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2014-01-14E 1DIA .1^, CITY COUNCIL WORKSHOP MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, January 14, 2014 at 3:00 PM 1. Roll -Call Attendance X David Zaremba X Joe Borton O Charlie Rountree O Keith Bird X Genesis Milam X Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Adoption of the Agenda Adopted 4. Consent Agenda Approved A. Revised Final Order for Approval: FP 13-035 Bainbridge Subdivision No. 1 by Brighton Development Located East Side of N. Black Cat Road, Approximately 1/4 Mile South of W. Chinden Boulevard Request: Final Plat Approval Consisting of Forty -Two (42) Single -Family Residential Building Lots and Two (2) Common/Other Lots on 13.71 Acres of Land in an R-8 Zoning District B. Development Agreement for Approval: MDA 13-017 Three Corners by C13, LLC Located Southeast Corner of N. Locust Grove Road and Chinden Boulevard Request: Modify the Recorded Development Agreement (Inst. #108022887) to Incorporate a New Concept Plan, Attach New Home Elevations and Update Certain Sections of the DA to Reflect the Proposed Changes C. Development Agreement for Approval: RZ 13-011 Crimson Maple by Crimson Maple Townhomes, LLC Located on the East Side of NW 4th Street, North of W. Maple Avenue Request: Rezone 1.59 Acres from the R-8 (Medium -Density Residential) Zoning District to the R-15 Zoning District (Medium High -Density Residential) D. Award of Bid and Approval of Agreement for "Wastewater Treatment Plant (WWTP) Administration and Lab Buildings - Construction, Bid Package 21 Meridian City Council Meeting Agenda — Tuesday, January 14, 2014 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Elevators" to Schindler Elevator Corp. for a Not -To -Exceed Amount of $140,000.00 E. First Amendment to Professional Services Agreement with CJRDesign for Fabrication and Installation of Meridian Split Corridor Phase 2 Public Art Project F. Interagency License Agreement with Ada County Highway District (ACHD) to Encroach Upon a Portion of the Public Right -of -Way to Install Conduits that Enclose Fiber Optic Cable G. Award of Bid and Approval of Agreement for "PTSC Ditch Tiling" to Thueson Construction, Inc. for the Not -To -Exceed Amount of $58,700.00 5. Community Items/Presentations A. Economic Development: Fields District Consultant Presentation Motion approved to direct the Community Development Director to move forward 6. Items Moved From Consent Agenda None 7. Department Reports A. Mayor's Office: Strategic Plan Update B. Mayor's Office: Resolution No. 14-972: Resolution Appointing Darrel McRoberts to Seat 8 of the Meridian Transportation Commission Approved C. Public Works: Energy Star Award for City Hall D. Community Development: Raised Curbs in Franklin Road, West of Linder Road Motion approved to instruct staff to draft a letter to Ada County Highway District supporting Jackson's request to reevaluate the raised curbs on Franklin Rd., west of Linder and to remove the western most curbing leaving the eastern curbing in tact 8. Ordinances A. Ordinance No. 14-1589: An Ordinance (RZ 13-012 — Raisin' Angels) for the Re -Zone of a Parcel of Land Located in the Southwest 1/4 of Section 8, Township 3 North, Range 1 East, Boise, Meridian, City of Meridian, Ada County, Idaho Approved B. Ordinance No. 14-1590: An Ordinance (RZ 13-013 — Casa Bella Subdivision) for the Re -Zone of a Parcel of Land Situated in a Portion of the NE 1/4 of the Meridian City Council Meeting Agenda — Tuesday, January 14, 2014 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. SE 1/4 of Section 30, Township 4 North, Range 1 East, Boise, Meridian, City of Meridian, Ada County, Idaho Approved C. Ordinance No. 14-1591: An Ordinance (AZ 13-013 — Creekstone Subdivision) for the Re -Zone of a Parcel of Land Located in the Southwest One Quarter of the Northeast One Quarter Section 10, Township 3 North, Range 1 West, Boise, Meridian, City of Meridian, Ada County, Idaho Approved 9. Future Meeting Topics 10. Amended onto the Agenda: Executive Session Per Idaho State Code 67-2345 (1)(a)(c)(f): (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, (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency, and (f) To Consider and Advise Its Legal Representatives in Pending Litigation Into Executive Session at 5:29 PM Out of Executive Session at 5:52 PM Adjourned at 5:52 PM Meridian City Council Meeting Agenda — Tuesday, January 14, 2014 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting DATE: January 14, 2014 ITEM NUMBER: 4A PROJECT NUMBER: FP 13-035 ITEM TITLE: BAINBRIDGE SUBDIVISION NO. 1 Revised Final Order for Approval: FP 13-035 Bainbridge Subdivision No. 1 by Brighton Development Located East Side of N. Black Cat Road, Approximately 1/4 Mile South of W. Chinden Boulevard Request: Final Plat Approval Consisting of Forty -Two (42) Single - Family Residential Building Lots and Two (2) Common/Other Lots on 13.71 Acres of Land in an R-8 Zoning District MEETING NOTES rte✓ APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 14, 2014 ITEM NUMBER: 4B PROJECT NUMBER: MDA 13-017 ITEM TITLE: THREE CORNERS Development Agreement for Approval: MDA 13-017 Three Corners by C13, LLC Located Southeast Corner of N. Locust Grove Road and Chinden Boulevard Request: Modify the Recorded Development Agreement (Inst. # 108022887) to Incorporate a New Concept Plan, Attach New Home Elevations and Update Certain Sections of the DA to Reflect the Proposed Changes MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 48 BOISE IDAHO 01116/14 03:39 PM DEPUTY Lisa Batt RECORDED -REQUEST OF III I�II�IIIIIIIII�II�Illllll Meridian City i 1 14E100 ADDENDUM TO THE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. David Dean, Owner/Developer D o 111 This addendum is made and entered into this day of , -204-3, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, ereafter called CITY and David Dean whose address is 1890 E. Dunwoody Court, Meridian, ID 83642, hereinafter called OWNER/DEVELOPER. RECITALS A. CITY and OWNER/DEVELOPER, and/or predecessors, entered into that certain Development Agreement dated February 28, 2008 (Instrument # 108022887). B. CITY and OWNER/DEVELOPER now desire to amend the Development Agreement and Addendum to the Development Agreement in accordance with the terms in this Addendum, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-651 IA. C. City Council has approved Findings of Fact and Conclusions of Law on November 16, 2013 as set forth in Exhibit "A", which are attached hereto and by this reference incorporated herein as if set forth in full. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNEWDEVELOPER shall be bound by the terms of the Development Agreement, except as specifically to Section 4. 1, Section 5.1 and Section 16 of the original Development Agreement as follows: 4. USES PERMITTED BY THIS AGREEMENT.• 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2A§ 11-2B which are herein specified as follows: Construction and development of 54 single family residential lots, 8 commercial lots and 6 common lots in the proposed C -C, R-8 and R-4 zoning districts pertinent to File# PP 13-025 ADDENDUM TO DEVELDPMENT AGREEMENT (MDA 13-017 THREE CORNERS SUBDIVISION) PAGE 1 OF 5 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY. 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. The owner/developer shall comply with the submitted home elevations attached in Exhibit A. 2. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 3. The Applicant shall be responsible for all costs associated with sewer and water service installation. 4. The following shall be the allowed uses on this property: Permitted and accessory uses within the C -C zone. All conditionally permitted uses on the subject site shall be subject to CUP approval. S. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. The Applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZQ permit and administrative design review approval from the Planning Department prior to any commercial building construction on the subject property. 7. Except for one fudl-access for the private school and one public street access to Locust Grove Road, no other access points to Locust Grove Road or Chinden Boulevard shall be allowed. 8. Construct a 35 foot wide landscape street buffer along Locust Grove Road and Chinden Boulevard as proposed. Include the construction of a 10 foot wide pathway adjacent to Chinden Boulevard in accordance with UDC 11-3H-4. 9. Construct a minimum 25 foot wide landscape buffer between all C -C zoned property and residential uses. 10. Preserve a minimum 70 foot wide right-of-way for Chinden Boulevard, and construct a minimum 10 -foot wide pathway adjacent to the site. ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-017 THREE CORNERS SUBDIVISION) PAGE 2 OF 5 11. Future development of the commercial lots shall comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. 12. The ownerldeveloper shall pay 50% of the sign cost (not to exceed $5000.00) for an entryway monument sign on the southwest corner of Chinden Boulevard and N. Locust Grove Road. 16. NOTICES: Any notice desired by the parties andlor required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNERIDEVELOPER: David J. Dean 1890 E. Dunwoody Court Meridian, ID 83642 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 2. That Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de -annexation of the Owner/Developer, or their assigns, heirs, or successor shall not meet the conditions of this addendum to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 3. This Addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Addendum shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Addendum if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed their obligations under this Addendum. ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-017 THREE CORNERS SUBDIVISION) PAGE 3 OF 5 4. If any provision of this Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions or under -standing, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this second addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution Of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This Addendum shall be effective as of the date herein above written. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. CITY OF MERIDIAN Mayor6I� T 1 Attest: Go�ouhxo Av��sTf Cety of J aeo SEAL w 7 R E ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-017 THREE CORNERS SUBDIVISION) PAGE 4 OF 5 STATE OF IDAHO ) ss: County of Ada, On this 3 day of J c v1y awl , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared David Dean known or identified to me to be the person who executed this agreement, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ■ware• (SEAL}AR�� ' ' r r � i • pA�.%o: of :�1►• AUBLt . STATE OF IDAHO ) ss County of Ada ) --4auLrvy Public or Idaho kesiding at: e n d{ o-rA ID My Commission Expires: o?OJ v On this day of , 201, before me, a Notary Public, personally appeared Tammy de Weerd and A�`,�knOw or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) ,M cw �y Uc, L Notary Public for Idaho Residing at: _ 0Od W e — , _r C:)_ Commission expires: FS -d -q— b? ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-017 THREE CORNERS SUBDIVISION) PAGE 5 OF 5 o I, ii �n Fii CITY OF MERIDIAN E IDIANFINDINGS OF FACT, CONCLUSIONS OF LAW AND IDA DECISION & ORDER In the Matter of the Request for Rezone of 31.73 Acres to the C -C, R-8, R 4 Zoning Districts; Preliminary Plat Consisting of 54 Single -Family Residential Lots, 8 Commercial Lots and 6 Common Lots on 30.27 Acres of Land and Development Agreement Modiflcation to Amend the Recorded Development Agreement for Three Corners Subdivision to Incorporate a New Plat Design, Attach New Home Elevations and Update Specific Provisions, Located on the Southeast Corner of Chinden Boulevard and N. Locust Grove Road, by David Dean. Case No(s). RZ-13-010; PP -13-025 and MDA -13-017 For the City Council Hearing Date of: November 6, 2012 (Findings on November 19, 2013) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 6, 2013, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 6, 2013, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 6, 2013, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 6, 2013, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-13-010; PP -13-025 and MDA -13-017 -1- 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of November 6, 2013, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 1 I -SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for rezone, preliminary plat and development agreement modification for Three Corners Subdivision is hereby approved per the conditions of approval in the attached staff report for the hearing date of November 6, 2013, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become nuII and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC I 1 -6B -7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11 -6B -7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B -7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B -7C). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11 -5B -3D). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-13-010, PP -13-025 and MDA -13-017 -2- 11� (UDC 11-513-3F). l_ E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eigbt (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. Attached: Staff Report for the hearing date of November 6, 2013 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-I3-010; PP -13-025 and MDA -13-017 -3- /'1 By action of the City Council at its regular meeting held on the ,�� day of A 19-.Q,�r•�pQ 2013. COUNCIL PRESIDENT BRAD HOAGLUN COUNCIL VICE PRESIDENT CHARLIE ROUNTREE COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED VOTED VOTED VOTED VOTED rte. Mayor Tae Weerd ra- At& Attest: y of - t IuAHo -Ily-c6e 1(6nan, City Clerk SEAL ` w fr O�fFe 9Qi M5�F� Copy served upon ApplicAnt, The Plann epartm+ Public Works Department and City Attorney. Dated: itholl CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-13-010; PP -13-025 and MDA -13-017 -4- EXHIBIT A STAFF REPORT Hearing Date: November 6, 2013 EKIDIAN�, TO: Mayor and City Council f D A H FROM: Bill Parsons, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Three Corners Subdivision - RZ-13-010; PP -13-025 and MDA -13-017 I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant has applied for a rezone (RZ) of 31.73 acres of land from the C -C (Community Business District), R-8 (Medium -density Residential) and R-2 (Low-density Residential) zoning districts to the C -C (Community Business District), R-8 (Medium -density Residential) and R-4 (Medium Low-density Residential) zoning districts; preliminary plat approval of 68 lots consisting of 54 residential lots, 8 commercial lots and 6 common lots on 30.27 acres of land; and a development agreement modification to incorporate a new plat design, attach new home elevations and update certain provisions in the recorded DA relevant to the proposed development. See Section IX of the staffreport for more information. H. SUMMARY RECOMMENDATION Staff recommends approval of the proposed RZ, PP and MDA applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning and Zoning Commission heard these Items on October 3, 2013. At the Public hearinm the Commission voted to recommend approval of the subiect RZ and PP reanests, a. _Summary of Commission Public Hearinin i. In favor: Kent Brown ii. In opposition: None iii. Commenting: None iv. Written testimonv: Kent Brown in response to the staff report v. Staff Presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: L None e- Kev Commission Change(s) to Staff Recommendation: i. None d. • Outstanding Issues) for City Council: L None I k1n I IIra 1111 II \LIE 11 Three Comers Subdivision RZ-13-010; PP -13-025 & MDA -13-017 PAGE i EXHIBIT A M. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-13- 010, PP -13-025 and MDA -13-017 (optional), as presented in the staff report for the hearing date of November 6, 2013, with the following modifications: (Add any proposed modifications). Denial After considering all staff applicant and public testimony, I move to deny File Numbers RZ-13-010, PP -1 3-025 and MDA -13-017 (optional), as presented in the staff report for the hearing date of November 6, 2013, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers RZ-13-010, PP -13-025 and MDA -13-017 (optional), to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) �.� W. APPLICATION AND PROPERTY FACTS A. Site Address/Location.- The ddress/Location: The site is located on the southeast corner of E. Chinden Boulevard and N. Locust Grove Road in Section 29, Township 4 North, Range 1 East. (Parcel No.: 50529223000) B. Owner/Applicant(s): David Dean 1746 E. Dunwoody Court Meridian, Idaho 83642 C. Representative: Kent Brown, KB Planning PO Box 36 Meridian, Idaho 83680 D. Applicanes Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a rezone, preliminary plat and development agreement modification. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: September 16, and 30, 2013 (Commission); October 14 and 28.2013 !Council) C. Radius notices mailed to properties within 300 feet on: September 5, 2013(Commission); October 10, 2013 (Council) Three Corners' Subdivision R2r13-010; PP -13-025 & MDA -1 3-017 PAGE 2 EXHIBIT A D. Applicant posted notice on site(s) on: September 21, 2013 (Commission); October 18.2013 Coin VI. LAND USE A. Existing Land Use(s) and Zoning: This site is currently being farmed and consists of agricultural property, zoned C -C, R-8 and R-2. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Chinden Boulevard and Banbury Subdivision, zoned R -1-P in the City of Eagle 2. East: Private school, zoned C -C; and church, zoned R-8 3. South: Dunwoody Subdivision, zoned RUT in Ada County 4. West: Fuller Ranchettes Subdivision, zoned RI in Ada County C. History of Previous Actions: In 2007, the property received comprehensive plan map amendment (CPA -07-011), annexation (AZ -07-017) and preliminary plat (PP -07-021) approval for a mixed use development consisting of a private school, retail, office and residential uses. The preliminary plat consisted of 33 residential lots, 11 commercial lots and 10 common lots. A development agreement (DA) was required with the annexation of the property (#108022887). Subsequent final plats (FP -08-006 and FP -08-019) and time extensions (TE -10-024 and TEC 12-009) have also been approved by Council keeping the previous approvals valid. D. Utilities: 1. Public Works: a. Location of sewer: With the previous approvals back in 2008, two small sections of the sanitary sewer system were extended from the existing main in N. Locust Grove Road. With this current application, the sewer systems will be continued throughout. b. Location of water: With the previous approvals back in 2008, one small section of the water system was extended from the existing main in N. Locust Grove Roil. With this current application, another connection to the N. Locust Grove main will be required, in addition to the water systems being continued throughout. c. Issues or concerns: A new water main source will need to be extended into the proposed development at the southwest comer, and looping will need to be accomplished for any mains serving more than 25 lots. E. Physical Features: 1. Canals/Ditches Irrigation: The Fuller Drain and the Karnes Lateral exist on the site and will require tiling per code. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: NA VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mixed Use — Community (MU -C)" on the Comprehensive Plan Future Land Use Map. The purpose of this designation is to allocate areas where community -serving uses and dwellings are seamlessly integrated. Featured elements of the nixed use development should include the following: • Residential densities at a minimum of 6 dwelling units to the acre; Three Corners Subdivision RZ-13-010; PP -13-025 & MDA -13.017 PAGE 3 EXHIBIT A • Where feasible higher density along SH 20/26 to serve employment destination centers; • A conceptual site plan; • Provide community serving facilities; • Provide some form of common, usable area, such as a plaza or green space; • Landscape buffering between commercial and existing low or medium density residential; • Three different types of land uses and; • Be accessible to neighborhoods by both vehicles and pedestrians. This site is proposed to develop with a mix of commercial and residential. In looking at the overall MU -C designated area and the surrounding development in the area, the proposed development incorporates many of the mixed use elements of the comprehensive plan. An existing private and public school are developed in the area. A transition is being provided between the county residences on the east and south boundaries through a common lot and varying lot sizes. The commercial portion may develop with a mix of office and retail uses to serve the proposed development. A central park is proposed along the south boundary of E. Three Corners Drive. Lastly, an integrated pathway system is proposed that links the residential portion of the development with proposed open space, the proposed commercial development, the adjacent school site and the 10 -foot pathway required along Chinden Boulevard. Although the density of the proposed development (2.64 dwellings per acre) is under the target density of the comprehensive plan, the number of residential lots and density has increased over the previously approved plat in 2007. Based on these factors, Staff is of the opinion that the proposed plat is generally consistent with the comprehensive plan and the adjacent development in the area. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): 1. "Support a variety' of residential categories (low-, medium-, medium-high and high-density single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." (3.07.0113) The proposed medium -low and medium density residential development will contribute to the variety of residential densities in this area of the City as previously envisioned. 2. "Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc." (3.05.02C) Street buffer landscaping is required adjacent to E. Chinden Boulevard, N. Locust Grove Road and E. Three Corners Drive, to accord with the standards listed in UDC 11 -3B -7C Separate permits shall be obtained for signage and fencing in compliance with the standards listed in UDC 11 -3D -S and II -3A-7 respectively. "Require landscape street buffers for new development along all entryway corridors." (2.01.02E) A 35 foot wide landscape buffer will be required along E. Chinden Boulevard and N. Locust Grove Road, all entryway corridors, in accord with the standards listed in UDC 11 -3B -7C Landscape Bui°ers along Streets. 4. "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.01F) A majority of the lots along the perimeter of the development are larger in size to provide transitional lots sizes between the proposed development and the adjacent county developments to the east and south. 5. "Require common area in all subdivisions." (3.07.02F) Three Comers Subdivision RZ-I3-070; PP -13-025 & MDA -13-017 PAGE 4 EXHIBIT A The applicant is required to provide a minimum of 10106 qualified open space as set forth in UDC I1 -3G-3. The plat depicts 12.9% (or 3.9 acres) of qualified open space in compliance with this requirement. 6. "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.01F) The proposed development is contiguous to the city and city services are available to be extended to the site upon development in accord with UDC 11-3A-21. 7. "Encourage and promote the preservation and expansion of Chinden Boulevard (US 20126) by 1TD (3.03.02L)." The applicant has coordinated with ITD on the preservation of right of way (ROIL along the Chinden corridor. The total ROW needed for this segment of corridor is 140 feet. The submitted plans depict the 30 feet of additional (70 feet total from centerline) ROW. 8. "Provide housing options close to employment and shopping centers" (3.07.02D) The proposed residential development will provide housing opportunities in close proximity to the new Fred Meyer shopping center at the northeast corner of Chinden & Linder and a little further away to the Village at Meridian & Meridian Crossroads developments at Fairview & Eagle and the shopping center at Ustick and Eagle. 9. `Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.01F) The proposed single-family residential development should be compatible with existing adjacent residential, agricultural, school uses and church uses developed in the area. 10. "Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. (3.03.03C) A stub street is proposed at the south boundary for future connectivity consistent with this goal. 11. "Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system." (3.03.03B) An integrated pathway system is proposed that links the residential portion of the development with proposed open space, the proposed commercial development, the adjacent school site and the 10 foot pathway required along Chinden Boulevard. 12. "Require new development to construct and maintain monument signs, consistent with the Welcome to Meridian signage plan." (2.01.030) The owner volunteered to contribute a monetary amount towards a gateway monument sign on property located on the southwest corner of Chinden and Locust Grove. Staff has included this commitment as a recommended provision of the development agreement below. 13. "Reduce the number of existing access points onto arterial streets by using methods such as cross access agreements, access management and frontagetbackage roads." (3.03.02N). Public street access is provided to N. Locust Grove Road, cross access is proposed for the commercial lots and no access is proposed to Chinden Boulevard consistent with this goal. For the above stated reasons, staff is of the opinion the proposed project is consistent with the goals and objectives in the Comprehensive Plan. Three Corners Subdivision RZ-13-010; PP -13-025 & MDA -13-017 PAGE 5 EXHIBIT A VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of the Zone(s): COMMERCIAL DISTRICTS (C -C): - The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Six Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. RESIDENTIAL DISTRICTS (R-4 and R-8): - The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Schedule of Use: Table 11-213-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the C -C zoning district. Table l 1-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-8 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-213-3, UDC 11-2A-5 and UDC 11-2A-6 for the C -C, R-4 and R-8 zoning districts. D. Landscaping: • Street buffer landscaping shall be installed in accordance with the standards listed in UDC Tables 11-213-3, UDC 11-2A-5 and UDC 11-2A-6 and UDC 11-313-7C for the C -C, R-4 and R-8 zoning districts. • Parking lot landscaping: All parking lot landscaping shall comply with the standards listed in UDC 11-313-8C. • Landscape buffers to residential uses shall comply with the standards listed in UDC Table 1 l - 2B-3 and UDC 11-313-9C. • The proposed micropaths shall comply with the design standards in accord with UDC 11-3A- 8 l -3A- 8 and UDC 11-313-12. E. Subdivision Design and Improvement Standards: The subdivision must comply with the subdivision design standards outlined in UDC 11-6C-3. F. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings and UDC 11 -3C -6B for the commercial lots. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Rezone and Development Agreement Modification (RZ and MDA): As mentioned above, this property was approved for a mixed use development and zoned accordingly. At the time, fewer residential lots were proposed and more detail was provided for the development of the commercially zoned property. Due to the changes in the residential market, the applicant has applied to rezone approximately 31.73 acres of land from the C -C, R-8 and R-2 zoning districts to the C -C, R-4 and R-8 zoning districts. The rezone would allow the zoning to match the new plat design, reduce the acreage of commercial zoning and increase ^. residential zoning acreage to incorporate more residential lots over the previous plat. Since the Three Corners Subdivision RZ-13-010; PP -13-025 & MDA -13-017 PACE 6 EXHIBIT A proposed project differs from the previous approvals, the zoning boundaries must change and the recorded development agreement (DA) must be amended to incorporate now provisions relevant to the proposed subdivision. Staff has provided the appropriate DA sections that need to be modified: • Section 4.1: Construction and development of 3-3 54 single family residential lots, 418 commercial lots and 4-2 6 common lots in the proposed C -C, R-8 and R4 R-4 zoning districts 40MA-A pertinent to File# PP -13-025. • Section 5: Provision #1— Replace all language including bullet points and add the following: The aMlicant shall comply with the submitted home elevations attached in Exhibit A.4. Add the following new DA provisions: • Future development of the commercial lots shall comply with the design standards listed in UDC 11-3A-19 and the euidelines contained in the Meridian Design Manual. • The applicant shall pay 50% of the sign cost (not to exceed $5000.00) for an entryway monument sign on the southwest corner of Chinden Boulevard and N. Locust Grove Road. Preliminary Plat The proposed preliminary plat consists of 54 residential lots, 8 commercial lots and 6 common lots on 30.27 acres of land in the C -C, R-4 and R-8 zones. The minimum lot size proposed with n the residential portion of the plat is 5,235 square feet and the average lot size is 8,500 square feet. The commercial lofts range in size between 29,510 square feet up to S 1,040 square feet. The gross density for the proposed subdivision is 2.64 dwelling units to the acre. Although the proposed density is under the target density of the comprehensive plan and the UDC, staff is of the opinion the density is consistent with the surrounding residential developments and provides a higher density than the previous plat. Dimensional Standards: The residential zoning districts (R-8 and R-4) require minimum lots sizes. The minimum lot sizes for the detached single family residences in an R-8 zone is 5,000 square feet with a minimum of 50 feet of frontage; the R-4 standards require lot sizes of 8,000 with frontages of 60 feet. A few of the R-8 lots (Lots 21, 22, 24 and 25, Block 1) do not meet the frontage.requirements of the R-8 zone and must take access from a common drive. With the submittal of the final plat, the common drive easement must comply with the standards set forth in UDC 11 -6C -3D. The commercial (C -C) portion of the development does not have dimensional standards. Landscape buffers for the commercial development may either be a common lot or a permanent dedicated buffer. The submitted plat does not depict the required 35 -foot wide permanent landscape buffer easement along the east side of N. Locust Grove Road or the 10 -foot wide landscape buffer on the north side of E. Three Corners Drive. The plat must depict the required permanent landscape buffer easements with the submittal of the final plat. Easement: The applicant is required to provide a looped water system for the development. The submitted plat shows an 8 -inch water main along the south boundary of Lots 15-19, Block 2. Public Works is not amenable to the proposed location of the water main and is requiring it be rerouted through Common Lot 4, Block 2 and connect into the water main terminating in the W. Red Barn Court cul-de-sac. With the submittal of the final plat, the applicant must widen the Three Comers Subdivlslon RZ-13-010; PP -13-025 & MDA -13-017 PAGE 7 EXHIBIT A portion of the common lot between Lots 14 and Lot 15, Block 2 and the portion abutting the west boundary of Lot 15, Block 2 from 20 feet to 30 feet to accommodate the water main installation. In addition to the above connection, the applicant is required to provide a looped water system for any mains serving more than 25 lots. Specifically, the submitted plat shows an 8 -inch water main in E. Oak Garden Way and N. Hawk Creek Court that is serving over 25 lots. Public Works is not amenable to the proposed configuration and is requiring the dead end main be rerouted through Common Lot 20, Block 1 and connect into the water main serving Lots 4, 5, 8 and 9, Block 1. Irrigation Easement: A 25 -foot irrigation easement in favor of the Karnes Lateral Association runs along the south property boundary and impacts Lots 15-19, Block 2 and Lot 49, Block 1. Since these are larger lots, staff is of the opinion the lots can accommodate the proposed homes however, the applicant must obtain a license agreement from the irrigation district to develop the easement area with fencing and landscaping. If Karnes requires an access across the buildable lots in the form of a gravel road and a portion of the property cannot be customized by the home owners, staff recommends the applicant place the easement in a common lot to be maintained by the HOA. Access: Access is proposed on the plat via one public street access from E. Three Corners Drive which connects to N. Locust Grove Road. A stub street is proposed to the south for future extension. However, there is currently a new home being constructed adjacent to the southern stub street which could impede the extension of the roadway. Prior to the Commission hearing, the applicant should provide a dimensioned exhibit that demonstrates that the proposed stub street can be extended in the future and also provide the secondary access required by the Fire Department. Since commercial lots are proposed for the development, the applicant is providing cross access in accord with the standards set forth in UDC 11-3A-3. Development along State Highways: UDC 11-3H-3 regulates any development along state highways. This section of the code also regulates access to State and Federal highways and future right of way reservations for ITD, Chinden Boulevard limits access to the half mile mark between section lines. The applicant has not proposed any access points to Chinden Boulevard with the submitted PP application. As indicated on the preliminary plat for the project, the applicant is responsible for reserving 70 feet of right way for future expansion of Chinden Boulevard. A provision in the recorded development agreement requires the preservation of the ITD right-of- way. Multi -Use Pathway: The UDC requires a 10 -foot wide multi -use pathway to be constructed along E. Chinden Boulevard (SH 20/26) within a public use easement. Prior to signature on the first final plat, the applicant is required to submit a public pedestrian easement to the Planning Division for approval by City Council and subsequent recordation. Noise Abatement: For the R-8 portion of the development, noise abatement is required to be provided adjoining the state highway. Noise abatement is obtained by providing a berm or berm and wall combination a minimum of 10 feet higher than the elevation at the centerline of the state highway. The applicant has proposed a berm along SH 20/26 however, it does not comply with the aforementioned standard. With the submittal of a final plat, the applicant must provide a berm detail that meets the standards set forth in UDC 11 -3H -4D. Open Space and Site Amenities: A minimum of 10% of the total land area of the site is required to be provided for open space in accord with UDC I1 -3G -3A; the requirements for qualified open space is defined in UDC 11 -3G -3B. The residential portion of the plat consists of approximately Three Corners Subdivision RZ-13-010; PP -13-025 & MDA -13-017 PAGE 8 EXHIBIT A 19.21 acres; therefore, a minimum of 1.92 acres of qualified open space is required to be provided. The qualifying open space for the residential portion totals approximately 2.96 acres which exceeds the 10 percent required by the UDC. Overall 3.9 acres (or 12.9%) of open space is proposed with the plat, consisting of parkways along E. Three Corners Drive, 50% of the street buffers along the arterial streets (Chinden and Locust Grove), two (2) passive open space lots (2.12 acres), several micropath lots and several green belt lots developed with an internal pathway network. In accord with UDC 11 -3G -3A.2, a minimum of two (2) site amenities consisting of the following: quality of life, recreation, and pedestrian or bicycle circulation system amenities are required to be provided with this development in accord with UDC 11 -3G -3C. The applicant is proposing an integrated pedestrian pathway throughout the development, l 0 -foot multi -use pathway adjacent to Chinden Boulevard and a covered picnic area on Lot 4, Block 2. Since the a central park (Lot 1, Block 2) is proposed adjacent to the commercial development and the comprehensive plan encourages a useable open space to be part of the development, staff recommends the applicant provide a sitting area within Lot 1, Block 2 to serve the proposed commercial development. Details of the covered picnic area and the sitting area must be provided with the final plat submittal. If the sitting area is provided within Lot 1, Block 2, Staff finds the proposed subdivision complies with the open space and site amenity standards of the UDC. Landscaping: If the unimproved street right-of-way along N. Locust Grove Road and Chinden Boulevard is 10 feet or greater from the edge of pavement to edge of sidewalk or property line, and street widening project is not in the transportation authority's five year funded plan, the developer is required to maintain a 10 -foot wide compacted gravel shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover in accord with UDC 11 -3B -7C.5. Existing Trees: There are existing trees on the property that may need to be removed with the development of the property. The applicant should protect all existing trees on the site that are greater than four -inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B- 1 0, mitigation is required for all existing healthy trees 4 -inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement. With the submittal of the final plat the applicant should submit a revised landscape plan that details the mitigation plan outlined by the developer and the City Arborist. Parkways: Landscaped parkways and center medians are proposed along E. Three Corners Drive. Both the parkways and the center medians must comply with the standards set forth in UDC 11-3A-17 and UDC 11313-7C. Sidewalks: Sidewalks are required along all public streets. A 5 -foot wide detached sidewalk is required adjacent to N. Locust Grove Road. All sidewalks constructed within the development must comply with UDC 11-3A-17. Ditches, Laterals, and Canals: The Fuller Drain and the Karnes Lateral run through/along this property. Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The Applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single - Three Comers Subdivision RZ-13-010; PP -13-025 & MDA -13-017 PAGE 9 ^. EXHIBIT A point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Existing Structures: The site currently contains an existing barn on Lot 15, Block 2. Because the existing barn is considered an accessory structure and Is not accompanied by a main living (principal) structure, it should be removed prior to the City Engineer's signature on the final plat. Fencing: No fencing is shown on the submitted plans. A detailed fencing plan should be submitted upon application for final plat approval. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter and common open space fencing must be designed as set forth in UDC 11-3A-7. Building Elevations: The applicant has not provided any details of the proposed commercial buildings for site; however the commercial portion of the development is required to comply with the structure and site design standards set forth in the UDC as noted below. A recommended provision of the development agreement requires compliance with these standards with the development of the commercial property. Conceptual building elevations were submitted for the homes in this development as shown in Exhibit A.4. Staff is supportive of the proposed design features portrayed with the home elevations. Design features include a mixture of wood and stucco siding, covered front porches decorative corbels, window trim and varying roof planes. Although single family homes are not required to obtain design review approval, the Meridian Design Manual encourages similar building materials and mix of materials be incorporated into all sides of the future homes, specifically, for those facades that face a public street and common open space. Future homes constructed within the subdivision must comply with the elevations attached in Exhibit A.4 below. Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC application is required to be submitted prior to issuance of building permits for any of the commercial lots. The applicant is required to obtain approval of a Design Review application for the proposed structures and site design for the commercial development. This application may be submitted concurrently with the CZC application. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. Based on the analysis above, staff finds the proposed plat complies with the Comprehensive Plan and the requirements of the UDC and recommends approval of the proposed plat. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 08/14/I3) and Road Extension Exhibit 3. Proposed Landscape PIan (dated: 08/22/13) 4. Proposed Residential Building Elevations 11 ` B. Conditions of Approval Three Comers Subdivision RZ-13-010; PP -13-025 & MDA -13-017 PAGE 10 QO M .._1_l. v :1 C. Legal Description and Exhibit Map for Rezone D. Required Findings from Unified Development Code Three Corners Subdivision RZ-13-010; PP -13-025 & MDA -13-017 PAGE 11 �I Ail � vi� IY/�•.R /(� 1 j,d,f "a'. P y LIZ i 1' o [Y T 7 • �; �Ff 4 ) }•{ � r r + 1 b -E �� '�i,'<ri '+ 2j C y .E a .•rz+ Y ..,r 1r� 3� ., ty! 't"� r 4 �` ; � 'a rt t1 ' � F,�.� f • t�'� ' �iv�fiL 3 r S#� 1 ,'� * a�% � 1 a�42r� 1 �� .� •.1 MAT MWA E r I�+ '(� �':'7' r .. -v•. 4„I�a r..4 a r�: PON - Orr' ' L'T• -`w1y 0,{,+ • ,�, 111191 �� ' ` ' A � � i.'a. `']; `...� r a 1—° 7Tt :p F. gill 11 ` SIT r iw��.�E �� t ! +• �.� e! �+,(, A.ti� her r� y�p ►��., ��.�popi,�?[��r�r peg arzr� � f, � � �; Ftl;! i2 ��i• w1f ��r,t ��1. 