The URL can be used to link to this page

2014-01-07~E IDIAN~-- CITY COUNCIL REGULAR MEETING AGENDA AMENDED AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, January 07, 2014. at 6:00 PM 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Larry Woodard with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of December 10, 2013 City Council Workshop Meeting B. Approve Minutes of December 17, 2013 City Council Meeting C. Acceptance Agreement: Display of Artwork of Tim Buckley in Initial Point Gallery from January 3 to January 31, 2014 D. Acceptance Agreement: Display of Artwork of Suzanne Chetwood in Initial Point Gallery from January 31 to February 28, 2014 E. Sewer Easement for Woodburn West Subdivision No 1 F. Meridian Food Bank CDBG PY13Sub-Recipient Agreement G. Boys and Girls Club CDBG PY13Sub-Recipient Agreement H. Power Easement with Idaho Power Company I. Water Main Easement from Mission Coast Properties J. Sewer and Water Easement for Cope Subdivision Meridian City Council Meeting Agenda -Tuesday, January 07, 2014 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. K. Sewer and Water Main Easement for The Fields at Gramercy L. Approval of Award of Bid and Agreement to Star Construction for the Water Line Replacement - NE 5th Street Project for the Not-to-Exceed Amount of $77,005.00 M. Development Agreement for Approval: MDA 12-007 Centrepointe by WH Moore Company Located West Side of N. Eagle Road and North of E. Ustick Road Request to Modify the Concept Plan and Certain Provisions Contained in the Recorded Development Agreement Approved for the Centrepointe Project N. Development Agreement for Approval: AZ 12-005 TM Crossing by Brighton Investments, LLC, Steven Smith and CRS10 Located Northeast Corner of i- 84 and S. Ten Mile Road Request for Annexation and Zoning of 89.22 Acres of Land from the RUT Zoning District to the C-G (General Retail & Service Commercial) .Zoning District O. Findings of Fact, Conclusions of Law for Approval: AZ 13-014 Victory South by City of Meridian Located South of W. Victory Road, East of S. Linder Road and West of S. Meridian Road Request: Annexation of 310.20 Acres of Land from RUT, R1, R4 and R6 in Ada County to the R-4 (Medium Low-Density Residential) (221.94 Acres) and R-8 (Medium-Density Residential) (88.14 Acres) Zoning Districts P. Findings of Fact, Conclusions of Law for Approval: AZ 13-016 Southern .Highlands Subdivision by BHH Investments I, LLC Located South Side of E. Amity Road West of S. Eagle Road and North of E. Taconic .Drive Request: Annexation and Zoning of 126.27 Acres of Land with an R-4 Zoning District Moved off of the Consent Agenda to Item 6D Q. Findings of Fact, Conclusions of Law for Approval: PP 13-033 Southern Highlands Subdivision by BHH Investments I, LLC Located South Side of E. Amity Road West of S. Eagle Road and North of E. Taconic Drive Request: Preliminary Plat Approval Consisting of 162 Residential Building Lots, Twelve (12) Common Lots, One (1) City Park Lot and One (1) Lot for Future Resubdivision on 123.45 Acres of Land in an R-4 Zoning District Moved off of the Consent Agenda to Item 6E R. Findings of Fact, Conclusions of Law for Approval: RZ 13-013. Casa Bella Subdivision by Providence Properties, LLC Located 5555 N, Locust Grove Road Request: Rezone of 5.44 Acres of Land from the L-O to the R-8 Zoning District S. Findings of Fact, Conclusions of Law for Approval: PP 13-032 Casa Bella Subdivision by Providence Properties, LLC Located 5555 N. Locust Grove Meridian City Council Meeting Agenda -Tuesday, January 07, 2014 Page 2 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. Road Request: Preliminary Plat Approval Consisting of Twenty-One (21) Residential Building Lots, One (1) Church Lot and Four (4) Common/Other Lots on 14.69 Acres of Land in the L-O and Proposed R-8 Zoning Districts T. Final Order for Approval: FP 13-044 Golden Valley Subdivision by Providence Properties, LLC Located at 4515 S. Locust Grove Road Request: Final Plat Consisting of 22 Single-family Residential Building Lots and 4 Common/Other Lots on 7.56 Acres of Land in the R-4 Zoning District. U. Final Order for Approval: FP 13-045 Copperleaf Subdivision by Providence Properties, LLC Located at 4505 E. Ustick Road Request: Final Plat Consisting of 16 Single-Family Residential Detached Building Lots and 4 Common/Other Lots on 2.86 Acres of Land in the R-8 Zoning District. V. Final Order: FP 13-043 Tustin Subdivision No. 2 by Conger Management Located North Side of E. McMillan Road, Approximately 1/8 Mile West of N. Locust Grove Road Request: Final Plat Consisting of Forty-Four (44) Single-Family Residential Building Lots and Ten (10) Common Area Lots on 15.26 Acres of Land in the R-4 Zoning District W. Resolution No. 14-970: VAC 13-006 Meridian Mattress Firm by Madison Meridian, LLC Located 3180 E. Lanark Street Request: Vacate the 10-Foot Wide Public Utilities, Drainage and Irrigation Easement (PUDI) Located Between Lots 1 and 2, Block 1 of the Olson and Bush Industrial Park Subdivision X. License Agreement with Nampa Meridian Irrigation District for Crossing the Ridenbaugh Canal and Milk Lateral Y. Agreement for Purchase and Sale of Commercial Real Estate between the City of Meridian and Ten Mile Investments LLC for Approximately 8.39 Acres of Bare Land. Located in the McNelis Subdivision 6. Old Business and Items Moved From the Consent Agenda A. Final Order for Approval: FP 13-042 Bainbridge Subdivision No. 2 by Brighton Investments, LLC Located South Side of Chinden Boulevard, Midway Between N. Ten Mile and N. Black Cat Roads Request: Final Plat Consisting of 93 Single Family Residential Building Lots and Twenty-Four (24) Common Area Lots on 42,81 Acres of Land in the R-8 Zoning District Approved B. ZOA 13-003 UDC Text Amendment by City of Meridian Planning Division Request: Text Amendment to the Unified Development Code (UDC) in Regard to Fencing Adjacent to Pathways and Open Space; Common Driveways; Irrigation Easements; Off-Street Parking; Home Occupations; Meridian City Council Meeting Agenda -Tuesday, January 07, 2014 Page 3 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. Definitions for Vehicles; Vehicle Sales or Rental Landscaping; Public Hearing Notice Signs; and Allowed Uses in the Industrial Districts Approved 7. C. Ordinance No. 14-1588: An Ordinance (AZ 12-005 TM Crossing) for Annexation of a Parcel of Land Being a Portion of the NW'/4 of the SW'/e of Section 14, Township 3 North, Range 1 West; Establishing and Determining the Land Use Zoning Classification of said Lands from RUT to C-G (General Retail and Service Commercial) District; and Providing an Effective Date Approved Community Items/Presentations A. Exit of Former City Council Member Brad Hoaglun B. Swear in City Council Member for Seat Number 2: Joe Borton C. Swear in City Council Member for Seat Number 4: Keith Bird D. Swear in City Council Member for Seat Number 5: Genesis Milam E. Swear in City Council Member for Seat Number 6: Luke Cavener New Council Seated 8. Action Items A. FP 13-046 Spurwing Rim Subdivision by The Club at Spurwing, LLC Located North of Chinden Boulevard and East of N. Jaykers Way Request: Final Plat Consisting of Seventeen (17) Single Family Lots and Five (5) Common Lots on Approximately 12.24 Acres in an R-8 Zoning District Approved B. Public Hearing: PP 13-034 Gramercy Heights by Gramercy, LLC Located South of E. Overland Road. and West of S. Bonito Way Between E. Blue Horizon Drive Request: Preliminary Plat Approval Consisting of Thirty- Seven (37)Residential Lots and One (1) Common Lot on Approximately 5.59 Acres in an R-15 Zoning District Continued to January 21, 2014 C. Public Hearing: MDA 13-020 Gramercy Heights by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way, Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Amend the Recorded Development Agreement (Inst. #106141056) for the Purpose of Attaching the New Home Elevations Proposed with the Gramercy Heights Subdivision Continued to January 21, 2014 Meridian City Council Meeting Agenda -Tuesday, January 07, 2014 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. D. Public Hearing: MDA 13-023 Connections Credit Union at Ten Mile by Connections Credit Union Located Southeast Corner of W. Pine Avenue and N. Ten Mile Road Request: Amend the Development Agreement (Instrument #110111935) for the Purpose of Attaching a New Concept Plan and Building Elevations 9. Department Reports A. City Council: Election of New City Council Officers and Department Liaison Appointments President -Charlie Rountree; Vice President -Keith Bird B. Mayor's Office: Resolution No. 14-971: A Resolution Declaring aDrug- Free Idaho Approved 10. Amended onto the Agenda: Executive Session Per Idaho State Code 67-2345 (1)(a): (a) To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. This paragraph does not apply to filling a vacancy in an elective office or deliberations about staffing needs in general Into Executive Session at 7:05 p.m. Out of Executive Session at 7:25 p.m. Adjourned at 7:25 p.m. Meridian City Council Meeting Agenda -Tuesday, January 07, 2014 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. Changes to Agenda: • Items #86, C: Gramercy Heights (PP-13.034 and MDA-13-020) -The applicant has requested continuance to January 21, 2014. Item #8A: Spurwing Rim Subdivision (FP-13.046) Application(s): Final Plat Size of property, existing zoning, and location: This site consists of 12.24 acres of land, is currently zoned R-8, and is located north of W. Chinden Boulevard and east of N. Jaykers Way. Summary of Request: The applicant has applied for final plat approval to develop 17 SFR building lots and 3 common lots. Open space proposed with this phase consists of several passive open space lots and 8-foot wide parkways along the local streets. The proposed open space with this phase totals 0.89 acres which is approximately 7.3% open space for this phase. Since the number of buildable lots is same and the amount of common open space has increased from the approved preliminary plat, staff finds the proposed final plat to be in substantial compliance with the approved preliminary plat as required by UDC. Staff Recommendation: Approval w/conditions Written Testimony: Becky McKay, in agreement with the conditions in the staff report. Outstanding Issue(s) for City Council: None Notes: Item #8D: Connections Credit Union at Ten Mile (MDA-13.023) Application(s): Development Agreement Modification Size of property, existing zoning, and location: This site consists of 2.24 acres of land, is currently zoned C-C, and is located on southeast comer of W. Pine Avenue and N. Ten Mile Road. History: In 2003, this property received annexation (AZ-03-009), preliminary plat (PP-03-010) and conditional use permit (PD) approval to develop a mix use project consisting of twenty-eight (28) residential lots, three (3) commercial lots and five (5) common lots known as The Courtyards at Ten Mile Subdivision. A development agreement (Inst. No. 103184142) was recorded at the time of annexation. Later that year, a final plat (FP-03-064) was approved consistent with the aforementioned applications. In 2010, the City approved a rezone (RZ-10-001) of the commercial lots from the C-N zoning district to the C-C zoning district. A new DA was required with the rezone approval and recorded as instrument #110111935; it replaced the original DA approved in 2003. At the time of rezone approval, a concurrent development application (CUP-10-007) was approved that allowed the southem portion of the site to develop with a Fast Eddy's fuel facility. Summary of Request: The applicant is requesting to modify the recorded DA approved with the rezone of the property. At the time Council approved the rezone, specific development plans were approved for the southem portion but no development was approved for the northern portion of the site. A provision of the recorded DA requires the approval of a concept plan prior to commencing with development on the northem/undeveloped portion of the site. The proposed modification to the DA does not affect the approvals for the southern portion of the site. As required by the recorded DA, the applicant has submitted a concept plan that depicts two (2) commercial pad sites as follows: • The northwest pad site depicts a bank with adrive-through. On the submitted plan, the square footage of the building may range in size between 4,000 and 4,500 square feet and three (3)drive-through lanes. • The northeast pad site depicts amulti-tenant retail building with associated drive-through. On the submitted concept plan the .proposed building may range in size between 4,000 and 4,800 square feet with two (2)drive-through lanes. Without the drive-through use the square footage of the building may increase up to 6,800 square feet. NOTE: The proposed drive-through uses are not approved with the subject application and will be evalua#ed with a future conditional use permit application which is scheduled for the January 16th. PIZ hearing. Council approval is required on the DA modification prior to Commission action on the CUP application. The applicant has submitted a sample photo of an existing bank. The attached photo represents the proposed design of the future bank. The proposed building materials include a mix of brick, stone, metal siding and glass. The proposed building materials are consistent with the design standards set forth in UDC 11-3A-19. At this time, no other building elevations have been submitted with the subject application. The applicant would like to have the flexibility in the design of the future retail building. The goat is to have a cohesive design theme between the two future buildings and the existing Fast Eddy's convenience store to the south as intended by the recorded DA. The recorded DA requires all future structures on the site to comply with the structure and site design standards set forth in UDC 11-3A-19 and the design guidelines contained in the Meridian Design Manual In general staff is supportive of the concept plan, building square footages and sample photo proposed with the subject application. Written Testimony: None Outstanding Issue(s) for City Council: None Notes: Meridian City Council January 7, 2014 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, January 7, 2014, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Brad Hoaglun, David Zaremba, and Keith Bird. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Bill Parsons, Sonya Watters, Tom Barry, Bruce Freckleton, Tracy Basterrechea, Jamie Leslie, Perry Palmer, 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: Okay. I'm going to go ahead and get this meeting started. I will start by first thanking you all for being here and joining us today. We have old business to wrap up and that will happen before we swear in the new City Council members. So, again, welcome. For the record it is Tuesday, January 7th. It's 6:00 p.m. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Larry Woodard with Ten Mile Christian Church De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Larry Woodard. He is with the Ten Mile Christian Church. If you will all join us in the community invocation or take this as a moment for reflection. Thank you for joining us. Woodard: My pleasure. And it's your first Council meeting of the year and I'm sorry to see you step off, Charlie. De Weerd: No. It's Brad. Woodard: Oh, it's Brad. Meridian City Council January 7, 2014 Page 2 of 28 Rountree: That's okay with me. De Weerd: I would be sorry to see him step off at this point, too. Woodard: I thought it was Charlie. Rountree: You were hoping that, weren't you? Woodard: And I look forward to your state of the city address in early February and for the swearing in of the new councilmen and women tonight, so let's pray together. Our dear Heavenly Father, in a nation that seems to be very discouraged at this point in our nation's history we here in Meridian thank you for the positive feelings around our town. We ask you to bless the Mayor and the expanded City Council as they take up the oversight of this community. May they show wisdom and foresight in their decisions as Meridian continues to grow and expand. We thank you for the faith community and the roll it plays in Meridian. May our influence on young families and on our young people compliment the efforts of the Mayor and this Council. As I drive around and see construction occurring throughout this winter season I see your hand in the good fortune we are experiencing. Protect the workers in this cold weather. Protect the city employees who work to keep us safe. Protect and watch over our families and children and may our teachers prepare this next generation for the challenges that lie ahead. Lord, engulf us in a spirit of both pride and humility as we tackle the issues of 2014. Solid planning and execution are essential and this Council has a long record of doing just that. I pray especially tonight for Mayor Tammy. She is the face of our community and I pray for her health, along with those of the Council as they start tonight with the issues of 2014. Watch over them, protect them, and give them wisdom, in Jesus' name, amen. De Weerd: Thank you. What a wonderful way to kick off our new year. Thank you for joining us. Woodard: You bet. Item 4: Adoption of the Agenda De Weerd: Item No. 4 is adoption of the agenda Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Tonight's agenda we have a couple of changes to note. Under 5-P staff is requesting that we move this off Consent Agenda and move it to Item 6-D. Same with 5-Q. We will make that Item 6-E. So, those will move from the Consent Agenda. Item 5-W is Resolution No. 14-970. Item 6-C is Ordinance No. 15-1588. Under Action Items 8-B and C the applicant has requested a continuance to January 21 of 2014. Under 9 -- Meridian City Council January 7, 2014 Page 3 of 28 Item 9, Department Reports, 8-B is Resolution No. 14-971. And we need to add on an Item 10, which will be an Executive Session per Idaho State Code 67-2345(1)(a), which is -- item (a) is considering hiring a public officer, employee, staff member, an individual agent. So, with those changes, Madam Mayor, I move adoption of the agenda as amended. Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of December 10, 2013 City Council Workshop Meeting B. Approve Minutes of December 17, 2013 City Council Meeting C. Acceptance Agreement: Display of Artwork of Tim Buckley in Initial Point Gallery from January 3 to January 31, 2014 D. Acceptance Agreement: Display of Artwork of Suzanne Chetwood in Initial Point Gallery from January 31 to February 28, 2014 E. Sewer Easement for Woodburn West Subdivision No 1 F. Meridian Food Bank CDBG PY13Sub-Recipient Agreement G. Boys and Girls Club CDBG PY13 Sub-Recipient Agreement H. Power Easement with Idaho Power Company Water Main Easement from Mission Coast Properties J. Sewer and Water Easement for Cope Subdivision K. Sewer and Water Main Easement for The Fields at Gramercy L. Approval of Award of Bid and Agreement to Star Construction for the Water Line Replacement - NE 5th Street Project for the Not-to-Exceed Amount of $77,005.00 Meridian City Council January 7, 2014 Page 4 of 28 M. Development Agreement for Approval: MDA 12-007 Centrepointe by WH Moore Company Located West Side of N. Eagle Road and North of E. Ustick Road Request to Modify the Concept Plan and Certain Provisions Contained in the Recorded Development Agreement Approved for the Centrepointe Project N. Development Agreement for Approval: AZ 12-005 TM Crossing by Brighton Investments, LLC, Steven Smith and CRS10 Located Northeast Corner of i-84 and S. Ten Mile Road Request for Annexation and Zoning of 89.22 Acres of Land from the RUT Zoning District to the C-G (General Retail & Service Commercial) Zoning District O. Findings of Fact, Conclusions of Law for Approval: AZ 13-014 Victory South by City of Meridian Located South of W. Victory Road, East of S. Linder Road and West of S. Meridian Road Request: Annexation of 310.20 Acres of Land from RUT, R1, R4 and R6 in Ada County to the R-4 (Medium Low-Density Residential) (221.94 Acres) and R-8 (Medium-Density Residential) (88.14 Acres) Zoning Districts R. Findings of Fact, Conclusions of Law for Approval: RZ 13-013 Casa Bella Subdivision by Providence Properties, LLC Located 5555 N. Locust Grove Road Request: Rezone of 5.44 Acres of Land from the L-O to the R-8 Zoning District S. Findings of Fact, Conclusions of Law for Approval: PP 13-032 Casa Bella Subdivision by Providence Properties, LLC Located 5555 N. Locust Grove Road Request: Preliminary Plat Approval Consisting of Twenty-One (21) Residential Building Lots, One (1) Church Lot and Four (4) Common/Other Lots on 14.69 Acres of Land in the L-O and Proposed R-8 Zoning Districts T. Final Order for Approval: FP 13-044 Golden Valley Subdivision by Providence Properties, LLC Located at 4515 S. Locust Grove Road Request: Final Plat Consisting of 22 Single-family Residential Building Lots and 4 Common/Other Lots on 7.56 Acres of Land in the R-4 Zoning District. U. Final Order for Approval: FP 13-045 Copperleaf Subdivision by Providence Properties, LLC Located at 4505 E. Ustick Road Request: Final Plat Consisting of 16 Single-Family Residential Detached Building Lots and 4 Common/Other Lots on 2.86 Acres of Land in the R-8 Zoning District. Meridian City Council January 7, 2014 Page 5 of 28 V. Final Order: FP 13-043 Tustin Subdivision No. 2 by Conger Management Located North Side of E. McMillan Road, Approximately 1/8 Mile West of N. Locust Grove Road Request: Final Plat Consisting of Forty-Four (44) Single-Family Residential Building Lots and Ten (10) Common Area Lots on 15.26 Acres of Land in the R-4 Zoning District W. Resolution No. 14-970: VAC 13-006 Meridian Mattress Firm by Madison Meridian, LLC Located 3180 E. Lanark Street Request: Vacate the 10-Foot Wide Public Utilities, Drainage and Irrigation Easement (PUDI) Located Between Lots 1 and 2, Block 1 of the Olson and Bush Industrial Park Subdivision X. License Agreement with Nampa Meridian Irrigation District for Crossing the Ridenbaugh Canal and Milk Lateral Y. Agreement for Purchase and Sale of Commercial Real Estate between the City of Meridian and Ten Mile Investments LLC for Approximately 8.39 Acres of Bare Land Located in the McNelis Subdivision De Weerd: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: We have removed Items 5-P and O, so those are no longer on the Consent Agenda and Item 5-W is Resolution No. 14-970. So, with that I move approval of the Consent Agenda as amended. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as amended. If there is no discussion by Council, Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Old Business and Items Moved From the Consent Agenda Meridian City Council January 7, 2014 Page 6 of 28 A. Final Order for Approval: FP 13-042 Bainbridge Subdivision No. 2 by Brighton Investments, LLC Located South Side of Chinden Boulevard, Midway Between N. Ten Mile and N. Black Cat Roads Request: Final Plat Consisting of 93 Single Family Residential Building Lots and Twenty-Four (24) Common Area Lots on 42.81 Acres of Land in the R-8 Zoning District De Weerd: Under Old Business and items moved from the Consent Agenda, we will move to Item 6-A and ask for comments at this time. Watters: Thank you, Madam Mayor, Members of the Council. The order for Southern Highlands was requested by the applicant to have a couple changes to it at kind of the last minute today, so that's the reason for the request for movement off of the Consent Agenda. They asked for conditions of approval 1.1.1 J, they wanted to revise the lot numbers to Lots 5 through 13 to reflect the lots -- let me just back up just a second here and -- so, 1.1.1 J is the requirement for the height of the structure that's located on Lots 5 through 13, Block 3, to be limited to a maximum height of 30 feet measured from ground level to the highest peak of the roof. Lots 14 through 19 were the lots that were directly below the new lots that the applicant is developing in -- adjacent to Black Rock Subdivision. So, that was just a tweak per the Council's decision on that. And, then, also 1.1.1 A, they wanted to clarify that the easement requirement is with the development of that large mega lot on the east side of the property. So, I did clarify that. So, those are the only two changes. Nothing that Council didn't already approve. We just kind of tweaked the wording a little bit. De Weerd: Okay. Council, any questions? Bird: I have none, Mayor. De Weerd: Okay. I would entertain a motion Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the amendments and changes identified by staff for Item 6-A. Bird: Second. De Weerd: I have a motion and a second to approve Item 6-A. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Meridian City Council January 7, 2014 Page 7 of 28 MOTION CARRIED: ALL AYES. B. ZOA 13-003 UDC Text Amendment by City of Meridian ' Planning Division Request: Text Amendment to the Unified Development Code (UDC) in Regard to Fencing Adjacent to Pathways and Open Space; Common Driveways; Irrigation Easements; Off-Street Parking; Home Occupations; Definitions for Vehicles; Vehicle Sales or Rental Landscaping; Public Hearing Notice Signs; and Allowed Uses in the Industrial Districts De Weerd: Item 6-B is ZOA 13-003. I will ask for staff comments at this time. Chatterton: Madam Mayor and Council Members, you have looked at these and reviewed and made tweaks to these UDC amendments over the last several meetings, so, really, we would be just asking at this point for your approval so we can go ahead and print a clean copy and start using these new tools. That's all staff really has to say. De Weerd: Council, any questions for staff? Rountree: I have none. De Weerd: Okay. Hearing none, do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve ZOA 13-003 and include staff comments. Rountree: Second. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 6-B. 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. Ordinance No. 14-1588: An Ordinance (AZ 12-005 TM Crossing) for Annexation of a Parcel of Land Being a Portion of the NW Meridian City Council January 7, 2014 Page 8 of 28 '/a of the SW'/a of Section 14, Township 3 North, Range 1 West; Establishing and Determining the Land Use Zoning Classification of said Lands from RUT to C-G (General Retail and Service Commercial) District; and Providing an Effective Date De Weerd: Item 6-C is Ordinance 14-1588. Madam Clerk, will you, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 14-1588, an ordinance AZ 12-005, PM Crossing for annexation of a parcel of land being a portion of the northwest one quarter of the southwest one quarter of Section 14, Township 3 North, Range 1 West, Boise meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to C-G, General Retail and Service Commercial District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: Thank you, Madam Clerk. Is there anyone in our audience who would like to hear this riveting ordinance read in its complete entirety? Wow, no one is stepping forward. Staff did have -- did staff have comments? Watters: Madam Mayor, I apologize. I misspoke a moment ago. I -- I was under the assumption that the Consent Agenda item for Southern Highlands for the order of approval -- that's what I was speaking to. I was told that it would be moved to the regular agenda. De Weerd: It will. Watters: Okay. De Weerd: It follows this. Watters: So, I apologize. That's what I was speaking and I realized just now that Bainbridge was actually the item that I should have been speaking to. Bruce will address the changes that the applicant has requested on that. So, I will just step aside and -- Bird: Wait a minute. We need to do this -- De Weerd: Well, right now we are under an ordinance and -- and, really, you were speaking to ZOA? Meridian City Council January 7, 2014 Page 9 of 28 Watters: No. I was speaking to the Consent Agenda item -- De Weerd: Okay. Watters: -- the order for Southern Highlands, but I -- it actually was the Bainbridge -- De Weerd: Which has already been moved on. So, that will be interesting. It's a different discussion. We will get back to that in a moment. So, Council, we are on Item 6-C and I would ask for your direction on this ordinance. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 14-1588 with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Item 6-C. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All eyes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Okay. So, is there an issue with Item 6-A that needs to be discussed that is outside of what we have already passed? Watters: Yes. Bruce will speak to that. Freckleton: Madam Mayor, Members of the Council, you should received in your packets a copy of a memorandum from Sonya and I dated January 6. That followed a memo from Brighton Corporation dated January 2nd that you should have in your packets as well. This item was taken off the Consent Agenda, as normal protocol would have been to have it on Consent Agenda, since it's just acting on the order. Probably because there was a request in Brighton's letter to consider some changes to the order that was approved for phase one of Bainbridge. The -- Bainbridge One, as you recall, had a requirement or a restriction in it to restrict the number of lots to 24, because of the water situation, which was a policy that we subsequently suspended the policy which phase two of Bainbridge and so, in summary, the Brighton request was that with your consideration of the order for number two they wanted to also go back and modify the order for phase one to remove that restriction for the 24 lots. We have discussed the proposal with the Public Works Department and with Legal and everybody is in agreement and with your direction tonight we can simply go back and modify the order Meridian City Council January 7, 2014 Page 10 of 28 for phase one accordingly and bring it back to you at a later meeting. So, that's kind of where we are at with that. De Weerd: Thank you. That was a great update and so our new Council can vote on that when you bring it back with the modification. Okay. Congratulations to the new Council. P. Findings of Fact, Conclusions of Law for Approval: AZ 13-016 Southern Highlands Subdivision by BHH Investments I, LLC Located South Side of E. Amity Road West of S. Eagle Road and North of E. Taconic Drive Request: Annexation and Zoning of 126.27 Acres of Land with an R-4 Zoning District Moved off of the Consent Agenda to Item 6D Q. Findings of Fact, Conclusions of Law for Approval: PP 13-033 Southern Highlands Subdivision by BHH Investments I, LLC Located South Side of E. Amity Road West of S. Eagle Road and North of E. Taconic Drive Request: Preliminary Plat Approval Consisting of 162 Residential Building Lots, Twelve (12) Common Lots, One (1) City Park Lot and One (1) Lot for Future Resubdivision on 123.45 Acres of Land in an R-4 Zoning District Moved off of the Consent Agenda to Item 6E De Weerd: Okay. We did move two items off the Consent Agenda to add to the agenda as 6-D and E. At this point we will consider those two items with staff comments. So, was that what you were referring to, other than -- than Q? The Findings of Fact for AZ 13-016, Southern Highlands Subdivision? Watters: Yes. That's what I was referring to earlier. De Weerd: Okay. Watters: The applicant had requested a couple of changes to the conditions, but they were consistent with what Council approved. De Weerd: Okay. So, Council, I would ask for your direction on these two items, Items 6-D and E, which were removed from the Consent Agenda as 5-P and O. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve AZ 13-016 and include staff comments. Rountree: Second. Meridian City Council January 7, 2014 Page 11 of 28 De Weerd: I have a motion and a second to approve these two items. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Well, I do appreciate, staff, that you kind of threw that in there. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve PP 13-033 and include staff comments also. Rountree: Second. De Weerd: I have a motion and a second. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: That was his last try and not all ayes, but everyone voted for that. MOTION CARRIED: ALL AYES. Item 7: Community Items/Presentations A. Exit of Former City Council Member Brad Hoaglun De Weerd: I was saying that I do appreciate staff did that, because I was really emotional going into this meeting. It's certainly been a great honor to work with Brad Hoaglun. He has been a great public servant for our community. He's brought a voice of reason. He's brought great analytical perspective to everything he has done and he will be missed. Certainly we are -- we are excited for the new faces that will assume their seats in a moment, but it has truly been an honor to serve with Mr. Hoaglun and I do have a couple of things to present to him and usually I do that down at the podium, but I think I will just do it up here. I do have a plaque and I would like to read that. This is presented in appreciation for your contribution and service to the City of Meridian as City Councilman from September 2008 through December 2013. The City of Meridian greatly appreciates your dedication and commitment to serve the city and community. I almost thought I would get through it. And we do thank you for your leadership and involvement in this community and it is signed January 7th, 2014. I present this to you, Brad, with our sincere congratulations and appreciation. Meridian City Council January 7, 2014 Page 12 of 28 Hoaglun: Well, since I'm Council president and I'm still here, I guess I get to say a few words, so -- I think I got some advice. They say, well, you can end it when you want to end it, so, you know -- and, then, I told them I will get a look from my wife and it will be over just like that, so -- I really have appreciated my time here for the city. I have enjoyed working with all of you up here and it's -- that's the problem with sitting next to the Mayor for so long, you kind of pick up some traits, you know. It's been a great journey and serving with people who really care about this community, who give it their all, and do it in a way that -- you know, we didn't agree on every vote or how we should do things, but we did it in a way that we respected each other's opinion and moved on and that's the way government should work and I truly, truly respect everyone up here and appreciated that so much and there are lots of tough decisions you have to make here. I wish the incoming folks well. You will enjoy it, but it also will leave you some nights you're just -- your head will be spinning thinking about some things and trying to figure things out and -- but the passion that people have for this community, it starts up here and the Mayor has the greatest passion in the world and that's just wonderful to be in a community where -- where you serve the citizens with people who have that love for their community. To the staff I want to say thank you very much. You guys do great work and I know it's not always appreciated in terms of thank yous or recognition, because what you do is oftentimes so much behind the scenes, but it really is, it makes this community so great and from top to bottom people really give it their best in serving this community. So, anyway, I know the new Council members will do a great job. I'm excited for them. Voters choice wisely and I look forward to it and one of these days I'm sure I will be back and I will have something to complain about and I will be out there and just, you know, complaining, you know. So, anyway, thank you once again very very much. So -- and I guess I'm here until Joe gets sworn in, so I'm not gone yet. Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Everything you said and the comments that Brad made resonate with me, but, in particular, the idea that we don't always agree on everything and that there is a great amount of civility amongst us as we move forward and make decisions. The other word that he said was respect and I have grown to an extreme respect for Brad and his analytical ability and his skills to see through sometimes come complex issues and come up with some solutions that have made some significant changes in the way people have perceived I think the city in some meetings and I really do appreciate that. I appreciate the opportunity to say he is a friend. I hate to see him go. He has been a tremendous tremendous asset to the city and to this Council and not that the new folks won't be and hope I gain the same respect and the opportunity to say nice things about them. But, Brad, good luck and I think your wife is calling and don't be a stranger. We have got some things that we are working on that we'd still like to bend your ear on and there is some outstanding issues that I'm sure you're going to want to know what the resolutions are at some point in time in the future. So, again, best wishes. Meridian City Council January 7, 2014 Page 13 of 28 Hoaglun: Thank you. De Weerd: And when you're ready to be volun-told let me know. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I can't add much more than what has been said already, other than the fact that I have had the privilege of knowing Brad a heck of a lot longer than these people up here. I got to know him when he was about a nine year old young man that was as classy then as he is now and what him and Chandos has done for this community is just unreal and I know they will continue to and, Brad, we wish you the best and I know you will do the best. You have all your life and thank you very much for being a friend. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I can't add much to the facts, but I will have to admit that at our last meeting in December I expressed some appreciation for working with Brad and I must apologize, I was not trying to get you off early, I didn't realize I would have one more meeting with you. I'm thrilled that I have one more meeting with you, but I can't add too much to what everybody else has said. He's been a wonderful partner up here and I guess the -- the point that I would make is that I have absolutely enjoyed serving with him and, yes, I will miss him on that respect and I do hope he sticks around and contributes. But he's been a wonderful person to work with and I have thoroughly enjoyed it. So, we will miss you. B. Swear in City Council Member for Seat Number 2: Joe Borton De Weerd: Okay. Item 7-B is the swearing in of City Council member for the Seat No. 2, Joe Borton. Joe, if you will join our Madam Clerk up at the podium. Joe, would you like your family to join you? Borton: That would be great. Sharon and my boys and my parents. Maybe my parents. Come on, mom. So, let me introduce my wife Sharon and my two boys Jack and Michael and, then, not coming to the podium is my embarrassed mother Kristine sitting next to my dad Jim -- De Weerd: Who is never embarrassed. Borton: Who is never embarrassed. So, I'm glad they are here today. I think we are ready to go. Holman: Okay. If you will raise your right hand. I, Joe Borton, do solemnly swear that I will support the Constitution of the United States and the constitution of the state of Meridian City Council January 7, 2014 Page 14 of 28 Idaho and the laws and ordinances of the City of Meridian, Idaho, and that I will to the best of my ability faithfully perform the duties of the office of City Council of Meridian, Idaho, during my continuance therein, so help me God. (Repeated by Councilman Borton.) De Weerd: Councilman Borton, if you will come up and take your seat. We will get through the swearing in before they are sworn at, but -- and, then, I will ask the candidates -- or our new Council members if they have anything to say. They are politicians, so I assume they will. C. Swear in City Council Member for Seat Number 4: Keith Bird De Weerd: Item 7-C is the swearing in of City Council Member for Seat No. 4, Mr. Keith Bird. And, Keith, if you would like your family to come forward. There was no do you want to come forward -- you're coming forward. Bird: After all these years I guess they should. This is my wife Marge, my grandson Zach, my step-daughter-in-law Michelle and my granddaughter Alexa and my son Roger. De Weerd: Oh, my gosh, what happened to your family? They grew up. Holman: If you will raise your right hand. I, Keith Bird, do solemnly swear that I will support the Constitution of the United States and the constitution of the state of Idaho and the laws and ordinances of the City of Meridian, Idaho, and that I will to the best of my ability faithfully perform the duties of the office of City Council of Meridian, Idaho, during my continuance therein, so help me God. (Repeated by Councilman Bird.) D. Swear in City Council Member for Seat Number 5: Genesis Milam De Weerd: Okay. Item 7 -- now we get to the historic part, right? The voters last May voted to add two additional seats to our City Council, moving our seats from four to six. So, this is a historical point -- time in our community's life by adding these two additional representatives to serve on behalf of our citizens. So, at this point I would ask that Genesis Milam come forward for the swearing in of City Council Member for Seat No. 5. And, Genesis, do you have your family that want to come forward? Milam: My son is sleeping. Honey, do you want to come up? No. All right. My husband Dean is back there with my son Christian. He's five and he's fast asleep. This is my daughter Amy. De Weerd: Okay. Meridian City Council January 7, 2014 Page 15 of 28 Holman: Raise your right hand. I, Genesis Milam, do solemnly swear that I will support the Constitution of the United States and the constitution of the state of Idaho and the laws and ordinances of the City of Meridian, Idaho, and that I will to the best of my ability faithfully perform the duties of the office of City Council of Meridian, Idaho, during my continuance therein, so help me God. (Repeated by Councilman Milam.) De Weerd: I will have to say it's nice having a female up here. E. Swear in City Council Member for Seat Number 6: Luke Cavener De Weerd: Okay. Item 7-E, the swearing in of City Council member for Seat No. 6, Luke Cavener. Cavener: So, I have my wife Adrianne, my son Gunner, my Father Allen, my mom Jolynn, and, then, also here in the audience I have my mother and father-in-law Dave and Barbara Harper from Idaho Falls. Holman: Okay. If you will raise your right hand. I, Luke Cavener, do solemnly swear that I will support the Constitution of the United States and the constitution of the state of Idaho and the laws and ordinances of the City of Meridian, Idaho, and that I will to the best of my ability faithfully perform the duties of the office of City Council of Meridian, Idaho, during my continuance therein, so help me God. (Repeated by Councilman Cavener} De Weerd: Okay. I would ask our new members if you would like to make comments at this time. Councilman Borton. Borton: Madam Mayor, thank you, and thank you to the Council and staff and for everyone being here. We really really appreciate the warm welcome and I thank you for -- my family in particular for all coming out and being here. My sister-in-law, my nephews are here, Ijust -- I really appreciate it. My partner Todd and Victor are here. I'm extremely excited about serving and one of the things that -- that reminded me of the right way to serve is hearing about everyone speak about Brad Hoaglun's service. Most of you all know him. He exemplifies the best way and the right way to serve the city. It's an honor to follow his footsteps. I hope to fill his shoes. He's done a fantastic job. So, I just appreciate the chance to now begin service to the City of Meridian and working with everyone up here on Council and the staff. So, thank you. De Weerd: Well, Councilman Borton, we would like to welcome you back. Borton: Thank you very much. Meridian City Council January 7, 2014 Page 16 of 28 De Weerd: Councilman Bird. Bird: I just want to thank everybody for coming out, especially my family and we have been down the road a few times on this, we have, and I have enjoyed it. I have had the privilege of serving with some very very good people, having some very very good employees and seeing this many people out is just thrilling to me for a swearing in ceremony and I thank you and I hope that we have another good four years. Thank you. De Weerd: Council Member Milam. Milam: Well, I just want to say thank you to everyone for coming. That's all I wanted to say. No. Just kidding. But, seriously, this is -- looking out here and seeing a full room is -- is really special. If you have come to any City Council meetings there is usually not quite this many people in here. So, it's pretty wonderful. And thank you to my friends and my family who helped me with the campaigning and door knocking and calling and writing, tireless hours that were put into helping me get to this position where I'm able to serve the community that I love. De Weerd: Thank you. Councilman Cavener. Cavener: It's very difficult to follow three amazing people, but I have just a couple just quick things that I'd like to say. Like the other Council people up here, a huge thanks to friends and family for all of their support, both during the campaign and in -- in this kind of lay time. Second, I just want to say that I am -- I am humbled and honored that the city, this community of Meridian, said this is the team that we want representing us and it's an honor to serve along side these five other people. It's a tremendous honor to follow someone like Brad Hoaglun, who has left an amazing legacy in our community and I hope that probably like all five of us, that we hope to follow in his footsteps and continue to lead and be great representatives of our community. And thanks to all the youth who came out tonight. I hope you get extra credit for being here. Item 8: Action Items A. FP 13-046 Spurwing Rim Subdivision by The Club at Spurwing, LLC Located North of Chinden Boulevard and East of N. Jaykers Way Request: Final Plat Consisting of Seventeen (17) Single Family Lots and Five (5) Common Lots on Approximately 12.24 Acres in an R-8 Zoning District De Weerd: Okay. With that we will go right into our agenda. Under Action Items, 8-A, FP 13-046. I will ask for staff comments at this time. Parsons: Thank you, Madam Mayor, Members of the Council, and new members. Welcome to the team. The first item on the agenda is the Spurwing Rim Subdivision. In Meridian City Council January 7, 2014 Page 17 of 28 the interest of time this evening I won't go into the full details of the final plat, but I simply want to state that the submitted final plat does comply with the submitted preliminary plat and with all the conditions that are in effect and I also received written testimony from the applicant and they are also in agreement with all the conditions in the staff report. Unfortunately, she could not be here this evening, she had another commitment, but she did want me to go on record and state that there are no issues before you this evening and she's just asking for your approval. So, with that I would stand for any questions Mayor or Council may have. De Weerd: Thank you, Bill. Council, any questions? Bird: I have none, Mayor. De Weerd: I would ask for a motion then. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve FP 13-045 and include all staff comments. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-A. Any discussion from Council? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. Zaremba: You know, I never have figured out why you call people in the order you do, but aye. I'm always amazed when my name comes up. Holman: Councilman Zaremba, I always call the person who made the motion and the person who seconded first and second and, then, everybody else after that. De Weerd: Don't explain it to him. The whole idea is to keep you guessing. MOTION CARRIED: ALL AYES. B. Public Hearing: PP 13-034 Gramercy Heights by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way Between E. Blue Horizon Drive Request: Preliminary Plat Approval Consisting of Thirty-Seven (37)Residential Lots and One (1) Common Lot on Approximately 5.59 Acres in an R-15 Zoning District Meridian City Council January 7, 2014 Page 18 of 28 C. Public Hearing: MDA 13-020 Gramercy Heights by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way, Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Amend the Recorded Development Agreement (Inst. #106141056) for the Purpose of Attaching the New Home Elevations Proposed with the Gramercy Heights Subdivision De Weerd: Okay. Items 8-B and C are public hearings on PP 13-034 and MDA 13-020. I will open these two public hearings with staff comments. Parsons: Madam Mayor, Members -- De Weerd: Oh. Well, I opened them and now I would like a motion to continue them. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue PP 13-034 and MDA 13-020 to January 21st, 2014. Zaremba: Second. De Weerd: I have a motion and a second to continue Items B and C to January 21st, 2014. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. D. Public Hearing: MDA 13-023 Connections Credit Union at Ten Mile by Connections Credit Union Located Southeast Corner of W. Pine Avenue and N. Ten Mile Road Request: Amend the Development Agreement (Instrument #110111935) for the Purpose of Attaching a New Concept Plan and Building Elevations De Weerd: Okay. Item 8-D is a public hearing on MDA 13-023. I will open this public hearing and ask for staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The last item on the Action Items agenda is the Connections Credit Union at Ten Mile. It's a development agreement modification. The property currently located on the southwest -- or, excuse me, southeast corner of Pine Avenue and North Ten Mile Road. It's currently zoned C-C within the city and consists for 2.24 acres of land. In 2003 this property was before the city and received approval for a mixed use development, which consisted of a multi- family component and some commercial lots. Since that time a new owner and developer came forward in 2010 and rezoned the property and developed the southern portion of the site with the Fast Eddy's gas station that you see in the aerial here on the Meridian City Council January 7, 2014 Page 19 of 28 right. At the time that the rezone came forward there were no development plans proposed for that northern portion of the site. So, as a recommended provision of the DA staff had asked Council to, basically, put a clause in the DA that requires a new concept plan once development is proposed for that northern half and that's what we are here to discuss tonight with you is to show you the revised concept plan and, then, also go one step further and tie the site to some familiar elevations as well. So, again, as a side note I want to just make it clear on the record that those proposed changes to the DA before you this evening do not affect the southern portion of the site. So, Steven Eddy received his own development approvals and those remain in effect as we move forward through the DA -- development agreement modification this evening. So, what the applicant is proposing this evening is two pad sites north of the Steve Eddy site. On the left-hand side will be a bank with adrive-thru facility. On this mini concept plan it was identified that the building square footages for the bank itself would be between 4,000 and 4,500 square feet, with the ancillary drive-thru use and, then, to the east of that is a -- basically aspeculative -- a retail pad site. A future pad site. There is nothing planned for that portion of the site at this time. It also depicts adrive-thru -- drive-thru establishment. Square footages for that building range between 4,000 and 4,800 square feet. On the submitted concept plan it is also noted that if a drive-thru use does not go on this property that that building footprint could expand up to 6,800 square feet. So, the applicant would like to have some flexibility as far as future design of this site. I would also mention to you that development of this site cannot move forward until a DA -- a development agreement modification is through Council and the drive-thru use are not approved as submitted on this concept plan. Next week the CUP application is going before the Planning and Zoning Commission for the -- to establish the conditional use permit or the drive-thru use on the property. So, here is the sample elevation that is presented to you this evening. Staff has reviewed these elevations. They are consistent with the design standards in the UDC. We are looking at a mix of brick, stone, glass, and, then, also metal accents as canopies. There are variations in roof forms. It is staff's opinion, again, that this does comply with the UDC moving forward. One thing that I would like to mention is when this -- when the site was rezoned in 2010 it was the city's anticipation that the northern portion of the site would mimic the design characteristics of the southern and so what we are trying to do as far as what we are proposing this evening is the applicant is showing how the two pad sites could interact with the Steve Eddy site and also that these elevations do support what Steve Eddy did on the southern portion as far as the high quality standard and design that was approved and constructed on that site as well. So, here are the three modifications that staff is proposing for you this evening with the DA modification. At the time that the DA came before you with the rezone we basically had a boilerplate condition in there that stated future development on the site would comply with our design standards in the design manual. Now that we know a bank and a potential retail pad site is proposed we just added that language to just tighten up what's to happen on the northern portion of the site. DA provision number seven currently says come back and get approval of the concept plan. Well, we are here tonight doing that, so we are going to strike that language and insert this language, which basically says that they will comply with the site plan or concept plan that's presented to you this evening and also the sample elevations. In moving forward for the retail pad sites, the applicant would still like to Meridian City Council January 7, 2014 Page 20 of 28 have further flexibility, as there are no plans at this time for an end user for that parcel or pad site at this time. And, then, to make it clear on the record that future -- because the concept plan shows future drive-thru uses we wanted to make it clear that that use is not currently approved for the site just because it's depicted on the site plan. So, to insure that moving forward staff is recommending that we add a provision that states any future drive-thru use on the site would have to comply with the UDC standards as well. Staff has not received any additional testimony on this application. We are recommending approval of a DA modification before you evening with the submitted concept plan and those elevations and at this time I'd stand for any questions you may have. De Weerd: Thank you, Bill. Any questions from Council? Rountree: Madam Mayor? De Weerd: Councilman Rountree. Rountree: Bill, can you go back to your first slide. On the southeast corner of -- of the -- that one. Is that a defined lot by the plat? It appears to be parking for Fast Eddy's. I just -- is that covered by the DA for them? Is there is a possibility of that being carved out and put there? Parsons: Madam Mayor, Members of the Council, in 2010 the city did approve a property boundary adjustment that configured that as a parcel with this subdivision. So, in fact, currently it is -- it is developed as the cross-access drive for the proposed development. If the concept plan is approved by you tonight it -- it would only develop with two pad sites, it wouldn't be allowed to do anything else, unless they came back and amended the development agreement. Rountree: So, that would continue to provide the cross-access? Parsons: Yes. Rountree: Okay. Parsons: That's correct. De Weerd: Any other questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Similar question I think probably. Currently on site there is a vinyl fence that separates the developed path and the undeveloped path and I don't remember whether Meridian City Council January 7, 2014 Page 21 of 28 that was a required fence or not. Do we need to say anything that either removes that requirement or authorizes them to remove the fence? Parsons: Madam Mayor, Members of the Council, Mr. Eddy does not own the property north of him, so he was able to attain permission from the current owner to erect that fence and, no, it's not a required fence, Steve Eddy just wanted to have something to delineate something along the drive aisle to separate the vacant lot from his commercial development to the south. Zaremba: So, the owner is comfortable removing that fence with Mr. Eddy's agreement I'm sure? Parsons: To my knowledge that is correct. Zaremba Okay. Thank you. De Weerd: Okay. Any other questions? Any other questions from Council? Bird: I have none. De Weerd: Okay. Is the applicant here this evening? If you will, please, state your name and address for the record. Slichter: My name is Chad Slichter. Slichter Architects. 6611 Ustick, Boise, Idaho. De Weerd: Thank you. Slichter: And, Madam Mayor and Council, we have been working with Bill on this. The vinyl fence isn't a big deal. Steve put that up because apparently kids were screwing around doing cookies out in the mud, so -- and, then, driving through his property. So, he's going to actually take that back, I believe, when the time comes and, yeah, we are in agreement with staff's report, so if there is any other questions I can definitely answer. De Weerd: Thank you. Council, any questions? Bird: I have none, Mayor. Rountree: I have none. Slichter: Thank you. De Weerd: Okay. Thank you. This is a public hearing. Is there anyone who would like to offer testimony on this item? Okay. Seeing none -- Bird: Madam Mayor? Meridian City Council January 7, 2014 Page 22 of 28 De Weerd: Mr. Bird. Bird: I would move we close the public hearing on MDA 13-023. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-D. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve MDA 13-023 and to include all staff and applicant comments. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-D. Is there any discussion from Council? Seeing none, Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 9: Department Reports A. City Council: Election of New City Council Officers and Department Liaison Appointments De Weerd: Under 9-A is a City Council item. I will turn this over -- I will turn this over to me. Rountree: It would be your item. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we nominate Charlie Rountree for president. Meridian City Council January 7, 2014 Page 23 of 28 Zaremba: Second. De Weerd: I have a motion and a second to nominate Charlie Rountree. Do you accept that nomination? Rountree: I do. De Weerd: Any other nominations for City Council president? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Move we close the nominations for president. Bird: Second. De Weerd: Okay. The nominations have been closed. All those in favor say aye. All ayes. Motion carried. So, beings how there is no other nominees, I think you got it and I will turn this now over to you. Rountree: Thank you, Madam Mayor. Zaremba: Mr. President? Rountree: Mr. -- Zaremba: I would like to nominate Keith Bird for vice-president. Rountree: Keith Bird has been nominated for vice-president and second by -- Borton: Second. Rountree: -- Councilman Borton. Do you accept that, Mr. Bird? Bird: I do. Rountree: Thank you. Any other nominations? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I move we close the nominations for vice-president. Rountree: Nominations are closed. Meridian City Council January 7, 2014 Page 24 of 28 Borton: Second. Rountree: And seconded with that. All those in favor of the motion to elect Councilman Bird as vice-president signify by aye. Those opposed? Hearing none, congratulations. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor, I have a few things here to do. As you have all seen throughout the past few weeks we have been in correspondence with assignments for particular liaison positions within the city and committee assignments. I will reflect that one of the reasons given for adding to the Council was the additional workload that city size and activity has created, but in my opinion it was probably more just to get more representation on the Council to reflect our community. But having said that, committee assignments -- Councilman Zaremba, you will be the liaison with Community Development for the next year. Councilman Borton, will be liaison with Finance and Public Works Department. Congratulations. That's a big job. I will be the liaison with the Mayor's office. De Weerd: That's a big job. Rountree: And that's a bigger job. Bird: That's a bigger job. Rountree: Councilman Bird, you will be liaison with the Legal Department and the Police. Councilman Milam liaison with Fire and Human Resources. I wasn't going to make you and Joe do Public Works together, so -- that was an error. And Councilman Cavener Information Systems and Public -- or, excuse me, Parks and Recreation. Those are the liaisons with the departments. As far as committee assignments, Councilman Bird is already a member of MDC. He is the alternate for COMPASS and alternate for the Ada CC and emergency. Councilman Zaremba is VRT representative --one of the VRT representatives for the City of Meridian and I will have to point out that he is going to be the chairman of the board effective their next meeting or effect right away? Zaremba: The board meeting on January 7th -- 17th, I believe, is when I should be elected to that position. I appreciate your thought there. Rountree: And he is also the director of the Air Quality Board and an ex-officio member of the Transportation Committee. Commissioner Borton is going to be an ex-officio with the Historical Commission and any others that he might like. Given the list that I have provided everybody there are some spots that are open. Councilman Milam ex-officio for Arts. Councilman Cavener ex-officio for Parks and Recreation. That comes with the liaison assignment. There is a spot on VRT's board if someone is interested. I would be willing to step off. That is a board member. It constitutes maybe three meetings a Meridian City Council January 7, 2014 Page 25 of 28 year, until you decide you want to be on their executive board and, then, they meet monthly. So, if you're interested. There also needs to be a liaison for that spot. We need some interest in the Solid Waste Advisory Committee to be an ex-officio member and can't recall the other two that I had on the list, but if you would look at those and let me know. Oh, the Allumbaugh House. Yes. Keith Bird is going to be the alternate for Allumbaugh House. I am currently on the VRT. I am going to be the COMPASS board chair. I'm on the Air Quality Board and currently the Solid Waste Advisory Committee ex-officio member. If somebody's interested it's a good group. It's interesting work in spite of what you might think. It's a very good learning experience about what goes on in the city. With that, Madam Mayor, I am done with the assignments for the year. I wish you all well. I have told you all that if there are issues that you have I'm available, as well as the Mayor. Anytime you want to discuss something about a department or with a department, I am here to help. So, welcome aboard. You have had your feet just a bit damp this evening. They will get wet as the months and days go on. So, welcome aboard and I'm really really and truly excited about our Council this next -- at least two years for me and maybe be four or five or six. Who knows. But, anyway, again, welcome. Madam Mayor, it's yours. B. Mayor's Office: Resolution No. 14-971: A Resolution Declaring aDrug-Free Idaho De Weerd: Thank you, Mr. President. We are at 9-B. For our new Council members, this Resolution 14-971 is a resolution declaring a drug free Idaho. This is a resolution being considered by communities throughout the state and it's joining forces to really look at the substance abuse issues in our communities on a statewide basis. This is a resolution that we have had signatures from -- throughout the state and as the Association of Idaho Cities president and just now past chair of the drug task force, we are asking that you consider this resolution and I will ask Madam Clerk to, please, read it in its entirety. Holman: Thank you, Madam Mayor. City of Meridian Resolution No. 14-971, a resolution declaring a drug free Idaho and providing an effective date. Whereas, Meridian is our home -the place where we live and work and raise our families; and our community is not immune to the blight of drug abuse that affects our entire nation; whereas experiencing the cost of substance abuse and addiction and it's destruction of families, impacts to students, and educators, loss of productivity in the workplace, escalation in the number of impaired drivers on Idaho roads and other threats to public health, safety and welfare and whereas prevention education works to reverse the trend of increasing drug use resulting in part from drug legalization efforts nationwide and whereas winning the fight against drug abuse is possible if individuals in our community step forward to serve as role models and leaders and to help our children walk drug free through adrug-filled world, now, therefore, be it resolved by the Mayor and City Council of the City of Meridian, Idaho: Section One. That the City of Meridian joins the Association of Idaho Cities in its campaign to end complacency, ignorance, and helplessness in the face of drug abuse in Meridian and in Idaho. Section Two. That the City of Meridian will work toward making Meridian an Idaho drug free by effectuating Meridian City Council January 7, 2014 Page 26 of 28 responsible local policies and by encouraging and supporting responsible state and national policies. Section Three. That the City of Meridian will engage with community partners, coalitions and organizations to implement strong and effective prevention strategies in our local and greater community. Section Four. That this resolution shall be in full force and effect immediately upon its adoption and approval. De Weerd: Thank you, Madam Clerk. And I will also let you know that the Mayor's Anti- Drug Coalition has very strong prevention programs in the city and I would like to thank the Police Department for the leadership they have taken in that regard. We are a strong coalition of a large number of community volunteers and stakeholders that take prevention, treatment, and enforcement very serious, because this does affect the fabric of our families and our businesses, so it's very important. I think -- I would like to thank Emily Kane for helping craft this, as well as Robert Simison in my office. I think Robert's very excited that I am no longer chair of the drug task force for the state. I don't think that the presidency of the Association of Idaho Cities is going to be any less work, but do appreciate all of the efforts that you have had in that regard. So, Council, in front of you is Resolution 14-971. I ask for your affirmative passing of this resolution. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve Resolution No. 14-971. Zaremba: Second. De Weerd: I have a motion and a second. Any discussions? Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 10: Amended onto the Agenda: Executive Session Per Idaho State Code 67-2345 (1)(a): (a) To consider hiring a public officer, employee, staff member or individual agent, wherein the respective qualities of individuals are to be evaluated in order to fill a particular vacancy or need. This paragraph does not apply to filling a vacancy in an elective office or deliberations about staffing needs in general De Weerd: We are at a point where we will adjourn into Executive Session and I won't guarantee it, but I will tell you it's supposed to be a short discussion. So, having been Meridian City Council January 7, 2014 Page 27 of 28 with this new Council for just a few minutes I can't guarantee it. But, Council, I would entertain a motion to adjourn into Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345 (1)(a). Rountree: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (7:05 p.m. to 7:25 p.m.) De Weerd: -- a motion to come out of Executive Session. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Anymore business in front of this Council? If not, I would entertain a motion to adjourn. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:25 P.M. Meridian City Council January 7, 2014 Page 28 of 28 (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ~~~.~~ c ~ ~~ ~1 ~ a~ ~ I ~l MAYOR Y DE WEERD DATE APPROVED g4°RAT~~n .~ UcUs ATTEST: ~~G° r, 9~ ~ % 1 ~ O"~-~ .~ n ~ c~c~ ar w JAY~EE~IOI~~KIIAN, SIT K '~- "J i ~n SEAL ~ L 'r v° e '~~ r6 r 7 R F ~SUQ' Meridian City Counc~! Meeting DATE: January 7, 2014 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: APPROVE MINUTES Reprove Minutes of December 10, 2013 City Council Workshop Meeting _.__.__ MEETING.N4TES ~~~~~ ,:~ ~ ~~ ,_ ,~ Community tem/Preaentatians Presenter Contact InfoJNotes CLERKS OFFICE FINAL ACTION ~.~. E~MAIIED TO 8TAFF 8ENT TO AQENCY 8ENT TO APPWCANT NOTES ~~$ A~ridi~n City Council 16leeting DATE: January. 7, 2014 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: APPROVE MINUTES Approve Minutes of December 17, 2013 City Council Meeting MEETING NOTES ~: i ; €~" Communli#y Itsm/Presentations Presenter Con~c# InfoJNotes CLERKS OFFICE FINAL ACTION E~MAILED TO 8ENT TO 8ENT TO DATE: STAFF AIiENCY APPLICANT t~TEB INITIAL8 Meridian CiiytCo~nc~l Meeting DATE: January 7, 2014. ITEM NUMBER:. 5C PROJECT NUMBER: ITEM TITLE: ACCEPTANCE AGREEMENT Acceptance Agreement: Display of Artwork of Tim Buckley in Initial Point Gallery from January 3 to January 31,241.4 MEETING NOTES ~~~?'IRF ~~ ~r ~'~~ Community ItemJPresentations Presenter Contact info./Notes CLEtRKS OFFfCE FINAL ACTION DATE: E-MAILED TO 8ENT TO 8ENT TO ~.~g ,~„~ STAFF AtiENCY APPLICANT ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 7th day of January, 2014 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Jessica Campbell, an individual person ("Agent"). (City and Agent may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, artist Tim Buckley did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on October 24, 2013, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Tim Buckley's work for display based on the Proposal, which work is now owned or controlled by Agent, and recommended to the Meridian City Council that such artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on December 10, 2013, the Meridian City Council adopted such recommendation and directed the Commission to establish a display of Agent's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good 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, the Parties agree as follows: I. SCOPE OF SERVICES. Agent shall personally deliver to Initial Point Gallery, on January 3, 2014, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Agent and the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Agent shall be responsible for hanging such artwork on January 3, 2014 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from January 3, 2014 to /"~ January 31, 2014, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on January 31, 2014, at 9:00 a.m., or at such time and date as is mutually agreed upon by the Agent and the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE I II. COMPENSATION AND SALE OF ARTWORK. A. No eompensotion. Agent shall display the artwork in initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Agent for services, work, and/or any activity undertaken pursuant to or related to this Agreement. R. Sale of artwork. Agent miry, at the direction of and iu the manner established by the Gallery Curator, passively offer the artwork on display iu Initial Point Gallery for sale. No price shall be displayed on or lie proximate to qtly piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Agent's work; any twansaction related to the sale of artwork shall be handled solely by Agent. Agent acknowledges the Commission's t~quest that Agent voluntarily donate to the Commission twenty percent (20~%~) of proceeds from any :-rtvvork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Agent may remove such artwork from the Gallery, provided that Agent replaces the removed piece with another piece of artwork within twenty-tour (24) hours of such removal. Agent shall coordinate the removal, replacement, :aid/or substitution of any :aid all artwork with the Gallery Curator prior to such activity. III.TIhiE OF PERFORMANCE. Agent shall provide services described in this Agreement in a timely manner, as described herein. Agent acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of ~„~ this Agreement. IV. INSTAGGATION. A. Coorrllnation with Cutator. Prior to the installation, removal, replarernent, and/or substitution of the display in initial Point Gallery or any portion or component thereof, A~~ent shrill coordinate any and'all such activity with the Gallery Curator. B. Inspeetlon of dlsplay. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review ttre artwork proposed by Agent for display in Initial Point Gallery to ensure compliance with all criteria set ti>rth in the Call to Artists attached hereto ati ~rhihit A, and the Application and Acknowledgements Form attached hereto in E.ihiyit !3, as well as to ensure that such artwork may be safely and appropriately displayed in lniti:il Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof dues not meet the criteria set forth iu Erlrihits A anti R, does not retlect artwork us described and depicted in the Proposal set forth in E.r/ribit H, or cannot be safely ~trrd/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediatz removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City Wray reyuire the itnrrtediute removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. ACCEtrr'ANCf: A(;KEkMENT INITIAL NOINTGALLERY DI~'LAY I'AaE 2 ~„~ V. DISPLAY: A. Original artwork. Agent ww•rants that any and all artwork provided by Agent fvr display iu lnitiul Point Gallery shall be, and is, ori~~inul work c:ouceived and created by Agent. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point G:dlery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Agent shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Agent's name. Agent hereby conveys to City permission to use Agent's name fvr purposes of advertising, marketing, wld public information, without violation of Agent's rights of privacy yr any ether Itights Agent may possess under tllis Agreement, provided that City sh:dl not use Agent's logo, if any, for any purpose without the express, written permission of Agent. D. Use of City's name. City hereby conveys to Agent permission to use City's Warne for purposes of advertising, marketing, and public infornatoon, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Agent shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. ~,,, F. itemoval of artwork by City. City shall have the right to remove Agent's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight ~~ls~ hours, City sh:lll notify A~~eut in the manner set forth herein. While it is intended that Agent's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for wry reason, without notice to the Agent. F. Removal of artwork by Agent. Agent shall coordinate with the Gallery Curator the remov:il, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sole of a piece or fur ally other reason. G. SLnuitaneous display. City Imay elect to display the work of more than one Agent or Organization in initial Point Gallery at any time, at the City's sole discretion. The manner wed alrangernent of the display(s) in Initial Pvint Gallery shall be determined by the Gallery Curator. Vl.lNt)~hiNiw'iCATt()N. WAIVtrR. ANi)1NSt1itANC:G. A. ltxlentnification. A~~ent shall, and hereby dues, indemnify, save, and hold harrrlless the City and wry and all of itv employees, agents, volunteers, wrd/or elected officials from any and all losses, claims, and judgments fvr darttages yr injury to persons or property, and fn~m wry and all losses :urd expenses caused or incurred by Agent or Agent's servants, agents, employees, guests, and/or invitees. ACCEF''f'ANCE AuREEMENT iNIT1AL NDINTGALLERY DISPLAY PAGE.; B. Waiver. Agent shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and datT-age to persons or property arising from, growing. out of, ar in any way connected with or inctident to Agent's perfarnauce of this Agreerttent, whetl-er such loss or damage may be attributable to known or unknown ronditious, except for li:-bility arising out of the tortious conduct of City or its officers, agents or employees. L. insurance Agent's responsibility. City shall not provide insural-ce to cover lass, theft, or damage of artwork displayed iu Initial Paint Gallery or to cover any :xaivity undertaken by Agent in the furtherance of Artists' rights or obligations described herein. insurance of the artwork; of the Agent's person, property, or interests; and/or of the Agent's employees or agents strap be the sole --esponsibility of Agent. Agent shall obtain all necessary insurance as may be required in ardor to protect Agent's insurable interests forits rights and obligations described within this Agreement, including, but not limited to, liability insut~nc.~e, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in initial Point Gallery. Agent shall be:-r any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared far, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. Tt:ehitNATtON. A. Termination for cause. If City determines That Agent has failed to comply with any terrr- or condition of this Agreement, violated any of the rovenwtts, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this ~ Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the petformanee of this Agreement; or if either P:u~ty willfully or negligently def:-ults in, or fails to fulfill, its ntateltial obligations wider this Agreement; the other Party shall have the right to tetYminute the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mauling of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for :tny -•easou at any time without prior notice to Agent. C. Termination upon death or incapacity of Agent. This Agreement shall automatically terminate upon il-e death or incapacity of Agent. D. Non-waiver. A waiver of a-ny brea-eh or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. .~ AC'Ck:l'`t'ANCf: Ac;REkMENT INITIAL NOINTGALLERY DISPLAY PAGE `~ VIII. GENERAL PROVISIONS. ~~ A. Relationship of Parties. it is the express intention of Parties that Agent is an independent party and not iUl employee, agent, ,joint venturer, or partner of City. Nothing in this A~*reement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Agent and City or between Agent and any official, agent, or employee of City. Both parties acknowledge that Agent is not an employee of City. Agent shall retain the right to perforce services for others during the terns of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Agent shill comply with any and all applicable federil, state, and loe~il laws. C. Non-I)iserirnination. In fultilliug or exercising any right or obligation under this Agreement, Agent shall not discriminate against any person as to race, creed, reli f~ion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. iD. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The teens of this Agreement may not be enlarged, modified or .iltered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the. State of Idaho shall goveni the validity, interpretation, performance and enforcement of [Iris Agreement. Venue shall he in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All I•ightc and remedies herein en.ulnerated shall be culrtulative and none shall exclude any other right or remedy allowed bylaw. Likewise, the exel~;ise of any remedy provided for herein or allowed by law shall not be to the exclusiolr of any other remedy. L. Severability. If any provision of this Agreement is found by a court of couipetent.jurisdiction to be illegal, invalid, or unenforceable, the remainderuf this Agreement shall not be affected. H. Successors and assigns. Agent shall not subcontract or assign any of Agent's obligations under this Agreement that require or that may require Agent's artistic talent or expertise. Agent may subcontract or assign obligations that do not I•eyuile Agent's artistic talent or expertise. All of the teens, provisions, covenants and conditions of tl-is Agreement shall inure to the benetit of, at~d shall be binding ulx~n, each party and their successors, assigns, legal representatives, heirs, executors, and adminishators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing alyd shall be deemed communicated upon mailing by United States Mail, addressed ac follows: AC'CE:F''rANCE AuKEEMENT INITIAL POINTGALLERY UISrLAY PAGE S ,A~ent: /'~ Jessica Campbell 2831 Regan Avenue Boise, lD 83702 2U8-7U3-8587 .jessicampbell (c~gmex.com Gallery Curator: Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian ID 8;1642 (2U8) 887-6473 dwight_5332~q.com City Emily Kane Deputy City Attorney 33 E. Broadway Ave. Meridian lD 83642 (2U8)898-SSU6 ekane C~ rneri dianci ty.org Arry party may charri,-e its respective address for the purpose of this parag*t"aph by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Counctil action approving the A~-reement. F.xec:utivn of this Agreement by the persc»rs refereuc~ed below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto hove executed this Agreement on Uric ~ day Uf .~. Jo.r~vo.-~ . av~ AGENT: essira Campbell /~ CITY OF MERIDIAN: B Y: Tammy ~~Q~zAC;::r~~tC:Gs~y ~~ j9 O~ Attest: aycee HFilhnarr, City Cler ~~ ~,x~~;~r,~ -,~~. .. ~' SE.~.L r Ft, ya TFA °~16r TBE ~c,O~E Ac'cr;wrANCE AukEr:~tENr INITIAL POINTGALLERY DI4'LAY PAGE b /"\ Exhibit A ~. Meridian 1 Commission Cate for Artists: 20'14 INITIAL RoINT GALLERY SERIES ovERVIEW: The Meridian Arts Commission {MAC) seeks proposals far the. display of two-dimensional and/or three-dimensional artwork as part. of the 2014 Initial Point Gallery Series, a series of one-month exhibitions in lnitiat Point Gallery. lnitiat Point Gattery is located on the third. floor of Meridian City Hatt {33 E. Broadway Avenue, Meridian, Idaho}, and is open to the public during City working hours. lnitiat Point Gattery provides 120 feet of total watt space far hanging twa- dimensional artwork, and four enclosed display cases far three-dimensional artwork. MAC requests. that artists voluntarily donate to MAC 20% of proceeds from sales of art.. displayed in lnitiat Paint Gattery. ELIGIBILITY: Two-dimensional works displayed in lnitiat Point Gallery must be comprised of professional-quality, ready-to-hang, original art; artwork an paper must be under glass or acrylic. Setectees must fill all or half of the. Battery. Three- dimensional works may be of any medium, but. must fit within the four supplied display cases. Na artwork will be displayed which:. cannot be safety hung or displayed using the gallery's .equipment; requires unusual maintenance, handling, ar security; ar is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed wilt be evaluated for its compliance with these general requirements. Setectees will be asked to enter into an Acceptance Agreement with the Citysetting forth specific conditions of display. 5electees and invitees may reapply biennially and if selected again, 7590 of the display must be artwork that has not been previously displayed in Initial Paint Gattery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists' work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2014 lnitiat Point Gattery Series must provide the fallowing materials and information to MAC in order to be considered fior selection. • Completed, signed Application B Acknowledgements form; ~ Biography of the Agent or informational statement regarding organization; - Letter of intent; Five {5) digital images representational of the works proposed for display, on a CD {for organizations, each image must be of a different Agent's work}; and • $35 gallery maintenance fee (nonrefundable}. Details and forms are available at the City's website, http://www.meridiancity.org arupon request. limited assistance producing digital images may be available upon request. Materials submitted wilt not be returned. DEADLINE; All. proposals must be received by MAC by 5x00 p.m. on Friday, October 18, 2013. SELECTION PROCESS: The selection of art for the 2014 lnitiat Point Gallery Series wilt be made by MAC. MAC will notify selectees by letter sent U.S. Mail in evaluating eligible proposals, the fallowing fiactors will be considered: • Quality of work; • Appropriateness of subject and concept fora functioning government workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian wilt provide selected artiststorganizations with the following resources: Volunteers to assist Agent/organization with instatting and removing each piece of artwork; • Track system for hanging 2D art and four enclosed pedestals for 3D art; • Space far Agent information and/or an nfarrnation board; and • Publicity of the exhibit through City contacts, local media, and other infarmatianat forums. CONTACT MAC: By mail: ~~ By a-malt: Meridian Arts-Commission Attn: 2014 lnitiat Point Gattery Series 33 East Broadway Avenue Meridian ID 83b42 macC~meridiancitv.or~ Exhibit B ,~~`1 r _., W ,j... ~ ~~ r ~ , r i ~_. r ,t ~ zrot~,J'1",C.~' ~-'y~~•~~7 e" c~,Cs'r i' t:~,~ E! f J1 {~ .r f ~ ` ~ ~ ""ws-fit.. '? .." ,,,tC).~~y~,y,•;-~.;,t„q~,,P.~~ ,~.,.t..t.., z1"3 L.~r,rt?..~x~"-t?" 12t" ~..r'~~"a..- t` .I ~J ,,./ /~ ~ ~ .~~ ! i ' j` .~,,, x,j,,~.. a E~~`'Z•=~e.'7.~. ~ 1~1' ~':i"2 . ~7` ~"-C~"*Y,... ... '',i~;~••1.~'^..{... ~.,~^"~'^'~" Crt..:rs ^...'...y..~!°:. x :'',-~~'.~' 4"3.-.~ "~'` t_ ,r~~ctr+• .-~-"~ •~~.Ka.;% ..... ~..f.~ t`, ~ ~>y rr,..!~.=<~<-3.-tF.-~1._m.,- / ,~ p ~. ~~ __ M. ~- _~ .__ .:,n--~~~'..~ /ate-^i =~L-~.~e -,~ ~"-r' .~.-r~;~x.rr~-~„ ,.,7-~.~//,j ,~?,`/ ,.r'~" Vic. !, ~%" ~"!'?"~'°'t'^L~~C~~:--• .,. 'r' 6 ~'..-~%•~'~ ir,r~-~`^~,x~~rd..-,,,. ~ ~ ~~..l..k~/'.j ~d'""7 ~'T (.LiZ'''?r7•y: y, , r ~%' ,,-1~7.arj•~~s.~''l-X^t'.t,~, ~ck`k"t^C. r..:}'f{~,iL°I°Y'~.i'J~r` t a» }~ "; ..u LL.:.., ~a ~»*~.3 u1 buy ~ .ra...... . - ,i y.,.t+7~~1~~ :' : , ~ . ~f (Y -_ _.~...~.._« .iilUCS~ t ':': i:. »~ ~~N: _ 1 ~.a .V ~"r~ Y ~~ r ~}~J~ ~.G _f'"- t ~.. ~i ~~ , ~. ~,, s, !~ 4L7:.'S7ti..~'r ', ~£ v , ~. W ~ ~.~ . till"»~',~: - a . ~:~_.~ i.7~ Y..~~y^ e1 ~ S Y.' < ~-- w . ;; ~~~ <~~ -_ ~~r. r rc, ~ . k.. ,,.. ~n '4~ n ~t, Y'}~ 4 ~~•~ ~,~ i I ~~ ±_~' ~ .w~i +:`~ aY ~' _ } 3 d r < ~,' . Cr '. t `3 F! S y \~y~„~J ~ Z~ ~.~ ~~~ f .'a~.:2t~~~ rY '` wy WTM _ i'Rl':'~7~'~1~i.J.'I y' 4i ~ S1 r ~ ~~~'ZwT:i ~' .: f.~fi.'~~~yl~l ~":.4iLS.l :r l ~': ' ~ d~' ~~, ' ~~ > ~ ~~ ?yf~1L.'J . 1 ZW~ '~ } '~ Wsi y i;T I ~~ yf y / ..r il(f1S._G _.. ~~~~'~.n~":l ~~~. ~~ M.._i r .,, ,.y N ..~~y r:~~W '~ ~.~ ~y _v;y ~;;,,.sr :ih ~t .~ {i . ~ _._ ~t ~,` f.r i:~~.. f.f"-° i M °r i- ~....a SsS ~,yw.__< ,,: $ y.,.. .3 ~~ ....~, {~~{ `< ,: 49~..su ~.®a *r T :'W~ .> ~~`i ~~~ w::.~.:~»... L~~ ~. °, ii ~,~ ~°.u r; a "' ,~.s"Ii J a_ ~€ ~R ~' ~a_ I ~ "~'1" ~ t~ 3.,~ _xr~ j. ~~ ,,;1 ~~ ~.;~+ I ~ ur»r- E ~ ` ~...,_. °}r:3~1 ~~ b f ~~ ,~y T i^, ~~._m ~!' $v~A »... ~W th ~~~, ELY` 1 ~~ ,.. S;' ~x .:.~ ~sra _-.~~«r 1 .n '~'"t, '~ ~~ u ~~ J t' L~'-2.. '' ~' ti ,,y~ i 4~: t i; ;,x ~~ ,..y .. >~ ~- "= ._ "~... .rte"""" F^'+. 1"~"-.xG..`w ! ~~ ~~ ~. W.iF..YCj... ~ :- ti~ ~~ s. ~a*. .~'•. r `~ S' ~. ~.. ;~ _ ~~...s '~""° ~;r ~, ~:. ~. ~~ -'s aw...-..M :.f >. L_ ~.: .' _.ti. n,i; S 1 k: ~' `tF TM ',r r. ru -_ ~ ..,. ~..' i r' r~,i Meridian City Council Meeting DATE: January 7, 2014 ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: ACCEPTANCE AGREEMENT Acceptance Agreement: Display of Artwork of Suzanne Chetwood in Initial Point Gallery from January 31 to February 28, 2014 MEETING NOTES ~''~~~R~ ~r~ a 3a~"~il~ Community Item/Presentations Presenter Contact InfoJNotes CLERKS OFFICE F/NAL ACTION DATE: E-NWLED TO STAFF SENT TO AGENCY SENT TO APPLICANT pjO~g INITWLS ACCEPTANCE AGREEMENT: ~ DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the ~- day of 2014 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Suzanne Lee Chetwood, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on October 24, 2013, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; ~"1 WHEREAS, at its regular meeting on December 10, 2013, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good 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, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on January 31, 2014, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on January 31, 2014 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from January 31, 2014 to February 28, 2014, in accordance with the terms of this Agreement; and shall be responsible for /"~ removal of such artwork on February 28, 2014, at 9:00 a.m., or at such time and date as is mutually agreed upon by the Artist and the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POMT GALLERY DISPLAY PAGE 1 r.~ II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, ~,.,, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 /"~ V. DIS, riaY, A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, mazketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. ~ E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION. WAIVER. AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, i'" ~ guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 ~'`~ growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall beaz any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepazed for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepazed under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material 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 termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 4 /~ VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party 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 Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. ~ E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy 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. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 Artist: ~ Suzanne Lee Chetwood 4371 E. Amity Boise, ID 83716 208-433-0220 suzlee22@hotmail.com Gallery Curator: Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian ID 83642 (208) 887-6473 dwight5332@q.com C Emily Kane Deputy City Attorney 33 E. Broadway Ave. Meridian ID 83642 (208) 898-5506 ekane@meridiancity.org Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. ~,-I2, IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~ day of .Jo~nva~ ao ~ BY: Attest: /"~ ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 6 /'\ Exhibit A .~ ~\~ Meridian ~ Commission Ca[( for Artists: 2014 INlTlAL POLNT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC). seeks proposals for the display of two-dimensional .and/or three-dimensional artwork as part of the 2014 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hatl {33 E. Broadway Avenue, Meridian, Idaho}, and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total waQ space for hanging two- dimensional artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists voluntarily donate to MAC 20Y6 of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: Two-dimensional works displayed in initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art;.artwork on paper must be under glass or acrylic. Selectees must fill all or half of the gallery. Three- dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safelyfiung or displayed using the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapp{y biennially and if selected again, 75~ of the display must be artwork that has not been previously displayed in tnitia! Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists' work.. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2014 Initial Point Gallery Series must providethe following materials and information to MAC in order to be considered far selection. ~ Completed, signed Application £~ Acknowledgements form; Biography of the artist or informational statement regarding organization; • Letter of intent; • Five (5) digital images representational of the works proposed for display, on a CD (for organizations, each image must be of a different artist's work); and • $35 gallery maintenance fee (nonrefundable). Details and forms are available at the City's website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. Materials submitted wilt not be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 18,.2013. SELECTION PROCESS: The selection of art for the 2014 Initial Point Gallery Series will be made by MAC. MAC will notify selectees by letter sent U.S, Mail. In evaluating eligible proposals, the following factors willbe considered: • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with. City. policy and community values; and + Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian wilt provide selected artists/organizations with the following resources:: • Volunteers to assist artist/.organization with installing and removing each piece of artwork; • Track system for hanging 2D art and four enclosed pedestals for 3I) art; • Space for artist information and/or an information-board; and • Publicity of the exhibit through City contacts, loco[ media, and other informational forums.. ~NTACT MAC: By mail: By a-mail: Meridian Arts Commission Attn: 2014 Initial Point Gattery Series 33 East Broadway Avenue Meridian ID 83642 mac@meridiancity.or~ /~ Exhibit B D O 0 Z U w w w Z Z ~»~ ~ 11 ~ , 9 X ~~ ~ ~ ~ ~ f . ~ ' ~~ ~' 1~ ~ ~r ~ r t f 4, ~a ~~ ~ z 1 r ! ~(( ~ I I - , E gg ~~ ~ ~J j I' ,~. ` ~ ' 1 k» 1 t ~' ~~~~~ ~_ ~ _ ~ ~. Eu ~ ~ ~ Y~~~ i~, f~ ~ ~~~ . _~ t ~'~ , E ~~ 4~ ~3.~ j~ ,, ~ ~~,. ~~~a ~ ~ ~ 1 i ,~ ~,~- ~, ~~ f. ~_ ~~ -:i4~~ 1 ~; z~ -~. Jl ~~~''~_ ,~,' ..~` w~~ ~~~ ~ ~ "~"''. ~~~ ' ~~ t':c'~'.. J ,~ .. ~ ~ ~.~ ~,~ ~ P ~~ ;: ~ '~; ~ ~~ 1 _ 3 i ~~ 1 ~~ C~ ~~~ ~.v~ ~~ .r t ,~ ~t ~~,a ~' ~ ;,~ ~ ~ ~1 f _a L ;I ~~ :~.. ~~; ~1~~ ~~~ ~:~ ~, tii~~~ "~~'~{ { f ~~ - ~~' ~_ ~~~ ~ 1~y i ~, ~ jj J~~~b? i3 ~ i ~~ ~_ ~ ~ 1,`. ~4 #„ tl f~ ~ y ~~ ~ '6 Mer~dfan City Council A~leeting DATE: January 7, 2014 ITEM NUMBER: 5E PROJECT NUMBER: ITEM TITLE.: SEWER EASEMENT Wt?QDBURN WEST Sewer Easement for Woodburn West Subdivision No 1 ,._~_._ MEETING NOTES ~'J -~ ... Community I#em/Presentations Presen#er Contact Info./No#es CLERKS OFFICE F/NAL ACTION ~~: E,MIULED t0 STAFF SENT TO AQENCY SENT TO APPLICANT NOTES INITWLS Land Development Services Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 TO: Mayor Tammy de Weerd Members of the City Council FROM: Denny Cline DATE: 12/5/13 SUBJECT: Sewer Easement -Woodburn West Subdivision No. 1 I. RECOMMENDED ACTION A. Move to: 1. Approve a Sewer Main Easement for the City of Meridian, located in a future phase of Woodburn West Subdivision. 2. This easement provides the City of Meridian access to a public sewer main installed to provide service for a future phase, west of Woodburn West Subdivision No. 1. 3. Authorize the Mayor to sign the easement, and the City Clerk to attest. II. DEPARTMENT CONTACT PERSONS Bruce Chatterton, Community Development Director Bruce Freckleton, Development Services Manager Denny Cline, Development Analyst II ~~ Denny Cline, De lopment Analyst II 884-5533 489-0362 489-0371 Recommending Approval Bruce on, Development Services Manager Ph: 208.887.2211 • www.meridiancity.org • Fax 208.887.1297 Rev: 01/2013 AOA CQUNTY RECORDER Christopher 0. Rich AMOUNT .00 5 BOISE IQAHO 01/09/14 01:14 PM 11 11 DEPUTY Bonnie Oberbiilig III I~~~~~~~~~~~~'~1~~~~1~~~~~~~ ~~~ ~~~ RECORDED-REQUEST OF Meridian. City 114~~2~59 SANITARY SEWED E.45E?t9ENT TI-IIS II~IDEN'1'URE, made this ~ day of'~n ; 2Ol~between ~~tt ..~E.~- ,the parties of the f rst part, and hereinafter called the Grantors, and the City of aUleridan, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; W'ITNESSEI'H: WHEREAS, the Grantors desire to provide a sarata sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS,:the sanitary sewer is to be provided for through an underground pipelixle to be constructed by others; and WI-iERIyAS, it will be ztecessary tc~ maintain and service said,ppeline from time to tirrte bye ~ the Grantee, I~~t3W, THEREFC}RE, in consideration of the ner~e#its to bexeceived by the Grantors, and other good and valuable consideration, the Grantors do hereby dive, grant and convey unto the Grantee the right-of way` for an easement far the operation. and taintenance pf a sewer line aver and across the following described property:. (SI:;E ,4TTACHEL? EXHIBIT A and B) The easement. hereby granted is for -the purpose of construction and operation of a sanitary sewer line and their allied facilities, together with their maintenance, repair and replacement at the convenience ofthe Grantee, with the free right ofaccess to such fhcilities at any'and ail times. TD HAVE ANTS TtJ HOLM, the-said easement and ri~ltt-of-way unto the said Grantee, it's successors and assigns forever, IT IS EXPRESSLY LTIDERSTEaOD A14L} AGREED, by? and between the parties hereto, that after making repairs or performing ether maintenance, .Grantee shall restore tht~ area of the easement and adjacent property to That existent. prior to undertal.ing such repairs and maintenance. However, Grantee shall not be responsible far repairing, replacing or restoring anythir~ag placed'wiihin the area descrit~ed in this ;.asemerrt that was placed there in violation of this easement. THE CRANT(3RS hereb}~ coisenant-and agree that they will not place or allow to be placed any _permanent structures, trees, brush, sir perennial shrubs or flowers within the area Sewer Main Easement EASMT.S«'R /'~ described for'this ease~neat, 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 pare of the right-of--way and easement hereby granted shall become part of; or lie within theboundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which es a part thereof, shall cease and. become null and voi~.and of no further effect and shall be completely relinquished. THE GR~INTORS do hereby covenant with the Grantee that they are. la~~`fizl}}~ seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right tQ convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persgns whomsoever, N WITNESS WHEREOF, the. said. parties of the first part have hereunto subscribed their signatures the day.. y first. herein above written. v /'`~ President 197 ~. C7VC~la~~~d~~,~TS3~y1. ~~~ ~ ~ Secretary STATE OF IDAHO ) ss County of Ada _ )' On this. (1'~'` day of n10 r~n~-b e • . 201 ~ , before mc, the undersigned, a Notary F'ubtic in and fbr,said State, personally appeared- ~_o~r.~ !'~.r't~n and `~ ,known or identified to ` e to be the President and Secretary; respectively, of the corporateon that. executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WI-IERR)vpF, i have hereunto set my hand and affixed my official seat. the da} Arid yearfist above written, ~~~NINIIIIIIIq~~ ~~~~~`'~` ~lP A •~P,~~i'''i (SL~• ~• ~ ~ .. ~ OT Y s =,~ : N ~ °• _ ', _ ARY PUBLIC FC}R AHO • ~.~ .*_ • • Residing at:. V1 '; ~'UBLIC :• r Commission Expires: 1- t ~, ~ Sewer Main ''•OF~~``````~~ _ EASMT:SVVR llllllllil ~1 GRANTEE: CITY ~~" MERIDIAN ~. ..Tammy d e rd, May 8 ~~+ ~~~ Attest by cee L. Holman, C;ity~~lerk '> ~ _ ~~' ~; :y, c ~~ ~, Approved }3y City Council On: ~~a... ~ ~"~ STATE. ()F IDAHO ss County of Ada On this.. ~ day of~~'t+~vc.~F , 2U_!~__, before rne, the vnd~~rsi~,ttctl, a Notary Public in and fc~r said State, personail ppeareci TA~V(N!X DE WEERD and JAYCEE L. HOf,MAN, knowm to me to be the .Mayor and City Clerk, respectively, of the City of Meridian, Idahvt and who executed the within .instrument; and ackno~v,edged to me that the City of Meridian executed the same. IN WITNESS. W HEREOF, I have hereunto set my hand and affixed my off vial. seal the day and year "first above written, ,~~~~ ~~ t~~ ~,- ~ -~~ _ ~~~~, .. {SEAI,)~ ~~ ,~ ~_~ ;~ ~`~ d } ~~~~ .n Sewer Main Easement EASA~iT>S WR. EXH!$CT A IDESCRfPTiON FOR CITY aF IVktERli3lAhl SEWER BASEMENT WQC)DBURN WEST SUBDiVkStON NQ.1 A ukility easement (oeated in the SW 114 of Section 36, T. 4N,, R. 1N11., B.M., :Meridian, Rda County, Idaho, more particularky described as follows: Commencing at a brass cap monument marking the S1N corner of said Section. ~~ from which a brass cap monument marking the S 114 comer of said Section ~ bears South 88°43'02" East, 2662.29 #eet, Thence k+forth 53°49'52" East, 15QS.15 feet; Thence North 14°45'42" West, 2Q3.34't'eet; Thence North 72°30'04" East, 49.42 feet; Thence Forth 18°14'40'` West, 23.16 feet to-the REAL i?f31NT QF BEGINNING, Thence South 71' °45'2tl" ~: est, 44.22 {eet; Thence North 18°14'49" West, 20.00 feet; Thence North ? 1°45'2(1" Eastx •44.22 feet;" Thence South 18°14'4a"East, 20.00 feet to the RE~-L Pt~INT f3F Bf~GINNtI~IG. Con#aining 884 square feet, more or less ~ .N' J ~. 25 1Qp 0 5d 2flt} SCALE: 1" = 1 ~fi~' LINE 7ABL LINE' BEAR?~l~ LENv~H L'1 . N 72'30'04" E 49~ 4? ~~~ ~{ 58'14'40" W 23.16' t-3 ~ 71'45'2G" W 44.22' L4 N 18'14'4C" W 20.U0' ~-~ t6 N ?:i'45'2Q" E S 18'14'4G" E 44 22' ------y--,~ ~P~p1N~ ' "--- - ------- :20.00' T. 4~t., R. i W S 3~ S ~'~ E~RSlS OF BEAR#NG _ Sga•a3'oz'~ Zesz.zs' S~~i 1~4 2 S 1 W. kJSTICK R17 S1 T:.~3nt.. R. 1 W. '` ~ 1 ~ G,7 xh~'~ J 1 ~~~~' C'S~CTfi 0~ t~ ,fie ~~~~:~~ ,$ P.n{us'hana.n. i5.>ti Bef_'aPa_pia~...g ,.+_1,yp1 - p«si+r6 ti4s srwat• :_+6 _:-; ,.'A~3 ~4:.3:;.?ranr7 (~ „~~_~~~,,r~~ro~=~sT P~!~RtGtA,U SANER ~A5EM~P~1 i '~-``~ l ~~ C~ StPTE t>0 SHEiw T NO V J,~, '"~~`~ ~A~'bz WC~OC)BURN V{fEST SUBC~IVlSf4N NC}< 1 rp } ~ {~pBy aafi 8~ra VI'[Qi.J~~ ~•V• LOCA7E@ fN THE SW 1J4 bf 5EC71Cdd 3&. 1;4N., R.tW., @. Ai, DihG. DATE AAA C11tiNN illANlt Its-:ii-1.3 ~~ E IDIAN~-- IDAHO Community Development Department Land Development Selrvices Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 TO: Mayor Tammy de Weerd Members of the City Council FROM: Denny Cline DATE: 12/5/13 SUBJECT: Sewer Easement -Woodburn West Subdivision No. 1 I. RECOMMENDED ACTION A. Move to: 1. Approve a Sewer Main Easement for the City of Meridian, located in a future phase of Woodburn West Subdivision. 2. This easement provides the City of Meridian access to a public sewer main installed to provide service for a future phase, west of Woodburn West Subdivision No. 1. 3. Authorize the Mayor to sign the easement, and the City Clerk to attest. II. DEPARTMENT CONTACT PERSONS Bruce Chatterton, Community Development Director Bruce Freckleton, Development Services Manager Denny Cline, Development Analyst II ~~ Denny Cline, De opment Analyst II 884-5533 489-0362 489-0371 Recommending Approval ~ Bruce kl on, Development Services Manager Ph: 208.887.2211 • www.meridiancity.org • Fax 208.887.1297 Rev: 01/2013 Meridian City ~Qelncil Meeting DATE: ,January 7, 2014 ITEM RllMBER: 5F PROJECT NUME3ER: ITEM TITLE: MERIDIAN-F04D BANK - CDBG Meridian Food Bank CDBG PY13Snb-Recipient Agreement MEETING NaTES ~~~~~~~ ~~ Community Item/Presentations Presenter Contact InfoJNotes CLERKS OFFICE FINAL ACTION ~~: E-MAILED TO SENT TO SENT TO ~~ ~NrriALB STAFF AC~fENCY APPLICANT SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND MERIDIAN FOOD BANK !`1 FOR PY 2013 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS '" 20 l ~ b and between the City of This Agreement is entered into this ~~_ day of ~ y « ~~ and Meridian Food Meridian, a municipal corporation organized under the laws of the to of Idaho (City ) Bank, Inc., a nonprofit charitable corporation organized under the laws of the state of Idaho ("Subrecipient"). WHEREAS, City is an entitlement community, and as such has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, i.e. Community Development Block Grant ("CDBG") funds; and WHEREAS, Subrecipient assists individuals and families by providing food, which activity complements the objectives of the CDBG program; and WHEREAS, City and Subrecipient wish to enter into a cooperative agreement for the investment of CDBG funds from Program Year 2013 (PY13); NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. SCOPE OF SERVICE A. Activities. Subrecipient shall use City's PY13 CDBG funds in the amount of thirty thousand dollars /"~, ($30,000) to purchase food supplies for distribution at the Meridian Food Bank, located at 133 W. Broadway Avenue, Meridian, Idaho. Subrecipient shall be responsible for administering its PY2013 CDBG funds in a manner satisfactory to City and consistent with any and all required as a condition of providing these funds. B. National 06jective. Subrecipient certifies that the activities carried out City's PY13 CDBG funds provided by City under this Agreement will meet one or more of the CDBG program's National Objectives as defined in 24 CFR § 570.208. Specifically, Subrecipient's activities under this agreement shall provide a new public service (24 CFR 570.201(e)) to limited clientele (LMC) (24 CFR § 570.208(a)(2)). C. Levels of accomplishment. 1. Goals. Subrecipient shall undertake activities pursuant to this Agreement to serve two thousand (2,000) people. 2. Performance measures.. This project will provide food for LMI persons. In addition to the normal administrative services required as part of this Agreement, Subrecipient agrees to document and report on each and all of the following outcomes: a. Family size (number of individuals) of each person or household assisted; and b. Household income of each person or household assisted; and c. Race and ethnicity of individuals assisted; and /" ~ d. Number of individuals gaining new access to services provided; and ~ e. Number of individuals gaining improved access to services provided. D. Staffing not funded. Subrecipient agrees that no CDBG funds will be utilized for staffing. PY 13 SUBRECIPIENT AGREEMENT -MERIDIAN FOOD BANK PAGE 1 OF 13 E. Performance monitoring. City will: monitor the performance of Subrecpiient against goals -and ~ perfarrnance measures as set Earth herein. Performance monitoring shall include City':s review of Subrecipients' submitted docurne~xts for accuracy and completion, as well as an oix-site visit from City's CDBG Administrator to review the completeness and accuracy of records maintained. Substandard performance as determined by City shall constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within fourteen days {14) after being notified by City, Agreement suspension or termination procedures will be initiated. F. Time of performance. Services of Subrecipient shall. start an ar before December 1?, 2013 and end on September 30, 2414. The term of this Agreement and'the provisions_herein shall. be extended to cover oily additional time period during which Subrecipient remains in control of CDBG fiends or other CDBG assets, including program income. G. Progress Reports. Subrecipient shall submit,a regular Progress Report, ire the farm and content as required by City, with every draw request. if Progress Reports are delinquent, draw requests will riot be processed. until the delinquency is cured.. Progress Reports must contain. information an outcome-based measurements as outlined in this Agreement. II. ADMINISTR,A.TTVE REQUIREMENTS' A. Uniform admiinistratve requirements. Subrecipient shall comply with applicable uniform. administrative requirements:, as described in 2A~ CFR ~ 57Q.506. ~ B. Financial Management.. 1. Budget` Subrecipient agrees that it shall use City's PY13 :CDBG funds in the amount of thirty thousand dollars {$.30,000) to purchase food. assistance to LMI persons. City may require;a detailed budget breakdown,, and Subrecipient shall provide such information in a timely fashion, and in the. foi7n and content prescribed by City. 2. Supplementation of other funds: Subrecipient agrees to utilize. funds available under this Agreement to supplement,,rather than supplant, funds otherwise available, 3. Accounting Standards::: Subrecipient agrees to comply with 2~ CFR. §§ $4.21 through 84.28, and further agrees to: adhere to the accounting principles and procedures required therein, utilize .adequate internal controls, and maintain necessary source: dacumentatian far all costs incurred. 4. Cost Principles.. Subrecipient shall administer its program in conformance with OMB Curular A- 122, "Cost Principles for Non-Profit organizations." These principles shall be applied for .all costs incurred, whether charged on a direct or indirect basis. 5. Certification of financial' management system.... Payments shall be contingent.: upon HUD's certification of Subreeipient's financial management system in accordance with. 24 CFR § 84.21. Cx Subrecipient Orientation Workshop,. Subrecipient agrees to meet with City's CDBG Program ~ Administrator prior to submitting the first draw request to City. City will not process draw requests unless and unril Subrecipient attends this meeting. 7. Client Data. Subrecipient shall maintain client data demonstrating client eligibility for services ,provided. Such data shall include, but not be limited to: client name, address, income level. or other Pv 13 SUBREGIPIENT AGREEA9ENT - Math!?IAN FOOD B ANK PACe: 2 C)F 2 basis for determining eligibility, and description of service provided. Such information shall be trade available for review upon City's request. $. Disclosures. Subrecipient understands that client information collected under this Agreement is private and the use or disclosure;of such information, when rat directly c;annected with the administration of City ar Subrecpi,ent's responsibilities under this Agreement, is prohibited by the .Financial Privacy Act unless written consent is obtained from such person receiving service and, in the case of a rrlinar, that of a responsible parent/guardian. 9. Property Records. Subreeipient shall maintain real. property inventory records that clearly identify properties purchased, improved or sold. Properties retained shall. continue to meet eligibility criteria... 10. Closeout.. Subrecipient's obligation to City shall not end until all closeout requirements are completed. Activities during this closeoutperiodshall include, but shall rat be limited to: making l"inal payments, disposing of program assets (including the retun~ of all unused materials, equipment, unspent cash:advances, program income balances, and accounts receivable to City), and determining the custodianship of :records. Notwithstanding the foregoing, the terms of this Agreement shall.. remain in effect during any period that Subrecipient has contral aver CDBG funds, including program income, 11. Audits and inspections. All Subrecpent records with respect to any matters covered by this Agreement shall be made available to City, HUD ar its agent, or other authorized federal officials, at any time during normal business hours.,. as often as deertted necessary,. to audit, examine,; and make excerpts or transcripts of all relevant data far pl.Irposes of investigation`to ascertain compliance with ~ the rules, regulations and provisions stated herein. Any deficiencies noted in-audit reports must be fully repaired by Subrecipient within thirty {30) days after receipt of such report by Subrecpient.. Failure of Subreeip%ent to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Subrecipient-hereby agrees to have an annual agency audit eanducted in accordance with. current City policy concerning audits and as applicable,.. ©MB Circular A-133. Sub-recipient shall. comply with.. OMB Circular A-1:33, Subpart B, Section 2.00{a) which_requires that. all non-Federal entities that expend $500,040 or more in a yearhave-asingle-orprogram-specific audit conducted in accordance with A-1.33. Sub-recipiet~zt shall be willing to allow inquires framthe City about the sub=recipient's financial statements and single audit reports. If subrecipient is subject to this .requirement, a copy of the audit report shall be provided to the City within 34 days of completion of the audit. C. Payment Praceclures. 1. Program Income. The activities governed by this agreement are not anticipated to generate program income as Subrecipient shall not charge its-members. for the service.. Any change to the activities described herein that. will generate program income shall require an amendment to this agreement. ~. Indirect Costs. Indirect costs are not eligible far CDBG funding: ~ 3. Payment Procedures. City will pay to Subrecipient funds available .under this Agreement based upon information submitted by Subrecpient and consistent with any approved budget and City policy concerning payments. With the exception of certain: advances,. payments will be made for eIigiblc expenses actually incurred by Subrecipient, and not to exceed actual cash requirements. PY 13 S U BIZ ECIPIENT .4GRBEMENT-MERIDIAN FOOD B ANIC PAGE 3 OP 3 Payments will be adjusted by City in accordance with advance fund and program income balances available in 5ubrecpient's accounts. In addition, City reserves the right to liquidate funds available ~ under this Agreement for costs incurred by City on behalf of Subrecipient. 4. Draw requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed $30,OOQ. Drawdowns fbr the payment of eligible expenses shall be made against the activity specified, in accordance with performance and as expenses are incurred by .Subrecipient. Draw requests shall only be accepted on official. City andfor HUD forms and must be completed in full to be processed. All draw requests are to be submitted monthly, no later than twenty-one (21) days after the end of the month for which reimbursement is being submitted.. Draw requests shall include the: following: draw request. form; progress. report; beneficiary income eligibility documentation; transaction detail, HUD-1, and related summary information;. and proof of payment by Subrecipient. Final draw under this Agreement will be submitted by Subrecipient no later than September 20, 2014 unless otherwise agreed in writing. 5.I+}unds transfer. Pursuant to 24 CFR § 570.503(b)(7), upon expiration of this Agreement, Subrecipient shall transfer to City any CDBC funds on hand at-the time of expiration and-any accounts receivable attributable to the use of CDBG funds. 6. DUNS number. Subrecipient shall comply with requirements established by the Office of 1VIanagement and Budget ("OMB") concerning the Dun and Bradstreet Data Universal Numbering System ("DUNS"),...:the Central Contractor Registration database, and the Federal Funding Accountability and Transparency Act, including Appendix A to Part 25 of the Financial Assistance L1se of:Universal Identifier and Central Contractor Registration, 75 Fed. Reg. 55671 (Sept.. 14, 2010) ~ (to be codified at 2 CFR part 25) and Appendix A to Part: 170 of the Requirements far Federal Funding Accountability anal Transparency Act Implementation, 75 Fed. Reg. 55663 {Sept. 14, 2410) (to be codified at 2 CFR part 170). D. Procurement. 1. Compliance with. policies. Subrecipient shall comply with current Federal and City policies. concerning the purchase of equipment. and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured: with funds provided hereunder, 2. OMB Standards.. Subrecipient shall procure all materials in accordance with the requirements of 24 CFR § § 84.40 to 84.48. 3. Travel. Subrecipient shall obtain written approval .from. City prior to .any travel outside the Boise metropolitan: area with funds provided under this Agreement. E. Use-.and Reversion of Assets. The- use and disposition of real property and equpmentunder the Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR § § .570.502 through 570.504,.. as applicable, which include, but are not limited to, the following:, 1. Records. Subrecipient shall maintain meal property inventory :records,.. which: clearly identify properties purchased, improved or sold. 2. National Objectives: met for five {5) years. Pursuant to 2:4 CFR § 57(}.503(b)(7)(i), real .property that is acquired ar improved, in whole or in part, with funds under this: Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives until five (5) years after expiration of this Agreement. If the- use of the CDBG-assisted real property fails to meet a CDBG PY13 SUf3ItkCIPIEN'r AGREEMENT -MERIDIAN FooD $ ANK PAGE 4 ON 4 National Objective far this prescribed period.:of time, Subrecipient shall pay City an amount equal to the current market value of the property, less any portion of the value attributed to expenditures pf ~ non~CDBG funds far acquisition of or improvement to the property. Such payment. shall constitute program. income to City, Subrecipient may retain real property acquired or improved under this Agreenac:nt after the. expiration of the five-year period. 3, Sale of equipment. In ail cases in which equipment acquired. in whole ar in part with funds under this Agreement is sold, the proceeds shallbe program income, prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment. Equipment purchased with funds received under this Agreement,but not needed by the Subrecipientfor activities under this ..Agreement shall be {a) transferred to City far the CDBG program ar (b) retained after compensating City an amount equal ta'thecurrent fair market value of the equipment less the percentage of non.- CDBG funds used to acquire the equipment. F, Records and reports. 1. Records to be maintained. In addition to specifc_records mentioned. in this Agreement, Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including, but not limited. fo, those required by the'Federal regulations specified in 24 CFR § 570.506, and: a. FulLdescriptians and records of each activity undertaken; b. Records related to activities meeting the National Objectives; c. Records required to determine the eligibility of activities for CDBG funding; d. Records required to document the :acquisition, improvement, use_or dispositianaf real property ~ acquired or improved. with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG Program;. f. Financial records,. as required by 24 CFR §§ 84:21 through 84.28_and 570.502; 8. Other records necessary to document compliance with 24 CFR Part 570,. Subpart K, except that Subrecipient does not assume City's responsibilities under 24 CPR § 5'10.604 and part 52. 2. Records retention., Subrecipient shall. retain all records .pertinent to the expenditures incurred antler. this Agreement for a period of five (5) years after the termination of all activities funded under this :Agreement, defined' as the .date of the submission taf City's final annual performance and evaluation report to HUD. Records far non-expendable property acquired`with funds under this Agreement. shall. be retained for. five {5} years afterlinal disposition of such property. If, prior to the expiration. of the five-year period, any litigation,. claims, audits, negotiations or other actonsbegin that involve any of the records cited, such records shall be. retained until .completion of the actions and resolutions of all issues, or the expiration of the five-year period, whichever occurs later. IIl<.EI~PLQ`'~NiENT AND,LAB012 C(3NDITIt}N REQUIREMENTS A. Civil Rights Act. Subrecipient agrees to comply with Title. VT of:the Civil Rights Act of 1964 as amended,l'itle VII of-the Civil Rights Act of 1968 as amended, Section 104(b) and Section .109 of Title I of the Housing and Community Development Act of 1974,. Section S04 of the Rehabilitation Act. of 1974, the Americans with Disabilities Act of 1990, the Age Dsci•inunation Act of 1975, Executive Order 1 lOb3, the Executive Order 11.246 as amended by Executive Order 11375 and 12086, and 24 CFR /"~ 570.601 and 570.b02. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, Subrecipient shall cause or require a covenant running with the land to be inserted n,the deed orlease far such transfer, prohibiting discrimination as herein defused, in the sale, lease or rental, or in the use ar occupancy of such land; ar in any improvements erected or to PY13 SUBR~IF~TE.NT AGREENI~IT- M~RIDiAN Paav $ANK PAGES (7H S be erected thereon, providing, that City and the United .States are beneficiaries of and entitled to enforce such:.covenants. Subrecipient, in undertaking its obligation tocarry out the program assisted hereunder, ~ agrees to take such measures. as are necessary to enforce such covenant, and will not itself so discriminate„ B. Nondiscrimination. Subrecipient agrees to comply with the non-discrimnation_n employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR § 570:607, as revised by Executive Order 13279.. The applicable non-discrimination provisions in Section 1.09 of the HCDA are also applicable. Subrecipient will not discriminate against any employee or applicant for employment or services because of race, color,.. creed, religion., ancestry, national. origin,. sex, disability or other handicap, age, marital status or status with regard to public assistance. Subrecipient will take affirmative action to insure that all. employmentpraetices are free from such discrimination. Such. employment practices include but are not limited to the following: luring, upgrading, demotion, transfer, recruitrnentor recruitment advertising, layoff, termination,-rates of pay or other farms of compensation, and selection for training,. including apprenticeship.. C ADA section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1:973,: (29 U.S.C. § 706) which prohibits discrimination against the handicapped in any Federally-assisted;pr4graln. Gity shall provide Subrecipient with any guidelines necessary for compliance with. that portion of the regulations in force during the term of'this Agreement. 1? Affirmative Action, 1. Approved Plan. Subrecipient agrees'that it'shall be committed to carry out: pursuant to City's ~„~ specifications an Affirmative Action Program in keeping with the principles as provided in President's_Executive Order 11246 of September 24, 1966. City shall provide Affirmative Action guidelines to Subrecipient to assist in the formulation of such program. Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 2. Wamen~ and Minority-Owned Businesses. Subrecipient shall use :its best efforts to afford srtrall businesses, minority business enterprises, and women's business enterprises the maximum. practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means abusiness at least fifty-one (51) percent: owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. Subrecipient may rely an written representations by businesses regarding their status as minority and female. business. enterprises in lieu of an independent investigation. E. Notifications. 1. Notice to woi•i~ers Subrecipient wi11 send to each labor union or representative of workers with. which it has a collective bargaining agreement or other agreement or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of Subrecipient's conunitinents hereunder, and shall past copies of the notice inconspicuous places ~ available to employees and applicants fot: employment.. 2. Solicitations for employment. Subrecipient will, in all solicitations or' advertisements for employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or Affirmative- Action employer: PYl3' SUBRBGiPIENT AGREEMENT-1VIERIDIAN 1"00[? RANI{ PAGE 6 C3E7$ F. Frohil~ited Activity. Subrecigient is prohibited-from using funds provided herein or personnel ~,., employed in the administration of file program for political activities; sectarian,. or religious activities:; lobbying, political patronage, and nepotism activities. 1. Political actWities~ Subrecigient agrees. that no funds provided,: nor personnel employed under this Agreement, shall be in any way or to any extent engage in the conduct of political activities in violation of the Hatch Act (Title V, Chapter 1.5, U.S.C..}. 2 Religious activities.. Subrecigient agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious :organization in accordance with the Federal regulations specified in 24 CFR § 570.200(j). G. Labor standards. Subrecigient agrees to comply with;the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended; the provisions of'Agreement Work Hours and Safety Standards Act; the Copeland "Anti.-I~ic)~baclc" Act (40 U'.S.C. §§ 2'76a, 276c, and 327); and all other applicable Federal, state andlocal laws and regulations pertaining to labor standards insofar as thaw acts apply to the performance of this Agreement. Subrecigient shall maintain documentation which demonstrates caznpliance-.with the hour and wage requirements of this park. Such documentation shall be .made available to City for review upon request:.. Subrecigient further agrees that all. Contractors engaged under contracts in excess of $2,000.00 for construction, renovation orrepair of any building or wark financed in whole or in part with assistance provided under this Agreement shall comply with Federal requirements pertaining to such Agreements .and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 -and ~ governing the payment of ~,.,\ wages and ratio of apprentices and trainees to journey workers; provided, that if wage rates higher than. those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Subrecigient of its Obligation, if any, to require payment of the higher wage.... ti. Section 3 of the JEIousing and Urban Development Act of 19'68. 1. Compliance. Compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended (l2 U.S.C. § 1701) ("Section 3"), the regulations set forth in 24 CFR Part 135, and all applicable rules and orders issued thereunder prior to the .execution. of this .Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and shall be binding. upon City, Subrecigient and any of Subrecpent's subrecpients and/or subcontractors. Failure to fulfill these requirements.-shall subject City, Subrecigient and any of Subrecigient"s subrecipients and>subcontractors, their_suceessors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. Subrecigient certifies and agrees that',no contractual or other disability exists that would prevent compliance with these requirements. 2. Subeantraet language.. Subrecigient further agrees to include the following language in all :subcontracts executed under this- Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C, § 1'701}. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to law and very low income residents of the project. area and .Agreements for wark in connection with the project be awarded to business concerns that provide r`1 economic opportunities for low and veiy low income persons residing. in the metropolitan area in which the project is .located." 3. Employment of law- and. very-low-income persons. Subrecigient further agrees to ensure that PY13 SUSR.ECIPt~NT AGREFNtF,NT - MERIDIAN FQOD $ANK PAGE 7 CAF 7 opportunities for training and employment arising in connections with. a pausing rehabilitation. {including reduction and abatement of lead-based paint hazards),: housing construction, or other ~,..,\ public construction projects are given to low and very-low income person residing within the metropolitan area in which the CDBG~funded praject_is located; where feasible, priority should be given. to low and very low income persons within the service aiea of the project or the neighborhood in which the project is located, and to low and very sow income participants in other HUD programs; and award contracts for work Undertaken in connection with a housing rehabilitation (including reduction and. abates-Went of lead-based panthaz~u-ds), housing construction, or other public construction. project are given to business concerns that provide economic opporturities for low and very low income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should'. be given to business concerns which provide economic opportunities: to low and very low income residents within. the service area of the neighborhood. in which the project is located, and to low and. very low income participants in other HUD programs. Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these .requirements. 4. Notifications. Subrecipient agrees to send tt~ each labor organization or representative of workers with which it has a collective bargaining agreement or other contractor understanding, if any, a notice advising said labor'organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice .inconspicuous places available to employees. and applicants for employment or training. 5. Subcontracts. Subrecipient will include this Section 3 clause in every subcontract and will take :appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of ~.,~ regulations issued by the grantor agency. Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been .found in violation of regulations under 24 CFR Part 135 and will not let any subcontract. unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations.. I. Conflicts of Interest. Subrecipient agrees to abide by the provisions of 24 CFR §§ 84.42 and.. 570.611m, which include, but are not limited to, the fallowing: 1. Code of Conduct.. Subrecipient shall-maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of Agreements supported by Federal funds.. ~. Contract selection. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the. award, or administration of, a contract supported by Federal funds if a conflict of `interest, reaLor apparent, would. be involved. 3. Self-interested conh•a+~ts and nepotism. No persons who exercises or have exercised any functions. or responsibilities with respect to CDBG-assisted activities, or who are in a position. to participate. in adecision-making process or gain inside information with regard to such activities,. may obtain a financial. interest in any Agreement, or have a financial interest in any contract, subcontract; or agreement with respect to the CDBG-assisted. activity, either for themselves or those with who they have business or immediate family ties, during their tenure or for a period of one.{1) ye~>,r thereafter. ~ For purposes of this paragraph, a "covered person"includes any person who is an employee, agent, consultant, officer, or elected or appointed official of City, the Subrecipient,, or aiiy designated public. agency:: J. Lobbying. The following certification. is a material representation of fact upon which reliance was PY13 SUB1tECIN)1;~"1' AGRtEMENT -:MERIDIAN FoOA BANK PAGI $ OF $ placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering-into this transaction imposed by section 1352,. title 31, U.S.C. Subrecipient ~ hereby certifies that: 1. No Federal appropriated.. funds have been paid or will be paid, by ar on behalf of i.t„ to any person for influencing or attempting to influence an officer ar employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Agreement, the making of any Federal. grant,.. the making of any Federal loan., the entering into of any cooperative agreement, and the extension, continuation, renewal:,. amendment, or modification of any Federal Agreement, grant, loan, or cooperative agreement;. 2. If any funds other than Federal appropriated funds have been paid or will be paid to anyperson far influencing attempting to influence an officer or employee of'any agency, a Member oP Congress, an officer or employee of Congress,. or an employee of'a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, it will .complete. and submit Standartt Form-LLL, "Disclosure Form to ReportLohhying," in accordance with-its instructions.; 3, Subrecipient will require that the following language be included .in the award documents for all sub- awards. at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that. ail subrecipients shall. certify and disclose. accordingly: ``"Phis certification is a material representation of fact upon which reliance was placed when this transaction: was .made or entered into.. Submission of this certification is a prerequisite for making or entering' intaths transaction imposed by 31 U.S.C, ~ 1352. Anypersan who fails to file the required certification shall be subject to a civil penalty of not let less that $10,000 and not mare than ~ $100,0001 for each such failure:." tV. ENVIRONMENTAL CO`1DITIQNS A. Air and Water. Subrecipient specifically agrees to comply with the following regulations insofar as they applyto the performance of this Agreement: L Clean Air Act, 42 U.S.C.. §'§ 740'1, et secy. 2. Federal. Water Pollution Control Act, as amended, 33 U.S.C. §§ .1251, et seq., relating to inspection, monitoring, entry reports, and information, as well as other requirements specified in said: Act, and `all regulations and guidelines issued thereunder. 3. Environmental .Protection Agency (EPA} regulations pursuant to 40 C.F.I. Part 50. B Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act. of 1973 (42 U.S.C. § 400E}, Subrecipient shall assure that for activities. located in an area identified by FEIVIA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained. as a condition of financial assistance far acquisition or constnzction purposes (including rehabilitation). C: Lead-Based Paint. Stbrecipient .agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Faint Regulations,.. ~ 24 CFR Part 35, implementing Title X of :the Housing and Community Development Act of 1992.: These regulations revise the CDBG lead based paint requirements. under 24 CFR § 570.608. Such regulations,pertain to Ili CDBG-assisted housing and zequire that all owners, praspecti~e owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include PY 13 SUBREGIPIENTAGREEMENT-MERIDIAN FOOD BANK PAGES CJF9 lead-based paint. Such..notifieation shall paint out the hazards of lead-based paint and explain the symptoms, treatment and precautions that. should be taken when dealing with lead-based paint poisoning /..,~ and the advisability and availability of blood level screening for children under seven. The notice must also point :out that if lead-based paint is found on the property,: abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property; paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set Earth in the National Flistaric Preservation Act of 196.6, as amended (16 U.S:C. § 470) and the procedures set forth in 36 CFR Fart. 800, Advisor Council on >-listorc Preservation Procedures for Protection of Properties, .insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years or older or that are included on a Federal, state or local Historic pxoperty list. V. GENERAL CONDITIONS A Notices. All notices required to be .:,given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: -City of Meridian. Meridian. Food Bank Attn: Lori Den Hartog Attn: Dan Clark. CDBG Program. Administrator Chairman, Board of Directors 33 E. Broadway Avenue 133 W. Broadway Avenue ,,,~ Meridian, Idaho 832 Meridian, Idaho 83642 Either party may change its authorized represet7tative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. Compliance with laws.. Subrecipient agrees to comply with-HUD regulations concerning CDBG funds, including, but not limited to, 24 CFR Part 570 and subpart K of such regulations. Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and. policies governing the funds provided under this Agreement, except that: (1) Subrecipient does-not assume the. recipient's;environmental responsibilities described in 24 CFR 570.604, and (2) Subrecipient cues not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Fart 52. C. Copyright! Contracts of agreements for the performance of experimental. developmental or research work shall provide for the rights of,the Federal Government and the recipient in any resulting invention. in accordance with 37 CFR Fart 4fl1, "Rights to Invetatons Madc by Nonprofit. Organizations and Small Business Firms. Under Government Grants Contracts and Cooperative Agreements." D. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be eonstrl~ed in any manner, as creating or establishing the relationship of employer/employee between the parties.. Subrecipient shall at all times-remain an independent Contractor with respect to the services to be performed under this Agreement.. City shall provide no benefits or insurance coverage whatsoever to Subrecipient and/or to .its agents. E. Indentnity. Subrecipient, and each and all of its employees, agents., contractors, officials, officers, servants, guests, and/qr invitees, and all participants in Subrecpient's programming, shall hold. harmless, defend and indemnify City from.. and fox all such losses, claims, actions., and/or judgments for damages or injury to persons or property and/or losses and expenses caused or incurred by Subrecipient PY 1.3 SLtBREGIPTENT AGR F..FMENT -MERIDIAN FaUIa B ANiC PAGE 't 0 OF I0 and/or its employees, agents,, contractors, gfficials, officers, servants, guests, and/or invitees, and participants in its programming, and other casts, including litigation-costs and attorneys' fees, arising ~...~ owt of, resulting from, or in connection with the performance of this Agreement by Subrecipient and/or Subrecpient's employees, agents, contractors, subcontractors, officials, officers,. servants, guests, invitees, participants, and/or volunteers and resulting in and/or attributable: to personal injury, :death, and/or damage and/or destruction tp tangible or intangible property: F. Workers' Compensation. Subrecipient shall provide Workers' Compensation Insurance coverage for all employees involved in the perfo>•mance of this Agreement. G. Insurance-and banding. Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from Ions due to theft, fraud and/or undue physical damage. Further, Subrecipient shall comply with the bonding and insurance requirements of ~,4 CFR §§ 84.31 and 84.4$. H. Grantor Recognition. Subrecipient shall publically recognize the role of City in providing services under this Agreement:.. 1n addition, Subrecipient will include. a reference to the st~ppart provided herein in all publications made possible with funds made available under this Agreement. I. .Amendments. The parties'hereto may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each party, 'and approved by City's governing body. Such amendments shall not invalidate this Agreement,.. nor relieve or release either party from. its obligations under this: Agreement. City .may, in its discretion, amend this Agreement to conform with Federal,: state or Iocal governmental: guidelines, policies and available funding amounts, or for other reasons:. >f such ~,.~ amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken. as part of this Agreement, such modifications will be incorporated only by written amendment signed by both parties:.. J. Termination. 1. Native of termination. Either party may terminate this Agreement by„ at least 30 days before the effective date-of such termination, giving written notice to the other party of such termination and .:specifying the effective date thereof.. 2. Partial termination. Partial terminations of the Scope of Service as set foi`th herein may only be undertaken with the prior approval of City:.. 3. Work completed. In the eventof any termination for convenience, all finished or unfinished documents, data, studies,. surveys, maps, models, photographs, reports of other materials prepared by Subrecipient under this Agreement shall, at the option of City, became the property of City, and Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed an such documents or materials prior to the termination: 4. Termination far convenience, In accordance with 24 CFR § 85.44, suspension or termination of the Agreement, ici whole or in part, may occur for' convenience.. ~ S. Termination for material noncompliance. ,)n accordance with. Z4 CFR § 85:.43, suspension ar termination of the Agreement, in whole or in part, may occur if Subrecipient materially fails to comply with any term of this Agleerrxent, which shall inclitdc, but shall not be limited to, the following: a. Failure to comply with. any of the rules, regulations or provisions= referred to herein, ar such PY 13 $USRr;CIPIENT AGREE+ME[~IT- MERIDIAN Faan-:BANK PAGE 1 1 OF 11 statutes, regulations, executive orders, and HUD guidelines, .policies or directives as may become applicable at any time, ~ b. Failure by Subrecipient to fulfill in a timely and proper manner its obligations under this- Agreement; c. Ineffective or improper' use of funds provided under this Agreement; or d. Submission by .the Sulrecipient to City reports that are .incorrect or incomplete in any material respect. 6. Penalty for material noncompliance.- Iri addition to suspension or termination of this Agreement andlar any other remedies as providedby law, upon a finding of material noncompliance, City may declare Subrecipient ineligible for any further participation in City GDBG programming. In the- .event there is probable cause to believe Subrecipient is in noncompliance with any applicable rules or regulations, City may withhold up to fifteen (15) percent of said Agreement funds until such time as Subrecipient is found to be incompliance by City, or is otherwise. adjudicated to be in compliance. , K. Assignment. Subrecipient shall not assign or transfer any interest in this agreement without prior written consent of City; provided, however, that claims for money-.due or to became due to Subrecipient from. City under this Agreement may be assigned. to a bank, trust. company, or other financial institution without such approval'.. Notice of any assignment or transfer shall be furnished promptly to City.. L. Subcontractors. 1. City must approve. Subrecipient shall not. enter into any subcontracts with any agency or individual in the performance of-this Agreement without the prior written consent of City. All subcontracts entered into in the performance of this Agreement shall be awarded pursuant to any applicable provisions of the City Purchasing Policy and/or local, state, or federal laws. 2. Monitoring. Subrecipient shall monitor all subcontracted services on a regular basis to assure contract compliance:. Results of monitoring efforts shall be summarized in written .reports and supported with documented evidence of fallow-up actions taken to correct areas of noncompliance. Subrecipient shall furnish and cause each of its awn. subrecpients or subcontractors to furnish all information and reports required hereunder and will permit access to its backs., .records and accounts by City, HUD or its agent, or other authorized Federal officials for puarposes of investigation to ascertain compliance with the rules, regulations and provisions stated heroin. 3. 5ubcontraetcontent. Subrecipient shall cause all provisions of this Agreement in their entirety to be included in and made; a part of any subcontract executed. in the performance of this Agreement. Specifically, without limitation, Subrecipient shall inch~de the provisions of this Agreement regarding Civil Rights and.. Affirmative Action in every subcontract orpurchase order, specifically or by reference, to ensure that such provisions will be binding upon-all subcontractors. 4. Documentation. Executed copies of all subcontracts shall be forwarded to City along with documentation concerning :the selection. process. M. Relocation, real' property acquisition, and one-.far-one housing replacement.:Subrecipient agrees ~ specifically, without limitation, to comply with; 1. The Uniform Relocation Assistance and Real_Property Acquisition Policies Act of 1970, as amended (URA),.. and_implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); 2. The requirements of 24 CFR 57©.b06(c) governing the Residential Anti-displacement and Relocation Assistance Plan under section I04(d} of'the HCD Act; and PY13 S[7$RECtPIENT AGR~1?MENT-MFt210lAI*I FaoD BANK PAGE 12 {7F 1.2 3. The requirements in 24 CFR 570.606(d) governing optional relocation policies. Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR /'~ 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. N. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. O. Severability. If any provision of this Agreement is held invalid, the reminder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. P. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. Q. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder maybe asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. R. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and Subrecipient... ~"'1 IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. SiJ$RECIPIENT: STATE OF IDAHO ) eridian Food Bank ) ss: C---~w-~--- County of _) ('} ~''' I HEREBY CERTIFY that on this J day of t.~ ". `'~ ; ~ By: Dan Clark, Executive Director before the undersigned, a Notary Public in the State of Idaho, personally appeared Dan Clark, proven to me to be the person who executed the said instrument, and acknowledged to me that such person executed the same. at[lp~ IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ~'~ A~ Y ~R 'c.17 [~1c .~11 ~_ ---~.. •~ ,/~ 4 Notary Public for Idaho l~1~v, ~ Residing at ~' f1'l~. "~ i'~.C-c`-~l~ti-- ,Idaho 4! My Commission Expires: l~ ` ~f' - a~l-`~ ~rA~B OF:~ CITY: ~''''` City of Meridian Attest: ''/ ~t v °u' "'` °t cee man, i Clerk By: T Weerd, Mayor ~~El?It~'1,~N~- y y .~~ a I O M F! O "~ SL~L ti F~~ ~ V P9 fl~~de TAE 4SL~E PY 13 SUBRECIPIENT AGREEMENT -MERIDIAN FOOD BANK PAGE 13 OF 13 Meridian City Council Nesting DATE:. January 7, 2014 ITEM NUMBER: 5G PROJECT NUMBER: ITEM TITLE: BOYS AND t3IRLS CLUB - CDBG Boys and Girls Club CDBG PY13 Sub-Recipien# Agreement MEETING NOTES ~.. ~~~~~~~ ~`'~~~~ r~~ti'~~ Community Iti'~esentatians Pre~snter Con#ac# in#oJNotes ._~ ~_,_~, CLERKS OFFJCE FINAL ACTION ~~' END TO 8TAFF 86NT TO AQENCY SENT TO APPLICANT NOTES INITW.3 SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND BOYS AND GIRLS CLUB OF ADA COUNTY ~,.~ FOR PY2013 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT is entered into this ~~ day of , 2014, by and between the City of Meridian ("City"), a municipal corporation organized under the ws of the State of Idaho, and the Meridian Boys and Girls Club, a branch of the nonprofit organization Boys and Girls Club of Ada County, organized under the laws of the State of Idaho ("Sub-recipient"). WHEREAS, City is an entitlement community, and as such has applied for and will receive funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, i. e. Community Development Block Grant ("CDBG") funds; and WHEREAS, Subrecipient provides programming and activities to inspire and empower all youth, particulazly low- and moderate-income youth, to realize their full potential as productive, responsible and caring citizens, which activity complements the objectives of the CDBG program; and WHEREAS, City and Subrecipient wish to enter into a cooperative agreement for the investment of CDBG funds in Subrecipient's programming during Program Year 2013 (PY2013); NOW, THEREFORE, it is agreed by the parties hereto as follows: I. SCOPE OF SERVICE ~ A. Activities. Subrecipient agrees that it shall use City's PY2013 CDBG funds in the amount of fourteen thousand dollars ($14,000) to provide scholazships for LMI children (under the age of 13) for the purpose of enrolling in one or more of the Club's fee-based programs. These scholarships will increase access to the Club's fee-based programs at 911 Meridian Road, Meridian, Idaho. The Club will provide scholarships to children of qualifying families on a sliding scale developed by the Club. The following programs will be covered as part of the scholarship program: Sunrise Club, Yeaz One Program, and the Summer Program. CDBG funds will only reimburse actual scholarships provided for these identified programs as documented by Sub-recipient. Sub- recipient shall be responsible for administering its PY2013 CDBG funds in a manner satisfactory to City and consistent with any and all standazds required as a condition of providing these funds. B. National Objective. Subrecipient certifies that the activities carried out City's PY2013 CDBG funds provided by City under this Agreement meet the Low-and Moderate-Income National Objectives as defined in 24 CFR § 570.208. Specifically, Sub-recipient's activities under this agreement shall benefit a limited clientele, at least fifty one percent (51 %) of whom are low-or moderate-income persons (24 CFR § 570.208(a)(2)). C. LMI Clientele. Sub-recipient shall provide documentation demonstrating that fifty-one percent (51 %) of clientele using the service governed by this agreement are LMI persons. Documentation must be provided prior to first draw request. Sub-recipient shall track the following information for all students receiving a scholarship for one of the identified programs in I.A.: amount of ~ scholarship provided, household size, annual household income, and racial chazacteristics. The PY2013 SUB-RECIPIENT AGREEMENT - PAGE 1 OF 15 MERIDIAN BOYS AND GIItLS CLUB household size and annual income information shall be used to determine whether a client falls within the very low, low, or moderate income category as defined by HUD. This information shall. be submitted to the City in the foam of a progress report as determined by the City. /"'~ D'. Levels of accomplishment. This project will provide scholarship funds for the purpose of increasing availability and access to the Club's fee-based programs. In addition to the normal administrative services required as part ofthis Agreement, Subrecipient agrees to document and .report on each and all of the following outcomes:. I. Number of individuals gaining improved'access to facility and/or services; 2. Number of scholarship individuals attending each of identified programs (Sunrise Club, Year One Program, and Summer Frogaam}, total cost of the program for each individual, and'the scholarship amount to be .reimbursed with CDBG funds for each individual; and 3. Income level, family size, race, and ethnicity of persons assisted. E. Staffing nat,funded', Sub-recipient agrees that no CDBG fiends will be utilized for staffing. F. 'Performance Monitoring. Citywill monitor-the performance of'Subrecipent against goals and performance standards required herein.: Substandardperformance as determined by City will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within fourteen. (14) days after being notified by City, Agreement: suspension or termination procedures will be initiated. G. Time of Performance. Services of Sub-recipient under this Agreement: shall start no earlier than October 1, 201 ~ and shall be completed by December 31, 20:14. The. term of this Agreement and ~„~ the provisions herein :shall be extended. to cover any .additional time period during which Sub- recipientremans in control of CDBG funds or other assets, including program income. H. Progress'. Reports... Sub-recipient shall submit Progress Reports to City on at least asemi-annual basis in conjunction with a Draw Request Form.. Progress Reports shall. be completed in the form and content required by City. If progress Reports are delinquent, draw requests wi1I not be processed until the delinquency is cured. Progress Reports must contain information on ontcorne- basedmeasurements as outlined in this Agreement. I[I. ADMINISTRATIVE REQUIREMENTS A. iTniform administrative requirements. Subrecipient shall comply with-applicable uniform administrative requirements, as described in 24 CFR § SZ0.506. B. Fiinancial Management. 1. Budget, Sub-recipient agrees that it shall use City's PY2013 CDBG funds in the amount. of fourteen thousand dollars ($14,000} to provide scholarships to children of qualifying households to attend the aforementioned fee-based programs atthe Meridian Boys. and Girls Club facility at 911 Meridian Road, Meridian, Idaho. City may_requre a detailed budget breakdown, and Sub-recipient shall provide such information in a timely fashion, and in the form and content prescribed by City.. PY2013 Sus-xECtt'IENTAcx1EEn~+rT- MERIDIAN BOYS ANU GIRL$ CLUB. PAGE 2 of 1 S 2. Supplementation of other funds. Sub-recipient. agrees to utilize fiends available under this Agreement to supplement, rather than supplant, funds otherwise available. 3 Accounting Standards. Subrecipient agrees to comply with 24 CFR §§ 84.21 through &4.2$, and. further agrees to: adhere to the accounting principles and procedures required therein,... utilize adequate .ntemal controls, and maintain necessary source documentation for alI costs ...incurred. 4.. Cost Principles, Subrecipient shall administer its prograxn in eonfarmance with OMB Circular A-122., "Cost Principles for Non Pra~it Organizations." These principles shall be applied for all costs incurred,. whether charged an a direct or indirect basis. 5. Sub-recipient Orientation Workshop. Subrecipient agrees to meet with City's CDBG Program Administrator prior to submitting the first draw request to City. City will not process draw requests unless and until the Subrecipient attends this meeting. 6,, Subrecipient Orientation Workshop. Subrecipient agrees to meet `with City's CDBG Program Administrator prior'to submitting the first draw request to City.. City will not process draw xequests unless and until Subrecipient attends this meeting. 7. Client Data. Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall_nclude, but not be limited to: client name, address, income Ievel ar other basis for determining eligibility, and description of service provided. Such. ~,..1 information shall be made available #'ar review upon City's request. 8. Disclosures. Subrecipient understands that. clientnfarmation collected under this Agreement is private and the use or disclosure of such information,. when riot directly connected with the administration of City or Subrecipient's responsibilities under`this Agreement, is prohibited by the Financial Privacy Act unless written consent is obtained from such person receiving service and, in the case of a mi7or, that of a responsible parent/guardian. 9, Property Records. Subrecipient shall maintain real property inventory records that clearly identify properties purchased, improved or sold. Properties retained shall continue to meet eligibility criteria. 14. Closeout. Sub-recipient's obligation to .City shall riot. end until all closeout requirements are completed.. Activities during this closeout period shall include, but shall not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to City), and determining: the custodianship of records. Notwithstanding the:: foregoing, the terms of this Agreement shall remain in effect during any periodthat Subrecipient has control over CDBG funds, including program income. I I. Audits and inspections. AlI Subrecipient records with respect to any matters covered by this Agreement shall be made available to City, I-NI~ or its agent, or other authorized federal PYZOI 3 SUB-RFCII'lENT AGREEMENT- PAGE 3 of 1 S 1VI~RIDIrW BOYS AND GIRLS CLUB officials, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data fox purposes of investigation to ascertain compliance with the rules, regulationsand provisions stated herein. Any deficiencies ~ noted in audat reports must be fizliy repaired by Subrecapaent within thirty (30} days after receipt of such report by Subrecipient. Failure of Subrecipient to comply with the above audit requirements will constatute_ a violation of this .A:greement and may result in the withholding of future payments. Subrecipient hereby agrees to .have an annual .agency audit conducted in accordance with current City policy concerning'audits and as applicable, OMB Carcular A-133. Sub-recipient shall comply with OMB Circular A:-13~, Subpart B, Section 200(a} which requires that all uon-Federal entities that expend $500,000 or more in a year have a single or program-specific audit conducted in accordance with A-133. Sub-recipient shall be willing to allow inquires from'the City about the sub-recipient's financial statements and single audit reports. If subrecapient as subj ect to this requirement, a copy of the audit report shall be provided to the City within 30 days of completion of the audit. C. Payment Procedures. 1, Program Income. The activities governed by this agreement are not anticipated to generate program ncome> as Subrecipient shall not Charge its members for the service. Any change to the activities described hereinthat will generate program income shall require an amendment. to this agreement.: Z. Indirect Costs.. Indirect costs are not eligible for CDBG funding. ~ 3. Payment Procedures. `City will pay to Subrecipient funds available under this Agreement based upon information submitted by Subrecipient anal consistent with any approved budget. .and City policy concerning payments. With the exception of certain advances; payments will be made for eligible expenses actually incurred by Subrecipient, and not to exceed actual cash requirements. Payments will.. be adjusted by City in accordance-with advance fund and program income balances available an Subrecipient's accounts. In addition, City reserves the right to liquidate. funds available under this Agreement for costs incurred by City on behalf of Subrecipient. 4. Draw requests. It is expressly agreed and understood that the total amount-to be paid by Caty under than Agreement shall not exceed $14,000. Drawdowns for the payment of eligible expenses shall be made. against the activity specified, in accordance with performance and as expenses are incurred by Subrecipient Draw requests shall only be accepted on official City .and/or HUD foi~ns and must be completed in full to be processed. All draw requests are to be submitted no less frequently than every b- months :and no-dater than twenty-one (21 }days after the end of the month for which. reimbursement is being..submitted. Draw requests shall include the following: draw request form and progress report.: S. Funds transfer. Pursuant to 24 CFR § 5'70.503 (b}('~, upon expiration of this Agreement, Subrecipient shnll transfer to City any CDBG funds on hand at the time of expiration and.anq accounts receivable attributable to the use of CDBG funds. /" 1 PY2013 SUB-RECtPIE"NT AGR>/EMENT- PAGE4 OF 1S MERIDiAIY BOYS,AND GIRLS CLUB 6. DUNS number.. Subrecipient shall comply with. requirements established. by the Office of Management and Budget ("OMB") concerning-the Dun and Bradstreet Data Universal Numbering System ("DUNS"), the Central Contractor Registration database, and the Federal /" 1 Funding Accountability and Transparency Act, includmg Appendix A to Part 25 of the Financial Assistance Use of Universal Identifier and Central. Contractor Registration, 75 Fed. Reg.. 55671 (Sept. 14, 20 i Oj (to be codified at 2 CFR part 25) and Appendix A to Part 170 of the Requirements for Federal Funding Accountability°and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14, 2010): (to be codified at_2 CFR part 170). D, Procurement. J . Compliance with policies. Subrecipient shall comply with current Federal and City policies concerning the purchase of equipment and shall maintain inventory records of all non- expendable personal property as defined by such policy as may be procured with funds. .provided .hereunder. 2 O11~B Standards. Subrecipient shall procure all materials in accordance, with the requirements of 24 CFR §§ 84,40 to 84,48. 3. Travel. Subrecipient shall obtain written approval from City prior to any travel outside the Boise metropolitan area with funds provided under this Agreement. E, Use and Reversion of Assets. The use and .disposition of real property and equipment under the. Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR. §§ 1"1 570.502 through 570.504, as applicable, which include, but are not limited to, the following: 1, Records, Subrecipient shall maintain real property inventory:records, which clearly identify properties purchased, improved ar sold. ~;. National Objectives met for five (5)' years. Pursuant to 24 CFR § 570.503(b)(7)(i), real. property that is acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,QOQ shall be used to meet one of the CDBG National Objectives until five (5) years .after expiration of this Agreement. If the use of the CDBG-assisted real property fails to meet a CDBG National Objective for this prescribed period of time, Subrecipient shall pay City an amount equal to the current market value of theproperty, less any portion of the value attributed to expenditures of non-CDBG funds for acquisition of or improvement to the. property. Such payment,shall constitute program income to City. Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period.. 3. 'Sale of equipment. In ail cases in which equipment acquired in whole or in part with funds under this Agreement is sold, the proceeds shall be program income, prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment. Equipment purchased with funds received under this Agreement but not needed by the. Subrecipient for activities under this Agreement shall be (a) transferred to City for the CDBG .program or (b) retained after compensating City an amount equal to the current fair. market PY20i 3 SUB-RECIPIENT AGREBMEN7' - PAGE 5 OF l5 MERIDIAN BAYS AND GIRLS CLUB value of the equipment less the percentage of non-CDBG fiends used to acquire the equipment.. F. Records and reports. I. Records to be maintained. In addition to-specif c recordsmentioned in this Agreement, Subrecipient shall maintain all' records that are pertinent to the activities to °be funded under this Agreement, including, but not limited ta, those required by the Federal regulations specified in 24 CFR § 574.506, and; a. Full descriptions and records of each activity undertaken;. b. Records related to activities meeting the National: Objectives;. c. Records required to determine the eligibility of activities for CDBG funding; d. Records required to-document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance;. e. Records documenting eampliance with the fair pausing and equal. opportunity components of the CDBG Program; f. Financial records, as required by24 CFR ~§ 84.21 through 84.28 and 574,542; g. ()they records necessary to document compliance with 24 CFR Part 570, Subpart K, except that Subrecipient does not assume City's responsibilities under 24 CFR § 570.604 and part sz. 2 Records retention.. Subrecipient span retain all records pertinent to the expenditures incurred under this .Agreement for a period of five (5) years after the temlinatian of all activities funded under :this Agreement, defined as the date of the submission of City's final annual performance and evaluation report to HUD. Records for non-expendable property acquired with funds ~ under this Agreement shall be retained for five (5) years after final disposition of such. property. 1f, prior to the expiration of the five-year period, any litigation, claims,. audits, negotiations or other actions. begin that involve any of the records cited, such records spell be retained until completion of the actions and. resolutions of all issues, or the expiration of the five-year period,. whichever occurs later.. III.EMPLOYMENT AND LAB(l-R CONDITION REQUIREMEIN'TS A. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Fights Act of 1964 as amended, Title VII of the Gvil Rights Act of 1968 as amended, Section l 04(b} and Section. 1.49 of Title I of the Housing and Community`DevelopmentAet of 1974, Section 544 of the Rehabilitation Act of '1974, the Americans with Disabilities Aet-of 1990, the Age Discrimination. Act of 1975,. Executive Order 11063, the Executive Order 11:246 as amended by Executive Order 11375 and. 12086, and 24 OFR 570.641.. and 570.602.. In regard to the sale, lease, or other transfer of`land acquired, cleared or improved with assistance. provided under this contract, Subrecipient shall cause or require a covenant running with the land to `be inserted in the deed or lease for such transfer, prohibiting.. discrimination as herein defined, in the sale, lease or rental., or in the use or occupancy of such land, ox in any improvements erected or to be erected thereon, providing that City and the United States are beneficiaries of and entitled to enforce such covenants. Subrecipient, iri undertaking'ts obligation to carry out the pragram,assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. /~ B. Nondiscrimination... Subrecipient agrees to comply with the non-discrimination in employment PY2413 SUB-RECIP[ENT AGILLBMEIVT - PAGE 6 OF l 5 MER1DLaN Bovs At~b GIRLS CLUB and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR 570.507, as revised by Executive Order 13279. The applicable Harr-discrimination provisions in Section 109 of the HCDA are also applicable. Subrecipient will Hat discriminate against any /"1, employee or applicant for employment or services because of race, color, creed, religion, ancestry, .national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. Subrecipient will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices. include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection fqr training, including apprenticeship. C ADA section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1'973, (29 U.S.C. § 706) which prohibits discrimination against the handicapped in any Federally-assisted :program. City shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during. the term of this Agreement. D. Affirmative Action. 1. Approved Plan. Subrecipient agrees that it shall be committed to carry out pursuant;to City's specifications an Affirmative Action Program in keeping with the principles as provided. in President's Executive Order 1:1246 of September 24, 1965. City shall provide Affirmative Action guidelines to Subrecipient to assist in the formulation of such. program. Subrecipient.. shall submit a plan.. for an Affirmative Action Program for approval prior to the award of funds. ~1 2'. Women.- and Minority=Owned Businesses. Subrecipient shall use its best efforts to afford small businesses, minority business. enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small 'business" means a_business that meets the criteria set Earth in section 3(aj of the Small Business Act, as amended (IS U.S.C. 632}, and "minority and women's business enterprise" means;a business at least fifty-one (S I) percent awned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish surnamed or Spanish- heritage Americans, Asian-Americans, and American Indians. Subrecipient may rely on written representations by businesses regarding their status as;mnority,a~id female business enterprises in lieu, of an independent investigation. E. N+~tifcatans. i. Notice to workers. Subrecipient will: send to each Iabor union or representative of ~vorlcers with which. it has a collective bargaining agreement or .other agreement ar understanding, a notice, to be provided by the agency contracting officer, advising the labor union or wor(cers' representative of Sub-recipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants. for employment.. 2. Solicitations for employment. Subrecipient will,in all solicitations or advertisements for /"'\ employees placedby or an behalf of .Subrecipient, state that it is an Equal Opportunity or PY2013 S CI$-RECIPIENT AGREBMEN7'- PAGE 7 aF 15 MER[DIAN BAYS AND GIRLS CLUB Affirmative Action employer. F. Prohibited Activity. Subrecipient is prohibited from using funds provided herein or personnel ~, employed in the administration of the program far political activities; sectarian, or religious activities; lobbying, political patronage, and nepotism activities. 1. Political activities. Subrecipient agrees that no funds provided, nor personnel employed under this Agreement,. shall be in any wayor to any extent engage in the_conduct of political activities in violation of the Hatch Act {Title V, Chapter 15, U.S.C.). Z. Religious activities. Subrecipient agrees that funds provided under this Agreement will not be utilized forreligious activities, to promote religious interests, or for the benefit of a religious organization in accordance with the Federal regulations specified in 24 CFR § 574.200(]}. G. Labor standards. Subrecipient agrees to comply with the requirements ofthee-Secretary of Labor in accordance with the Davis-Bacon Act as amended; the provisions of Agreement Work Hours and Safety Standards Act; the Copeland "Anti-Kickback" Act (44 U.S.C.. §§ 276a, 276c, and 327);. and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. Subrecipient shall maintain documentation which demonstrates compliance with. the hour and wage requirements of this part... Such documentation shall be made available to City for review upon request.. Subrecipient further agrees that all Contractors engaged under contracts in excess of $2,000.40 for construction, renovation or repair of any building or work financed in whale or in part with assistance provided. wader this Agreement shall comply with Federal requirements pertaining to such Agreements .and r,..~ with the applicable requirements of theregulatons of the pepartrnent of Labor, under 2~ CFR Parts 1, 3, 5 and 7 governing the_payment of wages and ratio of apprentices and trainees to journey workers; provided, that if wage rates higher than those required under the regulations are imposed by .state or local law, nothing hereunder is intended to relieve. Subrecipient of its obligation, if any,:. to require payment of the higher wage. H. Sccfion 3 of the Housing and Urban Development Act of'1968, 1. Compliance. Compliance with Section 3 ofthe Housing and Urban Development Act of 1968, as amended (12 U,S.C. § 174:1:).("Section 3"), the regulations set forth in 24 CFR Part t 35, and all applicable rules and orders issued thereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and shall be binding upon City, Subrecipient and any of Subrecipient''s subrecipents and/or subcontractors.. Failure to fulfill these requirements shall subject City, Subrecipient and any of Subrecipient's subrecipients and subcontractors, their successors and:. assigns, to those sanctions specified by the Agreement through which Federal assistance is provided, Subrecipient certifies and agrees that no contractual or other disability exists that. would .prevent compliance with these:requirements. 2. Subcontract language. Subrecipient further agrees to include the following language in all subcontracts executed under this Agreement: "`The work to be performed under thisAgreernent is a pro] ect assisted under a pragrarn providing direct Federal financial assistance from HUD P'Y2013 SUB-RECIPIENT AGREEMENT - PA(}E $ OF I $' MERIDIAN BAYS AND GIRZS CLLFB and is subject to the requirements of Section 3 of the Housing and Urban Development Act of I9b8, as amended {12 U.S.C. § 170:1}. Section 3 requires that. to the greatest extent feasible opportunities far training and employment be given. to low and very low income residents of ~~, the project area.-and Agreements for work in connection with the project be-awarded to business concerns that provide economic opportwnities for law and very law .income persons residing in the metropolitan area in which the project is located." 3. Employment of low- and very-low-income persons. Subrecipient further agrees to ensure that opportunities for training and employment arising in connections with a housing rehabilitation. (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction projects are,gven to low and very-Iaw income person residing. within the metropolitanarea in which the CDBG-funded project is located; where feasible, priority should. be given to low and very law income persons within the service area of the project or the neighborhood in which the project is located, and to love and very low income participants in other HUI3 programs,. and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement oflead-based. paint hazards), housing construction, or other public construction project are given to business concerns that provide economic opportunities for low'and very low income persons residing within the metropolitan. area in which the CDBG-funded. project is located;, where feasible,. priority should be: given to business concerns which provide. economic opportunities to low and very low income residents within the service area ofthe neighborhood in which the project is located, and to low and very Iaw income participants in other HUD programs. Subrecipient certFes and agrees that. no contractual or other legal incapacity exists that would. prevent compliance with these requirements.. 4. Notifications. Subrecipient. agrees to send to each labor organization or representative of workers with which it has a collective bargaining .agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of`ts commitments under this Section 3 clause anti shall post copies'of the notice inconspicuous places available to employees and applicants for employment or training. 5, Subcontracts. Subrecipient will include this Section 3 clause in every subcontract and will` take appropriate action pursuant to the subcontract'upon a fending that the>subcontractor is in violation of regulations issued by the grantor agency. Subrecipient will not subcontract with any entity where it has notice ar knowledge that the latter has been found in violation of regulations under 24 CFRPart 1.35 and will not let any subcontract unless the entity has first provided. it with: a preliminary statement of ability to comply with the requirements of these regulations. I. Conflicts of Interest. 'Subrecipient agrees to abide by the provisions of 24 CFR §§ 84,42 and. 570.611m, which include, but are not limited to, the following; 1. `Code of Conduct. Subrecipient shall maintain a written cade'or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of Agreements supported by Federal.. funds.. PY2o 13 SuB-RI~c1I'tr:~rr AGREEMENT - P,aGE 9 ar ! 5 MERIDIAN BOYS ANI) GIlZLS CLUB 2. Contract selection. No employee, officer or agent of the Subrecipient shall participate in the selection,. or in the award,-or administration of, a contract supported. by'Federal funds if a conflict of interest, real. or apparent, would be involved.. 3. Self interested contracts and nepotism. No persons who exercises or have exercised any functions ar responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-mslcing process or gain inside information with regard to such. activities, may obtain a financial interest in any Agreement, or have a f nancial interest in any contract, subcontract, or agreement with respect-to the CDBG-assisted acrivity, either for themselves or those with who they have business or immediate family ties, .during their tenure or for a period of one {1} year thereafter. For purposes of this paragraph,. a "covered person" includes any person who is an employee, agent, consultant, officex, or elected or appointed. official of Gity, the Subrecipient, or any designated public agency. J, Lobbying. The following certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into.. Submission of this certification is a prerequisite far making or entering into this transaction imposed by section 1352, title 31, L1.S.C. Subrecipient hereby certifies that:: 1. No Federal appropriated. funds have been. paid ar will be paid, by or on behalf of it, to any person for. influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Agreement, the making of any Federal grant, the making of any Federal loan, the :entering into of any cooperative agreement, /~1 and the extension, continuation, renewal, amendment, or modification of any Federal Agreement, grant, loan, .or cooperative agreement; 2= If any funds other'than_Federal appropriated funds have been paid or will be-paid to any person for influencing attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in coruieGtion with this Federal Agreement, grant, loan, ar cooperative agreement, it will. complete and submit Standard Form-LLL, "Disclosure Farm to Report Lobbying," in accordance_ with its instructions; 3 Subrecipient will require that the following. language be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans,.. and cooperative agreements} and that all subrecipients shall certify and disclose accordingly: "This certification is a material representation offact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Anyperson who fails to #ile the required certificaton,shall be subject to a civil. penalty of not let less that $10,000' and. not more than $.100,000 for each such failure" IV, ENVIRUIV'MENTAL CONDITIONS A. Air and Water, Subrecipient specficallyagrees to comply with the following regulations insofar PY2013 SUB-REC[PTFTITAGRFEMENT- PAGE.IUOF TS MERIDIAN $QYS Aldp GIRLS CLUB as they apply to the performance of this Agreement:. /"'1 1. Clean Air Act, 42 U.S.C. §~ 7401, et seq. 2. Federal Water PaIluton Control Act, as amended, 33 U.S.C. §§ 125':1, et seq.,. relating to inspection, monitoring, entry reports, and information, as well as other requirements specified in said Act, and all regulations and guidelines issued thereunder. 3. Environmental :Protection Agency (EPA} regulations pursuant to 40 C.F.R. Part 50; B. Flood Disaster Protection. In accordance with the requirements of the:Flood Disaster Protection Act of 1973 (42 U.S.C. § 400I), Subrecipient shall assure that fore. activities located in an area identified byFEMA as having special flood hazards, flood insurance under the National Flood. Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction ptuposes (including rehabilitation). C. Lead-Based .Paint. Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations, 24 CFR.Part 35, implementing Title X of the Housing and. Community Development Act of 1992.. These regulations revise the CDBG lead based paint requirements under 24 CFR § X70.608. Such regulations pertain. to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified. that such properties may nclude_lead-based paint. Such notification,shallpaint out. the. hazards of lead-based .paint and explainthe-symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood .level screening for children under seven.: The notice must also point out: that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment andlor abatement may be conducted. D. Historic Preservation. Subrecpent agrees to comply with the Historic Preservation requirements set forth `in the National Historic Preservation_Act of 1966, as amended (16 U.S.C. ~' 470) and the procedures set forthn 36 CPR Part 80~, Advisor Council on Historic Preservation Pxocedures far Protection of Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from. the State HstoricPreservation Officer for all rehabilitation and dernoiition of historic properties that are fife years or older or that are.: included on a Federal, state or locale historic property last.. '~. GENERAL CONDITIONS A. Notices. All notices required to be given by either ofthe parties hereto shall be in writing and be deemed communicated when personally served, ar mailed in the United States mail, addressed as: follows:. City of Meridian.. Attn: Lori Den Hartog CDBG Program Administrator PY2f}13 S[18-ttECTP[EN'rAGrZCEMEN?'- MEtt~DtAty Bons aa~ GixLS Czu~ Bays and. Girls Club of Ada County Attn. Colleen. Braga Executive Director PAGE 11 of 75 33 E. Broadway Avenue 61 fi' E. 42"d Street 'Meridian, Idaho 83.642 Garden City, Idaho 83714 .Either party niay change its authorized representative and/or address far the purpose of this /"'\ paragraph by giving written notice of such change to the other party in the nianr~er'herein provided.. B. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning CDBG funds, including, but not limited to, 24 CFR Part 57p and subpart K of such regulations. Subrecipient also agrees to conxply with all other applicable Federal, state and local Laws, regulations, and policies governing the funds provided under this Agreement, except that: ('1) Subrecipient does not assume the recipient's environmental responsibilities described in 24-CFR 570.604, and (2) Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part S2. C. Copyright,. Contracts of agreements for the performance of experimental developmental or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR,Part 401, "Rights to Inventions Made by Nonprofit organizations and Small Business Firms Under Government Grants Contracts and Cooperative Agreements.," D. Independent Contractor. Nothing contained in this Agreement is intended to, ar shall be' construed in any manner,. as creating or establishing the relationship of employerlemployee between the parties. Subrecipient shall at all times remain an independent Contractor with. respect to the services to be performed under this. Agreement. City shall provide no benefits or insurance coverage whatsoever "to Subrecipient and/or to its agents. ~ E. Indemnity. Subrecipient, and :each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants: in Subrecipient's programming, shall hold .harmless, defend and indemnify City from and-fox all such lasses, claims, actions, and/or judgments for damages or injury tQ persons or property and/or losses and expenses caused or incurred by Subrecipient and/or its employees, ;agents, contractors, officials, officers, servants, guests and/or invitees, and participants in its programming, and other costs, including litigation costs .and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by Subrecipient and/or Subrecpient's employees,. agents,. contractors, subcontractors, officials, officers,.:servants, guests, invitees, participants, and/or volunteers and resulting.. in and/or attributable to personal. injury, death, and/or damage andlor,destructon to tangible or intangible property, F, Workers' Campensatian. Subrecipient. shall provide Workers' Compensation Insurance coverage for all employees involved. in the performance of this Agreement. G. Insurance and bonding. Subrecipient sha11 carry sufficient insurance coverage to protect :Agreement assets from loss due to theft, fraudand/or undue physical damage:. Further, Subrecipient shall comply with the bonding and insurance requirements of 24 CFR §§ 84.31 and 84.48. H. Grantor Recognition.. Subrecipient shall publically recognize the role of City in providing FY2013 SUB-kECIPIEN'P A4KEEMENT - PAGE 12 p~ 15 MERIDIAN BOYS AND GIRLS`CLUB services under this Agreement. In addition, Subrecipient will include a reference to the support. provided hereui in all publications made possible with funds made available under this Agreement. ~ I. Amendments. The parties hereto mayarnend this Agreement at any time provided that such amendments make specifc reference to this Agreement, and are executed in writing,, signed by a duly authorized representative ofeach party, and approved by City's governing body. Such amendments shall not invaldate'ths Agreement, nor relieve or release either party from its obligations under this Agreement. City nay, in its discretion, amend this Agreement to conform with Federal, estate or local governmental guidelines, policies and;available funding amounts, or for other reasons, If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both parties. J. Terming#ia». 1. Notice of termination. Either party rnayterminate this Agreement by, at least 30 days,'17efore the effective date of such termination, giving written nonce to the other party of such termination .and specifying the. effective date thereof..: 2'. Partial termination. Partial terninatians of the Scope. of Service as set forth herein may only be undertaken with the prior approval of City.. 3. Work completed. In the event of any termination for convenience, all finished or unfinished documents, data, studies, surveys, maps, models,:. photographs, reports of other materials ~ prepared by Subrecipient under this Agreement shall, at the option of City, become the .property of City, and Subrecipient shall be entitled to receive just and equitable compensation far any satisfactory work completed on such documents or materials prior to the termination... 4. Termination for convenience. In accordance with 24 CFR § 85.44, suspension. or termination of the Agreement,in whole or in part, may occur far convenience.. S; Termination for material noncompliance. In accordance with 24 CFR § 85.43, suspension ar termination of the Agreement, in whole or in part, may occur if Subrecipient materially fails to comply with any term of this Agreement, which shall melude, but shall not be limited to, the fallowing. a. Failure to comply with any of the rules, :regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies ar directives as may become applicable at any time; b. Failure by Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement;. c. Ineffective or mpxc~per use of funds provided under this Agreement; ar d Submission 6y the Subrecipient to Cite reportsthat. are incorrect ar incomplete in any material respect, 6. Penalty far material noncompliance. In addition. to suspension or termination of this Agreement andlvr any other remedies as provided by law, upon a finding of material. PY2013 SUB=EtECIPIEh1'I'AGTtEEItfENT'- PAGE 13 GP 1S MERII3IAN BOYS AND GTRLS'Ci,UB noncompliance, ':City may declare Subrecipient ineligible for any further participation in City CDBG pragrarriming. In the event-there is probable cause to believe Subrecipient is in noncompliance with any applicable rules or regulations, City may withhold up to fifteen (15) percent of said A.greernent funds until such time as Subrecipient is found to be in compliance by City,. or is otherwise adjudicated to be in compliance. K. Assignment. Subrecipient shall not assign ar transfer any interest in this agreement without prior written consent of City; provided, however,... that claims for money due ar to become due. to Subrecipient from City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any assignment or transfer shall be furnished. promptly to City. L. Subcontractors. 1. City mast approve. Subrecipient shall not enter`nto_any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of City, All.. subcontracts entered into in t}ie performance of this Agreement shall be awarded pursuant to any applicable provisions of the City Purchasing Policy and/or local, .state, or federal laws. 2. Monitoring. Subrecipient shall monitor all subcontracted services an a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct-areas of noncompliance, Subrecipielt shall fumish and cause each ofts awn subrecipients or subcontractors to furnish all information and reports requiredhereunder and will'permit access ~ to its books, records and accounts by-City, I3UD or its agent, or other authorized Federal officials for puxposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 3 Sabcontract content. Subrecipient shall' cause-all provisions of this_Agreement in their entirety to be included in and made a part of any subcontract executed. in the performance of this Agreement. Specifically, without limitation,. Subrecipient shall include the provisions of this Agreement regarding Civil Rights and Affirmative Action in every subcontract yr purchase order, specifically or by reference, to ensure that such provisions will be binding upon all. subcontractors. 4. Documentation. Executed copies of all subcontracts shall be forwarded to City along with documentation concerning the selection process. M. Relocation, real property acquisition, and one-for-one housing replacement. Subrecipient agrees specifically, without limitation, to comply with: 1. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,. as .amended (URA), and implementing regulations at-49 CFR Part24 and 24 CFR 570.606(b} Z. The requirements-of 24 CFR 570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and 3. The requirements in ~4 CFR 570.b06(d) governing optional relocation. policies. FY2tl 13 S[IB-x~crnlElaT AGREEMENT - PAGB 14 aF 15 MBRIDIAN $OYS AND GIxLS'CLUs Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that aze displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. N. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. O. Severability. If any provision of this Agreement is held invalid, the reminder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. P. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. Q. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder maybe asserted at any time after the goverting body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. R. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and Subrecipient. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly ~ authorized officers to be effective as of the day and yeaz first above written. SUBRECIPIENT: Boys and Girls Club of Ada County By: Colleen Braga, Executi irector ~~~~ ~OTAR y = ~'~ - = P ~ B~~G %~~ ~' ,,PLO. ST ••• . ..... • O ''~~ qrE OF ~ . , ''~~iii~ m n n~~~~~`~ . CITY: City of Meridian ~ By: Ta~m~,~y c~ Weerd, Mayor STATE OF IDAHO ) ss: County of ~_) , I HEREBY CERTIFY that on this ~ day of ~~~C.r~, before the undersigned, a Notary Public in the State of Idaho, personally appeared Colleen Braga, proven to me to be the person who executed the said instrument, and acknowledged to me that such person executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my offici~l~~l, t1}e-~a}~anSLy cert~fcate first above written. Residing at ~f My Commission Expires: ~~' Attest: ~:.,. ,~ ~,c,r a ~l ., 4~'' \ It ~ ~~' SLRL__..r 4tr PY2013 SUB-RECIPIENT AGREEMENT - `J ~'~ MERIDIAN BOYS AND GIRLS CLUB rFH ° < < h e T & E ?''~~~ Holman, City Clerk Idaho PAGE I S OF I S Mtr~di~n Ciiy Council meeting DATE: January 7, 2014 ITEM NUMBER: 5H PROJECT NUMBER: ITEM TITLE: POWER EASEMENT Power Easement with Idaho Power Company MEETING NOTES ~~' ~~~ ~`~: . Communi#y ItemJPresentations Presenter Cont~c# InfoJNotes CLERKS OFFICE FINAL ACTION E~MAltED TO SENT TO 8ENT TO DATE: STAFF AtiENCY APPLICANT NOTE8 INITIALS ~~i~E IDIAN~- PLlU11C IDAHO Works Department Mayor Tammy de Weerd City C.wndl Men•rerf• Keith Bird Brad Hoaglun Charles Rountree David Zaremba TO: Mayor Tammy de Weerd Members of the City Council FROM: Clint Worthington Staff Engineer II DATE: December 16, 2013 SUBJECT: POWER EASEMENT WITH IDAHO POWER COMPANY I. RECOMMENDED ACTION A. Move to: 1. Approve the Power Easement with Idaho Power Company. 2. Authorize the Mayor to sign the easement. II. DEPARTMENT CONTACT PERSONS Clint Worthington, Staff Engineer (Project Manager) ............................................489-0349 Kyle Radek, Assistant City Engineer .......................................................................489-0343 Warren Stewart, Engineering Manager ....................................................................489-0350 III. DESCRIPTION A. Back ound 1. In order for Idaho Power to provide sufficient power to the Ground Reservoir #2 facilities, a 3 phase sector box and transformer was needed and has been installed within the property of the Ground Reservoir #2 project which is owned by the City. An easement will need to be granted to Idaho Power to allow access for maintenance and/or repairs of the installed transformer and sector box. 2. The proposed easement will allow Idaho Power access to their power facilities for maintenance or repairs after construction is completed. N. IMPACT Page 1 of 2 A. ,Fiscal Im act: No costs associated with granting Idaho Power the easement. V. LIST OF ATTACHMENTS A. Idaho Power Easement B. Easement Legal Description -Exhibit A C. Easement Map - Exhi 't B Approved for Council Agenda: ' z / , Page 2 of 2 ~~ ~1 A Lf -ITT-. PLEASE RETURN TO: 1221 W. Idaho St (83702) P.O. Box 70 Boise, ID 83707 Easement-Organization ADA COUNTY RECORDER Christopher BOISE IDANQ 01/09114 Oia4 PM DEPUTY Bonnie Oberbtllig ~~~ RECORDED-REQUEST OF Meridian Ciry D. Rich AMOUNT .00 I111111111111NIIIIIIIIIIIiI 111 III 114~~~~~8 City of Meridian '`Graator(aj", of Ada County, State of Idaho , do hereby grant and convey to IDAHO POWER COMPANY, a Corporation, with its principal office bated at 1221 W, Idaho Street, Boise, Idaho, $3702 {P.O. Box 70, Boise, tD 83707), its licensees, successors, and assigns, (collectively, "'Grantee', for One Dollar and ott-rr valuable considerarions, the receipt and sufficiency of which is hereby acknowledged, s permanent and perpetual easement and right of way, at al! times sufficient in width for the: installation, erection, continued operation, maintenance, repair, alteration, inspection, and/or replacement of the .following: (Jnderground Facilities: Underground electrical power line or lines and related facilities and equipment, generally including, but not limited to, buried power lines and wires, above-ground pad-mounted transformers, junction boxes, cables, conduits, communication lines, including fiber optics, other equipment, and all related appurtenances, any of which may extend above ground, in certain rations to be determined by Grantee at Grantee's sole and absolute discretion (all of the above collectively being referred to as the "Faeiiitks"j together. with the right to permit the attachmentand/or u~ or placement of the wires,. fixtures, cables and conduits of other companies or parties (all of the same being included within the definition of'`Facilitks"j, an, over, through, under, and across the following premises belonging to Grantor(s) in Ada County, 'State of .Idaho , in the location described below. Grantee is hereby also granted the perpetual right of ingress and egress over Grantor's other property necessary fur the fuIl :and complete use, occupation,. and enjoyment of the easement hereby granted, and together with ati rights and privileges incident thereto, including, but not limited to, () the right, at Grantee`s expense, to excavate and refill ditches and trenches for the location of the Facilities, (ii) the right,. at Grantee's expense, to cut, trim, and remove trees, brush, bushes, sod, flowers, shrubbery,,overhanging branches and other obstructions and improvements which may injure or interfere with Grantee's use, occupuation, or enjoyment of this easemtcrt, and{iii} the right, at Grantee's expellee, to install, construct, operate, inspect, alter, rttaintain, replace, improve and repair any and all aspects of Grantee's Facilities over, through, under and across the iands subject to this easement. The ration of the easement and right of way granted herca is describead as follows; A parcel of land lying across a portion of the N W ~ of Section 29, Township 3 North, Range i East, Boise Meridian, Ada County, Idaho, affecting the Grantor's property as described in Warranty Deed Instrument #110028278 and being more particularly dexcribed as follows in Exhibit `A' Legal ikscription end Exhibit `B' Survey Map attached hereto and made a part hereof. Grantor sha11 not alter the grade or elevation of'the land within the right-of-way existing on the date h~~f through excavations, grading, installation of berms, ar other activities without the prior written approval of Grantee. Grantor shall not place nor build any structure(s) within the easement area except fences and except as otherwise approved by Grantce in writing. This Easement sha11 run with the land and be binding upon the parties' successors and assigns. Checked by: Ronald M. Hodge, P.L.S. Work Order #: 2'7390451 (Signature page immediately follows) amnr o+e t~zn>> .Page 1 of 2 ~~ ~~ ~ Executed and delivered this day of ~~lab~:..!',1.. _~ ~~ STATE OF ~ ~ G~ ~'"1 ~ , ss. COUNTY OF _~ ~- ~ ~~ T, ~,~~ ~~,,, _:a„~,Ja.Y't ~.~~..._ . _.. __ _ (Notary's. Name). a notary public, do hereby certify that on this ~~ day of m~ ,G"~ Cl ~.,t:tt~,.. m._.. _ _.__._• 20 1_~ _, personally appeared before me l c~ m rn i 1 ~ P (,~1e e Xc~ A ~/c7 V-- (Irrdividual'sNamefncluding 1~itle) and ... _ _:. _ -- „ (Indivtdual's Name Including Title), who, being by me first duty sworn, declared that h spelt are respectively the duly authorized persons} of Cif of Meridian {pganizarion Name), that. cJsh hS~lt signed the foregoing document, and aclmowledged #o me that he/strefthev executed the same as the free act and loci on behalf of said organization. 5. J I § ' fit ~ ~ 3i (NOTARY SEAL} ~w o+st~an~t N tie My Commission Expires on ~,~~~__.~~- !~ ___ ~.. ~.~ Page 2 of 2 Svc ~, ~~~~ AR IDACORP t°tnparry EXIT A LEGAL DESCRIPTIQN A parcel of land lying across a portion of the NW ~4 of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, affecting the Grantor's property as described in Warranty Deed. Instrument #110028278 and being more garlacularly described as follows: Commencing at the NW Corner of Section 29 being monumented whin a found S/8" pia from. which the West ~4 of Section 29 bears, South 00° 14' 28" West a distance of 2645.25 feet; thence South 00° 14' 28" West a distance of 791.36 few to the IJVtt Corner of the Qrantor'e property; thence slang Grantor's North property line, South 89° 34' 22" East a distance of 245.18 feet: to the P4IlVT QF BEGINNING; Thence continuing along said line, South 89° 34' 22" Fast a distance of 25.00 feet; Thence South 00° 25' 38" West a distance of 15.00 feet; Thence North 89° 34' 22" West a distance of 25.00 feet; Thence North 00° 25' 38" East. a distance of 15:00 feet. to Grantor's North property line and the POINT 4F BEGINNING. Easement contains 375 sq. ft more or less, the sidelines of which are to be lengthened or shortened m form a closed figure. s~si cs~y orM«ta~n Le~ai Deaeripl3oa ~~ ~1 ~~ BASIS OF BEARING NO'14'28"E 2645.25' R/W _ w.-°-~r~ LOCUST GROVE RD. ,~ ~ 1853.89' _._ .~. R/1Y a r C ~ ~ o f z `•" w .~ Z O °.` N M .~ 2 v cn \~ ~ ~ rn~z z 0 N N V OD ,,` -~.. ~m~ m ~.rn ~ 1 ~ ~ © m A ~ O ~~ D o " ~ . T . ~ N N N R) UI Vj O ~ O a _m 0 ~ _s N ~? ~ Cnp N p ~ N 00 :: _.s '' ~f~J. m A 0 .~ m ~ woz o ~ ~ u ~ z r ! -vso -w~ tirna z -o n a __ _ R~yy 791.36' ~'~ f W __._ R .,..~ ,~ i m Z ~ (~ O O W-P N N 1'+'1 ~~~ ~~ ~1 ~~ € VTCT^RY RD '' -- ~. - _ __ UNDERGRQUND CA'$!_E NOTES ____ ~ - _~ PO[NT STATION CABLE CABLE TRENCHlCONDUIT~CONDUIT~GONPACTIpN BORE NUMBER S[ZE LENGTH LENGTH SIZE LENGTH. LENGTH LENGTH- . - - ..~ -_._.. . ,_.._. _ t _ ~._..-. r_~ ~ E 3 Tt~ CE39 I!0 3 369 322 1 -a~ 322 ~ Std 45 - ~ CE 39 Tp CC4t l/0 3 35 l0 4° !0 -_-- _- -..._.__ - - ~ -- ~ e -i ,~ ~CE39 Tp PRIMARY STUB ~ 70 2' 70 A5 1 - - t _ ~__-__m_~- E39 TO PRIMARY STUB l0 ~ 2` ltl ~ (.'') A0 B D C~ _, 0@C~C7Q0 om000Q Q@O40p ~ €ASEfiAENT RE;QUlREQ wt~*-w wr~~-w w~¢w~ C __ _.. ~ ~ ~ (>~ O O~ V~O ~ From CITY dF MERi01AN () O Q~ Ota ~ ~ a ~ ~ ~ ~ ~ ~ t~ 0 EQaeTnsnt Need Date: PRIOR TO ENERpZUVG AIE H Z H es Z Z F - I - I -' to in t!r to to cn ~ Data Obtained: ~' , ~.- r"-^ r-- i--r^~" zs c --- ~ __ . ~a - ~- _,..,._,,.-... ~ ~ ~ '~ ` _._ , I-A" PRIMARYRISER ~-~~' FS C~ ,._ ~- - ' - '~ ~ K ~ ATIIV. MAPPERS:. : ~ _.-..~ _- ~ ~ '^~ _ THE 25 1CVA TRANSF~MER, ~ ~'°----- -- l 2 SECONDARY PALES. AND 95R COMPACTION ~ -1 ~ THE SECONDARY ARE ALREADY ; _ ~. ~ ~ ~. ~ ___ __a_-~___ REMOVED FROM THE FIEtt? °~ ~ ~ ~ . . l~ PLEASE REMOVE FROM a" BORE ~' ~--f- ~) T -~5~ TF1E MAPS. ~ ~ l ~ 1-- 3 PtiASE $ECTEI~ ~'" ~r - ~-F4i - - ~'` , I-2-2" PRIMARY STUBS ~ 500 ~ ~~ ..~ ~ ~ ~ ~ ~ ~ , ~ ~ ~ ~_ ~~ F r __~ ~ ~ C, ~ r~.~ ~` ~ ~ ~E~: ~ ~,''~~$ ~,t`~ ~`~ ~~' 1.E 1"~ ~'`~ ~ ~`~ ~ ~,,,,~~'~•.~ I- 500 KVA (277/480) I- a-3" SERVICE STUBS I ~'~ ~; ~F~„~, T7$ ~;~ i- CT PACKAGE awe " °'"- ~' _,;,.~,0~ THE TRANSFORMER. <, 40' AVIAN t'XN~S'TRt1CT~N ~... ~..:~..~,,;.,-,.,,_,. _~ .w_ ~_ ~-_ ,,.; -ti _., tw Customer< Doter Job tte. CfTY OF MERIC}EAfV EOCUST GROVE&V(CTORY- WATER TANK 8c BOOSTER PUMP Addis"ronol scripton_ xe.u INSTAf_L 3 PHASE P04YER _.- -- tionoi np ion, Feeder plop !i!e Nome: STRQ130'2. Surv ad or GPS: GPS ey Joins Use Aliochmento: NQ XX Fdr (iy: XX Designer. STPt18Q2 Duo Tw RnQ S r pats n ec Mar Pre-Built flats: D$ f l J` ~ ~ 1 03N 01.E 29 BM Bunt oa oes~gned: , xx arcFM B Design No: OQ Q Q Q ~ ~ ~ ~ 3 Slots County I D ADA Construction Dote: . t 2 5 kV a i l y Dote: XX Work Order i~ 2'73904.°i l . er n vo t t e: ~~A~~ ~..~ ~°~'~~ t ~~~6 ~.~~~~~ t~~Q~ ~,~' CIiILE: ~ ~ = ~{ 00 Sheei .) O( ~ ~~i~E IDIAN ~11b1;C IDAHO Works Department Mayor Tammy de weerd ~,>~ Keith 8trd er«~ -too~~, a~rles Ramtree E~nttid Zaremba TOs Mayor Tammy de Weerd Members of the City Council 'FROM: Clint Worthington Staff Engineer II DATE: December 16, 2013 .SUBJECT: 'POWER EASEMENT WITH IDAHO POWER COMPANY I. RECONIlVIENDED ACTION A. Move to: 1. Approve the Power Easement with Idaho Power Company. 2 Authorize the Mayor to sign the easement... II. DEPARTMENT CONTACT PERSONS Clint Worthington, Staff Engineer {Project Manager) ...:................:...................489-0349 Kyle Radek, Assistant City Engineer .......................................................................489-0343 Wanren S 489-0350 tewart, Engineering Manager .... .............. III. DESCRIPTION A. Background 1. In order for Idaho Powerto provide sufficient power to the.Ground Reservoir.#2 facilities, a 3 phase sector box and transformer was needed and has been installed within the properly of the Ground Reservoir #2 project which is owned by the City, An easement will need to be granted to Idaho Power to allow access for maintenance and/or repairs of the installed transformer and sector box. 2. The proposed easement will allow Idaho Power access to their .power facilities for maintenance or repairs after construction is completed. N. IMPACT .Paget of 2 A. Fiscal Impact: No costs associated with granting Idaha Power the easement. ~. LIST OF ATTAC>EIlVIENTS A. B. C. Idaho Power Easement Easement Legs Easement Map Approved for Council Agenda; '2 fb~ Page 3 of 2 ~~i~E IDIAN~- ~11b1iC IDAHO Works Department Mayor Tammy de Weerd CIly C~ndl MNnier~~ Keith Bird Brad Hoaglun Charles Rountree David Zaremba TO: Mayor Tammy de Weerd Members of City Council FROM: Kyle Radek DATE: December 18, 2013 SUBJECT: WATER MAIN EASEMENT FROM MISSION COAST PROPERTIES RECOMMENDED ACTION A. Move to: 1. Approve the Water Main Easement from Richard and Beth Davies; 2. Authorize the Mayor to sign the easement. II. DEPARTMENT CONTACT PERSONS Kyle Radek, Assistant City Engineer 489-0343 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background In order to serve the new Pressure Zone 5 in south Meridian, the City is designing and constructing a waterline extension project from the new booster station south of Victory Road, to Wrightwood Drive south of the Ridenbaugh Canal. This waterline extension will cross both the Ridenbaugh Canal and Tenmile Creek. The crossings are planned outside of the roadway and require easements from neighboring property owners. B. Proposed Project The subject easement will enable the waterline extension crossing of the Ridenbaugh Canal. IV. IlVIPACT A. Strate ig c Impact: Page 1 of 2 The waterline extension project promotes the Public Works mission of providing exemplary public services and facilities that support the needs of our growing community. B. Service/Delivery Impact: The project will allow service to the newly developing Pressure Zone 5. C. Fiscal Impact: This easement is granted at no cost to the City. V. TIME CONSTRAINTS The attached easement needs to be executed so that construction can take place in early spring, 2014. VI. LIST OF ATTACHMENTS Water Main Easement and le 1 descrip ' n Approved for Council Agenda: Iz I l ate Page 2 of 2 ADA COUNTY RECORDER Chris~pher D. Rich AMQUNT .00 5 BOISE IOAHO 01/09/14 01:14 PM tt DEPUTY Bonnie Oberbillig ~II IIII~~~~~~~~~~t~~~~~~~~~~~~~ ~ ~~ ~~~ /'1 RECORQED-REQUEST OF 11#002257 Meridian Cily WATER MAIlW EASEMENT . ~, TLIIS INDENTURE, made this 'day of, 28;between 1.f 1 ~++ ~ 1 s the parties. of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada Coun ,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 for through an underground. pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; .NOW, THEREFORE, in consideration ofthe benefits to be reeevedby the Grantors, and other good anal val uable consideration, the Grantors do hereby give, ,grant and convey unto the Grantee the right- of-way for an easement for the constnucton, operation, maintenance, repair,. replacement of a water ~ rnain over and. across the following described property; (SEE ATTACHED EXHIBIT A and B} The easement hereby granted. is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, .additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such. facilities at any and all times. 1'Q 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 construction, making repairs, .performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such construction, repairs and. maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within. the area described in this easement that was placed. there in violation of this easement. THE GRANT(RS hereby covenant and agree that they will nat place or allow to be placed any permanent structures, trees, :brush, or perennial shrubs or flowers within the area descn'bed for this easement, which would interfere with the use of said easement, far the purposes stated herein. THE GRANTORS hereby covenant and agree with. the Grantee that should. any part of the right-of- /~ way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is apart thereof, shall. cease and become null and void and of no'further effect and shall be completely :relinquished. Water Main Easement F,ASMT WTR.doc Meridi~r, City Council Meeting DATE: January.?, 2014 ITEM NUMBER: 51 PROJECT NUMBER: ITEM TITLE: WATER MN EASEMENT MISSION COAST PROPERTIES Water Main Easement from Mission Coast Properties MEETING NOTES ~~~~ -~~~~ Community Item/Presentations Presenter Contact InfoJNotes CLERKS OFFICE HNAL ACTION DATE: E~MAS.ED TO 8TAFF SENT TO A~iENCY SENT TO APPLICANT NOTES INITIALS /'\ THE GRANTORS do hereby covenant with'the Granter thatthey are lawfully seized and possessed of the aforementioned and described tract of land, and .that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR; r' !I SS~ a N t~dA Secretary STATE OF IDAHO } County of Ada On this ~ day of ~ c ,~~, 20~, before me, the undersigned, a Notary Public in and for said State, personally appeared. !_~~ ~t ~,u-~4M-~,P and . known or identified to me to be the President and Secretary, respectively, of the corporation that .executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed. myofficial seal the day and year fist above written. RY PU LIC FOR IDAHO Residing at Commission Expires: ~ ~~ - ~~ Water Main Easement EASMT WTR.doc 1 GRANTEE; CITY OF MERIDIAN ~~ Tammy d rd, Mayor `R i t~ ~ ~ x Attest by ycee L, o an, City Cler ~:< ~ ~ - '~_ ~~ Approved By City Council Vin: ~ ~° t ~ ~ T ~ . ~ ~~ °' STATE OF IDAHO ss County of Ada. ) On this ~ ~~ day of , 20~, before me, the undersigned, a Notary Public in and for said State,: personally geared TAIVIMY DE WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,~~3 ~ TARY PUB C FiUR IDAHO SEAL) ~ esidmg at: 1~.,{~..r ~ ~'~ ~ G ---~ 1 i'~ `. Commission Expires: ` ~a y-t_ W Water Main Easement EASMT WTR.doc [actte: C)ctctk~c r } (}. ?(!} w -~--o ~r~GrtiEEr:s MI,SStC1N Ct}r~~tiT 1'itOPt?:ItT1ES tt}, tNC'. P,AItCFL WA"CER EASFJ~'tl,~IT AC+(~UiSt'I'It)N n 1 }lurce[ vi`Iemd nitrated tl tht Nc~rill~~rst c]uarters7['tlle St~titllc~,5t t,~itttrtcrof`~~tc~tic»t ,f}."~~>7y~r~shij~ ~ Ptic}t'ill, Range l l,a~t. ]3t~ise Infer°icli~rn.'1c4s~ C`t~t-nt~~. ]dallc4, hc~tl~ ~r ]~c~tti~~-r~ c1]'f'at'ccf T c-l i)tc:cl In~u•~rtltertt N«. f 1:~(t6~?7'~1?. I~~t~~, nlur•t ~Esrtlcu]~Rrl~° ci~~~rit,~ci ~~s f~l to\v5• GQM14'iENtINC: art the St~titllcast c:~~r•rler nt t114: Rurth~;-~;t c]tr~rtcr at~the tictutllctst (7trart~r t-J Scctiarl ~t): tfit<ncc~. alt}rt~ tile; f:aSE [inc cli srrieE ScctiUn ':~(?. ~) l~.tl ;t7'tl7"114'.. ~.i7,1 ~ feet: thence. 1~.~\°irl~ 5aci 1°,u~t ]r~~. [3) ;5.h~) ?t?• ~3"V4'..:fi,tlt} feet tcl ~~ ]7C1il~t c~t1 lt1C \tiCa~ttr'I}' rt~lll-t~t-\\=zy' lint: calm ~. I~«ttt~t ~irae~.iZ~acl. rn7ekin~ the t'ntNT t)F BEG[NNtNG: tltence. I`.U~27"~G''«".. ti6.-17 feet tc~ the: ~t'ilter[itle ~~l`tht: itderlEl~ir~11 C°~r~:~l: thcricc. ~tlc~ili~ ~~sici t:ci~tcrfne, ~} ?`,t-(}~"1?"fit}''[ ., i.t)E feet tet the ~ier~:te:r°l\ t°i~lzt-t,t'-\44t} title cfi SaicE ~, I•.c}~4rst Cir«tir f{.oad.tft~;n4:e. Glll~tlL' paid ra~!hkt~f•vv;~v line. tits f~c-ll~rvritl~;~s~~ri~c~~ ~} S.tl'~~t}"()7"I .. ~7?R feet: t[tettt:c, lc~~\ inc~ ,,tid ristht-c-[t-\\~~\ ltt~, 1 S.t()~ 17'~(t"'t~4"., l x,89 [eet: t[lence, (s} S.;(}'~3t}'{}7"f:, ?~,f7[ Ceet tc~ tflt t'UIN"T t31+ t3F,t.:lNNtNC. [ ilc aht.r\e: e[~~~ riE,~,t {7ar•e:~l C:tlNTA1N'+ 1~i79 tic]u~rr~: fort. rll{.}r°e car le°s~. SIiCiJEC'T Tt) Itt~~~-rcl clc-rttrnenis: ~:;-~ . ~ e~ J~ ,~,., ~ ~"~ ta-~~_~,~_; j ~^ ~" 13t1f~i. • ~ C}l.~l~it ci'!l1j1=1`il m ~ \A~fl':~1~ ' t c.' ~ ~, u ~~ ,~ ,- n~ .r ~~ ' l r u, ' \ u. ~I'~ t?F MERIDIAN WATER EASEMENT ACQUISITC~N ,~ MISSIE~N t7AT PRaPETIES Locoted in thee. NE 1 /4 SE 1 f 4 SECTION 30 TO-MNSHIP 3 Nt3RTH, RANGE 1 EAST,.. B.M,. ADA CQtJNTY, IQAHU o s ~ ~~ ~o ~ ~ .~~ .~ S 1 ~G3 ' t~ ~ ~ / ~~ / t / • r~ f i LL l ` r'- ~f/ ~ '/! ' ~CS f f •f ffffCl ~ ~ */ \ ~ !,` ~ ,~ rv j ¢, ~ ~ R ~ .~ /~/ ,' r , . , ~ ~ ~ r . ~ /~~~~. ~f ~ ~ ~ ~ ~~ ~.. c_, ~ ~~ ' ~ ~I ~s~~( o ~ 'r`~ i ,%~ .,g~ / gyp, L~ ~, '"t O p~ ~~ ~.E~END P.o.g, d - ~~ ~ ~;~ 1 b -~h-1.3,,~~-,; { - , ~, ~ `f~'~` r~ o~ `,°~~ ~``' t ~ ~ J, r t• ~= ~` ~~~' T° O E IV G ICJ E E R 5 ...9777 CHINDEfY ~ E..' ~~` ~,ri=ja 'tt'_.E.:i~~?f'i" f3(~fSE. IDAHO ~~ _. wH~~roe. rza~~ ~zs-.~ r;rt ~~-~~~~ _ _ ik ~ ', i ,~~~i~E IDIAN~- Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of City Council FROM: Kyle Radek DATE: :December 18, 2013 Mayor Tammy ~ Weed ~~ ~,~ ~~un c~,aaes Rou~ree Da~rid Zaremba SUBJECT: WATER MAIN EASEMENT'FROM :MISSION COAST PROPERTIES L. RECOMMENDED ACTION A. Move to: 1. Approve the Water Main Easement from Richard and BethDavies; 2. Authorize the Mayor to sign the easement. iL DEPARTMENT CONTACT PERSONS .Kyle Radek, Assistant City Engineer 489-Q343 Warren Stewart, FW Engineering Manager 483-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTIpN A. Background In `order to serve the new Pressure Zone 5 in south Meridian, he City is :designing and constructing a waterline extension project from the new booster station south of Victory Road, to Wrightwood Drive south of the Ridenbaugh Canal. This waterline extension will cross both the Ridenbaugh Canal and Tenmile Greek. The: crossings are planned outside of the roadway and require easements from neighboring property owners. B. Proposed Project The subject easement will enable the waterline extension crossing of the Ridenbaugh Canal. ~~ IV. IlVIPACT A. Strategic Impact:.. .Page 1 of 2 The waterline extension project promotes the Public Works mission of providing ~ exemplary public services and facilities that support the needs of our growing community. B. Service/Delivery Impact; The project will allow service to he newly developing Pressure Zone 5. C. Fiscallmpact: This easement is granted at no cost to the City.: V. TIME CQNSTRAIlYTS The attached easement needs to be executed so that construction can take_place in,early spring, 2414. VI. LIST 4F ATTAC)EIlVI)CNTS Water'Main Easement and legal descri n' Approved for Council Agenda: ~1 z 1~ 1'* / ate Pope 2 oj2 Meridian -fifty Council Meeting DATE: January 7, 2014 ITEM NUMBER: 5J i~RQJECT NUMBER: ITEM TITLE: SEWER AND WATER EASEMENT COPE SUBDIVISION Sewer and water Easement for Cope Subdivision MEETIN~3I~TES ". ~, ~~ ~ ~~~ Community ItemtRresentations Presenter Contact InfoJNotes CLERKS OFFICE FINAL ACTl4N E-MAILED TO BENT TO BENT TO DATE: 8TAFF /1QENCY APPLICANT ~~ ~~ Land Development Services Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 TO: Mayor Tammy de Weerd Members of the City Council FROM: Steve O'Brien DATE: 12/23/13 SUBJECT: Sewer and Water Easement for Cope Subdivision I. RECOMMENDED ACTION A. Move to: 1. Approve a Sewer and Water Main Easement for the City of Meridian, located on the site of Cope Subdivision. 2. This easement provides the City of Meridian access to public sewer and water mains installed to provide service for Cope Subdivision. 3. Authorize the Mayor to sign the easement, and the City Clerk to attest. II. DEPARTMENT CONTACT PERSONS Bruce Chatterton, Community Development Director Bruce Freckleton, Development Services Manager Steve O'Brien, Development Analyst II eve O'Brien, Development Analyst II ~~- Bruce Fre eton, Development Services Manager 884-5533 489-0362 489-0371 Recommending Approval Ph: 208.887.2211 • www.meridiancity.org • Fax 208.887.1297 Rev: 01/2013 Mein City Council A+l~reting DATE: January 7, 2014 ITEM NUMBER: 5K PROJECT NUMBER: ITEM TITLE: SEWER AND WATER EASEMENT THE FIELDS AT GRAMMERCY Sewer and Water Main Easement for The Fields at Gramercy MEETING NOTES ~~~ ~~~~ 1 Community I~m/Preaentationa Presenter Contact info./Notes CLERKS OFFICE FINAL ACTION OV1T1:: E~MRI~ T4 BENT TO 8ENT TO NOTE8 INITULLB 8TAFR !-tiENCY APPLICANT Land Development Services Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 TO: Mayor Tammy de Weerd Members of the City Council FROM: Steve O'Brien DATE: 12/23/13 SUBJECT: Sewer and Water Main Easement for The Fields at Gramercy I. RECOMMENDED ACTION A. Move to: 1. Approve a Sewer and Water Main Easement for the City of Meridian, located on the site of The Fields at Gramercy Subdivision. 2. This easement provides the City of Meridian access to public sewer and water mains installed to provide service for The Fields at Gramercy Subdivision. 3. Authorize the Mayor to sign the easement, and the City Clerk to attest. II. DEPARTMENT CONTACT PERSONS Bruce Chatterton, Community Development Director Bruce Freckleton, Development Services Manager Steve O'Brien, Development Analyst II J. ~~ v Steve O'Brien, Development Analyst II 884-5533 489-0362 489-0371 Recommending Approval Bruce F~ckletor~, Development Services Manager Ph: 208.887.2211 • www.meridiancity.org Fax 208.887.1297 Rev: 01/2013 ADA COUNTY RECORDER Christopher Q. Rich AMOUNT .00 13 BOISE IDAHO 01/09114 01:14 PM DEPUTY BonnieOberbillig 'II I"I'I'I'I"I'I('I~'I"("I~I~"I' RECORDED-REQUEST OF 1 I Meridian City 1140~~~5f~ SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this ~~day of nva. _, 20 between .Fields At .. Gramercy LLC ,the parties of the first part, and hereinafte .called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a :sanitary sewer and water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through .underground pipelines to be constructed by others; and WHEREAS, it wily be necessary to rnaintain 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 valuable consideration, the Grantors do .hereby give,. grant and convey unto the Grantee the right-of--way far an easement: for the operation and maintenance of sanitary sewer and water mains over and .across the fallowing described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction. and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience ofthe Grantee, with the free right of access to such facilities at any -and all times. TO HAVE AND TO HOLD, the said. easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent 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 thus easement. THE GRANTORS hereby covenant and agree that they will notplaee or allow tote placed any permanent structures, trees, brush, or perennial shrubs ar flowers within the area Sanitary Sewer and Water Main Easement Meridian Sewer-Water case form.dac described for this easement,. which would interfere with the use of said easement, far 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 Tie within the boundaries of any public street, then, to such extent, :such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, .shall cease and became.. null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized.. and possessed. of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and foreverdefend the title and quiet possession thereof against the lawful claims of all persons whomsoever,. IN WITNESS WI-~REOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written, GRANTOR: William O. Perry, Manager Fields At Gramercy, LLG ~ 17 East Winchestear Street #2QQ '.:Murray, UT 84147 STA'T'E OF ~~ -}~~ ~ ~ ~ , - , ~ ) ss County of ~4~.~ ~ ~r~-(C~~:. j i~ t. ~ On this 1 ~ ~ ' day of ~}'~' ~' ~ ~~ ~t f f`-` , 20~, before me, the undersigned, a Notary. Public in and for said State, personally appeared William O. Perry, known or identified to me to be the Manager of Fields At Gramercy, LLC, an Idaho Limited Liability Company, that executed the within instrument on 'behalf of said Limited Liability Company, and acknowledged tpme that such Limited Liability Company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my off cial seal the day and year fist above written. ,, .r~ N woozy C01~~=~ N~1K ,.. ' per. EXl~. ~,1~ Sanitary Sewer and Water Main Easement ease form.doc ,~L ~ NUTARY PUELIC FOR ',t, ~~-1 ~" Residing at: ~~f C f E~ f~-~ ~ '~--~ c L~ /~. Commission Expires: ~ f r."~~_ ' , ~f~` ~ 1 `~' Meridian Sewer-Water ~ GRANTEE: CITY OF MERIDIAN Tammy eerd, M or r ~ // n, ' 1 Attest by~aycee L. Holman, Approved By City Council STATE OF IDAHO, Clerk ~- ~; .. _.. ~~.+UY ?i~`"..dW : ss. County of Ada ) On this~day of`~~,~' ~.2 , 20 ~- .before me, the undersigned, a Notary Public ;n and for said State ersonall eared Tam p y pp my 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 nstrttment, 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) ~~ ~ 6 4 yt t 3. ~6 Sanitary Sewer and Water Main. Easement ease farm.doc 1VOTARY PUBIrIC FOR ID7~ Residing at: ~-{-Q, t~~ ~~ i a v, Commission Expires:- rL Meridian Sewer-Water ~1 EXHIBIT "A" DESCRIPTION FOR WATER `EASEMENT - ~ ~ Revised April 12, 2013 - filed in B akr991 f Platds atlpagest 12619 1"2 ~ of Block 7, Gramercy Subdivision No. 1 as ~ ° - 622, official records of Ada County, Idaho, . together with a portion of the .West half of. he Northeast quarter, of Section 20, Township 3 North, Range 1 East, B.M., Meridian, Ada County, Idaho, and more particularly described as follows: ; Commencing at the Northwest comer of the Northeast quarter of said Section 20 (N'/<~corner), from which the Northeast corner of said Northeast quarter bears North 89°46'02".East, a distance of 2656.88 feet; thence along the Northerly boundary of said Northeast quarter North 89°46'02" East, a distance of 1306.86 feet to a paint; thence leaving said Northerly boundary South 0°13'58' East, a distance of 45.00 feet to a paint marking the Northeasterly: comer of said Gramercy Subdivision No. 1, said point also -being the Northwesterly comer of Bonito Subdivision, as filed in Book 85 of Puts at Pages 9783-9788, official records of Ada County, Idaho; thence along.the easterly :boundary line of said Gramercy Subdivision No. 1 and the westerly boundary line of said Bonito Subdivision South 1°42'39" West, a distance of 1288.12 feet to a point marking the Northeast corner of Lot 3 of Block 7 of said Gramercy Subdivision No. 1. Thence .leaving said. easterly and westerly boundary lines and along the northerly boundary lines of said t.ot 3 and Lot 2, Block 1 of said Gramercy Subdivision Na. 1 North 89°35'56" West, a distance of 279.58 #eet to the RFr41_ POINT QF BEGINNING; Thence departing said nartherfy boundary Imes and along the following courses and distances:. Thence South QO°23'37" West, 102.23 feet; Thence South 89°36'04" East, 93.80 feet; Thence North, 25.41 feet; Thence East, 25.33 feet; Thence South, 18.06 feet; Thence East, :6.77 fleet; Thence South, 7.57 feet;: Thence South 89°36'04":East, 112.81 feet; Thence South 01 °42`39".West, 714.51 feet;. Thence West, 281.94 feet;. Thence South, 41,54 feet; Thence South 89°54'13" West, 20.00 feet; Thence North, 64.3$ feet;: .~ ::Thence South 89°52'31" West, 15.71 feet; Thence North, 13.40 feet; ., , ' Thence South 89°59'42" West, 122:41-feet; ~' ". Thence Norkh 00°00'03" West, 15.84 feet; . ~ Thence North 89°59'42" East,,101.04 feet; - , Thence North 00°00`18"-West, 9.16 feat; Thence North 89°59'42" East, 37.08 feet, Thence North, 137.63 feet; Thence West, 34.58 feet; . Thence North, 10.78 feet;. ~ Thence West, 79.75 feet; Thence North, 14.22 feet; Thence East, 98.23 feet;: Thence North, 11.7Q feet; Thence East, 12.30 feet; Thence North 05°34'36'" West, 68.74 feet; Thence North 00°07'29" West, 66.58 feet; Thence West, 31.86 feet; Thence North, 25:00 feet; Thence East,: 31.80 feet; Thence North 00°07'29" West,. 74,12 feet; Thence South 89°52'31"'West, 17.39 feet; Thence North 00°07'29" West, 20.00 feet; Thence North 89°52'31" East, 77.39 feet;. /~ Thence North QO°07'29" West, 76.13 feet; - . 'Thence South 89°52'31" West, 99.11 feet; ` . ~ .: . ~ ~ . Thence South D0°07'29".East, 26:46 feet;. - Thence South 89°.52'31",West, 17.33 feet; ,. Thence. North 16°03'50° West, 9.72 feet; - ~ ~ ; . ~ .. . `Thence North 00'0729".West, 37.11 feet; -~ . ~ - ~ Thence North 89°52'31" East, 139.11 feet; - Thence South 00°0729" East, 74.54 feet; Thence East, 42.45 feet; Thence South, 25.00 feet;: Thence West, 42.40 feet; ~ ,Thence South 00°07'29" East, 181.34.. feet; Thence South 05°34'36" East, 60.46 feet; Thence East, 47.11 fee# Thence South, 25.010 feet; Thence West, 44.67 feet; Thence South 05°34'36" East, 22.29 feet; Thence South, 177.56 feet; Thence East, 112.49 feet;. Thence North, 32.00 feet; Thence East, 25.00 feet; Thence South, 9.38 feet; Thence East, 9.66 feet; ~ 'Thence South, 22.62 feet;: Thence East, 115.37 fee# ~1 Thence North 01°42'39" East, 171.29- feet; Thence North 88° 17'21." West, 31.50 feet; Thence North 0.1°42'3.9" East, .25.00 feet; Thence South 88',1 T21" East, :13.1.2 feet;' '~ Thence North 01°42'39" East; 22.06 feet; Thence :South 88°,1 T21 " East, 18.38 feet; . Thence North 01 °42'39" 'East,`214.10 feet; Thence North 8$°17'21" West, 31.50 feet; Thence North 01°42'39" East, 25.00 feet; Thence South 88°17'21" East, '1.3.08 feet; , Thence North 01°42`39" East, 30.31 feet; Thence South 88°17'21:"' East, 18.42 feet; Thence North Q7°42'39" East, 186.87 feet; "thence North 89°36'04" West, 162.54 feet; Thence South 00°05'39" West,. 57.46 feet;. Thence North 89°04'21" West, 20.00 feet; Thence North QO°05'39" East, 57.57 #eet; Thence North 89°36'04" West, 55.71 feet, Thence North 00°23'37" East, 27.03 fleet; 'Thence South 89°59'57" West, 39.60 feet; Thence South 00°00'03"'East, 11.96 feet,. Thence South 89°59'57" West, 20.fl0 feet; Thence North 00°00'03" West, 11.96-feet; Thence South 89°59`57" West, 97.43 feet; Thence North'04°OtJ'03" West, 19.32 feet; . Thence North 89°59'57" East, 1 Q0.05 feet;. ~~ Thence North a0°00`03" West, 5.71 feet,: . "Thence North 89°59'57" East, 57:15 feet; Thence North 00°23'37" East, 70 16 feet.to a point on the northerly boundary tine . of said .Lot 2; Thence along said northerly boundary tine South. 89°35'56" East, .0.0.0 feet to .~ .. the.REALPg1NT.SJFBEGINNtNG. ,. ,, _ .. ;~:. `. ~:~~. - .. . _ ... ~~~ SSG ~ ,: 20 120 BASIS OF BEARING ` N 89'46'02°E'. 265b.88' a s~ 24t~ 1 41 ~ 1306.86'_ 13so.oz' 17 16 SCALE: ~ " = ~ 2O' E. OVERf_AND RD. . SQt)'13'S8"E 2D 21 45.00'"°: ~`' 589'35'56"E~ _ _ uo~-~~, _ _ _ 570.33'.. _.i S- 0~ 1.42'3s''w 1 ~ 27ssa t 28x.12' ~i I RP06 WATER. . ~r' "'i I ° EASEAiENT D ~ r J ~, - .. O c") r*7 L104 ~^1106 ~ . i. 123. ~ `' ~ r ( _ .. o~ -_._ I Nr_~ 25 rr'D ~-L26 X27. v O .~ ~ W L L102 ~~ r L98~ ~-_-L21 ~ ~• rr z ~^ ! ~rv - ~ U 00~ ~ to ,~ -gyp Q rn nL----i r--- .. I~ ml 1~ i `5~,1 . I I i _ ' I L.tn ~ I I z L94 - t ` ~, .. ,. ~I .1.06? ., ~ 161 ~I -.I. _ ~ ..• ru, w I IQ, 20.00' 1 1 1 < ~o L_5$ ~j ~N Tl'P.~ II-.-- 1(n I ~+ ~ 163 r¢ 180J ~ ~ 54J ~~ ~ l88 m) 1 ~~ ~, t" r-- .. 1 -P w L..t i L65 ~~ IN I Q • cnl I `j j~ > ~~ ~r ~~ Im t 1~ 1 ..aL- i~ ' Ins 1 I L481 I I ~ ~i E ~1 )~ { L f 1~ I~ ~_` rf !r j ~~ Clt ~~S ~ Iv L&8 J 1 _ +C71 1 Cgg '~ L___.rm L8 J1 ~ 10 ~r-- ~-~.._.~ Jj L10`9~r~ ~ I I _,L--1.41 ~--- rJt_7Q rol t I r i ~ i 1~ poi ~ i ~ I 1 JI 1 I 1 I N + 1 t ~ ~ aJ°,t F 1 I I t i I w 1371 1 ^r° 20.00 t W~___L35-_rnt-__~ ~ ~r?~L77 TYP. ~ 11""''." 1 ..133 ~~LT L--- L?3 --~J ~J __ 1~79_,.._.i i 1 '~I ~- -N 90'00'00" W 28L84' _ _ L29~ Iii ~ 0~~~. ~A~/t~ S 8:9'54'13-ss ~ - - - - - -r- - - ~1 ~ 613.48 °' ~"` LEGEND .--- - _' - - - - SUBDEVISION BOUNDARY UNE +Q- T Q RIGHT-as"-WAY UNE a'~ 4'~/S~/3.tQ ---------------------- 20.0' WIDE {TYP.) mil' 9TF \QP~~~ WATER UNE EASEMENT ~/~+k ~ SC~~~ jwb~Atxdwie Sih~.:son No.t fROt t2-tt4\t,q~.0.ee5ub SawWalEw~ o~,naas a/,s/zosS ,a~os ~u ~r IDAHQ EXHIBIT "B" DRAWING FOR Iz''Og-,t+°~ '°5°E.w"T~RT°"~RST 20.~ WIDE WATER EASEh/~ENT SURVEY ~'"TE'~° No. ~'s ~+~ou+N,roa+oax~12 ACCOLADE SUBDIVISION NO. 1 ? OF 2 GROUP P.G. ,~~~76 ARE-SUBDIYI OF LOTS 1 THROUpi 3, QEOgt T OF GRAMEItCY 5U6 N0.1 ~ TOGETHER WlTFI A PORTION OF THE W i/2 OF 1}iE NE 1/4 OF ~CTtON 20, ~• GATE _. . T:lld. Atw Ru 41cvw.au au..ewtu~ar.n..,.. Q4-]2-13 WATER EASEMENT DATA LINE 7'AB~E L(NE BEARING LENGTH L20 S 00'23'37° W 102.23' - L21, 5 89'36'04" E .93.80' L22 _ ~ iJ 00'00'00"-; E ` .25.41' ; L23 S 90'00'00"' E 25.33' -L24~ ~ 5:;:00'00'.00':-W~~ ~: _;18.06' L25 S 90'00'00"'>_ 6.77' L26 . S :00'00'<00" ; W 7:57' L27 S 89'36'04" E 112.81' L28 S °'00"00'00" E 41.54' L29 S '89'54'13" W 20:00' ' C30 N 00'00'00" W 64.38' L31 S 89'52'31" W 15.71' L32 N 00'00'00" W 13.40' t33 S 89'59'42" W 122.41' L34 N 00'00'03" W 15.84' L35 N 89'59'42" E 101.04' L36 N 00'00'18" W 9.16' L37 N 89'59'42" E 37.08' L38 N 00'00'00" W 137.63' L39 N 90'00'00" W 34.58' L40 N 00'00'00" E 10.78' L41 N 90'00'00" W 79.75' L42 N 00'00'00" E 14.22' L43 S 90'00'00" E 98.23' L44 N 00'00'00" E 11.70' L45 N 90'00'00" E 12.30' L46 N 0534'36" W 68.74' L47 N 00'07'29" W 66:58'. L48 N 90'00'00" W 31.86' L49 N 00'00'00" E 25.00' L50 S 90'00'00" E 31.80' _L51 N 00'07'29" W 74.12' L52 S 89'52'31" W 17,39"' L53 N 00'07'29" W 20.00' L54 N 89'52'31" E 17.39' L55 N 00'07'29" W 76.13' L56 S 89'52'31" W 99.11' L57 S 00'07'29" E 26.46' L58 S 89'52'31" W 17.33' L59 N 16'03'50" W 9.72' L60 N 00'07'29" W 37.11' L61 N 89'52'31" E 139.11' L62 5 00'07'29" E 74.54' L63 N 90'00'00" E 42.45` L64 5 00'00'00" E 25.00' LINE TABLE LINE BEARING _ LENGTH L65 N 90'00'00" W 42.40' L66 S 00'07'29" E 181.34' L67 5 ° 05'34'36.° E - 60.46' L68 S 90'00'00" E 47.11' L69, S 00'00'00° W 25.00' . L70 N 90'00'00" W 44.fi7' L71 S 05'34'36" E .22.29' L72 S 00'00'00" E 177:56' L73 S 90'00'00" E 112.49' L74 N 00'00'00" E 32.00' L75 N 90'00'00" E ` 25.00' L76 S 00'00'00" E 9.38' L77 N 90'00'00" E 9.6fi` L78, S 00'00'00" W 22.62' L79 N 90'00'00" E 115.37' L80 N 01'42'39" E 171.29' L81 N 88'17'21" W 31.50' ` L82 N 01'42'39" E 25.OQ' `L83 N 01'42'39" E 22.06' L84 S 88'17'21" E 18.38' `L85 N 01'42'39" E 214.10' L$6 N 88'17'21" W 31.50' L87 N 01'42'39" E 25.00' L$8' S 88'17'21" E 13.08` L89 N 01'42`39" E 30.31' L90 S 88'1721" E 18.42' L91 N 01'42'39" E 186.87 L92 N 89'36'04" W 162.54' L93 5 00'05'39" W 57.46' L94 N 89'54'21" W 20.00' L95 N 00'05'39" E 57.57' L96 N 89'36'04" W 55.71' L97 N 00'23'37" E 27.03' L98 S 89'59'57" W 39.60' L99 S 00'00'03" E 11.96' L100 S 89'59'57" W 20.00' L101 N 00'00'03" W 11.96' L102 5 89'59'57" W 97.43' L103 N 00'00'03" W 19.32' L104 N 89'59'57" E 100.05' L105 N 00'00'03" W 5.71 ' L106 N 89'59'57" E 57.15' ~ L107 N 00'23'37" E 70.16' L108 S 89'35'56° 'E 20.00' L109 S 88'17'21" E 13.12' suso r.n~cc.\ACCdoa S~Aat~t.mn re,.i vt,t iz-iat~,wplAxs~,b s...wa:ew. ocaa,n~.aWy af+s.fm~s itxztt oe ~u uor \~~yPl. LAND s 01~ ~~ 4/is~3 ~ ~- 9~~ ~TF O F ,QP ~ ~~K J. S CH~~F NQ~1H~ EXHIBIT "C" DRAW[NG FOR aoe No. ,a~~.W~TF~TO~~ WATER EASEMENT DATA TABLES 12-'~ SURVEY S~>TE"° ACCOLADE SUBDiVIS10N N0. 1 ` NO' GROUP P.C. ~.~o a2 2 OF A RE-SUBDl1A of LOTS t AOUGH 3. SOCK 7 OF GRAMERCtir SUg Np, t ! Ti7GETHER WITH A PORTION ~ THE W i/2 OF THE NE 1/4 OF SECTION 20, ~~. GATE _..-. _ - T3N BtC AV ucvtueu •ne. rru,~/rv me.,.+ 0~-12-1~ r1 EXHIBIT "A"~ DESCRIPTION'FQRSFWER EASEMENT ` ~ Revised April 12, 2013 A parcel of land being tots 1, 2, and 3 of:Block 7, Gramercy Subdivision No:'1 as :filed in Book 99 of Plats at pages 12619-92622, official records of Ada.County, Idaho, _ 'together with a portion of the West half of the Northeast quarter~of Section` 20, Township _ 3 North, Range 1 East, B.M., Meridian, Ada County, Idaho, and more particularly .: • : ~ described as follows: . . Commencing at the Northuvest corner of tFie Northeast quarter of said Section 20 (N'/ corner), from which the Northeast corner of said Northeast quarter bears North 89°46'02" East, a distance of 2656.88 feet; thence along the Northerly boundary of aid ,Northeast quarter North 89°46'02n East, a distance of 1306.86 feet to a point; thence leaving said Northerly boundary South 0°13'5$" East, a distance of 45.00 feet to apont marking the Northeasterly comer of said Gramercy :Subdivision No. 1, said point also being the Northwesterly corner of Bonita Subdivision, as filed in "Book 85 of Plats at Pages 9783-9788, official records of Ada County, Idaho; .thence along the easterly boundary line of said Gramercy Subdivision No. 1 and the westerly boundary line of said 13onit© ubdivision South 1°42'39" West, a distance of 1288.12 feet to a point marking the Northeast comer of Lot 3 of Block 7 of said Gramercy Subdivision No. 1: Thence leaving .said easterly and westerly boundary lines and along the northerly boundary lines of saitl Lot 3 and Lot 2, Block 1 of said Gramercy Subdivision No. 1 North 89°35'56" West, a distance of 301.55 feet to the REAL ROlNT QF BEGINNING; Thence departing .said northerly boundary lines and along the fallowing courses. and distances: Thence South 00°24'04" West, 142.39 fee# Thence South 89°35'56" East,. 50.58 feet; Thence South Od°24'04" West, 20.00 feet; Thence North 89°35'56" West, 53.79 fee#; Thence South 22°01'41" West, 106.42 feet; Thence South 00°30'35" East, `199.69 feet; Thence South 03°17'41" East, 159.96 feet; Thence South, 239.36 feet; Thence South 89°54'13" West, 20.00 fee#; Thence North, 238.:82 feet; Thence North 03°'17'41" West, '159.87 feet; ~1 Thence North 00°30'35"INest,.204.16 feet; Thence North 22°01`41"'East, 1'15.29 feet;. ' fihence North 00°24'04" East, 150.48.fee#ao a point on fhe.riorthei-ly boundary ..line of-said Lat 2; - ,; ' . _ . . ~Thence'along said northerly boundary line South 89°35'56" East, 20 OO feet ta. ~ " ; .. . ahe REAL POINT OF BEGINNING. "' :- _ ~Q r~ ~a 12Ea @ASIS OF BEARING 0 r 64 :r 240. ~ 7 N 89'46'02"E 2556.88' SCALE: ~ _ ~,20 'I 42Q 1306.86'_ •1350.02' ~7 ~6 E: 'OVERLAND RD. 5oa'13 ss"E 20 21 RPOB SEWER 45.00'x': SS93S'S6"E :EASEMENT-~ 570..33' . L124 ~ j - 3fl1.55 1288. t 2' ' e. i .. rsl ' fo c~~i~ . J L :. - ~~. ~I ~ o ~ ~ ~. . I J F I ~ I _ I L L191 ~~ ~ ~ '~~ - °m _. / ~___J_, I / / Lt13 p Z - ^ryN/ / ?QO ~ ~~ ~ ` OZ Q / `~ c ~ I ~ p ~ ' I itn ~1 ~ ~ r SEWER. `EASEMENT DATA !o I ', t~ rl I r -~ I I I 'I 'I 'I ~ j '1 1 ~ ! 1 1 -1 =f `I. T i - t }i Ir I t; p1 1rn '1 I l `1 l ~ t I ii r I L{NE TABLE LINE BEARING LENGTH t, ~ 0 s 00.24'04" w 142.39' L111 5 89'35'56" E 50.5$' 'L112 S 00'24'04" W 20A0" L113 N 89'35'56" W 53.79` U14 S 22'01'41" W 306.42' L115 S 00'30'35" E 199.69" L116 S '03'i7'41" E 159.96' L117 S 00'00'00" E 239.36' L118 S 89'54'13" W 20.00' U 19 N 00'00'00" W 238.82' L120 N 03'1 T41 " W _ 159.$7 , L12t N 00'30'35" W .204.]&' L122 N 22'01'4" E 115.29" L123 N 00'24'04" E 150.48' Lf 24 S 8935'56" E .:20.00' Ilv 0 I a Q ~~ ~ i #~ V Cn 1 f ~'f 1I r~ f E e ! ---i ,----20.00' r I I 1~. `~~ LqN© j ~ L418 ~ V~G '~ J S 89"54'13" GY G N D 613.48`- o.. '~ ~ ~ "" "- -- SUBDIVISION! BOUNQARY LINE ~'h~[!~//3 ~0 ~- RtGHfi-OF-WAY U'NE ~` ~TF COQ` ~~ ----------------------- 20.0` WIDE {TYP.) 'CITY OF ~/C'/f ~ S GN~~~ Iv1ERIdIAN SANITARY SEWER rNaalae~.`sub ~.~ riot tz-tu~e.gy~y,s ss,VralEm;E'1~otntaaw •/tslmta a~osEwEiroNrT ~ ~ tt56 E. WATERTQ!NER ST. SURVEY ~.,~.~ GRQUP, P,C, `~' EXHIBIT "B" DRAWING FOR 2Q.0' WIDE SEINER EASEMENT :ACCOLADE SUBDIVISION N0. 1 1N A PKX2itON OF 1'HE W 1/2 ~ 'IHE NE 1/4 OF 7St~l ra:1F RL ueam~anc ana !Y'u turv ~n~un ho. tz-t+~ 1 OF' 1 ~ CMG. OA7E W-12-13 E I I~IA^-.- ~0 ~~ Community Development Department TO: Mayor Tammy de Weerd Members of the City Council. FROMs Steve O`Brien DATE:. 12/23/13.. land DeveNopment Services Meridian City Hall, Suite 102 33 E, Broadway Avenue Meridian, Idaho 83642 SUBJECT:. Sewer and Water Main Easement for The Fields at Gramercy t. RECOMMENDED ACTION A. Move to: 1. Approve a Sewer and Water Main Easement for the City of .Meridian,: located on the site of The Fields at Gramercy Subdivision. 2. This easement provides the City of Meridian. access to public sewer and water mains installed to provide service. for The Fields at 'Gramercy :Subdivision. 3. Authorize the Mayor to sign the easement, and the City Clerk to attest;: 11. DEPARTMENT C©NTACT PERSONS Bruce Chatterton, Community Development Director Bruce_Freckieton, Development Services Manager Steve (J'Brien, Development Analyst I.I. J~ ~~ v Steve O'Brien, Development Analyst fl ~ Bruce F ckleto ,Development Services Manager Ph : 208.887.2211 www,meridiancity:org $84-5533 489-0362 '.489-371 Recommending Approval ~ Fax 208.887.1297 Revi t~l~fil3 Meridian City Council Meeting DATE:-January 7, 2014 ITEM NUMBER: 5L PROJECT NUMBER: ITEM Tf'RE: AWARD OF BID AND AGREEMENT STAR CONSTRUCTION Approval of Award of Bid and Agreement to Star Construction for the Water Line Replacement - NE 5th Street Project for the Not-to-Exceed Amount of $77,005.00 MEETING NOTES ~~~ ~~ Community Itsm/Presentations Presenter Contact InfoJNotes CLERKS OFFICE FINAL ACTION ~~: $-MAIt.ED TO 8ENT TO SENT TO NOTE8 INITlAL8 STAFF AOENCY APPLICANT ~\ n • To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Austin Peterson .Date: 01 /02/14 Rey January 7'"City Counai Meeting Agenda .Item The Purchasing Department respectfully rrequests that the following .item be placed on the January 7'City Counc1 Consent Agenda for Council's consideration. Ahuroval of Award of Bid and Agreement to Star Construction for the "Water Line Replacements -- NE 5~' Street Construction" project for aNot-To-Exceed amount of $77.005.00. Recommended Council Action; .Approval of Award of Bid and Agreement to Star Construction for the Not-To-Exceed amount of $77,Qp5.00. Thank you for your consideration. • Page 1 ~, E IDIAl~1'~-- '~` Public ~ o a H o Works Department TO: Keith Watts Purchasing Manager .FROM: Austin Petersen Transportation :and Utility Coordinator Mayor Tammy de Weefd KeINt Sircl Brad Hoa~un Charles Rountree David Zar~emtsa DATE: January 2, 2014 SUBJECT: Project Iut'ormation Memo; NE 5t6 Street Water Line Replacement (Construction) I DEPARTMENT CONTACT' PERSONS ~ Austin Petersen,'Transportation and Utility Coordinator (PM) 4$9-0352 Wanen Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 II. DESCRIPTION A. Back r The City is systematically replacing undersized waterlines to provide peak water and fire flow demands in the downtown .area. The existing 4" and 6" waterlines along NE 5`h Street are undersized. and are scheduled to be replaced with an 8" line. B. Proposed Project This scope of work for this project is to replace approximately 680 linear feet of existing 4 inch and 6 'inch water line, located along NE 5th Street between East Pine Avenue and East Washington Avenue, with a' new 8-inch. line. The design has been completed and construction will begin in January 2014. Work that will be perfonmed includes removing existing pavement, trench excavation, pipeline installation, installation of new water service lines, backfilling the trench, and surface restoration. Work around irrigation lines must be completed by March 15, 201.4. All work is expected to be completed within 60 days of the start of construction. Page 1 oj2 IlVIPACT A. B. Strategic Impact: This .project meets our mission requirements of indentifying and prioritizing work to anticipate, plan .and provide public services that support the needs of our growing community and ensure modern reliable facilities while maintaining financial stewardship. ServicelDelvery Impact: The new 8" waterline will provide sufficient peak water and fire flow service to residences located on this section of NE 5'~ Street. C. FiscalImpacts- Funds to support this project will be provided from the Waterline Replacements account. D. Project Costs Contractor Agreement E. Project Funding Waterline Replacements 60-3490-95000 N. LIST QF ATTACAMENTS A. Contractor Agreement Approved for Council Agenda: ~......~- m_ ' $77,005.00 $77,005.00 Z /~ Page 2:of 3 AGREEMENT F4R INDEPENDENT CONTRACTOR SERVICES (WATER LINE REPLACEMENT - NE 5TH STREET'} PROJECT # 10237 THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this day of January, 2014, and entered into by and .between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Star Construction, hereinafter referred to as "CONTRACTOR", whose business address is P O Box 157. Star. ID 8 and whose Public Works Contractor License # is C-14428-AAA-4. INTRODUCTION Whereas, the City has a need for cervices involving V1lATFR LLNE REPLACEMENT - NE 5TH STREET; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; 'NOW., THEREFORE, in consideration of the mutual .promises, covenants, terms and condjtions hereinafter contained, the parties agree as follows: ~'`~ TERMS AND CONQITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform. and furnish to the City upon execution of this Agreement and receipt of the City's wrrtten notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. i .2 Ali documents, drawings and written work product prepared or produced by the .Contractor under this Agreement, jncluding without limitation :electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. if any .such work is copyrjghtable, the Contractor may copyright the same, exceptthat, as to any work which js copyrighted. by the Contractor, the City reserves aroyalty-free, non-exclusive, and irrevocable license to reproduce, publish and. use such work, or any part thereof, and to .authorize others to da sa 1.3 The Contractor heN 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 WATER LINE flEPIAGEMEtVT - NE 5TH STREET page 1 of 12 Project 10237 ~ represents and warrants that it will perform its work in accordance with generally accepted industry standards and .practices for the profession or professions that are used in performance. of this Agreement. and that :are in effect at the time of performance of this Agreement.. Except for that representation and any :representations made or .contained. in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this .Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely mannern accordance with a Schedule of Work, which the parties hereto shall. agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall becompensated on aNot-To-Exceed basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a .part hereof for the Not-To-Exceed amount of 7 05.00. 2.2 The Contractor 'shall provide the City with a m©nthiy statement and .supporting invoices, as the work warrants, of fees earned and costs incurred. for services provided'during the billing period, which the City will pay within 30 days of ~ receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by Gity to Contractor under the terms and conditions of this Agreement. Payment of .all taxes and other assessments on such sums Js the sale responsibility of Contractor. 2.3 Except as .expressly provided Jn this. Agreement, Contractor shall .not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this.Agreement o consideration in the form of overtime, health insurance .benefits, retirement .benefits, paid holidays or other paid leaves of absence of any type or kind :whatsoever. 3. Term: 3.1 This-.agreement shall become effective upon execution by both parties, and shall expire upon (a} completion ofthe agreed upon work, (b) September 30, 20:14 or (c) unless sooner terminated as provided below or unless. some other method or time of termination is listed in Attachment A. WATER LINE REPLACEMENT - NE 5TH STREET page 2 of 12 Project 10237 3.2 Should Contractor default in the performance of this Agreement or materially ~''1 breach any of its provisions, City, at City's option, mayterminate this Agreement by giving written notification to Corrtractor: 3.3 Should,City fail to pay Contractor all or any part of the compensation set forth in Attachment B bf this Agreement on the date due, Contractor, at the Contractor's option, may 'terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 TIME :FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed,. the Contractor shall have 60 (sixty) calendar days #o complete the work as described herein, excluding irrigation crossings (see below}, Contractor shall be liable to the City for any delay beyond this time period in the amount of 5 ive h ndred oll per calendar day:. Such payment shah. be construed to be liquidated damages by the Contractor in lieu of any -claim or damage because of such delay and not be construed as a penalty All Irrigation Crossings shall be completed by March 1,_2014. Contractor shall be 'liable to the City for any delay beyond this time period in the amount of 1 00 on thou nd d 'll r per calendar day. Such payment shall be construed to be liquidated damages <by the Contractor in lieu of any claim or damage because of such delay and nvt be construed as a penalty,. n ,ANTICIPATED PROJECT SCHEDULE Mandatory Pre-bid December 4, 20i 3 Bid Opening December i 3, 2013 ` Council Award 7, 2014 January Notice to Proceed January 8, 201.4 4. Termination: 4.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in atimely and proper manner its obligations underthis Agreement, violates any of the covenants, agreements,: or stipulationsof this Agreement, falsifies any .record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this :Agreement is in 'the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving wr"rtten-notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60} days notice to CITY. /'1 WATER LINE REPLACEMENT - NE 5TH STREET page 3 of 12 Project 10237 in the event of any termination of this Agreement, all finished.. or unfinished /'t documents, data, and reports prepared byCONTRACTOR underthis Agreement shall, at the op#ion of the CITY, become its property, and CONTRACTOR shah be entitjed to receive just and .equitable compensation for any work satisfactorily complete hereunder: 4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue. of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any. payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITYfrom CONTRACTOR is determined. This provision shall survive;.the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertajning 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 Cjty 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 madeby the CITY. 52 Contractor, its agents, officers, and employees are and at all times during the term of this .Agreement shall represent and conduct themselves as independent contractors and not as employees of the City.. 5.3 Contractor shall determine the method, details and means of performjng 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 jn he performance of this Agreement any third persons are employed by Contractor, such persons hall be entirely and :exclusively under the direction and supervision. and control of the Contractor. fi. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and: all losses, claims, actions, judgments for damages, or injury to :persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection'with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers,. employees, guests, and business irtivitees,'and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and WATER LINE .REPLACEMENT - NE 5TH STREET page 4 of 12 Project 10237 ~ 1~bility insurance in which the CITY shalt be named an additional ins red in the :minimum amounts as follow. General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability insurance .One Million Dopers ($1,000,000) per incident or occurrence and.Workers' ~ompensativn Insurance, in the'statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes .liable for an amount in excess of the insurance limits, herein .provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and #or aN such losses, claims, actions, or judgments for damages or injury to .persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection. with the performanceof this Agreement by the Contractoror Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate. of Insurance, or other proof of :insurance evidencing GONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it`s.. obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the .changed limits. Evidence of all insurance shall be submitted to he G'tty Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, .:Meridian, Idaho 83642.. /~ fi.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the :option of the City, either: the insurer shall reduce 'or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. ' 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers.. Any insurance orself-insurance maintained by he Gity or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not :contribute with Contractor's :insurance. except as to the extent of City's negligence. 6.4 The Contractor's insurance shall apply 'separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5 All insurance coverages far subcontractors. shall be subject to all of the insurance and indemnity requirements stated fierein. 6.6 The limits of insurance described. herein shah not .limit the .liability of the Contractor and Contractor's agents, representatives, employees orsubcontractors. WATER LINE REPLACEMENT - NE 5TH STREET page 5 of i2 Project 10237 /, 7. Bonds: Payment and Performance Bonds 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. i3. 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 ISPWC and any modifications, which by this reference are made a part hereof. :All items found to be defective during a warranty :inspection and subsequently corrected will require an additional two {2} year warranty from the date of .City's acceptance of the corrected work. ~. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: c n City of Meridian Purchasing Manager 33 E Broadway Ave Meridian, iD 83642 208-888-4433 CONTRACTOR STAR CONSTRUCTION, LLC Attn: Anvil Irminger P D 13ox 157 Star, ID 83669 Phone: 208-286-9198 Email: starconstructionllc amaiLcom Idaho Public 1Norks License # C-14428-AAA-4 Either party may change their address for the purpose of this paragraph by giving written noticebf 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. i 1. 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 Agreementby the party so failing to perform. WATER LINE REPLACEMENT- NE 5TH STREET .page 6 of 12 Project 10237 ~ i 2. 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.: i3. 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. i 4. 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. i 4.2 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, photographicand every other means of recording upon any tangible thing, any form of .communication or representation including letters, words, pictures, sounds or symbols or any combination. thereof. 15, Audits and Inspections: At any time during normal business hours and as often as the. CITY may deem necessary, there .shall.. be made available to the CITY for examination all of CONTRACTOR'S records with respect to all .matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make. excerpts or transcripts from such records, .and to make audits of all contracts, .invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all. matters covered. by this Agreement. i 6. Pubiicatlon, Reproduct©n and Use of Material: No material produced 'in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CiTYshali have unrestricted authority to publish, disclose and otherwise use, inwhole or inpart,-any reports, data or other materials prepared under this Agreement. i 7. Compliance with Laws: In .performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. WATER LINE REPLACEMENT - NE 5TH STREET page 7 of 12 Project 1:0237 18. Changes: The CITY may, from time to time, request changes in the Scope of Work to_be performed hereunder, Such changes, including any increase or decrease in .the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and .between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. i 9. Construction and Severabitity: If any part of this Agreement is held to be invalid or unenforceable, such holding will not :affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 20. Waiver of Default: Waiver of default by either party to this Agreement shah not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be .deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 21. 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 hereof or contemporaneous herewith. 23: Order of Precedence; The order or precedence shall be the contract agreement, the Invitation for Bid.. document, then the winning bidders submitted bid document. 24. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received #rom the Contractor may be open to public inspection and copying unless exempt -from disclosure. The Contractor 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 O .page Ghat all,: or 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 for 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 .all claims for damages caused by any such' ~ .release. WATER LINE REPLACEMENT- NE 5TH STREET ~~ 8 ~ '12 Project 10237 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 or binding until approved by the City of Meridian. CITY OF MERIDIAN STAR CONST CTiON, C B BY: TAMMY d ,MAYOR ANC RMINGER, Manag Dated: ~ 1 ~ ~/ 7 Dated: ~ ` / ~ ~ / --.- ~, E~ ,j Approved by Council ~ ~ c~'C`~ Attest:_l~. CLER ~,; ~~ Purchasing Approval BY: 1 ' ~~~ KEITH WATT , Purch .sin Manager Dated:: I / ~ 1 ao ~3 WATER LINE REPLACEMENT - NE 5TH STREET Project 10237 Depa ent royal BY WARRENS ART, Engineering Manager Dated:: l2/z 3 l) 3 page 9 of 12 Attachment A SCOPE OF WORK REFER TO INVITATiO1V T4 BID PW-14-10237 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW-14-10237, are by this reference made a part hereof. WATER LINE REPLACEMENT - NE 5TH STREET page 10 of 12 Project 10237 Attachment B MfLESTONE /PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed .$77,005:00. n ~1 ~~ ~ N{IIESTONE~I)aTES/SCHEDULE ,.: - Milestone i Irrigation. Crossings . March 1, .2014 .Milestone 2 Final Completion 60 days from'NTP h ~ ~~ ~r ' - .PRICING SCHEDULE ~ G 4 t .oZ .~~ Contract includes furnishing all labor, materials, .equipment, and 'incidentals as required for the WATER .LINE REPLACEMENT - NE 5TH STREET per 1l=6 PW-14-10237 Total Bid Schedule 1 ...................$77,005.00 CONTRACT TOTAL......................... CONTRACT IS A NOT TO EXCEED AMOUNT. UNE ITEM PRICING BELQW WILL BE USED FOR INVOICE VERIFICATION AND ANY ADDITIONAL INCREASES OR DECREASES IN WQRK REQUESTED BY CITY. .. ~ . .. ~ . i ;: , ,: :>I3id~5ctiedule j Item No. Desert lion ~uanti Unit Unit Price 307.4.i.G.1. TYPE P SURFACE RESTORATION -fOR OPEN CUT CONSTRUCTION - 3" CLASS IiLAC PAVEMENT 730 SY $is.oa 401.4.1.A.1 WATER MAIN PIPE -SIZE 8" PVC (includes excavation, bedding, backfiH, etc.) 640 LF $40.00 401.4.1.A.1 RESTRAINED WATER MAIN PIPE -SIZE 8" PVC (includes excavation, beddin restraint, backfill, etc.) 100 LF $44.00 401.4.4.8.1 WATER MAIN 'FITTING -SIZE 8" -TYPE TEE 1 EA $2,200.00 401.4.4,8.1 WATER MAIN FITTING -SIZE 3" -TYPE 45 DEGREE ELBOW 2 EA $i,asa.00 401.4.4.8.1 WATER MAIN FITTING -SIZE 8" -TYPE 11.25 DEGREE ELBOW 1 EA $300.00 402.4.4.A.4 VALVE -SIZE 8" -TYPE GATE VALVE 3 EA $1,600. SP-1 RELOCATE EXISTING FITTINGS 1 LS $3,500.00 404.4.1.A:1 WATER SERVICE CONNECTION, SIZE 3/4" 2 EA $2,000.00 SP-2 WATER SERVICE CONNECTION -THREE (3) S1ZE 3/4" WATER SERVICES IN 30" CMP WITH 2" WATER. SERVICE L1NE 1 LS $2,500.00 WATER LINE REPLACEMENT:- NE 5TH STREET Project 10237 page 11 of 12 ~~ 1001.4.1.A.1 EROSION-AND SEDIMENT CONTROL 1 LS $2,9oa.00 1103.4:1.A.1 CONSTRICTION TRAFFIC CONTROL 1 LS $900.00 2010.4.1.A.1 MOBILIZATION 1 LS $1,400.00 SP-3 ~6" SLEEVE FOR NEW WATER MAIN - C900 PVC - POTABLE/NON POTABLE CASING 23 LF $130.00. SP -4 TEMPORARY ASPHALT PAVING (only if approved by the Ci of Meridian and byACHD in writing 730 SY 57.50 Travel expenses, if applicable, will be paid et no more than the City of Meridian's Travel and Expense Reimbursement. Policy. /'1 WATER LINE REPLACEMENT - NE 5TH STREET page 12of i2 Project 10237 Meridian City ~~unctl ~lse~ng AAT~: ;January 7, 2014a ITEM NUMBER: 5M PRC)JECT NUMBER: MDA 12-007 ITEM TITLE: DEVE<_OPMENT AGIR~EMENT - CENTREPOINTE Development Agreement for Approval: MDA. 12-007 Centrepointe by WH Moore Company Located West Side of N. Eagle Road and North of E. Ustick Road Request to Modify the Concept Plan and Certain Provisions Contained in the Recorded Development Agreement Approved for the Centrepointe Project MEETING NOTES ~ ~fr'~~JEO CommunHy Item/Pressntattans Prasen~r Contaet !n#oJNotea CLE~tKS OFFICE F/NAL ACTION DATE: E~MML.EO TO $E[rT TO $ENT TO NOTES INITW,8 STARE AGENCY IIPP4ICANT Mer~iw~an Cf#y Inch A~eetng DATE: January 7, 2014 ITEM NUMBER: 5N PROJECT NUMBER: AZ 12-005 ITEM TITLE: DEVELOPMENT AE3PtEEMENT - TM CROSSING Development Agreement for Approval: AZ 12-005 TM Crossing by Brighton Investments, LLC, Steven Smith and CRS10 Located Northeast Comer of i-84 and S. Ten Mile Road Request for Annexation and Zoning of 89.22 Acres of land from the RUT Zoning District to the C-G (General Retail 8~ Service Commercial) Zoning District MEETING .NOTES ~~~~~ Communiityy ltsm/Rresentatlons Presenter Contac# InfoJNotes CLERKS OFFICE FINAL ACTION _ . ~~ DATE: E"'~~ ~ ~~ TO SENT TO NOTE8 INITIAL8 BTAFF AGENCY APPLICANT Meridian City Council Meeting DATE: January 7, 2014 ITEM NUMBER: 5Q ~R©JEGT NUMBER: AZ 13-015 ITEM TITLE: FINDINGS - VICTORY SOUTH Findings of Fact, Conclusions of Law for Approval: AZ 13-014 Victory South by City of Meridian Located South of W. Victory Road, East of S. Under Road. and .West of S. Meridian Road. Request: Annexation of 310.20 Acres of Land from RUT, R 1, R4 and R6 in Ada Coun#y to the R-4 (Medium Low-Density Residential] (221.94 Acres) and R-8 (Medium-Density Residential) (88.14 Acres) Zoning Districts AAEETING NOTES ~~~~~ D Community It®mJPresentations Presenter Contact InfoJNotss CLERKS OFFICE FINAL ACTION ~~: E~MAILED TO 8TARF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Me»idia~t `Cf#y Council Heating DATE: January 7, 2014 ITEM DUMBER: 5R PROJECT NUMBER: RZ 13-013 ITEM TITLE: FINDINCsS - CA$A BELLA SUBDIVISION Findings of Fact, Conclusions of !aw for Approval: RZ 13-013 Casa Bella Subdivision by Providence Properties, !LC located 5555 N. Locust Grove Road Request: Rezone of 5.44. Acres of land from the !-O to the R-8 Zoning District MEETINt3 NOTES ._, C~~~~~~~ Communit~t Iten~iPresentations Presenter Contact.:In#o./Notes _~~~ CLERKS ONCE FINAL ACTION DATE: E-MIIN.ED TO STAFR 8EIrT TO AGENCY SENT TO APPLICANT NOTE8 INITIA~8 Mean City Council l~Seting DATE: January 7, 2014 ITEM NUMBER: 5S PROJECT NUMBER: PP 13-032 ITEM TITLE: FMI[NNGS - CASA BELLA SUB~IVISK3N Findings of Fact, Conclusions of Law for Approval: PP 13-032 Casa Bella Subdivision by Providence Properties, LLC Located 5555 N. Locust Grove Rood Request: Preliminary Plat Approval Consisting of Twenty-One (21) Residential Building Lots, One (1~ Church Lot and Four (4) Common/Other Lots on 14.69 Acres of Land in the L-O and Proposed R- 8Zoning Districts MEETING RTES Community ItenUPcs~ntations Presenter Contact InfoJNotes CLERKS QFFICE FINAL ACTT©N ~~: E~IMAAILEO TO SENT TO 8ENT TO ~.~ ~Nrf~LB 8TARF AGENCY APPLICANT Wleri~Fian Cify Councii Meeiing DI~-TE: January 7~ 2014 ITEM NUMBER: 5T PROJECT NUMBER: FP 13-044 1T'EM TITLE: FINAL. ORDER -GOLDEN VALLEY SUBDIVISION f=inal tiler for Approval: FP 13-044 Golden Valley Subdivision by Providence Properties, LLC Located at 4515 S. Locust Grove Road Request: Finaf Plat Consisting of 22 Single-family Residential Building Lots and 4 Common/Other Lots on 7.56 Acres of Land in the R-4 Zoning District. MEETING NOTES .~~ . ~ ~ D Conunun~y ItemfPr~entai~ons Presenter Contact In#oJNotes CLERKS QFFICE FINA! ACTT©N ~,~: END TO 8TAazF BENT TO AtiENCY SENT TO APPLICANT ~~~ ~~~ A~lerdian City Gounci! A~eeting ©~-TE: January 7, 2014 ITEM NUMBER: 5U PROJECT NUMBER:. FP 13-045 tTEM TITLE: FINAL ORDER - COPPERLEAF SUBDIVISION. Final Order for Approval: FP 13-045 Copperleaf Subdivision by Providence Properties, LLC Located at 4505 E. Ustick Road Request: Final Plat Consisting of 16Single-Family Residential Detached Building Lots and 4 Common/Other Lots on 2.86 Acres of Land in the R-8 Zoning. Qistrict. ~.~~~~ MEETING NOTES ~ ~°~ROVED Commur~#ty ItemtPres~ntatk~r~s Pr~ent+ar Contact Info./Notes _. ~ . CLERKS OFFICE FINAL ACTION ~,~. E~MAN.ED TO 8ENT TO SENT TO NOTE8 INrTW.8 8TAFF AfiENCY /1PPL.ICAlr'T Merirri City Council #ng t~1TE: January 7, 2014 ITEM NUMBER: 5V ~x~~ PROJECT NUAASER: FP 13-043 ITEM TITLE: FINAL ORDER - TU3TIN SUBtNViSlQN N0.2 Final Order: FP 13-043 Tustin Subdivision No. 2 by Conger Management Located North Side ,of E. McMillan Road, Approximately 1 /8 Mile West of N. Locust Grove Road Request: Final Plat Consisting of Forty-Four (44j Single-Family Residential Building Lots and Ten (10) Common Area Lots on 15.26 Acres of Land in the R-4 Zoning District MEETiNt3 NOTES Community ItemJPmsentations Presenfier COnfisct hfoJNotes CLERKS OFFICE FINAL ACTION I DATE: (E $'M/ ~~ TO~ ASENTtrCY ~P~ICMIT NO'r~s INITU1Ls lldiar~ G~ty CQUncii Mee#fng DATE: January 7, 201.4 ITEM NUMBER: 5W PfiOJECT NUMBER: VAC 13-006 ITEM TITLE: RESOLUTION NO. Resolution No. i `( " - t~ ~ :.VAC 13-Q4b Meridian Mottress Firm by Madison Meridian, LlC Located 3180- E. Lanark Street Request: Vacate the 10-Foot Wide Public Utilities, Drainage and Irrigation Easemen# (PUDI) Located Between Lots 1 and 2, Block 1 of the Olson and Bush Indusfial Park Subdivision MEETING NOTES uy AP7~OVED Community ItendPrasentat~ons Presenter Contact lnfoJNot~es ccE~KS oFpcE F~aac acrrav ©ATE: E-MAILED TO BLNT TO ANT TO NOTE$ INITIALS 8TAFF AGENCY APPLICANT ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 3 BOISE IDAHO 01/09/14 01:14 PM DEPUTY Bonnie Oberbillig III I'~I'lllll'lll~llll'IIIIIIII III II' RECORDED-REQUEST OF 11400253 Meridian City - - - - CITY OF MERIDIAN RESOLUTION NO. -' ~~ ~ BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION VACATING THE 10-FOOT WIDE PUBLIC UTILITY, DRAINAGE AND IRRIGATION (PUDI) EASEMENT PLATTED ON THE INTERIOR LOT LINE BETWEEN LOTS 1 AND 2, BLOCK 1 OF THE OLSON AND BUSH INDUSTRIAL PARK SUBDIVISION LOCATED ON THE NORTHWEST CORNER OF NORTH EAGLE ROAD AND EAST LANARK STREET IN THE SOUTHEAST '/4 OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on December 17, 2013 the City Council of Meridian, held a hearing on the vacation of the 10-foot wide public utility, drainage and irrigation (PUDI) easement platted on the interior lot line between Lots 1 and 2, Block 1 of the Olson and Bush Industrial Park Subdivision located on the northwest corner of North Eagle Road and East Lanark Street in the Southeast '/4 of Section 8, Township 3 North, Range 1 East, 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 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the 10-foot wide public utility, drainage and irrigation (PUDI) easement platted on the interior lot line between Lots 1 and 2, Block 1 of the Olson and Bush Industrial Park Subdivision located on the northwest corner of North Eagle Road and East Lanark Street in the Southeast '/4 of Section 8, 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". VACATION -MERIDIAN MATTRESS FIRM RETAIL STORE -VAC 13-006 Page 1 of 2 Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of ` , 2014. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this '~~ day of , 2014. ayor T e Weerd ~«~;rua .~ ucv'r ti~~~S J yW ATTEST: City of F~ IiIAN~- " aH0 9 `" CP Jaycee olman, City Clerk zr~p , 0.~°° nffnc TR°~5.; STATE OF IDAHO, ) ss County of Ada ) On this ~ day of v~ 2014, before me, the undersigned, a Notary Public in and for said State, person appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~...... SEAL .:'g1CA Jp~.~ '.~.'~ i~Q-~~ ., ~- N ARY PUB C FOR O RESIDING AT: ~{ti. y'iCf ~ c~/~ 1 I~ MY COMMISSION EXPIRES: ~~y _ wa Q VACATION -MERIDIAN MATTRESS FIRM RETAIL STORE -VAC 13-006 Page 2 of 2 Exhibit A - PUDI Prnposed to be Vacated -i~--- ~~- ~~~ ~I z III li E-- ~ F- O' ~ .- al ~I ~ ! ~ ~~~ ~i ~, ~ d ~ +f, • 1 I O 1 I ~O~OZ~ i ._._ . __ ._ .... .. __ ,.._., ,. E. LANARK 6TR~ET _.....` _..~--ri.:~==tea Meridian Mattress Firm Retail Store -VAC-13-006 sso.to~ ~I~ritf~an Ci#y Councjl Adeef~ng DATE: January 7, 2014 ITEM NUMBER: 5X PROJECT NUMBER: ITEM TITLE: UCEN8E AGEMENT - NMID Ucense Agreement wi#h Nampa Meridian Irrigation District for Crossing the Ridenbaugh Canal and Milk Lateral MEETING NOTES U/ ppPR6VEU Community IterNPr~entat~ons Praaenter Contact Info./Notes cc~cs aF~cE anr~. acrfoa E~MAI~ED TO 8ENT TO 8ENT TO DATE: 8TAFF AtiENCY APPtJCANT NOTE8 INRW.S Meritilan City Council Meeting QATE: January 7, 2014 fTEM NUMBER: 5Y PROJECT NUMBER: ITEM TITLE: REAL ESTATE RURCHASE AND SALE AGREEMENT Agreement for purchase and sale of commercial. real estate between City of Meridian and Ten Mile Investments LLC for approximately 8.39 acres of bare land located in the McNelis Subdivision MEETING NOTES ~/ pPPR01E0 Communlly IttPresentations Presenter Contact MfoJNotes CLERKS OFFICE FINAL ACTION E-MAILED TQ 8ENT TO BENT TO ~~' STAFF A©ENCY AtaPLICAt~1T ~~ I ~~ Purchase and Sale Agreement COLLIERS PARAGON, LLC Date December 15, 2013 1. THIS AGREEMENT FOR THE PURCHASE AND SALE OF COMMERCIAL REAL ESTATE (this "Agreement") is entered into as of the day defined in section 29 of this Agreement by and between the Cite of Meridian, an Idaho municipal corporation, hereinafter called ("Buyer"), who agrees to purchase, and Ten Mile Investments, LLC, hereinafter called ("Seller"), who agrees to sell, the following described real estate, hereinafter referred to as ("Premises"). 2. PREMISES ADDRESS AND LEGAL DESCRIPTION. The Premises is legally described on Ezhibit A, attached hereto and incorporated herein. 3. REPRESENTATION CONFIRMATION. Colliers Paragon, LLC is representing the Buyer and .Idaho Commercial Brokerage, LLC/Colliers Paragon, LLC is representing the Seller in this transaction. ~ Check one (1) bos in Section 1 below and one or more (1) boas in Section 2 below to confirm that in this transaction, the brokerage(s) involved had the following relationship(s) with the BUYER(S) and SELLER(S). Section 1: i A. ^ The broker working with the BUYER(S~ is acting as an AGENT for the BUYER(S). B. ^ The broker working with the BUYER(S) is acting as a LIMITED DUAL AGENT for the BUYER{S). C. ~ The brokerage working with the BUYER(S) is acting as a LIMITED DUAL AGENT for the BUYER(S), and has an ASSIGNED AGENT acting solely on behalf of the BUYER(S). D. ^ The broker working with the BLTYER(S~ is acting as a NONAGENT for the BUYER(S). Section 2: A. ©Idaho Commercial Brokerage LLC is acting as an AGENT for the SELLER(S~. B. ^ The broker working with the SELLER(S) is acting as a LIMITED DUAL AGENT for the SELLER(S). /"1 C. ®Colliers Paragon LLC is acting as a LIMITED DUAL AGENT for the SELLER(S), and has an ASSIGNED AGENT acting solely on behalf of the SELLER(S) r Page 1 of ii ~ D. ^ The broker working with the SELLER(S) is acting as a NONAGENT for the SELLER(S). Each parry signing this document confirms that he or she has received read and understood the Agency Disclosure Brochure and has elected the relationship confirmed above. In addition, each parry confirms that the broker's agency office policy was made available for inspection and review. EACH PARTY UNDERSTANDS THAT HE/SHE IS A "CUSTOMER" AND IS NOT REPRESENTED BY A BROKER UNLESS THERE IS A SIGNED WRITTEN AGREEMENT FOR AGENCY REPRESENTATION. 4. RESPONSIBLE BROKER. The Responsible Broker in this transaction is George Iliff, Designated Broker for Colliers Paragon LLC. 5. EARNEST MONEY. (i) Within five (5) business days of the execution of this Agreement, Buyer shall deposit Ten Thousand Dollars and NO/100 ($10,000.00) in the form of cash (the "Earnest Money Deposit") as earnest money with TitleOne Corporation, c/o Scott Darling located at 1101 W. River Street, Suite 201, Boise, ID 83702 (the "Title Company" and/or "Escrow Agent" as /'1 applicable). Subject only to the conditions precedent. set forth in Section 8 of this Agreement, and absent Seller's breach or inability to perform, the Earnest Money Deposit is non-refundable but such Earnest Money Deposit and the accumulated interest thereon shall be applied against the Purchase Price at closing and refunded to Buyer only in the event this Agreement is terminated as a result of the Seller's breach hereunder. In the event this Agreement is terminated after conditions precedent set forth in Section 8 of this Agreement have been waived or satisfied, or the sale fails to close, by reason of a breach by Buyer, the Earnest Money Deposit shall be paid to Seller. (ii) Earnest Money Deposit shall be deposited with the Escrow Agent upon acceptance by Seller and Buyer of this Agreement and shall be held in trust in accordance with the terms and conditions of this Agreement. PRICE/TERMS. The total "Purchase Price" is One Million Fifty Thousand and No/100ths ($1,050,000.00), payable as follows: (i) $10,000.00 Earnest Money Deposit; and (ii) $1,040,000.00 Balance of the Purchase Price to be paid in cash at closing 7. INCLUDED ITEMS. All easement rights, mineral rights, other appurtenances, water and water rights appurtenant to or used on the Premises including, but not limited to, any right Seller may have to receive natural flow and/or stored water delivered through any ditch, canal or water company's ~1 facilities, or under entitlements held by a third party for use on the Premises, and all shares, certificates, and other documents evidencing such water rights. Page2of11 /'1 8. ADDITIONAL TERMS, CONDITIONS, AND CONTINGENCIES. Unless the parties otherwise agree in a written addendum to this Agreement, the date upon which all conditions and contingencies must either be satisfied or waived shall be one hundred twenty (120) days from the Effective Date (the ~~Satisfaction Date', with the exception that such date may be extended pursuant to the procedure set forth in Exhibit B of this Agreement under the title "Hazardous Substances." 8.1 BUYER CONDITIONS: The closing of this transaction is contingent upon satisfaction or waiver by Buyer of the following conditions: 1. Inspection: Upon mutual execution of this Purchase Agreement Buyer shall be given full opportunity to inspect and investigate and to accept to Buyer's satisfaction, each and every aspect of the Premises independently or through agent(s) of Buyer including, but without limitation with regard to: i. All matters relating to survey, environmental audit, and title, together with all governmental and other legal requirements such as taxes, assessments, zoning, environmental studies, use permit requirements and codes. ii. Buyer shall further be granted access to inspect the physical condition of the' Premises and all matters relating to the internal and external maintenance of any improvements of the structures and/or grounds related to the Premises. 2. Financing: Not applicable. If any of the foregoing conditions remain unsatisfied and unwaived by Buyer on the Satisfaction Date, this Agreement shall terminate, provided Buyer has given written notice of such unsatisfied and unwaived conditions with a reasonable opportunity to cure to Seller by the Satisfaction Date, and the Earnest Money shall be returned to Buyer. 8.2 SELLER CONDITIONS: The closing of this transaction is contingent upon satisfaction or waiver by Seller of the following conditions: 1. Parcel Boundary Adjustment: Buyer has completed a property boundary adjustment of the Premises and the remainder of Lot 4 in Block 2 of McNelis Subdivision, according to the official plat thereof file in the real property records of Ada County, such that Seller may lawfully convey the Premises to Buyer. If any of the foregoing conditions remain unsatisfied on the Satisfaction Date, this Agreement shall terminate. 9. TITLE COMPANY/ESCROW AGENT. The parties agree that the Title Company/Escrow Agent as defined in Section 5 shall provide any required title policy and preliminary report or commitment. Each parry agrees to pay one-half of the Escrow Agent's fees. ~~ 10. TITLE INSURANCE. Seller shall provide and pay for an Owner's Standard Coverage Title Policy insuring the Buyer for the amount of the purchase price. Extended coverage required _ Yes X No. Additional premiums for extended coverage and any survey required by the Title Company shall Page 3 of 11 be paid by Buyer. Seller shall cause the Title Company to provide Buyer with a preliminary title report or commitment together with copies of all underlying documents giving rise to any exceptions listed therein on or within flue (5) days of the Effective Date. Buyer shall have until the Satisfaction Date to object, by written notice to Seller, to the condition of title as set forth in the report. In the event the Buyer makes written objection to any exception to title, Seller shall have a reasonable time, not to exceed seven business days, to remove any such objection to exception or provide affirmative title insurance coverage, and in the event the Seller cannot remove, or is unwilling to remove, such objected to exceptions or provide affirmative title insurance coverage, the Buyer may elect, as its sole remedy, to (a) either terminate this Agreement or (b) proceed to closing, taking tide subject to such exceptions. If the Buyer does not object within the time frame set out above, the Buyer shall be deemed to have accepted the condition of the title. In the event Buyer elects to terminate this Agreement as provided herein, the Buyer shall be entitled to the return of all refundable deposits made by Buyer. The final title insurance policy shall be delivered to the Buyer by the Title Company as soon as possible after closing. 11. CLOSING DATE. On or before Closing ("Closing" shall be deemed to be the date on which the deed is recorded and the sales proceeds are available for disbursement to Seller), Buyer and Seller shall deposit with the Escrow Agent all funds and instruments necessary to complete the sale. Closing shall occur no later than Five (5) days from the expiration of the Satisfaction Date. 12. DOCUMENTS TO BE DELIVERED AT CLOSING. On the date of Closing, Seller shall have executed, or caused to be executed, and delivered to the Closing Agent the following documents in a ~~ -form reasonably acceptable to Buyer and Seller: (a) General warranty deed; and (b) Any other. instruments or documents reasonably requested by Buyer, Seller, or Escrow Holder. 13. POSSESSION/PROBATION. Buyer shall be entitled to possession on the day of Closing. Taxes and water assessments (using the last available assessment as a basis), rents, insurance premiums, interest and reserves on obligations assumed and utilities shall be prorated as of Closing. Any tenant deposits held by Seller shall be credited to Buyer at Closing. 14. ACCEPTANCE. Buyer's offer is made subject to the acceptance of Seller on or before 5:00 PM MST on December 20, 2013. 15. DEFAULT. If Seller executes this Agreement and title to the Premises is marketable and insurable in the conditions approved under Section 10 hereof and all Buyer's contingencies have been removed or waived, and Buyer or refuses to comply with the terms of or any condition of sale by the date on which such term or condition is to be complied with, then the Earnest Money Deposit shall be forfeited to Seller and Buyer's interest in the Premises shall be immediately terminated. The parties declare it to be their intent that the payment of the earnest money deposited by Buyer shall be Seller's sole and exclusive remedy as liquidated damages. SELLER AND BUYER AGREE THAT IT WOULD BE IMPRACTICAL OR EXTREMELY DIFFICULT TO FIX THE ACTUAL DAMAGES TO SELLER /'1 IN THE EVENT OF BUYER'S DEFAULT UNDER THIS AGREEMENT. THE PARTIES HEREBY AGREE THAT A REASONABLE ESTIMATE OF SUCH DAMAGES IS AN AMOUNT EQUAL TO THE EARNEST MONEY DEPOSITED BY BUYER WITH ESCROW HOLDER Page 4 of 11 ~ ~ HEREUNDER, AND IN THE EVENT OF BUYER'S DEFAULT UNDER THIS AGREEMENT, SELLER SHALL BE ENTITLED TO RECEIVE AND RETAIN AS FULLY AGREED LIQUIDATED DAMAGES THE ENTIRE EARNEST MONEY DEPOSIT HELD BY ESCROW HOLDER HEREUNDER, ALL OTHER REMEDIES HEREIN BEING EXPRESSLY WAIVED BY SELLER. In the event of a default by Seller, Buyer may, at its option, (i) terminate this Agreement upon written notice to Seller and direct Escrow Holder to refund to Buyer all earnest money deposited by Buyer hereunder, or (ii) pursue the remedy of specific performance. In the event of default by either of the parties in their performance of the terms or conditions of this Agreement, the defaulting party agrees to pay all attorney fees and costs incurred by the non-defaulting parry and in the event of suit the prevailing parry shall be entitled to its reasonable attorney fees and costs. In the event of a dispute between the parties as to the Earnest Money Deposit deposited hereunder by Buyer, the Escrow Agent holding the Earnest Money Deposit may file an interpleader action in a court of competent jurisdiction to resolve any dispute between the parties. The Buyer and Seller authorize the Escrow Agent holding the Earnest Money Deposit to utilize as much of the Earnest Money Deposit as may be necessary to advance the costs and fees required for filing of any such action. The cost of such action shall be paid by the Party which. is not the prevailing ~ P~Y~ 16. TITLE CONVEYANCE. Title to the Premises is to be conveyed by special warranty deed and is to be marketable and insurable except for rights reserved in federal patents, building or use restriction, building and zoning regulations and ordinances of any governmental unit, rights of way and easements established or of record, and any other liens, encumbrances or defects of record or approved by Buyer. In the event any personal property is included as part of the contemplated sale, it shall be conveyed by bill of sale and shall be free and clear of all liens, claims and encumbrances. 17. RISK OF LOSS. Should the Premises be materially damaged by fire or other cause prior to closing and such damage is ten percent (10%) of the Purchase Price or less, then Seller shall pay or assign the proceeds of the insurance to Buyer (and pay to Buyer the amount of any deductible in cash) at Closing and Seller and Buyer shall proceed with Closing without adjustment to the Purchase Price. If such damage exceeds ten percent (10%) of the Purchase Price, then this Agreement shall be voidable at the option of the Buyer by written notice to Seller within ten (10) days of the date Buyer receives notice of such damage, however, Buyer may elect to proceed with Closing without adjustment to the Purchase Price (either by written notice of such election or by failure to timely send written notice of the voiding of this Agreement as provided above) and Seller shall pay or assign the proceeds of the insurance to Buyer (and pay to Buyer the amount of any deductible in cash) at Closing. 18. CONDEMNATION. Should any entity having the-power of condemnation decide prior to Closing to acquire any portion of, or interest in, the Premises with a value of ten percent (10%) or less of the Purchase Price, Seller shall pay or assign the proceeds of the taking to Buyer at Closing and Seller and ~•, Buyer shall proceed with Closing without adjustment to the Purchase Price. If such taking exceeds ten percent (10%) of the Purchase Price, Buyer at Buyer's sole option may either (a) elect to terminate Buyer's obligation to purchase the Premises by giving written notice to Seller at any time prior to Page5of11 . j ~~ Closing and Seller shall promptly return the Earnest Money Deposit or (b) elect to complete the purchase of Premises and require Seller, at Closing, to immediately appoint Buyer as its attorney-in-fact to negotiate with said condemning entity, and, in such event, Buyer shall receive all sums awarded in such condemnation proceeding of the Premises; excluding any amounts attributable to adverse impacts on other property owned by Seller. Seller hereby agrees to immediately give notice to Buyer of any condemnation or contemplated condemnation of the Premises and Buyer hereby agrees to, within ten days of such notice, give written notice to Seller of Buyer's election with respect thereto. 19. CONDITION OF PREMISES AT CLOSING. Buyer agrees to purchase the Premises in its (existing) condition, as-is /where is, with all faults. Buyer will assume those obligations with respect to the Premises as are expressly stated in Section 8. Buyer does not agree to assume any other obligations with respect to the Premises except fdr those obligations stated in Section 8. Seller shall maintain the Premises until the closing in its present condition, ordinary wear and tear excepted, subject to the provisions of Sections 17 and 18 on casualty and condemnation. 20. INSPECTION. Buyer hereby acknowledges further that Buyer is not relying upon any statement or representations by the Broker or Broker's representatives or by the Seller which are not herein expressed. 'The Buyer has entered into this Agreement relying upon information and knowledge obtained or to be obtained from Buyer's own investigation or personal inspection of the Premises. 21. ADDITIONAL PROVISIONS. Additional provisions of this Agreement are attached hereto in ~-~ Exhibit B under the heading "Hazardous Substances". 22. COMMISSION. Commissions shall be paid pursuant to a separate agreement between Seller and Idaho Commercial Brokerage, LLC /Colliers Paragon, LLC. 23. CONSENT TO LIMITED DUAL REPRESENTATION: The undersigned have received, real and understand the Agency Disclosure Brochure.. The undersigned understand that the brokerage involved in this transaction will be or may be providing agency representation to both Buyer(s) and the Seller(s). The undersigned each understand that as agents for both Buyer and Seller, the brokerage(s) will be limited dual agents and negotiations, terms or factors motivating the Buyer to buy or the Seller to sell without specific written permission of the disclosing party. The specific duties, obligations and limitations of a limited dual agent are contained in the Agency Disclosure Brochure as required by Section 542063, Idaho Code. The undersigned each understand that a limited dual agent does not have a duty of undivided loyalty to either client. 24. ESCROW INSTRUCTIONS. The Escrow Agent is instructed to, in a manner consistent with the terms hereof: receive and hold deposits and other funds; disburse such funds in accordance with separate authorization signed by Buyer and Seller; prepare closing statements for execution by Buyer and Seller; receive documents, secure their execution and acknowledgement, record them in the proper sequence, deliver originals to the appropriate parties, and deliver copies of all documents signed by either parry to that party. If a dispute arises regarding any funds held by the closing agent, such agent shall have no obligation to resolve such dispute but shall hold the same pending resolution of such dispute, and may at its option bring an action in interpleader. 25. LEGAL REPRESENTATION. The parties expressly acknowledge they have been represented by counsel of their own choice in connection with this Agreement and have discussed the terms of this Page6of11 / ~~ Agreement with .such counsel to the extent each parry believes it to have been necessary to fully understand the terms hereof. In entering into this Agreement, the parties represent and declare that each of them fully understands the terms and effect of this Agreement. 26. ENTIRE AGREEMENT. This Agreement, including any addenda or exhibits, constitutes the entire Agreement between the parties and no representation or warranties, or implied, have been made or shall be binding upon either party unless herein set forth. 27. SURVNAL. All of the representations and warranties set forth in this Agreement shall constitute continuing representations and warranties, shall be deemed to be true and correct as of the date of closing of Buyer's purchase of the Premises from Seller, and shall (along with all indemnification, defense and hold harmless obligations related thereto) survive the closing of Buyer's purchase of the Premises from Seller. 28. CONFIDENTIALITY. The parties agree that the terms and conditions of this Agreement and information regarding the Premises (hereinafter referred to as "Confidential Infortnation'~ shall be held in confidence except as mutually agreed by the parties in writing. Notwithstanding the foregoing, Buyer may publicly disclose the fact that Buyer is under Agreement to purchase the Premises and Buyer may disclose Confidential Information to its employees, advisors, or consultants as necessary to complete the transaction contemplated by this Agreement. Until closing, Buyer shall make reasonable efforts to hold the Confidential Information to be exempt from public disclosure pursuant to applicable laws, unless required to do so by a court of competent jurisdiction. After closing, all records relating to this ~~ transaction held by Buyer may be subject to public disclosure upon request by the public. Except as provided above, neither party shall use for its own benefit or for the benefit of others, or divulge to others, any inforn~ation, knowledge, or data of a confidential or proprietary nature or otherwise not readily available to members of the general public which concerns the business or affairs of the other party and which was acquired during the term of this Agreement. 29. BINDING AGREEMENT; COUNCIL APPROVAL REQUIRED. This Agreement shall not be binding or enforceable until both parties have executed an original (or a counterpart original) of .this Agreement and have delivered to each other an original (or a counterpart original) of this Agreement fully executed by the delivering party.. Seller acknowledges that this Agreement will be executed by the Seller before Buyer executes the Agreement and that the execution of the Agreement by the Buyer is contingent upon the approval of the terms and conditions of this Agreement by the Meridian City Council and the Council's authorization for the Meridian City Mayor to execute this Agreement on behalf of Buyer; the date upon which the Meridian City Mayor executes and delivers this Agreement to Seller after the Meridian City Council provides such authorization on the record at a regularly scheduled meeting of the Meridian City Council shall be considered the "Effective Date" of this Agreement. 30. TIME IS OF THE ESSENCE IN THIS AGREEMENT [ end of teact; signature page follows ] Page 7 of 11 f~ THIS IS A LEGALLY BINDING AGREEMENT. PRIOR TO SIGNING THIS AGREEMENT, BUYER AND SELLER ARE ADVISED TO SEEK THE ADVICE OF COMPETENT LEGAL COUNSEL. WRITTEN INFORMATION PROVIDED. BY BROKER IS BELIEVED TO BE RELIABLE BUT INDEPENDENT VERIFICATION BY BUYER SHOULD BE UNDERTAKEN. Buyer City of Meridian Seller. Ten Mile Investments, LLC By: Tammy er 2~° E J. McNelis Gty of Its: Mayor E IDIA o Manager `" ~I., ATTEST aA~ Jaycee Holman, ~ ° "A`• f rar rae+;- ----~ Address: 33 East Broadway Avenue Address: ~ ~ ~ ~(.~~~-'~`~- Meridian Idaho, 83642 "N •t~+-r.~n--~" ~sL~ ~l~tf,~~ ~ Telephone ~o$ • 88F~ - 4 y3 ~ Telephone: Fax: ~o$ - &8C - A ~~ 8 Fax: Date: y~ n ~a~,l 7 . col ~ Date: ~\ Page 8 of I1 ~~ EXHIBIT A LEGAL DESCRIPTION OF PREMISES ~~ /"'\ All of Lot 3 in Block 2 of McNelis Subdivision, according to the official plat thereof recorded in the real property records of Ada County, Idaho in Book 100 of Plats on Pages 13082 through 13084 AND the following described portion of Lot 4 in Block 2 of McNelis Subdivision, according to the official plat thereof recorded in the real property records of Ada County, Idaho in Book 100 of Plats on Pages 13082 through 13084: The portion of Lot 4 in Block 2 that Buyer is buying and Seller is selling is 4.75 acres and is shown below as PARCEL L Page9of11 ~~ EXHIBIT B HAZARDOUS SUBSTANCES Definitions. 7"he terms "hazardous. substance," "release," and "removal" shall have the definition and meaning as set forth in Title 42 U.S. C. ' 9601 (or the cornsponding provision ofany future law); provided, however that the term "hazardous substance" shall include "Hazardous waste" as defined in Title 42 U.S.C. ' 6903 (or the corresponding provision of any future law) and `petroleum" as defined in Tide 42 U.S.C. ' 6991 (or the cornspondingprovlsion ofanyfuture law). The term "superfund"shall mean the Comprehensive Environmental Response, Compensation and Liability Act, Title 42 U.S.C. ' ' 9601, et seq. (or the correspondtngprovision ofanyfuture law) and any similar statute, ordinance, rule or regulation of any state or local legislature, agency or body. The term "underground storage tank" shall have the definition and meaning as set forth m Title 42 U.S.C. ' 6991 (or the correspondingprovision ofanyfuturelaw). Representations and Warranties The Seller represents and warrants to, and covenants with, the Buyer that: a) To the best of Seller's knowledge the Real Property is not contaminated with any hazardous substance; and b) To the best of Seller's knowledge the Seller has not caused and will not cause the release of any hazardous substances on the Real Property; and c) To the best of Seller's knowledge the Seller has conducted a diligent investigation and inquiry and. there has never occurred a release of hazardous substances on the Real Property; and d) To the best of Seller's knowledge the Real Property is not subject to any pending, threatened, or likely federal, state, or local "superfund" lien, proceedings, claim, liability, or action for the cleanup, removal, or remediation of any hazardous substance from the Real Property; and e) To the best of Seller's knowledge no other real property owned or controlled by the Seller or in which the Seller has any legal, equitable, or other interest is subject to any pending, threatened, or likely federal, state, or local "superfund" lien, proceedings, claim, liability, or action for the cleanup, removal, or remediation of any hazardous substance from such property; and f) To the best of Seller's knowledge there is no asbestos on the Real Property; and g) To the best of Seller's knowledge there is no underground storage tank on the Real Property; and h) To the best of Seller's knowledge by acquiring the Real Property, the Buyer will not incur or be subject to any "superfund" liability for the cleanup, removal, or remediation of any ~~ hazardous substance from the Real Property; and Page 10 of 11 ~ t *. EXHIBIT B CONTINUED i) To the best of Seller's knowledge by acquiring the Real Property, the Buyer will not incur or be subject to any liability, cost, or expense for the removal of any asbestos or underground storage tank from the Real Property. j) To the best of .Seller's knowledge the Real Property and the uses conducted on the Real Properly are in compliance with all applicable environmental laws, codes, and regulations, including, without limitation, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended. Phase I Environmental Audit. 7"he obligations of the Buyer under this Agreement are, at Buyer's option, subject to the Buyer obtaining, at the Buyer's sole cost, a "Phase I" envntotunental audit and liability assessment indicating that the representations and warranties set forth herein are true and correct. The Phase I audit shall include, wethouthmetateon, the following elements: (a) Recorded chain of title documents (going back 50 years) regarding the property, including all deeds, easements, leases, restrictions and covenants; and (b) A review of historical and aerial photographs to uncover prior problems or uses that may now be concealed; and /~ (c) A review of federal, state, and local records which report incidents or activities which are likely to cause or contribute to a release or threatened release of hazardous substances, including landfill and other disposal records, underground storage tank records, hazardous waste handler and generator records, and spill reporting records; and (d) Interviews with past and present owners, employees, and neighbors; and (e) A visual site inspection of the Real Property and all facilities and improvements on the Real Property and a visual inspection of immediately adjacent properties from the Real Property to check for the presence of hazardous substances, underground storage tanks, PCBs' and asbestos, including an investigation of any chemical use, storage, treatment and disposal practices on the Real Property and adjacent property. Phase II Environmental Audit. If the Phase I environmental audit does not indicate that the representations and warrantees set forth herein are true and correct, then the Buyer shall have the tight to either (e) terminate the Buyer's obhgations to close the transactions contemplated by this Agreement, or (ee) require that additional audits ("Phase II') be conducted on the Real Property at the sole cost of the Buyer. If the Phase II environmental audit does not indicate that the representations and warranties set forth herein are true and correct, then the Buyer shall have the right to either (e) terminate the Buyer's obligations to close the transactions contemplated by this Agreement, or (ee) proceed. to close the transactions contemplated by this Agreement. Cooperation urith Environmental Audit. The Seller shall cooperate fully with the environmental ~ audits referred to m this Agreement. Page 11 of 11 Meirdian Clay Council Meeting DATE: ~lanuary 7, 2014 ITEM. NUMBER: 6B PROJECT NUMBER: Z4A 13-003 ITEM TITLE: U[~C TEXT A~NDMENT ZOA 13-003 UDC Text Amendment by Gity of Meridian Planning Division .Request: Text Amendment. to the Unified Development Code (UDC) in Regard to Fencing Adjacent to Pathways and Open Space; Common Driveways; Irrigation Easements; Off-Street Parking; Home Occupations; Definitions for Vehicles; Vehicle Sales or Rental landscaping; Public Hearing Notice Signs; and Allowed Uses in the Industrial Districts MEETING NOTES u~ A~PROtlEU Community ttamlPresenta#ons Pt+~en~r Contact InfoJNot~ CLERKS O~F/CE F/NAL ACT/ON ~~: E~AILEO TO 8TAFF 8ENT t0 I-t3ENCY 8ENT TO APPL.lC/1N'r ~,10~8 INITW,S . - A~leridn City Cour-~il Meeting .DATE: ,lanualy 7, 2014 ITEM NUMBER: 5P PROJECT NUMBER: AZ 13-016 ITEM TITlE: FINDINGS • SOUTHERN HIGHLANDS Findings of Fact, Conclusions of Law for Approval: AZ 13-016 Southern Highlands Subdivision by BHH Investments 1, LLC Located South Side of E. Amity Road West of S. Eagle Road and North of E. Taconic Drive Request: Annexation and Zoning of 126.27 Acres of Land with an R-4 Zoning District MEETING RTES uy ~~'rFOVED Community It~lPresenta~ons Presenter Contact InfoJNotes CLERKS OFFICE FINAL ACTION DATE: E~MAIIED T4 SENT TO SENT TO NOTES INiTIAI.$ STAFF ADENCY APPI*ICANT Meridian City Council meeting DATE: January 7, .2014. ITEM NUII~BER: 5Q PROJECT NUMBER: PP 13-033 ITEM TITLE: FINDINGS - SOUTHERN HIGHlAND3 Findings of Fact, Conclusions of law for Approval: PP 13-033 Southern Highlands Subdivision by BHH Investments 1, LLC located South Side of E. Amity Road West of S. Eagle .Road and North of E. Taconic Drive Request: Preliminary Plat Approval Consisting of 162 Residential Building .tots, Twelve (12) Common Lots, One i 1) City Park Lot and One (1) Lot for Future Resubdivision on 123.45 Acres of Land in an R-4 Zoning District MEETING NOTE8 u7 GFPBOYED Community It®m/Pr~entatlons Presenter Contact InfoJNotes CLERKS OFFICE HNAL ACTION ~,~. E-MAILED TO 8~SNT TO SENT TO Np.~g ~NITU-~8 8TAFF AtiENCY APPLICANT Merfdfari City Councff ~leetfng DATE: January 7, 2014 ITEM NUMBER: 7/~- PROJECT NUM~3ER: ITEM TITLE: EXIT OF FQR CITY COUNCIL MEM~R -BRAD HOAGLUN Exi# of Former City Council. Member Brad H©aglun ~_.._ MEETING NOTES --~-- Cc~nmuni#y Ifi~NPresent~3+ons Presen#er COn#ac# InfOJNo#es CLERKS OFFICE FINAL ACTION ~~ E-MAILED TO BENT TO BENT TO ~•~ iN',`,~ 8TAFF A~iENCY APPLICANT ~er~d~ Choy Council Meeting DATE: January 7, 2014 ITEM NUMBER: 7B PROJECT NUMBER: ITEM TITLE: S1NEA[R IN CITY COUNCIL MEMBER .SEAT 2 -JOE GORTON Swear in City Council Member for Seat Number2: Joe Gorton MEETING NOTES Gomroun~ty ItenNProsentat~ns Presenter Contact InfoJNotes .~~. CLERKS OFFICE FINAL ACTION DATE: E~MA~E~ so sENT To sENT To NOT@s ~NITUU.s STAFF A~iENCY .APPLICANT OFFICIAL OATH OF OFFICE I, Joe Borton do solemnly swear that I will support the Constitution of the United States, and the Constitution of the State of Idaho, and the Laws and Ordinances of the City of Meridian, Idaho and that I will to the best of my ability, faithfully perform the duties of the office of City Council of Meridian, Idaho, during my continuance therein, so help me God. Subscribed and sworn to before me This 7t" day of January, 2014. Tamm a eerd Mayor ity of Meridian ,.~q AU~r~~, a~~' Filed I -~ ~ `-~ _ ,~;~ e~~N~- +_ ~~~~o s~~- y /////~ o~ A ~ ~ ~~R 0~16e THE ~~SG~~ ., J~cee~U. Holman City Clerk -City of Meridian Meridian City CounCli etfng _DATE: January 7, 2014 ITEM. NUMBER: 7C PROJECT NUMBER: ITEM TITLE: SWEAR IN CITY COUNCIL MEMBER SEAT 4 -KEITH BIRD Swear in City Council Member for Seat Number 4: Keith Bird MEETING NOTES ~ II 1~~~~- Comertuni#y ItenUFr~esentatlons Presenter Contact InfoJNotes _I CLERKS OFFfCE FINAL ACTION DATE: ~-MANED TO 8ENT TO 8ENT TO NOTES INITIAL8 STAFF AtiENCY APP! (CANT OFFICIAL OATH OF OFFICE I, Keith Bird do solemnly swear that I will support the Constitution of the United States, and the Constitution of the State of Idaho, and the Laws and Ordinances of the City of Meridian, Idaho and that I will to the best of my ability, faithfully perform the duties of the office of City Council of Meridian, Idaho, during my continuance therein, so help me God. Subscribed and sworn to before me This 7th day of January, 2014. Tammy~~eerd Mayor ity of Meridian Filed I - 1 Jaycee Holman City Clerk -City of Meridian ti .eJ.J ti~~~ t9~ City u4 E I;~IAN~ IDAHO C ~ ~~L `~ v ~r ~P ~~ Rol+Ae TAE?' ~ A~eridian Giiy Council Meeting DATE: January 7,,2014 ITEM NUMBER: 7p PROJECT NUMBER: ITEM TITLE: 31~-tEAR M1 CITY COUNCIL. MEMBER SEAT 5 -GENESIS MILAM Swear in City Council Member #or Seat Number 5: Genesis Miiam ri ~ MEETING NOTES I Co~nrnunl~y ItrlPr+~ettta~ons Pres®n1~er Contact hfoJNotes I I I~~I cKS o~r~cE r~n~,4c acnoN ~.~: E-MAE.ED TO 8EMr TO SENT TO pp.~8 ~Nrf~t.8 STAFF AGENCY APPWCANT OFFICIAL OATH OF OFFICE I, Genesis Milam do solemnly swear that I will support the Constitution of the United States, and the Constitution of the State of Idaho, and the Laws and Ordinances of the City of Meridian, Idaho and that I will to the best of my ability, faithfully perform the duties of the office of City Council of Meridian, Idaho, during my continuance therein, so help me God. Subscribed and sworn to before me This 7th day of January, 2014. Tammy a eerd Mayor - ity of Meridian Filed ~ -~ - I .,r,~, ~ ,~~; 1Sr ,~`"s' I v ~~ Citq of C i~~E I~TAN~ IORHO 1 ~~ v 1~ Jaycee L. Holman aT~R~, ~~" ,~ ~~;c THE 156 City Clerk -City of Meridian ~eridisn City Council A/eefing DATE: January 7, 2014 ITEM NUMBER: 7E PROJECT NUMBER: ITEM TITLE: SWEAR IN CITY COUNCIL MEMBER SEAT 6 -LUKE CAVENER Swear in City Council Member for Seat Number 6: Luke Cavener MEETING NOTES Community Item/Rresentations Pr~ent~er Contact tnfoJNotes CLERKS OFFICE FINAL ACTION ~~: EaNAIL.ED TO SENT TO BENT TO NOTES INrnAL$ 8TAFF AQrENCY APPLICANT OFFICIAL DATH OF OFFICE I, Luke Cavener do solemnly swear that I will support the Constitution of the United States, and the Constitution of the State of Idaho, and the Laws and Ordinances of the City of Meridian, Idaho and that I will to the best of my ability, faithfully perform the duties of the office of City Council of Meridian, Idaho, during my continuance therein, so help me God. Subscribed and sworn to before me This 7th day of January, 2014. Tammy d eerd Mayor -.City of Meridian Filed - .~ ~ ~,~~=~~n~u~,~s~ ~> > 9~ ~' tc ~f AATT ~/ ~~~,i?1~~111V~ q(~~~~++ gTIDAHO W aC' .3 L..~:L ~, `1 P J 9 0 ~~ ~1+e TBL 4~~~ Jayce .Holman City Clerk -City of Meridian A~eria~an Qly Council ll~ee#ing DATE: January 7, 2014. ITEM NUMBER: $A PRQJECT NUMBER: FP 13-446 ITEM TITLE: SPUFtWfNG A SUB[)iVISION FP 13-04b Spurwing Rim Subdivision by The Club at Spurwing, LLC Located North of Chinden Boulevard and East of N. Jaykers Way Request: Final Plat Consisting of Seventeen (17) Single Family Lots and Five (5) Common Lo#s on Approximately 12.24 Acres in an R-8 Zoning District MEETING NOTES ~/i Q?PROVED Community ~tem/Rr~entat~ons Presenter Contact #nfoJNotes ` CLERKS OFF~E FIAfAL ACTION @-MAIULED TO 8ENT TO ANT TO DATE: 8TAFF A~3ENCY APPLICANT NOTE8 INITIALS Mer~idir~ Cry. Council Meeting DATE: January 7, 2014 ITEM NUMBER: $B PROJECT NUMBER: PP 13-034 ITEM TITLE: GRAME~Y HEIGHTS Public Hearing: PP 13-034 Gramercy Heights by Gramercy, LLC Located South of E. Overiand Road and West of S. Bonito Way Between E. Blue Horizon Drive Request: PreNminary Plat Approval Consisting of Thirty-Seven (37) Residential Lots and One (1) Common Lot on Approximately 5.59 Acres in an R-15 Zoning District MEETMIG NOTES c~--~ ,~~`~~y Community 1#i~iPr~entations Pn~enter Contact InfoJNotes CLERICS QFFrCE FINAL ACTIDN E~MAN.ED TO 8ENT TO SENT TO ~~: 8TAFF AGENCY APPLICANT ~~ INITIALS Meri+d~ian Ctjr Council ~eet~ng -DATE: January 7, 2014 ITEM! NUMBER: 8C PROJECT NUMBER: MDA 13-020 ITEM TITLE: GRRCY I~lGHTS Public Hearing: MDA 13-020 Gramercy Heights by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way, Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Amend the Recorded Development Agreement (Inst. # 106141056 for the Purpose of Attaching the New Horne Elevations Proposed with the Gramercy .Heights Subdivision MEETING NOTES ~~ ~/~/~~ Community IfierNPresentations Prl~enter Contact InfoJNotes ,~~~, ~~ CLERKS OFFICE FINAL ACTION ~-MAILED TO SENT TO 8ENT TO DATE: STAFF AGENCY APPLICANT NOTE8 INITW,.8 Mer/t~irt C'i~y Council Meeting DATE: January 7, 2014 ITEM NUMBER: 8p PRO,lECT NUMBER: M DA 13-023 ITEM TITLE: CONNECTIQNS CREDIT UNION Public Nearing: MDA 13-0?3 Connections Credit Union at Ten Mile by Connections Credit Union Located Southeast Corner of W. Pine Avenue and N. Ten Mile Road Request: Amend the Development Agreement (Instrument # 1 i 011.1935) for the Purpose of Attaching a New Concept Plan and Building Elevations MEETING NOTES C/i APPR69E~ Community Ita~Pr®senta~ons Presenter Contact lnfoJNotes CLERKS OFFICE F/NAL ACTION E-1A/W.ED TO RENT TO BENT TO ~~: STAFF AGENCY APPLICANT NOTE8 INITIAL8 Mer~lian City Council Meeting DATE:. January 7, 2014 ITEM NUMBER: 9A PROJECT NUMBER: ITEM TITLE: CITY COUNCIL City Council: Election of New City Council Officers and Department Uctison Appointments ~~, MEETING NOTES G~o~!~ ~~ Pis '~ ~~ ~ 4 v Community ltemtPresentati®ns Presenter Contact InfoJNotes ~_ ~ ,_._. CLERKS OFFICE 1~NAL ACTION DATE: E~MAIL.~D TO 8TAFF SENT TO AGENCY BENT TO APPLICANT NOB INITIAI.8 Meritl- Cf~- Council Meeting -DATE: January 7, 2014 ITEM NUMBER: 6A PROJECT NUMBER: FP 13-042 ITEM TITLE; FINAL 4Rt1~R - BAINBWDGE SUBDIVISION N0.2 Fina! Order for Approval: FP 13-042 Bainbridge Subdivision No. 2 by Brighton Inver#ments, LLC located South Side of Chinden Boulevard, Midway Between N. Ten Mile and N. Black Cat Roods Reques#: Final Plat Consisting of 93 Single Famly Residential Building .lots and Twenty-Four (24) Common Area Lots on 42.81 Acres of land in the R-8 Zoning District MEETING NOTES ~ APPROYEU Community Item/Prosenta~ons Presenter Cwrtalct Info.iNotes CLERICS OFFICE FINAL ACTION DATE: E-MAILEO TO 8ENT TQ 8ENT TO NOTES INITW.S 8TAFF AGENCY APPLICANT Meridian C~#y Council Meng DATE: January 7, 2014 ITEM NUMBER: 6C PROJECT NUMBER: AZ 12-005 ITEM TITLE: ORDINANCE NO. Ordinance No. / ~ ~ ~ ~ ~~ An Ordinance (AZ 12-045 TM Crossings for Annexation of a Parcel of Land being a Portion of the NW'/. of the SW'/. of Section 14, Township 3 North, Range 1 West; Establishing and Determining the Land Use Zoning Glassil"ication of Said Lands from RUT to C-G (General Retail and Service Commercial) District; and Providing an Ef#ective Date MEETING NOTES .~ ~_ ._ U/ ppPRUtlED Community Item/Presentas Presenter Contact #nfoJNotes .,_,.._ ~_,~ CLERKS OFFICE FINAL ACTION ~~, E~MAiIED TO SENT TO SENT TO ~~ INI'TULLS STAFF AGENCY APPLICANT ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAHO 01/09/14 01:14 PM DEPUTY BonnieQSerhillg '~I I'I~I~II~I1~!"11I~'ll~~"II'~'~~~ RECORDED-REQUEST QP I 1 ! 11 1 1 11 11 II Meridian City 11 ~E~0~25 CITY OF MERIDIAN ORDINANCE NO. ~ ~~ ~ ~ ~ ~~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 12-005 - T1VI CROSSING) FOR ANNEXATION OF A PARCEL OF LAND BEING A .PORTION OF THE NW '/ OF THE SW '/ OF SECTION 14, TOWNSHIP 3 NORTH, RANGE 1 W.F.,ST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHiVIENT "A" AND ANNEXING CF..:RTAIN LANDS AND TERRITORY, SITUATF.,D IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THF, CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO C-G (GENERAL RETAIL AND SERVICE COMMERCIAL DISTRICT) IN THF. MERIDIAN CITY CODE; PROVIDING THAT COPIES OF T:H:IS ORllINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE AAA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY ~ OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal. Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re- zoning by the owner of said property, to-wit: SC~'S Brighten LLC. SECTION 2. That the above-described real property is hereby annexed and re-zoned from RUT to C-G (General Retail and Service Commercial District), in the Meridian. City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with. all the noticing requirements pursuant to the laws of the St<~te of Idaho, and the Ordinances of the City of Meridian to annex and re-zone said property. SECTION 5. 'T'hat the City Engineer is hereby directed to alter all use and area maps as well. as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of ~ the City of Meridian in accordance with this ordinance. ANNEXAT.IO.N - TM CROSSING (AZ 12-005) Page 1 of 3 r"'1 SECTION 6. .All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and. annulled. SECTION 7. This ordinance shall be in lull force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days. following the effective date ofthis ordinance, duly file a certified copy of this ordinance anal a map prepared in a draf%sman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and. Assessor and shall also file simultaneously a certified copy of this ordinance and map with. the State Tax. Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (112) plus one { 1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (I) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full ~ force and effect upon its passage, approval. and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~~ dxy of _~ A~,r~. , 2014. APPROVED BY THE MAYOR OF THE CITY OF MEKII)IAN, IDAHO, this clay of ,,~ ~,. , 2014. ,~..._ ,-'~~ MAYO M c V~I•~,ER ATTESTt &.. '~ t~ __ _ JAYCL. HOLIVIAN, CITY CLEL2.I{ .~ ANNEXATIt~N - TM CROSSING (AZ 12-405) .Page 2 of 3 ~~ STATE OF IDAI-IO, } } ss: County of Ada ) On this '~- day of~ ~ , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared 1' MMY de WF.,ER.D and JAYCEE L. HOLMAN, known to me to be the Mayor anal 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 ot'ticial seal the day and year first above ~~Titten. ~,, ,. ,. ~. .- w.:.~~~ ~.._ ~. (SEAL) NC) ARY PU13L~ . FO:K IDA O RESIDING AT: ~-- "~ ~~ MY C'OIVIMISSION EXPIRES: t - t.~.-~ ~`1 ANNEXATION - TM CRUSSINC; {AZ 12-00 +) Page 3 of 3 ~1 ~~;H~TT A LEGAL DESCRIPTION IEGAI OESCRIPt~V K3R TM CROSSING TOWN'.~iIP 3 NORTH, RANGE 1 WEST, SECTtaN 1A, B.M. IIDJ- COUNTY,10u1li0 Beim a portkm of the NW 114 of the SW 314, Section id, Tawrr:h~ 3 North, Range 1 West, Boise Merldlan,lWa Ca++r-t1L kiaho, described as fblbtivs: Commencing at the Northwest corner of the Southwest 114 of Section 14; thence abng the nt-rth quarter hie of saki Southwest 114 S 89'ii'32' E, a disbre.c of 34.98 feet, to a poktti to a point txr the east night of way line of Ten Mile Road, poMt aba brMg the Northwest property corner of parcel 51214325900, Pant alw being the POINT O~ BEGINNING. Thence k!avbg said cwst Ten M8e Road right of way Bne 589'13.'32' E. a distance of 2621.44 feet, to a Paint, atso beMg a pant nn the rwrtit property line parcrrl 5121431,480?; Thence leavlhg ssid north property Nrtie 500'34'54" W, a dkrtance of 1345.61 feat, to a poks0 m a point, stso bed a point on the north right of way of Interstate 84; Thence abnE ski right of way N 89`34'28" W, a distance of 503.21 feet, to a point Thence abng saki rightof way N 81'x'23" W, a distance of 26.89 feet, m a point, also being a point on the west earner ~ said parcel; Thence kavk~ said property corner along said rat of way N 80"58'41" W, a distance of 56.23 feet, to a panty Thence abng said right of way N 85'28' 1.8" W, a distance of 668.19 feet, to a poMt; Yhente along sak! right of way N 04'16'40" E, a distance of 25A3 feet, to a paint; Thence akmg said right of way N 85'32'20" W, a dkaartce ~ 110.00 feet, to a point; Thence abng said right of wsy S 04`27'40" W, a distance of 15.00 feet, to a pok'rt; Thence abng said right of way N 81'34'49" W, a distance of 422.T4 #eet, ~ a poMt; Thence abng said right of way N 82'32'17" W, a distance of 579.12 #eeL to a point; Thence abr~g saki right of way N 73.57' 16" W, a dMarxe of 103.91 feet, to a point; Thencx abng saki right of way N 47'21'40" W, a distance of 168.01 first, to a point, atso being a pobt an the east t~ht of way of Tan Mlle Road; Thence song said right of way N 12'ti4'04" W, a distance of 92.20 feet, to a paktt; Thence abrrg said s~ht of way N 01`29"59" W, a distance of 468.03 feet, m a paint; Thence tdong saki right of way N 89'28'lY W, a distarbce of 4.00 fret, too point; Thence abng said right of way N 00'31'51" E, a distar-ce of 37224 feet, to a poMt; Thcrxx abng said r~ht of wsy N 00'31'51" E, a distance of 84.53 feet, to a poM+t, also being die POINT OI: BEGINNING. Corttabing TS.52 acres, more ar less. Basis of Bearing West sectbn lMe of the NW K of Sectbn 14 tonunencing at the Northwest wrner of the Southwest 114 of Sedbr-14; ther-ce N 00'33'40" iro a distance of 2658.13 feet, to the northwest ca~rwr of setxion 14. EXHIBIT A ~~ w ,, t6 H h I ~~~ ~~ 4 1 PONTVF oEpIMMNO /~ ~ir9P'E n a+r ar e~w Ni" at ta'Yv - -~.ti. pb~. ~M~ .. _ ..arti~ _ .~ ..._.~_. ~...--M-~-~~... a~NE: 1S!~aP I "'..~ I I I i l ! I I i 1 i I 1 i I I I 1 i 1 l I i ~~ 1 I I I I I 1 I 1 1 1 I 1 l i t l l l l l l l i --i i l l l i l l f i t I I 1 1 i I I I I ~ ~ ~ 1_ _ t,...~al.. J _ 1M,J. _ 1 ...*.._ L ..1 _~i ( I I I I I I I ~ N+roro f~ ~ ,low -wr x+~~ow _/~ ~ 1 '~ ~..,. Iran az trw ---~ wan I nr u a~e ....""" ~ '~' t ~0!~~N16•9M ta'+N PMpr ar 7a'YY aca.tr ~...rar ar 70'w aaaw wr or aw 1WAa' WD'W 471N 16af` erar+aw N.aY tam i I i 1 ~~ a, A ~a u p `~` KELLER TM CR~3SSING BOUNDARY MAP B oIR o~TTi~N N~ EXHIBIT ~ Meridian City Council Meeting DJ4TE: January 7, 2014 ITEM NUMBER: 9B PRt)JECT NUMBER: ITEM TITLE: iRES4LUTtoN NO. Mayor's Office: Resolution No. ~ ` ` t ~ : A Resolution Declaring aDrug- Free Idaho MEETlNt3 NOTES [/ RPP~uYED Community ItfPrel~entations Presenter Contact MfoJNotes CLERKS OFFICE F/N~AL AGT/oN E-MAILED TO 8ENT TO SENT TO ~~' 8TAFF AGENCY APPLICANT NOTES fNIT1AL8 CITY OF MERIDIAN RESOLUTION NO. 1 ~ ~ ~~ I BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION DECLARING ADRUG-FREE IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian is our home, the place where we live, work, and raise our families, and our community is not immune to the blight of drug abuse that affects our entire nation; WHEREAS, our community experiences the costs of substance abuse and addiction in its destruction of families, impacts to students and educators, loss of productivity in the workplace, escalation in the number of impaired drivers on Idaho roads, and other threats to public health, safety, and welfare; and WHEREAS, prevention education works to reverse the trend of increased drug use resulting in part from drug legalization efforts nationwide; and WHEREAS, winning the fight against drug abuse is possible if individuals in our community step forward to serve as role models and leaders, and to-help our children walk drug-free through adrug-filled world; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the City of Meridian joins the Association of Idaho Cities in its campaign to end complacency, ignorance, and hopelessness in the face of drug abuse in Meridian and in Idaho. Section 2. That the City of Meridian will work toward making Meridian and Idaho drug-free, by effectuating responsible local policies and by encouraging and supporting responsible state and national policies. Section 3. That the City of Meridian will engage with community partners, coalitions, and organizations to implement strong and effective prevention strategies in our local and greater community. Section 4. That 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 ~ d y of January, 2014. APPROVED by the Mayor of the City of Meridian, Idaho, this ~ ~ ~ day of January, 2014. APPROVED: ,~ ;~„~~; Mayor ~ ~ ~~~. ~,~,:: TJ~ :~A'f~~. ~p rR ~ 1 ~ h e r r ~: ~_.. RESOLUTION FOR A DRUGFREE IDAHO ATTEST: Clerk PAGE I OF 1