Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2015-12-22
E IDIA� CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, December 22, 2015 at 6:00 PM 1. Roll -Call Attendance X David Zaremba X Joe Borton X Charlie Rountree _X Keith Bird X Genesis Milam _X Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Larry Woodard with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of December 8, 2015 City Council Workshop Meeting B. Approval of Award of Bid and Agreement to GRANITE EXCAVATION, INC. for the "Ashford Greens Trunk Sewer - Construction" project for a Not -To -Exceed amount of $1,073,850.56 C. Approval of Task Order 10012.e to CIVIL SURVEY CONSULTANTS, INC. for the "Well 30 Pumping Facilities - Design" project for a Not -To -Exceed amount of $88,762.00 D. Street Light and Electrical Maintenance Agreement for Ada County Juvenile Detention Center at 1024 W. Franklin Road E. Water Right Transfer Application Agreement with Nampa & Meridian Irrigation District F. Agreement with Kristy Swinney for Wellness Massage Services G. First Amendment to Recipient Agreement Between City of Meridian and Boys and Girls Clubs of Ada County for Contribution of Funds Moved to Item 6 Meridian City Council Meeting Agenda Tuesday, December 22, 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. H. Sanitary Sewer and Water Main Easements with Property Owners along the Idaho Transportation Department's Franklin Road, Black Cat to Ten Mile Project A. Permanent Sewer and Water Easement with Richard and Nance Ellis B. Permanent Sewer and Water Easement with Rick Aberasturi C. Temporary Construction Easement with Rick Aberasturi D. Permanent Sewer Easement with Jerry and Carol Trana E. Permanent Sewer and Water Easement with Matthew Lebaron F. Temporary Construction Easement with Matthew Lebaron G. Permanent Sewer and Water Easement with Christiansen Family Limited Partnership H. Permanent Sewer and Water Easement with Buyrite, LLC I. Temporary Construction Easement with Buyrite, LLC J. Permanent Sewer and Water Easement with MGB Investment, LLC and White Cloud Investments, LLC K. Temporary Construction Easement with MGB Investment, LLC and White Cloud Investments, LLC L. Permanent Sewer and Water Easement with John and Dorine Taggart M. Temporary Construction Easement with John and Dorine Taggart N. Temporary Construction Easement with John and Dorine Taggart O. Permanent Sewer and Water Easement with Mark Choi I. Final Order: H-2015-0004 Shelburne Subdivision No. 1 by Shelburne Properties, LLC Located 1/4 Mile East of S. Eagle Road and North of E. Amity Road 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 J. Findings of Fact, Conclusions of Law for Una Mas (H-2015-0016) by Glenn Walker, NeuDesign Architecture Located Southwest Corner of E. Ustick Road and N. Records Avenue Request: Modification to the Development Agreement to Remove the Requirement for all Building Elevations to be in Substantial Conformance with the Previously Approved Elevations K. Findings of Fact, Conclusions of Law and Order for Twelve Oaks Center Subdivision (H-2015-0025) by Twelve Oakes, LLC Located South Side of W. Franklin Road, Approximately 1/4 Mile West of S. Linder Road; Request: Short Plat Approval Consisting of Four (4) Building Lots on 1.44 Acres of Land in a C -C Zoning District L. Findings of Fact, Conclusions of Law for TM Creek East (H-2015-0018) by SCS Brighton, LLC Located Southeast Corner of S. Ten Mile Road and W. Franklin Meridian City Council Meeting Agenda Tuesday, December 22, 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. Road; Request: Annexation and Zoning of 14.93 Acres of Land with an R-40 Zoning District; Request: Modification to the Development Agreement (Inst. #1140457759) for TM Creek to Include the Subject 14.93 Acre Parcel in the Agreement M. Findings of Fact, Conclusions of Law for Calnon Properties (H-2015-0017) by Kostka & Calnon, LLC / Calnon Enterprises, LTD Located 2215 W. Franklin Road; Request: Annexation and Zoning of 55.55 Acres of Land with C -C (40.06 Acres), TN -C (5.46 Acres) and TN -R (10.03 Acres) Zoning Districts AND Amendment to the Future Land Use Map Contained in the Ten Mile Interchange Specific Area Plan to Change the Land Use Designation on 40.06 Acres of Land from Medium High and High Density Residential to Mixed Use Commercial; and 15.49 Acres of Land from Medium, Medium -High and High Density Residential to Mixed Use Residential N. Resolution No. 15-1108: Acceptance of Ownership of Main Street Improvements as Constructed by Meridian Development Corporation 6. Items Moved From the Consent Agenda Item 5G Moved Here 7. 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 Staff's 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 Continued from December 15, 2015 for Jackson Headquarters Vacation (H-2015-0028) by B & A Engineers, Inc. Located at 3410 & 3500 W. Commercial Court Approved 1. Request: Vacate a Portion (10x135.5 feet) of the 10 -Foot Wide Public Utility and Drainage Easement Located on the East Boundary of Lot 3, Block 2 and the West Boundary of Lot 4, Block 2 that is Platted with the Commerce Park Subdivision B. Resolution No. 15-1109: A Resolution (Jackson Headquarters H-2015-0028) Vacating A Portion (10'x 135.5' area) of the 10 -foot Wide Public Utility, Drainage and Irrigation Easement along the East Boundary of Lot 3, Block 2 and the West Boundary of Lot 4, Block 2 Platted with Commerce Park Subdivision located at 3410 and 3500 Commercial Court, located in the Meridian City Council Meeting Agenda Tuesday, December 22, 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. Southwest Quarter of Section 9, Township 3 North, Range 1 East Boise Meridian, City of Meridian, Ada County, Idaho Approved C. Continued from December 15, 2015: Resolution Number 15-1107 : PY 2014 CDBG Consolidated Annual Performance Evaluation Report (CAPER) Moved to Consent Item 5N 8. Department Reports A. Discussion Regarding Request from Silver Oak Apartments Regarding Water/Sewer Assessments for Multi -Family Projects Will bring back on January 5, 2016 agenda. B. Continued from December 15, 2015: Strategic Plan Update Will bring back on January 12, 2016 agenda under Old Business. C. Continued from December 15, 2015: Quarterly Dashboard Discussion 9. Future Meeting Topics Adjourned at 8:31 p.m. Meridian City Council Meeting Agenda Tuesday, December 22, 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 December 22, 2015 A meeting of the Meridian City Council was called to order at 6:05 p.m., Tuesday, December 22, 2015, by Mayor Tammy de Weerd. Members Present: Tammy, de Weerd, Charlie Rountree, Keith Bird, David Zaremba, Joe Borton, Genesis Milam and Luke Cavener. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Josh Beach, Warren Stewart, Mike de St. Germain, Mark Niemeyer, Bruce Freckleton, Robert Simison and Dean Willis. Item 1: Roll -call Attendance: 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: Thank you for joining us here tonight. Sorry we are starting a few minutes late. We were able to have a recognition send off to two of our Council members who are concluding their public service to this community. Certainly it will be a great loss to our community. In some regards closing one era, chapter, and opening up the next. So, we appreciate you joining us here this evening. For the record it is Tuesday, December 22nd. It's five 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 the flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Larry Woodard with Ten Mile Christian Church De Weerd: Thank you for that, Madam Clerk. I almost thought I was going to get away with that. Item No. 3 is our community invocation. We will start tonight with Larry Woodard. He is with Ten Mile Christian Church. We appreciate you coming and kicking us off this evening with the right start. We would invite all of you to join us in this community invocation or take this as an opportunity for a moment reflection. Thank you, Larry, for being here. Meridian City Council December 22, 2015 Page 2 of 45 Woodard: It's my pleasure and want to wish all of you a Merry Christmas and I especially want to thank you, too, that are going off for a great time of service and you will be missed and I can guarantee that. Rountree: Thank you, Larry. Woodard: Let's pray. Our Dear Heavenly Father, some of this Council are nearing the end of their tenure governing this city. I pray that they will have good health and pleasant memories of their time on this Council. Tonight we want to thank you for the greatest gift ever given to mankind and that was sending your Son Jesus. May we in 2015 and '16 uphold the basic principles he thought during his short time on earth. May we honor those who give their time looking after our well being. May the many school teachers here in Meridian be blessed for the time they spend with our children. There are many new residences being built in our city and I pray that those who come will enjoy its benefits as we have over the years. I pray especially tonight for each Council member and our Mayor. They have helped develop an atmosphere in this city which is friendly, where people care for their neighbors and it's just a great place to live. Just this week a young girl went missing and I know her parents were terribly frightened. After two days of people searching and praying she was found safe and I thank all who had a hand in resolving this situation. We pray tonight for all our citizens and the expected influx of new residents who heard through the media now about Meridian being the best place to live. May they feel welcome and may they soon become a part of this outstanding community. However, all is not perfect in our city and last week the arrest of nine drug dealers is disconcerting. I thank the detectives and the drug task force in tracking down these criminals. I pray that you will help us keep ourselves safe. You know, this next year there is going to be major street widenings to accommodate growth, be more utilities to the many new homes, adding schools to our city. There are many things that will occupy this Council this next year. May the wisdom that we have had in this Council in the past continue. Tonight we are saddened by the news from the Middle East. We pray for our service men and women who are overseas. The loss of six men here this last -- this week is disconcerting. I know that some of our Meridian families have sons now serving in Afghanistan and I can imagine their worry when they heard that six had been lost. I just pray that they will be comforted. God, I just ask that you bless this city like you have done in the past and may we measure up to your expectations, in Jesus' name, amen. De Weerd: Thank you, Larry. Woodard: You bet. Item 4: Adoption of the Agenda De Weerd: Item No. 4 is adoption of the agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council December 22, 2015 Page 3 of 45 Rountree: On Item 5 it's been requested to move Item 5-F to Item 6. On Item 5-M, the resolution number is 15-1108. On Item 7-13 the resolution number is 15-1109. And it's been requested to move Item 7-C to the Consent Agenda as Item 5-N. With those changes, Madam Mayor, I move that we approve the agenda. Bird: Second. De Weerd: I have motion and a second to adopt 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 December 8, 2015 City Council Workshop Meeting B. Approval of Award of Bid and Agreement to GRANITE EXCAVATION, INC. for the "Ashford Greens Trunk Sewer - Construction" project for a Not -To -Exceed amount of $1,073,850.56 C. Approval of Task Order 10012.e to CIVIL SURVEY CONSULTANTS, INC. for the "Well 30 Pumping Facilities - Design" project for a Not -To -Exceed amount of $88,762.00 D. Street Light and Electrical Maintenance Agreement for Ada County Juvenile Detention Center at 1024 W. Franklin Road E. Water Right Transfer Application Agreement with Nampa & Meridian Irrigation District F. Agreement with Kristy Swinney for Wellness Massage Services H. Sanitary Sewer and Water Main Easements with Property Owners along the Idaho Transportation Department's Franklin Road, Black Cat to Ten Mile Project A. Permanent Sewer and Water Easement with Richard and Nance Ellis B. Permanent Sewer and Water Easement with Rick Aberasturi C. Temporary Construction Easement with Rick Aberasturi D. Permanent Sewer Easement with Jerry and Carol Trana E. Permanent Sewer and Water Easement with Matthew Lebaron Meridian City Council December 22, 2015 Page 4 of 45 F. Temporary Construction Easement with Matthew Lebaron G. Permanent Sewer and Water Easement with Christiansen Family Limited Partnership H. Permanent Sewer and Water Easement with Buyrite, LLC I. Temporary Construction Easement with Buyrite, LLC J. Permanent Sewer and Water Easement with MGB Investment, LLC and White Cloud Investments, LLC K. Temporary Construction Easement with MGB Investment, LLC and White Cloud Investments, LLC L. Permanent Sewer and Water Easement with John and Dorine Taggart M. Temporary Construction Easement with John and Dorine Taggart N. Temporary Construction Easement with John and Dorine Taggart O. Permanent Sewer and Water Easement with Mark Choi I. Final Order: H-2015-0004 Shelburne Subdivision No. 1 by Shelburne Properties, LLC Located 1/4 Mile East of S. Eagle Road and North of E. Amity Road 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 J. Findings of Fact, Conclusions of Law for Una Mas (H-2015-0016) by Glenn Walker, NeuDesign Architecture Located Southwest Corner of E. Ustick Road and N. Records Avenue Request: Modification to the Development Agreement to Remove the Requirement for all Building Elevations to be in Substantial Conformance with the Previously Approved Elevations K. Findings of Fact, Conclusions of Law and Order for Twelve Oaks Center Subdivision (H-2015-0025) by Twelve Oakes, LLC Located South Side of W. Franklin Road, Approximately 1/4 Mile West of S. Linder Road; Request: Short Plat Approval Consisting of Four (4) Building Lots on 1.44 Acres of Land in a C -C Zoning District L. Findings of Fact, Conclusions of Law for TM Creek East (H-2015- 0018) by SCS Brighton, LLC Located Southeast Corner of S. Ten Mile Road and W. Franklin Road; Request: Annexation and Zoning of 14.93 Acres of Land with an R-40 Zoning District; Request: Modification to the Development Agreement (Inst. #1140457759) for TM Creek to Include the Subject 14.93 Acre Parcel in the Agreement M. Findings of Fact, Conclusions of Law for Calnon Properties (H- 2015-0017) by Kostka & Calnon, LLC / Calnon Enterprises, LTD Located 2215 W. Franklin Road; Request: Annexation and Meridian City Council December 22, 2015 Page 5 of 45 Zoning of 55.55 Acres of Land with C -C (40.06 Acres), TN -C (5.46 Acres) and TN -R (10.03 Acres) Zoning Districts AND Amendment to the Future Land Use Map Contained in the Ten Mile Interchange Specific Area Plan to Change the Land Use Designation on 40.06 Acres of Land from Medium High and High Density Residential to Mixed Use Commercial; and 15.49 Acres of Land from Medium, Medium -High and High Density Residential to Mixed Use Residential N. Resolution No. 15-1108: Acceptance of Ownership of Main Street Improvements as Constructed by Meridian Development Corporation M. Continued from December 15, 2015: Resolution Number 15-1107 : PY 2014 CDBG Consolidated Annual Performance Evaluation Report (CAPER) De Weerd: Item 5 is our Consent Agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the Consent Agenda as amended. Authorizing the Clerk to attest and the Mayor to sign. Bird: Second. De Weerd: I have a motion and a second to approve the Consent 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: Items Moved From the Consent Agenda G. First Amendment to Recipient Agreement Between City of Meridian and Boys and Girls Clubs of Ada County for Contribution of Funds De Weerd: Item 6. We did remove one item from Item 5-F to this place and I will ask for staff comments. Meridian City Council December 22, 2015 Page 6 of 45 Nary: Madam Mayor? Madam Mayor, Members of the Council, we have an amendment that was on the agenda with the Boys and Girls Club. It is related to the recipient agreement of the city's participation in the gym project. The original agreement contemplated the completion and occupancy of the gym by the end of December. Based on weather and some other issues and some of that -- some of it was related to the project being slightly changed, not in relation to the gym, but to the teen center that was being constructed, that they don't expect the gym's completion until January 15th barring any other type of delay based on weather. So, we ask -- we prepared an agreement that would extend the date of completion actually to the end of February to make sure we covered any delay of any sort that might occur that they wouldn't, then, be in default or be at risk of the city claiming they were in default. Mr. Siddoway from the Parks Department did contact the Boys and Girls Club Director Colleen Braga, sent her the agreement, asked her to get it signed before tonight. I -- he hasn't gotten a response back. My guess is might be out of town because of the holidays and hasn't been able to get back with him. We ask if the Council is willing to approve the agreement and we wouldn't ask the Mayor for signature until we get that signed approval, because we don't have a meeting next week I was hopeful that we could get this done by the end of the year and have it put behind us, but I didn't want to wait until January 5th. If you prefer to wait until January 5th don't think it's going to harm anything, but we just wanted to get this sort of buttoned up and put aside if we could. So, if you're okay with it we just ask you to approve it pending the Mayor -- or pending signature of the Boys and Girls Club's director and the Mayor would sign after that. De Weerd: Well, if anyone is confused I would say that our agenda has item -- two items under F. So, the item on page one, that item F is not what we just discussed. It's the Item F on page two that doesn't have a letter beside it is the one we moved. So, just thought I would clarify in case someone was trying to figure out why he was talking about the Boys and Girls Club and massage services. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing no comments or anything, I would move that we approve the first amendment to the recipient agreement between the City of Meridian and the Boys and Girls Club for contribution of funds and the delay of the construction because of weather and other sources and for the Mayor to sign after the Boys and Girls Club has signed the agreement. Milam: Second. Cavener: Second. Milam: Okay. I have a motion and a second. Any discussion? Rountree: I have none. Meridian City Council December 22, 2015 Page 7 of 45 De Weerd: I'm sure you have all driven by there and it's making good progress and the gymnasium will open up prior to the teen center, but they wanted to make sure that we didn't do anything until all of the addition is ready and occupyable, if that's a word, Bruce. Occupyable. 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 Continued from December 15, 2015 for Jackson Headquarters Vacation (H-2015-0028) by B & A Engineers, Inc. Located at 3410 & 3500 W. Commercial Court 1. Request: Vacate a Portion (10x135.5 feet) of the 10 -Foot Wide Public Utility and Drainage Easement Located on the East Boundary of Lot 3, Block 2 and the West Boundary of Lot 4, Block 2 that is Platted with the Commerce Park Subdivision De Weerd: 7-A under Action Items is a public hearing continued from December 15th for the Jackson headquarters vacation. This has been resolved. I will turn this over to staff. Beach: Yes, thank you, Mayor, Council Members. This is continued from a week ago on the 15th of December. Again, just to state that this is an application to vacate a portion or ten by 135 and a half feet of a ten foot wide public utility and drainage easement located on the eastern boundary of Lot 3, Block 2, and the west boundary of Lot 4, Block 2, that is platted with the Commerce Park Subdivision. Approval of the subject vacation application will remove a portion of that public utility and drainage easement and allow the applicant to submit and receive a building permit to construct an addition to the existing industrial office building. This was continued because it did not have a letter from CenturyLink and we have since received that. So, staff is in favor of this application and stand for any questions you may have. De Weerd: Thank you. Does the applicant -- is the applicant here this evening? Do you have anything you would like to add? Crawford: Mayor, Council Members, my name is David Crawford, I'm with B&A Engineers. My address is 5505 West Franklin Road in Boise. I'm here representing the applicant. To say that we would -- and to concur with the staff report as written, that we agree with the conditions of the approval. We would like to thank the city for assisting us in getting the CenturyLink approval. It was a long process. Also to just reiterate that we had found that the appeal period that was required, as I understand it, couldn't be waived, Meridian City Council December 22, 2015 Page 8 of 45 but we acknowledge that the city would accept our application for a building permit and subsequently release it prior to that appeal period and we certainly appreciate all the help that goes along with that. The difficulties in obtaining the approval from these individual entities -- we couldn't have done it on our own, because it didn't happen. So, we certainly appreciate that and I will stand for any questions you may have. De Weerd: Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Mr. Crawford, maybe you could elaborate. We heard in the public hearing last week there was some other potential community organizations that are encountering the same issues that you had. Could you maybe share what -- what ultimately resulted in the resolution that you received? De Weerd: No. Cavener: Okay. De Weerd: Other than teamwork. Cavener: Teamwork is great. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, just to maybe clarify on this appeal issue. This is a vacation under Title 50 of Idaho Code. It doesn't have an appeal period. That's why we can issue a building permit tomorrow. The appeal period under Title 11, which is our UDC, is related to appeals to the Council, not from the Council. So, the Council decision is final. It's done. There is no other appeal necessary. This resolution gets done, it will be signed and gets recorded and we can issue a building permit. So, there is no appeal that's necessary to waive or anything else. So, we can move forward. The resolution is in front of you for approval. De Weerd: Okay. Crawford: Thank you. De Weerd: Any other questions? Rountree: No. That's great. Meridian City Council December 22, 2015 Page 9 of 45 De Weerd: Other than we did find the right contact. So, thank you. Crawford: Thank you. De Weerd: Okay. This is a public hearing testimony on this item? Okay. Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Is there anyone who would like to offer Rountree: I move that we approve resolution 15-1109. Bird: Got to close the public hearing first. Zaremba: Second. De Weerd: Would -- and -- Rountree: And close the public hearing. De Weerd: Okay. I have a motion to close the public hearing and approve the request for a vacation. Any discussion from Council? 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. B. Resolution No. 15-1109: A Resolution (Jackson Headquarters H- 2015-0028) Vacating A Portion (10'x 135.5' area) of the 10 -foot Wide Public Utility, Drainage and Irrigation Easement along the East Boundary of Lot 3, Block 2 and the West Boundary of Lot 4, Block 2 Platted with Commerce Park Subdivision located at 3410 and 3500 Commercial Court, located in the Southwest Quarter of Section 9, Township 3 North, Range 1 East Boise Meridian, City of Meridian, Ada County, Idaho De Weerd: Next is a resolution 15-1109 resolution. Rountree: It's approved. De Weerd: Oh. Sorry. I would entertain a motion to approve this Meridian City Council December 22, 2015 Page 10 of 45 Item 8: Department Reports A. Discussion Regarding Request from Silver Oak Apartments Regarding Water/Sewer Assessments for Multi -Family Projects De Weerd: Okay. Item 8-A. Council, you have a letter in your packet of information regarding -- to have a discussion of -- on this letter in response to the letter that the city sent out. I met with the -- the signers of the letter that you have in front of you and they have requested to come and discuss the contents in their -- in their letter with Council. I guess I would ask Mr. Nary for just a little background before I ask the -- the cosigners of the letter for their comment. Nary: Thank you, Madam Mayor. Well, Madam Mayor, Members of the Council, so the basis of the letter what was sent by the city in November of 2015 was notifying developers, community partners, customers, of the Community Development Department regards to a particular city code section in Section 9-4-24, subsection B, and that's how assessments are -- how assessments are done on all different types of development and in the code section it has one primary preferred method of how calculations -- and, basically, there is a table that says if you're building a certain type of facility -- and that could be anything from a multi -family, to a bank, to a barbershop, to a bowling alley -- it has a variety of different uses and it's how the calculations -- or how that type of use is calculated as to what the sewer and water assessment that is assessed on that property when they come for a building permit. So, there is a preferred method that's listed in the code and it has alternative methods that can be considered, but it doesn't state the basis of when the alternatives might be used or not used or what information would be necessary to apply that alternative method. So, this was putting on notice all users and customers of the community development that from that point forward in this fiscal year -- it actually stated as of October 1 and the letter went out November -- that all of the uses would be done under the preferred method, which is listed in the table. That prompted a letter from the developers of the Silver Oaks project, which is on Franklin Road, adjacent to the Ten Mile Church, because it's a multi -family unit and they had previously under phase one had had their assessments based on the alternative formula and now they are being advised that that was no longer the case, it would be based on the way the table is designed and the table for multi -family units, whether it be one, two or three bedroom units, are assessed at one equivalent residential unit for each unit. So, whether it's a one bedroom, a two bedroom, or three bedroom apartment, it's assessed the same as an equivalent residential unit that we would use and the comparable is the -- that's the same methodology and the same formula we use for single family residences. So, that's what prompted the letter and so both the Mayor and Council President Rountree agreed to allow them this opportunity to present both the letter that you have already received as part of the record, as well as any other additional comment and, of course, any questions that you might have. So, if you have any other questions. That's the basis of what prompted the city's initial letter and the response that you have received. De Weerd: Good evening, Graye. Meridian City Council December 22, 2015 Page 11 of 45 Wolfe: Good evening, Mayor. De Weerd: If you will, please, state your name and address for the record. Wolfe: Graye Wollfe. G -r -a -y -e. W -o -I -f -e. I'm from Boise. 9418 North Winterwood Lane in Boise and I represent the developers and the partners in the development and I do have a handout. Shall I give this to the clerk to pass out to the Council members? Okay. I want to thank the departing Council members who have known about this project I think for how many years, but there is some really good stuff happening out there. So, thank you, Mr. Nary, for your comments. I think we came down -- we were a little bit surprised with the letter and the letter -- the letter is actually part of this package, but you have seen the letter. The letter was dated November 24th and it was made retroactive back to October 1st and the city has been working with us for quite some time. Phase one originally was going to be 260 units and because of our financing we had to break up, quote, unquote, phase one into two phases. So, phase one originally was 260 units, now phase one is 123 and phase two is the remaining 132. So, we are under construction right now for 128 of the original 260 and if you will look in the package that I gave you, it's numbered page -- is someone missing one? I have got an extra one. Mr. Nary, I will give you -- Nary: Great. Thank you. Wolfe: If you look at -- excuse me. If you will look at page number -- be page number one, you will see that back in November of 2014 -- you will see there we were working on phase one, which was 260 units. So, the city has known that there is more units, basically, going to be built as, quote, unquote, phase one. Phase two we are in the process of -- of all of our design work, basically all of that's ready to go. Our financing package is in with our lender. And so when we received the letter we were a little bit blindsided by the fact that, you know, we have already -- already got applications in with the bank and if you will -- the very last page of my handout that I have given you, you will see that it's quite a large increase. You can see that phase one, the actual impact fees that were paid for phase one were 6,424 dollars and the phase two with the new impact with the letter that we received it will go to $8,920.56, which is an increase of 2,496 dollars and 38 percent. So, while we understand that the city can do this, it's quite a large amount of money for us to have come at us when we were planning on a phase of 260, when the city knew that we were doing that, number one. Number two, the phase one and phase two combined is about 32 million dollars. The phase that's under construction right now for 128 units is 17 million. So, just in the first 260 there is 32 million dollars there and while it may not seem like a lot of money in total, if you look at what we are having to come up with in cash for the development, it was -- it was a 320,000 dollar surprise. Phase three, which will be on the drawing board, is another 109 units, which is an additional 12 million. So, the total development will be three sixty-nine. We -- we meet the needs for multi -family in the city, we believe, which has been short for years and years. We have previously discussed the impact in connection fees that would be charged the city and staff, so we were, basically, depending on this second phase to be Meridian City Council December 22, 2015 Page 12 of 45 the same as the first phase and had we have known that the letter was coming and it was going to be October the 1st, we would have been able to come to the city and say we want to pull these building permits before you do this to us and that was probably the biggest part of our surprise when we found that, because we were ready to go with phase two at this point and we could have come down, paid the fee, and saved us 329,000 dollars. The connection fees that were paid that we were charged for phase one were reasonable and allowed our project to go forward and this change has -- has definitely put -- I guess some challenges. We have five different investors in the project and now the cash needs -- coming up with the cash to fund the additional fees is not good timing for us, especially when we have things in with the lender. Our concerns -- we want to be really be fair with the city. You guys have been very fair with us. Our concerns are largely focused on predictability and fairness. We have worked closely with the city and like any developer we need to be able to identify our city -based costs with some level of predictability. An increase of this magnitude just destroys our ability to plan and there is no difference between the costs created by phase one and phase two, that there is a 329,000 dollar difference. The cost exceeds anything we have seen in other jurisdictions still and we would expect economies of scale to factor in as well. For the amount being charged we could, ostensibly, basically, build our own system on site. So, how do we fix this? We are invested in the city just as we are invested in the project. The unexpected increase in fees puts an economic hole in the project that we now have to address and we would like to explore means by which the fees could possibly be reconsidered to the previous phase one level and if the fees won't be or can't be changed, we would just like to understand how they were calculated and what they are calculated to cover, so we can make an appropriate and informed decision regarding the next steps going forward with the rest of the development of the project. So, that's basically where we are and where we are coming from. De Weerd: Thank you. Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Yeah. You mentioned that you based your -- your numbers on phase one, which were generated probably several years ago before you entered into your financing proposal, but you didn't check with the city, so you did that on an assumption that they were going to be the same? Wolfe: I guess what I would say is when we first went to financing phase one was 260 units and as a result of the way the financing came back we broke what we were calling phase one into phase one and phase two. So, when we came to the city -- we actually had come to the city and met with the Mayor's new development person who had just moved here from Chicago and had gone down through all of the assessments the other cities in Idaho -- the larger cities had been charging for assessments and we were able to workout a special assessment at that point for the first 260. So, we had gone through and did phase one and had -- basically had -- what word do I want to use? Planned on the Meridian City Council December 22, 2015 Page 13 of 45 260 units being at that number. Because our financing changed, we had to break it into two different -- two different phases. So, as we were working with the city on the second phase, the rest of the -- the rest of phase one and phase two together, we were still under the assumption that when we went and did the planning, went for the financing, we were going to be able to rely on what those fees were on that the first phase, the first 128 units. So, it was a complete surprise to us after we had submitted our financing package to get the letter on November 24th that on October 1 st the fee was going to go up and that was -- that was where we figured, you know, if we were going to be told that the fee was going to go up on November -- or October the 1 st, we would have been able to come in and do some planning and at least have some pre -prior notice to be able to say we want to move this thing up. Let's get our building permits and let's go ahead and pay the fees now, because it will save us 329,000, let's get these in now. We weren't -- we had the ability to pre -plan on phase two, because we were still assuming we were still going to be having -- having the same fees on the second set with phase two. Does that make sense? Rountree: I understand what you're saying, yes. In your letter you make a statement that we were now in a position to try to figure out how we can continue phase two. Have you done any work in that regard? Wolfe: Yes, we have. It's just going to, basically, come out of our pockets. We are going to have to fund the -- we are going to have to fund it with additional cash from the investors and the problem with this -- and I guess the challenge -- if it's not a problem -- the challenge with this is you go to investors, you know, invest in a project based on the rent returns and the cap rates of return and when you have to go back to the investor and say, well, you know, the city changed the rules, we have got 329,000 dollars more in fees, the lender is not going to pay, we have got to come up with that to change the -- it changes the return to the investors. So, we are not -- we are not standing in front of you today saying we can't continue the project because of the increase in fees, we just want to be -- we want to understand the methodology of how the increase was calculated and why we were not informed prior to October 1 st, so we could have planned to come in and save ourself 329,000. We could have easily given you the money and paid for them and saved us some money if we would have known prior to October 1st and I think that's where we are coming from. We have no problem with the fee if we can understand how you charged it. We just have a hard time with the timing of it, if that make sense. Rountree: Follow up, Mayor? De Weerd: Uh-huh. Rountree: You have indicated a couple times that you could and can and you're still ready to submit those. Can you have those submitted by the first of the year? Wolfe: With the holiday I don't know. Rountree: I see some heads shaking. Meridian City Council December 22, 2015 Page 14 of 45 Wolfe: With the holiday I would have to check. Our builders -- or our partners -- two of our partners in the project are Hanson Rice Construction, ESI has contracted -- they will be the contractor on the next phase as well. I would have to -- I would have to get back with the Council and let you know. I can't speak for them tonight, they are not here. would say that there is very very little change to the plan, the building types. Basically, it's -- it's the same. It would be very little work for us to be able to get it submitted I would think first week to ten days of January. But there is very little change. Dave, am I correct in that? Okay. And we have the cash that we could do that. Rountree: And you also make a comment in your letter that the loan could be in jeopardy with this change. Do you know for a fact that it is and, if so, what is the jeopardy? Wolfe: It's submitted. If we go back to the investors and say there is 329,000 dollars more that's needed to fund this thing and one of the investors were to back out, we would have to pull one of the investors out of the loan package, it could -- it could have -- it could have an effect on the loan. I can't speak for the lender. But if one of the -- one of the partners says I can't come up with my percentage of the 329,000, then, it could. I mean I don't -- I can't predict that. Rountree: So, it's not necessarily the loan per se, but it's the partnership and the -- Wolfe: Well, I would say that the lender -- if the lender is comfortable with the -- with the partners now, we are using the same lender again, so if that were to change I'm hopeful that wouldn't -- it wouldn't affect it. Rountree: Okay. That's the jeopardy, the loss of an investor. Wolfe: That's correct. Rountree: Not the HUD financing. Wolfe: No. If we lost an investor. Rountree: Thank you. Wolfe: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Mr. Wolfe, I take it phase two -- your financing was in place with the older assessment; right? Wolfe: Correct. Meridian City Council December 22, 2015 Page 15 of 45 Bird: And you had that in place by October 1st? Wolfe: The phase two financing approvals? Bird: Yes. Wolfe: No. The phase two financing approval is being reviewed and it's in for approval now. Bird: Oh, in for approval. Wolfe: Phase one is already done, funded, and we are under construction. Bird: And you paid the fees on that. Wolfe: Yes. Bird: The regular -- Wolfe: Yes, sir. So, the 132 that will be in phase two, we have not funded that. It's not approved yet. We are in the process of getting it approved. But I would -- I can't speak for the staff, but the staff is very -- we have worked very closely with the staff. Phase two is going to be pretty much the same as phase one, with the exception of small color choices that we are doing on the exterior of the building, but pretty much we are ready to go with phase two. Any questions? De Weerd: You know, I'm struggling because I -- I understand your predicament, but to go on the assumption that nothing changes when you're putting your figures together, know when I went to close on my house -- our cabin, things changed in just a week's time and we had to go and verify with the title company. I touched base with our staff and said, you know, have you been communicating with them and they haven't heard from you that -- to touch base and say is the estimates that we got two years ago when you started phase one -- what is the timeline on this? Wolfe: So, you're -- Mayor, are you saying that no one from our architects office, no one from Hanson Rice, no one from ESI had communicated with you at all on phase two? De Weerd: I guess I would ask that of staff. Freckleton: Madam Mayor, Members of the Council, I checked with Terry Ricks today. Terry is the staff member in our office that does the calculations on all the assessments and she provided me an e-mail that was dated August 6 of 2012 where she had communications back and forth with Dave Cooper regarding the fees. They wanted to get an estimate of what the fees would be, because they were getting ready to do phase one. Excuse me. Her e-mail was December 16th of 2011 where she put those fees together. It was then August of -- August 6th of 2012 that they followed back up, because they had Meridian City Council December 22, 2015 Page 16 of 45 -- they wanted to just verify, because there was a gap in time there, that those fees were still -- still accurate and she did reply that -- that the estimate remains good at that point in time. She did tell me that she has not had direct communication with anybody since then regarding phase two. Wolfe: Okay. So, what I would say to this is this: We know what the fees were on phase one. We paid phase one fees. So, I guess -- I guess it's our bad for assuming that when the process of getting ready to work on phase two there is correspondence in the packet that I gave you that in 2014 you knew we were working on another -- another 132 units. We have no problem with the fee increase. We have no problem with the change. We have a problem with a letter dated November 24th that says they are changing on October 1 st. That's the problem that we -- we are just -- we just want to understand why there was no preplanning, why we weren't told, because if we would have been told I'm telling you we would have had the money to come down and just say, okay, let's get this done, it's going to save us 329,000 dollars, let's go ahead and get it done. So, it's not that the city can't change the fees, we are not saying that, but there was correspondence, obviously, if you look at the November 14th letter they were working on another 132 units at the same time. We will pay the fee. We just want it to be fair, we want to understand how it was calculated why we weren't told prior to October 1st it was going to change and communication is a two way street. That's all we are saying. It's not a situation where we are thinking this is a horrible deal, we are going to stop the project, we are not here threatening, we are just trying to understand the methodology of how fees change and what they are for and, secondly, why did we not -- why did we not know prior to October 1st? Why were we told almost 60 days later that they are going to go up 39 percent? That's -- that's where we are coming from. That's bottom line. The staff has been great to work with. We are not saying we have been misled, other than getting a letter that's 60 days after the date and after the fact saying they are going to go up 39 percent. We have a problem with that and if we have to pay it, then, we'd just like to understand how it was calculated and why it went down this way. That's all. De Weerd: Okay. And I think staff can respond to that, but at the time when this was -- was looked at on when the effective date should be, there was nothing in the pipeline. Our staff worked with a number of different stakeholders and they were part of the communication and so perhaps you can even discuss this. Freckleton: Madam Mayor, Members of the Council, you know, we felt -- we felt that it was important to communicate out to the development community and that letter was generated as a courtesy to try and -- to try and inform those projects that we felt that were -- you know, that we had had contact with in the last few months. So, certainly I don't believe that our ordinance requires a notification, but we did feel it was -- it was important to communicate out to that group. De Weerd: I don't think there was any malice or any intent, but because you hadn't been in we didn't know that phase two -- what the timing was. We knew it was out there, just like all the other ones. Meridian City Council December 22, 2015 Page 17 of 45 Wolfe: Our architect David Ruby I believe has been working on phase two with someone at the city. He's not here this evening. I find it hard to believe that a project of that magnitude that we are spending -- in the first two phases alone 32 million bucks and we are rolling into phase two, that no one on staff had any contact with Mr. Ruby on phase two. I'm not going to speak for him, but I would be very surprised that no one on city staff knew we were moving forward with phase two. De Weerd: And I would agree with you and that's why I have looked into it, because I had the same questions that you have. But I also feel that it's important that as you ask those questions that you know we have asked those questions as well and at this point we haven't found that person that your -- Wolfe: Okay. De Weerd: -- your team has contacted on phase two. So, I'm sure that we would have contacted you as this was contemplated going to the standard practice that has been employed for a number of years and so if they knew that you were active in your phase two I can only imagine that that contact would have been made. Wolfe: Okay. So, that being said, I guess our question would, then, be in the realm of fairness, when did the effect -- when did the actual increase take effect? The 24th, 25th -- the 24th was when the letter was dated or on October the 1 st? That would be my next question. And did it actually take place on October 1st or did it take place on November 24th when the letter was dated? De Weerd: The letter was dated to just let people know that the -- Wolfe: So, you made the change -- you made the change on the 1st, but, really, nobody knew about it until the letter went out on the 24th? De Weerd: Anyone that walked in the door would have known about it and anyone with an active application would have as well. Wolfe: Okay. De Weerd: That's what I was -- was advised. Wolfe: Okay. Then I guess what we would like to know, then, I guess as the developer is how those fees have been calculated, so we can have an understanding of why they went up 39 percent and I think that -- I think we deserve to get that answer if we are going to be paying them, since we are building in the city. Am I right or wrong on that? De Weerd: Certainly I offered that. Our staff was willing to sit down and go over that with you -- Wolfe: Okay. Meridian City Council December 22, 2015 Page 18 of 45 De Weerd: -- when you came in and I know they still are available to do that. Wolfe: Okay. So, hopefully, the Council understands our surprise of the way it happened. It's unfortunate, because we really could have come down and done something with phase two and paid them in advance and saved ourself the fee. It just seems odd -- it seemed odd to us that we would get the letter the 60 -- 1 guess a courtesy letter 60 days after the fact that the change took place and we didn't -- we didn't know about it, so -- Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I just had a thought in regards to the time frame -- and I understand -- yes. understand your frustration, because it does seem very odd. However, if the letter went out on October 1 st as a courtesy, we would be in the same place we are today. Unless a letter went out a month early saying, hey, we are going to raise the rates, which I don't believe is common practice, then, you would have had the opportunity to come in ahead of time, so -- so I'm wrong on that, so -- but I understand your frustration. But I'm just saying the point of the date, whether it was October 1 st, date of the letter or in November 24th, the result is the same. Wolfe: I guess -- I guess when you talk about fairness, the Mayor said that no one -- no one on staff knew. So, if no one on staff knew, I guess they think we are going to build 128 units and spend an extra million and a half dollars on a clubhouse and not complete the development. We thought that if the change is going to happen -- it's, hey, the thing is coming, it's going to happen, you might want to get your building permits in. It's going to be a 40 percent increase. Just in the spirit of fairness and things is coming down the pike here in another two months or three months, you might want to do something. And I'm sure there is going to be other developers that are going to probably feel the same way about it. There is a lot of money being spent and it's going to be a good thing for the community, it's a good thing for us. It's just a surprise of not having I guess good communication to save us the money. You're right, if the letter had come out October 1 st and we would have got it on the 2nd, it's not a difference. But it's not a situation where we are going to stop building apartments out there. We have got too much invested in the ground. It's just very sad that it's going to cost us another 800 grand, stress over the whole project in the increase in fees and we could have worked it out. We could have come down and got those fees paid in advance and saved ourselves the money, but we would like to understand I guess from staff, then, the next -- the next meeting is how -- how the increase was calculated and so we can make sure that we understand the methodology and how it was done. Nary: Madam Mayor? Madam Mayor, Members of the Council, if you don't mind and just maybe to help clear up Mr. Wolfe, the fees did not increase on November 24th. The fees for sewer were calculated and increased in 2014. So, the only thing that changed as of October 1st of 2015 is the methodology in that ordinance that I read at the beginning as to Meridian City Council December 22, 2015 Page 19 of 45 how the fees are related to multi -family verses other types of buildings. So, the fees haven't changed, they are the exact same fees that were imposed in 2014 for sewer and the same with the rate for water. The methodology of how they were applied to your type of project is all that changed and that was already in the ordinance. So, I know we are not trying to get into every nuance of this, but you have said a number of times the fees increased and, actually, the fees did not increase. The methodology of how they are calculated in relation to a multi -family unit -- apartment complex was -- basically went to the preferred method that was already listed in the ordinance. So, I know that probably is more lawyer speak than most people want to listen to, but I just wanted to make clear, at least for the record, the fees didn't change, the methodology changed. Wolfe; That's clear. And I -- you're right, I don't understand lawyer speak very well either, but I will -- I will say this: We need to understand the methodology of how it was applied and I think we have a right and we need to understand to feel good about going forward. Okay. Any other questions? De Weerd: Only behind you. And, Dave, yes, you can come up after Graye. Wolfe: Okay. Thank you very much. De Weerd: Good evening. Cooper: Good evening, Madam Mayor. My name is David Cooper. I am the accountant for our project and a partner in this project of Silver Oaks. I reside at 7630 West Thunder Mountain in Boise, Idaho. De Weerd: Thank you. Cooper: Any other beginning? De Weerd: No. That's -- that's it. Cooper: Okay. I just wanted to point out -- I think there was -- I seemed to hear some understanding or belief that we first inquired about fees a couple years ago and that there hasn't been any other inquiry about fees and that staff hasn't been able to find e-mail or whatever about that. I have been in regular contact with the -- with the city staff and we actually paid fees to the city based on the fee schedule that's attached to that in April or May of this year. So, the fee schedule -- the amount of fees that we actually paid that's in that schedule, based on the other approach, was in 2015, not 2014, and we have been in communication about other things with the city, not necessarily about what are the fees going to be or have the fees changed, since the ones that we paid in May. So, I'm not -- we haven't had contact with the city to inquire about the fees since May. But we did -- we did know what the fees were, because we wrote checks for the fees, which were the assessment amounts that are there. So, I think I heard some comment about fees changing or the calculation changing in 2014, but the fees that we paid were 2015. 1 just Meridian City Council December 22, 2015 Page 20 of 45 wanted to clear that up. So, it wasn't -- because we haven't had -- had no contact for two years. We had contact in May. De Weerd: So, Dave, did you also have contact about moving forward with phase two with staff? Cooper: I believe we have in the sense that we have had -- there is -- before the Council there has been approval of the plat and things of that nature. That doesn't necessarily mean that we were going forward, but if you look at that -- the document that's there in front of you that's part of that package, it's dated December of 2014, which is right before we paid the first fees in May of 2015. The whole 260 units were all part of that package and what we have worked with the city to get approval of everything in our development was related -- mostly centered around those 260 units. So, the 260 units -- it isn't, I don't believe, a surprise to anybody in the city, and the whole timing of it is that we close the loan on one and we are going to be closing the loan on the second as soon as possible. So, that's -- I believe that's been our communication clearly, but if staff doesn't have that recollection, then, they don't have that recollection, so -- Freckleton: Madam Mayor, Members of the Council, the certificate of zoning compliance for the project was issued November 17th of '14. That CZC did cover phase one and phase two, for a total of 260 units. Mr. Ruby is correct that they did pull their permits for phase one this current year in 2015. So, I mean we did have the communication with them with the phase one permits earlier in the year, but I just wanted to point out that the CZC that was issued in '14 was for 260 units for phase one and two. De Weerd: That made it clear as mud. Cooper: We refer to phase one as the 128 units, but it's all part of the 260 and it's only a phase one, because we had to break the package -- had to break it into two pieces to get the financing approved. Financing is difficult. This project, since all of you have been involved with this project for a long time with us and we appreciate the cooperation the city has had. This has been a very long project and it's been a very difficult project and the financing was the last piece where we -- it came to us that we -- in order for us to move forward for our 260 units we would have to break it into two. So -- okay? De Weerd: Mr. Bird. Bird: When they actually got the plat, the 260 units was their phase one approved? Freckleton: Madam Mayor, Councilman Bird, the plat is just now in the process. So, it came after -- afterwards. Bird: When they applied they had the 260 in their phase one? Freckleton: That is not reflected in the plat. Meridian City Council December 22, 2015 Page 21 of 45 Bird: No. No. But I mean when they applied. I'm sorry. Freckleton: When they applied for their certificate of zoning compliance -- Bird: Yes. Freckleton: -- they had 260 units. Correct. Bird: And, then, they broke it -- that was their phase one as far we were concerned? Freckleton: No. Bird: Did they break that -- Freckleton: The certificate of zoning compliance specifically does say that it is for phase one and two of Silver Oaks. Bird: Thank you. Cooper: Any other questions for me? De Weerd: I don't think so, but thank you. We might ask later. Staff, anything further you feel is important for Council? Okay. Council, do you believe you have all the information you need? Is there further information we can gather for you before you look further at this? I guess what -- what do you need? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I have been doing a countdown here, so tonight's my last meeting, so anything say -- probably not going to be here. But we have got a lot of information. We have got it at -- good and new information from Mr. Wolfe. We have some information from staff and some information they provided this evening. We also have an acknowledgement I think on our part that the applicant certainly wants to sit down with staff and staff is willing to sit down with them and go over the calculations, so everybody is on the same plain if you will. So, I think that's something that we need to direct staff to do and, hopefully, they can do that. This is a terrible time of year to do stuff like this, but, hopefully, we can get it done soon. Maybe in the next two weeks. And in terms of the relief that's been asked for, I think we need to evaluate the information we have before us and make determination on where you all going to go. That's my comment on it. We have got I think both sides here to weigh in on it and I don't want to do it in 15 or five minutes, I would want some time to go over this and that's my last bit of sage advice. Milam: Madam Mayor? Meridian City Council December 22, 2015 Page 22 of 45 De Weerd: Mrs. Milam. Milam: I do have a question for the applicant and I don't know if it was already answered or not, but my question is when were you planning on applying for a building permit originally? Before you received that letter. De Weerd: You have to come to the microphone. I can attempt to answer that through my conversation is they wanted to secure the financing first and once that was secured they were going to move forward with the building permits. Cooper: This is actually the first apartment project that I have ever been involved in, so -- De Weerd: Welcome. Cooper: -- the first phase -- yeah. The first part of this was a learning experience and so my expectations were -- and our expectations were based on what happened in the first applicant, which is that we would come down to the city, when we were closing the loan and get the building permits at that point in time, but there was nothing -- there was nothing that said we couldn't do -- I mean from our perspective nothing else would have directed us not to do it earlier if we had an idea that that was a necessary thing to do. We were kind of following directions from staff and following directions from the people who do the financing, so -- but our expectations were based on the last loan that we did -- or closed on the first part of this 260 units project was that we would have been writing the checks about the time that we were doing the closing on the loan. We could have done it -- we could have done it in October. Milam: Madam Mayor? But when is that? Cooper: That is about April 1. Milam: Okay. Thank you. Cooper: So, we were really on track to getting this done. It takes a long time, so -- okay. Milam: Thank you. De Weerd: Thank you. Cooper: Anything else? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I need to -- I think we need to -- to consider it like Councilman Rountree has stated, that we got a lot of facts and figures. Having staff sit down with the applicants, get the Meridian City Council December 22, 2015 Page 23 of 45 methodology to them showing how we did this and we have got some -- a lot of stuff that we can read and look through now and come back in a couple three weeks -- because I -- want to be fair to the applicant, but I also want to be fair to our rate users also. De Weerd: And, Council, I think it does need to be determined if they were in the position to be filing for the permit that needs to be a consideration. So, I know it's moving mountains during the -- the holidays and looking at Larry through the microphone is -- but I do think if the applicant -- if you could get together with staff and let them know when those are -- what is the soonest they could be filed, so that the Council has that information. If you were far enough along in the process that -- that can affect the decision that is made and so you would need to share that information with staff when you get together. Mr. Zaremba. Zaremba: Thank you, Madam Mayor. I was just going to comment the -- and I'm not sure I remember this because of it happening in a Council meeting or because separate -- I have been liaison to the Public Works Department and had conversations about this, but my recollection is that -- that the reason that the Council directed the staff to make the change that are being made is that we are actual going back to a previous method that we used. This is not a new idea the way that -- the way to calculate it. We are going back to a previous method that we used to use. What I'm not sure of is the timing of -- when we said do this and I guess since the issue here is that -- that when we notified several people, not just -- and not just this applicant. De Weerd: Can you pull your microphone closer. Zaremba: But when we sent out the notice we did make it retroactive and as I recall that was at the direction of the Council, but where my question is going is just to reconfirm some information that I think I had at that time and I don't remember if the whole Council had and I think it might have been mentioned that we didn't think there was anything in the pipeline that fit into that retroactive period -- Bird: That's right. Zaremba: -- and I guess what my question is if -- to ask staff if we are going to bring this back again on what would probably be January 5th. In the meantime would you review and make sure that I'm correct that we did believe there was nothing in the pipeline and has any other applicant come forward and say, gee, this affects me, because I would have been in that period. That would be a piece of information that I would find helpful on January 5th is is there anybody else that has come out and said, well, wait a minute, this affects me. De Weerd: I think you were correct in the retroactive and that there was nothing in the pipeline, nor was there any knowledge that there was anything that would be in the pipeline in the next 30 to 60 days and so that is a comfort and when I met with Mr. Wolfe and the group I noted there is -- there is a lot that changed over this last year. We got our NPDES permit, we got hit with regulatory requirements that costs up to 150 million dollars. Meridian City Council December 22, 2015 Page 24 of 45 Our -- our finances and our approach is growth pays its way and our existing residents have demanded that and expect that and the Council has stayed true to that, that growth does pay for itself and if -- if growth shifts that burden, then, it's the future growth that's going to absorb the cost, because these are hard costs and so -- and I believe that is the discussion that we have had in the evaluation, the methodology that was used for so many years, it was in place for a reason and it was to make sure that that growth model was averaged out and that the cost was -- was made by those creating the growth. So, you were right in both of those, but I think staff can come back and better articulate it on January 5th. Does that seem reasonable to -- for the applicant -- for staff to bring information back that this Council can respond to the letter with? Okay. Okay. And, then, this is a discussion about a letter we received. I don't think I need a specific motion to continue this, but we will set it for our January 5th agenda. Rountree: Madam Mayor, just for -- to summarize and some direction. Who is going to raise their hand to be the lead from the staff to meet with these folks? Is it going to be Tom or Mike or -- De Weerd: Mike or Warren or -- Bird: Bruce. De Weerd: Bruce. Rountree: Okay. All right. De Weerd: So, Tom and Bruce? Okay. Okay. Perfect. And I imagine -- Zaremba: Madam Mayor? De Weerd: -- that Mr. Wolfe, you can be the point person -- okay. Mr. Zaremba. Zaremba: I was going to throw in the comment -- it's been pointed out that two of us are retiring and clearly Councilman Rountree will not be here on the 5th, but I just wanted to add my replacement has a previous commitment and will not be available on the 5th, so I will be attending the January 5th meeting as a Council member for at least the duration of that meeting, so -- De Weerd: You are a sitting member until your next predecessor is sworn in and that will be the following week, so -- Zaremba: Yeah. I just -- I wanted to point out there will be some continuity. There will not be a new person sitting in my seat next week. Or on the 5th I mean, so -- De Weerd: Okay. Anything further from Council? Thank you. Merry Christmas. B. Continued from December 15, 2015: Strategic Plan Update Meridian City Council December 22, 2015 Page 25 of 45 De Weerd: Item No. 8-B is continued from our December 15th meeting on the strategic plan. Simison: Thank you, Madam Mayor, Members of the Council. I'm going to -- I thought, as I mentioned last time when you guys decided to put this off for a week, I was going to have Tom come up and give the PowerPoint and figured it would be good for Councilman Rountree and Councilman Zaremba to have that as their final meeting -- Milam: A midnight meeting. Simison: But, instead, you will get me and I'm going to start off with a brief -- brief PowerPoint on this and I'm going to vacate the podium and go sit down so that I can take notes as needed. You do have other people in the room that can help answer any questions, but I will go ahead and get started. In theory. So, just as a brief background, you remember that these are the five community focus areas that were in the strategic plan initially. We have strategic growth, economic vibrancy, responsive government, safe, healthy, secure, arts, culture, recreation. This information was initially presented back in April and the Council adopted the overarching objectives at the May 5th City Council meeting. At that time there was direction to complete the objectives and bring the information back to Council. This was presented by Tom Barry, just for those of you who may remember that conversation, and ultimately the conversation will lead towards our FY -17 budget discussion in some of these areas that relate to the high priority areas that we will talk about in just a second. Just want to briefly go over -- because at the time we gave you an example of what the objective worksheet might look like. There were some modifications to it, just as we -- as the leadership team went through examining the worksheets there was additional information that we felt needed to be included on it, but up in the top part of the objective worksheet you have, you know, the objective and corresponding goal. It lists who is the primary and supporting, as well as external participant, the lead departments -- and lead departments were generally the ones who -- who completed these worksheets initially. It had the cost complete in various ranges. In the cost to complete there was four different ranges of cost, notation had five ranges. Estimated effort had four different ranges in term of hours. And, then, priority level of high, medium and low. The bottom part of the worksheet was really the why are we doing this, what are we going to do, and how are we going to measure success and I think that was really kind of the -- the components that Council really wanted to focus in getting those worksheets. So, as far as the objectives, as a reminder, the plan has 72 objectives, each with its own worksheet. The departments created the worksheet and self identified the priority and the time frames when they went through and did that themselves, the lead department. After we got that subcommittee of Bruce, Mark, Tom, myself reviewed and updated based upon the necessity to complete an objective or task based upon its overall prioritization, the strategic plan or need to finish by a date specific. We looked at prior factors, including the impact, the criticality, the urgency, opportunity, prerequisites, interdependency, management, leadership prerogative. We took that information back to the director for their discussion and feedback, especially on the ones where we had made changes to their original priority level or other stuff and at that point in time that's the information that you ultimately got presented to you following that feedback. So, I want to Meridian City Council December 22, 2015 Page 26 of 45 focus my comments, at least primarily on the 18 high priority objectives in this plan and I really say that these are, at least from our perspective, the initial mission critical components to which could impact changes to the rest of the plan once many of these things are adopted. You know, when we talk about level of service and when you go through that process, that could have cascading impacts down throughout the rest of the plan. So, that's really where we see the -- the real meat of this plan -- to start the plan. Here is just a quick snapshot of those objectives and you can see they are broken down by the departments, who are identified as the lead. Community Development, the Mayor's Office, are the primary leads on most of them. We also have Finance and Human Resources as leads in the high growth areas. Or high priority areas. Relating to those, in the Mayor's Office generally these objectives involve all the departments in order for them to be completed. The Mayor's Office is listed, because you have to have a lead, but they are really -- many of them are all hands on deck in order to make them succeed, because they are citywide components and as well not just the Mayor's Office, many of these will have some additional resources that might be needed to complete them as well. For the items in the high priority arena is community development. Many of these are ongoing economic development issues that are really issues or projects which were already taking place that are under -- underway that we are not going to stop doing at this point in time, such as downtown performing arts, urban renewal, and business attraction. For Finance they will be really looking at a line in the budget to service priorities and providing information and growth and the cost of these services. Again, kind of comes after -- if you look at some of the priorities of government components, but that's really -- and that's for a couple, three or four years to get that stuff lined up and in Human Resources, the items that were listed here, we feel like the employees and what retains them and keeps them and how they are treated were really stuff that we need to stay on top of and especially with still all the changes in healthcare that are impacting not just cities, but businesses alike. You got to keep an eye on those items and, unfortunately, will be under new leadership for that discussion, so -- but I know it still rated a high priority for the city, because it's a large portion of the budget and you have to stay focused on those type of things. We have kind of an overarching of the high priority areas. Just want to real quickly give you at least my take on the medium objective and I think you need the medium priority plan or creating plan for the future. This would include items like rezoning, improving access to government development, safety and health providers for the community, it's looking at what we are doing, how are we doing it, how can we improve it, where is it going to go from here. And, then, on the lowest priority. I would say these are typically functions which we should be engaged in, but are not the primary functions of city -- you know, they really stretch us as a service provider to try to take us to that next level if appropriate. This could include doing stuff like green building design, creating signature events, looking at social -economic needs of the community beyond what we currently are doing. So, with that brief overview, which -- you know, now I'm going to open this up for any comment and discussion and as I mentioned we have four members of the subcommittee that really kind of focused on this, as well as a few of the directors in the room, Jaycee and Bill, Steve over here, so you have got at least seven of the nine people who were really involved, but we were told to bring this back to Council -- or bring these objectives back to you for consideration and conversations with Council President Rountree, his recommendation was to have this discussion today. It will -- it Meridian City Council December 22, 2015 Page 27 of 45 would have been last week and, then, bring back this week for adoption with any changes. But, really, from here, you know, we have the discussion. I think that the directors are wanting your buy -in, your input and your involvement to say -- especially the high priority items, these are what we want and what we need to be focused on and that you will see some of these items and budget amendments for discussion as part of the FY -17 budget as necessary and with that I will go ahead and go sit down and open it up for any discussions or comments. Or I will take any questions first before I go sit down. But if I need to take notes I want to go sit down. De Weerd: Council, any questions? I think it is important to note when we brought this with all the different -- I think you now get an idea and I kind of go back to Councilman Bird's statement of the thickness of the strategic plan. When we brought it for initial consideration we said this is where the work really begins. It's flushing it out, putting the details to it and we wanted to make sure that each of those lines was something that you supported. Now maybe reading the meat you have additional questions, but a lot of time -- and I would like to thank all of our departments and the leads that really took each of those lines and now put context to them for all the work, because it was -- it was great. The high priority items certainly need real debate and discussion, because those are very time consuming. The three key ones in the discussions that we have had as a team are in priorities in government and levels of service and in our priority based budgeting and those are all huge in setting budgetary considerations in building -- if the strategic plan is really going to bring us to the next level there -- there is a cultural change, it's building key performance measures and with those key performance measures you will see that we are moving the needle. You will also see performance by department and you will see an opportunity to talk about efficiencies where we can prioritize those programs that are moving the needle and maybe looking at programs that have a shelf life and this is -- this is going to be a big, big endeavor. So, with that I will open this up to any questions and discussion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I really don't have a discussion, because I haven't had time to read through it enough to do it, but I do want to thank Robert for getting these out to us in a timely manner and especially the priority one that come later. I appreciate all the hard work that everybody has done and as a Council we need to go through this and really understand it and I hope our two new members got copies of this -- or got it e-mailed to them, because they are going to be living under this, whatever we adopt, so I just appreciate all the hard work that's went into this. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council December 22, 2015 Page 28 of 45 Rountree: I did what I usually do. I have some questions and a few suggestions. Just looking at it overall, you have a reasonable distribution of high to low and you really have a concentration of medium area for -- of the goals, but, you know, the high and low ones kind of balance out. The distribution of lead is pretty heavy weighted on Community Development and if there is a way you could get that distributed a little better I think it would be less of an impact on Community Development folks having to take leads on multiple of these things. Granted, the high priorities are pretty much balanced between Community Development and the Mayor's Office, with a number of high priorities that both are going to be dealing with. The Mayor's office doesn't have in itself a lot of staff, but she gets to utilize all you guys and all you guys only get to use yours. So, think about -- think about the staffing. Think about the impact on staffing. Think about how busy we are with the everyday business of the city and how you can work toward implementing these. That's just overall observation of what I see. Specifics. Item 2-A-1. It seems to me that -- know where it's going, but I think human resources could provide some input on that in terms of knowing what the job markets are and knowing what the educational levels are -- it ought to have an X there. Next one down 5-A-1 about fostering development of mixed use single use facilities for performing arts. That's a high priority, yet 5-C-1 to look at the long term mechanism for financing and getting that done is a low priority. I can't make that work, but if it works for you all that's fine. I just point that out. I'm not saying change this stuff, just from looking at it that didn't make sense to me. A question. The enumeration like 3-E-4, it seems to me that -- and the one that precedes that is 3-E-2, that's the right sequence. Was that on purpose? If it was you did it just right. If it wasn't you did it just right. I don't know if that's reflected through the rest of this in the thought process. Moving on down the first page. 1-A-3, I don't know what reform the Meridian Development Corporation means. I have an idea of what the intent is. But I think we need to be a little more specific if it's going to be a goal. That could mean change the membership. It could mean changing a whole lot of things. It could be just replacing a few people . On 3-E-1 about establishing clear defined roles and responsibility for city leadership and elected officials, quite honestly, the legislature has done a specific job of elected officials and if you try to mess with that I think you don't want to lose sight of what it is you were elected to do and what statute says you are to do. So, don't forget that. On 1-C-3, it's one thing to identify it, but is that exercise in vain, because how do you keep it? You identify a culture and you identify education, that sort of thing, but how do you keep it in the dynamics of being driven by development. That's just a question you're probably going to have to answer when you do that. I think it's -- I think it's a legitimate goal, but to me that popped into my mind, well, that's great, but how do you do it. 1-B-2, identify priority growth and incentivize growth and development. In my opinion tools to incentivize growth and development ought to be a separate goal. That's a -- that's a big chunk and think we would probably be wise to look at that as a goal to emphasize. I'm running out of steam. The second to the last page, 3-E-5, is certainly a -- it's a low rating, low priority and I didn't pick this up with any of the goals that one seems to me like it's written in such a way as you want to make that happen by using word the benefit. It should just read evaluate or evaluation of district and council seats. You shouldn't really show favoritism or, you know -- we have looked at it once and it didn't look too good, so maybe you don't even want to do it. I don't know. Those were some flashes I had when I went through this with not a great amount of detail, but I did run some percentages. It looks like Community Meridian City Council December 22, 2015 Page 29 of 45 Development has 32 percent of the goals as lead. The Mayor's Office comes in at 25 percent and it goes all the way down to zero. Mike, I think you guys need to step up and take the lead on some of these goals or find some goals for the police department that you ought to work on. De Weerd: We will just add Community Development with police. Rountree: But, you know, I think it's good work, it's a great exercise, but let's try to make it something other than an exercise. Pick those things that really and truly are priorities and spend the resources that you need to make them work. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Some questions and some comments. I will kind of run them in stereo. The first question I could really use the clarification on is whom or whom or what was the matrix to determine a high from a medium from a low? Because I think that there is some things in here that I would maybe say is more of a higher priority, there is things that are high priority that I would say is more medium. Some more clarification on that would be great. Robert, I appreciate your comments about this resulting in some -- some budget enhancements in 2017, some -- a follow up and feedback on -- with a lot of those goals that start at the first of the year, what were you using to pay for those? Moreover, what -- if we are using some current staffing resources what are we not having staff worry about, because I haven't had an employee yet say they are looking for more stuff to do. So, I'm curious as to kind of where we are aligning on those. Simison: Madam Mayor, Councilman Cavener, if I could reply at least to your two questions. Cavener: Sure. Simison: We generally use the January 1st, 2016, start date regardless of whether or not we have -- we felt like we had the staff resources in place to do anything or the time, just from the standpoint that might be the date we start putting together budget enhancements -- Cavener: Okay. Simison: -- to do the work next year or reevaluate. But it was a starting date and typically the only ones that we didn't put that date, if it was clear another item had to be done first, then, we moved that to the end of the completion of the other one. But it was more of a standard start the plan January 1, because that's when we will start diving in, assuming Council says do the work, well, then, we are going to start doing the work. As to your other question about the factors that we looked at -- and, yes, I mean, as I stated, some of the department felt like some of the items in here were a higher priority. We actually Meridian City Council December 22, 2015 Page 30 of 45 moved them down, because we felt like generally the overall criticality of getting our levels of service was more important than doing some of the other things, but we looked at as a group the criticality, the urgency, the opportunity, you know, where are we currently in looking at these things or what -- what the current situation is. Is there interdependencies to other things that need to happen first and, then, management leadership prerogative and I think that -- that's the undefined one in terms of, you know, if someone says that's more important than everything else, then, that one got moved up, because that's what was said to do. So, that was some of the criteria that was used in looking at these. Cavener: Follow up, Madam Mayor? De Weerd: Uh-huh. Cavener: Robert, then, is it more than the -- the strategic committee that is -- formed these or was it the group as a whole that ultimately determined what was high and what was a medium and what was a low? Simison: Madam Mayor, Councilman Cavener, it was both. I mean we -- for some of these items -- and the Mayor's Office was a great example. Most of those ones that are in the Mayor's Office we as the leadership, the directors, the Mayor, myself, we worked on those together in the director meetings and off-site meetings, because we felt like those were the highest priority things that needed to be taken care of in the plan. So, we did those worksheets together. In some of the other ones, like I say, they weren't just -- it wasn't -- we felt they wouldn't be looked at and say we just think that that is something that -- it needs to occur first, rather than doing some of these other items, but -- and some of the other ones are ones that are already being done. You know, you look at those six items in Community Development, they are ongoing and so we didn't see the point in making those low -- medium or low priority if we are actively working on them right now. So, I think that that's -- if you kind of break it down from that standpoint I think that there are six economic development items that are high at six of the 18. But they are having to really -- we are doing that. We are not going to stop doing it. And the other 12 are -- you really start getting into that larger picture items. Cavener: Okay. Robert, your point about the start dates being a placeholder probably addresses the bulk of my other questions. Just checking dates. Madam Mayor, maybe one follow up. And this is for Robert or for anyone from the group that maybe wants to chime in. My question is really related to 1.A.2 and 1.A.3. So, looking at the -- the Mayor's office being the lead in one, Community Development being the lead on the other, is the intent of those to happen in stereo or is the intent that one of those happens first and, then, my follow up question would be is which of those two is priority 1-A versus 1-B? Simison: Madam Mayor and Councilman Cavener, I would argue that item 1-A-2 is ongoing in process as we speak and so that would be 1-A-1, part one. I think you will see something on that in the next two months. The other item I would say is not as high if you want them rated in those contexts. I can't say that anything has begun on that per se. Meridian City Council December 22, 2015 Page 31 of 45 Cavener: Great. A couple comments, then, Madam Mayor? To Councilman Bird and Councilman Rountree, both of their points, I appreciate the work that's went into this I look at it like a buffet, back to logic. There is some things here that I'm really excited to go try, there is some things that I really am excited to -- to explore. There is some things that I don't have an appetite for. Nevertheless, I'm excited to go to the buffet, so I appreciate the work behind it and I look forward to seeing the -- the budget amendments that come forth with it. I think it's important, at least from my perspective, that my support of this plan as a whole does not necessarily indicate support of any specific strategic goal, but I appreciate the willingness of the departments and the team to explore them each individually. Milam: Madam Mayor? De Weerd: Okay. Hold on. I'm trying to grasp what that just said. What that just said. What Mr. Cavener just said. That -- I think that each person that worked on all of these different sheets that you have feel that this is the Council, the Mayor, the directors' plan and that as it moves forward they are executing on the city's plan in moving forward towards that vision of achieving our vision and mission. We can't be halfway pregnant. We are either pregnant or we are not. We are either doing this strategic plan or we are not. Because it's -- it's very difficult to execute on the strategic plan that we don't know what you agree with and what you don't. If you don't agree with it, it should not be on here. So, we need clear direction and we need to make sure that we are all a team here and it's not Tammy's plan, it's not Charlie and David's, because they are leaving, but it's your plan, it's the senior management team's plan and it is every employee in the city's plan. So, what you have concern or you don't have an appetite for, but you're wanting to see, I don't know, what it's made of, we will bring you the ingredients, but we need to make sure that we are all on the same page, because this is work. This is going to be work. It's going to be a focus. It's going to take a lot of resources. We can't sit here and wonder if we start going down -- down a road that it's a lot of energy for something no one agrees with. Cavener: Madam Mayor, if I can respond? De Weerd: Yes. Please. Because that was a question. Cavener: That's fair. There wasn't a question, but I will provide some comment and some context there. Feedback that I received from staff when this plan was first proposed was that they were putting forth concepts and that the next step was to bring this process to us for some feedback. In further communication with staff the response has been that, again, there will be other opportunity to discuss each of these at an individual level when they would come forward with a budget amendment. To your point, this is the city's plan. I am one of six and I think that we have seen time and time again you ask six of the same question you're going to get 12 different answers. So, I think that to expect four of us today and two new members when these come forth as individual budget amendments to support one hundred percent of everything, in my opinion will most likely not happen. support the work of putting forth the strategic plan. I don't support every single element Meridian City Council December 22, 2015 Page 32 of 45 within the plan and if tonight is the night that we wanted to go through these line by line to discussion the merits of those and the staff putting time, energy, and resources into it, I'm prepared to do that. However, I don't think that was the intent or the goal of tonight's meeting. So, to your point I do understand and recognize that this is not just the Mayor's plan and it's just not the current or the future council's plan, but this is our city's plan and I'm happy to discuss each of these items on their own individual merits, but to say that I as an individual support every element in here isn't accurate and there are -- there are some particular priorities -- more in the medium to low that I don't necessarily think -- that's something we need to explore or as replicating a service that we are already currently doing. De Weerd: Good. Because we want that conversation and, yes, we don't want it tonight. But I do want you to start having that conversation with the leads, because they are the ones that developed those sheets and to -- to seek to understand and so when we bring this back for a conversation -- because as I think Councilman Rountree pointed out, there is going to be a lot of work in moving this forward and we want to make sure that -- and I was pleased to hear that your questions reside less in the high priorities and more in the medium to low. But when this body votes, we move forward and, then, we all agree, whether we agreed or not. When the six of you vote we now have our direction. Cavener: Absolutely. De Weerd: Okay. So, I don't mind taking this slowly, because it's mammoth, but we do need a decision so we do know what we are going to focus on and we do look forward to the conversation about the ingredients. So, you can either continue to not have an appetite for it or you gain an appetite for it, using your analogy. So, thank you for that further explanation. I appreciate it. Simison: Madam Mayor, if I could also add -- and, Bruce, if you want to go to those last sheets. When Tom presented this -- and you can see here on this chart the end, you know, each year the idea is to bring this plan back to Council to ask these very questions and I think that that's really prudent as you get into the medium and the lower items. It's going to alter. You're going to -- the leadership team or the directors are going to be bringing back stuff to you that will probably fall off the plan or maybe add stuff in. I think especially if you look at something in the medium and low years and you look at the date of anticipated start time -- you know, so long as you're having the conversation with people before that, it -- I think that that's appropriate and you can modify and change and that's what my goal would be is next year, one year when you come back for the annual progress report to review and refine the strategic plan, that that's when we are going to really start seeing, okay, what's going to come out, what's going to drop off and make those changes. So, just to let you know. As we have had that conversation, this is only the first conversation. De Weerd: Yeah. And I'd rather have a parking lot, too, for those items that we don't think we agree with at this point that may make sense after we have done a priorities in government and, you know, level of service, then, you know that you definitely -- that's not Meridian City Council December 22, 2015 Page 33 of 45 something to go to or maybe it even changes in our priority. It's going to be a very fluid plan that -- this is our best guess at this point and -- but the conversation is almost more important at this point to make sure we start focusing on the things that are most important to -- to help figure out the rest of the plan even. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Question, then, for Robert. Robert, then, is it the goal to -- really the next time that we discuss this would be a year from now at a December update, outside of specific budgetary discussions? Simison: Well, I think based upon what was presented I would think that you would -- you would come back -- you would see potential amendments to the objectives, come back in a year from now, either we are not going to be doing those -- these items anymore, because we find them not to be necessary or things that we -- have been added in or conversations throughout the year. That's what I believe was the plan, but I'm going to follow what was in the strategic plan document adopted on May 5th with this chart. So, I'd like to follow things that have been laid out. De Weerd: Mr. Zaremba. Zaremba: Thank you, Madam Mayor. I, too, would chime in with gratefulness for all the work that is going into this. I think this is the right time to be doing this. In my thinking ahead of the strategic plan, I frame it in reference to the potential for the city to have 350,000 citizens and how we are going to be ready for that. I see many steps in here that -- that help us work towards that. I look at the prioritization schedule and I don't see anything with a date later than 2020. So, I guess my instinct is to say this is terribly ambitious. There is an awful lot here. I understand and agree with that this is actually going to be an evolving thing and some of these things as you start into them you will say, well, this might be better if it were something slightly different. You don't know that until you start doing it. But while I'm happy to see the intent to have all of this happen, my expectation is that it's probably going to be a little longer time frame. There is an awful lot here and I'm a strong supporter of continuous quality improvement, which I think much of this addresses. I think it's the right thing to do. I think this is the right time to do it. The Mayor's comment that you can't be half pregnant reminds me of something. In 1984 when my brother and I were putting the transportation together for the Olympics in Los Angeles, that's a massive amount of work and there is an actual deadline, you can't have something ready a week later than the Olympics, you have got to have it ready and it became very common to say when somebody would come up with big project: You can't make a baby in one month by getting nine women pregnant. Cavener: Now, there is a quote. Meridian City Council December 22, 2015 Page 34 of 45 Zaremba: A little bit crude. I'm sorry. But the point is that some things have to happen in a certain sequence and in a certain time and I see this as a massive effort. I'm not sure that the pressure to get it all done by 2020 is going to workout and I don't see any reason why it necessarily has to be. I mean, as I say, I visualize what do we need to be doing to get to 350,000 citizens. That's not going to happen before 2020 either. So, to me the prioritization is what has to happen first and I'm glad that thinking is being done, but I don't have any problem believing that this is going to evolve. Simison: Madam Mayor -- De Weerd: I think I agree with what you just said, to a certain degree. Simison: Madam Mayor, Councilman Zaremba, if I could just -- the plan only goes to 2020, so that's why the dates only go to that point in time. I think that what we have heard from Mark and Tom, the two departments with experience in strategic plans, we know that this is more ambitious and we are probably not going to get there. We don't -- I wouldn't want to hamper how much we can get through, but we felt if it wasn't on the paper and we didn't take a look at it and we didn't stretch, then, we wouldn't know where we could go or where we couldn't go and -- but the reality that this entire plan gets done by 2020 1 think that we all agree is not likely. De Weerd: I think what's going to be important is the touch backs with Council and the team and keeping this as a fluid document and as -- as something that doesn't go on the shelf and bringing back those progress reports and having discussions about what we learn along the way is going to be just as important as well. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: So, Charlie covered already most of my questions. I just had a one kind of more specific on -- and I don't know if it's a question or a comment, but 3-B-4, an employee engagement program, if -- we are working on creating -- on compensation and retention. It seems that should be along -- up in a high priority with those, too. In my opinion that is a retention tool and if we want to focus on employee retention, then, engagement certainly should be a part of that. I think that's it. De Weerd: So, next steps. Can we ask Council to identify those -- those areas that you would -- personally, I don't mind that items fall off of this and go into a parking lot area for consideration, but I -- I do ask that you submit your questions, comments, or concerns, so we can wrap that into the items that you bring up and we will pull the minutes to make sure that we have captured everything that was discussed here tonight. But at some point we would like action from Council, knowing it is a fluid document, but to start moving forward in putting resources -- people's time into the execution. Bird: Madam Mayor? Meridian City Council December 22, 2015 Page 35 of 45 De Weerd: Mr. Bird. Bird: If I may suggest something. Robert, I'm sure he offered this to all the other Council people, too, to get back to him in what concerns we had or anything and I did not have time to go through it thoroughly enough to do that, but what -- if we could have until the 12th of January, which is our workshop. Not get back -- let's stay the 8th of January for all the Council people and I will make sure that Ty is notified of this also. To get any concerns or comments you have and I would say let's -- if you don't mind, Robert, can we send them to you -- e-mail them to you or get them to you personally? And preferably in writing and, then, we can -- I think we can process this a little from there on and see what route we want to go at that point, seeing what comments we would get back at that time. If that is okay with the rest of the Council I would certainly suggest that we do it that way. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Question for Robert. For our two incoming Council members, I assume they have been -- had any type of a -- okay. I'm seeing heads -- okay. Saying no. I would -- Bird: We will get that to them. Cavener: Yeah. That they be given an opportunity to sit down with you and be brought up to date as to the background of the process, so that they feel that they are informed to be able to make a decision one way or another and provide any comment to you before then as well. Sooner, rather than later would be my hope. But if we feel that they can be brought up to date by the 12th, I'm okay with that. I'd prefer to go later, but I also recognize the workshop is a great opportunity for us to discuss this. De Weerd: Okay. All right. Are you going to comment or not or -- I didn't know that they didn't get this. So, we will make sure that they -- they get the sheets and the summary page. Simison: Madam Mayor, Councilman, the goal was to have this wrapped up by the end of this Council term. That was the original intention and that's why we have been working towards that goal for that -- you know, six months ago that was the intention when we came back, so we would bring this back to you before the end of this time. If we want to extend it that's fine. The only thing I would ask for -- I would ask -- if you have things that you want to change, that that's what -- you know, the general comments are good, but if you -- it would be really helpful if there is very specific comments about this item should come off, I don't like this objective -- or this tactic or I'm concerned about these things, rather than general comments. So, that would be really helpful as you get your comments in. Keep very specific changes you'd like to see, so I can try to articulate six individuals' comments or four individuals' comments, rather than trying to parse in that formation, so-- Meridian City Council December 22, 2015 Page 36 of 45 De Weerd: By having it on January 12th, however, it -- with Councilman Zaremba being there, it does -- it could fall under old business and work on that. So, I know we will have one of the Council members already sworn in, but this is a big document. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: And I would -- I would suggest that Councilman Rountree, if he has time between now and going to sunny Hawaii, he put his -- enter his thoughts in to Robert also, because he's very experienced and along this deal and the same with Councilman Zaremba, to do the same thing, so -- but I also believe that we need to have the new -- new ones involved, too, because they have got to live under it and adhere to it. Borton: Mayor? De Weerd: Mr. Borton. Borton: I'm hopeful that that time frame works. I -- I don't see how it does. Not to be the wet blanket, but one of the challenges is the Council has never participated in this level of it by design, but the challenge is if we show up and we give a bunch a great input and details of what to drop off and include, we will be here on the 12th, review those, then, the idea would be that we would, then, amend it accordingly, come up to some consensus on what might fall off, what would change, bring it back, and the Council would develop and truly own the plan. That's the missing element. So, to be able to act on the 12th, what's the point of exchanging information? Simison: Madam Mayor, Councilman Borton, I would agree. If you get me your information on the 12th we are -- there is -- you won't take any action on the 12th and Councilman Zaremba may as well not show up. It's going to be a week or two weeks after that. So, you either got to move up your time table for submitting your comments to say January 1, so that they can be reviewed, implement a process, and the document redistributed to you all to review prior to the 12th or we know that it's not going to be fully vetted before a few weeks after that and I would just -- if we are going to engage in new Council, I think you got to push this back beyond that. I mean I'm not going to speak for Councilman Roberts on, but I know she's going to be indisposed for a brief -- doing other things at the start of the year, which is why she can't be here. So, just getting her attention even on this at the appropriate time could be difficult if you're shooting for the 12th for action, to include them having a voting on it with the holidays and everything else. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council December 22, 2015 Page 37 of 45 Bird: I think in my comments was to get it to the 8th and, then, we would discuss it the 12th. I didn't say we would enact upon it. I think that the new people -- I believe the two new people need to have some input in this, too, because they have got four years to work on this and live with it. De Weerd: Mr. Bird, I think when we went through this in -- last May the idea was to have it adopted by the end of the year, knowing that a new Council is drinking out of a fire hose at this point. They will start working with and living with the plan as adopted, but as you see the -- the touch points, as they start getting introduced into it, they are going to start better understanding it. They are going to read this document and say I don't know even where to begin to offer feedback. The goal was to get it in place and have these touch points to reevaluate and I think that's a fairer approach to new Council people coming in is to get their feet under them and then -- so, they will even know what to add to the discussion about the strategic plan. My thoughts. Bird: Well, I don't -- Madam Mayor, I'm sorry. I don't -- I don't disagree with that at all, but I also think that we -- I recall getting these maybe -- help me, Robert. Was it last week? Simison: They were first e-mailed out in like December 4th. De Weerd: No, the first week -- Bird: No. I'd have to go back on my e-mail and -- Simison: The first week in December when they were first e-mailed -- Bird: And, then, you know, getting it -- and, then, the priority list just come out this week. Monday? Simison: Last week. But that was requested information I sent out. Bird: I don't know. I -- I realize back in May we -- we had the thing that said we would get it adopted, but it's -- and I apologize if we got it that early. I didn't think I got it that early. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Is this something we are going to review every six months and just as needed? Is that -- or a year? I thought you said May. Simison: Well, Madam Council, Council Woman Milam, it's -- you will see stuff that will come through the budget process, so -- about that time frame. But as far as -- it would annually come back to the City Council for adjustments. So, you probably wouldn't see it until you adopted it in January -- in January of '17 would be the next time. I don't -- I Meridian City Council December 22, 2015 Page 38 of 45 imagine there will be discussions about certain items throughout the year with Council, either formally or informally, but officially once a year is what the plan is. Milam: But things can change between now and next year; right? Or is this -- I mean this is -- if we adopt everything that happens -- is written in stone, if it starts on the first of the year and we adopt this, there is nothing we can do about it? De Weerd: Oh, absolutely. Milam: What was your comment? What was your answer? Bird: Oh. Madam Mayor, we -- we will have -- we will have final say through the budgetary items. Now, if it -- if we pass something in the budget that already accounts for it, then, we -- we are not going to. But other than that we will have something to -- we will have some counter check balances. Milam: Madam Mayor? So, I guess my -- my point was really to get to -- if we are -- there is a possibility that changes will happen and until we are actually working this and using it, none of us know -- we haven't actually used this. Unless there is something specific that's in the high priorities that's going to start like right away that somebody has a problem with, I don't have a problem approving it and working with it as we go. I think it's going to be one of those things that we are going to have to, obviously, work with and change and adapt as -- as the world turns. De Weerd: It is seeming like a soap opera and that's exactly what it will be. As we approach the -- the budget -- I don't see any reason why having -- adopt this and look at it again before we enter into the budget session, just to -- to touch base. Go on the annual review. But this is new and I -- I think in all of our comfort levels that seems very doable. We need to make sure we are on the same page. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would suggest two things. If -- if you're planning on an annual review, I might suggest timing that review to be in February or March, since it will have some impact on the budget that you will start talking about a month or two later. The other thing is if -- if the current sequence is that we are going to try and get comments into Robert and, then, he's going to assimilate all of those and, then, we are going to have it -- whether I'm here or not, there is going to be a more thorough discussion on January 12th, I would suggest that at that workshop that the committee that has been working on this be there. They have already thought through a lot of this stuff and the comments that we provide I think it would be useful to have their response to say, okay, here is how we got there, to what they have proposed in what we already have, so that the thorough discussion includes the discussion they have already had and I'm just wondering if that's possible, have the committee be part of that workshop. Meridian City Council December 22, 2015 Page 39 of 45 Simison: Madam Mayor, Councilman Zaremba, they are in the room right now, so, yes, they will be present. You know, the subcommittee and the directors is really the people that are there. So, we are only missing two directors from our discussion tonight and if we did it at a workshop Stacy I'm sure could be brought in. But, unfortunately, we won't have a human resources person to speak to some of those components. At least what she was thinking, because they were really driven by Patty. De Weerd: So, we can have -- and Crystal can get the background behind it, so we certainly can have that discussion. The reason it is in January is because it would be prior to the beginning of the budget work, which begins in February. Zaremba: Okay. De Weerd: Okay. So, I guess we would ask you to get your comments to Robert by the end of the year, so we can get that out to you shortly thereafter and put it on the January 12th workshop for old business before the new Council member takes the seat. And in the interim to meet with Ty and Anne to go over how we got to where we are tonight and get the document to them. Because, indeed, it will be something they inherit. Anything further -- Cavener: One thing, Madam Mayor. De Weerd: -- on this topic? Cavener: Sure. Just to wrap this up. De Weerd: Mr. Cavener. Cavener: Madam Mayor. My apologies to staff and to you, Madam Mayor. misunderstood what the goal of tonight's meeting was. Otherwise, I would have brought this to staff's attention beforehand tonight. So, I apologize if I opened up a sour can of soup, but -- De Weerd: It's all about soup. Cavener: You can tell I'm hungry. I skipped dinner. De Weerd: Do you want some of my candy? Cavener: I ate all mine. I'm good. So, my apologies, Robert. I didn't mean to -- and to staff who have worked on this, I didn't do right by you, so I apologize. C. Continued from December 15, 2015: Quarterly Dashboard Discussion Meridian City Council December 22, 2015 Page 40 of 45 De Weerd: Okay. Also continued from December 15th is our quarterly dashboard. This came up as -- I guess in an attempt to try and get Council the kind of information you need to be kept informed about the progress of our departments and where we are in delivering service and some of what is in front of you you already get, but we don't know if the information that we provide is in a friendly format and that you're getting it in the -- the fashion that you would desire to get that information or if we can get it to you in a more effective manner. So, the list that you have in your packet is -- is really a question in regards to each of our departments talked to their liaisons on what kind of information you would want on a quarterly dashboard to keep you informed of certain performance measurements and what you get from your constituents and questions that helps you provide information to be able to respond. So, this was intended as a -- kind of a starting point and, of course, this can also evolve as you get the information you think, yeah, use it or, no, I have never used it and if you don't use this for internal purposes, don't waste your time developing the information, because we just want to get you the kind of information that is helpful for you as you look at policies and make decisions, so -- Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would suggest that there is a very good guideline. I know I have been getting monthly dashboard from the Community Development Department and I find that not only interesting, but very helpful in that that's a good -- a good format and a good set of ideas. De Weerd: Okay. And those were developed through feedback -- well, maybe from just a couple of us, but we don't want to throw a bunch of information out there that takes a lot of staff time to develop -- Zaremba: Yeah. De Weerd: -- that you're not going to use and so our attempt with the list that is in front of you is this is what we have heard from the Council liaisons and what we have also provided or that we have had request for from other citizens, so we would just like your feedback on does this fill the bill? Is it too much? Is it too little? I hope it's not too little, because that's a pretty impressive list, if you ask me. But we want to make it relevant. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: To that point -- and I'm not sure if you're prepared or staff is prepared to articulate the amount of staff hours that will go into creating something like this. De Weerd: As I mentioned, some it is already -- Cavener: Correct. Meridian City Council December 22, 2015 Page 41 of 45 De Weerd: -- used and some -- and it's used internally for -- for operational purposes. Some of it I would imagine any of our directors that know what is in their list, is it going to take additional resources to develop it. I think probably in most cases not. Cavener: Great. De Weerd: It's just compiling it all. Cavener: Follow up, then, Madam Mayor. Thoughts as to why quarterly, as opposed to monthly. De Weerd: Because there is a lot of information and some of it is better annually, if you really want to see progress. So, quarterly gives us also an opportunity to come and actually present it, to talk about any anomalies or variances over-under that are important to call to your attention and, frankly, to have departments stand in front of you to answer questions that you might have as well. Cavener: Sorry. One more, then. It sounds like though they are compiling this information monthly, though, as opposed to quarterly? De Weerd: They are compiling the information. Not necessarily monthly. It depends on what we are talking about. Cavener: Okay. Comment, then. Again, I may be the Ione voice on this -- De Weerd: And I will just also preface it in I ask for a lot of this data quarterly, because that's when we do our dashboards and so we do budget, we do performance measures, and we do dashboards. Cavener: Okay. And I can only recall per the information that I receive, but I do receive it monthly. I appreciate it monthly and, again, I may be the Ione one here, but I would like to see this data monthly and if directors feel the need to provide some context on a quarterly basis, I'm open to that as well. The only addition that I would -- I think would be interesting to see -- and, again, I may be unique is this -- at our -- never mind. It's there. We are good. I didn't see the part of page two, but sports teams and the enrollment. I skipped over those. Milam: Madam Mayor? De Weerd: Yes, Mrs. Milam. Milam: So, my two cents is that I would like to see regardless -- whether it's monthly or quarterly, it is interesting information and I look at it as often as I get it sent to me as comparative. So, whether it's a month -- a month to month or quarter to quarter, this month -- the same quarter last year, that -- to me those are important statistics. I like to Meridian City Council December 22, 2015 Page 42 of 45 see, you know, how -- not only what we did that quarter, that month, but how has that changed, what was it like in the last period, so -- for each thing. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I -- quarterly -- you know, I like it -- I like it monthly with the ones that can and I don't want Bruce to -- because I love -- I love his -- I absolutely love his Community Development dashboard. It is very informative. It's very short. I feel that we get -- that Finance keeps us informed every month with our printouts and stuff that we get and to keep track against -- from year to year, I have always kept records -- in fact, I can probably go home and dig up from about 2005 to 2009 or'11 all the fire quarterlies that we were getting. I know the fire and -- I have never got a quarterly on police and I have figured I didn't need one, but -- De Weerd: Why? Why would you want fire and not police? It blows my mind. Bird: Well, there is -- they are different deals. But anyway -- I just never have got one on police. We have got yearly on it -- on their calls. De Weerd: We read the ValleyTimes and see a lot. Bird: Yeah. And I get all that, so -- but I just think that I want something that tells the stuff and we can keep -- if we will keep it we can compare monthly, quarterly, yearly or whatever, you know, so I think -- I think we got a lot of stuff listed on here that I don't need. De Weerd: Well, I -- what I will do is I -- we will look at what you already get on a monthly basis and see if we can find a better method in getting it -- not individually given to you by different departments, you know, at different times and -- unless you like that. But, again, it's staff time to collect all the information and make sure you get it. But some of it you will just not get monthly. It just takes too much staff resources to pull together, because we don't -- some of that doesn't make sense to -- to pull together on a monthly basis and I will bring you back a proposed example of what you will get and what kind of format. Bruce is not going to change his. Bruce just might put his as part of Finance, so -- they can spend their -- their paper to print it. Any other comments from Council? Milam: We can do it e-mail. Yeah. We don't need it printed. Cavener: You don't need to print it. Item 9: Future Meeting Topics De Weerd: Okay. Thank you. Okay. Anything under future meet topics? Bird: I have none. Meridian City Council December 22, 2015 Page 43 of 45 De Weerd: No? Bird: The two old guys -- De Weerd: Two old guys? Bird: Get us out of here. Rountree: Well, with a parting shot with zero meetings left -- Council meetings. Still have some next week. A moment to thank everybody that's here and everybody that's not here that might be listening -- for their support. Staff, you do a great job and I know you will keep doing it, because you certainly weren't doing it because of me, it's because you do a good job and you have the work ethic to get the goals of the city accomplished. I thank the Council. You have been great to support me the last two years and all of the past years -- I'm only a couple years, a few more, David a few more, and Tammy and Keith a lot more. But continue the professional approach, your heads above water, I will be watching you. De Weerd: You mean you will be watching us online? Rountree: I might. Yeah. Just to see. You never know how things might -- might change. It might be kind of entertaining. I have never done that, so -- but, again, thank you all. I can't say it enough. It's been a tremendous 28 years of involvement, with a short stint in between. I was still involved, but I was not elected nor assigned to anything. But, anyway, I hope you the best for the new year and a Merry Christmas to all. De Weerd: Thank you, Charlie. And I will just say that Charlie mentioned earlier in his comments where -- when he was on City Council he was the instigator in creating the -- the parks commission. Certainly that's where I had an opportunity to first work with both Charlie and Keith and the imprint that Mr. Rountree has had on this community in numerous areas -- I mentioned transportation earlier, but I don't think there is anything in this city that he hasn't had a profound impact on in bringing us to a level of efficiency and service to our citizens that we provide today and I know many of the employees that are sitting in here that knows the contributions run extremely deep. So, Charlie, you will be missed, your years on Planning and Zoning really prepared us to say goodbye to you today in good shape, with capacity, with a growth plan that continues to add new amenities and services to our citizens and help create a community that our citizens are very proud to call home and it hasn't always been that way. We were more of a suburb, even though I threatened to do things to people that called us a suburb. We are a full service city, because of the vision and the insight that you brought to the discussion and your leadership. And, David, I just can't thank you enough for the involvement that -- when you were asked to serve on Planning and Zoning and I think you inserted yourself very aggressively to get put on that. You had some ideas for the city and -- and your ideas really helped develop solid policy and process and clarity, so that when people did come in to develop in this community it wasn't arbitrary, they knew the expectations, they Meridian City Council December 22, 2015 Page 44 of 45 had parameters and they brought quality developments for the most part in it and with both of you we have learned so much along the way, as with never a pause to admit, oh, that decision probably, in hindsight, could have been better. But we always did the best we could with the decisions that -- or with the information that we had. But I know I sat next to Charlie when you said: I'm being grumpy, aren't I? Yeah. But how cool is that? So, you will be missed. We have appreciated your service to our citizens and we are better because of it. So, thank you. Mr. Bird. Bird: I just want to say that, you know, I have had the privilege of serving with a bunch of nice gentlemen and women on this Council and I think you two are probably two of the classiest and fairest people that have ever served here. The thing I have prided the City of Meridian's Council, Mayor, everything, none of us have come on board with a personal agenda. Everything we have done we have done for the benefit of the community -- the whole community as the majority and you two have definitely been the leaders in that. Charlie, I mean we have got a Fuller Park baseball field because of you and four or five other guys that -- that took it upon themselves to get out there and develop that, so our youth could have a place to play baseball and there is other stuff throughout the city that your hands have been -- definitely touched and I just -- I just appreciate it and it's been a real honor for me to serve with you guys and I just -- I can't thank you enough for your service and I know you will be around to help us. Rountree: Thank you, Keith. Cavener: Madam Mayor, if I may? I will try not to get choked up. For me I ran for Council for two reasons and that's to work with the two of you. You're the two reasons. David, you are the art and, Charlie, you were the science of local government and together collectively you have really made Meridian the gold standard for municipal governance across the state and across the county and so thank you -- yes, for everything you have done for our city, like many of you have said today, but for me personally I appreciate your guidance and your apprenticeship and your counsel and I hope that just because you're no longer on the Council -- City Council that I can still count on you for feedback and ideas and questions. Rountree: Can we complain? Cavener: No. No complaints. So, personally thank you for -- for all that you have given to me and for all that you have done for our community. Appreciate it. Rountree: Madam Mayor, with that I move we adjourn. Zaremba: Second. De Weerd: I have a motion and a second to adjourn. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Meridian City Council December 22, 2015 Page 45 of 45 MEETING ADJOURNED AT 8:31 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYO M Y De WEER6 ,__..»..7- DATE APPROVED ATTEST: G � JAYCEE LMAN, CITY CLERK" � �r ��c,t x % lm o TFC Pkv~ Item #7A: Jackson Headquarters Vacation (H-2015-0028) Application(s): ➢ Vacation Property location: The site is located at 3410 and 3500 W. Commercial Court. Summary of Request: The applicant requests to vacate a portion (10' X 135.5') of the 10 -foot wide public utility and drainage easement located on the east boundary of Lot 3, Block 2, and the west boundary of Lot 4, Block 2 that is platted with the Commerce Park Subdivision. The remaining PUDI easement will remain along the shared property line. Approval of the subject vacation application will remove a portion of the PUDI easement and allow the applicant to submit for a building permit to construct an addition to an existing industrial/office building. All public utilities (Idaho Power, Cable One, Intermountain Gas, and Centurylink have given consent to relinquish the noted portion of the easement. As a note, staff has now received updated contact info for all of the utility providers in the valley. This information will be provided to applicants requesting a vacation in an effort to avoid these situations in the future. With the inclusion of the letter from Centurylink stating approval of the easement vacation, staff recommends approval of vacating the easements as proposed. Written Testimony: None Outstanding Issue(s) for City Council: None Notes: Meridian City Council Meeting DATE: December 22,2015 ITEM NUMBER: PROJECT NUMBER: Consent Agenda ITEM TITLE: December 8th City Council Workshop Meeting Minutes Approve Minutes of December 8, 2015 City Council Workshop 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 Workshop December 8, 2015 Page 37 of 37 huge volunteer effort going on with that and, then, Garrett's volleyball fundraisers, which is also a fantastic Christmas event. There is lots going on, of course, this time of year. De Weerd: Yeah. I don't know if all of you know that the tournaments -- the funds that are raised in that always get turned back into the community. In the past it's been in partnership with the Kiwanis and this year with Head Start. So, if any you have free time, they are wrapping and there is a lot of presents to wrap and so kudos to Garrett on that and the Santa's letters -- last year they had 850 letters that were written to the kids that submitted letters to Santa and I imagine because of the -- the popularity last year, the additional questions that parks has received, they will break that record again. So, if you have legible handwriting and would like to -- oh, help Santa, always looking for volunteers to help Santa. Item 8: Future Meeting Topics De Weerd: Okay. Anything for future meeting agenda topics that we haven't already discussed? Okay. I would enter a motion to adjourn. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 5:07 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR TAM , De WEERD ATTEST: CEL.)HOLMAN, CITY CLE 10- / 0&- / 1 DATE APPROVED ,S CDAUt;•�`r 7 l� O� City of Meridian City Council Meeting DATE: December 22, 2015 ITEM NUMBER: 5B PROJECT NUMBER: Consent Agenda ITEM TITLE: Bid and Agreement to GRANITE EXCAVATION, INC Approval of Award of Bid and Agreement to GRANITE EXCAVATION, INC. for the "Ashford Greens Trunk Sewer - Construction" project for a Not -To -Exceed amount of $1,073,850.56 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Garrick Nelson/PM Date: 12/17/2015 Re: December 22"d City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the December 22nd City Council Consent Agenda for Council's consideration. Approval of Award of Bid and Agreement to GRANITE EXCAVATION, INC for the "Ashford Greens Trunk Sewer - Construction" project for a Not -To -Exceed amount of $1,073,850.56. Recommended Council Action: Award of Bid and Approval of Agreement to GRANITE EXCAVATION, INC for the Not -To -Exceed amount of $1,073,850.56. Thank you for your consideration. • Page 1 C E IDIAN Public IDAHO Works Department TO: Keith Watts FROM: Garrick Nelson Staff Engineer DATE: 12/22/15 Mayor Tammy de Weerd City Council Memberjt Charlie Rountree Keith Bird Joe Borton Luke Cavener Genesis Milam David Zaremba SUBJECT: ASHFORD GREENS TRUNK SEWER -- CONSTRUCTION CONTRACT WITH GRANITE EXCAVATION FOR $1,073,850.56. I. DEPARTMENT CONTACT PERSONS Garrick Nelson, Staff Engineer 489-0358 Clint Dolsby, Asst. City Engineer 489-0341 Warren Stewart, City Engineer 489-0350 Tom Barry, PW Director 489-0372 R. DESCRIPTION A. Back round The Ashford Greens lift station was constructed in 1997 and was intended to be a temporary lift station until such time that growth in the area supported construction of a trunk line to the North Black Cat lift station. The Ashford Greens lift station would not meet the current standards for a lift station. It has substandard communication and control equipment, no emergency power supply and poor access to the equipment. Collections and maintenance staff currently access this lift station for routine operation and maintenance by descending down three flights of al uninum ladders into a metal vault two stories underground. This configuration does not meet current confused space regulations. The proposed project will allow us to avoid the cost of upgrading the Ashford Greens lift station communications, control and emergency power equipment by abandoning the lift station. Additionally, this project will help address neighborhood odor complaints by elimination of a drop manhole that has been identified as a source of odors, and reduce ongoing operations and maintenance costs. This project will improve the operation of North Black Cat lift station by sending the flow to this regional lift station currently operating far below its optimum design flow. Page I of 2 B. Proposed Project This project will construct 3,800 linear feet of 18" sewer trunk line in N. Black Cat Road, from the Ashford Greens lift station to the North Black Cat lift station. Connections to the existing Ashford Greens lift station will be rerouted to the new trunk line. An existing pump at the North Black Cat lift station will be replaced with a larger pump to accommodate the additional flow from the new sewer trunk line. Upon completion of the trunk line, the Ashford Greens lift station will be abandoned. III. IMPACT A. Fiscal Impacts Funding is available in the Sewer Trunk Line for Abandonment of Ashford Greens Lift Station enhancement for this construction contract. The value of the contract with Granite Excavation is $1,073,850.56, and the enhancement value is $1,225,000, Project Costs; -- -------------------------- — ----- --------------------------- Fiscal Year 2016 -------------------------------------------------------------------- ---------------------------------- Total Project Cost $1,073,850.56 ------------------------------------------------- Project Funding ---------------------------------------------------------------------------------------------------------- i Fiscal YearAccount Code / Codes ---------------------------------------------------------------------------------- Available Funding 3590-93505 $1,225,000.00 Total Funding Ret�uired $1,073,850.56 ------------------------------------------------------------ B. Time Constraints This project contains a significant project milestone, completing the crossing of the Eight Mile Lateral by March 15, 2016, prior to the start of irrigation season, Construction is anticipated to commence in early January 2016. Approval of this contract in a timely manner will ensure the project remains on schedule. Departmental Approval; a� Page 2 of 2 Date: 11/20/2015 Fund: 60 Department: Construction: X Task Order Project Name: Project Manager: Garrick Nelson Department Representative: Contractor/Consultant/Design Engineer: Budget Available (Attach Report): Will the project cross fiscal years? CONTRACT / AGENDA CHECKLIST REQUESTING DEPARTMENT Public Works 3590 GL Account: 93505 PSA Equipment Ashford Greens Trunk Sewer - Construction Project # 10033.a JUB Engineers Contract Amount: $1,073,850.56 Yes No x Budget Information: FY Budget: FY16 Enhancement #: Grant #: Other: Type of Grant: CONTRACTCHECKLIST BASIS OF AWARD Low Bidder X Highest Rated (Bid Results Attached) YES (Ratings Attached) Typical Award Yes X No If no please state circumstances and conclusion: Debarment Status (Grant/Federal Funded Projects Only) Date Award Posted: December 9, 2015 NA Master Agreement (Category) (Type in date verified and the status) 10 day protest period: December 19, 2015 PW License # c-16550 Expiration Date June 30, 2016 Corporation Status Goodstanding Insurance Certificates Received (Date): December 16, 2015 Expiration Date: April 1, 2016 Rating: A+ Payment and Performance Bonds Received (Date): December 16, 2015 Rating: A+ Builders Risk Ins. Req'd: Yes No If yes, has policy been purchased? (Only applicabale for projects above $1,000,000) Date Submitted to Clerk for Agenda: December 17, 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) V/ J D W w G' W W cn Y z H cn z W W c� N0N L.L. O U. x Q W Q z t� M O O r 06 O r a W m z z O Q 0 m sgng # 3!'1 pua8 p!8 tunpuepp pau6ig O ca z w A i .......... A CONTRACT FOR PUBLIC WORKS CONSTRUCTION ASHFORD GREENS TRUNK SEWER - CONSTRUCTION PROJECT # 10033.A THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 22nd day of December, 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 Granite Excavation, Inc., hereinafter referred to as "CONTRACTOR", whose business address is 23 Warm Lake Hwy, Cascade, ID 83611 and whose Public Works Contractor License # is C -16550 - Unlimited -2-4. INTRODUCTION Whereas, the City has a need for services involving ASHFORD GREENS TRUNK SEWER - CONSTRUCTION; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 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, ASHFORD GREENS TRUNK SEWER - CONSTRUCTION page 1 of 14 Project 10033.A 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 under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not -To -Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $1,073,850.56. 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. ASHFORD GREENS TRUNK SEWER - CONSTRUCTION page 2 of 14 Project 10033.A 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 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: Contractor shall have until March 15, 2016 to complete the Eight Mile Lateral Crossing. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Substantial Completion shall be accomplished within 120 (one hundred twenty) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have 140 (one hundred forty) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. 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. ASHFORD GREENS TRUNK SEWER - CONSTRUCTION page 3 of 14 Project 10033.A 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. 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 ASHFORD GREENS TRUNK SEWER - CONSTRUCTION page 4 of 14 Project 10033.A 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. 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 ASHFORD GREENS TRUNK SEWER - CONSTRUCTION page 5 of 14 Project 10033.A 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 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. ASHFORD GREENS TRUNK SEWER - CONSTRUCTION page 6 of 14 Project 10033.A 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 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. ASHFORD GREENS TRUNK SEWER - CONSTRUCTION page 7 of 14 Project 10033.A 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 representation including letters, words, pictures, sounds or symbols or any combination thereof. 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 ASHFORD GREENS TRUNK SEWER - CONSTRUCTION page 8 of 14 Project 10033.A received independent legal advice from its attorney's or the opportunity to seek such advice. 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. ASHFORD GREENS TRUNK SEWER - CONSTRUCTION page 9 of 14 Project 10033.A 29. Cleanup: 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 Granite Excavation, Inc Purchasing Manager Attn: Josh Davis 33 E Broadway Ave 23 Warm Lake Hwy Meridian, ID 83642 Cascade, ID 83611 208-489-0417 Phone: 208-382-4188 Email: dustyC@graniteexcavation.com Idaho Public Works License #C-16558-Unitd-2-4 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. ASHFORD GREENS TRUNK SEWER - CONSTRUCTION page 10 of 14 Project 10033.A CITY OF MERIDIAN Approved by Council:��` GRANITE EXCAVATION, INC JOSH DAVIS, President Dated: 'y02ATGD AU'. { c A r� /7 City of 0 AYC L. HOLMAN, CITY CL E Q)1A �J SFAL Fir Purchasing Approval F,11epar ent Appro `arxFnsuR� .. BY: BY: KEIT ATTS, Purgj;; Ing Manager W EN STE ART, Engineering Manager Dated:: l�zlf 711e9 Dated:: Project Manager Garrick Nelson ASHFORD GREENS TRUNK SEWER - CONSTRUCTION Project 10033.A page 11 of 14 EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW -1608-10033.A ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -1608-10033.A, are by this reference made a part hereof. SPECIFICATIONS / 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 ISPWC (and any Addendums). See separate attached documents: • PLANS NAME BY JUB Engineers dated 11-20-2015 (22 pages) • OWNER'S REVISIONS TO THE STANDARD SPECIFICATIONS AND SPECIAL PROVISIONS by JUB Engineers dated November 2015 (368 of pages) ASHFORD GREENS TRUNK SEWER - CONSTRUCTION page 12 of 14 Project 10033.A Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $1,073,850.56. � / �f NIILESTOINE DATESISCHEDULE ' Milestone 1 Eight Mile Lateral Crossing March 15, 2016 Milestone 2 Substantial Completion 120 Days from Notice to Proceed Milestone 3 Final Completion 140 Days from Notice to Proceed Contract includes furnishing all labor, materials, equipment, and incidentals as required for the ASHFORD GREENS TRUNK SEWER - CONSTRUCTION per IFB PW -1608-10033.A NOT TO EXCEED CONTRACT TOTAL ....................... $1.073,850.56 Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any additional increases or decreases in work requested by city. The City will pay the contractor based on actual quantities of each item of work in accordance with the contract documents. y ,;.c-... „ ,3'.,' ✓ _ :,rte` -.rr /z" a"'m"u�"r �.`r- "a r' :. �. � ".r- � "fes ar�;,r"."=" `r .3 7 � � � ti mac;-i..2�"7- „--'ter-ter„ .-.• r"�� ate,-r="r '--r r' -"",may rr^�r" r,.c-� �.� Item No. Descri tion Quantit Unii Unit Price 205.4.1.6.1 Dewatering 1 LS $ 1.00 304.4.1.A.1 Trench Foundation Stabilization Material 250 Cy $ 45.13 306.4.1.D.1 Imported Trench Backfill 500 Cy $ 33.14 307.4.1.F.1 Type "P-1" Surface Restoration (Asphalt Roadway) 42 LF $ 149.91 307.4.1.G.1 Type "P-2" Surface Restoration (Asphalt Roadway) 891 Sy $ 38.65 307.4.1.G.3 Type "P-4" Surface Restoration (Asphalt Roadway) 407 Sy $ 65.14 Full Width Surface Restoration Type "P-3" (Asphalt 307.4.1.H.1 Roadway) 7695 Sy $ 40.26 307.4.11.1 Temporary Type "P-2" Surface Restoration (Gravel) 659 LF $ 6.83 307.4.11.3 Temporary Type "P-3" Surface Restoration 2992 LF $ 4.88 Temporary Type "P-2" Surface Restoration (2" Cold 307.4.11.5 Mix) 386 LF $ 21.27 307.4.1.M.1. Asphalt Approach Repair 438 Sy $ 56.77 308.4.1.C.1 Steel Casing Sleeve - 30 -inch 102 LF $ 239.00 Gravity Sewer Pipe - 8" PVC (includes excavation, 501.4.1.6.1 bedding, backfill, etc.) 48 LF $ 76.97 Gravity Sewer Pipe - 10" PVC (includes excavation, 501.4.1.6.1 bedding, backfill, etc.) 9 LF $ 201.00 ASHFORD GREENS TRUNK SEWER - CONSTRUCTION page 13 of 14 Project 10033.A 501.4.1.13.1 Gravity Sewer Pipe - 12" PVC (includes excavation, bedding, backfill, etc.) 42 LF $ 82.27 501.4.1.13.1 Gravity Sewer Pipe -18" PVC (includes excavation, bedding, backfill, etc.) 3816 LF $ 66.12 502.4.1.F. 1 Connect to Existing Manhole 4 EA $ 6,152.00 502.4.1.A.1 Sanitary Sewer Manhole - 48" Type A 1 EA $ 4,239.00 502.4.1.A.1 Sanitary Sewer Manhole - 60" Type B 11 EA $ 7,365.00 504.4.1.E.1 Sewer Service and Marker - 4 inch 65 LF $ 37.69 507.4.11.1 Abandon Existing Sewer In -Place 1 LS $ 5,361.00 507.4.1.M.1 Abandon Manhole 7 EA $ 410.00 601.4.1.13.1 Gravity Irrigation Crossing 3 EA $ 1,140.00 1001.4.1.A.1 Fiber Rolls 5866 LF $ 1.90 1003.4.1.C.1 Silt Fence 1485 LF $ 1.95 1006.4.1.C.1 Inlet Protection 7 EA $ 67.62 1103.4.1.A.1 Construction Traffic Control 1 LS $ 20,825.00 2010.4.1.A.1 Mobilization (5% Max.) 1 LS $ 32,366.00 2020.4.1.F.1 Reference and Reset Monuments 1 EA $ 1,675.00 SP -2102.4.1.A.1 Construction Coordination 1 LS $ 6,755.00 SP -2105.4.1.A.1 Sewage Bypass Systems 1 LS $ 54,500.00 SP-2142.4A.A.1 Remove & Replace Misc. Item - Landscaping Bed 1 EA $ 1,212.00 SP -2142.4.1.B.1 Remove & Reset Misc. Item - Pressure Sewer Clean - out 1 EA $ 3,550.00 SP -2142.4.1.B.1 Remove & Reset Misc. Item - Mailbox 3 EA $ 488.00 SP -2142.4.1.B.1 Remove & Reset Misc. Item - Field Fence (Barbed Wire) 332 LF $ 9.92 SP -2142.4.1.B.1 Remove & Reset Misc. Item - Culvert (12") 80 LF $ 26.00 SP -2142.4.1.C.1 Regrade Field Ditch - Earthen 1125 LF $ 2.00 SP -2155.4.1.A.1 Ashford Greens - Lift Station Abandonment 1 LS $ 11,080.00 SP -2155.4.1.8.1 Ashford Greens - Dual Pressure Sewer Decommission 1 LS $ 3,930.00 SP -2155.4.1.C.1 Ashford Greens - Pressure Sewer Abandonment (Pump -out Vault) 1 EA $ 557.00 SP -2155.4.1.D.1 Ashford Greens - Pressure Sewer Abandonment (Air Valve Vault) 2 EA $ 467.00 SP -2155.4.1.E.1 Ashford Greens - Pressure Sewer Abandonment (Receiving Manhole) 1 LS $ 869.00 SP -2155.4.1.F.1 Ashford Greens - Outfall SSMH 1-8-39 Modifications 1 LS $ 1,340.00 SP -2216.4.1.A.1 Stormwater Management 1 LS $ 5,550.00 SP -2222.4.1.A.1 IPCO Power Pole Support 1 EA $ 1,400.00 SP -2225.4.1.A.1 Remove and Replace 6'x3' Pre -Cast Box Culvert 1 LS $ 13,515.00 SP -2225.4.1.8.1 6'x3' Pre -Cast Concrete Culvert Material Allowance 1 N.A. $ 10,000.00 SP -2230.4.1.A.1 I NBCLS Pump No.3 Replacement 1 LS $ 13,500.00 ASHFORD GREENS TRUNK SEWER - CONSTRUCTION page 14 of 14 Project 10033.A Q ow a� as ow a4 N. ap aw P ow oa 4paP m 0 0 0 0 0 0 0 0 0 0 o rn m O O O O O O O O O O O M M M 44 b� . p G O O O O O O O O O O O 00mm co 4J 4) m G b, •,i U a >~ 31 Q N a) 7 W O H O[) to O O O N N N N O O O O r r N O O O r 0 O O T G O O O o NIn r M r O of M M M +) o r N o o in Ln c o .-� m o m r a1 C. 0 0 N O N dl M lD r O OJ M M M •p ro O 11 O\ Un N Q' l0 V' O N rl H rl N N •..• �• � . rl � � � m m 0 0 O O .--1 du N y4 o 0 0 o r r N O o O O r r r ro a) O O O O N r M r O O ro >i 0 r u7 o to u) )n V' M cq M m M N o N N rn N U G 41 u1 mV' .-i V' �O <t' l0 �O U N N (q N N m N U d' O O O O O O O O O N l0 l0 �D x m o 0 0 0 0 0 0 0 0 o r r r r O o 0 0 0 0 0 o m m rn m •� G o 0 0 � � �i .-i CD O o ro w m ro + C N O N r r r al G Ln N to �o cr G S4 44 V) Si N O a) Si V) Q OI ro X4C. N N V) a) 25, m N IP 4) X G +3 3 ro U G Vl N b) N 3 a) O G ° p G si G 3 a U 'U •o .� G v 10 ro a w• G ro >, v v m �q Un H X (U O 4) si -H r G b, 4Jm n G +) O 4J O U !)'. •f1 1J u a) X to u, 'O O -Hro -4 V) Un N Si .-i V) a) > G •.i a O U V) V) U m U) G G N G N rl N (Q $ m •H G7: rl 4J O o li 0 V) P a) G E ro 'O X X •ri X •.i O N a) N 1� H Q U X LL H Q a) ,� N ro Un U) W U U E •.1 ro E Si (D }-I C7 1 U a) 5-.' I X U U -.i H +� I � M rn -15 3 W a+ P N +) -1 O U a) C G a) E G U +) 1-1 ro >r , N4 R' Q H rt G W U W U G O G b, .� a) a) •.i Cul > U Un H o a H rl "� 7•U 34 •rl >4 •ri •-i •.i > H 4J � Q +) W U Fi Q 0 "q a41 � fi a) .>~ N 4- Qa) V) O rl 44 a O V) W N X � O p V) Q'Q P •rl Q ri X a) U N < V) Q >+ S4 Q z Z WWX O N G 3 � S P G G R x •l ro Si N W O a) U) U) O oo U N H FC W w 1 ) l) H + " .G aW Un W H W W W ro w o U q H ' Si4 ro 3 14 T A N 0 4 N to m l0 m M O M O �9 M r M M H N H Si O to Un O O O O O O O N M O O N rl N rl ri r'i ri U Q eTRAKiT Page 1 of 1 Home I Setup an Account I Log In Contraclor� V Username Password LOGIN ❑ REMEMBER ME Forgot Password Permits Apply Search Pay Fees Licenses Search Trade Licenses Search Public Works Inspections Schedule Cancel Elevators Search Elevators Violations Search Shopping Cart Pay All Fees Contact Contact us Public Works Search p, Search Again Download Results Printable View First, (Prevj Page: 1 of 1 INext; Pro Details - License Number: PWC -C-16558 Lic Info IFFees $3,450.b0 Registration #: PWC -C-16558 Issue: 6/24/2015 Expire: 6/30/2016 Type: PUBLIC WORKS Sub -Type: UNLIMITED Status: ACTIVE Company: Granite Excavation, Inc. Phone: (208) 382-4188 Cell: (208) 630-4090 Pager: Fax: (208) 382-4189 Owner Name: Linked Activities: Sub Case(s): ELE1210-0061 NOV PAID 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 Watertower St, Suite 150 Meridian ID 83642 HOME I CONTACT https://web.dbs.idaho.gov/eTRAKiT3/Custom/ldaho PublicWorksSearchRslts.aspx 12/16/2015 IDSOS Viewing Business Entity Page 1 of 2 IDAHO SECRETARY OF STATE Viewing Business Entity Lawerence Denney, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for GRANITE EXCAVATION INC. ] [ Monitor GRANITE EXCAVATION, INC. business filings ] GRANITE EXCAVATION, INC. 23 WARM LAKE HWY CASCADE, ID 83611 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING State of Origin: IDAHO Date of 28 Apr 2004 Origination/Authorization: Initial Registered Agent: YVETTE DAVIS 19 WARM LAKE HWY CASCADE, ID 83611 Organizational ID / Filing C154412 Number: Number of Authorized Stock 1000 Shares: Date of Last Annual Report: 18 Feb 2015 Annual Report Due: Apr 2016 =. Filed 28 Apr 2004 INCORPORATION I Report for year 2015 ANNUAL REPORT Report for year 2014 ANNUAL REPORT Report for year 2013 ANNUAL REPORT Report for year 2012 ANNUAL REPORT Report for year 2011 ANNUAL REPORT Report for year 2010 ANNUAL REPORT Report for year 2009 ANNUAL REPORT Report for year 2008 ANNUAL REPORT Report for year 2007 ANNUAL REPORT Report for year 2006 ANNUAL REPORT Report for year 2005 [ Help Me Print/View TIFF ] View Image (PDF format) View Image(TIFF format) [ Help Me Print/View TIFF ] View Document Online View Document Online View Document Online View Document Online View Document Online View Document Online View Document Online View Document Online View Image PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) http://www.accessidaho.org/public/sos/corp/C 154412.htm1 12/8/2015 Bond No. BD741836 RF -CE- v ,C 1 015 Document A312 TM -2010 FINANCE DEPT Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: SURETY: (eVaure, legal status and address) (Alain, legal statts and principal place of brtstness) Granite Excavation, Inc. Nationwide Mutual Insurance Company 23 Warm Lake Highway One West Nationwide Blvd., 1-04-701 This document has important legal Columbus OH p g Cascade (D 83611 43215.2220 consequences, ltConsultation With Mailing Address for Notices y Is encouraged with respect to its completion or modification. OWNER: Any singular reference to (Maine, legal status and address) Contractor, Surely, Owner or Cit of Meridian Y other party shall be considered plural where applicable. 33 E Broadway Ave. Meridian ID 83642 CONSTRUCTION CONTRACT Date: December 22, 2015 Amount: S 1,073,850.56 One Million Seventy Three Thousand Eight Hundred Fifty Dollars and 56/100 Description: (Name and location) Ashford Greens Trunk Sewer Construction Project # 10033.A BOND Date: December 22, 2015 (Not earlier than Construction Contract Date) Amount: $ 1,073,850.56 One Million Seventy Three Thousand Eight Hundred Fifty Dollars and 56/100 Modifications to this Bond: M None ❑ Sec Section 16 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Granite Excavation, Inc. Signature: Name and Title:�-�— (any additional signatures appear on the last page of this Peiyonnance Bond.) (FOR INFO&VA7ION ONLY --Name, address and telephone) SURETY Company: (Cou porate Seal) Nationwide Mutual Insurance Company r- Signature: ( Name Ell bet A Schneider and Title: Attorney -in -Fact AGENT or BROKER: OWNER'S REPRESENTATIVE: Moreton & Company (architect, Engineer orotherporty.) 12639 West Explorer Dr., Suite 200 Boise ID 83713 208-321-9300 8-1 862/AS 8110 § 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 I tate 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 arty person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform Its obligations under this Bond, whichever occurs first. if the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been famished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so famished, the intent is that this Bond shall be construed as a statutory bond and not as a common luw 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. § 14.6 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. 8-1852/ASB/10 Bond No. BD741836 Payment Bond CONTRACTOR: (Vance, legal statrts and address) Granite Excavation, Inc. 23 Warm Lake Highway Cascade ID OWNER: (Marne, legal status and address) City of Meridian 33 E Broadway Ave. Meridian ID Document A312 TM -2010 Conforms with The American Institute of Architects AIA Document 312 SURETY: (Nance, legal status and principal place of business) Nationwide Mutual Insurance Company One West Nationwide Blvd., 1-04-701 This document has Important legal Columbus OH 43215.2220 consequences. Consultation with 83611 Malling Address for Notices an attorney Is encouraged with respect to its completion or modificatlbn. Any singular reference to Contractor, Surely, Owner or other party shall be considered plural where applicable. 83642 CONSTRUCTION CONTRACT Date: December 22, 2015 Amount: $1,073,850.56 One Million Seventy Three Thousand Eight Hundred Fifty Dollars and 56/100 Description: (Nacre and location) Ashford Greens Trunk Sewer Construction Project # 10033.A BOND Aute: December 22, 2015 (Not earlier than Construction Contract Date) Amount: $1,073,850.56 One Million Seventy Three Thousand Eight Hundred Fifty Dollars and 56/100 Modifications to this Bond: 0 None E] See Section 18 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Granite Excavation, Inc. Signature. Name and SURETY Company: (Corporate Seal) Nationwide Mutual Insurance Company 1/ Signature: A/)} Y Namo Eli et A Schneider and Title: Attorney -in -Fact (Airy additional signatures appear on the last page of thisPayment Bond.) (FOR INFORbIATION ONLY — Aranre, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Moreton & Company (Architect, Engineer orotherparty:) 12639 West Explorer Dr., Suite 200 Boise ID 83713 208-321-9300 8-21491AS 8110 § 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 obGgatlon 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 cdinpetent 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 S. 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 f miisbcd, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 16 Upon request by any person or entity appearing to be a potential beneficiary ofthis 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 orpurchase 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; .6 the date on which the Claimant last perforated 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; .i 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 mcchanids 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 whore 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-21491AS 8110 KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation Farmland Mutual Insurance Company, an Iowa corporation Nationwide Agribusiness Insurance Company, an Iowa corporation Power of Attorney AMCO Insurance Company, an Iowa corporation Allied Property and Casualty Insurance Company, an Iowa corporation Depositors Insurance Company, an Iowa corporation hereinafter referred to severally as the "Company" and collectively as the "Companies," each does hereby make, constitute and appoint: Elizabeth A. Schneider each in their individual capacity, Its true and lawful attomey-In-fact, with full power and authority to sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory Instruments of similar nature, in penalties not exceeding the sum of ONE MILLION FIVE HUNDRED THOUSAND AND NO/100 DOLLARS $1,500,000.00 and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -In -fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of Indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatoryin nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointment or authority; provided, however, thatthe authority granted herebyshall In no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company." "RESOLVED FURTHER, that such attomeys-in-fact shall have full power and authority to execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Company thereto; provided, however, that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, orolher papers in connection with the operation of the business of the company in addition to the chairman of the board, the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them may be printed, engraved, or stamped an any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this Instrument to be sealed and duly attested by the signature of Its officer the 131i day of February, 2014 . ��W- 49�- ®®®4® / ®a!'°�w,�`°e+ ,, Terrance Williams, President and Chief Operating Officer of Nationwide Agribusiness Insurance Company /,;SEAL:; / :' /,••SEAL;4 and Farmland Mutual Insurance Company; and Vice President of Nationwide Mutual Insurance Company, AMCO Insurance Company, Allied Property and Casualty Insurance Company, and Depositors Insurance `v® Company _ ACKNOWLEDGMENT 104. -MAS; µ® STATE OF IOWA, COUNTY OF POLK: ss �0""'r / : � r �� On this t day of February, 2014, before me came the above-named officer for the Companies aforesaid, to /;:•SEAL;,?SEALS me personally known to be the officer described in and who executed the preceding instrument, and he � '•.. ........ Ar :;® acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the officer of the Companies aforesaid, that the seals affixed hereto are the corporate seals of said Companies, and the said corporate seals and his signature were duly affixed and subscribed to said instrument by the authority and ®®y,�,' direction of said Companies, CSC AWwr ?i' SandyAlttziYt�1/ SEAL;-� (SEAL; ® Notarial Seal -Iowa [� Comwtaston Number 152785 Nota Public +' •.+/ My Commt sion Expires March, 24, 2017 Notary �a`yadisr� O`er® My Commission Expires CERTIFICATE March 24, 2017 I, Robert W Horner III, Secretary of the Companies, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution Included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Terrance Williams was on the date of the execution of the foregoing power of attorney the duly elected officer of the Companies, and the corporate seals and his signature as officer were duly affixed and subscribed to the said instrument bythe authorityof said board of directors; and the foregoing power of attorney is still In full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the corporate seals of said Companies this act day 20 P5 Secretary This Power of Attorney Expires March 24, 2017 BDJ 1(03-14) 00 Client#: 7880 GRANITEEXC ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDNYYY) F TYPE OF INSURANCE 12/14/2015 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 Moreton & Company - Idaho R2N�� C F I V E D Box 191030E I Boise, ID 83719schneider@moreton.Com DEC� u ���5 CO T CT Liz Schneider NAME: (P pNE208 321-9300 FAX 208-321-0101 NC Ext : A/C NoP.O. -MAIL IL ADDRESS: GENERAL LIABILITY 208 321-9300 INSURER(S) AFFORDING COVERAGE NAIC N INSURER A: Cincinnati Insurance Company .(- 10677 INSURED �`��;—��-- Granite Excavation Inc INSURER B; Alaska National Insurance Co. 38733 INSURER C: 23 Warm Lake Highway Cascade, ID 83611 INSURER 13: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: ncvlcrnKI nulaaticC. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ggEXCLUSIONS IMR TYPE OF INSURANCE ADDL SR SUBR WVD _POLICY NUMBER POLICcY EFF MM/D0lYYYY POLICY EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY X EPP0254251 6/09/2015 06/09/2016 EEACMHp�OECCCURRRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE aOCCUR _ PAEMISES E Ecca occurrence) $500 000 MED EXP (Anyone person) $10000 X Pb ped:2,500 PERSONAL & ADV INJURY S1.000.000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO- LOC PRODUCTS • COMP/OP AGG $2,000,000 $ A AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOSX NON•OWNED AUTOS EBA0254251 6/09/2015 0 6/0 9/2 016 Ea aacld.11 .,) SINGLE LIMIT 51,000,000 BODILY INJURY (Per person) $ BODILY INJURY Per accident $ ( ) PROPERTY DAMAGE Per accident $ $ A X UMBRELLA LIAR X OCCUR EPP0254251 6/09/2015 06/09/2016 EACH OCCURRENCE s4,000,000 EXCESS LIAR CLAIMS -MADE AGGREGATE s4,000,000 DED I I RETENTIONS $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITYTORY OFFICER%MEMBER EXCLUDED? ECUTIVE[] N / A 15DWSi0081 4/01/2015 04/01/201 WC STATU- 0TH• x E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE. EA EMPLOYEE $1,000,000 (Mandatory In NH) If es, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Re: Ashford Greens Trunk Sewer Certificate holder is included as additional insured as required to add by reason of written contract or agreement, insurance is primary City of Meridian its elected SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN officials, officers, employees, ACCORDANCE WITH THE POLICY PROVISIONS. agents, volunteers 33 E Broadway Ave. AUTHORIZED REPRESENTATIVE Meridian, ID 83642 © 1988-2010 ACORD CORPORATION_ All rinhfa ragaruarl ACORD 25 (2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S773544/M725191 ELISC THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement -Table of Contents: Coverage: Begins on Page: 1. Employee Benefit Liability Coverage ........................................................................................... 2 2. Unintentional Failure to Disclose Hazards.......................................................................................... 7 3. Damage to Premises Rented to You................................................................................................... 8 4. Supplementary Payments................................................................................................................... 9 5. Medical Payments. ......... .............. ... .... ..................................... ..... ....... ..... .......................................... 9 6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.)............................................................................................ ........... .. 9 7. 180 Day Coverage for Newly Formed or Acquired Organizations..................................................10 a. Waiver of Subrogation.......................................................................................................................10 9. Automatic Additional Insured - Specified Relationships: ................................................................ 10 • Managers or Lessors of Premises; a Lessor of Leased Equipment; Vendors; a State or Political Subdivisions - Permits Relating to Premises; • State or Political Subdivisions - Permits; and e Contractors' Operations 10. Broadened Contractual Liability - Work Within 50' of Railroad Property.........................................14 11. Property Damage to Borrowed Equipment. ....................................................................14 12. Employees as Insureds - Specified Health Care Services: ............................................................14 • Nurses; Emergency Medical Technicians; and Paramedics 13. Broadened Notice of Occurrence...................................................................................................... 14 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000 Deductible: $ 1,000 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown in the Declarations; or b. $500,000 unless otherwise stated $ 4. Supplementary Payments a. Bail bonds: $ 1,000 b. Loss of earnings: $ 350 5. Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 1 of 15 6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.) Limits of Insurance (Each Occurrence) Coverage a. $1,000 Coverage b. $5,000 unless otherwise stated $ Deductibles (Each Occurrence) Coverage a. $250 Coverage b. $250 unless otherwise stated $ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM plicable limit of insur- ance in the payment of (a) Area (For Limits in Excess of (b) Payroll (For Limits in Excess of - COVERAGES: Employee Benefit (c) Gross Sales $5,000) $5,000) No other obligation or liabii- d) Units ity to pay sums or perform e Other (a) We will pay those sums that b. Care, Custody the insured becomes legally under Supplementary Pay - or Control ments. $ TOTAL ANNUAL PREMIUM $ 11. Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductible: $ 250 C. Coverages; have used up the ap- Employee Benefit Liability Coverage plicable limit of insur- ance in the payment of a. The following is added to SECTION I judgments or settle- - COVERAGES: Employee Benefit ments. Liability Coverage. No other obligation or liabii- (1) Insuring Agreement ity to pay sums or perform acts or services is covered (a) We will pay those sums that unless explicitly provided for the insured becomes legally under Supplementary Pay - obligated to pay as dam- ments. ages caused by any act, er- ror b or omission of the in- () This Insurance applies to PP sured, or of any other per- damages only if the act, er- son for whose acts the in- ror or omission, is negli- sured is legally liable, to gently committed in the which this insurance ap- "administration" of your plies. We will have the right "employee benefit pro - and duty to defend the in- gram"; and sured against any "suit" seeking those damages. 1) Occurs during the pol- However, we will have no icy period; or duty to defend against any 2) Occurred prior to the "suit" seeking damages to effective date of this which this Insurance does endorsement provided: not apply, We may, at our discretion, investigate any a) You did not have report of an act, error or knowledge a omission and settle any claim or su t'f o claim or "suit" that may re- or before the ef- sult. But: fective date of this endorsement, 1) The amount we will pay for damages is limited You will be as described in SEC- deemed to have TION III - LIMITS OF knowledge of a INSURANCE; and claim or "suit" when any 2) Our right and duty to "authorized repre- defend ends when we sentative' Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 2 of 15 Damages arising out of fail- i) Reports all, or formance of investment Taxes, fines or penalties, any part, of the vehicles; or (d) Insufficiency of Funds act, error or omission to us 3 ) Advice given to an Code or any similar state or any erson ith respect to other insufficiency of funds to meet any obligations under In Insurer; that person's decision Practices "employee benefit pro- to participate or not to gram , ii) Receives a participate in any Plan (1) Refusal to employ; written or ver- included in the ' em- vice Given With Respect bal demand or ployee benefit pro- ployment; claim for dam- gram". 1) Failure of any invest- ages because of the act, er- WorkersCompensation (f)' p mation, harassment, ror or omis. and Similar Laws formation on past per- sion; and Any claim arising out of b) There is no other your failure to comply with applicable insur- the mandatory provisions of ance, any workers' compensation, unemployment compensa- (2) Exclusions tion insurance, social secu- This insurance does not apply rity or disabillty benefits law or any similar law. to: (a) Bodily Injury, Property (g) ERiSA Damage or Personal and Damages for which any in - Advertising Injury sured is liable because of "Bodily injury", "property (liability imposed ed on a Employeeduci- Re- Re - damage" of "personal and advertising injury". tirement Incomecurity Act of 1974, as now or (b) Dishonest, Fraudulent, hereafter amended, or by Criminal or Malicious Act any similar federal, state or local laws. Damages arising out of any intentional, dishonest, (h) Available Benefits fraudulent, criminal or mali- Any claim for benefits to the cious act, error or omission, extent that such benefits committed by any insured, including the willful or reck- are available, with reason - less violation of any statute. able effort and cooperation of the insured, from the ap- (c) Failure to Perform a Con- plicable funds accrued or tract other collectible insurance. Damages arising out of fail- (1) Taxes, Fines or Penalties ure of performance of con- Taxes, fines or penalties, tract by any insurer. including those imposed (d) Insufficiency of Funds under the Intemal Revenue Code or any similar state or Damages arising out of an local law. insufficiency of funds to meet any obligations under (1) Employment -Related any plan included in the Practices "employee benefit pro- Any liability arising out of gram , any: (e) Inadequacy of Perform- (1) Refusal to employ; ance of Investment / Ad- vice Given With Respect (2) Termination of em - to Participation ployment; Any claim based upon: (3) Coercion, demotion, 1) Failure of any invest- evaluation, reasslgn- ment, discipline, defa- mation, harassment, 2) Errors in providing in- humiliation, discrimina- formation on past per- tion or other employ - Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 3 of 15 ment-related practices, acts or omissions; or (4) Consequential liability as a result of (1), (2) or (3) above. This exclusion applies whether the Insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. (3) Supplementary Payments SECTION I - COVERAGES, SUPPLEMENTARY PAY- MENTS - COVERAGES A AND 13 also apply to this Coverage. b. Who is an Insured As respects Employee Benefit Liabil- ity Coverage, SECTION If - WHO IS AN INSURED is deleted in its en- tirety and replaced -by the following: (1) if you are designated in the Declarations as: (a) An individual, you and your spouse are insureds, but only with respect to the conduct of a business of which you are the sole owner. (b) A partnership or joint ven- ture, you are an insured. Your members, your part- ners, and their spouses are also insureds but only with respect to the conduct of your business, (c) A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are in- sureds, but only with re- spect to their duties as your managers. (d) An organization other than a partnership, joint venture or limited liability company, you are an insured. Your you officers" and di- rectors are insureds, but only with respect to their duties as your officers or di- rectors. Your stockholders are also insureds, but only with respect to their liability as stockholders. (e) A trust, you are an insured. Your trustees are also in- sureds, but only with re- spect to their duties as trustees. (2) Each of the following is also an insured: (a) Each of your "employees" who is or was authorized to administer your "employee benefit program", (b) Any persons, organizations or "employees" having proper temporary authori- zation to administer your "employee benefit program" If you die, but only until your legal representative is ap- pointed, (c) Your legal representative if you die, but only with re- spect to duties as such. That representative will have all your rights and du- ties under this Coverage Part. (3) Any organization you newly ac- quire or form, other than a part- nership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if no other similar insurance applies to that organization. However, cover- age under this provision: (a) Is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; and (b) Does not apply to any act, error or omission that was committed before you ac- quired or formed the or- ganization. c. Limits of Insurance As respects Employee Benefit Liabil- ity Coverage, SECTION 111 - LIMITS OF INSURANCE is deleted in its en- tirety and replaced by the following: (1) The Limits of Insurance shown in Section B. Limits of Insur- ance, 1. Employee Benefit Li- ability Coverage and the rules below fix the most we will pay regardless of the number of: (a) Insureds; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 4 of 15 (b) Claims made or "suits" (b) The deductible amount brought; stated in the Declarations applies to all damages c Persons or organizations () g sustained by any oneem- aking claims or bringing "msuits"; ployee", including such 'employee's" dependents (d) Acts, errors or omissions; or and beneficiaries, because of all acts, errors or omis- (e) Benefits included in your sions to which this insur- "employee benefit pro- ance applies. gram". (c) The terms of this insurance, (2) The Aggregate Limit shown in including those with respect Section B. Limits of Insurance, to: 1. Employee Benefit Liability Coverage of this endorsement 1) Our right and duty to is the most we will pay for all defend the insured against any . "suits" damages because of acts, er- rors or omissions negligently seeking those dam - committed in the "administra- ages; and tion" of your "employee benefit 2) Your duties, and the program'. duties of any other in - (3) "Subject to the limit described in volved Insured, in the (2) above, the Each Employee event of an act, error or Limit shown in Section B. Limits omission, or claim, of insurance, 1. Employee apply irrespective of the Benefit Liability Coverage of application of the deductible this endorsement is the most we amount. will pay for all damages sus- tained by any one "employee", (d) We may pay any part or all including damages sustained by of the deductible amount to such "employee's" dependents effect settlement of any and beneficiaries, as a result of: claim or "suit" and, upon notification of the action (a) An act, error or omission; or taken, you shall promptly (b) A series of related acts, er- reimburse us for such part rors or omissions, regard- of the deductible amount as less of the amount of time we have paid. that lapses between such d. Additional Conditions acts, errors or omissions, negligentlycommitted in the As respects Employee Benefit Li- ability Coverage, SECTION IV - lt administration of your em- COMMERCIAL GENERAL LiABIL- ployee benefit program". ITY CONDITIONS is amended as However, the amount paid un- follows: der this endorsement shall not (1) Item 2. Duties in the Event of exceed, and will be subject to Occurrence, Offense, Claim or the limits and restrictions that Suit is deleted in its entirety and apply to the payment of benefits replaced by the following: in any plan Included in the em- ployee benefit program". 2. Duties in the Event of an Act, Error or (4) Deductible Amount Omission, or Claim or Suit a, You must see to it that we are noti- (a) Our obligation to pay dam- fied as soon as practicable of an act, ages on behalf of the In- error or omission which may result in sured applies only to the a claim. To the extent possible, no - amount of damages in ex- tice should include: cess of the deductible amount stated in the Decia- (1) What the act, error or omission rations as applicable to was and when it occurred; and Each Employee. The limits of insurance shall not be (2) The names and addresses of reduced by the amount of anyone who may suffer dam - this deductible. ages as a result of the act, error or omission. Includes copyrighted material of insurance GA 233 02 07 Services Office, Inc., with its permission. Page 5 of 15 b. If a claim is made or "suit" is brought b. Method of Sharing against any insured, you must: If all of the other insur- (1) Immediately record the specifics ance permits contribu- of the claim or "suit" and the tion by equal shares, date received; and we will follow this (2) Notify us as soon as practicable, method also. Underthis approach each in - You must see to it that we receive surer contributes equal written notice of the claim or "suit" as amounts until it has soon as practicable, paid its applicable limit of insurance or none of c. You and any other involved insured the loss remains, must: whichever comes first, (1) Immediately send us copies of if any of the other in - any demands, notices, sum- surance does not per- monses or legal papers re- mit contribution by ceived in connection with the equal shares, we will claim or "suit"; contribute by limits. (2) Authorize us to obtain records Under this method, each insurer's share is and other information; based on the ratio of its (3) Cooperate with us in the investi- applicable limit of in- gation or settlement of the claim surance to the total ap- or defense against the "suit"; plicable limits of insur- and ance of all insurers, (4) Assist us, upon our request, In c. No Coverage the enforcement of any right This insurance shall not against any person or organiza- cover any loss for tion which may be liable to the which the insured is insured because of an act, error entitled to recovery un - or omission to which this Insur- der any other insur- ance may also apply, ance in force previous d. No insured will, except at that in- to the effective date of sured's own cost, voluntarily make a this Coverage Part, payment, assume any obligation, or e. Additional Definitions incur any expense without our con- sent, As respects Employee Benefit Li. (2) Item 5. Other Insurance is de- ability Coverage, SECTION V - DEFINITIONS is amended as fol- leted in its entirety and replaced lows: by the following: 5. Other Insurance (1) The following definitions are added: If other valid and collectible 1. "Administration" means: insurance is available to the insured for a loss we cover a. Providing information to under this Coverage Part, "employees", including our obligations are limited their dependents and as follows: beneficiaries, with re- a. Primary Insurance spect to eligibility for or scope of "employee This insurance is pri- benefit programs"; maryexcept when c, b. Interpreting the "em - below applies, If this ployee benefit pro - insurance is primary, grams" our obligations are not affected unless any of c. Handling records in the other insurance is connection with the also primary. Then, we "employee benefit pro - will share with all that grams'; or other insurance by the method described in b, g, continuing d, Effectin c g or below, terminating any "em- ployee's" participation Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc,, with its permission, Page 6 of 15 In any benefit included benefits, workers' com- in the "employee bene-pensation and disability fit program", benefits; and However, "administration" d. Vacation plans, includ- does not include: ing buy and sell pro - a. Handling payroll de- rams; leave of b- sence programs, in- ductions; or cluding military, mater - b, The failure to effect or nity, family, and civil leave; tuition assis- maintain any insurance or adequate limits of tance plans, transpor- coverage of insurance, tation and health club subsidies. Including but not limited to unemployment In- (2) The following definitions are surance, social security deleted In their entirety and re - benefits, workers' com- placed by the following: pensation and disability benefits, 21. "Suit" means a civil pro- 2, "Cafeteria P ceeding in which money damages because of an plan authorized by applica- act, error or omission to ble law to allow "employ- which this insurance applies ees to elect to pay for cer- are alleged. "Suit" includes: tain benefits with pre-tax dollars, a. An arbitration pro- ceeding in which such 3. "Employee benefit Pro- damages are claimed grams" means a program and to which the in - providing some or all of the sured must submit or following benefits to "em- does submit with our ployees", whether provided consent; through a "cafeteria plan" or otherwise: b. Any other alternative a. Group life Insurance; dispute resolution pro - ceeding in which such group accident or damages are claimed health insurance; den- and to which the In- tal, vision and hearing sured submits with our plans; and flexible consent; or spending accounts; provided that no one c. An appeal of a civil other than an "em- proceeding. ployee" may subscribe to such benefits and 8. "Employee" means a per - such benefits are made son actively employed, for - generally available to merly employed, on leave those "employees" who satisfy the plan's eligi- of absence or disabled, or retired. "Employee" in- bility requirements; cludes a "leased worker". "Employee" does not in - b. Profit sharing plans, clude a "temporary worker", employee savings plans, employee stock 2, Unintentional Failure to Disclose Haz• ownership plans, pen- ards slon plans and stock SECTION IV - COMMERCIAL GENERAL subscription plans, that no one LIABILITY CONDITIONS, 7. Represen- provided than an em- tations is hereby amended by the addi- other ployee" may subscribe tion of the following: to such benefits and such benefits are made Based on our dependence upon your representations as to existing hazards, If generally available to unintentionally you should fail to disclose all "employees" who all such hazards at the inception date of are eligible under the your policy, we will not reject coverage plan for such benefits; under this Coverage Part based solely on c. Unemployment insur- such failure, ance, social security Includes copyrighted material of insurance GA 233 02 07 Services Office, Inc„ with its permission. Page 7 of 15 3. Damage to Premises Rented to You e) Settling, cracking, a. The last Subparagraph of Paragraph shrinking or ex - 2. SECTION I - COVERAGES, pansion; or COVERAGE A. - BODILY INJURY f) Nesting or infesta- AND PROPERTY DAMAGE, 2. LI- tion, or discharge ABILITY Exclusions is hereby de- or release of leted and replaced by the following: waste products or Exclusions c. through q, do not apply secretions, by in- sects, birds, ro- to damage by fire, explosion, light- dents or other ning, smoke or soot to premises animals. while rented to you or temporarily occupied by you with permission of (b) Loss caused directly or indi- the owner, rectly by any of the follow - b, The insurance provided under SEC- ing: TION I - COVERAGES, COVERAGE 1) Earthquake, volcanic A. BODILY INJURY AND PROP- eruption, landslide or ERTY DAMAGE LIABILITY applies any other earth move - to "property damage" arising out of ment; water damage to premises that are both rented to and occupied by you. 2 Water that backs u or ) p overflows from a (1) As respects Water Damage Le- sewer, drain or sump; gal Liability, as provided in Paragraph 3.b. above: 3) Water under the The exclusions under SECTION ground surface press - ing on, or flowing or I - COVERAGES, COVERAGE seeping through: A. BODILY INJURY AND PROPERTY DAMAGE LIABIL- a) Foundations, ITY, 2. Exclusions, other than 1. walls, floors or War and the Nuclear Energy paved surfaces; Liability Exclusion, are deleted and the following are added: b) Basements, whether paved or This insurance does not apply not; or to: c) Doors, windows or (a) "Property damage": other openings. 1) Assumed in any con- (c) Loss orresultinleaksg o tract; or from watercaused that flows from plumbing, heat - 2) Loss caused by or re- ing, air conditioning, or fire suiting from any of the protection systems caused following: by or resulting from freez- a) Wear and tear; ing, unless: b) Rust, corrosion, 1) You did your best to maintain heat In the fungus, decay, deterioration, hid - building or structure; or den or latent de- 2) You drained the fect or any quality equipment and shut off In property that the water supply if the causes it to dam- heat was not main - age or destroy it- tained. self; (d) Loss to or damage to: C) Smog; 1) Plumbing, heating, air d) Mechanical conditioning, fire pro - breakdown in- tection systems, or cluding rupture or other equipment or ap- bursting caused pliances; or by centrifugal force; 2) The interior of any building or structure, or to personal property in the building or structure Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission, Page 8 of 15 caused by or resulting from rain, snow, sleet or ice, whether driven by wind or not. c. Limit of Insurance The Damage to Premises Rented to You Limit as shown in the Declara- tions is amended as follows: (2) Paragraph 6, of SECTION III - LIMITS OF INSURANCE is hereby deleted and replaced by the following: 6. Subject to 5, above, the Damage to Premises Rented to You Limit is the most we will pay under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, for damages because of "property damage" to premises while rented to you or temporarily occupied y you with permission of the owner, arising out of any one "occurrence" to which this insurance ap- plies. (3) The amount we will pay is lim- ited as described in Section B. Limits of Insurance, 3. Dam- age to Premises Rented to You of this endorsement. 4. Supplementary Payments Under SECTION I - COVERAGE, SUP- PLEMENTARY PAYMENTS - COVER- AGES A AND B: a. Paragraph 2. is replaced by the fol- lowing: Up to the limit shown in Section B. Limits of Insurance, 4.a. Bail Bonds of this endorsement for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage ap- piles. We do not have to furnish these bonds.' b. Paragraph 4, is replaced by the fol- lowing: All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of eamings up to the limit shown In Section B. Limits of Insurance, 4.b. Loss of Earnings of this en- dorsement per day because of time off from work. 5. Medical Payments The Medical Expense Limit of Any One Person as stated in the Declarations is amended to the limit shown in Section B. Limits of Insurance, 5. Medical Pay- ments of this endorsement. 6. Voluntary Property Damage and Care, Custody or Control Liability Coverage a, Voluntary Property Damage Cov- erage We will pay for "property damage" to property of others arising out of op- erations incidental to the insured's business when: (1) Damage is caused by the in- sured; or (2) Damage occurs while in the in- sured's possession, With your consent, we will make these payments regardless of fault. b. Care, Custody or Control Liability Coverage SECTION t - COVERAGES, COV- ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, j. Damage to Property, Subparagraphs (3), (4) and (5) do not apply to "property damage" to the property of others described therein. With respect to the insurance provided by this section of the endorsement, the fol- lowing additional provisions apply: a, The Limits of Insurance shown In the Declarations are replaced by the lim- its designated in Section B. Limits of Insurance, 6, Voluntary Property Damage and Care, Custody or Control Liability Coverage of this endorsement with respect to cover- age provided by this endorsement. These limits are inclusive of and not In addition to the limits being re- placed. The Limits of Insurance shown in Section B. Limits of Insur- ance, 6. Voluntary Property Dam- age and Care, Custody or Control Liability Coverage of this endorse- ment fix the most we will pay in any one "occurrence" regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; or (3) Persons or organizations mak- ing claims or bringing "suits". Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc„ with its permission, Page 9 of 15 b. Deductible Clause (1) Our obligation to pay damages on your behalf applies only to the amount of damages for each "occurrence" which are In ex- cess of the deductible amount stated In Section B. Limits of insurance, 6. Voluntary Prop- erty Damage and Care, Cus- tody or Control Liability Cov- erage of this endorsement. The limits of insurance will not be re- duced by the application of such deductible amount. (2) Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit, applies to each claim or "suit" irrespective of the amount. (3) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the ac- tion taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 7. 180 Day Coverage for Newly Formed or Acquired Organizations SECTION II - WHO iS AN INSURED is amended as follows: Subparagraph a. of Paragraph 4. is hereby deleted and replaced by the fol- lowing: a. Insurance under this provision is af- forded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier, 8. Waiver of Subrogation SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 9, Transfer of Rights of Recovery Against Others to Us is hereby amended by the addition of the following: We waive any right of recovery we may have because of payments we make for injury or damage arising out of your on- going operations or "your work" done un- der a written contract requiring such waiver with that person or organization and included in the "products -completed operations hazard". However, our rights may only be waived prior to the 'occur- rence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring 'suit" or transfer those rights to us and help us enforce those rights, 9. Automatic Additional Insured - Speci• fied Relationships a. The following is hereby added to SECTION II - WHO IS AN INSURED: (1) Any, person or organization de- scribed in Paragraph 9.a.(2) below (hereinafter referred to as additional insured) whom you are required to add as an addi- tional insured under this Cover- age Part by reason of: (a) A written contract or agreement; or (b) An oral agreement or con- tract where a certificate of insurance showing that per- son or organization as an additional insured has been Issued, is an Insured, provided: (a) The written or oral contract or agreement is: 1) Currently in effect or becomes effective during the policy pe- riod; and 2) Executed prior to an "occurrence" or offense to which this insurance would apply; and (b) They are not specifically named as an additional in- sured under any other pro- vision of, or. endorsement added to, this Coverage part. (2) Only the following persons or organizations are additional in- sureds under this endorsement, and insurance coverage pro- vided to such additional in- sureds is limited as provided herein: (a) The manager or lessor of a premises leased to you with whom you have agreed per Paragraph 9.a.(1) above to provide insurance, but only with respect to liability ads - Ing out of the ownership, maintenance or use of that part of a premises leased to you, subject to the following additional exclusions: This Insurance does not apply to: 1) Any "occurrence" which takes place after includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 10 of 15 you cease to be a ten- c) Any physical or ant In that premises. chemical change 2) Structural alterations, in the product made intentionally new construction or by the vendor; demolition operations performed by or on be- d) Repackaging, un - half of such additional less unpacked insured, solely for the pur- (b) Any person or organization pose of inspection, demonstration, from which you lease testing, or the equipment with whom you substitution of have agreed per Paragraph parts under in - 9.a.(1) above to provide n- structions from the surance. Such person(s) or manufacturer, and organizations) are insureds then repackaged solely with respect to their in the original liability arising out of the container; maintenance, operation or use by you of equipment e) Any failure to leased to you by, such per- make such in- son(s) or organizations(s), spections, adjust - However, this insurance ments, tests or does not apply to any "oc- servicing as the currence" which takes place vendor has after the equipment lease agreed to make or expires, normally under - (c) Any person or organization takes to make in the usual course (referred to below as ven- of business, in dor) with whom you have connection with agreed per Paragraph 9,a,(1) above to provide n- the distribution or sale of the prod- surance, but only with re- ucts; spect to "bodily injury" or "property damage" arising f) Demonstration, in - out of "your products" which stallation, servic- are distributed or sold in the ing or repair op - regular course of the ven- erations, except dor's business, subject to such operations the following additional ex- performed at the clusions: vendor's premises 1) The insurance afforded in connection with the sale of the the vendor does not product; apply to: a) "Bodily injury" or g) after distribution ucts or "property damage" sale by you, have for which the ven- been labeled or dor is obligated to relabeled or used pay damages by as a container, reason of the as- part or ingredient sumption of , liabii- of any other thing ity in a contract or or substance by or agreement. This for the vendor. exclusion does not apply to liability for 2) This insurance does damages that the not apply to any in - vendor would sured person or or - have in the ab- ganization: sence of the con- tract or agree- a) From whom you ment; have acquired such products, or b) Any express war- any ingredient, ranty unauthorized part or container, by you; entering into, ac - Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc,, with its permission. Page 11 of 15 companying or 2) This insurance does containing such not apply to "bodily in- products; or jury", "property dam- b) When liability in- age" or "personal and advertising injuryaris- eluded within the "products- ing out of operations completed opera- performed for the state or political subdivision. tions hazard has been excluded (f) Any person or organization under this Cover- with which you have agreed age Part with re- spect to such per Paragraph 9.a.(1) above to provide insurance, products. but only with respect to H- (d) Any state or political subdi- abilarising out of "your i work' performed for that vision with which you have additional insured by you or agreed per Paragraph ) above to provide m- on your behalf. A person or suraece uran, subject to the fol- organization's status as an insured under this provision lowing additional provision: of this endorsement contin- This insurance applies only ues for only the period of with respect to the following time required by the written hazards for which the state contract or agreement, but or political subdivision has in no event beyond the ex- issued a permit in connec- piration date of this Cover- tion with premises you own, age Part. If there is no rent or control and to which written contract or agree- this insurance applies: ment, or if no period of time is required by the written 1) The existence, mainte- contract or agreement, a nance, repair, con- person or organization's struction, erection, or status as an insured under removal of advertising this endorsement ends signs, awnings, cano- when your operations for pies, cellar entrances, that insured are completed. coal holes, driveways, manholes, marquees, (3) Any insurance provided to an hoist away openings, sidewalk vaults, street additional insured designated 2 9.a. under Paragraph (): banners, or decora- (a) Subparagraphs (e) and (f) tions and similar expo- does notapply to bodily sures; or injury" or'. property damage" 2) The construction, erec- included within the "prod- tion, or removal of ele- ucts-completed operations vators; or hazard"; 3) The ownership, main- (b) Subparagraphs (a), (b), (d), tenance, or use of any (e) and (f) does not apply to elevators covered by "bodily injury", "properly this insurance. damage" or "personal and advertising injury" arising (e) Any state or political subdi- out of the sole negligence vision with which you have or willful misconduct of the agreed per Paragraph additional insured or their 9.a.(1) above to provide in- agents, "employees" or any surance, subject to the fol- other representative of the lowing provisions: additional insured; or 1) This insurance applies (c) Subparagraph (f) does not only with respect to op- apply to "bodily injury", erations performed by "property damage" or "per - you or on your behalf sonal and advertising injury" for which the state or arising out of: political subdivision has 1 Defects in design fur- nished by or on behalf Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 12 of 15 of the additional in- spects any other insurance sured; or policy issued to the addi- 2) The rendering of, or tional insured, and such other insurance policy shall failure to render, any be excess and / or noncon- professional architec- tributl% whichever applies, tural, engineering or with this insurance. surveying services, in- cluding: (b) Any insurance provided by a) The preparing, this endorsement shall be primary to other insurance approving or fail- available to the additional ing to prepare or insured except: approve maps, shop drawings, 1) As otherwise provided opinions, reports, in SECTION IV - surveys, field or- COMMERCIAL GEN- ders, change or- ERAL LIABILITY ders or drawings CONDITIONS, S. Other and specifications; Insurance, b. Excess and Insurance; or b) Supervisory, in- 2) For any other valid and spection, archi- collectible insurance tectural or engi- available to the addi- neering activities, tional insured as an 3) "Your work" for which a additional insured by attachment of an en- consolidated( p' P) wra u dorsement to another insurance program has insurance policy that is been provided by the written on an excess prime contractor -project basis, in such case, manager or owner of the coverage provided the construction project under this endorse - in which you are in- ment shall also be ex - volved. cess. b. Only with regard to insurance pro- vided to an additional insured des! gg- nated under Paragraph 9.a.(2) Sub- paragraph (f) above, SECTION III - LIMITS OF INSURANCE is amended to include: The limits applicable to the additional insured are those specified in the written contract or agreement or in the Declarations of this Coverage Part, whichever are less. If no limits are specified in the written contract or agreement, or if there is no written contract or agreement, the limits ap- plicable to the additional insured are those specified in the Declarations of this Coverage Part. The limits of in- surance are inclusive of and not in addition to the limits of insurance shown in the Declarations. c. SECTION IV - COMMERCIAL GEN. ERAL LIABILITY CONDITIONS Is hereby amended as follows: (1) Condition 5. Other Insurance is amended to include: (a) Where required by a written contract or agreement, this Insurance is primary and / or noncontributory as re - (2) Condition 11. Conformance to Specific Written Contract or Agreement is hereby added: 11. Conformance to Specific Written Contract or Agreement With respect to additional insureds described in Para- graph 9.a.(2)(f) above only: If a written contract or agreement between you and the additional insured specifies that coverage for the additional insured: a. Be provided by the In- surance Services Of- fice additional insured form number CG 20 10 or CG 20 37 (where edition specified); or b. Include coverage for completed operations; or c. Include coverage for "your work" and where the limits or cov- erage provided to the addi- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with Its permission. Page 13 of 15 tional insured is more re- strictive than was specifi- cally required in that written contract or agreement, the terms of Paragraphs 9.a.(3)(a), 9.a.(3)(b) or 9.15. above, or any combination thereof, shall be interpreted as providing the limits or coverage required by the terms of the written contract or agreement, but only to the extent that such limits or coverage is included within the terms of the Coverage Part to which this endorse- ment is attached, if, how- ever, the written contract or agreement specifies the In- surance Services Office additional insured form number CG 20 10 but does not specify which edition, or specifies an edition that does not exist, Paragraphs 9.a.(3)(a) and 9,a.(3)(b) of this endorsement shall not apply and Paragraph 9.b, of this endorsement shall ap- ply. 10. Broadened Contractual Liability - Work Within 50' of Railroad Property It is hereby agreed that Paragraph f,(1) of Definition 12, "Insured contract" (SEC- TION V - DEFINITIONS) is deleted. 11, Property Damage to Borrowed Equip- ment a. The following Is hereby added to Ex- clusion j. Damage to Property of Paragraph 2., Exclusions of SEC- TION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: Paragraphs (3) and (4) of this exclu- sion do not apply to tools or equip- ment loaned to you, provided they are not being used to perform opera- tions at the time of loss. b. With respect to the insurance pro- vided by this section of the en- dorsement, the following additional provisions apply: (1) The Limits of insurance shown In the Declarations are replaced by the limits designated In Sec- tion B. Limits of Insurance, 11. of this endorsement with respect to coverage provided by this endorsement. These limits are Inclusive of and not in addition to the limits being replaced. The Limits of Insurance shown in Section B. Limits of Insurance, 11. of this endorsement fix the most we will pay in any one "oc- currence" regardless of the number of: (a) Insureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bring "suits". (2) Deductible Clause (a) Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible amount stated in Section B. Limits of Insur- ance, 11. of this endorse- ment. The limits of insur- ance will not be reduced by the application of such De- ductible amount. (b) Condition 2. Duties in the Event of Occurrence, Of- fense, Claim or Suit, ap- plies to each claim or "suit" irrespective of the amount. (c) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us, 12. Employees as Insureds - Specified Health Care Services It is hereby agreed that Paragraph 2.a.(10) of SECTION II - WHO IS AN INSURED, does not apply to your "em- ployees" who provide professional health care services on your behalf as duly lk censed: a. Nurses; b. Emergency Medical Technicians; or c. Paramedics, in the jurisdiction where an "occurrence" or offense to which this insurance applies takes place, 13. Broadened Notice of Occurrence Paragraph a. of Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit (SECTION IV - COMMER- CIAL GENERAL LIABILITY CONDI. Includes copyrighted material of Insurance GA 233 0207 Services Office, Inc., with its permission. Page 14 of 15 TIONS) is hereby deleted and replaced by the following: a. You must see to it that we are noti- fied as soon as practicable of an 'occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the 'oc- currence" or offense took place; (2) The names and addresses of any injured persons and wit- nesses; and (3) The nature and location of any Injury or damage arising out of the "occurrence" or offense. This requirement applies only when the 'occurrence" or offense is known to an "authorized representative". Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with Its permission. page 15 of 15 Meridian City Council Meeting DATE: December 22, 2015 ITEM NUMBER: 5C PROJECT NUMBER: Consent Agenda ITEM TITLE: Approval of Task Order 10012.e Civil Survey Consultants,INC. Approval of Task Order 10012.e to CIVIL SURVEY CONSULTANTS, INC. for the "Well 30 Pumping Facilities - Design" project for a Not -To -Exceed amount of $88,762.00 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 To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Clint Worthington Date: 12/16/2015 Re: December 22nd City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the December 22nd City Council Consent Agenda for Council's consideration. Approval of Task Order 10012.e to CIVIL SURVEY CONSULTANTS, INC. for the "Well 30 Pumping Facilities - Design" project for a Not -To -Exceed amount of $88,762.00. Recommended Council Action: Award of Task Order 10012.e to CIVIL SURVEY CONSULTANTS, INC. for the Not -To -Exceed amount of $88,762.00. Thank you for your consideration. • Page 1 E IDIAN�- Public IDAHO Works Department TO: Keith Watts, Purchasing Manager FROM: Clint Worthington, Staff Engineer II DATE: 12/16/2015 Mayor Tammy de Weerd CiE,r Council Membero Charlie Rountree Keith Bird Joe Borton Luke Cavener Genesis Milam David Zaremba SUBJECT: WELL #30 PUMPING FACILITIES - DESIGN TASK ORDER WITH CIVIL SURVEY CONSULTANTS FOR A NOT -TO -EXCEED AMOUNT OF $88,762.00 L DEPARTMENT CONTACT PERSONS Clint Worthington, Staff Engineer 11 489-0340 Kyle Radek, Assistant City Engineer 489-0343 Warren Stewart, City Engineer 489-0350 Tom Baily, PW Director 489-0372 II. DESCRIPTION A. Background Development continues to increase demand for potable water in the City. Specifically, development is occurring in the southern region (water system zone 5) of the City creating a need for supply wells and associated pumping facilities. During the 2015 fiscal year a test well was constructed at a site within the Reflection Ridge Subdivision located near the intersection of Locust Grove and Amity Roads. Water quality samples were collected from the test well and sent to a lab for testing and evaluation. Lab results showed acceptable water chemistry malting the site a good location for a production wall and pumping facility. B. Proposed Project The proposed project is to design a pump house with associated equipment needed to supply up to 2500 gallons per minute to the water distribution system. Page 1 of 2 C. Describe Item The Pumping Facilities Design Task Order consists of designing a new pump house, pump and motor, discharge piping, flush line, electrical controls, heating and ventilation system, site improvements and landscaping. III. IMPACT A. Fiscal lm acts Project Costs: --- --------------------------------,--------------------------- Fiscal Year 2016 .-------------------------- -------------------------------------------- _----------------------------------- Pumping Facilities Design--- ; Total ; $88,762.00 i ------------------------------------- ---------- ---------------------------- ----- Total Pro ect_Cost----------------- -- 8,762.00 Project Funding: - - ----------------- -------------------------------------------------------------------- i Fiscal Year 2016 Account Code / Codes --------------------------------,----------------------------------------------- 3490-96135 $400 000 00 ' -------------------------------------------------------------------- - - --------------------- i Total_FundingAvailable _i----------------- $400000,00; B. Alternatives The City could choose not to approve this task order. Without this task order the Well #30 Pumping Facility will not be designed or constructed. The test well and production well will sit idle without a return on investment and the City may not be able to meet the growing develoWnent-driven potable water demand. Departmental Approval: Page 2 of 2 Date: 12/7/2015 Fund: 60 Department: CONTRACT / AGENDA CHECKLIST REQUESTING DEPARTMENT 3490 GL Account: 96135 Construction: Task Order x PSA Equipment Project Name: Well 30 Pumping Facilities Project Manager: Clint Worthington Department Representative: I i Contractor/Consultant/Design Engineer: Civil Survey I I i Budget Available (Attach Report): yes Contract Amount: $88,762.00 Will the project cross fiscal years? Yes x No Budget information: FY Budget: FY16 Enhancement#: Grant#: Other: Type of Grant: i CONTRACT CHECKLIST Public Works Project # 10012.e BASIS OF AWARD Low Bidder Highest Rated Master Agreement x (Bid Results Attached) (Ratings Attached) (Category) 1a Typical Award Yes 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): January 15, 2015 Expiration Date: January 4, 2017 Rating: A Payment and Performance Bonds Received (Date): na Rating: na Builders Risk Ins. Req'd: Yes na No nan If yes, has policy been purchased? na (Only applicabale for projects above $1,000,000) Date Submitted to Clerk for Agenda: December 16, 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) TASK ORDER NO. 10012.e Pursuant to the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN (OWNER) AND CIVIL SURVEY CONSULTANTS (ENGINEER) This Task Order is made thi day of December, 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 CIVIL SURVEY CONSULTANTS, hereinafter referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (Category 1 a) between the above mentioned parties dated October 1, 2014. The Project Name for this Task Order 10012.e is as follows: CITY OF MERIDIAN WELL 30 PUMPING FACILITIES PROJECT UNDERSTANDING The City has installed and tested Test Well 30 and intends to drill Production Well 30. Work on the production well is expected to start this winter and be completed by April of 2016. The Engineer shall provide professional services related to the design of new pumping facilities and site improvements. The well site is located at 968 E. Radiant Ridge within Reflection Ridge Subdivision and all building and site improvements shall be approved by the Reflection Ridge Homeowners Association (HOA). It is anticipated that the well building will have more architectural features than previous well buildings to comply with HOA requirements and to generally match surrounding home architecture. We anticipate preparing preliminary building, site and landscape plans for submittal to the HOA for review and approval prior to the completion of the production well. The existing distribution system currently has a water main stubbed into the site for connection to the pumping facilities. There is an existing by-pass line to the Ridenbaugh Canal currently stubbed into the site that will be used for automatic flushing of the well. Once completed the new pumping facilities will be constructed to include a new well building, pump and motor, discharge piping, electrical controls, heating and ventilation system, site improvements and landscaping. It is anticipated that a submersible pump will be used to produce a delivery rate from 500 to 3,000 gallons per minute (gpm). Actual delivery rate and motor size will be determined based upon well performance and actual head conditions of the completed well. There is a possibility that the City may decide to install a small submersible Task Order 10012.e —Well 30 Pumping Facilities Page 1 of 6 Civil Survey Consultants pump at this time to meet the current low demand in the area and upgrade to a larger pump in the future as demand increases with growth in the area. There is also a possibility that the well will be fitted with two separate pumps, a smaller pump for domestic water purposes and a larger pump for fire flow purposes. The new facilities will include the following: We anticipate that the well building will be masonry block construction, with hardie plank fascia and soffits, and architectural shingles. We anticipate that it might be necessary to cover the exterior of the block building with something similar to stucco and stone siding to meet HOA requirements. The new building will be approximately 25' wide by 30' long. Design of the building will be provided by Neudesign Architecture as a sub -consultant to Civil Survey. • We anticipate that the required chlorine tank will be less than 500 gallons and fire sprinklers will not be required. • There will not be a generator enclosed within the building. If requested by the City, the electrical system shall include a manual transfer switch and plug in for the connection of a portable generator. • The well will be equipped with a new submersible pump. The pump will be selected based upon the characteristics of the actual completed well and will be sized to serve pressure Zone 5. • The well discharge will be equipped with piping and valves to allow for automatic flushing to the existing by-pass pipeline. • A Variable Frequency Drive (VFD) will control the pump motor. The VFD will vary the pump motor speed to maintain a constant pressure in the discharge piping. The VFD will include a Harmonic Filter as required by Idaho Power. • The well electrical controls will include a SCADA controls in accordance with Meridian's existing system. Design well electrical controls of SCADA will be provided by DC Engineering as a sub -consultant to Civil Survey. • The well building will include heating, ventilation and air conditioning. Design of heating, ventilation and air conditioning will be provided by DC Engineering as a sub -consultant to Civil Survey. • A dual wall tank will be provided for hypochlorite solution storage and secondary containment. A residual chlorine analyzer will be provided. Engineer shall . contact Hach Company and possibly one or two other manufactures to determine if there is a probe type analyzer that is applicable for this project. • Site improvements will consist of perimeter fencing, asphalt parking area with permeable pavers for drainage and landscaping improvements. Task Order 10012.e—Well 30 Pumping Facilities Page 2 of 6 Civil Survey Consultants SCOPE OF WORK Task 1 —Administration 1.1 This task includes duties associated with setting up the contract, submitting monthly invoices and ongoing project management. Task 2 — Project Meetings 2.1 This task includes attending a kickoff meeting with City staff. 2.2 This task includes attending a meeting with City staff to discuss preliminary building drawings, site plan and landscaping plan prior to drawings being submitted to HOA for review and approval. 2.3 This task includes attending a meeting with City staff and HOA to discuss preliminary drawings. Task 3 — Surveying 3.1 This task includes field work associated with performing topographic survey required to complete the design. 3.2 This task includes office work associated with drafting any additional topographic survey and establishing necessary property lines. We anticipate that for the purposes of this project we will be able to define the existing public right-of—way and property lines from the Reflection Ridge Subdivision plat recorded with Ada County. Task 4 — Preliminary Drawings 4.1 This task includes the preparation of preliminary building, site plan and landscaping plans for submittal to the HOA for review and approval. 4.2 This task includes submitting drawings to the City and revising preliminary drawings based off comments from the City and HOA and resubmitting to the City. Task 5 — Conceptual Plans 5.1 Review well performance flow vs. drawdown information provided by the City. 5.2 Prepare conceptual plans for the pumping facilities. Task Order 10012.e —Well 30 Pumping Facilities Page 3 of 6 Civil Survey Consultants 5.3 Prepare a Preliminary Engineering Report (PER) in accordance with IDAPA 58.01.08 and submit the PER to the Idaho Department of Environmental Quality for review and approval. Task 6 — Construction Document Preparation and Review 6.1 Develop plans, specifications, cost estimate and bid schedule that meet current design standards, standard specifications of the City and the ISPWC. Technical Specifications will conform to the formatting of the ISPWC. An Erosion and Sediment Control Plan (SSCP) will be prepared and submitted to the City for review. The SSCP will be prepared in accordance with the City of Meridian Construction Stormwater Management Program. Engineer will revise plans as necessary and resubmit. 6.2 Submit a CZC application to City Planning and Zoning Department. Engineer will revise plans as necessary and resubmit. 6.3 Submit five (5) full size copies of plans and two (2) copies of specifications to City Engineering for departmental review and comment. Engineer will revise plans as necessary and resubmit. 6.4 Submit three (3) full size copies of revised plans and one (1) set of specifications to City Engineering for Development Services and Environmental review. Engineer to revise plans as necessary and resubmit. 6.5 Submit plans and specifications to DEQ for review and approval. Engineer will revise plans as necessary and resubmit. 6.6 Submit plans to ACHD for review and approval of driveway access and any improvements within right-of-way. 6.7 Prepare final construction documents with inclusion of any changes from the review phases and provide the following copies during and after the bidding phase: • Five (5) copies for bid and distribution purposes along with a PDF copy of the plans and specifications. • Up to five (5) copies for contractor's use. Task 7 — Construction Services 7.1 Provide one set of construction stakes for the design improvements. We anticipate that all staking will be completed in three trips to the site. Staking shall be completed within 48 hours when requested in writing by the Contractor. Stakes shall be provided for the building corners, fence corners and parking lot. Task Order 10012.e— Well 30 Pumping Facilities Page 4 of 6 Civil Survey Consultants 7.2 Engineer will attend the pre-bid meeting. 7.3 Engineer will attend the pre -construction meeting. 7.4 Answer RFI's from contractor during bidding and construction about the design. 7.5 Review material specifications submitted by contractor. 7.6 Engineer will provide assistance during construction and attend onsite meetings as requested by the City. 7.7 Prepare record drawings meeting the City of Meridian Acceptance of Record/Electronic Drawings, dated January 28, 2015. ASSUMPTIONS • The City shall be responsible for all coordination and cost to have Idaho Power install the required transformer and to get power to building. . • The City shall be responsible for planning, scheduling and conducting meetings with HOA. The City shall submit prepared plans to HOA for review and approval. • The City shall provide Engineer with a copy of the HOA covenants. • The City shall provide Engineer with a copy of the lot lease agreement between the City and the subdivision developer. • The City shall provide Engineer with a copy of subdivision construction plans. • All required water lines have been stubbed into the lot. • Right-of-way or boundary surveys are not included in this scope of work. • Easement preparation is not part of the scope of work. • Title reports are not part of the scope of work. • Ground water monitoring is not part of the scope of work • A license agreement with NMID has been completed for the flush line. TIME OF COMPLETION and COMPENSATION SCHEDULE The following schedule is based on a Notice to Proceed (NTP) from the City by January 2016 and Final Plans by September 2016. A NTP issued on a different date will change the schedule accordingly. COMPENSATION ANp COMPLETIONSCHEDUL:E Task Description Due Date Compensation 1 Administration 30 days after completion of construction $1,000.00 Project Meetings ■ April 2016 $1,757.00 3 ± Surveying ■ March 2016 $1,747.00 4 Preliminary Drawings April 2016 $3,052.00 Task Order 10012.e — Well 30 Pumping Facilities Page 5 of 6 Civil Survey Consultants 5 Conceptual Plans Se tember 2016 $12,432.00 6 Construction Documents September 2016 $25,482.00 7 Construction Services 30 days after completion of $12,542.00 construction Miscellaneous Printing 30 days after completion of $500.00 construction Miscellaneous Design Services 30 days after completion of $30,250.00 construction TASK ORDER TOTAL: $88,762.00 The Not -To -Exceed amount to complete all services listed above for this Task Order No. 10012.e is Eighty -Eight Thousand Seven Hundred Sixty -Two dollars and 00/100 ($88!762.00). 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. 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 BY - TAMMY de W D, MAYOR Dated: Approved by Council: / HOLMAN, CITY CIVIL SURVEY CONSULTANTS BY: e 2� �' ,�F�� , r 3 COREY PEACOCK, Principal Dated: nW of IIIANk 9UAn0 I F� SEAL !r Purchasing Approval e �6e TRF KEI City Project Manager Clint Worthington '_J �v ,+f 4P v� yx artrfQht App BY: WARREN STEWAR , Engineering Manager Dated: I Z-11 } Task Order 10012.e— Well 30 Pumping Facilities Page 6 of 6 Civil Survey Consultants 9 r H z w w P4 x w a El H 0 H e�p as w as aA 0 0 o rn m O o O N N W O C r o 0 0 H N •r o o m m N G H H G01 -H 9 ✓s •m U � F3 N W N w x a ro x O M d O O 41 ty, y4 o Ln N r r O 41 •rl o In d' CO CO N ZA d' O o l0 w d' co OJ R m N w � 0 wM o c o r cr x ° m O M O M M .i I k+ 0 •.{ N rt o in ' .� }� LO n w N U U � �3 N N C 0 (Ny `� N ) F U WU o P4 U w I Y H o "m N o 0 o 0 0 0 N O ro + � � 1 O O N N N (D O O O N M i4 O Ol T O1 C W +j O o rn d N nt a) N w 0 +1 a m J o roU � °Q ro H ro a m� o 0� F 4 N n O 0 ro + 3 H M M U W O >1 f2lH o � i w 1-10 � 3 U 04 w ro 0 w •� H a a ro w U n 9 r H z w w P4 x w a El H 0 H IDSOS Viewing Business Entity Page 1 of 2 IDAHO SECRETARY OF STATE r Viewing Business Entity Lawerence Denney, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for CIVIL SURVEY CONSULTANTS INC. ] [ Monitor CIVIL SURVEY CONSULTANTS, INC. business filings ] CIVIL SURVEY CONSULTANTS, INC. 2893 SOUTH MERIDIAN ROAD MERIDIAN, ID 83642 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING 27 Nov 1992 State of Origin: IDAHO Date of 27 Nov 1992 Origination/Authorization: Initial Registered Agent: GLENN K BENNETT 42 PEREGRINE DRIVE BOISE, ID 83716 Organizational ID / Filing C100243 Number: Number of Authorized Stock 1000 Shares: Date of Last Annual Report: 17 Sep 2015 Annual Report Due: Nov 2016 Original Filing: Filed 27 Nov 1992 INCORPORATION 4 :; , 0 Report for year 2015 ANNUAL REPORT Report for year 2014 ANNUAL REPORT Report for year 2013 ANNUAL REPORT Report for year 2012 ANNUAL REPORT Report for year 2011 ANNUAL REPORT Report for year 2010 ANNUAL REPORT Report for year 2009 ANNUAL REPORT Report for year 2008 ANNUAL REPORT Report for year 2007 ANNUAL REPORT Report for year 2006 ANNUAL REPORT Report for year 2005 ANNUAL REPORT [ Help Me Print/View TIFF ] View Image (PDF format) View Image(TIFF format) [ Help Me Print/View TIFF ] View Document Online View Document Online View Document Online View Document Online View Document Online View Document Online View Document Online View Document Online View Document Online View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TI format) http://www.accessidaho.org/public/sos/corp/Cl 00243.html 10/12/2015 IDSOS Viewing Business Entity Report for year 2004 ANNUAL REPORT Report for year 2003 ANNUAL REPORT Report for year 2002 ANNUAL REPORT Report for year 2001 ANNUAL REPORT Report for year 2000 ANNUAL REPORT Report for year 1999 ANNUAL REPORT Report for year 1998 ANNUAL REPORT Report for year 1997 ANNUAL REPORT Report for year 1996 ANNUAL REPORT Report for year 1995 ANNUAL REPORT Report for year 1994 ANNUAL REPORT Report for year 1993 ANNUAL REPORT Idaho Secretary of State's Main Page Page 2 of 2 View Imaae (PDF format) View State of Idaho Home Pa Comments, questions or suggestions can be emailed to: sosinfo2sos.idaho.gov http://www.accessidaho.org/public/sos/corp/Cl00243.html 10/12/2015 Imaae (TIFF format) View Image(PDF format) View Imaae (TIFF format) View Image (PDF format) View, Image (TIFF format) View Imacie (PDF format) View Image (TIFF format). View Image (PDF format) View Image (TIFF format) View Imaae (PDF format) View Image (TIFF format) View Image (PDF format) View Imaae (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) State of Idaho Home Pa Comments, questions or suggestions can be emailed to: sosinfo2sos.idaho.gov http://www.accessidaho.org/public/sos/corp/Cl00243.html 10/12/2015 CIVISUR-01 SMAHR CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 12/10/2016 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, 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 Boise Office PayneWest Insurance, Inc. 980 Broadway Avenue Suite 100 Boise, ID 83708 CONTACT NAME: PHONE 208 424-2900 ac No : 208 424-2999 Arc No Ext:( ) ( ) ADDRESS: INSURER ($) AFFORDING COVERAGE � NAIC N INSURERA:Hartford Casualty Insurance Co 129424 01/0412017 INSURED INSURER B:Hartford Underwriters Ins. CO. Civil Survey Consultants, Inc. INSURER C:Idaho State Insurance Fund 136129 INSURERD: 1400 E. Watertower St, Ste 100 INSURER E : Meridian, ID 83642-3613 INSURER F : I B COVRRaC:FS CFRTIFICATF NtIMRFR- 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, ILTTR TYPE OF INSURANCE ADDLBUER 33 E, Broadway Ave. Meridian, ID 83642 POLICY NUMBER MMIDDIYYYY MMIDD� LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE T OCCUR X X 34SBAV00624, 0110412016 01/0412017 EACH OCCURRENCE $ 1,000,00 DAMAGE TO RENI 10 PREMISES Ea occurrence S MED EXP Any one person) $ 10,00 PERSONAL BAOVINJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY a PRO- r-1 LOC JECT OTHER: GENERAL AGGREGATE $ 2,000,00 PRODUCTS . COMP/OP AGG $ 2,000,00 S B AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS NON OWNED HIREDAUTOS AUTOSPeraccident X X 34UECN01871 01/0412016 01104/2017 E�acBoNED INGLELIMIT S 1,000,00 _ BODILY INJURY (Per person) S BODILY INJURY (Per accident) S PROPERTY DAMAGE S $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS•MADE EACH OCCURRENCE $ _ AGGREGATE $ DED I I RETENTIONS S WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE ❑N OFFICERIMEMBER EXCLUDED? (Mand atory In NH) itfDES6RIPTION OF OPERATIONS below N/A 640668 01/01/2016 0110112017 X STATUTE X OR E.L. EACH ACCIDENT $ 100,00 E L. DISEASE - EA EMPLOYE S 100,00 E.L. DISEASE - POLICY LIMIT 1 $ 600,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached H more space Is required) Service Agreement LIC0T1Clr`1kTG 1-Ini nRR CANCELLATION ©1988-2014 ACORD CORPORATION. All rignts reserved. ACORD 26 (2014101) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of CI Meridian Purchasing Manager THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 33 E, Broadway Ave. Meridian, ID 83642 AUTHORIZED REPRESENTATIVE A2- ©1988-2014 ACORD CORPORATION. All rignts reserved. ACORD 26 (2014101) The ACORD name and logo are registered marks of ACORD QUICK REFERENCE BUSINESS LIABILITY COVERAGE FORM READ YOUR POLICY CAREFULLY BUSINESS LIABILITY COVERAGE FORM Beginning on Page A. COVERAGES 1 Business Liability 1 Medical Expenses 2 Coverage Extension - Supplementary Payments 2 Form SS 00 08 04 05 B. EXCLUSIONS 3 C. WHO IS AN INSURED 10 D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 14 E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 15 1. Bankruptcy 15 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit 15 3. Financial Responsibility Laws 16 4. Legal Action Against Us 16 5. Separation Of Insureds 16 6. Representations 16 7. Other Insurance 16 8. Transfer Of Rights Of Recovery Against Others To Us 17 F. OPTIONAL ADDITIONAL INSURED COVERAGES 18 Additional Insureds 18 G. LIABILITY AND MEDICAL EXPENSES DEFINITIONS 20 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Various provisions In this policy restrict coverage. Read the entire policy carefully to determine rights, duties and what is and is not covered. Throughout this policy the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the stock Insurance company member of The Hartford providing this insurance. The word "Insured" means any person or organization qualifying as such under Section C. - Who is An Insured. Other words and phrases that appear in quotation marks have special meaning. Refer to Section G. - Liability And Medical Expenses definitions. X COVERAGES 1. BUSINESS LIABILITY COVERAGE (BODILY INJURY, PROPERTY DAMAGE, PERSONAL AND ADVERTISING INJURY) Insuring Agreement a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury", "property damage" or "personal and advertising injury" to which this insurance does not apply. We may, at our discretion, Investigate any "occurrence" or offense and settle any claim or "suit" that may result. But: (1) The amount we will pay for damages is limited as described in Section D. - Liability And Medical Expenses Limits Of Insurance; and (2) Our right and duty to defend ends when we have used up the applicable limit of Insurance In the payment of judgments, settlements or medical expenses to which this insurance applies. No outer obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Coverage Extension - Supplementary Payments. b. This insurance applies: (1) To* "bodily injury" and "property damage" only If: (a) The "bodily injury" or "property damage" is caused by an "occurrence" that takes place in the "coverage territory"; (b) The "bodily injury" or "property damage" occurs during the policy period; and (c) Prior to the policy period, no insured listed under Paragraph 1. of Section C. — Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily Injury" or "property damage" had occurred, in whole or in part. If such a listed Insured or authorized "employee" knew, prior to the policy period, that the "bodily Injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. (2) To "personal and advertising Injury" caused by an offense arising out of your business, but only if the offense was committed in the "coverage territory" during the policy period. c. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section C. — Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim: (1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; Form SS 00 08 04 05 Page 1 of 24 0 2005, The Hartford BUSINESS LIABILITY COVERAGE FORM (2) Receives a written or verbal demand or b. We will make these payments regardless of claim for damages because of the "bodily fault. These payments will not exceed the injury" or "property damage"; or applicable limit of Insurance. We will pay (3) Becomes aware by any other means that reasonable expenses for: "bodily injury" or "property damage" has (1) First aid administered at the time of an occurred or has begun to occur. accident; d. Damages because of "bodily injury" include (2) Necessary medical, surgical, x-ray and damages claimed by any person or dental services, including prosthetic organization for care, loss of services or devices; and death resulting at any time from the "bodily (3) Necessary ambulance, hospital, Injury". professional nursing and funeral e. incidental Medical Malpractice services. (1) "Bodily injury" arising out of the 3. COVERAGE EXTENSION - rendering of or failure to render SUPPLEMENTARY PAYMENTS professional health care services as a a. We will pay, with respect to any claim or physician, dentist, nurse, emergency "suit" we investigate or settle, or any "suit" medical technician or paramedic shall against an insured we defend: be deemed to be caused by an "occurrence", but only if: (1) All expenses we incur. (a) The physician, dentist, nurse, (2) Up to $1,000 for the cost of ball bonds emergency medical technician or required because of accidents or traffic paramedic is employed by you to law violations arising out of the use of provide such services; and any vehicle to which Business Liability Coverage for "bodily injury" applies. We (b) You are not engaged in the do not have to furnish these bonds. business or occupation of providing such services. (3) The cost of appeal bonds or bonds to release attachments, but only for bond (2) For the purpose of determining the amounts within the applicable limit of limits of insurance for incidental medical insurance. We do not have to famish malpractice, any act or omission these bonds. together with all related acts or omissions in the furnishing of these (4) All reasonable expenses incurred by the services to any one person will be insured at our request to assist us In the considered one "occurrence". investigation or defense of the claim or "suit", including actual loss of earnings 2. MEDICAL EXPENSES up to $500 a day because of time off Insuring Agreement from work. a. We will pay medical expenses as described (5) All costs taxed against the insured in below for "bodily injury" caused by an the "suit". accident: (6) Prejudgment Interest awarded against (1) On premises you own or rent; the insured on that part of the judgment (2) On ways next to premises you own or we pay. If we make an offer to pay the rent; or applicable limit of insurance, we will not (3) Because of your operations; pay any prejudgment interest based on that period of time after the offer. provided that: (7) All interest on the full amount of any (1) The accident takes place In the judgment that accrues atter entry of the "coverage territory" and during the judgment and before we have paid, policy period; offered to pay, or deposited in court the (2) The expenses are Incurred and reported part of the judgment that Is within the to us within three years of the date of applicable limit of insurance. the accident; and, Any amounts paid under (1) through (7) (3) The injured person submits to above will not reduce the limits of insurance. examination, at our expense, by physicians of our choice as often as we reasonably require. Page 2 of 24 Form SS 00 08 04 05 b. If we defend an Insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met: (1) The "suit" against the Indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; (2) This insurance 'applies to such liability assumed by the Insured; (3) The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract"; (4) The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interest of the indemnitee; (5) The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and (6) The Indemnitee: (a) Agrees in writing to: (1) Cooperate with us in the investigation, settlement or defense of the "suit"; (ii) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit"; (111) Notify any other insurer whose coverage is available to the indemnitee; and (iv) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and (b) Provides us with written authorization to: (i) Obtain records and other information related to the "suit"; and (ii) Conduct and control the defense of the indemnitee in such "suit". BUSINESS LIABILITY COVERAGE FORM So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Notwithstanding the provisions of Paragraph 1.b.(b) of Section B. — Exclusions, such payments will not be deemed to be damages for "bodily Injury" and "property damage" and will not reduce the Limits of Insurance. Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when: (1) We have used up the applicable limit of insurance in the payment of judgments or settlements; or (2) The conditions set forth above, or the terms of the agreement described in Paragraph (6) above, are no longer met. B. EXCLUSIONS 1. Applicable To Business Liability Coverage This insurance does not apply to: a. Expected Or Intended Injury (1) "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily Injury" or "property damage" resulting from the use of reasonable force to protect persons or property; or (2) "Personal and advertising injury" arising out of an offense committed by, at the direction of or with the consent or acquiescence of the insured with the expectation of inflicting "personal and advertising injury". b. Contractual Liability (1) "Bodily injury" or "property damage"; or (2) "Personal and advertising injury" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages because of: (a) "Bodily injury", "property damage" or "personal and advertising injury" that the insured would have in the absence of the contract or agreement; or Form SS 00 08 04 05 Page 3 of 24 BUSINESS LIABILITY COVERAGE FORM (b) "Bodily injury" or "property damage" (b) Performing duties related to the assumed In a contract or agreement conduct of the Insured's business, or that is an "insured contract", (2) The spouse, child, parent, brother or provided the "bodily injury" or sister of that "employee" as a "property damage" occurs consequence of (1) above. subsequent to the execution of the This exclusion applies: contract or agreement. Solely for the purpose of liability assumed in 1 Whether the insured may be liable as () y an "insured contract", reasonable an employer or In any other capacity; attorneys' fees and necessary and litigation expenses Incurred by or for (2) To any obligation to share damages a party other than an insured are with or repay someone else who must deemed to be damages because of pay damages because of the injury. "bodily injury" or "property damage" This exclusion does not apply to liability provided: assumed by the insured under an "insured (1) Liability to such party for, or for contract". the cost of, that party's defense f. Pollution has also been assumed In the same insured contract", and (1) "Bodily injury", "property damage" or "personal and advertising injury" (ii) Such attorneys' fees and arising out of the actual, alleged or litigation expenses are for threatened discharge, dispersal, defense of that party against a seepage, migration, release or escape civil or alternative dispute of "pollutants": resolution proceeding In which damages to which this (a) At or from any premises, site or insurance applies are alleged. location which is or was at any c, Liquor Liability time owned or occupied by, or rented or loaned to any insured. "Bodily injury" or "property damage" for However, this subparagraph does which any insured may be held liable by not apply to: reason of: (i) "Bodily injury" If sustained within (1) Causing or contributing to the a building and caused by intoxication of any person; smoke, fumes, vapor or soot (2) The furnishing of alcoholic beverages to produced by or originating from a person under the legal drinking age or equipment that is used to heat, under the influence of alcohol; or cool or dehumidify the building, (3) Any statute, ordinance or regulation or equipment that is used to heat water for personal use, by relating to the sate, gift, distribution or the buildings occupants or their use of alcoholic beverages. guests; This exclusion applies only if you are in the (11) "Bodily injury" or "property business of manufacturing, distributing, damage" for which you may be selling, serving or furnishing alcoholic held liable, If you are a beverages. contractor and the owner or d. Workers` Compensation And Similar lessee of such premises, site or Laws location has been added to your Any obligation of the insured under a policy as an additional insured workers' compensation, disability benefits with respect to your ongoing or unemployment compensation law or operations performed for that any similar law. additional insured at that e. Employer's Liability premises, site or location and "Bodily Injury" to: such premises, site or location (1) An "employee" of the insured arising is not and never was owned or occupied by, or rented or out of and in the course of: loaned to, any insured, other (a) Employment by the insured; or than that additional insured; or Page 4 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM (iii) "Bodily injury" or "property released as part of the damage" arising out of heat, operations being performed smoke or fumes from a by such Insured, contractor or "hostile fire"; subcontractor; (b) At or from any premises, site or (tt) "Bodily injury" or "property location which is or was at any damage" sustained within a time used by or for any insured or building and caused by the others for the handling, storage, release of gases, fumes or disposal, processing or treatment vapors from materials brought of waste; into that building in connection (c) Which are or were at any time with operations being performed transported, handled, stored, by you or on your behalf by a treated, disposed of, or processed contractor or subcontractor; or as waste by or for: (Iii) "Bodily Injury" or "property (i) Any insured; or damage" arising out of heat, smoke or fumes from a (Ii) Any person or organization for hostile fire ; or whom you may be legally responsible; (e) At or from any premises, site or location on which any insured or any (d) At or from any premises, site or contractors or subcontractors location on which any insured or working directly or indirectly on any any contractors or subcontractors Insured's behalf are performing working directly or indirectly on operations If the operations are to any insured's behalf are test for, monitor, clean up, remove, performing operations if the contain, treat, detoxify or neutralize, "pollutants" are brought on or to or in any way respond to, or assess the premises, site or location in the effects of "pollutants" connection with such operations by such insured, contractor or (2) Any loss, cost or expense arising out subcontractor. However, this of any: subparagraph does not apply to: (a) Request, demand, order or statutory (1) "Bodily injury" or "property or regulatory requirement that any damage" arising out of the insured or others test for, monitor, escape of fuels, lubricants or dean up, remove, contain, treat, other operating fluids which are detoxify or neutralize, or in any way needed to perform the normal respond to, or assess the effects of, electrical, hydraulic or "pollutants"; or mechanical functions (b) Claim or suit by or on behalf of a necessary for the operation of governmental authority for "mobile equipment" or its parts, damages because of testing for, If such fuels, lubricants or other monitoring, cleaning up, removing, operating fluids escape from a containing, treating, detoxifying or vehicle part designed to hold, neutralizing, or in any way store or receive them. This responding to, or assessing the exception does not apply if the effects of, "pollutants". "bodily injury" or "property However, this paragraph does not damage" arises out of the apply to liability for damages because intentional discharge, dispersal of "property damage" that the insured or release of the fuels, would have in the absence of such lubricants or other operating request, demand, order or statutory or fluids, or if such fuels, regulatory requirement, or such claim lubricants or other operating or "suit" by or on behalf of a fluids are brought on or to the governmental authority. premises, site or location with the intent that they be discharged, dispersed or Form SS 00 08 04 05 Page 6 of 24 BUSINESS LIABILITY COVERAGE FORM g. Aircraft, Auto Or Watercraft "Bodily Injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading". This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that Insured, if the "occurrence" which caused the "bodily injury" or "property damage" involved the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft that is owned or operated by or rented or loaned to any Insured. This exclusion does not apply to; (1) A watercraft while ashore on premises you own or rent; (2) A watercraft you do not own that is: (a) Less than 51 feet long; and (b) Not being used to carry persons for a charge; (3) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured; (4) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft or watercraft; (5) "Bodily injury" or "property damage" arising out of the operation of any of the equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment"; or (6) An aircraft that is not owned by any insured and is hired, chartered or loaned with a paid crew. However, this exception does not apply if the insured has any other insurance for such "bodily injury" or "property damage", whether the other Insurance is primary, excess, contingent or on any other basis. h. Mobile Equipment "Bodily injury" or "property damage" arising out of: (1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or (2) The use of "mobile equipment' in, or while in practice or preparation for, a prearranged racing, speed or demolition contest or in any stunting activity. I. War "Bodily injury", "property damage" or "personal and advertising injury", however caused, arising, directly or indirectly, out of. - (1) f:(1) War, Including undeclared or civil war; (2) Warlike action by a military force, Including action in hindering or defending ' against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these. J. Professional Services "Bodily injury", "property damage" or "personal and advertising Injury" arising out of the rendering of or failure to render any professional service. This includes but is not limited to: (1) Legal, accounting or advertising services; (2) Preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; (3) Supervisory, inspection, architectural or engineering activities; (4) Medical, surgical, dental, x-ray or nursing services treatment, advice or instruction; (5) Any health or therapeutic service treatment, advice or instruction; (6) Any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal or replacement or personal grooming; (7) Optical or hearing aid services including the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices; Page 6 of 24 Form 5S 00 08 04 05 (8) Optometry or optometric services including but not limited to examination of the eyes and the prescribing, preparation, fitting,demonstratlon or distribution of ophthalmic tenses and similar products; (9) Any: (a) Body piercing (not including ear piercing); (b) Tattooing, Including but not limited to the insertion of pigments into or under the skin; and (c) Similar services; (10) Services In the practice of pharmacy; and (11) Computer consulting, design or programming services, including web site design. Paragraphs (4) and (5) of this exclusion do not apply to the Incidental Medical Malpractice coverage afforded under Paragraph 1.e. in Section A. - Coverages. k. Damage To Property "Property damage" to: (1) Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises; (3) Property loaned to you; (4) Personal property in the care, custody or control of the Insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it. BUSINESS LIABILITY COVERAGE FORM Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate Limit of Insurance applies to Damage To Premises Rented To You as described in Section D. - Limits Of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. Paragraphs (3) and (4) of this exclusion do not apply to the use of elevators. Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under sidetrack agreement. Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations at a job site. Paragraph (6) of this exclusion does not apply to "property damage" included In the "products -completed operations hazard". I. Damage To Your Product "Property damage" to "your product" arising out of it or any part of it. m. Damage To Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products -completed operations hazard". This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. n. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of: (1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. Form SS 00 08 04 05 Page 7 of 24 BUSINESS LIABILITY COVERAGE FORM o. Recall Of Products, Work Or Impaired (c) Title of any literary or artistic work; Property (8) Arising out of an offense committed by Damages claimed for any loss, cost or an insured whose business is: expense incurred by you or others for the (a) Advertising, broadcasting, loss of use, withdrawal, recall, Inspection, publishing or telecasting; repair, replacement, adjustment, removal (b) Designing or determining content or disposal of: of web sites for others; or (1) 'Your product"; (c) An Internet search, access, (2) "Your work'; or content or service provider. (3) "Impaired property"; However, this exclusion does not if such product, work or property is apply to ,Paragraphs a., b. and c. withdrawn or recalled from the market or under the definition of "personal and from use by any person or organization advertising injury" in Section G. — because of a known or suspected defect, Liability And Medical Expenses deficiency, inadequacy or dangerous Definitions. condition in it. For the purposes of this exclusion, p. Personal And Advertising injury placing an "advertisement" for or "Personal and advertising injury": linking to others on your web site, by itself, is not considered the business (1) Arising out of oral, written or electronic of advertising, broadcasting, publication of material, if done by or at publishing or telecasting; the direction of the insured with knowledge of its falsity; (9) Arising out of an electronic chat room or bulletin board the insured hosts, (2) Arising out of oral, written or electronic owns, or over which the insured publication of material whose first exercises control; publication took place before the beginning of the policy period; (10) Arising out of the unauthorized use of (3) Arising out of a criminal act committed another's name or product in your e-mail address, domain name or metatags, or by or at the direction of the insured; any other similar tactics to mislead (4) Arising out of any breach of contract, another's potential customers; except an implied contract to use (11) Arising out of the violation of a another's "advertising idea" in your person's � right of privacy created by "advertisement"; any state or federal act. (5) Arising out of the failure of goods, However, this exclusion does not products or services to conform with apply to liability for damages that the any statement of quality or insured would have in the absence of performancemade in your such state or federal act; "advertisement"; (6) Arising out of the wrong description of (12) Arising out of: the price of goods, products or services; (a) An "advertisement" for others on (7) Arising out of any violation of any your web site; Intellectual property rights such as (b) Placing a link to a web site of copyright, patent, trademark, trade others on your web site; name, trade secret, service mark or (c) Content from a web site of others other designation of origin or displayed within a frame or border authenticity. on your web site. Content includes However, this exclusion does not information, code, sounds, text, apply to infringement, in your graphics or images; or "advertisement", of (d) Computer code, software or (a) Copyright; programming used to enable: (b) Slogan, unless the slogan Is also (1) Your web site; or a trademark, trade name, service (ii) The presentation or functionality mark or other designation of origin of an "advertisement' or other or authenticity; or content on your web site; Page 8 of 24 Form SS 00 08 04 05 (13) Arising out of a violation of any anti- trust law; (14) Arising out of the fluctuation in price or value of any stocks, bonds or other securities; or (15) Arising out of discrimination or humiliation committed by or at the direction of any "executive officer", director, stockholder, partner or member of the insured. q. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data". r. Employment -Related Practices "Bodily injury" or "personal and advertising injury" to: (1) A person arising out of any: (a) Refusal to employ that person; (b) Termination of that person's employment; or (c) Employment-related practices, policies, ads or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation or discrimination directed at that person; or (2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" or "personal and advertising injury" to the person at whom any of the employment-related practices described In Paragraphs (a), (b), or (c) above is directed. This exclusion applies: (1) Whether the Insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the Injury. s. Asbestos (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the "asbestos hazard". (2) Any damages, judgments, settlements, loss, costs or expenses that: BUSINESS LIABILITY COVERAGE FORM (a) May be awarded or incurred by reason of any claim or suit alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard"; (b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; or (c) Arise out of any claim or suit for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard". t. Violation Of Statutes That Govern E - Mails, Fax, Phone Calls Or Other Methods Of Sending Material Or Information "Bodily injury", "property damage", or "personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate: (1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN -SPAM Act of 2003, including any amendment of or addition to such law; or (3) Any statute, ordinance or regulation, other than the TCPA or CAN -SPAM Act of 2003, that prohibits or limits the sending, transmitting, communicating or distribution of material or information. Damage To Premises Rented To You — Exception For Damage By Fire, Lightning or Explosion Exclusions c. through h. and It. through o, do not apply to damage by fire, lightning or explosion to premises rented to you or temporarily occupied by you with permission of the owner. A separate Limit of Insurance applies to this coverage as described in Section D. - Liability And Medical Expenses Limits Of Insurance. Form SS 00 08 04 05 Page 9 of 24 BUSINESS LIABILITY COVERAGE FORM 2. Applicable To Medical Expenses Coverage We will not pay expenses for "bodily injury": a. Any Insured To any Insured, except "volunteer workers". b. Hired Person To a person hired to do work for or on behalf of any insured or a tenant of any insured. c. Injury On Normally Occupied Premises To a person Injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities To a person injured while practicing, instructing or participating In any physical exercises or games, sports or athletic contests. f. Products -Completed Operations Hazard Included with the "products -completed operations hazard". g. Business Liability Exclusions Excluded under Business Liability Coverage. C. WHO IS AN INSURED 1. If you are designated in the Declarations as: a. An individual, you and your spouse are Insureds, but only with respect to the conduct of a business of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an Insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers. d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees. 2. Each of the following is also an insured: a. Employees And Volunteer Workers Your "volunteer workers" only while performing dudes related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business. However, none of these "employees" or "volunteer workers" are insureds for: (1) "Bodily injury" or "personal and advertising injury": (a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), or to a co -"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co - "employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above; (c) For whlch there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services. If you are not in the business of providing professional health care services, Paragraph (d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage" to property: (a) Owned, occupied or used by, Page 10 of 24 Form SS 00 08 04 05 (b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager. c. Temporary Custodians Of Your Property Any person or organization having proper temporary custody of your property if you die, but only: (1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance. e. Unnamed Subsidiary Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Part. The insurance afforded herein for any subsidiary not shown in the Declarations as a named insured does not apply to Injury or damage with respect to which an insured under this insurance is also an Insured under another policy or would be an insured under such policy but for its termination or upon the exhaustion of its limits of insurance. 3. Newly Acquired Or Formed Organization Any organization you newly acquire or form, other than a partnership, joint venture or limited liability company, and over which you maintain financial interest of more than 50% of the voting stock, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: 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; and BUSINESS LIABILITY COVERAGE FORM b. Coverage under this provision does not apply to: (1) "Bodily injury" or "property damage" that occurred; or (2) "Personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. 4. Operator Of Mobile Equipment With respect to "mobile equipment" registered in your name under any motor vehicle registration law, any person Is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily Injury" to a co -"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 5. Operator of Nonowned Watercraft With respect to watercraft you do not own that is less than 61 feet long and is not being used to carry persons for a charge, any person is an insured while operating such watercraft with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the watercraft, and only if no other Insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to: a. "Bodily injury" to a co -"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision. 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) Identified in Paragraphs a. through f. below are additional Insureds when you have agreed, in a written Form SS 00 08 04 05 Page 11 of 24 BUSINESS LIABILITY COVERAGE FORM contract, written agreement or because of a (e) Any failure to make such permit Issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the Injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the A person or organization is an additional products; (f) Demonstration, installation, insured under this provision only for that period of time required by the contract, servicing or repair operations, agreement or permit, except such operations performed However, no such person or organization is an at the vendor's premises in connection with the sale of the additional insured under this provision if such product; person or organization is included as an additional insured by an endorsement issued (9) Products which, after distribution by us and made a part of this Coverage Part, or sale by you, have been labeled including all persons or organizations added or relabeled or used as a as additional insureds under the specific container, part or ingredient of any additional insured coverage grants in Section other thing or substance by or for F. — Optional Additional Insured Coverages. the vendor; or a. Vendors (h) "Bodily Injury" or "property damage" arising out of the sole Any person(s) or organizations) (referred to negligence of the vendor for its below as vendor), but only with respect to own acts or omissions or those "bodily injury" or "property damage" arising its employees or anyone else out of "your products" which are distributed acting on Its behalf. However, this or sold in the regular course of the vendor's exclusion does not apply to: business and only if this Coverage Part provides coverage for "bodily injury" or (h The exceptions contained In "property damage" included within the Subparagraphs (d) or (t); or "products -completed operations hazard". (ii) Such inspections, adjustments, (1) The insurance afforded to the vendor tests or servicing as the vendor is subject to the following additional has agreed to make or normally exclusions: undertakes to make in the usual This insurance does not apply to: course of business, in connection with the distribution (a) "Bodily injury". or "property or sale of the products, damage" for which the vendor is (2) This insurance does not apply to any obligated to pay damages by insured person or organization from reason of the assumption of whom you have acquired such products, liability in a contract or agreement. or any ingredient, part or container, This exclusion does not apply to entering into, accompanying or liability for damages that the containing such products. vendor would have in the absence of the contract or agreement; b. Lessors Of Equipment (b) Any express warranty (1) Any person or organization from unauthorized by you; whom you lease equipment; but only with respect to their liability for "bodily (c) Any physical or chemical change injury", "property damage" or in the product made intentionally "personal and advertising injury" by the vendor; caused, in whole or in part, by your (d) Repackaging, except when maintenance, operation or use of unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; Page 12 of 24 Form SS 00 08 04 05 (2) With respect to the insurance afforded to these additional insureds, this Insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises (1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: (a) Any "occurrence" which takes place after you cease to lease that land or be a tenant in that premises; or (b) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. d. Architects, Engineers Or Surveyors (1) Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury". "properly damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf. (a) in connection with your premises; or (b) in the performance of your ongoing operations performed by you or on your behalf. (2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This Insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. BUSINESS LIABILITY COVERAGE FORM e. Permits Issued By State Or Political Subdivisions (1) Any state or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or political subdivision has Issued a permit. (2) With respect to the insurance afforded to these additional insureds, this Insurance does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the state or municipality; or (b) "Bodily injury" or "property damage" included within the "products - completed operations hazard". f. Any Other Party (1) Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising Injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) in connection with "your work" and Included within the "products - completed operations hazard", but only If (i) The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products - completed operations hazard". (2) With respect to the Insurance afforded to these additional insureds, this insurance does not apply to: "Bodily Injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: Form SS 00 08 04 05 Page 13 of 24 BUSINESS LIABILITY COVERAGE FORM (a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. The limits of insurance that apply to additional insureds are described in Section D. — Limits Of Insurance, How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. — Liability And Medical Expenses General Conditions. No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named insured in the Declarations. D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE 1. The Most We Will Pay The Limits of Insurance shown in the Declarations and the rules below fix the most we will pay regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. persons or organizations making claims or bringing "suits". 2. Aggregate Limits The most we will pay for: a. Damages because of 'bodily injury" and "property damage" included in the "products -completed operations hazard" is the Products -Completed Operations Aggregate Limit shown in the Declarations. b. Damages because of all other "bodily Injury", "property damage" or "personal and advertising injury", including medical expenses, is the General Aggregate Limit shown in the Declarations. This General Aggregate Limit applies separately to each of your "locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway or right-of-way of a railroad. This General Aggregate limit does not apply to "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of fire, lightning or explosion. 3. Each Occurrence Limit Subject to 2.a. or 2.b above, whichever applies, the most we will pay for the sum of all damages because of all "bodily injury", "property damage" and medical expenses arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown in the Declarations. The most we will pay for all medical expenses because of "bodily injury" sustained by any one person is the Medical Expenses Limit shown in the Declarations. 4. Personal And Advertising Injury Limit Subject to 2.b. above, the most we will pay for the sum of all damages because of all "personal and advertising Injury" sustained by any one person or organization is the Personal and Advertising Injury Limit shown in the Declarations. 5. Damage To Premises Rented To You Limit The Damage To Premises Rented To You Limit is the most we will pay under Business Liability Coverage for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning or explosion, while rented to you or temporarily occupied by you with permission of the owner. In the case of damage by fire, lightning or explosion, the Damage to Premises Rented To You Limit applies to all damage proximately caused by the same event, whether such damage results from fire, lightning or explosion or any combination of these. 8. Now Limits Apply To Additional Insureds The most we will pay on behalf of a person or organization who Is an additional insured under this Coverage Part is the lesser of: a. The limits of Insurance specified in a written contract, written agreement or permit issued by a state or political subdivision; or b. The Limits of Insurance shown in the Declarations. Such amount shall be a part of and not in addition to the Limits of Insurance shown In the Declarations and described in this Section. Page 14 of 24 Form SS 00 08 04 05 If more than one limit of insurance under this policy and any endorsements attached thereto applies to any claim or "suit", the most we will pay under this policy and the endorsements is the single highest limit of liability of all coverages applicable to such claim or "suit". However, this paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3. above. The Limits of Insurance of this Coverage Part apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with the beginning of the policy period shown in the Declarations, unless the policy period is extended after issuance for an additional period of less than 12 months. In that case, the additional period will be deemed part of the last preceding period for purposes of determining the Limits of insurance. E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS 1. Bankruptcy Bankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our obligations under this Coverage Part. 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit a. Notice Of Occurrence Or Offense You or any additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: (1) How, when and where the "occurrence" or offense took place; (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. Notice Of Claim If a claim is made or "suit" is brought against any insured, you or any additional insured must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You or any additional Insured must see to it that we receive a written notice of the claim or "suit" as soon as practicable. c. Assistance And Cooperation Of The Insured You and any other involved insured must: BUSINESS LIABILITY COVERAGE FORM (1) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investigation, settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organization that may be liable to the insured because of injury or damage to which this insurance may also apply. d. Obligations At The Insured's Own Cost No insured will, except at that Insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aidrwithout our consent. e. Additional Insured's Other Insurance if we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to an additional insured, such additional Insured must submit such claim or "suit" to the other insurer for defense and indemnity. However, this provision does not apply to the extent that you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance. f. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence", offense, claim or "suit" is known to: (1) You or any additional Insured that Is an individual; (2) Any partner, 9 you or an additional insured is a partnership; (3) Any manager, if you or an additional insured is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured Is a political subdivision or public entity. Form SS 00 08 04 05 Page 15 of 24 BUSINESS LIABILITY COVERAGE FORM This Paragraph f. applies separately to you and any additional insured. 3. Financial Responsibility Laws a. When this policy is certified as proof of financial responsibility for the future under the provisions of any motor vehicle financial responsibility law, the insurance provided by the policy for "bodily injury" liability and "property damage" liability will comply with the provisions of the law to the extent of the coverage and limits of Insurance required by that law. b. With respect to "mobile equipment" to which this insurance applies, we will provide any liability, uninsured motorists, underinsured motorists, no-fault or other coverage required by any motor vehicle law. We will provide the required limits for those coverages. 4. Legal Action Against Us No person or organization has a right under this Coverage Form: a. To join us as a party or otherwise bring us Into a "suit" asking for damages from an insured; or b. To sue us on this Coverage Form unless all of its terms have been fully complied with. A person or organization may sue us to recover on an agreed settlement or on a final judgment against an insured; but we will not be liable for damages that are not payable under the terms of this insurance or that are in excess of the applicable limit of insurance. An agreed settlement means a settlement and release of liability signed by us, the insured and the claimant or the claimants legal representative. S. Separation Of Insureds Except with respect to the Limits of insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this Insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. 6. Representations a. When You Accept This Policy By accepting this policy, you agree: (1) The statements in the Declarations are accurate and complete; (2) Those statements are based upon representations you made to us; and (3) We have issued this policy in reliance upon your representations. b. Unintentional Failure To Disclose Hazards If unintentionally you should fail to disclose all hazards relating to the conduct of your business at the inception date of this Coverage Part, we shall not deny any coverage under this Coverage Part because of such failure. 7. Other insurance If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. if other insurance is also primary, we will share with all that other insurance by the method described in c, below. b. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: (1) Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work'; (2) Premises Rented To You That is fire, lightning or explosion Insurance for premises rented to you or temporarily occupied by you with permission of the owner; (3) Tenant Liability That Is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft if the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section A. — Coverages. (5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section A. — Coverages. Page 16 of 24 Form SS 00 08 04 05 (6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or (7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part: (a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. if other Insurance is also primary, we will share with all that other insurance by the method described in c. below. (b) Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed In a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs (a) and (b) do not apply to other insurance to which the additional Insured has been added as an additional insured. When this insurance is excess, we will have no duty under this Coverage Part to defend the Insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. BUSINESS LIABILITY COVERAGE FORM When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such other Insurance would pay for the loss in the absence of this insurance; and (2) The total of all deductible and self- insured amounts under all that other insurance. We will share the remaining loss, if any, with any other Insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. c. Method Of Sharing If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until It has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share Is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. 8. Transfer Of Rights Of Recovery Against Others To Us a. Transfer Of Rights Of Recovery If the insured has rights to recover all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, those rights are transferred to us. The insured must do nothing after toss to impair them. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the Insured has waived any rights of recovery against any person or organization for all or part of any payment, Including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. Form SS 00 08 04 05 Page 17 of 24 BUSINESS LIABILITY COVERAGE FORM F. OPTIONAL ADDITIONAL INSURED 3. Additional Insured -Grantor Of Franchise COVERAGES WHO IS AN INSURED under Section C. is If listed or shown as applicable in the Declarations, amended to include as an additional insured one or more of the following Optional Additional the person(s) or organizations) shown in the Insured Coverages also apply. When any of these Declarations as an Additional Insured - Optional Additional Insured Coverages apply, Grantor Of Franchise, but only with respect to Paragraph 6. (Additional Insureds When Required their liability as grantor of franchise to you. by Written Contract, Written Agreement or Permit) 4. Additional Insured - Lessor Of Leased of Section C., Who Is An Insured, does not apply Equipment to the person or organization shown in the a. WHO IS AN INSURED under Section C. is Declarations. These coverages are subject to the amended to include as an additional terms and conditions applicable to Business insured the person(s) or organization(s) Liability Coverage in this policy, except as shown in the Declarations as an Additional provided below: Insured — Lessor of Leased Equipment, 1. Additional Insured - Designated Person Or but only with respect to liability for "bodily Organization injury", "property damage" or "personal WHO IS AN INSURED under Section C. is and advertising injury" caused, in whole or amended to include as an additional insured in part, by your maintenance, operation or the person(s) or organization(s) shown in the use of equipment leased to you by such Declarations, but only with respect to liability person(s) or organization(s). for "bodily injury", "property damage" or b. With respect to the insurance afforded to "personal and advertising injury" caused, In these additional insureds, this insurance whole or in part, by your ads or omissions or does not apply to any 'occurrence" which the acts or omissions of those acting on your takes place after you cease to lease that behalf: equipment. a. In the performance of your ongoing 5. Additional Insured - Owners Or Other operations; or Interests From Whom Land Has Been b. In connection with your premises owned Leased by or rented to you. a. WHO 1S AN INSURED under Section C. is 2. Additional Insured - Managers Or Lessors amended to include as an additional Of Premises insured the person(s) or organization(s) shown in the Declarations as an Additional a. WHO IS AN INSURED under Section C. is Insured — Owners Or Other Interests From amended to include as an additional insured Whom Land Has Been Leased, but only the person(s) or organization(s) shown in the with respect to liability arising out of the Declarations as an Additional Insured - ownership, maintenance or use of that part Designated Person Or Organization; but only of the land leased to you and shown in the with respect to liability arising out of the Declarations. ownership, maintenance or use of that part of b. With respect to the insurance afforded to the premises leased to you and shown in the these additional insureds, the following Declarations. additional exclusions apply: b. With respect to the Insurance afforded to This insurance does not apply to: these additional insureds, the following additional exclusions apply: (1) Any "occurrence" that takes place This insurance does not apply to: after you cease to lease that land; or (1) Any "occurrence" which takes place (2) Structural alterations, new after you cease to be a tenant in that construction or demolition operations premises; or performed by or on behalf of such person or organization. (2) Structural alterations, new construction or demolition operations 6. Additional Insured - State Or Political performed by or on behalf of such Subdivision —Permits person or organization. a. WHO IS AN INSURED under Section C. is amended to include as an additional insured the state or political subdivision shown in the Declarations as an Additional Page 18 of 24 Form SS 00 08 04 05 BUSINESS LIABILITY COVERAGE FORM Insured — State Or Political Subdivision - (e) Any failure to make such Permits, but only with respect to inspections, adjustments, tests or operations performed by you or on your servicing as the vendor has agreed behalf for which the state or political to make or normally undertakes to subdivision has issued a permit. make In the usual course of b. With respect to the insurance afforded to business, in connection with the these additional Insureds, the following distribution or sale of the products; additional exclusions apply: (f) Demonstration, installation, This Insurance does not apply to: servicing or repair operations, except such operations performed (1) "Bodily injury", "property damage" or at the vendor's premises In "personal and advertising injury" connection with the sale of the arising out of operations performed for product; the state or municipality; or (g) Products which, after distribution (2) "Bodily injury" or "property damage" or sale by you, have been labeled Included In the "product -completed or relabeled or used as a operations" hazard. container, part or ingredient of any 7. Additional Insured —Vendors other thing or substance by or for a. WHO IS AN INSURED under Section C. is the vendor; or amended to include as an additional (h) "Bodily injury" or "property insured the person(s) or organization(s) damage" arising out of the sole (referred to below as vendor) shown In the negligence of the vendor for its Declarations as an Additional Insured - own acts or omissions or those of Vendor, but only with respect to "bodily its employees or anyone else injury" or "property damage" arising out of acting on its behalf. However, this "your products" which are distributed or exclusion does not apply to: sold in the regular course of the vendor's (1) The exceptions contained in business and only if this Coverage Part Subparagraphs (d) or (f); or provides coveragefor "bodily injury" or (ii) Such Inspections, �� property damage included within the adjustments, tests or servicing "products -completed operations hazard". the vendor has agreed is b. The insurance afforded to the vendor Is m normally undertakes make sub' to the following additional exclusions: J� 9 to make in the usual course of a (1) This insurance does not apply to: business, in connection with (a) "Bodily injury" or "property the distribution or sale of the damage" for which the vendor is products. obligated to pay damages by (2) This insurance does not apply to any reason of the assumption of insured person or organization from liability in a contract or agreement, whom you have acquired such This exclusion does not apply to products, or any ingredient, part or liability for damages that the container, entering into, vendor would have in the absence accompanying or containing such of the contract or agreement; products. (b) Any express warranty 8. Additional insured — Controlling interest unauthorized by you; WHO IS AN INSURED under Section C. is (c) Any physical or chemical change amended to include as an additional insured in the product made intentionally the person(s) or organization(s) shown in the by the vendor; Declarations as an Additional Insured — (d) Repackaging, unless unpacked Controlling Interest, but only with respect to solely for the purpose of inspection, their liability arising out of: demonstration, testing, or the a. Their financial control of you; or substitution of parts under b. Premises they own, maintain or control instructions from the manufacturer, while you lease or occupy these premises. and then repackaged in the original container; Form SS 00 08 04 05 Page 1g of 24 BUSINESS LIABILITY COVERAGE FORM This insurance does not apply to structural The limits of insurance that apply to additional alterations, new construction and demolition insureds are described in Section D. — Limits Of operations performed by or for that person or Insurance. organization. How this insurance applies when other Insurance 9. Additional Insured — Owners, Lessees Or Is available to an additional insured is described in Contractors — Scheduled Person Or the Other Insurance Condition in Section E. — Organization Liability And Medical Expenses General a. WHO IS AN INSURED under Section C. is Conditions. amended to include as an additional G. LIABILITY AND MEDICAL EXPENSES insured the person(s) or organization(s) DEFINITIONS shown in the Declarations as an Additional Insured — Owner, Lessees Or Contractors, 1 • "Advertisement" means the widespread public but only with respect to liability for "bodily dissemination of information or images that injury", "property damage" or "personal has the purpose of inducing the sale of goods, and advertising injury" caused, In whole or products or services through: in part, by your acts or omissigns or the a. (1) Radio; acts or omissions of those acting on your (2) Television; behalf: (3) Billboard; (1) In the performance of your ongoing (4) Magazine; operations for the additional (5) Newspaper; insured(s); or (2) In connection with "your work" b. The Internet, but only that part of a web performed for that additional Insured site that is about goods, products or and included within the "products- services for the purposes of inducing the completed operations hazard", but sale of goods, products or services; or only if this Coverage Part provides c. Any other publication that is given coverage for "bodily injury" or widespread public distribution. "property damage" included within the However, "advertisement" does not include: "products -completed operations a. The design, printed material, information h��„ or images contained in, on or upon the b.. With respect to the insurance afforded to packaging or labeling of any goods or these additional insureds, this insurance products; or does not apply to "bodily injury", "property b. An Interactive conversation between or damage" or "personal an advertising among persons through a computer network. injury" arising out of the rendering of, or the failure to render, any professional 2. "Advertising Idea" means any idea for an architectural, engineering or surveying "advertisement". services, including: 3. "Asbestos hazard" means an exposure or (1) The preparing, approving, or failure to threat of exposure to the actual or alleged prepare or approve, maps, shop properties of asbestos and includes the mere drawings, opinions, reports, surveys, presence of asbestos in any form. field orders, change orders, designs or 4. "Auto" means a land motor vehicle, trailer or drawings and specifications; or semi -trailer designed for travel on public (2) Supervisory, inspection, architectural roads, including any attached machinery or or engineering activities. equipment. But "auto" does not include 10. Additional insured — Co -Owner Of Insured "mobile equipment". Premises 5. "Bodily injury" means physical: WHO IS AN INSURED under Section C. is a. Injury; amended to include as an additional insured b. Sickness; or the person(s) or Organization(s) shown in the c. Disease Declarations as an Additional Insured — Co - Owner Of Insured Premises, but only with sustained by a person and, if arising out of the respect to their liability as co-owner of the above, mental anguish or death at any time. premises shown in the Declarations. 8. "Coverage territory" means: Page 20 of 24 Form SS 00 08 04 05 a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included In a, above; c. All other parts of the world If the injury or damage arises out of: (1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described In a. above, but is away for a short time on your business; or (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication provided the insured's responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory, or in a settlement we agree to. T. "Electronic data" means information, facts or programs: a. Stored as or on; b. Created or used on; or c. Transmitted to or from computer software, including systems and applications software, hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. 8. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker". 9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, by-laws or any other similar governing document. 10. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be. 11. "Impaired property" means tangible property, other than "your product" or "your work that cannot be used or is less useful because: a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or BUSINESS LIABILITY COVERAGE FORM b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by: a. The repair, replacement, adjustment or removal of "your product" or "your work"; or b. Your fulfilling the terms of the contract or agreement. 12. "Insured contract' means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage To Premises Rented To You limit described in Section D. — Liability and Medical Expenses Limits of Insurance. b. A sidetrack agreement; c. Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 fleet of a railroad; d. Any obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; or f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily Injury" or "property damage" to a third person or organization, provided the "bodily injury" or "property damage" is caused, in whole or in part, by you or by those acting on your behalf. Tort liability means a liability that would be Imposed by law in the absence of any contract or agreement. Paragraph If. includes that part of any contract or agreement that indemnifies a railroad for "bodily Injury" or "property damage" arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing. However, Paragraph f. does not Include that part of any contract or agreement: Form SS 00 08 04 05 Page 21 of 24 BUSINESS LIABILITY COVERAGE FORM (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Giving directions or Instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. 13. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not Include a "temporary worker". 14. "Loading or unloading" means the handling of property: a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto"; b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not Include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto". 15. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads; d. Vehicles, whether self-propelled or not, on which are permanently mounted: (1) Power cranes, shovels, loaders, diggers or drills, or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c., or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: (1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or (2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c., or d. above maintalned primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": (1) Equipment, of at least 1,000 pounds gross vehicle weight, designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning; (2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. 16. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions. 17. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses: a. False arrest, detention or imprisonment; b. Malicious prosecution; Page 22 of 24 Form SS 00 08 04 05 c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that the person occupies, committed by or on behalf of its owner, landlord or lessor; d. Oral, written or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written or electronic publication of material that violates a person's right of privacy; f. Copying, in your "advertisement', a person's or organization's "advertising Idea" or style of "advertisement"; g. Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement"; or h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person. 18. "PotlutarW means any solid, liquid, gaseous or thermal instant or contaminant, including smoke, vapor, soot, fumes, adds, alkalis, chemicals and waste. Waste Includes materials to be recycled, reconditioned or reclaimed. 19. "Products -completed operations hazard"; a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product' or "your work" except: (1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed to be completed at the earliest of the following times: (a) When all of the work called for In your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. (c) When that part of the work done at a job site has been put to its Intended use by any person or organization other than another contractor or subcontractor working on the same project. BUSINESS LIABILITY COVERAGE FORM Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed. The "bodily injury" or "property damage" must occur away from premises you own or rent, unless your business includes the selling, handling or distribution of "your product" for consumption on premises you own or rent, b. Does not include "bodily injury" or "property damage" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition In or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any Insured; or (2) The existence of tools, uninstalled equipment or abandoned or unused materials, 20. "Property damage" means: a. physical Injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of "occurrence" that caused it. As used in this definition, "electronic data" Is not tangible property. 21. "Suit" means a civil proceeding in which damages because of "bodily Injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes: a. An arbitration proceeding In which such damages are claimed and to which the insured must submit or does submit with our consent; or b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent. 22. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions. 23. "Volunteer worker" means a person who: a. is not your "employee"; Form SS 00 08 04 05 Page 23 of 24 BUSINESS LIABILITY COVERAGE FORM b. Donates his or her work; c. Acts at the direction of and within the scope of duties determined by you; and d. is not paid a fee, salary or other compensation by you or anyone else for their work performed for you. 24. "Your product': a. Means: (1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by: (a) You; (b) Others trading under your name; or (c) A person or organization whose business or assets you have acquired;'and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and (2) The providing of or failure to provide warnings or Instructions. c. Does not Include vending machines or other property rented to or located for the use of others but not sold. 25. "Your work": a. Means: (1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished In connection with such work or operations. b. Includes: (1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work"; and (2) The providing of or failure to provide warnings or instructions. Page 24 of 24 Form SS 00 00 04 05 COMMERCIAL AUTOMOBILE HA 99 16 03 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM To the extent that the provisions of this endorsement provide broader benefits to the "insured" than other provisions of the Coverage Form, the provisions of this endorsement apply. 1. BROAD FORM INSURED d. Any "employee" of yours while using a A. Subsidiaries and Newly Acquired or covered "auto" you don't own, hire or Formed Organizations borrow in your business or your The Named Insured shown in the personal affairs. Declarations is amended to include: C. Lessors as Insureds (1) Any legal business entity other than a partnership or joint venture, formed as a subsidiary in which you have an ownership interest of more than 50% on the effective date of the Coverage Form. However, the Named Insured does not include any subsidiary that is an "Insured" under any other automobile policy or would be an "insured" under such a policy but for its termination or the exhaustion of its Limit of Insurance. (2) Any organization that is acquired or formed by you and over which you maintain majority ownership. However, the Named Insured does not include any newly formed or acquired organization: (a) That is a partnership or joint venture, (b) That is an "insured" under any other policy, (c) That has exhausted its Limit of Insurance under any other policy, or (d) 180 days or more after its acquisition or formation by you, unless you have given us notice of the acquisition or formation. Coverage does not apply to "bodily injury' or "property damage" that results from an "accident" that occurred before you formed or acquired the organization. S. Employees as Insureds Paragraph A.1. - WHO IS AN INSURED - of SECTION Il - LIABILITY COVERAGE is amended to add., Paragraph AA. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: e. The lessor of a covered "auto" while the "auto" is leased to you under a written agreement if: (1) The agreement requires you to provide direct primary insurance for the lessor and (2) The "auto" is leased without a driver. Such a leased "auto" will be considered a covered "auto" you own and not a covered "auto" you hire. D. Additional Insured If Required by Contract (1) Paragraph A.1. - WHO IS AN INSURED - of Section II - Liability Coverage is amended to add: f. When you have agreed, in a written contract or written agreement, that a person or organization be added as an additional insured on your business auto policy, such person or organization Is an "insured", but only to the extent such person or organization is liable for "bodily Injury" or "property damage" caused by the conduct of an "insured" under paragraphs a. or b. of Who Is An Insured with regard to the ownership, maintenance or use of a covered "auto." ® 2011, The Hartford (Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc., with its permission.) Page 1 of 5 The insurance afforded to any such E. Primary and Non -Contributory if additional insured applies only if the Required by Contract "bodily injury" or "property damage" Only with respect to insurance provided to occurs: an additional insured in I.D. - Additional (1) During the policy period, and Insured if Required by Contract, the (2) Subsequent to the execution of such following provisions apply: written contract, and (3) Primary Insurance When Required By (3) Prior to the expiration of the period Contract of time that the written contract This insurance is primary 9 you have requires such insurance be provided agreed in a written contract or written to the additional insured. agreement that this insurance be (2) How Limits Apply primary. If other insurance is also If you have agreed in a written contract primary, we will share with all that other or written agreement that another insurance by the method described in person or organization be added as an Other Insurance 5.d. additional insured on your policy, the (4) Primary And Non -Contributory To Other most we will pay on behalf of such Insurance When Required By Contract additional insured is the lesser of: if you have agreed in a written contract (a) The limits of insurance speed in or written agreement that this insurance the written contract or written is primary and non-contributory with the agreement; or additional insured's own insurance, this (b) The Limits of insurance shown in insurance is primary and we will not the Declarations. seek contribution from that other Insurance. Such amount shall be a part of and not Paragraphs (3) and (4) do not apply to other In addition to Limits of Insurance shown insurance to which the additional insured in the Declarations and described in this has been added as an additional insured. Section. (3) Additional Insureds Other Insurance When this insurance is excess, we will have no duty to defend the insured against any suit' if If we cover a claim or "suit" under this any other insurer has a duty to defend the Coverage Part that may also be covered insured against that "suit". If no other Insurer by other insurance available to an defends, we will undertake to do so, but we will additional insured, such additional be entitled to the insured's rights against all insured must submit such claim or "suit" those other Insurers. to the other insurer for defense and When this insurance is excess over other indemnity. insurance, we will pay only our share of the However, this provision does not apply amount of the loss, if any, that exceeds the sum to the extent that you have agreed in a of: written contract or written agreement (1) The total amount that all such other t that this insurance is primary and non- insurance would pay for the loss in the contributory with the additional insured's absence of this insurance; and own insurance. (4) Duties in The Event Of Accident, Claim, (2) The total of all deductible and seWinsured Suit or Loss amounts under all that other insurance. If you have agreed in a written contract We will share the remaining loss, if any, by the or written agreement that another method described in Other Insurance 5.d. person or organization be added as an 2. AUTOS RENTED BY EMPLOYEES additional insured on your policy, the Any "auto" hired or rented by your "employee" additional insured shall be required to on your behalf and at your direction will be comply with the provisions in LOSS considered an "auto" you hire. CONDITIONS 2. - DUTIES IN THE The OTHER INSURANCE Condition is amended EVENT OF ACCIDENT, CLAIM , SUIT by adding the following: OR LOSS — OF SECTION IV — BUSINESS AUTO CONDITIONS, in the same manner as the Named Insured. ® 2011, The Hartford (Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc., with its permission.) Page 2 of 5 If an "employee's" personal insurance also 5. applies on an excess basis to a covered "auto" hired or rented by your "employee" on your behalf and at your direction, this insurance will be primary to the "employee's" personal insurance. 3. AMENDED FELLOW EMPLOYEE EXCLUSION EXCLUSION 5. - FELLOW EMPLOYEE - of SECTION II - LIABILITY COVERAGE does not apply if you have workers' compensation Insurance in -force covering all of your "employees". Coverage is excess over any other collectible insurance. 4. HIRED AUTO PHYSICAL DAMAGE COVERAGE If hired "autos" are covered "autos" for Liability Coverage and if Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form for any "auto" you own, then the Physical Damage Coverages provided are extended to "autos" you hire or borrow, subject to the following limit. The most we will pay for "loss" to any hired "auto" is: (1) $100,000; (2) The actual cash value of the damaged or stolen property at the time of the "loss'; or (3) The cost of repairing or replacing the damaged or stolen property, whichever is smallest, minus a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. No deductible applies to "loss" caused by fire or lightning. Hired Auto Physical Damage coverage is excess over any other collectible insurance. Subject to the above limit, deductible and excess provisions, we will provide coverage equal to the broadest coverage applicable to any covered "auto" you own. We will also cover loss of use of the hired "auto" If it results from an "accident", you are legally liable and the lessor incurs an actual fmanclal loss, subject to a maximum of $1000 per "accident". This extension of coverage does not apply to any "auto" you hire or borrow from any of your "employees", partners (if you are a partnership), members (if you are a limited liability company), or members of their households. PHYSICAL DAMAGE - ADDITIONAL TEMPORARY TRANSPORTATION EXPENSE COVERAGE Paragraph AA.a. of SECTION 111 - PHYSICAL DAMAGE COVERAGE is amended to provide a limit of $50 per day and a maximum limit of $1,000. 6. LOAN/LEASE GAP COVERAGE Under SECTION III - PHYSICAL DAMAGE COVERAGE, in the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the "loss" and the "outstanding balance" of the IoanAease. "Outstanding balance" means the amount you owe on the IoanAease at the time of "loss" less any amounts representing taxes; overdue payments; penalties, interest or charges resulting from overdue payments; additional mileage charges; excess wear and tear charges; lease termination fees; security deposits not returned by the lessor, costs for extended warranties, credit life Insurance, health, accident or disability insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 7. AIRBAG COVERAGE Under Paragraph B. EXCLUSIONS - of SECTION Ill - PHYSICAL DAMAGE COVERAGE, the following is added: The exclusion relating to mechanical breakdown does not apply to the accidental discharge of an airbag. 8. ELECTRONIC EQUIPMENT - BROADENED COVERAGE a. The exceptions to Paragraphs B.4 - EXCLUSIONS - of SECTION Ill - PHYSICAL DAMAGE COVERAGE are replaced by the following: Exclusions 4.c. and 4.d. do not apply to equipment designed to be operated solely by use of the power from the "auto's" electrical system that, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto"; (2) Removable from a housing unit which is permanently installed in or upon the covered "auto' (3) An Integral part of the same unit housing any electronic equipment described in Paragraphs (1) and (2) above; or ® 2011, The Hartford (Includes copyrighted material Form HA 9916 0312 of ISO Properties, Inc., with its permission.) Page 3 of 5 (4) Necessary for the normal operation of the covered "auto" or the monitoring of the covered "auto's" operating system. b.Section III — Version CA 00 01 03 10 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of Insurance, Paragraph C.2 and Version CA 00 01 10 01 of the Business Auto Coverage Form, Physical Damage Coverage, Limit of insurance, Paragraph C are each amended to add the following: $1,500 is the most we will pay for "loss" in any one "accident" to all electronic equipment (other than equipment designed solely for the reproduction of sound, and accessories used with such equipment) that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: (1) Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the installation of such equipment; (2) Removable from a permanently Installed housing unit as described In Paragraph 2.a, above or is an Integral part of that equipment; or (3) An integral part of such equipment. c. For each covered "auto", should loss be limited to electronic equipment only, our obligation to pay for, repair, return or replace damaged or stolen electronic equipment will be reduced by the applicable deductible shown in the Declarations, or $250, whichever deductible is less. 9. EXTRA EXPENSE - BROADENED COVERAGE Under Paragraph A. - COVERAGE - of SECTION 111 - PHYSICAL DAMAGE COVERAGE, we will pay for the expense of returning a stolen covered "auto" to you. 10. GLASS REPAIR - WAIVER OF DEDUCTIBLE Under Paragraph D. - DEDUCTIBLE - of SECTION Ili - PHYSICAL DAMAGE COVERAGE, the following is added: No deductible applies to glass damage if the glass is repaired rather than replaced. 11. TWO OR MORE DEDUCTIBLES Under Paragraph D. - DEDUCTIBLE - of SECTION III - PHYSICAL DAMAGE COVERAGE, the following is added: If another Hartford Financial Services Group, Inc, company policy or coverage form that is not an automobile policy or coverage form applies to the same "accident", the following applies: (1) if the deductible under this Business Auto Coverage Form is the smaller (or smallest) deductible, it will be waived; (2) If the deductible under this Business Auto Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. 12. AMENDED DUTIES IN THE EVENT OF ACCIDENT, CLAiM, SUIT OR LOSS The requirement in LOSS CONDITIONS 2.a. - DUTIES IN THE EVENT OF ACCIDENT,CLAIM, SUIT OR LOSS - of SECTION IV - BUSINESS AUTO CONDITIONS that you must notify us of an "accident' applies only when the "accident" is known to: (1) You, If you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. 13. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If you unintentionally fail to disclose any hazards existing at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 14. HIRED AUTO - COVERAGE TERRITORY Paragraph e. of GENERAL CONDITIONS 7. - POLICY PERIOD, COVERAGE TERRITORY - of SECTION IV - BUSINESS AUTO CONDITIONS is replaced by the following: e. For short-term hired "autos", the coverage territory with respect to Liability Coverage is anywhere in the world provided that If the "insured's" responsibility to pay damages for "bodily injury" or "property damage" is determined in a "suit," the "suit" is brought in the United States of America, the territories and possessions of the United States of America, Puerto Rico or Canada or in a settlement we agree to. 15. WAIVER OF SUBROGATION TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US - of SECTION IV - BUSINESS AUTO CONDITIONS is amended by adding the following: ® 2011, The Hartford (Includes copyrighted material Form HA 9916 0312 of 180 Properties, Inc., with its permission.) Page 4 of 5 We waive any right of recovery we may have against any person or organization with whom you have a written contract that requires such waiver because of payments we make for damages under this Coverage Form. 16. RESULTANT MENTAL ANGUISH COVERAGE The definition of "bodily injury" in SECTION V - DEFINITIONS is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by any person, including mental anguish or death resulting from any of these. 17. EXTENDED CANCELLATION CONDITION Paragraph 2. of the COMMON POLICY CONDITIONS - CANCELLATION - applies except as follows: If we cancel for any reason other than nonpayment of premium, we will mail or deliver to the first Named Insured written notice of cancellation at least 60 days before the effective date of cancellation. 18. HYBRID, ELECTRIC, OR NATURAL GAS VEHICLE PAYMENT COVERAGE In the event of a total loss to a "non -hybrid" auto for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended as follows: a.if the auto Is replaced with a "hybrid" auto or an auto powered solely by electricity or natural gas, we will pay an additional 10°x6, to a maximum of $2,500, of the "non -hybrid" auto's actual cash value or replacement cost, whichever is less, b.The auto must be replaced and a copy of a bill of sale or new lease agreement received by us within 60 calendar days of the date of "toss," c. Regardless of the number of autos deemed a total loss, the most we will pay under this Hybrid, Electric, or Natural Gas Vehicle Payment Coverage provision for any one "loss" is $10,000. For the purposes of the coverage provision, a.A "non -hybrid" auto is defined as an auto that uses only an internal combustion engine to move the auto but does not include autos powered solely by electricity or natural gas. b.A "hybrid" auto is defined as an auto with an Internal combustion engine and one or more electric motors; and that uses the internal combustion engine and one or more electric motors to move the auto, or the internal combustion engine to charge one or more electric motors, which move the auto. 19. VEHICLE WRAP COVERAGE In the event of a total loss to an "auto" for which Comprehensive, Specified Causes of Loss, or Collision coverages are provided under this Coverage Form, then such Physical Damage Coverages are amended to add the following: In addition to the actual cash value of the "auto", we will pay up to $1,000 for vinyl vehicle wraps which are displayed on the covered "auto" at the time of total loss. Regardless of the number of autos deemed a total loss, the most we will pay under this Vehicle Wrap Coverage provision for any one "loss" Is $5,000. For purposes of this coverage provision, signs or other graphics painted or magnetically affixed to the vehicle are not considered vehicle wraps. 0 2011, The Hartford (Includes copyrighted material Form HA 9016 0312 of ISO Properties, Inc., with its permission.) Page 6 of 5 RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: City Cierk City of Meridian 33 E. Broadwav Avenue Meridian, ID 83642 ADA COUNTY RECORDER Christopher D. Rich 2016-001012 BOISE IDAHO Pgs=S DAWN TRIVOLIS 01/06/2016 10:12 AM MERIDIAN CITY NO FEE (I'IIII'II'II'III'I'�II�'IIIIIII'I IIIII'I IIIII'l) 00181618201600010120060066 (Space Above For Recorder's Use) STREET LIGHT AND ELECTRICAL MAINTENANCE AGREEMENT: 124 W FRANKLIN ROAD, MERIDIAN This STREET LIGHT AND ELECTRICAL MAINTENANCE AGREEMEN';b2 W FRANKLIN ROAD, MERIDIAN ("Agreement") is made and entered into this day of },< ot rd6, r- , 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), whose address is 33 E. Broadway Ave., Meridian, Idaho, 83642, and Ada County, a duly formed and existing county pursuant to the laws and Constitution of the State of Idaho, whose current address is 200 W. Front Street, Boise, Idaho 83702 referred to herein as "Owner." WHEREAS, as a requirement of the building permit for the new office building at 124 W. Franklin Road, the Owner is required to install a City of Meridian Type 1 street light along the frontage of Franklin Road. WHEREAS, the approved street light plan calls for the new street light to be connected to the existing service pedestal at the northwest coiner of the Franklin Road and Meridian Road intersection, via installing wiring in existing conduit under the sidewalk fronting the Owners property. WHEREAS, the existing conduit is not available, as it is being utilized for the traffic signal interconnect system, and there is no other practical electrical source in the right of way. Connecting to the power transformer in the rear of the property would require installing conduit across the property and providing the City an easement to maintain said conduit, and would require the installation of a metered pedestal within the right of way along Franklin Road. WHEREAS, Owner is willing to connect the new street light to the electrical meter for the property located at 124 W Franklin Road, and pay for electricity to illuminate the street light as part of Owner's electrical bill, and is further willing to bind Owner's successors in interest to such obligation. NOW, THEREFORE, for the exchange of good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: STREET LIGHT AGREEMENT WITH ADA COUNTY. PAGE 1 OF 5 I. OWNERS' COMMITMENTS A. Street Light and conduit. Owner shall install one (1) City Standard Type 1 street light at 124 W Franklin Road, Ada County parcel no. R8342000234 (the "Street Light"). Further, Owner shall install conduit as required, in accordance with City of Meridian 2013 Supplemental Specifications to the Idaho Standards for Public Works Construction. B. Electricity. From the Effective Date of this Agreement forward, Owner shall be responsible for paying Idaho Power Company, its successors and assigns for the provision of electricity required to operate the Street Light. C. Conduit. Owner shall maintain and ensure the integrity of street lighting conduit between the street light Junction box up to the power source on Owner's Property. II. CITY'S COMMITMENTS A. Street Light maintenance. From the Effective Date of this Agreement forward, City shall be responsible for: 1. Replacement, as needed to ensure functionality, of: fuses, wiring, bulbs, ballasts, or photoelectric cells in the Street Light. 2. Replacement and/or repair, as needed due to damage, deterioration, or loss, of the Street Light, and any component or appurtenance thereof, with the exception of conduit. B. Duties upon Termination. At such time that this Agreement is Terminated pursuant to Article III(E), City shall assume responsibility for provision of electricity to the Street Light. C. Recordation. This Agreement shall be recorded by City against the following parcel: Ada County parcel no. R8342000234, legally described as Parcel #0235 of Lots 8 and 9 of Taylor Subdivision as shown in Book 11 of Plats on Page 637, records of Ada County, Idaho. III. GENERAL PROVISIONS. A. Time is of the essence. Owners acknowledge that commitments made under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. B. Default. Any failure to perform the terms and conditions of this Agreement, or any portion thereof, shall be a default hereunder. In the event of a default, the non -defaulting party may serve a written Notice of Default upon the defaulting party by the method set forth herein. Except in case of an imminent or realized threat to the public health, safety, or welfare, the defaulting party shall have thirty (30) days following delivery of such notice to cure or correct the default before the non - defaulting party may seek any and all legal remedies. STREET LIGHT AGREEMENT WITH ADA COUNTY. PAGE 2 OF 5 C. Notices. Any notice desired by the Parties or required by this Agreement shall be deemed delivered after deposit in the United States Mail, postage prepaid, addressed as follows: City: Owner: City of Meridian Attn: City Clerk 33 E. Broadway Ave. Meridian, Idaho 83642 Ada County Operations Attention: Director 200 W. Front Street Boise, ID 83702 D. Binding upon successors. This Agreement shall be binding upon any and all owners of the property located at 124 W. Franklin, Ada County parcel no. R8342000234, legally described as Parcel #0235 of Lots 8 and 9 of Taylor Subdivision as shown in Book 11 of Plats on Page 637, records of Ada County, Idaho. , any and all subsequent owners thereof, and each and every other person acquiring an interest said properly. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the property or any portion thereof, except that any sale or alienation, shall occur subject to the provisions of this Agreement, and any successive owner or owners shall be bound by the conditions and restrictions herein expressed. E. Termination. This Agreement shall terminate at such time that the City installs continuous street lighting along Franklin Road between Meridian Road and SW 5a' Street. Upon Termination, City shall record a Notice of Termination of Agreement in the records of Ada County Idaho. F. Compliance with laws. Throughout the course of this Agreement, Owners shall comply with any and all applicable federal, state, and local laws. G. 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. H. 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. 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. J. 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. STREET LIGHT AGREEMENT WITH ADA COUNTY. PAGE 3 OF 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of k `. t. x_ v„_ .r. 2015 OWNER: ADA COUNTY Board of Ada County Commissioners J5Date: x c By: Ji ibbs, Commissioner Absent, but vk awed'. Rick Yzaguirre, Commissioner i By: D id L. Case, Commissioner ATTEST: Christopher D. Rich, Ada County Clerk y Phil McGrane, Chief STATE OF IDAHO ) ss. County of Ada ) On this % i da f . , c i p -< - e . y o , 2015, before me, a Notary Public, personally appeared Jim Tibbs, l44� and David L. Case, known or identified to me to be the County Commissioners of Ada County, who executed the instrument on behalf of Ada County, and acknowledged to me that Ada County executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. p (SE ,AKA dl S' Notal PAlic for Idaho e. CIS �d Residing 0T -AR r Commission Expires'/ .F see STREET LIGHT AGREEMENT WITH ADA COUNTY. PAGE 4 OF 5 CITY OF MERIDIAN: Tammy r - Attest: STATE OF IDAHO ss County of Ada ) On this ,,;?Q day of2015, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument on behalf of the City of Meridian, 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 in this certificate first above written. *$seem• ®®•'�gSIC� �. . (SEAL) ®rpt'®''Z . m Notary ublic for aho Residing at: Q ` l Commission expires: 1 STREET LIGHT AGREEMENT WITH ADA COUNTY. PAGE 5 OF 5 Meridian City Council Meeting DATE: December 22, 2015 ITEM NUMBER: 5D PROJECT NUMBER: Consent Agenda ITEM TITLE: Street Light and Electrical Maintenance Agreement Street Light and Electrical Maintenance Agreement for Ada County Juvenile Detention Center at 1024 W. Franklin Road 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 BYAND WHEN RECORDED RETURN TO: City Clerk City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 ADA COUNTY RECORDER Christopher D. Rich 2016-001012 BOISE IDAHO Pgs=5 DAWN TRIVOLIS 01/06/2016 10:12 AM MERIDIAN CITY NO FEE II' II I I � II'I I I II I II'I II I I II I II � I'I I I II I'I'I I II SII 00181618201600010120060066 (Space Above For Recorder's Use) STREET LIGHT AND ELECTRICAL MAINTENANCE AGREEMENT: 124 W FRANKLIN ROAD, MERIDIAN This STREET LIGHT AND ELECTRICAL MAINTENANCE AGREEMEN;L2 W FRANKLIN ROAD, MERIDIAN ("Agreement") is made and entered into this ` day of L0,.4 a t - A-�c -- , 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), whose address is 33 E. Broadway Ave., Meridian, Idaho, 83642, and Ada County, a duly formed and existing county pursuant to the laws and Constitution of the State of Idaho, whose current address is 200 W. Front Street, Boise, Idaho 83702 referred to herein as "Owner." WHEREAS, as a requirement of the building permit for the new office building at 124 W. Franklin Road, the Owner is required to install a City of Meridian Type 1 street light along the frontage of Franklin Road. WHEREAS, the approved street light plan calls for the new street light to be connected to the existing service pedestal at the northwest corner of the Franklin Road and Meridian Road intersection, via installing wiring in existing conduit under the sidewalk fronting the Owners property. WHEREAS, the existing conduit is not available, as it is being utilized for the traffic signal interconnect system, and there is no other practical electrical source in the right of way. Connecting to the power transformer in the rear of the property would require installing conduit across the property and providing the City an easement to maintain said conduit, and would require the installation of a metered pedestal within the right of way along Franklin Road, WHEREAS, Owner is willing to connect the new street light to the electrical meter for the property located at 124 W Franklin Road, and pay for electricity to illuminate the street light as part of Owner's electrical bill, and is further willing to bind Owner's successors in interest to such obligation. NOW, THEREFORE, for the exchange of good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: STREET LIGHT AGREEMENT WITH ADA COUNTY. PAGE 1 OF S I. OWNERS' COMMITMENTS A. Street Light and conduit. Owner shall install one (1) City Standard Type 1 street light at 124 W Franklin Road, Ada County parcel no. R8342000234 (the "Street Light"). Further, Owner shall install conduit as required, in accordance with City of Meridian 2013 Supplemental Specifications to the Idaho Standards for Public Works Construction. B. Electricity. From the Effective Date of this Agreement forward, Owner shall be responsible for paying Idaho Power Company, its successors and assigns for the provision of electricity required to operate the Street Light. C. Conduit. Owner shall maintain and ensure the integrity of street lighting conduit between the street light Junction box up to the power source on Owner's Property. II. CITY'S COMMITMENTS A. Street Light maintenance. From the Effective Date of this Agreement forward, City shall be responsible for: 1. Replacement, as needed to ensure functionality, of: fuses, wiring, bulbs, ballasts, or photoelectric cells in the Street Light. 2. Replacement and/or repair, as needed due to damage, deterioration, or loss, of the Street Light, and any component or appurtenance thereof, with the exception of conduit. B. Duties upon Termination. At such time that this Agreement is Terminated pursuant to Article III(E), City shall assume responsibility for provision of electricity to the Street Light. C. Recordation. This Agreement shall be recorded by City against the following parcel: Ada County parcel no. R8342000234, legally described as Parcel #0235 of Lots 8 and 9 of Taylor Subdivision as shown in Book 11 of Plats on Page 637, records of Ada County, Idaho. III. GENERAL PROVISIONS. A. Time is of the essence. Owners acknowledge that commitments made under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. B. Default. Any failure to perform the terms and conditions of this Agreement, or any portion thereof, shall be a default hereunder. In the event of a default, the non -defaulting party may serve a written Notice of Default upon the defaulting party by the method set forth herein. Except in case of an imminent or realized threat to the public health, safety, or welfare, the defaulting party shall have thirty (30) days following delivery of such notice to cure or correct the default before the non - defaulting party may seek any and all legal remedies. STREET LIGHT AGREEMENT WITH ADA COUNTY. PAGE 2 OF 5 C. Notices. Any notice desired by the Parties or required by this Agreement shall be deemed delivered after deposit in the United States Mail, postage prepaid, addressed as follows: City: Owner: City of Meridian Ada County Operations Attn: City Clerk Attention: Director 33 E. Broadway Ave. 200 W. Front Street Meridian, Idaho 83642 Boise, ID 83702 D. Binding upon successors. This Agreement shall be binding upon any and all owners of the property located at 124 W. Franklin, Ada County parcel no. R8342000234, legally described as Parcel #0235 of Lots 8 and 9 of Taylor Subdivision as shown in Book 11 of Plats on Page 637, records of Ada County, Idaho. , any and all subsequent owners thereof, and each and every other person acquiring an interest said property. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the property or any portion thereof, except that any sale or alienation, shall occur subject to the provisions of this Agreement, and any successive owner or owners shall be bound by the conditions and restrictions herein expressed. E. Termination. This Agreement shall terminate at such time that the City installs continuous street lighting along Franklin Road between Meridian Road and SW 5a' Street. Upon Termination, City shall record a Notice of Termination of Agreement in the records of Ada County Idaho. F. Compliance with laws. Throughout the course of this Agreement, Owners shall comply with any and all applicable federal, state, and local laws. G. 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. H. 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. I. 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. J. 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. STREET LIGHT AGREEMENT WITH ADA COUNTY. PAGE 3 OF 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of L _k `- , , 2015. OWNER: ADA COUNTY Board of Ada County Commissioners Date: � ` }' � Y,ft� �_ -�. � � �� By: Ji ibbs, Commissioner ATTEST: LZI Absent, bIjt Reviewed, Rick Yzaguirre, Commissioner By: Da id L. Case, Commissioner Christopher D. Rich, Ada County Clerk y Phil McGrane, Chief STATE OF IDAHO ) ss. County of Ada ) On this ` i day, ,of 1A ^ iii-- , 2015, before me, a Notary Public, personally appeared Jim Tibbs, and David L. Case, known or identified to me to be the County Commissioners of Ada County, who executed the instrument on behalf of Ada County, and acknowledged to me that Ada County 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. ,,,`*®46411 Notary Pdlic� for Idaho daho Residing ('47 •+ o�R p Commission Expires O +$0, � STREET LIGHT AGREEMENT WITH ADA COUNTY. PAGE 4 OF 5 CITY OF MERIDIAN: BY: W,-'-ayoT,- Tammy de ow%'TLD .� uuL City of EMD IA M--- Attest: ���A,}� Jayce . Holman, City Cler ,°�rJ SEAQ y STATE OF IDAHO ss County of Ada ) On this �Q day of C e —V , 2015, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument on behalf of the City of Meridian, 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 in this certificate first above written. •0600..®® (SEAL) : ,'O r®®: • irj) • 0P Notary ublic for aho Residing at: �-t- ` j t nl Commission expires: 1 STREET LIGHT AGREEMENT WITH ADA COUNTY. PAGE 5 OF 5 E IDIAN�- Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Austin Petersen — Transportation and Utility Coordinator DATE: December 15, 2015 Mayor Tammy de Weerd City Council Memberst Charlie Rountree Keith Bird Joe Borton Lulze Cavener Genesis Milam David Zaremba SUBJECT: STREET LIGHT AND ELECTRICAL MAINTENANCE AGREEMENT FOR ADA COUNTY JUVENILE DETENTION CENTER AT 124 W FRANKLIN ROAD L RECOMMENDED ACTION A. Move to: 1. Approve the attached agreement with Ada County 2. Authorize the Mayor to sign the agreement II. DEPARTMENT CONTACT PERSONS Austin Petersen, Transportation and Utility Coordinator 489-0352 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Back rg_ound As a requirement of the building permit for the new office building at 124 W. Franklin Road, Ada County (owner) is required to install a street light along the frontage of Franklin Road. The approved street light plan calls for the new street light to be connected to the existing service pedestal, at the northwest corner of the Franklin Road and Meridian Road intersection, by installing wiring in existing conduit under the sidewalk fronting along Franklin Road. The existing conduit is not available, as it is being utilized for the traffic signal interconnect system, and there is no other practical electrical source in the right- of-way. The attached agreement allows for an alternative. Page I of 2 B. Proposed Project Per this agreement, the street light will be connected to the owner's parking lot lighting circuit. The owner will pay for the electricity and maintain the conduit connecting the street light to the parking lot lighting circuit. In the future, when continuous lighting is installed in the right-of-way along this section of Franklin Road, the City will connect this light to the new City circuit. IV. IMPACT A. Strategic Impact: This agreement is in line with the Public Works Department's objective of improving street lighting throughout the City in a cost effective manner. V. ALTERNATIVES A. The City could require that the light be connected to the power transformer in the alley behind the property. Connecting to this transformer in the rear of the property would require installing conduit across the property and providing the City an easement to maintain said conduit. It would also require the installation of a metered pedestal within the right of way along Franklin Road. Having such and easement running across the parcel is not desirable to the owner or the City. VI. TIME CONSTRAINTS This project is under construction, and the Certificate of Occupancy cannot be issued until the street light has been properly installed. VII. LIST OF ATTACHMENTS A. Street light and electrical maintenance agreement: 124 W Franklin Road, Meridian Approved for Council Agenda: Page 2 of 2 15 °v Date Meridian City Council Meeting DATE: December 22, 2015 ITEM NUMBER: 5E PROJECT NUMBER: Consent Agenda ITEM TITLE: Water Right Transfer Application Agreement Water Right Transfer Application Agreement with Nampa & Meridian Irrigation 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 C E IDIN �ewl Public IDAHO Works 321 TO: Mayor Tammy de Weerd Members of the City Council FROM: Kyle Radek,PE Assistant City Engineer DATE: December 16, 2015 Mayor Tammy de Weerd City Council Memberfa Charlie Rountree Keith Bird Joe Borton Lulze Cavener Genesis Milam David Zaremba SUBJECT: WATER RIGHT TRANSFER APPLICATION AGREEMENT WITH NAMPA & MERIDIAN IRRIGATION DISTRICT I. RECOMMENDED ACTION A. Move to: 1. Approve the Water Right Application Transfer Agreement with Nampa & Meridian Irrigation District; and 2. Authorize the Mayor to sign the agreement II. DEPARTMENT CONTACT PERSONS Kyle Radek, Asst. City Engineer 489-0343 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background In August, Public Works submitted a transfer application to the Idaho Department of Water Resources (IDWR) to make all City well locations points of diversion for all of the City's municipal water rights. The transfer application was advertised by IDWR and protested by the Nampa and Meridian Irrigation District (NMID). Public Works has been working on an agreement with NMID to resolve their concerns with the application. An agreement has been drafted which satisfies NMID concerns and is acceptable to Public Works. Page I of 2 IV. TIME CONSTRAINTS Approval and execution of this agreement will allow the agreement to be approved at the next NMID board meeting on January 5 which will allow the City's transfer application to be examined and processed by the Department of Water Resources. V. LIST OF ATTACHMENTS A. Agreement with Exhibit fx Approved for Council Agenda: AP 2 116 �; Date Page 2 of 2 THIS WATER RIGHT TRANSFER APPLICATION AGP&kMENT ("Agreement") is made and entered into this S day of CaAiu.� ,.2945, by and between the City of Meridian ("City"), a municipal corporation organized and existing under Idaho law, and Nampa & Meridian Irrigation District ("District"), an irrigation district organized and existing under Idaho law. Recitals: 1. The City owns municipal ground water rights entitling it to supply water to its citizens by diversion through wells that are owned and operated by the City. Many of the wells are points of diversion for more than one of the City's ground water rights. 2. The City filed an Application for Transfer of Water Rights ("Application") with the Idaho Department of Water Resources ("IDWR"). A true and accurate copy of the Application is attached hereto. The Application seeks to add existing City Municipal Wells as points of diversion to City municipal ground water rights. (The wells subject to this application are hereinafter referred to as "Municipal Wells".) 3. The District delivers water to landowners through numerous canals, laterals, ditches and drains (herein referred to collectively as "District's Facilities") pursuant to the District's water rights, ditch rights and statutory obligations. The District's water supply includes water diverted from the Boise River at the Ridenbaugh Canal and the New York Canal pursuant to natural flow and storage water rights, water diverted by wells pursuant to groundwater rights, and subterranean and surface return flows from the irrigation of land within the District's boundaries that are recaptured in the District's Facilities and reused on lands within the District pursuant to the District's surface and groundwater rights. 4. Many of the City's Municipal Wells are adjacent to the District's Facilities. The District is concerned that approval of the Application may deplete or otherwise interfere with the flows and quantities of water in the District's Facilities, and thereby diminish the District's water supply and delivery of water to District landowners, including the City's citizens and businesses. 5. The City and the District previously entered into agreements to authorize the City to discharge water into certain District facilities for the purpose of flushing water from distribution lines in the City's common distribution system ("flush line discharge agreements"). 6. The District filed a protest to the Application to protect and preserve the District's water supply, water rights, water delivery and facilities for the benefit of the District's landowners. 7. The City represents to the District that: WATER RIGHT TRANSFER APPLICATION AGREEMENT - (a) the purpose of the City's application is to enable the City to shift its diversion of groundwater between City Municipal Wells in response to changing needs and/or requirements affecting the operation of the City's Municipal Wells and common distribution system to deliver water to the City's customers; (b) the Municipal Wells deliver water into the common distribution system that is owned and operated by the City; (c) as a result of the Application's approval, the City does not propose or intend to increase its diversion from the Municipal Wells beyond the quantity it is currently authorized to divert pursuant to the municipal ground water rights subject to the Application; (d) the majority of the Municipal Wells divert ground water from a depth greater than 200 feet below surface, from the Alluvial Aquifer ranging in approximate depth from 60 feet to 400 feet below land surface, and from the deeper Pierce Gulch Sand Aquifer ranging in approximate depth from 400 to 900 feet below land surface; (e) none of the Municipal Wells currently divert ground water from the shallowest (floodplain terrace gravel) aquifer, generally extending from land surface to depths ranging from 35 feet to 60 feet below land surface, and the City does not propose or intend to divert water from this aquifer under the Application; (f) it is the opinion of the City's hydrogeologist that there is no measureable hydraulic connection between the shallowest (floodplain terrace gravel) aquifer and the Alluvial Aquifer drawn upon by the Municipal Wells. It is also the opinion of the City's hydrogeologist that the City's withdrawals of ground water as proposed in the Application will not measurably affect the shallowest (floodplain terrace gravel) aquifer or the flows or quantities of water in the District's Facilities; (g) the City does not intend to interfere with or diminish the flows and quantities of water in the District's Facilities, and (h) the City does not intend to increase its flush line discharges into the District's Facilities without the District's prior written approval. 8. Based on the foregoing representations, understandings and assurances, the City and the District enter this agreement in fir therance of their mutual interests in resolving the District's protest, protecting and preserving the District's and the City's water supplies, water rights, water delivery and facilities, and avoiding future conflict. Agreement,• NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: WATER RIGHT TRANSFER APPLICATION AGREEMENT - 2 I - Mutual Cooperation and Prevention of Hydraulic Interference. The City agrees to operate the Municipal Wells in a manner that will not materially interfere with or otherwise diminish the flows and/or quantities of water in the District's Facilities. If either the City or the District has reason to believe that the City's operation of the Municipal Wells is materially interfering or otherwise diminishing the flow and/or quantity of water in District Facilities, the City/District shall provide written notice of such belief and the reasons therefor to the other as soon as practicable after discovering the occurrence. After delivery of such notice, the City and the District shall meet as soon as is practicable and in good faith attempt to determine the existence, cause and potential resolution of the alleged interference. If the District and the City are unable to reach agreement, they may avail themselves of available legal remedies. 2. Administration of Rialits in the Event of Material hjury. If either: (1) a finding is made in a contested hearing before IDWR; or (2) the City and District agree, that diversion of any of the City's water rights subject to the Application are materially injuring the flows and/or quantities of water in the District's Facilities, the diversion found or agreed to be causing material injury shall be limited to the quantity and priority date to which it was limited before the Application was submitted. The intent of this paragraph is to prevent material injury to the District's water rights as a result of the approval of the Application. To the extent there is any conflict between this provision and any condition that is placed in the City's water rights that are the subject of the Application, this provision shall control. 3. Flush Line Discharges. The City agrees that the Application, if approved by IDWR, will not result in any increase in any flush line discharge (flow rate or volume) in excess of the specifications contained in the existing flush line discharge agreements between the City and the District. The City shall obtain the District's prior written approval before initiating new flush line discharges, or increasing existing flush line discharges into the District's Facilities. 4. Withdrawal of Protest ofthe Application. The District agrees to withdraw its protest to the Application before IDWR upon execution of this Agreement. S. Fees and Costs. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this Agreement by institution of suit, the prevailing party shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. 6. Entire Agreein . The terms and conditions contained within this agreement contain the entire agreement of the parties. Any modifications or changes to this Agreement must be executed in writing. Oral amendments of the underlying Agreement shall not be valid until they have been reduced to writing and approved by both parties. 7. Third Parties. This agreement is not intended for the benefit of any third party and is not enforceable by any third party. 8. Invalid Provisions. If any provision of this agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this WATER RIGHT TRANSFER APPLICATION AGREEMENT - 3 agreement shall remain in full force and effect. 9. Interpretation. This agreement shall be interpreted and enforced in accordance with the laws of the State of Idaho. 10. Notices. Any notices, demands, consents and/or approvals required or permitted under this agreement shall be delivered to the parties as follows: City of Meridian Nampa & Meridian Irrigation District Public Works Dept. 5525 E. Greenhurst 33 E. Broadway Nampa, ID 83686 Meridian, ID 83642 11. Counterparts. This agreement may be executed and delivered in counterparts, each of which may be deemed to be an original, and all of which shall constitute one and the same instrument. City of Meridian Its Ma r Da e Attest: Ci;y of ice, V1 A.14 qS ((,JY Cleric Date r. SEAL Nampa & Meridian IrriLyation District is President Date Donald Barksdale Attest: -7 Its Secretary Date Daren R. Coon WATER RIGHT TRANSFER APPLICATION AGREEMENT - 4 42-222 POD E c E I E D RECEIVED 07/2011 JAN 0 7 2015 STATE OF IDAHO JAN 0 6 2015 WAFER RESOUR% WESTERN REGI - WPARTM ENT OF WATER RESOURCES DEFAFM,4ENT W WATER RES0UFjCEs APPLICATION FOR TRANSFER OF WATER RIGHT - POINT(S) OF DIVERSION This form may he used to apply to change and/or add points aFtliversion for existing water rights and to report an ownership change loran entire water rights) in connection with the proposed point of diversion change(s). Do not use this form to apply for changes to other elements of water right or to report an ownership change for a Portion of water right. See the;(eg&rdlonUbTidgVrktY_md1oM for �g bell) Completing this form and for mailing addresses ofDepariment offices where your application can be submitted. Check all that apply: (0 Change diversion point(s) El Add diversion point(s) ❑ Ownership change 1. APPLICANT(S)_QW of Meridian Phone898-5500/Ed S.-342-8369 2. MAILING ADDRESS 33 E. Broadway St. City Meridian State ID Zip 83642 Email Please direct all k9,W[0eS to Ed Squires - ed ct'hytdrooglcinc.net Q If the applicant is not an individual and not registered to do business in the State of Idaho, attach documentation identifying officers authorized to sign for the applicant. ❑ If the applicant is not the current water right(s) owner, attach documentation ofauthority to file the application. E] If the application includes a change in ownership of water right(s), attach a copy of the conveyance document, such as a warranty deed, court decree, contract of sale, etc. The conveyance document must include a legal description of the property conveyed or description of the water right if no land is conveyed. Additional feels) required for water right ownership changes; see f- schedule. E] If the application is not signed by the applicant, attach a Power of Attorney or other documentation providing authority to sign for the applicant. 3. L9STWATER RIGHT NUMBER(S) Please see attached list -Exhibit A. Please see attached list - Exhibit A. M Attach a copy of the water right(s) as recorded, available at iviviv.1djvr-jd_ako.go �v contacting any Department office. Water Righl Transfers, Step 1, or by 4. TOTAL AMOUNT OF WATER transferred is 76.62 cubic feet per second and/or _ acre-feet per annum. (diversion rate) (storage volume) 5. POINT OF DIVERSION —Describe all the point(s) of diversion to be included on the water right(s) after the proposed change. F1 Attach Eastern Snake Plain Aquifer (ESPA) analysis if this transfer proposes to change a point of diversion affecting the ESPA. ESPA analysis information is available at taking 1dignidahogo ,v P'ater Right Transfers, inline Resources. Twp Rge Sec GOA County Source Lot Local name or tag ........... Pagel oft W FILE TransferNo. 6. GENERAL INFORMATION a. Describe the complete diversion system, including how you will accommodate a measuring device and lockable controlling works should they be required now or in the future: All well facilities have flow meters, control valves, and lockout panels in lockable well houses. All points of diversion are interconnected to the existing Meridian municipal water distribution system. b. Who owns the property at the point(s) of diversion? City of Meridian If other than the applicant, describe the arrangement enabling the applicant to access the property for the diversion system: c. To your knowledge, haslis any portion of the water right(s) proposed to be changed: Yes No ❑ P(I undergone a period of rive or more consecutive years of non-use, ❑ ❑✓ currently leased to the Water Supply Hank, ❑ 0 currently used in a mitigation plan limiting the use of water under the right(s), or ❑ 0 currently enrolled in a Federal set-aside program limiting the use of water under the right(s)? If yes, describe 7. MAS' — (] Attach a map of the diversion, measurement, control and distribution system, Clearly label the Wrap with township, range, section and'/ '/ of section information. The r1•1ap Tool, available at h1tn:Antans.iahvr.idaho eoalTransfer.lPolicationLayouts/ provides a satisfactory template for creating the required map. 3. SIGNATURE - The information in this application is true to the best of my knowledge. I understand any willful misrepresentations in this application may result in rejection of the application or cancellation of an approval. M f (Rc3dCfLI i F 0. t' I' ceC'LF-- Signature of applicant or aut fed gent Print name and title i£app it ble Date G Signdfrr4518f applicant or authorized agent Print name and title if applicable Date 9. FEE - ❑ The application filing fee provided in Section 42-21-1, Idaho Code, must be submitted with the application for transfer. The Application fee is based on the total amount of water proposed for transfer in Item 4: the larger fee for either cubic feet per second (diversion rate) or acre-feet per annum (storage volume). The Fee Schedule is available at ummpddwr.idaho.gov, Ifrater Right Transfers, Step 4 and in thePplicatinn for Trans -62- histrrtctionc. Transfer includes pages of attachments. Fee paid 'fit �Jt,�7 ` Date i Preliminary review completed by Page 2 of 2 FOR DEPARTIVIENT USE ONLY Received by Receipted by2' Date Receipt 9 C-C"Al T:7i Date Water Right No. 63-32567 63-32568- 63-02893, 63-03252• 63-07105- 63-07978, 3-0710563-07978, 63 -09849- 63 -08331- 63-08332- 63-10105, 3-09849- 63-0833163-0833263-10105• 63-10840- 63-12162, 3-1084063-12162• 63-11737- 63-11922. 3-1173763-11922 63-12173 63-12039• 63-12295 63-12181= 63-12378- 63-12416- 63-316774 63-12560- 63-31138- 63-31281- 63-31318 63-31630- 46 GC uantiiy 1.67 cfs 0.78 cfs 0.78 cfs 1.66 cfs 0.70 cfs 1.91 cfs 1.67 cfs 1.89 cfs 2.00 cfs 2.80 cfs 1.34 cfs 2.00 cfs 3.00 cfs 3.00 cfs 1.46 cfs 3.00 cfs 4.50 cfs 4.50 cfs 4.50 cfs 4.50 cfs 5.00 cfs 4.50 cfs 5.00 cfs 5.00 cfs 4.46 cfs 5.00 cfs E3CMIT66A99 Well No. 1 Well No. 2 Well No. 3 Well No. 5 b1 Well No. 6 Well No. 7 Well No. 8 Well No. 9 ` Well No. 10-1 Well No. 1 I Well No. 12 Well No. 12 Well No, 14� Well No. 15 Well No. 15 ✓ Well No. 16-13, C, & D,/ Well No. 17 JJ Well No. 18,` Well No. 19 Well No. 20-A ✓ Well No. 20-A & B Well No. 21 J Well No. 22.11" Well No. 23 ✓ Well No. 24 Well No. 251& 28 � *All listed POD's are within Ada County Primary POD Location* T03N, ROlE, 507, NWSW T03N, ROLE, 507, NWSW T03N, ROI W, S12, SESE TO3N, R01 E, 507, NES W T03N, ROI W, S 12, NENW T03N, R01W, SOI, SWSE T03N, ROI E, S 18, NWNW T03N, R01 W, S12, SWSE T03N, ROLE, 506, NWSE T03N, ROIE, 508, SESW T03N, ROI W, 502, SWSW T03N, R01 W, 502, SWSW T03N, RO I E, S 19, NENW T03N, RO 1 W, S 11, NENE T03N, RO 1 W, S 11, NENE T03N, ROLE, 508, SWNE T03N, ROLE, 520, NWSW T04N, ROLE, 532, SWSW T03N, ROI W, 503, NENE T04N, R01 W, 536, SESE T04N, ROI W, S36, SESE T03N, RO 1 E, S 18, NEN W T03N, ROIW, S24, SWNE T03N, R.01E, S21, NWNW T03N, ROI W, 502, NENE T03N, R01E, 529, NWNE T03N, ROIE, S32, SWNE Meridian City Council Meeting DATE: December 22, 2015 ITEM NUMBER: 5F PROJECT NUMBER: Consent Agenda ITEM TITLE: Agreement with Kristy Swinney Agreement with Kristy Swinney for Wellness Massage Services MEETING NOTES t Yj Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT FOR WELLNESS MASSAGE SERVICES This PROFESSIONAL SERVICES AGREEMENT FOR WELLNESS MASSAGE SERVICES is made this 9 day of `DZCe rvl h2J✓ , 2015, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter "City"), and Kristy Swinney, an individual person whose address is 1517 W. Euclid Avenue, Boise, Idaho (hereinafter "Massage Therapist") (collectively, "Parties"). WHEREAS, City and Massage Therapist are mutually interested in providing and enhancing wellness and fitness opportunities for employees of City; WHEREAS, Massage Therapist has specialized massage training, experience, and skill and is willing to dedicate such skill for the benefit of City employees; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, City and Massage Therapist agree as follows: I. GENERAL OBLIGATIONS AND EXPECTATIONS OF MASSAGE THERAPIST. A. Scope of Services. Upon execution of this Agreement, Massage Therapist shall perform and furnish to City all services as specified in the document entitled "Scope of Services," a copy of which is attached hereto as ExhibitA and incorporated herein by this reference. B. Term of Agreement. Massage Therapist shall perform services under this Agreement from October 1, 2015 through September 30, 2016. C. Compliance with laws and standards; licensing. Massage Therapist shall provide services under this Agreement consistent with the requirements and standards established by any and all applicable federal and state laws and regulations, including, without limitation, all licensing and other requirements established by the Idaho State Board of Massage Therapy pursuant to Title 54, Chapter 40, Idaho Code. Massage Therapist shall furnish a copy of her current State of Idaho Massage Therapy License to City within seven (7) days of execution of this agreement and shall notify City of any change in status as it pertains to such license. Massage Therapist represents and warrants that Massage Therapist will perform all work under this Agreement in accordance with generally accepted industry standards and safety practices for the professions or specialties that are used in performance of this Agreement. IL CONSIDERATION A. Compensation. City employees shall pay Massage Therapist directly for services rendered under this Agreement in the amount specified in the Scope of Services attached hereto. This amount shall constitute frill compensation for any and all services performed, materials furnished, and costs incurred by Massage Therapist. B. Method of payment. City employees shall remit payment to Massage Therapist for services rendered under this Agreement at the time service is provided. AGREEMENT FOR WELLNESS MASSAGE SERVICES PAGE I OF 5 C. Taxes. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Massage Therapist. D. No additional compensation. Except as expressly provided in this Agreement, Massage Therapist shall not be entitled to receive from City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement. III. GENERAL TERMS AND CONDITIONS. A. Acknowledgment. Massage Therapist acknowledges that rendering services under this Agreement presents risks, some of which are unknown, and agrees to assume all risks associated with the fulfillment of the terms of this Agreement. B. Indemnification and waiver. Massage Therapist and each and all of Massage Therapist's employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall, and hereby do, indemnify, save and hold harmless, release and forever discharge City and its agents and employees 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 Massage Therapist or any employee, agent, contractor, official, officer, servant, guest, and/or invitee thereof, at or in its use of City property, facilities, or equipment or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. C. No warranty. City makes no warranty or promise as to the condition, safety, usefulness, or habitability of the premises, property, facilities, or equipment that City provides for Massage Therapist's use. Massage Therapist accepts the premises, property, facilities, or equipment provided by City as is, both at the Effective Date of this Agreement and for each massage day and/or massage session. D. Time of the essence. The Parties acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision of this Agreement, and that the failure to timely perform any obligation hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. E. Notice. Communication between the Parties regarding day-to-day matters (e.g., issues related to scheduling and venue) shall occur via e-mail, facsimile, or telephone. All other notices required to be given by either of the Parties shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: City: City of Meridian Massage Therapist: Kristy Swinney Attn: Human Resources Director 1517 W. Euclid Avenue 33 E. Broadway Avenue Boise, Idaho 83706 Meridian, Idaho 83642 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. AGREEMENT FOR WELLNESS MASSAGE SERVICES PAGE 2 OF 5 F. Assignment. Massage Therapist shall not assign or sublet all or any portion of Massage Therapist's interest in or obligations under this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of City. This Agreement and each and all of the terms and conditions hereof shall apply to and are binding upon the respective organizations, legal representative, successors, and assigns of the parties. G. Independent contractor. In all matters pertaining to this Agreement, Massage Therapist shall be acting as an independent contractor, and neither Massage Therapist nor any officer, employee or agent of Massage Therapist shall be deemed an employee or agent of City in any manner or for any purpose. Specifically, without limitation, Massage Therapist understands, acknowledges, and agrees: 1. Massage Therapist is free from actual and potential control by City in the provision of services under this Agreement. 2. Massage Therapist is engaged in an independently established trade, occupation, profession, or business. 3. Massage Therapist has the authority to hire subordinates. 4. Massage Therapist owns and/or will provide all major items of equipment necessary to perform services under this Agreement. 5. Neither Massage Therapist nor City shall be liable to the other for a peremptory termination of the business relationship described under this Agreement. H. Termination. If, for any reason, Massage Therapist fails to fulfill in a timely and proper manner Massage Therapist's obligations under this Agreement, violates any of the covenants, agreements, and/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 Agreement, and/or City determines that termination of this Agreement is in the best interest of City, City may terminate this Agreement by mailing written notice to Massage Therapist of such termination and specifying the effective date thereof, at least forty- eight hours prior to the effective date of such termination. Massage Therapist may terminate this agreement at any time by giving at least seven (7) days' notice to City. Upon termination of the Agreement, Massage Therapist's schedule shall be immediately cancelled and the Parties shall have no further dealing hereunder. I. Liability upon termination. Notwithstanding the above or any other provision of this Agreement, termination of the Agreement shall not relieve Massage Therapist of liability to City for damages sustained by City by virtue of any breach of this Agreement by Massage Therapist. This provision shall survive the termination of this Agreement and shall not relieve Massage Therapist of liability to City for damages or the City's right to pursue legal remedy allowed by law. J. Non -waiver. Failure of either party to promptly enforce the strict performance of any tern 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. 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. AGREEMENT FOR WELLNESS MASSAGE SERVICES PAGE 3 OF 5 K. Attorney fees. Should litigation commence 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. L. Discrimination prohibited. In performing services under this Agreement, Massage Therapist shall not unlawfully discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, sexual orientation, age, or disability. M. Compliance with laws. In performing the scope of services required hereunder, Massage Therapist shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. N. Construction and severability. If any part of this Agreement is held to be invalid or unenforceable, such holding shall 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. O. 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. P. 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. Q. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorney or waived the opportunity to seek such advice. R. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ,'L" day of (j o < ��`► r , 2015. MASSAGE THERAPIST: �'iY winney CITY OF MERIDIAN: 1 eerd, Mayor AGREEMENT FOR WELLNESS MASSAGE SERVICES AU(, 11 l� O� EI�JI_ A_ r 4 la F13i <) SIAL, ti n v Pte' Jaycee L. Holman, City Clerk PAGE 4 OF 5 EXHIBIT A SCOPE OF SERVICES Duties: Massage Therapist to perform massage duties one day every other week, Thursday, 12:00 p.m. to 2:00 p.m., unless otherwise specified and mutually agreed upon by both parties. Compensation: None from the City of Meridian. City employees will pay the following rate for massage services: $8.00 per ten (10) minute interval(s). AGREEMENT FOR WELLNESS MASSAGE SERVICES PAGE 5 OF 5 Meridian City Council Meeting DATE: December 22, 2015 ITEM NUMBER: 5 PROJECT NUMBER: Consent Agenda ITEM TITLE: Recipient Agreement Between City and boys and Girls Club First Amendment to Recipient Agreement Between City of Meridian and Boys and Girls Clubs of Ada County for Contribution of Funds 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: December 22, 2015 ITEM NUMBER: 5H PROJECT NUMBER: ITEM TITLE: Sewer and Water Main Easements Along the ITD Franklin Rd. Sanitary Sewer and Water Main Easements with Property Owners along the Idaho Transportation Department's Franklin Road, Black Cat to Ten Mile Project 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 E IDIAN�- Public � D A HO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Austin Petersen — Transportation and Utility Coordinator DATE: December 10, 2015 Mayor Tammy de Weerd City Council Memberft Charlie Rountree Keith Bird Joe Borton Whe Cavener Genesis Milam David Zaremba SUBJECT: SANITARY SEWER AND WATER MAIN EASEMENTS WITH PROPERTY OWNERS ALONG THE IDAHO TRANSPORTATION DEPARTMENT'S FRANKLIN ROAD, BLACK CAT TO TEN MILE PROJECT I. RECOMMENDED ACTION A. Move to: 1. Approve the attached temporary construction and permeant easements 2. Authorize the Mayor to sign the easements II. DEPARTMENT CONTACT PERSONS Austin Petersen, Transportation and Utility Coordinator 489-0352 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Back rg o In conjunction with the Idaho Transportation Department's Franklin, Black Cat to Ten Mile Road Widening Project, the Public Works Department will be extending existing water and sewer service lines beyond the new improvements, and installing new water and sewer service stubs for property owners who have agreed to pay for them. Some of these services will need to extend past the new right-of-way line onto the owners property in order to be readily accessible to the property owners. Page 1 of 3 B. Proposed Project To allow for proper construction and maintenance of these services, the attached temporary and permanent easement documents have been drafted and signed by the respective property owners. IV. IMPACT A. Strate ig c Impact: Obtaining these easements are in line with the Engineering Departments mission of designing and constructing safe, reliable, and sustainable water and wastewater facilities for residents and businesses. B. Service/Delivery Impact: These easements will allow the Public Works Department to serve these homes and businesses. B. Fiscal impact: These easements have been provided by the property owners at no cost to the City. V. ALTERNATIVES 1. The Public Works Department could end all of the services at the right-of- way line. This could remove the need for permanent easements. However, as there is only 2 feet of right of way behind the sidewalk, temporary construction easements would still be required. Ending the services at the property line may also require that the property owner remove a section of the sidewalk in order to connect to the provided stubs. VI. TIME CONSTRAINTS Construction of these services will begin in Spring of 2017. These easements will be required for construction to occur. VII. LIST OF ATTACHMENTS A. Permanent Sewer and Water Easement with Richard and Nance Ellis B. Permanent Sewer and Water Easement with Rick Aberasturi C. Temporary Construction Easement with Rick Aberasturi D. Permanent Sewer Easement with Jerry and Carol Trana E. Permanent Sewer and Water Easement with Matthew Lebaron F. Temporary Construction Easement with Matthew Lebaron G. Permanent Sewer and Water Easement with Christiansen Family Limited Partnership H. Permanent Sewer and Water Easement with Buyrite, LLC L Temporary Construction Easement with Buyrite, LLC J. Permanent Sewer and Water Easement with MGB Investment, LLC and White Cloud Investments, LLC Page 2 of 3 K. Temporary Construction Easement with MGB Investment, LLC and White Cloud Investments, LLC L. Permanent Sewer and Water Easement with John and Dorine Taggart M. Temporary Construction Easement with John and Dorine Taggart N. Temporary Construction Easement with John and Dorine Taggart O. Permanent Sewer and Water Easement with Marl-, Choi b,m Approved for Council Agenda: Da e Page 3 of 3 • ADA COUNTY RECORDER Christopher D.Rich 2015-116570 BOISE IDAHO Pgs=5 DAWN TRIVOLIS 12/23/2015 10:25 AM MERIDIAN CITY NO FEE 11 1 1111 1 111111111 111 11 11111 111 11 1111 111 11 11111 III 00178082201501165700050058 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE,made this day of SXc�m'Pe,r,20 l5-between Christiansen Family Limited Partnership ,the parties of the first part,and hereinafter called the GRANTORS,and the City of Meridian, Ada County, Idaho,the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipelines from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD,the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs,performing maintenance,replacements or subsequent connections to the sanitary sewer and water mains,GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures.However,GRANTEE shall not be responsible for repairing,replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT S&W 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 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. GOANTOR: _ f. Preside,/ , SecretaryP-36 Md 6 eS ivy „.5,'k P r 4 / lt9 He,,,w,'al,/ lb Address STATE OF IDAHO ) 0\��'�X : ss. County of-Ada ) On this -}D- day of si vv.` - , 20 '-'77 ,before me,the undersigned,a Notary Public in and for said State,personally appeared D c"G" G C:\,--SC\cvc\SCv and , known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day 61XIVAPC4Cabove written. SE ' T L NOTA}Y PJB C FOR IDAHO N5•. �0auG 1 Residing ati Cv, t( )0 c'.C,�i v l y1(\rl IV\1 UD '•ti .'' $4 Commission xpires: i k(.,c.i v16�t'� E C, 'ac Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc GRANTEE: CITY OF MERIDIAN Tammy de W 4, Mayor sT Attest Jaycee L. Holman, City Clerk Approved By City Council On: :3- a� e "'A"° ' ; S EAL STATE OF IDAHO, ) : ss County of Ada ) On this ) day of `C)es , 20 \S ,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. % NO AR PUBLICFOR IDAHO .��•�'4ARf , isak (SEAL) :4•74k `l ; Residing at: '4QW-\ Commission Expires: 1 / LI / Q)C.D •• ` O � • G , • • 1 .4 • .";J'R7'E of•••• ••.... Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc EXHIBIT A UTILITY EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO PARCEL 27 — CHRISTIANSEN FAMILY LIMITED PARTNERSHIP An easement for utility purposes located in the SW 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the southeasterly corner of said SW 1/4 from which a brass cap monument marking the southwesterly corner of said SW 1/4 bears N 89°15'33" W a distance of 2640.64 feet; Thence N 89°15'33" W along the southerly boundary of said SW 1/4a distance of 552.67 feet to a point; Thence leaving said southerly boundary N 0°44'27" E a distance of 33.88 feet to the POINT OF BEGINNING; Thence continuing N 0°44'27" E a distance of 25.00 feet to a point; Thence N 89°15'33" W a distance of 32.00 feet to a point; Thence S 0°44'27" W a distance of 25.00 feet to a point on the northerly right-of-way of Franklin Road; Thence S 89°15'33" E along said northerly right-of-way a distance of 32.00 feet to the POINT OF BEGINNING. This parcel contains 800 square feet (0.018 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated P�� May 8, 2015 SU cc 5082 p.c EXHIBIT B SKETCH TO ACCOMPANY EASEMENT DESCRIPTION LOCATED IN THE SW 1/4 OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO. SCALE: 1 "=20' 27 CHRISTENSEN FAMILY LIMITED PARTNERSHIP N 89' 15'33" W 32.00' w Eq L6 UTILITY EASEMENT 6 N b o V) z 32.00'__ S 89-15'33" E POINT OF BEGINNING w �I'o N 00 OIz 9 10 2087.97' 552.67' 16 15 N 89-15'33" W 2640.64' 1/4 FRANKLIN ROAD LAND Glp,L �G%ST£R `rG G �� a 5082 la`/ir.j c -TF OF ��P '� CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD IFHNK. BENNE MERIDIAN, IDAHO 83642 (208)888-4312 ADA COUNTY RECORDER Christopher D. Rich 2015-116556 BOISE IDAHO Pgs=4 BONNIE 12/23/2015 10:19 AM MERIDIAN CITY NO FEE ICIIIIIIIIIII IIIIIIIIIIIIIIII111111I11II111IIIIII 00178067201501165560040040 TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE,made this day of 1'ecembex, 201S- between John and Dorine Taggart, the parties of the first part, and hereinafter called the GRANTORS,and the City of Meridian, Ada County, Idaho,the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS,the sanitary sewer main is to be provided for through an underground pipeline to be constructed by others and or GRANTEE; and 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 CONSTRUCTION PLANS) The temporary construction easement hereby granted is for the purpose of construction of a sewer line and related incidental work and storage of materials related to the construction process. TO HAVE AND TO HOLD,the said easement and right-of-way unto the said GRANTEE, its successors and assigns shall be temporary. The termination of this easement shall expire 30 days after the installation and acceptance of said sewer and water lines by the GRANTEE. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after installing and accepting said sewer and water lines, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Temporary Construction Easement EASMT TEMP 11-15-13.doc THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street,then,to such extent,such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement,and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Pr ; df �- Secretary / 3 G�Z c.,?o GcJ /�v�i w ,4.„;_ d/t a Address STATE OF IDAHO ) : ss. County of Ada ) On this 4.4 day of )4414 b , 20 /5 ,before me,the undersigned, a Notary Public in and for said State, personally appeared JOhh 7G'f meet- and Popi>,P -Cc 7 At/ , known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. ç- -z---- (SEAL) 7• 1 ' • NOTARY PUBLIC F R IDAHO •WAIrt700. Residing at: s � F - GiCc matin :el 74; Commission Expires: 3 30.07 • \• / •. Temporary Construction Easement EASMT TEMP 11-15-13.doc J , Y GRANTEE: CITY OF MERIDIAN Tammy de id, Mayor ' core»AUcvz • "11.1"1"4"- A t b 4 aycee L. Holman, City Clerk ` ~ "'/ Approved By City Council On: 4?/a`-a, SEAL r�. STATE OF IDAHO, ) : ss County of Ada ) On this day of -Dec fSrL.V , 20 IC ,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. .061•.,40,- .0+ 440rte_ (SEw ,OTA4p . L NOT i RY UBLIC FOR IDAHO ' ' •; CITY OF MERIDIAN TEMPORARY UTILITY EASEMENT c3T.S�Ss#1 24" /FT ) SAN UTILITY EASEMENT *ADJUST VALVE BOX ITEM SHALL INCLUDE REPLACING EXISTING VALVE BOX LID WITH S.W.S NON -POP LID. THIS LID SHALL ALSO BE USED ON ALL NEW VALVE BOX INSTALLATIONS, SEE PROJECT SPECIFICATIONS. CITY OF MERIDIAN TEMPORARY UTILITY EASEMENT ],CITY OF MERIDIAN PERMANENT UTILITY EASEMENT • 605-230A 36" N& NOTES: 1. IT IS ANTICIPATED THAT ALL NEW SEWER UNE CONSTRUCTION WEST OF BLACK CAT ROAD WILL NEED TO BE COMPLETED PRIOR TO STARTING STAGE 1 OF THE ROADWAY CONSTRUCTION STAGING PLANS. SEWER SHALL BE CONSTRUCTED DURING NIGHT TIME LANE CLOSURES UNLESS OTHERWISE APPROVED BY ITD. NIGHT TIME HOURS SHALL BE AS APPROVED BY ITD. ROADWAY SHALL BE REOPENED EACH DAY AS REQUIRED BY ITD. 2. INSTALL A LOCATE MARKER BALL AT EACH BEND IN NEW WATER MAIN PER CITY OF MERIDIAN REQUIREMENTS. MARKER BALLS SHALL u�ai�rveu SCALES SHOWN KEY NOTES Oi T - TRANSPORTATION WATER NOTE #2 AND #3 ON SHEET 52 O 12"x12"x6" DUCTILE IRON TEE, MJxMJxFL O3 CONCRETE THRUST BLOCK O4 12"x12"x8" DUCTILE IRON TEE, MJxMJxFL ALL SOD DAMAGED DURING QREPLACE CONSTRUCTION. OF MERIDIAN' 24" /FT ) SAN UTILITY EASEMENT *ADJUST VALVE BOX ITEM SHALL INCLUDE REPLACING EXISTING VALVE BOX LID WITH S.W.S NON -POP LID. THIS LID SHALL ALSO BE USED ON ALL NEW VALVE BOX INSTALLATIONS, SEE PROJECT SPECIFICATIONS. CITY OF MERIDIAN TEMPORARY UTILITY EASEMENT ],CITY OF MERIDIAN PERMANENT UTILITY EASEMENT • 605-230A 36" N& NOTES: 1. IT IS ANTICIPATED THAT ALL NEW SEWER UNE CONSTRUCTION WEST OF BLACK CAT ROAD WILL NEED TO BE COMPLETED PRIOR TO STARTING STAGE 1 OF THE ROADWAY CONSTRUCTION STAGING PLANS. SEWER SHALL BE CONSTRUCTED DURING NIGHT TIME LANE CLOSURES UNLESS OTHERWISE APPROVED BY ITD. NIGHT TIME HOURS SHALL BE AS APPROVED BY ITD. ROADWAY SHALL BE REOPENED EACH DAY AS REQUIRED BY ITD. 2. INSTALL A LOCATE MARKER BALL AT EACH BEND IN NEW WATER MAIN PER CITY OF MERIDIAN REQUIREMENTS. MARKER BALLS SHALL u�ai�rveu SCALES SHOWN KEY NOTES Oi NON -POTABLE PIPE CROSSING SEE TRANSPORTATION WATER NOTE #2 AND #3 ON SHEET 52 O 12"x12"x6" DUCTILE IRON TEE, MJxMJxFL O3 CONCRETE THRUST BLOCK O4 12"x12"x8" DUCTILE IRON TEE, MJxMJxFL ALL SOD DAMAGED DURING QREPLACE CONSTRUCTION. 24" /FT ) SAN UTILITY EASEMENT *ADJUST VALVE BOX ITEM SHALL INCLUDE REPLACING EXISTING VALVE BOX LID WITH S.W.S NON -POP LID. THIS LID SHALL ALSO BE USED ON ALL NEW VALVE BOX INSTALLATIONS, SEE PROJECT SPECIFICATIONS. CITY OF MERIDIAN TEMPORARY UTILITY EASEMENT ],CITY OF MERIDIAN PERMANENT UTILITY EASEMENT • 605-230A 36" N& NOTES: 1. IT IS ANTICIPATED THAT ALL NEW SEWER UNE CONSTRUCTION WEST OF BLACK CAT ROAD WILL NEED TO BE COMPLETED PRIOR TO STARTING STAGE 1 OF THE ROADWAY CONSTRUCTION STAGING PLANS. SEWER SHALL BE CONSTRUCTED DURING NIGHT TIME LANE CLOSURES UNLESS OTHERWISE APPROVED BY ITD. NIGHT TIME HOURS SHALL BE AS APPROVED BY ITD. ROADWAY SHALL BE REOPENED EACH DAY AS REQUIRED BY ITD. 2. INSTALL A LOCATE MARKER BALL AT EACH BEND IN NEW WATER MAIN PER CITY OF MERIDIAN REQUIREMENTS. MARKER BALLS SHALL u�ai�rveu SCALES SHOWN IDAHO 10ANo C. PEAcocK DESIGN CHECKED ARE FOR 11"X 17" TRANSPORTATION T. BURGESS PRINTS ONLY DEPARTMENT DETAILED CADD FILE NAME G. PEACOCK 123NS&W12.DWG DRAWING CHECKED T. BURGESS DRAWING DATE: MARCH 2015 CIVIL SURVEY CONSULTANTS, INC. IJYI APPROVED FOR CONSTRUCTION °w�.�4,mn d�a�„rww.w.reaw..mm.,a wa w ervum..• ew."..0 nwc. x ee..wwa PROJECT NO. CITY OF MERIDI. 0 20 40 80 SCALE: 1"=40' H w S600 -45C 12" WATER LINE V) 141 FT w STA. 42+60.00, 30.66' LT - STA. 44+00.00, 33.81LT 1259 FT STA. 44+00.00, 33.81' LT - o STA. 46+60.00, 38.00' LT + 5901-051 2" BLOW -OFF ASSEMB c0 PER MER SD -W12 1 EACH w STA. 43+12.00, 64.00 RT, 1 EACH STA. 44+79.94, 92.26' LT 5901-05J T -TYPE SEWER CLEANOUT � 1 EACH STA. 43+01.65, 64.00' RT, 1 EACH 44+67.94, 91.99' LT 5901-05 4" SEWER SERVICE CONNECTION 1 EACH STA. 42+92.31, 9.51' LT 901-05 SEWER SERVICE CLEANOUT 1 EACH STA. 42+91.00, 68.15' LT (S -90-1---o-6-0 AUTOMATIC AIR RELEASE VALVE 1 EACH STA. 44+00.00, 33.81' LT S911-05 18" CASING FOR WATER MAIN 38 FT STA, 44+80.26, 77.57' LT - STA. 44+81.11, 39.62' LT S911 -OS 12" CASING FOR 605-205 4" SANITARY SEWER PIPE 59 FT STA. 42+91.00, 68.15' LT - STA. 42+92.31, 9.51' LT 605-215 8" SANITARY SEWER PIPE 74 FT STA. 43+00.00, 9.68' LT - STA. 43+01.65, 64.00' RT 79 FT STA. 44+67.94, 91.99' LT STA. 44+69.70, 13.48' LT 605-230 i5" SANITARY SEWER PIPE 40 FT STA, 42+60.00, 8.79' LT - STA. 43+00.00, 9.68' LT 170 FT STA. 43+00.00, 9.68' LT - STA. 44+69.70, 13.48' LT 108 FT STA. 44+69.70, 13.48' LT STA, 45+78.00, 15.91' LT 81 FT STA. 45+78.00, 15.91' LT - STA. 46+60.00, 16.12' LT 605-460 MANHOLE TY B 1 EACH STA. 43+00.00, 9.68' LT 1 EACH STA. 44+69.70, 13.48' LT 1 EACH STA, 45+78.00, 15.91' LT 5600-30 8" GATE VALVE 1 EACH STA. 43+09.85, 31.79' LT I EACH STA. 44+81.20, 35.62' LT S600-458 8" WATER LINE 96 FT STA. 43+09.85, 31.79' LT - STA. 43+12.00, 64.00 RT 57 FT STA. 44+79.94, 92.26' LT - STA. 44+81.20, 35.62' LT SEWER MAIN 65 FT S g10NAL i. STA. 44+68.04, 87.30' LT - F,'YC, STA. 44+69.50, 22.31' LT �4 G1r f FRANKLIN RD, BLACK CAT RD AOI 2(368) TO TEN MILE RD STA 42+60 TO 46+60 English 4 )` A COUNTY ADA KEY NUMBER 12368 0 0 Fy J pEPc SHEET 12 OF 53 e ., 3 ADA COUNTY RECORDER Christopher D. Rich 2015-116557 BOISE IDAHO Pgs=4 BONNIE 12/23/2015 10:19 AM MERIDIAN CITY NO FEE III Mil IIIII 111311IIII11I1I III III 11111 11111 1 111 00178068201501165570040047 TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE,made this c day of C c ' 20tS---between John and Dorine Taggart , the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian,Ada County, Idaho,the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS,the sanitary sewer and water main is to be provided for through an underground pipeline to be constructed by others and or GRANTEE; and 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 CONSTRUCTION PLANS) The temporary construction easement hereby granted is for the purpose of construction of a sewer and water line and related incidental work and storage of materials related to the construction process. TO HAVE AND TO HOLD,the said easement and right-of-way unto the said GRANTEE, its successors and assigns shall be temporary. The termination of this easement shall expire 30 days after the installation and acceptance of said sewer and water lines by the GRANTEE. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after installing and accepting said sewer and water lines, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Temporary Construction Easement EASMT TEMP 11-15-13.doc THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street,then,to such extent,such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Pres • t 4 _ • Secretary ! 1 S '2O wOrlic t(r,c 211kgaG'~h Li- j6`V'z Address STATE OF IDAHO ) : ss. County of Ada ) On this 11a day of 4G�y-5 T , 20/(before me,the undersigned, a Notary Public in and for said State, personally appeared 3li•Sr, Tam y �i'�` and di..'/)e f7 5 a c f , known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) a._ .C� NOTARY PUBLIC FOR IDAHO •�•�,„SOT` h.,A�O�;• Commnsgsion Expires: G 3 ; •• + • • + , • •• ; . • ••••••• • Temporary Construction Easement EASMT TEMP 11-15-13.doc } c - GRANTEE: CITY OF MERIDIAN Tammy de WT', Mayor rvy,Af EDAUc..�:c ..,,. ( ' / Attest b aycee L. Holman, City Clerk !DAN0 Approved By City Council On: • SEAL fFy E,a thr TREk STATE OF IDAHO, ) : ss County of Ada ) On this PO day of he c XY- j X , 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. 406-49Atel• 011011.- .11116. (SEAL)144,14- ; NOTARY PU: OR IDAHO • : Residing at: �-td i 0,'r11 1 �► ,Q Commission Expires: t /1// 6 Temporary Construction Easement EASMT TEMP 11-15-13.doc 605-205A 4" SANITARY SEWER PIPE 59 FT 'ADJUST VALVE BOX ITEM SHALL STA. 42+91.00, 68.15 LT - INCLUDE REPLACING EXISTING VALVE STA. 42+92.31, 9.51' LT BOX LID WITH S.W.S NON -POP LID. THIS LID SHALL ALSO BE USED ON 605-215 8" SANITARY ALL NEW VALVE BOX INSTALLATIONS. SEWER PIPE SEE PROJECT SPECIFICATIONS. 74 FT 5901 -05 CITY OF MERIDIAN TEMPORARY UTILITY EASEMENT STA. 9.68' LT - INV901 0.09 STA. 43+01.65, 64.00' RT I CITY OF MERIDIAN TEMPORARY UTILITY EASEMENT 2aq ° 5901-05J -- T 79 FT /l,•• INV=2532.98 CITY PF MERIDIAN PERMANENT UTILITY EASEMENT S=0.004T/Fi F STA. 44+67.94, 91.99' LT STA. 44+69.70, 13.48' LT 2 r 5901-051 3 605-230A 15" SANITARY T I 605-215A 0 20 40 80 SEWER PIPE ! 5911-05 5600-45B 40 FT 42+60.00, 8.79' LT - ' T 5911-05STA. T T - T ',. `- SCALE: 1"=40' STA. 43+00.00, 9.68' LT O P F :R IRR ( IRR( T T P IRR V IR P IflR-rP T T T T L`- RR - q P w 6QQ-45C 12" WATER LINE 170 FT LT_ w sp ' --. - • --•- -_• --- - -- ----------- 141 FT - - STA. 44+69.70, 13.48' LT _Metal - w-- 42+60.00, 30.66' LT - V) 1Ld STA. 44+00.00, 33.81' LT 108 FT I W STA. 44+69.70, 13.48' LT � 1�, ! VTR 259 FT STA. 45+78.00, 15.91' LT 605-230A I S901 -05L 18o- 5600-30 3 - 5600-45C 5901-06 1 d 1 1 600-45C �a 605-460A STA. 44+00.00, 33.81' LT - 605-230A 1 _ _ _ 5600-3 p^ STA. 46+60.00, 38.00' LT '(S -90-1--b-5-1) 81 FT ) SAN ) SAN o )3�4 0 2" BLOW -OFF ASSEMBLY STA. 45+78.00, 15.91' LT - 605-460 e �4 co PER MER SD -W12 STA. 46+60.00, 16.12' LT + FRANKLIN COAD a ao 46 v 1 EACH 605-460A MANHOLE TY B N T * v _- x -_ x x f T STA. 43+12.00, 64.00' RT, z 1 EACH i EACH w / - I � 605-230 605-460A STA. 44+79.94, 92.26' LT STA. 43+00.00, 9.68' LT J 605-215A 7 N S 00-45B 6" 605-230 = U S901 -05J T -TYPE SEWER i EACH _ / I I Q CLEANOUT 1 EACH STA. 44+69.70, 13.48' LT U Q - _ :2 STA. 43+01.65, 64.00' RT, i EACH STA. 45+78.00, 15.91' LT R I R Jo. R 2a" 1 EACH -"-� 44+67.94, 91.99' LT 5600-30 8" GATE VALVE y 4" SEWER SERVICE 1 EACH r I _ ----__--_----_ CONNECTION STA. 43+09.85, 31.79' LT T r _ _ ----- i EACH S901 -05J ITY OF MERIDIAN PE ANENT UTILITY EASEMENT P R P STA. 42+92.31, 9.51' LT 1 EACH INV=2533.30 901705SEWER SERVICE STA. 44+81.20, 35.62' LT S=0.004 FT/FT CLEANOUT 5600-458 8" WATER LINE S901-051 3 1 EACH I STA. 42+91.00, 68.15' LT 96 FT NOTES: 1. IT IS ANTICIPATED THAT ALL NEW SEWER 5901-06 AUTOMATIC AIR STA. 43+09.85, 31.79' LT - KEY NOTES LINE CONSTRUCTION WEST OF BLACK CAT ROAD RELEASE VALVE STA. 43+12.00, 64.00' RT WILL NEED TO BE COMPLETED PRIOR TO 1 EACH ONON -POTABLE PIPE CROSSING SEE WATER NOTE #2 AND #3 ON SHEET 52 STARTING STAGE 1 OF THE ROADWAY CONSTRUCTION STAGING PLANS. SEWEf SHALL C`i� APPROVEDFOR STA. 44+,00.00, 33.81' LT 57 FT CONSTRUCTION S911�-OS 18" CASING FOR STA. 44+79.94, 92.26' LT - O2 12"x12"x6" DUCTILE IRON TEE, MJxMJxFL BE CONSTRUCTED DURING NIGHT TIME LANE CLOSURES UNLESS OTHERWISE APPROVED BY ITD. ®a "" •^ °" WATER MAIN m'"�,"b„e�..�as 38 FT STA, 44+81.20, 35.62' LT 3 CONCRETE THRUST BLOCK NIGHT TIME HOURS SHALL BE AS APPROVED BYO-g- ITD. ROADWAY SHALL BE REOPENED EACH DAY "Gy"a"na m"b" STA. 44+80.26, 77.57' LT - " "'" �"W u'no,'°°"w w;;;,,,,,'„'• AS REQUIRED BY ITD. AS STA. 44+81.11, 39.62' LT O4 12"x12"x8" DUCTILE IRON TEE, MJxMJxFL yeu �.=A% «,. 12" CASING FOR � 2. INSTALL A LOCATE MARKER BALL AT EACH °�b�^•M•^�^ SEWER MAIN A1e1ditl•°"°"P°'""'b"`°"""m'""°°°' 65 FF 1 REPLACE ALL SOD DAMAGED DURING BEND IN NEW WATER MAIN PER CITY OF „•, STA. 44+68.04, 87.30' LT ONAL gS� fy C� CONSTRUCTION. MERIDIAN REQUIREMENTS. MARKER BALLS SHALL BE PROVIDED BY THE CITY OF MERIDIAN. STA. 44+69.50, 22.31' LT E ya i REVISIONS DESIGNED NO DATE BY DESCRIPTION C. Rulpclt DESIGN CHECKED SCALES SHOWN ARE FOR 11" X 17" PRINTS ONLY IDAHO oAxo TRANSPORTATION PROJECT NO. CITY OF MERIDIAN SEWER AND WATER IMPROVEMENTS FRANKLIN RD, BLACK CAT RD English �s 1 24fo 9T z COUNTY ADA T. euflMSS DETAILED CADD FILE NAME DEPARTMENT nox A012(368) TO TEN MILE RD n H O 0 F \ZI �Fy KEY NUMBER 12368 C. DRAWINGS DATE STA 42+60 TO 46+60 J PEpc . SHEET 12 OF 53 DRAWINGMMK CHECKED T. BunMARCH 2015 CIVIL SURVEY CONSULTANTS, INC. ADA COUNTY RECORDER Christopher D.Rich 2015-116558 BOISE IDAHO Pgs=5 BONNIE 12/23/2015 10:19 AM MERIDIAN CITY NO FEE III IIIIIIIIIIII 111111111111111111111111111111 111 00178069201601165580050060 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this day of 1-ecembea, 20 IS between John and Dorine Taggart, the parties of the first part, and hereinafter called the GRANTORS,and the City of Meridian,Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipelines from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD,the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs,performing maintenance,replacements or subsequent connections to the sanitary sewer and water mains,GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures.However,GRANTEE shall not be responsible for repairing,replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc .y , THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted become part of,or lie within the boundaries of any public street,then,to such extent,such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof,shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land,and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Pres' t Secretary c 50Zo ,. a 1.6 114-€v tde4t 2 n d.7-6�2 Address STATE OF IDAHO ) : ss. County of Ada ) On this Y day of X1,14S f , 20/ ,before me,the undersigned, a Notary Public in and for said State, personally appeared 104'i day, and Dorm e, 'a,y , known or identified to me fo be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. /c.- i (SEAL) OusYcr.�. NOTARY PUBLIC FOR IDAHO :01 NisResiding at: lit G14,#) •moi l ; Commission Expires: 3/3. • • • Sanitary Sewer and Water r ••i EASMT S&W 11-15-13.doc v r P, . GRANTEE: CITY OF MERIDIAN / !i _ Tammy de Wee . ayor ,4:''''''ct'sr r Attest b 4 aycee L. holman, City Clerk . +' i\1 _ A 1`,,` y, Approved By City Council On: ----a.-A � SEM__ Nv STATE OF IDAHO, ) : ss County of Ada ) On this OD day of \ceMic-)e c , 2015 , 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, 'S' �t :• NO ARS PUBL - 0 IDAHO 1 • S . • • Residing at: 1-�4 • - ){;� �� c .r-t 10 • • Commission Expires: J y CSO act • • :irI '' •• 4';Op mit.,• *****.. Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc EXHIBIT A UTILITY EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN,IDAHO PARCEL 6—JOHN TAGGART An easement for utility purposes located in the SE Y4 of Section 9, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho,more particularly described as follows: Commencing at a brass cap monument marking the southeasterly corner of said SE 'A from which a 5/8 inch diameter iron pin marking the southwesterly corner of said SE '/4 bears N 89°24'26" W a distance of 2641.52 feet; Thence N 89°24'26" W along the southerly boundary of said SE 'A a distance of 518.01 feet to a point; Thence leaving said southerly boundary N 0°35'34" E a distance of 38.75 feet to the POINT OF BEGINNING; Thence continuing N 0°35'34"E a distance of 41.65 feet to a point; Thence N 89°24'26"W a distance of 32.00 feet to a point; Thence S 0°35'34" W a distance of 41.65 feet to a point on the northerly right-of-way of Franklin Road; Thence S 89°24'26" E along said northerly right-of-way a distance of 32.00 feet to the POINT OF BEGINNING. This parcel contains 1,333 square feet (0.031 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett,PLS Civil Survey Consultants, Incorporated C410': June 16, 2015 (f, , S U / $ � �4� / EXHIBIT B SKETCH TO ACCOMPANY EASEMENT DESCRIPTION LOCATED IN THE SE 1 /4 OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO. JOHN TAGGART • N 89'24'26" W • SCALE: 1"=20' 32.00' w d' MERIDIANd ro coin UTILITY co Ln M d- EASEMENT ; r 'O o z 32.00' S 89'24'26" E • — — POINT OF BEGINNING w in to r_ o z 2123.51' 518.01' 9 10 1/4 N 89'24'26" W 2641.52' 161'15 FRANKLIN ROAD l LA lye 5Q82 0 5 (144 CIVIL SURVEY CONSULTANTS,INC. CSF TEOF�a�C2893 S.MERIDIAN ROA MERIDIAN,IDAHO 36422 K.BES (208)888-4312 ADA COUNTY RECORDER Christopher D. Rich 2015-116559 BOISE IDAHO Pgs=S BONNIE 121231201510:19 AM MERIDIAN CITY NO FEE I11III11Illlll 11111111111111111111111111111 111 111 00178070201501166590060056 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this day of Des_ery,beir , 20\between Mark Choi the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian,Ada County, Idaho,the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipelines from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD,the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs,performing maintenance,replacements or subsequent connections to the sanitary sewer and water mains,GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures.However,GRANTEE shall not be responsible for repairing,replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc ( f , THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted become part of,or lie within the boundaries of any public street,then,to such extent,such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof,shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement,and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: AIL-- �/ . -.President. N Secretary Address STATE OF Imo' ) /eit-4.e-55-e- : ss. County of AdaSAie)/beg On this /l0 / day of �ll�-- , 20 ��,before me,14' the undersigned, a Notary i Q Public in and for said State,personally appeared 7 R�C C�O' and — £1/f --. , known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day : first above written. ‘49 Ck '''°II/I' 414% 4-1,(1-€1,- �'� NOTARY PUBLIC FOR IDAHO TC UNEP EE �s ) ,; 62_- .TENNESSEE; S g C Commission Expires: !3 2-Da :.. '1-. SanitarySewer and Water Main Easement EASMT S&W 11-15-13.doc _;_, , , GRANTEE: CITY OF MERIDIAN Tammy de "Mayor 4� ,TEP AUG��� Attest A Jaycee L. Holman, City Clerk , Y city oa e- r, i .71 Approved By City Council On: /a a '., ',...fa „ ' _6n e'.1„`tec k.SO'' STATE OF IDAHO, ) : ss County of Ada ) On this day of tcf re bC)r ,20 lS ,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 willw.. 014P-A•$1.0,1,. bovewittw..•• O TA (SEAL) ' ► ! • NOTARY 'UBLIC F S ' IDAHO ' ' Residing at: �x c�1\a n S A1Bi1T • �•,,- . �Pr• Commission Expires: ___.a r-1 `- D 0).0 .• Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc • EXHIBIT A UTILITY EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN,IDAHO PARCEL 7—MARK CHOI An easement for utility purposes located in the NE 1/4 of Section 15, Township 3 North, Range 1 West,Boise Meridian,Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the northeasterly corner of said NE 1A from which a 5/8 inch diameter iron pin marking the northwesterly corner of said NE 1/4 bears N 89°24'26"W a distance of 2641.52 feet; Thence N 89°24'26"W along the northerly boundary of said NE 1A a distance of 719.75 feet to a point; Thence leaving said northerly boundary S 0°35'34" W a distance of 62.84 feet to the POINT OF BEGINNING; Thence continuing S 0°35'34" W a distance of 29.22 feet to a point; Thence S 89°24'26"E a distance of 30.35 feet to a point; Thence N 0°35'34"E a distance of 27.87 feet to a point on the southerly right-of-way of Franklin Road; Thence N 86°51'45" W along said southerly right-of-way a distance of 30.38 feet to the POINT OF BEGINNING. This parcel contains 866 square feet(0.020 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated May 8,2015 dr �4,�,® 618/rs-. r / EXHIBIT B SKETCH TO ACCOMPANY EASEMENT DESCRIPTION LOCATED IN THE NE 1 /4 OF SECTION 15, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO. I SCALE: 1"=20' N 89'24'26" W 2641.52' �10 1/4 I 1921.77' 1 719.75' 16 15 FRANKLIN ROAD N r7 u) M O POINT OF BEGINNING — — — . N 86'51'45" W 30.38' • -- — 3 w rr) N UTILITY N LLA M N EASEMENT °° M O `SL N0 o Ni o •` �F.GR 1'?L cn z 4, ` . ' �AI 0 • 30.35' oma. �0$2 z • S 89°24'26" E , IC 4) MARK CHOI o‘pT£of VO 'c 0 NN K.Betl 7 CIVIL SURVEY CONSULTANTS,INC. 2893 S.MERIDIAN ROAD MERIDIAN,IDAHO 83642 (208)888-4312 ADA COUNTY RECORDER Christopher D. Rich 2015-116568 BOISE IDAHO Pgs=4 DAWN TRIVOLIS 12/23/2015 10:25 AM MERIDIAN CITY NO FEE 11111111 IlIllIIIIIII111111111111III 1111 111111 1 III 00178080201501165680040048 TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made this day of re c e snbev- , 2015 between Matthew Lebaron, the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian,Ada County, Idaho,the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS,the sanitary sewer and water main is to be provided for through an underground pipeline to be constructed by others and or GRANTEE; and 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 CONSTRUCTION PLANS) The temporary construction easement hereby granted is for the purpose of construction of a sewer line and related incidental work and storage of materials related to the construction process. TO HAVE AND TO HOLD,the said easement and right-of-way unto the said GRANTEE, its successors and assigns shall be temporary. The termination of this easement shall expire 30 days after the installation and acceptance of said sewer and water lines by the GRANTEE. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after installing and accepting said sewer and water lines, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Temporary Construction Easement EASMT TEMP 11-15-13.doc THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street,then,to such extent,such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement,and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: President Secretary Address STATE OF IDAHO ) : ss. County of Ada ) On this 2 5 day of 9"-(66— , 20 13 ,before me,the undersigned, a Notary Public in and for said State, personally appeared 4/1a1-# aJ 4 e 44/'0/1 and , known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year fgxe written. SV **** l�talVl �5��'ei�'.. cam(' (SEt `.OT ak NOTARY PUBLIC FOR IDAH I • PUBLIC = Residing at: �/ e14y� �►,;'•• .�►0 Commission Expires: , //l© I i? Temporary Construction Easement EASMT TEMP 11-15-13.doc • GRANTEE: CITY OF MERIDIAN Tammy de We- ayor 0Z�f1.0 AUT t Attest"aycee L. Holman, City Clerk 0- City of Approved By City Council On: /a'a. f IDIANox ,� SEAL 1 OP F 0`' 9°/thr TRE STATE OF IDAHO, ) : ss County of Ada ) On this •a day of ` Cem\ear , 20 1S ,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. (Sit�I +��, • NOT• R PUBLI i ' IDAHO • ,• • Residing at: --1,CAck • : Commission Expires: • .••..s �lfL '.;pi •••OFO .! Temporary Construction Easement EASMT TEMP 11-15-13.doc 5600-45 N LJ LdS Lo w N I 0 + r Z J S H a I I I I I I I CITY OF MERIDIAN tEM ORARY KEY NOTES IDAHO ,DANA I •, O1 WATER NOTE #2 AND #3 ON SHEET 52 O CONCRETE THRUST BLOCK 10 12"XB" TAPPING SADDLE UTILITYII; EA EMENT 12'x6" TAPPING SADDLE CADD FILE NAME 1236B5&W30AWC DRAWING CHECKED T. BURGESS DRAWING DATE: MARCH 2015 CIVIL SURVEY CONSULTANTS, INC. 0 20 40 80 CITY OF MERIDIAN P�RMANENT UTILITY fAS9MENT T._.._...... o SCALE: 1"=40' I 5901-05J I = INV -2551.37 I I •,�,,,,,; _ S=0.0040 I P Fr/FT S901-051 3 I r P•3 P P P P P PP P P S600 —30G 3 16 860 45B _ S901-061 911—OSR - --- -- 605-215A 5901- 61 3 10 - -- --- --- 80 s600-3 FRANKLIN ROAD EP EP Fp EP 82 EP $,H' T O T r T 0' SAN 0 605-21 605-455 SAN ( SAN ( SAN (—SAN 605-215 ( o a i 605-455A —Ms_ _ _ _ _-- — — _ _psi__yy_ _ — — —`Ja— — q- 605-215 -- — —------------------------ P P P ..._...._—..._...__...__. P -- ---Mw-- —FtV-- P---------- . ..�. P P V I --�-- ...—...— ... — ... _... —... _ NOTE: INSTALL A LOCATE MARKER BALL AT EACH BEND IN NEW WATER MAIN PER CITY OF MERIDIAN REQUIREMENTS. MARKER BALLS SHALL BE PROVIDED BY THE CITY OF MERIDIAN. DESIGNED KEY NOTES IDAHO ,DANA NON—POTABLE PIPE CROSSING SEE O1 WATER NOTE #2 AND #3 ON SHEET 52 O CONCRETE THRUST BLOCK 10 12"XB" TAPPING SADDLE 16 12'x6" TAPPING SADDLE NOTE: INSTALL A LOCATE MARKER BALL AT EACH BEND IN NEW WATER MAIN PER CITY OF MERIDIAN REQUIREMENTS. MARKER BALLS SHALL BE PROVIDED BY THE CITY OF MERIDIAN. DESIGNED SCALES SHOWN IDAHO ,DANA c PPAcocx DESIGN CHECKED ARE FOR it" X 17" TRANSPORTATION T. BURGESS PRINTS ONLY DEPARTMENT DETAILED C. PEACOCK CADD FILE NAME 1236B5&W30AWC DRAWING CHECKED T. BURGESS DRAWING DATE: MARCH 2015 CIVIL SURVEY CONSULTANTS, INC. *ADJUST VALVE BOX ITEM SHALL INCLUDE REPLACING EXISTING VALVE BOX LID WITH S.W.S NON—POP LID. THIS LID SHALL ALSO BE USED ON ALL NEW VALVE BOX INSTALLATIONS. SEE PROJECT SPECIFICATIONS. Q g 5901-061I HOT TAP EXISTING WATER MAIN 1 EACH STA. 79+46.00, 32.89' LT 1 EACH STA. 80+42.00, 32.79' LT 5911-05 12" CASING FOR SEWER MAIN 49 FT STA. 80+30.00, 10.50' LT — STA. 80+30.00, 59.50' LT T T— �yEeRIDIAN.F APPROVED FOR CONSTRUCTION a�,w•".,qn.. a,,.., tea• mow. ".u.ro w, „qm wdNtle°.m mw„n.e. Hum PROJECT NO. CITY OF MERIDIAN SEWER AND WATER IMPROVEMENTS .Eng FRANKLIN RD, BLACK CAT RD COUNTY A012(368) TO TEN MILE RD KEY NU STA 79+40 TO 83+40 SHEET 605-215 8" SANITARY SEWER PIPE 90 FT STA. 79+40.00, 17.50' RT — STA. 80+30.00, 17.50' RT 299 FT STA, 80+30.00, 17.50' RT — STA. 83+29.00, 17.50' RT 80 FT STA. 80+30.00, 17.50' RT — STA. 80+30.00, 62.50' LT 11 FT STA. 83+29.00, 17.50 RT STA. 83+40.00, 17.50' RT 605-455A MANHOLE TY A 1 EACH STA. 80+30.00, 17.50' RT 1 EACH STA. 83+29.00, 17.50' RT S600-20 FIRE HYDRANT ASSEMBLY 1 EACH STA. 79+46.00, 52.00' LT 5600-30G 6" GATE VALVE 1 EACH STA. 79+46.00, 32.89' LT 5600-30 8" GATE VALVE 1 EACH STA. 80+42.00, 32.79' LT 5600-45 6" WATER LINE 19 FT STA. 79+46.00, 32.89' LT — STA. 79+46.00, 52.00' LT 5600-458 8" WATER LINE 30 FT STA. 80+42.00, 32.79' LT — STA. 80+42.00, 62.50' LT 5901-051 2" BLOW—OFF ASSEMBLY PER MER SD—W12 1 EACH STA. 80+42.00, 62.50' LT, 5901—O5J T—TYPE SEWER CLEANOUT 1 EACH STA. 80+30.00, 62.50' LT �SS\ONAL FNS 4 k Tr /ym lish 24 ^ o ADA 9j Z�I/gQ �c MBER 12368 �f' OF Fy J pEPG 30 OF 53 ADA COUNTY RECORDER Christopher D. Rich 2015-116569 BOISE IDAHO Pgs=5 DAWN TRIVOLIS 12/2312015 10:25 AM MERIDIAN CITY NO FEE 11I11IIIIIIII111111111111111111111 II11IIII IIII Ill 00178081201501165690050051 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE,made this day of \Dec ter ,201S-between Matthew Lebaron, the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian,Ada County, Idaho,the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS,the GRANTORS desire to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipelines from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD,the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs,performing maintenance,replacements or subsequent connections to the sanitary sewer and water mains,GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures.However,GRANTEE shall not be responsible for repairing,replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT S&W 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 become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: President Secretary F L'�C Address STATE OF IDAHO ) : ss. County of Ada ) On this 2 X day of � �- , 20 i , before me, the undersigned, a Notary Public in and for said State, pers nally appeared I H E -`c k # `c�-A and , known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day �t4Rt!!!! PPe;g and ye`Y �iritten. F kb CSO T a yP`. Y rP2 (SEA - NOTARY PUBLIC FOR IDAHO P U s 4 c ` Residing at: Commission Expires: 7h Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc • GRANTEE: CITY OF MERIDIAN Illii i/ Tammy de W:-rd ayor LDAL cu„ Attest Jaycee L. Holman, City Clerk of Approved By City Council On: AHo SE L r. *F"h :2x X510. STATE OF IDAHO, ) : ss County of Ada ) On this c day of Dec e rIf ,20 1S ,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. 40'v.iA.14:71:14 14 % • NOTARY P BL AHO • , • Residing at: He*----;- \00-N I �,Q: Commission Expires: 1• di-.. . •' •• Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc EXHIBIT A UTILITY EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO PARCEL 30 — MATTHEW LeBARON An easement for utility purposes located in the SE 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: , Commencing at a brass cap monument marking the southwesterly corner of said SE '/4 from which a brass cap monument marking the southeasterly corner of said SE 1/4 bears S 89°15'24" E a distance of 2640.81 feet; Thence S 89°15'24" E along the southerly boundary of said SE 1/4 a distance of 369.33 feet to a point; Thence leaving said southerly boundary N 0°44'36" E a distance of 33.88 feet to the POINT OF BEGINNING; Thence continuing N 0°44'36" E a distance of 20.00 feet to a point; Thence S 89°15'24" E a distance of 32.00 feet to a point; Thence S 0°44'36" W a distance of 20.00 feet to a point on the northerly right-of-way of Franklin Road; Thence N 89°15'24" W along said northerly right-of-way a distance of 32.00 feet to the POINT OF BEGINNING. This parcel contains 640 square feet (0.015 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated® PRS May 8, 2015 ® 04 , EXHIBIT B SKETCH TO ACCOMPANY EASEMENT DESCRIPTION LOCATED IN THE SE 1/4 OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO. SCALE: 1 "=20' 30 MATTHEW Le BARON S 89°15'24" E w 32.00' 0 UTILITY o !� oN EASEMENT N 0 --- -- -- -- z 32.00' cn POINT OF N 89'15'24" W BEGINNING wl co � q zl IL 369.33' 2271.48' 10 1 1/41 S 89' 15'24" E 2640.81' 15 14 FRANKLIN ROAD LAIyO o�PL G%ST CL 5982 4"'c of c ��P � CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD �FHNK. BENN� MERIDIAN, IDAHO 83642 (208)888-4312 ADA COUNTY RECORDER Christopher D.Rich 2015-116572 BOISE IDAHO Pgs=4 DAWN TRIVOLIS 1212312015 10:25AM NO FEE MERIDIAN CITY 111111111111111111111111311111311111111 III TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE,made this c day of txcexv‘bex• ,20 tS between MGB Investments, LLC and White Cloud Investments, LLC , the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS,the sanitary sewer and water main is to be provided for through an underground pipeline to be constructed by others and or GRANTEE; and 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 CONSTRUCTION PLANS) The temporary construction easement hereby granted is for the purpose of construction of a sewer line and related incidental work and storage of materials related to the construction process. TO HAVE AND TO HOLD,the said easement and right-of-way unto the said GRANTEE, its successors and assigns shall be temporary. The termination of this easement shall expire 30 days after the installation and acceptance of said sewer and water lines by the GRANTEE. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after installing and accepting said sewer and water lines, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the Temporary Construction Easement EASMT TEMP 11-15-13.doc THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street,then,to such extent,such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land,and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: I�4 r� = � MBrr►b2 -, &d3 =n verf-tr , Nor n. rt titre og-r'i White- CIcue- iniieat,•re.4sii_i_c- 839 S. Bridt/JAx,y ft -ao le r =014,14,0 Address STATE OF IDAHO ) : ss. County of Ada ) 44." On this k day of � Q , 20 I ,before me,the undersigned, a Notary 131.11Rlic in and for Rid State, personally appeared �o./14 &{^.-�e 5 and n t- v vJ , known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. T RY PUBLIC FOR IDAHO KARA L. FULCHER Residing at: X/ - �r''^•RY PUBLIC Commission Expires: 5-! 7-e)C l� S f�•. 1r Ho Temporary Construction Easement EASMT TEMP 11-15-13.doc GRANTEE: CITY OF MERIDIAN Tammy de Wer , Mayor 9 47S> 1 / s _ f I r ► Citpo; Attest b 4'.ycee L. Holman, City Clerk 17- IDAHO ; IDAHO Approved By City Council On: , °I'he TRE ASLi. STATE OF IDAHO, ) : ss County of Ada ) On this day of 1)e_c e'n,err- , 20 1 , 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. •....••••a, 11111111k. 4 (SE• is+0T44t 4, NO ARY PUBLIC FOR IDAHO • IResiding at: ►"teJ+r jo( t ctn )J it l • • Commission Expires: \�4 �'1i - c)DaV • i J •• op 1 • • Temporary Construction Easement EASMT TEMP 11-15-13.doc *ADJUST VALVE BOX ITEM SHALL 605-215 8" SANITARY ' • INCLUDE REPLACING EXISTING VALVE SEWER PIPE CITY OF MERIDIAN TEMPORARY i I BOX LID WITH S.W.S NON -POP LID. 80 FT " I I UTILITY EASEMENT I THIS LID SHALL ALSO BE USED ON y • !' 5600-45D 10" WATER LINE 0 STA. 65+00.00, 17.50' RT - i Water Service I f ALL NEW VALVE BOX INSTALLATIONS. I ' STA. 65+00.00, 62.50' LT i = aPres�r° I Releose SEE PROJECT SPECIFICATIONS. I 87 FT STA. 63+90.81, 34.58' LT - 605-220 10" SANITARY p ® � 7aIVC 5901-05J T I STA. 63+90.97, 52.51' RT SEWER PIPE d 3 S90 -051 INV=2537.36 I&n 87 FT 149 FT STA. 63+50.93, 17.50' RT - S=0.0040 FT/FT .. T i STA. 63+95.81, 34.58' LT - STA. 65+00.00, 17.50' RT CITY OF MERIDIAN PERMANENT STA. 63+95.97, 52.51' RT 0 5901-06G UTILITY EASEMENT : P a I ®240 I 'Q-(S60_5_-057) ADJUST MANHOLE FT STA. 65+00.00, 17.50' RT - • 3 5600 20A 3 STA. 67+40.00, 17.50' RT 6 5901 06J p p p 10 1 EACH . P 12 'I °tj .. .. .. . - W STA. 63+50.56, 8.83' LT 605-460A MANHOLE TY B p p p ®x .. -: 12" GATE VALVE N arb - 1 EACH ' e w 1 EACH STA. 63+50.93, 17.50' RT S600-45A STA. 63+95.81, 34.58' LT S6 -458 1 EACH -.5600-1 S911-OSR 3 S 01-061 S600-30G 3 16 S901-061 5901-051 2" BLOW-OFF ASSEMBLY STA. 65+00.00, 17.50' RT w 5605-05A _1 _ _ _ _ _ _ _ _ _ �, S600-301 S6 0-30 605-215 _ _ PER MER SD-W12 5600-15 ADJUST VALVE BOX I EP O FRANKLIN ROA�p �� 1 EACH ^STA. 64+88.00, 61.22' LT, STA. 63+62.00, 34.60' LT 605-460 mi Q j, 1 33 - 5911- S 5911 05L o• 1 EACH STA. 63+90.97, 52.51' RT S600-20A FIRE HYDRANT ASSEMBLY 1 EACH T +SAN ( o SAN ( SAN ( SAN ( w z 9 - i 605220 605-460 605 -220A 1 EACH STA. 66+56.00, 52.00' LT �-' - - - - - - new - -- _ _ -W _ __ - - -------- _ _ U STA. 63+95.97, 52.51' RT - S600 30G 6" O GATE VALVE w ° �"- - - -°,- - t.---.�-.-..-.---�. T-TYPE SEWER z z 600-45D -�--•.-sem..- - - - - - - - - =�..-..-..-..--sa -:- :-.._..•-mow. Q S901-OSJ 1 EACH J A ---- ----- -- -_-- CLEANOUT 1 EACH STA. 66+56.00, 34.29' LT r-w------_--_----------_--_----------_------------=-_----------_- p °I p - �- I -------------------- --�+lw-- - - STA. 65+00.00, 62.50' LT S600-30 8" GATE VALVE 3 901-051 p p p I P P . P P P P P 5901-061 HOTERT TA EXISTING 1 EACH 1 EACH STA. 64+88.00, 34.47' LT KEY NOTES STA. 64+88.00, 34.47' LT 5600-301 10" GATE VALVE NON-POTABLE PIPE CROSSING SEE � 1 O WATER NOTE #2 AND #3 ON SHEET 52 1 EACH 1 EACH O3 CONCRETE THRUST BLOCK NOTES: 1. CONTRACTOR SHALL CONFIRM ELEVATION OF STA, 66+56,00, 34.29' LT STA. 63+90.81, 34.58' LT BOX CULVERT BOTTOM PRIOR TO STARTING OREMOVE EXISTING BLOW-OFF AND INSTALLATION OF STEEL CASING. CONTACT 5901-O6J ABANDON EXISTING 1 EACH SALVAGE TO WATER DEPARTMENT ENGINEER IF ELEVATION SIGNIFICANTLY VARIES. WATER MAIN STA. 63+95.81, 34.58' LT CONNECT TO EXISTING SEWER STUB O MATCH EXISTING SLOPE 2. INSTALL A LOCATE MARKER BALL AT EACH 1 EACH STA. 63+62.00, 34.60' LT S600-45A 6" WATER LINE O9 CONNECT MANHOLE TO EXISTING SEWER MAIN BEND IN NEW WATER MAIN PER CITY OF MERIDIAN REQUIREMENTS. MARKER BALLS SHALL BE PROVIDED BY THE CITY OF MERIDIAN, 5911-05 PIPE BORING AND 18 FT 10 12"x8" TAPPING SADDLE JACKING 30 FTSTA. STA. 66+56.00, 34.29' LT - 66+56.00, 52.00' LT 16 12"x6" TAPPING SADDLE STA. 63+95.83, 17.50' RT - 5600-456 8" WATER LINE STA. 64+25.83, 17.50' RT REPLACE ALL SOD DAMAGED DURING CAI(kqT�)- APPROVEDFOR 27 FT CONSTRUCTION CONSTRUCTION 5911-OS 12" CASING FOR STA, 64+88.00, 34.47' LT - REMOVE EXISTING VALVE(NORTH) ( ) AND ate,, SEWER MAIN 44 FT STA. 64+88.00, 61.22' LT INSTALL BLIND FLANGE, SALVAGE STA. 65+00.00, 15.49' RT - VALVE TO WATER DEPARTMENT a..,pu. •^^%��;;;^^a �M�^, STA. 65+00.00, 59.49' RT ® 12"x12"x10" DUCTILE IRON TEE, FLxFLxFL ae 0 20 40 80 ,,,,,°",„ed°'°"°"" �"°+��"""�G"�"°P�OeoO """'""" 5911-05S 14" CASING FOR 12"0 X 24" LONG DUCTILE IRON SPOOL, FLxFL 50 FT SEWER MAIN SCALE: 1"=40' fyC 12" FLxMJ ADAPTOR STA, 63+75.83, 17.50' RT - STA. 64+25.83, 17.50' RT SSS\ONAL F � o GtS T f y� REVISIONS DATE BY DESCRIPTIONC. DESIGNEDSCALES SHOWN PEACOCK ARE FOR 11" X 17" CHECKED PRINTS ONLY IDAHO TRANSPORTATION *11�48 PROJECT N0. CTY OF MERIDIAN SEWER AND WATER IMPROVEMENTS English2NO 1 ,'DESIGN RD, BLACK CAT RD COUNTYT. ADA eUMEssFRANKLIN DEPARTMENT KEY NUMBER 12366 DETAILED CADD FILE NAME C. PEACOCK 1236esxw22.DWD A012(368) TO TEN MILE RD STA 63+40 TO 67+40 0 OF Or, ?F.y DRAWING DATE: PG J PE CIVIL SURVEY CONSULTANTS, INC. SHEET 22 OF 53 DRAWING CHECKED T. eUMM M H 2o1s ADA COUNTY RECORDER Christopher D.Rich 2015-116555 BOISE IDAHO Pgs=5 BONNIE 12/23/2015 10:19 AM MERIDIAN CITY NO FEE 11111131111)l 111111111111111 11 111111111111111 111 00178066201501165550050069 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE,made this day of'Pee s t-r ,201S- between MGB Investments,LLC and White Cloud Investments,LLC,the parties of the first part,and hereinafter called the GRANTORS, and the City of Meridian,Ada County,Idaho,the party of the second part,and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipelines from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD,the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs,performing maintenance,replacements or subsequent connections to the sanitary sewer and water mains,GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures.However,GRANTEE shall not be responsible for repairing,replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT S&W 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 become part of,or lie within the boundaries of any public street,then,to such extent,such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof,shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: / ...