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2011-09-20~~ivl E IDIAN-- l~a~l CITY COUNCIL REGULAR MEETING AGENDA Tuesday, September 20, 2011 at 7:00 PM 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Steve Moore of Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Proclamation A. Proclamation for Constitution Week 6. Consent Agenda Approved A. Approve Minutes of September 6, 2011 City Council Regular Meeting B. Approve Minutes of September 13, 2011 City Council Workshop Meeting C. Release of Easements to Hermis Sparks and Bittercreek, LLC. D. Release of Easement to Bittercreek, LLC. E. Water Main Easement Agreement with Steven and Linda Eisele F. License and Indemnity Agreement Between the City of Meridian and the Lions Club of Meridian Regarding Uses Allowed on City Property by Ada County Conditional Use Permit #201000531-CU Meridian City Council Meeting Agenda -Tuesday, September 20, 2011 Page 1 of 3 All materials presented at public meetings shall became property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. G. Nampa Meridian License Agreement -Water Line Replacement NW 1st. Street at Nampa Meridian Irrigation District's Hunter Lateral Moved off of Consent Agenda to Item 7A H. Approval of Agreement with Ada County Highway District (ACRD) for Construction of the Ustick Road/Ten Mile Road Intersection Project I. Ada County and the City of Meridian Business Associate Agreement J. Blood Draw Agreement Between Ada County and the City of Meridian K. Reimbursement Agreement with Julius M. Kleiner Park Trust for Add-Alternate Items for a Not-to-Exceed Amount of $130,000.00 7. Items Moved From Consent Agenda A. Item 6G moved from Consent: Nampa Meridian License Agreement -Water Line Replacement NW 1st. Street at Nampa Meridian Irrigation District's Hunter Lateral 8. Department Reports A. Purchasing Department: Discussion on Agreement for Independent Contractor Services with Titan Technologies for the W. 8th Street Sewer Rehabilitation Project for aNot-To- Exceed Amount of $242,573.10 That is Budgeted Over Fiscal Years 2011 & 2012 Approved on September 13, 2011 B. Purchasing Department: Rescind Lighting Contract Award to Alloway Electric in the Amount of $29,016.94 and Deem as Non-Responsive for 8th Street Lighting Project and Award Contract to Second Lowest Bidder, Power Plus for aNot-to- Exceed Amount of $39,116.50 Vacated C. Clerks Office: Discussion on Official City Seal Approved with an effective date of October 1, 2011 D. Legal Department: Discussion of Public Parking Lot Partnership with Meridian Development Corporation (MDC) and The Masonic Lodge Meridian City Council Meeting Agenda -Tuesday, September 20, 2011 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 al least 48 hours prior to the public meeting. Amended the title to include: Approval of Parking Agreement with the Meridian Lodge #47 and the Meridian Development Corporation (MDC) Approved 9. Ordinances A. Third Reading of Ordinance No. 11-1488: Precious Metal Dealers Ordinance Approved B. Ordinance No. 11-1495: An Ordinance Repealing Title 1, Chapter 13 of the Meridian City Code and Dissolving the Economic Development Corporation Which Was Created for the Purpose of Issuing Industrial Development Bonds for the Micro 100 Tool Corporation Approved 10. Future Meeting Topics Adjourned at 7:36 p.m. Meridian City Council Meeting Agenda -Tuesday, September 20, 2011 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andlor hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Workshop September 20, 2011 A meeting of the Meridian City Council was called to order at 7:10 p.m., Tuesday, September 20, 2011, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Brad Hoaglun, David Zaremba, Keith Bird and Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Warren Stewart, Tracy Basterrechea, Keith Watts, Robert Simison, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Thank you for waiting for us. We apologize for going over in our pre- meeting, but thank you for joining us this evening. Welcome. For the record it is Tuesday, September 20th. It's ten minutes after 7:00. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge or Allegiance recited.) Item 3: Community Invocation by Steve Moore of Ten Mile Christian Church De Weerd: And for the record Councilman Rountree is in attendance. Item No. 3 is our community invocation. Tonight we will be led by Pastor Steve Moore. He is with Ten Mile Christian Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Welcome. Moore: Thank you. Honor to be here. Heavenly Father, we pause tonight in this another evening to realize how blessed we are to be alive. I know I also buy daily privileges and assume they are a right and we -- we just stop to say thank you. Thank you for your blessing on this community. Father, we watch the progress on our new Kleiner Park and we praise you for the generosity of that family. We pray for the continued protection of the workers there. We look forward to the addition of this to our community and to be stewards of such a gift. Father, there is so many good things going on in our community that, again, when we pause to get beyond the hustle and bustle of life and look outside of ourselves, I think, Father, particularly of next week and Meridian City Council September 20, 2011 Page 2 of 14 the wisdom and the leadership of this city to have a Recovery Day to recognize that -- that people can be redeemed and they can get another start, that they truly can be recovered. I thank you for those in our community that are making events like this possible. Bless them in a great way. Tonight we bring our attention to this specific meeting and legal matters and necessary matters for our city will be addressed. We ask for wisdom on the part of these decision makers. We are grateful for the sacrifice and the commitment of their lives, for our neighborhood, for our community, and so bless them. God, we do recognize your tremendous benefit and presence for your direction to this community and we give you the glory and the praise for all of that, in Jesus' name, amen. De Weerd: Thank you, Pastor Moore. And thank you for mentioning Recovery Day, which is next Tuesday at 8:00 o'clock at the police department. Certainly we usually have a good outpouring from the community in support of the anti-drug coalition and work they do in prevention, so thank you. Item 4: Adoption of the Agenda De Weerd: Item No. 4 is the adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple items on the agenda to note. Under the Consent Agenda, Item 6, 6-G needs to be removed from the Consent Agenda and moved to No. 7. Under Department Reports, Item 8, 8-D is a title change. Instead of a discussion of the public parking lot partnership with MDC and the Masonic Lodge, that title needs to read approval of parking agreement with the Meridian Lodge No. 47 and the Meridian Development Corporation. And under Ordinances, Item No. 9-B, that ordinance No. 11-1495. So, with that, Madam Mayor, I move adoption of the agenda as amended. Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Proclamation A. Proclamation for Constitution Week De Weerd: Item No. 5 is a proclamation on Constitution Week. Do I have a member from Boise? Okay. If you will join me in the front. I will go ahead read this and, then, present it and maybe you can add a few words. Meridian City Council September 20, 2011 Page 3 of 14 Person: Okay. De Weerd: Okay. Whereas the Constitution of the United States of America is a guardian of our liberties and embodies the principles of our government to be ruled by law, not people, and whereas September 17th, 2011, marks the 224th anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention and whereas it is fitting and proper to accord official recognition of this document and its memorable anniversary and to the patriotic celebrations which will commemorate this occasion and whereas Public Law 84-915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17th through 23rd as Constitution Week, therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim the week of September 17th through the 23rd as Constitution Week in the City of Meridian and call upon the people of our community to join our fellow citizens and the fellow citizens across the United States in recognizing and participating in this special observance. I signed this today the 20th and I would like to present this proclamation and ask if you would like to say a few words. Person: I would just like to thank you for supporting us, because you have done this for us a couple of years, so I appreciate Mayor Tammy and your enthusiasm for this. De Weerd: Thank you. Person: Thank you. De Weerd: We do appreciate that you came to join us and you don't have to stay for the entire meeting. I will say that each year we participate in the We The People that celebrates in our elementary schools that teaches our kids about the Constitution and it's an amazing event that I would encourage any of you who have never been involved to have an interest in the Constitution. It is a fabulous program and I take great pride in what the kids learn and what they exhibit during this -- this Constitution. It's just amazing. So, thank you again for being with us here tonight. Item 6: Consent Agenda A. Approve Minutes of September 6, 2011 City Council Regular Meeting B. Approve Minutes of September 13, 2011 City Council Workshop Meeting C. Release of Easements to Hermis Sparks and Bittercreek, LLC. D. Release of Easement to Bittercreek, LLC. Meridian City Council September 20, 2011 Page 4 of 14 E. Water Main Easement Agreement with Steven and Linda Eisele F. License and Indemnity Agreement Between the City of Meridian and the Lions Club of Meridian Regarding Uses Allowed on City Property by Ada County Conditional Use Permit #201000531-CU H. Approval of Agreement with Ada County Highway District (ACRD) for Construction of the Ustick Road/Ten Mile Road Intersection Project I. Ada County and the City of Meridian Business Associate Agreement J. Blood Draw Agreement Between Ada County and the City of Meridian K. Reimbursement Agreement with Julius M. Kleiner Park Trust for Add-Alternate Items for aNot-to-Exceed Amount of $130,000.00 De Weerd: Item No. 6 is the Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: As noted on the Consent Agenda, Item 6-G, there is a request to move that to Item -- to No. 7. So, that will be removed from the Consent Agenda. So, with that, Madam Mayor, I move approval of the Consent Agenda as amended and the Mayor to sign and the Clerk to attest. Bird: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as amended. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: Items Moved From Consent Agenda A. Item 6G moved from Consent: Nampa Meridian License Meridian City Council September 20, 2011 Page 5 of 14 Agreement -Water Line Replacement NW 1st. Street at Nampa Meridian Irrigation District's Hunter Lateral De Weerd: Item G was removed from 6-G and we have it now on Item 7. So, I will ask Warren if he would like to introduce this item. Stewart: Madam Mayor, Members of the Council, this item is a license agreement with Nampa-Meridian Irrigation District that will allow us to do a main line replace -- water main line replacement project on 1st Street. It crosses underneath the Hunter lateral, which is piped. The issue which we would like to seek your direction on tonight is, essentially, some wording which is used in the license agreement. We have done many of these over the past, but recently the Nampa-Meridian Irrigation District has changed the boilerplate for their license agreement to include some language which, essentially, states that the city recognizes these features as irrigation ditches and laterals and so forth and that they are not navigable streams or waters of the U.S. Basically what we are asking in this particular case -- the language doesn't necessarily cause us any grief, but it certainly doesn't need to be there. It is irrelevant as far as the granting of the license agreement as we see it and in certain situations in the future if we allow this language to be there it could cause us an issue if it were a stream or a feature that was administered by FEMA as a floodway or that was recognized by the Corps of Engineers as, essentially, waters of the U.S. So, we have a couple of three -- three different options, essentially. One is to go back to Nampa-Meridian and ask them to remove that language in its entirety, see if they will consent to that. Probably another option is to provide them with some alternative language that essentially does not -- where the city, basically, does not commit to that agreement or we can leave it as it is and move forward. So, we are just seeking your direction in what your preference would be for us to do at this time. De Weerd: Thank you, Warren. Any comment from Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: My preference would be to proceed as Warren stated in that order of priority, with the second item just indicating that we understand their determination, but not that we have made a determination, because I don't believe we have the resources or knowledge base to make that determination. Bird: Madam Mayor, I would second that. De Weerd: Okay. Thank you, Mr. Bird. Mr. Zaremba. Zaremba: I'm in agreement with that also. I think the point is that the city doesn't have the resources to make a decision like that or to grant that decision necessarily to Nampa-Meridian from us. Some of those decisions, as you say, are made by FEMA or Meridian City Council September 20, 2011 Page 6 of 14 made by EPA or -- you know, when they impose -- when FEMA and EPA impose requirements on us we can't have some language that makes it look like we gave that up to Nampa-Meridian, because we are the ones that have to perform. So, I agree with what's been said. We should start with asking that that just be removed and absent that the second choice would be to change the language, so that they are the ones making the determination, we aren't. De Weerd: Thank you. Mr. Hoaglun Hoaglun: Madam Mayor, yes. Those are points that I was thinking about as well. I think those are right in line. We should try to get that language out. It's not needed. They are trying to make a point through our contracts with us and if they don't want to do that, well, let's see if we can get that language changed a bit to say, hey, this isn't our fight, because as Councilman Zaremba pointed out, if the federal government comes to us and says this is how you're going to do it, we -- we will have to do that and we can't say, well, Nampa-Meridian Irrigation District told us otherwise and -- and we aren't going to make that determination, we just have to follow what the laws require us to follow. So, I think -- wish you well in your deliberations and discussions with Nampa- Meridian Irrigation District, Warren. Stewart: Thank you. Appreciate the information and the --the advice. De Weerd: Thank you. Hoaglun: Madam Mayor, do we still need to approve that water line replacement? I think, Warren, you said that on -- in this particular issue we know it's a lateral, there is no -- nothing impeding this agreement from going forward; is that correct? Or do you want to take this one, discuss it -- it's not something we need to do right now in approving it? Stewart: Madam Mayor, Members of the Council, we don't need to take any action at this point, because we will take this license agreement back to Nampa-Meridian and try and get the language changed and if we are successful in that we will bring the revised agreement back. Hoaglun: Okay. Thank you. Or, Madam Mayor, thank you. Item 8: Department Reports A. Purchasing Department: Discussion on Agreement for Independent Contractor Services with Titan Technologies for the W. 8th Street Sewer Rehabilitation Project for aNot-To- Exceed Amount of $242,573.10 That is Budgeted Over Fiscal Years 2011 & 2012 Approved on September 13, 2011 B. Purchasing Department: Rescind Lighting Contract Award to Meridian Ciry Council September 20, 2011 Page 7 of 14 Alloway Electric in the Amount of $29,016.94 and Deem as Non-Responsive for 8th Street Lighting Project and Award Contract to Second Lowest Bidder, Power Plus for aNot-to- Exceed Amount of $39,116.50 De Weerd: Thank you. Okay. Item 8 under Department Reports, we will start with the first two items A and B with our Purchasing Department. Watts: Good evening, Madam Mayor, Council. I just have a clarification from a title of -- an item from last week. The independent contractor services agreement with Titan Technologies was listed as 242,573.10 and the actual contract was 220,521 dollars. The 242,573.10 was the spending authority amount and I just wanted to clarify that. De Weerd: Thank you, Keith. Council, any questions? Bird: I have none. De Weerd: Okay. Watts: Thank you. And, then, Item 8-B, staff wishes to vacate that item at this time. Zaremba: Madam Mayor? De Weerd: Okay. Mr. Nary, I don't need an official motion on vacating an item under Department Reports. Nary: No. De Weerd: Okay. Mr. Zaremba. Zaremba: I was going to ask back on A, do we need an official action to recognize the difference between what we approved last week and what it should have been last week? De Weerd: I believe that would come back as a change order, so -- Nary: Madam Mayor, Members of the Council, yeah, the contract you approved -- I think all Mr. Watts was planning to do is the contract you approved was for the appropriate amount of 220,000. The title reflected some additional contingencies, if necessary, but since that would have to come back in the form of a change order and you still have to approve that, you don't have to take any action today. C. Clerks Office: Discussion on Official City Seal De Weerd: Okay. Thank you. Okay. Item 8-C is our Clerk's Office and I will turn this over to Madam Clerk. Meridian City Council September 20, 2011 Page 8 of 14 Holman: Madam Mayor, Members of the Council, per your direction last week I went back to the gentleman that's been putting together the design of the new city seal and had him incorporate your requested change of adding the word seal to it, so this is the newest -- newest one that we have. So, you also have hard copies in front of you. So, I'm seeking your direction if this is what you were wanting and how you think it looks. De Weerd: Thank you, Jaycee. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I like it. It's nice and clean and even though I was suggesting that we have the pie crust border around it, I like this with the solid border and I think it looks good and I think it would look good to have a rendition of this on the wall right behind where the Mayor is as well. De Weerd: With seal or without seal Zaremba: It could say seal. The Eagle one does. Bird: I'm not volunteering to make it this time. Hoaglun: Madam Mayor, do we need a motion on this? De Weerd: Yes. Hoaglun: Okay. Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of the official city seal as presented by the Clerk's Office and that is before us and part of the public record. Bird: Second. De Weerd: I have a motion and a second. Any discussion? Zaremba: Yes. Do we -- since this is an official thing -- imprint of the city on official documents, do we need to establish a date that it goes into effect that gives the clerk time to have the new one made and -- Nary: Madam Mayor? De Weerd: Mr. Nary. Meridian City Council September 20, 2011 Page 9 of 14 Nary: Madam Mayor, Members of the Council, you will actually get an ordinance come back in front of you, so if you would give a direction to the date when you'd like it to be effective, we will reflect that in the ordinance. But you actually have an ordinance that spells out the specifics of what the seal looks like and so we will bring that change and we can put an effective date of whatever Madam Clerk thinks is appropriate. Zaremba: The actual date doesn't make a difference to me, but I think we should clearly date when the old seal stops being in effect and the new seal begins being effective, whatever that date is convenient -- Nary: We can't make it for -- sorry, I didn't mean to interrupt you. Since make it for -- I think October 1 might be a little close, I would guess -- that you wanted to do it either at the beginning of the calendar year, so you know 2012 on forward they are all going to be different -- it's up to you. Zaremba: For the record and people looking back 20 years from how, I would think the Calendar year starting January 1st would be -- would make sense to me. De Weerd: Does Madam Clerk have any comment on that? Holman: Madam Mayor, Members of the Council, it can be effective as soon as you want it to be. It would just be when we publish the ordinance. Sometimes it's just effective upon the first date it's published, but if you want to wait until the beginning of next year, that's fine with me. De Weerd: Or a new budget year. October 1st. Holman: Madam Mayor? De Weerd: Yes. Holman: The gentleman who is putting this together for us, he can have them -- I had told him it would be great if we could have it before the beginning of the budget year as far as printing up the new embosser and the stamp, so it wouldn't be a problem to have it done by October 1st. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: In that case I would be happy to make it October 1st. I just think there needs to be a firm date in the record that the old seal stops and the new seal starts. De Weerd: Thank you. Mr. Hoaglun Meridian City Council September 20, 2011 Page 10 of 14 Hoaglun: Yes. I would amend my motion to include that this new seal would be used starting October 1 of 2011. Bird: Second agrees. De Weerd: Okay. Any further discussion? Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. D. Legal Department: Discussion of Public Parking Lot Partnership with Meridian Development Corporation (MDC) and The Masonic Lodge De Weerd: Item 8-D is discussion about a parking lot partnership. Council, in front of you you do have the agreement that was in front of the Meridian Development Corporation and we did put this -- when the Urban Renewal District was approved they were tasked with parking and the city kind of turned over our public lots and our public agreements that the Masons would like to have the city involved in this agreement, along with the Meridian Development Corporation. As their elected officials, they feel that that will help add the validity to -- to the arrangement and they are more comfortable with that kind of arrangement, since longer term their agreement in the past has been with the city. So, Council, that's the reason in front of -- that agreement is in front of you today. Mr. Nary has taken a look at this, this was prepared by the counsel from MDC and I believe that it was approved by the Masonic Lodge as well. Any questions, discussions? Mr. Nary, anything you want to add? Nary: Madam Mayor, Members of the Council, in speaking with Council for the MDC, I think this is intended to go on their board's agenda for their next meeting, which I think is next week, and so if -- if you were agreeable to this, the only difference between this and what MDC has already seen is the city is listed as a party and a signator. All the responsibilities is still MDC's to carry out. So, their really isn't any requirement for the city to do anything specifically. I think the comfortable level for the Masons is the city will always be here and the MDC may not and so I think they feel comfortable that the city is at least a partner to this agreement, even though we don't have any specific responsibilities today. Hoaglun: Madam Mayor, question for Bill. Bill, this agreement -- this lease is only -- there is going to be continuing six month leases? Nary: Madam Mayor, Members of the Council, Council Member Hoaglun, you know, I didn't have an opportunity to discuss that with Mr. Borton. I noticed it was only for six months. I don't know if their intent was to bring back a six month lease and, then, Meridian City Council September 20, 2011 Page 11 of 14 annual after that. I think they were trying -- my understanding was they were trying to finalize all the details and so I think that's why it's a short time frame. But I think the work has either been done or needs to be done, so, I would anticipate in six months we will probably get another agreement and that may be for six months or a year. De Weerd: I think when a new agreement comes back it will be a longer term. This was kind of that first relationship step. So, any further questions from Council? Rountree: I have none. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I would move that we authorize the Mayor to sign and the Clerk to attest this lease agreement after Meridian Development Corporation has signed it. Rountree: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 9: Ordinances A. Third Reading of Ordinance No. 11-1488: Precious Metal Dealers Ordinance De Weerd: Under Item 9 is the third reading of Ordinance 11-1488. Madam Clerk, will you, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. The third reading of City of Meridian Ordinance No. 11-1488, an ordinance amending Meridian City Code Section 3-5-2A regarding pawn brokers dealing in precious metals, amending Meridian City Code, Section 3-5- 964 regarding pawn broker records. Adding a riew chapter, Chapter 9, to Title 3, Meridian City Code, regarding precious metal dealers„ definitions, applicability and exemptions, license required, application and procedures, operating requirements for regulated transactions involving type one precious metals, operating requirements for regulated involving type two precious metals, prohibited acts by precious metal dealers, penalties and enforcement, providing a severability clause and providing an effective date. Meridian City Council September 20, 2011 Page 12 of 14 De Weerd: You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Okay. Once again I would like to thank those that helped serve on the taskforce that took a look at this. I believe there were ten different points that were brought up, changes that were made, compromises, improvements to the -- the original draft that was brought in front of this Council. So, thank you. Council, any discussion? Bird: Madam Mayor? De Weerd: Mr. Bird. Oh. Bird: I have none, but I will make a motion. De Weerd: Okay. Mr. Bird. Bird: Madam Mayor, hearing no discussion, I move that we approve Ordinance No. 11- 1488. Hoaglun: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Ordinance No. 11-1495: An Ordinance Repealing Title 1, Chapter 13 of the Meridian City Code and Dissolving the Economic Development Corporation Which Was Created for the Purpose of Issuing Industrial Development Bonds for the Micro 100 Tool Corporation De Weerd: Thank you. Item 9-B is Ordinance 11-1495. Madam Clerk, will you, please, read this by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 11-1495, an ordinance repealing Title 1, Chapter 13, Meridian City Code, regarding Economic Development Corporation, providing for a waiver of the reading rules and providing an effective date. Meridian City Council September 20, 2011 Page 13 of 14 De Weerd: You have heard this ordinance read by title only. Is there anyone who would like to hear this read in its entirety? Okay. Council, seeing none, do I have a motion to approve? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 11-1495 with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second. If there is no discussion, Madam Clerk, roll call, please. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 10: Future Meeting Topics De Weerd: Item No. 10 is future meeting topics. Council, I don't have any items from my office at this time. Is there anything from Council? Bird: Nothing here. Rountree: I have nothing. De Weerd: Okay. Well, with that we are at the end of our agenda and if any of the students that are here would like a city of Meridian pin for making it through an entire agenda, I will meet at the end. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we adjourn. Bird: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council September 20, 2011 Page 14 of 14 MEETING ADJOURNED AT 7:36 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ~ I l Dl ~- MAYOR MY De WEERD DATE APPROVED o~,~~~q~~~~ God AT'~ T: J CE . HOLMAN, C TY CLERK Caty of E ID~AN~- IOANO a ~C VYL ~J.r V ~~r~ ~~~~ ~°f r,~ ra~~~~4 Meridian City Council Meeting DATE: September 20, 2011 ITEM NUMBER: 5q PROJECT NUMBER: ITEM TITLE: Proclamation for Constitution Week MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~iy(E IDIAN~- The Of&ce of the Mayor PROCLAMATION Whereas, The Constitution of the United States of America is a guardian of our liberties, and embodies the principals of our government to be ruled by law, not people; and Whereas, September 17, 2011, marks the two hundred twenty-fourth anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and Whereas, it is fitting and proper to accord official recognition of this document and its memorable anniversary; and to the patriotic celebrations which will commemorate the occasion; and Whereas, Public Law 84-915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week, Therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim the week of September 17 through 23 as Constitution Week in the City of Meridian and call upon the people of our community to join their fellow citizens across the United States in recognizing and participating in this special observance. Dated this 20th day of September, 2011. Tammy de Weerd, Mayor Charlie Rountree, City Council David Zaremba, City Council Keith Bird, City Council Brad Hoaglun, City Council Meridian City Council Meeting DATE: September 20 2011 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: Approve Minutes of September 6, 201 1 City Council Regular Meeting MEETING NOTES ~~~~ 4 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 20, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approve Minutes of September 13, 2011 City Council Workshop Meeting MEETING NOTES I~ ,,.,,,,~,~d ~ ~ ... Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 20, 2011 ITEM NUMBER: 6C PROJECT NUMBER: ITEM TITLE: Release of Easements to Hermis Sparks and Bittercreek, LLC. MEETING NOTES ~~' Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E IDIAN~-- Public ~ D A H O Works Department Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba TO: Mayor Tammy de Weerd Members of the City Council FROM: John Boyd Engineering Technician II DATE: September 13, 2011 SUBJECT: Release of easement to Hermis Sparks &Bittercreek, LLC. (NEXT AVAILABLE CONSENT AGENDA) I. RECOMMENDED ACTION A. Move to: 1. Approve the release of easement to Hermis Sparks &Bittercreek, LLC. 2. Authorize the Mayor to sign the easement release. II. DEPARTMENT CONTACT PERSONS John Boyd, Engineering Technician II Clint Dolsby, Asst. City Engineer Warren Stewart, PW Engineering Manager Tom Barry, Director of Public Works 489-0364 489-0341 489-0350 489-0372 Page 1 of 2 III. DESCRIPTION A. Background The Bittercreek Project has been dissolved and the City no longer needs the easement from Hermis Sparks &Bittercreek, LLC. B. Proposed Project The language in Section 5.7 of the Bittercreek Nullification Agreement states that the City "will transfer, release OR reinstate any easement...." As the Grantee of those easements, .the City must release (relinquish) our interest in the easements, as these documents will do. The Grantors must then proceed to grant a new easement to the party who will be responsible for the water and sewer service (BWSA). The City doesn't have the power to transfer its interest without the consent of the Grantors, and after the City releases its interests, it is up to the Grantor to move forward on a new easement. This easement release meets the Bittercreek Nullification Agreement requirements. IV. IMPACT A. Fiscal Impact: Total Costs $0.00 V. LIST OF ATTACHMENTS A. Release of Easement Sparks &Bittercreek, LLC. Approved for Council Agenda: ~ t Warren Ste art, Engineering Manager Da e Page 2 of 2 ADA COUNTY RECORDER Chrlstapher D. Rlch AMOUNT .00 E BOISE IDAHO 09!21111 10:20 AM DEPUTY Bonnie06erbllll0 III IIII'lllllllllllll'IIIIIIIIIIIIIII RECORDED-REQUEST OF 111075972 Meridian Ciry CITY OF MERIDIAN RELEASE OF EASEMENT WHEREAS, by easement dated February 16, 2007 and recorded as Instrument Number 107033597 in the records of Ada County, State of Idaho, Bittercreek LLC and Charlotte and Hermis Sparks granted to the City of Meridian, an Idaho Municipal Corporation, a sanitary sewer and water main easement for the construction, operation and maintenance of sanitary sewer and water main lines over and across the real property described in said instnunent number, and WHEREAS, pursuant to a Nullification Agreement executed on June 16, 2011 and recorded as Instrument Number 111050751 in the records of Ada County, State of Idaho, Bittercreek LLC and the City of Meridian and other parties to the Nullification Agreement agreed to mutually release each other from any further obligation to build, construct, pay for, and/or maintain any sewer or water service line to the City of Meridian, and WHEREAS, because the City of Meridian has been released from its obligations with regard to the sewer and water service lines, it is appropriate that the City, as grantee, to release its interest in the easement set forth in Instrument Number 107033597 in the records of Ada County, State of Idaho. NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby release and abandon the said rights and easements hereinabove referred to and described, with the intent that the same shall forthwith cease and be extinguished. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this 20~`day of September, 2011. CITY OF MERIDIAN \~y~~ ~iui~r,^ ;js •.;. r,, , r if Ta y d eerd, Mayor _ , ~ ~ ~ _ ee ohnan, City lerk y~ 4~~~,,r ,,-~ ~~~~'~?R STATE OF IDAHO ) ''a. C'C?U;ti"<+.~ ~ '~ `: ss County of Ada On this~~ day of ~2 p}ervtbeJ~ , 2011 before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed We same. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year ~q tJ>,iS~certificate first above written. ~S;' OTA ~ ~+°~N: (SEAS,) ~ No y Pu tic fo d r • Residing at: d1,r~ l ,. ~ y ' % Commission expires: • `, ~.~i ~' u131,tG, O i ' ADA COUNTY RECORDER J. DAVID NAVARRO AMOURI .00 I 8018E IDAHO 09/08101 01:30 PM DEPUTY Paltl Thompean RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIII111111IIIIIII III t Clty sl Metldlan 197t333S97 SANITARY SEWER AND WATER 11~IAIN EASEMENT THIS IIVDENTUR$, made this. ~ day of , 20~between 13ittercreek, LLC and Charlotte and Hermis Sparks, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water 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 Grantors, and other good and valuable consideration, the Orantors do hereby give, grant and convey unto the Granteetheright-of--way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described properly: (SEE ATTACHED EXHIBIT A) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and 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 andright-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. Sanitary Sewer and Water Main Easement BCLLC Clty ofMerldian Sanitary Sewer Pagp ~ ^f `+i THE GRANTORS hereby covenant and agree that they will not place or allowto 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 GRANTORS hereby covenant and agree 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, Iheti, 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 GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. ;k, LLC Jewett i Sparks Member ~~ s ~~~ Charlotte Sparks STATE OF IDAHO ) ss County of Ada ) On this 2d~~ day of Few, 2()gZ, before me, the undersigned, aNotary Public in and for said State, personally appeared James L. Jewett and, known or identified to me to be the Managing Member of Bittercreek, LLC, and Charlotte Sparks and Hermis Sparks, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. Sanitary Sewer and Water Main Easement BCLLC City of Meridian Sanitary Sewer ~a ~.c~ IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year GRANTEE: Tammy de Attest by William G. Approved By City Council On: STATE OF IDAHO, ) ss. County of Ada ) NOTARYPU~y,LIC FOR IDAHO Residing at: /I'lQ,r,o~,a„ Commission Expires: 11 ' 0l3 ,y `5, 1111,:; 1:1:~~.: ~].