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HomeMy WebLinkAboutMeridian Development Corporation Cost Sharing Urban Renewal District Creation MOA and Amended MOA Item#18. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Cameron Arial, Community Development Meeting Date: June 8, 2021 Presenter: Cameron Arial Estimated Time: 5 minutes Topic: Memorandum of Agreement and Amended Memorandum of Agreement between the City of Meridian and Meridian Development Corporation for Cost Sharing for Urban Renewal District Creation Recommended Council Actions: 1. Approval of Memorandum of Agreement- Cost Sharing for Urban Renewal District Creation ("Original MOA") between the City and Meridian Development Corporation for reimbursement of consulting costs paid by Meridian Development Corporation ("MDC"). 2. Approval of the First Amendment to Memorandum of Agreement- Cost Sharing for Urban Renewal District Creation ("Amended MOA") between the City and Meridian Development Corporation for reimbursement of consulting costs paid by MDC related to the creation of the Linder Urban Renewal District. Background: The concept of the Linder Urban Renewal District, and other urban renewal actions being explored, was presented at the April 13, 2021 City Council meeting. The seven-to nine-month process to create a new urban renewal district is quite involved and encompasses many state code-required actions and milestones that necessitate the legal and technical expertise of professional consultants well-versed in the process. MDC has approved contracts with legal, professional, and technical consulting entities to assist with the processes for several urban renewal actions. The City is only reimbursing costs related to the creation of the Linder Urban Renewal District. MDC is responsible for costs related to all other current urban renewal actions. Before the MDC-approved Original MOA was agendized for City Council approval, City and MDC staff received additional direction and a development opportunity arose, resulting in a reprioritization of properties to be deannexed from the Meridian Urban Revitalization District and necessitating amendment to the Original MOA. The Amended MOA, already approved by the MDC Board, removes City responsibility in Section I. A. for costs associated with "the deannexation of the city hall parking lot from the current downtown district and annexation thereof in to the Union District." Page 550 Item#18. The City Attorney's Office has advised that the City Council should approve both MOAs. The Original MOA should be approved first. The Amended MOA will become the document in effect upon approval and provides for reimbursement of only those costs associated with the creation of the Linder Urban Renewal District (referred to in the MOAs as the "Ten Mile to Linder District"). The establishment of the Linder Urban Renewal District can provide mechanisms to fund the Linder Road overpass, spur private investment, and help fund the costs of other qualifying public infrastructure improvements. wee"e / iYgr�owni/rouc�t�/'Y �IIR❑Concept / j ii I� / i i j/�//- O EalsTrg RD hcursion _ 5 //Qdihhaw% ,p /Y" E MPZ 2T Alloadan•Area / �ij' iKiS."�S' Y /,,7/ 6aknon / 04 a oy�a�a - F �� Flower c g/oare��rt .'A' 1,000 Linder District .. _ �R+m�M moo,.mory� .1!Ma omW mammy hr V.41 d kgae2m.mtaavw.rKmManw�cw ofiiM on Merin mop. Future Actions: As the urban renewal process to create the Linder Urban Renewal District moves forward, the City Council will have at least three future opportunities to review and comment—upon presentation of the required eligibility report, presentation of the draft Urban Renewal Plan, and public hearings and final adoption of the Plan. Attachments: Memorandum of Agreement Amended Memorandum of Agreement Page 551 Item#18. MEMORANDUM OF AGREEMENT COST SHARING FOR URBAN RENEWAL DISTRICT CREATION This MEMORANDUM OF AGREEMENT FOR COST SHARING FOR URBAN RENEWAL DISTRICT CREATIUON COSTS("Agreement")is made this 31st day of March 2021 ("Effective Date"),by and between the City of Meridian,a municipal corporation organized under the laws of the State of Idaho("City"),and Meridian Development Corporation,an urban renewal agency organized under the laws of the State of Idaho("MDC"). WHEREAS,MDC and the City mutually desire to consider the creation of two new urban renewal districts and de-annexation of the city hall parking lot from the current downtown district and annexation thereof into the Union District as noted in Exhibit A attached hereto and incorporated herein; WHEREAS,the parties desire to share in the costs the consultants needed to prepare the analysis and documents necessary to consider the creation of the new urban renewal districts and de-annexation from the existing district and annexation into the Union District; WHEREAS,MDC is willing to enter into the contracts for the consultants necessary to complete the all of the work and the city is willing to reimburse MDC for the expenses paid by MDC for said consultants related to the creation of the new Ten Mile to Linder district and the de- annexation of the city hall parking lot from the current downtown district and annexation thereof in to the Union District. The agreements with said consultants are attached hereto as Exhibit A. NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged and agreed,and in consideration of the mutual promises and covenants herein contained,the Parties agree as follows: I. CITY's RESPONSIBILITIES. A. Reimburse MDC. Between March 31,2021 and January 31,2022,City agrees to reimburse MDC for the invoices paid by MDC for the services provided by the consultants identified in Exhibit A for the creation of the new Ten Mile to Linder district and the de- annexation from the current downtown district and annexation of the city hall parking lot into the Union District. City to pay invoices from MDC for reimbursement within thirty (30)days of the date of said invoice. II. MDC's RESPONSIBILITIES. A. Contracting Party. MDC will be the contracting party with the consultants identified in Exhibit A(Consultants)and MDC shall be responsible for payment to the Consultants. MDC will invoice the City for the amounts billed under the agreements with Consultants and paid by MDC for those portions of the work for which the city is responsible to reimburse MDC. MDC will attach a copy of the applicable billings from Consultants with each invoice. 2021 MOA MDC AND CITY FOR COST SHARING NEW URDS PAGE 1 OF 4 Page 552 Item#18. III.GENERAL TERMS. A. Term. This Agreement begins March 31,2021 and shall remain in effect through January 31,2022. B. Notice. Notice required to be provided by either of the parties under this Agreement shall be in writing and be deemed communicated when mailed by United States Mail,addressed as follows: City: City of Meridian MDC: Meridian Development Corporation City Attorney's Office Ashley Squyres,Administrator 33 E.Broadway Avenue 104 East Fairview Avenue#239 Meridian ID 83642 Meridian ID 83642 Either party may change its address for the purpose of this paragraph by giving formal notice of such change to the other in the manner herein provided. C. Entire agreement; modification. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement,and supersedes all prior agreements,understandings,negotiations,representations,and discussions,whether verbal or written,of the parties pertaining to that subject matter. The Agreement may not be changed,amended,or superseded unless by means of writing executed by both Parties hereto. D. Termination. Either party may terminate this Agreement for default by providing thirty (30)days written notice of termination and default to the other party. If the defaulting party cures said default within said thirty(30)day period then said party will not be deemed to be default of this Agreement. E. Severability. If any part of this Agreement is held to be invalid or unenforceable,such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. F. Applicable Law. The Agreement shall be governed by the laws of the State of Idaho and jurisdiction for any disputes arising hereunder shall be in the Fourth Judicial District,Ada County,State of Idaho. G. Appropriation. Notwithstanding anything in this Agreement to the contrary,the party's obligations under this Agreement shall be subject to and dependent upon appropriations being made by their respective governing boards for such purpose. If a party fails to appropriate the funds applicable to this Agreement the Agreement will be deemed terminated. 2021 MOA MDC AND MY FOR COST SHARING NEW URDs PAGE 2 OF 4 Page 553 Item#18. IN WITNESS WHEREOF,the parties hereto have executed this Agreement to effective on the date first noted above. ME ' DEVELtOPMENT CORPORATION: Attest: Dave Winder Chairman S t Vlasse ; Secretary CITY OF MERIDIAN: Attest: Robert Simison, Mayor 6-8-2021 Chris Johnson, City Clerk 6-8-2021 2021 MOA MDC AND CITY FOR COST SHARING NEW URDs PAGE 3 OF 4 Page 554 Item#18. Exhibit A 2021 MOANDC AND CITY FOR COST SHAMONEW URDS PAGE4 of 4 Page 555 Item#18. MEGHAN SULLIVAN CONRAD ELAM & BURKE RYAN P.ARMBRUSTER ATTORNEYS AT LAW 251 East Front Street,Suite 300 Post Office Box 1539 Boise,Idaho 83701 Telephone 208 343-5454 Fax 208 384-5844 E-mail: mscPelamburke.com rpa @elamburke.com March 22, 2021 Meridian Development Corporation c/o Ashley Squyres meridiandevelopmentcoi-o@2mail.com Re: Employment of Elam &Burke Dear Ashley: Thank you for considering Elam&Burke, P.A. ("Firm") to assist The Urban Renewal Agency for the City of Meridian, also known as Meridian Development Corporation ("MDC"), on certain limited legal matters relating to deannexing certain parcels from and amendment of the Meridian Revitalization Plan Urban Renewal Project("Second Deannexation to the Downtown Plan") and preparation of a plan amendment to expand the Union District Project Area(the"Union District Amendment"), and the preparation of one or more new urban renewal/revenue allocation areas, and adoption of one or more urban renewal plans within the city of Meridian (the "City") (the "New Plans"). The purpose of this letter is to confirm our agreement with you about what services are to be performed in connection with the preparation and approval of the Second Deannexation to the Downtown Plan, the Union District Amendment, and the New Plans for the Project Areas. The Firm is engaged to facilitate the preparation of the Second Deannexation to the Downtown Plan, the Union District Amendment, and the New Plans, which includes preparation of a number of documents set forth below: For the Second Deannexation to the Downtown Plan * Second Deannexation to the Downtown Plan approval timeline * Second Deannexation to the Downtown Plan,including an updated financial feasibility study as may be necessary (updated study to be prepared by consultant but reviewed by counsel) Follow up with MDC counsel concerning lender/developer consents • MDC resolution approving the Second Deannexation to the Downtown Plan • Correspondence to the City formally submitting the Second Deannexation to the Downtown Plan for approval * Public hearing publication notice Review Planning and Zoning findings of conformity Page 556 Item#18. March 22,2021 Page 2 * Correspondence to taxing entities concerning the proposed Second Deannexation to the Downtown Plan and public hearing notice * City Council ordinance approving the Second Deannexation to the Downtown Plan O Post-ordinance adoption letters to state tax commission,county officials, and others regarding filing and recordation of documents Post-ordinance adoption letters to the taxing entities Coordination with City Attorney For the Union District Amendment and the New Plans • Union District Amendment and New Plans approval timelines v MDC resolution approving each eligibility report for the Union District Amendment and the New Plans * City Council resolution approving each eligibility report and authorizing preparation of the Union District Amendment and the New Plans • Preparation of the Union District Amendment and the New Plans * MDC resolution approving the Union District Amendment and each New Plan • Correspondence to the City formally submitting the Union District Amendment and each New Plan for approval • Public hearing publication notice • Review Planning and Zoning findings of conformity Correspondence to taxing entities concerning the proposed Union District Amendment and each New Plan and project area/expansion area and public hearing notice Coordinate with MDC Attorney and City Attorney regarding agreement with the Ada County Highway District for the expansions area in the Union District Amendment and for the New Plans regarding Idaho Code Section 50- 2908(2)(a)(iv) City Council ordinance approving the Union District Amendment and each New Plan • Post-ordinance adoption letters to state tax commission,county officials, and others regarding filing and recordation of documents * Post-ordinance adoption letters to the taxing entities Coordination with City Attorney The Second Deannexation to the Downtown Plan accomplishing the deannexation of parcels from the existing 2002 Project Area will have to be fully completed on or before the fourth Monday in July. As always, potential legislation is a concern. To that end, the proposed timeline for the Second Deannexation to the Downtown Plan contemplates completion prior to July 26, 2021. It is possible, the Union District Amendment and the New Plans timeline could slip to December 31,2021, and would have a January 1, 2021, base year. For this timeline to hold, there will need to be significant coordination by and between City and MDC staff. It is possible, the timeline for the Union District Amendment and New Plans could slip to the first Page 557 Item#18. March 22,2021 Page 3 quarter of 2022. For the Second Deannexation to the Downtown Plan, the Union District Amendment, and the New Plans, many of the documents will need to be reviewed and approved by counsel for MDC and the City Attorney. We understand one (1)New Plan and the Second Deannexation to the Downtown Plan and Union District Amendment will be spearheaded by MDC, while one(1) New Plan will be primarily directed by the City. The engagement for the Second Deannexation to the Downtown Plan, the Union District Amendment, and the New Plans will be with MDC as MDC will implement the plans/project areas. We will coordinate with you on identification of critical team members on any communications. We understand there may be a memorandum of understanding by and between MDC and the City related to the planning efforts. The above scope of work does not include preparation of the eligibility reports; however, it does include review and comment on the eligibility reports prepared by an independent, third- party consultant prior to approval.Typically,the independent consultant would also be able to prepare the necessary attachments to the plans/plan amendment referred to as the economic feasibility study, which includes a review of the proposed project costs, anticipated revenue projections, and a conclusion that any proposed project or scope of work is financially feasible. We would assist the consultant in the preparation of the economic feasibility study and review the study's content but would not be responsible for the preparation of the data or the analysis of the data. For this scope of work,it is contemplated we would engage as subconsultants Kushlan Associates to assist in the preparation of the reports, studies, and other documents listed above. While those subconsultants will be engaged by Elam and Burke,the subconsultants will invoice MDC directly. Additionally,the above scope of work does not include retention of a surveyor or engineer to prepare the necessary maps and legal descriptions.This will be a critical step in proceeding with the Second Deannexation to the Downtown Plan. As noted above, we recognize there will need to be close coordination with MDC and the City as to the scope of respective responsibility. Based upon the above scope of work,our experience has been the amount of legal services incurred totals an estimated$25,000 for each new urban renewal plan and$20,000 for each of the Second Deannexation to the Downtown Plan and the Union District Amendment,plus up to$20,000430,000 for the consultant to review the areas for eligibility, prepare the eligibility report, and prepare the necessary financial attachments to each new plan and/or plan amendment. These estimates are dependent on a straightforward proposed project and plan/plan amendment. Complex uses and opposition from other taxing entities and the public could substantially increase those estimates. For the scope of services to be provided, the Firm charges $250 per hour for shareholders and of counsel, $200 per hour for associates, and$100 per hour for paralegal time. I will serve as the primary contact on any engagement. Please understand we will bill you for all attorney and/or paralegal time expended on the legal work we do for you. This will include, among other things, time spent in appointments, Page 558 Item#18. March 22, 2021 Page 4 meetings, telephone calls,consulting with others, and attending Meridian City Council and/or MDC Board meetings. While we do not need to be physically present at all meetings related to the eligibility report approval process and/or the plan and/or plan approval process, there are specific points in the process where personal attendance is strongly recommended, such as any work sessions between MDC and City, work sessions/meetings with Ada County,MDC approval of the eligibility report and the plans/plan amendment, and City Council approval of the eligibility report and plans/plan amendment. Otherwise, we may be able to be present telephonically and/or virtually at meetings depending on the will of the Board. Due to our relationship, the Firm will not seek a retainer on these matters. We will charge fees for services at our standard hourly rates and as noted above. Our fees are based on the amount of time required at various levels of responsibility, plus costs and expenses. Fees and costs will be billed monthly and are payable upon presentation of our invoices. If fees and costs are not paid within thirty(30)days following the invoice date, we may terminate our engagement but retain the right to collect all amounts due and unpaid by you. The estimated total attorney fee cost for legal work is an estimate only. The ultimate cost of work to the client is determined by many factors that cannot be predicted. In order to facilitate the approval process,reduce the overall cost, and provide the most efficient method for the approval of the New Plans, the Second Deannexation to the Downtown Plan, and the Union District Amendment, several activities would need to be accomplished by MDC resources or City officials: 1 . Distribution and publication of the required notices and other documents which must be provided under state law. 2. Filing and recording of the required documents with the taxing entities, the County Assessor, County Recorder, and Tax Commission. :3_ Input and assistance from the City and others on the desired or required public improvements and facilities and cooperation from property owners or others on potential new development within the proposed new and/or amended project area. We understand the New Plans and the Union District Amendment Project Areas are anticipated to have a 2021 base year. After receiving additional information from MDC, we can provide potential timelines for the for the new plans and the proposed plan amendments. Please call if you have any questions about anything contained in this letter. We appreciate the opportunity to work with MDC on this assignment, and we want our relationship with you to be a good one. If this proposal meets with your approval,please so indicate by your execution of a copy of this letter and return of the same to our attention. Please retain a signed copy for your records. Page 559 Item#18. March 22,2021 Page 5 Conflicts of Interest Notice of potential conflicts of interest. Before accepting any new business, the Idaho Rules of Professional Conduct(the "Rules") require us to evaluate whether there exist any ethical constraints to representing MDC in connection with preparation and approval of the New Plans, the Second Deannexation to the Downtown Plan and/or the Union District Amendment. We have completed a conflicts of interest check within our Firm and advise you the Firm previously represented Galena Opportunity Fund ("Developer") as local counsel to the Developer related to the First Amendment to the Meridian Revitalization Plan Urban Renewal Project (the"First Amendment")and the Urban Renewal Plan for the Union District Urban Renewal Project (the "Union District Project"). In addition, the Firm currently represents Mirazim Shakoori ("Shakoori") also known as Treasure Valley Investments, LLC, an owner of property located in the Meridian Ten Mile Urban Renewal District (the"Ten Mile Project") concerning property disposition and property development.The relationship between MDC and Developer and MDC and Shakoori may create a technical adversity between the parties and as described in the Rules presents a concurrent conflict of interest for the Firm in its representation of MDC. Under the ethical rules applicable to our profession, it would be a conflict of interest for the Firm to simultaneously represent one client(you) in a matter that is adverse to another client (Developer and Shakoori)even if the matters involving our representation of the other client and you are wholly unrelated and if different lawyers do the work. Additionally, it would be a conflict of interest if there is a significant risk that the representation of MDC would be materially limited by the Firm's responsibilities to Developer and Shakoori. Under the ethical rules, the Firm believes the conflict that exists here can be waived if all clients involved give their informed written consent after consultation. Accordingly,we are asking that you, as part of this engagement agreement, agree that you will waive any conflict with respect to the Firm's representation of Developer and Shakoori in its current and future matters that it may bring to the Firm, so long as the representation of you by the Firm will not serve as grounds to move for any disqualification of the Firm in its representations of Developer and Shakoori in its matters. We have requested similar agreements from Developer and Shakoori. While the representation of Developer and Shakoori are not directly adverse to MDC, it is important to recognize the relationship between Developer and MDC and Shakoori and MDC, and the potential for conflict. Developer worked with MDC on the First Amendment to subsequently create the Union District Project. The Firm did not represent Developer in negotiating any agreement with MDC concerning the reimbursement to Developer for the cost of certain eligible expenditures from revenues allocated to MDC from the increment generated by the improvements within the Union District Project. Shakoori has conveyed certain property to SCS Brighton LLC ("Brighton") for redevelopment in the Ten Mile project area. The conveyance included property which provided needed access and improvement. The agreement Page 560 Item#18. March 22,2021 Page 6 with Brighton included consideration for the value of the property conveyed by Shakoori. Shakoori may seek additional opportunities to partner with MDC on certain projects within the Ten Mile District in the future. The Rules require that we advise you of the risks of your granting the waiver. The first is that the Firm may be less vigilant and effective in representing MDC because of the allegiance that it owes to Developer and Shakoori. We do not believe that this risk is significant because of the dissimilarities in the representations and the mutual interests of MDC and Developer and MDC and Shakoori. The second risk is that the Firm has an equal duty of loyalty to each client, and each client has the right to be informed of anything bearing on the representation that might affect that client's interest and the right to expect that the lawyer will use that information to that client's benefit. As a result, information may be shared, and should MDC decide that some matter material to the representation should be kept from Developer and Shakoori, then the Firm will be required to withdraw its representation.To the extent certain information should be kept confidential, both Developer and MDC and Shakoori and MDC would be required to agree and consent on the scope of any confidentiality. Finally, due to the relationship between the entities, it must be assumed if litigation occurs between Developer and MDC and Shakoori and MDC, the attorney-client privilege will not protect communications with counsel from disclosure. Because of the importance of sharing information to assess any potential concern, you and the Firm agree to keep each other informed of current circumstances. There is no claim or lawsuit currently pending between MDC and Developer or MDC and Shakoori. Should a claim or issue arise by and between MDC and Developer and MDC and Shakoori,the Firm would not be able to represent the interests of either MDC or Developer or Shakoori and would withdraw its representation. Any other future conflict between MDC and Developer and MDC and Shakoori is difficult to predict. The Firm understands advance consent of future conflicts is dependent on the particular circumstances. The Firm will advise you of circumstances that may be perceived as a potential conflict and request your specific consent in those circumstances. Based on the foregoing, under Rule 1.7(b) of the Idaho Rules of Professional Conduct: (a) the Firm reasonably believes that it will be able to diligently represent its clients; (b) the proposed representation is not prohibited by law; (c) the representation as proposed will not involve assertions of claims by one client against the other represented by the Firm in the same matters; and (d)each affected client has,or will,provide informed consent in writing. Waiver A waiver of a conflict of interest implicates legal issues for you, including issues as to the nature and scope of the waivers and their potential significance for you.The Firm is not disinterested as to such issues and,therefore,cannot advise you on them. Should you have questions,we recommend you seek advice of your general counsel on this matter. Pursuant to such consultation and the matters discussed herein, we will treat your acceptance of this letter as informed consent to our current conflict of interest with Developer and Shakoori. Page 561 Item#18. March 22, 2021 Page 7 A0nv:rl If the foregoing terms of this engagement are acceptable to you, please obtain the required and applicable approval and return a signed copy of the enclosed letter, retaining an original for your i-11es. We are pleased to have the opportunity to serve as your counsel on these limited scopes of representation and look forward to a mutually satisfactory and beneficial relationship. We are deeply committed to the proposition that our clients must be satisfied with the quality of our services as well as the amount of our charges. Our effectiveness and your best interest are enhanced by an atmosphere of candor and confidence between us, not only as to the facts and circumstances of the legal issues on which we are working, but also as to the attorney-client relationship itself. If at any time you have questions concerning OLIr work or our' tees, we hope that you will contact us immediately. Sincerely, EL,AM & BURKE A Professional Associalion Meghan S. Conrad l R ;rn P. Armbrumcr MSC/ksk Page 562 Item#18. March 22,2021 Page 8 Accepted and Approved: MERIDIAT-�DEVELOPMENT CORPORATION B ~� Y 1�tirrnain I3a#ed 482MO65-8401,v.3 Page 563 Item#18. General Scope of Work Legal Consultant—Phil Kushlan $200/hr. Complicating Factors Plan Amendment to Deannex Parcels from the Timeline; Preparation Preparation of Economic Impact Analysis • Timing; will likely need to be completed Downtown Project Area of the Plan • Review impact removal of parcels has (city council ordinance adopting the • Sub Area 1: Parcels in/around the Northern Amendment; Process on the Downtown District plan amendment) on or before 41n Gateway Area is the same as a new . Consider impact on any outstanding Monday in July • Sub Area 2: City Hall Parking Lot Parcel plan obligations (MOUs, bonds, etc.) -this • Survey/Legal for the deannexed areas would require sign-off by MDC will need to be done ASAP Estimate for scope of Counsel work$10,000- $15,000 Estimate for scope of work$10,000 (there are quite a few parcels subject to the analysis; could be less depending on data to be provided by Ada County) Plan Amendment to Annex Sub Area 2 into the Union Timeline; Preparation Review of Sub Area 2 for eligibility. • Timing; to be completed(city council District Project Area of the Plan Preparation of the Eligibility Study ordinance approving the new plan) on or Amendment; Process before 12/31/21 is the same as a new Estimate for scope of work related to the . Survey/Legal would have been done as plan study: $3,000 part of the deannexation scope Estimate for scope of Preparation of the updated economic work$10,000- feasibility study $15,000 Estimate for the scope of work related to Assumes MDC the updated economic feasibility study: Counsel will negotiate $3,000 the ACHD agreement for the amended area Ten Mile to Linder Plan and Project Area Timeline; Preparation Review of the proposed geographic area for . Timing; to be completed(city council of the new/specific eligibility. Preparation of the Eligibility ordinance approving the new plan) on or Plan Study before 12/31/21 • Legal/Survey will need to be done Estimate for scope of work related to the ASAP study: $5,000 Page 564 Item#18. Estimate for the • Includes parcels outside the City limits scope of work Preparation of the economic feasibility study in unincorporated Ada County; consider $15,000420,000 annexing parcels into the City ASAP,- Estimate for the scope of work related to otherwise legal costs could increase as Assumes MDC the economic feasibility study: $7,500 will need to address County Counsel will negotiate consideration of the eligibility study and the ACHD agreement County ordinance/intergovernmental agreement Northern Gateway Plan and Project Area Timeline; Preparation Review of the proposed geographic area for • Timing; to be completed(city council of the new/specific eligibility. Preparation of the Eligibility ordinance approving the new plan) on or Plan Study before 12/31/21 • Legal/Survey will need to be done Estimate for the Estimate for scope of work related to the ASAP—current boundaries are scope of work study: $7,500 unknown $15,000420,000 • Number of parcels is greater than the Preparation of the economic feasibility study Ten Mile to Linder Project Area Assumes MDC • Includes parcels outside the City limits Counsel will negotiate Estimate for the scope of work related to in unincorporated Ada County; consider the ACHD agreement the economic feasibility study: $10,000 annexing parcels into the City ASAP,- otherwise legal costs could increase as will need to address County consideration of the eligibility study and County ordinance/intergovernmental agreement Page 565 Item#18. MERIDIAN development corp. REVIVE • RENEW- REDEFINE TASK ORDER AGREEMENT PURSUANT TO PROFESSIONAL SERVICES AGREEMENT - ENGINEERING - This is Task Order(TO) to provide surveying services for the creation of two new urban renewal districts and changes to existing districts is executed pursuant and subject to the Professional Services Agreement between Civil Survey Consultants, Inc. (Consultant),and the Meridian Development Corporation(MDC) dated January 23,2019 (Agreement). WHEREAS, MDC and Consultant entered into the Agreement to provide engineering and surveying services on an ass needed basis with future services to be performed pursuant to task orders. WHEREAS, the Parties desire to execute this TO as described herein; NOW THEREFORE,for good and valuable consideration the Parties agree as follows: 1. The parties agree that Consultant will perform the surveying services to assist in the creation of two new urban renewal districts and changes to existing districts as noted the attached Scope of Work (See Exhibit A attached hereto and incorporated herein). This TO is issued pursuant and is subject to the Agreement between MDC and Consultant. This TO shall be effective March 31, 2021. This TO shall be completed in accordance with the terms of the Agreement. MERIDIAN DEVELOPMENT CORPORATION CIVIL SURVEY CONSULTANTS, INC. By. By. Printed Name: Dave Winder Printed Name: Matt Hart Title: Board Chair Title: President Attest: ssek, Secretary 1 � Page 566 Item#18. Exhibit A-.-Scope of Work CIVIL SURVEY CONSULTANTS, INC. FOR MERIDIAN DEVELOPMENT CORPORATION SCOPE OF WORK FUTURE URBAN RENEWAL PLAN LEGAL DESCRIPTIONS (NORTHERN GATEWAY, OVERLAND —TEN MILE TO LINDER, UNION DISTRICT MODIFICATION & DEANNEXATION OF SAME PORTION FROM DOWNTOWN URD) PROJECT UNDERSTANDING Aleridian Development Corporation (h:1DC) has identified three areas in Meridian that are proposed to be part of a future Urban Renewal Plan: • Northern Gateway: generally located in the vicinity of the intersection of N. Meridian Road and E. Fairview Avenue east to approximately N. Jericho Road. • Overland — Ten Mile to Linder: generally bounded by S. Ten fAile Road, W. Overland Road, S. Linder Road, and Interstate 84_ • Union District Modification and Downtown URD deannexation: Addition of a portion of the r0eridian City Hall Eastside parking lot to the existing URD and deannexation of same area from original downtown urban renewal district. The Surveyor shall prepare a legal description and an exhibit map for each of the Urban Renewal Plan exterior boundaries. SCOPE OF WORK Task 1 —Administration 1.1 Project Management—Provide ongoing management of project, including regular status updates and coordination with MDC. Task 2—Surveying and Data Collection 2.1 This task includes work associated with surveying duties performed in the field required to establish property boundaries. 2.2 This task includes office work associated with research of relevant subdivisions, parcel deeds, records of surveys, and right-of-way acquisitions in the Ada County Recorder's Office required to establish property boundaries. SD:'i—Fuhare Urban Renewal Plan Legal Des_p icas Page 1 of c Civil Survey Con ult3nis.Inc March 25,2021 2 � Page 567 Item#18. 2.3 This task includes office work associated with establishing, calculating, and drafting the property,boundaries. Task 3—Document Preparation 3 1 This task includes preparing a legal description and an exhibit map for each of the Urban Renewal Plan exterior boundaries. This does not include legal descriptions for individual parcels within the Urban Renewal Plan exterior boundaries. ASSUMPTIONS • Easement preparation is not part of the scope of work. • Title reports are not part of the scope of work. TIME OF COMPLETION and COMPENSATION SCHEDULE COMPENSATION AND COMPLETION SCHEDULE NORTHERN GATEWAY URD Task Description Due Date Compensation 1 Adni[ntstration 60 da's front notice to proceed $290.D0 2 Surveling,and Data CoPect on 60 da from notice to proceed $6,125.00 3 Document Pre araton 60 days front notice to proceed $890.D0 NORTHERN GATEWAY URD TOTAL:$7,305.00 COMPENSATION AND COMPLETION SCHEDULE OVERLAND—TEN MILE TO LINDER URD Task Description Due Date I Compensation 1 Administration 60 days from notice to vroceed 5�90.D0 2 Survefng and Data Col`.ecUon 60 days from notice to proceed $4,1 65.00 3 Document Preparaton 60 days from notice to proceed $745.00 OVERLAND—TEN MILE TO LINDER URD TOTAL:$5,200.00 COMPENSATION AND COMPLETION SCHEDULE UNION DISTRICT MODIFICATION URD&DEANNEXATION OF SAME PORTION FROM DOWNTOWN URD Task DescrilLtion Due Date Complansation 9 AdnWstration 60 days from notice to proceed $290.00 2 Sur., n0 and Data Col ecton 60 days from notice to proceed $1.750.00 3 Document Preparaton 60 days from notice to proceed $245.D0 UNION DISTRICT MODIFICATION URD&DEANNEXATION TOTAL:$2 285.00 GO'A'—Futa;a Urban Reneeral Plan Legal nest-•Jcns Page 2 of o Civil Surrey Consulta,,7 s,Inc. March 25.2C?1 3 Page 568 Item#18. COMPENSATION AND COMPLETION SCHEDULE TOTAL SCOPE OF WORK Task Description Due Date Compensation 1 Acnfnistration 60 days from notice to proceed $870.00 2 Suryeenq and Data Colrecton 60 days from notice to proceed $12 040.00 3 Document Preparation 60 days from notice to proceed $1 M0.00 SCOPE OF WORK TOTAL:$14,790.00 The Not-To-Exceed amount to complete all services listed above for this Scope of Work is S14,790.00. No compensation will be paid over the Not-to-Exceed amount without prior written approval by MDC in the form of a Change Order. The hourly rates for services and direct expenses are per the attached estimate and will be the basis for any additions andlor deletions in services rendered. SD:1—FuPire Urban Renearal Pla7 Legal Descrpaicns Page 5 of 5 Civil Surrey Con=_alums,Inc. March 25.Z21 4 Page 569 Item#18. Civil Survey Consultants Man-Hour And Fee Estimate Meridian Development Corporation Future Urban Renewal Plan Legal Descriptions Northern Gateway URD Tasi C.esYcr-.n =r n_ip;l Chie? Fcject Fcject rfatrvey "urvey Tota Task o`iurge Vana r Errinesr I Technean 1 .rev Ibus Cos' Task 1-r`amnistrtcn Task 2-Sir.,Mho a Darn Cdlecton 22 R-xfds Research -0T ce E au'a ro Task 3-Cocur.�ere.Precardon Jraon IV 3r.1 EX :1 o-s manT rs r, C < D 17,205.Y' Class-r•_ajon ' Af-c Fate To-.J �.1dord 5- -he ofSurve- 5145.D]. S2 T�o.OD 2C0 at 145.5' ri je_t Fnp nee; .,.03 n 5132.00 Desi tiSun a T c;�ncian Y C0 5100.U.' S3,6cc.03 o.xrn vrcn u'ubtotal 2 I DD 57 yCS.pD Total Estimated Fees-Northern Gate=URD 57.30j.M [Overland-Ten Mile to Linder Road URD TassOesc-Ttui ntcilw Chie` FciBct ft�wcx 'xsgn&ry Curdy Tota TaQ rf5ury hiana es Techncan 1 --Wf Hour Jr Task 1-Aomnistrtrn 1.1 rrn'_-Minn m 2 S��pLi T�k 2- srt in Data Celled on L' =u`n u� 22 R-xfdsResearch -Once S915.A7 23 control3rve -Orbe a 1fl �2,13U.D_+ Task 3-Documerr,Prawnia^ 3.1 Lg,,J Descn ,,Tid Effi A 6 S7i 6 5745.W ma-17mrs I i72 D 0 To 200.7 Ctm&F-m -:urs Fart Tbui— F.indDd C.0 ip 5145.OI 10.00 Q o _t A e=t`Mna-er c.,X p 5145.D r-vjNi DesJg,V2urveyTec ni_ian SIOD-U,. S2.FK0.03 P3 Sirr-I CrFv �a.CO S1e5D: SPr-0.OD Total Estniated Fees-Overland-Ten IAile to Linder Road URD 55,200.00 Page 570 Item#18. Union District Modification URD&Downtown URD Deannexation ass E*ss:tca -p-41 - F7rpor ea _,grLSuwey roeg TUW 1 as of�2meys Vanaq& Errine_r Techncan 4 Crex Hous COS-. r sh::ai Wanpgerixirr. d,Jab Aun 21 €nccl&m -Feld 2.2 Rsxnde Rvq -lr.ce S245.00 ,, jjO LX- - au-a-erz nor. Descri `on and Exh tit i S^45.OD Ca CLn LI I y my :h h°of Curve 3 r0 u 5145.D 54?5-OD FrojKt En new r;9 Q 51'12.00 _esi '2urve Teu nl=ian =A Si(aw OD nti r-w Total Estiiniated Fees-Union District 1.lodificabon URD&Downtown URD Deannexation 52,2115.00 Total Scope of Work Classy a is -mm Fad �a rm - vh of2urwaw 3<�A S145.DJ S4.640.DD 'e_t Sdsna r c:. 145.Cx1 S&70.00 En !w , SIONK.. S7,5A.OD �PS 2ojmvj Cnsn 1200 37V S105.D,- :70465 Labor 2ubloW r. 1 S 14.4-9D Scope of Work Total Estimated Fees $14,790.00 —� rb � Page 571 Item#18. FIRST AMENDMENT TO MEMORANDUM OF AGREEMENT COST SHARING FOR URBAN RENEWAL DISTRICT CREATION This FIRST AMENDMENT TO THE MEMORANDUM OF AGREEMENT FOR COST SHARING FOR URBAN RENEWAL DISTRICT CREATIUON COSTS("A 1")is made this 12th day of May 2021 ("Effective Date"),by and between the City of Meridian,a municipal corporation organized under the laws of the State of Idaho("City"),and Meridian Development Corporation,an urban renewal agency organized under the laws of the State of Idaho("MDC"). WHEREAS,MDC and the City entered into a Memorandum of Agreement dated March 31, 2021 (MOA)and desire to amend that agreement; NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged and agreed,and in consideration of the mutual promises and covenants herein contained,the Parties agree to amend their MOA as follows: I. SECTION 1. CITY'S RESPONSIBILITIES SUBSECTION A. The language in Subsection A shall amended and replaced in full with the following: A.Reimburse MDC. Between March 31,2021 and January 31,2020,City agrees to reimburse MDC for the invoices paid by MDC for the services provided by the consultants identified in Exhibit A for the creation of the new Ten Mile to Linder district. City to pay invoices from MDC for reimbursement within thirty(30)days of the date of said invoice. 2. Eximmi-A. The agreements with the applicable consultants were attached to the MOA as Exhibit A. Some of those agreements have been modified and updated and the modified agreements are attached hereto as Exhibit A which amends Exhibit A to the original MOA. 3. All other terms and conditions of the MOA remain in effect. IN WITNESS WHEREOF,the parties hereto have executed this Agreement to effective on the date first noted above. MERIDIAN DEVELOPMENT CORPORATION: � Atte . ave Winder Chairman Steve assek, Secretary 2021 FIRST AMENDMrNT MOA MDC AND C11Y FOR COST SHARING NEW URDs PAGC I OF 3 ���� Paul e 572 I Item#18. CITY OF MERIDIAN: Attest: Robert Sim ison, Mayor 6-8-2021 Chris Johnson, City Clerk 6-8-2021 2021 FIRST AWNDMUNT N10A MDC AND CITY FOR COST SHARING NEr UPDs PAGE 2 of 3 Page 573 Item#18. Exhibit A 2021 FIRST AMENDMENT MOA MDC AND C[TY FOR COST Si-m ac NEW UPDS PAGE 3 or 3 Page 574 item#�s. ELAM & BURKE EGHAN SULLIVAN CONRAD ATTORNEYS AT LAW RYAN P.ARMBRUSTER z5i East Front Street,Suite 300 Post Office Box 1539 Boise,Idaho 83701 Telephone zo8 343-5454 Fax 208384-5844 E-mail: mscRelamburke.com rpaPelamburke.com May 6, 2021 Meridian Development Corporation c/o Ashley Squyres meridiandevelopmentcorpa,email.com Re: Clarification of Scope of Employment Dear Ashley: In follow up to the engagement letter dated March 22, 2021, the proposed scopes of work have been further refined. This letter is intended to confirm the current scopes of work, which are set forth in the attached table. In sum, the updated scopes of work do not differ significantly from what was originally contemplated. Elam& Burke, P.A. ("Firm") has been retained to assist The Urban Renewal Agency for the City of Meridian, also known as Meridian Development Corporation("MDC"), on certain limited legal matters relating to deannexing certain parcels from and amendment of the Meridian Revitalization Plan Urban Renewal Project("Second Deannexation to the Downtown Plan") and preparation of a plan amendment to expand the Union District Project Area(the "Union District Amendment"), and the preparation of two new urban renewal/revenue allocation areas, and adoption of two urban renewal plans within the city of Meridian(the "City"). The first is related to the Ten Mile to Linder Area, which will be primarily directed by the City pursuant to a Memorandum of Agreement by and between the City and MDC (the "Ten Mile to Linder Plan"). The second is related to the Northern Gateway Area, which will be primarily directed by MDC (the "Northern Gateway Plan") (collectively, the Ten Mile to Linder Plan and the Northern Gateway Plan are referred to as the "New Plans."The purpose of this letter is to reaffirm and clarify our agreement with you about what services are to be performed in connection with the preparation and approval of the Second Deannexation to the Downtown Plan, the Union District Amendment, and the New Plans for the Project Areas. The Firm is engaged to facilitate the preparation of the Second Deannexation to the Downtown Plan, the Union District Amendment, and the New Plans, which includes preparation of a number of documents set forth below: For the Second Deannexation to the Downtown Plan • Second Deannexation to the Downtown Plan approval timeline • Second Deannexation to the Downtown Plan, including an updated financial feasibility study as may be necessary (updated study to be prepared by consultant but reviewed by counsel) Page 575 LL__#�18ay 6, 2021 Page 2 • Follow up with MDC counsel concerning lender/developer consents • MDC resolution approving the Second Deannexation to the Downtown Plan • Correspondence to the City formally submitting the Second Deannexation to the Downtown Plan for approval • Public hearing publication notice • Review Planning and Zoning findings of conformity • Correspondence to taxing entities concerning the proposed Second Deannexation to the Downtown Plan and public hearing notice • City Council ordinance approving the Second Deannexation to the Downtown Plan • Post-ordinance adoption letters to state tax commission, county officials, and others regarding filing and recordation of documents • Post-ordinance adoption letters to the taxing entities • Coordination with City Attorney For the Union District Amendment and the New Plans • Union District Amendment and New Plans approval timelines • MDC resolution approving each eligibility report for the Union District Amendment and the New Plans • Ada County resolution related to eligibility for parcels within the Ten Mile to Linder Plan(and the Northern Gateway Plan, if necessary) • City Council resolution approving each eligibility report and authorizing preparation of the Union District Amendment and the New Plans • Preparation of the Union District Amendment and the New Plans • MDC resolution approving the Union District Amendment and each New Plan • Correspondence to the City formally submitting the Union District Amendment and each New Plan for approval • Coordination with Ada County concerning Intergovernmental Agreement and Transfer of Powers Ordinance for the Ten Mile to Linder Plan (and the Northern Gateway Plan, if necessary) • Public hearing publication notice • Review Planning and Zoning findings of conformity • Correspondence to taxing entities concerning the proposed Union District Amendment and each New Plan and project area/expansion area and public hearing notice • Coordinate with MDC Attorney and City Attorney regarding agreement with the Ada County Highway District for the expansions area in the Union District Amendment and for the New Plans regarding Idaho Code Section 50- 2908(2)(a)(iv) • City Council ordinance approving the Union District Amendment and each New Plan • Post-ordinance adoption letters to state tax commission, county officials, and others regarding filing and recordation of documents Page 576 LL__#�18ay 6, 2021 Page 3 • Post-ordinance adoption letters to the taxing entities Coordination with City Attorney For the Second Deannexation to the Downtown Plan accomplishing the deannexation of parcels from the existing 2002 Project Area, the fourth Monday in July is the targeted date of completion. It is possible, this scope of work could be delayed and completed on or before September 1. To that end, the proposed timeline for the Second Deannexation to the Downtown Plan contemplates completion prior to July 26, 2021. It is contemplated the Union District Amendment and the New Plans timeline would be completed prior to December 31, 2021, and would have a January 1, 2021,base year. Timelines have been prepared for the New Plans. It is anticipated the Union District Amendment timeline will track with the Northern Gateway Plan timeline. For these timelines to hold, there will need to be significant coordination by and between City and MDC staff. It is possible, the timeline for the Union District Amendment and New Plans could slip to the first quarter of 2022. For the Second Deannexation to the Downtown Plan, the Union District Amendment, and the New Plans, many of the documents will need to be reviewed and approved by counsel for MDC and the City Attorney. We understand the Northern Gateway Plan, the Second Deannexation to the Downtown Plan, and Union District Amendment will be spearheaded by MDC, while the Ten Mile to Linder Plan will be primarily directed by the City. The engagement for the Second Deannexation to the Downtown Plan, the Union District Amendment, and the New Plans will be with MDC as MDC will implement the plans/project areas. We understand there will be/is a memorandum of agreement by and between MDC and the City related to the planning efforts associated with the Ten Mile to Linder Plan. The above scope of work does not include preparation of the eligibility reports; however, it does include review and comment on the eligibility reports prepared by an independent, third- party consultant prior to approval. Typically, the independent consultant would also be able to prepare the necessary attachments to the plans/plan amendment referred to as the economic feasibility study, which includes a review of the proposed project costs, anticipated revenue projections, and a conclusion that any proposed project or scope of work is financially feasible. We would assist the consultant in the preparation of the economic feasibility study and review the study's content but would not be responsible for the preparation of the data or the analysis of the data. For this scope of work, MDC and the City have authorized the engagement of Phil Kushlan, Kushlan I Associates ("Kushlan")to assist in the preparation of the reports, studies, and other documents listed above. Kushlan's scope of work will be directed and managed by Elam and Burke; however, Kushlan will invoice MDC and/or the City directly, as the case may be. Additionally, the above scope of work does not include retention of a surveyor or engineer to prepare the necessary maps and legal descriptions. MDC has already retained a contractor for this scope of work. Based upon the above scopes of work,please find the attached table including a breakdown of estimated costs and general scopes of work for Elam and Burke and Kushlan. Please note, these are estimates and reflect our collective best analysis of the anticipated costs for Page 577 LL--#�18ay 6, 2021 Page 4 planning purposes. It is understood that the fees/costs may be more or less than the estimated amounts. The ultimate cost of work to the client is determined by many factors that cannot be predicted. Also attached is a timeline "snapshot"highlighting significant dates in each timeline. Please call if you have any questions about the clarified scope in this letter. This letter is intended to supplement the original engagement letter. Please refer to the engagement for specific terms of engagement. Please note, Elam and Burke has obtained the necessary consent waivers from Galena and Shakoori . Sincerely, ELAM & BURKE A Professional Association 4 A g &,�Mj Meghan S. Conrad J�: �� Azj—,�� Ryan P. Armbruster MSC/ksk 4839-8933-7320,v. 1 Page 578 Item#18. General Scope of Work Legal Consultant—Phil Kushlan$200/hr. Complicating Factors Plan Amendment to Deannex Parcels from the Timeline;Preparation Preparation of Economic Impact Analysis • Timing;will likely need to be completed Downtown Project Area of the Plan • Review impact removal of parcels has (city council ordinance adopting the • Sub Area 1:Parcels in/around the Northern Amendment;Process on the Downtown District plan amendment)on or before 41 Gateway Area is the same as a new • Consider impact on any outstanding Monday in July • Sub Area 2:Jdaho Block plan obji ations MOUs,bonds,etc. -this • Surve /Le al for the deannexed areas - Deleted:City Hall Parking Lot Parcel ............................................................................................................................................................................... g ( ............ ) g would require sign-off by MDC will need to be done ASAP Estimate for scope of Counsel work$10,000- $15,000 Estimate for scope of work$10,000(there are quite a few parcels subject to the analysis;could be less depending on data to be provided by Ada County) Plan Amendment to Annex Sub Area 2 into the Union Timeline;Preparation Review of Sub Area 2 for eligibility. • Timing;to be completed(city council District Project Area of the Plan Preparation of the Eligibility Study ordinance approving the new plan)on or Amendment;Process before 12/31/21 is the same as a new Estimate for scope of work related to the • Survey/Legal would have been done as plan study: $3,000 part of the deannexation scope Estimate for scope of Preparation of the updated economic work$10,000- feasibility study $15,000 Estimate for the scope of work related to Assumes MDC the updated economic feasibility study: Counsel will negotiate $3,000 the ACHD agreement or the amended area Ten Mile to Linder Plan and Project Area Timeline;Preparation Review of the proposed geographic area for • Timing;to be completed(city council of the new/specific eligibility. Preparation of the Eligibility ordinance approving the new plan)on or Plan Study before 12/31/21 • Legal/Survey will need to be done Estimate for scope of work related to the ASAP study: $5,000 Page 579 Item#18. Estimate for the • Includes parcels outside the City limits scope of work Preparation of the economic feasibility study in unincorporated Ada County;consider $15,000420,000 annexing parcels into the City ASAP,- Estimate for the scope of work related to otherwise legal costs could increase as Assumes MDC the economic feasibility study: $7,500 will need to address County Counsel will negotiate consideration of the eligibility study and the ACHD agreement County ordinance/intergovernmental agreement Northern Gateway Plan and Project Area Timeline;Preparation Review of the proposed geographic area for • Timing;to be completed(city council of the new/specific eligibility. Preparation of the Eligibility ordinance approving the new plan)on or Plan Study before 12/31/21 • Legal/Survey will need to be done Estimate for the Estimate for scope of work related to the ASAP—current boundaries are scope of work study: $7,500 unknown $15,000420,000 • Number of parcels is greater than the Preparation of the economic feasibility study Ten Mile to Linder Project Area Assumes MDC • Includes parcels outside the City limits Counsel will negotiate Estimate for the scope of work related to in unincorporated Ada County;consider the ACHD agreement the economic feasibility study: $10,000 annexing parcels into the City ASAP,- otherwise legal costs could increase as will need to address County consideration of the eligibility study and County ordinance/intergovernmental agreement Page 580 Item#18. MERIDIAN develo meat . R corp. AMENDED TASK ORDER AGREEMENT PURSUANT TO PROFESSIONAL SERVICES AGREEMENT —ENGINEERING'" This is amended Task Order(TO) to provide surveying services for the creation of two new urban renewal districts and changes to existing districts is executed pursuant and subject to the Professional Services Agreement between Civil Survey Consultants, Inc.(Consultant),and the Meridian Development Corporation(MDC)dated January 23,2019(Agreement). WHEREAS,MDC and Consultant entered into a Task Order Agreement on March 31, 2021 and need to amend the task order agreement. WHEREAS,the Parties desire to execute this amended TO as described herein; NOW THEREFORE,for good and valuable consideration the Parties agree as follows: 1. The parties agree that Consultant will perform the surveying services to assist in the creation of two new urban renewal districts and changes to existing districts as noted the attached Scope of Work(See Exhibit A attached hereto and incorporated herein). This amended TO is issued pursuant and is subject to the Agreement between MDC and Consultant. This amended TO shall be effective May 12, 2021 and amends the TO effective March 31, 2021. This amended TO shall be completed in accordance with the terms of the Agreement. MERIDIAN DEVELOPMENT CORPORATION CIVIL SURVEY CONSULTANTS, INC. By; G , By. Printed Name: Dave Winder Printed Name: Matt Hart Title: Board Chair Title: President Attest: f� � r LStev., ssek,Secretary 1 _ Page 581 Item#18. Exhibit A-Scope of Work CIVIL SURVEY CONSULTANTS, INC. FOR MERIDIAN DEVELOPMENT CORPORATION SCOPE OF WORK—REVISED May 5, 2021 FUTURE URBAN RENEWAL PLAN LEGAL DESCRIPTIONS (NORTHERN GATEWAY, OVERLAND—TEN MILE TO LINDER, AND IDAHO BLOCK) PROJECT UNDERSTANDING Mendian Development Corporation (MDC) has Identified three areas in Menclian that are proposed to be part of a future Urban Renewal Plan: • Northern Gateway: generally located in the vicinity of the intersection of N. Meridian Road and E.Fairview Avenue east to approximately N.Jericho Road_ • Overland—Ten Mile to Linder. generally bounded by S.Ten Mile Road, W. Overland Road,S.tinder Road,and Interstate 84. • Idaho Block: generally bounded by Main Street, Idaho Avenue, 2-,d Street, and Broadway Avenue_ The Surveyor shall prepare a legal description and an exhibit map for each of the Urban Renewal Plan exterior boundaries. SCOPE OF WORK Task 1 —Administration I'll Project Management—Provide ongoing management of project,including regular status updates and coordination with MDC. Task 2—Surveyffici and Data Collection 2.1 This task includes work associated with surveying duties performed in the field required to establish property boundaries. 2.2 This task includes office work associated with research of relevant subdivisions, parcel deeds,records of surveys,and right-of-way acquisitions in the Ada County Recorder's Office required to establish property boundaries. 2.3 This task includes office work associated with establishing, calculating, and drafting the property boundaries. SOW-Fuum Udm Renewal Pon L•gal DrArO rs(Reused) Pap 1 e 3 CNa Survey Camr4m,Ire. May:.2021 2 Page 582 Item#18. Task 3--Document PreQaration 3.1 This task includes preparing a legal descnption and an exhibit map for each of the Urban Renewal Plan extenor boundaries. This does not include legal descriptions for individual parcels within the Urban Renewal Plan exterior boundaries. ASSUMPTIONS • Ea5ement preparation is not part of the scope of work. • TPtie reports are not part of the scope of work. TIME OF COMPLETION and COMPENSATION SCHEDULE COMPENSATION AND COMPLETION SCHEDULE NORTHERN GATEWAY URD Task Description Due Date Compensauon 1 AdmmstrjWn • 60 days from notice to pmoee# S290.00 2 Surve/ing and Data Collection ■ 60 days from notice to proceed $6.125.00 3 Document Preparation • 60 days from notice to proceed $890 00 NORTHERN GATEWAY URD TOTAL:$7 305.00 COMPENSATION AND COMPLETION SCHEDULE OVERLAND-TEN MILE TO LINDER URD Task Description Due Date Compensation 1 Adm astroUon • 6D days from notice to proceed 329o.0D 2 Surreying and Data Collection • 6D days from notice to proceed $4,165.00 3 Document Preparation -6D days from notice to proceed S745.00 OVERLAND-TEN MILE TO LINDER URD TOTAL:S5.200,00 COMPENSATION AND COMPLETION SCHEDULE IDAHO BLOCK URD Task Description Duo Date Compensation 1 Administration " 60 days from notice to proceed S290.00 2 Surveying and Data Collection •60 days from notice to proceed $1.750.00 3 Document Preparation • 60 days from notice to proceed $245 00 UNION DISTRICT MODIFICATION URD&DEANNEXATION TOTAL:S2.285.00 SOW—Future Urban Renenal Pan Legal Dear in"iRev,u4; Pape 2 e3 C vd Survey Cons.Ptam irc_ May D.?321 --A 3 F Page 583 Item#18. COMPENSATION AND COMPLETION SCHEDULE TOTAL SCOPE OF WORK Task McnpUw Due Date Compensation 1 Adrrkrstra'" 60 days from notce to proceed 5870.OD 2 SZave= 3W Data Cdiedm • 60 days from ncece to proceed S12 040.00 3 �n err PWarx an a 60 days IT=natce to proceed $1,880.00 5COPE OF WORE(TOTAL:S14.790,E1© The Not-To-Exceed amount to complete all services listed above for this Scope of YJoPK is 514,790_00. No compensation will be paid over the Not-to-Exceed amount without prior written approval by NIDC in the form oT a Change Order, The hourly rates for services and direct expenses are per the attached estimate and will be the basis for any additions and/or deletsons n services rendered. SOW-Fumm LhhaF Ransil Ptsn Leyil Dvurot m(Rwsed) Papa 3 e 3 GW Suwy cor"ana.kc May 6,2021 4 Page 584