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2013-08-13E IDIAN ~ CITY COUNCIL WORKSHOP MEETING AGENDA AMENDED AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, August 13, 2013 at 3:00 PM 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Adoption of the Agenda Adopted 4. Consent Agenda Approved A. MFP 13-001 McNelis Subdivision by Ten Mile Investments, LLC Located Northwest Corner of N. Ten Mile and W. Ustick Road Request: Modification to the Final Plat to Remove a 20-Foot Wide Landscape Easement on Lots 3, 5 and 9, Block 1 of McNelis Subdivision B. FP 13-033 Bridgetower Estates by Cottonwood Development, LLC Located North Side of W. McMillan Road, Midway Between N. Black Cat Road and N. Ten Mile Road Request: Final Plat Approval Consisting of Sixty-Three (63) Residential Lots and Nine (9) Common Lots on Approximately 27.10 Acres in an R-4 Zoning District C. FP 13-034 Bellabrook Subdivision by ZWJ Properties, LLC Located 300 S. Locust Grove Road Request: Final Plat Approval Consisting of Twenty-Six (26) Building Lots and Four (4) Common Lots on 4.38 Acres of Land in an R-15 Zoning District D. Findings of Fact, Conclusions of Law for Approval: RZ 13-004 Valenti Rezone by Jeanne Valenti Located Northwest Corner of N. Meridian Road and W. Washington Street Request: Rezone of 0.34 of an Acre from the R-4 (Medium-Low-Density Residential) Zoning District to the O-T (Old Town) Zoning District Meridian City Council Meeting Agenda -Tuesday, August 13, 2013 Page 1 of 5 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. E. Findings of Fact, Conclusions of Law for Approval: MDA 13-012 Accolade by Fields at Gramercy, LLC Located Sauth of E. Overland Road and West of S. Bonito Way Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Amend the Accolade Development Agreement (instrument #192107771} to Reduce the Required Number of Carports F. Findings of Fact, Conclusions of Law for Approval: PP 13-009 Touchstone Place by Iron Mountain Real Estate, Inc. Located South Side of E. Fairview Avenue and West of N. Stonehenge Way Request: Preliminary Plat Approval Consisting of Sixteen {16} Multi-Family Lots and Six {6) Common Lots on Approximately 4.38 Acres in an Existing R-95 Zoning District G. Findings of Fact, Conclusions of Law for Approval; CUP 93-003 Touchstone Place by Iron Mountain Real Estate, inc. Located South Side of E, Fairview Avenue and West of N. Stonehenge Way Request: Conditional Use Permit Approval for Sixty-Four (64) Multi-Family Dwelling Units in an Existing R-15 Zoning District H. Findings of Fact, Conclusions of Law for Approval; MDA 93-011 Touchstone Place by Iron Mountain Reai Estate, inc. Located South Side of E. Fairview Avenue and West of N. Stonehenge Way Request: Modify Certain Provisions Approved with the Recorded Development Agreement (Instrument #146187989} I. Findings of Fact, Conclusions of Law for Approval: VAR 93-003 Plovanich by John Plovanich Located at 983 E, Tuweep Street Request: Variance #o UDC 19-2A-3D.3, Which Prohibits Accessory Structures From Encroaching into the Required Side Yard J. Final Order for Approval: FP 93-028 Fleron Ridge Estates Subdivision by Mason & Stanfield, inc. Located North of Chinden Boulevard, South of the Phyllis Canal and Approximately a 1I2 Mile East of N. Black Cat Road Request: Final Plat Approval Consisting of Ten (10} Single Family Residential Lots and Four (~} Common Lots on Approximately Six {6} Acres in an R-2 Zoning District I'(. Final Order for Approval: FP 13-031 Fall Creels Subdivision No. 1 by Coleman Homes, LLC Located West Side of S. Stoddard Road and North of W. Victory Road Request: Final Plat Approval Consisting of 93 Single- Family Residential Building Lots and 93 CommonlOther Lots on 39.67 Acres of Land in an R-8 Zoning District L. Final Order for Approval: FP 13-030 Reflection Ridge Subdivision No, 2 by Chist Todd, T-O Engineers Located West of S. Locust Grove Road and North of E. Amity Road Request: Final Plat Approval Consisting of Twelve Meridian City Council Meeting Agenda - Tuesday, August 13, 2013 Page 2 of 5 All materials presented at public meetings shaft become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andlor hearing, please contact the City Clerk's Office at 888-4433 at feast 48 hours prior to the public meeting. (12) Building Lots and Two (2) Common 1 Other Lots on 5.41 Acres of Land in an R-8 Zoning District M, Final Order for Approval: FP 13-032 Paramount Commercial Southwest Subdivision No. 3 by Brighton Investments Located Near the Northeast Corner of W. MclUlillan Road and N. Linder Road Request: Final Plat Approval Consisting of One (1} Building Lot on Approximately 6.84 Acres of Land in a C-G Zoning District N. Resolution No. 13-934: CPAM 12-007 Woodburn West Subdivision by Northside Management Located North of W, Ustick Road, Approximately 114 Mile East of N. Linder Road Request: Amend the Future Land Use Map Contained in the Comprehensive Plan to Change the Land Use Designation on 6.8 -~1- Acres of Land from Mixed Use-Community {MU-C) with a Neighborhood Cen#er (N.C.) Overlay to MDR (Medium Density Residential) O. Resolution No, 13-935: VAC 13-002 Accolade {aka Gramercy} by Field a# Gramercy, LLC Located South of E. Overland Road and West of S, Bonito Way, Befinreen E. Blue Horizon Drive and the Ridenbaugh Canal Request: Vacate the Following Easements: 1} A Portion of the 10-Foot Wide PUDI and Landscape Easement Along the South Boundary of Lots 2 and 3, Block 7; 2) City of Meridian Water and Sewer Easements Along the North Boundary of Lots 1, 2 and 3, Block 7 Piatted with Gramercy Subdivision; AND 3} a 25-Foot Wide Emergency Vehicle Access Easement Along the Shared Lot Lines of Lot 2 and 3, Block 7 Recorded as Instrument #108013634 P. Approval of Bid Award and Contract to AME Electric, Inc for the ""Well 20 Sites, Well 24 and Well 14 Control System Upgrades" Project for the Not-to- Exceed Amount of $209,000.00 Q, Reimbursement Agreement for Connection to Sewer Service at 1507 N. Meridian Road for an amount not to exceed $19,938.00 R. Merid"ran Community Block Party 2013 Presenting Sponsorship Agreement Between Rehab Authority and the City of Meridian for aNot-To-Exceed Amount of $1,500.00 S. Pedestrian Easement Agreement with Ada County Highway District as part of the Ground Reservoir #2 and Booster Pump Station Project T. Recreational Pathway Easement for Rushmore Subdivision U. Sewer Easement for Rushmore Subdivision V. Water Main Easement for Rushmore Subdivision Meridian City Council Meefing Agenda -Tuesday, August 13, 2013 Page 3 of 5 Al[ ma#erials presen#ed at public meetings shall became property of the City of Meridian. Anyone desiring accommodation for disabili#ies related #o documents and/or hearing, please contact the City Cleric's Office at 888-4433 at least 48 hours prior to the public meeting. W. Sewer and Water Main Easement for Rushmore Subdivision X. Sewer and Water Main Easement for Mulberry Subdivision Y. Pump Station Operation and Maintenance Agreement for Meridian Ground Reservoir #2 and Booster Pump Station with Nampa & Meridian Irrigation District Z. License Agreement with Nampa & Meridian Irrigation District to Encroach within the Easement of the Ten Mile Creek and to Discharge into the Ten Mile Creek AA. Agreement for Use of Kleiner Park for Barley Brothers Traveling Beer Show Special Event Pulled off of Consent and Moved to Item 6/Moved to 8/20113 agenda BB. CableONE Movie Night in Meridian 2013 Single-Night Sponsorship Agreement Between Westside Body Works and the City of Meridian for a Not-to-Exceed Amount of $350.00 CC. Resolution No. 13-936: Authorizing The City Clerk To Destroy Certain Semi-Permanent Records Of The Meridian Police Department 5. Community Items/Presentations A. Police Department: Idaho Chiefs of Police Association Presenting Accreditation Plaque to the Meridian Police Department 6. Items Moved From Consent Agenda Item 4AA Moved Here 7. Action Items A. Public Hearing: Proposed Fall 2013 Fee Schedule of the Meridian Parks and Recreation Department B. Resolution No. 13-937: A Resolution Adopting the Fall 2013 Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date Approved C. Meridian Arts Commission recommendation on Meridian Road Interchange Overpass Public Art Project Approved Meridian Arts Commission Recommendation 8. Department Reports Meridian City Council Meeting Agenda -Tuesday, August 13, 2013 Page 4 of 5 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. A. City Clerk's Office: Appeal of Denial of TUP-13-0065 The Pursuit Worship Service by The Pursuit Granted Approval of Appeal B. Mayor's Office: Community Liaison Update C. Human Resources/Legal Department: Mayor and City Council Compensation Report D. Human Resources/Legal Department: Ordinance No. 13-1567: An Ordinance Amending Title 1, Chapter 6, Section 5, Meridian City Code, regarding Compensation for the Mayor of Meridian Approved E. Human Resources/Legal Department: Ordinance No. 13-1568: An Ordinance Amending Title 1, Chapter 7, Section 9, Meridian City Code, Regarding Compensation for the City Council Members of the City of Meridian Approved F. Community Development: Discussion of Potential Unified Development Code (UDC) Changes - Potential Code Changes Include: Fencing Requirements; Common Driveways; Development Over Irrigation Easements; and Other Miscellaneous Clean-up Items. G. Legal Department: Settlement Agreement in Eastern Oregon Construction vs. City of Meridian Approved H. Community Development: Update on Certain Plans, Projects and Initiatives in Downtown Meridian, Including an Upcoming Demonstration Project and Roadway Cross-Section Study 9. Future Meeting Topics Adjourned at 5:42 p.m. Meridian City Council Meeting Agenda -Tuesday, August 13, 2013 Page 5 of 5 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 Workshop August 13, 2013 A meeting of the Meridian City Council was called to order at 3:00 p.m., Tuesday, August 13, 2013, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Brad Hoaglun, Charlie Rountree, David Zaremba, and Keith Bird. Others Present: Bill Nary, Jaycee Holman, Caleb Hood, Nancy Radford, Justin Lucas, Brian McClure, Jeff Lavey, Scott Colaianni, John Overton, Jeff Niemeyer, Emily Kane, Robert Simison, Patrick Dilley 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 this meeting started. I'd first like to welcome all of you to this City Council meeting. We always like to see friendly faces out in our audience, so thank you for joining us. For the record it is Tuesday, August 13th. It 3:00 p.m. Madam Clerk, will you start with roll call attendance. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. Holman: Madam Mayor, we have two Boy Scouts who are going to come up and lead us. De Weerd: Okay. Emmett and Caleb, would you like to come and lead us in the pledge. Sorry, I didn't look at my little note. (Pledge of Allegiance recited.) De Weerd: If I could -- boys. Emmett and Caleb. Present a City of Meridian pin to you. Come on up. This is for your leadership in leading us in the pledge to our flag. Thank you. Item 3: Adoption of the Agenda De Weerd: Item No. 3 is the adoption of the agenda. Hoaglun: Madam Mayor? Meridian City Council Workshop August 13, 2013 Page 2 of 57 De Weerd: Mr. Hoaglun. Hoaglun: A couple items to note on today's agenda. 4-N is Resolution No. 13-934. 4-O is Resolution No. 13-935. And 4-CC is Resolution No. 13-936. 7-B is Resolution 13-937. 8-D is Ordinance No. 13-1567. And 8-E is Ordinance No. 13-1568. So, with those noted, Madam Mayor, I move adoption of the agenda as printed. Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda as printed. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 4: Consent Agenda A. MFP 13-001 McNelis Subdivision by Ten Mile Investments, LLC Located Northwest Corner of N. Ten Mile and W. Ustick Road Request: Modification to the Final Plat to Remove a 20-Foot Wide Landscape Easement on Lots 3, 5 and 9, Block 1 of McNelis Subdivision B: FP 13-033 Bridgetower Estates by Cottonwood Development, LLC Located North Side of W. McMillan Road, Midway Between N. Black Cat Road and N. Ten Mile Road Request: Final Plat Approval Consisting of Sixty-Three (63) Rsidential Lots and Nine (9) Common Lots on Approximately 27.10 Acres in an R-4 Zoning District C. FP 13-034 Bellabrook Subdivision by ZWJ Properties, LLC Located 300 S. Locust Grove Road Request: Final Plat Approval Consisting of Twenty-Six (26) Building Lots and Four (4) Common Lots on 4.38 Acres of Land in an R-15 Zoning District D. Findings of Fact, Conclusions of Law for Approval: RZ 13-004 Valenti Rezone by Jeanne Valenti Located Northwest Corner of N. Meridian Road and W. Washington Street Request: Rezone of 0.34 of an Acre from the R-4 (Medium-Low-Density Residential) Zoning District to the O-T (Old Town) Zoning District E. Findings of Fact, Conclusions of Law for Approval: MDA 13- 012 Accolade by Fields at Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way Between E. Blue Meridian City Council Workshop August 13, 2013 Page 3 of 57 Horizon Drive and the Ridenbaugh Canal Request: Amend the Accolade Development Agreement (Instrument #112107771) to Reduce the Required Number of Carports F. Findings of Fact, Conclusions of Law for Approval: PP 13-009 Touchstone Place by Iron Mountain Real Estate, Inc. Located South Side of E. Fairview Avenue and West of N. Stonehenge Way Request: Preliminary Plat Approval Consisting of Sixteen (16) Multi-Family Lots and Six (6) Common Lots on Approximately 4.38 Acres in an Existing R-15 Zoning District G. Findings of Fact, Conclusions of Law for Approval: CUP 13- 003 Touchstone Place by Iron Mountain Real Estate, Inc. Located South Side of E. Fairview Avenue and West of N. Stonehenge Way Request: Conditional Use Prmit Approval for Sixty-Four (64) Multi-Family Dwelling Units in an Existing R-15 Zoning District H. Findings of Fact, Conclusions of Law for Approval: MDA 13- 011 Touchstone Place by Iron Mountain Real Estate, Inc. Located South Side of E. Fairview Avenue and West of N. Stonehenge Way Request: Modify Certain Provisions Approved with the Recorded Development Agreement (Instrument #106187189) Findings of Fact, Conclusions of Law for Approval: VAR 13- 003 Plovanich by John Plovanich Located at 983 E. Tuweep Street Request: Variance to UDC 11-2A-3D.3, Which Prohibits Accessory Structures From Encroaching into the Required Side Yard J. Final Order for Approval: FP 13-028 Heron Ridge Estates Subdivision by Mason & Stanfield, Inc. Located North of Chinden Boulevard, South of the Phyllis Canal and Approximately a 1/2 Mile East of N. Black Cat Road Request: Final Plat Approval Consisting of Ten (10) Single Family Residential Lots and Four (4) Common Lots on Approximately Six (6) Acres in an R-2 Zoning District K. Final Order for Approval: FP 13-031 Fall Creek Subdivision No. 1 by Coleman Homes, LLC Located West Side of S. Stoddard Road and North of W. Victory Road Request: Final Plat Approval Consisting of 93 Single-Family Residential Building Lots and 13 Common/Other Lots on 39.67 Acres of Land in an R-8 Zoning District Meridian City Council Workshop August 13, 2013 Page 4 of 57 L. Final Order for Approval: FP 13-030 Reflection Ridge Subdivision No. 2 by Chist Todd, T-O Engineers Located West of S. Locust Grove Road and North of E. Amity Road Request: Final Plat Approval Consisting of Twelve (12) Building Lots and Two (2) Common /Other Lots on 5.41 Acres of Land in an R-8 Zoning District M. Final Order for Approval: FP 13-032 Paramount Commercial Southwest Subdivision No. 3 by Brighton Investments Located Near the Northeast Corner of W. McMillan Road and N. Linder Road Request: Final Plat Approval Consisting of One (1) Building Lot on Approximately 6.84 Acres of Land in a C-G Zoning District N. Resolution No. : CPAM 12-007 Woodburn West Subdivision by Northside Management Located North of W. Ustick Road, Approximately 1/4 Mile East of N. Linder Road Request: Amend the Future Land Use Map Contained in the Comprehensive Plan to Change the Land Use Designation on 6.8 +/- Acres of Land from Mixed Use- Community (MU-C) with a Neighborhood Center (N.C.) Overlay to MDR (Medium Density Residential) O. Resolution No. :VAC 13-002 Accolade (aka Gramercy) by Field at Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way, Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Vacate the Following Easements: 1) A Portion of the 10-Foot Wide PUDI and Landscape Easement Along the South Boundary of Lots 2 and 3, Block 7; 2) City of Meridian Water and Sewer Easements Along the North Boundary of Lots 1, 2 and 3, Block 7 Platted with Gramercy Subdivision; AND 3) a 25-Foot Wide Emergency Vehicle Access Easement Along the Shared Lot Lines of Lot 2 and 3, Block 7 Recorded as Instrument #108013634 P. Approval of Bid Award and Contract to AME Electric, Inc for the "Well 20 Sites, Well 24 and Well 14 Control System Upgrades" Project for the Not-to-Exceed Amount of $209,000.00 Q. Reimbursement Agreement for Connection to Sewer Service at 1507 N. Meridian Road for an amount not to exceed $19,938.00 Meridian City Council Workshop August 13, 2013 Page 5 of 57 R. Meridian Community Block Party 2013 Presenting Sponsorship Agreement Between Rehab Authority and the City of Meridian for aNot-To-Exceed Amount of $1,500.00 S. Pedestrian Easement Agreement with Ada County Highway District as part of the Ground Reservoir #2 and Booster Pump Station Project T. Recreational Pathway Easement for Rushmore Subdivision U. Sewer Easement for Rushmore Subdivision V. Water Main Easement for Rushmore Subdivision W. Sewer and Water Main Easement for Rushmore Subdivision X. Sewer and Water Main Easement for Mulberry Subdivision Y. Pump Station Operation and Maintenance Agreement for Meridian Ground Reservoir #2 and Booster Pump Station with Nampa & Meridian Irrigation District Z. License Agreement with Nampa & Meridian Irrigation District to Encroach within the Easement of the Ten Mile Creek and to Discharge into the Ten Mile Creek BB. CableONE Movie Night in Meridian 2013 Single-Night Sponsorship Agreement Between Westside Body Works and the City of Meridian for aNot-to-Exceed Amount of $350.00 CC. Resolution No. :Authorizing The City Clerk To Destroy Certain Semi-Permanent Records Of The Meridian Police Department De Weerd: Item 4 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun Hoaglun: Under 4-N, as noted earlier that's Resolution No. 13-934 and 4-O is Resolution No. 13-935. And I also want to request that we remove Item 4-AA and move that to Item 6. And, then, as noted Item 4-CC is Resolution No. 13-936. So, Madam Mayor, with the removal of AA I move we approve the Consent Agenda and the Mayor to sign and the Clerk to attest. Meridian Ci[y Council Workshop Augusl 13, 2013 Page 6 of 57 Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as changed. Any discussion? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Community Items/Presentations A. Police Department: Idaho Chiefs of Police Association Presenting Accreditation Plaque to the Meridian Police Department De Weerd: Okay. We will move right into our agenda. 5-A is under Community Presentations. I will turn this over to who? Oh. Retired Chief Moore. What am I supposed to call you, chief? Moore: Chief. De Weerd: Okay. Chief. Moore: Chief. Mayor Tammy, Council, my name is Dave Moore. I'm the recently retired chief of police from the city of Blackfoot. After 36 years of law enforcement and 16 of those for the city of Blackfoot, I retired two months ago. De Weerd: Congratulations. Moore: Thank you. But it was very apparent that the chief didn't want me to leave, so they had me hang on to do their accreditation for at least the next year or two, so I have stayed on board to do the accreditation for the chiefs. So, that is why I'm here today with you today. Mayor Tammy and Council, I'd like to read a letter to you into your record if I could and, then, I will go into a brief explanation. Dear Mayor and Council Members, it's my pleasure to inform you that the Meridian Police Department has successfully completed the Idaho Chief of Police Association's accreditation process. Doing an on-site inspection by members of the Idaho Chief of Police Association accreditation crew on July 23 and 24th, 2013, your police department was found to be in compliance with all accreditation standards set the ICOPA. This milestone achievement came with no small effort. Our special thanks go out to Chief Jeff Lavey and his staff for taking this opportunity and putting forth their efforts in meeting accreditation standards set forth by ICOPA. This is an accomplishment that you and the citizens of Meridian can be proud of, because it demonstrates your dedication to maintain a progressive and professional police department for your community. Now, that's the official letter I'd like Meridian City Council Workshop August 13, 2013 Page 7 of 57 to submit into you for your council meeting minutes, but I want to take just a few minutes and explain to you I have been doing accreditation for the Idaho Chief of Police for 16 years, so I have been to Caldwell, Nampa, Boise, Twin Falls, Post Falls, Lewiston, Moscow and I had the opportunity to also do the City of Meridian accreditation. So, I have had an opportunity to see what they look like all across this state. Chief Lavey started on this project about three years ago. He probably could have finished that project up, but midstream they changed policies, along with what ICRMP recommended for several cities and that's to go to an Lexipol format. So, Chief Lavey had his staff change direction literally in the middle of the stream and go back and restart their accreditation process about two years ago and to work it into the Lexipol program and the policies and procedures set forth that are honored by ICRMP. But your chief did one thing even better on that. We found out that the Lexipol policies are not always in line with ICOPA standards that have been set. There are 95 set standards and criteria by the Idaho chiefs and it takes a lot of alignment to pull those in so that you get accreditation for the chiefs after you adopt the Lexipol policy. You're lucky enough that you have a member of your police department, Lieutenant Scott Colaianni, who sits on the Lexipol board and it was with Lieutenant Colaianni's help that we were able to correlate the guidelines that have been set by Lexipol and now correlate those into the accreditation standards for the Idaho Chiefs of Police Association. So, now the next city in the state that decides they want to do accreditation will have an advantage that nobody's ever had before and those efforts were put in place by the City of Meridian, the Meridian Police Department. So, I will tell you, I have done a lot of them, Mayor Tammy, but I have to tell you, this has got to be one of the best run ships I have seen in many, many, many years. It has to be. And I was so impressed to see the organization and everything that was in place -- we found literally nothing wrong to go over Chief Lavey with, other than one minor detail that we fixed the day we were here. I mean that just doesn't happen. But I have got to tell you, your volunteer program in this community is amazing. I cannot believe how many programs you have in place and how many volunteers you have step up to the plate to support your local police department, let alone the City of Meridian. So, I'm telling you, you have an excellent police department. I have to leave you with that today and I think they deserve a round of applause when I give Chief Lavey his plaque. The City of Meridian is the 14th city in the state of Idaho to receive accreditation. Coeur d'Alene should come on board next week and Ada County SherifFs Office, I met with their staff today, Sheriff Raney has decided he wants to be the first sheriff's office in the state to meet the accreditation standards set by the chiefs. So, we set some pretty high marks, but I will tell you Chief Lavey has done one heck of a job here for your city. Lavey: Madam Mayor and Council, you knew I couldn't sit down without saying a few words. It just shows that -- De Weerd: I knew I didn't even have to ask. Lavey: Yeah. It just shows that after two months of being retired he's already lost his mind, he doesn't know what he's talking about. I'm up here to accept this on behalf of the Meridian Police Department, but it's not -- excuse me -- it's not me that -- that Meridian Cily Council Workshop August 13, 2013 Page 8 of 57 deserves it. It is our staff and it's an unbelievable team and we have been working hard on this for about three years, but it really goes back to 16 years ago when we first started accreditation in the state of Idaho with the chiefs association, because Chief Gordon wanted to go for accreditation and it fell upon Chief Musser that also wanted to go and do accreditation. So, I always knew that that was their goal and it was my goal as well and, then, Chief Moore has already outlined some of the hiccups that we had gone through during the process in making it better for the next departments. But I do have to recognize a couple of people in that Lieutenant Scott Colaianni, as mentioned before, has been very instrumental in making this happen and really it's -- it's some of his skill sets that made it successful. Yes, he's a little anal. Yes, he's got an attention to detail. But he has a loyalty to the city and to this department that has made him persevere through this process. Even with a skiing injury and setting him back about six to eight months he persevered. De Weerd: We kind of like that light duty type of stuff there, lieutenant. Lavey: You know, he has -- he has an area of opportunity that you and I both have and that's an area of patience and that was truly a test of his patience, that light duty. But we took full advantage of it for this process. The other person I'd like to mention -- and I don't believe she's in the audience, but -- is she? Did she show up? Oh, there she is. Is Beth Erickson. And Beth Erickson actually came from another police department and had been through the accreditation process before, so it was secondhand to her, but the amount of documentation that she put forth was instrumental in making this successful. I know that a couple of the issues that came up is that the accreditation evaluation team said, well, you have stuff in here that conflicts with each other and I went and would look and that's because she gathered stuff that occurred in 2005 and she gathered stuff that occurred in 2013. I mean she had these -- these files packed with every documentation that she could come up with to the point where they didn't fit in the box anymore, so we had to go out and cull some of that. But that's just the type of person she is as far as her organization, attention to detail as well. So, it really falls on the shoulders of both Beth and Scott as to why we are here today. But it really even goes beyond them. It goes to our command staff who took ownership in this process. It goes to our FTOs, our field training officers, it goes to our subject matter experts, our trainers in the department and it goes back to the officers that the team rode with that night. Officer Salisbury, Officer Hodges, and Officer Price, who had to endure the stranger in their car. Officers don't like to have riders most often and we -- not only did we put a rider in their car, we put a -- really someone that's going to test them in their car and quiz them on topics that they had no idea what they were quizzed on while still having to do their job out there on the street and they represented us well, too. So, it really goes to everybody in the police department and, Scott, did you want to say anything at all? Colaianni: Sure. De Weerd: He's someone else you don't need to ask. Meridian City Council Workshop August 13, 2013 Page 9 of 57 Lavey: Scott has been on vacation for -- you know, he worked so hard on this he went on vacation. I told him I said I want to -- I want to give you something, I want to give you some time off or something. He says I will be sure to take you up on that. The next day I sent him an a-mail and his out of office was already on. So, he didn't waste any time leaving. Now, Beth, she still needs her vacation. So, Scott, why don't you come forward. Colaianni: I'm Italian, so I have a lot to say. Madam Mayor, Council Members, I will just be very brief. This -- I don't own all this. There was a lot of help I had in this process. I was just the one that was pushing a lot of the buttons, but it is -- it was a great honor in working with the rest of the staff to put this together. You know, what Chief Moore had said, you know, really kind of resonated with me. We worked hard and I believe we have the best department in the state. The programming we have, the volunteers, and my goal from the very beginning and it still will be until I retire is to make our department the most accountable and professional department in the state of Idaho and I think we just took a huge step in there through this certification. I'm going to continue to work on some other things that with the training and everything we have in place now we are in a good spot -- we are in a very very good spot. So, thank you for the opportunity. Rountree: Thank you. De Weerd: Thank you, lieutenant. Anything further, chief? Lavey: No De Weerd: Chief Moore, we appreciate you joining us and certainly delivering such a positive message. We have known and firmly believe that we have the best police department in the state, if not beyond, and it's nice to see it validated and I do know a lot of work went into that and we appreciate all the hands that were a part of this, because we know that there are many and, chief, to you our congratulations for just putting another feather in the cap of the accomplishments of the police department and the recognition you have been so well deserving. Any comments from Council? Zaremba: Madam Mayor, if I may, I just would like to add that I have had a great deal of respect for our police department all along and my contact with the citizens leads me to believe that Meridian citizens are very happy with our police department and the individuals with whom they have had contact in the police department, so just by feeling I have been proud of our police department and I think it's wonderful to have such a prestigious organization validate that as the Mayor said, and to tell us that we got something really good going here, so I appreciate it. I appreciate what the police department does all the time and the individuals in it and I appreciate the validation that we are not just making this up. De Weerd: Just one last comment. You know that in emergency services the guys in the red truck always pull up and they are the heroes, because when a police car pulls up in front of a home there is usually some real serious issues and they are not always Meridian City Council Workshop August 13, 2013 Page 10 of 57 seen as the heroes. They are our unsung heroes. We appreciate what you do to keep our streets safe and our neighborhoods safe and what you do in our communities have really lent to continue to be in the top spots and safest communities in our state led to the designation of the 42nd safest community in the nation. Those -- those don't go unnoticed, but what I appreciate is I have seen that trend where many of the comments I got were concerns or usually comments regarding a negative experience with our police department. It's always been unfounded, but now I'm getting positive comments from our citizens and you see that trend shifting. It's because of the professionalism and, yes, lieutenant, the accountability that our police officers are taking responsibility and ownership for. I appreciate the attitude, the ever changing culture of wanting to be the best and understanding that you are all public servants and you're serving our community with dignity and integrity and that's greatly appreciated. So, thank you and congratulations. Well deserved. Item 6: Items Moved From Consent Agenda AA. Agreement for Use of Kleiner Park for Barley Brothers Traveling Beer Show Special Event De Weerd: Okay. We did have an item moved from the Consent Agenda, Item 6-AA. Nary: Madam Mayor, Members of the Council, we asked to remove that contract agreement for the Barley Brothers Traveling Beer Show event. That's not this coming weekend, it's the following weekend. We found out today they don't -- they had not secured medical coverage for the event, so we have asked to pull that. They still have time to do that before the event, but they didn't get that done. They had contacted Ada county, Ada county was contacted by our department, they have said, yes, they have been contacted once, but they have no agreement. So, we have asked to pull that. They have time in which to get that complete. If not, then, the event would likely be -- the permit would actually -- could be pulled if they don't get it done, but they have one more week. De Weerd: Okay. Thank you, Bill. Any questions from Council? Bird: I have none. Rountree: No. De Weerd: So, I assume it will be on next week's agenda? Nary: Yes, ma'am. Item 7: Action Items A. Public Hearing: Proposed Fall 2013 Fee Schedule of the Meridian Parks and Recreation Department Meridian City Council Workshop August 13, 2013 Page 11 of 57 De Weerd: Okay. Okay. Thank you. Item 7-A is a public hearing regarding our Meridian Parks and Recreation Department schedule. Garrett. That's what I get. I didn't wear my glasses. Dilley: Madam Mayor, Members of the Council, we had a successful summer in the parks and the community center with our programs this summer and especially at the elementary schools and we'd like to thank you again for securing that agreement with Joint School District No. 2 and our campers and our staff greatly benefitted from the added space and classroom space, green space, playground space for our camps. We were getting a little cramped over there at the community center, but -- so we appreciate that and the ability to serve north and south Meridian with those programs. Let's see. We are all -- now we look forward to the fall season, some cooler weather hopefully soon and the fall edition of our parks and recreation activity guide. Before you should be the Meridian Parks and Rec Department proposed new editions and changes to the fee schedule. We have some new classes and activity editions as you can see and added fees for our newest edition to Christmas in Meridian, the Winter Light Parade, as well as entry fees. With that I will stand for questions. De Weerd: Thank you, Patrick. Any questions from Council? Rountree: I have none. De Weerd: Okay. We don't have any questions for you, Patrick. I will see if there is any comments from our citizens. Thank you. Dilley: Thank you for your time. De Weerd: Okay. This is a public hearing. Is there anyone who would like to provide comment on this item? Patrick, it was so comprehensive there is just no comment. Dilley: Thank you. De Weerd: Council -- Zaremba: Madam Mayor? De Weerd: -- no further questions or testimony, do I have a motion to close this item? Zaremba: Seeing nobody coming forward I move we close Item 7-A the fall fee schedule for parks and recreation. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on Item 7-A. All those in favor say aye. All ayes. Motion carried. Meridian City Council Workshop August 13, 2013 Page 12 of 57 MOTION CARRIED: ALL AYES. B. Resolution No. : A Resolution Adopting the Fall 2013 Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date De Weerd: Item 7-B is the resolution to 7-A, which is 13-937. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve Resolution 13-937. Rountree: Second. De Weerd: I have a motion and a second to approve Item 7-B. If there is no discussion, Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Meridian Arts Commission recommendation on Meridian Road Interchange Overpass Public Art Project De Weerd: Item 7-C is a report from our Meridian Parks -- or Arts Commission. Who is going to give this one? Emily or Stephanie? Did Bill leave at a convenient time? Kane: No. Actually -- I actually thought it was going to be Robert, but I'm prepared. I can go for it. Maybe I misunderstood. I will shoot from the hip. So, as the Council is aware, a call to artists was released for the Meridian Road interchange overpass public art project I believe this summer -- in July. The selection panel met on July 23rd and there were three submissions. The selection panel's charge was to narrow the field to five, so that was easy. Those three submissions were forwarded for public input and we have received a number of comments. There was a town hall meeting and another meeting sponsored by ITD. The public comment seems to favor the submission by Alicia Dyson and at their meeting on August 8th the Meridian Arts Commission considered the public input and the criteria in the call to artists and is recommending that the Council approve the selection of Alicia Dyson's design for -- as the concept plan for the Meridian Road interchange overpass. The scope of the call was really just for Meridian City Council Workshop August 13, 2013 Page 13 of 57 the design of the concept and not for implementation, but the selected design would be entitled to 2,500 dollars to -- for the city to purchase that design and implement it at a later date. That would be a second -- second phase. De Weerd: Thank you, Emily. Any questions for Emily? Zaremba: Madam Mayor, to clarify where the artwork is going, we are talking that it would be on the pedestrian fence railing over the top of the bridge on both sides. Is that -- am I correct? Is that where we are talking about? Kane: Correct. I'm not sure if it would be on both sides. I believe it would be on one side or the other. Zaremba: Okay Kane: Do you have in your packets a picture of the selected design? No? I would be glad to show that to you. Rountree: That would be great. Kane: Is that with this projector? We have the arts commissioner Stephanie Barnes is in the audience. She can also answer any questions. That's pretty small. The one I have is very small, so I'm going to try to pass those down. That would be great. These are the two other submissions and a fourth is -- is the one that came from staff that was kind of the default, the third design that you're familiar with. The one on the overhead is the selection. Again, that was by Alicia Dyson. She writes that the design represents the Snake River and the natural textures and colors found in the surrounding wildlife and it's a Birds of Prey theme. So, I will pass that along as well and I will also include this -- the one from staff as well. Hoaglun: Madam Mayor? Madam Mayor? De Weerd: Yes. Hoaglun: A question for Emily. When you say it's only going to be on one side, do you mean it's going to be only on -- on the eastbound traffic? It will be only on the eastbound -- above the eastbound lanes and on the westbound traffic it's only going to be above the westbound lanes or is it just going to be on the east side or the west side? So, if you could clarify -- you or Robert could -- Simison: Thank you, Councilman Hoaglun. It's really designed to go on both sides of the interstate. It's really up to the city on whether or not they want to do both sides. Initially I thought is as you're coming from Caldwell that's the side that it most definitely would want to be on. But there is nothing prohibiting it from being on both sides mounted, it's just whatever the cost ends up being if we want to go down that road and do both. Meridian Cily Council Workshop Augusl 13, 2013 Page 14 of 57 Hoaglun: So, Madam Mayor and Robert, that is an option, instead of doing it all the way across, we could just go above the -- and that might look a little odd, but that is an option. One side. Both sides. Split on both sides. Simison: Everything is an option. Once you purchase the design you can work with the artist if we need to or we can make the changes ourselves to incorporate it. Hoaglun: Okay. Thank you. De Weerd: Mr. Zaremba. Zaremba: I would comment I like the design. I like the design, but I would like to see it on both sides if we can swing it. The exterior sides of the fence. It doesn't need to be on the inside. De Weerd: Well, I guess we will cross that bridge when we get to it. Zaremba: Yes. Rountree: I wasn't going to say that. De Weerd: You were waiting for me to, uh. Zaremba: Had to take an overpass at that. De Weerd: Any other questions for staff? So, what are the next steps, Emily, on this? You will bring back an agreement -- an artist's agreement? Kane: Yes. If City Council approves this or another design it would prepare a contract to be executed with the artist for the purchase of that design and, then, it would be essentially just a purchase of the design. De Weerd: Okay. Hoaglun: So, Madam Mayor, do we need a motion? De Weerd: Yes, we do. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move that we accept the Meridian Arts Commission recommendation of the Alicia Dyson design for the Meridian Road interchange overpass public art project. Meridian City Council Workshop August 13, 2013 Page 15 of 57 Rountree: Second. De Weerd: I have a motion and a second to approve the recommendation by the Meridian Arts Commission. Any discussion on this motion? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Thank you, Emily -- Kane: Thank you. De Weerd: -- for filling in for Robert. Kane: Thanks. Item 8: Department Reports A. City Clerk's Office: Appeal of Denial of TUP-13-0065 The Pursuit Worship Service by The Pursuit De Weerd: Okay. We will go ahead and move to Item 8-A under the City Clerk's office. Madam Clerk. Holman: Madam Mayor, Members of the Council. This is on for an appeal of a denial of a TUP for The Pursuit. I actually have Nancy Radford here of my staff that will present this item. Radford: Thank you. Thank you, Madam Mayor, Councilmen. Nancy Radford, Meridian City Clerk's Office. I will be going over the timeline of events for denial of the special event application for The Pursuit, file number TUP 13-065, which you have in your Council packet. October 10th of 2012 the organizers of The Pursuit, after having a successful 2012 event, booked Kleiner Park with Colin Moss for their September 1st, 2013, event. February 12th, 2013, I e-mailed all previous special event applicants, including The Pursuit, the updated ordinance proposal with the 30 day requirement, along with a copy of the new special event application. April 3rd, 2013, I e-mailed all previous special event applicants, including The Pursuit, with the large scale special event information, along with a copy of the proposed ordinance. July 31st, 2013, Colin Moss called the applicant to remind them that the application was due on August 2nd and spoke with Jeff Fish. August 2nd would have been the deadline. It came and went. The clerk's office, nor the parks department received an application. On August 6, 2013, I received three pages of a special event application via fax, then, two more pages later in the day. No site plan was included and they provided an expired Meridian City Council Workshop August 13, 2013 Page 16 of 57 certificate of insurance. August 7th that same day I spoke to Emily in our legal department about having to deny the application due to missing the 30 day deadline, as well as receiving a partial application. That same day, August 7th, I prepared and Jaycee Holman signed the denial letter, which was sent via a-mail to the applicant. August 7th as well Luke from The Pursuit called Jaycee Holman and sent an a-mail to appeal our denial, which you have before you. August 7th as well Luke from The Pursuit called Jaycee Holman another a-mail with questions about what they can do to now get their application approved, requesting copies of last year's application. On that same day Jaycee Holman responded by a-mail and Jacy Jones processed the request for last year's application as a public records request and sent the application via a-mail to Luke Dillon at The Pursuit. Yesterday the clerk's office received a more complete fax application from The Pursuit. Still some unclear information and an expired certificate of liability insurance. So, in summary, the applicant had a successful event in 2012. It was part of the temporary use special event changes notification. Unfortunately, this year, short of filling out the application for them staff made multiple attempts to get the applicant to apply for their TUP prior to their 30 day deadline. Not only did they miss their deadline, but what they ended up submitting was inadequate for the city to understand their plan and help prepare for their event from a public safety, park maintenance, or good neighbor standpoint. We work with applicants every day on how to complete an application and are very willing to go over every step with the applicant. There has to be a good faith effort on the part of the applicant as well. Facilitating this conversation and good customer service is why the ordinance was put in place to require that 30 day deadline. Thank you for your opportunity and I will stand for any questions. De Weerd: Council, any questions for Nancy? Bird: I have none. Rountree: I have none. Thank you. Zaremba: Madam Mayor? De Weerd: Is -- oh, Councilman Zaremba Zaremba: I just want to comment that earlier on the agenda we had a similar question about a group who was only missing one item, which they appear to be able to supply. So, my comment is these are not entirely parallel questions, since it sounds like you have much more missing from this one than just one item that can be fixed within the next week, so it sounds much more serious. Radford: Well, yes. Madam Mayor, Councilman Zaremba, this is a smaller event, so the 30 day deadline it -- I mean we are not -- certainly not talking anything as large as the item that was mentioned earlier, but, you know, the information is still important. About 700 to 900 people expected. Meridian City Council Workshop August 13, 2013 Page 17 of 57 De Weerd: Okay. I would ask the appellant if they have comments. Good evening -- or good afternoon. If you will, please, state your name and address for the record. Houck: My name is Chad Houck. I live at 6026 Moose Creek Way in Meridian. Mayor de Weerd, Members of the Council, first I wanted to offer our apology for having to take the Council's time with this matter. We accept full responsibility for the fact that the application did not make it in on the correct timeline. The communication wires got crossed in our office and we didn't realize that the date had passed or that it had not been submitted until just recently and that was why we immediately submitted by fax what we believed to be a complete application immediately after that. I do have a copy of the information we submitted and be happy to answer any questions regarding the site plan -- you mentioned the site plan was incomplete -- If there is any questions on that. But five minutes ago was the first time that we had noticed the expiration date on the insurance and on the application the date submitted on the top that we requested when we requested it from our insurance company was -- the form that was submitted was dated 8/6/2013. We just realized that the expiration date on that 2013 form was 2012 expiration date. So, that was a clerical error. I do have with me -- we have completed that since we got here. I do have the correct insurance form with me. So, that was my understanding that that was the only thing that was missing at this point. Anything else we are happy to correct immediately. We, as you mentioned last year, had a successful event. We had over 900 people that we were able to introduce to Kleiner Park. I actually had just moved back to Meridian after five years in Texas and being out of the state of Idaho and it is my first introduction, along with my family, to that park and we would love to be able to be back there again on the 1st to bring people back into that park again. So, if that's possible we certainly would be happy to do anything as expediently as we can to make that -- make that work for the city. De Weerd: Council, do you have questions? Hoaglun: Madam Mayor? De Weerd: Yes. Hoaglun: Just -- if they have the insurance certificate, Nancy, and the other information was the -- was the layout? Radford: I can provide -- I think it's part of your packet. I have the faxed copy of the application. Because it was faxed it's virtually unreadable. There is a copy -- a photocopy of a driver's license. There is a site plan that we don't understand what -- there is circles all over. I mean this is stuff that if -- if applicant's come in and talk to me and go over this stuff, I will fill the application out. I mean this is not -- it's -- it's incomplete and at this point now it's -- today's the 13th, so we are 13 days late -- or 12 days late. Zaremba: Madam Mayor? Meridian City Council Workshop August 13, 2013 Page 18 of 57 De Weerd: Mr. Zaremba. Zaremba: So, what would be your availability to sit down with staff in the next day or so and -- Houck: I'm available right now. Zaremba: -- and clear up those things? Houck: As far as the -- the use is concerned, we -- we specify on the -- I have the same copy of the map. The circles you're referring to are the band shell and A-2 space that are marked out and hashed out and if they didn't come clear on the fax, then, we can certainly clarify that, but it is -- we have got parking delineated. We have got probably sign locations delineated on the site map and we specified the areas of the amphitheater and the -- the picnic area that we were hoping to be able to utilized and those are both on the application -- marked out on the application as well. So, I'm absolutely happy to work with anyone to clarify anything. But, like I said, we weren't aware that the insurance aspect was even an issue until literally moments ago when I walked into the clerk's office to make sure that the application was complete as received by fax. So, we started -- when we heard that it still was not complete we start scouring over it and just came up with the insurance. Immediately sent an a-mail off and a phone call off, got that faxed here within about five minutes. We are really eager to make this event happen. We are responding as quickly as we can. We have had a lot of transition. I know that's not an excuse. I have been on the staff of The Pursuit for five days. We have had people moving around in positions. So, we are trying to get this done. I apologize for the experience you have had. That's certainly not the kind of experience we want people to have when they work with us. Holman: Madam Mayor? De Weerd: Yes. Holman: I would like to just note -- what really the issue is here is -- I'm sure they had a great event last year and I'm sure it would be a really nice event this year and something we would like to see in Kleiner Park or at least a use for that park. Really what I think the core of the issue is is that 30 day deadline for these big events and getting the public safety aspects and those details and items in place, so we have that information and can process it and deal with it and have enough time to -- to do that before the event takes place. I know for this one I had e-mailed Luke Dillon on Friday and we did mention that the -- we did mention the insurance certificate in there in my e-mail to him, so we have been going back and forth with this information with different -- I think a few different people at The Pursuit. Really, that's the crux of the issue here. We have missed a deadline. It wasn't a complete application. We couldn't process it or even really get a good idea of what this event might be, because we couldn't make the assumption it was going to be identical to last year. So, I guess that's really where we are at on this one, so -- and I would stand for any questions. Meridian City Council Workshop Augusl 13, 2013 Page 19 of 57 De Weerd: Well, Council, if it would be okay for all of you, if we can maybe ask Chad to sit down with Nancy and postpone an action by Council to see if you, indeed, can resolve these issues before the end of the Council meeting and just ask him to come up at the end. That gives a little bit of time to see if it's -- if it can be resolved. Holman: And, Madam Mayor, if I could -- De Weerd: Yes. Holman: Oh, thank you. If I could ask the application -- is there any possibility, since the 30 day deadline has gone and it -- are you sold on just this weekend or --that it has to be that weekend or is it something that you could move out a little bit further to have it at a later date and still be able to meet the 30 day deadline? Just wanting to know if that's -- Houck: Our hope is to be able to make this a Labor Day tradition Holman: Okay. Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would comment, one, on behalf of staff, that some of these are new rules, but we impose the deadline so that things could process in an orderly fashion and since we are discovering we are having bigger events in our parks and in particular Kleiner Park, we have it --the Council imposed that deadline and staff has to follow those rules. The fact -- the fact that they have informed you that you could appeal this and have brought you to here indicates to me their willingness to work with you as well and, again, if it was a successful event next year and you'd like that to continue for many years I understand we changed the rules about six or nine months ago sometime, so it is different than when you applied last year and I'm sorry if that came as a surprise to you and your members, but I think the Mayor's suggestion is a good one, if you can work together with staff during the rest of this meeting I think we are willing to listen to the results. Houck: And I do have the original with me, so both of us can take care of that. Absolutely. So -- Zaremba: So, I just wanted to say staff is doing what they were told to do and we certainly appreciate that. But also we'd like to make this work if we can. Holman: Madam Mayor? One thing I would like to add, Councilman Zaremba, that was said in Nancy's opening remarks is one of the things we did when we did change this ordinance and made some changes to it, we contacted every applicant and informed Meridian City Council Workshop August 13, 2013 Page 20 of 57 every applicant that had had events in the last year of the changes, so they could prepare for it and it sounds like their church has had a little bit of change in staff and that may have gotten lost in the shuffle there, but I wanted you to know we do make every attempt to go above and beyond and make it an easy process for our applicants, so -- Houck: And please understand as I listen to the timeline as you went through it, you did make every reasonable effort and like I said when I first stepped up, this is absolutely our fault, not yours. You did communicate what you needed to communicate. We lost those communications at some point along that path. We take responsible for that. We just appreciate an opportunity to try and still pull the event off. Holman: Great. De Weerd: Well -- and I will just give kudos to Nancy. She is never in a favorable position when it gets to this point and I know she goes above and beyond to not get in this point. So, if we can give her one last opportunity. You have until the end of this meeting. Okay. Houck: Thank you. De Weerd: I will go ahead and postpone this until the end --just after H. B. Mayor's Office: Community Liaison Update De Weerd: Okay. Item 8-B is the Mayor's Office. Ken. Corder: Madam Mayor, Members of the Council, the gentlemen from Rock Harbor will appreciate the fact that I'm standing here, because although I attempt to be brief, sometimes I am not successful at such. You can thank me later, sir. Thank you, Jaycee. Madam Mayor, Members of the Council, I'm Ken Corder, the community liaison for the City of Meridian. My job is to be a connector to -- from the city to the citizens of our great city, as well as a conduit for information. Today we will be looking at four key areas in our updates, relationship reports, and also look ahead. We will take a brief look at the MYAC, the Meridian faith community, the HOAs, as well as continuing the outreach endeavors. Mayor's Youth Advisory Council. As we begin to ramp up for this next school year I think it's good to take a look at the year review from last year. You should have a document in front of you. Although the accomplishments are many, we'd like to highlight the success of the Treasure Valley Youth Summit, as well as the Ball at the Hall fundraiser in which we transformed this room into a decadent palace for the MYAC parents and youth to enjoy. We raised close the 3,000 dollars for the Ben's Bells nonprofit. In addition to the year in review we are also excited of the fact that we did apply for and win three grants in which the children did the breadth of the preparation for the grant work. We ended on such a high note that as the advisor to MYAC I really wanted to get the youth in. I wanted to see them. I wanted to see their eyeballs to make sure we maintain the culture and the continuity amongst those. So, we Meridian City Council Workshop August 13, 2013 Page 21 of 57 participated in the team road safety assessment program through the NOYS organization -- National Organization for Youth Safety. To my knowledge we were the only team organization actively doing road safety assessments in which we have done two. Additionally, we entered the above influence video contest. The community did back us. We are waiting on the final results, though it does not look promising. There was another community that just had thousands and thousands that we could not compete with. But I see it as a -- as a different way of engaging the youth. They wrote the script. They produced the script. And, in fact, we even incorporated Lieutenant Leslie from Meridian PD. Looking ahead, we are actually right in the middle of MYAC registration in which we are going to target not only the four main high schools, but also the charters as well. That being said, the executive council will be meeting next week to plan for the upcoming year. Also the youth summit was so successful last fall that the Meridian School District asked us to move it to -- or, excuse me, it was last spring -- they asked us to move it to the fall to allow for better planning for the instructors and for the message to really adhere with the youth. So, that will actually be September 17th at Wahooz. In addition, the following the events -- will be the standard Idaho community events in which we will have faith leaders, civic leaders, business leaders, several mayors, including Mayor de Weerd, will do a community bike ride and hear from keynote speakers on the -- on leadership topics for youth. In regards to the Meridian faith community, the Mayor and I challenged the faith community here in Meridian to step up to the plate for our youth in regards to activities during the 11 weeks of summer, as well as spring break and Christmas break and we asked them to open their doors during the evenings for an alternative to house parties and whatever the youth do when they are not being constructive with their time. They did actually rise to the challenge in regards to the Friday night lights ministries. We and our churches will be partnering with the ministry, headed up by the former Boise State track coach and they will be doing speed and agility drills at various churches. One church would do it basically once a year. So, it's a great partnership and also easy to plan for our churches. In addition to the team challenge to the topic of Planned Parenthood operating in Meridian has been a hot topic in this community. My job as community liaison has been one of just education to let them know -- let folks know that Planned Parenthood does have every right to be here, that there is an alternative in healthcare, which the 26:8 Church headed up by Pastor David Snyder is leading a fundraising effort towards. Relations between the faith communities has been something -- somewhat of an elephant in the room at some of our meetings with the faith leaders. As we all know, there are communities within communities and Meridian houses several different faith communities and so what we are seeing is actually the appearance of bullying amongst our youth based on doctrine -- doctrinal issues amongst the churches. So, evangelical to LDS, LDS to evangelical -- you name it we are starting to see it. So, bullying has started to rear its ugly head into the faith community. In response to this we are doing a greater effort and outreach to incorporate all members of the faith community and the faith ambassador council, as well as faith leader visits, not only to the senior pastoral staff, but also to various ministries that can benefit this cause. That being said, one of the ideas to combat this issue of bullying and to promote unity amongst the faith community is the idea of a youth group town hall. Really to invite the various youth Meridian City Council Workshop August 13, 2013 Page 22 of 57 groups in for an evening of music and really focus on what we have in common and the fact that we are in this great sandbox together. De Weerd: Well --and, Council, I might add in our faith ambassador's meeting we have all faiths that has been represented and they work very well together, from -- if any of you have gone to the Christmas program, the live nativity out at the Seventh-Day Adventists, they are right next door to an LDS church and they -- they commingle the music, the actors, a lot of it and those two entities have now brought in other churches, other faiths, that have added to the choir, as well as helping serve refreshments after you have gone through the story of that -- the Christmas story that they recreate and it's been really positive and that's just one example of a number of them. But how they have come together in trying to look at this void of what to do with your teens in -- and free time. They have looked at their facilities and their programs and said how can we open it up to all of the teens of our community, not just our own congregations. And so it's been very positive and we have heard good feedback as well. Corder: Absolutely. Absolutely. The last Faith Ambassador Council we did we had 26 members of the faith community there, so it is growing and there is a great response from the leaders in just working together for the greater good of this community. So, it is fantastic. I do believe it all started with the I Heart Treasure Valley event with Nick Vujicic. There was really some unification there. So, moving forward. Homeowners associations. So, I -- I maintain relationships with several of our HOAs through the -- through the Facebook and group functions, as well as the just picking up the phone with property management companies, board members, and we just had the opportunity to engage our HOAs through the National Night Out. This summer has been the summer of community pool issues. I know at a recent -- at a recent Council meeting we just gave a hometown hero award to three individuals who saved a youngster. That is actually two near drownings we have had this summer. Additionally, security and safety has been a major problem. Even last night Baldwin Park actually had their -- the light fixtures pulled off their walls in their clubhouse. So, we are seeing teens jumping fences, we are seeing people opening gates without key cards for other folks. So, it is something that we have seen. Unfortunately, we have seen several issues -- I believe I have documented eight issues of kids not wearing diapers and so human waste has been an issue in our pools as well. That being said, it's not only my position to identify this, but to apply resources to it. We had a tremendous resource in the Meridian community pool, in which they had two full safety events, as well as a -- as well as some local CPR classes that have gone to our HOAs to offer up their services at discount prices. I have been working with -- with an Eagle Scout to set up a CPR class in my home subdivision Silverleaf. So, irrigation and city water, moving on here, there are several signs around Meridian with a tentative shut off date of September 2nd, which is causing a lot of concern and confusion with our constituents as far as how to water lawns and maintain them. So, I know Tom Barry and his team are putting together a comprehensive plan to educate both on how to let your lawn go into dormancy, things of that nature. Just want to bring it to your attention that it is something I am seeing. Additionally, Costco and Walmart -- at the recent town hall Walmart was a big topic as far as where they are going to be, the esthetics of it, as well as building placement in Meridian City Council Workshop August 13, 2013 Page 23 of 57 front of it and also Costco has a big rumor. They were allegedly moving into the Eagle side of Chinden at the old Foxtail. De Weerd: And they are not. Corder: And they are not. I would like a dollar for every time I have told someone that, actually, so -- but just -- it is something that does keep reappearing and I was asked that question several times at National Night Out on the Costco thing and, then, folks have several questions regarding Walmart. A lot of folks think it's going to be on the southeast corner of McMillan and Ten Mile and so I have just been educating folks on that and working directly with Walmart to educate them properly through their team. Last -- last topic on homeowners associations. Animal control. We are seeing a lot of posts on Facebook regarding dogs on the loose, dogs attacking other animals and what I have been doing is just being a conduit of information, having them call our code enforcement, but also sharing the city ordinance regarding the ownership of dogs. So, again, something that has popped up, so just keeping an eye on it for you and I will report accordingly in the future. Community outreach. Mayor de Weerd and I have had the pleasure of sitting down with a few of our high school principals and the topic in which we are seeing amongst them all is bullying. Obviously, it's been around for awhile, but it has gotten worse, primarily through the use of social media. Principal Hirano over at Rocky Mountain has actually had to have students into his office and school hasn't even started yet. So, some of our charter schools we -- we took a fourth of them last year, they did not have this issue. They are now seeing it. So, the Mayor and I and the members of MYAC will be working on this topic and we have an asset in Officer Gomez who specializes in this and so we will be -- we will be focusing a lot of our attention in MYAC on this and looking at resources to educate our parents out there. So, we are also losing our teachers here to the -- to the Boise School District and this is based on wages and their pay structures and so Principal Hirano had lost 43 teachers last year. He's already lost 32 this year. So, it is something of concern for continuity for our students. Just want to bring that to your attention. Our last town hall received a lot of positive feedback and so we are looking to duplicate that in the different quadrants of the city and really specialize in those areas, what businesses are coming to that area, how the process of the public hearing notice works, et cetera. So, we look to expand on that. This is the last one and make sure that folks are in the know. Again, we do not want to -- to have folks coming to us and, then, have to -- to react to an issue when we can be pro-active and let folks -- let folks know the process in layman's terms. De Weerd: And, Ken, I guess just to add -- each of you have a --apart of our Council will be working with you as well for the subsequent town halls to include you in the planning and location thereof. So, stay tuned. We will be calling you. Corder: That being said, we confirmed Mountain View for October 23rd for a candidate forum for our future City Council candidates, as well as the area specific meetings we just spoke about. In regards to ribbon cuttings, we have celebrated 12 thus far in 2013. As a person who tries to be opportunistic in these -- in these celebrations I have been able to bridge MYAC to several of these through the MYAC leadership program, so Meridian City Council Workshop August 13, 2013 Page 24 of 57 these new businesses are opening their doors for us to hold our meetings and have the ownership talk to their youth about give their voice to their ownership of their business, their past, et cetera. So, lastly, in community outreach, we just celebrated the Relay For Life events on July 12th at Meridian ,High School. The event was considered a success. There were approximately a thousand people who attended. There was one noise complaint and in talking with the leadership team of Relay they did mention that that's the status quo. Lieutenant Overton mentioned that he was okay with that for that particular event and so -- and so they are looking to host it again at Meridian and make it an annual event. That being said I stand for questions, concerns, comments. De Weerd: Okay. Council, any questions? Zaremba: Madam Mayor, not really a question, but this was cool. It's always nice to hear from the MYAC representatives what they are doing, but when you put it pretty much all down in one place and we see three full pages of activity after activity, each one of which is a great thing to have them do, it's really cool to see it that way. Thank you. Corder: Thank you, Councilman Zaremba. De Weerd: They were an outstanding group last year, very motivated, and very excited for the coming year as well. So, watch out. Bird: Madam Mayor? De Weerd: They might even be challenging all of you. Yes, Mr. Bird. Bird: I agree on the MYAC. They are very good and I think they will be just as good. But I want to compliment Ken on his leadership with those kids. In fact, I think he's probably the biggest kid in the whole group when you -- if you want to come watch. He interacts with these kids -- De Weerd: I can guarantee it. Bird: It's just unbelievable. But, Ken, you have done such a great job in your position. I certainly appreciate it. Corder: Thank you, Councilman Bird. You know, I do like to say that it is the garden that Luke Cavener planted and I'm cultivating at this time. Bird: Yeah. Corder: Thank you. C. Human Resources/Legal Department: Mayor and City Council Compensation Report Meridian City Council Workshop August 13, 2013 Page 25 of 57 De Weerd: Okay. Any further? Thank you, Ken. Okay. Item 8-C is under our HR- Legal Department. Nary: Thank you, Madam Mayor, Members of the Council. I have in your packets a report from our Mayor and City Council Compensation Committee. We talked about this a couple weeks ago just as a preview. According to our city code every election cycle we gather a group of a variety of different people within our city. This year the committee was comprised of myself, Christine Donnell, former city council member, Treg Burnt, the current parks and recreation commission chair, Clint Shiflet, an executive with a local Meridian business, Chris Kline, also another local businessman with Edwards Jones Investments and Ann Little-Roberts from the Chamber of Commerce, John Berg, local Meridian resident, and Bill Bock, another Meridian businessman. We have had two meetings to discuss compensation for the elected officials, Mayor and City Council. They reviewed a number of different sources of compensation. They reviewed -- the Association of Idaho Cities compiles a list of current pay or benefits that are provided for elected officials around the state. They looked at our past history, what changes have been implemented over the four -- last four election cycles. We haven't had any changes in the last -- the last two. The methodology and philosophy of compensation methods in general, they looked at a variety of different things. They looked at market rate, longevity, pertormance, effort, trying to create a plan for a long term type of compensation plan for elected officials in the city and they also looked at, again, what in the past we have done or not done in regards to elected officials, especially during the recent recession that we are just kind of experiencing the end of we hope. They discussed a number of alternatives, including changing things in regards to benefits and other types of methods of compensation and looking at a whole compensation package. What's in front of you are two ordinances that if you agree with either one or both, we do need those for approval today. It's required by state code that changes to compensation for elected officials must be done 75 days prior to the election date. That 75th day is next Tuesday. So, it can't wait another week, so, really, that's why it's in front you today. What they decided -- in looking, of course, at the benefit side they made a decision not to make any recommendations to change benefits, they felt with the national Affordable Healthcare Act they weren't comfortable in making recommendations for changes at this time, just because they are not clear, as are most us feel in the field very clear as to what that's going to -- what that's going to mean over the next year or two. For a long term value the committee agreed that it would make sense to create a standing committee. They all offered to be a part of that if the Council would like, to help work over the next two years during the -- until the next election cycle to develop a plan to bring in front of you for long term -- I guess long term consistency, long term accountability and transparency for the public as to how compensation for elected officials is done, how it is evaluated, how it is changed. As you recall, Council, we made a similar recommendation at the budget hearing in regard to city compensation as a whole of doing the same thing, creating a plan with guidelines that you could look at long term consistency with guidelines around it, so that there is not a mystery or a perception of Meridian City Council Workshop August 13, 2013 Page 26 of 57 folks that this isn't done in a systematic process, they all offered to participate in that, if that was your direction or desire. Lastly, they looked at the current compensation in relation, again, to others, as well as what's been done in the past. No increases have been done in the last couple of election cycles. The last one for the Mayor's office was done -- the Mayor was done in -- or the Mayor's position was done in 2011. The last one done for the City Council was done in 2009. So, it's been quite awhile since any changes. They looked at the Consumer Price Index, as well as other changes in the city, and made the following recommendation. So, they did recommend that the Mayor's salary increase from it's current wage to 80,000 dollars in 2014 and, then, to 82,500 dollars in 2015. That ordinance is in front of you. They are recommending increasing the Council Members' salary from its current to 9,500 dollars in 2014 and, then, to 10,000 dollars in 2015. They, again, recommended that the benefits not change. Those are their recommendations for this election cycle and, again, they hope that you would agree to maybe having a committee made up of them or others as you elect to look at this for the long term as well before your next election cycle in 2015. So, if you have any questions I'd stand for questions. I invited them all to be here, but they just wanted me to present it I guess. They all were in agreement. Bird: They all had to work. De Weerd: Thank you, Bill. Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird Bird: I do have one suggestion. Bill, I think that was a very good committee and if they would stand I'd like to see us get a committee that -- a standing citizen's committee and get the proper resolution in place and -- and if they would serve on it I don't think we could find a much better group of people to serve on it. Nary: Thank you, Councilman Bird. De Weerd: Any questions, comments? Mr. Zaremba. Zaremba: Madam Mayor. I would thank the committee for their work and I know they have -- similar committees have made recommendations to us in the past and sometimes we have taken them and sometimes we haven't. I would like to comment very much in favor or taking their recommendation for the Mayor's compensation to change and to express maybe a kind of ambivalent opinion about the Council's pay changing. We don't do this full time and whether we get paid 75 cents an hour or 80 cents an hour isn't really that big of a deal, but part of the reason that we discussed having six council members as opposed to four is -- is kind of a two prong thing. If we could spread the workload that we have a little bit thinner and maybe even raise the compensation a little bit, we are likely to get younger candidates than the old farts that we mostly have now, one of which I am. Meridian City Council Workshop August 13, 2013 Page 27 of 57 Rountree: Speak for yourself Zaremba: I certainly am speaking exactly for myself. But, you know, we are people who are either retired or certainly far enough along in our careers and not raising children at home and to me one of the reasons to support going to six council members was -- was to get council members who are in that stage of their life where they have children at home and have careers to grow and some younger faces on the Council and part of that is that, you know, younger people can't afford to do this for 9,000 dollars a year. So, I guess I'm coming around to say I'm in favor of raising the Council compensation as well, because as a part of also going to have six councilmen, I -- I think that has worked. I mean from what I have seen of -- I haven't met all of the applicants, but what I have seen of the applicants for the two seats that are coming up in November we are getting younger people with some new thought and I'm -- I think this is a part of supporting that idea. So, I guess I'm speaking in favor of raising the Council as well. De Weerd: Thank you. Any other comments? Zaremba: Madam Mayor. And I am in favor if the committee members want to stay together and do some more work I appreciate that as well. De Weerd: Very much so. Rountree: Madam Mayor? De Weerd: Mr. Rountree Rountree: I, too, support that -- Bill's suggestion on the committee and I think the folks you have on the compensation committee now, if they are willing to move forward with that, will be great. That's a great cross-section of our community. Well established. They are active in the community. They know what's going on and they know the kinds of things that we are facing. With respect to the Mayor's suggestion, I don't have any problem with that, particularly given what I see going on in other communities around here. It's a step in trying to get parody. As far as the Council, I have stated before and I will state again that I never took the job and sought the job for the compensation, but I can say in the past four years just the cost of fuel to get to and from here and the dozen other meetings a month in addition to the City Council meetings, it's -- the 9,000 bucks a year just about breaks even and we are not able to get compensated for those extra meetings -- Bird: Nor should we. Rountree: -- that are above and beyond our -- our assigned duties, which we shouldn't be, but I mean there is a lot of stuff that we all do that's extra. We are involved in other aspects of our community to help our community, to know what's going on with air Meridian City Council Workshop August 13, 2013 Page 28 of 57 quality and landfills and water quality and all of the things that we get ourselves involved in. So, I would support the incremental increase in Council's compensation. For that reason, but it's not a -- it's not something I would break my pick over. Hoaglun: Well, Madam Mayor, I don't want to burst Councilman Rountree's bubble, but I worked out the 500 dollar a year increase, that's $9.62 a week. So, there is three gallons of gas right there. Rountree: Yeah. De Weerd: Now I can give you one more meeting to go to. Rountree: Yeah. Bird: Not taking into consideration the 35 percent we lose in taxes. Hoaglun: That's true. I didn't figure out the 35 percent taxes either, so -- D. Human Resources/Legal Department: Ordinance No. An Ordinance Amending Title 1, Chapter 6, Section 5, Meridian City Code, regarding Compensation for the Mayor of Meridian. De Weerd: Okay. Well, Council, I will go ahead and move to item 8-D, which is ordinance 13-1567. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of Ordinance No. 13 -- oh, we have to read the ordinance. De Weerd: Oh, yeah. It is an ordinance, not a resolution. I'm sorry, Madam Clerk. I almost missed your opportunity to shine. Holman: Madam Mayor, I almost missed it, too. De Weerd: If you will, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 13-1567, an ordinance amending Title 1, Chapter 6, Section 5, Meridian City Code, regarding compensation for the Mayor of Meridian, providing for a waiver of the reading rules and providing an effective date. De Weerd: You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Okay. Meridian Cily Council Workshop August 13, 2013 Page 29 of 57 Hoaglun: Now Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of Ordinance No. 13-1567. Rountree: Second. De Weerd: I have a -- Bird: Rules. Hoaglun: Under suspension of rules. Yes. De Weerd: Second agrees? Rountree: Second agrees. De Weerd: Okay. I have a motion and a second to approve Item 8-D. If there is no discussion, Madam Clerk? Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. E. Human Resources/Legal Department: Ordinance No. An Ordinance Amending Title 1, Chapter 7, Section 9, Meridian City Code, Regarding Compensation for the City Council Members of the City of Meridian De Weerd: Item 8-E is Ordinance 13-1568. Madam Clerk, with you, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. Ordinance -- City of Meridian Ordinance No. 13-1568, an ordinance amending Title 1, Chapter 7, Section 9, Meridian City Code, regarding compensation for the city council members of City of Meridian. Providing for a waiver of the reading rules and providing an effective date. De Weerd: You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Okay. Zaremba: Madam Mayor? Meridian City Council Workshop August 13, 2013 Page 30 of 57 De Weerd: Mr. Zaremba. Zaremba: I move we approve Ordinance 13-1568 with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-E. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. F. Community Development: Discussion of Potential Unified Development Code (UDC) Changes -Potential Code Changes Include: Fencing Requirements; Common Driveways; Development Over Irrigation Easements; and Other Miscellaneous Clean-up Items. De Weerd: Item 8-F under Community Development. Justin. it seems so odd we can't give you a hard time about roads anymore. Lucas: Good afternoon, Madam Mayor, Members of the Council. Certainly you can, but I will just say I don't know anything about the roads anymore. Thank you for having me. Justin Lucas, representing the Community Development Department here today to talk about some potential changes to our Unified Development Code. This is a -- as you know is a workshop. These --all changes to the Unified Development Code have to run through full public hearing and both Planning and Zoning Commission and in front of the City Council, so just so you're aware, no application is being submitted at this point, this is just for us to get feedback before we actually make application and, then, there will be official public comments and all those things. But there was several issues that we wanted to bring before you to get comments and to have a conversation prior to making any official application and recommendations through that process. I'm going to go through these as quickly as I can and I'm looking really to you to stop me when you want to discuss something. If what we are proposing and what was in your packet is sensible to you, then, we can probably move through pretty quickly. Some of them, though, are -- we didn't propose anything, because we really want to know what you think and so I will -- I will work through that as we go forward. So, please, feel free to interrupt me at anytime. The first issue is double fencing adjacent to pathways and open space and I don't know if you remember this -- I'm sure you do --this was several months ago, a double fencing issue was brought before the -- before the Council related to a dog in a neighbor's yard. This happens to be the fence that was in question there. We are not here to specifically talk about that fence, we are here to talk about this issue in a broader context. But to do that -- at that Council meeting you asked staff to take a Meridian Cily Council Workshop Augusl 13, 2013 Page 31 of 57 look at this and see if there was something we could to within our code to solve this problem. To step back a little bit, the city does have a requirement within the code that talks about open space and micropaths and fencing adjacent to those areas and the whole concept is -- and this is based on something called -- let's see here. CPTED. And I have it here. It's Crime Prevention Through Environmental Design. And I had to memorize that before I came in. And the idea is eyes on these areas and when they are closed off, when they are in the back and you can't see them, crime is more likely to occur. That's kind of the simplest way to look at this and that's why these -- these things were originally intended and included in the UDC. So, I don't want to lose that overall concept of the fencing, because that's why -- that's why it's in there. We can certainly talk about that, but I wanted to kind of give that justification prior to moving forward. So, what staff has done is -- and I have some pictures just to show you what the issue -- what the issues are and let's see if I can get the -- I can't see the -- would you advance -- I can't see the -- thank you, Caleb. This is just from a different angle. Go ahead and move one flag forward. This is another -- another example, kind of a different look. This is adjacent to an open space area where the developer installed the required open vision fencing and, then, the homeowners -- and I'm not going to give you their address or we are not going to call code, I'm just using this as -- I'm using this as an example. The homeowners installed fencing behind this and there is several other locations I could go out and find just like this across the city and historically -- and this one -- I can even get to one in a second. This one shows you what -- what was allowed in the -- under the old code prior to the UDC. This is a micropath actually in my neighborhood. Prior to the UDC it was built -- and you can see what you get when you get a six foot tall fence and a micropath in it, it creates kind of a tunnel effect and the area in the back part of that picture can be difficult for police or fire, whoever, to see and especially at nighttime it's really dark back there. So, that's what we are trying to avoid. And so the whole double fence issue, what we have done is proposed what we think is a solution to that and if you go forward here -- I have put up a typical --atypical lot and on the back let's say you have common open space and on the side let's say there was a micropath. This would be like the perfiect storm for the -- the fencing. Our current code would restrict fencing as shown in those colors. The red would be that six foot open or four foot solid. It's required adjacent to that micropath and if they want a fence adjacent to the open space, which is not required, it has to be six foot open or four foot solid. The yellow represents where we would allow six foot solid fencing, which is on -- between the neighbor, you can still have six foot solid fencing there and, then, on the -- the front part of their house parallel to the street, as long as it's outside of the front setback, they can have six foot solid fencing there. But adjacent to that common open space and micropath they could only allow this. Now, what we are proposing, which is not currently explicitly described in our code, but because of this double fencing issue we thought we might want to be a little bit more explicit and this is staff's stab at this and as with any code change this is -- this may not be pertect. We are trying to do this, but we are tentatively throwing this out there for your comment. If you could hit that, Caleb, the next advance there. It would allow for privacy fencing or six foot -- or back one. Sorry. Six foot -- six foot fencing if it was set back from those -- those other fences. Now, we could have done it by the setback in the rear yard or the side yard, we could have done it by a lot of different things. We chose eight feet, because a standard fence Meridian City Council Workshop August 13, 2013 Page 32 of 57 panel is about eight feet and so we figured if that's where the transition is occurring from the six foot fence down between the fence types, that had some sense to it. But what you would get in a lot like this, the way the code is -- that we have proposed is the ability for people to build a dog run or to build a fence around their hot tub or whatever they have in their backyard and you would still potentially -- still allow for those eyes on the -- on the common open space and micropaths. So, what we did is we allowed these fences, but we restricted it eight feet -- you have to be eight feet from the property line and a lot of side yards don't even have eight feet in the City of Meridian, so they wouldn't be allowed to build another fence behind that required micropath fencing and we restricted it on the -- on the rear yard to only 50 percent of the lot width. Because if you allow them to build an eight -- a six foot fence eight feet back all the way across the rear yard it seems to defeat the whole purpose of why we even require the fencing to be lower or open vision at those points. So, the exact language is in your -- is in your packet there and I can go ahead and read it, it says: Other fences, which would be other than these fences adjacent to the common open space and micropath, within the rear or side yard, shall be set back a minimum of eight feet from the property line and within the rear yard other fences shall not exceed 50 percent of the property width. And if this code was in place when -- if we go back to the original picture -- we don't have to -- when they came in -- once someone comes in this and asks about can I build a fence, we could say, sure, you can, but it has to meet -- have the eight foot back and it can't be wider than 50 percent of the lot. So, that is --that's -- as I say, this is staffs idea. There is a lot of other things we could do related to fencing, but this was one that seemed to meet the desire of the property owner to have some privacy versus the city -- the city's desire to have eyes on those micropaths and open spaces. So, we are trying to kind of straddle the fence there and we are here for your comments on that proposed solution. And I will pause now as you digest it. Hoaglun: Madam Mayor. Quick question, Justin, to make sure I understand open fence, because I think I have that on the east side of my property. They are just opened about yeah much, is that -- Lucas: Madam Mayor, Councilman Hoaglun, you live the Bridgetower Subdivision? Hoaglun: Yes. Lucas: Yeah. That open vision fencing adjacent to your property actually doesn't meet current city standards. When it was installed it did, so you're okay, don't worry, but it doesn't meet current city standards. I believe the standard now is 50 percent open vision. Is that correct, Caleb? Yeah. Fifty percent. And f think the fencing that went in with Bridgetower, which was -- has its own -- obviously was approved quite awhile ago -- was approved at 80 percent closed vision. So, only 20 percent had to open. So -- Hoaglun: Okay. Lucas: So, it's a little bit more open than that. Meridian City Council Workshop August 13, 2013 Page 33 of 57 Hoaglun: Okay. That's what I wanted to check. Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Two different questions. I think this question has come up several times. In the perimeter fence along a public open space there was a time when we allowed somebody to go four feet solid and, then, add two feet of open vision above that and is that no longer desirable? Lucas: Madam Mayor, Councilman Zaremba, yeah, the code actually was modified specifically to prohibit four foot open -- four foot solid with two foot vision, which would be a four foot fence with two foot of lattice or whatever it is on to and there is probably several reasons for that, but I think the main reason was we had people just tacking on the lattice you buy at Home Depot to the top subdivision fence and it wasn't -- it wasn't very esthetically pleasing. Now, if it was with the development and there was a -- you know, like a vinyl fence and that was all done together, that can look fine, but that wasn't how -- the code, because it allowed it, you had a lot of people tacking it on and the neighbor didn't and it was just an odd -- an odd looking situation, so that's why that was prohibited -- one of the reasons at least. Zaremba: Okay. Thank you. And, Mayor, a second question. In the -- let's focus on the red line there. In my subdivision there are a number of four foot and even three foot open fences and I guess my question would be in defining the red line I'm comfortable of saying you can go up to four feet solid, but on the open could we say up to six feet open, which would allow for a shorter open fence? Lucas: Oh, sure. Sure. Yeah. And, Madam Mayor and Councilman Zaremba, that is allowed within the code. You can build a shorter open vision fence. Zaremba: Okay. Lucas: It doesn't have to be a six foot. Zaremba: I didn't want to prevent a shorter open vision. Lucas: It can be up to six foot and maybe that's just my slide not explaining the code completely, but, yes, it would be allowed. Zaremba: Okay. Great. Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council Workshop August 13, 2013 Page 34 of 57 Rountree: Just to clarify my lack of understanding on where fences are required, are fences required on micropaths in developments? Lucas: Madam Mayor, Councilman Rountree, yes, our code explicitly says that along micropaths fences are required to delineate the private from the public area. Now, adjacent to common open space it does not say that. So, there is a separation there. Rountree: So, I -- on the red line in your graphic -- in your table that described what you have, you have allowed fencing, but that would lead me to believe, if I'm reading that as a citizen, that it was not allowed, so there -- probably on the red line on micropath it ought to state required fencing, not allowed. Lucas: Sure. And Madam Mayor -- Rountree: Understanding that I just don't want a fence there, so it's not an issue. Lucas: Madam Mayor, Councilman Rountree, this graphic is not in our code. Rountree: Okay. Lucas: It's just to facilitate our discussion today. I should have made that more clear. But this is not in our code. The code is what is in your packet and what it reads. There is a -- there are some fencing graphics in our code that go through all the different fencing types and show it much better here. But it's hard to put them in a PowerPoint. I was trying to just use this to facilitate our discussion. Rountree: Okay. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I'm debating this in my mind about -- in some ways I think we are devaluing lots, because people buy lots and they want privacy and I think the development community may have some issues with this. I mean when I think of my house and my backyard and I want privacy, I'm not going to want a 50 percent open fence on my whole rear yard and my major side yard in this situation and if you think if there is no common open space, then, take the situation where a micropath cuts through, you got streets on both sides, you have got four houses now that are going to be -- can be seen from the pathway and from a policing perspective I understand having eyes on a pathway, but from a homeowners perspective why are people looking at -- into my backyard from the pathway. You lose that privacy aspect. You have got small kids playing, I don't want people seeing small kids playing in a backyard, I want a six foot fence. I mean there are those things as a parent you -- you just kind of expect public access and I want to protect my kids type of thing, so it's one of those things you weigh the different aspects and I have got some trepidation with that. Meridian City Council Workshop August 13, 2013 Page 35 of 57 De Weerd: Don't buy the lot. Hoaglun: That's true. De Weerd: You know. And I guess that would have been more my concern is -- and I know that you guys hate notations on plats, but at some point when someone's looking at a lot they -- and that fence is there, because that is part -- before you start the next phase all the fencing is in, so that fencing is in, but they need to know that that fencing is not owned by them, it's owned by the subdivision and it's required and -- and so there should be notations on when there is a micropath and there is the common open space that that is noted on that plat, so people know what they are buying into. Lucas: Yeah. Madam Mayor, Members of the Council, these are all good points and the fencing in general is not something we include on a plat note and it's not just us, it's the county surveyor who is not hot on adding all this -- all these things to the plat note. But the point of the homeowner, as they purchase a house, let's say in this situation, you know, 90 percent of the time that -- well, the micropath fence is always installed, because it's required as far as development and usually what we are seeing in these developments if it goes out to common space, the developers are also installing the common open space fence and so those fences are there when they -- when they purchase the lot -- De Weerd: And that's why you get the second fence up against it. Lucas: Yeah. Or usually it's restricted to the CC&Rs, the whole -- can they do another fence there. It's just our code has been silent on that. We have interpreted our code up to this point that that double fence wouldn't be allowed, but in that situation where we had the -- that I showed you on that first graphic, the determination was made that our code didn't strictly prohibit that double fencing and if that's what we want to do, we would make that change to the code, leave all this other stuff out of it and say we are just not going to allow the double fencing in these situations and, then, these other fences like I have showed you in these graphics would be somewhat irrelevant at that point, because they wouldn't be -- they wouldn't be allowed and so that's where staff was kind of struggling with this one is on those lots where you have visibility from the rear yard into the open space and from the open space into the rear yard and there is quite a few of them out there, do we want to have a specific provision for those when it comes to other fencing. De Weerd: Well, Justin, I appreciate that you will put your heads together to find a solution to this, because what caused the double fencing to begin with in the -- in Mill Iron Subdivision, it was because there was a dog that escaped and ended up biting -- he jumped over the four foot and they wanted to keep their dog confined and so this -- this is a solution. Meridian City Council Workshop August 13, 2013 Page 36 of 57 Hood: Madam Mayor? Sorry, Justin. Can I interrupt? One more thing that Councilman Hoaglun brought up that we deal with on a fairly regular basis is the privacy and I think we are trying to find that sweet spot where we can still keep some eyes on those areas for public safety, but allow some privacy in this. I also just wanted to point out, though, this doesn't talk anything about landscaping. We do a lot of things with screening with arborvitae and other shrubs and that type of thing and you can effectively create that screen adjacent to this fence. So, I'm not encouraging folks to do that, but that is something that we don't regulate how you landscape your backyard. So, you can do some things that provide you some of that -- if that's your concern plant those things together to create your own screening. So, that is something where we direct people sometimes, you know, that run into those situations just to kind of address that a little bit more. The other thing to the Mayor's -- to the Mayor's point, you know, we do get the comment, too, about, well, my dog is going to jump the four foot fence. We can still put up a six foot open vision fence that should contain most all dogs and so instead of doing the lattice on top or things like that you can change out -- you can still have a six foot fence there, it just has to be open vision. So, just a couple of points on what we deal with on a regular basis and hear those -- those comments and complaints and concerns on a fairly regular basis, so -- Hoaglun: And Madam Mayor and Caleb -- and what happens when the dog walks down the micropath and the other dogs in the backyard all start yapping, because they can see it, I mean you hear it every morning. There is never any -- you can't have awin- win, it's just -- it's just the way it is, so -- De Weerd: They see or hear it regardless if it's open or closed. Hoaglun: I did have another question, Justin. You had the underlying section under C, other fences located and a minimum of eight feet and under the scenario you don't have a micropath, but there are a lot of houses where it's just a ten foot setback on both sides and so, basically, they can't have a dog run -- I mean unless you have a two foot dog run it's ten foot from the house to the fence, they have to come in eight foot, then, it's a two foot dog run. Lucas: Councilman Hoaglun, Madam Mayor, good question. These -- these regulations are listed specifically under fences adjacent to open space and micropaths. Hoaglun: Okay. Lucas: So, they are not -- they are only applicable here. This other fencing -- I mean technically afence -- you could go and build if you have a standard lot you're not adjacent to a micropath, you're not adjacent to a common open space, you could build a maze in your backyard of fences and the city would have no -- nothing to say about it, as long as they weren't taller than six feet. So, these are just in those lots where you have -- where they are adjacent to micropaths and open space. Hoaglun: Okay. That's what it says up there that I just didn't read, so - Meridian City Council Workshop August 13, 2013 Page 37 of 57 Lucas: So, I can certainly take more comments. With the code we change it every six months. We can give this a test run. We can do a lot of different things. But I'm -- there is language proposed. If this language you're not comfortable with it and the scenario I'm showing is not what you see as a good solution, that feedback would be good, because I don't want to propose it to the public if it's not -- if it's something that you're not comfortable with. Hoaglun: Well, Madam Mayor, Ijust -- I do want to see what the comments will be, so -- Lucas: Okay. Rountree: Move it forward. Zaremba: Uh-huh. I think there is some good thinking that's gone into it, so let's test run it. Lucas: Thank you. Let's move on to common drive requirements, which the developers tell us is very complicated. What you have on your screen here is a common drive scenario in the City of Meridian and you can see that each of those -- if you hold that, Caleb, I was just going to talk about the -- you can see the -- the existing property lines for those houses. This is actually four houses taking access off of a common drive and our current code requires that all of those houses flag out to the street. There is four of them, it has to be ten feet each, and so those flags equal 40 feet out to the street. So, every lot has street frontage and that's part of that requirement. And, then, the developer, what he has to do is all the lots have street frontage, but, then, there is an easement that has to be worked out with each of those lots and platted on there that says that, you know, this is a common access easement, all the different owners have access to it and, then, they build it and as you can see what the common drive as it's built doesn't correlate necessarily directly with -- with the houses, especially in that top quadrant, the common drive could be shaped and the lots, you know, look a little bit funny. So, the development community has asked us to look at this and has offered a solution which seems to make sense to staff and it makes things a little bit easier, which is -- if you hit it once, Caleb. They would recommend that rather than requiring all of those lots to flag, that they be able to plat a common lot and call it a common driveway -- it has to meet all of our existing common driveway standards -- and if you hit it once again, Caleb -- and, then, those lots would all take access from that common driveway and so the lot in the top -- in the top quadrant -- the two lots in the top quadrant, they are very far away from the street and they would not have street frontage. But in our current situation they only had ten feet of street frontage anyway and so it doesn't -- we had a different way here. So, the common lot would be -- would be in place, it would meet all of our common driveway standards that are in existence today. We are not proposing to change the length, the fire department requirements, all of those things remain in place, it's just the fact that instead of doing the flags out to the street we would allow for that common drive to be in a common lot and the lots adjacent to it would be able to -- would be able to take access to that common lot. Because of that change we Meridian City Council Workshop August 13, 2013 Page 38 of 57 are also proposing that we allow up to six lots, instead of four, to take access from the common drive. So, you can see in this scenario those four lots up on top were the only ones where we are taking access off the common drive. The two lots on the bottom we are not, because we only allow four. If we allowed six those two lots on the bottom would also be able to take access from the common drive, side load garage, so you wouldn't have the garage facing the street. It allows the development community to be a little bit more innovative in some of their -- in the design that they are trying to achieve. Staff has looked at this. I have talked with police, fire, our addressing specialist, all of them have said this scenario makes sense to them and, actually, on the plats it's a little bit easier to track, because the -- instead of all these flags you will have a common lot, you will be able to note it and say that common lot is a common driveway and it has to meet all of the City of Meridian standards. So, this is just kind of a clean up item, but there is a change and you can see depending on how creative the developers get there could be some different lot configurations, not just this one I'm showing you, but you could see some more creative lots where the houses would be pushed back from the -- from the street further and they would not necessarily have street frontage. So, that was the second -- the second item I wanted to bring before you and I will pause for comment. De Weerd: Now, Justin, would that be, then, a private driveway, so they have to maintain it and take care of it themselves and they would have to all pull their garbage cans up to the road. Lucas: Correct. De Weerd: Okay. Any questions from Council? Rountree: Just some background, Madam Mayor. Why did we have that ten foot frontage requirement? Was there some legal basis for that or did it make addressing easier or what's the deal? Lucas: Good question, Madam Mayor, Councilman Rountree. I wasn't here when the UDC was created, but I think some different feelings on making sure all lots have street frontage. It was that street frontage requirement and related to addressing that I think drove that bus. But the city's addressing has become much more sophisticated and is one of the things we have gotten really good at and our addressing specialist, after looking at this, says, you know, under our -- the current way we do things they really don't see a problem, because all these -- really, they are addressed exactly the same. There is no change to the addressing as there would be either way, it's just how they are shown on the plat and making that a little bit easier for the development community. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council Workshop August 13, 2013 Page 39 of 57 Zaremba: Actually, that was going to be my comment, because I was on those committees when we were talking about it. The issue that arose was the old way of doing it was that a back property that had no access often had an easement across the front property and there were situations where the neighbors got into a tiff with each other and even though they had a legal easement somebody closed it off. The front property made it impossible for the back people to come and go and the solution to that was to say even if it's only ten feet wide everybody's property has to touch the street and so the front neighbor didn't own the piece that you could get your car in and out on, so if they closed it off they were trespassing and that's the problem we were trying to solve. This looks to me like just as good or even a better solution to that problem and I think it solves it, but there was a reason why we originally said every -- every lot has to own something that gets them to the street and it can't be an easement. This looks like that would solve that problem as well. Any -- are there any rules about whether the front properties can park along that street and atruck --afire truck couldn't get through there if there were parking on it. Lucas: Yeah. Madam Mayor, Councilman Zaremba, yeah, parking is restricted along common driveways. You have to be -- and every house is still required to have a 20-by-20 parking pad for their cars and so all of those things are covered within the code. This just, as I say, cracks the egg a different way. It doesn't change really any other standard, except for the number allowed to take access from the -- from the common drive. Zaremba: Works for me. Lucas: Next one. And this is one that staff has been struggling with. I used to work for the City of Meridian and I actually remember processing a subdivision that had this very issue and it relates to irrigation easements and how they are maintained and who owns them and how they work and -- and what we have found over many years is that the irrigation companies for many of the -- especially the larger irrigation districts are very restrictive in how they allow access to their easements and who is allowed on there and how they are -- how they are maintained. This is Chateau Park. Once again, I live in this area, I was choosing an example, because Isee -- as you drive around you see it. this is right adjacent to Chateau Park. Chateau is the street on the bottom. And there is -- this is a great example of these lots -- the property line actually goes to the center of the creek. The property line does. And the fence line -- if you click one time, Caleb. That's where their fences are, though. So, their rear fence is nowhere near their rear property line. I mean the two things almost have nothing to do with each other. Their fence is placed at the easement line that the irrigation -- the irrigation district has. But in these situations what happens is -- and all of these houses have a fence there -- the area behind the fence -- the property owner does not view it as their -- they don't see why they should maintain it, because they have, basically, no use of it. The irrigation district, you know, runs their -- their equipment up and down that ditch road and it's not technically their land, it's their easement, but it's not their land, so, you know, they will maintain it to the point that the irrigation district maintains anything, which is not very much. And so -- but you get into -- let's say -- it puts us in an awkward code Meridian City Council Workshop August 13, 2013 Page 40 of 57 enforcement situation, because let's say there is an issue on one of the rear of these lots, we end up having to go after the homeowner who owns the lot where there is the issue, because the irrigation district says, well, it's not our land, it's just an easement, it's just an access easement, and the property owner says, well, I can't use that ground, why should I maintain it. So, this is -- and we have seen a lot of subdivisions like this. And so our proposal is to add a requirement into our code when it comes to irrigation easements and common lots, that these areas be placed in a common lot to be owned and maintained by the homeowners association. That way no single owner is on the hook for that area. The irrigation district still has access, but it's a common lot, so let's say there is a major issue out there, the city can go to the HOA and deal with it, not the individual homeowner. So, that's -- that's kind of a solution we came up with here. There might be some situations where due to the size of the ground or due to the development -- let's say it's a five acre parcel and they have a really large irrigation easement and they can't meet our minimum lot size without including that area in a lot. What we are doing is proposing that we allow for alternative compliance. If there is a unique situation for whatever reason, staff will look at it and if it makes sense and what they are proposing makes the same -- the same idea of having maintenance back there, then, we can do that. So, those are the two things that I'm proposing on that specific section of the code. De Weerd: And I appreciate that, because as we saw in Kingsbridge they are paying taxes on property they can't even use, which doesn't make any sense. So, Council, any comments? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: The only thought that comes to mind to me is if that's going to become a common lot is there any way we can also talk about pathways if we are not having to deal with individual owners in the places where we would desire to have pathways. De Weerd: It makes it easier. Lucas: Sure. Madam Mayor, Councilman Zaremba, absolutely, if it's on our pathways master plan we can get those pathways in those areas and do that at the time of subdivision. What this does is it allows us to -- it doesn't necessarily require the homeowner's association to landscape that area or -- or make it pretty, because sometimes it's just a ditch road and they can't do much with it, but in those situations at least that ditch road isn't on someone's -- one guy's private property or gal, it's on the common lot, it's on the homeowners association's property, which seems to be a more sensible place for it. Rountree: Madam Mayor? Just -- that helps solve a future problem, but it doesn't do a thing to solve the issue we have with lack of maintenance. I have always professed that that's adjacent property owner's property and they can do with it what they please. I Meridian City Council Workshop August 13, 2013 Page 41 of 57 mean I have the easements and the easements do not tell them they can't use it, it just says all they have to do is provide access across it. They can fence it with a gate, they can do whatever they want on that property and, unfortunately, the irrigation districts have exercised the strong arm on a lot of people and we have the mess that we have in these situations and they are an attractive nuisance in the neighborhood, they are a fire hazard, because the irrigation districts don't take care of them. I'm surprised we don't burn down more fences. So, I like your solution for the future, but we still have an issue in the city on how to deal will some of these. Bird: You're a hundred percent right, Charlie. Those are homeowners -- that's an easement. Lucas: Moving on. I know time is precious and there is a couple more things -- hopefully -- that's my last graphic, I believe, so we are done with pictures, and so most of these others are just more administrative questions. De Weerd: And, see, now you're competing with Caleb and his all things transportation. Lucas: The next one is online retail sales and the idea is pretty simple. It's to allow the products sold online through a home occupation that are delivered to customers by mail and so this happens all the time where you have a home occupation and they are, you know, packaging something and they are shipping it. They have no customers coming to the -- to the house, but it allows for those online businesses and when our code was written I mean, you know, those kinds of things just weren't really available and this is just basically -- one of the thoughts behind this is to allow for those types of home occupations to -- to be permitted by the city. Many of them aren't and may never be, but at least if they come in and ask can I go to Costco, buy some stuff, and package it at my house and ship it from my house to someone in Wisconsin. Our answer in the past has been, no, we do not allow retail sales out of a home occupation. But they are saying but I'm not -- there is no people coming to my house, the retail sales are only online, this -- this addition to our code would allow that. And it still has to follow the other home occupation standards. So, you can't turn your garage into a shipping facility. You wouldn't be able to do that, because you're required to be able to park two cars in there and so there is always other standards that are in place, this just would allow for a small scale home occupation that allowed for these types of online businesses. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba The only drawback that comes to mind is, yeah, if they package their stuff up and put it in their car and take it to the post office that's one thing, but if they are having UPS come, they could pick up twice a day or, you know, UPS in the afternoon, FedEx in the morning and, you know, there are some neighborhoods where that might not work quite as well to increase the delivery traffic like that. It only comes to mind, because I once lived in a city where they actually tracked, you couldn't have UPS come to your Meridian City Council Workshop August 13, 2013 Page 42 of 57 house more than twice a month and I don't want to go there, but I assume, eventually, we are going to have public hearings on these things. Lucas: We will. We will have public hearings on all these changes and just, Madam Mayor and Councilman, to answer that question, the current home occupation standards do say that the home occupation shall not have more than two outgoing pickups per day from a common carrier. So, that's actually in our code now. Zaremba: Okay. Lucas: And staff talked about restriction deliveries also, too. I didn't add that, but if that's something you're worried about we can certainly -- we could certainly add that. De Weerd: I want to know who enforces that Hoaglun: Well, my daughter's getting married this fall. She's in the middle of wedding planning. Do you know how many deliveries we are getting at the house right now? We are going to tell her she can't get those things? Lucas: Madam Mayor, this is only for a home occupation. So, it gives acover -- well, let's say there was a situation where there was just so many deliveries coming and outgoing, it was like a shipping facility. Code could go, sit there during the day and count them and say, whoa, your home occupation does not comply with this standard. So, that's why that is included in the -- in the code. Bird: I hope our code enforcement officers have more to do than that. Lucas: Only if there is a complaint. Zaremba: That's true. We wouldn't know about it unless a neighbor called and that would mean somebody was being bothered by it, so -- De Weerd: We can put the Council in charge of that area of town. They can go out and count them. Right, lieutenant? Lucas: Any other questions on one that? The next one is definitions for vehicles. This is just a proposal to clean up items that have been proposed by our code enforcement and legal department to define vehicles more consistently with Idaho Code and all the other different definitions of a vehicle. You can go through these and ask any questions, but that's the purpose of that -- of that -- of that section is to help code enforcement with their definition of what a vehicle is and how they can enforce the parking and location of those vehicles. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council Workshop August 13, 2013 Page 43 of 57 Zaremba: At some point touch base with Ted Baird -- Caleb knows this. The transportation commission is having a discussion about golf carts on public streets. There seems to be some struggle with that and if you're defining vehicles he -- he knows what the state code is about what constitutes a vehicle. Lucas: Thank you. De Weerd: That's a day old -- I mean an age old problem that has never been solved. Lucas: It seems like this might not be the last time we come back with definitions, but we are trying to get it and we are going to keep trying. The next one is actually a relatively simple question. It might seem like a big question, but I'm hoping it's -- it's simple, but if it's not we can talk more about it. Design requirements for single family residential and I can talk about how we currently do it and see if you want to change that. Currently single family homes do not fall under our Meridian city design guidelines. There is guidelines for them, but there is no official review of single family homes as they come into the -- as they come in for a building permit. The only time there is an exception to that is if through a development agreement the City Council has specifically addressed elevations in the development agreement and tied those elevations to a specific subdivision. But there is a lot of single family lots out there that do not have a development agreement associated with them and they are being, you know, built out and planning may never look at those. So, the question is that adequate, is that the way we want to continue or are there issues related to lots that face arterial streets, lots that face open spaces, do we want to become more restrictive on how those lots, the sides or the backs might look. Through the development agreement process you have the complete discretion to do that. But if there is no development agreement in place staff is not currently reviewing those -- those -- those single family homes for compliance with our design standards and the question is should we be doing that. Is that something you want us to do. We process a lot of these -- you know, hundreds -- I guess -- I think right now we are at a hundred single family homes a month, so it would certainly increase staffs workload to start looking at all of these in a lot more detail, but you want -- design is always one of those things where we want to kind of gauge your opinion on that before going down the road. We are not proposing any changes to the code. I think staff's perspective is there is tools in place through the annexation and zoning and platting process if there is a concern about quality, those tools are in place during that process. Outside of that process, you know, we really look to the developers to do what they said they were going to do when they came in and showed us the -- the elevations that they propose. Zaremba: Madam Mayor? De Weerd: I think you brought up the only exception that -- that we have consistently hit on and it's those homes that just the back side of them as they bump up against an arterial or a collector -- an entry collector. I think that's what this group has been Meridian City Council Workshop Augusl 13, 2013 Page 44 of 57 consistent on, but, yeah, home design -- na. No. We just want some more ugly duplexes. I think that would be fun. Mr. Zaremba. Zaremba: Thank you, Madam Mayor. When we were formulating the Unified Development Code there was discussion about some avant garde architect thinks it would great to build an aluminum building with -- that looks like a stack of blocks and my recollection was that somewhere in the code we put a very general statement that any residential -- single family residential building at least has to fit in with the rest of the neighborhood or has to have appearance similar to the rest of the -- I don't remember what the wording was and it was very generic and maybe not even enforceable, but did that happen, do you remember, or -- it seems to me there was some leverage. Lucas: Mr. Zaremba, not to my knowledge. There is -- we do have in the code a -- design requirements that are applicable to all districts, but in general they have it and they talk about facades and roof lines and -- but nothing specific to single family residential and staff does not -- as I say, hasn't been enforcing those and they are more geared towards commercial. They talk about, you know, extra block and more commercial building materials. So, the answer to that is, no, there is nothing in the current code that really gives us the ability to restrict any type of single family design, unless there has been a -- through a development agreement a request from the Council to have -- to require patios or some sort of articulation on the rear of a lot facing a collector or arterial street and those, if you ask us to do that, through a building restriction form, which is a process we have, we can do that and we do catch those when they come through. But as I stated, there is a lot of lots that don't have any restrictions on them and they -- some of those might even be against arterial streets, just because the way it, you know, happened when they were approved. So, I guess the potential solution is that staff will continue in new developments to focus on the rear elevations of homes that face arterial and collector streets and make that -- make those required as part of the development agreement that they have to meet certain standards and if we do that moving forward we are covered. But it doesn't -- it doesn't do a blanket -- blanket design requirement for all single family residential within that subdivision, it would be only those lots adjacent to an arterial or the -- or the collector and going forward we can continue to emphasize those things as you -- as you have directed us to. But where we just want to touch base today briefly was that that's as far as you want us to go for now and we don't want to overhaul our -- our requirements for all single family residential. Rountree: Madam Mayor, I guess my comment to that is I can't recall in the distant past where we haven't required at least some visual to represent the kind of design that a subdivision is going to have. Whether it's included in a DA or not, if it's just testimony and we approve the project, the approvals are all based on the fact of what's been said in the testimony provided by the applicant. If it doesn't end up in a DA they have still committed to it. That graphic still goes vvith that subdivision and to me that's kind of how we have addressed design approval and, then, exactly what you said, we have modified that in the past to say, well, where you are on an arterial or where the back side is visible to some other portion of the community, then, there is some texture, there is Meridian City Council Workshop August 13, 2013 Page 45 of 57 some articulation -- whatever to those buildings, but I don't know that we have ever expected anything more than that. Lucas: Okay. What I'm hearing, then, we will move forward as we -- as we have been consistently doing and staff will make sure that you're seeing all of those things through the approval process that we are tying those through conditions to the approvals. I have got two more. I don't want to over -- I don't want to overdo it, but, you know, I will keep going unless you stop me. Vehicle sales or rental landscaping requirements -- this is for auto dealerships, basically, or let's say a car rental that has a lot of -- a lot of inventory on the site. The code has arequirement -- it was -- the purpose it seems was to require additional landscaping in these display areas or they put additional landscaping somewhere on the site, so that they could account for the large asphalt display areas that they are -- that they are proposing. A couple of these we have seen recently and staff has been a little concerned that the way the code is written doesn't meet the intent of what we think we really want, which is to eliminate large expansive of asphalt and an auto dealership I mean their desire is probably to have the biggest expanse of asphalt that they possibly can and the way our code reads is if they could do that, as long as they put some landscaping somewhere else on their site it's a percentage, it's a one square foot of landscaping for every 50 square feet of vehicle display area and as we have done these calculations and looked at these, staff has been -- has looked at these and gone it's not very much and the way they can do it is you can still have a huge expanse of asphalt and tuck some landscaping and they are good to go based on the code and so we have had to approve them in that way and we are a little concerned about that, because these large expanses of asphalt create heat islands, there is a lot of -- they are not very attractive, so you get asphalt and LED lights and cars and that's everything you see. So, staff's proposal here is to simplify this actually and just require that the vehicle display area for a car lot meet our parking lot standards, which is that every 12th space you have islands and you have a tree and that they lay out there display area like a -- like a parking lot. That's where we would start. If they didn't want to meet that standard they could apply for alternative compliance, but that gives staff the ability, then, to say, well, what do you -- what are you doing that's better than our parking lot standards, because that's what the point of alternative compliance is and we feel that if we have that in place we will be able to negotiate a better outcome, even if they want let's say 25 spaces in a row, because they want to have a nice long line of trucks, because that's what they want to do and they don't want to have that island in the middle, well, if you are not going to do that island what else are you going to do? Maybe they are going to add way more trees or do something different. It would just give staff a little bit more flexibility and we think it would -- it would put us in a better position of negotiation, rather than the current code, the way it's written. So, I could certainly take comments on that, but that's the purpose of that -- of that change. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council Workshop August 13, 2013 Page 46 of 57 Bird: They are not there -- I mean that's their showroom and I mean you got -- that's why they got the automobiles out there. Pretty soon in the big showroom inside you're going to want to be putting trees in there, too. Yeah, let's help the businesses, not constrict them. I have nothing wrong with cars parked on asphalt. The cars look pretty dad gum nice and that's their showroom, that's how they make money and that's how they pay taxes to us. Let's leave the regulations alone. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I think flexibility is a key word here of alternative compliance. I think when we did CarMax over by Kleiner Park trying to work -- because of its location and proximity to the park and there was a lot of flexibility and how can we make it look good, but still allow them to have a showroom outside, basically. So, I think flexibility is going to be key on something like this. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I'd just repeat the comments I made to CarMax and that's more in how they run their lot, as opposed to how they landscape it. I would like to see in our ordinance that they are not allowed to elevate vehicles for public viewing, not be able to park vehicles in the landscaped area. If we are going to require more landscaping let's have them at least berm their facility if we are trying to look at some visual thing, as opposed to just low shrubs and trees. I can't -- I can't see that having a bunch of trees every 12 spaces that don't get watered or never get pruned are going to be to anybody's benefit. We see it all the time in some of the stuff we have already required and there is no maintenance enforcement, people walk over the shrubs and they look really dandy the first six months there and a year later they are beat down and they are stubs and they are nubs and they look terrible and full of cigarette butts and pop cans and whatever. So, I think we really need to take a look at what we are requiring and do we really get -- other than in some really fastidious businesses -- and I will name the one that is outstanding in our community -- is Fast Eddy's. I mean those people are out picking up micro debris and dusting everything and cleaning it up all the time. But you don't see that in some of these with big places where we have required a lot of landscaping. The new Walmart -- you drive out there right now, it looks tremendous. The landscaping is just first rate. But if you go look at it next year I will bet it doesn't come across that same way. So, I know what we are trying to do, but to me it's probably better to have that first visual in some of those big expanses in the way of a berm, if you will, and I think they will be more inclined to be able to -- it's easier to maintain that, as opposed to 15 or 20 planting beds within the parking lot. So, I guess I would say that whole issue needs to be looked at a little bit. I'm not against breaking it up visually, but I'm not sure if we are gaining anything with some of the things we are requiring. Meridian Cily Council Workshop August 13, 2013 Page 47 of 57 Lucas: Well, based on those comments I think on this one -- up to this point I think we have been pretty successful. On this one I think staff is going to pause and, then, take another look at this and -- and maybe see if this -- if this -- if what we currently have is adequate and maybe what we are -- what we are recommending is not -- is not the right way forward. So, we will go back to the drawing board on this one and see if -- if there is anything we can do and maybe what we do is leave it alone and just move forward with what we have. So, we will -- we will review that. The next one. Public hearing signs. This is really simple. We propose they are not legible. People can't see what they say. You're driving by you can't understand them. And so we have been asked to look at and see if at a minimum we could at least make the date of the hearing a lot bigger, because everything else -- you know, all the detail which will be put on there is good and dandy, but when you're driving by the thought is at least if you say public hearing and you can see 8/13/13, you go, oh, something's coming up, I want to call the city. Maybe we make the date and the phone number really big and everything else we leave alone. So, that would be something we wanted to run by the Council and see if you were open to that. We have a specific graphic that we would modify within our -- within our code that would emphasize the date and the -- probably the phone number of the planning department, because everything else, unless you're going maybe two miles an hour, you're not -- you're not going to be able to read it. So, does that sound like a reasonable change? Rountree: Madam Mayor? Zaremba: Madam Mayor? Rountree: Go ahead, David. Zaremba: Well, I would comment the three biggest things on the sign ought to be public hearing, the date, and the phone number. I agree with that. But also for consideration -- can we come up with some method for insisting that they actually take the sign down three weeks after the hearing or -- Bird: Or a week after Zaremba: A week after or -- give them a little bit of time, but there are some of these signs up that -- when a new one comes up it's meaningless. Lucas: Madam Mayor, Members of the Council, you're right and that's one reason we want to make the date as big as possible, because if the date was a year ago people would drive by and go, well, that's over, I missed it. But if it's bigger they can see -- oh. But we do have a provision I believe that requires them to take it down. How that's enforced, you know, that's more a -- Bird: We're not enforcing it. Lucas: -- it's more of an enforcement issue, so -- Meridian City Council Workshop August 13, 2013 Page 48 of 57 Rountree: Madam Mayor, I would -- I would condition that that we give code enforcement some chain saws and have them remove those signs. I know they are property, but I know of some that have been up for -- Bird: A year. Rountree: -- two or three years Nary: Madam Mayor? De Weerd: Mr. Nary. Rountree: And I know we can't do that, Bill Nary: No. I wasn't going to comment on that. Madam Mayor, Members of the Council, we have discussed this and one of the problems with them is the ones that are in the city code enforcement can enforce, but many of those signs are -- Rountree: They are in the county. Nary: -- for property to annex and they haven't annexed yet, so we don't have the legal method to get them to remove the sign. So, that is one problem that we have struggled with. The ones in the city definitely code enforcement does go out there and remind them to take it down, but many of the ones you see that are two or three years old, actually, they have never been annexed. They have never signed their development agreement or it's still pending, so -- De Weerd: Well, I won't suggest a stranger with a chain saw either. Can we write that into our ordinance? Lucas: Madam Mayor, Members of the Council, this is allowed uses within the industrial districts. This has been a topic that has gone back and forth with staff. I think the Council has weighed in several times on this and this round of UDC updates we wanted to look at the use table. There is a lot of uses that are conditionally allowed within our industrial districts that are not necessarily of an industrial nature. I have highlighted -- I believe they are highlighted in your packet some of those. Some of the most often ones we see they are arts, entertainment, or recreation facilities, gyms, gymnastics facilities, things like that. That's one thing that we -- we see go into the industrial districts that's not necessarily an industrial use. Churches are something we see going to the industrial districts periodically. And, then, the code does allow for other things, such as RV parks and other things to be conditionally permitted within the industrial districts. The Council doesn't see conditional use permits, it's our Planning and Zoning Commission that's the final acting body on those and so these are businesses that can happen and be approved that you're not necessarily seeing. And so staff wanted to touch bases with you and see if you were interested in removing some of these Meridian City Council Workshop August 13, 2013 Page 49 of 57 conditional uses from the industrial -- specifically the light industrial district and just now allowing them. The benefits would be preserving industrial land, which is a scarce commodity in the City of Meridian. Some of the down sides would be that you would -- by doing that some of the existing businesses that recently went in would become existing nonconforming, but that doesn't change their -- change their use, it just is a matter they could no longer conform with our zoning code. So, is that -- is that something you would like'us to bring forward. It's -- changing the use tables can be -- you know, there can be input on that from the community, so we didn't want to go just start striking stuff out of there without some discussion with you. De Weerd: I think you need to also research that a little further. If they are noncomplying I think it's very difficult to get a loan and you don't want to impact a business in that sense, so if you can do a little bit more research on that, Justin. I think that's a slippery slope. Any comments? Zaremba: Madam Mayor, just -- De Weerd: Mr. Zaremba. Zaremba: -- a comment on churches. The discussion that was had as the UDC was being written was that all churches ought to be zoned L-O and, then, somebody mentioned, well, we already have some churches in industrial zones and, then, somebody else said you really can't make a rule about a church. So, we ended up, I believe, allowing them in every zone, even though that was not the original intent. Maybe they are not allowed in R-4. But I don't remember the exact discussion, but it gets dicey if you start to put rules on churches. That's a little bit of a struggle. Lucas: Yeah. Madam Mayor, Members of the Council, you're right, churches do have specific standards under RLUIPA, which is a federal requirement of where we can do it, but there has to be a reasonable accommodation within the city for churches and we could -- we haven't done the complete test, but we can work with our legal department to see if by restricting them in the I-L zone are they no longer reasonably accommodated within the city and there is a lot of other places you can -- you can put churches, but that would be a test through the process that we would look at. De Weerd: Okay. Any further comments? Rountree: I support that, moving forward with looking at all those classifications. Lucas: Okay. So, Madam Mayor, Members of the Council, what we will do, then, is we will go through those and staff will, through the process, go ahead and make some recommendations related to that and you will have another bite at this apple, so -- but that helps us to know that we are in the right direction and we are going to go forward with that. Other than those items -- there were just a few at the end that were kind of informational only. We are not proposing anything specific at this time and I believe Meridian City Council Workshop August 13, 2013 Page 50 of 57 Caleb or Brian will cover one of them in a subsequent presentation. But thank you for your time today. I'm sorry it took so long. But I really appreciate the feedback. Bird: Thank you. G. Legal Department: Settlement Agreement in Eastern Oregon Construction vs. City of Meridian De Weerd: Thank you, Justin. Okay. Item 8-G is our Legal Department. Nary: Madam Mayor, Members of the Council, Bruce Castleton is also present to discuss this settlement agreement. We have previously discussed this matter. This is a legal matter with Eastern Oregon Construction and the City of Meridian. This is a settlement where there is no payment of any sort, that basically the parties would absorb their own fees. There would be a mutual release of any claims by anyone. Just for --just for recollection this was a dispute that occurred back in 2009. We actually had some work that was completed by Eastern Oregon, which the city did pay for. The resolution we think is appropriate, we think it meets the -- the needs of this, as well as the -- for both sides. I don't know if Bruce has anything else he would like to add, so -- De Weerd: Hi, Bruce. Castleton: Madam Mayor, Members of the City Council, how are you? De Weerd: Good. Castleton: I don't have anything to add. I know that the Council is aware of the legal issues that were involved in this case. The terms of the settlement, like Mr. Nary said, are simply that the parties are going to walk away at this point and essentially bear their own costs and fees. The issues have largely been litigated with a few remaining and subject to the Council's questions I think it's rather straight forward. De Weerd: Okay. Council, any questions? Bird: I have none. Just thank you very much for you work, Bruce. Appreciate it. Castleton: Thank you. De Weerd: Did you hear that, Dean? You need to articulate. Bird: I did articulate. It just wasn't loud. De Weerd: That was -- I will translate. Thank you. Castleton: Thank you, Madam Mayor. Appreciate it. Meridian Cily Council Workshop August 13, 2013 Page 51 of 57 Nary: Just need a motion to approve -- I think the settlement needs to be signed by you, Madam Mayor. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the settlement agreement with Eastern Oregon Construction, LLC, and the City of Meridian and for the Mayor to sign and the clerk to attest. Hoaglun: Second. De Weerd: I have a motion and a second to approve the document in front of you on Item 8-G. Any discussion from Council? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Thank you, Bruce. MOTION CARRIED: ALL AYES. H. Community Development: Update on Certain Plans, Projects and Initiatives in Downtown Meridian, Including an Upcoming Demonstration Project and Roadway Cross-Section Study De Weerd: Item 8-H is under our Community Development Department. I will turn this over to Brian. McClure: Madam Mayor, Members of Council, thank you for having me. I do have a few downtown project updates for you today. The first is that MDC recently rescinded their in lieu fee. For those of you unfamiliar with this, basically, we had a requirement downtown where our normal parking alternatives were not allowed and if you needed a parking alternative instead you used the in lieu fee. That is no longer the case. The city is working with the MDC and the parking committee to evaluate our future parking policies and standards and the update would be that we will be before you next month with some more information. The second item here for you is just kind of a reminder. I have been before you before to discuss this project. It's the downtown street cross- section master plan. This is for an area of the downtown -- we call it the city core. Basically between Meridian Road, East 3rd Street, Carlton and Bower, basically. Why are we doing this? It's really because we have avision -- we have streetscape design guidelines, but in most cases we have no past forums as to how we go about developing that, especially in the interim. You can see an example of where we don't have even a sidewalk in some locations here. The goal of this plan is really pretty straight forward. We want to know how to move forward. We want to be able to be Meridian City Council Workshop August 13, 2013 Page 52 of 57 transparent and clearly define our expectations and we want to know when we are doing away with a burden with development in downtown. There is a big question here and the reason I'm bringing it up is how do we involve the public. I will be a little bit critical here, but traditional planning outreach is pretty boring, you have a public meeting, hardly anyone shows up, and everyone gets mad later after the fact. Our downtown is important and we want to engage stakeholders, we want there to be vibrancy and energy and so we kind of -- we are trying to think of a way. that we could do this and have energy and excitement and get some attention for this project and involve people beforehand, rather than have complaints afterwards. Again, this isn't really a big surprise. The real -- the real kind of excitement here is that whereas before we presented an idea and started -- but now we are actually moving forward. So, I presented a parklet idea before. The idea is particularly taking over an existing parallel parking space and converting it into a pedestrian space. The key word here is demonstration. This is not a permanent thing. We are not doing it all the time. We do not have any policies for that. We are particularly doing a citizen use permit for a weekend and allowing something like this to occur. Before I get too far into that, I do want to take a moment here to basically thank some people. This would not be happening without some generous donations by Bennington Construction. The deck that we will be using for this, they have built and donated the materials for that. That would have been an expensive piece otherwise. And, then, all of the departments have worked really well us, fire, parks, legal, police and ACHD have all been very supportive of this. No one has said you can't do that. No one has been concerned that -- no one's been saying -- I mean really that, you know, this is a great idea for supporting downtown. It's not the city getting in the way, it's the city, it's the city trying to do something interesting. So, without their support we probably wouldn't be doing this right now. So, we did have three locations basically identified right now. The first two are Sunrise and Ricks. We have dates identified. For Sunrise it's going to be Labor Day weekend, basically, August 31st, and, then, it will be Rick's Pressroom on September 8th. And, then, the third one just recently became a bit of an unknown. If it does occur it will be on the weekend of September of 15th or 28th. Apparently there is a change of ownership occurring over there and we don't know what's going on, so if someone does, indeed, buy that and is interested, then, we can accommodate them, otherwise, we will only be doing two locations. This is a schematic of what we are, basically -- an example site. We had help with this and they have, basically, done that. The area you see in red, just to help you understand what you're looking at, is the parallel parking space. The space just north of that is outlined in the curb and north of that is the existing street environment. So, the area with the three tables and the three umbrellas, the circles you kind of see there, that's basically all going to be sitting on a deck and we will have some barriers around that and there is some planters and other kind of decorations to create some attraction and interest to people who see it down the street. The area in blue you see, that's also being used for this demonstration project. Normally that area is, basically, off limits, it's what we currently call the street furnishing zone. The purpose of this area is being -- without parking you have to have accommodations for people to get out of their cars and since we are not going to have parking here, we have to leave even more of the existing street environment for this exercise. Again, the goal here is to just have energy and vibrancy, provide the downtown businesses a chance to do Meridian City Council Workshop August 13, 2013 Page 53 of 57 something a little interesting and so far we have had a lot of interest and excitement with it. And with that I will stand for any questions you might have. De Weerd: Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would make a positive comment that I think this was the kind of thing that was envisioned by the downtown marketing plan, which must now be ten years ago or something like that. I think that's great. I would just ask -- particular the last schematic, but probably all of them -- double check -- I see the five foot clear zone and I don't know why, something in my mind clicks that ADA requirements might be eight foot. Have you looked at those things? Okay. McClure: Madam Mayor, Councilman Zaremba, we have looked at them. Zaremba: Okay Bird: Very good Rountree: I think it looks fun. It's a good concept. It's nice it's a demonstration. Hopefully it will catch on. De Weerd: Isn't it quicker, lighter, cheaper -- whatever. And that's good. Whatever wasn't part of that. Thank you, Brian. It's exciting. And they are working with Natalie to work on getting the information out to the public, so that people know it's coming up and they can come down and be a part of the demonstration project. Hood: And, Madam Mayor, I would just add, you know, if you can all get your reservations into Ricks or Sunrise, too, and, please, participate in this as well. So, thank you. De Weerd: Well, can you maybe copy or a-mail the PowerPoint and -- so we have some of this information on downtown? McClure: Madam Mayor, I have actually provided Natalie with a whole write up on this -- on this effort, but I can certainly give you the PowerPoint or whatever else you might want, so -- De Weerd: Okay. And if we can also a-mail that out to the MDC, so they can get it to their board, too. McClure: Certainly. Meridian City Council Workshop August 13, 2013 Page 54 of 57 A. City Clerk's Office: Appeal of Denial of TUP-13-0065 The Pursuit Worship Service by The Pursuit De Weerd: Okay. Thanks. Okay. Council, I just had a couple of things under -- certainly it's not Future Meeting Topics, but -- oh, yeah. I'm sorry. Madam Clerk, we will bring it back around to Item 8-A and see what the resolution is. Holman: Madam Mayor, Members of the Council, this will be really quick. It looks like they were able to go through the application and get basically what we needed. There is a few outstanding items that we would like to have by tomorrow. If we get those, then, we will process the application. The applicant needs to contact Central District Health Department regarding food service and contact Colin in our Parks Department regarding the decibel level in the park and the placement of some water features that they are using for baptisms on the grass and so as long as those three things are addressed tomorrow we will enter it into Accella and start processing their permit if you approve that. De Weerd: Okay. Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Do we want to structure that as a tentative approval today with it coming back next week to make sure everything was done? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I think what the appeal is is to allow them to complete the application process. So, I think really all you're doing is allowing them to complete the application. They still are subject to approval based on completing those requirements from the city, but that's what your appeal is is just the -- allowing them to complete the application. So, you would be granting them -- you're granting the approval of their appeal to complete their application. Zaremba: Thank you. That's a good way to put it. Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would move that we grant the approval of their appeal and allow them to complete the application. But I would also stipulate that it be completed within the next week. Rountree: Second. Meridian City Council Workshop August 13, 2013 Page 55 of 57 De Weerd: I have a motion and a second. Any discussion? Rountree: Madam Mayor, my only comment is that at some point in time we are going to have to be able to draw a line in the sand. This is going to take extra effort on not just the clerk's office, but fire and police and everybody else that is involved in this approval process. It's not just one person, so I remind everybody that this -- it's 30 days because it's -- you got to find these people's time to be able to work on these things. Bird: That's right. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would add to that in my current position as liaison to the Parks Department I have talked with the Parks Department about proposing even a longer deadline for some of the even bigger projects, because it's just -- there is so much to be done and it lays a lot of work on a lot of departments and a lot of individuals to try and catch up with -- at the last minute when they have got other things to do as well, so we may at some time be proposing that that 30 days turn into something even longer. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, we have had that discussion with all the various departments and if you recall we spoke about this earlier with the one that was denied a few months ago we said post-summer we would have a department discussion. There will probably be some things that we may be recommending to Council are essentially deal breakers, that if you miss the deadline there isn't an appeal. It's done. But there are things that we recognize that sometime just need to be completed and aren't that complicated, so trying to figure out what those are, we have had two seasons now of fairly aggressive large scale events and we have a lot of history now to address that. So, I think we -- I think we intend to meet your expectations, Council, in bringing you a recommendation on time limits and truly deadlines that are deadlines, as well as not really an ability to appeal that. The deadline is what it is. And that there are some things that can be cured in a fashion that would make it more practical for the types of events that we have. So, I think that's our intent. But I think on this one they have worked that out and feel comfortable that there is very little that can't get accomplished in the short window frame we have, so I think we are -- Ithink we are solving a problem on the short term and, hopefully, on the long term as well. De Weerd: We got a little off track on discussion for the motion, but, Madam Clerk, will you call roll. Meridian City Council Workshop August 13, 2013 Page 56 of 57 Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 9: Future Meeting Topics De Weerd: Item 9 is Future Meeting Topics. Council, any topics for consideration for future agendas? Bird: I have none. De Weerd: Just a couple of dates for a heads up. Councilman Zaremba, did you -- Zaremba: Huh-uh. De Weerd: Oh. Split corridor construction meeting update is on August 19th. We are doing -- our departments have looked at how they want to be involved on a voluntary basis in our community and certainly the Meridian Food is one of those. It's -- they are doing kind of a back to school drive for both school supplies and the backpack program -- food program. So, that competition is going on right now through August 23rd, so I would encourage you to -- to be part of the competition and participate. You will see barrels. I invite you to put all your stuff in the Mayor's office. Bird: The police department. Nary: Legal department has got a room, too. De Weerd: And if you don't have a list in your mailboxes already you will tomorrow, so -- okay. And, again, that's through August 23rd. And we are putting together our invitation list for the Recovery Day celebration. That's always in September. If you have anyone you would like us to contact about that specifically, if you will, please, let us know so we can get information to them and that is all I have. If there is nothing further -- yes, Mr. Zaremba. Zaremba: Your comment about the town hall with ACHD about the split corridor reminds me -- rumor has it that construction is maybe two weeks ahead -- or at least they -- they are thinking they may finish the whole thing maybe two weeks ahead and my question is are we thinking of any kind of celebration or ribbon cutting or -- De Weerd: Absolutely. I believe that ACHD has been working with our staff to make sure that it is -- it is recognized opening day in a -- in a good way and also to recognize the businesses and the residents that have been so impacted by this project. They would like to recognize them. Certainly the Greens come to mind in particular. They Meridian City Council Workshop August 13, 2013 Page 57 of 57 have been just tremendous advocates for ACRD and this ro'ect and been ood p1 g ambassadors to the project as a whole. So, anyway, as those details et ironed out I'm g sure you will be kept abreast of them. Caleb, anything you would like to add? Oka . Oka y y. If there is nothing further I would entertain a motion to adjourn. Bird: So moved. Rountree: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 5:42 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ~~~ q' / l~ / 13 MAYOR TAM E WEERD DATE APPROVED Meridian City Council Meeting DATE: August 13, 2013 ITEM NUMBER: 4A PROJECT NUMBER: MFP 13-001 ITEM TITLE: MFP 13-001 McNelis Subdivision by Ten Mile Investments, LLC Located Northwest Corner of N. Ten Mile and W. Ustick Road Request: Modification to the Final Plat to Remove a 20-Foot Wide Landscape Easement on Lots 3, 5 and 9, Block 1 of McNelis Subdivision MEETING NOTES ~i APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: August 13, 2013 ITEM NUMBER: 46 PROJECT NUMBER: FP 13-033 ITEM TITLE: FP 13-033 Bridgetower Estates by Cottonwood Development, LLC Located North Side of W. McMillan Road, Midway Between N. Black Cat Road and N. Ten Mile Road Request: Final Plat Approval Consisting of Sixty-Three (63) Rsidential Lots and Nine (9) Common Lots on Approximately 27.10 Acres in an R-4 Zoning District MEETING NOTES .;~ JF~ ~ ,~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: August 13, 2013 ITEM NUMBER: 4 PROJECT NUMBER: FP 13-034 ITEM TITLE: FP 13-034 Bellabrook Subdivision by ZWJ Properties, LLC Located 300 S. Locust Grove Road Request: Final Plat Approval Consisting of Twenty-Six (26) Building Lots and Four (4) Common Lots on 4.38 Acres of Land in an R-15 Zoning District MEETING NOTES ~~ I , Caa~~~ ~~ ~`~ ~ ~ ~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: August 13, 2013 ITEM NUMBER: PROJECT NUMBER: RZ 1 ITEM TITLE: Findings of Fact, Conclusions of Law for Approval: RZ 13-004 Valenti Rezone by Jeanne Valenti Located Northwest Corner of N. Meridian Road and W. Washington Street Request: Rezone of 0.34 of an Acre from the R-4 (Medium-Low-Density Residential) Zoning District to the O-T (Old Town) Zoning District MEETING NOTES ~~~~ y, ~~ ~~ ~"~~ ~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: August 13, 2013 ITEM NUMBER: PROJECT NUMBER: MDA 1 ITEM TITLE: 12 Findings of Fact, Conclusions of Law for Approval: MDA 13-012 Accolade by Fields at Gramercy, LLC Located Sovth of E. Overland Road and West of S. Bonito Way Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Amend the Accolade Development Agreement (Instrument #1 1 21 07771) to Reduce the Required Number of Carports MEETING NOTES E~~ ~~ ~~ Community ItemlPresentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: August 13, 2013 ITEM NUMBER: 4F PROJECT NUMBER: PP 13-009 ITEM TITLE: Findings of Fact, Conclusions of Law for Approval: PP 13-009 Touchstone Place by Iron Mountain Real Estate, Inc. Located South Side of E. Fairview Avenue and West of N. Stonehenge Way Request: Preliminary Plat Approval Consisting of Sixteen (16) Multi- Family Lots and Six (6) Common Lots on Approximately 4.38 Acres in an Existing R-15 Zoning District MEETING NOTES ~~ ~~P80VED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: August 13, 2013 ITEM NUMBER: 4G PROJECT NUMBER: CUP 13-003 ITEM TITLE: Findings of Fact, Conclusions of Law for Approval: CUP 13-003 Touchstone Place by Iron Mountain Real Estate, Inc. Located South Side of E. Fairview Avenue and West of N. Stonehenge Way Request: Conditional Use Prmit Approval for Sixty-Four (64) Multi- Family Dwelling Units in an Existing R-15 Zoning District MEETING NOTES '~' APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: August 13, 2013 ~'~i=M NUMBER: 4H PROJECT NUMBER: MDA 13-~11 ITEM TITLE: Findings of Fact, Conclusions of Law for Approval: MDA 13-O1 1 Touchstone Place by Iron Mountain Real Estate, Inc. Located South Side of E. Fairview Avenue and West of N. Stonehenge Way Request: Modify Certain Provisions Approved with the Recorded Development Agreement (Instrument #106187189) MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: August 13, 2013 ITEM NUMBER: ~!~~ PROJECT NUMBER: VAR 13-003 ITEM TITLE: Findings of Fact, Conclusions of Law for Approval: VAR 13-003 Plovanich by John Plovanich Located at 983 E. Tuweep Street Request: Variance to UDC 1 1-2A-3D.3, Which Prohibits Accessory Structures From Encroaching into the Required Side Yard MEETING NOTES Q~~D Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: August 13, 2013 ITEM NUMBER: 4,J PROJECT NUMBER: FP 13-028 ITEM TITLE: Final Order for Approval: FP 13-028 Heron Ridge Estates Subdivision by Mason & Stanfield, Inc. Located North of Chinden Boulevard, South of the Phyllis Canal and Approximately a 1 /2 Mile East of N. Black Cat Road Request: Final Plat Approval Consisting of Ten (10) Single Family Residential Lots and Four (4) Common Lots on Approximately Six (6) Acres in an R-2 Zoning District MEETING NOTES ~~a Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Mef"idian City Council Meeting DATE: August 13, 2013 ITEM NUMBER: PROJECT NUMBER: FP 13-031 ITEM TITLE: Final Order for Approval: FP 13-031 Fall Creek Subdivision No. 1 by Coleman Homes, LLC Located West Side of S. Stoddard Road and North of W. Victory Road Request: Final Plat Approval Consisting of 93 Single-Family Residential Building Lots and 13 Common/Other Lots on 39.67 Acres of Land in an R-8 Zoning District MEETING NOTES u~ ~FPRmVEO Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: August 13, 2013 ITEM NUMBER: PROJECT NUMBER: FP 13-030 ITEM TITLE: Final Order for Approval: FP 13-030 Reflection Ridge Subdivision No. 2 by Chist Todd, T- O Engineers Located West of S. Locust Grove Road and North of E. Amity Road Request: Final Plat Approval Consisting of Twelve (12) Building Lots and Two (2) Common /Other Lots on 5.41 Acres of Land in an R-8 Zoning District MEETING NOTES ~ ~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: August 13, 2013 ITEM NUMBER: PROJECT NUMBER: FP 13-032 ITEM TITLE: Final Order for Approval: FP 13-032 Paramount Commercial Southwest Subdivision No. 3 by Brighton Investments Located Near the Northeast Corner of W. McMillan Road and N. Linder Road Request: Final Plat Approval Consisting of One (1) Building Lot on Approximately 6.84 Acres of Land in a C-G Zoning District MEETING NOTES CJ ~~PROVED Community Item/Presentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: August 13, 2013 ITEM NUMBER: PROJECT NUMBER: CPAM 12-007 ITEM TITLE: Resolution No. ~ ~' v1~J`1 :CPAM 12-007 Woodburn West Subdivision by Northside Management Located North of W. Ustick Road, Approximately 1 I4 Mile East of N. Linder Road Request: Amend the Future Land Use Map Contained in the Comprehensive Plan to Change the Land Use Designation on 6.8 +/- Acres of Land from Mixed Use-Community (MU-C) with a Neighborhood Center (N.C.) Overlay to MDR (Medium Density Residential) MEETING NOTES f,.~ ,~ ~~' ~~~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D, Rich AMOUNT .00 3 BOISE IDAHO 08/14113 09:58 AM DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III RECORDED-REQUEST OF 11'F~~t~~~~ Meridian City CITY OF MERIDIAN RESOLUTION NO. ~ 3 - 93~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE FUTURE LAND USE MAP OF THE 2002 COMPREHENSIVE PLAN FOR 6.8 ACRES KNOWN AS WOODBURN WEST LOCATED NORTH OF W. USTICK ROAD '/4 MILE EAST OF N. CINDER ROAD, MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to Idaho Code § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as t•esolution 02-382; and WHEREAS, the Mayor and Council have deemed it appropriate to amend the future land use map of the 2002 Comprehensive Plan for approximately 6.8 acres of land from Mixed Use - Commercial (MU-C) with a Neighborhood Center (N.C.) overlay to Medium Density Residential (MDR). Said land is known as Woodburn West and is located north of W. Ustick Road'/4 mile east of N. Linder Road, Meridian, Idaho, Ada County; and WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required infot7nation necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVEll BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. Pursuant to Idaho Code §67-6509, the Mayot• and City Council hereby amend the City of Meridian Comprehensive Plan and Land Use Map, a copy of which is attached hereto incorporated herein by reference. A copy of this Resolution and the attached amendment shall be held on file in the office of the City Clerk. COMPRF.HF,NSIV1: PLAN AMENDMENT FOR FU'rUf2I LAND USE MAP - WOODI3UKN WEST CPAM l 2-007- Page 1 of 2 SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this ~ day of 2013. APPROVED by the Mayor of the City of Meridian, Idaho, this ~ day of 2013. APPROVED: ~ ~~ Mayor Ta y de Weerd ATTEST: ~`~tiz~~.~ nucvrT, l o` °~~ csiy ; BY~ - x ~I_f~Ns~ aycee Iolman, City Clerlc f~. J '°"`{~ r ~~., r"~ ~~P.~ rJ~FR "~ th e TAE ~`~~ti COMYIZGHENSIVE PLAN AML'NDMENT POK FUTURE LAND USE MAY - WOODBURN WEST CPAM 12-007- Page 2 Of 2 Existing Land Uses Legend Estate /Rural Residential Low Density Residential Medium Density Residential Med-High Density Residential High Density Residential Commercial Office Industrial Old Town Mixed Use Neighborhood Mixed Use Community Mixed Use Non-Residential Mixed Use Regional I-~ Mixed Use -Interchange I I Civic Project Site c J b C . J i' N Z p. O~ U' c J 0 500 1, 000 Feet :.~ r--i ~ v_ - _ ~~ Proposed Land Uses Project Site C J Meridian City Council Meeting DATE: August 13, 2013 ITEM NUMBER: PRQJECT NUMBER: VAC 13-002 ITEM TITLE: Resolution No. /3' 9'3-5 :VAC 13-002 Accolade (aka Gramercy) by Field at Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way, Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Vacate the Following Easements: 1) A Portion of the 10-Foot Wide PUDI and Landscape Easement Along the South Boundary of Lots 2 and 3, Block 7; 2) City of Meridian Water and Sewer Easements Along the North Boundary of Lots 1, 2 and 3, Block 7 Platted with Gramercy Subdivision; AND 3) a 25-Foot Wide Emergency Vehicle Access Easement Along the Shared Lot Lines of Lot 2 and 3, Block 7 Recorded as Instrument # 108013634 MEETING NOTES ~~FR~VED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .OD 5 BOISE IDAHO 08/14/13 09:58 AM DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III RECORDED-REQUEST OF Meridian Ciiy 11 L ~1~~ 1~h CITY OF MERIDIAN RESOLUTION NO. ~ 3 ~ °I ~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION VACATING A CITY OF MERIDIAN WATER AND SEWER EASEMENT PLATTED ON THE NORTH BOUNDARY OF LOTS 1, 2, AND 3, BLOCK 7 OF GRAMERCY SUBDIVISION NO. 1; A PORTION OF THE EXISTING PUBLIC UTILITY, DRAINAGE, IRRIGATION (PUDI) AND LANDSCAPE EASEMENT PLATTED ON THE SOUTH BOUNDARY OF LOTS 2 AND 3, BLOCK 7 OF GRAMERCY SUBDIVISION NO. 1 AND; A 25 FOOT WIDE EMERGENCY ACCESS EASEMENT ALONG THE SHARED BOUNDARY OF LOTS 2 AND 3, BLOCK 7 RECORDED AS INSTRUMENT #108013634 LOCATED SOUTH OF E. OVERLAND ROAD, WEST OF S. BONITO WAY BETWEEN E. BLUE HORIZON AND THE RIDENBAUGH CANAL IN THE NORTHEAST '/ OF SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 16, 2013 the City Council of Meridian, held a hearing on the vacation of a City of Meridian water and sewer easements platted on the north boundary of Lots 1, 2 and 3, Block 7 of Gramercy Subdivision No.l; A portion of the existing public utility, drainage, irrigation (PUDI) and landscape easement platted on the south boundary of Lots 2 and 3, Block 7 of Gramercy Subdivision No. 1 and; A 25-foot wide emergency access easement along the shared boundary of Lots 2 and 3, Bloclc 7 recorded as instrument #108013634 located south of E. Overland Road, west of S. Bonito Way between E. Blue Horizon and the Ridenbaugh Canal in the NE '/4 of Section 20, Township 3 North, Range 1East, Boise Meridian, City of Meridian, Ada County, Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and VACATION -ACCOLADE (VAC 13-002) Page 1 of 3 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City of Meridian water and sewer easements platted on the north boundary of Lots 1, 2 and 3, Block 7 of Gramercy Subdivision No.l; a portion of the existing public utility, drainage, irrigation (PUDI) and landscape easement platted on the south boundary of Lots 2 and 3, Blaclc 7 of Gramercy Subdivision No. 1 and; a 25-foot wide emergency access easement along the shared boundary of Lots 2 and 3, Bloclc 7 recorded as instrument #108013634 located south of E. Overland Road, west of S. Bonito Way between E. Blue Horizon and the Ridenbaugh Canal in the NE '/a of Section 20, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho is hereby vacated. A copy of the necessary relinquishment is attached as Exhibit "A". Section 2. That this Resolution shall be in frill force and effect immediately upon its adoption and approval. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this f 3~day of ~~~,L~ , 2013. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this I3~day of , 2013. Mayor Ta de Weerd ATTEST: ~,,,~,.~~,~~_~.~,,Srl o, C;ly or ~"~ /~1;1~II~lAI~1~ cec .Holman, City Clerk '•~'°""°~ rf~, 5i.f2 C~ yw ~F ~~ \ti ~~~he "fRC~S~~p VACATION -ACCOLADE (VAC 13-002) Page 2 of 3 STATE OF IDAHO, } ss County of Ada ) On this ~_ day of ~~o~e~5 ~- 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, lrnown to me to be the Mayor and City Clerlc, 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. - --~ -'~! ~~ ~~ ~~ ~ NO ARY PU LIC FOR ID' HO (SEAL) a' , ~ `" .Y~',, _ls~~~~`; IDING AT• ~ ~. d'w'%'^~ MY COMMISSION EXPIRES: ~_~ , ~~,~ ~; ~~ r ~ , u ~ ~ ra ~ ~ ®®'~~ f 1~, ~C3~'J `~®® SbiBP~m~ VACATION -ACCOLADE (VAC 13-002) Page 3 of 3 Exhibit A. Existing Easements to be Vacated w ~.i4 tN ,T, t ~..-~ .~i 1 1 . wc.v % »..~ vuty."~ ~ 1 r,.. •w .. ern .. I` ~•. ~~ 1 '~ V1 1 ~ V^ Njl I n^ fl ~ H . rl A 1 I ' ~ 1 N ~? I s I K 1 ! tl: I a y~N 7 n: ~r- I ' :~ Il' ~'• 1 d 1 o Ae I " N k.tl 1 a 1 M I \ Mt 1 * ~_I I .I'~ ~~U 1 r'I I I ~ ~ rl 1 1 r~~. 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', e~,y.;;:ttot;t;';G;~s;;~~:';:::':;t°•s.C;;;li~.j;f;~'.":'.~!iiEKienY~k"aCen~r%i :'r~s~'r.`,se~,<t~ ' ' r:rKNi 'i4.jANNk G~tckNMkNMMk ANRGG~Ik N~~1li/g 11 ftgG G,'~yb~y't~~`fny.G(.rf l!enW~~IiCT V.'p 4 ~ {` kY.tGreCNN#[N~GLSLXGL/N7tGLyGryGggGNGCiiiNNG6G~:gGyGrrGL1ryGkGLtM j"MaeYSC~`thl•.(-.:HK:RtSt~t'.~V~.~`€G Ay•`•~ 1'114{qh•N~--;1~yl771 YY 44 k4A R~N5;y~Gd YYl Y1-. C';?x~~.3l~Y,r•H4 ~4'6~1~1~1~1~i~~YL~ .. .L:v;v,y>ti!Yegztu.uo.u.::l:i~,l ~ -4i.~.Y.".C" 1i;5;S ~S',,`-1,(I;~fl;'f~~f!:::: ". ..,. .. .. .... ... . ,. .. ... ..:b IIiVU 0.•ID 1:f~li~Nr, ~; SUff Dle'1':I(71: Nil _ f I 15 ~, o;~ ~~o.N ~G~ S ~~~~~ ST. i ~~~G~ ~` ~ 2 i ~~ 2 f I 3 --°-~ ~-25.DD' .;. ~ f ~ --9 z.5o' EMERGENCY VEHICLE ANO J ~ DRlvEwAY ACCESS EASEMENT 5,678 SF +/- scn~E ~"~9°0~ EMERGENCY VEHICLE AND ' - DWG.DATE 92/20/07 bkb pRIVEUVAY ACCESS EASEMENT ~~~~~ ~~~ ~~ vl~a. No. 70830 LOTS 2 & 3 BLOCK 7 GRAM~BGY SUB© N0 1 SOL~TI~~VS SHEET , , . . ~ j 0~ ~ LOCATED IN TH£ NE 1 4 OF SECTION 2O, T.3N., R.tE., 9.M. l429 N. ROSARIO STREET, SUITE 9OU MERIDIAN, E~ANQ 83642 7083U-b7access.DIYG MERtDWJ, ADA CDUMY, IDAHO PAaa~ (208) s38-0x80 FaK (408) 838-0941 e. eLU~ yo~izor~ a~. gLOG~ 2 1 A~ Meridian City Council Meeting DATE: August 13, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approval of Bid Award and Contract to AME Electric, Inc for the "Well 20 Sites, Well 24 and Well 14 Control System Upgrades" Project for the Not-to-Exceed Amount of $209,000.00 MEETING NOTES u ~PP80VEU Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY O!= IVIERIDIAN GONTRACTIAGENDA REt~UEST CHEGI~CLIST Date: 7/3/2013 REQUESTING pEPARTME(~IT Pubti~ V1Tnrks i` ~d: 60 gepartrnent: Construction: x 3490 PSA: Task Order: Project Name: Well ZO sites, Well 24 and Well 14 Control System Upgrades Project Manager: Clint Worthington Department Representative; ContractorlConsultantfDesign Engineer: DC Engineering / AME ELECTRIC Budget Available (Attach Report}: Y Contract Amount; ~2Q9~p{JQ,QQ Wi!! fihe project cross fiscal years? Yes y No E-Builder license Yes; NJA No: Budget Information; FY Budget: FY13 Enhancement #: #$ - FY~3 Grant tl: Other: Type afsrant: i3ASIS oI= AwARp Low Bidder X Highest Rated Master Agreement { {Bid Results Attached} x {Ratings Attached} (Category} ~rN~calAward ves No k If na please state circu~r3stances and conclusion: Lowest bidder did not submit sign addendum with bid package. Keith consulted with Councilman Brad Hoaglun and Council did not want to dismiss lack of addendum as a rninar informality. Bid was deemed non-responsive and bid awarded to next highest bidder. 1.0 Oay Waiting Period Campiete: August 8, 2013 PW License # C-1.544 Current? (attach print out} Corporation Status (Attach Print Out}: Goodstand Date Award Posted: July 30, 2013 Yes Correct Category? N/A Insurance Certificates Received (Date}: August T, z013 Rating: ,Q~ Payment and Aerfarmance Bonds Received {Date}: August 7, 201.3 Rating: A Builders Rislc Ins. Req'd: Yes No X If yes, has policy been purchased? D-~-~ Submitted to Clerk €or Agenda: August 8, 2013 Appravcd by Couneil I purchase Order No. Date issued: Issue Notice o€ Award: Gate: GL Account: 94300 Project # 10417 Mayor Tammy cfe GVeard TO: Keith Watts FROM: Clint Worthington Staff Engineer II DATE: 8/8/20 t 3 Clay ~a€rnc![ M~anii~ttwlt Keith Bird Srad Hoagtun Charles Rountree C?a~ld zarem6a SUBJECT: Pr~aject I>r>tl'ormatiou; '4~e1) ZO Sites, 't'Vcll 14 sud Well 24 Contrtrl Systam €.Tpg;•atles DEPARTMENT CONTACT PERSONS II. III. taint Worthington, Staff Engineer II (Projeot Manager) 489-0349 Kyle Radek, Asst. City Engineer 489-0343 Warren Stev~rart, PW )attgineering Manager 489-0350 Tom Barry, Public Works Director 489-0372 DESCRIPTION' A. Back round The City of Meridian operates a water and sewer system with approximately 27,004 accounts. Public 'Works plans to upgrade existing water and wastewater supe-visory control and data acquisition {SCADA} radio systems to a single SC,A,DA system utilizing the City's existing wide area network. The ciut~ent SCADA Master Plan includes the assessment of the existing SCADA system and development of future SCADA system impra'vement projects, One of the highest priority projects identified tiering the SCADA master planning process was the need for new Programmable Logic Con#rollers {PLC's}. B, Pro op sed Project This project will provide control panel design, programming and startup services to replace the existing PLC's at three different sites. IMPACT A. Strategic Impact: 'T'his project is aligned with the Public Works objective of being opportunistic in planning for growth anti infrastructure needs. .Page X of ~ B. Service/Delivery Impact: The completion of this project will significantly increase Water infi•astiucture efficiencies through reliable commtu~ications tlu•ough SCADA. C. FiscalImnacts: Budgeted Amount (3490-94300) $290,000.00 Balance Available for Construction {3490-91300) $219,000.00 Pro osed Construction Cost 3490-94300 209 000.00 Unobligated Balance $10,00.00 IV. TZML CONSTRAINTS Execution of the attached contract is critical in order to begin constriction and complete the project to ensure reliable conununications fiom these Well Sites. Execution of the contract also allows Public Works to complete the project in the fiscal year (FY 2013) which it was budgeted. V. LIST OF ATTACI-IMCNTS A. Contract Approved for Council Agenda: _ ~ ~ ~ ~ ~'"~~~ ,~ ~ ~ 3 . amen Stewart Date Pn~e 2 of 2 Memo 7a: Jaycee L. Holman, City Clerk, from: Keith Watts, I'urehasing Manager CG: Jacy Jones, ClintlNorthington IDa~e: 817113 1'te: August 73 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the August 13 City Council Consent Agenda for Council's consideration. received. This award is the result of Formal IFB #PW-73-70417. Two bids were Recommended Council Action: Approval of Bid Award and Contract to AME Electric, Inc, for the Not To-Exceed amount of $2Q5,QQO.QO. Thank you far your cansideratian. ~ Page 1 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES (WELL 2Q SITES WELL 24 WELI.14 CONTROL SYSTEM UPGRADES} PROJECT # 1Q417 THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this 13t~' day of August, 2013, and entered into by and between the Gity of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho $3642, and AME Electric, Inc., hereinafter referred to as "CONTRACTOR", whose business address is 3621 Arthur St. Galdwelf, ID 83605 and whose Public Works Contractor License # is C-11544-AA-4. INTRODUCTION Whereas, the City has a need for services involving WELL 20 SITES WELL 24 WELL. 14 CONTROL SYSTEM UPGRADES; and WHEREAS, the Contractor is specially trained, experienced and competent to perfarm and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of UVork: 1.1 CONTRACTOR shall perfarm and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A"and incorporated herein by this reference, together with any amendments that maybe agreed to in writing by the parties. i .2 All documents, drawings and written work product prepared ar produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the Gity shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves aroyalty-free, nonexclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor wELL 20 SITES wELL 24 wELL i4 CONTROL SYSTEM UPGRADES page i a# 10 Praiect i04i7 represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports ar opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. t .4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance With a Schedule of ViJork, which the parties hereto shall agree to. The Schedule of W©rk may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Gantractarshall becompensated on aNot-To-Exceed basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Nat-To-Exceed amount of $209,000.00. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and casts incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City wi11 not withhold any Federal or State income taxes ar Social Security Tax from any payment made by Gity to Contractor under the terms and condi#ians of this Agreement. Payment of ail taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in #his Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the farm of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. Term; 3.1 This agreement shall became effective upon execution by both parties, and shall expire upon (a} completion of the agreed upon work, (b}September 30, 2013 or ~c} unless sooner terminated as provided below ar unless some other method or time of termination is listed in Attachment A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written noti#ication to Contractor. W!~LL 2d Sl7"t=S WRLL 2~ Wt=LL 14 COfVTROL SYSTEM UPGRf1p~S page 2 of 10 Project 10417 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty {30} days firom the date payment Is due. 3.4 TIME POR EXECUTING CONTRACT ANC? C.IQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 45 {forty-five} calendar days to complete the work as described herein. Contractor has ten {10} calendar days from Notice To Proceed to notify City, in writing, of any delays due to product availability. Such delay must be verified with written notice from manufacturer. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500 {five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Gontraotor in lieu of any claim or damage because of such delay and not be construed as a penalty. 4. Termirtatian: ~. t if, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations underthis Agreement, violates any of the covenants, agreements, or stipulations ofi this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any atl~er act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest ofi CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at feast fifteen (15}days before the effective date of such termination, CONTRACTOR may terming#e this agreement at any time by giving at least sixty {60} days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 42 Natwithstandingfhe above, CONTRACTOR shat! not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY far damages. WkLI.. 20 S1TES WELL 24 wE[.L 74 CONTROL SYSTEM U€'GRADES page 3 of iQ proloct 1~4i7 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the GITY. 5.2 Gontractor, its agents, officers, and employees are and at ail times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. B. lndemnlfiicatlon and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITYfrom and far any and all losses, claims, actions, judgments for damages, ar injury to persons or property and losses and expenses and other costs including litigation casts and attorney's fees, arising out of, resulting from, ar in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain,. and minimum amounts_as follow: General I..iability One Million Dollars {$1,000,000} per incident or occurrence, Automobile 1~iability Insurance One Million Dollars ($1,000,000} per incident ar occurrence and V1lorkers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable far an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and bald harmless CITY from and far all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , ar in connection with the performance of this Agreement by the Contractor ar Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, WELL 20 SITES WELL, 24 WELL i4 CONTROL SYSTI=M UPGRADES page 4 of 10 Praleat 10x17 including use af. CONTRACTOR shalt provide CfTY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (~ 0} days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shat! immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, ar named insureds must be declared in writing and approved by the City. At the option of the Gify, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions ar named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6,3 Ta the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers, Any insurance orself-insurance maintained by the City ar the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent a# City's negligence. 6.4 The Contractor's insurance shall apply separately to each insured against whom claim is made ar suit is brought, except with respect to the limits of the insurer's liability. 8.6 All insurance coverages far subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. fi.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bands are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. 8. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISP~t11C and any modifications, which by this reference are made a part hereof. 9. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed WEl-L 20 SITES WELL 24 WELL 14 CONTROL. SYSTEM UPGRAl3ES page 5 of 10 Project 10417 communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian AME ELECTRIC, INC Purchasing Manager Attn: Mike Tenhulzen 33 E Broadway Ave 3621 Arthur St Meridian, ID 83642 Caldwell, ID 83605 208-888-4433 Phone: 208-459-8959 Email: mike@ameelectric.com Idaho Public Worl~s License #C-11544-AA-4 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 10. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 11. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 12. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 13. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 14. Reports and Information: 14.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 14.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every WELL 20 SITES WELL 24 WELL 14 CONTROL SYSTEM UPGRADES page 6 of 10 Project 10417 other means of retarding upon any tangible thing, any form of communication ar representation including letters, words, pictures, sounds ar symbols ar any combination thereof. t 5. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY fnr examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such retards, and to make audits of all Contracts, invoices, materials, payrolls, records of personnel, Conditions of employment and other data relating to all matters covered by this Agreement. 16. Pubiicafiionl Reproduction and Use of Material: No material produced in whale or in part underthis Agreement shall be subject #o copyright in the United States or in any other country. The CITYshall have unrestricted authorityto publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement, 17. Compliance v~rith Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply With all applicable laws, ordinances, and codes of Federal, State, and local governments. ~ 8. Changes: The CITY may, from time to time, request changes in the Scope of lNork to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S campensatian, which are mutuallyagreed upon by and between the CfTY and CONTRACTOR, steal( be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 19. Construction and Severability: If any part of this Agreement is held to be invalid ar 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. 2q. Waiver of Default: VIlaiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiveror breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breath, and shall not be Construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. ~1. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice, 22. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereo# or contemporaneous herewith. WELT. 20 SITES WELL 24 WELL 14 CONTROL SYSTEM tJf'GRA[]ES page 7 of i0 Project 10417' 23. Order of Precedence: The order ar precedence shall be the contract agreement, the Invitation far Bid document, then the winning bidders submitted bid document. 24. Pub#ic Records Act: Pursuant to Idaho Code Section 8-335, et seq., information or documents received from the Contractor maybe open to public inspection and copying unless exempt from disclosure. The Contras#or shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition, the CITY will not accept a legend or statement on one (1 ~ page that all, ar substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or far the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall constitute a complete waiver of any and al! claims for damages caused by any such release. 25. Applicable Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 26. Approval Required: This Agreement shall not become effective ar binding until approved by the City of Meridian. CITY QF MERIDIAN TAMMY de W D, MAYOR Dated: ~ ~ ! ~ ' 1 ~ Dated: ~" (®" t ~ _ Approved by ~® l~ aW fUA114 `JA EE QLMAN, ITY CLERK r F~ SEAL ~y lFR ~~D a~lpr 'fflE AS~~' Purchasing Appro ai ~ epa nt ~ proval KEITH WATTS, Purchasing Manager WA REN STEWART, Engineering Manager Dated:: ~~ ~~ Dated:: '7 WELL 20 SITES WELL 24 WELL 14 CONTROL SYSTEM UPGRADES page $ of 10 Project 10417 Attachment A SC©PE OF WORK REFER T(~ l l~Vl~`:A;~`lO1V TC) ~!® PVIt~13~-~ 04~ 7 ALL ~.D~l~NDUItlIS, AT~A-~1-l~IlEl~li` a, ~~1~ EXF°tll3lT'~ included in the ln~itation to laid Package # l'W~13-10417, are by this reference made a part hereof. WELL 20 SITES WEE.1.24 WELL 14 C~IVTROL SYSTEM iJPGRRC}E;5 page 9 of 10 Project 104'!7 Attachment B ~I1ILESTONE / PAYMENT SCHEDUi.E WELL 20 SITES WELL 2g WELL i4 GG~fTROL 5Y5TEM UPGRADES page 1~ a# 10 Project 10417 ~.~, ~ _ ~ o `~ C O ~ o Q O ~ ~ C O X X X X X X X x x ~ U L U _N W E ~ W ~ ~ Q U a L ~ °' w Y ~ rr .Q ~ G ~ Q ~ o a Bond No. IDC 41706 Document A312 TM - 2010 Conforms with The American Instltttte of Architocts AIA Document 312 f~erformance Bona CONTRACTOR: (Nacre, legal status acrd address) AME Electric, Inc. 3621 Arthur St Ca)dwell, ID 63605 OWNER: (Vnure, legal slalrrs mtd address) Clty of Meridian 33 East Broadway Ave Meridian, ID 83642 CONSTRUCTION CONTRACT Date; August 13, 2013 Amaunh ~ 209,000.00 SURETY: (Name, legal slaters nrtdp~ lucipal place ofGrrslrress) Merchants Bonding Company (Mutual) 2100 Fleur Drive Des Moines, IA 50321-1158 Malling Address for Noticos 2100 Fleur Drive Des Moines, IA 50321-1158 Thisdocument has Important legal consequences. Consullntlon w11h an altomey Is encouraged with respect to Ito complallon or modl0callon. Any slnpular reference to Contractor, Surety, Owner or other party shall be cansldered piurol where appllcabie, Two Hundred Nine Thousand Dollars and 00/100 Description; (Nacre acrd locNlun) Wall 20 Sites Well 24 Well 14 Control System Upgrades BOND Datc: August 13, 2013 (Na1 enrller lirnu Carsh7rctlon f:outract Dote) Amount; $209,000.00 Two Hundred Nine Thousand Dollars and 00/100 1rladiCrcntions to tlils Bond; ~ Nono ~ Scc Scation 16 CONTRACTOR AS ARINCIPAL SURETY L'nrnpany: (Cur to Sea!) Company: (Corporate Seal) AME Electric, Inc, Merchants 13onding Company (Mutual) Si~naiure• ~ ~ Sisnature• ~^ ~,~ 1,~. ~<''~ ' t~ -~ J rdith A. Ev r eli fit Nome ~;~`j',~ ~-~~e~tl Name nnd'1'itie: ~1~,eS~~,Q,~- andTtlle: orney-in-Fact (~lrry addlNorral slgnarrwes appenr o» the last page of this PQrfarcrauce hard) (!'ORTiYFOR,LGITIONONLY -•Nacre, addressaad telepkorte) AGENT or 13ROKER; The Hartwell Corporation PO Box 51019 Idaho Falls, ID 63405-1019 208-522-565ti S-18621AS 8110 OWNER'S REPRESENTATIVE. (~1 rclrftect, L'cghreer ar ullrer party:) § 1 The Cantrnctor and Surety, jointly and sevei~liy, bind themselves, thou heirs, executors, administrators, succsssars acid ossigas to the O-vner for the perFatrannce of the t;attstructlon Contrnvt, which fs incorporated herein by refcrvnee. § 2 Ifilte Contraetorperfarms the Canstntotian Contract, rho Surety and the Contraetorshail haveno obfigakIon uuderlhis idoad, except whoa appllcable to ptutivipate in a eonFerenee ss provided in Section 3, § S IFiitere is na OwnerT}eFauit under the Construction Contract, the Surety's obiigatipn under this Bond shall arise otter .4 the firmer firstprovides notice to titc Contractor.aitd the Surety that the Orvner is considering declaring a Gontmctnr Default, Such notice shall indicate whether the Ownt:r Is reyuestisig a canfcrcncv runong #1ta Orr~ier, Cvntraclar and Surety to discass the Confrectar's performanca.lFthc devncr doasnotrequest $ canFerenoe, the Surety may, within five {5~ Business doys afterreceipt of the Orvncr's notice, request such a cnnfcrance.IfWe Surety timely requests a Canthrence, rite Owiterslitill attend. Unless the O-vncr agrees otfietwise, any eonferenco requested under this Section 3. t shall be held wiiliin ten {lp} irusiness days ofthc Surety's receipt Of the t)4Y7rCT'$ notice. If rite Otmer, the Caatractor and the Surety agree, the Contractor shalt be ultaweri a reasanabla rime to perform rite Construction Contract, butsuch an agreement shah notwaive the Owner's right, ifariy, subsequently to dealive a Contraetnr UeFault; .2 the t3cmcr declares a Co7ttractorDsFauit, tcrminatas the Cpnslniction Contraef andnotiiies Uie Surety; anti .3 the Orviter Etas agreed to pay i1tel3alanaeof the Contract I'rtce in act;ordance with the terms aFllie Construction Contract to the Surety or tp a vatitractar seieeted to perform the Construotion Cpntras;t. ' § Q Taiture on the parr of the firmer to eompiy rvitii the notice requirement in Section 3,1 shall not constitute a Failure is comply with a condition precedenk to ihcSurcty's oblige#ions, ar rclcasa the Surety from its obligations, except to the oxteiit the Surety demonstrates actual prejudlca. § S When lire Orvner has satisfied the conditiaus of Seotion 3, thcSurety shall promptiy and at the ti`uraty's expense take one aFtt~e follorvlirg actions: § 5.9 Arrange For the Contraetar, with tho consent of the Orvrter, to perform and cpitipicte the Cansiruclion Contract; § 5.2 Undertake to perform and compietp fire Construction Contract itself, ihrouglr its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals fYam qualified contractors aec~eptnbie to the Ormer For a eontraot far perfvrmanec and aampletiori oFtlie Canstructiait Contract, arrange far a contnict to be prapnred forexocution by the Orwivr and a contractor selected with the Ormei's concurrence, to be saciired with pcrfarmancc and payment bands executed by a qualified surety eguivnlent to Cite bands issued on the Caiswe#ion Cantrar:t, and pay to the O4rmer the ainvunt of damages as described in SecGan 7 tit exoess oFthe I3nlanee of the Contraot Price incurred by rho Orviier os a result of rite CantractorDeFnutt; or § G.4 Waive its right to perform and eotnpiete, arrange for completion, or obtain n now aonUmetar cad with reasonable promptness under the aircumstanccs: .T After invcstigafion, determine Ilia amount fprrvhiclt ft may be iiable tp the Owner and, ns scan as practicable after tiro nntnunt is daterminad, rirakc payziront to the Ormer; or .2 Deny 1lability ht wltpte or in part and notify the Orviter, citing the reasons fordenlal. § B IFthe Surety does not proceed as provided in Section S rvith reasonable promptttrss, the Surety shalt be deemed to be In default on this Bond seven days atterrcceipt of an addltlanal rvrttteii nailca from the Owner #a #hc Sarcty damanding that the Surety perform its obligations under this Band, and the Owner shall be vnlItlad to enforce any remedy avallablc to the firmer, Ifdte Surety proceeds as provided In Section 5.4, and the Orvaer refuses the pisyment or the Surety has denied liability, in whole or iri parr, wtthpui fttttlter notice the Owner shall ba entitled to cntbrao any remedy available to the Owner, S-'Iti52JRS t3J10 § 71f the Surety elects io not underb'ectlan 5.1, 5.2 or 5.3, then the responsibllitfes of the Snt~ty to the Owner sha#1 noE be greater than those oftho Contractarunder file Constnaclian Contract, and the respunsibilEties oftheOwner lothe $ure#y shall not be greater chart those of the t3«mer under the Construction Contract. Subjuek to the eommiRrtent by the Owner #a pay the Batanco of the Cantrnot Price, the Surety is obligated, without duplication, €or >1 the responsibilities of the Contractor for correction ofdefective work and t:ompletign of the Gonstruaticrn Contrsc#; ,2 additlonul Iegal, design profossianal and delay costs resulting from the Contractor's Uofau[t, and resulting from the actions or failure to act of tho Surety underSection 5, and ,8 ~Iiquldated damages, arif no liquidated damages are speeliZed in the Construction Ct}atraci, aettial damages caused by delayed perfarmanco or non-performance o€the Contrnc#ar. § 8lf the Surety elects #o act underSeclion 5.1, 5.3 or 5,~1, tltc Surety`s liability is ltmiied to the amount of this Dond § 9 The Surety shall not bo liable io the Otivnerar others fur obligations of the Contractor that arc unrelated to the Construction Contract, and the I3nlanco of tl:e Contract Price shalt not 6e reduced or set offon account ofanysuch unrnlatcd obligations.Na right of action shall accrue on this Bond to any person or entity other ihan file Owner or its heirs, c;cccutors, edminlstra[ars,euccessors and assigns, § '! 0 The Surt:ty hereby waives notice of arty citango, Including chaag~ of timo, to the Construction Canlraat or to related subcontracts, purchase orders and other obligations, § 91 Any proceeding, Legal or equitable, under this.l3and may 6c Instituted in any court of competent jurisdiction in the location in tivhialr the tivorkor part o€tho tivork is located and shall be t`nstituted SvIfh#n ttivq years aflcr a declaration ofCantractor llefault ar rvithln two years niter lice Contractor ccasod working ar within rivo years after the Surety refuses or fails to perform its obligations under this hand, svhichaver occurs first lfthe pravls}one of this paragraph arc void or prohibited by l ativ, file minimum period of limitation nva#Ialsle to sureties as a deCenso in lice jurisdietian of the suit shall i~ applicable. § 12 Nolico to the Surety, the 0-vncr or the Contractorsitali be tnallcd or delivered #a the address shown an the page qn which theirsignature appoars, § 9 3 When this Bond has been famished io comply with a stahtiary or other legal requirement in fire lacaHon where the cgttstrua#ian was to ba performed, any provision In this Bond conflicting with said statutory or legal requirement shall be deerrted dcietud hert;from and provisions confntming to ;*uch statutory or other legal requirement shall 5e deemed incorporated herein. When so fitmishcd, rho cutout is that this Bond shall be construed ns a statutory pond and not as a common ittw''band, § 94 ~leflnltlorts § 74.1 Calartae of the Contrac# Prlcd. x'isa fatal amount payable by the Owner to file Contractor undertha Construction Contract after alt proper adjttstmcnts have been made, including allowance to the Contractoro€aay amounts received or to be received by file OFVner In settlement of htsurnnce 4r atheraiaims for daatages to which the Contractor Is entit#ed, reduced by alI valid and proper paytncnGS made to anon behaifof the Contractor under the Construction Cantrac#. § 95.2 Cvnstructlgtt Cpntraat,'11re agret:moni between the Uwner and L'antraetor identified an the cover page, including all Contract 1)oeuments anti changes made to the agreement and tiro Contrnet f?ocuments. § 7 d.3 i;onfrar:tar Aat`aalt. Failure ofthe Contractor, wh#oh has not been remedied or waived, to porfaxm qr alhcrsvisc to compiywith a materiel form of the Construction Contract, § 14,1 Owttat' t)efau#f. Failure of the OSVrier, which floe not been rcnredied or waived, to pay fire Contractor as required under the Canstruclien Cnntract or #o perfarnr and complete ar comply with the otl-ermaterial terms aftl-e Constnrctian Contract § '14.~ Contract bacuments, All the documents that contpdse fire agreement behveen the Owner and Contractor; § 451fthis Bond is Issued (bran agreement between a Conir~aator and st~bcantreetor, the term Contractorln this Bond shall be dcetned to be Subcantmatar and the term Otimer shall be deamed to he Contr+rutor. S-it3521g5 011 D § 98 Madiiicaitans is ibis bond are as!'atfo~vs: (Space is pravtdcd betotiv far• addittnnal sfgrtalr+r~s ofadcldd parltes, other thnrt 1/tose trppeartrrgon the eorerpage.) COH't•t^tACTOR AS P~t1NC(PAL. SUR~'TY Company: (Corporate Seat) Company: fCo~po~ ate5'opl) Signnn~re; Signature; Nome and 7'flta: dame and Tike; Address Address s-~sszras et~o Band No. lDC 41706 Payment ~®nc>~ coIVTRACroR; (Nacre, lagalslahrs acd address) AMC Electric, Inc. 3621 Arthur St Caldwell, ID 83605 OWNER: (Yacre, legal slaters mrd address) City of Meridian 33 East Broadway Ave Meridian, ID 83642 SURETY: (Nacre, legal statrrsand pr/rrclpn! place of buslrtess 11 Merchants Bonding Company {Mutual) ~I 2100 Fleur Drive Des Moines, IA 50321-1158 Mallln~ Address forNotlcos 2100 Fleur Drive Des Moines, IA 50321-1158 This document has Important Iegai consequences, Consultation with an attorney Is encouraged wllh respect to Its compleilon or modlGcattOn. Any singular reference to Contractor, Surety, Owner or other party shall be oansldered plural where appllcablo. CONSTRUCTION CONTRACT Date: August 13, 2013 Amount: $209,000.00 Two Hundred Nine Thousand Dollars and 00/100 ncscrIption: (Nacre arrd locatiarr) Well 20 Sites Well 24 Well 14 Control System Upgrades BOND Auto; August 13, 2013 (rl'o1 ear~lfer //tart Cortslrtrcllon Corrlracl Dale) Amount: 5209,000.00 Two Hundred Nine Thousand Dollars and 00/100 Madifrcations to this Aond: X~ None [] Seo Section ll; CONTRACTOR AS ARINCIPAL SURETY Company: (Corpor fe Seal) Company: (Corporate Seal) AME Electric, lac. Merchants Bonding Company (Mutual) (~ Signature: -~/Signature: ~ ~ ~t ! 4! .~ Name I~~ Y ~Y~ ~+~~~.,~ Name du th A. Everheart and Title; P r ~ S i ~~,,~• turd TIUe: A~ rney-in-Fact (~trry addltlocal sigrralra•es nppear~oc the last page of lhls Payurecllfocd) (fOR INFORLLfTlONONLY --rl'acre, address and feleplroce) AGENT ar BROKER: The Mariwell Corporation PO Box 51019 Idaho Falis, ID 83405-1019 208-522-5656 5~2149fAS 0110 ®®~~~ent X312 TM ~- 241 ~ Conforms with The American Instittrta of Architects AIA Document 391 OWNCR'S REPRESENTATIVE; (Arclrlfecl, L'cglneer or artier par•fy;) ~~ § 9 9'he Cantractar and Surety,,~olntly and severally, bind themselves, ilteir heirs, esecutar~, udntsnisiratars, suct:essors and asslgtts to the Owner to pay far Inbor, maierlaLs and equipment tttmisltetl For use in fife pcrfattmaztce of tha Coustntetlaa Contras#, which is incarpprated ltereiiz by rcferanco, subject to the follawfng terms, § 2 Tf the Coniractarpromptly makes paytncnt of al! sums Butz to Ctaintants, and defends, indOtnnifies and holds harmless the Owner front claims, demands, Liens or salts by any person ar entity seeping payment for tabor, materiels or equipment furnished for use in the performance of the Consttuctian Contract, thou tftc Surety and tha Conlraetorshatt have no obligation under this Band. § 3 IFUtere is na owner Del<~ult undarthe Comslruetlon Contract, the Surety's obligation to the Ovmer under this Bond steel} arise altar ills flvmer has promptly notified Eho Con#raetorand the Suraty (at fife address described is Sootlon 13} of claims, dcmattds, liens or suits ngoimst tits Uwner ar Ilte Owner's property by any person or entity seeking payment for labor, rnateriais ar eslu}prmepF furnished far use in tha performance of life Canstrut;tian Contract and tomdcrcd defcnso afsuch cfaints, demands, fleas orsuits Ia the Contractor and llto Surety, § 41Ylten tiro Owner has satisfied the eatzdltions in Section 3, the Surety shall promptly anti at ills Surety's expense defand, htdcmaify and paid harmless the Owtteragainstt!daty #ettdercd claim, demand, Lien or suit. § 5 The Suroty's obligations to a Ciaitnant under this Bond steal! arise after the fofio~ving: § 6.4 Claimants, who do not have a diree# contract with the Contractor, . .'1 have fttmished a u~it#en no#Ece afnon-payment to the Contractor, std#}ng with substantial accuracy the amount elahned and the namzo aathe party to wham the materials ware, of equipmottt was, famished or suppled or for -vliom the tabor was done or perlbtsned, within ninety (9a}days after ltaviag lastperfarmed Iaboror last futttlshod materials ar equipment InahttiCd intfte Claim; and • .2 havo scat a Claim to the Surety (at the address described fn Section 13). § ti.2 Claimants, who arc crnpioycd by or havo a direct contract wlilt t8e Contractor, have seam Claim lathe Surety (at the address described in Scotian 13}, § 6 if a native of non•payntent required by Seel}on 5.1.1 Is given by tits Owner to the Canttactar, that is sufticleat to satisfy a Claimant's obligation to furnish a written notlct: Ufnon.payment under St:ction 5.1,1. § 7 When a Ctaimanthas satisfied the canditioas of Sections 5.1 ar 5,2, tivl-ichever is applicable, the Surety shall prampify and ut tha Surety's expense take the following actions; § 7.1 Send an attswtr to the Claimamt, with n copy to the Owner, wIlhln sixty (60j days after receipt of the Claim, stating the amounts that are undisputed and the basis fvr challenging any ptaaunis that are disptticd; and g 7.2 Pay orarmngtz for payment ofany andlsputed amounts § 7.3 The Surety's failure to discharge Its abligatians under Section 7,l or Set:tian 7,2 shall not be deemed to constitute a waiver of defenses the Surety ar Cnntmciar Wray have or negaire as to a Cloim, axcept ~ to undisputed arrtounts forwhich the Surety and Claimant have reached agreetnen#. If, however, the Surety tails to discharge its 4bIigalions udder Sootlon 7,l or Set:tlon 7.2, #lto Surclysltalt indetnmify the Clalntant for the rcasanable attorney's fees the Cfaitnnnt Incurs thereafter to recover any sums found to be due mid owing to the Glalmant. § l3 The Surety's total obligation shaft not exceed the amrntnt of this Bond, plus tFte amount ofraastrnnble allomey's fees provided uctdcr Section 7.3, and the amount pfthls Bond shall be credited for any payments toads in ~;aad faith by the Surely, § 9 Amauntsosved by the Owner tv the Canlrttetor under ills Consttttctian Contract sltalI be used for the performance of fife Consfruetion Contract attd to satisfy claims, If any, under any eonsttttclion pcrfomtance band, I3y the Contractor fltrnlslting and the Otivner accelrting iltis Band, Ihey agree that at! funds eamcd by tiro Contractor fn the perfomtanee of the Consirucdon Contract are dedicated to satisfy obligations of the Contractor and Surety under tills bond, subject to the 04vner's priority to ust: ills funds for khc completion oftite work. . S-2i~I91A5 6114 ~ 90 The Surciy shall not be Itablo to the Otvnet; Claimants arothers for obligations of thv Canfrac#or titat arc tmrclatcd to the Construction Contract, TIte Owner shall not be liable for the payment of any costs or expenses of any Claimant under tills Band, and sLail hate under this Hand no obligation !a make payments to, orglvo notice on behalf of, Claimants ar othcr~visa have any obligations #a Claimants ender this Band. § 99 The Surety hereby waives notice afany altaugo, inetudingcheages of lima, to the Consh•uctiott Contract ar to related sabcontracts,purchase order, And other abligaiians. § 92 No salt or act'son shall ba commenced by a Clatmtutt under this Band other Wan is a court of cafnpetcnt jurlsdictiort !n the stab in which the project that is the subject of the Construction Contraohis Iona#ed or aftcsr the expiration of one year from We date {#) ou tiirhlolt the Claimant sent a Claim to tlto Surety pursuant to Section 5,1.2 ar 5.2, or {2) on which tho last labor urservice was perfermed by anyone or tho last materials ar equipment -vcre famished by anyone under the Construetlaa Coatraet, whinhevarot{1) or (2) Frst occurs. If the pmvlsions of this Paragraph era void arpralubited by laic, the minimum period vflimitation available to st:reties as u defense in the jurisdiction ofWc suit shall be Applicable. § 9 3 Notice and Clniaas to the Surety, We Owner or tlto Contractor shall be mailed or delivered to the address shown on the page on which their signafvre appeals. Actual receipt aFnalica or Clahrts, however aeeampIished, shall be sufficient compliance as of the date received. § 9+1 When Wis Hand has been fitrnishcd to comply wlUt a statutory or other legal requirement lt- the location r~vhore the constractian was to be performed, auyprovlsion in this Botid can#Iicting with said statutory or Iegnl requirement shall he deemed doleted hcrefram and provisions confattnIng to suah statutory or outer legal requirement sltatf be deemed incorporated herein. When so furnfsltCd, the intent is that Ihis Hoed shall be construed as a statutory bond and not as a comrcion law Sand. § 95 Upon request 8y any person orentity appearing io hC a pvicntial bcncfieiary ot:this Boad, the Contractor and Ciwner shall promptly famish a copy of this Hond or shall permit o copy to be ntAda, § 9ti Da#Inltlons § 9 t3.'1 Claltrt. A written statement by the Cfaimatit including at a minimuw; .9 the name ofthe Claimant; ,2 the Hama of the person for whom llto labor roes done, or materials or equipment furnished; .3 a Copy afthe agrGCmcnt orpurchase ordcrpursuant'to which labor, materials or equipment was famished for ttsa in We pcrforntanca of the Constntc#ion ConUuct; .A a brief desedptlvn of the labor, materials or equipment furnished; .6 the date on which the C1altnant Itts# performed labor or Iasi farnishcd materials or equipmenE for use in the performance of the Construc[ion Contrnct; .S the rotel amount earned by the Claimant for Ia6or, materials or equipment futnislted as vfthe data of tho Claittt; ,7 the total amount ofpravious payments received by the Claimant; and .8 the total amount dne and unpaid to Wo Glalmant for Iabor, materials ar equipment furnished as of the date of the Claim. § 96.2 Clatrnant, M individual ar en#ity having a direct con(ract wish the Contractor ar lvith a subeontnetar of #ito Contractor to furnish labor, materials or equipment far ase in tlteperfotmance ofthv Construction Can#ract. The term Claimant also includes any I-tdlvidual vrentity Utat has rightfully asserted n claim under an applicable moohanio'S lien or slrrtltarsintnta against thereat property upon tvhich the ]rrajeot is loca[ed.The intent oFflzis Band shall be to includewithout Iimi#atian &t the terms "labor, materiels or equipraeu#" that part af~vater, gas, power, light, heat, ail, gasoline, felephane service orrcnfal cgnipmont used in the Construction Contract, architectural and engineering servlaes required forpcrforntance ofthe work of the Contractor and the Contractor's subcontractors, and all other items far which a mechanic's Lien may by asserted In. W.o jurisdle#Ion whero the tabor, rnnterlals or equipment ware famished, § 1 ti.3 CanstracEtvn Canlraet.'Thc agreement between Ute 0-vner and Contractor iden!'sficd on the cover page, lnaluding all Contract t?acutnents aad al! changes made to the agreement and the Contract iloeurncnts, 3.21881RS t3i1t1 § 16.4 Owner' k}efauit, failure ofthe Oivncr,'~vhich bus not beast ram4died or waived, to pay kite Cantructor as rcquirad undo the Construction Contract or to parfacn~ wid eamptete or aompiy tivitFi the ati;ar matcriat Terms of thD Construction Coutracl. § 16,6 Confract paautnettts. Aii the documents that comprise tiro agreement betwaen the t)rvi;ar and Contractor. § '! 