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Lease Agreement with Meridian Chamber of CommerceORIGINAL THIS LEASE made this X day of June, 2002, between the CITY OF MERIDIAN, a municipal corporation (hereinafter referred to as "City"), and the MERIDIAN CHAMBER OF COMMERCE, INC., an Idaho corporation (hereinafter referred to as"Lessee"): GRANT OF LEASE: DESCRIPTION OF PROPERTY: DURATION OF LEASE That in consideration of the rents, and conditions on the part of the Lessee to be paid, kept, and performed as hereinafter mentioned, City hereby agrees to lease to Lessee a certain parcel of real property situated -in Storey Park, located in the City of Meridian, Ada County, State of Idaho, said parcel is more particularly; described in Exhibit A which is attached hereto and incorporated by this reference. To have and' to hold the said parcel of ground unto the use of said Lessee, its successors and assigns, for the term of fifty (50) years beginning on the date of these presents. The City covenants that upon the expiration of said term at 50 years it will negotiate for another lease of said premises. I RENT Lessee agrees to pay the City as rent for said premises One and no1100 Dollars ($1.00) per year. All fifty (50) years of this lease term have been paid for in full by the lessee as of the date this Lease is executed. III PUBLIC RESTROOMS The Chamber of Commerce building contains two public restrooms with exterior entrances. Additionally, this portion of the Chamber of Commerce building, which contains the two public restrooms, has been paid for by the City and said portion of the building is City owned property. City agrees to assume total responsibility for furnishing and maintaining the plumbing and electrical bathroom fixtures, supplies, including paying for the sewer, water, electric, and natural gas charges and assessments as they relate to the public restrooms. IV TAXES, SPECIAL ASSESSMENTS, AND PUBLIC SERVICE CHARGES Lessee agrees to pay all taxes and assessments, general and special, and all other impositions, ordinary, of every kind and nature whatsoever, levied or assessed upon the building or improvements at any time situated on the leased parcel during the tern of the lease. Any such taxes or assessments pertaining to the public restrooms shall be the responsibility of the Lessor. Furthermore, Lessee shall payfor all user charges associated with the structure, except those that relate to the public restrooms, and which restrooms are City owned and referenced in paragraph III above. The City shall pay, by a separate billing to the property, the utilities that are furnished to that portion of the building, including any power, natural gas, and water and sewer hookup. V CONDEMNATION OF LEASED PROPERTY The parties by this provision provide for the contingency that the premises or a portion thereof could be taken by a public authority under the power of eminent domain during the term of this lease. With respect to the compensation recovered upon any such taking, the parties agree that all compensation for the reduced value of or the loss of the fee title to the land the City's interest in the leasehold created by this lease and all other compensation except that hereafter specifically assigned to the Lessee shall be the property of the City; and that compensation for the reduced value of or the loss of the improvements, including the building (except for the public restrooms which are not property of the Lessee), located on the leased premises, the Lessee's moving expenses, the Lessee's loss of business, and the depreciation of the Lessee's stock and fixtures shall be the property of the Lessee. VI USE OF PREMISES The parties acknowledge that the City is leasing the described parcel to Lessee to allow Lessee to use the premises as the location for the office of the Meridian Chamber of Commerce, Inc, and Lessee's related activities. Lessee shall also be entitled to operate a visitor's center on said premises. In the event Lessee shall cease to use the leased premises for a Chamber of Commerce office, such shall constitute a default of this Lease and shall entitle the City to terminate this lease and pursue any remedy herein provided. Lessee shall make no unlawful use of the leased premises, nor shall Lessee perform any acts or carry on any practices upon the premises which may injure the enjoyment of the surrounding park or be a nuisance or menace to the City or patrons or Storey Park. The City shall maintain, at no cost to the lessee, the landscaping and watering of the premises. VII INSURANCE A. Liability Insurance. The Lessee shall at all times keep enforced a standard insurance policy insuring the City and the Lessee against public liability on or in any way connected with the premises with the limits of liability in those amounts as currently set forth in the Idaho Tort Claims =Act, or in such amounts as may hereafter be set forth by said Act during the term of this lease. Lessee further agrees to provide City with written proof of insurance at least annually, or upon the reasonable request of City. Insurance for the restrooms shall be maintained by the City. B. Lessee to Indemnify City_: Lessee agrees to indemnify and hold City harmless for any damages or claims which arise out of the Lessee's use or occupancy or the leased premises, exclusive of the public restrooms. LEASE AGREEMENT: CITY OF MERIDIAN AND MERIDIAN CHAMBER OF COMMERCE (2002) Page -2- C. Fire Insurance. The Lessee shall at. all times during the term of this lease carry and keep in force a standard fire insurance policy insuring the premises for the full insurable value hereof with extended coverage. Insurance for the restrooms shall be maintained by the City. VIII QUIET ENJOYMENT The City warrants and agrees that it holds merchantable title to the premises, and that it shall defend lessee's peaceful possession of the premises during the term of the lease against all interruptions by the City or any person claiming under the City unless this lease is terminated for the default of the Lessee. IX CITY'S DEFAULT If the City shall default in performing any of the provisions of this lease to be performed by it, the Lessee shall not pursue any available remedies (except to secure an order or judgment of court restraining or enjoining each such default) until the Lessee shall notify the City thereof specifying each such default. If the City fails to correct each said .specified default within ninety (90) days after service of such notice, the Lessee may, without further notice, terminate this Lease and pursue any other remedy now or hereinafter provided by law, no remedy being exclusive. X LESSEE'S DEFAULT If the Lessee shall default in performing any of the provisions of this lease to be performed by the Lessee,.the City shall not pursue any available remedies (except to secure an order or judgment of court restraining or enjoining each such default) until the City shall notify the Lessee thereof specifying each such default. A. Acts of Default. The following, but not limited to the following, eventualities shall be acts of default by Lessee, upon occurrence of which City shall have the right to declare this lease immediately terminated with the consequences herein provided: (1) Failure to comply with any other provision hereof within ninety days following written notice of default given by City, which said notice of default shall specify the matter in default; (2) Abandonment of the premises by Lessee; or (3) Commencement of any proceedings to declare Lessee a bankrupt, or for relief under any of the Chapters of the Bankruptcy Act, whether voluntary or involuntary, or the appointment of any receiver or trustee of the assets of Lessee situated in or upon the leased premises, or the seizure of all or any substantial portion of the assets of Lessee in or upon the leased premises under any levy of attachment or execution which shall not have been released within thirty (30) LEASE AGREEMENT: CITY OF MERIDIAN AND MERIDIAN CHAMBER OF COMMERCE (2002) Page -3- days after the date thereof. B. Remedies Upon Default. If the Lessee fails to correct each such specified default within ninety (90) days after service of such notice, the City may, without further notice, immediately correct the specified defaults, in which case the cost thereof to the City shall be deemed to be additional rent, shall be immediately due without further notice of default, and the City may institute all necessary proceedings to collect the same, and pursue any other remedy now or hereinafter provided by law, no remedy being exclusive. XI TRANSFER BY LESSEE PROHIBITED The Lessee shall not sell or contract to sell or assign or contract to assign this lease or sublet or part with possession of the premises or any part thereof, or otherwise transfer or hypothecate or assign as security or pledge or otherwise encumber the Lessee's interest in this lease or in the premises or any part thereof. It is agreed the reason and justification for the above restriction on alienation and transfer isreasonable and the City would not lease this property to any entity other than Lessee for any use other than that stated in this lease. Any violation of the provisions of this paragraph by the Lessee shall constitute a default by the Lessee entitling the City to pursue any remedy herein provided for the default of the Lessee. xn ENFORCEMENT EXPENSE If any court action is brought to enforce any of the provisions of this lease, the losing party shall pay to the prevailing party a reasonable attorney's fee in such action. XIII ALL MODIFICATIONS TO BE WRITTEN No modification of this lease nor any waiver of a provision hereof shall be of any force or effect unless the same is in writing and signed by the parties hereto. XIV NOTICES All notices required or permitted to be given hereunder shall be in writing and shall be sent postage prepaid by United States registered mail, return receipt requested. A notice mailed and addressed to the address set opposite the signature hereto of the party for whom the notice is intended, shall be deemed served and conclusively presumed to have been received the day after it is mailed. Any party may, by written notice given as herein provided, change the address for notices to be sent to such party. LEASE AGREEMENT: CITY OF MERIDIAN AND MERIDIAN CHAMBER OF COMMERCE (2002) Page -4- XV TIME OF ESSENCE Time and prompt performance of each provision of this lease is of the essence. XVI WAIVER Waiver by one party of one or more defaults in performance of any provision herein contained to be performed by the other party shall not waive the provision itself or any subsequent default in performance thereof or the. provisions of this paragraph. XVII GOVERNING LAW All questions relating to the construction and validity of this lease agreement shall be determined in accordance with the laws of the State of Idaho. XVIII INTERPRETATIONS The underlined paragraph headings used herein are for convenience only, are not a part of this lease, and shall not be used in construing it. This lease is executed in several counterparts and each counterpart shall be deemed an original for all purposes. Each provision of this lease to be performed by the Lessee shall be construed to be both a covenant and a condition. The term "person" shall include all legal entities, including, but not limited to, person, partnership, corporation, trust, estate, association, or governmental unit. Singular terms used herein which relate to the City or to the Lessee shall be read as if written in the plural when the context so requires or permits. XIX BINDING EFFECT The agreements herein contained shall be binding upon, apply and inure to the City's and the Lessee's respective heirs, executors, administrators, successors and assigns. XX EFFECTIVE DATE Effective date means the date that this lease agreement is dated above and is the date on which it will take effect regardless of whether the parties hereto signed it before or after such date. LEASE AGREEMENT: CITY OF MERIDIAN AND MERIDIAN CHAMBER OF COMMERCE (2002) Page -5- IN WITNESS WHEREOF, the parties have subscribed their names and have set their seals on the day and year first above written. CITY OF MERIDIAN, IDAHO 33 E. Idaho Street p fI' Meridian, Idaho 83642 ATTEST - By: , SEAL Honorab_ I Robert D. Corrie tiC? 0 ;` Mayor William G. Berg, Jr. City Clerk This Agreement approved by the Meridian CitX,�ummi1jQting in regular session on the 2� day of44afepr, 2002. ��.�`.[ O1F SEAL William G. Berg, Jr. = City Clerk ,`'rb r Is1 •'� ATTEST: E. Franklin P idian, .Idaho $A680 W. Borton President LEASE AGREEMENT: CITY OF MERIDIAN AND MERIDIAN CHAMBER OF COMMERCE (2002) Page -6- STATE OF IDAHO, } ss County of Ada } On the, -9 -0 --day day ofefoUA re me, the undersigned, a Notary Public in and for said State, personally appeared JOSEPH W. BORTON and, known to me to be the President of the Meridian Chamber of Commerce, Inc., the persons whose names are subscribed to the within and foregoing instrument and acknowledged to me that they executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first above written.. `g%%% JEP§3.0*� (SEAL) .• rlypTARY dr'• PUBLIC OF j�CF111r`�"�`�� STATE OF IDAHO, } ss County of Ada ) Notary Pu c or Ida , Residing at�c.- Commission Expires: dC��7-dam low On the 2 day of March, the undersigned, a Notary Public in and for said State, personally appeared ROBERT C. CORRIE and WILLIAM G. BERG, JR., known to me to be the President and City Clerk of the City of -Meridian, the persons whose names are subscribed to the within and foregoing instrument and acknowledged to me that they executed the same on behalf of said City. IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year, first above written. (SEAL)0 '~: Notary Public for Idaho Residing at: pia, oat" 1 o Commission Expires: 4 _ g_ 0 5 s • +• r asrs LEASE AGREEMENT: CITY OF MERIDIAN AND MERIDIAN CHAMBER OF COMMERCE (2002) Page -7- 1jr a E... --.-. .......................r_.._ Date..... ........... [iy.. _......_......... Sheet... _........ Of......_.....r... 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Exhibit A A 0 1 x 0 J 0 N 0 U 1� �sY � S 0 � s � x _H - N o LC �• �V f 1 O 0 1 ,uu ur r I UaJulk1- valley 33 E. Idaho j Meridian, Idaho 83642 i 888-4433 Customer's �7� 3—o Z Order No. Date 7 Nam/1'I e ei /,wr/7I� / ;� hz A.0 I, .0,C/ ,nA, Address /.0, O !41/6- 3A 8� Phone: 45— 2,t517 900BY I CASH C. .D. CHARGE I ON ACCT. MDSE. RETD. PAID OUT :GUAN. DESCRIPTION PRICE AMOUNT I ewe I i zeo �z Af l All claims and returned goods UST be accompanied by this bill. TAX 1 OTAi_ 0000654 Bee011 IDAHO INDEPENDENT BANK C rj 0 ^ MERIDIAN OFFICE 6 C. `9 MERIDIAN. IDAHO 63642 MERIDIAN CHAMBER OF COMMERCE P.O. BOX 7 MERIDIAN, ID. 83680 (208)888.2817 7/2/2002 PAY TO THE Meridian City **14.00 ORDER OF Fourteen and 001100*+***+***w+++*1111*+**+r+++w+++++++++++++++www*++w++++*+w*+w++++******+ww**++www **+++w**+*ww Meridian City MEMO Balance of Cease i1'00 6 20 s11' I: 1 2 3 10 3 7 3 21: u !3OoO 6& x Su11- 92.373/1231 05 DOLLARS "Hub of Treasure Valley" 33 E. Idaho Meridian, Idaho 83642 888,4433 IQAHO INDEPENDENT BANK MERIDIAN CFF}CE MERIDfAN, IDAHC 63642 MERIDIAN CHAMBER OF COMMERCE P.O. Bax 7 MERIDIAN, ID. 83680 (208)886-2817 PAY TO ORDER OF E Meridian City ** $ 14.00 Fourteen and DOLLARS Meridian City MEMO Balance of Lease il'OD 6 2D 911' 1: 1 2 3 LO 3 7 3 2I: 0 500D 6 i i null" Meridian City Council Meeting June 24, 2402 Page 30 of 32 Corrie: Okay. Motion has been made and second with the suspension of the rules. Any further discussion? Okay. Roll call vote, Mr. Berg. Roll Call: Bird, aye; Nary, aye; de Weerd, aye; McCandless, aye. MOTION CARRIED Corrie: With that, we will have Item number 11-C. I would like to tell the Council or ask the Council or tell you or whatever the verbiage is, I'd like to have a pre -Council meeting next on the second of July at 6:00. Brad Watson wants to meet with you about this latecomers discussion of Water and Sewer latecomers agreement with Sundance Company. He said he figured that 30 minutes would do it. Is that correct, Brad? Watson: Yes. Corrie: Then we can go about the regular meeting on time. I did put that on the second of July at 6:00 so we can (inaudible) 30 minutes earlier to hear that. Bird: That's good. Corrie: We have some discussion that needs to be handled with the Council. 11-C. Lease Agreement with Chamber of Commerce: Carrie: Okay. The next item is 11-C, which is the lease agreement with the Chamber of Commerce. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we go into the Executive Session as per Idaho State Code 67- 2345 (c) regarding the contract. McCandless: Second. . Corrie: Okay. Motion has been made and second. Roll call vote, Mr. Berg. Roll Call: Bird, aye; Nary, aye; de Weerd, aye; McCandless, aye. All ayes. MOTION CARRIED Corrie: Mr. Bird, who all do you want here? Just the four of us and the attorney? Bird: The four of us and Attorney Nichols. (Executive Session) Meridian City Council Meeting June 24, 2002 Page 31 of 32 Corrie: I'll entertain a motion to come out of Executive Session. Bird: So moved. Nary: Second. Corrie: Okay. Motion has been made and second. All those in favor say aye. Okay. Let the record show that no decisions were made other than what will be done in open public meetings. Council— Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: On this lease with the Meridian Chamber of Commerce, there has been a, I guess, a couple of changes unbeknownst to the City that was sent to us signed by the President of the Chamber and approved by their board. We had sent them over an exhibit that we would agree with and asked them to look it over and see if they agreed with it. At this time, I would move that we table this lease agreement and that our attorney get with the President of the Chamber of Commerce and a couple of their board members and ask them to come to the July 2nd meeting so we can discuss the changes that were made by them on this lease agreement. De Weerd: That was a long one. Nary: Was that a motion? Bird: That was a motion. De Weerd: Second. Corrie: Motion has been made and second. All those in favor say aye. All ayes. Now you can have a discussion on that. That concludes our agenda. I will entertain a motion—Oh, don't forget the first of January we have a meeting with the ACHD and City Council— De Weerd: January? Corrie: I'm going to be the only one there so make that a notice. De Weerd: Happy New Years. Corrie: Happy New Year, Mayor. Bird: You mean we don't have to come to any more meetings? Meridian City Council Meeting July 2, 2002 Page 5 of 65 Corrie: Okay. Motion has been made and seconded. Is there any further discussion? Hearing none. All those in favor of the motion say aye. Opposed no. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: (Items Moved from Consent Agenda) Corrie: No items were removed from the Consent Agenda. Item 7: Tabled from June 24,2002: Lease Agreement with Chamber of Commerce: Corrie: Item No. 7 is tabled from June the 24th, 2002. This is a (ease agreement with the Chamber of Commerce. Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, Joe Borton, Chamber President, is here with some of his board members as you requested they be. The Chamber lease of the Chamber building site in Storey Park has been subject to renegotiations for longer than anybody really cares to admit and there is some final items that need to be cleared up with regard to that and Mr. Kuntz and I, in discussing those items in correspondence that went to Mr. Borton, just need some clarification as to the respective intent in what's been done before. So Mr. Borton -- I believe you have in your materials -- and may not -- it shouldn't be on the CD ROM, but a hard copy, of a letter from Mr. Borton dated July 1 st, which addresses the issues that -- in the lease agreement that the Chamber signed there was -- there were some things deleted and some things added and just to review those, there was a provision under use of premises which required the city to maintain landscaping and watering of the premises, which would essentially be anything outside of the Chamber building and there is -- so we need some discussion on that, maybe clarify that in terms of what does that mean with regard to flower beds or shrubbery. There was a right of inspection paragraph that was removed, but that right of inspection paragraph was a carry over from the prior lease. It looked to be boilerplate language that came over from a lease where someone would be leasing the building, as opposed to just leasing the land. So perhaps that doesn't need to be in there. There was also a deletion of a portion of a default paragraph regarding nonpayment and since this is a relatively small lease, which has all of the lease payments made up front, that's, in my estimation, not a major issue. The lease is for 50 years and at the end of that time if we renegotiate a new lease, we can deal with any issues regarding nonpayment or whatever at that time, if any of us are still here. Those are really the only things that think need to be discussed. There is also an issue raised by Mr. Kuntz with regard to snow removal and what the parties expectations were regarding that. Carrie: Okay. Nichols: I don't think I have left anything out. If I have, Mr. Borton can tell me. Borton: Thank you, Mr. Mayor, Members of the Council, you haven't left anything out. The letter from July 1 st tried to address some of those concerns. Meridian City Council Meeting July 2, 2002 Page 6 of 65 Corrie: Name for the record, please. Borton: Oh. Joe Borton. My address? Carrie: Thank you. 1005 White Lily in Meridian. De Weerd: I think he should be sworn. Borton: Let the record reflect that Councilwoman de Weerd is being difficult. The only issue that -- two of the issues, one of them brand new, at least to me. I talked with Terry briefly, is the issue of snow removal. The other one that I didn't think -- it never appeared to be one that was still up in the air was the issue of landscape maintenance, the watering and maintaining the landscape. It's always been our impression that the city -- city property directs the landscaping and with our talks with Tom and Elroy was going to water it and maintain it. They are set up now I believe now where it's on the city's irrigation system, so I'm kind of in the dark. With regards to shrubberies and flowers, whether that's going to be something separate that the Chamber is going to maintain, it's kind of new to me to hear something like that. There is a comment that it's a gray area and I just don't know really where the line would be drawn who waters the rhododendrons, but not the evergreen shrubs and whatnot. It was our understanding -- and Teri Sackman can comment on that as well -- that the city's master plan with regards to landscaping for Storey Park would contain landscaping the park in or around the Chamber building and that would be maintained by the city and controlled by the city. So that's our understanding and that's the insertional language in the lease, which is approved by our board. So if there is any further questions on that -- Corrie: I guess, Joe, you want the city to put the flowers in and keep it up? I think before the Chamber put some flowers in and we watered them or -- I don't know. That was what Tom was wondering is if you put the flowers in, do you want us to take care of them or do you want us to put the flowers in -- just as a gray zone for him and if you want him to do it all, he'll do it all, or if you want to do part of it, you can do part of it. So that was where his confusion was coming in. Borton: Okay. Mr. Mayor and Members of the Council, one of the things -- Tom's been pretty cooperative in trying to get our input as to the landscaping plan and it went as far as the Chamber being willing in our solicitation efforts for building fund to also solicit funds f or planting material, things of that n ature. We h aven't done that, b ecause we wanted to hear, really, what the parks grand plan was. If the Chamber wanted to make it gravel and asphalt all around, that probably wouldn't fit. So we have been pretty cooperative throughout. The Chamber's involvement through Tom's direction would be to assist in obtaining materials, if we are going to be out there and help plant them, we can do a planting party or whatnot, we will do that, but from thereon afterwards it would be the city's responsibility to maintain, alter, or amend as they see fit. Corrie: Tom -- oh, you're here. I'm sorry. You're here and so am I now. Tom. Kuntz: Mr. Mayor and Council, just to clarify a couple of things. I don't think the grounds maintenance pertaining to turf, trees, and irrigation systems has ever been an issue, nor is i t a n i ssue i n t his case w ith t he p arks d epartment. The 1 ssue i s i f t he C hamber i s Meridian City Council Meeting July 2, 2002 Page 7 of 65 requesting a higher level of landscaping directly adjacent to their building, to the sides and right in front where the walkway is and stuff, we are willing to help plant that and cooperate with the Chamber to make that happen, but to maintain those flower beds is a level of service that is higher than we would provide if it were a normal park setting and there is a cost that goes along with that as far as staff time to maintain the flower beds a nd s hrub b eds a nd s o I g uess t he i ssue w ith o ur d epartment i s w hat I evel o f service does the Chamber want to see directly in front of their building and I'm talking about right in front of the front windows, that type of thing. It's a level of service that we are not prepared at this time to maintain with extra -- without extraordinary costs being incurred by the parks department. So maybe if we could address that issue first and then come back to the snow removal and upkeep of the parking lot. You know, over a 50 year period there will need to be some sealing done, some restriping of lines and that type of thing, and, really, all we are looking for is direction from the City Council. We will do whatever the Council requests us to do. Sackman: Mr. Mayor, Teri Sackman, 2551 Misty Drive. You want to swear me in, Tammy? I can speak to the landscaping directly. Following the ribbon cutting for the new playground in Storey Park I met with Elroy and he basically -- we did a walk around the building, I said what are you thinking, we were both thinking the same thing, low maintenance sod, trees. He had one area where he had suggested that he would like to put in bushes and flowers, but I'm not sure whether that was the final plan or not. The parking lot has some bushes and flowers at the moment. At that time basically I gave -- told Elroy the position of the Chamber board is that since the parks department will be putting their landscaping and maintaining it, that whatever the parks department wanted to do was fine with the Chamber board. So if -- so whether or not we put bushes in, I guess, is -- according to the Chamber board, is up to the parks department staff. There is one area right in front of our building that faces the parking lot. There has been some talk about putting in -- putting our pavers back in as a patio and if we do that, my verbal agreement with Elroy is that the park staff would not be expected to do that, it will either be an Eagle Scout project or we will contract that out, but as far as the rest of the landscaping, that will be up to the park staff and I guess that probably answers those questions for you. Oh, I will also mention that I have contacted Du -Rite Nursery and Victory Greens, both who have indicated an interest in doing some donation of plants and/or sod. As soon as Elroy gets with them with a plan, they will tell us what they will be able to donate, so -- Kuntz: Mayor and Council, just to clarify Teri's comments. It sounds like the Chamber is willing to go along with us with our landscaping plans with the understanding that there will be a low level of maintenance required for those items. Sackman: That is correct. You want to talk parking now? Borton: With regards to the snow removal. Kuntz: Two issues on the parking, Council and Mayor. One is on snow removal in the -- the parking lot area in the past we have not done snow removal in the parking lot, because the park technically is not being used during snow season. We do maintain sidewalks, however, because we have the equipment necessary to do that. There may be an opportunity this year at budget time to add a cab over our piece of equipment that Meridian City Council Meeting July 2, 2002 Page 8 of 65 we would use for snow removal and we would certainly be willing to provide that service as part of our normal snow clean up in that park. But that would be one issue. And then the other one would be as far as sealing the parking lot and restriping it, because that will need that -- that asphalt need that over a 50 year period of time. De Weerd: How about insulated coveralls? Nary: I was thinking the exact same thing. Corrie: Could be a cold winter. Okay. De Weerd: Mr. Mayor? Corrie: Ms. de Weerd. De Weerd: Joe, I think the reason we asked you to be here is there were a couple of changes with no cover letter explaining the changes when we got it back and so it was felt that we would like to just hear your comments and I don't think anyone on the Council addressed any concern on maintenance and neither did our staff. So it was just to get some clarity on that -- on the couple of items that our city attorney pointed out and we appreciate you and your board members being here. Barton: Not a problem. Corrie: Okay. Any other comments? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Joe, in your letter you had one concern of when the parking lot was going and the public restrooms were going to open. Borton: Absolutely. Bird: Do we have a date on them, Tom, on the public restrooms? Huff: Mr. Bird? Bird: Yes. Huff: On the public restrooms I think the only thing we are waiting for on those is the partition doors. During construction there was a couple of changes made and so the once that we did get or were going to end up with did not fit, so we sent those back -- Tom I believe we sent those back to get those made to fit those openings and we expect those pretty soon. I should have heard something yesterday about that, but I didn't get the message when they would be here. The rest of the bathroom is done and they a re basically functional, It here i s j ust no p rivacy d oars on them. Otherwise, they work fine. As far as -- what was the other question? About parking lot? Paving? What Meridian City Council Meeting July 2, 2002 Page 4 of 65 I'm facing there is during the construction we had a main irrigation line fail one evening. We rerouted that so it would no longer be under the parking lot surface. What we experienced there over the next few days, we just filled that whole thing up with water and we let it sit for, you know, as long as we could and we thought we could start to work it and there is really a good base under there, it was really hard, and it has a little bit of clay and rock and stuff in it, but now that it's saturated it's dry time is really really slow and we tried to get it to where we could plumb it -- or I mean pave it last week, but it was still pumping in certain sections and the paving company would not warranty it if we did it that way. So my guess is that we are going to start using that pretty soon as a gravel base and if it takes -- I took an estimate from them to do excavation and some map work down in there and some fill and redo that and they wanted 5,000 dollars and I won't do it. And so if it has to sit three weeks to dry out, it will sit three weeks and then we can pave it and I'll get them to warranty it before they do. Whatever equipment -- we took some heavy equipment on it and there is about three little areas out there that we are pumping that they wanted me to sign off and at the time Tom and I talked about it, we decided not to do it and then -- but it will be usable, it will just be that gravel base until it finally dries out and then we will pave it. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: So, in other words, our public restrooms, because of the non -privacy, are not open for the public? Huff: That's the only reason they are not open at this point. Bird: So our participants in the playground and stuff have no place to go to any restrooms in the park? Huff: We have some portables out there and we still have the other restrooms available. There is some further away and we just point people in that direction. But as soon as those are here and Tom gets those in, we will open those right up. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Can you put some kind of temporary sign on the Chamber building or where your bathrooms would be to kind of direct them where the other bathrooms are and that they have portables to use in the meantime or where the permanent facilities are? Kuntz: Mayor and Council, we have actually ordered a permanent sign that will go on the side of the building, so if you are in the shelter area, you will be able to visually see the sign with an arrow pointing to the bathrooms. In the meantime, we are supposed to have portables out there and if they are not out there or they are not in a location where they are readily visible, we will make sure they get moved before the Fourth of July, so that they are there. Meridian City Council Meeting July 2, 2002 Page 10 of 65 De Weerd: That would be good. Huff. Yeah. We will have -- you know, we get a lot of people in there on the Fourth and so we have portables coming back in tomorrow and they will be up close to the Chamber of Commerce building and -- but very accessible and then the other bathrooms on the other side will be open, too. We will have that covered for the weekend. De Weerd: Okay. Huff: Sorry about the slowness on the parking lot. It was just one night of a mess and just couldn't -- Corrie: Any other questions? Comments? Bird: I have none. Corrie: Okay. What's the recommendation of Council on this lease? Bird: Mr. Mayor? Carrie: Mr. Bird. Bird: 1 believe that we have, according to Mr. Borton's letter with our attorney, we have worked out the wording in a couple areas that was questionable; am I correct? Am I correct? Corrie: Looking at the two attorneys Nichols: Mr. Mayor and Members of the Council, I think you need to -- it sounds to me like basically what you're saying and what the Chamber and the parks department is saying, the existing language that is in the lease that's signed is adequate with regard to maintaining landscaping and irrigating landscaping at the Chamber building. I mean that's what I gleaned out of -- Corrie: You got it. Nichols: The issue of snow removal, well, you haven't told us -- Tom has told us that he hasn't removed snow from the parking lot in previous years and the lease is silent as to snow removal from the parking lot and the record would say -- I mean not that we get -- you know, it's not North Dakota, but if you want the parks department to remove snow from the Chamber parking lot, we need to write it into the lease. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Although I haven't heard about the covered cab, I do remember when we purchased some equipment, they said we could get a blade on it for snow removal, so I Meridian City Council Meeting July 2, 2002 Page 11 of 65 don't think that should be an issue. I think the city could probably take care of all the snow that this area gets. Borton: Mr. Mayor? Corrie: Joe. Borton: Members of the Council, that snow removal could also be accounted for under the general maintenance of the property and premises, not unlike needing to mow the yard when the grass is long or pull the weeds, the removal of snow from the premises as well, so perhaps the language that's in there covers that contingency whenever it does arise. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Not to beat this horse to death any further, but I mean it is a park, it is open, I mean I don't think it matters if it's winter, I have seen kids in there playing in the wintertime and we have one less road to remove snow on in there now, so I don't see any reason we can't get it done. So I'm satisfied. I think Councilmember de Weerd was correct, Joe. 1 think the reason we just asked this, because if your letter had previously come we probably would have been fine. So I think it's fine. Carrie: Okay. Nichols: Mr. Mayor, then, it sounds to me that what you need to do is approve the lease as it's already signed, then. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: 1'd approve the lease with the Chamber of Commerce of Meridian as presented and signed by the Chamber. McCandless: Second. Corrie: Motion has been made and seconded. Any other discussion? Barton: Mr. Mayor, Members of the Council? Carrie: Joe. Borton: Just for the record to be clear, there is $94.00 remaining on the lease. We do have a check, which we can't present until tomorrow. So we will put it in the mail. Just to let you know. Nary: Thanks for bringing it up. Meridian City Council Meeting July 2, 2002 Page 12 of 65 Corrie: Since it's coming from the attorney we will accept that. De Weerd: I'm glad you did that before we voted. Bird: Yeah. Corrie: Any other discussion? Okay. All those in favor of the motion say aye. Opposed no. All ayes. Thank you, Joe. MOTION CARRIED: ALL AYES. Item 8: Resolution No.: Adoption of Strategic Plan of the City of Meridian: Corrie: Item No. 8 is a resolution, adoption of the Strategic Plan of the City of Meridian. Resolution No. 02-378. Okay. If you would, please, read the Resolution by title only, please. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance -- or, excuse me, Resolution No. 02-378, a Resolution of the Mayor and City Council of the City of Meridian to provide for findings and to establish a comprehensive strategic plan for the City of Meridian providing for clear insight regarding the major challenges facing the city, providing for goals, objectives, major initiatives, and anticipated actions established by each city department and providing an effective date. Corrie: Okay. You have heard the Resolution No. 02-378 read by Title only. Is there anyone from the audience that would like to have it read it its entirety? Okay. Council, any discussion on Resolution 02-378? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I don't know. I think this resolution says a great deal as to the commitment from the City of Meridian and the elected officials to create a vision for our community and a deep commitment to public service and customer service to our public. It sets out a vision as to the direction that we would like to see this community proceed and we have great involvement of our city employees. It also identifies the key issues and challenges that are facing this community and the decision makers. So it is a first step to kind of set a direction and a vision to where we want to go and this is a real exciting opportunity to share this to the community. So I would invite anyone interested in seeing this document to certainly come by City Hall and get a better idea of some of the things that face each of our individual departments, as well as the direction that we see the city going in the next -- in the years to come. So 1 just -- we had great participation and it's, indeed, a pleasure to see this document come in front of us and its adoption, so -- Nary: Mr. Mayor? ORIGINAL THIS LEASE made this .1-1 day of June, 2002, between the CITY OF MERIDIAN, a municipal corporation (hereinafter referred to as "City"), and the MERIDIAN CHAMBER OF COMMERCE, INC., an Idaho corporation (hereinafter referred to as"Lessee"): GRANT OF LEASE: DESCRIPTION OF PROPERTY: DURATION OF LEASE That in consideration of the rents, and conditions on the part of the Lessee to be paid, kept, and performed as hereinafter mentioned, City hereby agrees to lease to Lessee a certain parcel of real property situated in Storey Park, located in the City of Meridian, Ada County, State of Idaho, said parcel is more particularly described in Exhibit A which is attached hereto and incorporated by this reference. To have and to hold the said parcel of ground unto the use of said Lessee, its successors and assigns, for the term of fifty (50) years beginning on the date of these presents. The City covenants that upon the expiration of said term at 50 years it will negotiate for another lease of said premises. I I RENT Lessee agrees to pay the City as rent for said premises One and no/100 Dollars ($1.00) per year. All fifty (50) years of this lease term have been paid for in full by the lessee as of the date this Lease is executed. III PUBLIC RESTROOMS The Chamber of Commerce building contains two public restrooms with exterior entrances. Additionally, this portion of the Chamber of Commerce building, which contains the two public restrooms, has been paid for by the City and said portion of the building is City owned property. City agrees to assume total responsibility for furnishing and maintaining the plumbing and electrical bathroom fixtures, supplies, including paying for the sewer, water, electric, and natural gas charges and assessments as they relate to the public restrooms. IV TAXES, SPECIAL ASSESSMENTS, AND PUBLIC SERVICE CHARGES Lessee agrees to pay all taxes and assessments, general and special, and all other impositions, ordinary, of every kind and nature whatsoever, levied or assessed upon the building or improvements at any time situated on the leased parcel during the tern of the lease. Any such taxes or assessments pertaining to the public restrooms shall be the responsibility of the Lessor. Furthermore, Lessee shall payfor all user charges associated with the structure, except those that relate to the public restrooms, and which restrooms are City owned and referenced in paragraph III above. The City shall pay, by a separate billing to the property, the utilities that are furnished to that portion of the building, including any power, natural gas, and water and sewer hookup. V CONDEMNATION OF LEASED PROPERTY The parties by this provision provide for the contingency that the premises or a portion thereof could be taken by a public authority under the power of eminent domain during the term of this lease. With respect to the compensation recovered upon any such taking, the parties agree that all compensation for the reduced value of or the loss of the fee title to the land the City's interest in the leasehold created by this lease and all other compensation except that hereafter specifically assigned to the Lessee shall be the property of the City; and that compensation for the reduced value of or the loss of the improvements, including the building (except for the public restrooms which are not property of the Lessee), located on the leased premises, the Lessee's moving expenses, the Lessee's loss of business, and the depreciation of the Lessee's stock and fixtures shall be the property of the Lessee. VI USE OF PREMISES The parties acknowledge that the City is leasing the described parcel to Lessee to allow Lessee to use the premises as the location for the office of the Meridian Chamber of Commerce, Inc, and Lessee's related activities. Lessee shall also be entitled to operate a visitor's center on said premises. In the event Lessee shall cease to use the leased premises for a Chamber of Commerce office, such shall constitute a default of this Lease and shall entitle the City to terminate this lease and pursue any remedy herein provided. Lessee shall make no unlawful use of the leased premises, nor shall Lessee perform any acts or carry on any practices upon the premises which may injure the enjoyment of the surrounding park or be a nuisance or menace to the City or patrons or Storey Park. The City shall maintain, at no cost to the lessee, the landscaping and watering of the premises. VII INSURANCE A. Liability Insurance. The Lessee shall at all times keep enforced a standard insurance policy insuring the City and the Lessee against public liability on or in any way connected with the premises with the limits of liability in those amounts as currently set forth in the Idaho Tort Claims Act, or in such amounts as may hereafter be set forth by said Act during the term of this lease. Lessee further agrees to provide City with written proof of insurance at least annually, or upon the reasonable request of City. Insurance for the restrooms shall be maintained by the City. B. Lessee to Indemnify City: Lessee agrees to indemnify and hold City harmless for any damages or claims which arise out of the Lessee's use or occupancy or the leased premises, exclusive of the public restrooms. LEASE AGREEMENT: CITY OF MERIDIAN AND MERIDIAN CHAMBER OF COMMERCE (2002) Page -2- C. Fire Insurance. The Lessee shall at all times during the term of this lease carry and keep in force a standard fire insurance policy insuring the premises for the full insurable value hereof with extended coverage. Insurance for the restrooms shall be maintained by the City. VIII QUIET ENJOYMENT The City warrants and agrees that it holds merchantable title to the premises, and that it shall defend lessee's peaceful possession of the premises during the term of the lease against all interruptions by the City or any person claiming under the City unless this lease is terminated for the default of the Lessee. IX CITY'S DEFAULT If the City shall default in performing any of the provisions of this lease to be performed by it, the Lessee shall not pursue any available remedies (except to secure an order or judgment of court restraining or enjoining each such default) until the Lessee shall notify the City thereof specifying each such default. If the City fails to correct each said .specified default within ninety (90) -days after service of such notice, the Lessee may, without further notice, terminate this Lease and pursue any other remedy now or hereinafter provided by law, no remedy being exclusive. X LESSEE'S DEFAULT If the Lessee shall default in performing any of the provisions of this lease to be performed by the Lessee, the City shall not pursue any available remedies (except to secure an order or judgment of court restraining or enjoining each such default) until the City shall notify the Lessee thereof specifying each such default. A. Acts of Default. The following, but not limited to the following, eventualities shall be acts of default by Lessee, upon occurrence of which City shall have the right to declare this lease immediately terminated with the consequences herein provided: (1) Failure to comply with any other provision hereof within ninety days following written notice of default given by City, which said notice of default shall specify the matter in default; (2) Abandonment of the premises by Lessee; or (3) Commencement of any proceedings to declare Lessee a bankrupt, or for relief under any of the Chapters of the Bankruptcy Act, whether voluntary or involuntary, or the appointment of any receiver or trustee of the assets of Lessee situated in or upon the leased premises, or the seizure of all or any substantial portion of the assets of Lessee in or upon the leased premises under any levy of attachment or execution which shall not have been released within thirty (30) LEASE AGREEMENT: CITY OF MERIDIAN AND MERIDIAN CHAMBER OF COMMERCE (2002) Page -3- days after the date thereof. B. Remedies Upon Default. If the Lessee fails to correct each such specified default within ninety (90) days after service of such notice, the City may, without further notice, immediately correct the specified defaults, in which case the cost thereof to the City shall be deemed to be additional rent, shall be immediately due without further notice of default, and the City may institute all necessary proceedings to collect the same, and pursue any other remedy now or hereinafter provided by law, no remedy being exclusive. XI TRANSFER BY LESSEE PROHIBITED The Lessee shall not sell or contract to sell or assign or contract to assign this lease or sublet or part with possession of the premises or any part thereof, or otherwise transfer or hypothecate or assign as security or pledge or otherwise encumber the Lessee's interest in this lease or in the premises or any part thereof. It is agreed the reason and justification for the above restriction on alienation and transfer is reasonable and the City would not lease this property to any entity other than Lessee for any use other than that stated in this lease. Any violation of the provisions of this paragraph by the Lessee shall constitute a default by the Lessee entitling the City to pursue any remedy herein provided for the default of the Lessee. XII ENFORCEMENT EXPENSE If any court action is brought to enforce any of the provisions of this lease, the losing party shall pay to the prevailing party a reasonable attorney's fee in such action. XIII ALL MODIFICATIONS TO BE WRITTEN No modification of this lease nor any waiver of a provision hereof shall be of any force or effect unless the same is in writing and signed by the parties hereto. XIV NOTICES All notices required or permitted to be given hereunder shall be in writing and shall be sent postage prepaid by United States registered mail, return receipt requested. A notice mailed and addressed to the address set opposite the signature hereto of the party for whom the notice is intended, shall be deemed served and conclusively presumed to have been received the day after it is mailed. Any party may, by written notice given as herein provided, change the address for notices to be sent to such party. LEASE AGREEMENT: CITY OF MERIDIAN AND MERIDIAN CHAMBER OF COMMERCE (2002) Page -4- XV TIME OF ESSENCE Time and prompt performance of each provision of this lease is of the essence. XVI WAIVER Waiver by one party of one or more defaults in performance of any provision herein contained to be performed by the other party shall not waive the provisior itself or any subsequent default in performance thereof or the provisions of this paragraph. XVII GOVERNING LAW All questions relating to the construction and validity of this lease agreement shall be determined in accordance with the laws of the State of Idaho. XVIII INTERPRETATIONS The underlined paragraph headings used herein are for convenience only, are not a part of this lease, and shall not be used in construing it. This lease is executed in several counterparts and each counterpart shall be deemed an original for all purposes. Each provision of this lease to be performed by the Lessee shall be construed to be both a covenant and a condition. The term "person" shall include all legal entities, including, but nct limited to, person, partnership, corporation, trust, estate, association, or governmental unit. Singular terms used herein which relate to the City or to the Lessee shall be read as if written in the plural when the context so requires or permits. XIX BINDING EFFECT The agreements herein contained shall be binding upon, apply and inure to the City's and the Lessee's respective heirs, executors, administrators, successors and assigns. XX EFFECTIVE DATE Effective date means the date that this lease agreement is dated above and is the date on which it will take effect regardless of whether the parties hereto signed it before or after such date. LEASE AGREEMENT: CITY OF MERIDIAN AND MERIDIAN CHAMBER OF COMMERCE (2002) Page -5- IN WITNESS WHEREOF, the parties have subscribed their names and have set their seals on the day and year first above written. CITY OF MERIDIAN, IDAHO 33 E. Idaho Street \, """'�1Meridian, Idaho 83642 OF MERip�-9��''' ATTEST - By. SEAL = Honorabl Robert D. Corrie 9G c?O Mayor ;' ,9 �P William G. Berg, Jr. City Clerk This Agreement approved by the Meridian CitX (;�owmeilj�itting in regular session on the day 01F MEr? of.A44afe,r, 2002. 0RPOF14 SEAL William G. Berg, Jr. O City Clerk C ATTEST: 0 MERIDIAN CHAMBER OF COMMERCE 215 E. Franklin Road P . ox 7 eridian, Idaho h W. Borton President LEASE AGREEMENT: CITY OF MERIDIAN AND MERIDIAN CHAMBER OF COMMERCE (2002) Page -6- STATE OF IDAHO, ss County of Ada ) On thq,2c day of Mark��efore me, the undersigned, a Notary Public in an d for said State, Personally appeared JOSEPH W. BORTON and, known to me to be the President of the Meridian Chamber of Commerce, Inc., the persons whose names are subscribed to the within and foregoing instrument and acknowledged to me that they executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first above written. �. �� S EPS. zi 5 (SEAL) P; ••ti ' . . �. g AOTARY PUBLIC STATE OF IDAHO, ) ss County of Ada Notary Putrific for Idaho' Residing ar;�-,,�c- Commission Expires: ad JV� On the 2 day of Merch, the undersigned, a Notary Public in and for said State, personally appeared ROBERT C. CORRIE and WILLIAM G. BERG, JR., known to me to be the President and City Clerk of the City of Meridian, the persons whose names are subscribed to the within and foregoing instrument and acknowledged to me that they executed the same on behalf of said City. IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first above written. .• ON •. (SEAL) "'A,•.: Notary Public for Idaho Residing at: A o( Commission Expires: LEASE AGREEMENT: CITY OF MERIDIAN AND MERIDIAN CHAMBER OF COMMERCE (2002) Page -7- Pro j....... ---------------------------- Date..._......._... By....__.______� Sheet --- ._._--------- Of... --- a partrc(, p6 rn LLA A—�� t-a{rd t,n "tirl ►IW%q NW%4,'ec.1$,j,3.}J.�R1E• Mcrid taw: j Ada Cote 4y Td a -(o his pavccl 4 p,,Tpf„t,1 ,v,.. rv%ove pw'{t d-ricrt L44 o. 1 1 t 9 (11L1l5 d ✓11 ✓v% GH f. r n. a Air C l l O vL �A ✓ v�?. v jyl a'� ��.�..�` 4 j l O r1� l �K S� Cor rwY o b Scc ft ovL , T 3 1V.� J�.1 ,yvt . A pl a Co vw•- ot hors' b,oL4mda j l►:..t. sakd Sec%r>~., also sa�cl 44 c&vcn I W"L od kou d, OfprnL"* A.ats-L� 1,0so d-*-tt 4-9 a pdw.t-j -�Wct. SotA4krn,L� appw t.�+�afLL� 4! k -*t s `pOvAt 1SnMa d Pont- beirl -0,4 aALp0tntoF6&Gi,W/ ot ONCI A CtA r .Qin... �rt, lam• u.- Cl r. J- V-" CLAAr ag C. AA-"rA j �tn.u. lnit Sa Gey{ ly p ot,t�u,�, wicam- ;r�;,b , Cl- , Oo -�.ut 4-o b 40 S o L4,4a Ipp w�vw. A iG_ 13 O p d VI -t vb V;AF4-&: c Cfwi%. w i 4,t, o,... 0 no r4 k&0 4"I�- s �'► h 9 G� c,�.t�.e, r o & d n Ct vmdb '� �-�- S otic ks aS .y ,,� a••1.l Y10 ti �.k tom. �•{ o rK 4i,. tic t n 9 Co vN w.-C.t ro a d wa. t,wA-(r a pp Yrxt,, 0-l� LLjo �- 400" UAL p0iv%l- OF l5*6lvtv%"V%l � Co vtlpv)st n' gpptMLt w•a�b Y3 Acre. 1 M,o Yt o V ltA4-• 11 Exhibit A A � S o. ro nL CDx wuj � J <J ' x 4 �. D 0 QD � X O � s � LAO Cki C -A O � cC'% O O O / x cn `f1 c '` oCL cz v�_ 33 E. Idaho Meridian, Idaho 83642 888-4433 Customers Order No. Name Date 14,ha ix, hi— l — �j—(/ h-7 e-t'd-0' Address .0, O is j/Q /� (J �b'y -7 Phone: 8�%pJ-•7ig� / SO 9Y CASH C.C.D. CHARGE ON ACCT. ESCRIPTION MCSE. RETD PAIC pUT 7, Q I � I All claims and returned goods VUST be accompanied by this roll. TAX TOTAL C 0 0 0 6 5 4 Bec01 A /--}f n IDAHO INDEPENDENT BANK MERIDIAN OFFICE MERIDIAN. IDAHO 83642 MERIDIAN CHAMBER OF COMMERCE P.O. BOX 7 MERIDIAN, ID. 83680 (208)888-2817 t r J, 1 4 1 6209 - 92-313/1231 05 7/2/2002 **14.00 PAY TO THE Meridian City $ ORDER OF Fourteen and 00/100************************************:**:********************::::***********..**.*:*****::***. DOLLARS Meridian City Balance of Lease MEMO 118005 2091" I: 1 2 3 10 3 7 3 21: 0 5000 1111 1 1 Sul` nuu of I reasure valley 33 E. Idaho i Meridian, Idaho 83642 888-4433 er's �� 3•o Z �. Date Phone: g 9; F- 2,917 C.O.D. CHARGE ON ACCT. MCSE. RETD. PAID OUT /v �a e i o Sz i i All claims and returned goods VUST be accompanied by this bill. TAX TOTAL �— C 0 0 0 6 5 4 ReQ IDAHO INDEPENDENT BANK MERIDIAN OFFICE MERIDIAN. IDAHO 63642 MERIDIAN CHAMBER OF COMMERCE P.O. BOX 7 MERIDIAN, ID. 83680 (208)888-2817 i . } t 1 i 6209 92-373/1231 05 7/2/2002 PAY TO THE Meridian City **14.00 ORDER OF $ Fourteen and 00/100************.*********:*****.s**************************.*****:*:*:**:****:■*******:*****»*: Meridian City Balance of Lease MEMO 11'006 20911' 1: 1 2 3 10 3 7 3 21: 0 5000 1 L 1 5uV DOLLARS Meridian City Council Meeting June 24, 2002 Page 30 of 32 Corrie: Okay. Motion has been made and second with the suspension of the rules. Any further discussion? Okay. Roll call vote, Mr. Berg. Roll Call: Bird, aye; Nary, aye; de Weerd, aye; McCandless, aye. MOTION CARRIED Corrie: With that, we will have Item number 11-C. I would like to tell the Council or ask the Council or tell you or whatever the verbiage is, I'd like to have a pre -Council meeting next on the second of July at 6:00. Brad Watson wants to meet with you about this latecomers discussion of Water and Sewer latecomers agreement with Sundance Company. He said he figured that 30 minutes would do it. Is that correct, Brad? Watson: Yes. Corrie: Then we can go about the regular meeting on time. I did put that on the second of July at 6:00 so we can (inaudible) 30 minutes earlier to hear that. Bird: That's good. Corrie: We have some discussion that needs to be handled with the Council. 11-C. Lease Agreement with Chamber of Commerce: Corrie: Okay. The next item is 11-C, which is the lease agreement with the Chamber of Commerce. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I would move that we go into the Executive Session as per Idaho State Code 67- 2345 (c) regarding the contract. McCandless: Second. Corrie: Okay. Motion has been made and second. Roll call vote, Mr. Berg. Roll Call: Bird, aye; Nary, aye; de Weerd, aye; McCandless, aye. All ayes. MOTION CARRIED Corrie: Mr. Bird, who all do you want here? Just the four of us and the attorney? Bird: The four of us and Attorney Nichols. (Executive Session) Meridian City Council Meeting June 24, 2002 Page 31 of 32 Corrie: I'll entertain a motion to come out of Executive Session. Bird: So moved. Nary: Second. Corrie: Okay. Motion has been made and second. All those in favor say aye. Okay. Let the record show that no decisions were made other than what will be done in open public meetings. Council— Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: On this lease with the Meridian Chamber of Commerce, there has been a, I guess, a couple of changes unbeknownst to the City that was sent to us signed by the President of the Chamber and approved by their board. We had sent them over an exhibit that we would agree with and asked them to look it over and see if they agreed with it. At this time, I would move that we table this lease agreement and that our attorney get with the President of the Chamber of Commerce and a couple of their board members and ask them to come to the July 2nd meeting so we can discuss the changes that were made by them on this lease agreement. De Weerd: That was a long one. Nary: Was that a motion? Bird: That was a motion. De Weerd: Second. Corrie: Motion has been made and second. All those in favor say aye. All ayes. Now you can have a discussion on that. That concludes our agenda. I will entertain a motion—Oh, don't forget the first of January we have a meeting with the ACHD and City Council— De Weerd: January? Corrie: I'm going to be the only one there so make that a notice. De Weerd: Happy New Years. Corrie: Happy New Year, Mayor. Bird: You mean we don't have to come to any more meetings? Meridian City Council Meeting July 2, 2002 Page 5 of 65 Corrie: Okay. Motion has been made and seconded. Is there any further discussion? Hearing none. All those in favor of the motion say aye. Opposed no. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: (Items Moved from Consent Agenda) Corrie: No items were removed from the Consent Agenda. Item 7: Tabled from June 24, 2002: Lease Agreement with Chamber of Commerce: Corrie: Item No. 7 is tabled from June the 24th, 2002. This is a lease agreement with the Chamber of Commerce. Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, Joe Borton, Chamber President, is here with some of his board members as you requested they be. The Chamber lease of the Chamber building site in Storey Park has been subject to renegotiations for longer than anybody really cares to admit and there is some final items that need to be cleared up with regard to that and Mr. Kuntz and I, in discussing those items in correspondence that went to Mr. Borton, just need some clarification as to the respective intent in what's been done before. So Mr. Borton -- I believe you have in your materials -- and may not -- it shouldn't be on the CD ROM, but a hard copy, of a letter from Mr. Borton dated July 1 st, which addresses the issues that -- in the lease agreement that the Chamber signed there was -- there were some things deleted and some things added and just to review those, there was a provision under use of premises which required the city to maintain landscaping and watering of the premises, which would essentially be anything outside of the Chamber building and there is -- so we need some discussion on that, maybe clarify that in terms of what does that mean with regard to flower beds or shrubbery. There was a right of inspection paragraph that was removed, but that right of inspection paragraph was a carry over from the prior lease. It looked to be boilerplate language that came over from a lease where someone would be leasing the building, as opposed to just leasing the land. So perhaps that doesn't need to be in there. There was also a deletion of a portion of a default paragraph regarding nonpayment and since this is a relatively small lease, which has all of the lease payments made up front, that's, in my estimation, not a major issue. The lease is for 50 years and at the end of that time if -we renegotiate a new lease, we can deal with any issues regarding nonpayment or whatever at that time, if any of us are still here. Those are really the only things that I think need to be discussed. There is also an issue raised by Mr. Kuntz with regard to snow removal and what the parties expectations were regarding that. Corrie: Okay. Nichols: I don't think I have left anything out. If I have, Mr. Borton can tell me. Borton: Thank you, Mr. Mayor, Members of the Council, you haven't left anything out. The letter from July 1 st tried to address some of those concerns. Meridian City Council Meeting July 2, 2002 Page 6 of 65 Corrie: Name for the record, please. Borton: Oh. Joe Borton. My address? Corrie: Thank you. 1005 White Lily in Meridian. De Weerd: I think he should be sworn. Borton: Let the record reflect that Councilwoman de Weerd is being difficult. The only issue that -- two of the issues, one of them brand new, at least to me. I talked with Terry briefly, is the issue of snow removal. The other one that I didn't think -- it never appeared to be one that was still up in the air was the issue of landscape maintenance, the watering and maintaining the landscape. It's always been our impression that the city -- city property directs the landscaping and with our talks with Tom and Elroy was going to water it and maintain it. They are set up now I believe now where it's on the city's irrigation system, so I'm kind of in the dark. With regards to shrubberies and flowers, whether that's going to be something separate that the Chamber is going to maintain, it's kind of new to me to hear something like that. There is a comment that it's a gray area and I just don't know really where the line would be drawn who waters the rhododendrons, but not the evergreen shrubs and whatnot. It was our understanding -- and Teri Sackman can comment on that as well -- that the city's master plan with regards to landscaping for Storey Park would contain landscaping the park in or around the Chamber building and that would be maintained by the city and controlled by the city. So that's our understanding and that's the insertional language in the lease, which is approved by our board. So if there is any further questions on that -- Corrie: I guess, Joe, you want the city to put the flowers in and keep it up? I think before the Chamber put some flowers in and we watered them or -- I don't know. That was what Tom was wondering is if you put the flowers in, do you want us to take care of them or do you want us to put the flowers in -- just as a gray zone for him and if you want him to do it all, he'll do it all, or if you want to do part of it, you can do part of it. So that was where his confusion was coming in. Borton: Okay. Mr. Mayor and Members of the Council, one of the things -- Tom's been pretty cooperative in trying to get our input as to the landscaping plan and it went as far as the Chamber being willing in our solicitation efforts for building fund to also solicit funds f or planting material, things of that n ature. We h aven't done that, b ecause -we wanted to hear, really, what the parks grand plan was. If the Chamber wanted to make it gravel and asphalt all around, that probably wouldn't fit. So we have been pretty cooperative throughout. The Chamber's involvement through Tom's direction would be to assist in obtaining materials, if we are going to be out there and help plant them, we can do a planting party or whatnot, we will do that, but from thereon afterwards it would be the city's responsibility to maintain, alter, or amend as they see fit. Corrie: Tom -- oh, you're here. I'm sorry. You're here and so am I now. Tom. Kuntz: Mr. Mayor and Council, just to clarify a couple of things. I don't think the grounds maintenance pertaining to turf, trees, and irrigation systems has ever been an issue, nor is i t a n i ssue i n t his c ase w ith t he p arks d epartment. The i ssue i s i f t he C hamber i s Meridian City Council Meeting July 2, 2002 Page 7 of 65 requesting a higher level of landscaping directly adjacent to their building, to the sides and right in front where the walkway is and stuff, we are willing to help plant that and cooperate with the Chamber to make that happen, but to maintain those flower beds is a level of service that is higher than we would provide if it were a normal park setting and there is a cost that goes along with that as far as staff time to maintain the flower beds a nd s hrub b eds a nd so I g uess the i ssue with o ur d epartment i s what I evel of service does the Chamber want to see directly in front of their building and I'm talking about right in front of the front windows, that type of thing. It's a level of service that we are not prepared at this time to maintain with extra -- without extraordinary costs being incurred by the parks department. So maybe if we could address that issue first and then come back to the snow removal and upkeep of the parking lot. You know, over a 50 year period there will need to be some sealing done, some restriping of lines and that type of thing, and, really, all we are looking for is direction from the City Council. We will do whatever the Council requests us to do. Sackman: Mr. Mayor, Teri Sackman, 2551 Misty Drive. You want to swear me in, Tammy? I can speak to the landscaping directly. Following the ribbon cutting for the new playground in Storey Park I met with Elroy and he basically -- we did a walk around the building, I said what are you thinking, we were both thinking the same thing, low maintenance sod, trees. He had one area where he had suggested that he would like to put in bushes and flowers, but I'm not sure whether that was the final plan or not. The parking lot has some bushes and flowers at the moment. At that time basically I gave -- told Elroy the position of the Chamber board is that since the parks department will be putting their landscaping and maintaining it, that whatever the parks department wanted to do was fine with the Chamber board. So if -- so whether or not we put bushes in, I guess, is -- according to the Chamber board, is up to the parks department staff. There is one area right in front of our building that faces the parking lot. There has been some talk about putting in -- putting our pavers back in as a patio and if we do that, my verbal agreement with Elroy is that the park staff would not be expected to do that, it will either be an Eagle Scout project or we will contract that out, but as far as the rest of the landscaping, that will be up to the park staff and I guess that probably answers those questions for you. Oh, I will also mention that I have contacted Du -Rite Nursery and Victory Greens, both who have indicated an interest in doing some donation of plants and/or sod. As soon as Elroy gets with them with a plan, they will tell us what they will be able to donate, so -- Kuntz: Mayor and Council, just to clarify Teri's comments. It sounds like the Chamber is willing to go along with us with our landscaping plans with the understanding that there will be a low level of maintenance required for those items. Sackman: That is correct. You want to talk parking now? Borton: With regards to the snow removal. Kuntz: Two issues on the parking, Council and Mayor. One is on snow removal in the -- the parking lot area in the past we have not done snow removal in the parking lot, because the park technically is not being used during snow season. We do maintain sidewalks, however, because we have the equipment necessary to do that. There may be an opportunity this year at budget time to add a cab over our piece of equipment that Meridian City Council Meeting July 2, 2002 Page 3 of 65 we would use for snow removal and we would certainly be willing to provide that service as part of our normal snow clean up in that park. But that would be one issue. And then the other one would be as far as sealing the parking lot and restriping it, because that will need that -- that asphalt need that over a 50 year period of time. De Weerd: How about insulated coveralls? Nary: I was thinking the exact same thing. Corrie: Could be a cold winter. Okay. De Weerd: Mr. Mayor? Corrie: Ms. de Weerd. De Weerd: Joe, I think the reason we asked you to be here is there were a couple of changes with no cover letter explaining the changes when we got it back and so it was felt that we would like to just hear your comments and I don't think anyone on -the Council addressed any concern on maintenance and neither did our staff. So it was just to get some clarity on that -- on the couple of items that our city attorney pointed out and we appreciate you and your board members being here. Borton: Not a problem. Corrie: Okay. Any other comments? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Joe, in your letter you had one concern of when the parking lot was going and the public restrooms were going to open. Borton: Absolutely. Bird: Do we have a date on them, Tom, on the public restrooms? Huff: Mr. Bird? Bird: Yes. Huff: On the public restrooms I think the only thing we are waiting for on those is the partition doors. During construction there was a couple of changes made and so the once that we did get or were going to end up with did not fit, so we sent those back -- Tom I believe we sent those back to get those made to fit those openings and we expect those pretty soon. I should have heard something yesterday about that, but I didn't get the message when they would be here. The rest of the bathroom is done and they a re basically functional, t here i s j ust no p rivacy d oors on them. Otherwise, they work fine. As far as -- what was the other question? About parking lot? Paving? What Meridian City Council Meeting July 2, 2002 Page 9 of 65 I'm facing there is during the construction we had a main irrigation line fail one evening. We rerouted that so it would no longer be under the parking lot surface. What we experienced there over the next few days, we just filled that whole thing up with water and we let it sit for, you know, as long as we could and we thought we could start to work it and there is really a good base under there, it was really hard, and it has a little bit of clay and rock and stuff in it, but now that it's saturated it's dry time is really really slow and we tried to get it to where we could plumb it -- or I mean pave it last week, but it was still pumping in certain sections and the paving company would not warranty it if we did it that way. So my guess is that we are going to start using that pretty soon as a gravel base and if it takes -- I took an estimate from them to do excavation and some map work down in there and some fill and redo that and they wanted 5,000 dollars and I won't do it. And so if it has to sit three weeks to dry out, it will sit three weeks and then we can pave it and I'll get them to warranty it before they do. Whatever equipment -- we took some heavy equipment on it and there is about three little areas out there that we are pumping that they wanted me to sign off and at the time Tom and I talked about it, we decided not to do it and then -- but it will be usable, it will just be that gravel base until it finally dries out and then we will pave it. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: So, in other words, our public restrooms, because of the non -privacy, are not open for the public? Huff: That's the only reason they are not open at this point. Bird: So our participants in the playground and stuff have no place to go to any restrooms in the park? Huff: We have some portables out there and we still have the other restrooms available. There is some further away and we just point people in that direction. But as soon as those are here and Tom gets those in, we will open those right up. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Can you put some kind of temporary sign on the Chamber building or where your bathrooms would be to kind of direct them where the other bathrooms are and that they have portables to use in the meantime or where the permanent facilities are? Kuntz: Mayor and Council, we have actually ordered a permanent sign that will go on the side of the building, so if you are in the shelter area, you will be able to visually see the sign with an arrow pointing to the bathrooms. In the meantime, we are supposed to have portables out there and if they are not out there or they are not in a location where they are readily visible, we will make sure they get moved before the Fourth of July, so that they are there. Meridian City Council Meeting July 2, 2002 Page 10 of 65 De Weerd: That would be good. Huff: Yeah. We will have -- you know, we get a lot of people in there on the Fourth and so we have portables coming back in tomorrow and they will be up close to the Chamber of Commerce building and -- but very accessible and then the other bathrooms on the other side will be open, too. We will have that covered for the weekend. De Weerd: Okay. Huff: Sorry about the slowness on the parking lot. It was just one night of a mess and just couldn't -- Corrie: Any other questions? Comments? Bird: I have none. Corrie: Okay. What's the recommendation of Council on this lease? Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I believe that we have, according to Mr. Borton's letter with our attorney, we have worked out the wording in a couple areas that was questionable; am I correct? Am I correct? Corrie: Looking at the two attorneys. Nichols: Mr. Mayor and Members of the Council, I think you need to -- it sounds to me like basically what you're saying and what the Chamber and the parks department is saying, the existing language that is in the lease that's signed is adequate with regard to maintaining landscaping and irrigating landscaping at the Chamber building. I mean that's what I gleaned out of -- Corrie: You got it. Nichols: The issue of snow removal, well, you haven't told us -- Tom has told us that he hasn't removed snow from the parking lot in previous years and the lease is silent as to snow removal from the parking lot and the record would say -- I mean not that we get -- you know, it's not North Dakota, but if you want the parks department to remove snow from the Chamber parking lot, we need to write it into the lease. De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Although I haven't heard about the covered cab, I do remember when we purchased some equipment, they said we could get a blade on it for snow removal, so I Meridian City Council Meeting July 2, 2002 Page i l of 65 don't think that should be an issue. I think the city could probably take care of all the snow that this area gets. Borton: Mr. Mayor? Corrie: Joe. Borton: Members of the Council, that snow removal could also be accounted for under the general maintenance of the property and premises, not unlike needing to mow the yard when the grass is long or pull the weeds, the removal of snow from the premises as well, so perhaps the language that's in there covers that contingency whenever it does arise. Nary: Mr. Mayor? Corrie: Mr. Nary. Nary: Not to beat this horse to death any further, but I mean it is a park, it is open, I mean I don't think it matters if it's winter, I have seen kids in there playing in the wintertime and we have one less road to remove snow on in there now, so I don't see any reason we can't get it done. So I'm satisfied. I think Councilmember de Weerd was correct, Joe. I think the reason we just asked this, because if your letter had previously come we probably would have been fine. So I think it's fine. Corrie: Okay. Nichols: Mr. Mayor, then, it sounds to me that what you need to do is approve the lease as it's already signed, then. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I'd approve the lease with the Chamber of Commerce of Meridian as presented and signed by the Chamber. McCandless: Second. Corrie: Motion has been made and seconded. Any other discussion? Borton: Mr. Mayor, Members of the Council? Corrie: Joe. Borton: Just for the record to be clear, there is $14.00 remaining on the lease. We do have a check, which we can't present until tomorrow. So we will put it in the mail. Just to let you know. Nary: Thanks for bringing it up. Meridian City Council Meeting July 2, 2002 Page 12 of 65 Corrie: Since it's coming from the attorney we will accept that. De Weerd: I'm glad you did that before we voted. Bird: Yeah. Corrie: Any other discussion? Okay. All those in favor of the motion say aye. Opposed no. All ayes. Thank you, Joe. MOTION CARRIED: ALL AYES. Item 8: Resolution No.: Adoption of Strategic Plan of the City of Meridian: Corrie: Item No. 8 is a resolution, adoption of the Strategic Plan of the City of Meridian. Resolution No. 02-378. Okay. If you would, please, read the Resolution by title only, please. Berg: Thank you, Mr. Mayor, Members of the Council. Ordinance -- or, excuse me, Resolution No. 02-378, a Resolution of the Mayor and City Council of the City of Meridian to provide for findings and to establish a comprehensive strategic plan for the City of Meridian providing for clear insight regarding the major challenges facing the city, providing for goals, objectives, major initiatives, and anticipated actions established by each city department and providing an effective date. Corrie: Okay. You have heard the Resolution No. 02-378 read by Title only. Is there anyone from the audience that would like to have it read it its entirety? Okay. Council, any discussion on Resolution 02-378? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: I don't know. I think this resolution says a great deal as to the commitment from the City of Meridian and the elected officials to create a vision for our community and a deep commitment to public service and customer service to our public. It sets out a vision as to the direction that we would like to see this community proceed and we have great involvement of our city employees. It also identifies the key issues and challenges that are facing this community and the decision makers. So it is a first step to kind of set a direction and a vision to where we want to go and this is a real exciting opportunity to share this to the community. So I would invite anyone interested in seeing this document to certainly come by City Hall and get a better idea of some of the things that face each of our individual departments, as well as the direction that we see the city going in the next -- in the years to come. So I just -- we had great participation and it's, indeed, a pleasure to see this document come in front of us and its adoption, so -- Nary: Mr. Mayor? 215 E. Franklin Road • P.O. Box 7 Meridian, Idaho 83680 CHAMBER COMMERCE (208) 888-2817 • Fax (208) 888-2682 April 11, 2003 Mayor Robert Corrie Meridian City Council 33 E. Idaho Ave. Meridian, ID 83642 Dear Mayor Corrie and City Council, RECEIVED APR 1 12003 City of Meridian City Clerk Office The Meridian Chamber of Commerce is preparing to sign our parking spaces at our office in Storey Park, and we have been advised by the Meridian Police Department to be sure that we have a formal agreement with you regarding them. At the time we expanded our building, and the Parks Department installed the new parking lot, we had a verbal agreement that the 12 parking spaces we originally had would be available to us in the new plan. Should the Chamber sign that many spaces as Chamber only, there would only be 7 spaces left for Park visitors in the "new" lot. As you may know, if you have been to or past the Park anytime in the last 9 months, the new parking lot can be completely full on nice days, just with Chamber staff and Park visitors. The Chamber is, therefore, willing to compromise on the number of spaces we sign; and we request that we have 6 spaces. That gives us one space each for our three staff members and one Visitor Center volunteer, and two for visitors. Those spaces would be signed as Chamber only spaces from 8 am to 5 pm, Monday through Friday, and would include "violators will be towed" signs with the required information. As Captain Musser has requested, we would like to have a written agreement with the City to prevent any argument that the Chamber can't have people towed from City property. The proposed agreement is attached. In addition, we had a verbal agreement with the Parks Department that we could erect a sign on the east side of the Franklin Road entrance for RV parking for the Visitor Center. This would not be a "towable" area, but would direct travelers with RV's and large trailers to convenient parking. We would sign that as soon as possible, even though the construction workers for the AutoZone store use it as their parking area. We request an agreement be reached as soon as possible. Already this spring, we have had times when the staff could not use our parking lot due to the volume of Park visitors. Please contact me if you need Chamber representatives to appear before the Council on this issue. Sincerely, 4err)��/atfiRson�� Pr,,qddent of the Board LEASE ADDENDUM BETWEEN THE CITY OF MERIDIAN and the MERIDIAN CHAMBER OF COMMERCE PARKING AGREEMENT In accordance with the lease held by the Meridian Chamber of Commerce from the City of Meridian to operate the Chamber office and Visitor Center in Storey Park, the City agrees that the Chamber shall have six (6) parking spaces designated for sole use of the Chamber for staff and customers. These spaces will be signed by the Chamber for their sole use from 8 am to 5 pm, Monday through Friday. In addition, these spaces will be signed such that persons parking in these spaces in violation of their reserved nature, will be subject to towing at the violators' expense. All signage will be provided by the Chamber and their towing company of choice, in accordance with City ordinance, and will be erected in cooperation with the City Parks Department. Secondly, the City agrees that the Chamber may sign the east side of the Franklin entrance road into the park for RV parking, to indicate the safest and easiest location for travelers who stop at the Visitors' Center driving RV's or pulling trailers. This area will not be signed as a "towable" area. LEASE ADDENDUM This Addendum is made and entered into this 2`7 day of*� , 2003, by and between the CITY OF MERIDIAN, a municipal corporation, hereinafter referred to as "City", and the MERIDIAN CHAMBER OF COMMERCE, INC., an Idaho corporation, hereinafter referred to as "Lessee". RECITALS: WHEREAS, on June 20, 2002, the parties entered into a Lease between the "City" and the "Lessee"; and WHEREAS, the "Lessee" is now ready to sign the parking spaces at their office located in Storey Park, and the number of parking spaces, along with parking signage, has been agreed upon between the two parties; and WHEREAS, the "Lessee" desires to place a sign on the east side of the Franklin Road entrance for RV parking for the Visitor Center in Storey Park, and said signage has been agreed upon between the two parties. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency whereof are hereby acknowledge, the "City" and the "Lessee" covenant and agree as follows: "City" agrees that the "Lessee" shall have six (6) parking spaces designated for sole use of the "Lessee" for staff and customers. These spaces will be signed by the "Lessee" for its sole use from 8:00 a.m. to 5:00 p.m., Monday through Friday. In addition, these spaces will be signed such that persons parking in these spaces in violation of their reserved nature may be subject to towing at the violators' expense. LEASE ADDENDUM PAGE 1 OF 4 All signage will be provided by the "Lessee" and their towing company of choice, in accordance with City ordinance, and will be erected in cooperation with the "City". 2. The "City" agrees that the "Lessee" may sign the east side of the Franklin entrance road into the park for RV parking, to indicate the safest and easiest location for travelers who stop at the Visitors' Center driving RV's or pulling trailers. This area will not be signed as a "towable" area. LEASE ADDENDUM PAGE 2 OF 4 ACKNOWLEGEMENT IN WITNESS WHEREOF, the parties have subscribed their names and have set their seals on the day and year first above written. off:Fl 1hJj�1�1 016,a BEAL Attest: "CITY" CITY OF MERIDIAN, IDAHO 33 E. Idaho Street AreM"x- Meridian, Idaho 83642 [Ly- Ho—n'ole Robtrt ID. Corrie, Mayor William G. Berg, Jr., Cit Cierk ��,\``'; III 1.111111j/t/,'''!` OF a`o This Lease Addendum approved by the Merdian oun ting�r on the 6-L* day of llla , 2M3. SICAL - illiam G. Berg, Jr., City Cl regular session "LESSEE" MERIDIAN CHAMBER OF COMMERCE 215 E. Franklin Road P.O. Box 7 Meridian, Idaho 83680 1ison,President Attest: LEASE ADDENDUM PAGE 3 OF 4 STATE OF IDAHO, ) ss: County of Ada, ) On the gq4 h day of ap rd , 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared GERRY MATTISON and Te r 5a % , 5R tk ma r] __.,known tome to the President and AAe ,Exec Uz6,V� bdV`,ec- er of the Meridian Chamber of Commerce, Inc., the persons whose names are subscribed to the within and foregoing instrument and acknowledged to me that they executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first above written. (SEAL) +•,�•'•` �il,(8��'�;'s • �4 �.RY �0 0 mac+ o 4: 192r, TS STATE OF IDAHO, ) ss: County of Ada, ) L_ Notary Public for Idaho Residing at: I-CdiA Commission Expires: 10 3 On the —LP I day of , 2003, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., known to me to the Mayor and the City Clerk of the City of Meridian, the persons whose names are subscribed to the within and foregoing instrument and acknowledged to me that they executed the same on behalf of said City. IN WITNESS WHEREOF, I have hereunto affixed my official seal the day and year first above writtc...I. (SEAL) m ■■. 9-hoavjgYU7� Notary Public for Idaho ` Residing at: Ac�� )JcJ� Commission Expires: - D ZAWork1MWeridian\Meridian 15360WChamber of Commerce Ground Leas6LEASE ADDENDUM.doc LEASE ADDENDUM PAGE 4 OF 4