-A-igr" „ kit) Mem - - / M G-t3 Z"nvestrne►ifs, Norm draaw( Member", W hitt, C10:44snu°sfine itr,LC C 839 S. $ricje,v)a j glace, £agh', XI) Address `l STATE OF IDAHO ) : ss. County of Ada ) On this `r614A- day of , 20 5 ,before me,the undersigned, a Notary Pub 'c in and for said State, personally appeared t•(\a.r--E66-41:e5 and N e c - g fa v r , known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. --4 k KRARULCHERNOTARY PUBLIC FOR.IDAHO UC STATE OF IDAHO Residing at: � Commission Expires: 5- 1") 010 Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc i • 1 GRANTEE: CITY OF MERIDIAN Tammy de We ayor ���TSCD ALJ, Attest by A cee L. Holman, City Clerk ''`'`y Y , E 1.DIAN, , Approved By City Council On: fid" - A ik FAL :,- 4P P 6A°f:he TAEkS'�� STATE OF IDAHO, ) : ss County of Ada ) r6 On this --day of .0 2mb ,20 1 S , before me,the undersigned, a Notary Public in and for said State,personally appeared Tammy de Weerd and Jaycee L. Holman, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument,and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. o... b. .4)8SARf i 40,__1.,...(SEAL) :��$ • NOTAR PUBLIC FF R IDAHO • Residing at: 14e-A;\dt k 0. 1 1D .. pus '46," �' Commission Expires: 1 /q / • s ••.. • . Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc EXHIBIT A UTILITY EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO PARCEL 23 — MGB INVESTMENTS, LLC An easement for utility purposes located in the SW 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the southeasterly corner of said SW 1/4 from which a brass cap monument marking the southwesterly corner of said SW 1/4 bears N 89°15'33" W a distance of 2640.64 feet; Thence N 89°15'33" W along the southerly boundary of said SW 1/4a distance of 1172.67 feet to a point; Thence leaving said southerly boundary N 0°44'27" E a distance of 33.88 feet to the POINT OF BEGINNING; Thence continuing N 0°44'27" E a distance of 20.10 feet to a point; Thence S 89°15'33" E a distance of 32.00 feet to a point; Thence S 0°44'27" W a distance of 20.10 feet to a point on the northerly right-of-way of Franklin Road; Thence N 89°15'33" W along said northerly right-of-way a distance of 32.00 feet to the POINT OF BEGINNING. This parcel contains 643 square feet (0.015 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS . 0 PRC Civil Survey Consultants, Incorporated May 8, 2015 ' 5082 EXHIBIT B SKETCH TO ACCOMPANY EASEMENT DESCRIPTION LOCATED IN THE SW 1/4 OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO. SCALE: 1 "=20' I I 1467.97' 23 MGB INVESTMENTS, LLC N o d O N Z POINT OF BEGINNING Lu �I'o N 00 O �I S 89'15'33" E 32.00' UTILITY N EASEMENT o N . O 32.00' N 89'15'33" W N 89'15'33" W - 2640.64 19:7.3,0124 1 2•.s oNp,L LANO G%STR sG� a 082 0, 4r£ OF �FHN K. BENNE 1172.67' 1/4 CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 ADA COUNTY RECORDER Christopher D.Rich 2015-116563 BOISE IDAHO Pgs=5 BONNIE 12/23/2015 10:19 AM MERIDIAN CITY NO FEE IIIIIIIIIIIIIII 11111111111111111 I III 00178074201501165630050053 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this aa day of Dere Hz; 20 l between Richard and Nancy Ellis, the parties of the first part, and hereinafter called the GRANTORS,and the City of Meridian,Ada County,Idaho,the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipelines from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD,the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs,performing maintenance,replacements or subsequent connections to the sanitary sewer and water mains,GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures.However,GRANTEE shall not be responsible for repairing,replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc •i ' THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted become part of,or lie within the boundaries of any public street,then,to such extent,such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof,shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement,and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatur s the day and year first herein above written. .;I GRA, ''I' R• President Secretary A, . -C3\Co—C-RC-0-* Address STATE OF IDAHO ) : ss. County of Ada ) On this 4/#7--day of ;444^,b1„Slt ,20 /5,before me, he undersigned,a Notary 12:017 Public in and for said State,personally appeared 4'aen-/---c- and /(/al , known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first abcvv ; ,en. + of OA' i FOR IDAHO (SEAL) ,e NOTARY PUBLIC I• Residing at: net& GOv, -)11 • : ; Commission Expires: 3/307 Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc • GRANTEE: CITY OF MERIDIAN _--� Tammy de W erd, Mayor tcDAuc4,r, i 1.7st b' aycee L. Holman, City Clerk ,y `/ IY}Aide Approved By City Council On: FAL STATE OF IDAHO, ) : ss County of Ada ) On this Da day of201 j , 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�� • , • NOTA'Y 'UBLIC •R IDAHO • ;� lo9.% • • . Residing at: P X t c I n • • Commission Expires: 1 / L/ 7 a O D b • • • • • • • • • c r' Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc UTILITY EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO PARCEL 40 — RICHARD ELLIS An easement for utility purposes located in the SE 1/4 of Section 9, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the southeasterly corner of said SE 1/4 from which a brass cap monument marking the northeasterly corner of said SE 1/4 bears N 0°38'55" E a distance of 265 3. 11 feet; Thence N 0°38'55" E along the easterly boundary of. said SE 1/4 a distance of 759.69 feet to a point; Thence leaving said northerly boundary N 89°21'05" W a distance of 33.71 feet to the POINT OF BEGINNING; Thence N 89°04'54" W a distance of 9.67 feet to a point; Thence N 0°55'06" E a distance of 33.00 feet to a point; Thence S 89°04'54" E a distance of 10.73 feet to a point on the westerly right-of-way of Black Cat Road; Thence S 2°45'07" W along said westerly right-of-way a distance of 33.02 feet to the POINT OF BEGINNING. This parcel contains 337 square feet (0.008 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated May 8, 2015r 7z,�:o� EXHIBIT SKETCH TO ACCOMPANY EASEMENT DESCRIPTION LOCATED IN THE SE 1/4 OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO. I1/4 1 ISCALE: I I 1 "=20' I I i L-2 Mi Q w z I� w I. co O O w N t- o 2 O� o in Lo uo rt 'i M �I N U RICHARD ELLIS `- z 1 N N U N 89°21'05" W L-1 33.71' w POINT OF Lo BEGINNING p 00 I 0 I 1 z I rn I I of � --- -- --� LAND I lvG�sT�R s'P I (K 9 10 a 5082 c �T£ OF IFNN K. BE��� LINE DATA CIVIL SURVEY83 SMR D AN ROAD' INC. LINE BEARING DISTANCE MERIDIAN, IDAHO 83642 L-1 N 89'04'54 " W9, 67' (208)888-4312 L-2 _ _ S 89'04'54" E 10.73' • c ' i w l ADA COUNTY RECORDER Christopher D. Rich• 2015-116560 BOISE IDAHO Pgs=4 BONNIE 12/23/2015 10:19 AM MERIDIAN CITY NO FEE 111111111111 III 111111111111 1 1111111111111 11 111 111 00178071201501165600040046 TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE,made this 00 day of 'O2cern bx , 2015 between Rick Aberasturi , the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian,Ada County,Idaho,the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS,the sanitary sewer and water main is to be provided for through an underground pipeline to be constructed by others and or GRANTEE; and 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 CONSTRUCTION PLANS) The temporary construction easement hereby granted is for the purpose of construction of a sewer line and related incidental work and storage of materials related to the construction process. TO HAVE AND TO HOLD,the said easement and right-of-way unto the said GRANTEE, its successors and assigns shall be temporary. The termination of this easement shall expire 30 days after the installation and acceptance of said sewer and water lines by the GRANTEE. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after installing and accepting said sewer and water lines, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Temporary Construction Easement EASMT TEMP 11-15-13.doc THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street,then,to such extent,such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF,the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Rick Aberasturi 02g3g u . Maxie. Wcu., .-1c' c6S/6 Address STATE OF IDAHO ) : ss. County of Ada ) On this .c day of Ahpas-fr , 20 l , before me, personally appeared RICA Ab e,4. AA' 'i , proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument,and acknowledged that he executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. # 0 /1 (SEAL) NOTARY PUBLIC FOR IDAHO • • '•' Residing at: 601-in jest •+0T �• Commission Expires: 3/3/1/7 r • CV r4:Q• • tn• • iria •• ?+*°•• ••...... Temporary Construction Easement EASMT TEMP 11-15-13.doc GRANTEE: CITY OF MERIDIAN Tammy de W •, Mayor t.o city�f • Attest b yceeeflman, City Clerk r�i'd DI-' "`w'x- r•aHo Approved By City Council On: 0 d • !s r STATE OF IDAHO, ) : ss County of Ada ) On this day ofDe_c.-cry\1e_y- , 20 IS— ,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. (SEAQ) 4,,U1 NOTARY PUpLI i' IDAHO • • Residing at: eN'' • k 4 I S) Commission Expires: \ O (' L) _ 2 0 a o roe; ,. Temporary Construction Easement EASMT TEMP 11-15-13.doc Ld w w In w w 0 + N w z (O Q UTILITY EASEMENT V � UTILITY EASEMENT�I NOTE: INSTALL A LOCATE MARKER BALL AT EACH BEND IN NEW WATER MAIN PER CITY OF MERIDIAN REQUIREMENTS. MARKER BALLS SHALL BE PROVIDED BY THE CITY OF MERIDIAN. UTILITY EASEMENT UWIIi SCALES SHOWN IDAHO KEY NOTES O1 NON -POTABLE PIPE CROSSING SEE T. BURGESS WATER NOTE #2 AND #3 ON SHEET 52 OREMOVE EXISTING BLOW -OFF AND CADD FILE NAME 1235&8&W45.DWG SALVAGE TO WATER DEPARTMENT OCONNECT TO EXISTING SEWER STUB MATCH EXISTING SLOPE 0> REMOVE EXISTING VALVE AND BLIND FLANGE, SALVAGE VALVE TO WATER DEPARTMENT REPLACE ALL SOD DAMAGED DURING 1 CONSTRUCTION. V � UTILITY EASEMENT�I NOTE: INSTALL A LOCATE MARKER BALL AT EACH BEND IN NEW WATER MAIN PER CITY OF MERIDIAN REQUIREMENTS. MARKER BALLS SHALL BE PROVIDED BY THE CITY OF MERIDIAN. UTILITY EASEMENT UWIIi SCALES SHOWN IDAHO C. PEACOCK C. P DESIGN CHECKED ARE FOR 11" X 17" PRINTS DNLY T. BURGESS .TRANSPORTATION DEPARTMENT DETAILED C. PEACOCK CADD FILE NAME 1235&8&W45.DWG DRAWING CHECKED T. BURGESS DRAWING DATE: MM ll 2015 CIVIL SURVEY CONSULTANTS, INC. O ID!°°, APPROVED FOR CONSTRUCTION �'� emyu amnwpi®u�rwm.mm.mwm bow- Ain, 20 40 80 SCALE: 1"=40' ADJUST VALVE BOX ITEM SHALL JCLUDE REPLACING EXISTING VALVE OX LID WITH S.W.S NON -POP LID. HIS LID SHALL ALSO BE USED ON ALL NEW VALVE BOX INSTALLATIONS EE PROJECT SPECIFICATIONS. 901-06 ABANDON EXISTING WATER SERVICE 1 EACH STA. 216+38.10, 33.12' RT 1 EACH STA. 217+85.02, 32.61' RT 5911-05 10" CASING FOR SEWER MAIN 62 FT STA. 216+73.00, 32.00' LT - STA. 216+73.00, 94.00' LT 5911-05 12" CASING FOR SEWER MAIN 67 FT STA. 218+92.26, 33.51' LT - STA. 216+91.03, 100.51' LT PROJECT NO. I CIN OF MERIDIAN SEWER AND WATER IMPROVEMI FRANKLIN RD, BLACK CAT RD AO 12(368) TO TEN MILE RD STA 216+30 TO 220+30 605-210 6" SANITARY SEWER PIPE 97 FT STA. 216+73.00, 7.00' LT - STA. 216+73.00, 104.00' LT 34 FT STA. 217+72.00, 31.36' RT - STA. 217+72.55, 65.00' RT 20 FT STA. 220+24.81, 28.78' RT - STA. 220+25.24, 48.91' RT 605-215A 8" SANITARY SEWER PIPE 97 FT STA. 218+92.73, 6.25' LT - STA. 218+91.07, 103.54' LT 33 FT STA. 218+93.43, 26.91' RT - STA. 218+93.97, 59.47' RT 5605 -OS ADJUST MANHOLE 1 EACH STA. 218+93.06, 10.36' RT S901 -05G RELOCATE EXISTING 2" WATER METER 1 EACH STA. 218+80.66, 52.78' RT 5901-05J T -TYPE SEWER CLEANOUT 1 EACH STA. 218+91.07, 103.54' LT 1 EACH STA. 218+93.97, 59.47' RT 0-90-1--o-5-0 SEWER SERVICE CLEANOUT 1 EACH STA. 216+73.00, 104.00' LT 1 EACH STA. 217+72.55, 65.00' RT 1 EACH STA. 220+25.24, 48.91' RT S901 -O6 2" WATER SERVICE CONNECTION 1 EACH STA. 217+88.28, 54.12' RT S901-O6J ABANDON EXISTING WATER MAIN 1 EACH STA. 219+07.80, 22.56' RT VSs\ONA I E4, 4 � JT/^G/ Tp English X71 ��17.2/4 couNrr ADA KEY NUMBER 12368 O F Fy J PEPc SHEET 46 OF 53 i r`a f ADA COUNTY RECORDER Christopher D. Rich 2015-116561 BOISE IDAHO Pgs=S BONNIE 12/23/2015 10:19 AM MERIDIAN CITY NO FEE III 11111 111111 11111111111111 III I I 1111111 MI II III 00178072201501165610050059 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this Q day of Dtcembe-r , 20 IS- between Rick Aberasturi , the parties of the first part,and hereinafter called the GRANTORS,and the City of Meridian,Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipelines from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD,the said easement and right-of-way unto the said GRANTEE, ifs successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs,performing maintenance,replacements or subsequent connections to the sanitary sewer and water mains,GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures.However,GRANTEE shall not be responsible for repairing,replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT S&W 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 become part of,or lie within the boundaries of any public street,then,to such extent,such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof,shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: dew) Ct_LI=L Rick Aberasturi (-/3 8 U . nota.>ci e. Uic T X34 cLt 2E 8326 y.6 Address STATE OF IDAHO ) : ss. County of Ada ) On this S day of AuiL5-fr , 20 /I , before me, Gore f B46ee`-' personally appeared Rices /h erfSl.ri , proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument,and acknowledged that he executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ,Al**� NOTARY PUBLIC FOR IDAHO • 014114'`r�p t Residing at: 9da GUS►��rj 0; w.ts Commission Expires: 3f30,' 0r • 4 , • Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc GRANTEE: CITY OF MERIDIAN iiir Tammy de , Mayor LA i: yr%_12...,),\...) C)^ ''' Attest Jaycee L. Holman, City Clerk ( ;,y,,; 1 ��1:i, i i l } .w i Approved By City Council On: /a a- '° , °" EAL STATE OF IDAHO, ) : ss County of Ada ) On this day of --Ccc e mbear- , 20 1S- ,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 w ititga.. r• •�• O fi • . Pal 1, (SEAL) ' , ; ; NOTARY 'UBLIC Fe ' IDAHO ' Residing at: -2x- .c k\0V-1 k . , °: Commission Expires: ��,, -1 Li D 0 a 0 OFT.• Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc EXHIBIT A UTILITY EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN,IDAHO PARCEL 11 —RICHARD ABERASTURI An easement for utility purposes located in the SW 1/4 of Section 10, Township 3 North, Range 1 West,Boise Meridian,Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the southwesterly corner of said SW 1A from which a brass cap monument marking the northwesterly corner of said SW 1A bears N 0°38'55"E a distance of 2653.11 feet; Thence N 0°38'55" E along the westerly boundary of said SW 1A a distance of 347.49 feet to a point; Thence leaving said westerly boundary S 89°21'05" E a distance of 41.00 feet to the POINT OF BEGINNING; Thence S 89°43'14"E a distance of 10.00 feet to a point; Thence N 0°38'55"E a distance of 13.15 feet to a point; Thence S 89°34'15"E a distance of 8.05 feet to a point; Thence N 0°25'45"E a distance of 20.00 feet to a point; Thence N 89°34'15" W a distance of 17.97 feet to a point on the easterly right-of-way of Black Cat Road; Thence S 0°38'55" W along said easterly right-of-way a distance of 33.17 feet to the POINT OF BEGINNING. This parcel contains 492 square feet (0.011 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS ° "' Civil SurveyConsultants, Inco orated � ��� at' , ' ' May 8, 2015 s N Sit/45719 r' a:�p F, EXHIBIT B SKETCH TO ACCOMPANY EASEMENT DESCRIPTION LOCATED IN THE SW 1 /4 OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO. i 1 SCALE: 1"=20' 1/4 ', 0 Q O C I E I I- N H (0 6 QU o N 0 N 89'34'15" W Q >> Y 17.97' *w g z I w o I - ,)- 03 `n1-� N • MM O Z oI � L-3 � l'Av), N 04 LANA • S 89'21'05" E >' ?ll Lu 41.00' L-1 a 5082 29 in POINT OF29 BEGINNINGI Sh31/5 o _ 1 0(,,,,47.E.OF�pP '� ) z I IN K.BENNE ro I I CIVIL SURVEY CONSULTANTS,INC. I 2893 S.MERIDIAN ROAD MERIDIAN,IDAHO 83642 (208)888-4312 r_____________ 9,10 LINE DATA 16 "15 LINE BEARING DISTANCE L-1 I S 89'43'14" E 10.00' L-2 N 03855" E 13.15' 1-.3 .c R.9'.34'15" F 8.05' ADA COUNTY RECORDER Christopher D.Rich 2015-116562 BOISE IDAHO Pgs=5 BONNIE 12/23/2015 10:19 AM MERIDIAN CITY NO FEE III IIIIIIIIII 111311111131 111111 111111 III II I III 00178073201601166620060066 SANITARY SEWER EASEMENT THIS INDENTURE, made this ? day of De cetvtber, 20 kcibetween Jerry and Carol Trana, the parties of the first part,and hereinafter called the GRANTORS,and the City of Meridian,Ada County, Idaho,the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS,the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a sewer line and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD,the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs,performing maintenance,replacements or subsequent connections to the sanitary sewer mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sewer Main Easement EASMT SEW 11-15-13.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street,then,to such extent,such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement,and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: -VEL'L1-/' Presi t i��/ r✓'/. /' et S•• - • `,;' l ori rlGtt 1< L yeti ^G:4t Address STATE OF IDAHO ) : ss. County of Ada ) On this " day of kV h51 ,20 l 5 , before me,the undersigned,a Notary Public in and for said State, personally appeared 'rra ie cc and Gare Ttaa , known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. ••4,4:1 11,14. fi4// • (SEAL) `U0;S � '�► 0 NOTARY PUBLIC FOR IDAHO • • 0: Residing at: /9,6‘ li d ,' Commission Expires: V3/, Sewer Main Easementyj �,O ; EASMT SEW 11-15-13.doc GRANTEE: CITY OF MERIDIAN T. y de 110frd, Mayor v„fLDALC,, 146),--ct ot Attest b ycee L. Holman, City Clerk L._ /M EI ID ,A,NAS PUAHp y Approved By City Council On: a/ate//S .FYT SEAL the T R,15i�`� STATE OF IDAHO, ) : ss County of Ada ) On this wD day of -Des ems ,20 AS ,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. •��••*••� ems_ psi ,�r�• (S 0� 4 % NOTARY PUBLIC FOR IDAHO :'v% Residing at: \--kirm crirTh l� • J ;• Commission Expires: 1 / y / .)C>a .s'i TF nF v.• Sewer Main Easement EASMT SEW 1 1-15-13.doc UTILITY EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO PARCEL 9 — JERRY TRARIA An easement for utility purposes located in the SE 1/4 of Section 9, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the southeasterly corner .of said SE 1/4 from which a brass cap monument marking the northeasterly corner of said SE 1/4 bears N 0°38'55" E a distance of 2653.11 feet; Thence N 0°38'55" E along the easterly boundary of said SE 1/4 a distance of 360.68 feet to a point; Thence leaving said northerly boundary N 89°21'05" W a distance of 87.00 feet to the POINT OF BEGINNING; Thence N 89'34'15" W a distance of 37.03 feet to a point; Thence N 0°25'45" E a distance of 20.00 feet to a point; Thence S 89'34'15" E a distance of 37.11 feet to a point on the westerly right-of-way of Black Cat Road; Thence S 0°38'55" W along said westerly right-of-way a distance of 20.00 feet to the POINT OF BEGINNING. This parcel contains 741 square feet (0.017 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated May 8, 2015 n @ ",�'+�"Fe i` EXHIBIT SKETCH TO ACCOMPANY EASEMENT DESCRIPTION LOCATED IN THE SE 1/4 OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN; ADA COUNTY, IDAHO. SCALE: 1 "=20' 1/4 1 I 0 O 1 I cy— JERRY TRANA U N N S 89°34' 15" E r,) co w 37.11' o UTILITY 0 �n w N o N EASEMENT old N Lo O z O 37.03' N 89°21'05" W 87.00' 00o N7 o N 89°34'15" W z POINT OF BEGINNING coI 0 r pNL LAN® `o,, `STPR G� G 0 -c 0- 5p52 C CIVIL SURVEY CONSULTANTS, INC. 9 2893 S. MERIDIAN ROAD 10 E� �N K. 8ENS MERIDIAN, IDAHO 83642 1 6 15 (208)888-4312 r ADA COUNTY RECORDER Christopher D. Rich 2015-116571 . • , BOISE IDAHO Pgs=4 DAWN TRIVOLIS 12/23/2015 10:25 AM MERIDIAN CITY NO FEE II I II I I I 111111111111111111111111111111111 III I I III 00178083201501165710040048 TEMPORARY CONSTRUCTION EASEMENT THIS INDENTURE, made thise day of per-erg c r , 20 IS between Buyrite, LLC ,. the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS,the sanitary sewer and water main is to be provided for through an underground pipeline to be constructed by others and or GRANTEE; and 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 CONSTRUCTION PLANS) The temporary construction easement hereby granted is for the purpose of construction of a sewer line and related incidental work and storage of materials related to the construction process. TO HAVE AND TO HOLD,the said easement and right-of-way unto the said GRANTEE, its successors and assigns shall be temporary. The termination of this easement shall expire 30 days after the installation and acceptance of said sewer and water lines by the GRANTEE. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after installing and accepting said sewer and water lines, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Temporary Construction Easement EASMT TEMP 11-15-13.doc r , 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. GRAN ;./ President` - 1146. >, Secretary Address STATE OF IDAHO ) . ss. County of Ada ) On this 5 st-- day of , 20 1,S.- ,before me,the undersigned,a Notary Public in and for said State,personally appeared R-' .sse l I b. 4l.enew u ( e - and , known or identified to me to be the Manan i.>j rnanbe-i Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. •..a... •®• Kp •.• tom L�— (SEAL) s lg=----_L �,oT�-,?�. NOTARY PUBLIC FOR IDAHO •4 ° Ncp® Residing at: AJAi-ip -SL ® ■ � Commission Expires: l-o5-1(P a e e ■ • % 6 . • \ • •' �P�' ..... Temporary Temporary Construction Easement EASMT TEMP 1 I-15-13.doc GRANTEE: CITY OF MERIDIAN , -----„,-------, ,. J Tammy de W 7Mayor -we , Attest Jaycee L. Holman, City Clerk w 1Ci+.y of S LYDIA Nt-- Approved By City Council On: /did-- sod/ \tea„o� SEAT 1 ';f c STATE OF IDAHO, ) : ss County of Ada ) On this o� day of cern Y ,20 \S---,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. %0.J01V4+•• C4' -'- '- 0/of, , . NOTARY PUBIC FOR IDAHO ,k W' Residing at: end i a.✓l 1_1) Commission Expires: � h _�C��c 1 • ,‘ 4. • •-----.• Temporary Construction Easement EASMT TEMP I I-15-13.doc -ADJUST VALVE BOX ITEM SHALL INCLUDE REPLACING EXISTING VALVE NOTE: INSTALL A LOCATE MARKER BALL AT EACH BEND IN NEW WATER MAIN PER CITY OF MERIDIAN REQUIREMENTS. MARKER BALLS SHALL BE PROVIDED BY THE CITY OF MERIDIAN. j C'SCALES SHOWN KEY NOTES ARE FOR 11" X 17' NON—POTABLE PIPE CROSSING SEE O1 WATER NOTE #2 AND #3 ON SHEET 52 O3 CONCRETE THRUST BLOCK iO 12"x12"x12" DUCTILE IRON TEE, MJXMJXFL C'SCALES SHOWN ARE FOR 11" X 17' DESIGN CHECKED T. BURGESS PRINTS ONLY DETAILED CADD FILE NAME I C. PEACOCK 123585... DRAWING CHECKED T. BURGESS DRAWING DATE: MARCH 2015 i 0 20 40 80 SCALE: 1 "=40' IDAHO ^ �" TRANSPORTATION DEPARTMENT CIVIL SURVEY CONSULTANTS, INC. CITY OF MERIDIAN TEMPORARY UTILITY EASEMENT PROJECT NO. AD12(368) r7 w S w w In oo o LL] z J U F— Q CITY OF MERIDIAN PERMANENT UTILITY EASEMENT CITY OF MERIDIAN SEWER AND FRANKLIN RD, BLACK CAT RD TO TEN MILE RD STA 83+40 TO 88+10 605-215 8" SANITARY SEWER PIPE 389 FT STA. 83+40.00, 17.50' RT — STA. 87+29.00, 17.50' RT 64 FT STA. 87+29.00, 17.50 RT STA. 87+29.00, 83.50' RT 605-455A MANHOLE TY A 1 EACH STA, 87+29.00, 17.50' RT 5600-1 ADJUST VALVE BOX 1 EACH STA. 87+50.78, 32.05' LT S600 -45C 12" WATER LINE 34 FT STA. 87+42.78, 32.05' LT — STA. 87+42.78, 83.50' RT S901-051 2" BLOW—OFF ASSEMBLY PER MER SD—W12 1 EACH STA. 87+42.78, 83.50' RT, 5901—O5J T—TYPE SEWER CLEANOUT 1 EACH STA. 87+29.00, 83.50' RT 5901—O6G 12" GATE VALVE 1 EACH STA. 87+42.78, 32.05' LT VYl,,, APPROVED FOR CONSTRUCTION N.nvMmm,«m.n,mmr.m,�m e« NanGn.mr.nu mec«wea enm..eoenmH"eNmme Nmmy MNa'"uN.Ampwmon mmaan Nose gens,«w m«gi.«.eww,Ne M«tlMcq �e� m�ia eps�vlbv cello wa ,wMbn Y �SSIO NN AA L English a l.) COUNTY ADA couN ADA KEY NUMBER 12,368 0 F OF Fy J p�pG SHEET 32 OF 53 ADA COUNTY RECORDER Christopher D. Rich 2016.001010 BOISE IDAHO Pgs=5 DAWN TRIVOLIS 01/06/2016 10:10 AM MERIDIAN CITY NO FEE 'I'III('II'II'I(I'I'III�IIIiiiIlil I�IIII�i ISI I SII 00181616201600010100060061 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this qday of Vcr er %bti,, 20th between Buyrite, LLC, the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the parry of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipelines from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the sanitary sewer and water mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT S&W 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 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. TIIE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR- V/ ;r 4 esidenl -Secretary— Address STATE OF IDAHO ) . ss. Comity of Ada ) On this day of L +-c .20 , before me, the undersigned, a Notary Public in and for said State, personal ppeared and g , known or identified to me to be the 414esident- • ,. •Seeretar n 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 first above written. 1µJq�-�yK®TL41 (SEAL) ��;�®`f A � 1 t B S Sanitary Sewer and Water ?Mm NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: b- -1(42 EASMT S&W 11-15-13.doe GRANTEE: CITY OF MERIDIAN Tammy de Vy e , Mayor �` GOSS O�A'CED l�UCL 11 L. Holman, City Cleric Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) City b Ef RI -slily � I-� r k,r IbANU -® SEM- Pti TREK On this ;:�;X day of �p_,cej hr , 20 lam_, before me, the undersigned, a Notary Public in and for said State, personally appeared Tanury de Weerd and Jaycee L. Holman, known to me to be the Mayor and City Cleric, respectively, of the City of Meridian, Idaho, and who executed the withininstrument, and acknowledged to ire 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. CIA wr?r ®T AR,•4c (SIA') r •�►97E OF �®�''® Sanitary Sewer and Water Main Easement e �INOTARY PUBLIC F R IDAHO Residing at: an Commission Expires: EASMT S&W 1 1-15-13.doc EXHIBIT A UTILITY EASEMENT DESCRIPTION FOR THE, CITY OF MERIDIAN, IDAHO PARCEL 31— BUYRITE, LLC An easement for utility purposes located in the NE '/, of Section 15, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the northwesterly corner of said NE '/4 from which a brass cap monument marking the northeasterly corner of said NE '/4 bears S 89°15'24" E a distance of 2640.81 feet; Thence S 89°15'24" E along the northerly boundary of said NE 1/4 a distance of 1068.11 feet to a point; Thence leaving said northerly boundary S 0044136" W a distance of 73.12 feet to the POINT OF BEGINNING; Thence continuing S 0°4436" W a distance of 39.00 feet to a point; Thence S 89'15'24" E a distance of 34.00 feet to a point; Thence N 0°4436" E a distance of 39.00 feet to a point on the southerly right-of-way of Franklin Road; Thence N 89°15'24" W along said southerly right-of-way a distance of 34.00 feet to the POINT OF BEGINNING. This parcel contains 1,326 square feet (0.030 acres) and is subject to any other easements existing or in use. Prepared by: Gleam K. Bennett, PLS �r&a Civil Survey Consultants, Incorporated � � °`�r May 8, 2015 r` '{` ' r 1 AA 1�2 �> EXHIBIT B SKETCH TO ACCOMPANY EASEMENT DESCRIPTION LOCATED IN THE NE 1/4 OF SECTION 15, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO. SCALE: 1 "=20' IL S 89'15'24" E 2640,81' 10 11 1068.11' 1/4 1572.70' 15 14 FRANKLIN ROAD iV t7 �I in M d- O N 89'15'24" W POINT OF 34.00' - BEGINNING w PL LAtV �p UTILITY EASEMENT M o 0 -t cn z c 5082 34.00' OF SOP A, fFHN S 89' 15'24" E k. B�N�� BUYRITE, LLC 31 CIVIL SURVEY CONSULTANTS, INC. 2893 S. MERIDIAN ROAD MERIDIAN, IDAHO 83642 (208)888-4312 Meridian City Council Meeting DATE: December 22, 2015 ITEM NUMBER: 51 PROJECT NUMBER: H-2015-0004 ITEM TITLE: Shelburne Subdivision No. 1 Final Order: H-2015-0004 Shelburne Subdivision No. 1 by Shelburne Properties, LLC Located 1/4 Mile East of S. Eagle Road and North of E. Amity Road 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: December 22, 2015 ITEM NUMBER: 5J PROJECT NUMBER: H-2015-0016 ITEM TITLE: Una Mas Findings of Fact, Conclusions of Law for Una Mas (H-2015-0016) by Glenn Walker, NeuDesign Architecture Located Southwest Corner of E. Ustick Road and N. Records Avenue Request: Modification to the Development Agreement to Remove the Requirement for all Building Elevations to be in Substantial Conformance with the Previously Approved Elevations 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: December 22, 2015 ITEM NUMBER: 5K PROJECT NUMBER: H-2015-0025 ITEM TITLE: Twelve Oaks Center Subdivision Findings of Fact, Conclusions of Law and Order for Twelve Oaks Center Subdivision (H-2015-0025) by Twelve Oakes, LLC Located South Side of W. Franklin Road, Approximately 1/4 Mile West of S. Linder Road; Request: Short Plat Approval Consisting of Four (4) Building Lots on 1.44 Acres of Land in a C -C Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: December 22, 2015 ITEM NUMBER: 5L PROJECT NUMBER: H-2015-0018 ITEM TITLE: TM Creek East Findings of Fact, Conclusions of Law for TM Creek East (H-2015-0018) by SCS Brighton, LLC Located Southeast Corner of S. Ten Mile Road and W. Franklin Road; Request: Annexation and Zoning of 14.93 Acres of Land with an R-40 Zoning District; Request: Modification to the Development Agreement (Inst. # 1 140457759) for TM Creek to Include the Subject 14.93 Acre Parcel in the Agreement 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: December 22, 2015 ITEM NUMBER: 5M PROJECT NUMBER: H-2015-0017 ITEM TITLE: Calnon Properties Kostka & Calnon, LLC / Calnon Enterprises, LTD Located 2215 W. Franklin Road; Request: Annexation and Zoning of 55.55 Acres of Land with C -C (40.06 Acres), TN -C (5.46 Acres) and TN -R (10.03 Acres) Zoning Districts AND Amendment to the Future Land Use Map Contained in the Ten Mile Interchange Specific Area Plan to Change the Land Use Designation on 40.06 Acres of Land from Medium High and High Density Residential to Mixed Use Commercial; and 15.49 Acres of Land from Medium, Medium -High and High Density Residential to Mixed Use Residential 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: December 22, 2015 ITEM NUMBER: 5N PROJECT NUMBER: Resolution ITEM TITLE: Acceptance of Ownership of Main Street Improvements Resolution No. 1'5' ( I D-: Acceptance of Ownership of Main Street Improvements as Constructed by Meridian Development Corporation MEETING NOTES rai Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN SIGNIFYING ACCEPTANCE OF OWNERSHIP OF MAIN STREET IMPROVEMENTS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 7, 2014, the City of Meridian ("City") and the Meridian Development Corporation ("MDC") entered into a Master Improvement Agreement Between Meridian Development Corporation and City of Meridian ("Master Agreement"), which Master Agreement includes, inter alia, general conditions for City's acceptance of completed MDC projects for City ownership; WHEREAS, on December 16, 2014, the City and MDC entered into a Project Agreement between Meridian Development Corporation and City of Meridian for Main Street Improvements: Islands and Historic Lighting ("Project Agreement"), which Project Agreement includes, inter alia, specific conditions for City's acceptance of the following enumerated improvements installed by MDC for City ownership (collectively, "Main Street Improvements"): a) Two traffic -calming islands on Main Street, one between E. Broadway Avenue and E. Idaho Avenue, and one between E. Idaho Avenue and E. Pine Avenue, and related infrastructure; and b) Historic street lighting along both sides of Main Street, between E. Broadway Avenue and E. Pine Avenue; WHEREAS, the Project Agreement contemplates that following construction and installation of the Main Street Improvements, project close-out would include these steps: 1. MDC will provide to City Contact copies of full releases and waivers of lien or proof of bonding from any and all subcontractors and/or major suppliers. 2. City will adopt a resolution indicating acceptance of ownership and on-going responsibility for the Main Street Improvements as constructed and installed. City will provide MDC with a copy of said resolution. WHEREAS, MDC has provided to City copies of full releases and waivers of lien from all subcontractors and/or major suppliers, as required by the Project Agreement, attached hereto as Exhibit A, and MDC has certified, by and through MDC resolution no. 15-051, attached hereto as Exhibit B, that the project is complete; and WHEREAS, by this resolution, the City Council of the City of Meridian seeks to complete project close-out and accepts, on behalf of the City, ownership and ongoing responsibility for the Main Street Improvements; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City of Meridian hereby accepts the delivery of the Main Street Improvements as constructed and installed by MDC, and by this instrument the City accepts RESOLUTION ACCEPTING OWNERSHIP OF MAIN STREET IMPROVEMENTS PAGE 1 ownership of the Main Street Improvements for all purposes. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, thisx day of December, 2015. APPROVED by the Mayor of the City of Meridian, Idaho, this day of December, 2015. APPROVED: Mayor Tamm/de Weerd City of E1�1DDIAEST- AV, 0 ;r^ qtr SQL aJa yce Orman RESOLUTION ACCEPTING OWNERSHIP OF MAIN STREET IMPROVEMENTS PAGE 2 EXHIBIT A RELEASES AND WAIVERS OF LIEN RESOLUTION ACCEPTING OWNERSHIP OF MAIN STREET IMPROVEMENTS PAGE 3 CONSENT OF SURETY TO FINAL PAYMENT AL4 Dncwnent G707 Bond No, :y2193730 TO OWiNEI- . fNmtntNrrd add m -J Meridian Development Corporation 33 E. Broadway Ave. Meridian, ID 83642 1*0JECT; fmiarefindaMwwo OCi/MR MC,!-iITE= CGINIUCTOR SURF' OT.R ARCHITECT'S PROJECT NO.; CObimcr FOR: C0NTMCT1)RMD, March 11, 2015 Main Street Project; Broadway Ave to Pine Ave Mid Block Islands and/or Historic Lighting Tn acoordan eWiTh ibe PrQirlslotts ofttie Contract between the Owncr,antl ti•.e Contmctcras: indicate(t above, rhe pttnartrrruitelurtt adrli�, f yr:,ztj� - North American Specialty Insurance Company 475 North Martingale Road, Suite 850 Schaumburg, IL 60173 ? SUR M, on bond of !insert rratnvaild'IddruaofCvntractvr) Paul Construction, Inc. P.O. Box 1117 Meridian, ID 83680 , CON7C7RAUUR, hemby approves Of the final payment to the Contractor, and agrees that Anal payment to the Contractor ahaD not relieve the Swmy of any of Its obligation to fdrt.�wrtrt�rtr�utrfl arktreus gJ'0mtrarl Meridian Development Corporation 33 E. Broadway Ave. Meridian, ID 83642 aG see fbrtb In said Surety's bond. OWNI3R, IN iYtiT ESS NVUHREOP, the surety has bereumo set its hand on this date; August 18, 2015 f imd fnit>Wingt/terrwntb,(vllouwdhl1tfmonurrafudare urrrla"r,) �h1UUlIJtIiQ1/� pp �1PUTYf41V'k ira2. Op41;9T�C`G x� 1�Ln- Attest-. (Seal); Amy 'a s North American Specialty Insurance Company {Qrnrr{r� fs�{uatut�.rtfatrtho,dt. vsrtxtatrixy Brenda J. Smith Attorney -in -Fact 0*tied ttantu crud Oki 0707-1994 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF AT'T'ORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois each does hereby make, constitute and appoint: Brenda J. Smith Its true and lawful Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, the following surety bond: Principal: Paul Construction, Inc. Obligeo: Meridian Development Corporation Bond Number: 2193730 Bond Amount: See Bond Form Bond Description: Main Street Project: Broadway Ave to Pine Ave Mid Block Islands and/or Historic Lighting Provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9'h of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seat of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." vausuam ��1�1pUln11111ll,i `¢110N'µ t� kT;�{P�`.1<6`G�i: �y 4i'pRPORq j'l's Steven P. Anderson, Senior Vice Presidmt of Washingtonrntemationilinsurance Company = g s !' 's v&SoniorVieoPmeidentofNorlhAmericanSpeelalty,nsumnceCompiny ' SEALS t� � 5FAL lox �i rm �s7� 1918ry; By- David icdnltlematicnal nceCompany & VPresident !},itb� IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 25th day of May _ 2012. North American Specialty Insurance Company Washington International Insurance Company State•of Illinois County of Cook ss: On this 251h day of May 20 12 , before me, a Notary Public personally appeared Steven P. Anderson . Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duty sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "OF+- FICIAL. SLAV• DONNA D, SKLBNS Notary Poblia, State of Illinois Donna D, Sklens, Notary Public My CornrnissionBxplres 10/0612015------------ I, Jeffrey Goldberg , the duly elected Assistant Secretat I of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect, IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 18th day of August '2015- Ate�de�_ JerrreyGoldherg, Viee president & Assistant$ccretary of Washington Wann'llonal Insurance Company & Assistant Secretary of North American Speoislty insurance Company PWL - 10495 -AA -4(02319, 02850, PWL -1.0495-P63j(6,2 JJ 0@2K140, i� 0250(94.3 0 0�6'1955) . Liif4 + P.O. �Noplh��;epw 4V��80 �Xcavatlon �98�UJ-W53MHPOJ� S13 ( 08) 466-29g-3maifpfa#.IcigVcgl-�om E-mail: plcristrct*Yo 21 RCE 6121 UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT The undersigned has been paid in full for all labor, services,equipment or material furnished by Sunshine Landscape on the project of Meridian Development Corporation, owner, and Paul Construction Inc., general contractor, for the Mid -block Island "and 141stwrlcai Lighting Project In Meridian, Idaho, and does hereby release any right to.a mechanic's Sen, stop notice or any right against a labor.and material bend on the project except for disputed claims for extra work in the amount of $ N/A. This document also releases Paul Construction Inger and Meridian Development Corporation from liability. r Dated:;�.. ._.€ s ,,.d. _ BY: Title, ...r .Y. FI_�""•"" 1. ;t � Subscribed and sworn to before me on s `/ day of fA t ) X315. Notary Public:__ My Commission expires: Site Utilities--o-Asphalt Ex-cavatim UNCONDITIONAL -WAIVEk:-ANb OF*11LEASW UPORSINAL PAY ENT PWL-404.95-A- * A -+(02--3.19, Q28�0, -02-3,.1Q,-D3300,'-.0274.0, 02-500, 03900, 02200A2.855). Ro,.13.ox 466,205-1- fax VQ'*8) 465-:90.13. R**CP,- - 61.2J The und e'rsigno4has hben.00tid:kn full ftyr all:labor,. Jay Siputhern4dah6 ElCt . e* &.06--f-h vo .-ownietjAnO'Pa(ol Constru.cf1citl Inc., general for MWRIbdk--.IsI6-'*d. --d*Hl* JiLf9 9 i3chfln O.yol t 1.. in WrIctlad, -I.dahq,.zfhd dohs- herebyrelease -any 't .. H& ee anics lien;: stop against a labor and. materjaf-:b6,6a:pn *.o.pr dispUted claim fo Wo tk i n* th e N/A. This d*pcun1!enfaIsa releases. Paul Construction liability. Dated: 5v Title.,- _J� Subscribed aWswor -t ---bef6re.meio Notary Public; WYNORAW,-STAPUTON "fi My..commis*sion expires,ldciiii Vfil t/ uction Inc. Site Utilities • Asphalt Paving • Excavation UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT ?WL -10495-AA-4(02319,02850, 02310, 03300, 02740, 02540, 03900, 02200, 02855) P.O. Box 1117 • Meridian, ID 83680 (208) 466-2953 • Fax (208) 465-9013 E-mail: plenstretn@cs.com RCE - 6121 The undersigned has been paid in full for all labor, services, equipment or materlaJ furnished by Axelson Concrete on the project of Meridian Development Corporation, owner, and Paul Construction Inc„ general contractor, for the Mid -Block Island and Historical Lighting Project in Meridian, Idaho, and does hereby release any rightto a mechanic's lien, stop notice orany right against a labor and material bond on the project except for disputed claims for extra work in the amount of $ N/A. This document also releases Paul Construction Inc, and Meridian Development Corporation from liability, Dated: �-���,�5 By: Title: Subscribed and sworn to before me on,�2 lday of, i 22015. Notary Public My Commission expires: —Z 6 C. t'd 969Z -99b -90Z e}ejouoo ueslexy dqC: 60 91, I•Z 6nV EXHIBIT B MDC RESOLUTION NO. 15-051 RESOLUTION ACCEPTING OWNERSHIP OF MAIN STREET IMPROVEMENTS PAGE 4 MERIDIAN DEVELOPMENT CORPORATION THE URBAN RENEWAL AGENCY OF THE CITY OF MERIDIAN Resolution No. 15-051 BY THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF MERIDIAN, IDAHO, AIKIA THE MERIDIAN DEVELOPMENT CORPORATION: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF MERIDIAN, IDAHO, ACKNOWLEDGING COMPLETION OF THE MAIN STREET ISLANDS PROJECT AND REQUESTING THAT THE CITY OF MERIDIAN ("CITY") ADOPT A RESOLUTION ASSUMING OWNERSHIP OF AND RESPONSIBILITY FOR THE IMPROVEMENTS PURSUANT TO THE MASTER AGREEMENT AND PROJECT AGREEMENT BETWEEN THE CITY OF MERIDIAN AND THE MERDIAIN DEVELOPMENT CORPORATION ("MDC"); AUTHORIZING THE ADMINISTRATOR TO TAKE ALL NECESSARY ACTION REQUIRED TO IMPLEMENT THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. THIS RESOLUTION, made on the date hereinafter set forth by the Urban Renewal Agency of the City of Meridian, Idaho, an independent public body corporate and politic, authorized under the authority of the Idaho Urban Renewal Law of 1965, as amended, Chapter 20, Title 50, Idaho Code, a duly created and functioning urban renewal agency of the City of Meridian, Idaho, hereinafter referred to as the "MDC." WHEREAS, the MDC, an independent public body, corporate and politic, is an urban renewal agency created by and existing under the authority of and pursuant to the 'Idaho Urban Renewal Law of 1965, being Idaho Code title 50, chapter 20, as amended and supplemented, and the Local Economic Development Act of 1988, being Idaho Code, Title 50, Chapter 29; as amended and supplemented (collectively the "Act"); a WHEREAS, the MDC was established by Resolution No. 01-367 of the City Council of the City of Meridian, Idaho (hereinafter the "City Council"), adopted July 24, 2001; WHEREAS, the City Council of the City of Meridian, Idaho (the "City"), on October 8, 2002, after notice duly published, conducted a public hearing on the Meridian Revitalization Plan (the "Revitalization Plan"); RESOLUTION NO. 15-051 (Request City Assume Ownership of Main St. Islands) - 1 WHEREAS, following said public hearing the City adopted its Ordinance No. 02- 987 on December 3, 2002, approving the Revitalization Plan and making certain findings; WHEREAS, MDC and the CITY have entered into a Master Improvement Agreement dated October 7, 2014 and a Project Agreement specific to the Main Street Islands Project dated December 16, 2014 describing the relationship between the CITY and MDC concerning construction, completion and transfer of ownership of the public improvements described as the Main Street Islands; WHEREAS, MDC has completed the necessary steps and provided the City with the required information under the agreements to facilitate transfer of ownership of the improvements known as the Main Street Islands; WHEREAS, MDC desires that the City assume ownership and control of the Main Street Islands; NOW, THEREFORE, BE IT RESOLVED BY THE MEMBERS OF THE BOARD OF COMMISSIONERS OF THE URBAN RENEWAL AGENCY OF MERIDIAN, IDAHO, A/K/A THE MERIDIAN DEVELOPMENT CORPORATION, AS FOLLOWS: Section 1: That the above statements are true and correct. Section 2: That the Board acknowledges that the Main Street Islands Project is complete and the necessary information and documentation has been provided to the City as required in the Master Improvement Agreement and the Project Agreement with the City. Section 4: The Board hereby authorizes transfer of ownership of the improvements to the City, requests that the City assume ownership and control of the improvements and adopt a resolution taking ownership and control of the improvements in accordance with the agreements between the City and MDC. Section 5: The Board authorizes the Administrator to take all necessary action to implement this resolution. Section 6: That this resolution shall be in full force and effect immediately upon its adoption and approval. PASSED AND ADOPTED by the Urban Renewal Agency of the City of Meridian, Idaho, a/k/a the Meridian Development Corporation, on October 28, 2015, RESOLUTION NO. 15-051 (Request City Assume Ownership of Main St. Islands) - 2 Signed by the Chairman of the Board of Commissioners, and attested by the Secretary to the Board of Commissioners, on this October 28, 2015. APPROVED By Chairma ATTEST: t By Secretary RESOLUTION NO. 15-051 (Request City Assume Ownership of Main St. Islands) - 3 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 De c e m b e r 2 2 , 2 0 1 5 De c e m b e r 2 2 , 2 0 1 5 De c e m b e r 2 2 , 2 0 1 5 De c e m b e r 2 2 , 2 0 1 5 It e m s # 7 A : J a c k s o n H e a d q u a r t e r s V a c a t i o n - Z o n i n g & A e ri a l M a p s Ja c k s o n H e a d q u a r t e r s V a c a t i o n – Ar e a p r o p o s e d t o b e v a c a t e d Meridian City Council Meeting DATE: December 22, 2015 ITEM NUMBER: 7A PROJECT NUMBER: H-2015-0028 ITEM TITLE: Jackson Headquarters Vacation Public Hearing Continued from December 15, 2015 for Jackson Headquarters Vacation (H-2015-0028) by B & A Engineers, Inc. Located at 3410 & 3500 W. Commercial Court Request: Vacate a Portion (10x135.5 feet) of the 10 -Foot Wide Public Utility and Drainage Easement Located on the East Boundary of Lot 3, Block 2 and the West Boundary of Lot 4, Block 2 that is Platted with the Commerce Park Subdivision MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE December 22, 2015 Project Number: ITEM # H-2015-0028 7A Project Name: Jackson Headquarters Vacation PLEASE PRINT NAME FOR AGAINST NEUTRAL :-z 1^i G CITY CLERKS OFFICE Meridian City Council Meeting DATE: December 22, 2015 ITEM NUMBER: 7B PROJECT NUMBER: H-2015-0028 ITEM TITLE: Jackson Headquarters Vacation Request: Vacate a Portion x 135.5 teet)ot the I 07ootWide Fublic Utility and Drainage Easement Located on the East Boundary of Lot 3, Block 2 and the West Boundary of Lot 4, Block 2 that is Platted with the Commerce Park Subdivision B. Resolution No. iGj ��� : A Resolution (Jackson Headquarters H-2015-0028) Vacating A Portion (10'x 135.5' area) of the 10 -foot Wide Public Utility, Drainage and Irrigation Easement along the East Boundary of Lot 3, Block 2 and the West Boundary of Lot 4, Block 2 Platted with Commerce Park Ci ihdi"icinn Inr ntp- -! of 2Aln nnr) 'Z4,nn (`nmmi-rciril (-nl in MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes f CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2015-116564 BOISE IDAHO Pgs=4 BONNIE 12/231201510:19 AM MERIDIAN CITY NO FEE 00178076201601166640040044 CITY OF MERIDIAN RESOLUTION NO. 1 5-116% BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION VACATING A PORTION (10 x 135.5 FEET) OF THE 10 - FOOT WIDE PUBLIC UTILITY, DRAINAGE AND IRRIGATION EASEMENT LOCATED ON THE EAST BOUNDARY OF LOT 3, BLOCK 2, AND THE WEST BOUNDARY OF LOT 4, BLOCK 2 THAT IS PLATTED WITH THE COMMERCE PARK SUBDIVISION. SUBJECT PROPERTY IS LOCATED AT 3410 AND 3500 WEST COMMERCIAL COURT, IN THE SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 22, 2015 the City Council of the City of Meridian, held a hearing on the vacation of a portion (10'x 135.5' area) of the 10 -foot wide public utility, drainage and irrigation easement along the east boundary of Lot 3, Block 2 and the west boundary of Lot 4, Block 2 platted with Commerce Park Subdivision, as shown in the attached Exhibit "A". WHEREAS, the subject property is located at 3410 and 3500 Commercial Court in the Southwest Quarter of Section 9, Township 3 North, Range 1 East Boise Meridian, City of Meridian, Ada County, Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That a portion (10'x 135.5' area) of the 10 -foot wide public utility, drainage and irrigation easement along the east boundary of Lot 3, Block 2 and the west boundary of Lot 4, Block 2 platted with Commerce Park Subdivision located at 3410 and 3500 Commercial Court, located in the Southwest Quarter of Section 9, Township 3 North, Range 1 East Boise JACKSON HEADQUARTERS VACATION—H-2015-0028 PAGE I of 2 Meridian, City of Meridian, Ada County, Idaho, is hereby vacated. A copy of the necessary relinquishment is attached as Exhibit "A". Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. P4kSSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of December, 2015. PROVED BY THE day of December, 2015. ATTEST: aycee 0 Holman, City Clerk STATE OF IDAHO, ) ss County of Ada ) MAYOR OF THE CITY OF MERIDIAN, IDAHO, this de Weerd Inc), On this day of2015, 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. •Sg LCA J'•. (SEAL); '�y%p T4 » iG JACKSON HEADQUARTERS VACATION—H-2015-0028 NOTARY PUBLIC FOR IDAHO RESIDING AT: a Y) l \) MY COMMISSION EXPIRES: o �� PAGE 2 OF 2 EXHIBIT A I3 & A Engineers, Inc. consulting Mrigineers ry surveyors 5505 W. r-rsnklin Rd. Boise. id. 83705 Phone. 208.343,3381 FaCSIM11e 208.342.5792 Easement Vacation Description A portion of Lots 3 & 4, Melt:2 Commerce ParI<Subdivision 18 August 2015 A portion of Lots 3 8's 4, Block 2 of Convnerce Park Subdivision as shown In Book 45 of fiats at Page 3721 records, Ada County, idiho..S'ihiatC in tho southwesL quarter of Scclion 9, Township 3 North, Mange 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows, Beginning at die northwest corner of sold Lot 4! Thence SRS°28'18"13, 5.00 fret along thenortherly boundary ofsaid Lot 4; Thence 800°00'00'8,135.50 feet along a line 5 -feet easterly of and parallel to the westerly boundary of said Lot 4; Thence N90°00'00"N, 10.00 feet to a point 5 -feet westerly of the easterly boundary ofsaid Lot 3; Thence N00°001001% 135.77 foot along a line S-fcct westerly of the easterly boundary ofsaid Lot 3 to the northerly boundary of Bald Lot 3; Thence S88°28'18" P, 5.00 foot along die northerly boundary ofsaid Lot 3 to OtcPoint ofBegbrolug. Comprising 1,356 square feet more or less, Jackson Headquarters Vacation —H-2015-0028 i CL l I v N L >1 a E w � u° 'E w 'u - P2l°algelN co co M M u � { ry U W W � c J C O U l4 N f O N ❑ U1 E N N C N J a- W 0 c O U N U) a_ 0 Meridian City Council Meeting DATE: December 22, 2015 ITEM TITLE: PY 2014 CDBG Caper ITEM NUMBER: 7C Continued from December 15, 2015: Resolution Number I!S' �� 61 PY 2014 CDBG Consolidated Annual Performance Evaluation Report (CAPER) MEETING NOTES t Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. /S ' //07 BY THE CITY COUNCIL: BIRD,BORTON, CAVENER,MILAM, ROUNTREE,ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN APPROVING SUBMISSION OF THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEAR 2014 ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Meridian is an Entitlement City and receives federal funding annually under the Community Development Block Grant (CDBG) program; WHEREAS,pursuant to 24 CFR § 91.520, the City is required to complete and submit a Consolidated Annual Performance and Evaluation. Report (CAPER) for each program year(PY) as a condition of CDBG funding; and WHEREAS, pursuant to the Citizen Participation. Plan, a public comment period on the CAPER was held from November 30, 2015 to December 15, 2015, and public hearing on the PY14 CAPER was held on December 15, 2015; NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY,IDAHO: Section 1. That the PY14 CAPER, a copy of which is attached hereto as EXHIBIT A and. incorporated herein by reference is hereby approved as to both form and content. Section 2.That the Mayor, the City Clerk, and the CDBG Grant Administrator are hereby authorized to respectively execute, attest, and submit to HUD said PY14 CAPER for and on behalf of the City of Meridian. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 22 day of December, 2015. hgl APPROVED by the Mayor of the City of Meridian, Idaho, this 2Z day of December, 2015. APPRO • `yor Tam i e Weer. '"`\ ATTEST: (;,v avf: f A NT),t, !ear Jaycee lman, City Clerk Hv 0.E RESOLUTION APPROVING CDBG PY1 3 CAPER Page 1 of 1 Community Development Department 33 E. Broadway Avenue Meridian, ID 83642 Phone 208-884-5533 Fax 208-888-6854 www.meridiancity.org December 1, 2015 MEMORANDUM TO: Mayor de Weerd and City Council FROM: Sean Kelly, CDBG Administrator CC: City Clerk Bruce Chatterton Caleb Hood RE: CDBG Program Year 2014 Consolidated Annual Performance & Evaluation Report (CAPER) December 15, 2015 Public Hearing 1. Introduction The Program Year 2014 (PY2014) Community Development Block Grant (CDBG) CAPER is being submitted to City Council for review and approval at the public hearing on December 15th , 2015. The City is required to submit a CAPER to the U.S. Department of Housing and Urban Development (HUD) identifying how the City distributed CDBG funds and progressed in Action Plan projects for the previous program year which ended on September 30, 2015. The CAPER is due to the Portland Regional HUD Office by December 30 th , 2015. 2. Summary of PY2014 Accomplishments • Completed construction and installation of the Centennial Park ADA Restroom Facility (funds from PY2013). • Completed construction on the 8 th Street Park Picnic Shelter (funds from PY2013). • Began construction of the Boys & Girls Club Gym (funds from 2008). • Began construction of Idaho Avenue Sidewalks Project (funds from PY2013). • Began and completed construction of the Meridian Elementary Fitness Path. • CATCH assisted 7 homeless or previously homeless families (27 persons) with case management, with 6 families becoming able to pay their own rent. P a g e | 2 Community Development Department 33 E. Broadway Avenue Meridian, ID 83642 Phone 208-884-5533 Fax 208-888-6854 www.meridiancity.org • Provided scholarships to 16 children at the Meridian Boys & Girls Club for fee-based programs (funds from 2013). • Provided assistance to the Meridian Food Bank for the purchase of food during PY2014. In combination with other monetary donations and support, the Meridian Food Bank assisted over 55,000 individuals and families during the past year. 3. PY2014 Projects & Activities Below is a table outlining the specific activities within the PY2014 Action Plan. Greater detail is provided within the CAPER regarding each activity. Table 1: Program Year 2014 Activities by Goals and Objectives as of 30 September, 2015 Goal/Activity Budgeted Expended in PY2014 Remaining Suitable Living Environment $175,000.00 $76,982.12 $98,017.88 Meridian Fitness Path $50,000.00 $47,825.12 $2,174.88 Storey Park ADA Upgrade* $80,000.00 $0.00 $80,000.00 Meridian Food Bank $27,000.00 $27,000.00 $0.00 Homeless Case Management (CATCH) $18,000.00 $2,157.00 $15,843.00 Decent Housing $50,000.00 $0.00 $50,000.00 Housing Authority* $50,000.00 $0.00 $50,000.00 Economic Opportunities $162,000.00 $0.00 $12,500.00 Community Center Façade (Cancelled) $12,500.00 $0.00 $12,500.00 General $62,591.00 $22,839.80 $39,751.20 Administration $43,091.00 $22,839.80 $20,251.20 Slum & Blight Planning* $19,500.00 $0.00 $19,500.00 Total PY2014 Budget $300,091.00 $99,821.92 $200,269.08 Note: None of the City's activities this year generated program income. Note: All funds received were from the CDBG program. * Denotes projects developed from cancelled Community Center Project. 4. Summary of Prior Year Expenditures and Projects Completed in PY2014 Below is a table outlining the specific activities proposed within prior year Action Plans which were completed or had funds expended within PY2014. Greater detail is provided within the CAPER regarding each activity. Table 2: Expenditures during Program Year 2014 from previous program years Goal/Activity Prior Year Remaining Expended in PY2014 Remaining Suitable Living Environment 8th Street Park Picnic Shelter $16,709.02 $16,709.02 $0.00 Centennial Park Restroom Facility $2,397.00 $2,397.00 $0.00 Idaho Avenue Sidewalk Construction $133,730.05 $40,280.11 $93,080.44 Boys and Girls Club Scholarship Program $5,404.00 $2,517.00 $2,887.00 Total Expenditures for PY2014 (non-2014 funds) $61,903.13 P a g e | 3 Community Development Department 33 E. Broadway Avenue Meridian, ID 83642 Phone 208-884-5533 Fax 208-888-6854 www.meridiancity.org 5. Geographic Distribution of PY2014 Funds and LMI Area Below are the projects from the amended PY2014 Annual Action Plan. Additionally, the map shows the City of Meridian’s Low-Moderate Income (LMI) area, as well as individual percentages of citizens that fall below 80% of the Area Median Income. 6. Conclusion The PY2014 draft CAPER will be available on the City of Meridian homepage on December 1 st , 2015. A presentation and resolution approving the submission of the CAPER will be before council on December 15 th , 2015. I am available to answer any additional questions or provide clarifications. Meridian City Council Meeting DATE: December 22, 2015 ITEM NUMBER: $A PROJECT NUMBER: Department Reports ITEM TITLE: Silver Oak Apartments Discussion Regarding Request from Silver Oak Apartments Regarding Water/Sewer Assessments for Multi -Family Projects 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 Silver Oaks Apartments, LLC 1409 N. MAIN ST. Meridian, ID 83642 December, 10 2015 Mayor Tammy de Weerd Council Chairman Charlie Rountree 33 E Broadway Avenue Meridian, ID 83642 RE: Water/Sewer Assessments for Multi -Family Projects Dear Mayor de Weerd and Council Chairman Rountree: This letter is to request a meeting and placement on the City of Meridian's Council Agenda for either 12/3.5/15 or 12/22/15. After receipt of the unsigned letter from The City of Meridian dated 11/24/15 (attached) and subsequent meeting with the Mayor on 12/10/15, we are requesting an exemption from the assessment calculation change for the Silver Oaks Apartment Phase II. We are requesting this change for a number of reasons outlined below: We are already under construction on Phase I of 111 on this project and have worked with the City on our Site Master plan, phasing, water/drainage calculations for the entire site, and amenities by phase. We have been upfront with the City throughout this project and to change the fee calculations midway through a project places substantial unforeseen costs upon the project. These increased costs, midstream through a project, change the project's feasibility and puts us in a position of not being able to make informed decisions. The City is not being reasonable to our Project by changing the fees midstream. We have already submitted costs for Phase II to HUD based on prior water and sewer impact fee assessments. This increase on Phase II of our project represents an increase in fees of $2,496.15 per unit or an additional $329,491.78 for the 130 units in Phase 11. 2. Had the City given appropriate notice ahead of time, we would have submitted for our phase II building permits prior to this deadline. instead, we received this letter of notice of the change 6 weeks after the effective date, (letter dated November 24, 2015, with an effective date of 10/1/15). We are now in a position of trying to figure out if we can continue on Phase II of our project, which we are currently preparing our building permit drawings for an April/May, 2016 ground breaking. Meridian has been a City promoting growth and we the Members of Silver Oaks, LLC have invested in businesses, land, and the growth of the City. This sort of unannounced change December 10, 2015 Page 2 of 2 without any prior notice given does not encourage future growth or the potential feasibility of our Project to continue. 4. Silver Oaks, LLC has invested time and money in working through the process to secure a loan with HUD for Phase 11 of this project. This loan could be in jeopardy with this change to the cost structure, at a time we are substantially through the loan approval process. We ask that you please reconsider your position of the revised fee calculation for the Silver Oaks Apartments Phase II due to the fact that this is an ongoing project. Please notify us on which Council meeting we can get on the calendar to present this. Thank you. Sincerely, Graye Wolfe Larry Chetwood 208-288-0100 208-412-5906 9&4 &1u, �al John Rice Dave Cooper 208-863-7220 208-830-4916 L/141<� Burke Hansen 208-863-3344 ER,IDnIAN."ft_-111 November 24, 2015 Mr. Burke Hansen Silver Oaks Apartments, LLC 1409 N. Main St. Meridian, ID 83642 RE: Water/Sewer Assessments for Mufti -Family Projects Dear Mr. Hansen: Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Luke Cavener Genesis Milam Charlie Rountree David Zaremba This letter is to inform you of a recent change to the City of Meridian's multi -family water and sewer assessment calculation methodology. Effective October 1, 2015. the City Council directed staff to utilize only Table 3, "Equivalent Residential Units" from Meridian City Code 9-1-19, when calculating assessment fees for new multi -family developments. This means that each residential unit within multi -family complexes will now be assessed at the same rate; 1 ERU for water ($1;794.00) and 1 ERU for sewer ($3,425.00). The total water/sewer assessment fee will be $5,219.00 per dwelling unit. The standard commercial assessment fees for all multi -family community structures such as leasing offices, clubhouses and pool houses will continue to be based on plumbing fixture counts. If you have questions regarding this topic, please contact Bruce Freckleton or Terri Ricks at 208-887--2211. cc. Mayor and City Council City Clerk Public Works Dept. Community Development Dept. Finance Dept. Legal Dept. File 33 E Broadwav Avenue, Meridian, ID 83642 Phone 208-888-4433 . EaN 208-888-4218 . ww,.v.meridiancity.orV RECEIVED C I "° 0 F CITY CLERKS OFF -ICE- fbofranfcov.al 1-3 Page 1 of 1 Thursday, December 17, 2015 at 5:36:19 PM THE FRANKLIN AT TEN MILE Cop fight © 2016. AM Rests Rese W, App /AptsForRent l3bg,ForRent.com 3 P nt corn Download the *Proofs are displayed in low resolution and scaled to fit the page. Due to printing variables, ad proof is not an exact color match to how the ad will appear in the magazine. Signed By Community Name Date CERTIFICATE OF ZONING COMPLIANCE REPORT DATE: November 17, 2014 TO: Silver Oaks Apartments FROM: Sonya Watters, Associate City Planner SUBJECT: Silver Oaks Apartments Phases 1 & 2 CZC-14-090; DES -14-077 OWNER: Ten Mile Development, LLC DESCRIPTION OF APPLICANT'S REQUEST The applicant, Silver Oaks Apartments, requests Certificate of Zoning Compliance (CZC) and Design Review (DES) approval of Phases 1 and 2 of Silver Oaks, a multi -family development consisting of (260) residential units on 24.61 acres of land in the R-15 zoning district. The development will consist of (16) two and three story apartment buildings with (5 6) 1 - bedroom units, (113) 2 -bedroom units, and (91) 3 -bedroom units, and (8) garage buildings as shown on the site plan attached in Exhibit B. Amenities will be constructed with Phase 1 as follows: clubhouse/fitness center, pool/spa, playground, sports court, and community garden and picnic area with gazebo. The site is located at 3800 W. Perugia Street. DECISION The applicant's request for Certificate of Zoning Compliance and Design Review is approved with the conditions listed in this report. Note: This is not a building permit Please contact Building Services at (208) 887-2211 to verify if you need a building permit and/or inspection. If you do need a building permit, you must complete that process before you commence the use or construction. Please contact Building Services for additional details about building permits and inspections. General Conditions of Approval 1. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval. Applicant shall also include the location of any existing street lights in the development plan set. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Conditions Document 1 Silver Oaks Apartments Phases 1 & 2 CZC-14-090; DES -14-077 Site Conditions of Approval 1. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11 -3A -6B. 2. Per Council's approval, the applicant shall not be required to tile the following irrigation facility: Kennedy Lateral. The applicant shall tile all other irrigation facilities as set forth in UDC 11 -3A -6A. 3. Construct the western half of N. Umbria Hills Avenue in accord with ACHD standards with the first phase of development prior to issuance of any Certificates of Occupancy. 4. Prior to issuance of the first Certificate of Occupancy, the applicant shall construct a stub street to the Kennedy Lateral and maintain the existing road trust with ACHD for half the cost of construction of a bridge over the Kennedy Lateral (road trust expires on 6/14/16). The stub street and future bridge shall be constructed to ACHD standards for a collector street in accord with the Ten Mile Interchange Specific Area Plan. A sign shall be installed at the terminus of W. Perugia Street informing the public the street will be extended to the west in the future as a collector street. 5. A legally binding document shall be recorded that states the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features in accord with UDC 11-4-3-27G. A copy of said document shall be submitted to the Planning division prior to issuance of the first Certificate of Occupancy. Process Conditions of Approval 1. No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 2. The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC I1 -5C -3C. 3. Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11- 3B -14A. 4. The site plan prepared by The Architect's Office on November 10, 2014, labeled Sheet CZC 1.0, is approved as shown in Exhibit B. 5. The landscape plan prepared by The Architect's Office on November 10, 2014, labeled Sheets L1.0-1,1.3 and L2.0 -L2.2, is approved as shown in Exhibit C. 6. The elevations prepared by The Architect's Office, labeled Sheets A5.0 -A5.7, AC5.0, and AS5.0, are approved as shown in Exhibit D. 7. The approved site plan, landscape plan and/or elevations may not be altered without prior written approval of the City of Meridian Planning Division. 8. The applicant shall pay any applicable impact fees prior to the issuance of a building permit. 9. If any changes must be made to the site plan to accommodate ACHD requirements, the applicant shall submit a new site plan to the City of Meridian Planning Division for approval prior to issuance of the building permit. 10. The applicant shall complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. M Conditions Document 2 Silver Oaks Apartments - CZC-14-090; DES -14-077 Ongoing Conditions of Approval 1. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-313-5, UDC 11-313-13 and UDC 11-313-14. 2. The applicant shall comply with the outdoor storage as an accessory use standards as set forth in UDC 11-3A-14. 3. The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (AZ -05-016; PP -05-023; FP -06-011; CUP -10-014; MDA -10-011; PP -11-001; TED -13-001). 4. The issuance of this CZC does not release the applicant from any previous requirements of the other permits issued for the site. 5. The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 6. The applicant shall have an ongoing obligation to maintain all pathways. 7. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. s. The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11-3A-3. 9. The applicant and/or assigns shall have the continuing obligation to meet the specific use standards for the proposed use as set forth in UDC 11-4-3-27. CITY COUNCIL REVIEW The applicant or a party of record may request City Council review of a decision of the Director. All requests for review shall be filed in writing with the Planning Division on or before December 2, 2014, within fifteen (15) days after the written decision is issued, and contain the information listed in UDC 11 -5A -6B. If City Council review of the decision is not requested, the action of the Director represents a final decision on a land use application. You have the right to request a regulatory taking analysis under Idaho Code 67-8003. EXPIRATION Certificates of Zoning Compliance issued in conjunction with construction or alteration of a structure shall expire if the construction or alteration has not commenced within one year of the date of issuance of the Certificate of Zoning Compliance. In accord with the above provisions, the subject Certificate of Zoning Compliance is valid until November 17, 2015. EXHIBITS A. Vicinity Map B. Site Plan (dated: November 10, 2014) C. Landscape Plan (dated: November 10, 2014) D. Elevations Conditions Document 3 Silver Oaks Apartments - CZC-14-090; DES -14-077 A. Vicinity Map Conditions Document 4 Silver Oaks Apartments - CZC-14-090; DES -14-077 B. Site Plan (dated: November 10, 2014) SILVER OAKS APARTMENTS PHASE 1 & 2 A-4,11 N. UMBRIA HILL$ AVE, MERIDIAN, IDAHO) OVERALL GENERAL ESTE NOTES 1 ®..,... ..,.".,� SCALE:. ............-.........1•.00-0` 20Rd0:.......�.................. 11•10 � TOTAL AAfk................ 161,28241. 14A2 ACRES 109M ALLOIPEM.... ...... 10 D.UJACRE DENSITY PROPOSED:..........110.UJACRF SETGOKS: SEE PLAN PHASE 1 A 2 NOTE' NUMBER OF APARTMENT BUIlNNOi:...........11 NUYOER DF OAMOE 8WLDNOI:.............. A NUMBER OF DWELLING UNITE :............... 260 FAMNO REQUIRED :.......................692 PAAUNO SPACES MOPOBEO :...............701 COVERED SPACES REOUBMD:............... 260 COYFAFDiPACESPROP00ED :...............126 SILVER OAKS COMPACT SPACES PROP03ED ................. 0 APARTMENTS ACCESS[ FADING EMCE'RED UIRED:.......26 ACCEWIRLE FAIIUSO SPACES --P-"'- .....ii .. PErvr^.,.A IT BICYCLE PARWOSPACE$ PROPOSED (1:20):..... 21 LfAwwcwR * COMMON OPEN SPACE REOUMED:....... 00,600 I.F. 206 OX A 200 EXAM- 63,000 S.F. 6 D.U. 1350 9110.11-2JO0 S.P. COMMON OPEN PACE PROPOSED. .... 69,360 O.F. SITE DEVELOPMENT AMENITIES PROPOSED: A CLUBHOUSE 1. FIEIEUCENTER C. CHRDIIE13 PLAY STRUCTURE D. POOL MO SPA E. PICNIC AREA f. 6PORT000RT Q. COEIMUIIEVOARDEN DEVELOPER: SILVER OAKS APARTMENTS, LLC 1609 N. MAN STREET MERIDIAN, IDAHO 51612 (208) 246-0100 LANDSCAPE: SOUTH LANDSCAPE ARCHITECTURE, IND. 2002 9. VISTA AVE. DOISE, IDAH01n03 (208) 342.2111 —.��' CIVIL ENOMEGNO SOLUTIONS, LLP. ENOIREEN 1029 S. ROSARIO ST., IEE. 100 PUNTER MERIDIAN, IDAHO 83642 1OVERRLLWEPLAN � (201) 918-0190 IUDNIEDE: ?;IkP�iIIII�TS'�`r? Conditions Document 5 Silver Oaks Apartments - CZC-14-090; DES -14-077 CITY PERMIT SUBMITTAL n 044- CzC 1.0 UEAk; f ' CD Vm 44�NLU 116 a, fA • CB N4! O � N � Z�'(Nq 4SG ` I�l . =d •ESO O W W O 96 eu�®y �Sti ..fir„ //�J�//Erb nr ®�pW' W NW � jj 6 7 = 4sd0 vs��i w0�® \\ O WOyOt! WOr P, �i E \~V i 6 S m ' 106 Q Ip�,,M,ar A. ,� y �uWm�•:o�mmmm eWa�eeiv�@ ®® ! tri zyom ��0'y 4 $ N IOd W ENM W m� ap62 M o � to I Y y¢ my� N f 9 H i O MR." W O O O® ®a ® • � CW W W C!i! = M $O � �W® b 'S� fAN v IY W Lu (CNaosa�nw��g�z� �q 0 W� i lm Cy 2 e W O N 0 0 W V g v 0 (9 p,__+ W de ad =I66 t®aii6� 0 w m'dmraoWu:a o 1 awl i /\11-', Ll\�J '.1 Mr. Be( 40 =4 4 In DeE In a Urb 10CE of tl The subj the squi Oak The The 52 t size 117. over C'r UP;i�Ji'J `L!I'1 li ti`4r� S! AI(iJ VR,P); November 24, 2015 OCG Ref. No. 15-277 ising and ubject is and west -O). The 1 side of ,072,229 ie Silver uildings. )m units, average 'ea totals cnal 213 The accompanying market study report identifies the subject property, defines the subject market area, describes the characteristics of the subject market area, describes the condition of the economic and housing markets in the subject market area, presents the timing of all new apartment supply coming to the subject market area, and reconciles this with an estimate of effective demand in the subject's market area. The report has been prepared to comply with USPAP standards and the standards set forth in the HUD MAP program guidelines. 7 TEL: 206-622-5100 • TAX: 206-622-5111 • EMAIL: BRIANO@OCGP.COM • WEBSITE: WWW.00GP.COM The market study addresses a variety of regional economic factors that may be expected to affect the demand for multi -family housing in the greater Meridian market. These factors consist of local employment growth, population growth, household growth, and household income distribution. Following the Regional Analysis, an evaluation of the Ada County apartment market (Secondary Market Area) is presented, including detailed analysis of the subject property's market which has been identified as Meridian (Primary Market Area). Apartment market conditions in Ada County and Meridian sub -market began jo strengthen in 2010 and continued through 2014 as vacancy rates declined from 9.4% in December 2010 to 2.6% as of December 2014. Our vacancy survey encompassed over 3,000 apartment units and as of November 2015 indicated that the Ada County vacancy rate has remained steady at 2.5%o and during our time in Meridian and Boise we found numerous projects that had bee completed in 2015 and had stabilized by November that also had waiting lists. As of November 20151, the Ada County apartment market has experience annual rent growth of 3.6%-6ver the last year. Immediately after the crash in 2009 the volume of single family rental "shadow" market. After 2011, 1 issue and does not affect our forecasts. Our demand any affect of the shadow market. The main factors contributing to the stror housing to rental housing due to a loss of lower incomes, and that the millennial gen I significantly creating a i1 market became a non - data already accounts for e, general shift from ownership Sing, restrictive lending market, walkable urban environment. Significant change in economic conditions ' at the end of the previous decade resulted in commensurate responses in the manner of household formation and settlement in the region. Area demographers believe that household tenure has been in the midst of a significant shift away from ownership housing and"into rental uses; Please note that the overall homeownership rate in Idaho is at a twenty, year low of 69'.6% which hasn't been seen since 1992. The Idaho homeownership rate reached a high of 75.5& in 2009 before falling 5.9% over the last five years. We expectthat the return to an even split in household tenure will be gradual, occurring over a period of years, and may never fully return to past norms. Driven by the increased difficulty in securing a home loan, we expect that the proportion of new households that will choose rental housing is currently hovering around 30%. We have estimated apartment demand levels in the Ada County market. These estimates are based upon the expectations for employment and population growth, as well as resulting new household formation. In our analysis, we have utilized 30% as the marginal apartment rental tenure rate for 2016 through 2018. Please note that a 60% marginal tenure rate has been utilized for 2015. Considering that over 1,700 new apartment units were leased in Meridian and Boise and the vacancy rate essentially remained unchanged from the beginning of the year, indicates that apartment demand must be at least 1,700 units. As such, given the household growth data which suggests that over 2,800 households were created in the Ada County market, over half of all new households choose to live in apartments. �s�T As of yearend 2014, total direct demand (change in occupied units) was approximately 390 units while new supply was 559 units in the Ada County Market. Our estimate of apartment demand for 2015 is 1,704 units. Our estimate of apartment supply for 2015 is 1,701 units. Considering the size of the Ada County market the vacancy rate is expected to remain unchanged from our survey as of November 2015. We believe this market to be extremely tight considering the few if any apartment vacancies and the reports by leasing agents of waiting lists of 10 to 50 units long. Based on the range of variables (jobs and population growth), new apartment demand for the region (Ada County) has been estimated to amount to approximately 1,704 units in 2015. Net migration rates were estimated at 7,455 new people in 2015. We have estimated the positive net job growth at 3,577 in 2015. These figures indicate a job growth,to apartment demand ratio of two jobs per unit of apartment demand. This is considered a high rate,pf apartment demand relative to job growth. Based on the historic demand of units being absorbed ip the subject's market area, we.have used a Meridian demand capture rate ranging 35% to 60%%a of the Ada County market area due to the availability of new supply fluctuating between markets during the "next four years. However, please note that an apartment demand capture rate of 42% in 2015 is required in order to reflect the 2.6% vacancy rate that Ada County is currently experiencing. This results in a Meridian apartment demand level of 818 units in 20;15, 439 units in 2016;'260 units in 2017, and 264 new units in 2018 at the time of subject's construction completion. In the subject's immediate market area (Ivlerdian) 'over the last four years, this market has absorbed 195 units each year, .on average. However, this demand indicator has been severely limited because as of 2015 the vacancy rate haibeen historically low at less than 3.0%. As such, while the meridian market could absorb 400 or more units per year, the market does not have enough supply or anticipated supply 'to accommodate it. There are currently fifteen market, rate apartment projects either proposed or under construction in Meridian. For the subject's primary market area, we have estimated there will be approximately 848 new units, in 2015, 576 new units in 2016, 335 new units in 2017, and 175 new units in 2018. In all. the Meridian market is expected to experience an average of 362 new units leasing per year overthe next three (3) years (2016 to 2018). We have estimated that the vacancy level for Meridian by the end of 2017 to top out at 4.9%. The subject's construction is anticipated to commence in March 2016 and to be completed by March 2017 (approximately 12 months), with pre -leasing beginning in February 2017 and full occupancy for the entire project to be in late December or early January. Our analysis of the local apartment market and rent comparables resulted in an estimation of market rents at $1,046 per unit or $1.18 per square foot for the subject "As If' Completed in November 2015 (effective date of report). Considering the subject's market rents (a majority of the subject's units rent from $1,000 to $1,249, 73% of all subject's units) and the estimated distribution of supply and demand in accordance with price, it is expected that these improvements will experience an absorption period of approximately 26 months "As if completed" in 2015, or about 5.1 units per month based solely on "subject's fair share" analysis in this market. However, this absorption rate is not realistic. Considering historic absorption rates in this market and the scale of the project (a total of 132 units), we believe that the subject property will absorb 15 units per month, or approximately 9 months to reach stabilization. The subject's small average unit size will keep rents more affordable relative to the Ada County market. The subject's highly visible location will accelerate,.the subject's absorption rate. This leads to a higher absorption rate than would be expected by''typical product wfthin the Meridian market. These conclusions reflect an expectation of a progr equilibrium over the next two to three years. Naturall3 effect of several key estimations, including the general which proposed apartment projects find access to con, general outlook for both the region and the subject's prix average beyond the 2015 time horizon. Thank you for the opportunity to work with O'CONNOR CONSULTING GROUP. LLC Brian R. O'Connor, MAI, rhe region's overall market -casts reflect the cumulative environment and the rate at ading. We believe that the t are considered to be above Michael Lennon, Associate I understand that my report will be used by Bedford Lending Corporation to document to the U.S. Department of Housing and Urban Development that the MAP Lender's application for FHA multifamily mortgage insurance was prepared and reviewed in accordance with HUD requirements. I certify that my report was in accordance with the HUD requirements applicable on the date of my report and that I have no financial interest or family relationship with the officers, directors, stockholders, or partners of the Borrower, the general contractor, any subcontractors, the buyer or seller of the proposed property or engage in any business that might present a conflict of interest. I am under contract for this specific assignment and have no other side deals, agreements, or financial considerations with the MAP Lender in connection with this transaction. Warning: Title 18 U.S. C. 1001, provides in part that whoever knowingly and willfully makes or uses a document containing any false, fictitious, or fraudulent statement or entry, in any manner in the jurisdiction of any department or agency of the United States, shall be fined not more than $10,000 or imprisoned for not more than five years or both. The Franklin at Ten Mile MARKET RENT / VACUE ARICING, , Marketing, Leasing and Construction Update RANGE RENT; December 18th, 2015 S. F,, UNIT TYPE IQW NIGH . tGHT84 Absorption Schedule 6 561 Junior $ 800 $ 815 $ t wGE?Ym Qat-16 89X- J Rs_-15 _ ` J.-16 t*_1A + ►-16 &rjt6Mav-1A 737 un-14 1"4 AW16 IM" mil Projected Move-Ins 0 0 0 0 4 8 10 12 18 18 22 21 113 Total Move Outs 0 0 0 0 0 0 0 0 0 3 6 8 17 Occupancy at Month Begin 0% 05 0S 0% 0.04 3.14 9.45 17.2% 26.65 40.6% 52.35 64.81 Occupancy at Month End M 0% N. 01: 3.1% 9,4% 17.2% 26.61 40.61 52,35 64.8% 75.0E Occupied Units at Month End 0 0 0 0 4 12 22 34 52 67 83 96 We are forecasting stabilization of phase I by November/ December of 2016. Pricing Please see attached Market Rent and Value Pricing worksheet. Below is a summary snapshot. We have individually priced the units based on their location, views and floor level. At this time, we are offering no specials or concessions. Sub Market Currently, the Meridian market has very low vacancy. • RedTail - 99% occupied, 2% net to rent with soonest availability in mid-January • Retreat at Union Square - 98% occupied • Selway - 95% • Renaissance - 95% • Regency at River Valley - 95% • High Point - Has been pre -leasing since end of September has 10 occupied units. They are offering 1 month free on a 12 month lease. We believe that because of our superior product and location, we will not need to offer concessions. As previously mentioned, we have been 11 81 Page MARKET RENT / VACUE ARICING, , RANGE RENT; TOTAL S. F,, UNIT TYPE IQW NIGH . tGHT84 6 561 Junior $ 800 $ 815 $ 808 $ 1.44 5 737 One Bed $ 885 $ 900 $ 893 $ 1.21 1 737 One Bed (HQ $ 895 $ 895 $ 895 $ 1.21 8 882 Two Bed One Bath $ 985 $ 1,030 $ 1,011 $ 1.15 8 968 Two Bed Two Bath Small $ 11005 $ 11050 $ 1,028 $ 1.06 18 1,059 Two Bed Two Bath Large $ 1,005 $ 1,045 $ 1,029 $ 0.97 3 1,059 Two Bed Two Bath Large (FIQ $ 1,015 $ 1,040 $ 1,030 $ 0.97 4 1,066 Two Bed Two Bath Large B $ 1,030 $ 1,055 $ 1,045 $ 0.98 20 1,015 Two Bedroom Two Bath Standard $ 1,000 $ 1,030 $ 1,015 $ 1.00 37 1,180 Three Bedroom Large $ 1,115 $ 1,155 $ 1,139 $ 0.97 3 1,180 Three Bedroom (HQ $ 1,125 $ 1,145 $ 1,132 $ 0.96 15 1,150 Three Bedroom Small $ 1,105 $ 1,150 $ 1,123 $ 0.98 128 133,841 $ 134,980 $ 1.01 Sub Market Currently, the Meridian market has very low vacancy. • RedTail - 99% occupied, 2% net to rent with soonest availability in mid-January • Retreat at Union Square - 98% occupied • Selway - 95% • Renaissance - 95% • Regency at River Valley - 95% • High Point - Has been pre -leasing since end of September has 10 occupied units. They are offering 1 month free on a 12 month lease. We believe that because of our superior product and location, we will not need to offer concessions. As previously mentioned, we have been 11 81 Page The Franklin at Ten Mile Marketing, Leasing and Construction Update December 18th, 2015 pre -leasing for a short time and have already leased 2 units (1 more coming today) all at� market rent with no concessions. Staffing Community Manager, Erica Andrews has been holding Monday through Friday office hours in the temporary leasing trailer. As soon as the clubhouse opens, we will be on -boarding a full time leasing consultant. We have officially offered Aubrey Freeman the leasing position and she will start on January 2nd. Aubrey has a background in retail, sales and customer service and is very outgoing, high energy and friendly. Aubrey actually lives at High Point and as soon as her lease expires, she would prefer to live at The Franklin. Specifically, she loves our location, views and the quality of our finishes. We think this will be advantageous that she has lived at High Point and will help her be able to differentiate and sell our features and benefits. Construction CO for the units has been pushed out by two weeks. We are now expecting CO as follows: Clubhouse - Mid January Building A - Mid January Building B - End of January Building C - Mid February Building Y - End of February As construction of the Clubhouse and Building A reach completion, we will be sending more pictures. It's looking great!! We will have an amazing first impression with lots of natural tight! Progress of fireplace stone install Our vision 91 Page November 24, 2015 Mr. Burke Hansen Silver Oaks Apartments, LLC 1409 N. Main St. Meridian, ID 83642 RE: Water/Sewer Assessments for Multi -Family Projects Dear Mr. Hansen: Mayor`Iarnmy de Weerd City Council Members: Keith Bird Joe Borton Luke Cavener ;genesis Milam Charlie Rountree David Zaremba This letter is to inform you of a recent change to the City of Meridian's multi -family water and sewer assessment calculation methodology. Effective October 1, 2015, the City Council directed staff to utilize PDIY Table 3, "Equivalent Residential Units" from Meridian City Code 9-1-19, when calculating assessment fees for new multi -family developments. This means that each residential unit within multi -family complexes will now be assessed at the same rate; 1 ERU for water ($1,794.00) and 1 ERU for sewer ($3,425.00). The total water/sewer assessment fee will be $5,219.00 per dwelling unit. The standard commercial assessment fees for all multi -family community structures such as leasing offices, clubhouses and pool houses will continue to be based on plumbing fixture counts. If you have questions regarding this topic, please contact Bruce Freckleton or Terri Ricks at 208-887-2211. cc. Mayor and City Council City Clerk Public Works Dept. Community Development Dept. Finance Dept. Legal Dept. File 33 E Broadway Avenue, Meridian. ID 83642 Phone 208-888-4433 ® Fax 208-888-4218 ® www.meridiancity.org Silver Oaks Apartments, LLC Impact Fees Paid for Phase 1 and Projected for Phase 2 Per Dwelling Unit Fees: ACHC Apartment Fee Residential Fire Impact Fee Residential Parks Impact Fee Residential Police Impact Fee Residential Sewer Connection Fee Residential Water Connection Fee Per Apartment Building Fees: 2" Domestic Water Meter Residential Permit Fee Fire Review Fee Comericial Plan Check Fee Number of Units in Phase Total Projected Fees per Phase Phase 1 Actual Impact Fees Paid Total Per Unit $ 171,808.00 $ 1,342.25 70,536.96 551.07 98,242.56 767.52 17,372.16 135.72 228,721.50 1,786.89 119,803.32 935.96 4,802.00 37.52 56,942.82 444.87 17,082.85 133.46 37,012.82 289.16 $ 822,324.99 $ 6,424.41 289.16 128 $ 8,920.56 $ 822,324.99 Phase 2 Proposed Impact Fees Per Unit Change $ 1,342.25 551.07 767.52 135.72 3,425.00 $ 1,638.11 1,794.00 858.04 $ 2,496.15 Chg m 91.67415% 37.52 444.87 133.46 289.16 $ 8,920.56 $ 2,496.15 % C g = 38.8541% % 132 $ 1,177,514.43 $ 329,491.78 New City of Meridian Fees for Sewer & Water. Phase 1 Phase 2 Apartment unit cost excluding impact fees $ 86,000.00 $ 89,000.00 Impact Fees as % of apartment unit cost 7.47% 10.02% Meridian City Council Meeting DATE: December 22, 2015 ITEM NUMBER: 8B PROJECT NUMBER: Department Reports ITEM TITLE: Strategic Plan Update Continued from December 15, 2015: Strategic Plan Update MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS W W W W P m m o D W W m w D it D D C1 D D jJ N N j.a W O O rD D m w m n x O D UnO Q w rD rD a m 0 (D 3 (O 0 (D N L7 O N n (D v m n r'i v C rt v n o d 3 d n O m < C (D �. N 3 Cr (D Q 0 (D N 06 O' (<D N U rNt n• rt O CD C (D Di (D O N• a- (p yj C (D 3 B O_ d m C � a °q pq' 3 N 00 n S n O D) OS C :3 Oa 'Oa O .O d 3 G 3 d (((ppD X N a T N O a N `< O M- 00 •G O ��F .�; ,y 3 0. m C C o_ 3 a '^ n /D a n O rD a n O .O m 3 3 rt m a m 'o n o- (p o < tU 0' O a 0- M 3 a N ID _ m o 3 m (n o (DG r N .n . 'a 1n O O m 3- O CD O O _. -a Q. 0 OQ< (D CL° n orti -Ort' 0 - o m i a iv c 3 N ri j v n 3 3 (D 3' v a uSi n a' O v 3 O_ D a O 3 n (D (D -�f. rt DfID < N (D C a 3 Ol j 1n 00 rt O • Cr j rt O3a •< -0 O O O< OI N o j ate' D_ rn+ d °( d N f31 Cl- `-_'• -Ot, N N m< m 3 0- 0 aQ_ mN((Xpp j rD a a 3 (D n O OCN Q'rD rrtN n N3 3N rSt �nfi amN O c(D . (D'F N CD OvOi M rat r3f n < N rtt' `'< O O d < w O O "a A 3 n• 0 3 O 2`GO n (0 7 (D -3r. (^ n cL t t 73 ^' N NID O 'a 7 "°O n ID C M N O.. Cr Ort r$ (D ( r Q. 7 rt rt N 3 M S (D :� n M 3 O- N rt O O O M 7 rl (M O N EL C y-r3--F� C a C d C C N C 3 '36 3 (D OO N n x N OC N �n 3 O. V (D N N Oq 0 ryOp 3 1 Q m N o e3 -f Dl 3 n m S (p r'�r r3T Q rD C O CL 3 C a �t s1 S OQ 3 f� o n (D (D O d •O -< < M d 3 C O rD 3 M O OD Q rt 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 2 UO S O7 S QC S an S aG S 04 S OC S M S 00 S aG S n S Oq 3 OU S Oa S 00 S OV S N CD \ \ N O M \ \ N O rn \ \ N O rn \ \ N O rn \ \ N O rn \ \ N O rn \ \ N O rn \ r, \ N O V N \ \ N O m \ \ N O rn \ \ N O m \ \ N O m \ \ N O rn \ \ N O m \ \ N O rn \ \ N O rn A \ W O \ N O NV rn \ W \ O N 0) N \ W O N \ W O N N \ W O 0) rn \\ W \O N O G) N W O 0) t° \ W O O N \ W O p N \ W O 01 N \ W O O N \ W O N \ W O -rn l0 \ W O O F* rn \ W O OrnF-+ N \ W \N N Ornt+ x x x x � x x 1 X x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x MEN= x x x x x x x x x x 1-1 x x x x x x x x A~i0 sFd ash :ommunity Development Finance Fire Information Servics Human Resources Legal Mayor's Of(2eO Pd Parks rrn 0 S Police tea c Public WorW�, ° W A W W W ? A A In V1 N N F, N N N F' A N 1-I I-, W W w o ao m P P ar p n D w D D o n rn o P N W N W ? N N W N W N N N N N N A A N (AI W W o m a o . m e 2:1, C .0 m m o D °- ° a p p a o n v 0 N D O m (l m m rt =*. m — a = v, m m 3° �= 0o, 3 .'S <' ° 3 n °t CL < 3 m ,'-r z' ° o m '°6 '< '0 '°6 'Z` 00 V '< N a ry D. O -°° a m N ' O': V ' O N '-^: - a �' m n p O c"+ c� m m 3 m o_ m n' o_ m N 0 a< o m � 0 m 3 n o N c o n c < a 3 3 a ,Z v .� a a m �0 N C '^ ° co m m a °' o < �• 3 ° c a 3 0 3 nn ,-`Y o-0 3 o '" o "� w> .�+ > o a � L? u, 3 m a <° m e ,O1 -t 6 m r°` °- a m a m a N �' 3 a �' 7 N 3 a m 7 °" 6n O' 0' °' L m. Mtil (D d D2 m T. M C N a m o O m= O N m ,C a ,< N S j a m D 3 ,'� 3 d N o N o -n m n. 2h Oq �' O O to a OC r �' m a a <_ 3 0 N 3 (D O to v N 7 n 0 O '< G N a m a o a O 3 0- 3 7 w m rt rr S a n m 'N 3 0 N S N 0 c L a 2L j o M 3 m n w m o (1 y r�-e o _d m 3 W ° N a o n m 3 m as d n 3 m a �- o Qq D- a 3 3 a fl. a a 7 Oq '-� M m fp N S O n 'D m tU =! v=i V C (n 3 (l m 3 3 - 00 m N 3 3 0 0 .a < m 7 m o m 3 O a fl m C u m. m Oq w y n n. o y, o D m a ou a o m R �- �- , c �- °� a d 0- N o> > m .o m rt a o n o°c m° • n c n 3 3 3°° n oa N --6-1 m D' m 5° m �+ m a° o D O tci� 3 m a °O v o w of o N m S �t? O n m a 00 0 r� 'c rl S o. a O <'0 O 3 3 d n n rt '- 0o m m n * O O d ° v 6 3 = C 0 S N m m co 3 n y v� oc O N m °i O �, n m a d Y m D O° w a O cmi 3 0 m < < m .. o o w w ,, o a y 0 v m D- w 0 0 3 ? u m m ,0. CD i a' S o v M m ° + m n 0 0 CL 0 (D a C CL n 3 oni a a a m N7 S m m 7 n D. !n r-mt. m to O < C ,'�' ri ti O N m Ol D N 0 v S m D a m 9l O o G O r�r in a R .Z y 0 Dm 0-N m OID CL Q 3 m 3 �. N O O m m ND a 3 m S d 7 N o y m 3 3 rt ° m m m m°* 0 m y a o m c c a s w io c w 'O ti ;T -- VA a a. C N d 3 N m m y j O 3 rt m a m a m a m s m a m a m a co a m a m s m a m a co a m a m s co a m a m s m a m a m a 2 on 2 W c 3 c 3 c 3 c 3 c 3 C 3 C 3 C 3 C 3 c 3 C 3 c 3 c 3 c 3 C 3 c 3 c 3 c 3 c 3 c 3 C 3 S S o o \ \ \ \ o \ 0 \ o \ N \ F+ \ N \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ N \ N N O1, N O N O N O N O N O N O N O N co N N O N O1` N O N O N O N O N O N OF' N ON N ON N OF Oi0 O 00 V V4 V V co 00 co Ol 0) to W 00 00 co Oo V V Vj 00 1-4 N to \ W \ W \ W \ W \ W \ W \ W \ W \ W \ W \ W \ W W \ \ W \ W \ W \ W \ W \ W \ W \ W \ W \ W O N N N O N O O -C, N N N O N N N \ N \ N \ O \ \ N Cl \ N O \ N O \ N O \ N O \ N O \ N O \ N O \ N 00 \ N \ N O \ N O N O \ N O \ N O \ N O \ N O \ N O \ N O N O N O N O N O 00 00 N V li V F+ 00 h0 OC h` lD N 00 00 O] H lD Y 01 N O to to ko l0 '1001001 N N N O coW 1-4 V co 00 N O 00 00 00 00 1O l0 X X X X X X X X X X XX X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X (n to A A N J> N i-+ A A (n to W. W (n 1 W A n rn n as n FO w m m M D o m D co n D o LU OCi O O m Qo O o m Q O J- J m O J O m �^ v m O rt (n S m a Q N O m a < 3 m O (D m < p m W C 3 p_ O m 3= J 3 m ❑ n 4 v o 3 ° rt Q n C m 3 m Q o a J 3 Q v. 3 f < n m F•3 0 7 a rt m c r�i < m m c T m a a< p m c M a o d. N m rt o m m m o N m o �, !D o m o N �, w m s m W 3 °< O i o a rJ rt `< d°° 7' m 0� uD J 0 -.. ° O C J m 0 m j o0 W c m O O_ n Q m "O 3 N j- N J < a D1 D) 7 (D Q. N ri N m (D ° w 3 J O J N O. V. Q J d D ° 3 m n a o m (D m o r_-% Q. n rt J 3 m H O O J ° o m o Q J n° w m n c c m 3° m J o m m° a o d m 3 3 ° DI 3 (D G J .< cr C O Q C I. O w C N (D D Li J N m a C Jrt 3 f rt N m NID Q 3 O� N r! < N m m V. N N a `l -O ,7` 7 Q, °: 0 J =h =r i t' m O .` N J Q d O Ort C ppqq < •G n tlV O O 4 n -(. O < d O (Jp J rt O J D) M W (D a n rt o m o m d m o as (� d '^ a m -h ° as v_. o m 3 ti y. N (� rt m m O r_} o 0 0 ° <' m 3 _. 3 v ti, 3 a N m o a, fD d m °- 3 S 11 m, rt rn� N< a' ao �, n a m d o' o m w z S m o d4 _ 04 m J i J d J J 3 O J- aD O J m O a' d ,, (D ,G — j J Dl (�. Q a m < i 7G' J Ft u`�i o° m `IJi. m fD n _' m .,OG N (D Q , 0 c m m Q j a 3 0 o- s c m mID ° I'D <v CON O o r'Om oo m N° w. 3Q S _ p mN V. o m „ = d4 J (D N J o Q m 3 3 m 3 d J J O r;,(D m (D N m a m rt m J m r N m J� c n d z_ o m n o -f. a a 3 " m J ,-. M ca. m< J a J rt d 3 m m J a m 3 w 0 `n 7 D) O y o ID 3 vo y w 3 i o �^ m c*. < m 4 S 3 a a' 3 m C C m Ort Q a N O v3 a FD. rt (^ m cr . m J u ' ° p 7 m. ,a J+ = Vm—i r' m d '=h 'O n � `O `� S gym+ O 3 ° CD a n O c 7 M G m D. N m � m j C a N IGn o 3 N 3 a (D> m �N O m m CD oc 0 CL o m J N C m Q J o N C (p n �. F aV r r r r r r m m m m m m m0 m m m m o 0 < C0C G C0 < c0 < C0 C 0C Co < d C Q C Q C Q C Q G Q C Q C Q C Q C a G Q G d G 3 3 3 3 3 3 3 3 3 3 3 3 O \ \ O \ \ o \ \ 0 \ \ N \ \ 0 \ \ H \ \ o \ \ N \ \ C. \ \ t+ \ \ N \ \ N \ \ N \ \ N \ \ N \ \ N \ \ N \ \ A \ \ N O N V N O O1 m N O W lD N O 0a 00 N O F+ 00 N Cl h4 V N O (A O1 N O F+ 0o N O F+ V N O m O1 N O li V N O F+ V N O F+ V N O F+ V N O t+ V NN O cn O1 O N 0) N O F) 01 N O N O1 (D \ W O \N O F' OD to \ W O \N O F+ 0o (D \ W O \N O N O (O \ W O \N O N lD N \ W \N O H 00 tD \ W \N O F' 00 N \ W \ N O H W (D \ W 1=1\\ \ N O to lD w \ W O O ID lO (D \ W O O F (D D N \ W \N Cl N O to \\ W \O O F+ OD N W \N O h+ V N \ W { \ O N O O) \ W \O Cl N V (D \ W O\\\\N O m al N \ W 11 O N O N \ W O N Ol l0 \ W O O h+ V X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X ,7 X X X X X X X X X X to to W W D A A A �, W A A W v� D n n D W D p ao D m W D n N A ;P N (1J Ut VI tl1 UJ W lff N IJ N rt fp 3 O O_ p (D (D 0 'n C O O rt (D M M W CD m D O.. d D O. v D rX m < (^ M rt (^ d 0 fD `G rr rr n m _h 'O K S < m n n O O OV O 00 3 O 05 a 3 c < < ,y [D < m m n °< m (D o O 3 3 a 3 m n a m m D> m K '= o a =5.o Q Dq O a m m o. _n n. n r� ,mt m ,-t rt ( rt m 3 -o 3 m w 3'<< m m 3 3 0 o m o o Q m ^. m N -j o a 0 N `f$ j o Ct a N n D) o 3 3 `� 3 m O 3 O Q j N o_ 3 rm} `G 7. S Q. m p p; -n m n n w m m 3 3 d = o m DG rt 3 m N 0 3 art- w v 3 w a 3 p Dmj 3 m 3 rt 0 3 3 O.. D) 3 'y S m �i n 30 n O_ p CD m n C 'O rat C -Oi. � V� ,Gy (D '< C D) p 0 tmi( 3 n _h Vmi m n fD n in tl0 DV N 3 G p Z- 0 C m n n f O m n n N O F. O O m Q. N O. 0 7 0 3 -ni 01 0 .� 3 O O r� Q. d O_ in. NVmi rt 7 S M m O O O ?. N 3(D m DI N d art, Dl (p m n, 0 n DG m a _S m a 3 3 :3 n m °< m Cl 1111 3' d DI O1 O C art- a rt S a N S m j O O N (D m. Q d f_31 m O Q O d r01t v, m m .N+ m m m m m on N m 3 Dai n o o O N 3O. O rt O N rt G �' m '^ d N C N 3 7 it n R 7 Drtj 7 tm ,< Ol a v M rt D) .F m (D In d D_ m Q. m ai( o3 m O n n o o- H v N o- N m 2 m ^ O_ m O.. -ap < N: Q Q d m mmi C rt p N :n O N m rt' S (^ O O S m O 3 m O S m N rt N r1 0(i m 3 rDrD n o m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 (-+ \ \ N O V N \ \ N O V CD \ \ N O LD \ \ N O W \ \ N O V \ \ NN O0 m \ \ T \ \ N O O \ \ N O O \ \ N O O \ \ N O V \ \ N O LO \ \ N O to \ \ N O co co \ W N \ N O F+ t0 N \ W N \ N O LO N \ W \ N N O N O l0 \ W O \ N O N O N \ W N \ N O N \ W !-� \ N O N N \ W \ N O N O \ \ N O N O \ N \ N O N O \ \ N O N O Ol W \ N O -4 N W \ N O w N W \ N O W N \ W \ N O co X X X X X X X X X X X X 1-1 X X X X X X X X X X X X X X X X X X X X X X X X X X X X City of Meridian Strategic Plan - Establish partnerships that foster development of mixed or single use facilities erforming arts and conferences. N:L5.A.1. S.A. -Spur development of quality, regionally significant facilities for recreation and entertainment in Meridian. Lead Department: Community Development Support Department(s): ❑ Community Development ® Finance ❑ Fire ❑ Information Services; External Support: Meridian Chamber of Commerce; ❑ Human Resources ❑ Legal ® Mayor's Office Meridian Development Corp; Meridian Arts ❑ Parks ❑ Police ❑ Public Works Foundation; Downtown Business Association Estimated Cost to Complete Objective: $ 0-5,000 Priority: 1. High Estimated Cost to Implement Objective: $$$$$ 500,000+ Estimated Effort: 100-250 Hours Planned Start Date: 1/1/16 Anticipated Completion Date: 12/31/16 Obiective Summary: To bring the performing arts and conferences to Meridian, partnerships are necessary to work towards building a downtown performing arts center and conference venue. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Identify potential partners and steakholders in the performaning art and conference . II. Convene and communicate regularly with all stakeholders under the aupices of the Chamber's steering committee. III. Engage the development community through ongoing communications and recruitment activities. IV. Support private fund-raising efforts through the City's social media resources. V. Engage the philanthropic community by keeping potential donors up to date on performing arts center and conference center project progress. VI. Assist others (Arts Foundation, MDC) with site selection and acquisition. VII. Assist the Meridian Arts Foundation transition into an organization able to own and/or operate a performing arts venue. Performance Measure(s): List all Performance Measures to be Used. Creation of a performing arts or conference center network. Status Updates: City of Meridian Strategic Plan • : 5.A.2. - Identify desired sports facilities or complexes and establish partnerships that foster their development. • 5.A. - Spur development of quality, regionally significant facilities for recreation and entertainment in Meridian. Lead Department: Parks Support Department(s): ❑ Community Development Finance ❑ Fire ❑ Information Services External Support: Central District Health ❑ Human Resources Z Legal ❑ Mayor's Office Department, Community Sports Organizations, ❑ Parks ❑ Police ® Public Works MPR Commission Estimated Cost to Complete Objective: $ 0-5,000 Priority: 2. Medium Estimated Cost to Implement Objective: $ 0-50,000 Estimated Effort: 100-250 Hours Planned Start Date: 1/1/17 Anticipated Completion Date: 9/30/18 Objective Summary: To develop a sports complex in order to meet the needs of the community by leveraging a variety of funding sources which would generate a positive economic impact. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Assemble City led team. II. Review surveys, interview sports groups, and conduct focus groups to identify common desires for sports facilities or complexes. III. Determine appropriate location for any facilities or complexes and if necessary refine park concepts. IV. Identify potential partners. V. Create an implementation plan. VI. Identify, assign, and engage staff and support departments with specific assignments. Performance Measure(s): List all Performance Measures to be Used. I. A signed partnership agreement that leverages partnership dollars and saves the City money. II. A regionally significant sports facility complex is developed. Status Updates: City of Meridian Strategic Flan • : 5.A.3 - Develop a plan for financing recreation and entertainment facilities. • 5.A. - Spur development of quality, regionally significant facilities for recreation and entertainment in Meridian. Lead Department: Finance Support Department(s): ® Community Development ❑ Finance ❑ Fire ❑ Information Services External Support: Meridian Development Corp., ❑ Human Resources ® Legal ® Mayor's Office Idaho Commission on the Arts ❑ Parks ❑ Police ❑ Public Works Estimated Cost to Complete Objective: $ 0-5,000 Priority: 2. Medium Estimated Cost to Implement Objective: $ 0-50,000 Estimated Effort: 50-100 Hours Planned Start Date: 10/1/2016 Anticipated Completion Date: 9/30/19 Obiective Summary: To establish Meridian as an active and vibrant community that fulfills the diverse cultural needs of its people. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Identify types of financing curently available in Idaho. II. Identify types of finances not currently available in Idaho and what steps would need to be taken in order to be utilized. III. Determine appropriate funding mechanisms for an entertainment facilities. IV. Determine appropriate funding mechanisms for recreation facilities. V. Create a funding plan with identified tools and needed step for implementation. Performance Measure(s): List all Performance Measures to be Used. Complete a plan for financing an entertainment facility. Complete a plan for financing a recreation facility. Status Updates: Provide Status Updates Here. City of Meridian Strategic Plan • : 5.A.4. - Foster development of Discovery Parks that uniquely blend arts, entertainment, and culture. • r • 5.A. - Spur development of quality, regionally significant facilities for recreation and entertainment in Meridian. Lead Department: Parks Support Department(s): ❑ Community Development M Finance ❑ Fire ❑ Information Services External Support: Parks & Recreation Commission, ❑ Human Resources ❑ Legal Z Mayor's Office Arts Commission, Meridian Development ❑ Parks ❑ Police ❑ Public Works Corporation Estimated Cost to Complete Objective: $$ 5,000-25,000 Priority: 3. Low Estimated Cost to Implement Objective: $$$ 100,000-250,000 Estimated Effort: 50-100 Hours Planned Start Date: 1/1/17 Anticipated Completion Date: 12/31/19 Obiective Summary: To create unique, educational, interpretive, and interactive elements of parks; meet survey demands for additional passive recreation oportunities; build quality of life for residents; and provide opportunities for all ages. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Research ideas from other communities, as well as volunteer citizen groups in Meridian; i.e., commissions, service organizations, etc. II. Explore partnerships and community resrouces; i.e., history, art, etc., and define funding sources. Ill. Assess potential locations in existing and future parks. IV. Establish internal and external input processes for choosing elements. V. Create a project team for implementation. Performance Measure(s): List all Performance Measures to be Used. I. Identified/defined project(s) (type and location) ready for the budget and construction processes. Status Updates: City of Meridian Strategic Plan • : 5.13.1. - Determine, attract, promote, and maintain a "signature" event for the City. • , • ► 5.13. - Develop, maintain, and foster a portfolio of activities and events that serve the diverse needs of the citizens of Meridian. Lead Department: Parks Support Department(s): 0 Community Development ❑ Finance ❑ Fire ® Information Services External Support: Central District Health 0 Human Resources ® Legal ® Mayor's Office Department, ACRD, Community Partners, MPR ❑ Parks ❑ Police ❑ Public Works Commission Estimated Cost to Complete Objective: $$ 5,000-25,000 Priority: 3. Low Estimated Cost to Implement Objective: $ 0-50,000 Estimated Effort: 50-100 Hours Planned Start Date: 1/1/17 Anticipated Completion Date: 8/31/19 Obiective Summary: To create a signature event for the City of Meridian that will have a lasting and positive impact on economic vitality, community pride, quality of life, tradition, and City branding. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Assemble the internal team - lead/support. II. Conduct a needs assessment and identify potential event. III. Report findings to the Mayor and City Council. IV. Seek and identify potential partners, location, and budget for signature event. V. Identify, assign, and engage staff and support departments with specific assignments. VI. Promote, advertise, and brand the event. VII. Conduct an economic development assessment of the event to the community. Performance Measure(s): List all Performance Measures to be Used. A signature event has been identified, and potential partners have been engaged resulting with a signature event held by the end of summer 2018. Attendance targets are met. Status Updates: City of Meridian Strategic Plan : etermine the viability of and, if feasible, develop a "farmers market."' M+0 • 5.B. - develop, maintain, and foster a portfolio of activities and events that iiserve the diverse needs of the citizens of Meridian. Lead Department: Mayor's Office Support Department(s): ❑ Community Development ❑ Finance ❑ Fire ❑ Information Services External Support: MDC, DBA, FFA, FHA ❑ Human Resources ❑ Legal ❑ Mayor's Office N Parks ❑ Police ❑ Public Works Estimated Cost to Complete Objective: $$ 5,000-25,000 Priority: 2. Medium Estimated Cost to Implement Objective: $ 0-50,000 Estimated Effort: 50-100 Hours Planned Start Date: 1/1/16 Anticipated Completion Date: 9/30/16 Objective Summary: To create a unique event in downtown Meridian designed to bring fresh fruits and vegetables to the community with a variety of associated activities. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Engage the community on the need/desire for a downtown farmers market. II. Develop concept to make the farmers market unique to the community. III. Test conept with one day event in 2015 to see if viable. IV. If successful, create plan to implement concept for farmers makret in summer 2016. V. Identify and procur any staffing needs and funding to implement plan. VI. Develop communications/marketing and logistics plan for farmers market. Performance Measures List all Performance Measures to be Used. I. One day event held in 2015 II. A weekly farmers market is in operation for 3 months in downtown Meridian during 2016. Status Updates: City of Meridian Strategic Plan • : 5.6.3. - Foster development of vibrant downtown entertainment options to meet the needs of various generations. A • A 5.B. - Develop, maintain, and foster a portfolio of activities and events that serve the diverse needs of the citizens of Meridian. Lead Department: Mayor's Office Support Department(s): ® Community Development ❑ Finance ❑ Fire ❑ Information Services External Support: DBA, MDC ❑ Human Resources ® Legal ❑ Mayor's Office ❑ Parks ❑ Police ❑ Public Works Estimated Cost to Complete Objective: $ 0-5,000 Priority: 2. Medium Estimated Cost to Implement Objective: $ 0-50,000 Estimated Effort: 100-250 Hours Planned Start Date: 1/1/17 Anticipated Completion Date: 12/31/20 Objective Summary: To create nightlife entertainment options in downtown that appeal to a variety of age demographics. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Inventory existing nightlife entertainment options in downtown Meridian. II. Work with community to identify missing nightlife entertainment options/businesses that would positiviely contribute to having a vibrant downtown nightlife. III. Inventory existing property that could be marketed for nightlife entertainment options/businesses. IV. Identify, or create if necessary, any incentives or opportunities for targeted businesses, events or activities to take place in downtown. V. Target identified or missing nightlife entertainment options/businesses to locate in downtown Meridian. Performance Measure(s): List all Performance Measures to be Used. Targeted nightlife entertainment options/businesses is created. 20201 City Survey response raised to 75% of very or somewhat satisfied regarding overall downtown experieince. Status Updates: City of Meridian Strategic Plan - Set targets, identify gaps, and deploy programs, activities, and events that ide family -centered recreational opportunities. N:L5.B.4. 5.13. - Develop, maintain, and foster a portfolio of activities and events that serve the diverse needs of the citizens of Meridian. Lead Department: Parks Support Department(s): 0 Community Development Z Finance ❑ Fire ❑ Information Services External Support: MPR Commission, City Council [:]Human Resources Z Legal ® Mayor's Office [:]Parks ❑ Police ❑ Public Works Estimated Cost to Complete Objective: $ 0-5,000 Priority: 2. Medium Estimated Cost to Implement Objective: $$$$ 250,000-500,000 Estimated Effort: 100-250 Hours Planned Start Date: 1/1/17 Anticipated Completion 'Date: 12/31/20 Objective Summary: To enhance the quality of life, provide a sense of community, support economic development, promote healthy lifestyles, and educate in order to meet the growing needs and desires of our citizens of all ages. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Finalize the Parks & Recreation Master Plan, including the survey results, public involvement, and recommendations. II. Inventory existing programs, activities, and events. III. Research what other cities are doing for new types of family -centered activities. IV. Prioritize goals and targets with help from the MPR Commisson and City Council. V. Identify gaps between goals and inventory in the areas of calendars, facilities, and demographics. VI. Update implementation plans; e.g., CIP, staffing, budget. Performance Measure(s): List all Performance Measures to be Used. I. Targets are set. II. Gaps are identified. III. (Plans are updated. IV. Gaps are filled with family -centered recreational opportunities. Status Updates: City of Meridian Strategic Plan • : . - Research and identify a catalog of long-term funding mechanisms and Lcontributorsfor supporting arts and culture. 5.C. - Foster the infusion of arts in our community. Lead Department: Finance Support Department(s): ❑ Community Development ❑ Finance ❑ Fire ❑ Information Services External Support: Meridian Development Corp., ❑ Human Resources ❑ Legal ❑ Mayor's Office Meridian Arts Foundation ❑ Parks ❑ Police ❑ Public Works Estimated Cost to Complete Objective: $ 0-5,000 Priority: 3. Low Estimated Cost to Implement Objective: $ 0-50,000 Estimated Effort: 50-100 Hours Planned Start Date: 10/1/16 Anticipated Completion Date: 9/30/18 Objective Summary: To outline external resources that can be utilized as primary or secondary funding sources to support the installation of public art pieces and other arts and culture activities/events to establish Meridian as an active and vibrant community that fulfills the diverse cultural needs of its people. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Identify funding needed to support existing and planned arts and culture events and activities in the City of Meridian. II. Establish a database for tracking funding and donors. III. Catalog existing funding mechanisms and donors for Meridian's arts and culture events and activities. IV. Research additional funding mechanisms available on the local, state and federal level to meet planned arts and culture events and activities in the City of Meridian. V. Identify current and potential donors for arts and culture on the local, state, and federal level. Performance Measure(s): List all Performance Measures to be Used. i. Develop and maintain a managable catalog of contributors. II. Develop a catalog of funding mechanisms and their range. Status Updates: Provide Status Updates Here. City of Meridian Strategic Plan 5.C.2 - Develop a plan to infuse art in public spaces. wil . • y 5.C. - Foster the infusion of arts in our community. Lead Department: Finance Support Department(s): ® Community Development ❑ Finance ® Fire ❑ Information Services External Support: Meridian Development Corp., ❑ Human Resources ® Legal ❑ Mayor's Office Meridian Arts Foundation, City Commissions, Parks ® Police ® Public Works ACHD, Ada County Estimated Cost to Complete Objective: $ 0-5,000 Priority: 2. Medium Estimated Cost to Implement Objective: $$$ 100,000-250,000 Estimated Effort: 100-250 Hours Planned Start Date: 1/1/16 Anticipated Completion Date: 12/31/16 Objective Summary: To establish Meridian as an active and vibrant community that fulfills the diverse cultural needs of its people. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Catalog existing public art in Meridian. II. Use MAPS Ordinance as a guide to incorporate City initiated public artwork throughout Meridian. III. Work with City departments to target public art at every city -owned parcel visable and accessible to the public. IV. Work with other government service partners to identify and potential locate public art at their facilities in Meridian. V. Identify privately owned locations where public art projects could be located . VI. Prepare a public art plan and present to City Council for adoption. (Performance Measure(s): List all Performance Measures to be Used. Public Art Plan is established with identified timelines to install artwork at City facilities Public Art is increased by 25% by FY20. Status Updates: Provide Status updates Here. City of Meridian Strategic Plan 5 - Connect to the artisan community and promote the education of utilitarian art s and their historical significance/value in our community. ffi:1 S.C. - Foster the infusion of arts in our community. Lead Department: Finance Support Department(s): ❑ Community Development [—]Finance ❑Fire ® Information Services External Support: Meridian Development Corp., ❑ Human Resources ❑ Legal ❑ Mayor's Office Meridian Arts Foundation, City Commissions, West ❑ Parks ❑ Police ❑ Public Works Ada School District, Meridian Library District Estimated Cost to Complete Objective: $ 0-5,000 Priority: 3. Low Estimated Cost to Implement Objective: $ 0-50,000 Estimated Effort: 50-100 Hours Planned Start Date: 10/1/17 Anticipated Completion Date: 9/30/18 Obiective Summary: To unite our community at large and celebrate cultural diversity through arts, history, entertainment, and recreational opportunities. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Identify members/trades who are part of the local artisian community. II. Create a plan to build ties and create opportunities with local artisans. M. Review existing information on the historical significance of utilarian art in the community to determine if additional research or documentation is necessary. IV. Create educational information to be shared regarding the importance/significance of utilitarian art in Meridian. V. Develop a promotional plan to share educational information to the community regarding utilitarian art forms. Performance Measure(s): List all Performance Measures to be Used. I. One event a year is held to showcase utilitarian art forms in Meridian. II. Educational information is developed to share with the community. Status Updates: City of Meridian Strategic Flan . - Use industry standards and benchmarks to develop and communicate the • :&Safety Profile of Meridian. 4.A. - Establish Meridian as a premier safe community. Lead Department: 'Fire Support Department(s): M Community Development ❑ Finance ❑ Fire ❑ Information Services External Support: Central District Health, Ada ❑ Human Resources ❑ Legal ❑ Mayor's Office County Paramedics, Partner Fire and Law agencies, ❑ Parks ® Police ® Public Works Local Hospitals, ACHD/ITD Estimated Cost to Complete Objective: $ 0-5,000 Priority: 2. Medium Estimated Cost to Implement Objective: $ 0-50,000 Estimated Effort: 0-50 Hours Planned Start Date: 1/1/18 Anticipated Completion Date: 12/31/18 Objective Summary:. To ensure that Meridain is a safe place to live, work, and play, a Safety Profile constituting the standards, programs, and plans should be developed with established benchmarks. Programs are adopted to meet the goal. Plans are developed and adopted to ensure implimentation of standards and programs are done in a systematic and timely manner. The adopted "safety profile" for the City of Meridian should then be communicated to the public. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Compile current programs or standards in place by departments that participate in providing 'safety' for the community. ll. Compile industry standards or best practice for like programs/standards. III. Establish working group to establish recommended programs, standards, and plans for City Council consideration and adoption. IV. Develop communication method to articulate Safety Profile to the community. Performance Measure(s): List all Performance Measures to be Used. I. Safety Profile components are developed and adopted by City Council. II. Communication plan developed Status Updates: City of Meridian Strategic Flan - Set targets, identify gaps, and deploy programs and services that elevate the M&Safety Profile to achieve the desired targets. 4.A. -Establish Meridian as a premier safe community. Lead Department: Fire Support Department(s): ® Community Development ❑ Finance ❑ Fire ❑ Information Services External Support: Central District Health, Ada ❑ Human Resources ❑ Legal ❑ Mayor's Office County Paramedics, Partner Fire and Law agencies, ❑ Parks ❑ Police ® Public Works Local Hospitals, ACHD/ITD Estimated Cost to Complete Objective: $$ 5,000-25,000 Priority: 3. Low Estimated Cost to Implement Objective: $$$$ 250,000-500,000 Estimated Effort: 100-250 Hours Planned Start Date: 1/1/19 Anticipated Completion Date: 12/31/19 Objective Summary: Upon completion of identifying the current "Safety Profile" for the City, targets will need to be developed and adopted in order to realize the desired "Safety Profile" for the City. Once targets are established, and upon completion of a gap analysis, programs should be developed and implimented to meet the desired targets. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Review and analyze like sized communities for standards, programs, and plans that constitute a "safety profile." II. Compare against current City of Meridian standards, programs, and plan. III. Convene working group to determine proposed Safety Profile components for City Council consideration. IV. Establish objectives, benchmarks, and timelines for implimentation of each adopted component. V. Establish continuing monitoring program to ensure continued success of adopted Safety Profile. Performance Measure(s): List all Performance Measures to be Used. Safety Profile components are developed and adopted by City Council. Implimentation plan developed and adopted. Status Updates: City of Meridian Strategic Plan . - Align City Ordinances, codes, policies, and resources based on the adopted • :&Safety Profile 4.A. - Establish Meridian as a Premier Safe Community Lead Department: Legal Support Department(s): M Community Development ❑ Finance ❑ Fire ❑ Information Services External Support: ❑ Human Resources ❑ Legal ❑ Mayor's Office Parks ® Police ❑ Public Works Estimated Cost to Complete Objective: $ 0-5,000 Priority: 3. Low Estimated Cost to Implement Objective: $ 0-50,400 Estimated Effort: 0-50 Hours Planned Start Date: 1/1/20 Anticipated Completion Date: 6/1/20 Objective Summary: To ensure Meridian is a safe place to live, work, and play, the developed Safety Profile should be codified for its compliance. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Identify methods of implementation of the profile; Le policy vs. ordinance. II. Research similar ordinances, if any. III. Draft policy or ordinance as determined. IV. Bring to a Council workshop for discussion. V. After direction from the City Council, craft final form. Performance Measure(s): List all Performance Measures to be Used. Adoption of policy or ordinance . Status Updates: Item 4.A.2. needs to be complted before work can begin. City of Meridian Strategic Plan Identify gaps and deploy programs and services that enhance the ability of 0 :&people to move safely within and through the community. • + 4.A Establish Meridian as a premier safe community. Lead Department: Community Development Support Department(s): ❑ Community Development ❑ Finance ❑ Fire ❑ Information Services; External Support: VRT, ACHD, ITD, COMPASS, ACSO ❑ Human Resources Legal ❑ Mayor's Office ® Parks E Police ® Public Works Estimated Cost to Complete Objective: $ 0-5,000 Priority: 2. Medium Estimated Cost to Implement Objective: $$$$ 250,000-500,000 Estimated Effort: 50-100 Hours Planned Start Date: 1/1/17 Anticipated Completion Date: 12/31/17 Objective Summary: To ensure Meridian is a safe place for people to move throughout, identifed gaps from the Community Safety Profile weed to be addressed. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Review the gaps identified in the Community Safety Profile. II. Design programs and other responses to address the identified gaps. III. Present information to City Council for consideration. IV. Deploy specific programs and other responses. Performance Measure(s): List all Performance Measures to be Used. I. Deployment of specifice programs and other measures designed to address the gaps. Status Uudates: City of Meridian Strategic Plan • : 4.A.5. - Become among the Top 100 "Safest Cities" nationally. ejoylIM 4.A. - Establish Meridian as a premier safe community. Lead Department: Mayor's Office External Support: Support Department(s): [:]Community Development ❑ Finance ® Fire ❑ Information Services ❑ Human Resources ❑ Legal ❑ Mayor's Office ❑ Parks ® Police ® Public Works Estimated Cost to Complete Objective: $ 0-5,000 Priority: 3. Low Estimated Cost to Implement Objective: $$$ 100,000-250,000 Estimated Effort: 100-250 Hours Planned Start Date: 1/1/16 Anticipated Completion Date: 12/31/19 Obiective Summary: To proved the best public safety to existing residents and establish Meridian as a destination community on a ntaional level for those who desire to live in a safe community. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Identify benchmarking tool in order to make determination to be a Top 100 "Safest Cities." II. Examine criteria being utilzed by benchmarking tool and determine Meridian's existing levels in criteria. III. Determine changes needed in benchmarked criteria in order to be listed as a Top 100 "Safest Cities." IV. Prepare a plan to meet identified changes in benchmarked criteria. V. Review criteria and changes to Meridian's levels in order to make appropriate adjustments ongoing. Performance Measurefs?: List all Performance Measures to be Used. Top 100 "Safest City" goal is identified. Top 100 "Safest City" recognition is achieved. Status Updates: City of Meridian Strategic Plan s : 4.B.1. - Use industry standards and benchmarks to develop and communicate the Health Profile of Meridian. • + 4.8. - Establish Meridian as a premier healthy community. Lead Department: Fire Support Department(s): ❑ Community Development ❑ Finance ❑ Fire ❑ Information Services External Support: Central District Health, Ada ❑ Human Resources ❑ Legal ® Mayor's Office County Paramedics, Partner Fire and Law agencies, ® Parks ❑ Police ® Public Works Local Hospitals, EPA, State of Idaho Estimated Cost to Complete Objective: $ 0-5,000 Priority: 2. Medium Estimated Cost to Implement Objective: $ 0-50,000 Estimated Effort: 0-50 Hours Planned Start Date: 1/1/18 Anticipated Completion Date: 12/31/18 Obiective Summary: To ensure that Meridain is a healthy place to live, work, and play, a Health Profile constituting the standards, programs, and plans should be developed with established benchmarks. Programs are adopted to meet the goal. Plans are developed and adopted to ensure implimentation of standards and programs are done in a systematic and timely manner. The adopted "health profile" for the City of Meridian should then be communicated to the public. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order L Compile current programs or standards in place by departments that participate either directly or indirectly in providing for the heatlh and well-being of the community 11. Compile industry standards or best practice for like programs/standards III. Establish working group to establish recommended programs, standards, and plans for City Council consideration and adoption N. Develop communication method to articulate Health Profile to the community Performance Measure(s): List all Performance Measures to be Used. Health Profile components are developed and adopted by City Council Communication plan developed Status Updates: City of Meridian Strategic Plan . - Set targets, identify gaps, and deploy programs and services that elevate the M&Health Profile to achieve the desired targets. 4.6. - Establish Meridian as a premier healthy community. Lead Department: Fire Support Department(s): ® Community Development ❑ Finance ❑ Fire ❑ Information Services External Support: Central District Health, Ada [:]Human Resources [:]Legal ® Mayor's Office County Paramedics, Partner Fire and Law agencies, ® Parks ❑ Police ❑ Public Works Local Hospitals, EPA, State of Idaho Estimated Cost to Complete Objective: $$ 5,000-25,000 Priority: 3. Low Estimated Cost to Implement Objective: $$$$ 250,000-500,000 Estimated Effort: 100-250 Hours Planned Start Date: 1/1/19 Anticipated Completion Date: 12/31/19 Objective Summary: To ensure that Meridain is a healthy place to live, work, and play, a Health Profile constituting the standards, programs, and plans should be developed with established benchmarks. Programs are adopted to meet the goal. Plans are developed and adopted to ensure implimentation of standards and programs are done in a systematic and timely manner. The adopted "health profile" for the City of Meridian should then be communicated to the public. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Review and analyze like sized communities for standards, programs, and plans that constitute a "health profile." II. Compare against current City of Meridian standards, programs, and plan. III. Convene working group to determine proposed Health Profile components for City Council consideration. IV. Establish objectives, benchmarks, and timelines for implimentation of each adopted component. V. Establish continuing monitoring program to ensure continued success of adopted Health Profile. Performance Measure(s): List all Performance Measures to be Used. I. Health Profile components are developed and adopted by City Council.. II. Implimentation plan developed and adopted. III. Continuous monitoring program established. Status Updates: City of Meridian Strategic Flan • ; 4.13.2. - Set targets, identify gaps, and deploy programs and services that elevate the Health Profile to achieve the desired targets. • 4.13. - Establish Meridian as a premier healthy community. Lead Department: Fire Support Department(s): F;J Community Development ❑ Finance ❑ Fire ❑ Information Services External Support: Central District Health, Ada ❑ Human Resources ❑ Legal ® Mayor's Office County Paramedics, Partner Fire and Law agencies, ® Parks ❑ Police [] Public Works Local Hospitals, EPA, State of Idaho Estimated Cost to Complete Objective: $$ 5,000-25,000 Priority: 3. Low Estimated Cost to Implement Objective: $$$$ 250,000-500,000 Estimated Effort: 100-250 Hours Planned Start Date: 1/1/19 Anticipated Completion Date: 12/31/19 Ob`ective Summa Upon completion of identifying the current "Health Profile" for the City, targets will need to be developed and adopted in order to realize the desired "Health Profile" for the City. Once targets are established, and upon completion of a gap analysis, programs should be developed and implimented to meet the desired targets. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. review and analyze like sized communities for standards, programs, and plans that constitute a "health profile." II. Compare against current City of Meridian standards, programs, and plan. III. Convene working group to determine proposed Health Profile components for City Council consideration. IV. Establish objectives, benchmarks, and timelines for implimentation of each adopted component. V. Establish continuing monitoring program to ensure continued success of adopted Health Profile. Performance Measure(s): List all Performance Measures to be Used. I. Health Profile components are developed and adopted by City Council. li. Implimentation plan developed and adopted. Ill. Continuous monitoring program established. Status Updates: City of Meridian Strategic Plan 4.B.3. - Align City Ordinances, codes, policies, and resources based on the adopted Health Profile • 1 4.8. - Establish (Meridian as a Premier Healthy Community Lead Department: Legal Support Department(s): ® Community Development ❑ Finance ® Fire ❑ Information Services External Support: None ❑ Human Resources ❑ Legal ❑ Mayor's Office Z Parks ® Police ❑ Public Works Estimated Cost to Complete Objective: $ 0-5,000 Priority: 3. Low Estimated Cost to Implement Objective: $ 0-50,000 Estimated Effort: 0-50 Hours Planned Start Date: 1/1/20 Anticipated Completion Date: 6/1/20 Oboective Summary: To ensure Meridian is a safe place to live, work, and play, the developed Health Profile should be codified for its compliance. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Legal will need to identify methods of implementation Le; policy vs. ordinance. II. Research similar ordinances, if any. III. Draft policy or ordinance as determined. IV. Bring to a Council workshop for discussion. V. After direction from the City Council, craft final form. Performance Measure(s): List all Performance Measures to be Used. Adoption of policy or ordinance Status Updates: Item 4.B.2. needs to be completed before work can begin. City of Meridian Strategic Plan • : 4.8.4. - Build and maintain a broad spectrum of partnerships to create a healthy community and improve access to health care services. • i 4.8. - Establish Meridian as a premier healthy community. Lead Department: Fire Support Department(s): ❑ Community Development ❑ Finance ❑ Fire ❑ information Services External Support: Central District Health, Ada ❑ Human Resources ❑ Legal ❑ Mayor's Office County Paramedics, Partner Fire and Law agencies, ❑ Parks ❑ Police ❑ Public Works Local Hospitals, EPA, State of Idaho Estimated Cost to Complete Objective: $$ 5,000-25,000 Priority: 2. Medium Estimated Cost to Implement Objective: $$ 50,000-100,000 Estimated Effort: 50-100 Hours Planned Start Date: 1/1/18 Anticipated Completion Date: 12/31/19 Objective Summary: To meet the goal of Meridian becoming a premier healthy community, the City needs to partner with other local government and the private sector to ensure adequate access to health care services along with promoting overall individual and community health through preventative measures. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Identify key partnerships needed to meet the Health Profile of the City and improve access to health care services. II. Convene working group of partners to identify ways to achieve the Health Profile and improve access to health care services. III. Develop a plan with community partners to improve access to health care. IV. Impliment recommendations working with key community partners. V. Establish continuous monitoring program to ensure success. Performance Measure(A: List all Performance Measures to be Used. Partners are identified and established. Plan developed and programs impiimented through partners. Status Updates: City of Meridian Strategic Plan • : 4.B.5. - Become among the Top 100 "Healthiest Cities" nationally. • , • 4.6. - Establish Meridian as a premier healthy community. Lead Department: Mayor's Office External Support: Support Department(s): ❑ Community Development ❑ Finance F;J Fire ❑ Information Services ❑ Human Resources ❑ Legal ❑ Mayor's Office ❑ Parks ❑ Police ❑ Public Works Estimated Cost to Complete Objective: $ 0-5,000 Priority: 3. Low Estimated Cost to Implement Objective: $ 0-50,000 Estimated Effort: 100-250 Hours Planned Start Date: 1/1/16 Anticipated Completion Date: 12131/2020 Objective Summary: To create a healthy environment for existing residents and establish Meridian as a destination community on a ntaional level for those who desire to live in a healthy community. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Identify benchmarking tool in order to make determination to be a Top 100 "Healthiest Cities." II. Examine criteria being utilzed by benchmarking tool and determine Meridian's existing levels in criteria. lll. Determine changes needed in benchmarked criteria in order to be listed as a Top 100 "Healthiest Cities." IV. Prepare a plan to meet identified changes in benchmarked criteria. V. Review criteria and changes to Meridian's levels in order to make appropriate adjustments ongoing. Performance Measure(s): List all Performance Measures to be Used. Top 100 "Healthiest City" goal is identified. Top 100 "Healthiest City" recognition is achieved. Status Updates: City of Meridian Strategic Plan efine the educational, financial, food, shelter, personal preparedness, and l security environment ("Socio -Economic Profile") within the community. 116economic 4.C. -Promote and advance social services that strengthen the socio - well -being of the community. Lead Department: Community Development Support Department(s): ❑ Community Development ❑ Finance ® Fire ❑ Information Services; External Support: State and local agencies ❑ Human Resources ❑ Legal ❑ Mayor's Office ❑ Parks ® Police ❑ Public Works Estimated Cost to Complete Objective: $$ 5,000-25,000 Priority: 3. Low Estimated Cost to Implement Objective: $ 0-50,000 Estimated Effort: 50-100 Hours Planned Start Date: 10/1/17 Anticipated Completion Date: 9/30/18 Objective Summary: Determining the Socio -Economic Profile provides another lens with which to view the city and identify gaps in needed programs, services and amenities. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Create definitions for the various components of the Socio -Economic profile. II. Analyze available data (ACS, Census, etc) in order to identify relevant Socio -Economic indicators. Performance Measure(s): List all Performance Measures to be Used. I. A clear definion exists for the 6 items which make up the Socio -Economic Profile for a Meridian resident. Status Updates: City of Meridian Strategic Pian • : 4.C.2. - Set targets and identify gaps in programs and services to elevate the Socio - Economic Profile of the community. A • i 4.C. - Promote and advance social services that strengthen the socio- economic well-being of the community. Lead Department: Community Development Support Department(s): ❑ Community Development ❑ Finance Z Fire ❑ Information Services; External Support: State and local agencies [:]Human Resources ❑ Legal ® Mayor's Office ❑ Parks Z Police ❑ Public Works Estimated Cost to Complete Objective: $$ 5,000-25,000 Priority: 3. Low Estimated Cost to Implement Objective: $ 0-50,000 Estimated Effort: 50-100 Hours Planned Start Date: 10/1/18 Anticipated Completion Date: 4/30/19 Objective Summary: Discovering or creating models to bridge gaps in necessary programs and services will assist in elevating the community's socio-economic profile. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Establish base -level targets for the 6 components of the City's Socio -Economic profile. II. Conduct an inventory of services and amenities within the City for each of the 6 components. III. Consult with area service providers to determine if services and amenities are being filled by programs outside the City. IV. Research applicable relevant state and county services that may be out of reach. V. Evaluate access to programs and services with regard to priority, efficacy and location. VI. Identify gaps in community programs and services with regard to the established socio-economic profile. VII. Develop modelsfor programs and services to bridge identified gaps. Performance Measure(s): List all Performance Measures to be Used. Each component of the City's Soci-Economic profile has an established base -line target for community. Gaps in services to reach established base -line are identified. Status Updates: City of Meridian Strategic Plan OBJECTIVE 4.C.3. - Build and maintain a broad spectrum of partnerships to create a secure community and improve the education of and access to social and support services. STRATEGIC G • 4 OM- Promote and advance social services that strengthen the socio- economic well-being of the community. Lead Department: Mayor's Office Support Department(s): Z Community Development ® Finance ® Fire ❑ Information Services External Support: Other Government Agencies, 0 Human Resources ❑ Legal ❑ Mayor's Office Non-profit Service Providers ❑ Parks ® Police ❑ Public Works Estimated Cost to Complete Objective: $ 0-5,000 Priority: 2. Medium Estimated Cost to Implement Objective: $ 0-50,000 Estimated Effort: 50-100 Hours Planned Start Date: 1/1/2016 Anticipated Completion Date: 12/31/20 Objective Summary: To leverage taxpayer dollars by working with existing providers and organizations who provide socia -economic services so that duplicaiton of needed or identified services by the City is prevented. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Identify all existing providers/organizations who provide socio-economic programs in Meridain and the Treasure Valley. II. Determine which organizations provde programs and services in the 6 components of the targeted socio- economic areas. Ill. Form relationships and engage providers to get buy in on need of services in Meridian. IV. Create opportunities and form partnerships as necessary which are focused on bring any identified/needed education, programs or services to the community. Performance Measure(s): List all Performance Measures to be Used. List of Service Providers is created. Partnerships are established to provide improved access to social and support services. Status Updates: City of Meridian Strategic Plan r : 4.C.4. - Deploy programs and services that address social and support services deficiencies. STRATEGIC. GOAL 4.C. - Promote and advance social services that strengthen the socio- economic well-being of the community. Lead Department: Mayor's Office Support Department(s): ® Community Development ❑ Finance ® Fire ❑ Information Services External Support: Federal, State Agencies, Ada ❑ Human Resources 7 regal ❑ Mayor's Office County, Non -Profit Providers ❑ Parks Z Police ❑ Public Works Estimated Cost to Complete Objective: $$$$ 50,000+ Priority: 3, Low Estimated Cost to Implement Objective: $$$ 100,000-250,000 Estimated Effort: 250+ Hours Planned Start Date: 10/1/19 Anticipated Completion Date: 12/31/20 Objective Summary: To bring the needed programs and services to the community to ensure base -line targets are met in the 6 identified areas of the City of Meridian Socio -Economic profile. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order 1. Consult with area service providers/partners to develop plans for each of the 6 components of the Socio - Economic profile. 11. Coordinate the delivery of the identified services to ensure equitable access to the entire community which do not meet the identified target levels.. Ill. Create opportunities for public engagement to evaluate effectiveness of programs and service -delivery. Performance Measure(s): List all Performance Measures to be Used. 1. Programs are deployed in each of the 6 identified areas of the Clty's Socio -Economic profile. 11. Program and service -delivery models assessed annually to ensure an appropriate and equitable degree of access is available. III. Target rates are achieved 5 year after plans are implemented. Status Updates: City of Meridian Strategic Plan • : 4.C.5. - Align City Ordinances, codes, policies, and resources based on the adopted Socio -Economic Profile • 1 • 4.C. - Promote and advance social services that strengthen the socio- economic well-being of the community Lead Department: Legal Support Department(s): ❑ Community Development ❑ Finance ® Fire ❑ Information Services External Support: None ❑ Human Resources ❑ Legal ® Mayor's Office ® Parks ❑ Police ❑ Public Works Estimated Cost to Complete Objective: $ 0-5,000 Priority: 3. Lova Estimated Cost to Implement Objective: $ 0-50,000 Estimated Effort: 0-50 Hours Planned Start Date: 1/1/20 Anticipated Completion Date: 6/1/20 Obiective Summary: To ensure Meridian is a safe place to live, work, and play, the developed Socio -Economic Profile should be codified for its compliance. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Legal will need to identify methods of implementation; Le policy vs. ordinance If. Research similar ordinances, if any III. Draft policy or ordinance as determined IV. Bring to a Council workshop for discussion V. After direction from the City Council, craft final form Performance Measure(s): Last all Performance Measures to be Used. Adoption of policy or ordinance Status Updates: Item 4.C.2. needs to be completed before work can begin. City of Meridian Strategic Plan • : 4.D.1. - Develop a Comprehensive Risk Management Program inclusive of Risk Identification, mitigation, safety audits, training, and proper resourcing • • + D. - Establish a Comprehensive Health and Safety Program for the City of Meridian Lead Department: Legal Support Department(s): ❑ Community Development ❑ Finance ® Fire ❑ information Services External Support: ICRMP, All American Insurance, ❑ Human Resources [:]Legal ❑Mayor's Office Consultant ®Parks ®Police F� Public Works Estimated Cost to Complete Objective: $$$$ 50,000+ Priority: 2. Medium Estimated Cost to Implement Objective: $$ 50,000-100,000 Estimated Effort: 100-250 Hours Planned Start Date: 4/1/16 Anticipated Completion Date: 9/30/17 Objective Summary: Createing a fully formed and vetted risk mangement program for the entire City to include current claims management with additional safety training, audits, and risk aversion types of anaylsis for all departments will have a positive financial impact to the City. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Identify current program components. II. Identify possible additional programming needs with support separtments. III. Create consultant scope of work. IV. Create task force of internal and external support to work with consultant. V. Develop plan to meet needs associated with risk Identification, mitigation, safety audits, training, and proper resourcing and identify any staffing needs and timeframe for phasing of plan. VI. Receive plan approval from City Council. VII. Implement plan into existing Risk Management Program. VIII. Develop training program for Program components. Performance Measure(s): List all Performance Measures to be Used. L Plan is developed to meet Risk Management Program components. ll. Training is given to all identified employees one year after plan is implemented into Program. III. 25/o reduction in claims associated with Risk Management is achieved.. Status Updates: City of Meridian Strategic Plan • : 4.D.2. - Develop a comprehensive family -focused Health and Wellness Program for City employees • + • • 4.D. - Establish a comprehensive Health and Safety Program for the City of Meridian Lead Department: Human Resources Support Department(s): ❑ Community Development ❑ Finance ❑ Fire ❑ Information Services External Support: Benefits and Wellness ❑ Human Resources ® Legal ❑ Mayor's Office Committees; Blue Crass/Healthy Measures ❑ Parks ❑ Police ❑ Public Works Wellness Programs; Mercer Estimated Cost to Complete Objective: $ 0-5,000 Priority: 2. Medium Estimated Cost to Implement Objective: $ 0-50,000 Estimated Effort: 0-50 Hours Planned Start Date: 1/1/17 Anticipated Completion Date: 9/30/17 Obiective Summary: In order to curtail helath care costs and improved the experieince rating for the City, families of employees will be more fully intergrated into the health and wellness programs offered to employees. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Assess opportunities for family involvement within the current Wellness Program structure. II. Identify other cost effective ways to include families in healthy habits and wellness to include financial incentives, added programs, discounts, expanded benefits, etc. III. Research best practices and emerging trends for family wellness in use by other employers; partner with health insurance provider(s). IV. Involve both Benefits and Wellness Committee members in identifying opportunities and making recommendations. V. Bring recommendations to Mayor and Director team; provide all considerations including budget impacts. VI. Obtain Council approval for new programs as required. VII. Prepare implementation plan to include communication plan to both employee and to their family member(s). VIII. Implement program components as approvals are obtaine.d Performance Measurefsi: List all Performance Measures to be Used. 1. Family participation rates in wellness programs. IL Dependent claim volume and dollar amounts III. Over time(5 years?), experience rating in dependent coverage will improve as families become more involved. Status Updates: City of Meridian Strategic Plan OBJECTIVE4.E.1. Promote green building designs, practices, and materials that improve indoor air quality and overall health. STRATEGIC GOAL 4.E. Advance sustainable and environmentally healthy practices throughout the City. Lead Department: Community Development Support Department(s): ❑ Community Development ❑ Finance N Fire ❑ Information Services; External Support: Key builders/developers, ❑ Human Resources ❑ Legal N Mayor's Office stakeholders and other Treasure Valley ❑ Parks ❑ Police ® Public Works Municipalities Estimated Cost to Complete Objective: $ 0-5,000 Priority: 3. Low Estimated Cost to Implement Objective: $ 0-50,000 Estimated Effort: 100-250 Hours Planned Start Date: 10/1/19 Anticipated Completion Date: 9/30/20 Obiective Summary: In order for Meridain to be a premier City to live, work and raise a family there needs to be an overall focus on having a healthy community; green building designs, practices, and materials are a part of that focus in order to improve indoor air quality and overall health. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Write a scope of work and hire a consultant to help reasearch building codes and other information related to green building designs, practices, and materials that improve indoor air quality and overall health. II. Inventory existing programs implimented by other Treasure Vally municipalities (eg - Ordinances, Policies, Incentives, etc.). III. Undertake a SWOT analasys and evaluate existing programs implimented by other Treasure Valley municipalities for consistency, pracicality and feasibility for Meridian. IV. Develop program and incentives for greeen building with measurable goals for short-, mid- and long-term. V. Engage City Council, the key builders/developers, stakeholders to further refine any proposed program(s) and incentives. VI. Develop a plan to publicize the City's final green building program to appropriate groups. Performance Measure(s): List all Performance Measures to be Used. I. Program/Incentives devloped. II. Council adoption of a green building program. III. 25% of all building done in Meridian is considered green. Status Updates: City of Meridian Strategic Plan • : 4.E.2. - Develop sustainability initiatives in the areas of water conservation, recycling, and energy efficiency. • 4.E. - Advance sustainable and environmentally healthy practices thoughout the City. Lead Department: Public Works Support Department(s): ® Community Development 0 Finance [A Fire ® Information Services External Support: Republic Services, United Water, ❑ Human Resources ❑ Legal ❑ Mayor's Office Idaho Rivers United, Idaho Power, Boise Z Parks ® Police [] Public Works Watershed, iSTEM Education Group, Partners for Clean Water, School District Estimated Cost to Complete Objective: $$ 5,000-25,000 Priority: 2. Medium Estimated Cost to Implement Objective: $$ 50,000-100,000 Estimates) Effort: 250+ Hours Planned Start Date: 1/1/17 Anticipated Completion Date: 9/30/19 Obiective Summary: To guide the incorporation of sound environmental principles and practices into the daily operations of the City as well as expand the community's understanding and support for sustainability initiatives in three components: economic vitality, environmental integrity, and social equity. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Hire a consultant to facilitate the review of existing plans, studies and policies relative to sustainability and environmental programs, (e.g., Environmental Programs Plan, Water Conservation Plan, Water Supply Contingency Plan, Source Water Protection Plan, City Comprehensive Plan, Energy Efficiency & Conservation Strategy, Public Works Strategic Plan, etc.) to identify programs in place, and sustainability initiatives not yet developed or implemented. II. Utilize a consultant to conduct a gap analyses to identify opportunities for new plans to be refreshed or written (e.g., Class A Recycled Water Plan, Solid Waste Management Plan) that would include sustainability components. III. Review 4.E.1 for alignment and coordination as appropriate. IV. Identify stakeholders both internal and external that could influence development and outcome of sustainability initiatives. Include appropriate stakeholder fous groups in development of targeted sustainability initiatives. V. Identify and assess the financial, social and environmental benefits, costs and feasiblity of tactics. VI. Develop an implementation plan, costing scenarios and performance measures for activities within the identified tactics. VII. Receive Council Approval of Implementation Plan. Performance Measure(s): List all Performance Measures to be Used. I. Existing plans reviewed and updated. II. Council approval of implementation plan. III. Increased perception of Meridian as a community that is developing sustainable/conscious environment from 631 in 2014 City Survey to 681 in 2020 City Survey. Status Updates: City of Meridian Strategic Plan • : 4.E.3itheCity. romote community based eco -sustainable programs, projects, and services. • s i4.E. - Advance sustainable and environmentally healthy practices thoughout . Lead Department: Public Works Support Department(s): Z Community Development ❑ Finance F;� Fire ® Information Services External Support: Republic Services, United Water, [:]Human Resources [:]Legal ® Mayor's Office Idaho Rivers United, Idaho Power, Boise ® Parks M Police Z Public Works Watershed, iSTEM Education Group, Boise River Enhancement Network, Watershed Watch, Meridian Co-op Gardeners, Univ. of ID Extension, Partners for Clean Water, School District Estimated Cost to Complete Objective: $$ 5,000-25,000 Priority: 2. Medium Estimated Cost to Implement Objective: $$ 50,000-100,000 Estimated Effort: 250+ Hours Planned Start Date: 10/1/16 Anticipated Completion Date: 9/30/19 Obiective Summary: In order to promote environmentally sustainable programs, projects and services that benefit our citizenry, it is necessary to increase the community's knowledge, skills and attitudes about sustainability, resulting in an increase in the number of people who incorporate aspects of environmental sustainability into their lifestyle. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Compile current community based environmental programs, projects and services and baseline participation. II. Identify stakeholder groups within the community that could be active participants in the promotion of eco -sustainable programs, project and services. III. Identify opportunities to develop partnerships to share ideas and local resources in promotion of environmental programs, projects and services. IV. Identify and approach local organizations and businesses to sponsor environmental projects by contributing to the Meridian Community Recycling Fund Program for its provision of small community- based grants. V. Coordinate with a land grant university (Univ. of Idaho) to gather information on public opinions, attitudes, and behavior about environmental, economic, and social sustainability in our community. VI. Utilize survey results to identify topics and targeted audiences for community-based environmental programs, projects and services. VII. Identify opportunities for environmentally -focused classes to be included in the Meridian's Parks and Recreation Activity Guide. VIII. Assess the feasiblity of developing additional community gardens in the city. IX. Identify homeowner associations, schools, churches and other groups to sponsor community-based cleanups of streets, stormdrains, and creeks. Performance Measure(s): List all Performance Measures to be Used. I. Baseline participation in community based environmental programs, projecsts and services increases by 25% by 2020. Status Updates: City of Meridian Strategic Plan . - Evaluate and define the objectives of, and adapt new strategies to elevate :&participation in, City activities. 3.A. - Elevate the engagement of the community with local government. Lead Department: Mayor's Office Support Department(s): ® Community Development ® Finance ® Fire ❑ Information Services; External Support: [:]Human Resources ®Legal ❑ Mayor's Office ®Parks ®Police E Public Works Estimated Cost to Complete Objective: $ 0-5,000 Priority: 2. Medium Estimated Cost to Implement Objective: $ 0-50,000 Estimated Effort: 100-250 Hours Planned Start Date: 1/1/17 Anticipated Completion Date: 6/30/17 Obiective Summary: Ensure all City Departments are using effective and efficient strategies in their marketing of City events and activities in order to increase participation and create a greater level of engagement between the community and local government. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Identify all City events and activities by Department, their stated purpose, targeted audience, and expected participation level. II. Review event/activity purpose or objective to ensure it is consistent with City Mission/Vision/Values. Ill. Define current and desired level of participation/engagement in events/activities. IV. Evaluate existing marketing strategies being utilized for events and activities and compare practices with other public and private entities. V. Identify best practices and establish procedures for marketing of City events/activities and participation by attendees. VI. Create an evaluation process to determine the overall success of each City event or activity. Performance Measure(s): List all Performance Measures to be Used. Strategies to elevate participation to target levels and an evaluation process to determine the success level for City events and activities are in place and utilized by all City departments. Public involvement in local decision making is increased from 52/ per 2014 City Survey to 60% in 2017 City Survey. Status Updates: City of Meridian Strategic Plan • :T 3.A.2. - Improve Citizen Access to Government • 0 1 3.A. - Elevate the engagement of the community with local government. Lead Department: Mayor's Office External Support: Other Ada County Government Agencies Support Department(s): F� Community Development ® Finance [] Fire ® Information Services; ® Human Resources ® Legal ❑ Mayor's Office ® Parks ® Police ® Public Works Estimated Cost to Complete Objective: $$ 5,000-25,000 Priority: 2. Medium Estimated Cost to Implement Objective: $ 0-50,000 Estimated Effort: 100-250 Hours Planned Start Date: 2/1/17 Anticipated Completion Date: 1/31/18 Obiective Summary: To create greater engagement and participation to facilitate citizen input in the planning, operations, and decision making process of the City. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Inventory and determine effectiveness of existing internal and external access points. ll. Research other government entities and marketplace options. Ill. Identify desired improvements. Iv. Conduct GAP analysis and provide recommendation of needs. V. Create plan to implement identified recommendations for improved citizen access. VI. Schedule periodic evaluation of citizen access to Government. Performance Measure(s): List all Performance Measures to be Used. Metrics are developed to ascertain citizen access to government. Public involvement in local decision making is increased from 52% per 2014 City Survey to 60% in 2017 City Survey. Status Updates: City of Meridian Strategic Plan — Develop partnerships allowing the City to become an access point to other rnment. M:&3.A.3. 3.A. — Elevate the engagement of the community with local government. Lead Department: Mayor's Office Support Department(s): ❑ Community Development ❑ Finance ® Fire ❑ Information Services External Support: County, State, Fedeal agencies ❑ Human Resources Z Legal ❑ Mayor's Office ❑ Parks ❑ Police ❑ Public Works Estimated Cost to Complete Objective: $ 0-5,000 Priority: 3. Low Estimated Cost to Implement Objective: $ 0-50,000 Estimated Effort: 0-50 Hours Planned Start Date: 1/1/17 Anticipated Completion Date: 12/31/17 Objective Summary: To bring additional services provided by other government entitiies to City Hall and the City of Meridian in order for them to be more readily accessible by the residents of Meridian. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Identify highly utulized other government services not currently accessible at locations in the City of Meridian. II. Determine the need and viability of having those services avaiable in Meridian on a part time or full time basis. III. Develop a plan to engage various government entities to bring identified services of high value to Meridian. IV. Implement engagement plan. Performance Measure(s) : List all Performance Measures to be Used. I. New services from other government agencies are available in Meridian. Status Updates: City of Meridian Strategic Flan -Develop a cost effective and competitive benefit plan • • 3.8. - Establish a comprehensive workforce development and retention program for the City. Lead Department: Human Resources Support Department(s): ❑ Community Development ® Finance ❑ Fre ❑ Information Services; External Support: Benefits Committee, Mercer or ❑ Human Resources ❑ Legal ❑ Mayor's Office other Benefits Consultant/Broker ❑ Parks ❑ Police ❑ Public Works Estimated Cost to Complete Objective: $ 0-5,000 Priority: 1. High Estimated Cost to Implement Objective: $$$$$ 500,000+ Estimated Effort: 0-50 Hours Planned Start Date: 1/1/16 Anticipated Completion Date: 12/31/16 Obiective Summary: In order to continue to retain and attract high caliber employees and be a premiere employer, the City must have a competitive and effective benefit program in place. While the program includes several elements, the largest and most costly is the medical coverage offered to employees and dependents. The bulk of the focus of the program and the objective is around medical coverage. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Define all the elements of the benefit program. 11. Develop a strategic roadmap designed to evolve benefits in a deliberate way to maximize employee advantage while maintaining cost effectiveness and sustainability to include strategic direction, desired outcomes and time -frames. III. Perform annual comparisons to ensure the City is getting the best value for the dollar and can continue to be competitive in the marketplace for employee attraction and retention. IV. Utilizing effective Benefits Committee, review and make recommendations for benefit design and costs each year. Ensure Benefits Committee effectiveness through clarity of purpose and achievement of goals. V. Explore emerging alternatives in the medical insurance field (e.g. Mercer marketplace). VI. Review and assess strategic road -map periodically as market factors and City budgets change. Performance Measure(s): List all Performance Measures to be Used. I. Benefit plans are financially sustainable; measured by Finance. II. Benefit programs compare favorably to competitors. III. Best practices are utilized and implemented. Status Updates: City of Meridian Strategic Plan • : 3.B.2. - Identify ;position specific training needs • • i 3.13. - Establish a comprehensive workforce development and retention program for the City. Lead Department: Human Resources Support Department(s): ® Community Development ® Finance ® Fire 7 Information Services External Support: Professional training resources, [:]Human Resources ®Legal ® Mayor's Office e.g. consultants, BSU Center for Professional ® Parks Z Police ® Public Works Development, etc. Estimated Cost to Complete Objective: $ 0-5,000 Priority: 2. Medium Estimated Cost to Implement Objective: $ 0-50,000 Estimated Effort: 100-250 Hours Planned Start Date: 1/1/17 Anticipated Completion Date: 12/31/1$ Objective Summary: In support of a comprehensive workforce development program for the City, each position in use in the City should be assessed for skill levels and training required over time. Not only does this ensure the City will have employees performing jobs with appropriate skill levels, it will provide the specific development plan for each employee to improve and gain the required skills, certifications, degrees, and/or knowledge needed for career growth. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. With Department designee, assess the required skill levels for the jobs in their area(s) of responsibilty II. Validate information gained through market comparators, professional associations, salary surveys, etc. III. Assess gaps in training between position requirements and incumbent skill/training IV. Determine opportunities to include training courses in existing training programs, (e.g. B.E.S.T.) V. Ensure City and departmental budgets are adequate to meet the training and skill development needs Performance Measure(s): List all Performance Measures to be Used. I. Key jobs are identified and assessed for training needs by 12/31/17. II. Individual Development Plans (IDP) are developed for identified key personnel, by 6/1/1$. III. Training gaps are closed through use of IDPs IV. IDPs are tracked and monitored through software that also allows skill inventories to be searched and applied to new opportunities that emerge at the City, by 12/31/18. Status Updates: City of Meridian Strategic Plan • : 3.13.3. - Develop a succession planning program. • ► 3.13. - Establish a comprehensive workforce development and retention program for the City. Lead Department: Human Resources Support Department(s): ❑ Community Development ® Finance ❑ Fire ❑ Information Services External Support: Appropriate software, vendor, ❑ Human Resources ❑ Legal ❑ Mayor's Office subject matter experts, Department ❑ Parks ❑ Police ❑ Public Works Directors/others Estimated Cost to Complete Objective: $$ 5,000-25,000 Priority: 2. Medium Estimated Cost to Implement Objective: $$ 50,000-100,000 Estimated Effort: 50-100 Hours Planned Start Date: 1/1/17 Anticipated Completion Date: 12/31/17 Objective Summary: The City is growing and striving to maintain its premier status as a place to live, work and raise a family. Part of ensuring that this will continue is to develop and groom replacements for key positions. This includes Director, Superintendent, Division Manager and other key roles in the City. The City is poised for a more formal approach to succession planning. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Identify key positions for which to build succession plans. II. Identify and select appropriate tools, systems and resources for use in developing succession plan. III. Using appropriate tools, assess existing talent in the organization; identify high potentials to develop. IV. Perfom an analysis on identified individuals for gaps in skills, knowledge, abilities, education and experience. V. Create an individualized program to meet gaps as approriate, assigning goals and timelines. VI. Implement the plans with the selected individuals. VII. Monitor and measure over timelines established. Performance Measure(s): List all Performance Measures to be Used. I. Identified key positions will have at least one internal successor identified or plans in place to locate an appropriate successor externally per established timelines. II. IDPs tracked through performance appraisals and software. III. 50% of identified successors retained by the City and moved into appropriate vacancies. Status Updates: City of Meridian Strategic Plan • : 3.13.4. - Develop an employee engagement program • 1 3.B. - Establish a comprehensive workforce development and retention plan for the City. Lead Department: Human Resources Support Department(s): ❑ Community Development ❑ Finance ❑ Fire ❑ Information Services External Support: Possible v endors (Gallup, []Human Resources ❑ Legal ❑ Mayor's Office Terryberry, etc.) ❑ Parks ❑ Police ❑ Public Works Estimated Cost to Complete Objective: $ 0-5,000 Priority: 2. Medium Estimated Cost to Implement Objective: $ 0-50,000 Estimated Effort: 0-50 Hours Planned Start Date: 1/1/18 Anticipated Completion Date: 12/31/18 Objective Summary: Employee engagement is a broad term that focuses on retaining employees and maximizing performance. An effective program has multiple components that range from recognition to surveys to loyalty programs and employee -friendly, "humanized" policies. All departments may be involved in process from time to time. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Using appropriate tools and systems, assess current engagement climate. II. Identify opportunities for surveying, program development, inventive practices, etc. designed to increase loyalty. III. Research best practices, investigate vendor opportunities (e.g. Gallup, Terryberry, Baudville, etc.) to help manage or provide resources for program(s). IV. Create a holistic program approach to maximize employee engagement and create a positive culture for employees of all departments, while recognizing the differences between departments. V. Present proposals with budgets to Mayor and Director team. VI. Implement components of program. VII. Assess efficacy of overall program and program components for future improvement or maintenance. Performance Measure(s): List all Performance Measures to be Used. I. Implement program(s)by established timelines. II. Measure retention/engagement through regular surveying and other employee feedback methodologies. Status Updates: City of Meridian Strategic Plan • : 3.13.5. - Develop and maintain and competitive compensation program that enables quality recruitment and rewards and encourages high performance. • • 3.13. - Establish a comprehensive workforce development and retention program for the City. Lead Department: Human Resources Support Department(s): ❑ Community Development Finance ❑ Fire ❑ Information Services External Support: Subject matter experts, system ® Human Resources ❑ Legai Z Mayor's Office support (e.g. Payscale), local/state/regional ❑ Parks ❑ Police ❑ Public Works comparators, Compensation Committee Estimated Cost to Complete Objective: $ 0-5,000 Priority: 1. High Estimated Cost to Implement Objective: $ 0-50,000 Estimated Effort: 0-50 Hours Planned Start Date: 1/1/16 Anticipated Completion Date: 6/30/16 Objective Summary: In order to retain and attract top talent employees who perform at a high level, it is necessary to have a salary compensation program that will not reward these employess and nto become a driver of an employee's decision to leave the City. Furthermore, a solid compensation program can encourage high performance by differentiating pay rewards for better performers. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Review existing compensation program for improvement using turnover statistics, competitive data. II. Compare current program to neighboring municipalities, county agencies, state wages, regional governmental agencies and appropriate private sector competitors. Ill. Compare current program to current and emerging trends in compensation philosophy and best practices. IV. Determine if adjustments in philosophy should occur; what impacts adjustments may have on current program; what adjustments should be made to current program, when should adjustments be made. Assess new forms of compensation, such as bonuses or incentives to encourage top performance. V. Develop plan, if appropriate, to adjust philosophy and program, including presentation to Directors, Council, communication plan to employees, etc. VI. Ensure that the right performance review and monitoring systems, forms, programs and policies are in place to support expected outcomes. VII. Implement adjusted program. VIII. Continuously monitor programs to ensure efficacy; make adjustments as needed. Performance-Measure(s): List all Performance Measures to be Used. I. Retention rates will remain high (90's) II. Top performers retention rates exceed overall City retentaion rates. III. Salary levels will not be a deterrent in hiring top talent IV. Salaries will remain competitive to selected private sector companies and government comparators. Status Updates: City of Meridian Strategic Plan : 3.C.1. - Develop a local Incident Management Team to respond during and after times of community crisis. • • 3.C. - Ensure flexibility, adaptability, and resiliency of government during times of crisis and recovery. Lead Department: Fire Support Department(s): ❑ Community Development ❑ Finance ❑ Fire ® Information Services External Support: IMAST (Idaho Type 3 IMT), SW ❑ Human Resources ® Legal ® Mayor's Office Idaho Incident Management Team Quick Response ❑ Parks ❑ Police ® Public Works Unit Estimated Cost to Complete Objective: $ 0-5,000 Priority: 3. Low Estimated Cost to Implement Objective: $ 0-50,000 Estimated Effort: 0-50 Hours Planned Start Date: 1/1/18 Anticipated Completion Date: 12/31/18 Objective Summary: In order for the City of Meridian to be prepared to respond to a major event or community crisis, an Incident Management Team (IMT) should be in place to handle the duties of large scale events: Incident Command, Operations, Planning, Logistics, Finance/Admin, and Safety . It has been strongly suggested by members of ACCEM and TAG this be a valley wide 'team' that can respond into any jurisdiction to provide aid as doing it by individual jurisdictions can by time consuming and costly. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Determine training hours, personnel, and funding requirements for a stand alone Meridian City IMT based on National curriculum and standards. II. Compare cost against a Valley Wide IMT capable of responding to multiple jurisdictions. III. Compile analysis and produce report with final recommendation IV. Enact adopted option. Performance Measure(s): List all Performance Measures to be Used. L Either a Meridian stand alone team is enacted, or members of the City of Meridian are part of a regional I MT. Status Updates- City of Meridian Strategic Plan • : 3.C.2. - Fully deploy and adequately train staff to meet all objectives of the City of Meridian Continuity of Operations Plan (COOP). • b • 3.C. - Ensure flexibility, adaptability, and resiliency of government during times of crisis and recovery. Lead Department: Mayor's Office Support Department(s): ❑ Community Development ❑ Finance ® Fire ❑ Information Services External Support: Ada County Emergency ❑ Human Resources E Legal ❑ Mayor's Office Management ❑ Parks ❑ Palice M Public Works Estimated Cost to Complete Objective: $$$$ 50,000+ Priority: 3. Low Estimated Cost to Implement Objective: $$$ 100,000-250,000 Estimated Effort: 250+ Hours Planned Start Date: 10/1/18 Anticipated Completion Date: 9/30/20 Objective Summary: To ensure that the citizens of our community can have faith/trust that their government will continue to operate during times of crisis, staff resources need to be dedicated for this purpose. This includes providing the necessary initial and on-going training. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Contract/Hire Preparedeness Coordinator to oversee all operations pertaining to Emergency Preparedness of the City. II. Analyze the current City COOP plan and identify any gaps, changes, or updates needed for the successful implementation of the plan. III. Create an implementation plan for the revised COOP plan. IV. Create a training plan for necessary staff to ensure COOP plan is operational during a time of need. V. Successful operations for City occur for one day under COOP protocols. Vl. Review and update the COOP plan on a yearly basis. Performance Measure(s): List all Performance Measures to be Used. I. Implementation Pian for COOP is adopted. II. Necessary training is provided to identified staff by end of FY20. III. City functions are operational for a 24 hour period using COOP protocols. Status Updates: City of Meridian Strategic Plan • : 3.C.3. - Develop and implement technological and communications contingency plans and programs for continuity of City operations. • 1 • 3.C. - Ensure Flexibility, adaptability, and resiliency of government during times of crisis and recovery. Lead Department: Information Services Support Department(s): ® Community Development ❑ Finance ® Fire ❑ Information Services; External Support: ACCEM ❑ Human Resources ❑ Legal ® Mayor's Office Z Parks ❑ Police Z Public Works Estimated Cost to Complete Objective: $$$$ 50,000+ Priority: 2. Medium Estimated Cost to Implement Objective: $ 0-50,000 Estimated Effort: 100-250 Hours Planned Start Date: 10/1/17 Anticipated Completion Date: 9/30/18 Objective Summary: To ensure that the citizens of our community can have faith/trust that their government will continue to operate during times of crisis. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order 1. Contract/Hire Preparedeness Coordinator to analyze current COOP, possibly redo COOP and train/update COOP on a regular basis. II. Update IT Disaster Recovery & Continuity Plan. III. Analysis of department expectations of what resources they need. Do they have workarounds? IV. Prioritize what communications and technology needs to come back online first and in what order after an incident. V. Develop and implement an outward facing (to the public) communications plan to be used during outages/crisis. VI. Develop a vendor assistance plan to be used to attain additional resources during outages/crisis. VII. Provide input into Countywide emergency communications and continuity plans. Performance Measure(s): List all Performance Measures to be Used. Regular updates and successful testing/exercises of COOP plan. Regular updates and successful testing/exercises of IT Disaster Recovery Plan. Status Updates: City of Meridian Strategic Plan - Align resources, systems, and employees to meet strategic objectives and ities. @:&3.D-1. 3.1). - Improve operational efficiency and organizational excellence. Lead Department: Mayor's Office Support Department(s): ® Community Development ® Finance ® Fire N Information Services External Support: Human Resources Z Legal ❑ Mayor's Office Z Parks Z Police Z Public Works Estimated Cost to Complete Objective: $ 0-5,000 Priority: 1. High Estimated Cost to Implement Objective: $$$$ 250,000-500,000 Estimated Effort: 250+ Hours Planned Start Date: 1/1/16 Anticipated Completion Date: 12/31/20 Objective Summary: To property resource and implement the strategic plan as written. Tactics: List All Tactics Required to Complete This objective in Logical/Chronological Order I. Hire a dedicated employee to oversee strategic planning for City of Meridian. II. Conduct a gap anaysis to ensure resources exist to monitor and complete the current strategic pian objectives. III. Develop a plan to address gaps which inlcudes processes, policies, budget and an employee matrix to revising staff responsibilites as needed. IV. Implement plan. V. Evaluate implementation of plan to ensure resources, systems and employees are aligned to meet strategic objectives and priorities. Performance Measure(s): List all Performance Measures to be Used. I. Departments identify resource needs in time for FY17 budget. il. 70% of strategic objectives completed within anticipated completion date. Status Uodates: City of Meridian Strategic Flan r : 3.D.2. - Develop and deploy a City-wide performance measurement, monitoring, and reporting program. • r 3.D. - Improve operational efficiency and organizational excellence. Lead Department: Mayor's Office Support Department(s): ® Community Development ® Finance ® Fire ® Information Services External Support: Human Resources Legal ❑ Mayor's Office ® Parks ® Police ❑ Public Works Estimated Cost to Complete Objective: $$ 5,000-25,000 Priority: 1. High Estimated Cost to Implement Objective: $$ 50,000-100,000 Estimated Effort: 100-250 Hours Planned Start Date: 10/1/16 Anticipated Completion Date: 4/30/17 Objective Summary: To build a City-wide performance measurement, monitoring and reporting program (PM Program) that will collect and report data in alignment with the City Strategic Plan. This information will be utilized to track the intended outcomes and arm the management team with critical data to determine effectiveness, prevent issues, and identify areas of opportunity related to outcomes of city programs and operations. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Evaluate the current conditions and key issues regarding the City's current ability to create a PM program, including necessary staffing for successful program development and implementation. II. With staffing lead identified, create a Performance Management Plan with desired outcomes for a PM Program in alignment with the Strategic Plan, including goals and objectives, department key performance indicators, planned reporting system, and dashboard of identified city programs and operations. III. Create a Project Management plan and detailed project schedule, with identified budgetary and resource needs, including software solution to aid in program administration. IV. Createe a Deployment and Implementation Plan for the PM program including plans for change management, communications, training, and coaching. V. Establish an annual review for PM Programs processes and outcomes to evaluate effectiveness and efficiencies. Performance Measure(s): List all Performance Measures to be Used. I. Performance Management Plan is completed. II. Project Management Plan is created. III. Deployment and Implementation Plan is created. IV. PM Program is implimented with an annual review process put in place. Status Updates: Contingent upon person being hired in Objective 3.D.2. City of Meridian Strategic Plan • :M 3.D.3. — Develop and deploy a City-wide continuous improvement program. • 1 • 3.D. — Improve operational efficiency and organizational excellence. Lead Department: Mayor's Office External Support: Support Department(s): Z Community Development ® Finance Z Fire Z Information Services ® Human Resources Z Legal 0 Mayor's Office ®Parks ®Police ® Public Works Estimated Cost to Complete Objective: $$ 5,000-25,000 Priority: 1. High Estimated Cost to Implement Objective: $$ 50,000-100,000 1Estimated Effort: 100-250 Hours Planned Start Date: 10/1/17 Anticipated Completion Date: 9/30/19 Objective Summary: Develop and deploly a comprehensive continuous improvement program that mobilizes the workforce to proactively identify and remove waste utilizing continuous improvement tools and best practices. Create a process by which information gathered from the performance measurement, monitoring, and reporting program (3.D.2.) is analyzed in order to improve program efficiency, reduce costs, improve quality and resultin in overall excellence. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Research various continuous improvement institutions and professonial agencies experienced in providing continuous improvement guidance and support to municipalities. II. Upon recommendation, select a continuous improvement program that best supports and aligns with City Strategic Plan Objectives. III. Conduct analysis to determine staffing needs. Ideally, select a core team of continuous improvement professionals from within the City's departments, one from each. invest in the selected core team members through continuous improvement program training, change management training, performance management training, and provide them with the direction and expectations required to deploy and sustain a City-wide continuous improvement program. IV. Core team to socialize continuous improvement program with key stakholders and partners. V. Core team selects a pilot opportunity within the City to demonstrate the program's capabilities and outcomes. Share the results with Mayor, Council, and Directors. VI. Build a deployment guide for the program which includes milestones, schedules, and expected outcomes VII. Provide change management training to those identified as stakeholders, supporting resources, and others interested. VIII. Create a plan for data disaggregation from Performance Management Program to aid in identifying opportunities for program consideration. IX. Deploy the program City-wide with reporting expectations, review responsibilities, and a call to action. X. Monitor changes to determine overall effectivess of program and publicize a check and adjust frequency to evaluate usage. Performance Measure(s): List all Performance Measures to be Used. I. Continuous Improvement Program is established by anticipated completion date. il. Common language is utilized throughout the City to allow clear and transparent communications. III, Customer satisfaction of services provided is increased from 76% of exceeding expectations to 84% through improved quality and best practices in 2020 Citizen Survey, Status Updates: Contingent upon person being hired in 3.D.1. City of Meridian Strategic Plan I — Evaluate the need for centralized, professional administrative and operational sight for City functions. @:1 3.1). — Improve operational efficiency and organizational excellence. Lead Department: Mayor's Office Support Department(s): ❑ Community Development ❑ Finance ❑ Fire 0 Information Services External Support: ® Human Resources 7 Legal ❑ Mayor's Office ❑ Parks ❑ Police ❑ Public Works Estimated Cost to Complete Objective: $$ 5,000-25,000 Priority: 2. Medium Estimated Cost to Implement Objective: $ 0-50,000 Estimated Effort: 50-100 Hours Planned Start Date: 1/1/17 Anticipated Completion Date: 12/31/17 Obiective Summary: To determine if the City should have a Municipal Services Director/Strategic and Accountablity Director to assist the Office of the Mayor in the administrative and operational functions of the City and provide continuity of operations through City elections. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Examine the current needs and and future expectations of the Mayor for the City Departments, implementation of the strategic plan, and the community. II. Determine the existing level of oversight and support available to the Departments from the Office of the Mayor. III. Evaluate communities who operate as a strong Mayor/City Administrator form of government for any potential strategic and operational effeciencies and overall accountablility and organizational excellence. IV. Determine appropriate level of administrative and operational oversight, including span of control, for City functions which can be provided by an elected official. V. Determine appropriate level of administrative and operational oversight, including span of control, for City functions which can be provided by professional trained personnell. VI. Report findings to City Council on if a Municipal Services Director/Strategic and Accountablity Director would assist the Mayor by providing improved strategic operational efficiencies and oversight for City functions. Performance Measure(s): List all Performance Measures to be Used. I. Report is completed with a recommendation on future administrative operations. Status Updates: City of Meridian Strategic Plan • 3.E.1. - Establish clearly defined roles and responsibilities of City leadership up to and including Elected Officials. • + 3.E. - Enhance transparency and decision-making of City government. Lead Department: Mayor's Office Support Department(s): [] Community Development ❑ Finance ❑ Fire ❑ Information Services External Support: AIC/ICRMP ® Human Resources ® Legal ❑ Mayor's Office ❑ Parks ❑ Police ❑ Public Works Estimated Cost to Complete Objective: $ 0-5,000 Priority: 1. High Estimated Cost to Implement Objective: $ 0-50,000 Estimated Effort: 0-50 Hours Planned Start Date: 1/1/16 Anticipated Completion Date: 6/30/16 Obiective Summary: To ensure roles and responsibilities are understood for City leaders in order for clarity to exist in the decision making process. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Research state and city codes, policy manuals, and other sources to determine legal authority for specific actions pertaining to elected officials, commissions, and department directors and compile results. II. Compare existing City practices versus established rules and policies and note any discrepencies. III. Make any necessary adjustments as needed to existing practices or suggest changes to governing documents to create alignment. IV. Codify roles, responsibilites and expectations to that everyone is clear regarding the decision making process. V. Provide training of defined roles and responsibilities. VI. Review information every two years and provide to new members of the City leadership as necessary. Performance Measure(s): List all Performance Measures to be Used. I. City practices are in aligntment with. City Codes. II.. Information is created and easily accessible regarding roles and responsibilites for City leadership. III. Training occurs every two years. Status Updates: City of Meridian Strategic Plan • : . - Conduct a priorities of government exercise to identify community expectations Landdesired level of service. 1 3.E. - Enhance Transparency and decision-making of City government. Lead Department: Mayor's Office Support Department(s): E Community Development ❑ Finance ❑ Fire M Information Services; External Support: City Council, City Commissions, ❑ Human Resources ® Legal ❑ Mayor's Office Appropriate representatives of community interest ® Parks ® Police ❑ Public Works groups, Appropriate representatives from City Service Providers and identified partners Estimated Cost to Complete Objective: $$$$ 50,000+ Priority: 1. High Estimated Cost to Implement Objective: $$ 50,000-100,000 Estimated Effort: 250+ Hours Planned Start Date• 1/1/16 Anticipated Completion Dater 12/31/17 Objective Summary: To create synergy, predictability, and understanding between the community and City leadership related to city service levels and budget. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order Develop scope, schedule, resources and identify subject matter expert to conduct priority of government exercise. IL Create a communications plan. III. Provide priority of government training to identified city staff. IV. Inventory all city services, costs and existing level of service provided to the community. V. Define support government agencies and our role/influence related to provided services. VI. Create a public involvement and education plan. VII. Develop Level of Service expectations and create implementation plan for adopted levels. Performance Measure(s): List all Performance Measures to be Used. I. City Service Levels are established and adopted. II. Annual City budget aligns with established level of service. Ill. Overall quality of City services provided is increased from 76% per 2014 City Survey to 85% in 2020 City Survey. Status Updates: City of Meridian Strategic Plan . - Align community programs, City policies/ordinances, and staffing resources HLbased on community expectations and desired level of service. 3.E. - Enhance Transparency and decision-making of City government Lead Department: Mayor's Office Support Department(s): ® Community Development ® Finance ® Fire Z Information Services; External Support: N/A ® Human Resources Z Legal ❑ Mayor's Office Z Parks ❑ Police Z Public Works Estimated Cost to Complete Objective: $ 0-5,000 Priority: 1. High Estimated Cost to Implement Objective: $ 0-50,000 Estimated Effort: 100-250 Hours Planned Start Date: 1/1/18 Anticipated Completion Date: 12/31/18 Objective Summary: To understand the community expectations and ensure an alignment exists with City programs, policies, and staffing resource needs. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Interpret the Level of Service results as they pertain to community expectations. II. Review existing programs, policies, ordinances, and staffing resources. III. Conduct a gap analysis of programs, policies, ordinances and staffing resources to community expectations. IV. Develop an implementation plan to address identified gaps. V. Present plan to City Council. Performance Measure(s): List all Performance Measures to be Used. Implementation plan approved by City Council. Status Updates: 3.E.2. needs to be completed first. City of Meridian Strategic Plan . - Institute a priority -based budget system to meet adopted level of service @&expectations. 3.E. - Enhance transparency and decision-making of City government. Lead Department: Finance Support Department(s): 2 Community Development Q Finance E Fire Information Services External Support: Citizen group/commissions Human Resources ® Legal E Mayor's Office Parks [] Police ® Public Works Estimated Cost to Complete Objective: $$$$ 50,000+ Priority: 1. High Estimated Cost to Implement Objective: $$$ 100,000-250,000 Estimated Effort: 250+ Hours Planned Start Date: 9/1/17 Anticipated Completion Date: 9/30/18 Obiective Summary: To use the budget process to allocate resources in alignment with adopted level of service expectations. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Identify resources needed to implement a priority based budget system including staff time, resources and cost of implementation. II. Provide education to and support from elected officials, Department Directors, and key staff regarding priority -based budgeting. III. Determine that City has indentified priorities and establised desired service levels. IV. Find and purchase software tool that will facilitate reporting needed for a piority based budget process. V. Map out the steps to bring the process up City-wide. VI. Provide cost information to all existing department programs and services . VII. Utilize information for creation of FY20 budget. Performance Measure(s): List all Performance Measures to be Used. I. Implementation of priroty-based budget process by FY20. II. Consistent annual measurement of results is available for alll City stakeholders. Status Updates: City of Meridian Strategic Plan • :V 3.E.5. - Evaluate the Benefits of Districting Council Seats • • 3.E. - Responsive Government Lead Department: Legal Support Department(s): ❑ Community Development ❑ Finance ❑ Fire ❑ Information Services External Support: Citizen Task Force - (HOA's, Faith ❑ Human Resources ❑ Legal ® Mayor's Office Community, MYAC, Chamber, MSAB, Volunteer ❑ Parks ❑ Police ❑ Public Works Stakeholder), Consultant Estimated Cost to Complete Objective: $$ 5,000-25,000 Priority: 3. Low Estimated Cost to Implement Objective: $ 0-50,000 Estimated Effort: 50-100 Hours Planned Start Date: 1/1/17 Anticipated Completion Date: 6/30/17 Objective Summary: To provide City Council with a comprehensive analysis and recommendation of citizen desire, legal implication, political ramifications, and economic factors in creating Council Districts. Tactics: List All Tactics Required to Complete This Objective in logical/Chronological Order I. Create focus croups- City Lead/Support. II. Prepare White Paper analysis of economic, political, and legal implications for Focus Group discussions. III. Citizen Engagement - Public Input and Focus Groups Meetings. IV. Prepare recommendation for City Council. Performance Measure(s): List all Performance Measures to be Used. I. A comprehensive analysis is prepared with robust citizen engagement. IL A recommendation is presented to City Council Status Updates: City of Meridian Strategic Plan • : 2.A.1. - Identify, develop, and utilize the tools needed for successful attraction and retention of jobs. y s 2.A. - Influence the location and retention of family -wage jobs in close proximity to where people live. Lead Department: Community Development Support Department(s): ❑ Community Development ❑ Finance ❑ Fire ❑ Information Services; External Support: Identify those Outside the City ❑ Human Resources ❑ Legal ❑ Mayor's Office Required to Advance the Objective ❑ Parks ❑ Police ❑ Public Works Estimated Cost to Complete Objective: $ 0-5,000 Priority: 1. High Estimated Cost to Implement Objective: $ 0-50,000 Estimated Effort: 50-100 Hours Planned Start Date: 1/1/16 Anticipated Completion Date: 12/31/16 Objective Summary: To insure that Meridian has the necessary resources needed to support business attraction, expansion and creation. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Identify existing, potential or desired tools in Idaho not currently being implemented in Meridian. II. Develop a plan for the utilization of any new economic development tools and present to City Council. III. Institute a Tax Reimbursement Incentive Community Match Closing Fund with establised guidelines for City contribution. IV. Establish an Economic Development Special Urban Renewal District. V. Create an interactive Website with a Searchable Data -base of Opportunity Sites for business attraction. VI. Implement a Relationship Management Software (i.e. EcopevTracker) for business retention that will also track business data. Performance Measurejs): List all Performance Measures to be Used. I. Economic Development Tool Plan created. II. Maintain an Annual Increase in Meridian Residents Income - Goal of the TRI. III. Implement the Special Urban Renewal District. IV. Launch Opp Sites for Business Attraction. V. Launch new software for Business Retention. Status Updates: City of Meridian Strategic Plan . - Develop and maintain the broad spectrum of partnerships needed to cultivate businesses and jobs. 2.A. - Influence the location and retention of family -wage jobs in close ll6diverse proximity to where people live. Lead Department: Community Development Support Department(s): ❑ Community Development ❑ Finance ❑ Fire ❑ information Services; External Support: Meridian Chamber of Commerce, ❑ Human Resources [:]Legal ® Mayor's Office Meridian Development Corporation, Meridian ❑ Parks ❑ Police [ Public Works Downtown Business Association, Department of Labor, stakeholders in development community Estimated Cost to Complete Objective: $ 0-5,000 Priority: 2. Medium Estimated Cost to Implement Objective: $ 0-50,000 Estimated Effort: 0-50 Hours Planned Start Date: 1/1/18 Anticipated Completion Date: 12/31/20 Objective Summary_: To increase and diversify Meridian's employment base hrough strategic outreach, communication, partnerishops, and strong community connections. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Convene a local stakeholders committee to identify targeted businesses and jobs needed to diversify employment base. II. Develop a plan to guide efforts of stakeholder committee. Ili. Continue to Strengthen relationships with commercial brokers, real estate developers and property owners for clear communication, active partnerships and ensure business opportunities exist. Performance Measure(s): List all Performance Measures to be Used. I. Businesses and jobs to diversify economy identified. II. Stakeholder Committee Plan created. III. 1001 of identified leads approached within 3 years of being identified. Status Updates: City of Meridian Strategic Plan • : 2.A.3. - Promote job growth by identifying and attracting businesses in technology, health sciences, animal science and food production. • a ► Z.A. - Influence the location and retention of family -wage jobs in close proximity to where people live. Lead Department: Community Development Support Department(s): ❑ Community Development ❑ Finance ❑ Fire ❑ Information Services; External Support: Engage property owners, brokers []Human Resources ®Legal ❑ Mayor's Office & developers ❑ Parks ❑ Police ❑ Public Works Estimated Cost to Complete Objective: $ 0-5,000 Priority: 1. High Estimated Cost to Implement Objective: $ 0-50,000 Estimated Effort: 100-250 Hours Planned Start Date: 1/1/15 Anticipated Completion Date: 12/31/20 Obiective Summary: To create family wage jobs and a stronger economy efforts need to be made to target specific growth industries in existing industry clusters such as the CORE and planned Field Innovation District. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Identify available sites for targeted industries based on resources, services, location and infrastructure. II. Implement focused marketing by developing marketing brochure for the opportunity sites in each targeted industry that can be used by brokers that will include laborforce information, industry organizations and customized training programs. III. Develop a program for'certified sites' that meet building requirements in each targeted industry but also promotes industry clustering. Iv. Keep an updated inventory of parcels particular to each industry. V. Develop a list of potential incentives to attract industry to certain areas. Performance Measure(s): List all Performance Measures to be Used. L Completion of new marketing material. II. Certified sites maintained through Opp Sites program. III. Maintain annual growth in each industry through labor data. IV. Develop a list of potential incentives Status Updates: City of Meridian Strategic Plan OBJECTIVE 2.A.4. -Create a variety of housing options, open spaces, and amenitites in order to provide living choices for a diverse workforce. STRATEGICGOAL2.A. -influence the location and retention of family -wage jobs inclose proximity to where people live. Lead Department: Community Development Support Departments): ❑ Community Development ❑ Finance ❑ Fire ❑ Information Services; External Support: Developers/Builders, WARD []Human Resources ®Legal ❑ Mayor's Office E]Parks ❑ Police ❑ Public Works Estimated Cost to Complete Objective, $ 0-5,000 Priority: 2. Medium Estimated Cost to Implement Objective: $ 0-50,000 Estimated Effort: 50-100 Hours Planned Start Date: 1/1/17 Anticipated Completion Date: 12/31/18 Objective Summary: For long-term health of the community, housing options should be available to nearby jobs and other attractors. A healthy community is often walkable, has a variety of uses, and has transportation options that connect uses; the City's plans must represent these principles. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Evaluate existing plans, studies and policies relative to housing diversity as well as connectivity and amenity requirements/allowances (eg - Comp Plan, Con Plan, UDC, Parks Master Pian, etc.) II. Perform focus groups to understand communities' needs, wants, concerns and wishes for housing options, open spaces, and amenities and its impact on attracting a diverse workforce. Ili. Develop a list of potential incentives that will attract development to build any identified or preferred housing and amenity options, particularly near business and other atractors and job centers. IV. Consider use of incentives such as tax credits and fast -tracking permits for projects that provide "variety" in targeted areas. V. Amend City codes, plans and policies to allow/incentivize for implementation of diverse housing options. VI. Market incentives to development community. Performance Measures List all Performance Measures to be Used. I. List of preferred amenities, housing options or open space needs to be incentivized. II. City's policies expressly allow and encourage diversity in housing, open space and amenity choice. Ill. The City realizes more diversity in housing stock, as well as open space and amenity choices that attract various demographics. Status Updates: City of Meridian Strategic Plan romote opportunities for and access to entry level and advanced education for industries. 2.B. - Partner with others to develop a qualified workforce that meets the 06n,eEeds of targeted industries. Lead Department: Community Development Support Department(s): ❑ Community Development ❑ Finance ❑ Fire ❑ Information Services; External Support: Educational Stakeholders []Human Resources [:]Legal ® Mayor's Office including local school district, colleges and ❑ Parks ❑ Police ❑ Public Works universities & Idaho Department of Labor Estimated Cost to Complete Objective: $ 0-5,000 Priority: 3. Low Estimated Cost to Implement Objective: $ 0-50,000 Estimated Effort: 50-100 Hours Planned Start Date: 1/1/18 Anticipated Completion Date: 12/31/18 Obiective Summary: Build a community that creates a pipeline of talent to support targeted economic development strategies and industries. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. In partnership with the Idaho Department of Labor, local school district, regional colleges and universities, create a portfolio of educational programs focused on skills in identified targeted industries. 11. Develop a plan to promote connecting and engaging students with potential employers in targeted industries including career days and fostering interships. 111. Collaborate with workforce development training resources to promote programs to residents and students. IV. Promote programs geared towards education to employment initiatives. Performance Measure(s): List all Performance Measures to be Used. I. Portfolio of educational programs created. 11. Student engagment plan is created. III. Promote and partner with local educational programs and technical skills programs on an on-going basis Status Updates: City of Meridian Strategic Plan • : 2.13.2 Promote cultural and workforce diversity. • # • 2.8 Partner with others to develop a qualified workforce that meets the needs of targeted industries. Lead Department: Community Development Support Department(s): ❑ Community Development ❑ Finance ❑ Fire ❑ Information Services; External Support: Boise Valley Economic ❑ Human Resources ❑ Legal ® Mayor's Office Partnership (BVEP); Greater Boise Chamber of ❑ Parks ❑ Police ❑ Public Works Commerce; Department of Labor; Department of Commerce; Meridian Chamber of Commere; College of Western Idaho; West Ada School District Estimated Cost to Complete Objective: $ 0-5,000 Priority: 3. Lova Estimated Cost to Implement Objective: $ 0-50,040 Estimated Effort: 100-250 Hours Planned Start Date: 1/1/16 Anticipated Completion Date: 12/31/18 Objective Summary: In order for Meridian to be attractive to a variety of businesses, diversity and diversity awareness need to be part of or community's competitive advantage as a place to do business. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Actively support BVEP's "B -Diverse" intitiative by joining and helping to create a consortium to develop and implement the initiative. II. Plan, develop and schedule a specific diversity awareness course offering for the BEST training program. Ili. Continue to integrate diversity awareness into other BEST courses, including Respectful Workplace. IV. Promote diversity awareness in the community by holding a diversity celebration in Meridian and supporting similar events elsewhere in the Treasure Valley, V. In partnership with the Meridian Chamber, challenge the Meridian business community to award diversity scholarships to Idaho universities. VI. In partnership with the Meridian Chamber, encourage Meridian businesses to develop diversity statements. VII. Work with partners to plan and co -host the Intermountain B -Diverse Leadership Summit. Performance Measure(s): List all Performance Measures to be Used. Implement diversity -specific BEST training. IL Participate in a celebration of diversity event in Meridian. III. 30% of Meridian Chamber of Commerce burinesses develop diversity statements by 2018. Status Updates: City of Meridian Strategic Plan • : 2.C.1. - Identify targets and gaps in available goods and services. M== 2.C. - Promote a diverse and sustainable economy. Lead Department: Community Development External Support: Idaho Department of Labor Support Department(s): ❑ Community Development ❑ Finance ❑ Fire ❑ Information Services; ❑ Human Resources ❑ Legal [] Mayor's Office ❑ Parks ❑ Police ❑ Public Works Estimated Cost to Complete Objective: $ 0-5,000 Priority: 2. Medium Estimated Cost to Implement Objective: $ 0-50,000 Estimated Effort: 50-100 Hours Planned Start Date: 1/1/18 Anticipated Completion Date: 12/31/18 Objective Summary: In order to know your strenght and weaknesses in various economic development opportunities it is necessary to understanding your assets and identify and gaps in goods and services available in the community. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Perform an anylsis of available goods and services in the community to identify gaps causing consumers to leave Meridian. II. Create list and plan to target business which will fill identified gaps in good and services and encourage them to locate to Meridian, leveragine Meridian's relationship with local business. III. Identify businesses, industries and institutions currently well suited in Meridian to help fill any gaps in goods and services. IV. Plan business retention visits around these businesses aimed at discussing the outlook for the industry and ability to fill identified gaps in goods and services. Performance Measure(s): List all Performance Measures to be Used. L Goods and Services analysis created. II. Businesses are identified and approached to provide needed goods and services to community. III. 1 new good or service brought to Meridian each year. Status Updates: City of Meridian Strategic Flan Im2.C.2. -'promote identified special business districts • ► 2.C. - Promote a diverse and sustainable economy. Lead Department: Community Development Support Department(s): ❑ Community Development ❑ Finance [] Fire ❑ Information Services; External Support: Meridian Development ❑ Human Resources ❑ Legal Z Mayor's Office Corporation; The CORE; Meridian Steering ❑ Parks ❑ Police ❑ Public Works Committee Estimated Cost to Complete Objective: $ 0-5,000 Priority: 2. Medium Estimated Cost to Implement Objective: $ 0-50,000 Estimated Effort: 0-50 Hours Planned Start Date: 1/1/18 Anticipated Completion Date: 12/31/18 Obiective Summary: In order to grow and diversify the economy, resources should be deployed to promote the assets of the business community in order to complimentary businesses. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Identify special business districts in Meridian and align with targeted industries. II. Consider incentives available to companies willing to move into special business districts III. Create unified development plan to meet goals and identified needs in special business districts. IV. Promote unified development plan in partnership with local agencies in business district such as BVEP, Meridian Development Corporation, The CORE and Meridian Steering Committee. Performance Measure(s): List all Performance Measures to be Used. I. Identify special business districts. II. Unified Development Plan created. Ill. Increased occupancy rates in the special business districts identified area. Status Updates: City of Meridian Strategic Plan • :2.C.3 Pursue 'Key Catalyst Projects HOEM= 2.0 Promote a Diverse and Sustainable Economy Lead Department: Community Development External Support: Meridian Chamber of Commerce; Meridian Development Corporation Support Department(s): ❑ Community Development E Finance ❑ Fire ❑ Information Services; ❑ Human Resources ❑ Legal ® Mayor's Office ❑ Parks ❑ Police ❑ Public Works Estimated Cost to Complete Objective: $$$$ 50,000+ Priority: 1. High Estimated Cost to Implement Objective: $$$$$ 500,000+ Estimated Effort: 250+ Hours Planned Start Date: 1/1/16 Anticipated Completion Date: 12/31/20 Objective Summary: There is an identified need for a hotel, conference center and performing arts venue in downtown Meridian. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Continue developer recruitment efforts for a hotel/conference center. II. Actively support the efforts of the Meridian Arts Foundation and other community partners to fund and develop a downtown performing arts center. III. Pursue the creation of a Meridian Auditorium District. IV. Post available downtown properties on OppSites or similar online service. V. Create a full package of incentives for developers of catalyst projects, including permit fee reduction and fast-track permiting program. VI. Actively identify and support development projects that complement the catalyst projects. Performance Measure(s): List all Performance Measures to be Used. Implementation of one or more catalyst projects. Status Updates: City of Meridian Strategic Plan - Reinvigorate the Destination Downtown Plan by gaining broad, strong support positioning the plan for implementation. 1.A. - Facilitate the development and growth of Meridian's downtown ELand. culminating in a strong and diverse community core. Lead Department: Community Development Support Department(s): ❑ Community Development ❑ Finance ❑ Fire [❑ Information Services; External Support: Meridian Development ❑ Human Resources ❑ Legal ® Mayor's Office Corporation ❑ Parks ❑ Police ❑ Public Works Estimated Cost to Complete Objective: $ 0-5,000 Priority: 1. High Estimated Cost to Implement Objective: $ 0-50,000 Estimated Effort: 0-50 Hours Planned Start Date: 1/1/16 Anticipated Completion Date: 12/31/16 Objective Summary: The Destination Downtown plan is the guiding document that shapes City code, policy, and expenditures within the Urban Renewal Area. Adhereing to and supporting the plan is necessary for maximizing synergies and for realizing the greatest return from efforts. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Engage City Council and the Meridian Development Corporation in consensus -building around the need to reaffirm efforts and to focus and prioritize new and re -development in downtown Meridian. II. Actively share information about downtown redevelopment opportunities with the development community, and ensure outreach activities reaffirm City support, involvement, and policy. III. Explore opportunities to engage local residents and stakeholders by making efforts and improvements relevant to them. IV. Make policy changes that promote growth within the Urban Renewal Area, and that promote density, cultural opportunities, access to alterantive or active transportation, and that energize and strengthen the heart of the community. V. Identify incentive options to encourage redevelopment and new businesses within the context of the Destination Downtown Plan. Performance Measure(s): List all Performance Measures to be Used. I. Destination Downtwon is the guiding document for discussions and improvements related to the redevelopment of Downtown Meridian. Status Updates: City of Meridian Strategic Plan a : 1.A.2. - Evaluate and, if appropriate, expand the Urban Renewal District • 1.A. - Faciliate the development and growth of Meridian's downtown, culminating in a strong and diverse community core. Lead Department: Community Development Support Department(s): ❑ Community Development ® Finance ❑ Fire ❑ Information Services; External Support: Meridian Development ❑ Human Resources ® Legal Z Mayor's Office Corporation; key stakeholders and property owners ❑ Parks [ Police ❑ Public Works Estimated Cost to Complete Objective: $$$ 25,000-50,000 Priority: 1. High Estimated Cost to Implement Objective: $ 0-50,000 Estimated Effort: 0-50 Hours Planned Start Date: 1/1/16 Anticipated Completion Date: 6/30/16 Obiective Summary: Meridian needs to ensure that we have maximized Urban Renewal as a key tool for economic development to recruit employers, incentivize development that conforms to our growth goals, and help provide needed infrastructure. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Engage City Council and the Meridian Development Corporation (MDC)in consensus -building around the need to maximize urban renewal as an economic development tool. 11. Write a project scope to investigate the expansion of urban renewal beyond the downtown. III. Hire a consultant to prepare an Eligibility Report for a new district. N. Engage key property owners in the creation of district boundaries and the use of tax increment financing. V. Update and seek direction from the City Council and MDC on the impacts of expanding or creating a new district. V1. If warranted, take the necessary steps to create the new district or districts. Performance Measure(s): List all Performance Measures to be Used. I. Eligibility Report is created and presented to City Council and MDC. II. Urban Renewal District is expanded/formed. Status Updates- City of Meridian Strategic Pian • : 1.A.3. - Reform the Meridian Development Corporation to maximize its use in developing downtown. 1.A. - Facilitate the development and growth of Meridian's downtown culminating in a strong and diverse community core. Lead Department: Mayor's Office Support Department(s): ® Community Development Z Finance ❑ Fire ❑ Information Services; External Support: Meridian Development ❑ Human Resources ® Legal ❑ Mayor's Office Corporation © Parks ❑ Police ❑ Public Works Estimated Cost to Complete Objective: $ 0-5,000 Priority: 1. High Estimated Cost to Implement Objective: $ 0-50,000 Estimated Effort: 50-100 Hours Planned Start Date: 1/1/16 Anticipated Completion Date: 12/31/2016 Obiective Summary: To ensure a financially viable urban renewal agency exists with a plan to fund downtown catalyst projects with partnerships and tax increment financing. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Determine the existing financial obligations and budgetary practices of Urban Renewal Agency (URA). II. Review best cost option for operations of agency to maximize funding for downtown development projects. III. Evaluate and make recommendation regarding options for URA board membership. IV. Review strategic focus to maximize return on investments to facilitate downtown redevelopment. V. Identify any proposed changes to URA regarding board structure, operations and strategic focus and make recommendation to City Council. VI. Work with URA to implement any proposed changes Performance Measure(s): List all Performance Measures to be Used. I. Changes to the URA are implemented which will have an ROI of 20% to the agency. Status Updates: City of Meridian Strategic Plan • : 1.B.1 -Define and articuite the City's growth goals. • • 1.13. - Create a growth management system to foster the growth goals of the City in alignment with the Comprehensive Plan. Lead Department: Community Development Support Department(s): ❑ Community Development ❑ Finance ® Fire ❑ Information Services; External Support: Meridian Development ❑ Human Resources ❑ Legal ❑ Mayor's Office Corporation; key developers, stakeholders and Z Parks ® Police ® Public Works property owners Estimated Cost to Complete Objective: $$$ 25,000-50,000 Priority: 2. Medium Estimated Cost to Implement Objective: $ 0-50,000 Estimated Effort: 250+ Hours Planned Start Date: 10/1/17 Anticipated Completion Date: 9/30/18 Objective Summary: In order to have a unified vision for what the city looks like in 10, 25 and 50 years, there are many visions, plans and approaches that need to be brought into alignmen which will clearly articulate the City's growth goals. This process will alllow for a plan to be created explaining and attacking the type and location of growth needs to be implemented. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Write a scope of work and hire a consultant to help synthesize and "market" growth goals (include 1.13.2 tactics in scope). II. Inventory existing plans, studies and policies relative to growth goals (eg - Comp Plan, CIP's, etc.). III. Undertake SWOT and market analysis and evaluate plans/policies for consistency and feasibility. IV. Compile draft growth goals for short-, mid- and long-term. V. Engage City Council, the Meridian Development Corporation, the development community, property owners and other stakeholders to further refine City's draft growth goals. VI. Develop a plan to publicize the City's final growth goals to appropriate groups. Performance Measure(s): List all Performance Measures to be Used. I. City of Meridian market growth gorals are identified. II. Existing City growth related plans are evaluated for overall consistency feasabiliity III. Council adoption of a growth goals document and implementation plan. IV. Existing City plans updated/modified as necessary to refelect City growth goals. Status Updates: City of Meridian Strategic Plan • : 1.B.2. - Identify priority growth areas and incentivize growth and development. • i • 1.B. - Create a growth management system to foster the growth goals of the City in alignment with the Comprehensive Plan. Lead Department: Community Development Support Department(s): ❑ Community Development ® Finance ❑ Fire ❑ Information Services; External Support: Meridian Development ❑ Human Resources ❑ Legal ® Mayor's Office Corporation; key developers, stakeholders and Parks ❑ Police E Public Works property owners Estimated Cost to Complete Objective: $$$ 25,000-50,000 Priority: 2. Medium Estimated Cost to Implement Objective: $ 0-50,000 Estimated Effort: 100-250 Hours Planned Start Date: 10/1/1$ Anticipated Completion Date: 9/30/19 Obiective Summary: In order grow efficiently anc cost effectively to our growth goals, areas of the city where growth is desired should be identified and incentivized. Conversely, areas where growth is discouraged or not desired should be identified. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order 1. Write a scope of work and hire a consultant to help identify priority gorwth areas and any needed incentives (with Objective 1.13.1). II. Using existing plans, studies and policies relative to growth goals leg - Comp Plan, CIP's, etc.) identify priority areas to direct growth and priority areas to protect open space, parks and farmland. III. Solicit and understand communities' needs, wants and wishes for defining both growth areas. IV. Develop and evaluate a list of potential incentives that will attract development in targeted areas. V. Develop and evaluate a list of potential disincentives for growth proposed in non-priority areas. VI. Consult with other service providers including but not limited to: School District, ACHD, ITD, Idaho Power and Intermountain Gas to understand their priorities and potential issues. VII. Consider triggers and/or a hierarchy when identifying priority areas. VIII. Create plan for City Council consideration to incentivize growth and development in priority areas. IX. Amend City codes, plans and policies as directed by City Council to allow for implementation of identified growth areas and protection of identified conservation areas. X. Market incentives to development community. Performance Measure(s): List all Performance Measures to be Used. I. Identify prioirty growth areas of the City. II. Develop list of potential incentives for development in targeted areas. III. Council consideration of identified growth areas - codes, plans and policies enabled. Status Updates: Need Obejective 1.13.1. to be complete before execution. City of Meridian Strategic Plan .3.3. - Cplete rezoning in targeted growth areas to direct types of development in the City's growth goals. • 3. - Create a growth management system to foster the growth goals of the ilalignmenEtwith y in alignment with the Comprehensive Plan. Lead Department: Community Development Support Department(s): ❑ Community Development ❑ Finance ❑ Fire ❑ Information Services; External Support: Developers and property owners ❑ Human Resources M Legal ❑ Mayor's Office ❑ Parks ❑ Police ❑ Public Works Estimated Cost to Complete Objective: $$ 5,000-25,000 Priority: 2. Medium Estimated Cost to Implement Objective: $ 0-50,000 Estimated Effort: 100-250 Hours Planned Start Date: 10/1/19 Anticipated Completion Date: 9/30/20 Obiective Summary: To entitle properties so the right type of development in targeted areas can proceed as desired. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Use the information and outcomes of Objective 1.13.2 to identify ares of the City where rezoning is needed. ll. Ensure compliance of any proposed changes with all State and local codes. III. Create a plan to implement the desired rezoning of property leg - staff time, land owner meetings, legal descriptions and posting). IV. Present plan to City Council for consideration. Performance Measure(s): List all Performance Measures to be Used. List of targeted properties to be rezone approved by Council. Rezoning ordinances allow properteis in growth areas to develop or re -develop consistent with goals. Status Updates:.. Need Objective 1.13.2. to be complete before execution. City of Meridian Strategic Flan • : 1.8.4. - Promote & guide desired growth with investments in infrastructure and services ahead of growth. • , • 1.8. - Create a growth management system to foster the growth goals of the City in alignment with the Comprehensive Plan. Lead Department: Public Works Support Department(s): ® Community Development ❑ Finance ® Fire ❑ Information Services External Support: ITD, ACHD, Irrigation Districts, ❑ Human Resources ❑ Legal ❑ Mayor's Office DECI, IDWR, Army Corp of Engineers, ID Power, E Parks ® Police ® Public Works Inter Mtn Gas, United Water, School District,Williams Pipeline Estimated Cost to Complete Objective: $$ 5,000-25,000 Priority: 2. Medium Estimated Cost to Implement Objective: $$$$$ 500,000+ Estimated Effort: 250+ Hours Planned Start Date: 10/1/18 Anticipated Completion Date: 9/30/19 Oblective Summary: To guide the investments in infrastructure and services ahead of, concurrent with, and upon completion necerssary to support the City's defined growth goals. All the while, enhancing communication, coordination, and collaboration amongst key stakeholders, partners, and residents of the City of Meridian. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Utilize tactics and information outlined in Objective 1.13.1. to guide the efforts required to support the defined and articulated growth goals of the City. II. Utilize tactics and information outlined in Objective 1.13.2. to develop scenarios which support investment in infrastructure and required services ahead of growth. III. Upon review of defined Objectives 1.13.1. and 1.6.2., review and updates as needed Public Works documents including, Sewer Master Plan, Water Master Plan, Reclaimed Water Master Plan, South Meridian Plan, Conservation Plan, Surface Water Protection Plan, and other related plans not listed for alignment and feasibility. IV. Establish integrated planning procedures to optimize investments. Consult with external experts, partners, and neighboring municipalities as needed. V. Develop capital spending scenarios across multiple assets if/when possible. Analyze financial viability and likely ROI of investments in infrastructure and required services ahead of growth. VI. Develop a risk -centric methodology to optimize infrastructure investment decision-making at the enterprise level. Prioritize projects and include costing scenarios for the Mayor, Council, and Public's review and direction on the preferred investments in infrastructure and required services ahead of growth. VII. Include preferred scenario(s) in the City's 5 and/or 10 -year CIP and annual FY budgeting processes as applicable Performance Measure(s): List all Performance Measures to be Used. Timeline for Objective completion ROI calculation to determine if the number of water and sewer assessments generated revenue within 10 - years to cover the costs associated with providing infrastructure ahead of growth. III. Impacts to Police and Fire response times due to the infrastructure investment ahead of growth Status Updates: - This Objective is dependent upon other Objective definitions prior to finalizing and executing. Specifically, 1.13.1. and 1.B.2. must be defined and accepted prior to expending resources on 1.6.4. - Additionally, the costing scenarios can be developed, but the funding sources and the revenue generation options will come in 1.B.5. With that, 1.6.5. is dependent upon 1.B.4. - Please consider adding the following language to the Objective title: (1.13.4. - Promote & guide desired growth with investments in infrastructure and services ahead of, concurrent with, and upon completion of growth.) City of Meridian Strategic Plan • : 1.8.5. - Develop and implement a sustainable growth management system that includes the Fiscal Impact Model to inform service levels, staffing, and General/Enterprise Fund impacts. • + • + 1.8. - Create a growth management system to foster the growth goals of the City in alignment with the Comprehensive Plan. Lead Department: Finance Support Department(s): ® Community Development ® Finance ❑ Fire ® Information Services External Support: Ada County ❑ Human Resources ❑ Legal ❑ Mayor's Office ❑ Parks ❑ Police ❑ Public Works Estimated Cost to Complete Objective: $$ 5,000-25,000 Priority: 1. High Estimated Cost to Implement Objective: $$ 50,000-100,000 Estimated Effort: 250+ Hours Planned Start Date: 11/1/16 Anticipated Completion Date: 11/30/17 Obiective Summary: To illustrate the expected revenue and cost impact to the City, and other local governments, associated with various types of commercial and residential development. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Determine resources needed to develop, implement, and maintain a cost/revenue plan for all City approved new development projects. Il. Map steps to create , implement, and maintain tool. III. Receive buy -in from Mayor and Community Development that tool will used. IV. Ensure desired department service levels have been established. V. Implement tool on pilot basis to validate inputs and results. VI. Present tool to Council for "Buy -in". VII. Fully intergrate tool into devlopment process. VIII. Establish on-going validity checks for predictions versus actual results, re-evaluating/adjusting service levels, and annual budget impact. Performance Measure(s): List all Performance Measures to be Used. I. Growth Management System is adopted. II. Fiscal impact statement is included in relevant development packet. Ill. Periodic sampling indicates that predicted results are plus or minus 20% Status Updates: City of Meridian Strategic Plan odify Established Area of City Impact boundaries. 1.C. - Preserve and protect land use and zoning plans to promote certainty 11bilmpact. and predictability for futre development within the adopted Area of City Lead Department: Community Development Support Department(s): ❑ Community Development ❑ Finance ❑ Fire ❑ Information Services; External Support: Property owners, Ada County, ❑ Human Resources ® Legal ® Mayor's Office Kuna, Nampa ❑ Parks ❑ Police ❑ Public Works Estimated Cost to Complete Objective: $$ 5,000-25,000 Priority: 1. High I Estimated Cost to Implement Objective: $ 0-50,000 Estimated Effort: 100-250 Hours Planned Start Date: 1/1/16 Anticipated Completion Date: 9 30 18 P p / / I Objective Summary: In order for infrastructure and services planning to proceed with certainty, the ultimate city limits need to be identified and preserved so that services may be extended. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order Evaluate and recommend changes to State Code to strengthen AOCI boundaries. Establish task force to evaluate feasibility of maintaining current AOCI, and potential modifications. Take into consideration other city's limits, service boundaries, and City's growth goals in Initiative 1.13.2. III. Discuss possible AOCI amendments with City Council, Kuna, Nampa and Ada County. Performance Measure(s): List all Performance Measures to be Used. L Legislation is drafted to reflect City's desires to have meaningful AOCI boundary. Il. Any proposed AOCI boundary changes presented to Ada County BOCC and City Council by 10/1/18. III. City plans, codes and ordinances upated to reflect any modifications to the AOCI. Status Updates: City of Meridian Strategic Plan lign land use plan with the City's growth goals. 1.C. - Preserve and protect land use and zoning plans to promote certainty 111wimpact. and predictability for futre development within the adopted Area of City Lead Department: Community Development Support Department(s): ❑ Community Development ❑ Finance ❑ Fire ❑ Information Services; External Support: Property owners, developers, ❑ Human Resources ® Legal ❑ Mayor's Office stakeholders/community ❑ Parks ❑ Police ❑ Public Works Estimated Cost to Complete Objective: $$ 5,000-25,000 Priority: 2. Medium Estimated Cost to Implement Objective: $ 0-50,000 Estimated Effort: 100-250 Hours Planned Start Date: 10/1/18 Anticipated Completion Date: 9/30/19 Objective Summary: To entitle properties so that development can occur within the adopted Area of City Impact with certainty and predicability. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Analyze changes needed to future land use map to be consistent with growth goals in Objectsive 1.B.1. II. Ensure compliance of any proposed changes with all State and local codes. Ill. Create a plan to implement the desired rezoning of property (eg - staff time, land owner meetings, legal descriptions and posting). IV. Evaluate service and fiscal impact of potential changes to land use plan. V. Present plan to City Council for consideration. Performance Measure(s): List all Performance Measures to be used. Future Land Use Map changes approved by City Council. Status U pdates: Need Objective 1.B.1 to be complete before execution. City of Meridian Strategic Plan • : 1.C.3 - Identify and preserve land(s) for interactive, educational, agricultural -based destination(s). • + 1.C. Preserve and protect land use and zoning plans to promote certainty and predictability for future development within the adopted Area of City Impact. Lead Department: Community Development Support Department(s): ❑ Community Development ❑ Finance ❑ Fire ❑ Information Services; External Support: Other levels of government and ❑ Human Resources Z Legal ❑ Mayor's Office other agencies; selected stakeholders and partners ❑ Parks ❑ Police ❑ Public Works Estimated Cost to Complete Objective: $$$$ 50,000+ Priority: 2. Medium Estimated Cost to Implement Objective: $$$$$ 500,000+ Estimated Effort: 100-250 Hours Planned Start Date: 1/1/2017 Anticipated Completion Date: 12/31/2018 Obiective Summary: To preserve for future Meridian generations our communities connection to its agricultural roots and future agricultural based businesses. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order I. Identify specific agriculture lands for agricultural preservation and catalyst projects and prioritize target areas. II. Determine the feasibility of agricultural preservation and the catalyst projects included in the Fields District final report. III. Engage informally with key stakeholders to gauge level of interest and refine program concept. IV. Identify funding mechanisms for preservation and catalyst projects. V. Evaluate and modify, if necessary, existing regulatory tools (land use & zoning, specific area plans, etc.) to create agricultural preservation areas and catalyst projects. VI. Create implementation plan which includes funding structure and administration to oversee future lands are preserved for interactive, educational, and agricultural -based destinations. Performance Measure(s): List all Performance Measures to be Used. Implementation of one or more Fields District catalyst projects is developed. Agricultural land is preserved for future Meridian generations. Status Updates: City of Meridian Strategic Plan D.1. -Promote a multi -modal transportation system, ensuring that residents and visitors have safe and efficienty mobility options. M:ill. * A 1.D. - Develop and sustain the connections that shape and serve our community. Lead Department: Community Development Support Department(s): ❑ Community Development ❑ Finance ❑ Fire ❑ Information Services; External Support: COMPASS, ACRD, ITD, VRT, UPRR, []Human Resources ❑ Legal [EMayor's Office Chamber of Commerce Z Parks ® Police ❑ Public Works Estimated Cost to Complete Objective: $$$ 25,000-50,000 Priority: 2. Medium Estimated Cost to Implement Objective: $$$$$ 500,000+ Estimated Effort: 250+ Hours Planned Start Date: 1/1/17 Anticipated Completion Date: 12/31/20 Objective Summary: To work with state, regaional and local transportation agencies in an effort to develop a phased -in, multi- modal transportation network that meeds the needs of the community and by allowing people and goods to traverse throughout the community. Tactics: List All Tactics Required to Complete This Objective in Logical/Chronological Order 1. Engage transportation agencies who control public rights -of -ways to discuss development of a master transportation network in Meridian. 11. Inventory existing land use, transportation and service plans, studies and policies related to mobility in Meridian and the Treasure Valley. Plans that should be evaluated include, but are not limited to: CIM 2040, ACHD's CIP and Master Street Map, Parks' Master Pathway Plan, VRT's ValleyConnect Plan, the Comprehensive Plan, and other completed studies/data (eg - demographics, specific area plans, transportation demand model, etc). III. Write a scope of work with transportation partner(s) and hire a consultant to develop a short-, mid- and long-range, multi -modal transportation network designed to meet the needs of Meridian. IV. Create a community engagement plan. V. Seek formal adoption of any plan by the City Council and transporation agencies who control public rights- of-way. VI. Identify any needed funding afor implementation of agreed to plan. VII. Benchmarks of agreed to plan are realized. Performance Measure(s): List all Performance Measures to be Used. 1. Transportation agency partnership(s) established. IL City Council adoption of a multi -modal transportation plan. 111. Multi -modal transportation network in Meridian is implemented per adopted plan. Status Updates: Meridian City Council Meeting DATE: December 22, 2015 ITEM NUMBER: $C PROJECT NUMBER: Department Reports ITEM TITLE: Quarterly Dashboard Discussion Continued from December 15, 2015: Quarterly Dashboard Discussion 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 Dashboard Discussion with City Council Community Development • Commercial Value • Residential Permits/Housing Starts Finance • Sortable Checkbook (opengov.com) • Performance Measurements & Standard Costs • Standard Cost of Services Per Hour • Overtime Wages Fire Performance Data: • # of EMS calls • # of Fire related calls • Response time performance/benchmark • Training Hours accomplished as compared to total hours required • # of Inspections accomplished as compared to # of inspections required • # of Pub Ed events and # of Pub Ed citizen contacts • Customer satisfaction rating through surveying • Mutual Aid given/received (both units and hours) General Department Information: • Overtime factors for the quarter • Significant Department events for the quarter • Significant Calls for the quarter • Overall budget completion percentage • New Hires • Separations • Turnovers • Compliance Line Calls/Topics Information Services • Annual # of calls for IT and Clerks • Average # of calls/day for Clerks and IT • # of cases/month for IT • # of devices supported annually by IT • # of users supported annually by IT • # of passports and revenue per year • # of licenses/permits per year • # of PRR's per year Parks • Total Park Acres/Acres per Thousand Population • Recreation Revenue • Park Reservation Revenue • Parks & Recreation Sports Teams • Activity Guide Enrollments Police • Response Times o Priority 3 o Priority 2 o Priority 1 • Top Accident Locations • Top Violations • Calls for Service to Date • Reports to Date Public Works Quarterly Metrics: • WWTP Operating Income Budget to Actual • Water Operating Income Budget to Actual • Total Enterprise Fund YTD Operating Income & Expense • Water Sales • Wastewater Sales • Utility Connection Revenue • Capital Construction Budget to Actual • Total Personnel Costs • Total Operating Costs • Total Enterprise Fund Balance (Estimated) • Business Activity Unrestricted Fund and Investment in Capital Assets Net of Debt as of...