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HomeMy WebLinkAbout2023-01-03 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, January 03, 2023 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Joe Borton Councilwoman Liz Strader Councilman Brad Hoaglun Councilwoman Jessica Perreault Councilman Luke Cavener Mayor Robert E. Simison ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Borton. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilwoman Perreault, Councilman Cavener 1. Approve Minutes of the December 13, 2022 City Council Work Session 2. Approve Minutes of the December 13, 2022 City Council Regular Meeting 3. Approve Minutes of the December 20, 2022 City Council Work Session 4. Development Agreement (Allure Subdivision H-2022-0050) between the City of Meridian and Percy Farms LLC for Property Located at 5385 S. Meridian Rd. 5. Ledges Business Center No. 1 Sanitary Sewer and Water Main Easement 6. Rustler Subdivision Sanitary Sewer Easement 7. Rustler Subdivision Sanitary Sewer and Water Main Easement 8. Sherman Williams Water Main Easement No. 1 9. Inter-Agency Agreement between the City of Meridian and Ada County Highway District for the Construction of Water Systems Interconnect Vault 10. Fiscal Year 2023 Net-Zero Budget Amendment in the Amount of $10,000.00 for Meridian Development Corporation Sponsorship of Concerts on Broadway 11. Memorandum of Agreement for Contribution to 2023 Concerts on Broadway Between the Meridian Development Corporation and the City of Meridian for a Not-to-Exceed-Amount of $10,000.00 12. Approval of Purchase Order #23-0142 to Metroquip for one 2022 Vactor HXX Paradigm Water Excavator with a 2024 Freightliner Cab & Chassis for the Not-To- Exceed amount of $323,492.63 (written against the Sourcewell Cooperative Contract #101221-VTR per State Statute 67-2807) 13. Subrecipient Agreement Between the City of Meridian and Neighborhood Housing Services, Inc., DBA NeighborWorks® Boise for Program Year 2021 Community Development Block Grant Funds 14. Professional Service Agreement with TAG Historical Research & Consulting for Reconnaissance Survey of Historic Properties 15. Resolution No. 23-2362: A Resolution of the City Council of the City of Meridian, Idaho, Setting Forth Certain Findings and Purposes to Declare Surplus Property and Authorizing the Donation of Certain Computer and Equipment to Computers for Kids 16. Resolution 22-2363: A Resolution Designating the Certifying Officer for Environmental Reviews Related to Community Development Block Grant Projects 17. Resolution 23-2364: A Resolution Approving Adoption of a Substantial Amendment to the Community Development Block Grant 2017-2021 Consolidated Plan and the Program Year 2019 Annual Action Plan 18. City of Meridian Financial Report - November 2022 ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 19. Public Works: Water and Sewer Line Private Insurance Program 20. Parks and Recreation Department: Summer Events Update ADJOURNMENT 5:12 PM Meridian City Council Work Session January 3, 2023. A Meeting of the Meridian City Council was called to order at 4:32 p.m., Tuesday, January 3, 2023, by Mayor Robert Simison. Members Present: Brad Hoaglun, Joe Borton, Luke Cavener, Jessica Perreault and Liz Strader. Also present: Chris Johnson, Bill Nary, Laurelei McVey, Renee White, Shawn Harper, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader X Joe Borton _X_ Brad Hoaglun Vacant X Jessica Perreault _X_ Luke Cavener X Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is January 3rd, 2023, at 4:32 p.m. We will begin this afternoon's work session with roll call attendance. ADOPTION OF AGENDA Simison: First up is the adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move adoption of the agenda as published. Borton: Second. Simison: I have a motion and second to adopt the agenda as published. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted. MOTION CARRIED: ALLAYES. CONSENT AGENDA [Action Item] 1. Approve Minutes of the December 13, 2022 City Council Work Session 2. Approve Minutes of the December 13, 2022 City Council Regular Meeting Meridian City Council Work Session January 3,2023 Page 2 of 16 3. Approve Minutes of the December 20, 2022 City Council Work Session 4. Development Agreement (Allure Subdivision H-2022-0050) between the City of Meridian and Percy Farms LLC for Property Located at 5385 S. Meridian Rd. 5. Ledges Business Center No. 1 Sanitary Sewer and Water Main Easement 6. Rustler Subdivision Sanitary Sewer Easement 7. Rustler Subdivision Sanitary Sewer and Water Main Easement 8. Sherman Williams Water Main Easement No. 1 9. Inter-Agency Agreement between the City of Meridian and Ada County Highway District for the Construction of Water Systems Interconnect Vault 10. Fiscal Year 2023 Net-Zero Budget Amendment in the Amount of $10,000.00 for Meridian Development Corporation Sponsorship of Concerts on Broadway 11. Memorandum of Agreement for Contribution to 2023 Concerts on Broadway Between the Meridian Development Corporation and the City of Meridian for a Not-to-Exceed-Amount of $10,000.00 12. Approval of Purchase Order#23-0142 to Metroquip for one 2022 Vactor HXX Paradigm Water Excavator with a 2024 Freightliner Cab & Chassis for the Not-To-Exceed amount of $323,492.63 (written against the Sourcewell Cooperative Contract #101221-VTR per State Statute 67- 2807) 13. Subrecipient Agreement Between the City of Meridian and Neighborhood Housing Services, Inc., DBA NeighborWorks® Boise for Program Year 2021 Community Development Block Grant Funds 14. Professional Service Agreement with TAG Historical Research & Consulting for Reconnaissance Survey of Historic Properties 15. Resolution No. 23-2362: A Resolution of the City Council of the City of Meridian, Idaho, Setting Forth Certain Findings and Purposes to Declare Surplus Property and Authorizing the Donation of Certain Computer and Equipment to Computers for Kids Meridian City Council Work Session January 3,2023 Page 3 of 16 16. Resolution 22-2363: A Resolution Designating the Certifying Officer for Environmental Reviews Related to Community Development Block Grant Projects 17. Resolution 23-2364: A Resolution Approving Adoption of a Substantial Amendment to the Community Development Block Grant 2017-2021 Consolidated Plan and the Program Year 2019 Annual Action Plan 18. City of Meridian Financial Report - November 2022 Simison: Next up is the Consent Agenda. Hoaglun: Mr. Mayor? Simison: Council Hoaglun. Hoaglun: I move approval of the Consent Agenda and for the Mayor to sign and Clerk to attest. Borton: Second. Simison: I have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: ALLAYES. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items moved from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 19. Public Works: Water and Sewer Line Private Insurance Program Simison: So, we will go on to Department/Commission Reports. First item up is Item 19, Public Works water and sewer line private insurance program. Turn this over to Laurelei McVey. Welcome back, Laurelei. McVey: Thank you. Seal: Maybe you want to spend just as a quick second and letting Council know about your time on the east coast. McVey: Sure. So, I did just get back from North Carolina. So, this past year I was accepted into a leadership program at Duke University. So, I was one of 17 water Meridian City Council Work Session January 3,2023 Page 4 of 16 professionals across the U.S. that got to participate in that, so that was a really awesome opportunity and it was fully covered by Duke. So, the travel and the training and -- it was a really -- really great experience. All right. So, thanks for giving me a couple of minutes of your meeting this afternoon for this exciting topic. So,just so you guys know this is just an informational presentation. I am just seeking your feedback and direction on which way we want to go. So, no specific decisions that need to be made today, but just sort of looking for your input and desire. So, the premise of this presentation is whether or not we as the city should be involved in informing residents about their responsibility to maintain and repair their private water and sewer laterals and assist in providing voluntary insurance options for that. So, the city is responsible generally for water and sewer lines from the property line or the utility easement, which is usually the sidewalk. So, we are responsible from there out to the city main line. So, if anything happens in that area we are responsible for finding, fixing, taking care of it. However, if a problem occurs from the sidewalk all the way through the resident's yard and the plumbing in their house, the resident is responsible for that and a lot of people know that they are responsible for their own internal plumbing, but a lot of people don't know that the pipes in their yard are their responsibility. So, why does this topic matter and what -- what are some issues that we can see? So, the most common that we see on the private side of the lines is backups and clogging due to improper use. So, fats, oils, and greases, flushable wipes, those kind of things. We also see sometimes excavation damage. So, people digging in their yards to fix sprinklers or plant a tree or any of those things. Also in certain parts of town if you have older vegetation, sometimes trees, so they look for water and they will go into the cracks and joints of pipes and search out that water that's inside of your -- generally they go into the sewer pipes and that will cause blockages and, then, certain material and age. So, most of the City of Meridian is newer and is built with PVC, which is much more resistant to some of those things. But certain parts of older town Meridian are made with different type of pipe material, which can be more susceptible to breaking and some of that root infiltration. So, if a homeowner is not aware of their responsibility they may be caught off guard by sometimes pretty large expensive replacements to fix these -- these lines. When the city has to replace or fix our side of the lateral on the sewer side, generally we look at about a 7,000 bill. So, that can be a lot for a private homeowner. Most standard homeowner insurance policies do not automatically cover these types of repairs, so there are some insurance companies where you can get an add-on for your external plumbing, but that has to be something that you call and request and set up. So, is this an issue in Meridian? One of the things when you are looking at an issue is measuring risk. So, most of the lines, like I mentioned, in Meridian are relatively new and are made of PVC and should last a really long time without issue. However, that's not true for every resident in Meridian. So, when we started looking at this issue we looked at four options initially that we will cover today. So, like I mentioned, it's important to balance risk, cost and effort with potential impact and benefits of these. You will see the last item on there -- we won't -- I won't cover in detail. It was pretty quickly taken off the table was can the city provide insurance to residents and the answer is, no, we can't extend our city line of credit for that. So, what if we do option number one, maintain status quo. So, currently today we are not responsible for any kind of outreach to residents about their own private sewer lines. We generally don't have significant issues throughout the city. But, like I said, we -- we do have a couple that usually pop up every year and, you know, that can be a Meridian City Council Work Session January 3,2023 Page 5 of 16 challenging and expensive repair for residents. So, what this map shows you is this is the areas in Meridian where water and sewer infrastructure is over 50 years old and you can see there is not much. So, just some of the downtown. So, likely most of Meridian won't have problems with their lines for a long time, but that's not to say it can't happen. So, if we maintain status quo of not really doing any outreach, it's relatively low risk for the city, low effort, low cost, but for the residents that could be impacted we are -- we are not really doing anything to -- to assist. So, what I'm calling kind of the middle option is what if we take a little bit more of a proactive approach in informing customers of their responsibility for their service lines. So, there is kind of two ways we can do that. The first would be to just do it internally with our city communications team. So, what that would look like is maybe a billing insert, maybe some social media posts, maybe we create a site on our web page that has information for people. Again, relatively low cost to the city to do that, but it would impact the workload of our communications team and it may only reach a small portion of residents who use our social media or people who look at their billing inserts. So, you know, moderate impact, but definitely would not get out to potentially the whole city. So, another option that we could do is -- that would have larger reach to residents would be to partner with a private insurance company to provide an exclusive marketing campaign for the city. So, both Veolia for City of Boise and City of Nampa do this. So, what would it look like? It would be zero cost to the city. It would be relatively low impact on staff and it would potentially reach all citizens through mailings. So, what we would be agreeing to is an exclusive marketing campaign where this vendor would use the city's logo and the city's address on their material. It would come with the city's endorsement of this company. So, I'm going to talk about HomeServe. Our legal and our purchasing department have said if we choose to go through this option — so HomeServe is one of the types of companies that can provide this, but if we were to go down this we would do an RFQ, open it for solicitation, see if there was other companies. But HomeServe is the company that both Boise -- or Veolia and Nampa use. So, I will use it as an example. But it's not an endorsement today. So, what does HomeServe do? They conduct two to three mailings per year and those mailings go out -- they provide private insurance. So, all of the billing, all of the claims, all of the repairs, the payments are handled directly through HomeServe. So, there is no interaction with the city on that. They send out, like I said, letters that have the city logo. So, this is an example of a city. So, it does look like it is coming from the city and it generally has language in the letter that says that, you know, this is a program that's endorsed by the city and the reason they do that is it increases the open rate and the participation rate and gives this program credibility. So, what do they cover? So, there is various options that the customer can opt into, including external water and/or sewer line protection and, then, also internal plumbing coverage. So, what does this cost? Depending on the services that the customer selected it would be between about six dollars to 25 dollars a month. They also offer an optional revenue -- or royalty revenue sharing program. If the city chose to opt into this the rates are slightly higher for the residents, but, then, that extra revenue gets returned to the city. Most cities that do that, then, use that revenues for some kind of community benefit, so either low income utility bill assistance or some kind of repair projects. So, if the city decided to go down this path there is -- there is pros and cons. So, the pros -- there is zero cost to the city to do this. Really minimal effort on city staff. Probably the biggest impact on city staff are going to be the -- the MUBS group who get Meridian City Council Work Session January 3,2023 Page 6 of 16 the calls about these letters and is this a real program and do I have to sign up. We could potentially reach the whole city and we would reach them over and over and over again, because we would be doing these outreach events at least twice a year and, then, customers who want this service would have that opportunity for a relatively low cost to opt into this insurance program. So, some of the potential cons, like I mentioned, you know, people are going to get another letter and could be upset by potential feeling like it was spam. They could have some questions on whether this is a city program, are they required to opt in, those kind of things. And the overall risk to Meridian residents is relatively low for the city as a whole, but there are sections of our city that may benefit from this -- this type of program. So, essentially, I'm just looking for feedback, direction, questions from you guys on whether you would like us to go to that step of looking for an RFQ, soliciting for a third party insurance vendor. Would you like us to just do internally led city outreach or just maintain status quo, that the -- the residents are responsible for their own side of the infrastructure. So, with that I will stand for questions, comments, discussion. Simison: Thank you, Laurelei. Council, questions? Comments? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I definitely read through the memo and appreciate the thoughts around it. My opinion should we inform the citizens? Yes. I think we should inform everyone. Be a great part of the city website. I think it would be great to do an outreach campaign. Social. Bill inserts. I'm really uncomfortable about partnering with a vendor. It occurs to me that it's an inappropriate product for a lot of people and I think that it's risky for the city to be promoting a product that may not make financial sense for people considering the average life of PVC and it might make more sense to do a targeted outreach campaign to the people that are in that section that are 50 years old, you know -- that have the infrastructure that's 50 years old. Excuse me. So, I think it -- you know, really targeting maybe more specific direct outreach to that population makes sense, but I just -- you know, calculating it, even over 20 years, you know, at the high end of that range, that's over 5,000 dollars and the chances of the average Meridian homeowner running into this issue is pretty low. So, I feel like our role is to educate people. The use of the city logo. The possibility for confusion about whether it's a requirement or not, especially with elderly residents. I just -- I don't think it's appropriate for us to recommend a private insurance product. You know, we don't recommend private homeowners insurance either. That's kind of my take on it. Thanks. McVey: Thank you. Cavener: Mr. Mayor? Simison: Councilman Cavener. Meridian City Council Work Session January 3,2023 Page 7 of 16 Cavener: Lauralei, I appreciate the memo and you and I kind of went back and forth a little bit as well. I share I think Council Member Strader's concerns. I think the part, too, that I worry about is that insurance is all great for all of us when it works, but when there is a hang up or a hiccup, boy, that is really, really frustrating and to have the city tied to that -- I could see, you know, a citizen come and saying to the City Hall, hey, you -- you endorsed this and they are -- they are not following through on their obligation and how the city now is getting pulled into, you know, engaging with a third-party business. To -- to Council Member Strader's, you know, I think really correct examples, because there is so few that really would be impacted by this, it doesn't seem like it would be the right approach for us to partner a for profit company to market their services to our entire city. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I think I generally agree with my fellow Council Members, but have a couple of questions. So, in your research did you happen to find out what their claims rate is and also how many of these claims are from damage that's caused from excavation versus old lines? Obviously we know our population of old water and sewer lines, but how many of these -- you know, do we know that -- those kind of ratios, even from our neighboring communities? McVey: Council Woman Perreault, I do not have those statistics, but I could get those from you, so -- or for you. So, we -- we did do research into this company and product and this specific company HomeServe is the only company that's endorsed by both the National League of Cities and AIC and they do have a customer base of over a thousand municipalities. So, we did do some calling to just see are people generally satisfied with -- with the product and for the most part and, you know, to Councilman Cavener's point when it's covered great. They do great service. The repairs happen within days. But, again, with any insurance product it's whether you need it and whether what happens is covered. But I could find out those specific statistics. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I think it would be good to find that out, whether the city chooses to do its own educational program or whether we choose to partner. Personally I -- I agree with my fellow Council. I don't love tying ourselves to a private company where we have no involvement or influence in the outcome. But I do like the idea of--of doing an educational campaign and I don't have a problem with the city recommending multiple companies, maybe a choice of three or something, in addition to encouraging folks to contact their own homeowners insurance companies and see if there is a rider that can be added on to their policy. I like that idea. I'm curious how many of our billing customers receive their information by mail versus by e-mail or how many are paperless and if that will affect our decision as well. Obviously, a lot of folks don't pay attention to those things. So, really Meridian City Council Work Session January 3,2023 Page 8 of 16 kind of analyzing if that's worth the money and time --staff time investment and, you know, if we have 25 percent of our customers that are paperless and we can look at the click rates and see if they are opening those kinds of things, that may help us decide whether it's worth our staff time to do it, so -- Simison: Council, any additional questions, comments? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I think you -- I think you have got consensus. That middle approach makes sense. We might be blessed that it's not a pervasive problem here, but I know we appreciate you being proactive in trying to help customers avoid problems before they occur, so — McVey: Another thing we could do over the next little bit is Nampa is relatively new in their program. They just implemented it this fall and -- and they have had, you know, buy in and so we --we could try to track requests that we get over this next year for, you know, is this something the city is going to do or interest or outreach as we kind of promote this topic more. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah, Laurelei. And that's something I'm interested, because, you know, we can -- they -- they possibly could get a rider on their insurance -- homeowners insurance policy, but they might not. So, is that offered? You know, what's the product out on the market. And if there is a dearth of products, then, you got to think about risk pool, so you need an entity that can provide enough coverage and cover claims and make money while doing it, of course. So, that's always -- always something that if -- if you leave people in a lurch where they don't even have an option of having insurance, you know, then, we probably need to take a look at it. But if there is private coverage that's available and insurance is just a personal decision, do you want it or not want it, so how do you -- how do you go about doing it? But if there isn't that option, then, I think, okay, we should probably relook at having that provider available and, again, you know, there is -- there is that risk, they look at and see the city logo and, then, oh, that's a city program, which -- which it is not, but because we provide city services of water and sewer to the homes I think a lot of people are under the misconception that, oh, if something goes wrong the city takes care of it, which I think that has been spoken to already. There is a need to do educational campaigning that here is where the line is, what --what happens if, you know. So, definitely think we need to be doing that. Borton: Mr. Mayor? Meridian City Council Work Session January 3,2023 Page 9 of 16 Simison: Councilman Borton. Borton: Question on that, Laurelei. The common problem of root intrusion -- I'm just curious while you are here talking about it, does that impact pipes new and old? Because that— that seems to be where folks really get caught is -- is that happens. McVey: Yeah. So, Councilman Borton it's generally the older material. So, the older water pipes are -- some of them are made of metal, which they get corrosion and pitting and become more fragile. But where it actually happens more is in the sewer pipes and back -- I think they stopped making this in the -- oh, I want to say the early '50s, '60s, but it's called Orangeburg pipe and we do have some of it in downtown Meridian and it's actually pipe that's made out of cardboard and tar. So, you can imagine over time that does not necessarily hold up. So, that's where we generally see more of the root problems. But anywhere where there is joints on pipes, if the seal or the ring fails or you get any sort of cracking, the roots can find their way in and, then, once they are in it can be a problem. We -- we on the city side have older lines in downtown that we have to do routine root maintenance and clearing in it. Borton: Yeah. And -- Mr. Mayor? Simison: Councilman Borton. Borton: When we -- when we look at the -- the budget on the camera trucks, right, there is always images that you provide of -- of some of the shockers they find and it's root intrusion all over the place in -- in some parts of town, so -- Simison: Laurelei, I want to say thank you. I know this came from me attending some conferences and hearing about this company and -- and making sure we want to see if this was right for our community. You know, I think the one thing that's -- if we do an education campaign -- is kind of funny, when you pull up your slide and you show, you know, this is what you are responsible for, but actually the sidewalk, which is something that the homeowner is also responsible for if there is any problems with the sidewalk -- now this has nothing to do with that. I think we do have to be careful on what we communicate if we were to use a slide like that, because that's the home — according ACHD the homeowner is responsible for any repairs to the sidewalk from anything that occurs. You know, roots or cracking or other problems, so — McVey: That's -- that's a great point. It's a little bit hard to get a visual that applies for, you know, everywhere and depending on the city and their ordinance -- like for Nampa, for example, the customer is responsible for the line all the way out until it hits the -- the main line and so that -- that can be another area of significant piece that they are responsible for. So, each property is kind of different on where the property line falls and -- Simison: Or their responsibility if it's not on their side — Meridian City Council Work Session January 3,2023 Page 10 of 16 McVey: Yeah. Simison: -- because of ACHD has stated that they are responsible for, so — McVey: Thank you. 20. Parks and Recreation Department: Summer Events Update Simison: Thank you. Next up is Item 20, Parks and Recreation Department summer events update. Turn this over to Renee. Borton: Go summer. White: Go summer. Simison: Wait. Wait. Wait. Wait. Wait. Just getting started on ski season. Let's — White: Well, I hope you have all enjoyed your holidays. We are not skipping a beat in moving very quickly into planning for spring and summer within — in the Parks special events department. Of course that includes updating the website, securing our sponsors, picking our movies. So, along with what is already planned and already approved, I am bringing forward a proposal to you to get your feedback regarding the possibility of adding some other -- some additional events to our docket. We would like to -- and it has been in our budget for the last couple years -- begin producing Kleiner Park Live. The series is based on upbeat fun, family-friendly music. Local entertainers. As I have mentioned it's been in the budget for a number of years and for various and sundry reasons that I won't list here we haven't produced them, but we are very excited to begin offering those. We really do feel as if that's going to bring out a different demographic to the park on a Friday night than perhaps the movies would. With a movie you have got something that starts fairly late. It's after dark and that can be 10:30. The -- the movies are all family friendly, which is great, but not everybody is interested in seeing a G rated movie. Not everybody can stay up that late. So, that's sometimes -- yeah. Sometimes your older people and younger people. Falls on both ages. So, we would like to -- we are proposing reducing the number of movies that we offer to six. In the past we have offered them from the time school gets out -- from the time, yeah, summer starts to the time school goes back in that can be 11, 12 Fridays. This particular year we would like to reduce those down to six and on the alternating Fridays we would like to offer Kleiner Park Live. As I mentioned, both of these events have already been in the budget and have been approved. They are also both one of those rare budgets that I have to go and get sponsorship for and so we don't spend what we don't make. So, I do have to get a jump on that now. So, I come before you -- I realize that Movie Night is near and dear to everybody's heart. It's a long standing tradition. It started in 2007 when we had 64,000 people in our community. We now have -- depending on who you ask -- over 125,000. And so we would very much like to offer something of a different sort. One of the questions that we do get is how is this going to impact The Village at Meridian? They are no longer offering their Friday night concert series or any of their concert series and my Meridian City Council Work Session January 3,2023 Page 11 of 16 understanding is they don't do that, because it was not serving the restaurants that are there. People would come and park stay and they weren't turning over tables, which is what they need to do to make money. It was also becoming so popular it was just kind of creating that traffic jam of people who weren't shopping or, you know, eating more than they could get on a Friday night, in which they were turning over the tables. So, while we do have a -- a no compete clause that happens with the movies, in The Village we do not have any sort of -- anything that has to do with concerts. One of the other questions that we get is how is the shade coming. That's one of the reasons that we haven't done it in the past and we now have those gorgeous shade -- shade sails. Say that five times fast. And which the -- the bands appreciate and so they are shaded. We also have planted a variety of trees that are in the process of growing and providing shade for --for the people who come and aren't on the dance floor, but are in the -- the amphitheater. So, those are a few of the reasons why we are excited to start actually doing these and so I come before you and hope that you see this as an opportunity to reach -- reach more people and get them out actually moving; right? Not everyone dances, but -- Simison: Thank you, Renee. Council, questions, comments? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Hello. Good to see you. White: Hi. Thank you. Good to see you. Perreault: So, will this be set up kind of like what we do out here in front of City Hall in September where you will have bands and we will have contracts and -- and it will be, you know, folks that bring their own chairs and -- is that kind of the feel of it? It will be at the amphitheater? White: Yeah. It will be in the Kleiner Park bandshell. And, yes, we will contract with local entertainment. So, Sole Purpose, Jukebox, local, you know, bands that are upbeat, do cover tunes and -- and fun things and so, yeah, it would be similar that people bring their own chairs or blankets and food and — yeah. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Well, first of all, I just want to rewind back to the winter holidays and thank you, because you bent over backwards to add the Hanukkah menorah to our winter municipal decor. That was very much appreciated. Along with Mike Barton and Steve Siddoway and I know the Mayor's office. So, I just wanted to say thank you for that. I think this is a great idea. I mean this is why we have a bandshell. That's the whole purpose of it. think adding live music is a fantastic idea. Meridian City Council Work Session January 3,2023 Page 12 of 16 Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I tend to agree. I think that live music is important. I think Kleiner Park was envisioned to serve that. I struggle a little bit with the -- the planning around Movie Night, Kleiner Park Live, Movie Night, Kleiner Park Live. Events are successful when they are predictable and I think that's why Movie Night has been so popular is that people know Friday night, Settlers Park, good, bad and different, they plan for that and I -- I worry this one foot in, one foot out every other week is ultimately going to impact both events. I also feel like and -- I -- I know that The Village isn't necessarily doing their concert series right now, but I have heard they have got some other plans for this year. You have got the Albertson's across the street that does live music. I always just get a little bent out of shape anytime we start to compete with the private sector when it's so close. So, I -- guess my -- again, you ask us what you want, you are going to get eight or nine different answers -- is to see how -- if we need to reduce Movie Night or see how the reduction of events in The Village impact what's going on at Kleiner Park. What I also don't want to have happen is if -- if the restaurants and the vendors, you know, the retailers at The Village are upset that their concert series is taking away from their customer base, I would hate that the city's event would end up doing the same and that would fill the parking lot up, but people aren't coming into the restaurants, they are going to the movies. So, guess whatever decision you all make is that it's a slow and cautious approach, as opposed to just ripping the Band-Aid off. And I for one would like to see Movie Night remain every week in Meridian. Borton: Mr. Mayor? Simison: Council Borton. Borton: Logistically, amongst the due diligence you did to get to today, I presume that was -- was part of it. Logistically is -- is doing a Kleiner Park Live and a Movie Night on the same night possible? White: No. Borton: I didn't think so. White: We don't currently have the staff to be able to -- to manage two events on the same evening and/or the both of these series in full during the summer without additional staff. Borton: What's the Albertson's event? I — what do they do? Cavener: Mr. Mayor? Simison: Councilman Cavener. Meridian City Council Work Session January 3,2023 Page 13 of 16 Cavener: The Albertson's with their -- that Marketplace, they have got on Fridays and Saturdays live local music acts that play within their facility, because they have got a restaurant and a little bar space inside. Yeah. And it's -- it's very popular. So, something -- like my wife and kids we like to go to on a -- on a Friday night, go grocery shopping and have a little bite and listen to a band and -- our gal about town Shelly Houston has lots of photos on her Facebook page of different bands that have played at Albertson's if you want to check it out. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: This is interesting. So, is it -- it sounds like it's different, though, than being outside on the grassy plaza and live music and walking around and vendors and sunshine. Cavener: Sure. I would say it would be different, but I still think that it's -- I mean it's live local music in a place that a -- you know, a private business is doing that to attract a customer base. I would hate that we would, then, do a very similar event in nature that is — would maybe take away from what they have been doing for a couple of years. Borton: Yeah. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you very much, Councilman Cavener. I think if -- if we take that a step further, you know, we can't -- I mean, then, from the city's perspective we would have to really cancel all -- all events in our fields or, you know, anything that would be happening on a Friday night that might interfere with — so, I don't — it's only six evenings. It's — you know, they have that music event — I think all year long. So, there is a lot of things that— that compete for folks' — folks' attention on Friday evenings in the summertime that happen on city property. So, I — I — I understand what he is saying. What I do like about it is I like the fact that you are having events in two different locations in the city instead of one. As a matter of fact, it would be great if we even — even got something on the south side of the freeway or something at some point. So, I like that — I like that it gives options, especially since we are getting a lot of -- from multi-family in the -- you know, over by The Village that it gives people an opportunity to walk somewhere and, you know, that's --that's just in a different area of the city. So, I like that--whether--whether Council goes one direction or the other, I like that it's in two different locations and gives people options. Strader: Mr. Mayor? Simison: Council Woman Strader. Meridian City Council Work Session January 3,2023 Page 14 of 16 Strader: What -- I'm sure you thought of this, Renee, but, you know, another option could be to block it; right? So, you have six weeks of Movie Night and, then, you do six weeks of the concert series. I do think that would help with Councilman Cavener's concern about people being confused about which week is on for movies versus concerts and it might actually make things a little easier. I -- I don't know. Just thinking about blocking your time and having one focus is just something to think about. I think that could help with that issue. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I think when it comes to entertainment and people are interested in something they mark it on their calendar and they -- they do it. They may not remember when the recycling -- recycling bin is supposed to go out, but they will remember when it's entertainment and they want to be entertained, so -- yeah. And thinking through that, you know, whatever you decide on —you know, is it six and six or every other-- I am assuming the Movie Night is still at Settlers Park. White: Yes. Hoaglun: And -- and I would assume that, Lieutenant, that police presence would still be there, but that would help in terms of-- it's going to be a different -- different demographic at Kleiner Park than there is at Movie Night and -- and the time of day kind of hopefully would lessen the workload for -- for our police on that. I don't know if you want to speak to that, but those are just kind of my assumptions. If you want to speak into that. Harper: Mayor, Councilman Hoaglun, we can service it. We have a --with our SRO team in the summertime as the jet team. There will be a number of officers available to support it and make sure it's a safe event. Hoaglun: Okay. But I -- I think, Mr. Mayor, to continue — Renee, you made a good point when -- when Movie Night started back in 2007 we were at 64,000 and our population has doubled and so having different events, whether atAlbertson's or anyplace else, there is an opportunity. You are not going to have everyone show up at Albertson's. It's -- it's a draw. You know, when I hear concerts at Kleiner Park and I'm thinking, oh, Village, you can go there, have dinner and, then, go walk over to the park and have that nice evening. You know, I -- I like that synergy there. So, it -- it makes it kind of special and I don't think it takes away from the other just because we have grown so much. It just offers another opportunity for -- for that -- that culture, if you will. So, I -- I - I think it's a good idea. It's just a matter of it's been discussed how -- how you go about doing that. Is it blocks? Is it every other? I -- I don't -- I don't think it matters a whole lot and -- and the fact that you sponsor both, you get private entities involved to help pay the bills and whatnot and they get advertising, so that's always a good thing. So, yeah, I -- I think it's something that you ought to take a look at and -- and just like you do with your other programs, you try something, you look at it and you -- and you tweak it if need be moving forward, so -- Meridian City Council Work Session January 3,2023 Page 15 of 16 Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Renee, do you anticipate that doing both these would reach the same amount of people and do we anticipate the same amount of people that would go to Movie Night, similar amount of people -- maybe different; right? But the same raw number for both events? I guess my hope would be is that if we are doing this that we are increasing the amount of participation, not decreasing, and so I guess I -- maybe you have thought about that and — White: That is -- that is my hope as well, that the folks that maybe pick one Movie Night that they are still going to come to one Movie Night. If they come all season they are still going to come all season. But that we are reaching an entirely different demographic or maybe it's the same, but still want to get out and do things with their kids. But that we are being more inclusive, because of the -- the different times that it is, the different location that it is, the different activity that it is. So, yeah, my -- you know, our-- our goal is always to reach more of our citizens. Yeah. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: One of the reasons that I trust your judgment over the years is you do just that, you — you think of these questions in advance and -- and taking this issue a step back is — is trying to provide additional recreation fun, entertainment opportunities in multiple locations for additional members of our community I think is where all of this comes from, which is fantastic. So, how you get there I trust you and you think of these questions and you are going to track the data, which is why you are good at what you do. So, I love the idea and I can't wait to hear how it works. White: Thank you. And I hope to see you there. Borton: Probably dancing. Maybe not. Simison: Council, any additional questions, comments? Okay. Well, they will take this feedback and if there is additional information that they would like from Council they will come back. Otherwise, you will get an e-mail informing you of what direction we will be heading this summer and just ask you all to stand behind them and if you do have a lot of angry mothers reaching out because we have cut it in half or angry Village patrons that are angry because they can't park and go to their stuff, but it — they will figure out what happens. We will know. Borton: You were going to say Village People. Simison: I was -- Meridian City Council Work Session January 3,2023 Page 16 of 16 Borton: You were going to -- Simison: I was going to say it, but -- anyways. All right. Thank you, Renee and Steve. White: Thank you. Appreciate it. Simison: All right. We are here at the end. Do I have a motion? Hoaglun: Mr. Mayor, move we adjourn. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 5:12 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 1-17-2023 ATTEST: CHRIS JOHNSON - CITY CLERK 1-17-2023 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Approve Minutes of the December 13, 2022 City Council Work Session Meridian City Council Work Session December 13,2022 Page 17 of 17 Simison: Council, additional questions or comments at this time? All right. Well, thank you very much, Art. Thatcher: Thank you all very much. It's good to see you again. Siddoway: I will just wrap it up by saying we appreciate the feedback tonight very much. We will go to the -- the commission and hope to be back before you next month to conclude this process and request your adoption of the final plan. So, thank you very much. Simison: Thank you, Steve. Council, we have reached the end of our agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move we adjourn our work session. Simison: Have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 5:31 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 1-3-2023 ATTEST: CHRIS JOHNSON - CITY CLERK 1-3-2023 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Approve Minutes of the December 13, 2022 City Council Regular Meeting Meridian City Council December 13,2022 Page 72 of 72 Bernt: My final request. I move that we adjourn the meeting. Simison: I have a motion to adjourn. All those in favor signify by saying aye. The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 10:02 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 1-3-2023 ATTEST: CHRIS JOHNSON - CITY CLERK 1-3-2023 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Approve Minutes of the December 20, 2022 City Council Work Session Meridian City Council Work Session December 20,2022 Page 33 of 33 there are any budget impacts that we have at least had the opportunity to consider some of that before we go into that. I know the Mayor is not here tonight, but I know he is, obviously, watching and paying attention and so making sure that this gets routed to him as well, so that there aren't any surprises for him about some things that we may want to see in the future budget. Hoaglun: Thank you, Councilman Cavener. Anything else related to this subject? If not, do we have a motion to adjourn? Cavener: So moved. Perreault: Second. Hoaglun: We have a motion to adjourn. All those in favor of signify by saying aye. Any opposed? Happy holidays. We are adjourned. MOTION CARRIED: FOUR AYES. ONE ABSENT. MEETING ADJOURNED AT 6:09 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) Mayor Robert E. Simison 1-3-2023 ATTEST: CHRIS JOHNSON - CITY CLERK 1-3-2023 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Development Agreement (Allure Subdivision H-2022-0050) between the City of Meridian and Percy Farms LLC for Property Located at 5385 S. Meridian Rd. ADA COUNTY RECORDER Phil McGrane 2023-000318 BOISEIDAHO Pgs=50 VICTORIA BAILEY 01/04/2023 09:13 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2.Percy Farms LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT(this "Agreement") is made and entered into this 3rddav of January, 2023 by and between City of Meridian, a municipal corporation of the State of Idaho,hereafter called"CITY,"whose address is 33 E. Broadway Avenue,Meridian, Idaho 83642, and Percy Farms LLC, an Idaho limited liability company,whose address is 1250 Stegerman Court, Meridian, ID 83642,hereinafter called"OWNER/DEVELOPER." I RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho,commonly known as 5385 S. Meridian Road, Meridian,Idaho 83642,and described in Exhibit"A,"which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Property;" and 1.2 WHEREAS,Idaho Code § 67-65 11 A provides that cities may,by ordinance, establish provisions governing the creation, form,recording,modification, enforcement and termination of development agreements required or permitted as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code("UDC"), which authorizes development agreements and the modification of development agreements; and 1.4 WHEREAS,Owner/Developer has submitted an application for development agreement modification to remove the property listed in Exhibit"A" from an existing Development Agreement recorded in Ada County as Instrument#2016- 00709 1, and for the inclusion of the Property into this new Agreement,which DEVELOPMENT AGREEMENT—ALLURE SUBDIVISION H-2022-0050 Page 1 of 8 generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the duly noticed public hearings before the Meridian City Council, as to how the property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for requested development agreement modification held before the City Council includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 151h of November, 2022,the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"),which have been incorporated into this Agreement and attached as Exhibit"B;" and 1.8 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.9 WHEREAS,the property listed in Exhibit"A" shall no longer be subject to the terms of the existing Development Agreement(Inst. #2016-007091) and shall be bound by the terms contained herein in this new agreement; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement modification for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designations are in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179,and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT—ALLURE SUBDIVISION H-2022-0050 Page 2 of 8 3. DEFINITIONS: For all purposes of this Agreement, the following words, terms and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue,Meridian,Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Percy Farms LLC,whose address is 1250 Stegerman Court, Meridian, Idaho 83642, the party that owns said Property and shall include any subsequent owner(s)of the Property. 3.3 PROPERTY: means and refers to that certain parcel of Property located in the County of Ada, City of Meridian as described in Exhibit"A"describing a parcel to be removed from existing Development Agreement recorded in Ada County as Instrument#2016-007091,with such parcel being bound by this new Agreement, which Exhibit"A" is attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed as permitted, conditional and/or accessory uses under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 4.3 Until such time the entire property develops, the current agricultural uses of the property shall be allowed to continue for those phases of the project not yet platted; this does not allow the existing home to remain on the property and said structure shall be removed with the first phase of development. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be substantially consistent with the approved plat, landscape plan, phasing plan, open space exhibit, and conceptual building elevations included in Section VII and the provisions contained herein. b. The Applicant and/or assigns shall not obtain more than 30 residential building permits prior to the emergency access being reviewed and approved by the Meridian Fire Department. DEVELOPMENT AGREEMENT-ALLURE SUBDIVISION H-2022-0050 Page 3 of 8 c. The Applicant and/or assigns shall not obtain more than 100 residential building permits prior to a secondary public road access being constructed and approved by ACHD. d. The remaining width of W. Quartz Creek Street(the new collector street along the south boundary),the required multi-use pathway, and the required collector and arterial landscape buffers adjacent to W. Quartz Creek and S. Meridian Road/SH 69 shall be constructed and vegetated with the first phase of development. e. Applicant and/or assigns shall dedicate additional right-of-way for SH 69/Meridian Road per the ITD Memo and construct a southbound right-turn lane from SH 69 onto W. Quartz Creek Street with the first phase of development. f. The elevations/facades of 2-story structures that face S. Meridian Road, an entryway corridor, and W. Quartz Creek Street, a collector street, shall incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses, step-backs, pop-outs),bays, banding, porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. 6. COMPLIANCE PERIOD: This Agreement must be fully executed within six (6)months after the date of the Findings or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. In the event Owner/Developer, or Owner's Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this agreement, Owner/Developer shall have thirty(30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default,which actions must be prosecuted with diligence and completed within one hundred eighty(180) days;provided, however,that in the case of any such default that cannot with diligence be cured within such one hundred eighty(180) day period,then the time allowed to cure such failure may be extended for such DEVELOPMENT AGREEMENT-ALLURE SUBDIVISION H-2022-0050 Page 4 of 8 period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice from City as described in Section 7.2, City shall, upon satisfaction of the notice and hearing procedures set forth in Idaho Code § 67-6511A,have the right,but not a duty, to de-annex all or a portion of the Property,reverse the zoning designations described herein, and terminate City services to the de-annexed Property, including water service and/or sewer service. Further, City shall have the right to file an action at law or in equity to enforce the provisions of this Agreement. Because the covenants, agreements, conditions, and obligations contained herein are unique to the Property and integral to the City's decision to annex and/or re-zone the Property, City and Owner/Developer stipulate that specific performance is an appropriate,but not exclusive, remedy in the event of default. Owner/Developer reserves all rights to contest whether a default has occurred. 7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Idaho, including all matters of construction,validity,performance, and enforcement. Any action brought by any party hereto shall be brought within Ada County, Idaho. 7.5 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance,which shall include,without limitation, acts of civil disobedience, strikes or similar causes,the time for such performance shall be extended by the amount of time of such delay. 7.6 Waiver.A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion therefor in accordance with the terms and conditions of this Agreement and all other ordinance of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. DEVELOPMENT AGREEMENT-ALLURE SUBDIVISION H-2022-0050 Page 5 of 8 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC,to insure the installation of required improvements,which the Owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY:No Certificates of Occupancy shall be issued if the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three(3) days after deposit in the United States Mail, registered or certified mail,postage prepaid,return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Ave. Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER/DEVELOPER: Percy Farms LLC 1250 Stegerman Court Meridian, Idaho 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property.Nothing herein shall in any way prevent sale or alienation of the Property, or portions DEVELOPMENT AGREEMENT-ALLURE SUBDIVISION H-2022-0050 Page 6 of 8 thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees,upon written request of Owner/Developer,to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, has determined that Owner/Developer has fully performed its obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonable in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party(including a governmental entity or official) challenging the validity of any provision in this Agreement,the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied,between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant,with respect to City,to a duly adopted ordinance or resolution of City. 20.1 No condition governing the uses and/or conditions governing the Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [End of text. Acknowledgements, signatures, and Exhibits A and B follow.] DEVELOPMENT AGREEMENT-ALLURE SUBDIVISION H-2022-0050 Page 7 of 8 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: Percy Farms LLC By ames Percy Its:Owner STATE OF IDAHO ) ss: County of Ada ) On this?9-- day of Jae tti , 20 2_2, before me, the undersigned, a Notary Public in and for said State, personally appeared o rev ,known or identified to me to be the OWy\¢ of Percy Farms LLC and the person who signed above find acknowledged to me that they executed the same. IN WITNESS WHEREOF,I havi bgrCpto set my hand and affixed my ffi ial seal a ay and year in this certificate first above written. �•Q'M G4&* (SEAL) : • ublic COMMISSION: ; My Commissio EAires: #'20192357 '•`9?'E CITY OF MERIDIAN ''•'' ATTEST: By: Mayor Robert E. Simison 1-3-2023 Chris Johnson, City Clerk 1-3-2023 STATE OF IDAHO ) ss County of Ada ) On this 3rd day of January 20 23 ,before me,a Notary Public,personally appeared Robert E.Simison and Chris Johnson, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho My Commission Expires: 3-28-2028 DEVELOPMENT AGREEMENT—ALLURE SUBDIVISION H-2022-0050 Page 8 of 8 EXHIBIT A DESCRIPTION FOR TN-R ZONE ALLURE SUBDIVISION A parcel of land located in the Southeast 1/4 of the Northeast 1/4 of Section 36, T.3N, R.1W., B.M., City of Meridian, Ada County, Idaho being more particularly described as follows: Commencing at the Northeast corner of Section 36 from which the East 1/4 corner of said Section 36 bears South 00037'38" West, 2641.53 feet; thence South 00037'38" West, 1320.76 feet along the east line of Section 36 to the REAL POINT OF BEGINNING; thence continuing along said east line, South 00037'38" West, 1300.77 feet; thence leaving said east line on a line parallel with and 20.00 feet north from the South boundary line of the Southeast 1/4 of the Northeast 1/4 of said Section 36, North 89°21'32" West, 1,316.52 feet to the west boundary line of the Southeast 1/4 of the Northeast 1/4 of said Section 36; thence along said west boundary line, North 00034'27" East, 1,304.39 feet to the Northeast 1/16 corner of said Section 36; thence along the north boundary line of the Southeast 1/4 of the Northeast 1/4 of said Section 36, South 89012'04" East, 1,317.74 feet to the REAL POINT OF BEGINNING. Containing 39.39 acres, more or less. End of Description. \ONt,L LANO 5� �OE Ns 1 779 OF �Pp� YM Page 1 of 1 S.25 S.30 E. Amity Rd. S.36 ".S.31 0 N NE1/16 - S8_9'12'04"E 1317.7_4' _ Real Point Of Beginning m a71 •i •� X 0 :(0 Q) :N O p m '� � 0/I o '00•� . TN—R Zone N 39.39 Acres' o o :o Nm .0 o� 0 z � I I ' _ '1/4 � - N89'21'32"W 1316.52' S.36 • S.31 / \See Detail/ ^) \ �\ONPL LAND LEGEND /� �.�GEN G C Section Corner 779 1N89'21'32"W 1316.52" � Property Corner (, Z �o —— N� Z JZe2 20.00' •1/4 ——— Property Boundary Line �0OyTF — — — — — — Section Line M. McCPM 5.36 S.31 NScale: 1"=300' Detail Scale: 1" = 50' 0 75 150 300 600 P:\P—il West 40- 21-024\dwg\21 024 Rez—dwg 6/22/2022 4.56.34 PM IDAHO Exhibit ___ Drawing For Job No. 21-024 SURVEY 99 ISE IDAHOEMERALD704 TN—R Z o n e 9955 IDAH0 S Sheet No. (208)846-8570 Allure Subdivision 1 GROUP, LLC Located In The SE1/4 Of The NE1/4 Of Section 36, Dwg. Date T.3N., RAW., B.M., Ada County, Idaho. 6/22/2022 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAN AND DECISION &ORDER A In the Matter of the Request for Request to Rezone 39.39 acres of land from the R-4 to the TN-R zoning district; Preliminary Plat consisting of 226 single-family building lots and 36 common lots on 37.34 acres in the requested TN-R district; and Modification to the existing development agreement(Inst.#2016-007091),as required by the existing development agreement provisions,for the purpose of entering into a new agreement consistent with the proposed project and plat,by Breckon Land Design. Case No(s). H-2022-0050 For the City Council Hearing Date of: November 1, 2022 (Findings on November 15,2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of November 1,2022,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of November 1, 2022, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of November 1, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of November 1, 2022,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65,Title 67, Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 1 I Meridian City Code,and all current zoning maps thereof. The City of Meridian has, by ordinance,established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Allure Subdivision—FILE#H-2022-0050) Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of November 1, 2022, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Rezone, Preliminary Plat, and Development Agreement Modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of November 1, 2022,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2) years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval,and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Allure Subdivision—FILE#H-2022-0050) Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one(1)two (2)year period. Additional time extensions up to two (2)years as determined and approved by the City Council may be granted.With all extensions, the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-5B-617). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-651IA. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-6521(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code.This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of November 1, 2022. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Allure Subdivision—FILE#H-2022-0050) By action of the City Council at its regular meeting held on the 15th day of November 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE COUNCIL MEMBER JESSICA PERREAULT VOTED AYE COUNCIL MEMBER LUKE CAVENER VOTED___ COUNCIL MEMBER TREG BERNT VOTED___ COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert unison 11-15-2022 Att st: ('II4a1 E¢IDH IAN� SPAT. e Chris Johns 11-15- City Clerk Copy served upon Applicant,Community Development Department, Public Works Department and City Attorney. By: -w Dated: 11-15-2022 City Clerk's Office ' N FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Allure Subdivision—FILE#H-2022-0050) STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT I D A H O HEARING 11/1/2022 Legend DATE: Project Location TO: Mayor&City Council � FROM: Joe Dodson,Associate Planner 208-884-5533 ' SUBJECT: H-2022-0050 t, Allure Subdivision LOCATION: The site is located at 5385 S. Meridian Road, directly north of the half-mile mark on the west side of Meridian Road between E. Amity and E. Lake Hazel Roads, in the SE 1/4 of the NE 1/4 of ---- Section 36,Township 3N,Range 1 W. i I. PROJECT DESCRIPTION • Request to Rezone 39.39 acres of land from the R-4 to the TN-R zoning district; • Preliminary Plat consisting of 226 single-family building lots and 36 common lots on 37.34 acres in the requested TN-R district; and • Modification to the existing development agreement(Inst. #2016-007091), as required by the existing development agreement provisions, for the purpose of entering into a new agreement consistent with the proposed project and plat,by Breckon Land Design. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage RZ—39.39;Plat—37.34 acres Future Land Use Designation Medium Density Residential 3-8 du/ac) Existing Land Uses Vacant land Proposed Land Use(s) Detached and Attached Single-family Residential, front- loaded and alley-loaded; single-family townhomes. Lots #and type;bldg./common) 226 single-family residential building lots; 36 common lots Phasing Plan #ofphases) Proposed as five 5phases Number of Residential Units 226 single-family units(123 detached; 104 attached townhomes Density Gross—6.05 du/ac;Net—7.49 du/ac Open Space(acres,total 7.49 acres total;6.96 acres of qualified open space /buffer/ ualified) ((approximately 18.6% per submitted open s ace exhibit. Amenity At least three(3)site amenities—pool,children's play structures,and open space in excess of code requirements. Description Details Page Neighborhood meeting date June 6,2022 Distance to nearest City Park(+ 1.9 miles to Discovery Park to the southeast of the project size) (76.88 acres in size;phase 1 constructed with phase 2 under construction). History(previous approvals) H-2015-0019 South Meridian Annexation B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no • Traffic Impact Study Yes es/no Access Access is via a new local street connection to W.Quartz Creek Street,a new (Arterial/Collectors/State collector street along entire south property boundary. Hwy/Local)(Existing and Proposed) Stub Yes;3 stub streets are proposed to adjacent underdeveloped properties. Street/Interconnectivity/Cross Project is proposed to complete W.Quartz Creek(collector street) Access improvements for shared access to Meridian Road/SH 69 Existing Road Network Existing Arterial Sidewalks/ No.Buffer and detached multi-use pathway are required and proposed. Buffers Proposed Road Applicant is required to complete the required improvements within the Improvements remaining right-of-way on the north side of the the new collector street along the southern project boundary,W. Quartz Creek Street. Fire Service • Distance to Fire 3.4 miles from Fire Station#6(Approximately 2 miles from proposed fire Station station#7 on Lake Hazel; response time will fall within the 5-minute response time area for Station#7. • Fire Response Time Project currently does not currently reside within the Meridian Fire 5-minute response time goal area. • Resource Reliability Fire Station#6 reliability is 83%(above the goal of 80%) • Risk Identification Risk Factor 1 —Residential • Accessibility • Proposed project meets all required road widths,and turnaround dimensions. • Project does not meet secondary access requirements as there is only one way in and out currently available; approved secondary access is required. Police Service • Distance to Station Approximately 4.2 miles from Meridian Police Department • Response Time Approximately 4:37 response time to an emergency(Priority 3 call) Water&Wastewater See Public Works Site Specific Conditions(Section VIII.B) COMPASS—Communities in Motion 2050 Review Letter depicts a positive fiscal impact for the City and the School District but a net negative fiscal impact to the County and ACHD. Letter also notes a lack of pedestrian and bicycle infrastructure in this area. Description Details Page West Ada School District Estimated Additional School 99 estimated school-aged children at full build out. Aged Children Approved MF Projected Approved lots per units per Students from Enrollment Capacity attendance area attendance area Approved Dev. Mary McPherson Elementary 460 675 3443 26 760 Victory Middle School 1048 1000 4496 502 600 Meridian High School 1824 2075 3555 3464 601 School of Choice Options Christine Donnell School-Arts 474 500 N/A N/A Spalding Elementary-STEM 680 750 N/A N/A C. Project Area Maps Future Land Use Map Aerial Map Legend 0 Legend Project Location Project Location � i CIV C :.; Medium Dei Residenti u i Low Density -R sidenfial Density MU-RG Re- sl dOnfial -Med-High h g D n Ity e . 1711 . Reisidential Zoning Map Planned Development Map Legend R-j.5 0 Legend0 Project Location Project Location L RUT R1 y City Limits R1 i-L Planned Parcels _ ; R-4 1 ' R-4 --fIUT R-$ R1 - ---, - Q R-8 R-8 R1 A�RUT RUT R-4 ' A TN R-4 RUTR-2 ' R�6 I` mi R-4 R-8' PDL L1 . C-G- =8 R-15 R-4 RUT RUT R-4 1 III. APPLICANT INFORMATION A. Applicant: Mary Wall,Breckon Land Design— 181 E. 50t1i Street, Garden City, ID 83714 B. Owner: Jim Percy,Percy Farms LLC— 1250 Stegerman Court,Meridian, ID 83642 C. Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 9/21/2022 10/15/2022 Radius notification mailed to properties within 500 feet 9/15/2022 10/13/2022 Site Posting 9/23/2022 10/12/2022 Nextdoor posting 9/15/2022 10/13/2022 V. STAFF ANALYSIS A. Future Land Use Map Designation(https://www.meridiancity.org/compplan) Medium Density Residential(MDR)—This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. The subject site consists of two properties totaling approximately 37 acres and was annexed into the City of Meridian in 2015 along with many other parcels in this area under the "South Meridian Annexation."It is located on the north side of the mid-mile mark on the west side of Meridian Road between Lake Hazel and Amity Roads; it is directly west of the Prevail Subdivision (Percy Subdivision) located on the east side of Meridian Road and directly north of the recently approved Briar Ridge Subdivision annexation and preliminary plat(H-2021-0036). Allure Subdivision is proposed with 226 building lots on 37.34 acres which constitutes a gross density of 6.05 du/acre which falls in the middle of the allowable density in the MDR designation on the property and is slightly more than Briar Ridge to the south (5.84 du/acre). In addition, the requested TN-R zoning district requires a minimum net density of 6 du/acre and according to the submitted plat, the net density of Allure is nearly 7.5 du/acre making the subject plat compliant with this standard. Through the pre planning process, the Applicant and Staff worked together to propose different housing types within this project to both match and diversify the housing types proposed with Briar Ridge to the south. The grid-like street layout and the different housing types also led the Applicant to request the TN-R zoning district as Briar Ridge did. Staff supports this request and the overall proposed layout as it continues the design and transition from the properties further to the south. Rezone: When the subject property was annexed into the City of Meridian in 2015 it was zoned R-4 to help delineate that this property would be developed as residential. The Development Agreement that was created as part of this original annexation dictated that the City would have services available as soon as possible and the first Rezone application would be free of charge. This stipulation regarding a Rezone application was made because the annexation was City initiated and the property had no concept plan or specific development planned at the time of annexation; the City understood future development may not match the existing zoning and gave future applicants the opportunity to propose a different zoning with a new development plan. The Applicant's request to rezone to the Traditional Neighborhood Residential(TN-R)zoning district is, in itself, consistent with the future land use designations because it is a residential district. More importantly, the overall site design proposed by the Applicant is consistent with the comprehensive plan and the future land use designation because of the density proposed, the multiple housing types proposed, the inclusion of parkways throughout the entire development, the completion of the collector street along the south boundary for future connectivity, and a stub street proposed along the north boundary for future public road connectivity to Amity Road. Staff believes the request for a traditional neighborhood zoning district in this area of the City continues the framework of neighborhood/street oriented design for future development to the north and west to be more pedestrian focused and walkable. Development Agreement Modification: The same stipulation regarding the Rezone application applies to the first Development Agreement Modification (MDA)for this property. In fact, the existing DA requires that with any future redevelopment an MDA is required to be submitted. Therefore, the Applicant has submitted an MDA to satisfy this requirement and update the development plan, in order to develop the property with the proposed subdivision. The DA will be tied to the submitted preliminary plat and be required to develop the property per the submitted plans and proposed housing types. Staff ,finds the proposed project and the requested applications to be generally consistent with the future land use designations within this project site. Specific Comprehensive Plan policies are discussed and analyzed in the next section. B. Comprehensive Plan Policies (https://www.meridiancity.or /g compplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City"(2.01.01 G). The subject project is proposed with a site design that closely resembles traditional neighborhood design with short block lengths, street trees,pedestrian facilities throughout, and three distinct housing types within this one project. Thus, the Applicant is requesting a rezone from the R-4 district to the TN-R zoning district to have zoning that fits the proposed housing types of detached single-family, alley loaded single- family(attached and townhome), and single-family townhomes with parkways throughout the project. In addition, the proposed housing types will vary greatly from the Shafer View Estates' larger lots to the southeast and even the detached single-family homes in Prevail Subdivision to the east. Thus, Staff finds the proposed development offers more housing diversity in this area of the city for future residents. "Establish and maintain levels of service for public facilities and services,including water, sewer, police,transportation, schools, fire, and parks"(3.02.01 G).All public utilities are available for this project site,per Public Works comments. This project does not currently reside within the Fire Department response time goal of 5-minutes but will upon completion of Fire Station#7 (anticipated completion date of Summer 2023). However, the singular public road access is through Quartz Creek Street along the southern boundary; a majority of Quartz Creek is being constructed by Briar Ridge Subdivision to the south. Fire code only allows 30 homes off of one access so the Applicant will need to provide an additional emergency access. West Ada School District has provided comments on this application and estimates an additional 99 school aged children will be generated by this development at full build-out. Further, the submitted letter notes that with current school boundaries and school capacities, the approved residential units in this area of the City will create overcrowding at each designated school. West Ada notes that it will always work to accommodate the children being served and specifically lists some of those methods in their letter(see Section VIII.I). ACHD has analyzed the subject application for compliance with their standards and finds the proposed project to be in compliance and notes the nearby public roads and intersections can accommodate the increase in traffic. ACHD has also added conditions that additional traffic calming is provided throughout the internal streets of the project due to some of the proposed block lengths exceeding allowable distances without a turn or bisecting street. ITD has also reviewed the subject project due to all of the traffic required to utilize the adjacent Meridian Road/SH 69 transportation network via the collector street connection at the south boundary, Quartz Creek. Overall, the adjacent public roads have been deemed to accommodate the anticipated increase in traffic and ITD is requiring a southbound right-turn lane from SH 69 onto W. Quartz Creek Street for added safety. Staff finds, with appropriate conditions of approval, that the existing and planned development of the immediate area create conditions for levels of service to and for this proposed project that meet code requirements. "Preserve,protect,and provide open space for recreation, conservation,and aesthetics" (4.05.01F). The Applicant is proposing open space in excess of code requirements with a large open space lot centralized within the development and other areas of linear open space connecting different areas of the site. In addition, the project is proposed with parkways and street trees throughout the entire site offering more open space that would be used for pedestrian activity and should add aesthetic value to the development. Further analysis on the proposed open space is below in Section V.L. "Promote area beautification and community identity through context sensitive building and site design principles, appropriate signage, and attractive landscaping."(5.01.02C). The requested TN-R zoning district requires more than one housing type and streets that include parkways and street trees. With parkways, sidewalks are further removed from the public street making for safer pedestrian facilities and encouraging more pedestrian activity. Because of the desired project aesthetic by the Applicant and the requirements of the traditional neighborhood zoning district, the proposed project is creating its own identity through site design and thoughtful landscaping and pedestrian elements. "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.01D).Proposed project is not directly adjacent to any other constructed development at this time. However, the Applicant is proposing parkways with detached sidewalks throughout the entire site, some micro pathways, and constructing a multi- use pathway segment along the entire Meridian Road frontage; these design elements should offer ample pedestrian connectivity within the site and to future development, specifically to the approved Briar Ridge property to the south. Furthermore, the Applicant is proposing two stub streets to the property to the west and one stub street along the north boundary with detached sidewalks. These stub streets and sidewalks will be required to be extended when the adjacent properties develop making the proposed pedestrian network a positive example of linking subdivisions together. "Require proposed development within areas further away from urban services,existing utilities or requiring significant City utility upgrades,to demonstrate fiscal benefits, strategic fit with the Comprehensive Plan,contiguity with existing development, and appropriate mitigation for any impacts to existing City service users." (3.03.02F).Because the extension of utility services will be fully financed by the Applicant, the specific concern of the City expending funds for utilities is minimal. However; there is evidence that developing this parcel does not constitute orderly development because urban services are not nearby. Urban services include adjacent transportation facilities, employment opportunities, and commercial services like grocery stores, gas stations, and even general retail, office, and restaurant uses. Staff finds with the adjacent development constructed and approved(Briar Ridge, Prevail Subdivision, Shafer View Estates, and self-service storage use), many of these concerns may be mitigated. However, Staff finds the Applicant has not demonstrated a strategic fit with this policy and the community benefit may not be known until commercial development is proposed for the mixed-use designated properties at the intersections ofAmity/Meridian and Lake Hazel/Meridian Roads. "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services." (3.03.03F).All of the essential urban services are relatively far removed from the project site despite other residential development being completed across Meridian Road to the east and approved to the south. For example, the closest gas station is more than 1.5 miles to the north with the next closest being nearly 3 miles away; the closest grocery store is approximately 2.5 miles away with the completion of the Albertson's at the Eagle and Amity intersection. There is no existing commercial within 1.5 miles of this development which automatically requires that future residents would have to utilize their car to get to essential services. Approximately 1.5 miles to the east, at the intersection of Lake Hazel and Locust Grove, commercial zoning is approved but any actual construction timeline is unknown as this area has only been platted and no administrative applications have been submitted. However, C-G zoning is existing directly south of the Briar Ridge project site which does allow,for,future commercial uses to be located nearby these proposed residences. Despite this development meeting a majority of the comprehensive plan policies and being proposed with an insightful and carefully considered site design,Staff does have concern on the timing of development for this project in relation to urban services. The property does abut an area of mixed-use community designated property to the north which is anticipated to contain commercial uses in the future;the proposed site design (stub street and pedestrian facility locations) helps set up appropriate connectivity between this project and the anticipated commercial uses to the north. Staff finds this development to be generally consistent with the Comprehensive Plan, as discussed throughout the above sections and comprehensive plan policies. C. Existing Structures/Site Improvements: There is an existing home and outbuilding on approximately 1 acre along Meridian Road but no other site improvements are noted. The historical use for the subject site is agricultural in nature—the property owner intends on continuing to farm the property as the project develops over time. Staff has included a DA provision related to this request in Section VIII.A. D. Proposed Use Analysis: The proposed uses within this project are all residential—detached single-family residential, detached alley-loaded single-family, attached single-family, and alley-loaded townhomes. All uses proposed are permitted residential uses within the requested TN-R zoning district per UDC Table 11-2D-2. The TN-R zoning district requires a minimum of two(2)housing types—the proposed housing types offer four(4)distinct housing types,which complies with this zoning requirement. The project is proposed to be constructed in five(5)phases according to the submitted preliminary plat page 1. Phase 1 and phase 2 are located along the southern boundary and will finish the construction of the adjacent collector street,W. Quartz Creek. Phase 1 is also depicted with the full Meridian Road street buffer, approximately half of the large open space lot in the center of the development, and contains the children's play structures and the swimming pool amenity. Three of the four proposed housing types are proposed within the first two phases of the development. Phase 3 includes an area that is central-west for the project and hold the remaining area of the large central open space lot. Phase 4 is depicted along the remaining Meridian Road frontage and contains the last housing type, detached alley-loaded product. Phase 5 completes the project with the remaining area along the north boundary and generally in the northwest corner of the site. Per the submitted phasing plan reviewed by Meridian Fire, secondary emergency access is needed as the only public road access is to Quartz Creek along the southern boundary. The Applicant has submitted an emergency access exhibit with two options noted(see Exhibit VII.G). Staff recommends utilizing option "B"as depicted on the exhibit because that access is controlled by this applicant whereas the noted option A"requires an adjacent property owner to the north to provide access through their site. Staff would prefer option A because it follows the overall planned public street layout but Staff has not received any confirmation from this Applicant or the adjacent property owner that the proposed local street will be extended with phase I development of this project as a public street through their site or if they would allow the access to be constructed as a temporary emergency access only. Because of these unknowns, Staff finds it most prudent to recommend the noted option B. Furthermore, this emergency access must be constructed prior to the 31"building permit is submitted in order to comply with Fire code. E. Dimensional Standards(UDC 11-2): The requested zoning district of TN-R does not have a minimum lot size requirement but does require a minimum net density of six(6)du/acre. The submitted preliminary plat shows a minimum lot size proposed of 2,300 square feet and an overall average lot size of 4,343 square feet. Because home placement on the building lot is not yet known at the time of preliminary plat submittal, setbacks are not reviewed at this time. However,per the submitted plat,the residential lots appear to meet all UDC dimensional standards for the TN-R zoning district;this includes compliance with the net density requirement. In addition, all subdivision developments are also required to comply with Subdivision Design and Improvement Standards(UDC 11-6C-3). The proposed preliminary plat and submitted plans appear to meet all UDC requirements but the plat should depict the proposed lots that have zero lot-lines (proposed attached and townhome products) to ensure compliance with setback requirements with the future building permit submittals. Therefore, the Applicant should revise the plat to depict the applicable zero lot-lines with each applicable final plat submittal. Note: The proposed common driveways within the project(S total) comply with UDC requirements as no more than three (3) lots are shown off of each. However, the City has experienced some issues at the ends of common drives where one property owner does not have adequate space on the common drive to back out of their garage and then head towards the public road. To ensure this type of conflict does not occur, at the time of final plat submittals, the Applicant should submit common drive exhibits showing adequate area for residents to back out of garages without trespassing on the building lot at the end of the common drives. F. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant submitted conceptual building elevations for the proposed residential dwellings. Note that detached single-family homes do not require Design Review approval therefore Staff does not review these for compliance with any standards. However,townhomes (an attached housing product) and single-family attached dwellings do require administrative design review (DES) approval prior to building permit submittal. With that future application submittal Staff will analyze the elevations for the townhomes and single-family attached dwellings against the Architectural Standards Manual; the DES application should be submitted with the first final plat application for all required housing types. The submitted elevations depict single and two-story homes with two-car garages and varying home styles. Specifically, the Applicant shows the single-family attached, townhomes, and the alley-loaded detached single-family homes (noted as the Carriage Home product). The elevations depict differingfield materials and designs utilizing lap siding with stone accents, awnings of different materials, and varying roof profiles offering an overall array of potential homes. The Applicant has not submitted conceptual elevations for the traditional front-loaded detached single-family product; the Applicant should submit these prior to the City Council meeting to be compliant with checklist submittal standards and allow Staff to ensure these homes along the collector and Meridian Road have adequate modulation and varying roof profiles. G. Access(UDC 11-3A-3, 11-3H-4): Main access to Allure Subdivision is proposed via construction/completion of a new collector street(W. Quartz Creek Street) along the entire south property boundary that connects from the west boundary of the site to Meridian Road/SH 69 at the mid-mile point consistent with the construction of E. Quartz Creek Street on the east side of Meridian Road. The approved Briar Ridge project to the south is constructing at least half of the proposed Quartz Creek street section with a majority of the required pavement.According to ACHD,Allure should complete the remaining six(6) feet of pavement and construct the remaining curb, gutter, and detached sidewalk within 27.5 feet of additional right-of-way on the north side of this collector street. The submitted preliminary plat shows compliance with these requirements except that the Applicant is required to dedicate additional right-of-way,per ACHD. The remaining roads proposed within this development are local streets that are at least 33 feet wide with 5-foot detached sidewalk and 8-foot parkways creating a beautiful streetscape and identity for the entire project and continuing the traditional neighborhood design that Briar Ridge was approved with to the south. As discussed in previous sections, secondary emergency access to Meridian Road is required by the Meridian Fire Department after 30 homes are constructed. Staff recommends this emergency access is constructed at the northeast corner of the property as depicted as option`B"on their emergency access exhibit(Section VILG) and is constructed with phase 1 development— additional trip generation and access analysis is below in the Traffic Impact Study analysis sub-section.The Applicant is proposing to stub a local street to the north boundary near the midpoint of the north property line for future connectivity to Amity Road. This connection will be needed for additional phases of development per ACHD (discussed below). In addition to the stub street along the north boundary,the submitted preliminary plat also shows two stubs to the western boundary for future connectivity. ACHD has approved the proposed stub street locations and road network but notes multiple streets require traffic calming within the site because they exceed 750 feet per ACHD standards. The specific streets that require traffic calming for ACHD are listed within their staff report(Section VIII.K). Staff supports the proposed street layout and stub street locations so long as the proposed stub to the north boundary is aligned so that only one property owner can construct the full local street section or at least half-plus-12 feet of the required pavement on their property for safe access to Amity Road. Despite the fact the UDC measures street length differently than ACHD, Staff agrees that multiple streets within the subdivision should include traffic calming. The Applicant should work with ACHD on the best options for qualifying traffic calming and revise the preliminary plat to show the proposed traffic calming along S.Ametrine Avenue, W.Allure Street, W. Cusick Street, S. Solaris Avenue, and W. Caldera Street with the applicable final plat submittals. NOTE: Meridian Road/SH 69 is currently being studied by the Idaho Transportation Department (ITD) for corridor improvements from Overland Road south to Orchard Avenue in Kuna under the Idaho 69 Corridor(Story Map—Idaho Highway 69 Corridor Plan). The mid-mile intersection at the southeast corner of the subject project is part of this study and is proposed to be designed with a reduced conflict U-turn(RCUT)intersection that eliminates left turns and thru-traffic from lower-volume roads. See exhibit below for an example of what the Quartz Creek/SH 69 intersection could look like. Proposed Allure Subdivision —40 acre parcel A 0 K m Do 4 � D � :-L i LOCAL ROAD a1 ;1 =1 1 ' 1 Y C Reduced Cun flier b-Tug n Cro,ssiri Despite proposing to construct a collector street that connects to SH 69,ITD does not find this as direct access because no buildable lot is proposed with direct lot access to the state highway. The approved Briar Ridge project to the south was required to enter into a cost share agreement for the road and intersection improvements along SH 69 in lieu of constructing any road improvements with their development. According to the submitted memo from ITD dated September 29,2022,this Applicant is not required to enter into a cost share agreement but is instead required to dedicate an additional 12 feet of right-of-way along Meridian Road for the purpose of constructing a future southbound right-turn lane from SH 69 onto W. Quartz Creek Street. The specific condition notes a"future"turn lane but then goes onto state specific plans are required by the Applicant inferring that they are required to construct this turn lane with this development. The Applicant should work with ITD to verify the timing of this required improvement. Staff would recommend constructing this southbound right-turn lane with phase I development in a location that will not require it to be reconstructed at a future date. This would create a safer entrance onto Quartz Creek Street for both projects proposed to take access from it. The subject project is proposed with over 100 units(226 units) so a Traffic Impact Study(TIS) was required. Due to the property requiring access to Meridian Road/SH 69,the Applicant was required to submit the TIS to both ACHD and ITD. Staff s summary and analysis of this report and the conditions of approval is below. Traffic Impact Study Analysis: According to the submitted Traffic Impact Study(TIS),the proposed Allure Subdivision will generate approximately 2,154 additional vehicle trips per day with 216 of those trips occurring per hour in the PM peak hour. The Applicant's traffic impact study has been analyzed by ACHD and ITD and specific conditions of approval are outlined in their staff reports (see exhibits in Section VIII). Despite ACHD analyzing and discussing the TIS in their own report, Staff finds it necessary to highlight the main points of discussion and road improvement requirements, specifically those related to the overall access points for the project. Per the ACHD staff report, the additional vehicle trips from this development will push the Quartz Creek access to SH 69 over the allowed threshold for a singular collector street access, 3,000 daily vehicle trips. Specifically, Briar Ridge to the south accounts for approximately 2,000 of those allowed trips so Allure is allowed to add an additional 1,000 trips.As noted, this development is proposed to generate over 2,100 daily trips so less than half of the proposed building lots can be constructed prior to an additional public street access to a different public road is constructed. ACHD has included a condition of approval that prior to ACHD signature on the final plat containing 101"building lot, secondary public street access is required. The proposed secondary connection has been discussed and is along the north property line, shown as S. Hermatite Avenue. This connection should and would connect north to W. Amity Road, an arterial street and is stubbed to a property that is not annexed into the City and does not have any active projects. Staff has had preliminary discussions with the potential developer of that mixed- use designated site but nothing has been submitted to the City. Therefore, the timing of this secondary public street access is unknown at this time and thus a concern. Because of the timing issue and the potential of this local street not being extended for some time, Staff is including a condition of approval that no more than 100 residential building permits are issued for this site until secondary public road access is constructed consistent with the ACHD condition of approval. Should the Applicant obtain a private agreement with the adjacent property owner/developer for that parcel(51236110060, 4975 S. Meridian Road) to extend the public road to Amity, the proposed condition will become void. H. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table II- 3C-6 for single-family dwellings based on the number of bedrooms per unit. Staff will confirm compliance with these standards at the time of building permit submittal for each residence. However, all of the local streets are proposed as at least 33-foot wide street sections which accommodate on-street parking where no driveways exist. Furthermore,because of the proposed alley-loaded homes and inclusion of parkways,the entire length of streets adjacent to the alley- loaded products can be utilized for on-street parking as no driveways will be present. I. Sidewalks(UDC 11-3A-17) &Pathways(UDC 11-3A-8): 5-foot wide detached sidewalks and 8-foot parkways are proposed along all internal streets consistent with the requirements for the requested TN-R zoning district. The Applicant is also proposing detached sidewalk on the north side of the collector street along the south boundary as required by code for sidewalks adjacent to collector streets. The proposed sidewalks and parkways meet UDC 11-3A-17 standards and ACHD standards. In addition to the internal sidewalks,the Applicant is required to construct a segment of 10-foot wide multi-use pathway along the Meridian Road frontage,per the Master Pathways Plan. The Applicant is showing this required pathway segment within a landscaped common lot,per code requirements. J. Development Along State Highways(UDC 11-3H): The full east boundary of the proposed project has frontage along Meridian Road/SH 69 which requires noise abatement per UDC 11-3H-4. The Applicant is proposing to construct a 5-foot berm with a 6-foot wall on top of it to total at least 11 feet above SH 69 centerline height, a foot above the code requirement. This wall,berm, landscaping,and required multi-use pathway is located within the required 35-foot wide common lot along the entire frontage and outside of the ITD right-of-way. The required wall should modulate along the highway frontage;the submitted landscape plans show compliance with this requirement.At the northeast corner of the property, there appear to be two breaks in the wall which will minimize its effectiveness at noise abatement as required. The southern portion that is missing appears to be due to the location of a sewer main which does not allow permanent structures to be constructed over them. However, the northern piece that is missing does not appear to have a justification and so the berm/wall should be extended as close to the north property line as possible. UDC 11-3H-4B.3 also requires construction of a"street, generally paralleling the state highway, to provide future connectivity and access to all properties fronting the state highway..."The Applicant has shown compliance with this requirement by proposing to finish constructing a portion of the mid-mile collector along the south boundary, a series of local streets connecting north-south through the site, and proposing to stub a local street to the north boundary for future access to Amity and for that future mixed-use development. Other analysis regarding other access standards of this code section are analyzed above in Section F. K. Landscaping(UDC 11-3B): The required landscaping regulated by code within the proposed development are the following areas: that area within the proposed parkways (UDC 11-3A-17 and UDC 11-3B);the common open space lots, and; the required landscape street buffers to Meridian Road and W. Quartz Creek. The submitted landscape plans show landscaping in these areas as proposed. 8-foot wide parkways are proposed throughout the site to comply with the zoning requirements of the TN-R zoning district. Parkways are required to be vegetated with an average of 1 tree per every 35 linear feet to be compliant. The submitted landscape plan appears to show compliance with this requirement but the calculations table does not note the linear feet ofparkways along the interior local streets and the required number of trees; the Applicant should correct this with the Final Plat submittals to ensure compliance with this requirement. In addition, common open space is required to be landscaped with one (1) tree for every 5,000 square feet of open space. The submitted landscape plans show trees and vegetation in the large central open space lot that meets the minimum number of trees (124,000 square feet divided by 5,000 equals 25 trees). According to the submitted landscape plans, 26 trees are proposed in this open space area and this does not include the perimeter trees that are required for the parkways and would not count towards this requirement. The landscape buffer along Meridian Road is required to be 35'wide and contain the required multi-use pathway within it. The submitted landscape plans show compliance with these UDC requirements for the buffer width, number of trees, tree spacing/grouping, and additional vegetative ground cover; the submitted plat is consistent with the landscape plan and also shows at least a 35 foot wide common lot along Meridian Road. Stafffinds the required collector street buffer along Quartz Creek to also be compliant with these standards by providing trees in excess of code and a wider buffer than required(35 feet total versus 20 foot minimum). The Applicant is also proposing a number of micro pathways within common lots that create linear open space and additional breaks in the streetscape for added pedestrian connectivity through the project. UDC 11-3B-12 requires that trees be placed on both sides of these pathways and the submitted landscape plan shows compliance. L. Qualified Open Space and Amenities(UDC 11-3G): Allure Subdivision is proposed with a preliminary plat area of approximately 37 acres in the TN- R zoning district requiring a minimum of 15% qualified open space(or 5.6 acres)and a minimum of eight(8) amenity points,per UDC 11-3G-3 & 11-3G-4. The Applicant is continuing a segment of multi-use pathway along the Meridian Road that is approximately'/4 mile long which equates to two (2) amenity points. In addition to the pathway, the Applicant is proposing a swimming pool with changing facilities and restrooms which qualifies for six(6)amenity points and a playground area which qualifies for two (2) amenity points, all within the central open space lot. Therefore,the Applicant is proposing amenities worth a total of 10 amenity points and exceed the minimum requirements of UDC 11-3G-4. The Applicant's open space exhibit(Section VILD) shows 6.96 acres of qualified open space (approximately 18.6%), exceeding the minimum required amount of 5.6 acres. However, some of the areas noted on the exhibit as qualifying do not qualify per UDC 11-3G-3 standards because they are not at least 20 feet in width. Staff does not recommend these areas be revised to add an additional few feet as they are already remnant pieces along end-caps of housing blocks that do not entirely meet the intent of the open space code. Further,the removal of these areas is nominal and will not affect the Applicant's compliance with the minimum open space requirements. It is important to note the Applicant's qualified open space calculation does not include any of the parkways within the development which is qualifying open space if the correct number of trees are added to the parkways. Therefore,the actual proposed qualified open space vastly exceeds the minimum amount required by code. The Applicant does not need to use this area as qualified open space to meet the minimum 15%amount and parkways are already required as part of the site design for the requested TN-R zoning district. So, Staff is not concerned the open space exhibit does not show this area but would recommend this area is added to the exhibit to ensure a fully accurate open space calculation is depicted in the record. This revision should occur prior to the City Council hearing. Overall,Staff supports the proposed open space and the proposed amenities and their locations being centralized within the development for fairly equitable access by all future residents. M. Fencing(UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing is proposed as shown on the landscape plan and appears to meet UDC standards as proposed except for the lack of fencing noted adjacent to the common drives and the 6-foot open vision fencing proposed adjacent to three micro-path lots(Lot 21,Block 2,Lot 16,Block 3, &Lot 8 Block 10). Per UDC 11-3A-7A.7b, when an open space lot is not greater than 250 feet in length and is fully visible from a public street, open vision is not required and 6-foot tall closed vision fencing is allowed. In order to help with future privacy concerns by residents, Staff recommends the fencing shown and installed along these areas is closed vision fencing and not open vision. The Applicant should revise the landscape plan at the time of the applicable final plat applications. The submitted landscape plans do not depict any fencing adjacent to the common drives as required by code for properties that do not take access from the common drive. Therefore, with the future final plat applications, the Applicant should revise the landscape plans to depict the proposed fencing on the required common drive exhibit. N. Pressurized Irrigation(UDC 11-3A-15): The Applicant is required to provide a pressurized irrigation system for the development in accord with 11-3A-15. Land Development will review pressurized irrigation plans in more detail when specific plans are submitted with future Final Plat applications. VI. DECISION A. Staff: Staff recommends approval of the requested Rezone,Development Agreement Modification, and approval of the requested Preliminary Plat application per the Findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on October 6,2022. At the public hearing,the Commission moved to recommend approval of the subject Rezone, Preliminary Plat, and Development Agreement Modification requests. 1. Summary of Commission public hearing_ a. hi favor: Jon Breckon,Applicant Representative; Jim Percy,Project Property Owner. b. hi opposition: None C. Commenting: Jon Breckon;Doug Connolly,nearby church land owner; Jim Percy. d. Written testimony:None relative to this specific project. e. Staff presenting application: f. Other Staff commenting on application:None 2. Key issue(s) public testimony a. Support of project and desire to partner with Applicants in this area to help construct the access to Amity for the purpose of getting a local street access instead of an arterial access and a connection to sewer services; b. Support of project and appreciation of Staff s assistance following the passing of the original developer,Matt Schultz. 3. Ke, ids)of discussion by Commission: a. Proposed common driveways in their numbers and noted concerns with trash collection and overflow parking; b. Timing of development phasing, specifically in regards to nearby urban services and the needed access to the north to Amity; c. Proposed parking for alley-loaded townhomes—confirmation that each unit has a tuck- under garage as well as a parking pad/driveway; d. Clarification on any motion regarding the emergency/secondary access required for Fire; e. Requirement and timing of the deceleration lane and turn-lane onto Quartz Creek Street from the north; f. Concern over the singularly—proposed pool and its size for the proposed number of homes and future residents—caution to the Applicant on size of pool and potential of additional amenities being needed in the future. 4. Commission change(s)to Staff recommendation: a. None 5. Outstanding issues for City Council: a. None C. The Meridian Citv Council heard these items on November 1,2022.At the public hearing.the Council moved to approve the subject Annexation and Zoning and Preliminary Plat requests. 1. Summary of the City Council public hearing: a. In favor: Jim Percy,Property Owner; Jon Breckon, Owner Representative: Doug Connelly,neighboring property owner. b. In opposition: None C. Commenting: Jon Breckon:Jim Percy; Doug Connelly. d. Written testimony: Doug Connelly—support of project and desire to collaborate to get sewer and public street connection from project to Amity Road to the north. e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application:None 2. Key issue(s)of public testimony, a. Support of project and desire to partner with Applicants in this area to help construct the access to Amity for the purpose of eg tting a local street access instead of an arterial access and a connection to sewer services; b. Support of project and appreciation of Staff s assistance following the passingof f the original developer,Matt Schultz. 3. Key issue(s)of discussion by City Council: a. Proposed parking for alley-loaded townhomes—confirmation that each unit has a tuck- under garage as well as a parking�pad/driveway; b Clarification on the discrepancies between the ITD requirements for the two adjacent projects(Allure and Briar Ridge): c. Timing of development phasing, specifically in regards to the needed secondaa Public street access to the north to Amity; d. Does staff have any concern with the type of housing design and densities proposed with Allure and Briar Ridge and the precedent they are setting up—Answer is no: transitional densities are anticipated further away from Meridian Road. 4. City Council change(s)to Commission recommendation: a. None VII. EXHIBITS A. Rezone Legal Description and Exhibit Map DESCRIPTION FOR TN-R ZONE ALLURE SUBDIVISION A parcel of land located in the Southeast 1/4 of the Northeast 1/4 of Section 36, T.3N, RAW., B.M., City of Meridian, Ada County, Idaho being more particularly described as follows: Commencing at the Northeast corner of Section 36 from which the East 1/4 corner of said Section 36 bears South 00°37'38"West,2641.53 feet;thence South 00137'38"West, 1320.76 feet along the east line of Section 36 to the REAL POINT OF BEGINNING; thence continuing along said east line,South 00°37'38"West, 1300.77 feet; thence leaving said east line on a line parallel with and 20.00 feet north from the South boundary line of the Southeast 1/4 of the Northeast 1/4 of said Section 36, North 89°21'32"West, 1,316.52 feet to the west boundary line of the Southeast 1/4 of the Northeast 1/4 of said Section 36; thence along said west boundary line,North 00°34'27"East, 1,304.39 feet to the Northeast 1/16 corner of said Section 36; thence along the north boundary line of the Southeast 1/4 of the Northeast 1/4 of said Section 36,South 89'12'04"East, 1,317.74 feet to the REAL POINT OF BEGINNING. Containing 39.39 acres, more or less. End of Description. KL LA c. NS_ Ir 1 779 A ��b/alet ��p9TF OF YM McCAM� Page ] of ] S.25 S.30 E. Amity Rd. S.36 '•S.31 I •. �J ^I d N M NE1/16 S89`12'04"E 1317,74' f l Real Point Of Beginning N7 `n I o of O •N c} a) O Cpm '� t6 L` JDD 0 :M + �1 a) N :r` TN—R Zone M•N .� N 39.39 Acres` o a M vim:0 O O Z I I I :7/4\ N89'21'32"W 1316.52' ——— \S,36 S.31 1 \See Detail// Ni, LAND o LEGEND \GEIN M C Section Corner 779 � �N89'21�32'W 1316.512' Property Corner N�f.�Zt,Le22P.20 20.00' 1/4 ——————— Property Boundary Line O��TE OF \W O0 ——— Section Line M. S.36 S.31 N Scale: 7"=300' Detail Scale: 1" = 50' 0 75 150 300 600 P:\Ped West 40-2I-024\dvg,21-024 Rezon—g 5/22/2022 4:56:34 PM Exhibit Drawing For Job No. I DAHO --- 21-024 SURVEY 9965 W.EMERALD ST. TN—R Zone Sheet No BOISE,IDAHO 83704 _ (208)646-s57o Allure Subdivision 1 GROUP, LLC Located In The SE1/4 Of The NE1/4 Of Section 36, Dwg. Date T.3%, RAW., B.M., Ada County, Idaho. 6/22/2022 B. Preliminary Plat(dated: 6/15/2022) NOT FOR ALLURE SUBDIVISION oNSTRJGTo LOCATED IN THE SE 114 OF THE NE 114 OF SECTION 36,T.3N.,R1W.,BM,ADA COUNTY,IDAHO mjLJ DEVELOPMENT INFORMATION BENCHMARK �� &DATUM .w,... F II I I_ I_i: - � �1�� FjI ��� � r CONTACTS _ TI_I_I I ..,,� .r. tii IT"]T ' x - _ m SITE PLAN O7¢w w A - DRAWING INDEX w O 0 i LLJ 0 /rT�VICINITY4=1 —.•, P-�HAS{�E SIT r ��F cz uwwwe.wo u.iurr Pwx s..n e a -PHASE 4 rrII r o PHASE EEL .� TYPICAL 36'R.OW.ROAD SECTION - - 1 —� T�- NOTES a PHASE 2 PH SE.1 a U i 0?[ I LL (q;ZNP_HASING MAP ... a 2 TYPICAL 60'R.O.W.ROAD SECTION PP1A NE9'1 W-.IM.74' atlL I I I I I IIIIIIIIIII III IIIII II IIIIIIIII III IIIII', II IIIIIIIII III IIIII I __O • — wunluo ulu' w wsxpouR I����IIi��IIIIJIIJ� I ,Nlll I I I I ''• I I I I I I I I I I I -- -- �— }}1 IS;0 I@ 8 1 is 0 l 9 fl I ®Iiili;Ililuilni lliil 1fI 11 I � Q li imnu liii I I wggR I I I —I_ I —1_ I I g I I I I I I I I I I — _ I SB i�jlljilllllll IIII � I IIIIIII IIII .. +I o �Illillililiili 1;111111I TO I © O I O IIIIIIIII III, , ,IIIIIII Illl —— (IIIIIII IIII 1 -I wawoR 1 O — — _ _ ptnlll IIII 1y O ® IIIIIII IIII gl nnm uu V �0 ,0 IIIIII IIII III'1 IIIII IIIII I �_ Iilulli iiii I I �II-- ® ■ V Iluu Iw wre1L1'R— soar e 1 11 ■ I -'� I I I _—I I I —I_--- IIIII IIII IIIII IIII 8 18 1g lhl\\� I ®�'� 19 1g __ ilulin iluli 61 OI I I I I I i6 IIIIII IIII. � 73 +B + I Iluu un wpllllpl[R O� to iilulu lulu ' iiml uu ul iilu � ©'®10'O 10'07'Og'OB 1,p��1 is 1 t4 t to IQ is i �, i i i i i i i � i i to IIII�II��i°li. I +g I -4444 IIIIII IIII W pO1MEY R � I I I I I I I I I I I I � � IIIIII IIII I I I I 176 I I I 1 I I 1 __ IIII I s I IIIIII IIII Q I fl'O'OI O 101fl10'01 7p , , ,a I,4 ,5,B t ,8 " 0 73 ,4 , 17 18 ,9 I IIIIII IIII I I I I I I I I I I I I I , I I I I I I I I I I I I I ■ Illlll IIII 'I I I I I I I I I I �J I 10 IIIII IIII , IIu 1111 ® _—t.wx loll IIII Oo — — —wnuu,eR — _ I O luilu iluli l O I lull IIII i (2) i 03 I Q � © 1 __ Iun Iuu 11�� III IIIII IIII r I .°° --LL-Li-i LL_L_l-2__LJ I w�11ViR piffK R __— ——_ C. Landscape Plans (date: 6/15/2022): L ,o 14-'-+_� -1 - _ u 3 �, L�11J I�LLLIIJ �I �� -� I-T1771-T1 I �I ALLURE SUBDIVISION Tj 5385 S. MERIDIAN ROAD MERIDIAN, ' MERIDIAN, IDAHO 83642 � PLANT SCHEDULE , Il l i l t r-n-77T 7T�-T�- 1` I• I NNWf.I]NIAU9YiAL CIPOE6E8 I! I 1 I I `LL I I CITY OF MERID€AN + I 1 LANDSCAPE REQUIREMENTS i -- � 1 �.1.1•i•i i•1.1 1• •i•i•i•i ',' -; � "-C P�.._�.�:n� � -- -- L-L-L_L-L_LJI' oe oz— • __ _ I 1VI ' J rorwar.T�ai•n.oaw.�r.rmri•R�r�r� RIT ,va '. ___ I11 'I IIf -I I'I'1'1•1. " ; _v J �m I J I I I I I 1 I 1 I I 1 1 I 1 Lu ~- .1.1.1.1�1,�,1�1.1. I I I-�, I I -�I 1 ^•• Itl ! "p �'� �r Ae� •J•in�irrieww•Ilev.warmevni 7a ,I I 1 I I I I 'I'I' 'I'I"I I •,•1•; -- I� mx F-- 5,'' 3 - BPLAN N r r o G - �� I I•II I I.I�•I II �I I I�I '�__ I .�en`w.•� ��� 11 1 I I I 1 I 1 I t .� ry W:W � VERALL LAN APE PLAN ..�'�....• "tee ¢ Z Z VIN FENCE PANEL ,•,z„ �A,L,d>"°""�»�•'•- �. X, n BOULDER INSTALLATION IN _ LISHRUBIPERENN4ALBEQ D. Open Space Exhibit(dated: 6/15/2022): CITY OF MERIDIAN ALLURE SUBDIVISION OPEN SPACE REQUIREMENTS QUALIFIED OPEN SPACE I_OPBIi 6PALB icFsa,_ =AI 517P ARPA, (WALIFIM OPIN SPALFJ 1,6264"-M Sr 20 MV,9p M-54 A J Im IBb% LANDSCAPE LEGEND m'kLIPIEO OPEN SPACE AREA=2,084 SQ.FT. AREA-17,453 SQ,FT. HTFI AREA=2.97460.F7. AREA=2.9755Q.FT. F1 T7 I AREA=3,156 SQ.FT. LL AREA=2,575 SQ.FT. �y LL AREA=2,895 SQ.FT. a o � m i I AREA=2�75 SO.FT. a ¢ I a I I ¢ 0 I AREA 2.049 50.FL ( � AREA=4.048 SQ.FT. gREA=$023 50.FT. AREA=3,151 SQ.FT. AREA=118.094 SQ.17. LL LL dc, rn I = w 0 . a a IAREA-1,694 SQ.FT. AREA=1,613 SO.FT. AREA=1,8636Q.FT. d d a AREA-2,674 SQ.FT. CFI `cR AREA=1,53450.FT. O1 A m w I L a 4 6 = o AREA=31,882 SQ.FT. AREA=17,706 50,FT. W.QUARTZ CREEK ST Scale:1'=200' 2022 ALLURE SUBDIVISION 06211/41 z1�ai MERIDIAN, ID 83642 OPEN SPACE EXHIBIT X1,0 E. Phasing Plan (dated: 9/28/2022): PHASE 5 14 single family attached 17 single familIMME PHASE 4 41 townhome lots (18 alley loaded) PHASE 3 32 townhome lots 16 single family lots 14 single family attached I I I � I = I I I PHASE 1 PHASE ?0ts 20 single family attached lots 32 townhome l 24 single family lots 18 single family lots Scale 1''=200' ALLURE SUBDIVISION 9I211 2022 4 � � a"° � MERIDIAN, IDAHO 2„41 ,vxfw�.brecknio Jocun,wm PHASING EXHIBIT PH1.0 F. Unit Type Site Plan: NOTFOR ° [` ' �- ? C r J 1 y ONSTRUcno �' = E M - i �I � I i 206 4 -L _. .-. I AIL a — PLAT LEGEND u I�JjI a o 9� JI — - o r� I m C) ! r i �I RESIDENTIAL UNIT SUMMARY m¢�w �I Ljj Q O z T7 7 C)� 'I - f _ �Im� a i 'c� sL - — ... I m ELIMINARY PLAT �nsa a s OVERALL PR G. Emergency Access Options Exhibit: 1-6 perms 1 � � I I PHAS PHAS 4 � I n PHASE 3 � I I I PHASE 2 PHASE 1 i I T PHASING MAP - At-LLAIKe sum 200 0 200 400 600 ■ �r� C F 55 =-t� C tT_ H. Conceptual Building Elevations DUPLEX HOMES ALLURE ..Am Aml MERIDIAN, ID LIU- TOWNHOMES ALLURE AIWF MERIDIAN, 2S -a �A� -•���i , CARRIAGE HOMES MERIDIAN,ALLURE 9 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. Within six(6)months of the City Council granting the subject modification,the owner shall sign and obtain Council approval of the amended development agreement that includes an updated development plan per the submitted preliminary plat, as shown in Section VII.B; the amended DA shall include the following provisions: a. Future development of this site shall be substantially consistent with the approved plat, landscape plan,phasing plan, open space exhibit, and conceptual building elevations included in Section VII and the provisions contained herein. b. The Applicant and/or assigns shall not obtain more than 30 residential building permits prior to the emergency access being reviewed and approved by the Meridian Fire Department. c. The Applicant and/or assigns shall not obtain more than 100 residential building permits prior to a secondary public road access being constructed and approved by ACHD. d. The remaining width of W. Quartz Creek Street(the new collector street along the south boundary),the required multi-use pathway, and the required collector and arterial landscape buffers adjacent to W. Quartz Creek and S. Meridian Road/SH 69 shall be constructed and vegetated with the first phase of development. e. Applicant and/or assigns shall dedicate additional right-of-way for SH 69/Meridian Road per the ITD Memo and construct a southbound right-turn lane from SH 69 onto W. Quartz Creek Street with the first phase of development. £ Until the such time the entire property develops,the current agricultural uses of the property shall be allowed to continue for those phases of the project not yet platted; this does not allow the existing home to remain on the property and said structure shall be removed with the first phase of development. g. The elevations/facades of 2-story structures that face S. Meridian Road, an entryway corridor, and W. Quartz Creek Street,a collector street, shall incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses, step-backs,pop-outs),bays,banding,porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. 2. The preliminary plat included in Section VII.B, dated June 15, 2022, shall be revised as follows with the applicable final plat submittals: a. Revise the plat to show ACHD approved traffic calming along W. Quartz Creek Street, S. Ametrine Avenue,W. Allure Street,W. Cusick Street, S. Solaris Avenue, and W. Caldera Street, coordinate with Meridian Fire and ACHD as necessary. b. Depict the required emergency access to Meridian Road/SH 69, as approved by the Meridian Fire Department. c. With each applicable final plat submittal,revise the plat to depict any proposed zero lot-lines for the single-family attached and single-family townhome dwellings. d. Add a plat note stating that direct lot access to S. Meridian Road/SH 69 and W. Quartz Creek Street is prohibited. 3. The landscape plan included in Section VII.C, dated June 15,2022, shall be revised as follows prior-to the City Couneil hearing with the applicable final plat submittals: a. Revise the landscape plan to match the plat revision noted in VIII.A2 above. b. Depict the required berm/wall combination along Meridian Road to extend to the north property line to minimize the breaks in the wall. c. In the landscape calculations table, show the linear feet of parkways and include the required number of trees and proposed number of trees in accord with UDC 11-3B- 7C. d. Revise the fencing adjacent to three micro-path lots(Lot 21,Block 2,Lot 16,Block 3, &Lot 8 Block 10)to be 6-foot privacy fencing. e. With the future final plat applications,depict the proposed fencing adjacent to the proposed common drives. f. Any landscaping within the ITD right-of-way shall be landscaped in accord with UDC 11-3B-7C.5. 4. Prior to the City Couneil hearing,the Applieant shall submit eoneeptual elevations foF the proposed detnehed single family dwellings. 5. Prior to the City Council hearing,the Applicant shall submit a revised Open Space Exhibit depicting the qualifying parkways throughout the development. 6. At the time of relevant final plat submittals,the Applicant shall submit common drive exhibits showing adequate area for residents to back out of garages without trespassing on the building lot at the end of the common drives—said exhibits shall depict, at a minimum: building envelope, fencing, common landscaping, and anticipated driveway locations. 7. Future development shall be consistent with the minimum dimensional standards listed in UDC 11-2D-3 and UDC 11-2D-6 for the TN-R zoning district. 8. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit. 9. The Applicant shall comply with all ACHD conditions of approval. 10. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11- 3A-15,UDC 11-3B-6 and MCC 9-1-28. 11. Applicant shall comply with the noise abatement standards as set forth in UDC 11-3H-4D. 12. Applicant shall comply with all fencing standards as set forth in UDC 11-3A-6 &UDC 11- 3A-7. 13. Prior to the first Final Plat submittal,the Applicant shall obtain Administrative Design Review(DES) approval for the townhomes and single-family attached dwellings within this development. 14. Prior to signature on a final plat,the applicant shall submit a public access easement for the multi-use pathway segment along Meridian Road to the Planning Division for approval by City Council and subsequent recordation. The easement shall be a minimum of 14' in width (10'pathway and 2' shoulder on each side). 15. Upon completion of the landscape installation, a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-3B-14. 16. The preliminary plat approval shall become null and void if the applicant fails to either: 1) obtain the City Engineer signature on a final plat within two years of the date of the approved findings; or 2)obtain approval of a time extension as set forth in UDC I I-6B-7. B. PUBLIC WORKS DEPARTMENT Site Specific Conditions of Approval 1. Each phase of the development will need to be modeled to verify minimum fire flow pressure is maintained. 2. If a well is located on the site, it must be abandoned per regulatory requirements. 3. Seepage bed must be 25'from waterlines unless additional protection is provided. There are at least two spots where this requirement is not met. 4. Dead-ends that will be extended require a blow-off. 5. Before full build out,two connections to the existing water system will be required;the second connection can be made to the north or back out to Meridian Rd. 6. Additional 15,800 gpd committed to model. WRRF decline balance is 14.37 MGD. 7. Master Plan line needs to be 12"with a slope of 0.28%. To and through slopes for all lines including 8" should be minimum slopes (where min slope for the 12"line is 0.28%). 8. Applicant required to abandon 12"main in Meridian Rd being installed as part of Briar Ridge development to the south so that Briar Ridge development sewers through this property. Applicant MUST work with Briar Ridge to determine location where 12" main is to connect to south. 9. Provide to-and-through to 51236110060 and 51236121090. Provide sewer connection in ROW instead of common lot. 10. Provide 14'wide access path for existing manhole located at eastern boundary. Due to distance from road provide a hammer head turn around for a 40'x 9'service vehicle. 11. Provide 20'easement for sewer outside of ROW. 12. Angle into/out of manhole needs to be 90 degrees minimum in the direction of flow. Multiple manholes do not appear to meet this requirement. 13. Ensure that manhole at W. Cusick St. and S. Blue Quartz Ave. is not located in the curb/gutter. 14. For common driveways with 3 or less lots, do not have mains located in common driveways. Run services from main in ROW. 15. See exhibit in public record titled "WW comments—Allure;" arrows showing direction of sewage flow should be corrected. 16. Ensure no permanent structures(trees,bushes,buildings, carports,trash receptacle walls, fences, infiltration trenches, light poles, etc.) are built within the utility easement. 17. Ensure no sewer services cross infiltration trenches. General Conditions of Approval 1. Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 3. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 5. All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 6. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. 7. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 8. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 9. Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 10. A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 11. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 12. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 13. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 17. The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 18. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 19. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 20. A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy of the standards can be found at http://www.meridiancity.org//public_works.aspx?id=272. 21. The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 22. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=269062&dbid=0&repo=MeridianC i &cr--1 D. SCHOOL IMPACT TABLE https:llweblink.meridianciN.org/WebLinkIDocView.aspx?id=275920&dbid=0&repo=MeridianC Lty E. BOISE PROJECT BOARD OF CONTROL(BPBC) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=269876&dbid=0&r0o=MeridianC hty F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https://weblink.meridiancity.ork/WebLinkIDocView.aspx?id=270088&dbid=0&repo=MeridianC Lty G. MERIDIAN POLICE DEPARTMENT(MPD) https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=269061&dbid=0&repo=Meridian C hty H. PARKS DEPARTMENT-PATHWAYS hops://weblink.meridiancity.org/WebLink/Doc View.aspx?id=266529&dbid=0&repo=MeridianC hty I. WEST ADA SCHOOL DISTRICT(WASD) hops://weblink.meridiancity.org/WebLink/Doc View.aspx?id=276143&dbid=0&repo=Meridian C hty J. IDAHO TRANSPORTATION DEPARTMENT(ITD) Conditions Memo- httgs://weblink.meridianciby.org/WebLink/Doc View.aspx?id=276629&dbid=0&r0o=MeridianC iu K. ADA COUNTY HIGHWAY DISTRICT(ACHD) hops://weblink.meridiancity.org/WebLink/Doc View.aspx?id=275993&dbid=0&repo=MeridianC iu IX. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application.In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; City Council finds the proposed zoning map amendment to Rezone the property from the R-4 zoning district to the TN-R zoning district with the proposed preliminary plat and site design is consistent with the Comprehensive Plan, if all conditions of approval are met. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; City Council finds the proposed zoning map amendment and the request for the development complies with the regulations outlined in the requested TN-R zoning district and is consistent with the purpose statement of the requested zone and traditional neighborhood zoning districts in general. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; City Council finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and City Council finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. Subject site is already annexed so City Council finds this finding nonapplicable. B. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; City Council finds that public services will be provided to the subject property with development. (See Section VIII of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; City Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers(i.e.,Police,Fire,ACHD, etc). (See Section VII for more information.) 5. The development will not be detrimental to the public health,safety or general welfare; and, City Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis and has offered their support of the proposed development with the proposed road layout in mind and with specific conditions of approval. 6. The development preserves significant natural, scenic or historic features. City Council is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Ledges Business Center No. 1 Sanitary Sewer and Water Main Easement 1 ADA COUNTY RECORDER Phil McGrane 2023-000319 BOISE IDAHO Pgs=6 VICTORIA BAILEY 01/04/2023 09:14 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0269 Ledges Business Center No. 1 ANITAY SEWER AND WATER MAIN ENT THIS Easement Agreement, made this,3rd day of January ?p 2; between Rama Group LLC _ ("Grantor")and the City of Meridian, an Idaho .o. � Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a.sanitary sewer and water- main,right-of- way across the premises and property hereinafter particularly bounded and described; C and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constricted by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary ,sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) z The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with tile'free right of access to such, facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or perfonming other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance, However, Grantee shall not be responsible,for repairing, replacing or restoring anythingplaced within the area described in this easement that was placed there in violation of this easement: Sanitary Sewer and Water Main Easement REV.0 1/0 1/2020 THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent strictures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the put-poses stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfiully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawfiul right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawfiul claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs,personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. Gt T Ra a Group LLC S ATE OF IDAHO ) ) ss County of Ada ) 1 Zis . record was acknowledged before me on OCtttY 1za' &Z , by 2� F. 14rAa (name of individual), [complete the following if signing in a representatixe capacity, or strike the following if signing in an individual capacity] on behalf of aft- G7 o p LL-L" (name of entity on behalf of whom record was executed), in the following representative capacity: 11M0,t &aelr (type of authority such as officer or trustee) �tti�N51y411���11���/ tti DEE joI,Vi44ii y�tti Pnll My COMMISSION .. = ota�gec : EXPIRES 3-14-2023 ; My Commission Expires: $ �q `e f�l %; ait,r Main Easement REV.O1/O1/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 1-3-2023 Attest by Chris Johnson, City Clerk 1-3-2023 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 1-3-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2028 Sanitary Sewer anal Water Main Easement REV.01/01/2020 EXHIBIT A Description for Sanitary Sewer and Water Main Easement Ledges Business Center Subdivision December 2, 2022 A portion of the Southwest 1/4 of the Northwest 1/4 of Section 36, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows: Commencing at West 1/4 corner of said Section 36 from which the Northwest corner of said Section 36 bears North 00014'37" East, 2634.72 feet; thence on the east-west centerline of said Section 36, South 89°09'39" East, 48.00 feet to the east right-of-way line of N. Linder Road; thence on said east right-of-way line North 00014'37" East, 161.22 feet to the POINT OF BEGINNING; thence continuing on said east right-of-way line North 00014'37" East, 86.73 feet; thence leaving said east right-of-way line South 89°46'37" East, 17.14 feet; thence South 00"12'51" West, 12.99 feet; thence South 89046'37" East, 16.36 feet; thence South 0001323" West, 30.87 feet; thence South 85058'18" East, 57.11 feet; thence South 04001'42" West, 20.00 feet; thence North 85058'18" West, 12.99 feet; thence South 00014'37" West, 99.29 feet; thence North 89045'23" West, 35.71 feet; thence North 00014'37" East, 89.25 feet; thence North 89046'37" West, 28.03 feet; thence South 00'14'37" West, 9.97 feet; GENsNo s� - 1 11779 0 TFoF �� Y . MCCPM� Page 1 of 2 thence North 89045'23" West, 12.47 feet to the POINT OF BEGINNING. Containing 7,289 square feet or 0.17 acres, more or less. End of Description. C�z �ENSF sG 1 779 N�21 Z Zz o �0p9rF O F yM M cc Pkl Page 2 of 2 EXHIBIT B S.26 S.25 S.35 S.36 ' I I I S89'46'37"E 17.14' ' SO'12'51"W I 12.99' S89'46'37"E 16.36' 3 I - M 0 N p M r, 00 O w to S85'58'18"E 57.11' 0, 4 cfl o i� N N i Z p :q- m W N O p -0 N p J Z �_ z 28.03' N85'58'18"W O' N89'46'37"W 12.99' M OI Z SO'14'37"W Point of 9.97' Beginning N89'45'23"W 12.47' I I in I N N NI 6 N 00 � W � rl M M Z N S�pNPI L ANC s N S,- ' G I 1 779 35.71' (P 1 Z� 0 — N89'45'23"W C'0 9T� ' ��QP OF �p M CC PNM 1/4 S89'09'39"E S.35 S.36 48.0o' N Scale: 1"=30' 0 15 30 60 P:\Ledges Business Center(4120 Linder)20-058\dwg\4120 Linder Rd Sewer and Water EASE.dwg 12/2/2022 12:29:58 PM IDAHO Exhibit Drawing for Job se SURVEY 9955 W.EMERALD ST. Sanitary Sewer and Water Main Easement Sheet No. BOISE,IDAHO 83704 (208)846-8570 Ledges Business Center Subdivision 1 GROUP, LLC A portion of the SW1/4 of the NW1/4 of Section 36, Dwg. Date T.4N., R.1W., B.M., City of Meridian, Ada County, Idaho. 12/2/2022 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Rustler Subdivision Sanitary Sewer Easement ADA COUNTY RECORDER Phil McGrane 2023-000398 BOISE IDAHO Pgs=5 HEATHER LUTHER 01/04/2023 12:14 PM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0262 Rustler Subdivision aADMELSOMEAMMMI THIS Easement Agreement, made this: 3rd'day of January 2023between Wendell Lawrence and Kathleen Lawrence_('Grantor"),and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS,the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW,THEREFORE, in consideration of the benefits to be received by the Grantor,and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures,trees,brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Sanitary Sewer Easement EV. 01/01/2020 THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRAN OR: Wendell Lawrence Kathl en Lawrence STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on_(date) by Wendell Lawrence and Kathleen Lawrence, husband and wife, property owners. (stamp) _ , Notary Signature GLEN V SENNETT My Commission Expires: COMMISSION#39672 NOTARY PUBLIC STATE OF IDAHO OHV01:IO 31V1S XNnd AWJLON Z196E#NOISSI W W O:) L R Ww _ _ 113NN39 A N319 Sanitary Sewer Easement CEV. 01/01/2020 Page 2 of 5 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 1-3-2023 Attest by Chris Johnson, City Clerk 1-3-2023 STATE OF IDAHO, ) ) ss. County of Ada ) This record was acknowledged before me on 1-3-2023 _date) by Robert E. Simisonand Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires:_ 3-28-2028 Sanitary Sewer Easement LEV. 01/01/2020 Page 3 of 5 EXHIBIT A DESCRIPTION FOR THE CITY OF MERIDIAN SANITARY SEWER AN AREA OF LAND BEING THE SOUTHERLY 25 FEET OF LOT 7,BLOCK 1,STETSON ESTATES NO.2 SUBDIVISION,AS FILED IN RECORDS OF ADA COUNTY IN BOOK 8 OF PLATS AT PAGES 8563, 8564, 8565 AND 8566,IN THE WEST 1/2 OF SECTION 26,TOWNSHIP 3 NORTH,RANGE 1 WEST,BOISE MERIDIAN,BOISE CITY,ADA COUNTY,IDAHO,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT A BRASS CAP MARKING THE NORTH 1/4 QUARTER CORNER OF SAID SECTION 26 BEING S89034'06"E 2655.19 EAST OF A BRASS CAP MARKING THE NORTHWEST CORNER OF SAID SECTION 26;THENCE N 89°34'06"W 1327.33 FEET ALONG THE NORTHERLY BOUNDARY OF THE NORTHWEST 1/4 OF SAID SECTION TO A 5/8-INCH REBAR MARKING THE WEST 1/16TH CORNER OF SAID SECTION;THENCE S 0°03'25"W 1328.54 FEET ALONG THE WESTERLY BOUNDARY OF THE NE '/4 NW '/4 OF SAID SECTION TO A 5/8-INCH REBAR MARKING THE NORTHWEST 1/16TH CORNER OF SAID SECTION AND NORTHWEST CORNER OF SAID LOT 7; THENCE CONTINUING S 0003'25"W 827.01 FEET ALONG SAID WESTERLY BOUNDARY TO A 5/8- INCH REBAR MARKING THE SOUTHWEST CORNER OF SAID LOT 7,ALSO BEING THE POINT OF BEGINNING; THENCE N 0°03'25"E 25.60 FEET ALONG SAID WESTERLY BOUNDARY OF SAID LOT 7 TO A POINT. THENCE N 77'34'48"E 531.47 FEET ALONG A LINE 25 FEET NORTH OF AND PARALLEL TO THE SOUTHERLY BOUNDARY OF SAID LOT 7 TO A POINT OF NONTANGENT CURVE ON THE WESTERLY BOUNDARY OF SAID LOT 7; THENCE ALONG A NONTANGENT CURVE[CE4]TO THE LEFT 25.26 FEET WITH A RADIUS OF 350.00 FEET THROUGH A CENTRAL ANGLE OF 4°08'04"WITH A CHORD BEARING S 4°14'46"E 25.25 FEET TO A 5/8-INCH REBAR MARKING THE SOUTHWEST CORNER OF SAID LOT 7; THENCE S 77°34'48"W 531.41 FEET TO THE POINT OF BEGINNING. BEARINGS HEREIN USED ARE BASED ON THE NORTH LINE OF THE NORTHWEST'/4 OF SAID SECTION 26 BEARING S 89034'06"E Sanitary Sewer Easement :EV. 01/01/2020 Page 4 of 5 S ONW E 2M f9' J !I WAWY RM In®PISS GO° 1J170 1J27JJ' v o EY7va src)xbY 26 OW/206-M-SW M f/f6 C1VW SEC 26 Qq ��16-6 9J1 AW Or WAGOC900 CpAf{d�56l47 I I �I h 0/Z=/dam —W w; Pm7w Sam,w w I I RACF(oaf RI) I 12•(C&W SW LT B&ADW>7 AfW I �! I 517Sf am Att 1 ' a=AB5(W d awe Raw RAnM(RI a M) tots I I s�sanv S 89°39'11"E 502,01' ylr� AME mu Act 2 111B 12-RGW =A0vjxW& I Li91A"AISawl w. �� IN 25'SEWER AND WATER EASEMENT Z ti 0 e-4 N eq IBIS b a;umsoW tar 1s h N I W(PR}?If$^) O 37L73t W E$• IM M2 2 V Z staxfm W LOT 7 cf • AA• h 25'TEMPORARY SEWER CONSTRUCTION co CE5 N sy, CEa I S r B 6 r.34 A8" 533 toT zs.ERr 25'SEWER EASEMEN OF���G� 6'aaw a1VIE9 ADWA v s AN W. Bg1 n o iw �21dK![,E Et�V7,AVM(RlJ MU N RO REVISFDN: BY: RUSTLER SUBDIVISION BRIGGS ENGINEERING,INC. STETSON ESTATES NO.2 SUBDIVISION, LOT 7 ADA COUNTY,IDAHO cS R � SKEEI: 30F1 CITY OF MERIDIAN - EASEMENT QML STRUCTURAL IANDSURVEY PERMANENT SEWER 5MWSTAlVK'GAADfAf1TY,(ON09M'1AWW00 EXHIBITB DWG DATE: DWG NO. XALE: These drnrkneL or wN Wien dhcm sluO M be used on my ProJeG UTYOF MERIDIAN NOVEMBER 1011 1 210708-EASEMENT 1"=150' or atmsions of ft RgRcc ompt by`wnum&Vument from BfW Sanitary Sewer Easement LIEV. 01/01/2020 Page 5 of 5 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Rustler Subdivision Sanitary Sewer and Water Main Easement ADA COUNTY RECORDER Phil McGrane 2023-000322 BOISEIDAHO Pgs=6 VICTORIA BAILEY 01/04/2023 09:15 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0261 Rustler Subdivision ARY SEA ARj AN MENT THIS Easement Agreement, made this 3rd ay of January 2023 between Wendell&Katheen Lawrence("Grantor") and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS,the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS,it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW,THEREFORE, in consideration of the benefits to be received by the Grantor,and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation ofsanitary sewer and water mains and their allied facilities,together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD,the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance.However,Grantee shall not be responsible for repairing,replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement V.0 1/0 1/2020 THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors,assigns,heirs,personal representatives,purchasers,or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. G N OR: \ J / Wendell Lawrence K theen Lawren STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on_l/ (date) by _Wendell Lawrence & Kathleen Lawrence, husband and wife, property owners. s am G&V SENNETT COMMISSION#39672 NOTARyPUBUC N tary Signature STATE:Of IDAW My Commission Expires: Sanitary Sewer and Water Main Easement Page 2 of 6 REV.0 1/0 1/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 1-3-2023 Attest by Chris Johnson,City Clerk 1-3-2023 STATE OF IDAHO, ) ) ss. County of Ada ) This record was acknowledged before me on_ 1-3-2023 (date) by Robert E.Simison and Chris Johnson on behalf of the City of Meridian,intheir capacities as Mayor and City Clerk, respectively. Notary Signature 3-28-2028 My Commission Expires: Sanitary Sewer and Water Main Easement Page 3 of 6 REV.01/01/2020 EXHIBIT A Description for the City of Meridian Sanitary Sewer and Water Easement AN AREA OF LAND BEING THE EASTERLY 25 FEET OF LOT 7,BLOCK 1,STETSON ESTATES NO.2 SUBDIVISION,AS FILED IN RECORDS OF ADA COUNTY IN BOOK 8 OF PLATS AT PAGES 8563,8564,8565 AND 8566,IN THE WEST 1/2 OF SECTION 26,TOWNSHIP 3 NORTH,RANGE 1 WEST,BOISE MERIDIAN,BOISE CITY,ADA COUNTY,IDAHO,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT A BRASS CAP MARKING THE NORTH 1/4 QUARTER CORNER OF SAID SECTION 26 BEING S89034'06"E 2655.19 EAST OF A BRASS CAP MARKING THE NORTHWEST CORNER OF SAID SECTION 26;THENCE N 89°34'06"W 1327.33 FEET ALONG THE NORTHERLY BOUNDARY OF THE NORTHWEST 1/4 OF SAID SECTION TO A POINT MARKING THE WEST 1/16TH CORNER OF SAID SECTION;THENCE S 0003'25"W 1328.54 FEET ALONG THE WESTERLY BOUNDARY OF THE NE'/a NW '/4 OF SAID SECTION TO A 5/8-INCH REBAR MARKING THE NORTHWEST 1/16TH CORNER OF SAID SECTION AND NORTHWEST CORNER OF SAID LOT 7 TO A 5/8"REBAR;THENCE S 89'39'11"E 582.01 FEET ALONG THE NORTH BOUNDARY OF SAID LOT 7 TO A 5/8-INCH REBAR ON THE WESTERLY RIGHT-OF-WAY OF S. RUSTLER PLACE MARKINF THE NORTHEASTERLY CORNER OF SAID LOT 7,BEING THE BEGINNING OF A NON-TANGENT CURVE;THENCE ALONG SAID RIGHT-OF-WAY AND EASTERLY BOUNDARY OF SAID LOT 7 ALONG A NON-TANGENT CURVE[C I]TO THE RIGHT A DISTANCE OF 17.45 FEET,WITH A RADIUS OF 20.00 FEET THROUGH A CENTRAL ANGLE OF 49°59'41",WITH A CHORD BEARING S 26005'15"W 16.90 FEET TO A 5/8-INCH REBAR MARKING A POINT OF REVERSE CURVE;THENCE CONTINUING ALONG SAID RIGHT-OF-WAY AND EASTERLY BOUNDARY ALONG A TANGENT CURVE[C2]TO THE LEFT A DISTANCE OF 122.17 FEET,WITH A RADIUS OF 50.00 FEET THROUGH A CENTRAL ANGLE OF 139°59'42",WITH A CHORD BEARING S 18054'45"E 93.97 FEET TO A 5/8-INCH REBAR,AND ALSO BEING THE POINT OF BEGINNING; THENCE ALONG SAID EASTERLY BOUNDARY AND CENTERLINE OF S RUSLER LANE, A PRIVATE ROAD,THE FOLLOWING: S 1005'24"W 214.50 TO A 5/8-INCH REBAR MARKING A POINT OF CURVE; ALONG A TANGENT CURVE[C3]TO THE RIGHT A DISTANCE OF 133.35 FEET,WITH A RADIUS OF 400.00 FEET THROUGH A CENTRAL ANGLE OF 19006'03",WITH A CHORD BEARING S 10-38'25"W(FORMERLY S 11.00'49 E) 132.73 FEET TO A 5/8-INCH REBAR; S 20011'27"W 107.05 FEET TO A 5/8-INCH REBAR MARKING A POINT OF CURVE; ALONG A TANGENT CURVE[C4] TO THE LEFT A DISTANCE OF 161.91 FEET,WITH A RADIUS OF 350 FEET THROUGH A CENTRAL ANGLE OF 26030'20",WITH A CHORD BEARING S 6056'17"W 160.47 FEET TO A 5/8-INCH REBAR MARKING THE SOUTHEAST CORNER OF SAID LOT 7; THENCE LEAVING SAID EASTERLY BOUNDARY S 77034'48" W 25.13 FEET ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 7 TO A POINT ON THE WESTERLY BOUNDARY OF A 25-FOOT EASEMENT FOR S RUSLTER LANE; THENCE ALONG SAID WESTERLY BOUNDARY THE FOLLOWING: ALONG A NONTANGENT CURVE [CE I]TO THE RIGHT A DISTANCE OF 176.14 FEET, WITH A RADIUS OF 375 FEET THROUGH A CENTRAL ANGLE OF 26054'47",WITH A CHORD BEARING N 6044'02"E 174.53 FEET TO A POINT; N 20011127"E 107.05 TO A 5/8-INCH REBAR MARKING A POINT OF CURVE; ALONG A TANGENT CURVE[CE2]TO THE LEFT A DISTANCE OF 125.01 FEET,WITH A RADIUS OF 375 FEET THROUGH A CENTRAL ANGLE OF 19006'03",WITH A CHORD BEARING N 10038126"E 124.44 FEET TO A POINT; N 1005124"E 221.20 TO A POINT ON THE SAID RIGHT-OF WAY OF S RUSTLER PLACE AND NORTHEASTERLY BOUNDARY OF SAID LOT 7,MARKING A POINT OF NONTANGENT CURVE; Sanitary Sewer and Water Main Easement Page 4 of 6 REV.01/01/2020 THENCE LEAVING SAID WESTERLY BOUNDARY ALONG A NONTANGENT CURVE [CE3]TO THE LEFT A DISTANCE OF 26.18 FEET,WITH A RADIUS OF 50.00 FEET THROUGH A CENTRAL ANGLE OF 29059'52",WITH A CHORD BEARING S 73°54'35"E 28.88 FEET TO THE POINT OF BEGINNING. BEARINGS HEREIN USED ARE BASED ON THE NORTH LINE OF THE NORTHWEST'/<OF SAID SECTION 26 BEARING S 89034'06"E. Sanitary Sewer and Water Main Easement Page 5 of 6 REV.01/01/2020 5�1'.N2it'f 1cf�Xl9' ? /D 6&M CCp lII7d6 1 T27.x7' 26 QR4F/217Id-QS7AJ0 M 1/4 LYYaY1NSfLIxW 26. M 1/N woo JFC 16 aW/1pfe-#& I � I t Fu>zm szrin�R1611fJP ( I MIX RI) 11'(eAWSW r M I I W�aw>�d MU144�r CAMW I I �a � S 89°39'11'E 502.01' jMMamAla ce SUD WV 11•RAC 6B0tiNd6W d s" RAflM(WI d V) +. 25'SEWER AND WATER EASEMENT a h f' 0 Go N ,fl;6w for!s zlES Alit ? LOT 7 25'TEMPORARY SEWER CONSTRUCTION CES cEa III �•�,� I ,. ' • g5��IST � 36 . W 533 Ati' N O 25.W core a�//,Ad.z6 25'SEWER EASEMENT 0 OF $'Aar UlL=AvamL2V d tw >s o tso dQ161 W ti2 WYf.RAW(R?f SfA1EriiEET REVISION: BY: RUSTLER SUBDIVISION BRIGGS ENGINEERING,INC. STETSON ESTATES NO.2 SUBDIVISION, LOT 7 � ADA COUNTY,IDAHO B R � SHEET: l of 1 CITY OF MERIDIAN -EASEMENT EawL STRUCTURAL 1AND5UNEY PERMANENT SEWER&WATER 599gW5TATE'A'•GraoENutT,�u�1roe37D1'1ao81�e�lao EXHIBITB DWG DATE: DWG NO. SCALE-• ZhmdtewNmarany nlo,«moI.ftanotbeusedcoarryProJat CITY OF MERIDIAN Nl7VEMBER2022 21070&EASEMENT 1'=ISO, 01�Qn't01Ls of this I>�wrxte+opCancnthm,arisgs Sanitary Sewer and Water Main Easement Page 6 of 6 REV.01/01/2020 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Sherman Williams Water Main Easement No. 1 ADA COUNTY RECORDER Phil McGrane 2023-000323 BOISEIDAHO Pgs=6 VICTORIA BAILEY 01/04/2023 09:15 AM CITY OF MERIDIAN, IDAHO NO FEE Esmt-2022-0267 Sherwin Williams Water Main Easement No. 1 WATER A11AIN EASEMENT THIS Easement Agreement, made this 3rd day of January - 2023)etween Yick Yee Family Company, LLP ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Version 01/01/2020 public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: /L ACHARY ZIGICH NOTAR:NO:TARY LIC-STATE Of COLORADO ID 20144046359 STATE OF Colorado ) MY COON EXPIRES MAR 19, 2025 ) ss County of Larimer ) This record was acknowledged before me on i I zZ /z (date) by L- yv� (name of individual), [complete the.foll011�i77g if sig77ing in a represe77'twe cap, city or strike thef0110Wi17g if sig77i77g i17 rn7 in hl4dual capacity] on behalf of a�f "ra.n I �U�^l (name of entity on behalf of whom record was executed), in the following represents ive capacity: (type of authority such as officer or trustee) (stamp) Notary 5igbatturl— �y My Cffmmission Expires:,J!V,"-� -, od S Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 1-3-2023 Attest by Chris Johnson, City Clerk 1-3-2023 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 1-3-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2028 Water Main Easement Version 01/01/2020 km E N G I N E E R I N G December2, 2022 Project No.22-120 City of Meridian Water Easement Legal Description Exhibit A A parcel of land for a City of Meridian Water Easement over a portion of Lot 8, Block 1 of McNelis Subdivision (Book 100 of Plats, Pages 13,802-13,804), situated in the Southeast 1/4 of the Southeast 1/4 of Section 34, Township 4 North, Range 1 West, B.M.,City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a found 5/8-inch rebar on the centerline of North Burley Avenue,which bears N00°52'40"E a distance of 361.84 feet from a found 5/8-inch rebar marking the intersection of the centerline of North Burley Avenue and the southerly boundary line of said McNelis Subdivision; Thence S89°07'19"E a distance of27.00 feet to a found aluminum cap on the easterly right-of-way line of said North Burley Avenue; Thence following said easterly right-of-way line,7.69 feet along the arc of a curve to the right,said curve having a radius of 373.00 feet, a delta angle of 01°10'51", a chord bearing of N01°28'06"E,and a chord distance of 7.69 feet to the POINT OF BEGINNING. Thence following said easterly right-of-way line,27.52 feet along the arc of a curve to the right, said curve having a radius of 373.00 feet, a delta angle of 04°13'41",a chord bearing of N04°10'23"E,and a chord distance of 27.52 feet to the southerly line of an existing City of Meridian easement as described per Instrument No.108022167; Thence leaving said easterly right-of-way line and following said southerly easement line,S89°07'20"E a distance of 20.59 feet; Thence leaving said southerly easement line,S00°52'40"W a distance of 27.47 feet; Thence N89°07'20"W a distance of 22.18 feet to the POINT OF BEGINNING. Said parcel contains 592 square feet,more or less, and is subject to all existing easements and/or rights-of-way of record or implied. All subdivisions,deeds,records or surveys,and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated. Attached hereto is Exhibit B and by this reference is made a part hereof. NL LAND s ENSF'o GnG 0 ,6662 9 0 F �OP� �F�L Y K 5725 North Discovery Way • Boise, Idaho 83713 208,639.6939 • kmengllp.com � 1 I � I LAIVD S89'07'20"E _ _ J NpL INS �CENSeoF� G.p` Qzc�o ) F N wUQN 16662 � W U / p CO cP O r Iw- U lF O F \�P �o ¢Z F<< Y KE��� 122.18 �N �ov~i N89'07'20"W o a z 17. az S89'07'19"E cl ��POINT OF 0-1 w 27.00' (TIE) BEGINNING w w POINT OF I�COMMENCEPIENT McNelis Subdivision I Lot 8, Block 1 w _z °? 27.00' CURVE TABLE > of Q >- o CURVE RADIUS LENGTH DELTA CHORD BRG CHORD CU w wo C1 373.00' 7.69' 1'10'51" N1'28'06"E 7.69' oc L I L C2 373.00' 27.52' 4'13'41" N4'10'23"E 27.52' U z o 0 2 z LEGEND o FOUND ALUMINUM CAP FOUND 5/8" REBAR N CALCULATED POINT W. Ustick Rd. BOUNDARY LINE z w ROAD CENTERLINE z ADJACENT BOUNDARY LINE x — — — EXISTING EASEMENT LINE PROPOSED EASEMENT 0 Z 0 20 40 60 C F 3 Plan Scale: 1" = 20' 0 N E N G I N E E R I N G . 25 57ZS NORTH DISCOVERY WAY X BOISE,IDAHO 83713 i PHONE(208)639-6939 Exhibit B W I;mengllp.com City of Meridian Water Easement D DATE: November 2022 PROD ET: 22-120 SHEET: A portion of Lot 8, Block 1, McNelis Subdivision, situated in the SE 1/4 of the 1 OF 1 SE 1/4 of Section 34, T4N., R1W., B.M., City of Meridian, Ada County, Idaho c: , r 20.59 s89°07'20"e 3 c r - � 7 [V el In N O O n89°07'20"w 22.18 Title: TDat;.712-02-2022 Scale: 1 inch= 10 feet File: Tract 1: 0.014 Acres: 592 Sq Feet: Closure=s67.3509e 0,01 Feet: Precision=1/11123: Perimeter= 98 Feet 001:RI.R=373.00.Delta-04.1341 QQ3=S00.J2401�+27.47 BnL—n04.1023e,Chd-27.52 002=s89.0720e 20.59 004=n89.0720w 22.18 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Inter-Agency Agreement between the City of Meridian and Ada County Highway District for the Construction of Water Systems Interconnect Vault Mayor Robert E. Simison E I D I A N�- City Council Members Joe Borton Treg Bernt Public Works I D A H 0 Luke Cavener Brad Hoaglun Department Jessica Perreault Liz Strader TO: Mayor Robert E. Simison Members of the City Council FROM: Dean Stacey DATE: 12/5/2022 SUBJECT: INTER-AGENCY AGREEMENT BETWEEN CITY OF MERIDIAN AND ACHD FOR CONSTRUCTION OF WATER SYSTEMS INTERCONNECT VAULT REQUESTED COUNCIL DATE: 1/3/2023 I. RECOMMENDED ACTION A. Move to: 1. Approve inter-agency agreement between City of Meridian and ACHD for construction of a vault to enable emergency water connection between Meridian and Veolia Water systems. 2. Authorize the Mayor to sign the agreement. 3. Authorize the Procurement Manager to issue a PO to ACHD for the construction cost not to exceed greater than 10%of the Engineers Estimate or $137,082.00. If the bid results show an amount greater the PO will be placed on the Consent Agenda. II. DEPARTMENT CONTACT PERSONS Dean Stacey, Engineering Project Manager 208-489-0386 Kyle Radek, Assistant City Engineer 208-489-0343 Warren Stewart, City Engineer 208-489-0350 Laurelei McVey, Director of Public Works 208-985-1259 III. DESCRIPTION A. Background Page I of'3 Since as early as 2006, the City of Meridian and Veolia (formerly United Water) have been discussing the potential for interconnections between water distribution systems. Both Meridian and Veolia operate and maintain robust water supply and distribution systems that are each independently capable of providing service during emergency conditions as required by Idaho Rules for Public Drinking Water Systems (IRPDWS). Interconnections between the two systems will provide an even higher level of redundancy and mitigation in the event of emergency conditions worse that those prescribed by those rules. Interconnects represent the potential for supply equivalent to multiple independent sources at a fraction of the cost. After years of proactive coordination between the two entities,development in each system has created an opportunity to accomplish this objective. The City of Meridian has requested an interconnect with the Veolia water system just west of the Franklin Road and Cloverdale Road intersection at the future site of ACHD's new Traffic Operations Center. The interconnect will be able to provide supply in either direction at the request of either water system. After City Council approval in July 2022, the two parties executed an agreement outlining how the interconnect will be designed,built, and operated. B. Proposed Project Construct a water system interconnect including a vault, associated equipment, and water main. This agreement allows for Meridian's portion of the interconnect to be constructed in conjunction with the new ACHD Traffic Operations Center. IV. IMPACT A. Strategic Impact: This project will allow both the City of Meridian and Veolia Water to ensure they would have an established source of water they could utilize during emergency situations. B. Service/Delivery Impact: Improve ability of both adjacent water systems to have redundant supply to meet customer water needs during water emergencies. C. Fiscal Impact: The City has budgeted $120,OOOfor the project in FY 2023. We will return to Council for approval of construction funds once final costs are known when ACHD bids the project in spring 2023. Page 2 6!f'3 V. ALTERNATIVES Deny the agreement and continue to operate existing water distribution system under current conditions. VI. TIME CONSTRAINTS This agreement needs approval in order to proceed with construction through ACHD in spring 2023. VII. LIST OF ATTACHMENTS Inter-agency agreement Approved for Council Agenda. Page 3 6!f'3 INTERAGENCY AGREEMENT FOR: WATER SYSTEM INTERCONNECT VAULT AND WATER SYSTEM CONNECTIONS CONSTRUCTION FRANKLIN RD ACHD PROJECT NO. 915001.004 THIS INTERAGENCY AGREEMENT FOR WATER SYSTEM INTERCONNECT VAULT AND WATER SYSTEM CONNECTIONS CONSTRUCTION ("Agreement") is made and entered into this 3rd day of January , ; 2023 by and between the ADA COUNTY HIGHWAY DISTRICT, a highway district organized under the laws of the State of Idaho ("DISTRICT" or "ACHD"), and the CITY OF MERIDIAN, a municipal corporation organized under the laws of the State of Idaho ("MERIDIAN" or "City"), regarding ACHD Project no. 915001.004. RECITALS WHEREAS, ACHD is a single county-wide highway district, a public entity, organized and existing pursuant to Idaho Code Title 40, Chapter 14, as amended and supplemented, with the exclusive jurisdiction and authority to maintain, improve, regulate and operate public rights- of-way in Ada County; WHEREAS, City is a municipal corporation organized and operating pursuant to Idaho Code Title 50, as amended and supplemented with jurisdiction, authority and police power to regulate and control municipal activities within the City; WHEREAS, Idaho Code § 67-2332 provides that one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity or undertaking which each public agency entering into the contract is authorized by law to perform, provided that such contract is authorized by the governing body of each party and that such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties; and WHEREAS, DISTRICT and MERIDIAN desire to undertake a cooperative effort to incorporate into the DISTRICT'S facility construction projects known as FRANKLIN TRAFFIC OPERATIONS CENTER ("Project"or"E. Franklin Road Approx. 1500 LF west of S. Cloverdale Road to Approx. 1700 LF west of S. Cloverdale Road"), certain modifications or improvements to City owned facilities, including constructing water interconnect vault with Veolia water, adjusting hydrants, water valve boxes to grade (collectively, "City Water Improvements") as detailed in Project no. 915001.004, to be constructed pursuant to a separately-executed agreement between DISTRICT and the selected Contractor("CONTRACT"); and WHEREAS, DISTRICT is willing to accommodate MERIDIAN'S request by including the City Water Improvements in the Project plans, subject to the terms, conditions and obligations set forth in this Agreement and so long as DISTRICT receives assurances by the City that it will fully reimburse DISTRICT for all actual costs including, without limitation, any Interagency Agreement for Water systems interconnect vault and water systems construction Franklin Rd, City of Meridian- Project no. 915001.004 Page 1 of 9 indirect costs and expenses that DISTRICT incurs as a result of the additional work attributable to the modification or installation of the City Water Improvements within the Project Boundaries; and NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL: a. Be the party responsible for soliciting, receiving and opening of bids and for executing and administering the construction CONTRACT for the construction and City Water Improvements referenced herein, which CONTRACT shall include, inter alia, a provision that all work required for the City Water Improvements shall be performed in conformance with the most current edition of the Idaho Standards for Public Works Construction (ISPWC) and the most current City of MERIDIAN Supplemental Specifications to the ISPWC. It is hereby specifically agreed that: i. Install water system interconnect vault and all associated valves, piping and sample stations to make connection functional. ii. Adjustment of water valve boxes and covers to grade shall include reconstruction in conformance with ISPWC Section 404. b. Provide MERIDIAN with a complete set of combined bid documents for the vault construction, and for the City Water Improvements. c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S written concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to making such award. MERIDIAN'S concurrence shall specifically acknowledge that the City Water Improvements are and shall be subject to the terms and conditions of this Agreement. If MERIDIAN does not concur, DISTRICT shall remove the City Water Improvements and if necessary, rebid the Project. MERIDIAN shall be responsible and shall reimburse DISTRICT for any and all costs suffered by DISTRICT attributable to the removal of the City Water Improvements from the Project and if applicable, the rebidding of the Project. d. Include in the CONTRACT, a term providing that MERIDIAN will have the right and authority to work directly with the Contractor to resolve any claims relating in any way to the City Water Improvements and that any such claims will be reviewed, approved or denied by MERIDIAN including enforcement of the two (2) year warranty period to be started at the date described in the final acceptance letter from MERIDIAN. e. Coordinate with MERIDIAN should any changes be made to DISTRICT's portion of the CONTRACT or work pursuant thereto that does or may impact the City Water Improvements. Interagency Agreement for Water systems interconnect vault and water systems construction Franklin Rd, City of Meridian—Project no. 915001.004 Page 2 of 9 f. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT. g. Submit to MERIDIAN a copy of each design consultant billing attributable to the City Water Improvements if applicable and Contractor progress payment estimate, and the final CONTRACT payment estimate, as such estimates are approved by DISTRICT after obtaining MERIDIAN'S concurrence regarding MERIDIAN'S portion of the CONTRACT, together with an invoice for MERIDIAN'S share of the construction CONTRACT costs earned by and to be paid to the Contractor. h. As applicable, provide for the reference and replacement of all pre-existing survey monuments within the Project. i. Provide the field survey and grade control necessary for construction of the vault. Centerline or offsets and stationing shall be established prior to the City staking any potable water service lines, water valve boxes, manhole locations, and other City facilities. j. At the conclusion of the Project, submit to MERIDIAN written documentation of expenditures with an invoice for payment of all costs and expenses the DISTRICT incurs, in addition to those provided under paragraph 1.g. above, as a result of the additional work attributed to the City Water Improvements within the Project Boundaries, including but not limited to, costs or changed conditions, plan errors and omissions, and delays attributable to design and/or installation of the City Water Improvements. k. Indemnify, save harmless and defend regardless of outcome, MERIDIAN from expenses and against suites, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any negligent acts by DISTRICT or DISTRICT'S officers, employees, agents or contractors while acting within the course and scope of their employment, which arise from or which are in any way connected to the City Water Improvements. Such indemnification hereunder by DISTRICT shall in no event cause the liability of DISTRICT for any negligent act to exceed the amount of loss, damages, or expenses of attorney fees attributable to such negligent act, and shall not apply to loss, damages, expenses or attorney fees attributable to the negligence of MERIDIAN. This duty to defend, indemnify and hold harmless is subject to the limitations of Idaho law, including Article VII Section 4, Idaho Constitution and Idaho Code Title 6 Chapter 9 (the Idaho Tort Claims Act), and to any other limitations set forth in the Agreement. 2. MERIDIAN SHALL: a. Provide the inspection, field survey and grade control required for the installation of all City Water Improvements incorporated into the Project and installed and adjusted Interagency Agreement for Water systems interconnect vault and water systems construction Franklin Rd, City of Meridian—Project no. 915001.004 Page 3of9 under the CONTRACT and provide copies of appropriate tests and construction diaries to the District Project Representative as designated by DISTRICT. b. Provide DISTRICT with the special provisions if applicable, and stamped plans, bid quantities and an Engineers Estimate (or pursuant to Paragraph 1.g. pay the DISTRICT the actual cost if the DISTRICT'S design consultant prepares the same) for the City Water Improvements to be incorporated into the Project and included in the bid documents for the CONTRACT(all work required for the City Water Improvements to be performed in accordance with the most current edition of the Idaho Standards for Public Works Construction (ISPWC), the City's Supplemental Specifications to the ISPWC, and the City's Revisions to the Standard Specifications). c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of any invoice referenced in paragraph 1.g., all funds for which MERIDIAN is responsible pursuant to the approved progress payment estimate and the final CONTRACT payment estimate. d. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice referenced in paragraph 1.j., all funds for which MERIDIAN is responsible pursuant to this Agreement. e. Reimburse DISTRICT five percent(5%)of MERIDIAN'S construction costs attributable to the City Water Improvements as payment toward the additional costs incurred by DISTRICT, including overhead and benefits, and project administration costs which include but are not limited to: public advertisement of the Project, supplying bid plans, supplying construction plans, preparing and holding the preconstruction meeting, generating monthly pay estimates and paying the Contractor, preparing change orders, general construction project oversight, and maintaining construction project files. f. Reimburse DISTRICT for mobilization, traffic control, flagging, detours and weekly meetings on a prorated basis. The prorated basis for the above items will be calculated using the percentage of MERIDIAN'S project costs as they relate to the total project construction costs. g. Provide (at City's sole costs) trench compaction testing for the City Water Improvements from one-foot (1') above the pipe zone to sub-grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per one thousand (1,000) lineal feet, minimum one (1) for every three (3) transverse trenches; provide all re-testing required in any area that does not meet CONTRACT requirements; and provide copies of tests for the area along the alignment of the pipeline to the designated DISTRICT representative. h. Be liable for the cost of repairing any trench failure attributable to the City Water Improvements within the Project Boundaries, and be liable for and indemnify, defend and hold DISTRICT harmless for any and all costs, claims, and damages resulting from any such trench failure. Interagency Agreement for Water systems interconnect vault and water systems construction Franklin Rd, City of Meridian—Project no. 915001.004 Page 4 of 9 i. Reimburse DISTRICT for any additional costs to DISTRICT over and above costs specifically enumerated herein, where such costs are attributable to the installations, adjustments, relocations and abandonments of the City Water Improvements or to the removal of any or all items from the CONTRACT that are associated with the installation of the City Water Improvements. j. Indemnify, save harmless and defend regardless of outcome, DISTRICT from expenses and against suites, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any negligent acts by MERIDIAN or MERIDIAN'S officers, employees, agents or contractors while acting within the course and scope of their employment, which arise from or which are in any way connected to the City Water Improvements. Such indemnification hereunder by MERIDIAN shall in no event cause the liability of MERIDIAN for any negligent act to exceed the amount of loss, damages, or expenses of attorney fees attributable to such negligent act, and shall not apply to loss, damages, expenses or attorney fees attributable to the negligence of DISTRICT. This duty to defend, indemnify and hold harmless is subject to the limitations of Idaho law, including Article VII Section 4, Idaho Constitution and Idaho Code Title 6 Chapter 9 (the Idaho Tort Claims Act), and to any other limitations set forth in the Agreement. k. Work directly with the Contractor to resolve any claims relating in any way to the City Water Improvements; any and all such claims will be reviewed, approved or denied by MERIDIAN and MERIDIAN shall indemnify, save harmless and defend regardless of outcome, DISTRICT from expenses and against suites, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any and all such claims regardless of the outcome of the City's efforts to resolve said claims with the Contractor. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. In accordance with Idaho Code § 67-2332, the purposes, powers, rights and objectives of each of the parties are as set forth in the Recitals above. Each of the Recitals above is incorporated into the body of this Agreement. b. The amount to be reimbursed to DISTRICT by MERIDIAN for MERIDIAN'S portion of the Project shall be based on the actual quantities of work acceptably performed and/or installed, as determined from field measurements made by MERIDIAN, and paid for pursuant to the unit, and or lump sum prices, established in the CONTRACT. c. DISTRICT shall obtain MERIDIAN 'S approval prior to commencement of any change order work involving the installations, adjustments, relocations and abandonments of City water or facilities. d. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect within the entire Project Boundaries for the purpose of reviewing Interagency Agreement for Water systems interconnect vault and water systems construction Franklin Rd, City of Meridian—Project no. 915001.004 Page 5 of 9 the Project to locate any unstable areas and to resolve any items of concern or misunderstanding. e. This Agreement may not be enlarged, modified, amended, or altered except in writing signed by both of the parties hereto. f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement. g. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action. h. Any action at law, suit in equity, arbitration, or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada. i. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. j. Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of Article VIII, Section 3 of the Idaho Constitution. k. The validity, meaning and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. I. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to the other in any manner by any representations, warranties, covenants or agreements except as specifically set forth herein. m. The promises, covenants, conditions and agreements herein contained shall be binding on each of the parties hereto and on all parties and all persons claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. n. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. o. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. No acknowledgments required hereunder, and no Interagency Agreement for Water systems interconnect vault and water systems construction Franklin Rd, City of Meridian—Project no. 915001.004 Page 6 of 9 modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by DISTRICT and MERIDIAN. p. The headings used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. q. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same. r. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. s. This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person not a party hereto. t. All parties have been represented by legal counsel, and no party shall be deemed to be the drafter of this Agreement for purposes of interpreting an ambiguity against the drafter. u. Time shall be of the essence for all events and obligations to be performed under this Agreement. Without limiting the foregoing, in the event that MERIDIAN does not timely comply with any of its obligations hereunder, DISTRICT shall have no obligation whatsoever to incorporate, facilitate, and/or complete the City Water Improvements, regardless of whether prior approval has been given by DISTRICT to MERIDIAN. Interagency Agreement for Water systems interconnect vault and water systems construction Franklin Rd, City of Meridian—Project no. 915001.004 Page 7 of 9 IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: ADA COUNTY HIGHWAY DISTRICT By: By: Bruce Wong Ma ay Director Presi 1rd)Commissioners ATTEST: CITY OF MERIDIAN By: By: Chris Johnson 1-3-2023 Robert E. Simison 1-3-2023 City Clerk Mayor Interagency Agreement for Water systems interconnect vault and water systems construction Franklin Rd, City of Meridian—Project no. 915001.004 Page 8 of 9 STATE OF IDAHO ) ) ss. COUNTY OF ADA ) On this day of i ' 2022, before me, the undersigned, personally appeared MARY AY and BRUCE WONG, President of the Board of Commissioners and Director respectively of the ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said body. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. / i °•��l L SpF��°'• C4; Comm.62051 _ Notary Public f daho • Residing at1��5Cs , Idaho &s••pUAC, ��•. My commission expires: August 13, 2025 T 9Q' �'�.`9•TE.OF•1'���• STATE OF IDAHO ) ) ss. COUNTY OF ADA ) On this 3rd day of January 2023 before me, the undersigned, personally appeared Robert E. Simison and Chris Johnson , Mayor and City Clerk respectively of MERIDIAN CITY, a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing at Meridian , Idaho My commission expires: 3-28-2028 Interagency Agreement for Water systems interconnect vault and water systems construction Franklin Rd, City of Meridian- Project no. 915001.004 Page 9 of 9 City of Meridian and Suez Water Franklin Road Interconnect Construction Cost Estimate April 20, 2022 Item No. Item Description Estimated Unit Unit Item Quantity Price Total 307.4.1.G.1. TYPE P SURFACE RESTORATION 27 SY $150.00 $4,050.00 401.4.1.A.1.a.6"PVC,AWWA C900, DR18 WATER MAIN 8 LF $140.00 $1,120.00 401.4.1.A.1.b.8"PVC,AWWA C900, DR18 WATER MAIN 44 LF $140.00 $6,160.00 401.4.1.A.1.c. 12"PVC,AWWA C900, DR18 WATER MAIN 97 LF $160.00 $15,520.00 401.4.1.C.1. FLOW METER VAULT 1 EA $48,000.00 $48,000.00 402.4.1.A.1.a.6"GATE VALVE 1 EA $1,800.00 $1,800.00 402.4.1.A.1.b.8"GATE VALVE 3 EA $2,600.00 $7,800.00 402.4.1.A.1.c. 12"GATE VALVE 2 EA $3,600.00 $7,200.00 403.4.1.A.1. FIRE HYDRANT ASSEMBLY WITH LOCATE STATION 1 EA $4,600.00 $4,600.00 404.4.1.B.1. SAMPLE TAP 1 EA $1,600.00 $1,600.00 SP-M04004 2"BLOW-OFF ASSEMBLY PER MERIDIAN SD-W13 1 EA $3,000.00 $3,000.00 SP-M04007 ABANDON EXISTING FIRE HYDRANT 1 EA $3,000.00 $3,000.00 Total i $103,850.00 20%Contingency $20,770.00 Budget Total $124,620.00 Construction Estimate-COM-SUEZ Interconnect.xls 4/20/2022 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Fiscal Year 2023 Net-Zero Budget Amendment in the Amount of$10,000.00 for Meridian Development Corporation Sponsorship of Concerts on Broadway 1217/2022 10:15AM City of Meridian FY2023 Budget Amendment Form Personnel Costs Full Time Equivalent(FTE): Fund# Dept.# G/L# Proj.# GM Description Total ��.-/ 1 Y IDIAN�' 01 1840 4120.0 11011 wages 01 1840 41206 11011 PT/Seasonal wages 01 1840 41210 1101-L Overtime please only complete thefrefds 01 2840 41304 11011 uniform Allowance highlighted in Orange. 01 1840 42021 110i1 FICA $ Amendment Details 01 1840 42022 11011 PERSI 5 Title: MDC Sponsorship of Concerts 01 SR40 42023 11011 worker's Comp $ 'tment Name: Meridian Arts Commission 01 11140 42025 11011 Employee Insurance $ Presenting Department Name: Parks&Recreation Total Personnel Costs $ Department M 1840 Operating Expenditures Primary Funding Source: 1 Fund# Dept.# G/L# Proj.# G/L#Description One-Time On-Going Total CIP#: 01 1 1840 55181 11011 MAC Concerts on Broadway Expense $ 10,000 $ 10,000 Project#: 11011 01 1840 11011 $ 01 1840 11011 O1 1840 11011 $ Is this for an Emergency? ❑ Yes [I No $ New Level Of Service? ❑ Yes ❑ Na 01 1840 11011 $ 01 1840 11011 $ Clerks Office stamp 01 1840 11011 $ _ o1 1840 11011 $ _ 01 1840 11011 $ 01 1840 11011 $ _ 01 1840 11o11 $ 01 1840 11011 $ 01 1840 Dare alCouncilAppra-1 1-3-2023 Total Operating Expenditures $ 10,000 $ - $ 10,000 Capital Outlay --- Fund# Dept.# G/L# Praj.# G/L#Description Total Acknowledgement Date 01 1840 11011 01 1840 11011 �Z 01 1840 11011 Department Director 01 1840 iioil REVIEWED BP 12/7/22 01 1840 11011 By Todd Lavoie at 4:18 pm,Dec 07,2022 01 1840 11011 Chief Financial Officer Total Capital Outlay $ - Reventle/Donations Approved Luke Cavener 10:02 am 12/13/2022 Fund# Dept.# G/L# Proj.# G/L#Description Total CoW ualson 01 1840 34741 11011 Concerts on Broadway $ 10,00B 01 1340 11011 - 12-14-22 01 1840 11011 Mayor Total Revenue/Donations $ 10,000 Total Amendment Request $ Total Amendment Cost-Lifetime City of Meridian PY2023 Budget Amendment Form 5:1Prindpal and Strategic Documentsl8udgets%9udget FY20235Sudget ArrendmentsVFY2023 MIX Sponsorship of Concerts 1217f2022 1015AM City of Meridian FY2023 Budget Amendment Farm Prior Year(s) Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: Meridian Arts Commission Funding 2023 2024 2025 2026 2027 Title: MDC Sponsorship of Concerts Personnel S - $ - $ - $ $ m.r,­r-„ r,.s„t„nrnure 1111dg.r.t111­d1­111, Operating $ 10,000 $ - $ - $ - $ - >Departmen—[I send Amendmentvrrch0hecwrs signature to FnancelaudJet AdalyuIf.re m Capital $ - >nnance we send Amemment to Co..N1 uaiwn fw s[Ve m Total $ - $ 10,000 $ - $ - $ - $ - >eavwi mi:on wma.nd rimed Amendment w Mayer Total Estimated Project Cost: $ 10,000 >MaynrwitlsendnAn.aAmanamemeonnawelaudaecnnaiyrl Evaluation Questions >nnancelaedgetn lrtl.wilS dapprovedtepyofAmendm ttodepartment Please answer all Evaluation Questions using the financial data referenced above. >oeparen.m uaa add way or nrrmndm.n,to eaendi Agend.ed.g Nessus Agenda Manager 1. Describe what is being requested? This request is for spending authority of the Meridian Development Corporation sponsorship awarded to the Arts Commission for Concerts on Broadway expenses for the 2023 season. i 2. Why was this budget request not submitted during the current fiscal year budget cycle? The MDC sponsorship and MOA was not approved until August 2022. 3. What is the explanation for not submitting this budget request during the next fiscal year budget cycle? r Projects(the Concert series)is happening in FY2023. 4.Describe the proposed method of funding? If funding is split between Funds(i.e..General,Enterprise,Grant),please include the percentage split. List the amounts and sources of anticipated additional revenue that will result from approval of this request. Sponsorship-net zero budget amendment. 5.Does this request align with the Department/City's strategic plan? If not,please explain how this request was not included in the Department/City strategic plan? Yes,the Concerts and traffic boxes are in MAC's strategic plan and relate to the City's goal to create vibrant spaces and public art for its citizens. 6. Does this request require resources to be provided by other departments? If yes,please describe the necessary resources to be provided by other departments. No. I 7.Does this Amendment include any needed E ui mentor Software that will utilize the Ci 's network? Yes or No) No- 8.Is the amendment going to result in the disposal of an asset? Yes or No No. _ 9.Anv additional comments? None. $10,000 to be invoiced to MDC by June 2023 Total Amendment Request $Every effort sh6uldbe made to avoid reopening the budgetfor an amendment.Departments will need to provide backup and appear before the City Council to justify budget amendments. Budget amendments are inrendedforemergency or mando tory changes to the original balanced budget. Changes to the original balanced budget may cause a landing shortfall. City of Meridian FY2023 Budget Amendment Form S:1Principal and Strategic DccumenlslBudgets%Budget FY2023YBudgel Amendmenls1FY2023 MDC Sponsorship of Concerts MEMORANDUM OF AGREEMENT FOR CONTRIBUTION TO 2023 CONCERTS ON BROADWAY This MEMORANDUM OF AGREEMENT FOR CONTRIBUTION TO CONCERTS ON BROADWAY("Agreement") is made this 14th of September,2022("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,City and MDC desire that the plaza at Meridian City Hall serve as a place where members of the community can gather to enjoy downtown Meridian and to take part in the arts; WHEREAS, in the summer of 2023,the Meridian Arts Commission will present Concerts on Broadway,a series of live,outdoor performances to be held in the Meridian City Hall plaza;and WHEREAS,MDC is willing to contribute to City ten thousand dollars ($10,000.00)toward expenses related to the presentation of the Concerts on Broadway series; 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. Concert production. Between May 1,2023 and September 30,2023, City agrees to present at least three(3)free outdoor concerts at Meridian City Hall plaza as part of the 2023 Concerts on Broadway series. Such concerts will include live musical performance,and may include an opening act, food vendor(s),amplified sound, and limited chair seating. The selection of staff and/or vendors for Concerts on Broadway shall be made by City. B. Publicity. City shall publicize the 2023 Concerts on Broadway series,which publicity may include distribution of information via written and broadcast media, social and online media, e-mail,posters,and a banner displayed at Meridian City Hall. Decisions regarding the time, place, and manner of such publicity shall be made by City. C. Acknowledgment of sponsorship. Though the amount contributed by MDC would typically allow MDC to be acknowledged as a title sponsor of the 2023 Concerts on Broadway series, MDC's desire is to be acknowledged as a Tier I sponsor(or like designation). As such, MDC shall be entitled to recognition as"sponsored by,"and have the MDC logo printed on all event marketing materials where sponsors' logos are printed. D. Invoice MDC. City shall provide one(1) invoice to MDC by June 1, 2023, in the amount of ten thousand dollars($10,000.00),and City shall use such amount for the payment of expenses related to the production of Concerts on Broadway. MEMORANDUM OF AGREEMENT FOR MDC'S CONCERTS ON BROADWAY CONTRIBUTION PAGE I OF 3 _ 1 II. MDC's RESPONSIBILITIES. A. Reimbursement. Within thirty(30)days of receipt of City's invoice,MDC shall provide payment to City in the amount of ten thousand dollars($10,000.00). B. Logo. MDC shall provide City with a copy of its logo, in digital format, for use on marketing materials as described herein. III.GENERAL TERMS. A. Term. This Agreement begins September 14,2022 and shall remain in effect through September 30,2023. 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 Arts&Culture Coordinator Ashley Squyres,Administrator 33 E. Broadway Avenue 104 E. 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 in whole, or in part,due to convenience,nonappropriation,or when either or both parties agree that the continuation of this Agreement is not in the parties' best interest,by providing thirty(30)days written notice. If MDC is the terminating party,City shall be entitled to receive reimbursement for payments made for services properly performed by City to the date of termination. If City is the terminating party, MDC shall be entitled to reimbursement for a pro-rata share of MDC's contribution for any concerts that have not been presented at the time of termination, i.e., $3,333.33 per concert. If the City decides to cancel all or a portion of the concerts due to concerns related to COVID-19 or other health risks,then MDC shall be entitled to reimbursement in the amount of$3,333.33 per concert cancelled. City's decision to cancel or reschedule a concert due to inclement weather or other unforeseen event on the day of such scheduled concert shall not constitute termination or breach,and MDC shall not be entitled to pro-rata or other reimbursement in such circumstance. E. Indemnification.To the fullest extent permitted by law and by Article VIII,section 4 of the Idaho Constitution,City agrees to indemnify,defend, and hold harmless MDC and its officers,agents,consultants,and employees from and against any and all liability, claims, MEMORANDUM OF AGREEMENT FOR MDC's CONCERTS ON BROADWAY CONTRIBUTION PAGE 2 OF 3 losses,actions,or judgments,costs and fees, including any costs and attorney's fees incurred therein, for damages, losses,or injury to entities,persons or property for any act,error,or omission arising out of or in any way connected with the activities and programs described herein and/or the activities of City and its officers,employees,contractors,or agents related to or connected with this Agreement. F. 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 particular 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. G. 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. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date first written above. MERIDIAN DEVELOPMENT CORPORATION: Attest: Dave in er,Chairman C:S5tevessek, Secretary CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor 1-3-2023 Chris Johnson,City Clerk 1-3-2023 MEMORANDUM OF AGREEMENT FOR MDC's CONCERTS ON BROADWAY CONTRIBUTION PAGE 3 OF 3 I_ E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Memorandum of Agreement for Contribution to 2023 Concerts on Broadway Between the Meridian Development Corporation and the City of Meridian for a Not-to-Exceed- Amount of$10,000.00 MEMORANDUM OF AGREEMENT FOR CONTRIBUTION TO 2023 CONCERTS ON BROADWAY This MEMORANDUM OF AGREEMENT FOR CONTRIBUTION TO CONCERTS ON BROADWAY("Agreement") is made this 14th of September,2022("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,City and MDC desire that the plaza at Meridian City Hall serve as a place where members of the community can gather to enjoy downtown Meridian and to take part in the arts; WHEREAS, in the summer of 2023,the Meridian Arts Commission will present Concerts on Broadway,a series of live,outdoor performances to be held in the Meridian City Hall plaza;and WHEREAS,MDC is willing to contribute to City ten thousand dollars ($10,000.00)toward expenses related to the presentation of the Concerts on Broadway series; 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. Concert production. Between May 1,2023 and September 30,2023, City agrees to present at least three(3)free outdoor concerts at Meridian City Hall plaza as part of the 2023 Concerts on Broadway series. Such concerts will include live musical performance,and may include an opening act, food vendor(s),amplified sound, and limited chair seating. The selection of staff and/or vendors for Concerts on Broadway shall be made by City. B. Publicity. City shall publicize the 2023 Concerts on Broadway series,which publicity may include distribution of information via written and broadcast media, social and online media, e-mail,posters,and a banner displayed at Meridian City Hall. Decisions regarding the time, place, and manner of such publicity shall be made by City. C. Acknowledgment of sponsorship. Though the amount contributed by MDC would typically allow MDC to be acknowledged as a title sponsor of the 2023 Concerts on Broadway series, MDC's desire is to be acknowledged as a Tier I sponsor(or like designation). As such, MDC shall be entitled to recognition as"sponsored by,"and have the MDC logo printed on all event marketing materials where sponsors' logos are printed. D. Invoice MDC. City shall provide one(1) invoice to MDC by June 1, 2023, in the amount of ten thousand dollars($10,000.00),and City shall use such amount for the payment of expenses related to the production of Concerts on Broadway. MEMORANDUM OF AGREEMENT FOR MDC'S CONCERTS ON BROADWAY CONTRIBUTION PAGE I OF 3 _ 1 II. MDC's RESPONSIBILITIES. A. Reimbursement. Within thirty(30)days of receipt of City's invoice,MDC shall provide payment to City in the amount of ten thousand dollars($10,000.00). B. Logo. MDC shall provide City with a copy of its logo, in digital format, for use on marketing materials as described herein. III.GENERAL TERMS. A. Term. This Agreement begins September 14,2022 and shall remain in effect through September 30,2023. 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 Arts&Culture Coordinator Ashley Squyres,Administrator 33 E. Broadway Avenue 104 E. 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 in whole, or in part,due to convenience,nonappropriation,or when either or both parties agree that the continuation of this Agreement is not in the parties' best interest,by providing thirty(30)days written notice. If MDC is the terminating party,City shall be entitled to receive reimbursement for payments made for services properly performed by City to the date of termination. If City is the terminating party, MDC shall be entitled to reimbursement for a pro-rata share of MDC's contribution for any concerts that have not been presented at the time of termination, i.e., $3,333.33 per concert. If the City decides to cancel all or a portion of the concerts due to concerns related to COVID-19 or other health risks,then MDC shall be entitled to reimbursement in the amount of$3,333.33 per concert cancelled. City's decision to cancel or reschedule a concert due to inclement weather or other unforeseen event on the day of such scheduled concert shall not constitute termination or breach,and MDC shall not be entitled to pro-rata or other reimbursement in such circumstance. E. Indemnification.To the fullest extent permitted by law and by Article VIII,section 4 of the Idaho Constitution,City agrees to indemnify,defend, and hold harmless MDC and its officers,agents,consultants,and employees from and against any and all liability, claims, MEMORANDUM OF AGREEMENT FOR MDC's CONCERTS ON BROADWAY CONTRIBUTION PAGE 2 OF 3 losses,actions,or judgments,costs and fees, including any costs and attorney's fees incurred therein, for damages, losses,or injury to entities,persons or property for any act,error,or omission arising out of or in any way connected with the activities and programs described herein and/or the activities of City and its officers,employees,contractors,or agents related to or connected with this Agreement. F. 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 particular 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. G. 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. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date first written above. MERIDIAN DEVELOPMENT CORPORATION: Attest: Dave in er,Chairman C:S5tevessek, Secretary CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor 1-3-2023 Chris Johnson,City Clerk 1-3-2023 MEMORANDUM OF AGREEMENT FOR MDC's CONCERTS ON BROADWAY CONTRIBUTION PAGE 3 OF 3 I_ E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Approval of Purchase Order#23-0142 to Metroquip for one 2022 Vactor HXX Paradigm Water Excavator with a 2024 Freightliner Cab & Chassis for the Not-To-Exceed amount of$323,492.63 (written against the Sourcewell Cooperative Contract#101221-VTR per State Statute 67-2807) fE IDIANty Purchase Order 1/3/2023 23-0142 Attention: Brian Kerr CITY OF MERIDIAN Billing Attn: Finance Ave 33 EAST BROADWAY AVE. Meridian, IDa Address: 83642 MERIDIAN,ID 83642 (208) 888-4433 Shipping City of Meridian Vendor Address: Address: Water Department 2235 NW 8th METROQUIP, INC. Meridian, ID 83646 1953 E COMMERCIAL ST MERIDIAN, ID 83642 Shipping Method: Contractor FOB: Destination Pre-Paid Description Unit I Quantity Unit Price Total 23-0142 2023 Vactor HXX Paradigm with 2024 Freightliner Cab&Chassis Ea. 1.00 323,492.63 323,492.63 Purchase Order Total: $323,492.63 Purchasing Manager: = �� Special Instructions 2023 Vactor HXX Paradigm with 2024 Freightliner Cab & Chassis per Sourcewell Contract#101221-VTR and written Quote by Jeff McCoy dated 12/16/2022. Not-To-Exceed $323,492.63 60-3410-94400 PO approved by Council 1/3/2023 Ticket#82968 A4ETRE3L;7L11P WTRUVACTM by Vactor Mfg.,Inc. IDIAN IHO CITY OF MERIDIAN, ID - SOURCEWELL CONTRACT PRICING #101221-VTR 2023 Vactor HXX Paradigm, 15"Vacuum, 675 Gal Debris Body, 300 Gal Water-See Specs $237,665.43 2024 Frei hbiner M2 4x2 SBA, 325 HP Auto,26,000 GV R $89,650.00 5ourcewell Contract#101221-VTR Disoeunt $9,822.80 Dealer Costs-P re-De Iive ry I nspecfian,Trainin , Etc. $6,000.00 Total 1 $323,492.63 ACCEPTEdBY: QATE: December 16,2022 Pricing Valid for 30 Days Subject to Availability List Summary Order Part Number Description SOIIRCEWELL Price Qty 1 V-HXX-ParaDIGm HXX ParaDIGm Vacuum Excavator $169,242.69 1 PAR002STD Dig Right Technology $0.00 1 PAR015ASTD Roots 616-Ram-V Positive Displacement Blower -2,200 $0.00 CFM and 15" Hg. 1 PAR069STD Hydrostatic Blower Drive $0.00 1 PAR067STD 675 US Gallon Debris Body $0.00 1 PAR066STD 8 GPM/2500 PSI Water System $0.00 1 PAR017CSTD Dual Cyclone Filtration $0.00 1 PAR079STD 2" Y-Strainer On Water Tank Fill $0.00 1 PAR047STD 3/4 opening Flat Rear Door w/Hydraulic Open/Close and $0.00 Lock 1 PAR05STD Rear Door Prop $0.00 1 PAR1606STD Hydraulic Rear Door Locks $0.00 1 PAR20STD Electronic Backup Alarm $0.00 1 PAR33STD Unit Manufactured in an ISO 9001:2008 Quality $0.00 Management Certified Facility 1 PAR37STD Unit Manufactured in an ISO 14001:2004 $0.00 Environmental Management Certified Facility 1 PAR055STD 3" Kunkle Vacuum Relief Valves $0.00 1 PAR057STD Single Stage Hydraulic Dump Cycliner - 50 deg Dump $0.00 Angle 1 PAR065STD Debris Body Prop $0.00 1 PAR068STD Ultra Quiet Blower Silencer Package $0.00 1 PAR070STD Final Filter w/ Polyester Insert for Dry Material $0.00 Vacuuming -5 Micron 1 PAR071STD Vactor's Park-n-Dig Quick Setup Design $0.00 1 PAR073STD Anti-Siphon Water Tank Fill $0.00 1 PAR074STD 2" Camlock w/25' Hydrant Fill Hose Connection $0.00 1 PAR075STD 3/4" X 25' Garden Hose Fill $0.00 1 PAR076STD Hydrostatic Water Pump Drive $0.00 1 PAR077STD Digging Lance Storage $0.00 1 PAR091STD 1/2" Convenience Water Valve for Washing Hands, $0.00 Boots, or Tools 1 PAR093STD Vactor Emergency Stop at all HMI $0.00 1 PAR094STD 31939 CAN Electrical Communication and Engine/ $0.00 Transmission/Vactor Interface - includes Vactor Diagnostics and Warnings 1 PAR095STD Illuminated Curbside Control Station Featuring: $0.00 1 PAR095ASTD *Vactor E-Stop, Water Pump On/Off Control, Blower $0.00 On/Off Control, Electric Vibrator 1 PAR095BSTD *7" LCD display of Engine RPM, Blower RPM, Vacuum $0.00 Level, Water Pump Mode, Blower Mode 1 PAR095CSTD *Water and Blower Hours, Work Mode, Blower and $0.00 Hydraulic Temperature 1 PAR096STD *Air Compressor Temperature, Air Pressure, and $0.00 Compressor Hourmeter 1 PAR6011STD 1/2" x 50' Water digging Hose on Manual Extend/Spring $0.00 Retract Reel 1 PAR1026STD DC Electric Debris Body Vibrator $0.00 1 PAR1150STD Wash-Down Gun $0.00 1 PAR025STD Excavating Water Lance w/Quick Connect Fittings $0.00 Quote Number: 2022-46764 1 PAR1286STD 6" Drain Port Mounted in Bottom Portion of Rear Door $0.00 and Capped 1 PAR107BSTD 1 Vactor HXXpose Oscillating Digging Nozzle and 1 $0.00 Vactor Reveal 2-Jet Digging Nozzle 1 PARA2002STD Low Water Light and Alarm $0.00 1 PAR4011CSTD Wireless Boom Control $0.00 1 PAR4011DSTD 6" Air-Operated Vacuum Relief Valve on Wireless $0.00 Remote 1 PARA4019ASTD ISO 46 Hydraulic Oil $0.00 1 PAR6017STD Hydraulic Tank Shutoff Valves for Ease of Service $0.00 1 PAR8009STD LED Work Light Curbside $0.00 1 PAR8021ASTD 6" Vacuum Tube Package (1 -72" Dig Tube, 1x60" , and $0.00 1x36") w/Clamps 1 PAR8025ASTD LED Lights, Clearance, Stop, Tail, Turn, Backup $0.00 1 PAR9020STD Tool Box, Passenger Side, Underbody - 72"w x 28"h x $0.00 61"d 1 PAR9023STD Tool Tray, Driver Side - 68"w x 10"h x 28"d $0.00 1 PAR9031STD Camera System, Rear Only $0.00 1 PAR1022STD Rear Door Splash Shield $0.00 1 HP112STD Module Paint, DuPont Imron Elite - Sanded Primer Base $0.00 1 HP112ASTD All Painted and Powder Coated Components are Sand $0.00 Blasted for Proper Adhesion Prior to Finishing 1 HP112BSTD Debris Body Painted Customer Colors per Vactor's 5 $0.00 Stage Paint Process 1 PAR072 4" Rear Door Loading Port w/4" x 25' Smooth-Bore $1,067.00 Vacuum Hose 1 PAR101 300 Gallon US. Gal Water Capacity - HDPE Water Tank $12,496.51 with 8 GPM/2500 PSI Water System 1 PAR1023 Centralized Lubrication Point Manifold $2,167.95 1 PAR1023A Plastic Lube Chart, included with Lube Manifold $0.00 1 PAR4004A 6" Extendable Loading Boom w/ 5' extension (Hydraulic $3,010.88 Up/Down, In/Out & Manual Rotation) 1 PAR2006 Air Purge System for Water Lines $1,286.22 1 PAR2021G Water Heater for Water System- 175,000 BTU's 12 Volt $4,323.29 1 PAR5009D Cold Weather Recirculator $3,371.72 1 PAR2021C Cold Weather Package ( Includes Insulating and Heated $3,710.25 Water Pump Cabinet and Water Suction Line) 1 PAR5020 185 CFM Air Compressor $20,410.74 1 PAR5020A 150 PSI and 110 PSI Dual Setting for Digging and $0.00 Pnuematic Tools 1 PAR5020B 1" x25' Air Hose on Manual Extend / Spring Retract Reel $0.00 1 PAR5020C Airspade 4000 Digging Lance w/Application Specific $0.00 Digging Nozzle 1 PAR8004D Rear Mounted, LED Beacon Light $1,119.38 1 PAR8004E Front Mounted, LED Beacon Light $1,119.38 1 PAR8011 2 Boom Mounted LED Work Lights $1,078.64 1 PAR8015 Additional, Rear Mounted, Curb Side LED Work Light $608.19 1 PAR8016 LED Rear Door WorkLight $608.19 1 PAR8022A 6" Dig Tube Handle Attachment $362.78 1 PAR9027 Safety Cone Storage - Capacity up to 5 - 28" Tall Safety $172.66 Cones 1 PAR9037 Large Water Pump and Lance Storage Box, 38"w x 86"h $4,586.16 x 26"d (Encloses Water Heater if Equipped) 1 LOGO-APPL. TruVac Logos - Applied $0.00 Quote Number: 2022-46764 1 512459-30 TruVac Standard Manual and USB Version - 1 + Dealer $0.00 1 26F325A-CH Vactor Supplied Chassis, Single Axle, 2024 Freightliner $89,650.00 M2 106 4x2 SBA, 325 HP, Auto, 26,000 GVWR, GHG Chassis Source - Vactor Supplied Module Paint Match Cab - No Module Paint Color - Grey Module Paint Color Code - 840976EX Cab Color - White Certified Unit Weights Required? - No Chassis Note: None Quote Number: 2022-46764 4 of 8 Prepared for: Prepared by: 2023 CARB 26GVW PARADIGM Bob Jensen VACTOR TRUVAC T26F 3325A 2023 TRANSCHICAGO TRUCK GROUP 1621 SOUTH ILLINOIS ST 776 N.YORK STREET STREATOR, IL 61364 ELMHURST, IL 60126 Phone:815 672 3171 Phone:630-279-0600 ext.631 S P ECI FICATION PROPOSAL Weight Weight Data Code Description Front Rear Retail Price Price Level hL Ah PRL-20M M2 PRL-20M(EFF:04/30/19) N/C Data Version DRL-004 SPECPR021 DATA RELEASE VIER 004 N/C Vehicle Config 001-172 M2 106 CONVENTIONAL CHASSIS 5,709 3,503 $103,510.00 004-223 2023 MODEL YEAR SPECIFIED STD 002-004 SET BACK AXLE-TRUCK STD 019-002 STRAIGHT TRUCK PROVISION STD 003-001 LH PRIMARY STEERING LOCATION STD General Service AA1-002 TRUCK CONFIGURATION STD AA6-001 DOMICILED, USA 50 STATES(INCLUDING STD CALIFORNIA AND CARB OPT-IN STATES) A85-010 UTILITY/REPAIR/MAINTENANCE SERVICE N/C A84-1UT UTILITY BUSINESS SEGMENT N/C AA4-002 LIQUID BULK COMMODITY N/C AA5-002 TERRAIN/DUTY: 100%(ALL)OF THE TIME, IN STD TRANSIT, IS SPENT ON PAVED ROADS AB1-008 MAXIMUM 8%EXPECTED GRADE STD AB5-001 SMOOTH CONCRETE OR ASPHALT PAVEMENT- STD MOST SEVERE IN-TRANSIT(BETWEEN SITES) ROAD SURFACE 995-091 MEDIUM TRUCK WARRANTY STD A66-99D EXPECTED FRONT AXLE(S)LOAD: 11000.0 Ibs A68-99D EXPECTED REAR DRIVE AXLE(S)LOAD: 19000.0 Ibs A69-99D EXPECTED TAG AXLE(S)LOAD: 0.0 Ibs Application Version 11.6.302 cRD 06/22/2021 12:09 PM Data Version PRL-20M.004 2023 26 CARB Page 1 of 16 Prepared for: Prepared by: 2023 CARB 26GVW PARADIGM Bob Jensen VACTOR TRUVAC T26FS325A 2023 TRANSCHICAGO TRUCK GROUP 1621 SOUTH ILLINOIS ST 776 N.YORK STREET STREATOR, IL 61364 ELMHURST, IL 60126 Phone:815 672 3171 Phone:630-279-0600 ext.631 Weight Weight Data Code Description Front Rear Retail Price A63-99D EXPECTED GROSS VEHICLE WEIGHT CAPACITY : 26000.0 I bs Truck Service AA3-034 SEWER/INDUSTRIAL VACUUM BODY N/C A88-99D EXPECTED TRUCK BODY LENGTH: 10.0 ft AE2-99D EXPECTED TRUCK BODY WIDTH : 96.0 in AF3-1 DN VACTOR N/C AF7-99D EXPECTED BODY/PAYLOAD CG HEIGHT ABOVE FRAME"XX"INCHES: 32.0 in Engine 101-21Y CUM B6.7 325 HP @ 2400 RPM,2600 GOV,750 $7,436.00 LB-FT @ 1800 RPM Electronic Parameters 79A-070 70 MPH ROAD SPEED LIMIT N/C 79B-000 CRUISE CONTROL SPEED LIMIT SAME AS ROAD N/C SPEED LIMIT 79K-007 PTO MODE ENGINE RPM LIMIT-1100 RPM N/C 79M-001 PTO MODE BRAKE OVERRIDE-SERVICE N/C BRAKE APPLIED 79P-002 PTO RPM WITH CRUISE SET SWITCH-700 RPM N/C 79Q-002 PTO RPM WITH CRUISE RESUME SWITCH-700 N/C RPM 79S-001 PTO MODE CANCEL VEHICLE SPEED-5 MPH N/C 791-1-010 PTO GOVERNOR RAMP RATE-500 RPM PER N/C SECOND 80G-002 PTO MINIMUM RPM-700 N/C 80J-002 REGEN INHIBIT SPEED THRESHOLD-5 MPH N/C EE4-99D IDLE TIME MINUTES: 5.0 minutes Engine Equipment 99C-021 2016 ONBOARD DIAGNOSTICS/2010 STD EPA/GARB/GHG21 CONFIGURATION 99D-009 2008 CARB EMISSION CERTIFICATION-CLEAN $109.00 IDLE(INCLUDES 6X4 INCH LABEL ON LEFT SIDE OF HOOD) 13E-001 STANDARD OIL PAN STD 105-001 ENGINE MOUNTED OIL CHECK AND FILL STD 014-1B5 SIDE OF HOOD AIR INTAKE WITH DONALDSON $50.00 HIGH CAPACITY AIR CLEANER WITH SAFETY ELEMENT, FIREWALL MOUNTED 190-015 DONALDSON 1-STAGE AIR CLEANER WITH N/C SAFETY ELEMENT Application Version 11.6.302 06/22/2021 12:09 PM Data Version PRL-20M.004 2023 26 CARB Page 2 of 16 Prepared for: Prepared by: 2023 CARB 26GVW PARADIGM Bob Jensen VACTOR TRUVAC T26FS325A 2023 TRANSCHICAGO TRUCK GROUP 1621 SOUTH ILLINOIS ST 776 N.YORK STREET STREATOR, IL 61364 ELMHURST, IL 60126 Phone:815 672 3171 Phone:630-279-0600 ext.631 Weight Weight Data Code Description Front Rear Retail Price 124-1 D7 DR 12V 160 AMP 28-SI QUADRAMOUNT PAD STD ALTERNATOR WITH REMOTE BATTERY VOLT SENSE 292-205 (2)DTNA GENUINE, FLOODED STARTING, MIN STD 1900CCA,350RC,THREADED STUD BATTERIES 290-017 BATTERY BOX FRAME MOUNTED STD 281-001 STANDARD BATTERY JUMPERS STD 282-001 SINGLE BATTERY BOX FRAME MOUNTED LH STD SIDE UNDER CAB 291-017 WIRE GROUND RETURN FOR BATTERY CABLES STD WITH ADDITIONAL FRAME GROUND RETURN 289-001 NON-POLISHED BATTERY BOX COVER STD 107-032 CUMMINS TURBOCHARGED 18.7 CFM AIR STD COMPRESSOR WITH INTERNAL SAFETY VALVE 108-002 STANDARD MECHANICAL AIR COMPRESSOR STD GOVERNOR 131-013 AIR COMPRESSOR DISCHARGE LINE STD 152-041 ELECTRONIC ENGINE INTEGRAL SHUTDOWN STD PROTECTION SYSTEM 128-076 CUMMINS ENGINE INTEGRAL BRAKE WITH 20 $14.00 VARIABLE GEOMETRY TURBO ON/OFF 016-1 C2 RH OUTBOARD UNDER STEP MOUNTED 30 25 $823.00 HORIZONTAL AFTERTREATMENT SYSTEM ASSEMBLY WITH RH B-PILLAR MOUNTED VERTICAL TAILPIPE 28F-002 ENGINE AFTERTREATMENT DEVICE, STD AUTOMATIC OVER THE ROAD REGENERATION AND DASH MOUNTED REGENERATION REQUEST SWITCH 239-020 10 FOOT 00 INCH(120 INCH+O/-5.9 INCH) ($4.00) EXHAUST SYSTEM HEIGHT 235-078 RH OUTBOARD UNDER STEP MOUNTED N/C HORIZONTAL DPF ATD OR AFTERTREATMENT SYSTEM 237-1CR RH CURVED VERTICAL TAILPIPE B-PILLAR N/C MOUNTED ROUTED FROM STEP 23U-001 6 GALLON DIESEL EXHAUST FLUID TANK STD 30N-003 100 PERCENT DIESEL EXHAUST FLUID FILL STD 43X-002 LH MEDIUM DUTY STANDARD DIESEL EXHAUST STD FLUID TANK LOCATION 23Y-002 DIESEL EXHAUST FLUID PUMP MOUNTED AFT $68.00 OF DIESEL EXHAUST FLUID TANK 43Y-001 STANDARD DIESEL EXHAUST FLUID TANK CAP STD 242-001 STAINLESS STEEL AFTERTREATMENT $48.00 DEVICE/MUFFLER/TAILPIPE SHIELD 273-058 AIR POWERED ON/OFF ENGINE FAN CLUTCH STD Application Version 11.6.302 cRD 06/22/2021 12:09 PM Data Version PRL-20M.004 2023 26 CARB Page 3 of 16 Prepared for: Prepared by: 2023 CARB 26GVW PARADIGM Bob Jensen VACTOR TRUVAC T26FS325A 2023 TRANSCHICAGO TRUCK GROUP 1621 SOUTH ILLINOIS ST 776 N.YORK STREET STREATOR, IL 61364 ELMHURST, IL 60126 Phone:815 672 3171 Phone:630-279-0600 ext.631 Weight Weight Data Code Description Front Rear Retail Price 276-002 AUTOMATIC FAN CONTROL WITH DASH $10.00 SWITCH AND INDICATOR LIGHT, NON ENGINE MOUNTED 110-003 CUMMINS SPIN ON FUEL FILTER STD 118-001 FULL FLOW OIL FILTER STD 266-100 700 SQUARE INCH ALUMINUM RADIATOR STD 103-036 ANTIFREEZE TO-34F,ETHYLENE GLYCOL PRE- $18.00 CHARGED SCA HEAVY DUTY COOLANT 171-007 GATES BLUE STRIPE COOLANT HOSES OR STD EQUIVALENT 172-001 CONSTANT TENSION HOSE CLAMPS FOR STD COOLANT HOSES 270-016 RADIATOR DRAIN VALVE STD 168-002 LOWER RADIATOR GUARD STD 138-010 PHILLIPS-TEMRO 750 WATT/115 VOLT BLOCK 4 $108.00 HEATER 140-053 BLACK PLASTIC ENGINE HEATER RECEPTACLE N/C MOUNTED UNDER LH DOOR 134-001 ALUMINUM FLYWHEEL HOUSING STD 132-004 ELECTRIC GRID AIR INTAKE WARMER STD 155-058 DELCO 12V 38MT HD STARTER WITH $46.00 INTEGRATED MAGNETIC SWITCH Transmission 342-582 ALLISON 3000 RIDS AUTOMATIC TRANSMISSION 200 60 $6,785.00 WITH PTO PROVISION Transmission Equipment 343-334 ALLISON VOCATIONAL PACKAGE 216- N/C AVAILABLE ON 3000/4000 PRODUCT FAMILIES WITH VOCATIONAL MODEL RIDS 8413-012 ALLISON VOCATIONAL RATING FOR ON/OFF N/C HIGHWAY APPLICATIONS AVAILABLE WITH ALL PRODUCT FAMILIES 84C-023 PRIMARY MODE GEARS, LOWEST GEAR 1, N/C START GEAR 1, HIGHEST GEAR 6,AVAILABLE FOR 3000/4000 PRODUCT FAMILIES ONLY 84D-023 SECONDARY MODE GEARS, LOWEST GEAR 1, N/C START GEAR 1, HIGHEST GEAR 6,AVAILABLE FOR 3000/4000 PRODUCT FAMILIES ONLY 84E-000 PRIMARY SHIFT SCHEDULE RECOMMENDED BY STD DTNA AND ALLISON,THIS DEFINED BY ENGINE AND VOCATIONAL USAGE 84F-000 SECONDARY SHIFT SCHEDULE STD RECOMMENDED BY DTNA AND ALLISON,THIS DEFINED BY ENGINE AND VOCATIONAL USAGE Application Version 11.6.302 cRD 06/22/2021 12:09 PM Data Version PRL-20M.004 2023 26 CARB Page 4 of 16 Prepared for: Prepared by: 2023 CARB 26GVW PARADIGM Bob Jensen VACTOR TRUVAC T26FS325A 2023 TRANSCHICAGO TRUCK GROUP 1621 SOUTH ILLINOIS ST 776 N.YORK STREET STREATOR, IL 61364 ELMHURST, IL 60126 Phone:815 672 3171 Phone:630-279-0600 ext.631 Weight Weight Data Code Description Front Rear Retail Price 84G-000 PRIMARY SHIFT SPEED RECOMMENDED BY STD DTNA AND ALLISON,THIS DEFINED BY ENGINE AND VOCATIONAL USAGE 84H-000 SECONDARY SHIFT SPEED RECOMMENDED BY STD DTNA AND ALLISON,THIS DEFINED BY ENGINE AND VOCATIONAL USAGE 84J-000 ENGINE BRAKE RANGE PRESELECT STD RECOMMENDED BY DTNA AND ALLISON,THIS DEFINED BY ENGINE AND VOCATIONAL USAGE 84K-000 ENGINE BRAKE RANGE ALTERNATE STD PRESELECT RECOMMENDED BY DTNA AND ALLISON,THIS DEFINED BY ENGINE AND VOCATIONAL USAGE 84N-200 FUEL SENSE 2.0 DISABLED-PERFORMANCE- STD TABLE BASED 84U-000 DRIVER SWITCH INPUT-DEFAULT-NO STD SWITCHES 84M-001 PUMP MODE INPUT ENABLED 3RD/4TH LOCKUP N/C WIRED ON TCM INPUT AJ/BQ-ALLISON 5TH GEN TRANSMISSIONS 353-022 VEHICLE INTERFACE WIRING CONNECTOR $49.00 WITHOUT BLUNT CUTS,AT BACK OF CAB 362-824 (2)CUSTOMER INSTALLED CHELSEA 280 N/C SERIES PTO'S 363-011 PTO MOUNTING, LH AND RH SIDES OF MAIN N/C TRANSMISSION 341-018 MAGNETIC PLUGS, ENGINE DRAIN, STD TRANSMISSION DRAIN,AXLE(S)FILL AND DRAIN 345-003 PUSH BUTTON ELECTRONIC SHIFT CONTROL, N/C DASH MOUNTED 97G-004 TRANSMISSION PROGNOSTICS-ENABLED 2013 N/C 370-015 WATER TO OIL TRANSMISSION COOLER, IN STD RADIATOR END TANK 346-003 TRANSMISSION OIL CHECK AND FILL WITH N/C ELECTRONIC OIL LEVEL CHECK 35T-001 SYNTHETIC TRANSMISSION FLUID(TES-295 STD COMPLIANT) Front Axle and Equipment 400-1A6 DETROIT DA-F-12.0-3 12,000#FF1 71.5 KPI/3.74 STD DROP SINGLE FRONT AXLE 402-020 MERITOR 15X4 Q+CAM FRONT BRAKES STD 403-002 NON-ASBESTOS FRONT BRAKE LINING STD 419-023 CONMET CAST IRON FRONT BRAKE DRUMS ($12.00) 409-006 FRONT OIL SEALS STD Application Version 11.6.302 06/22/2021 12:09 PM Data Version PRL-20M.004 2023 26 CARB Page 5 of 16 Prepared for: Prepared by: 2023 CARB 26GVW PARADIGM Bob Jensen VACTOR TRUVAC T26FS325A 2023 TRANSCHICAGO TRUCK GROUP 1621 SOUTH ILLINOIS ST 776 N.YORK STREET STREATOR, IL 61364 ELMHURST, IL 60126 Phone:815 672 3171 Phone:630-279-0600 ext.631 Weight Weight Data Code Description Front Rear Retail Price 408-001 VENTED FRONT HUB CAPS WITH WINDOW, STD CENTER AND SIDE PLUGS-OIL 416-022 STANDARD SPINDLE NUTS FOR ALL AXLES STD 405-002 MERITOR AUTOMATIC FRONT SLACK STD ADJUSTERS 536-050 TRW THP-60 POWER STEERING STD 539-003 POWER STEERING PUMP STD 534-015 2 QUART SEE THROUGH POWER STEERING STD RESERVOIR 40T-001 MINERAL SAE 80/90 FRONT AXLE LUBE STD Front Suspension 620-1 E9 12,000#MONO TAPERLEAF FRONT STD SUSPENSION 619-005 MAINTENANCE FREE RUBBER BUSHINGS- STD FRONT SUSPENSION 410-001 FRONT SHOCK ABSORBERS STD Rear Axle and Equipment 420-1C7 DETROIT DA-RS-19.0-4 19,000#R-SERIES -20 ($87.00) SINGLE REAR AXLE 421-588 5.88 REAR AXLE RATIO N/C 424-001 IRON REAR AXLE CARRIER WITH STANDARD STD AXLE HOUSING 386-011 SPL170 XL DANA SPICER MAIN DRIVELINE WITH 5 5 $433.00 HALF ROUND YOKES 423-020 MERITOR 16.5X7 Q+CAST SPIDER CAM REAR STD BRAKES, DOUBLE ANCHOR,FABRICATED SHOES 433-002 NON-ASBESTOS REAR BRAKE LINING STD 434-005 BRAKE CAMS AND CHAMBERS ON FORWARD $24.00 SIDE OF DRIVE AXLE(S)WITH AUXILIARY SUPPORT BRACKETS 451-023 CONMET CAST IRON REAR BRAKE DRUMS $28.00 440-006 REAR OIL SEALS STD 426-100 WABCO TRISTOP D LONGSTROKE 1-DRIVE STD AXLE SPRING PARKING CHAMBERS 428-002 MERITOR AUTOMATIC REAR SLACK STD ADJUSTERS 41T-001 MINERAL SAE 80/90 REAR AXLE LUBE ($162.00) Rear Suspension 622-1MG 21,000#52 INCH VARIABLE RATE MULTI-LEAF 100 ($1,639.00) SPRING REAR SUSPENSION WITH LEAF SPRING HELPER 621-001 SPRING SUSPENSION-NO AXLE SPACERS N/C Application Version 11.6.302 06/22/2021 12:09 PM Data Version PRL-20M.004 2023 26 CARB Page 6 of 16 Prepared for: Prepared by: 2023 CARB 26GVW PARADIGM Bob Jensen VACTOR TRUVAC T26FS325A 2023 TRANSCHICAGO TRUCK GROUP 1621 SOUTH ILLINOIS ST 776 N.YORK STREET STREATOR, IL 61364 ELMHURST, IL 60126 Phone:815 672 3171 Phone:630-279-0600 ext.631 Weight Weight Data Code Description Front Rear Retail Price 431-001 STANDARD AXLE SEATS IN AXLE CLAMP N/C GROUP Brake System 018-002 AIR BRAKE PACKAGE STD 490-100 WABCO 4S/4M ABS STD 871-001 REINFORCED NYLON, FABRIC BRAID AND WIRE STD BRAID CHASSIS AIR LINES 904-001 FIBER BRAID PARKING BRAKE HOSE STD 412-001 STANDARD BRAKE SYSTEM VALVES STD 46D-002 STANDARD AIR SYSTEM PRESSURE STD PROTECTION SYSTEM 413-002 STD U.S. FRONT BRAKE VALVE STD 432-003 RELAY VALVE WITH 5-8 PSI CRACK PRESSURE, STD NO REAR PROPORTIONING VALVE 480-088 WABCO SYSTEM SAVER HP WITH INTEGRAL STD AIR GOVERNOR AND HEATER 479-012 AIR DRYER MOUNTED UNDER HOOD N/C 460-058 STEEL AIR TANKS MOUNTED AFT INSIDE Must include line note $160,00 AND/OR BELOW FRAME JUST FORWARD OF REAR SUSPENSION ONE LH MOUNTED BELOW RAIL.ONE RH ABOVE REAR AXLE.USE BRACKET 12-14352-000. FRONT AT 4550 AND REAR AT 4850 477-011 PETCOCK DRAIN VALVES ON ALL AIR TANK(S) $5.00 Trailer Connections 335-004 UPGRADED CHASSIS MULTIPLEXING UNIT STD 32A-002 UPGRADED BULKHEAD MULTIPLEXING UNIT STD Wheelbase & Frame 545-487 4875MM(192 INCH)WHEELBASE N/C 546-1AG 9/32X3-1/16X10-1/16 INCH STEEL FRAME < 11Must be this frame ($39.00) (7.14X255.6MM/0.281X10.06 INCH)80KSI 552-164 1175MM(46 INCH)REAR FRAME OVERHANG N/C 55W-004 FRAME OVERHANG RANGE:41 INCH TO 50 10 -60 N/C INCH AC8-99D CALC'D BACK OF CAB TO REAR SUSP C/L(CA): 126.38 in AE8-99D CALCULATED EFFECTIVE BACK OF CAB TO REAR SUSPENSION C/L(CA): 123.38 in AE4-99D CALC'D FRAME LENGTH-OVERALL: 277.21 FSS-OLH CALCULATED FRAME SPACE LH SIDE: 85.82 in N/C FSS-ORH CALCULATED FRAME SPACE RH SIDE: 113.98 N/C in Application Version 11.6.302 06/22/2021 12:09 PM Data Version PRL-20M.004 2023 26 CARB Page 7 of 16 Prepared for: Prepared by: 2023 CARB 26GVW PARADIGM Bob Jensen VACTOR TRUVAC T26FS325A 2023 TRANSCHICAGO TRUCK GROUP 1621 SOUTH ILLINOIS ST 776 N.YORK STREET STREATOR, IL 61364 ELMHURST, IL 60126 Phone:815 672 3171 Phone:630-279-0600 ext.631 Weight Weight Data Code Description Front Rear Retail Price AM6-99D CALC'D SPACE AVAILABLE FOR DECKPLATE: 120.45 in 553-001 SQUARE END OF FRAME STD 550-001 FRONT CLOSING CROSSMEMBER STD 559-001 STANDARD WEIGHT ENGINE CROSSMEMBER STD 561-001 STANDARD CROSSMEMBER BACK OF STD TRANSMISSION 562-349 STANDARD MIDSHIP#1 CROSSMEMBER N/C MOUNTED 1235MM(49 INCH)FROM BACK OF CAB 572-001 STANDARD REARMOST CROSSMEMBER STD 565-001 STANDARD SUSPENSION CROSSMEMBER STD Chassis Equipment 556-1AP THREE-PIECE 14 INCH PAINTED STEEL 30 $65.00 BUMPER WITH COLLAPSIBLE ENDS 558-001 FRONT TOW HOOKS-FRAME MOUNTED 15 $74.00 574-001 BUMPER MOUNTING FOR SINGLE LICENSE STD PLATE 586-024 FENDER AND FRONT OF HOOD MOUNTED STD FRONT MUDFLAPS 551-007 GRADE 8 THREADED HEX HEADED FRAME STD FASTENERS 605-1AB D15-16004-000 CENTER PUNCH TO MARK $21.00 CENTERLINE OF REAR SUSPENSION ON FRAME WEB 606-244 DRLG PREP FOR VACTOR PER DWG $69.00 1550085AA, REV 0,07/27/2017 Fuel Tanks 204-219 70 GALLON/264 LITER RECTANGULAR 30 10 $233.00 ALUMINUM FUEL TANK-LH 218-005 RECTANGULAR FUEL TANK(S) STD 215-005 PLAIN ALUMINUM/PAINTED STEEL STD FUEL/HYDRAULIC TANK(S)WITH PAINTED BANDS 212-007 FUEL TANK(S)FORWARD STD 664-001 PLAIN STEP FINISH STD 205-001 FUEL TANK CAP(S) STD 122-1J2 DETROIT FUEL/WATER SEPARATOR WITH -5 STD WATER IN FUEL SENSOR AND HAND PRIMER 216-020 EQUIFLO INBOARD FUEL SYSTEM STD 20E-004 AUXILIARY FUEL SUPPLY AND RETURN PORTS $19.00 LOCATED ON LH FUEL TANK 202-016 HIGH TEMPERATURE REINFORCED NYLON STD FUEL LINE Application Version 11.6.302 06/22/2021 12:09 PM Data Version PRL-20M.004 2023 26 CARB Page 8 of 16 Prepared for: Prepared by: 2023 CARB 26GVW PARADIGM Bob Jensen VACTOR TRUVAC T26FS325A 2023 TRANSCHICAGO TRUCK GROUP 1621 SOUTH ILLINOIS ST 776 N.YORK STREET STREATOR, IL 61364 ELMHURST, IL 60126 Phone:815 672 3171 Phone:630-279-0600 ext.631 Weight Weight Data Code Description Front Rear Retail Price 221-021 FUEL COOLER MOUNTED LEFT HAND IN RAIL $280.00 AT 3600 Tires 093-12C HAN KOOK AL21 11R22.5 14 PLY RADIAL FRONT 12 ($426.00) TIRES 094-2EU HANKOOK DH06 11 R22.5 14 PLY RADIAL REAR 64 ($824.00) TIRES Hubs 418-060 CONMET PRESET PLUS PREMIUM IRON FRONT STD HUBS 450-060 CONMET PRESET PLUS PREMIUM IRON REAR STD HUBS Wheels 502-1F2 MAXION WHEELS 90541 22.5X8.25 10-HUB PILOT STD 6.20 INSET 2-HAND STEEL DISC FRONT WHEELS 505-1F2 MAXION WHEELS 90541 22.5X8.25 10-HUB PILOT STD 6.20 INSET 2-HAND STEEL DISC REAR WHEELS 496-011 FRONT WHEEL MOUNTING NUTS STD 497-011 REAR WHEEL MOUNTING NUTS STD 495-998 NO PUSHER/TAG WHEEL MOUNTING NUTS STD Cab Exterior 829-071 106 INCH BBC FLAT ROOF ALUMINUM STD CONVENTIONAL CAB 650-009 RUBBER CAB MOUNTS STD 705-012 CAB ROOF REINFORCEMENTS FOR ROOF 2 $63.00 MOUNTED COMPONENTS 678-001 LH AND RH GRAB HANDLES STD 646-009 PAINTED PLASTIC GRILLE $50.00 65X-001 ARGENT SILVER HOOD MOUNTED AIR INTAKE N/C GRILLE 644-004 FIBERGLASS HOOD STD 726-001 SINGLE ELECTRIC HORN STD 657-001 DOOR LOCKS AND IGNITION SWITCH KEYED STD THE SAME 78G-004 KEY QUANTITY OF 4 $18.00 575-001 REAR LICENSE PLATE MOUNT END OF FRAME STD 312-043 INTEGRAL HEADLIGHT/MARKER ASSEMBLY STD 302-001 (5)AMBER MARKER LIGHTS STD 294-001 INTEGRAL STOP/TAIL/BACKUP LIGHTS STD 300-015 STANDARD FRONT TURN SIGNAL LAMPS STD Application Version 11.6.302 cRD 06/22/2021 12:09 PM Data Version PRL-20M.004 2023 26 CARB Page 9 of 16 Prepared for: Prepared by: 2023 CARB 26GVW PARADIGM Bob Jensen VACTOR TRUVAC T26FS325A 2023 TRANSCHICAGO TRUCK GROUP 1621 SOUTH ILLINOIS ST 776 N.YORK STREET STREATOR, IL 61364 ELMHURST, IL 60126 Phone:815 672 3171 Phone:630-279-0600 ext.631 Weight Weight Data Code Description Front Rear Retail Price 744-1 BH DUAL WEST COAST MOLDED-IN COLOR STD MIRRORS 797-001 DOOR MOUNTED MIRRORS STD 796-001 102 INCH EQUIPMENT WIDTH STD 743-1AP LH AND RH 8 INCH MOLDED-IN COLOR CONVEX $43.00 MIRRORS MOUNTED UNDER PRIMARY MIRRORS 729-001 STANDARD SIDE/REAR REFLECTORS STD 768-043 63X14 INCH TINTED REAR WINDOW STD 661-003 TINTED DOOR GLASS LH AND RH WITH TINTED STD NON-OPERATING WING WINDOWS 654-003 MANUAL DOOR WINDOW REGULATORS STD 663-013 1-PIECE SOLAR GREEN GLASS WINDSHIELD STD 659-020 2 GALLON WINDSHIELD WASHER RESERVOIR N/C WITH FLUID LEVEL INDICATOR, FRAME MOUNTED Cab Interior 707-1AK OPAL GRAY VINYL INTERIOR N/C 706-013 MOLDED PLASTIC DOOR PANEL STD 708-013 MOLDED PLASTIC DOOR PANEL STD 772-006 BLACK MATS WITH SINGLE INSULATION STD 691-008 FORWARD ROOF MOUNTED CONSOLE WITH STD UPPER STORAGE COMPARTMENTS WITHOUT NETTING 694-010 IN DASH STORAGE BIN STD 742-007 (2)CUP HOLDERS LH AND RH DASH STD 680-006 GRAY/CHARCOAL FLAT DASH STD 700-002 HEATER, DEFROSTER AND AIR CONDITIONER STD 701-001 STANDARD HVAC DUCTING STD 703-005 MAIN HVAC CONTROLS WITH RECIRCULATION STD SWITCH 689-804 PREP KIT FOR CUSTOMER INSTALLED $307.00 AUXILIARY HEATER, INSTALL SPECIFIC FOR VACTOR BODY,PLUMBING FROM ENG TO RAIL MTD SHUTOFF VALVES AT CUSTOMER SPECIFIED LOCATION 170-045 STANDARD HEATER PLUMBING WITH BALL $16.00 SHUTOFF VALVES AT SUPPLY LINES ONLY 724-001 AUXILIARY HEATER PLUMBING N/C 130-041 VALEO HEAVY DUTY A/C REFRIGERANT STD COMPRESSOR 702-002 BINARY CONTROL, R-134A STD 739-033 STANDARD INSULATION STD Application Version 11.6.302 cRD 06/22/2021 12:09 PM Data Version PRL-20M.004 2023 26 CARB Page 10 of 16 Prepared for: Prepared by: 2023 CARB 26GVW PARADIGM Bob Jensen VACTOR TRUVAC T26FS325A 2023 TRANSCHICAGO TRUCK GROUP 1621 SOUTH ILLINOIS ST 776 N.YORK STREET STREATOR, IL 61364 ELMHURST, IL 60126 Phone:815 672 3171 Phone:630-279-0600 ext.631 Weight Weight Data Code Description Front Rear Retail Price 285-013 SOLID-STATE CIRCUIT PROTECTION AND STD FUSES 280-007 12V NEGATIVE GROUND ELECTRICAL SYSTEM STD 324-014 DOME LIGHT WITH 3-WAY SWITCH ACTIVATED STD BY LH AND RH DOORS 655-001 CAB DOOR LATCHES WITH MANUAL DOOR STD LOCKS 284-023 (1)12 VOLT POWER SUPPLY IN DASH $21.00 756-338 BASIC ISRINGHAUSEN HIGH BACK AIR 30 $167.00 SUSPENSION DRIVERS SEAT WTIH MECHANICAL LUMBAR AND INTEGRATED CUSHION EXTENSION 760-338 BASIC ISRINGHAUSEN HIGH BACK AIR 25 10 $255.00 SUSPENSION PASSENGER SEAT WTIH MECHANICAL LUMBAR AND INTEGRATED CUSHION EXTENSION 759-005 DUAL DRIVER AND PASSENGER SEAT 8 $138.00 ARMRESTS 711-004 LH AND RH INTEGRAL DOOR PANEL ARMRESTS STD 758-036 VINYL WITH VINYL INSERT DRIVER SEAT STD 761-036 VINYL WITH VINYL INSERT PASSENGER SEAT STD 763-101 BLACK SEAT BELTS STD 532-001 FIXED STEERING COLUMN STD 540-015 4-SPOKE 18 INCH(450MM)STEERING WHEEL STD 765-002 DRIVER AND PASSENGER INTERIOR SUN STD VISORS Instruments & Controls 732-004 GRAY DRIVER INSTRUMENT PANEL STD 734-004 GRAY CENTER INSTRUMENT PANEL STD 870-001 BLACK GAUGE BEZELS STD 486-001 LOW AIR PRESSURE INDICATOR LIGHT AND STD AUDIBLE ALARM 840-002 2 INCH PRIMARY AND SECONDARY AIR STD PRESSURE GAUGES 198-003 DASH MOUNTED AIR RESTRICTION INDICATOR $36.00 WITH GRADUATIONS 149-013 ELECTRONIC CRUISE CONTROL WITH STD SWITCHES IN LH SWITCH PANEL 156-007 KEY OPERATED IGNITION SWITCH AND STD INTEGRAL START POSITION;4 POSITION OFF/RUN/START/ACCESSORY 811-042 ICU3S, 132X48 DISPLAY WITH DIAGNOSTICS,28 STD LED WARNING LAMPS AND DATA LINKED Application Version 11.6.302 06/22/2021 12:09 PM Data Version PRL-20M.004 2023 26 CARB Page 11 of 16 Prepared for: Prepared by: 2023 CARB 26GVW PARADIGM Bob Jensen VACTOR TRUVAC T26FS325A 2023 TRANSCHICAGO TRUCK GROUP 1621 SOUTH ILLINOIS ST 776 N.YORK STREET STREATOR, IL 61364 ELMHURST, IL 60126 Phone:815 672 3171 Phone:630-279-0600 ext.631 Weight Weight Data Code Description Front Rear Retail Price 160-039 (1)HEAVY DUTY ONBOARD DIAGNOSTICS $11.00 INTERFACE CONNECTOR LOCATED BELOW LH DASH AND(1)SAE J1939 DIAGNOSTIC INTERFACE CONNECTOR LOCATED CENTER OF DASH 844-001 2 INCH ELECTRIC FUEL GAUGE STD 148-003 PROGRAMMABLE RPM CONTROL- STD ELECTRONIC ENGINE 856-001 ELECTRICAL ENGINE COOLANT TEMPERATURE STD GAUGE 864-001 2 INCH TRANSMISSION OIL TEMPERATURE STD GAUGE 830-017 ENGINE AND TRIP HOUR METERS INTEGRAL STD WITHIN DRIVER DISPLAY 372-051 CUSTOMER FURNISHED AND INSTALLED PTO N/C CONTROLS 852-002 ELECTRIC ENGINE OIL PRESSURE GAUGE STD 746-137 AM/FM/WB WORLD TUNER RADIO WITH 10 $490.00 BLUETOOTH, USB AND AUXILIARY INPUTS, J1939 747-001 DASH MOUNTED RADIO N/C 750-002 (2)RADIO SPEAKERS IN CAB N/C 753-001 AM/FM ANTENNA MOUNTED ON FORWARD LH N/C ROOF 810-027 ELECTRONIC MPH SPEEDOMETER WITH STD SECONDARY KPH SCALE,WITHOUT ODOMETER 817-001 STANDARD VEHICLE SPEED SENSOR STD 812-001 ELECTRONIC 3000 RPM TACHOMETER STD 6TS-003 (2)TMC RP 1226 ACCESSORY CONNECTORS: $49.00 (1)LOCATED BEHIND DASH B PANEL AND(1) LOCATED PASSENGER SIDE OF DASH 162-002 IGNITION SWITCH CONTROLLED ENGINE STOP N/C 836-015 DIGITAL VOLTAGE DISPLAY INTEGRAL WITH STD DRIVER DISPLAY 660-008 SINGLE ELECTRIC WINDSHIELD WIPER MOTOR STD WITH DELAY 304-001 MARKER LIGHT SWITCH INTEGRAL WITH STD HEADLIGHT SWITCH 882-009 ONE VALVE PARKING BRAKE SYSTEM WITH STD WARNING INDICATOR 299-013 SELF CANCELING TURN SIGNAL SWITCH WITH STD DIMMER,WASHER/WIPER AND HAZARD IN HANDLE Application Version 11.6.302 06/22/2021 12:09 PM Data Version PRL-20M.004 2023 26 CARB Page 12 of 16 Prepared for: Prepared by: 2023 CARB 26GVW PARADIGM Bob Jensen VACTOR TRUVAC T26FS325A 2023 TRANSCHICAGO TRUCK GROUP 1621 SOUTH ILLINOIS ST 776 N.YORK STREET STREATOR, IL 61364 ELMHURST, IL 60126 Phone:815 672 3171 Phone:630-279-0600 ext.631 Weight Weight Data Code Description Front Rear Retail Price 298-039 INTEGRAL ELECTRONIC TURN SIGNAL STD FLASHER WITH HAZARD LAMPS OVERRIDING STOP LAMPS Design 065-000 PAINT:ONE SOLID COLOR STD Color 980-5F6 CAB COLOR A: L0006EY WHITE ELITE EY STD 986-020 BLACK, HIGH SOLIDS POLYURETHANE CHASSIS STD PAINT 962-976 POWDER BLACK(N0001EA)FRONT $46.00 WHEELS/RIMS(PKBLK21,BK, PB1) 966-976 POWDER BLACK(N0001EA)REAR $92.00 WHEELS/RIMS(PKBLK21,BK, PB1) 964-3A1 BUMPER PAINT: N0001 EA BLACK ELITE SS $70.00 963-003 STANDARD E COAT/UNDERCOATING STD Certification /Compliance 996-001 U.S. FMVSS CERTIFICATION, EXCEPT SALES STD CABS AND GLIDER KITS Raw Performance Data AE8-99D CALCULATED EFFECTIVE BACK OF CAB TO REAR SUSPENSION C/L(CA): 123.38 in AM6-99D CALC'D SPACE AVAILABLE FOR DECKPLATE: 120.45 in Sales Programs NO SALES PROGRAMS HAVE BEEN SELECTED TOTAL VEHICLE SUMMARY Adjusted List Price Adjusted List Price" $119,164.00 Weight Summary Weight Weight Total Front Rear Weight Factory Weight+ 6175 Ibs 3687 Ibs 9862 Ibs Application Version 11.6.302 cRD 06/22/2021 12:09 PM Data Version PRL-20M.004 2023 26 CARB Page 13 of 16 Prepared for: Prepared by: 2023 CARB 26GVW PARADIGM Bob Jensen VACTOR TRUVAC T26FS325A 2023 TRANSCHICAGO TRUCK GROUP 1621 SOUTH ILLINOIS ST 776 N.YORK STREET STREATOR, IL 61364 ELMHURST, IL 60126 Phone:815 672 3171 Phone:630-279-0600 ext.631 Total Weight+ 6175 Ibs 3687 Ibs 9862 Ibs ITEMS NOT INCLUDED I N ADJUSTED LIST P R I C E Other Factory Charges PNZ-001 CARB22 BASE WARRANTY SURCHARGE DD5/DD8 SS/B6.7/L9—325 $1,075.00 PMV-021 GHG21 ENHANCEMENT PRICE $455.00 RAG-020 CUMMINS TARIFF CHARGE-$205 $205.00 P73-2FT STANDARD DESTINATION CHARGE $2,450.00 Extended Warranty WAG-010 TOWING: 1 YEAR/UNLIMITED MILES/KM EXTENDED TOWING $200.00 COVERAGE$550 CAP FEX APPLIES Currency Exchange Rate 1.0000 Total Extended Warranty(Local Currency) $200.00 (+)Weights shown are estimates only. If weight is critical,contact Customer Application Engineering. ( ')Prices shown do not include taxes,fees,etc... "Net Equipment Selling Price"is located on the Quotation Details Proposal Report. ("')All cost increases for major components(Engines,Transmissions,Axles, Front and Rear Tires)and government mandated requirements,tariffs,and raw material surcharges will be passed through and added to factory invoices. Application Version 11.6.302 06/22/2021 12:09 PM Data Version PRL-20M.004 2023 26 CARB Page 14 of 16 TYPICAL CHASSIS MODIFICATION AND INSPECTION REQUIREMENTS: 00 XYZ 20XX - CHASSIS MODIFICATION REQUIREMENTS (ABC) 1. PROVIDE LH PTO/DRIVELINE CLEARANCE. REROUTE CABLES AND LINES AWAY FROM THE LH PTO WINDOW. 00 XYZ 20XX - CHASSIS INSPECTION REQUIREMENTS (ABC) A. SHOULD HAVE FACTORY FRAME DRILL PER VACTOR DRAWING 1550085AA REV 0 B. SHOULD HAVE FUEL COOLER LOCATED INSIDE D/S RAIL 85" TO 88" FROM REAR AXLE CL C. SHOULD HAVE TWO BATTERIES D/S UNDER CAB ABOVE FUEL TANK D. SHOULD HAVE AIR DRYER LOCATED FORWARD OF P/S WHEEL E. SHOULD HAVE ONE D/S AIR TANK INSIDE & BELOW RAIL JUST FORWARD OF REAR SUSPENSION F. SHOULD HAVE AUXILIARY FUEL SUPPLY/RETURN PORTS IN D/S FUEL TANK G. SHOULD HAVE COOLANT SHUTOFF VALVES INSIDE P/S RAIL UNDER CAB ADDITIONAL REQUIREMENTS BASED ON SALES ORDER OPTIONAL CONTENT: (PAR1095) 2" TRAILER HITCH RECEIVER,RV STYLE TRAILER PLUG,ELECTRIC TRAILER BRAKE MODULE - 10,000 LBS CAPACITY 2. INSTALL ELECTRIC BRAKE CONTROLLER IN CAB AND RUN 7 PIN RV STYLE CONNECTOR TO REAR OF UNIT. CONNECTIONS TO INCLUDE STOP, TURN, RUNNING LIGHTS & BRAKE POWER. City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith 60 - Enterprise Fund 3410 - Water - Operations From 10/1/2022 Through 9/30/2023 Budget with Current Year Budget Amendments Actual Remaining Capital Outlay 94400 Capital - Equipment 324,999.96 0.00 324,999.96 Carr... Carryforward 208,961.04 0.00 208,961.04 Total Capital Outlay 533,961.00 0.00 533,961.00 TOTAL EXPENDITURES 533,961.00 0.00 533,961.00 Date: 12/20/22 10:03:56 AM Page: 1:1 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith 60 - Enterprise Fund 3410 - Water - Operations From 10/1/2022 Through 9/30/2023 Percent of Budget Remaining 100.00% 100.00% 100.00% 100.00% Date: 12/20/22 10:03:56 AM Page: 1:2 12/20/22,10:51 AM Section 67-2807—Idaho State Legislature Idaho Statutes Idaho Statutes are updated to the web July 1 following the legislative session. TITLE 67 STATE GOVERNMENT AND STATE AFFAIRS CHAPTER 28 PURCHASING BY POLITICAL SUBDIVISIONS 67-2807. COOPERATIVE PURCHASING. With the approval of its governing board, a political subdivision may participate in cooperative purchasing agreements with the state of Idaho, other Idaho political subdivisions, other government entities, or associations thereof. Political subdivisions may also participate in cooperative purchasing programs established by any association that offers its goods or services as a result of competitive solicitation processes. Goods or services procured by participation in such cooperative agreements or programs shall be deemed to have been acquired in accordance with the requirements of this chapter. History: [67-2807, added 2019, ch. 67, sec. 2, p. 161.1 How current is this law? Search the Idaho Statutes and Constitution https://legislature.idaho.gov/statutesrules/idstatfTitle67/T67CH28/SECT67-2807/ 1/1 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Subrecipient Agreement Between the City of Meridian and Neighborhood Housing Services, Inc., DBA NeighborWorks° Boise for Program Year 2021 Community Development Block Grant Funds SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND NEIGHBORHOOD HOUSING SERVICES,INC. DBA NEIGHBORWORKSO BOISE FOR PROGRAM YEAR 2021 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Subrecipient Agreement("Agreement") is entered into this 3rd day of January , 2023 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Neighborhood Housing Services, Inc. dba NeighborWorks®Boise, a nonprofit charitable corporation organized under the laws of the state of Idaho ("Subrecipient"). WHEREAS, City is an entitlement community, and as such has applied for, and been granted authority to receive funds from the United States Department of Housing and Urban Development ("HUD")under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, i.e., Community Development Block Grant ("CDBG") funds; and WHEREAS,pursuant to the terms of this Agreement, the City hereby provides a subaward of the following grant(s) to Subrecipient: grant no. B-21-MC-16-0006, awarded by HUD on November 3, 2021; WHEREAS,the City wishes to engage Subrecipient by way of this Agreement to assist the City in utilizing such funds and the CDBG program in a manner compliant with the requirements of 24 CFR Part 570 and 2 CFR Part 200, and all other federal, state, and local laws, statutes, regulations and/or requirements; and WHEREAS, it is acknowledged by the Parties that although Congress has signed an appropriation bill committing the funds set forth in this Agreement, and HUD has notified City of its apportionment and approved the City's Action Plan, availability of CDBG funds to City, and thus to Subrecipient, is subject to Congressional release of such funds to HUD and HUD's release of such funds to City; and that City's obligation to provide funding to Subrecipient under this Agreement is provisional,pending the availability of such funds; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. STATEMENT OF WORK A. Activities. Subrecipient shall use City's subaward of CDBG funds in an amount not to exceed seventy five thousand dollars ($75,000). Subrecipient will be responsible for administering homeownership assistance to eligible households, in a manner satisfactory to the City and consistent with any standards required as a condition of providing the funds. This project is eligible under(13B) Homeownership Assistance. CDBG Funds will be used to reimburse for administering program, housing assistance costs up to 50 percent of required down payment, costs to subsidize interest and/or mortgage principal amounts, and/or reasonable closing costs. The primary administrative office is located at 3380 W. Americana Terrace, Suite 120, Boise, ID 86706. See Attachment 1 for a map of the service location. B. National Objective. Subrecipient certifies that the activities carried out using the City's CDBG funds provided by City under this Agreement will meet one or more of the CDBG program's National Objectives as defined in 24 CFR § 570.201(n). PY22 SUBRECIPIENT AGREEMENT-HOMEBUYER ASSISTANCE PAGE I OF 27 C. Level of Service. Subrecipient's activities under this Agreement shall provide at least 2 total Units of Service over the term of this Agreement. For the purposes of this Agreement, "Units of Service" shall be defined as "low to moderate income household purchasing a home within Meridian city limits." Subrecipient shall verify that the household income of clientele served by City's CDBG funds, as defined in 24 CFR § 5.609, does not exceed the maximum limits as determined by the U.S. Department of Housing and Urban Development. The current income guidelines are located in the Subrecipient Toolbox at https://meridiancity.org/cdbg/. D. Staffing. Subrecipient agrees to provide the City with an Hourly Billing Rate worksheet and job description for each staff member that will be paid using CDBG funds prior to Subrecipient's initial reimbursement request. E. Project schedule. Subrecipient shall submit a signed, dated, and detailed Project Schedule. The Project Schedule must indicate the start and end dates for different project elements. The Project Schedule shall be submitted as a companion document with this Agreement. A revised Project Schedule shall be submitted when delays of thirty(30) days or more are anticipated or experienced. F. Special Conditions. 1. Subrecipient understands and agrees that the allocation of CDBG funds may be used to provide services and programs only to City of Meridian residents. If applicable, Subrecipient shall verify that any and all persons who receive funds granted to Subrecipient pursuant to this Agreement ("Client") a) reside within the city limits of Meridian, Idaho and b)meet the current CDBG income eligibility guidelines. Subrecipient must deem any Client who does not meet the above requirements to be ineligible to receive CDBG funds and shall suspend use of federal funds for the Client. 2. Subrecipient certifies that Subrecipient is in compliance with all applicable Fair Housing Laws, Section 504 of the Rehabilitation Act, and Americans with Disabilities Act requirements. 3. City reserves the right to make unannounced visits to Subrecipient's location in order to verify compliance with all program requirements. 4. If applicable, Subrecipient may utilize HUD's Income Calculator at https://www.hudexchange.info/incomecalculator/to determine annual household income of any or all Clients based on CDBG criteria. G. Time of performance. Services of Subrecipient shall start on or after November 1, 2022 and end on September 30, 2023. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. II. SUBRECIPIENT'S ADMINISTRATIVE REQUIREMENTS A. General Compliance. Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) including subpart K of these PY22 SUBRECIPIENT AGREEMENT-HOMEBUYER ASSISTANCE PAGE 2 OF 27 regulations, except that (1) Subrecipient does not assume the City's environmental responsibilities described in 24 CFR 570.604 and(2) Subrecipient does not assume the City's responsibility for initiating the review process under the provisions of 24 CFR Part 52, and all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this Agreement. A copy of the Environmental Review Record is included as Attachment 5. B. Uniform administrative requirements. Subrecipient shall comply with applicable uniform administrative requirements, as described in 24 CFR § 570.502. C. Performance monitoring. City will monitor the performance of Subrecipient against goals and performance measures as set forth herein. Performance monitoring shall include City's review of Subrecipient's submitted documents for accuracy and completion, as well as a risk analysis that will determine if the City will conduct a desk review and/or an on-site visit from City's Community Development Program Coordinator to review the completeness and accuracy of records maintained. A copy of the risk analysis is included as Attachment 2. Substandard performance as determined by City shall constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within fourteen days (14) after being notified by City, City shall initiate termination procedures. Additionally, Subrecipient will be allowed no more than three noncompliance performance standards throughout the contract. Noncompliance includes, but is not limited to: missing a deadline,providing inaccurate monthly data, delinquent progress report submission, and/or not providing correct supporting documentation. The first occurrence will result in a warning; the second a formal letter of noncompliance; and the third will result in a formal letter notifying Subrecipient that Subrecipient is not eligible to request funding for the following grant cycle. City may share Subrecipient performance and monitoring results with other local CDBG grantees and/or agencies who are providing funding to Subrecipient. D. Budget. Subrecipient shall adhere to the budget included as Attachment 6. Subrecipient shall obtain written approval from City prior to any change in use of funds. E. Progress Reports. Based on the results of Subrecipient's risk analysis, Subrecipient shall submit progress reports monthly via the City's online portal. Instructions on submitting progress reports are located in the Subrecipient Toolbox at https://meridiancity.org/cdbg/. Progress reports will be due 15 days after the last day of the reporting period. If Progress Reports are delinquent, reimbursement requests will not be processed until the delinquency is cured. Subrecipient must timely submit Progress Reports even if no activities are conducted within the reporting period. F. Supplementation of other funds. Subrecipient agrees to utilize funds available under this Agreement to supplement, rather than supplant, funds otherwise available. G. Client Data. If applicable, subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: client name, address, income level or other basis for determining eligibility, race, ethnicity, and description of service provided. Such information shall be made available for review upon City's request. PY22 SUBRECTHENT AGREEMENT-HOMEBUYER ASSISTANCE PAGE 3 OF 27 Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of City or Subrecipient's responsibilities under this Agreement, is prohibited by the Financial Privacy Act unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. H. Closeout. Subrecipient's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but shall not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment,unspent cash advances, program income balances, and accounts receivable to City), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that Subrecipient has control over CDBG funds, including program income. I. Audits and inspections. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to City, HUD or its agent, or other authorized federal officials, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. Any deficiencies noted in audit reports must be fully repaired by Subrecipient within thirty(30) days after receipt of such report by Subrecipient. Failure of Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Subrecipient shall comply with 2 CFR § 200.501,which requires that all non- Federal entities that expend$750,000 or more in Federal awards, in one year, have a single or program-specific audit. J. Suspension and Debarment. Pursuant to 2 CFR Part 180 and 2 CFR Part 200, Appendix II, section(H), Subrecipient is prohibited from contracting with any party that is suspended or debarred, i.e., listed on the governmentwide exclusions in the System for Award Management. K. Payment Procedures. 1. Indirect Costs. The City will only reimburse Subrecipient for indirect costs that comply with 2 CFR 200, subpart E and have been previously approved, in writing, by the Community Development Program Coordinator. 2. Payment Procedures. City will pay to Subrecipient funds available under this Agreement based upon information submitted by Subrecipient and consistent with any approved budget and City policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by City in accordance with advance fund and program income balances available in Subrecipient's accounts. In addition, City reserves the right to liquidate funds available under this Agreement for costs incurred by City on behalf of Subrecipient. 3. Reimbursement requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed seventy five thousand dollars ($75,000). City will not accept or process reimbursement requests prior to City's reception of Congressional Release of Funds; the Community Development Program Coordinator PY22 SUBRECIPIENT AGREEMENT-HOMEBUYER ASSISTANCE PAGE 4 OF 27 shall notify Subrecipient of such release and the opportunity to submit reimbursement requests. Reimbursement requests for the payment of eligible expenses shall be made against the activity specified, in accordance with performance, and as expenses are incurred by Subrecipient. Reimbursement requests shall only be accepted via the City's online portal and must be completed in full to be processed. Instructions to submit reimbursement requests are located in the Subrecipient Toolbox at https://meridiancity.org/cdbg/. All reimbursement requests are to be submitted as needed in coordination with the Community Development Program Coordinator. Reimbursement requests shall include the following: transaction detail completed for the relevant draw request period, timesheets in compliance with 2 CFR 200.430 (if applicable), and proof of payment by Subrecipient (such as copy of check and bank transaction information showing payment of check, copy of receipt of payment by contractor or subcontractor, and/or other relevant documentation of payment). Reimbursement requests must be submitted within fifteen(15) calendar days from the close of each month of the program year except for the final reimbursement request. Subrecipient's final reimbursement request under this Agreement must be submitted by Subrecipient no later than October 30, 2023 and must include a Closeout Certification form which can be found in the Subrecipient Toolbox at https://meridiancity.org/cdbg/. Subrecipient shall forfeit reimbursement for any costs not requested within the timeframes set forth in this provision, unless otherwise authorized, in writing, by City. a. Reversion of assets to City. Pursuant to 24 CFR § 570.503(b)(7),upon expiration or termination of this Agreement, Subrecipient shall transfer to City any and all CDBG funds on hand at the time of expiration and any and all accounts receivable attributable to the use of CDBG funds. b. Unique entity identifier. Subrecipient shall comply with requirements established by the U.S. General Services Administration concerning the Unique Entity Identifier, the System for Award Management ("SAM") and, per 2 CFR § 170.320, the Federal Funding Accountability and Transparency Act, including Appendix A to 2 CFR part 25. L. Documentation required prior to real estate transactions. Where City's CDBG funds are used for real estate acquisition, as early as practicable, and not less than two (2)weeks prior to the completion of each transaction, Subrecipient shall provide the address of real property under consideration to City for floodplain and related environmental review. Failure to provide the address of the housing unit under consideration in advance of the anticipated close date may result in added expenses for the beneficiary or Subrecipient, or refusal of reimbursement by City. Subrecipient shall maintain real property inventory records that clearly identify properties purchased, improved, rented, or sold. M. Housing Affordability. Where the City's CDBG funds are used for homeownership assistance, the housing must qualify as affordable per Section 215 of the National Affordable Housing Act. N. National Objectives met for five (5)years. Pursuant to 24 CFR § 570.503(b)(7)(i), real property that is acquired or improved, in whole or in part,with funds under this Agreement in excess of$25,000 shall be used to meet one of the CDBG National Objectives until five (5) years after expiration of this Agreement. If the use of the CDBG-assisted real property fails to meet a CDBG National Objective for this prescribed period of time, Subrecipient shall pay City an amount equal to the current market value of the property, less any portion of the value PY22 SUBRECIPIENT AGREEMENT-HOMEBUYER ASSISTANCE PAGE 5 OF 27 attributed to expenditures of non-CDBG funds for acquisition of or improvement to the property. Such payment shall constitute program income to City. Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period. O. Compliance with procurement policies. Subrecipient shall comply with current Federal, State, and City policies concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided hereunder. P. Sale of equipment. In all cases in which equipment acquired in whole or in part with funds under this Agreement is sold, the proceeds shall be program income,prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment. Equipment purchased with funds received under this Agreement but not needed by Subrecipient for activities under this Agreement shall be (a)transferred to City for the CDBG program or(b) retained after compensating City an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment. Q. Program income. 1. Remittance at end of program year. Pursuant to 24 CFR § 570.503(b)(3) and Pursuant to 24 CFR § 570.504(c), at the end of the program year, the City may require remittance of all or part of any program income balances, including investments thereof, held by Subrecipient, except those needed for immediate cash needs, cash balances of a revolving loan fund, cash balances from a lump sum drawdown, or cash or investments held for section 108 security needs. 2. Recording program income. Pursuant to 24 CFR § 570.504(a), the receipt and expenditure of program income shall be recorded as part of the financial transactions of the grant program. 3. Disposition if received before closeout. Pursuant to 24 CFR § 570.504(b)(1), program income received before grant closeout may be retained by the recipient if the income is treated as additional CDBG funds subject to all applicable requirements governing the use of CDBG funds, and will be subject to all provisions of Pursuant to 24 CFR §§ 570.504(b) and(c), both prior to and upon closeout. R. Records and reports. 1. Records to be maintained. In addition to specific records mentioned in this Agreement, Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including, but not limited to, those required by the Federal regulations specified in 2 CFR § 200.302(b) and 24 CFR § 570.506, including: a. Full descriptions and records of each activity undertaken; b. Records related to activities meeting the National Objectives; c. Records required to determine the eligibility of activities for CDBG funding; d. Records required to document the acquisition, improvement,use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity PY22 SUBRECIPIENT AGREEMENT-HOMEBUYER ASSISTANCE PAGE 6 OF 27 components of the CDBG Program; f. Financial records, as required by 570.506(h); g. Other records necessary to document compliance with 24 CFR Part 570, Subpart K; h. Identification of CDBG funds received and expended and the Federal programs under which they were received, including Federal award identification number and year and name of the pass-through entity(City of Meridian); i. Records that identify adequately the application of CDBG funds, including information pertaining to Federal awards, authorizations, financial obligations, unobligated balances, assets, expenditures, income and interest; such records shall be supported by source documentation; j. Comparison of expenditures with budget amounts for each Federal award. k. Written procedures to implement the requirements of 2 CFR § 200.305; and 1. Written procedures for determining the allowability of costs in accordance with subpart E of this part and the terms and conditions of the Federal award. 2. Records retention. Subrecipient shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement, defined as the date of the submission of City's final annual performance and evaluation report to HUD. Records for non-expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. If,prior to the expiration of the five-year period, any litigation, claims, audits, negotiations or other actions begin that involve any of the records cited, such records shall be retained until completion of the actions and resolutions of all issues, or the expiration of the five-year period, whichever occurs later. III. EMPLOYMENT AND LABOR CONDITION REQUIREMENTS A. Equal Employment Opportunity. Per 2 CFR Part 200, Appendix II, section(C) and 41 CFR § 60-1.4(b), the equal opportunity clause set forth in 41 CFR § 60-1.4(b) is incorporated herein by reference, and shall apply as though set forth fully herein. B. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1974, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, Executive Order 11246 as amended by Executive Orders 11375 and 12086, and 24 CFR §§ 570.601 and 570.602. Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. C. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR § 570.607. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act of 1974 (24 CFR § 6) are also applicable. Subrecipient will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. Subrecipient will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, PY22 SUBRECIPIENT AGREEMENT-HOMEBUYER ASSISTANCE PAGE 7 OF 27 demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. D. ADA Section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 701 et seq.), which prohibits discrimination against the handicapped in any federally assisted activities. City shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. E. Small,Women- and Minority-Owned Businesses. Per 2 CFR § 200.321, Subrecipient must take all necessary affirmative steps to assure that small businesses, minority businesses, women's business enterprises, and labor surplus area firms are used when possible F. Affirmative Action. Subrecipient agrees that it shall be committed to carry out pursuant to City's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. City shall provide Affirmative Action guidelines to Subrecipient to assist in the formulation of such program. Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. G. Notice to workers. Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. H. Solicitations for employment. Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. I. Drug Free Workplace. Subrecipient certifies it is in compliance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701)which requires grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drugfree workplaces. Each potential recipient must certify that it will comply with drugfree workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F. J. Faith-based organizations. Pursuant to 24 CFR § 570.2000), if Subrecipient is a faith-based organization, Subrecipient agrees to expend funds provided under this Agreement in accordance with 24 CFR § 5.109. K. Labor standards. Per 2 CFR Part 200, Appendix II, section(D), Subrecipient agrees to comply with all applicable requirements of the Secretary of Labor in accordance with the Davis-Bacon Act(40 U.S.C. §§ 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5) as amended. In accordance with the statute, Subrecipient or Subrecipient's subcontractor must pay wages to laborers and mechanics at a rate not less than the prevailing wages as specified in a wage determination made by the Secretary of Labor. In addition, Subrecipient or Subrecipient's subcontractor must be required to pay wages not less than once a week. Subrecipient must include a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a PY22 SUBRECIPIENT AGREEMENT-HOMEBUYER ASSISTANCE PAGE 8 OF 27 contract or subcontract must be conditioned upon the acceptance of the wage determination. Further,the provisions of Agreement Work Hours and Safety Standards Act; the Copeland "Anti-Kickback"Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3), under which Subrecipient or Subrecipient's subcontractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. Subrecipient further acknowledges and agrees that all contractors engaged under contracts in excess of$2,000.00 for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with Federal requirements pertaining to such Agreements and with the applicable requirements of the regulations of the Department of Labor,under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Subrecipient or its subcontractors of its obligation, if any, to require payment of the higher wage. Per 2 CFR Part 200, Appendix II, section(E), the Contract Work Hours and Safety Standards Act(40 U.S.C. §§ 3701-3708) applies to contracts in excess of$100,000. L. Conflicts of interest; nepotism. Subrecipient agrees to abide by the provisions of 24 CFR § 570.611. Further, no person who exercises or has exercised any function or responsibility with respect to CDBG-assisted activities, or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in activities funded under this Agreement, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. M. Rights to Inventions. Per 2 CFR Part 200, Appendix II, section(F), if Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work, Subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. N. Lobbying; political activities. Subrecipient hereby certifies that: No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal agreement, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal agreement, grant, loan, or cooperative agreement; If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, it will complete PY22 SUBRECIPIENT AGREEMENT-HOMEBUYER ASSISTANCE PAGE 9 OF 27 and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; Subrecipient will require that the following language be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly: "This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not let less than $10,000 and not more than $100,000 for each such failure." The foregoing certification is a material representation of fact upon which reliance is placed by City. Per 31 U.S.C. § 1352 and 2 CFR Part 200, Appendix II, section (I), submission of this certification may be a prerequisite for making or entering into this transaction. Subrecipient further agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engage in the conduct of political activities in violation of the Hatch Act(Title V, Chapter 15, U.S.C.). O. Section 3 of the Housing and Urban Development Act of 1968. 1. Compliance. Compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended(12 U.S.C. § 1701) ("Section 3"), the regulations set forth in 24 CFR Part 75, Subpart C, and all applicable rules and orders issued thereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and shall be binding upon City and any contractors and/or subcontractors. Section 3 will apply to a project if there is over$200,000 of HUD housing and community development financial assistance to the project (or$100,000 of Lead Hazard or Healthy Homes funding). Failure to fulfill these requirements shall subject City, Subrecipient and any of Subrecipient's contractors and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. 2. Subcontract language. Subrecipient further agrees to include the CDBG Supplemental General Conditions in all applicable subcontracts executed under this Agreement. The CDBG Supplemental Conditions can be found in Attachment 7 (if applicable) and includes the Section 3 requirements located at 24 CFR § 75.19(b). IV. ENVIRONMENTAL CONDITIONS No funds will be released until City conducts an environmental assessment and makes a determination of"No Significant Impact" in compliance with 24 CFR Part 58 and other federal, state, and local laws and regulations. If applicable, the City will issue a Notice to Proceed once the environmental review is completed and is accepted by the City and/or HUD. A. Air and Water. Subrecipient specifically agrees to comply with the following regulations insofar as they apply to the performance of this Agreement: 1. Clean Air Act, 42 U.S.C. §§ 7401, et seq. and 2 CFR Part 200, Appendix II, section (G). PY22 SUBRECIPIENT AGREEMENT—HOMEBUYER ASSISTANCE PAGE 10 OF 27 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq., relating to inspection, monitoring, entry reports, and information, as well as other requirements specified in said Act, and all regulations and guidelines issued thereunder. 3. Environmental Protection Agency(EPA)regulations pursuant to 40 C.F.R. Part 50. B. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001), Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained, and shall assure compliance with Title 10, Chapter 6, Meridian City Code, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead-Based Paint. Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations, 24 CFR Part 35, implementing Title X of the Housing and Community Development Act of 1992. These regulations revise the CDBG lead based paint requirements under 24 CFR § 570.608. Such regulations pertain to all CDBG-assisted housing and require that all owners,prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood level screening for children under seven. The notice must also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property,paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended(16 U.S.C. § 470) and the procedures set forth in 36 CFR Part 800, Advisor Council on Historic Preservation Procedures for Protection of Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years or older or that are included on a Federal, state or local historic property list. V. GENERAL CONDITIONS A. Appropriation. It is acknowledged by the Parties that although Congress has signed an appropriation bill committing the funds set forth in this Agreement, and HUD has notified City of its apportionment and approved the City's Action Plan, availability of CDBG funds to City, and thus to Subrecipient, is subject to Congressional release of such funds to HUD and HUD's release of such funds to City. Unless and until HUD releases the funds, City shall have no contractual, legal, or equitable obligation to Subrecipient. In the event that CDBG funds are not made available to City, whether by Congress or by HUD, this Agreement shall be void, and City shall have no obligation to Subrecipient, whether under this Agreement or under any legal or equitable claim. B. Notices. All notices required to be given by either of the parties hereto shall be in writing and PY22 SUBRECIPIENT AGREEMENT—HOMEBUYER ASSISTANCE PAGE 11 OF 27 be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: If to City: If to Subrecipient: City of Meridian NeighborWorks Boise Attn: Crystal Campbell, Community Attn: Bud Complier, Jr., CEO Development Program Coordinator 3380 W. Americana Terrace, Suite 120 33 E. Broadway Avenue Boise, ID 86706 Meridian, Idaho 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. C. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning CDBG funds, including, but not limited to, 24 CFR Part 570 and subpart K of such regulations. Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this Agreement, except that: (1) Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR § 570.604; and(2) Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 58. D. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Subrecipient shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement. City shall provide no benefits or insurance coverage whatsoever to Subrecipient and/or to its agents. E. Indemnity. Subrecipient, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in Subrecipient's programming, shall hold harmless, defend and indemnify City from and for all such losses, claims, actions, and/or judgments for damages or injury to persons or property and/or losses and expenses caused or incurred by Subrecipient and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and participants in its programming, and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by Subrecipient and/or Subrecipient's employees, agents, contractors, subcontractors, officials, officers, servants, guests, invitees,participants, and/or volunteers and resulting in and/or attributable to personal injury, death, and/or damage and/or destruction to tangible or intangible property. F. Workers' Compensation. Subrecipient shall maintain workers' compensation insurance coverage, in the amount required by Idaho law, for all employees involved in the performance of this Agreement. G. Insurance. Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage. At a minimum, Subrecipient must provide the equivalent insurance coverage for real property and equipment acquired or improved with CDBG funds as provided to property owned by the non-Federal entity. For construction or facility improvement contracts or subcontracts exceeding the simplified acquisition threshold as defined in 41 U.S.C. 134 and Appendix 11, section(A), Subrecipient must comply with bonding requirements set forth in 2 CFR § 200.325. PY22 SUBRECIPIENT AGREEMENT-HOMEBUYER ASSISTANCE PAGE 12 OF 27 H. Grantee Recognition. Subrecipient shall ensure recognition of the role of the City in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. I. Amendments. The parties hereto may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each party, and approved by City's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release either party from its obligations under this Agreement. City may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both parties. J. Termination (see 2 CFR Part 200,Appendix II, section (B)). 1. Termination for convenience. Either party may terminate this Agreement by, at least thirty(30) days before the effective date of such termination, giving written notice to the other party of such termination and specifying the effective date thereof. 2. Termination for cause. Termination of this Agreement, in whole or in part, may occur for cause, which shall include,but shall not be limited to, the following: a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines,policies or directives as may become applicable at any time; b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; c. Ineffective or improper use of funds provided under this Agreement; or d. Submission of reports that are incorrect or incomplete in any material respect. Either Party may terminate this Agreement for cause by providing written notice to the other of the basis of termination. The defaulting Party shall have fourteen (14) days to cure the deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time period, the other Party shall terminate this Agreement for cause. In addition to termination of this Agreement and/or any other remedies as provided by law, City may declare Subrecipient ineligible for any further participation in City CDBG programming. 3. Work completed. In the event of any termination, all finished or unfinished documents, data, studies, surveys, maps, models, drawings,photographs, reports, and/or other materials that are the property of and prepared by Subrecipient under this Agreement shall become the property of City, and Subrecipient shall provide same within seven(7) days of City's demand therefor. Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. K. Assignment. Subrecipient shall not assign or transfer any interest in this agreement without prior written consent of City; provided, however, that claims for money due or to become due PY22 SUBRECIPIENT AGREEMENT-HOMEBUYER ASSISTANCE PAGE 13 OF 27 to Subrecipient from City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any assignment or transfer shall be furnished promptly to City. L. Subcontractors. 1. City must approve. Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of City. All subcontracts entered into in the performance of this Agreement shall be awarded pursuant to any applicable provisions of the City Purchasing Policy and/or local, state, or federal laws. 2. Monitoring. Subrecipient shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by City, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 3. Subcontract content. Subrecipient shall cause all provisions of this Agreement in their entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. Specifically, without limitation, Subrecipient shall include the provisions of this Agreement regarding Civil Rights and Affirmative Action in every subcontract or purchase order, specifically or by reference, to ensure that such provisions will be binding upon all subcontractors. 4. Documentation. Executed copies of all subcontracts shall be forwarded to City along with documentation concerning the selection process. M. Relocation, real property acquisition, and one-for-one housing replacement. Subrecipient agrees specifically, without limitation, to comply with: 1. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended(URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); 2. The requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under 24 CFR part 42, subpart B; and 3. The requirements in 24 CFR 570.606(d) governing optional relocation policies. Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2)that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. N. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. O. Severability. If any provision of this Agreement is held to be invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. PY22 SUBRECIPIENT AGREEMENT—HOMEBUYER ASSISTANCE PAGE 14 OF 27 P. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. Q. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. R. Attachments. All attachments and/or exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. S. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and Subrecipient. IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: NeighborWorks Boise 4 Bud Complier, Jr., CEO CITY: City of Meridian Attest: By: Robert E. Simison, Mayor 1-3-2023 Chris Johnson, City Clerk1-3-2023 PY22 SUBRECIPIENT AGREEMENT-HOMEBUYER ASSISTANCE PAGE 1S OF 27 Attachment 1: Location of Service Area Meridian City Limits 4 I% _ _ a R b,ca. � _. • EF�xaPPa�.,._ wP,ar,u�Pa _�.:�A�ewlrm..,., -VFaeekue Ra '--, sraxmw�+6-� EFren�linPa�a tr:. -„ wF�nalnPa�- ,:.,, - w 7mWN�n - ._eon.., — i qga a i � Ewa<..a P� Eama�a i:a � wo��IwaPa� � waalP�Pa� woe �p� 2 s 00 Re �eby Pe F 'EVke'y Rtl � WNcmry Rd4 wucxry Ra wusl m Eamih Re'.. E'wmiry Rtl Wprvy Rd �wmeyvE WMrNPe fNrrNPa �— ENuyPd WAmiy Rd � N �G x � � � wce:ainve u,ncu,u POLICYMAP PY22 SUBRECIPIENT AGREEMENT—HOMEBUYER ASSISTANCE PAGE 16 OF 27 Attachment 2: Risk Analysis Risk of Noncompliance Evaluation s docanent is used m analyze the risk aF the program is debemkire the levee of-nan coring requred wring this program year. Organization N B Hornebuyer Assistance Program 021 Award $75,000.00 Nalrle Year Total Paints 30 Risk Level Low Next Steps Desk Monitor aulerna7caNa+ca�e�fa�ed sc ore FACYORS Affcale PointValue Type of Contract weight: 2 Public Service - Housing Activities (Other than Homeownership Assistance) 2 Acqui;itionlConstruction - Public facilities, planning, infrastructure 1 Contracted Dollars weight 2 :;?0,000-Above 4 $40,000-$59 9S9 ry. $20,f)00-$39,999 2 $I:-$19.999 1 Subrecipient Experience with Meridian CDBG weight: 3 New Program 1 -3 years 5 4 yeam + 1 New Activity for Subreci ient weight: 3 ,'es 2 1 5 4J 1 Humber of Clients Served weight: 2 1-_G- 3 5---99 2 - _ess than 50 1 Key Organizational Change weight: 3 Executive Director& Financial Manager d Executive Director andlor Financial Manager 3 Program DirectorWanager 2 Other Key Staff 1 `Done 0 Systems Change weight: 3 Major Systems Change 2 Minor Systems Change 1 0 = None 0 Program Delays weight: 1 -CaBG Pro ran;did not begin on scheduleldela ed 1 New Program 1 -cD6G Program began on schedule B Progress Reports weight: 2 5ubrecipient has history of not submitting reports timely 1 New Program 1 0 = Subreci ient has histo ry of ti u bm iffing reports,ti mel 0 Met Goals in Previous Years weight: 3 `Jo!New Program 2 PY22 SUBRECIPIENT AGREEMENT—HOMEBUYER ASSISTANCE This dDurient ts u5ea tD anaWe ine risk c-'te prograTi ic debermirkE thL L-1M cf-ncnlDdng req. -g fts Dropram year Met at least 75% Risk of Noncompliance Evaluation Financial Audit we Yes Auditwith moderate toPeerious findings No i MonitoringLast Visit weight: 3 Nffw F CorrectiveGrant not renewed 4 2 Years of More 4 Less than 2 Years 0 + weight: r New r r + No Findings Communityr+ Coordinator Level of Risk Low ask Medium Risk High Ri 40 Po ofrrts 6f+ vi�rts Project requires a minimum Project$wit be monitored via internal bi-annual desk Projects will receive priority for This amount of moni6aring_ Activities monitarings and an�ite n�onifaring na less than every mani�mg_ High priority a under this category will be two years_ The on-site monif<omg review will be will generally be monitored moni6ared primarily via internal candu�tad pn�erabfy within the first six months of the annually within the first 6 months desk monitoring pra�edures an an �hasen program year_ Based upon the results of the of the program year_ High{isk� annual basis,unless situations monitoring visit,staff will determine the need far and subrecipients may also be dictate otherwise_ On�ite frequency of additional technical assistance viaiks required to subnyt additional monitoring will generally take place andloron�i��arrrpliance reviews. These activities documentation as needed to at least once every two years_ will generally be monitored after high priority activifues allow for loser evaluation of the haue been adequately addressed_ praje�t through desk monitoring_ Comments � program rr Attachment 3: Signing Authority Complete the form to designate signing authority. Subrecipient Name: . t hoar.. a s��. c r -G. s k4.. a8/� t 1e�a 6,Q r Woo it 8�-ice Project Name: w-ne { - S S t fa•� _ Program Year: 2,02 2. Start Date: IV ¢„ 0A4 End Date: r� ZQ23 Name Title Authorized to sign for(check all that x - apply): Identifying Signature ❑ Financial ❑ Contractual L /TGGw L� .L P� 01 v e-4 07^Ad- Name Title Authorized to sign for(check all that apply): Identifying Signature ❑ Financial ❑ Contractual &k-er C. orbhi S 01'rec or L--e-�d, t� Name Title Authorized to sign for(check all that apply) Identifying Signature ❑ Financial ❑ Contractual Signing authority for the above individuals is authorized by: Name Title S gnature Date PY22 SUBRECIPIENT AGREEMENT—HOMEBUYER ASs]STANCE PAGE 19 OF 27 Attachment 4: Federal Certifications The following are required as referenced below. Subrecipient Name: �IIr-,�rh,,v� o�s'�+�e� J4rv.tAr► b8d] It: ItirWrl , Project Name: -S+OL Program Year: Ja,22 Start Date: IV -20 End Date: Subrecipient maintains a policy for and complies with the following: Yes No NIA Policy [!I ❑ ❑ ADA/Section 504 [29 U.S.C. § 7011 +� ❑ ❑ Confidentiality [2 CFR § 200.303(e)] �( ❑ ❑ Conflict of Interest [2 CFR § 200.318(c)(1); 24 CFR § 570.611] p ❑ ❑ Drug Free Workplace [24 CFR part 24, subpart F] [rf ❑ ❑ Equal Employment Opportunity [2 CFR Part 200; 41 CFR § 60-1.4(b)] {� ❑ ❑ Fair Housing [Fair Housing Act] (if applicable) [✓f ❑ ❑ Nondiscrimination [24 CFR § 570.607] ❑ ❑ Q Procurement [2 CFR § 200.318(a)] (if applicable) Is Subrecipient a nonprofit entity? Q'Yes ❑No Per 2 CFR § 200.415 major nonprofit organizations'are ineligible for this funding. If the agency is a nonprofit, please select one of the following: ff6rganization is not a major nonprofit organization. ❑ Organization is a major nonprofit organization. By signing this form, I certify the above is true and correct to the best of my knowledge. Name Title QlLazel:i2, A'�- �.�.e ej� ,I r )1 N.Z Signature Date ' A major nonprofit organization is defined in§200.414(a)as an organization receiving more than$10 million indirect federal funding, PY22 SUBRECIMENT AGREEMENT—HOMEBUYER ASSISTANCE PAGE 20 OF 27 Attachment 5: Environmental Review Environmental Review for Activity/Project that is Exempt or Categorically Excluded Not Subject to Section 58.5 Pursuant to 24 CFR 58.34(a) and 58.35(b) Project Information Project Name: NWB-Homebuyer-Assistance-PY21 HERDS Number: 900000010296262 Responsible Entity(RE): MERIDIAN, 33 E Idaho Ave Meridian ID, 83642 State/Local Identifier: RE Preparer: Crystal Campbell Grant Recipient(if different than Responsible Entity): Point of Contact: Consultant(if applicable): Point of Contact: Project Location: 3380 W Americana Ter Ste 120, Boise, ID 83706 Additional Location Information: N/A Description of the Proposed Project [24 CFR 50.12&58.32;40 CFR 1508.25]: This project provides funding for administrative costs related to running a Homebuyer Assistance Program. The program will provide assistance for eligible LMI persons to purchase homes in Meridian,with preference being given to public housing residents. Assistance will include down payment assistance, closing costs, and other eligible activities. Level of Environmental Review Determination Activity/ Project is Exempt per 24 CFR 58.34(a): 58.34(a)(3) Signature Page ER Sig pg.pdf Funding Information PY22 SUBRECIPIENT AGREEMENT—HOMEBUYER ASSISTANCE PAGE 21 OF 27 Grant/ Project HUD Program Program Name Identification Number Community Planning and Community Development Block Grants 152 Development (CPD) (CDBG) (Entitlement) Estimated Total HUD Funded,Assisted $75,000.00 or Insured Amount: Estimated Total Project Cost [24 CFR 58.2 (a) (5)]: $75,000.00 Compliance with 24 CFR§50.4&§58.6 Laws and Authorities Compliance Factors: Are formal Compliance determination Statutes, Executive Orders, and compliance steps (See Appendix A for source Regulations listed at 24 CFR §50.4& or mitigation determinations) §58.6 required? STATUTES, EXECUTIVE ORDERS,AND REGULATIONS LISTED AT 24 CFR §50.4&§ 58.6 Airport Runway Clear Zones and Based on the project description the Clear Zones project includes no activities that would 24 CFR part 51 require further evaluation under this section. The project is in compliance with Airport Runway Clear Zone ❑ Yes Q No requirements. Coastal Barrier Resources Act Coastal Barrier Resources Act, as This project is located in a state that amended by the Coastal Barrier does not contain CBRS units.Therefore, Improvement Act of 1990 [16 USC this project is in compliance with the 3501] ❑ Yes Q No Coastal Barrier Resources Act. Flood Insurance Based on the project description the Flood Disaster Protection Act of project includes no activities that would 1973 and National Flood Insurance require further evaluation under this Reform Act of 1994 [42 USC 4001- section. The project does not require 4128 and 42 USC 5154a] flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP).The project is in compliance with Flood Insurance ❑ Yes Q No requirements. PY22 SUBRECIPIENT AGREEMENT—HOMEBUYER ASSISTANCE PAGE 22 OF 27 Mitigation Measures and Conditions [CFR 40 1505.2(c)]: Summarized below are all mitigation measures adopted by the Responsible Entity to reduce, avoid or eliminate adverse environmental impacts and to avoid non-compliance or non-conformance with the above-listed authorities and factors. These measures/conditions must be incorporated into project contracts, development agreements and other relevant documents.The staff responsible for implementing and monitoring mitigation measures should be clearly identified in the mitigation plan. Law,Authority, Mitigation Measure or Condition Comments on Mitigation Complete or Factor Completed Plan Measures Project Mitigation Plan Supporting documentation on completed measures PY22 SUBRECIPIENT AGREEMENT—HOMEBUYER ASSISTANCE PAGE 23 OF 27 APPENDIX A: Related Federal Laws and Authorities Airport Runway Clear Zones General policy Legislation Regulation It is HUD's policy to apply standards to 24 CFR Part 51 Subpart D prevent incompatible development around civil airports and military airfields. 1. Does the project involve the sale or acquisition of developed property? ✓ No Based on the response,the review is in compliance with this section. Yes Compliance Determination Based on the project description the project includes no activities that would require further evaluation under this section.The project is in compliance with Airport Runway Clear Zone requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No PY22 SUBRECIPIENT AGREEMENT—HOMEBUYER ASSISTANCE PAGE 24 OF 27 Coastal Barrier Resources General requirements Legislation I Regulation HUD financial assistance may not be Coastal Barrier Resources Act used for most activities in units of the (CBRA) of 1982, as amended by Coastal Barrier Resources System the Coastal Barrier Improvement (CBRS). See 16 USC 3504 for limitations Act of 1990 (16 USC 3501) on federal expenditures affecting the CBRS. This project is located in a state that does not contain CBRA units.Therefore,this project is in compliance with the Coastal Barrier Resources Act. Screen Summary Compliance Determination This project is located in a state that does not contain CBRS units.Therefore,this project is in compliance with the Coastal Barrier Resources Act. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No PY22 SUBRECIPIENT AGREEMENT—HOMEBUYER ASSISTANCE PAGE 25 OF 27 Flood Insurance General requirements Legislation Regulation Certain types of federal financial assistance may not be Flood Disaster 24 CFR 50.4(b)(1) used in floodplains unless the community participates Protection Act of 1973 and 24 CFR 58.6(a) in National Flood Insurance Program and flood as amended (42 USC and (b); 24 CFR insurance is both obtained and maintained. 4001-4128) 55.1(b). 1. Does this project involve financial assistance for construction, rehabilitation, or acquisition of a mobile home, building, or insurable personal property? ✓ No.This project does not require flood insurance or is excepted from flood insurance. Based on the response,the review is in compliance with this section. Yes 4. While flood insurance is not mandatory for this project, HUD strongly recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP). Will flood insurance be required as a mitigation measure or condition? Yes ✓ No Screen Summary Compliance Determination Based on the project description the project includes no activities that would require further evaluation under this section.The project does not require flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP).The project is in compliance with Flood Insurance requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No PY22 SUBRECIPIENT AGREEMENT—HOMEBUYER ASSISTANCE PAGE 26 OF 27 Attachment 6: Budget NeighborWorks Boise Homeownership Assistance Program Direct PY21 Project 152 Assistance Admin Total Award $65,000.00 $ 10,000.00 $75,000.00 Draw# Date Timeframe 1 2 3 4 5 6 7 8 9 10 11 12 Total $ - $ - $ - Balance $65,000.00 $ 10,000.00 $75,000.00 PY22 SUBRECIPIENT AGREEMENT—HOMEBUYER ASSISTANCE PAGE 27 OF 27 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Professional Service Agreement with TAG Historical Research & Consulting for Reconnaissance Survey of Historic Properties TASK ORDER FOR RECONNAISSANCE SURVEY OF HISTORIC PROPERTIES—PHASE 2 This TASK ORDER FOR RECONNAISSANCE SURVEY OF HISTORIC PROPERTIES—PHASE 2 ("Task Order") is made this 3rdday of January , 20 23 ("Effective Date"),by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and TAG Historical Research& Consulting, ("Consultant"). (City and Consultant may hereinafter be collectively referred to as "Parties.") WHEREAS, City and Consultant entered into a Master Agreement for Professional Services on June 23, 2020 ("Master Agreement"); WHEREAS, City desires a survey of historical properties along the North Main Street corridor("Project"), for the purpose of determining such properties' eligibility for National Register of Historic Places; WHEREAS, Consultant is qualified to undertake the Project, in accordance with the Statement of Work attached here as Exhibit A ("Statement of Work"); NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Consultant shall complete Phase 2 of the Project, and all related tasks, in accordance with the methodology, timetable, scope, and budget set forth in the Statement of Work. Further, Consultant shall timely provide to City all Phase 2 deliverables as set forth in the Statement of Work. Specifically, Consultant shall complete Phase 2 survey fieldwork, research, data collection, photography, and survey report, provide monthly reports to the Arts & Culture Coordinator,provide an update to the Meridian Historic Preservation Commission ("MHPC") at at least two of their regular meetings (dates to be determined in cooperation with the Arts & Culture Coordinator), and provide final survey report to the Arts & Culture Coordinator. Consultant shall complete all work and provide all deliverables as set forth in this Task Order by September 15, 2023. II. COMPENSATION. A. Total amount. The total payment to Consultant for all deliverables and related services provided under this Task Order shall be five thousand dollars ($5,000.00). B. Payment schedule. Consultant shall be paid pursuant to the following benchmarks: 1. Initial monthly report: $2,500.00 shall be paid to Consultant within thirty (30) days of Consultant's first monthly report to the Arts & Culture Coordinator. TASK ORDER FOR RECONNAISSANCE SURVEY OF HISTORIC PROPERTIES-PHASE 1 PAGE 1 2. Final Survey Report: $2,500.00 shall be paid to Consultant within thirty(30) days of the Arts & Culture Coordinator's timely receipt of the final survey report, which shall incorporate: findings from Phase 1; photographs,photo logs, maps, and other information collected in the course of Consultant's fieldwork and research; all edits and comments received from MHPC and the State Historic Preservation Officer ("SHPO"); digital files of the survey report; all site forms,photographs, maps and attachments; and information for the Idaho Historic Sites Database for submission to SHPO according to current SHPO requirements. III. TIME OF PERFORMANCE. A. Timeline. Consultant shall complete services and provide deliverables to City by 5:00 p.m. on September 15, 2023. B. Time of the essence. The Parties acknowledge that services provided under this Task Order shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Task Order, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Task Order by the party so failing to perform. IV. CREATION,INTEGRITY,AND OWNERSHIP. A. Waiver and relinquishment of rights. Consultant shall, and hereby does, expressly waive any and all right, title, or interest in the deliverables related to the Project. Consultant understands that this waiver shall include waivers of the rights of reproduction, adaptation,publication, and display, except as otherwise permitted by written agreement of the Parties. Consultant agrees to relinquish any and all rights, title, and interest in the Deliverables developed in connection with this Task Order, and hereby expressly waives any rights Consultant has or may have to the Deliverables or Project, including, but not limited to, the rights afforded Consultants under the Copyright Act of 1976. B. Exclusivity. Consultant warrants and represents that the deliverables produced pursuant to this Task Order have never heretofore been designed, created, published, or copied and that Consultant is the sole creator and owner of all rights in the deliverables. Upon Consultant's delivery of the deliverables, the deliverables shall be owned by City. C. No copyright. Consultant shall not make any claim to the copyright of the Project or related deliverables. D. Subcontracting or assignment of obligations. Consultant shall not subcontract or assign any of Consultant's obligations under this Task Order without City's prior written approval. Any and all subcontractors or assignees shall be bound by all the terms and conditions of this Task Order. TASK ORDER FOR RECONNAISSANCE SURVEY OF HISTORIC PROPERTIES-PHASE I PAGE 2 E. Non-waiver of breach. A waiver of any breach or default of any provision of this Task Order shall not be construed as a waiver of a breach of the same or any other provision hereof. V. GENERAL PROVISIONS. A. Task Order governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Task Order. Venue shall be in the courts of Ada County,Idaho. B. Successors and Assigns. All of the terms,provisions, covenants and conditions of this Task Order shall inure to the benefit of,and shall be binding upon, each party and their successors,assigns, legal representatives,heirs, executors, and administrators. C. Master Agreement applies. All provisions of the Master Agreement are incorporated by reference and made a part of hereof as if set forth in their entirety herein. D. Exhibits. All exhibits to this Task Order are incorporated by reference and made a part of hereof as if set forth in their entirety herein. To the extent that there is any conflict between this Task Order and the exhibits,this Task Order shall govern. E. City Council approval required. The validity of this Task Order shall be expressly conditioned upon City Council action approving the Task Order. Execution of this Task Order by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Task Order on the Effective Date first written above. CONSULTANT: —wov/� Elizabeth Jaco Secretary/Historian,TAG Historical Research&Consulting CITY OF MERIDIAN: BY: Attest: Robert Simison,Mayor 1-3-2023 Chris Johnson, City Clerk 1-3-2023 TASK ORDER FOR RECONNAISSANCE SURVEY OF HISTORIC PROPERTIES-PHASE I PAGE 3 EXHIBIT A CONSULTANT'S STATEMENT OF WORK TASK ORDER FOR RECONNAISSANCE SURVEY OF HISTORIC PROPERTIES-PHASE I PAGE 4 mTAG� lis[ooriral IL�•ar;u�l a/b/n of The Arrowrock Group,Inc. Reconnaissance Survey Meridian North Main Street to Cherry/Fairview Avenue In September 2022, TAG Historical Research and Consulting completed the first phase of a two-phase reconnaissance-level survey of selected streets in Meridian. The objective of the survey is to identify eligible or potentially eligible properties for listing in the National Register of Historic Places (NRHP). The following is a Scope of Work for Phase 2. Proposed survey area The survey in its entirety includes approximately 37 city blocks (with approximately 400 properties) located south of Cherry Lane/Fairview, west of E. 4th Street Avenue, north of Broadway Avenue, and east of NW 1st Street. The boundaries for Phase 1 included the area north to south from Carlton Avenue to Broadway Avenue and east to west from E. 2nd Street to NW1st Street. Phase 2 will include those blocks not surveyed in Phase 1. Methodology New properties surveyed will be consistent with Idaho State Historic Preservation Office Idaho Historic Sites Inventory Requirements and Standards for Documentation and database entry will be according to the Idaho Historic Sites Inventory Automated Database Manual. Project Tasks Fieldwork • Conduct fieldwork,which includes photography of each recorded site as well as gathering information to complete the Idaho Historic Sites Inventory (IHSI database) • Minimal research for properties recommended eligible using but not limited to records of the Ada County Assessor and resources available at the Idaho State Archives, local history resources at the Meridian Public Library, and online resources providing access to newspapers and genealogical information and other resources as identified. Report Production • Preparation and/or supervising data entry by Clerical Support and preparation of photo logs, required maps, and other information. • Draft survey report to include findings from Phase 1. • Complete final edits of the report based on review and incorporation of any comments received from the client or SHPO. Deliverables Final products will include digital files of the survey report and all site forms, photographs, maps and attachments as well as the IHSI database for submission to SHPO according to current SHPO requirements. Digital files will be made available via a shared link or on a thumb drive, depending on the client's preference and SHPO requirements. Assumptions • Meridian Historic Preservation Commission will provide TAG with a letter describing the project and verifying TAG as the consultants which TAG will carry during fieldwork. • Notify the Meridian Police Department of the project and provide them with a fieldwork schedule. If possible, we ask that police officers include the survey area in their daily patrol during scheduled fieldwork days. • TAG will provide a monthly progress report to the Meridian HPC staff liaison. Budget Estimate The budget for this project is $5,000.00, including fieldwork, research, data entry preparation of photo logs, maps, and survey reports. Estimated Timetable January 2023 Phase 2 pre-field research and data collection. January-April 30, 2023 Conduct fieldwork, photography, and survey. May 1, 2023 -July 1, 2023 Phase 2 Inventory forms completed and submitted to HPC and SHPO for review. 30 days allowed for review and comment. September 8, 2023 Phase 1 survey report updated with additional information from Phase II. Project Team Personnel and Qualifications The project team includes Barbara Perry Bauer and Elizabeth Jacox. Clerical support and data entry will be provided by TAG office assistant Ellen Jacox. Our team is equipped with the necessary equipment (digital cameras, computers, scanners, and printers) to successfully produce documents to the standards set by SHPO and the NPS.We are experienced at all levels of historic surveys. Scope of Work TAG Historical Research&Consulting Reconnaissance Survey of North Main Street Meridian Phase 2 December 27,2022 We are familiar with the SHPO and NPS standards and since 1993 have provided documentation that meets or exceeds these standards. This proposal and the attached budget estimate will remain valid for 45 days from the date of submission. December 27, 2022 Elizabeth Jacox, B.A. Date Secretary/Historian TAG Historical Research &Consulting a/b/n of The Arrowrock Group, Inc. P.O. Box 7333 Boise, Idaho 83707 208-338-1014 ejacox@taghistory.com Equal Employment Opportunity Policy Statement TAG Historical Research & Consulting (a/b/n of The Arrowrock Group, Inc) is committed to equal employment opportunity to all qualified persons without regard to race, color, creed, religion, age, gender,national origin, ancestry, marital status,disability or any other protected status. We are committed to this policy by the laws of our country and by our own value system. Our policy of Equal Employment Opportunity applies to all aspects of employment at TAG Historical Research & Consulting,including hiring,compensation,promotion,transfer,training and disciplinary action. It is also our policy to conduct all business without regard to age,race,color,religion,gender or national origin. Scope of Work TAG Historical Research&Consulting Reconnaissance Survey of North Main Street Meridian Phase 2 December 27,2022 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Resolution No. 23-2362: A Resolution of the City Council of the City of Meridian, Idaho, Setting Forth Certain Findings and Purposes to Declare Surplus Property and Authorizing the Donation of Certain Computer and Equipment to Computers for Kids E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Resolution 22-2363: A Resolution Designating the Certifying Officer for Environmental Reviews Related to Community Development Block Grant Projects CITY OF MERIDIAN RESOLUTION NO. 22-2363 BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, PERREAULT,AND STRADER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, DESIGNATING A CERTIFYING OFFICER FOR ENVIRONMENTAL REVIEWS RELATED TO COMMUNITY DEVELOPMENT BLOCK GRANT PROJECTS. WHEREAS, pursuant to the regulations of the United States Department of Housing and Urban Development ("HUD") at, the City of Meridian receives Community Development Block Grant("CDBG") funds and is therefore considered a"responsible entity" as that term is defined in 24 C.F.R. § 58.2(a)(7)(i); and WHEREAS, responsible entities must assume responsibility for compliance with environmental regulations as they apply to CDBG projects; and WHEREAS, responsible entities may designate a Certifying Officer to assume the responsibilities set forth in 24 C.F.R. § 58.13; and WHEREAS, the City Council finds it in the best interest of the City of Meridian to designate the Economic Development Administrator as Certifying Officer for the City of Meridian; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the Economic Development Administrator is hereby designated as the City of Meridian's Certifying Officer for CDBG related environmental reviews. Section 2. That this designation shall be effective retroactively to September 7, 2022. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of City of Meridian, Idaho this 3rd day of January, 2023. APPROVED by the Mayor of the City of Meridian, Idaho, this 3rd day of January, 2023. APPROVED: ATTEST: By: Mayor Robert E. Simison Chris Johnson, City Clerk RESOLUTION DESIGNATING CERTIFYING OFFICER—Page I OF I Mayor Robert E. Simison v R,IZD I A N� City Council Members: Treg Bernt Brad Hoaglun Joe Borton Jessica Perreault A H O Luke Cavener Liz Strader December 20, 2022 MEMORANDUM FOR RECORD FROM: Crystal Campbell, Community Development Program Coordinator TO: Mayor and City Council RE: Resolution to Designate Certifying Officer for CDBG Environmental Review Records As a responsible entity(RE)for Meridian's CDBG funds, the City must complete the environmental review process for all projects receiving funding. The RE is responsible for ensuring compliance with NEPA and that Federal laws and authorities have been achieved,for issuing the public notification,for submitting the request for release of funds and certification,when required, and for ensuring the Environmental Review Record (ERR) is complete. The CDBG administrator has been designated as the Environmental Officer for all CDBG-related ERR's. The Environmental Officer is responsible for conducting environmental reviews, including such tasks as: writing the project narrative, obtaining maps of the project area, soliciting comments from appropriate local, state and federal agencies, and facilitating responses to comments received on the environmental findings. The City is required to designate a Certifying Officer to sign off on all ERR's. In the past,the City has designated the supervisor of the person administering the CDBG program as the Certifying Officer via an internal memo. However, HUD has set protocols that the Certifying Officer must be "designated by formal resolution of the governing body". The attached resolution designates the Economic Development Administrator as the Certifying Officer. The resolution is set to be effective retroactively to September 7, 2022,which is when the Mayor signed the internal memo to designate Daniel Torres as the Certifying Officer. E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Resolution 23-2364: A Resolution Approving Adoption of a Substantial Amendment to the Community Development Block Grant 2017-2021 Consolidated Plan and the Program Year 2019 Annual Action Plan CITY OF MERIDIAN RESOLUTION NO. 23-2364 BY THE CITY COUNCIL: BORTON, CAVENER,HOAGLUN, PERREAULT,AND STRADER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPROVING ADOPTION OF A SUBSTANTIAL AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT 2017-2021 CONSOLIDATED PLAN AND THE ANNUAL ACTION PLAN FOR PROGRAM YEAR 2019; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST THE SAME ON BEHALF OF THE CITY OF MERIDIAN; AUTHORIZING THE COMMUNITY DEVELOPMENT PROGRAM COORDINATOR TO SUBMIT THE SAME TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,pursuant to the regulations of the United States Department of Housing and Urban Development("HUD") and the City of Meridian's Citizen Participation Plan, it is necessary to complete and submit to HUD a substantial amendment of a Consolidated Plan or Annual Action Plan for a city's Community Development Block Grant("CDBG")program when a change in a city's allocation plan redirects more than 20 percent of annual funding to a different activity; or when the City intends to carry out a project that was not previously described in a Consolidated Plan or Annual Action Plan; and; WHEREAS, the City held a public hearing on the attached substantial amendment to the Consolidated Plan for Program Years 2017 to 2021 and the Annual Action Plan for Program Year 2019 ("PY19") on November 22, 2022, and held a public comment period on the draft amended Consolidated Plan and Annual Action Plan from November 15, 2022 to December 16, 2022; NOW, THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN,IDAHO: Section 1. That the amended 2017-2021 Consolidated Plan and PY19 Action Plan, as attached hereto, be, and the same hereby is, adopted as to both form and content. Section 2. That the Mayor and the City Clerk be, and they hereby are, authorized to respectively execute and attest the certifying documents for the amended 2017-2021 Consolidated Plan and PY19 Action Plan. Section 3. That the Community Development Program Coordinator is hereby directed to submit the amended 2017-2021 Consolidated Plan and PY19 Action Plan to HUD. Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of City of Meridian, Idaho this 3rd day of January, 2023. APPROVED by the Mayor of the City of Meridian, Idaho,this 3rd day of January, 2023. APPROVED: ATTEST: By: Mayor Robert E. Simison Chris Johnson, City Clerk RESOLUTION ADOPTING CDBG DOCUMENTS—Page 1 SUMMARY OF 2017-2021 CON PLAN/PY19 AP AMENDMENT The City received$542,303 under the CARES Act for Meridian's CDBG Program. These funds are currently allocated to only public service and administrative activities. The City proposes to submit an amended 2017-2021 Consolidated Plan (Con Plan) and PY19 AP to allow a portion of these funds to be used to assist with land acquisition for the Wood Rose Apartments,which will be located at 1160 W. Ustick Road. Following direction from HUD, all CDBG CARES Act activities fall within the Program Year 2019 Action Plan (PY19 AP),so amendments must be made to this and associated documents. Below are the proposed adjustments. Link to full document located at:https.Ilmeridiancity.orglmedial4tklidaflconplan-amend-3-draft.pdf SP-25 PRIORITY NEED • Associated priority need of Improved Housing Options and Supportive Services with goal of Enhance Housing Opportunities. SP-45 GOALS SUMMARY • Changed the goal to Enhance Housing Opportunities instead of Enhance Homeowner Opportunities to include rental activities. • Associated the priority need of Improved Housing Options and Supportive Services with goal of Enhance Housing Opportunities. • Added a goal outcome indicator of Public Facility or Infrastructure Activities for Low/Moderate Income Housing Benefit for 25 households assisted. • Updated the description to say, "Provide housing opportunities through homebuyer assistance, homeowner repair,and working with developers to provide affordable rental housing." Link to full document located at:https: meridiancity.orq media ws2h2sfu cv-so-amendment-3-draft.pdf AP-05 EXECUTIVE SUMMARY • Included information on the public participation process. AP-15 EXPECTED RESOURCES • Updated the activities that CDBG-CV would be used for to include"acquisition of property to build affordable housing". AP-20 ANNUAL GOALS AND OBJECTIVES • Added funding to the goal to Enhance Housing Opportunities. • Added a goal outcome indicator of Public Facility or Infrastructure Activities for Low/Moderate Income Housing Benefit for 25 households assisted. • Reduced CDBG-CV Admin to reflect the actual costs. • Reduced the amount of funds to be used for CDBG-CV Public Services. • Updated the goal description to include acquisition of land to build affordable housing. AP-35 PROJECTS • Added project#11: CV-Housing Affordability. • Updated obstacles to reflect that there are no anticipated obstacles for this project. AP-38 PROJECT SUMMARY • Added details about project#11:CV-Housing Affordability. AP-55 AFFORDABLE HOUSING • Updated with information about this project. ATTACHMENTS WILL INCLUDE: • Evidence of public notice • Resolution E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: City of Meridian Financial Report - November 2022 City of Meridian Monthly Financial Report FY2023 November 2022 Table of Contents Report Name Page Number Investment Graphs 2 Fund Balance 3 rrrr ISO son- r ir � E DIA y F:\Reporting\Monthly Reports\FY2023\FY23 - 2 Nov Council Report 1 of 3 Monthly Financial Report C.�VL E IDIAN�- FY2023 November 2022 1 D A H O City of Meridian Investment Portfolio Yield by Investment Type I IDAHO STATE 2.82% POOL IDAHO BOND 2.67% FUND CASH 0.00% FIB 2.61% .FIB MoneyMarket$1,661,912 .Cash$19,552,752 MONEYMARKET .Idaho Bond Fund$72,697,775 .Idaho State Pool$126,611,958 City of Meridian Interest/Investment Income City of Meridian Cash/Investments Balance by Major Fund by Major Fund $600,000 $120,000,000 $500,000 $100,000,000 $400,000 $80,000,000 $300,000 $60,000,000 $200,000 $40,000,000 $100,000 $20,000,000 $0 General Enterprise $ General Fund Enterprise Fund ■Total Budget ■Actual YTD IN FY23 ■FY22 F:\Reporting\Monthly Reports\FY2023\FY23-2 Nov Council Report 2 of 3 Monthly Financial Report FY2023 E IDIAN*,- November 2022 IDAHO GENERAL FUND BALANCE ALLOCATIONS $120,000,000 $100,000,000 $80,000,000 $60,000,000 $40,000,000 $20,000,000 Miff $ 9/30/2015 9/30/2016 9/30/2017 9/30/2018 9/30/2019 9/30/2020 9/30/2021 ■Nonspendable ■Restricted ■Committed ■Assigned ■Assigned Reserves ■Unassigned ENTERPRISE FUND BALANCE ALLOCATIONS $90,000,000 $80,000,000 $70,000,000 $60,000,000 $50,000,000 $40,000,000 $30,000,000 --- $20,000,000 .. .................... _. $10,000,000 ... _ ........._....... .._.............. $ 9/30/2015 9/30/2016 9/30/2017 9/30/2018 9/30/2019 9/30/2020 9/30/2021 ■Assigned ■Unassigned ■Assigged Reserves F:\Reporting\Monthly Reports\FY2023\FY23-2 Nov Council Report 3 of 3 E IDIAN:--- .�E►ri u AGENDA ITEM ITEM TOPIC: Public Works: Water and Sewer Line Private Insurance Program C� fIEN DLAN HO MEMO TO CITY COUNCIL Request to Include Topic on the City Council Workshop Agenda From: Laurelei McVey, Public Works Meeting Date: January 3, 2023 Presenter: Laurelei McVey, Public Works Estimated Time: 20 minutes Topic: Discussion on Implementing a Citywide Marketing Campaign for Private Insurance on Water/Sewer Lines Recommended Council Action: No official action is required. However, Public Works is seeking Council guidance on the desire to implement a marketing agreement between the City of Meridian and a private insurance company for outreach related to private water/sewer line insurance coverage. Background: Many City residents may not be aware that they are solely responsible for all maintenance and repair of their water and sewer lines from the property line through their yards and into their homes. While these service lines are generally robust and have long life spans, repairs can be an unexpected and expensive burden to homeowners. Currently,the City does not provide outreach, information, or endorse any insurance partnerships to residents on this topic. Several neighboring cities (Nampa and Boise/Veolia) currently participate in citywide marketing partnerships with a private insurance provider (Service Line Warranties of America (SLWA)). Potential Options for Discussion: • Status Quo o The responsibility for private water and sewer line maintenance and repair is solely the responsibility of the homeowners. The City would continue to not take on the role of educating citizens about various private insurance products available. o Lowest effort/cost to City, lowest impact • Internal City Marketing Campaign o Utilize internal City communications resources to develop educational outreach materials (social media, billing inserts,website) about water/service line responsibilities and ways for citizens to obtain private insurance. o Highest effort/cost to City, medium impact • Partner with a Private Insurance Provider to Conduct Citywide Market Campaign o Conduct a solicitation to select a private insurance company to partner with on a citywide marketing campaign. The outreach, insurance program, and insurance claims are the responsibility of the private insurance company. o The City reviews marketing materials and agrees to use of the City logo on marketing materials. o The City would not incur costs through the partnership. o Low effort/cost to City, high impact Additional Information on Potential Marketing Program Implementation: The foundation of the sewer/water line insurance marketing partnership with cities is that the partnership lends credibility to the insurance agency as they conduct mailing campaigns to citizens and generally leads to a higher open-rate of materials that are sent out. Through a marketing agreement, the City provides and agrees to allow the use of the City seal/logo, City return address, and name/title/signature of a City official. Once the partnership begins,the City would conduct a press release which announces the partnership and provides basic information about the program and the company. The intention of the letter is not only to inform, but to help minimize the number of calls the City would receive from citizens regarding the legitimacy of the program. The mailing campaigns to citizens would generally occur in the spring and fall. The material would educate homeowners about their responsibility for water and sewer lines on their property. The table below provides an example of the types of coverage plans that could be offered. Exterior Water Service Exterior Sewer Line Interior Plumbing& Line Warranty Warranty Drainage Warranty Summary Locate,excavate,and Locate,excavate,and Repair/replace a leaking repair/replace a leaking repair/replace a leaking interior plumbing or drainage exterior water service line. exterior sewer service line. line Repairs included, Leaks,breaks,corrosion, Leaks,breaks,corrosion, Fix leaking interior plumbing but not limited to blockages,root intrusion, blockages (fats,oils,grease), or drainage line. Includes other types of damage that root intrusion,other types of clogged toilets. impair or limit intended damage that impair or limit function. intended function. Amount covered Up to$8,500per incident. Up to$8,500 per incident. Up to$3,000 per incident. Landscape Covered up to$1,000 per Covered up to$1,000 per NA restoration incident. incident. Monthly Rate $5.25 $7.25 $9.49 -Yearly Rate $63.00 $87.00 $113.88 Not covered Damage from accidents,negligence,or otherwise caused by homeowner,others,or unusual circumstances. The City could also choose to add a service policy fee which is then collected and given to the City as a royalty. These funds are usually then set aside by the City for a specific community- improvement project, City infrastructure replacement program, or a low-income utility payment assistance program, for example. Repair work would be completed as part of a participant's claim is conducted by local contractors. Contractors would be vetted through private insurance company. Customers would file a claim by calling the private insurance company directly. Once repairs occur,the homeowner signs off and the contractor would be paid directly by the private insurance company. Considerations: What are positive outcomes that could come from the marketing partnership? • All City homeowners are educated regarding their service line responsibilities. • The program presents a solution to citizens who are interested. • No costs to the City. • Minimal effort from City staff would be required. What are negative outcomes that could come from the marketing12artnership? • Calls to City staff may increase as citizens receive material. • Citizens may be frustrated by increased solicitations. • Citizens may misunderstand that the program is voluntary. • The City may not want to appear to be endorsing a private insurance product. Do citizens need this service? • Much of Meridian's service lines are relatively new due to the recent growth. The City does not yet face many of the same challenges of aging infrastructure that many cities are experiencing now. • However, there are still households in Meridian that do have aging infrastructure and may have a greater risk of line breaks. Public Works Recommendation: Public Works would recommend that the City conduct a competitive solicitation to determine applicable private insurance companies that are interested and capable of providing this service. Public Works recommends that the City approve a three-year non-royalty marketing agreement with the selected insurance provider and gauge the community's desire and response to product offerings. The marketing agreement would be revisited at the end of the three-year period to determine if this partnership holds ongoing value to the City and residents. Questions related to this topic should be directed to Laurelei McVey, Public Works, lmcvey0meridiancity.org, 208-985-1259. Water/Sewer Service Line Responsibility and Marketing Campaign D iscussion PUBLIC WORKS 1 /3/23 i PROPERTY 4cl:co I Water I ine I Sewer line I HOMEOWNER I I RESPONSIBILITYCITY UTILITY lRESPONSIBILITY ► I What cause dama ge to Tthe homeowners side of lines ? Improper Use (FOG & " Flushable" Products) Excavation Damage x- - Tree Roots & Vegetation Freezing . Age .. Material Potential Homeowner Risks Costs to repair/replace can sometimes be $2K-$ l OK Most standard homeowner' s insurance policies may not cover these repairs Is this an issue in Meridian? Most of Meridian's water and sewer pipes (including homeowners service lines) are new, made of PVC, will last a long time 90% of pipe is less than 30 years old At least 92% of pipe is known to be PVC PVC if properly maintained has a lifespan of -100 years Options Investigated � status Quo ► City Led Education Campaign ► Marketing Campaign in Partnership with Private Insurance Vendor ► City Provided Insurance (legally not an option)- not considered further eos� eYa� � risk uo City Water/Sewer InfrastructStatusure Over 50 Years Old Lowest cost and effort for I o � C I t\Y/ P!CHERRY LN E FAfRVkEW AVE s w } O rc {7 H N l] J ❑ ` Relatively low risk to Imo-_ ❑ community Vd PINE. AVF T E PINE AVE Meridian Failure of lines may be a significant, costly event for L customers, if they do occur �5 - E FRANKLIN RQ u� z v 5 irk kirk City Le Education am ain Utilize City Communications Team Develop an educational outreach campaign on service line responsibilities and private homeowner insurance opportunities Bill inserts Social media PROPERTY LINE City website o �. ► Relatively low cost to City ► Moderate effort from City staff HOMEOWNER CITY UTILITY RESPON5181LITY RESPONSIBILITY ► Moderate impact Partner W PrivateInsurance Vendor RFQ/RFP- Exclusive Marketing Campaign Cost to City is zero Effort from City is minimal Moderate to high impact Agree to joint marketing material Agree to use of City logo Provide City mailing list (not required) Example: Homeserve Note: the City is not currently endorsing Homeserve, but is using this service provider as an illustrative example only Example : Homeserve Only Service Line Program endorsed by the National League of Cities and the Association of Idaho Cities 1000+ municipalities/utilities nationwide Idaho partners: Victor, Gooding, Veolia (Boise), Nampa No cost to municipality & no public funds used NLC Service Line Homeserve is responsible for: Marketing, billing, claims, customer service, contractors Warranty Program Optional revenue share for municipality by `� Homeserve i i CA 1SSE E Warrarrties Service Line • • • • • ' ' • � ��. : ill i�llk3lael 0 1. J An important message from the City of Bisbee It's important to protect your finances from the unexpected expense and inconvenience of emergency repairs. PRSRTSTD OSTAGE That's why the City of Bisbee has approved Service Line Warranties NEE u_s_PAID Service Line rao of America{SLWA�—a premier provider of home emergency repair cG p� C �pl'; -` ` Warranties MAILED FROM programs to homeowners nationwide—to offer Exterior Water lti ��^I�w�w�� ZIP CODE a3s10 Service Line Coverage and Exterior SewertSeptic Line Coverage PERMIT NO 150 to Bisbee homeowners- Many homeowners are not aware that they are responsible for certain systems-,for example,many Americans don't know that they are responsible to pay for repairs to water service and sewer/septic lines on private property.Many homeowners are not prepared to handle the high costs of unexpected water service or sewer/septic ______________________________________ line breakdowns.Plans from SLWA give homeowners financial relief from the cost of covered repairs due to breakdowns of major systems inside and outside their homes.An optional plan from SLWA can help protect Bisbee homeowners from potentially expensive repair costs. The enclosed information is provided to help you understand how a plan from SLWA—an independent company---can help protect your finances,and decide whether it's right for you. 0 Call SLWA toll-free at1-844-257-8795 for more information,tosign Fo `-------------------------------------- - up for coverage,or to opt out of any future SLWA mailings.Please visit www.slwofa.com for frequently asked questions and links to additional information. The City of Bisbee NLC Service Line Service Products Example Warranty Program by - • No annual or lifetime limits, deductibles, service fees, forms or paperwork • Homeowner opt in or out at any time - no pre-inspection (30 day wait) • Repairs made only by licensed, vetted, local area contractors Product Annual Service Calls/Per Call Coverage External Water Line Unlimited Calls $8,500 Per Call External Sewer Line Unlimited Calls $8,500 Per Call In-Home Plumbing Unlimited Calls $3,000 Per Call rNLC Service Line rranty Program by f* H m ry Cost to Customer Cost to Customer (Royalty Plan- 10%) External water service line plan $5.25/month $5.75/month External sewer/septic line plan $7.25/month $7.75/month Interior plumbing and drainage plan $9.49/month $9.99/month Total Monthly Cost $5.25-$22/month $5.75-$23.50/month Total Annual Cost $63-$264/year $69-$282/year Partner W PrivateInsurance Vendor Pros Cons ► No direct cost to the City Can be confusion over marketing material ► Minimal effort from City Is it spam? Citywide education provided Is it sponsored by the City? Services provided to customers Is it required? who want it Relatively low risk of line breakage occurrence ► Customers deal with vendor in Meridian because of new infrastructure/new directly for repairs and payments homes Quest*ions Preferred option? Investigate partnering with a service line insurance provider for aCity-wide outreach campaign through a competitive solicitation OR Complete an internal City led outreach campaign PROPERTY LINE aikOR �. Wcftf line Maintain status quo NOMEOWNER CITY UTILITY RESPONSIBILITY RESPONSIBILITY