71f this i3ond is Issued far an ngreorneat between a Contractcr and subcontractor, the teme Cantraciar in this Fond shaft be deomed to be Subcontractor and the farm fl~vner sbsfl be deemed to be Contractor. § 18 Modifications to thia bond are as fotiasvs; (Space !s p-avfclyd below for addrflonat sigrrnttrres of added parties, otfrer lFtuu !base appearing urt the cover prt~+a.) CpiVTRAGTOft AS pRtiVClpAI. siJ~t~TY Compan}: (Ca, poi nfc S'ea!) Company; (Corporat~~'ea1) Signature: Signature; l+fama and'fit3et Name and 7'iiie; Address Address s-ziast,~s Otto .E~C~CAN+I`S BOND.~NO COMPANY~+ P~l~l~~i U~ ATT~RIV~Y Know Ail Persons t3y These Presents, that fV€ERCt-tANT5 gONpiNG COMPANY {NfUTUAL}and MCfiGHANTS NAT€DNAt_ 130Nt3€NG, iNC., bofh batng corpora~lans duly organized under the laws of the Slate of Iowa {herein collecfivsiy called the "Gompantes"), and Thal the Compantes da hereby make, consDtute and appoint, indtvtduaiiy, De4tay perry,Tvdd It Mary, Salty perry, Angela Rea Miller, Staei Matheson, Karl F Baughman, Judith A Bvarhear# a# Idaho Faits and Stale of Idaho their true and lawful Attorney-in-Fact, with full power and authority hereby conferred to their name, ptaoe and sfead, to sign, exeeuto, acknowledge and deliver in their behalf as surety any and all bands, underiaktngs, recognlzances or other written obligations to the nature thereof, subJecl to the ttmt#atfan chat any such Instrument shat! net exceed the amount of: TFIREE iV1Tital.CpN (~3,OOQ,QO©.a©) DOlG~.A,1iS and to #rlnd the Companies thereby as fully and to the same extent as If such band or undpriaking was signed by the duly authartzod officers of the Compantes, and ail the acts of said Attorney-in-Fact, pursuant la the authority herein given, are hereby ratifred and oanfirmed, This Power-af-Attorney €s made and executed pursuant to and by authority of the follow€ng By-Laws adapted by the t3oard of Directors of the Merchants Bnnding Company {Mutual} an Aprif 23, 2011 and adapted by Ehe Board of EOlractors of Merchants National Banding, Inc„ on t?vtaber 24, 2011. "The President, Secretary, Treasurer, ar any Assistant Treasurer or any Assts#ant Secretary or any Viao Pres€dant shall have power and authority #a appaini Attorneys-In-Faa#, and to auEhar€ze Ihem !o execute on behalf of the Gorripany, and attach the seat of the Company thereto, bands and undertakings, recagntzanaes, contracts of indemnity and other writings abltgatory to the nature thereof. The signature of any authorized officer and the seal o€ the Gompany may be affixed by facsimile ar elsatranlc transmission to any Bower of Attorney or Certfficalton thereof authorizing the execution and deftvery of any bond, undertatclllg, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have Iha same force and effect as though manually fixed," to Witness Whereof, the Companies have oaused this instrument to be signed and seated this 5th day of August , 2043 . t ,,tr,.,...,...nryy ;.erg .~'~a,~~~`~°-. e ~y ~ ++yy~~ ~yy).d[AW +~ +t ~ STATE DF Ir3WA rte''++, ~'r ,a'4 COUNTY C3F POLK ss. ~h++~~+rr"r~iti~-r' ~6~4~~ P Q ~~A ~' • ti ,,~ . O~~ ~._ 1933 ; ~' • rj •~4• • ~; • ., ,~ . ~~i~~{R• Mi=RGtiANTS BO€V[1'ING COMPANY {tNi3TUAL} MERCWANTS NATfONAL BCNbiNG, INC. ~ ~~ t'r8sldent (fin this 5th day of Rergast 2013 ,before ms appeared Larry 7ayiar, tome personally known, who being by me duly sworn did say chat hp Is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NAT€DNAL 8flND1NG, 1NC.; and that the seats affxed to the foregoing €nslntmen! is the Corporate Seats of the Companies; and that the said instnnnen# was signed and seated !n behalf of the Companies by authority of their respective Boards of Dlreciars. in Testimony Whereat, t have hereunto set my hand and affixed rrly Df(ictal Seat at the Gity of Des Moines, iawa, the day and year first above wr€#ten. IARAN[3A G~~~NWA~.T ~~ ~~~~~ t:ommtsston Number 77DS42 ~ ~O~COtaber 28, 2044 pire8 Notary Publta, pant t;ounty, tows STATE 4F IDWA COUNTY 01= FOLK ss. t, Witham Warner, ,Jr., Secretary of the f~lEt{Ct•tRNTS t30NDtNG COMPANY (MUTUAL} and MERCHANTS NATIONAL SONt71NG, 1NG., do hereby cerfifY t€tat the above and faregaintJ fs a true and correct copy of the POWER-OF-ATTORNEY executed by said Catnpan'tes, w#stch Is still in A force and effect and has not been amended or revoked. to Witness Whereof, I have hereunto set this 43th day of August 204'< -t>'- E0~3 POA 0014 (11!11) '-t;~rt3,"• ++.. hand and affixed the seat of the Compantes an ~....., .' ~~t1G Cp,~,•.~ . f..; ~ _o_ ~~: . ~ `~ : ~' Secrete ;~` !933 ; c' ry . ~' ~ Y. ~~~r. ~~• %"~''~ p~ g pp~~ yy EE pp ~~gg 11 I ~~~ RA AMEEL-9 OP Et7; $~~~~ ~~~~1~~1,.+'J`1,~~ ~~ ~I;P'iR~~~E~~ ~~~~df"`~i~~~ ~aATe{nslaruomyY} "'y . nn one ra e THIS Cl=RTIFIGATE iS ISSUED AS A MATTER OF INFORMATION ONLY ANI1 CONFERS N17 R1CriiT5 UPON THE CERTIFICATE HOLDER. THIS CI~RTII'IGA7E DOES NOT AFFIRMATIVELY OR NEGATIVELY AM1=t~D, EXTEND OR ALTER THE COVERAGE AFFQRUED BY 'ti~lE POLICIES BELOW. THIS CERTIFICATE 01= INSURANCE ilpES NOT CON5TiTUTI: A CONTRACT BI=TWEEN TtIE ISSUING INSURER(S), AUTHORI2Ei7 irPRESi=NTATIVIr OR PRpDUCER, ANC- THE CI:#2TIFICATE HOLDER, IMPORTANT: i# the certi#icaty holder Is an AC the terms and carfditlons of the policy, certain NROdUCi;R The Hartwell Corporation -Cal PC} Bax Aaa Caldwell, ID 836x8 Raymond Walfe INSI1ReD AME ~iectric, InG. 3629 Arthur Street Caidweli, ILl 836U5 .L INSURED, the pollCy{les) must ba endorsed. If SUBROGATION I5 WAIVED, subject to may require an endorsement. A statement pn this certlflGate does not corlfar rights to the COVERAGES t:i~RTIFICATI; NUMBER: cinnati ins Co Qak I`ire lnsui #tI;VlSiON NUMBER: 111!5 IS ~#U CERTIFY Tt1AT THE PpLICiEB QF IN51iRANCE LISTED BELOVki HAVE BECN ISSUEb TO THE iNSURlrb NAMED ABOVE POR THE POLICY PERIOD tNDICATEO. NOTWITHSTANBING ANY i2EQUIREMENT, TERM OR CONDITION OF' ANY CQNTRRCT QR OTHER pOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 8E ISSt]EO OFt MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES f~ESGRiBI~ D HEwREiIJ tS SUB,3ECT TO ALL THE TERMS, EXCLUSIONS ANR CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCEb BY PAlI? CLAIMS . ILTRR TYp1; OF INSURANCE nD B ` .POLICY NUrifBER fAQ160Y YYY PNOd tGY E YY LIMITS GENERAL LIABILA?Y EACH OCCURRENCE $ 1,ODO,44 A X COMMERCIALG[NERALLIABILITY X EPPA14a242 1a1a9f92 1x101113 PRE 1~5~G£SEaa~ocurrance $ _ 500,00 CLA€MS•MAOE ~X OCCUR MEDEXN{Myonaparson} $ ~ 1fl,4a PERSONAL 8 ADV INJURY 3 1 tO4fl,00 C3ENtRAL AGGREGATE S 2e40fl.44 GEN'LAGGREOATFLIiAITAPpLIESPEIi; PrtO}}UCTS•COMPlOPAGG $ 2>flO4,Ofl POLICY X pR0• LOC Emp Ben. S 113fl4000 AU TOMOIIFl.C I,IAOIi1tY CU NED SINGLE L1MET 1 000 4fl Ea etddonl , , X ANY AUTO __ NED EBAa1ao2az 1010'!112 10/07/13 HODILYINJLIRY(Perparsanl s AUTOS AUTOSULER BODiLYtNJURY{Peracciden!} S " HIRE;OAUTOS NON-0WNEU AUTOS PROPERTY DAMAGE S aruccideni . S )( UMRR6LLA LIAB X OCCUR EACN OCCURRENCE S 4,4fl0,40 A ExaESSLInII ctAIMS•lMDE EPPa10a2a2 10!61!12 10!09113 AOGRCCATE 3 4,fl00,00 DL•0 X RETkNTION S 0 S WORKERS CgrilPENSATfON X WG STATU• OTN• AND $A7Pf,QYER9' LIABILITY YIN B ANY PRONRIETORrpARTNER/EXECUTiVE OFF1CERrrilt;MACR EXCLUDED? ~ N rA U8175TX2$213 41107113 0114111A u,L,EACNACCIDfiNr _. s 1,Ot10,00 1Mandatnry In NN} 11 as doscribs under E.L. DISEASE. EA EMPLOYEE S 1,fl44rfl4 y , DE5CRlY74ONOFOPERATIONSbolow E.L.OISEASE-POLICYLIMIT S 1:400.00 A I nland AllarFna EPP4900242 1x!01112 10109!13 Rental Eq 900,00 LeasedlRantad Eq. pad 60 DESCRIpT10N OP OPERATIONS r LOGAi1pNS l VENICLE5 {Affect! AGORD 901, AddfUanal Ramdrka SctloCui+t, Ii maro 6paca Is rsyulred} Ceztifiaate holder ~.s Hamad as an atdditi.ona.l i.neured regard.~rtg the project for: Wsll 20 Sites Wa11 24 Well 14 Cgntz~n,l Sygteln C}pgradas pex £azm GA 233 02 07 ino7.udad, ClTM~-9 SHOULD ANY Ol• THE RCiOVE bi;SGRIBEO POLICIES BS CANCELLEb BEFQRt: City of Meridian THE EXPIRATION GATE THEREOF, NOTICE WILL EiE DELIVERED IN ACGORDRNCE WITH THE POLECY PROVISION&, 33 East Broadway Ave Meridian, !q 836A2 AUTHORIZED REPRESENTATIVE ~ ~~7! , ~~ 7-~/ C? 1888»x490 ACURD CORPC}RATiQN. Ali rights reserved. ACORD 25 {209x105) Ths ACORD name and logo are regls#ered (narks of AC17RD ~""~"~ ~~"-" ®®'~° °~' r /~ `~'~j ~ ( p~~`'~ AMEEi,»1 01? IR; l.Y ~~„~'' ~ !d-~1~ i ~~~~~ R ~ ®~ ~IIR~~~1 I 1 ~~~{„7~~1~t~„!^~ gATE(MMIDq/YYYVj..._. natnar.r~ THIS CERTIFICATE IS ISSUED AS A iYIATTER OF iNFORMATtON bNLY AND CbNPER5 NO RIGHTS UPbN THE CERTIFICATE HOLDI=R, THi9 CERTIFICAT>~ pOES NOT AFi+iRNfATtY1=t_Y OR NEGATIVELY ANEEND, EXTEND OR ALTi=R 7HE C01lERAGp AFFORDli3 DY THE PpLICfES BELOW. THIS CERTIFiCATI= bF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSUiTER(S}, AU7HORI2ED frPRESENTATIV!~ bR PRODUCER, AND THi= CI~RTIFICATE HOLDER. IMPORTANT: If the Cer#ificate holder is an AI the terms and conditions of the policy, certain certificate holder in iseu of such endarst:mentl PRDAUCER The ttartvYall Gorparativn -Cal PO Box 444 Galdwetl, iD 8364G Raylttond Wnife INSUREp 3621 Arthur Street Ga)dtlve)I, IQ 83tiD5 tl_ iiVSURtL), the policy#les) must b9 endorser!, tf SUHRQGATION iS WAIV>wD, subj&Ct tO may requfTe an endorsement. A statement on this certificate dose not confer rights t4 the as~~ THIS !5 TO G1=RTIFY THAT THE Pt71.IGIES flF INSURANG!~ LiSTi:t1 BELOW HAVE BEEN I$SUEiJ TO THE WSUREA NAMfEfs ABOVE FOR THE POL;CY PERtOB INDICATED, NOTWITHSTANDING ANY REQUIREMENT, Ti:RM OR CONDITION O>= ANY GONTRAGT OR OTHER t70GUMl»NT WITH RESPECT TO UVHIGH THIS CERTIFICATE MAY BE ISSUED OR MAY PI=RTAiN, T#~Ei_ INSURANGE AI'FOROED SY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, i EXCLUSIONS AND GONDITEONS OF SUCH POLICIES. LIM]TS 5HOWN INAY HAVir BEEN RIwDUGI;D BY PRID Cl-RIMS. - -- ------ ------------------ IL7€1 TYPE nr INSURANCE ..- A D ah w_ .`...,_... POLICY NBMBER -`---'--, .M~IUb Y~FF ^ MA4fU ~ Y .._.__,...,...~_»_.~.---. _._- LiMITB GERERALLtADILITY EACti6CCURRENCE 5 1,44O,4OIF A X CpMMERCIAL GENERAL UAUILITY K EPP0100242 1(3161112 10!01113 PReM~I €s {Ee sec ~} s __- 540,00 - -"--'•' CI.AII!hS•MAUE C~ OCCUR HIED EXF~Any ana parson) 14,Q0 _ S _ _ _...._... _ ~.-.., P£RSpNAL 8 ADV INJURY 1,O4a,o4 s __ _._W...----... GENERAL AGGREGATE ___ 2,OO4,i~4 S GEN'L AGGREGATE LIk11T APPLIES PERt PRCDUCTS - CpM?rOP AGG ___ ~,OaQ,{Ja .~ AOLICY X FR0' Loo Emp Ben, _ s 113t)0000 AUT OMODILE L)ADtLITY _ COMplNEO SINGLE LlhilT i t}44 44 {Es accidontl _ ~_ X ANY AUTO EgA4100242 16/41112 10/01113 _ BGOILY INJURY (Parpurson} - , _____ S - ALLOWNEp AUTOS SCHEDULED Auros QOOILYINJURY Paraccident I 1 S ----- - - _ HIR£nAU70S NON-0V~NED RUTOS PRpFERTYDAMAGE {Paracctdent} _T~_~ ~ - -'-- - ___. S X D6i9RELLA L}A8 X OCCiJR t=ACH pCCURRENCE _ 4,©00,44 S q T EXCESSLIAE cLAIMS•t~aADE ^ E<Pp01002a2 10!01112 10/01113 AGGREGATE ---~__ - _ __ 4,000,00 5 DED X RETENTIONS O ___ _ S - WQRI{ERS Cnh1PENSATION ' ~^ ~ WG STATU- OTH• AND EM1SFLOYi;RS LIABILITY Y!N - _ - - --- - fS ANY PROPRIETOAlPARTNERIEXECUTIVE UF117C7X26213 41101113 41101/1 i:,L,I:ACWACC€osNT 1,t300,44 s OFRCERIMEMBEREXCWOEn? ~ N7A ^ _ __ __ _ {MandatoryinNH) E.L.DIS£AS£-EAEMPLOY£E _ - S 1,04G,44 "-~ - If yyes, desci~bo under OESGRIPTiON Oi= OPEFZ4TIC)NS betocv F..L.l71SEAS£ - PpLICY Lltit)T - 3 1,Q44,04 A Inland Marine EPP0100242 10101112 10/01/13 Rental Eq 100,40 Leased/Rented Eq. t)ed 50 DBSGRIPT[ON OF nFERATinNS rLOCATIONS! VEHICLES (Attacif ACORD 101, Additlonat Ronlerks Sai~oduta, iinlcra apace Ia raquhud} Celcti£icata holder a.e named ma an addJ.ti.onal. znauxed raga ding t:hn pro~gct: for: {4e11 20 Sites Wall 2A Well 14 +~ant:xol System Upgrades par ~Eaxm qA 233 02 47 included. CITME-i SIiOtlLd ANY OF THE ABOVE OESGRI8E0 POLICIES BE CANCELLED BEFORE CI of Meridian THE EXPIRATION CIATE THEREt]P, NOTfCE WILL t3E UELIVEREI7 IN tY ACCORRANCE WETH THE POLICY PRaVl5iON5, 33 East Broadway Ave Meridian, tD 83&42 AUTHORIZED REFRESENTAT{VI: ~~;~ ~~ ©1988-2014 ACORt] C4RPORATiON. Rif rights reserved. ACORD 25 (2410/Q5} The ACORD nalne and Ingo are registered marks of ACORb THtS ENDORSE~fiENT CHANGES THE POLIGY. PLEASE READ IT CAREFULf~Y. ~t)~`~~~4~~°tal~~' ~t~MM~~~IA~ ~~~l~~~L LIr4~lL1T`~ ~f~+C~A,~~~t1E~ EfVI~~~S~ME~T' Ti~ls endorsement modifies insurance prnvlded under the fa!lawing: COMMt=RGIAL Gi=Ni~~iAL LIABILf'CYCOVEf2AGE PART R, Endorsement-Tabfegt`Gantents: Coverage: Bes~ins an F',a~e•. 1. Employee Benefit Liability Coverage ... ................................................................................... . .. 2 2. Unlntentianai Failure to Disclose Hazards,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,, ,,,,,,,,,,,,,,,,,,,,,,,,,.,,..,......,,,,.........,,... 7 3, Damage to Premises Rented to You ....................................................................... . ti 4, Supplementary Payments .................................................................................................................. 9 5. Medlca! Payments . ........... ................. .„. ...,... .... ...,...,,.....,..........................,.,,,.,,,,....... 9 G, Voluntary Property Damage {Coverage a.}and Care, Custody or Cantro! LlabiiityCaverage Coverage b.} ............ .......... ,.,.,.......................................,........,...,,.,..........,9 7. ~ BO Ray Coverage for Newly Farmed arAcquired Organlzalinns „„,,,,,,,,,„,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1p 8. Waiver of Subrogation ....... ............................................................................................................10 9, AutomatlcAdditional insured -Specified Relationships : ................ ...............................................1p • Managers ar Lessors of Premises; • Lesser of Leased Equipment; • Venders; • State ar Politico! Subdlvlsfons -Permits Relating to Premises; State nr Palitlaal Subdivisions -Permits; and • Contractors' Operations 1ti. Broadened Cantraolual Llabillry « Wark Within 50' of f2ailraad Property ......................................... 14 91. Property Damage to Borrowed Equipment.. ... . ................................................................. 'i4 12. Employees as insureds -Specified Weai#h Care Services :....................»....,.................................. 14 • Nurses; • Emergency Medical Technicians; and • Paramedics 93, Broadened Notice of Occurrence ...................................................................................................... 14 8, f.trrylts ot'tnsuranae: The Commercial General Liability Limits of insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $ 1,004,000 Aggregate !-}mil: $ 3,OOO,flfl4 Deductible; $ 1,00{} 3, pamage to Premises Rented to Yau The lesser af: a. The Each Occurrence Limit shown in the Declarations; ar b. ~5fl0,404 unless otherwise stated $ A. Supplementary Payments a, Bafi bands: $ 'l,fl4fl b. lass of earn}ngs: $ 35i7 5. Medical Payments Medlcpl Expense Limit: $ 10,OOQ includes copyrlyhted material of Insurance GA ~i3 fl2 f}7 Services Office, inc., wish its permission. Page 1 of 15 f. Voltrntary Property Uarrrage (Coverage a,} and Care, Custody or Control Ltabtlt#y Coverage (Coverage b.} t_Imlfs of Insurance {Eaoh gccurrencej Coverage a, $1,t)Oq Coverage b, $5,000 unless otherwise stated $ Deduct#b#es Each Ocaurrance} Coverage a. $25Q CAVarage b. $2517 unless otherwise stated $ ~r, CDVERAGE PREN#{t11V1 BASlS RAVE At7VANCE FaREM1UM {aj Area bj Payral# (Far Li-nits in Excess of (Far Limits Irk Excess of c Cross Safes $5,000} $5,000} d Un#ts e Other b. Care, Custody or Control $ TQT AL ANNUAL PREMtUNi 11. Property damage to Harrowed k=qulpment ~ac~Occurranca Llmif: $ 11),000 Deduct#bte: $ 250 C. Coverages: have Used up the ap- t. Ernployse Benefit Llabplty Gavarage pllcabis limit of #nsur- ance #n the payment of a. The fa##aw#ng is added to SECTION E Judgments ar Bettie- - C©i/ERAGES: Empbyes Benefit men#s. Liability Goverage, Na other ot~llgat#on or #Eab#i- (1j InsuringAgreemen# ity to pay sums or perform aG15 UT' `wt7lVlGf.''S IS GUYGrCd raj We will pay those sums that un#ess expl#citiy provided for the Insured becomes legally under Bupplamentary Pay- abligated to pay as dam- ments, ages caused by any act, er rar or om#sslan of the in- (b} This #nsurance applies to sured, or of any ocher per- damages only if the act, er- san for whose ~at:ts the in- ror ar omission, is negi#- sured #s #egal~y #kable, to gently aammitted #n the "adm nistrati n" f whtch this Insurance ap- o o your " piles, WQ will Nava the right employee benefit pra- and duty to defend the In- gram"; end sured against any "suit" seek#ng those damages 1} cJccurs during the pal- . h#awever, we wi#I have na #cy period; or duty to defend against any " " 2j ©ccurred prior to the sui# seekkng damages to effective date of this which this #nsurance does endorsement provided: not app#y. We may, at our discretFOn, invastigata any a} ~ Qu d ia not have report of an ap#, error or e vl ga of a amisstan and settle any claim ar "soli" on claim ar "salt" chat may re- or before the e~ cult. But: fictive date of this endorsement. 1j The amount we viii iaay for damagoa is IlrnEted l as described in SEG deernad t a have TION 111 -LIMITS pF knowledge of a INSURANCE; and claim or "suit" 2} Our right and duty to when any "authorized rE;pre- defend ends when wa seniative'; Includes capyt#ghted material of Insurance GA 233 02 07 Services Office, inc., with its permission. Pegs 2 of 15 t} Reports all, or fannance of investment any pert, of the vehicles; or act, error ar omission to us g Advice r y } g'ven to an or any other person wtih respect to Insurer; that person's dectsian tv participate or not tc~ tl} Receives a partrclpate in any plan written ar ver- included In the "em- bal demand ar pl ayee benefit pra- claim far dam- gramt~, a es because of the act, er- {#} Workers' Cornpensatlon rar ar amts- and Slmllar !news slap; and Any claim arising out of la} There Is no other Your fiallure to comply with applicable fnsur the mandatory provisions of ance, any workers' compensation, {2} Exclusions unemployment compensa- tion insurance, social secu- Thf s insurance does not apply riry ar disability benefits taw ta: orany slmllariaw. {a} Badlly Injury, Property {g} EFtISA Damage ar Eersonal and Damages far which any ln- Adusrtlsing Injury eared is liable because of "Bodily injury", „property " " liability Imposed or? a ftduct- ary by the Empfayee Re- damage ar personal and advertlsing Injury" tlrement Income Security , Act of 7 97A, as now or {b} Dishonest, Fraudulent, hereafter amended, ar by Crttrtinal ar Maflclaus Act any similar federal, state or loco l laws. Damages arising out of any intentional, dishonest, h { } Auallable Benefits fraudufant, cr•Iminal or mall- Any claim for benefits to the Divas act, error or omission, extent that such benefits camrrritted by any Insured, lneltading the willful ar rack are available, with reason- Tess violation of any statute. able effort and coaperailon of the insured, from the ap- {G} Failure to Perform aCon- pllcable funds accrued or ' treat other caltect sble insurance. Qamages arising out of fail- {r} 'Faxes, Fines ar Penalties are of performance of con- tract by any insurer Taxes, fines or penalties, . Including lhnse imposed {d} Insufficiency of f=unds under the Internal Revenue Code or any similar state or €~amages arising out of an local few. lnsufticlency of funds to mee# any obligations under ~} Em [o men#-Related c ~ any plan Included in the Pra tl s "employee benefit pro- gram". Any tlabllity arising out of any: {e} Inadequacy of Perform- {1} Refusaltaempioy; ance of lnvnstment ! Ad- vice Given Wrth Respect {2} Termination of em- ta ParttGlpatlan playment; Any alglm bgsod upon: {3} Caoroion, domotinn, 1} Failure of any Invest- evaiuatian: reasslgn- ment, discipline, defa- ment to perform; rnatlon, harassment, ~} Errors in providing in- humiliation, disorlmina- formatian an past per- tlan or other employ- ' Includes c~pyrightad material of Insurance GA 7.~3 07 t3T Services Office, Inc., with its permission. Page 3 of 15 ment-related practices, acts or omissions; or (4} Consequential liability as a result of {•!}, (2) or (3}above, This exclusion applies wire#her the Insured maybe held liable as an em coyer or in any other capacl~y and to any pbligatian to share damages with ar repay someano else who must pay damages because of the injury. {3} Supplerrrentary Payments S1=CTlQN I - COV~~A~ES, StlppLtAMENTARY PAY MEWNTS - COVERAGES A ANA B also apply to this Coverage, b, Who is an tnsured As respects Em loyee Benefit Llabll/ Ity Coverage, Si~CTION 11- WNd IS AN 1NS#1Ftf~p is deteted In Its en- tiretyand replaced by the following: (9} If you are designated in the Reciarations as: (a) An Indlvldual, you and your spouse are insureds, but aniy with respect to the Conduct of a business of WhiCtt you are the sole owner. {b} A partnership or joint ven- ture, you are an Ensured. Yaur members, your part- ners, and their spouses are also Insureds but only with respect to the conduct of your business. (c} A limited liability company, you are an Insured. Your members are also insureds, but aniy with respect to the conduct of your business. Your managers era In- sureds, but only with re- spect to their dui#es as your managers. (d} An organization other than a partnership, o#nt venture or limited #iabii ty company, you are an Insured, Yaur 'axaaut#ve officers" and d#~ rectors are Insuracts, but only with respect to their duties as your officers or dl~ rectors, Your stockholders are aisa Insureds, but only with respect to their liability as stackltalders, {e} A trust, you are an insured, Your trustees era also in- sureds, but only with re- spect to theft duilss as trustees. (2} Each of the following Is aisa an insurcad: {a) E=aah of your "empEoyees" who is or Was authorized to adm#nlstar your "employee benefit program". (b} Any parsons, organizations ar "empiayees" having proper temporary aulharl- zattan to administer your „employee benefit pro, tarn" if you die, but only unt~yaur Legal representative is ap- pointed. (c} Yaur legal representative #f you die, but only with re- S eCt #fl dut[es as such, ~haf representative will have all your rights and du- ties under this Coverage Part. (3} Any organization you new{y ac- quire or farm, other than a part nership, jaini venture or iimtted llabillty Gampany, and over which you maintain ownership ar rrtajorify interest, will qualify as a NamEd Insured if no other similar Insurance applies to that organization, However, cover age under this provision: (a} is afforded aniy until the 1130th day after you acquire ar farm the organizat#on ar the end of the policy period, whichever is earlier; and (b} pass not apply to any act, error ar omisslan that was committed before you ac- quired or formed the ar ganixatian, a. Ltmlts of insurance As respects Employee Benefit LiabiF- ity Coverage, SECTIt}N ill -LIMITS OF 1NSt1F7ANC>= is deleted in its en~ tirety and replaced by the following: (1 } The Limits of insurance spawn In Sectipn B, l,ttrt(ts of insur- ance, 7, Emplc~yse Benefit LiW ability Coverage et~d tltc rules below fix the mast we will pay regardless of the number of: (a) Insureds; Includes copyrighted material of insurance GA 233 02 07 Services Office, Inc., with Its permission. Page 4 of 15 {b} Claims made ar "suits" {b} The deductible amaunt brought; staled in the I]eclaratians {c} I~ersans ar organizafians applies to alt damages sustained by any one "em- making claims or bringing "salts"~ ~toyee", including such ' " ' employee s dependents (d} Acts, errors or amissfans; or and beneficiaries, because of all ants, errors or amis- (e} Senatlts Included In your clans fa which this insur- "ernployae benefit pro- ante applies. gram"' (c} Ttre terms of this Insurance, {2} The Aggregate Limit shown in Including those with respect Section ~. L[mits of Insurance, to; 9. Emplpyes Eeneftt Liability Coverage of this endorsement 1 Our rl ht and dut } g y to Is Cite most we will pay for alt defend the Ensured " " damages because of acts, er against any salts tors or amissians negligently seeking those dam committed in the "administra- ages; and lion" of Maur "employee benefit 2} Your duties, and the program , duties of any ocher in- (3} Sui~Ject to the Ilmit described in valved insured, In the {2} above, the Each Employee event of an act, error or Lfml# Shawn in Secflan B. t_trrrtts omisskan, or eiaim, of insurance, 1. Employee applyy irrespective of the Benefit L.iablllty Coverage of this endorsement Is the mast we appllaaitan of the deductible wi11 pay far ail damages sus- arnauni. #alned by any one "empiayee", Includin s d ma t in d b {d} We mayy pay any part or a!I g a ge sus e a y of the rleduellble amaunt to such "employee's" dependents effect settlement of any and beneflclaries, as a result of, claim or "salt" and, upon {a} An act, error ar amission; or natlflcatlan o€ the action taken, you shall promptly (b} A series of refa#ed acts, er reimburse us fior such part tors or omissions, regard- of the deductible amount as Iess of the amount of time we have paid. that lapses between such d. Additional t;ondl#iotes acts, errors or omissions, negliggently committed In the As respects EmplayeQ Benefit Lt- "admlt1lstratian" of your "em- COMM RZrtAI G~NERAt1°LtABIL- playee benefit program". . ITY GONpITlONS is amended as However, the amount paid un- follows; der this endorsement shall not excreed, and will be subJect to {7} Item z. i~utles ire fire Event of the Ilmifs and resirlctiorts heat Occurrence, Offense, Cialree or Sult Is deleted in Its entirety and apply to the payment of benofits replaced bythe fallowing: in any plan Included in the em- ployee benefit program", 2. Duties iq tho Event of an Act, Error or {4) paductfbte Arnovnt C?misslan, or Clalrn or Suit a Qur obit ation to a dam- { } h o h a. You must see to it that we are nat!- iced as soon as practicable of an act, ages a behalf f t e In- sated a Iles ant to the pp Y error or amission whlate may result in l amaun# of damages In ex- a c aim. Ta the extcent passible, no- flee should Inciuds; Iess of the deduc#rble amount stated in the Decia- {1} What the act, error ar omission rattans as applicable to was and when tt occurred; and Each Empiayee, ~'he limits of insurance shall not be {2} The names and addresses of reduced by the amount of anyone who may suffer dam- ihts deductible, ages as a result of the at;l, error ar amission. Includes copyrighted material afi Insurance GA ~i3 0~ g7 Services Office, inc., with Its permlasion. Page i; of 15 b. If a claim is made or "salt" is brought against any Insured, you mus#: {'t) Immediately record the specifics of the claim or "suit" and the date received; and {~) iVotify us as span as practicabte, You must see to If that we receive written notice of the claim or "suit" as sawn as practicable, c. Yau and any other involved insured must: {1) Imrnediately send us copies pf any demands, notices, sum- monses or legal papers re- ceived In canneeifan with the claim or "suit"; (2) Autharf~e us to obtain records and other information; {3) Cooperate with us In the Investi- gation yr settlement of the claim or defense against the "suit"; and {4) Assist us, upon our requas#, In the enforcement of any right against any person ar arganiza- #ian which may be liable to the insured because pf an act, error ar omfsslon to which this Insur- ance may also apply, d. No insured wilt, except ai that In- sured's own cast, voluntarily make a payment, assume any obllgaitan, or Incur any expense without our con- sent, {2) Item 5. ©ther insurance is de- leted In Its entirety and replaced by the fallowing: 5. Ott~sr insurance If other valid and collectible insurance Is avaliabie to the Insured far a loss we cover under this Coverage Part, our abligatii~ns are Ifmlted as follows: a, t~rimary Insttrancs This Insuranas Is pri- mary except when c. below applies, if this Insurance Is primary, our obligations are not affected un{ess any at tho other lnsurranco i3 also prlrriary. Then, we wiEl share with ail that other Insurance by the method described in b. below. b. Method of Sharing If al! of the atfter Insur- ance permlis canU'ibu- tion by squat shares, we will fallow this method also. Under this approach each in- surer contributes equal amounts until )t fnas paid its appiicabte Ilmlt of insurance or Wane of the less remains, whichever comes first. If any of the other in- surance does not per- mit contribu#ian by squat shares, we will contribute by limits. Under this method, each insurer`s share is based on the ratio of i#s applicable iimli of in- surance to the total ap~ pilcable Amlts of insur ante of aft insurers, c. tVa Coverage This Insurance shat! not saver any loss for which the insured is snit#ied to recovery un- der any ether insur- ance in farce previous to the affective data of this Coverage Part e. Addlflonal t3efinitlons As respects Emptoyee Benet3t Li- abltlty Coverage, SECTf©N V W DEt=iNIT14NS is amended as fai- laws; {1) The fallowing deflnltians are added: 'i, "Adm[nisiratlc~n"means; a, i'roviding Information #n "employees", Including their dependents and beneftciarles, with re- spect to eligibility for or scope of "employee benefit programs"; b. Interpreting the "em- ployee benefit pro- grams'; c. Handlingg records In cannsatian with the "employee benefit pro- grams"; ar d. Effecting, Gonflnuing ar terminating any "em- ployee's" partleipatlan Includes copyrighted material of Insurance Gft 233 OZ 07 Services office, Inc„ with fis permission. Page ti of 15 GA 233 02 t37 in any benefit included benefits, workers' com- in the "empiayee bane- pensatinn and disablltty fit program", benefits; and However, "adrrrinisfratian" d. Vacation plans, includ- does not Include: Ing buy and sett pro- s. Ftand!!ng payraii de- grams; leave of ab- i ductions; or sense programs, n- cluding military, rrrater- b. The falluro to effect ar Wily, family, and clVil maintain any Insurance leave; tuifian assis- or adequate lim)ts of lance plans; transpor- coverage of insurance, to#ian and heailh club including but naf limited subsidies. to unemployment In- {2) The foiiawing detinitians are surance, sestet security ' deleted in their entirety and re- bensflts, workers com- placed by the fallowing: pensatlon and disability benefits. 24. "Suit" means a civil pra- t. "Cafeteria plans" means seeding in which money damages because of an plan authorized by applica- " act, error ar omission fa bfe law to allow employ- ees" to elect to pay far car- which this insurance applies tale benefits with pre-#ax are alleged. Sulf includes: dollars. a. An arbitration pro- 8, "Employee benefit pro- " seeding in which such damages are cla#med grams means a program and to whlGh the in- providing same ar al# of the d s ft fofiawing benefits to "em- ployees", whether provided do s submit wittt aur through a cafeteria plan or consent; otherwise: b, Any oilier alternative a. Group life Insurance; dispute resoiutlon pro•• group accident or eeeding in which such damages era claimed 1}ealfh insurance; den- and #a which the !n- tai, vision and hearing eared submits with our pians; and flexible consent; or spending accounts; provided that no one c. An appeal of a civil ether than an "em- proceeding. ployee" may subscribe to such benefits and g, ~'Em to ee" p p y means a er such benefits are made son actively earpioysd, for- generally available to mercy employed, an leave those "employees" who of absence ar disabled, or satisfy the plan's etigt• retired. "EmpfQyae" In- bliityrequiremenis; dudes a "#aased worker". "Employee" daes oat in- b. Profit sharing plans, dude a "temporary worker". empiayee savings plans, empiayee stock 2. Untntettt#onal Fatlurr' to t]tsctosa Haz- ownership plans, pen- girds sion plans and stook subscription plans, S~CTtON IV ~ C©MMERCiAL GENI^FtAL provlded chat na one L1ABlLfTY CC?Nt3tT(ONS, 7. Repressn- other than an "errs lotions )s hereby amended by the addl- p#oyee" may subscribe tian of the faliaw)ng; to such benefits and Based on our dependence upon your such benefits are made represeniatfans as to existing hazards, if generally available fo ° w~iritentionaf#y ou aflGUid fait tv disclose ail employse5" who all such hazards at the inception date of are eligible under the your policy, we will not rejecf coverage plan far such benefits; under this Coverage Fart based safely an o. lJnemplayment irtsur- such failure. ants, social security includes copyrighted material of Insurance Services C}ff)ce, tnc., with its permission. Page 7 of 95 3, Damaf{e to Pramtses Rented to Yau e) Seating, cracking, a. The last Subparagraph of Aaragraph shrinking ar ox~ pension; or 2. SECTION I - CbVEi'ZAGi~S, GC?VEt~AGE A. -BODILY INdIIRY fl Nesting or Infssla- ANR PROPERTY DAMAGE, 2. I_I- tlon, or discharge ABILITY Exclustans is hereby de- ar° release of feted and replaced by the foilow~ttg: waste products or Irxclusions a. through q. do not appiy secretions, by In- sects birds ra- to damage ay fire, exptasran, tlght~ ning, smoke or soot to premises , . dents or ocher while rented to you or temporarily animals. occupied by you with permission of (b} toss caused directly ar indh the owner, redly by any of the faiiow- b. The Insurance pprovided under S£C~ rng' TI{~N I - COVEt'2AGES, COVERAGE 9} £ar#hquake, volcanic A. BODILY INJURY ANl7 PROP eruption, landslide or £RTY DAMAGE LIABILITY applies any other earkh ntove- to "property damage" arising out of ment; water damage to premises that are bath rented to and accupled by you, 2} Water that backs Gp ar overflows from a ('i) As respects Water Damage te- sewer, drain orsurnp; gal Liability, as provided In Paragraph 3.b, above: 3} Water under the Ths exciusfons under 3£CTt011 ground surface press- !ng an, or flawing or - COVERAGI=S, CdiIEF~AG£ seeping through: A. BODILY INJURY ANfS PROPEt~TY DAMAGE LtAI3#L- a} 1=aundatians, ITY, 2. Exctuslans, ocher than I, wails, floors ar War and the Nuclear Energy paved surfaces; Llablltty Excluslecn, are deleted b Basements } and the fallowing are added; , whether paved ar Thts Insurance does not apply not; or to' c} E7aors, windows ar {tt) "Property damage": other openings. 1) Assumed in any con- (c} Lass caused by ar resulting tract; or from water that leaks or flaws from plumbing, heat- 2) Loss caused by ar re~- ing, air conditioning, ar tare salting from any of the pprotection s stems caused following; by or resulting from freez- e) Wear and tear; ing, unless: b) Rust, earrasian, 1) You did your best to maintain heat in the fungus, decay, deterioration, hid- building ors#rupture; or den or Eatent do- 2} Yau drained the feet or any quality ~ equipment and strut off in property that the water supply of the causes it to darn- heat was not matn- age or destroy it- rained, self; (d) Loss #o ar damage to: c) Smog; '€) Plumbing, heating, air d} Mechanical conditioning, fire pra- breakdown in- teclian systems, or ctuding rupture or other equipment or ap- bursting caused pliances; or by centrifugal farce; ~) The interior of any building ar structure, or to personal prope~r to the building ar structure lneludes copyrighted material of insurance GA 233 02 07 Services Offce, inc., with its permission. I~agct 8 of 95 caused by or resulting from rain, snow, sleet or Ice, whether driven by wind or not, c. Llrnit of Insurance The Damage to Premises Rented to You Limit as shown in the Daclara- tions Is amended as follows: (2} Paragraph G. of SECTION lit - L#MITS OF INSURANCE Is herebyy deleted and replaced by the follawtng: 6. SubJect to 5, above, the Damage fa Premises Rented to Yau Ltmit Is the most we will pay under C4VEt.AGE A, BOpiLY INJtJRY A13D PRaPl=R7Y DAMAGE LIABILITY, for damages because of "property damage" to premises white rented to you or temporarily occupied y you with permission of the owner, arising out of any one "occurrence" to which this Insurance ap- plles, {3) The amount we will pay fs Ilm- Ited as described in Section i3, Limits of Insurance, 3, Dam- age to Premises Rented to You of this endorsement. 4, Supplementary Payments Under SEC7IOtrt t -COVERAGE, SUI'- PLEMENTARY PAYMENTS - CC?111~R AGES A AND B: a. Paragraph 2. is replaced by the fal- lowtng: Up to the Ilmit spawn In Sectlan I3, Ltmlts of Insurance, d,a. Bail Bands of #hls endorsement for cast of ball bands required because of accidents or trafftc law vlolatlons arising out ai the use of any vehicle to which the Bodily InJury Liability Coverage ap~ ppties. We do not have to furnish #hese bonds. b. Paragraph Q. Is replaced by the fol- lowing. All reasonable expenses incurred by the Insured at our request to assist trs In the investigation or defense of the alalm ar "salt", lncitsctinq actual loss of earnings up to the limit shown In Section I3. Limits of fnsurance, 4,b. Loss of iarnings of this en- dorsement per day baaause of time off from work. S, Medical Payments The Medical 1~xpense Limit of Any One Person as stated in the Cleclarations is amended to the Ilmlt Shawn In Section B, Ltmlts of lnsuratsce, 5, Medical Pay- ments afthls endorsemen#. 6, Voluntary Property Damage and Care, Custody or Control Liability Coverage a. Voluntary Property Damage Cnv- crage We wtll pay far "property damage" to proper#y of others arising out of ap- eratinns incidental to the Insured's business when: {1) Damage is caused by the in- sured; or (2) 13~amage occurs whilQ #n the In- sured's possession, With your consent, we will make #hese payments regardless of fault. b, Care, Custody ar Control Liattlltty Coverage SECT#013 1 - Ct}VEt?ADES, C4V- ERAGE A. BODILY 1N,it1RY ANf? PROPERTY DAMAGE E.iAF31LlTY, 2, Exclusions, J, damage to Property, Subparagraphs {3}, (4} and (S) do no# apply to "property damage" to the property of others described therein. With respect to the Insurance provided by this sec#fon of the endorsement, the foF- lawing additional pravistans apply: a. The Limits of Insurance shown [n the Declaratlans are replaoed by the Ilr7t- Its designated to Section B, Limits of Insurance, 6, Voluntary Property Damage and Care, CUStcdy or Control Liaf~lltty Coverage of this endorsemen# with respect to cover- age provided by this endorsement. These limits are inclusive of and not In addifion to the limits being ra- ptacsd, The Limits of Insurance spawn in Section B. Ltmlts of insiur- ance, 6, Vatuntary Property Dam- age and Care, Custody ar Control Ltablllty Coverage of this endorse- ment fix the most we will pay In any one "occurrence" regardless of the number af. {1) insureds; {2j Gfaims made ar "salts" brought; or {3) Perspns ar Arganizatians mak- ing claims or bringing "suits", Includes copyrighted material of fnsurance GA 233 02 t)7 Services Office, Inc„ wi#h Its permission. Page 9 of 15 1) QadUCEtble CtaUSB (1} Our obligation to pay damages on your behalf applies only to the amount of damages for each "occurrence" which are in ex- cess of the deductible amount stated in Section S. i.lmits of insurance, ti, lioluntary Prop- s t7amage and Care, Gus- #a y or control t.lablllty Cow srage of this endorsement, The limits of insurance will not be re~ duced by the application of such deductllala amount. (2} Condition 2, tautles !n the Event of Occurrence, pffanse, Claim or Suit, applies to each claim ar "salt" irrespective of the amount. (3) V+Ie may pay any part or elf of the deductible amount to effect Settlement of any Glalm or "suit„ and, upon notificatlan of the aG lion taken, you shall promptly reimburse us far such part of the deductible amount as teas been paid by us. 7, 1t3o Dey toaverage €ar Ne4vly Formed or Acquired Organtzatlans sl=crtoN tt - w~lo is AN t~tsul~EQ is amended as fal[ows: Subparagraph a, of Paragraph 4, is hereby deleted and replaced by the rol- lawing: a. Insurance under this provision is aF- forded only until the 180th day after you acquire or form the organization ar the end of the policy period, whichever is earlier; 8. Waiuer of Subrogation SECTION IV -COMMERCIAL. G>=NERAL i,IABIt.1TY CaNi~t7ioN5, 9, Transfer of Flights of Recovery Against Others to Us is hereby amended by the addition of the fotlowing: We waive any right of recovery we may have because of payments we make for injury or damage arising nut of your on- going operations or "your work" done un- der a wrlt#en contract requiring such waiver with that person or organization and Included to the "products-completed operations hazard". €~owever, our rights may only be waived prior to the "occur rence" giving rise to the Injury or damage for which wr's E~lalce payment ulltitffi' this Coverage Fart, The Insured must da noshing alter a lass to impair our rights. At air request, the Insured will bring "suit" or transfer those rights to us and help us enicrce those rights. 9. Automatic Addittvnal Insured - Spec!» fled Relattort&hlps a, The following Es hereby added to SECTIAN (t M WHQ !SAN INSUtt1=D; {1) Any person or organization de- scribed in Paragraph 9,a,{2) below (hereinafter referred to as additional lnsttred) whom you are required to add as an addi- tional Insured under ibis Cr~ver- age Part by reason af: (a) A written contract or agreement; or (b) An oral agreement or con- tract where a certificate of insurance showing that per- son ar organizatlan as an additional tnsured has been issued, is an Insured, provided: {a) The written ar Drat contract or agreement is; 1) Curran#ly in effect or becomes effective during the po!!cy pe- riod; and 2) Executed prior to an "occurrence" ar offense to which #hls insurance would apply; and {b} They are r~c~t specifically named as an addltionaf In- sured under any other pro vision of, or endorsement added to, this Coverage Par#, (2) Only the following persons ar organizations are additional in- sureds under this endorsement, and insurance coverage pro- vided to Such additional In- sureds is Ilmiled as provided herein: {a} The manager or lessor of a premises leased to you with whom you have agreed per Paragraph S.a,(1) above to provide insurance, but only with respect to Liability aris- ing out of tits ownership, maintenance or use a( that part of a premises leased to you, subject to the following addittanal exclusions: This Insurance does not apply to: 1) Any "occurrence" which takes place after includes eopyrigh#ed material of Insurance GA 23$ fl2 t)7 Services Qflice, Inc„ with its permission, Paga 10 of €5 you cease is beaten- c} Any physical ar ant in that premises, chemical change 2) Structural alterations, to the product made inlentlanally new constructtan or demolition aperaiions by the vendor, performed by or an be- d) Repackaging, un- half of such additional less unpacked Insured. solely for the pur- (b} Any person ar organtzatlan demonstratbn lon~ from which you lease , tesiln~, or the equipment with whom you subst~tutfan of have agreed per Paragrapph 9 a 1 b v # id parts under in- , ,( )a o e o prov e in- surance. Such person(s) or structlons from the manufac#urer, and organization{s) are insureds solely with respect to theft #hen repackaged flablllty arising out of the in the original container; maintenance, operation or use by you of equipment e} Any failure to leased to you by such per- make such in- san(s) ar argan~zations{s}• speciions, adjusi- l-lawaver, this insurance menu, tests ar does not apply to any `be- servicing as the ourranca" which takes pace vendor has after the equipment lease agreed to make or sxplras, normally under- (c} Any person ar organization takes to make to the usual course (referred to below as ven- of business in der} with whom you have , connection with agreed per Paragraph g.a.{4}above io provide in- the distribution or surance, bin only with re- " " sate of the prod- acts' spect to badlly Injury ar °pruperly dan3age" aE'~Si~lg ~ C)Gi110E1stiatlUrl, tn- out of "yyour products" which atalfation, servlc are distributed ar said in the ing or repair op- regtalar course of the ven- eratians, except dot's business, subject io such operations the fallowing addltionai ex- performed at the elusions; vendor's premises 1} The Insurance afforded in connection wtth the safe of the the vendor does not product; apply to: a} "Bodily injury" or " g} Products which, after distribution or property damage" sale by you, have far which tyre ven- dot is obligated to been labeled or relabeled or used pay damages by reason of the as- as a container, sumption of Iiab1F part or tngredient of any other thing ity in a contract ar or substance by or agreement. This excluslan does not farlhevendor. apply to Ilabllity for 2} This insurance does damages that the not apply to any in- vendor would surad person or or have In the ab- c~anfzatlon: lance of the con- tract or agree- a) wh i rnent; ac~~ have ~ed such products, or b} Any express war any fngradient, ranty unautharized part or container, bYYou; entering Into, ac- Includes capyrlghted rrtaterlal of lnsurancs GA 233 t72 07 Servlce5 Office, Inc„ with its permission, Page 11 of 15 companying ar 2} Thls insurance does containing such Hat apply to "balllyy in- products; or Jury,', "property lam- b) When liability in- age" or "personal and advertising injury aris- eluded within the "products- ing out of operations completed opera- performed far the state ar pal{tica{ subdlvlslon. lions hazard has been excluded under this Cover- {f) Any person or organization with which you have agreed age mart with re- per Paragraph 9,a,('t} spent to such above to provide insurance, products, but only with respect to I#- (d} Any state or poii#ical subdi- ablll#y arising out of "your work" performed far that vision with which you have additional Insured by you or agreed per Paragraph t3,a,{1} above to provide In- on your behalf, A parson ar ' surance, subject to the fal- organization s status as an insured under this provision lowing additional provision: of this endarsemen# contln- This insurance applies only ues for only the period of with respect to the following time requ#red by the written hazards for which the slate contract or agreement, but or political subdivision has in no event beyond the ex- Issued s permit In cannec- ptratian date of this Cover- tianwith premises you awn, age Part, if there Is na rent ar control and fa which written contract or agree- thfs Insurance applies: ment, or if no period of time Is required by the written 9} The existence, mainte- contract or agreemen#, a Hance, repair, can- person ar organization's structlon, erection, or status as an insured under removal of advertising th#s endorsement ends signs, awntngs, cano- when your operattons for ptes, cedar entrances, that insured are completed. coal holes, driveways, manholes, marquees, {3} Any insurance provided to an hoist away openings, additional insured designated sidewalk vaults, street under Para ra h 9.a. 2 g p (~~ banners, ar decors- lions and s#ttar expo- (a} Subparagraphs (e} and (f} " does not apply to bodily sores; or Injury" or "property damage" 2} The constructlan, erec included within the "prod- tlon, or removal of ale- oats-completed operations vaiors; or hazard"; 3} 't"he ownership, math- {b} Subparagraphs {a}, (b}, {d}, tenance, or use of any {e} and (t) does not apply to " elevators covered by bodily Injury", "property " " this Insurance, damage or personal and advertising Injury" artslrsg {e} Any state or political subd#- out of the sale negligence vision wi#h which you have or willful misconduct of the agreed par Paragraph (1} above to g a rod a rn- addlt#onai insured or their a ents "em lo ees" o a . p . g , y p r ny surance, subject fa the faI- other representative of the Jawing provisions: additional insured; ar CAA 233 p2 fll 't} Thls insurance applies (e} Subparagraph (~ does Hat only with respect to op- apply to "badly injury", eratEnns performed by ,property damage" or "per- you ar an your behalf canal and advertising Injury" far which the state or arising out af; palitlcal subdivision has ~ Defects In deli nfur- issued apermit, } nlshad by ar ongbehalf includes copyrighted material of Insurance Services Office, Inc., with Its permission. Page 92 of 15 of the addf#lonal in- speak any a#her insurance sured; or policy issued to the addi- 2} The rendering af, or tional Insured, and such other insurance policy shall failure to render, any professbnal archltec- be excess and f or noncon- total, engineering or iributing, wttichaver applies, with this insurance surveying services, in- , cluding: {b} Any insurance provided by a The p g ~ gr o ar€a - this endorserr~nf sttaif be primary 10 other Insurance approvin r fl ittg to prepare ar available to the additional insured except: approve maps, strap drawings, 1} As otherwise provided opinions, reports, in SECTION IV surveys, f(eld or- CdMtNERt;IAL GEN- ders, change or- 1=RAl_ L.IABILt't'Y dens or drawings CONQiT1pNS, 5. Qther and speaiflcations; insurance, b Excess and Insurance; or b} Supervisory, in- 2} Far any other valid and spection, arch#- collectible Insurance teetotal or engl- avaliable to the addi- neering activities, tional Insured as an ~} „Your work° for whlah a additional Insured by attachment of an an- consolidated {wrap~up} insurance program has dorsement to ono#her beers provided by the insurance policy that Is prlmecontractar praJec# written on an excess basis. !n such case manager or owner of the canstruc#ion project , the coverage provided ~ in which you are In- under this andorse- rnent steal! also be ex- vaived. cess b Qniy wlih regard to insurance pro- vldod #o an additional Insured desig- {2} Gonditlon 11. Conformance to Hated under Paragraph 9.e.(~} Sub- Speoiflc Written Contract or Agreement Is hereby added: pparagraph (f} above, 5ECTi©N Itl - L tMiTS O~ iNSUt3 ANCE is a d d 11 C . , men e . onformance to Specific to include: Written Contract or 1'he limits applicable to the additional Agreement Insured are those specified in the With respect to additional written contract or agreement nr in insureds described in Para- the C3eclarations of ihls Coveragge graph 8.a.(2}(f} shave only: Part, whichever are less, if na limits era specified in the written contract if a written contract or or agreement, or If there Is no written agreement between you contract or agreement, the omits ap- and the additional insured placable to the additional insured are specifies that coverage fcrr those specified In the Declaratlans of the additional insured: tltls Coverage Part, The iin~iis of in- surance are inclusive of and nni In a, Be provided byy the in- addition to the limits of insurance surance Ssrviaes ©f- shown in the Declarations, five addltlonal insured form number CC 2U 1fS c. SECTION iV - CC3MtVIE<RCtAL {aEN• or GG 2tl 37 {where EI~AI. i.iABlt*ITY CCtJDITt©NS Is edition specified}; or hereby amended as follows: b, Include coverage for f9) Canditian 5. ©ther insuranco is completed aperatfans; amended to include: or (a} Where required by a written c. Include coverage #4r contract ar agreement, this "your work'; Insurance is primary and 1 or nnrtcontributory as re- and where the limits or cov~ stage provided to the addf» includes copyrighted material of Insurance GA 233 02 Q7 Services Office, Inc., with its permission. Page 13 of 15 tional Insured Is mare re- strictive than was specifr- catty required in that wr}tten cantracl or agreement, the terms of Paragraphs 9,a.(3){a}; 8,a,{3}{b} or 9.b. above, or any combination thereof, shall be Interpreted as providing the limits or coverage required by the terms of the written contract ar agreement, but only to the extent thaf such fimlts or coverage Is included within the terms of the Coverage Part to which this endorse- ment #s attached. if, how- ever, the written contract or agreement specifies the In- surance Services Office additbnal insured farm number GG Zt7 1tl but does oat specify which edition, ar specifies an edition that doss not exist, Paragraphs S,a.(3)(a} and 9.a.{3)(b) of this endorsement shah not apply and Paragraph 9,b« of this endorsement shall ap~ pIY~ 10. Broadened Contractual l_labllity-1Nork WltittnSU' of Railroad Property it is hereby agreed chat Paragraph f.{1~ of l7efinition 12, "Insured contract" (S C- 1'ION V - DEFINITIONS) is deleted. 11. Property Damage to Borrowed Equip- ment a, The fallowing Is hereby added to ~x- cluslan I• Damage to Property of Paragraph 2„ Exclusions a# SE~C- TioN 1 ^ e~vl=tzA~ES, C©vERAC~E A. BODILY IN,1tlRY ANC} IsROP- ERTY DAMAGE LIAHfLITY; Paragraphs (3) and ~4} of tilts exclu~ sign do not apply to tools or equip- rnenl loaned to you, provided they are not being used to perform apera- tlons atthe time of loss. b, Willi respect to the insurance pra- vtded by this section of the en- dorsement, the following addiiiottal provisions apply: {1} The Limits of insurance shown in the l3eciaratians are replaced by the Limits designated In sec- tion i3, Limits of Insurance, 11. a# ibis endorsement with respect to coverage provided by this endorsement. These limits are inclusive pf and oat in addition to the Limits being replaced, The Limits of insurance shown In Section B, I.irttlts of insurance, 11. of this endorsement fix the mast we will pay in any one "oc- currence" regardless of the number of~ {a} Insureds; {b} talaims made or "suits" brought; ar (cj Persons ar organizations making claims or bring „suits", (2} Deductl#le Clause (a} Our abllgatlon to pay dam ages on your behalf applies only to the amount of dam- ages fnr each "occurrence" which are In excess of the peduclible amoun# staled in Section 1~, I_ttnits oir Insur- ance, 11. of this ondarse- ment. The limits of insur- ance will nc3 be reduced by the appiiaation of suclt pe- duclible amount, (b} Condition 2« Duties In the i=vent of Occurrence, ©f Tense, Claltri or Suit., ap- plies to each claim or "suit„ irrespective of the amount. (c) We may pay any part or alt of the deductible amount #o effcot aatilctrtnnt of any claim or "suit" and, upon notification of the action Taken, you shat! promptly reimburse us for such part of the deductible amount as has been paid by us. 12. Employees as Insureds - 5peclfted Heat#h Care Services It Is hereby agreed that Paragraph 2.a.{1}{d} of SECTION li -WHO IS AN tNSURli3, does not apply to your "em- pioyees" who provide professfanal health care services on your behalf as duly ii- censed: a, Nurses, la. Emergency Medicai'fechniclana; or c. Paramedics, in the Jurisdiction where an "occurrence„ or offense to which this insurance appllas tastes place. '13« Broadened Notice of Occurrenoe Para raph a. of Condition 2« t)uttes in thevent of Occurrence, Offense, Claim or Solt {SECTION IV - COMC~iER- CIAL GIwNERAL LIABII.l7'Y COND!~ tnciudes copyrighted material of Insurance GA 233 t?2 OT Services Office, Inc,, with Its permission, Page 74 of 15 TI©N3) is hereby deleted and replaced by the following: a. You must see to it that we are noti- fied as scan as practicable o€ an "occurrence" or an offense which may resutt in a claim. To Iha extent possible, notice should lnefudo: {7) Haw, when and where the "oc currence" o-• offense tooK place; {2} The names and addresses of any injured persons and wft, nesSBS; and {3} The nature and location of any Injury or damage arising out of the "accurrenae' oroffense, This requirement applies oniy when the "occurrence" or oftense is known to an "authorized representative", Includes copyrighted mataria! of Insurance GA 233 02 g7 SerViaes Otfica, Inc„ with its permtsston, Page 75 01' 75 Untitled Page Login Public Contractor Search PERMITS LICENSE PUDLIC WORKS vloLnnoNs ELEVATORS ~~v~sson bf i3vi Idin~` Sa f e~~ I'UbIIC WOrlts SeafCh • " Search Attain Download Results Printable View Page 1 of 1 Comnanv Name License Number Work Cateporv(s) License Tvne License Class Slalus Annlic~ A.M.E. Electric, Inc. PWC-C-11544 16D00, 02500 4 AA ACTIVE A.M.E. li;~.~ ;'r;~~ Page: 1 of 1 Details -License Number: PWC-C-11544 Llc Info~Bus Lic (Fees $1,400.OOI Registration#: PWGC-11544 Issue: 9/25!2012 Expire: 9/30/2013 Type: PUBLIC WORKS Sub-Type: AA S(atus: ACTIVE ComplNama: A.M.E. Electric, Inc. Address / :3621 Arthur Slreel City, State, 7_ip: CALDWELL, ID 83605 Phone: (206) 459-6959 Cell: (206) 965-5115 Payer. Fax: (208)459-8140 Owner Name: Home I CONTACT US row~rvd r,~ r, / i~ , ~ s rs rents https://data.dbs.idalio.govBtralcit2/Idaho_PublicWorlcsSearchRslts.aspx 8/8/2013 - - -- -- ---o - °-----.... ~._....~ r zt~c t ul ~. ti~ ti r Y ~',~`~•_,~~r.r.,:~o J:I~/11-IC) ~~~Rf~ I,~~Y car ~ r~~~ -~ ,~ a i i x r ~, }i.:s.~ `k''I-~ ~~~ 1/i~winc~ i~u~ine~~ ~nLi~:y l~ tj`~- ~~ Ben Ysursa, Secretary of State [ New Search ] [Back to Summary ] ~(~ n[ Get a c~ertificajt'e~go/ff~existence for A.M.E. ELECTRIC INC. ] G~~dn 11°Ilo j~:n II-~. 1~~4a~~ Il ~l~~~/ 1S~V~Jn 3621 ARTHUR ST CALDWELL, ID 83605 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING, ANREPT SENT 07 Jan 2013 State of Origin: IDAHO Date of 25 Mar 1988 Origination/Authorization: Current Registered Agent: JAMIE WINTERS 3621 ARTHUR STREET CALDWELL, ID 83605 Organizational ID /Filing C86242 Number: Number of Authorized Stock 10000 Shares: Date of Last Annual Report: 22 Jan 2013 ~a~o~uQ~~tl V~'s9a~~d [ Help Me Print/View TIFF ] Filed 25 Mar 1988 INCORPORATION View Imaae (PDF format) View Imaae (TIFF format) ~~aaaa.u~atl G~~l~~u°~~~a [ Help Me Print/View TIFF ] Report for year 2013 ANNUAL REPORT View Document Online Report for year 2012 ANNUAL REPORT View Document Online Report for year 2011 ANNUAL REPORT View Document Online Report for year 2010 ANNUAL REPORT View Document Online Report for year 2009 ANNUAL REPORT View Document Online Report for year 2008 ANNUAL View Image (PDF formats View REPORT Image (TIFF format) Report for year 2007 ANNUAL View Image (PDF formats View REPORT Imaae (TIFF format) Report for year 2006 ANNUAL View Imaae (PDF formats View REPORT Ima e TIFF format Report for year 2005 ANNUAL View Image (PDF formats View REPORT Image (TIFF forma, Report for year 2004 ANNUAL View Imaae (PDF formats View REPORT Imaae (TIFF format) Report for year 2003 ANNUAL View Imaae (PDF formats View http:J/www.accessidaho.org/public/sos/core/C86242.htm1 8/7/2013 -- ~ a ..tj.. f. vi v REPORT Report for year 2002 ANNUAL REPORT Report for year 2001 ANNUAL REPORT Report for year 1999 ANNUAL REPORT Report for year 1998 ANNUAL REPORT Report for year 1997 ANNUAL REPORT Report for year 1996 ANNUAL REPORT Report for year 1995 ANNUAL REPORT Report for year 1994 ANNUAL REPORT Report for year 1993 ANNUAL REPORT Report for year 1992 ANNUAL REPORT Report for year 1991 ANNUAL REPORT Report far year 1990 ANNUAL REPORT Report for year 1989 ANNUAL REPORT Report for year 1988 ANNUAL REPORT Image (TIFF format View Image (PDF format) View Image (TIFF format View Ima ge (PDF format} View Image (TIFF format View Ima ge (PDF format) View Image (TIFF format) View Ima ge (PDF format View , Image (TIFF format) _View Ima ge (PDF formats View Image (TIFF format View Ima ae (PDF format) View Image (TIFF format View Ima ge (PDF format) View Image (TIFF forma _View Ima ge (PDF format) View Image (TIFF format) View Imag e (PDF format) View Image (TIFF format? _View Imag e (PDF format) View Image (TIFF format) _View Imag e (PDF format) View Image (TIFF Format _View Imag e (PDF format) View Imaae (TIFF format _View Imag e (PDF format) View Image (TIFF format _View Imag e (PDF format) View Image (TIFF format Idaho Secretary of State's Main Page State of Idaho Home Page Comments, questions or suggestions can be emailed to: sosinfo(a sos.idaho.gov http://www.accessidaho.org/public/sos/corp/C86242.htinl 8/7/2013 ~ ubv a va i ( j Division of F3uildinr~.,. 5~~~.~-G~ ~~~ _ Logln Pubuo Public Works Search .~ ~ Search Aoaln Download Results Printable View Contractor Search Comoanv Name License Number Work Cateporv(s) License TvPe License Class Status A lice A.M.E. Electric, Inc. PWC•C-11544 16000, 02500 4 AA ACTIVE A,M.E. I i ~ PERMITS ~ LICENSE ~ I'irs;l ~ ~ I'rev ~ Page: 1 of 1 Plc:;( I, j last Puauc woRl<s ' Details -License Number: PWC-C-11544 VIOLATIONS f ELEVATORS Lic Info Bus Lic lFees $1,40800 i Registration#: PWC-C•11544 Issue: 9/25/2012 Cxpire: 9/3012013 Type: PUBLIC WORKS Sub-Type: AA Slalus: ACTIVE ComplName: A.M.E, Electric, Inc. Addressl: 3621 Arthur Street City, 5lale, Zip: CALDWELL, ID 03605 Phone:{208)459.8959 Cell: (208) 965.5115 Pager: Fax: (208)459.8140 Owner Name: Home ~ CONTACT US /~i l.YIP(r Gf ~I II ~ ~ /SYS TEhrS https://data,dbs.idaho.gov/Etralcit2/Idaho_PublicWorltsSearchRslts.aspx 8/1/2013 Meridian City Council Meeting DATE: August 13, 2013 ~ 1 ~+_ fi~c~l [;b~_~i1i[~~d~lf~_~I~ ~~~;; f~~?,~_y~ PROJECT NUMBER: ITEM TITLE: Reimbursement Agreement for Connection to Sewer Service at 1507 N. Meridian Road for an amount not to exceed $19,938.00 MEETING NOTES 4yep~, ~~~.~3'I RM~ ~' Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Mayor Tammy de Weerd CiEy Ceundl iAlern6crp Keith 81rd brad Haaglun Charles Rountree bavid ~aremba TO: Mayor Tammy de Weerd Members ofthe City Council FROMs Ashley Newbry, E•I•T. Staff Engineer DATE: August 5, 2013 SUBJECT: REIMBURSEMEN`T' AGREEIVIEI~T WITH MGT I,EGACX CHURCH FOR TI-IEIR SEV{~Elt SERVICE RECONFIGURATION I, RI+;CiDMMENDT~D ACTION A. Move to: l . Approve the Reimbursement Agreena~ent for a sewer service reconfiguration with MGT Legacy Church 2, Authorize the Mayor to sign the agreement. lI. DEPARTMENT C£)NTACT PERSONS Ashley Newb~~y, Staff Engineei Clint Dolsby, Asst. City Engineer Warren Stewart, PW Engineering Manager "fain Barry, Director of Public Works 489-385 489-0341 489-0350 489-0372 Page 1 of 3 III. DESCRIPTIE)l~i A. Baclcgrotand Cuz~ently, a tizrzewozn sewer main runs south to north througlt the backyards of residents between Mericliazt Raad and NW ls~, from Cherry Lane to Elrn Avenue. Because of the poor COItditiUl'i and location of this utility, the City desires to abandon the sewer main within the next few years. At this time, the main serves the MGT Legacy Cl~t.trclt building, which was constructed directly over the sewer mainline. Additionally, MGT Legacy Church desires to expand their existing facility. Due to development regulations, they will pat be able to construct the building addition until the main leas been abandoned beneath their existing building and proposed addition. IV. IMPACT A. Strategic Impact; MGT Legacy Church has obtained five bids for the construction necessary to move their sewer connection fiom beneath the building to the Meridian Road sewer main. City Staff recommends that the City enter into a reiznbursezxzent agreement with MGT Legacy Church to encouzagc them to disconnect from the sewer main beneath their building. This action will facilitate the church building expansion and City sewer mainline needs. B. Fiscallzn~act: Project Cost: Reimbursement Agreement $19,938,00 Project Fuzading: Sewer Line It.eplaceznents (359095004) $19,938.00 V. ALTERNATIVES A. The City could choose not to sign the Reimbursement Agreement wiflt MGT Legacy Church, leaving tl~e organization to fiend their sewer reconfiguration. This could be a major impediment to theiz• ability to move forward with the additional and would also prevent the City fz•om abandoning the mainline in need of replacement. VI. TIME C€lNSTRAII~ITS Council's approval within this fiscal year will allow this project to occur. Funding has been allocated from the FY2013 budget. If postponed, MCY'I' Legacy Church znay not be able to abandon their cflnnection to the sewer main beneath their building. This would hold up the Clnireh's construction azzd the City's mainline replacement. Pa~c z of 3 VII, LIST OF ATTACHMENTS A. Reimbursement Agreement Approved for Council Agenda: "t._-~-~°-~ to Page 3 of 3 REIMBt`F.RSEMENT AGREEMEN`.l' IC+'Q~R CONNECTION "i'O WATER AND SEWER SERVICE: 7.5{17 N. MERIDIAN ROAR This REIMBURSEMENT AGREEMENT FOR CONNECTION TO WATER AND SEWER SERVICE is made this 13th day of August, 2013, by and between the City of Meridian, a municipal corporation organized under the laws of tlxc State of Naha, whose address is 33 East Broadway Avenue, Meridian, Idaht> {hereinafter "City"), and MGT Legacy Clxurch Incorporated, a corporation organized under the law of the State of Idaho, whose address is 1507 N. Meridian Road, Meridian, Idaho (hereinafter "Cnstazzxer") (collectively, "Paz'ties"). Vi~-IERI+aAS, Customer is the owner of parcel nutrzber R945300Q117, located at 1507 N. Meridian Road, Meridian, Idaho, ixx Ada County, Idaho (hereinafter "Subject Property"); WHEREAS, the City is authorized by Idaho Code section 50-332 to operate azxd zxxainfaizx a domestic sewer system, and the Ciry does exercise such authority, including by the adoptiazz. and enforcement of Title 9, Chapter 4, Meridian City Code; and WHEREAS, in or about June 2013, in conjunction with azz Ada County Highway District road constriction project on Meridian Road, the City of Meridian installed a sewer line adjacent to Customer's eastern property liz~e; and WHEREAS, to improve efficiency azxd Iang-terrn_ viability of sewer sezvice to the subject property and eliminate use of aging and ituproperiy routed infrastructure, bath Parties desire that Customer conzxect the building at Subject Property to the new sewer line on Meridian Raad; and WHEREAS, Customer obtained five bids far the cazzzzectiozx of the building at Subject Property to the raw sewer Tine on Meridian Road, and the lowest bid for such work was V'crl Roberts Cozxstructiarz; I~IOW, '1`IliEREFURE, far gaud and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, tlxe Parties agree as follows; I. COMMITMFN 1'S BY CITY. A, SEWER 5TUI3. City shall install u stub from the City sewer system to Subject Property in order to facilitate connection of the building to the City sewer Tine along .Meridian Road. ~. CITY SEWER tIQOKUP. 1. CUST~ibIER ~"O HIRE C't)NTRACTOR. lay 5:00 p.m. on Wednesday, August 14, 2013, Cttstc~mer shall hire Veil Roberts Cozxstructiazz (292 S. Sugar Plum, Eagle, Idaho) to, in accordance with the regulations of the Building Services Divisiozz of the City of 1Vlerittiazt Community Develaprrzezzt Department, the City of Meridian Public Works Aepaz•tlx~ezxt, and any and ali ether applicable rules or laws, complete the wort: enumerated on the bid attached hereto as ,iaxhibit ~l. X2EIMSURSEivfENTAGREEMEEVT FC?R Cai~IAIECTIOAI OIL Wn•I'ER nTID SEWER SERVICE 15fl7 N. NlEZZZbzniv Ra.nl~ Pnoa t an fi 2. CI'I'~ TO REIMBURSE CusTtIMER. Vt~ithin fourteen (l4) days of receipt of invoice fz'om Customer and W-9 form completed and signed by Customer, provided that such work is completed and City has received such W-9 and invoice by 5:00 p.m. on Monday, September 16, 2413, City shall reimburse Customer for the amount invoiced, not to exceed $1},938.00, which payment shall constitute City's total remuneration fox all costs related to this Agreement. 3. BUILDING PERMITS. Customer specifically agree that it will abtaii~, or ensure that Verl Roberts Construction obtains, all necessary permits iioin the Building Services Division of the City of Meridian Community llevelopment Department prior to initiating work u~~der this agreement. A,ny fees applicable to required permits shall apply. C. PROVISIQN OIL' SEWER SERVICES. At all times relevant hereunder, City shall provida sewer services to the Subject Property, subject to tlae terms quid conditions of this Agreement and any and all applicable laws and City ordinances. City shall bill Customer monthly for sewer usage according to the metering, accounting, and billing system in place under Meridian City Code and the policies and practices of khe City of Meridian. D. TAxES. As reimbursement payments made pursuant to this Agreement do not constitute incon~.e to Customer, City r~vill not issue lRS Forth 1499 to Customer. II. CoMMITMEN~'S I3'Y CUSTOMER. A. PAYMENT Z'OR CI'I'~ SERVICES. Upoit connection to the City's sewer system, Customer shall pay to City all applicable fees and costs for services provided, including, but not limited, to use fees, as such are calculated and I?illed by City as set forth herein and established by law or City policy or ordinance. ~"he exclusive remedy fot• ~lny disputes, objectiosas, or appeals regarding such fees and costs shall be with the Board of Adjustment, under the procedures set forth in i1~leridian City Code. B. OPERATIt3N A,ND MAINTENANCE. Upon connection to the City's sewer system, Customer shall be solely responsible for any and all costs related to operation and maintenance of all portions and functions of the sewer system between the seveer line and the building served by the City sewer system. Iii. GENTa~iAI. PROVISIONS. A, TIME IS UI"I'HE ESSENCE. The Parties acknowledge and agree that time is strictly of the essence with respect to each and every term, condition, and provision of this Agreernerat, and that the failuue to timely perform any of the obligations hereunder shah constitute a breach and default hereunder by the Party so failing to perform. ~3, DEFAULT. Any failure to pei~orm the terms and conditions of this A.greetxtent, or any portion thereof, shall be a default hereunder. In the event of a default, the ~zon-defaulting party may serve a written Notice of Default upon the defaulting party by the method set forth herein. Except in case of an imtniitent or realized. threat to the public health, safety, or welfare, the defaulting party shall have thirty (34) days following delivery of such notice to cure or correct the default before the non- defaulting p~uty Inay seep any remedy as proviclctl herein. Notwithstanding any other provision of REIMSt1R$EMENT .~GRE,I:MEiV•F fY?R COI~II~iECT[ON OP WA•rLi2 ANI~ SEINER SERVICE 1507 N. MtiRIVIA~t RoAt~ PAGE 2 oi< 6 this Agreetnettt, this provision chalk be binding upon the Parties and upon any and all successors in i~tterest thereof. C. NC?A'.tCl'±.'S. Any ttatice desired by the Parties or required by this Agreement shall be deemed delivered after deposit in the United Mates Mail, postage prepaid, addressed as follows; City; City of Meridian Public Works Department Director 33 E. Broadway Ave. Meridian, Idaho 83642 Customer: MGT Legacy Church Incorporated Attn: Rev. Ralph W. Lowe 150'1 N'. Meridian Road Meridian, Idaho 83642 Eifher Party tray change its address for the purpose of this section by deliveritag to the other Party written notification of such change, establishing a new address for noticing purposes, in accordance with the requirements of this section. I~. BINbING l'Jk{)N SUCC~3S©R~. Except as otherwise specifically provided herein, this Agreement shall be binding upon any and all owners of the Subject Property, any and all subsequent owners thereof, and each attd every other person acquix~ng an interest in the Subject Property. Nc}thing herein shall, ar Shall be construed to, in any way prevent the sale or alienation of the Subject Property, or any portiot3 thereof, except that any sale or alienation shall occur subject to the provisions of this Agreement, and any successive owner or owners shall be both benefited and bound by the catiditiotts and restrictions herein expressed. E. Si~VL+'t2AI31T,ITY. If any provision of this Agreement is held invalid by a court of competent ,jurisdiction, such provision shall be deemed to be excised herefrom acid the iltvalzdity thereof shall not affect any other provision cir provisions coxitained herein. F. A't~'o~trr~Y r~t;s. Should any litigation be conunenced between the parties hereto concerning this .Agreement, the prevailing party shall be etxtitled, in addition to any other relief as ntay be granted, to court casts and reasonable attorney fees as determined by such court. This provision shalt be deemed to be a separate contract between the Parties and shall survive, inter alma, any default, ter1Ti121at1oI1, or forfeiture of this Agreement. G. ~+'iNA~. AGt~EMENT. This Agreement sets forth all promises, inducetneaats, agreements, conditions, and understandings between City and Customer relative to the subject matter hereof; and there are no promises, agreements, conditions, or utaderstandittgs, either oral or wt7tten, express or implied, between City and Customer, other than as art; stated herein. Except as otherwise specifically provided herein, no subsequent alteration, atnendntent, change, or addition to this Agreement shall be binding upon the Parties unless set forth fix writing and duly executed by both Parties ar their successors in interest. H. 1'~IoN-WAR. liailure of either Party to promptly enforce the strict performance of any tertxx of this Agreement shall not coxastihtte a waiver or relinquishme}tt of any party's right to thereafter enforce such term, attd any right ar remedy hereunder maybe asserted at any time after either patty becomes entitled to the benefit thereof, notwithstanding delay itr enforcement. All rights and remedies herein enunxerated shall be cumulative and none shall exclude any other right or remedy Rk:aMauttsu'ME+IV'r ACiltGCML7lVT TOR CONNI;C1'IUN OF WATF~i ANA SEWit2 SnitvlCB ~a~r N. Mnrzaa~a~rr Roan ~AG~? ;3 ota 6 allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. I. COMPLIANCE WITH LAWS. Throughout the course of this Agreement, the Parties shall comply with all applicable Iaws, ordinances, and codes of Federal, State, and local governments. This Agreement shall be governed by and construed and enforced in accordance with the Iaws of the State of Idaho, and the ordinances of the City of Meridian. The City's ordinances appertaining to the regulation, control, and use of its sewer and water systems, and any prospective amendments to andJor reeodifications thereof, are specifically and without lin~fitation incorporated into this Agreetxtent as if set forth fully herein. ,T. ADVICE OF A~"I'URNE'Y. Each party warrants and represents that in executing this Agreement, it has received independent Iegal and financial advice from its attorney and/or financial advisor, or has had adequate opportunity to seek such advice. K. APPROVAL REQUIRED: This Agree7xlent shall not become effective or binding until approved by the City Council of the City of Meridian. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 13th day of August, 2413. MG LEGACY CHURCH: ~~ -' ~ Ralph .Lowe ~` _..-.~"~ f~. Pd~l~ $ ' ~~ CITY OF MERIDIAN: .~j~ BY: .- v~--~~ Tammy de ~ p~rd, Mayor STATE OF IDAHO ~7 t._? ~ ~ ss: County of / ) f _ I HEREBY CERTIRY that on this 1- day of ~7 ~/ ~~ before the undersigned, a Notary Public in the State of Idaho, personally appeared RALPH W. LOWE, proven to me to be the person who executed the said instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto sat my hand and affixed my official seal, the day and year in this certificate first above written. ~, .~' Notary Pu is for Idaho s Residing at " f` ~~~ `L ,Idaho My Commission Expires: ~ ~~i~ J'~ / (]~V~~ a ~ .fi3EAL w ti rr ~Aw ~nF f~~~rhe iBb ~S~R~" ~1` f~ee~. Holman, City Clerk IDAHO REIM73URSEMENT AGREEMENT FOR CONNEC7YON OF WATER AND SEWER SERVICE 1507 N. MERIDIAN ROAD PAGE 4 DF 6 BID FR.O~ VERL ROBERT'S CONSTRUCTION REUviBiJxsElvii?N'i`AGxEEMEN'I' FOIL CONNECTION OF WA'i'ER AND SEVt+E[i SERViC:i; 1507 N. AYAi,,RiDiAN ROAD PACzE 5 OF (a ~-24•-13 Revised bid ~-•1.5-13 Legacy' church basement sewer reconneetiozY. 1.507 IRI Meridian. Interior: Saw & z°eznove carpeted concrete in basezraent floor, regrade & run GO ft of new sewer pipe to exterior of building Protect basement fi'ona Spread Of dtl.5"t & debris dtzrtng want, All removal & replacement o#' laasez7rxe~nt materials must be hand carried in & out, Basebd needs to be removed where carpet is removed & replace:, Extez•ior; ~Nork to be accessed from & nzt ad jaizxing properly. existing driveway to he reznuved & repoured. Uo to depth o#'sewer(14 or 15 ~) at new tap, ,wont should be dare v~rltli a tracldzoe to load trucl~s & excavate deep. Do to deptlx trench slzoriztg is required. Have had 3 normal bidders loop & decline to gel invalvetl. Saw cEZtting & basement concrete removal. A~Core 9QU.00 Carpet rez~naval & replacement, Ntajestic Mooring 2,4~Z2,00 Baseboard removal & replacement_ 110 ft ~50.Q0 Basement protection & clean up, materials 40, lobar 10 C~30 34U.00' plumbzni; ,excavation, demolition, bacldill & cozxtpaci:ion by Bab Izaselman Plumbing & excavation 7,:1,82.00 Basement concrete z•eplacezxzent materials 360,U0 Concrete labor 16hrs[a730 ~gQ,00 Drain grate for new dz'lve~rray to existing drain pipe 385.00 Fine grade materials & concrete far new driveway x.,525.00 Bzop labor 16030 ~l•t30.(10 haboz• to set & pnuz• $ 2.55 for 1.025 ss~ fit.. ~ 2,f~3~i•.00 Genez•al Contratc~r labor for bidding & supervision 40030 1,200.00 CozZtractormarkup 1.QQ/> 1.,g1,Q.pp Total laid 19,938,0€1 Bid submitted by ~'ez l Roberts Construction 1tGT 1,997 2982 S Sugar Plum Eaglt; ld 83610 ~'ax 046-#1219 Cell 8b6~2132 Meridian City Council Meeting DATE: August 13, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Meridian Community Block Party 2013 Presenting Sponsorship Agreement Between Rehab Authority and the City of Meridian for aNot-To-Exceed Amount of $1,500.00 MEETING NOTES ~i ~PPROVf~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS MIJRIIlIAN COMIVIUNITY SLOCIK PART.' 2Q13 PRESENTING SPONSORSHIP AGREEMENT This MERIDIAN COMMUNITY BLOCK PARTY 2013 PRESENTING SPONSORSHIP AGREEMENT {"Agreement") is made on this day of ~, 2013 ("Effective .Date"), by and between the City of Meridian, a municipal corporation organized Mader the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and Rehab Authority, whose address is 1 S60 ,South Carol Street, Meridian, Idaho &364f ("Sponsor"). For good and valuable consideration and in colsideration of the mutual promises and covenants herein contained, City and Sponsor agree as follows: Presenting Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and shall be recognized as, the 2013 Presenting Sponsor of City's Meridiali Community Bloclc Patty event to take place on September 14, 2013. As such, benefits ensured to Sponsor tlll'oughaut the term of this Agreement shall include those enumelated for presenting sponsors in the Meridian Community Block Party 2013 Sponsor/Partner Packet, attached hereto as Exhibit. A. 2. Payment. Within thirty (30) days of the Effective Date of this Agreement, Sponsor shall prepay to City one thousand five hundred dollars ($1,500.00}. In the event the Sponsor fails to pay this amount in a timely mallller as provided herein, City may irrlrrlediately cancel and void this Agreement. In the event that the Meridian Community Bloclc Party is discontinued for any reason, the amount prepaid shall be refundable. Promotion, With regard the Meridian Community Block Party, City shall undertake the promotional and advertising efforts enumerated for the presenting sponsors in the Meridian Community Block Party 2013 Sponsor/Partner Packet, attached hereto as Exhibit ~1. 4. Term. The term of this license shall be from the Effective Date through September 30, 2013, ul~less earlier terminated by either party by the method established herein. 5. Cancellation; scheduling. The parties acknowledge that the 2013 Meridian Coll~munity Block Party is scheduled to beheld at Settlers Park on September 14, 2013 from 9:00 a.m. to 4:00 p, ln., but cancellation lnay be necessary due to weather or other conditions or circumstances. City shall have sole responsibility and discretion ill scheduling and/or cancelling Meridian Community Block Party activities, including any and all related activities by Sponsor, The parties hereto expressly acknowledge that Settlers Park is a public space, the lrlatlagement and scheduling of which shall at alt times be within the sole purview of City. Any right or privilege granted to Sponsor by this Agreement shall include neither the right to exclude any law-abiding person from fine Meridian Cominunlty Block Party, nor the right to interfere with any person's concurrent, lawful use of Settlers Park where such concurrent use does not conflict or interfere with Sponsor's use. 6. Insurance Sponsor's responsibility. City shall not provide insurance to cover loss, theft, of damage of any equipment oi' materials used by Sponsor in the furtherance of this Agreement, or to cover any activity undertaken by Sponsor in the exercise of the rights oi• the furtherance MERIDIAN COMMUNITY 13 LACK PARTY PRESENTfNG SPONSQRSJ-~iP AGRSEMCNT PAGE I of 6 of the obligations described herein. Any and all insurance of each party's respective property and personnel shall be Elie sole responsibility of #hat party. Sponsor shall obtain all zaecessary insurance as may be requiz•ed in order to protect Sponsor's insurable interests for Sponsor's rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile iiisztrance, worker's compensation insurance, andfor property insurance. 7. Use ~tf City's ~~atne, logo. City hereby conveys to Sponsor pezrr-ission to use City's name foz• purposes ofadvertising, marketing, and public information, without violation of City's righfis of privacy or any other rights City may possess under this Agreement, provided that Sponsor shall not use City's logo for azay purpose without the express, written permission of the Mayor's Executive Assistant. $. Tertnitzatioza, a. Termination for cause. If either Party determines that the other has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, andfor stipulations of this Agreement, engaged in any act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its rnaterial obligations under this Agreement, the other Party shall have the right to terminate the .Agreement by ,giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for tez7rzzination. The defaulting party shall have seven (7) clays after receirt of such notice to cure the default. If the default is not cured within such period, this Agree~z~ent shall be terminated upon mailing of written notice of such termination by the terminating party. b. Termination without car~se. Either party may terminate this Agreement for any reason or without cause by providing to the other party seven (7) days' written notice. c. No compensation upozz termination. In the event of termination, whether for or without cause, neither Party shall be entitled to compensation or daonages for any equipment ar naatez•ials provided pursuant to this Agreement or obligations incurred in furtherance of the rights conveyed by this Agreement. Notwithstanding this prevision, neither party shall be relieved of any liability for daa~~ages sustained by the other attributable to a breach of this Agreement. ~, R.elatianship of Forties. It is the express intention of Parties that Sponsor is an independent contractor and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Sponsor and City or between Sponsor and any official, agent, or employee of City. Both parties acknowledge that Sponsor is not an employee of City. Sponsor shall retain the right to perform services for others during the term of this .Agreement. Sponsor shall have no authority or responsibility to exercise any rights az• power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be made by Ci#y. MERIDIAN COMMUNITY B~.C1~K PARTY PRES[sNTf?~G SPONS©RSHfn f1GREEMENT PAGR2 UP6 10. ItNtlemnificati©at. Sponsor specifically ittdetrtniftes City atad holds City harmless from any loss, liability, clairrt, judgment, or action for damages or injury to Sponsor, to Spattsor's personal praperty or equipment, and to Sponsor's etnployecs, agen#s, ar volunteers arising out of or resulting from the cottditiott of City's real or personal property or any lack of maintenance at• repair thereon, and not caused by nr arising out of the tortious cattduct of City ar its employees. Sponsor fitrther agrees to indemnify and halts City harmless from any Toss, liability, claim or action from damages or injuries to persons or praperty in any way arisi~tg nut of or resulting from the use of City's real or personal property by Sponsor or by Sponsor's employees, agents, volunteers, or inviteBS and not caused by Clr arising out of rise tortious conduct of City or its employees nr volunteers. 11.'47Vaiver, Spattsor shall, and hereby does, waive any and all claims and recourse against Cify, including the right of contribution for loss attd damage to persons or property at•ising frorn, growing out of, ar in any way connected with or incident to Sponsor's performance of this Agreement, whether such loss or damage tray be attributable to known or unknown conditions, except For liability arising out of the tortious conduct of City or its officers, agents or employees. 12, Taxes. Sponsor shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to this Agreement. 13. Time of the essence. Sponsor acknowledges that services provided under this Agt•4ernent shall be performed in a timely manner. The Parties acknowledge attd agree that tithe is strictly of the essence with respect to this Agreement, and that the failure to timely perform arty of the obligations hereunder shall constitute a breach of, and a default under', this Agt•eetxtent by the party so failing to perform. 14. Compliaxtce Fvith la~v. Throughout the course of this Agreement, Sponsor shall comply with any and all applicable federal, state, and local laws. I5. Noz~-discrixrtirtation. Througltotat rite course of this Agreement, Sponsor shall trot discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, ttte~ttal, ar sensory lt4tndieap. 1 b. Etttlt•e Agreetr~etit. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, pxontises, or inducements trade by either party, ar agents of either party, whether oral or written, whether previous to the execution hereofor contemporaneous herewith, The terms afthis Agreement may not 6e enlarged, modified or altered except upon written agreement signed by both parties hereto. 17. Costs attd attorneys fees. If either party brings any action ar proceedings to enforce, protect or establish any right or remedy under the terms atad conditions of this Agreement, the prevailing party shall be entifled to recover reasonable casts and attorneys' fees, as detet7ttined by a court ofeatnpetent jurisdiction, in addition to any other relief awarded, MrR!©IAIV CQMMtJNti'Y BLOCK PARTY PRESENTING S~aN$ORSHIP AGREt"M tiNT t'~as 3 pFg l8. Agreement governed by Idaho larv. '1'he laws of the State of Idaho shall govern the validity, interpretation, perforniance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. 19. Cumulative rights and remedies. Ail rights and z'ezxzedies herein enumerated shall be cumulative and none shall exclude any other right or remedy Allowed bylaw. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. 24. Severabi}l#y. if azzy provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenfazceable, the remainder of this Agreement shall not be affected. 21. No assignment. Sponsor shall not assign, sublet, subcontract, or transfer its rights or responsibilities hereunder without the express written consent of City. Should Sponsor cease to exist in its current farm, this Agreement and atl rights granted to Sponsor hereunder shall be void. 22. Notice. Any and all notice required fa be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon Ir~ailing by United States Mail, addressed as follows: S~orzsor; Rehab Authority Attn: Galen Danielson 2174 E. Franklin Road Meridian, Idaho 83642 City City of Meridian Attn: Colin Moss 33 E. Bz•oadway Ave. Meridian, Idaho 83642 Either party may change its address for the purpose of this paragraph by giving written notice of such change in the manner herein provided, 23. Entire agreement. This Agreement captains the entire agreement of the parties and supersedes any and alI other agreements, leases, or understandings, oral or written, whether previous to the execution hereof ar caiitenaparaneous herewith. 24. Exhibits. Ail exhibits to Phis Agreement are incorporated by reference and made a part of hereof as if the exhibits were set foc•th in their entirety herein. 25. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Sponsor. The undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Sponsor. 2~r. A,pprvva} lfteq+uiretl. This Agreement shall not become effective of binding until approved by the City of Meridian. M>~ttlpJAN COMMUNITY 13 LOCK PAtt'rY PRESENTING SFO~lSORSHIP AGIt1:~M ENT PAGE 4 of b SPONSOR: Authorized Representative Signature ~~. Please Print Name CITE' OE MERIDIAN: BY: Talnlny deerd, Mayor ALt(,fr.~o 7 a L7S}' U~ ~-JQ/~~ . TIC ,/ r' ' ii~as+a ~ a !, ^~r ~v h~ 3.. ~ ~'r ~ ~~ f~'+I r6r Tttt ~S`~•y~ ~r Cv c~ i~n~ is- ' ~t Title ll -~ l ~ ~ _ Date ATTEST: Holman, City Clerk MERIDIAN COMMUNITY BLOCK PARTY PRESENTING SPOiVSORSHIP AGREEMENT` PAGE S Of 6 Exhibit A. MER~D~AN Ct)MMUNITY BLOC. PARTY 201 ~ SP()NSORS~YP PACKET' P~esen.ting Spon.SOr For ~~.,500 you will receive; ~ The opportunity to promote your business/organization at the event through displays, product sampling, demonstrations, etc. Banners hung in various locations at the event. Banners must be provided by sponsor, locations will depend on size and orientation of provided banners. Your logo linked to your website on the City of Meridian website on the 1Vleridian Community Block Party page recognized as the presenting sponsor. Your logo and a link to your website on the Meridian Community stock party event listing vn the Meridian Parks and Recreation page on Facebook. This fisting will also be posted on the City of Meridian page vn Faceboak. Your business/organization to be included in all press coverage regarding the event. ~ Your business/t~rganization's ic-ga to be included in all other marketing efforts. MERIDIAN CC}MMt1NITl` l3 LOCK PAR'!~Y I~ItGSENTiNG SPONSORSI~III'AGREEMENT PAGE 6 of & Meridian City Council Meeting DATE: August 13, 2013 ITEM NUMBER: 4S PROJECT NUMBER: ITEM TITLE: Pedestrian Easement Agreement with Ada County Highway District as part of the Ground Reservoir #2 and Booster Pump Station Project MEETING NOTES ~~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Mayor Tammy de Weerd City Cognei[ ~fember~e Keith Bird Brad Hoagtun Chaves Rountree bauid Zaremha TO: Mayan Tamrny de Weerd Menllrers of the City Co€€rzcil PROM: Clitkt 't~Vorthirrgtori Staff Engineer II DATE: July 34, 2413 SUBJECT: APPROVE PEDES'I`RTAN I{;ASEMENT WITH ADA COUNTY IIIGI-IVVAY DISTRIC"I' AS PART OF TIIE (YROUND RESERVOIR #2 AND BOOSTER P~JMP STATION PROJEC'T`. (NEXT AVAILABI.,I~; CONSENT AGENDA.) RECOMMENDED ACTION A. Moos Co: # . Approve pedestria€x easement with Ada County I-iigltway DistricE as part of the Ground Resetvoir• ~#Z anal Booster Pump Building Pro3ect; aztd 2. Atzttrorize the Mayor to sigzt the easemezrts. II. DEPAIt1'MENT CONTACT PERSONS Clint 1rVorthiz~gton, (Staff E€zgineer II, Project Mazzagez) Kyie Radelc, Assistant City Enginee€• .............:................ Warren Stevvaz•t, Ertgineez•ing Manager ........................... John McCor€nicl<, beputy Director of Pz2hlie Worlcs...... Tom Barry, Uirector• of public Worlcs ................. ...:..............489-0349 • • • ...............4 89-0341 • • ...............489-0350 .................489-037'8 .................489-03 72 Prr~ye 1 o~i'2 III. DESCRIPTIQN A. Background 'Cradewinds Subdivision will be constructed adjacent to the north t~otrtrdary of the Ground Reservoir #2 Project Site. As part of the construction, Tradewinds Lvitl be constructing an access to the Grou~rd Reservoir #2 Project Site. This access requires a pedestriatr easement be granfed to Ada County Ilighway District as part of theit• right-af--way. I3. Proposed Easements The access will 6e part of Ada Corrtrty Highway Dish•icts right-of way and a permatrent pedestrian eascrrrent is required. IV. IMPAC'T' A. FiscalItnpact: There is no fiscal impact to the City. V. TIMI'; CONSTRAINTS A. Tire easements need to be acted atr and recorded so the Tradewinds project can get final plan approval and begin construction. VI, LIST QIr` ATTACI3MEN"1`S A. Signed and notarized the attached Pedestrian Easetrrent Agreement with C~Iribits A and B; °_ G-`._ ~ ...._ Approved for Council Agenda. ~--'~ '4,-'~ ~ ~l 1 amen Stewar• , PE, Engineering Manager Date Page 2 of 2 ADR COUNTY RECORAER Chrisiapher D, Rich AMOUNT ,OO Tradewirlds Subdivision No. ~ BOISE IDAHO O81i4fi3 fl9:58 AM SEG Locust Grove & Victory Road RECORDED~aREQUEST aig Iii illi~llilill~illlillllliliiil I ail T 3N, R 1 E, Sec 29 Meridian City ~ 1 ~~~~$~~ PERMANENT EASEMEf~T THIS PERfUTANERIT° EASEi1RENT' (the "Easement"}, is made and ®ntered into this day of ~t~ ~a~.x „o,®, 2p13, by and between City of Meridir~rt, hereinafter referred to as "GRANTOR," and ADA C®UNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho, hereinafter referred to as "ACRD." ~ITNESSETH: FOR GO®D AN® SUFFICfENT CONSIDERATION, IT IS AGREED: SECTIQN 1, Reci#als. 1.1 GRANTOR owns the real properly Iocat®d in Ada Goun#y, Idaho more par#icularly describ®d on Exhibit "A" attached hereto and by this reference incorporated herein (hereinafter "Servient Estate"}. 1.2 ACFID has jurisdiction over the public highways, including sid®walks, and public rights-of-way which adjoin and are adjacent to the Senrignt Estate (hereinaf#er the "®ominant Estat®"}, 1.3 ACRD desires to obtain an easement on, over and across the Serviertt Estate for the purposes hereinafter described, and, for the consideration and on the terms and conditions hereinafter set for#h, GRANTOR is willing to grant such easement to ACH D. SEGTiON 2. Grant of Easement and Authorised Uses. GRANT®R hereby grants to ACRD a permanent exclusive easement over and across th® Servient Estate for use by the public, including motorists, pedestrians and bicyclists, and th® following uses and purposes: {aj placement of a Public Rights-of-Vl/ay as has defined in Idaho Code, section 40-117}, Permanent Easemen# - 1 {4/12/12 {b} cons#ruction, rQOOnstruction, operation, maintenance and placement of a Highway {as defined in Idaho Code, section 40-1 U9} and any other facilities or structures incidental to the preservation or improvement of the Highway; (c} statutory rights of ACRD, utilities and irrigation die#ricts to use the Highway and/or Public Right-of Vllay. SICTIOIV 3. Permanen# Easement• Covenants Run with the hand. This is a permanent easement. This Easement, and the covenants shall be a burden upon the Servient Estate and shat! run with the land. The Easement and the covenants and agreements made herein shafil inure to the benefit of and be binding upon, ACHD and GRANTOR, and Grantor's successors and assigns to the Servient Estate. SECTION 4. Appurtenant. The Easement herein granted !s appurtenant to the Dominant Estate and a burden on the Servient Estate. SECTION 5. Maintenance. Upon acceptance of the Highway, ACRD shall maintain the physical integrity of this easement in good condition and repair and as required to satisfy all requirements of applicable laws, the policies of AGWD and sound engineering practices. The repair and maintenance of the physical integrity of the Easement shah be at the sale cost and expense of ACRD; provided if the damage to the physical integrity of the Easement is as a result of the activities of GRANTOR, GRANTOR'S guests, invitees, contractors or agents, the repair shall be at the sole cost and expense of GRANTOR. SECTION fi, lndemniftcatlon. ACRD shall indemnify, save and hold GRANTC3R harmless from and against any and all claims for Toss, injury, death or damage, and reasonable attorney s fees and casts that may be incurred by GRANTOR in defending such claims, caused by or arising out of ACHD'S construction, use and maintenance of the Easement on the Servient Estate. SECTION 7. Recordation, This Easement shall be recorded in the Official Deal Property Records of Ada County, Idaho. TD HAVE AND TO HOLD this Easement unto the ACHD forever. Perr~nanent Easement - 2 {4!12/12} GRANTER covenants to ACRD that ACHD shaft enjoy the quiet and peaceful possession of the Senrient Estate; and, GRANTGR warrants to ACHD that GRANTOR is lawfully seized and possessed of the Servient Estate and has the right and authority #o grant this Easement to ACHD. IN WITNESS WHEREOF, the undersigned have caused this Easement to be executed the day, month and year first set forth above. Grant®r: Ci#y ~f Ai7ericOfan Aft®sted: State of Idaho ) Ss, County of A~ ) Sy: Tam ~ e W~®rd, May®r o` ~ ~ .G ~y ~•~ °,r f ity n;' v~~,,1~I)I.A ~~ '~~~~n . fl. ,sEE~L ,, .,., f F~ ~~ ty a 'fR F pS~0.~~Q ®n this ,~ day of ply, ~ ~~~ ~~ ~ ~-1~ .®in the before me, ~ y ysar 2013, a f~atary Public in and for said State, personalty appeared Tammy de Weerd and ~.,.~ ~-~. Clerk of the City of Meridian, muntcipai c rporat on thatd Xe ~t to be the Mayor and City instrument, and acknowledged to me that they executed the same. ed and attested the within iF1 WETNESS WHEt~E~I~~ i Dave herea~e~to sit my hand and affixed rroy official seal tine day and year in this certificate first above written. ~~~ Fy fir' rk5~s ~" ~~p~u, Gary f'-413J~~~~~or thL7 17tate Ci iN~ t Ht3 ~,~ ~e .•~'rb ~~ . '~'A' tir~~ ~. 8siding at ~ Idaho ;, ', N iuly Commission expires-,~ c- ~ t ~ f g' i, £~ ~ i ~ ~ n . <: r Permanent Easement - 3 {4/12112} ' 9233 WEST STA'fi: Sl'ikEE"i' ~ 80ISE, tD $37'14 ~ ZU8.639.6939 ~ FAX 2Q8.fr39.6930 July 3.x, 2013 TradewindsSubdivislan Phase ~. Protect tVa. ~.~-072 Legal Description ACHD Pedestrian Easerrasttt f:ftWlBiTA Parcel of (and for an ACWD Pedestrian Easement situated in a portion of the Northwest ~/4 a# fibs Northwest 2/4 of Section Z9, Township 3 North, Range 3 East, Boise Meridian, City of Meridian, Ada Cqunky, Idaho and more particularly described as follows: Commencing at a 5/8-inch rebar marking the Northwest corner of said Secton ~9, which bears Nt1d°14'18"E a distance of 2,645.69 feet from a 5/8-inch rebar marking the West 1/4 carnet of said Section 29; Thence fallowing the westerly line of said Northwest 1/4, 504°14'18"W a distance of 791.79 feet to a paint; Thence !saving said westerly line and fallowing the proposed southerly right-o#--way tine of Coastline Drive, 589°34`32"ir a distance of 174.12 feet to the PC}lNT dt~ Bi~GtNNING. Thence fallowing Bald proposed southerly right-af way tine, S89°34'3."l; a distance of 76.38 feet tv a paint; Thence !saving said proposed southerly right-af»way line, 545°2S'29"W a distance of 14.10 feet tv a point; Thence N89°34'31"W a distance of 56.44 feet to a paint; 'hence N44°34`33"tA- a distance of 14.1.0 feet to the P11iNT' of i';i»GtNNlNG, Said parcel contains a total of 652 stluare feet mare or less and is subject to ail existing easements and/or rights-af way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. ENGINEERS C SUfZVEYOiiS ~ PLANNERS ~! rv '~ A g I NLV CORNER SECTION 29 P,O.G. i , i ~ ~ ~~ o 'V d, ~~ din ~~~ ~~569'34'$i"E 174.12' {Tlrrj m '~~ .~ ,..... ~~f ~~~ ~! `~ ~~ . I SEC's N 29 NCR ycetu.bURVEYOflS. PlANNftlS '3238 WfSTSTATE57NfES 8415£, IpAHD 837A~ PHOttf iIaBj 635.8939 FAX [2aej 614-593Q 5D 25 0 t ~~. s~N, ur S11Z9223530 ., COASTl.fNE pR. {!'ROPOSC!}y F'.0,8, 34'31 "E 76. 38' ~.~ „~ a N44'34'31"4V_f~'.._-..._.~ --~S+FS'25'29"W 14.14' N89'34'3i'Vl ~ 14.1D' 58,44' ACHD PEDESTRIAN EASEt~4ENT cm~ n~ M~~jolaN ss.xz~za3ssD EXHIBIT B TRADEWINpS SUBDIVISION PHASE ~. rnwttl: x2.972 SHEET: ~ ACHb PEpE5TRlAN EAS~M~NT 1 41; ~, NW 3./4 OF NW 1.J4 ~I~ SECTION ~9, T3N, R~.E, BM, CITY OF N1~R1bIAN Meridian City Council Meeting DATE: August 13, 2013 ITEM NUMBER: 4T PROJECT NUMBER: ITEM TITLE: Recreational Pathway Easement for Rushmore Subdivision MEETING NOTES r ~P~~auEo Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS AOA COUNTY RECORDER Christopher D. Rich AMOUNT .00 ! BOISE IDAHO 08l14t13 09:58 AM DEPUTY BnnnleOberbil6g ~~~i~~lil1i11~11I~~~I~i~l1I1~~~11~11 RECORDED-REQUESTOI` I # Ilil II I 11I1 II It Meridian Ciiy i i•_~~"~~~C~:~ RECI2EATIE)NAL PATII'WAY I+;ASEIVIENT ~~ THIS AGREEMENT, made and entered into this• day of ~I lCa t! ~ , 2013, between ''~`' hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal ca,~ oration, hereinafter referred to as "Grantee"; .~/~G~~"r`'I art/ j~; ~. c~ WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantee desires to grant an easement to establish the pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the Grantor does hereby grant unto the Grantee an easement on the fo}}awing property, described on Exhibit "A"and depicted on Exhibit "B"attached hereto and incorporated herein. The easement hereby granted is far the purpose of providing public recreationa}pathway easements for multiple-use non-motorized recreation, with the free right of access to such facilities at any and all trines. TO HAVE AND TO HOLD, the said easement unto the said Grantee, its successors and assigns forever. THE GRANTOR he~•eby covenants and agrees that it will not place ar allow to be placed any permanent structures, trees, brush, or perennial shrubs ar flowers wit}3in the area described for this easement, which would interfere with the use of said easement, for the purposes stated }lerein. IT IS EXPRESSLY iJNDERSTOOD AND AGREED, by and between the parties hereto, that Grantor shad repair and maintain the pathway improvements. THE GRANTOR hereby covenants and aga•ees with the Ga•antee that slxould any past of the easement hereby granted become part af, or lie withiz~ t}ae boundaries of any public street, then, to such extent such easement hereby granted vvl~ich lies within scach boundary thereof or which is a part thereof, shall cease and became null and void and of no fuz-ther effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforeznentioneci and described tract of land, and that it has a good and lawfial right to convey said easement, and that it will warz'ant and forever defend the title and quiet possessioar thereof agaia~st tl~e lawful claims of all persons whon~soevez•. IN WITNESS WHEREOF, the said Grazttor has hereunto subscribed its signature the day az~d year first hereinabove written. GRANTOR: ~-~- re Its: ~I,~L,~j-C'~~' STATE OF IDAHO ) ss Cocrnty of Ada ) On this day of US ~ , 2013, before m ,the undersigned, a Notary Public in and for said State, personally appeared ~r~~ ~, c(, known or identified to me to be floe President of the Corporation that executed the within instr-~rzrei~t, and acl~riowledged to zne that such coarrpany execzlted the same. iN WITNESS WHEREOF, I ]rave ireaeunto set zny hand and affixed n-zy official seal the day and year f st above written. c NO'T'ARY PUBLIC FOR IDAHO Residing at: (~ Conunission Expires:, r Rarraotini4sl U~tlnuo~r #a'acamant GRANTEE: CITY OF MERIDIAN Tatntny de We • ,Mayor ~e`~,_,;c''~ v`~US>~ ~~ 1 ~~ /~ i n ,e City <~4 {~ Attest b~aycee Holman, City Clerk :~ • ' """~ `` fiFELL `~ Approved By City Council On: ~~TF ~ , . Q~~Py STATE OF IDAI-IO ) County of Ada ss. On this ~ ~ day of~ ~ ~ ~„~,5~~- , 2013, before nee, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE 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 f rst above written. • ~~~~ j~.~,_f~,ti ~ Vie, e.°•\ ~~~ ~.~ °~ ,., (SEt~,~L);~" ~~~ s~~ ~a ;~~ ~ TARY PUB C FOR _ ~~~.. ' ~ Residing at: ~-• F3 E ! i~ t~ f s , G ' Commission Expires: ~° k= a f~VY .. P. 4.~~~' cy ~~ ---- ~~/ALa~~'~ ~..,,~,~~ 12594 W. l;xplarer prive, Suite 150 • 6alse, Idaho 837't3 •SURVEYINC (xa8) 385.4636 I;ax (2f}8~ 3135-g6~Fi Project. No.: 3682 EXk)~~BIT "A" Date: A~rgust 7, 2013 ©1=SCI~II~TtCiN OF MULTI»USE PATHWAY EASEMENT FOR CITY aF MERIDIAN PROPC)SEp LOT 1, BLdCK 1 dF RUSHtVIdRE SUBDIVISION No. ~ A parcel of land being a portion of Lof 2 of West Lawn Subdivision, filed far record in the office of the Ada County Recorder, Boise, Idaho in Book 2 0# Plats at page 94 lying in the SW 1/4 of Section 12, T.3N., R.1W., B.M., Meridian, Ada County, Idaho and mare particularly described as follows: COMMENCING at a brass cap marking the center of Section 12; thence along the North boundary of said SW 114 of Section 12, which is also the centerline of West Pine Street North 89°30'16" West 654.34 to a point; thence leaving said North boundary at right angles South DO°29`44" West 30.00'feet to a paint on the South right-of--way line of said Wes# Pine Street; thence slang the extended West boundary and the West boundary of Tremont Place Subdivision, as filed for retard in the office of the Ada County Recorder, Boise, Idaho in Soak 81 of Plats at page $$49 South 00°32'26" West 968.41 feet to an iron pin an the North right-af-way line of the Union Pacific Railroad, said paint bears South 00°32'26" West 0.54 feet from the Southwest corner of said Trernant Place Subdivision, which paint is the POINT +aF BEGINNING; thence along said North rlghtwof-way fine North 88°31'52" West 240.20 feet to an iron pin marking the Southeast corner of Rockcreek Subdivision, as filed far record in the office of the Ada County Retarder, Boise, Idaho in Baak 94 of Plats at page 11497; thence along the East boundary of said Rockcreek Subdivision North 00°32'1$" East 25.00 fee# to a point; thence leaving said East boundary and slang a line parallel wifh said North right-of-way line South 88°31'52" East 24Q.20 feet to a paint on said Vilest boundary of Tremont Place Subdivision; thence along said West boundary South 00°32'26" West 25.00 feet to the POINT Ol= BEGINNING Said Parcel of Land Contains 6,005 Square Feet, more ar less. 3682-Pafhway-desc.doc -dnm ~~ ~ ~ H ~ ~ ~ ~~ .a , ~ ~'~ P ~ ~ ~~~~g° N ~Uz~r ~ ~ ~ o ~~x~~~ ~ O`er ~"`~' = AZ g~~ w ~~n~ ~ ~ ~ 8 N ~ M s- r t- b ~ ~ ~ ~ z ice{ ~ O ~ ~ ~ ~ ~°,~ ? a, j (~ O • O • r0. 4# I : f~ ~ ~ W N ~ ~ a :U' ~ O Q ~ ~ ~ OVDa'!itl$ ~I.~13tld NOINA H ~ ~ ~ `---------. _ Pz'arZ ~ ,za,re.ea to ~. ~ --- 3 ~ aZ-aYi ~isaE oB S xi .al'b97 O t...e ~ [ ~aat ~ --_ ~~ ~ 4 I~ ti ~['y ~ ~ J T ' -.il'S51 ~ . 4~8F.9U 5 -`- -~ Ry. il~ i d S'fi~ ~`~~ i- i ~~ m ~t z ! ~S ~ a 11 Ya & s ~ ~~ r ~ S II ~ EP'19~.z_s,m.YB N ~~\ ! $ § R I no W ~ ~ g ~ ~ ~ $ ~ _` y :;~ ~ f f ,to•te s.to,PL.6uS ~.___. ~ y ~ti ~ F~ T. C~h N ~ ~ LS CV~ !{ ~ tr I ! (? ~~ 1- SSS... ~ F ~ ~ iii~~a...iiSSi4 ~ ) ~ Sf ~t ~~ -,f ~ .Oi ! f G? .~. ~ ~ C u~i < y ~ m i t • ~ ~ rri. ~ E~ n ~ f f E 4 ~ o I 2; S.S ~ V J Q~Q t.3aj}q gg ~ ~ I l1 .. rt `Z N ~ ~ ~ ~l i W _ kH ~ g ~ ~ w < ~ U3 f F4 f t 1 a ~ ~yy WW qc ~~ ~ ~ ~ w~ ~ ~ ~ ~~ ~ a 1~ Iwia~ i I g~a I ~ x~ ~ ~~ ~~~ ~;~ ~ ~ ~ ~ ~ J ~ ~ f ~ 691 7.9Z.W.i9S'~~~-....~~ ,- + ~~ ~ °~ `2~K ~~ ' ~< ~ ~ ~ ip i ~ ~ i--__..._~_ .lsfl J.9Z.9i.sas N ~ ~ ~~ , ~ ~ ~ o ~ j~ ~ I ~S'11W SHIN ...._~___--- ---~__....__ F ~ ~~~ ~ `s~ 6,16 ~~ ~ ~ ~ ~3g k ~ w= ~x ~ ~ ; ~ tdt'lizl hs S .~ ~~ ~ " ~~~ ~g ~ ~~ ~~ ~ ~ ~ ~ !b+>lnlUFif - < ~, I 15, t~liV~?+'t ,}, ri e3Ni ~ o- I ~ ii-- ! c g o4~ e~ 5 ~~ n° _~ -_~ f ~ m t N O S y N~ W ~ Z- _--_ ~i Ify °o Jill ~~ ~ - ~i6'if.9 ~___ _ .61'OYZ ~__~ V` ~~ /~O-C05LF ~ n ~- E9259Z 3.91~OE.9B&~ -~' -' r ------^~-^Z! ff" o ~. ~Nlavae d4 S15VS i33a1S 3Ntd ~SSM ~ ~ r~ v ~5 Meridian City Council Meeting DATE: August 13, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Sewer Easement for Rushmore Subdivision MEETING NOTES ~' _I ~~ Community Item/Presentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS II Community Development Department Land ~~veloprnent ~ervii~es Meridian City Kali, Suite 102 33 E. i3roadway Avenue Meridian, Idaho 83642 TO: Mayor Tammy de Weerd Members of the City Council FROM; Denny Cline DATE; 7/2S/13 SUBJECT; SEWER EASEMENT FOR RUSHMORE SUBDIVISICtN I. RECOMMENDED ACTION A. Mave to: 1. Approve a Sewer Main Easemenfi for the City of Meridian, located on the site of Rushmore 5ubdivisian. 2. This easement provides the City of Meridian access to an existing public sewer main located adjacent to Rushmore Subdivision. 3. Authorize the Mayor to sign the easement, and the City Cler!< to attest. II. DEPARTMENT CONTACT PERSONS Bruce Chatterton, Community Development Director 884-5533 Bruce I/recl<leton, Development Services Manager 489-©362 Denny Cline, Development Analyst II 489-0371 Recommending Denny Cline, velopment Analyst fl ~'_ ~:~ Approval -Brr~~~- Fr . !clef n, Development Services Manager Ph: 208.887.22].1 • www.meridlancity.ara + Fax 208.887.7.297 ltev: 41/x013 ADA GOUNTY RECORDER Christopher D. Rleh AMOUNT .00 ; i301SE IDAHO 08114/13 08:58 AM DEPUTY BonnieOberbillig I~f E~~~l~~l~ll~~~~l~i~~~~~~}i~~~~~~ RECORDED-REQUEST OF Meridian City i i ~~i'~~8h2 _ .... SAliTITARY SEWER EASEMENT ~~ ~~~~ THIS INDENTURE, made this~day of •~l,C , 2013 between~t~a`~~r~'..u~r/~5'e~c° ,the parties of the first part, and hereinaftez• called the Grantors, and the City of Mezidian, Ada County, Idaho, the party of the second part, asad hezeinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer right-of--way acz•oss the pxemises and property hereinafter particulazly bounded and described; and WHEREAS, the sanitary sewer is to be pz'ovided for through an underground pipeline to be cor~rstructed by others; and WHEREAS, it will be necessary to maintain and sexvice said pipeline from fime to tune by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant arrd convey unto the Grantee the right-af--way for an easement for the operation and maintenance of a sewer line aver and across the fallowing described property: {SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the propose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, zepair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and al l tunes. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prioz• to undertaking such repairs and maintenance. However, Grantee shall not be z•esponsible far repairing, replacing or restating anything placed within the area described in this easement that was placed there izr violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed Sewer Main Easement Rustitnore-Sewer- Maiu-Ease.doc any pcr~nanent structures, trees, brush, or perennial shrubs or flowers within tl~e area described foz• this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement Hereby granted shall become part of, ar lie within the boundaries of any public street, tlae~a, to such extent, such right-oi=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 fu~~tlaer effect and shall be completely relinquished. THE GRAN`T'ORS do hereby covenant with the Cxrantee that they ace lawfully seined and possessed of the aforementioned and described tract of land, and that they have a good. and lawfi~I right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawfiil claims of all persons whomsoever. IN WITNESS WHF;REOp', the said parties of the fist part have hereunto subscribed their signatures tl~e day and year first herein above written. GRANTOR: %~ ~~~~ Fi~x~ ~ r.~~~" ~ ~I ~'~'c'r.,l, /y~rY~~',' ~Cc/,Sfi'~la.~~ ,~ ~~~~~~;~/~ s ~~~ hod ~1i: ~/ ~~ ~7~. ~~ ~Orv Address c3 G'Cr taxy STATE OF IDAT-TO ) ss County of Ada ) On this ~~~u~L day of ~ , 20 /~.~, before me, ~e undersigned, a Notary Public in and for said State, personally appeared /C..~-~,ccz~o~ ~L~z~ Lam. MxI•• lcn w~ _ or identified to me to be ~ e Pr~i~ient~-~ant~ # y! ~ r~M L..it'f~ Se~eta~y~.'espectis~l~, of the ~-ee~°po~t~ ~ that executed the within instrument, and aclcnowledgerl to me that such corporation executed the same. IN WITNESS WHERLOI', I have hereunto set my hand ancI affixed nay official seal the day and year fzs®` ~~~~o~i~e ~®~~ {SEAL~~~~ ~®'~ARy~ ® ~" ~~ Sewer Main Easeigoe n~,~®®~ ~ ~ ~ }'~ ~,~ Q Main-Ease.doc eoo ~' *~'~~~~~ ~ro ®aa~T'E` n~ t~~~~ r~~ .~ .~ ~ NOTARY PUBLIC li OTZ IDAHO Rusfm~ore-Sewer- ~ J Residing at: ~~c~~. _ Commission Expires:_~ t~~t ~"_~ GRANTEE: CITY OF MERIDIAN Tammy de zd, Mayor L. Holman, City Approved By City Council STATE OF IDAHO ) ss County of Ada ) it~a~,~uct.si-~ ~~ !y V ~+ (~1~~' O~ ~°' EIIDI?~.N~ UAilO ~~ i ~~ SEAL Y® C'r. F~9 On this l~ day of u u ,~ , 20 ~ , before me, the undersigned, a Notazy Public izz 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 acl~nowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have laez•ezznto set zny hand and affixed my official seal the day and year first above written. ui~G~l3 i:, L ,. i ~ t4.~ G4 G. i~.~ f~ ~~ G v ~ti7 iCS ~~ ~~ ~, fig, .~...> F. d:. ,`~° ~ ~~ 1 i S~t:~~'Cz (SEAL) i .d i I lJ < <~ 4~ i ~ b ¢ ~ i i ~F~~d ~~? ~ 5> F wI 2P v'~ ~ ~ '~ N TARP PU IC FOFt ~I HO Residiz~zg at: ~-( , 4 cx,,,v~ ~ Commission Expires; ~ Sewer Main Easement Ruslnnore-Sewer- Main-~ase.tloc --__= ~~~;~..~~~'~ ~.A1N~ 12594 W. Explorer Drive, Suite i50 • Boise, Idaho 83713 SURVE'Y'ING tzosy 3s5-osas Fax (2Q~) 385-oS96 Project. No.: 36s2 EXHIBIT "A" Date: July 18, 2{313 QESCRiPTION OF S1~WER MAIN EASIrMENT FOR CITY OF MERII]IAN RUSHMORE SUBDIVISION No, A parcel of and being a portion of Lot 2 of Wes# Lawn Subdivision, filed for retard in the office of the Ada Caun#y f~ecarder, Boise, Idaho in Book 2 of Plats at Page 94 lying in the SW 1!4 of Section 12, T.3N., R.1W., B.M., Meridian, Ada County, Idaho and .. , more parfiicularly described as follows: COMMENCING at a brass cap marking the center of said Section 12; thence along the North boundary of said SW 1J4 of Secfion 12, which is also the centerline of West Pine Street North 89°30''16" West fi54,34 feet #o a point; thence leaving said North boundary at right ang#es South 00°29'44" West 30.00 feet to a point on the uouth right~of--way fine of said West Pine Street; thence along the extended West boundary and the West boundary of Tremont Place Subdivision, as filed for record in the office of the Ada County Recorder, Boise, Idaho in Book 81 of flats at Page 8849 South 44°32`26" West 582.99 fee# to the POINT OP BEGINNING; thence CQntlrluing South 44°32'2G" West 178.18 to a point on the North right-af--way Tine of West Broadway Avenue; thence leaving said West boundary North 54°52'17" West 9.72 feet to a point on a line that is parallel with and 8.40 feet West of said West boundary of Tremont Place Subdivision; thence a#ang said parallel line North 04°32'26" East 173,38 feet to a paint; thence South 84°21'08" East 8.03 feet to the POINT" OF BEGINNING, Said Parcel of Land Contains1,406 Square Feet, more or less. W;13682tQocs13882-Sewer-Ease~desc.doc -dnn~ CENTER 4f" SSGTiflN i2 j~I ~--~--~--~-,---~~--y o ~~ so lao 5CAL~ IN f=kW~T k"=50` s o0°29'44" w p.O.B. SE=W~1~ _ _ _ ao.oa' ~AS~NI~NT SCWER MAIN EASEMENT i S 00°32'26" w ~_~~~~ ~~F. f 1 5B?..94' ~~H1D1 ! i1 ~©s~ SrWER MAIN' EASI!~MENT I+'OR CITY OF N,CERIDIAN RUSIIMORE SUBDIVISION No. A p012TI0N fll: THE sw v4, Sf:CTIaN 12, T.9N., R.IW., B,M. MI=~I17lAN, AbA COUNTY, IpAFIO N 84 °21 `08" w ~~/.-f~~~~/.,.1~7G/1~ 8.03 w i 1 1~ O N 1 f 1 F f J f I N 54°52'17" W / 9.72' i i I ~~ ~ V 3 ~ + Oz ! I ~} ! I +-. ~ I ~ 1 I ~ Q ~ 1 ~ ~' WATER MAIN ~ c~~ ~ ~ CASEMENT ~ I f ~ Q I BLOCK I I I I i Izl_.;.;w; fia)i;'r:i;riF_f:hC ;itJf3glE~1:51C?t•f CtfRV~ TA~LI~ CUl2vE RAb1US D~{_TA I..~NOTH BEAl21NG CHORD G- i 48,00' 26°58'55" 22.b0' N b2°42`49" w ?_2.40' G- 2 48.00' 56°28'f0° 47.3(` S 44°3b`08" C 45,42' p7--IB-~13 07:23:12 dmurks ~~~~,.~~r$ L~~~ ~~i~~~~~~~ !2594 W. k;Xf ~OR~R UREYE, SUlT~ 150, 6015, Ip $3713 --~ 208--365-x636 ^---~----~-~- ~' - -- ~, ~~SEWCR & WATER ~ I MAEN EASEMENT r~- - -~, ;.. ~ - « ~ f ~v ~' ^ ~ y 's ~~. Meridian City Council Meeting DATE: August 13, 2013 ITEM NUMBER: 4V PROJECT NUMBER: ITEM TITLE: Water Main Easement for Rushmore Subdivision MEETING NOTES ~~~~~D Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE' FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS t ~d3 ' i 'e_i i5 i-"z Community Development Department L.~nc9 ®evei~prvtenll; Serrt~i~es Meridian City Hali, Suite ~.Oz 33 E. Broadway Avenue Meridian, Idaho 83642 TO: Mayor Tammy de Weerd Members of the City Council FROM: Denny Cline ©ATE; 7/25 j13 SUi3lECT: WATER MAlN EASEMENT FOR RUSHMORE SIiBDIVISIC?iV 1. RECOMMENDED ACTION A. Move to: 1. Approve a Water Main Easement far the City of Meridian, located on the site of Rushmore Subdivision. 2. This easement provides the Cifiy of Meridian access to a public water main being instai[ed to provide service far Rushmore Subdivision, 3. Authorize the Mayor to sign the easement, and the City Cleric to attest. I!. DEPARTMENT CONTACT PERSONS Bruce Chatterton, Community Development Director Bruce Freclcietan, Development Services Manager Denny Cline, Development Analyst it !~J j Denny Cline, D velopment Analyst !i Bruce Freckleton; ~eveiopment Services Manager 884-5533 489-0362 489-Q37~. Recommending Approval Ph: 208.887.221. • www.meridiancity.org ~ Fax 208.887.1297 Rav: oi~zas a ADA GOUNTY RECORDER Christopher D. Rich AMOUNT .00 ! BOISE IDAWO 08119113 09:58 AM DEPUTY Bflnnie Oberbillig RECORDED-~ecluESTO1: ill llilliilliHlilliilllillii Meridian City i i~~~~~~.i WATER MA)tN EASEMENT THIS INDENTURE, zrrade this~day of,~r1,~ , 2pf~bet~veen ~ "`""~" ,~~ ~he parties of the first past, and hereinafter salted the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided far• through an urzdergr•ound pipeline to be constructed by others; and WHEREAS, it wrll be necessary to maintain, service and subsequently connect to said pipeline from tune to time by the Grantee; NOW, TI-IEREIiORE, in consideration ofthe beneftts to be received bythe Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the riglrt- of-way for an easement for the construction, operation, mai~rtenarzce, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby grouted 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 ofaccess to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after eonstr•uctiorz,moking repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restoz•e the area of the easement and adjacent property to that existent prior to undertaking such consfz•uctiorz, repairs and maintenance. HoweveE•, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there irr violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent stz•uctures, trees, brush, or• perennial shrubs or flowers within the area described for this easement, which would interfere with ttze use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant arzd agree with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such exte~zt, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become gull and void and of no further Water Main Easement Rushmore-Water- Main-Ease,doc effect and shall be c«mllletely relinquished. THE GRANTORS do hereby covena~ifi with the Grantee that they are lawfully seized and possessed of the afor•emer~tioned grad described tract of la~~d, and drat tlYey have a good and Lawful right to convey said easement, and fihat they will warrant and forever defend tlae title and quiet possession thereof against the Lawful claims of all persons whomsoever, lI'd WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures tl~e day and year first herein above written. GRANTOR: L ~~sid~ N!~N.~~E,~; r~~ fig/ j0~~ .zrn/{~~c,~-,.y~.c~7~ ~~ C° Address ti~~ Sec tei ary STATE OF IDAHO ) ss County of Ada } On this ~~'~ day of -~ , 2 /.~, before me, the undersigned, a Notary Public in ~ and far said State, personally a geared _~~7'`• - --~~GG.~. ~~ lazoWn 01' identified to me to be the°Presi~ietxt°a~trtl~'Secreta~+~respectivelq; of the .-c~a~~Q~ati~t~tlaat exCCUted the within instrument, and acknowledged to me that sucf~ carporation execute~he same, IN WITNESS WIIEREOE, I have hereunto set my hand and affixed my official seal the day and year fist above written. .~ ~8~~aa®oaeo~es®~~ {SEAL) ~~~~~~~~ ®~~~~®~~~~~~~~~~~g~ NOTAR'Y' PUBLIC POit IDAHO ®'TA~ ~. ~, ~ Residing at `~ ~~ r.~ ~~ ~-' ~ ~ Commission Ex ices: ®mam~9 ~'~ ~p .t~~~e~~ d~~Q9Qtl~llf9a~~ Water Main Easen7ent Itt~slrrnore-Water- Mai~rEase.doc GRANTEE: CITY OF MERIDIAN .~LC~(~jCLc~ ~l Tammy de e rd, Mayor .a``` / ~ V ow 1 r. e .: ,~ Cite cif ~_ ~•f ` %~) ~ I I7 A tf O Attest by a cee L• Holman, City Cleric "~`A.'n"'_I ~~~°~~ .,., ,-~ ~fF ~~ 7?lf hsti~w Approved By City Council On: /~~~.r "~ ~/ STATE OF IDAHO ) ss County of Ada ) On this ~~ day of ~,.,~. ~._ -~~ , 20~, before xne, the undersigned., a Notary Public in and far 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 nay official seal the day and year first above written. .,~ti ~+ ~ err (SEAL) t ~, { e's L, 3 ra 4 ~~ E~ t s n tt ..~ r.. ~ .. ~ FR•..~z-... w P..... 5~. ~ ~~~ Vi'a` €~`~' ~~~ ~~`~ ~'~~~~~ p~! a~y~ e m .. ]l tt 6 A NOTARY PUB`IlIC FOR~IDA$IO Residing at: ~ (C] Commission Expires: ~~ ~ ~- 2 ~ Water Main Easement Rushmore-Water- MaimEase.doc -~_ "Ti~IRLEY'$ ~A~i1~ 72594 W. Sxpiarer Drive, Suits 180 • Boise, Idaho 83713 ~URVEV~f~IC.~`i ~zas~ 3s~-asps Fax lzas) s$5-rigs Project. No.: 3682 E~~BIT "A" Date; .luly 18, 2013 DESGRIPTiC?N OF WATER MAIN EASEMENT F4R CITY C?>= MlcRl©IAN RUSHI~I©RE SUk3DtVISICIN Nn. A parcel of and being a porkian of Lot 2 of West lawn Subdivision, filed for record in the office of the Ada County Recorder, E3aise, Idaho in l~aok 2 of Plats at Paps 94 lying in the SW 114 of Section 12, T.3N., R.1W., B.M., Meridian, Ada Gounty, Idaho and more particularly described as follows: COMMENCING at a brass cap marking the center of said Section 12; thence along the Not~th boundary of said SW 114 of Section 12, which is also the centerline of Wesf Pine Street North 89°30`16" West 894.53 feet to a paint on the extended East boundary of Rockcreek Subdivision, as filed far record in the office of the Ada County Recorder, Boise, Idaho in Book 94 of Plats at Page 11497; thence slang said extended East boundary and the Easf boundary of said Rackcreek Subdivision South 00°32'18" West 611,07 fret to the PAINT C1l~ BEGINNING; theme leaving said East boundary South 88°59'46" East 128.24 feet to a pole#; thence South 66°29'4G East 17.45 feet to a point; thence South 88°59'48" East 67.88 fast fa a point; thence South 00°32'25" West 127,33 felt to a poin# on a curve; thence along the arc of a curve to the left whose radius is 48.00 feet, whose central angle is 26°68'x5", whose length is 22.64 feet and whose long chord bears North 62°42`49" West 22.40 feet to a point; thence North 00°32'26" Eas# 97.41 feet to a point; thence North 88°59'46" Wes# 52.02 feet to a point; thence North 66°29`46" West 17'.45 fast to a point; thence North 88°59'46" West 124.10 fes# fa a point an Bald East boundary of Rockcreek Subdivision; thence along said East boundary North 00°32'18" East 20.00 feet to the P4[NT QF IBEGINNING, Said Parcel of Land Contains 6,299 Square Feet, more or less. W:136B21Docst3S82-Water-i~ase-desc.doc - dnm CENTER flF S~CT(4N 12 ~r m ~ S 00°29'44" 4! i° 30.00 ~~ 4 25 50 I00 SCAL1= Its ~GfT !" = 50 LXHI~3IT "B': WATER MAIN EASEMENT I{'CR CI'T'Y OF MERIDIAN RUSHIviORE SUI3DIVISIt~N' No. I A PORTION OF TNT SV! V4, 5tC1'fON 12, T,~f~l., Iz,fW., B.M. MERlDIAId, AbA COUNTY, IDAHO / S~~R MA(N I S fl582?996° ~ - ~ fl~~~M~f~~ ,.~ _........ 1 t t ,~ S 00°32'26" W 127.33' m ~ /~ >- Q ~y J ~ ~N 00°32'2b" E 47.47' 4~ o~ ~ m~~ ~, ~ o ~ ~ ~~„ ~ ~ S 66°29'46" 1+ ~ vz I%.4 a' ~ w m° o~ m N t- [ ~ I l~ V1 N ~- I I 1 4~AT~R MAIN EASI~M~fJT s,z~st s.l-. ~°a I " ~r t `~ S 00°32'18° IV_ 1_ ~O.Rrla l.if~DGR ROAiJ W 611.07" Q.O.B. ~VAT~f2 n 66°24'46" F! ~ 17.45' I `~ - ` ~' __~s __s~t~R ~ NrAn~ ® ~ ~ MA1N EAS~Mf:~ll' BLOCK I ~" `~ N 00°32'1&" E F>,C3C:h:C;F?E~E:h: :iL1f3EJl4~l:alt? hI Ct~17V~ 1'Af3L~ Ci1RVE. E2AbIUS DELTA LENGTH BEARIt~1G 01~{QRD C- I 413.00' 26°58'55" 22,60' N 62°42'49" S~ 22.A0' C- 2 413.04` 56°2&'EO" 4%.91' S 04°36'08" I: ~r5.42' 07--18-13 07; 23; 2Q drr~arlcs err ~ rig ~~:_ `~} ;~' f ~~YS u u: ~ 12594 Yl. EXP#~ORCR Uf21VE, SUITE 150, BOISE, !D 733713 ~~~ ~- _'--`-~----~ 208-385-0635 ~-~^----~-~- '~°`:~;-~~,~`.,_-:~ ~:- Meridian City Council Meeting DATE: August 13, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Sewer and Water Main Easement for Rushmore Subdivision MEETING NOTES ~~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F1NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS il::~:i;~:>; Community Deveiapmenl Department TO: Mayor Tammy de Weerd Members of the City Council FROM: .Denny Cline ©AT1=: 7/25/13 hand ~evelo~men~ ~~irvice~ Meridian City NaII, Suite 102 33 E. Broadway Avenue Meridian, Tdaha 83642 SUBJECT: SEWER AND WATER MAIN EASEMENT FOR RUST-!MORE SUBDIVISION I. RECOMMEi\I©E© ACT!'©N A. Move to: Y. Approve a Sewer and Water Main Easement far the City of Meridian, located on the site of Rushmore Subdivision. 2. This easement provides the City of Meridian access to public sewer and water mains installed to provide service for Rushmore Subdivision. 3. Authorize the Mayor to sign the easement, and the City Clerl< to attest. II. ©EPARTMENT C©NTAC7 PERSONS Bruce Chatterton, Community Development Director Bruce Frecl<#eton, Development Services Manager Denny Cline, Development Analyst !I Denny Cline, De #opment Analyst li _- .~..~-~ .:.v ~.~- ~-- -- - - __. - .----- _ ~~~_~ ~~° Bruce Freclc#eton, Development Services Manager 8845533 489-0362 489-0371 Recommending Approval Ph: 208.887.2211 • www.rneridiancity.orq - ~ Fax 208.887.1.297 a~~: oi~zais ADA COUNTY Rt:CORDER Christopher D. Rich AMOUNT .00 84(SE 1DAi1O 08t14I13 09:58 AN! 11 `` DEPUTY 1;onnieOberbiliig ~~I€I~(~~~I~l~f~ili~~I~~~~1l~~ RECORDED-REQUEST OF i ~~~'~~~~~ Meridian City SANI'I'ARI' SEWER AND WATER MAIN EASEMENT ! 3 ,~~~~ THIS INDENTURE, made this ~ ~ day of<-u~ , 20 /~ between~_._~~~~~r~~MP~~~, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH; WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WI-IEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other goad and vahrable consideratiora, the Grantors do hereby give, grant and convey unto the Grantee the rightwof-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is far the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after malting repairs or perfozxning other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary sewer and Water Main Easement Rustunare-Sewer-and- Watea•-Maim-Ease.doc TfIE GRANTORS hereby covenant and agree that they will net place or allow to be placed any permanent structures, trees, brush, ar perezu~iai slutibs or flowez•s within the area described far this easement, which would interfeze with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of way and easement hereby granted shall become part of, or lie wifihin the boundaries of any public stz•eet, then, to such extent, such right-of--way and easement hereby granted which Lies witlain such boundary tliereaf or which is a pant (hereof, shall cease and become null azid void and of na fuztl~ez• effect and shall be canzpletely relizzcluished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed. of the afozetnentianed and described tract of land, and that they have a goad and lawful right to convey sand easement, and that they will warrant and forever defend the title az~d quiet possession thereof against the lawful claims of all persons whomsoever, IN WITNESS Wi-IEREOF, the said parties of fihe first part have l~ez•etznta subscribed their signatures the day azacl yeaz• first laer•ein above written. GRANTOR; Pr~z~t.~Q~~~r~ .~7'~L~~ ~~'~'1.1Y.~~.;'~,~,~~psyrY~I~~~1/11v~~~A~„~" L~G° ~r~ ~~ ~ ~ ~~ ~~ Address __.._.~rrTA Secz•etazy STATI; OF IDAHO } } SS County of Ada } On this ~~~a~ day of_~~~ , 20 C~ , fare me, the un ezsigned, a Notary Public in azad for said State, pars Wally appeared ~ ,and. , lcnown~ar identified to me to be t e Rz~e:~it3ez~zt and• ~~~~I>~'ftG.~~'ccrct~r?~;--3'espeet~~vel-y, of the ~c~t~~i•_'a~~i~ that executed the witliizr izastrumcnt, and aclczrawledgecl to nxe that such corporation executed the same, IN WITNESS Wl IEREOF, I have hereunt_ o set my hand and affixed my official seal the day and yeaz• fist above written, --~.~ ~~~ga~eeoooaeea~se ~ - -, ~®°°°°~~'~~ A ~~~~~ s°~®~ NOTARY PUBLIC F,OR IDAHO °~~~ ~~,~~~~,~~`~~~~~ Residing at: f-c.~.Gt~d- ~~~ g Q~ ~ Cozzunission Ex Tres: 1~ Saziita~y Sewer and~~Vat~fvj~~ ~~s~ei~! ,~ ~ Rushmore-Sewer-and- ~~®~ ~+© t ` ~..sa°® GRANTEE: CITY OF MERIDIAN Tammy de W r ,Mayor L. Holman, City Cleric Approved By City Council On: STATE OF IDAHO, ) 5S. County of Ada } i:u ~~ Lr~;t{gi- 1 ~A G~ City of I~DI A N~- ~~~~,o ~ QE °r:i~. IREAS .~' On this~day of ~vc~ ~a ~~- > 20~ before me, the undersigned, a Nata~y Public in and for said State, personall py as pea~•ed Tammy de Weerd and Jaycee L. I-Iolman, 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. ,,~~~~c~~r~ t (SEAL) ; ~~~ ~~' ~ ~ ~ r~ ~s ~'9 ~ OTARY PU LIC FOR O f j j ~~ ~,> Residing at: ~ •~„ , ~ s3 C; ~ t ~ ~~ ~ Commission Expires:~~ ~, p ~ .~ ~ F~j ~; i p ~`.~ f A.~F S CE ` v rs <.~ s, n u r? Sanitary Sewer and Water Main basement ~.ushn~ore-Sewer-and- Water-Main-Ease.doc -_ `1"~i~L~Y'S L,~t~~ 12594 Irv, Explarer 17riva, Suite X50 • false, lda~a s3r1s SIJI~VEYN~G (zos} see-Dees fax (sae} 385-sass Project. No.: 3682 EX~XBIT "Ar, Date: July 18, 2013 ©i~SCRIPT1t3N ............ . EWER & WATER MAIN 1=ASEMI;NT BUR CITY aP MERIpIAN RUSWM{)RE SUBDIVISIQN No. 9 A parcel of and being a portian of Lot 2 of West Lawn Subdivision, filed for recr,rd in the affice of the Ada County Recorder, Boise, Idaho in Book 2 of Plats at Page 94 lying in the SW 1/4 of Section 12, T,3N., R.1W., B.M„ Meridian, Ada Caunty, Idaho and more particularly described as follows: CO1ltlfhtlENC1NC at a brass cap marking the center of said Section 12; thence slang the North boundary of said SW 1/4 of Sectlan 12, which is also the centerline of West Pine Street North 89°30'15° West 654.34 feet to a point; thence leaving said Narth boundary at right angles 5auth t30°29'44" West 3fl.00 feet to a paint vn the South right-of way line of said West Pine Street; thence along the extended West boundary and the West boundary of Tremant Place Subdivisian, as filed far reeard in the affice of the Ada Caunty Recorder, Boise, Idaho in Book 81 of Plats at Page 8849 South OQ°32'26" West 582.99 feet to a point; thence leaving said West boundary South 34°44'19" West 183.54 feet to a paint an a curve which paint is the ROtNT OF l3EGlNNt'NG; thence slang the arc of a curve to the (eft whose radius is X18.00 feet, whase central angle is 58°2$'10", whose length is 47.31 feet and whose long chord bears South 04°36'0$" East 45,42 feet to a point; thence North 85°50'23" West 52.45 feet to a paint; thence North 03°{?9'37" East 2tf,OQ feet to a paint; thence South 85°5D`23" East 25.OQ feet to a paint; thence North 03°09'37" East 25,00 fee# to a point; thence Sauth 85°50`23" l=ast 21,31 feet to the PCIINT OF BEGINNING, Said Parcel of Land Cvntains1,422 Square ~'eef, more or less. ,. ~, W:136821tioas13682-Sewer~Water-Ease-desadoc -dnm EXHIBI`~ "B" ~~~~ 0 2~ ~o loa a~CA9_E ~N r• SET (" = 54' SEWER & WATER MAIN- EASEMENT' I+'OR CITY OF MERY]7TAN RUSI-IMORE SUBDIVISION No. I A i~0{tT14N 01: TF[~ SW 1~4, SECTION {2, T.SN,, R,l4~., S.l+l. h1~129D9AN, A97A COUNTY, IDAI-10 1 1 S 00°32'26" l4 1 ~ 582.94' c1;1~T1w>z o>- 5~CTION 12 ~ S 00°29'44" tV `° 90.00` ~-- v~ w ~. 3 r~ m 4~7 io+ °v ~ ~ !~ & SEWER { ~ WATER MAIN I ~`~`" EASEMENT r i ~ CJ f j ~ BLOGK I ! I I --- I I f { I i S 66°50'23" a 21.91' ~ N 09°09'37" E 25,40' \ S 86°50'23" !; 2s.oo' -.. F?<?{; F:~:f?EEf=1°: ;>11E3C3i~i1;`slCih! Cl.1RVs; TAk3L~ GURVE RApIUS pIwLTA LENGTH BEARING CNORp C-- I 48,00' 26°5a'S5" 22.60' Pl 62°42'49" W 22.90' C- 2 40.00' 55°28'10" 47.31' S 04°36'Ofl" E 45.A2' 3682--Water-Se4'rer-Ease.dwg O7--t8-1:i 07:23:17 clmarlcs 1 ~~~~~i~ ~~~~ ~~~ Y ~~I~~ 9259h 4t. EXPLORER DF21Vt;, SUITE 150, i~01SE, 99) 83793 """'--"`~ 208-385-Of~3b ------~-~ WRIER Bt SEWER MAIN EASEMENT i,422t S~1", N 86°50'23" W ~/ 52.45' N 03°b9'37" E ~ 20.04' ~~ ` . ~~ - 3 ~ ~`.?? ~.x~ a3 , I SEWER MAIN f /'~ EASEMENT + __.--_}E-----~.._.____...~____....~_...__~_ ,~ ._ ~` - .` .~ >> { `.~ /~ ?~ f ~ `. I ~._.....-- `y;~ -_-.-... 1 { I .~ I { .s~¢° { S •9a ' F, ~``~ { I ~ P.O.B. WATER °~ oz m ~+ ~~ / O Meridian City Council Meeting DATE: August 13, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Sewer and Water Main Easement for Mulberry Subdivision MEETING NOTES u pPPR0YE0 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS I IA~~ T0: Mayor Tammy de Weerd Merr~bers of the City Council ~;;~-;h~ CammunSty Develoi~mei~t Department FROM: Denny Cline DATE: 8/8/13 L.a~d ®ev~~apr~~nit Se>rr~i~e~ Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, idaha 83642 SUE3IECT: Sewer and Water Main Easement -Mulberry Subdivision 1. RECOMMI=LADED ACT10N A. Move ta: 7. Approve a Sanitary Sewer and Water Main Easement far the City of Meridian, located on the site of Mulberry Subdivision. 2. This easement provides the City of Meridian access to public sewer and water mains installed to provide service for Mulberry Subdivision. 3. Authorize the Mayor to sign the easement, and the City Clerl<to attest li. DERARTMENT CONTACT PER5ONS Bruce Chatterton, Community Development Director Bruce Frecldeton, Development Services Manager Denny Cline, Development Analyst II ~~1 . Denny Cline, evelopmenCline, t Analyst li 884-5533 489-0362 489-0371 Recommending Approval Development Services Manager Ph: 208.887.2211 www,meridiancity.org ~ Fax 208.887.1297 Rev: U3/2013 ADA GpUNTY RECORDER Christopher D. Rich AMOUNT .pp i SOISE IDAHO Q8114113 p9:58 AM DEPUTY 8annie Oberbiilig 1 1fE ! II RECORDED-REQUEST OF ~~Ill~~ll~l~I~i~l~~l~~~I~~~I~~II Meridian City i 1 ~~'~i~5'~ SANITAR~I SEWER AND WATER lYIAIN EASEMENT TfIIS INDENTURE, made this day of , 2013, between Settlers Park, LLC, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada Caunty, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of--way across the pzeznises and property hereinafter pazticulaz•ly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to 6e constructed by others; and WHEREAS, it will be necessazy to maintain and service said pipelines fiom time to tune by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of--way for an easement foz• the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBIT A} The easezxzent l~ez•eby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, togethez• with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, fine 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 making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. Hawever, Grantee shall not be responsible for repairing, replacing or restoring anything placed within tl~e az•ea described in this easement that was placed there in violation of this easement. Mulberry Subdivision Sanitary Sewer and Water Main Easement-Settlers Park, LLC TI IE GRANTORS hereby covenant and agree that they will not place ar allow to be placed any permanent stl•tlctures, trees, brush, aI• perennial shrubs or flowers within the area described fol• this easement, w111Ch would Interfere with the use of said easement, far the ptu'poses stated herein. THE GRANTORS hereby covel~ant clad agree with the Gl•antee that should any part of the I•ight-af=way and easement hereby granted shall become part of; or lie within the boundaries of any pttblic street, then, to such extel~.t, such I•ight-of way and easement hereby gI•anted which lies within such baundaly thereof or which is a part thereof, shall cease and become null and void and of na further effect and shall be completely relinquished. THE GRANTORS da hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will walx~Int and forever defend the title and quiet possession thereof against the lawful claims of all persolis whomsoever. IN WITNESS WHEREOF, the said parties of Ilia first part have hereunto subscribed then' signattll'es the day and year first herein above written. GRANTOR: SETTL RS PARK, LLC David Alexander, onager STATE OF IDAHO ) ss County of Ada ,) ~~ On this ~_ day of , 2013, before lne, the ttndersigned, a Nataly Public in al~d for Bald State, pe • ovally appeared David Alexander, known or idelitif ed to Ina to be a Manager of Settlers P •lc, LLC, the Limited Liability Company that executed the within instrument, and acknowledged to Ina that such Limited Liability Company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed lny official seal the day and year fist above written. *~ r Ci b` s ' 1 C~ ~' (7 j ~, w ~. 11 ::-i ~~ ~' +1b t~, r yr t'tg3iRt~A9@3H t.i rY ,~~ P~ f`i ~~V II~~. 4.,t,~ ~f! or~,4 ~~.,,, 41~' .. _..ag~. NOT RY PUBLZC FOR IDAHQ Residing at: '~- Calnlnission Expires: f Mulberry Sut~division Sanitary Sewer and Water Maid Casen~et~t-Settlers Park, LLC GRANTEE: CITY OF MERIDIAN Tammy de We d, Mayor n . L. Holman City Cleric ~.~ C'iTy S~f Approved By City Council On: STATE OF IDAHO ) County of Ada ss. ~;;:.~~~ ~~.t, ~ U~;~,s~7 ~,;~~~ 1 .,sue .Y f1~/~, ~. ~~;A On this -tday of ~ t„~ ~-- , 2013, befare me, the undersigned, a Notazy Public in and for said State, personail py as peaz•ed Tammy de Weerd and Jaycee L. Halmarz, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idal~zo, and v/ha 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) `I~,~OTARY PU~f,IC Residing at: Commission Expires: Mulberry Subdivision Sanitary Sewer and Water Main Easement-Settlers Park, LLC March 1, 2013 ~~SCRIP~'~~~V FC~R Nf~RI~IAN SEV1f~R ANA i1VA~'ER ~AS~NlENT ~Rt)~'OS~i] fVlE~L~3~RRl( ~U~DIV~~14~t An easement located in the South ~lz of Section 36, T.4N., R.1 W., B.M., Meridian, Ada County, Idaho, and being mare particularly described as follows: Commencing at an aluminum cap marking the Southeast corner of.said Section 36; thence slang the Easterly boundary of said Section 36 North 00°51 `23" East, 1123.94 feet; thence leaving said Easterly boundary North 89°14'45" West, 70.00 feet; thence North OQ°51'23" East, 194.22 feet to the t'C3INT QI" t~3EGINNING; Thence North 89°03'29" West, 26.47 feet; Thence South 40°49'00" West 23.43 feet; Thence North 89°19'40" West, 20.44 feet; Thence North 40°49'00" East, 31.40 feet; Thence North 89°11'00" West, 63.99 feet; ThenCG' SoLjth 44°49'04" West, 31.00 feet; Thence North 89°11'04" West, 24.04 feet; Thence North O4°49'44" East, 31.00 feet; Thence North 89°11'40" West, 136.96 feet; Thence South 00°49'40" West, 3$.00 feet; Thence North 89°11'40" West, 20.44 feet; Thence North 04°49'00" East, 29.83 feet; Thence South 16°52'52" West, 33.72 feet; Thence North 73°47'08" West, 20.00 feet; Thence North 96°52'52" East, 31.34 feet; Thence North 44°49'00" East, 19.92 feet; Thence North 44°11'00" West, 24.94 feet; Thence North 45°49'40" East, 12.85 feet; Thence North 17°01'26" West, 5.46 feet; Thence North 72°58'34" East, 20.04 feet;- 120305/22o3t35-ease. d es.docx Thence South 17°01'26" East, 27.93 feet; Thence South 00°49'00" West, 7.43 feet; Thence South 89°1 T'00" East, 4.13 feet; Thence North 00°49'(70" East, 31.00 feet; Thence South 89°19'00" East, 20.00 fee#; Thence South 00°49'00" West, 31.00 fee#; Thence South 89°41'00" East, 17.58 feet; Thence North 45°49'00" East, 35.24 feet; Thence South 89°11'00" East, 8.19 feet; Thence North 01°03'41" East, 107.05 feet; Thence South 83°05'50" East, 32.15 feet; Thence South 01°03'41" West, 99,73 feet; Thence South 44°11'00" East, 30.87 feet; Thence South 89°11'00" East, 17.36 feet; Thence North 00°49'00" East, 7.80 feet; Thence South 89°11 `00" Cast, 14.33 feet; Thence North 00°49'00" East, 23.20 feet; Thence South 89°11'00" East, 20.00 feet; Thence South QO°49'00" West, 31.00 feet; Thence South 89°11'00" East, 60.09 feet; Thence North 00°49'00" East, 31.00 feet; Thence South 89°11'00" Eas#, 20.00 feet; Thence South 00°49'00" West, 25.76 feet; Thence South 44°11'00" East, 26.6G feet; Thence South 89°03'29" East, 'i0,72 feet; Thence South 00°51'23" West, 20.00 feet to the POlf~T OE BEOfNNlNG. Said easement encompassi~~g 17,574 SF, more or less. 120306/1.20306-ease.des. docx ~Iu~m f/7 V! ~ Oo O 00 ~ cp Cj co --` CEO W C7 ~ N ~ O d co y'y m ~ ~ d ~~~~ ~~ m v°c m°O$ e ~ n~A.m ~ ~ ~n to ~ ~~ d ~I can, c°OO, at 1 ~ _~~ w~~ 1 ~ ~I a N O ~ tD O G7 I ~ rst r+7 v ~c~,J ~ O N C.t rrn/~ If! ~ ~ O !~~rt (/~ v l rn x ~~ ~~ can -' b ~~- yam, ~ ~, a. ~ ~ ~ ~ ~ ~ ®s ~~ ~~ p~ 4~°~v ~S~ ~ ~~ ~~~ N 00'51'43°E 114.22' rn LOT 2 BLOCK 16 IV ' pOO J ~ ~ d ~ 1123.~4'~ ~ ~ _ ~ w z ~ ~~ .Y W i ' ~ o o a ~ u' ~ ~ ~ z ~ ~ o ~/ 5`51 N ,~ ~~ ~~~~ L,~ ~ ~ ~ 1 r E~~ OQ''49 00 #~r°°a, Q Y}` 4.~5 OQ'49 06 W 1,~ ~~$~ y ~ ~~ !.\rs\ .~~ir . G° I E i o $ r 0 0 w CEDAR SPRINGS SUBD{V1510N NO. 2 . ~ ~ N. @~EI~iDl~4~ ROAp _._.. -.... ti UO'91'23"E 2fi50.2f' arils or s~11~c -~ MERIDIAN SEUUER & tNATER EASEMENT PROPOSED MULBERRY SU~3DlVlSlON LOCATED IN THE SE 1 f 4 C?I" 51=CTIC}~! 36 T.4N., R.1 W., 1:3.M. MERIDIAN, ADA G{}11N7Y, IDAHO Meridian City Council Meeting DATE: August 13, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Pump Station Operation and Maintenance Agreement for Meridian Ground Reservoir #2 and Booster Pump Station with Nampa & Meridian Irrigation District MEETING NOTES ~ ~PFROPED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~ I l `~ To Cl>1 k Worms ~" ~ `k"'1 ADA COUNTY 09I05113E03:18 pM her D. Rich AMOUNT .00 6 BOISE IDAHO ~~~ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII III DEPUTY Lisa Batt RECORDED-REQUEST OF 111@1~F9~9 Nampa Meridian Irrigation Disi PUMP STATION OPERATION AND MAINTENANCE AIiREEMENT FOR MERIDIAN GR(}UND RESERVOIR #2 & BOOSTER PUMP STATION 1, DEFINITIONS. In this Agreement certain words appear which have the following meaning: "Owner" means The City of Meridian, a municipal corporation, the current owner of the land to which irrigation water will be distributed by the urban irrigation system that is the subject of this Agreement. "District" means Nampa & Meridian Irrigation District. "Agreement" means this written and signed Agreement ~contract~ the Owner and Nampa & Meridian irriga#ian District have entered into for the work to be done, "Subject Property" means the real property which is covered by this Agreement and more particularly described in the attached Exhibit A. 2. STATUTORY AUTHORITY. This Agreement is made under the authority of Idaho Code ~ 43~33oA. 3, PROPERTY COVERED BY THIS AGREEMENT. This Agreement is intended for the benefit of a roximately 4 acres of real property located generally near Locust Grove and pp Victo hereafter referred to as the "Subject Property"). Owner intends to build a water tank and rY ~ PUMP STATCON OPERATION AND MAINTENANCE AGREEMENT -Page 1 r um buildin on the Subject Property. A legal description comprising the Subject Property booste p p g J is attached hereto as Exhibit "A" and incorporated herein by reference. PUMP STATION, The ump station to serve the Subject Property is located ~n 4. P ' ision. The um station or facilities are required to be updated by Owner so Tuscany Lakes Subdiv p p m station will ode uatel serve the Sub jest Property as well as all other properties served that the pu p ~ y um station. Owner will install, at its own expense, additional pumps) or facilities by the p p reasonabl necess to u date the pump station as is determined to be necessary by the water y p 'ntendent of District. Such additional pumps and/or facilities shall be done in accordance with Supers the s ecifications of the District, with prior notice, and to the satisfaction of the water p Superintendent of District. 5, OWNERSHIP OF DISTRIBUTION SYSTEM. Owner intends to own, operate, maintain im rove re air and replace the pressurized irrigation distribution system within the p ~ p boundaries of the Subject Pro erty. District owns and shall operate, maintain, repair and replace the J p um station and the distribution system up to the boundary ofthe Subject Property. Owner will then p P e res onsible for distribution of the irrigation water in its awn distribution system r~rithin the b p Subject Property, 6. IRRIGATION WATER. District shall provide irrigation water tnon-potable water rovided on a seasonable basis) to the pump station during the regular irrigation season p roximatel A ril 15 to October 15 of each year, depending on conditions and availability). The ~aPp y p ' tion waterto be rovided to the Subject Property shall be in the amount and in accordance with irr~ga P the water ri hts of the Subject Property. The connection of the Subject Property to the irrigation g ~ s stem owned b District shall be done in accordance with the specifications of the District and to y y the satisfaction of the water Superintendent of District, 7. OPERATION AND MAINTENANCE B~ NAMPA & MERIDIAN IRRYGATION DISTRICT; ASSESSMENTS FOR OPERATION ANTI MAINTENANCE. As rovided b Idaho Code Section 43w330F, the pump station and distribution lines owned by District p Y shall be o erated, maintained, repaired and replaced by District, and District may levy and collect p annual assessments a ainst the Subject Property to defray the costs and expense of the operation, g maintenance, re air and replacement of the pump station and distribution lines owned by District to p PUMP STATION OPERATION AND MAINTENANCE AGREEMENT -Page 2 ' . In the event additional lands} other than the Subj ect Property is served by the the Subs ect Propert~r ' such costs will also be levied and assessed against each tract of land served by the pump station, station and irri ation s stern owned by Nampa & Meridian Irrigation District to defray the cast pump g Y ex ense of such o eration, maintenance, repair or replacement by District. The Board of and p p Directors of District shall apportion to each tract of land a portion of the cost of operation, maintenance re air and re lacement of this irrigation system, on the basis of the ratio between the ,p p acr a in that ro ert and the total acreage in all properties served by the pump station and eag p p Y distribution lines, 8, EASEMENT. Dwner grants to District an easement over the Subject Property to District to the extent necessary for ingress and egress to operate, maintain, and repair the pump station facilities and main line owned by District to serve the Subject Property. The Easement shall continue so lon as District operates, maintains and repairs the pump station and distribution lines g to the Sub' ect Pro a .Owner shall not place any obstruction or vegetation in the easement of J p ~Y District that would hinder or impair the operation, maintenance or repair of the main line by District. 9, WATER QUALITY, Neither Owner or its successors and assigns shall make any crass-connection or tie in or allow one to exist between pipes or conduits carrying domestic water su lied b an' ublie or private water service system, and any pipes, conduits or fixtures containing pp Y Yp or carrying any used water, irriga~on water, or any water or substance from any other source whatsoever, without prior written approval of District. I0. SUPPLE~NTAL WATER. Supplemental water (water provided both before and ai~er the re alai irri ation season) may not be provided to the Subject Property. If supplemental g g water is rovided, all costs associated with supplemental water shall be a cost of operation, p maintenance, re air or replacement which shall be assessed as provided in Paragraph 7 above. Each p ro er will be assessed for supplemental water regardless of whether or not water is actually used p p tY on the property or the quantity of water used. 11. NCl LYABILITY FUR LACK OF WATER. The parties hereto acknowledge that irri ation water is not always reliable. Irrigation water nofi be available due to drought, harsh weather g conditions, governmental actions or other causes. District shall have the right to shut off the PUMP STATION OPERATION AND MAINTENANCE AGREEMENT • Page 3 ' ' ter su 1 to the Sub' ect Pro erty, or any part thereof, at any time, without notice, for irrigation wa pp y J p ' other maintenance and o erasion procedures, including but not limited to the end of repairs or any p the irri ation season. The District shall have no liability to Owner or others for any damages to, or g of lawns landsca in or the like caused from shutting off the irrigation water supply or for lack loss p g of water. 12. ENTIRE AGREEMENT. This Agreement contains the entire agreement between the parties hereto with respect to the subject matter of this Agreement, 13. GQ~VERNING LA'W'. This Agreement shall be construed under, and governed by, the laws of the State of Idaho. 14. BINDING EFFECT. This Agreement shall bind the parties hereto and their res ective heirs, ersonal representatives, successors and assigns. This agreement shall run with and p p be binding upon the Subject Property, I5. A1UTHl~RIZATIGN (~F SXGNATUI~E. Owners hereby warrant that the persons signing this Addendum has been authorized to do so by Owners. 1~. AMENDMENTS. Amendments to this Agreement shall be made only by written ins~ument executed by each of the parties hereto. IN '~IITNESS WHEREOF, the parties have hereunto caused their names to be subscribed this day of ~ _ ~, 2013, C . ERIDIAN THE CITY OF M ~ ~tr~jl::t) q L~. o"~~ 'G~s~r~ h` ~~f r V '\ /1 ~'{ l.l~v ~l ~~'"a ,j~l~I~~~~ I~~ Tammy eerd, Mayor ,~ ~~~~ E ~,, ~ w ~~ ~~ -r;, a,,ti .~ ~~~ ~ ~ ~~ ~' ~°°~~'~" NAMPA & MERIDIAN IRRIGATION DISTRICT ~ ~ ~ ~ ~~l. ~ ~ ~ ~ ~~ ~ ~, A .~~~:~ PUMP STATION OPERATION AND MAINTENANCE AGREEMENT -Page 4 STATE OF IDAHO ) ss: COUNTY OF Ada ) ' l da of ~;, 2013, before me, the undersigned, a notary public Onthis ~„ y in and for said state, personally appeared TAMMY DE wEERD and ' he Ci of Meridian, know to me to the Mayor and City Clerk of the City Mayor and City Clerk of t ty . ' ' hat executed the fare oing instrument and acknowledged to me that the City of of Mer~d~an t ~ Meridian executed the same. TN wITNESS `1`IHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. . yr4 ~ yet f'~ ,~~. ,r r•.M ~. Wn.• f h4~ 0'"'i "f4~ b» ~Ll :f '~~ V~S:~~'ll ~~ '~ $,3 ~ 4 ~' f '"' ,: ~: ti ~ s dw 'i.,a~" ~. " o~ STATE OF IDAHO County of Canyan ss; No Pub r for the Idaho I Residing at ~,5 oar ~ Idaho My commission expires: ~~~ ~ ~ . . On this ~ da of ~ <,,~~~ 2013, before rne,;the unde signed, a Notary Public in ......._._.. Y r said State ersonall a eared ~' ~'~. ~ c~ -~ ~,~~`~ and and fa p y pp ~M r ~~~~ ~ , known to me to be the president and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the fare oin instrument and acknowledged to me that such irrigation district executed the same. g g IN FITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. A ~~ 4 f ~®~ ~~~ ~~~®4 :r-~~.~ ~' +''•~ ~Otary Pub11C r ~dah0 ~~ ~`~~ Res~dm at .-~ Idaho . - ~ M Commission Ex Tres: ~ ~ ~, ,.., . ~ p~ ~ ~:; ~ ~ f ~ ~ ~ ~~ ~ Q ~~ ~~~ ~~~~ ~g~ 64~~ ~r'j~r ~~ ~~ e~~ PllMP STATION OPERATION AND MAINTENANCE AGREEMENT -Page 5 E~I~IEIT A A arcel located in the Northwest quarter of the Northwest quarter of Section 29, Township 3 North, P . Ran e 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows; g Commencing at a 5l8 inch diameter iron pin marking the southwesterly corner of the Northwest uarter of Section 29, from which a 5~8 inch diameter iron pin marking the northwesterly corner of q ~ ' 19" East a distance of 245.59 sand Northwest quarter of the Northwest quarter bears North 0 14 feet; Thence North 0 ° 14' 19" East along the westerly boundary of said Northwest quarter a distance of l b93.59 feet to the POINT aF BEGIrJP~INC~; Thence continuing North 0 ° 14' 19" East a distance of 1 b0.30 feet to a point; Thence leaving said westerly boundary South 89°34'31" East a distance of 598,42 feet to a 518 inch diameter iron pin; Thence South 0 ° 14'22" West a distance of 4, 56 feet to a 5/8 inch diameter iron pin; Thence South 18°01'22' West a distance of 4??.83 feet to a point; Thence North 5d°Od'39" West a distance of S43.5b feet to the POINT ~F BECrn~NIN~r, PUMP STATION OPERATION AND MAINTENANCE AGREEMENT -Page 6 Meridian City Council Meeting DATE: August 13, 2013 ITEM NUMBER: 4Z PROJECT NUMBER: ITEM TITLE: License Agreement with Nampa & Meridian Irrigation District to Encroach within the Easement of the Ten Mile Creek and to Discharge into the Ten Mile Creek MEETING NOTES Community Item/Presentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS l o Cl th'E' ~o~'h ~h ~ '~,oY1 ~` ~1 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 14 BOISE IDAHO 09/05/13 03:18 PM DEPUTY Lisa Batt RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIII III III Nampa Meridian irrigation Dist 11 ~ 1415 02 ACREEMENT This AGREEMENT, is made and entered into this ...~ da of ~ E ~~ ~ - .. betwe Y ..,a ~~ ~0 t 3, by and en NAMPA & MERIDIAN IRR~GATZO-N DISTRICT, an irri ation distr r' ' ' under and by virtue of the laws o ~ ct organized and existing fthe State of Idaho, hereina~er referred to as the "District" and CtT'~ GF MERIDIAN, 33 East Broadway, Meridian, Idaho 83642 hereinafter referred to as the "City", ~ITNESSETH: wHEItFAS, the. District owns the irrigation ditch known as the TEN M ' ILE DRAIN, an integral part of the irrigation and drainage wotks and s stem of th • i y e D~str~ct, together with the .easement therefor to convey rr~gation and drainage water, to operate, clean, maintain, and re air the Ten Mile ' Ten Mile Drain for those p Dram,` and to access the purposes; and, wHE~.EAS, the District operates, cleans, maintains, re airs and rotects ' benefit of District's la p p the Ten Mile Drain for the ndowriers; and, V1rHEREAS, the City owns .:the real property, articular) described ' « Descri tion" attached h • • p y zn the deed and/or Legal p ereto as Exh~b~t A anal by this reference made a part hereof• and > > wHER~AS, the Ten Mile Drain crosses and intersects the Ci 's r . • A as shown on Ex ' . ty eal property: described ~n Exh~b~t habit B, attached hereto and by this reference made a art hereof' a p nd, V~HEREAS, the City desires permission to construct a flush line f • Drain and within the Di or discharge into the Ten Mile str~ct's easement under the terms and conditions of this A eemen ' of Meridian, Ada Coun Idaho' and ~' t, within the City tY~ , Nt~'~, THEREFC3RE, for and in consideration of the remises and of th conditions hereinafter set fo p e covenants, agreements and rth, the parties agree as follows A. Scope of Agreement l . The City shall have the right to construct and maintain a flush line ' Ten Mile Drain or encroa and to discharge into the ch upon the District's easement for the Ten Mile Drain in the manner describ ' the "Purpose of Agreement" attached beret • • ~ ed to o as Exhibit C and by this reference made a part hereof. Z. Any crossing, encroachment upon or modification of the Ten Mile Drai s n and/or the D~str~ct s AGREEMENT -Page 2. Anycrossing,encroachmentuponormoditicationoftheFiveMileDrainand/ortheDistrict's easement shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. Any difference or discrepancy between the items listed in Exhibit C, "Purpose of Agreement," and any plans or drawings referenced in or attached to Exhibit D shat l be resolved in favor of Exhibit C. The City shall only be permitted to cross, encroach upon or modify the Pive Mile Drain and/or the District's casement as described in Exhibit C even if any plans or drawings referenced or attached to Exhibit D provide or show otherwise. F.ach installed facility shall be subject the conditions of this Agreement and the City shall have access to repair, maintain, or replace said facilities as needed. 3. This Agreement pertains only to the City's encroachment upon the Five Mile Drain and/or the District's easement for the purposes and in the manna described herein. The City shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easement, nor perform any construction or activity within the District's easement for the Five Mile Drain except as referred to in this Agreement without the prior written consent of the District. 4. 'L'he City recognizes and acknowledges that the permission granted by this Agreement pertains only to the rights of the District as owner of an easement. The District has no right or power to create rights in the City affecting the holder of title to the property subject to the District's easement. Any such rights affecting fee title must be acquired by the City fi•mn the holder oftitlc to the property. Should the City tail to obtain such rights from the holder oftitlc to the property or should the rights obtained prove legally ineffectual, the Cily shall indemnify, hold harmless, and del8nd the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this Agreemeut shall be of no force and effect. C. Facility Construction, Operation, Maintenance and Repair 1. The City agrees that the work performed and the materials used in any construction permitted by this Agreement shall at all times be subject to inspectimr by the District and the District's engineers, and that final acceptance of the such work shall not be made until all such work and materials shall have bceu expressly approved by the District. Such approval by the Disttict shall not be unreasonably withheld. 2. Each facility ("facility" as used in this Agreement means any object or thing installed by the City on, over or in the vicinity ofthe District's easement) shall be constructed, installed, operated, maintained, and repaired at all times by the City at the cost and expense of the City. 3. The City agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation or drainage water in the Five Mile Drain or the District's delivery of irrigation water; c. an increase in seepage or any other increase in the loss of water from the ditch; d. the subsidence of soil within or adjacent to the easement; e. an interference with the District's use of its easement [o access, operate, clean, maintain, and repair the Five Mile Drain; f. any other damage to the llish•ict's easement and irrigation or drainage works. 4. The City agrees to indemnity, hold harmless, and defend the District from all claims for damages arising out of any of the City's construction or activity which constitutes or causes any of the AGREEMENT -Page 2 circumstances enumerated in the preceding paragraph, 3.a. through 3.£, or any other damage to the easement and irrigation works which may be caused by the construction, installation, operation, maintenance, repair, and any use or condition of any facility. 5. The City shall, upon demand of the District, remove any facility or repair any alteration of the District's easement which interferes with the District's operation and maintenance ofthe Five Mile Drain, or causes or contributes to any ofthe circumstances enumerated in the preceding paragraph, 3.a. through 3.f. 7'he District shall give reasonable notice to the City, and shall allow the City a reasonable period of time to perform such maintenance, repair, and other work, except that in cases of emergency the District shall attempt to give such notice as is reasonable under the circumstances. The City shall respond within 24 hours to begin repair or remediate any interference with the District's operation and maintenance of the Five Mile Drain. The District reserves the right to perform any and all work which the City fails or refuses to perform within a reasonable period of time after demand by the District. All work performed shall be performed in manner required by Idaho law, including but not limited to the use of licensed public works contractors and engineers and the performance standards as required by law and ordinance. The City agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. Nothing iu this paragraph shall create or support any claim of any kind by the City or any third paiTy against the District for failure to exercise the options stated in this paragraph, and the City shall indemnify, hold harmless and defend the District from any claims made against the District arising ou[ of or relating to the teams of this paragraph, except for claims arising from any work which unreasonably exposes the District's employees and agents to the risk of harm from electric power lines, or arising solely out of the negligence or fault of the District. D. District's Rights Are Paramount 1. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation or drainage works and system of the District by this Agreement, nor to grant any rights in its irrigation or drainage works and system incompatible with the uses to which such irrigation or drainage works and system are devoted and dedicated and that this Agreement shall be a[ all times construed according to such principles. 2. Nothing herein contained shall be construed to impair the Five Mile Drain m• the District's easement, and all construction and use of the District's easement by the City and the permission herein provided therefor shall remain inferior and subservient to the rights of the District to the use ofthe Five Mile Drain for the transmission and delivery of irrigation water or transmission of drainage water. 3. The City agrees that the District shall not be liable for any damages which shall occur to any facility in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of the Five Mile Drain. 4. [n the event of the failure, refusal or neglect of the City to comply with all of the terms and conditions of this Agreement, the permission granted to the City under the terms hereof may be terminated by the District, and any facility, structure, plant, or any other improvement in or over the ditch, and the right ofway therefor, which may unreasonably and materially interfere with the maintenance and operation ofsuch Five Mile Drain by the District with its equipment for the maintenance of the Five Mile Drain shall be promptly removed by the upon demand of the District. L. Applicable Law and Jurisdiction Unaffected. I. Neither the terms of this Agreement, the permission granted by the District to the Cily, the AGREEMENT -Page 3 City's activity which is the subject of this Agreement, nor the parties exercise of any rights or performance of any obligations of this Agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state, or other agency or official to the District's ownership, operation, and maintenance of its ditches, drains, irrigation works and facilities which did not apply to the UistricPs operations and activities prior to and without execution of this Agreement. 2. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this Agreement or the City's activity authorized hereunder, City shall indemnify, hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction and the City shall cease the activity and remove the facility which subjects the District to such requirements. P'. Indemnification and Hold Harmless I, In addition to all other indemnification provisions herein, City further agrees to indemnify, hold harmless and defend the District from any injury, damages, claim, lien, cost and/or expense (including reasonable attorney's fees) incurred by, or asserted against, the District by reason of the negligent acts or omissions of City or its agents, conh•actors or subcontractors in performing the construction and activities authorized by this Agreement. G. Fees and Costs I. The City agrees to pay to the District fees and costs incurred by the District for work necessary to prepare this Agreement. The amount shall not exceed $500.00 without the additional consent of the City. 2. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this Agreement, whether by institution of suit or not the prevailing party in case suit is instituted, shall be entitled to reimbwsement for its costs and reasonable attorney fees from the other party. H. Miscellaneous t. No Claims Created. Nothing in this Agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the City or any third party against the District. 2. Assi ng ment. Neither this Agreement nor any agreement entered pursuant to this Agreement may be assigned or transferred without the prior written approval of the Parties, which approval shall not be unreasonably withheld. 3. Amendment and Modification. Any amendment or modification of this Agreement must be in writing and signed by all parties to be enforceable. 4. Interpretation. This Agreement shall be interpreted and enforced in accordance with the laws of the State of Idaho. This Agreement is not intended for the benefit of any third party and is not enforceable by any third party. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this Agreement shall remain in full force artd effect. "The parties represent and warrant to each other that they each have authority to enter this Agreement. The catchlines or section headings herein set forth are provided only for the convenience of the AGREEMENT -Page 4 parties in locating various provisions of this Agreement, and are not intended to be aids in interpretation of any provision of this Agreement with respect to which the parties might disagree at some future time, and shall not be considered in any way in interpreting or cons#ruing any provision of the Agreement. 5. BindnsEffect. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, the easements} of the City described herein, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. b. Notices, Any and ail notices, demands, consents and approvals required pursuant to this Agreement shall be delivered to the parties as follows: Nampa & Meridian Irrigation District City of Meridian 5525 East Greenhurst 33 E. Broadway Nampa, ID 8368b Meridian, Idaho 83442 Notices shall be deemed to have been delivered upon hand deposit in the United States mail as provided above. 7. Counterparts. This Agreement may be executed and delivered in counterparts, each of which shall be deemed to be an original and all of which shall constitute one and the same instrument. IN WITNES S wHEREI~F, the District has hereunto caused its Warne to be subscribed by its officers f rst hereunto duly authorized by resolution of its Board of Directors and the City has caused its corporate name to be subscribed by its duly authorized officer, all as of the day and year herein first above written. NAMPA & MERIDIAN IRItIGATI4N DISTRICT OFFICIAL °z '~~~~~1 ,,~ ATTEST: ~~~~~~-_ Its Secretary By _~. Its President CITE' OF MERIDIAN Its Mayor AGREEMENT -Page 5 ATTEST: County of Canyon ss: an this .J da of ~ ,_ ~ y ~-2013, before me, the undersigned, a Notary Public in .r.r..~r~ ~ ~ r and for said State, personally appeared Gr am Paterson and Darer boon, known to me to be the President and Secre , res ectively, of NAM~A & MERIDIAN IRRICATI(3N DISTRICT, tie irrigation district that tart p executed the foregoing instrument and acknowledged to `me that such irrigation district executed the same. 1N'~VITNI~SS'~IHEREt~F, I have hereunto set my hand and affixed my o~cial seal, the day and year in this certificate first abov~,~,. ~, Q~ ~ ~ ~Jr'~ ®~~~ ' ~ ' ®~ ~ , . ~ ~~ ~%' e. ».. .. .. Jew"' '"~ ~ ~ ,.. . ~~ ~~ a Notary Public far Idaho ® ~~ o : Res~d~n at .~~~ Idaho ~ b g ~ C ~ ~ 4 My Comm~ss~on Expires. ... ~~o ~ ~~ ~ i ~~ ~~ R ~® ~ :P STATE OF IDAHD } '~~~a~ . ~`'AT ,~;~~~~~' ~~~~'~i~1~~1® } ss. County of Ada } 4n this 1 ~ day of ~ ~ ~ ~~~;,~;, 2413, before me, the undersigned, a notary public in and for said state, personally. appeared . and _ ~ ~ lc~own to nee to be the,, ~ ~ anc~ C 1~ of the CI'IJ'~' +DF MERiDIA~, the entity that executed the foregoing instrument, and acknowledged to me that such entity: executed the same. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my:official seal, the day and year in this certificate first above written. rw` s" /~ Y d ~,. i ~ '~,.. yr% .K. ~' 6''i ~' s ~ ~ r? Gy ¢' a' I.ky "} ., ~ ,. 1. w . ~ w., ~ei. ~~ t ~4 ~: ~? j, s s :~ 1 ~~ '~ ~ "~ g ~ ,~a ~~, ~^ rw{ ~AR „N ' ~ ~ a{u fY~ ~ a' ~e ~' ti w ~~3 $u;G ~w ~.;v' AGREEMENT -Page 6 f No Public for ~ Residing at My Commission Expires:.... ~ ~/ ! STATE C3F IDAHO ATTEST: Its City Clerk STATE OF IDAHO ) ss: County of Canyon ) On this day of , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared Graham Paterson and Daren Coon, known to me to be the President and Secretary, respectively, ofNAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation dish•ict that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS W HEREOF,1 have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at ,Idaho My Commission Expires: STATE OF IDAHO ) ss. County of Ada ) On thisday of , 2013, before me, the undersigned, a notary public in and for said state, personally appeared and known to me to be the and of the CITY OF MERIDIAN, the entity that executed the foregoing instrument, and acknowledged to me that such entity executed the same. IN WITNESS W HEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this ce~1ificate first above written. Notary Public for Residing at _ My Commission Expires: AGREEMENT -Page 6 i ~~IIF ~S'l' WARRANTY DEED k'OR VALUE RECEIVED, HEBER J. 5PENCER, a widower, the Grantor, does hereby grant, bargain, sell and convey unto the CITY OF MERIDIAN, a municipal corporation, 728 Meridian Street, Meridian, Idaho 83642, the Grantee, the following described premises, to-wit: A parcel of land lying in the SE 1/4 of Section 34, T. 4N., R. 1W., B.M., Ada COUnty, Tdaho, and more particularly described as Follows: Beginning at the Southeast corner c£ the said 5E 1/4 of Sec. 34; thence North 0°53'14" East 1,107.89 feet along the Easterly boundary of the said SE 1/4 of Section 34, which is also the centerline of Ten Mile Road, to a point on the centerline of Fivemile Creek, also said point being the REAL POINT OF BEGINNING; thence continuing North 0°53'14" East 100.88 feet along the said Easterly boundary of the SE 1/4 of Section 34 to a point on the centerline of Cresson Lateral; thence North 48°43'20" Wast 199.25 feet along the said centerline of Creason Lateral to a point of curve; thence Northwesterly along the said centerline of Creason Lateral along a curve to the left 57.46 feet, said curve having a central angle of 10°47'40", a radius o£ 305.00 feet, tangents of 28.82 feet, and a long chord of 57.38 feet bearing North 54°07' 10" West to a point of tangent; thence North 59°31'00" West 41.06 feet along the said centerline of Creason Lateral to a point of curve; thence Northwesterly along the said centerline of Creason Lateral along a curve to the left 167.00 feet, said curve having a central angle of 31°10'00", a radius of 307.00 feet, tangents of 85.62 feet and a long chord of 164.94 feet bearing North 75° 06'00" West to a point or reverse curve; thence continuing North- westerly along the said centerline of Creason Lateral along a curve to the right 107.40 feat, said curve having a central angle of 10°08'00", a radius of 607.25 feet, tangents of 53.64 fast and a long chord of 107.26 feet bearing North 85°37'00" West to a point of tangent; thence North 80°33'00" West 141.23 feet along the said centerline of Creason Lateral to a point of curve; thence Northwesterly along the said centerline of Creason Lateral along a curve to the right 39.74 feet, said curve having a central angle of 34°30'00", a radius of 66.00 feet, tangents of 20.49 feet and a long chord of 39.14 feet bearing North 63°18'00" West to a point of tangent; thence North 46°03'00" West 96.38 feet along the said centerline of Creason Lateral to a point of curve; thence North- westerly along the said centerline of Creason Lateral along a curve t0 the left 57.08 feet, said curve having a central angle of 19°28'00", a radius of 168.00 feet, tangents of 28.82 feet and a long chord of 56.81 feet bearing North 55°47'00" West to a point of tangent; thence North 65°31'00" West 115.81 feet along the said centerline of Cresson Lateral to a point of curve; thence Northwesterly along the said centerline of Creason Lateral along Exhibit A, page 1 Northwesterly along the said centerline of Creason Lateral along a curve to the left 70.57 feet, said curve having a central angle of 15°44'00", a radius of 257,00 feet, tangents of 35.51 feet and a long chord of 70.35 feet bearing North 59°02'00" West to a point of tangent; thence North 66°54'00" West 146.38 fret along the said centerline of Creason Lateral to a point of curve; thence Northwesterly al.nng the said centerline of Creason Lateral along a cuxve to the right 34.62 feet, said curve having a central angle of 2l°06'00", a radius of 94.00 feet, tangents of 17.51 feet and a long chord of 34.42 feet bearing North 56°21'00" West to a point of tangent; thenoe North 45°48'00" West 125,65 feet along the said centerline of Creason Lateral to a point Of cures; thence North- westerly along the said centerline of Creason Lateral along a curve to the right 114,76 feet, said cuxve having a central angle of 37°18'00", a radius of 176.28 feet, tangsnts of 59.50 feet and a long chord of 112.74 feet bearing North 27°09'00" Wsst to a point of reverse curve; thence Northwesterly along the said centerline of Creason Lateral along a curve to the left 145.77 feet, said curve having a central angle of 46°24'00", a radius of 180.00 felt, tangents of 77.15 feet and a long chord of 141.82 feet bearing North 31°42'00" West to a point of tangent; thence North 54°54'00" west 98.65 feet along the said center- line of Creason Lateral to a point of cuxve; thence Northwesterly along the said centerline of Creason Lateral along a curve to the right 31,65 feat, said curve having a central angle of 11°20'00", a radius of 160.00 feet, tangsnts of 15.88 feet and a long chord of 31.60 fret bsaxing North 49°14'00" West to a point of tangent; thence North 43°34'00" West 154.36 Eeet along the said centerline of Creason Lateral to a point of curve; thence Northwesterly along the said centerline of Creason Lateral along a curve to the left 143.46 feet, said curve havinq a central angle of 14°36'00", a radius of 563.00 feet, tangents of 72.12 feet and a long chord of 143.07 feet bsaxing North 50°52'00" West to a point of tangent; thence North. 58°10'00" west 138.17 feat along the said centerline of Creason Lateral to a point of curve; thence Northwesterly along the said centerline of Creason Lateral along a curve to the right 28.43 feet, said curve having a central angle of 40°A3'00", a radius of 40.00 feet, tangents of 19.89 feet and a long chord of 27.83 feet bearing North 37°48'30" West to a point of tangent; thence North 17°27'OD" west 137.18 feet along the said centexline of Creason Lateral to a point on the Northerly boundary of the said 5E 1/4 of Section 34; thence North $9°16'09" West 650.10 feet along the said Northerly bqundaxy of the 5E 1/4 of Section 39 to a point marking the Northwest corner of the said SE 1/4 of Section 34; thence South 0°46'49" West 1,347.70 feet along the Westerly boundary of the said SE 1/9 of Section 34 to a point on the said centerline of Fivemils Creek; thence South 89°04'20" East 433.18 feet along the said centerline of T'idemile Creek to a point of curve; thence Southeasterly along the said centerlins of Fivemils Creek along a curve to the right 98.69 felt, said curve havinq a central angle of 16°46'20", a radius of 337.00 feet, tangents of 49.68 feet, and a long chord of 96.30 felt bearing South 80°41'10" East to a point of tangent; thence South 72°18' 00" East 182.16 feet along the said centerlins of Fivemils Creek to a point of curve; thence Southeasterly along the said center- . ~ -. .. _ . . _ ________. a_ ~n.~ t~CI. 110 A11 F..e4 cajA Exhibit A, page 2 curve having a central angle of 29°50'50", a radius of 229.00 feet, tangents of 50.45 feet, and a long chord of 98.53 feet bear- ing North 80°35'25" East to a point of tangent; thence North 68°10'00" East 147.95 feet along the said centerline of Fivemile Creek to a point of curve; thence Northeasterly along the said centerline of Fivemile Creek along a curve to the right 53.16 feet, said curve having a central angle of 21°18'00", a radius of 193.00 feet, tangents of 26.89 feet,. and a long chard of 52.86 feet bearing North 79°49'00" East to a point of tangent; thence North 89°28'00" East 360.99 feet along the said centerline of Fivemile Creek to a point of curve; thence Southeasterly along the said centerline of Fivemile Creek along a curve to the right 42.03 feet, said curve having a central angle of 37°03'00", a radius of 65.00 feet, tangents of 21.78 feet, and a long chord of 41,30 feet bearing South 72°00'30" East to a point of tangent; thence South 53°29'00" East 243.60 feet along the said centerline of Fivemile Creek to the point of beginning. Together with all water, water rights, ditches and ditch rights of way appurtenant thereto or connected therewith. This conveyance includes all oil, gas and mineral rights and all of the Grantor's right, title and intereat under that Lease dated August 20, 1973 between H, J, Spencer and Standard Oil Company of California, recorded under recorder's fee no. 868393, records of Ada Ceunty, Idaho. T.0 HAVE AND TO HOLD the said premises, with their appurtenances unto the said Grantee, its successors and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee, that he is the owner in fee simple of said premises; that said premises are free from all encumbrances, and that he will warrant and defend the same from all lawful claims whatsoever, DATED September /~_, 1975. /.- ' Exhibit A, page 3 fire 11~e R~~, : ~~ ~ ` i. . 1 ~,~ r '~.~i. !~ ~~ i'~ .. y +: ~.q. . t t. - ~ ~ ~" t.- ~.~~. N'-- Drain in SEII~ in S,3a T,a~'„ RJII'„ B,11„ 1d~ Counh', Idal~ ~xhiba.t B EXHIBIT C Purpose of Agreement T'he purpose of this Agreement is to permit the City to construct, operate, and maintain: I. a lower sampling station, including a removable bridge deck structure and footings across the Five Mile Drain and within the District's easement; and 2. an upper sampling statiar, including pre-existing removable deck sampling bridge across a pre-existing flume across the Five Mile Drain and within the District's easement, all within Licensee's real property, City of Meridian Waste Water'1'reatment Plant, located northwest of the intersection of Ustick Road and Ten Mile Road in Meridian, Ada County, Idaho. EXHIBIT D Special Conditions a. the construction described in Exhibit C shall be in performed in accordance with Exhibit D-l, attached hereto and by this reference incorporated herein. b. Licensee shall notify the District prior to and immediately after consU uction so that he or the DisUrict's engineer's may inspect and approve the conshuction. c. The City represents that City has complied with all federal, state or other laws, rules, regulations, directives or other requirements in any form regarding environmental matters, and specifically those relating to pollution control and water quality, as may be applicable under the subject matter, terms or performance of this agreement broadly construed. The City recognizes its continuing duty to comply with all such requirements that now exist or that may be implemented or imposed in the future. By executing this agreement the District assumes no responsibility or liability for any impact upon or degradation of water quality or the environment resulting from the discharge or other activity by the City which is [he subject of this agreement. d. The City hereby indemnifies, holds harmless and shall defend the District from any and all penalties, sanctions, directives, claims or any action taken or requirement imposed by any party or entity, public or private, with respect to environmental matters relating to the subject matter, terms m' performance of this agreement unless the District shall be solely responsible for the condition or activity which gives rise to any such penalty, sanction, directive, claim ,action or requirement. e. In the event the District is required by any governmental authority to acquire or comply with any permit or other operational requirements associated with the City's discharge and other activity which is the subject ofthis agreement, the City shall indemnify, hold harmless and defend the District from all costs and liabilities associated with such permit and other requirements, including but not limited to all costs associated with all permit acquisition, construction, monitoring, treatment, administrative, filing and other requirements. f. The parties to this agreement recognize that this agreement is an accommodation to the City. The District by this agreement does not assume, create, or exercise legal or other authority, either express or implied, to regulate control, or prohibit the discharge or contribution of pollutants or contaminants to the District's facilities or to any groundwater, waters of the State of Idaho or the United States, or any other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental environmental agencies. AGREEMENT -Page 7 g. Construction ofthe sampling stations within the District's easement shall be completed one year from the date of this agreement. Time is of the essence. AGREEMENT -Page 8 ~£ r. - -~ ~ ~ ~ ~ ca ~~ ~ a 'sd 2 ~ : f_ rc~ ° " 00 m ~ oo o ,a a -~ ~ dz 1 I I o ~ ~ s J ~' ` Ido l I L ° a~.. ~~ I ba§ z I 1 k Q k W W If j- 0 2 FWQ u9 ~ ~ g~J ~} wera 4 d~w i ow r 3 1 a3 I I I 1 h~ a ~' P. o -~ o Q p LL0 3"w E,.d ~ RO ~ I I I Q O0 ® ~ ~ E -x ' k Ca ~ 0 3\ ~jJ ® ~CD~ w ~ A' I I I I 1 I o . . < ~ j 0 ~ ]~ g ~ ~~ O~~ ? ~~ i L r ~ ~o 01~L ~a ~ I I I o J 2 H 6 I I I ~ o r 1 1 1 I _ ~ I ( _ e w qtr ~~ ~ _ p ~3~`} I I I 4'a I - 4 0:4, o ourc' € ~1 1 I ~4 zo goY z l I g~ ~ ° ~ n 1 ) 1 I I 3Xg ~ z3 i~ P ~d ~...~.~...__ x ~ 1 1 h Q ~ y _ ' m. - ~ ~ ~b gg ~ 6 T E ~ ~ X ~ ~ ~ ~ ~ ~ l ~- 4 - G ~~ _ ~ ~g `w r o g ° a c o _ x 9 1 1 I i X i _ a ~ omd -~ - ~ ~ ~ ~ w 1°s ~~ ~zm~ ~ a o m ~ z p^ ~ ~ j ~ v yyy WF b Sw ti • ~ ~ ~ e ~ e s~ '<„ ~ ~~ ~ - } ~~6 I ~~3 ~ m £m~ ~ ~ ~~ N Z ~~~ L ~ ~ $ G~~ i - ~ I 5 a < ~ -. ~ - ~ ~ ~ ~ 'uo~x w.n w+ wilrroril-[eu'w m~:.ls w xx<[~~[~ :w u k[[1[1\rawaeA rnam ti lugm\n rlw Exhibit D-1, page 1 E. zw ~ o 3a N g~ ~ ~ ~" $ ~j z g< ~ °~ ~ ~ ~~ s ~ s ~~?~'< ~~ ~ bF ~ a3 ~'" ~ e x o w~~~ ~~ ~ ~~ Y ~ ~ S. _~ Y ~a~=°c s ~ wG ~ n ~ ~ _ ,~ . .~ ., ,- w a ~~ i _~--®-- ~ °~ ~ ~. a ~o i I ~ ~w ~~~ ~~ i \~ ~ i . l ~ %l1 I l i; l;~ ao ~~~ u o a~ ~ `~ ~ ~~m~LL~ ~~; '~~ s ~ L../ ~ ~ . ~ _ ~ i. ~ / w ~,; ~ ~ s ~~~ mi//l' ~I I j 1 i ~" / /~.I / , ~.. ^ ~~~ / ~ / ~'1~'/ ~ ~~~/ r ~ ~ i f / /, -1-} i ~ i ~~ ~ ~ , i~~ ~ , a / ~`- ';', ,1 ~~!j' ~i f~~ 'l, r ~ ~ i, ,.;;. ,~y~~„ ~~ - / ~,,i' ,~ Z O H U t- Z O U K O LL Z Exhibit D-1, page 2 C 2 1 Bn ~~ ~ $ g ~~~ `~ 5 $~~ ~ o LL~ ~ ~ ° y4 3e ~~ d3 ~ ~~ € g ~ 4 aLL ~s~a w:h ~sG 5 ~w 1a r,= a~ o&=`~Y wed '~~ ~ '~ ¢e$~ ~~ .~'~. a~ r ooh ~~ & ~ ~~ ~°g ~,e~ ~E~~~~ rII og~ »a as ~ o~ yy 'g odd .~~p~~ ~ ~y o. ~w z~W~ ~a ~~goFg ~ W 8~, sd u ~3#$@@°~ ~S g3 w~5y y u~<ee '" 4 u ~~8 H~ a. ~=3 ~F~' ~m~`2 ~ig ~av ~ ~~a ~~ia ~z x5 " 0 0 O O O O '~ a a z ~8 ~¢ ~~~~ ~~ O O O O j ~ 5 < 9p P =3 =§ g u ~~m ~~ ~~~ ~ v ~~~ °a~ 8~~ ~ VFY O~LL~ r b ~ ~~~ '~' ~ ~w a Y~C. o O F- Z ~ w Z 0 13L (M ~ 4 .+~+-+~n m~wY+s z~im eum ago yn ~~Nr.yf vt+a ane..v.iw~V V'w~Nm 'u~i~d vya Exhibit D-1, page 3 Meridian City Council Meeting DATE: Augusf 13, 2013 ITEM NUMBER: 4AA PROJECT NUMBER: ITEM TITLE: Agreement for Use of Kleiner Park for Barley Brothers Traveling Beer Show Special Event MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes (~ ~~-_ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: August 13, 2013 ITEM NUMBER: $B PROJECT NUMBER: ITEM TITLE: Mayor's Office: Community Liaison Update MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~E IDIAN:--~- r~cr[d(D« ~ ~ MC1d Dr'S ~'OUth ~ SDY~ CD U~~~~.~.,^p,^~y/`,5)~1 C J w~' AUK 1 3 2013 CI f Y OFC~t MYAC 202-73 Year in Re~~`~~KS As MYAC is broken into three focal areas, here are the highlights of each: Government Affairs: Legislative Breakfast -Held at Rick's Pressroom, MYAC Youth asked Merid- ian specific legislators to expand funding for the Idaho Suicide Prevention Hotline beyond two years STAND Event -MYAC utilized grant funds to rent out the entire Bowling Al- ley at Big Al's and invited 400 of their peers to free bowling while anti- nicotine ads were displayed on the large screens. Pledges were signed by at- tendees asking state legislators to fund nicotine prevention efforts. Suicide Prevention PSA -The group shot a one minute anti-suicide PSA. Highly touted by the Idaho Suicide Prevention Hotline, the video was sent to every police chief in Idaho. Youth Lobby Day -The youth assisted the American Heart Association in ask- ing legislators to utilize millennium funds for prevention of nicotine vs. ces- sation. Police Chiefs Training Program -The youth attended a one day seminar hear- ing from several Idaho police chiefs on various leadership styles and topics. Association of Idaho Cities Conference -MYAC members attended the three day conference of state leaders to discuss best practices and lend the youth perspectives on issues facing Idaho. Anti-legalization of Marijuana Testimony at State House -MYAC members drafted a letter stating their anti-legalization of Marijuana stance and gave testimony in support thereof. Meridian State of the City -MYAC members assisted in the production and execution of the Mayor's annual address. MtrCdCaw E IDIAN.--~- ~- ~'' ~~.• ~ ~ ~~ Maaor's ~'outh AdvCsorb Couwc!l MYAC 2012-73 Year in Review Community Service: Rake Up Meridian -MYAC members raked up three Meridian homes during the annual day of service. Healthy You Event -MYAC members volunteered their time at an event pro- moting St. Alphonsus' mobile mammography unit. Ben's Bells Project -MYAC members constructed wind chimes with bells serving as kindness reminders. The bells were then sent to Newton, Ct. as a healing offering. I Heart Treasure Valley Day of Service- MYAC members constructed more Ben's Bells ,promoted the event, then heard anti-bullying messaging from Nick Vulicic, a man born with no extremities. `It Can Wait' Anti-Texting Event -Held at a Roclcy Mountain football game, this anti-texting while driving event featured MYAC members promoting a distracted driving simulator and gaining more than 1000 pledges to drive without distractions from their peers. `Celebrate My Drive' Anti-Texting Event - A street fair of resources for youth to stay safe behind the wheel, MYAC members shot anti-texting PSA that were showcased in youth safety events throughout the year. Community Block Party -MYAC members volunteered their time to work various booths throughout the day at the annual City of Meridian end of sum- mer celebration. `Red Out' Red Robin Fundraiser -MYAC members joined Mayor Tammy to serve guests at the Meridian Red Robin to raise funds for the American Heart Association. • nttr4d6a~, E IDIAN:--- ~`~ ~ ~° ~~~~ Maaor's `youth RdVLsora CouKnCl MYAC 2012-73 Year in Review Teen Activities: Ignite Youth - a competition of personal ideas via PowerPoint, MYAC invited teens from all over the Treasure Valley to participate. Halloween at Farmstead -The MYAC youth enj oyed a night at the communi- ty corn maze. Mad City Money -MYAC youth members emulated real world financial sce- narios while simulating adult life in this annual crowd favorite event. Steelheads Game - Taking a break from school and other teen rigors of life, the youth enjoy a Steelheads game every year. Ice Skating-MYAC members enjoy an evening of Ice skating each winter. Christmas Fiesta Potluck/White Elephant Gift Exchange -MYAC celebrat- ed Christmas this year by dining on a Mexican food potluck and sharing white elephant gifts. Ball at the Hall -The MYAC end of year celebration raised funds for bens; Bells. The `prom for parents' was a smashing success enjoyed by the youth, their families and guests. The event raised nearly $4000.00 for the local char- ity. Meridian City Council Meeting DATE: August 13, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Human Resources/Legal Department: Mayor and City Council Compensation Report MEETING NOTES 3,~/1 ~ ~~ U Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~E IDIAN~ Date: July 22, 2013 To: Mayor and City Council From: Mayor and City Council Compensation Committee Bill Nary, City Attorney/HR Director Re: Report for 2013 Pursuant to Meridian City Code 1-6-5 (C} and 1-7-9 (C) a committee of citizens was foi7ned and approved by the City Council to review compensation of the City's elected officials for the next two years as required by Idaho Code 50-203. The Committee was comprised of Bill Nary, the City Attoiiiey/Human Resources Director; Christine Donnell, a former Meridian City Council member; Treg Beret, a current Parks and Recreation Commission member; Clint Shiflet, an Executive with a local Meridian business; Chris Klein, a local businessman with Edward Jones Investments, Anne Little- Roberts, the President of the Meridian Chamber of Commerce; John Berg, local Meridian resident, and Bill Bach, a local Meridian businessman. The Committee met on two occasions (July 15 and 22, 2013) to discuss the compensation for the City's elected officials. The Committee reviewed a report prepared by the Association of Idaho Cities (AIC) ;the current pay and benefits received by the elected officials; past history and changes implemented ovet• the last 4 election cycles; and methodology and philosophy of compensation methods. The committee vigorously discussed a variable compensation program for the Mayor as part of change in focus and trying to place a greater emphasis on effort that is above and beyond the expectations of the position. The Committee discussed reconnnending that a public standing committee be established to develop a compensation program for elected officials considering performance, effort, longevity, "market rate", methods of increasing compensation, and methods to consider future changes to compensation. Finally, the Committee considered raising the compensation of City Councilmembers, but removing them from the City's benefits package. The Committee considered that in a desire to create greater transpaeency to the public that "total compensation" for Councilmembers should include benefits as part of the compensation package. The Committee considered that their compensation could be increased, but Council members would pay the full costs of receiving City health benefits. In the alternative, Council members could seek health benefits from other sources with the additional compensation. An example was discussed as a total compensation of $15,000 per member, of which health insurance would be deducted at the city employee cost strucnu•e, independent of each individual's family situation. In some instances this would increase net compensation to individuals not relying heavily on the city for health insurance benefits. Of concern would be any negative net effect on current members. It was the intention of the committee to fairly compensate each member in a fair, transparent, and equal manner. Due to the upcoming changes to health benefits by the Affordable Health Care Act, the Committee decided that this would not be an appropriate time to consider this change. Human Resources/City Attorney's Office . 33 E. Broadway Avenue, Suite 308, Meridian, ID 83642 Phone 208-898-5506 . Fax 208-884-8723 . www.meridiancity.org Compensatio~~ Committee Repoa•t July 22, 2013 Page 2 After due consideration the Committee makes the following recommendation to the City Council for elected official's compensation for 2014 and 2015: o Licrease the Mayor's salary to $80,000 in 2014 and then to $82,500 in 2015; and o Increase the Councilznember's salary to $9500 in 2014 and then to $10,000 in 2015; and o Elected officials shall still continue to receive benefits in the same amount that they currently receive; and o The Committee recoxnxnends that a standing Citizen's conur~ittee of a make-up similar to the cturent compensation eoirnnittee be established to study a long term compensation method or program for the Mayor and City Council foz• future years. Many of the Committee members agreed to participate on this committee if requested. The basis for the recommend increase to the Mayor and City Council salaries was based upon a review of the Consumer Price Index since 2010. The increases were consistent with the rise in the index over that period and no increase being provided to the elected officials during that tune period. Additionally, the Committee recognized the efforts and sacrifice of time that is necessary for the performance of these positions and felt that the increases was fair and reasonable based upon the efforts and commitment that has been shown by the elected officials within our Community. Human Resources/City Attorney's Office . 33 E. Broadway Avenue, Suite 30$, Meridian, 1D 83642 Phone 208-898-5505 . Pax 208-884-8723 . www.rneridiancity.org Meridian City Council Meeting DATE: August 13, 2013 ITEM NUMBER: $p PROJECT NUMBER: ITEM TITLE: Human Resources/Legal Department: Ordinance No. ~3 " /J(o~ : An Ordinance Amending Title 1, Chapter 6, Section 5, Meridian City Code, regarding Compensation for the Mayor of Meridian. MEETING NOTES rS~~+rf~ `~+~V ~'i l~ ~'~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OI3' MERIDIAN ORDINANCE NO. l ~ ` ~ ~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMI3A AN ORDINANCE AMENDING TITLE 1, CHAPTER 6, SECTION S, MERIDIAN CITY CODE, REGARDING COMPENSATION FOR THE MAYOR OF MERIDIAN; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to M.C.C. 1-6-5 (C) and 1-7-9 (C} to appoint a citizen committee to review Mayor and City Council compensationz prior to each City election; and WHEREAS, the City Council did establish a committee of citizens to review and recommend any changes to compensation for the Mayor and City Cormcil positions for the calendar years of 2014 and 201 S; and WHEREAS, the Committee of citizens did meet to review and discuss the cuil•ent compensation for Mayor and City Council positions; and WHEREAS, the Committee considered the following points in mal~ing their recommendation for increased compensation for the Mayor: ~ The length of dine the Mayor's position has been full time; ® The salary and increases that have been done since it was made full time; ~ The growth of the City in the same time period and the complexity and expectations of tl~e positions; Tlie comparable salaries of Mayors and Council members in the Valley and around the State; ~ Current expectations and performance of tl~e elected officials; A strategic evaluation to move salaries to an appropriate level over amulti-year year period; ~ Pay equity in light ofthe trajectory and ga•owth of the City; The changes in the Consumer Price Index since the last increase was granted in 2010; ® The current economic condition of the City and the community. WHEREAS, the Committee discussed and debated all the listed bullet points in presenting a final consensus decision; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF TIIE CITY OF MERIDIAN, IDAHO: Section 1. That Title 1, Chapter 6, Section S, Meridian City Code is l~.ereby amended to read as follows: 2013 MAYOR COMPENSATION AMENIaMENT - 1 OF 2 1-G-5: COIVIPEI~ISATIOI`l: A. The annual compensation of tl~ze mayor shall be as follows: • > n.,i.,,.<. „~ ~o..o„~,, tt,..,,n.,,,.~ +,<,,, 1-,,,,.,a..o,t ,7„11.,,. 0711 '7!1(1 f1f11 .."....~, ..~ ...,..,,.., ~...,...,w,1., ~Y... 11{~11lilVU ~.vAAa~~l.~, o=~vv~vvj > > - > > .,.,1., ..~' ~ „f<, ~~,o tl,~,,,~.,,,.1 .1„11~,.n r~~c nun not Vuiµry ,_.rA VetJ , . 1. The mayor shall receive an increase to the annual salary on 7anuary 1, 2014, for a total annual salary of ~-e..,F,t, ~ .,, tlA„w„u1~a u~llur:, {w?C,n~~ eighty thousand dollars t$80,000.Ofl~ 2. The mayor shall receive an increase to the azuiual salary on January 1, 201 S, for a total az~ziual salary of °~<,°„*°, ~~_~ *~^„°^„~ ~^~,^ . r~~c~nnn nrt} eighty-two thousand, fzve hundred dollars V4YV11 {$82,500.00). 4. 3. Salary will be paid in equal monthly amounts. Seetian 2: That pursuant to the affirmative vote of one-half (1/2) plus one (1} of the Members of the fiFll Council, the rule requiring two {2} separate readings by title azld one {1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be iza full force and effect upon its passage, approval and publication. PASSED I3Y TIDE CITY COI71®ICIL ®F THE CITY OF MER~[DIAI\l, IDAHO, this clay of ~J~ ,~cs ~~ , 2013. APPROYEIl BY TI-IE MAY®I: ®F TIIIIa CITY OF MEI2IDIAl~, IDAHO, this day of ~~~1 A ,,~ , 2013. ATTEST: ~ ~~ ct:y oe e .~ .t _ rz I~A810 C~ R ,3J' ~ ~ City Clerk ~' ~Ff, a~'l~'f Mayor 2013 MAYOR COMPENSA'T'ION AMENDMENT - 2 OF 2 Meridian City Council Meeting DATE: August 13, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Human Resources/Legal Department: Ordinance No. /3 ' ~5~~ : An Ordinance Amending Title 1, Chapter 7, Section 9, Meridian City Code, Regarding Compensation for the City Council Members of the City of Meridian MEETING NOTES RPPROYEd Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE N®. ~~ /~.~ ~~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ~AREMBA AN ORDINANCE AMENDING TITLE 1, CHAPTER 7, SECTION 9, MERIDIAN CITY CODE, REGARDING COMPENSATION FOR THE CITY COUNCIL MEMBERS OF THE CITY OF MERIDIAN; PROVIDING FOR A iYAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to M.C.C. 1-6-5 (C) and 1-7-9 (C) to appoint a citizen committee to review Mayor and City Council compensation prior to each City election; and WHEREAS, the City Council did establish a cozx~nrittee of citizens to review and recommend any changes to compensation for the Mayor and City Council positions for the calendar years of 2010 and 2011; and WHEREAS, the Committee of citizens did meet to review and discuss the current compensation for Mayor and City Cou~acil positions; and V~IH>'/REAS, the Committee considered the follawi~2g points in making their recommendation far increased compensation for the Mayor: ® Tl-~e lack of salary increases that have been done since 2007; ~ The growth of the City in the same time period atad the complexity and expectations of the positions; ® The comparable salaries of Council members in the Valley and around the State; ® Current expectations and pez•formanee of the elected officials; A strategic evaluation to move salaries to an appropriate level over amulti-year year period; ® Pay equity in light of the firaj ectory and growth of the City; ® The changes in the Consumer Price Index since the last increase was granted in 2010; ~ The current economic condition of the City and ilae community. WHEREAS, the Committee discussed and debated all the listed bullet points in presenting a final consensus decision; and NOVV, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF TIIE CITY OF MERIDIAN, IDAHO: Section Y. That Title 1, Chapter 7, Section 9, Meridian City Code is hereby amended to read as follows: CITY COUNCIL COMPENSATION AMIINDMENT ° 14P' 2 1-7-9: COMPENSATION: A. The annual compensation of the members of the city council shall be as follows: 1. Each member of the city council shall receive an annual salary of~~•,°+~..,.,.~„n,r a~"~r~ t~a~nnn,nm~ v~~ „f:~z~~~~~~. I ~ ?nan~of nine thousand, f ve huizdred dollars ~$9,500.00~ effective Januarv 1 2014. 2. Each member of the cit council shall receive an annual salar of ten thousand dollars $10 000.00 effective Januar l 2015. 3. Salary will be paid in equal monthly amounts. Section 2: 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 ir~r full be, and the same is l~.ereby, dispensed with, and accordingly, dais Ordinance shall be in firll force and effect upon its passage, approval and publication. PASSED BY TIIF CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of ~,t,~(, t~c_.~f~- , 2013. APPRO'4rED BY THE MA'J'OR OF THE CITY OF MERIDIAN, IDAHO, this I~ `~"~'` clay of _ ~~.~ t .~_.~-.__ , 2013. .1 1 r - - ,~~~ ~Cr'~ ~-,,LAS;^~~AV~~rrrmy cie,Weerd, Mayor ATTEST: ~o~' r~~, /'" C4ty o€ City Clerk ,~ " ° touF30~ ~* C'~. i3L.l1'L, 1s'" F• CITI' COUNCIL COMI'ENSATIONAMENDMENT - 2 OI' 2 Meridian City Council Meeting DATE: August 13, 2013 ITEM NUMD~G~° -~~=~~ PROJECT NUMBER: ITEM TITLE: Community Development: Discussion of Potential Unified Development Code (UDC) Changes -Potential Code Changes Include: Fencing Requirements; Common Driveways; Development Over Irrigation Easements; and Other Miscellaneous Clean- up Items. MEETING NOTES S-~ ~ ~~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~E IDR IAN,;--- ~~ August 8, 2013 MEMORANDUM TO: Mayor Tannny de Weerd City Council Members CC: City Clerk FROM: Justin Lucas, Planning Supervisor RE: Potential Unified Development Code Text Amendments August 13, 2013 City Council Agenda Item Mayor Tarnrny de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zarernba Executive Summary Over the last several months staff has identified multiple sections of the UDC that should be considered for amendment. Some of the potential changes are relatively straight forward; while others are more complex and may have broader policy implications. Tluoug11 this workshop staff is seeping Mayor and Council direction on these potential changes prior to malting an official application to amend the UDC. Background Since the adoption of the UDC on September 15, 2005, the UDC has been amended various times to ensure it is current, comprehensible, efficient, and enforceable. As issues with the UDC are discovered staff maintains a list of potential changes. Staff then presents these proposed modifications to the Planning and Zoning Conunission and City Council on a regular basis for direction, input, and amendment. Prior to proposing any changes to the UDC Community Development Staff seeks input from various City Divisions (Police, Fire, Legal, Parks, etc.). Based on these discussions staff suirunarizes the comments and proposes changes to the UDC. Page ~ 2 The attached table contains the sections of the UDC that are being considered for modification at this time. Staff has identified a potential solution to most of the current issues with the UDC. However proposed edits are not included in the table for all of the sections being considered. Staff is seeking Mayor and Council Direction prior to px•oposing any changes in these sections. Next Based on the input received from the Council at the August 13, 2103 workshop staff will finalize the proposal and prepare an official UDC Text Amendment application. This application will be reviewed by the public, the Planning and Zoning Connmission and the City Council. Attachments: 1. UDC Text Amendment Table dated 8/5/13 Community Development Department . 33 E. Broadway Avenue, Suite 102, Meridian, ID 83842 Phone 208-884-5533 . Fax 208-888-6854 . www.meridianeity.org .-, ~ o O v +' vi ~ O 4 vi U ~` ~ ~ A N ~ ~ ~ N N ,~ 'C1 O, ~^" ^C7 4-r C c~ ° ~ ~ ~ ~ O . U c, U d1 bA ~ ry,~ ~ . ~ '" O ~ ~ ~ S1, ~ U ~ S]. 'C U U vs s., ~ • 'Cl ~~ ~ ~N~ x.tN -C +a+ ~U U bd O ~ r yr C ,N_, O ~ O O U H,~ • s. O ~ ~ N O O ,c~ ~ ~ O d vi ^ rei ~ .S'. Q" sR3, N ~ 00 ~ d ~ o ~ ~ O td O ~ ,~ ~ sv., ~ p ~ M M p (V '~ N N ~ ~ ~ ~' ^~ U r?r 'C Vi vl ~ '~+ N T ~ O `~ • ~ ~ ni "C,3 ~ 0 ~ C? 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N O ci ~ ~ a ~ U ~ O .Q ~ P'' ~ ~ a `.' ~ .d] ci 0 ~ O to yam.. ~ .Q o C~4 O- ~ ~ U ~ V ~ U ~ ~ ~ u1 ~ ~ N .~-. ~ (~4 N ~ ~ - cif ~ ~ •~ cU O cn ~ Vp1 •~ cU LO in U i ~ ~ ~ ~ 3 ~- N U .~ > L Q N U .~ > ~ Q N U .~ > N {~ ~ ~ N U _C > _ ~ N U ~ ~ ~ .Y ~ Q} (U U t ~ ~ ~ ~..._ _ a _a.._ _~ ~ ~ a ~ a ¢ N a c~ S cll tB N Q} ttf {U O d? tU .~ ,c~~a o a U U .~ .~ o a U U ~ N .v ~ ~° ~ m ~ O ~ ~ ~ '~ ~ * .~ ~ 0} '~ ~ ~ p ~, O ~ N .. .~, ~ ~ac~ O ~ pti ~ "~ " ~" ~ ~ 'ti N ~ • A ~ ~ ~ r~ ~ ~ ~ ~ ~^~ ~ N x~ 1 '~ ~.~ r U 4~i ~C Y ~ ~ ti ~ ~ ~ ~ ~ w, ~ .. 4 ~ a ~ ,~ ~ r ~ r ~ ~ o ~, ?~„ m ~ ~ ~ ~ .~' •ti ti ~ ~ ~ ~ o x Uotio ~ •~ ~q'~ ' o ~ ~ ~,~ ~ + ~ C '~ ~ O ~ ' ~ „ ~ .~ ~ r U ~ ~ ~ ~ ~ C~ ~ ~ ~ O ~ r ~ ~ ~ • ~~ . ~ ~ ~ ~ y ~ •~ ~ T ~ '~ ,~ ~ Q ~ ~ 4 ~ y '1 ~ NN N ~ ~ ~ ~ ~ O • • ~ y •~ ~ ~ Vj r~ ( ~, ~ ~ ~ V ~ ~ ~ ' ~ ~ ~ a Q U '~ ~ ~ ~ a, ~ ~ ~, o ~ ~ ~ o 4i b-0 ~ ~ ~ ~ . ~ O ~ ~ ~ ~ ~ ti ~ U .~, vim, ? ~ ~ ~ ~ ~ ~~ ° ~ ~~ ~ QU cn N m ` ` . .- ~ . i 'C '' ~ .~ , z ,~ H o~ ~. ~, ~~' ~~,~o • ;x -~ ~ ~ , Meridian City Council Meeting DATE: August 13, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Settlement Agreement in Eastern Oregon Construction vs. City of Meridian MEETING NOTES ~~~~~Ea Community Item/Presentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF CLAIMS This Settlement Agreement and Mutual Release of Claims (hereinafter referred to as the "Agreement") is entered into, effective the day of August, 2013 ("Effective Date"), by and between EASTERN OREGON CoNSTRUCTEON, LLC, an Idaho limited liability company and its affiliates, representatives, attorneys, insrrers, agents, employees, servants, successors, and assigns, and any and all persons or entities on whose behalf it has acted or who might claim rights through it (referred to collectively herein as "EOC"}, and THE CITY OF MERIDIAN, an Idaho municipal corporation, on behalf of itself and its affiliates, z•epresentatives, attorneys, insurers, agents, employees, servants, successors and assigns, including William Nary, in his personal and official capacity as counsel foz• the City of Meridian, and any and all persons or entities on whose behalf the City of Meridian has acted or who might claim rights through it (referred to collectively herein as the "CITY"}. Recitals A. EOC and the CITY are engaged in a lawsuit captioned Easter•j~ D1•egota Constrarction, LLC v. The C'rty ofMer•idrar~ cu~c~Johj~ Does I-V, Case No. CV 1019890 pending in the District Couz•t for tlae Fourth Judicial District of the State of Idaho, Ada County (the "Litigation"), which is an action arising from a contract dispute involving a construction project to build a lift station and sanitary sewer and water pipeline system located near the Bitter Creek Meadows Subdivisiozr outside of Meridian, Idaho (hereinafter referred to as "the Project"); and B. EOC and the CITY agree to settle all claims existing between them relating to the Litigation in order to avoid further litigation and expenses; and C. EOC and the CITY wish to fully and completely document the terms of that agreement and have reduced the terms of that agreement to wz•iting; anal D. EOC and the CITY, in consideration of these Recitals and the Mutual Covenants set foz-th below, agree as follows: Mutual Covenants Mutual Releases Far and in consideration of the CITY's full and complete compliance with the covenants, terms, and conditions contained in this Agreement, and for other good and valuable consideration recognized by the parties hereto, EOC does hereby fully, finally, and forever discharge, release and acquit the CITY from any and all claims, actions, causes of action, judgments, demands, liabilities, suits, damages, and liens whatsoever, and of whatsoever nature, arising, arisen, or which have arisen, from the facts giving rise to the Litigation, including any and all claims or causes of action which are alleged or which could have been alleged in the Litigation. Fol• acrd in consideration of EOC's foil and complete compliance with the covenants, terms, and conditions contained in this Agreemel~lt, and for other good and valuable SETTLEMENT AGREEMENT AND MUTUAL RELEASE DP CLAIMS - 1 64958-0002/L,F.GAi.27518235.18 consideration recognized by the parties hereto, the CITY does hereby fully, finally, and forever discharge, release and acquit EOC from any and all claims, actions, causes of action, judgments, demands, liabilities, suits, damages, and liens whatsoever, and of whatsoever nature, arising, arisen, or which have arisen, from the facts giving rise to the Litigation, including any and all claims or causes of action which are alleged or whicla could have been alleged in the Litigation. Dismissal of the Lawsuit and Attorne• s~Fees EOC hereb}r covenants and agrees to dismiss its claims against the CITY asserted in the Litigation with prejudice. In furtherance of such a dismissal, EOC and the CITY hereby authorize their respective legal counsel of record to execute and file a written stipulation of dismissal in the Litigation, in the form attached hereto as Exhibit A. Liability Contested and Denied This settlement as between EOC and the CITY and as documented by this Agreement is the settlement of disputed claims made, or which could have been made, by EOC and the CITY against each other with regard to floe Project. Nothing herein contained sha11 constitute an admission of fault or liability by either the CITY or EOC on any claim asserted or alleged, or which could have been asserted or alleged, as it relates to the Project. The parties hereto intend by this Agreement to fully, finally, and forever resolve all claims and disputes as between themselves relating to the Project. EOC and the CITY intend only to buy their respective peace and to avoid litigation. This Agreement and the consideration provided by EOC and the CITY pursuant hereto are made a-~d accepted in good faith with the understanding of the c•isks attendant to litigation. 4. Authority to Settle All Claims EOC represents and warrants that no other person or entity has or has had any interest in or lien against the claims, demands, causes of action or suits by EOC referred to in this Agreement; that EOC has the sole right and exclusive authority to execute this Agreement and receive the consideration specified herein; and EOC has not sold, assigned, transferred, conveyed or otherwise disposed of any of the claims, demands, obligations or causes of action it has made against the CITY in the Litigation. The CITY represents and warrants that no other person or entity has or has had any interest in or lien against the potential claims, demands, causes of action or suits by the CITY referred to in this Agreement; that the CITY has the sole right and exclusive authority to execute this Ag~•eement and receive the consideration specified herein; and the CITY has not sold, assigned, transferred, conveyed ar otherwise disposed of any of the potential claims, demands, obligations or causes of action it may have had against EOC in the Litigation. 5. Entae Asreement All oral and written representations, covenants, agreements and contracts discussed or entered into by EOC and the CITY or their representatives prior to this Agreement relating SETTLEMENT AGREEMENT AND MUTUAL RELEASE Off' CLAIMS - 2 64958-0002/I.EGAL275 18235.18 directly or indirectly to the transactions set forth in this Agreement are merged into and superseded by this Agreement, which constitutes the sole and entire agreement between EOC and the CITY relating to the release and settlement set forth herein. Advice and Approval of Counsel EOC and the CITY hereby aclcrzowledge and agree that they are, and have been, represented by counsel of their own choosing dzu•ing any and all negotiations which have led to this Agreement, and that they have been frilly advised concerning the effect of this Agreement, and their obligations contained in this Agreement. EOC and the CITY have asked all questions deemed necessary or desirable by them or their legal counsel in order to evaluate the terms hereof to their complete satisfaction. EOC and the CITY have read this Agreement, fully understand its contents and voluntaz•ily accept the terms of this Agz•eezxzent. Attorney Fees EOC and the CITY agree that they each are responsible far their awn attorneys' fees incurred regarding the prosecution and/or defense of the Litigation or relating to the execution of this Agreement. Enforcement Expense EOC and the CITY mutually agree and understand that EOC and/or the CITY may initiate an action against the other for breach of this Agreement or any of the obligations, promises, representations, and covenants created under this Agz•eeznent. The party hereto who is the prevailing party in any court action brought to enforce any of the provisions of this Agreement shall recover fiom the non-prevailing party or parties its reasonable costs and attorneys' fees, including all expert witness costs, incurred in ail trial and appellate proceedings in said court action. 9. Survival of Representations and Waz•z•ants EOC and the CITY hereby agree and understand that all promises, representations, and covenants made by EOC and the CITY shall survive and remain fully operative after all actions requiz•ed to be performed under this Agreement have been performed and after all documents necessary to finally settle this matter and dismiss the Litigation as between EOC and the CITY have been fully and duly signed and executed. 10. Construction . This Agreement has been drafted with the assistance of counsel for each party and shall not be construed in favoz• of, or against, any party. SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF CLAIMS - 3 G4958-0002/f .EGAi.27518235.18 11. Counterparts This Agreement may be executed in counterparts, and each such duly executed counterpart shall be of the same validity, force and effect as t11e original. 12. Signature Pages Signature pages may be transmitted by facsimile or other electronic means, such as a PDF. Upon delivery via the electronic means, a signature shall be deemed an original and shall be admissible in evidence. 13. Severability Whenever possible, each paragraph of this Agreement shall be interpreted in such mamler as to be effective and valid under applicable law, but if any provision is held to be prohibited or invalid, such provision shall be ineffective only to the extent ol~ such prohibition or invalidity, without invalidating the remainder of such provision or the other remaining provisions of the Agreement. EASTERN OREGON CONSTRUCTION, LLC, an Idaho limited liability company DATED: August , 2013 Weston Wettstein, Managing Member for Eastern Oregon Construction, LLC DATED: August , 2013 THE CITY OF MERIDIAN, an Idaho municipal corporation B~~ .~ y Mayor Ta n e Weerd For the Ci of Meridian SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF CLAIMS - 4 64958-0002/LEG A L2751823 5.18 Meridian City Council Meeting DATE: August 13, 2013 ITEM NUMBER: $H PROJECT NUMBER: ITEM TITLE: Community Development: Update on Certain Plans, Projects and Initiatives in Downtown Meridian, Including an Upcoming Demonstration Project and Roadway Cross-Section Study MEETING NOTES Community ItemlPresentations Presenter Contact Info.lNotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: August 13, 2013 ITEM NUMBER: 9 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS