22-2349 Pathways Final Acceptance Pedestrian Bridge ten Mile Creek, Villas at Twelve Okas and Whitestone Estates CITY OF MERIDIAN RESOLUTION NO. 22-2349
BY THE CITY COUNCIL: BERNT, BORTON, CAVENER,
HOAGLUN, PERRAULT, STRADER
A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
MERIDIAN, SIGNIFYING FINAL ACCEPTANCE OF PEDESTRIAN BRIDGE
TRAVERSING TEN MILE CREEK AND CONNECTING THE PATHWAY SEGMENTS AT
THE VILLAS AT TWELVE OAKS AND WHITESTONE ESTATES.
WHEREAS,pursuant to the terms of the Pedestrian Bridge Construction Agreement
entered into by Open Door Rentals LLC ("Developer") and the City of Meridian on August 18,
2021, a copy of which is attached as Exhibit A ("August 18, 2021 Agreement"), Developer agreed
to install a pedestrian bridge traversing Ten Mile Creek("Bridge") connecting a pathway segment
at the Villas at Twelve Oaks, located at W. Franklin Road and N. Ward Avenue, to a pathway
segment at Whitestone Estates, located at S. Linder Road and W. Greenhead Drive; and
WHEREAS,pursuant to the August 18, 2021 Agreement, Developer has notified City of
Developer's Final Completion of the construction of the Bridge, signified by the final inspection
and approval of the Bridge by Building Services, and Developer's submission of copies of full
releases and waivers of lien from all subcontractors and suppliers involved with the construction of
the Bridge, as set forth in Exhibit B; and
WHEREAS,the Bridge has been inspected by the City Pathways Project Manager, and the
installation of the Bridge has been found to be compliant with the plans and specifications as set
forth in the August 18, 2021 Agreement;
NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF MERIDIAN CITY,IDAHO:
Section 1. That the City of Meridian hereby conveys its Final Acceptance of the Bridge.
Section 2. That the City shall assume responsibility for operation, maintenance, and repair of
the Bridge.
Section 3. That this Resolution shall be in full force and effect immediately upon its adoption
and approval.
ADOPTED by the City Council of the City of Meridian, Idaho, this 25th day of October,
2022.
APPROVED by the Mayor of the City of Meridian, Idaho, this 25th day of October, 2022.
APPROVED: ATTEST:
By:
Brad Hoaglun, Council President Chris Johnson City Clerk
RESOLUTION ACCEPTING PEDESTRIAN BRIDGE PAGE I
Item#11.
Exhibit A
PEDESTRIAN BRIDGE CONSTRUCTION AGREEMENT
This PEDESTRIAN BRIDGE CONSTRUCTION AGREEMENT ("Agreement"), is
made and entered into this I# day of_ , 2020 by and between Open Door Rentals
LLC ("Developer") and the City of Meridhk, a municipal corporation organized under the laws
of the State of Idaho ("City") (collectively, "Parties").
WHEREAS, via development agreement between the City of Meridian and Franklin
Centre, LLC executed on October 27, 2006 and recorded with the Ada County Recorder as
instrument no. 106180812("DA"), conditions of development of the property located at 1961 W.
Franklin Road,Meridian, Idaho, Ada County parcel no. R8580480020 ("Property") include
installation of a multi-use pathway segment connecting the pathway at Property and the pathway
at Whitestone Estates, to include a pedestrian bridge traversing Ten Mile Creek ("Bridge"), at the
location depicted in Exhibit A;
WHEREAS,Developer is Franklin Centre, LLC's successor in interest, and, being
bound by the terms of the DA, seeks to develop the Property in accordance therewith;
WHEREAS, City has obtained from Whitestone Homeowners Association an easement
for the pathway abutting the south side of the Bridge, a copy of which is attached hereto as
Exhibit B, and Developer has reserved to City an easement for the pathway abutting the north
side of the Bridge, a copy of which is attached hereto as Exhibit C; and
WHEREAS, by this Agreement City wishes to engage Developer, as an independent
contractor, to construct and install the Bridge on City's behalf, and in consideration of the
fulfillment of Developer's commitments under the DA, Developer wishes to be so engaged;
NOW, THEREFORE, for and in consideration of the covenants, agreements and
conditions hereinafter set forth, the parties mutually agree as follows:
I.DEVELOPER'S OBLIGATIONS
A. Developer has provided to City a plan for design of the Bridge, as set forth in Exhibit D
hereto, and City has approved such design.
B. Developer shall, at Developer's sole expense, obtain all necessary building permits, plan
reviews, and inspections from the Meridian Community Development Department, Division
of Building Services ("Building Services") as may be necessary to construct the Bridge, and
shall fulfill all requirements of Building Services and of all applicable codes and laws.
C. Developer shall, at Developer's sole expense, negotiate and enter into a license agreement
with the Nampa &Meridian Irrigation District allowing Developer to construct the Bridge
within the District's easement, at the location depicted in Exhibit A. Developer shall provide
a copy of such license agreement to City.
BRIDGE CONSTRUCTION AGREEMENT PAGE 1 Page 466
Item#11.
D. Developer shall, at Developer's sole expense, at the location set forth in Exhibit A, construct
the Bridge in accordance with the plans attached hereto as Exhibit D, with any and all
modifications as may be required by Building Services.
E. Developer shall notify City, in writing, of Developer's Final Completion of Bridge
construction, which completion shall be signified by:
I. Completed construction and installation of the Bridge, in accordance with the plans
attached hereto as Exhibit D, at the location set forth in Exhibit A.
2. Final inspection and approval of the Bridge by Building Services.
3. Developer's submission to City Contact of copies of full releases and waivers of lien
from any and all subcontractors and/or suppliers involved with the construction of the
Bridge.
II. CITY'S OBLIGATIONS
A. Pursuant to the December 19, 2000 Master Pathway Agreement for Developing and
Maintaining Pathways between City and the Nampa &Meridian Irrigation District ("Master
Pathways Agreement"), City shall obtain from the Nampa & Meridian Irrigation District a
license agreement allowing City to operate and maintain the Bridge during and after its
construction.
B. Pursuant to the Master Pathways Agreement, City shall obtain from the Nampa& Meridian
Irrigation District a license agreement allowing City to operate and maintain the pathway
abutting the north side of the Bridge.
C. Following Developer's fulfillment of all aspects of Final Completion as set forth in section
I.E., above, City shall execute Final Acceptance of the Bridge, which shall be signified by
adoption of a resolution indicating Meridian City Council's acceptance of the delivery of the
Bridge as constructed.
D. Upon Final Acceptance of the Bridge as set forth in section II.B., above, City shall assume
responsibility for operation, maintenance, and repair of the Bridge.
IV.GENERAL PROVISIONS.
A. Day-to-day contacts. The following persons shall serve as the primary contact persons for
Developer and City, respectively, for all day-to-day matters regarding design, construction,
Final Completion, and Final Acceptance of the Bridge. Communication between City
Contact and Developer Contact shall occur via e-mail or telephone.
Developer Contact: City Contact:
JLJ, Inc (Jim Jewett, Project Manager) Mike Barton
me @mauijim.realtor mbarton@meridiancity.org
(208) 794-0070 208-884-5533
BRIDGE CONSTRUCTION AGREEMENT PAGE Page 467
Item#11.
B. Notice. 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:
Developer;_ City:,
Open Door Rentals, LLC Meridian City Clerk
1977 E. Overland Road 33 E. Broadway Avenue
Meridian, ID 83642 Meridian ID 83642
C. Liability insurance. Developer shall maintain, and specifically agrees that Developer will
maintain throughout the term of this Agreement, liability insurance, in which City shall be
named an additional insured in the minimum amount as specified in the Idaho Tort Claims
Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be
deemed a limitation of the covenants to indemnify and save and hold harmless City; and if
City becomes liable for an amount in excess of the insurance limits herein provided,
Developer covenants and agrees to indemnify and save and hold harmless City from and for
all such losses, claims, actions, or judgments for damages or liability to persons or property.
Developer shall provide City with a certificate of insurance or other proof of insurance
evidencing Developer's compliance with the requirements of this paragraph. In the event the
insurance minimums are changed, Developer shall immediately submit proof of compliance
with the changed limits.
D. Indemnification. Developer specifically indemnifies City and holds City harmless from any
loss, liability, claim,judgment, or action for damages or injury to Developer, to Developer's
personal property or equipment, and/or to Developer's employees, agents, guests or invitees
arising out of or resulting from any condition or circumstance not caused by or arising out of
the tortious conduct of City or its employees. Developer further agrees to indemnify and
hold City harmless from any loss, liability, claim or action from damages or injuries to
persons or property in any way arising out of or resulting from this Agreement or any
activities related thereto and not caused by or arising out of the tortious conduct of City or its
employees. If any claim, suit or action is filed against City for any loss or claim described in
this paragraph, Developer, at City's option, shall defend City and assume all costs, including
attorney's fees, associated with the defense or resolution thereof, or indemnify City for all
such costs and fees incurred by City in the defense or resolution thereof. Developer
acknowledges that activities undertaken pursuant to this Agreement carry risks, some of
which are unknown, and accepts any and all such risks.
E. Compliance with laws. In performing the scope of services required hereunder, Developer
shall comply with all applicable laws, ordinances, and codes of Federal, State, and local
governments.
F. 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 representatives, successors, and assigns of the Parties.
BRIDGE CONSTRUCTION AGREEMENT PAGE- Page 468
Item#11.
G. 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.
H. Attorney fees. Should any litigation be commenced between the parties hereto concerning
this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be
granted, to court costs and reasonable attorneys' fees as determined by a court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and
shall survive any default, termination or forfeiture of this Agreement.
I. Time of the essence. The parties shall fulfill obligations described in this Agreement in a
timely manner, as set forth herein. The parties acknowledge and agree that time is strictly of
the essence with respect to this Agreement, and that the failure to timely perform any of the
obligations hereunder shall constitute a default of this Agreement.
J. Termination.
1. Grounds. Grounds for termination of this Agreement shall include, but shall not be
limited to: an act or omission by either party which materially breaches any term of this
Agreement; an act of nature or other unforeseeable event which precludes or makes
impossible the performance of the terms of this Agreement by either party; or a change in
or occurrence of circumstances that renders the performance by either party a detriment
to the public health, safety, or welfare.
2. Process. Either party may terminate this Agreement by providing thirty (30) days' notice
of intention to terminate. Such notice shall include a description of the breach or
circumstances providing grounds for termination. A fourteen (14) day cure period shall
commence upon provision of the notice of intention to terminate. If, upon the expiration
of such cure period, cure of the breach or circumstances providing grounds for
termination has not occurred, this Agreement may be terminated upon mailing of notice
of termination.
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 Parties. The parties signatory hereto represent
BRIDGE CONSTRUCTION AGREEMENT PAGE Page 469
Item#11.
and warrant that each is duly authorized to bind, respectively, City and Developer 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.
DEVELOPER:
r
Corey D. BarM-Member
Open Door Rentals LLC
CITY OF MERIDIAN: Attest:
BY:
Robert E. Simison, Mayor Chris Johnson, City Clerk
BRIDGE CONSTRUCTION AGREEMENT PAGE
Page 470
Item#11.
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ADA COUNTY RFCORDFR Phil McGrane 2020-091679
L30ISE IDAHO Pys=5 t30NNIE OBERL31LLIG 07/22/2020 01:13 PM
CITY OF MERIDIAN, IDAHO NO FFF
C'Yn't�.t'i I\a17tc(Sui,cllvisl�l_1�_'.
VJLilef.l�a:rt P;:Ih�.v;ry ra�;cnua;l hn:::Pmpncer)I'eirt)ea<7:rY.5!'ra4 Ihi.lq+:
r' V11hi1c,lonF: Hon)et::^nu I;; /�ssxlrir111nn
1'f II,, ,\(_ih.l.ir•R�fh_N I . imide this 1st d,.tv III, Iu y 0 r. , I)c.;t�wc( n
Itc'icitlakcr rc.fCl-red to :as "(iranit)1 ', and dw Cily (0 ivlc:rN(11a11, ;III lclollc) mtlllicipal col-polat.inrl.
he,rcinaflcl ircicrrcd In as "GI-al tcc ,
1'r'I IkN,I�A.S. (itatitor is Ilia m_vncr cd ru,iI y oil porlMll:; (11,Which Ills• 0iv cd NVicl idi;ln
desires to est;lhlish a public. p'nillway; alld
W1 i14!l:1_.AS, the: (irnlflm do sir(°ss ((I 11,1allt ml c:ls'mcni to c:ca,ihli ,l! it ptiNic. patltwayy ;ind
inc)vi(lc. col'im,clivily In prc.;scrll ;Ind Iuturc polli(uls c1) (Itc; p:IIhw;IV; ;Im
Vdlli_'IR'FA , Ci)sulfc) umis(rtict tilr I,rlthwly improvclilc:rlfr; uptili the c;osc;nx:ni dc:;(:ribc;cl
h('rc:in; and
NOW, Tf 11T I"' ORL, (he. parties ;agrc'c ;iS 1:011mvs:
l 111: CiRAt"i'I (.)R does; 1wrt'by grallf Ilt14) the ( T<u1t(:c: ;tt) c lseallcr)f (1n Ille 1611( mip, itrnpi.- fy,
do ,c'ribc'd (til F?xlllhif "A" and d(;l:,ic,l (I oil kAlihil "W' ;ift;idle'd hcrcin an({ itlec)rpnr:ltc'cl
hr'l'c'i►t.
herohy hrarited ir; (,Or ills pill pose Oi,provid inp, rt pilblic,, pcdc! 16"ill p"Ith"vil
cw'elrtcllf i[u' lilt)ltiplc-tisc nc)rrnttltnrii.t:d r((.ir;lfi<:)11, W11.11 Ill(' free 11,0111 nl 'i(cC)s�; 10 Stich
Inc;.ilitics < t ;;nitir :anti rill tintc:s.
TO HAVE, AND TO 1- 01,1.), ,,dd c';lwmcnt. fill(() s;lid (ir;nttee, Its 0,11c.•cessors ;111d
f un,va.
11-W GRANTOR i(Ichv c.:nwcn;altts mid "mI I-xS Ihai it will not 111c1('t, M. ;111()\)V Ic) be h)lacccl I'my
pCl lla%1nCrlt Stl'i1CCl.i1'i'�', tlCa`ti, bl-lish, nr i erefillinI ,bill); Ur hln\Vr'C:; w11))ITi titC ;W0,1 dc');la'IbCd t'()I'
Ibis easCrrl(:nl, vAich wnlilcl inlcrlcrc 1,vill) Illy, WK' of slid caseir)enf, 101 Itic plIVI) ),cs :ikI((:d
lac`rei ll.
IT IS hXPRi?.SOILY AND A Ri"IL"l), by alld bctwuc"ll lilt Imllies hereto, 1h:11
the (ir'llator shall. repair ;gild r1wirit"1111 tlii; p;tilttrfa.y illlpr(we'nte:ut.;.
'1 HF, GRANTOR Iwrrby c.overja(lls ,11111 a"l-crs with the (ir7nfi:O II1a.1 -;httuld all>r part OI, dic•
c:ls(:nle'nl Itc rrhy +?,1'arlic(I Iux;nitte i:,or( ol. Of' lie wilhill (Iu 1)(n.lnclaiic;; c,l ;illy i lihIlc:
l'c tlesl rlarl i ath\vny F"w"wi'ncwl RI-W. OUP 1/201O Page 473
Meridian City Council Meeting Agenda July 21,2020 - Page 184 of 590
Item#11.
J'rnicct t\:unc(tiur,clhi�iail:
VJh11,nt b+,Pathway Ea--M,mt Iro,ri F'niPasgd I'vrvdv,y Oak,,P-A ttiidrla
1'EA) STRIA,N PATHWAY FA;;Fi81I';N•I'
THIS IS !\(_i121 I;RriI;N`f, ttaatic flti5 21st day 1:11' Jul)' 20 %" , bGwct,tl Whitesk mr•Ilornc_o+rmer, .Ass;uci;rtirul
hereinafter rdeired to its "Grantor" and the City Of I\/ICI-ilia a, ;in IClaho nitlnic:ipal Corpora ion.
hereinafter referred to as "Grantee"';
WI1f;IZ1 A ;, Grantor is (Iic owns r of real properly on porliolIs of which I c° C'i(y of Nleridian
desires to establish a pildic.; pathway; and
WHERI AS, the Grantor desires to grant ,in cap;emcnl to eslahlish a puhlie path\vay and
provide connactivity to presenf and funire pouhnns of Ihc padiway; and
WI-II RF,AS, Grantor shrill conslrnct the pathway iMproveMCuts tipon IN: ONCraaCnl duaribUl
herein: and
NOW, 'I'IIFRI?IURF, the: parties agree as to hws:
THE 6RANTOR does hereby grant onto the (_mnive an emertenl on Ihc fulfowing property,
clescr'ibed on WWI "A" and depi tcd on Fxhibit W attached her•cto and incorpora(ed
herein.
'I I11, I.ASL;MI—,'NT hereby ,;ranted is I'or Ihe purpt.Ise oi'laruvitlin a public pC(Icslrian pathway
casumcnl for rrltalliplc:-use non-naotorizud rt crealic;n, with Ihc C Cc I-ifyhl Or ace.css to such
Iacililies at any and all firlies.
TO IIAVI, AND '1't) IR)LD, said casement unto) said Muatee, its sncccssors, and assigns
lbrever.
I'FIF,, GRANTOR, hereby covenants ,and agrees Ihrat it will not place or allow Io be placed any
permanent snuctures, trees, hrusIq or perennAl shraahs or HtnvcN within the area descrihed 1hr
this casement, which would iiiierfcre \vith Ilac tise of said casement, for the. purposcs suocd
herein.
IT IS EXPRIatiLY 11NDLRSTOOD AND AGRE1,'l), by :and between the: parties herctc,, that
the Gran(or shall ,Chair and mainlrain the pathway improve.mews.
TI II; GRANT m hereby cov ,naills and agwes with the f iranoe Wit shrmAd any pail of Ihc
Casenictat hereby granted hecon-le part of, or lie within Ihc hotuldatics of any public slrc_cl,
Pedestrian Pathway Laselllcnl R1--,V. 01/0112020 FPg.4741
Meridian City Council Meeting Agenda July V. 2020— Page 184 of 590
Item#11.
Ilicn, to such extent such casement hereby granted which Iles widmi such boundary Ihercof or
which is a part thereof, shall cease and become null and void and of no further effect and shall
be completely rclltiquislic(I.
THF, GRANTOR (toes hereby covenanl with the Grantee (hat it is lawlully seized and
possessed of the aforementioned and described tract of land, and that it has a good and lawful
right to convey said casement., and that it will warrant and forever defend (he title and quiet
possession thereofagainst the lawful claims ofall persons whomsoever.
IN WITNI-SS WHEREOF, the said Grantor has hereunto subscribed its signature (he day and
year first hcrcinabovc wrilten.
(;RANTOR: Whitestone Sub HOA
STATE OF MAHO )
) S5
Comity of Ada
This record was acknowledged before me on '0-k.,A\1a,LL'-LtiW(date) by SCicth �k
(flame, of individUal), [complete the,jolloll.ing 1f sigming in a represenleaive coptic:ity, or strike
the.161Iowhig iJ slgnhig in an individual mpacitd oa behalf
(name Of entity Oil behalf of whom record Was CXee►ltcd), In the following repi-csentative
capacity: `l (t r', ((Yhe ofauthority such as officer or trustee)
(s(anlp)
Notary Signature
Epp+/Ipp® My CommissionExpires:_t � 't 10 ,r �}7 ,
ri
® \C, a
r
�'°� �•�'' Afo. :1',gip
�n IIOOi9OP���
Pedestrian Pathway f ase►lient REV. 01/01/2020 Page475
Meridian City Council Meeting Agenda July 21, 2020- Page 185 of 590
Item#11.
RAN'T I : (-')'I'Y O14 MF"R11)1AN
i !
)' 1
�t.ol;>erl. )� Sin11ScW....M3yuF
rAl
Attest by ('IlriS ji)1111Soil,
l
ss.
(:Ounly of Ada
`Ellis rc uord \vac �Icknowlc<lgcd he-FoVe 11ac 011 7-21 2U22 (datc) by Robel l F, Si11111;1)
and C:-hris .fohnson on be half of tile Oty of Meridian, in their capncillr s as Mayor and ('ily
(acrk, respeclively.
(sta11111) +
No(ary Sigiialt -c {
CHARLENE WAY Nly Commission L-'X))ires: 3-28-2022
COMMISSION#67390
NOTARY PUBLIC
STATE OF IDAHO
MY COMMISSION EXPIRES 3128/22
Podc'5t1mil Pa11114lav r"'a.wment RF*V, ()1/01%2020 Page476
Meridian City Council Meeting Agenda July 21, 2020- Page 186 of 590
Item#11.
Legal Description
Public Pathway Easement
All of Lot 11, Illockt, Whil.estone [,'.states Subdivision, as shown oil the Plat recorded in
Book 72, ['ages 7411 tlll'OLlgll 74-12, in the Office of the Recorder, Ada County, Id,1110
Page 477
Meridian City Council Meeting Agenda July 21,2020 - Page 187 of 590
EXHIBIT C
Item#11. --T �. ---- — - --
ADA COUNTY RFCORUFR Phil Mcvrane 2020-091679
BOISt: IUAHO P Is=5 60NNIE 013ERBILLIG 07122/2020 01:13 PM
CITY OF NIFRIDIAN.IDAHO NO FFF
r I'r_Iricri Nf,1Z�t�(:;�Itill'vixst,�i�;
YJh�h�•d^rn.C'nllr;yay t.-,ciur•gt Irvin 1'enp::sctl Tr; .,c Oirk�.I!rd Illirhl^
�7�7 pp gg v, S r
.1{D�r.ra tti @i'�l.I i/ d 'i sfIH�4'�' 6i C� fit.,•�'�r�l�tt.l� !•i l�'<"
' ) �1s1 r jOy t Vhii�: luny:llun�e��: omsAsydolion
I'II1, ;fitIi�F.1 .1\il',I�"l Ill;+cic Ihls d;t} 01 , 20 - „ , het\vt.wn
heJCinali.c.•r RI(Crrcc.) 1.0 a:; "(iriuUcn'" and tllc Cily n{ IVlc:ridian; roll Id;111c., Irlrlllicipal coll)onttic)n.
horcin;111eI' rc'Icrrc.d in m "(.Yr;III Ill •,,,
W f•f*NIr, SS F','I 11,
VVI II{R11A It (inu0tIr in the ()kv)ic:,r oI'rc;;I1 piopc.lIy ou pOrliolI!; I)C\\-IIICII the C'iIy o 'MrI idi;lu
dcsires to C;;I;ahlish ;I public palliNvay; ;and
tti/l-{1 RF.S, the (;raniclr ckskw; io guml Ail (Wscnxml I() c:;;t;thlish ;l pllhlic I,;.lihway ;Intl
1)ro\ricic. c[nuac..c;llvily to I'>rc;c:nl ;nlil I,t1111rc pciriiclns (.)I'the p;IIII%ay; and
M/I1FRI*;.,AS, (ir;Inlc>r ,hall colvillilcl tllc'c, polhcv;ly inlprovcnu nl;, upcin IIIc cascnicill dt ;c.Iihcd
hemilt; aml
NO\'J, 'CFfL1:F?1uRF, we pariic:s ;.Illl:c:c.'. as li)Iloww
`HF. t ;l:AN"1,011 Lloes WAY g"MI unto the Gmuln, an casi.• ncM (01 IN, holowing prsll)ony.
do;c:ribcd on Fxhihil "A" and dcl_,ictcd oil 1;;xhibit "li" ;litach(;d ht:rcll) ;Intl ilwmporatc'cl
he^v&.
11lf? VASINSNT 1lcrohy grantod I,; fill. Ilse Inuimsc• ( l,providing :) public. I-)edeslri;arl lwlll\v�.ly
caselllelal 161• 11-mlllple-Ilse. IIoll-I1'It)IOrIY.Cf1 rvc)c;llio1I, vvil.11 lhc' trvc r1!_2111 of ncccss 1(1 Such
I'iu:ililies at (Illy and ;all lin-le's.
`11) 11/011 AND TO MAD, said c-asonlc.11t Grillo said (rralltcec it,.-; ,llccc.s",Ills aml
Ibrever.
141.1i (;lti'litiTOP, 1101,cby covcnlarlt:; ;Intl agrecs Ih:It it will not place, or ;111a\w to be pl;,Iw.d ;Ivy
perm;:Incnt ;;tructurt ,, trees, I)nNV t)r 11connlal Am& c)r tloxyzi ; within the area WcrlhNI tnr
lhts cw;c•.Illc II(, which \vomid ink:1.1cro wilh lhc wz.c of said L�;I;e;inc:Ilt- lilt the purpo.c s ;;t;lIct:I
IT 11 EXPRESSLY I INDP <; ['001) AM) by ;Ili(-] hcl\vecrl III(; I:wl-lics ht"Idol, ilmt
111 Gran for sh;Lll repair mid nl,linf;lin (Ile p Ilh\\ray inlptovcLrlc:Llls,
TIIF (;FZr1NT(W hc.c by covcnaos and zymes \\'ills Ihc: (;;;.lotto, Ih;tl gull(l any pmi of A:
c sr.mJni lacrr:by ,t•ranled 11ct_onle. pact ol, III. ht: Nvilhill the hoill)cl;lrlcs t11, 'nly public sticel.
PC(lestriall P Alh\ ay l il5CilICIIII R I:V. l I 1 1011120,210 Page 478
Meridian City Cwncil Meeting Agenda July 21,2020 .- Page 184 of 590
Item#11.
Yrt)iect Name(SubdisiMmif
W All Pathway 1-a"n I(,I,t 0 elf I I'm I TW,I vil 0,1k5 PcId I I I j4q�
THIS A6PFFMFNT, made this 21d day of' Jul) 20 White-Awic: I irmnem/nots As�iodation
lu,ruinaftcr rel-cri-ccl to as "Grantor", and die. C'ily oi' Meridian, nil Idaho municipal colpol-alion.
hereinafter rel'o-red to as "(3ran[ec";
Wlll-,.R-l'.'AS, G'raivor is We miler of real propeny cm portions of'which the Cily of Moridiml
t0shm to emahlish a pibhc pathway; and
WHF,Rl--AS, the (irantor desires to grant an caselvicifl to cstahlish a public and
provide collnec.livily to present and Cuillre pol-I.ions 01,Ihu palim,ay: and
WHEREAS. Gramor shall ccnN4-uW to pMhway imprommus upmi i1w tominum dewnhul
hmnek, and
NOW, 'ITIERITORE, (lie parties agree as ('011mys:
THE GRANT' does hereby grant unto Ilse Grantee an misonew on the 1WImAng pnIvNy,
dmcdbml on Whibil "A" and dopided on Fxllibil "B" attached hul-clo and incorporated
howk
THE' hereby granted is Rm, the puilmse orpmvid, a public pakmhau pathway
Ca'SCInClit 1`61- 11-1111til)IC-LISC non-inolorizud 1-ccl-cali0l), Wilh IhC Il-CC I-itlhl of 'JCCC55 to 'alch
facilities- at any and all times.
"M HAVE AND 14) HOLD, said casell-ioll "Ido Said (iralam il4 ;ticccssors and ass'wm,
braver.
THF, CIR-ANTOR herchy covenants and agmes Illat H will not place: or 111(.)\V Io be placed any
pouvinwa sumckires, trees, Wish, or perclub! ME or no"On within the area WSW Full-
this casement, which would intel-1,61-C will) the Ilse of said Casement, Im the. pill-poses slater
herein.
rr is l--'XVRFSSLY I INDI-RSTOOD Aft) MAMIU), by and bemeem the parties llen,,to , that
the Gnmor shall repair and maintain III(,- pailmmy irriproveniclit.s.
T1 I F, 61-ZANTOR hereby covenants and agmeN \00 the (hy"We Ilml shndd any part oF tk
casement ho-chy 'graritcd become part ol, or lie \vilhill the boull(kilics ()I' any plihlic
Pedestrian Palliway Easement RFV. (11AMMA-) 7P.g e4 7 9
Meridian 01 Council Meeting Agenda My 5,2020- Page 184 d 590
Item#11.
Ilten, to such extent such caserncnl hereby granted which lies within such boundary (hereof or
which is a part thereof, shall cease and become null and void and of no I'urther effect and shall
be comple.lely relinquished.
THE, GRANTOR does hereby covenant with the Grantee Ihat it is lawfully seized and
possessed of the atoremenlloned and described tract of land, and That it has a good and lawful
right to convey said easement, and that it will warrant and forever defend the title and duiCt
possession thereof against the lawfill claims of all persons whomsoever.
IN WITNESS WHEREOF, [lie said Grantor has hereunto subscribed its siznattire the day and
year first hercinabove written,
GRi\NTOR: Whitestone Sub HOA
STATE OF IDAHO }
) ss
County of Ada }
This record was acknowledged before me on �4�1��C;, �s c)(dttle} by S(i C(J-11 i j( ) 1•,
(name of individual), [CoMplete the'fblloiVi11g i1*,Vi,�,ning in a representative u pac'ity, or strike
1he.1611owing if signing in an individual ogpac•i(yj on behalf of \]'\) ,1i-QSV oy-1 V 'ci.:al't
(name of entity on behalf of whom record was executed), in the following I•Cpresentallve
capacity: \l ;t P. 1 ( rC��Ca��,-� 6 ° S:cd . ix t (type ofauthorily such as officer or trustee)
(5tailill)
Notary Signature
�',///+jjj�+7��'+ ,�®, My Commission Expires:_
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o a
TAqk
1 o
eve®f e 40 �O``�
0
066i11�P
Pedestrian Pathway Easement REV, 01/01/2020 Page480
Meridian City Council Meeting Agenda July 21, 202.0- Page 185 of 590
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nil vieeting Ac�eda�uly 21,2020— Pag 88 of 590
Item#11.
GRANTEE': CITY O h/IL;R{L)IAN
Robert r,. Sinllsoll, Mayor, �— —
� ll4
attest by (`Ilrisl`,Pc�ilnson, ( 7t}r 'lFl:
srn�rr_ or� II�nIE(�, )
sS.
('ounly of' Ad;l )
7-21-?U??
This record way; acknowlcd ed bc.lilrc IIIC oil - (dale) by Robcl t E:. Sirllition
and Chris Johnson on behall' of thy: City of MCI idlan, ill the r capacilies as M; yor and (JIV
(,Icrk, rc-Npec lively.
(stallip) — -
- Notary Slp'll'lllarc ,
CHA+,RLENE WAY My (.'onImission
COMMISSION#67390
NOTARY PUBLIC
STATE OF IDAHO
MY COMNf15S10N EXPIRES 3f28122
fIcticstriall Palilmly f..Isell ent Eil_?V. tl1/01'/)020 Page482
Meridian City Council Meeting Agenda July 21, 2020- Page 186 of 590
Item#11.
p
i
Legal Description
Public Pathway Easement
All of Lot 11, [dock 1, Whitestone [:stales Subdivision, as shown on the Plat recorded in
Book 72, Pages 74-11 through 7412, in the Office of the Recorder, Ada County, Idaho
Page 483
Meridian City Council Meeting Agenda July 21, 2020— Page 187 of 590
Item#11.
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Iter"#11.
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page 487
Exhibit B
LIEN RELEASE
FROM THE FOLLOWING CONTRACTOR: TOTIIE FOLLOWING OWNER:
JLJ,Inc City of 1lcridian
PO Box 140055
Garden city ID 83714
FOR LABOR,SERVICES,EQUIPMENT OR
MATERIALS PROVIDED ON THE FOLLOWING PROJECT:
Pavmcnt Date: 11/2020
Tivelve Oaks Bridge
1%1cridian ID 83642
RELEASE AND SUBORDINATION
In exchange for the payment identified below,Contractor hereby waives and releases all mechanics'lien rights,claims of lien,equitable liens and bond rights
or other rights to payment(collectively,"Lien")on or against Owner or Project for all labor,services,subcontract work,equipment and material(collectively,
'Work* furnished up to and including the date set forth below("Effective Date").This release does not cover any amounts retained by Owner or amounts to
become due for Work furnished after said date,whether performed or supplied by the Contractor or at the direction of the Contractor(collectively,"Retainage
or Puture Work").
Although Contractor is not waiving a right to Lien for Retainage or Future Work,Contractor does hereby waive any claim that a Lien for Retainage or Future
Work has a priority date on or before the Effective Date. Contractor further intends and agrees that the priority of any such future Lien 1'or Retainage or Future
Work performed by Contractor or at Contractor's direction shall be subordinate to any deed of trust,mortgage or other encumbrance recorded on or before the
Eflcclive Dale.
As a representation,the truth ofwhich is relied upon by Owner,its construction lender and the principal and surety on any labor and material bond posed for
the Project(collectively,the"Relying Parties"),Contractor represents and warrants that Contractor and all subcontractors, laborers.material men and other
persons or firms who furnished Work to or at the request of the Contractor or his agent(s)for or concerning the construction or improvement of the Project on
or before the Effective Date have been fully paid for all Work so fumished. Contractor agrees to defend,indemnify and hold the Relying Parties harmless from
and against any and all allegations,claims,expenses,costs,liabilities and damages including,reasonable attorneys'fees(collectively,"Claims")arising out of
or related to this Release,including,without limitation,any Claims for breach of any warranty or representation by Contractor in this Release and any Claims
that a Lien for Retainage or future Work has a priority date on or before the Effective Date.
As part and parcel of the considd ation I'or this release and subordination, Contractor hereby acknowledges payment in frill to Contractor in the sum of
0.00 release and subordination s for the benefit of.and may be relied upon by,the Relying Parties.
C
ature o Authorizeds L.le ett President
ame and Title)
1 0/1 0 1 2022
(Date)
CITY OF MERIDIAN
EllIDIAN Certificate of Occupancy
p y
Permit # C-MISC-2020-0015
Owner: Open Door Rentals, LLC Parcel Number: R8580500400
1977 E. Overland Rd
Meridian, ID 83642 Address: 1961 W FRANKLIN RD
Contractor: JLJ INC Subdivision: TWELVE OAKS VILLA SUB
776 E Riverside Dr Lot(s): 4 Block: 1
Eagle, ID 83616
Phone: 208-794-0070 Fax:
Project Description: Twelve Oaks Bridge & Pathway Total Building square footage: 400
Purpose: Commercial
Description of Use: Other
Occupant Load: 80
Occupancy Classification: A-3 Automatic Fire Sprinklers Provided: No
Construction Type: VB Automatic Fire Sprinklers Required: No
The applicable codes in effect are as adopted by the City of Meridian at the time of the permit application.
Special conditions or stipulations of the Certificate of Occupancy:
OCCUPANCY REQUIREMENTS APPLICABLE APPROVAL
Certificates of occupancy shall be posted in a conspicuous place. As the Building Official for the
City of Meridian,
Any deviation from the approved occupancy for which this I hereby certify that all required
certificate has been issued is deemed unlawful. final inspections have been completed by
The issuance of a Certificate of Occupancy shall not be others for the structure listed above or
construed as an approval of a violation of the provisions of the portion thereof.
Meridian City Building and Fire Codes or of other ordinances of �G � 2
this jurisdiction.
Sam Zahorka, Building Official
Issue Date: 12/17/2021