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2014-01-21E IDIAN ~DaHo CITY OF MERIDIAN CITY COUNCIL PRE-COUNCIL MEETING SPECIAL MEETING AGENDA Tuesday, January 21, 2014 at 5:30 p.m. City Council Chambers 33 East Broadway Avenue, Meridian, Idaho 1. Roll-call Attendance: O David Zaremba X Joe Borton O Charlie Rountree X Keith Bird by phone X Genesis Milam X Luke Cavener X Mayor Tammy de Weerd 2. Adoption of the Agenda Adopted 3. Executive Session Per Idaho. State Code 67-2345 (1)(c): (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency Into Executive Session at 5:36pm Out of Executive Session at 6:08pm Adjourned at 6:09pm Meridian City Council Pre-Council Meeting Agenda -January 21, 2014 Page 1 of 1 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E IDIAN~--- CITY COUNCIL REGULAR IDAHO MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, January 21, 2014 at 6:00 PM 6:09PM 1. Roll-Call Attendance O David Zaremba X Joe Borton O Charlie Rountree X Keith Bird by phone X Genesis Milam X Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Michael Pearson from the Seventh Day Adventist Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of December 17, 2013 City Council PreCouncil Meeting B. Approve Minutes of January 7, 2014 City Council Meeting C. Findings of Fact, Conclusions of Law for Approval: MDA 13-023 Connections Credit Union at Ten Mile by Connections Credit Union Located Southeast Corner of W. Pine Avenue and N. Ten Mile Road Request: Amend .the Development Agreement (Instrument #110111935) for the Purpose of Attaching a New Concept Plan and Building Elevations D. Final Order for Approval: FP 13-046 Spurwing Rim Subdivision by The Club at Spurwing, LLC Located North of Chinden Boulevard and East of N. Jaykers Way Request: Final Plat Consisting of Seventeen (17) Single Family Lots and Five (5) Common Lots on Approximately 12.24 Acres in an R-8 Zoning District E. FP 13-048 Baltic Place Addition by Cair Paravel, LLC Located South of E. Franklin Road and West of E. Kalispell Street Request: Final Plat Consisting of Two (2) Building Lots on Approximately 9.41 Acres of Land in an I-L Zoning District Meridian City Council Meeting Agenda -Tuesday, January 21, 2014 Page 1 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Bellingham Park #4 Pathway Easement G. Bellingham Park #4 -Sewer Easement H. Whitebark Subdivision Sewer and Water Main Easement I. Recreational Pathway Easement for the Club at Spurwing J. Acceptance Agreement: Display of Artwork of Gypsy Gallery in Initial Point Gallery from February 28 to March 28, 2014 K. Acceptance Agreement: Display of Artwork of Sherri K. Young Stehle in Initial Point Gallery from January 31 to February 28, 2014 L. Acceptance Agreement: Display of Artwork of Art Expressions in Initial Point Gallery from May 2 to May 30, 2014 M. Acceptance Agreement: Display of Artwork of the New Group in Initial Point Gallery from May 30 to June 27, 2014 N. Acceptance Agreement: Display of Artwork of Angela Kathleen Stout in Initial Point Gallery from August 1 to August 29, 2014 O. Acceptance Agreement: Display of Artwork of Marianne Solberg in Initial Point Gallery from August 1 to October 3, 2014 P. Acceptance Agreement: Display of Artwork of Laurel Lake McGuire in Initial Point Gallery from August 29 to October 3, 2014 Q. Acceptance Agreement: Display of Artwork of Idaho Watercolor Society in Initial Point Gallery from October 3 to October 31, 2014 R. Acceptance Agreement: Display of Artwork of Dwight and Barbara Williams in Initial Point Gallery from October 31 to December 5, 2014 S. Acceptance Agreement: Display of Artwork of Cara Stone in Initial Point Gallery from December 5 to January 2, 2015 T. Award of Bid and Approval of Agreement for "Black Cat Lift Stations PLC Upgrades" project to Southern Idaho Electric, Inc. for the Not-To-Exceed amount of $200,000.00. U. License Agreement with Nampa & Meridian Irrigation Distract to Construct a New Headgate on Creason Lateral to Improve the City's Wastewater Treatment Plants Entrance Drive Approach Meridian City Council Meeting Agenda -Tuesday, January 21, 2014 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. V. Temporary License Agreement Between the Ada County Highway District and the City of Meridian for Pathway Distance Signage Markers on Sidewalks and Multi-use Pathways Within the Right of Way W. Memorandum of Agreement for Rental of Mountain View High School Auditorium for aNot-to-Exceed Amount of $1,729.50 6. Community Items/Presentations A. Hometown Hero Award to Rick Mills 7. Items Moved From Consent Agenda None 8. Action Items A. Public Hearing: Request for Variance of City Addressing Standards by Steve Judy, Director of Operations, Primary Health Medical Group Located at 1623 S. Wells. Request Change of Address from 1623 S. Wells Avenue to an Overland Road Address Motion approved to deny addressing variance request B. Public Hearing: RZ 13-017 Sheryl 4-Plex by JTC Inc. or Assigns Located 3150 W. Sheryl Drive Request: Rezone of 0.54 of an Acre of Land from the L-O to the TN-R Zoning District Continued to January 28, 2014 C. Public Hearing: CPAM 13-003 Da Vinci Park by CS2, LLC Located Southwest Corner of N. Locust Grove Road and E. McMillan Road Request: Amend the Future Land Use Map Contained in the Comprehensive Plan to Change the Future Land Use Designation on 7.76 Acres of Land from Low Density Residential to Medium Density Residential (6.36 Acres) and Mixed Use -Neighborhood (1.4 Acres) Approved D. Public Hearing: RZ 13-016 Da Vinci Park by CS2, LLC Located Southwest Corner of N. Locust Grove Road and E. McMillan Road Request: Rezone of 2.65 Acres of Land from the R-4 and R-8 Zoning. Districts to the C-N Zoning District; and 6.3 Acres of Land from the R-4 Zoning District to the R-8 Zoning District Approved E. Public Hearing: PP 13-036 Da Vinci Park by CS2, LLC Located Southwest Corner of N. Locust Grove Road and E. McMillan Road Request: Preliminary Plat Approval Consisting of Thirty-Eight (38) Single Family Residential Attached Building Lots, One (1) Commercial Building Lot and Eight (8) Common/Other Lots on 7.76 Acres of Land in the Proposed R-8 and C-N Zoning Districts Approved Meridian City Council Meeting Agenda -Tuesday, January 21, 2014 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Public Hearing: MDA 13-021 Da Vinci Park by CS2, LLC Located Southwest Corner of N.Locust Grove Road and E. McMillan Road Request: Modification to the Development Agreement to Change the Development Plan from Single Family Residential to Mixed Use Approved G. FP 13-047 Baraya Subdivision No. 3 by CBH Homes Located at South Side of W. Franklin Road, Midway Between Black Cat and Ten Mile Roads Request: Final Plat Consisting of Forty-Seven (47) Single-Family Residential Building Lots and Three (3) Common Lots on 11.05 Acres of Land in the R-8 and R-15 Zoning Districts Continued to January 28, 2014 H. Public Hearing: CPAM 13-002 Solterra by Capital Christian Center Inc. Located Northeast Corner of E. Fairview Avenue and N. Hickory Way Request: Amend .the Future Land Use Map Contained in the Comprehensive Plan to Change the Land Use Designation on Approximately 22.61 Acres from Office to Mixed Use-Regional Continued to February 11, 2014 I. Public Hearing: RZ 13-015 Solterra by Capital Christian Center, Inc. Located Northeast Corner of E. Fairview Avenue and N. Hickory Way Request: Rezone of Approximately 22.61 Acres from the L-O (Limited Office) Zoning District to the C-G (General Retail and Service Commercial) (2.39 acres); L- O (Limited Office) (9.04 acres) and R-15 (Medium High Density Residential) (11.18 Acres) Zoning Districts Continued to February 11, 2014 J. Public Hearing: PP 13-037 Solterrra by Capital Christian Center Inc. Located Northeast Corner of E. Fairview Avenue and N. Hickory Way Request: Preliminary Plat Approval Consisting of Three (3) Commercial Lots, One (1) Office Lot, Ninety-Three (93) Residential Lots and Eleven (11) Common/Other Lots on Approximately 21.51 Acres in a Proposed C-G, L-O and R-15 Zoning Districts Continued to February 11, 2014 K. Continued From December 17, 2013 Public Hearing: PP 13-031 Knighthill Center by Mason and Stanfield Inc. Located Southwest Corner of N. Linder Road and W. Chinden Boulevard Request: Preliminary Plat Approval of Five (5) Commercial Lots and One (1) Common Lot on Approximately 9.11 Acres in the C-G Zoning District Approved with 25 foot landscape buffer L. Continued From December 17, 2013 Public Hearing: MDA 13-019 Knighthill Center by Mason and Stanfield, Inc. Located Southwest Corner of N. Linder Road and W. Chinden Boulevard Request: Modify .the Recorded Development Agreement (Inst. #106122368) to Incorporate a New Concept Plan and Update Certain Sections of the Development Agreement Pertinent to the Proposed Knighthill Center Subdivision Approved Meridian City Council Meeting Agenda -Tuesday, January 21, 2014 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. M. Continued from January 7, 2014: Public Hearing: PP 13-034 Gramercy Heights by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way Between E. Blue Horizon Drive. Request: Preliminary Plat Approval Consisting of Thirty-Seven (37)Residential Lots and One (1) Common Lot on Approximately 5.59 Acres in an R-15 Zoning District Approved N. Continued from January 7, 2014: Public Hearing: MDA 13-020 Gramercy Heights by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way, Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Amend the Recorded Development Agreement (Inst. #106141056) for the Purpose of Attaching the New Home Elevations Proposed with the Gramercy Heights Subdivision Approved O. FP 13-049 Hacienda Subdivision No. 4 by Jayo Investments, Inc. Located East Side of N. Meridian Road, Midway Between Chinden Boulevard and E. McMillan Road Request: Final Plat Consisting of Fifty-Three (53) Residential Lots and Nine (9) Common Lots on Approximately Twelve (12) Acres of Land in an R-8 Zoning District Motion approved to accept the withdrawal of the application 9. Ordinances A. Ordinance No. 14-1592: ZOA 13-003 UDC Text Amendment by City of Meridian Planning Division Request: Text Amendment to the Unified Development Code (UDC) in Regard to Fencing Adjacent to Pathways and Open Space; Common Driveways; Irrigation Easements; Off-Street Parking; Home Occupations; Definitions for Vehicles; Vehicle Sales or Rental Landscaping; Public Hearing Notice Signs; and Allowed Uses in the Industrial Districts Approved B. Ordinance No. 14-1593: An Ordinance (RZ 13-011 -Crimson Maple) For The Re-Zone Of A Parcel Of Land Situated In The Northeast Quarter Of The Northeast Quarter Of Section 12, Township 3 North, Range 1 West, Boise Meridian, City Of Meridian, Ada County Idaho; Establishing And .Determining The Land Use Zoning Classification Of R-15 (Medium-High Density Residential) Zoning Districts In The Meridian City Code; And Providing For A Waiver Of The Reading Rules; And Providing An Effective Date Approved 10. Future Meeting Topics None Adjourned at 9:01PM Meridian City Council Meeting Agenda -Tuesday, January 21, 2014 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Changes to Agenda: • Item #8B - RZ-13-017 Sheryl 4-Plex: Applicant requests continuance to January 28tH • Item #8G - FP-13-047 Baraya Subdivision: Request for continuance to January 28tH Item #8C, D, E, F: Da Vinci Park (CPAM-13-003; RZ-13-016; PP-13-036; MDA-13-021) Application(s): - Comprehensive Plan Map Amendment - Rezone - Preliminary Plat - Development Agreement Modification Size of property, existing zoning, and location: This site consists of 7.76 acres, is currently zoned R-4 & R-8, and is located at the SWC of N. Locust Grove & E. McMillan Roads. History: This site was annexed in 2006 with R-4 & R-8 zoning and a DA. A plat was also approved but has since expired (Harpe Sub). Summary of Request: The applicant proposes to develop the site with 38 SFR attached homes with neighborhood commercial uses on the corner. In order to develop the site as proposed, an amendment to the FLUM contained in the Comp Plan is necessary to change the land use designation on 6.36 acres of land from LDR to MDR & 1.4 acres from LDR to MU-N. A rezone of 2.65 acres of land from the R-4 & R-8 zoning districts to the C-N (Neighborhood Commercial) zoning district consistent w/the proposed MU-N designation; and rezone of 6.3 acres from R-4 to R-8 is proposed consistent with the proposed MDR designation. A concept plan was submitted for the commercial portion that shows (2) building pads (1 w/a drive-thru) & associated parking & drive aisles. An amendment to the existing DA is proposed to change the development plan for the site from (22) single-family residential lots to (38) attached residential lots & (1) neighborhood commercial lot consistent with the proposed concept plan. Staff has recommended provisions be added to the DA that require development of the site to be consistent with the concept plan proposed with this application; and requirements pertaining to the design of structures that back up to the arterial streets & consistent design elements between the residential & commercial structures. A preliminary plat consisting of 38 single-family residential attached building lots, (1)1.4 acre commercial building lot, and 8 common/other lots on 7.76 acres of land is proposed to subdivide the property. One full access via E. McMillan Road, one right-out access via N. Locust Grove Road & extension of the existing stub street at the south boundary of the site is proposed for access. A stub street to the west is proposed for future extension. Because access is available to the site via a local street (N. Bright Angel Ave.), the accesses via McMillan & Locust Grove require a City Council waiver to the access provisions in UDC 11-3A-3. ACHD is recommending approval of the proposed accesses. A 25' wide street buffer is required along McMillan & Locust Grove, both arterial streets. A 20' wide buffer is required on the commercial portion of the site to buffer the residence property. A total of 0.74 of an acre of qualified open space is proposed along with a covered picnic area, playground equipment, pathway, picnic tables and benches in accord with open space & site amenity requirements. Because there is a large mixed use neighborhood center designated area to the south of this site that consists primarily of professional office & healthcare uses, staff recommends those types of uses not be allowed on this site; other neighborhood friendly uses as allowed in the C-N district are recommended. Business hours of operation in the C-N district are limited from 6 am to 10 pm per the UDC. Conceptual building elevations for the single-family attached homes have been submitted as shown. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Bob Unger ii. In opposition: None iii. Commenting: None iv. Written testimony: Bob Unger, Applicant (in agreement w/staff report) Key Issue(s) of Discussion by Commission: i. In favor of transition & separation between residential & commercial uses. Key Commission Change(s) to Staff Recommendation: None Written Testimony since Commission Hearing: Bob Unger, Applicant (in agreement w/rec's) Outstanding Issue(s) for City Council: None Notes: Item #8 H, I & J: Solterra Subdivision (CPAM-13-002, RZ-13-015 & PP-13-037) Application(s): - Comprehensive Plan Map Amendment, Rezone and Preliminary Plat Size of property, existing zoning, and location: This site consists of 22.61 acres, is currently zoned L-0, and is located on the northeast corner of E. Fairview Avenue and N. Hickory Way. History: In 1992, the property was annexed into the City without a DA. Summary of Request: The applicant has applied for comprehensive plan map amendment to change the FLUM from Office to MU-R, rezone of 22.61 acres from the L-0 zoning district to the C-G, L-0 and R-15 zoning districts and preliminary plat consisting of 3 commercial lots, 1 church lot, 94 residential lots and 11 common lots. The requested mixed use designation and rezone would support the existing church use and the proposed residential and commercial uses. The three (3) commercial lots range in size between 24,608 square feet and 29,392 square feet. The church lot which houses the existing 40,000 square foot church is 8.49 acres. The minimum proposed lot size for the residential portion of the development is 3,200 square feet with an average lot size of 3,604 square feet. The gross density of the residential portion of the development is 8.43 dwelling units to the acre which is under the maximum density requirement of 15 dwelling units to the acre in the R-15 zone. The applicant is proposing to develop Solterra Subdivision in a single phase. Dimensional Standards: The applicable standards listed in UDC Table 11-2A-7 and UDC 11-2B-3 for the R-15, L-0 and C-G zoning districts apply to this development. Per UDC Table 11-2B-3, a 25-foot wide landscape buffer is required adjacent to E. Fairview Avenue, a 20-foot wide landscape buffer is required along N. Hickory Way and a 10-foot wide landscape buffer is required adjacent to E. Solterra Way and a 20-foot wide landscape buffer is required along the north boundary of the church lot. The applicant is seeking a Council waiver to reduce this buffer from the required 20 feet to 6 feet. The R-15 zone requires a minimum lot size of 2,400 square feet with no street frontage requirement. As mentioned All of the proposed residential lots comply with the dimensional standards of the UDC. In the northwest and southeast corners of the residential portion of the development, several lots will take access from common driveways. Access: This property has 3 approved driveways to N. Hickory Way. The central access will continue to serve as an access to the churches western parking lot. The northern access will be converted to a public street which will provide local street access to the church, the residential portion of the development and a public street connection to the commercial property to the east. The southern access point will serve as the reciprocal cross access driveway between the church, the proposed commercial lots and the commercial property to the east. Landscaping, Open Space and Amenities: The landscape buffers along E. Fairview Avenue and N. Hickory Way were installed with the development of the church and must remain protected during construction on the site. The residential portion of the plat consists of 1.21 acres of open space (10.8%); 2 amenities. The qualifying open space consists of 8-foot wide parkways, a micropath lot and a 0.97 acre linear open space along the west boundary; the proposed amenities consist of a tot lot and micropath to the church property. The project complies with the open space and site amenity standards in the UDC. Home Elevations: Conceptual building elevations were submitted by the applicant. The residential portion of the development will consist of a mix of single family detached and attached homes. The proposed homes depict a mix of building materials (lap siding, cedar shake siding, and board and batten siding), decorative trim, decorative corbels and stone wainscot. The design features staff supports is the substantial pillars, covered porches and mix of gable and hip roofs and a mix of building materials. Staff is of the opinion the future homes will complement the existing homes in the area and demonstrate high quality materials. The single commercial elevation incorporates a glass storefront, block wainscot, variations in roof form, decorative covered entries, and modulation in the wall planes. However, specifics' regarding the primary building materials is not provided on the submitted plan. Any structures constructed on the commercial lots must comply with the design standards set forth in UDC 11-3A-19. A recommended DA provision requires compliance with the submitted building elevations. Commission Recommendation: Recommendation for approval from the December 19th P/Z hearing. Summary of Commission Public Hearing: i. In favor: Jim Conger and Tessa Wingfield (neutral) ii. In opposition: Susan Kissee iii. Commenting: None iv. Written testimony: Pastor Ken Wilde of Capital Christian Center, submitted written testimony in support of the project. Thirty- eight (38) residents from the Dove Meadows and the Packard Estates Subdivisions submitted a petition in opposition of the project. Kleiner Trust submitted written testimony in opposition. Key Issue(s) of Discussion by Commission: i. Transitional lots along the north boundary. Key Commission Change(s) to Staff Recommendation: None Written Testimony since the Commission Hearing: Christy Little with ACHD has requested Council defer the project until after the ACHD Commission has acted on the application. This project is scheduled for the February 5th meeting. Outstanding Issue(s) for City Council: Moving forward without ACHD final action. Notes: Item #8K &L: Knighthill Center (PP-13-031 and MDA 13-019) Application(s): Preliminary Plat and Development Agreement Modification Size of property, existing zoning, and location: This site consists of 9.11 acres of land, is currently zoned C-G, and is located on the southwest corner of W. Chinden Boulevard and N. Linder Road. History: In 2006, the site was annexed and preliminarily platted with 4 commercial lots and one common lot. The same applications received City approval in 2008 but never finalized with the City. In 2013, Council approved a variance (VAR-13-002) application granting aright-in/right-out access to Chinden Boulevard. Summary of Request: The applicant has applied to amend the recorded DA and preliminary plat to develop a commercial subdivision. The submitted conept plan/preliminary plat depicts 5 commercial lots and 1 common lot. The commercial lots range in size between 0.76 acres up to 3.04 acres. The proposed concept plan consists of 3multi-tenant buildings, a bank and amid-box store. The square footages of the buildings range in size between 4,800 square feet and 30,400 square feet respectively. The overall square footages depicted on the plan is 74,650 square feet. A provision of the amended DA restricts the square footages of the multi-tenant building and the mid-box store as depicted on the plan with limitation on the building height to 35 feet. The dimensional standards set forth in UDC Table 11-2B-3 and the landscape ordinance applies to the development of this site as follows: • A 35-foot wide street buffer landscape easement is required along Chinden Boulevard and Linder Road. • A 25-foot wide landscape buffer shall be depicted along the southern property boundary adjacent to the residential lots. The applicant is seeking Council approval to reduce the landscape to 20 feet. The Commission and Staff are recommending a 25-foot landscape buffer adjacent to the mid-box store perimeter. The access to the development will be from W. Chinden Boulevard (right-in/right-out) to the north (approved by a variance), N. Linder Road (full access) to the east, W. Everest Lane to the west and N. Gertie Place to the south. Since some of the commercial lots do not have frontage on a public street, the applicant must provide cross access in accord with the standards set forth in UDC 11-3A-3. A collage has been provided with the application to portray the design theme for the development. Building materials and design features consist of stucco and stone veneer, CMU block, decorative corbels, metal and timber canopies, architectural shingle roofing, varying parapet heights and roof dimensions. Any future buildings constructed on the site shall substantially comply with these elevations. Commission Recommendation: Recommendation for approval from the November 21St P/Z hearing. Summary of Commission Public Hearing: i. In favor: Scott Stanfield ii. In opposition: None iii. Commenting: Renny Wylie iv. Written testimony: None Key Issue(s) of Discussion by Commission: i. Mid-box store adjacent to the residences; ii. Landscape buffer width along the adjacent residences on the south and west boundary. Key Commission Change(s) to Staff Recommendation: None Written Testimony since the Commission Hearing: None Outstanding Issue(s) for City Council: None Notes: 7 Item #8M & N: Gramercy Heights (PP-13-034, MDA -13.020 & ALT-13-022) Application(s): - Preliminary plat, development agreement modification and alternative compliance Size of property, existing zoning, and location: This site consists of 5.59 acres, is currently zoned R-15, and is located south of E. Overland Road and west of S. Bonito Way between E. Blue Horizon Drive and the Ridenbaugh Canal. History: The property annexed and preliminary platted as the Kenai Subdivision in 2006. In 2011, a new preliminary plat was approved and included the subject 5.59 acres. Summary of Request: The applicant submitted a preliminary plat, development agreement modification and alternative compliance to develop a residential subdivision consisting of 37 building lots & 1 common/other lot. The gross density of the proposed subdivision is 6.62 dwelling units per acre consistent with the density range in MU-R areas (6 to 40 dwelling units). Lot sizes range between 4,235 and 7,422 square feet. All of the proposed lots comply with the R-15 dimensional standards. Access to this development is proposed from the extension of W. Griffon Street and E. Copper Point Street along the west boundary and a small north/south segment of street (S. Burgdorf Avenue). A private street was approved with the platting of the multi-family lotto north. The private street is to serve as secondary/emergency access to the proposed development because of the single street access into the residential portion of the Gramercy development via S. Wells Avenue. Sixteen (16) of the residential lots are proposed to take access from common drives. The applicant has provided an exhibit depicting the lay out of the quad lots. Staff supports the quad lot design and the applicant's alternatives to the required 20' x 20' parking pad. Staff asserts that the quad lot design fits the character and intent of the overall mixed use development and provides a unique housing option in this area of Meridian. To ensure safe entry and exit for residents of the quad lots; no parking should be allowed within the driveway area. Because this is an infill project, the applicant is requesting the existing open space and amenities to serve as the required open space and amenity for the proposed development. The Gramercy development consists of several pocket parks/plazas, a pathway network and a portion of the open space was dedicated towards Gordon Harris Park (City Park). Another micropath connection is proposed to the 5-foot pathway constructed as part of the EI Dorado Subdivision to the east. Conceptual building elevations were submitted by the applicant. The submitted elevations depict a mix of building materials (lap siding, stucco and board and batten siding), decorative window and door trim, belly bands, covered entries, and stone wainscot consistent with the surrounding developments. Prior to the issuance of a building permit, the applicant is required to obtain certificate of zoning compliance (CZC) and administrative design review (DES) for each single family attached home. Through the CZC and DES process, staff will ensure the compliance with the building materials and design features proposed with the submitted elevations. Commission Recommendation: Recommendation for approval from the November 21St P/Z hearing. Summary of Commission Public Hearing: i. In favor: Taylor Merrill ii. In opposition: None iii. Commenting: Larry Kovarik and Gloria Fern iv. Written testimony: Larry Kovarik and Stephanie Meyers Key Issue(s) of Discussion by Commission: i. Restricting the lots to single story homes. Key Commission Change(s) to Staff Recommendation: None Written Testimony since the Commission Hearing: Taylor Merrill and Larry Kovarik supporting the restriction of single story homes on the quad lots. Outstanding Issue(s) for City Council: Staff recommends the Council add a DA provision limiting Lots 1-16 Block 1 (quad lots) to single story homes per the consent of the applicant. Notes: Meridian City Council Meeting DATE: January 21, 2014 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: APPROVE MINUTES DECEMBER 17, 2013 Approve Minutes of December 17, 2013 City Council PreCouncil Meeting MEETING NOTES u/ k"PR~VEO Community ItemiPresentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-WAILED TO STAFF SENT TO A~iENCY SENT TO APFI.ICANT NOTES INITIALS Meridian City Council Meeting DATE: January 21, ..2014 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: APPROVE MINUTES JANUARY 7, 2014 Approve Minutes of January 7, 2014 City Council Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-III~-ILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 21, 2014 ITEM NUMBER: 5C PROJECT NUMBER: MDA 13-023 ITEM TITLE: CONNECTIONS CREDIT UNION Findings of Fact, Conclusions of Law for Approval: MDA 13-023 Connections Credit Union at Ten Mile by Connections Credit Union Located Southeast Corner of W. Pine Avenue and N. Ten Mile Road Request: Amend the Development Agreement (Instrument # 1 1 01 1 1 935) for the Purpose of Attaching a New Concept Plan and Building Elevations MEETING NOTES ~ ~ ~~ ~ ~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-AAAILED TO gTAFF SENT TO AGENCY $ENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 21, 2014 ITEM NUMBER: 5D PROJECT NUMBER: FP 13-046 ITEM TITLE: SPURWING RIM SUBDIVISION Final Order for Approval: FP 13-046 Spurwing Rim Subdivision by The Club at Spurwing, LLC Located North of Chinden Boulevard and East of N. Jaykers Way Request: Final Plat Consisting of Seventeen (17) Single Family Lots and Five (5) Common Lots on Approximately 12.24 Acres in an R-8 Zoning District MEETING NOTES s~ ~V7~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: E~MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITWLS Meridian City- Council Meeting DATE: January. 21, 2014 ITEM NUMBER: 5E PROJECT NUMBER: FP 13-048 ITEM TITLE: BALTIC PLACE FP 13-048 Baltic Place Addition by Cair Paravel, LLC Located South of E. Franklin Road and West of E. Kalispell Street Request: Final Plat Consisting of Two (2) Building Lots on Approximately 9.41 Acres of Land in an I-L Zoning District MEETING NOTES u/ ~~ ~D Community Item/Presentations Presenter Contact Info./Notes CLERKS~OFF/CE FINAL ACTION DATE: E-IIA/ULED TO gTAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 21, 2014 ITEM NUMBER: 5F PROJECT NUMBER: ITEM TITLE: BELLINGHAM PARK #4 PATHWAY EASEMENT Bellingham Park #4 Pathway Easement MEETING NOTES U/ pt"r~4VEU 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 .ti0 7 BOISE IDAHO 01/23114 10:33 AM DEPUTY Vicky Bailey ~~~ ~~~~~~~~~~~~~~1~~~~~~~~~~~~~~ ~~ ~~~ ~- , •, ,. ' ' RECORDED-REQUEST OF f 14~~57~ 1 " ` Meridian City /'\ RECREATIONAL PATHWAY EASEMENT aot THIS AGREEMENT, made and entered into this dl day of env ~' ,between Ship Development, Inc., hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee' ; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantee desires to grant an easement to establish the pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, .Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the Grantor does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and ~ :incorporated. herein.. The easement hereby grarted is :for the purpose of providing public recreational pathway easements for multiple-use non-motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement unto the said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will. not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. TT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that Grantor shall. repair and maintain the pathway improvements. Recreational Pathway Easement .,.r ! .;~ THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such. easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession. thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: Ship Development, Inc. By: Steven L. Schmidt Its: Director STATE OF IDAHO ) ss County of Ada ) On this ~ d day off t ,--r', 2013, before me, the undersigned, a Notary Public in and :for said State, personally appeared Steven L. Schmidt, known or :identified to me to be the Director of the Corporation that executed the within instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, Ihave hereunto set my hand and affixed my official seal the day and year fist aboue written. ~a ~~ A s~ ,,~~, ~ ; `r: ~ s +~ g. ~~:~ o ~. ~ , r ~>ar~ 1- a ~'° ~~~ ., ~~ ~ ~~ / \ .R iie Su~$H4'~R~~~~ N ARY P~ FO .IDAHO LAURINA RIE7ZE RESIDING AT BOISE, IDANC3 ~ttY +GO?`i4MI~S!{~N EXgIRIES 12/28/ZQ15 Recreational Pathway Easement r ~~ /~ GRANTEE: CITY OF MERIDIAN "'7~GCt7~r"~1 C.~c ir~ ` 9~ Tammy de rd, Mayor F..,` p ,•- city of „i IpkHO a~ {~~A7 Y ~~f ,1P. A st b J ee Holm ,City Clerk ``'°e fs~~5L0.~' Approved By City Council On: ~ ~ 1 +- STATE OF IDAHO ) County of Ada ss. ~i~ On this e`~~day of ~ _, ~$~3; before me, the undersigned, a Notary Public in and for said State, personall appeared TAMMY DE WEERD ands: r~EE Ja`~ J~~,es H6-~~A~1, 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. Fuvc •. :~'a ~ / w • 1~ t • ~ r r 1 t ~ • {~ r ~~y{~,;, • • ` < {~ '~~ NOTARY PUBLIC FOR ID HO Residing at: ~` Commission Exp'res:_~) ag,)~t t~ Recreational Pathway Easement ~~~` IDAHO SURVEY GROUP Project No. 13-058 1450 East Watertower St. Suite 130 Meridian, Idaho 83642 Phone (208) 846-8570 Fax (208) 884-5399 December 17, 2013 "EXHIBIT A" DESCRIPTION FOR PATHWAY EASEMENT BELLINGHAM SUBDIVISION N0.4 n n A pathway easement located in the SW 1/4 of Section 29, T.3N., R.lE., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the West 1/4 corner of said Section 29 from which the Southwest coiner of said Section 29 bears South 00°30'01" East, 2651.89 feet; feet; Thence along the West boundary line of said Section 29 South 00°30'01" East, 1028.65 Thence leaving said West boundary line North 89°29'59" East, 1820.85 feet to the REAL POINT OF BEGINNING of this easement; Thence 32.74 feet along the arc of a curve to the left, said curve having a radius of 173.00 feet, a central angle of 10°50'39" and a long chord of 32.69 feet which bears North 48°31'24" East; Creek; Thence South 31°06'55" East, 298.46 feet; Thence South 00°03'35" West, 36.93 feet northeasterly right-of--way line of the Ten Mile Thence along said northeasterly right-of--way line North 33°25'06" West, 324.56 feet to the REAL POINT OF BEGINNING. S:\ISG Projects\Bellingham Sub 114 13-058\Documents\PATHWAY ease DESC south.doc dV° .] L ~~ 1/4 S.30 Y S.29 0 o ~ `° ~ ~~ ~ ~ N > ~N ~ ~W c~ ~ ~ ~w cn o= ~ o ~ ~o o Qo ~ mo ~I ~a- N M N E. AMITY ROAD S.30 5.29 S.31 ~ S.32 r; 11 12 ~P~ ..:-:-:~ N89'29'59"E 1820.85' • ~~• ~ '--~ ~\ REAL POINT OF BEGINNING ~••••~•••• •••••••-•\- - ------• •~ o BLOCK 16 --'• •'-'- - ~ . rn 2 ...•. ~ ~ ~~, ..-...... \ I ~~, s .:::::::::::::::\ ~".~. s.......---.-.\ S~oNP~ N - -•-••.-: c ~o CITY OF MERIDIAN '-'•'-'-'.\.\ ~ ~ ~ ~ ~ ~ PATHWAY EASEMENT ~•.:.:.•.•.•.:.\ ~'p TF O F ~~P ~~ SO'03'35"~ FGpRY G. C P~~ 36.93 10 60 180 0 30 120 LEGEND O FOUND ALUMINUM CAP MONUMENT PROPERTY BOUNDARY LINE LOT LINE SECTION LINE EASEMENT LINE O7 LOT N0. fDAHO 1450 E. WATERTOWER ST. SURVEY MERID AN IDAH083842 GROUP P C (208) 848-8570 SCALE: 1 " = 60' CURVE TABLE CURVE RADIUS LENGTH CHORD DIST. CHORD BRG. DELTA C1 173.00 32.74 32.69 N48'31'24"E 10'50'39" EXHIBIT B MERIDIAN CITY PATHWAY EASEMENT BELLINGHAM. SUBDIVISION N0. 4 LOCATED IN THE SW Y OF SECTION 29, T.3N., R.1E., B.M. MERIDIAN. ADA COUNTY, IDAHO JOB NO. 73-058 1 DWG. DATE 11/16/13 ~Y'~ _ ~ ~A H 0 1450 East Watertower St. Suite 130 SURVEY Meridian, Idaho 83642 GROUP Phone (208) 846-8570 Fax (208) 884-5399 Project No. 13-058 December 17, 2013 "EXHIBIT A" DESCRIPTION FOR PATHWAY EASEMENT BELLINGHAM SUBDIVISION N0.4 ~, A pathway easement located in the SW 1/4 of Section 29, T.3N., R.lE., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the West 1/4 corner of said Section 29 from which the Southwest coiner of said Section 29 bears South 00°30'01" East, 2651.89 feet; Thence along the East-West centerline of said Section 29 South 89°38'09" East, 2009.88 feet; Thence South 00°03'35" West, 56.43 feet to the REAL POINT OF BEGINNING of this easement; Thence continuing South 00°03'35" West, 15.00 feet; Thence 116.33 feet along the arc of a curve to the right, said curve having a radius of 377.83 feet, a central angle of 17°38'28" and a long chord of 115.87 feet which bears North 80°01'22" West to a point of reverse curve; Thence 12.34 feet along the arc of said reverse curve, said curve having a radius of 7.50 feet, a central angle of 94°16'08" and a long chord of 10.99 feet which bears South 61°39'48" West; Thence South 14°31'43" West, 107.77 feet; Thence North 75°28' 17" West, 15.00 feet; Thence North 14°31'43" East, 107.77 feet; Thence 37.02 feet along the arc of a curve to the right, said curve having a radius of 22.50 feet, a central angle of 94°16'08" and a long chord of 32.98 feet which bears North 61°39'48" East to a point of reverse curve; Thence 111.43 feet along the arc of said reverse curve, said curve having a radius of 362.83 feet, a central angle of 17°35'44" and a long chord of 110.99 feet which bear~~SS..ee~~~~ii 8~0°00'00" East to the REAL POINT OF BEGINNING. t ~~~1.-..~t~/,\ S:\ISG Projects\Bellingham Sub #4 13-058\Documents\PATHWAY ease DESC.doc dV JL ~~ 1/4 S.30 o m a ~ °D-~~ N ow ~m ~ w ~w~ ~~o U(n0 °Qo mo vi ~ S.29 E. AMITY ROAD S.30 S.29 S.31 ~ S.32 22 S89'38'09"E 2009.88' BLOCK 14 CITY OF MERIDIAN PATHWAY EASEMENT 26 ~ ~ Gtk REAL POINT u~~111° -• •-•~ ~ OF BEGINNING to ~........---~..-- ~C1 ... .G ~.` .................'-'.-.. -..~ .--~ 15.00' ... ~ ` F. DEERN~CL ~ DR. 25 100 I 0 5 50 150 SCALE: 1" = 50' FOUND ALUMINUM MONUMENT PROPERTY BOUNDARY LINE LOT LINE SECTION LINE EASEMENT LINE LOT N0. IDAHO 1450 E. WATERTOWER ST. SURVEY MER ~ ~ IDAHO 63642 GROUP, P.C. (208) 846-8570 CURVE TABLE CURVE RADIUS LENGTH CHORD DIST. CHORD BRG. DELTA C1 362.83 111.43 110.99 S80'00'00"E 17'35'44" C2 377.83 116.33 115.87 N80'01'22"W 17'38'28" C3 7.50 12.34 10.99 S61'39'48"W 94'16'08" C4 22.50 37.02 32.98 N61'39'48"E 94'16'08" EXHIBIT B MERIDIAN CITY PATHWAY EASEMENT BELLINGHAM SUBDIVISION N0. 4 LOCATED IN THE SW }4 OF SECT)ON 29, T.3N., R.tE., B.M. MERIDIAN, ADA COUNTY, IDAHO JOB N0. 13-058 SHEET N0. 1 owc. oaTE 11/16/13 E IDIAN~~-- i ~3 ~~ i°I ~~ ~~ Community Development Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Denny Cline DATE: 1/10/14 Land Development Services Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 SUBJECT: Pathway Easement for Bellingham Park No.4 I. RECOMMENDED ACTION A. Move to: 1. Approve a Pathway Easement for the City of Meridian, located on the site of Bellingham Park No.4 Subdivision . 2. This easement establishes for the City of Meridian a pathway that will provide connectivity to present and furture portions of the pathway in Bellingham Park Subdivision No.4. 3. Authorize the Mayor to sign the easement, and the City Clerk to attest. II. DEPARTMENT CONTACT PERSONS Bruce Chatterton, Community Development Director Bruce Freckleton, Development Services Manager Denny Cline, Development Analyst II rL) Denny Cline, eve~pfnent Analyst II 884-5533 489-0362 489-0371 Recommending ~~° Ap p rova ~ e F~-e~kleton, Development Services Manager Ph: 208.887.2211 • www.meridiancity.org Fax 208.887.1297 Rev: 01/2013 Meridian City Council Meeting DATE: January 21, 2014 ITEM NUMBER:. 5G PROJECT NUMBER: ITEM TITLE: BELLINGHAM PARK #4 SEWER EASEMENT Bellingham Park #4 -Sewer Easement MEETING NOTES ~ A~PR~~€o Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-AA~ULED TO STAFF SENT TO .AGENCY SENT TO APPLICANT NOTES INITIALS 1 `. ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 8 BOISE IDAHO 01123/14 10:33 AM II DEPUTY Vicky Bailey III I~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~ RECORDED-.REQUEST OF 1140057'9 Meridian Ciiy SANITARY SEWER EASEMENT THIS INDENTURE, made this ~- day of =4~, 20 between: Ship Development, Inc, the parties of the first part, and hereinafter called t e GRANT RS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter .called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a sanitary sewer right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from ~ time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the. GRANTORS, and other good and valuable consideration, the GRANTORS do .hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and. operation of a sewer line and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the .free right of access to such facilities. at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the sanitary sewer mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sewer Main Easement EASMTSEW l 1-15-13.doc /~ THE GRANTORS hereby covenant and agree that they will not .place ar allow to be placed any permanent structures, trees, brush, or perennial shrubs ar flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part oftheright- of-way and easement hereby granted shall become part of, or lie within the boundaries. of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall. cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: ~ Ship Development, Inc By: Steven L. Schmidt Its: Director STATE OF IDAHO County of Ada On this o?O day of ~,~~~ , 20 ~, before me, the undersigned, a Notary Public in and for said State, personally appeared Steven. L. Schmidt, known or identified to me to be the Director, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ~~~~~~£k~~~ig~ J ~ "s ~ ~ O ARY IC OR .IDAHO =:~" m P ~ ~ L.AUR A RIETLE ~~ ~~~` ~ ~~ ,~~ : RESIDING RT BOISE, IDAH13 t~, " MY!COMMISSlQ~EXPIRES1212812015 ~~ ti ~q ~ ~ '~~~~*~"~ Sewer Main Easement """ ~ EASMT SEW 11-IS-13.doc t GRANTEE: CITY OF MERIDIAN Tammy de~V~erd, Mayor ?\ a~ ~W cs~y oe lpAHO _ s st y ee L. o man, City Cler yr~~ ~,yw nf~dr 7&FA~~&~a Approved By City Council On: a ~ ~o ~ STATE OF IDAHO, ) ss County of Ada ) On this ~_ day of ~~ o~ , 20 ~, before me, the undersigned, a Notary Public in and for said. State, perso ly appeared Tarnniy de Weerd and ~~eee-l?-1=1~e~'an, Jac! .~Q~,e. 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. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEQ~I~ -+.•_F~1~~•.• NOTARY PUBLIC FOR IDAHO ~%'pfiABp '•'~ :~ Residing. at: ~~ ~ • Commission Exp. es: C3~1 a-~rr/ ~.~~ -7 • ~4'1'E • •~~~~~ss~s~ /~ Sewer Main Easement EASMT SEW i l-I 5-13.doc ;- - IDAHO ~s SURVEY '~ F' GROUP Project No. 13-058 "EXHIBIT A" DESCRIPTION FOR SANITARY SEWER EASEMENT BELLINGHAM SUBDIVISION N0.4 1450 East Watertower 5t. Suite 130 Meridian, Idaho 83ti42 Phone (208) 846-8570 Fax (208) 884-5399 December 17, 2013 Revised January 9, 2014 A utility easement located in the SW 1/4 of Section 29, T.3N., R.lE., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the West 1/4 corner of said Section 29 from which the Southwest corner of said Section 29 bears South 00°30'01" East, 2651.89 feet; Thence along the East-West centerline of said Section 29 South 89°38'09" East, 1339.92 feet to the C-W 1/16 corner of said Section 29; Thence along the West boundary line of the NE 1/4 of the SW 1/4 of said Section 29 South 00°07'33" East, 149.12 feet; ~ Thence South 59°24' 15" West, 33.52 feet to the REAL POINT OF BEGINNING of this easement; Thence South 30°00' 16" East, 36.36 feet; Thence South 80°46' 11"East, 129.73 feet to the beginning of anon-tangent curve to the left; Thence along said curve 20.22 feet, said curve having a radius of 48.00 feet, a central angle of 24°07'51" and a long chord of 20.07 feet which bears South 13°54'25" West; Thence North 80°46' 11" West, 122.17 feet; Thence South OS°34'0$" West, 27.79 feet. a point on the northeasterly right-of--way line of the Ten Mile Creek; Thence along said northeasterly right-of--way line North 33°25'06" West, 31.79 feet; Thence leaving said northeasterly right-of--way line North OS°34'08" East, 10.53 feet; . Thence North 30°00' 16" West, 37.69 feet; /'1 Thence North 59°24' 15" East, 20.00 feet to the REAL POINT OF BEGINNING. S:USG Projects~Bellingham Sub #4 l3-OSS~Documents~sewer ease DESC.doc /~ ALSO: A utility easement located in the SW 1/4 of Section 29, T.3N., R.lE., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the West 1/4 corner of said Section 29 from which the Southwest corner of said Section 29 bears South 00°30'01" East,.2651.89 feet; Thence along the West boundary line of said Section 29 South 00°30'01" East, 1028.65 feet; Thence leaving said West boundary line North 89°29'59" East, 1820.85 feet to the REAL POINT OF BEGINNING of this easement; Thence 32.74 feet along the arc of a curve to the left, said curve having a radius of 173.00 feet, a central angle of 10°50'39" and a long chord of 32.69 feet which bears North 48°31'24" East; Thence South 31°06'55" East, 298.46 feet; Thence South 00°03'35" West, 36.93 feet northeasterly right-of--way line of the Ten Mile Creek; Thence along said northeasterly right-of--way line North 33°25'06" West, 324.56 feet to the REAL POINT OF BEGINNING; Prepared By: Idaho Survey Group, P.C. n S:USG Projects\Bellingham Sub k4 13-058\Documents\sewer ease DESC.doc Gregory G, Carter, PLS 1/4 S.30 AMITY dv JL ~~ o a Q a °~~~ ~~~ ow ~m (.D ~ ~ 1~= Noa U ~ ~ M OJ Q O m ~ V7 S.29 S.30 S.29 • S.31 S.32 S89'38'09"E 1339.92' CW 1 /16 N a- W t7 t7 OI O N REAL POINT OF BEGINNING N30'00'16"W~ 37.69' N5'34'08"E 10.53' N33'25'06"W 31.79' CURVE TABLE CURVE RADIUS LENGTH CHORD DIST. CHORD BRG. DELTA Ct 48.00 20.22 20.07 S13'54'25"W 24'07'51" BLOCK 14 26 O~,~u: 25 100 0 5 50 150 SCALE: 1 " = 50' OO FOUND ALUMINUM CAP MONUMENT - - PROPERTY BOUNDARY LINE LOT LINE - - - SECTION LINE ----------- EASEMENT LINE O7 LOT N0. IDAHO 1450 E. WATERTOWER ST. SURVEY MER D N IDAHO 83692 GROUP, P.C (208)846-8570 EXHIBIT B UTILITY EASEMENT BELLINGHAM SUBDIVISION N0. 4 LOCATED IN THE SW y4 OF SECTION 29, T.3N., R.1E., B.M. MERIDIAN, ADA COUNTY, IDAHO JOB N0. 13-058 SHEET N0. 1 DWG. DATE 11/17/13 1/4 S.30 ~ S.29 O o o ~ in ~ tO ~ ~ ;~ N O ~ !Y N ~w ~m ~ ~. ~w N89'29'S9"E 1820.85' cn o c- ~ o U NO m° I REAL POINT OF BEGINNIN ~ ~ I J L I r ~l ~ ri / ~ P~ / ~F~/ \ G~" ~~ ~' G~` '' ~ \ ~~~~ ~~~~~ F ~~ F AMITY ROAD S.30 S.29 S.31 ~ S.32 MERIDIAN SANIU SEWER EASEME 11 12 BLOCK 16 -. 13 F ~`~~ SO'03'35"W 36.93' 25 100 0 5 50 150 SCALE• 1" - ' CURVE TABLE CURVE RADIUS LENGTH CHORD DIST. CHORD BRG. DELTA Ct 173.00 32.74 32.69 N48'31'24"E 10'50'39" - 50 © FOUND ALUMINUM CAP MONUMENT - '- PROPERTY BOUNDARY LINE LOT LINE - - - SECTION LINE --------_-- EASEMENT LINE 7~ LOT N0. IDAHO 1450 E. WATERTOWER ST. SURVEY MER OIAN, IDAHO 83642 GROUP, P. C . (208) 846-8570 EXHIBIT B UTILITY EASEMENT BELLINGHAM SUBDIVISION N0. 4 LOCATED IN THE SW Ya OF SECTION 29, T.3N., R.tE., B.M. MERIDIAN, ADA COUNTY, IDAHO JOB N0. 13-058 SHEET N0. 1 DWG. DATE 11 /17/13 E IDIAN-- 9 ~~ A t 9 ~:~ Community Development Department Land Development Services Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 TO: Mayor Tammy de Weerd Members of the City Council FROM: Denny Cline DATE: 1/10/14 SUBJECT: Sanitary Sewer Easement for Bellingham Subdivision No. 4 I. RECOMMENDED ACTION A. Move to: 1. Approve a Sewer Main Easement for the City of Meridian, located on the site of Bellingham Park No. 4. 2. This easement provides the City of Meridian access to a public sewer trunkline installed to provide service for Bellingham Park No. 4 and future development to the South of Bellingham No. 4. 3. Authorize the Mayor to sign the easement, and the City Clerk to attest. II. DEPARTMENT CONTACT PERSONS Bruce Chatterton, Community Development Director Bruce Freckleton, Development Services Manager Denny Cline, Development Analyst II •.~1 Denny Cline, ~P3evelopment Analyst II eton, Development Services Manager Ph: 208.887.2211 • www.meridiancity.org 884-5533 489-0362 489-0371 Recommending Approval • Fax 208.887.1297 Rev: 01/2013 Meridian City Council Meeting DATE: January 21, 2014 ITEM NUMBER: 5H PROJECT NUMBER: ITEM TITLE: WHITEBARK SUBDIVISION SEWER AND WATER MAIN EASEMENT Whitebark Subdivision Sewer and Water Main Easement MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: EaIAAILED TO gTAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Land Development Services Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idaho 83642 TO: Mayor Tammy de Weerd Members of the City Council FROM: Steve O'Brien DATE: 1/10/14 SUBJECT: Whitebark Sewer and Water Main Easement I. RECOMMENDED ACTION A. Move to: 1. Approve a Sewer and Water Main Easement for the City of Meridian, located on the site of Whitebark Subdivision. 2. This easement provides the City of Meridian access to new sewer and water mains, as well as establishes the corridor for the future sewer trunk extension through Whitebark Subdivision. 3. Authorize the Mayor to sign the easement, and the City Clerk to attest. II. DEPARTMENT CONTACT PERSONS Bruce Chatterton, Community Development Director Bruce Freckleton, Development Services Manager Steve O'Brien, Development Analyst II ~~ Steve O'Brien, DeyP_lopment Analyst II Cjevelopment Services Manager 884-5533 489-0362 489-0371 Recommending Approval Ph: 208.887.2211 • www.meridiancity.orq Fax 208.887.1297 Rev: 01/2013 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 10 BOISE IDAHO 01/23/14 .04:11 PM ff DEPUTY Vicky Bailey ~~~ (~~~~~~~~~~~~~~~~~~I~~~~~~~~~~~ ~~~ RECORDED-REQUEST OF WHEN RECaRnF[~ MAIL ~ro: ~ Meridian Ciry 1 I ~!~~~`~$~ THORNTON BYR~N LLP 31 O1 W. MAIN STREET, STE. 2OO BoisE,1D 83702-2099 ABOVE SPACE FOR RF,CC)RI)F.R'S USE SANITARY SEWER AND WATER MAIN EASEMENT "~~ ~rlvar~, abt~ THIS INDENTURE, made this day of Bccecn~ber~B-I~-, between CINDY K. LEWIS, Trustee of the CINDY K. LEWIS TRUST u/t!a dated the l 8`" day of May, 2005, and T&M HOLDINGS LLC, an Idaho limited liability company, the parties of the first part, hereinafter called the Grantors; and the CITY OF MERIDIAN, Ada County, Idaho, the party of the second part, hereinafter called the Grantee. WITNESSETH: WHEREAS, the Grantors desire to provide sanitary sewer and. water main. right-of--ways across the premises and .property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and /"~ WHEREAS, it will be necessary to maintain and service adppelines from time to timeby the Grantee. NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant anal convey unto the Grantee the right-af--ways for easements :for the operation and maintenance of sanitary sewer and water mains over and across the real property described on Exhibits A-1 anal A-2 attached hereto and depicted on Exhibits B-1 and B-2 attached hereto, collectively the "easement." The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with theirmantenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, .the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and ~ maintenance. However, Grantee shall not. be responsible for repairing, replacing ar restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and. agree that they will not place or allow to be placed any permanent structures, trees, brush, ar perennial shrubs or flowers within the area described far this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of--way and easement hereby granted shall become part af, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within. such boundary thereof or which is a part thereof, shall cease and.become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS THEREOF, the said parties of the first. part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: CINDY K. LEWIS TRUST ultJa dated the l8`" day of , 2005 By, j~~ ~~;..~ Cindy ewis, Trustee T&M HOLDINGS LLC, AN IDAHO LIMITED LIABILITY COMPANY By: R. McMaster, Manager 2 STATE OF IDAHO ) ss. County of Ada rte. On this ,~_ day of December, 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared Cindy K. Lewis, known or identified to me to be the Trustee of the Cindy K. Lewis 'Trust ult/a dated the 1$"' day of May, 2005, the within named Trust, and the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same for and on behalf of said Trust. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz fist above written. Notary Public, Sta of I~ Residing at: Commission Expires: STATE OF IDAHO } ss. County of Ada On this ~ ~ day of December,. 201.3, before me, the undersigned Notary Public in and for said State, ..personally appeared Douglas R. McMaster, known or identified to me to be a Manager of T&M Holdings LLC, the Idaho limited liability company that executed the foregoing instrument and the person whose Warne is subscribed to the within instrument, and acknowledged to me that said limited liability carnpany executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public, S e of I Residing at: ~~ _ 3 ~~ GRANTEE: CITY OF Tammy de rd, Mayor ~~ ~',.\ ~,1 City of ~ Amt by~J~a yc~e L. Ho'irfi °' Ci ~~~' =-%' ~ tY ,~ Approved By City Council: ~~~~`~8e tneASeA~v ~ti~ 1 (Date) :STATE OF IDAHO ) . ss. County of Ada ) B~~ ` ~ ~ ~ On this s~ day ofJ~~ ~ f-~8~3, before me, a dens' ed, a Notary 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. ~„ ~, E _ F'j~ .~ NOTARY PUBLIC FOR IDAHO ~.~,.•a~A.Ftp',,C,~: Residing at: ~ ~,..~ ~' ~; Commission Ex~_~ ~ ~1-~ +~,'~ • ~~ . ~ . ~'. ~ ~~. moo; pC1gS, s~~.~97''E ~OF'1~~~' /~ 4 ~~ Exhibit A-1 Legal Description of Easement (West Side of Subject Property) Commencing at the Northwest corner of said Section 32 from which the North 1/4 corner of said Section 32 bears South 89°43'50" East, 2645.04 feet; Thence along the North boundary line of said Section 32 South 89°43'50" East, 2316.55 feet; Thence leaving said North boundary line South 00°16'10" West, 25.00 feet to a point on the South right-of-way line of West Amity Road, said point being the REAL POINT OF BEGINNING; Thence continuing South 00°16'10" West, 286.50 feet; Thence North 89°43'50" West, 105.78 feet; Thence 95.24 feet along the arc of a curve to the left having a radius of 55.00 feet, a central angle of 99°12'50" and a long chord which bears South 40°39'45" West, a distance of 83.78 feet; Thence South 08°56'41" East, 225.19 feet; ~ Thence 130.69 feet along the arc of a curve to the right having a radius of 320.00 feet, a central angle of 23°24'00" and a long chord which bears South 02°45'19" West, a distance of 129.78 feet; Thence South 14°27'19" West, 120.06 feet; Thence 163.04 feet along the arc of a curve to the left having a radius of 280.00 feet, a central angle of 33°21'42" and a long chord which bears South 02°13'32" East, a distance of 160.74 feet; Thence 231.23 feet along the arc of a reverse curve to the right having a radius of 420.00 feet, a central angle of 31°32'38" and a long chord which bears South 03°08'04" East, a distance of 228.32 feet; Thence 38.93 feet along the arc of a reverse curve to the left having a radius of 180.00 feet, a central angle of 12°23'29" and a long chord which bears South 06°26'30" West, a distance of 38.85 feet; Thence South 00°14'46" West, 66.50 feet to a point on the North boundary line of Blackrock Subdivision No. 1 as filed in Book 96 of Plats at Pages 12003 through 12008, records of Ada County, Idaho; n Thence along said North boundary line North 89°44'45" West, 40.00 feet; 5 Thence leaving said North boundary line North 00°14'46" East, 66.50 feet; Thence 47.58 feet along the arc of a curve to the right having a radius of 220.00 feet, a central angle of 12°23'29" and a long chord which bears North 06°26'30" East, a distance of 47.49 feet; Thence 209.21 feet along the arc of a reverse curve to the left having a radius of 380.00 feet, a central angle of 31°32'38" and a long chord which bears North 03°08'04" West, a distance of 206.58 feet; Thence 186.33 feet along the arc of a reverse curve to the right having a radius of 320.00 feet, a central angle of 33°21'42" and a long chord which bears North 02°13'32" West, a distance of 183.71 feet; Thence North 14°27'19" East, 120.06 feet; Thence 114.35 feet along the arc of a curve to the left having a radius of 280.00 feet, a central angle of 23°24'00" and a long chord which bears North 02°45'19" East, a distance of 113.56 feet; Thence North 08°56'41" West, 225.19 feet; Thence 63.01 feet along the arc of a curve to the right having a radius of 95.00 feet, a central angle of 38°00'11" and a long chord which bears Narth 10°03'24" East, a distance of 61.86 feet; Thence North 10°26'58" West, 301.00 feet to a point on the South right-of-way line of WesfAmity Road; Thence along said South right-of-way line South 89°43'50" East, 40.71 feet; Thence leaving said South right-of-way line South 10°26'58" East, 264.89 feet; Thence 51.79 feet along the arc of anon-tangent curve to the right having a radius of 95.00 feet, a central angle of 31°14'09" and a long chord which bears North 74°39'05" East, a distance of 51.15 feet; Thence South 89°43'50" East, 65.79 feet; Thence North 00°16'10" East, 246.50 feet to a point on the South right-of-way line of said West Amity Road; Thence along said South right-of-way line South 89°43'50" East, 40.00 feet to the REAL POINT OF BEGINNING. , ,, ~ , r 6 ~~ Exhibit A-2 Legal Description of Easement (East Side of Subject Property) A permanent public utility and access easement located within a portion of the Northeast 1/4 of the Northwest 1/4 of Section 32, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho being more particularly described as follows: Commencing at the Northwest corner of said Section 32 from which the North 1/4 corner of said Section 32 bears South 89°43'50" East, 2645.04 feet; Thence along the North boundary line of said Section 32 South 89°43'50" East, 2454.54 feet; Thence leaving said North boundary line South 00°18'40" West, 25.00 feet to a point on the South right-of-way line of West Amity Road, said point being the REAL POINT OF BEGINNING; Thence along said South right-of-way line of South 89°43'50" East, 30.00 feet; Thence South 00°18'40" West, 331.50 feet; Thence South 09°33'17" East, 71.10 feet; Thence South 09°49'37" East, 104.87 feet; Thence 156.49 feet along the arc of a curve to the right having a radius of /"~ 420.00 feet, a central angle of 21°20'54" and a long chord which bears South 00°50'49" West, a distance of 155.59 feet; Thence South 11°31'16" West, 217.15 feet; Thence 87.99 feet along the arc of a curve to the left having a radius of 180.00 feet, a central angle of 28°00'33" and a long chord which bears South 02°29'00" East, a distance of 87.12 feet; Thence 297.31 feet along the arc of a reverse curare to the right having a radius of 520.00 feet, a central angle of 32°45'30" and a long chord which bears South 00°06'32" East, a distance of 293.27 feet; Thence 22.37 feet along the arc of a reverse curve to the left having a radius of 80.00 feet, a central angle of 16°01'27" and a long chord which bears South 08°15'30" West, a distance of 22.30 feet; Thence South 00°14'46" East, 36.47 feet to a point on the North boundary line of Blackrock Subdivision No. 1 as filed in Book 96 of Plats at Pages 12003 through 12008, records of Ada County, Idaho; Thence along said North boundary line North 89°44'45" West, 40.00 feet; Thence leaving said North boundary line North 00°14'46" East, 36.47 feet; Thence 33.56 feet along the arc of a curve to the right having a radius of /'~ 120.00 feet, a central angle of 16°01'27", and a long chord which bears North 08°15'30" East, a distance of 33.45 feet; 7 ~\ Thence 274.44 feet along the arc of a reverse curve to the left having a radius of 480.00 feet, a central angle of 32°45'30", and a long chord which bears North 00°06'32" West, a distance of 270.71 feet; Thence 107.55 feet along the arc of a reverse curve to the right having a radius of 220.00 feet, a central angle of 28°00'33", and a long chord which bears North 02°29'00" West, a distance of 106.48 feet; Thence North 11°31'16" East, 217.15 feet; Thence 141.59 feet along the arc of a curve to the left having a radius of 380.00 feet, a central angle of 21 °20'54", and a long chord which bears North 00°50'49" East, a distance of 140.77 feet; Thence North 09°49'37" West, 188.01 feet; Thence North 12°34'26" East, 55.69 feet; Thence North 00°18'40" East, 272.31 feet to the REAL POINT OF BEGINNING. ~ D r~7 ~v~~o. ~`y~c~ s Depiction of Easement (West Side of Subject Property) aY' BASIS OF BEARINGS "S 89'43'50" E 2645.04' W. AAiITY ROAD i 30 29 2318.55' _ _ _ _ •. 16~ • ,] L _ 31 32 ~ 1 - ~~ - _'~ii'1 --- / -- I 321 4 ~ L1 1- 1 ( 1 25' WIDE I 1; 1 I- I o Ir ~l I PRESCRIPTIVE I ~ o_ t _vl .: 1 RUW \ ' ; 1 'I I . j-" 101 L73j I I ~_~•ip'C--L3 0 ~ SCALE: "' ~ ~~ - -~ _ 1 " = 250' I I _ I LINE TABLE I I I LINE BEARING LENGTH L7 S 00'16'10" W 5.00' L2 S 0'16'10" W 286.50' I l3 tJ 89'43'SD" W 105.78' I I 1.4 S 06'86'41" E 225.19' I L5 5 t4' 799" Yl 1..20.08' ~ L6 S OOq 4'46" W 66_50'_ l7 N 00'14'46" E 66.50' I LB N 14'27'19" E 120.06' I I L9 N 08'56'41" VJ 225.19' I L10 N 10'26'58" W 301.00' I L11 S 9'43'50" E 40.71' I Lit 5 10'26'58" E 264.84' L73 S 89'43'50" E 65.79' I 1 1~ 'ly n ( l14 N DO'i6'10" E 246.50' I ; UI IV L15 S 89'43'50" E 40.00' j.~~l I 1 -'1 i ~~~ , VI.:' ~ i I I 1 1 NW 1/fi~3.82' ~ . tO _Ji4o'iJ --- - - _ CN 1/16 N 89'44' 45" W 1335.60' ____ ~ ~ T ~~ CURVE TABLE CURVE RADIUS LENGTH CHORD_ I CHORD BRG. DELTA Cl 55.00' 95.24' 83.78' S 40'39'45" \N 99'12'50" C2 32D. 0' 130.69' 129.76' S 02'45'19" W 23'24'00" C3 28 ;00' 163.04' 160.74' S 02'13'32" E :13'21'42" C'1 420.00' 231.23' 228.32' S 03'08'04" E 31'32'38" C5 180.00' 38.93' 38.85' S 06'26'30" W 12'23'29" C6 220.00' 47.58' 4%.49' N 06'26'30" E 12'23'29" C7 380.00' 209.21' 206.58' N 03'08'04" W 31'32"38" C8 320.00' 166.33' 183.71' _ N 02'13'32" W 33'21'4." C9 280.00' 114.35' 113.56' N 02'45'19° E 23'24'00" C1U 95.00' 63.D7' 61.86' N 10'0324" E 38'00'11" Cif 95.00' S1J9' 51.15' N 7a'39'o5" E 31'14'09"~ IDAHO tg60 E. WATEHTOLKR6T. SURVEY 1.1ERIOIAN, IDAHO 03682 (x661686-8670 GROUP, P.C. Exhibit B-1 ' 7729 ' N,. ) zll~ h3 ,~° ~9TF OF ~~P,~~42- ~RYG,CP~ EXHIBIT DRAWING FOR PERMANENT PUBLIC UTILITY AND ACCESS EASEMENT LOCATED WITHIN 1Hf. NE 1/4 OF OF THE NW i/4 OF SECTION 32, T.3N., R.1E., B.M., MERIDIAN, ADA COUNTY, IDAHO JOB NO. 13-178 DWG. DATE 12-11-13 9 Exhibit B-2 of Easement (East Side of Subject Property) BASIS OF BEARINGS • ' 'S 89'43'50" E 2645.04' W. AMITY ROAD ~ 30 29 245 4. 54' 190 50'~'~ - - _ _ _ _ . . 31 32 ~ SO'18'40"W 1 25.00' RpOg ~ i 30,00' 1 NO'i8'40"E ~i 1 L I 272.31' 1 ~SO'18'40"W 1 331 50' 7 ~ . 1 I ~ 1 1 ~ I N12'34'26"E~~ ! S9'33'15 55.69' ~ f-71.10' 1 1 I I N9'49'37"W ~ ~ 1 59'49'37"E 188.01' 1 1.` SCALE: _ I ~ 1 1o4 s7' 1 FF = 2rJO) i I I F l r I VI IU 1 I I 1 I f 1 ~ ' r N11'31'16"E ~ ~ I 217.15' ~ 1 i ~~511'31'16"W II ~ 217.15' I Ui ~v 1 1 I PERMANANT SEWER ~ 1~ ~~ ' 1 EASEMENT 1 I 4 I I U UI 1 1 1 I I 1 I 1 C8 ~ i I ' ' " ~ 1 I NO 14 46 E ~ 36.4T~1 ~C7~ -- --- --- N89'44'45"W ~SO'14'46"W 40.00' 36.47' BLACKROCK SUB. NO. 1 ~~ Curve Toble Curve # length Rad(us Delta CHD BEARING CHD DISTANCE C1 156.49 420.00 21'20'54" 50'50'49"W 155.59 C2 141.59 380.00 21'20'54" NO'S0'49"E 140.77 C3 87.99 180.00 28'00'33" 52'29'00"E 87.12 C4 107.55 220.00 28'00'33" N2'29'00"W 106.48 C5 297.31 520.00 32'45'30" SO'O6'32"E 293.27 C6 274.44 480.00 32'45'30" NO'06'32"W 270.71 C7 22.37 80.00 16'01'27" 88'15'30"W 22.30 CS 33.56 120.00 16'01'27" N8'15'30"E 33.45 7 729 N~ IZIZ3~~3.ro F lF O F ~~P•~ `~~Y G.GP% ~"JS.. F.utxls ;^A.:1r B~uF Sw 13-I:)IT\tlc115.F Fe :: f.'.a.:q 1]j1G/:'dl,'. 11:3;.;.5 4~ l,>T IDAHO EXHIBIT B ,,oa No. 13-176 '<soe.wnreRmweRST. PERMANENT PUBLIC UTILITY ANO SURVEY SUITE,3U SHEET NO. '"~R'°'^"•'°A"°B~F^Z ACCESS EASEMENT ~ GROUP P.C, r203'9aF85T° F LOCATED NITHIN THE NE 1/4 OF OF 1HE NW 1/4 GF SECTION 32, DWG. DATE T.3N., R.SE., B.M., MERIDIAN, ADA COUNTY, IDAHO ~ 12-23-13 10 E IDIAN I ~:~ ~~ i-1 Community Development Department Land Development Services Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Tdaho 83642 TO: Mayor Tammy de Weerd Members of the City Council FROM: Steve O'Brien DATE: 1/10/14 SUBJECT: Whitebark Sewer and Water Main Easement I. RECOMMENDED ACTION A. Move to: 1. Approve a Sewer and Water Main Easement for the City of Meridian, located on the site of Whitebark Subdivision. 2. This easement provides the City of Meridian access to new sewer and water mains, as well as establishes the corridor for the future sewer trunk extension through Whitebark Subdivision. 3. Authorize the Mayor to sign the easement, and the City Clerk to attest. II. DEPARTMENT CONTACT PERSONS Bruce Chatterton, Community Development Director Bruce Freckleton, Development Services Manager Steve O'Brien, Development Analyst II 'Steve O'Brien, Dopment Analyst II ~ Brecl~'ton;'[~evelopment Services Manager Ph: 208.887.2211 • www.meridiancity.orq • 884-5533 489-0362 489-0371 Recommending Approval Fax 208.887.1297 Rev: 01/2013 Meridian City Council. Meeting DATE: January 21, 2014 ITEM NUMBER:. 51 PROJECT NUMBER: ITEM TITLE: RECREATIONAL PATHWAY EASEMENT THE CLUB AT SPURWING Recreational Pathway Easement for the Club at Spurwing MEETING NOTES ~/ G~~POYED 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 6 ` BOISE IQAHO Q1123114 10:33 AM DEPUTY Vicky Bailey ~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~ RECOROEO-REQUEST OF Meridian Cily 1.14065793 n RECREATIt3NAI. PATHWAY EASEMENT THIS AGREEMENT made and entered into this ` da of ~`b`~`r~`~~~ y Augur , , between The Club at Spurwing, LLC hereinafter referred to as "Grantor", and fine City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WTCNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WH>/'R.EAS, the Grantee desires to grant an easement to establish the pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the' easement described herein; and NOW, THEREFORE, the Crrantor does hereby grant unto the Grantee an easement on the following property, described on Exlu'bit "A" and depicted on Exlu~bit `B" attached hereto and incorporated herein. ~ The easement hereby granted is for the purpose of providing public recreational pathway easements for multiple-use non-motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement unto the sand Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed .any permanent struchu-es, trees, brush, or perennial shrubs or flowers within the :area described for this easement, which world interfere with the use of said easement, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that Grantor shall repair and maintain the pathway improvements. THE GRANTOR hereby covenants and .agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof,:. shall cease and become null and void and of no further effect and. shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a goad and .lawful. right to convey said easement, and that: it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. iTonw.a4tinnol 'Patjr.sra~r Fecammr~4 ~~ IN WITNESS WHEREOF, the said Crrantor has hereunto subscribed its signature the day and year first hereinabave written. GRANTOR: THE CLUB AT SPURWIlVG, LLC Its: STATE OF IDAHO County of Ada ss ~_--) .-- (?n this ~ day of n ~~` r~ , 2011 ,before zne, the undersigned, a Notary Public i and for said. State, personally apgeared ~~`~r I~~~--°~~_~~,~~~~''~` ,before me, who, being by me first duly sworn, declared that helshe is the of THE CLUB AT SPURWIlVG, LI,C, that helsh sigaed the foregoing doc~nnent as of THE CLUB AT SPURWING, LLC, and that the statements therein contained are true. IN WITNESS WHEREOF, I have hereunto setmy hand and arced my official seal the day and year fist above written. (SEAL) DANIELLE SUTTON Notary Public State of Idaho !Jf l ' !/ NOTARY PUBLIC FOR IDAHO Residing at: ~ ~ i c~ GLG~~ , Commission. Expires: ~'\ GRANTEE: C1TY OF MERIDIAN nucusrl Tammy deerd, Mayor z c~~v °£ ~- JYi~ ~~ est b Ho man, City Clerk t"'6k ~r the Z~Eks4 :Approved By City Council On: ~ ~ STATE~OF IDAHO ) ss. County of Ada } an~~l On ths~_day of~u~ ,~;; before me, the undersigned, a Notary Public in and for said State, personstlly appeared TAMMY DE WEERD and ~:r'~y~E ~~-t ~o n e.,~ ~I@I~ff~N, 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. TN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. it~il~l~t~ • g~ •. . ? ~ w; ~' ~ ' •x~ .o. ~•• FATE ~ ,• -- j~st ~ ~ ~ . ~ ~ydryt~1 Z,t NOTARY PUBLIC FOR IDAHO Residing at; Conunission Exp es:~~y/ n~ /~ quadrant Consulting, Inc. September 25, 2013 EXHIBIT A Spurwing Challenge Subdivision Recreational Pathway Easements RECREATIONAL PATHWAY EASMENT-WEST OF N. LONG LAKE WAY An easement located within Lot 7, Block 1 of Spurwing Challenge Subdivision recorded in Book 105 of Plats at Pages 14438 to 14442, records of Ada County. Said easement also being located in portions of the Southeast'/ and the Southwest li4 of:~ection 23, Township 4 North, range i West, Boise Meridian, City of Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at the Southeast corner of said Lot 7, Block 1, said Southeast corner being on the North Right-of--Way of West Chinden Boulevard and also being the POINT OF BEGINNING, thence along said North Right-of--Way n 171.34 feet along anon-tangent curve to the right; said curve having a radius of 34307.48 feet, a delta angle of 0°17' 10", and a chord bearing and distance of North 89°20'00" West 171.34 feet, thence North 89°11'21" West 460.53 feet to the East boundary line of Lot 4, Block 1 of the Plat of Spurwing Subdivision, Book 69 of Plats, Pages 7104-7108, records of Ada County, thence leaving said North Right-of--Way and continuing along said East boundary line 20.40 feet along a curve to the left; said curve having a radius of 50.00 feet, a delta angle of 23°22'32", and a chord bearing and distance of North 12°30' 14" East 20.26 feet, thence North 00°48' 56" East 10.16 feet, thence leaving said East boundary line South 89°11'21" East 456.43 feet, thence North 79°43'58" East 94.65 feet, thence South 76°22'09" East 80.03 feet, thence South 00°00'00" East 30.00 feet to the POINT OF BEGINNING. Said easement contains 20,400 square feet, or 0.47 acres more or less. Page 1 of 2 1904 W. Overland Boise, ID 83705 Phone (208) 342-0091 Fax (208) 342-0092 www.quadrant.cc Civil Engineering Surveying quadrant Consulting, Inc. September 25, 2013 EXHIBIT A Spurwing Challenge Subdivision Recreational Pathway Easements 10' RECREATIONAL PATHWAY EASMENT-EAST OF N. LONG LAKE WAY A 10.00 foot wide easement being the South 10.00 feet of Lot 7, Block 3 of Spurwing Challenge Subdivision recorded in Book 105 of Plats at Pages 14438 to 14442 of Plats, records of Ada County. Said easement also being located in a portion of'the Southwest % of the Southeast'i4 of Section 23, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at the Southwest corner of said Lot 7, Block 3, said Southwest corner being on the East Right-of--Way of North Long Lake Way and also being the POINT OF BEGINNING, thence along said East Right-of--Way North 00°00'00" East 10.00 feet, thence leaving said East Right-of--Way 33.54 feet along a curve to the left; said curve having a radius of 34297.48, a delta angle of 0°03'22", and a chord bearing and distance of South 89°37'04" East 33.54 feet, thence South 89°38'47" East 1505.57 feet, thence /'1 South 00°19'05" West 10.00 feet to the North Right-of--Way of West Chinden Boulevard, thence continuing along said North Right-of--Way North 89°38'47" West 1505.58 feet, thence 33.48 feet along a curve to the right; said curve having a radius of 34307.48 feet, a delta angle of 0°03'21", and a chord bearing and distance of North 89°37'05" West 33.48 feet to the POINT OF BEGINNING. Said easement contains 15,391 square feet, or 0.35 acres more or less. Page 2 of 2 1904 W. Overland Boise, ID 83705 Phone (208) 342-0091 Fax (208) 342-0092 www.quadrant.cc Civil Engineering Surveying ~ c~ Z tJi 'd' OD n ~ O ~ O O r~ n N ~ O p ~ O p .- lpD d= rn O 0 ao W J V' ~O tO p W W 3 W W 0 ~ Z ~ p ~ ~ ~ p O ~ r- O O p p~ ~ M N z m N °o o° ut°i °o °o ~ n ~ z z v~ z z rn z cn ~ -~ J J J J J J ~ z o~ '~ ~~ ~i ~~ W~ ~~ z~ a'W'MM V a U~ ~° z ~' ~~ a° ~O ~~ •ens laNdae '~ ~oo~e l lol d0 N0112~Od H a° U 1-~ Q~Q z 3 QWY ~QJ (~ W O OHO `~ a z ~~ o ,oo•o~ N W 'f~ ~ N W O _. _.UN 5° O ~ ~ ~ ~~ o ~? F~ N ~ IN ~ (3 F- I~ M 3 ~z ~ ~ I M M °°'° o 0 z ~ m W z°_ I~ k~ .ldM 3~k+'l JN07 N F °a f J I Z} ~ OWI~ ?' O U ~a~a O () W ~ ~3 ~ a d •ans oNw-~nds ~o ld~d L ~100~8 ~ lol ~j ~ co .rn ~ `` ~ ,•~ a ~NNUO to N N o ~p N ~ W f- 3 N N F- ~ ~ r o0 ono to z NN ~~ d p 1NN VO Z W(~~ ~i w O.. Z a ~ U W Z J ~ ~ ~ ~ Z J ~y a F- J o ~ Z W o ~F~ = N O O X Q W L~ ~ W W N I I 0 ~I i I 1 O W~ N ,moo ~~ WN N Z II a `~ ~ o Z +~ v ~ ~' s." c ~ ~ ~ ~ Q o i ~ ~~~~~ ^^ ~ ~m~a ^s ~ ~ ~~ Z~ a ~~ ~~~ 00 ~~~z~ ~~. zoo H~~ ~~~ '"'Z~ ao~a a ~~~ y~~~ U A c~c ~p~ ~~ VSO 0 ~~ a~~ ~~ o m~ F 0 Meridian City Council Meeting DATE:. January 21, 2014 ITEM NUMBER: 5J PROJECT NUMBER: ITEM TITLE: ACCEPTANCE AGREEMENT GYPSY GALLERY Acceptance Agreement: Display of Artwork of Gypsy Gallery in Initial Point Gallery from February 28 to March 28, 2014 MEETING NOTES uy pFF60YED Community Item/Presentations Presenter Contact Info./Notes ._ CLERKS OFFICE FINAL ACTION DATE: E-M/ULED TO gTAFF SENT TO A~iENCY SENT TO APPLICANT NOTES INITIALS I ACCEPTANCE AGREEMENT: /'\ DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the ~~ day of ,,_~,3~~,-.~ 2014, ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the Iaws of the :State of Idaho.("City"), and Zella Bardsley ("Organizer"), on behalf of Gypsy Gallery ("Organization"), a limited liability company organzied under the laws of the State of Idaho. WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art. gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave.., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Organizer did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial .Point Gallery; WHEREAS, on October 24, 201.3, the Meridian Arts Commission ("Commission") reviewed the :responses to the Call to Artists, selected Organization's work for display based on the Proposal, and recommended to the.Meridan City Council that Organization's artwork, as depicted in the Proposal, be displayed in Initial Point: Gallery;.. ~ WHEREAS, at its regular meeting on December l 0, 2013, the Meridian City Council adopted such recommendation and directed the Commission to work with Organization to establish a display of Organization's artwork in Initial:Point Gailery;.and .WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hail is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt :and sufficiency of which is hereby acknowledged and agreed, and.. in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Organizer shall. personally deliver to Initial Point Gallery, on February 28, 2014, at 9:04 a.m, or at such time and date as is mutually agreed-upon by the Organization and the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Organizer shall be responsible for hanging such artwork on February 28, 2014 at the direction of the Gallery 'Curator; shall allow the display of such work in Initial Point Gallery from. February 28, 2014 to March 28, 2014,. in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on March 28, 2014, at 9:00 a.m., ar at such time and date as is mutually agreed '.upon by the Organizer and. the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL PoFNT GALLERY DISPLAY PAGE I II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Organizer shall display the artwork of Organization in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Organizer or Organization for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Organizer or Organization may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallely. City personnel shall not facilitate in any way the sale of artwork; any transaction related to the sale of artwork shall be handled solely by Organizer or Organization. Organizer acknowledges the Commission's request that Organization voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallely. Upon the sale of a piece of artwork on display in Initial Point Gallery, Organizer may remove such artwork from the Gallery, provided that Organizer replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Organizer shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE. n Organizer shall coordinate and/or provide the services described in this Agreement in a timely manner, as described herein. Organizer acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Organizer shall coordinate any and all such activity with the Gallery Cwator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Organizer for display in Initial Point Gallely to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Foam attached hereto in Exhibit B, as well as to ensure that such artwork maybe safely and appropriately displayed in Initial Point Gallery. If the Gallely Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallely, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such i'`~ removal serves the best interest of the City. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 V. DISPLAY. ~\ A. Original artwork. Organizer and Organization warrants that all artwork provided for display in Initial Point Gallery shall be, and is, original work conceived and created by members of Organization. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, the artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of names. Organizer hereby conveys to City permission to use Organization's and its members' names for purposes of advertising, marketing, and public information, without violation of Organization's or its members' rights of privacy or any other rights Organization or its members may possess under this Agreement, provided that City shall not use Organization's logo(s), if any, for any purpose without the express, written permission of Organizer. D. Use of City's name. City hereby conveys to Organization permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that neither Organizer nor its members shall use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. E. Removal of artwork by City. City shall have the right to remove artwork from public display at any time and for any reason. Such removal maybe temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty- eight (48) hours, City shall notify Organizer in the manner set forth herein. While it is intended that Organization's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period maybe shortened by City for any reason without notice. F. Removal of artwork by Organization. Organizer shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one artist or organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Organizer, Organization, and Organization's members, shall, and hereby do, indemnify, save, and hold harmless the City and any and all of its employees, agents, n volunteers, and/or elected ofi•icials 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 ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 Organizer, Organization, Organization's members, or such parties' volunteers, servants, agents, employees, guests, and/or business invitees. B. Waiver. Organizer and Organization shall, and hereby do, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Organizer's or Organization's performance of this Agreement, whether such loss or damage maybe attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance is Organization's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Organization or its members in the furtherance of the respective rights or obligations described herein. Insurance of the artwork; of the Organization's or its members' persons, property, or interests; and/or of the Organization's or its members' employees or agents shall be the sole responsibility of Organization. Organization or its members shall obtain all necessary insurance as may be required in order to protect those parties' insurable interests for their rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Organization shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Organizer, Organization, or its members have 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 any Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Organizer, Organization, or its members. C. Termination due to death or incapacity. This Agreement shall automatically terminate upon the death or incapacity of Organizer. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 4 VIII. GENERAL PROVISIONS. /~ A. Relationship of Parties. It is the express intention of Parties that Organizer, Organization, and Organization's members are independent parties and not employees, agents, joint venturers, or partners of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Organizer, Organization, or its members and City or between Organizer, Organization, or its members and any official, agent, or employee of City. Both parties acknowledge that neither Organizer, nor Organization, nor Organization's members are employees of City. Organizer, Organization, and Organization's members shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Organizer, Organization, and Organization's members shall comply with any and all applicable federal, state, and local laws. C. Non-discrimination. In fulfilling or exercising any right or obligation under this Agreement, neither Organizer nor Organization shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensoly disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, '~ modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Organization shall not subcontract or assign any of Organization's obligations under this Agreement that require or that may require their artistic talent or expertise. Organization may subcontract or assign obligations that do not require artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 I. Notice. Any and all notice .required to be provided by the Parties .hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: ~(~p?l N= ~~~c~~/~ Or anizer: Galle Curator: Ci Zeila Bardsle Dwi t Williams Emil Kane G s Galle Meridian Arts Commission De u C Attorne 4621 atton (~~.. 33 E. Broadwa Ave. 33 E. Broadwa .Ave. Boise ID '83704 . Meridian, Idaho 83b42 Meridian, Idaho 83642 208-378-1464 (208 887-6473 208 898-5506 zellabardsle cableone.net dwi ht5332 .com ekane eridianci .or Any party may change its respective. address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. Warranty of authority. Organizer expressly warrants that, to the extent set forth herein, Organizer is duly authorized to act as the representative and agent of Organization and of each and all of its members. Organizer further warrants that Organizer is authorized to bind Organization and its members and principals to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Organization and its members and principals. K. 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. ~1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this d~day BY: A ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAQE6 CITY OF MERIDIAN: ~'\ /~ Exhibit A ~1 Meridian t Commission Call for Artists: 2014 INI~'IAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2014 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Halt (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space for hanging two- dimensional artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: Two-dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art; artwork on paper must be under glass or acrylic. Selectees must fill all or half of the gallery. Three- dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply biennially and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists' work. PROPOSAL REQUIREMENTS; Artists or organizations wishing to display work in the 2014 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. /~ Completed, signed Application It Acknowledgements form; Biography of the artist or informational statement regarding organization; • Letter of intent; • Five (5) digital images representational of the works proposed for display, on a CD (for organizations, each image must be of a different artist's work); and • $35 gallery maintenance fee (nonrefundable). Details and forms are available at the City's website, http: J/www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. Materials submitted will not be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 18, 2013. SELECTION PROCESS: The selection of art for the 2014 Initial Point Gallery Series wilt be made by MAC. MAC will notify selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors wilt be considered: • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: • Volunteers to assist artist/organization with installing and removing each piece of artwork; • Track system for hanging 2D art and four enclosed pedestals for 3D art; • Space for artist information and/or an information board; and • Publicity of the exhibit through City contacts, local media, and other informational forums. ~NTACT MAC; By mail: By a-mail: Meridian Arts Commission Attn: 2014 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 macC~meridiancity. org Exhibit B /~ • ..~=-- ~~ Meridian Commission Application It Acknowted~ments: 2013 INITIAL POINT GALLERY SERIES ARTISTIORGANIZEit CONTACT INFORMATION: . Check one; ~1 am submitting this form as an individual artist. arp submitting this form on behalf of an or$ani; Artist/Org. Name: Organizer name: E-mail address: Mailing Address: Physical. Address: Phone numbers: APPLICATION OVERVIEW: Check alt that apply: ^ i/we propose to fill one half of Initial Point Gallery with two-dimensional artwork. . Uwe propose to fill the entire Initial point Gallery with two-dimensional artwork. / e propose to fill these display cases with ~D artwork: ~24"Wx24"Dx "H ~ 24"Wx24"Dx36"H 124"Wx24"Dx30"t~, ~24"Wx24"Dx24"H Number of 2D pieces: Average size of 2D pieces: ~ ~C ! Number of 3D pieces: GI~. Average size of 3D pieces: ~i in sL> g APPLICATION MATERIALS: ^ Completed, signed Application ~ Acknowledgements Form ~^ Biography pf artist or informational statement regarding organization, no longer than one 8%i x 11" page; D A Letter of intent, describing; . . ^ a. Artist/Organization's vision for andlor theme of the proposed display; b. Number, dimensions, prices, and medium or media ukilized in the works to be displayed; c. Any publicity that the Artist/Organization plans to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed fQr display. ^ Up to five digital images of work representational of the artist's/organization's work on a CD, resolution of 300 dpi at a minimum size of 5x7", in . jpg format. Please name each image file with artist's Last name or organization name and the title of the work (e.g.: name.title.jpg). Materials submitted will not be returned. Damaged ornon- compliantCDs and/or images will not 6e considered. Images will not be accepted via a-mail. ^ $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. D{SPlAY INFORMATIQN: Initial Point Gallery is equipped with a track system for hanging two-dimensional artwork. Two-dimensional artwork will be hung from cables, using hooks, and therefore must be equipped with two D rina~s (fig. 1) on the side rails on the back of the frame (fig. 2). The inside of each D ring must allow a space of at least one-quarter inch ('l,") for insertion of the hooks; any wire constricting this space must be removed. The D rings should be approximately a quarter of the distance of the totat frame height from the top df the frame in order to avoid slanting away from the watt. Wires, eyehooks, and clip frames may not b~ used for hanging. initial Point Gallery also provides four display cases, each with different dimensions (fig. 3), far displaying three-dimensional artwork. Picture Hnnginp vrllh ilia Cn6tes FIG. 2. BACK OF FRAME i• 3._5. ! f //~ t •/ f ~~ F '~~-R.. r 2~--I! 9" ~• 'k^ FIG. 3.3D ART DISPLAY CASES FIG. 1. D RING ~~ ACKNOWLEDGME/NTS: ~ ~~ ~~/~~> ~ ~C~ I Qi' S/e ~ /'~-~r ~ h~ b k d l , , e y ac now e ge the following stipulations and agree that if this proposal is selected f or dis ay at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance gre A emen t between myself and the City of Meridian. I specifically acknowledge that: ..~~ ~~ss f~' A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance I"mA~ Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. B. If my work is selected for display in Initial point Gallery, the City of Meridian and its agents will INITIAL exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. ~~ C. NITIAL Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the artist. The City of Meridian shalt not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. ~ D. While artwork displayed in Initial Point Gallery may be passively offered for sale by means of an INI informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. E. While iC is intended that each exhibit in Initial Point Gallery will be displayed for aone- to two-month INITIAL period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. F. NITIAL The City may display the work of more than one artist or organization in Initial Point Gallery at any time, at the City's sole discretion. G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created INITIAL by the artist (or by artist members of the organization) submitting this application. H. Meridian City Nall is primarily a place of public business and Initial Point Gallery is a public place. The IN IAL do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions, Signature: Print name: ~~ ~'~~ Date: ~''l "' l3 To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Initial Point Gallery 33 East Broadway Avenue Meridian ID 83642 Thank you for your interest! ~~ Meridian Commission City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that . City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artistr and artwork meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. ~ Initial Point Gallery Application Gypsy Gallery Representing Gypsy Gallery: Zella Bardsley 4621 Patton Place, Boise ID 83704 208-378-1464 zellabardsleyCa~cableone. net Biography: Gypsy Gallery was founded in 2003 as a way for artists without gallery representation to get their art out to the public. Since that time, the gypsies have held pop up art shows approximately 4 times per year in various venues throughout Boise. There are 8-10 core members and other artists are invited to participate when the venue permits. Through the years, most gypsies have gained gallery representation and afl enjoy getting together to show. Current gypsies are: Marianne Konvalinka (founder) working in Mixed Media and Photography; Jenifer Gilliland (original member) working in Watercolor; Cherry Woodbury, working in Watercolor; Pam McKnight, working in Assemblage; Zella Bardsley, working in Mixed Metals and Mixed Media; Julie Clemons, working in Oil Sticks and Colored Pencil; and Kevin Flynn and Amber Day, both Ceramicists. n Initial Point Gallery Application Gypsy Gallery Representing Gypsy Gallery: Zella Bardsley 4621 Patton Place, Boise Ip 83704 208-378-1464 zellabardslevCa cableone net Letter of Intent: Gypsy Gallery artists have shown together for years, and while we work in a diverse variety of media and styles, overall our work is complementary of one another's pieces. We work well together as a team in presenting our art in a variety of venues, and feel that we as a team can make a cohesive exhibit in Initial Point Gallery. The eight of us generally divide the space equally and work together to hang shows. If accepted, we will meet at the gallery and discuss how much work to bring to appropriately fill the walls and cases. Marianne Konvalinka, Julie Clemons and I have worked on the Art Source Gallery hanging committee for years with good results. As we've hung together a long time, I see no particular challenges to hanging the artwork. We plan to send out press releases to the Idaho Statesman, Boise Weekly and Idaho Press Tribune (which in the past has been quite successful), also we will promote through our Gypsy Gallery facebook page, our individual websites, individual faceboolc pages, and area arts organization websites. We are also willing to send to any other venues the Meridian Arts Commission would suggest. Thank you far considering us, and please feel free to contact me with any questions. Sincerely; Zella Bardsley fo Gypsy Gallery /'\ W J ...i Q t/9 ~- t~ r ~ ~ ~ 'r ~' ~ ~ ~ ~ ,:. , c~ s, ~ `~ r ~ ~ ~ t . ,: ~~ f ~ +. ~ .Ii ;, ~ ~~ r' T ~,~• ,~~i ~ ~ ~ 1 1 ; y ~: 'pn P ~ ` ~~ ',; ` ~ ~~ ~ ' r y t , r~ ~~' r ~ ' ~ -? i , ~~ i _ ~ . i ' ,, ~ i yti ~ ~> y ', ~ y r- . __ ~` Meridian City Council Meeting DATE: January 21, 2014. ITEM NUMBER: 5K PROJECT NUMBER: ITEM TITLE: ACCEPTANCE AGREEMENT SHERRI K. YOUNG STEHLE Acceptance Agreement: Display of Artwork of Sherri K. Young Stehle in Initial Point Gallery from January 31 to February 28, 2014 MEETING NOTES r~/ GPPROVEQ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACT/ON DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ACCEPTANCE AGREEMENTS DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the ~_ day of ?,'~~~ , 2014 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Sherri K. young Stehle, an individual .person "Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking .proposals for the display of artwork in Initial Point Gallery, an.art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial :Point Gallery"), WHEREAS, in response. to the Call to Artists, Artist did submit a proposal, comprised ofthe materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on October 24, 201.3, the Meridian Arts Commission ("Commission") .reviewed the responses to the Call to Artists, selected Artist's work. for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; /-1 WHEREAS, at its regular meeting on December 10, 2013, the Meridian City Council adopted ouch recommendation and directed the Commission to work with .Artist to establish a display of Artist's artwork in Initial. Point Gallery; and WHEREAS, the Parties acknowledge that .Meridian City Hall is primarily a place of public business, that Initial Paint Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, .and visitors of diverse ages and'perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and .covenants herein contained, the Parties agree as follows; I. SCOPE OF SERVICES. Artist.. shall .personally deliver to Initial Point Gallery, on January 31 2014,. at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator, artwork which shall substantially conform to the description of such artwork. set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on January 31, 2014 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from January 31, .2014 to February 28, 2014, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on February 28, 2014, at 9:00 a.m., or at such time and date as is mutually /'1 :agreed upon by the Artist and the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE I II. COMPENSATION AND SALE OF ARTWORK. ~'1 A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such aI•twork maybe safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 /~ V. DISPLAY. A. Original artwork. Artist waI•rants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by AI•tist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation Gf City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public n display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period maybe shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 growing out of, or in any way connected with or incident to Artist's performance of this /'1 Agreement, whether such loss or damage maybe attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be 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 party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 4 VIII. GENERAL PROVISIONS. ~~ A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed bylaw. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: ACCEPTANCE AGREEMENT INITIAL PO1NT GALLERY DISPLAY PAGE 5 Artist: Sherri K. Young Stehle 60 N. Saratoga Ct. Nampa, ID 83687 208-442-4234 skystehle@gmail.com Gallery Curator: Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian ID $3642 (208) 887-6473 dwight5332@q.com City Emily Kane Deputy City Attorney 33 E, Broadway Ave. Meridian ID 83642 (208) 898-5506 ekane@meridiancity.org Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement. shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or .approval shall not be construed as proof of validity in the absence of Meridian City Council approval. ~~ IN IT~NE-SS WHEREOF, the parties hereto have executed this.Agreement on this day of ~~~Z~~C~~ x$1'3. ~...~a~van..~ , ~c~t +-~ ARTIST: r r/~ r""1 Sherri K. Young hle /VVJ_ CITY OF MERIDIAN: ~--~ Tammy d erd, Mayor 44°~ Au~L~z f (~~ X90 ti ~ Cfty of Attes . ~~/1't E IL)IAN~- ~ ~.~___-- -. ~' t IDAHO d, r w rrA~~~ ti Ja c e ,City erk '` ~P,J, Jrn`• ,fit ~~$QJ~ke FA~PS~a ACCEPTANCE ACIREEMENT ~1,` INIT[AL POINT VALt~ERY DISPLAY PACrE(a ~/ ~~ /~ Exhibit A /~ ~..'"' ~ Meridian Commission Call for Artists: 2014 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/orthree-dimensional artwork as part of the 2014 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space for hanging two- dimensional artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists voluntarily donate to MAC 20~ of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: Two-dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art; artwork on paper must be under glass or acrylic. Selectees must fill all or half of the gallery. Three- dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply biennially and if selected again, 7591; of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists' work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2014 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application It Acknowledgements form; ~t Biography of the artist or informational statement regarding organization; - Letter of intent; • Five (5) digital images representational of the works proposed for display, on a CD (for organizations, each image must be of a different artist's work); and • $35 gallery maintenance fee (nonrefundable). Details and forms are available at the City's website, http://www.meridiaricity.org or upon request. Limited assistance producing digital images may be available upon request. Materials submitted wilt not be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m, on Friday, October 18, 2013. SELECTION PROCESS: The selection of art for the 2014 Initial Point Gallery Series will be made by MAC. MAC wilt notify Selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian wilt provide selected artists/organizations with the following resources: • Volunteers to assist artist/organization with installing and removing each piece of artwork; • Track system for hanging 2D art and four enclosed pedestals for 3D art; • Space for artist information and/or an information board; and • Publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission Attn: 2014 Initial Point Gallery Series \ 33 East Broadway Avenue Meridian ID 83642 By a-mail: macC~meridiancity.or~ ~\ Exhibit B ~\ W F~ z O r W C/? ~; I ~ r ~ F-~~' 1,+. I ~ ~ ~~~" t' r + v~ i ,~~ ~ ~.:~ ~ }'.:. `~ "Q_\~~`. ~~~ _l _.._. ~. ~ Ifi""tx k ' s ~ r ~-_ -~ _~ L ;~ ~.~'. ~F 1 ti r., t14~ b ~ ~. i 1 z s 1' Y ~j~~ ~ .~ ,- ~ }} ~ 4Y ~, ~ xl~ r "'d'~4 ' i ,,, ~l ~' ' ~~ ,i ~~ .~ =~' ~ ~ -~ . ~ ,, ~_-- 5 ~ .J _ , i IS ~' 1 9., i ~_:,. i i `. I r ~ .max ~ ~ SL ~ ~; ~ '~,. ~~ _ ~; ~ ;~ :s ~ ~~ ~~. , t° ~ _ 1 t"~ , ' ~_ F ~h~ S ~y. ~ 3 r ,~ ;~: h . ~ 1 ~_ ~ FKy ~~ J _ •__.c ~.a.. _~ C Y = d " t7~~y rrr+r.~~.:.: ~ ..... ,. f? (~ f P ~r~ H ~,k ;~, v. ,.~,, . _ ^~ p~T-~:, ~~ f3 ~ ~ ~ ; _ y ~i ~~ ~~y3 =, t K~~ ; tom- ' -~ ' ~ ,~:~ :.w~ . ,~ FI h: ~r '{ l~: ~ : ~~l' !;} `tid . ~ ~' .3 ~. ~ , n i ~ f..~ Meridian .City Council Meeting DATE: January 21, 2014 ITEM NUMBER:. 5L .PROJECT NUMBER: ITEM TITLE: ACCEPTANCE AGREEMENT ART EXPRESSIONS Acceptance Agreement: Display of Artwork of Art Expressions in Initial Point Gallery from May 2 to May 30, 2014 MEETING NOTES u~ p~P~06`~G Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-NWLED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 'G \ day of Y\V a-~.~ 2014, ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Naomi Elton ("Organizer"), an behalf of Art Expressions "Organization"), an informally organized group of artists. WHEREAS, the City desires that public art will be a component of Meridian City Hall .and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, .Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Organizer did submit a proposal, .comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork inInitial Point Gallery; WHEREAS, on October 24, 2013, the Meridian Arts Commission ("Commission") reviewed. the responses to the Call to Artists, selected Organization's work for display based on the Proposal, and recommended to the Meridian City Council that Organization's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; n WHEREAS, at its regular meeting on December 10, 2013., the Meridian City Council adopted such recommendation and directed the Commission to work with Organization to establish a display of Organization's artwork in Initial Point Gallery.; and WHEREAS, the Parties acknowledge that:Meridian City Hall is primarily a place of public business, that Initial Point. Gallery is a public place, and that-while the City seeks to encourage artistic :expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcomeand comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration. of the mutual promises and covenants herein contained, the Parties agree as follows:. I. SCOPE OF SERVICES. Organizer shall personally deliver to Initial Point Gallery,. on May 2, 2014, at 9:00 a.m., or at such time and date as is mutuallyagreed-upon by the Organization and the Gallery: Curator, .artwork which shall. substantially conform to the description of such artwork set forth in Exhibit B hereto, Organizer shall be responsible for hanging such :artwork on May 2.,.2014 at the direction of the Gallery Curator; shall allow the display of such work. in Initial Point Gallery from May 2, 2014 to May 30, 2014, in accordance with the terms of this Agreement; and shall be responsible for n removal of such :artwork on May 30, 2014, at 9:00 a.m., or at such time and date as is mutually agreed upon by the Organizer and the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 1 ~~ II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Organizer shall display the artwork of Organization in Initial Point Gallely at the pleasure of the Meridian City Council. City shall not provide compensation to Organizer or Organization for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Organizer or Organization may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of artwork; any transaction related to the sale of artwork shall be handled solely by Organizer or Organization. Organizer acknowledges the Commission's request that Organization voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Organizer may remove such artwork from the Gallery, provided that Organizer replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Organizer shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE. r~ Organizer shall coordinate and/or provide the services described in this Agreement in a tlme y manner, as described herein. Organizer acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Organizer shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Organizer for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. ACCEPTANCE AGREEMENT PAGE 2 INITIAL POINT GALLERY DISPLAY ~~ V. DISPLAY. A. Original artwork. Organizer and Organization warrants that all artwork provided for display in Initial Point Gallery shall be, and is, original work conceived and created by members of Organization. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, the artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of names. Organizer hereby conveys to City permission to use Organization's and its members' names for purposes of advertising, marketing, and public information, without violation of Organization's or its members' rights of privacy or any other rights Organization or its members maypossess under this Agreement, provided that City shall not use Organization's logo(s), if any, for any purpose without the express, written permission of Organizer. D. Use of City's name. City hereby conveys to Organization permission to use City's name for pwposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that neither ~ Organizer nor its members shall use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. E. Removal of artwork by City. City shall have the right to remove artwork from public display at any time and for any reason. Such removal maybe temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty- eight (48) hours, City shall notify Organizer in the manner set forth herein. While it is intended that Organization's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period maybe shortened by City for any reason without notice. F. Removal of artwork by Organization. Organizer shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one artist or organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Organizer, Organization, and Organization's members, shall, and hereby do, /'~ 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 ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 ~ Organizer, Organization, Organization's members, or such parties' volunteers, servants, agents, employees, guests, and/or business invitees. B. Waiver. Organizer and Organization shall, and hereby do, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Organizer's or Organization's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance is Organization's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Organization or its members in the furtherance of the respective rights or obligations described herein. Insurance of the artwork; of the Organization's or its members' persons, property, or interests; and/or of the Organization's or its members' employees or agents shall be the sole responsibility of Organization. Organization or its members shall obtain all necessary insurance as maybe required in order to protect those parties' insurable interests for their rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Organization shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, ~ transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Organizer, Organization, or its members have 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 any Parry willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Organizer, Organization, or its members. C. Termination due to death or incapacity. This Agreement shall automatically terminate upon the death or incapacity of Organizer. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. ACCEPTANCE AGREEMENT PAGE 4 INITIAL POINT GALLERY DISPLAY VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Organizer, Organization, and Organization's members are independent parties and not employees, agents, joint venturers, or partners of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Organizer, Organization, or its members and City or between Organizer, Organization, or its members and any official, agent, or employee of City. Both panties acknowledge that neither Organizer, nor Organization, nor Organization's members are employees of City. Organizer, Organization, and Organization's members shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Organizer, Organization, and Organization's members shall comply with any and all applicable federal, state, and local laws. C. Non-discrimination. In fulfilling or exercising any right or obligation under this Agreement, neither Organizer nor Organization shall discriminate against any person as to race, creed, religion, sex, age, national ol7gin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. ~. 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. Ii. Successors and assigns. Organization shall not subcontract or assign any of Organization's obligations under this Agreement that require or that may require their artistic talent or expertise. Organization may subcontract or assign obligations that do not require artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. ACCEPTANCE AGREEMENT PAGE S INITIAL POINT GALLERY DISPLAY /''\ I. Notice. Any and all notice required to be provided by the. Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by TT__'1_.1 C7L•.4,... *.f..:i ...~.~«~nnn.a nn ~ Il~c~ro• V 111 {.V~i VF(LLVa) ~. wai, w Or anizer: Gape ..Curator: Ci Naomi Elton Dwi ht Williams Emir Kane Art Ex ressions Meridian Arts Commission De u Ci Attorne 2906 W. Val Vista 33 E. Broadwa Ave. 33 E. Broadwa Ave. Meridian ID 83642 Meridian, Idaho 83642 Meridian, Idaho 83642 208-855-0308 208 $87-6473 (208 898-5506 eltoncnak ahoo.com dwi ht5332 .com ekane meridiancit .or Any .party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. Warranty of authority. Organizer expressly warrants that, to the extent set forth herein, Organizer is duly authorized to act as the representative and agent of Organization and of each and all of its members. Organizer further warrants that Organizer is authorized to bind Organization and its members and principals to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Organization and its members and principals. K. City Council approval required. The validity of this Agreement shall be expressly n 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~ day of ~~~, 2014. I ORGANIZER:: ao Elton CI~'Y OF Ii~IERIDIAle1: BY: , 9 Tammy eerd, Mayor ~~° ~~ _ ~;n a, .~ Ja ee ,City F~T``R of tie T~FA~4~~~~ ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE fi ~'\ Exhibit A ~~ ~\ ~'~ Meridian ~ Commission Cal( for Artists: 2014 INI~'IAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2014 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space for hanging two- dimensional artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists voluntarily donate to MAC 20~ of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: Two-dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art; artwork on paper must be under glass or acrylic. Selectees must fill all or half of the gallery. Three- dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply biennially and if selected again, 75~ of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists' work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2014 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. Completed, signed Application & Acknowledgements form; Biography of the artist or informational statement regarding organization; Letter of intent; Five (5) digital images representational of the works proposed for display, on a CD (for organizations, each image must be of a different artist's work); and $35 gallery maintenance fee (nonrefundable). Details and forms are available at the City's website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. Materials submitted wilt not be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 18, 2013. SELECTION PROCESS: The selection of art for the 2014 Initial Point Gallery Series will be made by MAC. MAC will notify Selectees by letter sent U.S. Mail. (n evaluating eligible proposals, the following factors will be considered: Quality of work; Appropriateness of subject and concept for a functioning government workplace; Consistency with City policy and community values; and Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian wilt provide selected artists/organizations with the following resources: Volunteers to assist artist/organization with installing and removing each piece of artwork; Track system for hanging 2D art and four enclosed pedestals for 3D art; Space for artist information and/or an information board; and ~. Publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission Attn: 2014 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 By a-mail: macC~meridiancity.org ~~ Exhibit B /~ ~\ ~'\ ~-= - Meridian Commission Application ~ Acknow(ed~-ments: 201 1N1TfAL P®fNT GALLERY SERIES APPLICANT CONTACT INFORMATION Check one: ^ I am submitting this application as an individual. ~ ~~ ~' ~ _~~ ; ^ I am submitting this application for this organization: ~ ~~ t~l am submitting this application for an informal group: Applicant: i - Appiicant E-mail: C Q, cx_ Vl'? Mailing Address: s !~ ~ Z ' Physical Address: S(~:VYI N_ Applicant Phone: Day: Evening: Cell: APPLICATION OVERVIEW: ' Check alt that apply: CJ)/we propose to fill one half of Initial Point Gallery with two-dimensional artwork. 1/we propose to fill the entire Initial Point Gallery with two-dimensional artwork. ^ I/we propose to fill these dj~play cases with 3D artwork: ^ 24"Wx24"Dx42"H . t~"24"Wx24"Dx36"H ^ 24"Wx24"Dx30"H ^ 24"Wx24"Dx24"H Number of 2D pieces: 1~ d-e l ~ rJC ~ • GQ.(' )1_ Average size of 2D pieces: Number of 3D pieces:' -I~~ct-( Average size of 3D pieces: APPLICATION MATERIALS: ~~3~ CGS ^ Completed, signed Application R Acknowledgements Form. (Informal groups: each artist must sign separate form.) /'1 ^ Biography of artist or informational statement regarding organization, no longer.than one 8%z x 11" page; ^ A letter of intent, describing: a. Artist/Organization/Group's vision for and/or theme of the proposed display; b. Number, dimensions, prices, and medium or media utilized in the works to be displayed; c. Any publicity that the Artist/Organization/Group plans to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed for display. ^ Up to five digital images of work representational of the artist's/organization/group's work on a CD, resolution of 300 dpi at a minimum size of 5x7", in .jpg format. Please name each image file with organization name or artist's last name and the title of the work (e.g.: name.title.jpg). Materials submitted will not be returned. Damaged or non-compliant CDs and/or images will not be considered. Images wilt not be accepted via a-mail. ^ $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. DISPLAY INFORMATION: Initial Point Gallery is equipped with a track system for hanging two-dimensional artwork. Two-dimensional artwork will be hung from cables, using hooks, and therefore must be equipped with two D rings (fig. 1) on the side rails on the back of the frame (fig. 2). The inside of each D ring must allow a space of at least one-quarter inch (%") for insertion of the hooks; any wire constricting this space must be removed. The D rings should be approximately a quarter of,the distance of the total frame height from the top of the frame in order to avoid slanting away from the wall. Wires, eyehooks, and clip frames may not be used for hanging. Initial Point Gallery also provides four display cases, each with different dimensions (fig. 3), for displaying three-dimensional artwork. S S Picture Hanging :rith Frro Cablea FiG. 2. BACK OF FRAME _....~ _._s - _. _. .~--.: -- i ~ r f r ;-:~-' Y ~' FlG. 3.3D ART DISPLAY CASES FIG. 1. D RING /~ ART EXPRESSIONS INTENT AND INCLUSIONS OF OUR PROPOSAL Our intent is to promote ourselves as a group with a quality product. We will strive to show this through various shows and gallery opportunities. ._ CONTENTS Letter of intent with this table of contents Art Expressions statement Envelope with disc representing work by each of our members containing a check for $35.00 for entry fee Application and Biography of Arayna Howard Application and Biography of Linda Aman r"\ Application and Biography of Naomi Elton ^, /~ ART EXPRESSIONS STATEMENT 201 We are a group of artists who are dedicated to creating original works of art that express our artistic vision and reflect our inspirations. Art Expressions' mission is fio nurture our passion for art; To promote the artistic development of our members; To explore the possibilities of watercolor medium as a vehicle of artistic self expression; To include other mediums as our wish to learn more involves us and fio exhibit our work in the larger community. Our strategies to accomplish this includes meeting at least once a month to paint together, work'on projects, give and get critiques and support each other in our fives and art interests. We will schedule excursions to galleries and museums; Take trips into nature and relevant locations providing opportunities for gathering source materials; We will take or give classes and workshops to continue our education. Specific goals may vary but we plan to meet or exceed the goal of painting three large pieces and three small paintings per year. We are a serious group dedicated to the above goals but there are no requirements~to attend or participate in our painting sessions, classes, marketing venues or trips. One of our goals is to foster an atmosphere that will encourage our members to want to be actively involved with Art Expressions' efforts. Naomi Elton Arayna Howard Linda Aman n, ~~ (,. ILn~dl~ A~r~~r~ W~.~~ri ~~Il®rr ~r~~~~ ~~~ ~~~t~~~®n° ww~o~~m~~~.rc~~o~®rt~ ~.ur~~~.@~.~~.~~~~Q~c~~ Linda 1~man's watercolors iflfluminate flowers and other generally close°up subjects from photographs she captures. She uses exciting lines, shapes and rich mires of colors. She paints with emotion in an interpretive style, rather than photographic manner. Linda enjoys the manner in which water and pigment flow .across. the paper in expected and unexpected fashions, creating a loop that emanates only from e~vatex°color. l:,inda teaches watercolor classes in her local studflo in Star, the EColflege off Western Idaho and other art organizations in Idaho: She also travels each month to teach in ®regon and Washington. lC,inda's heart is with her students and leer teaching; else ~~ says 66I have a passion to teach art as much as I have a passion to paints I am energized lby helping artists gain the iganer satisfaction of painting and creating an orig~anal watercolor off their own. It has been exciting to see many of my students become professional artists and receive recognition for their art." ®ae off her students recently stated, 66When Linda teaches and demonstrates techniques, I get flt.99 Linda is an active member of the Idaho Watercolor society, Nampa .E~rt build, .art Expression and many other professional art groups. She has won numerous awards in the northwest for her watercolors and recently received third place in the Idaho Water-color Society for her painting 6GCaetus Eiossom", which is on tour throughout Idaho until the end of the year. ]der "Moss Ztose" watercolor was a recent commissioned painting from a heritage rose bush she photographed in Oregon. It now hangs in the historical Society in ~aalatin, ®regon. der art is in galleries, corporate offices and private collections. ~ . n Eor more information, regarding her art please contact her eta linda@amanarts.com or 2~g 2g5~0244 . ~\ ~`.'. ' . •~ lVl~ridi~t~ ~®I~i~issi®~ Ap~lic®~i®r~ ~ ~~~~®~rl~d~r~~~~sa ~®~~' d~~`~8~~ ~~8~`~' ~A~~~~~ ~~~~~~ ARTIST/oRGANIZ~R CoNYACT INFORMATION: Check one: D I am submitting this fo~~n as an individual artist. j~`I~atp subrraitting phis form on behalf of an ora~ni; Artist/Org. Name: Organizer name: E-mail address: !Nailing Address: Physical Address: Phone numbers: APPLICATION OVERVIEW: Check al! that apply: ^ I/we propose to fill ~1lwe propose to fill ^ I/we propose to fill ^ 24"Wx24"©x42» Number of 2D pieces: l3umber of 3D pieces: Average size of 2D pieces: Average size of 3D pieces: ~ICATION MATT=RIALS: Completed, signed Application ~ Acknowledgements Form .. /Bi. oaranhy of artist or inforrnationai statement regarding organization, no longer than one 81/ x 9 9" page; _ ~ A letter of intent, describing: a. Artist/Organization's vision for and/or theme of the proposed display; b. Number, dimensions, prices, and medium or media utilized in the works to 6e displayed; c. Any publicity that the Artist/Organization plans to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed for display. i!3/Up to five digital images of work representations( of the artist's/organization's work on a CD, resolution of 300 dpi at a minimum size of 5x7", in .jpg format. Please name each image fife with artist's last name or organization name and the title of the work (e.g.: name.Citle.jpg). Materials submitted wilt not be returned. Damaged or non- zompliant CDs and/or images will not•be considered. Images will not be accepted via a-mail. CY $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. DISPLAY INFORMATION: Initial Point Gallery is equipped with a track system for hanging two-dimensional artwork. Artwork displayed in the gallery will be hung from cables using hooks, and therefore must be equipped with one D ring on the back of the frame, or two D rings on the side rails on the back of the f rame, as illustrated below. The D-rings should be approximately a quarter of the distance of the total frame height from the top of the frame in order to avoid slanting away from the wall. Wires, eyehovks, and clip frames may not be used for hanging, and are not allowed. {nitial Point Gallery also provides four display cases, each with different dimensions, for displaying three-dimensional artwork. one half of Initial Point Gallery wifih two-dimensional artwork. the eniTre Initial Point Gallery with two-dimensional artwork. these display cases with 3D artwork: N ~ 24"Wx24"Dx36"H O 24"Wx24"Dx30"H ^ 24"Wx24"Dx24"H ~'~ ~Ct~bkiOW!°EDCM~i~TS: ~ ~ • a• » hereby acltnowiedge the following stipulations and agree that if this proposal is selec ed for display at Initial Point Gallery, such display shat! occur subject to these general tet~ns and conditions as , well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. t specifically acknowledge that: TaL A. Before my work will Ise displayed in tnitiat Point Gallery, i wit[ be required to enter into an Acceptance Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. • ~. NIT AL If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will exercise professional care in handling and securing alt artwork displayed fin [nitfia[ Point Gat[ery, but cannot and will not assume liability for any toss crr•damage. Ni r~a~ Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the artist. The City of McNdian shalt not provide insurance to cover lass, theft, or damage of artwork displayed in initial Point Gallery. D. •While artwork displayed in tnitiat Point Gallery maybe passively offered for sate 6y means of an informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. ~~ ~. >a White it is intended that each exhibit in Initial Point Gallery will be displayed for cone- to two-month period, this petiod maybe shortened by the City of Metdian for any reason, without notice to the artist or organization. ~~F. The City may display the work of more than one artist or organization in tnitiat Point Gallery at any time, at the City's sole discretion. • t's. rrl ` Artwork submitted for display in Initial Point Gallery must be original warms conceived and erected by the artist (or by attist members of the organization) submitting this application. n~~a~ i Meridian CityHall is primarily a place of public business and Initial Point Gallery is a public place. ?he City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Na[t is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. ! do acknowledge and understand each and alt of the foregoing stipulations and do agree to these general terms and conditions. Signature: ~~~... Print name• ~/.ti'~~I.~~t/ Date: •_[~~ /O ~2Q ~ To propose an exhibition in Initial Point Gallery, please submit this form, eompls~ted in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: initial Point.Gallery 33 Last Broadway Avenue Meridian !D 83642 Thank you for your interest! ~~ Naomi Elton 2906 West Val Vista, Meridian, Idaho 83642 Home (208j 855 0308 Cell (208j 484 9044 www.NaomiElton.com eltoncnakC~yahoo.com Landscapes, florals, still lifer, and architectural renderings decorate her studio while she contemplates each painting before she moves them out making roam for more new work. Peace and solitude found in nature are frequently depicted here. Vibrant color and subtle moods are used to take the viewer to places you can also visit. Naomi began painting in earnest when she retired from teaching in 2000. Her early work in oils gave her basic knowledge of color and design. By the time she started taking watercolor workshops from many of the most prominent watercolorists of our day she used what she was being taught along with the basic information learned earlier in oil painting. She admits to enjoying the camaraderie of fellow artists along with the intense instruction. Recent works incorporate the technique of pouring which requires more pre-planning and letting the color flow as it will. This unpredictability allows for excitement and spontaneity in her work. Naomi was born in Minnesota where she completed her degree at the university. She taught for 24 years while raising three daughters in Alaska. After retirement she and her husband moved to Idaho. Following the years she served as president of Alaska Watercolor Society she became active in the Idaho Society. Naomi has served as co-president of Idaho Watercolor Society where she has also planned programs for groups in Idaho and Alaska since the 1980's. There have been many awards and honors, the most recent of which is Juror's Choice in the 2010 Idaho Watercolor Society's Annual Statewide Show. At a recent demonstration of her techniques a fellow artist asked, "Do you just travel around and paint what you see?" Her response was, "Not nearly enough, but what you see is where 1 have been and hopefully there will be many more places you can go with me:' ~~ ,~:~, f r~0Pl~l®It1 ~®1'Y!i'111SS101'IF Applic~fi~n Ac~~Ot~l~d,~~~~fso 20'~~ IN~1°6AL P®G~~' ~AL~~RY S~R9~S ARi'iST/ORGANIZER CONTACT INF'Ot~MATION: Check one: ^ 1 am submitting this form as an individual artist. D I am submitting this form on behalf of an ~r~ani: Artist/Org. Name: Organizer name: E-mail address: Mailing Address: Physical Address: Phone numbers: APPLICATION OVERVIEW: Check alt that apply: d l/we propose to fill one half of Initial Point Gallery with two-dimensiona[ artwork. /we propose to fill the entire initial Point Gallery with two-dimensional artwork. i/we propose to fill these display cases with 3D artwork: ^ 24"Wx24"Dx42"H 0124"Wx24"Dx36"H D 24"Wx24"Dx30"H ©24"Wx24"DxZ4"H Number of 2D pieces: /~ . 1~ Average size of 2D pieces: /~ X ~.~ Number of 3D pieces; _ Average size of 3D pieces: AP LIGATION MATERIALS: Completed,. signed Application £~ Acknowledgements Form Bio h of artist or informational statement regarding organization, no longer than one li%z x 17 "page; ~~ • A letter of intent, describing: ~,.:.. ~ a. Artist/Organization's vision for and/or theme of the proposed display; b. Number, dimensions, prices, and medium or media utilized in the works to be displayed; c. Any publicity that fihe ArtistlOrganization plans to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed for display. I~ Up to five digital images of work representations[ of the artist's/organization's work on a CD, resolution of 300 dpi at a minimum size of 5x7", in .jpg format. Please name each image file with artist's last name ar organization name and the title of the work (e.g.: name.title.jpg). Materials submitted will not be returned. Damaged or non- compliant CDs and/or images wit! not be considered. Images wilt not be accepted via a-mail. (~ $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. DISPLAY INFORMATION: lnitiai Point Gallery is equipped with a track system for hanging two-dimensiona( artwork. Artwork displayed in the gallery will be hung from cables using hooks, and therefore must be equfpped with one D ring vn the back of the frame, or two D rings on the side rails on fihe back of the frame, as illustrated below. The D-rings should be approximately a quarter of the distance of the total frame height from the top of the frame in order to avoid slanting away from the wait. Wires, eyehooks, and clip frames may not be used for hanging, and are not allowed. Initial Point Gallery also provides four display cases, each with different dimensions, for displaying three-dimensiona[ artwork. ~~ ~ PlctuteHany@tgrddt '~ko Ca4lers • ~ ", I .. ! 1 ~ ryy~._~ t. .~{~ `{ •~ ~~} ~ti:iSf.+ye.a`.~ 1 1, ~ • tf fie `~ ~ y~ ~' . ~i y~ f s !,. ~ .. ~!. j i v,Ft. j .. .I ~ Z .tt.D,s ~! ~, "told®yill.E®GMEfdTS: ~•• • ~L~~ I ~ ,hereby acknowledge the following stiputaf:ions and agree that if this proposal is selected for display at initial Point Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other specific teens and conditions that shalt be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian, I spedfica[ly acknowledge that: ~° A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance "mn Agreement with the City of Meridian .establishing the specific terms and conditions of the display of the particular works displayed. ~. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will ' 'r L exercise professional care in handling and securing al! artwork displayed in Initial Paint Gallery, but cannot and wil! not assume liability for any loss or damage. C. Any insurance of the artwork displayed in Initial Paint Gallery shall be the sole responsibility of the ' mai. artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork ;displayed in Initial Point Gatlery. d~ ~ ®. While artwork displayed in Initial Point Gallery may be passively offered for sale by means of an 1 iT1AL informational table, board, or handout as provided or al[awed by the Cifiy of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. ~. While it is intended that each exhibit in initial Point Gatlery wilt be displayed for aone- to two-month '"' '• period, this period maybe shortened by the City of Meridian for any reason, without notice to the ~ _ artist or organization. ~_ 1=. The Gity may display the work of more than one artist or organization in Initial Point Gatlery at any "- time, at the City's sole discretion. ~?~, G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created ' " by fihe artist (or by artist members of the organization) submitting this application. ° H. Meridian City Hatt is primarily a' place of public business and Initial Point Gallery is a public place. The '"m ~ City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feet welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. do acknowledge and understand each and alt of the foregoing stipulations and do agree to these general terms and conditions. Signature: _~f~,~I~ ~ Print name: ~1~.1 date: ~~`~ 1 ~ T~~ I• To propose an e~xhibi~-ion in initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. malt, Yo: Meridian Arts Commission Attn: Initial Point Gatlery • • • 33 East Broadway Avenue • • Meridian It) 8364.2 • • • n Thank you for your interest! ~~ ~1~~ lIII(~'k~D o ~IIffi~ Artistry and creativity bring me joy, -- ~~-~-~~ satisfaction and fulfillment. I would ~-~ hope that I could convey these senses to _-... . others through. my art. Everywhere I ........ look I see a possible painting. I love to .. try and capture the different nuances :. ~ through the use of color and light, to communicate the magic of the moment and the beauty I find in ordinary places, people and. flaings around me. I work mainly from photos. I do considerable research so ~ that my paintings correctly reflect the subject I'm depicting. I consider myself an eclectic artist in that I like so many different subjects. At present, my artwork is mostly watercolor. kiowever, I have worked in oils, acrylic, pastels and collages. The spontaneity of wate~°color brings a certain challenge. Sometimes the happy accidents in creating with watercolor can exceed my expectations, bringing me great excitement. I consider the words of the well known artist 'Tom Lynch, "Art is a journey, not a destination", my. motto. I was born in Tacoma, ~lUashington and raised in Lewiston, Idaho until I was a teenager when we moved to Arizona (where my love of anything southwestern comes from). I aYn. a floral designer and in the past have owned and managed my own floral shop, My husband's job brought us to Idaho and it was like coming back home. I currently live in Eagle. I have always tried to learn and grow as an artist. Only in recent yeax°s ha~re I been able to truly focus on learx~.ing and growing artistically from fellow artists, books, magazines and workshops. I have been blessed to have the opportunity to travel to Europe on art tours with nationally known instructors. I have been juried into many shows and have won several awards. n I currently belong to the Idaho V(Tatercolor Society (I1Ji1S), of which I am a signature member, and the Nampa Acct Guild. ~~My work has been selected for the St. Luke's Christmas cards several times . - /~ /~ Iv~e~idi~n ~®~n~l~~si®~ AR~i IS5'!®RGA6~IY~1~ ~OIdTAC`I' 1~6FOi~Tlgl~: Check one: ^ I am submitting this form as an individual artist. I am submitting this form on behalf of an organization. Artist/qrg. name: Y~ ~ d~~G~/4. t~~ ~°~.~ ~'L l~ ]d ~ ~ l ~I~~ Qrganizer name: ' E-mail address: Mailing Address: Physical Address: Phone numbers: Day: ~,o Evening: .fY~ ~~' Cetl: ~°° 1. APPLICATION OVERVIEW: Check alt that apply: Q I/we propose to fill one half of Initial Point Gallery with two-dimensional artwork. 1/we propose to fill the entire Initial Point Gallery with two-dimensional artwork, /we propose to fill these display cases with 3D artwork: © 24"Wx24"Dx42"H Ll 24"Wx24"Dx36"H CI 24"Wx24"Dx30"H ©24"Wx24"Dx24"N Number of 2D pieces: Ie Average size of 2D pieces: / ~ yc ~ ~ Number of 3D pieces: Average size of 3D pieces: ,APPLBCATION MATERIALS: ~ Completed, signed Application & Acknowledgements f=arm Biography of artist or informational statement regarding organization, no longer than one g%a x 11"page; . A tekter of intent, describing: a. Artist/grganization'soision for and/or theme of the proposed display; b. Number, dimensions, prices, and medium or media utilized in the works to be displayed; c. Any publicity that the Artist/organization plans to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed for display. ~ Up to five digital images of work representational of the artist's/organization's work pn a CD, resolution of 30t) dpi at a minimum size of 5x7", in , jpg format. Please name each image file with artist's last name or organization name and the title of the work (e.g.: name.title.jpg). Materials submitted wilt not be returned. Damaged or non- compliant CDs and/or images will not be considered. Images will not be accepted via a-mail. ~7 $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. ®15PLAY INFORMATION: Initial Point Gallery is equipped with a track system for hanging two-dimensional artwork. Artwork displayed in the gallery will be hung from cables using hooks, and therefore must be equipped with one D ring on the back of the frame, or two D rings on the side rails on the back of the frame, as illustrated below. The D~rings should be approximately a quarter of the distance of the total frame height from the top of the frame in order to avoid slanting away from the wall. Wires, eyehooks, and clip frames may not be used for hanging, and are not allowed. Initial Point Gallery also provides four display cases, each with different dimensions, for disptaying three-dimensional artwork. /~\, / ~ I f /,~ (/ ~ ~, 3'-C' ZI, 2~ k- ''~aclzi~®WLBDGM~E~TB: ~~ `l ~ ~ ~'~ ~UJ~ ~ , hereby acknowledge the fallowing stipulations and agree that if this proposal is selected for display at fnitial~Point Gallery, such display shalt occur subject to these general terms and conditions, as wel6 as subject to other specific terms and conditions that shall beset forth in a separate, written Acceptance Agreeme/ynt between myself and the City of Meridian. I specifically acknowtedse that: As NIf A ~N®~iIAL I~~ i in ~' "' NINI ITtA~ N~ ffIAC '1~ . l~f ~" NfT aL iNRI L Before my work will be displayed in Initial Point Gallery, (will 6e required to enter into an Acceptance Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. B. If my work is selected For display in Initial Point Gallery, the City of Meridian and its agents wilt exercise professional Care in handling and securing all artwork displayed in tnitial Point Gallery, but cannot and wilt not assume liability for any lass or damage. C. Any insurance of the artwork displayed in tnitial Point Gallery shall be the cote responsibility of the~~ artist. The City of Meridian shat( not provide insurance to cover loss, theft, or damage of artwork displayed in tnitial Point Gallery. , fa. While artwork displayed in initial Point Gallery may be passively offered for sale by means of an informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in tnitial Paint Gallery may have a visible price tag. t:- While it is intended that each exhibit in tnitial Paint Gallery will 6e displayed for none- to two-month period, this period may be shortened by the City of Meridian for any reason, Without notice to the artist or organization. F. The City may display the work of more than one artist or organization in Initial Point Gallery at any time, at the City's sole discretion. • G. Artwork submitted for display in tnitial Point Gallery must be original works conceived and created by the artist (or by artist members of the organization] submitting this application. ~i. Meridian City t~Dall is primarily a place of public business and Initial Point Gallery is a public place. The City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Halt is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Cal! for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in tnitial Point Gallery. , I do ackndwtedge and understand each and alt of the foregoing stipulations and do agree to these general terms and conditions. ~j Signature: Print name: ~~ ~ ~N'~ 6 '° ~~ ~~ Date: ~ ~~ /~ ~~ To propose an exhibition in Iniiial tboint Gallery, please su6mi$ $his form, corinpte$ed in full, wI$h the required materials and fee, vIa U.S. mail, to: McHdian Arts Commission Attn: Initial Point Gallery • 33 hest Broadway Avenue Meridian ID 83642 Thantc you f®r your interes$! Z t/9 W W N ~ -- ~~ . _:~ f ~ ~~ ~~ ~~ ~ ~ i a ~ f, ~~ d \ -. ~ -., _ ~~ A V ~~,~.' ~ ~) - ,I ~'~~ i, ~. ~~ ~ 9 h ~'~ y ~.~- ,; h ;; f ~ ~ T ~J 3~~ `:'` ~ ~.. ~` t ~ ~ .%' >,. _ ~ +. i ~ ~- ~~ ~~ i 1 -'- r~ ~ ~ t ter. ~.}i. ~ ~.l l~ _:~ ~ ~ ~ 2..~ ~. - ~~ ~-~ ,C .~!~.~-, ~_~ ~ ~JI 1 `' f" ~ L'~`, ~ I' t _ ~ i i ~~ h ~~ ;~ ,-~, ~, ,~~-~ ,, ~~a ~ ~;~~. _- :~ ~:i~I ~~ ,~ L ,I + if 4 ;~ ".t :kk !I '$ -` ^L i~~` iT E ~t+, ~a' ~f i ~~ ~. t {1 ~ r t~~ `~ IJ i ~I 5 ~-' ~, ~~~~~~ i "~. ;'~ 4~ <a ~~ ~ ., -, ~ ,~ ~ X• s~ ~. i y ~J .' . S _.i ~ F, ,. I i fi~f r Meridian City Council Meeting DATE: January 21, 2014 ITEM NUMBER: 5M PROJECT NUMBER: ITEM TITLE: ACCEPTANCE. AGREEMENT THE NEW GROUP Acceptance Agreement: Display of Artwork of the New Group in Initial Point Gallery from May 30 to June 27, 2014 MEETING. NOTES ~i RP~RUVEa Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY.HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL~~POINT GALLERY, MERIDIAN CITY HALL.("Agreement") is made on the 21 day of -~-.,~„-` -, 2014, "Effective Date"), by and between the City of Meridian, a municipal corporation organized under the .laws of the State of Idaho ("City"), and Jack Hiatt ("Organizer"), on behalf of New Group ("Organization"), an informally organized group of artists. W)EiEREAS, the City desires that public art. will. be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached. hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"}; WHEREAS, in response to the Call to Artists, Organizer did submit a proposal, comprised of the .materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on October 24, 2013, the Meridian Arts Commission ("Commission") reviewed the responses to the Call. to Artists, selected Organization's work for display based on the Proposal, and recommended to the Meridian City Council that Organization's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on December 10, 20.13, the Meridian City Council adopted .such recommendation and directed the Conunission to work with Organization to establish a display of Organization's artwork in Initial Point Gallery; and WHEREAS, the Parties. acknowledge that. Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously.ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: L SCOPE OF SERVICES. Organizer shall personally deliver to Initial Point Gallery, on May 30, 2014, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Organization and the Gallery Curator, artwork .which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Organizer shall be responsible for hanging such artwork on May 30, 2014 at the direction of the Gallery Curator; shall allow the display of such work in Initial. Point Gallery from.May 30, 2014 to June 27, 2014, in accordance with the terms of this Agreement; and shall be responsible for /"1 removal. of such artwork on June 27, 2014, at 9:00 a.m., or at such time and date as is mutually agreed upon by the Organizer and the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 1 ~-~ II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Organizer shall display the artwork of Organization in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Organizer or Organization for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Organizer or Organization may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of artwork; any transaction related to the sale of artwork shall be handled solely by Organizer or Organization. Organizer acknowledges the Commission's request that Organization voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Organizer may remove such artwork from the Gallery, provided that Organizer replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Organizer shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE. ~ Organizer shall coordinate and/or provide the services described in this Agreement. in a timely manner, as described herein. Organizer acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perforrrr any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Organizer shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Organizer for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork maybe safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City n may require the immediate removal of such ar-lwork from Initial Point Gallery where such removal serves the best interest of the City. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 /~ V. DISPLAY. A. Original arwwor{. Organizer and Organization warrants that ali artwork provided for display in Initial Point Gallery shall be, and is, original work conceived and created by members of Organization. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, the artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of names. Organizer hereby conveys to City permission to use Organization's and its members' names for purposes of advertising, marketing, and public information, without violation of Organization's or its members' rights of privacy or any other rights Organization or its members may possess under this Agreement, provided that City shall not use Organization's logo(s), if any, for any purpose without the express, written permission of Organizer. D. Use of City's name. City hereby conveys to Organization permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that neither Organizer nor its members shall use City's logo for any purpose without the express, written ~ permission of the Mayor's Executive Assistant. E. Removal of artwork by City. City shall have the right to remove artwork from public display at any time and for any reason. Such removal maybe temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty- eight (48) hours, City shall notify Organizer in the manner set forth herein. While it is intended that Organization's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason without notice. F. Removal of artwork by Organization. Organizer shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one artist or organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the .Gallery Curator. VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Organizer, Organization, and Organization's members, shall, and hereby do, 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 .ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 ~ Organizer, Organization, Organization's members, or such parties' volunteers, servants, agents, employees, guests, and/or business invitees. B. Waiver. Organizer and Organization shall, and hereby do, waive any and all claims and recow•se against City, including the right of contribution for loss and damage to persons or propely arising from, growing out of, or in any way connected with or incident to Organizer's or Organization's performance of this Agreement, whether such loss or damage maybe attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance is Organization's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Organization or its members in the furtherance of the respective rights or obligations described herein. Insurance of the artwork; of the Organization's or its members' persons, property, or interests; and/or of the Organization's or its members' employees or agents shall be the sole responsibility of Organization. Organization or its members shall obtain all necessary insurance as maybe required in order to protect those parties' insurable interests for their rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Organization shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Organizer, Organization, or its members have 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 any Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Organizer, Organization, or its members. C. Termination due to death or incapacity. This Agreement shall automatically terminate upon the death or incapacity of Organizer. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be /'1 construed as a waiver of a breach of the same or any other provision hereof. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 4 VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Organizer, Organization, and Organization's members are independent parties and not employees, agents, joint venturers, or partners of City. Nothing in this Agreement shall be interpreted or conshued as creating or establishing the relationship of employer and employee between Organizer, Organization, or its members and City or between Organizer, Organization, or its members and any official, agent, or employee of City. Both parties acknowledge that neither Organizer, nor Organization, nor Organization's members are employees of City. Organizer, Organization, and Organization's members shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Organizer, Organization, and Organization's members shall comply with any and all applicable federal, state, and local laws. C. Non-discrimination. In fulfilling or exercising any right or obligation under this Agreement, neither Organizer nor Organization shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution ~, hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. II. Successors and assigns. Organization shall not subcontract or assign any of Organization's obligations under this Agreement that require or that may require their artistic talent or expertise. Organization may subcontract or assign obligations that do not require artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Or anizer: Galle Curator: Cit Jack Hiatt Dwi ht Williams Emil Kane New Grou Meridian Arts Commission De u Ci Attorne 1$39 E. Handel St. 33 E. Broadwa Ave. 33 E. Broadwa Ave. Meridian ID 83646 Meridian, .Idaho .83642 Meridian, Idaho .83642 208-853-2467 208 887-6473 208 898-5506 'whiattl mail.com dwi ht5332 .com ekane meridianci .or Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. Warranty of authority. Organizer expressly warrants that, to the extent set forth herein, Organizer is duly authorized to act as the representative and agent of Organization and of each and all of its members. Organizer further warrants that Organizer is authorized to bind Organization and its members and principals to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Organization and its members and principals. S,~ N WITNESS WHEREOF, the parties hereto have executed this Agreement on this•~f day of t , 2014. K. 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. ORG Jack OF MERIDIAN: 1 Tammy de erd, Mayor 90 ctyn~ W ~'~~AN*. Atte ~y SEgL ti J y e 1 ,City ., ~' 4a fae?RFAS~~£ Py ACCEPTANCE AGREEMENT INI'T'IAL POINT GALLERY DISPLAY PAGE 6 ~1 Exhibit A ~, Meridian ~ Commission Ca(( for Artists: 2014 INI~'IAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2014 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space for hanging two- dimensional artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: Two-dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art; artwork on paper must be under glass or acrylic. Selectees must fill all or half of the gallery. Three- dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply biennially and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists' work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2014 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. Completed, signed Application tt Acknowledgements form; • Biography of the artist or informational statement regarding organization; • Letter of intent; • Five (5) digital images representational of the works proposed for display, on a CD (for organizations, each image must be of a different artist's work); and • $35 gallery maintenance fee (nonrefundable). Details and forms are available at the City's website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. Materials submitted will not be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 18, 2013. SELECTION PROCESS: The selection of art for the 2014 Initial Point Gallery Series will be made by MAC. MAC will notify selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: • Quality of work; Appropriateness of subject and concept for a functioning government workplace; e Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: • Volunteers to assist artist/organization with installing and removing each piece of artwork; • Track system for hanging 2D art and four enclosed pedestals for 3D art; • Space for artist information and/or an information board; and Publicity of the exhibit through City contacts, local media, and other informational forums. ..ONTACT MAC: By mail: By a-mail: Meridian Arts Commission Attn: 2014 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 macC~meridiancity. org ~~ Exhibit B ~\ ~\ :~ tl r"~: Meridian Commission Application ~ Acknow(ed~rr~ents: 2014 INITIAL ~POIN~T GALLERY SERIES APPLICANT CONTACT INFORMATION Check one: ^ 1 am submitting this application as an individual. ^ 1 am submitting this application for this organization: , Ij~ I am submitting this application for an informal group: Applicant: Applicant E-mail: Mailing Address: Physical Address: Applicant Phone: Evening: Celt: APPLICATION OVERVIEW: Check all that apply: ^ I/we propose to fill one half of Initial Point Gallery with two-dimensional artwork. CSI/we propose to fill the entire Initial Point Gallery with two-dimensional artwork. ~Y•,. ^ I/we propose to fill these display cases with 3D artwork: '~:"'R.': ^ 24"Wx24"Dx42"H ^ 24"Wx24"Dx36"H ^ 24"Wx24"Dx30"H ^ 24"Wx24"Dx24"H Number of 2D pieces: ~Z ^Qr0 Average size of 2D pieces: Z,t~ x Z~ Number of 3D pieces: Average size of 3D pieces: APPLICATION MATERIALS: ^ Completed, signed Application R Acknowledgements Form. {Informal groups: each artist must sign separate form. ) ~ Biography of artist or informational statement regarding organization, no longer than one i3%z x 11 "page; A letter of intent, describing: a. Artist/Organization/Group's vision far and/or theme of the proposed display; b. Number, dimensions, prices, and medium or media utilized in the works to be displayed; c. Any publicity that the Artist/Organization/Group plans to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed for display. ^ Up to five digital images of work representational of the artist's/organization/group's work on a CD, resolution of 300 dpi at a minimum size of 5x7", in .jpg format. Please name each image file with organization name or artist's last name and the title of the work (e.g.: name.title.jpg). Materials submitted will not be returned. Damaged or non-compliant CDs and/or images will not be considered. Images will not be accepted via a-mail. ^ $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. DISPLAY INFORMATION: Initial Point Gallery is equipped with a track system for hanging two-dimensional artwork. Two-dimensional artwork will be hung from cables, using hooks, and therefore must be equipped with two D rings (fig. 1) on the side rails on the back of the frame (fig. 2). The inside of each D ring must allow a space of at least one-quarter inch (~/a") for insertion of the hooks; any wire constricting this space must be removed. The D rings should be approximately a quarter of the distance of the total frame height from the top of the frame in order to avoid slanting away from the wall. Wires, eyehooks, and clip frames may not be used for hanging. Initial Point Gallery also provides four display cases, each with different dimensions (fig. 3), for displaying three-dimensional artwork. FIG. 2. BACK OF FRAME j ( I I f. j lr ~ `'. ~ _ i ~ '~r. y .,/~~\. FIG. 3. 3D ART DISPLAY CASES ACKNOWLEDGMENTS: ~~~~ ~~~ ~, ,hereby acknowledge the following stipulations and agree that if this proposal is selected for display at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shalt beset forth in a separate, written Acceptance Agreement between myself and the City of Meridian. !specifically acknowledge that: A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance ~ ~ Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. B. if my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will ~ ~ exercise professional care in handling and securing alt artwork displayed in Initial Point Gallery, but cannot and will not•assume liability for any loss or damage. C. Any insurance of the artwork displayed in Initial Point Gallery shalt be the sole responsibility of the 1 ITIAI. artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. D. While artwork displayed in Initial Point Gallery may be passively offered for sale by means of an ~ ~ °` informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. E. While it is intended that each exhibit in Initial Point Gallery will be displayed for aone- to two-month •i nay period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. F. The City may display the work of more than one artist or organization in Initial Point Gallery at any .ia~ time, at the City's sole discretion. G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created I TIA by the artist (or by artist members of the organization) submitting this application. FI. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The I ITI L City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. / , /Z7~ LAC ~~`~ Signal _ Print name: '~/G Date: D ~~~" ~ / ~ To propose an exhibition in Initia! Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Initial Point Gallery 33 East Broadway Avenue Meridian ID 83642 ~~ Thank you~for your interest! ~~ .,r~ MeridianCommission ti /~ The `New Graup" consists of several artist friends who do not usually have enough framed work on hand to cover even half of the Initial Point Gallery. We have all been involved in various aspects of art for many years. Our entry is partly at the insistence of the gallery curator, Dwight Williams, who knows all of us. He knows our limitations in numbers of work ready for gallery showing. This method of entry will bring us together in away we might each show several good paintings rather than just one or two as with a larger organization. Therefore, if we are included in the 201~1~ schedule for the gallery our exhibit will include a mix of subjects and styles which will doubtless include work that covers everything from recognizable realism to abstraction. We are, Andrea Harris, Don Belts, Larry Boycl, Jack Hiatt and Hugh Mossmnn. We give The Meridian Arts Commission thanks for considering our ~, application and hope together we can bring a colorful and exciting exhibit to Initial Point Gallery. / ~_ "_;:~ (~ yep ~. I~ ~ 4 ~ {55 ! ;fS „~~~ ~t', _ y ~ S 'r& ~ `~v+ e '' • qq~ '~ ..t' i ~ ~~ W y ~ -f ~s, 1 ' ~ k ~ ~,yd k ~ ~ f ~ ~~ i ~ ~ ~ ~ Sr ~ ~ t `'d'~ . 1(1( ~ ~ ~I~I ., 1 y W Y a ~` cStt ~ J.~ ~ I~ ' y 7 L41 /~ - ~ 1 ,; 5 i ;( ' t' ~ _ ~ , r ,~, ~, ~ ~ r 'e ~~ ~{ ~;. ~'~~ ~~ ~'~ ~ l f ~ ~ k, i ~ ~ S ~ i~-r ` ~-` 4 r $ ~ tt} f Il F~~ ft ~ 7e . ~. . ~~ • ~ '. V~~ 1'• ~ 9. ~ ~~{`?~}{Y k 5 ' t'~3 j ~~'~'s 1 ~ 1 'FL~RTM1 i ~ . ee ~n ~ ~' ~ ~d '. ` ~~ t' ~ 5. h ' ~ , ' ~~~ ~ `•~ ~f ~ i ~ ' y~ ,~:3 . mss: ' , [u ~ ~ ~ EiI ' 1 f ".~ !b 1 D i ,~ ~ ~ ~ ~~ ~ I~, ~' ~ i ~ a ~ ~ ~ °. ~ ~ :~ i ~{~ ' \: r T~ _~ 1 ~ ~ ~ ~ ~ \ ~ -- -!~~`;~ i _~~ i ` r 5,j I I - --~~ - 't~ ~ ~,. ~ ~{~~ ~~/ •~ 'a r y r y ' `/~ f ~,:: r rte. r Meridian City Council Meeting DATE: January 21, 2014 ITEM NUMBER: 5N PROJECT NUMBER: ITEM TITLE: ACCEPTANCE AGREEMENT ANGELA KATHLEEN STOUT Acceptance Agreement: Display of Artwork of Angela Kathleen Stout in Initial Point Gallery from August 1 to August 29, 2014 MEETING NOTES ~ APPfl6dEU Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL:("Agreement") is made on the ~1 day of~0.Y, ~,~,~ , 2014 ("Effective Date"), by and between the City of Meridian, a municipal corporation organiz chi under the laws of the State of Idaho ("City"), and Angela .Kathleen Stout, an individual person ("Artist"}. (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and. to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial .Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"), WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), .for the display of artwork in Initial Point Gallery; WHEREAS, on October 24, 2013, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and. recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; n WHEREAS, at its regular meeting on.December 10, 2013, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives. feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and. sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on August 1, 2014, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist'and the Gallery Curator,. artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on August 1, 2014 at the. direction of the Gallery Curator; shall. allow the display of such work in Initial Point Gallery from August 1, .2014 to August 29, 2014, in accordance with the terms. of this Agreement; and shall be responsible for removal of such artwork on August 29, 2014, at 9:00 a,m., or at such time and date as is mutually agreed upon by the Artist and the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAX PAGE 1 II. COMPENSATION AND SALE OF ARTWORK. ~1 A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of ~ this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork maybe safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. /"\ ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 ~~ V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information.. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal maybe temporary or perrrlanent in . nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period maybe shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. n B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for lass and damage to persons or property arising from, ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be 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 party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 4 VIII. GENERAL PROVISIONS. ~~ A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or paI-tner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between AI.•tist and City or between AI•tist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, n interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any~provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, Legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: /"1 ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 !~ Artist: Angela Kathleen .Stout 7782 W. Grubstake Dr. Boise, lD 83709 208-353-9598 missangelaksQhotmail.com Gallery Curator: Dwight Williams Meridian Arks Commission 33 E. Broadway Ave. Meridian ID 83642 (208}887-6473 dv~ightS332Qq.com C Emily Kane Deputy City Attorney 33 E, Broadway Ave, .Meridian ID 83642 (208) 898-SSOb ekane~ a?meridiancity.arg Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly candi#ioned upon City Council action approving the Agreement. Execution of this A,greernent by the persons referenced below prior to such ratification ar approval shall not be construed as proof of validity in the absence of Meridian City Council approval. ~,~ IN WITNESS WAERE4F, the parties hereto have executed this Agreerrtent on this day of f 1 262'3, tit a ARTIST: ,' t~frla Klfth~leerf Stout I CITY OF MERIDIAI BY: Tammy de Attest: ~_ _ ;C7~- n ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGtr ~~ Exhibit A n n Meridian Commission Call for Artists: 2014 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2014 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Halt (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space for hanging two- dimensional artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sates of art displayed in Initial Point Gallery. ELIGIBILITY: Two-dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art; artwork on paper must be under glass or acrylic. Selectees must fill all or half of the gallery. Three- dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each. piece to be displayed will be evaluated for its compliance with these general requirements. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply biennially and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists' work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2014 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application 8 Acknowledgements form; ~, Biography of the artist or informational statement regarding organization; Letter of intent; • Five (5) digital images representational of the works proposed for display, on a CD (for organizations, each image must be of a different artist's work); and • $35 gallery maintenance fee (nonrefundable). Details and forms are available at the City's website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. Materials submitted will not be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 18, 2013. SELECTION PROCESS: The selection of art for the 2014 Initial Point Gallery Series wilt be made by MAC. MAC will notify Selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: • Volunteers to assist artist/organization with installing and removing each piece of artwork; • Track system for hanging 2D art and four enclosed pedestals for 3D art; • Space for artist information and/or an information board; and • Publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission ~,,,\ Attn: 2014 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 By a-mail: macC~meridiancity.or~ Exhibit B /'~ 0 Q J ,Wn V Z Q ~ ~ - / --~ 1 '/ // ;fJ ~~. ~A~y / ` ~ ~i/~1 i\! :~ i ~ ~ ~ `~: ~ ~ f ~, ! ~ ' ' - ~', ; ' f , y. ~ , ~` - 1 0 ,, r .. .._ C-~ / F~ l (~y~. \ ~ t^' ~i / I I ; ~~ /, / ~ -. ~ , ~ ~;~ ~ ~ ~ ~~ _- ~ ~i:,,~~ ~ ~~ `~~..,~ lei ~? ~ ;~ ' /~~ / .~ ~i ~~ ~~: `~ / ~ ~~ ; ~ ~ ~~~~, ~~ Meridian City Council Meeting DATE: January 21, 2014 ITEM NUMBER: 50 PROJECT NUMBER: ITEM TITLE: ACCEPTANCE AGREEMENT MARIANNE SOLBERG Acceptance Agreement: Display of Artwork of Marianne Solberg in Initial Point Gallery from August 1 to October 3, 2014 MEETING NOTES ~ APPROVED Community Item/Presentations. Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT. TO AGENCY SENT TO APPLICANT NOTES INITIALS ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY .HALL ("Agreement") is made on the ~ day of .~at`~~~, 2014 ("Effective Date"), by and between the City of Meridian, a municipal corporation orgamzed- under the laws of the State of Idaho {"City"), and Marianne Solberg, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Paint Gallery"); WHEREAS, in response to the Gall to .Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"}, for the display of artwork in Initial Point Gallery; WHEREAS, on October 24, 2013, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on December 10, 2013, the Meridian City Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: XLI. SCOPE OF SERVICES. Artist shall personally deliver to Initial Point Gallery, on August 1, 2014, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator, artwork: which shall substantially conform to the description of such. artwork set forth in Exhibit B hereto. Artist shall be responsible for installing such artwork on August 1, 2014 at the direction of the Gallery Curator; shall allow the display of such. work in Initial Point Gallery from August 1, 2014 to October 3, 2014, in accordance with the terms of this Agreement; .and shall be responsible far removal of such artwork on October 3, 2014, at 9:00 a,m., or at such time and date as is mutually agreed upon by the Artist and the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY D[SPLAY PAGE ~ n II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of n this Agreement. I'V. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork maybe safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 ~,~ V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived .and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. E. Removal of artworlc by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal maybe temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist.. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for Loss and damage to persons or property arising from, ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 growing out of, or in any way connected with or incident to Artist's performance of this ~ Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as maybe required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any tel~rrl 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 party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 4 VIII. GENERAL PROVISIONS. /~ A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local Laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, /~ interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severabitity. If any provision of this Agreement is found by a court of competent jurisdiction ' to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: n ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 Artist: Marianne Solberg 3650 N. Osprey Road Eagle, ID 83616 208-570-7124 marsolberg@gmai l.com Gallery Curator: Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian ID 83642 (208) 887-6473 dwight5332@q.com City Emily Kane Deputy City Attorney 33 E. Broadway Ave. Meridian ID $3642 (208) 898-5506 ekane@meridiancity.org Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this Eaday-- of ~ a , ~~ ~~ v a-~ ai ~ a~ t ~ _ ARTIST: ~''10~-~ c1''w"~-~~- `ail b n Marianne Solberg 1 CITY OF MERIDIAN: BY: Tammy derW~rd, Mayor ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY l9 ~ O~ a ~~ ~ w d~,rF~rF1 o f 7 Ae 'f.RE Pbv~~ ~ PAGE 5 Exhibit A ~ Meridian Commission Ca(it for Artists: 2014 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2014 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space for hanging two- dimensional artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: Two-dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art; artwork on paper must be under glass or acrylic. Selectees must fill all or half of the gallery. Three- dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements. Selectees wilt be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply biennially and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists' work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2014 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. ~ Completed, signed Application & Acknowledgements form; Biography of the artist or informational statement regarding organization; • Letter of intent; • Five (5) digital images representational of the works proposed for display, on a CD (for organizations, each image must be of a different artist's work); and • $35 gallery maintenance fee (nonrefundable). Details and forms are available at the City's website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. Materials submitted will not be returned. DEADLINE: Alf proposals must be received by MAC by 5:00 p.m. on Friday, October 18, 2013. SELECTION PROCESS: The selection of art for the 2014 Initial Point Gallery Series will be made by MAC. MAC will notify Selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: • Volunteers to assist artist/organization with installing and removing each piece of artwork; • Track system for hanging 2D art and four enclosed pedestals for 3D art; • Space for artist information and/or an information board; and • Publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission n Attn: 2014 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 By a-mail: mac@meridiancity.or~ ~1 i"'\ Exhibit B ~\ ~\ Meridian Commission Application ft Acknowted~ments: 2014 INITIAL POINT GALLERY SERIES APPLICANT CONTACT INFORMATION Check one: )~ I am submitting this application as an individual. ^ I am submitting this application for this organization: ^ I am submitting this application for an informal grouf Applicant: Applicant E-mail: Mailing Address: Physical Address: Applicant Phone: f.~-mar-s a I n-~ cu w~ct~. t , c~~1•~ ~G So ti 9 os ~a ~~~~~ t_ E, c b 8 3 6 c 6 s Lt Day: ''~~ Evening: -~- Cell: 2 e `t3 ~ ~' ~- o ~-1 Z, 4 APPLICATION OVERVIEW: Check all that apply: ^ I/we propose to fill one half of Initial Point Gallery with two-dimensional artwork. ^ I/we propose to fill the entire Initial Point Gallery with two-dimensional artwork. I/we propose to fill these display cases with 3D artwork: ~24"Wx24"Dx42"H ,L~24"Wx24"Dx36"H ~ft`124"Wx24"Dx30"H ~24"Wx24"Dx24"H Number of 2D pieces: Average size of 2D pieces: Number of 3D pieces: , ~ ~.b a~-~.~~eS Average size of 3D pieces: ~-r` D x ~ r+ APPLICATION MATERIALS: Completed, signed Application ft Acknowledgements Form. (Informal groups: each artist must sign separate form.) Biography of artist or informational statement regarding organization, no longer than one 8%x x 11"page; A letter of intent, describing: a. Artist/Organization/Group's vision for and/or theme of the proposed display; b. Number, dimensions, prices, and medium or media utilized in the works to be displayed; c. Any publicity that the Artist/Organization/Group plans to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed for display. ~( Up to five digital images of work representational of the artist's/organization/group's work on a CD, resolution of 300 dpi at a minimum size of 5x7", in .jpg format. Please name each image file with organization name or artist's last name and the title of the work (e.g.: name.title.jpg). Materials submitted will not be returned. Damaged or non-compliant CDs and/or images will not be considered. Images wilt not be accepted via a-mail. ~ $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. DISPLAY INFORMATION: Initial Point Gallery is equipped with a track system for hanging two-dimensional artwork. Two-dimensional artwork will be hung from cables,.using hooks, and therefore must be equipped with two D rings (fig. 1) on the side rails on the back of the frame (fig. 2). The inside of each D ring must allow a space of at least one-quarter inch (%") for insertion of the hooks; any wire constricting this space must be removed. The D rings should be approximately a quarter of the distance of the total frame height from the top of the frame in order to avoid slanting away from the wall. Wires, eyehooks, and clip frames may not be used for hanging. Initial Point Gallery also provides four display cases, each with different dimensions (fig. 3), for displaying three-dimensional artwork. Picture Hanfltng with Two Cabiea FIG. 2. BACK OF FRAME i ~ r // s. ~JJ/ ?~ a- ~i , ~~ If ~ .I - ~ } F /Y I ` 3'-r.'. -i 2 4- I ~ `F~~ .a. ~ ,~; I „'fir :~, - FIG. 3. 3D ART DISPLAY CASES Ma ~i a-~ ~.~e, So I b.e.~ n MERIDIAN ARTS COMMISION 2014 INITIAL POINT GALLERY SERIES A. I would like to show 8 free blown glass pieces from two series of mine, one called "Ringleik" the other "Beans". "Ringleik" is a centuries old Scandinavian tradition were children dance in a circle. This tradition is still very much used today and is a large part of my childhood memories in Norway. "Ringleik",which means "dancing in circles", is my inspiration for this series of free blown glass pieces. To create the dancing pattern of circles, I use a technique of "painting" with the hot glass. The colored glass is my canvas and the clear glass is the paint, creating playful and transparent designs. "Beans" are inspired by the endlessly intriguing and beautiful forms in nature, this time coffee beans. The little beans are premade hot by hand. n My work is functional and decorative based on the rich Scandinavian design tradition. My pieces are free blown, each and every one uniquely shaped by hand. I have a deep respect and affection for the craft, the ancient process of glassblowing, the movement, the feeling.... Form, simplicity, texture, transparency, pattern and color are all intriguing concepts that I continue to explore. B. 1. "Beans", round free blown glass vase, sandblasted and polished. 6.5"D,6"H. $275 2. "Beans", teardrop shaped free blown glass vase, sandblasted and polished. 7" W, 8.5 H. $ 300 3. "Ringleik", round free blown glass vase, aqua, sandblasted and polished. 7"D,7'.'H. $300 4. "Ringleik", round free blown glass vase, citrus, sandblasted and polished. 7.5" D,7" H. $ 300 5. "Ringleik", free blown glass bowl, citrus, sandblasted and polished. 9" D, 6" H. $ 300 6. "Ringleik", free blown glass bowl, aqua, sandblasted' and polished. 11" D, 7" H. $375 7. "Ringleik", free blown glass bowl, citrus, sandblasted and polished. 10.5" D, 7.5" H. $375 8. "Ringleik", free blown glass bowl, dark grey, sandblasted and polished. 9.5" D, 6" H. $300 ^` Marianne Solberg ' 3650 North Osprey Road • Eagle,ID83616 Born in Norway 1969 Education: . 1995 Master class with Lino Tagliapietra, Pratt Fine Art Center, Seattle, U.S.A. 1993-95 Apprentice to master glassblowers Jan Erik Ritzman and Sven eke Carlsson, Transjo Hytta, Sweden. ' 1989-91 Kosta Glass School, Sweden. Other professional experience: 1998 T.A. for Jan Erik Ritzman and Josiah McElheny,Pilchuck Glass School, Seattle , U.S.A. T.A. for Sonja Blomdahl and Dick Weiss,Haystaek Mountain School of Crafts, n Maine, U.S.A. • 1996 T.A. for Jan Erik Ritzman and David Levi, Haystack Mountain School of Crafts,•Maine, U.S.A. 1995-98 glassblower at IBEX GLASS,.David Levi, Seattle, U.S.A. 1994 T.A. for Josiah McElheny, Pilchuck Glass School, Seattle, U.S.A. .1991-93 glassblower at fors Glass Factory, Kosta Boda, Sweden. 1998-99 ~ • Selected exhibitions: 1999 "The Nordic Spirit", Glasmuseet, Ebeitoft, Denmark 1998 "TransjS i v~rlden", Nordiska Kristall Magasinet, Stockholm, Sweden. 1997 "First Annual Whidbey Island Glass Show", Museo, Whidbey Island, U.S.A. 1997 "Goblet Show",.Museo, Whidbey Island, U.S.A. . 1997 "Transjt3 i vdrlden", Vdxjti Museum, Sweden. 1995 "1995 Pilchuck Glass Exhibition", Sea-Tac Airport, Seattle, U.S.A. ACKNOWLEDGMENTS: ~ M ~1 f4~ N N l~ ~ C L b ~?ZC~, hereby acknowledge the following stipulations and agree that if this proposal is selected for display at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance INITIAL Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. ~~ B. If my work is selected for display in initial Point Gallery, the City of Meridian and its agents will INTIAL exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. f''t ~ C. Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the "Ii rIA~ artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. Nts D. While artwork displayed in Initial Point Gallery may be passively offered for sale by means of an INITIAL informational table, board, or handout as provided or allowed by the City of Meridian, no piece //'~ displayed in Initial Point Gallery may have a visible price tag. ~7 E. While it is intended that each exhibit in Initial Point Gallery will be displayed for aone- to two-month INITIAL period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. ~S F. The City may display the work of more than one artist or organization in Initial Point Gallery at any AL time, at the City's sole discretion. ~S G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created INITIAL by the artist (or by artist members of the organization) submitting this application. ~~ H. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The INITIAL City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Halt is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shat[ be displayed in Initial Point Gallery. 1 do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. Signature: !'~v~ ~~vvv~-~ ~ .~-~{ Print name: N( ~- (~iV i~.1 ~ S (5 t--.I~ t~~-l Date: ~ b • (ro • ~ ~ (`~ To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Initial Point Gallery 33 East Broadway Avenue Meridian ID 83642 Thank you for your interest! Meridian Commission ,~ .-:~ ~~ ~ -~._ ~~ ,_, :Y' ~:~'..`] r.-_~J _~ Meridian City Council Meeting DATE: January 21, 2014. ITEM NUMBER: 5P PROJECT NUMBER: ITEM TITLE: ACCEPTANCE AGREEMENT LAUREL LAKE MCGUIRE Acceptance Agreement: Display of Artwork of Laurel Lake McGuire in Initial Point Gallery from August 29 to October 3, 2014 MEETING NOTES ~~A~~w r.' ~ ~>': Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-AAAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the ~ day of ~~~Y_~, 2014 ("Effective Date"), by and between the City ofMeridian, amunicipal corporation organized under the laws of the State of Idaho ("City"), and Laurel Lake McGuire, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires #hat public art will be a component of Meridian City Hall .and to that end, the Meridian Arts Commission issued the Call to Artists attached. hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of .Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point .Gallery"); WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials .attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on October 24, 2013, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in .Initial Point Gallery; n WHEREAS, at its regular meeting on December 10, 2013, the Meridian City Council adopted such .recommendation .and directed the Commission to work with .Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City :Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties .agree as follows: I. SCOPE. OF SERVICES. :Artist shall personally deliver to Initial Point Gallery, on August 29, 2014, at 9:00 a.m., or at such. time and date as is mutually agreed-upon. by the Artist and the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit ~ hereto, Artist shall be responsible for hanging such artwork on .August 29, 2014 at the direction of the Gallery Curator; shall allow the display of such work in Initial Paint Gallery from August 29, 2014 to October 3, 2014, in accordance with the. terms of this Agreement; and shall be responsible for removal of such artwork on C)ctober 3, 2014, at 9:00 a.m., or at such time and date as is mutually agreed upon by n the Artist and the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 1 II. COMPENSATION AND SALE OF ARTWORK. ~\ A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (24%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all cl7teria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 V. DISPLAY. /~, A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public infoi7nation, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any pulpose without the express, written perrission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public ~ display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period maybe shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 growing out of, or in any way connected with or incident to Artist's performance of this ~ Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as maybe required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and ali risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be 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 party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 4 VIII. GENERAL, PROVISIONS. ~\ A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, n interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 Artist: ~ Laurel Lake McGuire 14458 W. Meadow Creek Dr. Boise, ID 8371.3 262-748-3307 laurellakemcguire@gmail.com Gallery Curator: Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian ID 83642 (208) 887-6473 dwight5332@q.com City Emily Kane Deputy City Attorney 33 E. Broadway Ave. Meridian ID 83642 (208) 898-5506 ekane@meridiancity.org Any party may change its. respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons .referenced below .prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. ~~ IN WITNESSHEREOF, the parties hereto have executed this Agreement on this day of ~`~ , 201 n ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 6 ~\ Exhibit A ~\ ~\ ~., Meridian Commission Cal( for Artists: 2014 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/orthree-dimensional artwork as part of the 2014 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space for hanging two- dimensional artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: Two-dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art; artwork on paper must be under glass or acrylic. Selectees must fill all or half of the gallery. Three- dimensionalworks may be of any medium, but must fit within the four supplied display cases. No artwork wilt be displayed which: cannot be safely hung or displayed using the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply biennially and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists' work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2014 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application & Acknowledgements form; /"\ Biography of the artist or informational statement regarding organization; Letter of intent; • Five (5) digital images representational of the works proposed for display, on a CD (for organizations, each image must be of a different artist's work); and • $35 gallery maintenance fee {nonrefundable). Details and forms are available at the City's website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. Materials submitted will not be returned. DEADLINE: Al( proposals must be received by MAC by 5:00 p.m. on Friday, October 18, 2013. SELECTION PROCESS: The selection of art for the 2014 Initial Point Gallery Series will be made by MAC. MAC will notify Selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: • Volunteers to assist artist/organization with installing and removing each piece of artwork; • Track system for hanging 2D art and four enclosed pedestals for 3D art; • Space for artist information and/bran information board; and • Publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission n Attn: 2014 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 By a-mail: macC~meridiancity.orQ i"~ ~\ Exhibit 6 ~\ W ~' ~J W '~ ...1 ~1 W ~1 r~,._. . - ., `~; P ~ ~ Y • , . ~}; i : ~ s ,,, ,:. ,1~ ~:; ,a ~1. , a _ „ ~~~ ,,_ ~ ' ; ~ ~- I~: ~ "' h r : ' 'k. ~ , i ; 1 ~ t i~ ~ ~;t ; __ _ fV' 2a..-: ~~:x~ ~- 4 ~. ~ ~ r V~ ~~" ~ ; ~' °~~~~; ~P ~ , ~~ ,. -.`tlii ~ -.. ,.. ;p ~` -: ti 't `~ . ~ , ,~^ r ` :.. ,. ~., ~~ ~;:~ 1 ~;! 4''q } ]• ~~ r r ~ ~ { I ~~, ~ ~~ yc ~ ~I ~~ _ id Meridian City Council Meeting DATE: January 21, 2014 ITEM NUMBER: 5Q PROJECT NUMBER: ITEM TITLE: .ACCEPTANCE AGREEMENT IDAHO WATERCOLOR Acceptance Agreement: Display of Artwork of Idaho Watercolor Society in Initial Point Gallery from October 3 to October 31, 2014 MEETING NOTES ~~-: ~~- ~. ~ ~a Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~ ACCEPTANCE AGREEMENT. DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the -at day of 2014, {"Effective Date"), by and between the City of Meridian, a municipal corporation organized u r the laws of the State of Idaho ("City"), and Naomi Elton ("Organizer"), on behalf of Idaho Watercolor Society,. Southwest .Region ("Organization"), a nonprofit corporation organzied under the laws of the .State ofIdaho. WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking ..proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Organizer did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on October 24, 2013, the Meridian Arts Commission ("Commission") reviewed the responses to the Call. to Artists, selected Organization's work for display based on the Proposal, and recommended to the Meridian City Council that Organization's artwork, as depicted in the Proposal, be displayed in Initial :Paint Gallery; WHEREAS, at :its regular meeting on December 10, 2013, the Meridian City Council adopted such recommendation and directed the Commission to work with Organization to establish a display of Organization's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that. Initial. Point Gahery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, :and visitors of diverse ages and perspectives feel welcome. and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which. is hereby acknowledged and agreed, and inconsideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Organizer shall personally deliver to Initial .Point Gallery, on October 3, 2014, at :9:00 a.m., or at such time. and date as is mutually agreed-upon by the Organization and the. Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Organizer shall be responsible for hanging such artwork on October 3, 2014 at the direction of the Gallery Curator; shall :allow the display of such work in :Initial Point Gallery from .October 3, 2014 ~ to October 3 1, 2014, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on October 31, 2014, at 9:00 am., or at such time and date as is mutually agreed upon by the Organizer and the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 1 ~\ II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Organizer shall display the artwork of Organization in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Organizer or Organization for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Organizer or Organization may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of artwork; any transaction related to the sale of artwork shall be handled solely by Organizer or Organization. Organizer acknowledges the Commission's request that Organization voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Organizer may remove such artwork from the Gallery, provided that Organizer replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Organizer shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. ~~ IILTIME OF PERFORMANCE. Organizer shall coordinate and/or provide the services described in this Agreement in a timely manner, as described herein. Organizer acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Organizer shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Organizer for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate ~ removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY I31SPLAY PAGE 2 ~\ V. DISPLAY. A. Original artwork. Organizer and Organization warrants that all artwork provided for display in Initial Point Gallery shall be, and is, original work conceived and created by members of Organization. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, the artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of names. Organizer hereby conveys to City pei7nission to use Organization's and its members' names for purposes of advertising, marketing, and public information, without violation of Organization's or its members' rights of privacy or any other rights Organization or its members may possess under this Agreement, provided that City shall not use Organization's logo(s), if any, for any purpose without the express, written permission of Organizer. D. Use of City's name. City hereby conveys to Organization permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that neither Organizer nor its members shall use City's logo for any purpose without the express, written n permission of the Mayor's Executive Assistant. E. Removal of artwork by City. City shall have the right to remove artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty- eight (48) hours, City shall notify Organizer in the manner set forth herein. While it is intended that Organization's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period maybe shortened by City for any reason without notice. F. Removal of artwork by Organization. Organizer shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one artist or organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Organizer, Organization, and Organization's members, shall, and hereby do, 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 ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 Organizer, Organization, Organization's members, or such parties' volunteers, servants, agents, employees, guests, and/or business invitees. B. Waiver. Organizer and Organization shall, and hereby do, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Organizer's or Organization's performance of this Agreement, whether such loss or damage maybe attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance is Organization's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Organization or its members in the furtherance of the respective rights or obligations described herein. Insurance of the artwork; of the Organization's or its members' persons, property, or interests; and/or of the Organization's or its members' employees or agents shall be the sole responsibility of Organization. Organization or its members shall obtain all necessary insurance as may be required in order to protect those parties' insurable interests for their rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Organization shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Organizer, Organization, or its members have 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 any Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the tel7rlinating parry. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Organizer, Organization, or its members. C. Termination due to death or incapacity. This Agreement shall automatically terminate upon the death or incapacity of Organizer. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 4 VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Organizer, Organization, and Organization's members are independent parties and not employees, agents, joint venturers, or partners of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Organizer, Organization, or its members and City or between Organizer, Organization, or its members and any official, agent, or employee of City. Both parties acknowledge that neither Organizer, nor Organization, nor Organization's members are employees of City. Organizer, Organization, and Organization's members shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Organizer, Organization, and Organization's members shall comply with any and all applicable federal, state, and local laws. C. Non-discrimination. In fulfilling or exercising any right or obligation under this Agreement, neither Organizer nor Organization shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The teams of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed bylaw. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. II. Successors and assigns. Organization shall not subcontract or assign any of Organization's obligations under this Agreement that require or that may require their artistic talent or expertise. Organization may subcontract or assign obligations that do not require artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 /'1 I. Notice. Any .and all notice required to be provided by the Parties hereto, unless. otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing. by rT__.._a C~a..a.... l-if..;t raawn~~oa n~+ fnlTn~sm• Or anizer: Galle Curator: C Naomi Elton Dwi ht Williams Emil .Kane Idaho Watercolor Society, ' Southwest Re ion Meridian Arts Commission Deputy City Attorney 2906 W, Val Vista 33 E. Broadwa Ave. 33 E Broadwa Ave.. Meridian ID 83642 Meridian, Idaho .83642 Meridian, Idaho 83642 208-.855-0308 208 887-6473 208. 89&5506 eltoncnak ahoo.com dwi ht5332 .com ekane meridianci .or Any party .may change its respective address for the purpose ofthis paragraph by giving written notice of such change in the manner herein provided. J. Warranty of authority. Organizer expressly warrants that, to the extent set forth herein, Organizer is duly authorized to act as the representative and agent of Organization and of each and all of its members. Organizer .:further warrants that Organizer is authorized to bind Organization and its members and principals to the .obligations set forth herein, and to accept the liabilities as established herein on behalf of Organization .and its members and principals. K. 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this a~ day of ,~a, 20 4. ORGANIZER: ~~~ ~' Naomi Elton CITY OF BY: ,~~ nucusr Tammy de rd, Mayor~ - o~fl~ 1,9~ j ~ ~ 11T~Z~ ~' Atte _ ~t' = t '° A"° ~. ~ c e of ,City ~~, ~F~ ~~ `~~r~~ ar :t. ta~s.~`'~~ ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE /~ Exhibit A ~1 ~\ /~ Meridian ~ Commission Ca(t for Artists: 2014 INI~'IAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2014 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space for hanging two- dimensional artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists voluntarily donate to MAC 20~ of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: Two-dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art; artwork on paper must be under glass or acrylic. Selectees must fill all or half of the gallery. Three- dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safety hung or displayed using the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply biennially and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists' work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2014 Initial Point Gallery Series must provide the following Materials and information to MAC in order to be considered for selection. Completed, signed Application it Acknowledgements form; Biography of the artist or informational statement regarding organization; • Letter of intent; • Five (5) digital images representational of the works proposed for display, on a CD (for organizations, each image must be of a different artist's work); and $35 gallery maintenance fee (nonrefundable). Details and forms are available at the City's website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. Materials submitted will not be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 18, 2013. SELECTION PROCESS: The selection of art for the 2014 Initial Point Gallery Series wilt be made by MAC. MAC will notify Selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: Quality of work; Appropriateness of subject and concept for a functioning government workplace; Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: • Volunteers to assist artist/organization with installing and removing each piece of artwork; • Track system for hanging 2D art and four enclosed pedestals for 3D art; Space for artist information and/or an information board; and ~"\ Publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission Attn: 2014 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 By a-mail: mac@meridiancity.org ~'\ Exhibit B Mel-i fission Application ~ Acknowledgments: 2014 INITIAL POINT GALLERY SERIES APPLICANT CONTACT INFORMATION Check one: ^ I am submitting this application as an individual. rt ~~ ~J~(~ ar,~ ~7 E•d'I am submitting this application for this organization:.~~ WCZI~C"(f /'('3~Dlf~DC. ~ Wr. ~1Q~ %oz ^ t am submitting this application for an informal group: Applicant: ~~"'''"^ ^ ' ~ i ^~'~ ~ Applicant E-mail: Mailing Address: Physical Address: Applicant Phone: APPLICATION OVERVIEW: Check all that apply: ^ ~/we propose to fill one half of Initial Point Gallery with two-dimensional artwork. I/we propose to fill the entire Initial Point Gallery with two-dimensional artwork. (,{) b l~ 1.L5'~ ^ I/we propose to fill these di}~lay cases with 3D artwor{c: 61rt1(' C9C2JY2 ~Vt ~ (~ C~ 15th ^ 24"Wx24"Dx42"H ®'24"Wx24"Dx36"H ^ 24"Wx24"Dx30"H ^ 24"Wx24"Dx24"H Number of 2D pieces: ~'rc~irn 6 ~ ~ ~ ~ Average size of 2D pieces: Number of 3D pieces:. Average size of 3D pieces; APPLICATION MATERIALS: 2XC~~~'~c~ (~ n ~ ~~ e GP ~ ~ ^ Completed, signed Application li: Acknowledgements Form. (Informal groups: each artist mu t sign separate form.) r~ I S /'\ ^ Biography of artist or informational statement regarding organization, no longer than one 8~/z x 11"page; 1~~-C ~ ^ A letter of intent, describing: ~~~~, a. Artist/Organization/Group's vision for and/or theme of the proposed display; b. Number, dimensions, prices, and medium or media utilized in the works to be displayed; c. Any publicity that the Artist/Organization/Group plans to undertake if selected; and/or d. Any atypical issues or challenges regarding hanging or display of the works proposed for display. ^ Up to five digital images of work representational of the artist's/organization/group's work on a CD, resolution of 300 dpi at a minimum size of 5x7", in .jpg format. Please name each image file with organization name or artist's last name and the title of the work (e.g.: name.title. jpg). Materials submitted will not be returned. Damaged or non-compliant CDs and/or images will not be considered. Images will not be accepted via a-mail. ^ $35 gallery maintenance fee, check made payable td the Meridian Arts Commission. This fee is nonrefundable. DISPLAY INFORMATION: Initial Point Gallery is equipped with a track system for hanging two-dimensional artwork. Two-dimensional artwork will be hung from cables, using hooks, and therefore must be equipped with two D rings (fig. 1) on the side rails on the back of the frame (fig. 2). The inside of each D ring must allow a space of at least one-quarter inch (~/a") for insertion of the hooks; any wire constricting this space must be removed. The D rings should be approximately a quarter of the distance of the total frame height from the top of the frame in order to avoid slanting away from the wall. Wires, eyehooks, and clip frames may not be used for hanging. Initial Point Gallery also provides four display cases, each with different dimensions (fig. 3), for displaying three-dimensional artwork. t Pi~ial9 Hanging witq Prro Cablea FIG. 2. BACK OF FRAME ~ d~ dian Comm '' ' - f ' I M1 ` i' ~ I q ~~yy. `s117~1 l r ~ ~: j ~ ~ C• l•.: '~ fi 'Y r I: s 5 ~~ ,•~ •. FIG. 3, 3D ART DISPLAY CASES FIG. 1. D RING ~ ACKNOWLEDGMENTS: I, >(~~nvy~( ~ ~ ,hereby acknowledge the following stipulations and agree that if this proposal is selec ed for display at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: ~` A. Before my work will be displayed in Initial Point Gallery, i will be required to enter into an Acceptance NITIAL Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. ~~ ~ B. If my work is selected for display in initial Point Gallery, the City of Meridian and its agents will INITIAL exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. ~~ C: Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the k f 1 ITIAL artwor artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage o displayed in Initial Point Gallery. ~~° D. While artwork displayed in Initial Point Gallery may be passively offered for sale 6y means of an INITIAL informational table, board, or handout as provided or allowed by the City of Meridian, no piece ~f displayed in Initial Point Gallery may have a visible price tag. (C ~' E. While it is intended that each exhibit in Initial Point Gallery wilt be displayed for aone- to two-month N TIAL period, this period may be shortened by the City of Meridian for any reason, without notice to the artist or organization. ~~ { F. The City may display the work of more than one artist or organization in Initial Point Gallery at any INITIAL time, at the City's sole discretion. d~~` G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created I ITIAL by the artist (or by artist members of the organization) submitting this application. ~~~ H. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The NInAL City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hatl is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. D _ i1~~ Print name: ~D~ l ~~ f ~D ~ Signature: ~/~ o ~~` Date: /-~ I ~ `' ~ ~ To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Initial Point Gallery 33 East Broadway Avenue Meridian ID 83642 ~ Thank you for your interest! ~~ Meridian Commission /~ 0 0 ~ ~ o ~ ~' ~~11 ~ ~i 'F ~l •N ~V V -V ,t. .~:~~. IV - Ii o ® ® o ~ . ~ ~ 1 1!( First ~ Class Postage Membership Chairperson Sondra Anderson Idaho Watercolor Society 6090 N. Royal Park Ave. . 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H ti" ~.+~~ t ` ~'' fr' `~~~ ' 1 IS ,`i Y #~ l ~? 1 xS ~~ , ~~ r a l ~ t~~ t +c -_-. ~ t., ~ a ~ '.jam a ~.~ ~_ ~~~;. ,. ~~ ~ ri' ~ ~ ~' ~~ t ~ Li _ ~~~ ~ ~ '~ f t ~~~ ~~~ ~ b '~~~ I ~~a-, ~ ~ >'? S ~* ~ i ~~d i ~~~ % ~j =~ l ~ ~ ~ ~ ~ ~ ~ ~ .~ ~ ! ' `d9 ~ ~ ~ $ ¢~ ~~ ~: , ,~ ~ „, F~ I _-, ~' ~ , ~ ~,, i ,~ ~.~~ ~ ~ ~'~ '~~ ~~ r . ~~ ~.r'~. f ~„' i~ 3 I ~ i ~ 1 ~ } i J ~ ~ ~'~ ~ i ~ i kl . ; ~~ ~ ~ ~ 1 ~~j s ~ ~~ 1 s ~ I ~~~ r ~(~Y , ! :~ } e f - i ~[?~. ' ~_: ``~ ~ ~, ~ ~: ; ~ ~ ~~ 5 ,... ~'-~_ _ ~ Meridian City Council Meeting DATE: January 21, 2014 ITEM NUMBER: 5R PROJECT NUMBER: ITEM TITLE: ACCEPTANCE AGREEMENT DWIGHT AND BARBARA WILLIAMS Acceptance Agreement: Display of Artwork of Dwight and Barbara Williams in Initial Point Gallery from October 31 to December 5, 2014 MEETING NOTES ~ ,' 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 ,,,~ ACCEPTANCE. AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY'HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the ~_ day of _~~VS~.rI. 2014 {"Effective Date"), by and between the City of Meridian, a municipal corporation organized.... under the laws of the State of Idaho {"City"), and Dwight & Barbara Williams, individual persons ("Artists"). (City and Artists may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the hird floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial .Point Gallery"); WHEREAS, in response to the Call to Artists, Artists did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WI-IEREAS, on October 24, 2013, the Meridian Arts Commission ("Commission")reviewed the responses to the Call to Artists, selected Artists' work for display based. on the Proposal, and recommended to the Meridian City Council that Artists' artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; ~~ WHEREAS, at its regular meeting on December 10, 2013., the Meridian City Council adopted such recommendation and directed the Commission to work with Artists to establish a display of .Artists' artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and. perspectives. feel welcome and comfortable, NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. ...Artists shall personally deliver to Initial Point Gallery, on October 31, 201.4, at 9:00 a.m., or at such time and. date as is mutually agreed-upon by the Artists. and the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artists shall be responsible for hanging such artwork on October 31, 2014 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from October 31, 20.14 to December 5, 2014, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork an December 5, 2014, at 9:00 a.m., or at such time and date as is mutually agreed upon by the Artists and the Gallery'Curator. ACCEPTANCE AGREEMENT .INITIAL POINT GALLERY DISPLAY PAGE 1 II. COMPENSATION AND SALE OF ARTWORK. /'\ A. No compensation. Artists shall display Artists' artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artists for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artists may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artists' work; any transaction related to the sale of artwork shall be handled solely by Artists. Artists acknowledges the Commission's request that Artists voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artists may remove such artwork from the Gallery, provided that Artists replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artists shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. Z'IME OF PERFORMANCE. Artists shall provide services described in this Agreement in a timely manner, as described herein. Artists acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of n this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artists shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artists for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork maybe safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 V. DISPLAY. ~1 A. Original artwork. Artists warrants that any and all artwork provided by Artists for display in Initial Point Gallery shall be, and is, original work conceived and created by Artists. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artists shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artists' name. Artists hereby conveys to City permission to use Artists' name for purposes of advertising, marketing, and public information, without violation of Artists' rights of privacy or any other rights Artists may possess under this Agreement, provided that City shall not use Artists' logo, if any, for any purpose without the express, written permission of Artists. D. Use of City's name. City hereby conveys to Artists permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artists shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. E. Removal of artwork by City. City shall have the right to remove Artists' artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artists in the manner set forth herein. While it is intended that Artists' artwork will be displayed in Initial Point Gallery for the period set forth herein, this period maybe shortened by City for any reason, without notice to the Artists. F. Removal of artwork by Artists. Artists shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artists or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION. WAIVER, AND INSURANCE. A. Indemnification. Artists shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artists or Artists' servants, agents, employees, guests, and/or invitees. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 ~ B. Waiver. Artists shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artists' performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artists' responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artists in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artists' person, property, or interests; and/or of the Artists' employees or agents shall be the sole responsibility of Artists. Artists shall obtain all necessary insurance as may be required in order to protect Artists' insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artists shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artists 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 party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artists. C. Termination upon death or incapacity of Artists. This Agreement shall automatically terminate upon the death or incapacity of Artists. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. ACCEPTANCE AGREEMENT INITIAL POAIT GALLERY DISPLAY PAGE 4 VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that each Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artists and City or between Artists and any official, agent, or employee of City. Both parties acknowledge that neither Artist is an employee of City. Artists shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artists shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artists shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artists shall not subcontract or assign any of Artists' obligations under this Agreement that require or that may require Artists' artistic talent or expertise. Artists may subcontract or assign obligations that do not require Artists' artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 Artists: /~ Dwight & Barbara Williams 655 E. Kingsford Dr. Meridian, ID 83642 208-887-6473 bjw33@q.com Gallery Curator: Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian ID 83642. (208'.). $87-6473 dwight5332@q.com CIt Emily Kane Deputy City Attorney 33 E. Broadway Ave. Meridian ID 83642 (208) 898-5506 ekane@meridiancity.org Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian. City Council approval. ~ ~ IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this "~"' day of ~ .~+nvA~ > fat ~{ - ARTISTS: ,~~%~~" n Dwight Illiams CITY OF MERIDIAN: t,~ tiara Williams ~~. BY: ~l r Tammy eerd Mayor ~Q, .~ ~ , : n: ~xi:~l~» ~~~H~ ~4 Attest: r' S£~ ~ Jayce of ty Tf5 b, , 5~4.. t~' ;2Fh5VA ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 6 /'\ Exhibit A ~'\ /~ ~-. Meridian Commission Call for Artists: 2014 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2014 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space for hanging two- dimensional artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: Two-dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art; artwork on paper must be under glass or acrylic. Selectees must fill all or half of the gallery. Three- dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements. Selectees will be asked to enter into an Acceptance Agreement with the City setting~forth specific conditions of display. Selectees and invitees may reapply biennially and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists' work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2014 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application !t Acknowledgements form; i"`~ Biography of the artist or informational statement regarding organization; Letter of intent; • Five (5) digital images representational of the works proposed for display, on a CD (for organizations, each image must be of a different artist's work); and • $35 gallery maintenance fee (nonrefundable). Details and forms are available at the City's website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. Materials submitted wilt not be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 18, 2013. SELECTION PROCESS: The selection of art for the 2014 Initial Point Gallery Series will be made by MAC. MAC will notify Selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Halt. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: • Volunteers to assist artist/organization with installing and removing each piece of artwork; • Track system for hanging 2D art and four enclosed pedestals for 3D art; • Space for artist information and/or an information board; and • Publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission Attn: 2014 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 By e-mail:. macC~meridiancity.or~ ~~ Exhibit B ~~ J m Q m z D 5 ~~ ~~~, ' aT ~;~.~ rr ~~ ,~ .. ~ {`~ ~ \ ~ 1 '•, ~'~ ~ ~ 3 .s: ; 1'. i I~~ ~ •~r + ` r ' I ~~~~A ; J ~ ~~st ~ ; tT.r t ~', i `~' ~ ~ > , ~~' ii ~~ __ 1 , }~~ . 'r ~ : ~ ~~ ,, ,, Y ;`. s y ~ i ~ _,) ~ ! ~ ~ - y ~~ t 1 ~~~ ;) <, ~ ]( I I ` t ~ .•~~~ r ~ ` -_,J ; ~., ~ f j ~ h., ~_ ,~ ;. ~i; ~ ::,~ ~ ~ s ~~ ~ 1 r 4` I I . ) ~yai ~ I ~ ~ s.i J -- - ~ . I ,. ¢~ I ~ _ xi'~ Yr ~ ~s r~ ~~- ~' ~ - . Vii ~ ' `1 "f .4 I S f ti. - ~ ~_ ~~ 1 ~ ~~ f. ~. I ti, ~ ~~ii ' . F''l. ~~,~: f. ~ "' ~ ~ ', ~ ~'+,~~~ j ~ ~ ~ r, ~ ~~~ -~ ~ 4 ~~,~~ ~_ ~~ i t 4~ ; '~ ~ ''j, a ;, ~f 1 f'- j ~r ~~ t .~ a, ~~ ~_ ,~ ~~: a 3~ rij~ ~ ~-~ ~ :.~ s~ ~ ~ ~~ ~~ s ~, Y ' S s~, t {s f I '~ I ~ ,.-:~ i '~~~~, - (S•c a^ r ~~~ ~ i ~~ ~~~' t .; ~~_ ~' ,,.~ ,' a a ~ ~ s 1j r~ _~ ~ =3 I' f ~ ~~ ~~~ '~`~ t~ Meridian City Council Meeting DATE: January 21, 2014 ITEM NUMBER: 5S .PROJECT NUMBER: ITEM TITLE: ACCEPTANCE AGREEMENT CARA STONE Acceptance Agreement: Display of Artwork of Cara Stone in Initial Point Gallery from December 5 to January 2, 2015 MEETING NOTES ~ , ~taa~ ~ ~~ w ~ r~n~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-IIAAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ACCEPTANCE AGREEMENT: DISPLAY DF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement"} is made on the ~\ day of ~ rtv , 2014.("Effective Date"), by and between the City of Meridian, a municipal corporation organize under the laws of the State of Idaho ("City"), and Cara Stone, an individual. person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art'will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of .Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery") WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on October 24, 2013, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; /'~ WHEREAS, at its regular meeting on December 10, 2013, the Meridian City. Council adopted such recommendation and directed the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties :acknowledge that Meridian City Hall is primarily a place of public business, that Initial. Point Gallery is a public place, and that while. the City seeks to encourage artistic expression and. public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the .mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES, Artist shall personally deliver to Initial Point Gallery, on December 5, 201:4, at 9:00 a.m., or at ouch time .and date as is mutually agreed-upon by the Artist and the Gallery Curator, artwork which shall substantially conform to the description of.such artwork setforth in Exhibit B hereto. Artist shall be responsible for hanging such artwork on December 5, 2014 at the direction of he Gallery Curator; shall allow the display of such work. in Initial Point Gallery .from December 5, 2014 to January 2, 2015, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork. on :January 2, 2015, at 9:00 a.m., or at such time and date as is mutually agreed upon by the Artist and the Gallery Curator. ACCEPTANCE AGREEMENT. INITIAL POINT GALLERY DISPLAY PAGE 1 II. COMPENSATION AND SALE OF ARTWORK. ~~ A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council, City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwollc shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in Exhibit B, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, oI• cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 V. DISPLAY. /~ A. Original artwork. Artist waiTants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 growing out of, or in any way connected with or incident to Artist's performance of this ^, Agreement, whether such loss or damage maybe attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of n this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 4 VIII. GENERAL PROVISIONS. ~~ A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, ~ interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 Artist: Cara Stone 1328 E. 5th Street .Meridian, ID 83642 208-447-6580 Cara@caralstone.corn Gallery Curator: Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian ID 83642 (208) 887-6473 dwight5332@q.com City Emily Kane Deputy City Attorney 33 E. Broadway Ave. Meridian ID 83642 (208) 898-5506 ekane~a meridiancity.org Any party may change its respective address for the purpose of this paragraph by giving written notice of such. change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the :absence of Meridian City Council approval. a 1 ~I"N"WITNESS WHEREOF, the parties hereto have executed this Agreement on this~~-day ARTI T: /'1 C one CITY OF MERIDIAN: BY: Attest: n ACCEPTANCE AGREEMENT INITIAL PAINT GALLERY DISPLAY PAGE 6 ~~ Exhibit A ~1 /~ Meridian Commission Call for Artists: 2014 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2014 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space for hanging two- dimensional artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists voluntarily donate to MAC 20~ of proceeds from sates of art displayed in Initial Point Gallery. ELIGIBILITY: Two-dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, ready-to-hang, original art; artwork on paper must be under glass or acrylic. Selectees must fill all or half of the gallery. Three- dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork wilt be displayed which: cannot be safely hung or displayed using the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply biennially and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including alt artists' work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2014 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application it Acknowledgements form; /'\ Biography of the artist or informational statement regarding organization; Letter of intent; • Five (5) digital images representational of the works proposed for display, on a CD (for organizations, each image must be of a different artist's work); and • $35 gallery maintenance fee (nonrefundable). Details and forms are available at the City's website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. Materials submitted will not be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 18, 2013. SELECTION PROCESS: The selection of art for the 2014 Initial Point Gallery Series will be made by MAC. MAC will notify Selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; o Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Halt. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: • Volunteers to assist artist/organization with installing and removing each piece of artwork; • Track system for hanging 2D art and four enclosed pedestals for 3D art; • Space for artist information and/or an information board; and • Publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission Attn: 2014 Initial Point Gallery Series n 33 East Broadway Avenue Meridian ID 83642 By a-mail: mac@meridiancity.or~ /~ /~ Exhibit B ~'\ ~ _~, ~- '~ -~, U •h to _, ~'~~t 9~~t ~ ~ ~ =' . 9 ~~'8~~, -~' ~ . ~ F}' { n. ~ SCI: ~~'~ ' rr ~. I :. • ''. T~ '~~ T., t 'j. 1 i ~~~57~ X ~ 3t ~ ~`~-f~p 'S / ~ h +`~ t~ ~':~~ t~s„"~. - Y•,s ~ ~ ~. (A` _. i _ V~ H z ~'~A - ~ kPP + ~ , ~ }' ;4 /~ 7)~'~"~ t ~/1 ( ~ v"~ S f . Y 4 '; y_,f'~. • ~~ ~ `~'• Meridian City Council Meeting DATE: January 21, 2014 ITEM NUMBER: 5T PROJECT NUMBER: ITEM TITLE: AWARD OF BID BLACK CAT LIFT STATIONS PLC UPGRADES Award of Bid and Approval of Agreement for "Black Cat Lift Stations PLC Upgrades" project to Southern Idaho Electric, Inc. for the Not-To-Exceed amount of $200,000.00. 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 ~1 Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Clint Dolsby Date: 1 /9/14 Re: January 215 City Council Meeting /agenda Item The Purchasing Department respectfully requests that the following item be placed on the January 21 City Council Consent Agenda for Council's consideration. Award of Bid and Approval of Agreement to Southern Idaho Electric Inc. for the "Black Cat Lift Stations PLC Upgrade" project for aNot-To-Exceed amount of $200.000.00. Recommended Council Action: Approval of Award of Bid and Agreement to Southern Idaho Electric, Inc. for the Not-To-Exceed amount of $200,000.00. Thank you for your consideration. • Page 1 ~~i~E IDIAN~- Public IDAHO Works Department TO: Keith Watts FROM: Clint Dolsby Assistant City Engineer DATE: 01/13/2014 SUBJECT: Project Information; Black Cat Lift Station PLC Upgrades I. II. III. DEPARTMENT CONTACT PERSONS Clint Dolsby, Assistant City Engineer (Project Manager) 489-0341 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Public Works Director 489-0372 DESCRIPTION Mayor Tammy de Weerd City Council Mernderts Keith Bird Brad Hoaglun Charles Rountree David Zaremba A. Back ound The City of Meridian operates a water and sewer system with approximately 27,000 accounts. Public Works plans to upgrade existing water and wastewater supervisory control and data acquisition (SCADA) radio systems to a single SCADA system utilizing the City's existing wide area network. The current SCADA Master Plan includes the assessment of the existing SCADA system and development of future SCADA system improvement projects. One of the highest priority projects identified during the SCADA master planning process was the need for new Programmable Logic Controllers (PLC's). B. Proposed Project This project will provide control panel design, programming and startup services to replace the existing PLC's at the two regional Black Cat and North Black Cat lift station sites. IMPACT A. Strate ig c Im act: This project is aligned with the Public Works objective of being opportunistic in planning for growth and infrastructure needs. PRge 1 of 2 B. Service/Delivery Impact: ~-.~ The completion of this project will significantly increase wastewater infrastructure efficiencies through reliable communications through SCADA. C. Fiscal Impacts: Budgeted Amount (3500-94300) $250,000.00 Construction Bid (3500-94300) $200,000.00 Unobligated Balance $50,000.00 IV. TIME CONSTRAINTS Execution of the attached contract is critical in order to begin construction and complete the project to ensure reliable communications from these regional lift station Sites. Execution of the contract also allows Public Works to complete the project in the fiscal year (FY 2014) which it was budgeted. V. LIST OF ATTACHMENTS A. Contract Approved for Council Agenda: I~1 Date Purge 2 of 2 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES ~ BLACK CAT LIFT STATIONS PLC UPGRADES PROJECT # 10417.C THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this 7TH day of January, 2014, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Southern Idaho Electric, Inc., hereinafter referred to as "CONTRACTOR",whose business address is P.O Box 182 Melba, ID 83641 and whose Public Works Contractor License # is PWC-C- 15206. INTRODUCTION Whereas, the City has a need for services involving Black Cat Lift Stations PLC Ups~rades; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves aroyalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement n consistent with the requirements and standards established by applicable federal, BLACK CAT LIFT STATIONS PLC UPGRADES page 1 of 10 Project 10417.C state and city laws, ordinances, regulations and resolutions. The Contractor n represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall becompensated on aNot-To-Exceed basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $200,000.00. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of ~ receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, or (b) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. BLACK CAT LIFT STATIONS PLC UPGRADES page 2 of 10 Project 10417.C 3.2 Should Contractor default in the performance of this Agreement or materially n breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 150 (one hundred fifty) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of two hundred fifty dollars ($250.00) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. 4. Termination: 4.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in ~ fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15} days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. BLACK CAT LIFT STATIONS PLC UPGRADES page 3 of 10 Project 104i7.C 5. Independent Contractor: n. 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. ,Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. ~ 6. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain. throuahout the term of this Agreement liability insurance in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this BLACK CAT LIFT STATIONS PLC UPGRADES page 4 of 10 Project 10417.C paragraph and file such proof of insurance with the CITY at least ten (10) days prior to ~ the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance orself-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. 8. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 9. Notices: Any and all notices required to be given by either of the parties hereto, n unless otherwise stated in this agreement, shall be in writing and be deemed SLACK CAT LIFT STATIONS PLC UPGRADES page 5 of 10 Project 10417.C communicated when mailed in the United States mail, certified, return receipt ~ requested, addressed as follows: CITY CONTRACTOR City of Meridian Southern Idaho Electric, Inc. Purchasing Manager Attn: Lee Van Schoiack 33 E Broadway Ave P.O. Box 182 Meridian, ID 83642 Melba, ID 83641 208-489-0417 Phone: 208-495-2773 Email sielectricC~aol.eorn Idaho Public Works License # PWC-C-15206 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 10. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 11. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 12. Assignment: it is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 13. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 14. Reports and Information: 14.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 14.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This ~ includes any handwriting, typewriting, printing, photo static, photographic and every BLACK CAT LIFT STATIONS PLC UPGRADES page 6 of 10 Project 10417.C other means of recording upon any tangible thing, any form of communication or ~ representation including letters, words, pictures, sounds or symbols or any combination thereof. 15. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 16. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 17. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 18. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in n the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 19. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 20. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 21. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 22. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. BLACK CAT LIFT STATIONS PLC UPGRADES page 7 of 10 Project 10417.C 23. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 24. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received firom the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition, the CITY will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the CITY against all liability, claims, damages, losses, expenses., actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall constitute a complete waiver of any and a!I claims for damages caused by any such release. 25, Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 26. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. n CITY OF MERIDIAN SOUTHERN IDAHO ELECTRIC, INC. TAMMY de W D, AYOR Dated:..~~+n~~,n ~~ ~U_ 1 ~ Dated: /!~ f/~ Approved by Cou ~ _ pity of Attest:. ~ ~ ~.tt,IiJtAi~1~ ~ ~ i1~AHG f CE . H N, C ER rFy ~~- ,.~`` fife 6 f 16 r iA E ~6U&~4 Purchasing Approval BY: KEITH A TS, Purc asing Manager Dated;:_~~ /~ BLACK CAT LIFT STATIONS PLC UPGRADES Project 10417.C Department Approval RREN STEWART, Engineering Manager Dated:. ~/ ~(r~ page 8 of 10 Attachment A ~-~. SCOPE OF WORK REFER TO INVITATION TO BID PW-14-10417.C ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW-14-10417.C, are by this reference made a part hereof. BLACK CAT LIFT STATIONS PLC UPGRADES Project 10417.C page 9 of 10 Attachment B MILESTONE /PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $200,000.00. MILESTONE DATES/SCHEDULE Milestone 1 Final Completion 150 (one hundred fifty) days PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required for the BLACK CAT LIFT STATIONS PLC UPGRADES per IFB PW-14-10417.C CONTRACT TOTAL ....................... $200,000.00 CONTRACT IS A NOT TO EXCEED AMOUNT. LINE ITEM PRICING BELOW WILL BE USED FOR INVOICE VERIFICATION AND ANY ADDITIONAL INCREASES OR DECREASES IN WORK REQUESTED BY CITY. -Bid Schedule Item No. Descri tion Quantit Unit Unit Price 1 Mobilization /Demobilization 1 LS $2,000.00 2 North Black Cat LS Control Panel 1 LS $87,000.00 3 North Black Cat LS Generator I/O 1 LS $4,500.00 4 North Black Cat LS Power Monitor 1 LS $5,500.00 5 North Black Cat LS Communications 1 LS $2,000.00 6 South Black Cat LS Control Panel 1 LS $87,000.00 7 South Black Cat LS Generator I/O 1 LS $4,500.00 8 South Black Cat LS Power Monitor 1 LS $5,500.00 9 T___ South Black Cat LS Communications 1 LS $2,000.00 ~ raves expenses, ~r appucadie, wrn be paitl at no more than the City of Meridian's Travel and Expense Reimbursement Policy. BLACK CAT LIFT STATIONS PLC UPGRADES page 10 of 10 Project 10417.C Meridian Ci>~y Council Meeting DATE: January 21, 2014 ITEM NUMBER: 5U PROJECT NUMBER: ITEM TITLE: LICENSE AGREEMENT WITH NMID WWTP License Agreement with Nampa 8~ Meridian Irrigation Distract to Construct a New Headgate on Creason Lateral to Improve the City's Wastewater Treatment Plants Entrance Drive Approach MEETING NOTES a, Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~i~E IDIAN~- ~11bliC IDAHO Works Department Mayor Tammy de Weerd Oily Ceandl M~mber=~ Keith Bird Brad Hoaglun Charles Rountree David Zaremba TO: Mayor Tammy de Weerd Members of the City Council FROM: David Allison Staff Engineer DATE: 01/21/2014 SUBJECT: LICENSE AGREEMENT WITH NMID TO CONSTRUCT NEW HEADGATE ON CREASON LATERAL TO IMPROVE CITY WWTP ENTRANCE DRIVE APPROACH. I. RECOMMENDED ACTION A. Move to: 1. Approve License Agreement with Nampa & Meridian Irrigation District to allow removal and relocated construction of Creason Lateral Headgate at the WWTP entrance. 2. Authorize the Mayor to sign the agreement. H. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works Warren Stewart, PW Engineering Manager Clint Dolsby, Asst. City Engineer David Allison, Staff Engineer (Project Manager) 489-0372 489-0350 489-0341 489-0370 Page 1 of 2 III. DESCRIPTION A. Background The entrance to the WWTP is currently challenging to enter with its present layout. To improve safety and ease of entering the facility, the approach needs to be widened. The existing Cresson Lateral headgate needs to be relocated approximately 50 feet to the west so that the approach can be tiled and paved over. Any time our facilities cross an irrigation district canal or pipe, we must have permission from the appropriate district. This License Agreement complies with that requirement. IV. IMPACT A. Strate ig c Impact: There is no Strategic Impact from this action. B. Service/Delivery Impact: Without approval of this License Agreement the installation of the abovementioned headgate cannot take place. This would leave the current drive approach in place in its current position. C. Fiscal Impact: The License Agreement requires a fee be paid to the Nampa and Meridian Irrigation District Attorney of $500.00 which includes recording fees. V. ALTERNATIVES A. Not Applicable VI. TIME CONSTRAINTS A. The construction of the new headgate must be completed before March 15, 2014. VII. LIST OF ATTACHMENTS A. Nampa & Meridian Irrigation District License Agreement Approved for Council Agend ~'lliw /l~G~ , ohn McCormick -Public Works -Deputy Director ~~~/~~ Date Page Z of 2 Meridian City Council Meeting DATE: January 21, 2014. ITEM NUMBER: 5V PROJECT NUMBER: ITEM TITLE: TEMPORARY LICENSE AGREEMENT ACHD Temporary License Agreement Between the Ada County Highway District and the City of Meridian for Pathway Distance Signage Markers on Sidewalks and Multi-use Pathways Within the Right of Way MEETING NOTES r~ ~ ~ ~, ~. ~. Community Item/Presentations Presenter. Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Property Management No. Street: T ,R ,S TEMPORARY LICENSE AGREEMENT THIS TEMPORARY LICENS AGREEMENT (the "Agreement") is made and entered into this ~~ day of ~~ ~r~, 2014 ("Effective Date"), by and between the ADA COUNTY HIGHWAY DISTRICT-Y, a body politic and corporate of the state of Idaho ("ACRD"), and the CITY OF MERIDIAN, a municipal corporation of the state of Idaho ("Licensee"). WITNESSETH: For good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties: SECTION 1. RECITALS. 1.1 ACRD owns and has exclusive jurisdiction over the public right-of-way located in Ada County, Idaho, more particularly described and/or depicted on Exhibit "A" attached hereto (the "Right-of-Way"). 1.2 Licensee desires a license to use the Right-of-Way for the limited purposes hereinafter set forth, and, for the consideration and on the terms and conditions hereinafter set forth, ACRD is willing to extend such license to Licensee. SECTION 2. LICENSE; LICENSE NOT EXCLUSIVE. 2.1 On the terms and conditions hereinafter set forth, ACRD hereby extends to Licensee a license on, over, across and under the Right-of-Way for the following uses and purposes ("Authorized Use") and no others: Installation, maintenance, repair and replacement of no more than twenty (20) thermoplastic distance markers on sidewalks and multi-use pathways in the locations identified on Exhibit "A"attached hereto. Distance markers shall be no larger than twelve (12) inches in diameter and shall conform to the design on Exhibit "B" attached hereto. Distance markers shall be skid-resistant and shall not create impediments or safety hazards for sidewalk users. 2.2 This Agreement does not extend to Licensee the right to use the Right-of- Way to the exclusion of ACRD for any use within its jurisdiction, authority and discretion or of others to the extent authorized by law to use public right-of-way. If the Right-of- Way has been opened as a public. Highway (as used in the Agreement, the term TEMPORARY LICENSE AGREEMENT -Page 1 "Highway" is as defined in Idaho Code § 40-109(5)), Licensee's Authorized Use is subject to the rights of the public to use the Right-of-Way for Highway purposes. Licensee's Authorized Use is also subject to the rights of holders of easements of record or obvious on inspection of the Right-of-Way and statutory rights of utilities to use the public right-of-way. This Agreement is not intended to, and shall not, preclude or impede the ability of ACHD to enter into other similar agreements in the future allowing third parties to also use its public rights-of-way, or the ability of ACHD to redesign, reconstruct, relocate, maintain and improve its public rights-of-way and Highways as authorized by law and as it determines, in its sole discretion, is appropriate. SECTION 3. CONSTRUCTION, OR INSTALLATION OF IMPROVEMENTS. Any repairs or maintenance of the Licensee's improvements currently located in the Right- of-Way or the installation or construction of improvements by Licensee in the Right-of- Way as permitted by the Authorized Use (the "Improvements") shall be accomplished in accordance with designs, plans and specifications approved in advance and in writing by ACHD as required to satisfy applicable laws, its policies and good engineering practices. In approving such plans and specifications, ACRD assumes no responsibility for any deficiencies or inadequacies in the design or construction of the Improvements, and the responsibility therefor shall be and remain in Licensee. SECTION 4. WAIVER AND ESTOPPEL STATEMENT BY LICENSEE. Licensee acknowledges and agrees that the license granted herein is temporary, non- transferable and merely a permissive use of the Right-of-Way pursuant to this Agreement. Licensee further acknowledges and agrees that it specifically assumes the risk that the license pursuant to this Agreement may be terminated before Licensee has realized the economic benefit of the cost of installing, constructing, repairing or maintaining the Improvements, and Licensee hereby waives and estops itself from asserting any claim that the license is in any way irrevocable because Licensee has expended funds on the Improvements and the Agreement has not been in effect for a period sufficient for Licensee to realize the economic benefit from such expenditures. SECTION 5. TERM. 5.1 The term of this Agreement shall commence on the Effective Date, and shall continue until terminated by either party, with or without cause, which termination shall be effective following thirty (30) days' advance written notice of termination given to the other party. 5.2 If Licensee defaults in the performance of any obligations incumbent upon it to perform hereunder, ACHD may terminate this Agreement and the rights extended to Licensee hereunder at any time, effective at the end of thirty (30) days following the date ACHD shall provide written notice of termination to Licensee, which notice shall specify such default(s). Licensee shall have such thirty (30) day period to correct and cure the specified defaults, and if so corrected and cured, to the satisfaction of ACHD, this Agreement shall not be terminated but shall continue in full force and effect. TEMPORARY LICENSE AGREEMENT -Page 2 SECTION 6. FEE. There is no fee for Licensee's Authorized Use of the Right-of-Way under this Agreement. SECTION 7. MAINTENANCE• FAILURE TO MAINTAIN; RELOCATION OF UTILITIES. 7.1 At its sole cost and expense, Licensee shall maintain the Improvements in good condition and repair and as required to satisfy applicable laws, the policies of ACHD and sound engineering practices. Licensee shall have access over, across and under the Right-of-Way for the purposes of accomplishing such repair and maintenance. 7.2 If the Highway on and/or adjacent to the Right-of-Way is damaged as a result of: (i) the performance by Licensee of the maintenance required by section 7.1, or the failure or neglect to perform such maintenance; and/or (ii) Licensee's design, installation or use of the Improvements, regardless of cause; at its sole cost and expense Licensee shall forthwith correct such deficiency and restore the Highway and the surface of the Right-of-Way to the same condition it was in prior thereto, and if Licensee shall fail or neglect to commence such correction and restoration within twenty-four (24) hours of notification thereof, ACRD may proceed to do so, in which event Licensee agrees to reimburse ACHD for the costs and expenses thereof, including, without limitation, reasonable compensation for the use of staff and equipment of ACHD. 7.3 Notwithstanding the provisions of section 7.2, should an emergency exist related to the Licensee's use of this license which threatens the stability or function of the Highway on or adjacent to the Right-of-Way or the safety of the public use thereof, ACHD shall have the right to immediately perform, on behalf of and at the cost of Licensee, necessary emergency repairs. 7.4 Licensee shall be responsible for the relocation of any existing utilities located on the Right-of-Way as may be required in connection with any construction or installation of Improvements by Licensee in the Right-of-Way. SECTION 8. RELOCATION OF IMPROVEMENTS. If during the term of this Agreement ACHD requires, in its sole discretion, at any time, and from time to time, that the Highway on and/or adjacent to the Right-of-Way be widened and/or realigned, redesigned, improved and/or reconstructed, Licensee hereby accepts responsibility for all costs for relocating, modifying or otherwise adapting the Improvements to such realignment and/or relocation and/or reconstruction if required by ACHD, which shall be accomplished by Licensee according to designs, plans and specifications approved in advance by ACRD in writing; provided, Licensee may elect to terminate this Agreement in lieu of complying with this responsibility, and further provided ACHD gives Licensee TEMPORARY LICENSE AGREEMENT -Page 3 adequate written notice as necessary to allow Licensee to redesign, relocate, modify or adapt the Improvements to the realignment and/or relocation and/or reconstruction of the Highway and also licenses Licensee such additional area of its right-of-way, if any, as may be necessary for the proper operation of the Improvements. SECTION 9. PERMIT. If the proposed construction and installation of the Improvements, or any reconstruction, relocation or maintenance thereof, requires Licensee to obtain a permit under ACHD policies, Licensee shall first obtain such permit from ACRD (Construction Services Division) before commencing such work, pay the required fees and otherwise comply with the conditions set forth therein. SECTION 10. NO TITLE IN LICENSEE. Licensee shall have no right, title or interest in or to the Right-of-Way other than the right to temporarily use the same pursuant to the terms of this Agreement. SECTION 11. NO COSTS TO ACHD. Any and all costs and expenses associated with Licensee's Authorized Use of the Right-of-Way, or any construction or installation of Improvements thereon, or the repair and maintenance thereof, or the relocation of Improvements or utilities thereon, or the restoration thereof at the termination of this Agreement, shall be at the sole cost and expense of Licensee. SECTION 12. TAXES AND ASSESSMENTS. Licensee agrees to pay all special assessments and personal property taxes that may be levied and assessed on the Improvements during the term of this Agreement. SECTION 13. RESTORATION ON TERMINATION. Upon termination of this Agreement, Licensee shall promptly remove all Improvements and restore the Right-of- Way to at least its present condition, less ordinary wear and tear. Should Licensee fail or neglect to promptly remove the Improvements and restore the Right-of-Way, ACHD may do so and assess Licensee for the costs thereof. Provided, ACHD and Licensee may agree in writing that some or all of such Improvements are to remain on the Right- of-Way following termination, and by entering into such an agreement Licensee thereby disclaims all right, title and interest in and to the same, and hereby grants such Improvements to ACHD, at no cost. Further provided, if the Authorized Use of the Right-of-Way under this Agreement is for landscaping in ACHD right-of-way and the irrigation and maintenance thereof, and the general purpose government with jurisdiction has adopted ordinances, rules and regulations governing the landscaping and maintenance of such right-of-way by owners of the adjacent property, to the extent such owners are obligated to maintain and irrigate the landscaping Licensee need not remove the same from the Right-of-Way. SECTION 14. INDEMNIFICATION. Licensee hereby indemnifies and holds ACHD harmless from and against any and all claims or actions for loss, injury, death, damages, mechanics and other liens arising out of the failure or neglect of Licensee, Licensee's employees, contractors and agents to properly and reasonably make Authorized Use of the Right-of-Way or properly construct, install, plant, repair or maintain the Improvements thereon, or that otherwise result from the use and TEMPORARY LICENSE AGREEMENT -Page 4 occupation of the Right-of-Way by Licensee, including, without limitation, any attorneys' fees and costs that may be incurred by ACHD in defense of such claims or actions indemnified against by Licensee hereunder. For claims or actions arising out of failures or neglects occurring during the term of this Agreement, Licensee's obligations pursuant to this section shall survive the termination of this Agreement. SECTION 15. COMPLIANCE WITH LAW; WASTE AND NUISANCES PROHIBITED. In connection with Licensee's use of the Right-of-Way, throughout the term of this Agreement Licensee covenants and agrees to: (i) comply with and observe in all respects any and all federal, state and local statutes, ordinances, policies, rules and regulations, including, without limitation, those relating to traffic and pedestrian safety, the Clean Water Act and/or to the presence, use, generation, release, discharge, storage or disposal in, on or under the Right-of-Way of any Hazardous Materials (defined as any substance or material defined or designated as hazardous or toxic waste, material or substance, or other similar term, by any federal, state or local environmental statute, regulation or ordinance presently in effect or that may be promulgated in the future); (ii) obtain any and all permits and approvals required by ACHD or any other unit of government; and (iii) commit no waste nor allow any nuisance on the Right-of-Way. To the extent permitted by law, Licensee covenants and agrees to indemnify and hold ACRD harmless from and against any and all claims, demands, damages, liens, liabilities and expenses (including, .without limitation, reasonable attorneys' fees), arising directly or indirectly from or in any way connected with the breach of the foregoing covenant. These covenants shall survive the termination of this Agreement. SECTION 16. ASSIGNMENT. Licensee cannot -sell, assign or otherwise transfer this Agreement, the license herein extended or any of its rights hereunder except with the prior written consent of ACHD, which consent shall not be granted unless the assignee assumes all obligations, warranties, covenants and agreements of Licensee herein contained. SECTION 17. ATTORNEYS' FEES. In any suit, action or appeal therefrom to enforce or interpret this Agreement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees. SECTION 18. NOTICE. Any notice under this Agreement shall be in writing and be delivered in person, or by United States Mails, postage prepaid, or by public or private 24-hour overnight courier service (so long as such service provides written confirmation of delivery), or by facsimile verified by electronic confirmation. All notices shall be addressed to the party at the address set forth below or at such other addresses as the parties may from time to time direct in writing by notice given the other. Any notice shall be deemed to have been given on (a) actual delivery or refusal, (b) three (3) days following the day of deposit in the United States Mails, (c) the day of delivery to the overnight courier or (d) the day facsimile delivery is electronically confirmed. TEMPORARY LICENSE AGREEMENT -Page 5 If to ACHD: Ada County Highway District 3775 Adams Street Garden City, Idaho 83714 Attn: Right of Way Division If to Licensee: City of Meridian Parks and Recreation Department 33 E. Broadway Avenue, Suite 206 Meridian, Idaho 83642 SECTION 19. SUCCESSORS AND ASSIGNS. This Agreement, the license herein extended and the covenants and agreements herein contained shall inure to the benefit of and be binding upon the parties hereto and their successors and, if consented to by ACHD under section 16, Licensee's assigns. SECTION 20. EXHIBITS; RECITALS. All exhibits attached hereto and the recitals contained herein are incorporated herein as if set forth in full herein. SECTION 21. NO RECORDATION. This Agreement shall not be recorded in the Official Real Property Records of Ada County, Idaho. SECTION 22. WARRANTY OF AUTHORITY TO EXECUTE. 22.1 The person executing this Agreement on behalf of ACRD represents and warrants due authorization to do so on behalf of ACHD, and that upon execution of this Agreement on behalf of ACHD, the same is binding upon, and shall inure to the benefit of, ACHD. 22.2 The person executing the Agreement on behalf of Licensee represents and warrants due authorization to do so on behalf of Licensee, and that upon execution of this Agreement on behalf of Licensee, the same is binding upon, and shall inure to the benefit of, Licensee. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed the day, month and year first set forth above. TEMPORARY LICENSE AGREEMENT -Page 6 LICENSEE: City of Meridian Its: r- 4Q°Rp,'{ED AUCLST7 ATTEST: ~$°° 19oW City of ~~E IDIAN~-~- B ~ (\~.S "B IDAHO 9 Its. G `~ ~ 4e' ~~~jbe T,RF ~S~4E STATE OF IDAHO ) ss. County of Ada ) On this ~~ day of ~a~nyo~wl 2014, before me, a Notary Public in 'and for the State of Idaho, personally a peared, '"Tc,~tY,rh~ 0~2. ~ ,known or identified to me to be the ~A\~ ~~ of the City of Boise, and o.c..1 ~~o --~~S known or identified to me to be the ~nu~~ C(e.~~ of the City of Meridian, the persons who executed this instrum nt on ehalf of said City, 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, month, and year in this certificate first above written. ~~. ~ ~~~ Notary Public for Idaho Residing at: ~ My Commission ~es: o~)a g l.~ ~ l ~ .•''~ E•-F~''•. ,~ . ~~ ~, . . ~~ ~ G : p 1, , PUBti 9~ ~. TEMPORARY LICENSE AGREEMENT -Page 7 ADA COUNTY HIGHWAY DISTRICT By: Its: ATTEST: By: Bruce S. Wong Its: Director STATE OF IDAHO ) ss. County of Ada ) President On this day of 2014, before me, a Notary Public in and for the State of Idaho, personally appeared, ,known or identified to me to be the President of the Ada County Highway District Commission, and Bruce S. Wong, known or identified to me to be the Director of the Ada County Highway District, the persons who executed this instrument on behalf of said District, and acknowledged to me that the Ada County Highway District executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing at: My Commission Expires: TEMPORARY LICENSE AGREEMENT -Page 8 EXHIBITS Exhibit A -Description and/or Depiction of Right-of-Way Exhibit B -Approved Design for Distance Markers The Ada County Highway District (ACRD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations and directives. ACRD assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any ACRD service, program or activity. TEMPORARY LICENSE AGREEMENT -Page 9 ~o ~~ _Q N O tD r 2 a w _~ 2 W ~_ u. Z W w v a a w Y 4 w v Z H tJ~ W J >, T~ i r r J° fl 0 JN 0 N ~ `~ -a a 3 ~a Y N to ~ ~ ~' "~ 7 c c 0 0 L L Q~ Y Y (a (D cam' U N U U C C fn (0 ~.+ .._+ U ~ ~ ~ =Q -- w rr EXHIBIT /~~] •.+ Q~ ~ 0 N O iD a i a a w ~_ 2 `W /_ Z w w v a w a w v Z H W J 2 r T J° 0 a ~~ 0 N ~ `~ - O 3 Na Y N 3 .~ a~ -o ~ ~~ c c 0 0 Y Y (0 (0 ~ ~ U V C C (~ f6 .~ +.. ~ N ^ ~ =Q N ~~ ~!(H~81T B J \ O ~~~ Property Management No. - - Street: 7 ,R ,S TEMPORARY LICENSE AGREEMENT THIS TEMPORARY LICENS AGREEMENT (the "Agreement") is made and entered into this ~ day of v-yam,,, .~, 2014 {"Effective Date"), by and between the ADA COUNTY HIGHWAY DISTRIC,-Y, a body politic and corporate. of the state of Idaho ("ACHD"), and the CITY OF MERIDIAN, a municipal corporation of the state of Idaho ("Licensee"). WITNESSETH: For good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties: SECTION 1. RECITALS. 1.1 ACHD owns and has exclusive jurisdiction over the public right-of-way located in Ada County, Idaho, more particularly described and/or depicted on Exhibit "A" attached hereto (the "Right-of-Way"). 1.2 Licensee desires a license to use the Right-of-Way for the limited purposes hereinafter set forth, and, for the consideration and on the terms and conditions hereinafter set forth, ACHD is willing to extend such license to Licensee. SECTION 2. LICENSE; LICENSE NOT EXCLUSIVE. 2.1 On the terms and .conditions hereinafter set forth, ACHD hereby extends to Licensee a license on, over, across and under the Right-of-Way for the following uses and purposes ("Authorized Use") and no others: Installation, maintenance, repair and .replacement of no more than twenty (20) thermoplastic distance markers on sidewalks and multi-use pathways in :the ocations identified on Exhibit "A"attached hereto Distance markers shat/ be no .larger than welve (72) inches in diameter and shat/ conform to the design on Exhibit "B" attached hereto. Distance markers shall be skid-resistant and shall not create impediments or safety hazards for sidewalk users. 2.2 This Agreement does not extend to Licensee the right to use the Right-of- Way to the exclusion of ACHD for any use within its jurisdiction, authority and discretion or of others to the extent authorized by law to use public right-of--way. If the Right-of- Way .has been opened as a public Highway (as used in the Agreement, the term TEMPORARY LICENSE AGREEMENT -Page 1 "Highway" is as defined in Idaho Code § 40-109(5)), Licensee's Authorized Use is subject to the rights of the public to use the Right-of--Way for Highway purposes. Licensee's Authorized Use is also subject to the rights of holders of easements of record or obvious on inspection of the Right-of-Way and statutory rights of utilities to use the public right-of-way. This Agreement is not intended to, and shall not, preclude or impede the ability of ACHD to enter into other similar agreements in the future allowing third parties to also use its public rights-of-way, or the ability of ACRD to redesign, reconstruct, relocate, maintain and improve its public rights-of--way and Highways as authorized by law and as it determines, in its sole discretion, is appropriate. SECTION 3. CONSTRUCTION, OR INSTALLATION OF IMPROVEMENTS. Any repairs or maintenance of the Licensee's improvements currently located in the Right- of-Way or the installation or construction of improvements by Licensee in the Right-of- Way as permitted by the Authorized Use (the "Improvements") shall be accomplished in accordance with designs, plans and specifications approved in advance and in writing by ACHD as required to satisfy applicable laws, its policies and good engineering practices. In approving such plans and specifications, ACHD assumes no responsibility for any deficiencies or inadequacies in the design or construction of the Improvements, and the responsibility therefor shall be and remain in Licensee. SECTION 4. WAIVER AND ESTOPPEL STATEMENT BY LICENSEE. Licensee acknowledges and agrees that the license granted herein is temporary, non- transferable and merely a permissive use of the Right-of--Way pursuant to this Agreement. Licensee further acknowledges and agrees that it specifically assumes the risk that the license pursuant to this Agreement may be terminated before Licensee has realized the economic benefit of the- cost of installing, constructing, repairing or maintaining the Improvements, and Licensee hereby waives and estops itself from asserting any claim that the license is in any way irrevocable because Licensee has expended funds on the Improvements and the Agreement has not been in effect for a period sufficient for Licensee to realize the economic benefit from such expenditures. SECTION 5. TERM. 5.1 The term of this Agreement shall commence on the Effective Date, and shall continue until terminated by either party, with or without cause, which termination shall be effective following thirty (30) days' advance written notice of termination given to the other party. 5.2 If Licensee defaults in the performance of any obligations incumbent upon it to perform hereunder, ACHD may terminate this Agreement and the rights extended to Licensee hereunder at any time, effective at the end of thirty (30) days following the date ACHD shall provide written notice of termination to Licensee, which notice shall specify such default(s). Licensee shall have such thirty (30) day period to correct and cure the specified defaults, and if so corrected and cured, to the satisfaction of ACRD, this Agreement shall not be terminated but shall continue in full force and effect. TEMPORARY LICENSE AGREEMENT -Page 2 SECTION 6. FEE. There is no fee for Licensee's Authorized Use of the Right-of-Way under this Agreement. SECTION 7. MAINTENANCE; FAILURE TO MAINTAIN• RELOCATION OF UTILITIES. 7.1 At its sole cost and expense, Licensee shall maintain the Improvements in good condition and repair and as required to satisfy applicable laws, the policies of ACHD and sound engineering practices. Licensee shall have access over, across and under the Right-of-Way for the purposes of accomplishing such repair and maintenance. 7.2 If the Highway on and/or adjacent to the Right-of--Way is damaged as a result of: (i) the performance by Licensee of the maintenance required by section 7.1, or the failure or neglect to perform such maintenance; and/or (ii) Licensee's design, installation or use of the Improvements, regardless of cause; at its sole cost and expense Licensee shall forthwith correct such deficiency and restore the Highway and the surface of the Right-of-Way to the same condition it was in prior thereto, and if Licensee shall fail or neglect to commence such correction and restoration within twenty-four (24) hours of notification thereof, ACRD may proceed to do so, in which event Licensee agrees to reimburse ACHD for the costs and expenses thereof, including, without limitation, reasonable compensation for the use of staff and equipment of ACRD. 7.3 Notwithstanding the provisions of section 7.2, should an emergency exist related to the Licensee's use of this license which threatens the stability or function of the Highway on or adjacent to the Right-of-Way or the safety of the public use thereof, ACHD shall have the right to immediately perform, on behalf of and at the cost of Licensee, necessary emergency repairs. 7.4 Licensee shall be responsible for the relocation of any existing utilities located on the Right-of--Way as may be required in connection with any construction or installation of Improvements by Licensee in the Right-of--Way. SECTION 8. RELOCATION OF IMPROVEMENTS. If during the term of this Agreement ACRD requires, in its sole discretion, at any time, and from time to time, that the Highway on and/or adjacent to the Right-of-Way be widened and/or realigned, redesigned, improved and/or reconstructed, Licensee hereby accepts responsibility for all costs for relocating, modifying or otherwise adapting the Improvements to such realignment and/or relocation and/or reconstruction if required by ACRD, which shall be accomplished by Licensee according to designs, plans and specifications approved in advance by ACHD in writing; provided, Licensee may elect to terminate this Agreement in lieu of complying with this responsibility, and further provided ACHD gives Licensee TEMPORARY LICENSE AGREEMENT -Page 3 adequate written notice as necessary to allow Licensee to redesign, relocate, modify or adapt the Improvements to the realignment and/or relocation and/or reconstruction of the Highway and also licenses Licensee such additional area of its right-of--way, if any, as may be necessary for the proper operation of the Improvements. SECTION 9. PERMIT. If the proposed construction and installation of the Improvements, or any reconstruction, relocation or maintenance thereof, requires Licensee to obtain a permit under ACRD policies, Licensee shat( first obtain such permit from ACHD (Construction Services Division) before commencing such work, pay the required fees and otherwise comply with the conditions set forth therein. SECTION 10. NO TITLE IN LICENSEE. Licensee shall have no right, title or interest in or to the Right-of--Way other than the right to temporarily use the same pursuant to the terms of this Agreement. SECTION 11. NO COSTS TO ACRD. Any and all costs and expenses associated with Licensee's Authorized Use of the Right-of--Way, or any construction or installation of Improvements thereon, or the repair and maintenance thereof, or the relocation of Improvements or utilities thereon, or the restoration thereof at the termination of this Agreement, shall be at the sole cost and expense of Licensee. SECTION 12. TAXES AND ASSESSMENTS. Licensee agrees to pay all special assessments and personal property taxes that may be levied and assessed on the Improvements during the term of this Agreement. SECTION 13. RESTORATION ON TERMINATION. Upon termination of this Agreement, Licensee shall promptly remove all Improvements and restore the Right-of- Way to at least its present condition, less ordinary wear and tear. Should Licensee fail or neglect to promptly remove the Improvements and restore the Right-of-Way, ACHD may do so and assess Licensee for the costs thereof. Provided, ACHD and Licensee may agree in writing that some or all of such Improvements are to remain on the Right- of-Way following termination, and by entering into such an agreement Licensee thereby disclaims all right, title and interest in and to the same, and hereby grants such Improvements to ACHD, at no cost. Further provided, if the Authorized Use of the Right-of-Way under this Agreement is for landscaping in ACRD right-of-way and the irrigation and maintenance thereof, and the general purpose government with jurisdiction has adopted ordinances, rules and regulations governing the landscaping and maintenance of such right-of-way by owners of the adjacent property, to the extent such owners are obligated to maintain and irrigate the landscaping Licensee need not remove the same from the Right-of--Way. SECTION 14. INDEMNIFICATION. Licensee hereby indemnifies and holds ACRD harmless from and against any and all claims or actions for loss, injury, death, damages, mechanics and other liens arising out of the failure or neglect of Licensee, Licensee's employees, contractors and agents to properly and reasonably make Authorized Use of the Right-of-Way or properly construct, install, plant, repair or maintain the Improvements thereon, or that otherwise. result from the use and TEMPORARY LICENSE AGREEMENT -Page 4 occupation of the Right-of-Way by Licensee, including, without limitation, any attorneys' fees -and costs that may be incurred by ACHD in defense of such claims or actions indemnified against by Licensee hereunder. For claims or actions arising out of failures or neglects occurring during the term of this Agreement, Licensee's obligations pursuant to this section shall survive the termination of this Agreement. SECTION 15. COMPLIANCE WITH LAW; WASTE AND NUISANCES PROHIBITED. In connection with Licensee's use of the Right-of--Way, throughout the term of this Agreement Licensee covenants and agrees to: (i) comply with and observe in all respects any and all federal, state and local statutes, ordinances, policies, rules and regulations, including, without limitation, those relating to traffic and pedestrian safety, the Clean Water Act and/or to the presence, use, generation, release, discharge, storage or disposal in, on or under the Right-of--Way of any Hazardous Materials (defined as any substance or material defined or designated as hazardous or toxic waste, material or substance, or other similar term, by any federal,- state or local environmental statute, regulation or ordinance presently in effect or that may be promulgated in the future); (ii) obtain any and all permits and approvals required by ACRD or any other unit of government; and (iii) commit no waste nor allow any nuisance on the Right-of-Way. To the extent permitted by law, Licensee covenants and agrees to indemnify and hold ACRD harmless from and against any and all claims, demands, damages, liens, liabilities and expenses (including, without limitation, reasonable attorneys' fees), arising directly or indirectly from or in any way connected with the breach of the foregoing covenant. These covenants shall survive the termination of this Agreement. SECTION 16. ASSIGNMENT. Licensee cannot sell, assign or otherwise transfer this Agreement, the license herein extended or any of its rights hereunder except with the prior written consent of ACHD, which consent shall not be granted unless the assignee assumes all obligations, warranties, covenants and agreements of Licensee herein contained. SECTION 17. ATTORNEYS' FEES. In any suit, action or appeal therefrom to enforce or interpret this Agreement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees. SECTION 18. NOTICE. Any notice under this Agreement shall be in writing and be delivered in person, or by United States Mails, postage prepaid, or by public or private 24-hour overnight courier service (so long as such service provides written confirmation of delivery), or by facsimile verified by electronic confirmation. All notices shall be addressed to the party at the address set forth below or at such other addresses as the parties may from time to time direct in writing by notice given the other. Any notice shall be deemed to have been given on (a} actual delivery or refusal, (b) three (3) days following the day of deposit in the United States Mails, (c) the day of delivery to the overnight courier or (d) the day facsimile delivery is electronically confirmed. TEMPORARY LICENSE AGREEMENT -Page 5 If to ACHD: Ada County Highway District 3775 Adams Street Garden City, Idaho 83714 Attn: Right of Way Division If to Licensee: City of Meridian Parks and Recreation Department 33 E. Broadway Avenue, Suite 206 Meridian, Idaho 83642 SECTION 19. SUCCESSORS AND ASSIGNS. This Agreement, the license herein extended and the covenants and agreements herein contained shall inure to the benefit of and be binding upon the parties hereto and their successors and, if consented to by ACRD under section 16, Licensee's assigns. SECTION 20. EXHIBITS; RECITALS. All exhibits attached hereto and the recitals contained herein are incorporated herein as if set forth in full herein. SECTION 21. NO RECORDATION. This Agreement shall not be recorded in the Official Real Property Records of Ada County, Idaho. SECTION 22. WARRANTY OF AUTHORITY TO EXECUTE. 22.1 The person executing this Agreement on behalf of ACHD represents and warrants due authorization to do so on behalf of ACRD, and that upon execution of this Agreement on behalf of ACRD, the same is binding upon, and shall inure to the benefit of, ACHD. 22.2 The person executing the Agreement on behalf of Licensee represents and warrants due authorization to do so on behalf of Licensee, and that upon execution of this Agreement on behalf of Licensee, the same is binding upon, and shall inure to the benefit of, Licensee. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed the day, month and year first set forth above. TEMPORARY LICENSE AGREEMENT -Page 6 LICENSEE: ~~~~p,?GLJ gdlC~S.T~ ATTEST: .$~~ ',~~, ~3~ Q, C.°.~~L ~I~~AN~ s . ,ne.s ~ r~~yo Its: ~ n~r,~ ~ Ci `~ ~` `~~ 4w ~~ ~jPf/ ~~tEe 7dEA8~~.~1 STATE OF IDAHO ) ss. County of Ada ) City of Meridian By: `-TAm ~ Its: ,-- On this ~l day of ~r~v,~, _, 2014, before me, a Notary Public in and for the State of Idaho, personalty appeared, _~ ~,,,~,~ d~ ,known or identified to me to be the 1--~,q~~ ~v- of the City of Baise, and _ _ _ac;,i ~. ©,_-,e S known or identified #o me to be the ~~ H ~ ~~ of the City of Meridian, the persons who executed this instr`um nt on ehalf of said City, 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, month, and year in this certificate first above. written. Notary Public for Idaho Residing at: f_~:~.~ My Commission pires: ~, ~ • ~"'1~fr~ ~~ K • +'~1 ~ s • ~ ~ • • ~ a • ~~~ t • • ~ ~• ~ 0 • M ~ ~ 1~J ~ •.aVY~. ~~"' ~~~~t~~~~~s~ TEMPORARY LICENSE AGREEMENT -Page 7 ADA COUNTY HIGHWAY DISTRICT By: Its: President ATTEST: By: Bruce S. Wong Its: Director STATE OF IDAHO ) ss. County of Ada ) On this day of 2014, before me, a Notary Public in and for the State of Idaho, personally appeared, ,known or identified to me to be the President of the Ada County Highway District Commission, and Bruce S. Wong, known or identified to me to be the Director of the Ada County Highway District, the persons who executed this instrument on behalf of said District, and acknowledged to me that the Ada County Highway District executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing at: My Commission Expires: TEMPORARY LICENSE AGREEMENT -Page 8 EXHIBITS Exhibit A -Description andlor Depiction of Right-of-Way Exhibit B -Approved Design for Distance Markers The Ada County Highway District (ACRD) is committed to compliance wifh Title Vl of the Civil Rights Act of 9964 and related regulations and directives. ACRD assures that no person shall on fhe grounds of race, color, national origin, gender, disability or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any ACRD service, program or activity. TEMPORARY LICENSE AGREEMENT -Page 9 ~~ tf EXt-11BIT ,y ~f3~ .: x; c in Q °~.ai k ~ r- - ~~ ~ ~- ~~. ~ . _ ~ { ~ ~ v V K`. _ ~ '~ , ~~ : ~~' ~~ ~ ~ L}' ~! 3} ' j y,.. a :tom! ~''~ ~ ~~~' ,, ~ , A ~an~rf~ngaEpl2i N '' ~ ~ ~` .~ ~ _ ~u ~ ~ i~ ~ tint ~,~ ~ ;a ~. of < ~ ? ~ ~d~, ~ ---~ ea~ ~ht ~ Y` ~~ ~~~'~ ~ 1~ 3, ~ ~ gs~aw[i~o~,~s~ N ;~. c, P y_ ~ ~ t '~ ~"k _ ~ ~~'u ~ N ,- ~~ ,~ ~~- ~ LL MN~~~f~ r~~i ~ ~ ~. _ ~ . ~ ~ .~ CJ .,~# U } f ~ ~ ~; ~' ~-~.1 ~ ... -, , _ ,~ ~'~` ~ 1` ~' ~ ~ ' ~~~~ ~ ~' p V gat _ ~r ~c ~. ~ ^ W Q N O c~ P 0 W o ~-- W 4 O ~ ~ 0~ N W Y o = ~ ~ Q, J V Z 3 ~ `.` ro ~ ~ ~ ~ Y r ''° U U C ~ ~~ =Q m m o ~~ -o N Q (O r „~ d r `,, W U N O ~ C C C r.~ U ~ Q N W ~' ~ N ~ q w j 'i7 ~.' ~ C O O N N Y Y ® ~ d1 U N U ~ (~ ~ f0 ~ _U N ® 0 t =Q N N EXHIBIT B W J ~o / ~~ Property Management No. - Street: T ,R ,S TEMPORARY LICENSE AGREEMENT THIS TEMPORARY LICEN AGREEMENT (the "Agreement") is made and entered into this ~ day of [~.Y"~~..v.r 2014 {"Effective Date"), by and between the ADA COUNTY HIGHWAY DISTRIC~, a body politic and corporate of the state of Idaho ("ACHD"), and the CITY OF MERIDIAN, a municipal corporation of the state of Idaho ("Licensee"). WITNESSETH For good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties: SECTION 1. RECITALS. 1.1 ACRD owns and has exclusive jurisdiction over the public right-of-way n located in Ada County, Idaho, more particularly described and/or depicted on Exhibit "A" attached hereto (the "Right-of-Way"). 1.2 Licensee desires a license to use the Right-of-Way for the limited purposes hereinafter set forth, and, for the consideration and on the terms and conditions hereinafter set forth, ACRD is willing to extend such license to Licensee. ..SECTION 2. LICENSE; LICENSE NOT EXCLUSIVE. 2.1 On the terms and conditions hereinafter set forth, ACHD hereby extends to Licensee a license on, over, across .and under the Right-of-Way for the following uses and purposes ("Authorized Use") and no others: Installation, maintenance, repair and .replacement of no more than twenty (20) thermoplastic distance markers on sdewaiks and multi-use pathways in ..the locations identified on :Exhibit "A"attached hereto. Distance markers shat/ be no larger than welve (72) inches in diameter and shall conform to the design on Exhibit "B" attached hereto. Distance markers shall be skid-resistant and shall not create impediments or safety hazards t'or sidewalk users. 2.2 This Agreement does not extend to Licensee the right to use the Right-of- Way to the exclusion of ACRD for any use within its jurisdiction, authority and discretion n or of others to the extent authorized by law to use .public right-of-way. If the Right-of- Way has been opened as a public Highway (as used in the Agreement, .the term TEMPORARY .LICENSE AGREEMENT -Page 1 ~ "Highway" is as defined in Idaho Code § 40-109(5)), Licensee's Authorized Use is subject to the rights of the public to use the Right-of--Way for Highway purposes. Licensee's Authorized Use is also subject to the rights of holders of easements of record or obvious on inspection of the Right-of-Way and statutory rights of utilities to use the public right-of--way. This Agreement is not intended to, and shall not, preclude or impede the ability of ACHD to enter into other similar agreements in the future allowing third parties to also use its public rights-of--way, or the ability of ACRD to redesign, reconstruct, relocate, maintain and improve its public rights-of--way and Highways as authorized by law and as it determines, in its sole discretion, is appropriate. SECTION 3. CONSTRUCTION, OR INSTALLATION OF IMPROVEMENTS. Any repairs or maintenance of the Licensee's improvements currently located in the Right- of-Way or the installation or construction of improvements by Licensee in the Right-of- Way as permitted by the Authorized Use (the "Improvements") shall be accomplished in accordance with designs, plans and specifications approved in advance and in writing by ACHD as required to satisfy applicable laws, its policies and good engineering practices. In approving such plans and specifications, ACHD assumes no responsibility for any deficiencies or inadequacies in the design or construction of the Improvements, and the responsibility therefor shall be and remain in Licensee. SECTION 4. WAIVER AND ESTOPPEL STATEMENT BY LICENSEE. Licensee acknowledges and agrees that the license granted herein is temporary, non- transferable and merely a permissive use of the Right-of-Way pursuant to this Agreement. Licensee further acknowledges and agrees that it specifically assumes the risk that the license pursuant to this Agreement may be terminated before Licensee has realized the economic benefit of the- cost of installing, constructing, repairing or maintaining the Improvements, and Licensee hereby waives and estops itself from asserting any claim that the license is in any way irrevocable because Licensee has expended funds on the Improvements and the Agreement has not been in effect for a period sufficient for Licensee to realize the economic benefit from such expenditures. SECTION 5. TERM. 5.1 The term of this Agreement shall commence on the Effective Date, and shall continue until terminated by either party, with or without cause, which termination shall be effective following thirty (30) days' advance written notice of termination given to the other party. 5.2 If Licensee defaults in the performance of any obligations incumbent upon it to perform hereunder, ACRD may terminate this Agreement and the rights extended to Licensee hereunder at any time, effective at the end of thirty (30) days following the date ACHD shall provide written notice of termination to Licensee, which notice shall specify such default(s). Licensee shall have such thirty (30) day period to correct and ~ cure the specified defaults, and if so corrected and cured, to the satisfaction of ACHD, this Agreement shall not be terminated but shall continue in full force and effect. TEMPORARY LICENSE AGREEMENT -Page 2 ~ SECTION 6. FEE. There is no fee for Licensee's Authorized Use of the Right-of-Way under this Agreement. SECTION 7. MAINTENANCE; FAILURE TO MAINTAIN RELOCATION OF UTILITIES. 7.1 At its sole cost and expense, Licensee shall maintain the Improvements in good condition and repair and as required to satisfy applicable laws, the policies of ACHD and sound engineering practices. Licensee shall have access over, across and under the Right-of-Way for the purposes of accomplishing such repair and maintenance. 7.2 If the Highway on and/or adjacent to the Right-of-Way is damaged as a result of: (i) the performance by Licensee of the maintenance required by section 7.1, or the failure or neglect to perform such maintenance; and/or (ii) Licensee's design, installation or use of the Improvements, regardless of cause; at its sole cost and expense Licensee shall forthwith correct such deficiency and restore the Highway and the surface of the Right-of-Way to the same condition it was in prior thereto, and if Licensee shall fail or neglect to commence such correction and restoration within twenty-four (24) hours of notification thereof, ACRD may proceed to do so, in which event Licensee agrees to reimburse ACHD for the costs and expenses thereof, including, without limitation, reasonable compensation for the use of staff and equipment of ACHD. 7.3 Notwithstanding the provisions of section 7.2, should an emergency exist related to the Licensee's use of this license which threatens the stability or function of the Highway on or adjacent to the Right-of--Way or the safety of the public use thereof, ACRD shall have the right to immediately perform, on behalf of and at the cost of Licensee, necessary emergency repairs. 7.4 Licensee shall be responsible for the relocation of any existing utilities located on the Right-of--Way as may be required in connection with any construction or installation of Improvements by Licensee in the Right-of--Way. SECTION 8. RELOCATION OF IMPROVEMENTS. If during the term of this Agreement ACHD requires, in its sole discretion, at any time, and from time to time, that the Highway on and/or adjacent to the Right-of--Way be widened and/or realigned, redesigned, improved and/or reconstructed, Licensee hereby accepts responsibility for all costs for relocating, modifying or otherwise adapting the Improvements to such realignment and/or relocation and/or reconstruction if required by ACRD, which shall be accomplished by Licensee according to designs, plans and specifications approved in advance by ACHD in writing; provided, Licensee may elect to terminate this Agreement in lieu of complying with this responsibility, and further provided ACHD gives Licensee TEMPORARY LICENSE AGREEMENT -Page 3 ~. adequate written notice as necessary to allow Licensee to redesign, relocate, modify or adapt the Improvements to the realignment and/or relocation and/or reconstruction of the Highway and also licenses Licensee such additional area of its right-of--way, if any, as may be necessary for the proper operation of the Improvements. SECTION 9. PERMIT. If the proposed construction and installation of the Improvements, or any reconstruction, relocation or maintenance thereof, requires Licensee to obtain a permit under ACHD policies, Licensee shall first obtain such permit from ACRD (Construction Services Division) before commencing such work, pay the required fees and otherwise comply with the conditions set forth therein. SECTION 10. NO TITLE IN LICENSEE. Licensee shall have no right, title or interest in or to the Right-of-Way other than the right to temporarily use the same pursuant to the terms of this Agreement. SECTION 11. NO COSTS TO ACHD. Any and all costs and expenses associated with Licensee's Authorized Use of the Right-of-Way, or any construction or installation of Improvements thereon, or the repair and maintenance thereof, or the relocation of Improvements or utilities thereon, or the restoration thereof at the termination of this Agreement, shall be at the sole cost and expense of Licensee. SECTION 12. TAXES AND ASSESSMENTS. Licensee agrees to pay all special assessments and personal property taxes that may be levied and assessed on the Improvements during the term of this Agreement. SECTION 13. RESTORATION ON TERMINATION. Upon termination of this Agreement, Licensee shall promptly remove all Improvements and restore the Right-of- Way to at least its present condition, less ordinary wear and tear. Should Licensee fail or neglect to promptly remove the Improvements and restore the Right-of-Way, ACRD may do so and assess Licensee for the costs thereof. Provided, ACRD and Licensee may agree in writing that some or all of such Improvements are to remain on the Right- of-Way following termination, and by entering into such an agreement Licensee thereby disclaims all right, title and interest in and to the same, and hereby grants such Improvements to ACHD, at no cost. Further provided, if the Authorized Use of the Right-of--Way under this Agreement is for landscaping in ACRD right-of-way and the irrigation and maintenance thereof, and the general purpose government with jurisdiction has adopted ordinances, rules and regulations governing the landscaping and maintenance of such right-of-way by owners of the adjacent property, to the extent such owners are obligated to maintain and irrigate the landscaping Licensee need not remove the same from the Right-of--Way. SECTION 14. INDEMNIFICATION. Licensee hereby indemnifies and holds ACHD harmless from and against any and all claims or actions for loss, injury, death, damages, mechanics and other liens arising out of the failure or neglect of Licensee, Licensee's employees, contractors and agents to properly and reasonably make Authorized Use of the Right-of-Way or properly construct, install, plant, repair or maintain the Improvements thereon, or that otherwise result from the use and TEMPORARY LICENSE AGREEMENT -Page 4 ~ occupation of the Right-of--Way by Licensee, including, without limitation, any attorneys' fees and costs that may be incurred by ACHD in defense of such claims or actions indemnified against by Licensee hereunder. For claims or actions arising out of failures or neglects occurring during the term of this Agreement, Licensee's obligations pursuant to this section shall survive the termination of this Agreement. SECTION 15. COMPLIANCE WITH LAW: WASTE AND NUISANCES PROHIBITED. In connection with Licensee's use of the Right-of-Way, throughout the term of this Agreement Licensee covenants and agrees to: (i) comply with and observe in all respects any and all federal, state and local statutes, ordinances, policies, rules and regulations, including, without limitation, those relating to traffic and pedestrian safety, the Clean Water Act and/or to the presence, use, generation, release, discharge, storage or disposal in, on or under the Right-of--Way of any Hazardous Materials (defined as any substance or material defined or designated as hazardous or toxic waste, material or substance, or other similar term, by any federal, state or local environmental statute, regulation or ordinance presently in effect or that may be promulgated in the future); (ii) obtain any and all permits and approvals required by ACHD or any other unit of government; and (iii) commit no waste nor allow any nuisance on the Right-of-Way. To the extent permitted by law, Licensee covenants and agrees to indemnify and hold ACHD harmless from and against any and all claims, demands, damages, liens, liabilities and expenses (including, without limitation, reasonable attorneys' fees), arising directly or indirectly from or in any way connected with the breach of the foregoing covenant. These covenants shall survive the termination of this Agreement. SECTION 16. ASSIGNMENT. Licensee cannot sell, assign or otherwise transfer this Agreement, the license herein extended or any of its rights hereunder except with the prior written consent of ACRD, which consent shall not be granted unless the assignee assumes all obligations, warranties, covenants and agreements of Licensee herein contained. SECTION 17. ATTORNEYS' FEES. In any suit, action or appeal therefrom to enforce or interpret this Agreement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees. SECTION 18. NOTICE. Any notice under this Agreement shall be in writing and be delivered in person, or by United States Mails, postage prepaid, or by public or private 24-hour overnight courier service (so long as such service provides written confirmation of delivery), or by facsimile verified by electronic confirmation. Al! notices shall be addressed to the party at the address set forth below or at such other addresses as the parties may from time to time direct in writing by notice given the other. Any notice shall be deemed to have been given on (a) actual delivery or refusal, (b) three (3) days following the day of deposit in the United States Mails, (c) the day of delivery to the overnight courier or (d) the day facsimile delivery is electronically confirmed. /'\ TEMPORARY LICENSE AGREEMENT -Page 5 ~~ If to ACHD: Ada County Highway District 3775 Adams Street Garden City, Idaho 83714 Attn: Right of Way Division If to Licensee: City of Meridian Parks and Recreation Department 33 E. Broadway Avenue, Suite 206 Meridian, Idaho 83642 SECTION 19. SUCCESSORS AND ASSIGNS. This Agreement, the license herein extended and the covenants and agreements herein contained shall inure to the benefit of and be binding upon the parties hereto and their successors and, if consented to by ACRD under section 16, Licensee's assigns. SECTION 20. EXHIBITS; RECITALS. All exhibits attached hereto and the recitals contained herein are incorporated herein as if set forth in full herein. SECTION 21. NO RECORDATION. This Agreement shall not be recorded in the Official Real Property Records of Ada County, Idaho. SECTION 22. WARRANTY OF AUTHORITY TO EXECUTE. 22.1 The person executing this Agreement on behalf of ACHD represents and warrants due authorization to do so on behalf of ACHD, and that upon execution of this Agreement on behalf of ACHD, the same is binding upon, and shall inure to the benefit of, ACHD. 22.2 The person executing the Agreement on behalf of Licensee represents and warrants due authorization to do so on behalf of Licensee, and that upon execution of this Agreement on behalf of Licensee, the same is binding upon, and shall inure to the benefit of, Licensee. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed the day, month and year first set forth above. TEMPORARY LICENSE AGREEMENT -Page 6 ~ LICENSEE: ~~p.2GDA(j~,~ ATTEST: `~~°¢4 Sr'~, _ City a~ E IDIAN~ B ` ~_J ,a IDANO Its: ~ Y„ ~„~-~-~_ Ci ~~ ,~~` ~ . t., ~P4 .. 8O(~Se 7Rf ASL4~ STATE OF IDAHO ) ss. County of Ada ) City of Meridian Its: ,,~--- On this '~~ day of ~~~ A.r~t,.,~, 2014, before me, a Notary Public in and for the State of Idaho, personally a geared, _ --r'~,~,,,,,.~~ ~~, 11~e~ v~~ ,known or identified to me to be the ~q~~ ~v' ~~ of the City of Boise, and ~ cct L~ hQS known or identified to me to be the .~..~tfo~ ~ C~ ~ C(e.,.~~ of the City of Meridian, the persons who executed this instr`um~-nt on~ehalf of said City, 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, month, and year in this certificate first above written. Notary Public for Idaho Residing at: ,~~ My Commission pires: ~, r -~-r fit, ,~ ', ~~ • G, p. • `~ 1,'~• • p~gti ~.. TEMPORARY LICENSE AGREEMENT -Page 7 ADA COUNTY HIGHWAY DISTRICT By: Its: ATTEST: By: Bruce S. Wong Its: Director STATE OF IDAHO ) ss. County of Ada ) President On this day of 2014, before me, a Notary Public in and for the State of Idaho, personally appeared, ,known or identified to me to be the President of the Ada County Highway District Commission, and Bruce S. Wong, known or identified to me to be the Director of the Ada County Highway District, the persons who executed this instrument on behalf of said District, and acknowledged to me that the Ada County Highway District executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing at: My Commission Expires: n TEMPORARY LICENSE AGREEMENT -Page 8 ~` EXHIBITS Exhibit A -Description and/or Depiction of Right-of-Way Exhibit B -Approved Design for Distance Markers The Ada County Highway District (ACHD) is committed to compliance with Title VI of the Civil Rights Act n of 1964 and related regulations and directives. ACHD assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any ACHD service, program or activity. TEMPORARY LICENSE AGREEMENT -Page 9 .wr ~ O LL pp Q N O (D O W C? e-- W ' V .I d LN N W _ ~ LL a d J V n~ ~ Q ~s W t- ~, a ~ Y ~ _ J C O C O ~ N ~ ~ T" V U ~"' ~ +• ~_ ~ ~ ~ =Q ~y~ ii 1f EKH19fT ~ a~ ~o ao -o N Q (D 11~ W .d~. O W ~ V ~ pp w~. O N O Q Q.. ...j V ~ ~' r' ~ !. /® ~ Y N ® ~ ~ ~ ~_ =' a ® C O C O ~ N ~ ~ N x ~^ U U ~ ~ ~ ~_ f0 ~ _~ 0 d =Q M ~~ ~ieir B W J ~~° / Meridian City Council Meeting DATE: January 21, 2014 ITEM NUMBER: 5W PROJECT NUMBER: ITEM TITLE: MOA MOUNTAIN VIEW HIGH SCHOOL AUDITORIUM Memorandum of Agreement for Rental of Mountain. View High School Auditorium for a Not-to-Exceed Amount of $1,729.50 MEETING NOTES t, r~e~~,~~~ ~. ; L~ ~ `~ , Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~ MEMORANDUM OF AGREEMENT FOR RENTAL OF MOUNTAIN VIEW HIGH SCHOOL AUDITORIUM This MEMORANDUM OF AGREEMENT("MOA") is made this day of January, 2014, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Mountain View High School {"School"), a school within Joint School District No. 2, a school district organized under the laws of the State of Idaho ("District"). WHEREAS, the parties hereto find it to be in the best interest of their respective .constituents to rent Mountain View High School auditorium, located at 2000 Milleniwn Way, Meridian, Naha, to City .for the dress rehearsal and performance of the Treasure Valley Children's Theater performing arts project on March 21 and 22, .2014, a youth program of the Meridian Parks and Recreation ("MPR"} and Meridian Arts Commission {"MAC"); NtJW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the recitals above, which are incorporated herein, City and District agree as follows. A. Rental Usage Agreement. All terms and provisions of the Rental Usage Agreement, concurrently executed by the parties and attached hereto as Exhibit A, are incorporated herein by reference as though set forth fully herein. B. Hold Harmless and Indemnity Agreement. All terms and provisions of the Hold Harmless and Indemnity Agreement, executed. by and between City and District on August 22, 2007 and attached hereto as Exhibit B, are incorporated herein by reference as though set forth fully herein. C. Payment. City has remitted to District a deposit to reserve City's use of the Mountain View High School auditorium. as set forth in the Rental Usage Agreement. Within thirty (30) days following the performance on March 22, 2014, District shall remit to City an invoice for the remaining balance due for fees and/or damages actually incurred. The following fees shall apply: L .Lights and sound operation: Two (2) school. employees to operate the lighting and sound equipment at dress rehearsal on March 21, 201.4 and at the performance on March 22, 2014, at the rate of $22.00 per employee,. per hour. 2. Weekend custodial services: One (1) custodian to be on site during City'S occupation of th e~~iiiiiiiss auditorium on March 22, 2014 only, at the xate of $37.50 per hour. It is understood that as custodial services are provided on weeknights, no additional charge shall apply for custodial services rendered on March 22, 2014. 3. Extra supervision services: One (1) school employee to supervise dress rehearsal on March 21, 2014 and the performance on March 22, 2014, at the rate of~'>~~.Slf per hour. ZS••o Stix IN WITNESS WHEREOF, the parties shall cause this MOA to be executed by their duly authorized officers to be effective as of the day and year first above written. M UNTAIN IE HIGH SCHOOL: 1_ Samuel Kristensen ~c~,,,..•.. u~,~,~, I CITY O ~G~ ~ ,gip ~\ - Gity o. Attest: ~ :I7IAN~- Tammy de W e ,Mayor Ja e H 1 a City Cle .~ ' °A" ° r~, SEAL. ti• MOA WTTH MOUNTAIN VIEW HIGH SCHOOL FOR USE OF MVHS AUDITORNM '~rf PAGE F 1 ~~116r ~CR=, AS~~. /'\ EXHIBIT A RENTAL USAGE AGREEMENT APPENDIX A RENTAL USAGE AGREEMENT Date: 1 /14/2014 Joint School District No. 2 & City of Meridian Parks & Rec/Arts Commission 1303 E. Central Drive 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 (Hereinafter called OWNER) (Hereinafter called RENTER Upon the full execution of the Rental Usage Agreement (the "Agreement") by all parties, the following described portion of Joint School District No.2 facilities is hereby rented to the RENTER according to the tollowing schedule and terms: 1. Area(s) (hereinafter the "Premises"): (Bldg.)Location Mountain View HS and Room(s) Auditorium F_ 2. Date(s): 3/21/14 & 3/22/14 betwF:en the hours of 4:00 PM and 8;3DPM on 3/21/14~~ between the hours of 8:00 AM and 9:30 PM on 3/22/14 3. Equipment to be made available to the RENTER by the OWNER: Microphones, Podium, Projection Screen 4. Check facilities on attached page and specify fees to be paid in the space below, as per JSD No.2 policy 1003.20: Sound S stem $ - Lighting System $ - Stage Lights $ - Stage Lights $ - Auditorium (wtrfl Audlenc®) $ - Auditorium (without Audience) $ - Cafeteria $ - 5. SPECIAL CONDITONS OF THIS AGREEMENT Custodial Fee $ 487.50 Extra Supervision $ 450.00 Sound /Light Tech $ 792.00 Food Svc. Attendant $ - Deposit (refundable) Rental Fee for Dis#rlet $ 1,729.50 Total Fee Charged $ 1,729.50 a. RENTER acknowledges that it has received and read OWNER'S policy numbers 1003.10 and 1003.20 and RENTER agrees to al! of the terms and conditions contained in such policies as if set forth in full herein. b. No equipment other than that specified in Item 4, above, will be furnished to the RENTER without the prior written approval of the building coordinator. c. RENTER accepts the Premises in AS-IS condition. d. Failure of RENTER to properly care for the Premises and/or to comply with any term and condition of this Agreement shall constitute a breach of this Agreement and shall, at the option of the OWNER, empower OWNER to immediately terminate RENTER'S right to use the Premises. e. No food or beverages will be allowed except in designated areas. f. RENTER shall be responsible for the orderly and lawful conduct of all persons occupying the Premises and while present upon OWNER'S property. g. Certain group programs or activities may require the presence of firemen, policemen, special equipment and/or medical personnel. The scheduling and payment of these services is the sole responsibility of RENTER. h. The OWNER shall not be liable for any loss of revenue or damage whatsoever to RENTER as a result of the closure of the Premises by the Fire Marshal, or for any other situation out of OWNER'S control, including an act of God. i. The RENTER shall be solely responsible for any and all damage to OWNER, including damage to OWNER'S property, including the Premises, including but not limited to, all fines or penalties imposed upon the OWNER, which result from the activities of RENTER and/or or its agents, employees, guests and invitees at or upon the Premises or upon any other of OWNER'S property. RENTAL USAGE AGREEMENT - 2 ~\ j. In accordance with District policy and State law, the possession of alcoholic beverages on District property is strictly prohibited. Likewise, the use of tobacco in any District building or upon any property owned by the District is prohibited. k. Payment by the RENTER will be made prior to any use of the Premises unless other arrangements have been made with the OWNER'S superintendent or appropriate building coordinator. I. RENTER shall faithfully observe and comply with such other rules and regulations as OWNER may from time to time reasonably promulgate regarding use of the Premises and/or other common areas. OWNER reserves the right from time to time to make reasonable modifications to said rules and regulations. Such rules and regulations and any additions and modifications thereto shall be binding upon 5. MISCELLANEOUS PROVISIONS a. Use of Premises. RENTER, its agents, employees, guests and invitees shall neither commit nor permit any waste upon the Premises, nor shall make any use ofthe Premises or common areas which is a nuisance or disturbs the quiet enjoyment of other occupants of OWNER's property. b. No Animals. Other than service animals, RENTER shall not bring or allow onto the premises any animal of any kind for any reason. c. No Assienment or Subletting. RENTER shall not assign or sublet any interest under this Agreement without the prior written consent of OWNER, which OWNER is free to withhold for any reason. Condition and Suitability Premises. RENTER has examined the Premises prior to taking possession of such. ~ d. RENTER's use of the Premises shall be conclusive evidence as against RENTER that at the time of taking possession the Premises were in good order and satisfactory condition. OWNER does not make and hereby disclaims any warranties, express or implied, with respect to the Premises, and RENTER takes the Premises in their present "AS-IS" condition, with all faults including latent and patent defects. RENTER acknowledges that neither OWNER nor any agent or employee of OWNER has made any representation or warranty, nor is RENTER relying on any representations or warranties made by OWNER or OWNER's agents or employees, with respect to the Premises or with respect to the suitability of the Premises for RENTER's intended use, nor has OWNER agreed to undertake any modification, alteration, or improvement of the Premises except as specifically set forth in this Agreement. No Alterations and Improvements. RENTER shall not make any alterations, additions, or improvements to e. the Premises or any part thereof at any time. Waiver of Rights and Terms. Any failure by OWNER to enforce the terms of this Agreement f. shall not constitute a waiver of said terms by OWNER. Attorney Fees. If any action or proceeding is instituted to enforce or construe any provision of this g. Agreement, the prevailing party in such action or proceeding shall be entitled to recover from any party or parties against whom a judgment is entered, all reasonable attorney fees and costs incurred by the prevailing party in connection with such action or proceeding in addition to such other relief to which such prevailing party is entitled. Authority of the RENTER. In the event the RENTER is a corporation, limited liability company, h. or other business entity, the parties executing this Agreement an behalf of RENTER hereby covenant and warrant that they are duly authorized to execute and deliver this Agreement on behalf of said entity. RENTAL USAGE AGREEMENT - 3 ~'"\ i. Time of Essence. All times provided for in this Agreement or in any other instrument or document referred to herein or contemplated hereby, far the performance of any act will be strictly construed, it being agreed that time is of the essence of this Agreement. J• Entire Agreement. This Agreement and the related documentation referenced herein constitute the entire agreement between the parties and may not be modified except in writing, signed by both parties. Any prior understanding or representation of any kind preceding the date of this agreement shall not be binding on either party except to the extent incorporated in this :agreement. k• Governing Law. This Agreementshall be construed and enforced in accordance with the laws of the State of Idaho. _ __ _ ..............._...... __. IN WITNESS WHEREOF, THE PARTIES HERETO EXECUTE THIS AGREEMENT ON THE f7ATE(S) SET FORTH BELOW. By OWNER (JSD2): ~ By R (Authorized Representative/Facilities Coordinator) (Renter's A ize ~ - epresentative) Print Name: S/-~.. ,~( ~. ICS{ S+en y~-~' ^Date signed: 1~~ ~~ Print Name:.. Tammy de; Wea~d, Mayor ;Date Signed: i/f~fta n ~\ EXHIBIT B HOLD HARMLESS Sc INDEMNITY AGREEMENT 2. Entity to Maintain Insurance Coverage. As a condition precedent to any use of District facilities and/or grounds, Entity, at its own expense, shall keep and maintain in full force and effect a comprehensive general liability insurance policy issued by a company licensed to engage in the insurance business in the State of Idaho. a. The insurance policy shall contain standard Iiability insuring agreements in the limits set faith in the Idaho Tort Claims Act, naming the District as a Certificate Holder. The limits of said policy shall be not less than five hundred thousand dollars ($500,000.00) for bodily or personal injury, wrongful death, or property damage or loss as the result of any one (1) occurrence or accident, regardless of the number of persons injured or the number of claimants. b. Not less than five (5) business days prior to Entity's first use of District's facilities andror~groun~is;~and~at least annually theireafter for so long as Liitify sliall use any such facility and/or grounds, Entity shall furnish the District with a certificate of insurance evidencing the existence of such coverage, executed by a duly authorized representative of each insurer. c. The certificate of insurance shall provide that the company or program providing such coverage shall provide the District with thirty (30) days prior written notice of any cancellation or material alteration of the policies set forth in the certificate of insurance. !'~ d. In the event that the limits of the Idaho Tort Claims Act are modified, the Entity shall deliver a new certificate of insurance to the District indicating compliance with the revised limits within ten (10) business days of the effective date thereof. e. To the extent allowed under the Idaho Tort Claims Act and the Idaho Constitution, such insurance coverage shall be primary for any and all damage of any nature caused to or incurred by the District arising out Entity's use of the District's facilities and/or grounds. 3. Waiver. The waiver by either party of the performance of any covenant, condition or term herein shall not invalidate this Agreement, nor shall the same be considered as a waiver by such party of any breach or other covenant, condition or team herein. 4. Notices. Any notice under this Agreement shall be in writing and shall be treated as duly delivered if the same is personally delivered or deposited in the United States Mail, certified, return receipt requested, postage prepaid, and properly addressed as follows: To District: Joint School District No. 2 Attn: Superintendent 1303 B. Central Dr. Meridian, Idaho 83642 ~ To Entity: City of Meridian HOLD HARMLESS AGREEMENT AND INDEMNITY AGREEMENT-Page 2 of 3 Attn: City Clerk 33 East Idaho Avenue Meridian, ID $3642 5. Assignment. Entity shall not be entitled to transfer or assign all or any portion of its interest in this Agreement. 6. Attorne 's pees. In the event that snit or action is instituted by either party to interpret or enforce this Agreement, the prevailing party shall be entitled to recover a reasonable sum as attorney's fees and all court costs incurred on behalf of that party, including such fees and costs with respect to an appeal. 7. Governing Lavy. 'this Agreement shall be governed by and construed in accordance with . the lawsrof the State of~Id~aho. - ...-- -- ~- -. ,.-~-- ..--~-----~ - ---- - ~-- ._ .. ~. ,_ . 8. Authori of the Parties. Each party to this Agreement represents and warrants that the execution, delivery, and performance of this Agreement has been duly authorized by all necessary action of such party and is a valid and binding obligation upon the persons or entity signing this Agreement. 9. Amendment or Modification. No modification, release, discharge, or amendment of any provision hereof shall be binding unless reduced to writing and signed by authorized representatives of both parties. ENTITY: City of Meridian Its: by A r ~~ ~~,~``\` ~ ~ //''`'~~~i Date Signed: 8~~ ~0 7 ,.~ ;}~ ~ ,y ~,; ATTEST: .r.~~--~ ~ ~~1~~, Its: _ ~; C/-c~~l.~" ~ ". ~-~~ ~ ,gyp '~Q r r s~ ,l'~~i~1~17~91f1 tti1~~~~11`t`\~` DISTRICT: JOINT SCHOOL DISTRICT N0.2 v ~y' ---~. ~,~ Its: ~~-C.~'/"aL'7'/I~17`~'X/.AL=x.11" Date Signed: ,~~~,Z?~C ~- HdLD HARMLESS AGREEMENT AND CNDEMNITY ACR~EMENT- Pale 3 of 3 Meridian City Council Meeting DATE: January 21, 2014 ITEM NUMBER: 7 PROJECT NUMBER: ITEM TITLE: Items Moved From Consent Agenda MEETING NOTES ~1d~e Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F1NAL ACTION DATE: E-GAAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 21, 2014 ITEM NUMBER: $q PROJECT NUMBER: ITEM TITLE: REQUEST FOR VARIANCE OF CITY ADDRESSING STANDARDS Public Hearing: Request for Variance of City Addressing Standards by Steve Judy, Director of Operations, Primary Health Medical Group Located at 1623 S. Wells. Request Change of Address from 1623 S. Wells Avenue to an Overland Road Address MEETING NOTES 51eNe .~~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-AAAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 21, 2014 ITEM NUMBER: $B .PROJECT. NUMBER:. RZ 13-017 ITEM TITLE: SHERYL 4-PLEX Public Hearing: RZ 13-017 Sheryl 4-Plex by JTC Inc. or Assigns Located 3150 W. Sheryl Drive Request: Rezone of 0.54 of an Acre of Land from the L-O to the TN-R Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 21, 2014 ITEM NUMBER: $C PROJECT NUMBER: CPAM 13-003 ITEM TITLE: DA VINCI PARK Public Hearing: CPAM 13-003 Da Vinci Park by CS2, LLC Located Southwest Corner of N. Locust Grove Road and E. McMillan Road Request: Amend the Future Land Use Map Contained in the Comprehensive Plan to Change the Future Land Use Designation on 7.76 Acres of Land from Low Density Residential to Medium Density Residential (6.36 Acres) and Mixed Use -Neighborhood (1.4 Acres) MEETING NOTES S' o n ~) ~ w a-I-P~r S ~f' ~'- l~q~ ~r ~'S a LLC, 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 21, 2014 ITEM NUMBER: $p ' PROJECT NUMBER: RZ 13-016 ITEM TITLE: DA VINCI PARK Public Hearing: RZ 13-016 Da Vinci Park by CS2, LLC Located Southwest Corner of N. Locust Grove Road and E. McMillan Road Request: Rezone of 2.65 Acres of Land from the R-4 and R-8 Zoning Districts to the C-N Zoning District; and 6.3 Acres of Land from the R-4 Zoning District to the R-8 Zoning District MEETING NOTES Community ItemlPresentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS -Meridian City Council Meeting DATE: January 21, 2014 ITEM NUMBER: $E PROJECT NUMBER: PP 13-036 ITEM TITLE: DA VINCI PARK Public Hearing: PP 13-036 Da Vinci Park by CS2, LLC Located Southwest Corner of N. Locust Grove Road and E. McMillan Road Request: Preliminary Plat Approval Consisting of Thirty-Eight (38) Single- Family Residential Attached Building Lots, One (1) Commercial Building Lot and Eight (8) Common/Other Lots on 7.76 Acres of Land in the Proposed R- 8and C-N Zoning Districts MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFF/CE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO .AGENCY 8ENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 21, 2014 ITEM NUMBER:. $F PROJECT NUMBER: MDA 13-021 ITEM TITLE: DA VINCI PARK Public Hearing: MDA 13-021 Da Vinci Park by CS2, LLC Located Southwest Corner of N.Locust Grove Road and E. McMillan Road Request: Modification to the Development Agreement to Change the Development Plan from Single Family Residential to Mixed Use MEETING NOTES Community Item/Presentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO gTAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting .DATE: January 21, 2014 ITEM NUMBER: $G PROJECT NUMBER: FP 13-047 ITEM TITLE: BARAYA SUBDIVISION N0.3 FP 13-047 Baraya Subdivision No. 3 by CBH Homes Located at South Side of W. Franklin Road, Midway Between Black Cat and Ten Mile Roads Request: Final Plat Consisting of Forty-Seven (47) Single-Family Residential Building Lots and Three (3) Common Lots on 11.05 Acres of Land in the R-8 and R-15 Zoning Districts MEETING NOTES C.pn ~ ~v~ o~ Community Item/Presentations Presenter Contact Info./Not®s CLERKS OFFICE FINAL ACTION DATE: E-AAAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 21, 2014 ITEM NUMBER: $H PROJECT NUMBER: CPAM 13-002 ITEM TITLE: SOLTERRA Public Hearing: CPAM 13-002 Solterra by Capital Christian Center Inc. Located Northeast Corner of E. Fairview Avenue and N. Hickory Way Request: Amend the Future Land Use Map Contained in the Comprehensive Plan to Change the Land Use Designation on Approximately 22.61 Acres from Office to Mixed Use-Regional MEETING NOTES t~\ ~a~vSon ~ .-~ ~ m ~r1 Q er Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 21, 2014 ITEM NUMBER: $I PROJECT NUMBER: RZ 13-015 ITEM TITLE: SOLTERRA Public Hearing: RZ 13-015 Solterra by Capital Christian Center, Inc. Located Northeast Corner of E. Fairview Avenue and N. Hickory Way Request: Rezone of Approximately 22.61 Acres from the L-O (Limited Office) Zoning District to the C-G (General Retail and Service Commercial) (2.39 acres); L-O (Limited Office) (9.04 acres) and R-15 (Medium High Density Residential) (11.18 Acres) Zoning Districts -. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFF/CE F/NAL ACTION DATE: E-IIAAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES ~ INITIALS Meridian. City Council Meeting DATE: January 21, 2014 ITEM NUMBER: $~ PROJECT NUMBER: PP 13-037 ITEM TITLE: SOLTERRA Public Hearing: PP 13-037 Solterra by Capital Christian Center Inc. Located Northeast Corner of E. Fairview Avenue and N. Hickory Way Request: Preliminary Plat Approval Consisting of Three (3) Commercial Lots, One (1) Office Lot, Ninety-Three (93) Residential Lots and Eleven (11) Common/Other Lots on Approximately 21.51 Acres in a Proposed C-G, L-O and R-15 Zoning Districts MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS. OFFICE FINAL ACTION DATE: E-AAAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 21, 2014 ITEM NUMBER: $K PROJECT NUMBER: PP 13-031 ITEM TITLE: KNIGHTHILL CENTER Continued. From December 17, 2013 Public Hearing: PP 13-031 Knighthill Center by Mason and Stanfield Inc. Located Southwest Corner of N. Linder Road and W. Chinden Boulevard Request: Preliminary Plat Approval of Five (5) Commercial Lots and One (1) Common Lot on Approximately 9.11 Acres in the C-G Zoning District MEETING NOTES Sco~k ~-~~~`~ ~~d Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO gTAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 21, 2014 ITEM NUMBER: $L PROJECT NUMBER: MDA 13-019 ITEM TITLE: KNIGHTHILL CENTER Continued From December 17, 2013 Public Hearing: MDA 13-019 Knighthill Center by Mason and Stanfield, Inc. Located Southwest Corner of N. Linder Road and W. Chinden Boulevard Request: Modify the Recorded Development Agreement (Inst. # 1.06122368) to Incorporate a New Concept Plan and Update Certain Sections of the DA Pertinent to the Proposed Knighthill Center Subdivision MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 21, 2014 ITEM NUMBER: $M PROJECT NUMBER: PP 13-034 ITEM TITLE: GRAMERCY HEIGHTS Continued from January 7, 2014: Public Hearing: PP 13-034 Gramercy Heights by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way Between E. Blue Horizon Drive. Request: Preliminary Plat Approval Consisting of Thirty-Seven (37)Residential Lots and One (1) Common Lot on Approximately 5.59 Acres in an R-15 Zoning District MEETING NOTES ~,ll ~a~.o~ ~ --~,~ l a ~ ~--~~~11 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY 8ENT TO APPLICANT NOTEB INITIALS Meridian City Council Meeting DATE: January 21, 2014 ITEM NUMBER: $N PROJECT NUMBER: M DA 13-020 ITEM TITLE: GRAMERCY HEIGHTS Continued from January 7, 2014: Public Hearing: MDA 13-020 Gramercy Heights by Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way, Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Amend the Recorded Development Agreement (Inst. # 106141056) for the Purpose of Attaching the New Home Elevations Proposed with the Gramercy Heights Subdivision MEETING NOTES Community ltem/Presentations Presenter Contact Info./Notes. CLERKS OFFICE F/NAL ACTION DATE: E-NbULED TO .STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 21, 2014. ITEM NUMBER: $(~ .PROJECT NUMBER:. FP 13-049 ITEM TITLE: HACIENDA SUBDIVISION N0.4 FP 13-049 Hacienda Subdivision No. 4 by Jayo Investments, Inc. Located East Side of N. Meridian Road, Midway Between Chinden Boulevard and E. McMillan Road Request: Final Plat Consisting of Fifty-Three (53) Residential Lots and Nine (9) Common Lots on Approximately Twelve (12) Acres of Land in an R-8 Zoning District MEETING NOTES ~,~ ~.~~n Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO gTAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: January 21, 2014 ITEM NUMBER: 9A .PROJECT. NUMBER: ZOA 13-003 ITEM TITLE: ORDINANCE NO. Ordinance No. ) ~ _ ~ ~~ ~ : ZOA 13-003 UDC Text Amendment by City of Meridian Planning Division Request: Text Amendment to the Unified Development Code (UDC) in Regard to Fencing Adjacent to Pathways and Open Space; Common Driveways; Irrigation Easements; Off-Street Parking; Home Occupations; Definitions for Vehicles; Vehicle Sales or Rental Landscaping; Public Hearing Notice Signs; and Allowed Uses in the Industrial Districts MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-AAAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. ~ y ~ ~ 5 ~` ~ BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING MERIDIAN CITY CODE AS CODIFIED AT TITLE 11, ENTITLED THE UNIFIED DEVELOPMENT CODE, OF THE MERIDIAN CITY CODE PERTAINING FENCING ADJACENT TO PATHWAYS AND OPEN SPACE; COMMON DRIVEWAYS; IRRIGATION EASEMENTS; OFF-STREET PARKING; HOME OCCUPATIONS; DEFINITIONS FOR VEHICLES; VEHICLE SALES OR RENTAL LANDSCAPING; PUBLIC HEARING NOTICE SIGNS; ALLOWED USES IN THE INDUSTRIAL DISTRICTS; AND OTHER MISCELLANEOUS CLEAN UP ITEMS; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Unified Development Code is the official zoning ordinance for the City of Meridian and provides an opportunity to better support the Comprehensive Plan and provide a tool that is relevant and contemporary to the needs of the City; and, WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the health, safety and welfare of its citizens to incorporate changes to the Unified Development Code within the City of Meridian pertaining to fencing adjacent to pathways and open space; common driveways; irrigation easements; off-street parking; home occupations; definitions for vehicles; vehicle sales or rental landscaping; public hearing notice signs; allowed uses in the Industrial districts and other miscellaneous clean up items; to provide for orderly growth and development; and to carry out the policies of Meridian's Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code Section 11-1A-1, Unified Development Code, be amended in part as follows: 11-1A-1: DEFINITIONS OF TERMS: *** RECREATION ITEM, PERSONAL: The term "personal recreation item" shall include, but not be limited to, boat, snowmobile, motorbike. ^~~ and all-terrain vehicles. RECREATIONAL VEHICLE: A vehicle or portable structure primarily designed as temporary living accommodation for recreational, camping, and travel use. The term shall include. but not be limited to, motorhome. travel trailer. fifth wheel trailer truck camper fold-down camoin~ trailer park trailer, and travel trailer. ^^~' ^~ ~°~~^^~ ~^ ~~^"° ~^~° ~°~*~°^ ~~ 11 O ~k#~k JANUARY 2014 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA-I3-OO3 PAGE 1 OF 13 TRAILER: A vehicle without motive power desiened for carryine persons or property and for beine drawn by a motor vehicle. This term shall not include recreational vehicles. This term shall include but shall not be limited to, boat trailer horse trailer utility trailer snowmobile trailer all-terrain vehicle trailer, and motorbike trailer. *** VEHICLE: Shall include, but not be limited to, automobile, pickup truck, truck, motorcycle, bus recreational vehicle, ^°~°^^,~ ~*' '* or as otherwise defined in Idaho Code section 49-123 which includes every device in, upon, or by which any person or property is or may be transported or drawn ie~traTel t„ai*~ upon a public highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks. *** Section 2. That Meridian City Code Section 11-2A-3B, Unified Development Code, be amended in part as follows: 11-2A-3: STANDARDS: *** B. Minimum Street Frontage: 1. Properties with street frontages on cul-de-sacs or at approximately a ninety degree (90°) angle shall be a minimum of thirty feet (30') measured as a chord measurement. 2. Street knuckles shall be separated from through traffic by a landscape island. Properties with frontages on such knuckles shall be a minimum of thirty feet (30') measured as a chord measurement. 3. F^^+ ~' `'' ~^~ °^^" ^~ ^^~+•• Properties takine access from common driveways do not require street frontaee. be ~o, -,,,r-~m,-or ~o~~-~-.,--Nro~erties~haring-a semmen drive~~ ~4. Street frontage for flag properties +"^+ ^'^ ^^+ ~"^~^ ~ ~^°^^~^^ ~-~•~^ shall be a minimum of thirty feet (30'). *** Section 3. That Meridian City Code Section 11-2A-6, Unified Development Code, be amended in part as follows: 11-2A-6: MEDIUM-DENSITY RESIDENTIAL DISTRICT (R-8): The maximum gross density allowed is eight (8) dwellings per acre. Dimensional standards for development in the R-8 residential district shall be as follows: TABLE 11-2A-6 DIMENSIONAL STANDARDS FOR THE R-8 DISTRICT JANUARY 2014 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA-13-003 PAGE 2 OF 13 R-8 Standard ~ Requirement Minimum property size/dwelling unit (in square feet): Single-family detached dwelling unit with garage facing the 5,000 front property line Single-family detached dwelling unit with siaa~e~ common 4,000 driveway, alley loaded garage, or private street mew lots Single-family attached and two-family duplex dwelling unit ~ 4,000 Any corner property 5,000 ~~~ Minimum street frontage -single-family detached dwelling unit (in feet): With garage facing street ~ 50 With ~+veway, alley loaded garage, or private street 40 mew lots Minimum street frontage -single-family attached, townhouse, ' ' 40 and two-family duplex dwelling unit (in feet) Street setbacks to garage (in feet): Local ~ 20 Collector '~ 25 Street setbacks to living area (in feet): ~ ~ ~.. Local ~ 15 Collector I 25 __._ Side setback ~ 5 Rear setback ~ 12 Street landscape buffer (in feet): ~~ Collector ~~_ _ 20 Arterial r 25 ~~ Entryway corridor ~ 35 Interstate ~ 50 Maximum building height (in feet) ~ 35 .ow~~.. ~:_ ~- JANUARY 2014 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA-13-003 PAGE 3 OF 13 Note: 1.Measured from back of sidewalk or property line where there is no adjacent sidewalk. Section 4. That Meridian City Code section 11-3A-7A be amended as follows: 11-3A-7: FENCES: The following regulations shall govern the type, location, and construction of all fences: A. General standards: 1. When a fence is erected not in conjunction with a building permit for a principal use or building, a separate building permit is required. 2. Electric wire fencing shall be prohibited. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005 3. Barbed wire fencing shall be prohibited, except in the C-C, C-G, M-E, I-L, and I-H districts when: a) used as the top section for security fencing; and b) located a minimum of six feet (6') above grade to the bottom wire. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005; amd. Ord. 10-1439, 1-12-2010, eff. 1-18-2010) 4. The use of boxes, sheet metal, old or decayed wood, broken masonry blocks, or other like unsightly materials for fencing shall be prohibited. 5. No fence shall obstruct access to public utility boxes, meters or other infrastructure. 6. Fences shall be kept free from advertising and graffiti and maintained in good repair. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 7. Regulations for fences along pathways and common open space areas are set forth below: (Ord. 10-1439, 1-12-2010, eff. 1-18-2010) a. The developer is responsible for constructing fences adjacent to micropath connections to distinguish common from private areas. (Ord. OS-1170, 8-30-2005, eff. 9-15-2005) b. Fences adjacent to all pathways and common open space shall be: (Ord. 10-1439, 1- 12-2010, eff. 1-18-2010) (1) An open vision fence up to six feet (6') in height, as it provides visibility from adjacent homes or buildings; or (2) If closed vision fencing is used, it shall not exceed four feet (4') in height. This does not allow four feet (4') of closed vision fence with two feet (2') of open vision fencing. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) c. Other fences located within the rear or side vard shall be set back a minimum of eight feet (8') from the propertv line. Within the rear vard other fences shall not exceed fifty percent (50%) of the propertv width. d. These restrictions are intended to apply to fencing along interior common open space areas and pathways. They are not intended to apply to street buffers or entryway landscaping strips. These restrictions are not intended to require fencing on interior common open space. (Ord. 10-1439, 1-12-2010, eff. 1-18-2010) 8. A fence constructed in the public right of way shall require a license agreement from the transportation authority. 9. If an owner or applicant desires to obtain an alternative compliance from the provisions of this section, the procedure shall be in accord with chapter 5, "Administration", of this title. JANUARY 2014 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA-13-003 PAGE 4 OF 13 10. See subsection 11-3A-6B2 of this article for additional fencing requirements along irrigation ditches, laterals, canals, and/or drains. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 11. Where screening is required in this title, chainlink fencing with or without slats does not *** qualify as a screening material. Section 5. That Meridian City Code section 11-3C-5 be amended as follows: 11-3C-5: PARKING STANDARDS FOR ALL OTHER USES NOT SPECIFIED: *** - - - --- ----. ..._, -r r.....,, .,. ..,................. , i i i i Section 6. That Meridian City Code section 11-3C-6 be amended as follows: 11-3C-6: REQUIRED NUMBER OF OFF STREET PARKING SPACES: A. The minimum number of required off street vehicle parking spaces for residential uses shalt be in accord with table 11-3C-6 of this section. TABLE 11-3C-6 REQUIRED PARKING SPACES FOR RESIDENTIAL USE Number Of Bedrooms (Per ;' Use And Form Unit) Required Parking Spaced Age restricted elderly housing ~1 0.5 per bed e. 2 per dwelling unit; at least 1 in an enclosed garage, other space may be enclosed or a minimum 10 foot by 20 foot parking padZ 2 per dwelling unit; at least 1 in an enclosed garage, other space may be enclosed or a minimum 10 foot by 20 foot parking padZ 4 per dwelling unit; at least 2 in an enclosed garage, other spaces may be enclosed or a minimum 10 foot by 20 foot parking padZ 6 per dwelling unit; at least 3 in an enclosed garage, other spaces may be enclosed or a minimum 10 foot by 20 foot parking padZ JANUARY 2014 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA-13-003 PAGE 5 OF 13 _.. -- . ---..~_. __- _.-~ m .----_ Dwelling, multi-family3 1 1.5 per dwelling unit; at least 1 in a covered (triplex, fourplex, apartments, carport or garage i etc.) - ~. 2/3 2 per dwelling unit; at least 1 in a covered carport or garage 4+ 3 per dwelling unit; at least 2 in a covered carport or garage v' ~~ Dwelling, secondary 1 As set forth above for single-family dwellings as determined by the total number of bedrooms on the property Vertically integrated ~ 13 per dwelling unit ~ residential4 2/3 ' ~ 1 per dwelling unit ~, 4+ ~ 1 per dwelling unit ,_..: Notes: 1. The size of the garage or carport required for dwelling units shall be measured by exterior dimensions and shall be at least 10 feet by 20 feet fora 1 space garage or carport and 20 feet by 20 feet fora 2 space garage or carport. 2. The parking pad shall be measured from edge of sidewalk or edge of paved travel lane (public street, private street, or alley) where no sidewalk exists. 3. For condominium projects, the required number of parking spaces shall be determined by the director based on the proposed development. If the proposed development issimilar to asingle-family development, such standards shall apply. If the proposed development issimilar to amulti-family apartment complex, such standards shall apply. 4. The required number of parking spaces for the residential portion of a vertically integrated project shall be in addition to that required for nonresidential uses as listed in subsection B of this section. B. The following standards shall apply for off street vehicle parking for nonresidential uses: 1_In all commercial ~"~ and residential district , the requirement shall be one space for every five hundred (500) square feet of gross floor area. 2. In all industrial districts the requirement shall be one space for every two thousand (2,000) square feet of gross floor area. 3. In all traditional neighborhood districts the requirement shall be one space for every one thousand (1000) square feet of I=.ross floor area. Lawfully existing structures in traditional neil;hborhood districts shall not be required to comply with the requirements of this section except when a proposed addition increases the number of off-street parkine spaces normally required, then the applicant shall provide additional parkin; as set forth in this section. 4_In circumstances where there would appear to be a public safety issue, the director may request additional information from the applicant to determine if there is sufficient parking. When in the determination of the director there is insufficient parking, the applicant shall provide alternatives to er+~si~e off street parking asset forth in section 11-3C-7 of this article. The determination by the director shall be based on the following criteria: (Ord. 05-1170, 8- 30-2005, eff. 9-15-2005; amd. Ord. 06-1241, 7-5-2006, eff. 7-15-2006) JANUARY 2014 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA-13-003 PAGE 6 OF 13 ~a. The specific use(s) proposed and/or on the property; fib. Uses in the vicinity of the property; ~c. A traffic study, if prepared, forecasting the expected traffic and parking needs expected from the use(s); 4d. The availability of on street, shared, and/or public parking within the vicinity of the use; and/or fie. The availability of public transit, vanpooling or other alternative transportation to serve the use. **,~ H. If the calculation of the number of off street parkins spaces results in a fraction such number shall be rounded up or down to the next whole number fractions less than one-half (0 5) shall be rounded down to the whole number and fractions which are one-half (0 5) and sreater shall be rounded up to the next hisher whole number. Section 7. That Meridian City Code section 11-3C-7 be amended as follows: 11-3C-7: PARKING STANDARDS-F~f~ ALTERNATIVES Tn nni ciTr onovir,~c; Alternatives to providing ee-site off street parking as set forth in this section are encouraged in all developments. When required to meet minimum parking standards of sections 11-3C-5 and 11-3C-6 of this article, alternatives shall include, but not be limited to, shared use facilities, public-private partnerships for facilities such as parkins structures or bicycle locker and storase areas access to transit and availability of other forms of transportation such as car pools and vanpools. A. Favorable Conditions: Conditions favorable to providing alternatives to e~-3i~e off street parking are as follows: 1. Shared use: a. There are convenient pedestrian connections between separate properties; b. The properties and/or uses are within one thousand feet (1,000') of each other; c. The principal operating hours of the uses are not in substantial conflict with one another; and d. Directional signs provide notice of the availability of parking. 2. Alternative transportation: a. There is a transit stop within one-fourth (1/4) mile of the use; or b. There is an incentive program for car pooling, vanpooling, or transit supported by the employer. 3. OId Town (O-Tl District: In addition to the alternatives listed herein properties within the Old Town (O-T) District are also elisible for the provisions listed in 11-3C-7D ~B. Shared Use Agreement: 1. All parties involved with the shared use parking area shall submit a written agreement to the director, signed by the applicable parties involved. The agreement shall specify the following: a. Party or parties responsible for construction; and b. Party or parties responsible for maintenance. 2. The applicant or owner shall record such agreement with the Ada County recorder prior to issuance of any permits. JANUARY 2014 UPDATE UNIFIED DEVELOPMENT CODE TExr AMENDMENT ORDINANCE - ZOA-13-003 PAGE 7 OF 13 3. The shared use parking agreement may be terminated by the parties only if off street parking is provided in conformance with this article and approved by the director prior to the termination. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) ~C. Alternative Transportation: Where alternative modes of transportation are available, ee-site off street parking may be reduced by an equivalent amount to the demand that is met by the alternative transportation mode, as documented in a transportation plan prepared by a registered engineer. D. Old Town (0-T) District Alternatives: To encouraee creative parkine solutions the followine alternatives are also available to properties located in the Old Town (O-T) District• Credit: Anv addition or new construction on property where a lawful structure exists the applicant is elieible for an existine structure credit. Off street parkine for the existine square footaee of a structure shall not be required provided the applicant apply for a parkine credit Unless otherwise explicitly required by previous city approval existine off street parkine need not be retained on properties where additions and new construction is proposed The followine must be satisfied to obtain a parkine credit: a. The existine square footaee shall be verified throueh the Ada County Tax Assessor's records. b. For existine structures to be demolished, the square footaee of the new structure shall be equal to or ereater than the existine structure. c. For existine structures to be demolished, construction of a new structure shall commence within eiehteen (18) months of demolition permit issuance 2. Innovative Solutions: The city recoenizes that there may be innovative parkine proposals that conform to the purpose, intent, and objectives of this article but were not anticipated in the specific reeulations. This sub-section sets forth a method for compliance in the event an innovative parkine solution is proposed. The director may approve or recommend approval of, an innovative alternative parkine solution in Old Town when the followine are satisfied• a. Meridian Development Corporation (MDC) recommendation• The applicant or owner shall obtain a written recommendation on the parkine compliance method proposed from the Meridian Development Corporation (MDC) Board. Said recommendation from the. MDC Board shall accompany the submittal of a development application To erant approval, the director shall determine the followine: i. The solution proposed mitieates the additional demand created by the new or expanded use: ii. The proposal will not neeatively impact nearby parkine or impair the character of surroundine properties: iii. Strict adherence or application of the parkine requirements on the subject site are not feasible or desirable in Old Town: and iv. The solution is not materially detrimental to public health safety or welfare JANUARY 2014 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA-13-003 PAGE 8 OF 13 E. The director may approve or recommend approval of an alternative off street parkins and loading plan, through the alternative compliance process specified in UDC 11-56-5 when the overall desien, as proposed by the applicant meets or exceeds the intent and the reauirements of this article ~~""^ "°^'*" ^F * and~e~e Mitieatine circumstances mi>?ht include, but not be limited to access to an adeauate public transit system and/or an unusually low parkins demand Section 8. That Meridian City Code section 11-4-3-9A be amended as follows: 11-4-3-9: DAYCARE FACILITY: A. General standards for all child daycare and adult care uses, including the classifications of daycare center; daycare, family; and daycare, group: 1. In determining the type of daycare facility, the total number of s children at the facility ^"°'~ ~^' ''~~~~^^ +"° •'^~• at one time, including the operator's children, °f''';°^+° °' +"° ~^^;';+•• ^+ °^^ *' , is the determining factor. 2. On site vehicle pick up, parking and turnaround areas shall be provided to ensure safe discharge and pick up of clients. 3. The decision making body shall specify the maximum number of allowable clients and hours of operation as conditions of approval. 4. Upon tentative approval of the application by the director or commission for a daycare center facility, the applicant or owner shall provide proof of criminal background checks and fire inspection certificates as required by title 39, chapter 11, Idaho Code. Said proof shall be provided prior to issuance of certificate of zoning compliance. The applicant or owner shall comply with all state of Idaho and department of health and welfare requirements for daycare facilities. 5. In residential districts or uses adjoining an adjacent residence, the hours of operation shall be between six o'clock (6:00) A.M. and eleven o'clock (11:00) P.M. This standard may be modified through approval of a conditional use permit. 6. Prior to submittal of an application for an accessory daycare facility in a residential district, the applicant or owner shall hold a neighborhood meeting in accord with subsection 11-5A- 5C of this title. Notice of the neighborhood meeting shall be provided to all property owners of record within one hundred feet (100') of the exterior boundary of the subject property. The applicant shall not exceed the maximum number of clients as stated in the approved permit or as stated in this title, whichever is more restrictive. (Ord. 12-1514, 5-16-2012, eff. 5-21-2012) * ** Section 9. That Meridian City Code section 11-4-3-21 H is amended as follows: 11-4-3-21: HOME OCCUPATION: 7ANUARY 2014 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA-13-003 PAGE 9 OF 13 The following standards apply to all home occupation uses with the exception that strict adherence to the standards contained in subsections B, C, E, and F of this section in the TN-C and TN-R districts is not required: A. In no way shall the home occupation cause the premises to differ from its residential character in the appearance, lighting, signs, or in the emission of noise, fumes, odors, vibrations, or electrical interference. B. The home occupation shall be conducted entirely in the dwelling, and not more than twenty five percent (250) of the gross floor area of said dwelling shall be used for a home occupation or for storing goods associated with the home occupation. Materials may be stored in an attached garage or storage area, provided it shall not reduce the required off street parking below the standard established for that district. C. No activity connected to the home occupation or any storage of goods, materials, or products connected with a home occupation shall be allowed in any detached accessory structure. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) D. (Rep. by Ord. 07-1325, 7-10-2007) E. The home occupation shall not have more than two (2) outgoing pick ups per day from a common carrier. F. The home occupation shall be conducted by the inhabitants of the dwelling, and no more than one nonresident employee shall be permitted. G. The home occupation shall not serve as a headquarters or main office where employees come to the site and are dispatched to other locations. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) H. No retail sales shall be permitted from the dwelling except the sale of: 1) services or items produced or fabricated on the premises as a result of the home occupation; or 2) products secondarily related to the personal service aspect of the home occupation; or 3) products sold online that are delivered to customers by mail. (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) I. Off street parking shall be provided as set forth in section 11-3C-6 of this title, in addition to the required off street parking for the dwelling. (Ord. 06-1241, 7-5-2006, eff. 7-15-2006) J. All visits by clients, customers, and/or employees shall occur between the hours of eight o'clock (8:00) A.M. and eight o'clock (8:00) P.M. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) K. The home occupation shall only be allowed as an accessory use to an allowed residential use. (Ord. 10-1439, 1-12-2010, eff. 1-18-2010) Section 10. That Meridian City Code section 11-4-3-38 is amended as follows: 11-4-3-38: VEHICLE SALES OR RENTAL: A. Vehicle repair may be allowed as an accessory use, subject to the standards for vehicle repair, major and minor, in the district where the use is located. JANUARY 2014 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA-13-003 PAGE 10 OF 13 B. Inoperable or dismantled motor vehicles shall be stored behind a closed vision fence, wall, or screen or within an enclosed structure and shall not be visible from any street. C. Automotive sales and rental areas shall be subject t D. o the minimum perimeter landscape requirement of parking areas in chapter 3, article B, "Landscaping Requirements", of this title. E. In addition to chapter 3, article B, "Landscaping Requirements", of this title, one square foot of landscaping for every fifty (50) square feet of vehicle display area, ^^~' ^^^ +-^^ ~^- ^••^-•• +••-^ `~e"d'°'' ~'^^' ` ^ F^^+ ^{ shall be provided. (Ord. 05-1170, 8-30-2005, eff. 9- 15-2005) F. Vehicle display pads are prohibited in the required landscape buffers. (Ord. 10-1439, 1-12-2010, eff. 1-18-2010) G. Vehicle display areas shall incorporate desien features including; but not limited to landscape islands, curbingJ, and pedestrian walkways that define main drive aisles and internal circulation patterns. Section 11. That Meridian City Code section 11-SA-SD is amended as follows: 11-5A-5: PUBLIC HEARING PROCESS: *** D. Posting Of Public Hearing Notice: 1. Required: All applicants for applications requiring a public hearing shall post the subject property, except posting is not required for a unified development code text amendment, comprehensive plan text amendment, vacation, comprehensive plan map amendment initiated by the city, and/or short plat. (Ord. 12-1514, 5-16-2012, eff. 5-21-2012) 2. Time Frame: Not less than ten (10) days prior to the hearing, the applicant shall post a copy of the public .hearing notice of the application on the property under consideration. Except as noted herein, posting of the property must be in substantial compliance with the following requirements: a. Conditional use permit applications for daycare, group; and annexation, preliminary plat, variance, rezone, and comprehensive plan amendment applications for properties of land less than three (3) acres in size: The applicant shall post a sign consisting of one 11-inch by 17-inch piece of paper mounted to a rigid surface of at least equal size, or other material stating the name of the applicant, a statement concerning the proposed development, and the date, time and location of the public hearing. b. All other hearings shall require the following posting notice: (1) The sign(s) shall consist of four foot by four foot (4' x 4') plywood or other hard surface mounted on two (2) 4-inch by 4-inch posts, or attached to another director approved support in such a manner that it is perpendicular to the roadway along which the sign is posted and the bottom of the sign is at least three feet (3') above the ground. (2) Centered at the top of the four foot by four foot (4' x 4') signboard(s) in six inch (6") letters shall be the words "C+t~-9# .Meridian Public Hearing Notice" and the date of hearing. In addition, each sign will inform the public of the nature of the hearing, the date, time and address of the JANUARY 2014 UPDATE UNIFIED DEVELOPMENT CODE TEXT AMENDMENT ORDINANCE - ZOA-13-003 PAGE 11 OF 13 hearing location, a summary of the proposal to be considered, a city contact phone number, +"^'^~~}~^^ ^f+"^ •+^~•^'^^m^^* and the name of the applicant, and if applicable, the proposed development. Each sign shall be painted white, and the letters shall be painted black and shall appear on both sides. An example of this sign is set forth below: (Ord. 05- 1170, 8-3-2005, eff. 9-15-2005) CITY OF MERIDIAN PUBLIC HEARING NOTICE size - six inches (t3'} Meridian Plannin and Zonin Commissl ~ 9 THE CITY OF MERIDIAN wiA hold a pub on size = January 1, 204i, at 7:00 p.rn. at the City Hall two inches (2') (83 E, Broadway}. 51za = PIAiPOSE: Annex oning -You Nwne it Subdiviaia~r Zoning Rte, 3 urinary Plat, 7.88 acres, 29 lots, aingle- one and one-half family d of open spaaaldrainags wllandscape entryway. inches (i.s) ERTY LOCATION: SW corner pf Uatick Rd. and Linder Rd. APPLICATIOFI BY: John and Jane Dee Contact a Clty Flamer at 884-5538 with ®ny questions. Size = six inches (6") Size = two inches (2") Size = one inches (1") Size = two inches (2") MERIDIAN PU6LIC HEARING NOTICE JANUARY 1, 2013 Planning and Zoning Commission 6:t~ pm -Meridian City Hall (33 E. Broadway) [9liRPOSE: Mtiexation and Zonin-You Name it wbdFvision- Yonlr~ R~ and PreNminary Pht ataproval ~ ~ 54 single family bts and 6 common lots on approximatey x.27 saes. ~ AvPUUna~i ar: lobo and lane ooe Contact the City at 884-5533 Section 11. That Meridian City Code section 11-tiC-3D is amended as follows: 11-tiC-3 STANDARDS: *** D. Common Driveways: JANUARY 2014 UPDATE UNIFIED DEVELOPMENT CODE 'I~XT AMENDMENT ORDINANCE - ZOA-13-003 PAGE 12 OF 13 Meridian City Council Meeting DATE: January 21, 2014 ITEM NUMBER: 9B PROJECT NUMBER: RZ 13-011 ITEM TITLE: ORDINANCE NO. Ordinance No. ~ a ~ ~ 5~ 3 An Ordinance (RZ 13-011 -Crimson Maple) .For The Re-Zone Of A Parcel Of Land Situated In The Northeast Quarter Of The Northeast Quarter Of Section 12, Township 3 North, Range 1 West, Boise Meridian, City Of Meridian, Ada County Idaho; Establishing And Determining The Land Use Zoning Classification Of R-15 (Medium-High Density Residential) Zoning Districts In The Meridian City Code; And Providing For A Waiver Of The Reading Rules; And Providing An Effective Date MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-AAAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher O. Rich AMOUNT ,00 5 BOISE IDAHO 01!23114 10:3<i AM RECO DED C REQUEST OF III I'~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~I~ Meridian City 1140~57~4 CITY OF MERIDIAN ORDINANCE NO, I ~"1 - ~ ,~~~ BY THE CITY COUNCIL: BIRD, BORTON, ROUNTREE, ZAREMBA, CAVENER, MILAN AN ORDINANCE {RZ I3-01.1. -CRIMSON MAPLE) FOR THE RE-ZONE OF A PARCEL OF LAND SITUATED N THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA. COUNTY IDAHO; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF R-15 (MEDIUM-HIGH DENSITY RESIDENTIAL) ZONING DISTRICTS 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.' Crimson Maple Townhomes, LLC SECTION 2. That the above-described real property is hereby re-zoned from the R-8 (Medium Density Residential) zoning district to the R-15 (Medium-High 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. RE-ZONE ORDINANCE - RZ 13-011 CRIMSON MAPLE Page 1 of 3 ~\ 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 (1I2) 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 4F THE CITY OF MERIDIAN, IDAHO, this ~ ~ s+ day of --~ar~va;,~ , 2014. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~t s~ ~ 1 day of ~~ „Z,: , 201.4. -----~._ --~w,~.. ~~- MAYOR TA de WEERD ATTEST: ~a~4~4p„gT?DA~f(;Zigr~w o ~._ City of ___ _ IAN~- JA C E MAC,-~i Y :oAHo ~, rF, Sl:~. ~ ~•,, a~' ~~ ° ~ t 9 e T A f. (.5~1~''~ RE-ZONE ORDINANCE - RZ 13-01.1 CRIMSON MAPLE Page 2 of 3 ~~ ~\ ~\ STATE OF IDAHO, ) ss: County of Ada ) On this a~ day of -~0.rwr~, , .2014, before me, the undersigned, a Notary Public in and for said State, personally appear TAMMY de WEERD and ,.Jay Jo~e.~ 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. .~, •~,~! ~ AR ?r ~'!~''~ •"'~ _ D ~; z ,, . ~, . .o. • (n i y ~ • ~ ~. 4Q" i •. ~' ~ . • • '•• `FATE ~~ .•` NOTARY FUBLIC FOR IDAHO RESIDING AT: MY COMMISSION P RES: ©1a p~ RE-ZONE ORDINANCE - RZ 13-011 CRIMSON MAPLE Page 3 of 3 EXHIBIT A I,e~al Description .•,. Crimson Maple 7ownhomes Properly i?escription A parcel of land situated in the Northeast Quarter of the Northeast Quarter of Section 12, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Norlheasf corner of said Northeast Quarter of the Northeast Quarter; thence South 0°20'30" East along the East boundary of saki Northeast Quarter of the Northeast Quarter a distance of Fifl5.fl6 feet (formerly South 805.80 feet of record) to the Northeast corner of Niday's Second Addition, which plat is an file in Book 19 of Plats at Page Sfl4, Records of Ada Cotrnly, Idaho; Thence South 89°48'35" West (formerly North 8fl°50'00" West of record} along the boundary line common to said Niday's Second Addition, Wilson Addition, which plat is on Tile in Book 12 of Plats at page 708, and Western Subdivision, which plat is on (Ile in book 24 of Plats and Rages 14fl8 and 14fl~J, in the office of the recorder of Ada County, Idaho, a distance of 828.00 feet to the true point of beginning; Thence South 0°20'30" East (fomterly South of record) along a westerly boundary of said Western Subdivision, a distance of•194,00 feet to a point on a Notch boundary of said Western Subdivision, thence South 89°48'36" West {formerly North 89°50'00° West of record) along a northerly boundary of said Western Subdivision a distance of 437.28 feet {formerly 437.00 East of record) to a point on the center line of an extended street known as West Fourth Sireel; Thence North 0°18'15" West.(formerly North 0°02'00° West of retard} along the extended center line of said West Fourth Street a distance of 80.00 feet; thence North 8fl°49'35" East parallel with a northerly boundary of said Western Subdivision, a distance of 137.Op feet; thence North U°18'15" West parallel with a westerly boundary of said Westem Subdivision a distance of 114.00 feet to a point on fiie extended most northerly boundary Tine of said Western Subdivision; thence North 69°49'35" East (formerly South 8fl°60'00" East of record) along the extended moss northerly boundary tine of said Western Subdivision, a distance of 300:16 feet to the true point of beginning. Said parcel contains 1.58 acres more or less. 5983 w. state St., &te, p, t3ofse, Ip 837'03, (208) 04G-8x37, FAX (200) 84G-11022 /~ Crimson Mnptett7.-13.011 . /~ cxHrsrr B LEGEND - " " - - - _ - --- dUUNDAhY I'UUNU BRASS'CAF ® CALCULAIEU I1CdNl L•1 fUUttU ~" RfdAlt ~l ! 1189' 49' 35'L JOD.IS' .,~.~.-~~ . .« ~ 1 .. 1 110' 18' 1YW 114.{X1' ~~ 1 1.59 AIRES • IIR9' AD' JS'E 137.00' !~ ~ I~ 1 ~i • • ' • 1 ~ Ilo 1e 15 w eooo r .. - ~ 689' 49' JS'Y/ 437.48' 1 • _ _ _ CV A'tAPLEAV1iNUL~ I •' .. ,rr4 r a~ . 0 -E0~ ~~ 100 ~1--T __~.-r_1-- -- - -_ :'1 f eel 1:1200 J.J. HOWARD R „=,~ `~:A`e 1i~ ° lip ° 1 t:R)NSON AtAPLE 16N11NOtAES fA:a7tri:/Y.MS1Y: vau ~wrN 7r. ~Agttl lq, a+~wv.+rep:.wwfN7e~+ 1" • l0>' .fit Woi4l EtUU11DARY FXHidll F'OR, RE. 20NE ~, Crimson MRple 12/_-I3-0! 1 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.14- PROVIDING FOR RE ZONING ORDINANCE An Ordinance of the City of Meridian granting re-zoning of a parcel of land situated in the Northeast Quarter of the Northeast Quarter of Section 12, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County. This parcel contains 1.59 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 Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the day of , 2014. City of Meridian Mayor and City Council By: Jaycee L. Holman, City Clerlc First Reading: 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 day of , 2014. William. L.M. Nary City Attorney /"~ ORDINANCE SUMMARY - RZ 13-011- CRIMSON MAPLE Page 1 Meridian City Council Meeting DATE: January 21, 2014 ITEM NUMBER: 10 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: E-AAAILED TO gTAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS