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Warranty Deed Tully Park - Betty Tully Property
THIS FORM FURNISHED COURTESY OF: STEWART TITLE OF IDAHO, INC. READ & APPROVED BY GRANTEE(S): {4105 'uUUJU _ STEWARTTM.E AD .FOR J. DAVM d, i R 0 RECORDER BY . (12 vz� '92 NOU 19 RM 1101 SPACE ABOVE THIS LINE FOR RECORDING DATA Order No.: 92034627 PW WARRANTY DEED FOR VALUE RECEIVED BETTY L. TULLY, AN UNMARRIED WOMAN GRANTOR(S), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto CITY OF MERIDIAN GRANTEE(S), whose current address is: 728 MERIDIAN STREET, MERIDIAN, IDAHO 83642 the following described real property in ADA County, State of Idaho, more particularly described as follows, to wit: As set forth on the attached EXHIBIT "A", which by this reference becomes a part hereof. THIS DEED IS BEING RECORDED TO CORRECT THAT LEGAL, DESCRIPTION CO AINED UNDER WARRANTY DEED RECORDED SEPT. 2, 1992, AS INSTRUMENT NO. 9259375 RECORDS OF ADA COUNTY, IDAHO. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrrant and defend the same from all lawful claims whatsoever. Dated: November 17, 1992 BETTY L TULLY STATE OF IDAHO ) COUNTY OF ADA ) On this PE, day of N C -`J , in the year of � �" � , before me, the undersigned, a Notary Public in and for said State, personally appeared BETTY L. TULLY known or identified to me to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same. T K,AyTl,'Jgy'���`,O°NTZ Signatu ESTA,IF�,);*Iro Name: KATHY C, TTZ (type or print) My G mrr!:c-_-,Vn Expires £-i6_97. Residing at: BOISE, IDAHO Residing at: Boise, ID Commission Expires: 08/15/97 ORDER NO. 92034627 PW EXHIBIT "A" The Southwest 1/4 of the Northwest 1/4, Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, State of Idaho. EXCEPT: All real property in MERIDIAN PARK SUBDIVISION NO. 1 according to the Official records of the recorder, Ada County, Idaho and Lot 1 in Block 4 of Proposed MERIDIAN PARK SUBDIVISION NO. 2, Ada County, Idaho, more particularly described as follows: Commencing at the quarter corner common to sections 1 and 2, Township 3 North, Range 1 West, Boise -Meridian, Ada County, Idaho; thence along the quarter section line South 89 degrees 27112" East 40.00 feet to a point on the proposed East right-of-way line of Linder Road, said point being THE REAL POINT OF BEGINNING; thence along said right-of-way line North 0 degrees 00129" West 85.00 feet; thence leaving said right-of-way line South 89 degrees 27112" East 120.00 feet; thence South 0 degrees 00129" East 85.00 feet; thence North 89 degrees 27112" West 120.00 feet to THE REAL POINT OF BEGINNING. ALSO EXCEPTING Any portion of SHERI LYNN SUBDIVISION lying within the Southwest quarter of the Northwest quarter Section 1, Township 3 North Range 1 West, Boise Meridian, Ada County, State of Idaho. ALSO EXCEPTING Any portion of Right-of-way for LINDER ROAD. THIS FORM FURNISHED COURTESY OF: STEWART TITLE OF IDAHO, INC. 5259375 �T�yyp,RT TITLE JkkRA CQl114TY.I0. �,.. � �IiauAi i READ & APPROVED BY GRANTEE(S):' SPACE ABOVE THIS LINE FOR RECORDING DATA {4105} Order No.: 92034627 PW/KC WARRANTY DEED FOR VALUE RECEIVED BETTY L. TULLY, AN UNMARRIED WOMAN GRANTOR(S), does(do) hereby GRANT, BARGAIN, SELL and CONVEY unto CITY OF MERIDIAN g--.0 GRANTEE(S), whose current address is: 728 MERIDIAN STREET, MERIDIAN, IDAHO 83642 the following described real property in ADA County, State of Idaho, more particularly described as follows, to wit: As set forth on the attached EXHIBIT "A", which by this reference becomes a part hereof. TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee(s), and Grantee(s) heirs and assigns forever. And the said Grantor(s) does(do) hereby covenant to and with the said Grantee(s), that Grantor(s) is/are the owner(s) in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee(s); and subject to reservations, restrictions, dedications, easements, rights of way and agreements, (if any) of record, and general taxes and assessments, (including irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that Grantor(s) will warrrant and defend the same from all lawful claims whatsoever. Dated: August 31, 1992 BETTY L. TJLLY STATE OF IDAHO ) COUNTY OF ADA ) On this ( day of . , in the year of before me, the undersigned, a Notary Public in and for said State, personally appeared BETTY L. TULLY known or identified to me to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same. ina =N(`TAF'� NTZ l IO �"t Name: KATHY C00 Z u�(type ur p,i.0 Residing at: BOISE, IDAHO � My Comrs€6wetcn - pis 8 15 97. n..iAlnn at: Boise VD My Commission Expires: 08/15/97 6 ORDER NO. 92034627 PW/KC EXHIBIT "A" The Southwest 1/4 of the Northwest 1/4, Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, State of Idaho; except therefrom, a strip approximately 100 feet in width along Five Mile Creek, more particularly described as follows: Portions of the Southwest 1/4 of the Northwest 1/4, Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; Commencing at the 1/4 corner common to Sections 1 and 2, Township 3 North, Range 1 West, Boise Meridian• thence North 0 degrees 00129" West 1001.70 feet to THE REAL POINT OF BEGINNING, thence North 0 degrees 00132" West 331.20 feet, thence South 89 degrees 15140" East 96.69 feet, thence South 0 degrees 26104" West 291.98 feet, thence South 32 degrees 37102" East 110.41 feet, thence South 57 degrees 12123" East 1396.47 feet, thence South 0 degrees 03137" West 118.88 feet, thence North 57 degrees 12123" West 1482.55 feet, thence North 32 degrees 37102" West 151.10 feet to THE REAL POINT OF BEGINNING. ALSO EXCEPT: A portion of the Southwest 1/4 of the Northwest 1/4, Section 1, Township 3 North, Range 1 West, Boise, Meridian, Ada County, State of Idaho, more particularly described as follows: Commencing at the 1/4 corner common to sections 1 and 2, Township 3 North, Range 1 West, Boise -Meridian, Ada County, Idaho; thence along the 1/4 section line South 89 degrees 27112" East 40.00 feet to a point on the propaued-East right-of-way line of Linder Road, said point being THE REAL POINT OF BEGINNING; thence along said right-of-way line North 0 degrees 00129" West 85.00 feet; thence leaving said right-of-way line South 89 degrees 27112" East 120.00 feet; thence South 0 degrees 00129" East 85.00 feet; thence North 89 degrees 27112" West 120.00 feet to THE REAL POINT OF BEGINNING. ALSO EXCEPT: Any portion of Linder Road and Five Mile Creek. STEWART TITLE OF IDAHO, INC. "Setting The Standard of Quality" To: CITY OF MERIDIAN Date: October 09, 1992 728 MERIDIAN STREET MERIDIAN, IDAHO 83642 Escrow No.: 9034627 PW In connection with the above referenced transaction, we enclose the following: ( ) Our check in the amount $ ( x ) Original Deed recorded September 20, 1992 as Instrument No. 9259375 ( x ) Title Insurance Policy No. 0-9981-270827 "THANK YOU" for the privilege of serving you. Please remember to designate STEWART TITLE OF IDAHO, INC. in your next title or escrow closing transaction. If you should have any questions or if we may be of further assistance, please do not hesitate to contact the undersigned. Sincerely, //JJ STEWART T�'LE.QF I , ®i1r� rno Enclosure(s) I 1412 WEST IDAHO STREET - POST OFFICE BOX 7546 - BOISE, IDAHO - 83707 208-336-6515 - 1-800-658-3824 - FAX 208 343-4898 ALTA OWNER'S POLICY — 4-6-90 POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE GUARANTY COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE GUARANTY COMPANY, a Texas corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in SqN A being vher than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. CompanysS;' City, State EXCWSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (indudinq,bo not limited to,.building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or en ay at of the laAd; (u) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or p change in the din"Jons or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these lawn"oMinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. ;n,rrr (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws. Iw yNo.0-9981- 2 7 0 8 2 7 001 (Rev. 4-6-90) clb L� Premium Amount: $ is 715.00 S C H E D U L E- A Order No.: ST -92034627 PW Policy No.: 0-9981-270827 Date of Policy: SEPTEMBER 02, 1992 at 4:19 P.M. Amount of Insurance: $ 150,000.00 1. Name of Insured: CITY OF MERIDIAN 2. The estate or interest in the land described herein and which is covered by this Policy is: FEE SIMPLE 3. The estate or interest referred to herein is at the date of policy vested in: CITY OF MERIDIAN 4. The land referred to in this Policy is situate in State of IDAHO, County of ADA: The Southwest 1/4 of the Northwest 1/4, Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, State of Idaho; except therefrom, a strip approximately 100 feet in width along -Five Mile Creek, more particularly described as follows: Portions of the Southwest 1/4 of the Northwest 1/4, Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; Commencing at the 1/4 corner common to Sections 1 and 2, Township 3 North, Range 1 West, Boise Meridian; thence North 0 degrees 00129" West 1001.70 feet to THE REAL POINT OF BEGINNING, thence North 0 degrees 00132" West 331.20 feet, thence South 89 degrees 15140" East 96.69 feet, thence South 0 degrees 26104" West 291.98 feet, thence South 32 degrees 37102" East 110.41 feet, thence South 57 degrees 12123" East 1396.47 feet, thence South 0 degrees 03137" West 118.88 feet, thence North 57 degrees 12123" West 1482.55 feet, thence -1- Owner's Schedde A ATTACHED TO AND MADE A PART OF STEWART TITLE GUARANTY COMPANY POLICY NO.: 0- 9981-270827 Order No.: ST -92034627 PW North 32 degrees 37102" West 151.10 feet to THE REAL POINT OF BEGINNING. ALSO EXCEPT: A portion of the Southwest 1/4 of the Northwest 1/4, Section 1, Township 3 North, Range 1 West, Boise, Meridian, Ada County, State of Idaho, more particularly described as follows: Commencing at the 1/4 corner common to sections 1 and 2, Township 3 North, Range 1 West, Boise -Meridian, Ada County, Idaho; thence along the 1/4 section line South 89 degrees 27112" East 40.00 feet to a point on the proposed East right-of-way line of Linder Road, said point being THE REAL POINT OF BEGINNING; thence along said right-of-way line North 0 degrees 00129" West 85.00 feet; thence leaving said right-of-way line South 89 degrees 2711211 East 120.00 feet; thence South 0 degrees 00129" East 85.00 feet; thence North 89 degrees 27112" West 120.00 feet to THE REAL POINT OF BEGINNING. ALSO EXCEPT: Any portion of Linder Road and Five Mile Creek. -2- owner's schedule A SCHEDULE B- PART 1 ORDER NO.: ST -92034627 PW POLICY NO.: 0-9981-270827 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: [Printed Exceptions] 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by public record. 2. Any facts, rights, interests, or claims which are not shown by the public records, but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens, or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortages in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims, or title to water. 6. Any lien or right to a lien for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. [Special Exceptions] 7. GENERAL TAXES FOR THE YEAR 1992, A LIEN BUT NOT YET DUE AND PAYABLE. 8. THE LAND DESCRIBED HEREIN IS LOCATED WITHIN THE BOUNDARIES OF THE VILLAGE OF MERIDIAN (888-4433) AND IS SUBJECT TO ANY ASSESSMENTS LEVIED THEREBY. 9. THE LAND DESCRIBED HEREIN IS LOCATED WITHIN THE BOUNDARIES OF THE NAMPA-MERIDIAN IRRIGATION DISTRICT AND IS SUBJECT TO ANY ASSESSMENTS LEVIED THEREBY. FOR CURRENT STATUS CALL 343-1884. 10. EASEMENT, AND THE TERMS AND CONDITIONS THEREOF: In Favor of IDAHO POWER COMPANY, A CORPORATION -1- Owner's Schedule B - Part 1 • 1 , r • ATTACHED TO AND MADE A PART OF STEWART TITLE GUARANTY COMPANY POLICY NO.: 0- 9981-270827 Order No.: ST -92034627 PW Purpose EASEMENT FOR POWER LINES AND INCIDENTAL PURPOSES Recorded MARCH 3, 1975 Instrument No. 7501626 11. EASEMENT, AND THE TERMS AND CONDITIONS THEREOF: In Favor of CITY OF MERIDIAN Purpose SEWER LINES AND INCIDENTAL PURPOSES Recorded JANUARY 11,_1978 Instrument No. 7801821 12. DITCH, ROAD AND PUBLIC UTILITY EASEMENTS AS THE SAME MAY EXIST OVER SAID PREMISES. 13. RIGHT-OF-WAY FOR FIVE MILE CREEK AND THE RIGHTS OF ACCESS THERETO FOR MAINTENANCE OF SAID CANAL. -2- Owner's Schedde B - Part 1 O a W. //4 CORNER SEC. / 30 Z�lO RESOLUTION NO. 2-72- BY: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN AND ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "PUMP STATION OPERATION AND MAINTENANCE AGREEMENT IN TULLY PARK", BY AND BETWEEN THE CITY OF MERIDIAN AND NAMPA & MERIDIAN IRRIGATION DISTRICT. BE IT RESOLVED BY THE, MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with NAMPA & MERIDIAN IRRIGATION DISTRICT, denoted as "PUMP STATION OPERATION AND MAINTENANCE AGREEMENT IN TULLY PARK", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with NAMPA &. MERIDIAN IRRIGATION DISTRICT, entitled "PUMP STATION OPERATION AND MAINTENANCE AGREEMENT IN TULLY PARK", by and between the City of Meridian and NAMPA & MERIDIAN IRRIGATION DISTRICT, a copy of which is attached hereto marked as Exhibit "A" to this Resolution to bind this City to its terms and conditions. RESOLUTION - NAMPA & MERIDIAN IRRIGATION DISTRICT AGREEMENT - PAGE 1 OF 2 PASSED BY THEOUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of 1999. APPROVED BY T . E MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of�Z7y��- , 1999. ATTEST: 1 City Clerk MSG\ZAWork\M\Meridian 15360M\Public Works\ResolutiontTULLYPARICAgmt RESOLUTION - NAMPA & MERIDIAN IRRIGATION DISTRICT AGREEMENT -PAGE 2 OF 2 a r MSG\ZAWork\M\Meridian 15360M\Public Works\ResolutiontTULLYPARICAgmt RESOLUTION - NAMPA & MERIDIAN IRRIGATION DISTRICT AGREEMENT -PAGE 2 OF 2 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Cleric of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the day of 1999, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, SETTING FORTH CERTAIN FINDINGS AND PURPOSES; AUTHORIZING THE MAYOR AND CITY CLERIC TO SIGN AND ENTER INTO, ON BEHALF OF SAID MUNICIPALITY, AN AGREEMENT ENTITLED "PUMP STATION OPERATION AND MAINTENANCE AGREEMENT IN TULLY PARK", BY AND BETWEEN THE CITY OF MERIDIAN AND NAMPA & MERIDIAN IRRIGATION DISTRICT. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: WHEREAS, it is in the best interests of the City of Meridian to enter into an agreement with NAMPA & MERIDIAN IRRIGATION DISTRICT, denoted as "PUMP STATION OPERATION AND MAINTENANCE AGREEMENT IN TULLY PARK", a copy of which is attached hereto marked as Exhibit "A" to this Resolution, the reasons and authority for which are as set forth in said agreement. CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL as follows: 1. The Mayor and Clerk are hereby authorized to enter into and on behalf of the City of Meridian that certain agreement with NAMPA & MERIDIAN IRRIGATION DISTRICT, entitled "PUMP STATION OPERATION AND MAINTENANCE AGREEMENT IN TULLY PARK", by and between the City of Meridian and NAMPA & MERIDIAN IRRIGATION DISTRICT, a copy of which is attached hereto marked as Exhibit "A" to this Resolution to bind this City to its terms and conditions. 'a X TX I SEAL LLIAM G. BERG, J 7 - STATE STATE OF IDAHO,���"11, County of Ada, On thisay of in the year 1999, before me, t�� a Notary Public, appeared WILLIAM G. BERG, JR., known or identified to me to be the City Clerk of the City of Meridian, Idaho that executed the said instrument, and acknowledged to me that he executed the same on behalf of the City of Meridian. do �4+ ......jstd ( ) otary Public for Idaho ,y ���, Commission Expires:���o a u r zo •• • �O d msg\Z:\WOr `mi@P1an 15360NITublic Works\NampaMeridianIrrigDistCertofClerIcAgmt CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN City of Meridian MMR 2 1 `� a Accounting Dept, The Idaho Statesman P.O. BOX 40, BOISE, IDAHO 83707-0040 LEGAL ADVERTISING INVOICE Amount b.. -- 064514 209478 TULLY AND STOREY PARK SHELTER FEE INCREASE CITY OF MERIDIAN 33 E. IDAHO AVE MERIDIAN, ID 83642-2631 LEGAL NOTICE PUBLIC HEARING NOTICE IS HEREBY GIVEN pufsuant to the Ordinances of the City of Meridian and the Laws of -the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on March 21, 2000, for the purpose of reviewing and considering the an increase in fees for park shelters at Tully Park and Storey Park. A more particular description of the above property is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection dur- ing regular business hours. A copy of the application is available upon request. Any and all interested per- sons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 2nd day of March, 2000 WILLIAM G. BERG, JR., CITY CLERK Pub. Mar.10,17, 2000 6557 NT MARCH 10, 17, 2000 Estimated Inches 29 LINES # Affidavits $44.76 Real Inches Legal Number 6557 JANICE HILDRETH , being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto; that said notice was published in The Idaho Statesman in conformity with Section 60-108, Idaho Code as amended, for TWO [E] consecutive weekly ❑ single ❑ consecutive daily ❑ odd skip insertion(s) beginning with the issue of MARCH 10 2000 and ending with the issue of MARCH 17 2000 STATE OF IDAHO ) ss. COUNTY OF ADA ) J� `�°,.•""'' p ° On this 17TH day of MARCH in the year of 2000 before me, a Notary Public, personally appeared JANICE HILDRETH known or identified ! ' to me to be the person whose name subscribed to the within instrument, ; c and being by me first duly sworn, declared that the statements therein 4 ";R';��°°��� �• are true, and acknowledged to me that she executed the same. �����•��� Notary Public for Idaho Residing at: Boise, Idaho My commission expires: Will Berg From: Marlene St.George [ms@whitepeterson.COMI Sent: Monday, May 20, 2002 10:56 AM To: 'bergw@meridiancity.org'; 'greent@meridiancity.org'; 'smiths c@meridiancity.org' Cc: Bill Nichols Subject: FW: Tully Skateboard Park Sharon: I just received a telephone call from Tom Kuntz regarding the Agreement for the Tulley Skateboard Park. He mentioned you did not receive the revised Agreement with the $152,000 amount included. Please find said agreement which was sent over on Friday, the 17th, which had the appropriate change. It is the second document hereinbelow. There were too many documents flying around on this matter on Friday. Whew! Have a great day. Marlene :) > -----Original Message- > From: Marlene St.George > Sent: Friday, May 17, 2002 8:40 AM > To: 'bergw@meridiancity.org'; 'greent@meridiancity.org'; > 'smiths@meidiancity.org' > Cc: Bill Nichols > Subject: Tully Skateboard Park > Purusant to a late telephone call from Tom Kuntz last night, he had a > couple of changes to the Agreement and Addendum to Construction Agreement. > Therefore, first thing this morning I was able to make those changes and > forward them on to your office. > <<Tully Skateboard Park Construction Agreement addendum.doc>> > <<Tully Skateboard Park Construction Agreement.doc>> 1 Tully Skateboard Tully Skateboard Park Construc... Park Construc... Sharon: I just received a telephone call from Tom Kuntz regarding the Agreement for the Tulley Skateboard Park. He mentioned you did not receive the revised Agreement with the $152,000 amount included. Please find said agreement which was sent over on Friday, the 17th, which had the appropriate change. It is the second document hereinbelow. There were too many documents flying around on this matter on Friday. Whew! Have a great day. Marlene :) > -----Original Message- > From: Marlene St.George > Sent: Friday, May 17, 2002 8:40 AM > To: 'bergw@meridiancity.org'; 'greent@meridiancity.org'; > 'smiths@meidiancity.org' > Cc: Bill Nichols > Subject: Tully Skateboard Park > Purusant to a late telephone call from Tom Kuntz last night, he had a > couple of changes to the Agreement and Addendum to Construction Agreement. > Therefore, first thing this morning I was able to make those changes and > forward them on to your office. > <<Tully Skateboard Park Construction Agreement addendum.doc>> > <<Tully Skateboard Park Construction Agreement.doc>> 1 DEC - 7 1999 i n t e r o f f i c e ClIf Of riEU,OIAN MEMORANDUM To: From: Subject: Date: William G. Berg, Jr. Wm. F. Gigray, III NAMPA & MERIDIAN IRRIGATION DISTRICT) PUMP STATION OPERATION AND MAINTENANCE AGREEMENT IN TULLY PARK/ RESOLUTION AND CERTIFICATE OF CLERK December 7, 1999 Will: Please find attached the originals of the Resolution and Certificate of Cleric, pertaining to Nampa & Meridian Irrigation District's agreement with the City of Meridian, of which, you have the original agreement in your possession. The Agreement will need to be presented to Mayor Corrie to obtain his signature, and, of course, your attestation. Please remember the Agreement will need to be recorded, and then forward a conformed, recorded copy to Nampa & Meridian Irrigation District, Public Works and the City Attorney office. If you have any questions, please advise. msg\ZAWork\M\Meridian 15360M\Public Worlcs\ClerkResandCertAgmtTullyPark.Ltr 7 t IRWEIVED N 0 v 2 0 2000 i n t e r' o f f ice CITY OF MERIDIAN MEMORANDUM -- ri'111� t To: William G. Berg, Jr. From: Wm. F. Nichols /? Subject: City of Meridian Parks/Simunich Date: November 20, 2000 Will: Please find attached the original of the Title Policy for the City of Meridian Parlcs/Simunich matter. Please note that I have attached the Invoice in the amount of $215.00. This now completes this transaction, and if you have any questions pertaining to it please advise. msg/Z:\Worlc\M\Meridian\Meridian 15360M\CherryLane Land Exchange\Bergl 12000.Mem ALLIANCE TITLE & ESCROW CORP. 200 EAST CARLTON, STE. 10 - MERIDIAN, IDAHO - 83642 208-888-3150 - 1-877-88TITLE - FAX 208 888-6414 TO: MARLENE WHITE, PETERSON, PRUSS MORROW & GIGRAy 200 E. CARLTON SUITE 31 MERIDIAN, ID 83642 - INVOICE - ORDER NUMBER: 00088367 JG DATE: November 15, 2000 RE: CITY OF MERIDIAN PROPERTY DESCRIPTION: 2405 OF NW4 SEC 1 - DESCRIPTION OF SERVICES AND CHARGES - OWNER'S TITLE POLICY: STANDARD COVERAGE RATE $1,800.00 RECORDING FEES $200.00 mm $ 15.00 AMOUNT DUE $215.00 Customer Copy Accounting Copy File Copy INVOICE PAYABLE UPON RECEIPT. After thirty (30) days, invoice is subject to a 1.5% service charge each month. PLEASE NOTE: Until such time as payment is received on this invoice, the policy/policies, if applicable, issued in connection herewith are NOT in full force and effect. Thank You. JJ TICOR TITLE INSURANCE 13 4036 106 00008279 Policy of Title Insurance American Land SUBJECT TO THE EXCLUSIONS FROM Title Association COVERAGE, THE EXCEPTIONS FROM Owner's Policy COVERAGE CONTAINED IN SCHEDULE B (10-17-92) AND THE CONDITIONS AND STIPULA- TIONS, TICOR TITLE INSURANCE COM- PANY, a California corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, sustained or incurred by the insured by reason of: 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title. 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. This policy shall not be valid or binding until Title to the estate or interest described in countersigned below by an authorized signa- Schedule A being vested other than as tory of the Company. stated therein; Issued by: ALLIANCE TITLE & ESCROW CORP. 200 E. CARLTON SUITE 10 MERIDIAN, ID 83642 (208) 888-3150 n tory TICOR TITLE INSURANCE COMPANY -y � _ President Attest Secretary JJJJJJJJJJJJJ�JJJJJJ JJJJJJJJJJJ(9 JJJJJJJJJJJ ALTA OWNER'S POLICY -17-92) Reorder Form No. 8934 Exclusions from Coverage The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. Conditions and Stipulations 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not constructive knowl- edge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart construc- tive notice of matters affecting the land. (d) "land": the land described or referred to in Schedule A, or in Schedule C if not provided for in Schedule A, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in the applicable Schedule, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section 1(a)(iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "ynmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on; (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (i i) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or dam- age for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE (a) Upon written request by the insured and subject to the options con- tained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph. it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent juris- diction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prose- cute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the fction or proceeding, and all appeals therein, and permit the Company to use" at its option, the name of the insured for this purpose. Whenever IE Premium Amount: $ 200.00 S C H E D U L E- A Order No.: 00088367 JG Policy No.: 13 4036-106 8279 Date of Policy: NOVEMBER 06, 2000 at 4:56 P.M. Amount of Insurance: $ 1,800.00 1. Name of Insured: THE CITY OF MERIDIAN 2. The estate or interest in the land which is covered by this Policy is: FEE SIMPLE 3. Title to the estate or interest in the land is vested in: THE CITY OF MERIDIAN, a Municipal Corporation 4. The land referred to in this Policy is described as follows: situate in State of IDAHO, County of ADA: A parcel located in the Southeast Quarter of the Northwest Quarter of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at a stone monument marking the Southeasterly corner of said Southeast Quarter of the Northwest Quarter (center one-quarter corner) from which a brass cap marking the Southwesterly corner of said Northwest Quarter (one-quarter corner) bears South 89 degrees 48120" West a distance of 2655.19 feet; thence South 89 degrees 48120" West along the Southerly boundary of said Southeast Quarter of the Northwest Quarter a distance of 663.77 feet to the POINT OF BEGINNING; thence continuing South 89 degrees 48120" West a distance of 513.77 feet to a point; thence leaving said Southerly boundary North 0 degrees 11140" West a distance of 56.28 feet to a point; thence North 60 degrees 11'17" West a distance of 174.64 feet to a point on the Westerly boundary of said Southeast -1- Schedule A Order No.: 00088367 JG Quarter of the Northeast Quarter; thence North 0 degrees 41106" West along said Westerly boundary a distance of 59.44 feet to a point; thence leaving said Westerly boundary South 60 degrees 11'17" East a distance of 370.02 feet to a point; thence North 89 degrees 48120" East a distance of 344.94 feet to a point; thence South 0 degrees 38142" East a distance of 18.00 feet to the POINT OF BEGINNING. END OF SCHEDULE A -2- Owner's Schedule A -continued S C H E D U L E B ORDER NO.: 00088367 JG POLICY NO.:13 4036-106 8279 THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: [Exceptions] 1. Rights or claims of parties in possession not shown by the public records. 2. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey or inspection of the premises including, but not limited to, insufficient or impaired access or matters contradictory to any survey plat shown by the public records. 3. Easements, or claims of easements, not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the public records. 6. Taxes or special assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 7. General Taxes for the year 2000, a Lien but not yet due and payable. 8. The Land described herein is located within the boundaries of the CITY of MERIDIAN (888-4433) and is subject to any Assessments levied thereby. 9. The Land described herein is located within the boundaries of the NAMPA-MERIDIAN Irrigation District and is subject to any Assessments levied thereby. For current status call 466-7861. 10. Rights-of-way for Ditches, Tunnels and Telephone and Transmission Lines constructed by Authority of the United States as granted to the United States under provision of Section 58-604, Idaho Code 1947. -1- Owner's Schedule B ATTACHED TO AND MADE A PART OF TICOR TITLE INSURANCE COMPANY POLICY NO.: 13 4036-106 8279 Order No.: 00088367 JG 11. Right-of-way for FIVE MILE CREEK and the Rights of Access thereto for Maintenance of said CREEK. 12. Easement, and the Terms and Conditions thereof: In Favor of CITY OF MERIDIAN Purpose SEWER EASEMENT Recorded JANUARY 11, 1978 Instrument No. 7801820 13. Easement, and the Terms and Conditions thereof: In Favor of CITY OF MERIDIAN Purpose PERMANENT AND TEMPORARY SANITARY SEWER EASEMENT AGREEMENT Recorded MARCH 16, 1992 Instrument No. 9215420 14. Agreement, and the Terms and Conditions contained therein: Between JOY S. FLACK AND JOE SIMUNICH and CITY OF MERIDIAN Recorded MARCH 16, 1992 Instrument No. 9215420 Purpose PERMANENT AND TEMPORARY SANITARY SEWER EASEMENT AGREEMENT 15. Agreement, and the Terms and Conditions contained therein: Between NAMPA & MERIDIAN IRRIGATION DISTRICT and CITY OF MERIDIAN, A MUNICIPAL CORPORATION Recorded DECEMBER 21, 1992 Instrument No. 9288367 Purpose LICENSE AGREEMENT 16. Agreement, and the Terms and Conditions contained therein: Between JOE SIMUNICH AND KATHERINE SIMUNICH, HUSBAND AND WIFE and CITY OF MERIDIAN, A MUNICIPAL CORPORATION Recorded AUGUST 25, 1999 Instrument No. 99084852 Purpose RELEASE AND SETTLEMENT AGREEMENT 17. Agreement, and the Terms and Conditions contained therein: Between JOE SIMUNICH AND KATHERINE SIMUNICH, HUSBAND AND WIFE and CITY OF MERIDIAN, A MUNICIPAL CORPORATION Recorded AUGUST 25, 1999 Instrument No. 99084853 Purpose RELEASE AND SETTLEMENT AGREEMENT -2- Owner's Schedule B ATTACHED TO AND MADE A PART OF TICOR TITLE INSURANCE COMPANY POLICY NO.: 13 4036-106 8279 Order No.: 00088367 JG 18. An Easement for Ingress and Egress as disclosed in Warranty Deed Recorded October 20, 2000 as Instrument No. 100084264. END OF SCHEDULE 3 -3- Owner's Schedule B -Auedwo(] a4j jo uoiloe;sites ayj of pegs!wn; aq Ilegs uo!lonjisep jo ssol 10 load aseo 4o!4m u! 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'ssalun Sj8410 01 pasolos!p aq lou llegs uoljoaS sigl of luensjnd Auedwo(] a4l 01 pap!Aojd luew!elo pamsu! aql Aq !eiluappoo se paleu61sap uo!lewjo;u! IIV •96ewep jo ssol ayj of u!elied Alqe -uoseaj 4o!4m 'Abed pjigl a jo lojjuoo jo Apolsno 941 ui epuejowaw pue eousp -uodsejjoo 'sjoago 'sja6pal 'sNooq 'spjooaj )!e Adoo pue loadsu! 'auiwexe of Auedwo0 941 10 an11eluesejdej pazuo4lne Aue jo; '6u!lum u! 'uo!ss!wjed sp luej6 legs luew!e!0 painsu! aql 'Auedwo0 a4j 10 aA11eluesadej pezu -Oglne Aue Aq palsenbei l! 'je4pnd •96ewep jo ssol aql of u!eved Algeuoseaj 4o!4m 'Aoilod ;O ale0 jai;e jo ajolaq alep a 6uueeq je4iegm 'epuejowew PUB aouapuodsajjoo 'smoego 'sja6pal 'sNooq 'spjom Ile 'Auedwo(] aql to 9A!leluasajdej pazuo4lne Aue Aq peleu6lsap aq Aew se seoeld PUB sewil aige -uose9j 4ons le '6uiAdO3 PUB uoiloadsui 'uo!jeu!wexe jol aonpojd IIe4s pue Auedwo(] a4j 10 9A11eluesajda pazuo4ine Aue Aq 4jeo japun uo!lewwexe of 1!wgns of paj!nbei aq Algeuoseaj Aew juew!elo pamsu! aql 'uo!l!ppe u! •a6ewep jo ssol jo load 4ons 6uu!nbaj siellew jo jaljew a4l of pje6ei 4j!m 'uo!1e6!jiI Aue enu!luoo jo 'alnoasad 'pualep of u011 -e61lgo jo Al!!!ge!! Aue 6u!pniou! 'aleu!wjaj i!e4s Aoilod a4l japun pamsu! 041 01 suo!le6ilgo s,AuedwoO a41 'abewep jo ssol jo;oad pej!nbaj 941 ap!Aojd of luew!elo pamsui a4j jo ajnl!e; aql Aq pao!pnfejd s! Auedwo0 aql 11 '96ewep jo ssol a4j to junowe a4j bu!lelnoleo jo s!seq eql 'elq!ssod luajxa 941 of 'alels Ile4s pue a6ewep jo ssol jo s!seq a4j salnigswo 4oi4m Aoilod s!4l Aq isu!e6e pamsui jallew je4lo jo 'all!l a4j uo 9ouejgwnoua jo ua!l jo 'ui loalap a4j aquosep Ile4s aft-wep jo ssol ;o;oad a4j •96ewep jo ssol a4j of asu 6u1A16 sloel aql u!eljaose llegs luew!elo pamsui a4l jalle sAep 06 ui4l!m Auedwo0 a4j of pags!wnj aq ilegs luewtelo pamsu! a41 Aq of woms pue pau6!s a6ewep J0 ssol 10 load a 'Auedwo(] 94j pap!Aad uaaq ane4 suoilelndilS PUB suo!1 -!puo(] asa4j jo 0 uoiloeS japun pajinba saoilou a4j ja4e PUB of uo!j!ppe ul 3!DVWVO 80 SS01 d0 3008d 'S •uo!jejad000 4ons 6uumbei sjallew jo jaljew aql of pje6a 4j!m 'uoije6!jg Aue anu!luoo jo 'alnoasad 'puelep of uOil -e6!Igo jo Al!l!geil Aue buipnloui 'ejeu!wjel (legs Aoilod a4j japun pamsui a4j of suotle61Igo s,Auedwo(] 941 'uo11ejad000 pannbei a4j 4s!wn; of pamsu) a4i ;o anl!ej ayj Aq peo!pnfad s! Auedwo(] a4111 •pamsui se lsojejui jo alelsa eql of ail!j ayj 4s!igelsa of elgensep jo Ajessaoau 9q Aew Auedwo(] ayj to uo!u!do aql u! 4o!4m joe InlMel jeglo Aue u! (!) PUB 'juawallies 15upega jo '6u!p990 -old jo uo!loe ayj 6u!puelap jo 6upoesojd 'sasseupm 6uiuielgo `OOuap!Ae buunoas 'bu!pe9oojd jo uo!joe Aue u! (!) pe algeuoseaj Ile Auedwo(] a41 9A!6 lle4s ' asuadxa s,Auedwo(] ayj le ' pajnsu! ayj 'Auedwo(] a4j Aq palsenbei (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and reme- dies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impair- ment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indem- nities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subroga- tion rights by reason of this policy. 14. ARBITRATION Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connec- tion with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitra- tion pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Com- pany. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at Ticor Title Insurance Company, Claims Department, P.O. Box 2233, Los Angeles, California 90051. JJJJJJJJJ 0=9=QJ99%_W0 JJJJJJJJJJJJJ070- J990910JJJ 0 t= v 0 0 n 0 3 0 0 CD 0 0 Z LA C M D Z n T 97 � A R � o F— Gn 1a = LLJ 12 ~ 3 N a >z 4- s!q a 7 5 TH,S %p ISr",J l91iFD AS AN ACC'N1' 'DAT10�y, + c ' ''o �� , ,TLY Ft R THE PURPOSES Cf GENirv1LLY ', ., 1 „- / A1f� T j'�cS NOT I:,EP!?Ec 1 A Gp H 0 ''_C'i �' � u TL1- LAND. i {_ `i4 I lI ,� r.r THE LAND OR ;?�iFIY AhY , _ 1,T hIESIZE,AREAORANY b R�,,,n..:: r 1 ATILN,;ASTO' F SHOWN RELATED 70 TH LAND q°O Ia 00 a/ M -ir l; Go 6 ,O 3 /a' fI J. 14 g 16 $ td b! $` 'Gr) Five of •r s I 1 n n n >e nn n rna 11 I V T Sib A. 1 JA 1—q 73f7$°I CHATEAU DRIVER ,o n n 41 42 SO 1 A W 2V` w Y 33 34 3E 32 31 , 30 9 8 as 2T 3 = Q 3 Q U 55M ~� 4 Y x Z . a V 5I v p FFAIRWOOD COURT ' %22 q ^ le ^ Y20 . 21 , ^ '24 26 !Ar—.: 3 b Z 4 z 6 S R = ^ K I3 b 14 D R' 12 . 11 Q ee79 x g �, a n n sm�e! rs 10 W If "• mrr3 T 30-W 40 t C LMA la 14 xrs 14 Zu Q � . ' o is =szw Q� l s R n DRIVE s< i i '105 ID Z �- „ mos n p 9 T � + og a li:iii:✓' WARR�T�v�t���F�'`00R�;Fn � ,T �•��r'= ^ " i. Project No.CM-0100(114) Key No . 5 7 2 9 Parcel No. 02 ID No. 5729L02 21990r ! i' i, ALUANCETITLE THIS INDENTURE, Made this I day of SEPT• 2000, between JOE AND KATHERINE SIMUNICH, husband and wife, Grantors, and THE CITY OF MERIDIAN, a municipal corporation, 33 East Idaho Ave., Meridian, Idaho 83642, Grantee. WITNESSETH: That the Grantors, for value received, do by these presents, grant, bargain, sell and convey unto the Grantee, the following described real property, situated in the County of Ada, State of Idaho, to- wit: A parcel located in the SE 1/4 of the NW 1/4 of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a stone monument marking the southeasterly corner of said SE 1/4 of the NW 1/4 (center one-quarter corner) from which a brass cap marking the southwesterly corner of said NW 1/4 (one-quarter corner) bears S 89°48120" W a distance of 2655.19 feet; thence S 89°48120" W along the southerly boundary of said SE 1/4 of the NW 1/4 a distance of 663.77 feet to the POINT OF BEGINNING; thence continuing S 89048120" W a distance of 513.77 feet to a point; thence leaving said southerly boundary N 0°11'40" W a distance of 56.28 feet to a point; thence N 60011'17" W a distance of 174.64 feet to a point on the westerly boundary of said SE 1/4 of the NE 1/4; thence N 0°41'06" W along said westerly boundary a distance of 59.44 feet to a point; thence leaving said westerly boundary S 60011'17" E a distance of 370.02 feet to a point; Page 1 RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT - I.C. 67-2301 WARRANTY DEED Project No.CM-0100(114) Key No.5729 Parcel No. 02 ID No. 5729L02 thence N 89048'20" E a distance of 344.94 feet to a point: thence S 0°38'42" E a distance of 18.00 feet to the POINT OF BEGINNING. This parcel contains 0.61 acres. RESERVING TO THE GRANTORS, a 25 foot Permanent Easement for ingress and egress at the west end of the above described parcel. TO HAVE AND TO HOLD the said premises, with their appurtenances unto igns forever. And the said Grantors do the said Grantee, and Grantee's ass hereby covenant to and with the said Grantee, that Grantors are the owners in fee simple of said premises; that said premises are free from all encumbrances, EXCEPT those to which this conveyance is expressly made subject and those made, suffered or done by the Grantee; and subject to reservations, restrictions, dedications, easements, right of way and agreements, (if any) of record, and general taxes and assessments, (includes irrigation and utility assessments, if any) for the current year, which are not yet due and payable, and that the Grantors will warrant and defend the same from all lawful claims whatsoever. Page 2 RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT - I.C. 67-2301 WARRANTY DEED Project No.CM-0100(114) Key No.5729 Parcel No. 02 ID No. 5729L02 IN WITNESS WHEREOF, Grantors have hereunto set their hands and seals the day and year first above written. I/j/7 STATE OF bpc�k 0 County of /SDA ss. ICH NE SIMUN CH On this day of SST• , 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared JOE AND KATHERINE SIMUNICH, husband and wife, known or identified to me to be the persons whose names are subscribed to the -foregoing instrument, and acknowledged to me that they executed the same. ♦4*6g d4EeC9399,c�® qac' gP• �,, j�, °mo® (SEAL) !`�Y+° ••^ o �pTAt? ). w • o 0 L PUB Liv 21 44/145/116 t Ot Notary Public for I DA 147) Residing at MA-yFJ C—LF>, My commission expires Page 3 RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT - I.C. 67-2301 COUNTY RE.CORCEFZ f':.Vi0 1AVARR0 ,• ,a r, ... ., t l '1 MCA NO -6 P"1 4 50 QUITCLAIM DEED RECORDED -REQUEST OF FEEL_::' DEPUTY 1-- {60489634 Simunich Properties Limited Partnership, an Idaho limited partnership, whose address is 955 West Usticic Road, Meridian, Idaho 83642, hereinafter called "Grantor', does hereby release and forever quitclaim all interest in the real estate situated in the County of Ada, State of Idaho, unto The City of Meridian, a municipal corporation, whose address is 33 East Idaho Ave., Meridian, Idaho 83642, hereinafter called "Grantee", and to "Grantees" heirs and assigns, all right, title and interest which Grantor now has or may hereafter acquire in the following described real property situated in Ada County, State of Idaho, to -wit: A parcel located in the SE 1/4 of the NW 1/4 of Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a stone monument marking the southeasterly corner of said SE 1/4 of the NW 1/4 (center one-quarter corner) from which a brass cap marking the southwesterly corner of said NW 1/4 (one-quarter corner) bears S 89°48'20" W a distance of 2655.19 feet; Thence S 89°48'20" W along the southerly boundary of said SE 1/4 of the NW 1/4 a distance of 663.77 feet to the POINT OF BEGINNING; thence continuing S 89°48'20" W a distance of 513.77 feet to a point; thence leaving said southerly boundary N 0°11'40" W a distance of 56.28 feet to a point; thence N 60'1 I' 17" W a distance of 174.64 feet to a point on the westerly boundary of said SE 1/4 of the NE 1/4; thence N 0°41'06" W along said westerly boundary a distance of 59.44 feet to a point; Thence leaving said westerly boundary S 60°11'17" E a distance of 370.02 feet to a point; thence N 89°48'20" E a distance of 344.94 feet to a point; thence S 0038'42" E a distance of 18.00 feet to the POINT OF BEGINNING. This parcel contains 0.61 acres. QUITCLAIM DEED -1 TO HAVE AND TO HOLD, all and singular the said premises, together with the appurtenances, unto Grantee, and to Grantee's heirs and assi ns forever. WITNESS the hand of said Grantors this day of Ale v 2000. STATE OF IDAHO ss County of Ada, SIMUNICH PROPERTIES LIMITED PARTNERSHIP >' unich Investments, LLC, General Partner oseph Simunich, Member On this / day of A10✓PMj6&,in the year 2000, before me, ER/A/ SER ✓/SS a Notary Public, personally appeared Joseph Simunich, known or identified to me to be a Member of Simunich Investments, LLC, an Idaho limited liability company, the General Partner of Simunich Properties Limited Partnership, and the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his capacity as a member of Simunich Investments, LLC, as General Partner for Simunich Properties Limited Partnership. 4P' SER �yOTAJQi^ Notary Public for Idaho (F*,) �..� * Commission expires: I LQ i UBL1Gr• Z:\Wo XVIP M\Public WorksTive Mile Pathway\QCDeedTwo.wpd QUITCLAIM DEED -2 March 31, 2000 ORDINANCE MERIDIAN CITY COUNCIL MEETING April 4, 2000 APPLICANT ITEM NO. 4 REQUEST ORDINANCE - REQUEST FOR AN INCREASE IN FEES FOR PARK SHELTERS AND AN AMENDMENT OF AVAILABLE HOURS AT TULLY AND STOREY PARKS AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY SEE ATTACHED ORDINANCE CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: & SETTLERS IRRIGATION: V IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: Materials presented at public meetings shall become property of the City of Meridian. interoffice MEMORANDUM To. William G. Berg, Jr. MAR 3 0 2000 From:41 Y OF AHIDLA111 Wm. F. Nichols Subject: Ordinance to increase fees for park shelters at Tully and Storey Parks Date: March 30, 2000 Will: Pursuant to the motion made at the City Council meeting on March 21 st, please find attached the originals of the proposed Ordinance and Resolution pertaining to the above matter. Please note the "clean" ordinance is for the Cleric's office use and the redlined ordinance you should distribute to the Mayor, Council and any one else who desires a copy. The redlining shows exactly what has been added or deleted. The ordinance is on the Regular Agenda for the upcoming April 4th Council meeting. The Resolution may also be addressed at the Council meeting on April 4t' after the approval of the Ordinance. If you have any questions please advise. ZAWork\M\Meridian 15360M\Parks\Berg033000.Mem Ey/ZAWork\M\Meridian 15360M\Parks\Berg033000.Mem CITY OF MERIDIAN BY COUNCIL MEMBER AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO,CM N ING TITLE 8 SUBSECTIONS A, B, C, AND D OF SECTION I O MERIDIAN CITY CODE TO PROVIDE FOR THE DELETION OF CITY HALL BY THE ADDITION OF PARKS AND RECREATION RR REFUSAL TO VACATE PROVIDING FOR ADDITIONAL LAN SHELTER; AND TO PROVIDE FOR A NEW SUBSECTION E RELATING TO PARK HOURS; AND PROVIDING AN EFFECTIVE DAT E. BE IT ORDAINED BY THE MAYOR AND THE COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1: That section I of Chapter 7 of Title 8 Meridian City Code, be, and the same is hereby amended to read as follows: PICNIC SHELTERS: A. Reservation Fees: oe Th_e Mawr _,_ _„ ,..],w,t FPPQ for the use of of the City. P—Mg raw- r_rers-- --j -- • - - - B. Application Required; Record Kept: Persons, associations, corporations, and other entities, desiring to use the Meridian park picnic shelters shall apply at the Gty44ft4 Parks and Recreation Department for the use of a picnic shelter, reserve a time of use of a picnic shelter, if their requested time is available, and pay the appropriate fee; the e4ty T 'fie Parks and Recreation Department shall keep a record of the scheduled times and fees paid for reservations. C. Reservation Required; Removal From Shelter: If persons, associations, corporations, and other entities, using a picnic shelter have not reserved the time and paid the appropriate fee, and are using the picnic shelter at a time that has been reserved for another person, association, corporation, or other entity, if they refuse to vacate the shelter, they shall be removed from the shelter, either by City park employees or by the Police Department and they may be cited for ttse of tresass. D. Reservation List Maintained At Shelter: A list of reservations for a particular picnic shelter shall be maintained at that particular shelter to inform the public who has reserved the picnic shelter and the time, or times, for which the shelter has been reserved; if the reservations have been removed from the picnic shelter the list maintained by the Gty G k 's-� Parks and Recreation Department shall still be controlling. E. The parks of the Cij_y of Meridian shall be open and available for use from 7.00 o'clock A.M. to 12:00 o'clock midnight and all people shall vacate the City parks no later than 1200 o'clock midnight. Picnics shall end at 9 00 o'clock P M whichgives picnic users of the parka time to clean up and vacate the park. SECTION 2: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 3: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this Ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any portion as may be declared invalid. shall SECTION 4: DATE OF EFFECT: This wall andCe e in full force and effect within one (1) month after its passage, approval publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2000. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of , 2000. Mayor Robert D. Corrie ATTEST: City Cleric Z:\Work\M\Meridian 15360M\Parks\ORDINANCES\AmendParks8-7-I.Ord NOTICE OF HEARING NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the Laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Street, Meridian, Idaho, at the hour of 7:30 p.m. on March 21, 2000, for the purpose of reviewing and considering an increase in fees for park shelters at Tully Park and Storey Park. A more particular description of the above request is on file in the City Clerk's office at Meridian City Hall, 33 East Idaho Street, and is available for inspection during regular business hours. A copy of the application is available upon request. Any and all interested persons shall be heard at said public hearing and the public is welcome and invited to submit testimony. DATED this 2nd day of March, 2000 PUBLISH March 10th and 17th, 2000 WILLIAM G. BERG, J , C Y CLERK <10111111111111111 a ri L NC5 ji dd, ,,�C,t `q • CITY OF MERIDIAN ORDINANCE NO. 93 AN ORDINANCE OF THE CITY OF MERIDIAN ENACTING A NEW SECTION OF CHAPTER 7 TITLE 8, MERIDIAN CODE OF THE CITY OF MERIDIAN; RELATING TO PARK REGULATIONS; PROVIDING FOR THE PURPOSES AND AUTHORITY, DEFINITIONS, AND PROHIBITING CANINES IN TULLY PARK EXCEPT FOR HEARING, VISUALLY OR PHYSICALLY IMPAIRED PERSON OR TRAINER ACCOMPANIED BY AN ASSISTANCE DOG; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1: That Chapter 7 of Title 8 is hereby amended by the addition thereto of a new Section to to read as follows: PURPOSES AND AUTHORITY: This Section is for the purpose of establishing rules and regulations for the appropriate use by the public and in the furtherance of the intended usage of the City of Meridian Park, know and designated as Tully Park, the legal description for which is herein set forth in this Chapter; and this Chapter is enacted upon the authority derived from the Constitution of the State of Idaho Article XII § 2 and from Idaho Code §§ 50-303, 50-302, and for the health, safety and welfare of the public. DEFINITIONS: For purposes of this Section, the following words and phrases shall have the meaning ascribed to them in this Section: A. Tully Park: That certain Municipal Park owned and operated by the City of Meridian more particularly described as follows: The Southwest 1/4 of the Northwest 1/4, Section 1, Tully Park Rules and Regulations Ordinance - 1 0 11 Township 3 North, Range 1 West, Boise Meridian, Ada County, State of Idaho; except therefrom, a strip approximately 100 feet in width along Five Mile Creek, more particularly described as follows: Portions of the Southwest 1/4 of the Northwest 1/4, Section 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; commencing at the 1/4 corner common to Sections 1 and 2, Township 3 North, Range 1 West, Boise Meridian; thence North 0 degrees 00'29" West 1001.70 feet to THE REAL POINT OF BEGINNING, thence North 0 degrees 00'32" West 331.20 feet, thence South 89 degrees 15'40" East 96.69 feet, thence South 0 degrees 26'04" West 291.98 feet, thence South 32 degrees 37'02" East 110.41 feet, thence South 57 degrees 12'23" East 1396.47 feet, thence South 0 degrees 03'37" West 118.88 feet, thence North 57 degrees 12'23" West 1482.55 feet, thence North 32 degrees 37'02" West 15 1. 