266 Findings CPA Millennium Business Park
ITEM 6.
ITEM 7.
ITEM 8.
ITEM 9.
ITEM 10.
ITEM 11.
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FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST
FOR COMPREHENSIVE PLAN AMENDMENT TO CHANGE LAND
USE OF 12.3 ACRES FROM SINGLE-FAMILY RESIDENTIAL TO
COMMERCIAL BY DEVELOPERS DIVERSIFIED REALTY
CORPORATION/DAKOTA COMPANY - SOUTH OF FAIRVIEW
AND EAST OF RECORDS: RESOLUTION #264 APPROVE
FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST
FOR ANNEXATION AND ZONING TO C-C OF 13.09 ACRES BY
DEVELOPERS DIVERSIFIED REALTY CORPORATION - 4000
E. FAIRVIEW, % MILE EAST OF EAGLE ROAD: APPROVE
FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST
FOR REZONE OF 11.4 ACRES FROM I-L TO C-C BY
DEVELOPERS DIVERSIFIED REALTY CORPORATION
/DAKOTA COMPANY - SOUTH OF FAIRVIEW AND EAST OF
RECORDS: APPROVE
FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST
FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE-
FAMILY RESIDENTIAL TO MIXED RESIDENTIAL FOR TERRACE
LAWN MEMORIAL GARDENS, INC. BY CLARK DEVELOPMENT
/BILL CLARK - SOUTH OF FAIRVIEW AVENUE BETWEEN
EAGLE ROAD AND CLOVERDALE: RESOLUTION #265
APPROVE
FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST
FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE-
FAMILY RESIDENTIAL TO MIXED/PLANNED USE (MILLENNIUM
BUSINESS PARK) BY G.L VOIGT DEVELOPMENT AND
OVERLAND 16 LLC - WEST OF EAGLE ROAD AND SOUTH OF
OVERLAND: RESOLUTION #266 APPROVE
FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST
FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE-
FAMILY RESIDENTIAL TO COMMERCIAL BY QUEENLAND
ACRES, INC. - SOUTH SIDE OF OVERLAND ROAD ACROSS
FROM INTERSTATE CENTER SUBDIVISION AND ROARING
SPRINGS WATER PARK: RESOLUTION #267 APPROVE
Meridian City Council Meeti'
November 16. 1999
Page 16
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Bentley: Aye.
Corrie: Mr. Bird.
Bird: Aye.
Corrie: Mr. Rountree.
Rountree: Aye.
MOTION CARRIED: ALL AYES
ITEM 10.
FINDINGS OF FACT AND CONCLUSIONS OF LAW: REQUEST
FOR COMPREHENSIVE PLAN AMENDMENT FROM SINGLE-
FAMILY RESIDENTIAL TO MIXED/PLANNED USE (MILLENNIUM
BUSINESS PARK) BY G.L. VOIGT DEVELOPMENT AND
OVERLAND 16 LLC - WEST OF EAGLE ROAD AND SOUTH OF
OVERLAND:
Corrie: Item No.1 0 is a Findings of Facts and Conclusions of Law: Request for
Comprehensive Plan Amendment from single-family residential to mixed/planned
use (Millennium Business Park) by G.L. Voigt Development and Overland 16,
LLC, west of Eagle Road and south of Overland. Staff, comments on Item No.
10?
Stiles: Mr. Mayor and Council, on Page 5 of 16, Paragraph 14 that refers to
Edgeview Estates Subdivision should be deleted.
Corrie: Edgewood Estates, No. 14?
Stiles: Yes. It refers to Edgeview Estates Subdivision bordering to the east.
Corrie: Okay. Thank you. Tammy and Cherie, are you following with all this
paperwork? Okay. I'll entertain a motion, then, on Item No.1 0 with the
Resolution 266.
Rountree: Mr. Mayor.
Corrie: Mr. Rountree.
Rountree: I move that we approve the Findings of Facts and Conclusions of Law
and Order of Decision. I don't find the Resolution. This is the land use - this
doesn't have a Resolution.
Corrie: I don't have a plan use, I'm sorry, with it.
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AGREEMENT
THIS AGREEMENT made this Ib ~ day of lie VelMh.er, 19'f~ by and between the
CITY OF MERIDIAN, a municipal corporation, hereinafter called CITY, and GARY VOIGT, herinafter
called DEVELOPER:
WIT N E SSE T H:
WHEREAS, CITY had completed water plans and had anticipated construction of the 12 inch
water main east in Overland Road and north across Interstate 84;
WHEREAS, the 12 inch water main was intended to provide a looped water system between the
north and south side of Interstate 84;
WHEREAS, DEVELOPER owns land within the corporate limits of the City of Meridian and
desires to construct a sewerage system from Wells Circle south to Overland Road across Interstate 84,
as shown on Exhibit "A" in the same location as intended by CITY for the 12 inch water main;
WHEREAS, the DEVELOPER has agreed to install the water system in conjunction with the
sewer system and has requested reimbursement for the installation costs of the water system shown on
Exhibit "A";
WHEREAS, upon recommendation of the Department of Public Works, the Council of CITY
accepted and approved the proposal of DEVELOPER subject to all the conditions hereinafter provided by
this Agreement.
WHEREAS, the easement, within w.hich the water main and sewer collection pipe will be
constructed, is owned by the CITY, and in order for the DEVELOPER to construct the water main and
sewer collection pipe, it will require the CITY'S consent; which DEVELOPER requests and the CITY
agrees to, subject to the conditions of this agreement.
WHEREAS, in order for the CITY to be protected from worker's compensation, personal injury
and casualty loss liability, labor and material man's liens and assure the performance of the construction
contract, and with the understanding that the CITY'S intention is to accept and maintain the water main
and sewer collection pipes as part of its public water and sewer systems, and in order to assure the
provisions of I. C. 50.341 are complied with, there are certain conditions hereinafter stated as conditions
precedent to the CITY'S authorization of the DEVELOPER to proceed with the construction of the water
main and sewer collection pipes.
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NOW, THEREFORE, in consideration of the foregoing premises, it is agreed:
A. Preparation of Plans. The CITY shall cause to be prepared plans and
specifications, drawings, instructions, and all other documents for the construction and installation of the
water system, shown on Exhibit "A", including rights-of~way, grades and elevation, to be used in the
construction and installation of said water line.
B. Construction of Water and Sewer System.
(1) DEVELOPER shall have installed, constructed and erected the water
system and appurtenances as shown on Exhibit "A", subject to the conditions hereinafter provided.
(2) DEVELOPER shall provide or caused to be provided all engineering and
surveying, contract administration, bid proposals, contract documents and materials to be used for the
construction of the Trunk Sewer described on Exhibit "A".
(3) CITY shall provide or cause to be provided all inspection for the
construction of the water and sewer system, described on Exhibit "A".
C. Lettinq Bids. DEVELOPER shall cause a call for bids to be made and published
which requests bid proposals for construction of the trunk sewers from at least (3) licensed public works
contractors. DEVELOPER shall establish a time, date, and place to conduct the bid opening. Bids will not
be received after that time. DEVELOPER shall award to the lowest responsible bidder. DEVELOPER
shall not make award until after he has obtained concurrence from CITY to said bidder.
D. Notice to Proceed and Conditions of Construction Contracts. The DEVELOPER
shall not give the contractor a notice to proceed until the following conditions have been met and CITY
has issued a Notice to Proceed:
1. Both Contractors and Subcontractors must have the appropriate Public Works
License for the type of construction work involved as specified in Idaho Code Section 54-1902. The
Contract shall provide the license number for each subcontractor and the contractor.
2. Performance. Labor and Material Payment Bonds: The Contract~r(s) shall,
within seven days after award, submit bond(s) in the amount of 100% of the contract amount for
Performance, Labor and Material payment. These bonds shall be from the same surety.
3. Time of Completion: Work to be performed under the contract shall commence
within Ten (10) days of the issuance of the Notice to Proceed by the CITY. The number of days to
complete the work is set forth in the construction contract.
4. Liability Insurance: The Contractor shall provide, from an insurance company
licensed to do business in the State of Idaho and acceptable to the CITY, insurance coverage designated
hereinafter and shall pay all costs. Provide not less than one million dollars ($1, 000,000.) for the
coverage for damages, costs, and attorney fees, on account of bodily or personal injury or death or
property damage or other loss as the result of anyone (1) occurrence or accident regardless of the
number of persons injured, or the number of claimants. Any insurance policy, or certificate of insurance,
shall name the CITY as an additional insured and such insurance policy or certificate shall be kept and
maintained in full force and effect at all times during the term of the contract. The insurance policy or
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certificate shall be filed with the CITY prior to CITY issuance of Notice to Proceed and no insurer shall
cancel the policy or policies without first giving thirty (30) days written notice thereof to the Contractor(s),
and the CITY.
5. Worker's Compensation Insurance: All Contractors working on this project
shall have and maintain during the life of this contract, the statutory Worker's Compensation Insurance in
an amount required by Idaho Law. Proof of insurance shall be provided to the CITY prior to CITY
issuance of Notice to Proceed.
6. Guarantee: The Contractor shall guarantee all materials and workmanship
from defect for a period of not less than one (1) year from the date of acceptance by the CITY. Any
defective work shall be replaced or corrected to CITY'S satisfaction at no additional cost to the CITY. All
correction or replacement work shall also be guaranteed for a minimum of one (1) year from the date of
correction or replacement.
7. Notice to Proceed: The CITY'S Public Works Director shall be the CITY'S
agent who shall administer this agreement for the CITY and shall have the authority to issue the Notice to
Proceed upon compliance with these terms and conditions. If during the construction of the water and or
sewer main any contractor fails to comply with the conditions of the Notice to Proceed, the CITY may
revoke said Notice to Proceed and all construction is to cease until compliance is achieved.
E. Developer's and City's Responsibility. In recognition of the fact that the
DEVELOPER will construct water improvements in conjunction with a sewer main line extension, as
above described and shown on Exhibit "A", at the request of CITY, it is mutually agreed that the cost of
those improvements will be shared as follows:
Item
City Share
Developer Share
Trunk Sewer
$22,467.30
$101,564.75
$229,676.50
Water System
None
It shall be the responsibility of the DEVELOPER to provide 100% of the financing of the project with
reimbursement from the CITY in accordance with Section E of this agreement "Reimbursement to
DEVELOPER". No part of this agreement shall preclude eligibility for a Late Comer's Agreement on the
sewer costs.
Reimbursement to the DEVELOPER shall not be made until final completion of the project, the
City's review and concurrence of all eligible expenses incurred by the DEVELOPER.
F. Reimbursement to DEVELOPER. In recognition of the fact that DEVELOPER
shall install, construct and erect the water main lines as shown on Exhibit "A", the CITY shall reimburse to
the DEVELOPER the City's share of the cost of constructing the water main and oversizing the sewer
line.
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G. Cost of Sewer Line to DEVELOPER'S Property. All costs and expenses,
including the construction, engineering, advertising, clerical and legal and all licenses and permits which
may be required for the construction and installation of the trunk sewer upon and to DEVELOPER'S
property, shall be at DEVELOPER'S sole expense. This condition shall not be construed to include the
CITY'S share of the water system on Exhibit "A".
H. Compliance with Laws.
(1) In constructing and installing the water main across Interstate 84,
DEVELOPER, shall comply with laws, orders and regulations of Federal. State and Municipal authorities.
I. Indemnification and Insurance. DEVELOPER shall indemnify and save and hold
harmless CITY from and for any and all losses, claims, actions, judgements for damages, or injury to
persons or property and losses and expenses caused or incurred by DEVELOPER, its servants, agents,
employees, guests, and business invitees related to DEVELOPER'S construction activities conducted
under the terms of this agreement, and not caused by or arising out of the tortuous conduct of CITY or its
employees. 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 judgements for damages or liability 0 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 and file such proof of insurance with
the Public Works Department. In the event the insurance minimums of the Idaho Tort Claims Act are
changed, the CITY shall notify the DEVELOPER of the change, and DEVELOPER shall immediately
submit proof of compliance with the changed limits.
J. No Assiqnment. DEVELOPER shall not assign any portion of this Agreement or
any privilege hereunder, either voluntarily or involuntarily, without the prior written consent of the CITY,
which consent shall not be unreasonably withheld.
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IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly
authorized officers the day and year first above written.
CITY OF MERIDIAN
ATTEST:
A,Pvovecl 'I-II, #1q
~~jz~~. :
CITY CLERK
G~~~/
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