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Select Development/BoondocksADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 BOISE IDAHO 04!12105 01:40 PM DEPUTY Neava Haney III IIII IIII IIIIII IIIIIIIIIIIIIII V III RECORDED-REQUEST OF 1050438~~ Meridian Ciry WATER AND SANITARY SEWER ASSESSMENT AGREEMENT FOR ALTERATION OF EXISTING BUSINESS 1385 S BLUE MARLIN LOT 5, BLOCK 11, INTERSTATE CENTER This Agreement made and entered into this ~ Day of ~C~1 ~ 20~, by and between the CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter referred to as CITY, and SELECT DEVELOPMENT /BOONDOCKS, hereafter referred to as APPLICANT, their heirs, successors, assigns and personal representative. WITNESSETH: WHEREAS, The following assessments are existing and calculated by the City based upon information supplied to the City by the Applicant and/or historical information on record for a similar facility and/or those established in the City's Ordinances for the existing and proposed type offacility. Sewer (ERU) Existing 21.5 Sewer (ERU) Proposed -- Water (ERU) Existing 21.5 Water (ERU) Proposed -- * (ERU) Equivalent Residential Units NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS: That both parties of this agreement acknowledge that these assessments were determined from the above information, and not actual metered flows, and that the assessments for the proposed facility will be re-evaluated after a period of 12 months of final approval of this agreement to determine if adjustments are warranted. The City shall refund any overpayment of assessments resulting from the re-evaluation, or the Applicant shall be responsible for payment of any shortage resulting from the re- evaluation. 1385BLUM•31505 Page i ~~. SELECT DEVELOPT~NT /BOONDOCKS ASSESSMENT AGREEMENT Page 2 .SELECT DEVELOPMENT /BOONDOCKS Von Humphreys, STATE OF IDAHO, ) County of Ada, Manager ss. On this ~ Day of ~ ~ 1 l~Ul 1 , 20~ before me, the undersigned, a ATotary Public in and for the State of Idaho, personally appeared, Von Humphreys, known or identified to me (or proved to me on the oath of ), to be the General Manager SELECT DEVELOPMENT !BOONDOCKS and who subscribed their names to the within instrument and acknowledged to me that they executed the same for said SELECT DEVELOPMENT / BOONDOCKS. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL ~ - ~~'t~~+~'•, ~~ '~:~ O ,, . ~;~ ,~ , ' ~ ; .~ ~ ~ ASSES Page 2 Notary Public or Idaho Residing at V~ My Commission Expires /BOONDOCKS 13SSBLUM-31505 --!! ~ Approved by Council on: STATE OF IDAHO, } ss. County of Ada, ) On this :~`l ~"Day of iy1 arch, , 20 05 ,before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Tammy de Weerd and William G. Berg, Jr., known to me to be the Mayor and City Clerk of the City of Meridian, Idaho and who subscribed their names to the within instrument 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 first above written. J' `o 00o O e,~ r' "••...W~~• s ~. ~~`•~~t t' ~~`~o~®~~ `GE L. s~ •.• ~oTARr •~ .~... ; ~ pUBL1G Notary Public Residing at My Commis:, i i~~Q ~^ Expires ~ o /~_ 1385BLUM-31505 CITY OF MERIDIAN Meridian City Council March 29, 2005 Page 2 of 73 De Weerd: A timely reminder to recycle. And how could you not after seeing those future recyclers. Okay. Item No. 3 is our community invocation. We will be lead tonight by Pastor Burton Roberts, who is with Meridian Gospel Tabernacle. If you will, please, take this moment as joining us in the community invocation or as a moment of silence. Pastor. Roberts: Thank you, Madam Mayor. Shall we pray? Almighty God, we pause to thank you tonight for the privileges that we have living in a country that is under God and we thank you that we can be thankful in our hearts for your many blessings to us, including the privilege of living in this beautiful City of Meridian, Idaho. Tonight, Father, we ask for your wisdom, your guidance, your strength, in each decision that is being made tonight, may it truly be a wisdom that comes from the heaven above to strengthen our thoughts and our processes that we might truly find in you the strength to be all that we need to be to make this a continuing improving community, that we might all truly continue in that strength. We ask all these things in Jesus' mighty name, amen. Item 4: Adoption of the Agenda: De Weerd: Thank you, Pastor. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve this revised revised agenda. In the Consent Agenda the resolution number is 05-466 and in the regular agenda Item 21 is 05-1135 and 05-1136 is No. 22 and 05-1137 is Item No. 23. With that, I move that we approve the revised agenda. Donnell: Second. De Weerd: Okay. It's been moved and seconded to adopt the agenda. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED. THREE AYES. ONE ABSENT. Item 5: Consent Agenda: A. Approve Minutes of March 1, 2005 City Pre-Council Meeting: B. Approve Minutes of March 1, 2005 City Council Regular Meeting: C. Findings of Fact and Conclusions of Law for Approval: CUP 04-054 Request fora Conditional Use Permit fora Planned Development for retail uses in a C-N zone for The Shops at Meridian City Council March 29, 2005 Page 3 of 73 Cherry Lane by High Point Equities, LLC - SWC of West Cherry Lane and North Ten Mile Road: D. Water Main Easement for Red Robin by Eagle-Fairview Investments, Co. LLC: E. Water Main Easement for Jade Plaza: F. Emergency Management Joint Powers Agreement: G. Development Agreement: RZ 04-018 Request a Rezone of .74 acres from L-O to C-C zone for Kinetico Quality Systems of Treasure Valley by Irma Jean Phillips - 544 West Cherry Lane: H. Change Order No. 5 to extend the curb and putter for Storey Park Phase II Construction: I. Change Order No. 6 to widen and pave for Storey Park Phase II Construction: J. Assessment Agreement for Boondocks Fun Center at 1385 South Blue Marlin: K. Easements for Construction of the Victory /Meridian Road Waterline with Evans: L. Overland Road Water and Sewer Design with Civil Survey in Conjunction with ACHD: M. Award bid for Flushing Stations Construction to Star Construction: N. Water Main Easement for Graystone Building (L1 / B4 Silverstone Business Campus) by Sundance LTP: O. Sewer Service Contract for the North Slough Sewer Project: P. License Agreement for the North Slough Sanitary Sewer Project: Q. Change Order No. 1 for the North Slough Sanitary Sewer Project: R. Award Bid and Contract for Meridian Senior Citizen Center Upgrades by KMO, Inc.: Meridian City Council March 29, 2005 Page 4 of 73 S. Resolution No. 05-466 Resolution Vacating a Portion of the Golf Course Easement Located on Lots 44, 45, 46 and 47 Block of Spurwing Subdivision located on the North Side of Chinden Boulevard, Approximately 3/4 Mile West of North Linder Road: De Weerd: Okay. Item No. 5, Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the Consent Agenda, including Item No. S, which is Resolution No. 05-466. Wardle: Second. De Weerd: The Mayor to sign and the Clerk to attest on all -- Bird: The clerk to attest. I'm sorry. I haven't done it enough. De Weerd: I know. You could practice. Bird: I need practice. De Weerd: Okay. Is there any further discussion? Mr. Berg, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Wardle, yeah; Donnell, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Mayor's Office 1. Appointment of Traffic Safety Commission -Jim Fisher: De Weerd: Thank you. Item No. 6 under Department Reports we have had a quorum issue on our Traffic Safety Commission. Jim Fisher is here with us tonight and I would like to appoint him. Jim has stepped in, actually, for a couple of the board members. One for the school district for -- to step in for Wendel Bigham and Elaine Estacio, he also helped her out. So, he will not be a new face to the commission, but would be a great addition and, then, we can count on him every time. So, Council, I would appreciate Jim Fisher, an appointment to that Commission. Bird: Madam Mayor?