10 feet to THE REAL POINT OF BEGINNING. ALSO EXCEPT: A portion of the Southwest 1/4 of the Northwest 1/4, Section 1, Township 3 North, Range 1 West, Boise, Meridian, Ada County, State of Idaho, more particularly described as follows: Commencing at the 1/4 corner common to Sections 1 and 2, Township 3 North, Range 1 West, Boise -Meridian, Ada County, Idaho; thence along the 1/4 section line South 89 degrees 27'12" East 40.00 feet to a point on the proposed East right-of-way line of Linder Road, said point being THE REAL POINT OF BEGINNING; thence along said right-of-way line North 0 degrees 00'29" West 85.00 feet; thence leaving said right-of-way line South 89 degrees 27'12" East 120.00 feet; thence South 0 degrees 00'29" East 85.00 feet; thence Tully Park Rules and Regulations Ordinance - 2 North 89 degrees 27'12" West 120.00 feet to THE REAL POINT OF BEGINNING. ALSO EXCEPT: Any portion of Linder Road and Five Mile Creek. B. Canine: Shall mean and include either male or female, whether neutered or spayed, whether full domesticated canine or partial wolf, partial coyote, entire wolf or entire coyote. C. Assistance Dog: Shall mean and refer to a dog that has been trained as a guide dog for a blind or visually impaired person, a hearing dog for a hearing impaired person, or a service dog for a physically disabled person, or as otherwise defined in Idaho Code Section 56-701A2, and/or any amendments or recodification of said section. D. Owner: Shall be construed to mean and include any person owning, harboring, keeping, possessing, caring or having custodial duties over any Canine. CANINE PROHIBITED IN TULLY PARK: It shall be unlawful for an Owner to allow any Canine to be in Tully Park at any time except for a hearing, visually or physically impaired person accompanied by an Assistance Dog, or a person who is specially training or socializing a dog for the purpose of being an Assistance Dog in accordance with the provisions of Idaho Code Section 56-701A and any amendments or recodification of said section. SECTION 2: Due to the fact that the codifier is in the process of recodifying the Municipal City Code, the exact section number of this Ordinance shall be assigned by the codifier, and which section shall be approved at such time as the City Council approves the recodification in accordance with its authority under I.C. §§ 50- 903 and 50-905. SECTION 3: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. Tully Park Rules and Regulations Ordinance - 3 0 • SECTION 4: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this Ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any portion as may be declared invalid. SECTION 5: DATE OF EFFECT: This ordinance shall be in full force and effect within one (1) month after its passage, approval and publication, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of GGA , 1999. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this �h day of 1999. a r Robert D. Corrie ATTEST: ,o4 'ttV:a City Clerk M f msg/Z:\Work\M\Meridian 15360M\Par1's\Tu11yParkUse0rd- 9 V Tully Park Rules and Regulations Ordinance - 4 Memorandum To: Mayor Robert Corrie and City Council From: Tom Kuntz Date: May 24, 1999 Re: Restricting Dogs in Tully Park �PT tib' '" At the April 19`h Parks & Recreation Commission meeting the issue of restricting dogs in Tully Park was addressed. The Commission voted unanimously to recommend to the Mayor and City Council that Tully Park be designated a dog free park.. The reasoning behind the recommendation was as follows: 1) Within a fairly limited space, Tully Park will accommodate a variety of recreation activities that should attract a large number of people. Adding dogs into that mix could create a potential health and liability risk for the City. (dog feces, dog fights, children being bitten, etc.) 2) Opening a new park and starting out with stricter dog rules that could be relaxed later if necessary would be preferable to starting out with lesser rules. 3) Storey Park will remain open to dogs on leashes. The Commission is also sensitive to the need for a possible dog park in the future. I would appreciate direction on this issue at your earliest convenience. We plan on opening the park in August. From The Desk Of... 0 Page 1 TOM KUNTZ 11 W Bower St. Meridian, ID 83642 (208) 888-3579 Meridian City Council Meeting July 6, 1999 Page 45 would be extended for a period of no longer than year. Any further comments? All those in favor of the motion say aye. MOTION CARRIED: ALL AYES. Gigray: Mr. Mayor just a point of procedure and information. I'll prepare an order for the Mayor's signature on that just so we have a record. That would be appropriate. 22. ORDINANCE #831 : DOG RESTRICTION IN TULLY PARK: Corrie: Mr. Clerk, if you will give us an ordinance number on this and then read it by title only please. Berg: Thank you Mr. Mayor, Ordinance #831. (ORDINANCE #831 WAS READ BY TITLE ONLY) Corrie: Is there anyone from the audience who would like to have Ordinance #831 read in its entirety? Hearing none, I'll entertain a motion for Ordinance #831. Bentley: Mr. Mayor I move we approve Ordinance #831 with suspension of rules, authorize the Mayor to sign and the Clerk to attest. Bird: Second. Corrie: Motion made and second to approve Ordinance #831 with suspension of rules. ROLL CALL VOTE: ANDERSON, YEA. BENTLEY, YEA. BIRD, YEA. ROUNTREE, YEA. MOTION CARRIED: ALL YEAS. 23. ORDINANCE #832: LOCAL LAND USE PLANNING ACT: Corrie: Mr. Berg, if you will please read the ordinance #832. This is kind of a housekeeping thing. Isn't that correct, Mr. Gigray? Gigray: Yes. Mr. Mayor and members of the Council, I believe this is generated from House Bill 1203 that kind of amended the local land use planning act language. We checked with the codifier. If we do an ordinance like this, they'll just reference the act in accordance with the state statute. Just a house cleaning matter. Corrie: Mr. Clerk, if you'll read Ordinance #832 for the Council. Berg: Thank you Mr. Mayor. (ORDINANCE #832 WAS READ BY TITLE ONLY) Corrie: Is there anyone from the audience who would like to have Ordinance #832 read in its entirety? Hearing none, I'll entertain a motion to accept Ordinance #832. BY COUNCIL MEMBER M 15(F-, D I � 6RECORDED - REQUEST Or ACA CQU4TY RECORUR DAYM t AVARRO FEE `--�DE Alli Y ORDINANCE 0JA 27 F► 24 'T1 100006600 AN ORDINANCE OF THE CITY OF MERIDIAN, IDAHO, RELATING TO THE GRANTING OF A FRANCHISE FOR SOLID WASTE COLLECTION AND DISPOSAL, PROVIDING FOR A TITLE, DEFINITIONS, SETTING FORTH THE AUTHORITY OF THE CITY COUNCIL TO GRANT A FRANCHISE FRANCHISE AND LICENSE, SETTING ATERM OF RANTING A FRA ORDINANCE FOR SOLID WASTE COLLECTION AND DISPOSAL TO SANITARY SERVICE, INC. AN IDAHO CORPORATIONTENDING, AND OAT LEAST SETTING A TERM COMMENCING SEPTEMBER 9,19 SEPTEMBER 30,20 10; PROVIDING FOR SEVEN YEARADVANCE NOTICE OF TERMINATION; PROVIDING FORACCEPTANCE; PROVIDING FOR SPECIFIC CONDITIONS; PROVIDING FOR GENERAL CONDITIONS; PROVIDING FOR INDEMNITY; PROVIDING FOR COMPREHENSIVE LIABILITY AND PROPERTY INSURANCE; PROVIDING FOR PROVIDING FOR DEFAULT ITATION ON FRANCHISE; PROVIDING FORASSIGNMENT OF FRANCHISE; BY "SSI"; PROVIDING FOR EFFECT OFINVALIDITY; SI; PROVIDING VOD R SOLUTIONS IN CLAUSE AND PROVIDING THAT ALL ORDINANCES CONFLICT ARE REPEALED AND RESCINDED; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1- Title: This Ordinance shall be known as the Franchise Agreement To Perform Solid Waste Collection and Disposal Services Ordinance. Section 2 - Definitions: All terms herein this ordinance shall be defined as those definitions which are presently codified at section 4-101 Meridian City Code, which definitions are incorporated herein by reference. Section 3 - Authority for Franchise: This Franchise Ordinance is an exercise of the City of Meridian's authority to grant a franchise pursuant to Idaho Code §50-329 and pursuant to its authority and regulation as is set forth in Chapter 1 Title 4 of the Municipal Code of the City of Meridian wherein the City of Meridian has exercised its authority to establish a system of collection, transportation and disposal of refuse and has therein made it unlawful for any person to engage in the business of collecting, transporting, hauling or conveying any refuse, garbage, or rubbish over the ORDINANCE - I streets or alleys or to dump or dispose of the same, unless such person has a contract therefor as an authorized representative of the City of Meridian. Section 4 - Grant and Term of Franchise: The City of Meridian in the County of Ada, State of Idaho, does hereby grant to Sanitary Service, Inc. (hereinafter referred to as "SSI"), an Idaho corporation, currently located at 722 W. Franklin, Meridian, Idaho 83642, Ada County, Idaho, a franchise of scope and description as follows: to -wit the right to use the streets and alleys within the City of Meridian for the purpose of collecting, hauling and disposing of solid waste, and any acts amendatory thereto. And, subject to the right of the City of Meridian to terminate the franchise created hereunder as a result of a breach and fail to cure by "SSI", the City of Meridian does hereby further grant to Sanitary Service, Inc. exclusive rights and privileges defined herein and by Ordinance to collect, haul and remove and dispose of all solid waste for hire in the City of Meridian for the period beginning the 9`h day of September, 1999, and terminating no earlier than the 30t' day of September, 2010. Thereafter, unless terminated pursuant to Section 5, below, the term of the franchise granted to "SSI" shall be extended by the City of Meridian on a year-to-year basis until September 30, 2020. Section 5 - Notice of Intention to Terminate: As a result of the rapid rate of growth of the City of Meridian and commensurate significant capital investment that is required by "SSI" to meet the expected future solid waste collection and disposal needs of the City, the City of Meridian shall provide "SSI" with seven (7) years advance written notice of its decision to terminate the franchise granted hereby. Section 6 - Acceptance: "SSI" shall file a written acceptance of the franchise with the City Clerk of the City of Meridian within ten days after the date of this ordinance. This franchise shall go into effect only when the acceptance has been filed and when evidence of general comprehensive liability insurance provided for below shall have been filed and approved. Section 7 - Specific Conditions: The specific conditions of this franchise are set forth in that certain Franchise Agreement to Perform Solid Waste Collection and Disposal Services originally dated the /� -- day of ��n� L't , 2000 (hereinafter referred to as the "Agreement"). Section 8 - General Conditions: The City of Meridian reserves the right to enforce reasonable regulations as prescribed by 4-110 of the Meridian City Code of the City of Meridian over the activities and the grant of this franchise to "SSI". Section 9 - Indemnity: "SSI" shall indemnify and hold the City of Meridian, and its officers, agents, and employees, harmless from any and all liability, ORDINANCE - 2 claim damage, or expense, including attorney fees, which maybe brought, the i edenti nal actd, against the City of Meridian or its representatives, ansing out . s, including, but negligence or omission of "SSI" or its employees, agents or representative destruction of property, not limited to, death or injury to any person, damage contamination or adverse effects on the environment, or any violation of statutes, rules or regulations of any governmental agency. Section 10 - Comprehensive Liability and Property Insurance: At all times during the term of this franchise "SSI" will, at its own expense, maintain in force general comprehensive liability insurance for the protection of the City of Meridian as set forth in the Agreement. Section 11 - Limitation on Franchise: No privilege or exemption is granted or conferred by this franchise except those specifically er efranchise by `bSSI'ed 1 in any this ordinance and the Agreement. Any privilege claimed un street, alley, or other public place shall be subordinate to any lawful occupancy of any such street, alley, or other public place by grantor or by any other public agency, and to prior lawful occupancy of any such street, alley, or other public place by any other entity or person. Section 12 - Effect of Invalidity: The franchise is granted pursuant to the laws of the State of Idaho relating to the granting of such rights and privileges by the City of Meridian. If any article, section, sentence, clause, or phrase of this ordinance is for any reason held illegal, invalid or unconstitutional, the invalidity shall not affect the validity of the ordinance or any of the remaining portions. The invalidity of any portion of this ordinance shall not abate, reduce, or otherwise affect any consideration or other obligation required of grantee. Section 13 - Default by "SSI": In the event "SSI" shall fail to perform the services required under the Agreement, or shall fail to comply with any of the terms, limitations or conditions of the franchise granted hereunder, the franchise ity of the manner as set ian shall have the right to cancel the Agreement and forfeit the forth in the Agreement. In the event of any failure or viola for, the City of the forfeiture f e may sue in its own name in the manner provided by law to procedures in quo warranto. The exercise franchise without the necessity of resorting of the remedy of forfeiture shall not preclude exercise of any other right or remedy given to the City of Meridian by law, whether exercised concurrently or subsequently. Section 14 - Savings Clause: ThOrdinaOrdinance not affect not action or proceeding commenced or right accrued before ORDINANCE - 3 Section 15 - Conflicting Ordinances Repealed: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. Section 16 - Date of Effect: This ordinance shall take effect within one (1) month after its passage and publication. PASSED BY THE CITY COUNCIL of the City of Meridian, Idaho, this - day of r , 2000. APPROVED BY THE MAYOR of the City of Meridian, Idaho, this 164r day of 2000 ATTES City Clerk ey/Z:\Work\M\Meridian 15360M\Sanitary Svcs\SS ORDINANCE - 4 CITY OF MERIDIAN TULLY SKATEBOARD PARK INVITATION TO BID Sealed Bids for TULLY SKATEBOARD PARK will be received by the City Clerk of Meridian, Ada County, Idaho, the Owner, at the City Hall Building located a 33 East Idaho Avenue, Meridian, Idaho 83642, until 2:00 P.M., prevailing local time, September 17, 2001, and then publicly opened and read aloud. The work includes, but is not limited to: Earthwork, concrete work, steel fabrication, etc. All work associated with the above will also need to be included. Copies of the Contract Documents may be obtained at Idaho Blueprints located at 619 Main Street, Boise, Idaho, August 27, 2001 upon payment of $25.00 (refundable) for each set. Bids must be submitted on the prescribed form and each Bidder must include with the Bid a Bid Security in the amount, form and subject to the conditions provided in the Information for Bidders. A Pre Bid conference will be held on site (Tully Park, Meridian, Idaho), September 5, 2001 at 2:00 p. M. The City of Meridian reserves the right to waive any informalities or to reject any or all Bids and to postpone the award of the Contract not more than sixty days from the bid opening date, and to award the contract, if awarded, based on the best interests of the City. Questions during bidding shall be directed to Doug Russell, The Land Group, Inc., at (208) 939- 4041. No Bidder may withdraw his Bid within sixty (60) days after the date of the opening thereof. DATED this day of , 2001. THE of MERIDIAN, IDAHO V—i� RT D. CORRIE, MAYOR..�O-rr���^�,, fj ��� � F'?L"'• 1. `� moi. ATTEST: WILLIAM G. BERG, JR., IT CIER p Publish 8/20 & 8/27 RINGERT, ♦ CLARK CHARTERED LAWYERS Laura E Burn Jeffrey R. Christenson D. Blair Clark Michael J. Doolittle S. Bryce. Farris Patrick D. Furey David Ilammerquist Charles L. Honsinger Joseph B. Jones James P. Kaufman Jennifer Reid Mahoney James G. Reid March 15, 2000 F. Ringer Daniel Daniel V. Steenson Allyn L. S��eeney Gary Smith City of Meridian Public Works / Building Dept 200 East Carlton, Ste 100 Meridian, ID 83642 Re: Tully Park Easement Dear Mr. Smith: RECEIVED MAR 16 2000 Samuel Kaufman (1921-1986) Enclosed please find the original Easement pertaining to Tully Park. The Easement is to provide ingress and egress for Nampa & Meridian Irrigation District to the irrigation pump station and pipeline in Tully Park. We have already received the Pump Station Operation and Maintenance Agreement in Tully Park executed by the City of Meridian. From previous correspondence, it appears that a Warranty Deed from the City of Meridian to Nampa & Meridian Irrigation District for the pump station location has already been recorded. If this is not the case, please let me know and I will prepare a Warranty Deed for this purpose. A legal description for the pump station is already in my file. If the Easement is acceptable, please have the appropriate parties sign the document and return the origiriai to ine. vde will then record the easement l return a copy to you. If you have any questions, please feel free to give me a call. Sincerely, Laura E. Burri leb enclosure cc: Donna Moore John Anderson 455 South Third Street . P.O. Box 2773 . Boise, Idaho 83701 . 208/342-4591 FAX 342-4657 LJ EASEMENT THIS EASEMENT, given this day of , 2000, between the City of Meridian, a municipal corporation, hereafter referred to as "Grantor", and Nampa & Meridian Irrigation District, an irrigation district organized under the laws of the State of Idaho, hereafter referred to as "Grantee". WHEREAS, Grantor is the owner of certain property more specifically described in Exhibit A and incorporated herein by reference. WHEREAS, Grantee desires an easement for ingress and egress over the property of Grantor, and Grantor has agreed, for good and valuable consideration, to grant to Grantee an easement for ingress and egress in the property more specifically described in Exhibit B and incorporated herein by reference, for the purpose of ingress and egress to install, maintain and operate an irrigation pipeiine and pump station. NOW, THEREFORE, Grantor hereby grants to Grantee, an easement for ingress and egress over and across the property more specifically described in Exhibit B for the purpose of ingress and egress to install, maintain and operate an irrigation pipeline and pump station in the property more specifically described in Exhibit B and incorporated herein by reference. EASEMENT - PAGE 1 0 This Easement shall be perpetual and continue so long as it may be necessary and required by Grantee to operate, maintain and repair the irrigation pipeline and pump station. This Easement shall be binding upon the Grantor, its successors and assigns, and inure to the benefit of the Grantee and its heirs, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this Ingress - Egress Easement the day and year first above written. THE CITY OF MERIDIAN By Robert D. Corrie, Mayor By William G. Berg, Jr., City Clerk STATE OF IDAHO ) ss: COUNTY OF ADA ) On this day of , 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT D. CORRIE and WILLIAM G. BERG, JR., Mayor and City Clerk of the City of Meridian, Known to me to be the Mayor and City Clerk of the City cf Meridian that executed the foregoing instrument and acknowledged to me that said City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at: Idaho My commission expires: EASEMENT - PAGE 2 8-7-1 9 8-7-1 CHAPTER 7 PARK REGULATIONS SECTION: 8-7-1: Picnic Shelters 8-7-2: Tully Park 8-7-1: PICNIC SHELTERS: A. Reservation Fees: 1. The Mayor and City Council, by resolution, shall adopt fees for the use of park facilities in order to recover some of the costs of the City to process the various applications and a portion of the maintenance costs of the picnic shelters, picnic tables, softball fields, and parks of the City. B. Application Required; Record Kept: Persons, associations, corporations, and other entities, desiring to use the Meridian park picnic shelters shall apply at the Parks and Recreation Department for the use of a picnic shelter, reserve a time of use of a picnic shelter, if their requested time is available, and pay the appropriate fee; the Parks and Recreation Department shall keep a record of the scheduled times and fees paid for reservations. C. Reservation Required; Removal From Shelter: If persons, associations, corporations, and other entities, using a picnic shelter have not reserved the time and paid the appropriate fee, and are using the picnic shelter at a time that has been reserved for another person, association, corporation, or other entity, if they refuse to vacate the shelter, they shall be removed from the shelter, either by City park employees or by the Police Department and they may be cited for trespass. D. Reservation List Maintained At Shelter: A list of reservations for a particular picnic shelter shall be maintained at that particular shelter July 2000 City of Meridian 8-7-1 8-7-2 to inform the public who has reserved the picnic shelter and the y time, or times, for which the shelter has been reserved; if the reservations have been removed from the picnic shelter the list maintained by the Parks and Recreation Department shall still be controlling. E. Hours: The parks of the City shall be open and available for use from seven o'clock (7:00) A.M. to twelve o'clock (12:00) midnight and all people shall vacate the City parks no later than twelve o'clock (12:00) midnight. Picnics shall end at nine o'clock (9:00) P.M. which gives picnic users of the parks time to clean up and vacate the park. (Ord. 870, 4-4-2000) 8-7-2: TULLY PARK: A. Purposes And Authority: This Section is for the purpose of establishing rules and regulations for the appropriate use by the public and in the furtherance of the intended usage of the City of Meridian Park, known and designated as Tully Park, the legal description for which is herein set forth in this Section; and this Section is enacted upon the authority derived from the constitution of the State of Idaho article XII section 2 and from Idaho Code sections 50-303, 50-302, 'and for the health, safety and welfare of the public. ft; B. Definitions: For the purposes of this Section, the following words and phrases shall have the meaning ascribed to them in this Section: ASSISTANCE Shall mean and refer to a dog that has been DOG: trained as a guide dog for a blind or visually impaired person, a hearing dog for a hearing impaired person, or a service dog for a physically disabled person, or as otherwise defined in Idaho Code section 56-701A2, and/or any amendments or recodification of said section. CANINE: Shall mean and include either male or female, whether neutered or spayed, whether full domesticated canine or partial wolf, partial coyote, entire wolf or entire coyote. July 2000 City of Meridian interoffice McMoannvuM t0: Mayor and Council CC: Gary Smith, Dennis Summers, Tammy DeWeerd, Will Berg from: Brad Watson, E.I.T.,�/ re: Tully Park 95% Plan Review date: May 20, 1997 RECEI'V'ED MAY 1 0 1997 Cff y OF WRIDIAN I have received review comments for the 95% design plans for Tully Park from several of you. Attached is a summary of comments given at the April 21 Parks and Recreation Committee meeting. Any comments you may have must be given to me by May 27 at the request of Gary so that we can get going on this project. I will meet with Tim Burgess next week to develop a bid schedule of improvements the City can pay for this year. Thank you for your help. from the desk of... Brad Watson, E.I.T. Asst. City Engineer City of Meridian 33 East Idaho Ave. Meridian, Idaho 83642 c:\bw\m4\95%review.mem.doc.dot(208) 887-2211 Fax: (208) 887-1297 interoffice MEMORANDUM to: Tammy DeWeerd cc: File from: Brad Watson, E.I.T. Z�4) re: Tully Park - 95% Design Review date: April 22, 1997 The following is a list of comments given at last night's Parks & Recreation Commission Meeting regarding the 95% Tully Park design review. Please let me know as soon as possible if there are any additions or modifications to these comments so I can pass them along to the Mayor and Council. 1. Delete hydroseeding and plan to drill in a fescue/bluegrass seed mix. Potential informational source is D & G Sod, Hoot Gibson. 2. Meet with consultant about re -grading the playing fields. I stated, and the Commission members seemed to concur; that the slopes shown will be excessive for proper play. :i. Meet with consultant to establish location and size of electrical conduit to baseball fields for future lighting and to future picnic shelter locations for 110V power. 4. Investigate specifying "sandy loam for baseball infields." According to someone at last night's meeting, a person named Craig Rohom from Melba reportedly has such material at $1 per cubic yard. 5. Verify type of sprinkler heads with consultant in playing fields to verify they will not pose an injury risk to participants. 6. Change design of basketball courts from concrete slab -on -grade to hot plant mix asphalt to reduce costs and maintenance. 7. Verify lighting requirements and possibility of delaying paving of parking lot until additional funds are available. from the desk of... Thank you for your time. Brad Watson, E.I.T. Asst. City Engineer City of Meridian 33 East Idaho Ave. Meridian, Idaho 83642 (208) 887-2211 c:\bw1m4\421 mtgsum.mem.dot Fax: (208) 887-1297 5 December 1997 Jerrold D. Gregg Area Manager Bureau of Reclamation 214 Broadway Ave Boise, ID 83702-7298 i RECEIVED DEC 18 M7 MY OF MEMO 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 2d'$--1M-t*2V* 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 Boise 343-1884 SHOP: Nampa 466-0663 Boise 345-2431 Ref: Letter dated 1 December 1997 discussing "City of Meridian's Five Mile Creek Pathway." Dear Jerrold: On Wednesday 3 December 1997 Jim Budolfsen of the Bureau of Reclamation and I discussed the above referenced subject. Budolfsen contacted me by telephone and explained that the Bureau of Reclamation would be sending the above referenced agreement to the Irrigation District for its review and request for approval and signature. I explained to Budolfsen the various obstacles the District had encountered in its process of obtaining the appropriate approval for a license agreement that is before the City of Meridian that would allow for recreational pathway construction along various drains that are under the jurisdiction of Nampa & Meridian Irrigation District. To date, the City of Meridian has not signed the necessary agreement that has been before it for many months. I explained to Budolfsen that the city's response to the agreement was a concern that our agreement might imply liability associated with workers comp issues. The District responded to that concern by explaining the contract under any circumstances did not imply a desire by the District to have the City of Meridian pay for worker comp/industrial accident issues. Budolfsen indicated to me that the City had passed on to the Bureau of Reclamation their position that the city believed it did not have to seek the permission of the Irrigation District in locating recreational pathways along Irrigation District facilities since (COPY - APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 Jerrold D. Gregg Page 2 of 2 the District was merely an easement holder and not the fee title holder. Budolfsen indicated that in this particular segment of pathway, the Bureau of Reclamation has fee title to some or all of the land. Given the possibility that the Bureau of Reclamation at some time may only assert an easement authority on various facilities then what would the City of Meridian's response be to the Bureau of Reclamation's assertion of an easement position? Would the city also believe that they would not need the permission of the Bureau of Reclamation, to construct the recreational pathway? Jim indicated that had not been considered by the Bureau but certainly you may take it under consideration at some point. I will place this item on the agenda for a Board Meeting, and should the Board come to a decision at that time, I will inform you of the outcome. In the interim the agreement and the attached documents will be sent to District's legal counsel, Dan Steenson and to the District's Water Superintendent, John Anderson for their review. In the meantime, and irrespective of the three week deadline that you have recited in your letter, the District assumes that you will not take action on this agreement, that appears to be, in its present form adverse to present policy of the Board of Directors of the Irrigation District. I made it clear to Jim Budolfsen that the Irrigation District does and has always stood ready to conclude the necessary contractual arrangements with the City of Meridian to allow for recreational pathways and that the City of Nampa and the Irrigation District had concluded the same agreement and to date has functioned well for the City of Nampa and the Irrigation District. Should you have any questions concerning this subject, please feel free to call on me at the office number listed above. Sincerely, " z, - , �r7 (T - Daren R. Coon Secretary -Treasurer DRC/ jdm cc: File Each Director Water Superintendent Attorney - Steenson CITY OF MERIDIAN Future Parks Impact Fees Ending February 1998 Future Parks Impact Fees Admin. Fee (10%) Appropriated Appropriated Revenue Received 1995-1996 $0.00 $196,824.01 $0.00 $21,869,33 1996-1997 $480,000.00 $413;895.43.'; $48,000.00 $45,988.33' 1997-1998 $424,000.00 $186 443 69 $42,400.00 20 715.93 Amount received as of 2/28/98 $797,16363 - $8$,573.59 * Future Park Site purchased November 1995 for: $1,178,469.00 (3245 N. Meridian Road -Otter property) * The General Fund (Parks Dept.) borrowed the above amount from the Enterprise Fund for this purchase 'RE: Loan from Enterprise Account Can not fine anythin in the minutes on the above loan. If this was in an Executive session, it needs to be brought up in the Council Meeting. Then it will be in the minutes. (Payments made monthly --or quarterly, and at the current interest rates?) CITY OF MERIDIAN Future Park Site: Meridian & Ustick Road Period Ending: March 23, 1998 Fiscal Year 95-96 Fiscal Year 96-97 Fiscal Year 97-98 Revenue Expenditures Revenue Expenditures Revenue Expenditures Rental House $2,160.00 $2,160.00 $250.00 Land Lease $5,500.00 $5,500.00 $0.00 Irrigation taxes ($2,502.26) ($2,575.12) ($2,551.48) Year End 1996 1997 1998 not ended Balance $5,157.74 $5,084.88 ($2,301.48) MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 7, 1999 APPLICANT: DEPARTMENT REPORTS AGENDA ITEM NUMBER: 29A1 REQUEST: TOM KUNTZ — TULLY PARK SHELTER FEES AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY.- CITY TTORNEY:CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE.- ADA FFICE:ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: BUREAU OF RECLAMATION: OTHER: COMMENTS SEE ATTACHED INFORMATION SUBMITTED All Materials presented at public meetings shall become property of the City of Meridian. Meridian Parks & Recreation MEMORANDUM To: Mayor and Council S E P _ 3 1999 From: Tom Kuntz, Parks Director Date: September 3, 1999 Re: Tully Park Shelter Fees The grand opening of Tully Park is scheduled for the afternoon of September 30. We will be mailing out invitations and publicizing the event later this month. This winter we plan to review all of our park fees, rules and regulations and will bring our recommendations to the commission and council for approval. In the meantime, we want to be prepared to rent out the Tully Park shelter in October and charge an appropriate fee. Prior to adopting a new fee schedule, we recommend charging $55 for 0-150 people and $70 for 151-200 people. Currently, we can accommodate up to 200 people until new picnic tables are purchased next spring. This recommendation is based upon our cost to construct, maintain and operate a shelter of this size. The current fee schedule is attached for your review. From the desk of... Tom Kuntz Parks Director 11 W Bower St. Meridian, Idaho 83642 (208) 888-3579 Fax: (208) 898-5501 MERIDIAN PARKS AND RECREATION DEPARTMENT 11 West Bower Street, Meridian, Idaho 83642 888-1854 Pager - 888-3579 Office Park Facility Information and Rules A drinking water outlet and 110 volt power outlet are at or adjacent to each picnic shelter. The use of alcohol in the park is allowed by City PERMIT ONLY ($10.00 for six -hour period). Horseshoe pits are available for use near Shelter No. 1. User must supply the horseshoes. Barbecuing is allowed. User needs to furnish the barbecue equipment. Grease clean up is a problem, therefore it is your responsibility to catch and dispose of any grease or drippings from your BBQ. A pay telephone is available at the swimming pool entrance. Restrooms are located near each picnic shelter as shown on the location map and are opened each morning at approximately 7:00 A.M. and closed each evening no later than 10:30 P.M. during summer months. The following restrictions apply to all areas of the park: ❖ No horses — No unleashed dogs — No vehicles on grass ❖ No glass beverage container — No loud music — No dunk tanks Reservation charges Park Shelter: 0 - 50 people 51-100 people 101-150 people 151-200 people 201-250 people 251-300 people Softball Field $ 25.00 $ 40.00 $ 55.00 $ 70.00 $ 85.00 $100.00 $7.00 per hour Park Shelter reservation fees are for a four -(4) hour period of time. Additional time will be charged at the rate of $10.00 per hour. Refunds — All refunds are subject to a $5.00 processing fee. Refunds must be registered ten (10) working days prior to the reservation date. Rain checks will be issued in case of bad weather. C:\MPR Documents\1 - Administration\Forms Masters\Park Facility Info Master\Park Facility Info.doc 0 c�nc SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary Mr. Gary D. Smith City of Meridian 33 East Idaho Street Meridian, Idaho 83642 December 16, 1997 Re: Road Impact Fee Offset Agreement No. IFA -44-97 Tully Park Development - Linder Road Dear Mr. Smith: COD DEC 2 0 1997 'Y OF ME&W" Enclosed is Ada County Highway District Check No. 050083 in the amount of $3,519.00 as payment in full for qualifying improvements - right-of-way dedication adjacent to Linder Road - as set forth in above referenced Road Impact Fee Offset Agreement. Also enclosed for your records is a copy of said Agreement. Thank you for your consideration in this matter. Sincerely, ADA COUNTY HIGHWAY DISTRICT G R. E. Putman, S A Right -of -Way Specialist Enclosures 1. ACHD Check No. 050083 in the amount of $3,519.00 2. Road Impact Fee Offset Agreement No. IFA -44-97 cc: R/W Division Files, ACHD Impact Fee Coordinator, ACHD (with enclosures) ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 345-7680 RECEIVED DEC 1 7 1997 NIER"AN CITY ENGWER ol-WhEll., ID M z g.- 00 m 0 CD 0 z O8 ui 0 0 W C) COCO C) LU co co CD C) r,r 0 LJ 2uj < z Cl z / LLJ / 00 -` C3 0 LL d ol-WhEll., S- Lil -0 r"U ,40 Lri co 0 rn 0 0 LO 0 0 0 r,u -8 rm co 0 0 Lri 0 z g.- 0 0 z 0 W COCO C) LU co co C) r,r 0 < z Cl z Ct) (Y) 00 z 0 LL 0 U) 3 0 U) -0 — � 0 a co CL w (g < U) \/LL LU V) W 00 E< cy) co 0 TLU / \ � � S- Lil -0 r"U ,40 Lri co 0 rn 0 0 LO 0 0 0 r,u -8 rm co 0 0 Lri 0 DATE RECORDED INSTRUMENT # BOOK # PAGE(S) # ROAD IMPACT FEE OFFSET AGREEMENT NO. IFA -44-97 BENEFIT ZONE: West Ada PROJECT NAME: Tully Park Development DEVELOPER City of Meridian 33 east Idaho Meridian, Idaho 83642 (ADDRESS IF DIFFERENT FROM APPLICANT) PROJECT LOCATION: East side of Linder Road between Cherry Lane and 1/4 mile south of Ustick Road //--6-97 97,09.?.- Z/ This Agreement is entered into this 1.51 day of D�ezh, be* , 19-q by and between the ADA COUNTY HIGHWAY DISTRICT, a Body Politic and Corporate of the State of Idaho, acting by and through its authorized representative and: City of Meridian (Name of Applicants) 82-6000225 (Social Security # or Tax ID #) whose current mailing address is (SEE ABOVE), for the purpose herein below stated: I. ACRD ORDINANCE NO. 188: ON FEBRUARY 10, 1993, THE ADA COUNTY HIGHWAY DISTRICT APPROVED ORDINANCE NO. 188 ESTABLISHING A PROGRAM OF ROAD IMPACT FEES. SECTION 15 OF THAT ORDINANCE PROVIDES FOR OFFSETS AGAINST ROAD IMPACT FEES FOR QUALIFYING SYSTEM IMPROVEMENTS PROVIDED BY A DEVELOPER, AND INCLUDES THE FOLLOWING PROVISIONS: A. In the calculation of road impact fees for a particular project, offsets shall be given for the value of any construction of system improvements or contribution or dedication of land or money required by ACHD from a developer for system improvements. B. O'fsets wiii Only be allowed if the proposed improvements are contained In the capital improvements plan, and if the person seeking the offset applies to ACHD in writing prior to breaking ground or otherwise commencing construction of the breaking ground or otherwise commencing construction of the improvements, and if ACHD approves the improvement in writing. C. A developer who is required to construct, fund or contribute system improvements in excess of the road impact fees which would otherwise have been paid for the development project, shall be reimbursed for such excess construction, funding or contribution from road impact fees paid by development located in the benefit zone which is benefitted by such improvements. Any such reimbursements shall be made within three months of the dedication or acceptance of construction unless otherwise agreed. D. If offsets or reimbursements are due to the developer pursuant to this section, the parties shall enter into a written agreement, negotiated in good faith, prior to the construction, funding or contribution. E. The amount of an offset resulting from a right-of-way dedication shall not exceed the greater of the fair market value of, or the acquisition costs attributable to, the real property so dedicated. F. The amount of an offset resulting from a qualified capital improvement shall not exceed the developer's out-of-pocket construction cost for the improvement. II. THE PURPOSES OF THIS AGREEMENT ARE TO: 1) ESTABLISH THE VALUE OF THE RIGHT-OF-WAY DEDICATIONS AND/OR QUALIFYING IMPROVEMENTS ELIGIBLE FOR THE IMPACT FEE OFFSETS, 2) ESTABLISH THE METHOD BY WHICH THE OFFSET WILL BE PROVIDED, AND 3) LIST OTHER TERMS AND CONDITIONS. A. VALUE OF QUALIFYING IMPROVEMENTS The value of the qualifying improvements that are eligible for impact fee offsets is calculated below: Right -of -Way Dedication ITEM DESCRIPTION SQ.FT. COST SQ.FT. TOTAL East side of Linder Rd between Cherry Lane, 1/4 mile s/o Ustick Rd 18,522 $.19 $3,519.00 RIGHT-OF-WAY TOTAL: $3,519.00 Construction Improvements ITEM DESCRIPTION QTY. UNIT PRICE TOTAL None 0 $0.00 $0.00 $0.00 CONSTRUCTION TOTAL: $0.00 TOTAL VALUE: $3,519.00 B. METHOD BY WHICH OFFSET WILL BE PROVIDED The applicant shall be fully compensated for the value of the qualifying improvements determined in Section II.A by the following method: A lump sum payment in the amount of: $Three Thousand, Five Hundred Nineteen Dollars and 00/100 ($3,519.00) 2 C. OTHER TERMS AND CONDITIONS I. Documentation Appropriate and acceptable written documentation establishing the value of all dedicated right-of-way and/or construction improvements must be furnished to the District. 2. Compensation In consideration of the premises and the mutual agreement of the parties, the cash payments amount to the full compensation for the land and/or improvements furnished by the applicant. 3. Assignment The parties agree that payments, as provided in this Agreement, may not be assigned, transferred or conveyed to any other person or property. 4. Compliance with Codes, Standards and Specifications All work by the developer of agent(s) shall comply with all currently adopted specifications of Ada County Highway District for highway construction in effect at the time the contract is awarded, except where otherwise noted. All ordinances and regulations in effect in Ada County and its respective cities, and State of Idaho statutes relating to such work shall be complied with. 5. Enforceability If, for any reason a court determines that ACHD Ordinance 4188, or any amendments thereto or any replacement Ordinance, is null and void, then any further obligation pursuant to this Agreement shall be immediately terminated. 6. Applicable Law The existence, validity, construction, operation and effect of this Agreement and its terms and conditions, and the rights and obligations of each of the parties hereto shall be determined in accordance with and construed pursuant to the laws of the State of Idaho. 7. Severability Any provision of this Agreement which may be prohibited by law or otherwise held invalid shall be ineffective only to the extent of such prohibition or invalidity. Such determination shall not otherwise invalidate or otherwise invalidate or otherwise render ineffective all or any of the remaining provisions of this Agreement. 8. No Agency Relationship Created This Agreement shall not be construed as creating either a partnership or agency an employment relationship between the parties hereto. 9. Entire Agreement This Agreement constitutes the entire Agreement between the parties and superseded any and all prior correspondence, communications, negotiations, discussions and other representations of either of the parties hereto. This Agreement may not be modified in any respect except by an instrument in writing and signed by both parties hereto. WITNESS WHEREOF, the parties hereunto have set their hand, on t1s year, BY: 10-21-97= BEAL= Mayor — City of Meridian Approved by the City Council 10-21-97 Attest By: �L • William G. BY: ADA COU-NTY#RGHWAY DIS ICT < $5,000 Date C? 1.�` Bei e # : mac: ��`Cle §'a tr/;;tt f�N� Date Director of ACHD < $25,000 Date President of ACHD Commission > $25,000 Date STATE OF 1 da �y ) )SS. COUNTY OF 1 On this da CC + beY 19 y of ! L 17, before me, a notary public in and for said State, personally appeared �Fi��- n Cr��Yie �v► �,'tll�rr, 60eq Or. , known to me to be the applicant(s) named in hereinabove Agreement and known to me to be the persons whose name are subscribed to the within instrument and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. iz: `,tttttturrrrrrrr/ (SEAL)` pT A R y r1 , � A AU 9OF '%'�lE �pP .• NOTARY PUBLIC OF STATE OF 3711 a It 0 Residing at-2evityLa'4. , did City, State My Commission Expires: 11 to -27-98 IFA -44-97 Tully Park Linder Road Section 1, T3N, R1W, BM DEED /Z -I-9? e -us c;-" / 1- to -9 7 h. _4 9'7U''d S Z I For Value Received, The CITY OF MERIDIAN, A MUNICIPAL CORPORATION, the Grantor, does hereby grant, bargain, sell and convey unto The ADA -COUNTY HIGHWAY DISTRICT, a Body Politic 'dnd Coiporate of the State of Idaho, the Grantee, whose principal place of business is 318 East 37th Street, Boise, Idaho 83714, the following described real property located in the City of Meridian, County of Ada, State of Idaho, to -wit: A parcel of land for public right-of-way located in the Northwest 1/4 of Section 1, T.3N., R. 1W., Boise Meridian, Meridian City, Ada County, Idaho, more particularly described as follows: BEGINNING at a 5/8 -inch diameter iron pin marking the southwesterly corner of said Northwest 1/4 from which an aluminum cap monument marking the northwesterly corner of said Northwest 1/4 bears North 0°45'12" West, a distance of 2,699.28 feet; thence North 0°45'12" West along the westerly boundary of said Northwest 1/4 a distance of 1,001.71 feet to a point; thence leaving said westerly boundary, South 33 °21'56" East, a distance of 83.49 feet to a point; thence South 0045112" East, a distance of 846.82 feet to a point; thence South 89048'20" West, a distance of 5.00 feet to a point; thence South 0°45'12" East, a distance of 85.00 feet to a point; thence South 89°48'20" West, a distance of 40.00 feet to the POINT OF BEGINNING. Note: This parcel contains 43,079 square feet (0.989 acres) and'is subject to any easments existing or in use. Existing right-of-way for Linder Road from prescriptive use is 24,557 square feet (0.564 acres). Actual taking is 18,522 square feet (0.425 acres). TO HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, its heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee they it is the owner in fee simple of said premises. IN WITNESS WHEREOF, the Grantor, acting by and through its City Council, has caused this instrument to be executed by the Mayor and City Clerk of the City of Meridian on this ,Le day of a&,bJW" 1A��►.,... ATTEST: By Will Berg, City of: ME110 w 15% CITY OF MERIDIAN ert D. Come, Mayor STATE OF IDAHO, COt,.�.�`'� On this lAday of kfyber , 1997, before me, a notary public in and for said State, personally appeared ROBERT D. CORRIE and WILL BERG, known or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, a Municipal Corporation, th Corporation that executed the foregoing instrument for the use and purpose therein mentioned and that the seal is the Corporation Seal of said City of Meridian. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. (SE�"..D,..S Notary Public for the State of Idaho 1 p6 y = Residing at AW4> AA'%^- Idaho * ,o G - My Commission Expires: /0 -27 -,JS Ug �\ + rglE OF .,,,1884111411%,,• OL -ba� pkt��J- (t-7 eCl7t&Zf) l /PU,4 e-�c SRW -6113 December 1, 1997 Mr. John Ande n District W r Superintendent Nampa -M than Irrigation District 5525 Greenhurst Rd. Na a ID 83686 Subject: City of Meridian's Five Mile Creek Pathway Dear John: RECEIVED DEC 0 5 1-97 MERIDIAN CITY ENGINEER The Bureau of Reclamation has reviewed the City's proposed 5 Mile pathway plans within the United States' Five Mile Drain right-of- way and identified no technical or operation and maintenance (O&M) problems. District comments were previously requested in our letter of August 3, 1995. Reclamation looks forward to authorizing the City's pathway contingent upon those activities having no egregious impacts on Five Mile Drain operation and maintenance by the Nampa Meridian Irrigation District. We see the pathway as a tremendous asset to the City's thousands of residents with insignificant effect on the federal irrigation and drainage system. Please review the enclosed pathway license and, if acceptable, have it signed on behalf of the District and returned to this office. Alternatively, advise us of any technical or O&M problems we have overlooked. If we receive no reply from the District within three weeks of this letter's mailing, we will license the City's pathway within the United States' fee and easement areas. Please contact me (ph. 334-1460) if we can provide further information or assistance. Enclosure P Jerrold Area Manager cc: City of Meridian, 33 East Idaho Ave., Meridian ID 83642 Tim Burgess, Civil Survey Consultants, P.O. Box 39, Meridian ID 83680 PC VVI A.,1W (%��,�,,,. G;,� �rea- / g s1/2 � �s Ile of 2c A, �4) . e- 141, �-'v ✓ La Gt/�� /S/ie�.aszh, X88-28 l � - �- /�v /,-, (2. --- ,i 7- - R- G�/�� v 998-3/ 93 /�6 6/1clj� 0,59- /B4i eh e.esa- - &'k ** TX CONFIRMATION REPORT ** DATE TIME TO/FROM 27 10/20 13:54 12083757154 ------------------------ AS OF OCT 20 '97 13:5G PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS G3 --S 01'30" 003 242 OK 7&,65f auvlu ✓ ,4��z`y 7` �G�.L�'Ul �®G�.� �,6c�..�, �3.,, /6/0 Lam, c�wi%ati z -7� ✓ .P- T lec- ✓ ��.�.-,ti.:r �.H. sir- --�- � '� �iZtZr--Pit oT✓/(�6�-h.li�ce. -' �-Pic-� cTPa�-f� 2234 td,.t«.t 888-393 ✓ ���..7`�/� y r 888 -—C- AeLx G? (/�h✓ 0110-2777 6)(- ✓ �6 �iri.�P-w 888' lb4/ el? dr. ✓ �/il� c�6uti.T� 15, -7S Ax %''ta-e �r'ea- / 9.5/12 a c/le_s ** TX CONFIRMATION REPORT ** DATE TIME TO/FROM 06 10/20 09:58 3816681 OFFICIAL WILLIAM G. BERG, JR.. City Clerk JANICE L. SMITH, Ciry Treasurer GARY D. SMITH, RE., City Engineer BRUCE D. STUART. Water Wo" Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P 8 2 Administrator PATTY A. WOLFKIEL. DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON. JR., Attorney AS OF OCT 20 197 09:59 PAGE.01 CITY OF MERIDIAN MODE MIN/SEC PGS CMD# STATUS EC --S 00'23" 001 218 OK HUB OF TREASURE VALLFY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887.2211 Motor VehicidDrivers License (208) 888-4443 ROBERT D. CORRIE Mayor .O IN I M MB RS WALT W. MORROW, President RONALD R,TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & .OMMI4CION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH SPECIAL ANNOUNCEMENT - NEWS RELEASE CITY OF MERIDIAN TULL Y PARK GROUND BREAKING CEREMONY ON MONDAY, OCTOBER 20th, 9997 3:00 PM EAST SIDE OF NORTH LINDER ROAD (NORTH OF W. CHATEAU DRIVE & SOUTH OF CLAIRE STREET) lo o ✓ LaGt/�_ iS/ie�h�. X88-28�Z - �. -C45i� c�%i ���•--lit o� C�.�.�:e. — /_moi. �; `c�►Ze.. 22 34- w, of 888 - 5y e8 —(- /�ta.� BPS -2 777 —&-- /6/o 2 7¢a /�6 621elaza-,- 099-1,041 eh o?e.selc - a. ��2 s -Z-ee Aa &�o . — (4�,/, w we� Jdtrvey — .-T 999-29 S&ec (cozejrx') ojq 2Z3 rL/n 1-(l SA A leea,ko 14�a-ll ale� - -ee�e. �/ove��, 171 . y h b� ? �i�8, 8�� �B c�� Q�cvn.ed� n� 6 �3� . �� �-�� ao o, �) '/74 76 f Z --e- QFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 - FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor SPECIAL ANNOUNCEMENT - NEWS RELEASE CITY OF MERIDIAN TULL Y PARK GROUND BREAKING CEREMONY ON MONDAY, OCTOBER 20th, 9997 @ 3:00 PM COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P—& Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH EAST SIDE OF NORTH LINDER ROAD (NORTH OF W. CHATEAU DRIVE & SOUTH OF CLAIRE STREET) M E M O R A N D U M To: Brad Watson, Assistant City Engineer cc: Gary Smith, City Engineer From: Wayne G. Crookston, Jr. Date: October 7, 1997 Subject: Tulley Park Improvements - Re -bid I have researched the laws pertaining to the request from Boise Paving and Asphalt for relief from their bid on Tulley Park. The laws which are pertinent to this question are 54-902, Idaho Code, 54-904B, Idaho Code, 54-1904C, Idaho Code, and 67-2310, Idaho Code. Also, pertinent to this question is the Information for Bidders contained in the old bid document, which I assume is the same. Section 54-1902 states, in part, as follows: of . . Nor shall a public works contractor accept a bid from any person who at the time does not possess the appropriate license for the project involved. Nor shall a public works contractor accept bids to sub -let any part of any contract for specialty construction from a specialty contractor who at that time does not possess the appropriate license in accordance with this act." 54-1904B, RELIEF FROM BIDS. Subsection (a) states as follows: "If an entity decides that the person submitting the bid is entitled to relief, the entity must prepare a report in writing to document the facts establishing the existence of each element required in section 54- 1904(c)." Subsection (b) states as follows: "The bidder claiming a mistake satisfying the conditions in 54-1904C shall be entitled to relief and have bid security released. Bidders not satisfying 54-1904C shall forfeit any bid security." 54-1904C states, in part, as follows: "The bidder shall establish: a• A clerical or mathematical mistake." b. "Bidder shall give written notice within five (5) calendar days . . . of the mistake specifying mistake occurred." P ying how the C. "The mistake was material." 67-2310, states in part as follows: to . . General Contractor, shall include in his bid . sub -contractors who shall sub -contract the plumbing, heating and air conditioning work, and the electrical work under the general . contract. failure to name sub -contractors bid shall render any . by a general contractor unresponsive and void. Sub -contractors named . . . must possess . . . a license • issued by the state covering the contractor's, work classification in which the sub- contractor is named." (emphasis added) The portion of the information to bidders that is pertinent states: "All contractors (prime, sub -contractors and/or specialty contractors, must hold current public works contracting licensing prior to bid opening." The information to bidders also states as follows: "Must designate mechanical (plumbing and/or air conditioning) and electrical sub -contractors, and their address, he intends to use. Failure to do so will result in the bid being determined non-responsive and will be rejected." To answer your question as to whether or not Boise Asphalt and Paving can substitute R & M Construction as the landscaping sub- contractor rather than using Lakeshore Greenhouse and Landscaping, it is my opinion that this is answered by that portion of 67-2310, Idaho Code, which states as follows: "Sub -contractors named . . . must possess . . . a license • . . issued by the state . . . covering the contractor's work classification, in which the sub -contractor is named." Apparently, R & M Construction does not now have a Public Works License which would enable him to undertake the work, and I assume that they did not have that license when the bid was submitted. Therefore, it is my opinion that Boise Asphalt and Paving cannot substitute R & M Construction for Lakeshore Greenhouse and Landscaping. This opinion is also supported by the Information for Bidders at Page BD -2, which I assume stated as it did in the original bid proposal document and which states as follows: "Each bidder must designate the mechanical (plumbing and/or air conditioning) and electrical sub -contractors, and their addresses, he intends to use. Failure to do so will result in the bid being determined non-responsive and will be rejected." I assume, that since you stated in your letter to me, that the revised bid documents required that they list all sub -contractors they intended to use on the project, that all contractors had to have the appropriate Public Works Contractors License prior to the bid opening. Since R & M Construction does not now have the appropriate license, I assume that they did not have the appropriate license at the time of the bid opening, and therefore, they cannot be used now to perform sprinkler and landscaping sub- contract. With regard to your second question about changing the mechanical sub -contractor from Nu - Mechanical to YMC, Inc. this is answered by 67-2310, Idaho Code, which states in part as follows: "General Contractor shall include in his bid . sub- contractors who shall . sub -contract the plumbing, heating and air conditioning work . . . . . . failure to name the sub -contractor . . . shall render any bid . . . by a general contractor unresponsive and void." (emphasis added) Since you said, in your Memorandum to me, that the revised bid documents required that the bidder list all sub -contractors they intend to use on the project, I assume that Boise Asphalt and Paving intended to use Nu -Mechanical as their mechanical sub- contractor. Therefore, it is my opinion that the change in the mechanical contractor would violate Section 67-2310, Idaho Code, because it states that the contractor shall include in his bid, sub -contractors who shall sub -contract the plumbing, heating and air conditioning work. I assume that since the revised bid required that Boise Asphalt and Paving list all their sub- contractors that 67-2310 is violated when they desire to change the mechanical contractor, which is a required sub -contractor. I also believe that Boise Asphalt and Paving has not complied with the requirements of 54-1904C, which addresses what must be done when the bidder has made an error in his bid. 54-1904C addresses clerical or mathematical mistakes, how the mistake was made, and show that the mistake was material. I do not believe that Boise Asphalt and Paving has addressed any of these requirements in their letter dated October 6, 1997, requesting the changes on their bid. They have addressed no clerical or mathematic mistake, they have not addressed how the mistake occurred, nor have they addressed that the mistake was material. There is no doubt in my mind that if they received an additional bid; which was for less dollars, that the error was material but they have not shown that it was a mistake. I do not believe that they have established what needs to be established under 54-1904C, and they therefore are not entitled to the relief that Section 54- 1904C would allow them even if they presented the necessary information. Therefore, it is my opinion that Boise Asphalt and Paving must stand by their original bid. city\memorand\watson.brd c MERIDIAN CITY COUNCIL PAGE 12 Kingsford: At the time that that was approved it wasn't a requirement of the City that they be tiled. It is now after that fact. At the time that was out in there was a couple of adjacent property owners that wanted it to be open. They wanted to have the water moving through and landscape to it. The Moticn was made by Tolsma and seconded by Giesler to table this until the next meeting in September. Motion Carried: All Yea: Forrey: Regarding the possible park site in the northwest area of the City. The Council has been looking at some land and some access and we've had some good contact with Joe Simunich and I think he wants to speak to you tonight. Joe Simunich, 955 W. Ustick: I've got three different items that I would like to mention to the Council. The first one is Waterbury Subdivision. I don't know to what degree the plats have been approved for this subdivision, but this subdivision comes in from Meridian Road, it goes in a half a mile and makes a complete horseshoe and comes back out. From Linder Road you've got a subdivision that's already built with a single access that comes in a quarter of a mile. What is happening to the land in the center of this section north of Five Mile Creek it's getting blocked off. The only accesses that will be available to it would be bridges over Five Mile Creek either at 8th Street or at 11th Street or some other point. Apparently there is no other point now except 11th Street and 8th Street because the land is all subdivided. I was just wondering the Council may want to take another look at this Waterbury Subdivision to see if they couldn't provide an access to the west so there could be a continuous road from Linder Road to Meridian Road without having a piece of property that is deadlocked in the center with no access other than a bridge across. Kingsford: That's already been completed. Simunich: Feels that the notification of developments needs to be expanded to a bigger area than within 300 feet. The last thing I want to address is this proposed park purchase from the Tully family. Five Mile Creek has easements on beth sides of -t, you could build a bi ,e path in the f _it�_tre to enhance that part of Meridian from the intersection of Linder and Ustick goad ali the way through and ccme out here by James Court. If MERIDIAN CITY COUNCIL PAGE 14 the City moves ahead and develops a community park at the proposed Tully property location, my family will donate land to the City for access to this park. The amount of land is approximately 15,000 square feet which is over 1/3 of an acre. In future development this could be a residential lot but we have chosen to donate this to the City. We would like a letter from the City if they accept this and purchase the Tully property as a receipt for the amount specified here as a gift to the City. We have two other requests concerning this donation. We feel we shouldn't have to incur any cost in the donation, for surveying, title fees or whatever. We will sign a deed that is prepared for this property. Also we would like to reserve the right if in the future we need to put a bridge over Five Mile Creek at 11th Street so we could access the back of our property. Thank you for your time. Kingsford: Thank you. Forrey: The bid opening for the Phase II Project was yesterday. The lowest bid is well above the block grant budget. Gave Council a summary of bids. (Explained Further - see tape) I talked to the Department of Commerce and they suggested that the City should hold off and re -bid the project at a later date. My personal recommendation would be to put this off for at least two weeks and let the downtown committee get together, have a meeting, look at the LID assessment rate and the timing side of this, then come back to the Council at the next meeting with a recommendation. (Further - see tape) Kingsford: I would suggest that we table this until the next meeting. The Motion was made by Tolsma and seconded by Giesler to table this issue until the next meeting in September. Motion Carried: All Yea: Forrey: In this new law, the Americans with Disabilities Act there are some requirements that pertain to Cities and their public buildings. In any new future acquisition of the City of Meridian, or any new construction, the law states that elevators are generally not required in buildings that are under three stories or fewer than 3000 sq. feet on a floor and if there's any space in that upper floor that is used by record storage or administrative and you have employees that have disabilities and they need to access those rooms then You would have to have an elevator. You might want t0 conside- this in any future -acQu4. _ It _ on5. OFFICIALS WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T. SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. "BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor October 22, 1997 Mr. Jerrold D. Gregg Snake River Area Manager Bureau of Reclamation 214 Broadway Boise, ID 83702 Subject: City of Meridian Park System Dear Mr. Gregg: COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M.ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH As you well know, the City of Meridian has a dire need for park and recreation areas. City officials have previously discussed with your staff possibilities of a City greenbelt pathway along the Five Mile Drain within the federal lands and easements connecting Tully Park with adjacent neighborhoods. After looking into this matter further, the width (up to 140 feet) of those federal lands offer additional opportunities for a linear park and possibly tennis courts. The City's 25,000 residents would make great use of such facilities and be deeply appreciative of your agency. Please accept this letter as a formal request from the City of Meridian for a license to use the federal lands along the Five Mile Drain between Linder and Meridian Roads for public recreation purposes. The City recognizes that operation and maintenance of the Five Mile Drain remains paramount. The City anticipates no activities within the drain right-of-way, as defined in Idaho Code 42-1102, inconsistent with the rights of the United States or the Nampa Meridian Irrigation District. We would also appreciate your guidance as to how the City might facilitate an eventual public discount conveyance of the land to the City for public park or recreational purposes. Date Mr. Jerrold D. Gregg Snake River Area Manager Bureau of Reclamation 214 Broadway Boise ID 83702 Subject: City of Meridian Park System Dear Mr. Gregg: As you well know, the City of Meridian has a dire need for park and recreation areas. City officials have previously discussed with your staff possibilities of a City green belt pathway along the Five Mile Drain within the federal lands and easements connecting Tully Park with adjacent neighborhoods. After looking into this matter further, the width (up to 140 ft.) of those federal lands offer additional opportunities for a linear park and possibly tennis courts. The City's 25,000 residents would make great use of such facilities and be deeply appreciative of your agency. Please accept this letter as a formal request from the City of Meridian for a license to use the federal lands along the Five Mile Drain between Linder and Meridian Roads for public recreation purposes. The City recognizes that operation and maintenance of the Five Mile Drain remains paramount. The City anticipates no activities within the drain right-of-way, as defined in Idaho Code 42-1102, inconsistent with the rights of the United States or the Nampa Meridian Irrigation District. We would also appreciate your guidance as to how the City might facilitate an eventual public discount conveyance of the land to the City for public park or recreational purposes. We look forward to a positive reply at your soonest convenience. Sincerely yours, /s/ Mayor cc: Sen. Di kKem thorne Sen. Lar aig Rep. Helen,,, noweth From: <dpatton@sspafac.idbsu.edu> To: bsu.POCOLLEG(DPATTON),bsu.smtp("dpatton@sspafac.id... Date: 7/30/97 1:46pm Subject: Meridian pathway Dear Dave- if the City wants the 10± acres the U.S. owns and an OK to use the U.S. canal easement along the remainder, this letter (in WordPerfect 6.1) might get things going. Also, regardless of what the irrigation district says, the U.S., not the ID owns the land and facility -- don't let 'em bluff you. - John WILLIAM G. BERG, JR., City Clerk JANICE L. SMITH, City Treasurer GARY D. SMITH, P.E., City Engineer BRUCE D. STUART, Water Works Supt. JOHN T SHAWCROFT, Waste Water Supt. DENNIS J. SUMMERS, Parks Supt. SHARI L. STILES, P & Z Administrator PATTY A. WOLFKIEL, DMV Supervisor KENNETH W. BOWERS, Fire Chief W.L. 'BILL" GORDON, Police Chief WAYNE G. CROOKSTON, JR., Attorney HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 Phone (208) 888-4433 • FAX (208) 887-4813 Public Works/Building Department (208) 887-2211 Motor Vehicle/Drivers License (208) 888-4443 ROBERT D. CORRIE Mayor October 14, 1997 Mr. Larry Sale Director, Development Services Ada County Highway District 318 E. 37`s St. Boise, Idaho 83714 RE: TULLY PARK — DEVELOPMENT PLANS Dear Larry: COUNCIL MEMBERS WALT W. MORROW, President RONALD R. TOLSMA CHARLES M. ROUNTREE GLENN R. BENTLEY P & Z COMMISSION JIM JOHNSON, Chairman MALCOLM MACCOY KEITH BORUP RON MANNING BYRON SMITH We are in receipt of your review comments for the development plans of this public park project. We appreciate your approval of our request to separate the sidewalk from the curb and gutter along Linder Road so the location of the existing power line poles can be maintained. This project is funded from our property tax generated General Fund. As such, the expended funds need to be directed to physical park improvements. A part of your plan review comments requires payment of $72,250. into the ACHD Road Trust Fund. We are told this payment is to cover one-half (1/2) the cost of constructing a future bridge across Five Mile Creek to coincide with the future extension of NW I Ph Ave. It is our opinion that the property to be served by a future extension of NW I I'h Ave. will not be developed in the near future. The taxpayers of Meridian will better realize the benefit of investing this money in construction of Tully Park than by placing it in a Trust Fund for construction of a facility that has no date certain. We do not understand your requirement making us responsible for trust funding the construction of one-half of a bridge structure that has no beneficial impact to the functioning of this park. We assume this requirement is based on the very short length of contiguity between the park and a future extension of this street, which we do not feel is relevant to the development of this park. We would appreciate confirmation that extension of NW I It" St is required for traffic circulation and not because the street was stubbed in that direction in 1980. This is the only proposed crossing of Five Mile Creek between Meridian Road and Linder Road and it is connecting a property that has a sizable frontage to Ustick Road and is connected to existing subdivision roadways to the east and to the west. Since rely, Mayor Robert D. Corrie Counc' Walt Morrowci Aenne Councilman Charlie Rountree C unci an Ron Tolsma Cc: File c�nc SUSAN S. EASTLAKE, President GARY E. RICHARDSON, Vice President SHERRY R. HUBER, Secretary Brad Watson EIT City of Meridian 33 East Idaho Meridian, Idaho 83642 RE: Tully Park IMPACT FEE OFFSET AGREEMENT IFA -44-97 Dear Brad: FR-Fc:`T`�D SEP 2 2 1997 MERIDIAN CITY ENGINEER Ad September 18, 1997 OFFLET LETTER 2 Please review the attached Impact Fee Offset Agreement for your project and if it is acceptable to you, sign it, have your signature notarized and return the original Agreement and Warranty Deed to me. Upon ACHD's receipt and approval of the signed Agreement and Deed, the amount due to you will be processed for payment. This process will take up to thirty days from receipt of the signed Agreement and Deed. Sincerely, 44a Larry Sale Impact Fee Administrator cc: IFA-chron/file/corresp ada county highway district 318 East 37th • Boise, Idaho 83714-6499 • Phone (208) 34,5-7680 DATE RECORDED INSTRUMENT # BOOK # PAGE(S) # ROAD IMPACT FEE OFFSET AGREEMENT NO. IFA -44-97 BENEFIT ZONE: West Ada PROJECT NAME: Tully Park Development DEVELOPER City of Meridian 33 east Idaho Meridian, Idaho 83642 (ADDRESS IF DIFFERENT FROM APPLICANT) PROJECT LOCATION: East side of Linder Road between Cherry Lane and 1/4 mile south of Ustick Road This Agreement is entered into this day of , 19_ by and between the ADA COUNTY HIGHWAY DISTRICT, a Body Politic and Corporate of the State of Idaho, acting by and through its authorized representative and: City of Meridian (Name of Applicant(s) 82-6000225 (Social Security # or Tax ID #) whose current mailing address is (SEE ABOVE), for the purpose herein below stated: I. ACHD ORDINANCE NO. 188: ON FEBRUARY 10, 1993, THE ADA COUNTY HIGHWAY DISTRICT APPROVED ORDINANCE NO. 188 ESTABLISHING A PROGRAM OF ROAD IMPACT FEES. SECTION 15 OF THAT ORDINANCE PROVIDES FOR OFFSETS AGAINST ROAD IMPACT FEES FOR QUALIFYING SYSTEM IMPROVEMENTS PROVIDED BY A DEVELOPER, AND INCLUDES THE FOLLOWING PROVISIONS: A. In the calculation of road impact fees for a particular project, offsets shall be given for the value of any construction of system improvements or contribution or dedication of land or money required by ACHD from a developer for system improvements. B. Offsets will only be allowed if the proposed improvements are contained in the capital improvements plan, and if the person seeking the offset applies to ACHD in writing prior to breaking ground or otherwise commencing construction of the breaking ground or otherwise commencing construction of the improvements, and if ACHD approves the improvement in writing. C. A developer who is required to construct, fund or contribute system improvements in excess of the road impact fees which would otherwise have been paid for the development project, shall be reimbursed for such excess construction, funding or contribution from road impact fees paid by development located in the benefit zone which is benefitted by such improvements. Any such reimbursements shall be made within three months of the dedication or acceptance of construction unless otherwise agreed. C. OTHER TERMS AND CONDITIONS I • Documentation Appropriate and acceptable written documentation establishing the value of all dedicated right-of-way and/or construction improvements must be furnished to the District. 2. Compensation In consideration of the premises and the mutual agreement of the parties, the cash Payments amount to the full compensation for the land and/or improvements furnished by the applicant. 3. Assignment The parties agree that payments, as provided in this Agreement, may not be assigned, transferred or conveyed to any other person or property. a. Compliance with Codes, Standards and Specifications All work by the developer of agents) shall comply with all currently adopted specifications of Ada County Highway District for highway construction in effect at the time the contract is awarded, except where otherwise noted. All ordinances and regulations in effect in Ada County and its respective cities, and State of Idaho statutes relating to such work shall be complied with. 5. Enforceability If, for any reason a court determines that ACHD Ordinance #188, or any amendments thereto or any replacement Ordinance, is null and void, then any further obligation pursuant to this Agreement shall be immediately terminated. 6. Applicable Law The existence, validity, construction, operation and effect of this Agreement and its terms and conditions, and the rights and obligations of each of the parties hereto shall be determined in accordance with and construed pursuant to the laws of the State of Idaho. 7. Severability Any provision of this Agreement which may be prohibited by law or otherwise held invalid shall be ineffective only to the extent of such prohibition or invalidity. Such determination shall not otherwise invalidate or otherwise invalidate or otherwise render ineffective all or any of the remaining provisions of this Agreement. 8. No Agency Relationship Created This Agreement shall not be construed as creating either a partnership or agency an employment relationship between the parties hereto. 9. Entire Agreement This Agreement constitutes the entire Agreement between the parties and superseded any and all prior correspondence, communications, negotiations, discussions and other representations of either of the parties hereto. This Agreement may not be modified in any respect except by an instrument in writing and signed by both parties hereto. Cf I WITNESS WHEREOF, the parties hereunto have set their hand, on tl}�s d yew, T� BY: 10-21-97= SM Aepnr-antMayor — City of Meridian = C�, Date Appro ed by the City Council 10-21-97 e Attest By: P William G. Be�i1tp, 9PJ.q `C1er BY: ADA COUNTY HIGHWAY DISTRICT Ili;; Meridian Shade Tree Committee Committee Members Paul Calverley 913 River Heights 888 - 1558 (h) (Master Gardener) Meridian, ID 83642 381 - 0160 (h) Scott Gull P.O. BOX 4 (Gull Pest Control) Meridian, ID 83680 888 - 4988 (w) Brian Jorgenson 999 Scrivner Way 888 - 6843 (h) (Boise Community Forestry) Meridian, ID 83642 384 - 4083 (w) (Meridian City Council) Meridian, ID 83642 384 - 4178 (fax) Jack McGee P.O. Box 70 336 - 4475 (h) (Idaho Power) Boise, ID 83707 388 - 2759 (w) Bill Moore P.O. Box 397 322 - 1251 (h) (SW Idaho RC&D) Kuna, ID 83634 922 - 5140 (w) Kim Pinkston 304 W. Washington 888 - 4961 (h) (Du -Rite Nursery) Meridian, ID 83642 Kim Reaves 495 N. Orchard Ave. 922 - 9607 (h) (Northwest Turf & Garden) Kuna, ID 83634 Lynn Steadham 975 W. 11th St. 888 - 7832 (h) (Woolf Tree Service) Meridian, ID 83642 Support Personnel Frank Thomason 817 Thatcher St. 381 - 0160 (h) (Eagle Express) Boise, ID 83702 Rick Heller 4892 Clark #2 342 - 7893 (h) (City of Meridian) Boise, ID 83705 888 - 3579 (w) Charlie Rowntree 33 E. Idaho Ave. 888 - 4433(w) (Meridian City Council) Meridian, ID 83642 data4pWrnstc.1st August 19, 1996 TO: Meridian Shade Tree Committee Members FROM: Brian Jorgenson, Committee Chair DATE: January 28, 1997 SUBJECT: JANUARY 23rd MEETING SUMMARY This week the meeting opened with a short video produced by American Forests. The video summarized their Cool Communities project and listed some of the many ways trees benefit cities, especially with the cooling effects of their shade. Thanks to Jack McGee for coming thru at the last minute and giving us a place to meet at Idaho Power. Hopefully, we can avoid getting booted from City Hall in the future. If not, we will find a more "permanent" home! One topic brought up this week was tree planting (or lack of it) at Tolley (sp?) Park, Meridian's newest park. In order to find more information, Frank Thomason, will call Gary Smith city engineer to ask questions about the park's progress, including landscaping. More later... The main topic of the evening was the Forestry work plan, both short and long term. Everyone agreed that the first order of the year should be completing requirements for Tree City USA designation. (Can you list them??) Other topics and priorities (including hazard tree removal, planting and pruning) were also discussed, but all agreed they should be put off until a later date, after the initial tasks are done. Four main areas of work were identified: 1) Arbor Day Event Planning - Discussion centering around what/where to plan Arbor Day event/proclamation. Mayor Corrie at the last meeting seemed to prefer an event at the new pocket park proposed in downtown. However, no one really seemed to know when that park would be coming on line. Given this, another event not connected with something else seemed more practical. An event at a local elementary school has a lot of promise. It will be good for MSTC exposure to public, and will look good to press. Kim P. and Bill will contact superintendent and principals of schools to get their support. Then we will go to Mayor/Council for their OK. Local nursery will (hopefully) donate part of funds to purchase a tree or two. NEWS: The Idaho Forest Products Commission and Dept of Lands is proposing a "Tree City USA" recognition event at the state capitol on or near Arbor Day that would involve Gov. Batt. If this is the case, we may need to adjust our Arbor Day schedule because I would like Mayor Corrie to attend the recognition event. 2) Ordinance - We will be going over the Moscow tree ordinance line by line in the next meeting. Everyone PLEASE be sure to come prepared. Review Tree City USA Bulletin #9 and then read the Moscow ordinance. Make notes regarding what you like and what you don't like about the ordinance (or what you don't understand). Also include notes on what may be missing or questions you have concerning enforcement of any provision (in a "less -government" environment). We will try to piece together the rough draft of the ordinance, or at least get a good start on it. 3) Per Capita Forestry Spending - Rick will contact Councilman Rowntree regarding items we will include in to reach the goal of $2 per resident spent on forestry related items. Jack McGee will try to get an estimate of what Idaho Power is doing this year in regards to line clearance pruning. Idaho Power spending should be more than enough to fulfill this requirement. Other items to include are tree pruning/planting/removal in parks, street sweeping and parks employee wages. Others? 4) Inventory - We will organize and complete a public tree inventory by the end of June this year. This information will help us to make further decisions regarding planting, removal and pruning, and may have a bearing on what will be included in the ordinance. Everyone will participate in the inventory, if they wish. Start boning up on your tree identification! Maybe we should have a test... Bill Moore will make a presentation to Meridian Council on February 4th asking them to consider sponsoring the local RC&D. It would be nice if some of us could be there to support Bill. This sponsorship will open up availability of grant funds for future MSTC projects. Bill will address the Council at a work session which begins at 7pm. Thanks to all of you for attending! Next meeting: February 26 (Wednesday) at 7 p.m. @ City Hall. TO: Meridian Shade Tree Committee Members FROM: Brian Jorgenson, Committee Chair DATE: January 10, 1997 SUBJECT: DEC. 19 MEETING SUMMARY/MISSION STATEMENT Thanks to everyone for coming to the meeting? Thanks especially to Mayor Corrie for attending - it was a real shot in the ann for all the MSTC members. I wanted to drop a short summary your way and send some information as well. I think the mission statement we constructed will serve us very well. We also made a couple of small but key changes to the Vision Statement. They are: The Meridian Shade Tree Committee will provide the City of Meridian with ongoing support in developing a community of trees. " "Working cooperatively with city leaders, business owners and private citizens, the Meridian Shade tree committee will: Create and protect a healthy, safe community of trees Provide educational opportunities relating to trees Develop a dynamic community forestry plan" At Mayor Corrie's request, I will include a definition for the term "Community Forestry". Subcommittees Other items covered on the agenda included formation of several subcommittees addressing several topics. I have collected a list of interested persons willing to work on each committee, if you are interested please let me know: • Forestry Plan Subcommittee: All members Purpose: To create long & short term community forestry work plans • Events Subcommittee: Kim P., Bill, Rick Purpose: To plan and organize participation in special events (i.e. Arbor Day, parades, city events) • Ordinance Subcommittee: Scott(?), Brian, Kim R., Rick, City Attorney Purpose: To write an ordinance detailing requirements for public tree work • Budget Subcommittee: Bill, others? Purpose: To identify MSTC's needs (if any) for operating expenses and forestry budgets. Tree purchases, removal & pruning contracts etc. Landscape Review: All members Purpose: To assist Planning & Development by reviewing landscaping plans for tree related issues (i.e. utilities, species selection, density). Also work with city administrators to define landscape design guidelines. Tree Inventory: Rick, Paul, Brian Purpose: To physically inventory all publically owned trees in Meridian as to species, size, condition and other factors. Help to define forestry work plan for long range. Each of these subcommittees depends at least partly upon the Community Forestry Plan (long & short term). The plan will help us to define priorities for at least 1997 and hopefully set a course for the next 5 years. Other business Each member received a copy of the City of Moscow's tree ordinance. Please review and compare it to the sections in the Tree City Bulletin #9. If you have comments or questions, bring them to the next meeting. Members unanimously decided to forgo formal job descriptions at this time. City tree tour will be scheduled for next spring, after leaf out (& sun out) NEXT MEETING IS SCHEDULED FOR THURSDAY JANUARY 23rd at 7 p.m. Please be there as we will begin to set up an annual work plan which will determine our course for the next 12 months. Meeting adjourned at 8:50 p.m. PS I've also included an application for the Idaho Horticulture Convention & Trade Show. Please note the Convention Highlights and the Arborist Training Courses. This is a great opportunity to expand your knowledge of arboriculture issues! Meridian Shade Tree Committee Committee Members Paul Calverley 913 River Heights 888 - 1558 (Master Gardener) Meridian, ID 83642 Scott Gull 1720 W. Franklin Rd. 342 - 7893 (h) (Gull Pest Control) Meridian, ID 83642 888 - 4988 (w) B 999 Scrivner Way 888 -6843 (h) 43A1�E'-�1`14Qw44Y G^rA Meridian, ID 83642 384 -4083 (w) 5140 (w) 384 -4178 (fax) Jack McGee P.O. Box 70 336-4475 (h) (Idaho Power) Boise, ID 83707 388 -2759 (w) Kim Pinkston 304 W. Washington 888 -4961 (Du -Rite Nursery) Meridian, ID 83642 Kim Reaves 495 N. Orchard Ave. (208) 922 - 9607 (Northwest Turf & Garden) Kuna, ID 83634 Lynn Steadham 975 W. 11 th St. 888 -7832 (Woolf Tree Service) Meridian, ID 83642 Support Personnel Frank Thomason 817 Thatcher St. 381 -0160 (Eagle Express) Boise, ID 83702 Rick Heller 4892 Clark #2 342 - 7893 (h) (City of Meridian) Boise, ID 83705 888 - 3579 (w) Bill Moore P.O. Box 397 322 - 1251 (h) (SW Idaho RC&D) Kuna, ID 83634 922 - 5140 (w) data\wp60\mstc. I st August 19, 1996 Meridian Shade Tree Committee Committee Members Paul Calverley 913 River Heights 888 - 1558 (Master Gardener) Meridian, ID 83642 Scott Gull 1720 W. Franklin Rd. 342 - 7893 (h) (Gull Pest Control) Meridian, ID 83642 888 - 4988 (w) Brian Jorgenson 999 Scrivner Way 888-6843 (h) (Boise Community Forestry) Meridian, ID 83642 384-4083 (w) 384-4178 (fax) Jack McGee P.O. Box 70 336-4475 (h) (Idaho Power) Boise, ID 83707 388-2759 (w) Kim Pinkston 304 W. Washington 888-4961 (Du -Rite Nursery) Meridian, ID 83642 Kim Reaves 495 N. Orchard Ave. (208) 922 - 9607 (Northwest Turf & Garden) Kuna, ID 83634 Lynn Steadham 975 W. 11th St. 888 -7832 (Woolf Tree Service) Meridian, ID 83642 Suaaort Personnel Frank Thomason 817 Thatcher St. 381 -0160 (Eagle Express) Boise, ID 83702 Rick Heller 4892 Clark #2 342 - 7893 (h) (City of Meridian) Boise, ID 83705 888 - 3579 (w) Bill Moore P.O. B( -x 397 322 - 1251 (h) (SW Idaho RC&D) kui -:i, ID 83634 922 - 5140 (w) data\wp60\mstc.1st August 19, 1996 TO: Meridian Shade Tree Committee Members FROM: Brian Jorgenson, Committee Chair DATE: December 5, 1996 SUBJECT: Date for next committee meeting We had a very low turnout for the November 21 Committee meeting! Jack McGee, Scott Gull, Lynn Steadham and my (sick) self had a short discussion with Shari Styles, Meridian Planning manager, regarding trees in commercial, industrial and residential developments. Shari is interested in creating a landscaping guidebook or ordinance to ensure adequate & healthy landscape trees in new developments. Meeting adjourned at 7:40. Our next meeting will be Thursday, December 19 at 7 pm at Meridian City Hall. Please come with questions, concerns and ideas as Mayor Corrie is planning on attending to speak with us for a short time. We'll also try to piece together a Mission Statement and amend (if necessary) the Vision Statement. We'll also look at some ordinances from other communities. I'll try to mail those before the meeting. I've enclosed Tree City USA bulletin #9 - How to Write a Municipal Tree Ordinance. Please read before attending. If you have questions or concerns, please call me. Thanks. Published by The National TM Arbor Day Foundation 100 Arbor Avenue • Nebraska City, NE 68410 How to Write a M unicipal Tree Ordinance TREE CITY USA BULLETIN No. 9 Dr. James R Fazio, Editor • $3.00 ---.v 10 a puwerrw torte Tor the promotion of tree care and urban forestry. It is a program that has caught the imagination of citizens, elected officials and urban tree professionals. Over 2,000 communities now fly the flag of accomplishment, a composite area that is home to some 80 million Americans. At the heart of the Tree City USA program are four basic requirements: The community must have (1) a tree board or department, (2) an annual community forestry program backed by the expenditure of at least $2 per capita for trees and tree care, (3) an annual Arbor Day proclamation and observance, and (4) a tree care ordinance. In this special issue of Tree Citi USA Bulletin, sections of a model ordinance are presented, exp 1z- -ped and illustrated with actual examples. Not every section will be appropriate to all communities, and there are others in use that are not included in this general coverage of the topic. The purpose of this .issue is to provide a starting point for the thousands of communities that do not have an adequate tree ordinance. Although an ordinance is only as good as the administrative program that backs it up—including support for education and, when necessary, enforcement—a munici- pal tree ordinance and involvement in the Tree City USA program are giant strides in the direction of healthier urban trees and a quality environment. �;;Z �C�2� John Rosenow, President National Arbor Day Foundation .......... ..JRr_7 77— 0 Why a Tree Ordinance? Ordinances reflect the values of a community, the values its residents believe are worth protecting to maintain their quality of life acid an environment that is both safe and pleasant. A community's trees, often called the "urban forest," are very much the kind of community asset that deserves to be protected and managed for the common good. A tree ordinance encourages beautification, air cooling and purification, noise abatement, property value enhancement and the other attributes of trees within a city. It also enables citizens to prevent and control the spread of diseases, to preserve trees in the path of development, and to avoid unnecessary costs associated with sewer clogging, sidewalk replacement and tree -related accidents. An ordinance may also give force and direction to professional tree care within the municipality's work force and helps control unscrupulous or careless operators. Ordinances vary in length and complexity, but the key to effectiveness is to write the ordinance simply, clearly and tailored to the needs of your community. In the end, a tree ordinance is just another tool for proper tree care. Like any tool, it needs to be of high quality, matched properly to the job, and used with skill and care. •Be•n the The ordnance sections and their descriptions thatfollow are based largely on the work of Philip J. Hoefer of the Colorado State Forest Service. His compilation resulted in a publication, Municipal Tree Ordinance Manual, that was developed by the Municipal Arborists and Urban Foresters Society, a special interest group of the International Society of Arboriculture (ISA), The manual has been published by ISA and supersedes its earlier publication, A Standard Municipal Tree Ordi- nance, that has been widely used since 1972. We grate- fully acknowledge permission by the author and the societies to use excerpts from their publication and we encourage you to obtain a copy of the manual as refer- enced on page 8. In its entirety, the manual consists of an introduction, sections for possible inclusion in an ordinance, three sample ordinances (one quite short, the other more comprehensive, and the 1972 standard ordinance), and a "standards and specifications" section. The latter consists of detailed guidelines to arboricultural practices such as planting and pruning, maintenance, removal, landscap- ing, contracting, and similar activities that are important in any community forestry program. A standards and specifications section is recommended as a separate but companion part of a municipal ordi- nance. This is because including such a large amount of detail directly in the ordinance itself is cumbersome and difficult to change. For greater flexibility it is better to keep the ordinance brief, but to authorize the designated forestry body (board, commission or department) to promulgate rules, regulations, standards and specifica- tions. These can be published separately and revised as necessary, but still be subject to final approval by the city council or other elected officials. 2 • TREE CRY USA BULIXTIN No. 9 • National Arbor Dae Fuunderion Importantly, each community has different circum- stances that need to be addressed in an ordinance and its accompanying standards and specifications. Use the model ordinance sections and the ordinances of other communiti,s as starting points for developing your own ordinance or to revise one that is not working well, but add or delete sections to match the unique needs and circumstances of your community. Be sure to search your own city Zpdes for any references to trees that may already exist. Finally, use the services of an attorney to review or help write all drafts to assure that your final product is legally sound as well as beneficial to the future of your community's trees. A workable ordinance Detailed performance standards should be short. and specifications are best placed In a separate document. C Suggested Sections for a Tree Ordm'ance Although no two tree ordinances will be exactly alike, there are some basic elements that will help assure that the document is workable and effective. These elements are called sections, and they are presented here with examples and principles that illustrate why each one is necessary. I. PURPOSE PRINCIPLE: An opening statement that clearly sets forth the purpose of the ordinance will help avoid ambiguity in interpretation. This initial section is usually capitalized and in bold print. Example: IT IS THE PURPOSE OF THIS ORDINANCE TO PROMOTE AND PROTECT THE PUBLIC HEALTH, SAFETY, AND GENERAL WELFARE BY PROVIDING FOR THE REGULATION OF THE PLANTING, MAINTENANCE, AND REMOVAL OF TREES, SHRUBS, AND OTHER PLANTS WITHIN THE CITY OF II. AUTHORITY AND POWER PRINCIPLE: Someone within city government must have the clearly designated authority to administer the provisions of the ordinance. This section defines, designates, or creates a department, board, commission, or person responsible for the planting, care and protection of the city's trees. Example: There is hereby created and established a City Tree Board for the City of _ which shall consist of five members, citizens and residents of this city, who shall be appointed by the mayor with the approval of the city council. Members of the board shall serve without compensation. [HOME RULE AUTHORITY: In order to avoid conflicts with state laws governing trees, a statement transferring regulations to the city may be necessary. State, county and city laws will.explain this process. If needed, the statement should be added as a section.] III. TERM OF OFFICE PRINCIPLE: Reasonable and clearly stated terms of office for volunteer boards or commissions will help infuse the program with new ideas on a periodic br.sis and will help avoid the problems created by obstructionists with life or long-term tenure. This section defines length of service, a method for filling vacancies, and the number of consecutive terms (if any) that can be served. Staggering terms can help assure continuity and stability. Example: The term of the five persons to be appointed by the mayor shall be three years, except that the Term of two of the members appointed to the first board shall be for only one year and the term of two members of the first board shall be for two years. In the event that a vacancy shall occur during the term of any member, his or her successor shall be appointed for the unexpired portion of the term. A clearly stated purpose prevents misinterpretation. A tree ordinance and tree board or commission usually go hand in hand. Limited and staggered terms of office lend vitality and continuity to a board. Member diversity assures a blend of ideas and broader public support. A good mix might be one interested attorney, two green industry professionals and two interested residents or business leaders. TREE ©TY USA BULLETIN No. 9 • N.619 ! Arbor Day Foundaam . 3 An ordinance must specify what property it covers, such as... ...along rights-of-way ...in public parks ...in cemeteries. A license requirement protects both trees and property owners. IV APPLICABILITY PRINCIPLE: This section is needed to make it clear what property is covered by the ordinance. This usually includes trees on rights-of-way, public parks, cemeteries, and other public grounds, and sometimes even on private property. An insurance provision helps protect city government and unwary home or business owners who hire someone to do tree work. 4 • TREE crrY USA BULLETIN No. 9 • National Arbor Da% Foundation Example: This ordinance provides full power and authority over all trees, plants and shrubs located within street rights-of-way, parks and public places of the city; and to trees, plants and shrubs located on private property that constitute a hazard or threat as described herein. V. DEFINITIONS PRINCIPLE: To prevent misunderstanding, words that may be unfamiliar to lay citizens should be defined. If a standards and specifications appendix accompanies the ordinance many arboricultural terms can be placed there instead of in this section. Examples of words or terms to define: arborist, contractor, city forester or city arborist, tree, public tree; private tree, tree lawn, parkway, right-of-way, easement, etc. VI. LICENSING PRINCIPLE: One way to protect trees and citizens from irresponsible companies or individuals who pose as arborists is to require practitioners to have a license. Conditions for obtaining the license may even require that the person be a certified arborist. (See Bulletin No. 6.) This section provides licensing authority and includes details such as fees, frequency of renewal, testing procedures, types of licenses, suspensions and appeals, surety bonds, showing identification on equipment, etc. Example: It shall be unlawful for any person to engage in the business of planting, cutting, trimming, pruning, removing, spraying, or otherwise treating trees, shrubs or vines within the City without first producing evidence of certificationtlicense before the City. (An explanation of requirements and fees is then presented.) VII. INSURANCE PRINCIPLE: Arborists work under dangerous circumstances and around high value property. Since it is often difficult for homeowners to ascertain whether property and tree workers are adequately covered, or to insist on such coverage, a provision in the tree ordinance can easily correct the situation. Exainopie: Before any license shall be issued, each applicant shall first file svldence of possession of worker compensation and liability insurance n the minimum amounts of $1,000,000 for bodily iniury or death and $100,000 property damage indemnifying the City or any person injured or damaged resulting from the pursuit of such endeavor as herein described. It VIII. LANDSCAPING PRINCIPLE: This section can assure that trees will be a part of new developments. But planted vegetation can be an asset or a liability — depending on what is planted and how it is done. This part of the ordinance can define a process for having new landscape plans reviewed and approved by the city forester or tree board, with the issuance of building permits only after such a review. Example: In new subdivisions or when the development of commercial property occurs, the city forester shall review landscaping plans and'may require street trees to be planted in any of the streets, parking lots, parks and other public places abutting lands henceforth developed and/or subdivided. IX. TREE PLANTING, MAINTENANCE, AND REMOVAL PRINCIPLE: Good tree care and management is possible only if people have specific information about practices that result in safe, healthy trees that contribute to a quality environment rather than to creating problems. The purpose of this section is to provide that information in the form of requirements. In many ways, it is the heart of a good ordinance. Actually, the material in this section is best included in a separate standards and specifications chapter; but placing it directly in the ordinance is an option. Either way, all specifications should be reviewed at least every five years, and should include such specifics as desirable and undesirable tree species, spacing, pruning techniques, hazardous trees, sight obstruction, and vandalism. A good way to clearly specify pruning and other tree work standards is to follow those established by the National Arborist Association. For specifying what is expected in planting stock, consult the American Association of Nursei ymen's American Standard for Nursery Stock (See page 8). Examples: Tree Species—.The Town Tree Board develops and maintains a list of desirable trees for planting along streets in three size classes: small, medium and large. Spacing —The spacing of street trees will be in accordance with the three species size classes listed in this ordinance, and no trees may be planted closer together than the following: small trees, 30 feet; medium trees, 40 feet; and large trees, 50 feet; except in special plantings designed or approved by a landscape architect. Utilities — No street trees other than those species listed herein as small trees may be planted under or within 10 lateral feet of any overhead utility wire, or over or within 5 lateral feet of any underground water line, sewer line, transmission line or other utility. Distance from Curb and Sidewalk— The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed in Section _ of this ordinance, and no trees may be planted closer to any curb or sidewalk than the following: small trees, 2 feet; medium trees, 3 feet; and large trees, 4 feet. Topping — It shall be unlawful as a normal practice for any person, firm, or city department to top any street tree, park tree, or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this ordinance at the determination of the City Tree Board. Important details of planting and tree care can be placed in the ordinance or in an appendix, or, better, in a separate standards document. Specification examples include— _.suitable species L_* 35' L So' 11 M4N. MIN. _.spacing ...a distance from curb and sidewalk TREE CRY USA BUu.EnN No. 9 • National Arbor Day Foundation Action by officials is sometimes needed on private property for purposes of public safety. K ADJACENT LANDOWNER RESPONSIBILITY PRINCIPLE: Quite naturally, homeowners often want to plant trees or do work on trees that abut their property but are on a public right-of-way. This section describes a process by which the homeowner can do the work, but only in accordance with the sound principles of urban forest management and arboriculture. Example: No person shall plant, remove, cut above the ground, or disturb any tree on any street, park, or other public place without first filing an application and procuring a permit from the city forester. The person receiving the permit shall abide by the standards set forth in this ordinance. XI. TREE PROTECTION PRINCIPLE: Protecting existing trees is a major challenge. Therefore, more and more progressive communities are using this section not only to prevent insect and disease epidemics, but also to protect trees on both public and private property from damage during construction. Increasingly, another use of this section is to identify and protect trees of historic value or unusual qualities (called landmark trees). Requiring permits for all tree removal is one way to achieve these goals. Penalties may be established requiring violators to pay a fine in the amount of the tree's appraised value. Ideally, such funds will be designated solely for planting more trees. Example 1: Upon the discovery of any destructive or communicable disease or other pestilence which endangers the growth or health of trees, or threatens to spread disease or insect infestations, the city forester shall at once cause written notice to be served upon the owner of the property upon which such diseased or infested tree is situated, and the notice shall require such property owner to eradicate, remove or otherwise control such condition within reasonable time to be specified in such notice. Example 2: The following guidelines and standards shall apply to trees proposed (in a developer's "tree protection plan") to be retained ... (Rules are then specified such as not grading or locating utilities within the tree's dripline, placing protective barriers around trees, preventing siltation, etc. Or, developers may be required to preserve a percent of forested tracts, plant trees in open space, or pay into a county tree planting fund so that there is no net loss of tree cover.) Example 3: The city forester shall have as one of his/herduties the location, selection and identification of any trees which qualify as "Landmark Trees." A tree may qualify as a Landmark Tree if it meets one or more of the following criteria: (Criteria may include species rarity, old age, association with a historical event or person, abnormality, scenic enhancement, etc.) XII: PRIVATE TREES 6 -TREE crry USA BUMETBV No. 9 • National Arbor Dar Foundation PRINCIPLE: Since trees on private property often affect the safety and welfare of other trees and people other than the owner, a provision is needed to allow community action in such cases. This section provides authority to inspect private trees, designate them as public nuisances and demand their removal when necessary. Example: The city forester or his/her official designee has the authority to enter onto private property whereon there is located a tree, shrub, plant or plant part that is suspected to be a public nuisance and to order its removal if necessary. (Note: An appropriate legal definition of a public nuisance is needed here, such as any tree with an infectious disease or insect problem; dead or dying trees; a tree or limb(s) that obstruct street lights, traffic signs, the free passage of pedestrians or vehicles; a tree that poses a threat to safety, etc. Also needed is a description of the legal process for notifying property owners and causing abatement of the nuisance, including removal and billing for costs by the city if action is not taken by the owner.) XIII. PERMITS PRINCIPLE: Permits provide a way to make certain that anyone who plants, does work on or removes a public tree (and sometimes private trees) ii; knowledgeable and capable of doing the job right. Permits also are a means to assure compliance with standards and specifications, allow for follow-up inspections, and generally serve as a tool for enabling a community to control the future of its urban forest. Example: No person except the City Arborist, his/her agent, or a contractor hired by the City Arborist may perform any of the following ads without first obtaining from the City Arborist a permit for which no fee shall be charged: (treatments and actions are listed, each one specifying whether it applies to trees on public land or to any tree, clic or private). Note: An example of a permit form is included in the MAUFS/ISA "Municipal Tree Ordinance Manual." XIV. ENFORCEMENT PRINCIPLE: For an ordinance to. be more than a piece of paper, authority must be given to the city forester or other official to enforce the provisions. This includes the right to issue notices of violations, notices to perform work and to stop work. Example: The city forester shall have the power to promulgate and enforce rules, regulations and specifications concerning the trimming, spraying, removal, planting, pruning and protection of trees, shrubs, vines, hedges and other plants upon the right-of-way of any street, alley, sidewalk, or other public place in the city, (Details about the process of rule-making, review and approval by the governing body, and enforcement need to be included.) XV. PENALTIES, CLAIMS AND APPEALS PRINCIPLE: Enforceable, meaningful ordinances must contain provisions for penalties and violations. Most cities have standard statements that will work in a tree ordinance, or one may be written specifically related to trees. There needs to be a process for the city to do needed work if a landowner fails to comply with an order; and an appeal route. Examples: Violations—Any person who violates any provision of this ordinance or who fails to comply with any notice, issued pursuant to provision of the ordinance, upon being found guilty of violation, shall be subject to a fine not to exceed $500 for each separate offense. Each day during which any violation of the provisions of this ordinance shad; occur or continue shall be a separate offense. If, as the result of the violation of any provision of this ordinance, the injury, mutilation, or death of a tree, shrub, or other plant located on city -owned property is caused, the cost of repair or replacement, or the appraisni dollar value of such.tree, shrub, or other plant, shall be borne by the party in violation. The value of trees and shrubs shall be determined in accordance with the latest revision of A Guide to the Professional Evaluation of Landscape Trees, Specimen Shrubs, and Evergreens, as published by the International Society of Arboriculture. Assessment of Claim --4n the event that a nuisance is not abated by the date specified in the notice, the City Arborist is authorized to cause the abatement of said nuisance. The reasonable cost of such abatement shall be filed as a lien against the property on vibich the nuisance was located. In addition, the owner of the property upon which the nuisance was located shall be subject to prosecution. Appeals—(Include your municipality's standard appeals process.) XVI. OTHER Because circumstances vary so widely between municipalities, there may be - other sections necessary to fashion an ordinance to the needs of your commu- nity. These range from sections that local government may require in all its ordinances (such as a severability clause that states that if any section of the ordinance is found to be invalid or unconstitutional, it does not affect the validity of remaining sections) to how the urban forestry program is to be financed. The ordinance must fit your town's needs. Permits help make sure everyone knows the rules and best practices before doing tree work. The legal process to be used against violators must be clearly spelled out. Provisions may be made in an ordinance for unpaid bills incurred by city removals or replanting to be placed as a lien on the property and added to its tax statement. Each community's ordinance must be written to serve that community's unique_ needs and circumstances. TREE CrrY USA BULLETIN No. 9 • National Arbor pay Foundation • 7 Tree ordinances are important for big cities and small towns. Other. Sources of Information Here are three ways to obtain helpful information when planning to develop or improve a tree ordinance for your community. • Manuals and Guides Two excellent publications are available to provide detailed ggidance for developing tree ordinances. Included are examples and the rationale behind various ordinance provisions. Municipal Tree Ordinance Manual International Society of Arboriculture P.O. Box GG Savoy, IL 61874 (Phone: 217/355-9411) Guidelines for Developing and Evaluating Tree Ordinances California Dept. of Forestry & Fire Protection Urban & Community Forestry Coordinator 2524 Mulberry St. Riverside, CA 92501 • Sample Ordinances To review one or more sample ordinances from communi- ties similar to yours, contact Program Services, The National Arbor Day Foundation at the address on this page, or phone 402/474-5655. • Current Standards - For the latest accepted standards in important areas such as ordering planting stock and pruning trees, obtain copies of the following: American Standard for Nursery Stock American Association of Nurserymen 1250 I St., N.W. Suite 500 Washington, DC 20005 (Phone: 202/789-2900) ANSI A300-1995 For Tree Care Operation, Tree, Shrub and Other Woody Plant Maintenance — Standard Practices National Arborist Association, P.O. Box 1094 Amherst, NH 03031 (Phone: 603/673-3311) Tree City USA Bulletin ©1995 The National Arbor Day Foundation. John E. Rosenow, publisher; James R. Fazio, editor; Gerreld L. Pulsipher, graphic designer; Gene W. Grey, William P. Kruidenier, James J. Nighswonger, Steve Sandfort, technical review committee. Published for the Friends of Tree City USA by ®- The National Arbor Day Foundation 100 Arbor Avenue Nebraska City, NE 68410 =uae ®.— SOY NiK Free City USA Bulletin ORDER FORM Name Organization Address City State Zip Phone 1 Issue $3.00 ea. 1. How to Prune Young Shade Trees $ 2. When a Storm Strikes I. Resolving Tree -Sidewalk Conflicts 4. The Right Tree for the Right Place 5. Living with Urban Soils 6. How to Hire an Arborist 7. How to Save Trees During Construction 8. Don't Top Trees! 9. Writing, a Municipal Tree Ordinance — Tree City USA Annual Report TOTALS: $ Annual Friends of Tree City USA Membership ................................................. $15.00 $ Tree City USA Bulletin 3 -Ring Binder ..... _$ 5.00 $ TOTAL PAYMENT: $ (Make checks payable to National Arbor Day Foundation) Photocopy this form and mail with your payment to: National Arbor Day Foundation, 211 N. 12th St., Lincoln, NE 68508 1599 009 The Tree City USA program is sponsored by _ The National Arbor Day Foydation in cooperation with the USDA Forest Service and National Association of State Foresters. To achieve the TREE Cr1Y USA national recognition of being named as a Tree City USA, a town or city must meet four standards: Standard. 1: A Tree Board or Department Standard 2: A City Tree Ordinadce Standard 3: An Annual Community Forestry Program Standard 4: An Arbor Day Observance and Proclamation Each winning community receives a Tree City USA flag, plaque, and community entrance signs. Towns and cities of every size can qualify. Tree City USA application forms are available from your state forester or The National Arbor Day Foundation. August 26, 1996 To: Brian Jorgenson RE: Meridian Shade Tree Committee It has been brought to my attention that my job as a journalist requires me to be a watchdog of events and precludes me from being in the position of voting member of a city -sponsored committee. That in addition to my lack of knowledge of trees, leads me to submit my resignation from the Community Shade Tree Committee, effective immediately. However, I will still attend meetings in my capacity as reporter for a weekly newspaper in Eagle that also covers Meridian news. In that capacity I hope to help publicize the work of the committee, and in that way still accomplish what I had originally hoped and intended to do, namely be of assistance to the community and the committee. Thank you for your inclusion of me and best wishes as you go about your work. Sincerely, -1(1 ate. '.-t'h `" _1 &- - Frank Thomason Reporter W. Ada Express �l Ilhksi>j 384-4<7f Aft we-� O/ e-5 - - u � _' O ,zv ..mer' FROM: (' d-' SUBJECT: _T % IIA City of Meridian INTER -OFFICE MEMO DATE 10-131-C14 TO: i 4t ►,tie M VL e.ov►� "1 w�.�G` l ' Yi 40L iV►G�-�M..GC fes- L ILIu W O N C j2 W c O (� to LL� O m yr 4 $ rn Obi O a+ if IL qu-0 �a W+ 5 c O (� to O 9 yr 4 $ rn Obi O a+ $ LOANER FLAG y oQ o yr c ru Ln Q L `^ 0-6 a > r V1 t . O 0 n t,, -LM cn Q a 54' -Cr v CL c O 9 y a E 4 $ E 0 y e 0 d! N u C ti c v Q T t,, -LM cn Q O LM w�7R�wrd 3i O�ros'^woo q dD = sIn LL- -0 '° (+ m 0 m .� W .a uE��-15 -,ro " -, a 54' -Cr 9 fit* a � e 0 U 191 V�1�� v 3'R OV E^ C Y c PLAYING FIELD LAYOUT N c Q C= oc�-ocyd-_ TOUCH LINE _0" 11ESTRAINING LINE J d ji x TOUCH LINE M 1110 YQS) 360'-0" MAXIMUM 1120 Y0; . BOYS: 100-120 YDS) CORNER FLAG 4 Q 2 Y 4 K, r J a 7, W 4 d J 0. ry Qvosl ��an-'1 'N j!9 Ivtt-lJ1 (wz) Lr! w<c-ua Iooi) 'w! Zf9£9 OHVOI 'NvlGlM3VI 7N�i aM?I' neLaM3H osc�L Y301dl N - _ " -� v .9 3LI15 - M30Nn H1MON OL87Tc��J•Olin ' i 4' HNOISd Y O -Wvlanmw _4O.W7 - •sa^nacr ,yH�yB 3 .. 0 - Qvosl ��an-'1 'N ' -� .9 ' i 4' X W Z O N X W N �\ W Z X 133815 N Z W N 15 caa `4, W avow N !l3aNll X W ELge `+ Z 0 ii N N LO N N N -LIN[ 3 n 0� µsmy 6`9 .o �o N 0 PORATE LIMITS l ` /ZONE Al J r ZONE X I LEGEND SPECIAL FLOOD HAZARD AREAS INUNDATED BY 100 -YEAR FLOOD ZONE A No base flood elevations determined. ZONE AE Base flood elevations determined. ZONE AH Flood depths of 1 to 3 feet (usually areas of ponding); base flood elevations determined. ZONE AO Flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths determined. For areas of alluvial fan flood- ing, velocities also determined. ZONE A99 To be protected from 100 -year flood by Federal flood protection system under construction; no base elevations determined. ZONE V Coastal flood with velocity hazard (wave action); no base flood elevations deter- mined. ZONE VE Coastal flood with velocity hazard (wave action); base flood elevations determined. FLOODWAY AREAS IN ZONE AE OTHER FLOOD AREAS ZONE X Areas of 500 -year flood; areas of 100 -year flood with average depths of less than 1 foot or with drainage areas less than 1 square mile; and areas protected by levees from 100 - year flood. DOTHER AREAS ZONE X Areas determined to be outside 500 - year flood plain. ZONE D Areas in which flood hazards are undetermined. NOTES Tis map is for use in administering the National Flood Insurance Program, it does not necessarily identify all areas subject to flooding, particularly from local drainage sources of small size, or all planimetric features outside Special Flood Hazard Areas. Areas of special flood hazard (100 -year flood) include Zones A. Al 30. AF, AH, A0, A99, V, V1-30 AND VE. Certain areas not in Special Flood Hazard Areas may be protected -by flcod control structures. Boundaries of the floodways were computed at cross sections and interpolated between cross sections. The floodways were based on hydraulic considerations with regard to requirements of the Federal Emergency Management Agency. Floodway widths in some areas may be too narrow to show to scale Floodway widths are provided in the Flood Insurance Study Report ('.astal base tlnnd elevations apply nnl, !,ono Flood Boundary — — Floodway Boundary — — Zone D Boundary Boundary Dividing Special Flood NOW =_ Hazard Zones, and Boundary_ —6rviding Areas of -different — Coastal Base Flood Elevations Within Special Flood Hazard Zones. 513 Base Flood Elevation Line; Ele- vation in Feet* C? u Cross Section Line (EL 987) Base Flood Elevation in Feet Where Uniform Within Zone* RM7X Elevation Reference Mark *Referenced to the National Geodetic Vertical Datum of 1929 NOTES Tis map is for use in administering the National Flood Insurance Program, it does not necessarily identify all areas subject to flooding, particularly from local drainage sources of small size, or all planimetric features outside Special Flood Hazard Areas. Areas of special flood hazard (100 -year flood) include Zones A. Al 30. AF, AH, A0, A99, V, V1-30 AND VE. Certain areas not in Special Flood Hazard Areas may be protected -by flcod control structures. Boundaries of the floodways were computed at cross sections and interpolated between cross sections. The floodways were based on hydraulic considerations with regard to requirements of the Federal Emergency Management Agency. Floodway widths in some areas may be too narrow to show to scale Floodway widths are provided in the Flood Insurance Study Report ('.astal base tlnnd elevations apply nnl, !,ono �rrrr �1iiirr�rr �rrr Irrrr rr rr LH saw 1N LEGAL NOTICE CITY OF MERIDIAN ORDINANCE NO. 01-912 TAN ION 2CHAPTER 7 OF TITLE 8 OF THE MERIDIAN CITY CODE BY THE ADDITION DOGS ON OLEASHES INUTULLY PARK; AND PRVIDE FOR THE ALLOWANCE F PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: 2 of SECTION 1: That Y Code, be, subsection d the section shereby erepealed. ter 7 of tle 8 of the Meridian SECTION 2: TittayytCodeebe, and of section the same s herebof y enacted to Titleter 7 of 8 of he Meridian read asfollows: 8-7-2 C TULLY PARK 3. Canines: Lease Required: When Tully Park is open to the public, anines, possessing a valid dog license, are allowed in the Park so long as they are leashed and within control of their owner. SEC71ON 3: All ordinances repealed, parts orders or ea onflicctherew6 are herebyescinddnd annulled. , SECTION 4: VALIDfTY: The Meridian City Council hereby declares that any section, paraamendeTraph, sentence or word of this Ordinance as isdthe intend antof the Meridian City Council that it would have pass d allherein be declared for anreason to be it other portions of this ordinance independent of the elimination herefrom of any portion as may be declared invalid. 1i SECTION 5: SAVINGS CLAUSE: This ordinance does not affect an action or proceeding commenced or right accrued before this ordinance takes effect. SECTION 6: DATE OF EFFECT: This ordinance shall in full fort oval and publica- and effect within one (1) month after its passage, app tion, according to law. PASSED BY THE COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 27th day of February, 2001. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 27th day of February,` 2001 ,vrMnv:"j* ,_. Mayor Robert D: Corrie ATTEST William G. Berg, Jr. City Clerk 9833 Pub. Mar. 12, 2001 :. -- The Idaho Statesman P.O. Box 40, Boise, Idaho 83707-0040 Account LEGALADVERTISING PROOF OF PUBLICATION „ DTI#Identification - 064514 1414823ORDINANCE NO 01-912 I Ordered by PO # Rate R $95 00 Run Dates NT March 12, 2001 CITY OF MERIDIAN Number of Lines 33 EAST IDAHO ST. 46 X 2 MERIDIAN, IDAHO 83642 Affidavit r gal # 1 Z .•`� L • BRI `''•, 0 T A2* I GO S '°UB LIC' ,�•�•• O F I'DP•.`. •y�8nu11116 • JANICE HILDRETH, being duly sworn, deposes and says: That she is the Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, State of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of twelve consecutive months prior to the first publication of the notice, a copy of which is attached hereto: that said notice was published in The Idaho Statesman, in conformity with Section 60-108, Idaho Code, as amended for: ONE consecutive weekly single consecutive daily =odd skip insertion(s) beginning with the issue of: MARCH 1 2 , 2001 and ending with the issue of: MARCH 12 , 2001 STATE OF IDAHO ) )ss COUNTY OF ADA On this 12 day of MARCH in the year of 2001 before me, a Notary Public, personally appeared before me Janice Hildreth known or identified to me to be the person whose name subscribed to the within instrument, and being by me first duly sworn, declared that the state- ments therein are true, and acknowledged to me that she executed the same. Notary Public for Id o Residing at: Boise, Idaho My Commission expires: e MERIDIAN CITY COUNCIL MEETING: SEPTEMBER 7. 1999 APPLICANT: DEPARTMENT REPORTS AGENDA ITEM NUMBER: 29A1 REQUEST: TOM KUNTZ — TULLY PARK SHELTER FEES AGENCY CITY CLERK.- CITY LERK:CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY: CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE.- ADA FFICE:ADA COUNTY HIGHWAY DISTRICT: ADA COUNTY STREET NAME COMMITTEE.- CENTRAL OMMITTEE:CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: COMMENTS SEE ATTACHED INFORMATION SUBMITTED BUREAU OF RECLAMATION: OTHER: All Materials presented at public meetings shall become property of the City of Meridian. 40 Meridian Parks & Recreation MEMORANDUM To: Mayor and Council SEP - 3 1999 From: Tom Kuntz, Parks Director T Date: September 3, 1999 Re: Tully Park Shelter Fees The grand opening of Tully Park is scheduled for the afternoon of September 30. We will be mailing out invitations and publicizing the event later this month. This winter we plan to review all of our park fees, rules and regulations and will bring our recommendations to the commission and council for approval. In the meantime, we want to be prepared to rent out the Tully Park shelter in October and charge an appropriate fee. Prior to adopting a new fee schedule, we recommend charging $55 for 0-150 people and $70 for 151-200 people. Currently, we can accommodate up to 200 people until new picnic tables are purchased next spring. This recommendation is based upon our cost to construct, maintain and operate a shelter of this size. The current fee schedule is attached for your review. From the desk of... Tom Kuntz Parks Director 11 W Bower St. Meridian, Idaho 83642 (208) 888-3579 Fax: (208) 898-5501 4k MERIDIAN PARKS AND RECREATION DEPARTMENT 11 West Bower Street, Meridian, Idaho 83642 888-1854 Pager - 888-3579 Office Park Facility Information and Rules A drinking water outlet and 110 volt power outlet are at or adjacent to each picnic shelter. The use of alcohol in the park is allowed by City PERMIT ONLY ($10.00 for six -hour period). Horseshoe pits are available for use near Shelter No. 1. User must supply the horseshoes. Barbecuing is allowed. User needs to furnish the barbecue equipment. Grease clean up is a problem, therefore it is your responsibility to catch and dispose of any grease or drippings from your BBQ. A pay telephone is available at the swimming pool entrance. Restrooms are located near each picnic shelter as shown on the location map and are opened each morning at approximately 7:00 A.M. and closed each evening no later than 10:30 P.M. during summer months. The following restrictions apply to all areas of the park: ❖ No horses — No unleashed dogs — No vehicles on grass ❖ No glass beverage container — No loud music — No dunk tanks Reservation charges Park Shelter: 0 - 50 people 51-100 people 101-150 people 151-200 people 201-250 people 251-300 people Softball Field $ 25.00 $ 40.00 $ 55.00 $ 70.00 $ 85.00 $100.00 $7.00 per hour Park Shelter reservation fees are for a four -(4) hour period of time. Additional time will be charged at the rate of $10.00 per hour. Refunds — All refunds are subject to a $5.00 processing fee. Refunds must be registered ten (10) working days prior to the reservation date. Rain checks will be issued in case of bad weather. CAMPR Documents\1 - Administration\Forms Masters\Park Facility Info Master\Park Facility Info.doc AGREEMENT FORM THIS AGREEMENT is between HEARTLAND, L.L.C. dba HEARTLAND CONSTRUCTION, L.L.C. (herein called CONTRACTOR) and City of Meridian, Idaho (herein called OWNER). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: WORK 1.1 CONTRACTOR shall complete Work as specified or indicated in the Contract Documents. The work is generally described as follows: "Tully Skateboard Park" LANDSCAPE ARCHITECT 2.1 The Land Group is hereinafter called Landscape architect and is to act as OWNER's representative, assume duties and responsibilities, and have the rights and authority assigned to in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 3. CONTRACT TIME 3.1 Contract Times: 3.1.1 CONTRACTOR will achieve Substantial Completion on or before and Work will be completed and ready f r final payment and acceptance in accordance with the General Conditions on or before 3.2 Liquidated Damages 3.2.1 OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph Contract Times above, plus any extensions thereof allowed in accordance with the General Conditions. OWNER and CONTRACTOR also recognize the delays, expense and difficulties involved in proving in a legal or other dispute resolution proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER two hundred and fifty dollars and zero cents ($250.00) for each day that expires after the time specified in paragraph Contract Times above, for Substantial Completion until the Work is substantially complete. 3.2.2 After Substantial Completion, if CONTRACTOR neglects, refuses, or fails to complete the remaining Work within the Contract Times or any property OWNER granted extensions thereof, CONTRACTOR shall pay OWNER one hundred dollars and zero cents ($100.00) for each day that expires after the time specified in paragraph Contract Times above for completion and readiness for final payment. 3.2.3 OWNER shall recover such liquidated damages by deducting the amount owned from the final payment or any retainage held by OWNER. Tully Skateboard Park Agreement/1 8/01 4. CONTRACT PRICE 4.1 Contract Price: 4.1.1 OWNER shall pay CONTRACTOR the following total based on the conformed Bid, which is included as an Exhibit to this Agreement. One Hundred Fifty Two Thousand Dollars and no/100 cents ($152,000.00). Subject to additions and deletions as provided in the Contract Document. 5. RETAINAGE 5.1 Prior to final Completion, OWNER shall retain from progress payments five (5) percent of the value of Work completed, OWNER shall retain (5) percent of the value of stored materials and equipment. 5.2 OWNER will release to CONTRACTOR all retainage for those separate portions of the Work determined finally complete by LANDSCAPE ARCHITECT and accepted by OWNER for use as intended. 6. INTEREST 6.1 Monies not paid when due as provided in article 14 of the General Conditions shall bear interest at the rate of-hercent per month. 7. CONTRACTOR S REPRESENTATIONS 7.1.1 CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, general nature of work to be performed by OWNER or others at the site that relates to Work required by the Contract Documents and local conditions and federal, state, and local Laws and Regulations that in any manner may affect cost, progress, performance, or furnishing of Work. 7.1.2 CONTRACTOR has studied carefully reports of explorations and tests of subsurface conditions and drawings of physical conditions which are identified in the Supplementary Conditions of the General Conditions, and accepts the determination set forth in the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which CONTRACTOR is entitled to rely. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents. 7.1.3 CONTRACTOR has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) examinations, investigations, explorations, tests, studies, and reports (in addition to or to supplement those referred to above) which pertain to the conditions (subsurface or physical) at or contiguous to the site or otherwise and which may affect the cost, progress, performance, or furnishing of the work as CONTRACTOR deems necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents, including specifically the provisions of the General Conditions; and not additional or Tully Skateboard Park Agreement/2 8/01 supplementary examinations, investigations, explorations, tests, reports, or similar information or data re or will be required by CONTRACTOR for such purposes. 7.1.4 CONTRACTOR has reviewed and checked information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the site and has included costs as defined in the General Conditions. 7.1.5 CONTRACTOR has correlated information known to CONTRACTOR and results of such observations, familiarizations, examinations, investigations, explorations, tests, studies, and reports with Contract Documents. 7.1.6 CONTRACTOR has given LANDSCAPE ARCHITECT written notice of all conflicts, errors, ambiguities or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by LANDSCAPE ARCHITECT is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of terms and conditions for performing and furnishing Work. 8. CONTRACT DOCUMENTS 8.1 The Contract Documents which comprised the entire Agreement between OWNER and CONTRACTOR concerning Work are defined in the General Conditions. 8.2 Drawings bearing the following general title: Tully Skateboard Park 8.3 Addenda numbers —L to —15—, inclusive. 8.4 Exhibits to this Agreement include: 8.4.1 Advertisement for Bid 8.4.2 Instruction to Bidders 8.4.3 Bid Form signed by CONTRACTOR 8.4.4 Executed Performance Payment Bond 8.4.5 Public Works Contract Report 8.4.6 Documents submitted by CONTRACTOR prior to execution of Agreement. 8.4.7 Notice to Proceed 9. MISCELLANEOUS 9.1 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically, but without limitation, monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.2 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. Tully Skateboard Park Agreement/3 8/01 9.3 GOVERNING LAW, The validity. Meaning and effect of this Contract shall be determined in accordance with the laws of the State of Idaho applicable to contracts made and performed in are subject to the venue of the Fourth Judicial District of the State of Idaho IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in triplicate. One counterpart each has been delivered to OWNER, CONTRACTOR and LANDSCAPE ARCHITECT. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR. OWNER: B �� i Date �S /Z tCORPORATE�A�I Address for giving noir s• 33 E. Idaho = AL = CONTRACTOR: (CORPORATE SEAL) Address for giving notices Col Phone. 208 888-4433 '111"*:m; III\\\\\\ 208-939-2808 (If OWNER is a public body, attach License No. 14419 -A -3-4(7,38,39.A31 evidence of authority to sign and Agent for service of process: resolution of other documents authorizing execution of Agreement.) (If CONTRACTOR is a corporation, attach evidence of authority to sign.) Tully Skateboard Park Agreement/4 8/01 ADDENDUM TO CONSTRUCTION AGREEMENT #3 This Addendum made this d-3 day of , 2002, by and between the City of Meridian, Idaho, hereinafter referred to a `City", and Heartland, L.L.C. dba Heartland Construction, L.L.C., hereinafter referred to as "Contractor." Witnesseth: Whereas, the City of Meridian has twice solicited formal bids for the Tully Skateboard Park; and Whereas, the lowest bids at each bid opening greatly exceeded the architect's estimate for the project; and Whereas, the Meridian City Council rejected all bids after each bid opening; and Whereas, in compliance with Idaho Code 50-341, the Meridian City Council has determined that the construction of the Tully Skateboard Park can be performed more economically on the open market; and Whereas the contract price submitted by Contractor is lower than the lowest bid submitted in response to either of the two formal invitations to bid for the construction of the Tully Skateboard Park; and Whereas, the City's ability to proceed is conditioned upon the receipt of funds and donations from third parties. Now, therefore, in consideration of the foregoing, and for valuable and mutual consideration, the parties hereto agree as follows: This addendum is made a part of the contract between the parties of the same date hereof. 2. The foregoing contract to which this addendum is a part, and the work to be performed pursuant to that agreement, and the parties' obligation to be bound to the contract, are contingent upon the following: a. Payment to City from Brighton Corporation and/or David Turnbull of the sum of $11,000 on or before June 15, 2002; and b. Payment to City from Howell -Murdoch Development and/or Kevin Howell of the sum of $5,000 on or before June 15, 2002; and C. Payment to City from Friends of Meridian Parks of the sum of $5,000 on or before June 15, 2002; and d. Payment to City from interested skateboard enthusiast/youth groups of the sum of $6,000 on or before June 15, 2002; and Addendum to Construction Agreement -1 Donation to the City from Low's RediMix of concrete worth not less than $10,000 for use in the Tully Skateboard Park project. In the event that the foregoing payments or donations are all received as set forth above, then Contractor will receive a Notice to Proceed from City and the work shall begin as set out in the contract documents. In the event that any of the foregoing payments or donations are not received as set forth above, then, and in said event, the Contract for Construction of which this addendum is a part, shall be null and void. Attest: William G. Bgg,,4,j, 'yClerk SEAL 9G 1C 0 ,s1 On Addendum to Construction Agreement -2 City of dian, Idaho By Robert . Come, Mayor Heartland, L.L.C. dba Heartland Construction, L.L.C. Geor raps je,Manager RESOLUTION NO. 02- �j 5 PARKS AND RECREATION DEPARTMENT SUBJECT: TULLY SKATEBOARD PARK A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN PURSUANT TO IDAHO CODE §50-341 PERTAINING TO THE CONSTRUCTION OF THE TULLY SKATEBOARD PARK, FINDING THAT THE CONSTRUCTION OF SAID PARK CAN BE ACCOMPLISHED AT A LOWER PRICE ON THE OPEN MARKET. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN: SECTION 1: Heartland, L.L.C. doing business as Heartland Construction, L.L.C. holds a license authorizing it to work on Public Works projects up to One Million and No/ 100 ($1,000,000.00) Dollars in value. SECTION 2: Heartland, L.L.C. is willing to construct the Tully Skateboard Park project for the sum of One Hundred Fifty Two Thousand and No/100 ($152,000.00) Dollars. SECTION 3: In two previous solicitations for bid, the lowest bid was $188,750.00. SECTION 4: Awarding a contract to Heartland, L.L.C. for the construction of Tully Skateboard Park will allow the City to construct the Park at a lower price than would have been achieved by competitive bidding. SECTION 5: Pursuant to Idaho Code §50-341 K the Mayor is authorized to sign, and the City Clerk to attest, a Construction Agreement with Addendum for the construction of Tully Skateboard Park at a contract price of One Hundred Fifty Two Thousand and No/100 ($152,000.00) Dollars. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 21 day of YVL O-iA '2002. Resolution for Tully Skateboard Park - Page 1 of 2 APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 1 ` � day of -YVL 2-L- 12002. BY: �yor Robert D. Corrie ATTEST: ```W11t1III llrl///1�� City Clerk SEAL - .� O �T 18� • � �� ZAWork\M\Meridian\Meridian 15360M\Resolutions City Hall\2002\t;%Qrteb_oar P rkA l�t�Dn051602.doc "I". ". ///J/111111 1111111%011 \ Resolution for Tully Skateboard Park - Page 2 of 2 CERTIFICATE OF CLERK OF THE CITY OF MERIDIAN I, the undersigned, do hereby certify: 1. That I am the duly appointed and elected Clerk of the City of Meridian, a duly incorporated City operating under the laws of the State of Idaho, with its principal office at 33 East Idaho, Meridian, Idaho. 2. That as the City Clerk of this City, I am the custodian of its records and minutes and do hereby certify that on the day of ,2002, the following action has been taken and authorized: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN PURSUANT TO IDAHO CODE §50-341 PERTAINING TO THE CONSTRUCTION OF THE TULLY SKATEBOARD PARK, FINDING THAT THE CONSTRUCTION OF SAID PARK CAN BE ACCOMPLISHED AT A LOWER PRICE ON THE OPEN MARKET. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN: SECTION 1: Heartland, L.L.C. doing business as Heartland Construction, L.L.C. holds a license authorizing it to work on Public Works projects up to One Million and No/100 ($1,000,000.00) Dollars in value. SECTION 2: Heartland, L.L.C. is willing to construct the Tully Skateboard Park project for the sum of One Hundred Fifty Two Thousand and No/100 ($152,000.00) Dollars. SECTION 3: In two previous solicitations for bid, the lowest bid was $188,750.00. SECTION 4: Awarding a contract to Heartland, L.L.C. for the construction of Tully Skateboard Park will allow the City to construct the Park at a lower price than would have been achieved by competitive bidding. SECTION 5: Pursuant to Idaho Code §50-341 K the Mayor is authorized to sign, and the City Clerk to attest, a Construction Agreement with Addendum for the construction of Tully Skateboard Park at a contp�q;ipfoc,e�of One Hundred Fifty Two Thousand and No/100 ($152,000.00) Doll s\� OF t+A�,'%,��� SEAL =ILLIAM G. BERG, IR. S O Page 1 of 2 Certificate of Cl��c9� t iso •2` q `pP C�UN" • `����• STATE OF IDAHO, ) ss. County of Ada, ) On this day of vka-Lk , in the year 2002, before me, n l6`�l , a Notary Public, appeared WILLIAM G. BERG, JR., aho that executed known or identified to me to b tohme that hee City rexecuted the k of the City same on (SEAL) oft e City of Meridian. id instrument, and acknowledged (SEAL) •%*one, .• p N S�1 • �T . j OFIDA4 �I nags* Notary Public for Idaho 05 Commission Expires:$" Z:\Work\M\Meridian\Meridian 15360M\Resolutions City Hall\2002\CertifClk for ResoffullySkateboardPark.doc Page 2 of 2 Certificate of Clerk Meridian City Council Meeting May 21, 2002 Page 8 of 99 Corrie: Motion has been made and seconded. Any further discussion? Hearing none, all those in favor of the motion as aye. Opposed no? All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Department Reports A. Parks Department: 1. Skate Park Construction Agreement — Heartland Construction: Corrie: Thank you, Steve. Mrs. Goold, thank you very much. Five is Department Reports with the Parks Department. First is the skate park construction agreement, Heartland Construction. Kuntz: Thank you, Mayor and Council. You should have on your screens tonight a resolution -- actually, an agreement first with Heartland Construction to enable us to build the skate park. Included in that agreement is an addendum outlining the contingencies that must be met prior to starting construction and the third item you have is a resolution by the city attorney. We are requesting approval of all three of these items, so that we can move ahead with the project and I will stand for questions De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: Tom, in the resolution it was 152,000 and in the agreement it has 153,000. Which amount are you looking at? Kuntz: Councilwoman de Weerd, the correct amount should be 152,000, so on the agreement on 4.1.1, that amount should be stricken and corrected with 152,000. De Weerd: Okay. Kuntz: Thank you. Corrie: Any other discussion? De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd: On page two — and, I'm sorry, I don't know if it was the resolution or the agreement, 6.1 talks about an interest rate, a percentage interest rate, but it was left blank. Is that in the update as well? Meridian City Council Meeting May 21, 2002 Page 9 of 99 Nichols: Mr. Mayor? Bird: Mr. Nichols. Nichols: Mr. Mayor, Members of the Council, in an attempt to get this to the clerk by the Thursday deadline we'll explain some of the things that were missed, but this contract was taken from the contract that was in the bid documents when it was submitted out to bid twice before and that's what the contractors look at in terms of the entire bid package when the price was negotiated at 152,000 and so we missed the interest rate. I don't know what was anticipated. You can indicate what that interest rate would be. The architect also needs to supply the deadline or the time construction would begin and when it would end and also I think there were two addenda, in addition to the addendum that lists the contingencies that have to do as part of the contract, but I didn't have that with -- I didn't have that information when I was trying to get the documents prepared and in by the Thursday deadline, so -- but just to explain to you where the document came from and what those things are. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Tom, how many addendums is there? The Mayor needs to know before he signs something like this. Kuntz: Councilmember Bird, I will rely on our attorney to direct me here, but I assumed there was only one, which talks about the financial obligations from parties A through E, as addendum number one. Nichols: Mr. Mayor? Corrie: Mr. Nichols. Nichols. Mr. Mayor and Members of the Council, what we were referring to in the contract are the addenda to the bid specifications that -- or the contract specifications of what was going to be done in the park. That does not refer to the addendum that lists the contingencies for financing. So it's in that packet of specifications in terms of any changes to those specs. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: Tom, it would have been when the contractors turned in their bids they had to acknowledge if there was any addendums. Meridian City Council Meeting May 21, 2002 Page 10 of 99 Kuntz: Okay. Bird: The original bid. I have no problem with the rest of the Council to passing this, but I would put the condition that the Mayor and the -- that the Mayor doesn't sign it and the Clerk doesn't attest until all this completion on and off, the dates, and the addendums and all this stuff be filled in in this agreement form, under agreement with the contractor and the city. That would be -- and I would have no problem passing it and getting it going, but I think we need to have those filled out before the Mayor signs and the Clerk attests and I'm sure that the department wouldn't want to sign it until all this stuff was filled out. Corrie: I guarantee you I won't. Been there before. Kuntz: I would agree with that. I guess I would like to just get some real clear clarification so that I'm on the same page. It sounds like first one is 6.1 at that percentage. That interest needs to be completed. Bird: If he's willing to sign it with zero, we will put zero in there. De Weerd: That would be my preference. Kuntz: The other item is that there were some original addendums to the original bid document. Is that correct? Bird: Yes. Only we don't know, Tom. You'll have to look back on your original bids and see if they acknowledged, any addendums. Look on your original specifications with the Land Group or whoever was the architect that turned out. They could tell if you they had an addendum. You should number them in this contract. Kuntz: It's been so long I can't recall if there were or not. Bird: I understand that. Kuntz: Yes. What else? Bird: We got the correct 152,000. Kuntz: Right. Bird: The addendums. And the completion date. That needs to be filled out. Kuntz: Okay. Bird: And as far as I know -- Kuntz: Now would the completion date be based upon the June 15th start date? Meridian City Council Meeting May 21, 2002 Page 11 of 99 Bird: Well, yes, I believe so. That's strictly between what you worked out with him. Kuntz: Well, given the fact that — Bird: They have got so many days to finish it. Kuntz: Yes. Given the fact that theaddendum Id Ives the financial go from that dateahat would probably onors June 15th to obligate their money and, you know, work. Bird: When are you going to be -- when are you going to have the — everything ready for him to start? Kuntz: Well, I'm going to have the letters to all these people requesting 15h deadli h t their donations be received to the city the first part of June, give a Junnd I would like to work with the contractor to get their bonds and everything in place, so that we can start construction June 15th. Bird: Are you going to have it ready for him June 15th? Kuntz: Yes. Bird: So he can start? Kuntz: That's what I'd like to do. Bird: Who is getting the building permit, him or you? Kuntz: We are. Bird: Have you got it going? Kuntz: No. Bird: Is the building permit going to be ready June 15th? Tom, all I'm saying is don't put the date down for this guy to start if we can't -- if we can't perform. So set it back to the 30th of June. I don't care. With a completion date. But, you know, just get these filled in is all I care, at a reasonable time. But if we are going to get the permit and everything, if we don't have it ready for him he can't start it. Kuntz: Sure. Councilmember Bird, I guess the reason I thought we'd get the permit in a timely fashion, is because the plans have already been reviewed by the Public Works Department, so -- but I will definitely confer with them tomorrow and get a date that's -- Bird: Mr. Mayor? Meridian City Council Meeting May 21, 2002 Page 12 of 99 Corrie: Mr. Bird. Bird: Without anymore discussion, I would move that we approve the agreement with Heartland Construction for the skateboard park construction, with addendum number one, and that before you sign and the Clerk attest, that you make sure all the blanks are filled in on the agreement to the right, negotiate an interest on item 6.1 -- if he will go for zero, I'm for that. Corrie: We'll work it out. De Weerd: Is that your motion or -- Bird: That's my motion. De Weerd: If he will go for zero? Bird: If he will go for zero, go zero. Corrie: That's negotiable by us. Bird: And that's negotiable. Corrie: And see how much we can -- Bird: Anyway, that's my motion. Nary: I'll second, Mr. Mayor. I did have a question. Corrie: Okay. Discussion? Nary: Yes. Just so our record's clear, since we have been talking about it and they are trying to get this down on the record, the provisions we are talking about, Tom, is 3.1, 6.1,and I think it's 8.3, the ones that are the specific references. The other question I had is on these other folks that have already offered to make these donations, Brighton Corporation, Howell -Murdock Development and the like. Have you been in contact with them to let them know that we are ready to go forward regarding -- had approved it going forward on this? Kuntz: Councilmember Nary, I have been in touch with each of them. The Statesman did an article about a week ago and contacted -- and I recontact all the contributors and then as far as the concrete company, they were contacted by Heartland a little over a week ago. So to answer your question, yes. Nary: Okay. Thank you. Meridian City Council Meeting May 21, 2002 Page 13 of 99 De Weerd: Mr. Mayor? Corrie: Mrs. de Weerd. De Weerd. I know it's not really a part of the discussion for this motion, but if your office can write a thank you note from the Mayor and Council, it would certainly be appropriate when we have the ground breaking that they are specifically on hand to make sure we properly thank them at that time. Kuntz Councilmember de Weerd, would you mind if I included thank you note in the request for the funds? De Weerd: No. I think it should be separate. Kuntz: Okay. De Weerd: You send your note, we'll send our note. Kuntz: And then clarification on one statement you just made, would it be the Council or Mayor's choice to have a ground breaking? De Weerd: Ground breaking or ribbon cutting. I just want to see it done. Corrie: You can do one or both or whatever you want, just let us know, so we can get it set up. I think we -- De Weerd: Ribbon cutting. Corrie: Ribbon cutting is probably the best, because everybody is going to anticipate this has started a year ago, so let's get it going and we will have a nice ribbon cutting. That's my preference. Kuntz: Thank you. Corrie: Okay. We can have a really nice one. We'll have half the kids in the city there, anyway. Okay. Any other discussion? De Weerd: No. Corrie: Okay. All in favor of the motion as stated say aye. Opposed no? All ayes. Motion is carried. Tom, let's get together and get this all done and then we'll sign it then. MOTION CARRIED: ALL AYES. Bird: Mr. Mayor? Meridian City Council Meeting May 21, 2002 Page 14 of 99 Corrie: Mr. Bird. Bird: If I could have a number I will make a motion to pass the Resolution 02 what? S.Smith: Councilman Bird, that is resolution No. 02-375. Corrie: Okay. Bird: Mr. Mayor? Corrie: Mr. Bird. Bird: I move that we pass Resolution 02-375, the Parks and Recreation Department, City Council, pursuant to Code 50-341, for the construction of Tulley Park Skateboard Park, finding that the construction of said park can be accomplished at a lower price on the open market, now, therefore, be it resolved by the Mayor and the City Council of Meridian, Idaho. I would move that we pass that with suspension of rules. De Weerd: Second. Corrie: Okay. Motion has been made and seconded on the Resolution No. 02-375. Is there anyone from the audience that would like to have the resolution read in its entirety? Okay. Hearing none, further discussion? Nary: Yes. Mr. Mayor? Corrie: Mr. Nary. Nary: Just a clarification. A resolution doesn't require suspension of rules Bird: That's right. I withdraw that. Corrie: Okay. Then roll -call vote, Ms. Clerk. Roll -Call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. Corrie: All ayes. Motion for resolution is carried. MOTION CARRIED: ALL AYES. 2. Chamber of Commerce Expansion Project — Request for Additional Funds: Corrie: Okay.