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2011-10-11
~ ~. ~` ~ . .t Tuesday 1. Roll-Call Attendance David Zaremba Brad Hoaglun Charlie Rountree Keith Bird ® Mayor Tammy de Weerd 2. Pledge of Allegiance 5. Consent Agenda Approve A. Approve Minutes of September 6, 2011 City Council Pre Council Meeting B. Approval of New BeerNVine License Application for Wookie Corporation dba KB's Burritos Located at 3240 E. Louise Dr. Ste 110 C. Approval of Joint Use Agreement with the Meridian Joint School District for the NW nth Street Pedestrian Lighting Project D. Approval of Agreement with Ada County Highway District for Construction of the Pine Avenue/Linden Road Intersection and Nine Mile Creek Pipe Replacement Project E. First Addendum to the Sewer Improvement Agreement for Coleman Homes, F&C Development and Diamond View Assisted Living LLC Meridian City Council Meeting Agenda -Tuesday, October 11, 2011 Page 1 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 at least 48 hours prior to the public meeting. F. Addendum No. 9 to Original Agreement Dated November 1, 2002 with the City of Boise for City Prosecutor/Criminal Legal Services for aNot-to-Exceed Amount of $293,964.00 G. Five Water Main Easement Agreements with Trust B of the Dobaran Family Revocable Trust H. Professional Services Agreement with Missoula Children's Theatre for the Production of "The Wiz of the West" in March of 2012 for aNot-to-Exceed Amount of $2,650.00 I. Correction Quitclaim Deed for Water Well Lot at Bittercreek Meadows J. Final Order for Approval: TEC 11-005 Cavanaugh Subdivision by DBSI Tanana Valley, LLC Located Southeast Corner of S. Meridian Road and E. Victory Road Request: A Two (2) Year Time Extension in Order to Obtain the City Engineer's Signature on a Final Plat K. Findings of Fact, Conclusions of Law for Approval: MDA 11- 008 Spring Creek Ustick (Ashtyn Park)by Douglas Clegg Located 3165 N. Meridian Road Request: Terminate the Recorded Development Agreement (Inst. #107022433) and the Recorded Addendum (Inst. #110078719)Approved with the Annexation and Modified with the Spring Creek Ustick Project L. Termination of Development Agreement Spring Creek Ustick (Ashtyn Park Subdivision) MDA 11-008 M. Findings of Fact, Conclusions of Law for Approval: MDA 11- 007 Sgroi Property by Nunzio Sgroi Located 4405 E. Ustick Road Request: An Amendment to the Development Agreement to Extend the Time Allowed for the Agreement to be Signed and Returned to the City N. Findings of Fact, Conclusions of Law for Approval: MDA 11- 009 Grau Property by Bill Grau Located at 4135 W. Cherry Lane Request: An Amendment to the Development Agreement to Extend the Time Allowed for the Agreement to be Signed and Returned to the City 6. Items Moved From Consent Agenda 7. Department Reports A. Public Works Department: Strategic Plan lJpdate B. Planning Department: Removal of Property From Meridian Area of City Impact to Boise Area of City Impact C. Clerk's Office: Approval of Owner Transfer for BNV/L License from Toowoomba LLC to White Water Saloon II LLC Located at 1646 N. Meridian Rd. ove to Ite 5 on onsei-" _" - - 1a D. Legal Department: Notice and Grievance Procedure under The Americans with Disabilities Act and Section 504 of the Rehabilitation Act 8. Ordinances A. Ordinance No. 11-1497: An Ordinance (AZ 09®001 Goff) for the Annexation of a Parcel of Land Located in the SE 1/4 of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho A roved 9. Future Meeting Topics Mourned at 4: .rn. Meridian City Council Meeting Agenda -Tuesday, October 11, 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 and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Uorkshop ®ctober 11, 2011 A meeting of the Meridian City Council was called to order at 3:02 p.m., Tuesday, October 11, 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, Tom Barry, Rich Dees, John Overton, Mark Niemeyer, 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: I will go ahead and get tonight's meeting started -- or this afternoon's. Sorry, I'm always used to that evening meeting. So, welcome. We appreciate you all joining us here at our City Council workshop. For the record it is Tuesday, October 11th. It's two minutes after 3:00. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Thank you. Item No. 2 our Pledge of Allegiance. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Adoption of the Agenda De Weerd: Okay. Item No. 3 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple changes to our agenda for today. Under Item 4, Proclamations, 4- A, there is a request to move that to October 25th. Under Item 7, Department Reports, 7-C, the Clerk's Office has received all the appropriate approvals from the county, so they requested that it be moved to the Consent Agenda and we can move that to 5-O and have that part of the Consent Agenda and under Item 8, Ordinances, 8-A is Ordinance No. 11-1497. And with those changes, Madam Mayor, I move adoption of the agenda. Meridian City Council Workshop October 11, 2011 Page 2 of 30 Zaremba: Second. De Weerd: I have a motion and a second to approve the amendment as changed. All those in favor say aye. I guess that means agenda as changed. Sorry. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 4: Proclamations A. Cyber Security Awareness Month De Weerd: We will be skipping Item 4-A, as that has been requested to be moved to October 25th. Item 5: Consent Agenda A. Approve Minutes of September 6, 2011 City Council Pre Council Meeting D. Approval of New Eeer/Wine License Application for Wookie Corporation dba KB's uirritos Located at 3240 E. Louise Dr. Ste 110 C. Approval of Joint Use Agreement with the Meridian Joint School District for the NW 8th Street Pedestrian Lighting Project D. Approval of Agreement with Ada County Highway District for Construction of the Pine Avenue/tinder Road Intersection and Nine Mile Creek Pipe Replacement Project E. First Addendum to the Sewer Improvement Agreement for Coleman Homes, FCC Development and Diamond View Assisted Living LLC F. Addendum No. 9 to ®riginal Agreement Dated November 1, 2002 with the City of Boise for City Prosecutor/Criminal Legal Services for aNot-to-Exceed Amount of X293,964.00 G. Five Water Main Easement Agreements with Trust E of the Dobaran Family Revocable Trust H. Professional Services Agreement with Missoula Children's Theatre for the Production of "The Wiz of the West" in March of 2012 for aNot-to-Exceed Amount ®f $2,650.00 Meridian City Council Workshop October 11, 2011 Page 3 of 30 I. Correction Quitclaim Deed for 1Nater 1~lell Lot at Bittercreek Meadows J. Final Order for Approval: TEC 11-005 Cavanaugh Subdivision by DBSI Tanana Valley, LLC Located Southeast Corner of S. Meridian Road and E. Victory Road Request: A Two (2) Year Time Extension in Order to Obtain the City Engineer's Signature on a Final Plat K. Findings of Fact, Conclusions of Law for Approval: MDA 11- 008 Spring Creek Ustick (Ashtyn Park)by Douglas Clegg Located 3165 N. Meridian Road Request: Terminate the Recorded Development Agreement (Inst. #107022433) and the Recorded Addendum (Inst. 110078719)Approved with the Annexation and Modified with the Spring Creek Ustick Project L. Termination of Development Agreement Spring Creek Ustick (Ashtyn Park Subdivision) MDA 11-008 M. Findings of Fact, Conclusions of Law for Approval: MDA 11- 007 Sgroi Property by Nunzio Sgroi Located 4405 E. Ustick Road Request: An Amendment to the Development Agreement to Extend the Time Allowed for the Agreement to be Signed and Returned to the City N. Findings of Fact, Conclusions of Law for Approval: MDA 11- 009 Grau Property by Bill Grau Located at 4135 VII. Cherry Lane Request: An Amendment to the Development Agreement to Extend the Time Allowed for the Agreement to be Signed and Returned to the City O. Moved from Item 7C: Approval of Owner Transfer for B/W/L License from Toowoomba LLC to White Water Saloon II LLC Located at 1646 N. Meridian Rd. De Weerd: So, Item No. 5 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: As noted in the adoption of the agenda, 7-C we are going to move to 5-O and that is approval of owner transfer of the beer, wine, and liquor license from Toowoomba, LLC, to White Water Saloon II, LLC, located at 1646 North Meridian. That will be Item 5-O on the Consent Agenda. And with that addition, Madam Mayor, I move approval of the Consent Agenda and the Mayor to sign and Clerk to attest. Meridian City Council Workshop October 11, 2011 Page 4 of 30 Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Seeing there is no discussion, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Items fVloved From Consent Agenda De Weerd: Okay. There were no items moved from the Consent Agenda. Item 7: ®epartment Reports A. Public lnlorks ®epartment: Strategic Plan lJpdate De Weerd: So, we will move to Item 7-A and I will turn this over to Mr. Barry. Barry: Good afternoon, Madam Mayor, Members of the City Council. It's my privilege this afternoon to present to you the Public Works Department annual report slash strategic plan update. I'm surprised we have a number of staff in the audience here. Actually, an enormous number of Public Works staff, and I just wanted to assure everyone that we are still pumping water and we are still accepting sewage at the moment, despite the large staff we have here. And, you know, this is actually a testament to the Public Work Department and our culture that we are trying to build, and that is to try to bring as much information to the staff as we can and also get the staff as involved with decision making as we can as well and so I'm excited to have these folks, who were not required to be here or obligated to be here, but, rather, took it upon themselves to show their support and also learn about what we are doing at the department cross-divisionally. So, I'm excited about that. De Weerd: Well, I'd like to thank you for being here. We appreciate it. It's always good to see you. Now, Tom, I -- Zaremba: I'd also, Madam Mayor, want to thank them for being there. Are you each going to take ten minutes to tell us a little bit about yourself? De Weerd: Well, I was going to ask Tom if he would individually introduce them. Barry: Okay. Starting in the front row here -- no, actually. But I would like to introduce a couple key staff members and I'll do this as well. We have my executive assistant slash administrative assistant Susie Deardorff join us in the last, oh, month or two and Meridian City Council Workshop October 11, 2011 Page 5 of 30 she is learning quickly and has been a valuable asset to the organization, certainly in insisting me. I'm grateful. We have had a couple other key members. I'll introduce them as we get into the slide show. But I do want to thank the staff not only for coming today, but also for many of you who contributed to the information and the statistics and, more importantly, the accomplishments that we have realized and will be sharing with you today. We know that we are a large department and we are probably one of the departments that has some more different sort of complexities with it and we do all sorts of different things, which is what makes Public Works very exciting. But it makes it a challenge to present to you sort of all the great things we are doing and all the things we need to do because of that diversity and we know that sometimes we can present technical information that's not necessarily easily understood, but one of the things that we are trying to do as a department is to bring Public Works to you in new and innovative ways and we are going to start today with a new and innovative way that we hope you will appreciate and enjoy and I want to, before we start this, thank Susie and Rich and in particular Janine Rodriquez, who were instrumental in making the next event happen. So, thank you to the three of you and I hope that you enjoy this. (Video played.) De Weerd: I admit I was a little concerned with the 9 to 5 reference. Very nice. Barry: Madam Mayor, Members of the Council, we are very proud of all the members of the Public Works family that make each of our lives better in the City of Meridian, because we know if it weren't for them our quality of life would be very different from the way it is. So, I want to thank them and appreciate them at this time and let you know that it's their efforts that really we are here to celebrate today and we are just so grateful for all that they do. I do also want to say that the presentation you just saw incorporated everybody in the Public Works Department. Nobody was missing from that. So, we are also pleased with that as well. De Weerd: Tom, I guess before you get started, some of your staff were -- were present at a staff meeting I attended and I attended I think once since, then, but it was shortly after Public Works Day and I can tell you from those that were -- that participated on the tour, that participated in the City Hall plaza and City Hall activities and that whole event, you really showed a pride to our community and that you're much more than the 9 to 5 employees, that you really truly care and I think that actions speak louder than words and what you have done over this last year and -- in showing a true face to our community about who you are and what your values are, you really have impressed and given assurances to the citizens that you serve, that they will always give you now more the benefit of the doubt and they take less for granted about those things that they never see, because we know you're doing your job well when we don't hear from our public. So, thank you for that. But I do want you to know that it's recognized how you have stepped out and stepped up and it's greatly appreciated. So, just wanted to thank them. Meridian City Council Workshop October 11, 2011 Page 6 of 30 Barry: Thank you for your kind words, Madam Mayor. We have a lot of great stuff to share with you today and although I understand the Council agenda has been cleared for our presentation today, we will try to be expeditious in our presentation. De Weerd: Every other slide, Tom. Barry: All right. First I want to recognize the management team, the senior leadership team for the Public Works Department. This is a team that was developed in 2008 and incorporates division managers and represents a collective of all various facets of the Public Works organization into the leadership and management decisions that are made in the organization. A couple new members. Tiffany Floyd joined us recently. She is our utility operations manager. She's standing there. And, then, also Dennis Teller, which I know you have been introduced to during the budget process -- or season. And, then, lastly, I have introduced Susie already. So, we welcome them and appreciate their contributions. The Public Works mission statement is essentially -- you know, it is our mission to anticipate, plan, and provide for exemplary public services and facilities that support the needs of our growing community in a customer focused, efficient, financially responsible manner and we take that very seriously. A brief overview of our organization, because it's changed slightly, but not a whole lot. We have eight divisions, 14 sections, 90.5 budgeted FTEs and of those 86 of the positions are filled. Our infrastructure has changed slightly, although we don't have a lot of growth going on in the city at the moment, we still have contributed to enhancements in both our water and sewer systems. For example, probably one of the most major changes is the addition of our reclaimed water booster station and two 500 gallon -- or 500,000 gallon storage reservoirs. We have also added about three and a half miles of reclaimed water line and we added about a mile of water and sewer lines and replaced -- or, excuse me, half a mile of water and sewer lines and replaced about a mile of water and sewer lines in the last year. We have also added almost 500 customer accounts in the last year's period as well. Okay. So, I just wanted to quickly touch base with where we are spending our money. We have sort of three major groups in the Public Works Department, administration and engineering, which is kind of the City Hall group, water and, then, wastewater and from a personnel standpoint wastewater and the administrative sections, such as engineering groups are expending about the same amount for personnel and water because of the number of persons out there are just a little bit less. Operating expenses are roughly proportionate to those in the personnel, with maybe just a slightly more in wastewater, but one of the most striking differences between our organization is where we place our capital investments and because of the cost associated with the technologies and the fact that we are running on treatment facility, our wastewater capital construction costs out pace our water construction costs two to one. So, that's where a lot of our investment dollars from a capital construction standpoint go. We have focused on trying to connect more with our community and we have done this in a number of different ways. As you know, Public Works Week, which has already been discussed briefly, is one of the -- is sort of our signature event, if you will, and this year we saw an enormous surge in the number of participants in this particular event. Actually, to our pleasant surprise. We estimated about seven or eight hundred folks attended this particular event. This is the third year we have done it. The Meridian City Council Workshop October 11, 2011 Page 7 of 30 first year we had about 50 participants. The second year about maybe 100 to 150. So, to go from that to now about seven to eight hundred, we were very, very pleased with that. We have also -- during the Public Works Week had a number of different events. We had a proclamation, which the Mayor read. We had a tour. We also had the Poop Scoot, which was a fun run, it was about a 3K fun run, and we had 72 participants, which we were a little concerned about, because we moved to an actual weekend, instead of doing it during the week and we actually increased participation and had a number of people join us for that. We had various sponsors. As a matter of fact, we had over 15 sponsors for the whole Public Works Week event in and of itself and what was really cool about the Poop Scoot, as I have mentioned before, we raised 2,700 dollars for the Meridian Food Bank through the participation of those who ran and walked in that particular event. We have also tried to connect with our community by continuing our efforts in giving back to the community, including Paint The Town and Councilman Bird's not here, I wanted to thank him again for the shirts that he donated to our team for the painting and, you know, these kinds of events are the events that just really are just a pleasure to give back to our community and show how much we care with regard to, you know, not going above and beyond, just providing water and sewer service and other services. We have provided professional training to various types of consultants or contractors, including sedimentation, erosion control training. We are going to have a training here in the next month or so for the developing community with regard to our warranty surety program and we are trying to connect with them on those levels as well. We have continued our community outreach efforts on a number of different fronts, including both childhood education and adult education and I'm pleased to say that thus far this year we have outreached to about 500 residents, both young and old, talking to them about all kinds of different things in Public Works -- our Public Works, wastewater treatment, water, and environmental issues and challenges. We have also tried to connect with our community by incorporating the youth life -- or Youth Work Life Skills program internships that were set up by the HR department, which we are pleased to participate in. We had participants -- about 14 interns over the whole city who contributed a number of hours -- we actually had, excuse me, 14 interns work approximately a thousand hours in Public Works alone and that was a real pleasure to have these youth come in and ask a lot of inquisitive questions and get them excited about the things that we do. We want to move on to departmental accomplishments and recognize a number of the advancements that we achieved in the last year and certainly the caveat that with the fact that we are not done and we know that. We are kind of just chipping away, if you will, at the iceberg here. But under performance measurement we are using a national infrastructure scoring system. Under the pipeline assessment certification program for our water and sewer line -- or, excuse me, for just our sewer lines and we want to expand that concept to water here in the near future. We started a management academy, which we have talked about for some time to help train, encourage, and really consolidate the management skills that we have in our organization and we had just our first round and that will be a monthly management training that will occur. We are excited about that. We have also developed a citywide consumable store with the help of other departments and department personnel. This is a place where all departments can come to a centralized resources, i.e., City Hall, and pick up a number of different sorts of consumables that we all use, whether that be Meridian City Council Workshop October 11, 2011 Page 8 of 30 paper products or other sorts of things that are common to all departments, we figure having the centralized system allows us to order in bulk and save and pass along those savings to the other departments. You're very familiar with our warranty surety program, where we have made improvements to guaranteeing work performed and also in guaranteeing adherence to warranty requirements, which has been a major improvement for the city as well. I mentioned the community outreach and education component. Asset management is one that we really stepped up. We brought an asset management program formally into the water division this year. It has been working well in wastewater for about a year and a half or so. Bringing it into water allows us to expand our improvements on managing and maintaining the assets and in performing more preventative maintenance, as opposed to corrective maintenance. Lastly we also did a major undertaking over this last year to upgrade the health and safety manual, which was 31 chapters and almost 500 pages. That's a manual that we use in our department to insure safety -- the safety and welfare of our workforce. In wastewater we have accomplished a number of different things. First of all, you are very familiar with the reclaimed water program that we were able to expand upon over this last year by incorporating some of the infrastructure I mentioned earlier. We have also been utilizing the Hansen Asset Management Program, as I have mentioned as well. Our collection system operational Hansen have been marked and we have actually through some of those efforts been able to achieve capacity gains at the treatment plan, which have been, as we know now, very instrumental in keeping us within our flow requirement under our 1999 permit. Just to give you an example, we were within roughly 100,000 gallons of our flow limit this year and I just wanted to mention -- and I will mention it again when we get to recognizing Tom and his group, that the collection system through an aggressive INI program we are able to achieve about 400,000 gallons worth of capacity gains at the treatment plant over this last year. So that in and of itself has allowed us to stay within permit. So that's very important. We have improved our maintenance work plans as well in trying to -- along with our Hansen asset system improve preventative maintenance scheduling and limit corrective maintenance by doing that. We have also enhanced our plan security at the wastewater division with card readers and also some additional fencing and developed O and M manuals that help us, essentially, develop a comprehensive wastewater plant operations and maintenance program, which is available online and in print for our operators and those maintenance personnel taking care of the plant and we have completed a microthrix study -- microthrix is a biological organism which is causing us some trouble, some of you may be aware, with regard to settling at the treatment plant and we have out of that study been able to identify some improvements to the plant that we will actually undertake over this next year. So, the statistics, just to keep you fresh on what we are doing, the number of water quality compliance violations this year were zero. We successfully treated at the wastewater plant almost two billion gallons of water. We sampled -- or essentially sampled about 12,500 or so lab samples and we cleaned about 151 miles of sewer and televised 78 miles and, then, we completed about 12,000 work orders this year. We have been busy. In water there is a number of improvements we have incorporated. In this particular one, SOTO, which stands for Shut Off Turn On, is a database that was developed with water division staff and Mike Tanner in the IT department, which we are very pleased to have his assistance. This is Meridian City Council Workshop October 11, 2011 Page 9 of 30 a method by which we can easily track, turn off and turn on and improve overall updates and dispatches for the shut off turn on process in our water division, which happens twice a month. You're familiar with the back flow prevention improvements we have made this year. I won't go into them in detail. But I will say that the program that the City Council authorized us to implement is working. We have paid 41,400 dollars for the removal of 138 dual assemblies and we are very pleased with that and, essentially, the ten dollar rebate is working wonders in getting people incentivized to test and do their back flow prevention testing. So, that's been working pretty well in addition. We have also as part of our asset management inventory program improvement developed two warehouses, one of them at water and one of them at wastewater and these are in process, so we are improving sort of the -- the handling, the storage, the inventorying and the furnishing of the various items that are used, like valves and pipes and other sorts of fixtures and things, so that we have better accountability both of the inventory, as well as the financials associated with the inventory. In water I mentioned earlier we are using now the Hansen system. It's been kind of a growing -- a learning curve for the folks in water and they have risen to the challenge I'm pleased to report and we are seeing improvements already with the limited use of Hansen integration there and we are going to continue to see that as we move forward. We have also completed an AMR or AMI study. AMR is automatic meter reading. Mr. Dees is my Vanna White at the moment, so he will pass around a number of -- in any event, the city initiated a study which identifies of the 27,000 accounts that, essentially, would be a 15 year pay back for us to go from radio read, which is what we currently do where you drive around in a vehicle and it pulls the metering information into the vehicle, to what we call, essentially, an AMI or advanced metering infrastructure technology and this is what Idaho Power is, essentially, using right now, which is where they do not have to send anybody out to get information from the meters, they can actually pull it remotely and they can also turn on and turn off meters remotely as well, so that would help save and gain some efficiencies there and I think probably more importantly it would allow an opportunity for the customers to actually test their own water lines in their house to see of there are any leaks, which some of you who have worked with the board of appraisers know that's been a frustration by many of us and it's been an unfortunate circumstance for many of our customers who don't realize they have a leak and, then, a hundred thousand gallons of water later they figure out they have a leak, but yet they are still responsible for payment. So, these new metering devices would allow for that kind of technology and also prevent back flow prevention by shutting the valve off, when there is a back pressure detected in the line. So, we are going to bring that back to you here in the future and talk with you about maybe moving towards the AMI program, because we think there is great benefits there. In water we are incorporating chlorine analyzers at many of our wells, because we know that there is fluctuations in chlorine demand and that has a lot to do with what's going on in the water, how much water we are pumping, how frequently it's used, and we know that there is a relationship between chlorine and the precipitation of iron and manganese in our lines, so we want to keep the chlorine residual low, but we don't want to fall under standard or specs. So, the introduction of these chlorine analyzers have been helpful for us in allowing automatic chlorine adjustments at the well head. We have also included security upgrades in the water division as well. The water administration building has also key cards that allow for Meridian City Council Workshop October 11, 2011 Page 10 of 30 entry and exit and it's very similar to the City Hall system. Our valve exercising program has really taken off this year and we have seen enormous improvements in scheduled valve turning. We want to make sure that when we have a situation we don't go into the field and have valves that we can't turn, because they haven't been exercised for some time and they are rusted shut. That creates an enormous disruption and problem when we can't shut or -- shut off or turn on a valve during some sort of emergency or break type of situation. So, this has been a very good program for us. One of the things we are also proud of is the improvement of our CCR and this is the Consumer Confidence Report. You may recall just a few years back our Consumer Confidence Report was a two page type intensive document that, essentially, met the minimum standards for the federal government for the Safe Drinking Water Act and now the documents looks like a very professional interactive magazine type format, which allows us to get a lot more information out to the community and also satisfy the federal requirements. So, we are very pleased and I think we are going to probably submit this for an award over this next coming year, because it is a major improvement for the way we communicate and share information about the drinking water that the citizens of Meridian utilize each and every day. Our statistics for water, again, zero water quality compliance violations. We are proud of that. We produced and distributed almost three billion gallons of water this year and we took about 3,500 samples and the rest of the statistics are there as well. A couple things to point out. The meter change outs were about 742 so far this year and the MXU conversions to radio read were about 2,200. In engineering we are up to a lot of great and exciting things. One of the things we are doing is designing and installing a city wide confined space training facility. We have been working with staff from the fire department on this facility to design a very small confined space entry training facility at the wastewater treatment plant. This would allow both fire personnel, as well as wastewater personnel and any other personnel who need to enter confined spaces, to train in an environment which is much like a classroom. It will be plexiglassed in so people can actually see what's going on inside the confined space and actually be utilized that way. We do about 250 to 300 confined space entries each year. They are very dangerous and it's important to make sure people are trained on that. And the fire department, there is a number of confined space entries as well, so we feel that sharing this facility -- and, actually, the incorporation of this facility's design characteristics are such that fire trucks and other large vehicles can pull up to the facility and actually have access to that. So, we appreciate working with the fire department personnel on that. In engineering we have also lowered our carry forward -- carry forward amounts. As a matter of fact, we estimate about 49.6 percent reduction for this year and this has been attributed to better project scheduling, incorporation of better estimating and starting projects earlier. Our engineering group has really stepped up and -- as a matter of fact, the entire engineering group is going to be going through some project management training later this fall to continue the efforts on this particular front, which we are excited about. Our performance rates in completing capital projects has increased about ten percent also for the year over last year. Here is something I spoke to you kind offline about and the term of the day is tubercles and if you look at the picture on the left, tubercles are the precipitated material that's on the inside of that particular pipe that Mr. Dees is showing you. That's iron and manganese at its best and it's precipitated out. Meridian City Council Workshop October 11, 2011 Page 11 of 30 Okay. And so we are going to just move on. I'll pretend I didn't hear that for the second time. Spelling is not my thing. Zaremba: P-u-m-p-s. Barry: There you go. Thank you, Mr. Zaremba. So, I just wanted to show you -- that's what we are fixing when we talk about rehabilitating or replacing water lines. That's a water line. That's a line here on the left of your screen there. That fire hydrant is in sort of Old Town here. It's turned on full speed, it's about 200 gallons per minute of flow. We like to have about 1,000 gallons per minute flowing at about 20 psi for an hour and that helps certainly our fire department in fire suppression. What happens when we replace these lines and upgrade is the picture to the right. That's the same fire hydrant, just moved back as part of our construction project. Now you can see the kind of fire protection we are after when we talk about replacement of these types of lines. Here you're looking down the guts of, essentially, Well 16 at about 500 feet of depth. The picture on the left is before rehabilitation and the picture on the right is after rehabilitation. We rehabilitated three wells last year. Wells 20-B, 19 and 16. And, essentially, rehabilitation depends on what we find when we actually enter the casing and in this case we have some cleaning going on, sometimes there is some casing repair or maybe some additional sealing or pump or motor repairs, those kinds of things. This allows us to keep the system optimal and helps prevent water loss through inefficiencies. We also constructed two brand new wells that produced about -- well, two wells are a testing slash monitoring well and also the production well known as Well 10-B. You may be familiar that Well 10 in its original form was a uranium contaminated well. We shut that well down and looked for alternatives with regard to how we could tap into a different aquifer. So, we drilled some test -- we drilled a test well and identified the various aquifers and sampled the geochemistry and determined which well -- or which aquifer, rather, would be the best to draw from and, then, we built the production well on the same site, saving us, of course, land costs and allowed us to use some other sorts of things that were incorporated on that site as well. We also constructed new sewer and water mains. I mentioned this. We added about 2,800 feet of sewer mains and about a half. a mile of water mains throughout the city. The sewer main project that's most notable is what's called the Victory gap. This took a couple of requirements from our developing community to build off site lift stations or off peak lift stations. By incorporating this particular sewer connection along the Victory Road gap we were able to eliminate those and, actually, the money that was shared by those developers we found a way to share that jointly and proportionately with all of those developers to help finance the Victory gap of sewer improvement and, then, allow us to not have to require them to put in the lift stations, which eventually, as you know, get turned over to the city or become problematic for us. So, we are really pleased with that. I mentioned that we installed a number of miles of reuse line, about three and a half miles of reuse line and we also did our booster station and tank project, so I won't dwell on that. We completed our five year forecast and I think what's important about this particular five year update is the incorporation of a project scoring and ranking section. We are really pleased with that. This helps us to identify specifically and prioritize the various projects that are important in the department and make sure that Meridian City Council Workshop October 11, 2011 Page 12 of 30 we finance those that are the most important. We have updated several plans -- or several infrastructure plans and master plans and we are wrapping up a couple others as well. Our reclaimed water master plan we are wrapping up. We have also established models as well for both the sewer system and we have had some for water for some time, but this important work that we continue, because the better prepared we are through planning the more able we are to respond to the demands of the future. In our environmental work group there was a focus on sustainability and we are really pleased to have worked with the planning department and planning staff to incorporate a new chapter of the Comprehensive Plan on sustainability. That's been -- that's been tremendous. We are highlighted in this year's summer edition of the Pacific Northwest Clean Water Association journal for our commitments to sustainability, which is the picture on the right there. Also we have improved our pretreatment submittal packages and rewrote our pretreatment design standards to make them more understandable and more easily incorporate those standards into the development process, so there was no guess work, essentially, in trying to establish what kind of pretreatment standards might be required on various sorts of projects coming through. We have also made enhancements to our surface water protection program. We are not done. We are actually a long way from completing the work in this area. But I just wanted to inform you that we are planning soon to apply for the National Flood Insurance Community rating system or FEMA's community rating system to become members of and we hope to be unclassified members, which will contribute to reductions in flood insurance premiums for all of those homeowners and commercial facilities and whatnot that live along or reside or work along the floodway. We are also working with DEQ in our environmental work group to focus on TMDL developments for some of our local creeks. We figured that if we are at the table and we are having good spirited conversations about those sorts of challenges in our community, we are better prepared for what may or may not happen in our community and also help us stand ready to provide additional information on -- per DEQ on what may happen with regard to the TMDL program, which I think you all know that stands for total maximum daily load. It's the maximum allowable pollutants that can be -- that can enter a water body. In environmental also a commitment to community education outreach we have talked about, so I won't focus on that. And business operations. We completed a number of City Hall building repairs. You're familiar with that, so I won't go into that in any detail. But from a business operation standpoint we have also really focused on training up managers on base budget processes, expense management, completing transactions and those kinds of things and this is where we are starting to see some of our improvements as we empower more of our budget stewards throughout the department and decentralize the budget management process from one or two people at the very top of the organization and empower those at all levels of the organization to the highest degree we can. We also upgraded the rate model. You all know that last year we were fortunate enough to not have to have a rate increase. We are going to start that work here probably December or January again and, hopefully, have an update for you maybe March or April of next year. We coordinated a 17 percent reduction in our operating expenses, as you know in our budget for last year, which we are proud of and we have been tracking our financial accountability and also our operational accountability by having monthly operational meetings with the senior leadership team, Meridian City Council Workshop October 11, 2011 Page 13 of 30 so that we provide information about what it is we are doing and use that data that we have been tracking to help them ask the right questions and provide the kinds of answers we need to help guide the movement of our organization to excellence. We have also assisted -- this operations, that is assisted in the development of the citywide GIS project plan and also the governance structure. We took a lead role in that for a short period. We can't take anymore credit than that, because it's the work of the IT staff who did a fantastic job and also planning staff and others, but we -- and certainly our GIS staff in Public Works were instrumental in contributing to that as well. So, we are very pleased. And, then, we lead a number of process improvement initiatives throughout the organization, many of which I have shared with you and we will include also in the annual report for the city here coming up in the not too distant future. We have been recognized through awards and other recognition. I wanted to pause and take a moment on this really quickly. We got an energy efficiency award from Idaho Power, which included a 1,500 dollar check for our improvements to the energy -- for energy system improvements and efficiency improvements for City Hall, which we are really pleased about. This was awarded in April of this year. We also received an Association of Idaho Cities award for Public Works Week. This is the event we talked about earlier. That was pretty exciting for us. I remember some of my colleagues in Public Works around the valley sort of looked at me funny at first when I said, yeah, we are going to celebrate public works and try to get with the community and tell them what we do and how fun it is and all that stuff and some of them cocked their heads and said what do you mean fun, what do you mean talk with the community. So, this was really kind of exciting for us and I think it demonstrated some the values that we have in our department and certainly the values that AIC places as well on community involvement. We also received another AIC award we are really pleased about. This one we shared with the Parks Department and I do want to thank Steve Siddoway and his staff for their vision and inclusion of Public Works into the planning and development in part of Heroes Park. So, the reclaimed water facility, which provides water to the toilets, also irrigation, the water feature, all of that, couldn't be accommodated without the commitment of Steve Siddoway and his staff to demonstrating the uses of reclaimed water to our community at Heroes Park. A couple of awards that are awards for staff. You know this because you presented also this to our staff as well, but I want to recognize Tommy Lee who took on -- he's been working for us since 2002 and in 2009 became a manager and really is instrumental in pushing the improvements that I mentioned to you earlier about improving capacity at the wastewater treatment plant. So, I want to applaud this effort and also the efforts of Crystal Green at our wastewater treatment plant. She's a lab analyst. Both of them were recognized for collection system operator of the year and also lab analyst of the year from SWIOS, which is the Southwest Idaho Operators Section of the Pacific Northwest Clean Water Association. A lot to say there. But we recognize both of them and their contributions in helping us to move closer and closer to the achievement of our overall mission and vision as a department and supporting that of the City Council's vision and mission as well. We are going into some performance statistics here and to mix it up a little bit, because I know you guys get tired of hearing from me, I'm going to ask Rich Dees, our deputy director, to go ahead and discuss the department performance information and, then, after that we will have just a couple minutes for questions. Thank you. Meridian City Council Workshop October 11, 2011 Page 14 of 30 Dees: Madam Mayor, Members of the Council, thank you very much for having us today. We enjoy bringing you this information, because we are proud of it and we hope you are proud of us as well. We get to tell you about what we did. These are department benchmarks. Now, you have seen this benchmark slide system in 2009. We showed you a rocket ship dash board just like this and so now you are going to see the differences we made and the progress we have made since 2009. Indeed, in this one here where we are talking about the cost of service, we have improved a bit in water and both -- and in wastewater. We are just about the same in wastewater I should say. We are still in the yellow in wastewater as far as cost of service is concerned, but not very much -- not very much different. In the operating ratios we improved quite a bit. The operating ratios for water and wastewater have come into the green area and we are very proud about that. If you look at the revenues versus expenses, they are about -- they also are improved. The revenues versus expenses in water is much improved. It's now in the -- in the mid range area, where before it was clearly in the red and in the revenues and expenses for wastewater it was slammed all the way over to the right-hand side of the dial and now it's in the green area. So, we are again proud about that part. The next issue we discussed was -- or we will discuss is the affordability index. How affordable is our services and you can see we are well into the green region right now. We were in the green region last time we showed this to you and we just didn't move very much. So, we are still a very affordable utility for both water and wastewater. The reinvestment -- annual reinvestments, it shows us both in the red. This is one we worked on kind of hard. We were very much in the red last time we showed this to you. We were off the charts almost in both of those dials. But now we are -- we are coming into the green zone. It will take another number of years to get that to where it needs to be. You can also see on this slide -- there it is -- the fund balance -- the ending fund balances. We are in really good shape with our ending fund balances. However, we are going to talk about ending fund balances in the months to come, especially as it concerns what's happening to us with regard to our permit and also for our construction that we are going to have to do here in the near future. These are our -- this is our benchmarking medley, if you will. These are the slides that we show and, Madam Mayor, I know you have seen these before, so we will go through them rather quickly. The first one is the cost of treatment per million gallons. You can see that we are better than the national average. The green light on the bottom is the -- is the best in the nation as far as cost of treatment and we are trending down toward that right now. We should -- we should at least meet the best in the nation here in the not too distant future? The ups and downs are caused because we make purchases throughout the year and, then, we use that material we purchased and that's why you see that fluctuation on the dotted line. This is our monthly maximum -- maximum flow in the wastewater treatment plant. This is one that concerns us mightily. We are limited to seven million gallons a day by the EPA and you can see we are getting mighty close to that top mark. So, when a new permit comes we -are hopeful that we will be able to get some relief on that, but, meanwhile, through our efforts of our collection system folks and the other things we are going with reclaimed water, we will keep that below the seven million gallons a day limit we hope. This is the sewer lines cleaned. You bought us a hydro vac a few years back and we are proud to say that we are ahead of the Meridian City Council Workshop October 11, 2011 Page 15 of 30 schedule. We have a -- we have a three year cleaning -- system cleaning program and you can see the yellow lines above the red line. A red line is what we have to do to keep on the -- on the program, so we are ahead of our cleaning schedule. Before when we had the contractor do it we were woefully behind -- way way way behind our cleaning. Now, we are right up on target and we will get through our system every three years with our cleaning truck. CCTV is the same way. We had a contractor doing it for us. They did a great job for us. However, they didn't keep the schedule as we are. We will be right on target with our schedule with the CCTV as we continue to work with that. This is our water division benchmarks. Again, you have seen these before, Madam Mayor. Our cost per million gallons is way below the national average, so we are a bargain utility nationally. The water demand -- this is kind of an interesting slide. It shows you that in the summertime that's when the peak demand goes up. That's when people are irrigating, watering their lawns, doing all that sort of thing. You can see a little bump in the wastewater flows. That little bump causes us the consternation, because we are trying to keep that water out of the wastewater treatment plant the people use for irrigation and that sometimes causes us a little bit of a problem. You can see right there at the end on August this year it's starting to spike up there and so we are keeping an eye on that very, very closely. Valve exercising. You saw the valve exercising truck. Before we had the truck we weren't exercising on a program. Now we have a valve exercising program and we are able to get through our system in pretty smart order. We will -- about every five years or so we will get through the -- I just committed a guy to five years. He's probably passed out behind me. I don't know. We will -- we will get through our system and when we do that that's actually a good thing, because you have heard the horror stories in the newspapers about what happens if the valves don't get exercised, you can't shut water off when you have an emergency. Back flow test. This is one that I have been before you before and you have heard a lot about back flow. The systems working. What we crafted and you approved and with your help and guidance, I might add, is actually working very well. You see that spike in the summer months of the back flows that are tested, we have done some amazing work in back flow and we will continue to do it. You heard Tom give you the statistics here just a little bit ago. These are our challenges. These are the ones -- these are the things that bother us. These are the things that are kind of hanging over our heads and we need to -- we need to pay attention to them, we need to do whatever we can do to help get them fixed. One is microthrix and that little diagram you see in the upper right-hand corner, that's a microthrix under a microscope. It's an ugly little thing and we have got to -- we have got to figure out a way not to have microthrix, because what it does it just robs us of all sorts of abilities to -- to, for one, create reclaimed water. The other thing it does is it makes it more difficult for us to treat wastewater. So, we have got a program now to fix microthrix and you will see some of that when I get to the -- the slides that show about some of our CIP projects. Brown water. I got to show you some brown water. Councilman Rountree is real familiar with brown water -- the other Vanna is now going to show you brown water. Very carefully pass those around. Those are both brown water. That's what iron manganese looks like in the bottom of your -- in the bottom of the jar and if you shake one up like Tom's doing there is the brown water. And it will take about four or five hours and that will settle back out again and the brown water will go away. But that's what we are trying to get rid of and that's what causes Meridian City Council Workshop October 11, 2011 Page 16 of 30 your brown water. So, if you want to smelt that, Councilman Rountree, go -- yeah. You have. De Weerd: When the citizen delivered it to his house. Dees: Yeah. Well, when he pulled his filter out and kind of looked at it, I think that's when it happened. Well head water quality. That's another one we are working on very hard. You heard Tom talk about the reconstruction of 10 and 10-B. That was because we were getting some uranium in some of our wells and we needed to figure out a way not to have that and so Kyle and his folks are working on ways to figure out -- to make it so that our wells are not contaminated with uranium and we have a very robust delivery system. Struvite. There is another problem we have in the -- in the wastewater treatment plant and we have a couple of examples of Struvite. That wonderful rock right there is what we pulled out of a pipe and that's Struvite. It's -- it's ugly and it plugs pipes very, very quickly. It didn't take very long for that to grow inside the pipe. Now, if you want to see what it looks like as it's growing, here is a piece of elbow, here is a piece of elbow that the Struvite is just now starting to -- to grow inside the pipe. That didn't take very long to happen and we spotted it, changed the elbow out and did some other things, so Struvite is one of the things we are trying to prevent and we do that by adding a chemical. That's helping him, We are also keeping the bins out of the pipe. That's also helping. Reclaimed water production and distribution. We have talked about reclaimed water and distribution and you see some of our problems and issues with that. We are in the throws right now of talking with a contractor to fix our reclaimed water system, so that it will be able to deliver 24 hours a day, seven days a week pressurized reclaimed water to the -- to the people who want reclaimed water. Facilities and financing. Facilities and financing, you know, one of the things we need to do is upgrade for the future, find out what the permit's going to do to us -- do you want us to get that close -- no. I'm just kidding. You were going to ask a question about it? De Weerd: No. Dees: Oh. I thought there was a question. I'm sorry, Madam Mayor. Well, facilities and financing. One of the things we have to do is keep pace with technology. You heard Tom about AMI versus AMR and that's one of those things that we would like to pursue. Certainly our facilities are going to have to be upgraded when we get our new NPDS permits. That's -- that's going to force us into doing something with our facilities. Financing, that's going to be the big trick. It's going to happen to us in a number of years. Tom is going to remove the rock. Thank you, Mr. Vanua. Financial -- and operational execution. One of the things that we have been working very hard with -- and John McCormick has been helping us with that -- is spending our budget. Years ago we budgeted a whole lot of money and didn't spend it, because we couldn't. Well, now the budgets are moving down and down and down and you will notice this year our operational execution rates are going to be way better than they were three years ago and we are working very hard to make that happen, so that we spend what you give us and we spend it on the right things. So, operational execution is a big deal for us. Specification creation is a problem for us. We must learn how to specify our stuff, so Meridian City Council Workshop October 11, 2011 Page 17 of 30 that we get what we want, number one. And, number two, we can tell if we got it or not. And so those are the two things we are working very hard with. Depreciation financing, the finance folks know that we are working on that. One of the things we have to do is as our equipment ages we have got to figure out a way to pay for the replacements of that. We are fortunate right now, because most of the stuff -- especially at the treatment plant is new, so it hasn't reached its useful life. But there is going to come a day when we area going to have to use our depreciation financing to pay for the replacement of the stuff that's being worn out. And certainly our NPDS permit is one issue that you know about, it's coming, and we are strategically planning to address that with the regulators. These are the fiscal year '12 construction projects and these are just -- these are the major ones right now. You know about the reservoir. We want to relocate a new reservoir so we can provide fire flow and demand peaking -- address demand peaking issues. You also know about reconstruction of our wells. We showed you a picture of one of the wells we are reconstructing and rehabilitating. We want to upgrade our SCADA system. Our SCADA system has some real major flaws to it, especially in communications. We can't communicate appropriately with radio to all of our SCADA sites, our lift stations and our well sites, so we have got to have a -- develop a program that fixes that and, in fact, we do. We are working with a contractor right now to fix that -- those issues. We need to continuously replace water and sewer line. They have a life, they will age, and our system is going to grow older and older and older. We are fortunate now we have got a lot of new line in place, but sooner or later we are going to have to replace this, so we need to make sure we have a robust replacement program. We want to add fermentation to the wastewater plant. One of the things that fermentation will do for us -- a fermenter -- no, we are not making illegal booze on the plant. No. No. No. No. It has to do with the phosphorus and nitrogen removal. The organisms that reduce phosphorus and nitrogen, like the food sources so they can metabolize appropriately in the fermenters given that food source, so they can direct them to do that, we could lower our nitrogen and phosphorus rates and it will help us reach our permit levels and also help us to continue to process wastewater appropriately. Odor control is an issue for us, so we have added odor control this -- this year. We are doing astudy -- in fact, we are doing a design on the odor control system. If you live in the neighborhoods around our treatment plant you will appreciate that. We don't want to make the neighborhood any worse than it is right now, so we want to add odor control to our treatment plant. You see it says relocate RAS line. That's return activated sludge. That's one of the projects that's going to help us in microthrix, moving that line and doing some things on the head in and the tail end of that line will help us get rid of the microthrix issues. And, finally, we want to continue to rehabilitate sewer and water lines as they continue to age. Our strategic focus. Do you remember some time ago we presented to you a strategic plan. We have been pecking away at that plan and we want to report to you that we have been -- made a lot of successes. We have done a lot of great things with that. First of all, accreditation. We haven't moved as fast as we wanted to with that, because there has been a lot of issues with it. It's hard. It's a difficult thing. We would like to enlist, though, not only you folks, but the entire city when we get ready to really do that in earnest and it's going to take a concerted effort to make that happen. We also are looking at other -- other programs to help us do management oversight and understand how we manage in a utility Meridian City Council Workshop October 11, 2011 Page 18 of 30 environment. Things like the Baldrich award, you have heard of that. So, we are looking at all the elements of those two awards -- those two programs to try to -- try to help us craft the correct way to -- to make our utilities work better. You know about COOP. Chief Niemeyer has told you about COOP and the Continuity of Operations Plan. We are working to develop -- we are working to develop that and our emergency plan. We will be working in concert with the fire department when they bring the contractor on, so we could have some robust plans not only for all the Public Works, but for the entire city. Benchmarking. We have made some in roads -- tremendous in roads in benchmarking, particularly in water and wastewater, now we want to expand that to the rest of the department, so that you can see how we are doing, the citizens can get their -- find out if they are getting their money's worth in what we are doing. Certainly we have developed a five year CIP and that's been real successful. The engineering department worked very hard on developing that CIP. We didn't have one before and Warren Stewart and his folks put that together and it's been very, very beneficial to us. We have made a -- developed a lot of master plans, which was called for in our strategic plan. We have got one now for just about everything we do and those master plans are something we will follow to try to get to where we need to go. NPDS strategy. We are meeting now every couple of weeks -- yeah. Every couple of weeks now to try to figure out what we do with the EPA when we get our first draft permit, which we expect maybe as early as 2012. As you know -- I'm sorry, it wasn't a joke. De Weerd: All you can do is laugh. Dees: All you can do is laugh. Boise has their pre-draft permit and probably the next few weeks you will see them get their comment period opened up on their permit. So, progress is being made on EPA, it just takes time. The asset management program, that's the Hansen program, we said we were going to just start that. We did that and now as you know we are promulgating it through water, as well as wastewater and it's working very well. Security is a big deal for us. We had almost no security at the treatment plant and now we do, we are using the card readers to access control and we have changed the access control at water so it's the same as here at City Hall. We have done a bunch of water quality enhancements. One of the things, as you saw, we are adding chlorine analyzers. That will help us pace the chlorine according to flow automatically, so we don't have people run out to the wells and adjust it every time the flow changes or the season changes. Now it's done for us by a machine. And certainly you have heard us talk about the SCADA and the communication improvements, because that's truly a big deal. We have got to talk to our systems out there. What's in the future for our strategic focus? Well, there is our strategic plan. These are the highlights. First of all, we want to make our financial systems more robust. Those financial systems have to be able to support what's going to happen to us now and in the future very, very quickly. We also want to improve our contract management system. We want to try to make a contract management system that's complete in- house, one stop shop, inside of Public Works, so that we have a group who is reviewing our contracts to make sure we get what we want and the contractors understand that they have to deliver what we ask for. We are developing a comprehensive surface Meridian City Council Workshop October 11, 2011 Page 19 of 30 water protection program. Mollie and her folks are working on that very, very hard and we are proud of their efforts. Their efforts will continue to provide results now and into the future. Certainly we want to do some succession planning. I'm getting old. I got to tell you. And so are all these guys over here. I mean look at Pete. Oh, no. Don't look at Pete. Anyway, we wanted to institute some succession planning -- sorry, Pete. I -- Friedman: I'm getting older as you're talking. Dees: Yeah. We want to institute some succession planning to find out who is going to do next -- come up inside of Public Works. Maybe some of the people behind me here will take care of that and I mentioned we want to incorporate performance measures department wide. That's an activity we are engaged in right now. We want to improve our capital construction inspection process, to make sure that the -- when we have something built it gets built right and we have got a pretty robust inspection team right now. We just hired Joe Meusch and he and his folks are out there being very active in the community and we appreciate that. And we want to increase the street lighting within the city limits to the extent possible, so that our citizens will feel safe and certainly we want to look at different ways to get rid of chlorine in our drinking water. I asked Warren Stewart today -- I said how are we going to do that and he says, you know what, we got to find out. There might be a way to take chlorine right out of the system and still achieve the necessary reduction in bacteria and that sort of thing and keep our lines clean. So, that's an investigation we'd like to initiate. We are moving the cheese. You have seen the book and maybe you have read the book. It's kind of -- it's kind of an interesting book. Those -- those things you see listed are -- are the different things that we would like to emphasize, as well as what we have in our strategic plan. Certainly customer focus. Now, we are part of the customer focus group that, Madam Mayor, you started and that's proving results. We are getting some things out of that right now. We want to increase that. For one thing, we are going to initiate a customer call system inside of Hansen, so whenever a customer calls we record it and track it, cradle to grave, to find out what happened, who did what to who and what the customer really got. So, we are going to get personal with our customers. So, customer focus is a big deal for us. You heard us talk about AMR and AMI. Those two issues are coming to the fore now more and more and more and as we get deeper into the SCADA development we find that we can almost integrate these two, so we will have some integrated systems that will do some pretty amazing things. You see about -- you see our NPDS permit is still there. That's one of those things we have got to figure out how to do, we have got to get creative with the EPA, if that's possible, and certainly our regulators will appreciate that I'm sure. Then there is the reuse expansion. We have to expand reuse in a smart way. There is lots of ways we can go on reuse, but we want to do it the correct way, so we are going to take a breath, we are going to find out what the right way to expand our reuse system is and see where we need to go with this next. The next thing you see on the list is the equipment replacement. I mentioned that our things are going to get old, so when they do get old we got to find a way to finance that, replace it, and move on. Sometimes you want to upgrade it, we have to find out how to do that as well. That's where the money comes in and that's where we are going to need your help, quite frankly. Process development. One of the things we found is Meridian City Council Workshop October 11, 2011 Page 20 of 30 through our processes whenever we start to do something, we -- we begin with an opportunity that we identify and, then, we go right to the delivery. We forget about all the intermediate steps and there is about five of them. So, one of the things we are consciously doing inside Public Works is going through those steps, so that we know what the heck we are trying to do when we develop a process. You see I have ILS and the ileitis immigration. What in the wide world is that? Integrative logistic support and the ileitis. Integrated logistic support is the discipline that helps us maintain things properly and also it helps us to create specifications properly. The ileitis -- you know what they are. Affordability, reliability, maintainability, reliability. So, those are the ilities and we are going to start concentrating on those, so that we bring a robust maintenance system, as well as a way to set specifications to get what we want in some of our things. The three C's. John loves this and I love it, too, John. Where are you at? You're out there. So, John smiles. Yeah. It's collaboration, communication and coordination. Those are the three things that you have to add every time you do something. If you don't do one of those things, guess what, you miss an opportunity and you're liable to fall on your face. So, one of the things we will emphasize in our groups are the three C's. And, then, there is another thing called Lean. Lean is a process that eliminates waste. Perhaps you have heard of Lean. Some companies use it, some don't. We are going to incorporate the principles of Lean into our organization. And lastly you see the business fundamentals. We are going to make prudent financial decisions. We are going to make sure our customers have the best service that we can possibly provide. Our operational strategy is going to drive organizational excellence and, finally, we are going to try to do the best we can to get employee satisfaction on everything that we do. Chief Niemeyer, we made it. Mr. Tom. Oh, that's -- that's our water superintendent Dennis and he's up in the tower. De Weerd: Were you the one that was pouring water down the pipe, Dennis? Oh, no. You were standing with us. That was Jamie. Barry: Thank you, Rich. And thank you, Madam Mayor and Council Members. That's our presentation for you this afternoon. We hope that it has been informative, as well as educational and given you a brief insight as to what we have been sort of doing over the last year and what our challenges are in the year to come. We appreciate your continued support in all the things that we do and look forward to tackling those challenges looking forward. At this point in time I will turn the time to you and ask if you have any questions or would like clarification or have any concerns or whatnot regarding what we have been up to and what we also feel are our challenges moving forward. De Weerd: Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council Workshop October 11, 2011 Page 21 of 30 Rountree: Tom, I can't tell where, but toward the end of your presentation you mentioned the 17 percent reduction in operating expenses. Barry: Correct. Rountree: And what does that amount to in dollars and cents? Barry: Dollars? Rountree: Roughly. Barry: It's, I believe, over a million, but -- Mr. McCormick, is that right? Am I -- just over a million. Rountree: And that's department wide or was -- Barry: Department wide. Yeah. Rountree: Okay. Barry: Correct. De Weerd: Now, is that through finding better efficiencies or is that better budget management you're setting the expectations? Barry: It's both, actually, Madam Mayor. And we have been finding efficiencies. To help reduce our need for some of the operational costs we have traditionally relied on in the past and also it's been a more prudent sort of budgeting approach with regard to putting the annual budget together. So, a combination of the two. De Weerd: Well, thank you to each and every one of your staff, because we know that it's not necessarily one person, it's everyone. Barry: Definitely. De Weerd: Any other questions from Council? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I just -- I did have one question. I didn't see it on the awards and recognitions, but I had a great time at your department wide picnic and, then, you had this kick ball tournament and I really want to know who I should recognize for winning the kick ball tournament, because I didn't stay for the whole thing, so -- I only saw one game. So who was that? Meridian City Council Workshop October 11, 2011 Page 22 of 30 Barry: Well, I'm pleased to say that the Public Works finest, who deserved the award, actually did take the award home, much to -- much to the chagrin of our water and wastewater staff. Hoaglun: Madam Mayor, I have to say I was very impressed there. Public Works is a great team, but at the same time they are very proud of their separate divisions and it came out in that kick ball tournament, let me tell you. Which is a good thing. They had a lot of fun and we saw some great and not so great plays, too, on the field. Barry: Yeah. The not so great was probably the water division, but -- well, funny story. Actually, they -- they decided when we were starting the kick ball tournament to bring a white limousine to the field and they rolled a red carpet out and they all sort of piled out of this limo, which was kind of interesting, because we used it as our celebration picture back drop, so it worked really well for us in Public Works, but -- it's good fun and these guys really are great and we have really tried to integrate the department. You know, in the past our department has been sort of three major work groups and over the last several years, through the picnics, through our holiday parties, through the other sorts of things we do as a department, we really are trying to integrate people and creating, really, a Public Works family. That's -- it a cultural change for us and it's taken us some time to get everyone on board with that concept, but I think those who have stepped up and embraced that are all the more happy and enjoy their job more and we are excited to continue in that vein and are very, very excited for our future moving forward. Hoaglun: Thanks, Tom. Barry: Thank you. De Weerd: Well, appreciate the information that you shared. Certainly great accomplishments. Good focus moving forward. Certainly am glad that Rich did the second half. He talks a lot faster than you do and so that means we are ending a little sooner, but thank you, Rich, and thank you, Tom. Mr. Zaremba. Zaremba: Madam Mayor, Ijust -- I just wanted to add the comment that I know much of the work that you do is behind the scenes and much of the infrastructure that you work with is underground or otherwise hidden and -- and you aren't the people that people see all the time and I wanted you to know that I appreciate the work that you're doing, we appreciate the work that you're doing and sometimes it's thankless to be behind the scenes kind of people, but it's important work and some of the central work that makes the City of Meridian function and the citizens happy about this city is the work that you do and I appreciate it, so -- De Weerd: Well -- and you have a lot to be proud of and we are proud of you, too. So, thank you, Tom. Barry: Thank you. I appreciate it. Meridian City Council Workshop October 11, 2011 Page 23 of 30 ~. Planning Department: Removal of Property From Meridian Area of City Impact to poise Area of City Impact De Weerd: Okay. Item 7-B is our Planning Department. I will turn it over to the old guy. Friedman: Rich? Oh. Thank you, Madam Mayor, Members of the Council. De Weerd: Yeah. I'm sure you're thanking me. Rich started it. Friedman: He started it. Two weeks ago I was contacted by the city of Boise and they were contacted by Kim Gibson, who owns some land that is next to the City of Meridian, just south of Fairview between -- and just West of Cloverdale. They have approximately 20 acres -- the area in blue there is currently in the Boise city limits and, then, there is a small piece, which is approximately two and a half acres, which is in Meridian's area of city impact. As you know, the city of Boise is in the process of updating their Comprehensive Plan and Mr. Gibson is desirous of having both the piece that's currently within the Boise city limits included in the Boise comprehensive plan as high density residential and he also wants to include the smaller piece, which in our area of city impact as high density residential also. So, Boise contacted me and said what would the City of Meridian's feeling be about removing that from your area of city impact and I said, well, really that's not my decision, that's going to have to be the Council's decision. I'm here today to ask you for directions on that. That piece is currently designated high density residential on our Comprehensive Plan and so from our perspective it just makes sense to allow Mr. Gibson to develop those pieces together. If the Council were to not have any objections about that piece being removed from our area of city impact, I would communicate that to Boise and, then, I would have Mr. Gibson actually process a Comprehensive Plan amendment through us to remove it from our Comprehensive Plan and our area of city's impact. So, at this point I'm seeking Council direction on potentially your feelings about that. Peter Oliver, who is Mr. Gibson's representative, is also here in the audience. In fact, he's the only one left in the audience, to answer any questions you might have on that. De Weerd: The survivor. Friedman: Yeah. De Weerd: Would you have anything to add? Thank you for joining us. Oliver: Thank you, Madam Mayor, City Council Members. Do you need my address and everything? I reside at 2393 North Angel View Lane in Boise. De Weerd: Peter Oliver? Oliver: Peter Oliver. I'm sorry. Meridian City Council Workshop October 11, 2011 Page 24 of 30 De Weerd: That's all right. Oliver: The main reason that Mr. Gibson would like to pursue having this property connected with his other piece is because the services for this particular piece will be accessed along the back of the Seventh Day Adventist and from a -- again, from a utility standpoint it just makes the most sense, as well is to have it contiguous from a project standpoint. He also owns the piece directly to the west and, you know, wants that to just remain in the City of Meridian. It's also zoned high density, but for ease of development with his main piece he'd like this joined with it. That's really the motivation for it. De Weerd; Thank you, Peter. Any questions from Council? Hoaglun: Madam Mayor, you answered one of my questions. So he does own that whole parcel? Peter, what about to the north here? Is that just -- is that part of his property that's going to be a separate development of that little -- Oliver: Next to Walmart? Hoaglun: Yes. Oliver: Well, that's -- I'm sure you're familiar with Cloverdale Funeral Home. The Gibson family. So, he -- he sold off those businesses and they -- they retained the southern portion there that's undeveloped, if you will. Hoaglun: Okay. Oliver: Can you use development with the cemetery? Anyway, it's undeveloped and that's for expansion. Hoaglun: Okay. Thank you. De Weerd: Expansion of the cemetery. Oliver: Yes. De Weerd: Okay. Any other questions? Thank you. Oliver: Thanks. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Pete, what's the zoning on the sub that's currently there? Meridian City Council Workshop October 11, 2011 Page 25 of 30 Friedman: In the city of Boise? In the blue? Rountree: Yes. Friedman: That is currently designated A-1 in the city of Boise and I think what Mr. Gibson is requesting as part of their Comprehensive Plan update is that it be designated high density residential, so that they can, then, proceed at some point in the future to develop -- apply for rezone and develop consistent with their Comprehensive Plan, if fact, it is adopted as such. Rountree: And, then, what's the zoning for the existing developed subdivision that appears to be in Meridian? Friedman: I believe that's probably R-4, R-8. I think the Comp Plan designation down there is medium density residential. De Weerd: And that's built out. Friedman: That subdivision is built out and, then, of course, have the vacant property that's in our area of city impact that's currently designated high density residential I believe to create a buffer between the -- the retail uses and the commercial uses to the north. De Weerd: I guess, Pete, I don't know what the direction of Council is, but if there is no problem on their end, I would like to preface that they work with the homeowners association, if there is one, to make sure that they are properly notified of -- of the process and that they have at least that opportunity to be involved. Friedman: I would pass that on. Conversely, if it's the sentiment of the Council to have Mr. Gibson proceed, he will have to come through us and he will have to hold a neighborhood meeting for -- essentially it's the removal, but, again, we will have a public process from our end also. De Weerd: Thank you. Mr. Zaremba. Zaremba: Madam Mayor, I'm willing to venture an opinion that it's my recollection -- and I probably was still on the Planning and Zoning Commission at the time, but there are some properties a little bit south of here that ran into the same issue where an owner was split between the two areas and I believe we gave up those small areas and it worked out for the developer pretty well. I know there was some other areas farther north where we actually traded some property -- some that made more sense to be in Boise and some that Boise had that made more sense in Meridian and that worked very well as well. But my recollection is that the couple of properties that were a little bit farther south of this one (think -- at least the Planning and Zoning Commission recommended to go ahead and let them combine them and be in one jurisdiction. But I'm in favor of that. Meridian City Council Workshop October 11, 2011 Page 26 of 30 De Weerd: Mr. Hoaglun. Hoaglun: Yeah. Madam Mayor, I think it's a legitimate request. Whether the full Council approves of that or not remains to be seen, but it makes sense to consider that and make it part of the whole process for the city of Boise in looking at one development and I can understand his need for that. Rountree: Madam Mayor, I concur. It looks to me that it would be the right thing to do in order to deliver the services off of Cloverdale. So, I would have the same concerns as you, to make sure that the existing neighborhood is well notified and I would think that as that parcel develops that there would be access through it over to Cloverdale and that would also provide some relief for that existing neighborhood in terms of access to Cloverdale. De Weerd: So, this would just be placed as a future agenda item? Friedman: Madam Mayor, Members of the Council, what I would do is I could draft a letter for future -- for Council review at the next City Council meeting and get your approval on that letter before we send it off. I could draft it also for the Mayor's signature, whatever you -- whatever is your pleasure. Rountree: Madam Mayor, I'm comfortable if it's for your signature. You have a sense of how we feel, so -- Zaremba: Madam Mayor, likewise. I'm guessing that the end result is that we are also going to have to get Ada County's approval of it at some point. Probably the end of the process. Friedman: That's -- yes. That's well at the end of the process, Council Member Zaremba. I think we will need to get through the Boise process first, then, the Meridian process. Our thought is that if, in fact, Boise wants, once Council's sentiment that you're in agreement with the request, then, when Mr. Gibson comes back and processes the Comprehensive Plan amendment through the city what we would do is we would hold that in abeyance until we finish like south Meridian and, then, go into a full renegotiation on all our map changes with Ada County. De Weerd: Okay. So, you don't need any official -- it's not appropriate to have any official motion at this point. It will come back in terms of a public hearing? Friedman: That's correct. De Weerd: Okay. Friedman: But I will prepare a letter for Madam Mayor's signature. Meridian City Council Workshop October 11, 2011 Page 27 of 30 De Weerd: Very good. Friedman: Thank you. C. Clerk's Office: Approval of Owner Transfer for B/W/L License from Toowoomba LLC to White Water Saloon II LLC Located at 1646 N. Meridian Rd. Moved to Item 50 on Consent Agenda De Weerd: Okay. Thank you. Item 7-C was requested to be moved to the Consent Agenda and his already been acted on. D. Legal Department: Notice and Grievance Procedure under The Americans with Disabilities Act and Section 504 of the Rehabilitation Act De Weerd: So, we will move to 7-D and turn this over to Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. What you have in your packet is a proposed policy and resolution -- well, proposed policy that we will bring back to your agenda next week. Under the Americans With Disabilities Act we are required to have a process for people to request access for various things, whether it's access to facilities, access to programs, access for applications or whatever. We -- we actually have this policy that was put in place in 2004, but it was never published. So, we did it right and we have been doing it right since 2004, but we didn't tell anybody we had this available to them, so although it's been in practice we really need to publish it and, of course, the 2004 version that was passed by the Council by resolution is out of date. So, what you have in front of you now is an updated policy that we can, then, bring forward with a resolution next Tuesday for passage and approval, then, the next step would, then, be to publish it, whether it be on our website, part of our policy manual as well. Those are probably my two recommendations of where we would put that, so that people could be aware that it exists. But, anyway, it's a housekeeping matter in a sense, because it is -- it is a requirement that we have to have and, like I said, we have actually passed it and we have actually been doing it, but we haven't made anybody aware of it, so it was just a clean up for that purpose. De Weerd: Council, any questions? Rountree: I have none. De Weerd: Okay. Nary: So, Madam Mayor, Members of the Council, we will bring it on your agenda next week for approval. Item 8: Ordinances Meridian City Council Workshop October 11, 2011 Page 28 of 30 A. ®rdinance No. 11®1497: An ®rdinance (AZ 09-001 Goff) for the Annexation of a Parcel of Land Located in the SE 1/4 of Section 11, Township 3 North, Range 1 Vilest, Boise Meridian, Ada County, Idaho De Weerd: Thank you, Mr. Nary. Okay. Item 8-A is Ordinance 11-1497. Madam Clerk, will you, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 11-1497, an ordinance AZ 09-001, Goff, for annexation of a parcel of land located in the southeast one quarter of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from R-8 to C-N, Neighborhood Commercial District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: Thank you. Well, we have heard this read by title and there is no one who is even in the audience who would like to entertain it being read in its entirety, so I would accept a motion at this time. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve ordinance 11-1497 with suspension of rules. Zaremba: 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: THREE AYES. ONE ABSENT. Item 9: Future Meeting Topics De Weerd: Item 9 is future meeting topics. Council, any topics to bring up for future agendas? Okay. I would entertain a motion, then, at this time to adjourn. Meridian City Council Workshop October 11, 2011 Page 29 of 30 Hoaglun: I moveweadjourn. Rountree: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. MEETINGADJOURNED AT4:30 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) A^',,~ DATE APPROVED ~1-W ~ ~ .r`.ail S r1.0 /~ GtY of ~~ j' . HOLMAN, CITY CLERK n~~~ ~ ~~ ~~tfr~ ~~~~~ ~ ?RFA~S~ :~,, ri i n ity until a ®n T :October 11, 2011 A J 1" lJ ITEM TITLE: Proclamation for Cyber Security Awareness Month MEETING NOTES c/~ ~' i%5~l/ CLERKS ®FF~CE FINAL ACT,®~ DATE: IE_MSTAFFTOI AGENCY I APPLICANT I NOTES I INITIALS ri i n ®ty unil T :October 11, 2011 IT lJ 5,~ J 1' ITEM TITLE: ~4pprove Minutes of September 6, 2011 City Council Pre Council Meeting MEETING NOTES 9~~,~' CLERKS OFFICE F1111AL ACTION DATE: (E-MSTAFF TOI AGENCOY ( APPLICANT ( NOTES ( INITIALS ri i n ity until fin T :October 11, 2011 11" 5 J T ITEM TITLE: Approval of New ~eer/tlVine License Application for Wookie Corporation dba KB's Burritos Located at 3240 E. Louise Dr. Ste 1 10 MEETING NOTES ~yjz~`~ CLERKS OFFICE FINAL ,4CTION DATE: I E-MSTAFF TOI AGENCOY I APPLICANT ( NOTES I INITIALS ri i n it un it tin T o October 11, 2011 I 5 J T lJ ITEM TITLE: Approval of Joint Use Agreement with the Meridian Joint School District for the NW 8th Street Pedestrian Lighting Project MEETING NOTES Hp~,~~ e ~ CLERKS OFFICE FINAL ACTION Mayor Tammy de Weerd City Couneil h9ernberE~ Keith Bird Brad Hoaglun Charles Rountree David Zaremba TO: Mayor Tammy de Weerd Members of the City Council FROM: Tim Curns, Transportation and Utility Coordinator DATE: October 5, 2011 SUBJECT: APPROVAL OF JOINT USE AGREEMENT WITH THE MERIDIAN JOINT SCHOOL DISTRICT FOR THE NW 8t" STREET PEDESTRIAN LIGHTING PROJECT I. RECOMMENDED ACTION A. Move to: 1. Approve the joint use agreement with the Meridian Joint School District for the NW 8t" Street Pedestrian Lighting 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 NW 8t" Street Pedestrian Lighting Project was developed as a CDBG project to enhance safety for school children going to and from the Meridian Middle School. In meeting with School District representatives, an option was identified to improve lighting at one .location along NW 8t" Street by utilizing an already existing light pole owned by the District. This agreement provides for the City to gain access to that pole and mount a luminaire on it that will face NW 8t" Street. The City will also replace the District's existing parking lot fixture with a new, energy efficient fixture 1 of 2 and maintain it in perpetuity. In exchange, the School District will pay the power costs of both new fixtures. IV. IMPACT A. Strategic Impact: This agreement with the Meridian Joint School District allows the City to co- locate street lighting and parking lot lighting, which will reduce project costs. These benefits further the goals of the Public Works Department to increase street lighting in Meridian in a fiscally responsible manner. B. Service/Delivery Impact: This agreement facilitates increased lighting on NW 8tt' Street. C. Fiscal Impact: The fiscal impact of this agreement includes the City's responsibility to maintain one parking lot luminaire for the School District, estimated at a cost of approximately $38 per year. Through this agreement, the City will save approximately $4,000 in initial construction costs and $48 per year in energy costs. V. ALTERNATIVES Council may choose not to approve the agreement; however, this would create a need to add one additional street light installation to the existing construction contract and increase project costs beyond the budgeted amount. VI. TIME C®NSTRAINTS Council's approval will allow the work contemplated in the agreement to be executed with the cui7ent construction contract later this month. VII. LIST OF ATTACHMENTS A. Agreement with the Meridian Joint School District ~' Approved for Council Agenda: Warren Stewart, Engineering l~V a~riager Da$~ 2 of 2 JOINT USE AGREEMENT: NW 8TH STREET PEDESTRIAN LIGHTING This JOINT USE AGREE~~Z~N~',/NW 8TH STREET PEDESTRIAN LIGHTING is made and entered into this ~ day of 11, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Meridian Joint School District no. 2, a school district organized under the laws of the State of Idaho ("District"). WHEREAS, City is undertaking a public works project to install new street lighting facilities along NW 8`h Street, in Meridian, Idaho, including that portion adjacent to Meridian Middle School; and WHEREAS, the Parties seek to work together to utilize an existing District-owned light pole, located on the east side of the Meridian Middle School parking lot ("Pole"), as set forth in Exhibit A, in furtherance of the dual goals of improving lighting of both the Meridian Middle School property and NW 8th Street's roadway and sidewalk; NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreement herein contained, the parties hereto agree as follows. I. City obligations. A. Replace existing West Fixture. City shall remove the existing light fixture on the west side of the Pole and replace it with a new light fixture on the west side of the pole ("West Fixture"). The West Fixture shall be selected by District. City shall bear all costs for materials and labor required to replace the West Fixture. B. Install new East Fixture. City shall install, and shall thereafter maintain, a new light fixture, including a mast arm and luminaire, on the east side of the Pole ("East Fixture"). The East Fixture shall be selected by City. City shall bear all costs for materials and labor required to install the East Fixture. District acknowledges that installation of the East Fixture shall include wiring to the Pole's existing electrical infrastructure. C. Maintenance of fixtures. Upon installation of the West and East Fixtures, City shall assume responsibility for maintenance of both, including replacement and/or repair as needed to ensure functionality of: luminaries, mast arms, fuses, wiring, bulbs, ballasts, or photoelectric cells in or associated with the West or East Fixtures. City shall bear all costs for materials and labor required to maintain the West and East Fixtures. II. District obligations. A. Grant of access. District shall, and hereby does, grant to City unrestricted access to the Pole and the surrounding area, as shown in Exhibit A, for the purposes of replacing the West Fixture, installing the East Fixture, and maintaining same. B. Payment of utility costs. Upon installation of the West and East Fixtures, District shall bear all costs for provision of electricity to the Pole and to the West and East Fixtures. JOINT USE AGREEMENT: NW 8"' STREET LIGHTING PAGE 1 OF 3 C. Maintenance of Pole. Before, during, and following installation of the West and East Fixtures, District shall assume responsibility for maintenance of the Pole, including replacement and/or repair as needed due to damage to or loss of the Pole, or base thereof. III. General provisions. A: Time is of the essence. The Parties acknowledge that commitments made under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. B. Nonappropriation. Notwithstanding anything in this Agreement to the contrary, the Parties' respective obligations under this Agreement shall be subject to and dependent upon appropriations being made by their respective governing boards for such purpose; provided, however, that the authorized representatives hereunder shall use their best efforts to obtain the necessary annual appropriations throughout the term of this Agreement. C. Notice. Notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed via U.S. mail, addressed as follows: City: City of Meridian Attn: Transportation & Utility Coordinator 33 E. Broadway Avenue Meridian, Idaho 83642 District: Meridian Joint School District No. 2 Attn: Supervisor of Operations 2301 E. Lanark Street Meridian, Idaho 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. ID. Term of Agreement. This Agreement shall become effective as of the Effective Date, and shall expire ten (10) years from the Effective Date unless earlier terminated or extended in the manner as set forth in this Agreement. If the parties to this Agreement fail to mutually extend this Agreement, and neither has terminated the Agreement, the term of this Agreement, or such other terms as the parties have agreed upon in writing, shall be renewed automatically for one-year periods thereafter unless terminated by either party in the manner provided in this Agreement. E. Termination. 1. Grounds for termination. Grounds for termination of this Agreement shall include, but shall not be limited to: an act or omission by either party which breaches any term of this Agreement; an act of nature or other unforeseeable event which precludes or makes impossible the performance of the terms of this Agreement by either party; or a change in JOINT USE AGREEMENT: NW 81O STREET LIGHTING PAGE 2 OF 3 circumstances that renders the performance by either party a detriment to the public health, safety, or welfare. 2. Termination process. Either party may terminate this Agreement by providing ninety (90) days advance written notice of intention to terminate. Such written notice shall include a description of the breach or circumstances providing grounds for termination. A ninety (90) day cure period shall commence upon mailing of the notice of intention to terminate. If, upon the expiration of such cure period, cure of the breach or circumstances providing grounds for termination has not occurred, this Agreement may be terminated upon provision of written notice of termination. F. 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. G. Hold Harmless and Indemnity Agreement. All terms and provisions of the Hold Harmless and Indemnity Agreement, executed by the parties on August 22, 2007 and attached hereto as Exhibit B, are incorporated herein by reference as though set forth fully herein. H. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. I. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this /~ ~ day of~c, 2011. OAK DISTRICT: Lin Cl rk, District upen ent JOINT USE AGREEMENT: NW 8"~ STREET LIGHTING PAGE 3 OF 3 ~i ian it until a tin T' o October 11.2011 I1° D J T lJ ITEM TITLE: Approval of Agreement with Ada County Highway District (ACRD) for Construction of the Pine Avenue/Cinder Road Intersection and Nine Mile Creek Pipe Replacement Project _- MEETING NOTES ~ p~u~( CLERKS OFFICE FINAL ACTION Mayor Tammy de Weerd City C®uncil emerfe Keith Bird Brad Hoaglun Charles Rountree David Zaremba TO: Mayor Tammy de Weerd Members of the City Council FROM: Tim Curns, Transportation and Utility Coordinator DATE: October 5, 2011 SUBJECT: APPROVAL OF AGREEMENT WITH ACHD FOR CONSTRUCTION OF THE PINE AVENUE/LINDER ROAD INTERSECTION AND NINE MILE CREEK PIPE REPLACEMENT PROJECT I. RECOMMENDED ACTION A. Move to: 1. Approve the agreement with ACRD for construction of the Pine Avenue/Cinder Road Intersection and Nine Mile Creek Pipe Replacement 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 r~ ound The Ada County Highway District will begin reconstruction of the Pine Avenue/Cinder Road intersection in 2012. As part of the reconstruction, City of Meridian utilities are being adjusted to meet State required clearances and to avoid conflicts with the new Nine Mile Creek pipeline. 1 of 2 IV. IMPACT A, Strategic Impact: This agreement with ACRD 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. FiscalImpact: 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 ACRD 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 begin in early 2012. VII. LIST OF ATTACHMENTS A. Agreement with ACHD °~~ Approved for Council Agenda: _ ~` Warren Stewart, Engineering IV~anager Date 2 of 2 INTERAGENCY AGREEMENT FOR ROADWAY CONSTRUCTION/ POTABLE WATER AND SANITARY SEWER UTILITY IMPROVEMENTS: PINE AVENUE AND LINDER ROAD INTERSECTION AND NINE MILE CREEK PIPE REPLACEMENT ACRD PROJECT N0.306007 THIS INTERAGENCY AGREEMENT FOR ROADWAY CONSTRUCTION/POTABLE WATER AND SANITARY SEWER UTILITY IMPROVEMENTS FOR PINE AVENUE AND LINDER ROAD INTERSECTION AND NINE MILE CREEK PIPE REPLACEMENT ("Agreement") is made and entered into this ~, day of ~ jnbe~( , 2011 ("Effective Date"), by and between the Ada County Highway District, a highway district organized under Title 40, Chapter 14, Idaho Code ("ACHD"), and thf City of Meridian, a municipal corporation organized under Title 50, 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 Pine Avenue and Linder Road Intersection, including potable water and sanitary sewer utility adjustments and installations as detailed in Project Number 306007 (the "Project"); and WHEREAS, ACHD is willing to arrange for adjustments and installation of potable water and sanitary sewer utilities 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 attributable to the adjustments and installation of the potable water and sanitary sewer utilities within the Project boundaries, including but not limited to, costs for changed conditions, plan errors and omissions, and delays attributable to the potable water and sanitary sewer utility 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 water and sanitary sewer utility work; e. Make monthly progress payments and the final payment to the Contractor in conformance with the terms of the Contract; °, - v; - ,~ ~~ ~ ca .~ ~ ®,~ oc c d o~ H d •L N V CV •~~L W r ~ O .o o°c = ~ ;; oc`l. o= ~o c~ Sao ~a =mom ZQ W V W=d'O ~~~~ ooww a`; dma~~ INTERAGENCY AGREEMENT FOR ACHD PROJECT N0.306007 PAGE 1 OF 6 f. Obtain City's concurrence prior 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 installations, adjustments, relocations, and abandonments of potable water and sanitary sewer utilities; 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 one (1) test per five hundred (500) lineal feet per one foot (1') of trench 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 construction of the roadway; 1. Establish centerline or offsets and stationing prior to City staking potable water and sanitary sewer utilities contained 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 water and sanitary sewer utilities installed under the Contract and provide copies of appropriate tests and diaries to ACHD Project Representative; b. Provide field survey and grade control required for the installation of the potable water and sanitary sewer utilities installed under the Contract; c. Provide ACRD with the construction plans, special provisions, and unit bid quantities for the potable water and sanitary sewer utilities to be included in the bid documents for the Contract, including the requirement that all work regarding the potable water and sanitary sewer utilities must be performed in conformance with the most current edition of the Idaho Standards for Public Works Construction ("ISPWC") and 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 funds 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' N0.306007 PAGE 2 OF 6 adjustments, relocations, and abandonments of the water and sanitary sewer 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 Contract; f. Reimburse ACRD 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 any trench failures attributable to failure of potable water and sanitary sewer utilities; and h. Reimburse ACRD for any additional costs to ACHD attributable to the installations, adjustments, relocations, and abandonments of City's portion of the potable water and sanitary sewer utilities 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 Contractor, 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 party 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; Any action at law, suit in equity, arbitration or judicial proceeding for the 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 AGREEMENT FOR ACHD PROJECT N0.306007 PAGE 3 OF fi i. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to the other in any manner by any representations, warranties, covenants and agreements except as specifically set forth herein; j. The promises, covenants, conditions, and agreements herein contained shall be binding on each of the parties hereto and on all parties and all persons claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns; k. If 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 breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party'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 parties 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 ACHD PROJECT N0.306007 PAGE 4 OF C> v 1N WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. STATE OF IDAHO ) ss. COUNTY OF ADA ) On this s ~ -2 ~ day o ~ {~~.. , 2011, before me, a notary public in and for said state, personally appeare REBECCA 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 day and year first above written. set my hand and affixed my official seal the Notar ublic or Idaho Residing at ;.~~~r~ ,Idaho My commission expires: ~, ,~/. Z~ ~ INTERAGENCY AGREEMENT FOR ACRD PROJECT N0.306007 PAGE 5 OF f- STATE OF IDAHO ) ss. COUNTY OF ADA ) On this ~_ day of ~ '~ -~-0 P JV , 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. ®~1GA JOB®® ,~ . "~; ~, ® ~ No ary Public for Idaho ® ~, G ; ®® Residing at lot, ,Idaho ®o ~'~..~'[JBL1 ~'q`~': My commission expires: a.v- ~ . ~ c~ only rE OF 1~ •• ••...••• INTERAGENCY AGREEMENT FOR ACHD PROJECT N0.306007 PAGE G OF 6 ri ian ity~ until tin T :October 11, 2011 I 5 lJ ITEM TITLE: First Addendum to the Sewer Improvement Agreement for Coleman Homes, F&C Development and Diamond View Assisted Living LLC MEETING NOTES (}}~ C' 4) .P ~ l'_ ~~ ~~,~ ~~ ~~- , ~~ ~__~ ~. `'> CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT ~~P ~~ ____ ~_ ~ ~y- ~/~ (V1 Ci`/~ 1 C ~ (E' 4'b~7 C~_Vl~ 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: Scott Steckline Land Development Supervisor DATE: 10/6/2011 SUBJECT: First Addendum to the sewer improvement agreement for Coleman Homes, F&C Development and Diamond View Assisted Living LLC DESCRIPTION Back rg ound This addendum is to memorialize the previously signed sewer improvement agreements and finalize the Meridian and Victory Gap Sewer Project while allowing the City to reimburse the contributing developers for any over payment received. II. RECOMMENDED ACTION A. Move to: 1. Approve the agreements. 2. Authorize the Mayor to sign the agreements and the City Clerk to attest it. III. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works 489-0372 Bruce Freckleton, Development Services Manager 489-0362 Scott Steckline, Land Development Supervisor 489-0369 Approved for Submi, Sion: ~_~ ~ ~ 1 i Scott Steckline Land Development Supervisor Date Page 1 of 2 `®-C®° d( Development Services Manager Date Page 2 of 2 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 ! BOISE IDAH010120111 09:45 AM DEPUTY Yickf Allen II I I I II I II I II'I II' I' I I'I I I I~I I III III RECORQED-REQUEST OF 111085618 Meridian City FIRST ADDENDUM TO THE AMENDED AND RESTATED SEWER SERVICE AGREEMENT COLEMAN HOMES LLC (Cabella Creek Subdivision) ~~o~/ Whereas, This addendum, made this ~ day of S~elrtemher, 2011 to the above- captioned agreement executed between the City of Meridian ("City") and Coleman Homes LLC ("Coleman") dated the 22nd day of June 2010 (AGREEMENT); and, WHEREAS, the above referenced AGREEMENT provided for payment of the proportionate share of the extension of the Black Cat Sewer Line in the amount of $116,281.27 which was paid by Coleman to City; and, WHEREAS, the AGREEMENT provided for a reimbursement to Coleman in the event that the actual amount of the proportionate share was less than the amount paid; and, WHEREAS, the actual proportionate share for this portion of the work was $29,545.67 so a reimbursement is due to Coleman. NOW THEREFORE, the AGREEMENT shall be modified in the following particulars: Section 3(a) of the AGREEMENT shall be modified to add the following language: "The actual cost of the proportionate share for the extension of the Black Cat Sewer Line is $29,545.67. City shall promptly reimburse Coleman in the amount of 86 735.60." All other terms of the AGREEMENT shall remain the same. END OF TEXT SIGNATURES TO FOLLOW ON NEXT PAGE COLEMAN HOMES LLC By: ~~~J~ Thomas M. Coleman, Jr. CITY OF MERIDIAN By: Mayor Tammy eerd ~ _ ~''~B° AU~L~ st: t Ja STATE OF IDAHO County of Ada ~O r1,~ Q+ ~' . ~. City Cl E II71~~ IDANO ~~ S ti ) p~ tl~e T~~d~ ss. ~ ~ On this -~ da of 2 11 f r y , 0 , be o e me, a Notary Public m and for said State, personally appeared Thomas M. Cole an, Jr., known or identified to me to be the person who signed the above on behalf of Colees LLC, and acknowledged to me that he executed the same on behalf of said entity. ~LYN ,~* ~~ ~ ~R '~ ~~' ': w • i 0 ~ ~~~~ ©~: •.,,,~r~ (~ ,,~ ,• ~+~fl1!!lli~ STATE OF IDAHO ) ss. County of Ada ) -. NO Y PUBLIC for IDAHO Residing at ~~~' Commission expires 3 ' ~ -t7 On this ~ day of , 2011, b fo e me a Not Public in and for ~~ ~ ~ said State, personally appeared Tammy de Weerd and .~ n k~iown or identified to me to be the Mayor and City Clerk, respectively, who signed and attested the above on behalf of the City of Meridian, and acknowledged to me that they executed the same on behalf of said City. ,~~OOi001+t ~~ ~,, ~A ~r •, ~ ~ ~~~ i ~ N ~ ~ . /f ~ ~ ~~ "~,-,~ 1~~~~~ ~~ `~ T~~ ®~ 0 S NOTARY PUB for IDAHO Residing at ~~~ `' I~ Commission expires ~ ~ ~.:~ --~ ~ ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 ~ BOISE iDANO 061ZSI1B 03;24 PM DEPUTY Lisa Ban RECORDED-REQUEST OF Meridian Cily i i ~~~~~~ i AMENDED AND RESTATED SEWER SERVICE AGREEMENT P ies. 1. City of Meridian - ~-- 2. Coleman Homes THIS SEWER SERVICE AGREEMENT ("Agreement") is made and entered into this ,~ .. .. . ~ day of June 2010, by and between City of Meridian, a municipal corporation of the State of Idaho (hereinafter called "City") and Coleman Homes LLC, an Idaho limited liability company, whose address is 1859 S. Topaz Way, Suite 200, Meridian, Idaho 83b42 (hereina~er "Coleman"}. RECITALS WHEREAS, Coleman is the owner of the Cabella Creek Subdivision located at the Northeast Corner of Mesa Wa and East Victo Road, situated in a portion of the SE 1/ of Y rY T.3N., R.1 E., Section 19, Boise Meridian, Ada County, Idaho as legally described in Exhibit A, attached hereto and incorporated herein; and WHEREAS, as a condition of approval of the Final Plat of Cabella Creek Subdivision (FP-06-044} ("Final Plat"} the owner/developer of the subdivision is responsible to provide sewerability to the subdivision through the installation of a temporary off peak sanitary sewer pumping station in a location designated by the Public Works Department; and WHEREAS, the prior owner of the Cabella Creek Subdivision, ATM Development LLC ("ATM"}, provided a letter of credit to assure construction of the sanitary sewer pumping station; and WHEREAS, Coleman became responsible for the construction of the sanitary sewer pumping station upon assuming ownership of the Cabella Creek Subdivision; and WHEREAS, City and Coleman have agreed to an alternative and permanent plan, in lieu of the installation of a temporary off-peak sanitary sewer pumping station, to provide the r uired sewer capacity to the Cabella Creek Subdivision, to wit: The construction of an extension of the Black Cat Sewer Line; and WHEREAS, Coleman has agreed to provide funding for its proportionate share of the extension of the Black Cat Sewer Line to provide sewerability to the Cabella Creek Subdivision; and WHEREAS, City has agreed to continue to provide sewer services to the Cabella Creek Subdivision; and AMENDED AND RESTATED SEWER SERVICE AGREEMENT -Page 1 of 7 WHEREAS, the City has agreed that Coleman's participation in funding the extension of the sewer line satisfies the condition of approval on the Final Plat requiring conshuction of the temporary pumping station; and WHEREAS, in June 2009, the parties executed a Sewer Service Agreement, signed by Coleman on June 11, 2009 and by City on June 16, 2009 ("Prior Agreement"); and WHEREAS, the parties intend this Agreement to amend and .restate, in its entirety, the Prior Agreement, such that the Prior Agreement shall be null, void and of no fiu~ther effect following the execution of this Agreement. AGREEMENT NOW, THEREFORE, in considera~on of the covenants and conditions set forth herein, which the parties agree are good and adequate consideration, the parties agree as follows: 1. INC~RF~RATI~N OF RECITALS. That the above recitals are contractual and binding, true and correct, and are incorporated herein as if set forth in full. 2. DEFINITIONS. For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: (a} City means and refers to the City of Meridian, a party to this Agreement, which is a municipal corporation and government subdivision of the State of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642. (b} OwnerslDeveiopers means and refers to Coleman Homes LLC, whose address is 1859 S. Topaz Way, Suite 200, Meridian, ID 83642, and shall include any subsequent owners} or developers} of the Property. (c) Property means and refers to that certain parcel(s) of property located in the County of Ada, City of Meridian as described in Exhibit A and by this reference incorporated herein as if set forth at length. 3. AGREEMENTS REGARDING PR~VISIUN OF SEWER SERVICES. (a} Payment of Proportionate Share. Within ten (10} days following execution of this Agreement, Coleman shall make aone-time payment of One Hundr~i Sixteen Thousand Two Hundred Eighty One Dollars and 271100ths ($116,281.27}, which is the parties' current estimate of Coleman's proportionate share of the extension of the Black Cat Sewer Line to provide sewerability to the Cabello Creek Subdivision ("Coleman Sewer Contribution"}. In the event that Coleman's proportionate share of the actual cost of the Black Cat Sewer Line extension is less than $116,281.27, as established by bills or receipts received by City, City shall promptly pay Coleman the difference between $116,281.27 and the actual proportionate share. AMENDED AND RESTATED SEWER SERVICE AGREEMENT -Page 2 of 7 (b} Agreement to Provide Sewer Services; Satisfaction of Condition. In exchange for the Coleman Sewer Contribution, the City shall continue to provide necessary sewer services to the Cabella Creek Subdivision, and the Lots located therein. Furthermore, the Cit accepts the Coleman Sewer Contribution in satisfacfion of its condition of approval on the Y Final Plat for the Cabella Creek Subdivision that the Owner/Developer of the Property install a temporary off-peak sanitary sewer pumping station in a location designated by the City's Public Works Department. 4. CITY REPRESENTATIONS AND W TIES. City represents and warrants that after all necessary easements have been obtained, it will design and install the extension of the Black Cat Sewer Line in accordance with City standards and design parameters necessary to accommodate approved development on the Property, applicable laws, and the plans for the Cabella Creek Subdivision approved by Cifiy. City represents and wan~ants that the approved plans accommodate sewer service for the total units approved for development on the Property. City further represents and warrants that it will reserve sufficient sewer treatment capacity to serve the lots approved on the Property. 5. NOTICES. Any notice under this Agreement shall be in writing and be delivered in person or by public or private courier service (so long as such services provide written confirmation of delivery} (including U.S. Postal Service Express Mail) or certified mail, return receipt requested. Any notice given by registered or c~rrtified mail shall be sent with return receipt requested. All notices shall be addressed to the parties at the addresses contained herein or at such other addresses as the parties may from time to time direct in writing. Any notice shall be deemed to have been given on ~a} actual delivery or refusal, or fib} three (3} business days after mailing by registered or certified mail. If to City: City of Meridian Attention: City Clerk 33 E. Broadway Avenue Meridian, Idaho 83642 With copy to: Attention: City Attorney 33 E. Broadway Avenue Meridian, Idaho 83642 If to Coleman: Coleman Homes LLC Attention: Thomas M. Coleman, Jr. 1859 S. Topaz Way, Suite 200 Meridian, Idaho 83642 With a copy to: Givens Parsley LLP Attention: Deborah E. Nelson 601 W. Bannock Street P.O. Box 2720 Boise, Idaho 83701 AMENDED AND RESTATED SEWER SERVICE AGREEMENT -Page 3 of 7 6. 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 maybe granted, to court costs and re~~sonable attorney fees as determined by a court of competent jurisdiction, including reasonable attorneys' fees on appeal. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 7. BINDING UPON SUCCESSORS. This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof. City agrees, upon written request of OwnerfDeveloper, to execute appropriate and recordable evidence of tenmin.ation of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developerhas fully performed its obligations under this Agreement. 8. ENTIRE AGREEMENT. This Agreement embodies the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes and extinguishes all written or oral prior agreements between the partite hereto with respect to the subject matter hereof. No extension, change, modification or amendment to or of this Agreement of any kind whatsoever shall be made or claimed by the City or Coleman, and no notice of any extension, change, modification or amendment made or claimed by the City or Coleman shall have any force or effect whatsoever unless the same shall be endorsed in writing and be signed by the party against which the enforcement of such extension, change, modification or amendment is sought, and then only to the extent set forth in such instrument. 9. GENERAL. Time is of the essence for this Agreement. If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. This Agreement maybe executed in counterparts, each of which shall constitute an original, but all together .shall constitute one and the same Agreement. The laws of the state of Idaho shall govern this Agreement. [End of Text) AMENDED AND RESTATED SEWER SERVICE AGREEMENT -Page 4 of 7 IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it effective as hereinabove provided. 4WNER/DEVEL~PER: STATE 4F IDAHO County of Ada ~ 33. COLEMfAN HOMES LLC B i. ~. y Thomas M. Coleman, Jr. ~~ On this da of ~vun ~ 2010 before me, a No Public in and for said Y ~ ~ ~'Y State, personally appear~l Thomas M. Coleman, Jr., known or identified to me to be the person who signed the above on behalf of Coleman Homes LLC, and acknowledged to me that he executed the same on behalf of said en~ty. ~Y ~ NOTARY PUBLIC for IDAHO I~IO~TA1~1f PI~IC Residing at W1E~i~ R tJ ~ S~ QR Commission expires 22 D ~ CP AMENDED AND RESTATED SEWER SERVICE AGREEMENT -Page 5 of 7 CITY: CITY OF MERIDIAN ~~ By: `mid ~~~ STATE OF IDAHO 1 ~ 7 ~ v ss. County of Ada ) .. On this Z~ day of c,~+~... , 2010, before me, a Notary Public ~ and for said State, personally appeared .,~ known or identified to me to be the person who signed the above on behalf of the City of Meridian, and acknowledged to me that slhe executed the same on behalf of said City. •' c~~CA JO••• .~ • '0 ` 5; ~~ ~',~'~ ~ N TARY PUB C far 0 . ~~ ; . . • ~ ~ Residing at . ~ ....._ .~ . ;~ Conunission expires ~ • ~ i -•+" • ~ OF jp~,~ • ,.. . , ,. ,,, AMENDED AND RESTATED SEWER SERVICE AGREEMENT -Page 6 of 7 Ezhibit A Lots 3, 4, 5, 6, 7 and 8 in Block I, Lots 2, 3, 4, 5, 6, 7, 8, 9,10,11,12,13,14,15, 1b, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28 and 29 in Block 2, Lots 1, 2 and 3 in Block 3, Lot 3 in Block 4, Lots 3, 4, 5, 6 and 7 in Block b of Cabella Creek Subdivision, according to the plat thereof, filed in Baok 100 of Plats at Pages 12999 through 13004, and as amended by Affidavit recorded March 18, 2008 as Instrument N.108031228, records of Ada County, Idaho, AMENDED AND RESTATED SEWER SERVICE AGREEMENT--Page 7 of 7 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 12 BOISE IDAH010112111 12:27 PM RECORDED~nREQUEST OF I) ~ ~ I~ '~ I~ I ~ ~ I ~I ~ ~ I~ ( I ~ ~' ~I Meridian City 111 ~~~~ i ~ FIRST ADDENDUM TO THE OFF SITE SEWER IMPROVEMENT AGREEMENT F & C DEVELOPMENT COMPANY (Napoli Subdivision) Whereas, This addendum, made this ~ day of September, 2011 to the above- captioned agreement executed between the City of Meridian ("City") and F&C Development Company, Inc. ("User") dated the 2°d day of June, 2009 (AGREEMENT); and, WHEREAS, the above referenced AGREEMENT provided for payment of the proportionate share of construction costs associated with bringing sewer services to User in the amount of $60,000.00 which was paid by User to City; and, WHEREAS, the AGREEMENT provided for a reimbursement to User in the event that the actual amount of the proportionate share was less than the amount paid; and, WHEREAS, the actual proportionate share for this portion of the work was $14,758.18 so a reimbursement is due to User. NOW THEREFORE, the AGREEMENT shall be modified in the following particulars: Section 3(a) of the AGREEMENT shall be modified to add the following language: "The actual cost of the proportionate share for the provision of sewer services is $14,758.18. Sewer/Water User has paid to City the amount of $60,000.00. City shall promptly reimburse Sewer/Water User in the amount of $45,241.82." All other terms of the AGREEMENT shall remain the same. END OF TEXT SIGNATURES TO FOLLOW ON NEXT PAGE CITY OF MERIDIAN By: Mayor n ~O~,T6DAUUVST at/c// 1 `O J9~+ eerd W~' ~~ E IDIAN IDAHO ~ +. /~ /~ ~~`'S'a. SEAL 4~~® Atte`s~ Jaye L. Holman, City Clerk STATE OF IDAHO ss. County of Ada ) On this ~ day of 2011, before me, a Notary Public in and for said State, personally appeared Frank Status., own or identified to me to be the person who signed the above on behalf of F&C Development Co, Inc, and acknowledged to me that he executed the same on behalf of said entity. ~~~o`'~y ~, L . S~1''~• e -" .~ • ~ ~ ~ f~ -~•--- NOTARY PUBLIC for IDAHO G ; •• '° U B L~ .• ~ Residing at '° `r~ ®• •` Q `~ Commission expires Diana L. Sml~ '°°.,,T~ OF 1~~~.~` Commission Expires 04.0&-2013 STATE OF IDAHO I'""""`~~~) Residing Meridian, Idaho ss. County of Ada ) on this i ~ day of ~~U( , 2011, before me, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman, known or identified to me to be the Mayor and City Clerk, respectively, who signed and attested the above on behalf of the City of Meridian, and acknowledged to me that they executed the same on behalf of said City. •~1CA `I pr~•. ~~,~0 T A R~,,,~~•'s ~`N TARY P C for ID ® Residing at lc,~'l l Commission expires ~ ~ c~ r 0 '•....•o September 19, 2011 City of Meridian To Whom it May Concern: In the matter pertaining to the First Amendment to the Off Site Sewer Agreement, please note that F & C Development Inc. is no longer an active corporation in the state of Idaho. Please make the check for $45,241.82 payable to Frank L. Stauts the principal and owner of F & C Development, Inc. at the time Napoli Subdivision was developed. Sincerely, ~~ Frank L. Stauts 4068 S. Zaivcla Ave. Meridian, tD 83642 ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT' .00 9 BOISE IDAHO 08103!09 01;~ PM __ DEPUTY Vie{ci Allen RECORDED-REQUE8T OF 1~9~~64~~1 Meridian City OFF SITE SEWER IMPROVEMENT AGREEMENT ie • 1 Citv of Merid~r ~ ~r Staut~ F&C Development Co:, nc. owner of Napoli Subdivision THIS OFF SITE SEWER IMPROVEMENT AGREEMENT ("Agreement") is made and entered into this__~__ day of June, 2009, by and between City of Meridian, a municipal corporation of the State of Idaho (hereinafter called "City") and Frank Stauts, principal of F&C Development Co., Inc. owner of Napoli Subdivision (hereinafter called "Napoli") within the corporate limits of the City of Meridian. The business address of F&C Development Company is 3554 E. Indian Trail Lane, Kuna, Idaho 83634. RE WHEREAS, Stauts is the owner of the Napoli Subdivision located in the NW '/a of the SW 1/a of Section 28, Township 3 North, Range 1 East Boise Meridian, Ada County, Idaho as legally described in Exhibit A, attached hereto and incorporated herein; and . WHEREAS, as a condition of approval of the Final Plat of Napoli Subdivision (FP-06- 050) ("Final Plat") the owner/developer of the subdivision is responsible to provide sewerability to the subdivision through the installation of a temporary off-peak sanitary sewer pumping station in a location designated by the Public Works Department; and WHEREAS, a letter of credit from Napoli was provided to assure construction of the sanitary sewer pumping station; and WHEREAS, the letter of credit was set to expire on June 2, 2009 and the City in good faith cashed said LOC to secure the funding for the off peak sanitary lift station as proposed in the development condition; and WHEREAS, the CITY will become responsible for the construction of the sanitary sewer pumping station when and if it is necessary to provide sanitary sewer service; and WHEREAS, City and Napoli have agreed on an alternative and permanent plan, in lieu of the installation of a temporary off-peak sanitary sewer pumping station, to provide the required OFF SITE SEWER IMPROVEMENT AGREEMENT -Page 1 of 6 sewer capacity to the Napoli Subdivision, to wit: The construction of an extension of the Black Cat Sewer Line; and WHEREAS, Napoli has agreed to provide funding for its proportionate share of the extension of the Black Cat Sewer Line to provide sewerability to the Napoli Subdivision; and WHEREAS, in exchange for an agreement by the City to continue to provide sewer services to the Napoli Subdivision, Napoli desires to enter into this Agreement to memorialize its agreement to the substitution of its participation in funding the extension of the sewer line; and AGREEMENT NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, which the parties agree is good and adequate consideration, the parties agree as follows: 1. INCORPORATION OF RECITALS. That the above recitals are contractual and binding, true and correct, and are incorporated herein as if set forth in full 2. DEFINITIONS. For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: (a) City means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the State of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. (b) Owners/Developers means and refers to Frank Stauts, a party to this Agreement whose address is 3554 E. Indian Trail Lane, Kuna, Idaho 83634, the owner of said Property and shall include any subsequent owner(s) or developer(s) of the Property. (c) Property means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A and by this reference incorporated herein as if set forth at length. 3. AGREEMENTS REGARDING PROVISION OF SEWER SERVICES. (a) Payment of Proportionate Share. Napoli shall make none-time payment of its proportionate share ofthe extension of the Black Cat Sewer Line to provide sewerability to the Napoli Subdivision, which amount shall be Sixty Thousand dollars and no cents ($60,000.00) ("Napoli Sewer Contribution"). (b) Agreement to Provide Sewer Services; Satisfaction of Condition. In exchange for the Napoli Sewer Contribution, the City shall continue to provide necessary sewer services to the Napoli Subdivision and the lots located therein. Furthermore, the City accepts the Napoli Sewer Contribution as satisfaction of its condition of approval on the Final Plat for the Napoli Subdivision that the Owner/Developer of the Property installs a temporary off-peak sanitary sewer pumping station in a location designated by the City's Public Works Department. OFF SITE SEWER IMPROVEMENT AGREEMENT -Page 2 of 6 The City is under no time restraint as to the time period when the Off Site Sewer Improvement must be constructed. 4. ISSUANCE OF ADDITIONAL BUILDING PERMITS. As additional consideration for Napoli the City of Meridian agrees to issue all remaining building permits for Napoli Subdivision, even if the OfF Site Sewer Improvement is not completed at the time of the request. S. SURETY OF PERFO CE. The City shall retain Sixty Thousand Dollars and no cents that it received from the Original Letter of Credit for Napoli for the construction of the off peak lift station and apply it to the conditions of this agreement. The City shall then return any remainder. of the money received from that Letter of Credit to Napoli within 30 days of the execution of this agreement. 6. NOTICES. Any notice under this Agreement shall be in writing and be delivered in person or by public or private courier service (so long as such services provide written confirmation of delivery) (including U.S. Postal Service Express Mail) or certified mail, return receipt requested, or by facsimile. Any notice given by registered or certified mail shall be sent with return receipt requested. Any notice given by facsimile shall be verified by confirmation. All notices shall be addressed to the parties at the addresses contained herein or at such other addresses as the parties may from time to time direct in writing. Any notice shall be deemed to have been given on (a) actual delivery or refusal, (b) three (3) business days after mailing by registered or certified mail, or (c) the day facsimile delivery is verified. If to Napoli: F&C Development Co., Inc. Attention: Frank Stauts 3554 E. Indian Trail Lane Kuna, Idaho 83634 Telephone: (208) 631-0252 Facsimile: (208) 887-6597 OFF SITE SEWER IMPROVEMENT AGREEMENT -Page 3 of 6 7. 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 maybe granted, to court costs and reasonable attorney fees as determined by a Court of competent jurisdiction, including reasonable attorneys' fees on appeal. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 8. 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 other party so failing to perform. 9. BINDING UPON SUCCESSORS. This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developerhas fully performed its obligations under this Agreement. 10. INVALID PROVISION. If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 11. RECORDING. The parties acknowledge and agree not to cause or permit the recording of this Agreement or any portion thereof prior to the purchase of the Property by Napoli. 12. COUNTERPARTS. This Agreement maybe executed in counterparts, each of which shall constitute an original, but all together shall constitute one and the same Agreement. 13. ENTIRE AGREEMENT. This Agreement embodies the entire agreement between the parties hereto with respect to the subject matter hereof. No extension, change, modification or amendment to or of this Agreement of any kind whatsoever shall be made or claimed by the City or Napoli, and no notice of any extension, change, modification or amendment made or claimed by the City or Napoli shall have any force or effect whatsoever unless the same shall be endorsed in writing and be signed by the party against which the enforcement of such extension, change, modification or amendment is sought, and then only to the extent set forth in such instrument. OFF SITE SEWER IMPROVEMENT AGREEMENT -Page 4 of 6 1N WITNESS WI-~REOF, the parties have herein executed this Agreement and made it effective as hereinabove provided. ®WNDR/DEVELOPER Frank Stauts F&C Development Co., Inc. By: F Stauts STATE OF IDAHO County of Ada ss. ,~d On this " day of _. , 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared Frank Stauts, known or identified to me to be the person who signed the above and acknowledged to me that he executed the same on behalf of said organization IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ®, o•- •® ~ F w • J, . (SEAL) J - ~~eee-eeerfoN~~Nd z~ ~ ®. ®,d~ ~`,®®®®~ ' ng at. ~( s c., ti ~~ My commission expires (o- ~- OFF SITE SEWER IMPROVEMENT AGREEMENT -Page 5 of 6 cITY By: `~~~,•`~y O~ ERi ~q ,,~~~ c..c~.. ~ , ~. o '. ,~~•~ ~ „~y~tF-oRq ~ 'L %~Charlie Rountree, Acting Mayor e .~~''" o attest: .. s ~ ~''''~;~ , ~®i~.~`~~~~ Jaycee loran, City Clerk ~~~~~~~irr~ ~ iUN~Yj1``~~~ STATE OF IDAHO ss. County of Ada ) On this day of 2009, before me, the undersigned, a Notary Public m and for said State, personally appeared Charlie Rountree and Jaycee Holman, known or identified to me to be the Acting Mayor and City Clerk of the City of Meridian, Idaho, who executed the within instrument and acknowledged to me that they executed the same on behalf of the City of Meridian. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my oi~xcial seal the day and year in this certificate first above written. (SEAL) OFF SITE SEWER IMPROVEMENT AGREEMENT -Page 6 of 6 ~ $~1 p~ $ql M£SSbiGI 4IFALbIid' S1/tA~M11.S9AY ~ ~ ~ BASiS OF BEARING i; ~ N m S 00'37'09' W 1321.30' i ~', S 00'37'09' W 1321.30' .,~ ~L...~.._._._._._,_._._._._._._._._._,_•-• 660.65' ._._._._._._._._..,._._._._._...._._._._._._ ~i ONO ._._._._._._._.~. ~~ ~ S. FAME ROAD r 6GGGG':GGc m®mm. mm®~ ~~ ~~ ~ ~' ~~ o RW u aaze'a'_[ sm.m' I 7x97 jl 7{.0o rloo' 71.00 I 7{.ou n.oo 7f.ar 77. 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Rich AMOUNT .00 11 BOISE IDAHO 10/12/11 12:27 PM RECORDED nREQUEST OF I~ ~ ~ I~ I~ I~ ~ ~ ~ I ~I ~ ( II ~ I ~II ~I Meridian Ciry 111 E~E#~61 ~ FIRST ADDENDUM TO THE AMENDED AGREEMENT FOR HOOKUP TO WATER AND SEWER SERVICE DIAMOND VIEW ASSISTED LIVING LLC Whereas, This addendum, made this ~~ day of September, 2011 to the above- captioned agreement executed between the City of Meridian ("City") and Diamond View Assisted Living LLC ("User") dated the 1st day of February 2011 (AGREEMENT); and, WHEREAS, the above referenced AGREEMENT provided for payment of the proportionate share of construction costs associated with bringing sewer services to User in the amount of $8,887.50 which was paid by User to City; and, WHEREAS, the AGREEMENT provided for a reimbursement to User in the event that the actual amount of the proportionate share was less than the amount paid; and, WHEREAS, the actual proportionate share for this portion of the work was $6,595.02 so a reimbursement is due to User. NOW THEREFORE, the AGREEMENT shall be modified in the following particulars: Section 5.7 of the AGREEMENT shall be modified to add the following language: "The actual cost of the proportionate share for the extension of Sewer is $6,595.02. Sewer/Water User has paid to City the amount of $8,887.50. City shall promptly reimburse Sewer/Water User in the amount of $2,292.48." All other terms of the AGREEMENT shall remain the same. END OF TEXT SIGNATURES TO FOLLOW ON NEXT PAGE J . USERi DI OND VIEW ASSISTED LIVING LLC By: ~' Scott Jenkins CITY OF MERIDIAN By: eerd Attest: Jayc~e L. Holman, City Clerk STATE OF IDAHO ) ss. County of Ada ) ss. County of Ada ) ~o4P~ECn Au~usr G~ , ~9Q, n w City of ®'° ' °~ IDAHO ~°~ SEAL ,~ ~rE ~.° ~fIeTYEA9~? On this day of 201 1, before me, a Notary Public in and for said State, personally appeared Scott Jenkins., known or identified to me to be the person who signed the above on behalf of Diamond View Assisted Living LLC, and acknowledged to me that he executed the same on be;al`QO~jP~}}t~ty ®®®®o `~O e,....... q~® ®®®®®i 1 ~ '~ • _ ~o~~Y ._ = NOTARY PUBLI IDAHO r ~ ~ • c, Residing at ~(Y\ 9 ~ C~~ ~ ~cla4t~ '> '~UB1-~ f~ ~ ° l •. ~, r° O ®: Commission expires _~ - I ., •• ST~~i" iiflc~"" ) On this ~~ day of (~('-~-~~_, 2011, before me, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman, known or identified to me to be the Mayor and City Clerk, respectively, who signed and attested the above on behalf of the City of Meridian, and acknowledged to me that they executed the same on behalf of said City. ,..... .'®~ZCA JO®•. 5~ ~OTA~~~vi: . . . ~ . . ~ ~ . `, ,' •®®~ ®®®• N T Y P L r IDAHO Residing at ~•( t . Ia,Y) , ~ b Commission expires , (d~rl y , ~c~( t~ ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 9 BOISE IDAHO 02/02/11 11:28 AM _ DEPUTY lOcki Allen „~~ ~~ ' RECORDED-REQUEST OF ------`---~i i i~i~~~~ Meridian City AMENDED AGREEMENT FOR HOOKUP TO THE CITY OF ]fAN'5 SEWER/WATER SYSTEM OUTSIDE THE CITY L S: DIAMOND VIEW ASSISTED LIVING LLC 3570 E AMITY RD MERIDIAN, ID 53642 THIS AGREEMENT is made and entered into this ~ day of 20_~, by and between CITY OF MERIDIAN, a Municipal corporation of the State o~ f Idaho, hereinafter referred to as "CITY", and 3? i r- nn nkt c~ tl~ ax,.~ C i ~t~.l I T~ ,,~4 (,~, as hereinafter defined and hereinafter referred to as "SEWER/WATER USER". ~^ 1. RECITALS: 1.1 WHEREAS, "Sewer/Water User" is the sole owner, in law and/or in equity of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Property"; and 1.2 WHEREAS, Idaho Code §50-323, provides and empowers cities to establish, create, develop, maintain and operate Sewer/Water systems; and 1.3 WHEREAS, "City" operates and maintains and develops asSewer/Water system; and 1.4 WHEREAS, the "City" has enacted an ordinance governing its Sewer/Water system codified in Meridian City Code § 9-4-26 and 9-1-16; and 1.5 WHEREAS, the "Sewer/Water User" is the owner of "Real Property" hereinafter described which is presently located outside of the city limits of the "City"; and 1.6 WHEREAS, the "Sewer/Water User" is desirous of obtaining connection to the Sewer/Water to serve the "Real Property" and the "City" is willing to provide that connection to the Sewer/Water service to the "Sewer/Water User" subject to the terms and conditions and consideration of this agreement, and it is specifically agreed that as a specific consideration of the "City's" willingness to enter into this agreement that the "City's" "Ordinance" and "Policy/Regulations" which govern its Sewer/Water system be included as terms and conditions of this agreement and that the AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS 1 "Sewer/Water User" provide perpetual consent to annexation of the "Real Property" in to the "City". 2. DE ONS: For all purposes of this agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 2.1 "City": means and refers to the City of Meridian, County of Ada, State of Idaho. 2.2 "5ewer/Water User": means and shall refer to and/or the person who is the owner of the real property. 2.3 "Real Property": means and shall refer to certain parcel(s) of real property located in the County of Ada, City of Meridian as described in Exhibit "A'.', attached hereto and by this reference incorporated herein as if set forth at length together with improvements thereon. 2.4 "Ordinance": means and shall refer to the City's ordinances that appertain to the regulation and control and use of its Sewer/Water system presently at Meridian City Code § 9-4-26 and 9-1-16, and this definition specifically includes any prospective amendments and/or recodifications to said ordinance or any parts thereof, and shall also refer to any other ordinance of the City of Meridian governing the "Sewer/Water System". 2.5 "PolicylRegulations": means and shall refer to any City Council enacted policy andlor regulation of its Sewer/Water system. 2.6 "Sewer/Water System": means and shall refer to the City's Sewer/Water system. NOW THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 3. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS 2 4. PROVISION OF SEWER/WATER HOOKUP SERVICE: The "City" agrees to authorize a connection to the "Sewer/Water System" to service the "Real Property" subject to the terms and conditions of this Agreement. 5. CONDITIONS AND REQUIREMENTS OF SEWER/WATER USER FOR THE HOOKUP OF THE SEWER/WATER LINE TO THE REAL PROPERTY: 5.1 The Sewer/Water user shall be responsible for all costs associated with the preparation of construction plans, acquisition of necessary easements, and all costs of construction. The hookup and assessment costs relative to the "Sewer/Water System" connection shall be the responsibility of the "Sewer/Water User". 52 5.3 The Sewer/Water user shall be responsible to construct a 12 inch water main that will be located in E Amity Road to and through the Developers own property. 5 4 . b. 5.5 The Sewer/Water user shall pay all Sewer/Water assessments prior to receiving City services. 5.6 ~ The Sewer/Water user has fulfilled their obligation to comply with the City's "to and through" policy and therefore will not be responsible to construct or participate in any costs associated with any future sewer main located in E. Amity Road along the user's frontage. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS 3 5.7 The Sewer/Water user shall post a Surety in the amount of $ ~4.4~A $8,887.50 . This Surety can be used by the City of Meridian for construction costs associated with sewer services to The Sewer/Water user. Including but not limited to Sewer trunk main in Meridian and Victory Road. 6. ORDINANCE APPLICATION: The "Ordinance" and "Policy/Regulations" apply to the Sewer/Water service and connection and are herein incorporated as specific terms of this agreement and at such time or times as the "Ordinance" and/or "Policy/Regulations" isJare amended or recodified, this agreement is automatically amended in accordance therewith. 7. ANNEXATION: At such time as the real property becomes legally eligible for annexation into the "City", the "Sewer/Water User" herein gives consent to such annexation, agrees to pay the annexation application fee, agrees to apply for annexation, and diligently pursue annexation into the City. This provision of this Agreement is a written request and application for such annexation in accordance with I.C. § 50-222 or any amendments or recodification of said statute. 8. HOOKUP SERVICE FEES: The charges for hookup, inspection, and service fees shall be in accordance with the provisions of the "Ordinance" and/or "Policy/Regulations" asare applicable for real properties outside of the city limits. 9. REQUIRE FOIi CO ATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Sewer/Water User" cost, and submit proof of such recording to "Sewer/Water User". 10. DEFAULT: default. Any failure to perform the terms and conditions of this agreement shall be a AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS 4 11. REMEDIES: 11.1 This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Sewer/Water User", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. In addition, remedies available to the City include but are not limited to, termination of Sewer/Water service to all users located on the real property covered by this agreement. 11.2 In the event of a default, written Notice of Default shall be served and defaulting_party shall then have thirty (30) days after delivery of notice of default to correct the same before the non-defaulting party may seek any remedy provided for herein. 11.3 In the event the performance of any covenant to be performed hereunder by either "Sewer/Water User" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 12. NOTICES: 12.1 Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: c/o Public Works Director City of Meridian 660 E. Watertower, Suite #200 Meridian, Idaho 83642 PROPERTY OWNER: Diamond View Assisted Living LLC 3570 E. Amity RD Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Ave. Meridian, Idaho 83642 AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS 5 12.2 A party shall have the right to change their address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 13. 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 attorney's 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. 14. TIME IS OF TITS 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 other party so failing to perform. 15. BINDING N SUCCESSO This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the owner of the property, each subsequent owner and each other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and hound by the conditions and restrictions herein expressed. 16. INVALID PROVISION: ff any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised there from and the invalidity thereof shall not affect any of the other provisions contained herein. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS 6 17. )H'INAL AG EIVIENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Sewer/Water User" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between "Sewer/Water User" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", a duly adopted resolution of "City". 18. TE ATI®N: At such time as the "Real Property" is annexed into the City, this agreement shall terminate except for any default that exists at such time shall still be enforceable pursuant to the terms of this agreement. 19. EFFECTIVE DATE: Agreement. This Agreement shall be effective at such time as both parties have executed this AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS 7 AC OWI.EDGft~IEE1VTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. Property Owner Name: CITY OF MERIDIAN ! ^ B MA O TAMMY DE WEERD \\~~~~urrrrrrrrrrr~~ ATTEST: , ~~~\C~~~ O'F ~~R1~~ ~~~~`~j. T~ rw o J YCE OLMAN, CITY CLERK ~ o~ C~, ~.°~ ,• ':~ -y lsST .~ , ~~. APPROVED BY COUNCIL ON: ~'~ ~" ~~`~ ., UNT ~,. ~~~r'rr,~,.~, u~1~~~~~~~ STATE OF IDAHO, ) County of Ada) ss. On this ~R day of , in the year 20 (1 ,before me, the undersigned, a Notary Public, personally appeared crnr Ku..ia known or identified to me to be the property owner, who executed the instrument. IlV WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS 8 Notary Pu lic for Idaho Residing at: ' My Commission xpires: - / ~ ZO/ STATE OF IDAHO, ) County of Ada . ss. On this ~_ day of ~ , in the year 20~, before me, the undersigned, a Notary Public, personally appeared AMMY DE WEERD and JAYCEE HOLMAN., known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the persons that executed the instrument on 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 this certificate first above written. (SEAL) ®••••••°•. ~® ®91GT A ~~'t~'® .WS, O R~ ® , . ~; . ~ ~ m • 1 0 • r M No Public for Id o Residing at: ____~~,~ a~-~~' My Commission Expires: a o~ AGREEMENT FOR HOOKUP TO THE CITY OF MERIDIAN'S SEWER/WATER SYSTEM OUTSIDE THE CITY LIMITS 9 ~-i i n ity until a tin 1° :October 11, 2011 I lJ J T' lJ ITEM TITLE: Addendum No. 09 to ®riginal Agreement Dated November 1, 2002 with the City of Boise for City Prosecutor/Criminal Legal Services for aNot-to-Exceed Amount of $293,964.00 MEETING NOTES CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO SENT TO SENT TO NOTES INITIALS STAFF AGENCY APPLICANT ~~ ~ ~~ 1°1~~ (A1n V "STY r~li7 ~ ~'1C" h~~ . ~ 1 v EXHIBIT "A" ADDIENDUM N0. 9 TO AGREEMENT FOR CITY PROSECUTOg./CRIMINAL LEGAL SERVICES DATED NOVEMBER 1, 2002 This addendum No. 9 is entered into 27th day September 2011 by and between the City of Meridian (hereinafter referred to as "Meridian"), and the City of Boise, (hereinafter referred to as "Boise"), for the purpose of amending and extending an Agreement for City Prosecutor/Criminal Legal Services dated November 1, 2002. Whereas, on November 1, 2002 Meridian and Boise entered into an agreement for Boise to provide certain prosecutorial/criminal legal services to Meridian; and Whereas, the agreement was extended and modified by Addendums approved in 2003, 2004, 2005, 2006, 2007, 2008, 2009 and 2010; and Whereas, Meridian and Boise desire to modify certain terms of the agreement related to the amount of payment; and Whereas, Meridian and Boise desire to extend the agreement as modified for an additional one (1) year term. Now, therefore, in consideration of the foregoing, Meridian and. Boise agree to amend that certain Agreement for City Prosecutor/Criminal Legal Services dated November 1, 2002 as~follows: 1. That Section 4 of the Agreement is hereby modified to read as follows: 4. PAYMENT FOR SERVICES. Meridian agrees to pay Boise for services rendered pursuant to the terms of this Agreement as follows: 4.1 As compensation for all Primary Legal. Services, including all out-of-pocket expenses incurred by Boise in performing the Primary Legal Services, Meridian shall pay Boise the total sum of twenty-four thousand four hundred ninety-seven dollars ($24,497) per month, with the annual total cost of two hundred ninety- three thousand nine hundred sixty-four dollars ($293,964). 4.1.1 Payment of Primary Legal Services shall be paid by Meridian to Boise on or before the 20`}' day of the following month. 4.1.2 Boise shall provide Meridian with a monthly itemized invoice of all services performed at the request of Meridian beyond the Primary Legal Services (including all out-of-.pocket expenses). Provided the invoice is received by the 5~~' of the month, Meridian shall remit payment to Boise by the first business day of the following month. Meridian Addendum No. 9 Page 1 2, That section 9 of the Agreement.is hereby modified to -read as follows; POSSIBLE EXTENSION OF TERM OF AGREEMENT, The parties mutually agree to renew or extend the term of this Agreement, as provided in the Contract Extension - FY-2012, attached hereto as Exhibit B. 3. Except as modified by this Addendum No. 9, the original Agreement for City Prosecutor/Criminal Legal Services between the City of Meridian and the City of Boise dated November 1, 2002, which incorporates Addendums Nos. 1, 2, 3, 4, 5, 6,. 7, and 8 shall remain in full force and effect. IT IS SO AGREED. IN WITNESS WHEREOF, the parties have executed this Addendum No. 9 on this ~Eh day of , 2011. l ~w`' CITY OF MERIDIAN BY: ~ "' ~gp.TBDAUCUs Mayor Ta de Weerd ~oo~ '~~,~ ~, CITY OF BOISE ~) ° :~, "~ BY: Mayor David Bie~~~ Meridian Addendum No ~. Debbie Broughton, Ex-Officio City_Clerk " TTEST~ EXHIBIT "B" CONTRACT EXTENSION - FY-2012 Prosecution and Criminal Legal Service for the City of Meridian Cost for Services The Boise City Attorney's Office proposes to continue to offer Meridian City a flat annual fee to be billed in monthly installments to provide the services described in this proposal. Primar~Legal Services Primary prosecutorial legal services include: • Prosecutorial intake screening and review of all police-generated misdemeanor reports and citations; • Timely filing decision and notification back to MPD and customer; • Prosecution of infractions and misdemeanors occurring within the Meridian City limits or pursuant to the Memorandum of Understanding between MPD and BPD; • Coverage of the additional caseloads in the new criminal courtrooms assigned by the Trial Court Administrator. Primary civil legal advice and guidance to the Meridian Police Chief and MPD include: • Access to members of the Public Safety Division for immediate assistance 24 hours a day, 7 days a week through cell phone andlor pager under MPD's protocol; • On-site legal services by a rotation of police attorneys three half-days each week; • Routine review and approval of MPD's public records requests and property dispositions; • Legal training for Block Training and Advanced Academy on search and seizure, trial preparation, investigations, and domestic violence; • Training on other needs (including those identified through the screening process) by request of the Meridian Police Chief; • Regular legal bulletins, including Idaho case law; U.S. Supreme Court, and the Ninth Circuit. Annual Cost - $293,96 Monthly Installment - $24,497 .. , Y CITY OF BOISE To: Mayor and Council FROM: Jodi Nafzger, Assistant City Attorney RESOLUTION NUMBI:JIZ: R-308-11 DATE: September 21, 2011 SUBJECT: Meridian City Prosecution Services Contract. Extension ACTION REQUIRED: Approval of resolution for contract extension for Meridian prosecution and police advisor services for fiscal year 2012. FISCAL IMPACT/BUDGET IMPLICATIONS: Meridian will pay the City of Boise $24,497 per month.. The total annual amount will be $293,964. BACKGROUND: Meridian has accepted the terms of the attached contract in the adoption of their 2012 budget. ATTACHMENTS: Resolution, Addendum No. 9 to the 2002 Agreement for Prosecution Services, and Contract Extension - FY-2012. v RESOLUTION NO. 21438 BY THE COUNCIL: CLEGG, EBERLE, JORDAN, MCLEAN, SHEALY AND THOMSON A RESOLUTION APPROVING ADDENDUM NO. 9 TO AN AGREEMENT BY AND BETWEEN THE CITY Off' BOISE CITY (LEGAL DEPARTMENT) AND THE CITY OF MERIDIAN FOR THE PI20VISION OF LEGAL/PROSECUTORIAL SERVICES TO THE CITY OF MERIDI~~~.N; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID ADDENDUM NO. 9 ON BEHALF OF BOISE CITY; AND PROVIDING AN EFl{ECTIVE DATE. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF BOISE CITY, IDAHO: Section 1. That Addendum No. 9 to an Agreement by and between the City of Boise City and the City of Meridian, a copy of said Addendum No. 9 marked Exhibit "A" attached hereto and incorporated herein by reference, be, and the same is hereby, approved as to both form and content. Section 2. That the Mayor and City Clerk be, and they hereby are, authorized to respectively execute and attest said Addendum No. 9 for and on behalf of the City of Boise City. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the Council of the City of Boise, Idaho,. this 27th day of September, 2011. APPROVED by the Mayor of the City of Boise, Idaho this 27th day of September, 2011. APPROVED: s~' ., ATTEST: David H. Bieter MAYOR 308-11 ~i i n ity until a tin T :October 11, 2011 IT 5 J T ITEM TITLE: Five Water Main Easement Agreements with Trust B of the Dobaran Family Revocable Trust MEETING NOTES ~~d CLERKS OFFICE FINAL ACTION 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: Brent A. Blake, Engineering Technician II DATE: October 5, 2011 A. Move to: 1. Approve the 5 Water Main Easement Agreements with Trust B of the Dobaran Family Revocable Trust. 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 water utilities associated with the Linder/Pine Intersection Project during fiscal year 2012. Due to the new configurations and locations of ACHD storm drain and Nampa/Meridian Irrigation utility pipe, a portion of the adjusted water main and services will need to be constructed outside the right of way on private property. The private property owner cooperatively signed the attached easement agreements. B. Proposed ProIect The proposed easements will allow Public Works Staff to access the areas for maintenance and/or repairs. Page 1 of 2 IV. IMPACT A. FiscalImpact: Total Costs V. LIST OF ATTACHMENTS $0.00 A. 5 Permanent Easement contracts ~ ~. B. 5 Water Easement Des iptions n ~4 r Approved for Council Agenda: ______ __ -~ ~ Page 2 of 2 r ~ ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAIt010/12111 12:27 PM w ~` DEPUTY Bonnie Oberbillig III I IIll IIIIIIIIIIIIIIIII II RECORDED-REQUEST OF Meridian City i i 10~~51 ~ WATEII MAIN EA ~ - - - -- U~ ~ THIS INDENTURE, made this ~1'~`-day of r, 2011, between TRUST B OF THE DOBARAN FAMILY REVOCABLE TRUST, the party of the first part, and hereinafter called the Grantor, and the CITY OE MERIDIAN, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee. '6~ITNESSETH: WHEREAS, the Grantor desires to provide a water main right-of--way across a portion of the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by tl~ e Grantee; NOW, THEREFORE, i,l consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of--way for an easement for the construction, operation, maintenance, repair and replacement of a water main over and across the following described property: (SE~~ ATTACHED EX~IIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, 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, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, 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. THE GRANTOR hereby covenants and agrees that it 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. WATER MAIN EASEMENT ~- 1 `1 THE GRANTOR hereby cover, ants and agrees 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 o f any public street, then, to such extent, such right-of way and easement hereby granted which lies within such boundary thereof o which is a part thereof, shall cease and become null and void and of no further effect and sha! 1 be completely relinquished. THE GRANTOR does h ereby covenant with the Grantee that it is lawfully seized and possessed of the aforementione<i and desrt°ibed tract of land, and that it has a good and lawful right to convey said easement, ~:nd that it will warrant and forever defend the title and quiet possession thereof against the lrkwful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties have hereunto subscribed their signatures the day and year first hereinabove written. GRANTOR: STATE OF IDAHO ) ..~~. County of Ada ) TRUST B OF THE DOBARAN FAMILY REVOCABLE TRUST B5~i4itc~o.~ Arvella Dobaran, Trustee Address: 6141 N. Gadwall Lane Garden City, Idaho 83714 On this of September, 20 ! 1, befoz•e ii1e, the undersigned, a Notary Public in and for said State, personally appeared ARV ~JLLA DOl3ARAN, known or identified to me to be the Trustee of the TRUST B OF THE DOl-3 `.RAN FAi~~1ILY REVOCABLE TRUST, the Trust that executed the within instrument, and ack~u~ wledged to me that such Trust executed the same. IN WITNESS WHEREOF, I ha~~e hereunto set my hand and affixed my official seal the day and year first above written. JENNY L. BRAZILL ~ Notary Public State of Idaho ~,,.~ ~_; Y1~~ti~ ~ ~lC 2 ~.~~ ary Yub c fc~ Idaho iding at• ,~ 1 ~- emission expires: _ H ~ rvDF~I ~ ~iU1~ b~~ C(~IV/I~iIS3I0N E7fPIA~S WATER MAIN EASEMENT ~ ~'. ~ wowu•~r~~uN~t~ ~re'i-c~uav~eww~ns GRANTEE: CITY OF MERIDIAN -~.~-, W c~~y of ~~~ammy de ee d, Mayor I;II,1 D l,q >v- t.L1 H U ~ ~~ nn~-. ~l~ 4~ ~,~ ~ ~~- 4`~~e~tac~y"~ chest Jaycee L. Holman, City Clerk Approved by City Council On: ~~ STATE OF IDAHO ) 's. County Ada ) ~ob~~' On this (~ day of Sre'uer , 2011, bei'ore me, the undersigned, a Notary Public in and for said State, personally appeared ' TAMMY 1:, E 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 ,ind ackno~~~~ledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I 11~ ~,~e hereunto set my hand and affixed my official seal the day and year first above written. ®...... ®,~ ~ ,, •~, 1 .1 1® . 1 '~ ~ • ~ G ~ p~ • i® ,~ . ~1~~'~1®i ®`;yl~9 rE OF ®• ••...... 5237568_1.DOCX "~ ~ l,/ _, . . ~\1o't~lry Public i~oc~ldaho Rc~.~~r<iing at: ~PIr~d10~,~ , ~~ Commission expires: ~ ~,~ y , any WATER MAIN EASEMENT ~ ~ 1 1 POTf~. ~ ~,E ~VA'I s'I2 ~A~EM~NT tMSCRIPTION I~'C F; TIII/ CITY O ~+ ~~tt±; ~~II~IAN, II~E'4 tI0 L;~.SIi;I~~~ `~'I°dT NO.2 An easement for potable ~~,-ater purhoses located in the NE % of the SE '/ of Section 1 1, Township 3 North, Rank. I West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass a,~~ monume~lt marking the northeasterly corner of said NE % of the SE %, from which a br,~ss cap mo~iunlent marking the southeasterly corner of the SE of said Section 11 bears S ~)°31'38" ~%~>> a distance of 2646.02 feet; Thence S 0°31'38" W alor~; the easterly l7oY~ndary of said NE % of the SE % a distance of 283.00 feet to a point; Thence leaving said easterly bound~~ry N Q9°11'18" W a distance of 57.00 feet to the POINT OF BEGINNING; Thence continuing N 89° ~ ! ' l 8" W a distance of 24.00 Feet to a point; Thence S 0°31'38" W a distance of 1'1.41 feet to apoint; Thence S 89°28'22" E a di~~iance of 2<I.00 feet to apoint; Thence N 0°31'38" E a disc i1ce of 17.29 feet to the POli~IT OF BEGINNING. This parcel contains 416 s ,care feet (0.010 acres) and i:~~ subject to any other easements existing or in use. Prepared by: Glenn I~. B e ~ ~~ nett, PLS Civil Survey Consultants, 1 ~ ~ corporate~l July 14, 2011 ~~~::k~ ,.:,...,, ~;~ tc ,~r, %l ~ ~ t / ~3 s'' r r P ~. .. C~.4 ~4~ t~tl `.ri ,(~. , ~ ti ~t • ~, 1 V 1 \ ~ ~~V~V ~/ 1 /~ ~,t~ C~ L~ ~ ~ ~ HMV ~\ `F ^ ^O iiJ j T ~'J (~ ~~1 Z O % ;-'. I I Q ail ~ ~~~ ~~ ~ ~~ ~ ~ ~~~ ~ ~ O (~ ~ ~ ~ ~ ~ ~~~~ ~ ~ ~! Z v ~ ~ '> ~ ~ ~`. W O ~ m ~Q I ~ oQ ~ ~. Q `W I Z I d r ` 1~ ~ tS ~~ Zm h ~W c~; ~ ~ ~ ~ ~ A t W ~ ~ ~~ ~,:~ ~ ~ "`I h C Z ~ ~ `~ ~Z V "~ o ~ ~ 13~2/1S ~1,~/00/9 --- I o ---~,,~ { ~~ Ob''~21 Nl ; ;ri'Vb'J~ ~- N --__. v M 0 0 N p O II ~i Q O (J O ~ 0 0 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 ` ~,_ ',~ BOISE IDAH010/12111 12:27 PM RECORDED°nREQUEST OF III I II II IIIIIIIIIII 111111 III Meridian City i 11 E1~~~ 11 WATER MAIN EASEM-ENT THIS INDENTURE, made this ~~ day of r, 2011, between TRUST B OF THE DOBARAN FAMILY REVOCABLE TRUST, the party of the first part, and hereinafter called the Grantor, and the CITY OF MERIDIAN, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee. WITNESSETH: WHEREAS, the Grantor desires to provide a water main right-of--way across a portion of the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of--way for an easement for the construction, operation, maintenance, repair and replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, 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, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, 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. THE GRANTOR hereby covenants and agrees that it 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. WATER MAIN EASEMENT - THE GRANTOR hereby covenants and agrees 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 o f 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 GRANTOR does h ereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties have hereunto subscribed their signatures the day and year first hereinabove written. GRANTOR: TRUST B OF THE DOBARAN FAMILY REVOCABLE TRUST By Arvella Dobaran, Trustee Address: 6141 N. Gadwall Lane Garden City, Idaho 83714 STATE OF IDAHO ) ss. County of Ada ) On this ~ of September, 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared ARVELLA DOBARAN, known or identified to me to be the Trustee of the TRUST B OF THE DOBARAN FAMILY REVOCABLE TRUST, the Trust that executed the within instrument, and acknowledged to me that such Trust executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .... : _ . Ll`` Notary Public Slate of Idaho vl, v~ L . ~~ ~. ~ otary P li for Idaho esiding t: 5~~1 a- ~l~~/1~ ~LUL~ Commission expires: ~~31~MISSION E7CPL1~~5 WATER MAIN EASEMENT - 2 BONDED 1r1HR~rtrti-ARV~P~O~CU>~~p~1iRiT~ws GRANTEE: CITY OF MERIDIAN o~o~;caD AuCVSTr ~G ~~ City of E ID~ Tammy de e d, Mayor ~ IDAHO ~~ ~ SEAL ,W ~~f~PO~~I° ttEAS~~~~~Attest b ycee L. Holman, Cit Jerk Y STATE OF IDAHO ) ss. County Ada ) Approved by City Council On: // ~pl/ ` ~~~ On this ~ 1 day of S~pteinbe~; 2011, 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 WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ®,....®. • JON •.® sF,~l~ - ~ . .. ~: ~~,o`~ARy s . ,. . w. z ~, . • ~~ ; p • .®~+A,rE of ®®• '•...... 5237568_1,DOCX Residing at: ~~/1/l !:~ l (,t; Vl l Commission expires: L WATER MAIN EASEMENT - 3 ~ • .; POTABLE WATER EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO EASEMENT N0.3 An easement for potable water purposes located in the NE % of the SE % of Section 11, Township 3 North, Range 1 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 % of the SE % a distance of 476.11 feet to a point; Thence leaving said easterly boundary N 89°28'22" W a distance of 57.00 feet to the POINT OF BEGINNING; Thence continuing N 89°28'22" W a distance of 14.00 feet to a point; Thence N 0°31'38" E a distance of 20.00 feet to a point; Thence S 89°28'22" E a distance of 14.00 feet to a point; Thence S 0°31'38" W a distance of 20.00 feet to the POINT OF BEGINNING. This parcel contains 280 square feet (0.006 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated July 14, 2011 ,; ~ ,~. 133~J1S 3N/d ~ 0 0 0 N O O II ~V ~ Q O ~ N N p ~ ~ o U •~Z O ~ ,~`~)°o I N~ ~ O c.~ •"~ N ~ ~ ° ~ ov ~ I ~ _ o ~ ~ oQ I \W W I r ~~ ~o ~ w Zo ~~ No I z m ~ = ~O ~~ z ~ ~ w ~ Z O o ~ I w C ~ ~ ~ N I m ~ Z~ ~ I p o z I ~ ~ a° ~~ ~ O WO ~Z o "~ 133J1S ~1,~100/8 I J~ I 0 Ob'02/ N/7~INb7~.~ ~ N t M ADA COUNTY RECORDER Christopher D. Rich AmouNT .UU ' ~ ~ ~ BOISE IDAH010/12111 12:27 PM ., ~ DEPUTY Bonnie Oberbillig I~ (I I~ I~ I~ I ~ ~ ~ ~~'~ ( I~ ~ ~ ~ ~ ~ ~I RECORDED-REQUEST OF 111~~~~+1~ Meridian Ciry WATER MAIN EASEMENT - THIS INDENTURE, made this I ~ day of ~~ , 201 1, between TRUST B OF THE DOBARAN FAMILY REVOCABLE TRUST, the party of the first part, and hereinafter called the Grantor, and the CITY OF MERIDIAN, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee. WITNESSETH: WHEREAS, the Grantor desires to provide a water main right-of--way across a portion of the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of--way for an easement for the construction, operation, maintenance, repair and replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, 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, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, 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. THE GRANTOR hereby covenants and agrees that it 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. WATER MAIN EASEMENT - t . THE GRANTOR hereby covenants and agrees 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 o f 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 GRANTOR does h ereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties have hereunto subscribed their signatures the day and year first hereinabove written. GRANTOR: TRUST B OF THE DOBARAN FAMILY REVOCABLE TRUST ~~ ella Dobaran, Trustee Address: 6141 N. Gadwall Lane Garden City, Idaho 83714 STATE OF IDAHO ) ss. County of Ada ) On this of September, 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared ARVELLA DOBARAN, known or identified to me to be the Trustee of the TRUST B OF THE DOBARAN FAMILY REVOCABLE TRUST, the Trust that executed the within instrument, and acknowledged to me that such Trust executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .. JENNY L, I3RAZILL t r Public ~s~~t Idaho ~ ,~ ~ % ~ (~ ~ O~ lbw tary Pub 'c r Idaho siding a : {fi l~'()F(~ FLU ~ Commission expires: MY COMNIIS3IUN EXPiAI't5 WATER MAIN EASEMENT - 2 ~ 2, 2ot2 7lIRU Nty{'ARY PtfBt,iC UiiNN'~WR{TERS f ~ GRANTEE: CITY OF MERIDIAN ~~J,zi.~~a:~v~t~sr <~ ~~o City of ~' ~i~EI IDT~? I~f.~- ., ~vaeo SEAL `~~r~. Q ®~f gee Ti4AB~P~ ttest by Mayor L. Holman, City Clerk Approved by City Council On:~~~~T~`~ STATE OF IDAHO ss. County Ada ) C.~--(-r7b~/ On this ~ day of r, 2011, 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 WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ®...... SEAL ' ~~~ZARp~~'®• )® ~,~ o .,w-,z `~; '~ • . ~ ~ ^ o~ ,, 1G, ~. . , •®s~A;rE.oF :,• 5237568_1.DOCX tart' Public r Idaho siding at: ~.~lG~t1o~1 i Commission expires: , WATER MAIN EASEMENT - 3 ~ , i POTABLE WATER EASEMENT DESCRIPTION ~ FOR THE CITY OF MERIDIAN, IDAHO EASEMENT N0.4 An easement for potable water purposes located in the NE % of the SE '/a of Section 11, Township 3 North, Range 1 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 % of the SE % a distance of 523.91 feet to a point; Thence leaving said easterly boundary N 89°28'22" W a distance of 57.00 feet to the POINT OF BEGINNING; Thence continuing N 89°28'22" W a distance of 14.00 feet to a point; Thence N 0°31'38" E a distance of 20.00 feet to a point; Thence S 89°28'22" E a distance of 14.00 feet to a point; Thence S 0°31'38" W a distance of 20.00 feet to the POINT OF BEGINNING. This parcel contains 280 square feet (0.006 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated July 14, 2011 . ,.~ N BIDD/CK STREET o ~, o O z~~ ~ ~ ~ o ~~ FRANKL/N ROAD ~~ o ~ Z o ~; . ~, o o~ ~ ° i . i / '~ `~ I 1 o~ i o~ (~~ _~ n; ti c., v1 r W ti ~~ Z~ y ~~ ~_ ~~ v ~ ~~y~c ~~ o~ ~ y ~~ ~ ~ o~ a Z~ y o~ oZ Z~ ~~ O ,O o I ~ ~ P/NE STREET ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 ` -~ BOISE IDAH010/12f11 12;27 PM '' DEPUTY Bonnie Oberbillig ~II I II ~~ III ~II~I~~I ~II (~I ~I RECORDED-REQUEST OF Meridian City i i i~82~~~ WATER MAIN EASEMENT THIS INDENTURE, made this D~ day of ~ , 2011, between TRUST B OF THE DOBARAN FAMILY REVOCABLE TRUST, the party of the first part, and hereinafter called the Grantor, and the CITY OF MERIDIAN, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee. WITNESSETH: WHEREAS, the Grantor desires to provide a water main right-of--way across a portion of the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of--way for an easement for the construction, operation, maintenance, repair and replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, 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, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, 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. THE GRANTOR hereby covenants and agrees that it 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. WATER MAIN EASEMENT - h ar ~. ~ THE GRANTOR hereby covenants and agrees 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 o f 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 GRANTOR does h ereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties have hereunto subscribed their signatures the day and year first hereinabove written. GRANTOR: STATE OF IDAHO ) ss. County of Ada ) TRUST B OF THE DOBARAN FAMILY REVOCABLE TRUST Arvella Dobaran, Trustee Address: 6141 N. Gadwall Lane Garden City, Idaho 83714 On this of September, 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared ARVELLA DOBARAN, known or identified to me to be the Trustee of the TRUST B OF THE DOBARAN FAMILY REVOCABLE TRUST, the Trust that executed the within instrument, and acknowledged to me that such Trust executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL)-_ _~,_,.~__:_ _a_ :,__~ _a JENNY L. f3RAZILL Notary Public __ State of Idahc 4 tart' Publ c or Idaho esiding at: 'J f ~- C f-I c NSF JU !~ L l! t~ Commission expires: WATER MAIN EASEMENT - 2 ~ ~~I~INiIS3IUIV EXPtR~~ I+eDrs~Y;v a, 2orz bOAtDED9'fiRUNfp1•A Y'1'N3t.ICUi~v~1~WRfTER,4 +. ~Y GRANTEE: CITY OF MERIDIAN Approved by City Council On: `~ STATE OF IDAHO County Ada ss. C~~~ On this ~ day of , 201 1, 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 pF 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 year first above written. °'' J oN~s ,® ~, w z ~, . .~ ~• .~; • ` ,w~® . , ,...,.• `~~~® ®4 \. ®`• 5237568_I,DOCX Commission expires: WATER MAIN EASEMENT - 3 ,, ~ ~: . a POTABLE WATER EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, IDAHO EASEMENT NO. 5 An easement for potable water purposes located in the NE % of the SE % of Section 11, Township 3 North, Range 1 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 ''/a, 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 '/ of the SE % a distance of 572.40 feet to a point; Thence leaving said easterly boundary N 89°28'22" W a distance of 57.00 feet to the POINT OF BEGINNING; Thence continuing N 89°28'22" W a distance of 14.00 feet to a point; Thence N 0°31'38" E a distance of 20.00 feet to a point; Thence S 89°28'22" E a distance of 14.00 feet to a point; Thence S 0°31'38" W a distance of 20.00 feet to the POINT OF BEGINNING. This parcel contains 280 square feet (0.006 acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated July 14, 2011 _~ '~ Z Q V ~Q ~Q W \ ~~ ~ W ~~ ~ ~ `~ o ~ im w °~ ~~~3 Z~ Z h~ ~Z W= Cej ~"~ o~ 0 13.~c11S ~/V/d ~o ~o :~ 0 Z h (~ I O~ ~ N ~ ;~ N I ~ ~ ~ ~ ~ I ~ J r i 0 Z o ~ ~ ~ Z ~ ~ I N roa '-'-' W ~ ~ N~ m ~ Z ro ~ ~ O v Z ~. z ° o `~ a I _133~11S )1/00/8 OVO~ /Y//N/YY~~ ~ N d ~ 0 0 0 0 N p O ii LJ J U O N O O N 0 ', ADA COUNTY RECORDER Christopher D, Rich AMOUNT ,00 BOISE IDAH010/12111 12:27 PM DEPUTY Bonnie Oberbillig III i IIII IIIfII"~~ ~~~ IIIII I II RECORDED-REQUEST OF Meridian Ciry 1110~~~~~ WATER MAIN EASEMENT` THIS INDENTURE, made this ~ day of ~ , 2011, between TRUST B OF THE DOBARAN FAMILY REVOCABLE TRUST, the party of the first part, and hereinafter called the Grantor, and the CITY OF MERIDIAN, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee. WITNESSETH: WHEREAS, the Grantor desires to provide a water main right-of--way across a portion of the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of--way for an easement for the construction, operation, maintenance, repair and replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, 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, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, 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. THE GRANTOR hereby covenants and agrees that it 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. WATER MAIN EASEMENT - '. , THE GRANTOR hereby covenants and agrees 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 o f 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 GRANTOR does h ereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties have hereunto subscribed their signatures the day and year first hereinabove written. GRANTOR: TRUST B OF THE DOBARAN FAMILY REVOCABLE TRUST By Arvella Dobaran, Trustee Address: 6141 N. Gadwall Lane Garden City, Idaho 83714 STATE OF IDAHO ) ss. County of Ada ) On this of September, 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared ARVELLA DOBARAN, known or identified to me to be the Trustee of the TRUST B OF THE DOBARAN FAMILY REVOCABLE TRUST, the Trust that executed the within instrument, and acknowledged to me that such Trust executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. J L ~eRA~~l.l_h ~~ ~,~~otar~i Public =...,_~._ State of Idaho WATER MAIN EASEMENT - 2 ~totar P lic for Idaho Residi~a~ at: S ~ ~ a' ~ ~" t ~ ~~~ g LU Commission expires: hK'~ COI-~I~a15SIUN E.XPIRFS Febt°~aa'y 2, 2012 HOtYDED'i YiRCt NU5'ARY PUBLIC Ued1SE~1W8-TEtia GRANTEE: ~O~,KED q Uc~ST ~~,o Bye _ n ~+ City of ~ ~ ioawo ~P ~~ S '~.. ~p r P0~/!r 7tlA~~ ~ CITY OF MERIDIAN Mayor L. Holman, City Clerk Approved by City Council On: c2rf~'~/ //, a®`~ STATE OF IDAHO ) ss. County Ada ) ~~ On this ~ day of Se~~, 2011, 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 tl~~; CITY OF MERIDIAN, IDAHO, and who executed the within instrument and acknowledged (o me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my Land and affixed my official seal the day and year first above written. .•r•®®. ® •~ ~, J O1Vi4',cS' ~SE~,O~, AR y' , , ®. . , . W. ~ ~~ ^ , ,®® ~ ~• 1' ..®.. 5237568_I.DOCX S ~t r~~ Public Idaho V Residing at: e-I~t~~ C~,t~l Commission expires: ~- ~ WATER MAIN EASEMENT - 3 POTABLE WATER EASEMENT DESCRIPTION i FOR THE CITY OF MEI~Ii~IAN, IDAHO EASEMENT NO. 6 An easement for potable water purposes located in the NE 1/ of the SE % of Section 11, Township 3 North, Range 1 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 % of the SE % a distance of 792.01 feet to a point; Thence leaving said easterly boundary N 89°28'22" W a distance of 57.00 feet to the POINT OF BEGINNING; Thence continuing N 89°28'22" W a distance of 13.00 feet to a point; Thence N 0°31'38" E a distance of 20.00 feel to a point; Thence S 89°28'22" E a distance of 13.00 feet to a point; Thence S 0°31'38" W a distance of 20.00 feet to the POINT OF BEGINNING. This parcel contains 260 square feet (0.006 Acres) and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated July 14, 2011 ' ~e • . ~ Z Q ~~ ov° ~`. ~ O OQ w ~~~~ ~ ~ `~ o ~ im W °~ ~~~~ ~~ Z Z h~ Z Z Z V ''~ O~ O I o i I I I ~i I I 0 o bi `~ o N ~ I ~., ~,~ a ~,; o ~ ~ ~ ~, '^ ! Z ~ N qj ) p I ,' ~ ;~ ~ o N v ;~ ~ ~ N ~ ~ O Nh Z / i \ 133b~1S ~b~/00/® ~ / I ~ ~o ( z ~ ^o ~ z ;~ o `~' N . w ° ~ o ro m ~"~' ~ ~ o Z ~. z 0 t O 0 0 0 N p O ii J U O ~ O 0 0 ri i n iy until satin T :October 11, 2011 IT lJ 5H J 1" lJ ITEM TITLE: Professional Services Agreement w/ IVlissoula Childress Theatre for the Production of "The Wiz of the West" in March of 2012 for aNot-to-Exceed Amount of $2,650.00 MEETING NOTES ~~1~~~ CLERKS OFFICE FINAL ACTION PROFESSIONAL SERVICES AG1tEEMENT'VVITII MISSOULA CHILDREN'S THEATRE This PROFESSYONAL SERVICES AGREEMENT `1VYTH MISSOULA CHILDREN'S THEATRE (hereinafter "Agreement") is made this I Ith day of October, 2011 (the "Effective Date"), by and between the City of Meridian, a municipal carporatian organized under the laws of the State of Idaho (hereinafter "Presenter"), through the duty delegated Meridian Arts_ Commission, and the Missoula Children's Theatre, a corparation organized under , _ the laws ofthe State of Montana (hereinafter "MCT"}, WHEREAS, the mission of the Meridian. Arts Commission is to develop, advance, and nurture all facets of the arts to enhance the quality of life for Meridian residents and its visitors; WHEREAS, the mission of MCT is the development of lifeskills in children through participation in the performing arts; W~REAS, the respective governing bodies of Presenter and MCT find that these missions complement each other and wish to work together to further the objectives of both by bringing MCT to the Meridian community for a Residency Tour, as described in Exhfb# B hereto; NOW, THEREFORE, for good and valuable consideration, fhe receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein cotltained, and inconsideration of the recitals above, which are incorporated herein, Presenter and MCT agree as follows: I. MCT Tanrinu Contract. The MCT Touring Contract, as modified by the deletion of the insuxance and mutual indemnification ctause and attached hereto as .~xhib#A, is incorporated herein by reference and made a part of this Agreement as if set forth in its entirety ui this Agreement. II. Muhxal >Ilold ~Yarmless. A. Presenter 1-alcls MCT Larmless, Presenter, its agents, successors, and assigns, shall hold MCT, its agents, successors and assigns, harmless from all claims made against MCT resulting fxom any loss, injury, damage, cost or expense, including legal fees, to any person or property caused by Presenter's negligence, Insofar as housing, auditions, rehearsals, workshops, andlor performances related to this Agreement are provided or held at premises or facilities not held or controlled by Presenter, Presenter makes no warranty or promise as to the condition, safety, usefulness, or habitability of such premises or facilities. D. MCT holds Presenter Larmless, MCT, its agents, successors, and assigns, shall indemnify and hold Presentee, its agents, successors and assigns, harmless from all claims made against .PROFESSIONAL SERVICES .Af`rItEENIENT WPFHMIS$OULA CI-IILDREN's THEATRE PAGE X pF ~ Presenter resulting from any loss, injury, damage, cost or expense, including legal fees, to any person or property caused by Presenter's negligence. C. `Worker's compensation.. At all times during the course of this Agreement,lvICT shall pravide worker's compensation coverage in the amount required lay law for each and every employee utilized in the course of performance of this Agreement, r[Y. Com»ensation and payment. .~ ,. A. Amount, Presenter shall pay MCT for professional services set forth herein at the rate of $2,G50.00. B. Payment sel~edrrle. Due to the check issuance protocols of the City oflvleridian Finance Department, the following terms shall apply, Provided that this Agreement is signed by a duly authorized agent of MCT and provided to Presenter by noon on Thursday, October 6, 2011, Presenter shall provide a $500.00 deposit to MCT by October 16, 2011. C. Payment method. Presenter shall provide the $500.00 deposit to MCT by check sent U.S. Mail, MCT shall send an invoice to Presenter for the remaining $2,150.00 residency fee by February 19, 2012, r, e. one (]}month prior to the audition date. Presenter shall mail a check for that alxlount to MCT via U. S. Mail before March 24, 2012, the date of the scheduled performance. IV. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed via United States mail, addressed as follows: Jonna. Michelson, Director, Tour Marketing Dept, Missoula Children's Theatre 200 North Adams Missoula MT 59802-471$ Emily Vane, Deputy City Attorney City of Meridian 33 East Broadway Ave Meridian ID 83642 Either pau~ty may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the nrxanner herein provided. V. Assignmeu.t. Presenter shall not assign or sublet all or any portion of Presenter's interest in this Agreement or PROFESSIONAL SERVICBS AGREEMENT' WITI-I MJSSOUI,A ~H7I,bi~'S TI~ATRE PAG$ 2 OF A~ any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of MCT. MCT shall not assign or sublet all or any portion of MCT's interest in this Agreement or any privilege ax right hereunder, either voluntarily or involuntarily, without the prior written consent of Presenter. This Agreement and each and alI of the terms and conditions hereof shall apply to and ate binding upon the respective organizations, legal representatives, successors, and assigns of the parties. ~I. No agency, _ . ~, Neither MCT nor its employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall be considered agents of Presenter in any manner or for any purpose whatsoever in MCT's use and occupancy offacilities at which auditions, rehearsals, workshops, and/or performances are held. VII. Cmnnliance ~yxth Laws. In performing the scope of services required hereunder, Presenter and MCT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local gavernrnents, VIIL Discrimination Prohibited. In performing the Services required herein, MCT shall not discriminate against any person ozz the basis of race, calox, religion, sex, national origin or ancestry, age or physical handicap. ~X. Te~r~m of Agreement. This Agreement shall became effective as of the Effective Date upon execution by both parties, and shall expire immediately upon completion oftear-down following conclusson of the final show, ar 5:00 p.m, on March 24, 20X2, whichever occurs flrst. X. Construction and Severabili If any part of taus 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 lazag as the rexnaincier of the Agreement is reasonably capable of completion. XI. Entire.Agrcement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. PROFESSIONAL. SEttVICES A(}REEMENT WITIi NTISSODLA CHILDREt•II'S THEATRE PAG13 3 Olt ~ XII. Applicable La~v. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, XIII Approval Required. This Agreement-shall not become effective or binding until approved by the respective~governing bodies of both presenter and MCT. 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 fixst above written. MISSOULA CHILDREN'S THEATRE: BY: ~ ~~ Va ~V Jo chelson Director PRESENTERICITY OF MERIDIAN: BY: Q,pseD n vc°Sr r Tammy de e rd z°° ~''~, Mayor clry DE (~E IDIAN IDAHO Attest: ~~ [`~''ei y~v e7Aa ~++ r ~/ /I 9r~P°~+deTflE~e~~eA Clty PROFESSIONAL SERVICES AGREEMENT WITH MISSOULA CHILDREN'S TrIEATRE PAGE 4 GF 4 ~L~~I ~ i ' a 111 1,•~~ ..---~° ~ wL`~ MCT, lnc. 200 North Adams Missoula, MT 59802-4718 406-728-1911 tax: 406-721-0637 tour@mctinc.org www.mctinc.org I F a~, ! Q C~~I + ' f _f `kr~ ~n ~.A~t~~ _ t. ~~_.,_~...~'~__ r:1-~ f_~ - ~_ _._ .~._ ~ - --- - - - - CANGELLATION POLICY: This Touring Contract and the $500 deposit are due on the date indicated in the Contract. If not received on or within 15 days after that date, MCT may cancel the residency and Presenter will receive an official letter of cancellation. To secure the date, if Presenter cannot timely return the Contract or deposit, Presenter must be granted an extension by MCT's Marketing Office. If Presenter provides written notice of cancellation by certified mail not less than 120 clays prior to the first day of the residency, the $500 deposit shall be refunded. If MCT does not receive such written cancellation notice at least 120 days prior to the residency, Presenter shall be liable and will be invoiced for the $500. If Presenter cancels within 90 days of the first day of residency, Presenter shall be liable and will be invoiced for half of the base residency fee. If Presenter cancels within 30 days of the first day of the residency, Presenter shall be liable and will be invoiced for the full residency fee. If unforeseen circumstances beyond Presenter's control arise, such as an "act of God," MCT will make a reasonable good faith effort to reschedule in a timely manner. CHANGE FEE: If within 90 days of the first day of the residency week Presenter opts to change a contracted residency week to a later date in the same Tour season (summer or school year}, a $500 fee shall be assessed. Date changes between Tour seasons are prohibited. NON-EXCLUSIVITY: MCT does not grant any "right of exclusivity" to any Presenter. RELATIONSHIP OF PARTIES: This Contract shall not in any manner constitute, or be construed as, creating a partnership between the parties. REGULATORY COMPLIANCE: Presenter shat( be solely responsible for taking all reasonably appropriate action to ensure that all Contract activities and each audition, rehearsal, workshop and performance complies with the applicable governmental regulations. BACKGROUND CHECKS: Criminal background checks and fingerprinting have been completed by a nationally recognized company on every member of the Tour Staff. Extensive personal and professional reference checks have also been conducted by MCT's Human Resources Department. Should the Presenting Organization require additional background checks and/or fingerprinting, the Presenter shall pay ail associated fees. FEE: The total balance due, for ALL services rendered (including extra workshops or performances scheduled at time of residency), must be paid on or before the day of the performance. A $50.00 late charge will be added to the residency fee unless other arrangements have been negotiated with MCT prior to the residency. BOX OFFICE: Presenter is solely responsible for the pricing and sale of tickets and is entitled to a(I income from ticket sales. CASTING: There is no guarantee that everyone who auditions will be cast in the play. ADVERTISING ~ PUBLICITY: Presenter shall pay all costs for local publicity and performance promotion shall be paid by the Presenting Organization. MCT shall furnish Presenter with on-line access to the Presenter Information Packet (PIP) approximately NINETY (90) days prior to the residency, including graphics, media releases, photo and music score. Presenter must include MCT authorship credit and copyright information on show program. Presenter is strongly encouraged to give recognition in their advertising to any/all appropriate state arts ceuncilslfunding agencies for their support of the MCT touring program. HOUSING: Presenter shall provide housing a total of seven (7) nights for the two MCT Tour Actor/Directors, Sunday tc Sunday, regardless of schedule variations set by Presenter (i.e., Tuesday start, Friday shows). If the MCT Tour Marketing Office dictates a Tuesday start or Friday shows, housing will be provided a total of (6) nights, starting the night before the residency duties begin and ending the morning after the last performance. Accommodations shall be private (one person per room), clean, comfortable and safe for the two Tour Actor/Directors, either in a hotel/motel or private home(s), equipped with a phone land-line or sufficient cell phone coverage. Providing meals for the Tour Actor/Directors is optional. MCT, Inc. 200 North Adams ®~~~.~) Missoula, MT 59802-4718 ~,~ ,,r ~L~ ~ ~~~ ~ 406-728-1911 '~+ ~. ..:J// fax: 406-721-0637 tour@mctinc.org www.mctinc.org ,,., ,a T _. _.__ ,~ _~ ,, e ` ~~ ~ 1 ~ ~ e ,c~. ~ L,j~ ~ ~ ~~-~- - _~_ PARKING: Ali parking costs related to conducting the residency week (including lodging) will be paid by the Presenter. VIDEO POLICY: Presenter may videotape the MCT production to sell or commercially broadcast subject to the following: The Videotape/DVD Licensing Fee Agreement shall be completed, signed and returned to MCT with corresponding fee as determined by fee chart (included). R Broadcasts may not~occur simultaneously with the live performance of the play. The right to broadcast avideotape/DVD of the performance is limited to one broadcast on a community access station. MCT must be credited as producer of the play. d Visual or oral credits must be included on the videotapelDVD. Credits for each particular show are included on the Show Program Template in the Presenter Information Materials (which will be sent approximately 90 days prior to the residency). a The videotape/DVD must contain a visual or oral statement that videotape/DVD is only for personal use. Written permission from MCT is required for any rebroadcast or public performance of the videotape/DVD. ® MCT shall receive a complimentary copy of the videotapelDVD. MCT SHOW T-SHIRTS AND CDs: The MCT Tour Actor/Directors may have show T-shirts andlor music CDs available for sale. Proceeds from the sale of these concessions are a part of the Tour Actor/Directors weekly income. This supplemental income helps main#ain low residency fees. Presenter may not use MCT logos or photos to create T-shirts. A $300 penalty shall be assessed if: 1) T-shirts are produced by Presenter or its agents using MCT logos or photos; 2) the MCT Tour Actor/pirectors are prohibited from selling their T-shirts/CDs by Presenter. If Presenter has an in-house policy on commissions, the Tour Actor/Directors must be informed of that policy during their call on the Tuesday two weeks before the residency, so They may alter the prices accordingly. Commissions will not exceed 30% and will not apply if this notification is not given. MCT logos are copyrighted, and thus may not be reproduced on any items to be sold or distributed. Logos can be used for show program and advertising purposes only. WORKSHOPS: Three classroom workshops are included in the week-long residency. A list of workshops is included in the Presenter Information Packet. Workshops will be scheduled with the Tour Actor/Directors and may be performed only in accordance with the group size specifications detailed on the workshop list. The workshop schedule must be finalized and provided to the team by the end of the first day of the residency following rehearsals. if the schedule is not provided verbally or in writing by this deadline, workshops shall not be conducted during the week. All assemblies are equivalent to the cost of three workshops. EXCHANGE OF SERVICES: Choosing to have only one performance does not change the fee, nor can a performance be traded for extra workshops. PIANO AND ACCOMPANIST: Presenter shall provide a piano and accompanist as needed for rehearsals and performances. The rehearsal score is included in the Presenter Information Packet {PIP) and the performance score will arrive with the MCT Team. In the unfortunate situation that an accompanist is not secured by the dress rehearsal and the cast is required to do the show a cappella, a $300 fee shall be assessed. SPAClwS: Presenter shall provide a minimum of fwo (2) indoor rehearsal spaces within the same complex. The spaces shall be available throughout the week, with additional workspaces available as requested by MCT prior to the residency. Presenter shall also provide a performance space. All performances must take place in the same venue. A fee of $300 U.S. will be assessed for a change of performance venues between shows. 5ET ASSEMBLY: The set will be assembled one time during a residency week. If the Presenter requires the set to be moved or disassembled prior to the culmination of performances} a fee of $300 U.5, shall be assessed. MCT FEDERAL ID#: $1-0332120 1 MCT, Inc. 200 North Adams ~'(~~~ )~ Missoula, MT 59802-4718 r~' sr7~• ~~,,~ ~~I~,,~'~L:(c~ /~~~lC~•~!%GGUJ~:(,f,{/ ~ 406-728-1911 ' ~~~~ '~ fax: 406-721-0637 tour@mctinc.org www.mctinc.org ll _ _ - ~ ~~ ? h r_ 1 TOWN: MERIDIAN STATE: 1D PRESENTING ORGANIZATION: MERIDIAN ARTS COMMISSION MAW CONTACT: MARY JENSEN TITLE: MAILING ADDRESS: 3956 N LEGACY COMMON AVE TOWN: MERIDIAN STATE: ID ZIP: 83646 PHONE #1: 208W344.4238 PHONE #2: PHONE #3: E-MAIL: maryjensenhome@gmail.:,om Fpx; TEAM CONTACT: MARY JENSEN TITLE: MAILING ADDRESS: 3956 N LEGACY COMMON AVE TOWN: MERIDIAN STATE: ID ZIP: 83646 PHONE #1:208-344-4238 PHONE #2: PHONE #3: E-MAIL: maryjensenhome@gmail.com Fpx: BILLING CONTACT: MARY JENSEN TITLE: BILLING ADDRESS: 3956 N LEGACY COMMON AVE TOWN: MERIDIAN STATE: ID ZIP: 83646 PL~ASE`(NDI,CA'TE ~2~-`~NY~=CHP;NGES=TO-CONTACT'I NFORM'PTIONx=BEl:'41/U: PRESENTING ORGANIZATION: MAIN CONTACT: MAILING ADDRE TOWN, STATE, ZIP: PHONE #1: PHONE#2: PHONE#3: FAX: E-MAIL: TEAM CONTACT: TITLE: MAILING ADDRESS: TOWN, STATE, ZIP: PHONE#2: PHONE#3: PHONE #1: FAX: E-MAIL: I BILLING CONTACT: TITLE: BILLING ~ TOWN, STATE, ZIP: S. tr'y' ~. 7 ` .. r 411nAFCE~~A~-CUPY FOR~YOUR'FtECORUS~Ah!®-RETURN'O.RiGINAL~TOTMCT MCT, Inc. 200 North Adams ®1~~~- 7 Missoula, MT 59802-4718 ~ _~~ ~~ ~ '~~~~l~jl-'` ~G~ fax: 406-721 0637 ~~~. tour@mctinc.org y www.motinc.org 3 f ^~. TOWN: MERIDIAN STATE: ID PRESENTING ORGANIZATION: MERIDIAN ARTS COMMISSION SHOW TITLE: THE WIZ-OE THE WEST (WOW^1) ACCT: IDpMERI , RESIDENCY WEEK: 3/1 9/20 1 2-31241201 2 FIRST TIME: N SPECIAL CIRCUMSTANCES: BOOKING ID: 15941 PI~Ei4SErG,~1JViPLEa'T~Th(EuF<OILQJNI''NC~I~NFORIVfA~TfQN: ,, ~~~ AUDITION DAY (MON. OR *TUES.}: ', AUDITION DATE:~~.~_TIME: ~ a .~~ _ (*TO ACCOMMODATE A TUESDAY AUDITION, PERFO ANCES MUST BE SCHE ULE ON SATURDAY} AUDITION LOCATION: REHEARSAL TIME: M~ric.~.i~-v1 ~i .`r~r'C~ REHEARSAL LOCATIONS (2 SPACES REQUIRED) ~ ~~ AND PERFORMANCE DAY(S) & DATES};(' AND X12. ~ ?y..- TIME(S):'~~~ AND LOCATION: (SUGGESTED 3:OOPM & 5:30PM ON SATURDAY) GRADE LEVELS: KINDERGARTEN THR®UGH 5* 6 7 8~9 10 11 12 (*REQUIRED MINIMUM GRADE RANGE) BASE RESIDENCY FEE: $2650.00 U5 ADDITIONAL WORKSHOPS (3 INCLUDED IN RESIDENCY FEE) ,T,@$75.000S $ '~ ADDITIONAL PERFORMANCES (2 INCLUDED IN RESIDENCY FEE)_,@$300.000S$ -~ (EXTRA SERVICES MAY BE SCHEDULED AT TIME OF RESIDENCY) TOTAL PAYABLE TO MCT: $ ~'~~~~~ ~~ J ... rA $~500~D~POSI,T,WITHSI,GNED..ANb.-C.QMP.LETED..CONTRACT.D.UE 1'O-:MGT-~Y~..10/.96120'11~' For office Use k~! haue~read: and understand thfs en#fre~agreement Contract '~ -~_~z~;, '~ , w -~,...~;;:{ ~.~: .... -- Received ~'~,RESENT~ER'$IGNED'~~;~ ~ ~p~ Entered PRINTED ~ "Z~M°M~( d,~~~ ~ ®TITLE 'Y r~~ ~~ Deposit DATE ~ Received ~~~1 ~, ~, Amount MGT SIGNEb 1~ L(~J Check# DATE D ~ ` ,,, s t a r.._ : ,_ .:t . _ _ ..., a~_~lec~. hMetlF?'fl 2(1PY t=~R<l`/OUR'RECORDS. RETURN 7FIIS>PACE TO fJlCT~ W PRE-ADDRESSED'~NVELQP_E.;PtROUiDED ~i i n ify until a fin T' :October 11, 2011 IT' 51 A~p~U,~ ~ CLERKS oFF~cE F~~~L Acrion- F, a RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: James L, Jewett BMWSUA 2040 S. Eagle Road Meridian, ID 83642 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 ~ BOISE IDAH010f12h1 12:27 PM DEPUTY Bonnie Oberbillig III I II II II I III ~~ ~~ I I ~~ II RECORDED-REQUEST OF 111~~~6~7 Meridian City (Space Above For Recorder's Use) C®RRECTION QUITCLAIM DEED For good and valuable consideration the receipt of which is hereby acknowledged, The City of Meridian, an Idaho Municipal Corporation ("Grantor"), does hereby release and forever quitclaim unto the Bittercreek Meadows Water and Sewer Users Association ("Grantee"), whose address is 2040 S. Eagle Road, Meridian ID 83642, and its heirs and assigns forever, all right, title and interest which Grantor now has or may hereafter acquire in the following described real property situated in Ada County, State of Idaho, to-wit: Lot 7, Block 1 of the Amended Plat of Bittercreek Meadows Subdivision recorded with the Ada County recorder's office as Instrument No. 106102994 on or about the 27th day of June, 2006 together with Water Right No, 63-31957 to be used for public water supply purposes for the Bittercreek Meadows Subdivision TO HAVE AND TO HOLD, all and singular the said real property, together with all appurtenances, tenements, hereditaments, reversions, remainders, rents, issues, profits, rights-of--way, and water rights in anywise appertaining to the real property herein described, as well in law as in equity, unto Grantee, and to its heirs and assigns forever. WITNESS the hand of said Grantor this ~~ day of October, 2011. /Vl ~ iulr-.~ ST ,,, IDAH ~~ f~ J r'n ~ . ~~~ ~PeD~fde?RIAf~af. QUITCLAIM DEED-1 BITTERCREEK WELL LOT ® - a STATE OF IDAHO ) ss. County of ~OL ) Jaycee L. Holman, City Clerk On this ~_ day of ~C-~,}~, 2011, before me ~72SS\CcL ~b~1~S personally appeared Tammy de Weerd and Jaycee L. Holman, known or identified to me to be the Mayor and City Clerk; respectively, of the City of Meridian, the municipal corporation that executed and attested the instrument or the person who executed and attested the instrument on behalf of said municipal corporation, and acknowledged to me that such municipal corporation 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. ®o®®.®®® O `, W' ~ r''~ ~~ ~ p ® ~ ~~ ,,~ • ® ~ ~ _. ,ciV .~,0 ®® ®®• Slq~rE o ~;.® @®....®. ~`, No+a~ ub1~c ~Y Idaho 1~es`d~nc~ o..-fi - M.Q,,r~d~a-n CofY1 MISS loy~ Ex~p treS l1~ ~ ~ ~O ~ ~ a C~ 1 c.~ QUITCLAIM DEED-2 BITTERCREEK WELL LOT ~®i n ity until a tin T° :October 11, 2011 IT' lJ J T 11-005 ITEM TITLE: Final Order for Approval Cavanaugh Subdivision by DBSI Tanana Valley, LLC Located Southeast Corner of S. Meridian Road and E. Victory Road Request: A Two (2) Year Time Extension in Order to Obtain the City Engineer's Signature on a Final Plat MEETING NOTES qP~`~ CLERKS OFFICE FINAL ,4CTlON DATE: I E-MSTAFF TOI AGENCYO I APPLICANT I NOTES ( INITIALS ~i i n ity nil ~i~t T' :October 11, 2011 I 5K J T' M A 11-008 ITEM TITLE: Findings of Fact, Conclusions of Law for Approval Spring Creek Ustick (Ashtyn Park)by Douglas Clegg Located 3165 N. Meridian Road Request: Terminate the Recorded Development Agreement (Inst. # 107022433) and the Recorded Addendum (Inst. #1 1 007871 9)Approved with the Annexation and Modified with the Spring Creek Ustick Project MEETING NOTES ~~Q~~~ CLERKS OFFICE FINAL ACTION I DATE: E MSTAFF TOI AGENCOY I APPLICANT I NOTES I INITIALS I ~i i ~- iy uri'il a t®n T :October 11, 2011 IT 5L J ~ M A 11-008 ITEM TITLE: Termination of ®evelopment Agreement Spring Creek Ustick (Ashtyn Park Subdivision) MDA 11-008 MEETING NOTES ~ pp ~~~c~l CLER~S ®FF,CEF,NALACT,®~ ~' ADA COUNTY RECORDER Christopher D, Rich AMOUNT .00 ; When recorded, Please relnrn Io: BOISE IDAH010112l11 12:27 PM CITY OF MERIDIAN 331ECBr edway RECORDED~nREQUEST OFg III (lllllllilllllllllll ~ I III Meridian, Idaho 83642 Meridian City i 11~3$~~~E, TERMINATION OF DEVELOPMENT AG EET Spring Creek Ustick (Ashtyn Park Subdivision) MDA 11-008 This Termination of Development Agreement (this "Termination") made by the City of Meridian, an Idaho municipal corporation ("City") for the benefit of IRET Properties, a North Dakota limited partnership ("Owner"). WHEREAS, City entered into that certain Development Agreement with Owner's predecessor-in-title dated January 23, 2007 and recorded in the real property records of Ada County, Idaho on February 15, 2007 as Instrument No. 107022433 (the "Development Agreement") and that certain Addendum to Development Agreement with Owner's predecessor-in-title dated August 24, 2010 and recorded in the real property records of Ada County, Idaho on August 25, 2010 as Instrument No. 110078719 (the "Addendum"). WHEREAS, Section 19 of the Development Agreement and Section 3 of the Addendum provide that City will execute appropriate and recordable evidence of termination of Development Agreement and Addendum upon request if City determines that the `Owner/Developer' thereunder has fully performed its obligations; WHEREAS, Owner's predecessor-in-title believes it has fully performed its obligations under the Development Agreements, and requested the City execute appropriate and recordable evidence that Development Agreement and Addendum have terminated; WHEREAS, City held a public hearing on September 27, 2011 to consider the above request and determined that the `Owner/Developer' under the Development Agreement and Addendum has fully performed its obligations thereunder; and WHEREAS, City desires to execute and record this Termination to memorialize the termination of the of record that the Development Agreement and Addendum have been terminated as is no longer of any force or effect. NOW, THEREFORE, in consideration of the recitals above, City declares and confirms that the Development Agreement and Addendum hereby terminated and no longer of any force or effect whatsoever. IN WITNESS WHEREOF, the parties have executed this Memorandum effective as of the ~ ~ ~ day of if~~~,.~~, 2011. CITY OF MERIDIAN, an Idaho municipal corporation ATTEST: Holman, City Clerk ~GO~Ogp,TBD A(/CUsr,r By ~°4,+ Cary of E IDR, IAN ~ IDAHO 9~ L~~T ,~ r`p0~+0e 79EA5~~e~ Weerd TERMINATION OF DEVELOPMENT AGREEMENT - I 1278957-1 _. .~ ~ STATE OF IDAHO County of Ada :ss. On this (~ day of _~(1~~_, 2011, before the undersigned notary public in and for the said state, personally appeared Tammy de Weerd and Jaycee L. Holman, known or identified to me to be the Mayor and City Clerk of the City of Meridian and the persons who executed and attested the foregoing instrument on behalf of said City and acknowledged to me that said City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. ®.....® .'.S~N ~~ ®®®. • • C~`'~ R'4'y ~'~ ti • ti; :~;® ~x: .WIZ ti; Q. . ~`, ~, 4• • r tart' Public r Idaho Residing at: E'X t l ~1 1 l My Commission Expires: L ~ ~'RMINATION OF DEVELOPMENT AGREEMENT - Z 1278957-1 ~®i n ity until tin 1° :October 11, 2011 I°T lJ 5IVI J M A 11-007 ITEM TITLE: Findings of Fact, Conclusions of Law for Approval Sgroi Property by Nunzio Sgroi Located 4405 E. Ustick Road Request: An Amendment to the Development Agreement to Extend the Time Allowed for the Agreement to be Signed and Returned to the City MEETING NOTES ,~~,~,~/ CLERKS OFFICE FINAL ACTION ( DATE: E_MSTAFF TOI AGENC® I APPLICANT I NOTES I INITIALS ( ~®i n ity until T' :October 11, 2011 I 1V J ~ M A 11-009 ITEM TITLE: Findings of Fact, Conclusions of Law for Approval Grau Property by Bill Grau Located at 4135 W. Cherry Lane Request: An Amendment to the Development Agreement to Extend the Time Allowed for the Agreement to be Signed and Returned to the City MEETING NOTES CLERKS OFFICE FINAL ACTION . ~i i n ity until a tin T :October 11, 2011 IT' /~ PROJECT NUMBER: ITEII~ TITLE: Clerks Office: Approval of Owner Transfer for B/1N/L License from Toowoomba LLC to White Water Saloon II LLC Located at 1646 N. Meridian Rd. MEETING NOTES m ~,~' ~, 50 ~~~'~ CLERKS OFFICE FINAL ACTION DATE: (E-MSTAFF TOI AGENCOY I APPLICANT ( NOTES INITIALS ~i - n icy until t®n T' a October 11, 2011 J T' N ITEM TITLE: Items Moved from Consent Agenda MEETING NOTES ~~~ CLERKS OFFICE FINAL ACTION DATE: (E_MSTAFF T°I AGENCOY I APPL CANT I NOTES I INITIALS ~°®i iy until a tin 7° :October 11, 2011 I lJ 7A J 1° ITEM TITLE: Public V!lorlcs: Strategic Plan Update MEETING NOTES ri i n iy c~ncil tin T :October 11, 2011 I°T 7 °f lJ ITEM TITLE: Planning Dept.: Removal of Property From Meridian Area of City Impact to Boise Area of City Impact MEETING N®TS CLERKS OFFICE FlN.4L ACTION DATE: (E.MSTA D TOI AGENCOY I APPL CANT I NOTES I INITIALS September 20, 2011 TO: Tricia Nilsson, City of Boise FROM: Tim Gibson RE: New Comprehensive Plan Dear Ms. Nilsson, It has recently come to my attention that the City of Boise is currently working on updating their Comprehensive Plan and Future Land Use Map. I currently own two properties that I would like to bring to your attention and that I would like to get re-classified as a part of the new Comprehensive Plan. The first is parcel number 51109110013, which consists of 17.989 acres (see attached aerial, parcel 1). This property is currently in the City of Boise and is zoned A-1. I would like to formally request that the property be designated as High-Density Residential under the proposed new Comprehensive Plan. The second is parcel number S 110120800 (shown on the attached aerial as parcel 2) and is currently located in Ada County and Meridian's area of impact. In speaking with the City of Meridian and the fact that this parcel is most easily serviced by the City of Boise, I would like to start the process of bringing it into the City of Boise with aHigh-Density Residential designation. Thank you for all of your work on the new Comprehensive Plan. Please feel free to contact me with any questions or comments. Thank you, Tim Gibson enclosure i ~~ I ~ `~' ® ® cQ _ r" ~® ~ O D ~ rn ~ v ~ ~ ~ ~ m (~ o D z W c ~ O ~ C ~ ~ . Q ~ v ~ ~- ~ D v y E° ~:,~ ..J ~q e ~~ ~ ~ +n. ~ N ~ l .1~4 ~ ~ j TJ ~! co ~ CTl ~ ' .F - ~~ &r ~ ~~' ~ -. ~i _ .tom ~ ~ ~ . ;' (D O~ 1 cn o ~ G,3 : ~ ~ s ~- ~ _~, ~ - ~ . 1 . ~ ~ ~, i E1 ~-~: fl ~-fl_~:~ B=II-~-F~ fig €~~~ H 4 bS ~7 ~ ~~:~-a- c ~l•_~-~ ': ~-®i n ity until tin T :October 11, 2011 11" lJ : 7 CLERKS oFF~cE F-Na~, Acr~oN DATE: I E-MSTAFD TOI AGENCY I APPLICANT I NOTES I INITIALS C E A , A TILE A CANS S ITI ACT A N 0 E TAT ACT In accordance with the requirements of title II of the Americans with Disabilities Act of 1990 ("ADA") and Section 504 of the Rehabilitation Act, the City of Meridian will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities. E~aployment: The City of Meridian does not discriminate on the basis of disability in its hiring or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under title I of the ADA. effective Commacrzication: The City of Meridian will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in Meridian's programs, services, and activities, including qualified sign language interpreters, documents in Braille, and other ways of malting information and communications accessible to people who have speech, hearing, or vision impairments. Motli~ctrtions to Policies o~zd Proceclufes: The City of Meridian will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities. For example, individuals with service animals are welcomed in City offices, even where pets are generally prohibited. Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of the City of Meridian, should contact the office of the City Clerk or ADA/504 Coordinator Bill Nary as soon as possible but no later than 48 hours before the scheduled event. The ADA and Section 504 do not require the City of Meridian to tape any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden. Complaints that a program, service, or activity of the City of Meridian is not accessible to persons with disabilities or otherwise subjects a person to discrimination based upon disability should be directed to Bill Nary, ADA/504 Coordinator. The City of Meridian will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs. CITY IA A Grievance Procedure under The A ericas with inabilities Act and Section 0 of the eabilitation Act This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 ("ADA") and Section 504 of the Rehabilitation Act. These statutes prohibit discrimination by any program or activity that receives federal funds or is a public entity. Discrimination includes exclusion from participation, denial of program benefits or other acts of discrimination against a person with a disability. This grievance procedure may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the City of Meridian. The City's Personnel Policy governs employment-related complaints of disability discrimination. The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem. Alternative means of filing complaints, such as personal interviews or an audio recording of the complaint will be made available for persons with disabilities upon request. The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later than 60 calendar days after the alleged violation to: Bill Nary ADA/504 Coordinator 33 East Broadway Avenue, Meridian ID 83642 Within 15 calendar days after receipt of the complaint, the ADA Coordinator or his designee will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, the ADA Coordinator or his designee will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio recording. The response will explain the position of the City of Meridian and offer options for substantive resolution of the complaint. It is unlawful for the City of Meridian to retaliate against anyone who files a grievance or who cooperates in the investigation of the grievance. If the response by the ADA Coordinator or his designee does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision within 15 calendar days after receipt of the response to the Mayor or her designee. GRIEVANCE PROCEDURE UNDER THE AMERICANS WITH DISABILITIES ACT AND SECTION 504 OF THE REHABILITATION ACT - PAGE 1 of 2 Within 15 calendar days after receipt of the appeal, the Mayor or her designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the Mayor or her designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint. All written complaints received by the ADA Coordinator or his designee, appeals to the Mayor or her designee, and responses from these two offices will be retained by the City for at least three years. The availability and use of this grievance procedure is not a prerequisite to, nor does it impair, the filing a complaint of discrimination with any appropriate federal or state agency. The time allowed for filing a complaint with another agency maybe longer than allowed under the City's grievance procedure. GRIEVANCE PROCEDURE UNDER THE AMERICANS WITH DISABILITIES ACT AND SECTION 504 OF THE REHABILITATION ACT - PAGE 2 of 2 I•i i n ity until tin T :October 11, 2011 I $A J ~ o A 09®001 ITEM TITLE: Ordinance No. ~~~~ (Goff) for the Annexation of a Parcel of Land Located in the SE 1 /4 of Section 1 1, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho MEETING NOTES CLERKS OFFICE FINAL ACTION ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAH010I13I11 10:19 AM DEPUTY Bonnie Oberbillig I~) ~ I~ ~~ I~ I ~II (~~) I) I ~II ~I RECORDED-REQUEST OF 1110$~~~1 ~ Meridian City CITY OF MERIDIAN ORDINANCE NO. ' BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 09-001 - GOFF) FOR ANNEXATION OF A PARCEL OF LAND LOCATED INTHE SE'/4 OF SECTION 11, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R-8 TO C-N (NEIGHBORHOOD COMMERCIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to-wit: Virtual Keystrokes, LLC. SECTION 2. That the above-described real property is hereby annexed and re-zoned from R-8 to C-N (Neighborhood Commercial District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. ANNEXATION - AZ 09-001 GOFF Page 1 of 3 SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. 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 upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~ ~ • - -day of L~ , 2011. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of _~(! , 2011. MAYO A MY de WEERD ATTEST: JAYCEE L. HOLMAN, CITY CLERK Go~o~,Tan a u~~,Sr',.o ~ ~ City of E IDR IDAHO a ~ ~~ yr~Pt~fdt TQEAEU~~y! ANNEXATION - AZ 09-001 DOFF Page 2 of 3 STATE OF IDAHO, ~ ss: County of Ada ) ~l~ On this ~ ~ day of 0~,~~_,~6$9; 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 WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ®®....,® ®®1GP-_ JO~~®® . (SEAL) W~~.~O~ AR~'~~ ARY PUB IC FOR ID O ®~~' ~, IDING AT: -.,IQ.v~~~ar~ ~_~ MY COMMISSION EXPIRES: ~~ ~l . ~a V) o `, ~ • ~, ; o • ,~,, 1 '~. •~~5~~ TE _~~, 19 0° ••..... ANNEXATION - AZ 09-001 DOFF Page 3 of 3 ,Legal Description ANNEXAT]ON DIaSCCtlPTION roR THP: crrY a>i ,ti>I~RrotAiv, IbAt~a JKREIvI1;Y l?iAM12ICK A parcel located in the SE %d of Section L I, Township 3 North, Range I West, Boise Meridian, Jdaho, Ada County, Idaho, more particularly d~scribcd as follows: Commencing at an aluntinurtx cap monument marking the northeasterly tamer of said SE !(. from winch a brass cap monument marking tho ttarthtivcsttrly comer of said SB'/. hears TI 89.°11'1.8" ~~ a distance of 2655,26 feet; Thence N 89°l l' l $" W along the nortltcrty boundary of said S$'/ a distance pf 380,00 feet to the POINT OP BEGINNING; Thence contiwuing N 89° t I' l 8" W a distance of 131.70 feet to a paint; Theme leaving said northerly Goundary $ 0°48'42" W n distnncc of 283A0 feet to a point; Thepcc'S 89°l 1' 1.8" E a disiancc of 133.10 feet to n point; `fttcucc N 0°31'38" E a distance of283.OD feet to dhe POINT OF BEGINNING. 7`his parcel contains 0.$G acres, more or less. This description was prepared from record information ttnd na field survey was perfottued. Civi] Snrvay Consultants, Incorpornted is not liable or responsible far any discrepancies that a field survey might disclose. Pccparcd by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated November 7, 2008 REVI PP OVAL. 3Y NdV 12 20Q8 MERIDIAN Pl1HUC WtlRK3 DEPT. B. SKETCH TO ACCOMPANY ANNEXAT/ON DESCR/PT/ON FDf?~ TKE CITY OF MERIDIAN LOCATED' IN THE SE 1/~¢ OF SECT/ON 11, TONiNS~//P .3 NORTH, RANEE 1 `WES7; 80/5E MER/DIAN, ADA COUNTY, 1DAHD. U 7~ a t~ °zz"~ 4X ~'' ~ p 3 ~y m NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO LC. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 11- /y~ PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for a parcel of land located in the SE '/a of Section 11, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho. This parcel contains .86 acres more of less. Also, this parcel is SUBJECT TO all easements and rights-of--way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the 17~ day of ~ TBCnva 11. 04' ~! n .+~~Y~' roAwo of idian -~ Mayor and City Council "goy SEAL ,y By: Jaycee L. Holman, City Clerk r~~ °~ r j ~ raF ~s~°~'~~ First Reading: /U - // - Z Dl/ Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES / NO Second Reading: Third Reading: _ STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 11- / ~/ 9 7 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. 09- 1 N 9 7 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 ~ day of (C~C~~- , 2011. William. L.M. Nary City Attorney ORDINANCE SUMMARY - AZ 09-001 G OF'F Page 1 ~-i ®n ®ty cenil tin °f :October 11, 2011 11°' lJ J `f ITEM TITLE: Future Meeting Topics MEETING NOTES CLERKS OFFICE FINAL ,4CTlON DATE: I E-MSTAFF TOI AGENCY ( APPLICANT ( NOTES I INITIALS