The Elko City Council will meet in regular session on Tuesday, November 28, 2017

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1 CTY OF ELKO CTY MANAGER 1751 COLLEGE AVENUE ELKO, NEV ADA (775) /FAX (775) The Elko City Council will meet in regular session on Tuesday, November 28, 2017 Elko City Hall, 1751 College Avenue, Elko, NV 89801, at 4:00 P.M., P.D.S.T. Attached with this notice is the agenda for said meeting of the Council. n accordance with NRS , the public notice and agenda was posted on the City of Elko Website, the State of Nevada's Public Notice Website, and in the following locations: ELKO COUNTY COURTHOUSE 571 daho Street, Elko, NV Date/Time Posted: November 21, 2017 at 8:50 a.m. ELKO COUNTY LBRARY 720 Court Street, Elko, NV Date/Time Posted: November 21, 2017 at 9:00 a.m. ELKO POLCE DEPARTMENT 1448 Silver, Elko NV Date/Time Posted: November 21, 2017 at 8:40 a.m. ELKO CTY HALL 1751 College Avenue, Elko, NV Date: Time Posted: November 21, 2017 at 8:30 a.m. Posted by: Kim Wilkinson Name Administrative Assistant Title :3f Signature The public may contact Kim Wilkinson by phone at (775) or at kwilkinson@elkocitynv.gov to request supporting material for the meeting described herein. The agenda and supporting material is available at Elko City Hall, 1751 College Avenue, Elko, NV or on the City website at Dated this 2l8t day of November, 2017 NOTCE TO PERSONS WTH DSABLTES Members of the public who are disabled and require s meeting are requested to notify the Elko City Council or by calling (775) Curtis Calder, City Manager

2 CTY OF ELKO CTY COUNCL AGENDA REGULAR MEETNG 4:00 P.M., P.D.S.T., TUESDAY, NOVEMBER 28, 2017 ELKO CTY HALL, 1751 COLLEGE A VENUE, ELKO, NEV ADA CALL TO ORDER The Agenda for this meeting of the City of Elko City Council has been properly posted for this date and time in accordance with NRS requirements. ROLLCALL PLEDGE OF ALLEGANCE COMMENTS BY THE GENERAL PUBLC Pursuant to N.R.S. 241, this time is devoted to comments by the public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item on the agenda until the matter itself has been specifically included on a successive agenda and identified as an item for possible action. ACTON WLL NOT BE TAKEN APPROVAL OF MNUTES: November 14, 2017 Regular Session. PRESENTATON A. A presentation of an Appreciation Plaque to Parks and Recreation Advisory Board Member Kent Aveson for his many years of service, and matters related thereto. NFORMATON ONLY -NON ACTON TEM. PERSONNEL A. Employee ntroductions: 1.) Sadie Pope, Animal Shelter Worker, Animal Shelter. APPROPRATONS A. Review and possible approval of Warrants, and matters related thereto. FOR POSSBLE ACTON B. Review, consideration, and possible issuance of final acceptance for the Effluent Reuse and Sanitary Sewer to the Elko Sports Complex Project, and matters related thereto. FOR POSSBLE ACTON The project is complete. There were two change orders for the project. One change order was deductive in the amount of $644, for removing the river 11/28/2017 City Council Agenda 1

3 crossing and railroad bores from the scope of work (this includes a reduction in mob/demob costs of $31, or 50% of the bid price). There was one additive change order in the amount of $10, for an additional 130 feet of pipeline installation. RL C. Review, consideration, and possible authorization to solicit Requests for Qualifications for architectural services for the new combined Water/WRF Shop Design Project, and matters related thereto. FOR POSSBLE ACTON This project is budgeted in the current fiscal year budget with a 50/50 allocation between Water and WRF Budgets. The location would be on the vacant lot adjacent to the WRF. RL D. Review, consideration, and possible authorization to solicit bids for the WRF Fill Station Project, and matters related thereto. FOR POSSBLE ACTON This project is budgeted in the current fiscal year budget. The project would consist of a reuse water fill station with card reader system and would be located on vacant property adjacent to the WRF. RL E. Review, consideration, and possible authorization to solicit bids for the Secondary Clarifier #3 Construction Project, and matters related thereto. FOR POSSBLE ACTON A third Secondary Clarifier is required at the Water Reclamation Facility to provide settling and allow adequate removal of solids from the water. This project was approved in the FY 2017 /18 Budget. RL V. UNFNSHED BUSNESS A. Review, consideration, and possible approval of a Special Reimbursement Agreement for construction costs to extend a 12" water main under 1-80 Right of Way on Sheep Creek Trail, and matters related thereto. FOR POSSBLE ACTON A developer is desiring to develop a parcel of property near Exit 298. n order to accomplish this objective, the developer will need to extend a water line from Cattle Drive down to, and across, the full frontage of the property they wish to develop in accordance with Section of City Code. The developer is asking for a Special Reimbursement Agreement, in accordance with Section (E) of City Code. The area they are requesting that agreement apply to is the portion within the 1-80 Right of Way where development cannot occur. Additionally, the developer is requesting oversize reimbursement from a 10" water main to a 12" water main and an extension connection fee reimbursement applicable to two parcels. 11/28/2017 City Council Agenda 2

4 V. NEW BUSNESS The original agreement has been adjusted based on direction from Council at the 11/14/17 meeting. RL A. Review, consideration, and possible approval of an amendment to Revocable Permit No. 3-17, filed by W ANRack, LLC to occupy a portion of the City of Elko Right-of-Way, to accommodate installation of a new fiber optic wide area network between school facilities, and matters related thereto. FOR POSSBLE ACTON Council reviewed the application for a revocable permit at their September 26, 2017 meeting and approved to enter into a license agreement with Warnack. Warnack has changed the Scope of Work to include more underground work rather than overhead lines and therefore requiring an amendment with new exhibits. CL B. Review, consideration, and possible approval of Revocable Permit No. 4-17, filed by Neider Hearing, LLC and Sonora LLC, to occupy a portion of the 5 th Street Right-of-Way as located adjacent to th Street, to accommodate installation of a new sign, and matters related thereto. FOR POSSBLE ACTON A sign permit was received for the business known as "Miracle Ear," which is owned by Neider Hearing, LLC. The business will be operated on real property owned by Sonora, LLC. The proposed monument sign is located in the City of Elko Right-of-Way. City Code requires they have a Revocable Permit to occupy the Right-of-Way. CL C. Review, consideration, and possible authorization for the California Trail Center Foundation to create a waypoint at the Elko Hot Hole, and matters related thereto. FOR POSSBLE ACTON D. Consideration and possible action to cancel the December 26, 2017 Elko City Council meeting, and matters related thereto. FOR POSSBLE ACTON E. Review, consideration, and possible re-appointment of four ( 4) members to the Parks and Recreation Advisory Board, and matters related thereto. FOR POSSBLE ACTON The terms for five (5) members serving on the Parks and Recreation Advisory Board expired on June 30, Colby Curtis, Harmony Stahl, Jim Conner, and Fred Beitia are seeking reappointment for another four year term. Kent Aveson is resigning his position from the Board. JW F. Review, consideration, and possible approval of a lease agreement between the City of Elko and the Elko Television District, for 2,500 square feet of property located at Elko Regional Airport, and matters related thereto. FOR POSSBLE ACTON 11/28/2017 City Council Agenda 3

5 The Elko Television District is requesting to lease 2,500 square feet of property in the vicinity of the airport beacon, for the purposes of installing a utility building and related Elko Television District equipment. A copy of the proposed lease has been included in the agenda packet for review. CC V. REPORTS A. Mayor and City Council B. City Manager C. Assistant City Manager D. Utilities Director E. Public Works F. Airport Manager G. City Attorney H. Fire Chief. Police Chief J. City Clerk K. City Planner L. Development Manager M. Administrative Services Director N. Parks and Recreation Director 0. Civil Engineer P. Building Official COMMENTS BY THE GENERAL PUBLC Pursuant to N.R.S. 241, this time is devoted to comments by the public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item on the agenda until the matter itself has been specifically included on a successive agenda and identified as an item for possible action. ACTON WLL NOT BE TAKEN NOTE: The Mayor, Mayor Pro Tempore, or other Presiding Officer of the City Council reserves the right to change the order of the agenda, and if the agenda has not been completed, to recess the meeting and continue on another specified date and time. Additionally, the City Council reserves the right to combine two or more agenda items, and/or remove an item from the agenda, or delay discussion relating to an item on the agenda at any time. ADJOURNMENT Curtis Calder City Manager 11/28/2017 City Council Agenda 4

6 City of Elko County of Elko State of Nevada ) ) ) ss November 14, 2017 The City Council of the City of Elko, State of Nevada met for a regular meeting beginning at 4:00 p.m., Tuesday, November 14, ROLL CALL This meeting was called to order by Mayor Chris Johnson. Mayor Present: Council Present: City Staff Present: Chris J. Johnson Councilman John Rice Councilwoman Mandy Simons arrived at 4:02pm Councilman Robert Schmidtlein Councilman Reece Keener Curtis Calder, City Manager Scott Wilkinson, Assistant City Manager Ryan Limberg, Utilities Director Shanell Owen, City Clerk Candi Quilici, Accounting Manager Aubree Barnum, Human Resources Manager Cathy Laughlin, City Planner Ben Reed Jr., Police Chief Jeremy Draper, Development Manager Bob Thibault, Civil Engineer Jeff Ford, Building Official Matt Griego, Fire Chief John Holmes, Fire Marshal James Foster, Airport Manager Dennis Strickland, Public Works Director James Wiley, Parks and Recreation Director Jonnye Jund, Administrative Services Director Dave Stanton, City Attorney Diann Byington, Recording Secretary PLEDGE OF ALLEGANCE COMMENTS BY THE GENERAL PUBLC Pursuant to N.R.S. 241, this time is devoted to comments by the public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item on the agenda until the matter itself has been specifically included on a successive agenda and identified as an item for possible action. ACTON WLL NOT BE TAKEN There were no public comments. 11/14/2017 City Council Minutes Page 1 of14

7 APPROVAL OF MNUTES: October 24, 2017 Regular Session The minutes were approved by general consent.. PRESENTATONS A. A presentation of a Years of Service Plaque to Dennis Flavin, Parks Department, and matters related thereto. NFORMATON TEM ONLY-NON ACTON TEM Mayor Johnson read the plaque and presented it to Dennis Flavin. Dennis Flavin said a few words in appreciation. Joe Carr recognized Mr. Flavin and his years of service with the City of Elko. His service and dedication has helped the Parks Department and especially our athletic facilities and fields. B. A reading of a proclamation by the Mayor in recognition of November 25, 2017 as Small Business Saturday, and matters related thereto. NFORMATON TEM ONLY-NON ACTON TEM Mayor Johnson read the proclamation and presented it to a representative from the DBA. C. A reading of a proclamation by the Mayor in recognition of November th, 2017 as Nevada Flood Awareness Week, and matters related thereto. NFORMATON TEM ONLY-NON ACTON TEM Mayor Johnson read the proclamation and presented it to Jeremy Draper, Development Manager.. PERSONNEL A. Employee ntroductions: 1.) Catherine Archuleta, Recreation Coordinator, Recreation Department Present and introduced.. APPROPRATONS C. Review, consideration, and possible approval of a Special Reimbursement Agreement for construction costs to extend a 12" water main under 1-80 Right of Way on Sheep Creek Trail, and matters related thereto. FOR POSSBLE ACTON A developer is desiring to develop a parcel of property near Exit 298. n order to accomplish this objective, the developer will need to extend a water line from Cattle Drive down to, and across, the full frontage of the property they wish to develop in accordance with Section of City Code. 11/14/2017 City Council Minutes Page 2 of14

8 The developer is asking for a Special Reimbursement Agreement, in accordance with Section (E) of City Code. The area they are requesting that agreement apply to is the portion within the -80 Right of Way where development cannot occur. Additionally, the developer is requesting oversize reimbursement from a 10" water main to a 12" water main and an extension connection fee reimbursement. RL Ryan Limberg, Utility Director, explained the backup documents are included in the agenda packet. He explained the reimbursement agreement. Mayor Johnson noted this agreement is only for seven years. f development doesn't happen in seven years there is no reimbursement? Mr. Limberg answered yes. Councilwoman Simons asked how the reimbursement works. Mr. Limberg answered her question by explaining all of the fees that would be reimbursed. We have money in our Capital Fund account to cover the costs. He explained some of the items that he feels the City should not reimburse. f the City considers doing this, we should pick up the actual hard construction costs through the 180 ROW but not the engineering, design, construction management and a few other costs. He recommended taking line items 1, 2, 3, 13, 14, 45, 46, engineering, administration and contingency out of the agreement. Councilman Rice asked if there has been another instance where the city has paid for something like this. Mr. Limberg could not think of a similar example. approximately 20 years ago. Anything remotely related was Scott Wilkinson, Assistant City Manager, thought this circumstance was unique. He felt the city should consider a possible reimbursement. n this case the pipe alignment is going to run perpendicular to the alignment of 180. There is no true frontage when we run that line perpendicular. The code requires road and utility construction on the full frontage but there is no frontage here. And as Mr. Limberg stated, there is no opportunity for reimbursement. This isn't a proposal of cost sharing for development; it's a proposal based on that very unique circumstance. Mr. Limberg said there is interest from more than one party on this project. Councilman Schmidtlein disclosed that Canyon Construction provided Golden Gate a bid proposal on this project. He didn't feel he had any pecuniary interest in this because there have not been any other negotiations regarding this and he believed they were going with another contractor. Councilman Rice said he would like to hear from the contractor regarding the line items that Mr. Limberg would like to exclude, as well as, the contingencies. 11/14/2017 City Council Minutes Page 3 of 14

9 ----- J Tom Ballew, High Desert Engineering, introduced all of the players that were present and gave some history on the project to date. The project is ready to go; they just need one more set of approvals. They have their permits and can start tomorrow. The oversizing is straight forward. They have struggled with the line items that Mr. Limberg spoke about. They are looking at this as a partnership. That is why they did the 1/3, 1/3, 1/3 split on the mobilization items. There is a number of ways to look at this. Those costs are part of the overall job and part of each section. Mr. Limberg cautioned council that the City does not partner with developers. t is defined in our City Code and staff has to follow the code. The difference here is the 180 frontage. f you partner with one developer, you will see more of these requests. Mr. Ballew felt the costs are needed as part of the project. For instance, the last two items, 45 and 46 the storm drains, are installed in that section of the line. They are not installed anywhere else. There are erosion control measures that are being taken in that section of the line. There are some legitimate costs there. Mr. Limberg thought he may have an error on those. Councilman Rice said he is worried about setting a precedence but still wants to be fair. Councilwoman Simons said in the end we cannot pay one penny outside of exactly the costs that occurred for that little section. f we do then everyone else gets that too. f you would not have to pay this amount of mobilization if you did not have to run it under the freeway, then we should prorate these costs. Councilman Schmidtlein felt we have to be careful here. f we jump on board and agree to pay all of these costs, we will be opening up a can of worms. The mobilization should be pro-rated. The erosion control; how much is required in that specific area? He also could not see where traffic control is required on that section underneath the highway. Mr. Ballew said they are happy to look at this. We tried to come up with what is fair. Those are lump sum items and they are hard to split up. Councilwoman Simons asked if they were to send this back and have all of the parties hash it out, would that put the project behind? Mr. Ballew answered no. Councilwoman Simons noted that would move the approval to the next meeting. Mr. Limberg asked council to summarize what they would like to see in the agreement. Councilman Rice wanted a true pro-rating on the shared costs. Councilwoman Simons said we don't participate in mobilization for anyone else. That can come back on us. 11/14/2017 City Council Minutes Page 4 ofl4

10 Mr. Limberg asked what if we either take the mobilization out or pay a percentage. On erosion control, perhaps Mr. Ballew can calculate an amount for this portion of the project. On traffic control #3, that should come out entirely. On items 13 and 14, the City should not pay for taping sleeves on this project. Those are for the benefit of future users, as well as this customer. On items 45 and 46, those are both in the 180 ROW and he would be willing to pay those. Engineering, administration and contingencies, can you give us your feelings on those items? Councilwoman Simons felt those items were already prorated. Councilman Rice said he sees the economic development value in this. Councilwoman Simons said lots of projects have economic development value and we do not participate in them. Mr. Ballew said the amounts for those costs are prorated. He offered to go back and do a line by line proration. Mr. Wilkinson said regarding the Exit 298 interchange, as staff looked at this and talked to the developers, an option is to allow that main we installed to continue being installed with development towards the 180 corridor at the interchange. As you get to that Right-of-Way there would be no further installation of the waterline under that interchange, but we have annexed property on the south side of the interchange. At some point, the City, if you went under the interchange, would be faced with these types of costs just to get the water over and serve the rest of the community. There would be no developer, period. What we worked out here is a less costly alternative. We also have some parties that are interested in looking at that. We have this 180 circumstance no matter which way you route the water, to try to get water service to that part of the community. The 180 corridor provides that special circumstance that the Council could rely on to say we are not setting a precedence going forward. ** A motion was made by Councilman Rice, seconded by Councilman Keener, to have staff go back and work with the developer: look at prorating 1, 2 and eliminate our cost share on item 3; we can agree to line items 45 and 46; agree to the engineering, administration and contingencies as they appear to be already prorated; and that would be thousands of dollars of savings on the City's part and that would also eliminate our cost share on 13 and 14. This can all be worked out before the next meeting. The motion passed unanimously. (5-0) After the motion and before the vote, Mayor Johnson said congratulations to Golden Gate on their new store in Wells. When the City of Elko takes on something new we need to be cautious of others. We are in a unique position. We want to encourage economic development but we need a good balance. The oversizing is a little different, which is definitely part of the policy. And then the request to get under the Right-of-Way. He didn't feel exactly right with the reimbursement of the Right-of-Way. He had asked about the total footage vs. how much goes under the Right-of-Way, and that number comes closer to the $160,000. f he looks at it from that angle he can look at the $160,000 again. Maybe the fair compromise would be to go where staff is recommending. The other side he sees is that he wasn't sure if it was fair to the City not to be part of the reimbursement as other properties come on board. Maybe there is a way that 11/14/2017 City Council Minutes Page 5 of14

11 says the cost for this project was $160,000, the City of Elko participates in $100,000 or $104,000, that's Golden Gate's share of that portion that goes underneath, and then we start divvying up that ROW. As other properties come on board, the total lineal costs would still be the same to the individuals that are coming on board, but then the City could get reimbursed some of that and then Golden Gate could get reimbursed. Maybe that is another way we can cut this. The City probably should and maybe it is better that we put this off for a bit, just to really identify that exposure of the other five or six crossings. Mr. Limberg mentioned that we have another developer out at the NYTC area that is going to need a sewer line under the 180. This issue will come again to Council. We want to make it so this property develops. Tonight he could settle on $100,000 or around there for the City to participate in, and see if it still pencils for them. Councilman Rice said he would be willing to amend his motion to include the guidance that Mayor Johnson provided in terms of the other inquiries that he felt staff should be making, that we ought to be able to consider. He did not restate his motion. Mr. Limberg said he would work with legal counsel on that. We haven't worked one that way before but we haven't been involved where we picked up a cost before. Councilman Rice said the guidance the Mayor is providing is really just looking at things down the road. Councilman Keener said his second still stands. COUNCL VOTED ON THE MOTON D. Review, consideration, and possible issuance of final acceptance for the WRF Digester No. 2 Concrete Preparation and Coating Project 2017, and matters related thereto. FOR POSSBLE ACTON The work is complete. Staff is pleased with the outcome and recommends issuance of final acceptance. There was one change order on the project in the amount of $15, The bid documents, based on best available information, called for removal of 6 feet of liner. The actual amount of liner removed was 1 lfeet which calculates out to 695 square feet at the bid item price of $23.00 per square foot. RL ** A motion was made by Councilman Keener, seconded by Councilman Schmidtlein, to issue Final Acceptance. The motion passed unanimously. (5-0) E. Review, consideration, and possible final acceptance of the Culvert Replacement at 6 th Street and Douglas Street, and matters related thereto. FOR POSSBLE ACTON At their September 12, 2017 meeting, Council awarded the bid for the Culvert Replacement at 6 th Street and Douglas Street to Acha Construction in the amount 11/14/2017 City Council Minutes Page 6 of14

12 of $39, There was one change order in the amount of $6, Acha Construction has successfully completed the project at this time. DS Dennis Strickland, Public Works Director, explained the change order on the project. Councilman Keener asked if we are hoping to get a FEMA reimbursement for this. (Yes) * * A motion was made by Councilman Schmidtlein, seconded by Councilwoman Simons, to approve the Final Acceptance of the Culvert Replacement at 6 th and Douglas Street. The motion passed unanimously. (5-0) F. Review, consideration, and possible authorization to solicit bids for the Sports Complex Project, and matters related thereto. FOR POSSBLE ACTON Council has taken several actions over time facilitating the advancement of the proposed Sports Complex. Staff is in the process of completing a final review of the project with the intent to refine the bid documents. SAW James Wiley, Parks and Recreation Director, explained the memorandum and went over the estimate that were included in the agenda packet. He requested authorization to solicit bids for this project. Mayor Johnson said we know we have money stored in the bank and we have pledges. What will that money cover? Will the bid paperwork include a base bid reflective of the money that we have? With all of this we will have some fields that will be able to have activity on them? Some of these things won't come until certain other things trigger them. Mr. Wiley said the estimate provided tonight is basically a base bid. ncluded in that memo, we are still in the process of refining what we would classify as bid alternates. Some can be delayed and some may not be necessary. At the end of the day we will be able to play ball down there. Scott Wilkinson, Assistant City Manager, said what we are hearing is that you want a base bid that wouldn't include some alternative funding of $1 million. The problem we face ifwe scale it back much more than what is proposed, the $1 million does go away. Mayor Johnson wants to make it so everyone could sleep at night. He doesn't want to be in a position where the City may not be able to complete the fields, leaving them unusable. Curtis Calder, City Manager, said under the funding available that we haven't talked about, months ago the City Council entered into an agreement with the Elko Park Foundation. We haven't started that fundraising effort because we had the Army Corp issue outstanding, and we wanted to coordinate our fundraising with the groundbreaking of the project to get excitement going. We see the Elko Park Foundation efforts, in conjunction with the City of Elko, fundraising for those smaller types of donations. Also coordinating "in kind" services that can be counted towards the large $1 million grant. All of that has to be coordinated once we know what our hard costs are. That's why we want to get out ahead right now, and get the authorization to solicit bids. We are going to have a base bid with add alt type bid structures and 11/14/2017 City Council Minutes Page 7 ofl4

13 hopefully by bidding it in the dead of winter we are going to get pretty competitive bids. We will be working on a press release that will encompass the Elko Park Foundation, the mining donations and the large grant donation. The press release will be the starting point to get some momentum on our fundraising. ** A motion was made by Councilman Rice, seconded by Councilman Keener, to authorize staff to begin the process of soliciting bids for the Sports Complex Project. The motion passed unanimously. (5-0) V. SUBDVSONS A. Review, consideration, and possible acceptance of public improvements for Golden Hills Unit 2 Phase 3 Subdivision, and matters related thereto. FOR POSSBLE ACTON Council approved the Final Map for Golden Hills Unit 2 Phase 3 on May 9, The developer has substantially completed the public improvements in accordance with the approved plans. The City is in receipt of the required certification of the project by the Engineer of Record. The developer has posted a maintenance bond in the amount of $34, with the City for the twelve month maintenance period upon acceptance of the public improvements. JD Jeremy Draper, Development Manager, explained we have another nine lots that are being built out by Braemar Construction. We hope to see this one wrapped up next year and look forward to the next one with them. ** A motion was made by Councilman Keener, seconded by Councilman Rice, to accept Golden Hills Unit 2 Phase 3 public improvements. V. UNFNSHED BUSNESS The motion passed unanimously. (5-0) A. Review, consideration, and possible authorization for the Arts and Culture Advisory Board to wrap traffic control boxes, NV Energy and other utility boxes in art as a part of a 2018 Art Project, and matters related thereto. FOR POSSBLE ACTON At the October 4, 2017 Arts and Culture Advisory Board meeting, the board took action to request authorization to pursue placing art on traffic control boxes and utility boxes located in different areas within the City. Authorization from other utilities would be sought prior to installation of the art. JD Catherine Wines, Arts and Culture Advisory Board (ACAB), invited everyone to the Mayor's Arts Awards. They have some very deserving people this year. She showed council the award that will be given out this year. The boot project is wrapping up. There have been some positive 11/14/2017 City Council Minutes Page 8 of 14

14 and a little bit of negative feedback. She explained the details of the proposed project and showed examples of what they would like to do. Mr. Calder said NV Energy saw this on our agenda and reached out to the City. They mentioned in order to do a project like this we would have to have an agreement with them. They said they would help us work through that agreement if it is approved but in other communities it has taken some time to put these agreements together. f we do this only on the City owned boxes then we would not need to bring NV Energy into this. Jonnye Jund, Administrative Services Director, asked if the ACAB would consider some of the boxes in residential areas. ** A motion was made by Councilman Rice, seconded by Councilwoman Simons, to authorize the Arts and Culture Advisory Board to reach out to NV Energy in regards to wrapping utility boxes with art, and City owned boxes as discussed. The motion passed unanimously. (5-0) V. NEW BUSNESS A. Review, consideration and possible approval of a request from the Elko DBA for a change to the closures for the 2017 Snowflake Festival to be held on December 9, 2017, and matters related thereto. FOR POSSBLE ACTON The DBA is requesting a change to close the Commercial Street and Railroad Street corridor parking sections a day earlier on December 8 th starting at 9:00 a.m., and ending at 9:00 p.m. on December 9, SO Shanell Owen, City Clerk, explained the application was included in the agenda packet. Staff has approved the event and the affected businesses have signed off. The only change is that they would like to close a day earlier this year. There will be a parade involved with the event as well. Rushele Melton, DBA, said they would like to close the corridor parking one day earlier than normal. They don't want to close the southbound or northbound exits of any kind. Everything else is exactly the same. The hope is to alleviate putting up the festival tents the day of. * * A motion was made by Councilwoman Simons, seconded by Councilman Rice, to approve the request from the Elko DBA for a change to the closures for the 2017 Snowflake Festival on December 9 th The closures start on the 8 th The motion passed unanimously. (5-0) After the motion and before the vote, Councilman Keener asked to clarify what the DBA is requesting. Ms. Melton said they want to close down three sections on each side of 5 th, just the parking corridor area and not the streets. Everything else will be the same. 11/14/2017 City Council Minutes Page 9 of14

15 COUNCL VOTED ON THE MOTON. B. Review, consideration, and discussion for the re-appointment of (3) three members to the Parks and Recreation Advisory Board, and matters related thereto. FOR POSSBLE ACTON The terms for (5) five members serving on the Parks and Recreation Advisory Board expired on June 30, Colby Curtis, Harmony Stahl, and Jim Conner are seeking reappointment for another four year term. Fred Beitia and Kent A veson are resigning from the Board. JW James Wiley, Parks and Recreations Director, asked this item be tabled. NO ACTON C. Review and possible approval of a Concessionaire Agreement with THE HERTZ CORPORATON, a Company for the operation of a car rental agency at the Elko Regional Airport, and matters related thereto. FOR POSSBLE ACTON On the 14 th day of February 2012 THE HERTZ CORPORATON, a Delaware Company entered into lease agreement with the Elko Regional Airport for a period of five years. The lease expired on February 14 th 2017.The annual revenue generated from this Concessionaire Agreement will be $5, plus an additional 10% of Gross Receipts. The Lease will be for a period of five (5) years commencing upon the execution of the Agreement. JF James Foster, Airport Manager, explained this is the final agreement with the concessionaires at the airport. * * A motion was made by Councilman Schmidtlein, seconded by Councilman Rice, to approve the Concessionaire Agreement with The Hertz Corporation, A Delaware Company, for the operation of a car rental agency at the Elko Regional Airport. The motion passed unanimously. (5-0) V. RESOLUTONS AND ORDNANCES A. Review, consideration, and possible adoption of Resolution No , a resolution finding it is in the best interest of the City to sell City owned real property without offering the property for sale to the public, and matters related thereto. FOR POSSBLE ACTON At the May 23, 2017 meeting, Council approved the sale of 5,676 square feet of a acre parcel (APN ) ofland adjacent to 309 Chris Avenue based on NRS Adoption of this Resolution finds that it is in the best interest of the City to sell City owned real property as a remnant without offering the property for sale to the public. Adopting this Resolution is the next step in the process to complete the sale. CL 11/14/2017 City Council Minutes Page 10 of 14

16 Cathy Laughlin, City Planner, explained it has been several months since this was brought to council. They obtained an appraisal for the parcel and it came back as $12,500. A Boundary Line Adjustment has been completed by the Kimber's engineer. There is a large sewer line going through the rear of the property and that delayed the process because they had to work through some of the issues associated with that. There is an easement recorded over the sewer line and it will be recorded as part of the deed for the sale. The Kimber's were present if Council had any questions for them. Councilman Schmidtlein asked regarding the costs of the appraisal, who is paying for that. Ms. Laughlin answered the Kimber's will be paying for that. Councilman Keener said some of the land is unusable on the lower end, but it looks like there will be a right angle drawn across the top. f the adjacent property owners wanted that excess property, would it be available? Ms. Laughlin answered that would have to be taken to the Parks and Recreation Advisory Board for their recommendation as we did this one. The Parks and Recreation Advisory Board recommended the City Council should sell that property and the proceeds of that sale to go towards the park having some funds to landscape the rest of the remainder. Ryan Limberg, Utilities Director, added that that we would want to retain access to that sewer main and we would not want that fenced in somebodies back yard. ** A motion was made by Councilman Keener, seconded by Councilman Rice, to adopt Resolution No The motion passed unanimously. (5-0) V. PETTONS, APPEALS, AND COMMUNCATONS A. Ratification of the Police Chief issuing a 30-day temporary Retail Liquor License and Caterer's Liquor License and issuing a regular Retail Liquor License and Caterer's Liquor License to Kevin A. Babcock, dba Silver Haze BBQ, located at 232 Silver Street, Elko, NV 89801, and matters related thereto. FOR POSSBLE ACTON Ratify a 30-day temporary Retail Liquor License and Caterer's Liquor License and issue a regular Retail Liquor License and Caterer's Liquor License to Kevin A. Babcock, dba Silver Haze BBQ, located at 232 Silver Street, Elko, NV BR Chief Reed explained we have a new restaurant. This license would apply to the business for their retail liquor sales as well as their catering liquor sales. Mr. Babcock has passed his background check and is good to go. He recommended approval. * * A motion was made by Councilman Rice, seconded by Councilwoman Simons, to ratify a 30-day retail liquor license and caterer's liquor license and issue a regular Retail 11/14/2017 City Council Minutes Page 11 of 14

17 Liquor License and Caterer's Liquor License to Kevin A. Babcock, dba Silver Haze BBQ, located at 232 Silver Street, Elko, NV. The motion passed unanimously. (5-0). APPROPRATONS (Cont.) A. Review and possible approval of Warrants, and matters related thereto. FOR POSSBLE ACTON ** A motion was made by Councilwoman Simons, seconded by Councilman Keener, to approve the regular warrants. The motion passed unanimously. (5-0) B. Review and possible approval of Print 'N Copy Warrants, and matters related thereto. FOR POSSBLE ACTON ** A motion was made by Councilwoman Simons, seconded by Councilman Rice, to approve the Print 'N Copy warrants. The motion passed. (4-0 Councilman Keener abstained.) X. REPORTS A. Mayor and City Council Councilman Keener said the tower is looking good. B. City Manager Curtis Calder commented there are other culverts that go under the Union Pacific tracks. We assume they are in the same condition so we will be monitoring them very closely. We will approach UP and ask them how they would like to approach the replacement/repair of them. He reported the arbitration proceedings that were holding back the recruiting of another officer have concluded C. Assistant City Manager Scott Wilkinson said Bob Thibault is looking at some survey information on those culverts to see if they can combine the falls into fewer outfalls or even one culvert. He reported on the fall clean-up day. D. Utilities Director E. Public Works F. Airport Manager G. City Attorney H. Fire Chief Chief Griego said they have been on their new fire records program for about a month. He handed out statistic sheet of the incidents in the month of October (Exhibit "A "). He also described another report that shows the incidents types per neighborhood. Police Chief Chief Reed reported there was an incident at the High School involving brandishing a firearm by a non-student. That suspect has been arrested. 11/14/2017 City Council Minutes Page 12 of 14

18 School resource officers were all over that incident. t is almost time for the Police annual award ceremony and the invites will be going out in the next couple of days. They are looking at getting involved in Crisis ntervention Training (CT) training. He would like to get all of the sworn officers trained in it. Bridgette will be graduating from the Police Academy on Thursday. J. City Clerk K. City Planner L. Development Manager M. Administrative Services Director N. Parks and Recreation Director 0. Civil Engineer P. Building Official COMMENTS BY THE GENERAL PUBLC Pursuant to N.R.S. 241, this time is devoted to comments by the public, if any, and discussion of those comments. No action may be taken upon a matter raised under this item on the agenda until the matter itself has been specifically included on a successive agenda and identified as an item for possible action. ACTON WLL NOT BE TAKEN Councilman Keener asked Ryan Limberg that in the warrants there was some air conditioning units for three of the well houses. s that to keep the equipment in there at the proper temperature? Ryan Limberg, Utilities Director, answered they get really hot inside the wells in the summer time. f they don't have some kind of cooling mechanism the heat deteriorates the electronics. Councilman Schmidtlein asked Jim Foster about some training that was going on outside one of the hangars. James Foster, Airport Manager, said that was a weather balloon launch for a company that is studying something between us and Colorado. They were out there this morning and did two balloon launches. They have been in communication with the food concessionaire and they are hoping it will open soon. Bill Hance, th Street, said about two weeks ago he tried to tum in a burned out street light to NV Energy and found out there is no way in their automated system to do that. He got in touch with Dennis Strickland in the Public Works Department because the light by his business at 10 th and Silver was out due to Frontier turning the breaker off after removing some of their equipment. The lights around his house has been out for quite a while. He talked to the lady at NV Energy for about an hour and hopefully they are going to have better communication with the Public Works Department on things getting turned in to get the street lights fixed. There is at least 100 of them out between the alleys and the other stuff in town. NV Energy is beginning to work on them. He noticed the light at the comer of 4 th and Court Street has been fixed and it has been out for some time. Kudos for the Public Works Department for keeping the lights on in their part and getting the others fixed. 11/14/2017 City Council Minutes Page 13 of14

19 There being no further business, Mayor Chris Johnson adjourned the meeting. Mayor Chris Johnson Shanell Owen, City Clerk 11/14/2017 City Council Minutes Page 14 of 14

20 Agenda tem 111.B. Elko City Council Agenda Action Sheet 1. Title: Review, consideration, and possible issuance of final acceptance for the Effluent Reuse and Sanitary Sewer to the Elko Sports Complex Project, and matters related thereto. FOR POSSBLE ACTON 2. Meeting Date: November 28, Agenda Category: APPROPRATON 4. Time Required: 3 Minutes 5. Background nformation: The project is complete. There were two change orders for the project. One change order was deductive in the amount of $644, for removing the river crossing and railroad bores from the scope of work (this includes a reduction in mob/demob costs of $31, or 50% of the bid price). There was one additive change order in the amount of $10, for an additional 130 feet of pipeline installation. RL 6. Budget nformation: Appropriation Required: $351, Budget amount available: 1.2M Fund name: WRF 7. Business mpact Statement: Not Required 8. Supplemental Agenda nformation: 9. Recommended Motion: Move to issue final acceptance 10. Prepared By: Ryan Limberg, Utilities Director 11. Committee/Other Agency Review: 12. Council Action: 13. Council Agenda Distribution: Created on 11/15/2017 Council Agenda Action Sheet Page 1 of 1

21 Agenda tem.c. Elko City Council Agenda Action Sheet 1. Title: Review, consideration, and possible authorization to solicit Requests for Qualifications for Architectural Services for the new combined Water/WRF Shop Design Project, and matters related thereto. FOR POSSBLE ACTON 2. Meeting Date: November 28, Agenda Category: APPROPRATON 4. Time Required: 3 Minutes 5. Background nformation: This project is budgeted in the current fiscal year budget with a 50/50 allocation between Water and WRF Budgets. The location would be on the vacant lot adjacent to the WRF. RL 6. Budget nformation: Appropriation Required: Budget amount available: $250, Fund name: Water and WRF 7. Business mpact Statement: Not Required 8. Supplemental Agenda nformation: RFQ 9. Recommended Motion: Move to authorize Staff to solicit RFQ's 10. Prepared By: Ryan Limberg, Utilities Director 11. Committee/Other Agency Review: 12. Council Action: 13. Council Agenda Distribution: Created on 11/14/2017 Council Agenda Action Sheet Page 1 of 1

22 CTY OF ELKO 1751 COLLEGE A VENUE ELKO, NEV ADA Request for Qualifications For Design Services for a New Combined Water and WRF Shop General The City of Elko is currently soliciting Statements of Qualifications (SOQ) from qualified architectural firms for the design services related to the following project: Design of a new combined Water and WRF Department Shop. Professional services for this project will include, but not limited to, architectural, mechanical, electrical, and civil design including all phases from schematic design to construction documents. The design work shall be completed no later than June 25, 2018 and the project budget for this work is $250, The project will consist of designing an expandable block industrial type building of approximately 23,000 square feet. Technical Expertise The City seeks to work with a team that has experience and a successful record working on publicly-owned projects of similar size and nature. The ability to forecast cost, respect budgets, and meet deadlines are factors for consideration. Required nformation/evaluation Criteria nterested firms are invited to submit one original and three copies of their SOQ that demonstrates their experience in performing projects of this scale and type. Documents shall be limited to twenty (20) pages (front and back) and should include: 1 General nformation (10 Points) o dentification of the firm/team submitting their SOQ. f a team of firms is proposed, the lead firm should be identified as the primary firm with the other firms listed as secondary firms. o A brief description of each firm/team member should be provided along with a

23 list of major services offered by each firm/team member. o Percentage of time that each person will be committed to the project. o Length of time with the firm. o Applicable professional registrations. Experience and qualifications of the firm/teams and key personnel (60 Points) o A summary demonstrating the firm/team's qualifications to meet the project requirements as outlined above. o A representative list of clients with contact names. o A representative list of projects of a scale and type similar to the project which is being considered by the City. The list should include the project location, description, project estimate, bid day cost, final construction cost, date of construction, services provided by your firm for the project, and owner contact name. o From the representative list of projects, discuss in detail the project your firm has completed that you believe most closely matches the effort which will be required for the project as outlined above. nnovative approaches used on other similar projects in a similar environment (10 Points) o dentify innovative approaches that were used in executing work on similar project(s). Also, discuss the particular expertise your firm/team offers and how you propose to use that expertise to benefit the City to add value to the project. Approach to Project Management (20 Points) o dentify the teams approach to project design and quality control of the design documents o Construction management practices and overall project cost control Selection Process A selection committee comprised of City Staff will review the SOQ's and will select a firm to be recommended to the City Council for the project. The selection committee may develop a short list not to exceed three firms to be interviewed by the committee before a recommendation is made for possible council approval. The interview process is an option that may occur depending on the original review by the selection committee. The City of Elko will not provide compensation or defray any costs incurred by any firm relating to the response of this request. The City reserves the right to negotiate with any and all persons or firms. The City also reserves the right to reject any and all SOQ's, or to accept any SOQ deemed most advantageous, or to waive any irregularities or informalities in any SOQ received, and to revise the process schedule as circumstances require. The City Council reserves the right to accept or reject the selection committee's recommendation and make its own decision 2

24 regarding the possibility of awarding a contract to whom the City Council feels is in the best interest of the City. Contact nformation Questions, clarifications, or requests for general information will be accepted up to ten (10) days prior to the date the submittals are required and are to be directed to: Submittals must be mailed or delivered to: Shanell Owen City Clerk City of Elko 1751 College A venue Elko, NV sowen@elkocitynv.gov Phone: Shanell Owen City Clerk City of Elko 1751 College Avenue Elko, NV All submittals must be received no later than 3:00 PM on Monday, January 8,

25 Agenda tem 111.D. Elko City Council Agenda Action Sheet 1. Title: Review, consideration, and possible authorization to solicit bids for the WRF Fill Station Project, and matters related thereto. FOR POSSBLE ACTON 2. Meeting Date: November 28, Agenda Category: APPROPRATON 4. Time Required: 5 Minutes 5. Background nformation: This project is budgeted in the current fiscal year budget. The project would consist of a reuse water till station with card reader system and would be located on vacant property adjacent to the WRF. RL 6. Budget nformation: Appropriation Required: Budget amount available: $350, Fund name: WRF 7. Business mpact Statement: Not Required 8. Supplemental Agenda nformation: 9. Recommended Motion: Move to authorize Staff to solicit bids 10. Prepared By: Ryan Limberg, Utilities Director 11. Committee/Other Agency Review: 12. Council Action: 13. Council Agenda Distribution: Created on 11/16/2017 Council Agenda Action Sheet Page 1 of 1

26 Agenda tem 111.E. Elko City Council Agenda Action Sheet 1. Title: Review, consideration, and possible authorization to solicit bids for the Secondary Clarifier #3 Construction Project, and matters related thereto. FOR POSSBLE ACTON 2. Meeting Date: November 28, Agenda Category: APPROPRATON 4. Time Required: 3 Minutes 5. Background nformation: A third Secondary Clarifier is required at the Water Reclamation Facility to provide settling and allow adequate removal of solids from the water. This project was approved in the FY 2017/18 Budget. RL 6. Budget nformation: Appropriation Required: Budget amount available: $3M Fund name: WRF 7. Business mpact Statement: Not Required 8. Supplemental Agenda nformation: 9. Recommended Motion: Move to authorize Staff to solicit bids 10. Prepared By: Ryan Limberg, Utilities Director 11. Committee/Other Agency Review: 12. Council Action: 13. Council Agenda Distribution: Created on 11/16/2017 Council Agenda Action Sheet Page 1 of 1

27 Agenda tem V.A. Elko City Council Agenda Action Sheet 1. Title: Review, consideration, and possible approval of a Special Reimbursement Agreement for construction costs to extend a 12" water main under 1-80 Right of Way on Sheep Creek Trail, and matters related thereto. FOR POSSBLE ACTON 2. Meeting Date: November 28, Agenda Category: UNFNSHED BUSNESS 4. Time Required: 7 Minutes 5. Background nformation: A developer is desiring to develop a parcel of property near Exit 298. n order to accomplish this objective, the developer will need to extend a water line from Cattle Drive down to, and across, the full frontage of the property they wish to develop in accordance with Section of City Code. The developer is asking for a Special Reimbursement Agreement, in accordance with Section (E) of City Code. The area they are requesting that agreement apply to is the portion within the 1-80 Right of Way where development cannot occur. Additionally, the developer is requesting oversize reimbursement from a 10" water main to a 12" water main and an extension connection fee reimbursement applicable to two parcels. The original agreement has been adjusted based on direction from Council at the 11/14/17 meeting. RL 6. Budget nformation: Appropriation Required: $148, (1-80) + $38, oversize=$186, Budget amount available: $186, Fund name: Water 7. Business mpact Statement: Not Required 8. Supplemental Agenda nformation: Construction cost bids, Agreement 9. Recommended Motion: Pleasure of the Council 10. Prepared By: Ryan Limberg, Utilities Director 11. Committee/Other Agency Review: 12. Council Action: 13. Council Agenda Distribution: Created on 10/25/2017 Council Agenda Action Sheet Page 1 of 1

28 WATER LNE SPECAL REMBURSEMENT AGREEMENT THS WATER LNE SPECAL REMBURSEMENT AGREEMENT (hereinafter the "Agreement"), made and entered into this day of November 2017 by and between the CTY OF ELKO, a municipal corporation and political subdivision of the State of Nevada, hereinafter referred to as the "City," and GOLDEN GATE PETROLEUM OF NEVADA, LLC, a Nevada Limited Liability Company, hereinafter referred to as the "Owner." 1. The City is a governmental entity to which is delegated the responsibility of providing water service to persons who reside within its corporate boundaries; 2. The Owner is engaged in the development of a business in the vicinity of Exit 298 known as the "Golden Gate Truck Center" located on the parcel bearing Assessor's Parcel Number (APN) and identified as "Golden Gate Petroleum" on the map attached hereto as Exhibit A (hereinafter the "Project"); 3. A 12-inch water line must be extended a distance in excess of 100 feet from an existing water main on Cattle Drive and across the nterstate 80 right-of-way in an area known as "Sheep Creek Trail," as shown on the maps attached hereto at Exhibit B; 4. The 12-inch water line is considered an "oversize" line, since only a 10- inch line is ordinarily required pursuant to Elko City Code Section (ECC) 9-l-35(A); 5. The area through which the water line will be extended is well suited for growth; 6. n accordance with ECC Section , the City has agreed to reimburse Owner for the construction of the water line across the nterstate 80 right-of-way and for the incremental cost difference of constructing a 12-inch water line less the cost of constructing a 0-inch water line; provided, the reimbursement for the oversize is a materials-only cost reimbursement without any reimbursement for labor; and 7. The Owner will incur the initial cost of the Project. Subsequently, as the two (2) parcels identified as APN ("Miller, Bruce and Sidnie") and APN ("Barrick Goldstrike Mines, nc.") on the map at Exhibit A are developed, the developers will pay water extension connection fees to the City. As those connection fees are collected, the City will pay the Owner for the Project cost that are reimbursable under this Agreement. NOW, THEREFORE, the City and Owner agree as follows:

29 The parties agree that the City will reimburse the Owner for a portion of the cost of water line construction and oversizing in accordance with ECC , as follows: a. The actual cost of constructing the water line at the locations shown on the map at Exhibit B shall be paid by the Owner, subject to the reimbursement provisions contained in this Section ; b. The actual cost of materials and labor for the construction of the water line across the nterstate 80 right-of-way shall be reimbursed to the Owner by the City in accordance with Subsection l ( d), below; c. The actual cost of materials for the incremental cost difference of constructing a 12-inch water line less the cost of constructing a 10-inch water line (all shall be reimbursed to the Owner by the City in accordance with Subsection { d), below; and d. The City shall only be required to reimburse the Owner following the collection of water extension connection fees paid to the City in accordance with the following procedure: () The City shall collect water extension connection fees from any person that develops either or both of the two (2) parcels identified as APN ("Miller, Bruce and Sidnie") and APN ("Barrick Goldstrike Mines, nc."), respectively, as shown on the map at Exhibit A. (2) As the foregoing water extension connection fees are collected, the City shall pay to the Owner an amount equal to the fraction the full frontage of the parcel served by such comection bears to the total length of the water line extension for the Project, multiplied by the actual cost to Owner of the water line oversize or extension as approved by the City, up to a maximum amount of $52.32/ft.: provided, in no event shall the City be required to pay to the Owner an amount in excess of the water extension connection fees that have been collected to date from the two (2) parcels identified in Subsection 1 ( d)( 1 ), above. e. Reimbursable costs pursuant to this Agreement are limited to materials and labor for the construction of the water line extension in the nterstate 80 right-of-way, and materials for the cost of oversizing the water line from 10-inches to 12- inches. The City shall not be responsible for any other costs associated with the Project, such as the cost of constructing the water line to the minimum 10-inch diameter, or costs for design, construction management, contingencies, mobilization, erosion control or traffic control. 2. The parties agree that the water line extension for the Project will be installed by the Owner in a diligent and workmanjike manner, according to the approved 2

30 plans and specifications, and in accordance with all applicable provisions contained in the Elko City Code, and that the foregoing are conditions precedent to the Owner's right to reimbursement hereunder. Where applicable, the Owner shall dedicate all water mains to the City in accordance with ECC 9-l-35(8). 3. Each party shall protect, indemnify and hold harmless the other party and the other party's officers and employees from any and all claims, damages, losses, expenses, suits, actions, decrees, judgments, attorney fees and court costs which the other party, its officers or employees may suffer as a result of, by reason of, or arising out of its negligent acts or omissions, or the negligent acts or omissions of its subcontractors or agents, to the extent such acts or omissions take place in relation to the fulfillment or performance of the terms, conditions or covenants of this Agreement. 4. Reimbursement from the City to the Owner for the cost of extending the water line will only be paid upon satisfactory completion of the work as determined by the City. 5. Any disputes arising hereunder shall be resolved in the Fourth Judicial District Court, in and for the County of Elko, State of Nevada. n the event of a dispute, the prevailing party shall be entitled to an award of reasonable attorney fees and costs. this Agreement replaces all prior agreements pertaining to the subject matter hereof and any further modifications or amendments must be in writing. 6. The City has determined that special conditions exist which justify reimbursement to the Owner on the foregoing basis, since there are presently no projected new water users above the water line extension and, thus, no ready mechanism for reimbursement through new connection fees. These conditions render portions of the reimbursement mechanism set forth in ECC (D) impractical. City. 7. This Agreement shall become effective upon the execution hereof by the N WTNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized representatives the day and year first above written. CTY OF ELKO, a municipal corporation and political subdivision of the State of Nevada By: CHRS J. JOHNSON Mayor 3

31 ATTEST: SHANELL OWEN, City Clerk GOLDEN GATE PETROLEUM OF NEVADA, LLC By: DENNS O'KEEFE Managing Member 4

32 EXHBT A

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39 GOLDEN GATE PETROLEUM SHEEP TRAL & WEST DAO STREET WATER MAN EXTENSONS E:1tensioD Calculations SOlmlOFl-80 EXTENSON AGREEMENT TEM DESCRPTON UNT QTY EXTENSON Mobilizalioa Mobilization L.S, S,19U6 2 &asion Control LS , Tnffic Control L.S. 0,2130 1,469,98 Eartltwork 4 Clearing & Gnibbilll! Acre 0,70 1, Unclassified Exc::iwtion CY 1,303,00 2, Unclassified Embanlcmcnt CY 1, , Type Ditch Lf Roadway Dilch LF, 1, ,400,00 9 CU1-olT Ditch LF.. - Watrr(Sbeep Trail) 10 20" Standard Weillht Steel Casing LF " Prcssun: Class 235 PVC Water l,f. 1, , " Prcssurc Class 23S PVC Water LF 20,00 1, B"x 12" Tapping Sleeve {Fig) F.ach " Tapping Valve Flg) Each - - S 12"xS- Tee (Fig) Each 00 2,200, " Gate Valve (J.lgxMJ) Each 00 2,900, " Gale Valve (Ml) E:icb " FlgxMJ Adapter F.ach " l-1/4" Bald (MJ) Each " End Plug (Ml) Each. 21 8" Gate Valve (FlgxMJ) Each " End Plug (MJ) Each 2,00 1, " Special Conslniction Restrained Joints Each 2.00 l,s00, " Pnmun: Class 235 PVC Waler LF "x8" Tee (MJxFls) Each 100 2, "x6" Tee (MJxFlg) Each - - so 8" Gale Valve (Fig) Each 2,00 3,40000 S 8" LalCr:li Fitting, Each 200 4,00000 S2 6" Gate Valve (FlgxMJ) F.ac:h - S3 Fire Hydrant F.acb. - Water{Wesl lit.ho SlrH) 24 Remove 12" End Plug Each 2S 12" Prcssun: Class 23S PVC Waler LF. 26 8" Pr=surc Class 235 PVC Water Lf "Tcc(Flg) Each 28 l2"x8" Tee (Fis) Each 29 12" Gate Valve (FlgxMJ) Each " FlgxMJ Adapter Each XB" Reducer (Fig) Each " End Plug (MJ) Each 33 B"Tcc (Fis) Each " Gate Valve (FliaMJ E.ach - - JS 8" FlgxMJ Adapter Each " End Plug (Ml) Each - 37 AU' Rclcaasc Val Assembly LS,. 38 Bollards Eac:h. - S4 6" Prcuun: Class 235 PVC Waler LF S 12"x8" Tee (MJxFlg) Each - - S6 12"x6" Tee (MJxFls) F.ach "x6" T cc {Fig) Each "x6" Tee (Fig) F.ach " Oalc Valve (FlgxMJ) Each f'in:hydrant Each WatcrScnricc Each.. Page 1 of 2

40 GOLDEN GATE PETROLEUM SHEEP TRAL & WEST DAHO STREET WATER MAN EXTENSONS Extemion Calculations SOUllfOFl-80 EXTENSON AGREEMENT TEM DESCRJPTON UNT Q1Y EXTENSON S.aib,y S-u (Wet Jdalio SD"eet) 39 Type Sanitary 5-Manhole Each Type 2 Sanitarv 5-Manhole Each " SDR-JS PVC ScWl:' LF " SDR-JS PVC Sewer LF " SDR-3S PVC Sewer LF " SDR-35 PVC Sewer LF. -. Stonal>nihl " ADS "N-12" Slonn Drain LF " ADS End Section Each. - Coutractioa Total s 116,20S.84 Engineering (HDE) 7.50% 8, Administration (FLC) 5.00%.5,il0.29 Conlingencics 2.50% 2,90S.S Estcmioa Sub-Total 133, Less Over Sizing (8,109.41) E1tc111loa Teal s.,. 125, Estcmiu c..t per Front Foot; Frontage (fed): Darrick: Miller. J, Swire: Total Franlllgc (feet): 2, Extension Total s 125, Total Encasloa Cast per froat Foat: s ste1uih Cat per property: &rrid:: s 44, Miller: 63, Swi 17, Total Edeaioa Cmt per Property: s J25,5J7.30 Euculu Rdmlnuiiemaita te Goldn Gate: Barrick Dcvclopmc:nt: s 44, Miller Development: 63, Total Estculn Reiat.. ta ta C'.oldn Gate: s JOl,225aJ Eltelllloa Reiatbtanemuu fram Goldn Gate to Swift: ljaniclt DcYelopmcnt: s 22,47020 Miller Dcvdopmcnt: 31, Leu Swire Shan: ofexlcmion to be Dcduc1al liom First Ra:imbuncmcnt: (8,650.10) Taul Eltaaloa Reimbal'RlllftlU from Golden Gale la Swire: s 45,4'2.26 Page 2of 2

41 GOLDEN GATE PETROLEUM SHEEP TRAL & WEST DAHO STREET WATER MAN EXTENSONS Proration of Costs Based on Bid Results - October 6, 2017 TEM DESCRPTON Construction Total Engineeriag (HDE) Administration (FLC) Contingencies Project Total Original Budget UNT 7.50% 5.00% 2.50% QTY RubyDome 1nc::, PRCE EXTENSON $ 686, , $ s 34, , , , GOLDEN GATE PETROLEUM QTY EXTENSON $ 333, , , , $ 383, S 255, CTY OF {l:auucj{ u:,ej( ELKO QTY EXTENSON QTY EXTENSON EXTENSON $ 129, $ :5 9, , , $ 141 $ - l s $ 171, Final Cost Calculatiou Project Construction Less Oversizing Less Extension Refunds Total Final Costs $ s 789, , $ 383, (17,211.95) (62,763.65) s 303, $ ' '$ 257, $ 148, s - <io,222.10) 27, $ -. (45,442,U) 44, , :281; $ 175, $ 44, $ 63,28S.SO Page 1 ofl

42 GOLDEN GATE PETROLEUM SHEEP TRAL & WEST DAHO STREET WATER MAN EXTENSONS Extension Calculations SOUTH OF 1-80 EXTENS ON AGREEMENT TEM DESCRPTON UN T QTY EXTENSON Mobilization Mobili zation L.S , Eros ion Control L.S , Traffic Control L.S , Earthwork 4 Clearing & Grubbing Acre , Unclassifi ed Excavation C.Y. 1, , Unclassifi ed Embankment C.Y. 1, , Type Ditch L.F. 8 Roadway Ditch L.F. 1, , Cut-ofT Ditch L.F. Water (Sheep Trail) 10 20" Standard Weight Steel Casing L.F. - 12" Pressure Class 235 PVC Water L.F. 1, , " Pressure Class 235 PVC Water L.F , "x 12" Tapping Sleeve (Fig) Each " Tapping Valve Fi g) Each 15 2"x8" Tee (Fig) Each , " Gate Valve (Flgx MJ) Each , " Gate Valve (MJ) Each 18 12" Flgx MJ Adapter Each " 11-1 /4 Bend (MJ) Each 20 12" End Plug (MJ) Each 2 1 8" Gate Va lve (Flgx MJ) Each " End Plug (MJ) Each , " Special Construction Restrained Joints Each , " Pressure Class 235 PVC Water L.F "x8" Tee (MJxFlg) Each , "x6" Tee (M JxFlg) Each " Gate Valve (Fig) Each , " Lateral Fittings Each , " Gate Valve (Flgx MJ) Each - 53 Fi re Hydrant Each Water (West daho Street) 24 Remove 12" End Plu g Each 25 12" Pressure Class 235 PVC Water L. F " Pressure Class 235 PVC Water L.F " Tee (Fig) Each "x8" Tee (Fig) Each " Gate Va lve (Flgx MJ) Each " FlgxMJ Adapter Each "x8" Reducer (Flg) Each " End Plug (MJ) Each " Tee (Fig) Each 34 8" Gate Va lve (FlgxMJ) Each 35 8" Flgx MJ Adapter Each " End Plug (MJ) Each 37 Ai r Releaase Val ve Assembly L.S. 38 Bollards Each 54 6" Pressure Class 235 PVC Water L. F "x8" Tee (MJxFlg) Each 56 12"x6" Tee (MJxFlg) Each "x6" Tee (Fig) Each "x6" Tee (Fig) Each " Gate Val ve (FlgxMJ) Each - 60 Fire Hydrant Each Water Service Each - - Page 1 of2

43 GOLDEN GATE PETROLEUM SHEEP TRAL & WEST DAHO STREET WATER MAN EXTENSONS Extension Calculations SOUTH OF 1-80 EXTENSON AGREEMENT TEM DESC RJPTON UN T QTY EXTENS ON Sanitary Sewer (West daho Street) 39 Type Sanitary Sewer Manhole Each 40 Type 2 Sanitary Sewer Manhole Each " SDR-35 PVC Sewer L.F " SDR-35 PVC Sewer L. F " SDR-35 PVC Sewer L.F " SDR-35 PVC Sewer L.F. - - Storm Drain 45 18" ADS "N- 12" Stenn Drain L. F " ADS End Section Each Construction Total $ 6, Engineering (HO E) 7.50% 8, Ad mini stration (FLC) 5.00% 5, Contin gencies 2.50% 2, Extension Sub-Total 133, Less Over Sizing (8, ) Ex tension Total $ 125, Extension Cost per Front Foot: Frontage (feet) : Barrick: Miller: 1, Swire: Total Frontage (feet): 2, Extension Total $ 125, Total Extension Cost per Front Foot: $ Extension Cost per property: Barrick: $ 44, Miller: 63, Swire: 17, Total Extension Cost per Property: $ 125, Extension Reimbursements to Golden Gate: Barrick Development: $ 44, Miller Development : 63, Total Extension Reimbursements to Golden Gate: $ 108, Extension Reimbursements from Golden Gate to Swire: Barrick Development: $ 22, Miller Development: 3 1, Less Swire Share of Extension to be Deducted from First Reim bursement: (8,650.70) Total Extension Reimbursements from Golden Gate to Swire: $ 45, Page 2 o f 2

44 GOLDEN GATE PETROLEUM SHEEP TRAL & W EST DAHO STREET WATER MAN EXTENSONS OVER SZNG CALCULATONS TEM DESCRJPT ON UN T 12" Pressure Class 235 PVC Water L. F. 13 \ 8"x 12" Tapping Sleeve (Fig) Each 12" BNG Set Each 14 12" Tapping Valve Fig) Each 12" BNG Set Each 12" Grip Rings Each 15 l 2"x8" Tee (Fig) Each 16 2" Gate Valve (FlgxMJ) Each 12" BNG Set Each 12" Grip Rings Each 17 12" Gate Valve (MJ) Each 12" Grip Ri ngs Each 18 2" FlgxMJ Adapter Each 12" BNG Set Each 12" Grip Rings Each 19 12" ll- l/4 8end(MJ) Each 12" Grip Rings Each 23 12" Bell Joint Restraint Each 15 12" Pressure Class 235 PVC Water L.F " Tee (Fig) Each 28 l 2"x8" Tee (Fig) Each 29 12" Gate Valve (FlgxMJ) Each 12" BNG Set Each 12" Grip Rings Each 30 12" FlgxMJ Adapter Each 12" BNG Set Each 12" Grip Rings Each 3 2"x8" Reducer (Fig) Each 12" BNG Set Each 32 12" End Plug (Ml) Each 12" Gasket Each 48 \:!"," lc1. (1J, Hµ) l.ach 12" B'\(, '-ie1 l.jch 2" Gnp Ring'- l:<.ll'h 49 :!",6" l cc.\1.l, 1.lt.!l 1-:ac-h 12" n,c, c1 Lach :! " Gnp Rmgs 1:ach 55 12",8" \ce(\\j, J ll Each 12" B'\(, Set L..,ch :!" Gnp Rmgs l:ach 56 :!",6" T ec l \ lhflgj ['.:\l:h :!" 13 NG Sel l'.:i.ch 12 " Gnp Ring-,,... Jt.:h 57 2'\o" ee Fig) Each WESTERN NEVADA SUPPLY QTY ALTERNATE BD TEM Project Extension Over-Sizing 12" 10" DELTA Over-Sizing Quantity Extension 2,996 10" Prcs::.urc Class :!35 PVC' Water , , , X",10" lapping Slcc,c (\"lg) 2, :!, 1..,_05 10" 11'-G Set ll" rapp111g \ahe Flgl 1, , " ll,(, Set 'J O" (inp Ring'.\ \ "xX" cc (flgl "'\l)_ "(iatc \"ahe(flg,\1jl 1, hlb " 11\G Set JO" (inp Ring.., s, O"Ci,11\.1he1\UJ 1, )-5,{)Q HJ" C inp Rin!! l\_-; to" rtg,\u AJaph.'r :!O:!.X:! " 13\Ci Set U " linp Ring:-, _,,_x, "\l-l 4 \lendi\\j) :! ff' l,np Rini.!., _l O" Bell Joint Restraint :! l'.! ,669 10" Pn:.'s'illl'C Ckl.s:-, )5 PVC \\'ter , " erlflgl :!..,.-'8 285.'.! ",X" cc fflgl s:w.s..: Cl" G,uc \';ii\ c- ( ng,\tj) 1, l.hl , JO" B\(, Set :!9.UO O" (inp R111gs ;_;}U l O" lg,\. '\dapte ::!.8::! " ll:-.g Set " Cinp Rings :run ",S" Reduter (1.-lg) ",08.<)() ll" n,c; ct lll" l ndp\ug(\j ) l " tiasl't ::! ",X" cc ( J\Fll -l\1.( , :! 10" B'\C.1 St!t l.lll) 2<>.lltl O" C,np Ring-. X2.X1 1'1.8, ,1," lec(\jj,flgl 1'2.00 _,:!l) 5') :! 10" U'\(i et 1-LUO :! O" ( irtp Rings 18, $ ",8" \cc(\j\flgl _155 _,, " B\i(, Set :! O" Cinp Rings 18.8.l 111_: n ltj",6" lcc(\j\flgl r2.uo " llng Set :! 10" G1 ip Rings ,8:\ ",o" cc ( Flgl Go lden Gate Over-Sizing Swire Over-Si zi ng Qua ntity Extension Quant ity Extension , , , , , Page 1 of2

45 TEM DESCRPTON UNT QTY Sub-Totals Plus Taxes % 7. 10% GOLDEN GAT E PETROLEU M SHEEP TRAL & W EST DAHO STREET W AT ER M AN EXTENSONS OVER SZNG CALCULATONS WESTERN NEVADA SU l'ply ALTERNATE BD TEM Project Extension Over-Sizing 12" 10" DELTA Over-Sizing Quantity Extension 35, , , Golden Gate Over-Sizing Swi re Over-S izing Quantity Extension Quantity Extension 17, , Tota ls 38, , , , Page 2 of2

46 GOLDEN GATE PETROLEUM SHEEP TRAL & WEST DAHO STREET WATER MA N EXTENSONS Proration of Costs Based on Bid Results - October 6, TEM Mobilization Mobili zation 2 Erosion Control 3 Traffic Control Earthwork DESCRPTON 4 Clearing & Grnbb ing 5 Unclassified Excavation 6 Unclassified Embankment 7 Type Ditch 8 Roadway Ditc h 9 Cut-off Ditch Water (Sheep Trail) 10 20" Standard Weight Steel Casing 12" Pressure Class 235 PVC Water 12 8" Pressure Class 235 PVC Water J 8"x 12" Tapping Sleeve (Fig) 14 12" Tapping Valve Fig) 15 12"x8" Tee (Fig} 16 12" Gate Valve (FlgxMJ) 17 12" Gate Valve (MJ) 18 12" Flgx MJ Adapter 19 12" 11-1 /4 Bend (MJ ) 20 12" End Plug (MJ) 2 1 8" Gate Valve (FlgxMJ ) 22 8" End Plug (MJ) 23 12" Special Constrnction Restrained Joi nts 47 6" Pressure Class 235 PVC Water 48 12"x8" Tee (MJxFl g} 49 12"x6" Tee (MJ xfl g) 50 8" Gate Va lve (Fig) 5 1 8" Lateral Fittings 52 6" Gate Valve (FlgxMJ} 53 Fire Hyd rant Water (West daho Street) 24 Rem ove 12" End Plug 25 12" Pressure Class 235 PVC Water 26 8" Pressure Class 235 PVC Water 27 12" Tee (Fig) 28 12"x8" Tee (Fig) 29 12" Gate Va lve (FlgxMJ) 30 12" FlgxMJ Adapter J 12"x8" Reducer (Fig) Ruby Dome GOLDEN GATE SWRE nc. PETROLEUM COCA-COLA UN T QTY PR CE EXTENSON QTY EXTENSON QTY EXTENSON L.S , , , L.S. 58, , , , L.S. 6, , , , Acre , , , C.Y , , , , C.Y. 5, , , , , , L.F , , L.F , , , , L.F , , L.F , L.F. 3, , , , L.F , Each , , , Each 3, , Each , Each 2, , , Each 4 3, , , , Each Each , Eac h Each 0 2, Each , Eac h , L.F Each 2.0J , Each Each Each Each Each , , Each 0 L.F. 1, , , , , L.F , , Each 1, , Each 1, , , Each 5 2, , , , Each , Each QTY CTY OF ELKO EXTENSON , , , , , , , Page 1 of2

47 GOLDEN GAT E PETROLEUM SHEEP TRAL & W EST DAHO STREET W AT ER MA N EXTENS ONS Proration of Costs Based on Bid Results - October 6, T EM DESCRPTON 32 12" End Plug (M J) 33 8" Tee (Fig) 34 8" Gate Va lve (Flgx MJ ) 35 8" FlgxMJ Adapter 36 8" End Plug (MJ) 37 Air Releaase Va lve Asse mbly 38 Bollards 54 6" Pressure Class 235 PVC Wa ter 55 12"x8" Tee (MJ xflg) 56 12"x6" Tee (M JxFlg) 57 2"x6" Tee (Fig) 58 8"x6" Tee (Fig) 59 6" Gate Va lve (FlgxMJ) 60 Fire Hydra nt 6 1 Water Service Sanitary Sewer (West daho Street) 39 Type Sanitary Sewer Manhole 40 Type 2 Sanitary Sewer Manhole 41 24" SDR-35 PVC Sewer " SDR-35 PVC Sewer 43 12" SDR-35 PVC Sewer 44 6" SDR-35 PVC Sewer Storm Drain 45 18" ADS "N -12" Swrm Drain 46 8" ADS End Section Ruby Dome GOLDEN GAT E SWRE nc. PETROLEUM COCA-COLA UNT QTY PRCE EXTENS ON QTY EXT ENS ON QTY EXT ENS ON Each Each Each 5 1, , , Each Each L.S. 0 2, Each , , L.F , Each , Each Oil 1.501)()1) Each Each X00.00 X Each Each , Eac h , , Eac h 2 4, , , Eac h 5, , , L.F L. F , L.F , L.F , L.F , , Each , QTY CTY O F ELKO EXTENSON , Constructi on Total Engineering (HOE) Administration (FLC) Conti ngencies Project Total O ri ginal Budget $ 686, $ 333, $ 223, % 51, , % , , % 17, , , s 789, s 383, $ 257, $ 622, s 255, $ 196, $ , , $ 148, $ 17 1, Page 2 of2

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56 Agenda tem V.A. Elko City Council Agenda Action Sheet 1. Title: Review, consideration, and possible approval of an amendment to Revocable Permit No. 3-17, filed by WANRack, LLC to occupy a portion of the City of Elko Right-of-Way, to accommodate installation of a new fiber optic wide area network between school facilities, and matters related thereto. FOR POSSBLE ACTON 2. Meeting Date: November 28, Agenda Category: NEW BUSNESS 4. Time Required: 10 Minutes 5. Background nformation: Council reviewed the application for a revocable permit at their September 26, 2017 meeting and approved to enter into a license agreement with Wanrack. Wanrack has changed the Scope of Work to include more underground work rather than overhead lines and therefore requiring an amendment with new exhibits. CL 6. Budget nformation: ' Appropriation Required: NA Budget amount available: N/A Fund name: N/A 7. Business mpact Statement: Not Required 8. Supplemental Agenda nformation: License Agreement Amendment 9. Recommended Motion: Approve Amendment to the License Agreement for Revocable Permit No Prepared By: Cathy Laughlin, City Planner 11. Committee/Other Agency Review: 12. Council Action: 13. Council Agenda Distribution: W ANRack P.O. Box Shawnee, KS Created on 11/08/2017 Council Agenda Action Sheet Page 1 of 1

57 FRST AMENDMENT TO REVOCABLE LCENSE AGREEMENT FOR OCCUPANCY OF RGHT-OF-WAY (FBER OPTC NETWORK) THS FRST AMENDMENT TO REVOCABLE LCENSE AGREEMENT FOR OCCUPANCY OF RGHT-OF-WAY (FBER OPTC NETWORK) (hereinafter the "First Amendment") is made this _ day of, 2017 (hereinafter the "Effective Date") by and between the CTY OF ELKO, a municipal corporation and political subdivision of the State of Nevada, hereinafter called the "City of Elko," and WANRACK LLC, a Kansas limited liability corporation, hereinafter called the ''Licensee." A. On October 4, 2017, the City of Elko and Licensee entered into a Revocable License Agreement for Occupancy of Right-of-Way (Fiber Optic Network) (hereinafter the "License Agreement"); B. The License Agreement allows Licensee to occupy certain City of Elko-owned property for the purpose of installing, operating and maintaining a fiber optic network; C. After the License Agreement was executed and became effective, Licensee informed the City of Elko that the total length of the fiber optic network would be less than what was indicated in the License Agreement, with more linear feet underground and fewer linear feet above ground; and D. The Parties have agreed to amend the License Agreement to reflect the new length of the fiber optic network. NOW, THEREFORE, in consideration of the rights and obligations contained herein and in the License Agreement, it is agreed as follows: 1. The first recital of the License Agreement is hereby deleted in its entirety and replaced with the following recital: A. Licensee desires to install, operate and maintain private fiber optic wide area network 16,298 feet in length (11,522 feet underground and 4,776 feet above ground) within certain public easements and rights-of-way located within the Elko City limits for the purposing of enhancing communication between facilities owned and/or operated by the Elko County School District (hereinafter the "Network"); 2. Exhibit A and Exhibit B to the License Agreement are hereby replaced with the documents marked Exhibit A and Exhibit B attached to this First Amendment. 3. Except' as modified by this First Amendment, the License Agreement shall remain

58 in full force and effect, and the License Agreement, as modified by this First Amendment, is hereby ratified and confirmed by the Parties. n the event of a conflict between the terms of this First Amendment and the terms of the License Agreement, the terms of this First Amendment shall control. Defined terms used in this First Amendment which are not defined herein shall have the meanings set forth in the License Agreement. This instrument may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument. N WTNESS WHEREOF, the parties hereto have executed this license the day and year first above written. W ANRACK, LLC: CTY OF ELKO: By: By: CHRS J. JOHNSON, Mayor Title: ATTEST: SHANELL OWEN, City Clerk

59 EXHBT A

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61 SEE SHT. OF 27 : r-:!, st : :_ - J i..., _. L ni f. 1 o r..:l 19iHF _. -, -,v,-.--.fr u... ") f"""': 1 i,1 o : eyf-[x f,.,.,j ; X ; f, ") t--?.,;;::,::f ; H,,, : w ' Pi11+'"1,,- A >4W;r, s,. w b! " c.,,..._.,.. 1 [..,4 _ J ;l, , w, J:,:.i,.i'---M,., = rj¾-..,;j ".!ll"'f, "....., T -,,._!.,FR;:.J,,.. r -1., - U1 PED OR ji' % POLE "' t,.; ls.. i " :ls mn.,., :c NUUBER P.01.J 106 P H.H. _15) PED OR POLE 0 ft 'i HUMBER :c.. SUB NUMBER "- / / 1\. WANRack WANRACK PRVATE FBER NETWORKS ELKO ELKO NOTES: UTLTY LOCATONS ARE APPROXMATE. r 1 Rt>q, CONTRACTOR RESPONSBLE FOR EXACT 34N 55E 15 LOCATON. ty. jtax Oisltlct -Prepored -By., 27 de: 1 = 50' Consl Sheet: 9!

62 SEE SHT. 4 OF 27 SEE SHT. 2 OF 27 PED PED CA \; OR Pa..E Sf " i'r -PO. l*jwbcr s Oi) ;. i e , ii ii ii i!l! H.H., H.H.,02 ' / -+- ' 1" WANRack P JO NOTES: - " ( UTUTY LOCATONS ARE APPROXMATE. " " - CONTR... CTOR RESPONSBLE FOR EXACT 34N SSE 1 15 U)CA llon. Coontv: Tmr hki 27

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64 r--- N LL 0,.,.,-: (/)?"1'.' -' er,..,i.ut x.. 1if 10 tt)#'no T. r--- N LL 0 ((),-: (/) w (/) PED OR X POLE ;;a NUMBER 8 l ill H,H., !JOO 1360 JO P ij lltl,1; ";f. 1 P.56, P P.56,... "":ER ' / -+- / 1\. 1; 46 PM Prepared 8'j: lnsoltai WANRack WANRACK PRVATE FBER NETWORKS xcfi"onge: ELKO.erving Area: ELKO oufe: NOTES UTUTY LOCATONS ARE APPROXMATE. r P ;:--i Rr r CONTRACTOR RESPONSBLE FOR EXACT 3 55E 15 LOCATON. --ounty. ff,,,, ofji.. 1,.,.!Project: Job 0-d«: :,i,,buif, ELKO Sheet: Scale: 1" 0 50' C.Osl. Sheet $1/ 1

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67 SEE SH T. 9 OF 27 1 l E"' en jt,.,i, \ ''.. SEC 14 --' 4 j "" c., P ''"'1 ;:> Df SP GUY 24'-10" Q t CATV (20'-11")80'--e" A'l'J' 21!,.,8" f NO'ftt: " N 007:fl&l t.ov CATY DOWN GUY... TO NU fflld ANCHOR 0 r J)( 184' " f p-;;;. SPAN GUT 21i'-1" +aa ' D# NO 'l'a.c CATY Hf- e",-: (/) J SEC 28'-3" 7TH ST sr ught 21 -o. -,, '!' CATY DUE TO U-! -w-- ---'11-r-'lt ST- 25 : g'< B1'0721 c1,1v (26'- 6")22 -o BfOY(W,.,_, AT' 23'-0" l / MDSPAN SEPAR.TlON N TBB BACSPAN } X l fi5 r ti $&.., oa.. PED OR j r,i POt NUMBER 2 z P.73,..., l 6' i,a s ll \i X j? g 0 l!; al 1 "' al! PED OR POL HUMBER 1N=R -"' + /- / 1\.. WANRack WANRACK PRVATE FBER NETWORKS change: ELKO ELKO P.7'4 164 H.H. l!!._ NOTES: UTLTY LOCATONS ARE APPROXlMA TE. ".... CONTRACTOR RESPONSBLE FOR EXACT L 34N 55E l 1511" LOCATON. lv. jtn w N..frt,,. 27

68 >< OR >< POL i i:-r N NUMBER ti H.H. f08 602!! "! -,; i e i!! i!!., ".. % PED 51.8 OR NUMBER POLE "'"" "' '- -+- / 1" WANRack 1,_,, 'H'...- «NOTES: WANRACK PRVATE FBER NETWORKS change: ELKO ELKO UTLTY LOCATONS ARE APPROXMATE. CONTRACTOR RESPONSBLE FOR EXACT k :l4n! 55E f 14,..,..':'. LOCATON. nty, t Dist"-'._, 27._,

69 P,77 mf NO TAG SEC 2.4'-11 DRP 23'-10" iw2--;l111 -t1 " N '"- 0 ;::,-: V) w VJ SEE SHT. 9 OF 27 PED Cl< s i :,:: Pot i' " :; i w - NUMBER H.H.,09 P,75.1 P.75 P.n ii! 'l' i 'la t ,:1 1,1, 1, 1, ,Jrn lwuer -.. ""' +- / 1\ WANRadc WANRACK PRVATE FBER NETWORKS ELKO NOTES. UTUTY LOCATONS ARE APPROXMATE. ELKO,Rog:-,, KYOUHQ. LOCATON. nty. (Toll District: o,ottr. CONTRACTOR RESPONSBLE FOR EXACT!coo 34N i 55E i 14 of 27 1 = 50' eel: 91

70 !OJ'. w..,. - - '+ P.llj )<; faa. -,, """",.._,'. '..... '"' 1110 :.,:,.i, JDf 1'0 DOT Si'+ 's,'".111f MO. T4G " SEC CA TV 28'c:zt."10-}20'-o,--0'. iri.!glff O.L 24,-0. ". \ ' mf.no T. G... "",,._,. if (/) 'ic.,.,...,,... '.,, -,. Al! ,.., SEE SHT. 12 OF 27 P D t'l OR j S! ;Ji PCll NUMBER ' 0 8 ti % ill ' A/ P[D sue OR NUM&R NUM0 R / A, PO WANRack WANRACK PRVATE FBER NETWORKS.xdlonge: P P P P ' fllenom : l1 En9'n...-: C. n«:jmsoh 0,,attr. KYOUHC Lest ooceeaed:: NOTES UTL TY LOCATONS ARE APPROXlA TE. CONTR ACTOR RESPONSBLE FOR EXACT LOCATON. 14 P.8-' 1JO 27

71 SEE SHT. 11 OF 27.. l>t.aeltllll'l" COJDU' 1fl'l'B Alt NClllll&RY 1ldDlfU TO NOUMT D CSLNG l"' SO\JlHS10E ELEMENTARY PUCE RACJ: MOUNT PATCH PANEL P D OR PO. NUMBER PED OR PO. NUMBER NUMBER 8 ;j EliM 1 - a i i il._ ex " t g 8 : "" " A / -+- / A " WANRack WANRACK PRVATE FBER NETWORKS Exchongr. ELKO!Serwlg Area: ELKO!Route: NOTES UTLTY LOCATONS ARE APPROX MA TE. '-- KYCU,U#. LOCAllON. r'.nunf., t... KU,. Drofter. CONTRACTOR RESPONSBLE FOR EXACT 34N 55E l 14 27

72 T. 14 OF 27 r- N,_ 0 N >-' (/) w (/) PED OR POlE NUMBER 7-t-78 n.li GO,1 eco j sua OR NUMBER POLE NUMBER / 1 ' -+ - / WANRad< WANRACK PRVATE FBER NETWORKS ELKO ELKO NOTES: UTLTY LOCATONS ARE APPROX MA TE. sic: g;;;:: ror RESPONSBLE FOR EXACT 1 L... 34N, r,:,.j Qf_ 27 1 = ;o eet: Rf

73 '.' ['':1ii " _ (0-1., 1 t--< t ,.,'!'<!'ii """ t0,., E-< l'(... "f,.,.... :,.. ; -. J\ :A.",Jr LL,;. \. :t,r..'\lf- [/.,... ' ' -... \.,.., ''.".7' "', ' LL o,,. i, / - ii r r. ', jf. \.._.. "" t. ' -u o._4 11n _, _,;,:... "'"'" r..,,,<,1 : t,i<t_,1, - / "',.-.:..-.. f,t -..., 1 '. P.. i ': :.... d... a, - l., 1,. 1,-: (/) w - 'l L..- ill ",J lf =0+00 R.H. fio.,. RSER :s1 -s'tr"lt..,.. r ll) BFOU BFOV(lXl.25") 1+06 LGHT POLE SEE SHT. 19 OF 27 PED b 0 11J1i11. OR SUB X NUMBER POU: i?r- [ - NUMBER o"' :;, '.:: nt i 1 :t z Q a.. H.H ,, p_,. 108 P , p,o " / -+- )' " Prepared By. 6,fil-TAJtS WANRack NOTES: UTLTY LOCATONS ARE APPROXMATE. WANRACK PRVATE FBER NETWORKS xchonge: ELKO [S«-,.,ing Areo: ELKO oute: cg;;z'iiator RESPONSBLE FOR EXACT k'"'' 34N i i_ n:.,.l.. 15,!).f 27 1 = 50 9,

74 .,,.., [ ' N l \ ' J.:1 1 i : 1. 1 r.., '"' r(. ''""'fl ',.,,-....,.. -f ; ' 1 '. - - i,\, t' ' '... ' ' \ '..,..... "'.. - c., r+f. ii'',-... l i:-< {. r,ri _,.,,L,a,o - l,...,"1,b,,e"4"".._,.1\ &111;'. '.J.L,,_,.""],if,,J LL. "' N. '.,,t p t. '.... '.',!. r '. 0. l...,,..! "" '....., - \. t... LL. '"\'<... '.. t (; J,_, ".. ' ' -, 0 P,2S03S,... '.. J ',, p,j il J,. l'1. ll 1 " i;, r., t-" w if) CAN 19'-10 J.TT e PED OR POU NUMBER P.J8 P,J9 P.40 P.41 P.42 P.4J i PED OR POLE NUMBER 9.JB NUM!lER " / -+- ; " WANRack WANRACK PRVATE FBER NETWORKS ELKO NOTES LOCA TlONS ARE APPROXMATE. t""' 11&,g: ls.i:: Dn>ftor.. CONlRACTOR RESPONSBLE FOR EXACT 34N 55E UTU'JY 1 ELKO -- - LOCATON T- N..1..t.-1, 27

75 (.) ii: r-- N..,... LGHT POL.. ; :...,f!i,.. o. K -. "'\"', :!.,,.,...,r f '..,JS :"'ct ""o,.,...., '. ' /. s:r.ugh SEC 22-,-9.":. ' LL,:,. / 1'.,- ' J fr, 7'-7" lu' (19,.J.,-., ''.\. '"' DRP:11,- T 'J',,. O., '" '«<,;:-4? ; -..,,, --_,/,. -, ': - E 1r';-9,w?\.../.lff 18'-3,,.,. -, " ,...,..,....'....''.,,." ,.,., - n A -,.:.,,h.,. ' r,.,;.,., 4"'., :lflwt -10_,UT' Jt _,-., 'J r-' L. - PED j OR i POlE t NUMBER 8 P P.33.. P, < i SEE SHT, 15 OF 27 PED OR P(ll NJMB[R SUB NUMBER,1/ -+- / 1' WANRack.. r, 12 -s '- N,,, '",,,, ', ',,,,,, \,, ELKO NOTES,., ". UTUTY LOCATONS ARE APPROXJt.lA TE, t""' 'Rng:,- D,oftr. CONTRACTOR RESPONSBLE FOR EXACT 34N 55E 15/16, -- t<young LOC A llon. -..-,..!T,..,_,_, _,_,, WANRACK PRVATE FBER NETWORKS ELKO P.J5 128 P of 27,. = 50' eet:.i

76 l WANRac:k WANRACK PRVATE FBER NETW ORKS f'1 ' '> ' + ; ' ELKO NOTES: Olh ELKO UTL TY LOCATONS ARE APPROXMATE. l=, ,,=---...,,, gtor RESPONSBLE FOR EXACT ts---,--"-'"----iii"c..,,-,+,- -;.;:.. ol 1 = 70' r- 9!

77 SEE SHT. 16 OF 27 PED 00 0 iii J. Nffi z.... PO. -;.c:; "' "' NUMBER ; it i P P.31A SUB NUM8ER '/ -+- ; ' nn,., 11:36 AM Prepor11d Hy: '11syJLA. WANRack WANRACK PRVATE FBER NETWORKS ELKO 9 Alea. ELKO NOTES UTUlY LOCATON S ARE APPROXMATE. T"": r9' Sec: CONTRACTOR RESPONSBLE FOR EXACT 34n SSo,; LOCATON. County. T-- ELKO 'rojoct: Qf 27 1 = so : 91

78 ;-i_.!:. ti 1.1 L, 7- ' L.,. -TV--TV--fi---'- mt--1v-.l,,. V,, j LL 0 0 t :::!t:::;;;:;:::-:fj:ilr.=2:tiim >-'t"r.illl!r,ilj ---. a - - l - '"'"""'' s- --$-...,.&--s--s---s----s-- $, -'<t ---"""'lwv:;=!:::;t,;;:_.. ', _._, S-,--f-',.,..._,.. 0 N,,, ,,: -, --ss_.. $. _ :-_ ; , //- -- : s : c; - ; ;;::--;?.; r --:,,.,, OR POL NUMBER 7+74 ii!,, PED SUB CR NUWBER PW: NUlollER / -+- /,, WANRack WANRACK PRVATE FBER NETWORKS ELKO ELKO NOTES. UTLTY LOCATONS ARE APPROXMATE. Rng: 'Sec: CONTRACTOR RESPONSBLE FOR EXACT 34N 55E 15/10 LOCATON. tv. lrm ni.ir1r+ 27.._,

79 CONSTRUC'ftOK NOTS: OlfflMf 42" OP COffR ll&qvdd N l'dot L0.1'. r- N ll 0 f-' V) w V),.,.. \.... J =;+,, _,_.,- -"""'""'", r-- N LL 0 N f-' V) w V) PED OR POLE..,_,. HJt _f12,_,r 0 ii'.:! X X i 14U 136" 1 i i i i!'l PED SUB OR HUMBER POU: NUMBER,1/ -+- / (' = i :f : ti.. WANRack ',1;1 - CL WANRACK PRVATE FBER NETWORKS ELKO ELKO NOTES: UTLTY LOC,_ TONS AAE APPROXMATE, CONTR... CTOR RESPONSBLE FOR EX... CT L 34N l 55E,.,J._ 10/9 LOCATON. tv : 27 As fllilt,. = 50' Const Sheet: {

80 r-. N LL 0 0 N -' :r: (f) w (f) fi. M----;:-.4..:!:';' s---u-$c--.-i- _,-> -...:.-;;;:_.., w--... w..., _,_ - - 5TH ST. ASPH, r-. N LL 0 "' -' :r: (f) w (f) e ' 0.. '.t -o,.,..o.. "'"" ;g PED... POL NUMBER PED OR POL NUM8 R SUD NUMBER, 1/ -+- /1 WANRack WANRACK PRVATE FBER NETWORKS 1onge: ELKO ELKO cote: NOTES. UTLTY LOCATONS ARE APPROXMA TE. '""' Rng: Sec:: CON1RACTOR RESPONSBLE FOR EXACT 34N SSE 9 LocA TioN. eoontr it ois\..,., q_f 27,. = 50'

81 23 OF 27 llrl : " i ". [l V i:t s "l r- N LL 0 N >--' :r: V) w V) PED OR P()l NUM8 11 H.H. _f!3 X ; s O' ii> ii> '.! i-. U)N , " 1:,:!!,. (0,; ;; --Ji. l!ci NU g ;;i- 'ffi' ::,.,., ::, "' ill G ::, ::,.,., ll :,: PtD OR POU: HUMBER SUB NUMBER,1/ -+- /, -,n-= UTLTY WANRack WANRACK PRVATE FBER NETWORKS ge: ELKO NOTES: LOCATONS ARE APPROXMATE. On,ftr. CONTRACTOR RESPONSBLE FOR EXACT b.,; 34N j SSE Diilrke 9 KYOUNG LOCATON. ty. Jf ELKO 27

82 r- N ' t.,_..,-: {/) w {/) 3' :x: :i.,::;j!! w i-,j4 40:): ' %:.!"*' l')::f. = - TEL M.H. ---DO \.. -, 3',.._,,.,.---N v---r - \ r- N L,_ 0... N,-: {/) w {/) PO) J7+88 PED OR POl NUMB R 5J8 NUMBR,1,1" - +- ;, ' WANRack - WANRACK PRVATE FBER NETWORKS ELKO ELKO NOTES.... UTLTY LOCA TlONS ARE APP ROXlMA TE. r5ec:.. KYOONG LOCATON.,.. ''-... Drafter. : CONTRACTOR RESPONSBLE FOR EXACT L 34N SSE f 9 of 27 1" = 50' of

83 r- N Le. 0 w (fl PED OR ' f/ / fl ' WANRack WANRACK PRVATE FBER NETWORKS ELKO ELKO Ulgh..-: C. lhomson :..;;-- NOTES: UTUlY LOCATONS ARE APPROXMATE. CONlRACTOR RESPONSBLE FOR EXACT LOCATON. of 27 1 = 50 l -Sheet m.

84 F.. a rt F,_.r;:lr:L. l t ; U lr,. TV ',v " -..,,,,..,.,..!:.:---;:;a :::,. ::!==!.:...::=.._4:_...:::.:..:.:.:._..:...-;i::.:.-=:...::.=::::.;;.::!a.::::!.:!: l.!- +:U==::-4---.:::::;::l;i:!:,,_ "' 1.,,.., ---S l ' L - -S,,. 1 1, _- '. (f) _ tc- _ - 'i...,.. _-,... -!fr,.$? 't,, _,,, _... _,,._. - -.w-..,.j...,.;:,....,_.,.._, ,.,... (f)., -...,..s i.---+" N.. _...,, '. '* _,...' _--- -,...,.,.._H,;$" ---s..-- N......,... ' J ,_ " ""' --. '. 1. '". L. -,. w(/)w PED... P<ll HUMBER SHOO :.. i - "'/ / ' '- PED 500 OR NUWBER Pa.E t:j _,,_,,.-...-r.:t:""' J -"'-...,. ::, Ytrr- (/) WANRack WANRACK PRVATE FBER NETWORKS ELKO ELKO NOTES UTLTY LOCATONS ARE APPROXMATE., -- O'OUNC_ LOCATON. :.t11.,iv if,... ru..,..l-6,. Draft"' CONTRACTOR RESPONSBLE FOR EXACT tf. " 00 27

85 LL 0 i) N,-: (/) w (/) PED OR Pa. NUMBER H.U. 115 " r- O" i!i'.:! i i SEE SHT. 27! iii' S i "' "' $ 20 OF 27 PED OR Pa. NUMflER 1N=R / -+- / f'\"- n...,_ WANRack WANRACK PRVATE FBER NETWORKS xchange: ELKO [SerAn9 Area: ELKO 26 Engineer: NOTES. C. lhomson UTlUTY LOCA TlONS ARE APPROXMATE. Orottor. CONlRACTOR RESPONSBLE FOR EXACT 34N SSE 9 t<yoong LOCATON.,. n:.+r1,-t, Lael occeesed: 11/02/ 17-11:S2 AM Prepared By. 1DNSULTMltS of 27 1 so 1.. -

86 MOUNTAN VEW ELEMENT ARY PU.CB RlClt MOUNT PATCH PANEL SERVER ROOM - P{l) OR >< ;. X i R POLS it- 1 l'l NUMBER 0 OlG i j ii; lb jb., al :c H.H :m PED SUB OFt NUUEER PW' NUl&R H.H.,,. M. V.E. >- azi \, 20 a --.. :a "'- 280 / -+- / f\'- WANRack WANRACK PRVATE FBER NETWORKS f'ltcl\ongo; EU<O s.ntng -AM ELKO iroute: NOTES:... UTLTY LOCATONS ARE APPROXMATE. Twp: Ri,cj: S.C: 34N "'- CONTRACTOR RESPONSBLE for EXACT SSE 9.. K'OONO LOCATON. Count!' -'" " ol 27,. = 50' _o1

87 EXHBTB

88 Exhibit B A legal description for the location of the underground communications network operated by WANRack Private_Fiber_Networks within easements and rights-of-ways described herein: Area #1 Commencing at Elko County School District at APN , 850 Elm Street across 8 th Street rightof-way mid-block and 50 ft. into alley right-of-way between Elm Street and Maple Street, as shown on map# 4 as recorded with Elko County on January 6 th, Thence overhead on existing utility poles to the west side of 7 th Street right-of-way. as shown on map# 4 as recorded with Elko County on January 6 th, Thence underground in right-of-way along the west side of 7 th Street to approximately 40 feet north of Pine Street as shown on map# 1, as shown on map #1, as recorded with Elko County on March 18 th, Thence overhead on existing utility poles to the west side of 7 th Street right-of-way to the alley located between daho Street and Railroad Street. Thence underground within the 7 th Street right-of-way from alley between daho Street and Railroad Street to 40 feet north of the centerline of River Street, crossing to north side of 7 th Street. Thence overhead on existing utility poles continuing south along the east side of 7 th Street right-of-way, as shown on map# 1 as recorded with Elko County on March 18 th, 1870 continuing south on existing utility poles to end of pole line approximately 70 feet north of Water Street right-of-way within utility easement as shown on map # as recorded with Elko County June 6th, Thence continuing south approximately 70 feet underground in utility easement as shown on map # as recorded with Elko County June 6 1 h, 2001, to Water Street right-of-way at APN , 625 Water Street Thence running east along Water Street right-of-way as shown on map #40527 as recorded with Elko County on July 14th, 1926 to APN , 871 Water Street Thence south into and across rail road right-of-way crossing the river in city granted easement as shown on document as recorded with Elko County. Continuing south and ending in 9 th Street (formerly known as Lamoille Rd.) right-of-way, adjacent to, APN , 853 Front Street as shown on map #040527, as recorded with Elko County July 14 th,1926. Area #2 Commencing at APN , th Street, underground running north along 7 th Street right-ofway as shown on map #4 as recorded with Elko County on January 6 th,

89 Exhibit B Thence west underground running along Walnut Street right-of-way as shown on map# 9849 as recorded with Elko County on December 18 th, Thence north underground along 5 th Street right-of- way to the Alley west of Walnut Street, as shown on map #3502 as recorded with Elko County April 5th, Ending at APN , 493 Walnut Street. Area #3 Commencing at APN , 198 Willow Street north overhead on existing utility poles from 2 nd Street right-of-way in the alley right-of-way west of Walnut Street to end of utility pole line, continuing underground approximately 40 ft. in alley right-of-way to 5 th Street right-of-way as shown on map #3502 as recorded with Elko County April 5 th, Thence west underground running along 5 th Street right-of-way as shown on map# 3202 as recorded with Elko County April 5 th, 1912, as shown on map # as recorded with Elko County December 11th, 1998, as shown on map # as recorded with Elko County June 6 th,1995, across Nevada DOT right- of-way continuing west across Spruce Rd. along 5 th Street right-of-way to Chris Avenue as shown on map #363274, as recorded with Elko County January lo th,1995 and map # as recorded with Elko County April 28 th, Thence west along Chris Avenue right-of-way to Argent Avenue as shown on map # as recorded with Elko County April 28 th,1992, map# as recorded with Elko County on April 17 th,1989, and map # as recorded with Elko County July 7 th, Thence north from Chris Avenue right-of-way, ending at Mountain View Elementary School, APN , 3300 Argent Avenue as shown on map # as recorded with Elko County April 23 rd,1987. Area #4 Commencing at APN , 493 Walnut Street, as shown on map #3502 as recorded with Elko County April 5th, Running west overhead on existing utility poles in alley, to the south side of 2 nd Street right-of-way. Thence west overhead on existing poles in 2 nd Street right-of-way to mid-block west of Sewell Drive. Thence south underground and ending at Northside Elementary School property at APN , 1645 Sewell Drive. 2

90 Agenda tem V.B. Elko City Council Agenda Action Sheet 1. Title: Review, consideration, and possible approval of Revocable Permit No. 4-17, filed by Neider Hearing, LLC and Sonora LLC, to occupy a portion of the 5 th Street Right-of-Way as located adjacent to th Street, to accommodate installation of a new sign, and matters related thereto. FOR POSSBLE ACTON 2. Meeting Date: November 28, Agenda Category: NEW BUSNESS 4. Time Required: 10 Minutes 5. ackground nformation: A sign permit was received for the business known as "Miracle Ear," which is owned by Neider Hearing, LLC. The business will be operated on real property owned by Sonora, LLC. The proposed monument sign is located in the City of Elko Right-of-Way. City Code requires they have a Revocable Permit to occupy the Right-of-Way. CL 6. Budget nformation: Appropriation Required: N/A Budget amount available: N/A Fund name: N/A 7. Business mpact Statement: Not Required 8. Supplemental Agenda nformation: License Agreement and Application 9. Recommended Motion: Approve Revocable Permit No subject to execution of a standard license agreement between the applicant, property owner and the City of Elko 10. Prepared By: Cathy Laughlin, City Planner 11. Committee/Other Agency Review: 12. Council Action: 13. Council Agenda Distribution: Neider Hearing, LLC 452 Cheney Dr. W. Suite 130 Twin Falls, D Sonora, LLC P.O. Box 1597 Elko, NV Lytle Signs P.O. Box305 Twin Falls, D Created on 11/14/2017 Council Agenda Action Sheet Page 1 of 1

91 REVOCABLE LCENSE AGREEMENT FOR NON-EXCLUSVE OCCUPANCY OF RGHT-OF-WAY FOR FREE-STANDNG SGN THS REVOCABLE LCENSE AGREEMENT FOR NON-EXCLUSVE OCCUPANCY OF RGHT-OF-WAY (hereinafter the "License Agreement") is made this day of..., 2017 (hereinafter the "Effective Date"), by and between the CTY OF ELKO, a municipal corporation and political subdivision of the State of Nevada, hereinafter called the "City of Elko," and NEDER HEARNG LLC, an daho limited-liability company and SONORA, LLC, a Nevada limited-liability company, on behalf of themselves and any contractors or subcontractors performing work on the project described herein, jointly and severally. NEDER HEARNG LLC and SONORA, LLC are hereinafter collectively called the "Licensees." The City of Elko and Licensees may be referred to individually as "Party" and collectively as the "Parties." A. SONORA, LLC owns real property located generally at th Street, Elko, Nevada; and B. NEDER HEARNG LLC intends to occupy the aforementioned real property for the purpose of operating a hearing aid business; and C. Licensees desire to place a free-standing sign within the 5th Street right-of-way, located generally on the east side of 5th Street, north of the intersection with Cedar Street and south of the intersection with Fir Street (hereinafter the "Right-of-Way"); and D. The dimensions and physical appearance of the free-standing sign are shown on the Application for Revocable Permit to Occupy of City of Elko Property attached at Exhibits A & C; and E. The location and physical layout of the real property in relation to placement of the free-standing sign are more particularly described and shown on the Application for Revocable Permit to Occupy of City of Elko Property site plan attached at Exhibit B; and F. Licensees have asked the City of Elko for permission to use a portion of the Right-of-Way for the purpose of placing the aforementioned free-standing sign in the manner shown on the Application attached at Exhibit A; and G. The license granted hereunder does not constitute a sale or lease of property subject to the requirements ofnrs , et. seq; NOW, THEREFORE, in consideration of the rights and obligations contained herein, it is agreed as follows: Page 1 of6

92 The City of Elko grants to Licensees, jointly and severally, subject to the terms and conditions contained herein, a non-exclusive, revocable license to use the Right-of-Way for the purposes set forth in this License Agreement. The Parties hereto further covenant and agree as follows: 1. TERM: The Term of this License Agreement shall be five (5) years, commencing on the Effective Date, subject to the termination rights set forth herein; provided, this License Agreement will automatically renew at the end of the initial term and each term thereafter for a further term of five (5) years unless any Party gives the other Parties written notice of termination at least thirty (30) days prior to the end of the relevant term. 2. WAVER: Waiver by any Party of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, condition or covenant or any subsequent breach of the same, or any other term, condition or covenant herein contained. 3. NOTCES: Any and all notices or demands by or from the City of Elko to either of the Licensees, or from either of the Licensees to the City of Elko shall be in writing and served by certified mail. Service shall be conclusively deemed made forty-eight ( 48) hours after the deposit thereof in the United States mail, postage prepaid, addressed to the party to who such notice or demand is to be given and the issuance of a receipt thereof. Any notice or demand to the City of Elko may be given to: City of Elko, 1751 College Avenue, Elko, Nevada 89801, or at such other place or places as shall be designated by the City of Elko from time to time. Any notice or demand to either of the Licensees shall be mailed to: Sonora, LLC. P.O. Box 1597 Elko, NV and Neider Hearing LLC 452 Cheney Drive West Ste. 130 Twin Falls, D MPROVEMENTS, REPARS, MANTENANCE AND USE OF THE PROPERTY: (a) Licensees shall have the license to enter upon and occupy the Right-of- Way to place a free-standing sign, provided, Licensees must receive the prior consent of the City of Elko before entering upon the Right-of-Way and must thereafter act in accordance with its directions. Page 2 of6

93 (b) Licensees shall maintain the free-standing sign in good repair, shall promptly repair all damage and/or deterioration, and shall otherwise keep the free-standing sign in a clean and orderly condition at all times. (c) Licensees shall maintain the Right-of-Way in a manner that is acceptable to the City of Elko at all times. ( d) Licensees shall secure any permits required in connection with the activities authorized hereunder and shall comply with all applicable Federal, state and local statutes, ordinances or regulations. (e) Either Licensee's violation of any provision of this License Agreement, to include any violation of the Elko City Code, shall constitute immediate grounds for revocation of this License Agreement by the City of Elko. (f) The aforementioned free-standing sign shall be removed by Licensees upon request by the City of Elko within thirty (30) days of notice as provided herein in the event of revocation or termination hereof. 5. RGHT OF ENTRY: The City of Elko specifically reserves the right of entry upon the Right-of-Way by any authorized officer, engineer, employee, agent or contractor of the City of Elko at any time and for any and all purposes. 6. NDEMNFCATON: Notwithstanding any other provision contained herein, Licensees hereby agree to hold harmless, indemnify and defend the City of Elko, including, without limitation, the City of Elko's agents, employees and contractors (the "City's Representatives") against any and all claims, demands, actions, suits, liability, cost and expense, including defense, expenses, (to include, without limitation, suits for damages and injuries to persons or property (collectively "claims") arising out of Licensees' acts or omissions in connection with the activities contemplated by this License Agreement, except to the extent such claims are caused by or arise out of the negligence of the City of Elko or the City's Representatives. 7. NSURANCE: Licensees agree to purchase insurance or otherwise arrange at their own expense and to keep such insurance in force at all times this License Agreement is in effect, as follows: (a) Workmen's Compensation nsurance covering all of Licensees' employees, and shall require all consultants or other third parties engaged in the activities contemplated by this License Agreement to furnish evidence of appropriate workmen's compensation coverage or that they are a self-insured employer. Page 3 of6

94 (b) Comprehensive General Public Liability nsurance against claims for bodily injury or death of any person and property damage arising out of or resulting from Licensee's activities and the use of the Right-of-Way. Such insurance shall be in an amount not less than $1,000,000 per occurrence and $3,000,000 in the aggregate. Licensees shall furnish to the City of Elko proof that such insurance has been obtained and is in force. ( c) General Vehicle Liability nsurance against claims for injury or death of any person and property damage arising out of or resulting from Licensees' operation of any motor vehicle used in connection with the activities contemplated herein. Such insurance shall be in an amount of not less than $1,000,000 per occurrence and $3,000,000 in the aggregate. This policy shall include vehicles operated by Licensees and Licensees' agents, employees and contractors. Licensee shall furnish to the City of Elko proof that such insurance has been obtained and is in force. ( d) The City of Elko shall be provided with copies of all insurance policies required under this License Agreement. ( e) The foregoing insurance may be part of a blanket policy. (f) Notwithstanding anything contained herein, Licensee shall be entitled to self-insure with respect to any of the required coverage herein. Additionally, Licensee's insurance coverage shall only apply to the extent of its indemnity obligations. 8. TERMNATON: Notwithstanding any other provision contained herein, the City of Elko may immediately revoke and terminate this License Agreement for any violation of the terms or conditions hereof prior to the expiration of the Term or any extension thereof; provided, either Party may terminate this License Agreement upon thirty (30) days' prior written notice to the other Party. n the event of the termination of the license granted hereunder prior to the end of the Term, or upon notice for any other reason permitted hereunder, Licensee shall promptly, peaceably and quietly leave, surrender and yield to the City of Elko the Right-of-Way in good order, condition and repair, after performing all repairs to the site needed to return it to its prior condition. 9. GENERAL COVENANTS: (a) GOVERNNG LAW. t is agreed that this License Agreement shall be governed by, construed and enforced in accordance with the Laws of the State of Nevada. (b) MODFCATON OF AGREEMENT. Any modification of this License Agreement or additional obligation assumed by either party in connection with this License Agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each Party. Page 4 of6

95 ( c) ATTORNEY FEES. n the event the either party is required to pursue any action to enforce any term or condition in this License Agreement and prevails in said action, then said party shall be entitled to reasonable attorney's fees and court costs from the other party. (d) ASSGNMENT OF RGHTS AND DUTES. Licensees may not assign their rights or duties under this License Agreement without the advance written consent by the City of Elko not to be unreasonably withheld. There is no restriction on assignment with respect to the City of Elko. (e) NO THRD-PARTY BENEFCARES. Except as expressly provided herein, this License Agreement shall not confer any rights or remedies upon any third party other than the respective successors and assigns of a Party. (t) ENTRE AGREEMENT. This Agreement constitutes the entire agreement between the Parties and supersedes any prior understandings, agreements, or representations between the Parties, written or oral, to the extent they have related in any way to the right to conduct the activities contemplated hereby; provided, to the extent not inconsistent with this Agreement, all terms and conditions of the "Application for Revocable Permit to Occupy City of Elko Property" (Exhibit A), to include all representations of Licensees; the drawing at Exhibit B; and the site plan at Exhibit C, are incorporated herein by this reference. (g) FACSMLE AND COUNTERPART SGNATURES. Facsimile and counterpart signatures shall have the same force and effect as original signatures or the signatures of all parties on the same document. (h) JURSDCTON AND VENUE. The District Court for the Fourth Judicial District Court in and for the County of Elko, State of Nevada, shall have jurisdiction and venue over all disputes arising from or in relation to this License Agreement. (i) TERMS NCLUSVE. As used herein, the terms the City of Elko and Licensees shall include the plural as well as the singular, and the feminine as well as the masculine and the neuter. (j) TME. Time is of the essence. N WTNESS WHEREOF, the parties hereto have executed this license the day and year first above written. Page5 of6

96 NEDER HEARNG, LLC By: Title: SONORA LLC.: CTY OF ELKO: By: Title: By: CHRS J. JOHNSON, Mayor ATTEST: SHANELL OWEN, City Clerk Page 6 of6

97 .--- r 1 'l' (' i J_ -.,. f1., f '-4" , '-4" '-11" Miracle-Ear.-1 -o.,.:., 0'-8" '"i Miracle-Ear ( l l D/F NON-LLUM. MONUMENT SGN MAN CABNET STEEL FRAME ALUMNUM CONSTRUCTON PANTED TO MATCH BULDNG (TBD) "MRACLE-EAR" LOGO.080 FCO JET CUT ALUMNUM PANTED TEAL TO MATCH PMS (#321 C) FLUSH MOUNTED TO CABNET SECONDARY CABNET STEEL FRAME ALUMNUM CONSTRUCTON PANTED TO MATCH PMS (#J21C) ADDRESS LETTERS.080 FCO ALUMNUM PANTED WHTE FLUSH MOUNTED TO SECONDARY CABNET STEEL POLE AND CONCRETE FOOTNG ExhiblL.6. - i,..,\,,i. '7 "o,\ju t/ ti f t.. i l nitial: - Mrr,i,,E::i, -- ::,s;o,,,, => :::: ti"o Fl<ol(.J <.J 1:8 :c g <\W.!2(1'1' w.j >- - i < AS fo -" w NWJ -.'= :az < Mr11d,,E:m",M!,11c.t,,f"' Moo,,rw1, t.'t?;.3 -.s la::i 8.J =. : -":C '""' z! u:::.j "-<! LYTLE SGNS 201 l?:iaz ALL 11:GHTS l"iervm Zw w ""'.::oc: 00. ow ci oc: - vi O :;_Z ':>- -..., Twin Falls Office 12!D 1 a Lytle Signs nc. -;:; g " PO.BOH KMBERLY RO io -E '-1 TWN FALLS, OAHO j < =::l _g i;"w fa, su 'SSZ.so Boise/Meridian Office ]U 2010 E. COMMfRQAL sr M/110/AN, DAHO ].., 1l z g-ti2 fa, w -o z soles@lytlesigns.com - 1/1!

98 =..-.:= : >s::: =" =-. 1 = \\ u a.wi..aiillllr:,-tilfk." !Ad ;=':= lltaltj',..._...,...,. _ a!Mt... --"'..._...,_,..,:11111_...,..._ N...LEVWAV ' ,_ ;..., "'.. _.._._...-.,,..,...,-..,...,_"'..., or...,...,_..._...,.,.,.,,..._"'"'-""'- (" ,,.,... _...,_..,...,._..,_... '""""'.,..,, ,.,,.,.,_.,i... c..-...,.,,.1,wrw,,11.,..._.,..._.""......_,,...,.._",...,-_... RECEVED NOV O ' nitial:----- z ' rt.=.... } 1 ',:0 11 / ".,...,..._, _.._...,._.,..,._,...,.. --,,..-.-:,.11 '<hm_b S Sf ?_:J :<?" i,t 6i C]:rj].. i.=,;..,...,-, o.. ' CTY OF ell(o FL'>!S REVSV } D 1)-\h..,4'f;,-.,.-!} Qi o,..,j,a, 1N'--f APPROVED y :enoles ::--...::=..-:.,.:-..=c::.,:--n- -,- 13;.:-,.,.,,.-,'2.n?:c,c. ---i ii w : _., U"lllftOFOllCCOCOMPUANC Gttl4111: w - -,.,..,_. 1.,;."".,- c,;;.};:.:1 OC!J6iltl...,.. -1r.2:''"'- CTY f'l'ln\, D " 15 iwf ;rs 1uu!ii hm.,-!::.! M z 12 O"' 6 8 :,.. u 8 u 1--1 co O W a'. ii w > u z V 0 :! w s... " To"ioEJ t=:3 j.0. i l)f:::,-/ ---;-.,:'-- -= :it w <::,

99 ... = - --.! r L Unourhortzed use, reproduction and or displov sholl render!he lnfrinjjer liable for up to S150,000 in statulory damages, plus attornevfeasand tosfs for each imringemant under!he U.S. Copyright Ad (17 U.S.C. 412 & 504) THS RENDERNG S CONCEPTUAL---COLORS MAY NOT REPRESENT ACTUAL FNSH---LLUMNATED AND DAYLGHT COLORS Will VARY

100 Elko County Parcels Printed 10/23/2017 RECEVED 1 : m M iracle Ea r th Street NOV O nitial: Elko County Assessor 200ft Robert Reeder Lytle Signs PO Box 305 Twin Falls, D (208)