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15-1108 Resolution Accepting Ownership of Main Street islandsCITY 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