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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. EXHIBIT A - ' " 7�'213(31�l�1 1 r 41 �x- ` I rr ,� x @j A Ilk wi ; , ,f fD ' I a C ca ti r o OD ai " -•� r � �-s'y�. In � 1» ! O a s. p IF F INS 12-4idi l yy'z r �y ✓��, `:✓ 4 �. t^ hill i'xl '.5 / 1 PRINNO ST 71 Page 471 s WUVZ-U0lu+iY N3111ER%3BdM3 3xl luauYA § X o NVId 10211N001V1NO2R10H C - 7SO 39d B31u0 Ixtl PI,'1aVa IA I'g1k.')IA1O O I"1O5 NJOL! Bxn 3e of lm+s1 am 3n 3no Ynos oos s o s Item#11. °.,na o v alitvl. I AXLS30Wk 31n 9 77Ka351rn0553ANd s U wla p n II)WHIS+e w SY'N]tl3x anruoeeoxl NVI012i3W1'0if NIINNVild'M SVSI BX30 ah SrJP IXI 0+Y,I,, B0 SPI Suaslnaa 5rrsnaa' �sn3a SNV03A13M11VSV111A3H1 b �a pb e� z € Q§ g gg 15 k s R as g — a a x k �§ q4 $ o gge■ gsge� .ay} i� I � o s it �gI€i g! € k� Y 2 bQ e Y cg Ej7 FI YkB a' b 'F � a _. i`.� L � �. i � I • 3�8 �i l�� �� k i �J C :8 ��F7.' S, � �� 1 . W 1 �' ,.. rotas M.cnce.os �•a��i}71Hki �< —„--- — r unr Z 1 1 1 \:', I i 1 t T -71 .\ @k I �I •Y�\ 1— 1, �. ��, �... 7, i i Z 3"1I I + + yy 14, J 3 F1.�i.00H___._—_-______ _.______ _ 1 1 , 1 , x y ClC7 I \ a N ®y A M � Fa av\ �U \� R 3 1 k dia FW—�sy"e$x AC69Rp6B • na a iB b H$ ���� B•R4aAN0 LU CO UBsaa kikkkloan� I Page 472 EXHIBIT B --- 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:_ o � v 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 UNPLA rrn v, 5 01308' W 5,68 79 I �7 � _ 4 „ °-s s) Gs.A E _lam+ _t+)P'1✓ _ r .'_ r o T s Lnnceroln A\-tvsrr. 1 1 f� ea a) trim ns cv eu ice— meµ_-. tx. �.7'mf •F,,"..T' �...� A Sy - s'. P, +. .1� -i�.•_ E �. 6 tK to to rn N 0074'16'E 1'u7 70 ` s7..j•a.. $ .d( P , " P`sl � m Z s; n P }11q++ _ -r u.YUONStOER NY w3 i� to h U + V �D ��• �� �� � •� A- rl { w n ?rr y -11^ n + s 1 o0 y s t_T rr `� I� t i ttpa)tb•. 71 u N U r y = ,u oai ti t� m q r. m Als fc'Cf[a • f �q r mu n LO rl vi Ltp. 170 31cf1'-1T1.5 g { cJ t17[ •. F ! f a u.a55 of nt>rrrrrVc n nrr_�7.o0o esTAT[.`. a i7� i l ;' C7✓ =°1 r ,e o _U CD!L S 95k ;s i d F 4 5£tl t 3 7P �n4BSt�S �4, £ f4 RJl . 00 1 ( U n zip a - Lam. z8•ti1— e:.rv� ° � Page 481 eg "c Meridtfln City r � 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. -f 111 I` 17.2,1 UMPIArMl S 00'J4 W W 568,79 lt.t VA 341— atmst C.'O 1e* c "7,0— -1. ?.-q- 1�I I rr --- ---- --- L, A 81 S. UODWSTOME 11 W3 4 w ' ' I � a. - ----------- .. "ACI•JIl ',. ' .�,,1 ! ✓ try kp N A.- ja A to I to 0 WIWI -mu'ut, -1 In I 0 ti 30TS, 29 0 f too t.) CA S.IWOM ROAD MAT Of flfARMW C) cj) 7— C? rM%*7'WDQD"-TAWS 0 P; -tit; 000 p q fi;i7;t4l ( 1 111 a, -`'`► 41 2 w nl S S Lq 6,t= Morid n city lallicAloeting Ag 3�uly 21,2020- Pag 88 of 590 Iter"#11. VIA, 1 "Hip MO, ! I AS AR v puts! was pill x F z P, Logan RUN if E- fl:All 106 i unit I a, if; d a it tiny! plig I it 1191 11; 11 Y oil 1 :41 1; it wS, A it pit 0. 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