~1 I, / a'i{ ~b '~' '-% $~~~~~ e On this ~rcl day of ~~11 Cti1('~'1 , 20D`l, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and Ciry Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. 1N WITNESS~WHEREOF, I have hereunto set my hand end affixed my official seal the day and year first above written. .fit' l(ti~l V77 OLti~ ~`1U~--~ . (SEAL) Sanitary Sewer and Water Mein Easement BCLLC City of Meridian NOTARY PUBLIC FOR IDAHO Residing at: I'~'Ue. L~:w~ .Jc~f Commission Expires: l___l(~____--1 S~ - I l Sanitary Sewer Pa~~s..L.~~ ~~ w \~ ~ ~ ~p ~ti ~..._.f~ : i i i i ~~I- • • - •1-~@: ~~'~~j ~_! I ~, pY ,,.~,.~ . "yY 1 ~ ! ~- ' ~ ~. ~r~ ~:~ iin an iiu o~~ titi ~ ~~ ~O[.,U ~a tl; `~ k .$ ~~~ ~~ 0 ~~ ~~ m ~,_ ~a 'A e66aeY ~OM~ ~~ ~~ ~~ ~~ x lye ------~- a-~I ARR~W fiPS, BOUNDARY, 'PDPOGRAPFIIC ANDA.L,T.A. SURVBYS CONSTRUCr10N STAKING land Surveying, Inc.. 3D scANNArG _ 1121 E. 5tafe Street Suite 198 Eagle, Idaho 83616 offlee: 1-298-939-7378 fax: 1-298-939-7321 Job No. 06217 J.B.F, 2-14-07 LEGAL DESCRIPTION FOR CITY OF MERIDIAN 50' Force Main Sewer and Water Easement Exhibit "A" A 50 foot Force Main Sewer and Water Easement that is 25 feet each side of the following centerline located in the North 1/2 of the Northwest 1/4 of Section 34, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho described as: Commencing at the Northwest comer of Section 34, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho end canning thence S89°1716"E 1160.74 feet along the North line of said Section to the Point of Beginning;lhenFe S00°42'48"W 204.91 feet; thence N89° 17' 12"W 310.00 feet; thence S00°42'48"W 403.55 feet to a point of curve; thence Southeasterly 408.83 feet along said curve to the left (Curve data: Radius=685.00', Delta=34°11'46", Chord Bearing and Distance=S16°23'05"E 402.79 feet); thence S33°28'24"E 126.61 feet to a point of curve; thence Southeasterly 146.42 feet along said curve to the left (Curve data; Radius=150.00', Delta=55°55'44", Chord Bearing and Distance=S61°26'lb'~ 140.68 feet); thence S89°24'08"E 15.00 feet; thence N00°35'52"E 25.00 feet to a point of teminus marking the center of a 50 foot radius to be included in said easement area. Fa ~ BLACKCAT ROAD _ _ ~ ~ - yFl= ~ W~~ ZZ~ ~ 70~.'~ I t ~ ' i I I I I ~ V I i ~ ~ I ~ .; f~v .~ ~ i I ,I~ I i 1 I _ L_ i I I ~ ~~ o ~ ~~ ,. ,9 .. :' ; ~~ ~ - ~ ~ _.._.~ 7-104.8. -I ~1 lii I ~, I I ' rte--~, _ _ -'~i _ l i % I ~ I r _, _. _. __ - ~ - - -_ .: ~ -- ~ 6~ I 7 ~ G ~ S. 34 T.3 N., R.1 E.,B.M. CITY OF MERIDIAN DATBr s-7 -07 ,qj/~~' OF Ll1VD SURV6YIN0, WC. '~.~ ~ DRep~y, BYr JB! OB^2/7 nsr c ne>rE srertr su~rz roe; uew rau~o sss-e 1 3 (we) ar,-snu ra (mslar,-sssr cac~, e» avc MeriClan Clry Coundl February 27, 2007 Page 4 of 99 O. Permanent Sewer Easement Contract for Mason Creek .Lift Station and Pipelines Protect with Bittercreek, LLC and Charlotte and Hermis Sparks: P. Permanent Sanitary Sewer Easement Contract for Mason Creek Lift Station and Pipelines Protect with Bittercreek. LLC.: Q. Approve Black Cat Phase 3 Authorization for Additional Services No. 2 for Black Cat Trunk Sewer and Lift Station Proiect with JUB Engineers for $15,000.00: R. Permanent and Temporary Easement Right-of-Way Contract for Black Cat Sewer Phase 4 with Aoratos, LLC, Evans Real Estato Investments, LLC, Strada Commercial, LLC, and Strada Bellissima Commercial Association, Inc.: S. Permanent and Temporary Easement Contract for Black Cat Trunk Phase 4 Proiect with Aoratos. LLC: T. Permanent and Temporary Easement Contract #or U. Permanent- and Temporary Easement Contract for Black Cat V, Permanent and Temporary Easement Gontract for Black Cat Trunk Phase 4 Proiect with Strada Commercial. LLC: W. Approve Building Lease Extension with William A. Hon Family Limited Partnershto for general office apace at 660 East Watertower Lane: X. Approve Performance Contract with New Heritage Theatre Company De Weerd: Item 5, Consent Agenda. Bird: Madam MayorT De Weerd: Mr. Bird. Meddian Clty Caundi February 27, 2007 Papa 5 of BB Bird: On the Consent Agenda, Item B, resolution, hes been asked to be tabled to March 27th. And the rest of them would stay as Is. I move that we approve the revised Consent and the Mayor to sign and the Clerk to attest on all papers. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda as revised. Is there any discussion? Hearing none, Mr. Berg. Roll-Call: Bird, yea; Rountree; absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 8: Department Reports: A. Mayors Office: Appointments to the Arts Commission: De Weerd: Okay, Counsel, I gave you a group of resumes about a month ago on my suggestions for appointments to the Arts Commission and they are as follows: Meg Glasgow, who is a business owner here In town and also an artist. Dwight Williams, an artist and a photographer. Sandra Cavanaugh, who is artistic director of New Heritage Theatre. David Stolhand, who is president of the Meridian symphony. Nancy Rountree, our citizen aC large, and I did Ilke how the Statesman put it, our enthusiast. And Fred Shaddtck, who Is a teacher at Mountain View High School in their theater arts. So, those would be my recommendations for appointment as charter members of our newly formed Arts Commission. Zaremba: Madam Mayo~T De Weerd: Yes, Mr. Zaremba. Zaremba: What Is your choice? Do you wish us to vote on them Individually or can we make a motion to vote on them as a group? De Weerd: If you don't have any issue with any of the individuals, I think it would suffice as a group appointment. Bird: Madam Mayor, I got one question on time Ilmit. Is all of them on the same time or is it -- or have you got time limits. Of course, I don't care one way or the other. De Weerd: Yeah. Mr. Bird, we will be developing bylaws and a structure. That's one of the first tasks that this commission will have. So, they -- we have met Informally just to kind of outline roles, expectations, interests and give them an opportunity to ask questions or perhaps even know what they are getting themselves into. So, those kind Meridian City Council Meeting DATE: September 20 2011 ITEM NUMBER: 6D PROJECT NUMBER: ITEM TITLE: Release of Easement to Bittercreek, LLC. MEETING NOTES ~P~,`e`O Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS q'o~l ~ ~ ~- T ~~COYd~S oT'i 1~e l {~ „ E IDIAN~- Public ~ D A H O Works Department Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba TO: Mayor Tammy de Weerd Members of the City Council FROM: John Boyd Engineering Technician II DATE: September 13, 2011 SUBJECT: Release of easement to Bitterereek, LLC. (NEXT AVAILABLE CONSENT AGENDA) I. RECOMMENDED ACTION A. Move to: 1. Approve the release of easement to Bittercreek, LLC. 2. Authorize the Mayor to sign the easement release. II. DEPARTMENT CONTACT PERSONS John Boyd, Engineering Technician II Clint Dolsby, Asst. City Engineer Warren Stewart, PW Engineering Manager Tom Barry, Director of Public Works 489-0364 489-0341 489-0350 489-0372 Page I of 2 III. DESCRIPTION A. Background The Bittercreek Project has been dissolved and the City no longer needs the easement from Bittercreek, LLC. B. Proposed Project The language in Section 5.7 of the Bittercreek Nullification Agreement states that the City "will transfer, release OR reinstate any easement...." As the Grantee of those easements, the City must release (relinquish) our interest in the easements, as these documents will do. The Grantors must then proceed to grant a new easement to the party who will be responsible for the water and sewer service (BWSA). The City doesn't have the power to transfer its interest without the consent of the Grantors, and after the City releases its interests, it is up to the Grantor to move forward on a new easement. This easement release meets the Bittercreek Nullification Agreement requirements. N. IMPACT A. Fiscal Impact: Total Costs V. LIST OF ATTACHMENTS A. Release of Easement Bittercreek, LLC. Approved for Council Agenda: arren tewart, Engineering Manager $0.00 r D e Page 2 of 2 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 11 8015E IOANO 09121!11 10:20 AM DEPUTY Bonnie 06erbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIII III III RECORDED-REQUEST OF 1 1 1 075973 Meridian Clry CITY OF MERIDIAN RELEASE OF EASEMENT WHEREAS, by easement dated February 16, 2007 and recorded as Instrument Number 107033596 in the records of Ada County, State of Idaho, Bittercreek LLC granted to the City of Meridian, an Idaho Municipal Corporation, a sanitary sewer and water main easement for the construction, operation and maintenance of sanitary sewer and water main lines over and across the real property described in said instrument number, and WHEREAS, pursuant to a Nullification Agreement executed on June 16, 2011 and recorded as Instrrment Number 111050751 in the records of Ada County, State of Idaho, Bittercreek LLC and the City of Meridian and other parties to the Nullification Agreement agreed to mutually release each other from any further obligation to build, construct, pay for, and/or maintain any sewer or water service line to the City of Meridian, and WHEREAS, because the City of Meridian has been released from its obligations with regard to the sewer and water service lines, it is appropriate that the City, as grantee, to release its interest in the easement set forth in Instrument Number 107033596 in the records of Ada County, State of Idaho. NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby release and abandon the said rights and easements hereinabove referred to and described, with the intent that the same shall forthwith cease and be extinguished. IN WITNESS WHEREOF, THE CITY Q~' MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this day of September, 2011. CITY OF MERIDIAN ~`"~~Y~FuE;fl~y;''~~ , \~\' ~ `..ems` ^~ ~ IJ ~ Y~~~an~7,p~\ ~ 4 Ta d eerd, Mayor - ~u„ , .. ATTEST ~%' ee ohnan, City lerk ~ ;. -7c1 ~' ~'r t ri • ~~~ .gyp STATE OF IDAHO ) ''!~G;, t~.JFdT,'I ' ,,~~` \ County of Ada ) On this~Q_ day of cSeA}2M~g_.N, 2011 before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in t1~r~~C Fefirst above written. ' ~ • Q,RY ~ tiV ~ (SEAL) ~~; O 't p~ z o ary Public fo daho V ' x; ~W ~ ~` ; Residing at: a.~ l ; ~~~;'~ • Commission expires: ,n L y •::: ADA COUNTY RECORDpI J. DAYID NAYARRO AMOUNT .00 6 IOME IDAIp 03101107 01:36 PM pp YY1N1 DERRY Pallihampaan II~I~II~~~BII~~~~~~~~~~~~~~~~~~~~~~ RECORDED-REOUEIT OF 107033596 dry rt Mwidlan SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this j~. day of-y~g~D , 2(~between Bittercreek LLC, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water 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 Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS D and C) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and 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 properly 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. Sanitary Sewer and Water Main Easement Sanitary Sower BCLLC City of Meridian { THE GRANTORS hereby covenant and agree that they 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 GRANTORS hereby covenant and agree 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 GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. ;k LLC ~~ Jewett, aging member STATE OF IDAHO ) ~ ss County of Ada ) On this 1~ day of , 2(1',~ before me, the undersigned, a Notary Public in and for said State, personally apps ed James L. Jewett and, known or identified to me to be the Managing Member, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS ~~'.~'~ hereunto set my hand and affixed my official seal the day and year fistA~ipr$~~~eE[ ' • '•, ~ , z NOTARY PU IC FOR IDAHO Residing at: Commission Expires: - GRANTEE: CITY OF MERIDIAN Sanitary Sewer and Water Main Easement BCLLC City of Meridian Sanitary Sewer PageS___~ ~ _ Tammy de Attest by William G. Approved By City Council On: STATE OF IDAHO, ) ss. County of Ada ) +~ ta`O $~~";~I, w , ~ ,~, Clerk ~;~ 7 ~r ray . ;~ . On this L rt ~~ day of ~ ~ ~~L I GL ~ , 2(>_7, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and WILLIAM G. BERG, JR., known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed 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 yeaz first above written. (SEAL) S! ~Gl, l r~ 117) L~`~~ NOTARY PUBLIC F`OR IDAHO Residing at: •T'k` 11~G'l ~~ Commission Expires: /; ~ / S = / / Sanitary Sewer end Water Main Easement Sanitary Sewer., _, BCLLC City of Meridian oaRe x A R R •~/ Gt'S. BOUNDARY, ~ 'PDPOGRAPHIC AND A.LT.A. ~ SURVEYS land SurY@ in ' coN ~ G~O y g, 11M• DS CANNIN 1121 E. State Street Suib 1/5 Ea/le,Idaho 83616 offiee: 1-2/8-939-7979 fax: 1.2/6-939-7321 Job No. 06217 J.B.F. 2-]4-07 LEGAL DESCRII'T'ION FOR CITY OF MERIDIAN Sewer and Water Easement Exhibit "D" A Sewer Easement that is located in the North 1/2 of the Northwest l /4 of Section 34, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho described as: Commencing at the North Quarter comer of Section 34, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho and running thence 589° 18' 18"E 1307.13 feet to the Northeast comer of the Northwest 1/4 of the Northeast 1/4 of said Section; thence 500°38'53"W 1325.77 feet to the Southeast wmer of the Northwest 1/4 of the Northeast 1/4 of said Section; thence N89°21'00"W 312.00 feet along the South line of the Northwest 1/4 of the Northeast 1/4 of said Section to the terminus point of South Bittercreek Ave.; thence 500°38'53"W 89.22 feet to a point of curve; thence Southwesterly 347.97 fcet along said curve to the right (Curve data: Radius=200.00', Delta=99°41' 11', Chord Bearing and Distance= S50°29'28"W 305.71 feet); thence N79°39'56' W 196.12 feet to a point of curve; thence Westerly 326.33 feet along said curve to the left (Curve data: Radius=500.00', Delta=37°23'41 ", Chord Bearing and Distance=581 °38' 13"W 320.57 feet) to a point of reverse curve; thence Westerly 192.78 feet along said curve to the right (Curve data: Radius=400.00', Delta=27°36'50", Chord Bearing end Distance=576°44'48"W 190.92 feet); thence N89°26'47"W 1217.28 feet; thence N00°00'00"E 295.08 feet to a point of curve; thence Northerly 151.7ti feet along said curve to the right (Curve data: Radius=1020.00', Delta~8°31'29", Chord Bearing and Distance=N04°15'45"E 151.62 feet); thence N76°10'41"W 25.10 feet to the Point of Beginning (said point also being a point on a curve); thence Southerly 30.17 fcet along said curve to the left (Curve data: Radius=1045.00', Delta=l °39' 14", Chord Bearing end Distance=S7°49'29"W 30.17 feet); thence N76°10'41"W 153.47 fcet thence N66°00'00"W 112.52 feet to a point on a curve; thence Northeasterly 31.52 feet along said curve to the left (Curve data: Radius=50.00', Delta=36°07' 19", Chord Bearing end Distance=N34°17'00"E 31.00 fcet); thence 566°00'00"E 107.12 feet; thence 576°10'4l"E 144.79 feet to the point of beginning. i-•---~~ • i i i i ------ r"~...I_..L..L..1..----- ~"-'~1~~ ~ I L ~- C~~ ~ k~==;=_. ~ I .; - 1 ••1 . s•~~i \~ ~ ti I . 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B.M. ~ g CITY OF MERIDL9N trnm suRt~rnvc Svc °"~' :-,•-°~ ~~ sasar o~ , . rrtr t n~rr snortr zerr rear cwt ~ ae-e ~ ~ e1Lnv. sr• .ler 08-217 (aoe) eye-sas~a nur (aal~ur-nrfr alcm, en avc 1 3 N ARR ~/ GPS,BOUNDARY ToroGRaeHICnNna~Ta suxvt:rs , CONStRUCr10N STAKING land Surveying, Inc. 9DSCANNING- 1121 E. Sfota Sinst Sulu lti5 Eapl~, tdaho 83616 offlc~: 1-2Y8.939-7378 fax: 1-~-999-7321 Job No. 06217 J.B.F. 2-14-07 LEGAL DESCRIPTION FOR CITY OF MERIDIAN 50' Sewer and Water Easement Exhibit "C" A 50 foot Sewer and Water Easement that is 25 feet each side of the following centerline located in the North 1/2 of Section 34, Township 3 North, Range 1 West of the Boise Meridian, Ada County, Idaho described as: Commencing at the North Quarter corner of Section 34, Township 3 North, Mange 1 West of the Boise Meridian, Ada County, Idaho and mooing thence 589°18' 18"E 1307.13 feet to the Northeast comer of the Northwest 1/4 of the Northeast 1 /4 of said Section; thence 500°38'53"W 1325.77 feet to the Southeast comer of the Northwest 1/4 of the Northeast 1/4 of said Section; thence N89°21'00"W 312.00 fcet along the South line of the Northwest 1/4 of the Northeast 1/4 of said Section to the •temunus point of South Bittercreek Ave. (said point being the Point of Beginning); thence 500°38'53"W 89.22 feet to a point of curve; thence Southwesterly 347.97 feet along said curve to the right (Curve data: Radius~I00.00', Delta=99°41' 11', Chord Bearing and 1)istance= S50°29'28"W 305.71 feet); thence N79°39'56' W 196.12 feet to a point of curve; thence Westerly 326.33 feet along said curve to the left (Curve data: ]radius=500.00', Delta=37°23'41 ", Chord Bearing and Distance=581 °38' 13"W 320.57 feet) to a point of reverse curve; thence Westerly 192.78 fcet along said curve to the right (Curve data: Radius=400.00', Delta~7°36'50", Chord Bearing and Distanc~S76°44'48"W 190.92 feet); thence N89°26'47"W 1217.28 feet; thence N00°00'00"E 295.08 fcet to a point of curve; thence Northerly 151.76 feet along said curve to the right (Curve data: Radius= 1020.00', Delta~8°31'29", Chord Bearing and DistancemN04°15'45"E 151.62 fcet) to a point of laminas. 1 .+f0 ~L9aBS scwwre [o-i,-s Irv ~M '9M.f&18IlLS' QNP! N6'IQIN,TAr af0 .i,LI~ o Ar'8 '.T r X `tV s:L ~~' %s o ~ 1 f'1 ~~ ~ . .. ,. .. .~ e Meridian qty Camdl February 27, 2007 Pape 4 of 99 O. Permanent Sewer Easement Contract for Mason Creek Llft Station and Pipelines Project with Bittercreek. LLC and Charlotte and Hermis Saarks: P. Permanent Sanitary Sewer Easement Contract for Mason Creek Lift Station and Pipelines Project with Bittercreek. LLC.: Q. Approve Black Cat Phase 3 Authorization for Additional Services No. 2 for Black Cat Trunk Sewer and Lift Station Protect with JUB Ens~ineere for;15,000.00: R. Permanent and Temporary Easement Right-of--Way Contract for Black Cat Sewer Phase 4 with Aoratos, LLC, Evans Real Estate Investments, LLC, Strada Commercial, LLC, and Strada Bellissima Commercial Association, Inc.: S. Permanent and Temporary Easement Contract for Black Cat Trunk Phase 4 Protect with Aoratos. LLC: T. Permanent and Temporary Easement Contract for U. Permanent and Temporary Easement Contract for V. Permanent and Temporary Easement Contract for Black at Trunk Phase 4 Protect with Strada Commercial. LLC: W. Approve Building Lease Extension with William A. Hon Famliv Limited Partnerehia for general office space at 660 East Watertower Lane: X. Approve Pertormance Contract with New Heritage Theatre Comeanv De Weerd: Item 5, Consent Agenda. Bird: Madam Mayor'T De Weeni: Mr. Bird. .• t MarldHn Gty Coundl February 27, 2007 Pape 5 of 98 Bird: On the Consent Agenda, Item B, resolution, has been asked to be tabled to March 27th. And the rest of them would stay as is. I move that we approve the revised Consent and the Mayor to sign and the Clerk to attest on all papers. Zaremba: Second. De Weerd: Okay. I have a motion and a second to approve the Consent Agenda as revised. Is there any discussion? Hearing none, Mr. Berg. Roll-Call: Bird, yea; Rountree; absent; Zaremba, yea; Borton, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Department Reports: A. Mayors Office: Appointments to the Arts Commission: De Weerd: Okay. Counsel, I gave you a group of resumes about a month ago on my suggestions for appointments to the Arts Commission and they are as follows: Meg Glasgow, who is a business owner here in town and also an artist. Dwight Williams, an artist and a photographer. Sandra Cavanaugh, who is artistic director of New Heritage Theatre. David Stolhand, who is president of the Meridian symphony. Nancy Rountree, our citizen at large, and I did like how the Statesman put it, our enthusiast. And Fred Shaddick, who is a teacher at Mountain View High School in their theater arts. So, those would be my recommendations for appointment as charter members of our newly formed Arts Commission. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: What is your choice? Do you wish us to vote on them individually or can we make a motion to vote on them as a group9 De Weerd: If you don't have any issue with any of the individuals, 1 think it would suffice as a group appointment. Bird: Madam Mayor, I got one question on time limit. Is all of them on the same time or is it -- or have you got time limits. Of course, I don't care one way or the other. De Weerd: Yeah. Mr. Bird, we will be developing bylaws and a structure. That's one of the first tasks that this commission will have. So, they - we have met informally just to kind of outline roles, expectations, Interests and give them an opportunity to ask questions or pefiaps even know what they are getting themselves into. So, those kind Meridian City Council Meeting DATE: September 20, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Water Main Easement Agreement with Steven and Linda Eisele MEETING NOTES ~tC4 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E IDIAN~-- Public ~ D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Brent A. Blake, Engineering Technician II DATE: September 1, 2011 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: WATER MAIN EASEMENT AGREEMENT WITH STEVEN AND L1NDA EISELE. (NEXT AVAILABLE CONSENT AGENDA) L RECOMMENDED ACTION A. Move to: Approve the Sanitary Sewer and Water Easement Agreement with Steven and Linda Eisele. 2. Authorize the Mayor to sign the easement. II. DEPARTMENT CONTACT PERSONS Brent A. Blake, Engineering Technician II (Project Manager) 489-0340 Kyle Radek ,Assistant City Engineer 489-0343 Warren Stewart, Engineering Manager 489-0350 III. DESCRIPTION A. Back rg ound The Public Works Department plans to adjust sewer and water utilities associated with the Linder/Pine Intersection Project during fiscal year 2012. Due to the new configurations and locations of ACfID storm drain and Nampa/Meridian Irrigation utility pipe, a portion of the adjusted water main will need to be constructed outside the right of way on private property. The private property owner does not mind that the water main and associated fire hydrant is located on their property and cooperatively signed the attached easement agreement. B. Proposed Project The proposed easement will allow Public Works Staff to access the area for maintenance and/or repairs. Pnge 1 of 2 IV. IMPACT A. Fiscal Impact: Total Costs $0.00 V. LIST OF ATTACHMENTS A. Permanent Easement Contract B. Water Easement Descri tion Approved for Council Agenda: Page 2 of 2 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 I BOISE IDAHO 09!21111 10:20 AM RECORDED nREQUESTOF III IIIIIII'llllllllll'IIIIIIIIIIIIIII Meridian Ciry 1 1 1 075974 WATER MAIN EASEMENT THIS INDENTURE, made this aQ day of ~S2nl- 20~between ~ ~.~ -r Ltrid + F ~elQthe parties of the firstpart, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire 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 forthrough an underground pipeline to be constructed by others; and WHEREAS, it will be necessaryto maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be receivedby the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- of-way for an easement for the constructioq operation, maintenance, repair, replacement ofa water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easementhereby granted is for the purpose of constructionand operation of a water line and their al lied facil ities, togetherwith their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilitiesat any and all times. TO HAVE AND TO HOLD, the said easementand right-of-way unto the said Grantee, it's successors and assigns forever. I'I' IS EXPRESSLY UNDERSTOOD AND AGREED, by and betweeitycit~ parties hereto, that after construction, making repairs, performingother maintenance or making subsequent connection to the water line, Grantee shall restorethe areaof the easementand adjacent propertyto that existent prior to undert9king such constmction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacingor restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they 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 int;rfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree 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 thereofor which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. Water Main Easement EASMT WTR.doc THE GRANTORS do hereby covenantwith the Grantee thatthey are lawfully seized and possessed of the aforementionedanddescribedtract ofland, and thatthey have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties ofthe firstpart have hereunto subscribedtheir signatures the day and year first herein above written. G dTOR: O Steven and Linda Eisele Address STATE OF IDAHO ) ss County of Ada ) On this ~_ day of , 20 I A before rne, the u der_signed, a otary Pubic in and for said State, per nally appeared .~,,, n p proved to me on the basis of satisfactory evidence to be the perso~t(s) who name(s) is ~'}"'~ subscribed to the within instrument, and aclmowledged that he (she) (they) executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ~p7ARy ~ ~~ W/6V~G O ._ _..d Water Main Easement EASMT WTR.doc GRANTEE: CITY OF MERIDIAN Tammy ~' v \ ~/~_ L. Holman, City Approved By City Council ~„uu u n ~,;;,, (~f~\ ~(l, vr~iLS.~ C nun m~ STATE OF IDAHO ) ss County of Ada ) On this ~n day ofd m t~ , 20 I { ,before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNES S WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. r ~ ~ , 7a~~ ±'~ ARY Pl ~ ; Re ding at: , ` ' Commission • IDAHO Water Main Easement EASMT WTR.doc POTABLE WATER EASEMENT DESCRIPTION I+OR THE CITY OT MERIDIAN, IDAHO EASEMENT NO.1 An easement for potable water purposes located in the NE'/< of the SE % of Section 11, Township 3 North, Range I West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the northeasterly corner of said NE % of the SE '/, from which a brass cap monument marking the southeasterly corner of the SE '/< of said Section 11 bears S 0°31'38" W a distance of 2646.02 feet; Thence S 0°31'38" W along the easterly boundary of said NE '/a of the SE '/ a distance of 283A0 feet to a point; Thence leaving said easterly boundary N 89°11'18" W a distance of 57.00 feet to the POINT OF BEGINNING; Thence continuing N 89°11'18" W a distance of 24.00 feet to a point; ;' Thence N 0°31'38" E a distance of 19.59 feet to a point; Thence S 89°28'22" E a distance of 24.00 feet to a point; Thence S 0°31'38" W a distance of 19.71 feet to the POINT OF BEGB~INING. This parcel contains 472 square feet (0.011 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated July 21, 2011 0 ~~ ~J ~ ~V h~ ',~~ p Z s \~ W ~~ W~ w hm O (~i~ ~3 2~ h~ ,w" ~ ^~ ~~ 2 3 0 Od01/ N/7~1Nb~ ~3als 3Nrd 0 0 r~ 0 N O 0 J U O ~ O N 0 PROJECT: DESCRIPTION: FILE: M:\06017\SURVEY\CONTROL.CGO ~" 'TS: U.S. SURVEY TOOT INSTRUMENT SETUP Instrument point: Backsight point: Backsight Bearing: Remarks: Thursday, July 21,2011 8:97 AM PAGE 1 103 709796.3280 2499357.7510 2586.20 AC 1/4 COR SEC 1 103 709798.3280 2499357.7510 2586.20 AC 1/9 COR SEC 1 N 00°00'00.0" E Distance: 0.000 EASEMENT N0. 1 TYPE FROM TO DIRECTION ------ - INV ---- 103 ---"- - 866 - S ---- 00° ------- 31'38.1" -- W INV 686 748 N 89° 11'16.2" W INV 748 905 N 69° 11'18.2" W INV 905 907 N 00° 31'38.1" E INV 907 908 S 89° 28'21.9" E INV 908 748 S 00° 31'38.1" W INV 798 886 S 89° 11'18.2" E INV 886 103 N 00° 31'38.1" E Perimete r is: 767.298 Area is: 971.56 3 Squ are feet Area has been reset. DISTANCE NORTHING EASTING 283.000 709965.3400 2999355.1468 57.000 709966.1979 2949298.1521 29.000 709966.4673 2999279.1592 19.589 709486.0754 2499274.3395 29.000 709485.8595 2449298.3335 19.708 709466.1474 2449298.1521 57.000 709465.3400 2949355'.1468 283.000 709798.3280 2949357.7510 0.0108 Acres ~ CERTIFICATE OF SUBSTANTIAL COMPLETION DATE OF ISSUANCE: Seotember 1.201 I OWNER City of Meddien CONTRACTOR Contract: Water Llna Replacement- E State Avenue Protect: Water LlOa RgpJgcameat-6. 3ta[e Avenue Protect No. 10172b This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following epoc[fiod parts tharaoF. To: McMaster Consrcuctlon and Development Inc _ _ CONTRACTOR ~~ From: Citv Of Meridian OWNER Tha Work to which this CertlRcote applies has been Inspected by authorizedrepresentatives ofOWNER and CONTRACTOR, and that Work la hereby declared to bo aubstentfally complete in accordance with the Contract Dacumonts on September 1.2011 DATE OF SUBSTANTIAL COMPLETION A tentative list of Items to be completed areorreeted is shown below. This Ilst may not be all•inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in ewordance with the Conrcact Documents. The items in the tentative Ilat shall be conpleted or corrected by CONTRACTOR within 20 days of tits above date of 3ubatantiel Comptedon. t) Complete oil permanent surface restoration duties on all disturbed areas wltltin the protect Ilmlts(Private end Public). 2) Obtain and submit to the CITY a 1?raparty Owner Release Form signed by McMaster Construction and Development, Inc, and each property owner affected by the protect The Following documents are attached to end made a pert of this Certificate: 1) Property Owtrer Release Form „ . [For tlerns to be attached see deJ)nltfon of Substantial Completion as supplernenled and other spec~cally Holed condtttons precedent to achleving Substantial Completion as regulred by Contract Documents.] This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release oP CONTRACTOR'S obligation to complete the Work in accordance with the Contract Documents. Executed by OWNER on: /., / - zOt/ Dato City of Meridian oW1agR Ey: ~~ ~ ^~ uthorized Slgneturo) CONTRACTOR accepts this Certificate of Substantial Completion on ~ ~ Zd C De e McMaster Construction and Development 9N ACTOR Ey; (Autlrorized Signature) Meridian City Council Meeting DATE: September 20, 2011 ITEM NUMBER: 6F PROJECT NUMBER: ITEM TITLE: License and Indemnity Agreement Between the City of Meridian and the Lions Club of Meridian Regarding Uses Allowed on City Property by Ada County Conditional Use Permit #201000531-CU MEETING NOTES ~P~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS LICENSE AND INDEMNITY AGREEMENT with LIONS CLUB OF MERIDIAN This LICENSE AND INDEMNITY AGREEMENT is made this ~ day of September, 2011 ("Effective Date"), by and between Lions Club of Meridian, Inc., anon-profit corporation organized under the laws of the State of Idaho, whose address is 1376 W. Sandy Court, Meridian, Idaho (hereinafter "Licensee"), and the City of Meridian, Idaho, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), whose address is 33 E. Broadway Ave., Meridian, Idaho. WHEREAS, Licensee is a service organization dedicated to supporting humanitarian needs, sight and hearing, and youth services; WHEREAS, City owns property on West Cherry Lane between Black Cat and McDermott, in unincorporated Ada County, Idaho, comprised of parcel nos. S 1204336500 and 51204336450 ("Property"); WHEREAS, Licensee seeks to utilize Property to install a riding arena, bucking chutes, bleachers, fencing, and announcer stand for holding its annual rodeo; riding, rodeo, reining and other equine activity by amateur and professional riding groups, high school rodeo clubs, team ropers, and barrel racers; and WHEREAS, the City of Meridian is willing to allow Licensee a limited license to use Property for these purposes; NOW THEREFORE, in consideration of the recitals and mutual covenants, agreements, and inducements contained herein, the parties hereby agree as follows: I. SCOPE OF LICENSE GRANTED BY CITY. A. Scope of use. Licensee's use and occupancy of the Property shall be limited to activities enumerated in Ada County Conditional Use Permit no. 201000531-CU ("CUP") attached hereto as Exhibit A and incorporated herein by reference. At least thirty (30) days prior to hosting any event or using the Property for any purpose, Licensee shall provide to City written notice of its desire to do so, as well as a written description of the event, including the dates and hours of operation, and a site plan, including a depiction of structures, restrooms, first aid stations, drinking water sources, garbage receptacles, generators and other mechanical equipment, cooking equipment, signs, entrance and exit drives, and parking. Licensee shall also provide, at least thirty (30) days prior to hosting any event or using the Property for any purpose, proof of insurance as required herein. The time and manner of each and every event and use shall be established by the Director of the City of Meridian Parks & Recreation Department ("MPR") or his designee. City shall reserve the right to deny Licensee permission to use Property for an event or use that will or may endanger the health, safety, or welfare of the public or the Property. B. Compliance with CUP. Licensee shall access and use Property only insofar as such access and use is consistent with and in full compliance in every respect with the requirements and standards established by the CUP. To the extent that the CUP conditions are broader in scope than the permissions conveyed by this Agreement, this Agreement shall control. LICENSEAND INDEMNlTYAGREEMENT- L/ONS CLUB RODEO PAGE 1 OF 6 C. Term of license. The term of this Agreement shall be from the Effective late through 11:59 p.rn. on September 30, 2011 ("Original Term"), provided that Licensee shall have an option to renew the term of this Agreement for up to five (5) additional consecutive terms of one (1) year each. Each and every renewal term shall commence upon the expiration of the Original Term or the prior renewal term, as applicable. Such options to renew shall be exercised automatically unless this Agreement is terminated by either Party by the method established herein. Upon automatic renewal, and throughout each and every renewal term, all provisions and conditions of this Agreement shall be in full force and effect. Notwithstanding the exercise of any options to renew, unless extended by mutual written agreement of the Parties, this Agreement and all options to renew the term thereof shall expire at 11:59 p.m. on September 30, 2016. II. INDEMNIFICATION: INSURANCE. A. Indemnification. In consideration of Licensee's fee-free access to and use of Property, Licensee shall, and hereby does, indemnify and save and hold harmless City from and for any and all losses; claims; actions; judgments for damages; injury to its members, agents, invitees, volunteers, wntractors, officials, officers, guests, employees, other persons, or property; and/or losses and expenses caused or incurred by Licensee and not caused by or arising out of the tortious conduct of City of Meridian. Licensee acknowledges that accessing or using Property carries risks, some of which are unknown, and assumes these and any and all other known and unknown risks and hazards of such activity and any activity related thereto. Licensee forever waives and releases, on behalf of itself, its members, its agents, its employees, and their heirs, executors, administrators, assigns, and/or personal representatives, any and all claims and/or rights for damages Licensee and its members, agents, invitees, volunteers, contractors, officials, officers, guests, employees 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 Licensee's access to and use of City facilities and/or any activity related thereto and not caused by or arising out of the tortious conduct of the City of Meridian or its employees. B. No coverage provided. Licensee acknowledges that the City of Meridian shall not provide for Licensee or for its members, agents, invitees, volunteers, contractors, officials, officers, guests, employees, any insurance or coverage of any kind, whether financial, medical, property, or otherwise, for any accidents, injuries, deaths, illnesses, losses, or damages that result during or arise out of Licensee's actions or omissions hereunder and/or any activity related thereto. C. Licensee to maintain insurance. Licensee shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, and upon each and every occasion on which Licensee uses the Property hereunder, liability insurance in which the City of Meridian shall be named 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, Licensee covenants and agrees to indemnify and save and hold harmless City from and for any and all such losses, claims, actions, or judgments for damages or LICENSEAND INDEMNlTYAGREEMENT- LIONS CLUB RODEO PAGE 2 OF 6 liability to persons or property. Licensee shall provide City with a Certificate of Insurance or other proof of insurance evidencing Licensee's compliance with the requirements of this paragraph and shall file such proof of insurance with the City Clerk. In the event the insurance minimums of the Idaho Tort Claims Act are changed, Licensee shall immediately submit proof of compliance with the changed limits. D. Waiver. Licensee and its members, agents, invitees, volunteers, contractors, officials, officers, guests, employees waive any and all claims and recourse against City, including the right of conhibittion for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Licensee's use of City's Property, whether such loss or damage maybe attributable to known or unknown conditions, except for liability caused by or arising out of the tortious conduct of the City of Meridian or its employees. E. As-is condition. The City makes no warranty or promise as to the condition, safety, usefulness, or habitability of the premises of the Property; Licensee accepts same as-is, both at the effective date of this agreement and at the time and for the purpose of each event and activity specified herein. F. Chemicals; hazardous substances. Licensee shall not use, store, or dispose of any hazardous or toxic substances as defined by applicable Federal or State laws and regulations upon Property without prior written notice to City. City has the option of refusing to consent to such use, storage or disposal of toxic substances. All hazardous or toxic materials shall be used strictly in accordance with all applicable laws, rules and ordinances. Licensee shall not allow any hazardous or toxic substance into the air, ground or water except insofar as allowed by said laws and regulations. Licensee shall indemnify and hold City harmless from any claim, liability, loss, cost or expense resulting from hazardous or toxic substances placed or used on the Property by Licensee. City shall have the right to inspect Property to determine if Licensee is properly using, storing, and disposing of chemicals and other hazardous substances. Other than chemicals and fertilizers customarily used in farming and ranching operations in this area, City disclaims any knowledge or information regarding the existence of toxic or hazardous substances on the property. G. Good faith. Licensee will utilize the Property in a manner that will best conserve the integrity and long-term beneficial use of the Property. III. GEtyERAL PROVISIONS. A. Alterations, improvement to real property. Licensee shall not make, or permit to be made, alterations to or improvements to Property without first obtaining City's written consent. Such alterations and improvements shall comply in all respects with any and all applicable laws, ordinances, regulations, policies, agreements, and requirements. Any alterations to or improvements on Property shall become at once a part of the real property and shall belong to City. B. Structures. Licensee shall not erect, or permit to be erected, structures at or on Property ( without first obtaining City's written consent. Any and all such shall be erected and maintained by Licensee, at Licensee's sole expense. Structures erected by Licensee shall LICENSE AND INDEMNITYAGREEMENT- LLONS CLUB RODEO PAGE 3 OF G comply in all respects with any and all applicable laws, ordinances, regulations, policies, agreements, and requirements. Licensee shall owa and shall be solely responsible for any C, structures erected ar used by Licensee upon the Property. C. Personal property. Licensee shall provide and maintain, at Licensee's sole expense, all equipment and other personal property necessary for conducting Licensee's activities pursuant to this Agreement. Such equipment and personal property may be stored at the Property for the term of this Agreement so long as such storage complies with any and alt applicable laws, ordinances, regulations, policies, agreements, and requirements. Licensee shall move or remove its equipment and personal property from Property within fourteen (14) days of City's request to do so. Licensee shall own and shall be solely responsible for any equipment and personal property stored or used by Licensee upon the Property. D. Liens. Licensee shall keep the Property free from any liens arising out of any work performed for, materials famished to, or obligations incurred by Licensee. Licensee shall not permit nor suffer any lien,-judgment or encumbrance to be entered against or filed upon the Property or any improvements or fixtures thereon. Licensee hereby covenants to satisfy any such lien, judgment or encumbrance at Licensee's sole and separate expense, and in all respects fully to indemnify City against all damages, legal costs and charges, including attorney's fees reasonably incurred, in any suit involving any liens, claims, judgments or encumbrances cause or suffered by Licensee with respect to the premises or any pert thereof. E. Damage; waste. Licensee shall not commit, perrnit nor suffer any damage to or waste upon the Property or any of improvement, appurtenance, equipment, structure, or personal property situated or placed thereon by or on behalf of City or City's agents or invitees, F. Surrender of possession. Licensee agrees that upon termination or expiration of this Agreement for any reason, Licensee shall surrender the premises to City in the same good condition as received, reasonable wear and tear, act of God, act of nature, or damage by weather excepted. Licensee agrees to surrender possession and occupancy of the premises peaceably at the termination of this Agreement and any renewal or extension thereof. G. Relationship of Parties. Licensee and its members, agents, invitees, volunteers, contractors, officials, officers, guests, and employees are neither independent contractors nor employees, agents, joint venturers, or partners of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Licensee and City or any official, agent, or employee of City; or between any of Licensee's members, agents, invitees, volunteers, contractors, officials, officers, guests, employees, and the City or any official, agent, or employee of City. H. Taxes. Licensee shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to this Agreement. I. Termination. If, through any cause, Licensee fails to comply with the terms of this Agreement, violates any of the covenants, agreements, and/or stipulations of this Agreement, of the CUP, or of any other applicable law, ordinance, regulation, policy, agreement, or MPR requirement, and/or engages in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement, City may terminate this Agreement by LICENSEIIND lNDEMNfTYAGREEM6NT- LIONS CLUB RODEO PAGE ~l OF 6 providing written notice to Licensee of such termination. Notice of for-cause termination shall be effective immediately upon mailing by City. If the City Council determines that j termination of this Agreement is in the best interest of City, City shall have the right to terminate this Agreement by providing ninety (90) days written notice to Licensee. Licensee may immediately terminate this Agreement at any time by providing written notice to City and removing all equipment and personal property from the Property. Notwithstanding this or any other provision of this Agreement, Licensee shall not be relieved of liability to City for any damages sustained by City by virtue of any breach of this Agreement by Licensee. J. No waiver. City's waiver on one or more occasion of any breach or default of any term, covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach or default of the same or a different term, covenant or condition, nor shall such waiver operate to prejudice, waive, or affect any right or remedy City may have under this Agreement with respect to such subsequent default or breach by Licensee. K Transfer of property. If City should sell or otherwise transfer title to Property, this Agreement shall be voidable upon transfer of title, at the buyer's or transferee's option. As may be practicable under the circumstances, City shall provide written notice to Licensee of City's intent to transfer title. L. No obligation. By the granting of this license, City does not in any way bar, obligate, limit, or convey any warranty with regard to any action relating to development or operation of said premises, including, but not limited to, annexation, rezone, variance, permitting, environmental clearance, or any other action allowed or required bylaw or conveyed by City Council. M. Notices. Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed by United States Mail, certified, return receipt requested, addressed as follows: City: City of Meridian Parks & Recreation Department Attn: Steve Siddoway 33 E. Broadway Avenue Meridian, Idaho 83642 Licensee: Meridian Lions Club 1376 W. Sandy Court Meridian, Idaho 83646 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. N. Compliance; no discrimination. In undertaking activities under or related to this Agreement, Licensee shall comply in all respects with all applicable laws, ordinances, regulations, policies, agreements, and requirements, including, but not limited to, the CUP, and further shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. O. Successors and assigns. It is expressly agreed and understood by the parties hereto, that Licensee shall not have the right to assign, transfer, hypothecate or sell any of its rights LICENSEAND INDEMNITYAGREEMENT- LIONS CLUB RODEO PAGE 5 OF 6 under this Agreement except upon the prior express written consent of City. 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. P. 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. Q. Entire Agreement. This Agreement contains the entire agreement between the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. R. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorney and/or has received the opportunity to seek such advice. S. Applicable 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. T. City Council approval required. This Agreement shall not be effective for any purpose whatsoever until it is approved by City Council and executed by the Mayor. 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. LICENSEE: STATE OF Idaho ) ss: ~' Count of Aldo` ) n A,~ - y ~i~~`^-1 ~l/I I HEREBY CERTIFY that on this _ day of September, 2011, J Mundt before the undersigned, a NotaryPublic in the State ofIdaho, resident, Lions Club of Meridi an, Inc. personally appeared John Mtmdt, (mown to me to be the .....• person who executed the said instrument, and aclmowledged to •~GQ.:JO~!L,;•• me that he executed the same. i G~1~ ~A$~. ~S'. IN WITNESS WHEREOF, I have hereunto set my hand and ~~'x0 •• ~~ affixed my official seal, the day and year in this certificate first • ~'~; ~ above written. • '• ,~p• •`. ....A .ti ~~ i % . •~STA.~ OF ~ NotaryPublic for aho ••...•• Residing at tc~V~ Idaho . 11;luuur,r.,, ~~~~ r . ~-~A?y Commission Expires: a \ ~ ~ .~ CITY OF MERIDIAN: CT ' o°R'4r~" (~~ J , - p~j iY.A "~1 +~ ~ - Attesfcy Tammy de erd, Mayor e~ man, City Clerk '~ ~, t;Gn ~_t •'~' `, r I ~ ''~~ O~~NJY ~ •~~.~~. ,~ i~~~lllllill 11451\\~ LICENSE AND INDEMN/TYAGREEMENT - LIONS CLUB RODEO PAGE 6 of 6 I~ EXHIBIT A Ada County Conditional Use Permit no. 201000531-CU rr,,«~""'~,~, u~.M ~ ~~., ~>«o ~"r TO: AAA COUNTY PLANNING 8r ZONING COMMISSION HEARING DATE: August 12, 2010 STATE Diana Sanders, Associate Planner PROJECT NO.: 201000531-CU APPLICANT. Doug Beehler Meridian Lions Rodeo P,O. Box 266 Meridian, ID $3680 INTRODUCTION 201000531-CU Meridian Lions Rodeo: A request for a conditional use application to allow for a commercial riding arena fior practices, High School Rodeo, Team Roping, Barrel Racing and other equestrian events. The property comains 29.586 acres and is located at b054 W. Cherry Lane, Meridian, ID; Section 04, T. 3N, R. 1W. EXECUTIVE SUMMARX The applicant is requesting a conditionai use for a commercial riding arena for practices, High School Rodeo, Team Roping, Barrel Racing and other equeshian events. The applicant is providing four hundred eighty-one (481) standard parking spaces, ter (10) ADA parking spaces, 9ve (5) ADA van accessible parking spaces, and forty (40) contestant parking space allowing for horse traller parking with turnaround areas. The applicant has placed temporazy signs to direct traffic in and out of the facility on Cherry Lane. No parking signs will be placed along Cherry Lane and McDermott Road during the rodeo, due to the number of spectators. 'I}allic corrtr+ol attendants will be used as needed to avoid congestion. The parking area will be packed and watered prior to and during events as needed to koep the dust to a minimum. There arc bleachers on the gropery that seat approximately 1,500 spectators. Typically (here are beriveen 900-1,000 spectators for the Lions Club Rodeo, which is held once a year. The ceaceoaioa area consists of a Coca Cola wagon sad portable grills, whidt Ceaual District Health Departrneat inspects and approves lbr use, associated with We Rodeo. The property is within the City of Meridian Area of Impact and complies with the Meridian Comprehensive Plan allowing the property to remain Waal in character. The property contains thirty-nine acres which exceode the minimum of 8ve acres for a commercial rdmg arena. Ada County Building Division is regrtiring that a building permit for a one thne inspection of Ure bleachers be required until such time that new ekrrcitrres are added or modi6od. Nampa 6t Meridian Imgation District has no objecdon to the application provided that no activities atfect the Ten Mile Drain or its one hundral foot easement. Ada County Highway District submitted their report attached as Exhibit Nb. STAPFRSPORT 201000531-C1T, MERIDIANLIONS CLUB Page 1 5 RECOMA'IENDATION Based upon Staff's review of the appGcatiar, staff concludes chat ties application complies with the Ada Ccuuty Code and recommends approval fb the Commission as set out in the proposed Findings of Fact and Conclusions ofLaw attached herdo. The Commission should consrder Ure evidence and testimony presented during the public hearing prior to r~dering its decision concerning this application. Should the Commission make positive lndings of fact and vote to approve Project #201000531-CU, staff recommends that the approval of Project #201000531- CU be subject to the Conditions of Approval listed in Exhibit A attached to the proposed Findings of Fact and Conclusions of Law and Order. EIiHIB1T LIST -PROJECT NO.: ZOlOD0531-CU Master AppGcaiion Fomt (Tlurea pages) Applicant's Letter of Intent- (Nina pages) Parking /Site Plan Doled June 9, 2010 and June 25, 2010. (Four pages) Ada County Hnilding Division memo dated June 23, 2D 10. (One page) Nampa ~ Meridian Irrigation crnnntarrt Idler dated July 1, 2010. (One page) Central District Health Department comment letter received July 9, 2018, (One page) Ada County Highway 1)istrid comment letter received July 26, 201D. (Twelve pages) STAFF REPORT 201 D00531-CU, MERIDIAN LION$ Q,UH Pege 2 MASTER APPLICATION u'I~'4 AoA mtlNrY pEVETAPMENT SmtVIC65 200 w. FmnlStn~L Boise, klaho 83702. rvrvw.adawebnet ptwre: (~ 287-7900 fax: (2oB) ae~ r~ TYP& OP ADMINI5TRATlVB APPLICATION: ^ ACCESSORY USE' ^ DEVELOPMENT At,,REEMENT ^ PARMDEVELOPMENTRIGIiT ^ FLOODPLAIN PBRMTT ^ HILLSE)E DEVBLOPMENT* ^ HIDDEN SPRINGSADMINL'7RATIVE ^ HIDDEN SPRINGS SPECIAL EVENT TYPE OF HEARING LEVEL APPLICATION: ^ COMPREHENSIVE PLAN MAP AMENDMENT ^ COMPRHHENSIVEPLANT87CTAMENDMSNT CONDTTIONALUSB NONCONFORMING USE EXPANSION ^ SUBDiYLSION, PRELIMINARY' ^ PLANNED COMMUNI7IHS• ^ MASTBR STTB PLAN' ^ ONB TAB DIVISION ^ PRIVATE ROAD ^ PROPERTY BOUNDARY ADJUSi'MBNT ^ PROPERTY STATUS REPORT ^ SIGN PLAN ^ THMPORARY USE' ^ SUBDIVISION, SKETCH PLAT" ^ VACATION ^ VARIANCE ^ 20NING MAP AMENDMENT ^ ZONING TEXT AMENDMENT TYPE OF ADDENDA: ^ APPEAL ^ PINALPLAT ^ ADMINISIRATIVEMODIIt[CATION ^77MEE7CTENSION ^ DEVELOPMENT AGREEMENT MODIFICATION REQUIRED 9UBMTITALS: }nom CHECKLI5T for applicable appllcatlon(s). If rnuldpIc applicatlons, do nat duplicate svbxnittals. LI SUPPLEMENTAL WORKSHEET REQUIRED SITE INFOR>ylATION: 5ectlore i~ Townsblp: ~~ Range; TotalACms; c~/ SnbdivislonName: ~ Lok_,_.~~ r 81ock SihAddreas:~ L.npe. °~-. IYIc.~EJ'm0'~'~ d City ~PridlQh Tax ParcelNumber(e} ~' laud s~~~Jsa ~ $ lao~l33~os OD ` Btistlng2oning: tAT` ProposedZontng: AraaofCltyLnpack f~¢r~ etia:n Overlay Dlslrlct(6) OFFICE U86 OPLY PmJecIM,: DIC7 ~CL.C. PienningFeee/GRx EngineecingPeea Received Hy: Date: Stamped VERSION 2010 ~~, •1~ FJQliBIT I 201000334CU MBRIbIAN WOKS CLUB APPLICANT/AGENT; (I'leaseprbtl) meridian Li s C ADDI170NALCONTACTifapplirable: (PlessePrlnQ Name r Name: rSOn Address: Address: a Pr coy: N'I ~ rate:, D xtp: s~ o clry: N smfe: zi : R36~1 Telephone: ~ b ~ 03N pax; ~ - y-s LGS Small: A@ ~' Telephone; - y(a3~ Fax: Email: n ~ ---.V I certify dtls htformation is mrn!ct to the beat of my knowledge. ENGRVBRR/SURVEYOR if appIIuble: (PleasePrtnt) Name: Address: City State:_,Zip: / /0 Telephone:. Pax• BmaR: Signature: (Applkant) Date OWNER (S)OP RECORD: (Please Print) OWNER 5) OF RECORD: (Please Prhtt) Nerve "a N Namas AddresB: V e Address: Ci Sta ll: Zip: g3Ly2 Ctry; State: Zip: l~' Telephone: .20~- $g~ Y7.~:~ Telephone; Pax: Par: Entail: _ Email: Iconsetttothisapplicatton,Iartlfythtefnformstianismrrect, IconsottWfhieappllatHoM[cettUydtislnformationismrrect, and allow Development9erVlcessmfftoenterdteproperlyfor and allow Devdopment5ervlcesstefftoatterthepmpe~tytor related site inspections, I agree to indemnify, defend and hold related site btspectlnna 1 agree to indemnify, defend and hold Ada Comfy and its employees hamtless from any clatm or Ada County and its employeesltemtleae from any claim or lieblliry reaultmg from any dispute as to the statements mntaiaed liabfliry resulting (ram atry dispute ae to the statemenu contained 6t Ntis appRcedon or m ro theownershtp of the property, wldrlt !e in this eppEration or ae to the ownerehlp of dte property, whklt le the sub f the appliceHon. the subject of Ue application. ,!~ ~ 1 ~~. - i3- o . , 51 store: er (s) of Record Dah Signature: All Owner (s) of Record Date ALL OWNER(S) OF RECORD (ON THE CURRENT DEED) MUST SIGN (Addldorud Sheets are Available ONlne) I[ the properly osraer(a) area 6usioesa entity, please include business entity documeob, lneludinQ tboso that indluie the pereoo(s) who ere eligible [o alga documeRfs, VERSION2o10 .Z, ADA COUNTY DEVELOPMENT SERVICES 200 W. PreMShea,Boae, E)tl3702, wwwadawebne! pllonc. (40Sj787~'/900 fine: (20tl)4tl7A909 CONDTITONAL USB CEIECKLIST A Conditional Use request requtres a publ[c hearing, GENERAL W FORMATION: ne paper top ee an one a ectron c copy a a requ re sum e, Com leted and ^ ed Master A Ifcetton \' ~( DETAILED LeTT1dR bythe appRantfWly deeaibfngehe requestorproject and addreeeing the following: ' Hxplain the proposed use, and ell uses assokiated with the request Any oilier supporting Inforatatlon. Address the standards in ACC t46-3 for proposed use(s): ays o use: lioura o[ use: Duraflon of use(ek MASTER SITE PLAN pfrequired) BIGHIR)RHOOD McRI'1NG CERTIPICATION PRE•APPLICATION CONPERBNCENOTES (optional) Sf1E PLAN ie riot required iE assodeted with a MSP. Showexlstin and osedsh~utWrea. Submit oneelectranicc one fullefzed lmt and neB12"X11^ Ian, DEED (or evidenceof proprietaryinterest) OVERLAY DISTRICT: May ntquve a separate checklist or additional In{ormation for the fdlowing: HILLSIDH (AOC&8FQ FLOOD HAZARD (ACC B3F) DEAN PIR T8 AC8 (ACC 83~ PLANNED tINIT DEVELOPMFAV'T (AGCB~i>) 80IS8 RIVER GRHBNWAY (AOCB3G) 80138 AIRT8RMINAL AIRPORT INFLUENCE AREAS (ACCti3A UST C OMPLY WITH SIGN POSTING REGULATIONS (ACC &7AS) APPLICATION FEE: Call Counly m go fo www.adaweb.nef fm eea e~yN.n..a,wry mncmauan e. nrewscrenonor me wrectar or k_ounry eaglrkeek maybe requited to sWNrlentlydala8 the propoa+d derelopmentwithin any epecml development arm, includingbut not I(mited tohitlaHe, piaemedunit davabpmenb 8oodpletn, southwest, W [7F4 Boise RtverGreenway, airpor! bfh,ence, and(or baratdous or unique arms of devabpment. Applkatton wjll notbe accepted unieaa as epplicebb Hems on the form sre suboilned, Th§ applicatlrn shill not beckuuldetedwmplete until staff hm recwiveda0 regWred 6dormstion. ApA COUNTY JUN 0 9 2010 VERSION 2010 ' (' UEVELQPMENT5ERUfCES Meridian Lions Club PO Box 26fi Meridian, ID 8368D June 2, 2010 Ada County Development Services 200 W. Front Street Boise, TD 83702 Re: CUP for Ada County Parcels S 1204336450 & S1204336500 Attn: Planning Department This letter is being submitted as part of the application for the conditional use permit for the property parcels indicated above. Phis request ie by the Meridian Lions Club for the use of the property for the annual Meridian Lions Rodeo and all such events that will coincide with the facility as a rodeo grounds and equestrian riding arena. At this time the only events scheduled are the Meridian Lions Rodeo and a Barrel Race. We anticipate increasing the number of events when the permit i8 in place. The Meridian Lions Club will be holding their twenty-fast (21st) anmral rodeo on the weekend of September 24, 25th, and 26th, 2010. The Rodeo was initially held at the Meridian Speedway and after flour years it was moved to the corner of Eagle Road and Fairview Avenue. In 2004 it was moved to the property indicated above, which is owned by the City of Meridian. We are in the process of entering into an agreement with the City and will use the conditional use permit rather than continuing on with the temporary use permit process. The County has issued temporary permits annually since we have moved to the property. We have developed a good relationship with the sunounding property owners and they are supportive ofour events. A neighborhood meeting was held on April 17, 2010 with the certification ibrm attached to the application. Proposed use and all uses associated with the request Include but are not Ilmited to: a. Annual Meridian Lions Rodeo as a fund raising event by the Meridian Lions Club. b. Riding Crroups who have inquired about using the arena for practice. c. High School rodeo clubs have expressed an interest in using the facility. d, Organizations such as Team Ropers, Barrel Racers, and Refiners. The Meridian Lions Club owns thc equipment that is on the property and includes the riding arenas, bucking chutes, fencing, bleachers, and announcer stand. We have continued to improve the site as funds are available. AtaA Ct7UNFY ~rrerr2 JUN n s ?mn w,~~,.a, M@RADIAN IdONa CLUB pEVELOPMENT SERVICI;~ Meridian Lions Ciub PO Box 266 Merldiaa, ID 83680 Address any uae 1n ACC 8-5-3. (ACC 8-5-3-107: Stable or Riding Arena, Commercial). A. Criteria applied to this establishment; 1. Tha riding arena is open to the general public or a club. 2. The riding arena can be rented by an individual or group. 3. Spectator seating for more than fifty (50) people is provided at the arena. 4. Retail sales accessory to the riding arena are wnducted onsite. B. Sufficient parking and turnaround areas for horse trailers are provided. These areas are designed to preclude vehicles from backing out into a roadway. C. The minimum property size' has been complied with. D. All food services have been approved by Genteel District Health in previous years and we intend to continue the process es we have in the past. Days of Ilse: It is anticipated that the primary use of the facility will be weekend days. There will be times when we may use the facility during the week. The weekdays will probably be used by the riding groups for practice sessions. Typically the events will be held from April to October. Hours of Tlae; At this kime there are no utilities on the property so the majority of use would be limited to dayiight hours, We may on occasion need to use pattable temporary lighting for safety reasons if vehicles are leaving the premises after sundown. The Length of TYme: The length of time for any event discussed so far is not anticipated to be more than three (3) days at any one time. If a request is for another aspect of time, we will consider it is es $ pextains to the permit or adjust accordingly. ADA COUNTY JUN 0 9 201 DEVELOPMENTSERVIGES / Meridian Lions Club PO Box 266 Meridian, [D 83fi80 Master Site Plan: Previous mcetings with the County have indicated that we are exempt from a Master Site Plan per ACC 8-4E-2E. Praapplication conference notes are attached to this application. Neigl-borbood Meeting CertiGCatlon: Neighborhood meeting was held on April 17, 2010. The certification is attached to this application, Jerry Frasier was the only neighbor in attendance. Pre-Application Conference Notes: Pro-application conference notes are from Ml/2010 and are attached. Site Plan: A drawing of the existing facility is attached to this application. A drawing of the perking areas is attached. Legal Description: Parcel Information attached to this letter. Deed: Copies ofT)eeds are attached to this letter. Overlay Dlstrtet: All areas under this section ere not applicable. Appllcation P'ee: A request for a fee waiver has been submitted. aaA coUNrv JUN A 9 20lp DEVELOPMENT SERVICES Meridian Lions Club Pd Box 266 Merldlan, ID $3680 This is the second time we have requested a conditional use for this facility, The original rcquest was dated April 17, 2007 and was referenced by file # 200700081-CU. Due to some issues we were unable to resolve in a timely fashion we withdrew the application and proceeded with a temporary use application. We have been in discussions with the City of Meridian and believo we can proceed with the process et this tirne. Some of the items you wanted us to address in the previous application are listed below. We are limited on improvements due to the lack of sewer and water to the property. As these amenities become available to the area we will update the facility as best we canto comply with your requirements. Items to address: Drainage Plan: Drainage has not been a problem in previous years. The Concession area has been graveled and all other areas are kept groomed and open to return any precipitation directly to the soil. The drive areas and parking areas eta kept groomed and drains very well Traffic Control: We have signs that we use to duect traffic into and out of the facility from Cherry Lane. We are currently using a temporary entrance with pmperiy owner approval and adequate signage firm McDermott Road to allow for trunk and trailer entry to avoid wngestion. The approval letter from property owners Mike and Donna Anderson is attached to this application. We will put up no parking signs to keep vehicles off Cherry Leno & McDermott Road. As we develop the facility we anticipate adding another entrance from Cherry Lana Traffic control attendants will also be used as needed to avoid congestion. Manure Removal: Because of the number of events at this time, the accumulation of manure has not been a problem. App Cptiry-fy guru n ~ zuio OEVEL.OAMENT SERVICES Meridian Lions Club PO Box 246 Meridian, ID 83680 Parking: A drawing of proposed spectator parking with 400 spaces with handicap access is attached. Contestant and house trailer parking and loading is also shown In previous years we have been packing and watering all drive and parking areas prior to and during the event as needed to keep dust to a nunimum. We have been very successful in this endeavor and drainage and dust abatement have been complied with. We have adequate handicap parking. We take groat care in marking the parking areas with stakes and tape. We also have attendants available to keep vehicles parking ]n an orderly manner. Landscaping: Since utility services are not available and a Master Site plan is not required we are asking for the landscape plan requirements to be waived at this time. Weed control measures are taken during the course of the season to keep weeds from being a problem. The City has been working on weed control and all grass is kept mowed to keep from being aprobletn Lighting: Since utility services are not available on the property we do not anticipate having any events after dark. For safety reasons we may have to use temporary portable light plants for people leavigg dte facility after dark. The light plants are similar to what you would rent fiom a tentat facility that includes a generator and light plant. They are non-obtrusive to any neighbors to the pmpetty. Noise: ACC 8-4A-15 At this time we do not plan on having events between the hours of ten o'clock (10:00) PM and seven o'clock (7:00} AM. Our sound system is a ]50 watt amp with 6 speakers and is just for the purpose of the announcer to speak to the spectators and for background music. The location of the bleachers and announcer stand is such that sound does not offend any of the neighbors to the property. Signage: Amy signage used will be approved by the City and adhere to County i4 CaUNTY JUN 0 9 20101 DEUFLOPpAEMT SEAS/l~E°, Meridian Lions Club PO $ox 266 Meridian, ID 83680 Discussions with Meridian Fire Depattment: Previous discussions with the Meridian Fire Deparht~ent have indicated that there will be a working relationship between the department and the Meridian Lions Club. Previous letter is attached to this application and new discussions will take place. Discussions with Idaho Department of Environmental Quality: Previous discussions with Idaho DEQ indicated the main wncern with them is air pollution due to dust stirred up by ground preparation and the animals in the arena The use of wafer trucks at the events has kept dust to a minimum in the past and will be continued as needed. The trucks are used for all parking areas and the aeena. As pazking lots are developed the dust will also be fiuther reduced. Discussions with Ada County Highway District: Previous discussions with ACHD have been positive for this project and further discussions will be held. The main issues to address will fie entrances to the property. Due to the fact that we are anon-profit getup that raises funds ko give back to the community we do not have large amounts of capital to fltnd major improvements on the facility and must depend on donations from outside sources to accomplish what we can, We would appreciate your help in working with us to accomplish this application process. The Meridian Lions Club is a local aervica club that is part of Lions International and we raise funds through community projects. The annual rodeo has become one of the largest local rodeos in the Northwest and cotttinues to grow. The money raised is primarily for local needs of the community and its citizens. Our emphasis is on sight and hearing loss prevention, diabetes awareness, and youth development. Thank you in advance for your consideration of this application. I can be reached by phone at 208-8d6-0311 or by email at dougbeehl r a digit net. Doug B er Apq CCUNTY i President, Meridian Lions Rodeo JUN ~ 9 7p~0 UEi~~'! OPCrI~FITS~gy;CF^, rage t of t ~ Diana Sanders Wit,. From: dougbeehler~dtgis.net Sant: Wednesday, June 30, 2010 7:11 PM To: Diana Sanders Cc: Don Carsoh SubJect: CUP for Meridian Lions Rodeo Dlene, I em out of town till the 4th of July but wanted to gat you soma Info about the concessions and bleachers. The hleachers will hold shout 1500 people. Typlcalty we have aboul900-1,000 people using the bleachers. These are the same bleachers that the Counly has Inspected and approved for use the lest few years. We have repaired thorn as needed. The aonaesslon area conelats of Coce Cota wagons and portable grills. The Centrel lhaMot HeaRh Dept has inspected and approved for use these same items In past yeare. Ifyau need any further info please let me know. Thanks, Doug Doug Beehlet, CMFC 830 N. Mein St, Sbe 210 Meridian, ID 83642 Office 208A88-9590 Cell 206-886-0311 Home 20&9395747' Fax 208.884-5665 a~,a coulvrY JUN 3 0 2010 7/1/20I0 DEUELQPMENTSERUICES CRY OP J C~ri~i~-n 11 IDAHO MAYOR Tammy de Weerd CITV COUNCIL MBMHBRa Koilh Bird Joeiph W. Gorton Cberlea M. Rountree David Zeromba CITY D1tPARTM9NTa City AttorneyJHR Matffng.iddiess: 33 E. Idaho Avenue Street Address: 703 N.Main 8traet 898.5506 (C1ty Attorney) 898-5303 (HR) Fsx 884-8723 Pire 540 E. Franklin Road 888-1234 ! fax 895-0390 Parka & Recreation 1 I W. Bower Street 888.39791 fax 688-6654 Planning b60 E, wetertower street suiee zo2 884-5533 /fax 888-6854 Potico 1401 8. Watertower Street 888-6678 /fax 846-7366 Public Worke 660 E. Watertower Street Suite 200 s9s-ssao J rax s9s-9ss1 - Building 660 E. Wetertower Street Suite 150 887-2211 /fax 887.1297 Weatowater 340! N. Ten Mile Road 888-2191 lfax 884-0744 - Water 2235 N. W. 8th Street 886-3242 /fax 884.1159 March 30, 2007 Mr. Bruce Wall Ada County Development Services 200 W. Front Street Boise, ID 83702-7300 Re: Meridian Lion's Club Rodeo Property Dear Mr. Wall: 'i'ht: property at 6054 W. Cherry Lane is within the Meridian Rural Fire Protection District. After reviewing the plan received on March 22, 2007, Meridian Fire Department can work with the Lion's Ciub on access roads, 20' wide lire lanes and tum-arotlnds. Rasp tfully, ebnw ~~`~--~ kor K y Bowers Mt:tidian Fire Department ADA COUNTY ADA COUNTY Aron ~ 7 ~-`~~ JUN d 9 ?D10 Df.VFLOPMEN7SEfiViCES I gEVELOPMENT SEf1VICES CITY HALL 33 EAST IDAHO AVeNUR MBRR)]AN, IDAHO 83642 (208) 888-4433 Cft'Y CLERK-PAX 898.4218 FINANCt{8r (r]'8.nY 8R.LMC-FAX 887.9818 MAYOR'80FF1Ca-PAX 8848719 mail,digis.net-,Digis Webmail „ Doug, Here is the email kom the County Engineer, Diana Sandere Associate Planner Ada County DevelopmentServices 208-787-7905 Page 1 of 1 irom: Nm Farre:a Bent: 1'hursdey, May 13,1010 9:51 pM Ta DwnaSaafders Cq Mark ierr~ BuWase MerWlan Lyon's pub Diana, we met earlier Ihis week with the Meridian Lyon'a Club t0 dlsousa fhelr plans for use of a parcel for a yearly rodeo event. Since the parcel will sae most of the yearly usage during a 2-day period, I see no benefit in requiring the epplicanls provide a paved parking lot at 6hls time. They have agreed to ro-I and water the field prior to the yearly event, Thls should prove sadafaotory. We may wish to condition the approval as being able to reevaluate the situation should problems be noted In the future or If the public complains. Jim Farrens Ada County Engineer ADA CgUNTY ~u~ o s lain DEVEl.OPMEN7 SERVIC[= http://webmail.digis.net/eonapps/ft/wmlpaaelviewMessapeAttachment7foldet=[NBO7C&mi... 6/3/2010 ~~ .. BPIQIA<1kW11d5 Mgldan hone CJeb R 4. Boz 266 Mptdl~p`/dalq 83680-07b4 PRQ7EC~ N0.200700DD!-ql APPLIGTIOM FOR CONDITIONAL WL PEPINItP Ad9 COUntT pevalopment Selvlros 200 W. Front Strt'et Bolsa, Idaho 83702 ' 1 _i(M~ ,.. IVC~Jk '~' PARKING DIMENSIONS ' SorlhoelltSN e ._.. ........__a.T...J ~ - - .s,~-. n Nori~h P PARKING LAYOUT SGYflhaedrQOfl Y i I MrNlfon L W u Rodq P~ANq eumm~ry: Row1 evwAOOOes.feC %~ fensYansaldWC agel memam~asw9 Rax Ts aesm_ RowTL 1181x. Rawls N 8q. l~99h IY Stl, Rawls A289f. Row411 19em. Rowe. 1991x1 Row eB M9ai. Rawer MBN. Roweb IBBm. Rowri ~8m. TaW: eYeaAabpa. WC 10MWMa0 H1C 19/BhndW PuIGn88kb. N anbr b peNASaan6MN an 9N ps9dny hryd9, tlr caub hM/ wNd tlpM1U/ bntle loblb ~ enos7er91en PR+7oWNR•e~.meootu daJtpwtlon m 19awIM FNC pwWrp akta: ,aoa courvrr .lUN - 9 2010 u-a~or ;` 1 ~~'Y ~°^' DEVELOPMENT SERVICES F----Contec~ant Prrp Araa g .vra~ti~e e Arann ¢ Si 100'0.00" 7IME LIONS CLUB RODE f: ~i i r r f tt INBOUND NOTIFICATION FAX RECEIYEO SU[CESSFULLY t* I~ RENOI'E CSID WRAf~ Y PN 7EN MILE CHEEK PROPEflTY uNp f 6' CH N LINK ~ ll'lIIE'il~jli!!I~II!I!i!!!i!~i'il!II! CONTESTANT BARRING (~0) ARENA I \ £lr yr ~ ifl ~ j i; ! ` 26Y 1 i - .,fq i{~ ~ " ARENA lROUGN~ it " ~' i~ °yl ~STOdC~ ~I JJ +~ + I+ I .~t r=V- ii i. Q. k ;___ _.,__ _...__ \~ -" ° t5 NC//VvAN `_'; PENS ~ ~ i ACCESS ~~ 2 ~ ITfl7llil'tTil!Tfift!<l; "."••""'_ ii 3 ;~ ~y`.;~. u fL~j ~ I I~f 1 l I `~ ~ I: 3. E"' ~ i T•S 11111 III ~;"";~1"l~~ ~ti~. ' ~ ,,'1] t11'''''I'f;'! ` ,,, "1 ~I . W °:III11i"~(ITf~~ fI_ '1 1 ':~` ~~~ ~ ~ ~ ~ ~' ~°~ffI~~H~I#-~Nl~fll`I~41rNNf~EH,~;'~ ~`!I y ~ ~ ~~ p~~ ~;" 'N~+NFNi~rt+BNN "`~ '~ '1 " o f 1::' ffNi'.f!i'Hifi~f`4f~`N'f ;; ,, ~. !' ` ~ ~~ ; + 564 14'»20' PARKING STALLS :'; it ' PLUS 15 NC STALIS "; I, ' ~ ~ 25' DRIVE AISLES '~•~ i i \,., ;, ." " `:Hf _ .• coat. arcR ~'~. --- CHERRY LANE ~ RousE V ' SCALE 1 "=200' ADA COUNTY ~uN z ~ zoio DE'IELOpMENTSERVICES P.xxtarrs ROI000331~CU a1BRIpIAN L[ON8 CLUB Pact-R• Fex Note 7871 oaue~.~ T" ~q .~ AAq)sRS J CO~Dep4 ~ fiI5 ~' AL ,~d IYWne. • ~ oo 3- BQ3 P.] i3UILDING bIVISION MEMO DATE: 6/23/2010 FROM: Bob McKinney, Plans Examiner II TD: Diana Sanders, Associate Planher SUBJCC7; 2010005~i1 CU Meridian Lions Club Rodeo The building Division as In years past will regWre a building permit fpr a one time fnspectlon to Ensure conformance with the established Flre and Llfe Safety criteria eatabllshed Ili the 2005 submittals by Architect Byron Lee Smlih and Engineer Darren Truchots' building permit submittals. The 2010 Inspection will be perfnrmedtothe same standards as the previous years as establlsh6d In 2005, This practice will continue until something changes such as new structures are added or modlfled. At that point this pract~ae well 6e dlscontmued. 6,~iIBIT 4 20I000374CU MBBIDIAN LdON3 CLUa vE JUL 01101 ;. . [~RGAhiILf.O IVGA ADA COUNTY ~J n DEVELOPMENTSERI i 1503 FIRST STREET SOUTH NAMPA, IDAHO 93651.4395 - FAX B?09J63A092 ~~ ~' ~~ Jpi~ ~ZUiO Phonn; Areo Code 209 ~~~~~_- OFFICE; Nampo A667B61 SHOP: Nampa 466-0663 Ada County Development Services . , op'?~Y.=~ontst. ..., .:.. RED Z.p10R 1-CU/Meridian Lions Club Redeo Rear Development Servlcesl_ C: Ark - OCficNSllGp APFRO%IMATE IRRIOAEIF ACRES RIVER FIOW RIGHTS • 43,000 BOISE v0.0JECi RIGHTR-d0,00D CE JUL u 9 2010 Rezone # . t;andltional Preliminary /Final /Short Plat HEALTH DEPAF+ , MENT petum to: ll Health Division ^Base ^ Oarden City []Merrctan :U ~.... ...r _G/.E~r t 4, ~~x - - - _ _ []Star ^t. We have Nn Objections to this Proposal. Q2. We recommend Denial of thls Proposal. []3 Specitlc knowledge as to the exact type of use must be provided belore we can comment on this Proposal. Q4. We wlll requlre more data concerning soli condlUons on this Proposal t>afore we can comment QS Before we can comment ~nceming Indwidual sewage dlaposal, we will requlre more data concerning the depth of: ^ high seasonal ground water ^ waste flow charec9edstics ^ bedrock from odginal grade ^ other Q6. Thls otgce may requlre a study to assess the impact of mrtrients and palhagens to recelWng ground waters and/or sudece waters. Q7. This protect shall be revlawed by the Idaho Depadment of Water Resources concerning well oonstmcllon end wateravailabllky. QA. After wdtten approval tram appropdate enddea are submitted, we ran approve thls proposal for ^ central sewage ^ communiiysewagesyatem ^ communitywaterweg ^ intedmsewage ^ centrelweiar ^ indivlduelsewage ^ IndNidualwater ^8, The Iollowing plan(s) must be submitted to and approved by the Idaho Department of Environmental Quallry; ^ central sewage ^ community sewage system ^ community water ^ sewage dry Ilnes ^ central water ^10. Run•olf is not to create a mosquito breeding problem. [~1 t. This Department would recommend deferral unh1 high seasonal ground water can bA determined g other conslderallons Indicate approval. ^ i2 II reatroom iacllltles are to be Installed, then a sewage system MUST be Installed to meet Idaho State Sewage Regulations, ~t3 We will re utre plans be submitted for a plan review for any: ~foodestablishment ^ ewlmmingpoclsarspas ^ dtgdcarecenfer ^ beveregeestabllahment ^ grocarystnre [~ 14. Piease see attached storrlwater management recommendations ~ 15. ~~ ~~ ~ ..+~t"~' /.~P~ Lfr Reviewed By: 1 rarlr.,wnA . Date:.~~,~ Ewrrerra soraoossl-cv trtra ReYieW Sh88t +s+sem~exuaw MERWIAN LIONS CLUB r ~~ ,,~~~~ ~~1 Gorn.wEtXulfie b Juy 21, 2010 To: Meridian Lions Club Doug Beehler P.O. Box 266 Meridian, Idaho 83880 Subject: 207000531-CU W. Cherry Lene. Sherry R. Huber, President Rebecce W. AmaW, Vice President John S, franden, GOmmis~onw Carol A. Mtlcee, Commissioner Sarah M. Baker, Canmissioner ~u~ 1 s zow . ADA COUNTY On July 21, 2010 the Ada County Hlghwey District S1aH acted on your application for the above referenced project The attached report Ilsts s[te-specH(c requirements, conditions of approval and street Improvements, which are required. If you have any questions, please feel free to contact me at (208) 387-6177. 3incerety, U Kristy Heiler Planned Right-of--Way & Development Services Ada County Highway District CC: ProJectflle Ada County Development Services, City of Meridian, Don Carson Ada County Highway DlStrkt • 3775 Adams Street • Ga'den qty, ID •83714 • PH I08-3B7-6100 • FX 345~765D • vrvuw.achd,ade.ld,us SXEIrBPr 7 201000531.CU n,raamuu r,rnrua rr.rm Right-af--Way c~ Development Services Department PrajacllFile: 201000531-CU This is a conditlona/ use application for the Meridian Lions Rodeo (commercial riding arena, equestrian events) on 29.586-acres. This stye is located on the north side of Cheny Lane, east of the corner of Cherry Lane and McDermott Road In Ada County, Idaho. Lead Agency: Ada County Slta Location: W. Cherry Lane Staff Approval: July 21, 2010 Owner: City of Mertdlan 33 E. Broadway Ave. Meridian, Idaho 83642 Applicant: Meridian Lions Club Doug Beehler P.O. Box 268 Meridian, Idaho 83680 Stall Contact: Kristy Heller Phone: 387-6171 E-mail; khellerCa?achdidaho.ora Tech Review: July 14, 2010 (via email) Application Infiormatian: Acreage: 29.586 Zoning: RUT (Rural-Urban Trensitbn Zone) Proposed Use: Meridian Lions Rodeo A. Findingsaf Fact Existing Conditions 1. Site Information: The site has some structures onsite from prior temporary use approvals. 2. Deacri tlon of Ad scent Surroundin Area: Direction Land Use Zonin NoRh Rural-Urban Transition Zone RUT South Rural-Urban Transtion Zone RUT East Rural-Urban Transition Zone RUT West Rural-Urban Transition Zone RUT 3. Existing Roadway Improvements and Right-of-Way AdJacent To and Near the Site: AdJacent to the site, Cherry Lane Is Improved with 2 travel lanes, 25-feet of pavement, and no curb, gutter, or sidewalk. There is 50-feet of right-of-way (25-feat from centerline). 201000531-CU f.. • Near the site, McDermott Road Is Improved with 2 travel lanes, 28-feet of pavement, end no curb, gutter ar aktewalk. 4. Exlsting Access: There is one defined atxeas to this site off Cherry Lane. 5. Exlsting Condltlon of Area Roadways: Roadway Frontage Functlonat Tragic Count Level of Speed Claaslfleatlon Service' LImR Cherry 995' Prindpal 7843 east of McDemtott Road on Better 45 Lane Arterial 5/8/2010 than "C" MPH McDermott 0' Prindpal 592 north of Cherry Lane on 3/18/2010 Batter 50 Road Arterial 480 south of Cherry Lane on 4/18!2001 than "C" MPH 'Acceptable level of service for etwo-lane principal arterial roadway is "E' (14,000 ADT). 6. Site History: ACHD staff prevtousy reviewed this site for the Meridian Llona Rodeo, as a temporery use (2800214-TP, 200700187-TP & 200800151-TP) In September 2006, September 2007, and August 2008. There were no requirements et the time of the applications due to the application being a temporary use. Development Impacts 7. Trip Qeneration: This development Is estimated to generate approximately 47 addKianal vehicle h'Ipa par day, based on the Institute of Transportation Engineers Trip Ganeretlon Manual, 8'~ edition. During events, actual Irlp generation will be slgnificantty higher. 8. impact Fear: There will be an impact fee that ie assessed and due prior to issuance of any building permits. The assessed impact fee will be based on the impact fee ordinance that Is In effect at that time. 9. Capital Improvements Plan (CIP) /Five Year Work Plan (FYVYP): There ere no roads, intereedlons, or bridges in the general vicinity of the development that are programmed for Improvement in the current Five Year Work Plan. • Cherry Lane Is listed in the Capital Improvement Plen (CIP) for corridor preservation to accommodate widening fo 5-lanes In between McDermott Roed and Black Cat Road. B. Findins~s for Consideration 1. Ch®rly Lane Right•o1~Way Policy: District policy requires 96-feet of right-of-way on arterial roadways (Figure 72-F1B). This right-of-way alk>ws for the constnactlon of a 5•lene roadway with curb, gutter, 5-foot concrete detached sidewalks and bike lanes. Sidewalk Policy: Distdct policy requires 7-foot wide attached (or 5-foot detached) concrete sidewalk on all collector roadways and arterial roadways (7204.7.2). , ACHD Master Street Map: ACRD Policy Secllon 3111.1 requires the Master Street Map (MSM) guide the right-of-way acquisition, collector street requirements, and specific roadway features required through development. This segment of Chary Lane is designated In the MSM as a Planned Commercial Arterial with 5-lanes and on-street bike lanes, on-street parking and an 82-foot street sedlon within 98-feet otrlght-of--way. Exlsting Conditions: Cherry Lane la improved to 2-lanes (25-feet of pavement), with no curb, gutter, or sidewalk within 50-feet of right-of--way. Applicant's Proposal: The appllcent Is not proposing any improvements on Cherry Lane abuHing the site. 2 201000531-CU Stafff CommvnlfRecommsndatlans: Typically with this type of development application, the appNcant would be required to dedicate 48-feet of right-of-way from the centerline of Cherry Lens, as wall as construct a 5 foot wide detached concrete sidewalk located a minimum of 42-feat from the centerline of Cherry Lane abutting the site. However, due to the lack of improvements adjacent to the site, and the large amcunt of frontage on Cheny Lane (995-feet), staff recommends a modification of policy to allow the applicant to do one of the following: 1. Dedicate 48•feet of right-of-way from the centerline of Cheny Lane abutting the site and construct a 5-foot wide detached concrete sidewalk located a minimum of 42-feel from the centerline of the roadway abutting the site, or; 2. Dedicate 48-feat of right-of-way from the centeNine of Cherry Lene abutting the site with no compensedon in tleu of sidewalk construction. This site has also been designated as a future Gity of Meridian park. With a future development application, additional frontage improvements maybe required. 2. Driveways Access Management Policy: DlstNct policy 7207.8 states that direct areas to arterials and collectors Is normalcy reatdcted. The developer shall try to use combined access points. ff the devebper can show that the use of a combined access point to a collector or arterial street Is impractical, the District may consider direct access points. Access points for proposed developments at Intarsectlons should be located as far from the intersection as practical, and in no case closer than as illustrated on Figure 72-F4, unless a waiver for the access point has been approved by the DisiNct Commission. Successive Driveway Policy i;4$ MPH): District policy 72-F5, requires driveways located on collector or arterial roadways with a speed Ilmit of 45 to align or ofrset a minimum of 230-feet from any existing or proposed driveway, Driveway Width Policy: District policy 7207.9,3 restNcts commercial and institutional driveways with daily traffic volumes over 1,000 vehicles to a maximum width of 36-feet. Most commercial dNveways will be wnstructed as curb-cut type facllltles If located on local streets. Curb return type driveways with 15-foot radii will be required for drveways accessing collector and arterial roadways. Driveway Pavlnp Policy: Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. in accordance with DistNct policy, 7207.9.1, the applicant should be required to pave the driveway its full width and at least 30 feet into the site beyond the edge of pavement of the roadway and Install pavement tapers with 15-foot radii abutting the exiettng roadway edge. Applicant Proposal: The applicant is proposing to utilize the 20-foot wide existing driveway onto Cherry Lane located 1,277-feat east of the intersection of McDermott Road and Chary Lane (815- feetfrom the nearest existing driveway on the south side of the roadway). _ Staff CommentlRecommendatlon: Staff recommends a modification of policy to allow the construotlon of one driveway onto Cherry Lene, as it meet's the Intent of ACHD's Access Management policy, by providing sole access to the site; therefore, the applicant's proposal la utilize the existing dNveway onto Cherry lane should be approved, as proposed. The applicant shculd be required to pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway. This site has also bear designated es a future City of McNdian park. With a future development application, access to Cherry Lane will be restricted. Although District staff is making a recommendation to allow the continued use of fhe existing driveway located 1,277-feet east of the Intersection of McDermott Road and Cherry Lane with this applicallon, the applicant should plan on 201000631•CU providing a combined access point for use by both the Meridian Lions Rodeo and the future park once the remainder of the paroet redevelops. 3. Landscaping Tree Planter Policy: The District's Tree Planter Polley prohiblls all trees in planters lase than B-feet in width without lha Installation of root barriers. Class II trees may be allowed in planters with a minimum width of 8-feat, and Clesa t and Class III trees maybe allowed in planters with a minimum wldlh of 10-feet. License Agreements: A license agreement is required for all landscaping proposed within ACRD right-of-way or easement areas. Trees shall be located no closer than 10-feet from all public alarm drain fadlldes. Landscaping should be designed to eliminate site obstruc8ons in fhe vision triangle at intersections. District Policy 5104.3.1 requires a 40-foot vlslon triangle and a 3-foot height restriction on all landaceping located at an uncontrolled Intersection and a 50-foot offset from stop algns. Landscape plans are required with the submittal of civil plans and must meet all District requirements prior to signature of the final plat and/or approval of the civil plans. 4. Other Access Chevy Lana Is classited as a pfinGpal arterial roadway. Other than the access specifically approved wllh this apptica0an, direct lot access is prohibited to this roadway. C. Site Specific Conditions of Approval The applicant will be required to do one of the following for Cherry Lene abutting the site. 1. Dedicate 48deet of right-of-way from the centerline of Cherry Lane abutting the site and construct a 5-foot wide detached concrete sidewalk located a minimum of 42-feet from the centerline of the roadway, or; 2. Dedicate 48-feet of right-of--way from the centerline of Cherry Lane abutting the site with no compensation, in lieu of sidewalk construction. 2. Pave the existing 20-foot wide driveway located at the east property line its fu0 width and at least 30-fee! Into the site beyond the edge of pavement of Cherry Lane. 3. Enter into a license agreement for any landscaping located within ACHD right-0f--way abutting the site. 4. Other than the access spe~cally approved with this application, direct lot access Is prohibited to Cherry Lane. 5. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval 1. Any existing Irrigation facllitlea shall be relocated outside of the right-of-way. 2. Prltrate sewer or water systems are prohibited fr8m being located wilhirS any ACHD roadway dr right-of-way. 3. All utility relocation costs associated with improving street Prantages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387.6280 (with file number) for details. 5. Comply with the District's Tree Planter Width Policy. 6. Utility attest cuts In pavement leas Than flue years old are not allowed unless approved In writing by the District. Contact the Dlstrlct's Utility Coordinator at 367.8258 (with file numbers) for details. 4 201000531-CU 7. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and aA applicable ACRD Ordinances unless specifically waived herein. An engineer registered In the State of Idaho shall prepare and certify all improvement plans. 8. The applicant shell submN revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. g. Construction, use and property development shall be In conformance with all applicable requirements of the Ade County Highway Distdct prior to District approval for occupancy. 10. Payment of applicable road Impact fees are required. prior to building construction. The assessed Impactfee will be based on the impact fee ordinance that is In effect at that lime. 11. It is the responsibility of the applicant to verify all existing utlllttes within the right-of-way. The applicant at no cost to ACHD shall repair existing utllitles damaged by the epplcant. The applicant shall be required to call DIaLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACRD Traffic Operations 387-A190 in the event any ACHD conduits (spare or filled) are compromised during any phase of wnstructlon. 12. No change In the Perms and condllions of Ihis approval shall be valid unless they are In writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written conHmtation of any change from the Ada Gounty Highway District. 13. Any change by the applicant In the planned use of fie property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal reairictions in force at the time the applicant or Its successors in interest advises the Highway District of its Intent to change the planned use of the subJect property unless a waiver/variance of said requirements or other legal relief Is granted pursuant to the law In effect at the lima the change in use is sought. E. Conclusions of Law 1. The proposed site plan is approved, If all of the Site Spedflc end Standard Conditions of Approval are satlsFled. 2. ACHD requirements are Intended to assure that the proposed use/development will not place an undue burden on the existing vehicular trensportatlon system within the vicinity impacted by the proposed development. S 201000631•CU Attachments i. Vicinity Map 2. Site Plan 3. Utility Coordination 4. Development Process Checklist 5, Request for Reconsideration Guidelines OR Appeal Guidelines 201000531-CU l 9 7 201000531•CU ~ ~ oevrsErn~s f:... Ada County Utility Coordinating Council Developer/Local Improvgmsnt District Right of Way Improvements Guldaline Request Purpose: To develop the necessary avenue fog proper notrficaflon fo uNlifles of local highway and road improvements, to help the utilities In budgeting and fo Garify fhe already exls(Ing process. 1) Notiflcation: Within five (5) working days upon notification of required right of way improvements by Highway enfiifes, developers shall provide written notification to the affected utility owners and the Ada County Ulillty Coordinating Council (UCC). Notifcation shell indude but not be limited to, project limits, scope of roadway Improvements/project, anticipated construatlon dates, and any portions arltical to the right of way Improvements and coordination of ullllties. 2) Plan Review: The developer shall provide the highway entitles and all utility owners with preliminary project plans and schedule a plan review conference. Depending on the scale of utility improvements, a plan review conferenae may not be necessary, as determined by the u111ity owners. Conference notfication shall also be sent to the UCC. During the review meeting the developer shall notify ulilltles of the status of right of way/easement acquisition necessary for !heir project. At the plan review conference each company shall have the right to appeal, adjust and/or negotiate with the developer on its own behalf. Poch utility shell provide the devebpar with a letter of review Indicating the costs and time required for relocaiion of Its facilities. Sold letter of review Is to be provided within Ihirry calendar days after the date of the plan review conference. , 3) Revisions: The developer Is responsible to provide utllitles with any revisions to preliminary plans. Ulllltles may request an updated plan review meeting ff revisions are made in the preliminary plans which effect the utility relocation requirements. UUlitles shall have thirty days after receiving the revisions to review and comment thereon. 4) Final Notification: The developer will provide highway enfities, utility owners and the UCC with final notification of its intent to proceed with right of way Improvements and include the anticipated dale work will commence. This not~catlon shall indicate !hat the work to be performed shall be pursuant to final approved plans by the highway entity. Tha developer shall schedule a preconstruction meeting prior to right of way improvements. Ul11Ity relocation activity shall be completed within the times established during the preconatruction meeting, unless ' otherwise agreed upon. ' NoNflcatlon to the Ada County UCC can be sent to: 50 S. Cole Rd. Boise 83707, or Visit iducc.com for e-mail notification Infonnallon. 201000831-CU Development Process Checklist ®SubmU a development eppllcaUon to a City or to the County ®The Clty or the County vAll trensmlt Ute devalopmentapplicadon fo ACHD ®Ths ACHD planning Ravlew pivlslon will receive Me development applicatlon to review ®The Ptannlnp RaWsw DlWtlon vAll do one of the following: ^Send a "Na Revlrw" letter to the applicant eteUng that there are no alts specldo requlremen~ at this tlme. ^Send a "Comply With" letter to the applicant etatlng Ulat if the development h within a p-alted eubdivrslon or part of a previous development appdcaUan and That the site speclfie requirements from the prevbue development also apply to this development appllcatlon. ®Wdte a BtaH Level report anatyaJng the Impacts of the development on the Irenaporlsibn system and evaluatng the proposal for tts mnfomtanca to Dtetrtct Pdicy. ^Wdta a Commlrrlon Level report aneryzing the tmpeets of the development on the trenepartatlan system and evaluating the proposes for Ile conformance to Disbfct Pgllcy. ®The Planning Ravlew Division will hdd a Teehnlcal Ravlew meatlng for all Staff and Commleslon Lawl reports. ^For ALL development applicaUcns, induding thou rersiWng a "No ReWew" or "Comply Wlth" letter. • The epplkant should aubmtt two (2) sate of engineered plena directly to ACHD for review by the Development Ravlew DlWslon for plan reNew and asseasmentof Impact fees, (Note: I/there are rw silo improvements required by ACHD, than arohttecturel plans maybe submitted for puryoees of Impact fee celcutedon.) • The applicant ie required to get a permit from Constructlon Services (ACHD) Por@~lY work In the right-of-way, Including, but not limited lo, driveway approadrea, street improvements and utlllty cuts. ^Pay Impact Fees pdorto issuance of bulWing permit. Impact fees cannot be paid pdorto plan reWew approval. DID YOU REMEMBE2 ConefnrcNOn (Zane) ^ Driveway or Property Approach(e) • 5utsntta-DdvewayApproachRequesCformtoAdaCountyHlgbwayDlahict(ACHD)ConsWclian(torepprovalby Development Services 8 TrelUo Services). There Is a one week lumaround for this approval. ^ Worklnp In the ACHD Rt~rt-of-Way • Four business days pdw to starling vnnk have a bonded contractor submit a Temporary Hlghwey Use Permit AppllcaUon' fo ACHD ConatrucUOn - Permits along wlUc a) Traffic Control Plan b) An Erosion 8 Sediment Contrd Narretlve 8 Plet, done by a Certltled Plan Designer, If trench Is >SO' or you ere placing >800 et of concrete or asphaU. Conafructlon (Subdlvlsfana) ^ t;edimsnt S Eroslpn Submittal At least are week prior to selling up a Pra-Con an Erosion 8 Sediment Control NarreUve F. Plat, done by a CerUded Plan pedgner, must be fumed Into ACHD Conetnrctlon - Subd{vielon to be reviewed and approved by the ACRD Drainage DlWslon. ^ Idaho Powor Company Vic Steelman at Idaho Power mustheve hla IPCO approved set of subdlv[slon utllity plans prior Io Pre-Can befog scheduled. ^ Plnal Approval from Drvelopmant ttsrvicea ACHD Consbudlon - SubdlWelon moat have received approval from Development Serv[cea prior b schadullrrg aPre-Con. 8 201000531-GU f Request for Appeal of Staff Decision 1. Appeal of Staff Deolsion: The Commission shall hear and decide appeals by an applicant of the final declslon made by the ROWDS Manager when it Is alleged that the ROWDS Manager did not properly apply this sedlon 7101.fi, did not conslder all of the relevant Packs presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously In the Interpretation or enforcement of the ACHD Policy Manual. a. Filing Fee: Tha Commission may, from time to time, set reasonable fees to be charged the applicant for khe processing of appeals, to cover admintstrative costs. b. Inltlatlon: An appeal Is InlClated by the flling of a written notice of appeal with the Secretary of Highway Systems, which must be filed within ten (10) working days from the date of the declslon that is khe sub]ect of the appeal. The notice of appeal shall refer to the declslon being appealed, Identify the appellant by name, address and telephone number end state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law rolled upon and shall InGude a written argument in support of the appeal. The Commission shall not conslder a noklce of appeal that does not comply with the provisions of this subsedlon. c. Time to Reply: The ROWDS Manager shall have ten (SO) working days from the date of the flling of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant to discuss the matter, and may also conslder and/or modify the decision that Is being appealed. A copy of the reply and any modifications to the declslon being appealed will be provided to the appellant prior to the Commission hearing on the appeal. d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the ROWDS Manager's reply to the notice of appeal. A copy of the declslon being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one (1} week pr[or to the hearing. e. Action by Commission: Following the heating, the Commission shall either affirm or reverse, In whole or part, or otherwise modify, amend or supplement the declslon being appealed, as such action is adequately supported by the law and evidence presented at the hearing. 70 201000537-CU f Request for Recontsideration of Commission Action Request for Rsconstdsration of Commission Action: A Commissioner, a member of ACHD staff or any other person objecting to any final action taken by the Commission may request reconsideration of that action, provided the request is not for a recansidaration of an action previously requested to be reconsidered, an action whose provisions have been partly and materially carried out, or an action that has created a contractual relallonship with third parties. a. Only a Commission member who voted with the prevailing side can move for reconsideration, but the motion may be seconded by any Commissioner and is voted on by all Commissioners present. If a motion to reconsider Is made and seconded It fs subject to a motion to postpone to a certain time. b. The request must be In writing end delivered to the Secretary of the Highway District no later than 8:00 p.m. on the day prior to the Commission's next scheduled regular meeting folbwing the meeting at which the action to be reconsidered was taken. Upan receipt of the request, the Secretary shall cause the same to be placed on the agenda for that next scheduled regular Commission mee0ng. c. Tha request far reconsideration must be supported by written documentation setting forth new facts and information not presented at the eahiar meeting, or a changed situation that has developed since the taking of the eadler vote, or information establishing an error of fact or law In the earlier acton. The request may also be supported by oral testimony at the meeting. d. if a moticn to reconsider passes, the effect Is the orlglnal matter is in the exact position it occupied the moment before It was voted on originally. It will normally be returned to ACHD staff far further review. The Commission may sei the date of the meeting at which the matter (s to be retumed. The Commission shall only take action on the orlglnal matter at a meeting where the agenda notice so provides. e. At the meeting where the orlglnal matter is again on the agenda for Commission action, interested persons and ACRD staff may present such written and oral testimony as the President of the Commission determines to be appropriate, and the Commlasion may take any action the majority of the Commission deems advisable. f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrefive costs, as established by the Commission. 1i 201000831~CU /,.:.. i u,~,y~r~,t?o~a~y~r!~r~,,r~.raro~a~a~.,~t„~: m~wM.r~ mirar ter s+~id~aa er tit +~ran t~ ~"- ea th~r e~utird 3e • Pta~e c~vlew sin e-y~.~ ~:d,e~etar6t[d~~~. ~~ay 30^ ~~1•LO S3o~n~ss 1N3wao13n3s >;w+iBrr 8 zo,«,o»,.~~ I~RIbIAN LION3 CLI/B 3.,euv~IlA4RYFt7Rl1~i1`1'fOiV; ~~,rr_ ila~d phpi~ +~s ~~n.y•tt~~ t+~n~iralan. ~3 t~3. &?1-a~o, ~?~~~ . i k.{:Sts.,". ~x.. °~y _ >. f~ ~d c i i ~'~ ~i 4 ((11 sr, ~~ . ~~ Y~~ BEFORE THE ADA COUNTY PLANNING bk ZONING COMMISSION In ro: Application of MERIDIAN LIONS CLUB Project No. 201000531-CU FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER FINDINGS OF FACT If arty of these Findings of Fad are deemed Conclusions of Law, they are incorporated into the Coaclusioos of Law section. A, The Commission Ends that the record is comprised of 1. Exhibit I to ure Staff Report. 2. Exhibit A to the Fiudiags of Fact, Conclusions of Law and Order. 3. All other information contained in Ada County Development Services File for Project No. 201000531-CU. B. As to procedural items, the Commission finds the following: 1. in accordance wiW Section(s) 8.6-3A/8-7-3A2/8-7-4A1 of the Ada County Codo, the applicant completed a pro•application conference with the director prior W the submittal of the application on June 9, 2010. 2. In accordance with Section 8-7A-3 of the Ada County Code, the applicant held a neighborhood meeting on April I7, 2010. 3. On June 9, 2010, Protect k201000531-CU was submitted 1o Development Services and scheduled for public heazing beforo the Ada County Planning nod Zooiag Commission on August l2, 2010. 4, On June 22, 2010, staffnotified other agencies of this application and solicited their comments, Any comments toceived were incorporated inW the staff report and are attached in the Exhibit List. 5. On July 9, 2010, properly owgers withip 300 feet of the site were notified of the bearing by mail. Legal notice of the Conunissiott's hearing was published in The Idaho Statesman on 7uly 27, 2010. 6. Notices ofthe public hearing were posted on the property on or before August 2, 2010 sad a certification sign posting was submitted to the director on or before August 5, 2010. FINDINf1S OF FACT, CONCLI75ION5 OP LAW AND ORAFIi 20100p531CU,1NERIDIANLIONS CLUB Page 1 C. As to the project description, the Commission finds based on the application materials found in the 6le for Project No. 201000531-CU the following: 1, PROPOSED USES -Riding Arena, bacJsing chutes, bleachers, fencing, and announcer stand for Meridian Lions Rodeo, riding groups, High School rodeo clubs, Team ropers, Barrel Racers, and Reigiag. 2. PROPOSED STRUCTURES - Annrnmcer Stand and Bleachers, 3. PROPOSED STTEIMPROVEMENTS-400 Parking spaces including ADA parking, irai[er pazking and dust abatemem. D, Based on the materials found in the file for Project No. 201000531-CU, the Commission finds the following concerning the project description: 1. PARCEL NUMBER AND LOCATION - The subject properly is identified u Ada County Tax Parcels S 120433b45D and S 120433650D. The site is located at 6054 W. Cherry Lana in Section 04, T, 3N., R. ]W„ Meridian, Ada County, Idaho. 2. OWNERSHIP -The property is owned by the City of Meridian. 3. SITE CHARACTERISTICS Property size - Parcel S 120433645D cordains approxhnately 17.639 acres. Parcel S 1204336500 contain6 approximately 11.927 acres. Existing structures - $leachers and an affiouncer stand. Bxistiog vegetation -There is no vegetation currently on site. Slope -The Property is virtually Oat. Irrigafion - It appears that surface irrigation water is available to properly. Drainage - There do not appear to be any drainage ihcilities located an the property. Views -The site has Clear views in all directions. E. Based on the officially adopted Ada County land use maps, the Commission finds the following concemiug the current land use and zoning: The subject property is currently un-improved. The site is currently yAned Rural-Urban Transition (RUT) District. F. Based on the officially adopted Ada County land use maps, flee Corumissioa Suds the following concerning the surrounding land use and zoning: North: Tha Property to the north is zoned Rural-Utbart Transitiem (RUT} District and is unimproved lead, South The property to the sou0r is zonedRural-Urban Transition (RUT) Districtwith asingle- tPUnily residence aad unimproved land. East: 'The property to the east is zonal Rural-Urban Transition (RUT) District and is unimproved land. FINDINGS OF FACT, CONCLUSIONS OFLAW AND ORDER 201000531CU, MERIDIAN LIONS CLUB Pegs 2 West; The proparry to the weal is zoned Rural-Urban Traosidion tRUT) District with asingle- familyresidenceand unimproved Jand. 4. Haled on the officially adopted Ada County land use maps and materials found in the file for Project No. 201000531-CU, the Commission fords the following concoming services: Access Street and Designation: Official access to the subject property is provided fivm W. Cherry Lane (Principal Arterial). Fim Protection: The Meridian Fite District provides fire protection service to dre site. Sewage Disposal: The property is within the Meridian Municipal Sewer District. Water Service: The property is not within a Water District. Irrigation District; The property is within the Boise Project Board of Comrol and Nampa 8c Meridian Irrigation District. Drainage District; The propacty is not located within the jurisdickional limits of any of the established drainage districts. 13. As to the applicable law, the Commission finds the following: 'This section details the comp plan goals, objectives and policies; the zoning ordiaance regulations; and other applicable standards regarding development of the subject property. 1. The Commission fords the City of Meridian Comprehensive Plan is applicable because the properly i8 wlthitt the City of Meridian's Area of Impact. The Commission finds the application complies with the Ciry of Meridian's Comprehensive Plan because: Meridian's FuWre land Use Map designates the area as I.ow Density ResideutiaUCivic. The City of Meridian's Comprehensive Plan permits reertational uses that ace compatible with agricultural pursuits in We rural areas. 2. Tho Cornmiavion fords Title 8, Chapter 5, Article H of the Ada County Cade is applicable as this application includes a request to establish a eocmncroial stable, riding areas in a residential base district, which requires condidonal use approval, 'The required tlodings far approval of a cenditional use permit are sot forth below in Italics text, followed by the Commission's 6adings: B-SB-3: REQUIRED FINDINGS.• A. The proposed use is not detrimental to the public health, safety, or welfare; The Commission finds that the proposed use will not be detrimental to the public heath, safety or welfare because of tlce follow reasons: a. The proposed conditional use will be required to comply with all ceumy, slats, and federal regulations; b. The proposal has bear transmitted fA public agencies such as lire, police, and emergency service providers, and no cotnncerrts leave been received indicating concern with impacts to health, safety or welfare; c. The proposal complies or is conditioned to comply, with the specific use standards found Title 8, Chapter 5 of the Ada. Connry Code as descdbod below; aad FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORD13R 201000531CU, M1~IIDIAN LIONS GLU13 Page 3 B, The proposed use shall not create undue adverse impacts on surrounding properties; The Cornmiesion finds that the proposed use will not create undue adverse impacts on surrounding properties because ofthe following: a. The use is reshricted to daylight hours, duo to the fact that there era no utilities on site. Portable temporary lighting for We safety of vehicles leaving the premises after sundown and will comply with ACC 8-0H. The applicant ie proposing events that will primarily be on weekend days, with some will events during the weak by riding groups for practice sessions. Typically the events will beheld from April to October, b. Outdoor storage areas associated with the use will be required to screened from view; c. The use will be setback 100 feet from adjacent property; and d. The use will be subject to the noise ordinance and comply with ACC 8-4A-15. The applicant is proposing a I50 watt amp with six speakers for the announcer and backgrormd music. e. The applicant will provide for weed control on the property. C, The proposed use is consisMnt wlrh the applit»ble comprehensive plan; Tho Commission finds il~at the proposed use is consistent with the applicable comprehensive plea because of the following reasons: a. According in the official caning maps adopted by Ada Coumy, the sobject property is located withinthe City of Meridian Area of City Impact; thus the City of Meridian Comprehensive plan is applicable when considering development of the site; b. The subject property is designated as Low Acecity Residential with a civic overlay for a park on the 2010 City of Meridian Future Land Use Map; c. The proposed use, a stable, riding arena commercial, is agricultural in naturo and meets the iategt of the Residential zoning designation identified in the Future laud Use Map. D. The proposed use carnplies wish the purpose statement of the applicable base distNct and wish the speclJic use standards as setforth in this chapter; 1. The Commissiop tends the following concerning compliance with the applicable base district purpose statement: a. Tho existing use and associated improvesnents as highlighted above, are consistent with the goats and policies of the applicable comprehensive plan; b. The proposal will net preclude adjacent agricultural and Waal uses from continuing; and c. As the proposed use is limited in the use as a canrreercial riding atroa, the subject property has the potential for future redevelopment in aooerd with tiro applicable wmprehensive plan once urban publio services are available. FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER 201000531CU, MBRII?L9N LIONS CLUB Page 4 ~, 3. The Commission Ends that, as conditioned, the proposal complies with applicable spceific use standards found in ACC 8-5-3-1p7 ofthe Ada County Cade because of the following; A, The establishment is deemed commercial a~ requires a conditional use approval because the riding arena is open to the general public and clubs. Spectator seating is for more than fitly (50) ae identified as bleachers on the master ails plan as well as a concession's area. B. The applicant submitted a paddng plan for four hundred eighty-0ne (481) staadart! paddng spaces, ten (LO) ADA parking spaces, five (5) ADA van accessible parkhtg spaces, and forty (40) Contestant parking space allowing for horse trailer parking, The applicant has placed temporary signs to direct traffic in and out of the facility on Cherry Lane. No parking signs will be placed along Cherry Lane and McLlermott Road during the rodeo, due to the number of apcctators. TrafSc control attendams will be used as needed to avoid amgestion. The parking area will be packed and watered prior to and during evems as needed to keep the dust to a minimum. The Ada County Engineer has reviewed the plan and is reemnniarding that the parking area not be paved at this time. Ifthe dust becoines a problam the applicant will be required to address the problem. C. The minimum property sin for conunercial stable/riding arena is five (5) acres. The property currently contains thirty-nine (39) acres. D. The applicant is not proposing catering with this application. E. The proposed use complies with a0 applicable county ordinances; The Commission Ennis that the proposed use complies with all applicable County ordinances. F. The proposed use complies with all applicable state and 6ederal regulations; The Commission f nds that tLe proposed improveroeats will be res~icted by the ccaditions ofapproval to comply witli all applicable State and Federal tegulations. G. Thr: proposed use and facilities shall not impede the nomad developmart of surrounding Property; and The Commission finds that the proposed improvements will not impede the normal development of surtcundittg property because the proposed use is agricultural in nature and the surroundigg property has already been developed vvith rural uses. H. Adequate public and private facilities such as utilities, landscaping, perking spaces, end traffic circulation measures are, or shall be, provided for the proposed use. The Commission finds that the nature of the proposed use will not place a large demand on public and private fircilides. The applicant is providing four hundred eighty-one (AS 1) standard parking spaces, tan (10) ADA parldaig spaces, five (5) ADA van accessible parking spaces, and. forty (40) coatestara parking space allowing for horse trailer parking. The applicant has placed temporary signs to direct traffic in and out of the fircility on Cherry Lane. No FINDINGS OF FACT, CONCL1ISiONS OF LAW AND ORDER 201000531C(T, MERIDIAN LION5 CL[JB Page 5 parking signs will bo plaoad along Chevy Lane end Mcl)amwu Road during the rodeo, due to the nr~6ar of spectators. Tra~a control atoendads will be used as needed to avid camgestion. The perking area will be packed and watered prior to and during av~ais as neededto keep thodust to a nritdmum, No activities will wminue past dark, due to the lack of electrialy to the site. The applicant will be required to provide portable reatrooat facilities and comply with all Cerrural DistrictIieal~ Requirements. ACRD has epprovcd •ono access on Cherry Lane, which will acedto be 20 wide and 30 fedido the site beyond the edge ofpaveanent of Cherry Ltwe. The apphrant has requested the landscaping be waived until services era available. Weed oormol measures will be takes by the City of Meridian. CONCLUSIONS OF LAW If any of these Conclusions of Law are deemed to ba Findings ofFad they are incorporated into the Findings dfFactsection, I. The Commission concludes that ProjectNo. 201000531-CU campties w-Ilh the Cityof Meridian's Comprehemsiva Plan. 2. The Commission concludes that Project No. 201000531-CiJ campfiea witlr Article 8 58 of the Ada Coumy Code. 3. The Commission coachrdes that Project No. 201000531-CU complies with Article &5-3-107 ofthe Ada County Cade. ORDER Based upon tho Fiadirrga of Fad a~ Cancfirsioos ofLaw oumawed herein, the Commission approves Project # 201000531-CU, subject tothe Conditioffi ofAppmval attached as Erdribit A. DATED this l2'" day ofAugiavt 2010. B3~ ~_.~. _ _ Aotisg Chairperson Ada County Planning ~ Commission ATFEST: -~ .~~ A~~ r Mark erfect, Secretary PWDQd03 OP PACT, CONCLUSIONS OF LAW AND ORDER 201000531CU; MERIDIAN LIONS Q.UH paw 6 EXHIBIT A CONDITIONS OF APPROVAL FOR CONDITIONAL USE APPROVAL REQUIRED ACTIONS. THE FOLLOWING LC5T DETAHS THE TASKS THAT MUST BE COMPLETE=D BEFORE THE APPROVAL OF FCLE tl201000S31-CU WILL HE CONSIDERED FINAL. THE APPLICANT AND/OR OWNER HAVE UNTIL AUGUST 12, 2011 TO COMPLETE THE REQUIRED ACTIONS AND TO OBTAIN A ZONING CERTIFICATE UNLESS A TIME EXTENSION 1S GRANTED. SEE SECTION &7-6 OF THE ADA COUNTY CODE FOR INFORMATION ON TIME EXTENSIONS. IF A BUILDING PERMIT IS REQUIRED, THE ZOMNG CERTIFICATE SHALL BE ISSUED WITH THE BUILDING PERMIT. THIS APPROVAL SHALL BECOME VOID IF A VALID ZONING CERTIFICATE HAS NOT BEEN ISSUED HY THAT DATE, SITE IMPROVEMENTS ARE NOT ALLOWED UNTIL THE ZONING CERTIFICATE HAS BEEN ISSUED. ' I. The applicant and/or owner shall obtain wrten approval of the development (site pleaand/or use) from fire agcnciea rated below. All site improvements are prohibirted prior to approval of these agoocies. a) The Meridian Fire Distract must approve all firo flow requirements and/or building plans. b) The Nampa & Meridian irrigation District must approve all modifications to the existing irrigation system. e) Ada Cowriy Highway District must approvc the construction of the driveway approach for proper ingress and egress of the development silo. The veri8catien must bo on agency letterhead referring to rho approved ass, 2. A Building Pernrit for a one time inspection is required prior m the use of the bleachers, Please contact rho Conaty Building Official at 364 2277 for fee and application information. The design and construction of the development shall cotnply with the approved and stamped master site plan and the Ada County Cade. 3. Once construction is complete, the applicant shall roquost a wring compliance inspection from the Develnpt~nt Services Department. Staff wiU check for carttrpliance with the approved master site plan. The Duoctor must approve any modification and/or expansion to the master Hite plan. See Secdan 8-08-3 ofthe Ada County Code. TERMS OF APPROVAL. THE FOLLOWING TERMS MUST BE COMPLIED WITH AT ALL TIMES OR YOUR APPRO VAL MAY HE REVOKED. 4. A zoning certiSeate and/or a building pemut may not bo issued umil 13 days after the Commission issued the written decision on the proposed developmeut, In the event the decision ofihe Commission is appealed, the building pemrit rosy not be issued until th0 appeal is resolved in fhvor of tho proposed development. See Section 8-7-7 of the Ada County Code far more information on appeals. 5, Tiro use must comply with all Central Dislricl Health requ lrements. 6. Tba ffirector must approve any modiflcstion and/or expansion to the conditional use. Sea Section 8-4E-3 oftheAda County Code. 7. The use must comply with the specific use standards for commercial stable and riding arena in Section B-3-3-107 ofthe Ada County Code. 8. Americans with Disabilities Act (ADA) parkiug shall be provided and located so as to provide the CONDITIONS OF APPROVAL 201000531-CU, Iv1F'RmIAN LIONS CLUB 13xhibtt A Pepe 1 ~` EXHIBIT A shortest mute of travel from adjacent parking to an accessible entrance. 9. The applicant must comply with the submitted site plan and packing plan, submitted June 9, 2010 and June 25, 2010. I0. A minimum of 410 standard parking spaces, 40 wnreskaut parking spaces, five AbA van accessible parking spaces and ] 0 ADA crnnpliant parking spaces shall be required for the proposed event as shown in Exhibit tl4. 1 I. The temporary use sha11 comply with the design and dimensional standards of the Rural-Urban Transition (RUT) Aistrict, unless otherwise specified. 12. As approved by this action, the site shall be limited to the placement of temporary sUuctures as permitted subject to the regulations of Article 8-41. 13. No irrigation and/or drainage wakes shall ba impeded by any construction on site. 14. The property must be matuiged and maintained consistent whh the standard regulations in Title 8, Chapter 4, Article A of the Ada County Code. Please note that this Article contains specific regulations regarding the accumulation af,jrmk, atmospheric emissions, wnstruction sires, hazardous material storage, outdoor public address systems, outdoor storage of chemicals and fertilizers, iraosmisaion line corridors, and utilities. 13. Any lighting an the site shall wmply with the lighting regulations in Title 8, Chapter 4, Article H, ofthe Ada County Code. 16. The use must comply with the noise regulations in Ada County Code, Title 5, Chapter 13, 17, The property must comply with the nuisance regulations in Ada County Code, Title S, Chapter 9. CONDITIONS OP APPROVAL 201000531-CU, MEILIDIAN LIONS CLUB Exhibit A Page 2 Meridian City Council Meeting DATE: September 20, 2011 ITEM NUMBER: 6H PROJECT NUMBER: ITEM TITLE: Approval of Agreement with Ada County Highway District (ACRD) for Construction of the Ustick Road/Ten Mile Road Intersection Project MEETING NOTES ~o~<~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E IDIAN~-- Public ~ D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Tim Curns, Transportation and Utility Coordinator DATE: September 8, 2011 Mayor Tammy de Weerd Clky CeuneYl Mem6eUr Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: APPROVAL OF AGREEMENT WITH ACHD FOR CONSTRUCTION OF THE USTICK ROAD/TEN MILE ROAD INTERSECTION PROJECT I. RECOMMENDED ACTION A. Move to: 1. Approve the agreement with ACHD for construction of the Ustick Road/Ten Mile Road Intersection Project; and 2. Authorize the Mayor to sign the agreement II. DEPARTMENT CONTACT PERSONS Tim Curns, Transportation and Utility Coordinator 489-0342 Warren Stewart, PW Engineering Manager 489-0350 Tom.Barry, Director of Public Works 489-0372 III. DESCRIPTION Back rg ound The Ada County Highway District will begin reconstruction of the Ustick Road/Ten Mile Road intersection in 2012. As part of the reconstruction, City of Meridian utilities are being adjusted to meet State required clearances. Also, the construction will allow the City to stub out recycled water mains for future system expansion. 1 of 2 IV. IMPACT A. Strate ig c Impact: This agreement with ACHD allows the City's work to be constructed at the same time as ACHD's project, resulting in cost savings and a reduction. in the overall duration of construction in the roadway. These benefits further the goals of the Public Works Department to conduct projects in a fiscally responsible manner and minimize impacts to the traveling public. B. Service/Delivery Impact: This project is not expected to have any immediate service or delivery impacts. C. Fiscal Impact: No direct costs are associated with this agreement; however, a reduction in overall project construction cost will be realized due to ACRD sharing costs such as administrative, traffic control, and mobilization. The City also does not pay certain costs associated with separately constructing the project, such as permanent pavement restoration and Storm Water Pollution Prevent Plan administration. Once the bid results for the work are known, staff will seek approval of the contract amount from Council. V. ALTERNATIVES Council may choose not to approve the agreement and construction costs; however, this would cause the work contained in the project to be removed from the ACHD project and bid separately at a higher cost. VI. TIME CONSTRAINTS Council's approval will allow the City's work to be executed with ACHD's project. Construction of the project is anticipated to being in early 2012. VII. LIST OF ATTACHMENTS A. Agreement with ACHD Approved for Council Agenda: ~ ~ arren tewart, Engineering Manager Date 2 of 2 INTERAGENCY AGREEMENT FOR ROADWAY CONSTRUCTION/ ~ " RECYCLED & POTABLE WATER LINE IMPROVEMENTS: USTICK ROAD AND TEN MILE ROAD INTERSECTION ACRD PROJECT NO. 310023 THIS INTERAGENCY AGREEMENT FOR ROADW AY CONSTRUCTION/RECYCLED & POTABLE WATER LINE IMPROVEMENTS FOR USTICK ROAD AND TEN MILE ROAD INTERSECTION ("Agreement") is made and entered into this ~ day of Se~J~jyj t,o ~ , 2011 ("Effective Date"), by and between the Ada County Highway District, a highway district organized under Title 40, Chapter 14, Idaho Code ("ACHD"), and the City of Meridian, a municipal corporation organized under Title SQ Idaho Code ("City"). WHEREAS, pursuant to Idaho Code § 67-2332, ACHD and City desire to undertake a joint effort to share the tasks and costs of reconstructing the Ustick Road and Ten Mile Road Intersection, including potable and recycled water line installations as detailed in Project Number 310023 (the "Project"); and WHEREAS, ACHD is willing to arrange for installation of potable and recycled water lines as part of the Project plans so long as ACHD is fully reimbursed for all costs and expenses it incurs as a result of additional work attributed to the installation of the potable and recycled water lines within the Project boundaries, including but not limited to, costs for changed conditions, plan errors and omissions, and delays attributable to the potable and recycled water lines design and installation. NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreement herein contained, the parties hereto agree as follows: 1. ACHD SHALL: a. Solicit, receive, and open bids and for executing and administering the construction contract for the Project referenced herein ("Contract"); b. Provide City with a complete set of combined bid documents for the roadway reconstruction and for the potable water and sanitary sewer utility work referenced herein; c. Furnish City with an abstract of all bids received, and obtain City's concurrence with ACHD's selection for award of the Contract prior to making such award; d. Coordinate with City regarding execution and any modification of the Contract, with regard to any provisions that may impact City's potable and recycled water line work; e. Make monthly progress payments and the final Contract payment to the Contractor in conformance with the terms of the construction Contract; INTERAGENCY AGREEMENT FOR ACHD PROJECT N0.310023 PAGE 1 OF 6 £ Obtain City's concurrence print to approval of each Contractor's progress payment estimate and submit to City a copy of each estimate together with an invoice for City's share of the Contract costs earned by and to be paid to Contractor; g. Obtain City's prior approval for any change order work involving the installat[ons, adjustments, relocations, and abandonments of potable water and recycled water lines; h. Provide for the reference and replacement of all pre-existing survey monuments within the Work area; i. Provide the trench compaction testing, at the minimum frequency rate of ono (1) test per five hundred (500) lineal feet per one foot (I') of hrench depth, for the potable water and sanitary sewer utilities from one foot (1') above the pipe zone to sub-grade of the roadway section; j. Provide all re-testing required in any area that does not meet Contract requirements; k Provide the Field survey and grade control necessary for conshvction of the roadway; Establish centerline or offsets and stationing prior to City staking potable water and sanitary sewer utilities contacted in City's portion of the work; and m. Coordinate with City prior to making changes to ACHD's portion of the Contract where such changes may impact City's portion of the Contract. 2. CITY SHALL: a. Inspect all potable and recycled water facilities installed under the Contract and provide copies of appropriate tests and diaries to the ACHD Project Representative; b. Provide field survey and grade control required for the installation of the potable and recycled water facilities installed under the Contract; c. Provide ACHD with the construction plans, special provisions, and unit bid quantities for the potable and recycled water facilities to be included in khe bid documents for the Contract, including the requirement that all work regarding the potable and recycled water facilities must be performed in conformance with the most current edition of the Idaho Standards for Public Works Construction ("ISPWC") attd the most current City of Meridian Supplemental Specifications to the ISPWC; d. Remit to ACRD, within thirty-five (35) days after the date of invoice therefor, all fimds for which City is responsible pursuant to the approved final Contract and this Agreement; e. Reimburse ACHD for all additional costs incurred by ACRD, up to a maximum of five percent (5%) of City's construction costs, including overhead and benefits, project administration, compaction testing, and soils work required solely for the installations, INTERAGENCY AGREEMENT FOR ACHD PROJECT N0.310023 PAGEZOF6 adjushnents, relocations, and abandonments of potable and t~cycled water facilities, which reimbursement shall be calculated as the actual quantities of work acceptably performed, and/or, installed, as determined from field measurements made by City, and paid for pursuant to the unit, and/or lump sum prices established in the Conp-act; E Reimburse ACHD for mobilization, traffic control, flagging,, detours, and weekly meetings, on a prorated basis, to be calculated using the percentage of City's project costs as they relate to the total project construction costs; g. Be liable for the cost of repairing arty trench failures attributable to failure of potable and recycled wate..r facilities; and h. Reimburse ACHD for any additional costs to ACRD aktributable to the installations, adjustments, relocations, and abandonments of City's portion of the potable and recycled water facilities or to the removal of any or all items from the Contract that are associated with the installation of potable water and sanitary sewer utilities. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. Prior to commencement of work by the Contractor, the Parties, together with the Cona-actor, shall inspect the entire Project for the purpose of locating and resolving any items of concern or misunderstanding; b. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto; c. All signatories to this Agreement represent and warrant that they have the power to .execute this Agreement and to bind the agency they represent to the terms of this Agreement; d. Should either patty to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action; e. Any action at law, suit in equity, arbitration orjudicial proceeding for [be enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada; f, This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto; g. Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of Article VIII, Section 3 of the Idaho Constitution; h. The validity, meaning, and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho; INTERAGENCY AGttEElV1ENT POR ACHD PROJECT N0.310023 PAGE 3 OF 6 t i• xhis Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regatd to the transaction contemplated herein, and no pu•ty shall be liable or• bound to the other in any manner by any representations, warranties, coventutts and agreements except as specifically set forth herein; j. The promises, covenants, conditions, and agreements herein contained shall be binding on each of the patties hereto and on all patties and all persons claiming under them or any of them; and the rights and obligations hereof shall inm~ to the benefit of each of the parties hereto and their respective successors and assigns; k. ]f any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible; 1. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a Ureach hereof shall not constitute a waiver of any provision of this Agreement or limit such patty's right to enforce any provision or exercise any right. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by ACRD and City; m. This Agreement maybe executed in two or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same. n. The patties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership, or other similar relationship which might subject. any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement and o. Time shall be of the essence for all events and obligations to be performed under this Agreement. INTERAGENCY AGREEMENT FOR ACAI) PROJECT N0.310023 PAQE 4 OF 6 IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: ADA COUNTY HIGHWAY DISTRICT ~` B B y: y: . Bru ebecca W. Arnold Director President, Boazd of Commissioners ATTEST: ~,,.~~~""'f"-~„ o - CITY OF MERIDIAN , `U. ~;i. '<: ~ ~ ' By: V' j Jay a olman = ~- --~ - 'fam de eerd City Clerk s ~ , --, ivlay 'ri ~ ~ STATE OF IDAHO ) ss. COUNTY OF ADA ) On this ~~ day of , 2011, before me, a notary public in and for said state, personally appeared BECCA ARNOLD known to me to be the PRESIDENT of the ADA COUNTY HIGHWAY DISTRICT BOARD OF COMMISSIONERS and the person who subscribed said name to the foregoing instrument, and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz first above written. ~p11E (,, 6 ~.. ;.~" ~ Not Public for Idaho NoTAA'y q~ Residing at .~a~C.an ,Idaho ~.,~ ~ My commission expires: 3. y.70 ~ ~' '0UBL1C_ INTBRAGENCY AGREEMENT FOR ACRD PROJEQI' N0.310023 PAGE $ OF .STATE OF IDAHO ) ss. COUNTY OF ADA ) On this ~~ _ day of ,~gr~~t-r w~bknr , 2011, before me, the undersigned, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, Mayor and City Clerk respectively of MERIDIAN CITY, a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. • P ~ ui_v_ES.. O •'~i 'o• • ~'~ ~• Notazy Public for Idaho Residing at h-[ P~1 d l a v~, Idaho •••••:;;;;. '~ My commission expires: ~ a.N y aor y INTERAGENCY AGREEMENT FOR ACHD PROJECT N0.310023 PAGE 60F Meridian City Council Meeting DATE: September 20, 2011 ITEM NUMBER: 61 PROJECT NUMBER: ITEM TITLE: Ada County and the City of Meridian Business Associate Agreement MEETING NOTES ~~~~ ~i~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS f ( ~..• f Agreement No, `' ADA COUNTY AND THE CITY OF MERIDIAN BUSINESS ASSOCIATE AGREEMENT ti~ THIS AGREEMENT is entered this ~~' da of ~ . ~~ r ~~ , 2011, between Y Ada County and its Emergency Medical Services District, a duly formed and existing ambulance district pursuant to the laws of the State of Idaho (hereinafter "Covered Entity"}, and the City of Meridian and its Police Department (hereinafter "Business Associate"), WITNESSETH WHEREAS, sections of the Health Insurance Portability and Accountability Act of 1996 (HIPAA}, known as the "Administrative Simplification Provisions," direct the Department of Health and Human Services to develop standards to protect the security, confidentiality and integrity of health information. Pursuant to those provisions, the Secretary of Health and Human Services has issued regulations known as the "HIPAA Privacy Rule;" WHEREAS, to the extent to which Ada County EMS may be a covered entity pursuant to HIPAA and may be required to enter into a business associate agreement, the Parties wish to enter into or have entered into an arrangement in which the Business Associate will provide certain services to the Covered Entity, and since the Business Associate may have access to Protected Health Information in fulfilling its responsibilities under the arrangement, the Parties agree to the provisions of this Agreement in order to address the requirements of the HIPAA Privacy Rule and to protect the interests of both Parties. NOW, THEREFORE, the parties hereto mutually agree as follows; BUSINESS~ASSOCIATE AGREEMENT BEWTEEN ADA CGUNTY EMS AND THE CITY QF MERIDIAN --PAGE 1 naemslmeridian city business associate agreement 11-12,doc . 4 ~ I. DEFINITIONS Except as otherwise defined herein, any and all capitalized terms in the Agreement shall have the definitions set forth in the HIPAA Privacy Rule. In the event of an inconsistency between the provisions of this Agreement and mandatory provisions of the HIPAA Privacy Rule, as amended, the HIPAA Privacy Rule shall control. Where provisions of this Agreement are different than those mandated in the HIPAA Privacy Rule, but are nonetheless permitted by the HIPAA Privacy Rule, the provisions of this Agreement shall control. The Term "Protected Health Information"; means individually ~ identifiable health information, including without limitation, all demographic medical and financial information, data, documentation, and materials, that relate to the past, present or future health status or health care of an individual, and that identifies the individual or with respect to ,which there is a reasonable basis to believe the information can be used to identify the individual, The Business Associate acknowledges and agrees all the Protected Health Information that is created or received ~by the Covered Entity and that is disclosed or made available in any form, including paper, record, oral communication, audio recording, and electronic display by the Covered Entity or its operating units, ~to the Business Associate, or that is created or received by the Business Associate on the Covered Entity's behalf, shall be subj ect to this Agreement. II. CONFIDENTIALITY RE UIREMENTS (a) Business Associate agrees: i. To use or disclose any Protected Health Information solely: (1) for meeting its obligations as set forth in any agreements between the Parties to perform functions; activities, or services for, or on behalf of, the Covered Entity or (2) as required by applicable law, rule or BUSINESS ASSOCIATE AGREEMENT BEWTEEN ADA COUNTY EMS AND THE CITY OF MERIDIAN -PAGE 2 n:lemslmeridian city business associate agreement l 1-12.doc ~` ~. f. 4 i s t regulation or by an accrediting or credentializing organization to ~~ whom the Covered Entity is required to disclose such information or `~ ,, ;: ~3) as otherwise permitted under this Agreement or the HIPAA ~ ~~ ;. ~; Privac Rule, and, as would be ermitted b the HIPAA Privac Rule Y p Y Y . . , r? if such use or disclosure were made by the Covered Entity; ~~ ~~ ~- +~, ii. To ensure that its agents, including any subcontractors, to whom it ; .; 4 .• provides Protected Health Information that is received from or ~~~ created by the Business Associate on behalf of the Covered Entity, agrees to the same restrictions and conditions that apply to .the Business Associate with respect to such information, In addition, the Business Associate agrees to take reasonable steps to ensure that its employees' actions or omissions do not cause the Business Associate to breach the terms of this Agreement; and iii, At the termination of this Agreement, or upon the request of the Covered Entity, whichever occurs first, the Business Associate will return or destroy all Protected Health Information received from or created or received by the Business Associate on behalf of the Covered Entity that the Business Associate still maintains in any form and retain no copies of such information, if feasible. If such return or destruction is not feasible, the Business Associate will extend the protections of this Agreement to the information and limit fiurther uses and disclosures to those purposes that make the return or destruction of the information not feasible. - BUSINESS ASSOCIATE AGREEMENT BEWTEEN ADA COUNTY EMS AND THE CITY OF MERIDIAN -PAGE 3 n:iemslmeridian city business associate agreement 11-12,doc ~'• r- , . r. . i. r li ~. . ~. Notwithstandin the rohib~it' ~~± ~) g p Ions set forth in this Agreement, the Business f . r. Associate may use and disclose Protected Health Information as follows; I i. If necessary; for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate, provided that as to any such disclosure the following requirements are met; ~. 1. The disclosure is required by law; or ~ .- f 2. The Business Associate obtains reasonable assurances from '~~: the person to whom the information is disclosed that it will be held conf dentially and used or further disclosed only as required by law for the purpose for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality ofthe information has been breached; ''~~, (c} The Business Associate will implement appropriate administrative and +' physical safeguards to prevent the use or disclosure of Protected Health Information other than for , those uses or~ disclosures as permitted in this { Agreement. The Secretary of Health and Human Services shall have the right to f • . . . audit the Business Associates records and practices related to the use and disclosure of Protected Health Information to ensure the Covered Enti 's ~Y ~~. ~. compliance with the fierms of the HIPAA Privacy Rule. The Business Associate ~~ shall report to the Covered Entity any use or disclosure of Protected Health Information which is not in compliance with the terms of this A reement of g BUSINESS ASSOCIATE AGREEMENT BEWTEEN ADA COUNTY EMS AND THE CITY OF MERIDIAN -PAGE 4 n:lemstmeridian city basiness associate agreement 11.12.doc ~~: ~~ ~~ ~~: ,: ~~ ~. which it becomes aware. In addition, the Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to the Business Associate of a use or disclosure of Protected Health Information by the Business Associate in violation of the requirements of this Agreement. III. AVAILABILITY OF PHI The Business Associate agrees to make Protected Health Information available to the extent and manner required by the HIPAA Privacy Rule. The Business Associate agrees to make Protected Health Information available for amendment and incorporate any amendments to Protected Health Information in accordance with the requirements of the HIPAA Privacy Rule. In addition, the Business Associate agrees to make Protected Health Information available for the purposes of accounting of disclosures, as required by the HIPAA Privacy Rule. IV. TERMINATION Notwithstanding anything in this Agreement to the contrary, either Party may terminate this Agreement upon thirty (30} days written notice. The Covered Entity shall have the right to terminate this Agreement immediately if the Covered Entity determines that the ~ Business Associate has violated any material term of this Agreement, If the Covered Entity reasonably believes that the Business Associate will violate a material term of this Agreement, and where practicable, the Covered Entity gives written notice to the Business Associate of such belief within a reasonable time after forming such a belief, and the Business Associate fails to provide adequate written assurances to the Covered Entity that it will not breach the cited term of this Agreement within a reasonable period of time given the specific circumstances, but in any event, before the threatened breach is to occur, then the Covered Entity shall have the right to terminate this Agreement immediately. BUSINESS ASSOCIATE AGREEMENT BEW TEEN ADA COUNTY EMS AND THE CITY OF MERIDIAN -PAGE S n;lemslmeridiancfty business associate agreement 11-12,doc V. MISCELLANEOUS Except as expressly stated herein or in the HIPAA Privacy Rule, the Parties to this Agreement do not intend to create any rights for third parties. The obligations of the Business Associate under this Agreement shall survive the expiration, termination or cancellation of this Agreement and/or the business relationship of the Parties, and shall continue to bind the Business Associate, its agents, employees, contractors, successors and'assignees as set forth herein. To the extent it is applicable, both parties agree to abide by the Health Information Technology for Economic and Clinical Health Act of 209 (the "HITECH Act"). This Agreement may be amended or modified only in writing, and the amendment or modification must be signed by both Parties. No Party may assign its respective rights and obligations under this Agreement without the consent of the other Party, None of the provisions of this Agreement are intended to create, nor will they be deemed to create, any relationship between the Parties other than that of independent parties contracting with each other solely for the purposes of effecting the provisions of this Agreement and any other agreements between the Parties evidencing their business relationship. This Agreement will be governed by the laws of the State of Idaho. No change, waiver or discharge of any liability or obligation hereunder on any one or more occasions shall be deemed a waiver of performance of any continuing yr other obligation, or shall prohibit enforcement of any obligation, on any other occasion. The Parties agree that, in the event that any documentation of the arrangement pursuant to which the Business Associate provides services to the Covered Entity contains provisions relating to the use or disclosure of Protected Health Information which are more restrictive than the provisions of this Agreement, the provisions of the more restrictive documentation will ,. BUSINESS ASSOCIATE AGREEMENT BEwTEEN ADA COUNTY EMS AND THE CITY ~~~ OF MERIDIAN -- PAGE b ~ n:lemslmeridianclty business associate agreement 11-IZ.doc ~~. ,. ~.~ F ~. control. The rovisions of this Agreement are intended to establish the minimum requirements p re ardin the Business Associate's use and disclosure of Protected Health Information. g g In the event that any provision of this Agreement is held by a court of competent 'urisdiction to be invalid or unenforceable, the remainder of the provisions of this Agreement J will remain in full force and effect. In addition, in the event a Party believes in good faith that an rovision of this Agreement fails to comply with the then-current requirements of the YP HIPAA Privacy Rule, such party shall notify the other party in writing. For a period of up to thi 30} days, the Parties shall address in good faith such concern and amend the terms of this ~( A Bement, if necessary, to bring it into compliance. If, after such thirty (30) day period, the Agreement fails to comply with the HIPAA Privacy Rule, and its requirements, then either Party has the right to terminate upon written notice to the other Party. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. Board of the Ada County Emergency Medical Services District By: Rick uirr , h rman By: ~' Sh M. Ullman, Commissioner By' ,~ Vernon L. Bisterfeldt, Commis ' ne ~,~~ ATTEST: ~~ Christopher . Rich, A a County Clerk BUSINESS ASSOCIATE AGREEMENT BEWTEEN ADA COUNTY EMS AND THE CITY OF MERIDIAN--PAGE 7 n:lemslmeridian city business associate agreement 11-12.doc ~ Y City of Meridian By; Mayor T de Weerd Mayor o ridian p ~e,~ ATTEST ~ ~ ~ .~ ' ~., k +af"s ,r ~a cee of • an, Meridian City clerk ~. Y .~ ~:~ . .w, ~ .~. ~.. ~ ~ v: r... d ~. ~.. .~ ;~, . .~. ..~ ,~ 5 ~. .~ ?`L V .~ ~ ~`~ rd a'~ ,~~i0"t-x•=.~srw~~`""' ..~'_tVi ~ qw4 w,~ y y ~~, ~ s ' ~ .. s' t, y, ;, ,, . ~ 'f. E ~1 BUSINESS ASSOCIATE AGREEMENT BEWTEEN ADA COUNTY EMS AND THE CITY OF MERIDIAN -PAGE 8 n;lemslmeridian city business associate agreement l 1-lZ.doc • Meridian City Council Meeting DATE: September 20, 2011 ITEM NUMBER: 6J PROJECT NUMBER: ITEM TITLE: Blood Draw Agreement Between Ada County and the City of Meridian MEETING NOTES i~vr:~~` Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS AGREEMENT NO. ~~ BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN, IDAHO « " ' C a of_ 2011 b THIS AGREEMENT (A~reement) is entered into this d y ~ ~ Y and between Ada County Emergency Medical Services District, a duly formed and existing ambulance District pursuant to the laws of the State of Idaho (hereinafter "EMS"), and the City of Meridian, a municipal corporation of the State of Idaho and its Police Department (hereinafter ccclty") WITNESSETH WHEREAS, the City requires blood drawing services for the purposes of determining content of alcohol or other intoxicating substances in persons held by law enforcement authorities, pursuant to Idaho Code § 18-8004, or any successor statute thereto; and WHEREAS, EMS is an entity whose personnel are authorized to draw blood for the purposes of determining content of alcohol or other intoxicating substances, and is willing to provide such blood drawing services. NOW THEREFORE, the parties agree as follows: 1. EMS will provide necessary blood drawing services to the City on an on-call basis, 24 hours per day, seven days per week, usually within one hour. 2. The City shall request such services by notifying EMS through EMS dispatch. Notification shall not be made until such time as City personnel are ready for EMS to take the blood draw. 3. EMS will provide such blood draw services at all hospitals located in Ada County and at the Ada County Jail. BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN -PAGE 1 n:lemslblood draw meridian agmt 11-12.doc 4 , 4. The City shall be required to purchase and provide Blood Draw Kits for use by EMS in drawing blood for evidentiary purposes. EMS shall not be required to provide the Blood Draw Kits. 5. The City will maintain the necessary chain of evidence by retaining visual custody and physical control of the person while blood is drawn, and will retain the chain of possession by maintaining physical control of the Blood Draw Kit and the delivery of the sealed kit to the designated lab for the desired tests. EMS will not offer instruction on the care, custody or control of the blood sample. 6. Once the blood sample has been drawn by EMS, EMS personnel shall initial the blood vials, complete any necessary forms, and shall immediately turn the sample over to City personnel. 7. EMS will not be required to perform blood analysis, nor shall EMS collect any other bodily fluids or human tissue for evidentiary purposes. 8. In performing blood draw services, under no circumstances will EMS use force upon, or assist in subduing, a subject who physically resists blood drawing. 9. In performing blood drawing services, EMS will not discriminate against any persons on the basis of race, color, religion, sex, national origin, age, or physical handicap. 10. The City shall pay EMS Two Hundred Ten Dollars ($210.00) for each blood draw taken pursuant to this Agreement. 11. Should EMS personnel be subpoenaed to testify in any court proceeding or deposition regarding any blood draw performed pursuant to this Agreement, and should such personnel then appear in response to said subpoena, the City will pay EMS an additional Two Hundred Dollars ($200.00). If EMS personnel are subpoenaed to testify and such proceeding is BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN -PAGE 2 n:lemslblood draw meridian agmt 11-12.doc vacated or cancelled with sufficient notice to allow EMS personnel to be notified of such vacation or cancellation, then no additional fee will be charged. For the purposes of this Agreement, forty-eight (48) hours notice in advance of the scheduled testimony is deemed to be sufficient notice. 12. The subpoena process shall be coordinated by the EMS Administrative Secretary. Subpoenas shall be sent to the named EMS Paramedic, in care of Ada County Emergency Medical Services, 370 N. Benjamin Lane, Boise, Idaho 83704, or shall be hand delivered to 370 N. Benjamin Lane, Boise, Idaho 83704. All correspondence related to blood draws, subpoenas, or court appearances shall be directed to the Administrative Secretary. 13. EMS will invoice the City on a monthly basis for services rendered in connection with this Agreement. Such invoice shall be paid by the City within thirty (30) days of receipt of said invoice. 14. Term of A Bement: The services to be performed under this Agreement shall commence on the date written above and shall terminate on September 30, 2012. The Agreement may be terminated by either party upon thirty (30) days written notice. In the event this Agreement should be terminated, EMS shall have no claim against the City other than for services due and owing up to the date of termination. This Agreement may be renewed for additional one-year terms. 15. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this Agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: The City of Meridian Ada County EMS 33 East Broadway Ave., Ste 300 370 N. Benjamin Lane Meridian, Idaho 83642 Boise, Idaho 83704 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN -PAGE 3 n:lemslblood draw meridian agmt 11-12.doc 16. Assi nment: It is expressly agreed and understood by the parties hereto, that EMS shall not have the right to assign, transfer, hypothecate, or sell any of its rights under this Agreement except upon the prior written consent of the City. 17. Compliance with Laws: This Agreement shall be governed by and construed and enforced in accordance with the laws of the state of Idaho. In performing the scope of services required hereunder, EMS shall comply with all applicable laws, ordinances, and codes of federal, state, and local governments, including but not limited to, the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). 18. Indemnification, Defense, and Insurance: EMS understands that it is afforded certain protections pursuant to Idaho Code § § 18-8002(6) and (6)(a). The City, notwithstanding these protections, hereby agrees to hold Ada County and Ada County EMS, its officers, agents, and employees harmless and agrees to provide any necessary legal defense from and against all claims, liabilities, causes of action, or penalties, arising out of any requests for blood samples by law enforcement officers or any blood drawing services provided pursuant to this Agreement, including, but not limited to, claims for assault, battery, false imprisonment, and violations of constitutional or civil rights arising under the United States or Idaho Constitutions, statutory or common law; however, nothing in this paragraph shall relieve EMS from any legal liability and/or defense costs arising out of or in connection with claims for negligence in the performance of the services described herein. Ada County is a self insured entity. 19. EMS shall be considered an independent contractor for the City, and shall retain all discretion concerning the procedures to be used to properly draw blood. As an independent BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN -PAGE 4 naemslblood draw meridian agmt 11-12.doc contractor, EMS shall not be considered an employee of the City, and therefore, shall not be entitled to any personnel benefits nor be subject to the provisions of the City's Personnel Policy. 20. The Agreement between the City and EMS is independent of any employment EMS currently has with any other entity, and said entity shall not be considered a party to this Agreement and has not approved of nor consented to any of the terms or conditions set forth herein. 21. EMS hereby agrees to take all measures necessary to continue to be so qualified during the term of this Agreement. All costs incurred in maintaining such qualifications, including, but not limited to, costs of training, testing, and licensing, if any there may be, shall be borne by EMS. If EMS either is not so qualified at the time of execution of this Agreement, or does not remain continuously so qualified throughout the term of this Agreement, EMS will be held to have materially breached this contract. 22. Entire A reement: This Agreement constitutes the entire agreement of the parties and supersedes any and all other Agreements or understanding, oral or written, whether previous to the execution hereof or contemporaneous herewith. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN -PAGE 5 n:lemslblood draw meridian agmt 11-12.doc Board of Emergency Medical Services District By: By: Sharon M. Ullman, Commissioner By. ~` Vernon L. Bisterfeldt, Com 'ssioner ~-~ ATTEST: Christoph D. Rich, a Cou ty Clerk BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN -PAGE 6 n:lemslblood draw meridian agmt 11-12.doc ~ , ~ City of Meridian By. 4 Tammy de ee Mayor of e ' ian > F ~d, >~~3~~ ~ 1~f~~ »~ ~i ~ ~ ' 1 ATTE T• ~~~ a ~~~ ~~~ ~~ ~w.~ ~~~ • P ~~`~~ ~'ri~j y y'n ~ , \ fir/ ~ i . ~"'~ ~~. ,~ ~ a. X . ~ <'~ ' ~,,'~ °~r '°~ > ~~+~ eridi i Clerk _~ ~ ~-_ ty ~. ... 1 wr h e _ .... i a/r' Rt R A f Wy ( ~ ~ a ~ 1 1. ®,, ' ~ yet ~'~„ ~. ~ "°" A ~ ,~->. ~9 , " `i ~ 4 fj r~Y +, 7 ~ ~ "~ Y P,F'~ mr t• '; ~ r' r ~ s E ~~ ', k. BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN -PAGE 7 naemslblood draw meridian agmt 11-12.doc Meridian City Council Meeting DATE: September 20, 2011 ITEM NUMBER: 6K PROJECT NUMBER: ITEM TITLE: Reimbursement Agreement with Julius M. Kleiner Park Trust for Add-Alternate Items for a Not-to-Exceed Amount of $130,000.00 MEETING NOTES ~v~~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACT/ON DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS REIMBURSEMENT AGR6~MENT FOR ADCi ALTERNATE ITEMS AT JULIUS M. KLEINER MEMORIAL PARK BETWEEN THE JULIU5 lift. KLElNER MEMORIAL PARK TRUST AND THE CITY OP IVfEF21DIAN This REIMBURSEMENT AGREEMENT FOR ADD ALTERNATE ITEMS AT JULIUS M. KLEINER MEMORIAL PARK BETWEEN THE JULIUS M. KLEIIVER. MEMORIAL PARK TRUST AND THE CITY OF MERIDIAN ("Agreement') is made and entered into this _ 0.'~~"` . day of September, 2D11, by and between the Julius M. Kleiner Memorial Park Trust ("Trust") and the City of Meridian, Idaho ("City"), to establish a mutual understanding of the conditions upon which the Trust will receive reimbursement for certain add-alternate items associated with the construction of the Julius Ivl. Kleiner Memorial Park. •! WHEREAS, Trust is constructing a $25 Million Dollar park on tiD acres th2t is to I be donated to Clty as a public park; and j WHEREAS, due to construction cost increases, certain park amenities were deleted from the park and have been lisfed as "add-alternate" items; and WHEREAS, Trust has a ~COntractor~currently mobilized at the park consfruction site and can deliver these add-alternate items using volume pricing under current . contracts, representing a'significantcostsavings; and, WHEREAS, City is willing to provide reimbursement to Trust for implenienfing certain add-alternatives, specifically an additional picnic shelter, frees, markers, and a gravel pathway to complete the arboretum in an amount not to exceed $13D,OOD.60; NOW, THEREFORE, the parties hereby agree as follows: 7. Trust shall provide to City, for City's approval, a set of plans for the design of the additional picnic shelter, trees, markers and gravel pathway (°Add-Alternates°). 2. Trust shall manage the construction and Installation of the Add-Alternates. 3. Upon presentation of an invoice and documentation of expenses incurred by Trust for materials, construction costs, and labor for installation of the Add- Alternates, City shall reimburse Trusf for such actual expenses up to one hundred thir[y thousand dollars ($130,000.00). 4. This Agreement shall be construed and interpreted in accordance with the laws of the State of Idaho. The parties agree that the courts of Idaho shalt have exclusive jurisdiction and agree that Ada County is the proper venue. 5. Time Is of the essenco with respect to the obligations to be performed under this Agreement. Reimbursement Agreement - 1 of 2 . LN WITNESS WHEREOF, the parties do execute this Agreement the day. and year first above written. JULIUS M. KLEINER MEMORIAL PARK TRUST By ~~~ ~~ Elden -Gray Co-Trustee Michael E. Huter Co-Trustee CITY OF~ME>RIDIAN, IDAHO By Y~y//' Tammy de a d; Mayor ~ ,- ,~! ,l,;;,,, r'r. '~• /~µ ~ Attest. '~~"~r-(?"'~~'~~,~.~`. i .~ Jaycee- el ,City Cferk "' \ `.. .. ~\\\4' 1j ~! Reimbursement Agreement - 2 of 2 Meridian City Council Meeting DATE: September 20, 2011 ITEM NUMBER: 7 PROJECT NUMBER: ITEM TITLE: Items Moved From Consent MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFF/CE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting -l A DATE: September 20, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Nampa Meridian License Agreement -Water Line Replacement NW 1st. Street at Nampa Meridian Irrigation District's Hunter Lateral MEETING NOTES ~~~ ~ ~~ G~~ ~ ti~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E IDIAN~-- Public ~ D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: David Allison DATE: 09/07/11 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: Nampa Meridian License Agreement -Water Line Replacement NW lsr St. at Nampa Meridian Irrigation District's Hunter Lateral (NEXT AVAILABLE CONSENT AGENDA) I. RECOMMENDED ACTION A. Move to: Approve a License Agreement with Nampa Meridian Irrigation District for an 8-inch water main crossing of Nampa Meridian Irrigation District's Hunter Lateral as part of the NW ls~ St-Water Line Replacement project. 2. Authorize the Mayor to sign the Agreement. II. DEPARTMENT CONTACT PERSONS David Allison, Staff Engineer 489-0370 Kyle Radek, Assistant City Engineer 489-0343 Warren Stewart, Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION This project is for the construction of water line replacements in NW ls` St from Pine Ave. to Meridian Elementary and from Broadway Ave. to Railroad St. Due to age and current conditions, these water lines have been identified as critical replacements within the downtown area. These four-inch, cast iron lines are in poor condition and need to be replaced to meet fire flow requirements in the area. Page 1 of 2 IV. IMPACT A. Fiscal hnpact: There is no cost associated with approving the license agreement. V. ALTERNATIVES A. The City could decide not to sign the License Agreement. This would limit the extents of project area and would leave the surrounding citizens and structures at risk in the event of a fire, due to the inadequate existing fire flows observed during fire flow testing. VI. TIME CONSTRAINTS Council's approval will allow completion of this project by Summer 2012. VII. LIST OF ATTACHMENTS The attached. agreement is a requirement of Nampa Meridian Irrigation District to perform construction activities within their easement of the Hunter Lateral. _ ._ Approved for Council Agenda: 7 ~/ at Page 2 of 2 LICENSE AGREEMENT This LICENSE AGREEMENT, is made and entered into this day of , 201 1, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "Dish'ict", and CITY OF MERIDIAN, 33 East Idaho, Meridian, Idaho 83642 hereinafter referred to as the "Licensee", WITNESSETH: WHEREAS, the District owns the irrigation ditch or canal known as the HLtNTER LATERAL (hereinafter referred to as "ditch or canal"), an integral part of the irrigation and drainage works and system of the District, together with the easement therefor to convey irrigation and drainage water, to operate, clean, maintain, and repair the ditch or canal, and to access the ditch or canal for those purposes; and, WHEREAS, the District operates, cleans, mahitains, repairs and protects the ditch or drain for the benefit of District landowners; and, WHEREAS, the Licensee is the owner of real property and/or right-of--way that is servient to the District's ditch or drain and easement, and is particularly described in the "Legal Description" and/or deed attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the ditch or drain crosses and intersects the real property described in Exhibit A as shown ou Exhibit B, attached hereto and by this reference made a part hereof; aud, WHEREAS, the Licensee desires a license to cross, encroach upon or modify said ditch or canal and/or the District's easement wider the teams and conditions of this License Agreement; NOW, THEREFORE, for and in consideration ofthe premises and ofthe covenants, agreements and conditions hereinafter set forth, the parties agree as follows: LICENSE AGREEMENT - 1 A. Acknowledgment of the District's Easement. 1. Licensee acknowledges that the District's easement for the Hunter Lateral includes a sufficient area of land to convey irrigation water, to operate, clean, maintain and repair the ditch or canal, and to access the ditch or canal for said purposes, and is a minimum of 40 feet, 20 feet on either side of the centerline of the ditch or canal for the I-Iunter Lateral. B. Scope of License 1. The Licensee shall have the rightto modify the ditch or drain or encroach upon the District's easement along the ditch or drain in the manner described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. 2. Any crossing, encroachment upon or modification ofthe ditch or drain and/or the District's easement shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a pact hereof. Any difference or discrepancy between the items listed in Exhibit C, "Pm-pose of License," and any plans or drawings referenced in or attached to Exhibit D shall be resolved in favor of Exhibit C. Licensee shall only be permitted to crass, encroach upon or modify the ditch or drain and/or the District's easement as described in Exhibit C even if any plans or drawings referenced or attached to Exhibit D provide or show otherwise. 3. This License Agreement pertains only to the Licensee's crossing, encroachment upon or mod ification of the d i tch or drain and/or the District's easement for the purposes and in the manner described herein. The Licensee shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the Disttict's easement, nor perform any construction or activity within the District's easement for the ditch or drain except as referred to in this License Agreement without the pria• written consent of the District. 4. The Licensee recognizes and acknowledgesthatthelicensegranted this License Agreement pertains only to the rights of the District as owner of an easement The District has no right or power to create rights in the Licensee affecting the holder of title to the property subject to the DistricPs easement. Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property. Should Licensee fail to obtain such rights from the holder of title to the property or should the rights obtained prove legally ineffectual, Licensee shall hold harmless, indemnify and defend Che Districtfrom any claim by any party arising out of or related to such failure of rights and at the option of the District this License Agreement shall be of no force and effect. C. Facility Construction, Operatimr, Maintenance and Repair 1. Licenseeagreesthattheworkperfonnedandthematerialsusedinanyconstructionpermitted by this License Agreement shall at all times be subject to inspection by the District and the Dist'ict's engineers, and thatfinal acceptance ofthe such workshall notbe made until all such work and materials shall have been expressly approved by the Dishict. Such approval by the District shall not be unreasonably withheld. LICENSE AGREEMENT - 2 2. Each facility ("facility" as used in this License Agreement means any object or thing installed by the Licensee on, over or in the vicinity of the District's easement) shall be constructed, instal led, operated, maintained, and repaired at all times by the Licensee at the cost and expense of the Licensee. 3. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation or drainage water in the ditch or drain or the District's delivery of irrigation water; c. an increase in seepage or any other increase in the loss of water from the ditch; d. Che subsidence of soil within or adjacent to the easement; e. an interference with the District's use of its easement to access, operate, clean, maintain, and repair the ditch or drain; f. any other damage to the District's easement and irrigation or drainage works. 4. The Licensee agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any of the Licensee's construction or activity which constitutes m' causes any of the circumstances enumerated in the preceding paragraph, 3.a. through 3.f., or any other damage to the easement and irrigation works which may be caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. 5. The Licensee shall, upon demand of the District, remove airy facility or repairany alteration of the District's easement which interferes with the District's operation and maintenance of the ditch or drain, or causes or contributes to any ofthe circumstances enumerated in the preceding paragraph, 3.a. through 3.f, or any other damage to the easement and in'igation works. The District shall give reasonable notice to the Licensee, and shall allow the Licensee a reasonable period of time to perform such maintenance, repair, and other work, except that in cases of emergency the District shall attemptto give such notice as is reasonable under the circumstances. The District reserves the right to perform any and allwoiicwhichtheLicenseefails or refuses to perform within a reasonable period of time after demand by the District. The Licensee agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. Nothing in this paragraph shall create or support any claim of any kind by the Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and the Licensee shall indemnify, hold harmless and defend the Districtfrom any claims made against the District arising out of or relating to the terms of this paragraph, except for claims arising from any work which unreasonably exposes the District's employees and agents to the risk of harm from electric power lines, or arising solely out of the negligence or fault of the Dish'ict. D. District's Rights Are Paramount 1. The Licensee understands and agrees that the ditch or canal is amanmade channel that was constructed and is used and maintained by the Districtforthe exclusive pw-pose ofconveying irrigation water to lands within the District or draining lands within the District. As such, Licensee further acknowledges and agrees that the ditch or drain does not constitute a natural or navigable watercourse or stream. 2. The parties heretounde~standandagreethattheDistricthasnorightinanyrespecttoimpair LICENSE AGREEMENT - 3 the uses and purposes of the irrigation or drainage works and system of the District by this License Agreement, nor to grant any rights iu its irrigation or drainage works and system incompatible with the uses to which such irrigation or drainage works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. 3. Nothing herein contained shall be construed to impair the ditch or canal or the District's easement, and all construction and use of the District's easement by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of the ditch or canal for the transmission and delivery of irrigation water or transmission of drainage water. 4. The Licensee agrees that the District shall not be liable for any damages which steal I occur to any facility in the reasonable exercise of the rights of the District in the course of perFormance of maintenance or repair of the ditch or canal. The Licensee further agrees to suspend its use of the said easementareas when the use ofthe easementareas is required by the District for maintenance or repair under this or any other paragraph of this License Agreement. 5. In the event of the failure, refusal or neglect ofthe Licensee to comply with all of the terms and conditions of this License Agreement, the license of the Licensee under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over the ditch, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of the ditch or canal shall be promptly removed by the Licensee upon demand of the District. E. Applicable Law and Jurisdiction Unaffected 1. Neither the terms of this License Agreement, the permission granted by the District to the Licensee, the Licensee's activity which is the subject of this License Agreement, nor the parties exercise of any rights or performance of any obligations of this License Agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its drains, drains, irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this License Agreement. 2. [n the event the Dish•ict is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this License Agreement or the Licensee's activity authorized hereunder, Licensee shall indemnify, hold harmless and defend the Districtfrom all costs and liabilities associated with the application of such laws or the assertion of such jwrisdiction or, at the option of the District, this License Agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this License Agreement. P. Indemnification L. In addition to all other indemnification provisions herein, Licensee further agrees to indemnify, hold harmless and defend the Distt'ictfrom any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason ofthe negligent LICENSE AGREEMENT - 4 acts or omissions ofLicensee or its agents, contractors or subcontractors in performing the construction and activities authorized by this License Agreement. G. Fees and Costs 1. The Licensee agrees to pay attorney fees and engineering fees charged by the attorney for the District or by the engineers for the District in connection with the negotiation and preparation of this License Agreement. 2. Should either party incur costs or attorney fees in connection with efforts to enforce the provisiors of this License Agreement, whether by institution of suit or not, the party rightful ly enforcing or rightfully resisting enforcement ofthe provisions of this License Agreement, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. H. Miscellaneous l . No Claims Created. Nothing in this License Agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or airy third party against the District. 2. Assignment. Neither this License Agreement nor any agreement entered pm'suant to this License Agreement may be assigned or transferred without the prior written approval of the Parties, which approval shall not be unreasonably withheld. 3. Amendment and Modification. Any amendment or modification of this License Agreement must be in writing and signed by all patties to be enforceable. 4. Interpreted. This License Agreement shall be interpreted and enforced iu accordance with the laws of the State of Idaho. This License Agreement is not intended for the benefit of any third party and is not enforceable by any third party. If any provision of this License Agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions ofthis License Agreement shall remain in full force and effect. The parties represent and warrant to each other that they each have authority to enter this License Agreement The catchlines or section headings herein set forth are provided only for the convenience of the parties in locating various provisions ofthis License Agreement, and are not intended to be aids in interpretation of any provision of this License Agreement with respectto which the parties rnight disagree at some future time, and shall not be considered in any way in interpreting or construing any provision of the License Agreement. 5. Bindin2Effect.Thecovenants,conditionsandagreemeutshereincontainedshallconstitufe covenants to run with, and running with, the easement of the Licensee within the real property described in Exhibit A, and shall be binding on each ofthe parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the patties hereto and their respective successors and assigns. LICENSE AGREEMENT - 5 6. Notices. Airy and all notices, demands, consents and approvals required pursuant to this License Agreement shall be delivered to the parties as follows: Nampa & Meridian Irrigation Dish'ict City of Meridian 5525 East Greenhurst 33 E. Idaho Nampa, ID 83686 Meridian, Idaho 83642 Notices shall be deemed to have been delivered upon hand deposit in the United States mail as provided above. 7. Countedarts. This License Agreement may be executed and deliverediucomiterparts,each of which shall be deemed to be an original and all of which shall constitute one and the same instrument. IN WITNESS W HEREOF, the District has hereunto caused its name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the Licensee has caused its corporate name to be subscribed by its duly authorized officer, all as of the day and year herein first above written. NAMPA & MERIDIAN IRRIGATION DISTRICT Its President ATTEST: Its Secretary CITY OF MERIDIAN ATTEST: LICENSE AGREEMENT - 6 STATE OF IDAHO ) ss: County of Canyon ) On this day of , 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared Monte Janicek and Daren Coon, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN W [TNESS 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: STATE OF IDAHO ) )ss. County of ) On this day of , 2011, before me, the undersigned, a notary public in and for said state, personally appeared ,known to me to be the of ,the entity that executed the foregoing instrument, and acknowledged to me that such entity 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 Residing at My Commission Expires: LICENSE AGREEMENT - 7 EXHIBIT A Leal Desc~i tp iop A right-of--way for an 8" water main, located on N W 1 ~` Street between E. Fairview Avenue and W. Franklin Road, in the NE1/4 of Section 12, Township 3 North, Range 1 West, B.M., Meridian, Ada County, Idaho. EXHIBIT C Purpose of License The purpose of this License Agreement is to permit Licensee to: construcC and install an 8" PVC water main a minimum of three (3) feet under and across the piped Hunter Lateral and the within the District's easement, all within Licensee's right-of--way where NW la' Sheet intersects the Hunter Lateral in Meridian, Ada County, [daho. EXHIBIT D Special Conditions a. The construction described in Exhibit C shall be in performed in accordance with Exhibit D-1 attached hereto and by this reference incorporated herein. b. Licensee shall notify the District prior to and immediately after construction so that he or the District's engineer's may inspect and approve the construction. a Licensee represents that Licensee has complied with all federal, state or other laws, rules, regulations, directives or other requirements in any form regarding environmental matters, and specifically those relating to pollution control and water quality, as may be applicable under the subject matter, terms or performance ofthis agreement broadly construed. Licensee recognizes its continuing duty to comply with all such requirements that now exist or that may be implemented or imposed in thefiiture. By executingthis agreement the District assumes no responsibility or liability for any impact upon or degradation of water quality or the environment resulting from the discharge or other activity by Licensee which is the subject of this agreement. d. Licensee hereby indemnifies, holds harmless and shall defend the District from any and all penalties, sanctions, directives, claims or any action taken or requirement imposed by any party or entity, public or private, with respect to environmental matters relating to the subjectmatter, terms or performance ofthis agreement unless the District shall be solely responsible for the condition or activity which gives rise to any such penalty, sanction, directive, claim ,action or requirement. e. In the eventthe District is required by any governmental authorityto acquire or comply with any permit or other operations] requirements associated with Licensee's discharge and other activity which LICENSE AGREEMENT - 8 is the subject of ffiis agreement, Licensee shall indemnify, hold harmless and defend the Dish~ict form all costs and liabilities associated with such permitand other requirements, including butnot limited to allbosts associated with all permit acquisition, consh~uction, monitoring, treatment, administrative, filing and other requirements. £ The parties to this agreement recognize this license agreement is an accommodation to Licensee. The District by this agreement does not assume, create, or exercise legal or other authority, either express or implied, to regulate control, or prohibit the discharge or contribution of pollutants or contaminants to the Districts facilities or to any groundwater, waters of the State of Idaho or the United States, or any other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental environmental agencies. g. Constt•uction shall not commence prior to October 15, 2011 and shall be completed prior to March I5, 2012. Time is of the essence. LICENSE AGREEMENT - 9 L~VI "i~ I~I~~~ ~a _,~ Exhibit B z e LI S ¶ 8 'p Y/ t' i 6 2 ~ ~ n R O o ~ K m i _oyz o~am fn o n° imam L ~ T~3 a` o 5~ ~ ~2 .. m n 1~ IAN CINDER RDI I_1 ~f _I~~~_ r ln~ ~~ O ~~~~ t ~ ~ l[;1~ ~~1 ~ ~~ ~f ~~ r ~ Z n L ) ;III ~ ~ _ ~~f,~ ~ ~ ti ~ ~ ~ ~~~J ~Op I ~ m~~~ ~~ ~ ~ ~ ~ ~ D~ ~ ll W 8T ST r ~ ~~ ~ N Z ! ~ r ~~ 7 ~~,~: oA ~ NW-1ST STREET ~~ ~ I ~J II~1 ~~J ~~~~~~ ~ ~ N ERIDIAN RD~ -l ~ y ~ om~~m mmm ~ ~ ~' \ I~ m ~ ~ ~ml it ~~„~ ~m~~~ ~ ~ , , ~~~~~~j~~J 3 m ~ ~ '~ D~~~~~ m~~ ~( : I~ DSO z ~ Z ~~~u7 ~ ~ ~ rT ~l~~l ~ N LOCUST GROVE RD~~ ~S,~I ~~ ~~~ r ~ ~~ i1~~°i~a~ ~ 5 ,_ _t~ ;, a = a~ g f~ z C ILA a~s~ ® ° G .. `49r~2,e o~ T CITY OF MERIDIAN ~ ~~; CIVIL SURVEY CONSULTANTS, INC. - _ owx a y NW 'I3T STREET CONSULTING 6NGIN8EP5 RNO LINO SURV2V0-S `~.6v[6'. ° ~ " WATER MAIN REPLACEMENT `° CONSTRUCTION PLANS °`°~,~1 m°°NO~°iP .. 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'a? NW '1ST 8TREET CONSULTING ENCINE8M15 pN0 WNO SURV8TOA5 ~ ~' o v n . w @ro»xa WATER MAIN REPLACEMENT : EE, _ `F.`~fi2i c~ STANDARD DETAILS ""'p a):e""~~11^~' Exhibit D-1, oaae 3 Meridian City Council Meeting DATE: September 20. 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Purchasing Department: Discussion on Agreement for Independent Contractor Services with Titan Technologies for the W. 8th Street Sewer Rehabilitation Project for a Not-To-Exceed Amount of $242,573.10 That is Budgeted Over Fiscal Years 2011 & 2012 Approved on September 13, 2011 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E IDIAN~- Public ~ D A H O Works Department TO: Mayor Tammy do Weerd Members of the City Council FROM: John Boyd Engineering Technician II DATE: September 8, 2011 Mayor Tammy de Weerd City Cauncll Members: Kelth Bird Brad Hoaglun Charles Rountree Davld Zaremba SUBJECT: AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES WITH TITAN TECHNOLOGIES FOR THE W 8~h STREET SEWER REHABILITATION PROJECT FOR ANOT-TO-EXCEED AMOUNT OF $242,573.10 THAT IS BUDGETED OVER FISCAL YEARS 2011 & 2012 I. RECOMMENDED ACTION A. Move to: Approve the Agreement for Independent Contractor Services with Titan Technologies for the W 8°i Street Sewer Line Rehabilitation Project for a total not-to-exceed amount of $242,573.10 that is budgeted over fiscal years 2011 & 2012. 2. Authorize the Mayor to sign the agreement. H. DEPARTMENT CONTACT PERSONS John Boyd, Engineering Technician II Clint Dolsby, Asst. City Engineer Warren Stewart, PW Engineering Managar Tom Barry, Director of Public Works 489-0364 489-0341 489-0350 489-0372 Przge 1 of 3 W 8`h STREET SEWER REHABILITATION PROJECT III. DESCRIPTION A. Back rg ound The City has an initiative to redevelop and convert the downtown area to multi- story, mixed used development. The 2009 Sewer Study identified the 8th Street Trunk Main from Broadway Avenue to W. Willowbrook Drive as one of the major collector lines to be rehabilitated as it is in poor condition. Future capacity issues, caused by downsizing this pipe, will be handled by the diversion of sewer to a pipe being installed with the Split Corridor Phase II Project. B. Proposed Project This proposed project consists of the rehabilitation of approximately one half (1/2) mile of the sewer line aligned parallel to NW .8th Street between Cherry Lane and Willowbrook Drive. Sliplining technology has been chosen as the method of rehabilitation which consists of pulling a smaller polyvinylchloride (PVC) line through the existing sewer main. All existing sewer manholes along the line will be rehabilitated or replaced as part of this project. C. Contractor Selection Titan Technologies was the lowest bidder has a valid Public Works Contracting License and is qualified to complete the required work. IV. IMPACT A. Service/Delivery Impact: The sewer mains to be"replaced with this project are high on the Wastewater Division's priority list for replacement due to high maintenance cost and infilhation into the collection system. Replacement will ultimately reduce the flow to the Wastewater Treatment Plant resulting in reduced cost of operation for the Public Works Department and its ratepayers. B FiscalImnact This project will be financed using the just in time model. The construction will be completed in both Fiscal Year 2011 and 2012. Iir fiscal year 2011, $165,000 of work will be completed leaving $77,573.10 to be completed in Fiscal Year 2012. Praiect Costs Base Bid Arnount ............ ........................................................................$51,115.00 Bid Altornate #1 .............. ......................................................................$169.406.00 Total Bid Amount ........... ......................................................................$220,521.00 Contingency @ 10% ....... ........................................................................ 22 052.10 Total Amount Requested ......................................................................$242,573.10 Project Funding Sewer Line Replacements Budget (3590-95000) FY 2011 ..................$165,000.00 Sewer Line Replacements Budget (3590-95000) FY 2012 .................... 77 573.10 Total Fundirig Requested ......................................................................$242,573.10 Prsge 2 of 3 W 8~h STREET SEWER REHABILITATION PROJECT V ALTERNATIVES A. The City could defer the replacement of the sewer line. A camera inspection of the sewer line identified multiple problems within these sections of pipe. Deferring the project would allow the identified problems to worsen over time, decrease the efficiency of the sewer conveyance system and could alsc result in an increase in cost should the sewer lines fail and require emergency repair. B. The City could utilize another pipe replacement method such as excavation and replacement of the existing piping. This alternative would require the asphalt and subsurface to be excavated and replaced upon, completion of the new pipe installation. Open trench construction methods would be more costly and take more time to complete. VI. LIST OF ATTACHMENTS 1. Agreement for Independent Contractor Services 2. Purchase Orderl2equisition 3. Design Engineer's Construction Cost Estimate 4. Bid Comparison (Abstract), Spreadsheet Approved for Council Agenda: Engineering // ate Page 3 of 3 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES (W 8TH STREET SEWER REHABILITATION PROJECT) PROJECT # 10229 THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this 13ih day of September, 2011, and entered into 6y and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Titan Technoloaies. Inc, hereinafter referred to as "CONTRACTOR", whose business address is 3790 S. Suntree Pl. Boise. ID 83706 and whose Public Works Gontractor License # is C-15853-AA-4. INTRODt1CTION Whereas, the City has a need for services involving W. Sih Street Sewer Rehabilitation Project; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize ofhers to do so. If any such work is copyrightable, the Gontractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a W Bth Stree[ Sewer Rehabilitation Project page 1 of 13 Project PW-11 -1Q229 royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed.in a timely manner in accordance with .a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work maybe revised from time to time upon mutual written consent of the parties. 2. Consideration 2.i The Contractor shall be compensated on a Lump Sum basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $220,521.00 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, W 8th Street Sewer Rehabilitation Project page 2 of 13 Project PW-1 i-10229 retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 2.4 FUNDING: This project is planned to cross fiscal years. A portion of the work valued at $165,000.00 is being funded in this fiscal year and may be completed and expensed by September 30, 2011. No more than $165,000.00 maybe completed prior to September 30, 201 i. An invoice for all work completed through September 30, 2011 must be received by the City no later than October 15~'. The remainder of the work shall be completed in FY12 beginning October 1, 2011. 3. Term: 3.1 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.2 Should City fall to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due_ 3.3 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 75 (seventy-five) calendar days to complete the work as described herein_ Contractor shall be liable to the City for any delay beyond this time period in the amount of five hundred dollars ($500.00) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. 4. Termination: 4.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the pe~prrnance of this contract, or if the City Council determines that terminat~pn of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination W 8th StreeT Sewer Rehabilitation Project page 3 of 13 Project PW-17-10229 and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY_ 42 In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.3 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. W 8[h Street Sewer Rehabilitation Project page 4 of 13 Prolect PW-11-10229 6. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments far damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection wikh khe performance of this Agreement 6y the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortipus conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically insurance. in which the CITY shall be named an addltlonal Insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000} per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. 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, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives orsubcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (i 0) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. W 6th Street Sewer Rehabillta[icn Prolact page 5 of 13 Project PW-11-10229 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the Ciiy's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects. 8. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Manager 33 E. Broadway Avenue Meridian, Idaho 83642 Titan Technologies. Inc Attn: Cliff Gox 3790 S. Suntree PI. Boise. ID 83706 208-573-2128 cfcox2211 ta7msn.com Idaho Public Works License #: C-15853-AA-4 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. W 8th Street Sewer Rehabilitation Project page 8 of 19 Project PW-11-10229 9. 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. 10. Time Js of the Essence: The parties ftereto 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 of, and a default underj, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13, Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the pertormance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement- This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect W 8th Street Sewer Rehabilitation Projec[ page 7 of 13 Protect PW-11-10229 to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 18. 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. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above- 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. W 8th Street Sewer Rehabilitation Project page B of 13 Project PW-11-10229 22. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 23. Applicable Law: 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. 24. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. W 8th Street Sewer Rehabilitation Project page 9 of 13 Project PW-11-10229 CITY OF MERIDIAN BY: TAMMY ERD,MAYOR Dated: 9 -l3 • /1 Approved by City Approved as to Content CITY ATTORNEY TITAN TECHNOLOGIES, INC Y: IFF COX Dated: ~S }ember L s ~ 2011 NAME: ~nJA2-tf~nl ~~J2'1' W 8th Street Sewer Rehabilitation Protect page 10 of 13 Project PW-11-10229 Dated: ~ ~ ~P r ~ 1 TITLE: ~n~C-~n1+~~:N~yrtA•N/~c,J~D Approved as to Form Dated: ~ ~~ ~ f Attachment A SCOPE OF WORK REFER TO INVITATION TO B1D PW-91-10229 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW-11-10229 are by this reference made a part hereof. W 8th Street Sewer Rehabilitation Project page 11 of 19 Project PW-11-10229 Attachment B MILESTONE /PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $220,521.00. ,.. ,.. .. . ' ' PRICING SCHEDULE y , .7 Contract includes furnishing all labor, materials, equipment, and incidentals as required for the W 8TH STREET SEWER REHABILITATION PROJECT per IFB PW-11-10229 Total Bid Schedule ...................$220,521.00 CONTRACT TOTAL ....................... $220.52'1.00 ITEM PRICING BELOW WILL BE USED FOR CHANGE ORDER PRICING ONLY. r ;ice[ 5 ~~ ,d ~€Z ~ 3 ~ YJr ].Y~ ~~r ~ ~r'\ Z F ~- _. z5 Jjy'G 1 ? i!`'< s r h i§ ~f~.l., ~ ~1 ~': t~~ ~~h n SY+ > yam) I \ ~ L 1 A F b ~ ~ t'F } L r~ /yy E ! Y . S'. °l 4 Y! ~ T~'"' } 3 " ~~T~~ ~i 1 R L 1 ~% ! ] ~ r 1 ~ ~ ~ 5 ZY ~ . jt 4 2. ~ . v} 4 \ Y 5 / " ` (j aSV~cG. it -}~ '~? `-C7x~ ~5 t - ~ ~ xi~ -sc-r FII; a~+. 3 ~ a53" P lli ~ ~J't ~~ d 1 ~ 4f `r` k ~ k T t . y ~ , r n 7 e . - F~ _ , ., 4 . - IF M' 2.v 'rc ~ Item No. Item Description Unit Unit Price TYPE P SURFACE RESTORATION -FOR OPEN CUT 307.4.1.G.1. CONSTRUCTION sv $28 50 3" CLASS III AC PAVEMENT . PLANT MIX PAVEMENT-FOR OPEN CUT CONSTRUCTION 810.4.1.A.3 EACH ADDITIONAL 1" LIFT OF CLASS Ilf AC SY $7 50 PAVEMENT REQUIRED TO MATCH EXISTING . PAVEMENT THICKNESS SP-A TEMPORARY ASPHALT PAVING 9Y $14.50 501 4 1 B 1 GRAVITY SEWER PIPE SIZE 18" PVC . . . . (Includes excavation, bedding, bacldill, etc.) LF $130.00 502.4.1.A.1 NEW SANITARY SEWER MANHOLE-48' DIAMETER EA $3,300.00 1001.4.1.A.1 EROSION AND SEDIMENT CONTROL LS $2,500.00 W 8th Street Sewer Rehabilitation Project page 12 of 13 Project PW-11-10229 1103.4.1.A.1 CONSTRUCTION TRAFFIG CONTROL LS $5,500.00 2010.4.1.A.1 MOBILIZATION LS $15,500.00 508.4.1.B.1 SLIPLINE 16" SDR 21 HDPE PIPE INT018" PIPE LF $57.00 SP-1 SANITARYSEWER MANHOLE REHABILITATION- BENCH RECONSTRUCTION ~ $950.00 SP-2 SANITARY SEWER MANHOLE REHABILITATION - SPRAY LINING vF ~ 242.00 SP-3 SANITARY SEWER MANHOLE REHABILITATION - INFILTRATION CORRECTION ~ 850.00 $ 508.4.4.6-4 RECONNECT SEWER SERVICE EA $450.00 504.4.1.B.1 SEWER SERVICE LINE, SIZE 4" LF $40.00 508.4.1.C.1 GROUTING ANNULAR SPACE LS $15,000.00 307.4.1.G.1. TYPE P SURFACE RESTORATION -REQUIRED FOR INSERTION PITS AND IN ADDITION TO BASE BID LS $8,500.00 Travel expenses (if listed above) will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. 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INTRODUCTION Whereas, the City has a need for services involving NW 8th Street Pedestrian Lighting; and WHEREAS, the Contractor is specially trained, experienced and competent to pertorm and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor underthis Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable NW 8~" Street Pedestrian Lighting Project page 1 of 16 Project # 6003-10248a federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Lump Sum basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $39,116.50. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. NW 8~" Street Pedestrian Lighting Project page 2 of 16 Project # 6003-10248a 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 This Agreement shall terminate automatically on the occurrence of any of the following events: a. Bankruptcy of insolvency of either party; b. Sale of Contractor's business; or c. Death of Contractor 3.5 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 60 (sixty) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of five hundred dollars ($500.00) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. 4. Termination: 4.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. 4.2 In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receivejust and equitable compensation for any work satisfactorily complete hereunder. NW 8~h Street Pedestrian Lighting Project page 3 of 16 Project # 6003-10248a 4.3 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the pertormance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City onlyforthe requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability NW 8r' Street Pedestrian Lighting Project page 4 of 16 Project # 6003-10246a insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. 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, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, orjudgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITYwith a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins pertormance of it's obligations underthis Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. NW 8'h Street Pedestrian Lighting Project page 5 of 16 Project # 6003-10248a 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects. 8. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Manager 33 E. Broadway Avenue Meridian, Idaho 83642 Power Plus, Inc Attn: Mark McKibben 25 Hartman St Boise, ID 83704 208-323-1506 Idaho Public Works License #: C-10947-A-4 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 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. 10. Time is of the Essence: The parties hereto 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 of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. NW 8`" Street Pedestrian Lighting Project page 6 of 16 Project # 6003-10248a 12. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITYto audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall complywith all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or NW 8~" Street Pedestrian Lighting Project page 7 of 16 Project # 6003-10248a enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 23. Applicable Law: 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. 24. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. 25. CDGB GRANT REQUIREMENTS: This project is being funded by a Community Development Block Grant. The Davis-Bacon Act applies to this project and it is the responsibility of the Contractor to comply in all aspects of the law. This contract, will be subject to HUD-4010 Federal Labor Standards Provisions attached hereto as "Attachment C" and made a part hereof. Paragraph 2 on page 2 of 5 of HUD-4010 states that the City may withhold payment to Contractor for failure to pay wages when due. Davis-Bacon requires wages to be paid not less often than once a week. All subcontractors and any lower tier subcontractors are subject to the same Davis-Bacon Wage requirements as the general contractor. CITY OF MERIDIAN BY ~W ~" ~ II NW 8~" Street Pedestrian Lighting Project Project # 6003-10248a POWER PLUS, INC ~~f~~- page 8 of 16 Tammy de Weerd, Mayor Dated: Approved by Council: Attest: JAYCEE L. HOLMAN, CITY CLERK Department Approval BY: NAME: TITLE: Dated: NW 8~" Street Pedestrian Lighting Project Project # 6003-10248a BY: Mark McKibben Dated: Approved as to Form CITY ATTORNEY page 9 of 16 Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PW-11-6003-10248a ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW 11-6003-10248a are by this reference made a part hereof. NW 81b Street Pedestrian Lighting Project page 10 of 16 Project # 6003-10248a Attachment B MILESTONE /PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $39,116.50. PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required for the NW 8th Street Pedestrian Lighting Project per IFB PW-11-6003-10248a, excluding Add Alternate Bid Items 1A and 2A. Base Bid.........$39,116.50 CONTRACT TOTAL ....................... 39 116.50 ITEM PRICING BELOW WILL BE USED FOR CHANGE ORDER PRICING ONLY. ~~ ~ ~~ ~' r ~- ~ ~ ¢ *~' .:: r . ,_r. ~. ~ _ . ~,- . .. Item No. Item Description Unit Unit Price 1. Install 1" Conduit and Wire LF $zs.5o 2. Install Type 1 Pole EA $1,220.00 3. Modify Existing Pole Ls $zao.oo 4. Bore 1" Conduit and Wire LF $3.00 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. NW Bah Street Pedestrian Lighting Project page 11 of 16 Project # 6003-10248a Attachment C HUD FORM 4010 NW 8~" Slreet Pedestrian Lighting Project page 12 of 16 Project # 6003-10248a Federal Labor Standards Provisions U.S. Department of Housing and Urban Development OffICe of Labof RBIatIOf1S Previous editions are obsolete form HUD•4010 (06/2009) ref. Handbook 1344.1 ApplicabilityThe Projector Program to which the construction work covered by this contract pertains is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A. 7. (i) Minimum Wages.All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issred by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for Lrona fide fringe benefits under Section I(b)(2) of the DavisBacen Act on behalf of laborers or mechanics are censidered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(iv); also, regular contributions made or costs hcurred far more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics slnll be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one dassification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, Thal the employers payroll records accurately set forth the time spent in each classification in which work is performed. The wa3e determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible, place where it can be easily seen by the workers. (ii) (a) Any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage def:rmination. HUD shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be pertormed by the classification requested is not pertormed by a classification in the/age determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If [he contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits Jvere appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C. 20210. The Administrator, or an aulhozied representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 30day period that additional lime is necessary. (Appraed by the Office of Management and Budget under OMB control number 12150140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposedclassification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Admin'strator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise HUD or its designee or will notify HUD or its designee within the 301ay period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 121 X140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workes performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe beneriwhich is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments b a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of L~or has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations underthe plan or program. (Approved by the Office of Management and Budget under OM8 Control Number 1215-0140.) 2. Withholding.HUD or its designee shall upon its own action or upon written request of an authorized representative of the Depadment of Labor witlrhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federallyassisted contract subject to DavisBacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor disburse such amounts withheld for and on account of the centractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davi~acon Act contracts. 3. (i) Payrollsand basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents therebof the types described in Section I(b)(2)(B) of the Davisbacon Act), daily and weekly number of hours worked, deductions made and NW 8~h Street Pedestrian Lighting Project page 13 of 16 Project # 6003-10248a actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1 )(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section I(b)(2)(B) of the DavisBacon Act, the contractor shall maintain records which show that the commitment to provide such bend§ is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in provid'g such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and traineespnd the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (II) (a) The contractor shall submit weekly for each week in which any contract works performed a copy of all payrolls to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission tdiUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i) except that full social security numbers and home addresses shall not be included on weekly tran5nittals. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desird. Optional Form WI-F347 is available for this purpose from the Wage and Hour Division Web site at http://www.dot.gov/esa/whd/forms/wh347instr.htmorhs successor site. The prime contractor is responsible for the submission of copies of payrolls by all sut¢ontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide Them upon request to HUD or its designee if the agency is a party to the contract, but if the agency isrot such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, wilharl weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 12150149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor dais or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the fallowing: (7) Thal the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5 (a)(3)(ii), th®ppropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and completriz) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period bs been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form Wk847 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph A.3.(ii)(b). (d) The falsification of anyof the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records realired under subparagraph A.3.(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the pb. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspensim of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labq Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a Slate Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to beligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the regieted program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually pdormed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contretor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registerecprogram shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determiration. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wagedetermination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Appr~ticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable pred@ermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work al less than the predetermined rate for the work performed unless they are employed pursrant',to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not lE greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of NW 8rh Street Pedestrian Lighting Project page 14 of 16 Project # 6003-10248a progress, expressed as a percentage of the jouneyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provi~s for less than full fringe benefits for apprentices. Any employee listed on the payroll al a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work pertormed until an acceptable program is approved. (ill) Equal employment opportunity7he utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirement~f Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements.The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract 6. Subcontracts. The contractor or subcontractor will insert in any subcontracts the clauses contained in subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a cepy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses inthis paragraph. 7. Contract termination; debarment.A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subwnlractor as provided in 29 CFR 5.12. 8. Compliance with DavisBacon and Related Act Requirements.All rulings and interpretations of the DavisBacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract 9. Disputes concerning labor standards.Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Deputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (i) Certification of Eligibility.By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (ii) No part of this cenlract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Parl 24. (iii)The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additiaelly, U.S. Criminal Code, Section 1 01 0, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of . .. influencing in any way the action of such Administration..... makes, utters or publishes any element knowing the same to be false..... shall be fined not more than $5,000 or imprisoned not more than two years, or both:' 11. Complaints, Proceedings, or Testimony by EmployeesNo laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify in any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act7he provisions of this paragraph B are applicable where the amomt of the prime contract exceeds $100,000. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (1) Overtime requirements.No contractor or subcontractor contracting for any part of the contract work which may regae or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic recess compensation at a rate not less than one and onehalf times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damagesln the event of any violation of the clause s;t forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done uder contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employedin violation of the clause set forth in subparagraph (1) of this paragraph, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime cages required by the clause set forth in sub paragraph (1) of this paragraph. Withholding for unpaid wages and liquidated damagesHUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Lbor withhold or cause to be withheld, from any moneys payable on account of work pertormed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federallyassisted contract subj~t to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as protded in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety.The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000. (7) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardus, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. NW 8uh Street Pedestrian Lighting Project page 15 of 18 Project # 8003-10248a (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant tditle 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 954, 63 Stat 96). 40 USC 3701 et seq. (3) The wntractor shall include the provisions of this parageph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as th~ecretary of Housing and Urban Development or the Secretary of Labor shall direct as a m®ns of enforcing such provisions. Previous editions are obsolete. Form HU64010 (06-2009) ref. Handbook 1344.1 NW 8~" Street Pedestrian Lighting Project page 16 of 16 Project # 6003-10248a Meridian City Council Meeting DATE: September 20, 2011 ITEM NUMBER: $C PROJECT NUMBER: ITEM TITLE: Clerks Office: Discussion on Official City Seal MEETING NOTES ~, ~J-~~i Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS /o~Az ~~ ~~ ~~ ED A ~GUs ~~ ~~ o~ City of :RIDIAN~-- ~~ ~~ ~~ IDAH O SEAL ti ~y ~~ the THE ~5~~ Meridian City Council Meeting DATE: September 20, 2011 ITEM NUMBER: $p PROJECT NUMBER: ITEM TITLE: Legal Department: Discussion of Public Parking Lot Partnership with Meridian Development Corporation (MDC) and The Masonic Lodge MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PARKING SPACES LEASE AGREEMENT This PARKING SPACES LEASE AGREEMENT ("Agreement") is entered into this 6th day of October, 2011, by and between the Urban Renewal Agency of the City of Meridian, also known as Meridian Development Corporation, a public body, corporate and olitic "MDC" ,the Ci of .. .. p ( ) t3' Meridian, a municipal corporation organized under the laws of the State of Idaho, ("CITY"), 33 East Broadway Avenue, Meridian, Idaho 83642 and Meridian Lodge #47, A.F & A.M. (herein "ML47"), collectively referred to as the "Parties" and each individually as "Party," on the terms and provisions set forth below. RECITALS A. ML47 is the owner of the Meridian Masonic Temple located at 800 E. Second St., Meridian, ID, 83642 and all of the parking spaces pertaining to the Temple. The area containin . g the parking spaces which are the subject of this Agreement is more specifically described as: all that portion North and East of the present Masonic Temple constructed on Lots 1, 2, 3, 4 and 9 of Block 7, original Townsite of Meridian, according to the amended plat thereof filed in Book 1 of Plats at page 30, in the records of Ada County, Idaho (hereafter "Parkin Area" . g ) B. The parties desire to enter into this Agreement to provide parking spaces for use by the public. Additionally, MDC is constructing an office building which will be purchased by two public agencies, Valley Regional Transit ("VRT") and the Community Planning Association of Southwest Idaho ("Compass"). The parking lot for this building may not be completed by the time Compass and VRT need to occupy the office building. Therefore, during and until expiration of the initial term of this Agreement or completion of the COMPASS/VRT office building parking area, whichever occurs first, the parties desire that the Parking Area will also be available for use b . y Compass and VRT and those lnvolvedwith these agencies. AGREEMENT 1. LEASE TERM. The term of this Agreement shall be October 1, 2011 until March 31, 2012. 2. NUMBER OF SPACES. The Parking Area currently consists of thirty three (33) spaces, which shall be the minimum number of spaces provided during the term of this Agreement. MDC and CITY acknowledge the Parking Spaces will be used as public parking. 3. USE OF NAME. MDC and CITY shall not use or publish the name "Meridian Lodge #47" or any comparable description of the Masonic Lodge without the prior consent of ML47. 4. HUURS. ML47 agrees to lease the Parking Area to MDC and CITY for use as public parking 7 days a week from the hours of 6 a.m. to 6:30 p.m. during the term of this Agreement. Three VRT owned vehicles may be parked in the ParkingArea up to 24 hours a day. 5. INDEMNIFCATION. To the fullest extent permitted by law, during the term of this Agreement MDC agrees to indemnify and hold harmless ML47 from any and all claims, causes of action and lawsuits pertaining to any and all liability that arises out of the use of Parking Space Lease Agreement -Page -1 the Parking Area by MDC during the hours set forth in this A reement ex ' , , , , . g cluding any claims or liability for injuries or damages arising out of the ne li ent or int ' g g entional acts or omissions of ML47 or its employees, members or agents. Nothin in this A reem ' intended nor g g ent is may it be construed to increase the limits of liability of MDC as ca ed b the Idaho Tort Claims Act Id pp Y ( aho Code § 6-901 through § 6-929), or to otherwise lessen the protections afforded MDC under said Act. 6. LEASE PAYMENTS. The lease rate for the initial term "Lease Rate" shall ' , ( ) be limited to the following: a. MDC shall be responsible for ensuring that the Parkin Area is at all times free an g d clear of debris, garbage, snow and ice and MDC shall direct the schedulin of g and payment for these cleaning and maintainance services. 7. ALTERATIONS BY MDC. MDC and CITY shall make no alterations ad ' ' ditlons or improvements, other than those specified herein, to the Parkin Area and corres ondin ,. g p g parking spaces without ML47 s written consent. 8. NO BAILMENT. Notwithstanding any other provision hereof, the arkin of vehi 1 ' p g c es in the Parking Spaces shall not create a bailment between MDC and the owner of a ny vehicle parked in the Parking Area and MDC shall not be res onsible for loss or dam , p age occurring on or about the Parking Spaces to automobiles, vehicles or accessories, or the contents thereof, caused by theft, collision, water, wind storm or an other causes Y whatsoever. 9. INSURANCE. MDC shall at its own expense obtain and maintain eneral liabili insuran g ty ce covering the Parking Area during the term of this Agreement. However, nothin in the g foregoing or elsewhere in this Agreement is intended, nor ma it be construed to increase .. .. Y the limits of liability of MDC as capped by the Idaho Tort Claims Act or to otherwise lessen the protections afforded MDC under said Act. 10. ENTIRE AGREEMENT. This Agreement represents the entire understandin and g agreement between the Parties with respect to the subject matter hereof, and su ersedes p all other negotiations, understandings and representations if an made b and between C Y) Y such Parties, 11. AMENDMENTS. This Agreement shall not be modified or otherwise amended exce t in p writing signed by all the Parties. 12. BINDING EFFECT. All of the terms and provisions of this A reement, whether so g expressed or not, shall be binding upon, inure to the benefit of, and be enforceable b the Y Parties and their respective administrators, executors, legal representatives, heirs, successors and permitted assigns. Parking Space Lease Agreement -Page - 2 13. WAIVERS. The failure or delay of any Part at an time to re uire r Y Y q pe formance by another Party of any provision of this Agreement, even if known, shall not affect th ' e right of such Party to require performance of that provision or to exercise an ri ht ow y g , p er or remedy hereunder. 14. MISCELLANEOUS. Each Party represents and warrants that each erson ' p executing this Agreement on behalf of such Party is, at the time of such execution, dui authorized t y o do so by such Party s governing body, and is fully vested with the authori to bind ty such Party in all respects. If any provision of this Agreement is held invalid, ille al or unenfor . g , ceable, .the remainder shall be construed to conform to the intent of the Parties an d shall survive the severed provisions. IN WITNESS WHEREOF, the Parties hereto have executed this A reement as of the date se . g t opposite their signatures. The effective date of this Agreement shall be the date of the si nature of g the last Party to sign. October ~ ~ 2 Ol 1 MERIDIAN DEVELOPMENT CORPORATION BY ~ Attest Julie Pi ,Chairman S etar Y October I Z , 2011 CITY OF MERIDIAN By Tammy D e City k October , 2011 MERIDIAN LODGE #47, A.F & A.M. BY r Attest ~~ Pre ' ent /' Secretary Parking Space Lease Agreement -Page - 3 Meridian City Council Meeting DATE: September 20, 2011 ITEM NUMBER: gq PROJECT NUMBER: ITEM TITLE: Third Reading of Ordinance No. 11-1488: Precious Metal Dealers Ordinance MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 3-5-2(A), REGARDING PAWNBROKERS DEALING IN PRECIOUS METALS; AMENDING MERIDIAN CITY CODE SECTION 3-5-9(B)(4), REGARDING PAWNBROKER RECORDS; ADDING A NEW CHAPTER, CHAPTER 9, TO TITLE 3, MERIDIAN CITY CODE, REGARDING PRECIOUS METAL DEALERS: DEFINITIONS; APPLICABILITY AND EXEMPTIONS; LICENSE REQUIRED, APPLICATION, AND PROCEDURES; OPERATING REQUIREMENTS FOR REGULATED TRANSACTIONS INVOLVING TYPE 1 PRECIOUS METAL; OPERATING REQUIREMENTS FOR REGULATED TRANSACTIONS INVOLVING TYPE 2 PRECIOUS METAL; PROHIBITED ACTS BY PRECIOUS METAL DEALERS, PENALTIES, AND ENFORCEMENT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, there is a resurgence of precious metal dealing in the City of Meridian due to economic and other forces nationwide as well as locally, including higher-than-average unemployment rates, a strong market price for precious metals, and a rising incidence of theft of jewelry, coins, and other objects containing precious metals; WHEREAS, absent regulation, stolen jewelry, coins, and other precious metals are received by precious metal dealers and melted down before law enforcement can locate the stolen property, effectively halting further investigation, destroying evidence to prove the crime has been committed, and eliminating the possibility of recovery of the stolen property; WHEREAS, absent regulation, patrons of precious metal dealers are vulnerable to fraud; WHEREAS, pawnbrokers are currently subject to licensing and regulation, including a requirement that they electronically record and report to the Meridian Police Department all merchandise received and parties to the pawn, a system that has been beneficial to pawnbrokers, law enforcement, and victims of property crime, and that would be equally beneficial in the context of precious metal dealers; WHEREAS, the regulation of precious metal dealers would serve the health, safety, and welfare of the citizens of and visitors to the City of Meridian; and WHEREAS, a task force including business owners dealing in coins, jewelry, and other precious metal items; a pawnshop operator; a person familiar with the effects of precious metal theft; concerned Meridian citizens, and Meridian police officers met over the course of several weeks to discuss the risks and benefits of the regulation of precious metals, and such task force has recommended to the Mayor and City Council of the City of Meridian that this ordinance be adopted as a measure that will serve diverse interests affected by the regulation of transactions involving coins and other precious metal items; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: PRECIOUS METAL DEALERS ORDINANCE PAGE t Of 1Z Section 1. That Meridian City Code section 3-5-2(A) shall be amended as follows: 3-5-2: LICENSE REQUIRED; APPLICATION ANA PROCEDURE: A. License Required: It shall be unlawful for any person to engage in the business of a pawnbroker unless a valid license therefor has been issued as herein provided and said license is in full force and effect. Pawnbrokers shall be subject to anv and all applicable requirements of Title 3 Chanter 9, Meridian Citv Code with respect to any transaction involving an item which is composed in whole or in part of precious metals. as such are defined therein. Section 2. That Meridian City Code section 3-5-9{B) shall be amended as follows: 3-5-9: RECORDS: ~~~ B. Contents: Every transaction shall be memorialized in writing and signed by the person with whom the transaction is made. All parties to the transaction are entitled to receive a copy of this written record. The written record of every regulated tIansaction shall include the following information: 1. Name, address, telephone number, and store number of the pawnshop in which the transaction took place; 2. The name of the employee conducting the transaction; 3. Nattue and date of the transaction and an identification number for the transaction; 4. Complete description of the property purchased, pledged, traded or cosigned including, as applicable: brand name, make, model, serial number, color, size, and any identifying marks. Additionally: a. Jewelry shall be described with, as applicable, the type, weight, color, number and description of stones, style, size or length, any engraving, and whether it is considered a man's, woman's, or child's piece, provided that any and all ap licable requirements of Title 3 Chapter 9, Meridian City Code shall apply to anv transaction involvine an item which is composed in whole or in part of precious metals. as such are defined therein, and to anv pawnbroker carryina on such transaction; b. Vehicles shall be described with, as applicable, the vehicle identification number (VIN), make, model and color; c. Firearms shall be described with, as applicable, the make, brand, model number, serial number, caliber, type, barrel length, finish; 5. Full name, complete current residential address, current phone number, date of birth, race, sex, height, weight, hair and eye color of the person or persons with whom the hansaction is made; PRECIOUS METAL DEALERS ORDINANCE PAGE z Of 1Z 6. Type, including state or governmental agency of issue, and identifying number of the personal photo identification used by the person with whom the transaction is made; 7. The term of the loan or repurchase period, and the date on which the loan is due and payable or the repurchase option expires. Section 3. That a new chapter, Chapter 9, shall be added to Title 3, Meridian City Code, to read as follows: TTTLE 3 CHAPTERS PRECIOUS METAL DEALERS 3-9-1: DETI'INITIONS: The terms as used in this chapter shall have the following meanings: A. PRECIOUS METAL: Any item composed in whole or in pazt of gold, silver, platinum, or palladium. Precious Metals shall be classified as follows: 1. TYPE I PRECIOUS METAL: Any item, other Phan bars, bullion, coins, or ingots, composed in whole or in part of gold, silver, platinum, or palladium. Typc 1 Precious Metals shall include, but shall not be limited to: j ewelry, silverware, utensils, and serving dishes composed in whole or in part of gold, silver, platinum, or palladium. 2. TYPE 2 PRECIOUS METAL: Bars, hulIion, coins, or ingots composed in whole or in part of gold, silver, platinrm, or palladium. Type 2 Precious Metals shall include, but shall not be limited to: medallions, international coins, U.S. legal tender coins, numismatic items, and commemorative coins composed in whole or iri part of gold, silver, plaflnum, or palladium. Where an item composed in whole or in part of gold, silver, platinum, or palladium exhibits characteristics of both or neither a'fype 1 and/or a Type 2 Precious Metal, such item shall be classified and handled as a Type 1 Precious Metal. B. PRECIOUS METAL DEALER: Any person who conducts Regulated Transactions as or in the coru•se of "activity engaged in for profit," as such term is defined by the U.S. Internal Revenue Code. C. REGULATED TRANSACTION: The acquisition of Precious Metal, whether new or previously owned, for consideration in the form of cash, goods or other precious metal, whether by sale or trade. 3-9-2: APPLICABILITY; EXEMPTIONS: This Chapter shall not apply to: A. Pawnbrokers who do not conduct regulated transactions involving precious metals. A person holding a City of Meridian Pawnbroker License may engage in regulated transactions and/or act PRECIOUS METAL DEALERS ORDINANCE PAGE 3 Of 12 as a precious metals dealer without being separately licensed pursuant to this chapter so long as such person first obtains a Precious Metal Dealer Endorsement fox his or her City of Meridian Pawnbroker License. B. Wholesale purchases of Precious Metal directly from manufacturers or wholesalers for sale of such Precious Metal at retail, C. Financial institutions Iicensed under federal or state banking laws, D• A transaction in which a retail merchant accepts merchandise containing Precious Metals where the same merchant previously sold the same merchandise to the same person presenting such merchandise for exchange or refund. E. A transaction in which a jeweler accepts a new or previously-owned piece(s) of jewelry containing Precious Metal for the purpose of remodeling, refashioning, rebuilding, or repairing such jewehy, where the jeweler reasonably believes the person presenting such jewelry for such purpose to be the bona fide owner of the jewelry presented, or agent of such bona fide owner. F. Hobbyists who acquire Precious Metal by sale or trade solely as a hobby for pleasure or relaxation, and not as or in the coluse of "activity engaged in for profit," as such term is defined by the U.S. Internal Revenue Code. 3-9-3: LICENSE REQUIRED; APPLICATION; PROCEDURES: A. License or endorsement r•equirecl. It shall be unlawful for any owner or operator of premises to act as a Precious Metal Dealer, conduct regulated hansactions, or allow other persons on the premises to conduct regulated U•ansactions, without a valid City of Meridian Precious Metal Dealer License or, with regard to pawnbrokers holding a valid City of Meridian Pawnbroker License, a Precious Metal Dealer Endorsement for a City of Meridian Pawnbroker License. B. Application for License. Application for a City of Meridian Precious Metal Dealer License shall be made to the City Clerk and shall include: 1. Application fee and background check fee per fee schedule. 2. Fingelprints, taken by the Idaho State Police, of the applicant. 3. A completed application form provided by the City Clerk, which form shall include the following infoz•mation: a. Applicant's came, physical address, mailing address, driver's license number, and date of birth. b. Whether the applicant has had any license revoked by the City of Meridian or any other governmental entity within the five (5) years preceding the application date, PRECIOUS NnifAL DEALERS ORDNANCE PAGE 4 of 12 ~ c. Whether the applicant has been convicted of any felony or misdemeanor within the five (5) years preceding the application date, the nature of the offense, and the date, and the punishment or penalty assessed therefor. d. A description of the regulated transactions that are to be conducted and the Precious Metals to be handled under the City of Meridian Precious Metal Dealer License. e. Street address of the premises at which regulated transactions are to occur. C. Application for Endorsement. Application for a Precious Metal Dealer Endorsement for a City of Meridian Pawnbroker License shall be made to the City Clerk and shall include: 1. Application fee per fee schedule. 2. A copy of the applicant's valid and current City of Meridian Pawnbroker License. 3. A completed application form provided by the City Clerk, which form shall include fire following information: a. Applicant's name, physical address, and mailing address. b. Street address and parcel number of the premises at which regulated transactions are to occur. a A description of the regulated transactions that are to be conducted and the Precious Metals to be handled under the Precious Metal Dealer Endorsement. D. Investigation. Upon receipt of all application materials for a City of Meridian Precious Metal Dealer License or a Precious Metal Dealer Endorsement fox a City of Meridian Pawnbroker License, the City Clerk shall refer such application to the chief of police or designee, who shall cause an investigation to determine the validity and completeness of the information therein. The chief of police or designee shall endorse upon the application the findings of the investigation and return it to the City Clerk. E. Notice of decision. Upon receipt of the findings of the chief of police or designee, but no later than twenty one (21) calendar days from the date of submission of the completed application and all application materials required by this subsection, the City Clerk shall either issue the License or ~ndorsemerrt to the applicant or• deny the application. Where the City Clerk denies an application for a City of Meridian Precious Metal Dealer License or Precious Metal Dealer Endorsement for a City of Meridian Pawnbroker License, the City Clerk shall notify the applicant of such denial in writing, and shall include the grounds for such denial and notice of the right to appeal such decision as set forth in this chapter. Written notice of the denial shall be sent via U.S. mail to the applicant at the address set forth on the application. F. Denial of license. The City Clerk shall deny a City of Meridian Precious Metal Dealer License where: 1. The applicant is under the age of eighteen (18) years; PILECIOUS METAL DEALERS ORDWANCE PAGE S Of 12 2. The applicant has had a similar license revoked by this City or any other governmental entity within the five (5) yeazs immediately preceding the date of the application; 3. The applicant has been convicted of any crime, whether felony or misdemeanor, related to theft, fraud, deception, or moral turpitude within the five (5) years immediately preceding the date of the filing of the application; or 4. The applicant has misrepresented or made a false or fraudulent statement of material or relevant facts contained in the application. G. Denial of endorsement. The City Clerk shall deny a Precious Metal Dealer Endorsement fox a City of Meridian Pawnbroker License where the applicant has misrepresented or made a false or fraudulent statement of material or relevant facts contained in the application. Ii. Appeal of dental. Appeal of the City Clerk's denial of an application for a City of Meridian Precious Metal Dealer License or Precious Metal Dealer Endorsement for a City of Meridian Pawnbroker License may be made by the applicant. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. mail or in person within fourteen (14) days of such denial. Upon receipt of such written appeal, the City Clerk shall schedide a public hearing on the appeal at a City Council meeting within thirty (30) days. Fo]lowing a public hearing on the appeal, City Council shall either affirm or reverse the City Clerk's action and shall issue written findings supporting such decision. The City Council's decision on such appeal shall be a final decision. I. Granting of license or endorsement. The City of Meridian Precious Metal Dealer License or Precious Metal Dealer Endorsement for a City of Meridian Pawnbroker License shall include, on its face: 1. The name of the individual licensed or endorsed to act as a Precious Metal Dealer; 2. Street address of the premises at which regulated transactions may occur; 3, A description of the regulated hansactions that may occur under such license; 4. The dates during which such license or endorsement is valid. J, Term of license. Unless earlier revoked, such license or endorsement shall be effective through December 31 of the year issued. K. Not transferable. A City of Meridian Precious Metal Dealer License or Precious Metal Dealer Endorsement for a City of Meridian Pawnbroker License shall not be transferable, either as to person or• place. L. Revocation. The City Clerk may revoke a City of Meridian Precious Metal Dealer License or Precious Metal Dealer Endorsement for a City of Meridian Pawnbroker License where: 1. A term or condition of the license or endorsement is violated. PRECIOUS METAL DEALERS ORDINANCE' PAGE 6 Of 12 2. In the course of any regulated transaction, the licensee, endorsee, or any agent of such licensee or endorsee violates a provision of this section or of any other local, state, or federal law. 3. It is found, after issuance of such license or endorsement, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application. 4. The licensee or endorsee is convicted of any crime, whether felony or misdemeanor, related to theft, fraud, deception, or moral turpitude. The City Clerk shall notify the licensee of such revocation in writing, and shall mail such notice to the applicant at the mailing address set forth in the mobile sales unit license application. Such revocation shall be effective immediately upon mailing by the City Clerk. M. Appeal of revocation. Appeal of the City Clerk's revocation of City of Meridian Precious Metal Dealer License or Precious Metal Dealer Endorsement for a City of Meridian Pawnbroker License may be made by the licensee or endorsee. Such appeal shall he made in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk via U.S. mail or in person within fourteen (14) days of such revocation. Upon receipt of such appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within thirty (30) days. The City Council's decision on such appeal shall be a final decision. 3A-4: OPERATING REQUIREMENTS FOR REGULATED TRANSACTIONS INVOLVING TXPE 1 PRECIOUS METAL: A. Records. At the time of each and every regulated transaction involving a Type 1 Precious Metal, the person conducthig such h•ansaction shall create a record of such regulated transaction in the manner and by the method as shall be established by the Chief of Police in a written administrative policy approved by resolution of City Council. 1. The record of a regulated transaction involving a Type 1 Precious Metal shall include the following information: a. Clear photograph of the item(s) acquired, purchased, sold, pledged, traded, and/or cosigned (where two or more items are involved in one regulated transaction, one photograph may be taken of the lot so long as all items may be clearly discerned); b. Name, address, and telephone number of the location of the transaction; c. Full name of the person conducting the transaction; d. Full name, physical address, date of birth, race, sex, height, weight, and hair and eye color of the person or persons with whom the transaction is made; e. Issuing agency and identifying number of the valid personal photo identification of the person with whom the transaction is made; PRECIOUS METAL DBALBRS ORDINANCB PAGE T Of 1Z f. Date, time, and nature of the hansaction, including the amount and terms of the transaction; g. Complete description of the item(s) acquired, purchased, sold, pledged, traded, or cosigned including, as applicable: type; style; composition; weight; color; size; dimensions; whether considered a man's, woman's, or child's piece; and any other identifying marks, engravings, flaws, or characteristics; and h. Signatures of both parties to the transaction. 2. The record of any and all regulated transactions involving Type 1 Precious Metal shall be transmitted within twenty-four (24) hours of such transaction in the manner and by the method as shall be established by the Chief ofPolice. 3. Upon request'of the chief of police or designee, the Precious Metal Dealer shall produce any and all records of regulated transactions involving Type 1 Precious Meta] and shall permit the chief of police or designee to examine them. Any such inspection shall occur during regular and usual business hours. 4. The record of a regulated transaction involving Type 1 Precious Metal shall be retained by the Precious Metal Dealer for a minimum of one (1) year following such transaction. B. Retention period. Each and every Precious Metal Dealer shall retain all Type 1 Precious Metals acquired, without melting or otherwise changing the physical form or characteristics thereof, for a minimum of seven (7) calendar days from the date of the regulated transaction, except that, whenever the chief of police or designee shall notify any Precious Metal Dealer that any item(s) in his or• her possession may be stolen property or otherwise related to criminal activity, the Precious Metal Dealer shall retain such item(s), without melfing or otherwise changing the physical form or chazacteristics thereof, for a minimum of sixty (60) calendar days from the date of such notification, unless earlier released in writing by the Chief of Police or designee. Until the expiration of the applicable retention period, the dealer shall not sell, alter or dispose of a purchased item in whole or in part, or remove it from the premises. All items required to be retained under this section shall be open to and made available for inspection. 3-9-5: OPERATING REQUIREMENTS FOR REGULATED TRANSACTIONS INVOLVING TYPE 2 PRECIOUS METAL: A. Records. At the time of each and every regulated transaction involving a Type 2 Precious Metal, the person conducting such transaction shall create a record of such regulated transaction. 1. The record of a regulated transaction involving a Type 2 Precious Metal shall include the following information: a. Name, address, and telephone number of the location of the transaction; b. Full name(s) of the person conducting the tJansaction; c. Date and time of the transaction; PRECIOUS METAL DEALERS ORDJNANCE PAGE 8 of 12 d. Name, valid personal photo identification number, and date of birth of the person with whom the transaction is made; and e. Complete description of the item(s) acquired. 2. In the course of an active law enforcement investigation, and upon provision of investigation report number by the chief of police or designee, the Precious Metal Dealer shall produce any and all records of regulated hansactions involving Type 2 Precious Metal and shall permit the chief of police or designee to examine them. Any such inspection shall occur during regular and usual business hours. 3. The record of a regulated transaction involving Type 2 Precious Metal shall be retained by the Precious Metal Dealer for a minimum of one {1) year following such transaction. B. Retention period. Whenever the chief of police or designee shall notify any Precious Metal Dealer that any item(s) in his or her possession may be stolen property or otherwise related to criminal activity, the Precious Metal Dealer shall retain such item(s), without melting or otherwise changing the physical form or characteristics thereof, for a minimum of sixty (60} calendar days from the date of such notification, unless earlier released in writing by the Chief of Police or designee. Until the expiration of the applicable retention period, the dealer shall not sell, alter or dispose of a purchased item in whole or in part, or remove it from the premises. All items required to be retained under this section shall be open to and made available for inspection. 3-9-6: PROHIBITED ACTS; PI•;NALTY; )JNI'ORC);MENT: A. Prohibited acts by Precious Metal Dealers. It shall be unlawful for any Precious Metal Dealer, or any employee or agent thereof, to: 1. Fail to strictly comply with any provision of this. Chapter. 2. Conduct a regulated transaction at a place, manner, or location: a. That is not authorized under a valid, current City of Meridian Precious Metal Dealer License or Precious Metal Dealer Endorsement for a City of Meridian Pawnbroker License. b. In violation of any provision of this Chapter. 3. Conduct a regulated transaction where any required license, permit, and/or certification required for such hansaction, including, but not limited to a City of Meridian Precious Metal Dealer License or Precious Metal Dealer Endorsement for a City of Meridian Pawnbroker License, is expired or• is not valid and current for any reason. 4. Misrepresent any purpose, procedure, or consequence of a regulated transacfion. PRECIOUS METAL DEALERS ORDINANCE PAGE 9 Of 12 5. Represent the issuance of a City of Meridian Precious Metal Dealer License or Precious Metal Dealer Endorsement for a City of Meridian Pawnbroker License as an endorsement or recommendation of such licensed activity. 6. Fail to create, transmit, and/or retain records of regulated transactions as required by this chapter. 7. Falsify any official record or entry on an official record required to be kept pursuant to this chapter or transmit any false record to the police. 8. Obliterate, destroy, or remove from the place of business any records required to be kept pursuant to this chapter. 9. Refuse to allow the chief of police or designee, upon provision of an active law enforcement investigation report number, to conduct a meaningful inspection of the business premises, or any records or other goods located or required to be located at the place of business, during regular and usual business hours. 10. Fail to report to the Meridian Police Department, withintwenty-four (24) hours, the acquisition or attempted sale of Precious Metals reasonably believed to be lost or stolen. 11. Remove or allow removal from the premises any item acquired in a regulated transaction within seven (7) calendar days following the receipt of said property. 12. Enter into a regulated transaction with a person who is under eighteen (18) years of age; incompetent; or under the influence of drugs or alcohol. 13. Allow any agent or person in his ar her employ, charge, contractual control, or tenancy to conduct a regulated transaction where such agent, employee, charge, contractor, or tenant does not meet the qualifications for licensing as a Precious Metal Dealer, except that only the owner or operator of the premises where regulated transactions are conducted shall be required to obtain a City of Meridian Precious Metal Dealer License. B. Prohibited acts by parties to regulated transactions. It shall be unlawful for any person to: 1. Provide a false name or address, or any false, untrue or misleading information or statement in the course of a regulated transaction. 2. Offeror attempt to engage in a regulated transaction where such person is not the bona fide owner of such item or shown to be the agent of the bona fide owner of such item. 3. Offer or attempt to engage in a regulated transaction where a reasonable person would believe that the item offered is stolen. C. Penalty: A violafion of any provision of this section shall be a misdemeanor, punishable by ~ such f ne and/or imprisomnent as established by Idaho Code. In addition to such penalty, any person violating any provision of this section shall be subject to any and all other applicable administrative, criminal, and/or civil penalfies. PRECIOUS METAL DEALERS ORDINANCE ~ PAGE I O Of 12 3-9-7: 5EVERABILITY: If any provision or section of this chapter shall be held to be invalid by a court of competent jurisdiction, then such provision or section shall be considered separately and apart from the remaining provisions or sections of this chapter, which shall remain in full force and effect. Section 4. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 5. That this ordinance shall be effective on November 1, 2011. PASSED by the City Council of the City of Meridian, Idaho, this Z~y d of September, 2011. APPROVED by the Mayor of the City of Meridian, Idaho, this ~ d~ September, 2011. APPROVED: Tammy de }A~~Erd, Mayor ATTEST: \\~~a~nuiu~p~q .~`~~~~1 ~ M~~O ~~''% .° Cl~~~POny rF 9y''~, Jaycee Iman, City Cler~C ~<°;K~~.c ~~ .;° Cg(t~,TY • ~ ~`~ PRECIOUS METAL DEALERS ORDINANCE PAGE I I Of 12 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO.11-~~ PROVIDING FOR AN AMENDMENT OF THE MERIDIAN CITY CODE SECTIONS 3-5-2(A) AND 3-5-9(B); AND ADDING A NEW CHAPTER, CHAPTER 9, TO TITLE 3, MERIDIAN CITY CODE AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 3-5-2(A), REGARDING PAWNBROKERS DEALING IN PRECIOUS METALS; AMENDING MERIDIAN CITY CODE SECTION 3-5-9(B)(4), REGARDING PAWNBROKER RECORDS; ADDING A NEW CHAPTER, CHAPTER 9, TO TITLE 3, MERIDIAN CITY CODE, REGARDING PRECIOUS METAL DEALERS: DEFINITIONS; APPLICABILITY AND EXEMPTIONS; LICENSE REQUIRED, APPLICATION, AND PROCEDURES; OPERATING REQUIREMENTS FOR REGULATED TRANSACTIONS INVOLVING TYPE 1 PRECIOUS METAL; OPERATING REQUIREMENTS FOR REGULATED TRANSACTIONS INVOLVING TYPE 2 PRECIOUS METAL; PROHIBITED ACTS BY PRECIOUS METAL DEALERS, PENALTIES, AND ENFORCEMENT; PROVIDING A SEVERA I;'I ~A SE; AND PROVIDING AN EFFECTIVE DATE. ~o`~~y~~~Uf~'',; 1 ''~ T ._,.~y vi iva"ai ai n~ Mayor and CI Council = ~~~, ,~~ ~ ,~ By: Jaycee Holman, City Clerk "% 9Q SST 1S'~ • or' First Reading: $ - 2_~ _ l~ "~~nnnin~~~"~ Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES NO~~ Second Reading: ~ - to - I Third Reading: Q - ZO - /~ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 11- _/y~ The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 11- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this ~ O day of September, 2011. V~1~` r~~ William. L.M. Nary City Attonyey PRECIOUS METAL DEALERS ORDINANCE PAGE I2 Of I2 Meridian City Council Meeting DATE: September 20, 2011 ITEM NUMBER: 9B PROJECT NUMBER: ITEM TITLE: Ordinance No. ~ - (~ ~ ~ An Ordinance Repealing Title 1, Chapter 13 of the Meridian City Code and Dissolving the Economic Development Corporation Which Was Created for the Purpose of Issuing Industrial Development Bonds for the Micro 100 Tool Corporation MEETING NOTES Community Item/Presentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO.~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE REPEALING TITLE 1, CHAPTER 13, MERIDIAN CITY CODE, REGARDING THE ECONOMIC DEVELOPMENT CORPORATION; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 3, 1983, the City Council of the City of Meridian created a public corporation known as the "Economic Development Corporation" under the Municipal Industrial Development Program, as authorized in Title 50, Chapter 27 of the Idaho Code; and, WHEREAS, the Economic Development Corporation was created for the purpose of issuing industrial development bonds for the Micro 100 Tool Corporation, which have been paid; and WHEREAS, and the Economic Development Corporation currently serves no municipal purpose; and, WHEREAS, the Economic Development Corporation has no property to administer; and, WHEREAS, all outstanding obligations of the Economic Development Corporation have been satisfied; and, WHEREAS, the City Council of the City of Meridian desires to dissolve the Economic Development Corporation; and, WHEREAS, Economic Development Corporation has no relationship to the Meridian Development Corporation created under Idaho Code Title 50, Chapter 20, and this Ordinance shall have no effect on the continued existence of the Meridian Development Corporation. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 1, Chapter 13 of the Meridian City Code is hereby repealed and the Economic Development Corporation is hereby dissolved. Section 2. That all funds currently held by the Economic Development Corporation in the amount of $2,517.66 shall be transferred to the City of Meridian. Section 3. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect on its passage and approval. ORDINANCE REPEALING TITLE 1,. CHAPTER 13 -ECONOMIC DEVELOPMENT CORPORATION -PAGE 1 OF 2 ~ PASSED by the City Council of the City of Meridian, Idaho, this ~O day of e~ ~ YY1~P% 2011. APPROVED by the Mayor of the City of Meridian, Idaho, this ~ day of i~P~-~--P mhe ~ ; 2011. Tammy ~Veerd, Mayor \\"„~uniun ~/// `\\ ~ ®/ G City Clerk - M 9G n~Ci y~ _ ... ,c. ORDINANCE REPEALING TITLE 1, CHAPTER 13 -ECONOMIC DEVELOPMENT CORPORATION -PAGE 2 OF 2 Meridian City Council Meeting DATE: September 20, 2011 ITEM NUMBER: 10 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS