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2022-03-01 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, March 01, 2022 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilman Treg Bernt Councilman Luke Cavener Councilman Joe Borton (4:56 pm) Councilman Brad Hoaglun Mayor Robert E. Simison ABSENT Councilwoman Jessica Perreault ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilman Cavener, Councilman Hoaglun 1. Approve Minutes of the February 15, 2022 City Council Work Session 2. Approve Minutes of the February 15, 2022 City Council Regular Meeting 3. Apex Southeast Subdivision No. 2 Sanitary Sewer Easement 4. Future State Highway 16 Crossing Water Main Easement 5. Final Plat for Meridian Movado Village Subdivision (FP-2022-0002) by Breckon Land Design, Located on the South Side of E. Overland Rd. Between S. Eagle Rd. and S. Cloverdale Rd. 6. Final Order for Prescott Ridge No. 1 (FP-2021-0053) by KM Engineering, LLP, Generally Located 1/3 Mile South of W. Chinden Blvd., on the East Side of N. McDermott Rd. 7. Memorandum of Agreement Between Meridian Library District and City Of Meridian for Design and Installation of Mural ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 8. License Agreement Between the City of Meridian and Concept Investments, LLP for Landscape Improvements and Maintenance Approved Motion to approve made by Councilman Cavener, Seconded by Councilman Bernt. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilman Cavener, Councilman Hoaglun 9. Parks and Recreation Department: Fiscal Year 2022 Budget Amendment in the Amount of $45,000.00 for Meridian Road Island Beautification Approved Motion to approve made by Councilman Cavener, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilman Cavener, Councilman Hoaglun 10. Community Development: Ustick Road Center Median Options Between Ten Mile Road and Linder Road ADJOURNMENT 5:25 pm Item#1. Meridian City Council Work Session March 1, 2022. A Meeting of the Meridian City Council was called to order at 4:30 p.m., Tuesday, March 1, 2022, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Brad Hoaglun and Liz Strader. Members Absent: Jessica Perreault. Also present: Chris Johnson, Bill Nary, Alan Tiefenbach, Tracy Basterrechea, Kris Blume and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton (4:56 p.m.) _X_ Brad Hoaglun _X_Treg Bernt Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is March 1 st, 2022, at 4:32 p.m. We will begin this City Council work session with roll call attendance. ADOPTION OF AGENDA Simison: Next item is adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move adoption of the agenda as published. Cavener: Second the motion. Simison: I have a motion and a second to adopt the agenda as published. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted. MOTION CARRIED: FOUR AYES. TWO ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the February 15, 2022 City Council Work Session Page 4 Meridian City Council Work Session Item#1. March 1,2022 Page 2 of 19 2. Approve Minutes of the February 15, 2022 City Council Regular Meeting 3. Apex Southeast Subdivision No. 2 Sanitary Sewer Easement 4. Future State Highway 16 Crossing Water Main Easement 5. Final Plat for Meridian Movado Village Subdivision (FP-2022-0002) by Breckon Land Design, Located on the South Side of E. Overland Rd. Between S. Eagle Rd. and S. Cloverdale Rd. 6. Final Order for Prescott Ridge No. 1 (FP-2021-0053) by KM Engineering, LLP, Generally Located 1/3 Mile South of W. Chinden Blvd., on the East Side of N. McDermott Rd. 7. Memorandum of Agreement Between Meridian Library District and City Of Meridian for Design and Installation of Mural Simison: Next up is the Consent Agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move approval of the Consent Agenda and for the Mayor to sign and Clerk to attest. Cavener: Second. Simison: I have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: FOUR AYES. TWO ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items moved from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 8. License Agreement Between the City of Meridian and Concept Investments, LLP for Landscape Improvements and Maintenance Page 5 Meridian City Council Work Session Item#1. March 1,2022 Page 3 of 19 Simison: So, we will move on to Item No. 8 under Department/Commission Reports. First item up is a license agreement between the City of Meridian and Concept Investments, LLP, and I will turn this over to Mr. Barton. Barton: Good afternoon, Mayor and Council Members. In October of 2021 we were here in front of you discussing a project -- possible project to beautify one of the remnant parcels on Meridian Road. This idea was brought to us, so we kind of looked into it and talked to the owner and they were receptive of that, so -- and Council gave us direction to -- to trudge forward on this and so that's what we did. Legal Department prepared a license agreement and we presented that to the owner. We finally got it back on January 14th and so we are bringing that to you this evening for approval. Simison: Thank you. Council, questions for staff? Maybe one, Mike, just for the record. What do we intend on doing with the property? Barton: Yeah. So, that -- that leads us into the next item. If you want to take them both at the same time I can just keep right on going. Simison: Yes. 9. Parks and Recreation Department: Fiscal Year 2022 Budget Amendment in the Amount of $45,000.00 for Meridian Road Island Beautification Barton: So, at that time when we talked about this project it was --the cost was discussed and, then, we also discussed on the timing and that we could run it through the budget process and if that was the case, then, we -- we couldn't actually execute the project until the spring of '23, whereas if we brought forward a budget amendment that we could do the project this spring and kind of lock in the cost that we -- the costs that we received at that time. So, Council's direction was to bring back not only the license agreement, but a budget -- budget amendment of 45,000 dollars. So, that's what we are doing and I will answer any questions you have. Simison: And this will just be primarily for grass? Barton: Correct. Yeah. Simison: Council, any additional questions for staff? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Mr. Nary, I assume you want us to approve the agreement and, then, the budget amendment in two separate actions? Page 6 Meridian City Council Work Session Item#1. March 1,2022 Page 4 of 19 Nary: Yes. Cavener: All right. Mr. Mayor? Simison: Councilman Cavener. Cavener: I move we approve the license agreement between the City of Meridian and Concept Investments, LLP, for landscape improvements and maintenance. Bernt: Second the motion. Simison: I have a motion and a second to approve Item 8. Is there any discussion? If not, all in favor to signify by saying aye. Opposed nay? The ayes have it and the agreement is agreed to. MOTION CARRIED: FOUR AYES. TWO ABSENT. Cavener: Mr. Mayor? Simison: Councilmen Cavener. Cavener: I move that we approve a fiscal year '22 budget amendment in the amount of 45,000 dollars for Meridian Road island beautification. Hoaglun: Second the motion. Simison: I have a motion and a second to approve Item 9. Is there any discussion? If not, Clerk will call the roll. Roll call: Borton, absent; Cavener, yea; Bernt, yea; Perreault, absent; Hoaglun, yea; Strader, yea. Simison: All ayes and the item is agreed to. MOTION CARRIED: FOUR AYES. TWO ABSENT. Simison: Thank you, Mike. Barton: We are on it. 10. Community Development: Ustick Road Center Median Options Between Ten Mile Road and Linder Road Simison: Next item up is Item 10, Community Development Ustick Road central median options. I will turn this over to Mr. Hood. Page 7 Meridian City Council Work Session Item#1. March 1,2022 Page 5 of 19 Hood: Thank you, Mr. Mayor, Members of the Council. A little theme here this afternoon. We are going to talk about beautification of another corridor in the center of the road on Ustick. So, there are some options. Let me provide a little bit of background information. Parametrix was contracted with Ada County Highway District this last year and completed a concept study for the first mile of Ustick roadway that's up for widening west of Linder Road, so between Linder and Ten Mile. Part of that concept, the preferred alternative from that concept includes widening Ustick from two lanes to -- one in each direction to two lanes in each direction with the center median. Where there isn't a center median so that left-hand turns can be made, ACHD is designing in some 11 foot wide concrete medians. They will also be putting in some -- a vertical barrier. So, wrought iron fencing or something similar, probably at 36 inches, to provide some vertical obstruction. So, the medians are being included really largely -- solely for transportation related purposes. If they didn't put something in the center median they would likely have to sign the speed limit of the corridor at 45 or 50 miles an hour, because it would just be -- feel like a race track straight and not a lot of access points to conflict with somebody going, again, in excess of 35 or 40 miles an hour. So, they are putting in a center median and they are trying to make it feel like you should drive slower. So, there is a lot of psychology in the -- in the transportation engineering practice. So, part of the discussion was if-- if the city chooses to do nothing we will basically get concrete or asphalt -- likely concrete center median with, again, some vertical barriers, split rail or -- or a wrought iron fence type of a thing to provide that vertical relief and obstruction. What I thought I would take to you -- and this is similar to Miranda Carson last year had a similar request on a quarter -- and I can't remember if it was Lake Hazel or Eagle, but in that area to look at one of those corridors to potentially landscape the center median instead. This is a largely residential part of our community. Personal opinion it would -- it would look a lot nicer, it would -- it would look more premier to landscape this, put a little bit of life in there, it wouldn't be so sterile. There is landscaping on the sides on most all of the subdivisions that are there. Bridgetower is a large subdivision that's on the north side in this mile segment. A Long story short, this -- I'm here asking you if you would like to invest in the corridor, invest in some landscaping and -- and, really, the long term maintenance of that. Let me run you through the corridor a little bit. This is also included in the memo that I prepared, but I think it will probably show up a little bit better on your screens than on eight and half by 11. So, this is starting on the western boundary of the project at Ten Mile Road. So, I'm going to go from west to east kind of in the concept. Can everybody see that? Yeah. It looks like it's on the screen. Make sure the full pages are --just as a quick aside, one of the things we are talking with them as well is the ability to make a U-turn at this location, because you put those center medians in, if you miss your turn there is really not a whole lot of opportunity to -- to go back and those center medians, again, prohibit left turns in certain locations. So, this is the concept level. It isn't the ultimate design. That's -- that's what we are getting ready to do is take that concept design that Parametrix did and TO Engineers is actually working with the -- with the highway district on -- on designing this project for construction. So, likely the ability to make a U-turn at this intersection. So, this segment -- sorry. I got to move pictures around. There is one smaller median in this area. In total there are six different segments of these medians, approximately 1,900 linear feet. So, again, 11 feet wide by 19 feet in length in six different segments. This is one of the smaller segments. I think it will be a little bit more evident in the next slide. Page 8 Meridian City Council Work Session Item#1. March 1,2022 Page 6 of 19 There is a county parcel right here that still has full access, so that's one of the reasons this median can extend further is there is that county parcel where full access needs to be maintained, at least in the interim. You can see their driveway here. So, these -- on the western side ideally you would have a longer run of median here, but to preserve the access points for these two right now, anyways, it's being designed with those three smaller segment medians that could potentially be landscaped. There is a new traffic signal. Again, sort of an aside, not necessarily before you today, but they will be signalizing the Towerbridge Way intersection that goes into Bridgetower. This is the collector roadway that feeds into the Bridgetower project. This median isn't subject to the -- the landscaping I'm talking to you about. There would be -- this would be a refuge area that if someone weren't able to make the full crossing they could pause here and do a two phase crossing as a pedestrian to get all the way across the street. So, most of the pedestrians would likely cross in this location. But, again, a signal as part of the project. And, then, we do get some of the larger runs of the medians. So, again, we have done a pretty good job. I think the Five Mile Creek helps with that. Not too many bridges for access points, but only one access point here. So, there is really not a reason to have this center turn lane, no one is turning left or right here because there is nowhere to turn to. Two longer turns here. Two longer medians here. And, then, where two of -- the recently improved intersection at Linder Road. So, the scope of this project would tie into the work that was done -- again, the existing Linder-Ustick intersection as it's -- in its ultimate configuration. So, that -- let's -- let's end here. Those longer medians I think were in the neighborhood of six to seven hundred feet. So pretty substantial. And, again, the three on the -- on the west were substantially smaller. So, depending on -- on the level of design and the materials installed -- I did some --some rough estimates with Mike, but just kind of made some assumptions that if we -- if we were to put in some landscaping, with some trees, some shrubs, some rock mulch with an irrigation system, would cost around 75 dollars per linear foot or approximately 150,000 dollars for this mile segment. That's just to design and install -- improve this with something other than that hardscaping I was talking about. Further annual maintenance costs are estimated about 5,000 dollars. I would pause and just say that 150 number is a pretty rough estimate. You know, today's dollars, with today's -- you know. And this project wouldn't -- this -- this isn't scheduled to be constructed until 2025. So, they are designing it this year, would do right of way next year, and, then, constructed in 2025. So, who knows how much a tree is going to cost in a couple three years or the shrubs or the irrigation or the labor to install those things. But, again, in today's dollars that's a pretty-- pretty good estimate anyways. And same with maintenance. Who knows what our maintenance contract looks like. We can control some of that, but we would hope to design -- design something that is fairly low maintenance and that's actually part of-- I'm jumping ahead a little bit. I did talk about this with our transportation commission. Punch line. They are generally supportive of this, but they do want to do something that is virtually no maintenance or very low maintenance in -- in a design. That is ultimately their recommendation to you. But we would have to go out to bid. I will also note here -- typically ACHD does require a partner agency. So, the city, an urban renewal agency, and other government-related partner to pay for the design and the installation costs. In this scenario I'm pretty confident -- I don't want to jinx us, but I'm pretty confident I can convince them, because they are putting these medians in for a transportation need, they have to have these in there to, again, Page 9 Meridian City Council Work Session Item#1. March 1,2022 Page 7 of 19 sign the corridor to an ideal speed limit for them in a residential district on an arterial. Basically it's a wash for them. They are going to have to -- if they hardscape this in concrete they are going to be spending roughly 150,000 dollars anyways. So, instead of spending that money on concrete, put it towards the installation -- the design and installation of the irrigation and a couple trees and shrubs, if the city is willing to maintain it. I know they don't want to maintain it. So, it's not a full package deal. They aren't -- if -- if we can convince them to put in this material we still have to at least commit to the maintenance, if not the design, installation, and the maintenance. So, there is kind of a --the question to you, ultimately, is are we interested in partnering with the highway district and does that change anything? Are we only willing to partner with ACHD if they are willing to -- to put in landscape materials or if worst case, are we willing to design, install, and maintain the landscape materials here. So, that's one of the questions and I guess one -- the main question. Just a little bit more context. So, from staff's perspective -- and -- and this is part of our presentation to the transportation commission as well. I see a real opportunity here, kind of a bigger picture zooming back out, if you look at State Highway 16 coming in. There is going to be an interchange there and anyone getting off at Ustick that wants to come into Meridian, I think there is an opportunity. I'm not asking you to commit future councils to doing something similar in the next two miles to the county line, but there is an opportunity I think in this corridor to have a boulevard feel, welcome to Meridian, and -- and set this corridor out as something special in our community. You know, Ustick back to the east -- the next mile to the east was recently widened and we didn't put medians in there. I think there is even -- even further we could potentially even retrofit that corridor and do something similar, but which brings you to Meridian Road and could have a four mile of a major arterial -- Ustick Road is a major thoroughfare that kind of sets us apart. Again, I will use the premiere word again potentially. Again, I'm not having you commit to that, but I -- there is some vision involved in this conversation. This isn't just a one-off mile segment where we put some medians in, there would be some level of understanding that we would at least have a conversation about the next mile to the -- to the west and, then, the third mile to the west, which gets us to the county line. So, we aren't committing to that, but that's at least some of the thought process. If you say no this one I don't -- I -- I don't see us doing it for the other two miles probably. We can ask you again if you would like next year when that mile is designed, but that's kind of the thought process. So, one more -- one more thing and, then, I will look for questions or feedback. That next mile -- so, west of Ten Mile to Black Cat is also going into design and should be complete in '23 as well, with construction shortly after and, then, the third mile, Black Cat to McDermott or State Highway 16 is planned for design by ACHD in 2026. So, these three miles are going to be designed back to back to back. The construction of that last mile is unfunded right now, so I don't know when they will actually construct that, but they are going to design all three of these in the next three years. So, I think with that I already mentioned that the transportation commission supports landscaping the center medians with a preference towards lower maintenance materials and with that I will stand for any questions, feedback, direction you want to give. Simison: Thank you, Caleb. Council, questions, comments, feedback? Page 10 Meridian City Council Work Session Item#1. March 1,2022 Page 8 of 19 Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Caleb -- and I know some of these questions might be more appropriate for ACHD and I just want to start up high and, then, we will go granular -- is -- when I first opened the packet and read this I was just shocked to see medians in this area. So, you answered one of the questions. That is they are going to do it from the western end. I -- I have never seen this part of the road. I live on this road --just off this road -- as being the gateway to Meridian. I mean that's just not -- not a deal and -- and -- and people are coming down Ten Mile and they are coming down Linder, access points and whatnot, river crossings, the whole bit for -- for those roads and, then, McMillan, of course, to the north and, then, Chinden. The -- one of the things that I'm -- I'm concerned about, especially here with the picture that you have got up, you have got Five Mile Creek on the right-hand side -- on the north side there and, then, you have got Tumble Creek down here farther. For -- for maintenance staff to get out there, if we do any weeding and whatever, irrigation repair, that's -- that's a tough stretch, because there are no sections -- I mean it's -- you got the creek on one side and you do have the sidewalk on the other, but that's a long, tough stretch. It's kind of like parts of Ten Mile up there at the interchange where you are -- you are kind of out there on your own and it's --the safety is -- you know, they -- they do it right, but at the same time there is always that -- that concern someone is not paying attention. So, that -- that makes me a little concerned about that and -- and that kind of makes me lean towards more of a hardscape than -- I mean -- I mean we want it pretty, but at the same time it's just -- it's added cost on our end of things. Caleb, one thing I wanted to find out, there is going to be a ten foot path on the south side of Ustick Road here? Hood: So, Mr. Mayor, Council President, actually, ten foot path on both sides. So, some of it exists, so in what I have still got on the map, right, the -- the existing pathway is a little bit off because of the creek and -- and some of those slopes, they are going to continue to use the pathway here. But let me go to the next segment. But I -- the typical section includes a ten footpath on both sides. So, that's the multi-use pathway that ACHD is moving towards on pretty much all their capital projects these days. Hoaglun: Wow. Because there is an existing sidewalk -- Mr. Mayor and Caleb. You know, where it's red, that's the existing sidewalk that -- that exists. I -- I really wonder, because that creek -- and I know they are going to put in a barrier and coming across, they are going to have to take a lot of that -- that median -- the median area or the, you know, extra area, which was left when, fortunately, in these areas Meridian planned well and said, okay, here is going to be the setback for future expansion. But it's still going to be a lot. I'm -- I'm thinking that ten foot is going to be right up to their fence. It's going to be very very close. Again, that's more of an ACHD thing than -- than our thing. Hood: Mr. Mayor, Council President, if you want to just spend a second there, I can walk you through that a little bit more. So, here is a typical for this section. So, yeah, the Turtle Creek and -- and this Glenfield Way area, we have done a better job and you can see Page 11 Meridian City Council Work Session Item#1. March 1,2022 Page 9 of 19 what's going to be left after the project, about 19 and -- a little over 19 feet to the fence line there. So, actually, in this segment -- pretty good still. There is over 25 feet there now, so we do lose some of that, but that -- that existing sidewalk is being removed. Ten foot pathway, with a six foot buffer, and, then, the travel lane. So, in this -- in this segment you are good. If we go a little bit further to the west, though, it does get pretty tight here. So, this is the subdivision -- if you look at the typical there, we are 3.8 feet away from that fence line. The existing sidewalk is going to be removed in favor of that ten foot wide pathway, but this is the most constrained. So, for these eight, nine homes that are there, that pathway does come pretty darn close to their -- their backyard or their fence line. I just wanted to -- it does vary a little bit on the corridor, I guess. But we -- we looked at that and -- and in the ten foot wide pathway. Hoaglun: Let's go back to that other slide as we -- as we go to the west. I notice they are putting in a new crossing at Five Mile Creek up here. What I find interesting -- there was a triangle spot there. I -- I was surprised at that, because now if we go to the next slide -- again go west, the entrance to Tower Bridge Way accesses the --the Five Mile pathway and -- and, then, just right there where your pointer is -- right there is a bridge I helped build back in -- it had been a wood structure. We put in the concrete. That was strong enough to let milk trucks -- full milk trucks go across, because up there to the north was my father-in-law's dairy. So, I -- I'm thinking I -- I know we -- that's private property to some degree. A lot of it's irrigation right of way. And -- and so people are going to take this sidewalk to nowhere heading east on that north side and, then, if you go back and, then, access that -- that new bridge and -- and I just -- and see the sidewalk does not continue, I was just surprised they didn't -- even if they don't use that actual -- the bridge we built, but not go down Tower Bridge, just to that point, if we go back up --just make -- up to the next slide again. So, where it says North Tower Bridge Way, right there you can see it where it -- where it goes out of the picture, you see the pathway. Yeah. Right -- right there. And that's a crosswalk and the whole bit. I'm just surprised they don't have people go -- follow that to access the pathway, instead of building a new bridge. I mean money is money. Hood: Well, Mr. Mayor, Councilman -- Council President Hoaglun, a little bit on that. So, again, this -- what you are looking at here is the preferred concept. They haven't gotten to that level of design and this is preferred concepts. So, some of those conversations need to still happen with the irrigation district. A little more study of the existing bridge. So, it's not a done deal that a new bridge will replace that bridge. I think some of why it's in the preferred option for that, though, is what we kind of alluded to before and that the pathway serves as the de facto sidewalk in getting people back in corridor almost as soon as possible, rather than having them go away from where they want -- you know, the sidewalk paralleling the road, instead of having to feed everybody -- either into Bridgetower or away from. I think that was some of the thought process why I talked to the irrigation district, at least see what a new bridge -- it's going to be costly for them, to your point. So, I'm not holding my breath that this is a new bridge. I guess that's my disclaimer that this is a preferred alternative. That existing bridge may -- may function fine and may stay. This was something to trigger that discussion and see if it does make sense to build a new bridge. Page 12 Meridian City Council Work Session Item#1. March 1,2022 Page 10 of 19 Hoaglun: Thanks for that -- that background on that, Caleb. Appreciate that. And let's just jump one more to the -- to the -- to the west, Quarrystone Way, we have that. Just for people's information, Quarrystone Stone Way and, then, the county sub -- it's now in the city -- that's to the -- to the west here. Shafers live in that property that's open. They have stub streets just off the screen on both sides that will access that property when that developed someday, so -- and -- and same with the property on the south side, they have got a stub street I think coming from -- yeah, back there and -- and access point for -- for that, so -- that will work. Hood: And again -- sorry to interrupt again, Council President, but that is -- again, to today's situation I envision this median being larger, because access to those parcels you just called out will be internal and, hopefully, we can limit -- you know. But for today we need to provide them with an access to Ustick, because that's historically what they have enjoyed. Hoaglun: And -- and to that point, Caleb and Mr. Mayor, the -- making those longer -- again, we are in a heavily traveled corridor and having staff find a way to -- where to park, to get out there to access that, that's just a -- that's just the way it's going to be, you know, all the way-- if they do this all the way down -- down Ustick. So, that makes it a little more -- more difficult, but -- Hood: So, Mr. Mayor, Council President, a little bit -- a little bit more on that -- and Mike and I were on the --the team, actually, at the Meridian Road interchange and we designed in some of those pull out areas for maintenance vehicles as well. So, there are some spots that are strategically designed into something. So, there may be some hardscape areas still within these medians that you can pull a truck and trailer up and -- potentially and they can, you know, pull their toters up there with them as they trim stuff off. But, again, we are really trying to have these be lower maintenance. So maybe a few times a year. I don't -- don't quote me on that. But -- but, again, not -- certainly not there every week mowing lawn. Something that's a lower maintenance where spring and fall we will go and trim things up type of a thing and maybe the garbage every once in awhile. But we haven't gotten to that level. But I will just say -- I mean you mentioned at Ten Mile. That--we do thoughtfully need to think about that and I'm glad you brought it up, because there is a safety concern and we need to have pullouts for their trucks, because there is not a shoulder here for them to pull in and we don't want them up on the multi-use pathway type of thing. So, if we move forward that will be a consideration we will ask them to design in. Hoaglun: I appreciate that, Mr. Mayor and Caleb. Simison: Councilman Hoaglun. Hoaglun: That's a good point that we -- we would have to keep the safety -- it's one of those things -- love to see them landscaped and look beautiful, because that's my street, local street if you will. My local arterial. But at the same time if safety is a concern, then, let's not -- let's not do that. But if we can design it in a way that keeps our workers safe, Page 13 Meridian City Council Work Session Item#1. March 1,2022 Page 11 of 19 then --then by all means, then, we should --we should do that. I don't think I had anything further -- to the west, if you want to go to that. Yeah. That was a county subdivision that came in. So, if you see houses that are all vinyl, that's -- that's why. It wasn't our choice at the time, so -- and, then, they -- when the other subdivision came in they -- they just matched. That is a difficult intersection to get in and out of the way it is that close to -- close to Ten Mile. So, it is what it is, but -- and that one does have -- have a -- a little bit of -- no, it doesn't. Not yet. No median yet. So, yeah, it just was a surprise to see that out there --what used to be a country road and if I regale you with a story, that was where, when you took driver's training in school they would take you out, once you learn the basics of operating a car and would take you down Ustick Road right there, two -- two lanes, country road, no guardrails and Five Mile Creek right there. That was the white knuckle moment they took beginning drivers to make sure can they handle it. Are they going to panic and drive this car into the ditch? So -- so, a lot of kids talked about how scary that was to them, because it was right there and no guardrail, so -- Simison: Councilman Hoaglun, I think when this City Council gig is over we have got something for you on historic preservation. Strader: Mr. Mayor? Simison: Real quick. For the -- for the record, Councilman Borton joined us at 4:56 p.m. Council Woman Strader. Strader: Thank you. Thanks, Caleb. I guess the question I had in terms of--totally agree on trying to get the long-term maintenance cost of this down if we were to move forward. I -- just some feedback. If our transportation professionals are recommending this as something that's needed to get the speed to a reasonable level, I understand that. I would be curious -- what's the difference in long term maintenance cost between like, you know, a boulevard with trees versus something that has more -- just like xeriscaping. I'm thinking about like -- there is kind of a very strange looking roundabout near Hill Road as you go to Bogus, but it has some really beautiful xeriscaping and I think, you know, we live in a desert, hopefully, it wouldn't take much water, if any water. Maybe native plants and if it's something that low maintenance could we really cut down on the maintenance cost if we went with something more like that, as opposed to trees that had to be trimmed? Just curious kind of what the options would be down the road. Hood: Yeah. I'm going to have -- Mike is here for some of that and I wouldn't do justice to any answer there. Barton: Mr. Mayor and Council Woman Strader. It's a -- it's a good question. I mean I -- I would say in this corridor that turf grass is definitely not an option, just because of the frequency and the -- by the time you have to unload equipment and -- it's just not very practical. But, you know, the xeriscaping refers to maybe a low water consumptive plant material that is -- you know, as far as maintenance it's probably not any less than typical shrubs. I don't see shrubs out there -- like you wouldn't be there with shearing hedges and that kind of stuff, but trees and plants that are well suited for that --for our environment Page 14 Meridian City Council Work Session Item#1. March 1,2022 Page 12 of 19 and our climate would be more appropriate. I think that, you know, you do what you can with -- to reduce the -- at least the frequency of maintenance and -- and maybe it's a two times a month type visit and, then, in the spring and fall you -- you do a clean up or a cut down or something like that. One of the -- one of the -- probably the biggest maintenance considerations for this would be the --the amount of repair that it needs, because it seems like on Ten Mile -- Ten Mile Road just before the interchange -- and you don't even know why or when or how it happened, but there is always tire tracks in there and it's like somebody -- somebody doesn't see stopped traffic and they bail out and they -- they go in the landscaping. So, there is some of that. But long term and -- and to the safety point, I think that the crews would pull up -- well, first of all, we contract these out. This would be one of those sites. It wouldn't be city crews maintaining this. But they would likely pull up in the center turn lane right before the median and just park and get out and walk it and get back in the truck. I mean if there was a major cut down or clean up, like a spring and fall kind of thing, they would probably do that either on a Saturday or -- well not even early in the morning. It would probably be a Saturday. Just --just to get in there and get it done and get out of the way. Strader: Thanks, Mike. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Mike, since you are up here, I guess kind of a question about trees. If I -- my memory is correct, after a certain period of time don't we take out mature trees and, then, kind of replace them with less mature trees? I feel like that we did that in downtown a few years ago and -- so I guess if we -- if we plant something it's -- it's there, really, in theory temporarily. Barton: Mr. Mayor, Councilman Cavener, in -- in a -- in an 11 foot wide planter strip where there is enough soil volume to accommodate the root system these would be in their long term and the only reason we did that downtown is because we were stuffing trees in a six foot by six foot box. So, these would --these trees, you know, theoretically, they are going to be allowed to be there and mature and -- and you can keep limbed up so they don't get -- you know, block sight lines and that kind of stuff. So, it's totally appropriate. Simison: So, it's -- okay. I have a question. From a practical standpoint, the stuff that's further on the west where you really don't have any connectivity to items, is the thought that you would do the half now of this road that has -- you could actually do something with and the other half later when those county parcels redevelop and you can do a complete median through those areas? Because it seems -- it seems to be very awkward and weird to do something in that existing space personally, but -- yeah. Hood: So, just to confirm, you are talking about these couple of parcels here or further west of Ten Mile? Page 15 Meridian City Council Work Session Item#1. March 1,2022 Page 13 of 19 Simison: Just the ones that -- the ones that are showcase where we were -- you have a little period, then, you have an open space for an access, then, you have another one, then, you had an open space. I'm just wondering if it makes sense to do that later when that area redevelops. Hood: So, yeah, we --we should ask Mr. Hoaglun what--when he thinks those properties are going to develop. Knock on your neighbors' door and see -- because I would -- I -- I'm going to just guess that those -- I mean those parcels are ripe for additional development there and I -- honestly, in the next couple of years, by the time they get to construction, they may have preliminary plats on them to -- to redevelop and that's really how we are kind of approaching this with ACHD, is this is short term, so if we wanted to enter into something now and say, you know what, let's not make the investment in these little things, because it's going to be, you know, a bigger thing in the future and do a separate agreement with ACHD potentially then, instead of something here that needs to be retrofitted in the future, that could be -- be part of the conversation. Because I -- I don't disagree with you, it looks -- it looks a little odd here. I'm also hopeful to some degree that through -- again, this is a concept plan that -- through right of way negotiations we can even potentially work with those property owners to leave their existing access as right-in, right-out, construct a median, but also have them use the -- either a U-turn or use the stub streets to their property if they really want to turn left and get out to a signal. I can't guarantee that. We haven't had those conversations with those property owners. I hear what you are saying and I agree with you. I don't -- I'm not necessarily a fan of how this is shown on the screen. I do think it would take some -- you know, ideally would be retrofitted, if not built with the center median initially. Simison: Okay. Thank you. Hoaglun: Mr. Mayor, one last question. Simison: Councilman Hoaglun. Hoaglun: Caleb, there to -- on Tower Bridge to the east they show -- they are showing green -- on the north side they are showing green right there. Yep. That's all rock right now. Just -- they put in gravel. That's -- is that -- I think that's part of the subdivision, would it not be? So, does that fall to the HOA to maintain that? Hood: Yeah. Typically, Mr. Mayor, Council President Hoaglun, yeah, we are in -- so, the ACHD policy and -- and how we work with ACHD is when a subdivision has improved out to the existing right of way, a landscape buffer, ACHD will -- will do what they call patch back, essentially, what was there before. So, that will still be HOA property and -- and maintained by the homeowners. But, again, there is some negotiation with that and even the design of that will be coordinated to some degree with the HOA to patch back. I don't want to go too far down this road, but Ustick, over by Locust Grove -- between Locust Grove and Meridian, if you -- if you look at that sometime, there is a mix mash of different things in that planter area between the sidewalk and the curb, because different subdivisions wanted different things in those areas. So, take the green with a little bit of Page 16 Meridian City Council Work Session Item#1. March 1,2022 Page 14 of 19 salt there. Most subdivisions, though, they want to maintain that look and not have just a two inch rock out there. They -- there is some degree of pride, if you will, and they -- they recognize they got to water it and maintain it, but most people tend to say that's more attractive. But, again, I don't know if this will actually be landscaped materials, but it is owned and maintained by the HOA. Hoaglun: Okay. Thank you. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I guess just for some feedback, I'm more interested under the scenario where ACHD is helping to pay for the cost of it. You know, it feels like the motivation behind it is a transportation and safety related motivation and I love beautification strategically in certain areas of Meridian. I think it helps us a lot with our property value and our, you know, premier community. But I do -- I do think it's worth pursuing that agreement with ACHD and trying to convince them. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Mr. Mayor, a question for you or for -- for Caleb. What does our community think about these? I mean is this something that they say is important? Is it something they say is nice to have? Is it -- is it a priority of theirs? Do they -- I mean I think some people don't notice them. I think some people sometimes struggle with like, oh, this is getting in the way of my ability to go 50 miles an hour down the road. I'm just trying to get a flavor for what our citizens think about this type of stuff, if you have got feedback or -- Simison- I don't think we have ever had any comment, except for on the ones in downtown. I will refrain comment from what those comments are about the ones in downtown, but I think it -- it varies greatly by who you speak to and there is not a consensus about their aesthetic value. I think they definitely do what they accomplish -- set out to do and slow people down and everyone recognizes that element. But, otherwise, I have not had a request for people to --you know, most people complain about the weeds that are growing in places that are not upkept, more so than having or not having landscape areas, boulevards, medians. Personally, I hadn't really thought about this until you mentioned it. It seems to me a hardscaped fence that was done appropriately would be as nice of an amenity as grass or something else with less maintenance and, quite frankly, based on the costs that are mentioned, I would think less cost. I don't know that though. If-- but if-- especially if ACHD is already looking at putting some sort of decorative fence structure here, that almost seems like as good of an option as anything else in a lot of ways form a cost and maintenance and everything else. Councilman Cavener. Page 17 Meridian City Council Work Session Item#1. March 1,2022 Page 15 of 19 Cavener: Mr. Mayor, I -- I -- I tend to agree. Well, I think it sounds like the ongoing maintenance is fairly low considering, I do kind of come from a place where simple the better. I think trees -- understanding they could be there long term would make sense, too, but a fence or a decorative art piece, something that doesn't require a lot of ongoing maintenance or support was something I would be more supportive of. Hood: Mr. Mayor, if I can maybe just add a little bit more to -- to your answers to Councilman Cavener, although it doesn't -- this isn't citywide, I do want to put this back into perspective, this project a little bit. So, ACHD -- again, with a concept plan there are two alternatives, again, for the first time for you. Because of the Five Mile Creek there is really a split option and I -- I hovered there, but I didn't really call it out -- what they are doing with retaining wall. It's a pretty intense retaining wall. They were initially looking at saving some dollars and putting that retaining wall back kind of over here where this travel lane was and really scrunching that -- this landscape buffer over here and to their credit they got some feedback from some of the neighbors. But some of the public involvement process for the concept plan has been done in the heat of COVID and so they didn't have any in person. They sent e-mails and had some virtual open houses. Some of the feedback that -- that Councilman Cavener was just asking about will come as they get further into design here and reach out to -- particularly BridgeTower and some of the adjacent -- so, I'm not talking citywide what do we think about this, but these neighbors that are most directly impacted, there will be some feedback. So, we are at a stage right now where ACHD is asking the city -- is there any level of interest from the city in potentially greening these up with the caveat that, yeah, they still have to design it and go out to the public and get some of that feedback as well. Now, they aren't going to do it under the guise of the city, but they will still -- if-- if-- if the initial design from ACHD shows them being landscaped and people are like why are we wasting money on trees, ACHD may go, hey, we are getting a bunch of feedback on what a waste it is to put trees out there -- so, that is part of the next steps in the process. But they need to know earlier if -- if there is any level of interest or if the concept should show concrete with wrought iron fence. They probably won't do artwork. Just telling you. They -- that's another like upgrade; right? The baseline, what we would get is probably some orangish, red, pink stamped concrete out there with a wrought iron fence. That's what we will -- we will get and if that's what everyone is fine with, then, that's fine. But there is an opportunity to -- again, I -- beauty is in the eye of the beholder -- but to dress it up a little bit. Simison: And I think that -- I'm not going to downplay the fact we have our two chiefs here this evening. Honestly, I thought we would hear more from public safety about -- especially if we start putting things in the middle that prevent or slow down or hamper the ability of public safety moving around traffic through areas. Definitely has been the case on Eagle Road. We have heard that before. They didn't want any landscaping on Eagle Road, so they could traverse when necessary. I would assume that anyplace we talk about these that becomes a potential issue and that might be -- I don't know, Mr. Hood, if you have had any conversation with public safety on this if they have -- yeah, I know you have somebody at the transportation commission, but I -- I want to -- maybe I want to start back with them and say what should be our standard and our expectations? Page 18 Meridian City Council Work Session Item#1. March 1,2022 Page 16 of 19 Hood: So -- so, Mr. Mayor, I appreciate that. I am trying to recall if -- if Chief Bongiorno has been part of this conversation. It -- it seems like he's aware of it. I have talked to him. But I haven't -- mountable curbs and I -- I can bring that up certainly with -- with fire and, then, bring that back to ACHD. I don't know how much stock they are going to put in that, because they have to have something vertical in these. Again, not to be a broken record, but to sign this at a residential arterial speed the -- the -- the medians in Eagle Road -- that's signed at 55 miles an hour as you know. So, if they were to put up vertical things here, then, they could sign that at 35 or 40 miles an hour. But I can bring that up and we -- we can coordinate some more on that. At least express the concern to ACHD and say, hey, these should be hard scaped and mountable and fire trucks should be able to drive all the way down them, if that's, in fact, what fire, you know, has concerns with. But right now, whether it's trees or -- or a fence, that is something that gets in your line of sight vertical obstruction for motorists. Simison: Yeah. And, again, I don't know what the answer is. Hood: A good point. I will coordinate with --with Chief Bongiorno a little bit more and see what concerns he may have. Simison: Okay. Nary: Mr. Mayor? Simison: Mr. Nary. Nary: Mr. Mayor, one more consideration. So, I would assume if we would like to have this landscaping in there, Caleb, and maybe you don't know this yet, if the landscaping were damaged by vehicles, is it the city's responsibility to replace it or would it be ACHD's responsibility to replace it? Because my guess is if it's a fence they will -- ACHD will replace it. If it's a tree are they going to do the same thing. Hood: So, I -- I am going to, with some assurance, agree with you on the first one, that if -- we are out -- we don't have any obligations or responsibilities if -- they are going to design in whatever they need to design in to sign it, whatever they need to sign it. Once we say can you include this in your project, that's when -- now in new rules that agreement gets to be written and your example of someone, you know, pushing over a tree I would guess would be on us, but I have not done -- we have done some similar things. Usually the landscaping is -- we design it, we install it, we maintain it, including -- and maybe we go, you know, through our insurance -- ICRMP or something, go after that motorist, but I think we are ultimately responsible for that. Nary: Yeah. That -- but my only comment, Mr. Mayor -- and just for consideration, I -- those things generally are not real expensive. It is not likely most of the time that they are hit and runs. We usually know who did it. We are usually able to collect on it and we are usually able to collect it back. Or ICRMP is able to collect it back. So, from a cost standpoint it's not -- not a real concern, because, again, trees and rocks and bushes don't Page 19 Meridian City Council Work Session Item#1. March 1,2022 Page 17 of 19 cost a whole lot of money compared to poles, giant flower pots, fences and those kinds of things. So, I'm not concerned from that standpoint of replacement. If needed, if these were to get hit -- again, they don't get hit a ton. I mean there is some. But there isn't a lot of that it, especially on a five lane road. But it just is another factor to consider or it's going to be potentially some future cost possibly. Simison: Yeah. It's only anecdotal, but I know our roundabouts down where I live have been hit. The -- you know, there is damage to the landscaping. I'm trying to remember what we have seen on social media about people's viewpoints on landscaping or not about the Pine 43 roundabout, because there is a community expectation out there and I -- I just can't remember from that standpoint. Yeah. The one question I was going to ask -- are streetlights considered a vertical element if they were to go into the median to provide lighting down this corridor and -- or not necessarily? Hood: So, Mr. Mayor, roadway lighting -- so, typically, ACHD's typical policy is to light the intersections and these medians are not at intersections. So, potentially -- and we don't have anybody from Public Works here, but potentially we are going to partner with ACHD to -- to provide roadway lighting, so maybe there is a dual headlight that could go in the middle of these that provides that roadway lighting, but I am not the roadway lighting expert on that. So, potentially, but it wouldn't be ACHD paying for that, because they basically say we -- we light intersections and --just trying to give the vertical element that we can all be supportive of and, you know, there -- there didn't used to do medians either, but now look at them. And ten foot pathways. Maybe they will change their tune on lights. Nary: Mr. Mayor? Strader: Mr. Mayor? Nary: The only thing I would add on -- on those, we -- when you add lighting, similar to the downtown islands, you are going to probably need more barriers to prevent them from getting hit, because those are a lot more expensive to replace. So those are the -- it does add some cost to it if you add that. I agree it certainly provides a greater visual of there, but it certainly is an additional cost and expense if they get hit versus trees and bushes. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just maybe one thought. Just sort of bigger picture. It might -- it might be nice at some point to get an agreement or just like an understanding of a cohesive citywide kind of approach to cases when we do landscape, just so they are consistent. I don't know if we are doing that, but I think to the extent that we are doing it, if it makes the city feel more cohesive and kind of a commonality to them, so that every single one is in a totally different concept, I think that might be beneficial. Page 20 Meridian City Council Work Session Item#1. March 1,2022 Page 18 of 19 Simison: I think we have that for the size of the roads. This is the first time we are really being presented with this issue and -- and that's kind of what Caleb -- the previous conversations were. If we -- if -- where do we want to do this, if at all, and this is now becoming the -- if we start doing this what's it going to look like? So, it is the precursor to that conversation to a certain extent. Strader: Got it. Simison: And, honestly, Council, I'm -- I'm torn on whether or not there is value in doing these. I -- I -- I think that, you know, our parkways that have separated areas with grass, with fences, are -- are really nice. I -- you know, streets that you are driving on in subdivisions -- you know, I drive in a subdivision that's got trees in the median that's perfect and great and love it, just don't know if citywide what makes the most appropriate sense to even implement in certain areas or not, so -- Hood: And, Mr. Mayor, just maybe to follow that -- that thought and -- and Councilman Strader's question a little better. Or -- or request. You know, we won't read into this as being precedent setting for any other road or projects that may -- may contain center medians. We are going to come back to you on a quarter by quarter basis -- hopefully not just mile by mile, necessarily, but say, hey, there is a potential here anyways to do some of this. Maybe to lead you to some direction for staff and if I'm not reading the tea leaves correctly certainly you can let me know. But I can just approach -- again, we are fairly early in the process. I mean it's moved along into the -- through this stage, but can't approach ACHD saying there is some level of interest in some beautification here with an emphasis on low maintenance, maybe figuring out what some of those details may look like, who -- who is responsible in instances of a -- a crash into something. Say, well -- but we are not really interested. You know, quick aside -- and, you know, taxpayer dollars are taxpayer dollars. City orACHD, it's, essentially, coming from the same source. But there could be some efficiencies, though, if they -- they trade out the concrete for some landscape material -- and maybe there is still some hardscape. Maybe it's a combination of hardscape and some way to dress this up and say, but the city isn't interested in designing and installing all this, but maybe if ACHD is we would consider maintenance of that and, then, report back. We are not committing to anything. But start the negotiations there and, then, I can report back and say, hey, no,ACHD says you need to design these to be all green and shrubs and 40 trees. We can say, well, just hardscape works then. I don't know that -- that's -- Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Just want to make sure, because I -- I have been told I talk a lot and never say anything. That low maintenance or even a fence type of thing can -- is -- is something I -- I can -- I can go for as well. It doesn't have to be elaborate, no trees, nothing major. It's something that we just have to figure out and -- and -- and make work, but just want to make sure you understood that. Page 21 Meridian City Council Work Session Item#1. March 1,2022 Page 19 of 19 Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: My only strong preference is I hate nonfunctional turf. I just think it's a waste. We are a city of trees. I think if -- if they are really well suited to this and it would work, I'm -- I'm into those. I'm -- if a fence works that might be fine, too. I don't have a super strong preference. I'm -- I'm okay with you investigating it and kind of coming back. Hoaglun: Well, Mr. Mayor, you know -- Simison: Councilman Hoaglun. Hoaglun: -- running for reelection in 2023, can we run on build the wall? Simison: Caleb, do you -- do you have enough to move back to further conversations? Hood: No decision. I will investigate further and throw basically -- there is some level of interest. I recognize not everybody is -- yep, we got to do something out there. Maybe their baseline is what we end up with. But let me see. What -- what level of partnership ACHD is what -- and, I'm sorry, just one more. Yes, I think I have got direction. We will also see what -- if I can encourage them to really explore this further with, again, the neighborhoods that are adjacent as they go further into the design and really get to see what the stakeholders would prefer out here. Simison: Okay. Thank you. With that, Council, we have reached the end of our items. Do I have a motion to adjourn? Hoaglun: Mr. Mayor, I move we adjourn. Simison: I have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 5.25 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON Approved 3-15-2022 ATTEST: CHRIS JOHNSON - CITY CLERK Page 22 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the February 15, 2022 City Council Work Session Page 3 Meridian City Council Work Session February 15,2022 Page 19 of 19 (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 3 / 1 2022 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 22 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the February 15, 2022 City Council Regular Meeting Page 23 Meridian City Council Item#2. February 15,2022 Page 28 of 28 Simison: I have a motion to adjourn. All in favor signify by saying aye. Opposed nay? You ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 7:23 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 3 / 1 / 2022 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 51 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Apex Southeast Subdivision No. 2 Sanitary Sewer Easement Page 52 ADA COUNTY RECORDER Phil McGrane 2022-021566 BOISE IDAHO Pgs=6 ANGIE STEELE 03/02/2022 09:21 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0127 Apex Southeast Subdivision No. 2 Sanitary Sewer Easement SANITARY SEWER EASEMENT THIS Easement Agreement, made this 1st day of March , 20 22 between Smith Brighton Inc. ("Grantor"),and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WHEREAS,the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described;and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures,trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Sanitary Sewer Easement REV.01/01/2020 Item#3. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, ,assigns, heirs, personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: ITH BRIGHTON INC. Robert E.Phillips,Vice President STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 2//r7/2022 (date) by Robert L.Phillips (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Smith Brighton Inc. (name of entity on behalf of whom record was executed), in the following representative capacity: Vice-President (type of authority such as officer or trustee) (stamp) Notary Signature My Commission Expires: L- l-� SHARIVAUGHAN Notary Public-State of Idaho Commission Number 20181002 My Commission Expires Jun 1,2024 Sanitary Sewer Easement REV.01/01/2020 Page 54 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 3-1-2022 Attest by Chris Johnson, City Clerk 3-1-2022 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 3-1-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. (stamp) Notary Signature My Commission Expires: 3-28-2022 Sanitary Sewer Easement REV. 01/01/2020 Item#3. km E N G I N E E R I N G February 16, 2022 APEX Southeast Subdivision No. 2 Project No. 21-021 Legal Description City of Meridian Sewer Easement Exhibit A A parcel of land for a sewer easement situated in a portion of Government Lot 4 and the Southwest 1/4 of the Northwest 1/4 of Section 5,Township 2 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho being more particularly described as follows: Commencing at an aluminum cap marking the Northwest corner of said Section 5, which bears N00°04'35"W a distance of 2,671.16 feet from an aluminum cap marking the West 1/4 corner of said Section 5,thence following the westerly line of said Section 5, S00'04'35"E a distance of 1,259.39 feet; Thence leaving said westerly line, N89'53'42"E a distance of 202.90 feet to the POINT OF BEGINNING. Thence N89°53'42"E a distance of 25.00 feet; Thence S00'04'35"E a distance of 128.34 feet; Thence 31.86 feet along the arc of a circular curve to the left, said curve having a radius of 80.00 feet, a delta angle of 22°49'15", a chord bearing of S52'05'23"W and a chord distance of 31.65 feet; Thence N00°04'35"W a distance of 147.74 feet to the POINT OF BEGINNING. Said easement description contains 3,418 Sq. Ft., more or less, and is subject to any existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is hereby made a part hereof. 4 a �„ 12459 0 OF L. Bp.L 5725 North Discovery Way • Boise, Idaho 83713 a 208.639.6939 • kmengllp.com Page 56 S\1KING\KM ENGINEERING\KM GENERAL-REMOTE WORK\PROJECT\21-021\CAD\SURVEY\EXHIBITS\21-021SEWER EASEMENT-CITY OF MERIDIAN.DWG,JIMMY KING,2/16/2022,\\KMEBOIDC S. Locust Grove Rd. BASIS OF BEARING _ N00°04'35"W_2671_16' S00.04'35"E °i AN� —fir— 1259.39' 7L' N O L 00 `t 0 CI U z m0 n -0 71 �o m z c N *c� r p7 p :E M 00 C) � O ; cn p Z y o I rD z � I °`� p -P O rD ID Ln x c 0 I a) CD N Q Q O N M C _< v Lnn m Lo <_ D �C K M I rD N rt p m p Ln -0 --I�z > z m zj I : x zym Q o m N z .� z z Lrl ---- r p rt S. Zenith Ave. �' • -- -- o I—' =_ m >v O Ln _ 1 r* N O CO ul 0 M 3 w O z ON z C7 rD Cl- CL Ln' c D aa' I rl � 3 �. M r* z Ln � �O 0 m n 00 N S o 0 rD o w o C In Ln r+ r W m I M z I � I M _ N m O I I I > N o N ani I I r z � D (D m D W N ( z m 00 II I to• r r- C () O O O r�TI D O W M N O O_ C) A mOI c �' Z o C7 O C Zo N G1 D N co m Z zCO m m ci z z __j r m m p D S2 z mLO cn -1 w = M O O z O O O m O Z = ` M D N EXHIBIT B - CITY OF MERIDIAN SEWER EASEMENT =m "G7 m �^ ?0°- ��' APEX SOUTHEAST SUBDIVISION No. 2 N E5=00 O gyp m 3IPW g A 2 Situated in a portion of Government Lot 4 and the SW 1/4 of the NW wW<— v z o 0 1/4 of Section 5, T2N, R1E, B.M., City of Meridian, Ada County, Idaho I- N Page 57 i I Item#3. i 25.00 n89°53'42"e f Vi CD r A � v F. A U l TitleCity of Meridian Sewer Easement Date: 02-14-2022 Scale: 1 inch=30 feet File:220214 Sewer Easement Apex Se No. 2 -City of Meridian 21-021 Tract 1: 0.078 Acres: 3418 Sq Feet:Closure=n02.5806w 0.00 Feet: Precision=1/108124: Perimeter=333 Feet 00 1=n89.5342e 25.00 BnVsS OS wDChd=165915 002=s00.0435e 128.34 004=n00.0435w 147.74 Page 58 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Future State Highway 16 Crossing Water Main Easement Page 59 ADA COUNTY RECORDER Phil McGrane 2022-021568 BOISE IDAHO Pgs=5 ANGIE STEELE 03/02/2022 09:22 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0124 Future SH-16 Crossing Water Main Easement WATER MAIN EASEMENT THIS Easement Agreement, made this lst day of March t 20 22 between Woodside Avenue Investors,LLC, a California limited liability company ("Grantor"), and the City of Meridian, an Idaho municipal corporation("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Version 01/01/2020 Page 6g public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns,heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR:Woodside Avenue Investors Ja s H Hu ,Manager STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on �' date) by j0nn LST! /n*i, (name of individual), [complete the following if signing in a representative c�la""pacity, or strike the following if signing in an individual capacity] on behalf of Words t Ai Vew--!! YIm A3 (name of entity on behalf of whom record was executed), in the following representative capacity: r1jkyj� o� & (type of authority such as officer or trustee) (stamp) KARA SCHOFIELD Notary Signature COMMISSION#40616 My Commission Expires: NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 09/02/2027 Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 3-1-2022 Attest by Chris Johnson, City Clerk 3-1-2022 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 3-1-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2022 Water Main Easement Version 01/01/2020 Item#4. EXHIBIT A WATER LINE EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO An easement for water line purposes located in the SE 1/4 of the SE 1/4 of Section 32, Township 4 North, Range 1 West, Boise Meridian,Ada County, Idaho, being a strip of land 20 feet in width lying 10 feet north and 10 feet south of the following described line: Commencing at a 5/8 inch diameter iron pin marking the southeasterly corner of said SE 1/4 of the SE 1/4,from which an aluminum cap monument marking the southwesterly corner of the SE 1/4 of said Section 32 bears N 89'18'01" W a distance of 2650.94 feet; Thence N 89°18'01" W along the southerly boundary of said SE 1/4 of the SE 1/4 a distance of 25.00 feet to a point; Thence leaving said southerly boundary N 0'29'56" E a distance of 25.00 feet to a point on the westerly prescriptive right-of-way of N. McDermott Road; Thence continuing N 0*29'56" E along said prescriptive right-of-way a distance of 10.00 feet to the POINT OF BEGINNING; Thence leaving said prescriptive right-of-way N 89'18'01" W a distance of 1265.88 feet to a point hereinafter referred to as POINTA; Thence continuing N 89'18'01" W a distance of 34.59 feet to a point on the westerly boundary of said SE 1/4 of the SE 1/4, said point being the POINT OF TERMINUS. CENTERLINE A An easement being a strip of land 20.00 feet in width lying 10.00 feet each side of the following described line: BEGINNING at the aforementioned POINTA; Thence N 0°41'53" E a distance of 68.11 feet to the POINT OF TERMINUS of CENTERLINE A. Page 1 of 2 Page 63 Item#4. The sidelines of said strip should be lengthened or shortened so as to begin at the westerly prescriptive right-of-way of N. McDermott Road and end at the westerly boundary of said SE 1/4 of the SE 1/4. This parcel contains 27,172 square feet (0.624 acres) and is subject to any other easements, existing or in use. Prepared by: Kyle A. Koomler, PLS O�pG s oSG Civil Survey Consultants, Incorporated January 7, 2022 187 0 TF OF 1Qp�ti/¢ A. KO Page 2 of 2 Page 64 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Meridian Movado Village Subdivision (FP-2022-0002) by Breckon Land Design, Located on the South Side of E. Overland Rd. Between S. Eagle Rd. and S. Cloverdale Rd. Page 65 Item#5. E IDIAN:--- IDAHO C� MEMO TO CITY COUNCIL Staff Contact:Joseph Dodson Meeting Date: March 1, 2022 Topic: Final Plat for Meridian Movado Village Subdivision (FP-2022-0002) by Breckon Land Design, Located on the South Side of E. Overland Rd. Between S. Eagle Rd. and S. Cloverdale Rd. Request: Final Plat consisting of 5 building lots (3 commercial lots and 2 multi-family residential lots) on 6.8 acres of land in the C-G zoning district. Information Resources: Click Here for Application Materials Page 66 STAFF REPORT lc� w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT A H O DATE: 3/I/2022 � Ua� Legend �m.-. TO: Mayor& City Council Project Location , FROM: Joseph Dodson,Associate Planner �� —i 208-884-5533 q SUBJECT: FP-2022-0002 ' Meridian Movado Village J . PROPERTY LOCATION: _ _} The site is located on the south side of E. I Overland Road between S. Eagle Road and S. Cloverdale Road,in a portion of E the NW 1/4 of the NE 1/4 of Section 21 Township 3N.,Range IE. I. PROJECT DESCRIPTION A final plat consisting of 5 building lots (3 commercial lots and 2 multi-family residential lots)on 6.8 acres of land in the C-G zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 6.8 Future Land Use Designation Mixed Use Regional Existing Land Use Vacant Approved Land Use(s) Multi-Family Residential and future Commercial Current Zoning C-G Lots(#and type;bldg/common) 5 total lots—3 commercial lots;2 multi-family lots Physical Features(waterways, N/A hazards,flood plain,hillside) History(previous approvals) Part of Movado Estates AZ,PP,PS(H-2016-0112);Movado Greens/Silverstone Apartments MCU,MDA,PP,RZ(H- 2017-0104); Silverstone Apartments MDA(H-2019-0099)& Silverstone Apartments MCU(H-2019-0014)that were withdrawn;DA Inst.Ws 2017-012608&#2018-012456; Movado Mixed-Use CUP,MDA(H-2020-0123). Page 1 Page 67 _ I IE •'i �I —ml. L. 01/ER -OVERLAND -I, • . FAR _ s Ell OVERL-AND i OVERLAND II�----�.,�y� yi�� ■ =IIIIIIIIIIIRII n mill ,■ � Li.T�V � ,■ � 111111111111111 Illllllll�l L..- 4T ���I�Illl�illl�lll-... ■noon•:m:;�� •i•un + • �t "n mn n- ?'-noon■ ,■ ■J =uuunr .� •IRnnn- L■ -rinum- nm - - ■�� moiu i�'----- • • 11 1. i • 1 �' ••• ••1 . 1' i Item#5. C. Representative: Same as Applicant IV. STAFF ANALYSIS The proposed final plat consists of 5 building lots,three(3)commercial lots and two(2)multi-family residential lots in the existing C-G zoning district. The number of lots are one(1)less than approved with the preliminary plat in 2016 and all required landscape buffers along Overland Road and Movado Way are existing and were installed with other phases of the Movado Estates Subdivision to the south. Because the number of building lots has not increased and the proposed final plat complies with all conditions of approval from the latest Conditional Use Permit and Development Agreement Modification, staff finds the proposed final plat to be in substantial compliance with the approved preliminary plat as required by UDC 11-6B-3C.2. This is the final area of land in the Movado Estates Subdivision(H-2016-0112) and Movado Greens Subdivision(H-2017-0104)to be platted. V. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VII of this report. Page 3 Page 69 »m#5 VI, EXHIBITS A Approved Preliminary Plat (Mov d Greens, 2017 � | I I § I R = j ,.,..... . ? — -- ij |§0, §` � � | : I | � I •� �■ • | | - _ m| �� �]]q I _ • 2 ' I | I �� | : . II | � �■ ■ � Q■ q m k I _� I ! � . � ! ■ ||||||`�� , ; ;§ Q 11 H §| . Oilf ` |§ Iloilol �H| § [ _ � ! © |� ■ § | ) H§H D §Q Hill @ ; . | • B n R :n,' |A ) . � § § § _am GREENS SUBDIVISION § § , |/ rrviL { E.OVERPRELLAND ROAD, ox §: Page 4 Pge3 Item#5. 16 ;G� 6 erouwcxiuf � ' � �I«m �e 1 I 'C 6 FT IV C S !ems C 6 !n 6 I 6 IN 6' !x� I Gae5Q�5� I ' e ay� d> 6 !ate 1 I ql I y r I In Ell Gz 5444Rk@� 5 , I I $C iy w 6 61 r_no 6 g C ' i I a C 99964kE 8 e .R 'e I e 6 9 Q MOVADO GREENS SUBDIVISION I %ORKS E.OVERLAND ROAD,MERIDIAN,ID g LOT DIMENSIONS q9�,S °I ` �� Page 5 Page 71 Item#5. B. Final Plat(dated: January 10, 2022) � � a mh sn F ❑ N00°IIR14�E%0.3T � A I m c i - _x_c m me .. ti ' � I 1 -- I 0 an°d ---T— z T S.MO—NAY p � ^^ IA -� F f �I ' r� I Old MCM96'35 E I80.99' _ 4+3�—�Y^] xr� � �I aa B, B 0 13*u ?BOA OTJ mx —%-----fin' s.cLoveBOAl.e RfINp q, gad RE all m 3 ql Page 6 Page 72 Item#5. PLAT SHOWING SALE MERIDIAN MOVADO VILLAGE SUBDIVISION "0 LOCATED IN THE NW1/4 OF THE NEI/4 AND THE NE1/4 OF THE NE114 OF SECTION 21, T.3 N.,R.I E.,B.M.,CITY OF MERIDIAN, EET' ADA COUNTI,IDAHO luck=°°Fr 2021 rvxp COR.4r.zx MM OF BEARINGS CP@F&iCBatl®ap y_ SH9�137E—17__�—_�__ E._OVERIgND ROAD _ Elpzcar�l G>�pxpsxssxw is !s A35.43 -- POO A 63.35' g P09 B S 89°13'35"E S 8V13'35"E M48' m —..—. }----_s6-3'35"E 291.55' L7 , ln.rN � �j' ss'ux�-eaee�ur�xeaseevvr I 1 sslvlasrwEsuara FaSov6xr,sgxoxEzl 'w r -- I: I Its 2 i 1 l a II I 11 � 1 $ I �1 1 VV SJ8°35'3x E aA66 ' I YOYAUO ePxeTNENT9 6tie0191610N I l4W 'N '� 5]13H3SW \ `N-��41r m'Cfir OF xFAIDIMI UIRf1Y F15H4ENr N r 1] p I]&M• lg m 5 x� NB9aA59f'W 14A06' 1 5♦a llm E 35E81' \ ��rlsaumuncnvEaslr,nr� xs9m xn�sax^E�\ $ BLOCK 2 +' BLOCK \ �� \ v— o l 3 ik �. ----- - . zarn�`.,,\\\, w \1 sas^ --- R vNPLarren 1 �I Ig I j 1 \ Ims� to �x I , w �o , LEGEND j - I es n sE zE.ss f I I f I I i I I v ses^Ilese Azar '.. NEIPIillfME YOYMG—N6 SVB➢IY MM NO.1 a etc x14,Pc x>ol9 �.'� ---___— welt vrxsrns mluc�ruaramla¢vx4cE _ g� �� � I "i ® raemn s/s aa+na unorm E.yACRERON ST � ramnxoxrnoxwxorlNxsrr _ I � ~ wee 7� y axxm ecn arxonvnlExr — _I I— —1 —I----I_ I °zl I I I tC8N8 `PGA I ® SfTL3•AFSl4a/CAPYPSLi491TP1511.V?• I I I i ��— _ � i o 1 I i a 11574 a ® slrsia•naz9a�cw `j 1 serl/z'amagrgP I I I I I I I � ii �I 1 uj,roz,+g� ® ulcvurm Puovr I I I I I I � I / l �I i f�P BEAGY� 1 imNvr>eEa I I I I I I II I I// � 1L II i aaa 1\uNraEea,exlNv I L SURVEYORS NARRAAVE L..—..L..—..L ,>+mslmo rm�vnwrls®xc asnnarx.�aEP»ror-meawnexs ro 1 ---..T T..—.. atarEccveyaclu lms ryas sueNswsayssawa®vrro rwuroosvaNavl6mx E.BLUEBERRY LANE (PRIVATE) - N89^13ITW 9151 rro ranro ravnoo lalealssaolvrsav rlCl.l ON xrEsnml soE,wormvnoo _.-_.._ I f CFSN59U901VISf(XlfA.I ANOMOYAaO PPotCTM@x6A1WIV1510N ONTIfECtSI SIDE _. —.-�.� MOYA➢O 6i NO.] Ex/4 CAZ SL II J mEea.NaAarraa rlassrevrialGx was Esrnm.rs¢o aroxAvucaovra YOY ae Ina,GPC GisaasG.z � I sa IlD,a,PC Pc V54 1s4e9 wF sxs49nzzo mesxPumsur,ANO rrr<xaNvmercrs Brown rallravxaul:a�l'AG1S£IFllANO I —f � I I ! I NSEL fOa IRE1TONS xA3ANG acm�m QFsxuvF\'s —..—..—.-_.. _ - Page 7 Page 73 Item#5. C. Landscape Plan(dated: January 12, 2022) E.OVERLAND RD. L Il yl I� ---- ------ i d 1 iI ti4 1 4 I I'I I I I�f. I I 1 I I i f4' II II� I O I a x I I - --�C4 --� E.VACHERON I II 2r � ry a OVERALL LANDSCAPE PLAN 1 2 3 4 5 6 7 8 Page 8 Page 74 SI)NIAAVHCI NQUOPHiSNOO %0M �t7 NV-ld IcJVOSCINV� 9C9 OHVCI 'NVIGIH3�N CIVOU GNV�H3AO ISV3 90-317 1 -1-11A OCIVAOA NVICINDA 9V LLJ LLI n LLI JH —id LJ < Page 9 SDNIMVi�(]NOIlOnHISNOO%001 _Tn N -1,1 AIVOSCINV-1 �®rZ V 1A 909 OHV(II 'NVIKIIH�Ivq CVOH (INV_lH�IAO iSVI 9M7 D _nlA O(IVAOVI NVIGIH O'd M T" z LU LU LLJ Uj lo �RO el (L r7770 -1 UM C)02)� o 1, o lb Apl�6 ---- ---- t X I 7,_Z� .00 A, uj T% Page 10 Item#5. VIL PLANNING AND PUBLIC WORKS COMMENTS & CONDITIONS I. The Applicant is to meet all terms of the approved annexation and preliminary plats (H-2016- 0112,H-2017-0104), conditional use permit(H-2020-0123), and amended development agreement(Instrument#2021-102395)for this development. 2. The Applicant has until June 3,2023,two years from the date of signature on the most recently signed final plat phase(Movado No. 9),to obtain the City Engineer's signature on this final plat or apply for a time extension in accord with UDC 11-613-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. Prior to signature on the final plat by the City Engineer,the final plat prepared by Sawtooth Land Surveying,LLC(Exhibit B), dated January 10,2022, shall be revised as follows: a. Note#8: Include encumbered lots within this subdivision. b. Note#11: Include the latest DA instrument number for these properties(2021-102395). c. Note#13: Include recorded instrument number. d. Add a note addressing any shared parking and/or access between the commercial and multi- family lots.Provide a copy of the recorded shared parking/access agreement with the Planning Division at the time of Certificate of Zoning Compliance application submittal. e. Add a note addressing cross-access to the Boise parcel to the east(S1121110200), as required by the Development Agreement. Visually showing the location of this cross-access would also be a benefit. 5. The landscape plan prepared by Breckon Land Design(Exhibit C), dated January 12, 2022, is approved as shown. All buffer landscaping has been installed and shall remain protected during construction. 6. The applicant shall comply with the submitted elevations within the approved Conditional Use Permit(H-2020-0123). 7. All fencing shall be installed in accordance with UDC 11-3A-7 and the vinyl fencing along Overland Road shall be removed as proposed at the public hearing for Movado Mixed-Use(H- 2020-0123). 8. Stormwater integration facilities shall comply with the standards listed in UDC 11-313-11C. 9. 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 for more information. 10. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 11. Prior to the issuance of any building-pefm4 Certificate of Occupancy,the final plat shall be recorded. 12. Prior to the issuance of any building permit,Applicant shall obtain applicable Certificate of Zoning Compliance and Administrative Design Review approvals for any commercial or multi-family building. 13. Sewer main cannot pass through infiltration trenches, a 10-foot separation between the structures should be maintained. A gap in the infiltration trench to accommodate the sewer main is an acceptable layout. Page 11 Page 77 Item#5. 14. A minimum 20-foot-wide easement is required for all sewer outside of right-of-way which must be free from all encroachment including but not limited to other easements, buildings, carports, overhangs, infiltration trenches, light poles, fences, trees, shrubs, etc. The sewer main along the eastern edge of the subdivision does not currently comply with this requirement. 15. A 14-foot-wide access road is required to cover all manholes if the area remains unpaved. 16. Along the eastern boundary of the subdivision a single 8" water main should be connected from Movado Way through the two buildings; fire hydrants and water meters can be installed from that 8" main. 17. The proposed water main near the proposed infiltration trench shall be a solid piece of pipe with no joints. 18. Streetlights are required along Overland frontage. A streetlight plan must be submitted and approved prior to final plat signature,and installation of streetlights must be completed prior to any type of occupancy. 19. If the required fire flow is greater than 1500 gallons per minute, contact Public Works Department for modeling. 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 Page 12 Page 78 Item#5. 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. 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 6-7 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 I I" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be Page 13 Page 79 Item#5. 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 wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be used, or provide record of their abandonment. 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 addressed 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. Page 14 Page 80 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Final Order for Prescott Ridge No. 1 (FP-2021-0053) by KM Engineering, LLP, Generally Located 1/3 Mile South of W. Chinden Blvd., on the East Side of N. McDermott Rd. Page 81 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: FEBRUARY 15, 2022 ORDER APPROVAL DATE: MARCH 1, 2022 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 108 BUILDING ) CASE NO. FP-2021-0053 LOTS AND 27 COMMON LOTS ON ) 27.42 ACRES OF LAND IN THE R-8 ) ORDER OF CONDITIONAL ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT PRESCOTT RIDGE SUBDIVISION ) NO. I ) BY: KM ENGINEERING, LLP ) APPLICANT ) This matter coming before the City Council on [date] for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING PRESCOTT RIDGE SUBDIVISION NO. 1, A PARCEL OF LAND BEING A PORTION OF LOTS 18 AND 19, BLOCK 1 OF PEREGRINE HEIGHTS SUBDIVISION AND A PORTION OF THE NE 1/4 , THE SW 1/4 AND THE NW '/4 OF SECTION 28, TOWNSHIP 4 NORTH, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PRESCOTT RIDGE SUBDIVISION NO. 1 FP-2021-0053 Page I of 3 RANGE 1 WEST, B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2021, HANDWRITTEN DATE: 9/24/2021,by AARON L. BALLARD, PLS, SHEET 1 OF 7," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated 2/15/2022, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PRESCOTT RIDGE SUBDIVISION NO. 1 FP-2021-0053 Page 2 of 3 Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 1 st day of March , 2022 By: Robert E. Simison 3-1-2022 Mayor, City of Meridian Attest: Chris Johnson 3-1-2022 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 3-1-2022 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PRESCOTT RIDGE SUBDIVISION NO. 1 FP-2021-0053 Page 3 of 3 Page 84 item#s. EXHIBIT A STAFF REPORTC�,WEIIDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 2/15/2022 DATE: e z TO: Mayor&City Council FROM: Sonya Allen,Associate Planner V.S.HIGHWAY 26 _ 208-884-5533 a SUBJECT: FP-2021-0053 o PROJECT SITE Prescott Ridge No. 1 z LOCATION: East side of N.McDermott Rd., south of SH 2O-26 in the NE 1/a,the SW 1/a and the NW 1/a of Section 28,Township 4 North.,Range 1 West. I. PROJECT DESCRIPTION Final plat consisting of 108 buildable lots and 27 common lots on 27.42 acres of land in the R-8 zoning district for the first phase of Prescott Ridge Subdivision. II. APPLICANT INFORMATION A. Applicant: Stephanie Hopkins,KM Engineering,LLP—5725 N.Discovery Way,Boise,ID 83713 B. Owner: Providence Properties,LLC—701 S. Allen St., Ste. 104,Meridian, ID 83642 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat(H- 2020-0047) and associated conditions of approval as required by UDC 11-6B-3C.2. There is the same number of buildable lots and common open space as shown on the approved preliminary plat for the subject area. This phase combines phases 1 and 4 as shown on the phasing plan and excludes the hospital/medical center lot(i.e. Lot 80,Block 8). The hospital/medical center lot should be included in the subject final plat for consistency with the approved phasing plan as required by the Development Agreement; or, an amendment to the Development Agreement for that property should be requested and approved to remove that lot from the phasing plan prior to signature on the final plat for the subject final plat. Page 1 Page 85 Item#6. Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. IV. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. V. EXHIBITS A. Preliminary Plat(date: 12/22/2020) VIC NItt MM:2-LDW PRESCOTT PRELIMINARY PLAT SHOWING A PARCEL OF LAND SITUATED IN A PORTION OF THE NORTHEAST 1/4 OF THE NORTHWEST 114 GF SECTION 28,TOWNSHIP 4 NORTH, II RANGE 1 W EST,BOISE MERIDIAN,ADA COUNTY,IDAHO �~ LEGEND - -__-���mr ue n"'mo.ac...e..m. m•.mn.asu i�I � 6ue�ox IA w OPEN SPACE EIIEAREASu m 0088,'.'' ....•r.aa. : 4` A. D. I ® 9 �f 1 5 D I _ ®®g® ® ® ® ® ®AD®® ® • ® e ® ® ®® ® ®®®� =AEO>ENSPACE° w ® " PRESCOTT RIDGE 51JBIENISION MERIDIAN,IDAHO® ET I N ekm a .:O O O A ®°per p Page 2 Page 86 Item#6. B. Final Plat(date: 9/24/2021) PLAT OF Prescott Ridge subdivision No.1 A PARCEL OF LAND BEING A PORTION OF LOTS 18 AND 19,BLOC%1 OF PEREGRFNE HEIGHTS SUBDIVISION AND A PORTION OF THE NE 1p,THE SW V4 AHD THE NW 214 OF SECTION 28" TOWHSHW 4 HORTH,WW GE 1 WEST,B.M.,CITY OF MERIDIAN,ADAOCUNTY,IDAHO. 2021 Jim p SSAW 96f Na x�B S8B'2 PSAO' I S SXEEi IHOIX 5 ref i-rcfNL PUTF un H9 E[allo I _ UnH9Ae0 sx¢r 1_9E1Ni nar Xw.uE w rw.E ve.Es RREFEREHCES 506'S0'09•C 9.®rA301L BOOR 99 CF F—.PNE9 •g "56' 1 1.almlioa rnm',ioux0. I! INf'3F'fe'E 1 I S aW2511' i,,,rtccwm a amn xn[emu RLOgCY 6pW MAC*'.tlW0. 1 HW 34'29"E 2B"F 82.31' vaeE 0.�a la oauNlr,axq. i f 1e1.10' SOV3�'29•YI 9B'25'31'E 2e4,16, LE6END II 22.99• a w,�N,.�>e r,� 1 sars,'u•E o wmn 5re.••-N•�A+•B+[n OAIYF�ABI! ut91n xE9 nN1n NN'r10[464N1 sows.2y% •AiB,S xltx RGM mN+P,ASTc cw xwxm S1 N00'Oe'051Y {]'W I SetY3Y HmtY1YE t9e.Tf 253." 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D O a O p ®®®® PROVIDENCE spa lg9•f a'u'w],.s2' gr rux ir.a u39' Y gl E x G INN FEER n G N00S2�6 Bo °g c�+ xcax2F PROPERTIES,LLC. r=. uxwaxxe MHmIBR,lwiw E s�[2 •ixw xasx+>- z a, Page 3 Page 87 Item#6. PLAT OF Prescott Ridge Subdivision No.1 S 'p e a.ar 8 I •.a,. ��_ �,.k uou, s �-® s®•?8 s"§ is '�` . O� �R®Y "' a �—�m.,F"°;ta.wm. "� «go- _�® _®z-®'ja � �•%i z � e ©�qp Ai r „� ❑qla_ zg Inc.:" Q"_OVA "p f 4 es, Ik `��a�0��'R�8�� g©✓�� Q .d � are. ^.*. �P! �rec _ �M�Ha«.� x,,x w msep' A @ e $ ♦ A s,coe� I ww 12459 8 In PROV D NCE PROPERTIES,LLC. npxleN�.ia.rq See Sheet 3 PLATOF See Sheet 2 Prescott Ridge Subdivision No.1 See Sheet 4 ——————., 0 �g& ,,,g Q �B ,Q�A.� A � 'A�s®z� © �A G�xs � �8©'Axs ® ugh ae•�p'n-x o' I,W:liop• „� � A x�rvw x, W.Sn 4rlumPslR. _--- -- _ ¢m' su. ��� �= war mar ewv xm x+m u.of nR mm xny ram' w ema mm mm �3 I mm npPsl,xxpppoi .pPs„x.wp� @� n, �x 57459 n.norsn o PROVIDENCE PROPERTIES,LLC. nwmu�.mrp Ian ...Q,',• Page 4 Page 88 Item#6. PLATOF Prescott Ridge Subdivision No.1 See Sheet DETAIL SCALE 1.,=20' .9 a�ry zx�x 4 a^ suvsx•aw F^ @a J © a w- DETAIL B SCALE 1"=20' N O FF °s x �".:oa Lamm /xaQ I2ass e ke PROVIDENCE PROPERTIES,U.C. PLAT OF eSub Prescott Ridge Subdivision No.1 s ffx 'a g a�i _ L°!°tea ��xmx� � .xmKx�xxxrsbx o�x -----------�- a zzm i xvo��, a�,w0. wzs i xeo xmzw®d.,w�Y6���w ze��enwcm 'Mrizwzrrt uEa,wx< yw 1+� r,,�}�0.en�n�'n![z m�i[w�wrs.'m.�imm�ipn'ox x�''fam�e�u�sum�i'Mm"�''�sx�no�xr'0v�rm �irm � ixw[���wxi��rwsww�o�` f xis e�mww�i�u�inreEm n TMro nnyxa„�,,, $ �Is s u aam s<vx xxzw,mz wz uas usrtu,x'[edvn us or.Fnuavml ra rvist vrtzne — � � ne w�xw mxu.w mmn[,s wxxso�rnl rm x=mots 7 I� � x�mmx x��wana zum.s zwu e��ecnvn me xnxx sm.x nrwuen xcm.sxxrxw mn�zs rs.�mmoa,x,w mum x®m, woxun s uvm rwx�,o nc m ez rrm zm x.wx:cr wr muss mox x x:wrm im.raa x.wxcw xay.is nwsrtm. .------------------------ - iai. `24%p d"¢,kL.O.s�PROVIDENCE PROPERTIES,LLL. Ion See Sheet 4 Page 5 Page 89 Item#6. C. Landscape Plan(date: 9/23/2021),Fencing Plan&Amenity Details OPEN SPACE LOT AREAS _ .o u.r ue w.ma xx mww 6.p�gp TOTAL OPEN SPACETREES�M y. • '^a'" mm,,,� y $TREETTREE CALCULATIO N$fITNFEJ3S Ln ® n � ,a,�, — ` TOTAL$TREELTREES sPo .m u °1VX man • — - ]•_ .uw iu Muir raom_ mxw m .�R.Q��. PAT 4iWAY CUCCULAMON5 MrTIGATION REQUIREMENT$ TOTAL THE ESREQUIREO(PROVII)E � - o f ICJ OO 10 4 0 0 0 O O a 5�1�® O mxrcT ixsoexunon a LANbSCAPE COVER �1.Lidj ���6� Zm Page 6 Page 90 Item#6. i '—r• /1! a IANDSCAPE PLAN 150 1.z ..—.,," a,.m mmsa, yam wa � L2.o km i fI - o l - L L LANDSCAPE PLAN _ Page 7 Page 91 Item#6. N�Y 1 r k`o L AT LANDSCAPE PLAN IPArcx LI"`°°°`"Arc"LI"`A Marcx kinn 'NE o srE"nrcx uuE c 1 n, ucus r°:cParvnn n roar HNGH nmLrcxcE A !FOOT HEIGHT VINYL GErvc[w x An�roP qT VSEG r m O '6 STRE SG➢E BENW O AIL 7 LIP IDI(i P— O k e •Ea g ® ...mm..�.,� L. . PIANTI NG DETAIL ENLARGEMENT km BA Page 8 Page 92 Item#6. RE 10 0� ar� 11 oE.,nnAaro� 12 13'4,C-RVIM FENCELi �.o -I wN.Ex�om. I � 1 D O" a=Boa. 00000 � o �W0000000©®0e � m i km f=\FENCE E7(HIBIT v.o Page 9 Page 93 Item#6. _ AMENITIES a '- -- r A-POOL AND CLUBHOUSE u 13605F BUILDING 54'X30'POOL -_ 17 PARKING SPACES �• _ { Ia B-LARGE TOT LOT E C•SMALL TOT LOT r 1 _ i D-DOGPARK/POCKETPARK PRESC❑TT � F P"•° E-OPENSPACE RIDGE r -- 1 T —J l�RIDIAN.IDAHO 1 �L J JJ ry 90* aI - - A B �. ol L Y v��rvy'. 0; w • a1' �m Y -,�--q 00 v ti p a.rdr .. v°cu# °o- — 41 0 00 P. SCHEMATIC CLUBHOUSE qt 6. LARGETOTLOT I >� I .. SMALLTOTLOT /R DOG PARKIPOCKETPARK Page 10 Page 94 Item#6. D. Common Driveway Exhibit W L r � O + ¢ 4�. + ` der f N w'f �� o m + y 12' W I , �' W L O zo,ti '� s•� �� �O 1 0 20, o_a OUILDNG ENVELOPE Ifl 1 - '}� ! F LOT 9 BLOCK 1 TO BE L TO 6E E6 ON THE 1 OPPOSITEE LOCATED SIDE� O THE SHARED + + + ' �� � ` •�;.� COMMON DRIVE PROPERTY OPERTY LINE oW FIRE EN G I xN EE ,A iIiI NG Ntsr 4 + LOT 8 IS A NON—BUILDABLE COMMON LOT [21�tX2.0 Wi-A BLANKET INGRES5/EGRESS EASEMENT 'ey IN FAVOR OF LOTS 5,5 AND 7,BLOCK 1 V DRIVEWAY FpR LQ, I BLOCK 1 'S R LOCATED �g ON THE DRIVE E 510E OF LINE $FV1RE7, � N Qq COMMON DRIVE PROPERTY LINE q y LOTS 4-9,BLOCK 1 `r 3a so so oaa� �' A Plan Scale:3."=30' Page 1 1 Page 95 Item#6. VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development [H-2020-0047,Development Agreement Inst. #2021-132713. 2. The applicant shall obtain the City Engineer's signature on the final plat within two(2)years of City Council's approval of the preliminary plat(by June 1,2023)in accord with UDC 1I- 6B-7 in order for the preliminary plat to remain valid; or, a time extension may be requested. 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 shown in Section V.B prepared by KM Engineering, stamped on 9/24/2021 by Aaron L. Ballard, shall be revised as follows: a. Include Lot 80,Block 8 (i.e. hospital/medical center lot as shown on the preliminary plat)in the boundary of the final plat in accord with the phasing plan as required by the Development Agreement; or,amend the Development Agreement for the hospital portion of the development to exclude that parcel from the phasing plan, prior to signature on subject final plat by the City Engineer. b. Include the recorded instrument number of the point of commencement graphically depicted on Sheets 1 and 2. c. Depict the correct parcel configuration of the property at the southwest corner of SH-20/26 and N. Rustic Oak Way as shown on ROS #13153, property boundary adjustment for Providence Properties,LLC,Raymond Roark and Lonnie Kuenzli. d. Note#14: "Direct lot access from N.McDermott Rd.,N.Rustic Oak Way and W. Chinden Blvd. is prohibited,unless otherwise approved." An electronic copy of the revised plat shall be submitted prior to signature on the final plat by the City Engineer. 5. The landscape plan shown in Section V.C, dated 9/23/21, shall be revised as follows: a. Depict shrubs(along with the proposed trees)within the street buffers along W. Chinden Blvd.,N. McDermott Rd. and N. Rustic Oak Way as set forth in UDC 11-3B-7C.3a. b. Landscaping shall be depicted along all pathways in accord with the standards listed in UDC 11-3B-12C; include a mix of trees and shrubs along with lawn and/or other vegetative groundcover. c. Depict noise abatement for the future SH-16 extension in the form of a berm or a berm and wall combination parallel to N.McDermott Rd. constructed in accord with the standards listed in UDC 11-3H-4D. A cross-section of the berm or berm/wall combination should also be included. d. If fencing is proposed along the west side of Lot 9,Block 1, depict a minimum 5' wide landscape buffer along the east side of Lot 8,Block 1 planted with shrubs,lawn or other vegetative groundcover as set forth in UDC 11-6C-3D.5. Depict fencing on the plan if proposed. An electronic copy of the revised landscape plan shall be submitted prior to signature on the final plat by the City Engineer. Page 12 Page 96 Item#6. 6. Prior to the issuance of any new building permit,the property shall be subdivided in accordance with the UDC. 7. All development shall comply with the dimensional standards for the R-8 zoning district listed in UDC Table 11-2A-6. 8. A perpetual ingress/egress easement shall be filed with the Ada County Recorder for the common driveway on Lot 8,Block 1;a copy of the recorded easement shall be submitted prior to submittal of the final plat for the City Engineer's signature. 9. A 14-foot wide public pedestrian easement for the planned and future multi-use pathways along N. McDermott Rd. and N. Rustic Oak Way shall be submitted to the Planning Division in accord with the Park's Department requirements per the Pathways Master Plan for the portions of the pathway that are outside the public right-of-way. A copy of said easements shall be submitted to the Planning Division prior to submittal of the final plat for City Engineer signature. 10. Provide amenities consistent with the plans in Section V.0 as approved with H-2020-0047. 11. The rear and/or side of structures on Lots 2-6, Block 4 and Lots 2-7, Block 1 along N. McDermott Rd.and on Lot 2,Block 10 and Lot 14,Block 8 and Lot 2,Block 9 along N.Rustic Oak Way 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. 12. 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. 13. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. The applicant shall be required to pay the Oaks Lift Station and Pressure Sewer Reimbursement Fees in the amount of$265.25 per equivalent residential unit(ERU). The reimbursement fees for the entire residential portion of this subdivision shall be paid prior to city signatures on this final plat. 2. The applicant shall be required to pay the Oaks Lift Station Pump Upgrades Reimbursement Fees in the amount of$185.43 per equivalent residential unit(ERU). The reimbursement fees for the entire residential portion of this subdivision shall be paid prior to city signatures on this final plat. 3. 12-inch water main shall be installed throughout the subdivision(see water markup sheets below) 4. Construct water main in North Streamer Way between Parachute Drive and Fireline Court. 5. Provide a 20-foot-wide water main easement over the walking path for potential future connection. 6. Manholes must be 60-inch diameter for any sewer main depth 18 feet or greater. Page 13 Page 97 Item#6. 7. All manholes outside of right-of-way must be maintained within an easement and be accessible via a gravel access road that meets City standards. Specifically,the sewer main running parallel to Rustic Oak Way does not meet these requirements. 8. Sewer pipes need a minimum 3-feet of cover over the top of pipe. Manhole F-2 does not meet this requirement. 9. Angles through a manhole cannot exceed 90 degrees for the in/out pipe in the direction of flow.Manhole D-2 does not meet this requirement. 10. Sewer mains shall not be allowed in common driveways that serve three or fewer lots, services should be extended from the main in right-of-way. For common driveways that serve four or more lots a private sewer main can be extended into the driveway. A manhole must be provided at the property boundary(from the right-of-way)that is marked"Private"on the lid. The private sewer main must end in a manhole that is also marked"Private"on the lid. 11. The geotechnical investigative report prepared by SITE Consulting, LLC indicates some very specific construction considerations. The applicant shall be responsible for the strict adherence of these recommendations to help ensure that groundwater does not become a problem within crawlspaces of homes. General Conditions: 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 Page 14 Page 98 Item#6. 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. 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 6-7 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 I I" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be Page 15 Page 99 Item#6. 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 wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be used, or provide record of their abandonment. 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 addressed 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. Page 16 Page 100 Item#ti. Public Works Water Markup — Water connections to the ' L ust be 12"main• north need to be enabled 1 rther Y exension o all red lines n t f i { 4r�,-- Ctal?S 12"main. a mains to the property hn to II rest of mains � + m a f r an easeent.This Is 1 ;f . � � � re assumed to be -- + dependent on how road 1 f k- connections to the north a F water ® �" ain in N Streamer a 1 Y to connect � 1� ater between ireline Dr and r i OONCEMAL EMGIKERING PLAN — -. . .- --. - 1• LL Page 17 Page 101 Item#6. MATCH LINE-SEE SHEET PP3.2 LE I 1 Remove water main 1 but maintain water 1 easement 1 f Install a tee at the / j branch off point with an � isolation valve directly 1 / ` MEIIMI V0.Rr R­NF attached to it and then �\ � I cap off the outlet side ® ---•-� 1 I f the valve-This allow F j 1 he tap to be installed ®and pressure tested so J if the existing County 0 12" O ,• '$ j "�-,Subdivision wants to / 1Nater&sewer need to flip locations in connect in the future ° N Backfire Way-Currently these lines 1 they can easily do so- ° pp are not in the proper corridor-Water 1 / / should be located on the east side of ® ® ® ° ®the road&sewer on the west- rr 1 ® QD a 11 a o o © a © 0 --- ---— - - -- --- - CONCEPTUAL ENGINEERING PLAN Page 18 Page 102 Item#6. li L[ MATCH UNE-SEE SHEETPP3.3 Remove main ®®®® Remove main line. line.Services Se vices only 10 my to eliminate eliminate deadend eM eadend main water ®®�10 main line. — _ _ _ ® connection ® ' — ® o the east o + needs to be Remove main 0 ale m III ®®®a ®®®a I' a®®® ® ® ® ® ® ° © l enabled by line.Services only R ® either an ® :� ® extension of o eliminate 0 0 Remove main line. water mains eadend main Services only to ®®° ® ® a 0 c l a to the line. eliminate deadend ® property line ° r main line. -- ran easement. -Z ;1 ® his is a dependent n road ® .`: connections o I _.®.• :•: _ o the east. I, d ater&sewer need to flip •:•'locations in Backfire Way. MATCHLINE-SEESHEET PP3.JL •-_ 0 f� Currently these lines are not in the �•:• CONCEPTUAL ENGINEERING PLAN / � :proper corridor.Water should be located on the east side of the road&sewer on the west. +G a o Oaks North Subdivision e ® currently plans on a constructing a road j stubbed here with a HESC HID MERIDI, �- stubbed water main. -NE' Applicant to coordinate with Oaks North. 0a Page 19 Page 103 Item#6. �F u Q� I L[cyio } I I Pii - water connection to the east needs to be enabled by either an extension of water mains to the property line or an easement.This is dependent on road iconnections to the east. I raEsCan R o� `W. SSSiiil44 r,�Eaio... MATCH LINE•SEE SHEET PP3.2 a' Page 20 Page 104 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Memorandum of Agreement Between Meridian Library District and City Of Meridian for Design and Installation of Mural Page 105 Item#7. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Emily Kane, Deputy City Attorney Meeting Date: March 1, 2022 Presenter: Cassandra Schiffer,Arts & Culture Estimated Time: .5 minutes Coordinator Topic: Memorandum of Agreement Between Meridian Library District and City Of Meridian for Design and Installation of Mural Recommended Council Action: Approve the agreement and authorize the Mayor's signature. Background: This agreement sets forth terms, conditions, and expectations for the partnership under which the Meridian Library District agrees to provide a public art easement for City's installation of a mural on a building owned by MLD, specifically,the building containing unBound, on 722 E. 2nd Street. This MOA was developed for the purpose of engaging the property owner's acknowledgement of, and commitment to, all aspects of the partnership and process before mural design. Page 106 MEMORANDUM OF AGREEMENT BETWEEN MERIDIAN LIBRARY DISTRICT AND CITY OF MERIDIAN FOR DESIGN AND INSTALLATION OF MURAL This MEMORANDUM OF AGREEMENT BETWEEN MERIDIAN LIBRARY DISTRICT AND CITY OF MERIDIAN FOR DESIGN AND INSTALLATION OF MURAL ("Agreement"), is made and entered into this 1 St day of March , 2022 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and the Meridian Library District, a public library district organized under the laws of the State of Idaho ("MLD") (collectively, "Parties"). WHEREAS,the Parties mutually desire to foster a vibrant community, establish a sense of place and local identity, attract visitors to downtown Meridian, and beautify public spaces; WHEREAS,to that end, City intends to dedicate funds for the design and installation of a public art mural at 722 E. 2nd Street, in Meridian, Idaho, Ada County parcel no. R5672000870 ("Property"); specifically, on the south-facing exterior wall of the building; WHEREAS,MLD owns the Property, and has agreed to make the south-facing exterior wall of the building available to the City for the installation of a public art mural ("Mural"), by an artist to be selected by and under contract with City ("Artist"); WHEREAS,the Parties seek by this Agreement to memorialize the process by which the mural will be installed, establish the terms and conditions of City's investment in this partnership, and establish each Party's expectations for the design, installation, ownership, maintenance, and longevity of the mural; 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.MLD's RESPONSIBILITIES A. Public Art Easement. At the time specified in the process set forth in Exhibit A, MLD shall convey to City a Public Art Easement, as set forth in the Public Art Easement Agreement attached hereto as Exhibit B, for the installation of the Mural at Property. By signing this Agreement, MLD acknowledges and agrees that City will, in reliance on MLD's covenant to convey the Public Art Easement, engage the Artist to design and install Mural, a public art installation custom-designed specifically for installation on the south-facing exterior wall of the building at Property. Prior to execution of this Agreement, MLD shall carefully review the Public Art Easement Agreement set forth in Exhibit B, shall consult MLD's legal counsel regarding same, and shall fully negotiate all terms of the Public Art Easement prior to the execution of this Agreement. MLD's execution of this Agreement shall signify MLD's covenant to execute the Public Art Easement Agreement in the form set forth in Exhibit B. If, following the execution of this Agreement, MLD declines to execute the Public Art Easement Agreement exactly as set forth in Exhibit B, MLD shall reimburse City for all MEMORANDUM OF AGREEMENT BETWEEN CITY AND MERIDIAN LIBRARY DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE I page 107 expenses incurred and obligations made by City in reliance on MLD's commitment to execute same, including, but not limited to, any and all amounts paid to Artist for design and/or installation of the Mural at Property. B. MLD Contact. MLD shall designate an individual to serve as MLD Contact, which individual shall consult with City and Artist throughout the design and installation of the Mural, and shall be authorized to make decisions on behalf of MLD related to design and installation of the Mural. C. Process. MLD has reviewed, acknowledges, understands, and agrees to participate in the partnership process generally as set forth in Exhibit A hereto. I.CITY'S RESPONSIBILITIES. A. City Contact. City shall designate an individual to serve as City Contact, which individual shall consult and liaise with MLD and Artist throughout the design and installation of the Mural, and shall be authorized to make decisions on behalf of City related to design and installation of the Mural. B. Manage process. City shall manage and participate as needed in the public-private mural partnership process generally as set forth in Exhibit A hereto. C. Agreements, resolution. City shall: 1. Prepare, and with Artist negotiate and execute, a master agreement with the Artist establishing terms and conditions of services to be provided in the design and installation of public art murals, which agreement shall be generally in the form as set forth in Exhibit C hereto. 2. Prepare, and with Artist negotiate and execute, a task order with the Artist for the design of the Mural to be installed at Property, which agreement shall be generally in the form as set forth in Exhibit D hereto. 3. Prepare, and with Artist negotiate and execute, a task order with the Artist for the installation of the Mural at Property, which agreement shall be generally in the form as set forth in Exhibit E hereto. 4. Prior to the execution of this Agreement, negotiate and finalize with MLD, the agreed- upon terms of the Public Art Easement Agreement which agreement shall be in the specific form and contain the specific content as set forth in Exhibit B, and, following execution of the task order for installation of the Mural, shall attach such installation task order to the Public Art Easement Agreement as an exhibit thereto. Following the Parties' execution of the Public Art Easement Agreement and attachment of the installation task order as an exhibit thereto, City shall record the Public Art Easement against the Property. 5. Prepare and, with Artist, negotiate and execute, Mural acceptance agreement establishing terms and conditions of City's acceptance of final Mural, which agreement shall be generally in the form as set forth in Exhibit F hereto. City shall prepare the City Council resolution signifying City's approval of the Mural as installed. MEMORANDUM OF AGREEMENT BETWEEN CITY AND MERIDIAN LIBRARY DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 2 page 108 Except insofar as may be specifically established therein, MLD shall not be a party or third party beneficiary to these agreements. III.GENERAL PROVISIONS. A. City and MLD Contacts. The Parties hereby designate the following individuals to serve as the City Contact and MLD Contact, respectively: City Contact: MLD Contact: Cassandra Schiffler, Arts & Culture Coordinator Nick Grove, Assistant Director cschiffler@meridiancity.org nick@mld.org 208-884-5533 (208) 888-4451 B. Notice. Communication between City Contact and MLD 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 MLD: City Clerk, City of Meridian Gretchen Caserotti, Director 33 E. Broadway Avenue Meridian Library District Meridian, Idaho 83642 1326 W. Cherry Lane Meridian ID 83642 C. Term. This Agreement begins immediately upon the Effective Date and shall expire upon recording of the fully executed Public Art Easement Agreement, unless earlier terminated as set forth herein. D. Non-appropriation. Notwithstanding any other provision of this Agreement, City shall not be obligated by any provision of this Agreement unless and until the Meridian City Council appropriates adequate funds for this Agreement in the City's budget for the applicable fiscal year. In the event that funds are not appropriated necessary to meet City's obligations under this Agreement, this Agreement shall be terminated. City shall notify MLD of any such non- appropriation of funds at the earliest practicable date. E. Assignment. Neither party shall assign or sublet 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. F. 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. G. 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, MEMORANDUM OF AGREEMENT BETWEEN CITY AND MERIDIAN LIBRARY DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 3 page 109 judgments for damages, or injury to persons or property and losses and expenses caused or incurred by either party or any employee, agent, contractor, official, officer, servant, guest, and/or invitee thereof. H. Compliance with laws. In performing the scope of services required hereunder, City and MLD shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. I. 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. J. Termination. 1. Grounds. Grounds for termination of this Agreement shall include, but shall not be limited to: non-appropriation of funds necessary to meet City's obligations under this Agreement; 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. K. 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. L. 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 after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. M. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and MLD. The Parties signatory hereto MEMORANDUM OF AGREEMENT BETWEEN CITY AND MERIDIAN LIBRARY DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 4 page 110 represent and warrant that each is duly authorized to bind, respectively, City and MLD to this Agreement in all respects. 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 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. MERIDIAN LIBRARY DISTRICT: Megan LarsA,.—Choir Meridian Library District Board of Trustees CITY OF MERIDIAN: BY: Robert E. Simison, Mayor 3-1-2022 Attest: Chris Johnson, City Clerk 2-1-2022 MEMORANDUM OF AGREEMENT BETWEEN CITY AND MERIDIAN LIBRARY DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 5 Page 111 Item#7. EXHIBIT A PUBLIC-PRIVATE MURAL PARTNERSHIP PROCESS OVERVIEW STEP RESPONSIBLE PARTY TASK 1 City(Arts &Culture Coordinator) Identify potential partners to participate in public-private partnership for installation of murals on suitable buildings 2 City(City Attorney's Office) Prepare proposed memorandum of agreement with selected partner Property Owner establishing terms and conditions of design and installation of the mural and Public Art Easement Agreement 3 City(City Attorney's Office) and Negotiate Public Art Easement Agreement; negotiate and Property Owner execute memorandum of agreement 4 City(Arts &Culture Coordinator) Issue request for qualifications (RFQ)for mural artists; match selected Artist with partner Property Owner Note: This step is complete; Key Detail is the artist who will design and install the mural. 5 City(City Attorney's Office) Prepare task order for mural design 6 City(City Attorney's Office) and Negotiate and execute task order for mural design Artist 7 City(Arts &Culture Coordinator, Collaborative exchange between Property Owner,Artist, Meridian Arts Commission),Property and City per design task order;Artist delivers final mural Owner, and Artist design 8 City(Meridian Arts Commission) Review and recommend approval of final mural design 9 City(City Attorney's Office) Prepare task order for mural installation 10 Property Owner and Artist If Property Owner requires written agreement with, and/or proof of insurance from,Artist for mural installation: Negotiate and execute terms (City will not participate) 11 City(City Attorney's Office) and Negotiate and execute task order for mural installation; Artist City Council approves final design via approval of task order for mural installation 12 City(City Attorney's Office) Prepare final Public Art Easement Agreement with task order for mural installation attached as exhibit 13 City(City Attorney's Office) and Execute and record Public Art Easement Agreement Property Owner 14 Artist and Property Owner Artist schedules installation with Property Owner; installs mural per the installation task order and written agreement with Property Owner,if an 15 City(City Attorney's Office) Prepare mural acceptance agreement 16 City(City Attorney's Office) and Negotiate and execute mural acceptance agreement Artist 17 City(Arts &Culture Coordinator) and Project closeout per installation task order and acceptance Artist agreement—site visit, document collection, sign installation,Meridian Arts Commission final approval 18 City(City Attorney's Office) Prepare resolution for City Council approval and Mayor's signature, accepting the mural and approving final payment to Artist 19 City(Arts &Culture Coordinator), Schedule/coordinate mural unveiling event(as weather or Property Owner, and Artist other circumstances permit) MEMORANDUM OF AGREEMENT BETWEEN CITY AND MERIDIAN LIBRARY DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 6 page 112 EXHIBIT B PUBLIC ART EASEMENT AGREEMENT RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Meridian 33 E.Broadway Avenue Meridian,ID 83642 PUBLIC ART EASEMENT AGREEMENT: PROPERTY ADDRESS This PUBLIC ART EASEMENT AGREEMENT ("Agreement") is made on this day of , 2022 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and PROPERTY OWNER, an ORGANIZATION TYPE organized under the laws of the state of Idaho ("Grantor"). (City and Grantor may hereinafter be collectively referred to as "Parties.") WHEREAS,the Parties desire that public art murals will be incorporated into the Meridian community, and to that end, City will dedicate funds and contract with ARTIST for the design, installation, and/or maintenance of a public art mural at PROPERTY ADDRESS, in Meridian, Ada County parcel no. PARCEL NUMBER ("Property"); specifically, on the DIRECTION-facing exterior wall of the building located thereon; WHEREAS, Grantor owns the Property, and has agreed to make it available to the City for the installation of a mural ("Mural") by ARTIST ("Artist"), as generally depicted in the Task Order For Mural Installation between City and Artist, executed on DATE and attached hereto as Exhibit A ("DATE Task Order"); 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: 1. GRANT OF EASEMENT. Grantor conveys, grants and warrants to the City, its successors and assigns, an easement for the purpose of installing, maintaining, and exhibiting the Mural on and in the Property. Following Final Acceptance of the Mural as defined in the DATE Task Order, the Mural shall be the property of City. 2. TERM. This Agreement, and the easement granted hereunder, shall be effective until 11:59 p.m. on September 30, 2031 unless extended by mutual agreement of the Parties. 3. RECORDATION. City shall record this Agreement in the land records of Ada County Idaho, and shall submit proof of such recording to Grantor. For recording purposes, the legal description of the Property is: LOT/BLOCK DESCRIPTION PER ASSESSOR. MEMORANDUM OF AGREEMENT BETWEEN CITY AND MERIDIAN LIBRARY DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 7 4. TERMINATION. a. Termination by Grantor. This Agreement, and the easement granted hereunder, may be terminated by Grantor, at any time, upon thirty (30) days' written notice to City and receipt of the City's written consent to terminate, upon Grantor's showing of any of the following: (1) That the property is to be sold and the buyer requires removal of the easement as a condition of the purchase and sale; or (2) That the property is to be refinanced and the lender requires removal of the easement as a condition of the refinancing; or (3) That the property is to be substantially remodeled or altered in a way that precludes continued maintenance of the Mural; (4) That Grantor's circumstances have materially changed and the continued existence of the easement or maintenance of the Mural substantially impedes Grantor's reasonable use and enjoyment of the Property. City shall not unreasonably withhold consent to termination upon Grantor's satisfactory demonstration of any of the foregoing conditions of termination. Grantor expressly agrees and warrants that if Grantor terminates this Agreement, Grantor shall be responsible for removing the Mural and restoring the Property to its prior condition, at Grantor's sole expense. Such removal and restoration shall occur within thirty(30) days of the termination of the easement, unless this period is extended in writing by the City. b. Termination by City. This Agreement, and the easement granted hereunder, may be terminated by City, at any time, upon thirty (30) days' written notice to Grantor, if City determines that Grantor has failed to substantially perform Grantor's obligations under this Agreement, or if City determines that the continued existence of the easement or maintenance of the Artwork is no longer desired or if City is unable to maintain the Artwork due to non-appropriation of funds. City expressly agrees and warrants that if City terminates this Agreement, City shall be responsible for removing or painting over the Mural and restoring the Property to its prior condition, at City's sole election and expense. Grantor shall allow City access to Property necessary to complete such removal or restoration. Such removal or restoration, if City so elects, shall occur within thirty (30) days of the termination of the easement, unless this period is extended in writing by Grantor. c. Expiration of Term. Upon expiration of the term of this Agreement, as set forth herein or as mutually extended by the Parties by written amendment as set forth herein, City expressly agrees and warrants that City shall be responsible for removing or painting over the Mural within thirty (30) days of the expiration of the easement, unless this period is extended in writing by the Grantor. o 5. MAINTENANCE AND REPAIR OF MURAL. During the term of this Agreement, as set forth herein or as mutually extended by the Parties by written amendment as set forth herein, City shall have the sole right and responsibility to determine the need for, and to execute, all necessary maintenance and repair of the Mural and shall not interfere with the normal operations of Property or inhibit the public access to and use of Property's services. City may determine, in its sole discretion, that the Mural is damaged beyond feasible repair, and may remove or paint over the Mural, with thirty (30) days' notice to Grantor. Grantor shall notify City if Grantor perceives a need to maintain or repair the Mural. MEMORANDUM OF AGREEMENT BETWEEN CITY AND MERIDIAN LIBRARY DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 8 page 114 Item#7. 6. RIGHT OF ENTRY. City or City's contractor shall have the right to enter the Property during normal business hours, and at all other times with advance approval of the Grantor, for any and all of the purposes described in this Agreement. City shall provide Grantor at least forty-eight (48) hours' prior notice of such entry and receive written approval by Property Owner. 7. BINDING EFFECT. The easement granted in this agreement shall run with the land and shall be binding upon, and inure to the benefit, of the Grantor and the City, and their respective representatives successors or assigns, and/or any person or entity acquiring any right, title, or interest in the Property. 8. CONTRACTUAL RELATIONSHIPS;ASSIGNMENT. This Agreement does not designate either Party as the agent or representative of the other for any purpose whatsoever. The Parties are not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of the other or to bind the other in any manner whatsoever. Neither Party shall assign this agreement without the prior written consent of the other. 9. 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: Grantor: City: PROPERTY OWNER NAME City of Meridian Attn: CONTACT NAME Attn: City Clerk ADDRESS 33 E. Broadway Avenue Meridian ID ZIP CODE Meridian ID 83642 Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change, establishing a new address for noticing purposes, in accordance with the requirements of this section. 10. NON-APPROPRIATION. Grantor acknowledges that City is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. 11. APPLICABLE LAW. This Agreement shall be governed by and construed in accordance with the statutes and constitution of the State of Idaho, including, without limitation, Article VIII, Section 3, of the Idaho Constitution. 12.FORCE MAJEURE.Neither Party will be liable for failure to perform any duty under this Agreement where such failure is due to unforeseeable causes beyond such Party's control. Such causes may include, but shall not be restricted to, acts of God or nature, fire, flood, epidemic, strike, crime, natural disaster, or any order of any court or state or federal agency. 13. AMENDMENTS. No modification or amendment of the provisions of this agreement shall be effective unless in writing and signed by authorized representatives of the parties. 14. TIME IS OF THE ESSENCE. The Parties acknowledge and agree that time is strictly of the essence with respect to each and every term, condition, and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach and default hereunder by the Party so failing to perform. MEMORANDUM OF AGREEMENT BETWEEN CITY AND MERIDIAN LIBRARY DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 9 page 115 Item#7. 15. BINDING UPON SUCCESSORS. Except as otherwise specifically provided herein, this Agreement shall be binding upon any and all owners of the Property, any and all subsequent owners thereof, and each and every other person acquiring an interest in the Property. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the Property, or any portion thereof, except that any sale or alienation shall occur subject to the provisions of this Agreement, and any successive owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. 16. SEVERABILITY. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any other provision or provisions contained herein. 17. 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 attorney fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter alia, any default, termination, or forfeiture of this Agreement. 18. FINAL AGREEMENT. This Agreement sets forth all promises, inducements, agreements, conditions, and understandings between City and Grantor relative to the subject matter hereof, and there are no promises, agreements, conditions, or understandings, either oral or written, express or implied,between City and Grantor, other than as are stated herein. Except as otherwise specifically provided herein, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. 19. 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 after either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. 20. COMPLIANCE WITH LAWS. Throughout the course of this Agreement, the Parties shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 21. ADVICE OF ATTORNEY. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorney or the opportunity to seek such advice. 22. APPROVAL REQUIRED. This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on this day of , 2022. MEMORANDUM OF AGREEMENT BETWEEN CITY AND MERIDIAN LIBRARY DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 10 page 116 GRANTOR: STATE OF IDAHO ) ) ss: County of ) I HEREBY CERTIFY that on this day of NAME, TITLE ,2022,before the undersigned,a Notary ORGANIZATION Public in the State of Idaho,personally appeared NAME,proven to me to be the person who executed the said instrument,and acknowledged to me that he executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year in this certificate first above written. Notary Public for Idaho Residing at Idaho My Commission Expires: CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor Chris Johnson, City Clerk STATE OF IDAHO ) : ss County of Ada ) I HEREBY CERTIFY that on this day of 2022 before the undersigned, personally appeared ROBERT E. SIMISON and CHRIS JOHNSON,known or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument on behalf of the City of Meridian,and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Idaho My Commission Expires: Attached as exhibit: TASK ORDER WITH ARTIST FOR INSTALLATION OF MURAL MEMORANDUM OF AGREEMENT BETWEEN CITY AND MERIDIAN LIBRARY DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE I I page 117 EXHIBIT C ARTIST MASTER AGREEMENT MASTER AGREEMENT FOR PROFESSIONAL SERVICES: MURAL DESIGN,INSTALLATION,AND MAINTENANCE This MASTER AGREEMENT FOR PROFESSIONAL SERVICES: MURAL DESIGN, INSTALLATION, AND MAINTENANCE ("Agreement") is made this day of , 2022 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and NAME, on behalf of BUSINESS NAME, a TYPE OF BUSINESS organized under the laws of the state of Idaho ("Artist"). WHEREAS,the City desires to foster a vibrant community; establish a sense of history, place, and local identity; attract visitors to downtown Meridian; and beautify public spaces by facilitating the installation of murals on buildings in Meridian, both privately- and publicly-owned; WHEREAS,Artist is qualified through experience and demonstrated ability to work with the City, property owners, and other interested parties to create artwork that addresses the context of its placement, reflects community values, and meets or exceeds stakeholder expectations; 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. PROCESS. By this Agreement, City and Artist seek to establish the general terms of tasks undertaken by Artist with regard to consultations, design, installation, maintenance, and repair of murals, and any and all other tasks related to such activities. The City may invite Artist to provide such services pursuant to separate project task orders establishing specific terms and conditions, including compensation amount, scope of work, and timelines. II. SCOPE OF SERVICES. Upon execution of this Agreement and any associated project task order, Artist shall comply in all respects and perform and furnish to City, all services and shall meet all standards enumerated in this Agreement and in the project task order. Artist shall provide services and work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and/or the project task order. Services and work provided by Artist shall be performed in a timely manner as specified in the project task order and agreed upon by the parties. III.TERM. This Agreement shall become effective on the Effective Date first written above, and shall be effective through September 30, 2031, unless sooner terminated by the method set forth herein. IV.COMPENSATION. A. Total amount. The total payment to Artist for specific services provided pursuant to this Agreement shall be separately negotiated and enumerated in the respective project task order(s). The amount designated in the project task order shall constitute full compensation MEMORANDUM OF AGREEMENT BETWEEN CITY AND MERIDIAN LIBRARY DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 12 page 118 Item#7. for any and all services, travel, transportation, materials, fabrication, shipping, equipment, contingency, commission, artist fee, and costs of work to be performed or furnished by Artist. B. Method of payment. Artist shall provide to City one (1) completed W-9 form, and invoices for services and/or materials provided pursuant to the payment schedule set forth in the project task order, which City shall pay within thirty (30) days of receipt. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Artist under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Artist. V. CREATION,INTEGRITY,AND OWNERSHIP OF ARTWORK. A. Waiver and relinquishment of rights.Artist expressly waives any and all right, title, or interest in artwork and other products created pursuant to this Agreement or project task order. Artist understands that this waiver shall include waivers of the exclusive rights of reproduction, adaptation, publication, and display. Artist specifically waives the right to claim any remedy concerning the alteration of any artwork or product created pursuant to this Agreement or project task order. Artist agrees to relinquish any and all rights, title, and interest to artwork or products developed in connection with this Agreement or project task order, and hereby expressly waives any rights Artist has to same, including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Artist understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. This provision shall survive the termination or expiration of this Agreement. B. Photographs of Artwork by Artist. Artist may photographically reproduce the image of the Artwork and all preliminary studies, sketches, models and maquettes thereof, as Artist may desire for marketing, educational and public information purposes. Where practicable, Artist shall acknowledge on each such photographic reproduction the location of such Artwork, provided that reproductions of preliminary studies, sketches, models and maquettes shall not be identified as or represented to be the finished Artwork. C. Photographs of Artwork by City. City may photographically reproduce the image of the Artwork and all preliminary studies, sketches, models and maquettes thereof that have been delivered to and accepted, as City may desire for educational and public information purposes. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photographic reproduction to be the creator of the original subject thereof, provided that photographic reproductions of preliminary studies, sketches, models and maquettes shall not be identified as or represented to be the finished Artwork. D. Ownership. Upon City's final acceptance of artwork or other products created pursuant to this Agreement, such artwork or products shall be owned by City, and City may maintain, repair, or fully or partially remove them, at City's sole election and discretion. MEMORANDUM OF AGREEMENT BETWEEN CITY AND MERIDIAN LIBRARY DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 13 page 119 Item#7. E. Subcontracting or assignment of obligations.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. Any and all subcontractors or assignees shall be bound by all the terms and conditions of this Agreement. 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 business invitees, occurring as a result of this Agreement or project task order. B. Waiver. Artist hereby waives 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 or project task order, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees C. Insurance to be obtained by Artist. Upon execution of a project task order, Artist shall obtain and shall maintain, at Artist's own expense, through completion of the task order, each and all of the following: 1. General liability insurance. General liability insurance with a limit of not less than one million dollars ($1,000,000.00) per each occurrence, combined single limit bodily injury and property damage, covering the actions and omissions of Artist and Artist's employees, agents, and/or workers, including coverage for owned, non-owned, and hired vehicles, as applicable. 2. Workers' compensation insurance. Artist shall obtain and shall maintain, at Artist's own expense, from the Effective Date of this Agreement through City's Final Acceptance of the Artwork, and throughout the course of this Agreement, workers' compensation insurance, in an amount required by Idaho law, to cover any and all persons employed by Artist. 3. Insurance of Artwork. Before commencing fabrication of Artwork and/or components or materials thereof, Artist shall procure and maintain, at Artist's own expense, insurance on same in an all-risk form with limits to be established by the project task order, with any loss payable to City. Artist agrees to bear all risks of loss of and/or damage to the Artwork until City's Final Acceptance of Artwork. D. Proof of insurance. Artist shall provide to City, within seven (7) days of the effective date of a project task order, written proof that Artist has obtained all insurance required hereunder. If any change is made to any insurance policy or coverage required under and/or obtained pursuant to this Agreement, Artist shall notify City immediately. MEMORANDUM OF AGREEMENT BETWEEN CITY AND MERIDIAN LIBRARY DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 14 page 120 Item#7. E. Insurance to be obtained by Artist's subcontractors. Artist shall require any and all subcontractors employed or utilized in the course and scope of the obligations described in this Agreement to obtain and maintain general liability insurance and workers' compensation insurance in the amounts described herein. Artist shall provide to City, within twenty-four(24) hours of hiring or engaging any subcontractor, written proof that her subcontractors have obtained all insurance required hereunder. F. No cancellation without notice. On all insurance policies required under this agreement, such policies shall provide that they may not be cancelled or reduced in coverage except upon thirty (30) days advance written notice to all Parties. Any cancellation of insurance without appropriate replacement in the amounts and terms set forth herein may constitute grounds for termination of the contract. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or condition of this Agreement or project task order, violated any of the covenants, agreements, and/or stipulations of this Agreement or project task order, falsified any record or document required to be prepared under this Agreement or project task order, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement or project task order; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement or project task order; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have thirty(30) days after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement and the project task order shall be terminated upon mailing of written notice of same by the terminating party. 1. Default by City. In the event of termination for non-performance or default by City after City's issuance of notice to proceed on a project task order, City shall compensate Artist for work actually completed by Artist prior to the date of written notice of termination and any additional services and materials actually performed or supplied prior to the date of written notice of termination, less payments of compensation previously made, not to exceed the total amount of compensation allowed hereunder. 2. Default by Artist. In the event of termination for non-performance or default by Artist after City's issuance of notice to proceed on a project task order, all finished and unfinished drawings, photographs, plans, timelines, and/or any and all other work products prepared and submitted or prepared for submission under this Agreement or project task order, and all rights, title, and interest thereto, including those described in section V.A. of this Agreement, shall, at City's option, become City's property, and the right to fabricate and/or install the artwork or other products shall pass to City. Notwithstanding this provision, Artist shall not be relieved of any liability for damages sustained by City attributable to Artist's default or breach of this Agreement or project task order. City may reasonably withhold payments due until such time as the exact amount of damages due to City from Artist is determined. Artist shall not be relieved of liability to City for damages sustained by City by virtue of any breach or default of this MEMORANDUM OF AGREEMENT BETWEEN CITY AND MERIDIAN LIBRARY DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 15 page 121 Item#7. Agreement or project task order by Artist. This provision shall survive the termination of this Agreement or project task order and shall not relieve Artist of liability to City for damages. B. Termination without cause. City may terminate this Agreement or project task order for any reason, at any time, by providing fourteen (14) days' notice to Artist. C. Non-waiver of breach. 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. Permitting and inspection. In the provision of all services pursuant to this Agreement or any related project task order, Artist shall obtain any and all necessary permits or approvals from the various departments of the City of Meridian and other government agencies. B. Relationship of Parties. It is the express intention of Parties that Artist is an independent contractor and neither Artist nor any officer, employee, subcontractor, assignee, or agent of Artist shall be deemed an employee, agent,joint venturer, or partner of City in any manner or for any purpose. 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. Specifically, without limitation, Artist understands, acknowledges, and agrees: 1. Artist is free from actual and potential control by City in the provision of services under this Agreement. 2. Artist is engaged in an independently established trade, occupation, profession, or business. 3. Artist has the authority to hire subordinates. 4. Artist owns and/or will provide all major items of equipment necessary to perform services under this Agreement. C. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. D. Non-Discrimination. Throughout the course of 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 handicap. E. Audits and Inspections: At any time during normal business hours and as often as City may deem necessary, there shall be made available to City for examination all of Artist's records with respect to all matters covered by this Agreement. Artist shall permit City to audit, examine, and copy, and to make audits of all records and data relating to all matters covered by this Agreement. F. Entire Agreement. This Agreement constitutes the entire understanding between the MEMORANDUM OF AGREEMENT BETWEEN CITY AND MERIDIAN LIBRARY DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 16 page 122 Item#7. Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, 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. G. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. H. 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. 1. 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. J. Interpretation.Words of gender used in this Agreement shall be held and construed to include any other gender, and words in the singular shall be held to include the plural and vice versa unless the context otherwise requires. The Agreement and the captions of the various sections of this Agreement are for convenience and ease of reference only, and do not define, limit, augment or describe the scope, context or intent of this Agreement or any part or parts of this Agreement. K. 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. L. Successors and Assigns. 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. M. Notice. Any and all notice required to be provided by either of 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: BUSINESS NAME City Clerk ARTIST NAME City of Meridian ADDRESS 33 E. Broadway Ave. ADDRESS Meridian ID 83642 Either party may change its address for the purpose of this provision by giving written notice of such change in the manner herein provided. N. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. MEMORANDUM OF AGREEMENT BETWEEN CITY AND MERIDIAN LIBRARY DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 17 page 123 Item#7. O. 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 first written above. ARTIST: ARTIST NAME, TITLE BUSINESS NAME CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor Chris Johnson, City Clerk MEMORANDUM OF AGREEMENT BETWEEN CITY AND MERIDIAN LIBRARY DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 18 page 124 Item#7. EXHIBIT D TASK ORDER WITH ARTIST FOR MURAL DESIGN TASK ORDER FOR MURAL DESIGN This TASK ORDER FOR MURAL DESIGN ("Task Order") is made this day of , 2022 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and NAME, on behalf of BUSINESS NAME, a TYPE OF BUSINESS organized under the laws of the state of Idaho ("Artist"). WHEREAS,Artist and City have entered into a Master Agreement for Professional Services: Mural Design, Installation, and Maintenance ("Master Agreement"), which establishes terms and conditions under which City may invite Artist to provide services including consultations, design, installation, maintenance, and repair of murals, pursuant to separate project task order(s) setting forth specific conditions, compensation amount, and scope of work; and WHEREAS, City and PROPERTY OWNER NAME ("Owner") have entered into a Public Art Easement Agreement,by which Agreement Owner agreed to allow City to engage an Artist for the purpose of designing a public art mural for potential installation at ADDRESS, in Meridian, Ada County parcel no. NUMBER ("Property"); specifically, on the DIRECTION-facing exterior wall of the building located at Property; 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 design a large-scale, painted mural installation for potential installation on the DIRECTION-facing exterior wall of the building at the Property ("Mural"), located at Property. Throughout the design process, Artist shall seek input from City and Owner (collectively, "Stakeholders"), and shall finalize the design only with consensus from all Stakeholders. At the conclusion of the design process, Artist shall deliver to City a to-scale rendering of the Mural design, including a depiction of all architectural features and fixtures to be accommodated (e.g., windows, doors, signs, projections, etc.). Artist shall also be responsible for obtaining written approval of the final design from the designated representative of each Stakeholder. II. COMPENSATION. A. Total amount. The total payment to Artist for services rendered under this Task Order shall be AMOUNT IN WORDS ($AMOUNT IN NUMBER). This amount shall constitute full compensation for any and all services, travel, transportation, materials, fabrication, shipping, equipment, contingency, commission, artist fee, and costs of work to be performed or furnished by Artist under this Task Order. B. Method of payment. Artist shall provide to City invoices for services and deliverables provided pursuant to the payment schedule set forth herein, which City shall pay within MEMORANDUM OF AGREEMENT BETWEEN CITY AND MERIDIAN LIBRARY DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 19 page 125 Item#7. thirty (30) days of receipt. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Artist under the terms and conditions of this Task Order. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Artist. C. Payment schedule. Artist shall be paid pursuant to the following benchmarks: 1. Initial design: $AMOUNT shall be due to Artist for upon Artist's delivery to Stakeholders an initial design of the Mural. 2. Final Design: $AMOUNT shall be due to Artist for delivery of a Final Design, as defined herein and as approved in writing by City. III.TIME OF PERFORMANCE. A. Timeline. In the provision of services and deliverables under this Task Order, Artist shall meet the following deadlines: 1. By 5:00 p.m. on DATE: Artist shall deliver three initial designs of the Mural to City. Stakeholders are tentatively scheduled to review the initial designs and provide feedback on March 16, 2022 at 5:00pm. 2. By 5:00 p.m. on DATE: Artist shall deliver to City a provisionally final design which shall include a detailed, to-scale rendering of the Mural design, including a depiction of all architectural features and fixtures to be accommodated (e.g., windows, doors, signs, projections, etc.). Stakeholders are tentatively scheduled to review the final design and give final feedback on May 18, 2022 at 5:00pm. 3. By 5:00 p.m. on DATE: Artist shall deliver to City the final design, which shall include: a) a detailed, to-scale rendering of the Mural design incorporating the feedback from Stakeholders and including a depiction of all architectural features and fixtures to be accommodated (e.g., windows, doors, signs, projections, etc.) and b) written approval of the design from the Owner. B. Time of the essence. The Parties acknowledge that services provided under this Task Order shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Task Order, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Task Order by the party so failing to perform. IV.GENERAL PROVISIONS. A. Master Agreement applies. All provisions of the Master Agreement are incorporated by reference and made a part of hereof as if set forth in their entirety herein. B. Stakeholders' designated representatives. Stakeholders have vested in the following representatives the authority to provide to Artist input and approval regarding proposed MEMORANDUM OF AGREEMENT BETWEEN CITY AND MERIDIAN LIBRARY DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 20 page 126 Item#7. mural designs. Any Stakeholder may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to Artist and to City. 1. Owner: OWNER NAME, OWNER TITLE OWNER BUSINESS OWNER E-MAIL 2. City: Cassandra Schiffler, Arts and Culture Coordinator City of Meridian cschiffler@meridiancity.org C. Limited edition. Artist does, and shall, warrant and represent that the designs provided pursuant to this Task Order have never heretofore been designed, fabricated, installed, created, published, or copied and that Artist is the sole creator and owner of all rights in such designs. D. Installation not included. Artist acknowledges and agrees that this Task Order imparts no commitment by City to contract with Artist for installation of the Mural depicted in concept designs provided pursuant to this Task Order. Further, this Task Order vests no right in Artist to install the Mural depicted in designs provided pursuant to this Task Order. E. City Council approval required. The validity of this Task Order shall be expressly conditioned upon City Council action approving same. Execution of this Task Order 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 Task Order on the Effective Date first written above. ARTIST: ARTIST NAME, TITLE BUSINESS NAME CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor Chris Johnson, City Clerk MEMORANDUM OF AGREEMENT BETWEEN CITY AND MERIDIAN LIBRARY DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 21 page 127 Item#7. EXHIBIT E TASK ORDER WITH ARTIST FOR MURAL INSTALLATION TASK ORDER FOR MURAL INSTALLATION This TASK ORDER FOR MURAL INSTALLATION ("Task Order") is made this day of , 2022 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and NAME, on behalf of BUSINESS NAME, a TYPE OF BUSINESS organized under the laws of the state of Idaho ("Artist"). WHEREAS, on DATE, Artist and City entered into a Master Agreement for Professional Services: Mural Design, Installation, and Maintenance ("Master Agreement"), which establishes terms and conditions under which City may invite Artist to provide services including consultations, design, installation, maintenance, and repair of murals, pursuant to separate project task order(s) setting forth specific conditions, compensation amount, and scope of work; and WHEREAS, on DATE, City and PROPERTY OWNER NAME ("Owner") entered into a Public Art Easement Agreement, by which Agreement Owner agreed to allow City to engage an Artist for the purpose of designing a public art mural for potential installation at ADDRESS, in Meridian, Ada County parcel no. NUMBER ("Property"); specifically, on the DIRECTION-facing exterior wall of the building located at Property; WHEREAS,Artist has created a mural design that will establish a sense of place and local identity in downtown Meridian, and beautify public spaces, and Owner wishes to invite Artist to install the mural, as designed, on the DIRECTION-facing exterior wall of the building located at Property, pursuant to the Public Art Easement Agreement entered into by Owners and City on DATE; 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 install, on the DIRECTION-facing exterior wall of the building located at Property, a large-scale, painted mural installation as depicted in Exhibit A hereto ("Mural"). Artwork design, fabrication, and installation, and Site Restoration shall comply in all respects with the RFP, with this agreement, with any applicable established industry standards, engineering standards, and with all established policies and ordinances of the City of Meridian. II. COMPENSATION. A. Total amount. The total payment to Artist for services rendered under this Agreement shall be AMOUNT IN WORDS ($AMOUNT IN NUMBER). This amount shall constitute full compensation for any and all services, travel, transportation, materials, fabrication, shipping, equipment, contingency, commission, artist fee, and costs of work to be performed or furnished by Artist under this Task Order. MEMORANDUM OF AGREEMENT BETWEEN CITY AND MERIDIAN LIBRARY DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 22 page 128 Item#7. B. Method of payment. Artist shall provide to City invoices for services and deliverables provided pursuant to the payment schedule set forth herein, which City shall pay within thirty(30) days of receipt. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Artist under the terms and conditions of this Task Order. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Artist. C. Payment schedule. Artist shall be paid pursuant to the following benchmarks: 1. Timeline: $AMOUNT shall be due to Artist within thirty (30) days of Artist's delivery of a detailed timeline for installation of the Mural, describing the estimated date of completion of each phase of the installation process. 2. Final Completion: $AMOUNT shall be due to Artist within thirty(30) days of upon Final Completion, which shall be defined as: a. Complete installation of the completed Mural, as confirmed by City and Owner; b. Final inspection and written approval of the installation of the Mural by City and Owner; c. Artist's submission to City of a recommended maintenance plan for the Mural; and d. Execution of a mutually agreed-upon acceptance agreement, to be prepared by the City Attorney's Office, to include affirmation of Artist's indemnification of City and express waiver of Artist's right, title, or interest in the Mural. III.TIME OF PERFORMANCE. A. Timeline. In the provision of services and deliverables under this Task Order, Artist shall meet the following deadlines: 1. By 5:00 p.m.by JIM: Artist shall deliver to City a detailed timeline for installation of the Mural. 2. By 5:00 p.m.by DATE: Artist shall deliver to City: b. Completely installed Mural, as defined herein and as approved in writing by City and Owner; c. Written recommended maintenance plan for the Mural; and d. Signed acceptance agreement. B. Time of the essence. The Parties acknowledge that services provided under this Task Order shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Task Order, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Task Order by the party so failing to perform. IV.GENERAL PROVISIONS. A. Master Agreement applies. All provisions of the Master Agreement are incorporated by reference and made a part of hereof as if set forth in their entirety herein. MEMORANDUM OF AGREEMENT BETWEEN CITY AND MERIDIAN LIBRARY DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 23 page 129 Item#7. B. Owner's and City's designated representatives. Stakeholders have vested in the following representatives the authority to provide to Artist input and approval under this Agreement. Any Stakeholder may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to Artist and to City. 1. Owner: OWNER NAME, OWNER TITLE OWNER BUSINESS OWNER E-MAIL 2. City: Cassandra Schiffler, Arts and Culture Coordinator City of Meridian cschiffler@meridiancity.org C. City Council approval required. The validity of this Task Order shall be expressly conditioned upon City Council action approving same. Execution of this Task Order 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 Task Order on the Effective Date first written above. ARTIST: ARTIST NAME, TITLE BUSINESS NAME CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor Chris Johnson, City Clerk MEMORANDUM OF AGREEMENT BETWEEN CITY AND MERIDIAN LIBRARY DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 24 page 130 Item#7. EXHIBIT F MURAL ACCEPTANCE AGREEMENT ACCEPTANCE AGREEMENT: NAME OF MURAL,ADDRESS This ACCEPTANCE AGREEMENT: NAME OF MURAL, ADDRESS is made this day of , 2022 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and ARTIST, on behalf of COMPANY, a COMPANY TYPE organized under the laws of the state of Idaho ("Artist"). WHEREAS, on DATE, Artist and City entered into a Master Agreement for Professional Services: Mural Design, Installation, and Maintenance ("Master Agreement"), which establishes terms and conditions under which City may invite Artist to provide services including consultations, design, installation, maintenance, and repair of murals, pursuant to separate project task order(s) setting forth specific conditions, compensation amount, and scope of work; and WHEREAS, on DATE, City and NAME ("Owner") entered into a Memorandum of Agreement for Design and Installation of Mural, by which Agreement NAME agreed to enter into a partnership with City to design and install a public art mural on the DIRECTION-facing side of the building at ADDRESS, in Meridian, Ada County parcel no. NUMBER ("Property"); and WHEREAS, on DATE, City and Artist entered into a Task Order for Mural Design, and, on DATE, a Task Order for Mural Installation ("DATE Task Order"), by which agreements City engaged Artist to 1) work with Owner to design a mural for the DIRECTION-facing side of the building at Property, and 2) install such mural on Property, under City's access thereto under the Public Art Easement Agreement entered into by City and Owners on DATE; and WHEREAS, Owner and City have worked with Artist to design and install a mural entitled NAME OF MURAL on the DIRECTION face of the building at Property ("Artwork") that exemplifies DESCRIPTION, establishes a sense of place and local identity in PART OF Meridian, and beautifies public spaces; 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.INDEMNIFICATION. Artist hereby indemnifies and saves and holds harmless City and its respective employees, elected officials, agents, guests, and/or business invitees, from any and all liabilities, losses, claims, actions, and/or judgments for damages, expenses, and/or injury to any person or property caused or incurred by or as the result of the performance of or failure to perform any work or service under or related to the DATE Agreement. Artist specifically hereby indemnifies and saves and holds harmless City and its respective employees, elected officials, agents, guests, and/or business invitees, from any and all liabilities, MEMORANDUM OF AGREEMENT BETWEEN CITY AND MERIDIAN LIBRARY DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 25 page 131 Item#7. losses,claims,actions,judgments for damages,expenses,or injury to any person or to property arising as a result of: A. Artist's failure, or the failure of any agent, employee, or subcontractor of Artist to exercise reasonable care, skill or diligence in the performance of any work or service under or related to the DATE Task Order; B. Any breach of any representation, warranty or covenant made by Artist, or by any of Artist's agent(s), employee(s), or subcontractor(s); C. Artist's infringement of or upon any intellectual property rights, whether intentional or unintentional, known or unknown, including any copyright or patent arising out of the reproduction or use in any manner of any plans, designs, drawings, specifications, information, material, sketches, notes or documents created by Artist in the performance of any work or service under the DATE Task Order; and/or D. The malfunction or failure of the Artwork, or any portion or component thereof, created and installed under the DATE Task Order. II.WAIVER. Artist hereby waives and releases, on behalf of Artist and Artist's employees, agents, heirs, executors, administrators, assigns, and/or personal representatives, any and all claims and/or rights for damages Artist now has or may hereafter have against the City of Meridian and/or its employees, elected officials, agents, guests, and/or business invitees, suffered in connection with or arising out of the performance of any work or service under or related to the DATE Task Order. Except as otherwise expressly delineated in the DATE Task Order, Artist hereby waives any and all right, title, or interest in the Artwork and/or all items created under, assembled pursuant to, and/or otherwise related to the DATE Task Order and any and all addenda thereto. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date first written above. ARTIST: ARTIST NAME COMPANY NAME CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor Chris Johnson, City Clerk MEMORANDUM OF AGREEMENT BETWEEN CITY AND MERIDIAN LIBRARY DISTRICT FOR DESIGN AND INSTALLATION OF MURAL PAGE 26 page 132 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: License Agreement Between the City of Meridian and Concept Investments, LLP for Landscape Improvements and Maintenance Page 133 ADA COUNTY RECORDER Phil McGrane 2022-021567 BOISE IDAHO Pgs=4 ANGIE STEELE 03/02/2022 09:22 AM CITY OF MERIDIAN, IDAHO NO FEE LICENSE AGREEMENT FOR LANDSCAPE IMPROVEMENTS AND MAINTENANCE This LICENSE AGREEMENT FOR LANDSCAPE MAINTENANCE("Agreement") is made effective this 2d_day of December,2021 ("Effective Date"),by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho("Licensee") whose address is 33 E. Broadway, Meridian, Idaho 83642, and Concept Investments,LLP, a limited liability partnership organized under the laws of the State of Idaho("Licensor")whose mailing address is P.O. Box 6404, Boise, Idaho 83707-6404. Licensee and Licensor may be collectively referred to as"Parties." WHEREAS, Licensor owns Ada County parcel nos. R 103 9000247 and R1039000260 (the "Subject Parcels"or"Licensed Premises"), located at 12 E. Ada and 20 E. Ada Street in Meridian, Idaho,which are strips of land that abut Northbound and Southbound Meridian road,part of the "split connector"roadway project; WHEREAS, the Subject Parcels are adjacent to properties owned by the Ada County Highway District and the Nampa Meridian Irrigation district, said parcels having been landscaped with a mix of turf, shrubs, natural grasses, and trees; WHEREAS,the Subject Parcels are not currently landscaped and Licensor has no immediate plans to develop the Subject Parcels; WHEREAS, Licensee desires to install landscaping and maintain the Subject Parcels on behalf of the citizens of Meridian to provide a visually pleasing open space until such time as Licensee desires to develop the Subject Parcels; WHEREAS, it is mutually beneficial for both Parties for Licensee to assume responsibility for landscaping and maintaining the Subject Parcels; NOW,THEREFORE,for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Grant of license. Licensor hereby grants to Licensee, as grantee, a non-exclusive license on, over, across,under, and through the Licensed Premises, for the limited purposes of installation and maintenance of landscaping, to including turf, shrubs,natural grasses,and trees at Licensee's discretion for use as landscaped open space. 2. Term and termination.This Agreement shall be in effect for an Initial Term beginning on the Effective Date ending on September 30,2031. After the Initial Term, this agreement will automatically renew for successive one-year extension terms,unless terminated by either party upon 90-day notice prior to the end of the current extension term. Licensor may terminate this agreement at any time upon receiving conditional development approval for a site development application LICENSE AGREEMENT PAGE 1 OF 3 Page 134 from the City of Meridian for the Subject Parcel(s). Licensor shall provide Licensee at least ninety (90) days' written notice of Licensor's intent to develop the property. Licensee's obligation to maintain the Licensed Premises is subject to annual budget appropriations by the City of Meridian. 3. Maintenance. Licensee shall maintain the landscaping on the Licensed Premises in good condition and repair, and as may be needed to satisfy applicable laws, policies, and reasonable discretion of Licensor, and sound landscape maintenance practices. 4. Damage or destruction.In the event that the landscaping on the Licensed Premises is damaged or destroyed, in whole or in part,Licensee may restore or replace the landscaping, subject to availability of sufficient funds. 5. Water. Licensee shall pay for the provision of and continued use of water to the Licensed Premises, if any. 6. Insurance to be obtained by Licensee. Licensee shall obtain all necessary property and other insurance as may be required in order to protect its insurable interests for its rights and obligations described within this Agreement. Insurance of Licensor's insurable interests shall be the sole responsibility of Licensor. 7. Binding on Successors. This Agreement shall be binding on the successors, administrators, executors and assigns of all parties hereto, and shall run with the land. 8. Hold harmless. Licensee agrees to hold the Licensor, its successors, assigns, and agents harmless from any and all claims, liability, losses, costs, charges,or expense that arise from Licensee's use or use by its employees, licensees, agents, invitees, or representatives, of the Licensed Premises pursuant to the license granted hereby. 9. Remedies. In the event of a breach hereunder by either party,the non-breaching party shall have all remedies available at law or in equity, including the availability of injunctive relief. In any suit, action or appeal therefrom to enforce or interpret this Agreement, the prevailing party shall be entitled to recover its costs incurred therein,including reasonable attorneys' fees. 10. Assignment. Neither party shall sell,transfer, or assign its interest in this Agreement without first providing written notice to the other party. 11. Obstructions. Neither Licensor nor Licensee shall install or permit any fence, sign, or other barrier within or across the Licensed Premises. However, the foregoing shall not prohibit the installation of temporary barricades reasonably necessary for security and/or safety purposes in connection with repair or maintenance of the Licensed Premises, so long as such work is conducted in the most expeditious manner reasonably possible. 12. Notices. All notices, demands and requests required or desired to be given under this Agreement must be in writing and shall be deemed to have been given as of the date such writing is mailed, via U.S. Mail, prepaid and addressed to the respective Party's current registered agent as enumerated in the records of the Idaho Secretary of State. LICENSE AGREEMENT PAGE 2 OF 3 P r 13. 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. 14. 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. 15. 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. 16. Warranty of authority. The person executing this Agreement on behalf of Licensor represents and warrants due authorization to do so on behalf of Licensor, and that upon execution on behalf of Licensor, the same is binding upon, and shall inure to the benefit of, Licensor. IN WITNESS WHEREOF,the undersigned have caused this Agreement to be executed the day and year first written above. END OF TEXT. SIGNATURES ON NEXT PAGE. LICENSE AGREEMENT PAGE 3 OF 3 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Parks and Recreation Department: Fiscal Year 2022 Budget Amendment in the Amount of$45,000.00 for Meridian Road Island Beautification Page 138 Mayor Robert E. Simison E City Council Members: IDIAN*4-�- Treg Bernt Brad Hoaglun Joe Borton Jessica Penrreault D A H 0 Luke Cavener Liz Strader MEMORANDUM TO: Mayor Simison and City Council FROM: Mike Barton,Parks Superintendent DATE: February 7, 2022 RE: Meridian Road Island Beautification Background At the 10-19-21 Council meeting we presented an idea to beautify the two remnant parcels north of west ADA Street. We discussed the unsightly appearance of these parcels, cost and the possibility of completing this project outside the normal budget process. We received direction from Council to move this project forward by executing a license agreement between the city and the owner that allows us to make these improvements and to bring back a budget amendment in the amount of 45,000 so these improvements can be made in the spring of 2022. Our legal department prepared a license agreement and the agreement was sent to the owner for signature. We received a signed copy back on 1-14-22. Action We are requesting approval of a budget amendment of 45,000 for construction,maintenance and approval of a license agreement between the City and Concept Investments,LLP. Page 139 C O a�q V a3 N � N 'a 0 N N n d m m v c zz N O 2 00o ❑ C) N N O m N d d `� o N Ln > > N N 2 o IE ae U. Q C SIP m m O O u G m m m E b o y +n v 4 c N ¢ mo am a` E o m o N m p C A W W = ,' w � � . N ++ c a E E N a) O LLJ v L a! w z z 16 Y Z O E a � � C O m w w a N CC m I ❑ LL_ { c art CG U ° 40 CL w d o L E R y N W ~ V E W 0 Q Q d d N c70 ay ? C G C vai asin � w � in � in4/� +nwanhH v " C a E U N o '� O iE Q ~ p m m C CL ar L > > O N C p Q V1 N O y � g N N d, ram0 0 O N V1 V` in N Yf 1n Vf NLL iA r N N } y W H L A C C �o o m � A ILC C e a' c 01 p C W r j !VXr 5 W S C C d E O m V L �� OM ` Y O O O F L e m n A r° 4 a0 a G a # E m 4- ,i Gi 16 U c a�`i v ai G d o " O U S a ,� o ° c o p ~ J E O J ~ J J no C7 F C C 1 ,� O E U' =O i C7 Sao ❑ LL a 3 W c> v, ax x u x 0 0 0 0 0 0 0 0 0 o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a` a` 0. a L w tt pp w o Q .r N m �n Yt +O A is VQw E N J Q J J p N r4 N fn 0 0 0 0 f� Q ` � a � o � � V po00 ft o C m 0 p� m m m rn m m m m 0. ., �i �i �i m �, rn �+ rn c, rn n �i �i Si rn Q �i • s Si Si N g U 0 u�i vCL Ni vNi uNi uNi Q u`Vi v�i uNi uNi uNi vNi vNi v�i vNi vNi v�i i m Ln 0 Ln Ln 0 o 0 w u`i � 5 to oz N — att Q w n L LL O o 0 0 0 0 0 o d LL o 0 0 0 0 0 o a o 0 0 o C a LL O o 0 0 0 0 ., LL 0 00 O 0, O V a Page 140 2�j 1127/2022 8'05AM City of Meridian FY2022 Budget Amendment Form Prior Year(S) Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: Parks and Recreation Funding 2022 2023 2024 2025 2026 Title: Meridian Road Island Beautification Personnel $ $ $ - $ - $ ins trucGo uw for Subu+ttuue,Budget A—Idureuts Operating $ 45,000 5 3,200 $ 3,200 $ 3,200 $ 3,200 )Department wiY setm Anlendlnem with Ditect(gs tlsnature to FtnaMa{Budget Analyst)for reweve Capital $ - )Flrw ee will seam Arnenoment to CowlCit L18LW for sjynature Total $ $ 45,000 $ 3,200 $ 3,200 $ 3,200 $ 3,200 ) cnuncu ua400 rwe WWI%giro Amendment to mavor Total Estimated Project Cost: $ 57,800 )Mayor WIN ssrm signed Ame>,nrrrnt to F"noe teudpet Ana"tl Evaluation Questions ) Finance EBucyet 4naly1ey wilt send approved copy of Amendment to Ekpanment Please answer all Evaluation Questions using the financial data referenced above. . Department wyll add copy CO ARrermrnem to Council AW*a US,%NOYus A"nda knnew 1. Describe what is being requested? 1 We were asked about one year ago to look into the feasibility of purchasing and/or obtaining a license agreement for the purpose of landscaping 12 and 20 E Ada St similar to what's been done on the two parcels just north and south of these along Main St and Meridian Rd.We reached out to the owner to begin the process about one year ago. Beautifying these parcels was discussed with council on On 10-19-21.Council was in favor of us working with the property owner to obtain a license agreement that would allow the city to landscape and maintain these parcels. We just recently received a signed license agreement from the owner. 2. Why was this budget request not submitted during the current fiscal year budget cyclet We did not have a signed license agreement from the owner until after the current year budget cycle. i i 3. What is the explanation for not submitting this budget request during the next fiscal Year budget cycle? Waiting to fund this project until ry23 would delay the beautification until the spring of 2023 therefore at the direction of council we are bringing forward a budget amendment for consideration. 4.Describe the proposed method of funding? If funding is split between Funds(i.e..General,Enterprise,Grant),please include the percentage split, List the amounts and sources of anticipated additional revenue that will result from approval of this request, General fund. i -5.Does this request align with the Department/City's strategic plan? If not,please explain how this request was not included in the Department/City strategic plan? 6. Does tPiis request require resources to be provided by other departments? If yes,please describe the necessary resources to be provided by other departments. F Potable water. 7.Does this Amendment include any needed Equipment or Software that will utilize the C 's network? Yes or No N 8-Is the amendment going to result in the disposal of an asset?{Yes or No) H " 9,Any additional comments? Total Amendment Request $ 45,000 ry effort should be made to avoid reopening the budget for an amendment. Departments will need to provide backup and appear before the City Council to justify budget amendments. v Budget amendments are intended for emergency or mandatory changes to the original balanced budget. Changes to the original balanced budget may cause a funding shortfall. cc CD a City of Meridian FY2022 Budget Amendment Form C,kUserslmbartonl)ocuments1FY2022-Budget-Amendment Meridian Rd Island Beautification Item#s. Mayor Robert E. Simison E ID! AN City Council Members: Treg Bernt Brad Hoaglun Joe Borton Jessica Perreault A H C Luke Cavener Liz Strader MEMORANDUM TO: Mayor Simison and City Council FROM: Mike Barton, Parks Superintendent DATE: February 7, 2022 RE: Meridian Road Island Beautification Background At the 10-19-21 Council meeting we presented an idea to beautify the two remnant parcels north of west ADA Street. We discussed the unsightly appearance of these parcels, cost and the possibility of completing this project outside the normal budget process. We received direction from Council to move this project forward by executing a license agreement between the city and the owner that allows us to make these improvements and to bring back a budget amendment in the amount of 45,000 so these improvements can be made in the spring of 2022. Our legal department prepared a license agreement and the agreement was sent to the owner for signature. We received a signed copy back on 1-14-22. Action We are requesting approval of a budget amendment of 45,000 for construction, maintenance and approval of a license agreement between the City and Concept Investments, LLP. Page 142 LICENSE AGREEMENT FOR LANDSCAPE IMPROVEMENTS AND MAINTENANCE This LICENSE AGREEMENT FOR LANDSCAPE MAINTENANCE("Agreement")is made effective this�—day of December,2021 ("Effective Date"), by and between the City of Meridian,a municipal corporation organized under the laws of the State of Idaho("Licensee") whose address is 33 E. Broadway, Meridian,Idaho 83642, and Concept Investments,LLP, a limited liability partnership organized under the laws of the State of Idaho("Licensor)whose mailing address is P.O. Box 6404, Boise, Idaho 83707-6404.Licensee and Licensor may be collectively referred to as"Parties." WHEREAS, Licensor owns Ada County parcel nos. R1039000247 and R1039000260(the "Subject Parcels"or"Licensed Premises"), located at 12 E. Ada and 20 E.Ada Street in Meridian, Idaho,which are strips of land that abut Northbound and Southbound Meridian road,part of the "split connector"roadway project; WHEREAS,the Subject Parcels are adjacent to properties owned by the Ada County Highway District and the Nampa Meridian Irrigation district, said parcels having been landscaped with a mix of turf, shrubs,natural grasses,and trees; WHEREAS,the Subject Parcels are not currently landscaped and Licensor has no immediate plans to develop the Subject Parcels; WHEREAS, Licensee desires to install landscaping and maintain the Subject Parcels on behalf of the citizens of Meridian to provide a visually pleasing open space until such time as Licensee desires to develop the Subject Parcels; WHEREAS, it is mutually beneficial for both Parties for Licensee to assume responsibility for landscaping and maintaining the Subject Parcels; NOW,THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,the parties hereby agree as follows: 1. Grant of license. Licensor hereby grants to Licensee,as grantee, a non-exclusive license on, over,across,under,and through the Licensed Premises, for the limited purposes of installation and maintenance of landscaping,to including turf,shrubs, natural grasses,and trees at Licensee's discretion for use as landscaped open space. 2. Term and termination.This Agreement shall be in effect for an Initial Term beginning on the Effective Date ending on September 30,2031. After the Initial Term, this agreement will automatically renew for successive one-year extension terms,unless terminated by either party upon 90-day notice prior to the end of the current extension term. Licensor may terminate this agreement at any time upon receiving conditional development approval for a site development application LICENSE AGREEMENT PAGE 1 OF 3 Page 143 Item#9. from the City of Meridian for the Subject Parcel(s). Licensor shall provide Licensee at least ninety (90)days' written notice of Licensoe's intent to develop the property. Licensee's obligation to maintain the Licensed Premises is subject to annual budget appropriations by the City of Meridian. 3. Maintenance.Licensee shall maintain the landscaping on the Licensed Premises in good condition and repair, and as may be needed to satisfy applicable laws,policies,and reasonable discretion of Licensor,and sound landscape maintenance practices. 4. Damage or destruction.In the event that the landscaping on the Licensed Premises is damaged or destroyed, in whole or in part,Licensee may restore or replace the landscaping,subject to availability of sufficient funds. 5. Water.Licensee shall pay for the provision of and continued use of water to the Licensed Premises, if any. 6. Insurance to be obtained by Licensee. Licensee shall obtain all necessary property and other insurance as may be required in order to protect its insurable interests for its rights and obligations described within this Agreement. Insurance of Licensor's insurable interests shall be the sole responsibility of Licensor. 7. Binding on Successors. This Agreement shall be binding on the successors,administrators, executors and assigns of all parties hereto, and shall run with the land. 8. Hold harmless. Licensee agrees to hold the Licensor, its successors, assigns,and agents harmless from any and all claims, liability, losses, costs,charges,or expense that arise from Licensee's use or use by its employees, licensees,agents,invitees, or representatives,of the Licensed Premises pursuant to the license granted hereby. 9. Remedies. In the event of a breach hereunder by either party,the non-breaching party shall have all remedies available at law or in equity, including the availability of injunctive relief. In any suit, action or appeal therefrom to enforce or interpret this Agreement, the prevailing party shall be entitled to recover its costs incurred therein,including reasonable attorneys' fees. 10. Assignment. Neither party shall sell, transfer, or assign its interest in this Agreement without first providing written notice to the other party. 11. Obstructions. Neither Licensor nor Licensee shall install or permit any fence,sign, or other barrier within or across the Licensed Premises. However,the foregoing shall not prohibit the installation of temporary barricades reasonably necessary for security and/or safety purposes in connection with repair or maintenance of the Licensed Premises, so long as such work is conducted in the most expeditious manner reasonably possible. 12. Notices. All notices, demands and requests required or desired to be given under this Agreement must be in writing and shall be deemed to have been given as of the date such writing is mailed, via U.S. Mail, prepaid and addressed to the respective Parry's current registered agent as enumerated in the records of the Idaho Secretary of State. LICENSE AGREEMENT PAGE 2 OF 3 Page 144 Item#9. 13. 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. 14. 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. 15. 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. 16. Warranty of authority. The person executing this Agreement on behalf of Licensor represents and warrants due authorization to do so on behalf of Licensor,and that upon execution on behalf of Licensor,the same is binding upon,and shall inure to the benefit of,Licensor. IN WITNESS WHEREOF,the undersigned have caused this Agreement to be executed the day and year first written above. END OF TEXT. SIGNATURES ON NEXT PAGE. LICENSE AGREEMENT PAGE 3 OF 3 Page 145 if Item#9. LICENSE AGREEMENT FOR LANDSCAPE IMPROVEMENTS AND MAINTENANCE This LICENSE AGREEMENT FOR LANDSCAPE MAINTENANCE("Agreement") is made effective this day of December,2021 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("Licensee") whose address is 33 E. Broadway, Meridian, Idaho 83642, and Concept Investments,LLP, a limited liability partnership organized under the laws of the State of Idaho ("Licensor")whose mailing address is P.O. Box 6404, Boise, Idaho 83707-6404. Licensee and Licensor may be collectively referred to as"Parties." WHEREAS, Licensor owns Ada County parcel nos. R1039000247 and R1039000260 (the "Subject Parcels" or"Licensed Premises"), located at 12 E. Ada and 20 E. Ada Street in Meridian, Idaho,which are strips of land that abut Northbound and Southbound Meridian road,part of the "split connector"roadway project; WHEREAS, the Subject Parcels are adjacent to properties owned by the Ada County Highway District and the Nampa Meridian Irrigation district, said parcels having been landscaped with a mix of turf, shrubs, natural grasses, and trees; WHEREAS,the Subject Parcels are not currently landscaped and Licensor has no immediate plans to develop the Subject Parcels; WHEREAS, Licensee desires to install landscaping and maintain the Subject Parcels on behalf of the citizens of Meridian to provide a visually pleasing open space until such time as Licensee desires to develop the Subject Parcels; WHEREAS, it is mutually beneficial for both Parties for Licensee to assume responsibility for landscaping and maintaining the Subject Parcels; NOW,THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Grant of license. Licensor hereby grants to Licensee, as grantee, a non-exclusive license on, over, across, under, and through the Licensed Premises, for the limited purposes of installation and maintenance of landscaping, to including turf, shrubs, natural grasses, and trees at Licensee's discretion for use as landscaped open space. 2. Term and termination. This Agreement shall be in effect for an Initial Term beginning on the Effective Date ending on September 30, 2031. After the Initial Term, this agreement will automatically renew for successive one-year extension terms, unless terminated by either party upon 90-day notice prior to the end of the current extension term. Licensor may terminate this agreement at any time upon receiving conditional development approval for a site development application LICENSE AGREEMENT PAGE 1 OF 3 Page 147 Item#9. from the City of Meridian for the Subject Parcel(s). Licensor shall provide Licensee at least ninety (90) days' written notice of Licensor's intent to develop the property. Licensee's obligation to maintain the Licensed Premises is subject to annual budget appropriations by the City of Meridian. 3. Maintenance. Licensee shall maintain the landscaping on the Licensed Premises in good condition and repair, and as may be needed to satisfy applicable laws, policies, and reasonable discretion of Licensor, and sound landscape maintenance practices. 4. Damage or destruction.In the event that the landscaping on the Licensed Premises is damaged or destroyed, in whole or in part,Licensee may restore or replace the landscaping, subject to availability of sufficient funds. 5. Water. Licensee shall pay for the provision of and continued use of water to the Licensed Premises, if any. 6. Insurance to be obtained by Licensee. Licensee shall obtain all necessary property and other insurance as may be required in order to protect its insurable interests for its rights and obligations described within this Agreement. Insurance of Licensor's insurable interests shall be the sole responsibility of Licensor. 7. Binding on Successors. This Agreement shall be binding on the successors, administrators, executors and assigns of all parties hereto, and shall run with the land. 8. Hold harmless. Licensee agrees to hold the Licensor, its successors, assigns, and agents harmless from any and all claims, liability, losses, costs, charges,or expense that arise from Licensee's use or use by its employees, licensees, agents, invitees, or representatives, of the Licensed Premises pursuant to the license granted hereby. 9. Remedies. In the event of a breach hereunder by either party,the non-breaching party shall have all remedies available at law or in equity, including the availability of injunctive relief. In any suit, action or appeal therefrom to enforce or interpret this Agreement, the prevailing party shall be entitled to recover its costs incurred therein,including reasonable attorneys' fees. 10. Assignment. Neither party shall sell,transfer, or assign its interest in this Agreement without first providing written notice to the other party. 11. Obstructions. Neither Licensor nor Licensee shall install or permit any fence, sign, or other barrier within or across the Licensed Premises. However, the foregoing shall not prohibit the installation of temporary barricades reasonably necessary for security and/or safety purposes in connection with repair or maintenance of the Licensed Premises, so long as such work is conducted in the most expeditious manner reasonably possible. 12. Notices. All notices, demands and requests required or desired to be given under this Agreement must be in writing and shall be deemed to have been given as of the date such writing is mailed, via U.S. Mail, prepaid and addressed to the respective Party's current registered agent as enumerated in the records of the Idaho Secretary of State. LICENSE AGREEMENT PAGE 2 OF 3 Page 148 r Item#9. 13. 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 tenns of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 14. 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. 15. 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. 16. Warranty of authority. The person executing this Agreement on behalf of Licensor represents and warrants due authorization to do so on behalf of Licensor, and that upon execution on behalf of Licensor, the same is binding upon, and shall inure to the benefit of, Licensor. IN WITNESS WHEREOF,the undersigned have caused this Agreement to be executed the day and year first written above. END OF TEXT. SIGNATURES ON NEXT PAGE. LICENSE AGREEMENT PAGE 3 OF Page 149 Item#10. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Community Development: Ustick Road Center Median Options Between Ten Mile Road and Linder Road Page 151 Item#10. C� fIEN MEMO TO CITY COUNCIL From: Caleb Hood, Planning Division Manager Meeting Date: March 1, 2022 Presenter: Caleb Hood/ Mike Barton Estimated Time: 15 minutes Topic: Ustick Road, Ten Mile to Linder- Center Median Options Recommended Action: Staff requests the Council direct Staff how best to proceed regarding a potential partnership with ACHD on landscaping the Ustick, Ten Mile to Linder project. Background: Parametrix completed a technical concept study for ACHD late last year for the Ustick Rd, Ten Mile Rd to Linder Rd project. T-0 Engineers is preparing to take the preferred alternative from the concept study through final design. The concept study preferred alternative includes widening Ustick Rd to two travel lanes in each direction with a two-way, center turn lane and/or raised center medians. The medians are largely included in the project so the roadway can be signed at a lower speed (likely 35-40 MPH). To design the segment to that speed,vertical obstructions are planned in the roadway. The eleven-foot wide raised medians are in areas along the corridor where the center turn lane is not needed for access, to provide traffic calming measures along the corridor. (See attached concept plan) There are approximately 1,900-linear feet of center median in 6 segments in the concept plan.ACHD is proposing to hardscape (likely stamped concrete) the center medians and install fencing as the "base" treatment.ACHD has offered the City an opportunity to landscape these medians giving the roadway more of a boulevard feel. Depending on the level of design effort and materials installed. City Staff estimates that landscaping the center medians with some trees, shrubs and rock mulch with an irrigation system will cost around $75 per linear foot, or approximately$150K for this mile segment. Further, annual maintenance costs are estimated at$5K. Typically, a "partner agency"with ACHD is expected to pay for all "non-transportation" elements, including ongoing maintenance. The project also includes constructing a 10-foot wide, multi-use pathway on the north and south sides of Ustick Rd.A traffic signal will be installed at the intersection of Ustick Rd and Towerbridge Way with a pedestrian refuge island on the east side crossing.A new pedestrian bridge crossing will be constructed over Five Mile Creek to provide connection with the existing multi-use pathway network. Design of this project will continue through FY22 and be complete in FY23. Right-of-way is also planned for 2023 and construction (CN) in 2025. The next mile of Ustick,west of Ten Mile to Black Cat is also going into design and should be complete in 2023 as well (CN=2024).And the third mile, from Black Cat to McDermott/SH-16 is planned for design by ACHD in 2026 (CN=Future). On February 7th,the Meridian Transportation Commission (TC) discussed this project, including the potential to landscape the center medians. The TC supports landscaping the center medians with a preference towards lower maintenance materials. Page 152 J m � I' � Con t 30' I ns i• MulCl-Vse p a`y-•'- '�': z +� P �•' $ Ped-Ram �• � .-� �b��ti.- ��m�: ��� iR — — — — — — — — — — — — — — — — — . Multi-use Ped-imp I ■'athw ; -` , // '1 ULAe Ex stln9 a YJ hQ E �I'd 1 Y .� a Amp" VW, mr _ ■ II 9 � Y .=j 4 a - vd i ai Hill i A I•iii�iii i e pEw�rt�ric {+[� PEGES IN mm cws Gi _ AL 1 ■ _ _ - -. - -•— FIVl MIL��ElIlL!-�`_—.____ -��._.ate:}ri=s-_'-:9'v sl.—... ,�e - LEGEND s d I•lFFic S..' � t N � .. F 1� 111 ` � I. � 7-74lAw— SECTION Consr.rucr. '�, If LJ STICK RD.,TEN MILE RD.TO LIN DER RD. SPLIT �'. Multi-.:5c� � pyLp9 • .. ? A A 3 L l _ -- �111f MILE GPEEIC •' ' + lii 3111111 f17�t dIII � ' �.'� h �6741t1•415e b Q� � J OPTION Item#10. Median design at various widths Limed to cross rn no deteclalile al-grade 2'defactable raised median 3'detectable warn- srngle phase warrtirlgs through refuge warrorigs at refuge at refuge ings at curb ramps h5IFI.2-clear curb ramps 4'dear waling area ahgrade waiting area (typ.6'at 1:12 through refuge grade' , a � .e j t leas than 6' 6'to 16' more than 16' Page 155