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2018-01-23 C I T Y C OU N C I L R EGU LA R M EET I N G M I N U TES C ity C ouncil Chambers 33 E ast B roadway Avenue M eridian, Idaho Tuesday, J anuary 23, 2018 at 6:00 P M Item 1:Roll-Call Attendance __X___ A nne L ittle Roberts __X___ J oe Borton __O___ Ty Palmer __X___ Treg B ernt __X___ Genesis Milam __X___ L uke Cavener __X___ Mayor Tammy de Weerd Item 2:P ledge of Allegiance Item 3:Community Invocation by T im P usey with Valley S hepherd Church of the Nazarene Item 4:Adoption of Agenda Adopted as amended Item 5:F uture M eeting Topics - P ublic F orum (Up to 30 M inutes M aximum) Item 6:Consent Agenda Approved A.Approve M inutes of August 15, 2017 City C ouncil S pecial M eeting Approved B.Approve M inutes of August 22, 2017 City C ouncil S pecial M eeting Approved C.Rapid Creek Subdivision M ulti-use Pathway L icense Agreement Approved D.F inal P lat for Castle C reek (H-2017-0150) by Northwest Ventures, L L C located at 2432 E . Amity Rd Approved E .F inal P lat for P ond S ubdivision (H-2017-0161) by S chultz D evelopment located at 2980 N. M eridian Road Approved F.F inal P lat for Tree F arm Subdivision No. 3 (H-2017-0162) by M 3 C ompanies, L L C located north of C hinden Blvd, south of the Phyllis C anal and approximately 1/2 mile east of N. B lack C at Road Approved G .Acceptance Agreements for D isplay of Artwork in Initial Point Gallery 1. Sarah K ohler, F ebruary 2018 2. L aura Yager, F ebruary 2018 3. Mandy Riley, F ebruary 2018 4. D onald Belts (OldWaterBoys), March 2018 5. L arry Boyd (OldWaterBoys), March 2018 6. Tom C unningham (OldWaterBoys), March 2018 7. Roy Grover (OldWaterBoys), March 2018 8. T heodore S mith (OldWaterBoys), March 2018 9. Dwight W illiams (OldWaterBoys), March 2018 10. B ert Hiner, A pril 2018 11. Angela S tout, May 2018 12. D an and Sharona S choger, J uly 2018 13. Holly B adke, S eptember 20198 14. J essica Tookey, November 2018 Approved H.F irst Amendment to M emorandum of Agreement Between the C ity of M eridian and M eridian D evelopment Corporation for Implementation and Construction of M D C Improvements for P ine Avenue P roject Approved I.M emorandum of Agreement with M eridian D owntown B usiness Association for Tour B uddy App P artnership Approved J .L icense Agreement With T reasure Valley C hildren’s T heater F or Use Of Garage Bay Approved K.AP Invoices for P ayment - $1,151,455.85 Item 7:Items M oved F rom T he C onsent Agenda Item 8:Community Items/P resentations A.Parks and Recreation Commission Annual Report B.Solid Waste Advisory Commission Annual Report Item 9:Action Items A.Public Hearing for P ond S ubdivision S hop - VAR (H-2017-0169) by Schultz Development located at 2980 N. M eridian Road 1. R equest: Variance to UD C Section 11-2A -6 to keep an existing accessory structure in a required front yard setback Continued to F ebruary 6, 2018 Approved B.Public Hearing Continued from J anuary 16, 2018 for Proposed New F ees for Accessory Use P ermit for Home Occupation, Accessory Use P ermit for Home Occupation that includes provision of lessons or instruction to a gr oup of 7 or more students, and Review of L andscape Plan revisions 1. R esolution No. 18-2057: A doption of New F ees f or Accessory Use Permit for Home Occupation, A ccessory Use Permit f or Home Occupation that includes provision of lessons or instruction to a group of 7 or more students, and Review of L andscape P lan revisions Item 10:Department Reports Approved A.Public Works: Net Zero B udget Amendment to Cover Reimbursement Agreements with AC HD (P roject 815025) And M D C to install Historical Street Lights Not-to-E xceed $220,177 Item 11:O rdinances Approved A.Amended T itle: O rdinance No. 18-1762: An O rdinance Amending M eridian City Code As C odified At Title 11, E ntitled T he Unified D evelopment Code, O f T he M eridian City C ode P ertaining To: D efinitions; Allowed Uses In All D istricts; S pecific Use Standards (Home Occupation And Retail Store, Wine And Beer S ales And Servings); Surety Agreements And E stablish New Definitions And Regulations To Allow T he Operation O f F ood And B everage Products P rocessing, M inor, In T he Commercial, Industrial And T raditional Neighborhood Zoning Districts; And Providing F or A Waiver Of T he Reading Rules; And P roviding An Effective D ate. Item 12:F uture M eeting Topics Item 13:E xecutive Session per Idaho State Code 74-206(1)(f): To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated and 74-206(1)(j): To consider labor contract matters authorized under section 67-2345 A [74-206A](1)(a) and (b), Idaho Code. Into Executive S ession at 7:47pm O ut of E xecutive Session at 10:04pm Adjourned at 10:04pm Meridian City Council January 23, 2018. A meeting of the Meridian City Council was called to order at 6:03 p.m., Tuesday, January 23, 2018, by Mayor Tammy de Weerd. Members Present: Tammy De Weerd, Joe Borton, Genesis Milam, Luke Cavener, Anne Little Roberts and Treg Bernt. Members Absent: Ty Palmer. Others Present: Bill Nary, C.Jay Coles, Caleb Hood, Josh Beach, Clint Dolsby, Berle Stokes, Mark Niemeyer, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X__ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X__ Keith Bird __X___Genesis Milam __X___Lucas Cavener __X_ Mayor Tammy de Weerd De Weerd: Well, I'd like to start tonight's meeting by welcoming those that have joined us and certainly I imagine some Boy Scouts that are earning a merit badge, so welcome to our City Council meeting. For the record it is Tuesday, January 23rd. It's a few minutes after 6:00. Will start with roll call attendance. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Tim Pusey with Valley Shepherd Church of the Nazarene De Weerd: Item 3 is our community invocation. Tonight we will be led by Pastor Tim Pusey with the Valley Shepherd Church of the Nazarene. If you all join us in the community invocation or take this as an opportunity for a moment of reflection . Thank you for joining us. Pusey: Let's pray. Father, first of all tonight we want to thank you for the many ways in which you have blessed our community in so many, many ways and it's so easy for us to take it for granted. So, we thank you. And we thank you this evening for our Mayor and our Council Members and for the many who serve this community in so many different capacities. Tonight as the Council meets and deals with important issues Meridian City Council January 23, 2018 Page 2 of 35 relating to our community in Meridian, Lord, we pray you would give them wisdom and guidance and help all who participate in this meeting this evening to listen well to the perspective of others and help our Council to make good judgment calls in behalf of all the citizens of Meridian. Lord, for those who came to this meeting tonight tired and weary from heavy loads in their personal lives, I ask, Lord, that you would help them find rest and peace even now as they look to you. Lord, help us always to be mindful of the needs of those around us and give us wisdom to know how to best respond to those needs. We ask for your continued blessing upon our community and all the people who call this home. May we truly be a blessing to one another as we live and work and interact together. It's in your name we pray, amen. Thank you. Item 4: Adoption of Agenda De Weerd: Thank you. Item 4 is adoption of the agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: We have an amendment to make on Item 11-A. The ordinance I should read. Ordinance No. 18-1762 and I need to read the entirety of this. An ordinance amending Meridian City Code as codified at Title 11, entitled the Unified Development Code of the Meridian City Code, pertaining to definitions, allowed uses in all districts, specific use standards, home occupation and retail store, wine and beer sales and servings, surety agreements and establish new definitions and regulations to allow the operation of food and beverage products processing, minor, in the commercial, industrial and traditional neighborhood zoning districts and providing for a waiver of the reading rules and providing an effective date -- is the title of 11-A. So, with that amendments I would move that we adopt the amended agenda. Cavener: Second. De Weerd: I have a motion and a second and a well-done reading of that ordinance. Thank you, Mr. Borton. All those in favor of the adoption of this agenda, please, say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) De Weerd: Item 5. Mr. Clerk. Coles: Madam Mayor, we did have one sign up this evening. Ilene Dudunake, with a description of recycling glass, would like to address the Council this evening. Meridian City Council January 23, 2018 Page 3 of 35 De Weerd: Okay. Please come forward. If you can wait. Please start by saying your name. Dudunake: Ilene Dudunake. A New Vintage Wine Shop in Meridian at the corner of Fairview and Eagle. We have been open almost 17 years and out of those 17 years probably 16 of those I have recycled bottles in the city of Boise, which I just found out is illegal, so -- anyway. So, what I propose to you guys is we need to find some way to recycle bottles. I fully understand it's very expensive to do this, but if we could come up with a plan, some way, somehow, because just my little shop, as I serve by the glass, in two weeks, three weeks, I had 40 cases of empty bottles. So, 40 cases times 12, and that's just me, my tiny little shop. So, take all of the restaurants, all of the bars that serve beer, wine and liquor, take all of those bottles, I'm sure we could fill City Hall many times over. So, if there is one way -- some way we could figure it out, that would be awesome. If -- I mean if there is a big giant bin where we could put them -- put the bottles, the empties, that would be great. I can do whatever you would want me to do, as long as it's not during 11:00 to 8:00 Tuesday through Saturday, because I have to work. So, that's -- that's my proposal. I don't know if that's much of a proposal, but we need to figure something out, because as our city grows -- of Meridian -- and I have lived in Meridian for almost 28 years. So, as our city grows and as you have seen the growth and all of the press that we get for this awesome little city of ours , with all the new people moving in, all the new restaurants moving in, The Village, everywhere, we need to do something for my child, for our grandchildren, not just me, but for all of you as well, so -- De Weerd: Ilene, thank you for joining us tonight and your timing was impeccable. We have the chair of our Solid Waste Advisory Commission to give their annual report and we are also doing the Town Hall tomorrow about recycling. Dudunake: That's Cole's Church? De Weerd: Yeah. At Cole Valley. Dudunake: Uh-huh. Cole Valley. De Weerd: We -- I just talked with the chair about possibly forming a subcommittee . Dudunake: Uh-huh. De Weerd: So, we will be calling you. Dudunake: Perfect. 855-9230. Milam: Thank you, Ilene. Dudunake: Thank you for taking time to listen to me. Meridian City Council January 23, 2018 Page 4 of 35 Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: If I may ask a question. Why no longer Boise? Dudunake: Because Boise is funny like that. They called -- somebody in this whole valley -- so, one of the distributors, Haden Beverage, puts stickers on the outside of their boxes to stage the morning deliveries in the trucks. So, some -- some way somebody, I don't know who it was, received a box that had A New Vintage Wine Shop sticker on the side of it and a -- a person was doing the right thing in recycling bottles and took it to the fire station at McMillan in Boise and I received a phone call from the city clerk's office -- Peter at the city clerk's office -- telling me that under no circumstance am I to cross city lines to recycle bottles and I said, okay, let me check with my husband and I will see if he was the one that did that, because normally we recycle at Emerald at Republic, because right out there in their area where they -- where the workers park their cars they have recycle bins for glass bottles . So, I said, okay, I will check with him. I'm sorry that we did that. So, I checked with Harry and he said, no, we took them to Emerald. So, I called back that next morning and I said, Peter, you owe me an apology, because you wrongfully accused me of something we did not do and he said, well, you were forthcoming last night and I said that's before I knew where we for sure took the bottles. He said, well, still, under no circumstance will you cross city lines to the city of Boise to recycle bottles and I said, okay, I want to talk to the mayor's office and he said you do that. So, I called the mayor's office. As you could see I don't stop. So, I called the mayor's office. They called me back -- Mayor Bieter's office called me back and he informed me that it was against the law for me to cross the city of Boise lines to recycle bottles and I said, wow, that seems pretty heavy for something like this and he said it is. It's against the law for you to cross city lines to recycle your wine bottles. So, I didn't think of asking for the code. Why would I think of asking for that? I don't know that. So, he just said, yep, under no circumstances. So, I said all right. Have a nice day. De Weerd: It's probably because it costs the city of Boise residents to recycle glass and it is that cost impact that makes it probably exclusive to their residen ts. Dudunake: Correct. But he -- I think he could have told me that. De Weerd: He could have. Dudunake: So -- De Weerd: Probably would have been a better delivery, but -- Dudunake: Yeah. Who knows. So, that's why -- so, that's why I'm here asking for help for our grandchildren and their grandchildren. Meridian City Council January 23, 2018 Page 5 of 35 De Weerd: Thank you. Dudunake: Thank you. Milam: Thank you for volunteering to head up the committee. Item 6: Consent Agenda A. Approve Minutes of August 15, 2017 City Council Special Meeting B. Approve Minutes of August 22, 2017 City Council Special Meeting C. Rapid Creek Subdivision Multi-use Pathway License Agreement D. Final Plat for Castle Creek (H-2017-0150) by Northwest Ventures, LLC located at 2432 E. Amity Rd E. Final Plat for Pond Subdivision (H-2017-0161) by Schultz Development located at 2980 N. Meridian Road F. Final Plat for Tree Farm Subdivision No. 3 (H-2017-0162) by M3 Companies, LLC located north of Chinden Blvd, south of the Phyllis Canal and approximately 1/2 mile east of N. Black Cat Road G. Acceptance Agreements for Display of Artwork in Initial Point Gallery 1. Sarah Kohler, February 2018 2. Laura Yager, February 2018 3. Mandy Riley, February 2018 4. Donald Belts (OldWaterBoys), March 2018 5. Larry Boyd (OldWaterBoys), March 2018 6. Tom Cunningham (OldWaterBoys), March 2018 7. Roy Grover (OldWaterBoys), March 2018 8. Theodore Smith (OldWaterBoys), March 2018 9. Dwight Williams (OldWaterBoys), March 2018 10. Bert Hiner, April 2018 11. Angela Stout, May 2018 12. Dan and Sharona Schoger, July 2018 13. Holly Badke, September 20198 14. Jessica Tookey, November 2018 Meridian City Council January 23, 2018 Page 6 of 35 H. First Amendment to Memorandum of Agreement Between the City of Meridian and Meridian Development Corporation for Implementation and Construction of MDC Improvements for Pine Avenue Project I. Memorandum of Agreement with Meridian Downtown Business Association for Tour Buddy App Partnership J. License Agreement With Treasure Valley Children’s Theater For Use Of Garage Bay K. AP Invoices for Payment - $1,151,455.85 De Weerd: Okay. Anyone further? Okay. Item 6 is our Consent Agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I would move that we approve the Consent Agenda as published and for the Mayor to sign and Clerk to attest. Cavener: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea; Bernt, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 7: Items Moved From The Consent Agenda De Weerd: Okay. There were no items moved from the Consent Agenda. Item 8: Community Items/Presentations A. Parks and Recreation Commission Annual Report De Weerd: So, we will move to Item 8-A, which is our annual update from our parks commission chair Jo Greer. Good evening. Greer: Good evening, Madam Mayor and Council Members. Do I need to state my name and address? Meridian City Council January 23, 2018 Page 7 of 35 De Weerd: If you will just state your name for the record. Greer: My name is Jo Greer. I am currently the president of the parks and rec commission and I am here to present our commission report for 2017. Actually, kind of got -- I'm sure that you guys have reviewed it and, typically, when I see something like this on my agenda I'm not super excited. Okay. It's not super existing. However, our commission is exciting -- because I'm on it. So, all commission goals and accomplishments that I will -- but I do want to make note that throughout the last year, as we went through commission goals and accomplishments and , then, we had the committees, we did realize towards the end of the year that the committees perhaps had ran their course, had a lot of committees and places for the pathways and marketing, signage, a few different things and as these have been accomplished , then, as we are meeting in these committee meetings for 50 minutes and we are trying to find information to pull together. So, instead we have collaborated the all commission goals and accomplishments with the committee goals and accomplishments. So, we are kind of addressing them all as an entire commission and, then, if we do need to break out for a specific committee, we can do that on an as-needed basis, because I think that a lot of the information now as we have had some really great accomplishments, this will help us to be productive and also to keep our meetings not running over the time limit. I'm kind of a time Nazi, if you have someone who is that. So, with that, the first commission goal was going through the pathway connection. We were trying to develop the connected pathway system across the city of Meridian with Five Mile Creek pathway as the top priority, which you, of course, in your notes have all of the pathway segments that have been connected. With that last year we also came up with the finalization and the distribution of the C cards, with the amounts that you guys received. I think those were part of the pathway tour. Those show the connections. They also show future connections and, then, the C cards were kind of a huge accomplishment for the marketing committee, so that was something that we had accomplished. Moving on to that, we also were talking about the options to obtain builder develop partnerships for additional park space and/or amenities. We have two projects with MYAC where we had the Tully Park outdoor gym that was opened in 2016. We also right now are working on the memorial plaza in Kleiner Park. So, that's underway and we are going over some information and they have presented and we are kind of going back and forth with parks and rec staff. Then, we, of course, have the design development of the future south Meridian park, so that's still in the process. We are working with other agencies, task force, commissions so on and so forth, just trying to help with not only our own pathways, but maybe a master plan and trail system. We do have that on a future agenda for the commission meeting. We also had -- of course, Shelly Houston is one of our key players on a lot of the marketing information and she helps -- helps to generate a list of activities that are coming up, because one of our all community goals is to have a better community presence, so that we have commissioners present at all of the activities, you know, as far as ribbon cuttings -- I don't know, movie night is something that I went to. Anything that we can show up and have a presence in the community, just showing that we support what we are doing. So, Shelly helped put together this PowerPoint presentation that goes through what the City of Meridian has to offer. This is something that was played for us and we reviewed and approved to Meridian City Council January 23, 2018 Page 8 of 35 send on and so that was something that was a commission goal. We also have been trained to develop partnerships with the Meridian Fire Department for future stations to be collaborated with a park. So, while we had one that we were kind of working on with Bear Creek, it sounds like that one maybe is not a good site, but we are looking for future parks where we can have fire stations in collaboration with the parks and rec staff, so that we -- we were going to have a dual building there where we had space that people could use in the evening. So, it was a fire station slash community center and we saw the plans, but that was as far as that went. So, it wasn't really a goal. The next is to continue -- there is a whole list of things that we did show up for. So, you guys have that on page four of ten. And, then, we had the master plan. Of course, we had Steve Siddoway and he is an amazing director and helps us through all of this, so a list of the items that we go through, of course, are just recommendations, so we just recommend. We are the brains behind the brains. Another item we had was the exploration to build a pathway along Locust Grove to Chinden, connecting Eagle's pathways. So, that kind of is in collaboration with dealing with the other agencies and that is something that we will be discussing with them later this year. The memorial plan -- the memorial plaza did bring up some issues as far as concept plans, but also that went into some of the fee structures. So, that's something that came to us this year. Actually, it was last December -- that we will be re-reviewing this year to make sure that people are able to afford to have a memorial if they would like to. They work on kind of a sliding scale. Other noteworthy accomplishments. We did have the Keith Bird Legacy Park ribbon cutting. The Reta Huskey park. Those were both successful and large events and a lot of work went int o that process throughout last year, which we had workshops to name the parks. We also have had Hillsdale Park, the kickoff for the construction of that. We did have a commission team building activity where we all learned how to play disk golf. I don't know if we really learned how to play disk golf. I'm not very good at that. So, I did realize I would rather just golf. I like to sing a club instead. And, then, we had the facilities tour where we went and followed the existing and future sites for Kleiner Park, Hillsdale, Bear Creek, Meridian Home Court, Reta Huskey and Keith Bird Legacy Park. So, these items are already in place. The rest of the information goes through all commission goals and because these are kind of in collaboration with what our -- we have the committee with all commission kind of pulling those altogether, I think they have kind of already done them, so I don't really want to go through every one line by line. I'm sure you're just sad about that. I'm seeing if there is anything else. We also -- as far as our community presence, we have seen an increase in commissioners being more involved in some of the outside committees and, myself, I like to be involved in the Christmas activities, of course. We do have a couple of other commissioners that got involved as well. But some people have passions for other things and so it's just nice to see that, you know, they are volunteering beyond the commission, so -- do you have any questions? Just so excited. I thought about doing, you know, like a figurative dance, but that might be a little weird. De Weerd: If that is a recreation program I think you should. Jo, I know that Mike came and talked to the Mayor Youth Advisory Council about the memorial park or plaza -- Greer: Uh-huh. Meridian City Council January 23, 2018 Page 9 of 35 De Weerd: -- and they did ask about the cost of pavers and if the group that's working on looking -- looking at the cost, if there could be consideration of maybe an excess -- in excess of the minimum amount that someone could donate to help offset , maybe someone who wants to do a memorial, but can't afford one, that's -- that's the question they raised. So, someone that can't afford the 250 dollars for a paver, is there some kind of assistance program or -- or something they can do in lieu of actually a cost -- a cash donation? Greer: I will bring that up. That's actually a pretty good point and that was -- you know, we had the three memorials over at the park, which you can't do that anymore, but it was really inexpensive and, then, when we started to talk about these memorials, the pricing was going up, but it was going to be trees again and so the costs that came back were pretty high. So, then, after I had kittens over it -- they came back with different numbers, but, then, this was a different idea or concept altogether and so we really are being conscious of the pricing. De Weerd: Yeah. Just something to add to your discussion. Greer: Yes. Absolutely. De Weerd: And thank you for the leadership you showed in the Winter Lights Parade. That was magical. And so I needed to give you kudos as you were standing right in front of us. So, Council, any questions for Jo? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: No questions, but just kudos. I remember I was the guy that recruited you to get to be on the Christmas program. Greer: You were the guy. Bernt: Yeah. I remember. That was a while -- yeah. So, truly blessed for the opportunity to be your liaison for your commission. I have deep roots that go real deep in that -- in that commission. I spent a lot of years there. So, you do a fantastic job. It's a lot of time and -- but well worth it. So, just want to say thank you and do -- you're doing such a fantastic job with all the time that you spend and everything that you do for the betterment of our city. So, thank you. Greer: Thank you, Treg. And you were the one that sucked me into all this and got me on the Christmas thing. But thank you. Appreciate that. I enjoy it. Cavener: Madam Mayor? Meridian City Council January 23, 2018 Page 10 of 35 De Weerd: Mr. Cavener. Cavener: A couple of just quick questions for you, Jo. Thanks for the -- the report. You originally began kind of saying this is everything the parks commission is doing and I appreciate hearing from you once a year about everything that you're doing for our community. Are there ways that the commission would like to see greater or different support from the Council moving forward, so you have good direction and support things, that we could do to better encourage the things that you're doing for our community? Greer: I feel like we have a pretty good system. Having a liaison is helpful, so that if we do have questions we have somebody right there at the meeting that we can ask , it's usually either Treg or Emily; right? With Emily it's if I'm saying the right thing. But other than that I don't -- I don't see anything that really needs to change, but I definitely want to keep that in mind. So, I can give you something else to do. Cavener: Just want to make sure. Madam Mayor, an additional question. De Weerd: Uh-huh. Cavener: Can you talk to us -- when Mike was here a couple weeks ago he gave us kind of an update on the south Meridian park and he touched on some of the names and I think at least some of us were surprised to see kind of the shift from the name Discovery to something that was, then, proposed. I just thought it would be good since you're here to maybe give Council kind of an update on the deliberation that went behind that. Greer: As far as the Exploration Park? Cavener: Uh-huh. And just the names in general and maybe why the shift from Discovery onto some of the other proposed names. Greer: So, I do know that Discovery Park is a park also located in Boise I understand, so there was a redundancy there. So, then, we went through a brainstorming exercise where people were kind of just throwing out names that we liked and, then, they -- I think we came down to maybe five or six where someone took the names and came back with artwork associated with them and, then, based on those names we kind of came up with three that we liked and, then, it came down to the Exploration. I want to say -- I know Innovation was one of them and I think Explorer maybe was one of them. And so -- well, it was Explore and, then, it went to Exploration, because it was kind of a play on the word instead of just being Explorer, so -- and some of the artwork that went with that kind of helped, because that park is kind of about discovery; right? So, doing exploration. But it was easily a three or four step process, just kind of going through the different names. And some of the artwork may be -- made some of the names sound appealing, so -- and now we have some artwork that's supposed to be coming in for some of the lighting, so -- because they -- like how we had for Keith Bird Legacy Park Meridian City Council January 23, 2018 Page 11 of 35 where they make the -- I guess this stand-out feature or the artwork for each park. They are supposed to be presenting three different types of setups, which it might be a backlit -- it maybe a backlit -- kind of like tubes with lights in them, but they were talking about if we have lights, if they are going to be solar, because, then, we don't have to worry about turning on and off and if that's going to be an issue for upkeep, but it's supposed to be on one of our agenda items that the artist needs to come to the me eting to do that and maybe I actually have the -- no. So, she is set to be at our next meeting, so that's the graphics. Her name is Stephanie Inman and she works with Mike Barton, so, hopefully, by the next time -- well, I will see you guys next year or somebody else will. But, hopefully, these will be passed on to you guys here in the next couple of months so you guys can see what -- what this does look like. Anything else? De Weerd: Any further comments? Questions? Well, thank you, Jo. Greer: Thank you. B. Solid Waste Advisory Commission Annual Report De Weerd: Okay. Item 8-B is under our SWAC, Solid Waste Advisory Committee. Thank you, Steve, for joining us. Cory: Madam Mayor, Members of the City Council, my name is Steve Cory. I'm the chairman of the Solid Waste Advisory Commission and I come here on their behalf to go ahead and present to you our report on our 2017 activities. Okay. Really, trash is part of my discussion. I have to admit that that's going to be in this, but kudos to Steve Moore who puts out the In Bleachers comic strip that is in the Statesman as was published back on October 4th. This is the commission and I want to thank you as the Council, because we have had continuous membership. It's been very strong, having the depth of experience as the subject gets more and more complex and I want to recognize Mark Nelson, one of the commissioners, who is here. Definitely all the commissioners commit a great deal of time of their own volunteering and we really appreciate what they do. De Weerd: Thanks for being here, Mark. Cory: Yeah. We will start off by doing a review of the community recycling fund. We started with 12,000 -- a little over 12,400 dollars and over the course of 2017 we received payments for recycled materials totaling over 32,000 dollars. We had only one distribution from that five hundred dollars to support the Recycle A Bicycle project and so at the end of the calendar year we had a balance of just over 44,000 dollars. In 20 -- well, coming up in 2018 we have three projects, which you have given us approval to pursue. The Catalapa Leaf Bench to be put into Meridian south regional park and trash receptacles for the south regional park and, then, a mini mobile library for the Hillsdale school area. The combination of those projects is just under 27,500 dollars. So, the recycling fund right now has a balance of just under 16,700 dollars. Now, most of the inflow to this account came in late summer and we have had a real fall out in the market Meridian City Council January 23, 2018 Page 12 of 35 and I don't know -- I can't project if there will be any flow into that account in the near future, but this is an accounting of where we are going to be up through this year. One of the big projects that we had during this year was the Recycle A Bicycle project, which was -- it brought out the unplug and be outdoors event this spring. Forty -one bicycles destined for the landfill were repaired and provided to the citizens of M eridian. We are indebted and thankful to Republic Services in particularly Rachel Kline for making this a possibility and it was a very fun event and we hope to be able to build off of that activity. De Weerd: And, Steve, before you move off of that, I know I'm talking to -- to both Council Member Milam and Rachel, one of the things that was a surprise out of that program was we thought we would be giving bikes to kids and we were giving bikes to adults, that this would be their primary mode of transportation, and so, you know, that -- that was an interesting lesson learned from it. I do know that maybe part of the discussion has been that maybe we can include our community in that as we look at recycling bikes. Republic has had to take some of those bikes to Canyon county, because they couldn't find recipients here in -- in this area. So, as we look at recycling bikes how we can get those to people that have the need for them right here in our community and so maybe that's a public education program or something of that sort, but how we can keep those bikes here at home. Cory: Thank you. I really appreciate that. That's so good direction that we want to go ahead and try to follow through on. I know there is a number of entities here in the cit y that really help out the citizens and they see the need and somehow if we can facilitate getting that need communicated back to Rachel and Republic and -- and so the bikes can meet up with the need, that's definitely something that we want to make happen . De Weerd: Very much so. So, thank you for that. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I know at the end you stand for questions, but are you planning on doing this again this year, Steve? Cory: I think yes. Exactly how it would be rolled out this year I'm not sure, but -- but I know that -- that there is quite a stream of bikes and, basically, if we can figure out how to go ahead and get them cleaned up and renewed. I also believe there is a pretty significant need. So, the commission will be figuring out what event and how to go about all the logistics. Milam: Thank you. Cory: Another event that we rolled out this year was Trash or Treasure and this was a very successful project which facilitated many items to remain useful and stay out of the landfill and we definitely, as a commission, look forward to holding this a sec ond time. Meridian City Council January 23, 2018 Page 13 of 35 This set of slides that Brett Baranco went ahead collected of one particular place with items on the curb that dropped down to two items and, then, he found one of the items moved over into a neighbor's garage and, finally, the exercise bike wen t. But, actually, seeing these things come back into the community for reuse was heartwarming and we definitely appreciate Brett Baranco of the Meridian Police Department for his initiative and his leadership in his efforts to make this a success. We con tinued on with our project of the Hand-In-Hand we recycle. This bin was actually placed out at Republic Services facility over on Franklin and it's continued to be a great location for our multi - family units where the residents of those multi-family have a place to come with their recyclable materials and get them into the stream to be able to contribute to the community recycling fund and we continue to do our annual activity at the Public Works Expo providing information and education materials for any o f the public that attends. I want to single out and thank Commissioner Meg Larsen for leading this activity this year and point out Conrad McDonald of the Republic Services for his excellent recycling demonstration, which we are going to take advantage of tomorrow night at the Town Hall meeting. So, I look forward to that. It's very engaging. One of the field trips that we did as a commission was to go out to Boise's composting facility to keep abreast of the possibilities that it could bring out and that rolled out quite well for the city of Boise. They had set aside a certain amount of land out at their 20 mile farm property and they needed every single square foot of it to go ahead and receive the grass and leaves and such that they picked up from their -- their city and, in fact, had to move into phase two and kind of clear some of that ground for the product before they could go ahead and get it distributed to their citizens and so this does look like it's a good project, something that in the future we may be able to make available to our citizens somehow, but Boise is indicating that that's about 18 to 24 months off before they may actually get the footprint for the facility built large enough to be able to take materials from around the Treasure Valley. But they do have a desire for it to be an original facility. And, of course, Meridian has had its presence on the Solid Waste Advisory Committee for Ada county and there has been quite a bit of opening of the communication pathways on how the landfill is operating and how finances are done with the county and there has been quite a good exchange of information. We certainly hope to push that a little bit harder to go ahead and get a region -wide cooperation that we need to have, so -- because we are in one media area and so any discussion in the paper or in the -- on the radio or on television reaches everyone in the valley and, in reality, there really is only one message that goes across, but sometimes people want to tailor it to their own personal needs and that has been quite a bit of problem over the last month, but we hope to bring that back into a single stream. One of the other activities of our commission was the annual rate adjustment and, of course, most of the rate adjustment that we had to review was just the contractual annual consumer price index increase and, then, there was only one commercial charge that was added to the list of services and we hope that we gave you the information you needed for your consideration, but it -- it was a fairly straightforward exercise this year. So, I want to go ahead and touch base on the Ada county hazardous waste meetings. That is the group that coordinates and directs the collection of hazardous waste, which for Meridian happens out at the Republic Services facility on Franklin and these quarterly meetings -- Mark Nelson is our representative on the commission and, again, there is definitely a good flow of Meridian City Council January 23, 2018 Page 14 of 35 information between the cities on this activity. It's certainly a service that our constituents have told us that they really appreciate. We also did a number of reviews of some code violations and service improvements and various other activities in our -- our charter. We participated in a court mediated settlement involving a contractor operating in violation of city code. We updated the rate comparison chart, which we can use to go ahead and communicate to our citizens the value they are getting for what they pay for in comparison to the other cities in Treasure Valley and maintain the curbside services chart that identifies what's available to our citizens as a ready communication tool and reviewed the standards related to wood placement on container -- and container location on collection days, based on some suggestions from the citizens, and concluded that there was no need for any action at this time, but at least we recognize the citizens interest and concern. We received numerous presentations throughout the year. Republic Services did their quarterly and annual reports on collection services, donated services, household hazardous waste and secondary market conditions for recycled materials. They gave us a specific presentation on the experience that they developed during Snowmageddon last year and being able to continue to provide responsive collection services in the wake of that challenge. As mentioned, we had presentations on Boise’s compost program and on China's changing market on Green Sword and National Sword and its effect on recycling. Oops. And we went ahead and had prese ntations on grass recycling and glass recycling on status of those activities in the valley and whether they were growing. Unfortunately, there was no particular opportunities with glass at this moment, but certainly if we have got some help we might be able to bring some opportunities into this valley. Grass services subscription process is still holding steady and certainly maybe that will become more of interest if the composting program is available to our citizens and so on. And I will close with our upcoming business. Of course, we have to continue to study what's happening with the recycling market and study the -- we still have not had a chance to loop back on the city survey from about a year ago. There are a couple of questions in there that dealt with recycling and garbage collection and, in general, Meridian fared much better than the region, and the country, but there is still more information in there that we might be able to use for our planning purposes. We will continue to promote Trash or Treasure, Hand-In-Hand and Recycle A Bicycle programs and expand our -- continue to expand our education outreach to decrease contamination in the recycling stream. That's something that's needing some high attention at this point. Continue to go ahe ad and monitor glass recycling and yard waste management and participate in the Ada county solid -- solid waste advisory committee, as well as the Ada county hazardous -- household hazardous waste programs and with that, again, want to thank you for the support that you give the commission. We feel like we are truly supported by you and I would stand for questions. De Weerd: Thank you, Steve. I know that in working with Republic on the plastics change and that sort of thing, we did share a video that we asked Republic if -- it was a video that we got from the city of Provo on the Trash Can Can. It was a really informative way and fun way of really sharing better information about what is recyclable, how do you present your trash on trash day and some of the dos and don'ts and it looks like we will be continuing to maybe work on something jointly to help up the Meridian City Council January 23, 2018 Page 15 of 35 education on recycling and what is recycling, what isn't, why it isn't and that's going to be a good dialogue to have with the community. Any questions from Council? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: First I have a question about the compost in Boise. So, part of their program was to, then, allow residents who participated in the program to come out and pick up some compost for their personal use after it was finished making. Do you have any idea how much -- have you heard back how much actually went out back to the residents of Boise, how successful that was from the aspect of it? Cory: I would -- I would communicate their plan and their plan was that roughly a third would be returned back to the citizens that they could pick up for free and about a third of it would be used by the city of Boise for its parks and open spaces and about a third of it they were hoping to eventually be able to sell through Zamzow's or some of the other local entities to go ahead and underwrite the costs. With that I think the -- the composting was picked up very fast. I saw the notes that within seven to ten days they were out -- Milam: Wow. Cory: -- and so I'm not sure whether that -- they will change their plans at this point. Milam: That is great. Thank you. I didn't mean to put you on the spot on that. I just -- I was wondering that and, well, here you are, so -- anyway, you guys are really busy and a lot -- a lot of work has gone into each one of these projects and now with this recycling cluster -- I have my own words for it, but I guess -- I know you have been having a lot of extra meetings and really busy and just thank you for everything that you do and all of the commissioners for all the time that they put in and amazing programs and services that you're helping bring to Meridian. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Steve, a couple things. One, I love this Trash or Treasure program and I hope that it continues to grow and I guess just being one council member -- if there are things you need to hear or see from Council to help support that program I hope that you will come and let us know. Related to Recycle A Bicycle, when you get that date figured out if you could work with the Mayor's office and get that day on our calendar. If you need volunteers and help, again, that's another program that I, myself, would love to help support and continue to make a success. Steve, talk to me a little bit about how many other municipalities have -- have a SWAC or a similar type program and what Meridian City Council January 23, 2018 Page 16 of 35 type of collaboration is existing between the municipalities on some of these shared issues? Cory: I am -- I am not familiar with anyone else in the Treasure Valley that has a citizen commission to help do work with the city and I think that's a kudos to Meridian for doing that. Boise as a citizen commission that oversees the activities of their environmental department, so it's a different function, different charter, oversight, and such versus ours, which is really you have given us a great deal of latitude to go ahead and try to institute programs in the city. Probably a lot of that has to do with the fact that Boise has 200,000 people, while Meridian is now at a hundred thousand people. We are in that area. None of the other communities within Treasure Valley have reached that level yet. Nampa is getting close. Maybe they might follow our model. I'm certainly not going to -- I don't know if I have the time to go ahead and champion it, but if they called me I would be more than happy to advise them to do it. Cavener: Madam Mayor, follow up? Steve, kind of getting back to my -- my previous question. It seems to me that a lot of our fellow municipalities are kind of headed down the same road together with some of the questions, concerns, a program improvement, program evolution. Give us as Council some insight on maybe some things that we need to be doing, so that we can better collaborate, because I guess right or wrong I believe if we are working better with our sister municipalities that there might be better opportunities to address some of these larger concerns that are going to be -- that we are going to be facing over the next few months and years. Cory: Councilman Cavener -- and, I'm sorry, I forgot to address the second half of your previous question, which this question actually works out very well on it. On the county solid waste advisory committee there are representatives -- active representatives from Garden City and from Eagle and we are very much in sync with the goals and aspirations and abilities and what -- how we deal with our citizens with those communities. Kuna and -- and Star are invited, but have not provided a name at this point and we do reach out to try to communicate with them regardless, about the activities that are going on, but the reality is that we are a great little treasure out here, you know, halfway between Spokane, Portland, Seattle and Salt Lake and there is not a lot in between us and those larger places and the Treasure Valley, like it or not, is one media basket and a bunch of citizens that have pretty common desires and goals and things that they want done and it's very easy to communicate with other people, they do have kind of a common in where we want to go and I think the solid waste advisory committee that we forced -- it really was something that Meridian indicated needed to be put together -- has been a great addition to go ahead and facilitate communication within Ada county and, especially, if it can continue to be a volunteer activity, it will be very valuable throughout Treasure Valley, so that we can figure out how to add that on. Cavener: All right. Thanks, Steve. Milam: Madam Mayor? Meridian City Council January 23, 2018 Page 17 of 35 De Weerd: Mrs. Milam. Milam: Steve, do you have any -- a response to Ilene's glass question? I know this doesn't have anything to do with your annual report, but do you have anything jus t there that you can -- because I know this is something that we have discussed in commission several times. Cory: Well, I think the only point of that is just the current state of the market and that is because of the fact that it's cheaper to take sa nd and make new glass than it is to go ahead and recycle glass, which is an unfortunate situation, but happens to be the case, that there aren't any plants that are geared for taking glass and remaking it, reforming it. The only entity that exists is a little entity in Boise that crushes glass into something that competes with sand for sandblasting and they are doing a fine job with that. There are certain reasons why using ground up glass is a much better option than using sand, but, unfortunately, it's a very small market and so they are swamped with what they get. You can see the mountain of glass that they have got from the interstate when you drive out towards Micron and I look at it rather regularly and it, I think, actually even grows. I think they are not even able to handle the glass that they are receiving at this point. So, that was a long way to get to the point that I have been toying with the idea of putting the information together. This is probably more of a county deal, but recommending that the county collate the information on the plastics that we produce, the cardboard, the glass that could be put together and making a presentation to the state Department of Commerce, so that when they are out and about outside of the state talking wi th entities, that maybe they can recruit some firm that would know they had a very stable, good feed stock here and try to lure some companies in here that could use this material. Certainly in all these cases if we could make new products here in the val ley it's better than trucking this material to Seattle or Portland and having somebody else make those materials and enjoy the jobs that come with that, but, yeah, the numbers that we have got as far as the size of the feed stream, they are really valley w ide, so I think what I will try to do is push the county to go ahead and work with the state and make that presentation. Milam: Madam Mayor, follow up? De Weerd: Mrs. Milam. Milam: Thank you, Steve. I really appreciate that information. Although -- and I realize that, you know, glass does disintegrate over time and which is why it hasn't been a top priority, but if somebody could reuse it somewhere, I think it just -- I guess it might be worth the exploration of, you know, figure out how much would it cost to truck it to Seattle or to do something. If feels -- it just feels so horrible putting it in a landfill, that there has got to be something else, whether that's partnering with the county or, you know, other cities and, you know, if we can't get a company to come here to use it, we just have to find some solution. So, I will work with you guys on that as well. Cory: Totally agree. Meridian City Council January 23, 2018 Page 18 of 35 De Weerd: Which is kind of the basis behind the conversation we had before this meeting on a subcommittee, whether it's looking at plastics three through seven or the glass, if there are users out there that we should know about. I think during the recession we identified a user for some of the scrap lumber where Republic started using some of that and partnering with a local Meridian business and there is -- there is just very limited opportunities, but if we have a group of passionate individuals there is never a doubt that there is great ideas that come from it and they will look under every rock and crevice to see if there is something that we haven't considered. So, excited about that opportunity. Kind of the same outcome that we had in the police d epartment when we were talking about dogs and -- and we created an amazing program that for many years served this community until it just got too big, so -- and that was because we had very passionate citizens that came together and said we want to be the solution. Well, thank you, Steve. Appreciate it and just on the Recycle A Bike, get the -- the discussion back to my office, but also in working with Republic, because I understand that there is a cost to that. We used to have a gentleman that recycled all the bikes and we turned those to many of the kids in the Boys and Girls Club, but, then, he went on a mission and we lost that -- that passionate individual and so there is a cost. Identify those costs and maybe it's a great program to be a recipient of the grant from the recycled fund, too. Cory: Thank you and I will I see you tomorrow night at the Town Hall meeting also. Item 9: Action Items A. Public Hearing for Pond Subdivision Shop - VAR (H-2017-0169) by Schultz Development located at 2980 N. Meridian Road 1. Request: Variance to UDC Section 11-2A-6 to keep an existing accessory structure in a required front yard setback De Weerd: yes. Thank you. We appreciate your time and thank you, Mark, for joining him. It's always good to have support. Okay. We will move right into Action Items. Item 9-A is a public hearing on DAR H-2017-0169. I will open the public hearing with staff comments. Beach: Madam Mayor, Members of the Council -- De Weerd: Thank you. Beach: I apologize. At the top this says Paramount Subdivision No. 29, but it's not. What we are talking about is the Pond Subdivision. If you recall -- it was about a month ago there was a preliminary plat approved for this property. As you can see on the north this property is a secure facility. There was an existing home and the subdivision that wraps around the home. Moving onto the next slide here. Just to give you a little bit of background, the original subdivision consists 4.82 acres of land, which was zoned Meridian City Council January 23, 2018 Page 19 of 35 R-8 at 2980 North Meridian Road. The applicant is asking for a variance for the shop highlighted here. Technically in our code -- and I could read that section of code to you. It's 11-2A-3D.3, one, detached accessory building that does not exceed 120 square feet in area and eight feet or less in height shall be allowed in the required rear yard. In no case shall an accessory building be allowed in the street yard or the required side yard. In this case, because of the reconfiguration of the -- of the lot, this is now the required street yard of the home and got some definitions of what street yard means and we can go through those if you would like to, but the UDC -- there is also a section in the UDC that contains a definition of what's called a nonconforming structure and the key to this is if a structure lawfully existed, the UDC would allow for it to remain, but the owner would have to provide evidence that a building permit was received for the building. The applicant need to provide evidence to verify a valid building permit to construct a shed through Ada county. If Council wants to approve the structure to remain, that may be an avenue that we can take to make findings for approval. I have not indicated that to the applicant beyond the staff report. So, he may be able to provide something. We can address that. So, as I said, the applicant is requesting a variance to UDC Section 11-2A-3D3, which prohibits accessory structures from encroaching into the street yard. When this property was annexed the existing structures were called out as nonconforming until such time as future subdivision application was approved. The recorded development agreement also requires that any existing structure remaining as part of the subdivision comply with the R-8 dimensional standards. The narrative from the applicant gives some justification for the request, including the fact that the existing shed that is 258 feet from Meridian Road and 118 feet from the future and proposed Addeson Street and be completely screened from view by fencing at landscaping. As noted previously, the subject property was approved for a preliminary plat in 2017. Prior to the submittal staff indicated to the applicant that a variance would be required in order to keep the accessory building in its current location. During the public hearing of the preliminary plat, Council made a motion that the applicant submit a variance application to take applicants requests to keep the existing structure. There are certain criteria that need to be met, what is called hardship, in order for findings of approval for a variance to be -- to be made. They are listed here. A variance shall not grant a right or special privilege that is not otherwise allowed in the district. A variance re lieves an undue hardship because of characteristics of the site. Three. The variance should not be detrimental to the public health, safety, and welfare. Well, staff is of the opinion that granting the proposed variance would not be detrimental to the public health, safety and welfare. Staff finds granting the variance would grant a right or a special privilege to the applicant that is not otherwise allowed, specifically, the development agreement requires a conformance with the R-8 dimensional standards and the UDC does not allow detached accessory structures in the street yard. Further, staff finds there are no characteristics of the site that would prevent compliance with the subject UDC requirements. Therefore, staff recommends denial of the subject variance request. There are no outstanding issues for Council and did not receive any written testimony on this. I will -- there is some exhibits here. We have something in our code to -- a handout, actually, that we would give the folks that -- that will kind of define what a typical side yard and typical street yard and typical rear yard looks like and how that's Meridian City Council January 23, 2018 Page 20 of 35 defined. So, I wanted to -- to show you that here as well. I will stand for any questions you have. De Weerd: Thank you, Josh. Council, any questions? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: So, Josh, am I understanding this right, that everything was in place and, then, they put the shop in when they probably need a variance or the shop was there and, then, everything else happened? Beach: Sure. So, let me go back to the -- Madam Mayor and Council, and Little Roberts. So -- one more slide. So, this -- this -- prior to the preliminary plat being approved, this was all one lot and it had been that way in the county and there was a provision in the development agreement that upon further subdivisio n of this, that would be something that needed to be corrected. So, it was brought up previously and, then, with the primary plat that we just went through, there was some -- some discussion at Council as to how -- how this would work and what they would need to do in order to make this something that would be legal, so that's why we are here today with a variance. Little Roberts: Thank you. De Weerd: Any other questions? Borton: Madam Mayor? So, that -- that development agreement was at the same time as the annexation? Okay. De Weerd: Okay. Is the applicant here this evening? Good evening. If you will, please, state your name and address for the record. Schultz: Good evening, Mayor and Council. Matt Schultz. 8421 South Ten Mile. I'm here on behalf of Thair Pond. Thair Pond was before my time and was five years ago. 2013. January 22nd. So, five years ago, 2013, they got approved for an annexation and a rezon to R-8 for, I believe, about seven acres. The north to the -- I guess they split it or it was a parcel they could create, they put some -- I don't know if they are care facilities or single story -- there is two of them. They are right on Meridian Road and right behind it on that two acre parcel north of us there was a ve ry large barn, which you can see in the picture, that has a flag in front of it on the left looking at that picture. That -- so, that barn is actually on the north piece of property still owned by Mr. Pond and they -- they want to live in the white house and the shop -- I don't know the history, but in talking to some guys that know, this used to be a really big horse -- pretty high end horse ranch back in the day, in the '70s. Who knew? Who knew? I didn't know. I suspect the shop was from that era, yo u know, '70 to '80s. I'm not sure. So, what you Meridian City Council January 23, 2018 Page 21 of 35 have is on -- these two parcels, which used to be one parcel, you have the house furthest back, then, you have the shop, but it's straddled in the frontage of house, about 20 feet in front, 20 feet in back. So, it's kind of straddled on it. Then you have got the barn sitting on a separate parcel and, then, you have got these two adult care facility houses, if you will, on Meridian Road. So, it kind of staggers forward to back. My client, Berkeley Building Company, purchased recently -- and we ran a preliminary plat through last month. It seems like it was months ago, but I guess it was last month -- for 19 -- or it was actual 20 lots around -- around the existing house, maintaining the access to the road on top of -- this road you're looking at. Where I took this picture was from where the road -- our new road turns and you're looking back to the private driveway they are going to maintain. So, what you see there -- that driveway is going to be maintained. That's going to stay as is. But we are going to put a new road on top of the -- of the hundred and something feet from there back to Meridian Road, full public right of way or curb and there is a lot of driveway access to it -- to this, as well as the -- his whole care facilities at that turn. That preliminary plat was -- well, excuse me. That final plat was on your Consent Agenda tonight. We actually came in with 19 lots. We lost one lot. Made them a little bit bigger. But that was on your Consent Agenda tonight and we are moving forward with construction. We didn't really know the background and history on this. I'm claiming a little bit of ignorance on the fact that it was in the development agreement, that we needed to rectify it. I guess tear it down or -- is that the solution? Tear it down? You know. Or what else are you going to do, move it back 20 feet? There is another little detached -- there is another little detached garage behind this one, too, so I can't really move it back. So, as I stated at the preliminary plat hearing, we were -- we were under the misunderstanding we could ask for a waiver. It was brought to our attention right as the motion was going to be made. Wait. Wait. Wait. You got to ask for a variance. Okay. You know. So, here we are, we went back to the neighborhood meeting nobody showed up to. You know, the public notices, the fee, the 1,500 dollar fee, whatever, for the variance. Here we are asking for a variance, which I know there is a high standard f or variances, but I can count on one hand over the last 20 years how many variances I have asked for and I have gotten them, but it's a little bit of a stretch sometimes. But it's a very unique situation in that -- and you don't create three-quarter acre lots typically. You don't create with flag lots and driveways on, you know, '70s structures. So, this is a very unique circumstance with the geometry and such, that it gives us a situation where we feel it's a hardship to tear down the shop. It's something that the Ponds use, they would like to keep on. We don’t think it's a nuisance technically. You know. You know, I would never ask for an accessory structure in front of a house that was new, but since this is existing and it's a very unique lot, we are asking for the variants and I'm here on behalf of Thair Pond. They don't want to have to tear down -- you know, we don't want to -- it's not really Berkeley's fight, but I said, hey, I will go ask for the variance, Mr. Pond, you know, since you want to keep the shop and so I'm here on his behalf to ask for that variance and hopefully -- and I don't know about finding records for a building permit in the '70s in Ada county. I think the chances on that might be slim to none. I'm guessing. You probably can't find one from five years ago in Ada county. Or maybe ten. You know their records don't go 30 years back. I can almost guarantee it. So -- so, with that said, I'm hoping you grant the variance, in that we don't have to approve the building permit for it. It's a nice steel Meridian City Council January 23, 2018 Page 22 of 35 painted that matches the architecturel of the house. It's not a big eye sore and if you come in -- and if you look at the color -- if you look at the color rendering that I gave you, the exhibit, if you come in on the right side of the road, like your entry traffic will, on the south side of Addeson there, you can see -- we will be looking at a landscaping and a fence, you know, and, then, the view that would catch that would be actually on the exit -- the exit view. So, it's not really a visual insult, if you will, to the -- and it's definitely way back. There is over a hundred feet back from our new road and it's gravel in front of the house. So, we leave it up to you. We are at your mercy. We ask for the variance and not tear it down and leave it as is. So, with that we will stand for your approval. De Weerd: Matt, does Thair Pond live there? I didn't think he did. Schultz: He does. He's staying there. He lives there. We are talking about all kinds of fences around him. Him and his wife live there. But he definitely lives there. Unless he moved out just in the last couple of weeks. But the last I checked he was living there and we are building the roads around him here pretty soon and he was -- told us he was going to stay. Now, if that's changed I'm not in the know, but that's what I understood. De Weerd: Council, any questions? Thank you. Schultz: Thank you. De Weerd: Would you like to provide testimony on this? Our only two in the audience. Earning a merit badge perhaps? Very good. Okay. Council. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I'm wondering if a variance could be granted for a specific amount of time or just while Mr. Pond is using this residence, that could go away if the property changes hands? Staff or legal? De Weerd: Josh or Bill? Beach: I'm not unaware of a way that it can be a temporary variance. Once a variance is granted it -- it's there. It's based on the property, unless Mr. Nary has anoth er way he can think of where it's a temporary deal. I have never seen that as something that's possible. It's always -- once you're granted that, that's -- that's your right and you have got a different setback. Nary: Madam Mayor, Members of the Coun cil, yeah, there isn't a -- there isn't a temporary of that nature and it is in the development agreement, so it's a requirement that's existed for -- since 2012. So, there really isn't an alternative. And, again, I think the staff findings are correct. I mean you have to make those findings to be able to allow the variance. In their opinion this doesn't meet those requirements. Meridian City Council January 23, 2018 Page 23 of 35 Milam: So, Madam Mayor? De Weerd: Mrs. Milam. Milam: To make sure I'm understanding this correctly, we cannot approve this variance unless the applicant can give us a reason showing undue hardship or something of that nature? Nary: The unique characteristics of the site -- the base and dimensions of the site. Usually that's a topography issue predominantly. But that's the -- one of the prongs. You need all of them. And the other is, again, the hardship and hardship can't b e caused by the property. So, it has to be a hardship that exists from other reasons that are beyond their doings. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Question for Mr. Nary. On the variance requirement of -- of relieving an undue hardship, might there be an undue hardship and characteristic of the site created by the plat we approved, necessitating access as depicted here? It created a hardship which might not have otherwise existed. Nary: Madam Mayor, Members of the Council, Council Member Borton, wasn't that anticipated when they annexed the property and agree to that -- the development agreement? And that was not unexpected. Borton: Just walking through this, if in 2012 it was annexed with the DA, but no plat. The DA contemplated complying with all of the R-8 standards and, then, subsequent to that we approve a plat, which didn't have to be designed as it is here, yet it was, we approved it, is it at that point that we created in an undue hardship on this site by necessitating access as depicted? Nary: Well, Madam Mayor, Members of Council, Council Member Borton, I mean I guess I -- my response would be is that hardship, then, was created by the applicant. They chose to subdivide the site. They chose the design of th e subdivision. All of that was their choice on whether to subdivide and how to do it. It wasn't something the city imposed upon them, it was something they chose to do. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I didn't mean to interrupt. Councilman Borton, do you have any other questions? Okay. Are we concerned about setting a precedence in regard to maybe future, you Meridian City Council January 23, 2018 Page 24 of 35 know, land use owners or applicants who may want to do something similar and use this as an example of, hey, did it for him, why can't we do it for us type of a thing. Is that a concern? Nary: Madam Mayor, Members of the Council, Council Member Bernt, yes, that is the primary concern is the state code is very specific on what is required for a variance to be granted and it is totally within your discretion to make that finding of whether you think it meets those requirements. The concern always is is that other applicants will have the same opportunity, that's why that one provision about granting a special right that is not allowed to anybody else, is -- is one of the prongs you have to find, is because, then, other people could say they would, then, like to do something similar, whether it's in that same location or a different part of the city and there would be a difficulty in making various findings that are different when the circumstances are similar. De Weerd: Any other questions from Council for staff or the applicant? Any final -- oh, well, our gentleman in the back would like to provide testimony. You w ill need to come -- if you will state your name and address. Knight: Mark Knight. 9504 Bienapfl Drive in Boise, Idaho. De Weerd: Thank you. Knight: I guess I was just curious. So, Mr. Pond was the owner of the land -- all of the way before? De Weerd: Yes. Knight: And, then, he decided -- he agreed to subdivide it -- sell off part of it and subdivide it. Was it like -- do we know for sure it was clear to him when that was agreed upon that that shop had to be removed? De Weerd: Yes. I think it was part of the discussion. Knight: I mean was it just kind of in the paperwork or did he know that for sure, do you know? You don't know? Bernt: Better get him on the phone. Knight: It just seems -- I don't know. It seems like if he already knew that and agreed upon it, then -- and, then, to make a variance after you already allowed it to be subdivided, I can see why you might not want to let him have the variance later, but if it was unclear to him and at this point he's being told he has to take it down, then, that seems unfair, so -- Meridian City Council January 23, 2018 Page 25 of 35 De Weerd: Thank you. Appreciate your comments. Always appreciate help. I guess we would ask Matt if he did his job as a land developer to explain all of those things. Schultz: Thank you, Mayor. And I swear I didn't pay that guy. But he did introduce a good point and from my understanding it said meet all code requirements of R -8. It was way over Thair Pond's head and whatever he was doing at the time, which was the adult care facilities, I think it was in the future he might do a subdivision. He didn't think through the -- and to be honest with you, I didn't even know when we submitted this that this was going to come up until staff caught it in the review. So, I -- you know, I don't have Thair Pond here to testify. Wish I did, you know, and put it on the record that he didn't know. But it's my assumption from my discussions with him and he would just be devastated. It wasn't like we were trying to get around it and now get a variance after the fact or anything like that. So, here is my interpretation on something that was discussed with Mr. Nary about the -- the granting of a right or a special privilege that is not otherwise allowed in the district. The fact that staff says, oh, we -- it would grant a right or a privilege and I know that's the high bar we need to meet and the way I interpret that -- and I'm no attorney -- is that is there another way to -- like another zone request or another way to get it that doesn't open up a precedence for somebody to come in later and say, oh, look you let them do a three -quarter acre lot with a shop halfway in front of the house, you know, 150 feet back of a road, you know, it's just not going to establish a precedent. So, I may be erroneous, but that was -- that's my interpretation. It's a very low bar. I'm not an attorney. I just -- I just kind of seen a few of these over the years and do ne a few of them over the years and I think, hopefully, you will grant this and I understand, because of a technicality why you might not. But we hope that you can find a technicality, find a finding that it doesn't grant a special right or privilege and I will just leave it at that and we will see how it goes. Thanks. De Weerd: Josh or Caleb, anything you needed to add? Beach: Looking for -- just so that you're aware, we are trying to remember -- and I'm looking up a staff report directly across the street on the west side of Meridian Road, there is the Madden Village Subdivision that was approved last year as well with a similar situation and we are trying to see what we did, so that we can make sure we are consistent with -- I'm looking for that as we speak. And there wasn't a variance applied for that we can recall on that, Madam Mayor. I don't believe so. Nary: Madam Mayor? Madam Mayor, Members of the Council, I mean -- so I'm looking at the development agreement that Mr. Pond did sign in 2012. So, I have to presume he read it and so he did know the conditions. The only thing I can think of, if the Council wants to grant a limited use, is, again, part of the conditions of this development agreement are to comply with our code at a certain point in time. So, my only concern -- whenever we make special conditions to allow somebody to do something for a certain period of time that someone has to keep track of the period of time and, then, we have the same discussion in five years that I don't really want to tear the building down. So, I mean in looking at this development agreement, I mean it's certainly withi n the Council's purview that's -- that's not in front of you tonight, so you can't grant an Meridian City Council January 23, 2018 Page 26 of 35 amendment to the development agreement. That's certainly an option they could have considered. But, again, it's always a problematic -- that's the only thing I could think of is that the development agreement gives these requirements at certain points in time and when things need to be removed. The language, as Josh has stated in the development -- or in the staff report is in this development agreement about remo ving structures and complying with the requirements. But the concern is is, again, you're only kicking the can down the road to somebody else at five years or ten years or whatever date you want to set, someone is going to come in and say I don't want to tear it down no matter what you do. I tried. De Weerd: Okay. Matt? Schultz: Thanks, Mayor. Matt Schultz again. Yeah. Thanks, Mr. Nary. I forgot to mention the last time I was up here. There is an option and I thought of it a couple of iterations ago about maybe opening up the amended development agreement potentially to what he just alluded to. Potentially. But we already got a variance in front of us, so I don't -- I don't know if it's conditional upon granting a revised DA. I don't know. It's a little convoluted. But -- but I think it speaks to, you know, it ties my hands -- you know, it hangs on the DA, apparently, from what we are saying, that it's all hanging on the DA that says he needs to meet all the conditions of code. So, ideal ly this would have been addressed before the DA was done or concurrent with the DA five years ago. It wasn't. I would be happy to take it back through a revised DA, if you would waive the fee, because we already paid 1,200 bucks for the variance or what ever it was. But we are going to be on this site for a while. We are going to be building through the summer -- the spring, summer, and I would be happy to do it for Mr. Pond, if that's a route that you think you need to go. I’m just throwing that out t here, so -- thanks. De Weerd: Thank you. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Regardless of what's in the DA, the requirement to comply with -- in this case the R-8 standards still exists, does it not? Nary: Yes. Madam Mayor, Members of the Council, Council Member Borton. So, what I'm looking at -- and what Josh cited in the staff report is that one condition in this development agreement says any future subdivision shall be designed in a manner that the existing structures on the site comply with the R-8 dimensional standards. So, that's what he was talking about. So, what I'm saying is is could the Council consider amending that one condition in creating an additional condition? I think you can. I don't think it changes the conversation, it just pushes it to another point in time. Whether or not any future subdivision could have been drafted at the time saying one property can remain for a period of time or whatever you want to allow as a condition of annexation, which is what -- the development agreement has done that -- could have been Meridian City Council January 23, 2018 Page 27 of 35 considered or discussed at the time. I don't know -- I don't recall this one, so I don't recall if that was the conversation at all, but it is clear that -- from what the staff has presented that based on the fact that they chose to, then, resubdivide the property to do this new Pond Subdivision, that does enact this provision that requires that all of it has to comply with the R-8. De Weerd: And since it was in the DA, this topic has come up before. Is it possible to continue this to our next meeting to look into what was presented during that application and if some of those consequences were clear to consider that condition in the DA? Nary: Madam Mayor, Members of the Council, yes. Absolutely. We can do that. Again, if -- if the decision at that point in time is to consider an amendment to the development agreement, then, that's a different process they will have to go through. You can't grant it as part of this. But, yes, we can continue it to get more information, so that you at least have more information to make this decision. We could certainly do that. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Do we still have to make the variance findings? I mean you're still -- you're stuck with that, aren't you? Nary: Well, Madam Mayor, Members of the Council, yeah, I -- you know, lawyers can also have two different opinions. I -- I would agree you could argue that, yes, you still have to make a variance finding. You could also argue that if this condition had said -- even at a future subdivision, one property can remain for this period of time for whatever you want it, I think you could make that -- you might be able to make that finding, but without knowing what the conversation was, whether it was discussed -- even if it wasn't discussed, I'm not saying that that's fail safe, but, you're right, I mean it's certainly arguable that you are still granting a special right. A variance is still necessary. It may not answer your question. Borton: It didn't. It's good to know. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: So, it seems, though, from what Bill is saying that if we do amend the DA we can, then, put a time limit on this structure, allowing it for -- to remain for a certain amount of years? That's what it sounded like. It's already a 40 year old shop. So, maybe forever isn't the best idea either, but -- I am not real thrilled of just making Mr. Pond tear it down right now either. Meridian City Council January 23, 2018 Page 28 of 35 De Weerd: And, again, I think the challenge is going back and tearing down something after the fact is next to impossible. Could this have been avoided in a different plat design? Beach: I think there is -- Madam Mayor, Members of the Council, I believe there is -- if you look at the diagram here, the way that our code is set up is whatever the front of the house -- or the yard is, you can't have a shop further than this plane about right here. Okay? If access to this home would take off of -- to the name of the street, but if it came south, then, we could make the argument that that is, then, the street yard and, then, the shop would, then, be in the rear of the property and I think we c ould make that finding. Again, some of it is dependent on the design, some of this is how the applicant wanted to design their homes or their access to their driveway into their business is. I think there is -- there is opportunity there, definitely, to do something different that would -- would have made this work. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: If it's a continuance to February 6th, to at least keep this thing alive while legal and planning noodles some possible solutions -- there is a couple of weeks. Well, a couple things that I struggle with the variance finding. I don't -- I don't know how you get through the undue hardship, because of the characteristics of the site and Matt could see that as well. It's just a tough one to find and I really -- one, holding true to the variances -- they don't comply, we have got to -- got to make the findings and if we can't we can't and the idea of modifying the DA to back door a variance request, even with good intentions, is a really slippery slope. It kind of spooks me a little bit in a big way. So, I'm not opposed to continuing it for two weeks, but I -- I don't know if it gets -- at least from my perspective if it gets -- get us anywhere. I don't think I can make that finding. De Weerd: Any further discussion? Borton: Madam Mayor? The adoptions it sounds like are -- it may very well be to deny the request or continue it. Council has a preference in two weeks or just take action today. Bernt: I -- I probably would move to continue -- oh, sorry. Madam Mayor. I am so sorry. That's pretty funny. I apologize. It was a major mist ake on my part. De Weerd: You're entitled. You're still the new guy. Bernt: Bad mistake. My apologies. Madam Mayor. De Weerd: Mr. Bernt. Meridian City Council January 23, 2018 Page 29 of 35 Bernt: I probably would move to continue this. Give Matt two weeks to pull a rabbit out of his hat and figure out maybe how he can do this. That would be something that I would be in favor for. De Weerd: Mrs. Milam, was that kind of an attempt to say I second the motion? Milam: It was probably -- De Weerd: Further discussion? No? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: If the Council wants to continue this for two weeks I'm fine with that. I just think that it's -- to the applicant -- and I echo Council Member Borton's comments. The threshold for me for granting a variance is very, very high and it's intended to be high. I hear the intent and see what you're trying to accomplish and sympathetic to what you're trying to hopefully do. I just -- I struggle with finding the findings to be able to support granting of a variance, but for the next two weeks there is an opportunity to -- for us to maybe go back and review the minutes or watch the meeting, get a better understanding maybe of what the intent was of Council at the time if that somehow is not reflected, I'm willing to put in the time for that as well. De Weerd: Okay. I have a motion and a second to continue this until February 6. All those in favor say aye. Any opposed? Okay. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Public Hearing Continued from January 16, 2018 for Proposed New Fees for Accessory Use Permit for Home Occupation, Accessory Use Permit for Home Occupation that includes provision of lessons or instruction to a group of 7 or more students, and Review of Landscape Plan revisions 1. Resolution No. 18-2057: Adoption of New Fees for Accessory Use Permit for Home Occupation, Accessory Use Permit for Home Occupation that includes provision of lessons or instruction to a group of 7 or more students, and Review of Landscape Plan revisions De Weerd: Item 9-B is a public hearing continued from January 16th and -- what staff might be -- oh, Caleb. Hood: Madam Mayor, Members of the Council, as was just mentioned, this was continued from January 16th, although no presentation was given, because it was after Meridian City Council January 23, 2018 Page 30 of 35 midnight at the time. We still have the exact same amount of people in the audience, though, I will point out, so we could have tackled this last week. Milam: We could have done it -- Hood: But as is the case anyway. There are really two things associated with this item. There is an action item underneath my presentation, a resolution 18 -2057, which I would ask you to make a motion to approve after my brief presentation. There reall y are two things included in this request. One is to reflect the revised fees for home occupation accessory use permit tiers that we discussed over the previous several months and adding that to the city wide fee schedule and, then, currently in Meridian City Code 11-5A2 there is a table that has a line item labeled landscape plan review, but we don't have an associated fee with that, so we have never really been able to use that tool. So, today we -- any developer that wants to change their landscape plan, whether it be for fencing or different types of amenities or those types of minor modifications, we charge them a 541 dollar fee and we send them back to you for what we call final plat modification. So, if we add this landscape -- landscape plan fee, we will be able to process those modifications at the staff level and process them administratively. So, just to clarify, those would be changes to a landscape plan that weren't the subject of a public hearing, so people are here and, you know, everyone liked the pool and they want to change a pool for tot lot, we would say, no, you got to go back through that process of a public hearing again. But if someone had, you know, vinyl fencing and now they want to do cedar fencing and it wasn't discussed by anybody, we can do that at the staff level. So, just kind of an example of what we are talking about here. So, that's really what the revised fee schedule is for on this topic and I think with that brief presentation I would stand for any questions you may have. De Weerd: Thank you, Caleb. Council, any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: If there are no questions, I move we approve 9-B, Resolution No. 18-2057. Milam: Second. De Weerd: I have a motion and a second on the resolution. Nary: Madam Mayor, Members of the Council, yes. It's a public hearing, so you need to close the public hearing and, then, the ordinance, that's 11 -A, is what is the ordinance for the public hearing. De Weerd: So, what's the resolution for then? Meridian City Council January 23, 2018 Page 31 of 35 Nary: Oh, I'm sorry, yeah. So, the ordinance -- the resolution adopts the fees, the ordinance amends the code. De Weerd: Okay. Nary: I apologize. De Weerd: Thank you. Nary: So, yeah. The resolution for the fees. Cavener: Madam Mayor? De Weerd: Yes, Mr. Cavener. Cavener: Try this one more time. I move we close the public hearing on 9-B. Milam: Second. De Weerd: I have a motion and a very quick second to close the public hearing. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move we approve Item No. 9-B, Resolution No. 18-2057. Milam: Second. De Weerd: I have a motion and a second to approve the resolution. Any discussion from Council? Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 10: Department Reports A. Public Works: Net Zero Budget Amendment to Cover Reimbursement Agreements with ACHD (Project 815025) And Meridian City Council January 23, 2018 Page 32 of 35 MDC to install Historical Street Lights Not-to-Exceed $220,177 De Weerd: 10-A is a department report. You will notice, Council, that we have new terminology in the description on this. Net zero budgeting. Oh, sorry. Dolsby: Thank you. De Weerd: So, a net zero budget amendment request. Dolsby: Madam Mayor, Members of the Council, I'm here to request a budget amendment in the amount of 220,177 dollars for the street lighting along the ACHD Pine Road widening project between Meridian and Locust Grove that's going on right now. This will result in a net zero cost to the city. So, the street lights will be installed under the ACHD construction project and, then, paid for by the city. ACHD will invoice the city, but, then, the city has an agreement with the Meridian Development Corporation and MDC will be reimbursing the city for all of those costs. So, we just need the spending authority to be able to spend this amount of money and, then, this amount of money will get reimbursed back to us by MDC. So, with that I will stand for any questions. De Weerd: Thank you. Council, any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Seeing no questions, I move we approve 10 -A, Public Works budget amendment for a not to exceed amount of 220,177 dollars for ACHD project B1502 5. Milam: Second. De Weerd: I have a motion and a second to approve Item 10 -A. Any discussion from Council? Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 11: Ordinances A. Amended Title: Ordinance No. 18-1762: An Ordinance Amending Meridian City Code As Codified At Title 11, Entitled The Unified Development Code, Of The Meridian City Code Meridian City Council January 23, 2018 Page 33 of 35 Pertaining To: Definitions; Allowed Uses In All Districts; Specific Use Standards (Home Occupation And Retail Store, Wine And Beer Sales And Servings); Surety Agreements And Establish New Definitions And Regulations To Allow The Operation Of Food And Beverage Products Processing, Minor, In The Commercial, Industrial And Traditional Neighborhood Zoning Districts; And Providing For A Waiver Of The Reading Rules; And Providing An Effective Date. De Weerd: Item 11-A was just discussed. It's Ordinance 18-1762. Mr. Clerk, will you, please, read this by title. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 18 -1762, an ordinance amending Meridian City Code as codified at Title 11 , entitled the Unified Development Code of the Meridian City Code, pertaining to definitions. Allowed uses in all districts. Specific use standards. Home occupation and retail store. Wine and beer sales and servings. Surety agreements. And establishi ng new definitions and regulations to allow the operation of food and beverage products processing. Minor. In a commercial, industrial, and traditional neighborhood zoning districts. And providing for a waiver of the reading rules and providing an effective date. De Weerd: Thank you. Council? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move we approve Ordinance No. 18-1762 with suspension of rules. Milam: Second. De Weerd: I have a motion and a second to approve Item 11 -A. Mr. Clerk, will you call role. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 12: Future Meeting Topics De Weerd: Any items under Item 12? Reminders of the Town Hall meeting tomorrow evening from 6:30 to 8:00 at Cole Valley Christian and State of the City on February 7th at 4:29. It's a half hour later. Meridian City Council January 23, 2018 Page 34 of 35 Borton: Madam Mayor? De Weerd: Mr. Borton. For future meeting topics, just as a heads up, the workshop February 13 has Idaho Humane Society long-term direction-discussion, a VRT presentation about Valley Connect 2.0. We are going to be discussing Council Woman Milam's comments and discussion about Council elections and whether it's amended -- our ordinance amended to have the top vote getters, I think, be the ones, as opposed to running for individual seats. So, that's one for the workshop as well. And, then, each of us will have the opportunity to present our brief updates, if any, on those commissions that we participate on. External. So, just a heads up of workshoppolooza in February. Milam: Thanks. Hood: Madam Mayor? De Weerd: Yes, Caleb. Hood: I know I'm not part of the Council for future meeting topics, but I would like to piggyback on what Mr. Borton just brought up. There is a -- a joint meeting just after the workshop meeting with the Planning and Zoning Commission. So, that does -- it is going to be a long meeting. But it has to end somewhere around 5:30 or 6:00, because you have another party joining you for that meeting. So, I’m kind of looking at the clerk limiting the topics of discussion. I also had a brief conversation with Councilman Cavener before this meeting that VRT 2.0, Steven Hunt with VRT, will not be ready on the 13th to discuss that and he would like to do that in March, if at all possible, which may help you out a little bit. So, just one more thing while I have the floor. I was planning on doing an All Things Transportation, but I can maybe put it on the agenda and if there is not time we will do it some other time, if that's -- that's okay. But, anyways, I just wanted to also remind you of the joint meeting with Planning and Zoning mainly. Thank you. Item 13: Executive Session per Idaho State Code 74-206(1)(f): To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated and 74-206(1)(j): To consider labor contract matters authorized under section 67-2345A [74-206A](1)(a) and (b), Idaho Code. De Weerd: Thank you, Caleb. With that I will move to Item 13 with Executive Session and ask for a motion. Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council January 23, 2018 Page 35 of 35 Borton: I move that we go into Executive Session pursuant to Idaho State Code 74 - 206(1)(a),(1)(b),(1)(f) and (1)(j). Cavener: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea; Bernt, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. (EXECUTIVE SESSION: 7:47 p.m. to 10:04 p.m.) De Weerd: I would entertain a motion to come out of Executive Session. Borton: So moved. Little Roberts: Second. De Weerd: All those in favor say aye. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Do I have a motion to adjourn? Borton: So moved. Little Roberts: Second. De Weerd: All those in favor. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 10:04 A.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) _______________________________ ______/______/______ MAYOR TAMMY DE WEERD DATE APPROVED ATTEST: _____________________________________ C. JAY COLES, CITY CLERK Meridian City Council January 16, 2018 Page 35 of 35 Borton: I move that we go into Executive Session pursuant to Idaho State Code 74- 206(1)(a),(1)(b),(1)(f) and (1)(j). Cavener: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea; Bernt, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. (EXECUTIVE SESSION: 7:47 p.m. to 10:04 p.m.) De Weerd: I would entertain a motion to come out of Executive Session. Borton: So moved. Little Roberts: Second. De Weerd: All those in favor say aye. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Do I have a motion to adjourn? Borton: So moved. Little Roberts: Second. De Weerd: All those in favor. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 10:04 A.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MA f1-TA�11C/I DE WEERD DATE APPROVED O�SED AUGUST,. ATTEST: eQ t� C. JAY COLE, CITY LE s c;,vof w Com` EIDDAA+_... IDAHO s� SEAL City Council Meeting Meeting Date: January 23, 2018 Agenda Item Number: Project/File Number: Item Title: Future Meeting Topics Public Forum (Up to 30 Minutes Maximum) Meetina Notes CITY OF MERIDIAN CITY COUNCIL PUBLIC FORUM SIGN -IN SHEET Date: January 23,2018 Prior to the commencement of the meeting a person wishing to address the Mayor and City Council MUST sign in and limit their comments to the matter described below. Complaints about individuals, city staff, business or private matters will not be allowed. Testimony or comment on an active application or proposal that is or will be pending before Planning and Zoning or City Council is strictly prohibited by Idaho law. Each speaker will have up to three (3) minutes to address the Mayor and Council, but the chair may stop the speaker if the matter does appear to violate guidelines, varies from the topic identified on this sign in sheet or other provisions of law or policy. Print Name Provide Description of Discussion Topic i City Council Meeting Meeting Date: January 23, 2018 Agenda Item Number: - 6A Project/File Number: Item Title: Approve Minutes of August 15,, 2017 City Council Special Meeting Meeting Notes 0 Meridian City Council Special Meeting August 15, 2017 The Meridian City Council special meeting was called to order at 5:00 P.M. on Tuesday, August 15, 2017, by Mayor Tammy de Weerd. Members Present: Tammy De Weerd, Keith Bird, Joe Borton, Ty Palmer, Genesis Milam and Luke Cavener. Staff Present: C.Jay Coles, Bill Nary. Item 1: Roll-call Attendance: Roll call. O__ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X__ Keith Bird __X___Genesis Milam __X__ Lucas Cavener __X_ Mayor Tammy de Weerd Item 2. Adoption of the Agenda: Bird: I move we adopt the agenda as published. Borton: Second. De Weerd: A motion and a second to approve the agenda as published. All those in favor say aye. ALL AYES. MOTION CARRIED. Item 3. Executive session per Idaho Code section 74-206(1)(a): To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. . Bird: I move we go into Executive Session as per Idaho State Code 74- 206(1)(a). Borton: Second. De Weerd: I have a motion and a second to go into Executive Session. All those in favor say aye. ALL AYES. MOTION CARRIED. Meridian City Council Meeting Agenda January 23, 2018 – Page 6 of 363 (Executive session at 5:02 p.m. to 6:02 p.m.) Bird: I move we adjourn the Executive Session. Borton: Second. De Weerd: I have a motion and a second to come out of Executive Session. All those in favor say aye. ALL AYES. MOTION CARRIED. Bird: Move to adjourn.. Borton: Second. De Weerd: A motion and a second to adjourn. All in favor. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 6:02 P.M. (AUDIO ON FILE OF THESE PROCEEDINGS) APPROVED: MAYOR TAMMY De WEERD ATTEST: C AY COLS, CITY CLERK 0 DATE APPROVED C' v of w E ID1gN�. SEAL / City Council Meeting Meeting Date: January 23, 2018 Agenda Item Number: (D8 Project/File Number: Item Title: Approve Minutes of August 22, 2017 City Council Special Meeting Meetina Notes Meridian City Council Special Meeting August 22, 2017 The Meridian City Council special meeting was called to order at 5:00 P.M. on Tuesday, August 22, 2017, by Council President Keith Bird. Members Present: Keith Bird, Joe Borton, Ty Palmer, Anne Little Roberts, Genesis Milam and Luke Cavener. Staff Present: C.Jay Coles, Bill Nary. Item 1: Roll-call Attendance: Roll call. X__ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X__ Keith Bird __X___Genesis Milam __X__ Lucas Cavener __O_ Mayor Tammy de Weerd Item 2. Adoption of the Agenda: Borton: Mr. President, I move we adopt the agenda as published. Milam: Second. Borton: Actually, let me make an amendment to the agenda. We’re going to add under the executive session an additional sub-category under Idaho Code section 74-206(1)(c). And with that addition to the agenda I move that we adopt the amended agenda. Milam: Second. Bird: We’ve got a motion to adopt the amended agenda and a second. All in favor say aye. ALL AYES. MOTION CARRIED. Item 3. Amended Executive session per Idaho State Code 74-206(1)(j): To consider labor contract matters authorized under section 67-2345A [74-206A](1)(a) and (b), Idaho Code and 74-206(1)(c): To acquire an interest in real property which is not owned by a public agency. Borton: Mr. President, I move we go into Executive Session pursuant to Idaho State Code 74-206(1)(j) and (1)(c) and (1)(a) and (1)(b). Meridian City Council Meeting Agenda January 23, 2018 – Page 9 of 363 Milam: Second Bird: I have a motion. Any discussion? Mr. Clerk will you call roll call? ALL AYES. MOTION CARRIED. (Executive session at 5:03 p.m. to 6:00 p.m.) Bird: Do I have a motion to come out of executive session? Milam: So moved. Bird: Do I have a second? Cavener: Second. Bird: Got a motion to come out of Executive Session and a second. Any discussion? If not everybody in favor say aye. ALL AYES. MOTION CARRIED. Bird: I would entertain a motion to adjourn the special meeting. Borton: So moved. Cavener: Second. Bird: Got a motion to adjourn and a second. All in favor say aye. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 6:00 P.M. (AUDIO ON FILE OF THESE PROCEEDINGS) APPROVED: MAYOR TAMMY De WEERD DATE APPROVED ATTEST: C. City Council Meeting Meeting Date: January 23, 2018 Agenda Item Number: . . .......... . .. . . ........... . Project/File Number: Item Title: Rapid Creek Subdivision Multi -Use Pathway License Agreement Meetina Notes ADA COUNTY RECORDER Christopher D Rich 201$_012738 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 0211212018 10:03 AM NAMPA MERIDIAN IRRIGATION DIST NO FEE 11111111111111111111111111111111111111111 III II Ili 00462424201800127380050052 AGREEMENT AGREEMENT, made and entered into this _lL day oftolgn-i;�d-anod 218, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district existing under and by virtue of the laws of the State of Idaho, hereinafter referred to as the "District," and THE CITY OF MERIDIAN, a political subdivision and municipality of the State of Idaho hereinafter referred to as the "City," WITNESSETH: WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and Maintaining Pathways for public use along and across some of the District's ditches and within some of the District's easements and fee title lands dated December 19, 2000, recorded as Instrument No. 100102999, records of Ada County, Idaho, hereinafter referred to as the "Master Pathway Agreement;" and, WHEREAS, the District and the City intended by entering the Master Pathway Agreement to accomplish the following in a manner that is consistent with their respective legal and fiduciary responsibilities; to enhance the City's pathway planning though early consultation between the City and the District; to establish a process for the City's submission of pathway requests and the District's consideration of such requests; and to provide the general conditions for the District's approval and authorization of pathway requests affecting the District's ditches, property, operations and maintenance; and, WHEREAS, the District grants to the City the right develop pathways to encroach within the District's easements and/or fee title property along and across the District's ditches, canals and easements/property therefor upon the terms and conditions of said Master Pathway Agreement and after the execution of an agreement for each proposed crossing and encroachment; and, WHEREAS, the pathway proposed by this Agreement crosses the District's fee title property but to the extent it is outside of the District's fee title property the City is the owner of the real property easement / right of way (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District controls the irrigation/drainage ditch or canal known as the FIVE MILE DRAIN (hereinafter referred to as "ditch or canal") together with the real property and/or easements to convey irrigation and drainage water, to operate and maintain the ditch or canal, and which crosses and intersects said described real property/right of way of the City as shown on Exhibit B attached hereto and by this reference made a part hereof; and, AGREEMENT - Page 1 Pdv�lcl Crce. t, WHEREAS, the City desires approval to construct, install, operate and maintain a paved pathway within the District's property/easement for the Five Mile Drain under the terms and conditions of said Master Pathway Agreement and those hereinafter set forth, NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth and those set forth in said Master Pathway Agreement, the parties hereto agree as follows: 1. The City may construct, operate, maintain and repair a 14 foot wide pathway within the District's real property and/or easement for the Five Mile Drain on the north side of the Five Mile Drain within Rapid Creek Subdivision, located southwest of the intersection of Black Cat Road and McMillan Road in, Meridian, Ada County, Idaho. 2. Any construction, widening or crossing of said ditch or canal shall be performed in accordance with the "Special Conditions" stated in Exhibit C, attached hereto and by this reference made part thereof. 3. The permitted hours of use of the pathway shall be from one half hour before sunrise and one half hour after sunset. 4. The parties hereto incorporate in and make part of this Agreement all the covenants, conditions, and agreements of said Master Pathway Agreement unchanged except as the result of the provisions of this Agreement. The covenants, conditions and agreements herein contained and incorporated by reference shall constitute covenants to run with, and running with, all of the lands of the City and/or District described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the District has hereunto caused its corporate name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the City has hereunto subscribed its corporate name to be subscribed and its seal to be affixed thereto, all as of the day and year herein first above written. NAMPA & MERIDIAN IRRIGATION DISTRICT ; c�e�LV iAq��9 OFFIC►,qz �, = By _ e_,, A�4 Its President ATTEST: Its Secretary AGREEMENT - Page 2 ,��pStATED RCr�Z S� THE CITY OF MERIDIAN ID rA N aLgL By .�y ATTEST: STATE OF IDAHO ) ss: County of Canyon ) On this (._C day of rl&-i 2018,,before me, the undersigned, a Notary Public in and for said State, personally appearei #4n .. ani Daren R. Coon, known to me to be the President and Secretary, respectively, ofNAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district 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. N � STATE OF IDAHO County of Ada ��� Vr'`• `': ;A OT '°1'leti.IG )�� N� •••. .•' O rte/ 'qr •••......••• � ��` OF ���11111111��, Notary Public for! ho Residing at , Idaho My Commission Expires: I '�:l rjVn On this _23 day of Jan" 'V 2018, before me, the undersi ned, a Notary Public in and for said State, personally appeare 1 mN 4 and . known to me to be the and r , respectively, of The CITY OF MERIDIAN, the entity that &ecuted the foregoing instrl! ent and acknowledged tome that such entity executed the same. IN WITH ESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. .��,.N...,. f 44 • ' 61A � �"�: Notary Public for • ' '� Residing at My Commission Expires:. 3 a' 01,o c� 2• • 1C ••s •NSt AGREEMENT - Page 3—Raolck Creel EXHIBIT A Legal al Descri tion The District owns a portion, if not all, of the property where the proposed pathway is to be located in fee title but to the extent the District holds an easement then the City has a right-of-way/easement within Section 33, Township 4 North, Range 1 West, B.M., Ada County, Idaho. EXHIBIT B Lacati-on_of ProperlylDrain See Exhibit C-1 attached hereto. EXHIBIT Special Conditions a. The location and construction of the pathway shall be in accordance with Exhibit C-1, attached hereto and by this reference made a part hereof. b. In the locations referenced herein and where pathway is proposed, the District owns fee title to a portion of the real property adjacent to the Five Mile Drain. However, to the extent the District does not own the property in fee, the District's easement along this section ofthe Five Mile Drain includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Five Mile Drain, and to access the Five Mile Drain for said purposes and is a minimum of 100 feet, 50 feet to either side of the centerline. C. Construction shall be completed one year from the date of this agreement. Time if of the essence. AGREEMENT - Page 4 Meridian City Council Meeting Agenda January 23, 2018 — Page 15 of 363 �I Qi x r lit ;! W, P1.9 e. gg: 4i g333$ep Fs SS G 9 tPt9 �g(� 6� R ggiltfli4f HUH; 3�1 OIL ,J,' Meridian Clltam te"genda January 23, 2018 - Page 16 of 363 Y W LU V D CL Q O x a z Q a w W YL City Council Meeting January 23, 2018 Item #9A: Paramount Subdivision No. 29 Exhibits City’s Setback Exhibit Item #9A: Pond Subdivision Shop - VAR (H-2017-0169) Application(s): ➢ Variance Size of property, existing zoning, and location: This site consists of 4.82 acres of land, zoned R-8, located at 2980 N. Meridian Road. History: In 2012, this land was previously annexed and zoned and granted conditional use permit approval in 2012 (AZ -12-014; CUP - 12 -020) for Tomorrow's Hope. A development agreement was recorded (DA #113019366) which requires any existing structures that were to remain as part of a future subdivision had to comply with the R-8 dimensional standards. In 2017, the property was granted preliminary plat approval as part of Pond Subdivision (H-2017-0115). The property will be reconfigured once the final plat records. A requirement of the preliminary plat states the applicant shall remove the non -conforming structure or apply for a variance. Summary of Request: The following Unified Development Code (UDC) sections are pertinent to this application: 11 -2A -3D.3 — "One detached accessory building that does not exceed one hundred twenty (120) square feet in area and eight feet (8) or less in height shall be allowed in the required rear yard. In no case shall an accessory building be allowed in the street yard or the required side yard," Per UDC 11-1A-1, street yard is defined as follows: "An area extending across the full width of the property and lying between the front property line and the nearest line of a principal structure." The UDC contains a definition of a nonconforming structure. The key is if the structure lawfully exists, the UDC would allow for it to remain but the owner would have to provide evidence that a building permit was received for the building. The applicant would need to provide evidence to verify a valid building permit to construct the shed through Ada County. If Council wants to approve the structure to remain, that may be the avenue that we can make the Findings for them. The definition of a nonconforming structure is as follows: "A structure that was lawfully constructed and/or existing prior to the effective date of this title but that does not conform to the dimensional standards for the district in which it is located." The applicant requests a variance to UDC 11 -2A -3D.3, which prohibits accessory structures from encroaching into the street yard. When this property was annexed, the existing structures were called out as non -conforming until such time as future subdivision application was approved. The recorded DA also requires that any existing structuring remaining as part of the subdivision comply with the R-8 dimensional standards. The narrative from the applicant gives some justification for the request including the fact that the existing shed is 258 feet from Meridian Road and 118 feet from the future Addison Street and will be completely screened from view by fencing and landscaping As noted previously, the subject property was approved for a preliminary plat in 2017 (Pond Subdivision H-2017-0115). Prior to this submittal, staff indicated to the applicant that a variance would be required in order to keep the accessory building in its current location. During the public hearing of the preliminary plat Council made a motion that the applicant submits a variance application to take the applicant request to keep the existing structure. In order to grant a variance, the Council needs to make the following findings: 1. The variance shall not grant a right or special privilege that is not otherwise allowed in the district; 2. The variance relieves an undue hardship because of characteristics of the site; 3. The variance shall not be detrimental to the public health, safety, and welfare. Whilestaff is of the opinion granting the proposed variance would not be detrimental to the public health, safety and welfare; Staff finds granting the variance would grant a right or special privilege to the applicant that is not otherwise allowed. Specifically, the DA requires conformance with the R-8 dimensional standards and the UDC does not allow detached accessory structures in the street yard. Further, staff finds there are no characteristics of the site that would prevent compliance with the subject UDC requirement. Therefore, staff recommends denial of the subject variance request. Outstanding Issue(s) for City Council: None Written Testimony: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0169, as presented in the staff report for the hearing date of January 23, 2018: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0169, as presented during the hearing on January 23, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0169 to the hearing date of for the following reason(s): (You should state specific reason(s) for continuance.) City Council Meeting Meeting Date: January 23, 2018 Agenda Item Number: 6 D Project/File Number: H-2017-0150 Item Title: Final Plat for Castle Creek by Northwest Ventures, LLC located at 2432 E. Amity Rd Meeti qgNotes Castle Creek Sub H-2017-0150 PAGE 1 STAFF REPORT MEETING DATE: January 23, 2018 (Continued from: December 19, 2017) TO: Mayor and City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Castle Creek Subdivision – H-2017-0150 I. APPLICATION SUMMARY The applicant, Northwest Ventures, LLC, has applied for final plat (FP) approval of 19 single-family residential building lots and 5 common lots on 6.58 acres of land in an R-8 zoning district for Castle Creek Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Castle Creek Subdivision final plat based on the analysis provided below in Section V. III. PROPOSED MOTION Approval I move to approve File Number H-2017-0150 as presented in the staff report for the hearing date of January 23, 2018, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2017-0150, as presented during the hearing on January 23, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0150 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located at 2432 E. Amity Road, in the southeast ¼ of Section 29, T. 3N., R. 1E. B. Applicant: Northwest Ventures, LLC 1980 S. Meridian Rd., Ste. 140 Meridian, ID 83642 C. Owner(s): Same as applicant Meridian City Council Meeting Agenda January 23, 2018 – Page 18 of 363 Castle Creek Sub H-2017-0150 PAGE 2 D. Representative: Kent Brown, Kent Brown Planning Services 3161 E. Springwood Dr. Meridian, ID 83642 V. STAFF ANALYSIS The proposed final plat depicts 19 building lots and 5 common area lots on 6.58 acres of land in the R-8 zoning district. All of the lots proposed in this subdivision are for single-family detached homes and comply with the dimensional standards of the R-8 zoning district listed in UDC Table 11-2A-6. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. The number of buildable lots and common area is the same as shown on the preliminary plat; therefore, staff finds the proposed final plat in substantial compliance with the approved preliminary plat. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation (AZ-14-009), Development Agreement (Inst. #2014-091176), preliminary plat (PP-14-009) and time extension (A-2016-0211). 2. The applicant shall obtain the City Engineer’s signature on the final plat by August 12, 2018; or, apply for a time extension in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The existing structure(s) on the site shall be removed prior to signature on the final plat by the City Engineer. 5. The final plat prepared by Idaho Survey Group, LLC, stamped by Gregory G. Carter on 11/14/2017, shall be revised prior to signature on the final plat by the City Engineer as follows: a. Note #6: “Lot 5, Block 1 shall be subject to a blanket operation and maintenance easement in favor of the Nampa-Meridian Irrigation District.” Note appears to be incorrect. b. Note #9: Include the recorded instrument number for the ACHD temporary easement. Also, graphically depict the location of the easement on the face of the plat. c. Note #11: Include more details about the referenced easement (i.e. Ten Mile Drain easement). d. Note #12: Include the recorded instrument number of the City of Meridian multi-use pathway easement, and graphically depict its location on the plat. 6. The landscape plan prepared by South Landscape Architecture, stamp dated 11/13/2017, shall be revised prior to signature on the final plat by the City Engineer as follows: a. Include a concrete pad at the end of the common driveway on Lot 6, Block 1 no more than 5 feet behind the sidewalk that is of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. Please contact Bob Olson at Republic Services (345-1265) for additional information. b. Depict a 10-foot wide multi-use pathway connection between the sidewalk along E. Amity Road and the pathway on the northeast side of the Ten Mile Drain at the southeast corner of the site. c. If a 10-foot wide sidewalk is proposed along E. Amity Road as depicted on the plat, widen the sidewalk depicted on the plan accordingly. Meridian City Council Meeting Agenda January 23, 2018 – Page 19 of 363 Castle Creek Sub H-2017-0150 PAGE 3 7. The Stormwater drainage swale proposed on Lot 12, Block 2 shall be constructed in accord with the standards listed in UDC 11-3B-11C. 8. All fencing installed on the site must comply with the fencing plan depicted on the landscape plan, the conditions in this report, and with the standards listed in UDC 11-3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits for this subdivision. 9. Construction of the common driveway proposed on the site on Lot 6, Block 1 shall comply with the standards listed in UDC 11-6C-3D. A perpetual ingress/egress easement shall be filed with the Ada County recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment in accord with UDC 11-6C-3D.7. 10. The driveways for Lots 4 and 9, Block 1 shall be located on the opposite side of the shared property line away from the common driveway on Lot 6, Block 1 in accord with UDC 11-6C- 3D.5 as depicted in Exhibit E. 11. Prior to signature on the final plat by the City Engineer, the applicant shall submit a recorded copy of the license agreement with Nampa Meridian Irrigation District (NMID) for the lots (Lots 2-12, Block 2) that encroach within the Ten Mile Drain easement. 12. A public pedestrian easement for the segment of the multi-use pathway that crosses this site shall be submitted to the Planning Division prior to signature on the final plat by the City Engineer for approval by City Council and recordation. 13. A street light plan will need to be included with the Land Development Plan Submittal. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 14. Development of homes within this subdivision shall be generally consistent with the conceptual building elevations included in the development agreement (Inst. #2014-091176). 15. Construction of the temporary emergency turnaround on Lot 11, Block 1 shall comply with Fire Department standards. 16. The rear and/or side of structures on Lots 2, 5 and 7, Block 1 and Lot 2, Block 2 that face E. Amity Rd., shall incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. 17. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 18. Applicant shall provide a domestic water flush line to Tenmile Creek off of the mainline installed in the E. Amity Road frontage. Coordinate location and design with the Public Works Engineering Division. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate Meridian City Council Meeting Agenda January 23, 2018 – Page 20 of 363 Castle Creek Sub H-2017-0150 PAGE 4 materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. Meridian City Council Meeting Agenda January 23, 2018 – Page 21 of 363 Castle Creek Sub H-2017-0150 PAGE 5 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC Meridian City Council Meeting Agenda January 23, 2018 – Page 22 of 363 Castle Creek Sub H-2017-0150 PAGE 6 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. VIII. EXHIIBITS A. Vicinity Map B. Approved Preliminary Plat (dated: 4/30/14) C. Proposed Final Plat (dated: 11/14/17) D. Proposed Landscape Plan (dated: 9/6/17) E. Common Driveway Exhibit (dated: 11/13/2017) Meridian City Council Meeting Agenda January 23, 2018 – Page 23 of 363 Castle Creek Sub H-2017-0150 PAGE 7 Exhibit A – Vicinity Map Meridian City Council Meeting Agenda January 23, 2018 – Page 24 of 363 Castle Creek Sub H-2017-0150 PAGE 8 Exhibit B – Approved Preliminary Plat (dated: 4/30/14) Meridian City Council Meeting Agenda January 23, 2018 – Page 25 of 363 Castle Creek Sub H-2017-0150 PAGE 9 Exhibit C – Proposed Final Plat (dated: 11/14/17) Meridian City Council Meeting Agenda January 23, 2018 – Page 26 of 363 Castle Creek Sub H-2017-0150 PAGE 10 Exhibit D –Proposed Landscape Plan (dated: 9/6/17) Meridian City Council Meeting Agenda January 23, 2018 – Page 27 of 363 Castle Creek Sub H-2017-0150 PAGE 11 Meridian City Council Meeting Agenda January 23, 2018 – Page 28 of 363 Castle Creek Sub H-2017-0150 PAGE 12 Exhibit E: Common Driveway Exhibit (dated: 11/13/2017) Driveway Location Driveway Location Meridian City Council Meeting Agenda January 23, 2018 – Page 29 of 363 City Council Meeting Meeting Date: January 23, 2018 Agenda Item Number: E ......... ---............ ....----...... .............. ---...... __.... -................. - ..... ---..........._....-........._.... - Project/File Number: H-2017-0161 Item Title: Final Plat for Pond Subdivision by Schultz Development located at 2980 N. Meridian Road Meetina Notes W, Pond Subdivision (H-2017-0115) PAGE 1 STAFF REPORT MEETING DATE: January 23, 2018 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Pond Subdivision (H-2017-0115) I. APPLICATION SUMMARY The applicant, Schultz Development, has applied for final plat (FP) approval of twenty (20) single- family residential building lots and six (6) common lots on approximately 4.82 acres of land in the R- 8 zoning district. NOTE: The applicant has submitted a variance application to keep the existing detached accessory structure in the street yard. This application is scheduled for the same hearing as the final plat. II. STAFF RECOMMENDATION Staff recommends approval of the Pond Subdivision final plat application subject to the conditions noted in Sections VI and VII below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number H-2017-0115 as presented in the staff report for the hearing date of January 23, 2018, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2017-0115, as presented during the hearing on January 23, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0115 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 2980 N. Meridian Road, in the NW ¼ of Section 6, Township 3 North, Range 1 East. (Parcel #: S1106222656) B. Owner(s): Thair Pond 2980 N. Meridian Road Meridian, Idaho 83642 Meridian City Council Meeting Agenda January 23, 2018 – Page 32 of 363 Pond Subdivision (H-2017-0115) PAGE 2 C. Applicant/Representative: Matt Schultz, Schultz Development P. O. Box 1115 Meridian, Idaho 83680 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. STAFF ANALYSIS The proposed final plat depicts twenty (20) single-family residential building lots and six (6) common lots on 4.82 acres of land, zoned R-8. The gross density of the proposed subdivision is 4.14 dwelling units (d.u.) per acre with a net density of 6.29 d.u. per acre. The minimum property size is 4,177 square feet with an average property size of 6,919 square feet (s.f.). All of the lots proposed for this phase of development are for single-family detached homes and comply with the dimensional standards of the R-8 zoning district. Staff has reviewed the proposed plat and found it in compliance with the aforementioned dimensional standards. Open space and amenities are not a requirement for this plat because the plat is under 5 acres in size. The applicant has however provided 0.24 of an acre of open space for the development which includes the landscape buffer along N. Meridian Road and several common lots. The open space proposed with this phase is consistent with the overall project open space approved with the preliminary plat. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat. Because the number of buildable lots has been reduced from the approved preliminary plat, staff deems the final plat to be in substantial compliance with the approved preliminary plat as required by UDC11-6B-3C.2. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation (AZ-12-014), and preliminary plat (H- 2017-0115 and development agreement (Inst. No. 113019366). 2. The applicant has until November 8, 2019 to obtain City Engineer’s signature on the final plat or apply for a time extension in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. Per UDC 11-2A-6, residential lots within the R-8 zoning district shall have 40 feet of frontage. The applicant shall revise Lots 3, 4, and 5 of Block 2 and Lot 5 Block 1 to meet that standard. 5. Prior to signature on the final plat, the applicant must provide an exhibit that depicts the building envelope, setbacks and orientation of the lots and structures taking access from the common drives. A perpetual ingress/egress easement shall be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. 6. The final plat prepared by Idaho Survey Group, dated December 7, 2017 by Gregory G. Carter shall be revised as follows: Include the instrument # for note #6 referencing the NMID blanket operation and maintenance agreement. Remove the reference for Lot 12, Block 1 from note #3; include Lot 7, Block 1. Remove Lot 7, Block 1 from note #9. Meridian City Council Meeting Agenda January 23, 2018 – Page 33 of 363 Pond Subdivision (H-2017-0115) PAGE 3 Note #1: Replace Lot 2 and Lot 12, Block 1 as a called out common lot in note #1 and replace with Lot 2 and Lot 7, Block 1. Add the following note: Maintenance of any irrigation and/or drainage pipes or ditches crossing a lot is the responsibility of the lot owner unless such responsibility is assumed by an irrigation/drainage entity or lot owners association. Add a note granting an access easement across Lot 2, Block 1 in favor of parcel number S1106222635 and provide the instrument number. 7. The landscape plan prepared by Breckon Land Design, dated 12/8/2017 is approved as shown. 6. Lots 8 through 12 of Block 1 shall take access from a common driveway (Lot 6, Block 2). For all common driveways, a perpetual ingress/egress easement is required to be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment as set forth in UDC 11-6C-3D.8. 7. All fencing shall be installed in accordance with UDC 11-3A-7. Per UDC 11-3A-7A7a, the applicant is responsible for fencing along common lots to distinguish the common areas from the private areas. Include the wrought iron fence detail on sheet 1.5. 8. Future homes/structures constructed in this subdivision shall substantially comply with the sample elevations approved with the preliminary plat. Because homes on lots that back-up to public streets such as N. Black Cat Road (Lots 2-4, Block 2) will be highly visible; the side of any structure that faces the public street on these lots shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. Single story homes are exempt from this requirement. 9. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 10. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. 11. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 12. Street lights are required to be on a stand-alone drawing pursuant to section 6-7 of the City of Meridian 2016 Design Standards. Street lights are required on the portion of Black Cat that will be constructed with this development. These street lights shall be metered and can be either Type 1 or Type 2 street lights in accordance with drawing 6C of the Meridian Design Standards. 13. The adequacy of available fire flow will be verified prior to the issuance of a building permit in this development. Home builders will be subject to minimum fire flow requirements as determined by the Meridian Fire Department. 14. The applicant shall remove the detached accessory building on the property unless the variance is approved by Council. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer Meridian City Council Meeting Agenda January 23, 2018 – Page 34 of 363 Pond Subdivision (H-2017-0115) PAGE 4 mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. Meridian City Council Meeting Agenda January 23, 2018 – Page 35 of 363 Pond Subdivision (H-2017-0115) PAGE 5 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at 208)888-5242 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC Meridian City Council Meeting Agenda January 23, 2018 – Page 36 of 363 Pond Subdivision (H-2017-0115) PAGE 6 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. VIII. EXHIBITS A. Vicinity Map B. Approved Preliminary Plat C. Proposed Final Plat D. Proposed Landscape Plan Meridian City Council Meeting Agenda January 23, 2018 – Page 37 of 363 Pond Subdivision (H-2017-0115) PAGE 7 Exhibit A – Vicinity Map Meridian City Council Meeting Agenda January 23, 2018 – Page 38 of 363 Pond Subdivision (H-2017-0115) PAGE 8 Exhibit B – Approved Preliminary Plat Meridian City Council Meeting Agenda January 23, 2018 – Page 39 of 363 Pond Subdivision (H-2017-0115) PAGE 9 Exhibit C – Proposed Final Plat Meridian City Council Meeting Agenda January 23, 2018 – Page 40 of 363 Pond Subdivision (H-2017-0115) PAGE 10 Exhibit D –Proposed Landscape Plan Meridian City Council Meeting Agenda January 23, 2018 – Page 41 of 363 City Council Meeting Meeting Date: January 23, 2018 Agenda Item Number: ---.._......... _........ ... _._................ --.._-...... _..... _....... _..__._...... ..__...... -- ...- ._.........__.._.. Project/File Number: H-2017-0162 Item Title: Final Plat for Tree Farm Subdivision No. 3 by M3 Companies, LLC located north of Chinden Blvd, south of the Phyllis Canal and approximately 1/2 mile east of N. Black Cat Road Meeting Notes &I Tree Farm Subdivision No. 3 (H-2017-0162) PAGE 1 STAFF REPORT MEETING DATE: January 16, 2018 (Continued to January 23, 2018) TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Tree Farm Subdivision No. 3 (H-2017-0162) I. APPLICATION SUMMARY The applicant, M3 Companies, LLC, has applied for final plat (FP) approval of sixty five (65) single- family residential building lots and six (6) common lots on approximately 26.06 acres of land in the R-4 and R-8 zoning districts. This is the third and final phase of the Tree Farm Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Tree Farm Subdivision No. 3 final plat application subject to the conditions noted in Sections VI and VII below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number H-2017-0162 as presented in the staff report for the hearing date of January 16, 2018, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2017-0162, as presented during the hearing on January 16, 2018, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2017-0162 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 4740 W. Chinden Blvd., in the SW ¼ of Section 22, Township 4N., Range 1W. B. Owners: Ball Real Estate, BFT KGLG Cherry Lane, LLC & Fairmont Tempe, LLC 4222 E. Camelback Road, Suite H100 Phoenix, AZ 85018 C. Applicant: M3 Companies, LLC, (Mark Tate) 1087 W. River Street, Suite 310 Meridian City Council Meeting Agenda January 23, 2018 – Page 43 of 363 Tree Farm Subdivision No. 3 (H-2017-0162) PAGE 2 Boise, ID 83702 D. Agent: JUB Engineers (Kristi Watkins) 250 S. Beechwood Ave. Suite 201 Boise, ID 83709 V. STAFF ANALYSIS The proposed final plat depicts sixty five (65) single-family residential building lots and six (6) common lots on 26.06 acres of land, zoned R-8. The gross density of the proposed subdivision is 2.49 dwelling units (d.u.) per acre with a net density of 3.18 d.u. per acre. The minimum property size is 5,999 square feet with an average property size of 13,703 square feet (s.f.). All of the lots proposed for this phase of development are for single-family detached homes and comply with the dimensional standards of the R-4 and R-8 zoning district. Staff has reviewed the proposed plat and found it in compliance with the aforementioned dimensional standards. Open space proposed for this phase consists of several passive open space lots, collector street buffers and parkways. The open space proposed with this phase is consistent with the overall project open space approved with the preliminary plat. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat. Because the number of buildable lotshas been reduced from the approved preliminary plat, staff deems the final plat to be in substantial compliance with the approved preliminary plat as required by UDC11-6B-3C.2. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved annexation (AZ-06-004 and AZ-06-050), rezone and preliminary plat (H-2016-0128 and development agreement H-2016-0128 (Inst. No. 2017- 035132). 2. The applicant has until February 22, 2019 to obtain City Engineer’s signature on the final plat or apply for a time extension in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by JUB Engineers, dated January 16, 2018 by Michael S. Byrns shall be revised as follows:  Include the instrument # for note #10 referencing the ACHD license agreement instrument number.  Include the instrument # for easement note #5 referencing the ACHD storm drain easement instrument number.  Include the instrument # for easement note #4 referencing the ACHD right-of-way easement instrument number.  Include the instrument # for easement note #6 referencing the ACHD temporary turn around easement instrument number.  Note #1: Replace Lot 1, Block 10 as a called out common lot in note #1 and replace with Lot 8, Block 10. Meridian City Council Meeting Agenda January 23, 2018 – Page 44 of 363 Tree Farm Subdivision No. 3 (H-2017-0162) PAGE 3  Add the following note: Maintenance of any irrigation and/or drainage pipes or ditches crossing a lot is the responsibility of the lot owner unless such responsibility is assumed by an irrigation/drainage entity or lot owners association. 5. The landscape plan prepared by Greey, Pickett Landscape Architecture, dated 12/12/2017 shall be revised as follows: a) Prior to signature on the final plat, the applicant shall provide a detailed fencing plan. b) The final plat currently indicates an easement along the Phyllis Canal along Lots 35-45 of Block 2. This easement shall be placed in a common lot to ensure more consistent maintenance of the landscaping. c) The applicant shall install a 5 foot detached sidewalk along their entire frontage of N. Black Cat Road. d) Prior to signature on the final plat, the applicant shall indicate how they intend to landscape Lot 2 Block 8 west of Lots 45 and 46, Block 2. 6. Lots 29 and 30 of Block 2 shall take access from a common driveway (Lot 28, Block 2). For all common driveways, a perpetual ingress/egress easement is required to be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment as set forth in UDC 11-6C-3D.8. 7. All fencing shall be installed in accordance with UDC 11-3A-7. Per UDC 11-3A-7A7a, the applicant is responsible for fencing micropaths and pathway lots to distinguish the common areas from the private areas. 8. Future homes/structures constructed in this subdivision shall substantially comply with the sample elevations approved with the preliminary plat. Because homes on lots that back-up to public streets such as N. Black Cat Road (Lots 2-11, Block 9, and Lots 45-45, Block 2) will be highly visible; the side of any structure that faces the public street on these lots shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. Single story homes are exempt from this requirement. 9. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 10. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. 11. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 12. Street lights are required to be on a stand-alone drawing pursuant to section 6-7 of the City of Meridian 2016 Design Standards. Street lights are required on the portion of Black Cat that will be constructed with this development. These street lights shall be metered and can be either Type 1 or Type 2 street lights in accordance with drawing 6C of the Meridian Design Standards. 13. The adequacy of available fire flow will be verified prior to the issuance of a building permit in this development. Home builders will be subject to minimum fire flow requirements as determined by the Meridian Fire Department. Meridian City Council Meeting Agenda January 23, 2018 – Page 45 of 363 Tree Farm Subdivision No. 3 (H-2017-0162) PAGE 4 VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. Meridian City Council Meeting Agenda January 23, 2018 – Page 46 of 363 Tree Farm Subdivision No. 3 (H-2017-0162) PAGE 5 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, Meridian City Council Meeting Agenda January 23, 2018 – Page 47 of 363 Tree Farm Subdivision No. 3 (H-2017-0162) PAGE 6 the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. VIII. EXHIBITS A. Vicinity Map B. Approved Preliminary Plat C. Proposed Final Plat D. Proposed Landscape Plan Meridian City Council Meeting Agenda January 23, 2018 – Page 48 of 363 Tree Farm Subdivision No. 3 (H-2017-0162) PAGE 7 Exhibit A – Vicinity Map Meridian City Council Meeting Agenda January 23, 2018 – Page 49 of 363 Tree Farm Subdivision No. 3 (H-2017-0162) PAGE 8 Exhibit B – Approved Preliminary Plat Meridian City Council Meeting Agenda January 23, 2018 – Page 50 of 363 Tree Farm Subdivision No. 3 (H-2017-0162) PAGE 9 Exhibit C – Proposed Final Plat Meridian City Council Meeting Agenda January 23, 2018 – Page 51 of 363 Tree Farm Subdivision No. 3 (H-2017-0162) PAGE 10 Exhibit D –Proposed Landscape Plan Meridian City Council Meeting Agenda January 23, 2018 – Page 52 of 363 City Council Meeting Meeting Date: January 23, 2018 Agenda Item Number: Project/File Number: Item Title: Acceptance Agreements for Display of Artwork in Initial Point Gallery 1. Sarah Kohler, February 2018 2. Laura Yager, February 2018 3. Mandy Riley, February 2018 4. Donald Belts (OldWaterBoys), March 2018 5. Larry Boyd (OldWaterBoys), March 2018 6. Tom Cunningham (OldWaterBoys), March 2018 7. Roy Grover (OldWaterBoys), March 2018 8. Theodore Smith (OldWaterBoys), March 2018 9. Dwight Williams (OldWaterBoys), March 2018 10. Bert Hiner, April 2018 11. Angela Stout, May 2018 12. Dan and Sharona Schoger, July 2018 13. Holly Badke, September 20198 14. Jessica Tookey, November 2018 Meeting Notes 0 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 1 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL (“Agreement”) is made on the ____ day of ___________, 201__ (“Effective Date”), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (“City”), and Sarah Kohler, an individual person (“Artist”). (City and Artist may hereinafter be collectively referred to as “Parties.”) WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho (“Initial Point Gallery”); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B (“Proposal”), for the display of artwork in Initial Point Gallery; WHEREAS, the Meridian Arts Commission (“Commission”) reviewed the responses to the Call to Artists, selected Artist’s work for display based on the Proposal, and recommended to the Meridian City Council that Artist’s artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, the Meridian City Council has accepted such recommendation and directed the Commission to work with Artist to establish a display of Artist’s artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on Friday, February 2, 2018, at such time as is specified by the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on Friday, February 2, 2018, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from Friday, February 2, 2018 through Thursday, March 1, 2018, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on Friday, March 2, 2018, at such time as is specified by the Gallery Curator. 18 January 18 Meridian City Council Meeting Agenda January 23, 2018 – Page 55 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 2 II. COMPENSATION AND SALE OF ARTWORK . A. No compensation. Artist shall display Artist’s artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist’s work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission’s request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE . Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION . A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator between Friday, December 1, 2017 and Monday, January 1, 2018 to confirm details regarding the installation, removal, publicity, and promotion of the exhibit . Artist’s failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A , and the Application and Acknowledgements Form attached hereto in Exhibit B , as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B , or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require Meridian City Council Meeting Agenda January 23, 2018 – Page 56 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 3 the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY . A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City’s authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist’s name. Artist hereby conveys to City permission to use Artist’s name for purposes of advertising, marketing, and public information, without violation of Artist’s rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist’s logo, if any, for any purpose without the express, written permission of Artist. D. Use of City’s name. City hereby conveys to Artist permission to use City’s name for purposes of advertising, marketing, and public information, without violation of City’s rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City’s logo for any purpose without the express, written permission of the Mayor’s Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist’s artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist’s artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City’s sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. Meridian City Council Meeting Agenda January 23, 2018 – Page 57 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 4 VI. INDEMNIFICATION , WAIVER , AND INSURANCE . A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist’s servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist’s performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist’s responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists’ rights or obligations described herein. Insurance of the artwork; of the Artist’s person, property, or interests; and/or of the Artist’s employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist’s insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker’s compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION . A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. Meridian City Council Meeting Agenda January 23, 2018 – Page 58 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 5 D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS . A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination . In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law . The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies . All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist’s obligations under this Agreement that require or that may require Artist’s artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist’s artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. Meridian City Council Meeting Agenda January 23, 2018 – Page 59 of 363 I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Artist: City: Sarah Kohler Hillary Bodnar 4135 W. Wolf Rapids Initial Point Gallery Curator Meridian, ID 83646 33 E. Broadway Ave. Meridian ID 83642 Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date written above. ARTIST: Sarah Kohler CITY OF MERIDIAN: BY: Tammy de W d, Mayor Attest: O�QORp?ED qUG�� V i 2 � �71V of � w E IDIAN*. SEAL TRE C.day Coles, ity Clerk ACCEPTANCE AGREEMENT — INITIAL POINT GALLERY DISPLAY PAGE 6 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 7 EXHIBIT A CALL TO ARTISTS Meridian City Council Meeting Agenda January 23, 2018 – Page 61 of 363 Call for Artists: 2018 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2018 Initial Point Gallery Series, a series of one to two-month exhibitions in Initial Point Gallery. MAC aims to have multiple artists in the space each month. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 100 feet of total wall space for hanging two-dimensional artwork, which is broken into fourths, and four enclosed display cases for three-dimensional artwork. Approximately 20 pieces fill half of the gallery space. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: All artists in the region are welcome to apply, but artists must meet installation and removal time restrictions. Two- dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art. Selectees must fill all or half of the gallery. Three-dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery’s equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply annually and if selected again, 75% of the display must be artwork that has not been previously displayed i n Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists’ work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2017 Initial Point Gallery Series must provide the following materials and information to MAC via email in order to be considered for selection.  Completed, signed Application & Acknowledgements form;  250-word informational paragraph about the artist or organization;  Three (3) - Six (6) digital images representational of the works proposed for display; and  $35 gallery maintenance fee, upon acceptance. Details and forms are available at the City’s website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 6, 2017. SELECTION PROCESS: The selection of art for the 2018 Initial Point Gallery Series will be made by MAC. MAC may group more than one artist in each exhibit to make a cohesive show. MAC will notify selectees by email. In evaluating eligible proposals, the following factors will be considered:  Adherence to the Call to Artists;  Quality of work;  Appropriateness of subject and concept for a functioning government workplace;  Consistency with City policy and community values; and  Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources:  Limited volunteers to assist artist/organization with installing and removing each piece of artwork;  Track system for hanging 2D art and four enclosed pedestals for 3D art;  Space for artist information; and  Limited publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission 33 East Broadway Avenue Meridian ID 83642 By e-mail: mac@meridiancity.org Meridian City Council Meeting Agenda January 23, 2018 – Page 62 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 9 EXHIBIT B ARTIST ’S PROPOSAL Meridian City Council Meeting Agenda January 23, 2018 – Page 63 of 363 To whom it may concern; Please find attached my application, essay and photos of my art work. A lesson in fluidity For the most part, I am a controlling type person. I like order and synchrony. Everything has its place. My art allows me the luxury of taking a break from that thinking. I can choose the size of canvas, the colors of the paint, etc., and control the process to a certain point. However, with fluid acrylic painting it gets messy and how it ultimately ends up is out of my control. One thing you will notice about my paintings is that I do not cover or clean the backs of them. Creating is messy and can be a struggle. The backs of my paintings show the struggle. Its part of the process, part of the history and part of the painting. It’s a good reflection of real life. We control the things we can but the universe will decide the end. Sometimes it end well and sometimes it does not, and many times there are happy accidents. :) My medium is fluid acrylic painting on canvas using various techniques; pouring, swiping, and dragging to name a few. I use a variety of canvas sizes with price points starting at $35 up to $300. I keep my price points lower so my art is affordable to a broader audience. If selected I would use all my social media (Facebook, Twitter, LinkedIn, Instagram), my website; SarahKohlerArt.com, and postcards to my database of 200+ clients from my real estate business to advertise my exhibition. My paintings are standard size canvas so no hanging or display issues. Thank you for you consideration, Sarah Kohler SarahKohlerArt@gmail.com SarahKohlerArt.com 208.484.8943 Meridian City Council Meeting Agenda January 23, 2018 – Page 64 of 363 Application & Acknowledgments: 2018 INITIAL POINT GALLERY SERIES APPLICANT CONTACT INFORMATION Check one: … I am submitting this application as an individual. …I am submitting this application for this organization: …I am submitting this application for an informal group (individual Acknowledgement forms must be submitted for each artist): Applicant: Applicant E-mail: Mailing Address: Physical Address: Applicant Phone: Day: Evening: Cell: APPLICATION OVERVIEW: Check all that apply: … I/we propose to fill one quarter of Initial Point Gallery with two -dimensional artwork. …I/we propose to fill one half of Initial Point Gallery with two-dimensional artwork. …I/we propose to fill the entire Initial Point Gallery with two-dimensional artwork. …I/we propose to fill …1 …2 …3 …4 of the display cases with 3D artwork Number of 2D pieces: Average size of 2D pieces: Number of 3D pieces: Average size of 3D pieces: Proposed title or theme of show: APPLICATION MATERIALS: All materials must be received via email to mac@meridiancity.org …Completed, signed Application & Acknowledgements Form. (Informal groups: each artist must sign separate form.) …250-word informational paragraph about the artist or organization , including: a.Artist/Organization/Group’s vision for and/or theme of the proposed display; b.Number, dimensions, prices, and medium or media utilized in the works to be displayed; c.Any publicity that the Artist/Organization/Group plans to undertake if selected; and/or d.Any atypical issues or challenges regarding hanging or display of the works proposed for display. …Up to six digital images of work representational of the artist’s/organization/group’s work in .jpg or .png format. DISPLAY INFORMATION: Initial Point Gallery is equipped with a track system for hanging two-dimensional artwork. Two-dimensional artwork will be hung from cables, using hooks, and therefore must be equipped with two D rings (fig. 1) on the side rails on the back of the frame (fig. 2). The inside of each D ring must allow a space of at least one-quarter inch (¼”) for insertion of the hooks; any wire constricting this space must be removed. The D rings should be approximately a quarter of the distance of the total frame height from the top of the frame (or less) in order to avoid slanting away from the wall. Wires, eyehooks, and clip frames may not be used for hanging. Initial Point Gallery also provides four display cases, each with different dimensions (fig. 3), for displaying three-dimensional artwork. FIG. 1. D RING FIG. 2. BACK OF FRAME FIG. 3. 3D ART DISPLAY CASES X Sarah Kohler SarahKohlerArt.com 4135 W Wolf Rapids Meridian ID 83646 208.484.8943    However many you need 24x36 Life is messy & so is my art X X X Meridian City Council Meeting Agenda January 23, 2018 – Page 65 of 363 ACKNOWLEDGMENTS: I, _____________________________, hereby acknowledge the following stipulations and agree that if this proposal is selected for display at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: INITIAL A.Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. INITIAL B.If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. INITIAL C.Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. INITIAL D.While artwork displayed in Initial Point Gallery may be passively offered for sale by means of an informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. INITIAL E.While it is intended that each exhibit in Initial Point Gallery will be displayed for a one- to three- month period, this period by be shortened by the City of Meridian for any reason, without notice to the artist or organization. INITIAL F.The City may display the work of more than one artist or organization in Initial Point Gallery at any time, at the City’s sole discretion. INITIAL G.Artwork submitted for display in Initial Point Gallery must be original works conceived and created by the artist (or by artist members of the organization) submitting this application. INITIAL H.An opening night reception can be scheduled by MAC; though a table and minimal staff/volunteer support will be provided, I understand that I am the host and as such will be primarily responsible for any and all reception invitations, publicity, refreshments, music, set up, tear-down, and clean-up. INITIAL I.Meridian City Hall is primarily a place of public business and Initial Point Gallery i s a public place. The City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. Signature: _________________________________ Print name: _____________________________ *Parent Signature - If Applicant is Under 18: ______________________________________________ Date: _________________________________ To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials, via email to: mac@meridiancity.org Thank you for your interest! Sarah Kohler Sarah Kohler Oct. 1, 2017 Meridian City Council Meeting Agenda January 23, 2018 – Page 66 of 363 Sa r a h K o h l e r Me r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 2 3 , 2 0 1 8 – P a g e 6 7 o f 3 6 3 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY P AGE 1 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL (“Agreement”) is made on the ____ day of ___________, 201__ (“Effective Date”), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (“City”), and Laura Yager, an individual person (“Artist”). (City and Artist may hereinafter be collectively referred to as “Parties.”) WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho (“Initial Point Gallery”); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B (“Proposal”), for the display of artwork in Initial Point Gallery; WHEREAS, the Meridian Arts Commission (“Commission”) reviewed the responses to the Call to Artists, selected Artist’s work for display based on the Proposal, and recommended to the Meridian City Council that Artist’s artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, the Meridian City Council has accepted such recommendation and directed the Commission to work with Artist to establish a display of Artist’s artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on Friday, February 2, 2018, at such time as is specified by the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on Friday, February 2, 2018, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from Friday, February 2, 2018 through Thursday, March 1, 2018, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on Friday, March 2, 2018, at such time as is specified by the Gallery Curator. 5th8 January Meridian City Council Meeting Agenda January 23, 2018 – Page 68 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY P AGE 2 II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist’s artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist’s work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission’s request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator between Friday, December 1, 2017 and Monday, January 1, 2018 to confirm details regarding the installation, removal, publicity, and promotion of the exhibit. Artist’s failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require Meridian City Council Meeting Agenda January 23, 2018 – Page 69 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY P AGE 3 the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City’s authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist’s name. Artist hereby conveys to City permission to use Artist’s name for purposes of advertising, marketing, and public information, without violation of Artist’s rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist’s logo, if any, for any purpose without the express, written permission of Artist. D. Use of City’s name. City hereby conveys to Artist permission to use City’s name for purposes of advertising, marketing, and public information, without violation of City’s rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City’s logo for any purpose without the express, written permission of the Mayor’s Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist’s artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist’s artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City’s sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. Meridian City Council Meeting Agenda January 23, 2018 – Page 70 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY P AGE 4 VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist’s servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist’s performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist’s responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists’ rights or obligations described herein. Insurance of the artwork; of the Artist’s person, property, or interests; and/or of the Artist’s employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist’s insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker’s compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. Meridian City Council Meeting Agenda January 23, 2018 – Page 71 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY P AGE 5 D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist’s obligations under this Agreement that require or that may require Artist’s artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist’s artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. Meridian City Council Meeting Agenda January 23, 2018 – Page 72 of 363 I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Artist: City Laura Yager Hillary Bodnar 8340 W. Limelight St. #303 Initial Point Gallery Curator Boise, ID 83714 33 E. Broadway Ave. Meridian ID 83642 Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date written above. ARTIST: Laura Yager CITY OF MERIDIAN: BY: Tammy de Vvi erd, Mayor 1r?00TED AUc�S �o s c. w ( tel E IDIAN�-- -4 IDAHO \� SEAL Attest: , C.6ay Coles,i y Clerk ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 6 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY P AGE 7 EXHIBIT A CALL TO ARTISTS Meridian City Council Meeting Agenda January 23, 2018 – Page 74 of 363 Call for Artists: 2018 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2018 Initial Point Gallery Series, a series of one to two-month exhibitions in Initial Point Gallery. MAC aims to have multiple artists in the space each month. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 100 feet of total wall space for hanging two-dimensional artwork, which is broken into fourths, and four enclosed display cases for three-dimensional artwork. Approximately 20 pieces fill half of the gallery space. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: All artists in the region are welcome to apply, but artists must meet installation and removal time restrictions. Two- dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art. Selectees must fill all or half of the gallery. Three-dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery’s equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply annually and if selected again, 75% of the display must be artwork that has not been previously displayed i n Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists’ work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2017 Initial Point Gallery Series must provide the following materials and information to MAC via email in order to be considered for selection. x Completed, signed Application & Acknowledgements form; x 250-word informational paragraph about the artist or organization; x Three (3) - Six (6) digital images representational of the works proposed for display; and x $35 gallery maintenance fee, upon acceptance. Details and forms are available at the City’s website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 6, 2017. SELECTION PROCESS: The selection of art for the 2018 Initial Point Gallery Series will be made by MAC. MAC may group more than one artist in each exhibit to make a cohesive show. MAC will notify selectees by email. In evaluating eligible proposals, the following factors will be considered: x Adherence to the Call to Artists; x Quality of work; x Appropriateness of subject and concept for a functioning government workplace; x Consistency with City policy and community values; and x Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: x Limited volunteers to assist artist/organization with installing and removing each piece of artwork; x Track system for hanging 2D art and four enclosed pedestals for 3D art; x Space for artist information; and x Limited publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission 33 East Broadway Avenue Meridian ID 83642 By e-mail: mac@meridiancity.org Meridian City Council Meeting Agenda January 23, 2018 – Page 75 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY P AGE 9 EXHIBIT B ARTIST’S PROPOSAL Meridian City Council Meeting Agenda January 23, 2018 – Page 76 of 363 Hello, my name is Laura Yager. I am an animal collage artist who takes immense pleasure in calling the Treasure Valley area “home”. I am incredibly fortunate to spend most days here creating large-scale collages comprised entirely of small pieces of cut paper. No other medium is used. My collages are known to be extremely colorful and “happy". A lifelong love of animals provides me with the endless heart inspiration needed for these artworks. In a world that sometimes seems weighed down with loneliness and rejection, I am drawn to creating joyful portraits of love, compassion & acceptance. I do this focusing on the offer of unconditional love and healing friendship animals graciously extend to us or exemplify amongst themselves, even in the wild. And because of the awe-inspiring varieties and individual personalities of each one of these wondrous creatures, I've found bright and bold patterned paper to be my preferred medium to use in portraying these earth companions of ours. Placed side by side, these contrasting but conjoined, cut pieces of paper surprisingly form a most harmonious and pleasing scene of peaceful love. I am sincerely grateful that my happy animal collages continually travel the US to be enjoyed at juried exhibits, festivals, galleries and museums. They can regularly be seen at local animal charity fundraisers, too! I am truly humbled that these collages have been honored with international, national & regional awards as well as being published in several books and magazines. And I’m thrilled to share that my pet collage collection is now under contract with an art licensing company representing both the US and Canada. 6 Artwork Images (20 pieces total) Cut Paper Collage Portraits - Animals In Harmony Social Media Publicity, flyers No special hanging or display issues Meridian City Council Meeting Agenda January 23, 2018 – Page 77 of 363 Application & Acknowledgments: 2018 INITIAL POINT GALLERY SERIES APPLICANT CONTACT INFORMATION Check one: … I am submitting this application as an individual. … I am submitting this application for this organization: … I am submitting this application for an informal group (individual Acknowledgement forms must be submitted for each artist): Applicant: Applicant E-mail: Mailing Address: Physical Address: Applicant Phone: Day: Evening: Cell: APPLICATION OVERVIEW: Check all that apply: … I/we propose to fill one quarter of Initial Point Gallery with two -dimensional artwork. … I/we propose to fill one half of Initial Point Gallery with two-dimensional artwork. … I/we propose to fill the entire Initial Point Gallery with two-dimensional artwork. … I/we propose to fill …1 …2 …3 …4 of the display cases with 3D artwork Number of 2D pieces: Average size of 2D pieces: Number of 3D pieces: Average size of 3D pieces: Proposed title or theme of show: APPLICATION MATERIALS: All materials must be received via email to mac@meridiancity.org … Completed, signed Application & Acknowledgements Form. (Informal groups: each artist must sign separate form.) … 250-word informational paragraph about the artist or organization, including: a. Artist/Organization/Group’s vision for and/or theme of the proposed display; b. Number, dimensions, prices, and medium or media utilized in the works to be displayed; c. Any publicity that the Artist/Organization/Group plans to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed for display. … Up to six digital images of work representational of the artist’s/organization /group’s work in .jpg or .png format. DISPLAY INFORMATION: Initial Point Gallery is equipped with a track system for hanging two -dimensional artwork. Two-dimensional artwork will be hung from cables, using hooks, and therefore must be equipped with two D rings (fig. 1) on the side rails on the back of the frame (fig. 2). The inside of each D ring must allow a space of at least one-quarter inch (¼”) for insertion of the hooks; any wire constricting this space must be removed. The D rings should be approximately a quarter of the distance of the total frame height from the top of the frame (or less) in order to avoid slanting away from the wall. Wires, eyehooks, and clip frames may not be used for hanging. Initial Point Gallery also provides four display cases, each with different dimensions (fig. 3), for displaying three-dimensional artwork. FIG. 1. D RING FIG. 2. BACK OF FRAME FIG. 3. 3D ART DISPLAY CASES 8340 W. Limelight St. #303 Boise, ID 83714 20 (208) 912-5964 <same> 30”x30”x2” Laura Yager <same> paperpicturesbylaura@gmail.com <same> Meridian City Council Meeting Agenda January 23, 2018 – Page 78 of 363 ACKNOWLEDGMENTS: I, _____________________________, hereby acknowledge the following stipulations and agree that if this proposal is selected for display at Initial Point Gallery, such display shall occur subject to these general t erms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: INITIAL A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. INITIAL B. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. INITIAL C. Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. INITIAL D. While artwork displayed in Initial Point Gallery may be passively offered for sale by means of an informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. INITIAL E. While it is intended that each exhibit in Initial Point Gallery will be displayed for a one - to three- month period, this period by be shortened by the City of Meridian for any reason, without notice to the artist or organization. INITIAL F. The City may display the work of more than one artist or organization in Initial Point Gallery at any time, at the City’s sole discretion. INITIAL G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created by the artist (or by artist members of the organization) submitting this application. INITIAL H. An opening night reception can be scheduled by MAC ; though a table and minimal staff/volunteer support will be provided, I understand that I am the host and as such will be primarily responsible for any and all reception invitations, publicity, refreshments, music, set up, tear-down, and clean-up. INITIAL I. Meridian City Hall is primarily a place of public business and Initial Point Gallery i s a public place. The City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. Signature: _________________________________ Print name: _____________________________ * Parent Signature - If Applicant is Under 18: ______________________________________________ Date: _________________________________ To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials, via email to: mac@meridiancity.org Thank you for your interest! 10/9/17 Laura Yager Laura Yager Meridian City Council Meeting Agenda January 23, 2018 – Page 79 of 363 Laura Yager Meridian City Council Meeting Agenda January 23, 2018 – Page 80 of 363 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 2-'3_ day ofr1Ua , 201 (`-`Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Mandy Riley, an individual person ("Artist"). (City and. Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission has invited Artist to display artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows. I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on Friday, February 2, 2018, at such time as is specified by the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on Friday, February 2, 2018, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from Friday, February 2, 2018 through Thursday, March 1, 2018, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on Friday, March 2, 2018, at such time as is specified by the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate. in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE I ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 2 twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE . Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION . A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator between January 1, 2018 and January 26, 2018 to confirm details regarding the installation, removal, publicity, and promotion of the exhibit . Artist’s failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A , and the Application and Acknowledgements Form attached hereto in Exhibit B , as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in Exhibit B , or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY . A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City’s authority, Artist shall be Meridian City Council Meeting Agenda January 23, 2018 – Page 82 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 3 acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist’s name. Artist hereby conveys to City permission to use Artist’s name for purposes of advertising, marketing, and public information, without violation of Artist’s rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist’s logo, if any, for any purpose without the express, written permission of Artist. D. Use of City’s name. City hereby conveys to Artist permission to use City’s name for purposes of advertising, marketing, and public information, without violation of City’s rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City’s logo for any purpose without the express, written permission of the Mayor’s Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist’s artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist’s artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City’s sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION , WAIVER , AND INSURANCE . A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist’s servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist’s performance of this Agreement, whether such loss or damage may be attributable to Meridian City Council Meeting Agenda January 23, 2018 – Page 83 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 4 known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist’s responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists’ rights or obligations described herein. Insurance of the artwork; of the Artist’s person, property, or interests; and/or of the Artist’s employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist’s insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker’s compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION . A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS . A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and Meridian City Council Meeting Agenda January 23, 2018 – Page 84 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 5 any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination . In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law . The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies . All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist’s obligations under this Agreement that require or that may require Artist’s artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist’s artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Artist: City: Mandy Riley Hillary Bodnar 4619 Clearview Drive Initial Point Gallery Curator Boise ID 83703 33 E. Broadway Ave. Meridian ID 83642 Meridian City Council Meeting Agenda January 23, 2018 – Page 85 of 363 Either party may change its respective mailing address by giving written notice of such change in the manner herein provided, J. City Council approval requlre�l. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the, persons refercaced below prior to such ratification or approval small not be construed as proof of validity in the absence of Meridian City Council approval. IN W rITI .S WHEREOF, the panics hereto have executed this Agreement can the Effective Bate written above. ARTIST: Mandy Riley CITY OF MERIDIAN: <rleol ATEDgUG�sT s ' &WEC t Or w P D1AN*. 2 \ �AHo 7 SEAL, / ACCFFrAN1Ck AGRMOM t M — IMMAr_ POWT GALUAV V pts: "Y Attest Jay Cal ity Cleric PAoE 6 Scanned by CamScanner ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 7 EXHIBIT A CALL TO ARTISTS Meridian City Council Meeting Agenda January 23, 2018 – Page 87 of 363 Call for Artists: 2018 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2018 Initial Point Gallery Series, a series of one to two-month exhibitions in Initial Point Gallery. MAC aims to have multiple artists in the space each month. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 100 feet of total wall space for hanging two-dimensional artwork, which is broken into fourths, and four enclosed display cases for three-dimensional artwork. Approximately 20 pieces fill half of the gallery space. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: All artists in the region are welcome to apply, but artists must meet installation and removal time restrictions. Two- dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art. Selectees must fill all or half of the gallery. Three-dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery’s equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply annually and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists’ work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2017 Initial Point Gallery Series must provide the following materials and information to MAC via email in order to be considered for selection. Completed, signed Application & Acknowledgements form; 250-word informational paragraph about the artist or organization; Three (3) - Six (6) digital images representational of the works proposed for display; and 35 gallery maintenance fee, upon acceptance. Details and forms are available at the City’s website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 6, 2017. SELECTION PROCESS: The selection of art for the 2018 Initial Point Gallery Series will be made by MAC. MAC may group more than one artist in each exhibit to make a cohesive show. MAC will notify selectees by email. In evaluating eligible proposals, the following factors will be considered: Adherence to the Call to Artists; Quality of work; Appropriateness of subject and concept for a functioning government workplace; Consistency with City policy and community values; and Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: Limited volunteers to assist artist/organization with installing and removing each piece of artwork; Track system for hanging 2D art and four enclosed pedestals for 3D art; Space for artist information; and Limited publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission 33 East Broadway Avenue Meridian ID 83642 By e-mail: mac@meridiancity.org Meridian City Council Meeting Agenda January 23, 2018 – Page 88 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 9 EXHIBIT B ARTIST ’S PROPOSAL Meridian City Council Meeting Agenda January 23, 2018 – Page 89 of 363 Scanned by CamScanner Meridian City Council Meeting Agenda January 23, 2018 – Page 90 of 363 Scanned by CamScanner Meridian City Council Meeting Agenda January 23, 2018 – Page 91 of 363 Ma n d y R i l e y Meridian City Council Meeting Agenda January 23, 2018 – Page 92 of 363 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 23 day of A ► aacj 201L ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Larry Boyd, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, the Meridian City Council has accepted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on Friday, March 2, 2018, at such time as is specified by the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on Friday, March 2, 2018, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from Friday, March 2, 2018 through Thursday, March 29, 2018, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on Friday, March 30, 2018, at such time as is specified by the Gallery Curator. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE I ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 2 II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist’s artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist’s work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission’s request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV.INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator between Friday, December 29, 2017 and Monday, January 29, 2018 to confirm details regarding the installation, removal, publicity, and promotion of the exhibit. Artist’s failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require Meridian City Council Meeting Agenda January 23, 2018 – Page 114 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 3 the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City’s authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist’s name. Artist hereby conveys to City permission to use Artist’s name for purposes of advertising, marketing, and public information, without violation of Artist’s rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist’s logo, if any, for any purpose without the express, written permission of Artist. D. Use of City’s name. City hereby conveys to Artist permission to use City’s name for purposes of advertising, marketing, and public information, without violation of City’s rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City’s logo for any purpose without the express, written permission of the Mayor’s Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist’s artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist’s artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City’s sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. Meridian City Council Meeting Agenda January 23, 2018 – Page 115 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 4 VI.INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist’s servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist’s performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist’s responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists’ rights or obligations described herein. Insurance of the artwork; of the Artist’s person, property, or interests; and/or of the Artist’s employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist’s insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker’s compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. Meridian City Council Meeting Agenda January 23, 2018 – Page 116 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 5 D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist’s obligations under this Agreement that require or that may require Artist’s artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist’s artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. Meridian City Council Meeting Agenda January 23, 2018 – Page 117 of 363 I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Artist: ,I City: Larry Boyd4o ��` Hillary Bodnar / 37 ce'(Y Iylal- L� Initial Point Gallery Curator ��;��, 33 E. Broadway Ave. kWle- Meridian ID 83642 Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS' WHEREOF, the parties hereto have executed this Agreement on the Effective Date written above. CITY OF MERIDIAN: BY: Tammy de, eerd, Mayor -IV? TEDAUC,�ST, --��*cu��r w (✓VIE RjDIAN! — IOAHO SEAL Attest: &.1 C. Coie , ity Clerk ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 6 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 7 EXHIBIT A CALL TO ARTISTS Meridian City Council Meeting Agenda January 23, 2018 – Page 119 of 363 Call for Artists: 2018 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2018 Initial Point Gallery Series, a series of one to two-month exhibitions in Initial Point Gallery. MAC aims to have multiple artists in the space each month. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 100 feet of total wall space for hanging two-dimensional artwork, which is broken into fourths, and four enclosed display cases for three-dimensional artwork. Approximately 20 pieces fill half of the gallery space. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: All artists in the region are welcome to apply, but artists must meet installation and removal time restrictions. Two- dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art. Selectees must fill all or half of the gallery. Three-dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery’s equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply annually and if selected again, 75% of the display must be artwork that has not been previously displayed i n Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists’ work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2017 Initial Point Gallery Series must provide the following materials and information to MAC via email in order to be considered for selection.  Completed, signed Application & Acknowledgements form;  250-word informational paragraph about the artist or organization;  Three (3) - Six (6) digital images representational of the works proposed for display; and  $35 gallery maintenance fee, upon acceptance. Details and forms are available at the City’s website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 6, 2017. SELECTION PROCESS: The selection of art for the 2018 Initial Point Gallery Series will be made by MAC. MAC may group more than one artist in each exhibit to make a cohesive show. MAC will notify selectees by email. In evaluating eligible proposals, the following factors will be considered:  Adherence to the Call to Artists;  Quality of work;  Appropriateness of subject and concept for a functioning government workplace;  Consistency with City policy and community values; and  Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources:  Limited volunteers to assist artist/organization with installing and removing each piece of artwork;  Track system for hanging 2D art and four enclosed pedestals for 3D art;  Space for artist information; and  Limited publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission 33 East Broadway Avenue Meridian ID 83642 By e-mail: mac@meridiancity.org Meridian City Council Meeting Agenda January 23, 2018 – Page 120 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 9 EXHIBIT B ARTIST ’S PROPOSAL Meridian City Council Meeting Agenda January 23, 2018 – Page 121 of 363 Meridian City Council Meeting Agenda January 23, 2018 – Page 122 of 363 Meridian City Council Meeting Agenda January 23, 2018 – Page 123 of 363 Meridian City Council Meeting Agenda January 23, 2018 – Page 124 of 363 Meridian City Council Meeting Agenda January 23, 2018 – Page 125 of 363 Meridian City Council Meeting Agenda January 23, 2018 – Page 126 of 363 Meridian City Council Meeting Agenda January 23, 2018 – Page 127 of 363 Meridian City Council Meeting Agenda January 23, 2018 – Page 128 of 363 Meridian City Council Meeting Agenda January 23, 2018 – Page 129 of 363 Meridian City Council Meeting Agenda January 23, 2018 – Page 130 of 363 Meridian City Council Meeting Agenda January 23, 2018 – Page 131 of 363 Ol d W a t e r B o y s Me r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 2 3 , 2 0 1 8 – P a g e 1 3 2 o f 3 6 3 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 23 day of janww, 201E ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Donald Belts, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call. to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, the Meridian City Council has accepted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on Friday, March 2, 2018, at such time as is specified by the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on Friday, March 2, 2018, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from Friday, March 2, 2018 through Thursday, March 29, 2018, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on Friday, March 30, 2018, at such time as is specified by the Gallery Curator. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 1 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 2 II. COMPENSATION AND SALE OF ARTWORK . A. No compensation. Artist shall display Artist’s artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist’s work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission’s request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE . Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION . A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator between Friday, December 29, 2017 and Monday, January 29, 2018 to confirm details regarding the installation, removal, publicity, and promotion of the exhibit . Artist’s failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A , and the Application and Acknowledgements Form attached hereto in Exhibit B , as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B , or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require Meridian City Council Meeting Agenda January 23, 2018 – Page 174 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 3 the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY . A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City’s authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist’s name. Artist hereby conveys to City permission to use Artist’s name for purposes of advertising, marketing, and public information, without violation of Artist’s rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist’s logo, if any, for any purpose without the express, written permission of Artist. D. Use of City’s name. City hereby conveys to Artist permission to use City’s name for purposes of advertising, marketing, and public information, without violation of City’s rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City’s logo for any purpose without the express, written permission of the Mayor’s Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist’s artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist’s artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City’s sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. Meridian City Council Meeting Agenda January 23, 2018 – Page 175 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 4 VI. INDEMNIFICATION , WAIVER , AND INSURANCE . A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist’s servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist’s performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist’s responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists’ rights or obligations described herein. Insurance of the artwork; of the Artist’s person, property, or interests; and/or of the Artist’s employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist’s insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker’s compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION . A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. Meridian City Council Meeting Agenda January 23, 2018 – Page 176 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 5 D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS . A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination . In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law . The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies . All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist’s obligations under this Agreement that require or that may require Artist’s artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist’s artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. Meridian City Council Meeting Agenda January 23, 2018 – Page 177 of 363 1. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Artist: CW Donald BeltsHillary Bodnar %�J5 z�'fH -Isy. Initial Point Gallery Curator l ib33 E. Broadway Ave. Meridian ID 83642 Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date written above. Tammy eerd, Mayor Attest: ' Cay Coles, C ty Clerk �QDRp,TED qUC p GS =G � City of o w m 8 IDIAN� SEAL ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 6 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 7 EXHIBIT A CALL TO ARTISTS Meridian City Council Meeting Agenda January 23, 2018 – Page 179 of 363 Call for Artists: 2018 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2018 Initial Point Gallery Series, a series of one to two-month exhibitions in Initial Point Gallery. MAC aims to have multiple artists in the space each month. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 100 feet of total wall space for hanging two-dimensional artwork, which is broken into fourths, and four enclosed display cases for three-dimensional artwork. Approximately 20 pieces fill half of the gallery space. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: All artists in the region are welcome to apply, but artists must meet installation and removal time restrictions. Two- dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art. Selectees must fill all or half of the gallery. Three-dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery’s equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply annually and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists’ work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2017 Initial Point Gallery Series must provide the following materials and information to MAC via email in order to be considered for selection. Completed, signed Application & Acknowledgements form; 250-word informational paragraph about the artist or organization; Three (3) - Six (6) digital images representational of the works proposed for display; and 35 gallery maintenance fee, upon acceptance. Details and forms are available at the City’s website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 6, 2017. SELECTION PROCESS: The selection of art for the 2018 Initial Point Gallery Series will be made by MAC. MAC may group more than one artist in each exhibit to make a cohesive show. MAC will notify selectees by email. In evaluating eligible proposals, the following factors will be considered: Adherence to the Call to Artists; Quality of work; Appropriateness of subject and concept for a functioning government workplace; Consistency with City policy and community values; and Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: Limited volunteers to assist artist/organization with installing and removing each piece of artwork; Track system for hanging 2D art and four enclosed pedestals for 3D art; Space for artist information; and Limited publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission 33 East Broadway Avenue Meridian ID 83642 By e-mail: mac@meridiancity.org Meridian City Council Meeting Agenda January 23, 2018 – Page 180 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 9 EXHIBIT B ARTIST ’S PROPOSAL Meridian City Council Meeting Agenda January 23, 2018 – Page 181 of 363 Meridian City Council Meeting Agenda January 23, 2018 – Page 182 of 363 Meridian City Council Meeting Agenda January 23, 2018 – Page 183 of 363 Meridian City Council Meeting Agenda January 23, 2018 – Page 184 of 363 Meridian City Council Meeting Agenda January 23, 2018 – Page 185 of 363 Meridian City Council Meeting Agenda January 23, 2018 – Page 186 of 363 Meridian City Council Meeting Agenda January 23, 2018 – Page 187 of 363 Meridian City Council Meeting Agenda January 23, 2018 – Page 188 of 363 Meridian City Council Meeting Agenda January 23, 2018 – Page 189 of 363 Meridian City Council Meeting Agenda January 23, 2018 – Page 190 of 363 Meridian City Council Meeting Agenda January 23, 2018 – Page 191 of 363 Ol d W a t e r B o y s Meridian City Council Meeting Agenda January 23, 2018 – Page 192 of 363 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GAL VERY, MERIDIAN CITY HALL ("Agreement") is made on the day of VIMA, 201_ ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Theodore Smith, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, the Meridian City Council has accepted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic. expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on Friday, March 2, 2018, at such time as is specified by the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on Friday, March 2, 2018, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from Friday, March 2, 2018 through Thursday, March 29, 2018, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on Friday, March 30, 2018, at such time as is specified by the Gallery Curator. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE I ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 2 II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist’s artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist’s work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission’s request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV.INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator between Friday, December 29, 2017 and Monday, January 29, 2018 to confirm details regarding the installation, removal, publicity, and promotion of the exhibit. Artist’s failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require Meridian City Council Meeting Agenda January 23, 2018 – Page 134 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 3 the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY . A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City’s authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist’s name. Artist hereby conveys to City permission to use Artist’s name for purposes of advertising, marketing, and public information, without violation of Artist’s rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist’s logo, if any, for any purpose without the express, written permission of Artist. D. Use of City’s name. City hereby conveys to Artist permission to use City’s name for purposes of advertising, marketing, and public information, without violation of City’s rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City’s logo for any purpose without the express, written permission of the Mayor’s Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist’s artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist’s artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City’s sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. Meridian City Council Meeting Agenda January 23, 2018 – Page 135 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 4 VI. INDEMNIFICATION , WAIVER , AND INSURANCE . A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist’s servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist’s performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist’s responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists’ rights or obligations described herein. Insurance of the artwork; of the Artist’s person, property, or interests; and/or of the Artist’s employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist’s insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker’s compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION . A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. Meridian City Council Meeting Agenda January 23, 2018 – Page 136 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 5 D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist’s obligations under this Agreement that require or that may require Artist’s artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist’s artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. Meridian City Council Meeting Agenda January 23, 2018 – Page 137 of 363 I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be In writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Artist: Theodore Smith 12 N. JErFEP-SOIJ 57? -ear NAPAPA, IIJ $3661 City. Hillary Bodnar initial Point Gallery Curator 33 E. Broadway Ave. Meridian ID 83642 Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the mate written above. 1-1 A Theodore Smith CITY OF w BY: .._ i Tammy de, er , ayor ' Attest: - C by Coles, Cleric =Go�QORATED AC/cGs i 01.v of w '- "ESR\\IAN� SEAL`1� ACCEPTANCE AGREEMBNT- rNMAz. POINT GALLBRY DISPLAY PAGE 6 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 7 EXHIBIT A CALL TO ARTISTS Meridian City Council Meeting Agenda January 23, 2018 – Page 139 of 363 Call for Artists: 2018 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2018 Initial Point Gallery Series, a series of one to two-month exhibitions in Initial Point Gallery. MAC aims to have multiple artists in the space each month. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 100 feet of total wall space for hanging two-dimensional artwork, which is broken into fourths, and four enclosed display cases for three-dimensional artwork. Approximately 20 pieces fill half of the gallery space. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: All artists in the region are welcome to apply, but artists must meet installation and removal time restrictions. Two- dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art. Selectees must fill all or half of the gallery. Three-dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery’s equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply annually and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists’ work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2017 Initial Point Gallery Series must provide the following materials and information to MAC via email in order to be considered for selection. Completed, signed Application & Acknowledgements form; 250-word informational paragraph about the artist or organization; Three (3) - Six (6) digital images representational of the works proposed for display; and 35 gallery maintenance fee, upon acceptance. Details and forms are available at the City’s website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 6, 2017. SELECTION PROCESS: The selection of art for the 2018 Initial Point Gallery Series will be made by MAC. MAC may group more than one artist in each exhibit to make a cohesive show. MAC will notify selectees by email. In evaluating eligible proposals, the following factors will be considered: Adherence to the Call to Artists; Quality of work; Appropriateness of subject and concept for a functioning government workplace; Consistency with City policy and community values; and Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: Limited volunteers to assist artist/organization with installing and removing each piece of artwork; Track system for hanging 2D art and four enclosed pedestals for 3D art; Space for artist information; and Limited publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission 33 East Broadway Avenue Meridian ID 83642 By e-mail: mac@meridiancity.org Meridian City Council Meeting Agenda January 23, 2018 – Page 140 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 9 EXHIBIT B ARTIST ’S PROPOSAL Meridian City Council Meeting Agenda January 23, 2018 – Page 141 of 363 Meridian City Council Meeting Agenda January 23, 2018 – Page 142 of 363 Meridian City Council Meeting Agenda January 23, 2018 – Page 143 of 363 Meridian City Council Meeting Agenda January 23, 2018 – Page 144 of 363 Meridian City Council Meeting Agenda January 23, 2018 – Page 145 of 363 Meridian City Council Meeting Agenda January 23, 2018 – Page 146 of 363 Meridian City Council Meeting Agenda January 23, 2018 – Page 147 of 363 Meridian City Council Meeting Agenda January 23, 2018 – Page 148 of 363 Meridian City Council Meeting Agenda January 23, 2018 – Page 149 of 363 Meridian City Council Meeting Agenda January 23, 2018 – Page 150 of 363 Meridian City Council Meeting Agenda January 23, 2018 – Page 151 of 363 Ol d W a t e r B o y s Meridian City Council Meeting Agenda January 23, 2018 – Page 152 of 363 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINTGALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 23 day of &, 201.9- ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Tom Cunningham, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, the Meridian City Council has accepted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on Friday, March 2, 2018, at such time as is specified by the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on Friday, March 2, 2018, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from Friday, March 2, 2018 through Thursday, March 29, 2018, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on Friday, March 30, 2018, at such time as is specified by the Gallery Curator. ACCEPTANCE AGREEMENT -INITIAL POINT GALLERY DISPLAY PAGE 1 I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Artist: City Tom Cunningham Hillary Bodnar x(000 G, Ma,'ty) -Sk , Initial Point Gallery Curator y Yd e,f -, L-2 E Z 6 17 33 E. Broadway Ave. Meridian ID 83642 Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date written above. ARTIST: Tom Cunningham CITY OF MERIDIAN: BY: Tammy de erd, Mayor QoRPSED AUG�s Attest: 20 l,�o /JayColesUCty Clerk �Cly of w E IDIAN-- IDAHO Z� SEAL Of ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 6 II. COMPENSATION AND SALE OF ARTWORK. ry t the A. No compensation. Artist shall display Artist, all notk in rovidetial Point compensat�oneto aArtist for pleasure of the Meridian City Council. City p services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction on display a a in Iin the nt al Point Gallery anner established for sale. y the Gallery Curator, passively offer the artworkp Y No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily t donate display n Initial Point mission twenty percent (20%) of proceeds from any artwork sold du Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, activd/or substitution of any and all artwork with the Gallery Curator prior t such III.TIlVIE OF PERFORMANCE. Artist shall provide services described in this Agreement in the the elyma e with resner, as pect o this ed herein. Artist acknowledges and agrees that time is strictly of Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery th the Gallery Curatany portion or or-ent thereof, hall be Artist shall coordinate any and all such activity responsible for contacting the Gallery Curator between Friday, December 29, 2017and Monday, January 29, 2018 to confirm details regarding the installation, removal, publicity, and promotion of the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or thethe City concludeh hn t the display or any portion or component thereof does not meet Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City mrYrequire himmediate orthe City may require removal of such artwork from Initial Point Gallery. Further, the Galley PAGE 2 A rrFPTANC'E AGREEMENT - INITIAL POINT GALLERY DISPLAY ^^ 1F4 of 3Fi3 the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for Purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for Purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written Permission of the Mayor's Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or Permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. ACCEPTANCE AGREEMENT — INITIAL POINT GALLERY DISPLAY Meridian rifu r ----a hA--.:__ PAGE 3 VI. jNDE 4WICATION WAIVER AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VH. TERMINATION. A. Termination for cause. If City determines that Avio as failed y of tcomply he with or is in default of any term or condition of this Agreement, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement,engaged in Agreement;aud, dishonestyoreither Party willfully oor any cher act of misconduct in the performance of negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. PAGE 4 ACCEPTANCEAGREEMENT —INITIALPOINTGALLERYDISPLAY ^^ ^^^ n^^ dGa fRF D. Non -waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the light to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non -Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other light or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. ACCEPTANCE AGREEMENT — INITIAL POINT GALLERY DISPLAY Mr ridinn rifii r ------ a &A__.!-- . - - . . PAGE 5 ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY EXHIBIT A CALL TO ARTISTS PAGE 7 Meridian Commission Callf or Artists: 2018 INITIAL POINT GALLERY SERIES OVERVIEW: imensional The Meridian Arts Commission (MAC) seeks proposals aoseries ofr the �one totwo-month exhib t nsdin Initial Po nt Gallery. artwork as part of the 2018 Initial Point Galleryrd MAC aims to have multiple artists in the spc mandhInitial toPoint the public during Cilocated ty workingthe ihours�rinitialMeridian Point City Hatt (33 E. Broadway Avenue, Meridian,Idaho), s open and Gallery provides 100 feet of total wall space for hanging atwo k two-dimensional oxmately 20 pieces fill half ofrthe gallery spache.� MAC four enclosed display cases for three-dimensional requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: All artists in the region are welcome to apply, but artists must meet installation and removal time restrictions. Two mut be ed of dimensional works displayed in Initial Point GalleThsdimens Threes -dimensional be of any medium,dbut mustgfit wfthan art. Selectees must fill all or half of the gallery. ree the four supplied display cases. No artwork will nan ee hapoling, or securitylayed which: noorbis disrupt displayed using the to offend the gallery's equipment, requires unusual maintenance,ty ng sensibilities of the general public. Selectees lbe and i kd nvitee� may into an Acceptance reapply annually and i, f selected with againthe 7�5% of the forth specific conditions of display. Selectees display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2 - artists are encouraged to propose an exhibition including all artists' work. PROPOSAL REQUIREMENTS: ork in the 2017 Initial Point Gallery Series must provide the following Artists or organizations wishing to display w materials and information to MAC via email in order to be considered for selection. Completed, signed Application Et Acknowledgements form; 250 -word informational paragraph about the artist or organization; Three (3) - Six (6) digital images representational of the works proposed for display; and $35 gallery maintenance fee, upon acceptance. Details and forms are available at the City's website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. DEADLINE: 5:00 P.M. on Friday, October 6, 2017. All proposals must be received by MAC by SELECTION PROCESS:C may p more than one 18 Initial Point GCIIW► Series will be made ill not notify Selectees by ny MAC. Aevalua tnguel, ble proposals, r tist The selection of art for the 20 the in each exhibit to make a cohesive show following factors will be considered: Adherence to the Call to Artists; Quality of work; Appropriateness of subject and concept for a functioning government workplace; Consistency with City policy and community values; and Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: Limited volunteers to assist artist/ organization with instainand four ed pedestals for D art; each piece of artwork; Track system for hanging 2D art Space for artist information; and City contacts, local media, and other informational forums. Limited publicity of the exhibit through CONTACT MAC: By mail: Meridian Arts Commission 33 East Broadway Avenue Meridian ID 83642 By e-mail: macCmeridiancity.org EXHIBIT B ARTIST'S PROPOSAL ACCEPTANCE AGREEMENT — I IML POINT GALLERY DISPLAY PAGE 9 Meridian (.ihi hA—f;-- A-- V) i 0 F -9 - Ln E 4-1 a) aa) tin O C Q 2 -v .P P -v C .P 2 C O C -v a 4- ,> _ p O C C Ln R L rt 4-c O O :N 4 i U u CL CL CL 0M (13 14 . 4-J 4-1 on an C C P P 0 .r .r z.0 u`n LnE4 E ® = Z a} Z C U 0 m U u l a� 0) ��'0 J C C Q J C U U U U Cl Q�•M a. e1 0 � o c!J e M C: .o E 3 � .r 1 4-1 �=0�, Z'" u a o-®® C O o .O 4-J 4J N N 4-J d I' o (6 C 19 i P !� 0 � O C •C: 4- 0 N �s C❑ O O 4-J ❑ r •r •r •r y_ 4- y... 4-• 00 0 0 .-, ►� o O o 0 an-a.a 0 0 0 0 3 L CL � C N N o a� a� C) ® CL 4-J 0 ® rn 0 O QJ a) Ln U -O a u About The 01dWaterBoys We are a group of watercolor painters who have become good friends through the Idaho Watercolor Society and also a monthly gathering of watercolorists for discussion and analysis of our paintings. However, please understand that The OldWaterBoys does not have any official connection to either of those groups. Our group includes, besides the seven watercolorist, Ted Smith who is truly a World class bird carver. We have invited him to join us because he will display water birds in the center cases. Otherwise we are seven watercolorists who can indeed be identified by the OWB group name. We paint with water, we are all males and we are anything but young. Our ages must span the thirty years between 60ish and 90ish. Some of the women who are our friends through the watercolor groups had a wonderful exhibit a few months ago at IPG. Since men are the minority in those groups we thought it would be a good idea to try to keep up with those women. Wish us good luck with that! Our theme is simply an eclectic one. The various paintings we will include will likely fit into many categories of subject and style. There will no doubt be scenic, figure, travel and other themes. Most of the OWBs, including Mr. Smith, have exhibited work in IPG before, either individually or in other groups. We do have one request, if the Meridian Arts Commission, accepts our application. To avoid other watercolor exhibits on the IWS schedule, we ask if possible, that we be included for either March or April, 2018. Submitted with thanks for the OWB group by, r' 7 Dwight Williams AGKNOWLEtXiME 5: _ Hereby acknowledge the fallowing stipulations and agree that if chi; prupgsal is scieuc disotay t Initis! point Gallary, such display shall occur subject to these s�rrveral terms and conditrons, iswell as Su L'a to ether specific terms artd conditions that shall be set forth In a separate, written µcceptinGe Agree enj between myself and the City of M,eridisn. I specifically acknr�wled. e that: �A. before lily work will. be diiplayed in Initial Point Gallery, I will be requirid to enter riito an ACCeptanct i. ht ,tgreenlent with the City of Meridian establishing the specific terms and conAinons of the display of the particularwQrks dlsplayed- p, It my wgrk is sCltc ltd for display in initial Point Gatln?ry, the City of fleridian and its ag+.nts will cxi erase professiwlal tare• it, handling and securing all artwork diaptayed in initial Point Clattery, but cannot and v+,il not assume liability for any loss or damage. tial t Gallery all sole r(nrA iitily C Any Tho Cityrolee of the lte radian stwlllrk t of displayed msuriancrs toncover t� s,htheft, oredamage of artworicodispMyed in :n:1 .+L htltrat Point Gallery. fU�W 0, y4hile artwork displayed in Initial Polnt Gatlery may be passe.+ely offered for sale by means of an intormationat taUte, board. of handout as provided or allowed by the city cif Meridian, no piece displayed in Inidat'Poinl Gallery play have a visible price tag. E, while it is intended that each exhibit in Initial Point Gallery will be displayed for a O"K" to three- mon it' period, this p? rind by be shurtened by the City of Meridian for any reason, without notice to the. artist or organization. F. The City may display the work, of more than one artist or organization in initial Point Galicry at any time, at the City's tote discretion. G. Artwork submitted for display In Initial Point Gallery must be original works conceived and created by the artist for by artist immber5 of the organizationl submitting this application. H. An opening night reception can be scheduled by MAC; though a (Able and minimal stafitvalunteer support r A will be provided, I understand that I am the host and as such will be primarily responsible for any and all reception invitations, publicity, refreshments, music, set up, tear -down, and clean -alp. 1, fderldr;in City Hall is primarily a Place of public business and Initial point Gattery is a public place, The City seek, to entourage artistic expression and public dialogue, but must Simultaneously ensure that City Hall is a place where citizens, employ+:e,, and visitors of dlvet5e ages and persPectives feel welcome: and cominrtahle. To this Cod, only artists and artwork ms'eting the eligibility standards described in the Call for ArlistS and fotlov+in. the terms set forth in the Acceptance Agreement shall b -L displayed in hlrtlal Point Gallery. r I do acknokyledge n ndc t' d arh and all of the lexegoing stipulations and do agree tot ese genE?raI terms and conditions. Signature; „_ .. , Print name. /,'../,.._.__-..• .._—. _ Parent Sign tur if p ti t)/s Under I&: Date: To Dropose an exhibition In Initial Point Gallery, please submit this form, completed In full, with the required materials, via email ta: mac-Tmeridiancity,org Thank you for your interesti Iaf,i'.rlt?iCUi r.. C;ItlriliSslG'! , ACKNOWLEDGMENTS: J- _3AC__o_t__.__, h6reby ackff3wtedge. the following stIPUtations and apgree timet if this prepcsal is selected for BY at [AMM Point. Gallery, such display sill occur sub►*t to these ger�r-dl ttrIlla and coaditlons, as well as SUNK -1 to other specific terms and conditlans that shat set faTth In a separate, written Acceptamr-e Agreement between myself and the City eflMeridian. I specifically ackriabvte_dg� ti�at: A, Before nay work will be displayed in Initial paint Galley, I will be rtj: aired to enter into an Acceptance wivAL A.Ve meat with the City of Mend€an estahlishin9 tht spicific torms and conditions of the display c,, ow.. Partic0tar works di jAayed. `i If rriy lwwk is setWed for display in Initial Point Gallery, the City of Wftan and its agents v4ll cxcrCl;O prof€ssiona rare iri handling and securing, all artwork, disptaycid in Initial Point Gallery, but cannot and gilt not asrme liability for any lass or damage. C. any i.nsuri ince of the artwork disptayed In Initial Point Gallery slut be the solo resp- nsibility of the artist, trtr s tie City of Meridian shall not provide inuirance to cover toss, theft, or damage of artwork dis,f4ay d In Initial Point Gallery. D. Vi'l'iile artwoyk displayed in ln'tiat POIAt Galer3 : fila` y be Passively offered for sale liy mean* of an r.fMk informational table, braArdo r r haridout as provided or allowed by the City of Meridian, no pure displayed in Initial Pbint Gattery may igave a visible price tag. p. While it is intended that ea cli exhibit in Initial Point Gallery MU be displayed (Or a cry- to tlir - Mnth period, this per€ad by be shortened by the City of Meridian fc& any read, wit mat notice to tl�e mist or arsganization. J,C, F. The City may display the swop,, of more than one anti -.t or organization if' Initiat Point Gallery at any titlio, wlu3 _ at the City's she diso-retion. Artwork submitted for display In Initial Point Gallery must be Original works conceived and created by t he INW& artist (or by artist, members of the organization} submitting this application. yZ, N= An Openfng night reception can be scheduled ley MAie; thOugh a table and mirtimat stafflvoturat�fer support 114',� will be provided, I uridmtand that I arra the Bost and as such will be primarily responsible for arry and all receptibn 10vitatioris, publicity, reffe-Sh nt nts, MUSIC, set up, tear -clown, and clean-up. It, I. Meridian City Nall is primarily a piace of public Nasirte and Initial Point Gallery is a public. place. The City Y 94 seeks to w re cit artizees, expr slon arW public dial€ig ; but must siRlultar-m.r�ly ersLwe that City Hail is a place where citizens, OmPtoyeesr and visitors of diverse ages and pert Nes feel welcome and et mf b4e. To this end, OAty artists and artwork meeting the eligibility standards d riled in th# Cat (of artists and following the terms set firth in the Acceptance Agredm"t shall be displayed In Initial Point Gallery. i do ackno+,wtedge and undorstand each and all of the (arWINR stiptalattom ,and do agree to those general, tem and c ruditi s. ) 6-M �i : attire•: — - Print name: " Parent Signature . If Applicant is gader 18: To propose an exhibition i -n Initial Point Gallery,- please submit this form, completed In full, With the required materials, via email to: macc meridiancity.org TNOa you ffor your intesestl 1�SiF�.rtiis tn=_. Mraririian (.ih ACKNOWLEDGMENLm I, l � S , hereby acknowledge the following stipulations and agree that if this proposal is selected for display at Initial Point Gallery,and display shall that shall bccur eset forththese in ageneral separatemwrittenoAticeptance itions, as welt as subject to other specific terms nd condi Agreement between myself and the City of Meridian. I specifically acknowledge that: DAL A. Before en work will be displayed o PMeridi n Initial establ establishing the specifery, I ic terms ll be andreondit conditions enter he display of the INITIAL Agreement with the City particular works displayed. agents will exercise QV B. if my work is selected for display Initial loa wooint G rk displayed in Initial Point Gatof Meridian dlery, but cannot and will I NIITIAL s curin professional care in handling and g a not assume lability for any loss or damage. sote sibility of the t. C. Any insurance of the artwork displayed in insuritial aoint Gallery nce cover loss,hall be theft to rdamage of displayedsin INITIALThe city of Meridian shall not provide Initial Point Gallery. ns of an D. While artwork displayed in or handout ias Gallery oray be allowedassively offered for sale by by the City of Meridian, no pieceadisplayed INITIAL informational table, board, P in Initial Point Gallery may have a visible pace tag. onth E, While it is intended that each exhibit in initial Point Gallery fill be aywithout notice to the ared for a one- to three- tist or wl-' a� period, this period by be shortened by the y ofMeridian orany reason, organization. more than one artist or organization in Initial Point Gallery at any time, DLA1 F. The City may display the work of INITIAL at the City's sole discretion. z G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created by the '�`�" artist (or by artist members of the organization) submitting this application. INITIAL H. will opening night reception canhatbe scheduled by I am the ost and;as such will betable primarilyrrespon responsible forstaff/volunteer any and all INITIAL will be provided, I understand reception invitations, publicity, refreshments, music, set up, tear-down, and clean-up. I. Meridian City Hall is primarily a public dialogue, butmustsimultaneously ensure LVieInitial Point public re t that City Hall is seeks to encourage artistic expression and Pb INITIAL a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome an comfortable. To this end, only s estsfor h in the Acceptanwork cthe e Agreement shall be displayed n Initial Poinstandards described in the t for Artists and following the terms Gallery. I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. 6Z6_,6_y�� ( Print name:Signature: * Parent Signature - If Applicant is Under 18: Date: ' � � To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials, via email to: mac@meridiancity.org Thank you for your interest! ACKNOWLE } ME4 S: hereby ,acknowted?e the followin4 stipulations and agree that if this proposat is setetted for display at Initial Paint Gallery, such display shalt occur subject to these general terms and co dit cans, as Well ai SUbject to other specific, terms and conditions that strall be, set f%rth in a separate, wrikten Acceptance Agreement bekween my -self and the City of Meridian. I specifically acknowledge that; N. A, 8fore my Work will be displayed in initial Point Gallery, I will be required to enter into in Acceptance 15;'T31 Agreement with the City of Meridian, establishing the specific terms and conditions of the display of th-e particular works displayed. If my worn is Selected for display in Initial Point Gallery, the City of Meridian and its agents will exercise tarps prufessionat tare in handling and securin-3 all artwork displayed in Initial point Gatteri, but cannot and will not assume liability for any toss or damage. C. Any insurance of the artwork displayed in. initiat Point Gallery shalt be the sole responsibility of the artist. +,,;..Ar The City of Meridian shall rpt provide insurance to cover toss, theft, or damage of artwork displayed in initial Plaint Gallery, tl. W11-lile artwork displayed in Initial Point Gallery 1`113y be passively offered for sale try means of an informational. table, board, or l=arrdout as provided cf attowed by the City of Meridian, no piece displayed in Initial Paint Gallery may have a visible price, tap. E. WhAe it is intended that each exhibit in Initiat 13©Int Galtery will be dfsptayed frr a f�rre- to three- month I m f pQriod, this p nod by be shu-Tleri-ed by thy' City of ts+.eridian fe;r any reason, wiftut notice to the artist err organization. F. The City nlay display the work of more than one artist or organization in initial Point Gallery at any time, at the City's sale discretion. G. dart -work submitted for display 1n Initial Point Gallery must be original works conceived and created by t1=w artist for by artist members of the organizationl submitting this application, H. An Opening night reception can be scheduled by SAC; though a table and minimal staff; volunteer sup rt r will be pfirovided, I understand that I ant the test and as such will be primarily respoalsible for any and aft reteptinn Invitations, publicity, refreshments, music, set t p, tear -down, and clean-up. i. Merldian City Hell is primarily a place of p-uplic business arA initial POIAL Galter5y is j�public place. The Cityseeks to er�our-age artistic expression and public dialogue, but alu:t simultaneously ensure that City Hall is a place where citizens, emptoyees, and visitors of inverse ages and perspectives feel wel; ome and comfartabte. To this end, og)(y artists and arty/ork meeting the eligibility standardz described in the Call for Artists and fo,lotring the terms set forth in the Acceptance- Agreement shall be displayed In initial Point Gallery. I do a€knovytedg . an u derstand at - - nd all of the foregoi€� stipulation, and do agree to these general terms and condidovl%- Signature: l l'j(�D►C .!�{i g print nacos: Parent Sigmatu: v - If App,i aanttiis�Un�f�erj.18. To propose an exhibition in Initial Point Gallery, please submit this form. completed to full, with the required materials, via erna.il to; macTmeridfancity.arg Thank you for your interestl PA(Aridi fin C0Fri nl'S,tCit1 ACKNOWLEDGMENTS: hereby acknowledge the following stipulations and agree that if this proposal is itions, a! selected for display at Initial Point Gallery, suchponslay shall that shall be cur subject set forth aeseparatemwrittenters and oAticeptance well as subject to other specific terms and condi Agreement between myself and the City of Meridian. I specifically acknowledge that: A. Before my work will be displayed in Initial Point Gallery, ermsand conditions of the display of the �ltbe required INITIAL Agreement with the City of Meridian establishing the specific particular works displayed. its agents B. if my work is selected for display in InitiaaPoaGallery, layed my of Meridian Initial Point Galdlery, but cannot and will INITIAL ll exercisE professional care in handling and securing not assume liability for any loss or damage. C. Any insurance of the artwork displayed in Initial Point Galleryshalt b toe damage ofhe sole narfi lily f the displayed INITIAL The City of Meridian shall not provide insurance to cover l , ir Initial Point Gallery. by means of ar � D. While artwork displayed in Initial Pias Gallerymay oraallowedaby thly offered e City of Me�dianleno piece d'splayee I I IAL informational table, board, or handout p in Initial Point Gallery may have a visible price tag. E. While it is intended that each exhibit in Initial Point ndian forwill ny reasonaywithout notice to the ared for a one- to three- ti sfi of I (TIAL period, this period by be shortened by the City ofMe organization. E. The City may display -the work of more than one artist or organization in Initial Point Gallery at any time, oulllm at the City's sole discretion. G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created by the artist (or by artist members of the organization) submitting this application. and staff /volunteer H. will opening night reception can be sI am the hot andby ; though a as such will be primarilyrreslpon responsible for any and all will be provided, I understand that reception invitations, publicity, refreshments, music, set up, tear -down, and clean-up. 1. Meridian City Halt is primarily a place of pdubbusiness dialogue, buttialmu soint simultaGallery neously ensupublic re ghat City Hall i1 JIAL seeks to encourage artistic expression an public a place where citizens, ,employees, only and and artwork meeting the eligibisitors of diverse ages lity standards described in he Cal perspectives feet welcome an( comfortable. To this end, only artists for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in initial Poin Gallery. I do acknowledge a4understa d each and all of the foregoing stipulations and do agree to these general terms an conditions.Print name: Signature: Parent Signature -anfi is Under 18: Date: To propose an exhibi ' n in Initial Point Gallery, please submit this form, completed in full, with the require materials, via email to: mac@meridiancity.org Thank you for your interest! nn40 0_1RRnf3R3 ACKNOWLEDGMENTS; _ t ' j+ acktNTrrIP d OW tonna In ki tulatiarfs and age" tita.t if 4itfS prr�7t3Stsf is StiGI t4r d ' I May at nfoat (V� t C;aherY, such 111splay shall occur Subject TO tfit--W 9011 O( terms and coriditi s, as +mil as SuNert to Cdfrer S:peCffit terra, and cooditiom brat shalt !z set ftrrtfl In a Sepr�ratE, wrl�len A ceptat7ce Agreement b ttvaC►i mys tt and the City o� t idlan. t &Pecifically atkttowle-*' then: 6A A. B&Ore my work will be dPsp dyed in Initial Paint Gallery, f will be rt<uired to anter Into an Acc ra r€`txe Uv 'rt-erne0Z with the City of Me(idiiin �t4bli-shing 0* ipeofic tc-rms and coisditions of thio display of ttw P-ardCular work; displayed. �. If my w6r![ is :electod for display Iii Initial Point Gn,llery, the C;it1t df oder Isn and its agents will elcerClbe tilt&t I7iat�j!) hac stonal CAre jtdfin% oral 5eCU.`in all artvVO-k di5fifayed in tnitlnl Pcxii,t rj�3ilery, btc Ctartnat :And vrSf> net AsSunTF liability for AnY loss ar darnage. C (7;A MTku- 6A / 110%4-1r �a rhym. r Brut, Any tnsUrance of thr_ artwork ftlayed in ftsttial point Gallery sham W the sate r�`sfw►�sftr(iity rsf the artist. The City of Merkifin shall tit provide Insurance to cover tom. trseit, +ir datle a of artwork dik a art in Initial Point Gai#eryr. D. While atty#'Ork di,-piaped irr Wt at pofrtt Gal(c`ry may 15e Ci 30yely offered for sale by means a, art fnfczirnatiortal iahtc, lward, we handout a, arV4 C --d or aUOWed icy Cote city of Me�ddiaofee� , no pdivtayed In Initial fsairll "(M may have a visite p,»c-e tag, C, White it is intendne4 that each: exhibit In Initial P041t Gallery vrtll W Copdaye 1 four n - tq thme tttort{h �ertt .this Pet ed by be ;I�toned by the CRY of hWifdfan for any reason, witf�tt-notice to the artist or a �j21'[T�] t tCN1. The City may dfsfArty the work of mere than One artist ar arg"iiAtiun ir, Initial P+jlnt at the City's wlGefttry at any time,e discretion, G. ArtwcR* subrnittvd for dtsplay in Urt€at Point tmtlery mtrA- be original lmrkx cortceivr�o and created by ti� r#fst for Lry Artist ntnl>ers of tlsp arganixattiun) ;tdimitting tt,is applifation• H. rp-� 1. ">w. An openhttr n=rght ri--Cept3on can by Wheduled by MAA.; ho ugh a table attd minimal Z3fjfv0tunteer supprg -kill tae ftmvidM, f tM";`R&M that I am the host and as sudi will � primarffy r%pen'ify(e ft?r any ,itro all rc's rtinrr invitatltyrts, publki-y, retrcmhments, music, ;et OP, teat-d(Yovn, an4l ctean-zap. ,Meridian City Bali IS primarily a 1 +; of public Wsiness 04d Initial P`oirit Gafte"rry is AL11tfi�Ic n*ke' The Cityer;toPearttiG expr�: artdptnto fnrtaneci,asure thC1ky tjk,bsil id a frac' where citl er ernptO"-es, artd visitors of dWers€ age and peftp aives reel welcprrrrr and cc>rrtfmsue. To this em, only Mists artd artwork meetfg the etigibliity stattdat-4 destr100 in the fall tot! Artists attd "tOwiN Ow terra$ sit forth in the AcceA,)rtce Agreement shall be disola}red In InIttal P(Ant Gallery. 1 do aekrtrnAUdge atsd w'Werstand each taxi all of the (Or"ng stiNlatiorts arbd do ague to thfteg±jral urns ar J t4rtCiit i(tr�, n Sigsla z� �- Print n0niw: ' Pam"at *t"Wre • fif A%Ai ant R Under 1$: LL 'to propose an exhibition in Initial Point Galtery, pteae submit this fonn, matect�pieterf in full, WO the reitpirec# rials, viA email to: mac�meddiancfty.org Thank you fOr your interwl Meridlictrt Coli niis$Eo,1 Ab Meridian City Cniinrrl nnoo+;— n......a _ ACKNOWLEDGMENTS' _(here acba�o,vleFdge the frtlwin stplatic�ns aedr that `►f this l�rc�t�6t L l t d for dts tay at Inittat ftint Gai:ieri, such display shalt Occur ei ne= i t� tli�� ��r ���1 t ies nrtt c�ndlt nt, 4 v 11 as f r dit to rather specific tem an conditions tint shad be yet f&rt.h it-' a separate, written Accetatarrct Agr .yvent bets eef, my&e f and the City of #�ridan. I speclficalllf aeP-nc�vtr��1�� that: f i A. B fofe my work will be displayed in initial point Gallery, I will be rc�uir d tca �ntt=�r inti an Acc-c ar�0 s ay_ Agreement with the City of Meridian establishing the specific terms and conditions, of the display Of M paTticotar werits clisplayed- @,. if r�ry avr�k. is selected Ger dish -lay in Initial poirit Gallery,tl�� City �f PA�ri�liar� and its a��rt� srlill ���rcl �� professional afire in handling and s ri", all artwork disptayt�l tri lnitinl Point Gallery, but cannot and wit not assume liability for any loss Or damage. C. Any Insurance of the -artwork displayed in Initial Paint Gatley shut be the rete resp+aresibility of the artist. rho Cite of Mtmidian shalt rat Pf4vide Wsuranr_.e to cover less, theft., or damarse of artwoA dispomyed i Initial POW Gallery. Ca mile artww I. display d in Initial point Gallery rynay be passivefy offered for sale by means c'f a kifs� infr natit net taf , to rt , eT handout as provided er allowed f}y the Gita of l�ie�idean, r►+� pt�ee displa,�e in frvitial Pcrir�t G, tLr rrjay have a visible Oce tai. ►shite it is intended t"t each exhibit it Initial Point Galli will b displayed tray L orr to thrbee tinct r ��x peri' , oris period by be sh�il nod by the City of F ridjan faf any reason, without nonce tg the mist e McIrl-Z The City my display the work. of more than one artist or organization In Initial Point Gatlery at any time at title city's We disce€ficin, r f Ari arf srriamitted for display in initial point Galtery nest be origiinat work-. conceived and created by th 1111 artist (car by artist; embers taf the organizatilm) submitting this Wli=catien. An opening night r eption can be scheduled by M,AI`; tirmugit a tabte sand rtiir�i al staff /volunteer srtpport t Mel be p -o ided, I understand that I ani Lh€� est and as such will be primarily responsible for any and all rKepftn invitation, publicity, re-freshments, music, set rad, tear -down, and etean-up• 4"'all MerEdiari pity Hatt fs primarily a. �ace of public Wsir�s, a� initial point Galler�},+ is a public places, Tf�e C t seeks to erwourage artistic expression and public diatoguej but must si ultane-OW es fed easufe at Cii€ty Hatt i apace where citizens, rriployees, and 1sitors of dhvefse ages and p p comfo bele. `fa this end, only artists and artwork meeting t� eti�ibiiity standards described fist the Ca ftp° Artists and tottowirvg the? terms set, fortis in the Acceptance Agteeft�k shalt to displayed in Inittat Poin Gallery. I d acisnowl *d iid n11 of the fart ing stipulations and do agree to these general terms an conditions- 1 ` _._....__ Print name: ���,_---- Signature: _ ' Parent Signature - if Applicant is tinder 18: Date: T9 propose an exhibition in Initial Point Gallery, please subrnit_ this form, cn�pletd In full, v�rith the rewire materials, via email to, macComeridiancityr®rg Thank you for your interestl ACKNOWLEDGMENTS: I, Q) -S . hereby acknowledge We folkewing stipulations and agree MM It this prOPOSAI Is sc-lected for display at initial Paint Gattigry, such display stili cresur Subl ct tri theSO geWal terrri3 and eo itfor>,s, as well as subject to other sptiflc terms and conditions that dial{ bo set (cwth in a sepante, written ACctptan€e Agreement between rnyulf and tho City of Merlbiara_ I swifically AC6Wrrledge that: A. Wore my Ali unit be displayed In initial Paint Cattery, I will be required to enter into an Acce W Agre ertt with cite City of Neridlan, c4tabtisfitng the specific terms and conditions of the display of the particular woft displayed. b. If my wort; is st{ccted for display In Initial Point Gallery, thv City of laeftdian and its agents will exercise psofe#sionai care to hatndlirsg and wuting all artvtdff% displayed in Initial Point Gallery, but tarst'.ot and will not assume liability for any loss or damage. C. Any intwaoce of the artwork displayed In initial Point Galtery shall be the we fenwdibility of the artist. Tho City of kteridfan shall not provide Inwrame to cover toss, theft, or daiase of art wk displayed In initial Point Gallery. '%V 6. WNW artvvoept displays d In Initial Point Gallery may be passivety offered for sale try meard of an fi,, tni(wrnatlr�l table, board, car handout as provided of altvxed by the City of MefWiaA, r� ice dEsplay�tt in initial Point Gallery may have a visitge price tag, E. White It Is intesided that each exhibit in Initial Point G-31tcry will be displayled for a rx`&- to three- month mK7 period, this p J by be shoilteaied by the City of McMLan t6f any ream, virtu A Wica to tin,- artist or organization. i F. Thi City may display the work of more than one artist or organizati=on In Initial Point Cannery at any time, =" at the City's vAe discretloo. l G. Aftwwk submitted for display In Initial Point Gallery rmust M 061,4nal works conceived and created by the artist {orby rtt3t members of lh@ r}rganfBatlC#t) sfktsinitttPlg this appiieaticn. N. Ari oWing night rr_=c€- lon can to soled by MMC; thctargh a table and minimal staff/volunteer suppeft r, will be provided, I urrd$rstand that I am the host and as such will be primarily responsitAe for any and all rece ton invitations. publicity, refreshrt`en", n tdk, set up, tear -down, and clem—up. 1. facrldian City Hall Is primarily a place of Putin; business and Initial Point Gnlfery Is a public plece. -The City sees to encourage artistic expression and public dialogue, Ixd Mwt sknultaneously evaure that fifty Hall I$ a pare v.here citizens, ernpl s, and visitors of div. -,--m ages and p pe"Iyes feel welcome and comforuble. To this ead, only artists and aftwvjir meet ng the eligibility standards Cincribod In the Call fof Artists and (allowing t(tr teffM set forth in the Acceptance Ag-feet0#01t shall be dkpUyed in Initial Perisac fxallety: I do acknaMrs eac all of the (ening stipdattans and do agree to this gerW l t€rrA and condittom. h r Signature. - Parentis name n - Date: ?A — 6whrkWaft In InIttsl profit Gatl&wv brew@ suWlt this form. conipteled In full, with the required Marin n ('ifi, C --;l ne,.,,+;.,,, n.. --A- ,__.._ Ol d W a t e r B o y s Me r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 2 3 , 2 0 1 8 – P a g e 1 3 2 o f 3 6 3 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINTGALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 23 day of v- , 2019 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Roy Gover, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, the Meridian City Council has accepted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on Friday, March 2, 2018, at such time as is specified by the Gallery Curator, artwork which shall substantially conforin to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on Friday, March 2, 2018, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from Friday, March 2, 2018 through Thursday, March 29, 2018, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on Friday, March 30, 2018, at such time as is specified by the Gallery Curator. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE I H. COMPENSATION AND SALE OF ARTWORK. in ial Point A. No compensation. Artist shall display Artist,ishall notrlcompensation to Artist for pleasure of the Meridian City ry at the Council. City provide services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of on di splay din the lin Int al Point Gallery anner established torr sale. y the Gallery Curator, passively offer the artwork p aY al No price shall be displayed on or be proximate to an Phe sale display of Artist's work; any Point a Gallery. City personnel shall not facilitate in y y transaction related to the sale of artwork hat Artist voluntarily donbe handled solely by ate to the Commission acknowledges the Commissions request twenty percent (20%) of proceeds from any artwork rsold Initialdue to sPointsplay in initial ArtiPoint p Gallery. Upon the sale of a piece of artwork on y may remove such artwork from the Gallery, provided th t Artist reptaces the s of such removal. ed Pi with another piece of artwork within twen y Artist shall coordinate the removal, replacement, n/or substitution of any and all artwork with the Gallery Curator prior to suchactivity. III. TIME OF PERFORMANCE. ed Artist shall provide services described s this time Agreement of the essence with respect this herein. Artist acknowledges and agrees that time Y to timely perform any of the obligations hereunder shall Agreement, and that the failure constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, or anTe removal, i or replacement, thereof, substitution of the display in Initial point Gallery Y p Artist shall coordinate any and all such activity e ween Fridah the y, December 9y Curator. 12017 and responsible for contacting the Gallery Curator b Y publicity, Monday, January 29, 2018 to confirm details regarding the installation, removal, p and promotion of the exhibit. Artist's failu as required by this paragraph shall constitute a defaulte to tofealleiy Curator this Agreemenly contact thet. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City lay in may inspect and/or review the artwork proposed by bol forthtist for inthe Call Artiststattached itial Point Gallery to ensure compliance with all criteria hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Galleoes not meet the criteria ry Curar or the concludes setforthat the display or any portion or component thereof d Exhibits A and B, does not reflect artwork as described and displayed depicted in iPal Point set forth in Exhibit B, or cannot be safely and/orappropriately Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require PAGE 2 A rr-FPTANCF- AGREEMENT - INITIAL POINT GALLERY DISPLAY ^� 1 FA of 'ARI the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for Purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written Permission of the Mayor's Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. ACCEPTANCE AGREEMENT — INITIAL POINT GALLERY DISPLAY Meridian Rite (--I.--!I ne.._.:__ . . . PAGE 3 `71, WAIVER AND INSURANCE. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. 0 C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, ayed in Initial Point Gallery or to cover any activity or damage of artwork displ undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artists person, property, or interests; and/or of the Artist's employees or agents shall be the sole ra °tbArtist. Artist shall tinsurablenterest all necessary insurance as may be required inresponsibility protect Artist for its rights and obligations described within t eent,incug,butno limited to, liability insurance, automobile insurance, worker'scompensation inand/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, d from, installed or hung in, and/or displayed in Initial Point transported to, transporte Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document prepared under this Agreement, engaged in fraud, dishonesty, or any other required to be act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City mtiimmediately terminate this Agreement for any reason at any time without prior notice C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. PAGE 4 AC.C.FPTANcE AGREEMENT - h rIAL POINT GALLERY DISPLAY D. Non -waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the light to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non -Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. ACCEPTANCE AGREEMENT -INITIAL POINT GALLERY DISPLAY PAGE 5 G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators, I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Artist: Roy Gover b1013 LW,e kc am 4�3(� CC_ ity Hillary Bodnar Initial Point Gallery Curator 33 R Broadway Ave, Meridian ID 83642 Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval, IN WI'T'NESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date written above. ARTIST: Gcu� Roy Gover CITY OF MERIDIAN: BY: �` r Tammy:. eerd, Mayor Attest: Go9pRATED A�CGS M Se S IDIAN \`�2a E ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 6 ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY EXHIBIT A. CALL TO ARTISTS PAGE 7 Meridian Commission Cal(for Artists: 2018 INITIAL POINT GALLERY SERIES OVERVIEW: seeks proposals for the display of two-dimensional and/or three-dimensional The Meridian Arts Commission (MAC) P P artwork as part of the 2018 Initial Point Galle each month. Initial Point Gallery its located on the �third �floor of Merid n MAC aims to have multiple artists in the space City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. initial Point -dimensional and Gallery provides 100 feet of total wall space for hanging two four enclosed display cases for three-dimensional artwing A pproxmatety20 pieces fill half ofch isrthe gallery oken spacinto fhe.� MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: must Two- s. Alt artists in the region are welcome to appGallery muistsbe comprsedyof professional -quality, atityl ready-to-han�gnorig nal dimensional works displayed in Initial Point but must fit withinl art. Selectees must fill all or half of the gallery. Three-dimensional works may be of any medium, b displayed using the the four supplied display es sun sualrtwork will maintenance, handling, or security; ordisplayed which: cannot bs disruptive ly gor likely t offend the gallery's equipment; requires ng sensibilities of the general public. Selectees will be asked to enter into ly Acceptance Agreement selected iaga again, 7ity 5% of the forth specific conditions of display. Selectees and invitees may reapply Y display must be artwork that has not been previoustdy displayedlartists' sin ts' (work` Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in e 2017 Initisdered for Pint Gallery Series must provide the following materials and information to MAC via email in order t Completed, signed Application Ft Acknowledgements form; 250 -word informational paragraph about the artist or organization; Three (3) - Six (6) digital images representational of the works proposed for display; and $35 gallery maintenance fee, upon acceptance. Details and forms are available at the City's website, http://www. mer idiancity.org or upon request. Limited assistance producing digital images may be available upon request. DEADLINE: All proposals must be received by MAC by 5:00 P.M. on Friday, October 6, 2017. SELECTION PROCESS: tist The selection of art for the 2018 Initial Point Gawill not f setectees bys wilt be made bemaiil Inevaluating ueligible proposals, rthe in each exhibit to make a cohesive show. MAC Y following factors will be considered: Adherence to the Call to Artists; Quality of work; Appropriateness of subject and concept for a functioning government workplace; Consistency with City policy and community values; and Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/ organizations with the following resources: Limited volunteers to assist artist/ organizationsed with installipedestalng and removing each piece of artwork; Track system for hanging 2D art and o Space for artist information; and City contacts, local media, and other informational forums Limited publicity of the exhibit through. CONTACT MAC: By mail: Meridian Arts Commission 33 East Broadway Avenue Meridian ID 83642 By e-mail: mac@meridiancity.org . .... —Ao 0....— Orn of qR.'A EXHIBIT B ARTIST'S PROPOSAL ACCEPTANCE AGREEMENT — INITIAL POINT GALLERY DISPLAY PAGE 9 Meridian CifV (nnnnu neon{;„„ A---,_ -- -- . co O O d c I< Q) N M A N E O c O 0) on I Q O C to 0-1 j • 1 •� E O -vim= otA c o � � O Ln4-1 C C C O CL CL a CL a (z CO tin u Gn C .O C � co 40:W o�te� EL. zE� �"- N u N Et E o❑❑9 531 z O 4 � U O au 0 ELn,o Lu 'a C uuo''`�`O u u CLarm a 0 O, '`J L L od O t 3 c b yc Cc a Eco`��3 N 'a N N rn w �' t� �_ .. +J o 3 ton 4.j N N N 3-�uuu ,a tS W 'O CO O O O p 0 N N O 'C rt 9 0 r- f� o c'��¢a ©a� 41 4 N QL a ❑ NN a) r - O O � ❑ 1 o O O o 0 0 0 0 CL a o. 0- 00004 3 aaaalt O N V) ..�©� o ,� E Ix � a� a) = LU cL pD. a. 'a o 4-) O ®o ® 4-J o o +' -v Q� V -14 -0-0 O du zz About The O1dWaterBoys We are a group of watercolor painters who have become good friends through the Idaho Watercolor Society and also a monthly gathering of watercolorists for discussion and analysis of our paintings. However, please understand that The O1dWaterBoys does not have any official connection to either of those groups. Our group includes, besides the seven watercolorist, Ted Smith who is truly a World class bird carver. We have invited him to join us because he will display water birds in the center cases. Otherwise we are seven watercolorists who can indeed be identified by the OWB group name. We paint with water, we are all males and we are anything but young. Our ages must span the thirty years between 60ish and 90ish. Some of the women who are our friends through the watercolor groups had a wonderful exhibit a few months ago at IPG. Since men are the minority in those groups we thought it would be a good idea to try to keep up with those women. Wish us good luck with that! Our theme is simply an eclectic one. The various paintings we will include will likely fit into many categories of subject and style. There will no doubt be scenic, figure, travel and other themes, Most of the OWBs, including Mr. Smith, have exhibited work in IPG before, either individually or in other groups. We do have one request, if the Meridian Arts Commission, accepts our application. To avoid other watercolor exhibits on the IWS schedule, we ask if possible, that we be included for either March or April, 2018. Submitted with thanks for the OWB group by, r' Dwight Williams AGKNOWI.ERGME S: 1 �, oereby aCktu)wled e the frllowing stipulations and agree that if this prupgsal is scic�ttGb IQf dis0 Y t initial Point Gallery. such display shall occur subject to these general term, and conditions, as well as subaect to ether specific terms asid conditions that siiati be set larch 1n a separate, wetter} A;ceptance Agree ent between myself and the City of Meridian. i specifically ackn"tedge that: � A. l'eforc, itty work will. be displayed in Initial Point Gallery, 1 wilt bG raquimt:d to enter 1111-0 an Acileptanct i iht ,tgreennent with the City of Meridian establishing the specific terms and cot-Aitions of the display of the n particular works displayed. City of Meridian urils will vxcr is professional care if My wfjrk is. in handlingUvd for and Securing III a twork dsplay in In �p ayed in initial Point GJllery.�but cannot and will ^at not as5upie liability for any loss or damage. ' C. Any insurance of the artwork displayed in Initial point Gatlery shalt be the sole resp unsibitity of the aflist, The city of fteridian shall not provide insurance to cover tots. theft, or damage of ortworX displayed u1- hntiat Point Galtery. p, While artwbfk displayed in Initial Pafnt Gallery rflay be posit'%eiY offered for sale by means of ed iniormationat table, board. of handout as provided or at{awed by the City of Meridian, no piece displayed In Initiat'Pssint Gallery may have a visible price tag. E White it is intended that each exhibit in initial Point Gallery will be displayed for a Qne• to thre'f-- alonth rar.0 f%erind, this period by be shurteried by Lite City of Mendian i'Gr any reason, without notice to the artist Or orrtinizatlon. �f, The City may disptdY the work of more than one artist or organization in Initial Point Gallery at any time, at the City's sale discretion, G, Artwork submitted for display In Initial Point Gallery must be original works conceived and created by the artist (or by artist rttembar, of the organization} submitting this application. y� H. An openinS night reception can be scheduled by MAC; though a table and minimal staffrvolunteer support V will he provided, I understand that I am lino' Inst and as stich will be primarily responsible tier any and all reception invitations, publicity, refreshments, music, set up, tear -down, and clean r1p. , Meridian City Hall is primarily a place of pubilc business and Initial Puint Gallery is A public place. The City Seeks to encourage artistic expression and public dialogue, but niust 5miultaneotisly ensure that City Hall 15 a plica where citizens, emptoyic,, and visitors of diverse ages and perspectives feel welcome and comftrttabie. To this ertd, only artists end Artwork meetinc; the eligibility standards described in the Call fur Artists and fotto'win the terms set forth In the Acceptance Agreement shall be displayed in initial Point Galtery. , I do acknowledge n nde I. d aro and all of the foregoing stipulations and do agree to t ase general terms and conditions. Signatures Print name. `�."',',./...—•---.....--.-----... ' Parent Sign t if p{Ilil t )is Lintner 18: To propost: an exhibition in initial Point Gallery, please submit this form, completed In full, with the required materials, via email to: mac4imeridnancity,6rii Thank you for your tri} recti ff,lirirjipn .`.Ctfrnrnit tOn . . -- -- n,..,.. 4 rA of qR-1A ACKNOWLEDGMENTS. h6r6tq acknowledge, the 1`011€ iug stipulations and agrot tient if tbis prwosal is 'elcctod for di&ptay at Initiat Point Gallery, such disptay shalt 4Xcur sub Xt to theme gorver-al terms and mr0tions,its alt as w6ject to other specific tewmvs and Gond€tlons that shall bC9 set f ah in a separate, written AceRptw__,e Agreement between mysetf and the City of Meridian. I specifically acknowvtedge that,, A. Before my work File tw displayed in Initial Print Gall t, I Wit be rtjuirt�d to enter ittta an A teptance MAL Air ment with E'er City of Meridian astablishi thO sPit-c6fic tt-rms and Conditions of the dis ay of the particotar wo ks displayed, A,- Ci, if my wwk is selected for display in Initial Point Gall y, the City Of httrlc►ian and Its agents will exercise t z professional care In handtir and se"rirw, all artwork disptoycid in initial Point Gallcyy, but eat=:not and wilt not assume liability for any lows or dada . C_ Any insjurance of the artwork displayed in Initial Point buttery shalt be the sole respomtbis'ity of tho artist, t rat she City of Meridian shalt root prty0de Insurance to cover toss, tkeft, or damage of artwork dispAa9%td in Initial Point Gall". i , Y ille artw k displayed in Initial Point Gallery may be passively offered for sate try means of an 00VA4 Infomational table, boardo or handout as provided ar allow by the City of Meridian, no place_ displayed in initial Poiret batt" may have a visible price tai,. E. Whig It is interided that Bath exhibit In Initial F offij Gallery wilt to disp4ayed for a o - to tom_ mnth thTUAL period, this period by Ise shdrtened by they City of Meridian for any react, without notice to the artist or ofganizati+:rrt. F', The City may display the work of more than one artfst or organivition In initial € OInt Galt" at any titYie, txa�8 at the City's We divretion. G. Artwork submitted for display In Initial NO Gallery must be orielnal work-, conceiviad and created by Ow r artist (err by artist, members of the organization) submitting thts appll"tion. N_ An op4ftifng night reception can be scheduled by YAC, though a table and mirtirrinl staff/volunteer support r38, wi1:i be llrmlided, I understand that I am the host and as suith Will be primarily responsible for any and all receptibn invitatior%, publicity, refreshments, rmisic, se-€ up, tear -dozen, and ctean•up. 7� I. Morldian City Nall is priMarity a plate of public 1xisirtesi aM Initial Point Gallery is a public *Co. The City s ks to er-,ourage artistic expression and public dialogue-, but rust simultanecwSiy euro that City ,all I$ a p4ace- where citizens, OmPtoyeas, and ulsitors of diverse ages and porsp tfv0s feel welcome and comfoO-able_ To this end, oAty artists and artwork meeting the eligibility standards dexrthtcl ip the CAII (Of Artists and ftAtowirg the terms set, forth in the Aicceptance Agreoment shall be displayed In Initial Punt Gal(". I do acknowledge, and understand each and all of the ford nt stipulations and do agree to these g ntml tem and cord€t[,s. Signature: Print. turret, �om _ C` l,t n01 t/L�C��m " Parent Signature . If Applicant 15 Under 18: late:LS T40 propO$e an exhibition in Initial Point Gall , please subrr►it tibia farm, cotitpletc-d Ito full, with the required mat0rlals, WO email to: macmoddiancity.org Thank Y" for your interests Mo.ririian f it ii i nk3i nn n C: 5 rji.rii 1 s Lei n_. ACKNOWLEDGMENT I� Diu '"-" LL,I, , S , hereby acknowledge the following stipulations and agree that if this proposal is ters and conitions, as selected for display at Initial Point Gallery,such ay well as subject to other specific terms an ndiptonssthat p halt beccurds t forthect toese in aeneral separatemwritten Aticeptance Agreement between myself and the City of Meridian. I specifically acknowledge that: ed to r into an Acceptance DAL A. Before en work will be of layed in Meridian lnitial Point establishing the specifery, I ic will andrconditions e of the display of the INITIAL Agreement with the City of M particular works displayed. in Initial of Meridian its agents will exercise _W B. if my work is selected for display uring all artwooint rk displayed in Initial Point Gallllery, but cannot and will INITIAL professional care in handling and se g ' not assume lability for any loss or damage. sole of the C. Any insurance of ri the artwork t splayed in provide insuranceitial point to cover loss,hall be theft, the ofnatwork displayed in artist.n INITIAL. The city of Meridian shall not pr Initial Point Gallery. D. While artwork displayed in Initial handout int as provided oray be allowedassively offered for sale by means of an by the City of Meridian, no piece displayed INITIAL. informational table, board, or ha p in Initial Point Gallery may have a visible price tag. E, White it is intended that each exhibit in Initial will be reason,ed for a one- to three- month notice to the artist or INITIAL A� period, this period by be shortened by the y of Meridian forany organization. F'. The City may display the work ofmore than one artist or organization in Initial Point Gallery at any time, DL� INITIAL at the City's sole discretion. U0j� G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created by the artist (or by artist members of the organization) submitting this application. INITIAL H. h a and al staff /volunteer �2H. will opening night reception can hatsI am the hos heduled by and as such will beeprimarilyrresponsible for any and alit INITIAL will be provided, I understand reception invitations, publicity, refreshments, music, set up, tear -down, and clean-up. is a ic place. The L10I. Meridian City Hat[ is primarily a plso andof u ublc dialogueic s, but musoint simultaneously enulre tthat Ciy Hall is seeks to encourage artistic expression p INITIAL a place where citizens, employees, and visitors of diverse ages and perspectives feet welcome an comfortable. To this end, only artists and artworke Acceptancthe e Agreement shall be displayed nstandards dlnital Po nin the [t l. for Artists and following the terms set forth Gallery. nd each and all of the foregoing stipulations and do agree to these general terms and I do acknowledge and understa conditions. S 6atm_� L��t Signature:Print name: * Parent Signature - If Applicant is Under 18: Date: ' To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials, via email to: mac@meridiancity.org Thank you for your interestl ACKNOWLEDGMENTS: I= 'ackr4edg�o hereby, the following stipulations and agree that if this propenat is stlected for display at Initial Point C�allery, such display sl it occur subject to these general terms and conditfons, as well as subjet-t to other specific terms and conditions that sfiatl be set forth In a separate, wrILLen AcceptanKe Agreement between myself and the Cite of ?meridian. I specifically acknowledge that: A, Ekfore my work will be disptayed in Initial Print Gallery, I wilt be required to enter into art Acceptance , OUL agreement with the City of Meridian esta3blishing the sKcific torms .and conditions of the display of Ow particular works displayed. P- If my wwk is selected for display in Initial Print Gallery, the City of Meridian and Its agents will exercise ,,,,PpL professional care in handting and securing all artwork displayed in Initial point Gallery, but Cannot and wilt 11ot assume babitity for any toss or damage. C. Any insurance of the artwork displayed in Initial Point Gallery shalt t�-, the sole resp=(ttitity of the artist. The City of hten-ridian shall trot provide insurance to cover toss, theft, or damage of artwork displayed In Initial Paint Gattery, D. White artwork displayed in Initial Point Gallery May bt passively offered for scale by meads of an informational tattle*, hoard, car handout as provided o,- at(owed by the Citi' of Meridian, no piece displayed in Initial Point, Gallery may have a visible price tag. E. 'chile it is intended that each exhibit in Initial Point Gattery will i� dispialyed for a rne- to three- month ,I rk period, this period by be shtnterved by the City of Meridian for any reason, without notice to the artist or organization. F. The City may display the work of more than one artist lir afganization to initial Point (aMiery at any time, „ ,• t� at the City's sate discretion. C. Artwork submitted for display in Initial point Gallery must be original works conceived and created by the artist for by artist mernbers of the organizatiMi submitting this application, s H. An opining night reception can be scheduled by hNAC; thLuugh a table and Minimal staf4fuolunteer support h:Tu; will be provided, I understand that I aril the host and as stash `wit( be primarily responsible for any and all . t reception Invitatinnsr publicity, refreshments, music, set tip, tear -down, and clean-up. 1. Meridian City Hail is primarily a place of public "' iness at -A Inttlat Point Gallco is a public lace, The C -- ,� p - p c its seeks. to er�.Ottrage artistic expression arvi public dialogue, but r11u5E sirnuttatt€gusty ensure that City Hall is ,a place where citizens, emptoyees, and visitors of diverse ages and perspectives feel welcome and comfo,rtalAe. To this end, only artists and artwork meeting the el(gibility standards described in the Call for Artists and foltowing the terms set forth in the Acceptance Agreement shall tae displayed In Initial Point Gallery. I art airkns- tedR�IfAp and ac and all of the for�ninR stipulatfow. and do 4ieree to these general terms and r_andittrts�s_ Signature:_ Print name: ���O�►C_ `f ��� Parent Signatut is Urnvd,+r la: Date. To propose an; exhibition in Initial Point Gallery, Please, submit this form, completed In full, with the required materials, Kia email to; react meridlancity.org Thank you for your interestl M1 erid,i0n Co[TI ii'Irs5rC713 ACKNOWLEDGMENTS: I, •"ordisplEy ,hereby acknowledge he following stipulations and agree that if this proposal is nditions, a! selectat Initial Point Gallery, such display ssthat shall be ccur subject forth ein ase eseparate, neral �w it ens and oAccceptance well as subject to other specific terms and condition Agreement between myself and the City of Meridian. I specifically acknowledge that: A, Before my work will be displayed in Initial Point Gallery, I will erms andbe red to eonditionfier into an s of the display of the INITIAL tance Agreement with the City Of Meridian establishing the specific particular works displayed. its agents B. If my work is selected for display in Initial PoiGallery,dthe displayed my initial Point Gaof Meridian lery, but cann�at lt exerand twill ise INITIAL professional care in handling and securing all'artwork P not assume liability for any loss or damage. nsibilitY of the C. An insurance -of the artwork displayed -in Initial Point Galshalt beft, the re espo of artwork displayed INITIAL The City of Meridian shall not provide insurance to cover loss, Initial Point Gallery. ns of ar D. While artwork displayed in Initial Point Gallery aallowedaby the City of Messively offered �diansale no piece by mea y be displayee 011AL informational table, board, or handout as provided or in Initial Point Gallery may have a visible price tag. E. While it is intended that each exhibit in Initial Point Gallery will be displayed ison yed Pout notice to the art t or I (TIAL or a one- to three- montt period, this period by be shortened by the City of Meridian for any reason, organization. F. The City may display -the work of more than one artist or organization in Initial Point Gallery at any time, 4�jl4llliA at the City's sole discretion. G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created by the artist (or by artist members of the organization) submitting this application. H. An opening night reception can be scheduled as andMAC;ashsuch will beugh a eand primarilyrresponsible for any and allal staff /volunteer I (TIAL will be provided, I understand that i am the tear -down, and clean-up. reception invitations, publicity, refreshments, music, set up, ic i. Meridian City Halt is primarily a place of public business uen buttial mustoint Gallery is a simultaneously ensulre place.. City Hall i, JIAL seeks to encourage artistic expression and publicg a place where citizens, employees, and d artwork meeting the eligibilitrs of diverse ages and y standards described in he Cal erspectives feet welcome an( comfortable. To this end, only artists for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Poin Gallery. d all of the foregoing stipulations and do agree to these general terms an I do acknowledge and understa d each an conditions. �� Print name: Signature: * Parent Signature r If AWlicant is Under 98: Dae: an exhibenin itial Point Gallery, please submit this form, completed in full, with the require To propose materials, via email to: mac@meridiancity.org Thank you for your interestl FR of 3R3 ACKt OKEMMENTS, cte - at Eterr aCkor"Wt�92 tlLe folt0v"N ztiPPIOt OUM .and Agef-t ts3.t if this pc�wa! is tc t tar display �t ntti [ P it►t ticy-, such dssplay shad rsccut st JccY [a tit get ;fit Letms anti conditions, dell as sUNe" tri Qt-t*r Wcifit tettn<, And conditfN*m that stmlt be Set forth Iri . �'j�rate. WffiR.t:fi�7 � c�rtar�ce Agreement between, my�lt,rid (fie City of Me idtan, I Wnfftatfy atlttttrwie: that: 6 A. B&Ofe MY work wilt be displayed in Initlat Pine battery, l will be r"uirtpd to t'rttei intra an Acc tatece rrna articula at withworks the lily of itydlz�n e;tablf�ntt th& sKter_�fflc tOrms ami Cotactitions of then divlay of t1� Particular wt dfs�g�j. a. if my W&R fS selected for display in Initial Pcrint Gattery, tti� C:i(y at' Meridian and its agents, wilt nxorctfw r+t Al pr®fesSitxnat Care in h FOUn% a, -ad secut+" all art'~k disptayed In finial t?i At Gallery, but cannot ,anti' v��ttt not asuime liability for any toss or datage. C r�, INITku l r4 "rw. Any tnsJranCo of the Artwork d4layed in 'rt#tial Point Gallery sNlitrey khe 9ritrs r�ptarasit�itity of the artist. I11 r Point Gafrteridiart shatj not provide iri$vr4nr is to cagier ltd, (haft, or dat+mge of artwork displayrad in 1r�ltiat t�ctint �ery, 17. While artwork di, -played In trtiti4t Point Gallery may bo prassrveiy off( red frr s,aGe by means of ar, InftartMtJWA( tatge, baard, of ftarWoat A, Provided or aflovveo by toe City of lker3diaa, nrr, eft e iii layi*d In IrntiAl tint t�atl¢ry may have a visit prix tag, C. While it is intende(l that etch: exhibit In Nitta( POfilt. Gallory will t* ftp- y'ad fir it arer- to Ovee- month ptnod, this Per -«d by be ShOrh?rwd by the CRY of &W6than for any twPo nation. reason. wittsrittt.natlte to the art.fsi or F. the City cAay (114zlay the uric of More than one arti-st or �gariizmlti>an irk fititiat Point Gallery at arty time,8t the City's sole discretion, G. Artwtx* submitted for dtsplay in Initial Point t".mtlery fnLet be original � ,)tkx canC aeivPf and created by Cid rr#ist list by artist rr t»bers of the carBarixati l 5tr. Mitt! U thi, anfalical#art. M. Ari pt>miltV, night r.' ef3t 7r+ can be scis rated by MAC: ftugh a tabltr an4 mirfirllal sfafffvOjtfsteer suppM Vill be provid4d, I urWor$t#M that I arty the host aA4 as Suds will bv primarily respon-.Able fnr-any and all receptfnn invitatlom, publicity, refreshments, music, W VP, tear -drawn. anrj ctean-up. t. Mef'Oao City Hall f, printa.rity a ptalc'V, of Pubtic business and initial Point Gaftasty is i; is ptUe, he City spit; to erKc�€rage art"tic extaressi : ansl public dlak)gi*, but mu -&t simLAta,n y Otlstrt'o tfaat Cily t�sil is a r where rititens, emppiay*es, and vwtom of diverse ager, anti penveuives t'eet wr~lcotrre and tOrO artabto. % this end, ()nly artists; artd artwork fcm�tf� the etigllxitity stattdar� dem t-0# in the Call »° Artists 8Miedlovrtrtg ! terms Wforth in the Atccya ,)me— Aaxeement shall be displayed in Irittirl point Gr,ller'y. 1 t10 a;k"(hvftrul e arid oA&ntand ooh &M all of the forte ng Stif if(ati.Orv% aril alt? �r�+ to these g�f��l tesrrts a� tonditit►ris. Sfgita tit— . _ r Priht narne. ' Pawt Signature ff 444i ant (A Utwt?r is: TO WOPtrse an exthib-Itfori In Initial Point G,attery, glease the r st,bfnif 'his fern. Ct3rijpt€�teti ro lull, With the materials, cmalf tO, mat&met`istiancity.t Thank you for r intorWI Meridian Citv Cnnnril nnoo+1— n --- A- _.____ -- -_._ - ACKNOWLEDGMENTS: j*nq stipulatiOns and agree that if this PrOPO" —01.4ereby acknow-leduRe t" fQllr - - to the -se der dal tKnis an�condi�tepCan�+ j:2 (L L iubjeat lniL[ tat Point Gatleri, such display shall occur %-d for dispkay set fortll In a sest- d conditiotis that shall b4� parate, writn Acp -well as subj � ect to other specific WfIm an Agr?"Went between my qf and the City of Meridian. I �Pe-ciflcalll/ aclk.110wle4ge thBt; A, Before my work will be displayed in Initial Point Gallery, I will be rMuired to enter into an AccuVOrM Agreement with the city of Meddian estabtishirtg the specific terI)s and conditions of the display Of thi particutar work- disp-layed. If my wcwk is selected for display in Initial point Gatte;ry, the City of mer than and Its agents will Oxerck!4 professional care in handlin and security all artwork displayed in Initial point GatItery, but cannot and wit not assume liability for anY 105s Or da -mage. Any insurance of the artwork d1sptayed in Initial Point Gailefy Shatt l3e the sole resPOM14ilitY of the �r`tist_TbMe(. city of ridian shalt not provide irv-surance to cGver loss, theft, or damage of artwoA displa. ed 1i WIML initial Poillt Gallery. 1, displayed in I(jitiat point Galtery may be passively offered for sale by meanig of a, le 'a wor � no piece displaye-i �jr4j hf at Able ba rd, of handout as provided of allowed by the City of Mwv In 1� - a visible price tag. itlat Point C 3tt� rymay have Av t each exhibit in Initial Point Gallery will be displayed (of a one- to three- mont ist 0 hile it is intended Lim -terted by the City of Merithan fof any reason, with%A n0tf�ce to the act period, this period by be shor The City my display the work. of more than one artist or organization in Initial Point 6-atlery at any time at the city's sole discfetion. Artwork su rnjtted for display in Initial poitl-t Gallery must be original works conceived and created by th artist for byartistmembers of the organizatEml) submitting this al)Pikati0n, a f/ luntee support ed by ffAf-; though a tabte aftd minimal st f vo r An opentng night reception can be schedui V be primarily responsibte for any and all rh will be porovided, I understand that I am the host and as such w -dw-vn, and ctean-up, 'terreception Invitations, publicity, refreshments, music, set W, tear merfidian City Hall K primarily a. place of public business AM Initial Point Gallery is a pub4ic place, The Cit seeks to em-ourage artistic expression and public dialogue, but must simultarre"slythat City att i H *,Ww a p1h, - ace where citizem, employees, and 4sitors of diverse ages and peapectives feel wetcOmv an comfodAb4e. To this end, only artists and artwork meeting the etf�gfbility standards described in the (-A faf Artists and (04towirvg the terms set forth in the Acceptance AgMement Shall be displayed In Init1fit Pain Gallery. ack-nowle aid ,* 11 of the (,breV-ing stipulations and do agree to these Reneval teams d id conditions. g Pdintnamer:�� Si ,nature., Parent Signature - it Applicant is Under 18: Date! To propose An exhibition on ifl Initial point Gallery, please submit this form, c-ompleted in full, with the require materials, Via email to, niat0meridiancity.-Org Thank you for your intere-sti AVF ACKNO'4 LE NTS! 1, A� �.- 1, "by W -We ge the folleswin stipulations and agree that 1f this til IS stetted for display at Initial Point Gailgry, such display ftfl occur uib)ect to theW gerkeral terms and caftdRions, as well as subject to other specific terms and condittom that slut fie set forth in a seprate, written ACceptancet Agreement betw ra rnylelf and tm City of Meridian. I WcIfically acko,&Medge that; A. Before my work will bt- dispiaped in Initial P0111t Gsalldfy, 1 Wilt be required to anter into ark ACCOM to Agreer K4A with rite City of Mtwitlian establishing th@ spedik terms aad tOMitlons of the dl€gtay of the particular works displaye=d. 8� If key work is selected for display In Initial Point Gallery, t1w City of Mwidian And Its Witt will exercise professional care In 1trndlin3 and s usirg att artwork displayed In Initial Ott Gattery, but caru*t and will not assume liability for any toss or dama4@. Cr Any Intwanrce of the artwork dlsptayetl In Initial Palm Gallery shalt be the Sole regponsibitity of the artist. Tbo City of 0&—idlan shalt nal prWde Insurance to sir toss, theft, or dairmse of artwork displayed in Initlal Point Gallery. �y D. Wille artwork displayed in Initial PairA Gallery may be passively offered (or sale by rnear4 of an Infe4mational table, beard, car ham" as prodded or atlwfrcd by the City of Meridian, r� piece diiplay�d In initial point Gattery may hate. a visible price tag, F, White it is intended that oath exhibit in Irdital feint Galtery will be dismayed (of a W- to three- Mntth period, this glad by be sit .etned by tht City of MerWian fix any reason, without ru ko to ttr� artist or organitatton, F. Tit# City and display the work of more than one artist of c99anlzatiorr In initial Paint Gallery at any drake, at it* City's We discretion, G. Artwork subrinitted for display In Initial Point Gallery racist M original works toneelWd and created by the artist for by artist members of the organization) %ubfilitting this apirilcation. �r H. Aaa rtf, lag night re<eolon can I* sel uted by IMC; thatatgh a tal:Ae and rninimat staff/volunteer' Support Witt be ptovideo, I uraierstand that I ant the host and as saint will be pti rity fesimsible for any and all reception invitatiors, publicity, refreshgttefi s, Music, set up, teaf•dtwn, and Clem -up. Y f. fM4�rtdh?n City full is primargy a place of puWtc busln�s and Initial Paint Gallery Is a i Ic Place. -Tire City seems to encourage a►tl$tiC #rpression and pWic dialogue, cxirt must simultaneously ewi qfe that City VWI is a place where titixerrs, employtft, and visitors of d1}rtrse aW and p pectives feel welcome and comforubie. To this d, only Artists and artwork meet" the edigibRity Mridards described Ira the Call for Artists acid follovAng lice terries wt forth In the Acceptance AagreefrWtt "it be displayed In initial Point Gall", I doackat f rst� eat alt of the (oregaing stipulations and do Wee to ti e tl,"tml teens and Signature. Parent name, vA nWhahtt" in l HAL t mfit Galleril. df@ase &Omit this form. Completed in full, with the required Marirlinn Olhi On—nil ne,.,,fl— n....r�_ ,__..__. – • _ - - m G ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the ?3 day of lantwu, 201.. ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Dwight Williams, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, the Meridian City Council has accepted. such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian 'City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on Friday, March 2, 2018, at such time as is specified by the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit Bhereto. Artist shall be responsible for hanging such artwork on Friday, March 2, 2018,.at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from Friday, March 2, 2018 through Thursday, March 29, 2018, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on Friday, March 30, 2018, at such time as is specified by the Gallery Curator. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE I ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 2 II. COMPENSATION AND SALE OF ARTWORK . A. No compensation. Artist shall display Artist’s artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist’s work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission’s request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE . Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION . A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator between Friday, December 29, 2017 and Monday, January 29, 2018 to confirm details regarding the installation, removal, publicity, and promotion of the exhibit . Artist’s failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A , and the Application and Acknowledgements Form attached hereto in Exhibit B , as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B , or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require Meridian City Council Meeting Agenda January 23, 2018 – Page 94 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 3 the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY . A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City’s authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist’s name. Artist hereby conveys to City permission to use Artist’s name for purposes of advertising, marketing, and public information, without violation of Artist’s rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist’s logo, if any, for any purpose without the express, written permission of Artist. D. Use of City’s name. City hereby conveys to Artist permission to use City’s name for purposes of advertising, marketing, and public information, without violation of City’s rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City’s logo for any purpose without the express, written permission of the Mayor’s Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist’s artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist’s artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City’s sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. Meridian City Council Meeting Agenda January 23, 2018 – Page 95 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 4 VI. INDEMNIFICATION , WAIVER , AND INSURANCE . A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist’s servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist’s performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist’s responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists’ rights or obligations described herein. Insurance of the artwork; of the Artist’s person, property, or interests; and/or of the Artist’s employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist’s insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker’s compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION . A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. Meridian City Council Meeting Agenda January 23, 2018 – Page 96 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 5 D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS . A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination . In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law . The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies . All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist’s obligations under this Agreement that require or that may require Artist’s artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist’s artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. Meridian City Council Meeting Agenda January 23, 2018 – Page 97 of 363 I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Artist: City Dwight Williams Hillary Bodnar 655 E. Kingsford Dr. Initial Point Gallery Curator Meridian, ID 83642 33 E. Broadway Ave. Meridian ID 83642 Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. I City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date written above. ARTIST: Dwight illiams CITY OF MERIDIAN: GOrQORATED gUCGS r 2 1 W EjD1A m (DANo SEAL 4 / Attest: - C. y Coles, 64 Clerk ACCEPTANCE AGREEMENT — INrrtAL POWT GALLERY DISPLAY PAGE 6 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 7 EXHIBIT A CALL TO ARTISTS Meridian City Council Meeting Agenda January 23, 2018 – Page 99 of 363 Call for Artists: 2018 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2018 Initial Point Gallery Series, a series of one to two-month exhibitions in Initial Point Gallery. MAC aims to have multiple artists in the space each month. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 100 feet of total wall space for hanging two-dimensional artwork, which is broken into fourths, and four enclosed display cases for three-dimensional artwork. Approximately 20 pieces fill half of the gallery space. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: All artists in the region are welcome to apply, but artists must meet installation and removal time restrictions. Two- dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art. Selectees must fill all or half of the gallery. Three-dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery’s equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply annually and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists’ work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2017 Initial Point Gallery Series must provide the following materials and information to MAC via email in order to be considered for selection. Completed, signed Application & Acknowledgements form; 250-word informational paragraph about the artist or organization; Three (3) - Six (6) digital images representational of the works proposed for display; and 35 gallery maintenance fee, upon acceptance. Details and forms are available at the City’s website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 6, 2017. SELECTION PROCESS: The selection of art for the 2018 Initial Point Gallery Series will be made by MAC. MAC may group more than one artist in each exhibit to make a cohesive show. MAC will notify selectees by email. In evaluating eligible proposals, the following factors will be considered: Adherence to the Call to Artists; Quality of work; Appropriateness of subject and concept for a functioning government workplace; Consistency with City policy and community values; and Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: Limited volunteers to assist artist/organization with installing and removing each piece of artwork; Track system for hanging 2D art and four enclosed pedestals for 3D art; Space for artist information; and Limited publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission 33 East Broadway Avenue Meridian ID 83642 By e-mail: mac@meridiancity.org Meridian City Council Meeting Agenda January 23, 2018 – Page 100 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 9 EXHIBIT B ARTIST ’S PROPOSAL Meridian City Council Meeting Agenda January 23, 2018 – Page 101 of 363 Meridian City Council Meeting Agenda January 23, 2018 – Page 102 of 363 Meridian City Council Meeting Agenda January 23, 2018 – Page 106 of 363 Meridian City Council Meeting Agenda January 23, 2018 – Page 103 of 363 Ol d W a t e r B o y s Meridian City Council Meeting Agenda January 23, 2018 – Page 112 of 363 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 2,6 day of o)O, 201.E("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Bert Hiner, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, the Meridian City Council has accepted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt. and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on Friday, March 30, 2018, at such time as is specified by the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on Friday, March 30, 2018, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from Friday,_ March 30, 2018 through Thursday, April 26, 2018, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on Friday, April 27, 2018, at such time as is specified by the Gallery Curator. ACCEPTANCE -AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE I ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 2 II. COMPENSATION AND SALE OF ARTWORK . A. No compensation. Artist shall display Artist’s artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist’s work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission’s request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE . Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION . A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator between Friday, January 26, 2018 and Monday, February 26, 2018 to confirm details regarding the installation, removal, publicity, and promotion of the exhibit . Artist’s failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A , and the Application and Acknowledgements Form attached hereto in Exhibit B , as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B , or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require Meridian City Council Meeting Agenda January 23, 2018 – Page 214 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 3 the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY . A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City’s authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist’s name. Artist hereby conveys to City permission to use Artist’s name for purposes of advertising, marketing, and public information, without violation of Artist’s rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist’s logo, if any, for any purpose without the express, written permission of Artist. D. Use of City’s name. City hereby conveys to Artist permission to use City’s name for purposes of advertising, marketing, and public information, without violation of City’s rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City’s logo for any purpose without the express, written permission of the Mayor’s Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist’s artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist’s artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City’s sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. Meridian City Council Meeting Agenda January 23, 2018 – Page 215 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 4 VI. INDEMNIFICATION , WAIVER , AND INSURANCE . A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist’s servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist’s performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist’s responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists’ rights or obligations described herein. Insurance of the artwork; of the Artist’s person, property, or interests; and/or of the Artist’s employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist’s insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker’s compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION . A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. Meridian City Council Meeting Agenda January 23, 2018 – Page 216 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 5 D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS . A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination . In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law . The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies . All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist’s obligations under this Agreement that require or that may require Artist’s artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist’s artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. Meridian City Council Meeting Agenda January 23, 2018 – Page 217 of 363 I. Notice. ; ny .and: i i notice required to be provided by the Parties thereto, unless otherwise ,stated in {this Agree ant, :sha l be � � wsutw,g;and :shall be dee med,co , mumcated upon ad ng by United States.Will,;addressed es follows: Artist: Cit L Bert River Hm lary Bodnar 1312 S. Jackson ;St. Initial Point Gallery Curator Boise,, ID 83705 33 E. Broadway Ave. Meri d an ' i , 83642 Either party may change its respective mailing address +by ;giving written notice of such change ,in it w manner herein pro, ded. J. City Council approval required. 'The validity -of this Agreement :shall be {expressly conditioned upon City Council :action approving the Agreement. Execution sof alis Agreement !by the persons referenced below prior ito :such ratification, :or ;approvail :sh . i not be �oonstrued -as proof of validity in (the,absenoe,of Meridian City Coundl;approval. IN WITNESS WHEREOF, the parties heretohave executed this Agreement ,on the Effective Date wit ttewabove. ARTIST: a er CITY OF MERIDIAN: D _' 'T i � y ode Wep4.1rd, Mayor =�pTEDAUGGm AtteSt: oI� ; ,JayCoCity'Clerk WCity or w EE IDIAN � IDANO SEAL /AQOEPTmm Aempi ENT — Rm, mL Pom GAmim' ' D7spum (P.AoB 6 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 7 EXHIBIT A CALL TO ARTISTS Meridian City Council Meeting Agenda January 23, 2018 – Page 219 of 363 Call for Artists: 2018 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2018 Initial Point Gallery Series, a series of one to two-month exhibitions in Initial Point Gallery. MAC aims to have multiple artists in the space each month. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 100 feet of total wall space for hanging two-dimensional artwork, which is broken into fourths, and four enclosed display cases for three-dimensional artwork. Approximately 20 pieces fill half of the gallery space. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: All artists in the region are welcome to apply, but artists must meet installation and removal time restrictions. Two- dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art. Selectees must fill all or half of the gallery. Three-dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery’s equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply annually and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists’ work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2017 Initial Point Gallery Series must provide the following materials and information to MAC via email in order to be considered for selection. Completed, signed Application & Acknowledgements form; 250-word informational paragraph about the artist or organization; Three (3) - Six (6) digital images representational of the works proposed for display; and 35 gallery maintenance fee, upon acceptance. Details and forms are available at the City’s website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 6, 2017. SELECTION PROCESS: The selection of art for the 2018 Initial Point Gallery Series will be made by MAC. MAC may group more than one artist in each exhibit to make a cohesive show. MAC will notify selectees by email. In evaluating eligible proposals, the following factors will be considered: Adherence to the Call to Artists; Quality of work; Appropriateness of subject and concept for a functioning government workplace; Consistency with City policy and community values; and Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: Limited volunteers to assist artist/organization with installing and removing each piece of artwork; Track system for hanging 2D art and four enclosed pedestals for 3D art; Space for artist information; and Limited publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission 33 East Broadway Avenue Meridian ID 83642 By e-mail: mac@meridiancity.org Meridian City Council Meeting Agenda January 23, 2018 – Page 220 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 9 EXHIBIT B ARTIST ’S PROPOSAL Meridian City Council Meeting Agenda January 23, 2018 – Page 221 of 363 Meridian City Council Meeting Agenda January 23, 2018 – Page 222 of 363 Meridian City Council Meeting Agenda January 23, 2018 – Page 223 of 363 My desire to paint began when my cousin, Rulon Hacking, returned from a 5-year apprenticeship with Russian Master, Sergei Bongart. Rulon & I moved to Taos, New Mexico & I spent the next two years learning the basics of art, values & abstract design. I was fortunate enough to attend Bongarts summer workshop in Southeastern Idaho, meeting artists that were deeply influenced by Russian Impressionism, including Ovanes Berberian. He is now considered one of the best living colorists. Moving to Idaho I studied for 18 months with Ovanes. The simplicity & color palette of Russian Impressionism mesmerized me. I continued painting trips with Rulon, but my experience with Bongart was life changing. He opened my eyes to a world of color. While at his school, you become student of nature, observing warms & cools, lights reaction against dark & always seeing the Big Picture”. To understand God’s beauty in nature is unparalleled & that light can never truly be replicated. That art becomes your religion. That you must simplify! “If you want something easy, you should have been brain surgeon. For it’s easier for a mans brain to add information, than to simplify what we already know. You must paint a 1000 miles of canvas, then you will be a master.” –Bongart Each day is a learning experience in the studio. I look on my paintings as “music for the deaf”. Instead of notes of music, they’re notes of color, harmony & simplicity. I now paint from my Boise studio. Meridian City Council Meeting Agenda January 23, 2018 – Page 224 of 363 Be r t H i n e r Meridian City Council Meeting Agenda January 23, 2018 – Page 225 of 363 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the23 day of � dMIN 201 (`Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Angela Stout, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal'), for the display of artwork in Initial Point Gallery; WHEREAS, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that. Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, the Meridian City Council has accepted. such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on Friday, April 27, 2018, at such time as is specified by the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on Friday, April 27, 2018, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from Friday, April 27, 2018 through Thursday, May 31, 2018, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on Friday, June 1, 2018, at such time as is specified by the Gallery Curator. ACCEPTANCE AGREEMENT -INITIAL POINT GALLERY DISPLAY PAGE I ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 2 II. COMPENSATION AND SALE OF ARTWORK . A. No compensation. Artist shall display Artist’s artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist’s work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission’s request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE . Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION . A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator between Friday, March 2, 2018 and Monday, April 2, 2018 to confirm details regarding the installation, removal, publicity, and promotion of the exhibit . Artist’s failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A , and the Application and Acknowledgements Form attached hereto in Exhibit B , as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B , or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require Meridian City Council Meeting Agenda January 23, 2018 – Page 227 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 3 the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY . A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City’s authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist’s name. Artist hereby conveys to City permission to use Artist’s name for purposes of advertising, marketing, and public information, without violation of Artist’s rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist’s logo, if any, for any purpose without the express, written permission of Artist. D. Use of City’s name. City hereby conveys to Artist permission to use City’s name for purposes of advertising, marketing, and public information, without violation of City’s rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City’s logo for any purpose without the express, written permission of the Mayor’s Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist’s artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist’s artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City’s sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. Meridian City Council Meeting Agenda January 23, 2018 – Page 228 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 4 VI. INDEMNIFICATION , WAIVER , AND INSURANCE . A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist’s servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist’s performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist’s responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists’ rights or obligations described herein. Insurance of the artwork; of the Artist’s person, property, or interests; and/or of the Artist’s employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist’s insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker’s compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION . A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. Meridian City Council Meeting Agenda January 23, 2018 – Page 229 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 5 D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS . A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination . In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law . The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies . All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist’s obligations under this Agreement that require or that may require Artist’s artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist’s artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. Meridian City Council Meeting Agenda January 23, 2018 – Page 230 of 363 I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail; addressed as follows. Artist: it Angela Stout Hillary Bodnar 7782 W. Grubstake Initial Point Gallery Curator Boiso, ID 83709 33 E. Broadway Ave. Meridian ID 83642 Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date written above. ARTIST; r, Angelgel. Stout CITY OF MERIDIAN: 001 BY: Tatem a eerd, Mayor (' 0 EDAljo& Attest: " �Q S�. C. y Coles, C ty Clerk O � 2V � o C -/VI Et �IDIAN� -4 OAHO1 SE ACCEPTANCE AGRELMENr-INITIAL POINT GALLURY DISPLAY PAGE 6 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 7 EXHIBIT A CALL TO ARTISTS Meridian City Council Meeting Agenda January 23, 2018 – Page 232 of 363 Call for Artists: 2018 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2018 Initial Point Gallery Series, a series of one to two-month exhibitions in Initial Point Gallery. MAC aims to have multiple artists in the space each month. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 100 feet of total wall space for hanging two-dimensional artwork, which is broken into fourths, and four enclosed display cases for three-dimensional artwork. Approximately 20 pieces fill half of the gallery space. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: All artists in the region are welcome to apply, but artists must meet installation and removal time restrictions. Two- dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art. Selectees must fill all or half of the gallery. Three-dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery’s equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply annually and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists’ work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2017 Initial Point Gallery Series must provide the following materials and information to MAC via email in order to be considered for selection. Completed, signed Application & Acknowledgements form; 250-word informational paragraph about the artist or organization; Three (3) - Six (6) digital images representational of the works proposed for display; and 35 gallery maintenance fee, upon acceptance. Details and forms are available at the City’s website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 6, 2017. SELECTION PROCESS: The selection of art for the 2018 Initial Point Gallery Series will be made by MAC. MAC may group more than one artist in each exhibit to make a cohesive show. MAC will notify selectees by email. In evaluating eligible proposals, the following factors will be considered: Adherence to the Call to Artists; Quality of work; Appropriateness of subject and concept for a functioning government workplace; Consistency with City policy and community values; and Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: Limited volunteers to assist artist/organization with installing and removing each piece of artwork; Track system for hanging 2D art and four enclosed pedestals for 3D art; Space for artist information; and Limited publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission 33 East Broadway Avenue Meridian ID 83642 By e-mail: mac@meridiancity.org Meridian City Council Meeting Agenda January 23, 2018 – Page 233 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 9 EXHIBIT B ARTIST ’S PROPOSAL Meridian City Council Meeting Agenda January 23, 2018 – Page 234 of 363 Meridian City Council Meeting Agenda January 23, 2018 – Page 235 of 363 Meridian City Council Meeting Agenda January 23, 2018 – Page 236 of 363 Texture: Making the Ordinary Extraordinary Angela Kathleen Stout’s art takes an ordinary landscape subject and makes it extraordinary with highly textured, sculpted cloth. I have 4 large pieces that are about 48 x 60 and 8 smaller pieces that range from 24x32 – 24x48 that can fill the gallery. I will be publicizing my show through my many connections on Social Media and through email. Images included as a sample of what I propose to hand in my email are as follows: Forest light 48x60 mixed media (cloth and paint on recycled canvas) Like Ducks on water 24x28 mixed media (cloth and paint on recycled canvas) Spirit of Boise 48x72 mixed media (cloth, plaster, and paint on canvas) Grove of Trees 24x32 mixed media (cloth and paint on wood) Grove of Birch 40x50 mixed media (cloth and paint on recycled canvas) Beach 36x48 mixed media (cloth and paint on recycled canvas) Meridian City Council Meeting Agenda January 23, 2018 – Page 237 of 363 An g e l a S t o u t Meridian City Council Meeting Agenda January 23, 2018 – Page 238 of 363 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 2S day of JQ RL 201, ("Effective Date"), by and between the City of Meridian, a municipal corporation �J organized under the laws of the State of Idaho ("City"), and Dan and Sharona Schoger, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, the Meridian City Council has accepted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on Friday, June 29, 2018, at such time as is specified by the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on Friday, June 29, 2018, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from Friday, June 29, 2018 through Thursday, July 26, 2018, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on Friday, August 3, 2018, at such time as is specified by the Gallery Curator. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 1 Meridian City Council Meeting Agenda January 23, 2018 – Page 240 of 363 Meridian City Council Meeting Agenda January 23, 2018 – Page 241 of 363 Meridian City Council Meeting Agenda January 23, 2018 – Page 242 of 363 Meridian City Council Meeting Agenda January 23, 2018 – Page 243 of 363 I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Artist: Dan and Sharona Schoger 2800 N. Bogus Basin Rd. #C-104 Boise, ID 83702 City Hillary Bodnar Initial Point Gallery Curator 33 E. Broadway Ave. Meridian ID 83642 Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date written above. ARTIST: Dan Schog CITY OF MERIDIAN: BY: Tammy de eerd, Mayor �QORATEDAVG GO GSA T Of C) E jD1AN�. SEAL • / Sharona Schoger Attest: C Jay Coles, C ty Clerk ACCEPTANCE AGREEMENT - INrrIAL POINT GALLERY DISPLAY PAGE 6 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINTGALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the2 day of UO , 2018 (`Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Holly Badke, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, the Meridian City Council has accepted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on Friday, August 31, 201.8, at such time as is specified by the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on Friday, August 31, 2018, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from Friday, August 31, 2018 through Thursday, September 27, 2018, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on Friday, September 28, 2018, at such time as is specified by the Gallery Curator. ACCEPTANCE.AGRBEMENT - INITIAL POINT GALLERY DISPLAY PAGE 1 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 2 II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist’s artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist’s work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission’s request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV.INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator between Friday, June 29, 2018 and Monday, July 30, 2018 to confirm details regarding the installation, removal, publicity, and promotion of the exhibit. Artist’s failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require Meridian City Council Meeting Agenda January 23, 2018 – Page 246 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 3 the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City’s authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist’s name. Artist hereby conveys to City permission to use Artist’s name for purposes of advertising, marketing, and public information, without violation of Artist’s rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist’s logo, if any, for any purpose without the express, written permission of Artist. D. Use of City’s name. City hereby conveys to Artist permission to use City’s name for purposes of advertising, marketing, and public information, without violation of City’s rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City’s logo for any purpose without the express, written permission of the Mayor’s Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist’s artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist’s artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City’s sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. Meridian City Council Meeting Agenda January 23, 2018 – Page 247 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 4 VI.INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist’s servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist’s performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist’s responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists’ rights or obligations described herein. Insurance of the artwork; of the Artist’s person, property, or interests; and/or of the Artist’s employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist’s insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker’s compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. Meridian City Council Meeting Agenda January 23, 2018 – Page 248 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 5 D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist’s obligations under this Agreement that require or that may require Artist’s artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist’s artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. Meridian City Council Meeting Agenda January 23, 2018 – Page 249 of 363 I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Artist: CW Holly Badke Hillary Bodnar 651 N. Strata Via Way Initial Point Gallery Curator Boise, ID 83712 33 E. Broadway Ave. Meridian ID 83642 Either parry may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date written above. ARTIST: j a Holly BadCe CITY OF MERIDIAN: BY: T Weerd, Mayor <rVoVATEDgUG�s ur o w E IDIAM m 'DAHD SEAL TRE Attest: - C y Cole ity Jerk ACCEPTANCE AGREEMENT - 7NrnAL POINT GALLERY DISPLAY PAGE 6 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 7 EXHIBIT A CALL TO ARTISTS Meridian City Council Meeting Agenda January 23, 2018 – Page 251 of 363 Call for Artists: 2018 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2018 Initial Point Gallery Series, a series of one to two-month exhibitions in Initial Point Gallery. MAC aims to have multiple artists in the space each month. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 100 feet of total wall space for hanging two-dimensional artwork, which is broken into fourths, and four enclosed display cases for three-dimensional artwork. Approximately 20 pieces fill half of the gallery space. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: All artists in the region are welcome to apply, but artists must meet installation and removal time restrictions. Two- dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art. Selectees must fill all or half of the gallery. Three-dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery’s equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply annually and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists’ work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2017 Initial Point Gallery Series must provide the following materials and information to MAC via email in order to be considered for selection. Completed, signed Application & Acknowledgements form; 250-word informational paragraph about the artist or organization; Three (3) - Six (6) digital images representational of the works proposed for display; and 35 gallery maintenance fee, upon acceptance. Details and forms are available at the City’s website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 6, 2017. SELECTION PROCESS: The selection of art for the 2018 Initial Point Gallery Series will be made by MAC. MAC may group more than one artist in each exhibit to make a cohesive show. MAC will notify selectees by email. In evaluating eligible proposals, the following factors will be considered: Adherence to the Call to Artists; Quality of work; Appropriateness of subject and concept for a functioning government workplace; Consistency with City policy and community values; and Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: Limited volunteers to assist artist/organization with installing and removing each piece of artwork; Track system for hanging 2D art and four enclosed pedestals for 3D art; Space for artist information; and Limited publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission 33 East Broadway Avenue Meridian ID 83642 By e-mail: mac@meridiancity.org Meridian City Council Meeting Agenda January 23, 2018 – Page 252 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 9 EXHIBIT B ARTIST ’S PROPOSAL Meridian City Council Meeting Agenda January 23, 2018 – Page 253 of 363 Meridian City Council Meeting Agenda January 23, 2018 – Page 254 of 363 Meridian City Council Meeting Agenda January 23, 2018 – Page 255 of 363 Holly Badke Holly Badke found her passion in art after her children were grown, and she had time to develop a childhood talent. Holly’s paintings speak from her life experience. She paints images of places, people, and animals she has encountered on world travels with her husband. She also paints the spectacular scenery of Idaho where she has lived for the past 30 years. She has exhibited her art at “Art and Roses”, Meridian City Hall, Garden City Library, the Saint Luke’s Christmas Card Show and Art Wall, the State Capitol Rotunda, the Idaho Watercolor Society juried show at Boise State University, the Cathedral of the Rockies, and Saint Alphonsus. Holly is the recipient of several local and international awards including a Saint Luke’s designated Christmas card in 2005 and 2006, a winner in the 3rd Annual International Strings Art Competition Allegretto--a painting of her daughter), and a featured work (High Adventure) in Horizon Magazine. She has been a member of the Idaho watercolor Society which provides her the opportunity to study with outstanding artists from around the United States. Holly is also grateful to the late Will Nelson for the many techniques she has learned in his art classes. Meridian City Council Meeting Agenda January 23, 2018 – Page 256 of 363 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITK POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the,9.3 day of 91 201$ ("Effective Date"), by and between the City of Meridian, a municipal. corporation organized under the laws of the State of Idaho ("City"), and Jessica Tookey, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, the Meridian City Council has accepted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on Friday, November 2, 2018, at such time as is specified by the Gallery Curator, artwork. which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on Friday, November 2, 2018,.at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from Friday, November 2, 2018 through Wednesday, November 28, 2018, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on Friday, November 30, 2018, at such time as is specified by the Gallery Curator. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 1 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 2 II. COMPENSATION AND SALE OF ARTWORK . A. No compensation. Artist shall display Artist’s artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist’s work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission’s request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE . Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION . A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator between Thursday, August 30, 2018 and Sunday, September 30, 2018 to confirm details regarding the installation, removal, publicity, and promotion of the exhibit . Artist’s failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A , and the Application and Acknowledgements Form attached hereto in Exhibit B , as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B , or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require Meridian City Council Meeting Agenda January 23, 2018 – Page 258 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 3 the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY . A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City’s authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist’s name. Artist hereby conveys to City permission to use Artist’s name for purposes of advertising, marketing, and public information, without violation of Artist’s rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist’s logo, if any, for any purpose without the express, written permission of Artist. D. Use of City’s name. City hereby conveys to Artist permission to use City’s name for purposes of advertising, marketing, and public information, without violation of City’s rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City’s logo for any purpose without the express, written permission of the Mayor’s Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist’s artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist’s artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City’s sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. Meridian City Council Meeting Agenda January 23, 2018 – Page 259 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 4 VI. INDEMNIFICATION , WAIVER , AND INSURANCE . A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist’s servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist’s performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist’s responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists’ rights or obligations described herein. Insurance of the artwork; of the Artist’s person, property, or interests; and/or of the Artist’s employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist’s insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker’s compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION . A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. Meridian City Council Meeting Agenda January 23, 2018 – Page 260 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 5 D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS . A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination . In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law . The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies . All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist’s obligations under this Agreement that require or that may require Artist’s artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist’s artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. Meridian City Council Meeting Agenda January 23, 2018 – Page 261 of 363 I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Artist: City Jessica Tookey Hillary Bodnar .5504 S. Saddle St. Initial Point Gallery Curator Boise, ID 83709 33 E. Broadway Ave. Meridian ID 83642 Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date written above. ARTIST: Je, cey CITY OF MERIDIAN: BY: Tammy e eerd, Mayor ORPTED A(�CG 2 � 0 'ily of w E IDIAN�, � IDAHO SEAL Attest: AccEPTANCE AGREEMENT- INITIAL POINT GALLERY DISPLAY PAGE 6 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 7 EXHIBIT A CALL TO ARTISTS Meridian City Council Meeting Agenda January 23, 2018 – Page 263 of 363 Call for Artists: 2018 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2018 Initial Point Gallery Series, a series of one to two-month exhibitions in Initial Point Gallery. MAC aims to have multiple artists in the space each month. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 100 feet of total wall space for hanging two-dimensional artwork, which is broken into fourths, and four enclosed display cases for three-dimensional artwork. Approximately 20 pieces fill half of the gallery space. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: All artists in the region are welcome to apply, but artists must meet installation and removal time restrictions. Two- dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art. Selectees must fill all or half of the gallery. Three-dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery’s equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply annually and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists’ work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2017 Initial Point Gallery Series must provide the following materials and information to MAC via email in order to be considered for selection. Completed, signed Application & Acknowledgements form; 250-word informational paragraph about the artist or organization; Three (3) - Six (6) digital images representational of the works proposed for display; and 35 gallery maintenance fee, upon acceptance. Details and forms are available at the City’s website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 6, 2017. SELECTION PROCESS: The selection of art for the 2018 Initial Point Gallery Series will be made by MAC. MAC may group more than one artist in each exhibit to make a cohesive show. MAC will notify selectees by email. In evaluating eligible proposals, the following factors will be considered: Adherence to the Call to Artists; Quality of work; Appropriateness of subject and concept for a functioning government workplace; Consistency with City policy and community values; and Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: Limited volunteers to assist artist/organization with installing and removing each piece of artwork; Track system for hanging 2D art and four enclosed pedestals for 3D art; Space for artist information; and Limited publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission 33 East Broadway Avenue Meridian ID 83642 By e-mail: mac@meridiancity.org Meridian City Council Meeting Agenda January 23, 2018 – Page 264 of 363 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 9 EXHIBIT B ARTIST ’S PROPOSAL Meridian City Council Meeting Agenda January 23, 2018 – Page 265 of 363 I appreciate the opportunity to share my automobile exhibit with you. I have been told that I have an amazing skill of painting chrome; so, I propose to fill the gallery with paintings of Classic automobiles. These paintings will be comprised of not only bright and shiny classic autos, but also those left to rust in a field – these, I find most moving. They make me think of how much hope people have when first pursuing something, then…as time goes, the hope fades and some people abandon their plans. I hope to share this exhibit to inspire others to pursue their passions, regardless of the obstacles and time that stand in their way. I will begin my automobile series in November of 2017 and complete them by the first of September of 2018. I plan to have up to 20 paintings ranging in sizes from 11”x14” to 48”x60”. I will mostly use acrylic paints but will also do some oil painting as well. The pricing will vary from $750 to $3500 based on the size of the canvas. If selected, I will advertise the display through social media, various business groups I participate in, and event advertisers online. This year, I had a huge number of people come out to support the exhibit and my “fan base” continues to grow with many people advertising my art for me. There are no atypical issues for hanging my work. Again, I thank you for your consideration and appreciate your time! Sincerely, Meridian City Council Meeting Agenda January 23, 2018 – Page 266 of 363 Meridian City Council Meeting Agenda January 23, 2018 – Page 267 of 363 Meridian City Council Meeting Agenda January 23, 2018 – Page 268 of 363 Je s s i c a T o o k e y Meridian City Council Meeting Agenda January 23, 2018 – Page 269 of 363 City Council Meeting Meeting Date: January 23, 2018 Agenda Item Number: Project/File Number: Item Title: First Amendment to Memorandum of Agreement between the City and MDC First Amendment to Memorandum of Agreement Between the City of Meridian and Meridian Development Corporation for Implementation and Construction of MDC Improvements for Pine Avenue Project Meeting Notes FIRST AMENDMENT TO MEMORANDUM OF AGREEMENT BETWEEN CITY OF MERIDIAN AND MERIDIAN DEVELOPMENT CORPORATION FOR IMPLEMENTATION AND CONSTRUCTION OF MDC IMPROVEMENTS FOR PINE AVENUE PROJECT This FIRST AMENDMENT MEMORANDUM OF AGREEMENT BETWEEN CITY OF MERIDIAN AND MERIDIAN DEVELOPMENT CORPORATION FOR IMPLEMENTATION AND CONSTgUCTION OF MDC IMPROVEMENTS FOR PINE AVENUE PROJECT is entered into this 2.3r day of January 2018 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Meridian Development Corporation, an urban renewal agency established under the laws of the state of Idaho ("MDC"). WHEREAS, on November 22, 2016, City and MDC entered into a MEMORANDUM OF AGREEMENT BETWEEN CITY OF MERIDIAN AND MERIDIAN DEVELOPMENT CORPORATION FOR IMPLEMENTATION AND CONSTRUCTION OF MDC IMPROVEMENTS FOR PINE AVENUE PROJE ("Agreement") to cooperatively fund certain improvements located along Pine Avenue; and WHEREAS, the Parties learned that certain trees were not included in the Agreement as being the responsibility of MDC and the Parties would lice to amend their Agreement to include additional funds to purchase trees to be included in the landscaping improvements along Pine Avenue in an amount not to exceed thirty-two thousand dollars ($32,500.00); NOW, THEREFORE, in consideration of the mutual covenants of the parties contained herein and in the November 22, 2018 Agreement, the Parties agree as follows: I. The Parties hereby agree that additional funds in an amount not to exceed thirty-two thousand five hundred dollars ($32,500.00) are to be included in the amount to be reimbursed to the City under Agreement. These funds are for trees which are to be included in the improvements to be completed along Pine Avenue under the Agreement. H. Except as expressly modified by this First Amendment or other duly executed addenda, all provisions of the November 22, 2016 Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: Meridian Development Corporation f s B Dan Basalone, Chairman FIRST AMENDMENT TO FINE AVENUE AGREEMENT-- MERIDIAN DEVELOPMENT CORPORATION PAGE I OF 2 CITY: PEED AUGUST City of Meridian Qo9 Attest: o� 'mow = cily of A140 Y_:By: T y e eer ; Mayor y SEAL v y Col ity Clerk FIRST AMENDMENTTo PINE AVENUE AGREEMENT- MERIDIAN DEVELOPMENT CORPORATION PAGE 2 or 2 City Council Meeting Meeting Date: January 23, 2018 Agenda Item Number: Project/File Number: Item Title: Memorandum of Agreement with Meridian Downtown Business Association and Tour Buddy App Partnership Meeting Notes 9 MEMORANDUM OF AGREEMENT BETWEEN CITY OF MERIDIAN AND MERIDIAN DOWNTOWN BUSINESS ASSOCIATION FOR CONTRIBUTION TO TOUR BUDDY COMPUTER APPLICATION This MEMORANDUM OF AGREEMENT ("Agreement") is made this 23rAday of 2018 ("Effective Date"), by and between the City of Meridian's Historic Preservatio ommission ("HPC"), on behalf of the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Meridian Downtown Business Association ("MDBA'), an organized association of businesses primarily located in the downtown business district of the City of Meridian (collectively, "Parties"). WHEREAS, the Parties desire that a partnership be formed between the City, HPC, and the MDBA to create and supply for public use a Computer Application through the company Tour Buddy ("Tour Buddy App") to provide an historical walking tour experience with parallel marketing of MDBA member businesses; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. CrrY's RESPONSIBILITIES. A. Tour Buddy App production. Between the effective date of this Agreement and September 30, 2018, City agrees to provide MDBA with administrator access to Tour Buddy App to allow them to upload their content to the downtown business marketing component of the Tour Buddy App. B. Invoice MDBA. City shall pay for all costs of constructing and release of the Tour Buddy App, including both the historical walking tour and downtown business marking components, through September 30, 2017. Upon acceptance of this Agreement, City shall provide one (1) invoice to MDBA by March 1 of each year, in the amount of fifty percent (50%) of the annual maintenance fee for the continuation of Tour Buddy App. It is estimated that in March of 2018 such amount will be approximately five hundred dollars ($500.00), City shall communicate to MDBA any increase in the cost of the maintenance prior to issuance of the annual invoice to MBDA by March 1 of each year. II. MDBA's RESPONSIBILITIES.. A. Reimbursement. Within thirty (3.0) days of receipt of City's invoice, MDBA shall provide payment to City in. the amount invoiced, not to exceed fifty percent (50%), of the annual maintenance fee for the continuation of Tour Buddy App. B. Monitor content. MDBA shall ensure that the content provided by MDBA and its members for the downtown business marketing component of the Tour Buddy App will not contain profane, obscene, indecent, violent, or pornographic content and/or language; content that promotes, fosters_ or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, or national origin; defamatory or personal attacks; threats to any MEMORANDUM of AGREEMENT FOR TOUR BUDDY APP PARTNERSHIP PAGE 1 of 3 person or organization; content that promotes, fosters or perpetuates conduct in violation of any .federal, state or local law; content that encourages or incites illegal activity; information that may tend to compromise the safety or security of the public or public systems; or content that violates a known legal ownership interest, such as a copyright, of any party. III. GENERAL TERMS. A. Term. It is acknowledged by the parties that the Tour Buddy App was launched in May 2017. This Agreement begins immediately upon execution and shall remain in effect through September 30, 2018. Subject to City's appropriation of funds, this Agreement shall automatically be renewed from year to year thereafter unless written notice of termination is given by either party to the other in the manner set forth herein. B. Ownership of Tour Buddy App and content. The Tour Buddy App and all content provided by HPC for use in the historical walking tour component thereof shall be owned by the City. City has the right to continue or discontinue use and/or support of the historical walking tour component of the Tour Buddy App at its sole choosing, with or without the MDBA as a partner, in accordance with the termination clause below. The downtown business marketing component of the Tour Buddy App and all content provided. by MDBA for use therein shall be owned by MDBA. MDBA has the right to continue or discontinue use and/or support of the historical walking tour component of the Tour Buddy App at its sole choosing, with or without the City as a partner, in accordance with the termination clause below. Each party agrees that it will modify, edit, remove, or replace only the content that appears in its respective component of the Tour Buddy App, and shall assume no responsibility for or association with the content appearing on the other's component. MDBA shall assume complete and sole responsibility for, and shall indemnify and save and hold harmless City from, any and all liabilities, losses, claims, actions, judgments for damages, expenses, or injury to any person or to property arising as a result of any infringement by MDBA or its members of or upon any intellectual property rights, whether intentional or unintentional, known or unknown,, including any copyright, trademark, or patent, arising out of the reproduction or use in any manner of any images, designs, information, or other material created or used by MDBA or its members in the downtown business marketing component of the Tour Buddy App. C. Notice. Notice required to be provided by either of the parties under this Agreement shall be in writing and be deemed communicated when mailed by United States Mail, addressed as follows: City: City of Meridian City Clerk Attn: Hillary Bodnar 33 E. Broadway Avenue Meridian ID 83642. MDBA: Meridian Downtown Business Association Nick Grove, Board. President PO Box 1393 Meridian ID 83642 Either party may change its address for the purpose of this paragraph by giving formal notice of such change to the other in the manner herein provided. D. Entire agreement; modification. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement, and MEMORANDUM OF AGREEMENT FOR TOUR BUDDY APP PARTNERSHIP PAGE 2 OF 3 supersedes all prior agreements, understandings, negotiations, representations, and discussions, whether verbal or written, of the parties pertaining to that subject matter. The Agreement may not be changed, amended, or superseded unless by means of writing executed by both Parties hereto. E. Termination. Either party may terminate this Agreement in whole, or in part, due to convenience, non -appropriation, or when either or both parties agree that the continuation of this Agreement is not in the parties' best interest, by providing thirty (30) days written notice. If MDBA is the terminating party, City shall be entitled to receive reimbursement for payments made for services provided to the date of termination. If City is the terminating party, MDBA shall be entitled to reimbursement of a negotiated pro -rata share of MDBA's contribution for any services that have not been provided at the time of termination. F. Severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. G. Applicable Law. The Agreement shall be governed by the laws of the State of Idaho and jurisdiction for any disputes arising hereunder shall be in the Fourth Judicial District, Ada County, Idaho. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of 4 a J UC r Y , 2018. MERIDIAN DOWNTOWN BUSINESS ASSOCIATION � WUNATURE V(_k Grove, Prp_S � d e'n- " BY (PRINT NAME, TITLE CITY OF MERIDIAN: QOE ;" AUG�SI, Attest: o'_ C11.V of w � E IDIAN�_— j Tammy—de— eerd, Mayor D A H O SEAL C. ay Cole , i Clerk MEMORANDUM OF AGREEMENT FOR TOUR BUDDY APP PARTNERSHIP PAGE 3 OF 3 City Council Meeting Meeting Date: January 23, 2018 Agenda Item Number: (_ T Project/File Number: Item Title: License Agreement with Treasure Valley Children's Theatre For Use Of Garage Bay Meeting Notes LICENSE AGREEMENT WITH TREASURE VALLEY CHILDREN'S THEATER FOR USE OF GARAGE BAY This LICENSE AGREEMENT WITH TREASURE VALLEY CHILDREN'S THEATER FOR USE OF GARAGE BAY ("Agreement") is made and entered into this n day of January, 2018 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Treasure Valley Children's Theater, a nonprofit corporation organized under the laws of the State of Idaho (hereinafter "TVCT"). WHEREAS, City owns property and facilities, including garages, at 489 N. Meridian Road, in Meridian, Idaho, Ada County parcel no. R8342000355 ("Property"); WHEREAS, TVCT is in need of an indoor facility in which to construct and store theater sets, and City is willing to allow the use of a garage bay at Property, delineated as "Bay 2" on Exhibit A hereto, for such purpose; and NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, City and Licensee agree as follows: I. License granted. City, for and in consideration of the covenants and conditions set forth in this Agreement, and agreed to be kept and performed by Licensee, does hereby provide to Licensee a license to use the garage bay identified as "Bay 2" on Exhibit hereto for the purpose of constructing and storing theater sets and related activities. The portion of the Property utilized for this purpose shall be referenced hereinafter as "Licensed Area." Licensee shall not use the Licensed Area for any other purpose without the express written consent of City. II. Term. The term of this Agreement shall be deemed to have commenced on the Effective Date and shall terminate on December 31, 2018, unless earlier terminated by either Party by the method established herein or extended by written agreement of the Parties. III. Day-to-day communication. A. Primary Source of Contact for Licensee. Licensee shall provide City the name, e-mail address, and telephone number of specific personnel ("Licensee Contact") who shall serve as Licensee's primary contact between Licensee and City for all day-to-day matters regarding Licensee's use of Licensed Area. B. Primary Source of Contact for City. City shall provide Licensee the name, e-mail address, and telephone number of specific City personnel ("City Contact") who shall serve as City's primary contact between City and Licensee for all day-to-day matters regarding Licensee's use of Licensed Area. IV. Rights and responsibilities of Licensee. With regard to Licensee's use and occupancy of the Licensed Area under this Agreement, Licensee shall be responsible for each and all of the following. LICENSE AGREEMENT WITH TVCT PAGE 1 OF 5 A. Good repair. Licensee shall be solely responsible for ensuring that its use of Property does not damage or interfere with or degrade City's facilities or operations, or present any threat to the health and safety of Licensee's invitees and volunteers, or the public. B. Repair of Licensed Area. Licensee shall be responsible for all costs related to restoration or repair of the Licensed Area necessitated by damage caused by Licensee's use thereof under this Agreement. Following City's restoration or repair of Licensed Area necessitated by damage caused by Licensee's use thereof under this Agreement, City shall invoice Licensee for City's actual costs of such work. Licensee shall pay such invoice in full within thirty (30) days of City's invoice. This provision shall survive for one (1) year following expiration or termination of this Agreement. C. Assumption of risk. Licensee acknowledges that activities undertaken pursuant to this Agreement carry risks, some of which are unknown, and accepts any and all such risks. Other than tortious act by City, no circumstance shall obligate City to repair or replace Licensee's property at City's expense. D. Acceptance as is. Licensee acknowledges that Licensee has inspected the Licensed Area and does hereby accept same as being in good and satisfactory order, condition, and repair. It is understood and agreed that City makes no warranty or promise as to the condition, safety, usefulness or habitability of the Licensed Area. Licensee accepts the Licensed Area "as is." E. Indemnification. Licensee specifically indemnifies City and holds City harmless from any loss, liability, claim, judgment, or action for damages or injury to Licensee, to Licensee's personal property or equipment, and to Licensee's employees, agents, guests or invitees arising out of or resulting from the condition of City property or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of City or its employees. Licensee further agrees to indemnify and hold City harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the use and occupancy of the Licensed Area by Licensee or by Licensee's agents, employees, guests or business invitees and not caused by or arising out of the tortious conduct of City or its employees. If any claim, suit or action is filed against City for any loss or claim described in this paragraph, Licensee, at City's option, shall defend City and assume all costs, including attorney's fees, associated with the defense or resolution thereof, or indemnify City for all such costs and fees incurred by City in the defense or resolution thereof. F. Liability insurance. Licensee shall maintain, and specifically agrees that Licensee will maintain throughout the term of this Agreement, liability insurance, in which City shall be named an additional insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City; and if City becomes liable for an amount in excess of the insurance limits herein provided, Licensee covenants and agrees to indemnify and save and hold harmless City from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. Licensee shall provide City with a certificate of insurance or other proof of insurance LICENSE AGREEMENT WITH TVCT PAGE 2 OF 5 V. VI. evidencing Licensee's compliance with the requirements of this paragraph. In the event the insurance minimums are changed, Licensee shall immediately submit proof of compliance with the changed limits. G. Property insurance. Licensee may; at Licensee's option, maintain property insurance for property placed or stored in Licensed Area. City shall not maintain property insurance on Licensee's behalf. Rights and responsibilities of City. With regard to Licensee's use and occupancy of the Licensed Area under this Agreement, City shall be responsible for the following. A. Right of entry. City and City's contractors, employees, agents, and invitees, shall be authorized , at all times, to inspect the Licensed Area and personal property located thereon, for the purposes of inspection for compliance with the terms of this License Agreement, for the exercise of City's rights hereunder, and for all other lawful purposes. B. No utilities. City shall not provide utilities or infrastructure of any kind related to Licensee's use and occupancy of the Licensed Area. Specifically, without limitation, City shall not provide water services, sewer services, trash collection, heat, air conditioning, or security. General provisions. A. Termination. Either party may terminate this Agreement for convenience or for cause. Termination shall be effective fourteen (14) days following mailing of written notice. Upon termination or expiration of this License Agreement, City may remove all of Licensee's equipment and personal property from the Licensed Area and notify Licensee that Licensee may claim its equipment from City Contact during business hours. Licensee agrees to surrender possession and occupancy of the Licensed Area peaceably at the termination of this Agreement and any renewal or extension thereof. B. Notices. Communication between the Licensee Contact and the City Contact regarding day-to-day matters (e.g., installation, maintenance, and access to Licensed Area) shall occur via e-mail or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed by U.S. mail, postage prepaid. Notices shall be addressed as follows: Licensee: Meridian: Autumn Kersey City of Meridian Treasure Valley Children's Theater Public Works Director P.O. Box 9144 33 E. Broadway Avenue Boise ID 83707 Meridian ID 83642 C. Limitation of liability. Notwithstanding anything in this agreement to the contrary, City shall not be liable or obligated, and Licensee shall hold City harmless, with respect to any subject matter of this agreement or under contract, negligence, strict liability or any other legal or equitable theory, for the following: LICENSE AGREEMENT WITH TVCT PAGE 3 of 5 1. Any special, punitive, incidental or consequential damages (including, without limitation, for any lost profits, cost of procurement of substitute goods, technology, services or rights); 2. Interruption of use of Licensee's equipment or access to personal property; 3. Security breach, including theft, vandalism, or other crime; or 4. Any other matter beyond City's reasonable control. This provision shall survive termination of this Agreement. D. No agency. It is further understood and agreed Licensee shall not be considered an agent of City in any manner or for any purpose whatsoever in Licensee's use and occupancy of the Licensed Area. E. No waiver. City's waiver on one or more occasion of any breach or default of any term, covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach or default of the same or a different term, covenant or condition, nor shall such waiver operate to prejudice, waive, or affect any right or remedy City may have under this Agreement with respect to such subsequent default or breach by Licensee. F. No assignment. Licensee shall not assign, sublicense or transfer the Licensed Area, or any portion thereof, or cause or suffer any alterations thereto, other than as specified in this Agreement, without the express written consent of City. Any assignee, sublicensee, or transferee shall be bound by all terms of this Agreement. G. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements, leases, or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. TREASURE VALLEY CHILDREN'S THEATER: 13Y., Autumnlkerscy CITY IM LICENSE AGREEMENT WITH TVCT PAGE 4 OF 5 LICENSE AGREEMENT WITH TVCT PAGE 5 OF 5 EXHIBIT A LICENSED AREA – BAY 2 Meridian City Council Meeting Agenda January 23, 2018 – Page 282 of 363 City Council Meeting Meeting Date: January 23, 2018 Agenda Item Number:�_ . .... .... . .. . .................... _...... .......... -........... ---. ........ ........ - - -- - -- -- - ..__...------ _ ..--- ...... - ---..... ---- Project/File Number: Item Title: AP Invoices for Payment AP Invoices for Payment on 1/24/18 - $1,151,455.85 Meetina Notes City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund ACCURA OUTDOORS Firearms Training Targets - Qty 125 81.25 01 General Fund ADA COUNTY SHERIFF'S OFFICE Inmate Housing for MPD, Dec 2017 623.32 01 General Fund AXON ENTERPRISE INC 18-0189, Tasers, Holsters, Cartridges, Batteries - Qty 137 12,994.79 01 General Fund BOWERS AUTO REPAIR 220/MF017, repair, fuel pump 832.03 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Accessory Battery for Unit # 524 116.96 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Battery for Unit # 156 116.96 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 166 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 167 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change, Headlight Bulb, Wipers & Air Filter # 144 135.41 01 General Fund Campbell Tractor Co.John Deere 1445 broom gauge wheels - qty 4 223.00 01 General Fund Campbell Tractor Co.Settlers John Deere 1600 mower repair & service 1,209.88 01 General Fund CANO ROOFING Refund Bid Bond Check for South Meridian Regional Park Bid P 3,315.60 01 General Fund CANYON TRUCK UPFITTERS backup beeper/alarm for fleet truck 15 - qty 1 18.90 01 General Fund CAREER UNIFORMS 2 shirts and 1 hat for Bill Young in Facilities 47.30 01 General Fund CELLEBRITE USA, CORP A-SOW-07-023 UFED Touch Ultimate SW Renewal 1/26/18-1/25/19 3,400.00 01 General Fund CHARLIE BUTTERFIELD Per Diem, C. Butterfield, ESO Wave Conference, Austin TX, 1/ 206.50 01 General Fund CITY OF BOISE - CITY PRINT & MAIL SERVICES Stickers, Invoices, Mirror Hangers, Warning & Trifolds 2,056.98 01 General Fund CIVIL SURVEY CONSULTANTS 17-0082,Water&Sewer,ACHD,Franklin/Flack Cat -Ten Mile 12/31 1,214.00 01 General Fund CLEARWATER LANDSCAPE & IRRIGATION, LLC. Five Mile Creek Pathway H2 landscape repairs 800.00 01 General Fund CLEARWATER LANDSCAPE & IRRIGATION, LLC. sod & sprinkler repairs at Kleiner Memorial garden 3,350.00 01 General Fund COMMUNITY PLANNING ASSOC FY18 Annual Compass Membership Dues - 2nd Quarter 3,611.75 01 General Fund CTA ARCHITECTS 17-0039 RWT Pathway design services contract - December 2017 188.46 01 General Fund CUSTOM GLASS, INC.Replaced 8 Windows in Chiefs Admin Office, 12/21/17 3,230.00 01 General Fund CUSTOM IMAGE, LLC uniform coat embroidery for B. Day 15.00 01 General Fund D & B SUPPLY spring for portable drafting board - qty 1 2.59 01 General Fund D & B SUPPLY trailer hand winch & wheels - qty 3 106.97 01 General Fund DONE RITE TREE CO.trunk & stump removal at Centennial Park 1,700.00 01 General Fund FBINAA ASSOCIATES 2018 Membership Dues for J.Lavey for FBINAA 105.00 01 General Fund G & R AG PRODUCTS INC ice melt broom parts for fleet truck 8 - qty 18 41.90 01 General Fund GERALD HENDRICK Per Diem, G. Hendrick, ESO WAVE Conference, Austin TX, 1/31/ 206.50 Date: 1/18/18 09:22:01 AM Page: 1Meridian City Council Meeting Agenda January 23, 2018 – Page 284 of 363 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund GLASS DOCTOR Windshield Replacement for Unit # 128 323.50 01 General Fund H.D. FOWLER COMPANY Bear Creek fertigation hardware - qty 27 736.97 01 General Fund HOME DEPOT CREDIT SERVICES 220/Training equip - bins, ice scraper, paint - qty 11 56.20 01 General Fund HOME DEPOT CREDIT SERVICES caster wheels - qty 2 27.94 01 General Fund HOME DEPOT CREDIT SERVICES Ceramic Space Heater w/Thermostat for J. Beehn 19.97 01 General Fund HOME DEPOT CREDIT SERVICES Glides, tread tape, clamps, 4SQ box, in-use cover, plunger 57.46 01 General Fund HOME DEPOT CREDIT SERVICES Totes,TapeMeasure,UtilityKnives,Screwdriver,HoleSaw...427.67 01 General Fund HRE LLC Tenzinga Performance Management Annual LIcense Fee 9th of 12 480.00 01 General Fund IACP POLICY CENTER IACP Membership Renewal, J. Lavey, 1/1/18-12/31/18 200.00 01 General Fund IDAHO BLUEPRINT & SUPPLY, INC.Foam Boards for Community Meeting 1/3/18 - Qty 8 53.92 01 General Fund IDAHO POWER 2200773816, City Hall Power January 2018 6,925.29 01 General Fund IDAHO POWER 2205054725, Police Power January 2018 -3,617.12 01 General Fund IDAHO STATE POLICE Background Testing & Fingerprinting, Qty 14 - December 2017 329.00 01 General Fund JOE BONGIORNO Per Diem, J. Bongiorno, Sprinkler System Plan Review Course, 160.00 01 General Fund KATHY DRURY-BOGLE, PHR 18-0145, BEST Development Program - Nov & Dec 2017 4,000.00 01 General Fund MERIDIAN TROPHY 20 Years of Support to K-9 Unit Plaque for K. Bird 84.00 01 General Fund MERIDIAN VETERINARY CLINIC Credit for E-Collar for Arco (8.62) 01 General Fund MERIDIAN VETERINARY CLINIC Vet Care for K9 Gus 43.50 01 General Fund MISTER CAR WASH Patrol Washes for Dec 2017 150.00 01 General Fund MOTOROLA Short Antennas for XTS 2500's for SWAT - Qty 5 93.10 01 General Fund NAPA AUTO PARTS 220/credit for wiper blades returned (33.98) 01 General Fund NAPA AUTO PARTS 220/MF017, Wiper blades 14.98 01 General Fund NAPA AUTO PARTS 220/Shop supplies, St. 2, steel wool, tape, rainx, antifreez 172.49 01 General Fund NAPA AUTO PARTS Hitch Pins for New Units #54 & 55 - Qty 2 14.58 01 General Fund NAPA AUTO PARTS Wipers for Unit # 33 24.98 01 General Fund NORCO cylinder rental for welding gas, qty 4 - December 2017 42.16 01 General Fund NORCO Gloves & safety glasses for Bill Young - Qty 3 40.62 01 General Fund OFFICE DEPOT, INC.80# Paper - Qty 1 Pk 9.70 01 General Fund OFFICE DEPOT, INC.monthly desk calendars, pens, tape - qty 8 40.95 01 General Fund OFFICE DEPOT, INC.Tabs - Qty 1 Pk 2.60 01 General Fund OFFICE DEPOT, INC.Toner, posted stamp, tape, white out, labels, copy paper 202.17 01 General Fund OFFICE TEAM Temp Labor, J. Hale, W/E 12/22/17, 39 Hrs, Records Retention 714.09 Date: 1/18/18 09:22:01 AM Page: 2Meridian City Council Meeting Agenda January 23, 2018 – Page 285 of 363 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund OFFICE TEAM Temp Labor, J. Hale, W/E 12/29/17, 28.5 Hrs-Record Retention 521.84 01 General Fund OFFICE VALUE - MERIDIAN Badge Printer Ribbon - Qty 1 81.55 01 General Fund OPTIV SECURITY INC Annual MSMU for the HIPswitch Appliance 100-E Platform 7,336.73 01 General Fund OXARC, INC.220/5 medical oxygen 28.00 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 29 67.50 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 8 71.00 01 General Fund PLATT ELECTRIC SUPPLY Conduit clips & cutting pliers - Qty 5 57.30 01 General Fund PORTAPROS, LLC portable toilet at Tully Park 12/13-12/15/17 197.00 01 General Fund Porter Lee Corporation Barcode Labels for Evidence - Qty 3,000 100.06 01 General Fund REAL ANIMAL MANAGEMENT 18-0030 goose management services - December 2017 2,700.00 01 General Fund RESOND FIRST AID SYSTEMS OF IDAHO Refilled Med cabinet in breakroom, gauze, hydrocortisone 6.88 01 General Fund ROCKY MOUNTAIN COLLISION 220/Repair L Van Side Panel on MF026 from accident 744.57 01 General Fund SAFETY ENTERPRISE, INC.December 2017: Hazard Review PowerPoint 75.00 01 General Fund SOUTHEASTERN SECURITY CONSULTANTS, INC. background check for contracted instructor - qty 1 18.50 01 General Fund SPF WATER ENGINEERING, LLC 16-0374 prof services Storey Park well engineering 12/2017 208.75 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF018, repair batteries failed load test, wipers 3,207.80 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF020, Decommision vehicle for auction 382.50 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF022, BR34, repair back up camera, side light 406.52 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF027, repair windshield wipers 257.13 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF037, repair front intake switch failed, driver seatbel 727.50 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF038, repair failed aux battery 216.75 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF040, install Thermal Imager camera, repair 208.26 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF040, Prev Mtnc 631.68 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF041, regen light issue 486.71 01 General Fund SYNCB/AMAZON 220/Ink cartridges, 3 299.96 01 General Fund SYNCB/AMAZON File sorter for C. Barney - Qty 1 24.86 Date: 1/18/18 09:22:01 AM Page: 3Meridian City Council Meeting Agenda January 23, 2018 – Page 286 of 363 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund SYNCB/AMAZON Nikon battery and charging cable for Facilities 27.98 01 General Fund SYRINGA NETWORKS, LLC 18-0041 Dark Fiber Lease (4 strands) - January 2018 1,150.00 01 General Fund SYRINGA NETWORKS, LLC MRC-Internet B/W (100MB) Prorate-Internet B/W(100MB)-Dec 201 784.52 01 General Fund T-ZERS SHIRT SHOP 220/Print furnished stock - qty 3 30.75 01 General Fund T-ZERS SHIRT SHOP 220/t-shirts & jackets for stock, qty 52 977.50 01 General Fund THE CAR PARK December 2017 Court House Parking 80.00 01 General Fund TOTAL SYSTEM SERVICES Reset all boilers after gas leak shut them down @ City Hall 123.00 01 General Fund ULTRA TOUCH CAR WASH 220/Small engine fuel 13.75 01 General Fund UNIFORMS 2 GEAR 220/ 1/4 Zip Job Shirts - Qty 7 489.93 01 General Fund UNIFORMS 2 GEAR 220/6 belts 162.00 01 General Fund UNIFORMS 2 GEAR 220/Boots for P. Schepper - Qty 1 Pair 263.00 01 General Fund UNIFORMS 2 GEAR Class B Shirt for N. Kortanjian - Qty 1 63.50 01 General Fund UNIFORMS 2 GEAR Class B Shirts & Pants for C. LeFave - Qty 3 196.75 01 General Fund UNIFORMS 2 GEAR Class B Shirts for RJ Young - Qty 2 127.00 01 General Fund UNIFORMS 2 GEAR Cuff Case for C. LeFave - Qty 2 59.98 01 General Fund UNIFORMS 2 GEAR Cuff Case for RJ Young - Qty 2 59.98 01 General Fund UNIFORMS 2 GEAR Pants & Pocket Key for N. Kotanjian - Qty 2 79.25 01 General Fund UNIFORMS 2 GEAR Pro-Comfort System Basket Weave Belt for C. LeFave - Qty 1 105.00 01 General Fund UNIFORMS 2 GEAR Pro-Comfort System Basket Weave Belt for RJ Young - Qty 1 105.00 01 General Fund UNIFORMS 2 GEAR Slim Cuff Case for Lt. Harper 28.99 01 General Fund WEIDNER & ASSOCIATES 220/30 turnout hoods 1,363.75 01 General Fund WIENHOFF & ASSOCIATES, INC 18-0196, Pre-employment/Random Drug/Alcohol Testing-Dec 2017 300.00 01 General Fund WW GRAINGER, INC 220/Batteries, ST. 1 - Qty 3 Pks 17.49 01 General Fund XEROX CORPORATION - PASADENA MX4-506016, Xerox 7845 base 12/17; click fees 11/20-12/21/17 713.09 01 General Fund XIOLOGIX, LLC Brocade Premium Hardware Support Dell EMC Contract 30107978H 714.00 Total 01 General Fund 86,183.97 07 Impact Fund SPF WATER ENGINEERING, LLC 15-0468 professional services Borup Park well/pump Dec 2017 409.25 07 Impact Fund THE LAND GROUP, INC.16-0186 prof svcs K Bird Legacy Park master plan 12/2017 397.50 Date: 1/18/18 09:22:01 AM Page: 4Meridian City Council Meeting Agenda January 23, 2018 – Page 287 of 363 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 07 Impact Fund THE LAND GROUP, INC.16-0355 A&E design services S Meridian Reg Park - 12/2017 31,692.14 Total 07 Impact Fund 32,498.89 20 Grant Fund governmental CITY OF BOISE - CITY PRINT & MAIL SERVICES Stickers, Invoices, Mirror Hangers, Warning & Trifolds 1,645.74 Total 20 Grant Fund governmental 1,645.74 60 Enterprise Fund AIR FILTER SUPERSTORE WHOLESALE LLC 24x24x4 HC Pleat Qty 12 95.64 60 Enterprise Fund AIR FILTER SUPERSTORE WHOLESALE LLC High cap & standard cap filters - qty 56 222.24 60 Enterprise Fund ANALYTICAL LABORATORIES INC.Water Testing Qty 222 5,662.95 60 Enterprise Fund ANALYTICAL LABORATORIES INC.WETT biomonitoring lab subcontract analysis - qty 9 tests 2,707.50 60 Enterprise Fund APEX INTEGRATED SECURITY SOLUTIONS Altronix power supply for non-working card readers at UV 176.93 60 Enterprise Fund AUTOZONE Credit for Sales Tax Charged on Orig Inv# 1197890632 (5.73) 60 Enterprise Fund AUTOZONE Magnetic Heaters to Replace Heaters @ Grit Classifer - Qty 2 101.21 60 Enterprise Fund BACKFLOW SUPPLY 4inch RP With NRS Gates Qty 2 3,603.50 60 Enterprise Fund BOISE RIGGING SUPPLY Crane inspections at N. Black Cat lift station - qty 2 200.00 60 Enterprise Fund BOISE RIGGING SUPPLY Crane inspections at S. Black Cat lift station - qty 3 300.00 60 Enterprise Fund BOISE RIGGING SUPPLY Labor to perform inspections on chain pull crane at digester 600.00 60 Enterprise Fund BUTLER ACTUATOR SERVICES, LLC Labor to repair actuator, slide gate, aeration basin 2 510.14 60 Enterprise Fund BUTTE FENCE, INC 18-0037, Security Fence Install @ Well 23 - Only Invoice 11,510.00 60 Enterprise Fund C. H. SPENCER Spare plant drain pump 5,600.00 60 Enterprise Fund CAREER UNIFORMS Employee Clothing October Order Qty 75 1,274.65 60 Enterprise Fund CAREER UNIFORMS Long-Sleeved T-Shirts for Rocky Rhoads - Qty 2 27.00 60 Enterprise Fund CARRIER CORP Labor to repair HVAC in fermentation bldg 450.00 60 Enterprise Fund CARRIER CORP Labor to repair HVAC in old lab bldg 300.00 60 Enterprise Fund CARRIER CORP Service maintenance agreement for RTU for Admin bldg 409.50 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 16-0046,Water/Sewer.ACHD BlkCat-Ten Mile, 12/1-12/31/17 968.00 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 16-0153,17-0069,Well 30,services 12/1-12/31/17 9,580.50 Date: 1/18/18 09:22:01 AM Page: 5Meridian City Council Meeting Agenda January 23, 2018 – Page 288 of 363 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 16-0258,ACHD,Water/Sewer Linder-Franklin-RR,12/1-12/31/17 968.00 60 Enterprise Fund CIVIL SURVEY CONSULTANTS Well 32 services 12/1-12/31/17 1,324.00 60 Enterprise Fund COLE INDUSTRIAL, INC.Labor to repair firing rate actuator spring on boiler 3,395.50 60 Enterprise Fund COMMUNITY PLANNING ASSOC FY18 Annual Compass Membership Dues - 2nd Quarter 7,223.50 60 Enterprise Fund CONCRETE CONSTRUCTION SUPPLY,Octagon poles for wet well at S. Black Cat lift station-qty2 58.00 60 Enterprise Fund CONDOC WRRF Headworks,Liquid Stream,Boise River Outfall., Dec 2017 149.97 60 Enterprise Fund CORE & MAIN LP 18-0148 12 C900 PVC, Fittings & Accessories Qty 336 10,138.18 60 Enterprise Fund CORE & MAIN LP 18-0148 Credit for Fittings & Accessories for Well 32 (10,138.18) 60 Enterprise Fund CORE & MAIN LP Non-Pop Lid Removal Tool Qty 10 583.50 60 Enterprise Fund D & B SUPPLY Grease Gun Grease Injector Needle Qty 3 30.37 60 Enterprise Fund D & B SUPPLY RV hoses to fill eye wash stations, paint brushes & gloves 84.72 60 Enterprise Fund D & B SUPPLY Safety Boot Exchange & Purchase of Rubber Boot J.Uruza 129.99 60 Enterprise Fund D & B SUPPLY Safety Nitrile Dipped Glove, 48inch Steel Job Box Qty 3 229.97 60 Enterprise Fund DC FROST ASSOCIATES, INC 18-0056 UV3+G3 ballast kit for UV bldg - Qty 4 3,001.80 60 Enterprise Fund DIGLINE, INC.Digline Monthly Tickets Qty 323 - December 2017 552.33 60 Enterprise Fund FERGUSON ENTERPRISES INC.18-0017 Meters New Capital Meters Qty 103 43,812.28 60 Enterprise Fund FERGUSON ENTERPRISES INC.4x7 Wide Range Coup Qty 2 266.76 60 Enterprise Fund FERGUSON ENTERPRISES INC.Bonet REP Kit Comp Qty 1 121.00 60 Enterprise Fund FERGUSON ENTERPRISES INC.Credit for Tool Repair Fee Ref INV0672092 (50.00) 60 Enterprise Fund FERGUSON ENTERPRISES INC.Field flange & gskt-instll scum pump @ secondary clarifier 5 116.95 60 Enterprise Fund FERGUSON ENTERPRISES INC.LF 3/4 MIP x Grip PE Coup Qty 12 300.50 60 Enterprise Fund FERGUSON ENTERPRISES INC.New Handheld Units Tool Repair Fee 50.00 60 Enterprise Fund FERGUSON ENTERPRISES INC.Weather Cap, LWR Steam, Bonnet N&B Qty 8 1,307.93 60 Enterprise Fund FISHER SCIENTIFIC Sample filters (6pks) & FIA reagent (1 qty)736.16 60 Enterprise Fund FISHER SCIENTIFIC Shipping for Lab Tubing Missed on Inv# 5479886.1 3.70 60 Enterprise Fund G & R AG PRODUCTS INC Parts & Labor on De-Icer Tank Control Box on Veh Lic#C18634 572.77 60 Enterprise Fund HACH COMPANY Ammonia & s-TKN TNT+ for Lab Testing - Qty 3 291.25 60 Enterprise Fund HACH COMPANY Lab testing supplies-BOD Nutrient pillow packs - qty 6 290.10 60 Enterprise Fund HACH COMPANY Light bulbs for turbidimeters - qty 6 413.67 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Rubber Coating for Shop Shelving & Tool Boxes - Qty 10 74.60 60 Enterprise Fund IDAHO BLUEPRINT & SUPPLY, INC.Collections map laminating costs - qty 3 143.33 60 Enterprise Fund IDAHO CORRECTIONAL INDUSTRIES Business Card Printing for A. Wilch Qty 500 46.25 Date: 1/18/18 09:22:01 AM Page: 6Meridian City Council Meeting Agenda January 23, 2018 – Page 289 of 363 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund IDAHO CORRECTIONAL INDUSTRIES Business cards for Ryan Mason 46.25 60 Enterprise Fund INNOVYZE InfoMaster Desktop Sewer Floating Serial Number IMD40R10101- 1,125.00 60 Enterprise Fund INTEGRATIVE SOLUTIONS Labor to excavate around secondary clarifier 5 to repair 2,205.22 60 Enterprise Fund INTERMOUNTAIN MACHINING INC Bits for lathe (8 qty)223.61 60 Enterprise Fund IRMINGER CONSTRUCTION 17-0339,17-0401,17-0417,18-001,18-0195,18-0203, Well 30-Fina 36,826.94 60 Enterprise Fund JACK HENRY & ASSOCIATES INC Bank Fees - December 2017 581.24 60 Enterprise Fund JC CONSTRUCTORS INC 17-0146,17-0377,WRRF Capacity Exp FY15,Const as of 12/31/17 844,000.19 60 Enterprise Fund JOHNSTONE SUPPLY Prelube Valve @ WEll 28 393.69 60 Enterprise Fund MASTERCARD MC Pre-Pay WW, #0596, Low Balance as of 1/16/18 2,900.00 60 Enterprise Fund MOUNTAIN WATERWORKS, INC 17-0218,WRRF Boise River Outfall Upgrades Design to 12/22/17 385.00 60 Enterprise Fund MOUNTAIN WATERWORKS, INC 18-0116,Well 28 Water Treatment as of 12/22/17 9,328.00 60 Enterprise Fund MOUNTAIN WATERWORKS, INC 18-0149,Tertiary Filter Bld Crane Bldg Upgrade Thru 12/22/17 500.00 60 Enterprise Fund MOUNTAIN WATERWORKS, INC 18-0169,WRRF Centrate Modifications, 12/22/17 320.00 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Air dryer for lab compressor due to water 61.43 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Welding bursh & gloves; hex nut, cap screw & washers for 568.63 60 Enterprise Fund MURRAYSMITH INC 17-0091,Water Main Ext,W Amity/S Linder,Eng.serv to 11/30/17 1,019.00 60 Enterprise Fund MURRAYSMITH INC 17-0173,Water Main Rep/Sew Main Ext,Meridian-3rd,to 11/30/17 4,584.50 60 Enterprise Fund MYFLEETCENTER.COM C18640 Oil and filter change Inspection vehicle 49.59 60 Enterprise Fund NAPA AUTO PARTS V-belt 22.66 60 Enterprise Fund NORCO Cylinder rental Dec 2017 - Qty 8 61.44 60 Enterprise Fund NORCO Returned broken jacket (Ryan Mason)(58.12) 60 Enterprise Fund OFFICE DEPOT, INC.3 boxes of envelopes & 1 desk calendar 42.39 60 Enterprise Fund OFFICE VALUE - MERIDIAN Clock for Travis' office 11.81 60 Enterprise Fund OFFICE VALUE - MERIDIAN Wall Calendar and Desk Calendar Qty 6 53.70 60 Enterprise Fund OXARC, INC.18-0091 Sodium Hypochlorite Delivery Qty 965 1,614.95 60 Enterprise Fund OXARC, INC.18-0091 Soduim Hypochlorite Delivery Qty 200gl 368.00 60 Enterprise Fund OXARC, INC.18-0091 Soduim Hypochlorite Delivery Qty 500gl 857.00 60 Enterprise Fund PACIFIC STEEL & RECYCLING Steel Tube Qty 1 25.57 60 Enterprise Fund PLATT ELECTRIC SUPPLY HVAC Filters - Qty 30 78.60 60 Enterprise Fund REPUBLIC SERVICES - TRANSFER STATION Biosolids disposal for Dec 2017 14,749.92 60 Enterprise Fund SPECIALTY PLASTICS & FAB, INC Elbow, union & nipple (16 qty)33.92 Date: 1/18/18 09:22:01 AM Page: 7Meridian City Council Meeting Agenda January 23, 2018 – Page 290 of 363 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund SYNCB/AMAZON Brew basket for coffee maker in Admin bldg 4.90 60 Enterprise Fund T-ZERS SHIRT SHOP Embroidered Logo 2 shirts J. Manga 17.75 60 Enterprise Fund TELANSWER, INC After Hour Answering Service 1/1/18-1/31/2018 & Dec Overage 128.90 60 Enterprise Fund USA BLUEBOOK Skimming net (2 qty)136.16 60 Enterprise Fund VANCE & JANET GROVES Refund, 3074309602, Wat/Sew/Trash, 1075 W Egret Dr, Title Co 102.57 60 Enterprise Fund WM LAMPTRACKER, INC.8 foot lamptracker 109.00 60 Enterprise Fund WW GRAINGER, INC Clycerin filled pressure gauge 22.10 60 Enterprise Fund WW GRAINGER, INC Ice scraper for Lab vehicle - qty 1 12.76 60 Enterprise Fund WW GRAINGER, INC Utility pump 90.05 Total 60 Enterprise Fund 1,031,127.25 Report Total 1,151,455.85 Date: 1/18/18 09:22:01 AM Page: 8Meridian City Council Meeting Agenda January 23, 2018 – Page 291 of 363 City Council Meeting Meeting Date: January 23, 2018 Agenda Item Number: Project/File Number: Item Title: Items Moved from the Consent Agenda Meetinq Notes City Council Meeting Meeting Date: January 23, 2018 Agenda Item Number: Project/File Number: Item Title: Parks and Recreation Commission Annual Report Meetina Notes M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 2 3 , 2 0 1 8 – P a g e 2 9 3 o f 3 6 3 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 2 3 , 2 0 1 8 – P a g e 2 9 4 o f 3 6 3 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 2 3 , 2 0 1 8 – P a g e 2 9 5 o f 3 6 3 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 2 3 , 2 0 1 8 – P a g e 2 9 6 o f 3 6 3 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 2 3 , 2 0 1 8 – P a g e 2 9 7 o f 3 6 3 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 2 3 , 2 0 1 8 – P a g e 2 9 8 o f 3 6 3 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 2 3 , 2 0 1 8 – P a g e 2 9 9 o f 3 6 3 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 2 3 , 2 0 1 8 – P a g e 3 0 0 o f 3 6 3 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 2 3 , 2 0 1 8 – P a g e 3 0 1 o f 3 6 3 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 2 3 , 2 0 1 8 – P a g e 3 0 2 o f 3 6 3 City Council Meeting Meeting Date: January 23, 2018 Agenda Item Number: c� _......... __...__....---------.... _..-.......................... ---................. ...... ...... -_.._ - - - -- -- - Project/File Number: Item Title: Solid Waste Advisory Commission Annual Report Meetina Notes 1 J. Scott Walters – Seat 1 Mark Nelson – Seat 2 Cheryl Caldwell –Seat 3 Steven Cory – Seat 4 Megan Larsen – Seat 5 Karie Glenn – Seat 6 Dave Neal – Seat 7 Andrea Pogue – Seat 8 V. Madrigal, youth – Seat 9 _____________________________________________________________________________________ To: The Mayor and City Council From: Steve Cory, Chair Re: 2017 Annual Report of the Solid Waste Advisory Commission The Solid Waste Advisory Commission (SWAC) is pleased to submit to the Mayor and City Council its 2017 Annual Report summarizing this year’s commission business and activities: A. Membership: The Commission enjoyed a complete year of full membership and was led once again by Steve Cory, Chair, and Scott Walters, Vice Chair. The Commission is appreciative of the re- appointment of our 2017 Youth Commissioner, Victoriah Madrigal, for the upcoming year. B. Community Recycling Fund Program (CRFP): 1. Fund Balance: Staff Commissioner Glenn deserves SWAC’s recognition and appreciation for providing the detailed financial information necessary to facilitate SWAC’s oversite of this important program. During 2017, the CRFP fund balance recovered due to periodic improvement of secondary markets and other money received from a variety of sources in addition to the Residential Recycling Program: a. $12,417.02 Beginning balance for FY17; b. $ 761.00 Donation from the funds raised during the PW Expo Week; c. $20,954.83 Revenue returned from the Residential Recycling Program; d. $ 267.88 Revenue returned from Hand in Hand We Recycle!; and e. $ 3,250.00 Republic Services as part of a 2016 HHW rebate f. $44,650.73 TOTAL (as of October 24, 2017) 2. SWAC Sponsored CRFP Project: Recycle a Bicycle! SWAC was approved to use $500 from the CRFP fund to create a program in response to a February 28, 2017 newspaper article about the untapped stream of thrown away bicycles being sent to the landfill. SWAC launched its 2017 pilot Recycle a Bicycle Meridian City Council Meeting Agenda January 23, 2018 – Page 304 of 363 2 Program on Saturday, April 22, at Story Park as one of the kick-off events for the City’s Unplug and Be Outside event. Forty-one (41) bicycles destined for the Landfill were retrieved from the Meridian Transfer station, repaired, and repurposed for the benefit of Meridian citizens. Twenty-seven (27) participants pre-registered for the event. Fourteen (14) additional bicycles were given away during the event. Final repairs and fitting of the bicycles to their new owners occurred during thirty (30) minute time slots from 11-3 pm. Participants were both male and female and ranged from age eight (8) to seventy-three (73) years of age. Participants were able to take home their new “repurposed” bicycles. By all accounts it was a huge success. The event could not have happened without the pre-registration help from Meridian Parks & Recreation Department and the many volunteers who helped pre-sort, clean, repair, and run the event. Special kudos to Rachele Klein, Republic Services, for her hard work behind the scenes to make this event happen, and SWAC Commissioner Cheryl Caldwell for chairing the committee that worked so hard to make the event the hit it was. Critical funding came from both the CRFP fund and Republic Services to cover the expense of this event. SWAC plans to bring back this program in 2018 with City Council approval. A $1,000.00 private donation was received during the event to help keep this program going. 3. CRFP FY18 Approved Projects: Three (3) projects were approved by City Council with SWAC’s recommendation for a combined total of $27,458.25. The approved projects are listed below: a. SWAC received funding approval in the amount of $2750.00 to purchase one Catalpa- leaf shaped bench made from recycled materials that will be part of a special collection of benches being created for installation as part of Phase One of Meridian’s new south regional park. b. Meridian Parks & Recreation Department received funding approval in the amount of $9,702.25 to purchase and install thirty-five (35) trash receptacles made from recycled plastic as part of Phase One of Meridian’s new south regional park. c. The Meridian Library District received funding approval in the amount of $15,000 to purchase and repurpose a 40’ shipping container into a mini-mobile library. C. New Program: Trash or Treasure : This year SWAC successfully piloted a novel residential recycling program called Trash or Treasure. MPD employee, Brett Baranco, brought the idea to the attention of SWAC and chaired the committee that worked on developing the program details. Multiple stakeholders participated on the committee including representatives from SWAC, Republic Services, the Mayor’s Office, and ultimately participating HOA’s. City Councilwoman Genesis Milam, Ken Corder, and Rachele Klein, Republic Services, each contributed invaluable input to the committee by identifying possible pilot neighborhoods and coordinating outreach to assess their interest. Meridian City Council Meeting Agenda January 23, 2018 – Page 305 of 363 3 Selection criteria consisted of neighborhoods with scheduled Monday collection, large to medium size, excellent recycling participation, active presence of HOA on Facebook and Next Door, an involved property management company, and expressed interest. The selected neighborhoods were: Havasu Creek, Copper Basin, and Burney Glen. Republic Services deserves recognition for covering the cost of marketing materials including the video, flyers, and banners, and event collection services. The event occurred the weekend before the first week of May and the commencement of the 2017 Spring Collection week. Residents set out at the curb unwanted items, allowing others to come by, pick them up, and give them a new home thus diverting items from the landfill. All of the Spring Collection week guidelines/restrictions for what can be set out applied to this program as well. Marketing included staged advance notices via property managed email and neighborhood social media outlets, the City’s webpage, and hand distributed flyers. A video was also created and made available on-line. Banners were posted at each neighborhood’s main entrances prior to the weekend event. Republic Services picked up remaining items as part of its Spring Cleanup collection services. The committee evaluated the pilot program using personal observations and by conducting a post-event survey in participating neighborhoods to gauge participation level and quality of experience. 100% of those who participated said they’d like to see it come back and would participate again. The committee compiled the results and reported back to SWAC and City Council with its recommendation to bring back this program next year. SWAC is working on both expanding and fine tuning the program for 2018 and will present it for City Council approval at the appropriate time. D. New Program: Hand in Hand We Recycle! In 2016, SWAC created this innovative program with support from Republic Services and Western Recycling. It consists of a mobile collection opportunity for the community to drop off separated corrugated cardboard, plastic, newsprint/magazines, mixed paper, and aluminum. Both Republic Services and Western Recycling agreed to donate services so that close to 100% of the revenue earned can be returned to the CRFP. From its title to the painted handprints of local recyclers that adorn the mobile container, the program’s objective is to promote the concept that it takes everyone in the community to recycle in order to improve the quality of life for everyone in the community. It importantly provides an opportunity for multifamily households to participate in recycling. The program promotes recycling generally with its positive message and easily accessible permanent location near the Meridian Transfer Station’s gatehouse. It also provides a platform to educate the community on important recycling topics such as what constitutes contamination and the negative impact contaminated materials have on the value of both single stream and commingled recyclables. Both Republic Services and the City continue to market the program and use it as an educational platform in a variety of forums (website, newsletters, etc.). E. Graphic Design SWAC would like to recognize Commissioner Walters for leading the graphic design efforts to develop all of the new programs’ logos, banners, and other marketing material. Meridian City Council Meeting Agenda January 23, 2018 – Page 306 of 363 4 F. SWAC Annual Activity: Beginning in 2016, SWAC voted to host a booth each year at the annual PW Expo event at City Hall. The purpose of the booth is to share with the public information regarding the City’s trash and recycling services and programs. Commissioners answer questions and help educate the public on the importance of clean recycling. Chaired by Commissioner Larsen, this year’s booth focused on the cost of contamination and tested people’s ability to identify 3 types of contamination in a bin of commingled recyclable materials. Republic Services donated “swag” items to those who successfully completed the activity. The booth is also used as an opportunity to sign up non-recyclers and educate the public regarding its mission generally. G. Field Trip: Boise Compost Facility and Biosolids Processing Site The Commissioners travelled to the Boise Compost Facility located at the Twenty Mile South Farm, Boise, ID to learn about Boise’s new program and the potential for other municipalities to participate. The group also toured the biosolids processing site and received information about Boise’s program. H. Ada County Solid Waste Advisory Committee: SWAC Chair, Steve Cory, represents the City of Meridian’s interests on the Ada County Solid Waste Advisory Committee. He remains the chair of this committee. This cooperative body allows stakeholders to work in concert with one another to research and develop proposals for improving solid waste collection systems and services, including maintaining reasonable financial costs for the operations of the Ada County Landfill. Steve Cory reports back to SWAC periodically throughout the year providing Meridian valuable insight and information about valley-wide solid waste matters. I. Annual Rate Adjustment: SWAC reviewed and recommended to City Council approval of Republic Service’s proposed FY18 Annual Rate Adjustment Report to City Council. The rate adjustment for both commercial and residential services was comprised of the contractual CPI adjustment; and the addition of one new commercial fee to charge for material in overloaded containers. J. Ada County Household Hazardous Waste Quarterly Meetings: Commissioner Nelson attends the quarterly meetings to stay current on the county HHW program and related topics. He reports back to SWAC after each meeting to review what was discussed. K. Code Violations, Service Improvements, and Miscellaneous Issues: 1. Contractors; U-haulers: Code Enforcement with assistance from staff Commissioner Pogue and Republic Services participated in a court mediated settlement involving a contractor operating in violation of city code. Meridian City Council Meeting Agenda January 23, 2018 – Page 307 of 363 5 2. Rates Comparison Chart: SWAC, with Republic Services’ input, updated the Rates Comparison Chart which captures pertinent and current solid waste services and rates offered by other local public entities. 3. Curbside Services Chart: SWAC, with staff and Republic Services’ input and assistance, continues to maintain the Curbside Services Chart as a handy resource for the public. 4. Residential Container Standards: The Commission reviewed standards related to lid placement and container location on collection days and elected not to recommend any changes. L. Presentations: Throughout the year SWAC received presentations from Republic Services and Western Recycling related to: 1. Republic Services’ quarterly and annual reports covering collection services, donated services, the Household Hazardous Waste Program, and secondary market conditions for recycled materials; 2. Republic Services’ experience during Snowmageddon and responsive collection services; 3. The Boise Compost Program; 4. China’s Green Sword Initiative (Western Recycling, Republic Services, Ada SWAC Chair, Steve Cory); 5. Status of Republic Services’ subscription Grass Recycling Pilot Program; 6. The Ada County Landfill-miscellaneous topics; and 7. Proposed rates and new fees for FY18 M. Upcoming Commission Business: In 2018, SWAC is particularly looking forward to: 1. Studying China’s Green Sword Initiative and its potential impact on Meridian’s residential recycling program. Commissioner Neal has already provided invaluable assistance in bringing related articles to SWAC’s attention as well as available Webinars on the topic; 2. Studying the results of the City Survey regarding Trash and Recycling Services; 3. Promoting SWAC’s Trash or Treasure, Hand in Hand, and Recycle a Bicycle programs; 4. Expanding educational outreach to decrease contamination in the commingled residential recycling stream; 5. Monitoring glass recycling and yard composting market trends; 6. Continuing leadership role on the Ada County Solid Advisory Committee and reporting back to SWAC and the Mayor and City Council as appropriate; 7. Attending the quarterly Ada County Household Hazardous Waste Program meetings and reporting back to SWAC and the Mayor and City Council as appropriate; In conclusion, it has been a productive year for SWAC. We continue to gain experience and appreciation of the many challenges facing the solid waste and recycling industries. Our commitment is steadfast to work in partnership with Republic Services to identify and recommend to the Mayor and City Council improved fiscally sound trash and recycling services Meridian City Council Meeting Agenda January 23, 2018 – Page 308 of 363 6 and programs for the benefit of Meridian residential and commercial customers. SWAC looks forward to even greater productivity in the year to come. Meridian City Council Meeting Agenda January 23, 2018 – Page 309 of 363 City Council Meeting Meeting Date: January 23, 2018 Agenda Item Number: n _........ ---....-------................................___..__..--- --- _._"t..-...._.... --............ Project/File Number: H-2017-0169 Item Title: Public Hearing for Pond Subdivision Shop - VAR by Schultz Development located at 2980 N. Meridian Road Request: Variance to UDC Section 11-2A-6 to keep an existing accessory structure in a required front yard setback Meetina Notes C,O1Jt1.AJ4 -tD Fe 6rU6-) Pond Subdivision – VAR (H-2017-0169) PAGE 1 STAFF REPORT Hearing Date: January 23, 2018 TO: Mayor & City Council FROM: Josh Beach, Associate City Planner (208) 884-5533 SUBJECT: Pond Subdivision – VAR (H-2017-0169 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Schulz Development, requests approval of a variance to UDC 11-2A-3D.3, which prohibits accessory structures from encroaching into the street yard. See Section VIII Analysis for more information. II. SUMMARY RECOMMENDATION Staff finds that the request for a variance does not meet all of the findings criteria required in the UDC in order for the City Council to grant a variance (see Exhibit B for the required variance findings). Therefore, Staff recommends denial of the subject Variance application for the reasons stated herein. III. PROPOSED MOTIONS Denial After considering all staff, applicant, and public testimony, I move to deny File H-2017-0169 as presented in the staff report for the hearing date of January 23, 2018, for the following reasons: (you should state specific reasons for denial.) I further move to direct Staff to prepare Findings for this project, to be considered at the (date certain) public hearing. Continuance After considering all staff, applicant and public testimony, I move to continue File Number H-2017- 0169 to the hearing date of (date certain) for the following reason(s): (you should state specific reason(s) for continuance.) Approval After considering all staff, applicant, and public testimony, I move to approve File Number H-2017- 0169 as presented during the hearing on January 23, 2018, with the following changes: (insert any changes here). I further move to direct Staff to prepare Findings for this project, to be considered at the (date certain) public hearing. IV. APPLICATION AND PROPERTY FACTS a. Site Address/Location: This site is located at 2980 N. Meridian Road, in the northwest ¼ of Section 6, Township 3 North, Range 1 East b. Owner: Thair Pond 2980 N. Meridian Road Meridian, ID 83646 Meridian City Council Meeting Agenda January 23, 2018 – Page 311 of 363 Pond Subdivision – VAR (H-2017-0169) PAGE 2 c. Applicant: Matt Schultz, Schultz Development PO Box 1115 Meridian, ID 83680 d. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS a. The subject application is for variance. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. b. Newspaper notifications published on: January 5, 2018 c. Radius notices mailed to properties within 300 feet on: December 27, 2018 d. Applicant posted notice on site by: January 10, 2018 VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of a residence and several outbuildings, zoned R-8. Only the one of detached accessory structures doesn’t meet current setbacks. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Single-family residential property, zoned R-4 2. East: County residential properties, zoned R1 3. South: Silhouette Subdivision and Highgate Subdivision, zoned R-8 4. West: Single family residential and multi-family residential property, zoned R-8 and R-15. C. History of Previous Actions: In 2012, this land was previously annexed and zoned and granted conditional use permit approval in 2012 (AZ-12-014; CUP-12-020) for Tomorrow’s Hope. A development agreement was recorded (DA #113019366) which requires any existing structures that were to remain as part of a future subdivision had to comply with the R-8 dimensional standards. In 2017, the property was granted preliminary plat approval as part of Pond Subdivision (H- 2017-0115). The property will be reconfigured once the final plat records. A requirement of the preliminary plat states the applicant shall remove the non-conforming structure or apply for a variance. UNIFIED DEVELOPMENT CODE The following Unified Development Code (UDC) sections are pertinent to this application: 11-2A-3D.3 – “One detached accessory building that does not exceed one hundred twenty (120) square feet in area and eight feet (8’) or less in height shall be allowed in the required rear yard. In no case shall an accessory building be allowed in the street yard or the required side yard.” Per UDC 11-1A-1, street yard is defined as follows: “An area extending across the full width of the property and lying between the front property line and the nearest line of a principal structure.” The UDC contains a definition of a nonconforming structure. The key is if the structure lawfully exists, the UDC would allow for it to remain but the owner would have to provide evidence that a building permit was received for the building. The applicant would need to provide evidence to Meridian City Council Meeting Agenda January 23, 2018 – Page 312 of 363 Pond Subdivision – VAR (H-2017-0169) PAGE 3 verify a valid building permit to construct the shed through Ada County. If Council wants to approve the structure to remain, that may be the avenue that we can make the Findings for them. The definition of a nonconforming structure is as follows: “A structure that was lawfully constructed and/or existing prior to the effective date of this title but that does not conform to the dimensional standards for the district in which it is located.” VIII. ANALYSIS Analysis Leading to Staff Recommendation The applicant requests a variance to UDC 11-2A-3D.3, which prohibits accessory structures from encroaching into the street yard. When this property was annexed, the existing structures were called out as non-conforming until such time as future subdivision application was approved. The recorded DA also requires that any existing structuring remaining as part of the subdivision comply with the R-8 dimensional standards. The narrative from the applicant gives some justification for the request including the fact that the existing shed is 258 feet from Meridian Road and 118 feet from the future Addison Street and will be completely screened from view by fencing and landscaping As noted previously, the subject property was approved for a preliminary plat in 2017 (Pond Subdivision H-2017-0115). Prior to this submittal, staff indicated to the applicant that a variance would be required in order to keep the accessory building in its current location. During the public hearing of the preliminary plat Council made a motion that the applicant submits a variance application to take the applicant request to keep the existing structure. In order to grant a variance, the Council needs to make the following findings: 1. The variance shall not grant a right or special privilege that is not otherwise allowed in the district; 2. The variance relieves an undue hardship because of characteristics of the site; 3. The variance shall not be detrimental to the public health, safety, and welfare. While staff is of the opinion granting the proposed variance would not be detrimental to the public health, safety and welfare; Staff finds granting the variance would grant a right or special privilege to the applicant that is not otherwise allowed. Specifically, the DA requires conformance with the R-8 dimensional standards and the UDC does not allow detached accessory structures in the street yard. Further, staff finds there are no characteristics of the site that would prevent compliance with the subject UDC requirement. Therefore, staff recommends denial of the subject variance request. IX. EXHIBITS A. Drawings 1. Vicinity Map 2. Pictures of Accessory Building 3. Accessory Building Exhibit B. Required Findings from the Unified Development Code Meridian City Council Meeting Agenda January 23, 2018 – Page 313 of 363 Pond Subdivision – VAR (H-2017-0169) A. Drawings 1. Vicinity Map Meridian City Council Meeting Agenda January 23, 2018 – Page 314 of 363 Pond Subdivision – VAR (H-2017-0169) 2. Pictures of Accessory Building Meridian City Council Meeting Agenda January 23, 2018 – Page 315 of 363 Pond Subdivision – VAR (H-2017-0169) 3. Accessory Building Exhibit Meridian City Council Meeting Agenda January 23, 2018 – Page 316 of 363 Pond Subdivision – VAR (H-2017-0169) B: Required Findings from the Unified Development Code (Variance) The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-5B-4.E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: Staff finds that granting a variance would allow a right or special privilege that is not otherwise allowed in the district because detached accessory buildings are not allowed to be placed within the street yard and the recorded DA requires existing structures to conform to the R-8 dimensional standards. B. The variance relieves an undue hardship because of characteristics of the site; Staff finds there are no characteristics of the site that would prevent the applicant from locating the building in an area on the site that complies with UDC 11-2A-3D.3. C. The variance shall not be detrimental to the public health, safety, and welfare. Based on Fire Departments comments, Staff does not find that granting the proposed variance would be detrimental to the public health, safety, and/or welfare as the site comports with the other dimensional standards of the R-8 after the plat records. See Section VIII Analysis for more information. Meridian City Council Meeting Agenda January 23, 2018 – Page 317 of 363 CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: January 23, 2018 Item # Project Number: VAR -H-2017-0169 Project Name: Pond Subdivision Shop Please print your name For Against Neutral Do you wish to testify (Y/N) V� 1 City Council Meeting Meeting Date: January 23, 2018 Agenda Item Number: q A Project/File Number: Item Title: Public Hearing Continued from January 16, 2018 for Proposed New Fees for Accessory Use Permit for Home Occupation, Accessory Use Permit for Home Occupation that includes provision of lessons or instruction to a group of 7 or more students, and Review of Landscape Plan revisions Resolution No. 18-2057: Adoption of New Fees for Accessory Use Permit for Home Occupation, Accessory Use Permit for Home Occupation that includes provision of lessons or instruction to a group of 7 or more students, and Review of Landscape Plan revisions Meetina Notes [Yf CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: January 23, 2018 Item # Project Number: Project Name: Accessory Use Permit Home Occupation Please print your name For Against Neutral Do you wish to testify (Y/N) CITY OF MERIDIAN BY THE CITY COUNCIL: RESOLUTION NO. BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER A RESOLUTION ADOPTING NEW FEES FOR: ACCESSORY USE PERMIT FOR HOME OCCUPATION, ACCESSORY USE PERMIT FOR HOME OCCUPATION THAT INCLUDES PROVISION OF LESSONS OR INSTRUCTION TO A GROUP OF SEVEN OR MORE STUDENTS, AND REVIEW OF LANDSCAPE PLAN REVISIONS; AMENDING THE DESCRIPTION OF FEE FOR ACCESSORY USE FOR DAYCARE; AUTHORIZING THE COMMUNITY DEVELOPMENT DEPARTMENT TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, following publication of notice according to the requirements of Idaho Code section 63-1311A, on January 16, 2018, the City Council of the City of Meridian held a hearing on the adoption of a proposed new fee for Accessory Use Permit, Home Occupation; WHEREAS, following such hearing, the City Council, by formal motion, did approve said proposed fees; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the following new fee is hereby adopted: Fee Current Fee Adopted Fee Accessory Use Permit for n/a — new fee $53.00 Home Occupation Accessory Use Permit for n/a — new fee $160.00 Home Occupation that includes provision of lessons or instruction to a group of 7 or more students Review of Landscape Plan n/a — new fee $160.00 revisions Section 2. That, as of the effective date of this resolution, the description of the following fees shall be amended as follows: Fee Current Fee Adopted Fee Accessory use for daycare $160.00 $160.00 Section 3. That the Community Development Department is hereby authorized to implement and carry out the collection of said fees. ADOPTION OF FEES FOR HOME OCCUPATIONS, LANDSCAPE PLAN REVISION REVIEW PAGE I OF 2 Section 4. That other than as specified in section 2 of this resolution, this resolution shall not change or supersede any fee adopted pursuant to Resolution no. 17-2037, adopting the FYI Citywide Fee Schedule. Section 5. That this Resolution shall be in full force and effect immediately upon its passage and publication. ADOPTED by the City Council of the City of Meridian, Idaho this d� day of January, APPROVED by the Mayor of the City of Meridian, Idaho, this � day of January, 2018. APPROVED: ATTEST- ED AUGUS j G� �G ('ity of Tammy erd, Mayor ET IDIAN .Jay Cos City Clerk IDAHO SEAL ADOPTION OF FEES FOR HO IE OCCUPATIONS, LANDSCAPE PLAN REVISION REVIEW PAGE 2 OF 2 City Council Meeting Meeting Date: January 23, 2018 Agenda Item Number:Iq -- ..... _............ ...... -- -- - .------ - -- ------- ................. _......... _.. ..---.... --- .......... _.. — --- ...._......_ Project/File Number: Item Title: Public Works: Net Zero Budget Amendment to Cover Reimbursement Agreements with ACHD (Project 815025) And MDC to install Historical Street Lights Not -to -Exceed $220,177 Meetina Notes 5 m P: -, N co O a) Q CDD CD n CL E3 (D n T O 3 n c 0 0 0 0 0 0 0 0 0 3 i..i. 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A/� I V V m E T O N O co O CD D w Public Works Department IDIAN -- TO: Mayor Tammy de Weerd Members of City Council IDAHO FROM: Jared Hale Engineering Project Manager Mayor Tammy de Weerd City Council Members Joe Borton Treg Bernt Genesis Milam Luke Cavener Ty Palmer Anne Little Roberts DATE: December 12, 2017 SUBJECT: NET ZERO BUDGET AMENDMENT TO COVER REIMBURSEMENT AGREEMENTS WITH ACHD (PROJECT 815025) AND MDC TO INSTALL HISTORICAL STREET LIGHTS. AMENDMENT IN THE AMOUNT OF $220.177. I. RECOMMENDED ACTION A. Move to: 1. Approve the Historic Street Lighting — ACHD Pine Project Budget Amendment for $220,177. 2. Authorize the Mayor to sign the amendment. II. DEPARTMENT CONTACT PERSONS Jared Hale, Engineering Project Manager 489-0370 Clint Dolsby, Assistant City Engineer 489-0341 Warren Stewart, City Engineer 489-0350 Dale Bolthouse, Director of Public Works 489-1372 III. DESCRIPTION A. Background In 2013 Meridian Development Corporation (MDC) commissioned a street light study to analyze lighting in downtown Meridian and to make recommendations for street lighting in the area. As a result of the study, historic street lighting along Pine Avenue has been included in the scope of work for the reconstruction and widening of Pine Avenue. MDC will ultimately pay for the lighting. However, because of our contractual agreements with ACHD and MDC the City of Meridian will be required to pay ACHD and then MDC will reimburse the City for the cost of the lighting. This will ultimately be a no cost budget amendment to the City as MDC will reimburse the City for the lighting cost. Page I of 3 IV. B. Proposed Project ACHD will improve E. Pine Avenue between Meridian Road and Locust Grove Road. During construction, ACHD will have historic lighting improvements installed by their contractor. The historic lighting will extend form Meridian Road to East 5th Street. ACHD will invoice the City for these improvements per the Cost Share Agreement that was approved by City Council on September 19, 2017. The City will invoice MDC for all of the historic lighting costs per the memorandum of agreement that was approved by City Council on November 22, 2016. This project is scheduled to be completed in September 2018, so there will likely be some invoices from ACHD that will cross fiscal years. These invoices will still be reimbursed by MDC. C. Reason for Amendment This request is to furnish additional FYI construction funding for street lighting. The budget for the historical street lighting improvements that will be installed with the East Pine Avenue project was not incorporated in the street lighting enhancement because it is a net zero cost to the City and the actual cost was not known during the FY 2018 budget process. IMPACT A. Strategic Impact: This project is aligned with the Public Works objective of being opportunistic in planning for growth and infrastructure needs. The construction impacts on the residents will be minimized by partnering with ACHD and MDC. B. Fiscal Impact: The costs of the City of Meridian historical lighting improvements are $220,177.00, which will be reimbursed to the City by MDC. Project Costs: Fiscal Year 2018 Account Code Construction Cost 01-1860-5.4000 ACHD Cost Share ACHD Overhead Costs Contingency — 10% Subtotal $176,100.00 $17,661.44 $8,805.00 $17,610.56 $220,177.00 MDC Reimbursement 01-1860-34230 - $220,177.00 Total 0.00 The total Budget Amendment request is for $220,177.00. This should be sufficient to cover the anticipated cost, and allow for the possibility of minor unforeseen conditions. This amendment will be funded by the General Fund. Page 2 of 3 VI. TIME CONSTRAINTS ACHD plans to start construction on this project in January 2018. City approval of this agreement is required for ACHD to install historical lighting improvements as part of their project. VII. LIST OF ATTACHMENTS ACHD Historical Street Light Bids Results from Knife River Spreadsheet of Actual Cost Breakdown Cost Share Agreement with ACHD Memorandum of Aareement with MDC Approved for Council Agenda: Page 3 of 3 MDC Historic Street Lighting Cost Breakdown Bid Schedule # 4 Bid Schedule Name Lighting Bid Schedule Total $176,100.00 SLIM $176,100.00 %of Total Project 3.19% Portion of Traffic Control + Mobilization $17,661.44 5% Admin $8,805.00 Construction Total $176,100.00 ACHD Cost Share $17,661.44 ACHD Overhead Costs $8,805.00 Contingency - 10% $17,610.56 TOTAL $220,177.00 Pine Ave, Meridian Rd to Locust Grove Rd (Bid Schedule #4 -Lighting, 815025.005, RD208-01.005) Bidder 0201.4.1.D.1 Removal of Sidewalk/Paver SY Knife River Corporation- Northwest Estimate Central Paving Co., Inc. Idaho Materials & Construction Sunroc Corporation 0706.4.1.E.1 Concrete Sidewalks, thickness 5" SY Knife River Corporation- Northwest Estimate Central Paving Co., Inc. Idaho Materials & Construction Sunroc Corporation 1102.4.1.A.1 Street Light, Type Historic EA Knife River Corporation- Northwest Estimate Central Paving Co., Inc. Idaho Materials & Construction Sunroc Corporation 1131.01.07 Install Street Lighting Conduit LF QUANTITY Unit Price Extension 10.00 $60.00 $600.00 10.00 $55.00 $550.00 10.00 $9.10 $91.00 10.00 $100.00 $1,000.00 10.00 $125.00 $1,250.00 10.00 $30.00 $300.00 10.00 $34.00 $340.00 10.00 $76.20 $762.00 10.00 $115.00 $1,150.00 10.00 $47.00 $470.00 31.00 $4,500.00 $139,500.00 31.00 $6,000.00 $186,000.00 31.00 $4,600.00 $142,600.00 31.00 $4,613.00 $143,003.00 31.00 $5,400.00 $167,400.00 Knife River Corporation- Northwest 100.00 Estimate 100.00 Central Paving Co., Inc. 100.00 Idaho Materials & Construction 100.00 Sunroc Corporation 100.00 ggGqtg4a"(e.3 Pine Ave, Meridian Rd to Locust Grove Rd (Bid Schedule #4 -Lighting, 815025.005, RD208-01.005) (8 CT218-09 Page 36 of 58 12/07/2017 $12.00 $1,200.00 $2.00 $200.00 $12.00 $1,200.00 $13.00 $1,300.00 $14.00 $1,400.00 Agency Estimate Total B Install Street Light Wire 246 THWN GFI Circuit LF Bidder QUANTITY Unit Price Extension Knife River Corporation- Northwest 1,300.00 $2.00 $2,600.00 Estimate 1,300.00 $2.25 $2,925.00 Central Paving Co., Inc. 1,300.00 $1.90 $2,470.00 Idaho Materials & Construction 1,300.00 $2.00 $2,600.00 Sunroc Corporation 1,300.00 $2.25 $2,925.00 1131.01.14.0 C Install Street Light Wire 244 THWN GFI Circuit LF Knife River Corporation- Northwest 10,000.00 $2.60 $26,000.00 Estimate 10,000.00 $2.50 $25,000.00 Central Paving Co., Inc. 10,000.00 $2.65 $26,500.00 Idaho Materials & Construction 10,000.00 $2.63 $26,300.00 Sunroc Corporation 10,000.00 $3.00 $30,000.00 1131.01.14.1) D Install Street Light Wire 146 THWN GFI Circuit LF Knife River Corporation- Northwest 700.00 $1.00 $700.00 Estimate 700.00 $2.00 $1,400.00 Central Paving Co., Inc. 700.00 $0.97 $679.00 Idaho Materials & Construction 700.00 $1.40 $980.00 Sunroc Corporation 700.00 $1.15 $805.00 1131.01.14.E E Install Street Light Wire 144 THWN GFI Circuit LF Knife River Corporation- Northwest 4,000.00 $1.30 $5,200.00 Estimate 4,000.00 $2.00 $8,000.00 Central Paving Co., Inc. 4,000.00 $1.30 $5,200.00 Idaho Materials & Construction 4,000.00 $1.60 $6,400.00 Sunroc Corporation 4,000.00 $1.50 $6,000.00 Item totals for Pine Ave, Meridian Rd to Locust Grove Rd (Bid Schedule #4 -Lighting, 815025.005, RD208-01.005) (8 Agency Estimate Total Items) ($224,415.00) Knife River Corporation- Northwest $176,100.00 Estimate $224,415.00 Central Paving Co., Inc. $179,502.00 Idaho Materials & Construction $182,733.00 CT218-09 Page 37 of 58 12/07/2017 Sunroc Corporation $210,250.00 Bidder QUANTITY Unit Price Extension CT218-09 Page 38 of 58 12/07/2017 ADA COUNTY HIGHWAY DISTRICT COST SHARE PERh1IT 40 ACHD (r��}ytr.rs-►Gi�Gn�f) �iYtii'`J.GP� Date- of, Permit: - L�Aak,- 47 , 2017 3775 Adams Street ACHD Contact Person: Garden City Idaho 83714 Name: Cody Homan Phone (208) 387-6280 3775 Adams Street Facsimile (208) 387-6289 Garden City Idaho 83714 Phone: (208) 387-6109 ACHD Project No.: 815025 Permit No.: 016 Capitalized terms that are not defined in this Permit shall have the meanings given to them in the ACHD Cost Share Ordinance No. 215. E. FAR'ITVI:RING A4�NCY INFORMA'110' This permit is granted to: City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 � Contact Person: Jared Hale Engineering, Project Manager 33 F. Broadway Ave. Meridian, Idaho 83642 Phone: (208) 489-0370 Email: -hale u?neridiancity.or il, ROAD PRiDJFC` "AND PF{tCi' >n NON -A. Name/Location of ACIID Road Project: ATION COAiPONE?NTS Pine Avenue, Meridian Road to locust Grove Road, ACHD Project #815025, as depicted in the 95% plans attached hereto and incorporated herein as Exhibit A. Approved Non -Transportation Components, Pursuant to this Permit, ACHD authorizes, and, as a condition of issuing this Permit, requires, the following Non -Transportation Components: 1 Dcsig!i, Construction. And -Pe erp 1ual Maintenance of Permanent Landscaping inthe Buffer Area between the Curb and Sidewalk as depicted on Exhibit A. ACHD authorizes and requires the design and construction of the sod, irrigation system, and trees between approximate stations 00+40 and 28-60, and the perpetual maintenance of treatments that are not concrete, asphalt, gravel, or rock within the public right-of-way installed with the ACHD Project over the entire Project length approved pursuant to this Permit (the "Permanent Landscaping") - (2) Design, Construction, and PeIretual Maintenance of Historic Street Lights within the Right- of -Was, as depicted on Exhibit A. ACRD authorizes and requires the design, construction, and perpetual maintenance of historic street lights (the "Historic Lighting") within the right-of-way between stations 00+40 and 24+00. (3) Construction of Additional Sidewalk within the Right -of -Way= as depicted on Exhibit A. ACHD authorizes and requires the construction of new side%valk on the north side of Pine Ave within the right-of-way between approximate stations 00'40 and 061-60, 07460 and 094-00, 14-+00 and 20+60, 28+60 and 40+30, and 43+50 and 46+40, on the south side of Pine Ave within the right-of-way between approximate stations 06+00 and 27+00, and 37+40 and 50400; and additional sidewalk width and associated handrails on the north side of fine Ave within the right-of-way between approximate stations 06}60 and 07f60, 09x00 and 14-x00, and 20460 and 28+60 (the "Additional Sidewalk"). (44) Construction of New On -Street Parking within the Right -of -Way, as depicted on -Exhibit A. ACHD authorizes and requires the construction of additional pavement for on -street parking (the "New Parking") within the right-of-way between approximate stations 24+00 and 27-x20. (5) tYostnution of Additional Bridge Length and Reaucsted_Pe_destrian Railing within the Right -of -Way at the Bridge at Five Mile Creep. as depicted on Exhibit A. ACHD authorizes and requires the construction of additional bridge Iength and requested pedestrian railing (the "Bridge Additions") within the right-of-way between approximate stations 35+00 and 37 100. j in accordance with Ordinance 215, the foregoing Permanent Landscaping. Historic Lighting, Additional Sidewalk, New Parking, and Bridge Additions are referred to herein as the "Non - Transportation Components. - Ill. ACQUISITION OF RT(:ilT-OF-WAY Conditions of acquisition/contribution of real propertS b) Partnering Agency and/or reimbursement to ACHD by Partnering Agency for acquisition of real property: ACHD has already acquired of is in the process of acquiring right-of-way adequate for the Non - Transportation Components. Thcretore, the acquisition of real property is not required of Partnering Agency. Partnering Agency shall reimburse ACHD fir the cost of the additional right-of-way necessary to incorporate the Non-Transportan.on Components into the Road Project, including, but not limited to, additional sidewalk width. The parcels in the design plans that the Partnering Agency shall reimburse sonic or all of the cost of the additional right-of-way are Parcels 1, 3, 4, 6, 7, 11, 12, 16, 17, 18, 21, 23, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41. 42, 43, 44, 45, 46, 47, 48, 49, 51, 53, 56, 58, 60, 61, 63, and 64. 2 IV. DESIGN OFNON-TRANSPORTATION COMPONEN"i'S Party responsible for obtaining plans/design for Non -Transportation Components: Partnering Agency shall be responsible for obtaining approval ol'the plans/designs of the Non - Transportation Components, which shall consist of dtsigns for the Permanent Landscaping and Historic Lighting described in Section 11. If Partnering Agency is responsible for providing; plans/designs, deadline for submitting; plans/designs to ACHD for approval: Partnering Agency shall submit the plans/designs of the Non -Transportation C'omponents and receive approval from ACRD as to the plansldcsigns prior to installation. Additional conditions: All designs/plans submitted b;- Partnering AgencY n+ill conrpAv with (i) established enginver-ing standards, including the Idaho Standards lar Public Works Construction (ISPRIC); (it) the American Association of State Iighx+ar and Transportation Officials ("" AASHTO' ); (iii) the Cost -Share Ordinance No. 215; (iv) all adopted ACHD rules, regidations, and policies; and (v) all state and federal lativs. No designs shall be considered ltnal until thee- are approved in wruing 4v ACRD. Any modifications to the deadlines set arth above must he approved in writing 1tv .4011)_ Bj, approving such designs/plans. ACHD msurnes no responcihithy for an} deficiencies or inadcquacies in the design or construction of the Non -Transportation Components Allocation of design costs for Non -Transportation Components (including, if applicable, any credits provided to Partnering Agency and application of any federal funding) and time for reimbursement, if applicable: Partnering Agency shall not be responsible for the design costs for the Non -'transportation Components incurred by ACHD. Partnering Agency shall receive no credits in connection with the design costs for the Non -Transportation Components. t V. CONSTRUCTION OF NON -TRANSPORTATION COMPONENTS Description of construction work approved by ACHD to be completed by Partnering Agency (if applicable): (In addition to description, refer to designs and plans attached to this Permit as Exhibits, if applicable. if designs and plans are not complete at the time of issuance of this Permit, they must he approved in writing; by ACHD and shall he incorporated into this Permit.) Upon submission of the plans/dcsigns of the Non -Transportation Components by Partnering Agency and approval by ACHD, AU111) shall proceed with construction; provided, however, that A0 ID shall not install trees or other plants besides sod. Partnering Agency shall complete installation of trees in accordance with the approved plans/designs. Additional conditions: (_ 1) Partnering Agen�trot allox+ any liens to attach to improvements, or other property of 1011) as a result of ant' laMr perfomi d or nraterials supplied in connection with the conrincctior of the ,Von -Transportation Components. (2) Partnering Agency $hall he ,rosponsible for obtaining; all permits required by A(N1) in cnnnectiun tvith a'v construction of the Ivan - Transportation Components. (3) Partnering Agene't- s construction shall not negatively impact ACHD) construction of the Transportation Components or ACHl s Road Project schedule in all tv. i, gv. (a) Ani, amendment to the designs and plans must he approved in writing hi, AC111). (S) All construction of the Nan -Transportation Components shall he in accordance ►vide the designslplots approved hr, ACHD. (6),411 construction by Partnering Agency still comply with (i) establishe(l engincering standards, hic hiding the Idaho Standards fru- Puhlic Mork.s Construction (ISPIt'C'); (ii) the American Association of State I/igh»'ay and Tr•anspor latiott Officials ("AAS/1710"); (iii) the Cost -Share Oirlinance No. 215; (i►) till adopted .4CI11) rales, regulations, and polirles; mid (t) all state avid federal lams. If Partnering Agency Is responsible for all or n part of the construction of the Non - Transportation Components: a. Date for submitting Partnering Agency's contractors and engineers to ACRD for approval: Not applicable due to the nature of the construction. b. Date for submitting Partnering Agency's contractors' and engineers' estimates to ACHD for approval: Not applicable. due to the nature of the construction. c. Date fon submitting; Partnering Agency's contractors' and engineers' contracts to AC1lD for approval: Not applicable due to the nature of the construction. Any modification% to the deadlines set forth ahm v must be approved in writing by ACIID. Allocation of construction costs for Nutt -Transportation Components, reconstruction costs of Transportation Components necessitated by the incorporation of Non -Transportation Components Into the Road Project, ACFID construction, maintenance, administration, and overrun costs (including;, if applicable, ani credits provided to Partnering Agency and application of any federal funding), and time for relmbursentent, If applicable: Partnering Agency shall be solely responsible for all construction costs of the Non - Transportation Components, whether ACHD or Partnering; Agency performs such constriction. Partnering Agency shall receive no credits in connection with the constniction of the Non - Transportation Components, If ACHD perti►rms the construction of the Non -Transportation Components, then Partnering Agency shall reimburse ACHD for the actual cost of all materials used, the cost of the relocation of any utilities necessitated by the Non -Transportation Components, and any other costs associated with the construction and installation of the Non - Transportation Components. Payment by Partnering Agency shall be made to ACHD within all days following; submission of an invoice by ACHD to Partnering Agency identifying such Charges. I Relocation of utilities to be completed by Partnering; Agency (if any): i If Partnering Agency constructs the Non -Transportation Components, Partnering Agency will be solely .mMonsible for the relocation of any utilities required in connection with thePlacement, 0 incorporation, or construction of the Non -Transportation Components_ If ACHD constructs the Non -Transportation Components, Partnering Agency will be solely responsible for the cost of Qie relocation of any such utilities. Storm water provisions (if applicable): The buffer area between sidewalk and vertical curb shell be designed so as to prevent storm water from accumulating and ponding in the buffer area, Additional conditions: Upon a determination by ACIID that the incorporation into the Road Project of Partnering Agency's Non -Transportation Components rill have an adverse effect on storm x ater quantity or quality, Partnering Agency shall be solely responsible for either mitigating or fttrrding the mitigation of any such adverse effects in a means determined by or acceptable to AC'IiD. Schedule for completion of Road Project: At this time, ACHD's schedule for completion of the Transportation Components of the [toad Project completion is unknown, but estimated to be September 2018. The deadline for Partnering Agency's completion of the Non -Transportation Components is upon substantial completion of the Road Project. N'1. MAINTENANCL OU'NON-TRANSPORTATION COMPONENTS. Maintenance requirements of Non -Transportation Components by Partnering Agency: Partnering Agency shall be, and is hereby, granted a non-exclusive, revocable license to maintain, repair, and replace the Permanent Landscaping and Historic Lighting, subject to the provisions of this Permit and during the term of this Permit. ACHD shall maintain, repair, and replace the Additional Sidewalk, New Parking, and Bridge Additions. Partnering Agency shall cause the Permanent Landscaping and Historic Lighting to be operated and maintained in good functioning order during the term of this Permit, in accordance with applicable law, the approved designs/plans, Partnering Agency's landscape and irrigation standards and specifications, and industry standards. This obligation includes, without limitation, grass and lawn care, pruning or replacement of gravel, trees, and shrubs, clean-up of litter and debris, weed removal, and application for shrubs, trees, and groundcover, as applicable. Any replacement and/or installation by Partnering Agency of additional improvements shall be accomplished in accordance with designs, plans, and specifications approved in advance and in writing by ACHD, in its discretion, and as required to satisfy applicable laws, its policies, and good engineering and landscaping practices. Additional conditions.- 1. onditions:1. Phis Permit does not extend to Partnering Agency the right to use anY hart of the ACHD Road Project area to the exclusion of ACHD for any ttse nvithin its jurisdiction, authority, and discretion or of others to the extent authorized by Imt:------ 2. In accessing any part of the Road Project that has been accepted as an open public highway (as the teen "highway" is defined in Idaho Code Section 40-109(5)), Partnering Agency's authorized use is subject to the rights of the public to use the highuwy. 3. The rights granted hereunder erre subject to and subordinate to the rights of holders of easements of records and the statuton, rights oj'utilities to use the right-qf--way. 4. This Permit does not preclude or impede the ability of ACRD to enter into or grant easements or license agreements allowing third parties to access the Road Project area, or the ability of AClID to redesign, reconstruct, relocate, maintain, and improve the Road Prcyect and right-al-wcq as it determines necessary, in its sole discretion. 5. In consideration of the license granted by this Permit. Partnering Agencv ettpressly covenants and agrees that the license granted herein is temporary and merely a permissive use of the ACRD right -of way pursuant to the terms of this Permit. Partnering Agency assur►nes the risk that the license granted herein may be terininated before Partnering Agency has realized the economic: benefit of the cost of installing, constructing, repairing, or maintaining the Non -Transportation Components, and by signing and accepting this Permit, Partnering Agency hereby waives and estops itse f %rain asserting any claim, including damages or reiirnbursement, that the license is in any way irrevocable because Partnering Agencv has expendedfinds rnds on the Non -Transportation Components and the Permit has not been in effect for a period st#ricient for Partnering Agency to realize the economic ben�ftr front such expenditures. h. In the event Partnering Agency fails to replace, repair, maintain, and care Jar the Permanent Landscaping andlor Historic Lighting, ACHD shall have the fallowing remedies in addition to any other recovery in law or in cqui(v, provided that ACHD first gives Partnering; Agency 30 days' notice and Partnering Agency foils to rented), such frihure: (i) ACHD may revoke this Permit; (ii) ACHD ilia), replace, maintain, and/or care for the relevant Aron -Transportation Components, and Partnering Agency shall reimburse .ACHD frtlly ,for all associated costs; (tli) ACHD ray reinoi-e, alter, redesign, or reconstruct the relevant Non -Transportation Canponents or any part t1 the ACHD Road Projeer (including i,dthout limitation the right-af-war'), or in the case of landscaping, replace the Alan - Transportation Components with hardscape, and Pw-trnering Agency shall reinnburse ACHD f illy for all associated costs; and (N) AC11D may refuse to issue any fi rther Cost Share Permits or any other permits for fttture ACHD Road Projects until Parineri►►g Agency complies with the conditions of *tine Permit. hr addition, in the evert of an emergency caused by Parinering,r Agency s failure to peifurm required maintenance, ACHD mai, immediately perform unv and all enrergencr, repairs or take other measures in connection with an emergency, and Partnering Agent.), shall reimburse A71D frilly far all associated Term of Permit: Perpetual, until terminated or revoked pursuant to the provisions of this Permit. Upon termination or revocation of this Permit, upon the request of ACHD, Partnering Agency will either, as directed by ACHD, (i) promptly remove the Non -Transportation Components and restore the underlying area to at least the condition present as of the date of this Permtt, re airing and restoring all portions of ACHD's right-of-way and personal property, if any, that are damaged during such removal activities; or (ii) reimburse ACRD for its cost of redesigning, replacing, and/or reconstructing the right-of-way underlying the Non -Transportation Components. Any portion of the Nun -Transportation Components that remain in ACHD right- of-way ight- ofway 90 days after the termination or revocation of this Permit shall be deemed abandoned, and ACIID shall have the right to remove them or redesign, replace, and reconstruct the right-of- way underlying them and charge all costs to Partnering Agency. VIII. ADDTTIONAi. PROVISIONS .%PPLICABI.E TO PROJECT Additional provisions: This Permit provides the terms upon which the incorporation of the Non -Transportation Components into the Road Project are approved. IX. GENERAt. t'ONDITIO',NS OF PERMIT 1. This Pcrmit is issued conditioned upon Partnering Agency's compliance with ACHD's Cost Share Ordinance No. 215 and all certifications made by Partnering Agency pursuant to this Permit_ 2. This Permit is subject to the provisions of state and federal lmv and ACHD's Cost Share Ordinance No. 215, in effect as of the date of issuance of this Permit (the "Applicable Law"). in the event of any conflict between this Permit and Applicable Law, Applicable Law shall govern. In the event that any part of the obligations of Partnering Agency or of ACHD in connection with the Road Project are determined to be illegal or unenforceable by a court of competent jurisdiction, the remaining obligations of Partnering Agency set forth in this Permit shall still be applicable. Future amendments and restatements of the Cost Share Ordinance shall not be applicable to this Permit. if any portion of the ACHD Road Project (including without limitation any portion of the right- of-way) is damaged as a result of Partnering Agency's action or inaction with regard to the construction, operation, and/or maintenance of the Non -Transportation Components or the failure or neglect to construct, operate, and/or maintain the Non -Transportation Components, then Partnering Agency shall, at its sole cost and expense, correct such deficiency and restore the area to the same condition it was in prior thereto, and if Partnering. Agency or its successors or assigns shall fail or neglect to commence such correction and restoration within 24 hours of notification thereof, ACHD may proceed to do so, in which event Partnering Agency shall reimburse ACHD for the costs and expenses thereof, including, without limitation, reasonable compensation for the use of staff and equipment of ACHD. 4. Partnering Agency shall be liable to ACHD for any and all damages, lines, fees, obligations to third parties, costs, expenses, attorney fees, or any other liabilities whatsoever resulting from Partnering Agency's failure to comply with any provision of this Permit and/or Cost Share Ordinance No. 215. Without limiting the foregoing in any manner, in the event Partnering Agency fails to comply with any provision of this Permit,_then- followin&vim applicable notice and opportunity to cure set forth herein, ACUD shall have the tight, in addition to all other rights and remedies elsewhere in this Permit, to redesign, replace, and/or reconstruct the Non - Transportation Components and/or the right-ol=way underlying the Non -Transportation Components, and in such event, Parncring Agency shall reimburse AO ID for all associated costs. The obligations in this Section shall survive the expiration, revocation, and/or cancellation of this Permit for any reason. 5. Parincring Agency may delegate any of its responsibilities hereunder to any third party so long as it gives prior written notice to ACRD that specifies in detail what responsibilities are being delegated and identifies the third party. Notwithstanding any delegation to a third party, Partnering Agency shall remain and shall be ultimately responsible for the third party's compliance with the terms of this Permit, and no delegation shall absolve Partnering Agency of any duties or obligations of this Permit in any way. In addition, Partnering Agency fully assumes all legal risks of determining whether any such delegation is proper under applicable law and/or regulations, and shall not be absolved of any responsibilities under this Permit if it is unable to complete or maintain any such delegation for any reason. b. Partnering Agency will protect, defend, indenutify, and hold ACIID and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including court costs and attorney fees, arising from or out of any acts or omissions of Partnering Agency, its agents, or contractors related to ur in connection with the Non -Transportation Components and the exercise of any privileges or performance of any obligations by Partnering Agency pursuant to the terms of this Permit. Partnering Agency's obligations in this Section shall survive the expiration, revocation, and/or cancellation of this Permit for any reason 7, in the event the Non -Transportation Component, will or may necessitate future maintenance, repair, relocation, or replacement that is not the subject of this Permit, ACHD shall in its discretion issue Partnering Agency an amended or an additional Cost Share Pertnit to perform such work. K. ACHD shall at all times have the right to relocate, reconstruct, remove, or redesign any and all improvements that are part of the Road Project. ACHD will use its best efforts to advise Partnering Agency of any anticipated actions within the Road Project that would be likely to cause a relocation, modification, or other adaptation of any of the Non -Transportation Components, and the parties, to die extent reasonably possible, shall agree to a priority schedule regarding the same and shall attempt to cooperate with respect to planning and coordination as related to any such relocation, modification, or other adaptation of any of the Non -Transportation Components. if ACHD ultimately determines that any part of the Road Project must be relocated. reconstructed, removed, or redesigned, then Partnering Agency, at its sole cost and expense, shall be responsible for relocating, reconstructing, removing, or redesigning the Non- 'rransporiation Components, as required by ACHD, which shall be accomplished by Parinering Agency according to designs, plans, and specifications approved by ACHD in writing prior to any such work. Partnering Agency may also elect to remove all or a part of the Non -Transportation Components in lieu of any relocation, modification, or adaptation. Partnering Agency assumes any and all costs of itself and ACHD relating to any future relocation of the Non-Transportntion Components. 9. ACHD shall at ill] times have the right to revoke this ,and any other Cost Share Permit granted to Partnering Agency to _accts% any Highway or Public Right -of -Way. In addition, ACHD may immediatoly perform any and all emergency repairs or take other measures in connection with an citlergency, in which case Partnering Agency shall reimburse ACIID fully for all associated costs. 10. Tlus Permit shall immediately be revocable and/or cancelable by ACHD by providing written notice to Partnering Agency upon the occurrcncc of any of the following: (i) a dctennination by ACHD that any of the information submitted by Partnering Agency in the Cost Share Application is false or inaccurate in any manner; (ii) a determination by ACHD that Partim Ing Agency has failed to comply with any term or provision of this Pcrnit or any other permit granted by ACRD to Partnering Agency; or (iii) a determination by ACHD that Partnering Agency has failed to r-I)Iace, maintain, and/or care for the Non -Transportation Components as required by the terms of this Permic Except in an emergency situation, ACHD shall provide Partnering Agency with 30 days' notice of the issue and an opportunity to comply prior to exercising such rights. i i. The issuance of this Permit shall in no way obligate ACHD to provide Partnering Agency with additional permits or rights, not shall ACHD be obligated to utilize provisions or rights set forth in this Permit in connection with additional permits or rights that it may elect to provide to Partnering Agency in the future. 12. All exhibits and any addenda to this Permit aro incorporated herein. 13. This Permit is conditioned upon the signature of ACHD and Partnering Agency below. N SIGNATURES `fhis Cost Share I'ennit is issued by the Ada County Highway District on the date set forth above: Ada County Highway District: The person signing below represents that he or she has the authority on behalf of ACRD to issue this Pernfit and bind ACf[I) to the terms set forth herein. 13y: (3114MICS Its: Director City of Meridian: Acceptance/certification by Partnering Agency: The person signing below represents that the or she has the authority on behalf of Partnering Agency to accept and agree to the terms of this Permit and bind P edL4j-4cn the terms set forth herein. By: Tammy Lr -ii Gerd — - Its- Mayer Exhibits Exhibit A 95% Project Plans MEMORANDUM OF AGREEMENT BETWEEN MERIDIAN DEVELOPMENT CORPORATION AND CITY OF MERIDIAN FOR IMPLEMENTATION AND CONSTRUCTION OF MDC IMPROVEMENTS FOR PINE AVENUE PROJECT This MEMORANDUM OF AGREEMENT BETWEEN MERIDIAN DEVELOPMENT CORPORATION AND CITY OF MERIDIAN FOR LANDSCAPE, LIGHTING, OTHER IMPROVEMENTS, EASMENTS AND RIGHT OF WAY FOR PINE AVENUE PROJECT ('Agreement'), is made and entered into this day of November, 2016, by and between the Meridian Development Corporation, an urban renewal agency organized under the laws of the State of Idaho ("MDC"), and the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") (collectively, "Parties"). WHEREAS, City and MDC have developed a relationship of cooperation and partnership and are mutually interested in enhancing the Meridian community's quality of life and stimulating economic development in the urban renewal area, and to these ends seek to work together to fund certain landscaping, lighting, easements, right of way and other improvements to be installed as part of the Ada County Highway District ("ACHD")'s Pine Avenue Project roadway improvements ("Project"); WHEREAS, City and ACHD will be entering into a Cost -Share Agreement which provides City with the ability to participate in the planning and funding of certain improvements ("Cost -Share Agreement") in the Project; WHEREAS, the Cost -Share Agreement will allow MDC, through the City, to participate in the planning and funding of certain desired landscaping, lighting and other improvements as part of the Project; WIIEREAS, MDC and City previously entered into a cooperative agreement for the design of the MDC lighting, landscaping and other improvements and this Agreement concerns the implementation and construction of those designs; WHEREAS, pursuant to ACHD's recommendation, the respective governing boards of City and MDC find that it is most efficient for all parties to enter into this cooperative Agreement, rather than entering into separate agreements with ACHD; NOW, THEREFORE, for and in consideration of the covenants, agreements and conditions hereinafter set forth, the parties mutually agree as follows: I. CITY's RESPONSIBILITIES. A. Improvements. City shall enter into a Cost -Share Agreement with ACHD allowing the City to select and cover the costs of the construction of certain improvements as part of the Project. In the Cost -Share Agreement, the City will require that ACHD include in the bid and construction documents for the Project those improvements that are desired by MDC, and related right-of-way acquisition, as generally described in Exhibit A, which is attached PRoiscT AGREEMENT BETWEEN MDC AND CITY— PINE AvE. PROJECT PAGE l hereto and incorporated by reference herein ("MDC Improvements"). The Project is projected to be completed by 2018; however, ACHD ultimately controls the Project timeline. B. Authority of MDC. City shall consult with MDC Contact regarding the MDC Improvements throughout the design, bid and construction process. The MDC must review and approve the final design plans before submission to ACRD. MDC will be notified of and may attend any meetings regarding the Project. City will incorporate MDC Contact's input regarding the MDC Improvements into their requested improvements for the Project with ACRD. MDC may require that certain items in the MDC Improvements be included as bid alternates in the bid documents for the Project. If the bid results are not favorable MDC may remove some of the MDC Improvements from the Project. City shall be responsible for final decisions regarding plant and tree selection, planting details, irrigation, corresponding electrical utilities, and other landscaping related components requiring long-term maintenance upon installation; however, MDC retains the right to require that the City request a change order in accordance with terms of the Cost -Share Agreement regarding any of the MDC Improvements. MDC agrees that landscaping improvements will meet City standards but MDC retains the authority to adjust the scope of the MDC Improvements by change order as it deems necessary. If MDC requests such a change order and said change order is pursued and approved, then MDC will bear the costs associated with the change order. If the change order results in a reduction in the scope and/or amount of the MDC Improvements, the City may decline to request the change order but it shall be responsible for the cost difference between the MDC requested charge order to reduce the scope and what is constructed. Any change order concerning the MDC Improvements must be approved by MDC. C. Invoice MDC. Following ACHD's invoice to City for the MDC Improvements, and/or any expenditures or advance payments related thereto, City shall provide to MDC Contact an invoice for such amount. Following timely receipt of MDC's payment, City shall pay ACHD. IL MBUS OBLIGATIONS A. Cooperation with City. MDC shall designate an MDC Contact, which individual shall consult with City throughout the design and construction process in order to ensure that the design and construction of the MDC Improvements meets applicable MDC goals and requirements. During the design process and subject to the provisions of Section I.B. above regarding landscaping improvements MDC input will be incorporated by the City into the Project designs of for the MDC improvements. During construction of the MDC Improvements, MDC may request change orders in compliance with the timelines provided for in the Cost -Share Agreement. For change orders that are granted MDC will be responsible for any increased cost and will have the amount owed to the City reduced by any decrease in cost associated with the change order. If the City declines to pursue the change order, then it will pay for any increased cost associated with the difference between the requested charge order and what is constructed. PROJECT AGREEMENT BETWEEN MDC AND MY - PINE AvE. PROJECT PAGE 2 B. Final acceptance. Upon final completion of the MDC Improvements, MDC Contact shall report same to the MDC Board, and shall provide to City written notice of the MDC Board's approval of the MDC Improvements. C. Reimbursement. Within thirty (30) days of City's invoice for payments made for MDC Improvements or expenses related thereto, MDC shall pay City in full. 1111. GENERAL PROVISIONS. A. City and MDC Contacts. The parties hereby designate the following individuals to serve as the City Contact and MDC Contact, respectively: City Contact: MDC Contact: Mike Barton, Parks Superintendent Ashley Squyres, Administrator mbarton@meridiancity.org meridiandevelopmentcorp@gmail.com 208-888-3579 208-477-1632 B. Notice. Communication between City Contact and MDC Contact may occur via e-mail or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: If to City: If to MDC: City Clerk, City of Meridian Ashley Squyres, Administrator 33 E. Broadway Avenue Meridian Development Corporation Meridian, Idaho 83642 104 East Fairview Avenue #239 Meridian, Idaho 83642 C. Term. This Agreement begins immediately upon execution and unless earlier terminated as provided herein, this Agreement shall expire on December 31, 2020 or upon payment of the amount owed hereunder by MDC, whichever occurs first. D. Assignment. Neither parry shall assign all or any portion of its respective interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of the other party. This Agreement and each and all of the terms and conditions hereof shall apply to and are binding upon the respective organizations, legal representative, successors, and assigns of the parties. E. No agency. For purposes of or in furtherance of this Agreement, neither party nor its respective employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall be considered agents of the other in any manner or for any purpose whatsoever. F. Hold harmless. For purposes of or in furtherance of this Agreement, each party and each of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, shall save and hold harmless the other party from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or PROJECT AGREEMENT BETWEEN MDC AND CITY -PINE AVE. PROJECT PAGE 3 incurred by either party or any employee, agent, contractor, official, officer, servant, guest, and/or invitee thereof. G. Compliance with laws. In performing the scope of services required hereunder, City and MDC shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. M Attorney Fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. I. Termination. Grounds. Grounds for termination of this Agreement shall include, but shall not be limited to: an act or omission by either party which materially breaches any term of this Agreement; an act of nature or other unforeseeable event which precludes or makes impossible the performance of the terms of this Agreement by either party; or a change in or occurrence of circumstances that renders the performance by either party a detriment to the public health, safety, or welfare. 2. Process. Either party may terminate this Agreement by providing thirty (30) days' notice of intention to terminate. Such notice shall include a description of the breach or circumstances providing grounds for termination. A fourteen (14) day cure period shall commence upon provision of the notice of intention to terminate. If, upon the expiration of such cure period, cure of the breach or circumstances providing grounds for termination has not occurred, this Agreement may be terminated upon mailing of notice of termination. Effect of MDC termination. Should MDC terminate this Agreement at any point after ACRD incurs expenses or contractual obligations related to installation or programmed installation of the MDC Improvements, MDC shall pay to City the full remaining amount due from City to ACRD for all such expenses or contractual obligations, both those incurred as of termination of this Agreement and those to be incurred, as set forth in the Cost -Share Agreement. This paragraph remains subject to the provisions of this Agreement regarding change orders set forth above in paragraph H.A. J. Construction and severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. K. Non -waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time PROJECT AGREEMENT BETWEEN MDC AND CITY -PINE AVE. PROJECT PAGE 4 after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. L. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and MDC. The Parties signatory hereto represent and warrant that each is duly authorized to bind, respectively, City and MDC to this Agreement in all respects. M. Appropriation. Notwithstanding anything in this Agreement to the contrary, MDC's obligations under this Agreement to provide payment to City as described herein shall be subject to and dependent upon appropriations being made by the MDC governing board for such purpose. The officer or administrator charged with the responsibility of preparing MDC's Fiscal Year budgets shall include in that proposed budget the amount noted herein, which will be duly considered by the Board along with the other proposed expenditures for each Fiscal Year during the term of this Agreement. N. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. IN WITNESS WFIEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. MERIDIAN DEVELOPMENT CORPORATION: CITY OF MERIDUN: BY: Tammy d erd, Mayor Attest: =" CLJay CoW, Ofty Clerk PRolECT AGREEMENT BETWEEN MDC AND C[TY- PINE AVE. PROJECT PAGE 5 EXHIBIT A MDC IMPROVEMENTS This is a general description of the improvements to be planned and funded by MDC. The MDC Improvements noted below will be considered to be modified to correspond to any change order requested by MDC. The MDC Improvements include the following: 1. Any associated easements or rights of way necessary to construct these MDC Improvements. 2. Sidewalks 3. Landscaping a. Trees and Plantings b. Irrigation components 4. Historical Lighting a. Poles b. Associated electrical/utility PROJECT AGREEMENT BETWEEN MDC AND CITY -PINE AVE. PROJECT PAGE 6 City Council Meeting Meeting Date: January 23, 2018 Agenda Item Number: Project/File Number: Item Title: Ordinance No. 18-1762: An Ordinance of the City of Meridian amending Meridian City Code as Codified at Title 11, Section 3 Entitled the Unified Development Code, of the Meridian City Code; Providing for a Waiver of the Reading Rules; and Providing an Effective Date. Meetina Notes CITY OF MERIDIAN ORDINANCE NO. � — � 7 6 �' BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE AMENDING MERIDIAN CITY CODE AS CODIFIED AT TITLE 11, ENTITLED THE UNIFIED DEVELOPMENT CODE, OF THE MERIDIAN CITY CODE PERTAINING TO: DEFINITIONS; ALLOWED USES IN ALL DISTRICTS; SPECIFIC USE STANDARDS (HOME OCCUPATION AND RETAIL STORE, WINE AND BEER SALES AND SERVINGS); SURETY AGREEMENTS AND ESTABLISH NEW DEFINITIONS AND REGULATIONS TO ALLOW THE OPERATION OF FOOD AND BEVERAGE PRODUCTS PROCESSING, MINOR, IN THE COMMERCIAL, INDUSTRIAL AND TRADITIONAL NEIGHBORHOOD ZONING DISTRICTS; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Unified Development Code is the official zoning ordinance for the City of Meridian and provides an opportunity to better support the Comprehensive Plan and provide a tool that is relevant and contemporary to the needs of the City; and, WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to incorporate changes to the Unified Development Code within the City of Meridian. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code Sectionll-1-11D, Unified Development Code, be amended as follows: D. Revocation of Conditional Use ^F ^^^esseFy "s^ Permit: 1. A conditional use eF aeeesseFy use permit may be revoked or modified by the city council, upon notice and hearing, for breach or violation of any condition of approval or limitation of the permit. 2. If the city council decides to revoke a conditional use permit eF aeeesseFy use perm+, either on its own action or upon complaint to the city council, the council shall notify the permit holder of its intention to revoke the permit and provide the permit holder with the opportunity to contest the revocation at a public hearing before the City Council. 3. Fifteen (15) days' prior notice of the hearing shall be given to the permit holder and all property owners within three hundred feet (300') of the boundaries of the land for which the permit was issued. 4. The city council shall make findings of fact and conclusions of law supporting its decision to revoke the conditional use ^r aeeessery use permit. If the council does not decide to revoke the permit, no findings of fact and conclusions of law shall be made. JANUARY 2018 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - H 2017-0044 PAGE 1 OF 15 JANUARY 2018 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2017-0044 PAGE 2 OF 15 5. An aggrieved permit holder or complainant may appeal the decision of the city council under the administrative procedures act of the state of Idaho, Idaho Code section 67-5270. Section 2. That Meridian City Code Section11-1-11E, Unified Development Code, be amended as follows: * * * E. Revocation, modification, or denial of accessory use permit: 1. An accessory use permit may be revoked or modified by the director upon a finding of breach or violation of any condition of approval or limitation of the permit. An accessory use permit application may be denied by the director upon a finding that the proposed use cannot or will not be conducted in compliance with applicable specific use standards. The director shall provide the permit holder written notice of the revocation, modification, or denial, and shall provide the permit holder with information regarding the opportunity to appeal such action. 2. The permit holder or applicant may appeal the director’s revocation, modification, or denial of an accessory use permit. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the city clerk via U.S. mail or in person within fourteen (14) days of such revocation, modification, or denial. Upon receipt of such written appeal, the city clerk shall schedule a public hearing on the appeal at a city council meeting within thirty (30) days. The clerk shall provide fifteen (15) days’ notice of the hearing to the permit holder or applicant and all property owners within three hundred feet (300') of the boundaries of the land for which the permit was issued. 3. Following public hearing on the appeal, city council shall affirm, modify, or reverse the director’s action and shall issue written findings supporting such decision. The city council's decision on such appeal shall be a final decision. Section 3. That Meridian City Code Section11-1A-1, Unified Development Code, be amended by adding the following definitions: * * * ACCESSORY USE , NON-RESIDENTIAL: A use or activity that is incidental and secondary subordinate to the principal use and is conducted upon the same property. BREWERY: The use of a site that manufactures beer or malt liquor. The use may include the ancillary sale or dispensing of beer or malt liquor by the drink or glass. DIRECT SALES: The sale, distribution, presentation, demonstration, or supply of goods directly to consumers from the fabricator or producer of such goods through independent consultants, agents, or contractors. DISTILLERY: The use of a site that manufactures distilled beverages. The use may include the ancillary sale or dispensing of liquor by the drink or glass. Meridian City Council Meeting Agenda January 23, 2018 – Page 349 of 363 JANUARY 2018 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2017-0044 PAGE 3 OF 15 DRINKING ESTABLISHMENT: The use of a site primarily for the sale or dispensing of alcohol by the drink or glass. Th ise use includes, but is not limited to, is commonly referred to as a bar, brewery, lounge, nightclub, and tavern. FOOD AND BEVERAGE PRODUCTS PROCESSING; MAJOR (NAICS Code 311): The use of a site for producing, manufacturing, processing or storage of food products. The use includes, but is not limited to, beverages, coffee, ice, snacks, fruits, vegetables, spices, confectionery, and dairy products. Excluded uses are animal products, seafood, milling and refining. FOOD AND BEVERAGE PRODUCTS PROCESSING; MINOR: The use of a site or portion thereof for small scale operation of producing; manufacturing; processing and storage of food and beverage products. The use must contain a tasting room, dining area, retail showroom or any combination of these areas. The term includes brewery; distillery and winery. A use that does not meet the specific use standards listed in Chapter 4 shall be defined as Food and Beverage Products Processing, Major. ACCESSORY USE, HOME OCCUPATION: A n occupation, profession, activity, or commercial use or activity that is clearly an incidental and secondary use of to a residential dwelling unit . and that does not alter the exterior of the property or affect the residential character of the neighborhood. This term shall not include “Daycare Facility” as herein defined. INDUSTRY, HEAVY: A. A use engaged in the basic processing and manufacturing of materials or products, predominately from extracted or raw materials; B. A use engaged in storage or manufacturing processes using flammable or explosive materials; C. Storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. Included uses are animal products, seafood, milling and refining. PERSONAL AND PROFESSIONAL SERVICES: The use of a site for the provision of individualized services generally related to personal needs. Personal service uses include, but are not limited to, beauty and healthcare services such as salons, hair, nail and skin care, spa, and barbers; fitness training and instruction; locksmiths; and repairs such as footwear and leather goods, and watches. Professional service uses include, but are not limited to: architects, landscape architects and other design services; computer designers; consultants; lawyers; media advisors; photography studios; fitness trainers; and title companies. The term does not include healthcare and social service. RESTAURANT: A. The use of a site for the primary purpose of food preparation, having a commercial kitchen and cooking facilities, and where meals are regularly served to the public for compensation. The use includes, but is not limited to, cafe, coffee shop, delicatessen, diner, eatery, grill, pizza parlor, restaurant, retail bakery, sushi bar, steakhouse. B. Establishments with a liquor and/or beer and wine license that includes a restaurant certificate and that meet the definition of restaurant as set forth in Idaho administrative code 11.05.01.010.0 74. Meridian City Council Meeting Agenda January 23, 2018 – Page 350 of 363 JANUARY 2018 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2017-0044 PAGE 4 OF 15 C. Establishments with a beer and wine license that meet the definition of restaurant as set forth in Idaho administrative code 11.05.01.010.04, including, but not limited to, brewpubs and wine bars. RETAIL SALES: The sale, distribution, presentation, demonstration, or supply of goods to consumers through or at a retail store. RETAIL STORE, WINE AND BEER SALES AND SERVINGS: The use of a site that offers wine and/or beer to the public for monetary compensation for off-site consumption as well as and offers servings of such for purchase by the bottle or glass. The use includes, but is not limited to, wine shops and brewing supply stores. The use does not include, brewery, distillery, drinking establishment s, or restaurant s or winery as herein defined. The use does not include stores that sell wine and beer but do not offer servings. WINERY: The use of a site that manufactures alcoholic beverages from the fermented juice of grapes, fruits, or other liquid bearing plants. The use may include the ancillary sale or dispensing of wine by the drink or glass. Section 4. That Meridian City Code Section11-2A-2A, Unified Development Code, be amended as follows: * * * A. Permitted uses and accessory uses in residential districts shall be reviewed in accord with chapters 2, “District Regulations”, 3, "Regulations Applying To All Districts", 4, "Specific Use Standards", and 5, "Administration", of this title . , except that single- family detached homes and secondary dwellings shall be reviewed in accord with the standards established in title 10 of this code. Any person establishing, operating, or carrying on a home occupation or family daycare in a residential district shall obtain an accessory use permit prior to establishing, operating, or carrying on such use. Any person establishing, operating, or carrying on any other permitted and/or accessory use in a residential district shall obtain a certificate of zoning compliance prior to establishing, operating, or carrying on such use, except that single-family detached homes and secondary dwellings shall not require certificate of zoning compliance and/or accessory use approval. Standards within this title related to such uses shall be reviewed in the course of the building permit process. It shall be unlawful and a violation of the unified development code for any person to conduct in a residential district any permitted or accessory use unless such person first obtains each and every applicable permit from the city. 1. Single-family detached homes, single family attached homes, townhomes and secondary dwellings shall be reviewed in accord with the standards established in title 10 of this code and shall not require certificate of zoning compliance and/or accessory use approval. Meridian City Council Meeting Agenda January 23, 2018 – Page 351 of 363 JANUARY 2018 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2017-0044 PAGE 5 OF 15 2. The operator of a home occupation accessory use or family daycare in a residential district shall obtain an accessory use permit prior to establishing, operating, or carrying on such use. The director shall deny an application for a home occupation accessory use upon a finding that such use cannot or will not be conducted in compliance with applicable specific use standards. Such finding may be based on the inherent nature of the use, the proposed manner of the use, or the manner of the use as previously conducted by the applicant. 3. Any other permitted and/or non-residential accessory use in a residential district shall obtain a certificate of zoning compliance prior to establishing, operating, or carrying on such use. * * * Section 5. That Meridian City Code Section11-2A-2, Unified Development Code, be amended as follows: * * * TABLE 11-2A-2 ALLOWED USES IN THE RESIDENTIAL DISTRICTS Use R-2 R-4 R-8 R-15 R-40 Daycare center 1 - C C P P Daycare, family 1 - A A A C Daycare, group 1 - - C P P Direct s ales 3 A A A A A Dwelling , secondary 1 A A A A A Home occupation , accessory use 1 A A A A A Notes: 1. Indicates uses that are subject to specific use standards in accord with chapter 4 of this title. 2. Multi-family dwellings may be allowed in the R-4 and R-8 land use districts when included in a planned unit development (PUD). 3. Subject to the home occupation, accessory use standards set forth in UDC 11-4-3-21. * * * Section 6. That Meridian City Code Section11-2B-2A, Unified Development Code, be amended as follows: * * * A. Permitted uses and accessory uses in commercial districts shall be reviewed in accord with chapters 2, “District Regulations”, 3, "Regulations Applying To All Districts", 4, "Specific Use Standards", and 5, "Administration", of this title. Any person establishing, operating, or carrying on a home occupation or family daycare in a commercial district Meridian City Council Meeting Agenda January 23, 2018 – Page 352 of 363 JANUARY 2018 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2017-0044 PAGE 6 OF 15 shall obtain an accessory use permit prior to establishing, operating, or carrying on such use. Any person establishing, operating, or carrying on any other permitted and/or accessory use in a commercial district shall obtain a certificate of zoning compliance prior to establishing, operating, or carrying on such use. It shall be unlawful and a violation of the unified development code for any person to conduct in a commercial district any permitted or accessory use unless such person first obtains each and every applicable permit from the city. 1. The operator of a home occupation accessory use or family daycare in a commercial district shall obtain an accessory use permit prior to establishing, operating, or carrying on such use. The director shall deny an application for a home occupation accessory use upon a finding that such use cannot or will not be conducted in compliance with applicable specific use standards. Such finding may be based on the inherent nature of the use, the proposed manner of the use, or the manner of the use as previously conducted by the applicant. 2. Any other permitted and/or non-residential accessory use in a commercial district shall obtain a certificate of zoning compliance prior to establishing, operating, or carrying on such use. * * * Section 7. That a portion of the table at Meridian City Code Section11-2B-2, Unified Development Code, be amended as follows: Table 11-2B-2 Allowed Uses in the Commercial Districts * * * Use C-N C-C C-G L-O M-E H-E Flex space 1 - P P - P - Food and beverage products processing; minor 1 P/C P/C P/C - P/C P/C Fuel sales facility 1 C P P - - C Fuel sales facility, truck stop 1 - - C - - - Healthcare or social services P P P P P P Home occupation , accessory use 1 A A A A - - Use C-N C-C C-G L-O M-E H-E Meridian City Council Meeting Agenda January 23, 2018 – Page 353 of 363 JANUARY 2018 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2017-0044 PAGE 7 OF 15 Restaurant P P P C A A Retail sales P P P - A A Retail store P P P - A A * * * Section 8. That Meridian City Code Section11-2C-2A, Unified Development Code, be amended as follows: * * * A. Permitted uses and accessory uses in industrial districts shall be reviewed in accord with chapters 2, “District Regulations”, 3, "Regulations Applying To All Districts", 4, "Specific Use Standards", and 5, "Administration", of this title. Any person establishing, operating or carrying on any permitted and/or accessory use in an industrial district, including a single- family detached dwelling used as a caretaker dwelling, shall obtain a certificate of zoning compliance prior to establishing, operating, or carrying on such use. It shall be unlawful and a violation of the unified development code for any person to conduct in an industrial district any permitted or accessory use unless such person first obtains each and every applicable permit from the city. 1. Any permitted and/or non-residential accessory use in an industrial district, including a single-family detached dwelling used as a caretaker dwelling, shall obtain a certificate of zoning compliance prior to establishing, operating, or carrying on such use. * * * Section 9. That a portion of the table in Meridian City Code Section11-2C-2, Unified Development Code, be amended as follows: * * * TABLE 11-2C-2 ALLOWED USES IN THE INDUSTRIAL DISTRICTS Use I-L I-H Food and beverage products processing; minor 1 P/C - Food and beverage products processing ; major 1 P P * * * Meridian City Council Meeting Agenda January 23, 2018 – Page 354 of 363 JANUARY 2018 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2017-0044 PAGE 8 OF 15 Section 10. That Meridian City Code Section11-2D-2A, Unified Development Code, be amended as follows: * * * A. Permitted uses and accessory uses in traditional neighborhood districts shall be reviewed in accord with chapters 2, “District Regulations”, 3, "Regulations Applying To All Districts", 4, "Specific Use Standards", and 5, "Administration", of this title . except that single-family detached homes and secondary dwellings shall be reviewed in accord with the standards established in title 10 of this code. Any person establishing, operating, or carrying on a home occupation or family daycare in a traditional neighborhood district shall obtain an accessory use permit prior to establishing, operating, or carrying on such use. Any person establishing, operating, or carrying on any other permitted and/or accessory use in a traditional neighborhood district shall obtain a certificate of zoning compliance prior to establishing, operating, or carrying on such use, except that single-family detached homes and secondary dwellings shall not require certificate of zoning compliance and/or accessory use approval. Standards within this title related to such uses shall be reviewed in the course of the building permit process. It shall be unlawful and a violation of the unified development code for any person to conduct in a residential district any permitted or accessory use unless such person first obtains each and every applicable permit from the city. 1. Single-family detached homes, single-family attached homes, townhomes and secondary dwellings shall be reviewed in accord with the standards established in title 10 of this code and shall not require certificate of zoning compliance and/or accessory use approval. 2. The operator of a home occupation accessory use or family daycare in a traditional neighborhood district shall obtain an accessory use permit prior to establishing, operating, or carrying on such use. The director shall deny an application for a home occupation accessory use upon a finding that such use cannot or will not be conducted in compliance with applicable specific use standards. Such finding may be based on the inherent nature of the use, the proposed manner of the use, or the manner of the use as previously conducted by the applicant. 3. Any other permitted and/or non-residential accessory use in a traditional neighborhood district shall obtain a certificate of zoning compliance prior to establishing, operating, or carrying on such use. * * * Section 11. That a portion of the table in Meridian City Code Section11-2D-2, Unified Development Code, be amended as follows: * * * TABLE 11-2D-2 ALLOWED USES IN THE TRADITONAL NEIGHBORHOOD DISTRICTS Meridian City Council Meeting Agenda January 23, 2018 – Page 355 of 363 JANUARY 2018 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2017-0044 PAGE 9 OF 15 Use O-T TN -C TN -R Financial institution 1 P P C Food and beverage products processing; minor 1 P/C P/C - Healthcare or social services P P - Home occupation , accessory use 1 A A A * * * Section 12. That Meridian City Code Section11-4-3-9, Unified Development Code, be amended as follows: A. General standards for all child daycare and adult care uses, including the classifications of daycare center; daycare, family; and daycare, group: 1. In determining the type of daycare facility, the total number of children at the facility at one time, including the operator's children, is the determining factor. 2. On site vehicle pick up, parking and turnaround areas shall be provided to ensure safe discharge and pick up of clients. 3. The decision making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. 4. Upon tentative approval of the application by the director or commission for a daycare center facility, the applicant or owner shall provide proof of criminal background checks and fire inspection certificates as required by title 39, chapter 11, Idaho Code. Said proof shall be provided prior to issuance of certificate of zoning compliance. The applicant or owner shall comply with all state of Idaho and department of health and welfare requirements for daycare facilities. 5. In residential districts or uses adjoining an adjacent residence, the hours of operation shall be between six o'clock (6:00) A.M. and eleven o'clock (11:00) P.M. This standard may be modified through approval of a conditional use permit. 6. Prior to submittal of an application for an accessory daycare facility in a residential district, the applicant or owner shall hold a neighborhood meeting in accord with subsection 11-5A-6C 11-5A-4B of this title. Notice of the neighborhood meeting shall be provided to all property owners of record within one hundred feet (100') of the exterior boundary of the subject property. The applicant shall not exceed the maximum number of clients as stated in the approved permit or as stated in this title, whichever is more restrictive. B. Additional standards for daycare facilities that serve children: Meridian City Council Meeting Agenda January 23, 2018 – Page 356 of 363 JANUARY 2018 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2017-0044 PAGE 10 OF 15 1. All outdoor play areas shall be completely enclosed by minimum six foot (6') nonscalable fences to secure against exit/entry by small children and to screen abutting properties. 2. Outdoor play equipment over six feet (6') high shall not be located in a front yard or within any required yard. 3. Outdoor play areas in residential districts adjacent to an existing residence shall not be used after dusk. C. Additional standards for family daycare facilities conducted as home occupation s accessory uses : 1. In no way shall the family daycare cause the premises to differ from its residential character in the appearance, emit lighting, signs, or in the emission of noise, fumes, odors, smoke, dust, vibrations, or electrical interference that can be observed outside the dwelling. A sign may be displayed for advertising the family daycare facility in accord with the standards set forth in UDC 11-3D-8B. 2. Off street parking shall be provided as set forth in section 11-3C-6 of this title, in addition to the required off street parking for the dwelling. Section 13. That Meridian City Code Section11-4-3-19, Unified Development Code, be amended as follows: 11-4-3-19: FOOD AND BEVERAGE PRODUCTS PROCESSING ; MAJOR : A. All structures, loading areas, outdoor activity areas, exclusive of parking shall be located a minimum of six hundred feet (600') from any abutting residential districts. B. Food processing shall be located a minimum of one thousand feet (1,000') from any hospital. C. The application materials shall include written documentation that the proposed facility meets any applicable federal, state, or local standards regarding such use including, but not limited to, those of the U.S. environmental protection agency, the U.S. department of agriculture, Idaho department of environmental quality (DEQ), Idaho department of agriculture, Idaho department of water resources, and Central district health department. Section 14. That Meridian City Code Section11-4-3-21, Unified Development Code, be amended as follows: 11-4-3-21: HOME OCCUPATION ACCESSORY USE : TheIn addition to the noticing requirements set forth in subsections 11-2A-2A, the following standards apply to all home occupation accessory uses with the exception that strict adherence to the standards contained in subsections B, C, E, F, G and FH of this section in the TN-C and TN-R districts is not required: Meridian City Council Meeting Agenda January 23, 2018 – Page 357 of 363 JANUARY 2018 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2017-0044 PAGE 11 OF 15 A. The home occupation accessory use shall only be allowed as an incidental, secondary use to an allowed residential use. The operator of the home occupation accessory use shall be responsible for obtaining an accessory use permit, as well as any and all other applicable licenses, permits, or inspections, prior to operating the home occupation accessory use. Where a home occupation accessory use includes the provision of lessons or instruction to a group of seven (7) or more students at one time, prior to submittal of an application for an accessory use permit, the applicant shall hold a neighborhood meeting in accord with subsection 11-5A-4B of this title. B. Allowed home occupation accessory uses include, but are not limited to: 1. Personal and professional services. 2. Direct sales. 3. Artisan craft production or instruction. 4. Art, dance, music, or other lessons/instruction. 5. Any other similar use, as determined by the Director. C. Prohibited home occupation accessory uses include, but are not limited to: 1. Vehicle repair. 2. Vehicle rental. 3. Vehicle washing. 4. Equipment repair. 5. Equipment rental. 6. Retail sales, except: a. The sale of services or items produced or fabricated on the premises as a result of the home occupation accessory use; b. The sale of products secondarily related to the personal service aspect of the home occupation accessory use; or c. The sale of products sold online that are delivered to customers by mail. 7. Any other use prohibited by the UDC or in violation of the purpose statement of this code, as determined by the Director. A.D. In no way shall the home occupation accessory use emit lighting, signs, or in the emission of noise, fumes, smoke, dust, odors, vibrations, or electrical interference that can be observed outside the dwelling. A sign may be displayed at the dwelling for advertising the home occupation accessory use in accord with the standards set forth in UDC 11-3D-8B. B.E. The home occupation accessory use shall be conducted entirely in the dwelling, and not more than ten percent (10%) twenty five percent (25%) of the overall living area of said dwelling shall be used for a home occupation accessory use or for storing goods associated with the home occupation accessory use. An attached garage shall be included in the calculation of the area of the dwelling for this purpose. may be used for a home occupation provided it shall not reduce the required off street parking below the standard established for that district and the area being used for the home occupation is calculated to be no greater than twenty five percent (25%) of the overall living area of the dwelling. Meridian City Council Meeting Agenda January 23, 2018 – Page 358 of 363 JANUARY 2018 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2017-0044 PAGE 12 OF 15 C.F. No activity connected to the home occupation accessory use or any storage of goods, materials, or products connected with a home occupation accessory use shall be allowed in any detached garage or detached accessory structure. D. E. G. The home occupation accessory use shall not have more than two (2) outgoing pick-ups per day from a common carrier. F. H. The home occupation accessory use shall be conducted by the inhabitants of the dwelling, and no more than one nonresident employee shall be permitted at any time . G. I. The home occupation accessory use shall not serve as a headquarters or main office where employees come to the site and are dispatched to other locations. H. No retail sales shall be permitted from the dwelling except the sale of: 1) services or items produced or fabricated on the premises as a result of the home occupation; or 2) products secondarily related to the personal service aspect of the home occupation; or 3) products sold online that are delivered to customers by mail. I. J. Off street parking shall be provided as set forth in section 11-3C-6 of this title, in addition to the required off street parking for the dwelling. J. K. All visits by clients, customers, and/or employees shall occur between the hours of eight o'clock (8:00) A.M. and eight o'clock (8:00) P.M. K. The home occupation shall only be allowed as an accessory use to an allowed residential use. Section 15. That Meridian City Code Section11-4-3-46, Unified Development Code, be added as follows: 11-4-3-46: FOOD AND BEVERAGE PRODUCTS PROCESSING; MINOR: A. The building or tenant space shall not exceed a gross floor area of 5,000 square feet. In the commercial, industrial and traditional neighborhood districts additional square footage may be approved with a conditional use permit. In no case shall the maximum square footage in any of these districts exceed 10,000 square feet. B. In the commercial districts, a conditional use permit shall be required when the use is located within three hundred feet (300’) of a residential district or existing residence. C. In the commercial and traditional neighborhood districts, the dining area, tasting area, retail showroom or any combination thereof, shall comprise a minimum of twenty-five percent (25%) of the building and/or tenant space, as applicable. D. In the industrial districts, the dining area, tasting area and the retail showroom or any combination thereof, shall not exceed more than twenty-five percent (25%) of the building and/or tenant space, as applicable. E. Storage of materials used in the production process shall only be permitted within a completely enclosed structure. Other outdoor storage areas not associated with the Meridian City Council Meeting Agenda January 23, 2018 – Page 359 of 363 JANUARY 2018 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2017-0044 PAGE 13 OF 15 production process shall comply with section 11-3A-14, "Outdoor Storage As An Accessory Use", of this title. Outdoor storage is prohibited in the traditional neighborhood districts. F. Mechanical equipment associated with the manufacturing of the beverage may be reviewed and approved as an integrated architectural element of the building through administrative design review as a design standards exception. G. Alcohol servings shall be limited to the following time periods: eleven o'clock (11:00) A.M. to ten o'clock (10:00) P.M. Section 16. That a portion of the table in Meridian City Code Section11-5A-2, Unified Development Code, be amended as follows: * * * TABLE 11-5A-2 DECISION MAKING AUTHORITY AND PROCESS BY APPLICATION Application Recommending Body Decision Making Body Process Accessory use for daycare, family None D N Accessory use, home occupation with customers, clients, and/or employees None D N A Accessory use, home occupation with no customers or clients including provision of lessons or instruction to a group of seven (7) or more students None D A N * * * CC = City council A = Administrative D = Director N = Administrative with public notice PZ = Planning and zoning commission PH = Public hearing PM = Public meeting Section 18. That Meridian City Code Section11-5C-3, Unified Development Code, be amended as follows: 11-5C-3: PROCESS: A. The city may withhold building, electrical or plumbing permits, certificates of zoning compliance, or certificates of occupancy on the lots or land being developed or subdivided, or the structures constructed thereon, if the improvements required under this title have not been constructed or installed, or if such improvements are not functioning properly. Meridian City Council Meeting Agenda January 23, 2018 – Page 360 of 363 JANUARY 2018 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE – H 2017-0044 PAGE 14 OF 15 B. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the city engineer, an owner may post a performance surety for such improvements that are needed to protect the public life, safety and health including, but not limited to, water, sewer, reclaimed water, stormwater facilities or improvements, and power facilities; parking lot paving and striping; and street paving) in order to obtain city engineer signature on the final plat. The amount of the performance surety shall be established by city council resolution. The estimated cost shall be provided by the applicant and reviewed and approved by the city engineer. In addition to the performance surety, all such improvements shall also be subject to a warranty surety in the amount of twenty percent (20%) of the cost of improvements for a period of two (2) years. The amount of the performance surety shall be established by city council resolution. C. In the event that an applicant and/or owner cannot complete the nonlife, nonsafety and nonhealth improvements, such as landscaping, pressurized irrigation, and fencing, prior to city engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved in accord with the procedures set forth in this chapter. The amount of surety called for shall be established by city council resolution. The estimated cost for landscape and fencing sureties shall be provided by the applicant and reviewed and approved by the director. The amount of surety called for shall be established by city council resolution. D. Where a surety is accepted for nonlife, nonsafety and nonhealth improvements by the city and deposited as provided by this article, the city may release temporary occupancy of a structure or structures. The term of the temporary occupancy shall be determined by the city engineer and/or director. The term shall not exceed one hundred eighty (180) days in length. Sureties shall be in the form of a bond, an irrevocable letter of credit or a cash deposit. In all cases the surety shall be drawn solely in favor of, and payable to, the order of the city of Meridian, in accord with the regulations contained in the surety agreement by and between the guarantor and the city of Meridian. E. Sureties shall be in the form of a bond, an irrevocable letter of credit or a cash deposit. In all cases the surety shall be drawn solely in favor of, and payable to, the order of the city of Meridian, in accord with the regulations contained in the surety agreement by and between the guarantor and the city of Meridian. Where a surety is accepted for nonlife, nonsafety and nonhealth improvements by the city and deposited as provided by this article, the city may release temporary occupancy of a structure or structures. The term of the temporary occupancy shall be determined by the city engineer and/or director. The term shall not exceed one hundred eighty (180) days in length. F. Where a surety is accepted by the city and deposited as provided by this article, the surety shall be released subject to the following regulations: 1. The owner shall submit a written request to the city to lease the surety. The request shall include the following documents: a. A statement from the owner that the required improvements are complete. b. Two (2) sets of prints of the as built plans and specifications for all improvements. 2. The city engineer and/or director shall verify and certify that the required improvements, as detailed in the surety agreement, have been installed and/or accepted by the city at the end of Meridian City Council Meeting Agenda January 23, 2018 – Page 361 of 363 the warranty period. The as built plans shall be reviewed and approved by the city engineer or director. 3. Upon certification of the city engineer and/or the director, the city shall release the sureties heretofore deposited in the manner and to the extent as provided for in the surety agreement in accord with the regulations of this article. G. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Section 19. That all other provisions of Title 11 as they relate to the Unified Development Code remain unchanged. Section 20. That this ordinance shall be effective immediately upon its passage and publication. 2018. PASSED by the City Council of the City of Meridian, Idaho, this Di day of January, APPROVED by the Mayor of the City of Meridian, Idaho, this ?_3 day of January, 2018. APPROVED: PDQ Pt AVG\ ATTEST: Tammy de Weer , Mayor Er IDIAN�- y Co IDAHO x^ SEAL JANUARY 2018 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - H 2017-0044 PAGE 15 OF 15 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 18- � 7 6 An Ordinance of the City of Meridian amending Meridian City Code as Codified at Title 11, Entitled the Unified Development Code Pertaining to: Definitions; Allowed Uses in all Districts; Specific Use Standards (Home Occupation and Retail Store, Wine and Beer Sales and Servings); Surety Agreements and Establish New Definitions and Regulations to Allow the Operation of Food and Beverage Products Processing, Minor, in the Commercial, Industrial and Traditional Neighborhood Zoning Districts; Providing for a Waiver of the Reading Rules; and Providing an Effective Date. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective upon the passage and publication. PSED AUG(,'�9r' C' y of M ri ian �/j ILMAP Mayor and ity Council IDAHO By: C.Jay Coles, City Clerk SEAL First Reading: 1/�,3/,),)j� Adopted after firs)reading by suspension of the Rule as allowed pursuant to Idaho Code 50- 902: YES A NO Second Reading: --- Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 18- 1-76> The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 18- 0 6 )' of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50- 901A (3). DATED this Z3 day of January, 2018. a�Dl /.nj .J, William. L.M. Nary City Attorney JANUARY, 2018 UPDATE - SUMMARY UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - H 2017-0044 City Council Meeting Meeting Date: January 23, 2018 Agenda Item Number: .. . . ...... - ----- - ------- . . . .... . ... ..... . . ........ ..... . . . ............. . ...... . . . ............. . ...... . ..... Project/File Number: Item Title: Future Meeting Topics Meeting Notes City Council Meeting Meeting Date: January 23, 2018 Agenda Item Number: .......... .._..... _................ _.... _........... _....................... ----........................ --- ..... - .......... - - Project/File Number: Item Title: Executive Session In: -7', �-7 f /� Out: 1 o v Meetina Notes