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Y�.?.I EXHIBIT A 2, Proposed Preliminary Plat (dated: 08/14/13) and Road Extension Exhibit RURA xearruTIM THREE CORNERS SUBDIVISION NO. 2 A PARCEL OF W-0 WWED RJ THE NM J/4 OF OF ="J/4 SEMON 4 R1 E., B.M.., MY OF ]RJt W,, IDA COU1+7W, YQOO 20J� 107,, +Ary • c II � f0 I N 1 �5_]iA:f�1i V1"�C k BLOCK 3 6�� I ABY cP �i L' 74 1 2f BLOCK J UtY C / ----------- NNW= CT J \� r / ARic E C R.CHAI A ` [[AA OA9U i / IA1C E CL71YF37CY [T � ICK F [LAW JGY CT nw - ' •xa�•»� •ts • ��Y•t.•,t�vesa• RF Q ® - 'RY Three Corners Subdivision RZ-13-010; PP -13.025 & MDA -13-017 PAGE 12 F LTJ nw - ' •xa�•»� •ts • ��Y•t.•,t�vesa• RF Q ® - 'RY Three Corners Subdivision RZ-13-010; PP -13.025 & MDA -13-017 PAGE 12 m WOMEN sa AmmNSWAI TM5 ..Mow. 444 4. Proposed Residential Building Elevations ,. ' ', =;;�� - - �- �iY Y. Qir EXHIBIT A r:' r k,r. �N se for, A5.1 fvr. A52 Three Comers Subdivision RL -13-010; PP -13-025 & MDA -13-017 PAGE 15 EXHIBIT A Three Corners Subdivision RZ-13-010; PP -13-025 & MDA -13-017 PAGE 16 �wr�w v�rawr�o rs�.Lrii u �£ IIIIa ]'i I 0 i111111111H�9t&IPi �,. Ijn�lrull"uNg� I�•�'" jP��: ��..�I ll.l ;��,:::? '_. t ■■C:'�! ■ a- o iWi 101 L �� Three Corners Subdivision RZ-13-010; PP -13-025 & MDA -13-017 PAGE 16 n EXHIBIT A B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 Rezone and Development Agreement Modification 1. l .1 The DA shall be signed by the property owner and returned to the City within two years of the City Council granting the approval. Signature of the DA is required prior to submitting any final plats or CZC's for review and approval. The applicant shall contact the City Attorney's office (898-5506) to initiate this process. The amended DA shall include the following modifications: • Section 4.1: Construction and development of 54 single family residential lots, 8 commercial lots and 6 common lots in the proposed C -C, R-8 and R-4 zoning districts pertinent to File # PP -13-025. • Section 5: Provision #1 — Replace all language including bullet points and add the following: The applicant shall comply with the submitted home elevations attached in Exhibit A.4. Add the following new DA provisions: • Future development of the commercial lots shall comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. • The applicant shall pay 50% of the sign cost (not to exceed $5000.00) for an entryway monument sign on the southwest corner of Chinden Boulevard and N. Locust Grove Road. 1.2 Preliminary Plat - Site Specific Conditions of Approval 1.2.1 The preliminary plat, dated 08/14/13, shall be revised as follows: a. Graphically depict the 35 -foot wide landscape buffer easement adjacent to the east side of N. Locust Grove Road and a 10 -foot wide landscape buffer easement adjacent to the north side of E. Three Corners Drive: b. Lots 21, 22, 24 and 25, Block 1 shall take access from a common drive. Common drives shall be designed in accordance with UDC 11 -6C -3D. An exhibit depicting the setbacks, building envelope an orientation of lots and structures shall be submitted a future final plat application. c. Public Works is not amenable to the proposed location of the water main along the south boundary of Lots 15-19, Block 2 and is requiring it to be rerouted through Common Lot 4, Block 2 and connect into the water main terminating in the W. Red Barn Court cul-de-sac. With the submittal of the final plat, the applicant must widen the portion of the common lot between Lots 14 and Lot 15, Block 2 and the portion abutting the west boundary of Lot 15, Block 2 from 20 feet to 30 feet to accommodate the water main installation. d. Place a note on the face of the final plat prohibiting direct lot access to Chinden Boulevard and Locust Grove Road. e. A cross-access!cross-parking easement/agreement shall be recorded for all commercial lots within the subdivision. All lots within the subdivision shall have access to the access points approved in this application. This agreement shall be recorded and a copy of said agreement submitted to the City prior to the City Engineer's signature on the final plat OR a note shall be added to the face of the final plat granting said cross -access. f. Prior to the City Engineer's signature on the final plat, all existing structures shall be removed. The existing barn may remain until the portion of the development containing the barn is final platted. Three Corners Subdivision RZ-13-010; PP -13-025 & MDA -13-017 PAGE 17 n EXHIBIT A g. Prior to City Engineer's signature on a final plat, the applicant shall: a. Obtain a license agreement from the irrigation district to develop the easement area on Lots 15-19, Block 2 and Lot 49, Block I with fencing and landscaping. b. If Karnes requires access across the buildable lots in the form of a gravel road and/or a portion of the property cannot be customized by the home owners, the applicant shall place the easement in a common area to be owned and maintained by the HOA. h. Prior to the Commission hearing, the applicant shall provide a dimensioned exhibit that demonstrates that the proposed stub street can be extended in the future and also provide the secondary access required by the Fire Department. 1.2.2 The landscape plan, dated 08/22/13 shall be revised as follows: A. Provide a minimum 35 -foot wide landscape buffer along Locust Grove Road and Chinden Boulevard. Provide a minimum 10 -foot wide landscape buffer along the north side of E. Three Corners Drive. All landscape materials shall be installed in accordance with UDC I I - 3B -7C, Landscape Street Buffers. b. Construct a 5 -foot wide detached sidewalk along N. Locust Grove Road in accord with UDC 11-3A-17. c. Construct a10 -foot wide multi -use pathway along W. Chinden Boulevard in accord with UDC 11 -3H -4C.4. d. All fencing shall be installed in accordance with UDC 11-3A-7. Per UDC 11-3A-7A7a, the applicant is responsible for fencing micropaths and pathway lots to distinguish the common areas from the private areas. Where the buildable lots abut internal common lots fencing must either be 4 -foot solid or 6 -foot open vision. e. Include a berm or a berm and wall combination in accord with the standards listed in UDC 11 -3H -4D for traffic noise abatement from Chinden Boulevard (SH 20/26). If a wall is proposed, include a detail of the wall. f. If the unimproved street right-of-way along Chinden Boulevard and N. Locust Grove Road is 10 feet or greater from the edge of pavement to edge of sidewalk or property line, and street widening project is not in the transportation authority's five year funded plan, the developer is required to maintain a 10 -foot wide compacted gravel shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover in accord with UDC 11 -3B -?C.5. g. Per UDC 11-311-10, the applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. h. The applicant shall comply with proposed open space and site amenities represented on the submitted landscape plan and install a sitting area within Lot 1, Block 2. Details of the covered picnic area proposed for Lot 4, Block 2, the sitting area in Lot 1, Block 2 and fencing shall be provided with a final plat application. L Landscape the center median in E. Three Corners Drive as proposed and enter into a license agreement with ACHD. �\ j. All pathway common lots and micropath lots shall be constructed in accord with the standards set forth in UDC 11-3A-8 and UDC 11-3B-12. Three Corers Subdivision RZ-13-010; PP -13-025 & MDA -13-017 PAGE 18 1.4 Ongoing Conditions of Approval 1.4.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.4.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11 -3G -3F1. 1.4.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (AZ -07-017, development agreement (Instrument No. 108022887) and amended development agreement. Staffs failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. Three Corners Subdivision RZ-13-010; PP -13-025 & MDA -13-017 PAGE 19 EXHIBIT A k. The pond proposed within Lot 4, Block 2 must comply with the standards set forth in UDC 11 -3G -30-3B.8. 1.2.3 Submit a public use easement to the Planning Division for the multi -use pathway adjacent to E. Chinden Boulevard prior to City's Engineers signature on the final plat. 1.2.4 The applicant shall pipe or otherwise cover all irrigation ditches, laterals or canals, intersecting, crossing or lying within the area being developed in accord with UDC 11 -3A -6A, unless left open as a water amenity or linear open space in accord with UDC 11 -3A -6A.2. 1.2.5 Comply with all ACED conditions of approval. 1.3 General Conditions of Approval 1.3.1 Comply with all bulk, use, and development standards of the C -C, R-4 and R-8 zoning districts listed in UDC 11-2B-3, UDC 11-2A-5 and UDC 11-2A-6. 1.3.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.3.3 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -3A - IS, UDC 11-313-6 and MCC 9-I-28. 1.3.4 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.3.5 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and I1-311-51 1.3.6 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.3.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11 -3B - n 7C. All street buffers with detached sidewalks shall be measured from back of curb. Where ACHD is anticipating future widening of the street, the width of the buffer shall be measured from the ultimate curb location as anticipated by ACHD. Detached sidewalks shall have an average minimum separation of greater than four feet (4') to back of curb. 1.3.8 Construct all parkways consistent with the standards as set forth in UDC 11 -3A -17E, I I -3G -3B5 and 11 -3B -7C. 1.3.9 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.3.10 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.4 Ongoing Conditions of Approval 1.4.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.4.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11 -3G -3F1. 1.4.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (AZ -07-017, development agreement (Instrument No. 108022887) and amended development agreement. Staffs failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. Three Corners Subdivision RZ-13-010; PP -13-025 & MDA -13-017 PAGE 19 n n EXHIBIT A 1.4.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.4.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.4.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.4.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.5 Process Conditions of Approval 1.5.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.5.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11 -SC -3B. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 1.5.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11 -6B -3C2. 1.5.4 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years or 2) gain approval of a time extension as set forth in UDC 11-6B-7. - 1.5.5 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B - 7B. 1.5.6 Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11 -3B -14A. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The applicant shall provide a looped water system to the main in Locust Grove, in the vicinity of the southwest corner of the development. The submitted plat shows an 8 -inch water main along the south boundary of Lots 15-19, Block 2. The water main shall be rerouted through Common Lot 4, Block 2 and connect into the water main terminating in the W. Red Baric Court cul-de-sac. This looped connection at Locust Grove shall be made north of the existing PRV in order to maintain the pressure zone. 2.1.2 The applicant shall provide a looped water system for any mains serving more than 25 lots. Specifically, the submitted plat shows an 8 -inch water main in E. Oak Garden Way and N. Hawk Creek Court that is serving over 25 lots. Public Works is not amenable to the proposed configuration and is requiring the dead end main be rerouted through Common Lot 20, Block 1 and connect into the water main serving Lots 4,5, 8 and 9, Block 1. 2.1.3 The water main in E. Three Corners Drive, E. Frog Pond Way, and S. Sweet Valley Drive shall be upsized to a 12 -inch diameter main. Three Comers Subdivision RZ-13-010; PP -13-025 & MDA -13-017 PAGE 20 n EXHIBIT A 2.2 General Conditions of Approval 2.2.1 The applicant shall install sanitary sewer and water mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. 2.2.2 Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 2.2.4 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.2.6 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-14 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.7 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.8 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.9 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.10 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.11 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.12 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Three Corners Subdivision RZ-13-010; PP -13-025 & MDA -13-017 PAGE 21 EXHIBIT A 2.2.14 Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes.is at least 1 -foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.2.24 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 3. POLICE DEPARTMENT 3.1 The Police Department has no concerns related to this application. 4. FIRE DEPARTMENT 4.1 One and two family dwellings not exceeding 3,600 square feet require a fire -flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the Three Corners Subdivision RZ-13-010; PP -13-025 & MDA -13-017 PAGE 22 EXHIBIT A International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 4.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 4.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4'/a" outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 %i" outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.4 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 4.5 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 4.6 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and have a clear driving surface of 20' in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 4.7 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.8 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 1316 as set forth in International Fire Code Section 503.2.1. 4.9 Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.10 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project which serves more than 50 homes, as set forth in International Fire Code Section D107.1. The two entrances should be separated by no less than %: the diagonal measurement of the full development as set forth in International Fire Code Section D104.3. The applicant shall provide a stub street to the property to the south. 4.11 Building setbacks shall be per the International Building Code for one and two story construction. 4.12 The roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface. Streets less than 26' in width shall have no on -street parking; streets less than 32' in width shall have parking only on one side. These measurements shall be based on the drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of Three Corners Subdivision RZ-13-010; PP -13-025 & MDA -13-017 PAGE 23 n EXHIBIT A 13' 6". The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments related to this application. 6. PARKS DEPARTMENT 6.1 At such time that the multi -use pathway connects from one major street to another and is greater than one-half mile long, the applicant may petition the City to assume maintenance responsibilities. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Comply with requirements of ITD and City of Meridian for the Chinden Boulevard -'US 20/26 Blvd frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 7.1.2 Construct a 5 -foot wide detached concrete sidewalk located a minimum of 30 -feet from the centerline of Locust Grove Road abutting the site. Provide a permanent right-of-way easement if public sidewalks are placed located outside of the dedicated right-of-way. 7.1.3 Bring the first 320 -feet of Three Corners Drive up to ACHD standards and abide by District policies. 7.1.4 Provide testing to prove the design and construction of the first 320 -feet of Three Corners Drive meets all current ACHD standards, and correct any deficiencies in the design and construction of the road, up to and including rebuilding the road if necessary, prior to acceptance as a public street. 7.1.5 The first 320 -feet of Three Corners Drive shall meet ACHD standards prior to signature on the fust final plat. 7.1.6 Release the existing access easement for Foundations Academy to allow the right-of-way for Three Corners Drive to be dedicated unencumbered and free of all liens. 7.1.7 Dedicate the existing 12 -foot wide center landscape island as right-of-way owned by ACRD. The applicant or the home owners association should inter into a license agreement with the District for the landscaping signage placed in the median. 7.1.8 Extend Three Corners Drive into the site as a 50 -foot street section with two 20.6 -foot travel lanes, a 9 -foot wide center landscape island, vertical curb, gutter, a 6 -foot wide planter strip, and 5 -foot wide detached sidewalks within 74 -feet of right-of-way, tapering to a 36 -foot street section with rolled curb, gutter, and a 5 -foot wide attached concrete sidewalk within 50 -feet of right-of- way, as proposed. 7.1.9 Dedicate the proposed 9 -foot wide center landscape island as right-of-way owned by ACHD. The applicant or the home owners association should inter into a license agreement with the District for the landscaping signage placed in the median. 7.1.10 For the portion of Three Corners Drive with detached sidewalks, the applicant shall extend the dedicated right-of-way 2 -feet behind the back of curb, and provide a permanent right-of-way easement for the proposed 5 -foot wide detached sidewalk. 7.1.11 Construct all of the internal streets as 36 -foot street sections with rolled curb, gutter, and a 5 -foot �1 wide attached concrete sidewalk within 50 -feet of right-of-way, as proposed. Three Corners Subdivision RZ-13-010; PP -13-025 & MDA -13-017 PAGE 24 EXHIBIT A 7.l .12 Construct the terminus of Red Barn Court and Hawk Creek with standard cul-de-sac, turnarounds with a minimum 45 -foot radius. 7.1.13 Construct the terminus of Hawk Creek as a standard cul-de-sac turnaround with a minimum radius of 45 -feet, or redesign the hammer head turnaround to provide a minimum 26 foot inside curb radius and 15 foot outside curb radius. 7.1.14 Construct one stub street to the south, Sweet Valley Drive, located 180 -feet west of the east property line, as proposed. Install a sign at the terminus of the stub street stating that "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7.1.15 Payment of impacts fees are due prior to issuance of a building permit. 7.1.16 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way. 7.2.2 Private sewer or water systems are prohibited from being located within the ACHD right- of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The @pplicant's enenuineer should rovide documentation of ADA comWipAce to District Development Ryview staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an Three Corners Subdivision RZ-13-010; PP -13-025 & MDA -13-017 PAGE 25 n /1 MQ EXHIBIT A authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACRD. 7.12 If the site plan or use should change in the future, ACRD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACRD Commission. Three Corners Subdivision RZ-13-410; PP -13-025 & MDA -13-017 PAGE 26 EXHIBIT A C. Legal Description & Exhibit Map for Rezone Sawtooth Land 5urve)n", LLC Pr t2►?g) 398-b 104 r: (2w)-398-6105 101 Canal `_'it., Emmett, ID 83G 1 August 21, 2013 Three Corners Zone CC Legal A parcel of land located in the NW1/4 of the NW1/4 of Section 29, T. 4 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows; BEGINNING at a found brass cap marking the northwest corner of said Section 20; Thence South 8902641" East, coincident with the north line of said NW1/4 of the NW1/4 of Section 29, a distance of 1036.58 feet; Thence South 0°3424" West, parallel with the east line of said NW114 of the NW11/4 of Section 29, a distance of 405.05 feet; Thence North 89025'38" West, 340.00 feel; Thence South 0°3424° West, parallel with said east line of said NW1/4 of the NW114 of Section 29, a distance of 178.54 feet; Thence North 69"22'38" West, 187,14 feet; Thence South 89059'56" West, 509.98 feet to said west line of the NW114 of the NW1/4 of Section 29; Thence North 0037`24" East, parallel with said west line of the NW1/4 of the NW114 of Section 29, a distance of 588.21 feet to the POINT OF BEGINNING. The above described parcel contains 12.52 acres more or less. Together with and subject to covenants, a g W—OKrestr'lction of record. End Description P -12013113048 -RUCK S0LID-THREE CORNERS SUBSDMWII`slbescripGoWZONE CC.docx P.1+JL li Three Corners Subdivision RZ-13-010; PP -13-025 & MDA -13-017 PAGE 27 EXHIBIT A Sawtooth Land Surve)nno, LLC F. (2138) 398-8104 I's (208) 396_8105 10 1 Canal 5t., fmmatt, 10 63617 August 21, 2013 Three Corners Zone R-4 Legal A parcel of land located in the NW1/4 of the NW1/4 of Section 29, T. 4 N., R.1 E., B.M., City of Meridian. Ada County, Idaho, more particularly described as follows; COMMENCING at a found brass cap marking the northwest corner of said Section 29; Thence South 8902641" East, coincident with the north One of said NW114 of the NW1/4 of Section 29, a distance of 35.00 feet; Thence South 0°37'24" West, parallel with the west line of said NW114 of the NW114 of Section 29, a distance of 40.00 feet; Thence South 89°2641" East, parallel with said north tine of the NWI/4 of the NW114 of Section 29, a distance of 1291.61 feet; Thence South 0°34'24" West, coincident with said east line of said NW114 of the NW114 of Section 29, a distance of 365.14 feet to the POINT OF BE 31NNING: Thence continuing South 0°3424" West, coincident with said east One of the NWi/4 of the NW1/4 of Section 29, a distance of 919.46 feet to the southeast comer of said NW1/4 of the NW1/4 of Section 29; Thence North 6903615" West, 817.79 feet; Thence North 0°3724" East, parallel with said west line of the NW1/4 of the WW1/4 of Section 29, a distance of 743.62; Thence South 89022'36" East, 187.14 feet; Thence North 0°3424" East, parallel with said east One of the NW114 of the NW114 of Section 29, a distance of 178.54 feet; Thence South 89125'36" East, 630.00 feet to the POINT OF BEGINNING. P;12013113048 -ROCK SOLID -THREE CORNERS SUB%Drsw(ngs1Dewrlplionz%ZONE R4.docx Pager 11 Three Corners Subdivision RZ-13-010; PP -13-025 & MDA -13-017 PAGE 28 n EXHIBIT A The above described parcel contains 16.61 acres more or less. Together with and subject to covenants, easements and restriction of record. Three Corners Subdivision RZ-13-010; PP -13-025 & MDA -13-017 PAGE 29 n EXHIBIT A Sawtooth Land Surveying, LLC r. 1208) 396 •Pr I Wi r: 1Z08) 393 •a 165 10 1 canal 5t-., Enimott. ID 83 6,1"7 August 21, 2013 Three Corners Zone R-8 Legal A parcel of land located in the NW1/4 of the NW114 of Section 29, T. 4 N., R.1 E., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows; COMMENCING at a found brass cap marking the northwest corner of said Section 29; Thence South 89°2641" East, coincident with the north line of said NW114 of the NW114 of Section 29, a distance of 1036.58 feet to the POINT OF BEGINNING; Thence continuing South 89°2641" East, coincident with said north line of the NW1/4 of the NW1/4 of Section 29, a distance of 290.00 feet to the east line of said NWi/4 of the NW114 of Section 29; Thence South 0°34'24" West, coincident with said east line of the NW1/4 of the NW1/4 of Section 29, a distance of 405.14 feet; Thence North 8(°25'36" West, 290.00 feet; Thence North 0°34'24° East, parallel with said east line of the NW1/4 of the NW114 of Section 29, a distance of 405.05 feet to the POINT OF BEGINNING. The above described parcel contains 2.70 acres more or less, Together with and subject to covenants, easements and restriction of record. P.%2013113049 -ROCK SOLID -THREE CORNERS SU81Urawings%DesoriPUons%ZONE R-O.Mox PL)pa 11 Three Comers Subdivision RZ-13-010; PP -13-025 & MDA -13-017 PAGE 30 200 EXHIBIT A THREE CORNERS SUBDIVISION NO. 2 "C: C ZONE, APAISQFLWLOQMNWXF114�W�WMNNt/4UMN84 LAN., Rte, M 07' W J , ADA MM, MW Bats T of BEMNG S x� — — — TF � Id 6 C -C ZONE N t #ima 5'w' s N A ern w 157.14' N 0100 200 400 ROCK SOLID CIVIL MMM Civil Ewineerina and Land Development Consuitirq SCALE IN FEET 181 East 50th Street, Garden City, ro 93714 1" 200' office Phone. 208.342.3277 Three Corners Subdivision RZ-13-010; PP -13025 & MDA -13-017 PAGE 31 n EXHIBIT A THREE CORNERS SUBDIVISION NO. 2 "R--4 ZONE" S a3 W41' E A PAM W ISN® LWAM JW W NF 114 W 0f M 1MI 1/4 MW 84 s oo' t.ID►, Rig, M l � , AN GMT, mid N( S00'Izew talX13 S 40.00' 1� w g 75'38' a a3aao' OF BE(iMma N � S x9'42'36' F 1 7.14' i i 1 � is _ R-4 N ZONE I A* 200 0 100 200 40o ROCK SOLID CIVJL NOMMEMOMW CIA Engineorirp and Land DO WOPrnent Consulting SCALE IN FEET xai East 50th street, Garden City, 1D 83714 1 ++ = 200' Office Phone: 208.342.3277 www.rodcsolIdcMLcom Three Corners Subdivision RZ-13-010; PP -13-025 & MDA -13.017 PAGE 32 /#"*IN EXHIBIT A THREE CORNERS SUBDIVISION NO. Z "R-8 ZONE' A PALL OF LUM LOMM M fffls N1r 14 OP or fjo NN 1/4 MM ,8g N013 W GOR. _,;ze9 W E1 MM T S29 -- _ .�— 7—[&XWA" L.21=1 POINT OF i a R—g i MLZONE ST F mj� A* 200 0 100 zoo 40o ROCK SOLID C I VI L Wall Gvll Enginwirp and land Davelopnmt Consulting SCALE IN FEET 181 East SM Street, Garden City, ID 83714 1 0 200' Office Phone: 208.342.3277 www.rockzolldclvll.com Three Comers Subdivision RZ-13-010; PP -13-025 8r. MDA -13-017 PAGE 33 EXHIBIT A D. Required Findings from Unified Development Code 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The applicant is proposing to rezone 31.73 acres of land from the C -C, R-8 and R-2 zoning districts to the C -C, R-8 and R-4 zoning districts. The Council finds that the proposed map amendment is generally consistent with the MU -C FLUM designation for this property. Therefore, the Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the proposed map amendment to the C -C, R-8 and R-4 zoning districts is consistent with the purpose statements for commercial and residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. The Council considered all oral or written testimony provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The rezone b in the best of interest of the City (UDC 11 -5B -3.E). The Council finds rezoning this property with the C -C, R-8 and R4 zoning districts is in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service Three Corners Subdivision RZ-13-010; PP -13-025 & MDA -13-017 PAGE 34 n 11� EXH BIT A providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; The Council relied on the comments provided from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and, The Commission is not aware of any health, safety, or environmental problems associated with the platting of this property that should be brought to the Council's attention. ACHD and rM consider road safety issues in their analysis. The Council considered all public testimony presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which the Commission and Staff are unaware. L The development preserves significant natural, scenic or historic features. The Council finds there are no significant natural, scenic or historic features that will be lost with development of the site. Three Corners Subdivision RZ-13-010; PP -13-025 & MDA -13-017 PAGE 35 Meridian City Council Meeting DATE: January 14, 2014 ITEM NUMBER: 4C PROJECT NUMBER: RZ 13-011 ITEM TITLE: CRIMSON MAPLE Development Agreement for Approval: RZ 13-011 Crimson Maple by Crimson Maple Townhomes, LLC Located on the East Side of NW 4th Street, North of W. Maple Avenue Request: Rezone 1.59 Acres from the R-8 (Medium -Density Residential) Zoning District to the R-15 Zoning District (Medium High -Density Residential) MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 10-04\ ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 43 BOISE IDAHO 01116114 03:39 PM DEPUTY Lisa Ball III IIIIIIiI�l�ll'IIII'ill'I�I�III„II RECORDED -REQUEST OF Meridian CIV 114004224 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Crimson Maple Townbomes, LLC, Ow.ner/DeVolopcor THIS DEVELOPMENT A :EVE P1ENTAGREEMENT (thisAgreemenE}, is.made artd.entered"into this._ day of 20 State of Idaho, he e; called CITY, attd Crimson Maple Townhames,.I�tC, ose address is 8312 W. "Noithvip.w Street, S . uite #Ilb, 1301s -113 93704, hereinafter . nafter ..e called OWNER/DEVELOPER. i. RCCITA,IS: 1.1 WHEREAS, W f ......, OwnerMoveloper is the sole owner, ..law and/or eq certain. tract:of land in the County of Ada, State of Idaho, described in Exhibit 5'A"for ,.each owner, which is attached hereto and b Q y this reference incorporated herein as if set forth in full, herein after referred to as the Property-, and 1.2 WHEREAS. Idaho Code § 67-6511A provides, that cities may, by ordinance., require or permit as a condition of re -zoning. that the OwneriDeveloper make a written: commitment concerning the use or development of the. subject Proporty; and 1.3 WHEREAS, ityb, exercised its stit1toryauth6tity bytheenactmontof Section 11-5t.3 of the, Vii ried Developgient Code. CUM"), wid0i authorizes development agreements upon the -annexation and/or re -zoning of land; and. 1.4 WHEREAS, OwnerlDeveloper has submitted an application for annexation and re -zoning of the Property described in Exhibit "N', requesting a. designation R:15(Mediurph DensiyResidential District) under the UDC and generally describing how the Property will be developed and what improvements; Wil I he made; and 1.5 WHEREAS, Owner/Developer made representations ubll' it the O c heanagA both b6.fo- ' to themeridiin Pjahning:.& Zoning Commission and before the Merl ian .d City.Council, as .to howtho- subject Property Will be devolcipoel and what improvements will be 'in4de..i and DEVELOPMENT AGRM&ENT —CRIMSON MAPLE k&13-011 PAGE I -OF 9 /0_"1111 1.6 WHEREAS, the record of the proceedings for the requested. annexation and zoning designation of the subject Property held before the.Planning & Zoning Commission, and subsequently - before the'City Council, include responses of.Rovernmentsubdivisions providin&servicts within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 3rd. day of December, 2013, the Meridian City Council approved certain Findings of Fact and Conclbsions of Law and Decision and Order (''Findings"), which have been incorporated into this Agreement-, and 1.8 WHEREAS. the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on annexation. and zoning designation; and 1:9 WHEREAS, Own eveloner deem it to 4eln their- best interest to be . . or/131 . - I able to enter. into this Agreement and acknowledges that this Agreement was. entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Owj or/DoveloPer to cater into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property. is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the ptocdedings for zoning designation .from government subdivisions providing services vithin: the .. planning .juri'sdictionandfromoffectpdp-rop-eit - y owners and to ensure. ro- toning desIghatt100 ts in accordance h .6e amended Conprensive Planof the'City of Meridian on April 19.101.1, Resolution -No. 11-.784. - .184. and.the Zoning and Dovelopment.0rdinances codified in Meridian Unified Development Codo, Title 11. MW,THEREIFORE, in consideration of rhe covenants. and, conditions: set forth herein,. the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are Inicorpoiated herein its if . get fbith in full. 1. 3. D9 ION8: For: all purposes of this Agreement the following w6rds, terms, and phrases herein contained in this section shall be defined -and interpreted as herein provided �116r, unless the cloae.c.ontftt of the presentation of the sametequirbsothaMse.: :DEVELOPMENT AGREEMENT - CRIMSON MAPLE RZ-13-011 PAGE 2 OF;9 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and subdivision ...pat governments... division of the state of Idaho, organized And existing by virtue of lqw of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian., Idaho 8.36421. 3.2 OWNER/DEVELOPER,. means and refers to Crimson Maple Townhomcs, LLC, whose address is8312 W. Northview Street, Suite #120, Boise, Idaho 83713, the patty that owns and is developing said Property and shall include Any subsequent owner(s) or developer(s) of the, Property. 3.3 PROPERTY: means and refers to that: certain parcel(s) of Property located in - the County oFAda, City of Meridian as described in Exhibit "N' describing the parcels to be re -zoned R-15 (Medium -High ]Density residential District) attacked hereto and by this incorporated *n corporated herein as if set forth at length: 4.4 USES PERMITTED BY -THIS AGREEMENT: This Agreement s allvestthe .right to develop the Pipperty in. accordance With the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement am only those uses allowed finder City's- Zoning Ordihaii&eddifiedatMdiidiaiiUnified Development :Code: 4.2 No. change in the uses specifiedin this Agreement shall be allowed lowed without modification of this Agreement. -CONDITIONS, GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5-1. Owner/Developer shall develop the Property in accordance With the following sppelal qqndi.tipps: A. Development of this siteshall substantially pjywJt-- comply with h - 0 turd building. elevations, attached [wartu as Ekliffilt C. B. A`maxinium of 12 residential units and a management office shall be constructed :On the site. DEVELOPMENT AGREEMENT - CRIMSON MAPLE RZ-13-0.11 PAGE 3 OF:9 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the anpexati.on.and zoning or it is. null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION; 7.1 Acts of Default lathe ev'e*nt,0wfi&/Devclop"* or 0wrier's/Developer's helm, successors., assigns, or subsequent owners of the Property or any other person acqrjirin . ga . n interest Inthe Property, fail to faithf6ilycomply withal! of the terms and conditions included in 'thi's Agreement in. connection With the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 72 Notice and Cure Vel Period. In the event of 0 . wner/ . Developer's default of this Agreement, Owner/Developer shall have thirty (304ays from receipt of written -notice from City to initiate commencement of notion to correct the breach and cure the- default, which action must. be p.Msecut.ed with 1111"N diligence and completed within o e. hundred eighty (1.$0) days; provided howeveri that in the case of any such default that cannot with.diligencobe cured within such one hundred eighty (180) day period, then the time allowed to cute such failure maybe extended forguch period as may be necessary to complete the curing of the same with :diligence . and continuity. 73 lkke nedleS. in the event of default by Owner/Developer. that Is not.curej -after notice. as. described :in. Section 7.2 Owner/Developer'hallb deemed P to have -consented.to 'modffication o . f this Agreement and do -annexation a he .ndreversaloft zoning designations described herein, solely agains(the offending portion of Property and upon City's compliance with all applicabi . laws, ordinances -and rules, including any!�ppli applicable * .0 * _. . .... .. rules, :.. icable. provisions of Idaho Code. §§ 07-6.509 and 67-6511... Ownef/Developerreserves all. rights .to contest whether a default has occurred. This Agreement shall be onfoitcablo In the Fourth, Judicial District Court in Ada County by either City .or:0W ner/DeWooer, or by ainy'sudc6s6or or successors 'intitle, or by the assigns of the parties hereto. Enfotcemetit may be, sought 'by 01 appropriate action at law brifi-eqUity to 90006--thd specific performance.of thecovenants, agreements, conditions, and 'obligations contained herejo. 7.4 Delay: In the event the performance of:any covenant 'to * be performed berounder.by ekher.OW#qr/V.eVe1.9pqr of City is delayed. forcau-satha . t are beyond the reasonable 'control of the patty rei;.ponsib e for such ,DEVELOPMENT AGREEMENT -CRIMSON MAPLE RZ,-.13-01.1. PAVjE 4 OF 9 performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes; the time for such -perf6rinance shall be extended by the amount of time of such delay. 7.5 Waiver, A waiver by.C.ity of anydefault by Owner0eveipper of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subscq*ucnt &fdult of any such or other covenants and conditions. 4. INSPECTION:. Owner/Developer shall, immediately. - upon. completion of arty Portion or the entirety of said -development of the Property as required by this Agreement or by City ordinance or policy, notify the ty e CEngineer and request the City Enginm's . inspections and written iApproval -of such completed improvements or portion thereof in accordance with the teons and conditions of this Agreement and all other ordinances of the City that apply to said Property: 9: REQUIREMENT FOR RECORDATION. City shall. record either a memorandum of this Agreement or this Agreement, includingI b d al of the.Exhi its, an, submit proof of.such recording to Owner/Developer, prior to the thirdreading of the Meridian Zoning .9p Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council failsto adopt the ordinance in connection with the annexation and zoning of the Property contomp. fated hereby, the.City shall 'execute -and mcord an appropriate. instrument Of release of this Agreement. 10. ZONING: City shall, following recordation of the.duly approved Agreement, enact a valid and binding ordinance zoning th e Property agspecified .herdin. 11. SURETY OF -PERFORMANCE: The City may also require surety bonds, irrevocable lettersofcredit, cashdeposits, certified check or negotiable bonds, as allowed under Meridian City Codeto insure that installation of the improvements, which the Owner/Developer agrees to provide, if required by the. City. I:. CERTIFICATE. OF OCCUPAN.CYt No Certificates of -Occupancy shall. The issued in any phase in which the -improvements have not been installed, -completed, 4ndaccepted by the City. 13. ABIDE.BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all -ordinances of the City of Meridian iwd'thdPr6pdrty shallbe subject to de -annexation if the owner o . r his asssigns, heirs, or successors shall not meet the.0ndition's,contaihed in the Fifidil%s .of Fact and Conclusions of Law, this. bevelopmeilt, Agreement, -and the Ordinances othe City of Meridian, 14. NOTICES: Any notice desired by thepartids and/or reatiked b' this Agreement shall he.d6e#*l delivered if and when persftAly del iycred. (it three (1) days after deposit In the DEVELOPMENT -AGREEMENT -- CRIMSON.MAPLE RZ-1 3-011 PAGE.5 OF9 11� United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as. follows: CITY: City Clerk City of Meridian . 33 E. Broadway Ave. Meridian, ID.83642 with copy to: City Attorney cityof. Meridian 33 E... ..Broadwfty Avenue Meddianj ID 83642 OWNER/DEVELOPER: Crimson Maple Townhomes, LLC 8312 W. N6rthvldx# Street, Suite #120 Boise, Idaho 0704 14.1 A party shall have the right to change its address by delivering to the other ther part �y a Written. notification thereof in hccordAnee with the requirements of this section. 15. ATTORNEY FEES-. Should any litigation be commenced between the parties hereto Concerning this Agreement, 't , the prevailing party shall be entitled., in "addition to any other relief as may be granted, to court cos s:and ftsonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the. parties and shalt survive any default, termination or.forfeiture of this Agreement. 1.6.. TIME IS. OF THE ESSENCE: The parties hereto acknowledge :and . agree that p .time is. .strictly of the essence with respect Lto.ea.&.h.an.d!eve.ry.t4�M,.ipq iPion.and.vrovision hereof, and. that the failure, to timely perform any of the. bligations hereunder shall constitute abreach of and a4efault under this. Agreement by the other party so -failing toperform: 17. BINDING UPON SUC.CiESSORSs This Agreement shall be*binding upon and inure'to the befterit of the parties' t6p6ctive heirs; successors, assigns and personal representatives, including City's .corporate authorities and -their successors -ifi:offict. This Agrembeint shall lie ontho Own6dD6volop6k.6fthe Property, each subsequent owner and any other person acquiring an interest tri the Property. Nothing hereinn i -all in any way prevent said or dienati on of theProperty, ceportions thereof, except that I or be, alienation avany sae, .Subject 16 the provisions hereof And any successor owner or -owners shall be- both benefited 94d bound by the. -000d itions.and restrictions herein expressed: Ci grees upon written request tof Owner/Developer, to execute appropriate and. ippq -term Bat on of this e. evidence of. _. .1. .Agreowntif Q(yiln its sole-andreasonablediscpWion; had.determined that Owner/Deveipper bas fullyperformed -its obligations under this Agreement DEVELOPMENT AGREEMENT -CRIMSON-MAPLERZ-13-011 PAGE 6 OF.9 1.8. INVALED PROVISION: if any provision of this. Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect d provisions contained herein, o See to other prow 19- DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement, 20. FINAL AGREEMENT: This Agreement sets forth all promises, -.inducements., agreements, condition and-understandmi* gs between Oiphi&DeVeloper and City relative to the subject matter hereof, and there are, no promises, agreements, conditions or understanding, either oral or written at I 'ed between written, pi Oen Owner/Develciper-and City, other than as are stated heiloin. Except as herein otherwise provided,.no subsequent alteration,d .change or am - en ment addition to:this Agreoment shall be bindinguponthe.partleshe hereto le8sreducedtow.niti re n ng and signed by them or their successors in intorestor their assigns, and pursuant, with respect to city, to a duty adopted ordinance or resolution of City. 20.1 No condition governing the uses and/or conditions Roveming re-zonmg of the subject Property herein. provided for can be modified or amended without -the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the meridia'n City Council Shall adopt the amendment to the.Me ieridian Zoning Ordinance in connection with the annexation and zoning of th6RWerty.aw execution ofthe M.4yoraad City .. i DEVELOPMENT AGREEMENT - CRIMSON MAPLE RZ-13-011 PAGE 70F9 ll� ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement -and made It effective as herei nahave provided. OWNERADEVELOPERt CRIMSON"MAPLE TOWNHWES, LLC CITY OF de Weerd ATTEST: DEVELOPMENT AGREEMENT - CRIMSON MAPLE R7,43-011 ..PAGES OF 9 �Q STATE OF IDAHO, ss County of Ada, On this day -Of JaLMajM_ Arbhf, pre me, the undersigned, a Notary Public in and for said State, personally appeared f I 1.tQQA1'1&A2A— -knownor identified to me to the Dw yxcv,' of Crimson Maple Townhomes, LLC who isigned above and uckhowledged to that -he executed the same on behalf of said Corporat . i . on. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official scat the day and year in this certificate first abovc, written.. A (SEAL) +01ANk Notary.ftbli-C1 .1d h Rosi . di.n &.4 . t- 4(a)n... My . Commission Expires,. STATE OF IDAHO. ) SS County of Ad a On 61 day of_Tafi.ttL�q 20 before me, a Notary Public, personally y app red Taininy d hkyoax Ca c Wetrd and ma �n_ know or idcittiFiul to me to be the Mayor and Clerk, tespeetivelyof the City hoexecuted the instrument of behalf of sadity, and ack Q*Iedged.totn that such City ex n e ec.u ted the same. IN WITNESS WHEREOF, Ihave hereunto set my hand.a.n.d affixed my official seal the day and year in certificate first above written. -(SEAL.) L NotaryPublic ftr IM0 Residing ; . ta a., :Commission expires, ef DEVELOPMENT AGREEMENT - CRIMSON M"LE RZ-13-0.1 1. PAGE 9 OF.9 11� EXHIBIT W JA HowwaW Consufflug Enginoom; PiroporlyVescripillm A parcel or land shunted In the Northeast quarter of the No -Owl Quarter al'Sedion 12jOWOsbjp.4 North. Range I Iftst Polio Moddlen. Ada.Colunty. Idilio.-Mom particularly descrIbed as. follows: 'CommoricIng at the Northeast comer of said Northeast Quarter of the Northeast Quarlm 11wift South 0" 21W Ea'al 4.10 *jh6 East Wbounderyolso NorlhisslQuader kI of the Northeast 4tuarlor a dblanco.of W.06 fed (formerly South *so foot ol[rodoed) 6.1he Northeastbometo(WaYs 000MAddiflo6o wft plat b 66roe k Boot ;I a Plato 01 Page 094 Rep orosi Ads County, lckhw. thenoe South W400' Wait (forroody N66 89 1.16016DOV".4ree4rd) Alonylhdi boundoo'116a Common.1o. said MdWs:PobOhO.AOdI". Moon MAW. %hM plot Is a at ntft. �bodk. 2 to P 706, and V*Iern -poodlylsion, wbich-p.M.19 0 10m In book 24 of Plato and P"" 1470*arW'14g' true feet 10-Iihotrue pdlnt of beolroft: vj ldoh%.i distance of 840.00 Thence South 0'20'30r Esid (fomly Sq R 9 M WbsWn 8 . on, a . . now, f I %d*W * dial 6 @@W Western Subdivision, thence SatiM of (00id) plow a Ortherly boundary of I fig (formOly 431-06 East Of'remid) to a 5m 0 moat h6rlhdt� b the true Point Of Sold parc)61 contains I Ag acres more or [as. w .. . IWY bba d f .09 . R aryo a n Nodh boundary of r I..v Nath WAO'Dirwast on 6 d4W-M.6f.437*.'2 d Waal Fnudh BkW a dL%W"r,& of O"'OfflMlyboundo 01"W - ' )a North 04845°.;9I Parallel h m distinceof 114.W foal 1pra ron4d We* s'iern SubdMalon: theme of tam d) MWV " ajclended slon.'s dit"Oe of 600.16 feet to 6983m.aAwk, Ste, 0, Sol$* ipw*'060.04"937, PAX (200) 046-0822 .-Cri"ISOJI M*IO-R7'13-011. mcatforkezo Zon 11ij.01.3i;.kt. In tE�e Metter of .tlic q "co 1.59 Acres protothe -15 1 AND Conditional Use peh6it r6r tmulfl-'Wnlly Development Consistingdri.oIvo.t.-llx'.ei.ldd.aiiA]Units, Located on StO W. M. r1os * ' p * '11''" LLC the 00 OfNW 41 it; Nord of Maple Aveni* 4Y C Ma je Tow Omes on Case.N CUP.M.011 For 0 e December, .,....tyc fid Nbv inbet- 0, Z013 be Findi. . . . - 3 2013) ...998.0n ... 10110.. F A;. fln..dings of Fact 1. :Hearing Pa6t.s (see attached sta(Moport for the hearing ditte. November vem Wr' f9, 201.3; i n. WrDorited NOOSsPac(�ee :attached. Staff. Report for the bpgring:Oato of Novo be 10,100,:incqrorated ,'.by reference) 3 A0.01 i0ation.and Propoft.Facts (sce.attadied Staff Report fQr*thNovember*e hdari�g date of Novoor 19, r Attd byidctdOe po . A.. R040,1rpd-Pipd'mg per.. h. .-0 ified .Development: Cddo (Ow attached StaffReport for the heaHlik date vfNovember 19,1013,incorporated by reference). C.01t, Ousiolls aw I.. A Upon 0y..(he4,.L6ca'ILAndWc Planning Acf.bf 1975.1' codifi6d at Cuptor 65, Title 6:7; I:da 6' COd(I C. 67;.453 2. TheMeddJahOtyCoundiltakes Judipiallhotwo of. Unified. 0eVO k ift'Code 6Wifled at Title I 1 tviertdiawCity Gode, and ail current imiffig oap� ( jereofTht C 0 & M orld 1an has, :by -.Or shao, h Me ftl d mesta IMM.4bel.r.— Area hdOdC h 6 City6f pact 13 O.MPM. M"WIP P I Meridian, Whl I$Autib]i 146. 4. Maps. ClJ WO I The'conditions MIAlFbe reviekvable,by The.CiYtmAcil burk ht t'Meridian Xit C de-§ 11 -5A. 4. DuovojW&ratJ6p.Wsbe6h. giyen -.(Otbopo m* on. e.coiv 'fronithe inchtd]. m r vd.. -pla- ngjiM9di6t1O:` subdivisions rvislo proqig services , _nAI%d*:City jft ..y.OfM It is nWpu:WJ. A&Iliti Ahl-so iNstequlred bYthe prqp s00,development will not impose 7. Tjjat Vlls* ON t 0rPPFQYR is ... 90.6 tolhKondhiopof Approval all, InI110.0ttached.Siaff Report,for the heating4aw o N f ovelp. ier 19, 2813, incorporated' .,by keforeitco. The conditions are concluded :to bereasonable 7and the ap licantsha1.1-I ed.sudl requirements as goofldifio .o f approvaI th e. .c. bee; .... . . . pipwond Pursuant to t�ie;.City Council's authority as, . . . . .. pro ..ded ill Meridian c it:Cade . 11=A andbase d 1 140 40vo rind foregoing ISM d-ings-OF46t which h pro croladoptrc, it ts.crcbypWcrcdAM. 1... Tlie applicant's tetluest t'- dl� i Or the coriditiorr:on* ppxajqn . :an minary q offilipi-6val i�i6i�n� ge' 04 toi-flid-16m- hg- date of November 19, 20 atTacfted.us Exhibit A. -1). o Notice - of Apel joble- Tinie Limits Noticbo.fTwi)(2)'Year e6iidlt"b aj'()s0-permit Outation ploaso take 1106,00 that ihe,conidit otial-tisc..popph Im valid.for it maxhutilmi pe two piod. of (2)years xint6o.otherwise approved by the City. Eltiringthis tirne* *tile apOjic4nt shall cohnine ih I c lim e use as-Wroka p pip ord - W1 tI coriditiQns. of pproval, satisfy the :sei fboh) 1vt *,.0jv4..itiQ#8,f - i I , pprpvo)an-d it...c-quir4b*bkiii.diligpo"lt6-alI comnl-r,-ii6.econstru.ctiOilofPr/r�3itknblltrlpQ gs. m . construction 00 or 16 the ground. For q.r.s ruc, res.on conditional use permits plat rnos "b t e.slgnpd by the City fingineer within this twn (2)'year, petiod.. u .Pon wMe4retlifestand filed bytilea-001i '46 the t embitti6li of tile. d pqto inaccoM with la. 5 6:G 1, tl>e- Dtteatpi may authorize .11SO hot.1p, 0 d bne.(l)-t-wo year poriod,AdditiOnal tithe6xt*6hMoM0.to_two' years determined (2). .pprovod.yt - 0(yCoftnuNt ba* t-th Ale. py. p�gr.ned...�W.id [606o$jo 0 _MW617 n o y Council may re ic clo-nditio' I current re r quire.th' pse..cpqjp.V*W Qc 1 ntproVigionsof Nlerdian City Code Title *1 -l' c NOtied of Twp (2) War-Devel QpmcntAgrvpjij. ThOyelopfiiO.it agreement shallbe giinedthb, rp pe ey ownor and ivturdpo -to (4e City it11A two f the Pity Cottncrl`,gl4fiting40 04tlexatiolvAn ...or r0oile A:modl. c. b ation.,to4lie dev.6.1.6pM04t Agreeill t be:_initiated t u 6 th agreement b All parties en .-Te 0 mjt prjor. 0 signature [or maybe requested to exte+id the trate allowed -6 die, romont r -ag to Ci if A eqd of ille, two I -period Yq, r ...Ppmya etion acid -gig'14jo Regulatory -F., Notice offilln[A qgq L Thp.Ao.ofkani is. A . j.evby. n ot! : ... .irsuattt:to Idaho : Coo :67-8Q03 denia l ofa develop* ent application OAK k� the ry to C9u0$t must be ill ell),&810mystbe fitedw. nocmore' than;.t ght:(28) days lifter the final Aft0i-ion concerning th fittdt' Osgie, A re 'fi ul 'to takings 1611.the.tithe -period within 1pjli _000I.J. forJudiclailleview tnay;be filed. Cl OF MFRlDlAN.f.jN 'USIONS PF PINPS OF FACT? M.NCL. Or A _p R ND CISION & r RD PAS 1Z-13-6 =• 2. 2: pigase. take notice that this is a final actiott.of the governing body of the City of Meridian. . When applii`able Fid pursuant to.Idalw°Code.§ 67-652I,.;ny:atected person betng.R person wlto has: Rn interest A :tial properly which tnay .be adversely afkded by the; final, action. 13 the gayerniag board may.n twenty-eight •(29) days aftet the;date of this decision end :order seek a judicial review as provided by Chapter 52, Tttle 67, Idaho Code: P. Attaclied•, S�t� Report for the honrins date .ofNovembcr 1 9: 2013 EXHIBIT A � IOWT A Id. Sidi labliviann Uggimm Odom Ift PROPOSED 1W TJON Approval Aftertonsldering all staty; .applicant and public testitnotiy,.l Move tq. approve :RZ-.13-011 and.CU as.presented in the staffreport.for the'hearing date:of November 19, 2013; iy%tti the'fpjlowing modifications: (Add. ahy proposed modifications.} DenlaC Ailec:eosisiilering all sfaf3F .applicant%a td public testimony; :move,to deny:File'Numbers RZ=13-011 and CUP=13-01_l, as presented;duriug the Bearing on November 19; 2013, for the following.reasons: (.You should stafe speclf c reesoil5 for.denlal.) C_ontinuaf�ce. 1 tt►ove 6.061 ntinue FiWNuinber§ RZ-.13-41 I and CIJP-t3M 1. to the liearing date of inseit conEirtuad hearing date here) #or the. following reason(s):.(You shautd state specJfc reasons} for.continiiance) IV, APPLICATION A1ND.ft6PERTY FACTS A; Site Address/L.ogalion: Thb site Js on:the east side of.NW .4'h.S'treet, ��oitll of W. N(aple Avenue.in the TTfi%'of Se6tion l!. Township 3 Wgrth,`Range I WOO. (Parcel 0`91212t -105.b0). B. ApplicaititOwher Cri►nson Maple. ToWnhomes; IX. 8312 W: Norlhview.:Street,.$uite#f1:20 Bolse;iD 837.04 G: Representative; J00 fiLeraris, J.J., Howard, LLC 59$3: W. State Street; quite l'#;:D 13o1se, j $37113 D. ApplIcanf's':Statetneft/J4istifiealion:.Piease see applicant's narrative: for this ilforittatioc�: P MZO.GESS;I�ACTtS A. The :.4pNect applieation.is for a rezone and it conditional. peaiiiit : A. pitblic hearing is require [ befpte the P14"iling and Zomug Coiolnl8. ioii and City Council; on -this matter, consistent with Mgj.dlan.Clty:Code Title: .l 1, Chapter S B, Newspaper totificafioi4 published on,: Sgpteinber. 0, and f3ctober :15, 2013 (Coih **fission); Oefolaer 28. oad 1�Coyember.11. 20131C. 6U'k 1) C.::Ranitis iotjCeS:rpolled to properties. w fli o300:feet:opi: Se -fem1>e06,.2013 Coiriiri ssioii October 24.2013 t'Cou p. .( . - ft -), D: licaiisletl:iiutll�G.uti slle b: ;:fie teniber26, 2013 Commission •'NQyper l: Z0i3 pp N. Yp.. ( )� (Ca , Heil) _ EXHIBIT A B. Character of Sur<olnding Aiea snii.Adjacent.Laid Use.ariij Zontn g North: ;Single famlly residence and LDS Church; zoned R4 South: Western Subdivision, zoned R4. East; Western Rubdlvision; zoned R-4 West Midtown $eluate :Subdivislon, zoned ZS C. History of Previous.Actions--10 2007, the prbperty;received rezottoand preliminary plat approval (Rz:07+001 and PP .07-002) as the beklan Subdivision The prelliti... plat eonsi9te8'of six. J6) residential lots and .tvyo (2) common Jots and.has expired: D, Utilities: a. a..gcatioo ofsewer Sanitary sower intended to serve.this. iarcells. :oval iable.in NW 4'h Street, directly adjacent to the west, . :LOCation of water; T)iintefijic.°waferbitended ta_serve:tlfis; bArcel'1s avai.lable:ini.IVVV Alli Street; directly _ac�acent Yo,`the West:, - . c: lssue5.or ctinceftits: None E. Physical Features::. . 1. Gr i als/Dltches ]rrij�at on: -NO :inajorfadlitiesi itpact-the propose.:d development. 2. .Hao.k, . :Staff i% oqt a .ware OFgl!y:lja drels;hato I oh this. site. 3: Flood Plaint; NA VII..COMPREHENSIVE.PLAN PULlL1lk;S AND.GOAL:$ Tliisproperty is designated "11�ledi�im.Densty ltesidentla#"`(M13i�) 4n,ilia:Goni1relielssl.ve:Plan.Future Land tut Map (1±L1JMj . Uses may ipclude salgle-faniilyhornes at tlepsities of 3 to $ dwolling.uriifs to...iine;acre. The applicants propos!ngto develop..2 urits.on.tha pi'opery'With: 0gross.densify:of755 . dwelling wilts to the acre.wh... falls withip the target dehsity of.tW MDJt,& gnatiori. The compCeliensive plana. ws:a step up iii resideiiNal densities to:accommodate--t-W prgposed rezone.. This property abuts "Nigh Density-"tdeintisr (l-1DR) :desigriafed..property .to south and h surrounded by phD>� designated property on ilia west, east and north boi!itidaiies -developed with single Jflitiily homes. and a: chuih. Tlie.proposed development'ls; designed :to eltittlafe a`single family development consistent Vvit}i j e ..:surrounding developinegts; `['he rraposed developr>ient is also In close proxliop.y to #lie .Old Town area which encourages' denser develop#ria t wlthln.vir .near the. .. ..... . downtowwarea. Staff 16A folio- '9 Gainprchs;nsive.;Piatt pGlicies to be applicable to tliis`properiy and.apply to the:prap'POW rise(stafianafysis In llalres); "Provide, fora:iv1 N .iversity of housing typeg.(stngle=famtlyt modulal-, nipbile hojnos nrid.: multi family:flrrangements)end choices l etween:owiieisltip and rental dwelling units for ail_ lncomeStoups itt.a --- variety_of iocatio.wsli tO :for_res% ant a l:developnrient:' (3.U7:O .The p)'op6sed dev, pmehl.tvlll provide addiii6iial hoeLschoices WIM1 ?his area of Merldlan::which Is:prlmarl�y single family homes. 1'et'init:new doyelopment only �vhere.:urb;in'serViees, s�tt:be reasonably provided...at the.tiine of fine! appioval.arld development is contiguous to the G.ty." (3,l)l.t)lT';pg.4.5) :cro, n.MupleitZ-t3-011 sndCiJP-1PgGE.3 City serNlces is,111 be.prpvided and extended with the developirterit of Ihfs sfle. "ProtecC ritistinR cesidentia! properties from incompatible land use development on adjacent parcels"(3.06.01F, pg: 53) The proposea!pt•oJect is.desigr?ed to erirtildle a siriglefrniiily.44e1004eid, The applica* is olcii7irci�icising to cdiiptrtrcl cf mi0irv,gl:yingl¢.#Ot ,3(nils and J►+�o sJoi�irnils alort�; :lha south boundary acrd setbacks of the iirills exceed the requirements of the R-15 district. t gncourt,ge triol development in vacantlunde..velopedcreas. witlifii.tlte City over fringe;area. dcvclapment:to halt the uutyvard plusressiuii. uturbairleveliiprnetj (S.OI,OZt3, pg. 69} The projnosed dove10010009 07. infill 1V .consls?ei?t _luilh. lhls..ob,�eciive. "Elevate ili�ali4j+.+af:;�esign;fai hoiises:and. aparfiueitts; eYaluate es . the need for design review guidelines forsigle fattily l�om"(3.07�020,:pg; 56) 771e.s1rtrelures. �Glthln.117e Jit aposed.levelop»terrl` ttiill be siibjec/_ to tie.tlesrgn slaiidaicls iii UDC11-3�4 l9 arld the`girldeliit s 1n flrc:Mel-IdI tit l slgirlllctrtuul, Reduce the nuiitiier.of existing access pdints..onto-atterlal streets by using methods such, as cross access agreements, 80cess:t0904901e0and frotitage/bocicage,:roads The. proposgd.developlocirl will haue a single irFcess to.: NW 4' Slree1, design 'Ied a eolleelor sh•ecl. Internal access Will be provided via a 20-fi I yvlde private drive. Rcquitc.iisablc openapacc to lie iticoiporated iiit.gw.residehd4l deyd ijGtits" Pi. 50. A4,634sgirailefoo(gegi$Y lieais..ptloposeu{.Jhalincludes.aplcrilcareq;_.a.barbeque.ar'ea.r�itd a rolru>:iiriity garden for./h0 use Oy the.residents.: P;?nced,yards are also proposed at the t•e4r of eoch 40A::Sraff is supportive .of ffie proposed open space :and amenities nied for the pleuelupmetil:. _ :. Regu re`i� w resl.dend,41 development to:fieet Ad IPster lard$ regarding:landscit�ing, $jghige,.fences and walls, etc '.(3 B5 02C, pg. 52} Sti'eel ber layralscprpin lc requlrPrl grjnroi�(;in 7VW 4't' S1reel.lxi crce�+rFl:N�lll� le.:sla�?drrrtls listed bi clot^ I.JJ 7C Sepittale peivtiils shall;he obiarned fot�sl�riii e a�rdfe �cr�rg m col�tpliance with (he,sl�rridar is Ilsled r.'ti .U1DC Ji -40:4 1.1.3Arespeelively. eased :Qn ti a above.;aaalyais; titofl<':js eup�ortive of th6 proposed dcvclapmcnt:.as it -is generally coltsistetit wtth the comprehensive.plai�. VIII: UNIFIEDgVELQPIVIEIVT CODE A: Schedule fl 0110. on Cpd.:(Up )'I'nble_1::1-2r=2lists.t1�e permk(ed, accessory, colitlitiorial, and prbhtbitf;d:ilses iii the R `15 zomtig disci ict resPecttYely. The proposed nillii_:fainily, clevlapiiieut ts. listed.is a cbiidlfioital use in'the R-15 zQriir►$ cllstrjcl. Tlie specife rise standards :listed itr U17C X 14.3-2.7 far multi -family developments apply tp development of ;thls`site: ` P. Dimoi�jgiial S#an�igrds The dimbusional.sltiridards listed.u� U.RC Talile.:11,-2/#.=7.fur lltc.Ii-15. zonEng district apply developtn . t.of this site. : Crlii son Mup1e ItZ=137.01 i and CUP -13=01_ I N.AGG.4 EXHIBIT C. Landscaping PA ngL y W,tthe StOWpro S Oct. .2. A ZO-fbot Wide .kndsmpe W fe.is.. ..qqIr.O. .g.Oja.Oe.n.tto.N-.W40qt r'o.O. hVAccord.wI RUMWe! -7#Th6buffOr.toustcomplywithtieOAndardstetf6iii UDC In*U.D 11=5134C. D. Parking Standards..UID _C 1l.:X-6Ato 4 ieet -KcIc rk!69 t bi provided'n4he site; qkO& off ve o e pa o _.e. 41.0bedroom units, 15C— packing ve, .10A. cpairk spaces are required per dwelling unit; at.'ea.st one 'in a covered rpoilor eA rap. - For beiitxi.millis, 2 -parking s"s; -,-4.1east 006 in covered carportor.garage.. IX ANALYSTS A:: AitAlysis.ofFacts,Leadngto.�taff:RecQ,oiriefidatott: he spollicaritisproo.osing-proVerty frolb thdR.S district to rezone the istfle 6 4 5 .,I to th .R dlariato develop the proposed multimfafilily d evolopmeO.Althotio the proposed.dm evelpPmo W been designed to emulate a single family iesid A volopmoft a' multi . family developmenCuriiiertheVad-Al Jefme'd',*-&v,* clo - pip fit wiere there are. 1*0.d( 00(0,iiliits. ori the same'W'oOrty..9 use the Useoft] prQpedyisdefined asa.multi=family deveIopme;t and the ciesigp, is itOt typical, staff recommends A development age ment'ta. ensure ille-Atedevelops gs. represented'With.thisappI IMti!.Q. o (*E Wt -b for Speol-. if K,M. P*Wqos). .9 J. 0* 0 dO f):A�. orwitotw..tisep ltji.i sted 6if am ily ..f4m development in the I rk Web With UDC TO! .11 �2 wl T -k4s:�Wog* *441 174 p he ro osedmuilfi- �. - family development consists p p bitildh . 40.-f il�w OR . .. (eight 0) 119S. s; -b ice, five r5) a.mana ent fri .. unitscq ining- total. po*6 (12) dwelling; units: All .:units: Within thW46�00� t will be thrc6=beclroofti',Awd bathunl'fit I ..$ ranging Size between.. ;5 sgvace feet;. A6 iltentioned 4bo* the pYoposed.:91`0$ cle"S ty ot the development "it ?.55: && ling units to. tho acr-O-Wh]Q'h.i.O..r-,O'n3�1'3.t'cn't with tht " Them 1 .4 1W d�46yqlo etit' and fill it femal 20 oot: o.M wid-- 1.6yew-ay will ptovl& tiCcess toall of the units. Since tfie-DaiCe -h;ld q staff notrequipImg cross access with this 4 0velophipi t, 'it the PIS�qbdI ng in f11tL re, Oro$S_0 Ay efequIT4I! accord -with 0cA di' D -n1IY.d6vclpP.MOj '0101110 W. DC 11t -341..'I Hese :standards apply to.-Akdosip c i* re iteotural ph i ter, a'p'scapht -_ -And nalfit6lianpef Th pr9pose. project ra itthe:follow ing -.standards. a. :Setbacks .l3uildin shall (u P.M.. . y 0 k0phum setback ofib fq�_tt: unless gugreater kis Pth6iwlie required y the , table I 1!,.,2*A;;? requires A rear YAM . .. .... Wird 1. ... q , . lJO. ..!S6tb4qR offeet.) Iliased :tin . rhe: proposed: vildh)g or enl. #jj..O eotnply u Ilk d . the. pqquirc. &'afid ifialfifo 6 * da Phe 0"On? shall 6 OW proposed h -6 ed4j*0 . pji�oi? Rp6s rhe_; Mq b. .:, I ' . i0. .re as 0616WA9 6,-dig al 4a llides,-and trqn6f6..l6.r*or bfifity: jlis*sball.b6 filly screpne4. froinAe.w.-ftom an y, pbiic'Weet,Affdrodthe: Wbciniemdl toMe de1qp*m:and will nol be� MY i ev,ic/q- pmenfisdesignedid.. alo ak- , qdyp �e? jam�lyh: 61WON, OW- 0 kloaki theid�'oj4�10s f(ro _ 0 proposed d I h* e t4�. el 40 rise of rotes Crimson Zo: 911 Ood CUP-; 1.3411 AdE 3 FRO EX . M I.M.T A c. ]Private,. usable opeO.spate..:A.mintmui i of 80 squaie:feet of private, usable operi.spacc is legwrcitfor each Unit Thls regglrement_can be sobs%ed. through ptirches, patios; decks, aiid/oi onalosod.yards.:Landscaping; wifryway aild,atlier access.lvuys_alla. l tiul iuuill to4yard tivs reguirein* t .The proposed polio a»d enclosed yards rartge`tir sJze liernleeri 6000.0od 700.squarefeet which exceeds,ihis.requii�ement. d. Developmepts with 20 u>siits or Iruore abaft proviie the foi[owing: A pro -it manageme1t o. tee, a:insintenance;storage 4j -a: ceiitraf :mailbox.:loCalio..li tnclu8ang proviSrons'for parcel mail), and. directory`itnd flap of the development at a convenetif 1oc�itiop. T/r/s rcquirrrtrrcnt of etre IlDC f r iro! applicable to file p,'olrasi Cal iey4J;)p/►1LTll since rhe applicant is p►ooposirtg ltyelve ui?lls..'The, subinilledslle plprr `dep niaitcrgernertt o�jicc. 7'he applJcanl should coordrnate tivrlh the`rre Depa/meet on addressing the proposed aainplex. Wifh the submiflal of tlre�rcl rPrrifernf n of inn f ng . caniplJartce aPplictrl a i, the apprica►rt must pr6wide.the addressing plan nr..ihe coiiiplO�: e: PArkiteg UDC: i 1-�3G-6A:iequires off streei_veh. cie.parking:to.be pinyided ori the site: For 2-3 beclroQm units, Poking spaces, at,least oiie iii a covero f.corport or garogc 13. reijuired. Basgd on the unit, mix (x11.3 bedroom :rrt ts); a comUined. total of24 covered and. uncovered pail:ing stalls are reRun eti. The applrcctitl is: pr oposfrrg a Iwo car garage dnd.a�ClOW padfoi•each unit lAteh exceeds lheparkingiegriire/neiilcter•a rnirllt-. jamily.develdli�tefii: fioivever, a, major.'Ily of the ptooposed parking pads do.nn1 inset the parkingpaddbnenslonalstandards.(20'IO.) ofthe UDS. Y�lhe:pplica>tl desii'es.lo. slrbditi4de The properly or'condo lire: btrlldings In the fulNre: a 20 X20' p�pl kirig.ndd:shoidd be provided lq comply wrlh UDC shit !ds in addillah to 1he;ezcess pgr ilg In froW of the units;: guesl.parking is belrigprovided near the entrance; of the aomple�. The:gueslparklnl; complies Hath the dimensional standaidis.afthe: UDC: Ul), 71- C 6G> egiilt'es one .bicycle. parking4space dei' evei y 2S parkr`rtg spaces.. The anplirrint ,rhnll piasp'lhe regirir d blke. rock nedr.". i evwA J grass% crrag artd;giras! paiklifig so the palrotrs thlrt visit -the complcr and the kids ]haat filgyIn the park have a . pkice 0#0°0 'their. bikes. With the subrrill fol of Geri f cafe tri viii tg cottrpllartce app?WHO .n the site /slain must Incprporawihe Werack and lirovide :spec.) rclrlions ofthe bike)ack. ,... 0000. .. f.ou><nivn 0nen_Space.pesign jteciulrefnents; [me;l 1-4-3:276: requites a minimum of 350squore feet,ofoutdoor:oomirion.ajien stirice f�r.e cli.nr�ir wniftining inane Hari 1290.. squat .feet of..11v'ing ea.:(7 a commonopen spaGe.slioll`lie:no4less than 400 sgtaare #`set !n area, and shall have a minimtrm Xengtll olid widtit:drineiisibtt of 20 feCt..} The dpphcanf is t egitlred to pi ovlcle .4,20U.square feet (3SO X 12) of'cnmfnorr"open space. for the devel pprti ... ?'he submhled :la»dscapeplan depicts :a 4; 63 srjucire foot opeir gr gssy ar".ea ►tear 1Jte :entr+ai6? of the facility colrsistent .14 1lr sstandard : .Anletiltics; :All multi -faintly developments shalt provide for quality of life,, gnen _SPAce. and.recrea ion ijteiittles.to.ineet the.p rt pular:needs of the tesicYeiits, UDC:`11�4=3-27. .. . requires:inuit1-i'a tiily devefopitiants Nvlth 20 units or: ess tiu5t;prov de r mi: 'Inio M: WO . G amenities; one from each. of the Afisremen►ionei3.�categorles 7he:apiilicartl is propos ngl..efo .att�irig glia ding amertilies:: 1, pc fables:and barbepe area. ?Ire_ second amenity is not depicted oil the si MUted silep]irit however; ,the ripplicarrt I:as ver g y;comri?flied to a cntnrntrnity gdi a 7•cr the second ar renfly,...T'il..h" Jhe submit of ileo OWC yppliowNrr the sire pion ahiill depict o: cAmrnuntry;ga>den as r epresel?(eald to Crimson.l►�aple�13-011 and CUP -13-01,1 '11401;_6. /1 EXHIBIT A h. Elcva.tians: EleyatIons are required to meet lite atchitecturel. statidards set forth it l TD.0 11 4c3=271✓. The applicoot lies provi'ded.hs,b elevallons f c(eplc7 the des(gn theme for fire cle vc%lureenr. Tlri� uposed l5ullrlings provide varlatl9_ns In (he roof planes and pt Ovide ?noduldl qn in the fa tides. rlll.nf the ltructures:iare pr posed to Inco rale'd mix of bi�lldingma7erta(s tn. �nclirde tl�e fnlowhtg ;stone .iyalnscol; covered e�ffr��ivays, a: mtxlure ►uni iisidiri m.-OM41s:(bo -di 44ilen Wand hbrlapr`�1d17apj, alccora►ivc i'rim, belly bands, :dec...oralit�e;.corbels and ai-chile.e1wal sltiirgles.(see Exlrlb}t A.4): Tlie applicant has i;ot. prov!4e4 elevations b0he mofta-* rent vice of thesingle uiaim Ire P.: cti�rslraci llrr.rrrcrriy errrertl u/j7ce..zripd rhe sltlgle units with the:Same hulldng:iiTalertals. as:repl:eseifled In P'xhl6lt A.4, The; appllcattl ts:regti}red 10:_selbiWt:CC artd DSS appl}c0lrorts for i(ll. of Tired ruc[rmes proposed with the,developnlelil.. S1tiJj !s sirpporlive of the pt g ised.btr!}ditilg devil tis and lrtalerla! cl?Dices, i. LRndscapi�g::Slaffhas revlewedthesubsntted landscape for compliance. with the,UQC. The lan&pape plan;-labeled.lrl; is approved Vvith tl�e following modifications%notes; PaMilk 'lot;landscapmg ls. reiluired n�rist:.be provided In accord •with the standards li8t-0J i,1JDC 11-3B.--:9- : The MAW..stregt.MOP designates NW:4` Street as a collector: ProVide:a.20-foot wide landscape . v. er asljace�it to.NW-A ` Street:.. and . andscape the buffer ln.accord with the standards set forth in UDC-11-3B4C. NO. This wi11 r egrrlre the luss of p. guest paeking s}all. With CZC submtttaf, :provide a deti' 1 of the, p�bpgsed fence materials; All fencing proposed for the .developmept: lijp$t .comply with.:the fence, regulations set forth in . UUC 1:1=3A-'7. A written ;cettifcafe. of :completion AhAll. be prepared by the landscape archifoct, designer, or clUal red �u. eoryma .responsible for the Wdscape plan Wand stii�mttted prior to cerlifiCate of occupancy.:'.A 11 s►an�tords of installation: shall, apply -as listed1 UDC 1'1-3B 14, J. ` lVfainfenance aril Y)nvaprRbin ttespousiailltim Per C11]C ] 1-4- =2703 !e all U. id' document sljall..be reebfded trial slates the nzaintenahce,and:ow,nership respoislbilitiesfor the management of the develop�rlent, including, li[it not. limited to, structures, parking; common, meas, and other clevclopinent features. The applicant mlrsl.cotitply yvi%h flrls ego irref1l aid a single.:en!lly:ittusl matiaSe.'l�i0 enllre ilevelopiierit.. Summary:. -1n stumtnao siam-fin& the:.proposed projeot. coriiplleg. V` 11 tlte'tlfture.11 �d rise snap, applicable policies of the Coatiprehensrve pian and is conditionre ip cq!-n - y with the ajipliCA16l* developinentstandards in the IJDG:. Based.:on the A#orei�icntionld.analysis;.siaff coffi, ids. approval of the subject opplicRtiott; 11Bi7'S Xi Drawings 1.: .Vacitjify. Flap I ,Proposed:Site Plan(dated,;_Q$i, JU/1A/l3) 3: Proposed Landscape.Plan (dated: 118/29%13) 3; ..Proposed Bil.IdirtSElevations B: Conditions ofApproval Crimson MapleRZ-13-.011 hnd COP. t,3-011 . , AP9 7 EXHIBIT A l.. pla"IlIng:Division 2.. Mic Works.D.eportineilt 3. Flf* ..D atliit: lll. 4. Popo- DoparttOnt 5. 'Republic Services 6. :Parks Department 7. Ada County: High,*ygyDistrict C. U& 'De'.01 ' ion and Exhibit M p D.. Requiredfind ings from Unified -Deveiopmpot Code . .^ '� EXI IIBIT A Exhibit A.1: Vicinity Map 424 714 �. 120 104 __.-It-9 j� a mI � 20 Cfi C L0 E tI j iso RU)' 71e0 701 r 161) c 1 1646 75 102 3 717 1612 1625 � 1614 1646 1 loin 1el't 1601 W ` 1606 1607 154E _ taon 14 t u 6� 1116 ISA 1536 1315 1524 Vy A # (' 14 R (' "Is:6 ul� 152e a G 140 , K1420 1427y _4410 1516 /S1! ,526 ++.1461 1506 150 1501 1 4;60t..1J41 691 1142 ~ 1501 1S02y DISC Ff. Avt-' ISOI... IiB, ""'44 1367 �G: 1770 1433 1474 `- 1} 1434 its ,S y1 ,• , i tj4S TT` 1141 - 1415. 142e 141 14L 13� t� 4:e 71 _ p I I _ C7�` uu 1611 { -1421 1 1 i •-1-y/`tfspleyl 1 1--...{ t,W 1405` ... ,4D4 .'WMa �e'AYeIJ 14{4 .. •►� �..�� I S�.i N r�_ 1.v� IA6 1153' 1 1405 1117 131 J's. W 61116-AAve I _ _ _ 1724 1720 1719 1107 �7) ._ „ �. 1 171 /. � 1701 �8' - �►� 1215 7H J! 1 � � � n I - _ .. Cherry ve 1 17in� 1271 I7 l.0 _ 1221 1701 i �••.... i WISh �.. Sg ► n v� n r 5�5 ! Sit ,21 . 4�firi' 7..__ "6Nl 15 62}�.. y".� :: lad°+ 1117 i __ o"T 416 210 20 w` 424 F__ 1 1 to n n - 104 t _. ....--W herrytri-- _ •_ .ter. •-�� - i 1552 , y T4 107 4.. • 7 144s Ismc _ 1616 /617 1641 1S 1617 7a0/1� 117 j 1612 1625 _1624 150)_ m I60) 1615 161_0. 1601 1606 1607 ISO 1606 1536 1537. 1516 /575 ...T_ 1 1524 S �.:: — 1 1526 IR ISIS _....-. \415 y 1410 142ii 1430 �� 4 1st{ li11C _1520., 1401 1 �S, 7463 r! 1406 1191 ...110 1101 1761-.15� 1191 p -! 1194 of 14322 1501_..1 tiy�_. .fs 615 4P 1721 sit rise _1217 4211, 1423a4 7+�-14191 1424 1 - ?�ID6. .1a7t 1411 7t' ._ 14H ._ 1414 1422 i 1410 1405 1404 1401 �n -iOl fill 1404 ��js +t - F7 T Uib q37 g724 62- 1124 /$0 S iio.��.P t"il zl u� T �.. 6u 6is = ua '1 71M' tV1t Crimson Nbple It/.. -13-011 and CUP -13.011 PAGI79 6p -1222 �12!�1220 €_ 1212 i 121-1 16 1261 1 E3011bit;Al.- Proposed. Site Plnir(dated: ju EXHIBIT A EXHIBIT A Exhibit AA: Proposed Elevations EXHIBIT A EXHIBIT A B. Cortditlons Qf Approval 1: PLANNING DEPARTNENT 1,1 REZONE t:i:l A;Develhpmeiit.:Agneemerir (11A:). is recju red.as a.prov1sion.ofthe.rezotie,:d4hN property. Prior to the rezone ordinance approval,a DA shall.be entered into..between the City of Me di the. property owner(s) s.t the tune of reione ordinance adaption, and the developer. A certificate of . zontng compliance (CZC) will not be issued until the DA is recorded. The applicant hall contact the City Attorney's Office to initiate. this process pi for to the submittal.of a certificate:.of zoning compliance application The DA shall be signed byahe property owner and returned to the Ctty - wlfhin two (2}years ofthe City Council grantingthe rezone Gurretttly, a fee of$303 00 shall be Pala by the applicant,to the City Clerk's oftice prior to conimencentent of the`.DA. 'i'hel)A shall; atannitntttn,'i�lcorporate the followIn' `provsionsi a. Development of:tllis.site;shall substxntia.11y colnply with site plan, landscape plan and. balding elevations ip Exhibit A: b; A Max ln'"1 of l2 residential units And a , ailagement office shall iie;constructed on the site: X:2 CortpiT16NAT, USE rEa mi , - $Itc Speen C Copolflons of Approval 1.2.:1 The site plait, dated 0.8/29/13, labeled:PaiS:approved with the Miming changes: • provide.details of:the'proposed bike rack with the certif,ote';of-zoning .compIiance submittal 7 he bike.sl talit e located pear the open space said guest parking area. The'applicant shall, comply wit! thebuilding setbacks and building heights (single story and:twu Stury 1u4atl.utts):dc tcled nn..the s.ubmicted site plan, With #1te stbnlittal.oftho firstcertficate.::ofzoring cotnpl.iance Replication, the applicant shall.provide an addressingplan for the complex. 1:12 The landscape.plan; da 04 :08/29.113, la.bel0,L.) h appro ' Wid the: follovving changes: proposed Provde:the open.space.and amenties.as::on, the:landscape..plan.atXacheil in Exhiliil A.- Willi the Submittal ofa. cerilheate.of.zoning.compliance, the appllcNnt. shah ,include a :community garden as an amenity, • Construct fenc ngon'fheailgati:ifccorowi.,th UDC 1,1-3-A,-7. Pro We of.the:fattcing with:i.Certifcate ofzo»ing compliance application.: • Construct:a 207 -foot landscape buffet adjacent to NW 4"' Stieet.in accord. with UDC. ] 1 313-7C, The Uuilding:elevations attached in oibi :A:4;:are:approvedwith the fohowiitg changes: •. Tle_:appllcanl sha4l: construct file ananagemealt:office`a:rd the single units With the - snipe .1i11.. ins tnalerlals,as represented .ln: Exhibit A 4: 1:2 Q The developer shall comply with ,the'specific. lk standards.:for.rriulti=family develop iients listed in UDC J.1.-4-347 1:1.5 A11'roof.and wall=motEnted machapical, eleCtiical, communications, and service:equipment shall lb&screened front public streets and .0operties by the use of -parapets, walls, fences, enclosures, 'or by.other su:[tabte_meptts. 1 X2;6 t,oi?v pressuresodium lghfngshall,`be paoh%b1.ted a5ail .exterior lighting Source on the site: Cninco9 Maple RZ=13=011.*and:Clll'-13!:611 PACj> 44 EXH[BIT A 1.2.3 Maintenance of all common areas shall: be the .responsibility of fhe :developer or assigns: Record. :legally binding documents that stat e:the maintenance and ownership responsibilities for tho . nia1jagcit1ent Of Ilia tlCvelupiloent, inuluding 41101 not limited to structures, parking, common areas, .private streets; and . other development features: A copy of the recorded document shall be submitted with the Hist Certificate of Zontn Gom fiance The rm5pplil rle party sba11 be:o s►ngte entity overseeing the enhreint lti-fa mily.developmerat, 1:2.$ Off street vehicle parking shall be provided on the site tri accordwifh UDC Table 11 3C=ti m for tilfi-fatuity dwellicigs C.onstrucf'all off=sfreet parking:arem consistent with the standards 6.sct:f6rth in UDC 11=3D�Si, �a-Vii{=8 , acid Chapter 3 Arlicic C. 1.2:9. Provide the private useable o _e115 ace atio;and enclosed . aids as `ro osed.. 1.2,to Staff's (allure to :elle specific ordinance rit`nvislom dnes not relieve the apjilicant of responsbility:for compii'ance, 1.2..11 'Che.applicant :shalt comply wtilt the access to street standards in aceard with. UDCJ 1 3A-3, 1.3. General Conditions of Approval 1,3:1 liisfall lighting consistent wlth the _provision$as set forth iii UpC I 1=3A -t 1, The outdoor lighting shall have own)* shielding on the 6ullding and the pei•lmeteir l glitine shall no"t:impact tht .surroiitding single 1`ami:iy residences.. 1.3.2 Comply with file sidewalk standards as forth in UDC 11-3A-17: 1:3.3 Coniply with tiie outdoor'sery ce and equipment area st4nd8rds as set :forth in UDC 1.1-3A l2: . 13:4 Comply with -the structure and.:site design staridaNs, as set.fartli.iti.UDC -11-3A-19 aiad file guidelines set forth in the City of Meridian Design Manual. 1.3.5 Th..e conditional We approval shall: be null and :void if file applicnnl fails.to l) cginme►ice:fhe use within two years as set forth'in UDC 11 59-Wl or`2) gainapproval of a time exteng nn asset faith in UDC d 1.=59-.tiF4. The applicant shall.submit and obtain approval of a Cerl104te.of Zor►ing CompllanGe. appllcat►o�f and DesiSn:Revie�v:frotn the Pkinti:ing DiVlsion, prior to:subii7►ttitl of building permit'appl►cati.Qii:. NpTE:,A::CZC a pplicationa►iay;iticlude ono or moremulli-:family antis on . a.lotlparcel. 1.:3:7 ltistall. all i lili►i:cs:cv►isistet.tl v tl►atie standdrils't s sel Furth 1ID.G.I ] -3A-21 <a id i I -AB- a r3, 8 Pi ovlde?a press"ar zed; ii r gatiot _ systent consistent wi(h.the standards as set worth in UUG 11 �. 3q-] 5, UDC 1.1-36 6 slid 1v1C(: 9 1 X28. 2: publP tC. WORKS 1l4PART: AlENT 2:1 A. sanitaryseWe,.f iiia%n that is:fittended to.provide ser_vice toth:is develo merit ex sts'in NW. ,i�. p 4 .6trcot to th4 west Pcr.Mctidiat). City Codc, tFyc oppliea►it shall install mains.to and through this development Applicant shall coordinate main size:and routing with the Public Works . partinent, and execute standard. forms of easements, for any inAins that are required fo.provtde service outside:ofa ptihlic.right-of: Way. M►niirnnn cover ever-"- W. r:tnAi.ii _is three feei,,,if cover from top of pipe to sub -grade is less than three feet than alternate inateriai.s shall. be used:in eQ iformance.of Oly of:titerid.ian PuUlic Works'pepartmerits Stan iArd' S. 6.0 . 2:2 tl;doinestic water.010ift tl At`is:iiitended to provide seivic*e to this development exists: n:NW; 9Street fo'the Nest Per1bleridian:City Coded the applicant sljall install mains:'to and . Crimson Ma P:►e RZ-13411 find CUNE I 1 PAGE 15 ._ EXHIBIT th i r ughthis development, Applicant shall cooroji -routing wl . th tj late main size and Public formi of _.hp blic. WQX -d that are.reqtked to .....Depar"entu execute s r WYA r WINJUe- 0, -way. any a fis P k-public-�-or, 2.3 The applicant shall proVide easements) f ix 611 public water/sew6c Mairis outside*Of public-. 'right of way (include all water- services and hydrants). Theieasement widtht . 8 . hill be w4d6t wide for a sip$d0 u.tiffi- 1 -WId*e f6f 6 T Of3Q4 04semenWs 16.11 6*e'.dedicated usingthe _Cityof meridi"'s standard forms . oplicoift stroll submit tin execlitedeasement n the form available from Public Works :by an Idaho Licensed a1egal description prepared da Professional L --and Sur r� -which must include ..Y!PYP : , I . .%., 111P airm -drille 008crnen mar. : XH[BIT A81/2" x I I "-.map wl .0a.rings and distances (marked EXHIBIT B)fbr<teVl6w. 3 exhibits most be -.sealed, d 'dd a ...... Land Surveyor. - bd N OT - aled.,-s signed all dated professional RECOMI Pp jeafitthallb-e .2.4 A I i "uired_jWorks. n revkw;..and construction hUoiction,fibes as A. teriohed during th0 p 101ev ow.propess,prior to th6.1ssuanc6 of.A plan a0provdi lotteri 2.5 Itshall bd flle.. --r,esppnsibility.. -of t,k...:OPP. Ica:nt to. o..bs.ur-etliat.,411 46v 6lopnent *atints complyWit ib Apefl1cans yKIoIsabilltios Act and the FairHousing Act. 2.6 Applicant shal * I.be responsible for application and complmnc any Section X404 Permitfin 4hat mpy-be.tdrod reg... by theArp Corps .2.7 Applicant shill be respotible f r. 0 o a Plic tioh.ond H i QQinp laricd With and NPOES permitting by th . E'. .1 'p. ing. thit.may be required en .1 the ... nv. ronm. ta Protectl6hAgency: 2.8 All e ..gradiogofthi....9t.ds4a. ll be:performed in conformance With MCC 1"] 2-3H. 2.9 TI*engineer ;q1Wj be fqqtj ..ed ..." f t - hAt. the roadway pent n . e t ir to certi y .-edi..6'.1evations.are sib a filiniMU1111 Of :feet3 b OVO the abjighed Peak groundwater 616yation. This is: to a . higho.t. st ensure, trial the -bottom 616vation ofthe crawl % :spaces of homes are at least I IV. -fb61 ab V o_ . . o. e.sal groundwater flevitio". 2.10 T be responsible Nd inspection ofall inrigiati On and . /or -.he 00(404 drain iagelfacl-lity Wi* thin this project that donot frill Unddr:the jiAdjdI6fi 6fAn district .oiAd4D 'hod 1 engineer a..."- . iifI6 a provide ice ca t the fA*ci 'l ' Jties* h0ve been. 111stal.1-0-in accord c - with the -Appr6wd design plans, his -661 I Ificat1On. will be required before a certificate of.occupaocy is Ath w tfij r any structures res 1. n1hproject. ..e. :,supplied h 'ar e_ City ).ty. bf MetidW requires that.pre. ssurizW.Irrigation systemb s * -y4yc �round 150urceofwater *.{MCC . 12 13 3), I'lie applicant shall b0 required ( : 'dt. Q. u soany: exlsVpv surface 01 -well water ptimiry source;. If a surface, or well source :is iiot AVAIlab[e, aWhiIe- oii it connection ;to U ti -fill b d f pp-R.."nection the. 0 !1 be 6-tio&_ Istitinze, Of ware..} M f payment Pf a5msm.on S. or: the common areas prior .r Ivl"g. �vo Approval. 2J.2 lCompact ioplest results th, 1466diaii 130di Dej e.- Ung'. pard or n men :f buildin&Rd,1 TePOV109,009indered aekAllwhf:b. ingm would kitatopfill material:' . j 13. project shall a:re.- 0 City Ordnance, 00tio09:14.40,94S. .: * Contact Act the-City:Of Meridian Engineering "0epaJiiqh(a.208)8*35001f6rinspections '0NIscOhn ptgg pfservIqtsWells May he.;used for jlonA.�. ofi1estJcpjirpos.es,suoIiA§ landscape_lrfiggti Art MI.. aPprovod. by Idaho Dept ...men, of Water Resources C n1a ft B, Whitney 4)U4-21 9 existing P110-PYS4Pm5with vthis.OrOjoctsjI be niby i fe. ed.from servicet per City ME 16 FX141131T A Ordinance:Secfioti 9=1-4 and,94 5.:Contact Central pistrict lealth.forabandonment procedures arid.itispeetions (208)375-521.1.. 2;1.5 At the com letioa� of the. rp ea. the tt licant shall be.respotisible to submit record. dravrings p p .J t, Fp pertlie City of Meridian AutoCAb standards: These :record drawfiigs must .be received and approved priovto thelssuance ofa Certification ofoccupancy for. an struchtres within the pro�eet. 2::I6 1.00 :Watt and 250 Watt; high-pressure sodium street ligiits,slia11 be re uiretl oti till. public roadways per the City of Meridian improvement Standards for Street -Lighting All street ilghts shflll be installed et.developer's expense: Frnal deslgnshat(be subi»fitted as part ofthc developinent plan set for approval, which mtist IN ude:the location of any'_existing sheet lights. Street lighting isaequlred at intersections, corners, cul=de sacs; and at.a spacing that docs not cxcctd that eutiiiled In the Stittidurds.. The contractor's :work atid.;iatertals shall conform to,the 1SPWC and the City of Meridian Supplemenfal Specifcatioris to the ISPWC. 2.i 7 street signs are to be in place, water and samtaiy sewer systems shall _be approved and activated, tenting installed, drainage lotscoiistivcted, road base approved by. tW.:Ada County Highway DIstrict and. the Final at or .this subdivision shall be recorded, prior to applyij1g for building permits. 2,48.All development iinproM1116nts;:incl}1ding;but.t of lirnitedlo.sewei,water, fencing, ptessur(zed irrigation end landscaping shall beJnstailed and approved prior to obtaining certificates of occupancy. : 239 The City of,Meridlan. tequires thatahe`owner `Post to.lhe City a perforntanee surety in the amount of 129%. of the total construction cost for all ;incomplete sewer, water and:reuse infrastructure prior to the issuance of any bulld:ing perip for any structures to be constructed on the site. This surety will .be verified by a Bite item_cost estimate. provided by the owner to tit$ City .The surety can. be posted in the form of_an tri evocable.letler ofcredit, cash deposit pr bond Please contact 1.ATid Developineiit tieryice foC snore iiiforriiation.at g&j- :2.:20 The:.Cityof Meridian s-egWres;that, the.oWner_post to't1te City:o warl'antys�ireiyin the atnotrnt. of 20% of the total* cbq§.1Nctlon::cost for:Oil completed sewer,:water and reuse Infrastructure t or duration of two years pi for to occupancy.of any structures constructed. an the site. This surety Willbe verified by a line item cost estimate provided by the owner loahe City: The surety can"hc posted in the form;o£an irrevocable letter.ofciedit, Cash:�leposit: or bond..Ple.ase contoctLe(I: Devel.up[nUP, t.S.Crvlce<formore int'ormatiOn at,1387-2211. 3r. FRGI -D)CPA)G2TMENT - 3.,1 All entrance.S,-:intemal .roofs, diive.Risles, :and alleys. shalt ajave a turniiig radius :of 28' inside aiid9$' outside, pea' lntenkational Fire Code Section,51 3..2. Flnal Approval of the fire hydrant locations shall lie by Abe 'Nleridtan Fire Department. to . c�ccoidance with jot onofiontil l'irc Cvdc SecCioii (II'C) 50,8 9.4.ii5 folluws:. A. Pira hydi ants sliall.i�ave the 4 %" outlet face the main street or parking lot .drive aisle: ,Fire hydraii s-¢llall:riot face a street .Which does:not have ptldresses on it: C Fire liydrAnt inarkei s shat[ .he.prtMded.lier put?iic V1lorks;specifcations:. d. Fire H Grants shall be laced. on torners when s 'itcin rmts. Y F p g pe: e, Etre hydrants shaii;not have any vertical obstruct(o:>as to outlets'with' 10'.: f Fire Hydmots... e plated. I $";above;tiilshed grade to the center,of the;4:%z" . outlets. g. Fire hydrants shill;be provided to iiteet the requ reineiits of IFC'Seetion 5093. CrIolril WON RZ=13.41.1, rind C'0P-13=Qt 1. PAGE 17 I. Show Ail proposed be .exlsting..hydrants. for Alt new-Oh.Orued.on or additions to existing buildings within 1,000 feet of the rrojecf; 3.3 Ensure that all .yet undeveloped :parcels it.wmaintained free of cgmbustibie Vegetation as set Iortli in lnterIiational Tire Code Section 304:.1;2. 3.4 Fire. lanes, streets; and stiudyres (including the. canopy height of:mature trees) s1ia11. have a vertical clearance of 13,'G a$ setforth in-internatlona! .Fire. Code Section 5.03,2,1.. 3,5 CornmerCial:.aild.oce. occupancies will requite a fire -flow consistent with httemefional Fire Collo tlppcndix 13 f scrvicc:th .proposed projcct,.rire iiydrants.shall bc:piaccd per Appgndix C. 3,6 Maintain a separation of 5' from the building to thc:dumpstet enelos4ire as set.forth:in Internfltona] Fire Code;Section 304 3.7 Oiie:aitd two.#atn.ly,dWeiiings.notexceeding3,60t1:$guare.feet,require.a fre=l]ow:of 1,000. gallons per miri+ite fora duration of 2 hours to service. the entire project. One aiid two. family . . dwellings In excess of 3,b00jcare feet require fl minimum f re flow as specified in Appendix B afthe. lnteritational Fid a Code: Fire Hydrant spaotng shall.be provided. as reguiKed by Appendix C of the )nteriiattonal f Ire Code: 3:8 All common driveways shall be sli`aigi f or have a-Whiingradius of 28' inside and 48' outside and ahave ,acleardi•ivingsurfacoof20'.inwidthcapable.ofstipportinganiniposedweightof . 75,000 GM1. per lntemational Fire Code Section 503.2. 3.9 Private Alleys. and Five LanessliiilLliave n 20' wide..iiiiproved.su,face capable.of.supportitg. an imposed load.of 15,000 Ibs: All roadways shall tie nariced:in accordance with Appeiidlx D Section b103.6 Signs: 3.10 Providcsignagc`(".N_.o Perking Fire Lane") for all ft.. tines=ill accordance wiQi ]nlernaliatial. Fire Code Sections $WA &:Dltl3,6: 3;11 Operational..fire :hydrants; temporaryor,iiermanenfatt[sighs, iujd access roads with an all weather sur face are required to be instal led before combustible construction itioterial is :brought WO -111 the site, as set fortli..:iii later 06fial Fire Code Section. (iFC) $01,4 and Meridian ainendinM* 06 iFC.16-.-4=2J, 3,12 The .first -digit ofthe,Aparfinen /Office: Shite shali correspond to;,flre floor.leyel as st forth antemaiio..nal Fire Code. SC,04.0 i 505 1: 3:13 the app caittahail.wor0w(i Publlc WoAs and.::Plahh1 ig Departs entstaffto provide Am address identifca. !oil plan acid a sign which meets the regairemenls of the City.of Meridian sigh ordinance acid is 'laced in a p position that is plainly legible and visible front the street or toad frontlhg the .property; as se f .fgtrth i - nteriiatioiial:Fir'e Code Section _505:1. 3.14 .."AIi portiotls of rife btli.ldings.loCa"ted on this projec#.inust:be �yithin .J SO'_:of a payed sui face :as rneasui eci.arounii.ihe perimeter of:ihe building as set forth.in lnternational 1~rre Code Section 503.1:.1: 3.:15 Llitei::gericy response foiites,And flit ices shal�.riot be;aliowed td liave traltic.calmiing devices installed witliotrt pi for approval,-of.the l`ire: code .Ofticlal: National Fire ProfeCtiorr Standard 11:41; SOct fon l5 2:18. 4. POLICE i)EPARTMCN` 4,1 T1ie�Pol.ice pepaiflnent:tias no concerns relate dto::the:site. design submitted. with;he .- application. - Criiiisoim4k RZ-13-01L anti CUP=13=01.1. ; hAGt;18 t XHIBiT A S. REPUBLIC SERVICES S.`l Theppl:i„cant shall subtn'st a scaled.site. plan stamped approveii by :Republic Services verifying cptnpliance with Republic Service's requi enteiits with.the CZC application. C fA.RK . AEPARTMENT 6.I The -Parrs Department tias no concerns related id the'site design. su'fitted Wlth the .application.. 7. ADA COUNTY:HIGH.WAY DISTRICT MO. ;Specltlt 60 010119 df.Approvst! 7;1.1 . Dedicate_30 Additional feet ofright-of=way far NW 4th Street from. centerlinebuttingthe �ltc, as.ptotiosed: 7.1.2 Gotistruct 1V W :4th Street as a 36 :foot collector street section. w th vertical_ curE�; gutter, and 5. foot wide'.detached sidewalk, as proposed; 7:1;3 Install "NO PARKING” signs:;an 1 W 4th;Steoet. 7:1.;4 Locteahe private road as proposed, ;50 norfli of the.'South. property line, 7,13 Pave the private road elitrance jts full width of . feet and at least30 feet into the site beyond. . the edge of pavement "of the roadway, 716-1install street name and stop sights for.theprivate road.. 7.1.7 Direct lOt access is prohibited to. W :4th Streefaiid shall be aioted on the final plat: 7.1.,.$ _ Payment of.impacts:fees are..dr a prior to issuance of a:bullding:pettnit: Comply with 611 StaEtda.. Cot ditiotts bfApproval. 7.2 StandArd CoitdiiEiiotis of Apprbvttl 7,2:1 Aity existittg;lrrlgation facilities sl all.be ref... med outs. a o,f the ACHD right=of way. 712 Private sewer or water systems pre' prohiblted from being located:. Wifbi.n..the ACHD right -of -Way, 702:3 - to acc6Maoce wWlth.District. policy, 7203:3, the:app] icantmay b¢: required. to tpdate`.any existingnon cotnpltant :pedestrian ijnprovetZtent§ . abutting the site to. meet current ... Arnericerns with .Wit's Act (AnA} reclu reinents.::'ihe aptilicant's engineer shoiiid review. 7.2:4 Replace.ally exi.stiitg.damaged. ciii`�b; gutter end.sidewalk-anal.dny theit;,aripy.'ii ti m Abd. during thc.constructiat Of.tlte proposed development Contact.Constt`t ctioti.Servtces. at 38_..�6.28Q (with file_nunzbea) ford -tans:. 7,2:5 A l ecijsq_ngi�c nicnt.Anc1_co.iiplis.nce yxjth the Disfriyt's.Trcc 1'lai tcr.jiolicy.is..:rc ifi,red y. for all landscaping proposed .. 1 ACHD right=of way:or easement orehs. - .2::6. All utility relocat.idii :co5ts..a§sgciateif. with mproytng street;frontages:apu(ting the'Ate shalt tae. 6urge by I.he Q .Volopel': 7;2.7 It WIN responsjbilty nf.tfie applicant #o verify.al[.exisking utilities within'the right=of way, The applicant at no cost:tp ACHD"shall repair existmg utilities damaged by the applicant: 7lie apptt A. shall be regltired to call UlU1;:ttVl; ..{l Ohl I.: 4Z-1585) at least two full business days prior, lo breaking ground within ACHD right of vray, The appl.i.q.0 shall. contact. ACJiD `TM id 'Op..eratlorts 387-61.90 In the event any AGH.1D t6v§onMapleRZ-,t3,61l.uiid`Cill'-t3:Q)1 . PAG); 19 EXHIBIT A conduits (spare or: fhled) are compromised during eiiy phase of constrictoit. 7:2;8 Utility street cuts in pavement less than five years old are not allowed unless approved in. Writing b� the District. Contac- Uthe Diiistrict's Utility Coordinstot.at 387-6258 (with file numbers) for details. 7;2,9 All design. and construction shall be inaccordance with .the ACHp policy Mantial, 1SPWC.Standards and approved supplements„Construction,Services Procedures And :a11 applicable ACRD Standards unless specifically Waived herein. An eitgineer registered lir ttie tate ofldallo shall prepare and:certify'aI[ improvement' plans. 7.2.1.0 Coiistr4►Ctioti, iisencfproperty development shall be in conforinance with .all applicable requirement$ ofACHDprior to.Districtapproval for occupancy, 7:2:11 Web -an ge;in thi''terms' and'i ion�titirins of this approval_ shall_ be valid. unJgss they';ire writing a6d. signed by the applicant of the appliCanf S authorised representative and. an ainhoa ized represeiitadve.of ACHD. The burden shall be upon the .applicant to obfaiit Written :confrtnali ti.of:any change from AC.HD, 7:2.:12 if thesite.;p on pi ° use -sltotild..change'In tEte future; ACHD Planning Review will review.tlte site plan and may require additional improvements to t11e transportation system at that time:' Any chane in the planned use`of the property which is the subject ofahis anPlication;: shat I re luire.ttie applicant to coitlply with ACHO Policy and Standard Conditions of Approval in Place at hat time unless a.waiverlvaiiance ofthe requirements or o1EieY legal relief is granted by the ACRD Commission. •Crimson tvlaple RZ-13-4t l -and .Clip -13-011 .PAGE 20 EXHIBIT A EXHIBIT A D.. Requ.IXed Tin.tIings from llplf[eil beveloPmen.t Code L Rezone Findings: Upon recQminendation t'rom the .Contmissi60, the: Council shall _make.a. full (:nycstlgation and shall, at the Pfhlic Bearing, review the;applicatiop lu order to grant an annexation, free Council shall make -the follnwing flnringc:_ a; The. map nmendmeat complies with. the applicable provisions of th:cCons 'rehenslve -Plan; 'i'he.applicantiS proposing a.jezono 1.59 ac'es..to theRml3 wning.district, The;Council f%nds. that the.:proposed Inap ameridrnent ]s. generally consistent with the MDR designation aitd 1lie applicable p,ovislons Of the Comprehensive Plan(see section Vll above): L The;map Amendment epr+riplies With the regulations outlined for 'the :proposed d- Ish iet, specifically Y. e -purpose statement; Thn C`cxrric l Ends that tiie proposecl..map s ni�nci nej t to: the.R-15 zoning �tistrlct is Congia#ci t with the purpose statements for:resideiidal districts as detailed.in Section Vlll.abave.. c:. The map amendment $Ball bot ;be materially tle#remental tq' the publf c llsca. safety; Are it, C, The Council -ands th'at,:llte proposed zoning ainendmerit will not be,detritmntal to the public iieAlth, safety, or welfare C1ty';ubl,tieswill be :extended at the expense of the applicant. The . Council considered all :oral or written .testimony that Was .provided whm. cieterrnning.:this find'nlg, I n d The:map A,meuclmei�tt ahatl not resuit`ia :ab :adve_irse impact Utpop :the delivcry:of;services by any pollticai :subdivision provtding public services wPthln It. _City including, but not limited to,'sch6 1P districts; nnd, The o'uneil;fnds. that the proposed zoning.amendlnena wrill iiot reStklt._in..`any adverse iiiil or upon the delivery ofseryices by ally political stib.drvlslon providingservaces.:to this sitg, e.. The annexafiion isair;tbe:bestothiterest ofatte Ci.ty;(UpC I'lie :Counal :finds `annei isttg:th' property. ►Vlth.an it ]'S 2oiting.district,is. rithe best interest of the C�ty`lf.the applicant enters into a development agreement. 2..Condltlonal:Uset'ermitFindingsi The Coulmissipnprid Council .shall `rev..jew #he.psrtictilar faefs'Arid circu�nstailces of each. proposed eonditional'use in tennis orthe followipg; and may approve a conditional`use permitif tltoy shall find:evicjAice pregPrite�l rtt the:liearing(s).:]s adequate io establish: e, That` the site is .large :enough 'to aceomstiotlate.'-the proposed ;ir e..Aod..dteet h diiinensional and development >+egulafions in the 1stelct lu tvhiclt. the use is locAtc+il, The Council finds that. if.tho.sim is designed us accord with the site plait in Exhibit A and file eodditions of approval tri Exhibit B, the site will be. larg-he. . proposed_ ilse and meet the dirnenslonal and development regulatidns.of she R 1S .:zoning tlisiricl ar►�l ihc.uiirlll-fgM7.. S ,pCitic. use Standards.: Y.P U . That the. proposed. use wfl) be'lrar;nonlous with the iVlerldiatt .Comprchens_ ive Flan: and In accord with the. reguirements.of this Title:: The *0 44s that tliepr posed-niultl-fAmily residential use jn th'e`R=1S zone meets the abiechves ;oftlte'Comprehensive _Plan and the UDC. CririiSnn i4laple i2Z-1.3x011 t,i}i! CUP�13-t111 PAGE. Z3 e. That. the tleslgn, canstrurtion, opemtevrnd aneellbe ieompatiblewlth other uses in. the general neighborhood apd with the Olstmg:or intendcrl ch0eactet :of the generA.l YicinttyAnal #hat *tech nse will not stdverfiely ckange tL the esse�itlpl claurpcter of e: sAme area: 1711e Coulicil finds :that `the .general design, construction, operation and maintenance :of the muni :fQ�itlly use W�Il.:bo oompnti6lo with: other residcntia) and comnlcrclat'uscs in .the general neighborhood and with the existing and Intended.:cl . pter of the vicinity and :w#11 not adversely change the character of the area. The Council co►isldered.dll. public testimony :that was presented-to determine whether or. not the pmnosal will Aiiversely affect ;the other properties In the area. d. That the. proposed use, It it co wttlz alt conaitipns`pl:the apprQyAl impoSetl, will not adversely:effect. other propos ty in the vicinity,, T[ie Coiilicil fhicis that the proposed Eeveiopip. nt should not adversely.affect oilier property in the vicinity if the applicant compiles with all condjtlons of approval fisted tri Exh#b#t.13 of OAS stat 'lepof't and curis.truvts all ttripruvenients and .operates:the ttse lh accordance with the UW standards. c: Titat..the pr..oposed pse will.;bC. serve adequately by css..en inl :public . faeilities:and services such As highways, streets, itcliools, pit ries-,.police and fire protection; drainage .structures, ref�ise disprisalA. W#ter,-attd sewer. The Council finds that sanitary sewer, dohlest c water and irrigation. can be .Made available.to . the subject property. Alease refer to comments prepaled. by the Public Worlcs Department, Fire Department, Police. U.eparitnerit.and,Qther'agencies. That 06.00114,460 uce will-0 ot,rreiite excessive additianst costs for public Cacilltleo and services andw(Il not be detrimental to.the economic welfare of.the community; The ,Cotltcil:fnds that the applicant will pay to exfend tate .City :tti)itles into the site; 'No edditionai capltail facility oosts aro o�poctcd from .the city: The applicant and%r future . . property:bwners will be required 1. Ides; g! Thttt,the proposed rise vill_rio00.0lvc Activit#es or processes, materials, equlptnen# ai d conditiops of opera- lon that will be.detrimental ta'any persons, property or the general welfire:by reAson ;of excessO* M1o00tion ofIroffic, notice, sits -ke, :fu:mes, glare or:odots: >.: The Council 41nds that ..the: ;propose4. deVelopmei�.t..will not involve :rises .that wilE. create nuisances that would :be detrimental to'ihe general weifare of the surrotindln`area. The aroitticil :.recognizes the fact .that :trAffic and no se'tvill Increase with lite approval of this development, however; .whenever undeveloped property is developed -the amount of frafiRc generation .does increase: It: That lite proposed use will not result In the: t esiructi01) :loss or. :am.Agc;of a natgral., ecpnic 011iistorie feattere ebngidered. .to be at':major.ImportApce. . The.Council hinds that the proposed. aeyelopi zei t;wil) not:'result #n the,.fiestruclipii, loss or daitlage oFany natural features) oftnajot ilnpailance. The Council referenced. all public teeh�nony that:wus pro�entcd to dotcrmino whothar or not the proposed. dov�loplaicnt niay destroy.or.d »agc.a natuhal Or scenic kiture;(s)-ofmajor-jlnportance; �� ('rimsnn Maple R7-13-lit 1. nnN C...Up-13-011 PAGE 23 J" ------- -1H EXHIBIT C CRIMSON :MAKE -10MMOOFS. AN in Aq PNIION 1� 77. g' � -77 J. -J. MWARD. I 1 I 1 1 1 1 1 I 1 I 1 1 I 1 I 1 I E FIXHIBff C 00 IMF WMSON MAPLE TOWNHOME9 J.J. H4WA p i i EXHIBIT C ONE-STORY TOWNHOME (SINGLE) 1500 TO 1750 SQ. FEET MAX HEIGHT: 18'--2" 5:12 TRUSSES WITH STANDARD HEELS 9' WALLS," DECKING �A:, Io J.J. HOWARD O�'7Y1[DYhG / 5 11 use sx^.r rrv./M ea. uas W7 e!s uv tlVC fz2l:11 V(: n y p SlI CI - 0_29—�� NA /\ i CRIMSON MAPLE TOVlNHO►AES 13UILDINO ELEVATIONS EXHIBIT C TWO-STORY TOWNHOME (DUPLEX) 1500 TO 2100 SO. FEET PER EACH UNIT MAX HEIGHT: 28'--2" 5:12 TRUSSES WITH STANDARD HEELS 9' WALLS, I" DECKING AND 11-7/8" 2ND FLOOR JOISTS 9 J.J. HOWARD d'GG'lCF7t7.G / Sff, ifY7gC Fne �ra„ars./e:�i.v �ti NY�u uv 0- 0-" IDiv.OESu 91:1111 O Al O I St iI ; SU1CI OWN 9f: I fmcr P IllsJFL 130707 CRIMSON MAPLE. TOWNHOMES BUILDING ELEVATIONS EXHIBIT C ONE-STORY TOWNHOME (DUPLEX) 1500 TO 1750 SQ. FEET PER EACH UNIT MAX HEIGHT: 18'-2" 512 TRUSSES WITH STANDARD HEELS 9' WALLS, DECKING J.J, HOWARD QG47LtRlhC/ SfeS{ftlAV sae n: �x.r..rt/ea. deuvmii;ti sc�u• r,u+ai ins n� 9fEFS: � -- ° I > > CRIMSON MAPLE TOVINHOMES �r+axsr rw. ,so�a� BUILDING ELEVATIONS Meridian City Council Meeting DATE: January 14, 2014 ITEM NUMBER: 4D PROJECT NUMBER: ITEM TITLE: AWARD OF BID AND AGREEMENT WWTP Award of Bid and Approval of Agreement for "Wastewater Treatment Plant (WWTP) Administration and Lab Buildings - Construction, Bid Package 21 Elevators" to Schindler Elevator Corp. for a Not -To -Exceed Amount of $140,000.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST Date: 1/8/2014 REQUESTING DEPARTMENT Engineering Fund: 60 Department: 3500 Construction: X PSA: Project Name: GL Account: 92000 WWTP ADMIN BUILDING - BP21 Elevators Project # 10383.ADM.Y 100571AB.X Task Order: Project Manager: David Allison Department Representative: n/a Contractor/Consultant/Design Engineer: Schindler / SPF Engineering -Johnson Architects Budget Available (Attach Report): Yes Contract Amount: $74,600.00 / $65,500.00 Will the project cross fiscal years? Yes X No Budget Information: FY Budget: 2014 Enhancement #: 111-2 Grant #: n/a Other: n a Type of Grant: n/a CONTRACT CHECKLIST BASIS OF AWARD Low Bidder X Highest Rated (Bid Results Attached) X (Ratings Attached) Typical Award Yes X No If no please state circumstances and conclusion: 10 Day Waiting Period Complete: Yes Master Agreement (Category) Date Award Posted: PW License # PWC -C-11439 Current? (attach print out) Yes Corporation Status (Attach Print out): Goodstanding Insurance Certificates Received (Date): Payment and Performance Bonds Received (Date): Builders Risk Ins. Req'd: Yes X No December 28, 2014 Rating: Rating: A+ If yes, has policy been purchased? Correct Category? Yes Date Submitted to Clerk for Agenda: January 8, 2014 Approved by Council January 14, 2014 Issue Purchase Order No. Date Issued: Issue Notice of Award: Date: Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: David Allison, Jacy Jones Date: 1/8/14 Re: January 14 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following items be placed on the January 14th City Council Consent Agenda. Approval of Award of Bid and Agreement for "WWTP Administration and Lab Buildings - Construction". Bid Package 21 Elevators to Schindler Elevator Corp.for a Not -To -Exceed amount of $140,000.00. This award is the result of the Formal IFB issued September 23, 2013 and opened October 17"'d. Two bids were received for this bid package. Recommended Council Action: Approval of Award of Bid and the Agreement to Schindler Elevator Corp. for the Not -To -Exceed amount of $140,000.00. Thank you for your consideration. 0 Page 1 CE IDIAN*-w--, I D A H O Works Department TO: Keith Watts FROM: 'David Allison Staff Engineer DATE: 11/15/2013 Mayor Tommy de Weerd CKVCmudils, Keith Bird Brad Hoaalun Charles Rountree David Zaremba SUBJECT: Project Information; WWTP NEW ADMINISTRATION BUILDING AND LABORATORY CONSTRUCTION CONTRACTS I. DEPARTMENT CONTACT PERSONS David Allison, Staff Engineer (Project Manager) 489-0370 Clint Dolsby, Asst. City Engineer 489-0341 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Public Works Director 489-0372 II. DESCRIPTION A. Background The Public Works department has completed the design for new the Administration and Laboratory buildings located at the Wastewater Treatment Plant. B. Proposed Project The building construction phase for the new facilities has been bid out and the low bidders have completed and submitted contracting documents. This phase of the project includes all remaining items needed to complete the construction of the new Laboratory and Administration buildings, as well as the tenant improvements and remodeling of the existing Administration Building. III. IMPACT A. Strategic Impact: This project is aligned with the Public Works objective of being opportunistic in planning for growth and infrastructure needs. B. Service/Delivery Impact: The construction of these facilities will help serve the future growth and expansion of the plant and the needs of the customers. Page 1 of 2 C. Fiscal Impacts: Proposed Construction Cost (3500-92000) $5.244.397.00 IV. TIME CONSTRAINTS Execution of the attached contracts is critical in order to begin construction before the winter months arrive and cold weather construction costs are encountered. V. LIST OF ATTACHMENTS A. Contract r Approved for Council Agenda: Warren Stewart Page 2 of 2 11116113 ate /,-,%\ ..g Document Al32"m- 2009 Standard Farm of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition AGREEMENT made as of the I st day of November in the year 2013 (ht li vrds, indicate da}r, month and year: J BETWEEN the Owner: (Name, legal status, address and ether infarutation) City of Meridian 33 E. Broadway Meridian, ID 83642 and the Contractor: (Name, legal status, address drill other i» forination) Schindler Elevator Corp, 743 McGregor Court, Suite 140 Boise, ID 83705 for the following Project: (Ntune, location and detailed description) City of Meridian Waste Water Treatment Plant Improvements 3401 N. Ten Mile Road Meridian, ID 83642 The Construction Manager: (Nance, legal status, address and other inforniatiati) Beniton Construction Co., Inc. P.O. Box 838 Meridian, ID 83680 The Architect: (Marne, legal status, address and other irrfornyation) SPF Water Engineering LLC 300 E. Mallard Drive, Suite 350 Boise, ID 83706 For the purposes of this Agreement, the term Engineer and Architect may be used interchangeably. SPF Water Engineering, LLC is the prime consultant upon execution of the Prime Agreement with the City of Meridian. For the purposes of this Agreement only, the use of the term Architect shall refer to SPF Water Engineering, LLC as the firm. will bear all. rights and responsibilities to perform the services provided hercin per the terms and conditions of the Prime Agreement. Jolmson Architects, PC is the Architect of Record for the project upon execution of Consultant Agreement with SPF Water Engineering, LLC. /"IN The Owner and Contractor agree as follows. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document is Intended to be used in conjunction with AIA Documents A232 m-2009, General Conditions of the Contractfor Construction, Construction Manager as Adviser Edition; B132Tm-2009, Standard Form of Agreement Between Owner and Architect, Construction Manager as Adviser Edition; and C132'm-2009, Standard Form of Agreement Between Owner and Construction Manager as Adviser. AIA Document A232Im-2009 is adopted in this document by reference. Do not use with other general conditions unless this document is modified. ,nit. AIA Document A13271" 2009 formerly A101 T"GMa -1992). Copyright 0 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIADocument is protected by US. copyrigdt Law and International Treaties. Unauthorized reproduction or distribution of this AAA Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent passible t under the taw. This document was produced by AIA software at 10:15:35 on 11105/2013 under Order No.1005957857_I which expires on 01/14/2014, and is not for resale. User Nates: (1432771181) �s TABLE OF ARTICLES 110'\ 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Docuanents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or /0.*N agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fiilly execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. Bid Package #21 — Provide all labor, materials, tools and equipment necessary to complete the Elevators in accordance with Project Plans, Specifications, Addendum No. 1, Addendum No. 2, Addendum No. 3 and the Bid Form for BP #21-. Note: All required forms, information and insurances must be completed and submitted to Beniton Construction before commencement of any work including but not limited to the Request for Contract Information, MSDS, safety program, a list of suppliers and subcontractors, and any additional forms as requested in the specifications. Provide submittals electronically if available, or one (1) clean copy (able to scan) some exceptions may apply. Samples and color charts -mast be provided separately. Contractor shall provide (2) full size copies of approved shop drawings to Beniton. Contractor is responsible to pay all applicable taxes, which are included in the contract price. Contractor is required to provide three (3) hard copies and one (1) electronic copy of closeout information (O&M Manuals, Warranties, etc.) and one (t) complete set of Record Drawings, as requested prior to substantial completion. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION §`3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of cnrfmiencement, if it clif f nw f ono the date gf this Agreement or, 'applicable, state that the date tail/ be fixed in a notice to proceed.) If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: Init. AIA Document A132'" - 2009 fiormeriy A101 ""CMa -1992). Copyright 0 1975,1980, 1992 and 2009 by The American institute of Architects. All rights reserve®. WARNING: This AIADocument is protected by U.S. Copyright Low and International Treaties. Unauthorized reproduction or distribution at this A10 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible / under the law. This document was produced by AlA software at 10:15:35 on 11/05/2013 under Order No.1005957857_1 which expires on 01/14/2014, and is not for resale. User Notes: (1432771181) V ^, t1. /'\ NIA § 3.2 The Contract Time shall be treasured fi•om the date of commencement. § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days fiom the date of commencement, or as follows: (Insert inttnber of calendar dgvs. Ahernatively, a calendar- date nray be used when coorzlinated ivith the date of commencement. Y'appropriate, insert reguir ements, for earlier Subviantial Completion of certain portions orf the Work.) Per Exhibit"C" Portion of the Work Substantial Completion date BP #21 -Elevators Lab Building - August 1, 2014 Admin Building — September 19, 2014 , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert pf ovisions, if any, for liquidated damages relating to faihn a to achieve Substantial Completion on fime 01—fol. bonus pavnfentr for early completion of the Work) IPer Supplementary Conditions ARTICLE 4 CONTRACT SUM § 4.1 The Owner shall pay the Contractor the Contract Sunt in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate bor.) [ X ] Stipulated Sum, in accordance with Section 4.2 below [ ] Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below [ ] Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Bused on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 5.1.4, 5.1.5 or 5.1.6 below) § 42 Stipulated Sunt § 4.2.1 The Stipulated Sum shall be One Hundred Forty Thousand One Hundred and No/100 Dollars ($ 140,100.00` ), subject to additions and deletions as provided in the Contract Documents. Breakdown is as follows: * New Administration Building & Operations Tenant Improvement -- $74,600.00 * New Laboratory Building — $65,500.00 § 4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the number's or other idewi ication of accepted alternates. !fthe bidding oi-pr -oposal documents Permit the 01lnrer to accept other alternates subsequent to the erecution of this Agreement, attach a .schedule of such other alternates showing -the ainount for each and the date when that amount erpZires.) N/A § 4.2.3 Unit prices, if any: (IdentfA, and state the rnrit price, and state the quantitlT limitations, if any, -to which the unit price will beappslicable) AIA Document A132m - 2009 formerly A101 TM Ma -19921. Copyright tri#. reserved. WA tNINGt This AfA� Document Is protected by U.S. Copyright this Al a Document, or any portion of it, may result In severe civil and cr t under the law. This document was produced by AIA software at 10:15 35 on 1 not for resale. User Notes: 1980, 1992 and 2009 by The American institute of Architects. All rights v and International Trestles. Unauthorized reproduction or distribution of of penalties, and will be prosecuted to the maximum extent possible 12013 under order' No. 1005957857_1 which expires on 01/14/2014, and is (1432771181) Vs Item N/A Units and Limitations Price per Unit ($0.00) §'4.2.4 Allowances included in the Stipulated Sum, if any: (Identifj, allots ante and state exchisions, ifagI,,, fi'orn the allowance price.) Item N/A Allowance § 4.3 Cost of the Work Pius Contractor's Fee without a Guaranteed Maximum Price This section has been deleted as it docs not apply to this "Stipulated Sum" contract (See Paragraph 4.2) (Paragral)h deleted) (Table deleted) (Par ig aphs deleted) § 4.4 Cost of the Work Pius Contractor's Fee with a Guaranteed Maximum Price This section has been deleted as it does notapply to this "Stipulated Suni" contract (See Paragraph 4.2) (Paragraphs deleted) (Table deleted') (Paragraphs deleted) (Table deleted) (Paragi aphs deleted) ARTICLE 5 PAYMENTS 5.1 Progress Payments 5.1.1 Based upon Applications for Payment submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificate for Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall 1#110m make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. §'5.1.3 Provided that an Application for Payment is received by the Construction Manager not later than the 25th day of a month, the Owner shall make payment of the certified amount in the Application for Payment to the Contractor not later than the 30th day of the following month. If an Application for Payment is received by the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than sixty ( 60 ) days after the Construction Manager receives the Application for Payment. (Federal, state err local latae mqj) require pco lment withhi a certain period of tirne.) § 5.1.4 Progress Payments Where the Contract Sutra is Based on a Stipulated Sum § 5.1.4.1 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shad allocate the entire Contract Sum among the various potations of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the endofthe period covered by t11e Application for Payment. § 5.1.4.3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sunt properly allocable to completed Work as determined by multiplying tile percentage completion of each portion of tiie Work by the share of the total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of five percent ( 5 Mit, AIA Document A132r"' — 2009 ttormerfy A1d1 •"CMa -1992). Copyright ©1975,1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Craw and International Treaties. Unauthorized reproduction or distribution of this AIO Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible i under the few. This document was produced by AIA software at 10:15:35 on 11/05/2013 under Order No.1005957857_1 which expires on 01/14/2014, and Is not for resale. User Notes: (1432771181) %). Pending final determination of cost to the Owner of changes in Work, amounts not in dispute r\ may be included as provided in Section 7.3.9 of the General Conditions; .2 Add that portion of the Contract Stun properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of five percent ('5 %) .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of the General Conditions. § 5.1.4.4 The progress payment amount determined in accordance with Section 5.1.4.3 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to ninety-five percent ( 95 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Section 9. 10.3 of the General Conditions. § 5,1.4.5 Reduction or limitation of retainage, if any, shall be as follows: ((f it is intended, prior to Substantial Completion( rat the entire Work, to reduce or f unit rlre retainage resulting, fi•oin thepeiventages inserted in Sectiones 5.1.4.3.1 acrd 5.1.4.3.2 above; and this is riot e.Yplaitned elcertlic*r•e in the Conti -act Documents, insert hel'e pi ovisions for' such l`eduction or' limitation.) N/A § 5.1.5 Progress Payments Where the Contract Sum is Based on the Cost of the Work without a Guaranteed Maximum Price 11� 1 This section has been deleted as it docs not apply to this "Stipulated Sum" contract (See Paragraph, 5.1.4) (Paragraphs deleted) § 5.1.6 Progress Payments Where the Contract Sum is Based on the Cost of the Work with a Guaranteed Maximum Price This section has been deleted as it docs not apply to this "Stipulated Sunt" contract (See Paragraph S. 1.4) (Paragraphs deleted) 5.2 Final Payment § 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when 1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Section 12.2 of AIA Document A232-2009, and to satisfy other requirements, if any, which extend beyond final payment; 2 the Contractor has submitted a final accounting for tine Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment;. and .3 a final Certificate for Payment or Project Certificate for Payment has been issued by tine Architect; such final payment shall be (made by the Owner not more than 30 days atter the issuance of the final Certificate for Payment or Project Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AJA Document A232--2009, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the par ties inutual/y agree, insert the naive, address and other contact information of the Initial Decision Maker, �\ n'f other than the Architect.) [nit AIA Document Al 32111 — 2009 Lformerly A101 T"CMa-1992). Copyright @ 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIRF Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent passible f under the law. This document was produced by AiA software at 10:15:35 on 11105/2013 under Order No.1005957857.1 which expires on01114/2014, and is not for resale. - - — User Notes: (1432771181) P § 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232-2009, the method of binding dispute resolution shall be as follows: (Check the appropriate box. ff the Owner and Contractor do not select a inethod of binding dispute resolution below; oi-do not subsequenll)) agree in tiv ting to o binding dispute resolution method other than litigation, Claims will be i-esolved hl litigation in a court c f competent jin•isdiction.) [ ] Arbitration; pursuant to Section 15A of AIA Document A232-2009. [ X ] Litigation in a court of competent jurisdiction. [ ] Other. (Specih?) ARTICLE 7 TERMINATION OR SUSPENSION § 7.1 Where the Contract Sum Is a Stipulated Sum § 7.1.1 The Contract may be terminated by tire Owner or the Contractor as provided in Article 14 of AIA Document A232-2009. § 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009. § 7.2 Where the Contract Sum is Based on the Cost of the Work with or without a Guaranteed Maximum Price This section has been deleted as it does not apply to this "Stipulated Sum" contract (See Paragraph 7.1) (Pat-agraphs deleted) ARTICLE 8 MISCELLANEOUS PROVISIONS § 8.1 Where reference is made in this Agreement to a provision of AIA Document A232-2009 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing fi•om time to time at the place where the Project is located. (Insert rate of interest agreed upon, 'any.) Zero percent (0 %) § 8.3 The Owner's representative: (Name, address and other- it forestation) Beniton Construction Co., Inc. Bryce Parker FO, Box 838 Meridian, ID 83680 § 84 The Contractor's representative: (Name, address and other irforination) Schindler Elevator Corp. Pete Skov 743 McGregor Court, Suite 140 Boise, ID 83705 § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. §°8.6 Other provisions: Init. AIA Document A1321" - 2009 (formerly AIOICMa-1992).Copyright ®1975,1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING; This Me Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible t under the law. This document was produced by AiA software at 10:15:35 on 11/05/2013 under Order No.1005957857 1 which expires on 01/14/2014, and is not for resale. User Notes: (1432771181) �S �1 Init. N/A ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated_ in the sections below. § 9.1.1 The Agreement is this executed AIA Document A] 32-2009, Standard Form of Agreement Betwecn Owner and Contractor, Construction Manager as Adviser Edition. § 9.1.2 The General Conditions are, AIA Document A232-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. § 9.1.3 The Supplementary and other Conditions of the Contract are those contained in die Prgiect Manual, per attached Exhibit "A" (Table deleted) § 9.1.4 The Specifications: (Either list the Specifications here =or >•efer to an exhibit attached to this Agreement.) Per Exhibit "A" (Table deleted) § 9.1.5 The Drawings: (Either list the Drawings here or refer to an exhibit attached to this Agmetnent.) Per Exhibit "B" (Table deleted) § 9.1.6 The Addenda, if any: Number Per Exhibit "A" Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9, 9.1.7 Additional documents, if any, forming part of the Contract Documents are: (Paragraphs deleted) Other documents, if any, listed below: (List het -e any. additional documents which are hilended to f rm part q f the Contract Documents. AM Docinnent A232-1009 pr=ovides that bidding requimnwnts such as advertiseutew or h7vitation to bid, In.vtrtrc'tions to Bidder v, sample furans and the Conti -actors bid 'a1 e not part of the Coi7tt'act Documents unless entunerated in this Agreement. TheI1 should be listed here only if intended to he part c f'the Contract Documents.) Exhibit "I" and Sample Certificate - Insurance Requirements Request for Contract Information * WH -5 Form Affidavit Concerning Taxes Application for Payment and Schedule of Values ARTICLE 10 INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article I I of AIA Document A232-2009. (State bonding r=equirements, if anP, and limits of7iabilio for insurance required in rlr-tide I I (?f,414 Doctmrew A231-2009,) Type of Insurance or Bond Insurance per attached Exhibit "I" Payment & Performance Bonds AIA Document A132- — 2009 formerly A101 TmCMa —1992), G reserved. WARNING: This AIA Document is protected by UA this Ale Document, or any portion of it, may result in severe under the law. This document was produced by AIA software at i not for resale. User Notes: Limit of Liability or Bond Amount 100°!o of the Contract Amount {see Supplementary 0 1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights ight Law and International Treaties. Unauthorized reproduction or distribution of % dcriminal penalties, and will be prosecuted to the maximum extent possible on 11/05/2013 under Order No.1005957857_1 which expires on 01/1412014, and is (1432771181) �j /"\ Instructions to Bidders for delivery requirement) This Agreement is entered into as of the day and year first written above. OWNE Signature) m n -0 - (Printed N(Printed nam) and title) name and title) [nit. AIA Document A132- — 2009 Vonnerly A101-CMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American institute of Architects. All rights reserve® WARNING: This AIA Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 8 / under the law. This document was produced by AIA software at 10:15:35 on 11/05/2013 under Order No.1005957857_1 which expires on 01/14/2014, and is not for resale. User Notes: (1432771181) V< CITY OF MERIDIAN WASTEWATER TREATMENT PLANT ADMIN., LAB & CONTROL BUILDINGS PACKAGE n EXHIBIT "A" SPECIFICATIONS & ADDENDA Invitation to Bid 1 Notice to Bidders 4 AIA A701 Instructions to Bidders 6 Supplementary Instructions to Bidders 4 Bid Forms Table of Contents 1 Bid Forms 51 Project Schedule 4 AIA A132 Standard Form of Agreement Between Owner and Contractor 8 Supplement to Agreement 2 AIA A232 General Conditions of the Contract 43 Supplementary Conditions 5 Exhibit I — Insurance Requirements & Sample Certificate 2 Contractor's Affidavit Concerning Taxes 1 Public Works Contract Tax Report (WH -5) 2 DIVISION 1 - GENERAL REQUIREMENTS 011000 Summary of Work 1 012900 Price and Payment Procedures 4 /01 013100 Project Management and Coordination 4 013300 Submittal Procedures 2 Submittal Form 1 014200 References 4 014500 Quality Control 4 015000 Temporary Facilities and Controls 9 016000 Product Requirements 2 FORM Substitution Request Form 1 017300 Execution 6 017320 Cutting and Patching 3 017700 Closeout Procedures 4 O&M Instruction Form 1 DIVISION 2 — EXISTING CONDITIONS 024116 Structure Demolition 8 024119 Selective Demolition 8 DIVISION 3 — CONCRETE 033000 Cast -In -Place Concrete 26 033510 Ground Concrete Finishing 3 DIVISION 4 — MASONRY 042000 Unit Masonry 8 042613 Masonry Veneer 14 Pagel of 4 DIVISION 5 — METALS 051200 Structural Steel Framing 11 053100 Steel Decking 7 054000 Cold -Formed Metal Framing 12 054400 Cold -Formed Metal Trusses 6 055000 Metal Fabrications 13 055113 Metal Pan Stairs 9 055213 Pipe and Tube Railings 10 057313 Glazed Decorative Metal Railings 8 /"'N DIVISION 6 —WOODS, PLASTICS, AND COMPOSITES 061053 Miscellaneous Rough Carpentry 8 061600 Sheathing 8 064116 Plastic -Laminate -Faced Architectural Cabinets 7 DIVISION 7 — THERMAL AND MOISTURE PROTECTION 072100 Thermal Insulation 8 072413 Cementitious Finish Over Exterior Insulation System 16 072414 Pre -Coated Foam Architectural Details 6 072500 Weather Barriers 3 072726 Fluid -Applied Membrane Air Barriers 10 074113.16 Standing -Seam Metal Roof Panels 12 074213.13 Formed Metal Wail Panels 10 074213.53 Metal Soffit Panels 9 075423 Thermoplastic Polyolefin (TPO) Roofing 14 076200 Sheet Metal Flashing and Trim 14 077200 Roof Accessories 9 078413 Penetration Firestopping 7 078446 Fire -Resistive Joint Systems 5 079200 Joint Sealants 11 079219 Acoustical Joint Sealants 4 VOLUME 2 OF 2 DIVISION 8 — OPENINGS 081113 Hollow Metal Doors and Frames 10 081125 Aluminum Frames 4 081416 Flush Wood Doors 8 083323 Overhead Coiling Doors 7 083326 Overhead Coiling Grilles 7 083483 Elevator Door Smoke Containment System 5 084113 Aluminum -Framed Entrances and Storefront 15 085113 Aluminum Windows 8 087100 Door Hardware 29 088000 Glazing 12 088300 Mirrors 6 089119 Fixed Louvers 7 Page 2 of 4 le \' DIVISION 9 — FINISHES 092116.23 Gypsum Board Shaft Wall Assemblies 6 092216 Non -Structural Metal Framing 8 092900 Gypsum Board 12 093013 Ceramic Tiling 11 095113 Acoustical Panel Ceilings 10 095423 Linear Metal Ceilings 10 096513 Resilient Base and Accessories 6 096543 Linoleum Flooring 6 096723 Resinous Flooring 7 096813 Tile Carpeting 6 099110 Painting 10 DIVISION 10 —SPECIALTIES 101419 Dimensional Letter Signage 6 101423 Panel Signage 10 102113.13 Metal Toilet Compartments 7 102239 Folding Panel Partitions 10 102600 Wall and Door Protection 6 102800 Toilet, Bath, and Laundry Accessories 6 104413 Fire Protection Cabinets 5 104416 Fire Extinguishers 3 105113 Metal Lockers 9 107516 Ground -Set Flagpoles 3 DIVISION 11— EQUIPMENT 115313 Laboratory Fume Hoods 14 DIVISION 12 — FURNISHINGS 122413 Roller Window Shades 6 123623.13 Plastic Laminate -Clad Countertops 6 123653 Laboratory Countertops 4 123661 Simulated Stone Countertops 3 129300 Site Furnishings 2 DIVISION 13 — SPECIAL CONSTRUCTION (NOT USED) DIVISION 14 — CONVEYING EQUIPMENT 142400 Hydraulic Elevators 14 DIVISION 21 — FIRE SUPPRESSION 210000 Fire Suppression 5 Page 3 of 4 PY DIVISION 22 — PLUMBING 220000 Plumbing General Requirements 7 220100 Plumbing 12 DIVISION 23 — HEATING VENTILATION AND AIR CONDITIONING 230000 HVAC General Requirement g 230100 HVAC 74 230350 Laboratory Ventilation Control 16 230900 Instrumentation and Controls 10 DIVISION 26 — ELECTRICAL 260500 Electrical General Provisions 5 260501 Field Test and Operational Check 6 260502 Short -Circuit -Coordination Study -Arc Flash Hazard Analysis 8 260519 Conductors and Cables 4 260526 Grounding 6 260533 Raceways and Boxes 9 260543 Underslab and Underground Electrical Work 2 260923 Lighting Control Devices 5 262416 Panelboards 7 262726 Wiring Devices 4 262815 Disconnect Switches 2 265100 Interior Lighting 8 266000 Electrical Demolition and Repair 2 271101 Telecom Raceway Systems 2 271500 Telecommunications Cabling 12 283111 Fire Alarm System 13 DIVISION 31— EARTHWORK 311000 Site Clearing 7 312000 Earth Moving 17 312319 Dewatering 5 DIVISION 32 — EXTERIOR IMPROVEMENTS 321313 Concrete Paving 13 321373 Concrete Paving Joint Sealants 4 321400 Concrete Unit Paving 4 321500 Paver Pedestal System 7 321726 Tactile Warning Surfacing 4 328400 Planting Irrigation 13 329200 Turf and Grasses 4 329300 Plants 7 ADDENDA Addendum No. 1, dated 10/4/2013 Addendum No. 2, dated 10/9/2013 Addendum No. 3, dated 10114/2013 27 29 41 Page 4 of 4 -F3 City of Meridian - Waste Water Treatment Plant Improvements 3401 N. Ten Mile Road, Meridian, ID 83642 Exhibit "B" Page 1 of 7 F) CONSTRUCTION DRAWINGS SHEET # DESCRIPTION DATED Admin A0.0 A0.0 Cover Sheet 09/09/2013 Admin A0.1 A0.1 Energy Compliance 09/09/2013 Admin A0.2A AU.2A Code Analysis 09/09/2013 Admin A0.2B A0.2B Code Analysis 09/09/2013 Admin A0.3A A0.3A Accessibili Access & Signage Plan 09/09/2013 Admin A0.3B A0.3B Accessibility Access & Signage Plan 09/09/2013 Admin A0.4A A0.4A Assemblies 09/09/2013 Admin A0.4B A0.4B Assemblies 09/09/2013 Admin A1.1 Al. 1 Site Plan 09/09/2013 Admin A1.2 A1.2 Exterior Ramp & Steps 09/09/2013 Admin A1.3 A1.3 Site Details 09/09/2013 Admin Al0.1 A10.1 Millwork Details 09/09/2013 Admin A10.2 Al 0.2 Millwork Details 09/09/2013 Admin Al 0.3 A10.3 Millwork Details 09/09/2013 Admin A2.1 A2.1 Floor Plan - First Level 09/09/2013 Admin A2.2 A2.2 Floor Plan - Second Level 09/09/2013 Admin A2.3 A2.3 Floor Plan - Third Level 09/09/2013 Admin A2.4 A2.4 Roof Plan 09/09/2013 Admin A3.1 A3.1 Door & Frame Schedule 09/09/2013 Admin A3.2 A3.2 Window Schedule 09/09/2013 Admin A3.3 A3.3 Fixture Schedule 09/09/2013 Admin A3.6 A3.6 Enlarged Plans - Restrooms 09/09/2013 Admin A3.7 A3.7 Enlarged Floor Plans - Stair #1 09/09/2013 Admin A3.8 A3.8 Enlarged Plans - Stair #2 09/09/2013 Admin A4.1 A4.1 Finish Plan - First Level 10/04/2013 Admin A4.2 A4.2 Finish Plan - Second Level 10/04/2013 Admin A4.3 A4.3 Finish Plan - Third Level 09/09/2013 Admin A5.1 A5.1 Reflected Ceiling Pian - First Level 09/09/2013 Admin A5.2 A5.2 Reflected Ceiling Plan - Second Level 10/14/2013 Admin A5.3 A5.3 Reflected Ceiling Plan - Third Level 10/14/2013 Admin A6.1 A6.1 Exterior Elevations 09/09/2013 Admin A6.2 A6.2 Exterior Elevations 09/09/2013 Admin A7.1 A7.1 Building Sections 09/09/2013 Admin A7.2 A7.2 Building Sections 09/09/2013 Admin A7.3 A7.3 Building Sections 09/09/2013 Admin A7.6 A7.6 Stair Sections - Stair #1 09/09/2013 Admin A7.7 A7.7 Stair Sections - Stair #2 09/09/2013 Admin A8.1 A8.1 Interior Elevations - Restrooms 09/09/2013 Admin A8.2 A8.2 Interior Elevations - Restrooms 09/09/2013 Admin A8.3 IA8.3 Interior Elevations - Restrooms 09/09/2013 Admin A8.4 JA8.4 Interior Elevations 09/09/2013 Admin A9.1 JA9.1 Details 1-19 09/09/2013 Page 1 of 7 F) Admin A9.2 A9.2 Details 20-32 09/09/2013 Admin A9.3 A9.3 Details 33-51 09/09/2013 Admin A9.4 A9.4 Details 52-71 09/09/2013 Admin A9.5 A9.5 Details(72-90)_09/09/2013 Admin A9.6 A9.6 Details 91-160 09/09/2013 Admin A9.7 A9.7 Details 107-123 09/09/2013 Admin A9.8 A9.8 Details 124-140 09/09/2013 Admin E0.0 E0.0 Electrical Coversheet 09/09/2013 Admin E0.1 E0.1 Lighting Compliance Report 09/09/2013 Admin E1.0 E1.0 Electrical Site Plan 09/09/2013 Admin E2.1.1 E2.1.1 Fire Alarm Plan -First Floor 09/09/2013 Admin E2.1.2 E2.1.2 Lighting Plan - First Level 09/09/2013 Admin E2.1.3 E2.1.3 Mechanical Power Plan - First Level 09/09/2013 Admin E2.1.4 E2.1.4 Power Plan - First Level 09/09/2013 Admin E2.1.5 E2.1.5 Special Systems Plan - First Level 09/09/2013 Admin E2.2.1 E2.2.1 Fire Alarm Plan - Second Level 09/09/2013 Admin E2.2.2 E2.2.2 Lighting Plan - Second Level 09/09/2013 Admin E2.2.3 E2.2.3 Mechanical Power Plan - Second Level 09/09/2013 Admin E2.2.4 E2.2.4 Power Plan - Second Level 09/09/2013 Admin E2.2.5 E2.2.5 Special Systems Plan - Second Level 09/09/2013 Admin E2.3.1 E2.3.1 Fire Alarm Plan - Third Level 09/09/2013 Admin E2.3.2 E2.3.2 Lighting Plan - Third Level 09/09/2013 Admin E2.3.3 E2.3.3 Mechanical Power Plan - Third Level 09/09/2013 Admin E2.3.4 E2.3.4 Power Plan - Third Level 09/09/2013 Admin E2.3.5 E2.3.5 Special Systems Plan - Third Level 09/09/2013 Admin E3.1 E3.1 Electrical Roof Plan 09/09/2013 Admin E4.1 E4.1 One -Line Diagram 09/09/2013 Admin E5.1 E5.1 Electrical Schedules 09/09/2013 Admin E5.2 E5.2 Electrical Schedules 09/09/2013 Admin E6.1 E6.1 Electrical Details 09/09/2013 Admin L1.1 L1.1 Landscape Plan 09/09/2013 Admin L2.1 L2.1 Irra ation Plan 09/09/2013 Admin L2.2 L2.2 Irra ation Notes/Details 09/09/2013 Admin L2.3 L2.3 Irra ation Details 09/09/2013 Admin LG0.01 LG0.01 Structural Cover Sheet 10/02/2013 Admin LG0.02 LG0.02 Structural Design Notes 10/02/2013 Admin LG0.03 LG0.03 Structural Design Notes 10/02/2013 Admin LG1.01 LG1.01 Light Gauge Floor Plan 10/02/2013 Admin LG2.01 LG2.01 Elevations 10/02/2013 Admin LG2.02 LG2.02 Elevations 10/02/2013 Admin LG3.01 LG3.01 Sections 10/02/2013 Admin LG3.02 LG3.02 Sections 10/02/2013 Admin LG3.03 LG3.03 Sections 10/02/2013 Admin LG3.04 LG3.04 Sections 10/02/2013 Admin LG3.05 LG3.05 Sections 10/02/2013 Admin LG5.01 LG5.01 Exterior Light Gauge Typical Details 10/02/2013 Admin LG5.02 LG5.02 Exterior Light Gauge Typical Details 10/02/2013 Admin LG5.03 LG5.03 Exterior Light Gauge Typical Details 10/02/2013 Page 2 of 7 n Page 3 of 7 Admin LG5.04 LG5.04 Exterior Light Gauge Typical Details 10/02/2013 Admin M1.1 M1.1 HVAC Plan - First Level 09/09/2013 Admin M1.2 M1.2 HVAC Plan - Second Level 09/09/2013 Admin M1.3 M1.3 HVAC Plan - Third Level 09/09/2013 Admin MIA M1.4 HVAC Plan - Roof 09/09/2013 Admin M2.1 M2.1 H dronic Plan - First Level 09/09/2013 Admin M2.2 M2.2 H dronic Plan - Second Level 09/0912013 Admin M2.3 M2.3 H dronic Plan - Third Level 09/09/2013 Admin M3.1 M3.1 3D HVAC System 09/09/2013 Admin M4.1 M4.1 Piping Schematic 09/09/2013 Admin M5.1 M5.1 Control Schematics 09/09/2013 Admin M5.2 M5.2 Controls Schematics 09/09/2013 Admin M6.1 M6.1 HVAC Details 09/09/2013 Admin M6.2 M6.2 HVAC Details 09/09/2013 Admin M7.1 M7.1 HVAC Schedules 09/09/2013 Admin M7.2 M7.2 HVAC Schedules 09/09/2013 Admin MC1.0 MC1.0 Mechanical Cover Sheet 09/09/2013 Admin MC1.1 MC1.1 Mechanical Comcheck 09/09/2013 Admin MC1.2 MC1.2 HVAC Zone Plans 09/09/2013 Admin P1.0 P1.0 Plumbing Plan - Foundation 09/09/2013 Admin P1.1 P1.1 Plumbing Plan - First Level 09/09/2013 Admin P1.2 P1.2 Plumbin Plan - Second Level 09/09/2013 Admin P1.3 P1.3 Plumbing Plan - Third Level 09/09/2013 Admin P2.1 P2.1 Plumbing Riser Diagrams 09/09/2013 Admin P3.1 P3.1 Plumbin Details 09/09/2013 Admin P4.1 P4.1 Plumbing Schedules 09/09/2013 Admin S0.01 S0.01 Structural Cover Sheet 10/02/2013 Admin S0.02 S0.02 Structural Design Notes 10/02/2013 Admin S0.03 S0.03 Structural Design Notes 10/02/2013 Admin S0.04 S0.04 Structural Design Notes 10/02/2013 Admin S0.05 S0.05 Structural Design Notes 10/02/2013 Admin S1.01 S1.01 Foundation Plan 10/02/2013 Admin S1.02 S1.02 Second Level Framing Plan 10/02/2013 Admin S1.03 S1.03 Low Roof Framing Plan 10/02/2013 Admin S1.04 S1.04 Third Level Framing Plan 10/02/2013 Admin S1.04A S1.04A Shearwall And Holddown Plan 10/02/2013 Admin S1.05 S1.05 High Roof Framing Plan 10/02/2013 Admin S2.01 S2.01 Enlarged Plans 10/02/2013 Admin S2.02 S2.02 Stair Framin T pical Details 10/02/2013 Admin S3.01 S3.01 Elevations 10/02/2013 Admin S3.51 S3.51 Brace Frame Schedules 10/02/2013 Admin S4.01 S4.01 Schedules 10/02/2013 Admin S4.02 S4.02 Schedules 10/02/2013 Admin S5.01 S5.01 Foundation Typical Details 10/02/2013 Admin S5.02 S5.02 Foundation Typical Details 10/02/2013 Admin S5.03 S5.03 Concrete Typical Details 10/02/2013 Admin S5.21 S5,2T Structural Steel Typical Details 10/02/2013 Admin S5.22 S5.22 Structural Steel Typical Details 10/02/2013 Page 3 of 7 /'1 Admin S5.31 S5.31 Steel Stud Typical Details 10/02/2013 Admin S5.32 85.32 Steel Stud Typical Details 10/02/2013 Admin S5.33 S5.33 Steel Stud Typical Details 10/02/2013 Admin S6.01 S6.01 Foundation Details 10/02/2013 Admin S6.02 S6.02 Foundation Details 10/02/2013 Admin S7.01 S7.01 Floor Framing Details 10/02/2013 Admin S7.02 S7.02 Floor Framing Details 10/02/2013 Admin S8.01 S8.01 Roof Framing Details 10/02/2013 Admin S8.02 S8.02 Roof Framing Details 10/02/2013 Controls A0.0 A0.0 Cover Sheet 09/09/2013 Controls A0.1 A0.1 Energy Compliance 09/09/2013 Controls A0.2 A0.2 Code Analysis 09/09/2013 Controls A0.3 A0.3 Accessibility Access & Signage Plan 09/09/2013 Controls A0.4 A0.4 Assemblies 09/09/2013 Controls A10.1 Al0.1 Millwork Details 09/09/2013 Controls A2.0 A2.0 Demolition Plan 09/09/2013 Controls A2.1 A2.1 Floor Plan 09/09/2013 Controls All All Schedules 09/09/2013 Controls A3.6 A3.6 Enlarged Floor Plans 09/09/2013 Controls A4.1 A4.1 Finish Plan - First Level 09/09/2013 Controls A5.1 A5.1 Reflected Ceiling Plan 09/09/2013 Controls A8.1 A8.1 Interior Elevations 09/09/2013 Controls A8.2 A8.2 Interior Elevations 09/09/2013 Controls A9.1 A9.1 Details 09/09/2013 Controls E0.0 E0.0 Electrical Cover Sheet 09/09/2013 Controls E1.1 E1.1 Electrical Demolition Plan 10/09/2013 Controls E2.1 E2.1 Fire Alarm Plan 09/09/2013 Controls E2.2 E2.2 Li htin Plan 09/09/2013 Controls E2.3 E2.3 Mechanical Power Plan 09/09/2013 Controls E2.4 E2.4 Power Plan 09/09/2013 Controls E2.5 E2.5 Special Systems Plan 10/09/2013 Controls E3.1 E3.1 One -Line Dia ram/Electrical Details/Schedules 09/0912013 Controls M1.1 M1.1 HVAC Demolition Plan 09/09/2013 Controls M2.1 M2.1 New HVAC Floor Plan 09/09/2013 Controls M3.1 M3.1 HVAC Details 09/09/2013 Controls M4.1 M4.1 HVAC Schedules 09/09/2013 Controls MC1.0 MC1.0 Mechanical Cover Sheet 09/09/2013 Controls P1.1 P1.1 Plumbing Demolition Plan 09/09/2013 Controls P2.1 P2.1 New Plumbin Floor Plan 09/09/2013 Controls P3.1 P3.1 Plumbing Schedules And Details 09/09/2013 Controls P4.1 P4.1 Plumbing Schedules And Details 09/09/2013 Lab A0.0 A0.0 Cover Sheet 09/09/2013 Lab A0.1 A0.1 Energy Compliance 09/09/2013 Lab A0.2 A0.2 Code Analysis 09/09/2013 Lab A0.3A A0.3A Accessibility Access & Signage Plan 09/09/2013 Lab A0.3B A0.3B Accessibility Access & Signage Plan 09/09/2013 Lab A0.4A A0.4A Assemblies 09/09/2013 Lab A0.4B A0.4B Assemblies 09/09/2013 Page 4 of 7 ll � Page 5 of 7 Lab Al. 1 Al A Site Plan 09/09/2013 Lab A10.1 A10.1 Millwork Details 09/09/2013 Lab A10.2 A10.2 Millwork Details 09/09/2013 Lab Al 0.3 A10.3 Millwork Details 09/09/2013 Lab A2.1 A2.1 Floor Plan - First Level 09/09/2013 Lab A2.2 A2.2 Floor Plan - Second Level 09/09/2013 Lab A2.3 A2.3 Roof Plan 09/09/2013 Lab A3.1 A3.1 Door & Frame Schedule 09/09/2013 Lab A3.2 A3.2 Window Schedule 09/09/2013 Lab A3.3 A3.3 Fixture Schedule 09/09/2013 Lab A3.6 A3.6 Enlarged Plans - Restrooms 09/09/2013 Lab A3.7 A3.7 Enlarged Floor Plans - Stair #1 09/09/2013 Lab A3.8 A3.8 Enlarged Floor Plans - Stair #2 09/09/2013 Lab A3.9 IA3.9 Enlarged Floor Plan - Lab 09/09/2013 Lab A4.1 A4.1 Finish Plan - First Level 10/04/2013 Lab A4.2 A4.2 Finish Plan - Second Level 09/09/2013 Lab A5.1 A5.1 Reflected Ceiling Plan - First Level 09/09/2013 Lab A5.2 A5.2 Reflected Ceiling Plan - Second Level 09/09/2013 Lab A6.1 A6.1 Exterior Elevations 09/09/2013 Lab A6.2 A6.2 Exterior Elevations 09/09/2013 Lab A7.1 A7.1 Building Sections 09/09/2013 Lab A7.2 A7.2 Building Sections 09/09/2013 Lab A7.3 A7.3 Building Sections 09/09/2013 Lab A7.6 A7.6 Stair Sections - Stair #1 09/09/2013 Lab A7.7 A7.7 Stair Sections -Stair #2 09/09/2013 Lab A8.1 A8.1 Interior Elevations 09/09/2013 Lab A8.2 A8.2 Interior Elevations 09/09/2013 Lab A8.3 A8.3 Interior Elevations 09/09/2013 Lab A8.4 A8.4 Interior Elevations 09/09/2013 Lab A8.5 A8.5 Interior Elevations - Restrooms 09/09/2013 Lab A9.1 A9.1 Details 1-19 09/09/2013 Lab A9.2 A9.2 Details 20-32 09/09/2013 Lab A9.3 A9.3 Details 33-51 09/09/2013 Lab A9.4 A9.4 Details 52-71 09/09/2013 Lab A9.5 A9.5 Details 72-90 09/09/2013 Lab A9.6 A9.6 Details 91-105 09/09/2013 Lab A9.7 A9.7 Details 106-123 09/09/2013 Lab A9.8 A9.8 Details 124-140 09/09/2013 Lab E0.0 E0.0 Electrical Cover Sheet 09/09/2013 Lab E0.1 E0.1 Lighting Compliance Report 09/09/2013 Lab E1.0 E1.0 Electrical Site Plan 09/09/2013 Lab E2.1.1 E2.1.1 Fire Alarm Plan - First Level 09/09/2013 Lab E2.1.2 E2.1.2 Lighting Plan - First Level 09/09/2013 Lab E2.1.3 E2.1.3 Mechanical Power Plan - First Level 09/09/2013 Lab E2.1.4 E2.1.4 Power Plan - First Level 09/09/2013 Lab E2.1.5 E2.1.5 Special Systems Plan - First Level 09/09/2013 Lab E2.2.1 E2.2.1 Fire Alarm Plan - Second Floor 09/09/2013 Lab E2.2.2 E2.2.2 Lighting Plan - Second Floor 09/09/2013 Page 5 of 7 /� Page 6 of 7 FS Lab E2.2.3 E2.2.3 Mechanical Power Plan - Second Floor 09/09/2013 Lab E2.2.4 E2.2.4 Power Plan - Second Floor 09/09/2013 Lab E2.2.5 E2.2.5 Special Systems Plan - Second Floor 09/09/2013 Lab E3.1 E3.1 Electrical Roof Plan 09/09/2013 Lab E4.1 E4.1 One -Line Diagram 09/09/2013 Lab E5.1 E5.1 Electrical Schedules 09/09/2013 Lab E6.1 E6.1 Electrical Details 09/09/2013 Lab L1.1 L1.1 Landscape Plan 09/09/2013 Lab L2.1 L2.1 Landscape Plan 09/09/2013 Lab L2.2 L2.2 Irrigation Details 09/09/2013 Lab M0.1 M0.1 HVAC Demolition Plan 09/09/2013 Lab M1.1 M1.1 HVAC Plan - First Level 09/09/2013 Lab M1.2 M1.2 HVAC Plan - Second Level 09/09/2013 Lab M1.3 M1.3 HVAC Roof Plan 09/09/2013 Lab M2.1 M2.1 H dronic Plan - First Level 09/09/2013 Lab M2.2 M2.2 H dronic Plan - Second Level 09/09/2013 Lab M3.1 M3.1 3D HVAC System 09/09/2013 Lab M4.1 M4.1 Mechanical Piping Schematic 09/09/2013 Lab M5.1 M5.1 HVAC Controls 09/09/2013 Lab M5.2 M5.2 HVAC Controls 09/09/2013 Lab M5.3 M5.3 HVAC Controls 09/09/2013 Lab M5.4 M5.4 HVAC Controls 09/09/2013 Lab M5.5 M5.5 HVAC Controls 09/09/2013 Lab M5.6 M5.6 HVAC Controls 09/09/2013 Lab M5.7 M5.7 HVAC Controls 09/09/2013 Lab M6.1 M6.1 HVAC Details 09/09/2013 Lab M6.2 M6.2 HVAC Details 09/09/2013 Lab M6.3 M6.3 HVAC Details 09/09/2013 Lab M6.4 M6.4 HVAC Details 09/09/2013 Lab M7.1 M7.1 HVAC Schedules 09/09/2013 Lab M7.2 M7.2 HVAC Schedules 09/09/2013 Lab M7.3 M7.3 HVAC Schedules 09/09/2013 Lab M7.4 M7.4 HVAC Schedules 09/09/2013 Lab M7.5 M7.5 HVAC Schedules 09/09/2013 Lab MC1.0 MC1.0 Mechanical Cover Sheet 09/09/2013 Lab MC1.1 MC1.1 Mechanical COMCheck 09/09/2013 Lab P1.0 P1.0 Plumbing Plan - Foundation 09/09/2013 Lab P1.1 P1.1 Plumbing Plan - First Level 09/09/2013 Lab P1.2 P1.2 Plumbing Plan - Second Level 09/09/2013 Lab P3.1 P3.1 Plumbing Details 09/09/2013 Lab P4.1 P4.1 Plumbing Schedules 09/09/2013 Lab S0.01 S0.01 Structural Cover Sheet 10/02/2013 Lab S0.02 S0.02 Structural Design Notes 10/02/2013 Lab S0.03 S0.03 Structural Desi - n Notes 10/02/2013 Lab S0.04 S0.04 Structural Design Notes 10/02/2013 Lab S0.05 S0.05 Structural Design Notes 10/02/2013 Lab S1.01 IS1.01 Foundation Plan 10/02/2013 Lab S1.01A IS1.01A First Floor Shearwall And Holdown Plan 10/02/2013 Page 6 of 7 FS ll' Lab S1.02 S1.02 Second Level & Lowwer Roof Framing 10/02/2013 Lab S1.02A S1.02A Second Level Shearwall & Holdown Plan 10/02/2013 Lab S1.03 S1.03 Upper Roof Framing Plan 10/02/2013 Lab S2.01 S2.01 Enlarged Plans 10/02/2013 Lab S2.02 S2.02 Stair Framing Typical Details 10/02/2013 Lab S4.01 S4.01 Schedules 10/02/2013 Lab S4.02 S4.02 Schedules 10/02/2013 Lab S5.01 S5.01 Foundation Typical Details 10/02/2013 Lab S5.02 S5.02 Foundation Typical Details 10/02/2013 Lab S5.03 S5.03 Concrete Typical Details 10/02/2013 Lab S5.21 S5.21 Structural Steel Typical Details 10/02/2013 Lab S5.22 S5.22 Structural Steel Typical Details 10/02/2013 Lab S5.23 S5.23 Structural Steel Typical Details 10/02/2013 Lab S5.31 S5.31 Steel Stud Typical Details 10/02/2013 Lab S5.32 S5.32 Steel Stud Typical Details 10/02/2013 Lab S5.33 S5.33 Steel Stud Typical Details 10/02/2013 Lab S5.34 S5.34 Steel Stud Typical Details 10/02/2013 Lab S6.01 S6.01 Foundation Details 10/02/2013 Lab S6.02 S6.02 Foundation Details 10/02/2013 Lab S7.01 S7.01 Framing Details 10/02/2013 Lab S7.02 S7.02 Framing Details 10/02/2013 Lab S7.03 S7.03 Framing Details 10/02/2013 Site A0.0 A0.0 Cover Sheet 08/19/2013 Site C1.1 C1.1 Construction Notes & Abbreviations 07/19/2013 Site C1.2 C1.2 Overall Site Plan And Legend 07/19/2013 Site C1.3 C1.3 Existing Conditions & Demo Plan - Lab Building 07/19/2013 Site Cl A CIA Existing Conditions & Demo Plan - Admin. Buildin 07/19/2013 Site C2.1 C2.1 Dimensioned Site Plan - Lab Building 07/19/2013 Site C2.2 C2.2 Dimensioned Site Plan - Admin. Building 07/19/2013 Site C3.1 C3.1 Gradin Plan - Lab Building 07/19/2013 Site C3.2 C3.2 Gradin Plan - Lab Building 07/19/2013 Site C3.3 C3.3 Gradin Plan - Admin. Building 07/19/2013 Site C3.4 C3.4 Gradin Plan - Admin. Building 07/19/2013 Site C3.5 C3.5 Drainage Pond Details 07/19/2013 Site C4.1 C4.1 Utility Plan - Lab Buildin 07/19/2013 Site C4.2 C4.2 Utility Plan - Admin. Building 07/19/2013 Site C5.1 C5.1 Civil Details 07/19/2013 Site C5.2 C5.2 Civil Details 07/19/2013 Site C5.3 C5.3 Civil Details 07/19/2013 Site ESC1 ESC1 SWPPP Site Map 08/19/2013 Site S1.01 S1.01 Lab Foundation Plan 08/19/2013 Site S1.02 S1.02 Admin. Foundation Plan 08/19/2013 Site V1.1 V1.l Existing Topography -Lab Building 08/19/2013 Site V1.2 JV1.2 Existing Topography -Admin. Building 08/19/2013 Page 7 of 7 P� O 0 4) 0 t� a. 0 hj 0 a) . '- a) LL ad0 iT -- 0 OL 0 0 a) (i) c 0 U) EM i ! 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Ln�; C'i 04 0-0 O -Q oo -0 Ln 0 RM NO LO 0 0 0 0 0 C) o C)• c) cv LO tr) 0 N 0 — 0 C'j 0 — to LO U) a: 0 cr, LLI 0 V) CL cu LL 'S2 0 i Ca c (d E 0 U- 00) -0 co a) cn i w LL LL > a) C 0 rr LU o N CL i o E E -c CL (a 0). 0 ( M CL C — 0 .- i (1) 'r- � CD Q 0 �.G 0 i U- 70 E 0 M W > 0 0 'FD cu :r ID 'DCL 0 c ca 2 U) (n CO CL CL m -uj ui a: 7- LL Cl) It LO Ill 0 m It LO i r- .00 0) 0) .0 0 <0 '(0 0 0 CO (0 0 0 (0 0 0:- (0 CO 0 (5 0 (D 0 C) (5 (D (5 (D 0 5 & 2 9,� @ 'F 05 c C C\l N 0 1 'r c c (D MA cu to E 0 LL 0 C\l 0 0 0 � Cl 1�1 C I j a. cL a. CL co E 0 0 ca E E 0 c 4) —0 0 Zn R E Cr 6. 6L is ci U) (n Lb d) 6 CN N Cl cm Nt 6 t2 CL•6L! 0) OD LO Lb 0 r CN CQ 0-0 O -Q 0 0 Ln 0 RM NO LO c c (D MA cu to E 0 LL 0 C\l 0 0 0 � Cl 1�1 C I j a. cL a. CL co E 0 0 ca E E 0 c 4) —0 0 Zn R E Cr EXHIBIT 441" INSURANCE REQUIREMENTS FOR WORKING WITH BENITON CONSTRUCTION COMPANY AND CITY OF MERIDIAN Contractors and Subcontractors shall provide evidence that the following minimum coverage is provided. Commercial General Liability (ISO Form CG0001 (10/01) or Eouivalent) • $2,000,000 General Aggregate • $2,000,000 Products/Completed Operations Aggregate • $1,000,000 Each Occurrence • $1,000,000 Personal Injury and Advertising Injury • $ 100,000 Fire Damage Liability • $ 5,000 Medical Expenses — Each Person o Limits must be on a "Per Project Aggregate". o City of Meridian and Beniton Construction Company must be listed as additional insured (ISO Form CG2010 (11/85), or CG2010 (10/01) and CG2037 (10/01), or Equivalent). A copy of the endorsement adding Beniton Construction Company shall be included with the certificate of insurance. o Completed operations coverage will remain in effect for 2 years after project completion. Business Automobile Liability • $1,000,000 Each Occurrence Worker's Compensation and Employers Liability Insurance • Statutory Limits • Employers Liability o $100,000 Each Accident o $500,000 Policy Limits o $100,000 Each Employee Excess Liability • $1,000,000 (An Umbrella policy may be used in combination with other policies to provide coverage specified) For Architects, Engineers, Surveyors, & Testing Firms: Professional Liability (Errors and Omissions) — Continued for Two (2) Years After Project Completion • $1,000,000 per claim and $2,000,000 aggregate for annual claims made coverage OR • $1,000,000 project coverage ➢ Certificate of Insurance must be project specific. ➢ Please provide written documentation in regards to your insurance contract(s) cancellation terms. ➢ Insurance is to be Primary & Nan -Contributory to any liability insurance carried by Beniton Construction Co., Inc. and City of Meridian. ➢ Waiver of Subrogation applies in favor of Beniton Construction Co., Inc. and City of Meridian. r AC R V CERTIFICATE ®F LIABILITY INSURANCE DATE(MMIDDIYYYY) . �4�'~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING (NSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT. If the certlflcate holder is an ADDITIONAL INSURED, the policy(los) mast be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such ondorsement(s). PRODUCER CONTACT NAME: PHONE � rAX (AIC I %PTD, I IAIC,,N0): .-_- Producer's name and address E44AIL 5: INSURERS AFFORDING COVERAGE MAIC a g,a;,.lssuing_company;..ANi.BEST A- or Bel ter INSURED INSURERd :...................................... .... ...... '............. .........,.. _.............I....... . INSUF2ER C ... ... . INSURER O : "= Subcontractor name and address INSURER 4:. - --- - - — INSURER F : ;J- COVERAGES CFRTII:ICLTP NI IIUIRFR• THIS IS TO CERTIFY THAT THE POLK.'IES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NA BOVE F E POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUM TH CT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE PO % DESCRIBED HEREIN TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED ` ID CLAIMS. _ TYPE OF INSVRANCE -LIR: POLICY NUMBER s POLICY EFF CY EXP MMID /YYYY" LIMITS ..--)� GENERAL LIABILITY -• EACH ENGE -' X ; COMMr•RCIAt 0E14FIZAi"I.IAU11.11Y •--- I h X c, AM AENTEb" t PB tEaocclrrtonce) ..I S 100,000 LIAItdS-rAADr . X OCCUR XP (Any ono peracn) 5 10,000 Current policy # 41i 09101 09/01/2012 ntiRSONAI B ADv INJURY IS 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: r'. GENERAL AGGREGATE S 2,000,000 PRODUCTS - C07da/OP AGO } S 'PRO 2000,000 POLICY X LCx g AUTOMOBILE LIABILITYI'T i_..-� . INE SINGE LIMIT X ANY AUTO .._ -- •. -. i�ODILY INJU•�Y (Par person) I S ALI. OwNr.D ' SCHEDULED ! ..a AUTOS + ......... .......... . .............._ _....... . (tUDII.Y INJURY (Por arddent) i .5 ..... AUTOS I NON-01IMEu # _ 1/2011 09/01)2012 ; PROPERTYLk\b1AGE NIRCD ALJtU5 hU10S } Pel acl:icktnt $ ,S X UMBRELLA LIAR j X :. OCCUR� r I EACH OCCURRENCE i S1,000,000 _a excess LIAR CLAIMS -MAD ' Current poll :: ; 09101/2011 09/01/2012 AGGREGATE- - - --..__i..5 1,000.000- CCD - RETENTIONS1 0000 ,5 WORKERS COMPENSATION' AND EMPLOYERS' LIABILITY VvC STATU- OTI I - x.i TORY..tJtdlTS.i YIN ' _ ;, ......E6 .;....................... ... ANY PROPRIETOJLYARTNEW'EXECUTIVE OFFICE"MEMSER EXCLUDCD? ❑ N I nt p :.,; (Mandatory In NMI .-•�� 09!0112011 09/01/2012_'._I_ CACI I ACCIDi;NT E. L.CJISEAiE- EAEMPiOYJ S 1,000,000 If yes, describe under 'RIPTIONI DES' '' E.L DISEASE - POLICY LIMIT 5 1.000,000 _ a. - i DESCRIPTION OF OPERATION NS /VEHICLES ach ACORD 101, Additional Remarks Schedule, II more space Is required) Re: City of Meridian Wasta~ urate tment Plant Improvements. City of Meridian and Beniton Construction are listed as Additional Insured p ercial General Liability coverage on a primary and non-contributory basis regarding above project provided by form CG2010 10101 and CG2037 10/01 (or equivalent). Walver of Subrogation applies in favor of the Beniton Construction Company, Inc. and owner (except WC:). SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE. DELIVERED IN Beniton Construction Company, Inc. ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 838 AUTHORIZED REPRESENTATIVE Meridian, ID 83680 Original Signature ACORD 26 (2010105) Oc 1988.2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Login Public Contractor Search PERMITS LICENSE PUBLIC WORKS VIOLATIONS ELEVATORS Public Works Search S") Search Aoain Download Results Printable View Comnanv Name License Number Work CaWgorv(s) License Tyne license Class Schindler Elevator Corporation PWC -C-11439 14200, 16800 4 AAA ACTT\ f• Page: i of 1 Details -License Number: PWC -C-11438 Lic info Registration#: PWC -C-11439 Issue: 7/15/2013 Expire: 6/30/2014 Type: PUBLIC WORKS Sub -Type: AAA Status: ACTIVE Comp/Name: Schindler Elevator Corporation Addressi: 20 Whippany Rd Address2: PO Box 1935 City, State, Zip: MORRISTOWN, NJ 07962 Phone: (973) 397-6306 Cell: Pager: Fax: (973) 397-6142 Owner Name - ti= i CONTACT US Pa'aa�rday r"".%.Y $YSTL'MS https://data.dbs.idaho.gov/etrakit2/Idaho_Public WorksSearchRslts.aspx 1/8/2014 ""t IDAHO SECRETARY OF STATE Viewing Business Entity Ben Ysursa, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for SCHINDLER ELEVATOR CORPORATION.) SCHINDLER ELEVATOR CORPORATION 20 WHIPPANY ROAD MORRISTOWN, NJ 4539 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING, ANREPT SENT 08 Jan 2014 State of Origin: DELAWARE Date of 05 Mar 1979 Origination/Authorization: Current Registered Agent: C T CORPORATION SYSTEM 921 S ORCHARD ST STE G BOISE, ID 83705 Organizational ID / Filing C60571 Number: Number of Authorized Stock Shares: Date of Last Annual Report: 22 Mar 2013 Original Filing: [ Help Me Print/View TIFF ] Filed 05 Mar 1979 CERTIFICATE OF AUTHORITY Amendments: [ Help Me Print/View TIFF ] Amendment Filed OS Mar 1979 OTHER - DA Amendment Filed 26 Mar 1979 STOCK CHANGE Amendment Filed 20 May NAME CHANGED TO SCHINDLER ELEVATOR 1985 CORPORATION Annual Reports: Report for year 2013 ANNUAL REPORT Report for year 2012 ANNUAL REPORT Report for year 2011 ANNUAL REPORT Report for year 2010 ANNUAL REPORT Report for year 2009 ANNUAL REPORT Report for year 2008 ANNUAL REPORT Report for year 2007 ANNUAL REPORT Report for year 2006 ANNUAL http://www.accessidaho.org/public/sos/corp/C60571.html [ Help Me Print/View TIFF ] View Document Online View Document Online View Document Online View Document Online View Document Online View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image TIFF format) View Image (PDF format) View 1/8/2014 THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. PRF9143131 AIA Document A312 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Schindler Elevator Corporation 743 McGregor Court, Sultel 40 Boise, ID 83705 OWNER (Name and Address): City of Meridian 33 E. Broadway Meridian, ID 83642 SURETY (Name and Principal Place of Business): Fidelity and Deposit Company of Maryland 1400 American Lane, Tower 1, 18th Floor Schaumburg, IL 60196-1056 CONSTRUCTION CONTRACT Date. November 1, 2013 Amount: $140,100.00 One Hundred Forty Thousand One Hundred Dollars and 00/100 Description (Name and Location).Provlde and install two elevators for the City of Meridian WWTP Improvements BOND Date (Not earlier than Construction Contract Date): November 19, 2013 Amount: $140,100.00 One Hundred Forty Thousand One Hundred Dollars and 00/100 Modifications to this Bond: El None X See Page 6 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Go Ora , al) Schindler Elevator Corporation Fidelity and posit MID )t of a p CIPEPO& Signature: Signa re: Name and, Name a Title: Alza Lopez .0 ir. -VV0-r4 01,341 Attorne in ct (Any additional signatures appear on page 6) (FOR INFORMATION ONLY- Name, Address and Telephone) OWNER'S REPRESENTATIVE (AmhHect, Engineer or other AGENT or BROKER: party) Willis of New York, Inc. One World Financial Center, 200 Liberty Street New York, NY 10281 212-915-8888 AIA DOCUMENT A312 * PERFORMANCE BOND AND PAYMENT BOND * DECEMBER 1984 ED. * AIA 0 THE AMERICAN INSTITUTE OF ARCHITECTS, 1736 NEW YORK AVE.. N.W., WASHINGTON, D.C. 20006 A312 -19S4 4 THIRD PRINTING # MARCH 1987 1C /'\ r\ 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which Is Incorporated herein by reference. 2 With respect to the Owner, this obligation shelf be null and void If the Contractor: 2.1 Promptly makes payment, directly or Indirectly, for all sums due Claimants, and 2.2 Defends, indemnifles and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use In the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there Is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void If the Contractor promptly makes payment, directly or Indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described In Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim Is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have elther received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has Indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 8 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 46 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 8.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor In the perfomlance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of,.or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than In a court of competent jurisdiction In the location In which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the fast labor or service was performed by anyone or the last materials or equipment were fumished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense In the Jurisdiction of the suit shall be applicable, 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety. the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. a AU14) THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEIN YORK AVE., N.W., WASHINGTON, D.C. 20008 THIRD PRINTING s MARCH 1987 A312.1984 conflicting with. -said ststutnry or, .Iegai,Cequirement shall be •deemed deleted herekom and provisions conforming to such staM&y dr` other legal. requireenerit shall- be deemed Incorporated herein. The Intent Is that this mond shall be conshUO 0 a statutory pond, and not a$ a common law 14 Upon rbquest by any person or antitjt appearing to ke' a pMendai beppfiolary of this Bond itte Contractor shall promptly-MAh,a copy of this Bong or -shall permilt;a copy to be made. ` '15,DF 1NITIQNS' 15A Ciahtraurt Ah Individual> oc entity hi wing a dinkg contract with the Cd*ai &,orwith a subcontractor ttf thp'Cordtracfi#10 fumfsh'fabor, materials or>egrttpment for use .fn the performance of the Contract.. The' Intent of this Bond shall be to include uvfthout iimitat(on in the terms "labor, materials 'or 'equipment" that peri of War, gag, por�er,_�ght, heal; o$, gasoline, teiephQne MODIF1cATIONB. TO This SOND AS FOLLt3M Pruayr44 414 anrndad to inset td�tisraj;Mb 4A wkkh x1elac servied or rental equlpment used In the Construction contract architectural and engineering services *uireo fat perbrmance of the work of the Contractor and fha C6n6rector's subcdob*actors, and oil ',ether itemis,for which a mschanlc`,e lien rnay, be asserted In !fie Jurisdiction where the lat�or, marterfalis ,qr equipment were furnished, 15- Cons€mcllon ConWct THe, agreement between the. Owger and the Cordmcfor identfiied on $8 slggat4m page,..Inpluifing ON Contrabt Documents and changes thenAc. ` $5.3 Owner Defaufh Failure` of tfie.Ovmprt cit has neither been. remedied nor waived, #6 wE fpay the Contractor as required by the Cbr istrucfion Mritiact or to perforr;t and complete or corrypfy "witf► the other tefms ther0f, 42 Cldrnrntshow :ry WW!o44Wpr_Wp( hndulymomtobtCtaft"Iptl➢doatWssuPpoiligff*= ryldSa$yrarMpCrsweionai?AstmadH.dwandpoviiiw Wng`eapd3 stfarl:bo:.arandad W`daleis6roirant"�s11rfNWt,Ws tltord"tuutM Ni W- Paroprapb gaud Its V : PWha,k1 and dslal.din ItMk.ntbetYand I.pisadrdorMw:faowhw /Wh90 th�e Ctdms<d bas imfloSad tir9 awldolonaoQParsprsFh l„dw SurtY that, 9rHldn ll0 days olttta rfrdawhsR afahat+dihnitfaoagdsttdl. aotla{seffai0.ttta aoudCtraus 6IPu�nph:{noFlttl'th9.+eld+a, /Oaao*>oMeatAnWrdigwtadgtdlMbambfW*4%W%&1a-Yamaurdsthai'arodbWJfVLbrdadbg.Wttot&ififad$MtheWAofsWskndRoQdPbM*rtaMtauWportfhaabratastgNtMoamacpnetial,i$d. 10,11-11 SW lerpprtlwrdofany um%pWsdamoaat, d!aabary,#aobfq+donsomfirdtiapa qutr hortar>bPut.ofMsoofYand ap•aMoifohraola all orwp;attop;4lm&hart twig dsernod to be anadrrdw&m att7oh11TV ythari rrirr 4# to with alarm or atwo"eonstodd aivaivor otbe ftA%oaieaar; a irtrana, to, or.'tiyht to dkpuYy-Wlst, ai�idW" * Rdboy the atapwa', .Wa" nN4 slue b "boniodals dph4 wo oer Wrowr roWaa to brf" and aphne rho sarMy to, abbras MW koaldfoaartfbla to It"!roly Doral Paragraph12a act ba aasndod to add the following P Ph MAN AKMM foriffsfPMJiYllto-V—S1r=APARYCle NIftCM A -W -W COMPMY1.'Riot941-AMbR1CAiif AMALiYAW INSLRWICE cd PANYondbr fCAN ta�iMD7(T€YtA71[f uAHq.itYll lfRANCffiCiYf[PJWYsamd.bosntio ilei honor}q addroas: 2WICbaaratyawai; P.tl.84Knt kSdoe uburD.lLp(i't80. Ati�pou: lursbJ CFelm OapoHnsrd (Space Is provided below 1br additional signatures'of added partles, other than those. appearing ort, the cover page.) CONMCTOR:AS. PJNCIPAL SURE1Y Camparty: (Corporate Seam Company: (Corporate Seal)- Signetdre: Signafitre Name ae; ....�.-� �ryj blame and'Tftle: res Adds; 6t . G► � Di )*)r l40? ''` Address: OPP =D VN705- A[A DOCUMENT AM s K=RFOr1M MM BON1J AND PAYWNTBOND a DECOAaM 7884 ED.. AK6 r"N THE, AMEMOAN IR T 11M OF ARCNrM 1735 NEW YOAKAVE., N.W., Wa4ZHINGTAN..D.C. 20.OM A312-1984 7jtiEiO PRfNTiNG ►�FtC�I f98i~ /OOON ^\ ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, 'Vice President, in pursuance of authority granted by Article V, Section S, of the By -Laws of said Companies, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint Jeannette PORRINI, Stacy RIVERA, Alza LOPEZ and Elena V. SANCHEZ, all of Hartford, Connecticut, EACH its true and lawful agent and Attorney -in -Fact, to make. execute, seal and deliver. for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as If they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York. New York., the regularly elected officers of the COLONIAL. AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of the By -Laws of said Companies, and is now in force. IN WITNESS WHEREOF, the said Vice -President has hercunto subscrib.-d his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 3rd day of December, A.D. 2012. ATTEST: Assistmrt Serretarp Eric U. Banes ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND Di S Vice President Thauas O. McClellan State of Maryland City of Baltimore On this 3rd day of December. A.D. 2012, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, THOMAS O. MCCLELLAN, Vice President, and ERIC D. BARNES, Assistant Secretary, of the Companies, to me personally known to be the individuals and officer:; described In sad who executed the preceding instrurr}ent, and acknowledged llie execution of same, and being by me duty sworn, deposeth and saith, that helshe is the said officer of the Company albresaid, and that the seuis affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate S,mis and the signature as such officer were duly affixed and subsetihed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. 00) Maria D. Adamski, Notary Public My Commission Expires: July 8, 2015 POA -F 142.0587E 10.N FEDELffY .AND DEPOW COMPANY OF MARYLAND 600 Red Brook Blvd., Surto 600, Owings Mills, MD 21117 Statement of Financial Condition As Of December 31, 2012 ASSETS Bonds............................................................................................................................................... $ 157,177,826 Stocks............................................................................................................................................... 23,000,311 Cash and Short Term Investrnents..»................................................................................................ 119,155 ReinsuranceRecoverable................................................................................................................. 17,923,564 OtherAccounts Receivablo.................................................................................I............................ 35,473,256 TOTALADmr ImASSETS....................................................................................................... $ 233,694,113 WSILITIES, SURPLUS AND OTHER FUNDS Reservefor Taxes and RVenses...................................................................................................... $ 74,782 Ceded Reinsurance Premiums Payable............................................................................................ 48,323,5224 Securities Lending Collateral Liability .............. ........... ........................ ................................. I......... 1716,240 ToTALI.usrL.ITT w.................................................................................................................... $ 50,114,546 Capital. Stock, Paid Up........................................................................................ $ 5,000,()N Surplus................................................................................................................ 178,579,567 Surplusas regards Policyholders., ........................................................................................ ........... 183,579,567 TOTAL....................................................................................................................................... $ 233,694,113 /0 "\ Securities carried at $59,468,002 in the above statement are deposited as required by law. Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of December 31, 2012 market quotations for all bonds and stocks owned, the Company's total admitted assets would be $243,518,971 and surplus as regards policyholders $193,404,425. 1, DENNIS F. KEMOAN, Corporate Secretary of the FiDW- TY AND D=s r COMPANY of MARYLAND, do hereby certify that the foregoing statement is a correct cAlbit of the assets and liabilities of the said Company on the 3lst day of December, 2012. /'1 State of Illinois City of Schaumburg } SS: Subscribed and sworn to, Wax me, a Notary Pubiio of the State of Rots, in the City of Scheumbur& this 15th day ofiviare% 2013. Aldwy Pablic OFFICIAL SEAL DARRYL JOINER Nclary Pablie • stale of tlllnols r.� My COMMiss101Expires May 3. 2014 n IS y t THE AMERICAN INSTITUTE OF ARCHITECTS Bond No. PRF9143131 AIA Document A312 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Flame and Address): Schindler Elevator Corporation 743 McGregor Court, Suite140 Boise, ID 83705 OWNER (Name and Address): City of Meridian 33 E. Broadway ,0'1 Meridian, ID 83642 SURETY (Name andPrincipalPlace of Business); Fidelity and Deposit Company of Maryland 1400 American Lane, Tower 1, 18th Floor Schaumburg, IL 60196-1056 CONSTRUCTION CONTRACT Date: November 1, 2013 Amount: $140,100.00. One Hundred Forty Thousand One Hundred Dollars and 001100 Description (Name and Location): Provide and install two elevators for the City of Meridian WWTP Improvements BOND Date (Not earlier than Construction Contract Date): November 19, 2013 Amount: $140,100.00 One Hundred Forty Thousand One Hundred Dollars and 007100 Modifications to this Bond: El None ❑ See Page 3 CONTRACTOR AS PRINCIPAL SURETY Company: AF (Corporate Seal) Company: (C—bikrate Seal) Schindler Elev� ,x Corati Fidelity aq0'1!5epOsitq)?hpanf of M Ia Name an+t (Any additional signatures appear on page 3) (FOR INFORMATION ONLY- Name, Address and Telephone) OWNER'S REPRESENTATIVE (Amhhed, , err AGENT or BROKER: parry) Willis of New York, Inc. One World Financial Center, 200 Liberty Street New York, NY 10281 212-915-8888 AtA DOCUMENT A312 o PERFORMANCE BONDAND PAYMENT BOND* DECEMBER 1984 ED. r AIA G THE AMERICAN INSTITUTE OF ARCHITECTS, 1738 NEW YORK AVE.. N.W., WASHINGTON, D.C. 20006 THIRD PRINTING • MARCH 1987 A312.1984 NX I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of theConstruction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surely and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a Eanference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construc- tion Contract. It the Owner, the Contractor and the Surety agree, the Contractor shall be aliowed a reason- able time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, If any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the Contract. Such Contractor Default shall not be de - dated earlier than twenty days after the Contractor and the Surety have received notice as provided In Sub- paragraph 31.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in actor. dance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Para- graph 3, the Surety shall promptly and at the Surety's ex- pense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construc- tion Contract Itself, through its agents or through inde- pendent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Con- struction Contract, arrange for a contract to be pre- pared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in ex• cess of the Balance of the Contract Price Incurred by the Owner resulting from the Contractor's default; or 4.4 Waive Its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which It may be liable to the Owner and, as soon as practicable after the amount Is deter. mined, tender payment therefor to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefor. S if the Surety does not proceed as provided in Paragraph 4 with reasonable promptness. the Surety shalt be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability. In whose Orin part, without further notice the Owner shalt be entitled to enforce: any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract. and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Sure- ty is obligated without duplication for; 6.1 The responsibilities of the Contractor for correc- tion of defective work and completion of the Construc- tion onstruetion Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's default, and re- sulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or it no liquidated damages are specified in the Construction Contract, actual darn - ages Caused by delayed performance or non-perfor- mance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Con- struction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or Its heirs, executors, administrators or successors. 8 The Surety hereby valves notice of any change. Includ. ing changes of time. to the Construction Contract or to related subcontracts, purchase orders and other obliga- tions, 9 Any procceding, legal or equitable, under this Bond maybe instituted in any court of competent jurisdiction in the location in which the work or part of ihework is located and shall be instituted within two years after Contractor Default or within two years after the Contractor Ceased working or within two years after the Surely refuses or fails to perform Its obligations under this Bond, whichever oc. curs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation avail - AIA DOCUMENT A312 *PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN iNSTM)TE OF ARCHITECTS, 1735 NEIN YORK AVE., N.W., WASHWOTON, D.C. 70008 A312.1994 2 THiRD PRINTING. MARCH 11987 n able to sureties as a defense in the jurisdiction of the suit shad be applicable, 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the sig- nature page. 11 When this Bond has been furnished to comply with :a statutory or other legal requirement In the location where the construction was to be performed, anyprovision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed Incorporated herein. The Intent is that this Bond shall be construed as a statutory bored and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, Including allowance to the Con - MODIFICATIONS TO THIS BOND AREAS FOLLOWS: tractor of any amounts received or to be received by the Owner in settlement of insurance or other Bairns for damages to which the Contractor Is entitled, re- duced by all valid and proper payments made to or on behalf of the Contractor under the Construction Con- tract. 12.2 Construction Contract: The agreement between the Owner and the Contractor Identified on the sig- nature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contra4tor, which has neither been remedied nor waived, to per- form or otherwise to comply with the terms of the Construction Contract. 12,4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Con- tractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing anthecover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: ASignature. _ Name an t ,� r317"+ ,i #+s+•.• Addres ?P. Me -4-1! 4:�-rr4 5&M Signature: Name and Title: Address: `*'�IA DOCUMENTA312 -'PERFORMANCE BOND AND PAYMENT BOND + DECEMBER 198490. +ALA O THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING 9 MARCH 1987 (Corporate Seal) A312-1984 Meridian City Council Meeting DATE: January 14, 2014 ITEM NUMBER: 4E PROJECT NUMBER: ITEM TITLE: AMENDMENT TO PSA First Amendment to Professional Services Agreement with CJRDesign for Fabrication and Installation of Meridian Split Corridor Phase 2 Public Art Project MEETING NOTES III Ff APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR FABRICATION AND INSTAILLATION OF MERIDIAN SPLIT CORRIDOR PHASE 2 PUBLIC ART PROJECT This FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR FABRICATION AND INSTALLATION OF MERIDIAN SPLIT CORRIDOR PHASE 2 PUBLIC ART PROJECT ("First Amendment") is made this 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 C.J. Rench, on behalf of CJRDesign, an assumed business name registered with the State of Oregon ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the Parties seek by this First Amendment to modify the November 12, 2013 Professional Services Agreement for Fabrication and Installation of Meridian Split Corridor Phase 2 Public Art Project ("November 12, 2013 Agreement"), a copy of which is attached hereto as Exhibit A; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. PAYMENT SCHEDULE MODIFIED. Section H.B. of the of the November 12, 2013 Agreement shall be modified to read as follows: C. Payment schedule. Artist shall be paid pursuant to the following benchmarks: 1. Submission of Detailed Plan: $35,000.00 shall be paid to Artist within thirty (30) days of submission to the City's Project Manager ("PM") of a Detailed Plan for fabrication of the Artwork and installation of the Artwork at the Site, which Detailed Plan shall include: a. Detailed project timeline; b. Plan for obtaining any and all necessary permits or approvals from the City of Meridian for the installation of the Artwork, which may include Certificate of Zoning Compliance from the Community Development Department/Planning Division; permitting and inspection by the Community Development Department/Building Services Division; landscape coordination with the Meridian Parks & Recreation Department; and/or Citizen's Use Permit from the City Clerk's Office; c. Plan for obtaining any and all necessary permits or approvals from Ada County Highway District for the installation of the Artwork; d. Site plan for the installation of the Artwork; and e. Construction drawings for the Artwork reviewed and stamped by a certified engineer. 2. Fabrication of Artwork: $35,000.00 shall be paid to the Artist within thirty (30) days of completion of Fabrication of the Artwork, or all components thereof, as demonstrated to and approved in writing by the PM. 3. Final Completion:$25.000-00.shall be paid to the Artist within thirty (30) days of Final Completion, which shall be defined as: a. Complete installation of the completed Artwork at the Site, as confirmed by the PM; b. Artist's submission to the PM of a recommended maintenance plan for the Artwork; c. Execution of a mutually agreed-upon acceptance agreement to include Artist's indemnification of City and the Ada County Highway District and express waiver of Artist's right, title, or interest in the Artwork, which agreement shall be prepared by the City Attorney's Office; FIRST AMENDMENT TO PROFESSIONAL SERVICES ACrREEMENr FOR FABRICATION AND INSTALLATION OF MERIDIAN SPLIT CORRIDOR PHASE 2 PUBLIC ART PRomc T PAGE 1 t**N /0 -*N d. Waivers of lien from any and all sub -contractors and major materials suppliers, as approved by Meridian City Council; and e. Final inspection and approval of the installation of Artwork at the Site by the PM and by City of Meridian Community Development Services Department, Building Services Division, which may include, at the discretion of the Building Official, independent special testing and/or inspections for structural soundness. II. NO ADDITIONAL PROVISIONS. The Parties agree that except as expressly modified by this First Amendment, all provisions of the original November 12, 2013 Agreement shall remain in full force and effect. No other understanding, whether oral or written, whether made prior to or contemporaneously with this First Amendment shall be deemed to enlarge, limit or otherwise affect the operation of the November 12, 2013 Agreement or this amendment thereto. IN WITNESS WHEREOF, the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the day and year first above written. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 7th day of January, 2014. AR T: STATE OF O N ) ) ss: County of ) T I HEREBY that on this _ day of .Y�m•CI�. 2014, , RDesign C.J. Renchbefore the undersigned, a Notary Public in the State of Oregon, personally appeared C.J. Rench, proven tD me to be the person who executed the said instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my h9f and affixed my official seal, the day and year in =te lien. OFFICIAL SEAL Adiliy Public to BRAD P RYHUCK Residing at - �1 �(' Oregon NOTARY PUBLIC-OREGONMISSIONNO.46381My Commission Expires' W COMMISSIONEpI ES JULY 18, 1E CITY OF MERID �O4J.` A UGUST O ? [v BY: Tarmny de rd, Mayor Jay li —0'y of EIDIS IAN,,*.. • a \•DANA �F SEAL e rams°��vP Faw AIENm En To PRotwsioNAL SERviCB38 ACTT FOR FABRICATION AND INSTALLATIDN OF MERIDIAN SPLIT CORRIDOR PHASE 2 PUBLIC ART PROJECT PAGE 2 EXHIBIT A November 12, 2013 Agreement FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT FOR FABRICATION AND INSTALLATION OF MERIDIAN SPLIT CORRIDOR PHASE 2 PUBLIC ART PROJECT PAGE 3 PROFESSIONAL SERVICES AGREEMENT FOR FABRICATION AND INSTALLATION OF MERIDIAN SPLIT CORRIDOR PHASE 2 PUBLIC ART PROJECT This PROFESSIONAL SERVICES AGREEMENT FOR FABRICATION AND INSTALLATION OF MERIDIAN SPLIT CORRIDOR PHASE 2 PUBLIC ART PROJECT ("Agreement") is made this R day of October, 2013 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and C.T. Rench. on behalf of CJRDesign, an assumed business name registered with the State of Oregon ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of the Meridian Split Corridor roadway project and to that end, the Meridian Arts Commission issued the Call for Artists attached hereto as Exhibit A, and sought artists' qualifications for undertaking public art projects; WHEREAS, a selection panel, comprised of representatives of. the Meridian Chamber of Commerce, the Meridian Arts Commission ("MAC"), the Solid Waste Advisory Commission, Meridian Development Corporation. City staff, and the arts, business, and residential communities, reviewed the responses to the request for qualifications component of the Call for Artists, and selected Artist as one of three finalists to create a proposal; WHEREAS, Artist created the proposal for a piece of artwork entitled "Under the Sun and Dreaming," as set forth in Exhibit Ii' hereto ("Artwork"), and following a public comment period, the selection panel's evaluation of Artist's proposal, and MAC's recommendation to the Meridian City Council that Artist's proposal be accepted, the Meridian City Council did adopt such recommendation at its regular meeting on October 1.2013; and 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 design and fabricate the Artwork, as described and depicted in Exhibit B, and shall install such Artwork at. Public Art. Location South, the triangular parcel of land at the intersection of Ada and Main Streets in Meridian, Idaho, which parcel is bordered on the north by Ada Street, on the cast by Main Street, and southwest by the crossover from Main Street to Meridian .Road ("Site"). as such site is generally described on page 4 of the Call for Artists attached hereto as Exhibit A. Design, fabrication, and installation of the. Artwork shall comply in all respects with established engineering standards, Idaho Standards for Public Works Construction, and all established policies and ordinances of the City of Meridian and the Ada County highway District. II. COMPENSATION. A. Total amount. The total payment to Artist for the design, fabrication, and installation of the Artwork. shall be $95,000.00. This amount shall constitute full compensation for any and all services, materials, and costs to be performed or furnished by Artist. PROF'FSSInNAL SF -vices ACRE# MF,'�T MERIDIAN SPI.r(' CORRIDOR :PHASE 2 PUBLIC ART PROJEC77' PAGE 1 Of 10 n B. Method of payment. Artist shall provide City with an invoice for services and/or materials provided pursuant to the payment schedule set forth herein, which City shall pay within thirty (30) days of receipt. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Artist under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Artist. C. Payment schedule. Artist shall be paid pursuant to the following benchmarks: 1. Submission of Detailed Plan: $20,000.00 shall be paid to Artist within thirty (30) days of submission to the City's Project Manager ("PM") of a Detailed Plan for fabrication of the Artwork and installation of the Artwork at the Site, which Detailed Plan shall include: a. Detailed project timeline; b. Plan for obtaining any and all necessary permits or approvals from the City of Meridian for the installation of the Artwork, which may include Certificate of Zoning Compliance from the Community Development Department/Planning Division; permitting and inspection by the Community Development Department/Building Services Division; landscape coordination with the Meridian Parks & Recreation Department; and/or Citizen's Use Permit from the City Clerk's Office; c. Plan for obtaining any and all necessary permits or approvals from Ada County Highway District for the installation of the Artwork; d. Site plan for the installation of the Artwork; and �•� e. Construction drawings for the Artwork reviewed and stamped by a certified engineer. 2. Fabrication of Artwork: $25,000.00 shall be paid to the Artist within thirty (30) days of completion of Fabrication of the Artwork, or all components thereof, as demonstrated to and approved in writing by the PM. 3. Final Completion: $50,000.00 shall be paid to the Artist within thirty (30) days of Final Completion, which shall be defined as: a. Complete installation of the completed Artwork at the Site, as confirmed by the PM; b. Artist's submission to the PM of a recommended maintenance plan for the Artwork; c. Execution of a mutually agreed-upon acceptance agreement to include Artist's indemnification of City and the Ada County Highway District and express waiver of Artist's right, title, or interest in the Artwork, which agreement shall be prepared by the City Attorney's Office; d. Waivers of lien from any and all sub -contractors and major materials suppliers, as approved by Meridian City Council; and e. Final inspection and approval of the installation of Artwork at the Site by the PM and by City of Meridian Community Development Services Department, Building Services Division, which may include, at the discretion of the Building Official, independent special testing and/or inspections for structural soundness. III. TIME OF PERFORMANCE. A. Timeline. In addition to the benchmarks set forth in the timeline prepared by Artist as part of the Detailed Plan, the Parties shall meet the following deadlines: PROFESSIONAL SERVICES AGREEMENT MERIDIAN SPLIT CORRIDOR PHASh 2 PUBUc ART Nomc'r PAoE 2 of 10 10-1 1. By 5:00 p.m., November 22,2013: Artist shall complete Submission of the Detailed Plan to the PM. The PM shall review, request modifications as necessary, and approve such Detailed Plan, either as submitted or as modified pursuant to mutual agreement, within fourteen (14) days of receipt thereof. 2. By 5:00 p.m., August 1, 2014: Artist shall complete Fabrication of the Artwork and obtain written approval of same by the PM. The PM shall approve, or approve as modified, such fabrication within fourteen (14) days of Artist's notice of such completion. Prior to issuing approval, the PM shall determine that the Artwork as fabricated is in keeping with Artist's representations as set forth in the proposal set forth in Exhibit B. Non -material design refinements and/or improvements shall be left to the discretion of the Artist. 3. By 5:00 p.m., August 15,2014: With prior approval and all necessary permits from the Ada County Highway District and/or City, Artist shall cause the installation of the Artwork at the Site, and shall schedule final inspection and approval of the installation thereof by the City of Meridian Community and Development Services Department, Building Services Division; the Ada County Highway Department; and the PM. Artist shall immediately notify the PM of any delay that occurs or is anticipated affecting the installation. 4. By 5:00 p.m., August 29,2014: Artist shall be responsible for Final Completion. The PM may extend the date of Final Completion for a reasonable amount of time only if such delay 1-01 is due to circumstances and events beyond the control of Artist or pursuant to a written agreement by the Parties. 5. By 11:59 p.m., September 16,2014: Provided that Artist has completed Final Completion, as provided herein, City shall execute Final Acceptance of the Artwork, which shall be signified by City's adoption of a resolution indicating that the City accepts the delivery of the Artwork as designed, fabricated, and installed. B. Time of the essence. The Patties acknowledge that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. C. Inspection. The Artist shall provide the PM and/or City with reasonable opportunities to review the progress of the Artwork to ensure compliance with the timeline, upon PM's request. If during such inspection, or in the course of the approval processes required herein, the PM or City concludes that the Artwork or any portion or component thereof do not conform to the proposal as described and depicted in Exhibit B hereto or as mutually agreed by the Parties in writing, notice of specific non -conformity and request for Artist to address the specified non- conformity shall be given to Artist in writing as soon as practicable. Artist shall have fourteen (14) days to address and correct any non -conformity. If, upon PM's/City's re -inspection, the PM or City concludes that the Artwork or the nonconforming portion or component thereof i"� remain nonconforming, termination procedures may commence. City's failure to disapprove in writing shall constitute presumptive approval of the Artwork as inspected. PROFESSIONAL SkiRvices AGREEMENT WR1P1AN SPLIT CORRIDOR PHASE 2 PUBLIC Awr PRo7fc1' PAGE 3 of 10 /"\ IV. MAINTENANCE AND REPAIR. A. First year following Final Acceptance. Artist shall be fully responsible for all parts and workmanship of the Artwork for a period of two (2) years after City's Final Acceptance of the Artwork, and during such year shall replace any defective parts and/or rework any defective craftsmanship in a timely fashion at no cost to City, except that during such year Artist shall not be required to replace or repair any damage to the Artwork caused by City; by City's agents, employees, visitors, or volunteers; by the Ada County Highway District; or by an act of God. B. Determination of need for repair. At all times, including the first year following Final Acceptance, City shall make any and all determinations regarding whether the Artwork' parts and/or craftsmanship require maintenance, restoration, or repair. Artist may be asked to provide input regarding such matters, but all decisions regarding the need for maintenance, restoration, or repair shall be made by City. C. Maintenance, restoration, and repair. City shall provide basic maintenance, restoration, and repair of the Artwork at City's cost. In the event that the Artwork is damaged or destroyed, in whole or in part, City may, at its sole election, restore the Artwork, subject to receipt of any insurance proceeds and availability of sufficient funds. V. CREATION, INTEGRITY, AND OWNERSHIP OF ARTWORK, A. Waiver and relinquishment of rights. Between Artist's Final Completion and City's Final Acceptance, Artist shall expressly waive any and all right, title, or interest in the Artwork. Artist understands that this waiver shall include waivers of the exclusive rights of reproduction, adaptation, publication, and display. Artist agrees to relinquish any and all rights, title, and interest to the Artwork developed in connection with this Agreement, and hereby expressly waives any rights Artist has to the Artwork, including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Artist understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. B. Limited edition. The Artwork shall each be a limited edition of one (1). Artist warrants and represents that the Artwork designed, fabricated, and installed pursuant to this Agreement has never heretofore been designed, fabricated, installed, created, published, or copied and that Artist is the sole creator and owner of all rights in the Artwork and the design thereof. C. Ownership. Upon City's Final Acceptance, the Artwork shall be owned by City. Following Final Acceptance, City may remove the Artwork from the Site and/or move the Artwork to another location, at City's sole election and discretion. D. No copyright. Artist shall not make any claim to the copyright of the Artwork. PROFESSIONAL SERVICES AORBEMENT MERIDIAN SPLIT CORRIDOR PHASE 2 PUBLIC ART PROJECT PAGE 4 of 10 E. Photographs of Artwork by City. City may photographically reproduce the image of the Artwork and all preliminary studies, models and maquettes thereof that have been delivered to and accepted, as City may desire for educational and public information purposes. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photographic reproduction to be the creator of the original subject thereof, provided that photographic reproductions of preliminary studies, models and maquettes shall not be identified as or represented to be the finished Artwork. F. Photographs of Artwork by Artist. Artist may photographically reproduce the image of the Artwork and all preliminary studies, models and maquettes thereof, as Artist may desire for marketing, educational and public information purposes. Where practicable, Artist shall acknowledge on each such photographic reproduction the location of such Artwork, provided that reproductions of preliminary studies, models and maquettes shall not be identified as or represented to be the finished Artwork. G. Models of Artwork. City shall at no time create any model, maquette, replica, copy, or any other three-dimensional reproduction of Artwork or any component thereof for any purpose without first entering into a mutually agreed-upon written agreement with Artist governing the creation, use, and/or sale of such model, maquette, replica, copy, or reproduction. Upon Final Completion, Artist shall not create any new model, maquette, replica, copy, or any other three- dimensional reproduction of Artwork or any component thereof for any purpose without first entering into a mutually agreed-upon written agreement with City governing the creation, use, 1100� and/or sale of such model, maquette, replica, copy, or reproduction. This provision shall not prevent Artist's creation of any model or mock-up for purposes of designing and/or engineering Artwork prior to Final Completion. H. Alteration of Artwork. if any alteration occurs to the Artwork after installation, whether intentional or accidental and whether caused by City or others, upon written request of Artist, such Artwork shall no longer be represented to be the work of Artist. Other than as specified herein, Artist specifically waives the right to claim any other remedy concerning the alteration of the Artwork as provided for under Idaho or federal law, whether by statute or otherwise. I. Use of City name. City hereby conveys to Artist permission to use City's name in all forms and media and in all manners, including, but not limited to, exhibition, display, advertising, trade, and editorial uses, without violation of City's rights of privacy or any other rights City may possess in connection with its commission and purchase of the Artwork. J. Removal from display. City shall have the right to remove the Artwork from public display. In the event that City determines that the Artwork or either component thereof shall be sold, Artist shall be provided the first right of refusal to purchase the Artwork or such component from City. Should Artist choose to purchase the Artwork pursuant to this provision, the price of the Artwork shall be the fair market value thereof. This provision shall expire upon the death of Artist and shall not be extended to Artist's estate unless City so elects. K. Subcontracting or assignment of obligations. Artist shall not subcontract or assign any of i0"*N 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 PROFESSIONAL SERVICI•Z AGREEMENT MERIDIAN SP1.Pr CORRIDOR PHASE 2 PUBLIC ANT PROJECT PAGES Of 10 talent or expertise, including, but not limited to, such obligations as transport and installation of the Artwork, and other obligations as outlined in Artist's proposal as set forth in Exhibit B. Any and all subcontractors or assignees shall be bound by all the terms and conditions of this Agreement. VI. INDEMNwICATION. WAIVER, AND INSURANCE. A. Indemnification. Artist shall 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, guests, and/or business invitees, occurring before City's Final Acceptance of the Artwork. B. Waiver. Artist waives any and all claims and recourse against City, including the right of contribution for loss and darnage to persons or property arising from, 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 concurrent or sole negligence of City or its officers, agents or employees. C. Insurance to be obtained by City. City shall obtain all necessary property and commercial general liability insurance as may be requited in order to protect its insurable interests for its rights and obligations described within this Agreement. Upon City's Final Acceptance of the Artwork, City steal l obtain property insurance for the Artwork. D. Insurance to be obtained by Artist. Artist shall obtain and shall maintain, at Artist's own expense, from the Effective Date of this Agreement through City's Final Acceptance of the Artwork, each and all of the following: I . General liability insurance. General liability insurance with a limit of not less than one million dollars ($1,000,000.00) per each occurrence, combined single limit bodily injury and property damage, covering the actions and omissions of Artist and her employees, agents, and/or workers in fabricating, transporting, and installing the Artwork and/or components or materials thereof, including coverage for owned, non -owned, and hired vehicles, as applicable. 2. Workers' compensation insurance. Artist shall obtain and shall maintain, at Artist's own expense, from the Effective Date of this Agreement through City's Final Acceptance of the Artwork, and throughout the course of this Agreement, workers' compensation insurance, in an amount required by Oregon or Idaho law, whichever is higher, to cover any and all persons employed by Artist. 3. Insurance of Artwork. Before commencing fabrication of the Artwork, Artist shall procure and maintain, at Artist's own expense, from the Effective Date of this Agreement through City's Final Acceptance of Artwork, insurance on the Artwork in an all-risk form with limits of not less than one hundred thousand dollars ($100,000), and any deductible not to exceed five hundred dollars ($500) each loss, with any loss payable to City. Artist agrees PROFESSIONAL SERVICHs AGREEMENT MERIDIAN SPLIT CORRIDOR PHASE 2 Puuuc ART PROJECT PAGE 6 of 10 to bear all risks of loss of and/or damage to the Artwork until City's Final Acceptance of Artwork. E. Proof of insurance. Artist shall provide to City, within seven (7) days of the Effective Date of this Agreement, written proof that Artist has obtained all insurance required hereunder. If any change is made to any insurance policy or coverage required under and/or obtained pursuant to this Agreement, Artist or Artist's insurance agent shall notify City immediately. F. Insurance to be obtained by Artist's subcontractors. Artist shall require any and all subcontractors employed or utilized in the course and scope of the obligations described in this Agreement to obtain and maintain general liability insurance and workers' compensation insurance in the amounts described herein. Artist shall provide to City, within twenty-four (24) hours of hiring or engaging any subcontractor, written proof that her subcontractors have obtained all insurance required hereunder. G. No cancellation without notice. On all insurance policies required under this agreement, such policies shall provide that they may not be cancelled or reduced in coverage except upon thirty (30) days advance written notice to all Parties. Any cancellation of insurance without appropriate replacement in the amounts and terms set forth herein may constitute grounds for termination of the contract. 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 prepared 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 patty of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have thirty (30) days 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. 1. Default by City. In the event of termination for non-performance or default by City, City shall compensate Artist for work actually completed by Artist prior to the date of written notice of termination and any additional services and materials actually performed or supplied prior to the date of written notice of termination, less payments of compensation previously made, not to exceed the total amount of compensation allowed hereunder. 2. Default by Artist. In the event of termination for non-performance or default by Artist, except that caused by the death or incapacity of Artist, all finished and unfinished drawings, photographs, plans, timelines, and/or any and all other work products prepared and submitted or prepared for submission under this Agreement shall, at City's option, become City's property. Notwithstanding this provision, Artist shall not be relieved of any liability r"WN for damages sustained by City attributable to Artist's default or breach of this Agreement. PROFESSIONAL SERVICES AGREsBMF:NT MERIDIAN SPLIT CORRIDOR PHASE 2 PUBLIC ART PRoJEcr PAGE 7 of 10 City may reasonably withhold payments due until such time as the exact amount of damages due to City from Artist is determined. Artist shall not be relieved of liability to City for damages sustained by City by virtue of any breach or default of this Agreement by Artist. This provision shall survive the termination of this Agreement and shall not relieve Artist of liability to City for damages. B. Termination without cause. City may terminate this Agreement for any reason at any time by providing fourteen (14) days notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. In the event of termination caused by the death or incapacity of Artist, all finished and unfinished drawings, photographs, plans, timelines, and/or any and all other work products prepared and submitted or prepared for submission under this Agreement shall, at City's option, become its property, and the right to fabricate and/or complete fabrication of the Artwork shall pass to City. Notwithstanding this provision, neither Artist nor Artist's estate shall be relieved of any Iiability for damages sustained by City attributable to Artist's default. City may reasonably withhold payments due to Artist or to .Artist's estate until such time as the exact amount of damages due to City from Artist or Artist's estate is determined. Artist shall not be relieved of liability to City for damages sustained by City by virtue of any breach or default of this Agreement by Artist. This provision shall survive the termination of this Agreement and shall not relieve Artist or Artist's estate of liability to City for damages. D. Non -waiver of breach. A waiver of an breach or default of any y provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. V111. GENERAL PROVISIONS. A. Permitting and inspection. Artist shall obtain any and all necessary permits or approvals from the City of Meridian for the installation of the Artwork, which may include Certificate of Zoning Compliance from the Community Development Department/Planning Division; permitting and inspection by the Community Development Department/Building Services Division; landscape coordination with the Meridian Parks & Recreation Department; and/or Citizen's Use Permit from the City Clerk's Office, B. Relationship of Parties. It is the express intention of Parties that Artist is an independent contractor and neither Artist nor any officer, employee, subcontractor, assignee, or agent of Artist shall be deemed an employee, agent, joint venturer, or partner of City in any manner or for any purpose. 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. Specifically, without limitation, Artist understands, acknowledges, and agrees; 1. Artist is free from actual and potential control by City in the provision of services under this Agreement. 2. Artist is engaged in an independently established trade, occupation, profession, or business. PROFESSIONAL SERvicEs AGREEMENT MERIDIAN SPLIT CORRIDOR PHASE 2 PUBLIC ART PROJECT' PAGE 8 of 10 /""N 3. Artist has the authority to hire subordinates. 4. Artist owns and/or will provide all major items of equipment necessary to perform services under this Agreement. C. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. D. Non -Discrimination. Throughout the course of 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 handicap. E. 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, 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. F. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or rernedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as detennined by a court of competent jurisdiction, in addition to any other relief awarded. e.•,*N G. 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. H. 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. I. Interpretation. Words of gender used in this Agreement shall be held and construed to include any other gender, and words in the singular shall be held to include the plural and vice versa unless the context otherwise requires. The Agreement and the captions of the various sections of this Agreement are for convenience and ease of reference only, and do not define, limit, augment or describe the scope, context or intent of this Agreement or any part or parts of this Agreement. J. 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. K. Successors and Assigns. 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. PROFESSIONAL SERVICES AGREEmr-mr MERIDIAN SPLrr CORRIDOR PHASE 2 PUBLIC ART PROJECT PAGF 9 of 10 L. Notice. Any and all notice required to be provided by either of 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: Artist: PM: C.J. Rench Max Jensen CJRDesign Public Works Department, Engineering Division 1457 Barker Road 33 E. Broadway Ave. Hood River OR 97031 Meridian l.D 83642 (541)399-3830 (208)489-0344 cjrdesign@gorge.net mjensen@meridiancity.org Either party may change her/its address for the purpose of this provision by giving written notice of such change in the manner herein provided. M. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. N. 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. 1t4__ IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the EZ day of 100"N -E)ot—ob 2013. ARTIST: Rench JRDesign STATE OF OREGON ) ss: County of 9dj I HEREBY CERTIFY that on this. day of_ t� -i2013, before the undersigned, a Notary Public in the State of Oregon, personally appeared C.J. Rench, proven to me to be the person who executed the said instrument, and acknowledged tome that she executed the same. IN WITNESS WHEREOF, I have; hereunto set my hand and affixed my official seal. the day and year in tlyg certify 1`1; 6" written. ` Nota Public for ( re on OFFICIAL � reg on P R1'NUC Residing at Vk NOTARY PURL, FteGr4 My Commission Expires: W cOMMtSsOMM1S5ION - . 469381 CITY OF MERIDIAN:`' J 0001, t. BY: /+ .- . Y Attes Tammy do kerd. Mayor CO3- til J ce4l olman. City Clerk t l� �� l SEALiDATIq SE L PROFESSIONAL SERviens AGREEMENT N[FAIDIAN SPLrr CORRIDOR PHASE 2 PUBuc ART PRo1ECT PAGE 10 of 10 EXHIBIT A CALL FOR ARTISTS Meridian Meridian Call for Commission S - RFQ + RFP Corridor Phase 2 Public Art Pro OVERVIEW The Meridian Split Corridor Phase 2 Public Art Project intends to create vitality and a sense of place by placing engaging works of art' on two parcels bookending the City of Meridian downtown core, in conjunction with the Ada County Highway district (ACHD)'s Meridian Split Corridor Phase 2 (MSC2) roadway project. This Call for Artists is a two stage process. The first stage is a request for qualifications (RFQ), in which the Meridian Arts Commission (MAC) invites artists to submit general qualifications for the design, fabrication, and installation of public art. The second stage is a request for proposals (RFP), in which up to three (3,) qualified finalists will be invited to submit proposals for the MSC2 Public Art Project. LOCATIONS: There are two locations designated for public art - the first on the southwest corner of Ada and Main Streets, and the second on the southeast corner of Main Street and Fairview Avenue, The attached schematics illustrate parcel locations and dimensions. PROJECT DESCRIPTION: The artwork must promote environmental responsibility and sustainabitity, particularly as to recycling efforts and wise use of energy and other resources, and should incorporate recycled, reused or repurposed materials. The artwork should also take into account Meridian's history, character, and values, as well as existing aesthetic improvements along Main Street. The artwork must be appropriate for the project site, and its design, regardless of material or medium,, may not create an unsafe distraction to vehicular traffic. The artwork must be located a safe distance from curbs and roadways and must conform to all applicable City and ACRD ordinances and policies, including building and sign codes. Please note that while the north site may be accessed by pedestrians, the south site has no sidewalks, and is not intended to be accessed by pedestrians; the artwork at the south site should be of an appropriate scale and design to be appreciated by moving vehicular traffic. Limited water and electrical utilities are planned for both sites. The City of Meridian wilt collaborate with the selected artist to design landscaping of the sites that will compliment the artwork. ELIGIBILITY: Artists who are eighteen (18) years or older and living full time in Idaho or a state contiguous to Idaho (Washington, Oregon, Nevada, Utah, Wyoming, or Montana) are eligible to respond. This project is open to applicants regardless of race, gender, sexual orientation, religion, nationality, or disability. Teams of artists, designers, and/or engineers are welcome to apply. Incomplete,, ineligible, or late submissions wilt be deemed ineligible and wilt not be considered. BUDGET: A budgeted amount of $75,000 is currently available for the selected artist's commission, which amount includes materials, fabrication, and installation. The final budget may be higher, PROCESS: The evaluation and selection process will generally occur as follows; dates are subject to change as may be necessary due to scheduling issues or other circumstances. Call for Artists - Meridian Split Corridor Phase 2 Public Art' Project Page 1 of 6 1. RFQ open. To be considered for this project, eligible artists must submit the following materials to MAC by 5:00 p.m. on Friday, February 1, 2013: a. One-page cover letter including current contact information and references; b. Resume, no more than two pages in length; c. Ten (10) digital images (200 dpi; .jpg format) representative of artist's work on CD, DVD, or thumb drive; and d. Image catalog, including titles, dimensions, media, and dates of originals. Materials submitted will not be returned; do NOT submit original artwork. The City of Meridian is a public agency: any information submitted is subject to release to the public as required by Idaho Public Records Law. 2. Finalists selected. By Friday, February 8, 2013, the Selection Panel will convene and evatuate all responses to the RFQ. Following evaluation, the Selection Panel may select up to three finalists, or may re -open the RFQ. Selection criteria will include: a. Artistic quality of work represented in images; b. Appropriateness of experience/ expertise for proposed project sites; and c. Professionalism and artistic experience represented in resume. The Selection Panel may include representatives from MAC, ACRD, City elected officials and staff, Meridian Development Corporation, and business and residential communities, as well as arts professionals. 3. RFP open to finalists. The selected finalists will be invited to prepare proposals in response to r.., this RFP. A stipend of $1,000 for preparation of the proposal will be available to each finalist upon execution of a written agreement with the City and submission of a completed W-9 form. To respond to the RFP, finalists must submit all of the following materials to MAC by 5:00 p.m. on Monday, May 13, 2013: a. Narrative; b. Budget; c. Drawing or model in a professional format suitable for public viewing; and d. Material samples. 4. Preliminary evaluation of proposals. By Friday, May 17, 2013, the Selection Panel will convene to conduct a preliminary evaluation of the finalists' responses to the RFP. Following this evaluation, the Selection Panel may forward the proposals for public input, or may recommend that the RFQ or RFP be reopened. Preliminary evaluation criteria will include: a. Quality of proposal; b. Appropriateness and safety of proposed artwork for project site(s); c. Incorporation of recycled, reused or repurposed materials; d. Reflection of Meridian's commitment to environmental responsibility and sustainability; e. Consistency with Meridian's history, character, and values; f. Consistency with existing aesthetic improvements along Main Street; and g. Contribution to aesthetic and cultural vitality and sense of place. 5. Public input collected. As determined by the Selection Panel, the finalists' proposals will be put on public view and comments will be collected at locations in the Meridian community from Monday, May 20 to Friday, June 21, 2013. Call for Artists - Meridian Split Corridor Phase 2 Public Art Project Page 2of6 6. Final evaluation of proposals; artist selected. By Friday, June 28, 2013, the Selection Panel will convene to make its final evaluation of all responses to the RFP. Following evaluation, the Selection Panel may recommend selection of one proposal, or that the RFQ or RFP be reopened. Evaluation criteria will include the criteria set forth above, as well as public input submitted regarding the proposals. The Selection Panel will forward its recommendation to MAC for consideration on Thursday, July 11, 2013. MAC may accept or modify such recommendation and forward its recommendation to Meridian City Council. Meridian City Council will consider such recommendation in making the final decision on Tuesday, July 16, 2013. Selected artist(s) and finalists not selected will be notified of the decision by Friday, July 19, 2013. 7. Selected proposal installed. Following selection, the selected Artist will fabricate and install the artwork, in accordance with a written agreement with the City, and with the project's final budget and timeline. A budgeted amount of $75,000 is currently available for the selected artist's commission, which amount includes the cost of engineering, materials, fabrication, and installation of the artwork. The final budget may be higher. PROJECT TIMELINE: December 12, 2012 Call to Artists (RFQ/RFP) issued February 1, 2013, 5:00 p.m. Deadline for submission of responses to RFQ By February 8, 2013 Selection Panel evaluates RFQ responses, selects finalists February 11, 2013 Finalists notified, invited to respond to RFP February 20, 2013, 5:00 p.m. Deadline for finalists' signed agreement with City and W-9 form May 13, 2013, 5:00 p.m. Deadline for submission of finalists' proposals By May 17, 2013 Selection Panel preliminary evaluation of finalists' proposals May 20 June 21, 2013 Public input regarding finalists' proposals By June 28, 2013 July 11, 2013 Selection Panel final evaluation, recommendation on proposals Selection Panel report to MAC; MAC decision/ recommendation July 16, 2013 MAC recommendation to City Council; City Council final decision By July 19, 2013 Selected artist and not -selected finalists notified of decision July 31, 2013, 5:00 p.m. Deadline for selected artist's signed agreement with City August 2013—May 2014 (approx.) Fabrication May 2014 (approx.) installation This timeline is subject to change. Submitted materials must be physically received by MAC, at the address below, by 5:00 p.m., on specified deadlines. Responses that are postmarked or en route, but not received, by specified deadlines will be considered late and will not be considered. Artists will receive all notification by letter sent via U.S. Mail. CONTACT: Mail or deliver applications to: Questions, via e-mail: Thank you for your interest! Meridian Arts Commission Attn: Emily Kane 33 E. Broadway Avenue, Suite 308 Meridian, Idaho 83462 Emily Kane ekane@meridiancity.org Call for Artists - Meridian Split Corridor Phase 2 Public Art Project Page 3 of 6 Call for Artists - Meridian Split Corridor Phase 2 Public Art Project Page 4 of 6 A00"I\ /'\ Call for Artists - Meridian Split Corridor Phase 2 Public ArtProject Page 5 of 6 /ti Call for Artists Meridian Split Corridor Phase 2 Public Art Project Page 6 of 6 r3 i S� r,.. v I izl W x W (... Q t i yif f • S I r { ` 3 Call for Artists Meridian Split Corridor Phase 2 Public Art Project Page 6 of 6 EXHIBIT B ARTIST'S PROPOSAL 541-399-3830 CJRPESIGNSTUPIO,COM NE "Under the Sun and Dreaming" Art proposed by C.J. Rench - CJRDesign - 541.399.3830 www.cjrdesignstudio.com 1457 Barker Rd. Hood River, Oregon 97031 gJ;i+tjrdesignstudio.corn Concept Statement: Cities, at their best, help shape the next story of the state in which it resides. They are full: of history and of new promises. "Under the Sun and Dreaming" captures Meridians past and present, the abstract, elements within the sculpture - birds of prey, open skies, orchards, recreation, abundant sun, and a strong connection to natural resources are easily recognizable, playful in nature and visually balanced. "Under the Sun and Dreaming" draws on not only the historical past but also the cultural present and invites viewers to re -visit in their own imaginations what Meridian is, was and will can become. Forms, Color & Meaning: "Under the Sun and Dreaming" will be a twenty -seven -piece monumental stainless steel sculpture standing thirteen feet tall and twenty feet wide. Borrowing from Meridians past and present, the abstract elements within the sculpture - birds of 1011IN prey, open skies, orchards, recreation, abundant sun, and a strong connection to natural resources are easily recognizable and playful in nature. The colors will be the reflections of the natural surroundings and light of the day off the textured' stainless steel. Project Details; Sustainability / recycling; Indirectly the sculpture touches on the themes of sustainability and recycling by highlighting all the wonderful natural elements of the area, thus reminding the viewers of the importance of maintaining our natural resources. With recycling being a key element of the Meridian project, combine with our commitment to sustainability, we will use a minimum of 10% and up to 30% recycled stainless steel to complete the fabrication of the sculpture. Materials Stainless steel is the chosen material for "Under the Sun and Dreaming" for 1Vs timeless artistic quality, it's maintenance free aspect and it's proven record in public sculpture. We will use a minimum of 10% and up to 30% recycled stainless steel to complete the fabrication of the sculpture. • 12 & 16 Gauge Stainless steel. • Internal engineering forms stainless & mild steel TBD. • if Kinetic movement is executed it will be done with thrust bearings. n Construction: • All forms will be constructed out of stainless steel in hollow form manner with internal supports for engineering. • The mounting will be a slip-on mount (via a hoist) with all the mounting hard -wear hidden from view once the installation is completed. • All fabrication done in CJRDesign Hood River studio. Finish: Each form will be textured to follow the lines of the forms. Thus creating various textures and movement in the sculpture. At QRDesign if color is used we use a two-part hi polymer epoxy finish. This is the only way we can have confidence in the longevity and UV resistance of our works. We pride ourselves on providing our customers long term maintenance free works of art! Approximate Size / Weight: n • The sculpture will be approximately 13' feet tall and 20'+ feet wide with the thickness of the forms ranging from 18" to 26"inches. • Approximate weight 42000 lbs total. Location: Taking a long look at both the North and South sites that are available for placement of art. 1 decided to focus on the main entrance, the South site, for a few reasons. One, the North site would not have the overall "Wow" impact or be viewable from multiple sides as the South site will have. Second, a sculpture designed at the proper scale to fit the North site will certainly create a visual barrier and a distraction to the drivers. Finally the orientation to the sun at the North site also leaves a sculpture continually back lit and unfortunately the best view from the neighboring parking lot. • Looking at the site and potential 1 feel it is more important to place a monumental iconic sculpture that can spotlight the arts and culture of Meridian and continue to introduce visitors and locals alike to all that Meridian has to offer. Landscaping: The sculpture, by its shear size, lends itself to either zero-scaping, native planting or minimal landscape for better sustainable water conservation. The landscape 1 would propose for the site would be a few berms and mounds carefully placed to frame and or possibly lift the sculpture. Site Prep: CJRDesign will • Identify any and all plantings that need to be moved or removed by the city or landscapers. • Identify (with help from the City) the location and angle of the cement - mounting pad. • Engineer and have the cement pads and male mounting pipes set in place. • Provide the City the necessary engineering for the pad or pads to be poured. Maintenance: • Using stainless steel provides an extremely durable and low maintenance finish with strong stain resistance. When the shine or finish start to loose the sparkle I recommend using a Zepp stainless steel cleaner found at most home stores like Home Depot. Just spray this on to all the stainless steel and then wipe off with a soft towel. One of the many reasons I like to use the Zepp is it leaves an oily coating on the sculpture and this is a great deterrent for people that think climbing on the art is a good idea. • Tagging: if the Stainless steel gets tagged with paint or some other substance, You can simply use Acetone to remove the marks and then clean again with a Stainless cleaner. • Subcontractor/Supplier? Professional Services List: • Engineering - All Structures Engineering, Taggard OR. • Laser Cutting - B& B Steel Canby, OR. • Misc. Materials - Alaskan Copper / American Steel • Crane / Hoist rental - TBD (local preferred) Possible Timeline: Mid July 2013 Contract Signed* First invoice (50% budget) First payment received Final Design & Engineering, **Materials ordered and purchased. Sept. 2013 Receive materials / Begin Fabrication. Nov. -Dec. 2013 Mid fabrication photos sent * receive second payment (30% budget) Spring 2014 Site Prep/work with the city on the bases or pedestals, May 2014 Delivery & Installation Final Invoice (2D% budget) Final payment received and Dedication. *Timeline Is contingent on signing of contract & first payment. If either of these events Is delayed, our schedule will delay accordingly. "Materials and Engineering will be ordered and purchased only after first payment is received. 1'"\ Selection Committee: Design and scale: As I set out to develop a sculpture for the Split Corridor project, I wanted to design a work that would place the arts and culture of Meridian In the national spotlight. A monumental community valued sculpture that would be iconic for the city of Meridian and quickly bring Meridian equal to or above much bigger cities showing Its commitment to arts and culture. I believe a monumental work as complex, unique and timeless as "Under the Sun and Dreaming" can accomplish these lofty expectations. Dimensionally: Each form will have much more dimensionality then I can make in a small flat model. I'll try to explain, as you look at the top horizontal form of the skyline and wind, when this is built it will look more like a ribbon where the tail crosses over the top of the length, so it will not be one flat surface like the model. Many other forms are built out this way also. Open option is Kinetic? Looking over the sculpture there are a few possibilities for kinetic elements, if you as the committee feel it will not be a distraction for the drivers. The bird of prey on the left side and or the cloud could be kinetic. These elements would spin in a breeze and can both be done with -in the budget. I don't feel this would be distracting to the drivers but it would add a level of interaction with the sculpture always changing. I leave this decision up to you. Open option 2: Color? While designing the sculpture I picked stainless steel for the piece for a few reasons. + zero maintenance, no fading or touch up, easily cleaned when tagged, • Exciting, constantly changing reflections all year long. • Timeless presentation with a richer more expensive look. However, if as a committee you feel that a few or all the pieces would fit Meridian better as a color this is absolutely possible. We can paint one, two, three or all pieces, one or multiple colors. This Is all possible also with -in the budget and is up to you. Thank you for allowing me to be part of this process, I hope you enjoy "Under the Sun and Dreaming" as much as I enjoyed designing a piece specifically for my old home area. Enjoyl My Best "Under:h.Sun,and Dreaming" Project Pricing Budget Overview Under the Sun and Dream, 13`.feet tali X 20' wide 5 Budget; Artist Design & development, . $42,000.00 project management,,shop o�►rihead,'insurance, etc, r Engineering ', . $Z,804t�J0 5, ,CNS computer yet up /cutting ._. �., $850.00 illlafierials 39,470 , :.. r Fabrj.,atIQp $1�8; .00. .. h R Finislaing1irrie / txtureing -000 F 1,50,00 Foundation engineering $8Q0,00 FoundafiiQn / cement work {$4,500.00 ti Trq ck recital 4 ;r 680.00 crane rental 00 Talrel t.itime and lod. �n g 9. ` $150.00 Permits . }.. ,W $500.00 ryContingencyfund $5,280.40;. Tota! ,,$95;000,00 541-399-3830 CJRDESIGNSTUDIO.COM Meridian City Council Meeting DATE: January 14, 2014 ITEM NUMBER: 4F PROJECT NUMBER: ITEM TITLE: INTERAGENCY LEASE AGREEMENT ACHD Interagency License Agreement with Ada County Highway District (ACHD) to Encroach Upon a Portion of the Public Right -of -Way to Install Conduits that Enclose Fiber Optic Cable MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 14, 2014 ITEM NUMBER: 4G PROJECT NUMBER: ITEM TITLE: AWARD OF BID AND APPROVAL Award of Bid and Approval of Agreement for'PTSC Ditch Tiling" to Thueson Construction, Inc. for the Not -To -Exceed Amount of $58,700.00 MEETING NOTES k Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-AAAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Max Jensen, Jacy Jones Date: 1/9/14 Re: January 14 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following items be placed on the January 14"' City Council Consent Agenda. Award of Bid and Approval of Agreement for "PSTC Ditch Tiling - Construction" to Thueson Construction, Inc. for a Not -To -Exceed amount of $58.700.00. This award is the result of the Formal IFB issued December 19, 2013 and opened January 6- 2014. Five bids were received. Recommended Council Action: Award of Bid and Approval of Agreement to Thueson Construction, Inc. for the Not -To -Exceed amount of $58,700.00. Thank you for your consideration. 0 Page 1 meo "IfElAIADocument A132Tm 2009 Standard Form of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition AGREEMENT made as of the 8th day of January in the year 2014 (In words, indicate day, month and year:) ADDITIONS AND DELETIONS BETWEEN the Owner: The author of this document has added information needed for its (Name, legal status, address and other information) completion. The author may also have revised the text of the original City of Meridian AIA standard form.. An Additions and 33 E. Broadway Deletions Report that notes added Meridian, ID 83642 information as well as revisions to the standard form text Is available from the author and should be and the Contractor: reviewed. A vertical line in the left (Name, legal status, address and other information) margin of this document indicates where the author has added Thueson Construction, Inc. necessary Information and where 455 S. Kings Rd. the author has added to or deleted Nampa, ID 83687 from the original ALA text. This document has important legal consequences. Consultation with an �., for the following Project: attorney is encouraged with respect (Nance, location and detailed description) to its completion or modification. .Meridian Public Safety Training Center This document is intended to be ower used in conjunction with AIA MerE. n, Ida Meridian, Idaho $3642 Documents A2321m-2009, General Work defined in Bid Package #1 Hunter Lateral Tiling Conditions of the Contract for Construction, Construction Manager The Construction Manager: as Adviser Edition; B1 321rm -2009, Standard Form of Agreement (Name, legal status, address and other information) Between Owner and Architect, Construction Manager as Adviser The Ewing Company, Inc. Edition; and C132TM 2009, 1500 Eldorado, Ste. #l4 Standard Form of Agreement Boise, ID 83702 Between Owner and Construction Manager as Adviser. The Architect: AIA Document A232Tm-2009 is (Name, legal status, address and other information) adopted in this document by reference. Do not use with other 5 general conditions unless this 5oh St. 2 50 SS. 2. S document Is modified. Boise, ID 83702 The Owner and Contractor agree as follows, f , �i /'h I' Init. AIA Document reserved, wAF this AIAe Docs under the law; not for UserNotes: I Vformeriy A101 T"CMa`-1992). Copyright ®1875;1980,1892 and 2009 by The American institute of Architects. All rights 4 Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of Wrtion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible was produced by AIA software at 10:52:31 on 01/0812014 under Order No.3374717522_1 which expires on 04/2912014, and is (1412785498) e0,111\ TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTERESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement, if it dii ffers from the date of this Agreement or, if applicable, state that the date hill be fixed in a notice to proceed.) Date of Commencement will be fixed by "Notice to Proceed". If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanics' liens and other security interests, the Owner's time requirement shall be as follows: N/A § 3.2 The Contract Time shall be measured from the date of commencement, § 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ( ) days from the date of commencement, or as follows: (Insert number ofcalendar days. Alternatively, a calendar date pray he used when coordinated with the date of , y� commencement. If appropriate, insert requirements, for earlier Substantial Completion of certain portions of the Work.) �1 AIA Document A132'" — 2009 formerly Al Ol TMC Ma -1992). Copyright 01975, 1980,1992 and 2009 by The American institute of Architects. All rights Init. reserved. WARNING: this AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA+° Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible t under the Iaw.This documentwas produced by AIA software at 10:52:31 on 01108!2014 under Order Na3374717522_1 which expires on 04/2912014, and is not for resale. User Notes: (1412785498) /`\, Init. Portion of the Work All Substantial Completion Date March 14, 2014 , subject to adjustments of this Contract Time as provided in the Contract Documents, (Insert provisions, if any, for liquidated damages relating to failure to achieve Substantial Completion ort time orfor bonus payments for early completion of the Work.) Liquidated Damages are $500.00 per calendar day, ARTICLE 4 CONTRACT SUNT § 41 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be one of the following: (Check the appropriate box) (X J Stipulated Sum, in accordance with Section 4.2 below j Cost of the Work plus the Contractor's Fee without a Guaranteed Maximum Price, in accordance with Section 4.3 below Cost of the Work plus the Contractor's Fee with a Guaranteed Maximum Price, in accordance with Section 4.4 below (Based on the selection above, complete Section 4.2, 4.3 or 4.4 below. Based on the selection above, also complete either Section 3.1.4, 5. L5 or 5.1.6 below.) § 4.2 Stipulated Sum § 4.2.1 The Stipulated Sum shall be Fifty Eight Thousand Seven Hundred Dollars ($58,700.00 ), subject to additions and deletions as provided in the Contract Documents. § 4.2.2 The Stipulated Sum is based on the following alternates, if any, which are described in the Contract. Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If the bidding orproposal docnntents permit the ('Avner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternatesshowing the amount for each artd the date when that amount expires) § 4:2,3 Unit prices, if any: (Identify and state the unit price, and state the quantity limitations, if any, to which the unit price will be applicable.) Item Units and Limitations Price per Unit ($0.00) § 4.2.4 Allowances included in the Stipulated Sum, if any: (identify allowance and state exclusions, f any, front the allmvance price) Item Allowance § 4.3 Cost ofthe `Work Pius Contractor's Fee without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. CP' J (Paragraph deleted)` (Table deleted) i AIA Document A132r* 2009�formeriy A101 TMCMa —1992). Copyright ®1975, 1980,1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 3 this AIAe Document, or any portion of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:52:31 on 0110812014 under Order No.3374717522_1 which expires on 0 412 912 01 4, and is not for resale. User Notes: (141278549$) �—� (Paragraphs deleted) § 4.4 Cost of the Work Plus Contractor's Fee with a Guaranteed Maximum Price I' This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) (Table deleted) (Paragraphs deleted) (Table deleted) (Paragraphs deleted) ARTICLE 5 PAYMENTS § 5.1 Progress Payments § 5.1.1 Based upon Applications for Payment submitted to the Construction Manager by the Contractor, and upon certification of the Project Application and Project Certificate for Payment or Application for Payment and Certificatefor Payment by the Construction Manager and Architect and issuance by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. § 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: § 5.1.3 Provided that an Application for Payment is received by the Construction. Manager not later than the 25th day of month, the Owner shall make payment of the certified amount in the Application for Payment to the Contractor not later than the 25th day of the following month. If an Application for Payment isreceivedby the Construction Manager after the application date fixed above, payment shall be made by the Owner not later than Thirty (30 ) days after the Construction Manager receives the Application for Payment. (Federal, state or local laws may require payment within a certain period oftime.) § 5.1.4 Progress Payments Where the Contract Sum is Based on a Stipulated Sum �\ § 5.1.4.1 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Construction Manager and Architect may require. This schedule, unless objected to by the Construction Manager or Architect, shall be used as a basis for reviewing the Contractor's Applications for Payment. § 5.1.4.2 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. § 5:1.4.3 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Five percent 5 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Section 7.3.9 of the General Conditions; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Zero percent( 0 %); .3 Subtract the aggregate of previous payments made by the Owner; and ,4 Subtract amounts, if any, for which the Construction Manager or Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of the General Conditions. § 5.1.4.4 The progress payment amount determined in accordance with Section 5.1.4.3 shall. be further modified under the following circumstances: t Ll Init. AIA Document Al32TM - 2009 tormerly Al1 "1CMa -19921. Copyright 01975, 1980, 1992 and 2009 by The American institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. copyright Law and tntematlonal 'treaties. Unauthorized reproduction or distribution of 4 this AJO Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible t under the law; This document was produced by AIA software at 10:52:31 on 01108/2014 underOrder No.3374717522�t which expires on 0412912014, and Is not for resale. User Notes, (1412785498) .I Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to One- Hundred percent (100 %) of the Contract Sum, less such amounts as the Construction Manager recommends and the Architect determines for incomplete Work and unsettled claims; and .2 Add, if final completion of the Work is thereafter materially delayed throughnofault of the Contractor, any additional amounts payable in accordance with Section 9,10.3 of the General Conditions. § 6A.4.6 Reduction or limitation of retainage, if any, shall be as follows: (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting front the percentages inset -led in Sections 5.1.4.3.1 and 5.1.4.3.2 above, and this is not explained elsewhere in the Contract Documents, insert herepr ovisions for such reduction or limitation) § 51.5 Progress Payments Where the Contract Sum Is Based on the Cost of the Work without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) § 6.1.6 Progress Payments Where the Contract Sum is Based on the Cost of the Work with a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) § 6,2 Finan Payment § 53.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractorwhen .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in; Section 12.2 of AIA Document A232-2009, and to satisfy other requirements, if any, which extend beyond final payment; .2 the Contractor has submitted a final accounting for the Cost of the Work, pursuant to Exhibit A, Determination of the Cost of the Work when payment is on the basis of the Cost of the Work, with or without a Guaranteed Maximum payment; and .3 a final Certificate for Payment or Project Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the final Certificate for Payment or Project Certificate for Payment, or as follows: ARTICLE 6 DISPUTE RESOLUTION § 6.1 Initial Decision Maker The Architect will serve as Initial Decision Maker pursuant to Section 15.2 of AIA Document A232-2009, unless the parties appoint below another individual, not a party to this Agreement, to serve as Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker; if other than the Architect) § 6.2 Binding Dispute Resolution For any Claim subject to, but not resolved by, mediation pursuant to Section 15.3 of AIA Document A232-2009, the method of binding dispute resolution shall be as follows: (Check the appropriate box. If the Owner and Contractor do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than litigation, Claims will be resolved by litigation in a court of competent. jruasdiction) [ ) Arbitration pursuant to Section 15.4 of AIA Document A232-2009. [ X ] Litigation in a court of competent jurisdiction. [ ] Other: (Specify) r AIA Document A1321" - 2009 formerly A101 TMCMa —1892). Copyright 0 1975, 1980, 1992 and 2009byThe American institute of Architects. All rights [nit. reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or disbibution-of 5 this Ate document, or any portion[ of it, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible t under the law. This document was produced by AIA software at 10.52:31 on 01/08/2014 under Order No.3374717522_1 which expires on 04/29/2014, and is not for resale. User Notes; (1412785498) Init. ARTICLE 7 TERMINATION OR SUSPENSION § 7,1 Where the Contract Sum Is a Stipulated Sum § 7.1.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A232-2009. 7.1.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A232-2009. § 72 Where the Contract Sum Is Based on the Cost of the Work with or without a Guaranteed Maximum Price This section deleted as it does not apply to this Stipulated Sum contract. (Paragraphs deleted) ARTICLE 8 MISCELLANEOUS PROVISIONS § 81 Where reference is made in this Agreement to a provision of AIA Document A232-2009 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 8.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) Zero % e 0 § 8.3 The Owner's representative: (Nante, address and other information) Max Jensen Project Manager City of Meridian 33'E. Broadway Ave. Meridian, 1D83642' § 8.4 The Contractor's representative: (Name, address and other information) Dan Bastian Project Manager Thueson Construction, Inc. 455 S. Kings Rd. Nampa, ID 83687 § 8.5 Neither the Owner's nor the Contractor's representative shall be changed without ten days written notice to the other party. § 8.6 Other provisions: ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS § 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below. § 9.1.1 The Agreement is this executed AIA Document A132-2009, Standard Fortis of Agreement Between Owner and Contractor, Construction Manager as Adviser Edition. under the law. This not for resale. User Notes: Document is protected by u>: tion of it, may result in severe s produced by AIA software at 2009 by The American Institute of Architects. All sat Treaties. Unauthorized reproduction or dit J will be prosecuted to the maximum extent p or No.337471 7522_1 which expires on 04129120' (1412785498) 1*"� AW snit. § 9.1.2 The General Conditions are, AIA Document A232-2009, General Conditions of the Contract for Construction, Construction Manager as Adviser Edition. § 9.1.3 The Supplementary and other Conditions of the Contract: Document Title Date 00810 Supplementary 12/17/13 Conditions 00500 Contractor Agreement § 9.1.4 The Specifications (Either list the Specifications here or refer to an ewhibit attached to this Agreement) Section Division 1 All Sections Tide Date General Requirements 12/17/13 ISPWC (sections as required) City of Meridian Supplemental (sections as required) §'9.1.5 The Drawings: (Either list the Drawings Here or refer to an exhibit attached to this Agreement.) Number C0.0 C1.0 C2.0 C3.0 § 9.1.$ The Addenda, if any: Number No Addenda Title General Information Erosion Control Plan Plan and Profile Junction Box Details Date` Pages b Pages Date stamped 12/4/13 stamped 12/4/13 stamped 12/4/13 stamped 12/4/13 Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. § 9.1.7 Additional documents, if any, forming part of the Contract Documents are: (Paragraphs deleted) 4 Other documents, if any, listed below: (List here any additional documents which are intended to for7n part of the Contract Documents. AIA Document A232-2009provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor• s bid are not par? of the Contract Documents unless enumerated in this Agreement. They should be listed here only f intended to be Part of the Contract Documents.) Contractor's" Bid ARTICLE 10INSURANCE AND BONDS The Contractor shall purchase and maintain insurance and provide bonds as set forth in Article i 1 of ATA Document A232-2009. (State bonding requirements, if any, and Inuits of liability for insurance required in Article 11 of AIA Document f>-� A232-2009.) l not for resale. User Notes: (1412785498) F /11N Type of Insurance or Bond Limit of Liability or Bond Amount ($0.00) Performance and Payment Bond 100% Liability and Workman's Compensation See attached Exhibit 1 This Agreement is entered into as of the day and year first written above Tammy de name (Signature) name and Init. AIA Document A132"' — 2009 Prmarly A101 TMCMa —1992). Copyright ®1975, 1980, 1992 and 2009 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 8 this AIA® Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible t under the law. This document was produced by ALA software at 10:52:31 on 01/08/2014 under Order No.3374717522 1 which expires on 04/29/2014, and is not for resale. (1412785498) User Notes: W CONTRACTOR BID FORM CITY OF MERIDIAN PUBLIC SAFETY TRAINING CENTER MERIDIAN, ID Bid Due by: 2:00 PM Bid Date: January 6, 2014 Bid Package # 1 Bid Package (Name: HUNTER LATERAL TILING Submitted by: (Company Name) oes V-- _ 14,We .i Having carefully examined the Place of the Work and all matters referred to In the Instructions to Bidders and the Contract Documents and all conditions affecting the work including availability of materials and labor, the undersigned hereby proposes to furnish all labor, materials, supplies, equipment, supervision, bonds and insurance In accordance with the Contract documents, within the, time set forth therein, and at the prices stated below. Bidder hereby agrees to commence work under this contract on or before a date to bespecifiedin written "Notice to Proceed" by the owner and substantially complete the work within the times stipulated in the enclosed construction schedule. Bidding/General Conditions Division 1 General Requirements (All Sections) Plans issued by CSHQA stamped 1214!13 ISPWC and City of Meridian Supplemental In addition to the work required in the above sections, this bid item includes but is not limited to the following:. • Perform all site demolition work as indicated. Dispose of legally off site. • Provide material, labor, and equipment to install concrete pipe, concrete boxes, and sleeves under pipe as shown on plans. • Trench backfill material to finish grade shown will be 6"minus imported per ISPWC 801. • Dispose of ali excess material legally off site • Cap and mark ends of sleeves. • Provide new 12" canal gate capable of being operated within the newjunction box. • Perform all work in accordance with the plans and specifications, ISPWC, and City of Meridian Supplemental. • Provide temporary cover and heat as needed to protect concrete structures and subgrade under structures. • This bid package to include all traffic control, street cleaning and repair of damage to existing facilities (roads curbs, asphalt, etc.), • Procurement and cost of water for compaction and dust control as required; • Construction and maintenance of access roads and dust control for entire construction site for duration of project. • All special permits required to complete this work. • Erosion and sediment control are the responsibility of this contractor. Set up and maintain all BMP's per Erosion control plan and City of Meridian requirements. • Set up and remove concrete washout as required. • Restore area south of south property line to adjacent property owners satisfaction and per Appendix E Temporary Construction Easement. • Earthwork is to be done in accordance with the plans and the Geotechnical Report by Bob J Arnold P.E. • Contractor shall properly cover and protect the work of others from damage or soiling due to their performance of this work and shall include the cleaning, restoring or replacement of any such work damaged or soiled in the performance of this work. CONTRACTOR BiD FORM Bid Package # 1 Page 1 of 2 Hunter Lateral Tiling j �� /,..N /001 Acknowledgement of Addendum: #, i / / I# -- j / / I k-( / / I ( / / ) Bid Amount (including all applicable taxes; M Base Bid: $ 73 a The undersigned understands that The Ewing Co. Inc., and the Owner, reserve the right to accept, rejector negotiate any and/or all bids and wave any informality in the bidding. Final award is subject to approval by the owner. This proposal shall remain in effect for sixty (60) days past the bid date. The undersigned acknowledges receipt and acceptance of theproject schedule Issued with Instructions to Bidders. Company ue3C[ esvltC� t Business Address:. Public WorksLicense No.: S -Z:) 6.2,e- X — 14 Expires: -4 Idaho Registr 41 Signature? Printed Name Phone Number. 14&L— g s Fax Number. ! &42- r(. (Seal if bid is by a corporation) Subcontractor. (if Applicable) Company: Business Address: Public Works License No.: Expires: Idaho Registration No.: Expires: Phone Number. Fax Number. (if there is more than one Subcontractor, provide the same data above as an attachment to bid) CONTRACTOR BID FORM Page 2 of 2 c* Bid Package # 1 Hunter Lateral Tiling 10�'\ QQ EXHIBIT I INSURANCE REQUIREMENTS Worker's Compensation a. State: Idaho Statutory b. Applicable Federal Statutory C. Employer's Liability_: $100,000 per Accident $500,000 Disease, Policy Limit $100,000 Disease, Each Employee 1. Commercial General Liability (including Premises -Operations, Independent Contractors, Blanket Contractual, Products and Completed Operations, Broad Form Property Damage (including Completed Operations) and coverage for X (explosion),C (collapse), and U(underground) hazards) a. General Aggregate $2,000,000 (limit to apply Per Pr^ject) b. Products -Com lep ted Operations Agg+rcgate $2,000,000 c. Personal and Advertising Injury $1,000,000 d. Each Occurrence $1,000,000 e. Fire Damage (any one fire) $50.000 f. Medical Expenses (any one persons 00 3. Business Auto Liability a. $1,000,000 combined single limit of liability for bodily injury and property damage each accident covering all owned, non -owned and hired autos 4. Umbrella Liability: $1,000,000 each occurrence and aggregate. Any policy required by this section may be arranged under a single polic for or the full limit required, or by a combination of underlying policies with the balance provided by an Excess or Umbrella Liability Policy The Owner and the Construction Manager shall be named as an additional insured on the insurance required above and the insurance shall contain the severability of interest clause as follows: "the insurance afforded herein applies separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the company's liability." Meridian City Council Meeting DATE: January 14, 2014 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: ECONOMIC DEVELOPMENT Economic Development: Fields District Consultant Presentation MEETING NOTES SArev S-pa�ld�n ? ��n� P� -- ShqU-)rll 611 S 0,1 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS EIDI AN;-000) - Fields Innovation District Phase 1 Report January 8, 2013 Presented by Pegasus Planning and Development and Point A Consulting , Point A Consulting This document includes an Executive Summary of findings, Appendix A (Phase I Analysis and Findings) and Appendix B (Original Scope of Work for Phase 1). The Appendices are referenced throughout the Executive Summary. Executive Summary The City of Meridian hired Pegasus Planning and Development and its partner, Point A Consulting to conduct a preliminary investigation to determine if the City of Meridian and the Boise -Meridian -Nampa MSA could support an Agriculture and Bioscience Mixed-use Research & Innovation Project, currently dubbed The Fields Innovation District (Appendix A, pp 3-4). As conceived, the District would be located in the northwest corner of Meridian, lying in the Area of City Impact (AOIC) between current city boundaries and the Canyon -Ada County Line (Appendix p 5 & 12). Phase One of this analysis has revealed: 1) that there is stakeholder support for a research and economic development -focused Agricultural initiative; 2) regional and local economic and demographic factors support this initiative; and 3) agricultural and research assets and opportunities can be leveraged for this initiative. Preliminary investigation also found that this initiative could become a catalyst for more strategic, long-range economic development in Meridian—as a companion strategy to the city's existing efforts for healthcare, retail, revitalization and overall economic development diversification. The Fields District initiative falls at the nexus of several concurrent land use and economic issues impacting the City of Meridian, the Treasure Valley, and the Ag/Bioscience industries as a whole. Land Development R Challenges Ag Heritage Task t0 Population Growth Consultants Developer -driven growth Development vs Preservation Homogenous Land Use Fields Economic District Ag -/Bioscience Diversification Economy Issues Issues Need more local jobs Meridian vs Idaho Become "live, work, raise Idaho vs the World family" city Declining research funding Need more product Political Pressure Rising cost of inputs Over the course of three phases, the consultant team has been tasked with working collaboratively with local officials to identify ways in which the Fields District concept can provide an integrated, sustainable solution to these issues. This summary and the accompanying Appendices document only Phase I. 2 Key Findinss The findings from Phase One are further detailed in the attached report (Appendix A) that was presented to City Council and staff on December 911 and 10" 2013. Some additional data points have been added for clarification purposes. Key findings from this Phase include the following: - The Boise -Meridian -Nampa region is fast growing (pp 9-10, 19) - Meridian is young and highly educated (p 20) - Meridian lacks more commercial (non -retail) "product" (pp 12-13) - The MSA is blessed with a unique blend of technology, agriculture, and business services clusters (pp 21- 28, 48-50) - Agricultural land preservation will be difficult, given existing state/regional land use and preservation policies and overall development demand (pp 8-10, 30, 38, 40-44) - Entrepreneurial development is in an infancy stage in the region, but still presents opportunities (Appendix A pp 37, 48, 71) - Educational partners (Meridian ISD, Boise State University, University of Idaho) are interested in supporting this initiative (p 54) - Strong ag-related understanding and interests exist among senior policymakers at all levels of local and state governance (Appendix A, p 37, 44) - Local economic development initiatives (The Core) and existing statewide collaborations (Idaho Global Entrepreneurial Mission/Center for Advanced Energy Studies) provide ample opportunity to build on past successes, though ag collaborations have been limited (Appendix A, p 38, 70-71, 45-48, 56) - Workforce development and talent attraction remain preeminent challenges in the region (pp 41, 45, 61) - Opportunities exist whether adopting a place -based or program -based focus for this initiative (pp 66-78) Scope of Work & Process As per the original Request for Proposals (RFP) and Pegasus' corresponding proposal for the Fields District Study, the process is designed to be accomplished in 3 -Phases over the course of 8 months (Appendix A, p 5), with the final two phases contingent upon an affirmative decision made after initial analysis in Phase I. Upon award of the RFP, the Pegasus team worked collaboratively with City personnel to draft the Scope of Work for Phase I. The Scope of Work for Phase I was divided into five key tasks: 1. Finalize Phase I Scope of Work: through a collaborative process with the City, we created a scope to be accomplished in approximately 2.5 months. (Appendix B) 2. Background Research: Investigating the area's economic conditions by way of demographic, ag/tech cluster, employment, and infrastructure analysis in the area. This includes a study of planning related documents and future land uses and transportation investment in the Meridian area. 3. Stakeholder Identification and Engagement: Pegasus and Point A identified key stakeholders for engagement in the early phases of conceptualization and analysis. City staff provided input as to priorities for bringing additional stakeholders into the process. Interviews were conducted with a large number of individuals and organizations across the public and private sector. Should the City's decision coincide with the consulting team's recommendations and proceed onto Phase II, there remain a large number of individuals and groups who should be included in future stages of Stakeholder outreach. This will continue to be a major effort of future phases. 4. Asset Mapping and Analysis: Based on quantitative and qualitative analysis, and with particular attention paid to the assets identified in the "Fields Innovation District: Meridian's Ag Bioscience Business Enterprise Cluster" White Paper provided by the City, the consulting team identified key institutions and actors of relevance to the project, and provided a preliminary assessment of each. 5. Go/No-Go Decision: Completion and submittal of a Final Report indicating whether, based on existing assets and opportunities, the City should proceed into Phase II & III. 3 Phase I involves a preliminary analysis of stakeholder support and regional agricultural and institutional assets to provide a basis for a "Go"/"No Go" decision to move forward. Phase II involves collaboratively developing conceptual plans for development and conducting a full feasibility study utilizing land development models and best practice analysis. Phase III consists of converting the final conceptual plan into an implementation plan that will include a land use framework plan as well as recommendations for detailed partnership models, governance structures, timelines, strategic initiatives and targets for completion. Detailed Findines Historic Land Development & Planning Context New residential subdivisions are often built in "Greenfields" located on the edge of urban/suburban communities and, as a result, our nation's farm and ranchland is being fragmented and lost. Meridian is no exception - it is growing rapidly and is in one of the richest farmlands in Idaho (Appendix A, pp 8-10). The Southwestern region of Idaho, dubbed "Treasure Valley", is blessed with a semi -arid climate conducive to growing crops and seeds. Despite Idaho's strong agriculture -based industries and heritage, thousands of rural and agriculturally -active acres are at risk of encroachment and development. The State of Idaho is a strong property rights state and hence, efforts at farmland preservation have had little success in Idaho. Meridian's central location, proximity to the area's major job core, and affordability for upwardly mobile families have precipitated expansion of market-driven subdivisions that have not been planned with sustainability or land preservation in mind (p 9). It is no surprise that Meridian has maintained double-digit annual population growth for the last few decades (p 7, 18, 19). It is likely to continue high -paced growth for the next two decades, and is projected to arrive at a population of 138,564 by 2035 (p 19). The City has been proactive in its attempts to diversify land uses, building types, and the city's economy and tax base. In the past decade the City has brought the overall share of residential development down by approximately 14% (p 13). Meridian has accomplished this through its focus on planning development within key corridors identified in the Comprehensive Plan, known as Business Enterprise Areas with their own Specific Area Plans (Appendix A p 13). The Fields District is one such Business Enterprise Area, and the City has already articulated its aspiration to use this area as a mixed-use corridor home to an innovative cluster of ag/bioscience related private and academic institutions. The efforts of this study will further articulate and define what this area can support based on current realities and opportunities. Within the planning context, transportation planning is an issue that will influence the development potential of the proposed Fields District. Regional connectivity is a must for this site. Many existing assets in the region related to Ag/Bioscience are located near limited access highways, rail lines, or in an urban core depending on their need to ship goods or be proximate to clients and workers. The Fields District currently has no access to rail and is surrounded by open -access or Farm -to -Market roads. While eventual rail access is a possibility, investments in rail and transit have been focused on the 1-84 corridor. Funding and completion of the proposed Highway 16, fully equipped with connections to US 26/20, will have both local and regional impacts, as will the Fields District development. Enriching the discourse surrounding these transportation connections by communicating the regional and state economic development benefits will help to create political and financial support for the completion of the roadway projects and for the success of the Fields District. Economic Analysis & Ag -Industry Analysis Meridian's strong demographics (age, affluence, education – see pp 18-20) and the region's predominantly services, technology and ag-oriented economy aptly corroborate the City's assertion that Meridian is located at the "intersection of agriculture and technology" (pp 21-30). While Meridian's economy currently reflects rapid residential growth—with construction and finance dominating local employment—continued growth coupled with economic development strategic planning like that of the Fields District initiative place Meridian on firm footing to achieve its potential. 4 With respect to assessing Meridian's agricultural strengths, opportunities or constraints, the consulting team first established a taxonomy of agricultural activities or elements (see pp 31-34). The purpose of this step was to ensure clear and consistent understanding of what is meant by "agriculture", or, "agricultural research". Strengths in growing crops are, for instance, significantly different than strengths in livestock production. Conversely, the factors that make an area suitable for food processing may be at odds with the characteristics of an area suitable for "research". And above all, "research" has an extremely wide range of meanings –from field research to test new seed varieties to laboratory research on genetics, to other forms of research that may support agriculture practices and production processes, such as those related to energy, water, waste, etc. With this taxonomy in hand, the consultants then applied a number of different "rating factors" to each type of agricultural activity (pp 35-36). This exercise focused in particular on the difference between types of agricultural activities that take place, literally, in "the fields", versus those that are more suitable for an urban or semi -urban area. And, clearly there is a continuum of activities and locations that spans agricultural production ("growing things") versus agricultural processing (e.g. making food or value-added agricultural outputs), versus research activities that range from field tests to high-end laboratory work. The key to this analytic framework is the concept of "suitability" – suitability for primarily rural areas, suitability for transition rural -suburban and infill areas, or suitability to true urbanized (city) environments. This table used a simple ranking system based on categories of "Low", "Medium" or "High" probability, asking the question of whether an agricultural element is a) present, is b) suitable, or c) could become a building block for the future Fields District strategy. The final step in creating a strategic framework, based on the analysis of Meridian's agricultural assets, was to ask two basic questions for each of the identified types of agricultural activity: First, what are the benefits in terms of new jobs and economic opportunity that can be generated for Meridian if that type of activity expands? And second, if Meridian's strategy is going to emphasize a particular type of agricultural activity, is it more likely to be located in a truly rural area of Meridian, or will it be more suitable and likely to thrive in the more fully urbanized parts of Meridian? These two fundamental questions are illustrated by use of a four-square diagram (p. 37), where each agricultural element falls into a quadrant, aligned along the rural -to -urban dimension and simultaneously with a low -to -high opportunity continuum. From this, we can identify those activities with a higher value -proposition for success, and that deserve further investigation as part of the emerging Fields District strategy. Stakeholder Input Stakeholder input has been a critical -path element within the consulting team's approach to this study. A wide range of individuals representing diverse institutions have been engaged. Site visits were conducted at the University of Idaho Caine Veterinary Center and the Caldwell Complex / Food Technology Center (p 41). This has provided validation for some of our initial perceptions of opportunities and challenges in the area, and also they revealed nuances that can only be gained by speaking with local experts. For example, the economic development professionals interviewed helped to define the competitive landscape at the global, national, and regional scale and the challenge with allocating resources in such an environment. Political leaders and champions of the idea called attention to the great need for a creative method to preserve farmland. They informed our view of the region's political topography, the stringent legal system in relation to land/property rights, and identified stakeholders whose inclusion will be critical to the success of any future initiative—ex: larger agribusiness in the region, local farmers, and strong Ag -organizations. There is also potential leverage from the rising interest from Asian markets in Idaho's Ag products. Private sector leaders indicated interest particularly if the initiative helps to address workforce challenges or encourages innovation. Universities noted their current status as "research silos" and expressed interest in creating a context for collaboration. Producers are interested in finding ways to expand into new markets and develop stronger or value-added products through research. (For more detailed takeaways from across these stakeholder groups, see Appendix A pp 43 — 66). Overall, despite some cautions with regard to Ag -preservation and the completion of Highway 16, the feedback received can be described as optimistic and supportive. It has been easy to communicate and gain agreement on the possibilities of the Fields District Initiative, but there is still a question of exactly what the final product or outcome of a thoughtful and well-timed combination of opportunities and assets will be. Stakeholders remain interested in seeing what this product is, but generally support the concept. Potential Scenarios & Case Study Analysis During Phase I the Consultants also identified specific Scenarios as a way to frame the opportunities for Meridian's agricultural economic development initiatives. These are proposed for further analysis as part of a full Case Study analysis in Phase II. These Scenarios focused on the following broad categories of activity: Education/Workforce Initiatives (p 68): With particular attention to connecting K-12 or Pre -college programs in high schools such as: o Meridian Professional Technical Center/Renaissance HS: a local precedent that has garnered success in the health & natural sciences o Locust Trace AgriScience Farm in Lexington, KY: with course work in animal and plant sciences as well as post -secondary certification programs o Arrowhead Research Park, Las Cruces, NM: which is located as an anchor tenant within an existing research park • University Consortiums (p 69): locally the Idaho Falls Center forAdvanced Energy Studies provides a point of leverage for aligning area universities around an industry -based education and research collaborative (p 69) • Ag -Oriented Research Parks (p 70): o Treasure Coast Research Park, FL: anchored by a USDA ARS facility and university Extension o Kansas City Bioscience Park: a component of a multi -state bio and animal science corridor with participation across academia and the private sector o BiOhio Research Park, OH: recently won a large grant from US EDA for innovations that are fueling economic development in the area • Agritourism Destination (p 71): o Western Idaho Fairgrounds, Garden City: multi -use facilities that host year-round public events and an annual Ag fair o Puyalllup, WA: the largest fair in the US and home to several accompanying educational programs and tourism related events • State Initiatives (p 72): o North Carolina Biotechnology Center: private non-profit with a mission to continue attracting and building the biotech industry state-wide o Idaho Global Entrepreneurial Mission (IGEM): a relatively new Idaho -based initiative to promote university -industry collaboration • Research Institutes (p 73): could be a single, non-profit/for-profit entity housed in a single building or on a relatively small site with office and lab facilities o MATRIC, WVa: chemicals and plastics processing research o Danforth Plant Science Center, MO: planning an expansion in coming years o Alexandria Ag -Tech Center: planned for the NC Research Triangle Park • Research Parks (p 74): large placed -based developments that are home to a variety of tenants including non-profits/for-profit research institutions, small firms, and incubators 0 o NC Research Triangle Park: the nations largest, foremost example; the park was developed over decades and is located adjacent to three premier research universities, in a geographic context making it conducive to talent attraction, and business recruitment and retention o Purdue Research Park, Statewide across Indiana: the main park a classically -defined research park while its sister sites house incubators, however little if any ag-related companies. Among these categories, the consulting team believes the most pertinent scenarios for Meridian include: - Workforce Development/Business Collaborations: given current strengths in area school districts and universities along with the increasing demand for more qualified workforce that is sourced locally - Ag/Tech Research: capitalizing on the region's competitive advantage for IT, the growth in Ag -related information technology and the area's unique placement in a highly predictable, temperate climate - Commercialization/Incubators: providing a site for firms and research groups to develop and take technologies and patents to the market - University Consortia: combining the individual strengths of the state's research institutions though a collaborative program that allows for innovative, interdisciplinary curricula and research projects These coincide with existing economic and ag-bioscience related strengths and assets of Meridian and the region and will be further analyzed in Phase two. Preliminary Recommendations & Next Steps At this time, the consultant team believes there are strong opportunities across a variety of strategic initiatives that warrant a "Go" into Phase II and III, which will allow us to dig further into which concept or group of concepts are best suited as the framework for implementing a Fields District strategy. • Consultants recommend that the Meridian City Council approve this analysis and these recommendations and then engage the consultant team to move forward with both Phase II and III as a combined effort. Furthermore, we recommend that Phase II and III be part of an overall economic development strategy for the City of Meridian. This will require additional scope of work development. 7 Meridian City Council Meeting DATE: January 14, 2014 ITEM NUMBER: 6 PROJECT NUMBER: ITEM TITLE: Items Moved From Consent Agenda MEETING NOTES NjoY*-\e Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 14, 2014 ITEM NUMBER: 7A PROJECT NUMBER: ITEM TITLE: MAYOR'S OFFICE - STRATEGIC PLAN UPDATE Mayor's Office: Strategic Plan Update MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 14, 2014 ITEM NUMBER: 7B PROJECT NUMBER: ITEM TITLE: RESOLUTION NO. Mayor's Office: Resolution No. t - Ct a Resolution Appointing Darrel McRoberts to Seat 8 of the Meridian Transportation Commission MEETING WHO Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS r1 CITY OF MERIDIAN RESOLUTION NO. (A - a I- -j BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN APPOINTING DARREL MCROBERTS TO SEAT 8 OF THE MERIDIAN TRANSPORTATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code Title 2, Chapter 3 established the Meridian Transportation Commission, its members and terms of their appointments; and WHEREAS, Seat 8 of the Meridian Transportation Commission is currently vacant; and WHEREAS, the City Council of the City of Meridian deems the appointment of Darrel McRoberts to Seat 8 of the Meridian Transportation Commission to be in the best interest of the Meridian Transportation Commission and of the City of Meridian; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, effective January 14, 2014, Darrel McRoberts shall be appointed to Seat 8 of the Meridian Transportation Commission, which term shall run from through May 31, 2016, pursuant to Meridian City Code Section 2-3-3. Section 2. 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 11 day of January, 2014. APPROVED by the Mayor of the City of Meridian, Idaho, this 11 day of January, 2014. APPROVED: rp,,EDAjJMayor T y de eerd ATTEST:ity of IDAHO By. FAI,r, Jayc H 1 it�ki,' , `rrAr iRFl,SU' RESOLUTION APPOINTING MCROBERTS TO TRANSPORTATION COMMISSION PAGE I OF I Meridian City Council Meeting DATE: January 14, 2014 ITEM NUMBER: 7C PROJECT NUMBER: ITEM TITLE: PUBLIC WORKS ENERGY STAR AWARD FOR CITY HALL Public Works: Energy Star Award for City Hall MEETING NOTES 0).) Y'\ 0e(0vM\CV Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 14, 2014 ITEM NUMBER: 7D PROJECT NUMBER: ITEM TITLE: COMMUNITY DEVELOPMENT FRANKLIN ROAD Community Development: Raised Curbs in Franklin Road, West of Linder Road MEETING NOTES Mn f 1V40. b&-.r,-%,C.v vn-�-r\ M,A\ o y-\ 4,o t n4 Ac w D Sk �+ v --A V 2 c- re-Va L, 1-A q e Community Item/Presentations Presenter Contact Info./Notes C- -i-O \' --e mo V'-- WQ St St CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS January 9, 2014 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Caleb Hood, Planning Manager RE: Franklin Road Raised Curbs January 14th, City Council Agenda Item Representatives of the Jackson's Food Stores, SWC of Linder/Franklin, are concerned about the raised curbing that recently went in Franklin Road in front of their store. They would like to come and discuss this topic with the City Council. The Meridian Transportation Commission discussed this item during their January 6th meeting, but agreed to take no action on Jackson's request. See below for a summary from the 2010 ACHD staff report and a letter from Jackson's dated December 26th, 2013. Community Development Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533 ■ Fax 208-888-6854 . www.meridiancity.org History/Summary (From ACHD Staff Report Dated July 20, 2010) Execud" Summary. On June 17, 2010 the City of Meridian provided ACHD with a letter (Attached) stating the City no longer believes instaliiny landscaped medians as part of the Franklin Road, Ten Mile Road to Linder Road widening project is appropriate at this time and is requesting they be removed from the project. This area ties not developed to the level that was anticipated when the medlars were originally requested. With the dedine In the economy, the supporting side street connectors to fadlitate access have not been built so property owners have asked for the two-way left turn lane. The City encourages ACHD to design and consbuct the project so time medias can be Installed when traffic warrants them in the future. used on this request, staff seeks Commission direction on whether to remove these medians from the project design or not. Background: This project was designed in 2007-2008 by an engineering consultant Rpt of Way acquisition is underway in FY2010 and construction is scheduled for FY2012. The Mowing information provides a timeline of the project: • April 2007 — Public Involvement Meeting held, no medians proposed • June 2007 — City adopted the Ten Mile Specific Area Pian which caps for medians along this section of Franklin Road • January 2008 — Meridian City Council endorses the raised medians in the project with temporary herdscepe and sleeves for future Irrigation • May 2008 — Newsletter sent to property owners showing the addition of landscaped medians (Attached) • May 2010 — A group of 12 property owners sent a Fetter (Attached) requesting the median islands not be constructed until such time that frontage or connecting roads can provide, properties with access to a full access signal. Staff talked with an owner who gees the medians should not be removed. • June 2010 — Meridian City Council discussed ties request and decided to provide a tetter to ACHD requesting the landscape medians not be Installed at Oft tine. The irsdusim of medians into the project design followed the CRY* adoption of their Ton Mile Spsdfic Area filar► and upon request from the City. The design of this project is complete and ft construction of raised landscape medians as a safety improvement and access control for This coo Ow. At this stage In the project, the removal of the ape medians from the project will not cause a delay In the project schedule but will require $2,700 to remove the medians from the design per. The Council was also told that removal of the media ns from the project pians would not be difficult but would have to be approved by the Commission. ACHD Develo;x Bent Services, Traffic Engineering, and Construction Departments were consulted on the proposed removal of the landscape from the project before bringing this to the Commission. Staff would main liaised curbs for access control at Intersections and at lhe pain access approved for Brighton Corporation. Staff will retain irrigation slip lines for kit a landscape medians. Staff believes removal of the medians will mike it very difficult 10 get access management In the fide. AddFiicmal Information: Franklin Road is a principal arterial and as an Identified freeway diversion route during incidents on the Interstate. The medians. based on this type of roadway, will be needed for access management to maintain level of service when the daily tnsiTic volume readies 28,000 ADT or sooner If conflicts and/or accidents related to driveway movements occur. The estimated traffic volume will reach free 25,0001tseshold now the year 2025. Modeling suggests that traffic volume will Initially decrease along Franklin Road due to the conspleaOn of the Ten Mile interchange and an unobstructed 8 -Fane Interstate. Current Traffic vies on Franklin Road are around 12,500 ADT. During the July 28, 2010 ACHD Commission meeting, the Commission decided to delay the landscape center medians in Franklin Road, but retain the raised curbs for access control at both the Linder and Ten Mile Intersections. [:acksons] December 26, 2013 Tn evortation Commission City of Maidiaa 33 E. Broadway Meridian, ID 83642 RE: ACRD Installation of Mediaans at Linda and Franklin Economic Development and Road Improvenuats ACHD Franklin Ton Mile to Linder Project 106 (ACRD Predect No. 508019) Jacioons Food Stores respectfully requests the opportunity to be beard at the Tiouportation Commtiasim meeting an January 6, 2014, to discuss ACHD's recent and unexpected Inst allstion of median on West Fnnkdin Road just west of Linder Raid. bons web the Commissions support of its goal to have the median: vawved. Jacksons maks your support prior to Jacksons' appearance before the MwWm City Council, scbeduled for January 14, 2014, vAwrein Jadmons will ask the City of Meridian to similarly support removal of the medians By way of beck>lround, in 2010, wrheru the ACHD FraaokHn Tan Mik to Linder Project ("Proyeco was m the pbn ing stages, local businesses and property owners affe ted by the Project worked with to City of Meridian and its staff to encourage ACHD to remove the proposed medians on West Franldin Road f vm the Project. The iaervention wra sueoessful and ACHD elected to not install the medians as part of the Project Howevar, ACHD did indicate that it roscarved the right to install medians in the finure when fuuture traffic volumes warranted. Now, deapite, no amass in traffic volumes, and without any fu thew input finan or notice to the local businesses or property owneM in mid-October, 2013, ACHD installed medians on Went Franklin Road. The economic vitality of the City of Meridian and its citizens relics on economise development and business growth With that growth, howe va, there sometimes arise issues with respect to congested roadways and arabic safety concerns. Jw Jwons, as is may reVwxVe business owner, is committed to the safety of its patrons and sitars a similar interest with the City of Meridian and ACHD in safe roadways. However, installing medians When they arcs not nom► only limits economic development and business: growth without a correlating inc«mase in public safety. This was recognised by the City of:Meridian when the City of Meridian requested the removal of the medians from the Projeect and conceded by ACHD waken it debted aha installation of medians from the Project. ACHD specifically stated that it would not install the medimm as part of the Project, and would do so in the figure only when traffic volumes 3W EMT COMMERCIAL COURT - MERIMAK WAHO 93M . tom) 8894W - FAX CM !984696 a".taos.e MIMa City of ivle:idian Traavortstion Commission Deomnber 26, 2013 Page: 2 vvarcantecl.1 Jacksons and other business owners reasonably rdiod upon the published assurance ofACHD in locating its business in the affeotcd aces. Jacksons' concern„ sad logiicslly a conn for theCityof Meridian, is that in the short time span fiam, design to construction of the improves along Wed Franldin Road, there has been no change to the traffic volume which would werractt the urian of the medians.2 Not have them bowl any sigcdScant chimps in land use or development along Franklin Road fim Linder to Tet Mile since 2010. Jacksons las not sense an increase in traffic or safety concerns which would justify the installadon of the medians. Moreover, wink the installation of the current medians and any future median installations, the Mnd values, land use, and read estate development of the Linder to Ten Mile corridor will be negatively impacted as prospective developers tackle hove to develop real estate for businesses, fist will not have fall access to traffic in both directions. Or, put anomer way, the land along Franklin Road will not be as valuable or productive in growing businesses and jobs if the people who utilize those businesses are more inconvenienced when tryimg to access the businesses. Mo&m have a place in the development of safe roadways, but as a de+teactar to business and economic development, their use Deeds to be moderated with the underlying economic development goals of the City and its citizen businesses. As previously stated, it is J*dmoet's belie dat the medians were preoibttely and unnecessarily installed because the existing traffic on Fnwklm does not yet warrant meta *dm Future economic development in the City of Maiditue may eventually necessitate medians, but to time has not &rived, a conclusion that is supported by ACHDs Please support Jacksons and other local businesses in Meridian by sharnug your concerns with A.CHD, requesting that the existing medians be removed and that the installation of m©dians ' Sen ACRD webske far Project 106: OrWaelly, medians ware to be imtalied atone Fmnidin Rad to wasape acetas owe the radway, bowour, betel on property owner ropes, City of Meier► input and diroet m hom the ACHD Commission, medians will sot be baWied with dibpojeM Mediaru will be iatalled in to m whoa traffic volumes wrrraat their hotalistioa. bap:/Mww.acMdaho n?PmjecW-106 2 In 2010, ACID aaat *Wj tlut Waft vob=o would dMeme don& ftoklin Rad clue to &a aomple M of the Ten Mile,ftar+dmv. h ://wwwAcbdWW xat$(D AbkropmtMl0/o=IWStd rs &pvrdWx&VnTenmudoi.bWw.pdf ' In 2010, ACM sinned thin *a Craft Volume near die Franklin / i iadw it anotim was around 12,500 averase daily trips MDT") and Bret medians would not be nonny uu dl tiro trot k volume readied 25,000 ADT. Atm euimmed that traffic at die Frandin / Linder iatw i would act resell 23.000 ADT urA the year 2023. itowww,rachdia bo atalPDF/steff_raports2ol0A72i1 T iaoLinderpar City of Meaklian Traospa ution Commission December 26, 2013 Pop: 3 along Franldin Road and tbroeghowt the City of Meridian be cwmdW =0 Mure tmft vohmes vvuranL Vay truly YOUM Cc: William L.M. Nary, Maidian City Attorney Bruce D. Chattertm Director, Maidien Community,' Develop mmml Dgmnment C. Caleb mood, ManW, M Division Meridian City Council Meeting DATE: January 14, 2014 ITEM NUMBER: 8A PROJECT NUMBER: RZ 13-012 ITEM TITLE: ORDINANCE NO. Ordinance No. I y -1509 : An Ordinance (RZ 13-012 - Raisin' Angels) for the Re - Zone of a Parcel of Land Located in the Southwest 1/4 of Section 8, Township 3 North, Range 1 East, Boise, Meridian, City of Meridian, Ada County, Idaho MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher 0. Rich AMOUNT .00 I BOISE IDAHO 01/16/14 03:38 PM DEPUTY Use Bait I�I ill��lI1�1111�1�'��i��II�I�l1 Ili RECORDED -REQUEST OF 11 I 1 Meridlen Clry 114004220 I1!! II f1f11 CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE (RZ 13-012 — RAISIN' ANGELS) FOR THE RE -ZONE OF A PARCEL OF LAND LOCATED IN THE SOUTHWEST % SECTION 8, TOWNSHIP 3 NORTH, RANGE I EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY IDAHO, ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF L -O (LIMITED OFFICE) ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re -zoning by the owner of said property, to -wit: Engineered Structures, Inc. SECTION 2. That the above-described real property is hereby re -zoned from the I -L (Light Industrial) zoning district to the L -O (Limited Office) zoning districts, 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 zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. n SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. RE -ZONE ORDINANCE -- RZ 13-012 RAISIN' ANGELS Page 1 of 3 SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this { day of , 2014. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this I day of 2014. MA OR de WEERD A Of JA)Cl Ti; MAN, CLERKS !! �J SEAL e fy�sd°�fleTIE01_1V a RE -ZONE ORDINANCE — RZ 13-012 RAISIN' ANGELS Page 2 of 3 �1 STATE OF IDAHO, ss: County of Ada ) IIffs On this 1 T day of _1 , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and , J ",k 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) NAaaL))4' I- AW OTARY PUBLI FOR I AHO RESIDING AT:� MY COMMISSION EXPIRES 1 RE -ZONE ORDINANCE — RZ 13-012 RAISIN' ANGELS Page 3 of 3 %3 a ntS Legal Description Exhibit A LEGAL DESCRIPTION FOR R9ZONE A parcel of land boated In the southwest 114 of Section 6, Townshlp 3 North, Range i East, soles Meddlon, Ada County, Idaho. Being further described as follows: BASIS OF BEARINGS; The West line of the Section 8, Township 3 North, Range 1 East, Was Meddlan, derived from found monuments and taken as North 00'2840" East with the distance between monuments round to be 2,880.94 reel. COMMENCING at the West 1!4 corner common to Sections 7 and 8, Township 3 North, Range 1 East, Bolse Meridian; thence along the North 8ne of the Southwest 114 of sold Section 8, South 69064109" East a distance of 424.82 feet to the POINT OF BEGINNING; thence continuing South $914109" East a distance of 237.64 feet to the extension of the easterly right-of-way of N. Nola Road; thence bavkp sold North line and along sold exdenalon and right-of-way. South 00'2761" East a distance of 288.02 feet; thence leaving sold right-of-way, North 88026108" West a distance of 237.48 feet to the Southwest corner of Lot 3, Clodc 1, of Nola Subdivision; thence North 00"28'40" East a distance of 279.87 teat to the POINT OF BEGINNING. Sold parcel containing 87,106 square (set, or 1.64 acres, more or less. Russell E. Badgley, P.L.S. 12468 TimbefMe Surveying 847 Parc Centro Way, Suite 3 Nomps, Idsho 83661 (208) 486-8687 Raisin' Angels - RZ 13-012 END OF DESCRIPTION w Map Exhibit B 7 , 369'64' • 424AY - r e P.O.e.'— BRASS CAP IMONUMENT 9. PINE A V E WEST 114 CORNER I ( + I I I + i ' + I I I + j + I � � LOT 3, BLOCK 1 0 $ I NOLA 8UWiVI8ION k I i r I � I + + I �p1 of �o I BRASS CAP MONUMENT LOT 3, BLOCS SECTION CORNER NO,,A SUDDIVIS16N q Q REZONE DISPLAY MAF "' ��E -- — — - T3N,YR]$ SCTiON suliv�tlnrl BOISE M 1D'IOAN -M . Mg awn IV""-sw Raisin' Angels - RZ 13-012 r\ NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 14-�� PROVIDING FOR RE ZONING ORDINANCE An Ordinance of the City of Meridian granting re -zoning of a parcel of land located in the Southwest 1/4 of Section 8, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County. This parcel contains 1.54 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meri! an, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the 00 —day of �'Anu 0, 2014./a��a Huai sr,' r `o u 1Y- HO A Ci f e ' n sp w Mayor and City Council "tea SES By: Jaycee L. Holman, City Clerk First Reading: 1 olv 19 Adopt d er first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 14-159 q The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 14- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this Alday of w , 2014. William. L.M. Nary City Attorney ORDINANCE SUMMARY — RZ 13-012 RAISIN' ANGELS Page 1 Meridian City Council Meeting DATE: January 14, 2014 ITEM NUMBER: $B PROJECT NUMBER: RZ 13-013 ITEM TITLE: ORDINANCE NO. Ordinance No. I - t 5 ct D : An Ordinance (RZ 13-013 - Casa Bella Subdivision) for the Re -Zone of a Parcel of Land Situated in a Portion of the NE 1/4 of the SE 1/4 of Section 30, Township 4 North, Range 1 East, Boise, Meridian, City of Meridian, Ada County, Idaho MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS . 1 ADA COUNTY RECORDER Chdstapher D. Rich AMOUNT .00 f BOISE IDAHO 01116114 01.39 RM DEPUTY a Batt REC DED19 REQUEST OF ��) I�II��I��l��llillllllllllll 01 �� Meridian CHV 114004221 CITY OF MERIDIAN ORDINANCE NO. 14 - t 5 9 Q BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE (RZ 13-013 — CASA BELLA SUBDIVISION) FOR THE RE -ZONE OF A PARCEL OF LAND SITUATED IN A PORTION OF THE NE'/ OF THE SE % SECTION 30, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY IDAHO, ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF R-8 (MEDIUM DENSITY RESIDENTIAL) ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: /"� SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re -zoning by the owner of said property, to -wit: Church of Jesus Christ of Latter-day Saints. SECTION 2. That the above-described real property is hereby re -zoned from the L -O (Limited Office) zoning district to the R-8 (Medium Density Residential) zoning districts, 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 zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. RE -ZONE ORDINANCE — RZ 13-013 CASA BELLA SUBDIVISION Page 1 of 3 SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION S. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of 130 -TW 2014. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of ..,o' V , 2014. A MAYOR 14AMY de WEERD GO�010fBDAUCU! f� �City of F Il]iZAN SLA 10 SEAL 6 v y\ie J8e TttAt�a� RE -ZONE ORDINANCE — RZ 13-013 CASA BELLA SUBDIVISION Page 2 of 3 STATE OF IDAHO, ss: County of Ada ) On this day of , 2014, before me, the undersign a No Public in and for said State, personally appeared TAMMY de WEERD and , 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) :�'O T.1IDSG Notary Public f Id o Residing At: My Commission Expires: r 1 RE -ZONE ORDINANCE — RZ 13-013 CASA BELLA SUBDIVISION Page 3 of 3 /`� EXHIBIT A Legal Description hm. 9233 WEST STATE STREET I 80ISE, ID 83714 ( 208.639.6939 1 FAX 208.639.6930 Date: 10/11/13 Project No.: 13076 EXHiBITA LEGAL DESCRIPTION FOR REZONE A parcel of land situated In a portion of the NE 1/4 of the SEI/4 of Section 30, Township 4 North, Range 1 East, Boise Meridian, City of Merldlan, Ada County, Idaho, and being more particularly described as follows: Commencing at an aluminum cap monument markingthe east 1/4 comer of said Section 30, which bears N00'D012"W a distance of 2,652.23 feet from an aluminum cap marking the southeast corner of said Section 30, thence following the easterly line of said SE 1/4 of Section 30, S00'00'32"E a distance of 558.61 feet to the POINT OF BEGINNING. Thence following said easterly fine, S00'00'32"E a distance of 308.55 feet to a found 5/8 -inch rebar, Thence leaving said easterly line and following the northerly fine of Tustin Subdivision No.1, N89'13'36"W a distance of 785.07 feet to a found 5/8 -inch rebar, 'thence leaving said northerly line and following the easterly line of Cardigan Bay Subdivision, N00'001321W a distance of 295.67 feet to a polnt Thence leaving said easterly line, N89.50'01"E a distance of 785.00 feet to the POINT OF BEGINNING. Said parcel contains 5.44 acres, more or less, and Is subject to all existing easements and/or rights-of- way of record or impiled. Casa Balla Subdlvision RZ-13-013 (0 -11 -MIS ENGINEERS I SURVEYORS j PLANNERS e"\ EXEITBYT B TUSTIN SUBDIVISION No. I 309920 LEGEND N 30 L 29 31 32 ® ALUMINUM CAP E 1/4 SECTION 30 /A CALCULATED POINT _REZONE BOUNDARYK, —^ ^- — —SECTION LINE POINT OF COMMENCEMENT 0 10 300 MR AtM-OF-WAY UNE Plan Scale POINT OF SEGWWINO-,. N89'50'01 "E 785.00' ! ! APN:S0S304173OD (PORTION) } CURRENT ZONING: L-0 PROPOSED ZONING: R-8 o REZONE AC, 5.44± E RL NSW 13'36"W 785.07' TUSTIN SUBDIVISION No. I 309920 LEGEND 30 L 29 31 32 ® ALUMINUM CAP 5/8 -INCH RESAR /A CALCULATED POINT _REZONE BOUNDARYK, —^ ^- — —SECTION LINE I, — —ADJACENT BOUNDARY a �i MR AtM-OF-WAY UNE WSa awo8nu � pW%3j-ft* EXHIBIT B - REZONE wn: ,an,ne,s PORTION OF THE PROPOSED CASA BELLA SUBDIVISION n�u�� ,ane SHEET: SITUATED INA PORTION OF THE NE 1/4 OF THESE 1/A SECTION 30, 1 OF 1 T. 4 N., R.1 E., BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO Casa Bella Subdivision RZ-13.013 W NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 14- &7 7 0 PROVIDING FOR RE ZONING ORDINANCE An Ordinance of the City of Meridian granting re -zoning of a parcel of land situated in a portion of the NE '/a of the SE %a of Section 30, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County. This parcel contains 5.44 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridin, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the alb - day of o n u a..� , 2014. CiV of 1(4*dian Mayor and City Council By: Jaycee L. Holman, City Clerk kb AUCbs\ a� city °{ _ T� �yE L} � 1DAHfl CF �1L First Reading: IN I a C7 i L Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YESNO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 14- IV)9 Q The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 14- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901 A (3). DATED this day of 2014. William. L.M. Nary City Attorney ORDINANCE SUMMARY — RZ 13-013 —CASA BE, LLA SUBDIVISION Page i Meridian City Council Meeting DATE: January 14, 2014 ITEM NUMBER: $C PROJECT NUMBER: AZ 13-013 ITEM TITLE: ORDINANCE NO. Ordinance No. I' - t5 Ok I : An Ordinance (AZ 13-013 - Creekstone Subdivision) for the Re -Zone of a Parcel of Land Located in the Southwest One Quarter of the Northeast One Quarter Section 10, Township 3 North, Range 1 West, Boise, Meridian, City of Meridian, Ada County, Idaho MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E4MLED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS n ADA COUNTY RECORDER Chrisbpher 0. Rich AMOUNT .00 E BOISE IDAHO 01/16/14 03:39 PM DEPUTY Lisa Balt RECORDED— REQUEST OF Meridian City 114004222 CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 13-013 — CREEKSTONE SUBDIVISION) FOR ANNEXATION OF A PARCEL OF LAND LOCATED IN THE SOUTHWEST ONE QUARTER OF THE NORTHEAST ONE QUARTER OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO R-8 (MEDIUM DENSITY RESIDENTIAL 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 BYLAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. i"*N 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: Boslau Family Trust. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to R-8 (Medium Density Residential District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the Iaws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property, SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well �.., as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION — CREEKSTONE SUBDIVISION (AZ 13-013) Page 1 of 3 100*111, 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 full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 14 day of �S �av� , 2014. APPROVED` BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of ".1 V"VCL —12014. MAYOR T MY de WEERD AT /_ ST, rty.in IDAHO CLEFv Y �yrP4��le TiEs6��a�� ANNEXATION - CREEKSTONE SUBDIVISION (AZ 13-013) Page 2 of 3 STATE OF IDAHO, ss: County of Ada ) On this 14. day o-�L(�t.i''VAI�MY 2014, before me, the undersigned, a Notary Public in and for said State, personally appeawk dde WEERD and , -.S 04 C4A ' aDnes 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) �•G�,,oT'-TAt��'•� R � r \ f f :%OF k acJap- I l L. [ku NOTARY PUBLIC FOR IDAHO RESIDING AT: Ccmwed TO MY COMMISSION EXPIRES: F -,P /a ANNEXATION — CREEKSTONE SUBDIVISION (AZ 13-013) Page 3 of 3 n Legal Description September 16, 2013 Project No. 113110 EXHIBIT A It Page 1 of 3 164I: LAND 400M INC. Exhibit "A° CREEKSTONE ANNEXATION/REZONE DESCRIPTION A parcel of land located In the Southwest One Quarter of the Northeast One Quarter of Section 10, Township 3 North, Reye 1 West, Boise Merldlan, Ada county, Idaho, described as follows: Commencing at the One Quarter Section Comer common to Sections 10 and 11 of sold Township 3 North, Range 1 West, (from which point the Center One Quarter Section Corner of sold Section 10, bears North 89136'02" West, 2,65167 feet distant); Thence from said One Quarter Section Corner common to Sections 10 and 11, North 89.36'02" West a distance of 1746.64 feet on the east -west mid-section tine of said Section 10 to a point on the centerline of the Ten Mile Drain, as same Is described In that Easement Deed to the USA, recorded �\ as Instrument Number 64554, dated February 1, 1915 of Ada County Records; Thence continuing North 89'36'02" West distance of 15.89 reef on said east -west line to it point on the Westerly right-ol-way line of the Ten Mile Drain, as some Is described in that Deed recorded as Instrument Number 107008008 of Ado County Records, said line being 15.00 feet westerly of and parallel with the centerline of said Ten Mlle Drain, said point also being the POINT OF BEGINNING; Thence North 89.36'02" West a distance of 552.60 feet on the east -west mid-section line of sold Section 10 to the southeast corner of Castlebrook Subdivision No. 5, as some Is shown on the Plat thereof recorded In Book 94 of Plats at Page 11394 of Ada County Records; Thence North 00'59'36" East a distance of 798.60 feet on the easterly boundary lire of said Castlebrook Subdivision No. 5 and said erre extended, to the northwest corner of that parcel of land described In sold Deed Instrument Number 107000008, said point being on the Southerly right-of-way boundary of the Ten Mlle Drain; Thence on the Southerly right-of-way boundary line of the Ten Mile Drain, sold line being 15.00 feet southerly of and parallel with the centerllne ofsald Ten Mile Drain, for the following 3 courses and distances: Thence South 56'48'03" East a distance of 368.04 feet to a point of curve; Thence 120.85 feet on the arc of a curve to the right;iald curve having a radius of 176.00 feet, a central ongle of 39'20'32", a chord bearing of South 37'07'47" East, and a chord distance of 118.49 feet; Thence South 1Y2731" East a distance of 530.79 feet to the POINT OF BEGINNING. Said parcel contains 6.92 acres more or less. // PREPARED BY; THE LAND GROUP, INC. lames R. Washburn Creekstone Subdivision -- AZ -13-013 I EXHIBIT O I j a! a(h R� �I r t t� I n I� I �w 1/4 CORNER I Z FOUND 8RASS CAP+ Iww HWS8WkY 1781.40' � S t0�S.11 7860 fbk Of Creekstone Subdivision— AZ -13-013 ANNEXATION EXHIBIT j~ftwn• r•ar !w MA PMOW d TM LAND OROVP �', *a wk �;�°&ft NOCREEKSTONE. SUBDIVISION ms,`'�'•.u,bt1� ANNEXATION EXHIBIT j f � MrM•Y�n•ywf�Mw•AIIUIMYlN MMIDM woo Creekstone Subdivision— AZ -13-013 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 14- i ftS i PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for a parcel of land located in the Southwest One Quarter of the Northeast One Quarter of Section 10, Township 3 North, Range 1 West, Boise, Ada County, Idaho. This parcel contains 6.92 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 Eastroadway A Meridian, Idaho. This ordinance shall become effective on the _Qp day of enue, 2014. n nucusr Y --m 9-5 r1w of City Mei 'ant•r.��(E IDoAN Mayor and ity Council `` By: Jaycee L. Holman, City Clerk d� SEAL aF" Hrle °f !it j%0'6 ,:- First First Reading: t U �_ 1110'� Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES_)<_ NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 14 - The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 14- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this JW day of , 2014. William. L.M. Nary City Attorney ORDINANCE SUMMARY — CREEKSTONE SUBDIVISION (AZ 13-013) Meridian City Council Meeting DATE: January 14, 2014 ITEM NUMBER: 9 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS