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Home My WebLink About2023-05-23 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, May 23, 2023 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Joe Borton Councilwoman Liz Strader Councilman Brad Hoaglun Councilman John Overton Councilwoman Jessica Perreault Councilman Luke Cavener Mayor Robert E. Simison ADOPTION OF AGENDA Adopted as Amended (Update to Executive Session) CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilwoman Perreault. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener 1. Approve Minutes of the May 2, 2023 City Council Work Session 2. Approve Minutes of the May 9, 2023 City Council Work Session 3. Approve Minutes of the May 9, 2023 City Council Regular Meeting 4. Bridge Apartments Sanitary Sewer and Water Main Easement No. 1 ESMT-2023- 0072 5. 2701 Kum & Go Water Main Easement (ESMT-2023-0078) 6. Slim Chickens Water Main Easement ESMT-2023-0068 7. Temporary Construction Easement with ACHD for Construction of Fivemile Pathway/Ninemile Crossing Project (Segment D) 8. TM Center Subdivision No. 1 Cafe Zupas Water Main Easement No. 1 ESMT-2023- 0076 9. S. Wayfinder Avenue Extension Sanitary Sewer Easement No. 1 ESMT-2023-0070 10. S. Wayfinder Avenue Extension Water Main Easement No. 1 ESMT-2023-0069 11. Findings of Fact, Conclusions of Law for King's Congregation Church (H-2023- 0013) by Glancey Rockwell & Associates, located at 1150 E. Pienza St. 12. Findings of Fact, Conclusions of Law for Modern Craftsman Franklin (H-2022- 0079) by Horrocks Engineers, Inc., located at 4540, 4490 & 4420 W. Franklin Rd., approximately 1/4 mile east of the northeast corner of W. Franklin Rd. and N. Black Cat Rd. 13. Approval of Task Order 1181.e to Stantec Consulting Services, Inc. for the Tertiary Filtration Upgrade – Final Design for the Not-To-Exceed amount of $2,256,927.00 14. Acceptance Agreement Between Capitol Contemporary Gallery and the City of Meridian for Display of Artwork in Initial Point Gallery at Meridian City Hall 15. Agreement between City of Meridian and The Housing Company for use of American Rescue Plan Act Funds 16. Approval of AIA A133 Agreement with Kreizenbeck Constructors, LLC. for CMGC Pre-Construction Services - Meridian Community Center, for the Not-To-Exceed Amount of $50,000.00. 17. Agreement with Western States Equipment Company to sponsor the Mini Heavy Equipment Rodeo on June 7, 2023. 18. Quitclaim Deed from City of Meridian to City of Meridian 19. Quitclaim Deed from City of Meridian to PS Mountain West, LLC, doing business as Public Storage 20. Quitclaim Deed from PS Mountain West, LLC, doing business as Public Storage, to City of Meridian 21. Access Easement Agreement conveying easement from PS Mountain West, LLC, doing business as Public Storage, to City of Meridian for Use of Access Road Following Property Boundary Adjustment 22. Resolution No. 23-2389: A Resolution of the Mayor and the City Council of the City of Meridian, Reappointing David Ballard to Seat 1, Walter Steed to Seat 2, and Zach Shoemaker to Seat 3 of the Meridian Transportation Commission; and Providing an Effective Date 23. Resolution No. 23-2390: A Resolution Accepting Student Artwork for Traffic Box Art Installation; and Providing an Effective Date 24. City of Meridian Financial Report - April 2023 ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 25. Employee Health Benefits Trust Update 26. Community Development: Proposed Amendment to Meridian City Code Sections 8- 2-3, 8-2-7(E), 8-2-8, and 8-2-11(A)(2) Regarding Addressing and Variance Findings 27. Parks and Recreation Department: Pathways Map Update EXECUTIVE SESSION 28. Per Idaho Code 74-206 (1)(j) To consider labor contract matters authorized under section 74-206A (1)(a) and (b), Idaho Code Motion to enter executive session made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilman Borton, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener In to session: 5:41 PM Out of session: 6:08 PM *Executive Session amended to include Idaho Code Section 74-206(1)(i) To engage in communications with a representative of the public agency’s risk manager or insurance provider to discuss the adjustment of a pending claim or prevention of a claim imminently likely to be filed * ADJOURNMENT 6:08 PM Meridian City Council Work Session May 23, 2023. A Meeting of the Meridian City Council was called to order at 4.32 p.m. Tuesday, May 23, 2023, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Brad Hoaglun, Luke Cavener, Jessica Perreault, Liz Strader and John Overton. Also present: Chris Johnson, Bill Nary, Bruce Feckleton, Mercedes Amador, Kelly Johnston, Emily Kane, Kim Warren, Scott Colaianni, Jordan Reese and Dean Willis. ROLL-CALL ATTENDANCE _X_ Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_ John Overton _X_ Jessica Perreault _X_Luke Cavener X Mayor Robert E. Simison Simison: Council, we will go ahead and call the meeting to order. For the record it is May 23rd, 2023, at 4.32 p.m. We will begin this afternoon's work session with roll call attendance. ADOPTION OF AGENDA Simison: Next item is the adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: We do want to add another -- we have an Executive Session on our agenda already in place, but we also want to add Executive Session under 74-206(1)(i) from Idaho Code for Executive Session as well and that will be the first item that we will discuss during Executive Session. So, with that, Mr. Mayor, that addition, I move that we approve the agenda as amended. Overton: Second. Simison: Have a motion and a second to adopt the agenda as amended. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted as amended. MOTION CARRIED: ALLAYES. CONSENT AGENDA [Action Item] Meridian City Council Work Session May 23,2023 Page 2 of 25 1. Approve Minutes of the May 2, 2023 City Council Work Session 2. Approve Minutes of the May 9, 2023 City Council Work Session 3. Approve Minutes of the May 9, 2023 City Council Regular Meeting 4. Bridge Apartments Sanitary Sewer and Water Main Easement No. 1 ESMT-2023-0072 5. 2701 Kum & Go Water Main Easement (ESMT-2023-0078) 6. Slim Chickens Water Main Easement ESMT-2023-0068 7. Temporary Construction Easement with ACHD for Construction of Fivemile Pathway/Ninemile Crossing Project (Segment D) 8. TM Center Subdivision No. 1 Cafe Zupas Water Main Easement No. 1 ESMT-2023-0076 9. S. Wayfinder Avenue Extension Sanitary Sewer Easement No. 1 ESMT-2023-0070 10. S. Wayfinder Avenue Extension Water Main Easement No. 1 ESMT- 2023-0069 11. Findings of Fact, Conclusions of Law for King's Congregation Church (H-2023-0013) by Glancey Rockwell & Associates, located at 1150 E. Pienza St. 12. Findings of Fact, Conclusions of Law for Modern Craftsman Franklin (H-2022-0079) by Horrocks Engineers, Inc., located at 4540, 4490 & 4420 W. Franklin Rd., approximately 1/4 mile east of the northeast corner of W. Franklin Rd. and N. Black Cat Rd. 13. Approval of Task Order 1181.e to Stantec Consulting Services, Inc. for the Tertiary Filtration Upgrade — Final Design for the Not-To- Exceed amount of $2,256,927.00 14. Acceptance Agreement Between Capitol Contemporary Gallery and the City of Meridian for Display of Artwork in Initial Point Gallery at Meridian City Hall 15. Agreement between City of Meridian and The Housing Company for use ofAmerican Rescue Plan Act Funds Meridian City Council Work Session May 23,2023 Page 3 of 25 16. Approval of AIA A133 Agreement with Kreizenbeck Constructors, LLC. for CMGC Pre-Construction Services - Meridian Community Center, for the Not-To-Exceed Amount of $50,000.00. 17. Agreement with Western States Equipment Company to sponsor the Mini Heavy Equipment Rodeo on June 7, 2023. 18. Quitclaim Deed from City of Meridian to City of Meridian 19. Quitclaim Deed from City of Meridian to PS Mountain West, LLC, doing business as Public Storage 20. Quitclaim Deed from PS Mountain West, LLC, doing business as Public Storage, to City of Meridian 21. Access Easement Agreement conveying easement from PS Mountain West, LLC, doing business as Public Storage, to City of Meridian for Use of Access Road Following Property Boundary Adjustment 22. Resolution No. 23-2389: A Resolution of the Mayor and the City Council of the City of Meridian, Reappointing David Ballard to Seat 1, Walter Steed to Seat 2, and Zach Shoemaker to Seat 3 of the Meridian Transportation Commission; and Providing an Effective Date 23. Resolution No. 23-2390: A Resolution Accepting Student Artwork for Traffic Box Art Installation; and Providing an Effective Date 24. City of Meridian Financial Report -April 2023 Simison: Next up is the Consent Agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we approve the Consent Agenda as published and for the Mayor to sign and Clerk to attest. Perreault: 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. Meridian City Council Work Session May 23,2023 Page 4 of 25 Simison: And thank you, Mr. Ballard, for being here for your Consent Agenda item. We much appreciate it. ITEMS MOVED FROM THE CONSENT AGENDA[Action Item] Simison: There were no items moved from the Consent Agenda. DEPARTMENT/ COMMISSION REPORTS [Action Item] 25. Employee Health Benefits Trust Update Simison: So, we will go into Department/Commission Reports. First item up is Item 25, which is the Employee Health Benefits Trust update. I will turn this over to Mr. Nary. Nary: Thank, Mr. Mayor, Members of the Council. Thanks for the opportunity to present an update on our health plan trust and kind of our progress we have made over the last few years. With me today -- I'm -- I'm presenting as the trust chair, but the people who really know what we are doing are in the back as usual. We have other members who are trustees -- arrows, right, Chris? There we go. So, our -- our other trustees on our -- our group myself, Alex Freitag from Public Works, Christena Barney from HR, who, unfortunately, couldn't be here today. Eli Daniel from IT. And Justin Northway from the police. Eric Strolberg was one of our original trustees. He retired a few months ago. So, Justin's been being part of our benefits committee and coming to our express meetings for a number of years. So, it's an easy simple transition to Justin taking on Eric's position as a trustee. We also work through other partners. We have the city benefits committee that has members of HR, including Reba White, who is also in the room and probably can answer some particular specific questions you may have if you do on some of the trust workings. We have members of the Finance Department. We have, again, Alex from Public Works. We have Matt Ferronato and Justin from MPD. We have Eli from -- from IT. Renee White from Parks. Vince Koontz from the Mayor's Office and myself. We also work through partners. We have, as you see on the slide, we have -- from the Gallagher firm we have Cindy Tealey and Scott Howell and Tasha Norman and I think Cindy and Scott are here today. They have been great partners for the city. They have helped us tremendously in getting this trust off the ground and getting this approved through the Department of Insurance and maintaining the integrity of the trust, maintaining the necessity and the needs that we are trying to provide to our employees. We also work with Blue Cross of Idaho. We have personnel that we work with directly that come to both our benefits committee meetings, as well as our trust meetings monthly. Delta Dental. We have our contacts with them. And VSP. So, it is a very large group effort to maintain this trust and it has been working quite well. We are very pleased with it and I'm happy to be able to bring this to you today. So, a little bit of timeline for both -- Councilman Overton wasn't here when we started this particular side of it and also for the public's perspective. So, we launched in January of 2020 and there was a lot of work and lift beforehand and I will give the credit to both Renee or, excuse me, of Reba and Christena from HR, because the working through the Department of Insurance -- Department of Insurance doesn't have a lot of public sector trusts like this. Meridian City Council Work Session May 23,2023 Page 5 of 25 They deal with a lot of trusts. Most of them are not public entities. They usually are private trusts that may support a public group, but they may not necessarily be a public entity as the back, you know, of it. So, it's a little different lift for them and a little bit cautious lift for them, because there isn't a lot of them in this state and so there was a lot of work and a lot of misunderstanding and lack of clarity sometimes and Christena and Reba certainly did a lot -- and I will especially give credit to Christena and really trying to manage that to get it off the ground, to get it started, to get it funded properly, to get it approved properly, to get the comfort level with the Department of Insurance that a public entity with trustees made up of employees, with the support of the entity, the municipality, could provide this type of trust arrangement for its employees without us working through a separate company or a separate entity to manage it. So, again, we work with the Department of Insurance for the self funding. So, January of 2020 we launched for the medical and, then, in 2021 we added dental and vision. So, we used a broker and consultants. We have legal counsel. We have our broker. We have consultants. We have legal -- our legal counsel Kevin West. We have an accountant. We have an auditor. We also -- so we have to do actuarials. We have actuarials that we work with to help us make sure we set the rates properly, have the right funding sources properly, have the right reserves in place to fund this program and maintain it and maintain it and -- and for -- for the public, as well as the Council Members and Mayor -- may not recall our basis for doing this was to try to realize savings and those savings, instead of becoming profits for a third party, would be profits that could be retained by the trust and the city and those -- those retained earnings could be used towards advancing the program further, providing greater opportunities or programs for employees and so we have short-term and long-term goals, but I will say the lesson learned, do not start a trust before a worldwide pandemic. If that's an opportunity you can avoid I would suggest you avoid that. That was a huge lesson learned for everyone and to, then, begin as a partially self-funded health trust in the middle of a pandemic, when some things were free, some things we paid for, we didn't know what we were paying for, we didn't know it was free. It was a very very challenging time to begin a program like this. I -- in hindsight I wish we had started it in 2019 or 2018 and we may have weathered through, but we weathered through and we were able with the support of the City Council we were able to carry through, maintain the trust, maintain the confidence with the Department of Insurance and maintain the integrity of that. So, we are continuing -- again, we are continuing implementing, identify plan designs, help reduce claims costs, find better ways for employees to both have better health options and make better health choices. There are a lot of options out there and -- and my word to -- to everyone that I tell when they ask, like what's the better -- what's a good way to know how to save money. If you listen to a commercial and they offer you medicine and offer to help you finance it, it's super expensive. So, just be aware those kind of things are where we are trying to give better information to our -- our -- our customers, our employees to make good choices, to be able to find that. Our goal always is people get the health benefit you need. Get the healthcare you need to take care of you or your dependents. That -- that is the number one objective. We want to make sure people do not shortchange themselves for lots of reasons. One, it's -- that's not the right thing to do. Secondarily, when people do that it generally leads to the worst things and they have worse outcomes, because they delayed maintenance things, they delayed Meridian City Council Work Session May 23,2023 Page 6 of 25 maintenance medications for cost or convenience or something else. So, we are trying to find ways to make sure people are educated and have opportunity and convenience to access healthcare in a way that's best for them. 2020 the Department of Insurance required the trust have 1.3 million dollars in surplus fund for medical coverage. In 2021 currently the department requires the trust to have 1.8 million. So, the intention of that surplus is to make sure that if for some reason the city opted to just completely stop paying claims or stop having the trust -- I apologize. Stop having the trust and go back to a different program, like we have previously had, we have enough funding left in the trust to pay any existing claims that might exist from that point. So, think of it if you stopped at the end of 2023 and said no more trust, we are going to go back to a different format, every claim that existed has to get paid out until it's complete. So, that's part of the reason for reserves. Talk a little bit about some of the ups and downs we have had. So, we ended up 2020 year with a deficit of 90,000. Again part of it was the pandemic, part of it was there was a funding issue that we had to remain compliant and this was really excess funds that they have. So, not funds to provide -- it's -- it's a -- it's another method of cushion that the Department of Insurance wants to have. So, that was one of the funding sources we had to add back in and we came back to the Council and asked for that assistance. We also approved the addition of telehealth, which is actually a very valuable, less expensive option and more convenient option for people and so that was another thing we did to try to bring down some costs. We have a -- a -- we also added a diabetes for -- for diabetic members on the plan. There is no copay option, so that they have some savings to, again, access the healthcare before diabetes could be a serious health condition that could lead to much worse health conditions and if we can catch that early and get people to -- to be mindful of that early, it will be less costly for them later, less costly for the plan. So, 2021 year ended also with a deficit of 445. That sounds like a big number and we will talk a little bit through it. We added the self funding portion for dental and vision that year. We still had an ongoing pandemic. So, we were dealing with some of the issues that were still existing at that time with testing and the availability and the opportunities for vaccines and all of that. Again, we had some high claims here. So, certain types of conditions can be very expensive and even as the best actuarials will be able to tell you, based on the number of people and the demographics of your work group, you should experience this type of large scale claims. When they exceed that, that's where you are going to be pushing against that -- any surplus that you might have. So, that particular year we had three premature babies. NICU babies could be expensive. Those are things we have to -- we can only plan for so many, but we can't always gauge how many we are going to actually have. So, we had that. We had some high cost medications. We had a person with -- I think it was a dependent -- maybe a member that had cancer. Those are very expensive and -- and those are just part of the process of dealing with the health trust for anybody, whether it was us doing it partially or fully funded plan like a Blue Cross. There are going to be anomalies like that that you are going to have to deal with. So, the city was able to help fund the 185,000 to remain in compliance with the DOI and, then, the Board of Trustees approved addition of -- additional choice stocks and cost advisor. These are all, again, tools to help employees make good consumer choices and -- and I will give you an example of -- of what we are talking about. There are certain types of procedures or tests that you may not have a particular concern over who you see. Now, Meridian City Council Work Session May 23,2023 Page 7 of 25 many people have their own personal physician that they see for annual exams, annual checkups, every type of thing, whether it's a family physician, long-term relationship, whatever that is. We are not asking people to change that. That's not what we are talking about. Often you get referred to a person for -- whether it's therapy of some sort or it's MRI or some other test procedure. Well, you may not have any particular concern over who that is, as long as they are competent and qualified you are going to get an MRI. If you are informed that there is an opportunity if you go to an MRI at one location versus another, that you may have zero copay at this one and, you know, a 50 dollar copay at the other one, many would say I will just go over with the zero, because it's easy or it's closer to my house or it's not that important to me and that may also save the plan money, because the plan has to pay a portion of it. So, if -- if they can find a valid consumer choice that works for them that could be cost effective, that's not only cost effective for the employee, but it's cost effective for the plan. So, it's trying to provide, again, information for people to be able to make good choices about their health and health sources, but also be thoughtful of the cost and how much it impacts them and how much it comes out of their pocket. So, those are the kind of things we are trying to help people understand better. You know, we are trying to make employees understand and we try to do it from onboarding as new employees, as well as annual or reviews with -- well, when we sign up for our -- our annual check on our -- our plan for next year on our benefits, is to remind folks about all of these different choices that exist, because it's hard to remember them all. HR is great at being open and ability to have that conversation with employees throughout the year where the questions come up of -- something came up I just learned about, how do I deal with it, we can help them deal with it. So, it really is a -- a very good, you know, employee owned plan is how we try to get people to understand how to think of this. This is -- this is a benefit to you, too, because savings can go towards additional programs or lowering costs or keeping the increases down to a manageable level for everybody. So, that's the goal. You got employees managing a trust with some professional assistance to help keep both the plan in an affordable range, the -- the opportunities and programs in an affordable range and -- and -- and as a variety as much as we can, as well as looking at long term objectives. So, 2022 we ended with a surplus. So, we have a surplus at the end of '22. So, approximately, 191,000 additional costs associated with COVID. So, again, we still had COVID in 2022 to deal with. It's some run out of that. The city was able to fund of the addition needed from Department of Insurance to make sure we stayed within their boundaries and parameters. We completed an independent audit and this was really to make sure that people had been current on who was the dependent that could be on the plan. Sometimes people tend to forget of compliance and making sure we did that. So, we did that check to make sure everybody had the right people on the plan that belonged on the plan, so we weren't funding it for people that technically shouldn't have been on there and simply had gotten neglected to be removed. We removed this addition to the coupon maximizer and a mail-in order prescription copay. Again, another great opportunity for people to use a different method. Some people don't want to go to the pharmacy if they don't have to. If they can get it by mail and it's cheaper, then, it's cheaper for them, it's cheaper for the plan. So, there are other opportunities for people, especially ones that are in long-term maintenance medications, to simply get them through the mail, rather than going to the Meridian City Council Work Session May 23,2023 Page 8 of 25 pharmacy and there can be a significant savings to them and the plan to do that. So, 2023 year to date we have a gain some. We haven't -- don't have a final update. We are waiting for our first quarter audit. But we think we are doing well. I mean the -- the idea, again, is to realize some savings that could be, then, reused and reinvested into the plan for the benefit of both the trust and the employees. So, here is a -- a quick -- a bar chart on contributions paid versus claims paid. So, you can see basically on this chart what's been paid out in claims versus what's been paid out in -- in the premiums to get a better sense of -- so, the contributions paid are the top line there and the bottom line is the contributions claims paid. So, we always want the top line to be longer than the bottom one. So, that ideally is where the realized savings to the plan can be for future uses. So, you could see year over year how we were doing so far. So, far pretty good. So, we have had some fairly small increases in relation to other areas locally. You know, we have a 1.2 in '20, 6.5 in '21, 6.8 in '22, 7.5 in '23 and we don't quite have a -- we anticipated 2.1. It's -- I think that's a very hopeful thought. We anticipate it's going to be higher. We don't anticipate it's going to be significantly higher. I couldn't give you a number today. We are still working. May is the magic month for these numbers. That's the -- that's the time period that the actuarial and the -- and -- and people like Blue Cross can use enough data to determine projecting out a year from now how much the cost of a plan is going to be. So, again, this 2.1 was merely a way to memorialize some number that seemed realistic to start, probably not the number we are going to land on at the end. But we are still waiting for the final numbers from Blue Cross -- final certification of that and all the rest of the work that goes into finalizing that. So, we will have that, obviously, by the budget time as we are proposing that. But we -- we are very encouraged by that, because you -- you can see around the valley -- and if you want us to bring back some comparison around the valley what they are seeing, the numbers are much higher than that and a lot of it is because of the education our employees have on maintaining their health, maintaining their maintenance medications, maintaining their annual checkups, maintaining the things that make it affordable for the plan today and make it reasonable for the employees today and keeping the cost at a reasonable cost to make sure the plan is sustainable. You know, our long term -- I -- I thought about having a slide. I mean our long-term goal -- we have surveyed employees -- has been an objective of having at some point in time a post- employment health program of some sort. Some way to assist employees as they reach that retirement age, that Rule of 90 or Rule of 80 for our police officers, to have some way to have affordable healthcare, because healthcare is the one area out there that we just have seen grow significantly over the last 20 years and I don't anticipate the price is going down. I don't anticipate the cost of that diminishing. But if you can provide some way for employees to find a pathway, it gives them choices, it gives them opportunities to maybe pick another path and, then, have it affordable one and -- and my goal has always been since I've been here was to provide -- to find a way to do that so that employees can choose. I mean I -- I -- I don't want anybody to retire because they feel like they have to. I want employees to retire because they want to, because they feel like it's a good opportunity for them in their life. They are -- they are at an age that they can still enjoy it and not having to continue working, because they can't afford to do anything else and a post-employment health program has always been our number one objective to try to get to. To be honest, I don't think we are far away from Meridian City Council Work Session May 23,2023 Page 9 of 25 being able to bring something realistic to a conversation to say we could do this and here is what it may cost and here is how we could help fund it. So, I don't think we are far away. The short-term goals are the things that we talked about that we have done. The coupon maximizer and the cost savings and -- cost savings and all these different programs to provide employees different alternative means to get care and assistance at ways that could be more convenient to them, could be more affordable for them, could be more usable for them. So, we are going to continue to do that. We want to keep the -- we want to keep the plan as viable and usable for people. You know, as -- as all of you know in your roles, having a good healthy benefits plan is a great retention tool and it's a great attraction tool and having both of those on the table, you know, we are never going to be the greatest of whatever that is out there, but we definitely don't want to be the worst that's out there and we definitely want to be closer to the top or at least closer to the -- above the middle than towards the bottom. It will help us recruit. It will help us retain. That is a good thing overall for everybody and it's good for the employees. So, I don't have any other part of our presentation. If you have questions -- if you have some technical questions certainly the -- the smarter people are sitting in the back and they can answer that for you, but I could probably answer a few. Simison: Thank you, Mr. Nary. Council, any questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Thank you, Mr. Mayor. Bill, exceptional presentation. I -- I appreciate the -- the historical perspective, the employee involvement and most specifically your piece about this being a -- a recruitment tool. I think this -- our benefits -- I can speak as both a Council Member and a former employee, that the benefits are -- are a huge benefit to -- to new and existing employees. So, with that said, maybe a -- a challenge or a charge to the committee is now that we are moving out of a -- at the pandemic, I would really like to see this committee take on what post-retirement healthcare could be for our existing employees and maybe it's for employees that have been with us for a certain amount of years. Certainly this is a benefit we extend to our -- our local fire, but it's not lost on me particularly for our law enforcement officers that they have the opportunity to retire at a little bit of a younger age and, you know, certainly -- we know that all of our employees love working for the city and they enjoy the service to the community, but providing them that flexibility of knowing that their healthcare could be provided for them post-employment with the city is something I think that we need to start looking at. So, I would really encourage you and the trust committee to start exploring what those options are. Maybe not -- obvious certainly not for this year's budget, but potentially maybe for next year or -- or the subsequent year that it's an option for the Council to take on and discuss. Nary: Well, Councilman Cavener, I appreciate those words very much. We are more than starting. This is a standing item on our trust -- or trust meeting every month. This is a standing item with Gallagher that we are working with. We actually have a Meridian City Council Work Session May 23,2023 Page 10 of 25 presentation coming forward -- soon? Soon. I can't remember whether it was next month or the month after. So, we -- we -- we are definitely -- it is in the forefront and I tell you and I tell everybody that brings up that question, that is my number one goal. Is I want to have that -- I -- I -- I hate to make platitudes. I -- I want that to be -- at least maybe not the last thing I do here, but one of the last things I do here. I don't want to leave here without a plan for people, because I want people to have that opportunity and that choice, because I agree with you completely. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you. Thanks, Bill. Appreciate the presentation. I think it would be really compelling -- instead that -- we are -- obviously, we are kind of competing against ourselves; right? We are trying to get those surpluses, as opposed to deficits, but I do think it would be very compelling to try to show our rate increases versus the rest of the market in terms of comparable kind of analysis, because I think that is the benchmark of how we are doing. So, we are competing against ourselves. We are trying to do the best that we can. But I think it's also showing how -- how much are we saving compared to if we had not done this self-funded trust; right? And I think that's the argument that -- that our taxpayers would -- would want to see, too. So, I would appreciate some follow up. Nary: I can -- can answer I guess, Council -- Council Woman Strader. I can answer part of that question. Strader: Sure. Nary: If the question -- if the question being asked by the public is how much have you saved versus if you have just remained in a fully funded program, well, every dollar that is saved was kept as profit by Blue Cross. So, every dollar we retain we would have had none of that. So, the -- but I can give you comparison of numbers of what our increases have been versus the valley or local markets. I think we can probably get that. But that really is the difference. The retention cost of what we have and we have on the plus side and remain on the plus side and one of the things we look at monthly is we look at usage, because that's the key; right? We fully fund a hundred percent -- if you -- if you think of it -- the easiest way for me to explain it to a member of the public is if we fully funded a hundred percent and we only use 90, we have realized ten percent of that as -- as remaining that could be used for the future. So, if the -- but if you go to 110, you've paid out ten percent more than you have collected. So, that's kind of the number you are sort of talking about is how much of that versus that; right? Strader: Mr. Mayor? Simison: Council Woman Strader. Meridian City Council Work Session May 23,2023 Page 11 of 25 Strader: Thank you. Yeah. Because I think we are -- what may confuse people if they were watching this presentation is they are taking a look at the surpluses versus deficits of what your regular -- regulator is requiring you to keep in reserves for unpaid claims and that's not actually the barometer of how successful the program is, because the contributions are almost have -- every year have -- in terms of what people are paying in their rates have exceeded how much we paid in claims; right? So, in -- in -- in effect, like there is a huge savings that -- that is not I think easy for people to conceptualize, even when you add in the possibility of unpaid claims I think there is probably still a huge net positive to the city. So, I guess if there is a better way to show that data, whether it's through just showing, you know, here -- here is how much we think we have saved by just self funding or if it is just saying here -- here are our rates compared to what we think would have happened, you know, if we look at another city. However you want to show it, but -- Nary: I think we can get data like that. I think that -- I think we are able to capture that. I will talk to the smarter people behind me, but I'm pretty sure we can capture that. Strader: Yeah, I wouldn't, you know, kill anybody working late nights on it, but if it's -- if it's at our fingertips and we could show people, I think that that's very compelling information. Nary: I think we can show something at least close to that type of -- of metrics. Strader: Yeah. And I will second the comment also about the post-retirement. I'm interested to explore it and at least have the conversation. I need to understand that better. It's not a topic that I'm super well versed on. Thank you. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you. I appreciate the questions by my fellow Council Members. They were on my list, so thank you for asking those. I wanted to have a -- get a little more understanding about the -- the high cost claims and you had mentioned that this -- that this was higher than the actuaries had estimated. Five high cost claims out of as many employees as we have in this plan doesn't seem high to me. So, I'm trying -- I want to understand more about how that decision is made in terms of preparing for those possible situations and is there any other types of insurances that have been considered to help offset some of that, where those premiums might be less than actually paying out the high cost claims. So, there is insurance specifically for cancer and there is insurance specifically for -- there is -- there is prescription plans. There is -- is there anything like that that's been looked at that actually can tell us whether that cost would be less? And I realize that's a premium for every single employee. Is that less than the cost of -- of us funding these larger claims? Nary: I will ask our -- our -- our partners with Gallagher. Meridian City Council Work Session May 23,2023 Page 12 of 25 Simison: Bill, can you speak into the -- Nary: Oh, I apologize. Maybe I will ask our partner with Gallagher if they could help answer that a little bit on how we got to that, because, again, the actuarial as a -- as a person that basically helps us manage those -- that claim, but -- Scott -- this is Scott Howell with Gallagher. Howell: Hi. So, I think the -- the number of high cost claimants wasn't necessarily more than we would predict. The -- the dollar value of those high cost claims was higher than we would expect. The trust does purchase stop loss Insurance, so that the trust isn't responsible for any claim that exceeds 225,000 dollars in -- in a year and so that -- that covers regardless of what condition we are -- we are looking at. It's -- it's that dollar value that -- that there is protection, so that we are not exposed to, you know, a million dollar claim if -- if that were to happen. Perreault: Mr. Mayor, a follow-up? Simison: Council Woman Perreault. Perreault: Thank you. I appreciate that. That's helpful. Do you believe that the cost of those claims in total were higher because of increases in -- in medical costs because of COVID? Is there a relationship there? Or did it have to do with the actual, you know, event that happened the -- the premature birth. Is -- is it more related to that than it is actually to the increase in -- in costs in the health industry? Howell: Yeah. We had -- we had some overall cost increases, not on those five in particular that -- that Bill brought up that were COVID related and just kind of related to overall increases in healthcare costs. Those five were pretty specific to -- to the event. So, you know, a really sick premature baby that -- that, you know, nobody saw coming, for example. Nary: And I would add -- I mean I think we are seeing a -- a significant increase in the cost of pharmaceuticals over the last five years and I think everybody here can understand that and, like I said, I have never seen -- and maybe it's just the TV shows I watch -- that I have never seen quite so many pharmaceutical commercials as I have in the last five years and every one of those ones, when we see them on our list, we know those are -- they are just expensive and -- and I -- again, I -- as the chair of the trust I don't want any employee to make a choice based on just money. They need to get the right healthcare, but that particular pharmaceutical may not be the only one that can provide that same care. They just don't know it. They just know what they saw on TV or read it in an ad or what a doctor just told them, but, you know, if we can give them the tools and the information to ask the right questions to consider alternatives, that's kind of our objective is to just give people information and opportunity and the -- and the knowledge of what to know to ask and not just assume that commercial must be right, because those people look healthy, so I should take that. That's not a good way to make a choice. Thank you, Scott. Meridian City Council Work Session May 23,2023 Page 13 of 25 Howell: You bet. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Mr. Nary, thank you for your presentation. I echo a lot of what Councilman Cavener said. As a former city employee all I remember was the benefits committee at that time and we had that up and running and the tremendous work that that committee did before this project came forward and now you have this trustee committee. I know losing people like Eric Strolberg to retirement is hard when you have probably had somebody in that position for a long time. Getting someone like Justin Northway to take his place, you have got a very solid person to fit right in and run and I hope there is succession plans with all of the positions in case of retirements or something else that happens. Probably my favorite thing about what you are doing now and what you are looking at in the future is -- we are not just trying to save the city money -- Nary: Yeah. Overton: -- we are doing that, but we are also looking out for what's best for our employees, which is a win-win every way you look at it and I have -- I have always been hopeful of a future post-retirement insurance program and I look forward to seeing that in the future come forward and how that looks and where we can go. Nary: Thank you, Councilman Overton. I would echo that, too. I mean, again, our objective is not -- certainly if we could save the plan money that's a plus to everyone, but I also want to save the employee money, because that saves them out of pocket, their cost to their deductibles, their cost to their bottom line and so that's our objective. It's not just to save the -- the plan, but to save the employee as well. So, I appreciate your words and I appreciate the -- the thoughts behind it, because I know you understand exactly what we are trying to do, you know, and we will hopefully get there sooner than later. All right. Thank you, Council. 26. Community Development: Proposed Amendment to Meridian City Code Sections 8-2-3, 8-2-7(E), 8-2-8, and 8-2-11(A)(2) Regarding Addressing and Variance Findings Simison: Thank you. Next item up is 26, which is a Community Development Proposed Amendments to Meridian City Code Sections 8-2-3, 8-2-7(E), 8-2-8 and 8-2- 11(A)(2) regarding address and variance findings Mr. Freckleton? Oh. Hello. Amador: Good evening, Mr. Mayor, Members of the Council. My name is Mercedes Amador. I am the former address technician and this is Kelly Johnston, the current address technician for the city. First I would kind of like to give you guys a brief overview of what an address technician does for the city. We address -- or we provide addresses to all developments within the city, ensuring that emergency services can Meridian City Council Work Session May 23,2023 Page 14 of 25 efficiently locate the location of the emergency at hand. We ensure that buildings are addressed off the primary access road and that suites are laid out in a way that they are easily located. We also ensure that signage on multi-family buildings and commercial multi-tenant buildings are consistent throughout the city for emergency service personnel. At this time I would like to present our proposed ordinance changes -- or amendment I should say. Let's see. I believe you have a copy of the proposed amendments before you in your agenda. The affected sections of code are as follows: Section 8-2-3 is to add the definition of the term suite. The reason for this is in order to provide consistency in the addressing of suite numbers for multi-tenant buildings. The term -- the term suite needs to be clearly defined in our ordinance. Do you have any questions on that specific section? Okay. The next section is 8-2-7(E) in regards to street numbers and their addressing. In this section we changed the verbiage in order to keep consistency throughout the rest of the chapter. Any questions on this section? Okay. Thank you. On Section 8-2-8 regarding street name signs and posting of the address numbers, the main change here was for alley loaded houses, so that emergency personnel can locate the house from the alley and from the front of the house, just so that they can find it a lot quicker. Any questions on that one? Okay. Section 8-2-11(A)(2) in regards to the variance findings and replacing conflicting ordinances and providing an effective date, this was changed to keep consistency between all variances in our code sections. I'm happy to answer any questions that you may have, but that is -- Simison: Thank you. Council, any questions? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: In regard to the variances on -- so, the numbers that you are -- you are giving the code sections. I'm -- but on the document that was provided to us on the agenda it's under Section 4-2(A), a few times we have heard a request for a variance that was based on the results of actions taken by a previous owner, not the current owner. So, do you feel there is a need to clarify that? Amador: Yeah. I'm going to have to defer this one to Kurt or Emily, if they are online, from our legal team. Sorry. In person. Kane: Hi, Mr. Mayor, Council Woman. I -- so, the question is whether the city -- whether the ordinance should accommodate a prior owner's actions -- or maybe I don't understand the question. Perreault. Mr. Mayor? Simison: Council Woman Perreault. Meridian City Council Work Session May 23,2023 Page 15 of 25 Perreault: So -- so, there is -- some -- some changes to the -- the list of requirements for a variance to be considered and B is struck out. I'm specifically referencing A under 2(A) where it says the need for the requested variance is not the result of actions of the property owner or person, firm or corporation representing the property owner, where you stuck out self created. Okay. Would it not be advisable to add previous property owner in addition to current property owner? So -- so, if we have someone that comes and says please grant me a variance because of something that was done by a prior property owner and I had no control over it and so, therefore, I should -- you know, I should have the opportunity to -- to apply for one. Kane: Mr. Mayor, Council Woman Perreault, that does make sense and we can absolutely do that. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: The variances I just -- I love this topic. We -- it's the same issue every time that we struggle with and it's -- and Jessica hit on the topic that comes up. I'm not sure how to address it with additional language, but nine times out of ten the request that we deal with for a variance is based on the design of the developer and their application and because they have elected to create a design in a certain way that it necessitates a variance for that particular design to go forward and, then, say you have sort of created it; right? Whether it's a setback issue or -- or whatnot, that -- that there really isn't a need for a variance, other than to accommodate what you have created. So, are we looking -- and -- and maybe Emily or planning have comment on that. In that scenario where the request for a variance is -- is solely based upon the design of the application should that be summarily denied by us and is our staff telling them if you design it such a way that a variance is required you can't clear that hurdle. I'm just curious their reaction to that. Kane: Mr. Mayor, Councilman Borton, so this -- I'm struggling to imagine a scenario where that would come up, in part because this is -- of course, just for addressing -- I -- I see your point. So, certainly, we could incorporate that. Borton: And my -- I apologize, Mayor. I'm -- I'm bringing up a variance topic that isn't part of this particular code, because I just wanted to test and make sure that Emily was -- was going to catch my comments Simison: Mr. Nary. Nary: Yeah. Mr. Mayor, Members of the Council, Councilman Borton, I -- I think my experience has been that all of these requests are usually some after the fact change. So, not an initial development of a subdivision, because that design issue would probably have come up during the development process; right? The addressing folks are participants in that and they will probably raise that issue up front of where that may Meridian City Council Work Session May 23,2023 Page 16 of 25 be problematic and we can address that through the development process. This is really a situation where somebody is reorienting the house or reorienting the garage and that's usually been the experience or the circumstance where the street -- we had this happen in Bear Creek a number of years ago where they, then, built an adjacent subdivision with a connecting street and they wanted to give -- instead of it being Grizzly Way or whatever, they wanted it to be some Italian bear name, so they wanted to change it, so they wanted to change the whole street. So, it's usually an after the fact, so it doesn't come up in the -- in the context you are talking about. I -- I haven't seen that. Borton: I'm on the wrong variance. I heard the word and -- and I got all fired up, so noted. I apologize. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: No, that's my fault, Councilman Borton, because I was not of the understanding that this was in a much more narrow context, because we just received the -- we basically received the document with the strikeouts and there really wasn't a whole lot of other context added into the agenda. So, that's -- that's my fault. I didn't mean to lead everybody astray. Hoaglun: Mr. Mayor, just to close the loop on -- on -- Simison: Councilman Hoaglun. Perreault: Was that Colaianni Way that they wanted to name it? Okay. Colaianni: One could hope. Simison: Council, any other questions or direction? Councilman Overton. Overton: Not a concern, but a thank you for the change to 8-2-8 when it concerns alley loaded. That will be a blessing for our first responders, so I appreciate that. Simison: Next steps? Amador: I believe our next steps would be to schedule this to be approved. Simison: Okay. So, we have the minor modification, bring this back at the next opportunity? Okay. All right. Thank you very much. Appreciate it. 27. Parks and Recreation Department: Pathways Map Update Meridian City Council Work Session May 23,2023 Page 17 of 25 Simison: Next item on the list is Item 27, with the Parks and Recreation Department Pathways map update. Welcome back, Kim. Warren: Thank you, Mayor Simison, Members of the Council. I appreciate being here tonight to present an update to our pathways map. It's going to -- we have the presentation -- thanks, Chris. So, this -- this is something we do periodically, these map updates. For a little bit of context I will just update you on our methodology, kind of how we do this. I know some of you are new and -- and, then, I will present some information to you that you can take with you, think about for a while and, then, we will come back and ask for a resolution. I also have a preview of a project that I'm really excited about. So, this isn't a full pathways project update, we are sticking to the map today, but just wanted to let you know about one in particular. Johnson: Kim, try page down. Warren: Okay. So, in terms of planning for pathways here at the city, we do have a master plan that was done some time ago and, obviously, the city has grown a lot since then. So, the GIS map layer functions as our current planning tool. We keep track of updates to that plan on an up going -- on an ongoing basis. Typically we update -- or adopt these new changes every 18 to 24 months. We are a bit overdue. I'm going to blame some of that on me having left the city and returned. So, as we plan -- and this is an excerpt of our GIS internal map. We use that as a tool kind of as we review plans to see which pathways are required. We have a working layer and we have the adopted layer. The working layer is -- it's more current in that we can respond to needs as they emerge in high growth areas. It allows us to draw new pathway connections on the map to kind of keep pace with annexation and development and we also track changes for future adoption, as we are talking about tonight. The adopted layer, which was last updated in 2020 I believe in an online meeting, is -- we are just looking to make that current and to incorporate that into our development code, so that it's -- you know, it's more enforceable, if needed. So, in addition to this overdue -- or this overview I have given you a pathways map, a hard copy, which isn't usually my practice, but I think in this case because it's keyed out to the city, it maybe feels more convenient. If you don't want that hard copy we are happy to -- staff will use it or recycle. So, what we propose is allowing a two week period for review of that map book and contact me with any comments or questions or get those to me somehow and, then, we will return in June. We are thinking a two week window, if that sounds reasonable. I believe that is actually the next meeting, so -- and at that point we would present a formal resolution for adoption. So, in the map book we have included highlighted changes since the last update. Those are in the purplish blue color. Those indicate new routes that we have added. I know the previous master plan had a lot of -- a lot of connections along canals, which tended to run from the southeast to the northwest and so we have needed to create some connection between those. We put connections in at the mid mile. There is just a lot of high growth areas within our city of area of impact that weren't really included in our former master plan. So, new routes, any significant changes to an existing route. If the route was on the west side of the street or a waterway and it makes more sense -- maybe development comes in first and it can happen on the east Meridian City Council Work Session May 23,2023 Page 18 of 25 side, we will make those changes without any formal kind of change or approval. We tend not to track the minor changes, as I just said. But if there are any significant -- you know, if it's a new route or a significant change to the existing. That being said, there may be some minor changes, some of the -- the map of changes that are showing up might be cases where we had kind of a desire line making good connection between two destinations and when development came in we could see where actually that pathway happened, so -- and, then, within the map book also there are annotations that show projects that are sort of within the active range for the city. So, recently completed or under construction now or pending as you look through the map just for your information and as a kind of an update. Here is a representation of the highlighted changes in the north half of the city, just so you can get a -- a bigger picture view of where a lot of those are happening and the south part of the city as well and when we do come back we will attach a map to the resolution. It will probably be in a format like this. So, a preview of a project that we just had a preconstruction meeting on today, we are still finalizing the contract, but this is -- it's got some interesting things going on. So, we were out there looking at it with the contractor, who was the low bidder. I'm calling this our Golden Spike Pathway, because it's where two big sections are going to meet. It's been a vacant -- in this area shown in the circle it's been a missing gap for a really long time and there are a couple of miles to the northwest and about five miles to the southeast that will be connected by this run of pathway. I think it's about 2,300 feet long and a lot of the projects we do are sidewalk widenings. They are important connections. This is a real pathway along the waterways. So, I think it's going to feel significant and we are looking at construction this season. Part of that is also ACHD has a property for their maintenance facility and the pathway will go across a part of that. We will construct that as part of this project and ACHD will reimburse that via agreement. So, with the projects that are noted in the book and the one I just mentioned, we have added about two miles of city -- city constructed pathway -- capital improvement dollars and, obviously, as you will hear next week in the state of the city, a lot more pathways and -- in partnership with the development community. But these are specific city pathways. So, I would ask that you review the map books and if it's -- and make changes, no changes, however works best for you. There is an electronic document, so if you want to do it that way and just send me a screenshot that's fine. It would be perfectly useful to just note any comments or changes in your map books. You could send me an e-mail, just a -- a phone photograph. So, however it works best. Or just drop off your version at parks. Does two weeks feel like about enough time to do that? I know there's a holiday in there. It seems like -- perhaps. Okay. We -- we will target that date. Do you have any other questions on this update, I would happily stand for them. Simison: Council, any questions? Strader: Mr. Mayor? Simison: Council Woman Strader. Meridian City Council Work Session May 23,2023 Page 19 of 25 Strader: A couple quick ones. Are we working on an app or something for people to get around and utilize this network of pathways better? Warren: Mayor Simison, Council Woman Strader, we did meet with IT, some of the park staff, to discuss that when I was still here last year and before I left. I haven't picked it up since I came. We are working on a map update for the website. What's on there currently is accurate, but it's not as useful as it could be. So, a much friendlier format. And, then, I think we were going to incorporate pathways with some kind of a citywide app. So, I will definitely look into that and report back. I haven't had any recent -- Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I think that might be a good discussion. Maybe we could have it at budget time. But it feels like we are investing as a city and we are -- we are asking others, especially in our community as they develop, to invest a lot into this pathways network. I want to make sure that people really understand how valuable it is, how they can use it to get around. I mean the fact that people can get now soon to a lot of places avoiding traffic almost entirely is a pretty big deal. So, I just -- I feel like we are not highlighting enough and we are not -- I just want it to be utilized much more than it is. So, that -- that's my suggestion is working on an app and, then, I -- I had another question which is about the philosophy. So, I understand the genesis of this is our canal network. It's kind of what started it. I recall there was a concept of a -- kind of a ring around the outside, like a -- like a loop. Is there any other kind of philosophical change that's behind the changes in the pathway maps? Was there an idea like we want to be able to connect all the different corners of Meridian to downtown? What was driving the changes? Warren: Mayor Simison, Council Woman Strader, I -- we did have a diagram like that. I often put it in my presentations and did not include it tonight, but we have our Meridian loop pathway that is a clear route around the city, with the idea of connecting all parts of it. The Five Mile Pathway is a major spine that's actually almost developed through that and, then, we have the Ten Mile Pathway and the future rail with trail. Those were kind of the major ones. And, then, a lot of these changes are to -- you know, a lot of those pathways trended in one direction and we were looking to make connections between and where we can't make a connection along a waterway do it at the mid mile collector where it's a little friendlier to be, you know, if you are adjacent to traffic. So, I think we -- we do use that overall system of organization with the loop and the main pathways running through it. Otherwise, we are looking to make connections where needed. We do have also a -- you know, our master plan that was originally done for pathways, you know, it did identify a lot of these routes, but, again, primarily along waterways. So, we are trying to connect between. Strader: Mr. Mayor -- Meridian City Council Work Session May 23,2023 Page 20 of 25 Simison: And I think just -- if I could add on to that. I think also in this case -- for example, I'm just looking at the Map 18 where you are adding the multi-use pathway on both sides of Eagle Road. So, part of this is just a factual update of where pathways have already been built or we would expect them to be built and not -- you know, I'm not aware of any philosophical changes to any of our pathway -- I have not had any conversations about changing of our longstanding philosophical plans for pathways in -- and it's not -- so, this update is not about that. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. I think one thing to think about -- and it will help us I think if our new standard we have communicated to ACHD is having a ten foot detached, you know, multi-use type of pathway sidewalk, et cetera, that will help us a lot going forward. This to me is very useful recreationally. I think where it would be really powerful is if it was more useful as an alternative mode of transportation and so if all of -- if there was a goal to have the pathways connect more centrally into the middle of Meridian I think that -- to your point, instead of that kind of one direction they are going, if the goal -- if we had a goal and it was to make it so that most places in Meridian you could get to downtown, for example, or something like that, I think that would make a lot of sense. Simison: I think that's -- that has been part of their philosophy is trying to connect in through downtown, but primarily through certain spines at this point in time, because of natural development patterns and other things. Warren: Mayor Simison, Council Woman Strader, the rail with trail pathway that's proposed, that's more of a regional idea, we are building segments locally. So, the building across from City Hall that's halted at the moment, we conditioned ten foot pathway, you know, parallel to the tracks as part of that project and we are working on a city project. I think that will help -- that will be another avenue into downtown as we -- you know, some of those are kind of pending either with development or the city project that we are working to move forward. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: That's perfect. That's a good explanation, because to me like that could be the -- the spine that would make sense as the primary place that everything would eventually connect to. So, thank you very much. I appreciate it. Cavener: Mr. Mayor? Simison: Councilman Cavener. Meridian City Council Work Session May 23,2023 Page 21 of 25 Cavener: First, Kim, great to see you. Appreciate your presentation tonight. It's like deja vu all over again. A question for you. When I review this lots of proposed pathways, which is important. We have to have vision cast about where we are going. The piece that I struggle with -- and particularly I second -- I feel like we have been talking about an app for our pathways for ten years. So, I'm very supportive of that. But if I'm a citizen and I have an app or I have a map where I look at this and I see proposed pathways, I don't have any sense if that is proposed in the next five years, ten years, 20 years, 50 years and naturally I'm sure all of us when we got this map, I -- I channeled my 7th grade excursions in map class and built a little grid in my -- in my office. But I looked at where I lived and there is lots of proposed pathways and there is some that will be development led and there is some that may be city initiated, but as it -- putting on my citizen hat, I didn't have any sense as to when or how or why and I think that can create confusion and so one of the things that I think is really important for this is we need to do a better job of communicating to our public about what is planned, but unfunded, what is development driven, what could be city initiated and when, because like there is a segment of -- of sidewalk between my neighborhood and another neighborhood that I know won't ever happen until the farmer decides to sell his -- and we don't know when that's going to be. But if I don't -- if I'm a citizen and I don't know that and I see, hey, there is a proposed pathway there, I get really excited and if a year goes by, two years, five years go by I start to get really jaded and frustrated with government that there is this proposed pathway and nothing moving forward. So, that's my ask is -- I think what you have got here is really great, but we just need to do a better job of communicating to the public about what really is a proposed pathway and when it could actually become realized. Simison: If you don't mind if I could ask a follow-up question to that to Council. Would that be only forecast what's being proposed in the next five years by development and the city for reasonable expectations? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: So, glad you asked. My perspective would be is that we follow this very similar to the highway district. So, we build a five year plan for our pathways that are going to be city initiated, budget dependent, but I don't think there is anything wrong with Kim in the Parks Department saying this is our plan for pathways over the next five years and we update that every year and, then, as each council comes through they can fund that, recognizing there is going to be other projects that will be development driven. But I also think that we have a good sense as to what will be development driven and what are going to be city initiated projects and so I think calling that out here on this legend gives the public a better understanding about what they as a taxpayer have some direct influence over and what they don't. Warren: Mayor Simison and Councilman Cavener, I appreciate those comments. I know that the map that we are working on that we will launch to the website after this Meridian City Council Work Session May 23,2023 Page 22 of 25 update will be -- the existing pathways will be bolder. They will stand out as like here is what's really here and what I hear you saying is maybe we could have a couple of designations for proposed pathways, maybe a short term and a long term. One thing I would offer for consideration is that -- and I believe on a past occasion Council Woman Perreault and I talked about the idea of some sort of projection for pathways and the one difficulty we have with that is -- to some extent we can plan for them. ACHD can budget for a project. They will do design one year, right of way the next and construction the next. Permission to build the pathway right of way easements that we get from property owners can -- it can just be really difficult to anticipate how long that's going to take and in part because we don't have -- ACHD can negotiate those and use eminent domain if necessary. We don't have that tool. So, there are some projects where we end up just having to wait until ownership changes or, you know, until that can happen. So, it's just -- to some extent we can predict and to some extent it's much harder, because there are some variables that we don't have much control over. Cavener: Mr. Mayor, maybe a response? Simison: Councilman Cavener. Cavener: Agreed. And recognize that this is -- this is a challenging task, because in one sense we want to communicate we have a plan to the public, but in another sense -- if this pathway is unlikely in the next five years or ten years, I think that the vast majority of our public wouldn't necessarily view that as -- as a true proposal because it's more just ambition, you know, aspirational and I think that particularly for what we communicate to the public it needs to be more realized and that this is something that you can expect that is going to be around your neighborhood or, hey, I'm buying a house in -- in South Meridian and I want to work in downtown, hey, there is a couple of pieces that are proposed that will get me there when? I think really being able to -- to better forecast when -- when we can and I think if it's calling out this is, you know, long term plans, 20 plus years, unless development occurs, I think that's fine. I think that you just have to do a better job of -- I mean I don't know how many miles of proposed pathways on this map, but it's -- when I look at the map that's what I see the most of is proposed. So, I know we are not going to accomplish that in any of our tenure likely. So, let's -- let's put a -- a lamp on that and -- and communicate to the public that this is a long, long, long term plan. Simison: What we could do is we could get through the development process and through when you actually get easement. Yeah, we can probably project out two years by what's been approved, what is pulling permits, what easements have been negotiated. I think anything beyond two years is aspirational in any pathway consideration. You know, I can name four off the top of my head where we thought we were going to do something in the last three years and they are not on this map anymore, because we were told, no, we will not get approval through that property, so -- Warren: Mayor Simison and Councilman Cavener, I do agree with that. We do have a long range pathway symbol in our legends and maybe we use that a little bit more Meridian City Council Work Session May 23,2023 Page 23 of 25 liberally. To date I have been using that for situations where we would really like a pathway, but the property line runs down the center of the canal and we would have to get, you know, 15 easements in a row in order to have that pathway. Pretty unlikely. That's a long term symbol. Maybe we just -- maybe long term is anything that appears like it would be over five years. Simison: Yeah. Warren: And I think in the new growth areas also just in part if we have something on the map that shows a basic destination, then, if that development comes in we have a way of saying we need to get from here to here. So, yeah, I appreciate those comments, though, and I -- I agree and we will -- we will look into how to symbolize the map, so that maybe it's a little bit -- yeah, it's more specific, even though we can't be extremely specific. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: What I hear in this conversation is maybe something as simple as the words we are using. So, when I hear the word proposed, I think there has been a plan made and there is an expectation that it's going to come about and that's not necessarily true of every one of these that are marked. So, maybe just changing it to future, like you said, long term will take out the -- the -- the expectation that it's literally been anticipated and perhaps in the first stages of happening. To me that's what proposed means. So, maybe just something as simple as that and not calling it proposed pathways. I know that seems really simplistic, but I agree that the perception could be that that's in the works. It's going to happen at some point. Money is going to happen at some point. And we just don't know that about all these; right? But I -- I do agree with Councilman Cavener about identifying which pathway -- pathways would come through public participation with development and which pathways could potentially come through from the city. I know those aren't exact either, but we do know for sure ones -- areas where the city will not be putting pathways and I think delineating that will help as well. So, I think any -- you know, as soon as the public realizes, oh, this is dependent on another group, there will be a greater understanding, so -- Warren: Mayor Simison -- Perreault: -- thank you for that. Warren: -- Council Woman Perreault. I agree with that. I think we could also maybe -- maybe we add some simple definitions to the legend, even that says what a proposed pathway is. We could -- we could probably use that. That's a great suggestion. And I think we could also, in terms of city funded versus potentially happening through the private sector, I think we could highlight, you know, either one of those. Maybe on the map -- or maybe that's some -- a layer that will have some ability for whoever visits the Meridian City Council Work Session May 23,2023 Page 24 of 25 city website to turn layers off and on and that would be something that could highlight where we -- you know, which we think will be likely city projects near term. So, I think there are a lot of ways to do that and we will look at that with that map -- the web map update. Thank you. Simison: Council, any additional questions at this time? Okay. Well, we will see you back here in two weeks. Warren: All right. Thank you very much. Simison: Thanks, Kim. EXECUTIVE SESSION 28. Per Idaho Code 74-206 (1)0) To consider labor contract matters authorized under Section 74-206A (1)(a) and (b), Idaho Code Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we go into Executive Session per Idaho Code 74-206(1)(i), 74- 206(1)(j) and 74-206-(a)(1)(a) and (b). Borton: Second. Simison: Have a motion and a second to go into Executive Session. Do I have discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, yea; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and we will go into Executive Session. MOTION CARRIED: ALLAYES. EXECUTIVE SESSION: (5.41 p.m. to 6.08 p.m.) Simison: Council, do I have a motion? Hoaglun: Mr. Mayor, I move that we come out of Executive Session. Perreault: Second. Simison: Have a motion to come out of Executive Session. All in favor signify by saying aye. Those opposed nay? The ayes have it and we are out of Executive Session. Meridian City Council Work Session May 23,2023 Page 25 of 25 MOTION CARRIED: ALLAYES. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Move we adjourn the work session. Simison: Have a motion to adjourn the work session. All those in favor signify by saying aye. Opposed nay? The ayes have it and we are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 6:08 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E.SIMISON Approved 6-6-2023 ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN --- AGENDA ITEM ITEM TOPIC: Approve Minutes of the May 2, 2023 City Council Work Session Meridian City Council Work Session May 2,2023 Page 44 of 44 Hoaglun: And we have a motion and a second. Mr. Nary, did we need also 74- 206(a)(1)A and B? Nary: No. Hoaglun: Okay. Just wanted to double check. Thank you. We have a motion and a second for -- to go into Executive Session. Madam Clerk, could you, please, call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, absent; Perreault, yea; Strader, yea; Overton, yea. Hoaglun: All ayes. We are adjourned into Executive Session. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION: (6:56 p.m. to 7:52 p.m.) (Motion to adjourn Executive Session made by Council Woman Strader, Seconded by Councilman Overton. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Council Woman Perreault.) (Motion to adjourn.) MEETING ADJOURNED AT 7:52 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 5 / 23 2023 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN --- AGENDA ITEM ITEM TOPIC: Approve Minutes of the May 9, 2023 City Council Work Session Meridian City Council Work Session May 9,2023 Page 20 of 20 Simison: All right. Thank you as well. We appreciate you all being here and -- and maybe we will be chatting some more again in the fall. Okay. Thank you. Council, we have reached the end of our agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. I move that we adjourn our work session. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MEETING ADJOURNED AT 5:34 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 5j23-202? MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN --- AGENDA ITEM ITEM TOPIC: Approve Minutes of the May 9, 2023 City Council Regular Meeting Meridian City Council Work Session May 2,2023 Page 59 of 59 Simison: Okay. And if I'm -- I don't want to speak for everybody, but if the first option is preferred, no drive through and a return item -- I understand there was questions about hours, but is that the --just want to give the -- the applicant some guidance on this item. Is that correct? Is that the Council's hopes, that there is not a drive through in what they see back here? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I know it's not ideal for the applicant, but I agree with Councilman Borton that I would prefer that -- that it be removed and, then, there would be a DA modification required, so that it does come back in front of Council and not just to have a CUP. In this particular situation, because the drive through is so close to residential, I wouldn't always necessarily, you know, think -- think that we need to do that. But in this case that would be my preference. Simison: Okay. All right. Thank you. Hopefully that helps in your preparations. So, with that all those in favor signify by saying aye. Opposed nay? The ayes have it and the item is continued. Thank you. MOTION CARRIED: FIVE AYES. ONE ABSENT. Simison: Council, with that anything under future meeting topics or a motion to adjourn? Hoaglun: Mr. Mayor, I move we adjourn. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MEETING ADJOURNED AT 9.44 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN --- AGENDA ITEM ITEM TOPIC: Bridge Apartments Sanitary Sewer and Water Main Easement No. 1 ESMT- 2023-0072 ADA COUNTY RECORDER Trent Tripple 2023-029577 BOISE IDAHO Pgs=8 CHE FOWLER 05/24/2023 08:04 AM CITY OF MERIDIAN, IDAHO NO FEE Protect Name(Subdivision), Bridge Apartments Sa»itat'Y Sewn-&Water Main Easement Number: Idwnity this Easement by sequential number if Projeet ernata}ins more than one easement of this type. (See htsinmioms foradditional inforntation). ESMT-2023-0072 SANITARY SEWER A D.AAU&AJAJJSY .�ASEMENT THIS Easement Agreement, made this23rchay of May 2023 between Meridian Centercat.LIZ ("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 set-vice 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 of sanitary 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 patties 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 Sevver and Water Main Easement REV. 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 casement hereby granted shall become pant 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 lawfitl 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: a STATE OF IDAHO ) ss County of Ada This record was acknowledged before nic one (date) by (name of individual)[verrr eke the follolving if signing in a representative capacity, or shrike the_/iMr5 ng if'signing in an in(lividual capacity] on behalf of (name of entity on behalf of whom record was executed), in the fojowfng representative capacity: (type of authority sucli as officer or trustee) / (Stallll)) Notary Signature My Commission Expires: Sanitary Sewer and Water Main Easement REV.0 1/0 1/2020 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only-the identity ofthe individual who signed the document to which this certificate is attached,and not the truthfulness, accuracy, or validity of that document. State of California 1 County of I—oS Cs\r:1CS J} On ,AP2-%t Q-Q + 2o23 before me, . �� T►-t�EC>J "oNLot-� Date \ Here Insert Name and Title of the Officer personally appeared Nome(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personV whose namev-0are subscribed to the within instrument and acknowledged to me that ej he/they executed the same in is er/their authorized capacity(iM, and that b is er/their signature(st'on the instrument the person(,4, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that-the foregoing KATHLEENDONLON paragraph is true and correct. Notary Public California aa Los Angeles County S Commission K 13sea16 WITNESS my hand and official seal. ' My Comm.Expires May 24,1015 Sianatur Ci•- Qom/ Place Notary Seal and/or Stamp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ Signer's Name: ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner.— ❑ Limited ❑ General ❑ Partner= ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer is Representing: Signer is Representing: ©2019 National Notary Association GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 5-23-2023 Attest by Chris Johnson, City Clerk 5-23-2023 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 5-23-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City CIerk, respectively. (stamp) Notary Signature 3-28-2028 My Commission Expires: Sanitary Server and Water Main Easement REV.01/01/2020 LEGAL DESCRIPTION W_� �►�� THE Page 1 of 3 LAN D GROUP April 14, 2023 Project No.: 121015 Exhibit A SEWER /WATER EASEMENTS THE BRIDGE APARTMENTS MERIDIAN CENTERCAL, LLC EASEMENT-1 An easement located in a portion of Lot 3 of CenterCal Subdivision, recorded in Book 104 of Plats at Page 14163, Ada County records, and a portion of Parcel "B" of Record of Survey No.13558, Ada County records, situate in the Southwest Quarter of Section 4, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at the Southwest Corner of said Section 4, (from which point the West One Quarter Corner of said Section 4 bears North 00' 10'43" East, 2618.49 feet distant); thence on the west line of said Section 4, North 00' 10'43" East, 322.86 feet; thence leaving said west line, South 89'49' 17" East, 254.96 feet,to a point on an existing sewer and water easement, recorded as Instrument No. 112079721, Ada County records AND the POINT OF BEGINNING of EASEMENT-1: Thence North 00' 00' 00" East, 205.49 feet; Thence North 90' 00' 00" West, 16.96 feet; Thence North 00' 00' 00" East, 26.00 feet; Thence North 90' 00' 00" East, 16.96 feet; Thence North 00' 00' 00" East, 477.04 feet; Thence North 45' 00' 00" East, 42.47 feet; Thence North 90' 00' 00" East, 336.91 feet; Thence North 00' 00' 00" West, 17.51 feet; Thence North 90' 00' 00" East, 20.00 feet; Thence South 00'00' 00" East, 17.51 feet; Thence North 90' 00' 00" East, 4.80 feet, to a point on said existing sewer and water easement; Thence on said existing sewer and water easement, South 00' 00' 00" East, 30.00 feet, to Point „A„ Thence leaving said existing sewer and water easement, South 90' 00' 00" West, 349.29 feet; Thence South 45'00' 00" West, 17.62 feet; Thence South 00'00' 00" West, 729.24 feet, to a point on said existing sewer and water easement; Thence North 42' 09' 05" West, 44.70 feet, to the POINT OF BEGINNING of EASEMENT-1. The above-described easement release contains 33,924 Ftz (0.78 Acres) more or less. TOGETHER WITH EASEMENT-2 An easement located in a portion of Lot 10 of CenterCal Subdivision, recorded in Book 104 of Plats at Page 14163, Ada County records, situate in the Southwest Quarter of Section 4,Township 3 North, 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc.com April 14, 2023 Page 2 Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at Point"A" as described above, thence North 33'41' 24" East, 36.06 feet, to a point on an existing sewer and water easement, recorded as Instrument No. 112079721,Ada County records, AND the POINT OF BEGINNING of EASEMENT-2: Thence North 90' 00' 00" East, 12.00 feet; Thence South 00'00' 00" West, 159.49 feet, to a point on said existing sewer and water easement; Thence on said existing sewer and water easement, North 90'00' 00" West, 12.00 feet; Thence North 00' 00' 00" East, 159.49 feet,to POINT OF BEGINNING of EASEMENT-2. The above-described easement release contains 1,914 Ftz (0.04 Acres) more or less. TOGETHER WITH EASEMENT-3 An easement located in a portion of Parcel "B" of Record of Survey No.13558, Ada County records, situate in the Southwest Quarter of Section 4,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at the Southwest Corner of said Section 4, (from which point the West One Quarter Corner of said Section 4 bears North 00' 10' 43" East, 2618.49 feet distant); thence on the west line of said Section 4, North 00' 10'43" East, 949.97 feet;thence leaving said west line, South 89'47' 33" East, 630.51 feet,to the POINT OF BEGINNING of EASEMENT-3: Thence North 90' 00' 00" East, 14.25 feet, to a point on an existing sewer and water easement, recorded as Instrument No. 112079721, Ada County records; Thence on said existing sewer and water easement, South 00' 00' 00" East, 20.00 feet; Thence leaving said existing sewer and water easement. North 90'00' 00" West, 14.25 feet; Thence North 00' 00' 00" East, 20.00 feet to the POINT OF BEGINNING of EASEMENT-4. The above-described easement release contains 285 Ftz (0.01 Acres) more or less. TOGETHER WITH EASEMENT-4 An easement located in a portion of Parcel "B" of Record of Survey No.13558, Ada County records, situate in the Southwest Quarter of Section 4,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at the Southwest Corner of said Section 4, (from which point the West One Quarter Corner of said Section 4 bears North 00' 10' 43" East, 2618.49 feet distant); thence on the west line of Site Planning• Landscape Architecture•Civil Engineering•Surveying 462 E.Shore Drive,Suite 100• Eagle, Idaho 83616• P 208.939.4041•www.thelandgroupinc.com April 14, 2023 Page 3 said Section 4, North 00' 10'43" East, 582.30 feet; thence leaving said west line, South 89'49' 17" East, 748.74 feet, to the POINT OF BEGINNING of EASEMENT-4: Thence North 90' 00' 00" East, 22.80 feet to a point on an existing sewer and water easement, recorded as Instrument No. 112079721, Ada County records; Thence on said existing sewer and water easement, South 00' 00' 00" West, 24.50 feet; Thence leaving said existing sewer and water easement, North 90' 00' 00"West, 22.80 feet; Thence North 00' 00' 00" East, 24.50 feet to the POINT OF BEGINNING of EASEMENT-4. The above-described easement release contains 559 Ft' (0.01 Acres) more or less Prepared by: The Land Group, Inc. 'NL LAI�r Michael S. Femenia, PLS � 0 a 13' q FOF0 4411 s. OVIV?023 Site Planning•Landscape Architecture•Civil Engineering•Surveying 462 E.Shore Drive,Suite 100•Eagle, Idaho 83616•P 208.939.4041•www.thelandgroupinc.com 9 RMTHE s.BLAND LE GROUP Sewer/Water Easements �.» rangy for r� City of Meridian fJfl- - - f 9 » y E Situate in the SW 1/4 of Section 4, (Ul,M Township 3 North,Range 1 East,Boise Meridian, a G]3Acm °✓° Cit of Meridian,Ada Count Idaho I (0.78 FYI �I I Y Y, Q 2023 I ——ERSEMENE-3 'a_ _ I -'I u.mx Ace I j �s°"•` q 'I Ixes Etzl CO I NZ- I O �n I ' � ceREhott w lasr,ace � Line Table 04 F � uNa1919R°,1° LINE BEARING LENGTH AE111°VN CENIm°u LLC Z I I APE Gov 1 W `------------------ --------------------- -------- r '✓a % — 3 _ .. w — — wn --------9Y Q) r EASEMEII,J��inTli -,, _____----------___-- G.m-Ac P.M 6 EASEra:xr-, 4I3 -67Acz In (33.33,9x4 FY9 I I. I I i,e ,mmvvE mov omw aw I _________ T ------------------------- Poe-1�'? I I /%f •_ KRW9°n w Exhibit'B" I� `W 1 of E IDIAN --- AGENDA ITEM ITEM TOPIC: 2701 Kum & Go Water Main Easement (ESMT-2023-0078) ril ttr uttctivsiatY. ADA COUNTY RECORDER Trent Tripple 2023-029579 2701 - Kum & Go Ten Mile Road BOISE IDAHO Pgs=5 CHE FOWLER 05/24/2023 08:05 AM CITY OF MERIDIAN, IDAHO NO FEE inter Nfain E sometrt' ttn��5 c Identify this Easement by sequential number if Project contains more than one Water Main casement. See Instructions for additional information). ESMT-2023-0078 WATER MAIN EASEMENT THIS Easement Agreement, made this 23 day of Nlay...w,, 20 23 be between Store 2701, L.L.C. ("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 ) The casement 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 of 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 EXPRESSLYUNDERSTOOD 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 perrnanent 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. E 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 0 1/0 1/2020 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: KG Store 2701, L.L.C. STATE OF ss County of Poi-K ) This record was acknowledged before me on (date) by N I KI M ASO f1J (name of individual), [complete the following if signing in a representative capacity, or strike the,following if signing in an individual capacity] on behalf of KG Store 27.01, L.L.C. (name of entity on behalf of whom record was executed), in the following representative capacity: Senior V? (type of authority such as officer or trustee) (stamp) "W 14-,-- . Notary Signature My Commission Expires:_ /,,2- 3 {►�� <e� �IATTHEW K.ROGHAIR F r Comm4sion Number$07780 ow Y 'es Water Main Easement Version 0 1/0 1/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 5-23-2023 Attest by Chris Johnson, City Clerk 5-23-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 5-23-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature 3-28-2028 My Commission Expires: Water Main Easement Version 01/01/2020 WATER EASEMENT The Land referred to herein below is situated in the County of Ada,State of ID, and is described as follows: A parcel of land being a portion of the West 1/2 of the Northwest 1/4 of Section 14,Township 3 North, Range 1 West, B.M.,Ada County, Idaho, and being more particularly described as follows: Commencing at a brass cap marking the Northwest corner of said Section 14,which bears N00°33'33"E a distance of 2,658.39 feet from an aluminum cap marking the West 1/4 corner of said section 14,thence following the westerly line of the Northwest 1/4 of said Section 14,S00°33'33"W a distance of 1,329.20 feet to a found aluminum cap marking the Northl/16 corner of Sections 14 and 15;Thence leaving said westerly line,S89°10'27"E a distance of 39.29 feet to the easterly right-of-way line of S.Ten Mile Rd.; Thence following said easterly right-of-way line NO3°39'37"E a distance of 14.52 feet to the southerly boundary line of TM Creek Subdivision No, I (Book 110, Page 15663 of Plats, Records of Ada County, Idaho);Thence leaving said easterly right-of-way line and following the southerly boundary line of said TM Creek Subdivision No. 1 the following three(3)courses: 1. N66°50'14"E a distance of 186.29 feet; 2. 92.42 feet along the arc of a curve to the right,said curve having a radius of 199.99 feet,a delta angle of 26°28'40", a chord bearing of N80°05'03"E and a chord distance of 91.60 feet; 3.S86°40'15"E a distance of 73.07 feet;Thence leaving said southerly subdivision boundary line,S10°13'14"W a distance of 38.31 feet;Thence 50.59 feet along the arc of a curve to the left,said curve having a radius of 300.00 feet, a delta angle of 09°39'41", a chord bearing of S05°23'23"W and a chord distance of 50.53 feet;Thence S00°33'33"W a distance of 3.72 feet and being the POINT OF BEGINNING. Thence South 0°33'33" West a distance of 20.00 feet;Thence North 89°26'27" West a distance of 20.50 feet;Thence South 0°33'33" West a distance of 10.00 feet;Thence North 89°26'27" West a distance of 20.00 feet;Thence North 0°33'33" East a distance of 30.00 feet;Thence South 89°26'27" East a distance of 40.50 feet to the POINT OF BEGINNING. S�pNAI LgiV Containing 1,010 sq.ft., or 0.023 acres more or less 4 5 OCE& O� jp - 13S45 Tc ,O �OF IDP� \`l° HTcH�� NW corner Section 14, PARCEL LINE SEGMENT TABLE Township 3 North, Rouge 1 West, B.M., UNE TAG LENGiH BEARING Found Monument � Bross Cop U 1010,2 V AN L10 N339131'1r K52 N L11 SIOIS141 X31 0 15 30 L12 S0'033'w 3.72 I SCALE:1"=30' I L13 S019331V 20.00 L14 NSOW271 20.50 II L15 S01933V 10.M I L16 NOW27-W 20.00 L17 N033In I moo L18 S6 W27 E 40.50 '1 3 L-92.42' aW R=199.99' 1. CB=N80'05'03'E H C=91.60' L=50.59' I R-300.00' Lg CB45'23'230W C-50.53' WATER MENT 1,0 1 0.023 A L18 12 �Or1A1-LAty4 ENsc°0`sG P. n L14 a N 13545 0 Lt 6 I tiq 9T4�* 'QOID OF 10 D. MIZC W 114 Corner Section 14, Township 3 North, Rouge 1 West, B.M., Found Monument Aluminum Cop PROJECT NAME PrajectNo: KUM002701 Galloway KU M2701 Drawn By: GJS 11MPWIYj fWWBea.,sum30 Checked By: TWO c wosow.coe m ns.9KM0 WATER EASEMENT Date: 04/12/2023 r°I-Gy's`0. E IDIAN --- AGENDA ITEM ITEM TOPIC: Slim Chickens Water Main Easement ESMT-2023-0068 ADA COUNTY RECORDER Trent Tripple 2023-031645 Slim Chickens — Water Easement BOISE IDAHO Pgs=5 VICTORIA BAILEY 06/02/2023 09:11 AM CITY OF MERIDIAN, IDAHO NO FEE tadentt y this Easement bysequential number if Project contains than(me Water Mai msement, See Instructions for adadatiotuar infoa aataskm), ESMT-2023-0068 A aTER-MAINEASEMENT THIS Easement r merit, made this 23rd day of May , 2o 23 b fww rr Investments LLC m , GFI Meridian ("Grantee'),and the City of ridi , an Idaho Municipal Corl),L)ratioWC�-Grantee");---- WHEREAS,the Grantor desires to provide a water main right-of-way across the premises and property>hereinafter particularly bounded and dcs rib d;and WHEREAS, the water twain is to be provided for through underground pipelines to be constructed by others;and WHEREAS,S, it will be accessary 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 to the Grantee the right-of-way for an easentent for the: operation and maintenance of water mains over and across the following described property: (SEE ,T"F CHE EXHIBITS d l ( The easement hereby granted is for the purpose of construction and operation of water mains d thcir allied facilities, together" with their maintenance, repair and replacement at the convenience of the Grantee,with the tree 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, 1T IS EXPRESSLY UNDERSTOOD N AGREED, by and between the parties hereto,that after making repairs or perforttiing;other maintenance, Grantee shall restate 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 easentent THE GRANTOR covenants and agrees that Grantor will not place or allow to tx-played any pennanent structures, trees, brush,or perennial shrubs or flower-,within tin 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 Ater 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: 6fT— KC etA1C-.n L-Lc STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on te) by or (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacityl on behalf of Ut:t- (name of entity on behalf of whom record was executed), in the following representative capacity:Trbna arx (type of authority such as officer or trustee) Lj (sip) WENDY JENSEN GRAY - ' Wary Pubic Notary Signature ,.�: e .. _ fete My Commission pires: Q" W gay Commission Expires A0127,2024 „ #711667 Water Main Easement Version 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 5-23-2023 Attest by Chris Johnson,City Clerk 5-23-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 5-23-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (sip) Notary Signature 3-28-2028 My Commission Expires: Water Main Easement Version 01/01/2020 Exhibit A Water Easement A water easement being a portion of Lot 7, Block 1 of Lost Rapids Subdivision (Book 119 of Plats, Pages 18496-18501), situated in the Northeast 1/4 of Section 27,Township 4 North, Range 1 West, Boise Meridian, City of Meridian,Ada County, Idaho, and being more particularly described as follows: Beginning at a points 15.00 feet N00°32'20"E along the westerly boundary line of said lot 7, and 64.32 feet S89°17'16"E from a 5/8-inch rebar marking the southwest corner of said Lot 7; running thence N00°42'44"E 15.00 feet; thence S89°17'16"E 12.30 feet;thence S00°42'44"W 15.00 feet;thence N89°17'16"W 12.30 feet to the Point of Beginning. Said parcel contains 184.52 sq. ft. or 0.004 acres, more or less All subdivisions, deeds, records of survey, and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated. Exhibit B PARCEL LINE SEGMENT TABLE LINE TAG # BEARING LENGTH (FT) N L1 NO 4244'E 15.00 0 10 20 50 L2 S8917'16'E 12.30 L3 S1342441 15.00 SCALE:1"=50' L4 N8917'16'W 12.30 -------- % S89017'35"E 177.70' --- — — — _ — _ _ — — _ _ —� a66'ITD PERMANENT EASENEN R NORTH SLOUGH WATER USERS ASSMATION EASEMENT EXCEPTIONS#16 4 030 C9 z ~ ~ CV = lY � QLU M m W O x LL. O N _O CN z m z IJ z w w WEST 33.91' o _ X O i T w C%4 s � Q U T s 2 > F— Po ROPOSED WATER EXISTING PUE 0 EASEMENT 2 AV � I ^ J ,W S89'17'10E 64_ .32' J v N L4 cN Q Z N89017'16"W 146.64' = S 0 Vortex Holdings Group Project No: VTX000001.20 :: Utra Vortex Chicken Drawn By: GJS Ga oway Checked B : 2015 Grove Pk"SuAe H Y TWO Pleasant Grove,UT 84062 385.248.0460 WATER EASEMENT Date: 03/24/2023 GallowayUS.com E IDIAN --- AGENDA ITEM ITEM TOPIC: Temporary Construction Easement with ACHD for Construction of Fivemile Pathway/Ninemile Crossing Project (Segment D) ADA COUNTY RECORDER Trent Tripple 2023-029578 BOISE IDAHO Pgs=7 CHE FOWLER 05/24/2023 08:04 AM CITY OF MERIDIAN, IDAHO NO FEE RECORDING REOUESTED_ Y AND WHEN RECORDED RETURN TO: City Clerk City of Meridian 33 E.Broadway avenue Meridian,ID 83642 TEMPORARY EASEMENT ION OF PATHWAY SEGMENT This TEMPORARY EASEMENT FOR CONSTRUCTION F PATHWAY ENT ("Temporary Easement")is entered into this__ _ day of MAY p 2023 ("Effective Date"), by the Ada County Highway District, a highway district organized under the laws of the State of Idaho("Grantor")to the City of Meridian, an Idaho municipal corporation("Grantee") (together, "Parties"). WHEREAS,Grantor is the owner of real property at 374 W. Ustick Road,Meridian, Ada County Parcel no. SO434438600,described in Exhibit A hereto("Property"); WHEREAS,Grantee is overseeing the construction of a multi-use public pathway running along Fiveile Creek from just east of Ninemile Creek to N. Grand Lake Way ("Pathway"), and a segment of the Pathway traverses the north side of the Property("Pathway Segment"); WHEREAS,Grantor is required by its April 19,2022 Development Agreement with City(recorded in Ada County as Instrument no. 2022-038673)to install the Pathway Segment; and WHEREAS,Grantee is constructing the Pathway Segment pursuant to a December 6, 2022 Memorandum of Agreement between the Parties,and needs temporary access to and use of the Property for this purpose; NOW,THEREFORE,in consideration of the benefits to be received by Grantor, and other good and valuable consideration A. Temporary easement granted. Grantor does hereby convey to Grantee and/or Grantee's contractor(s)a Temporary Easement over and across the Property for the purpose of constructing the Pathway Segment. B. Term. This Temporary Easement shall expire upon the earlier of the final completion of the Pathway Segment,or September 30,2024. C. Conditions. Grantee specifically agrees that as conditions of this Temporary Easement, Grantee shall observe each and all of the following conditions 1. Grantee shall collect and properly dispose of any and all garbage and/or spills generated by or related to Grantee's activities under this Temporary Easement. TEMPORARY LICENSE CONSTRUCTION OF PATHWAY SEGMENT PAGE I OF 5 2. Where Grantee's activities or equipment damage Property, or otherwise require Grantor to incur additional expenses,Grantee shall reimburse Grantor for costs of repair, replacement, or expense. 3. Upon or prior to the conclusion of Grantee's use of the Property for the purpose described herein, Grantee shall restore the Property used to that existent prior to such use. D. Compliance with laws. Grantee shall be responsible for ensuring that Grantee's use of the Property is in compliance with all applicable laws. E. Termination. 1. Grounds. Grounds for termination of this Temporary Easement shall include,but shall not be limited to: an act or omission by Grantee which breaches any term of this agreement; an act of nature or other unforeseeable event which precludes or makes impossible the performance of the terms of this agreement by either party; a change in or occurrence of circumstances that renders continuance of the use allowed by this Temporary Easement a detriment to the public health, safety, or welfare; or a finding that continued activity under this Temporary Easement is not in the best interest of the public; as determined by either party. 2. Process. Either party may terminate this Temporary Easement by providing the other written notice of such termination. Such notice shall be effective immediately upon personal delivery or mailing. F. No agency. Neither Grantee nor Grantee's employees, agents,contractors, officials, officers, servants, guests,and/or invitees shall be considered agents of Grantor in any manner or for any purpose whatsoever in their use and occupancy of the Property. G. No warranty. Grantor makes no warranty or promise as to the condition, safety,usefulness, or habitability of the Property; Grantee accepts the Property for use as is, both at the Effective Date of this Agreement and throughout Grantee's use of the Property. H. 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. I. 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. J. Applicable law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. TEMPORARY LICENSE-CONSTRUCTION OF PATHWAY SEGMENT PAGE 2 OF 5 IN WITNESS WHEREOF,the Parties hereto have executed this Agreement on the Effective Date first written above. GRANTOR: STATE OF IDAHO ) Ada County Highway District ) ss: County of A— ) I HEREBY CERTIFY that on this 12 day of 2023,before the undersigned,a Print name: Ck Notary Public in the State of Idaho,this record was acknowledged before me by: Title: t:� 2 —je' �'sQ- -� on belmif of the Adaeat, y Highway District,in the following representative capacity: ••.� �$j , f",• IN WITNESS WHEREOF,I have hereunto set my hand •S (A'�.••'•••••�cs••,• and affixed my official seal,the day and year in this `•4 �•t�OT�►Ry�� certificate first above written. =ng (jgLtC�i '.,•(P•••`_I No.p�Sy:�' �•• Notary Public for Idaho ••�'.9 ••• .•' Residing at. - •. f� Q• F-1�� C�w��-f Idaho .•b.,j�, OF 1� ,,••• ••••••'•/"'�`�� My Commission Expires: 6d 130 1202'� GRANTEE: Attest: CITY OF MERIDIAN Robert E. Simison,Mayor 5-23-2023 Chris Johnson, City Clerk 5-23-2023 STATE OF IDAHO ) ): ss County of Ada ) On this23rd day of May 2023,before me,a Notary Public,personally appeared Robert E.Simison and Chris Johnson,know or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Meridian _ Idaho My Commission Expires: 3-28-2028 TEMPORARY LICENSE-CONSTRUCTION OF PATHWAY SEGMENT PAGE 3 OF 5 T-O ENGINEERS Project No.: 210495 Exhibit A Ada County Tax ID.:SO434438600 Date: December 27, 2022 Page: 1 of 1 PARCEL No.3 TEMPORARY EASEMENT A portion of that parcel of land, located in the SW1/4 of the SE1/4, of Section 34,Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at the Center Section Corner of said Section 34, from which the South One-Quarter Corner of said Section 34, bears S.00°44'04"W., 2636.02 feet; thence, along the west line of the SE1/4 of said Section 34, A) S.00°44'04"W., 1373.03 feet to the southerly Ninemile Creek right-of-way, being the POINT OF BEGINNING; thence, leaving said west line, along said southerly right-of-way the following three courses: 1) S.89°12'48"E., 530.30 feet, thence, 2) S.561)20'48"E., 282.10 feet; thence, 3) S.00°43'12"W., 69.69 feet; thence, along a line parallel with and 58.49 feet southwesterly of the southerly Ninemile Creek right-of-way, 4) N.56020'48"W., 259.40 feet to the beginning of a tangent curve; thence, leaving said parallel line, 5) Northwesterly along said curve to the left, having a radius of 200.00 feet,an arc length of 114.73 feet, through a central angle of 32152'00", of which the long chord bears N.72146'48"W., 113.16 feet to a point of tangency;thence, along a line parallel and 50.00 feet southerly of the southerly Ninemile Creek right-of- way, 6) N.89°12'48"W., 440.87 feet to the west line of the SE1/4 of said Section 34; thence, along said west line, 7) N.00044'04"E., 50.00 feet to the POINT OF BEGINNING. The above-described permanent easement CONTAINS 43,640 square feet(1.00 acres), more or less. 0- LA ND S �\CE N S 4020001 1782 4, 8F \11� QO EW 0 1 2471 S.Titanium Place I Meridian,ID 83642 1 P:208,323.22881 to-engineers.com G:1210495%�_Ac ddwgZumyl2 Boundery1210495.V-PATHWAY E%HIBITSdwg,1 2/2 912 022 1:33:08 PM,Dinon Neubauer,DWG To PDF.pc3 02020 T-O ENGINEERS.THIS INSTRUMENT IS THE PROPERTY OF T-O ENGINEERS.ANY REPRODUCTION,REUSE OR MODIFICATION OF THIS INSTRUMENT OR ITS CONTENTS WITHOUTSPEOFIC WRITTEN PERMISSION OF T-O ENGINEERS IS STRICTLY PROHIBITED. EXHIBIT SKETCH B C1/4 CORNER OF LOCATED IN A PORTION OF THE SW1/4 OF THE SE1/4 SECTION 34, SECTION 34 TOWNSHIP 4 NORTH, RANGE 1 WEST,BOISE MERIDIAN,ADA COUNTY,IDAHO CP&F INST.NO. S34 2022 2017-034261 C 1/4 I�,---- ————————————————————————— ————————— I POB S8912'48"E 530.30' TEMPORARY - T-- q EASEMENT o 274+00 � 26+00 � � AREA N8912'48"W 440.87' 44— \� gyp• w70, ¢ C1? \8F 0 r aN °�' _Z L SODA COUNTY \ T m 3 F4 Z HIGHWAY DISTRICT ?O• / 28+00 Oo ��\ _ Oo _ 90 ) � S1/4 CORNER OF SECTION 34 LINE TABLE P&F INST.NO. LINE BEARING DISTANCE 6i0086547 34 L19 S00'43'12"W 1 69.69' ® I 03 CURVE TABLE CURVE RADIUS LENGTH DELTA I BEARING CHORD 0' 50' 100, 200' LAND CEN EpSG9� C72 200.00' 114.73' 32'52'00" N72-46'48"W 113.16' `�` b 12/29/2022 0 2104954-PATHWAY_EXHINTS.dxg DEC.2022 210M a 178% jr_- sQ T-O ENGINEERS QO fw M 2471 S.TITANIUM PLACE MERIDIAN,IDAHO 83642 PHONE:(2D8)323-2288 WWW.TO-ENGINEERS.COM T-O ENGINEERS Exhibit C Project No.: 210495 Ada County Tax ID.: SO434438600 Date:April 6, 2023 Page: 1 of 1 FIVE MILE CREEK PATHWAY ACCESS TEMPORARY EASEMENT A portion of that parcel of land, located in the SW1/4 of the SE1/4, of Section 34, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at the South One-Quarter Corner of said Section 34, from which the Center Section Corner of said Section 34, bears N.00°44'04"E., 2636.02 feet; thence, along the west line of the SE1/4 of said Section 34, A) N.00°44'04"E., 1125.74 feet; thence, leaving said west line, B) S.89°15'56"E., 633.92 feet being the POINT OF BEGINNING; thence, 1) S.56°20'48"E., 155.00 feet, thence, 2) S.00°39'22"W., 100.00 feet, thence, 3) N.89°20'38"W., 15.00 feet, thence, 4) S.00°39'22"W., 807.90 feet, thence, 5) S.33°26'00"E., 133.81 feet to the north right-of-way of Ustick Rd.; thence, along said north right-of-way, 6) N.89°07'04"W., 30.00 feet; thence, leaving said north right-of-way, 7) N.27°48'07"W., 125.92 feet; thence, 8) N.00°39'22"E., 787.90 feet; thence, 9) N.44°20'38"W., 28.28 feet; thence, 10) N.89°20'38"W., 80.00 feet; thence, 11) N.00°39'22"E., 184.41 feet to the POINT OF BEGINNING. The above-described temporary easement CONTAINS 33,295 square feet (0.764 acres), more or less. bC E N FQSG�F ao¢/as/zoz� 17825 OF �b Qo_ fW M 1 2471 S.Titanium Place I Meridian,ID 83642 I P:208.323.2288 I to-engineers.com EXHIBIT SKETCH (Q) LOCATED IN A PORTION OF THE SW1/4 OF THE SE1/4 OF SECTION 34, o TOWNSHIP 4 NORTH, RANGE 1 WEST,BOISE MERIDIAN,ADA COUNTY, IDAHO S34 2023 S2 C1/4 CORNER OF a SECTION 34 LINE TABLE I CP&F INST. NO. 0 2017-034261 I LINE BEARING DISTANCE L1 S56'20'48'E 155.00' o_ \ L2 S00'39'22"W 100.00' ui L3 N89'20'38'W 1&00' — _ — — S89'15'56"E 633.92'_ — _ _ POB I L4 S3326'00"E 133.81' W �T T L5 N89'07'04"W 30.00' L6 N27'48'07"W 125.92' CD L7 N44'20'38"W 28.28' L8� L8 N89'20'38"W 80.00' 01 E N L7 I L3 L9 N00'39'22"E 184.41' o � o z co 15' Fy M ui w cv 15' z m W �2 O p o t 5 Q o SO434438600 0 o o m Z ADA COUNTY I HIGHWAY DISTRICT ^I oo o W N ui ca N N w ¢ M CD $ Z OI I O z z N uJ CD o N u I Oi I } 4 v di C S1/4 CORNER I W, a OF SECTION 34 SECTION CORNER o CP&F INST. NO. CP&F INST. NO. i —3z 110086547 �s, 112117163 co 34 35 9 N 03 USTICK BQ S89'07'04"E 2640.67' 3 2 9 Z NpL LAND ciF3 �g`'�C��CENS foSG9` 210495JEACCESS_EXmBlT&ag 4W3 210496 o 04/06,Z023 �p CD 17825 T-O ENGINEERS � 2471 S.TITANIUM PLACE < e �pP 0' 100, 200' 400' A' OF O MERIDIAN, IDAHO 83642 C vO'r W ,1 Q _ PHONE:(208)323-2288 WWW.TO-ENGINEERS.COM C7 UO l�n E IDIAN --- AGENDA ITEM ITEM TOPIC: TM Center Subdivision No. 1 Cafe Zupas Water Main Easement No. 1 ESMT- 2023-0076 Project Name(Subdivision); ADA COUNTY RECORDER Trent Tripple 2023-029581 TM Center Subdivision No. 1 BOISE IDAHO Pgs=8 CHE FOWLER 05/24/2023 08:07 AM Cafe Zupas Water Main Easement No. 1 CITY OF MERIDIAN, IDAHO NO FEE ESMT-2023-0076 WATER MAIN EASEMENT THIS Easement Agreement, made this 23rd day of May , 20 23 between DWT Investments LLC, SCS Investments LLC and BVB Ten Mile Crossing Annex,LLC,("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, its 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 shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings, trash enclosures, carports, sheds, fences, trees, or deep-rooted shrubs. 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 Page l Version 04/17/2023 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. [END OF TEXT; SIGNATURES TO FOLLOW] Water Main Easement Version 01/01/2020 GRANTORS: DWT INVESTMENTS, LLC, an Idaho limited liability company, By: Brighton Corporation, an Idaho Corporation, Its Manager By: Robert L. Phillips, President STATE OF IDAHO ) )ss. County of Ada ) On this 6- day of �t , 2023, before me, the undersigned, a notary public in and for said state,personally a geared Robert L. Phillips known to me to be the President of Brighton Corporation,the Manager of DWT INVESTMENTS, LLC, the entity that executed the foregoing instrument, and acknowledged to me that said entity 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 Residing at 'daJAD SHARI VAUGHAN My Commission Expires: — I aDa Notary Public-State of Idaho Commission Number 20181002 My Commission Expires Jun 1, 2024 SCS INVESTMENTS, LLC,an Idaho limited liabili ,company A .� k�dliu y: c ael A. H ll, Its resident STATE OF 1DAHO ) )ss. County of ) On this_S_ day of j-qm , 2023,before me,the undersigned, a notary public in and four said state,personal ly-dpp cared Michael A. Hall known to me to be the President of SCS INVESTMENTS, LLC, the entity that executed the foregoing instrument, and acknowledged to me that said entity executed the same. IN WITNESS WHEREOF,I have hereunto set my bandjandT-alffimed my official seal, the day and year in this certificate first above written. ` Notary Public for Idaho Residing at , My Commission Expires: DONNA WILSON COMMISSION#67674 NOTARY PUBLIC STATE OF IDAHO BVB TEN MILE CROSSING ANNEX,LLC, an Idaho limited liability company, By: BV Management Services,Inc., an Idaho Corporation, Its Manager B �---� Eric Isom, Vice President of Real Estate Development STATE OF IDAHO ) )ss. County of Bonneville ) On this� day of , 2023, before me, the undersigned, a notary public in and for said state, personally appeared Eric Isom known to me to be the Vice President of Real Estate Development for BV Management Services,Inc.,the Manager of BVB TEN MILE CROSSING ANNEX, LLC, the entity that executed the foregoing instrument,and acknowledged to me that said entity executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affi d my official seal,the day and year in this certificate first above written. Notary blic for I aho Resid fig at p° ' MIKYLA HEAPS My Commission Expires:n-7— —11 -Zo?-'INotary Public- State of Idaho Commission Number 20210650 My Commission Expires02-17-2027 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 5-23-2023 Attest by Chris Johnson, City Clerk 5-23-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 5-23-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2028 Water Main Easement Version 01/01/2020 kiln E N G I N E E R I N G April 28,2023 Project No.22-237 City of Meridian Water Easement Legal Description Exhibit A A parcel of land for a City of Meridian Water Easement being a portion of Lot 4,Block 1 of TM Center Subdivision No.1 (Book 124 of Plats,Pages 19861-19863),situated in the Southwest 1/4 of the Northwest 1/4 of Section 14,Township 3 North,Range 1 West,Boise Meridian,City of Meridian,Ada County,Idaho and being more particularly described as follows: Commencing at a found 1/2-inch rebar marking the Southwest corner of said Lot 4,which bears N89°26'27"W a distance of 338.00 feet from a found 1/2-inch rebar marking the Southeast corner of said Lot 4,thence following the southerly boundary line of said Lot 4,S89°26'27"E a distance of 150.19 feet to the POINT OF BEGINNING. Thence leaving said southerly boundary line,N00°35'05"E a distance of 14.99 feet; Thence S89°33'46"E a distance of 2.00 feet; Thence N00"33'33"E a distance of 26.40 feet; Thence S89°26'27"E a distance of 20.00 feet,- Thence S00°33'33"W a distance of 16.40 feet; Thence S89°26'36"E a distance of 140.82 feet to the boundary of an existing City of Meridian Sewer and Water Easement as described per Instrument No.2022-072452; Thence following said existing easement boundary the followingthree(3)courses: 1. S00°33'33"W a distance of 9.00 feet; 2. N89°26'27"W a distance of 18.50 feet; 3. S00°33'33"W a distance of 16.00 feet to the southerly boundary line of said Lot 4; Thence leaving said existing easement boundary and followingsaid southerly boundary line,N89°26'27"W a distance of 9.47 feet; Thence leaving said southerly boundary line, N00°33'33"E a distance of 5.00 feet; Thence N89°26'36"W a distance of 114.84 feet; Thence S00°32'05"W a distance of 5.00 feet to said southerly boundary line; Thence following said southerly boundary line,N89°26'27"W a distance of 20.00 feet to the POINT OF BEGINNING. Said parcel contains 3,508 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 of 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. \D,�NL L A A(D 0��5 ►�\CENs '0 G 120 6 qTF OF \-v H Y NSl) V2V2023 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengllp.com i O 1 I � g1o°k 00. Lot Sabd',\Il ° 0 t U SM CeTteT it I v m CITY OF MERIDIAN SEWER AND WATER EASEMENT �— C c S89'26'27"E 20.00' PER INST. No. 2022-072452 (3) v Q--�-� E �S00'33'33"W 16.40' N '^ 2 0 --- — S89'26'36"E 140.82' Lu z u L3I ----- — --------- >_ $ �f o __� co > m a L6 N a Q P.O.B. J N89'26'36"W 114.84' -Q DL1 —'-- ----------------- L 3 L11 L10 19 L8 W m POINT OF ' ' ' ' ' N89'26'27"W 338.00.• . . . . . . . . . . . . . . . . . 4 m COMMENCEMENT BASIS OF BEARING c� SOUTWEST CORNER, L— C LOT 4 Lot 3 C Y o SOUTHEAST CORNER, LOT 4 O u "p z I I m 41 v LINE TABLE U o z Y N \p�pL LApO s LINE BEARING DISTANCE 0 w S �tGENSF� G¢+` L1 S89'26'27"E 150.19 C d 0 30 60 90 c CIC bL, L2 N00'32'05"E 14.99 EL 3 Plan Scale:1"=30' 6 o s� o L3 S89'33'46"E 2.00 `Z` DATE: April 2023 o B�Tf OF t� L4 N00'33'33"E 26.40 PROJECT: 22-237 LEGEND LL HY14 L5 S00'33'33"W 9.00 SHEET: O FOUND 1/2" REBAR, PLS 12459 2%/2023 L6 N89'26'27"W 18.50 1 OF 1 CALCULATED POINT L7 S00'33'33"W 16.00 x SUBJECT PROPERTY BOUNDARY LINE L8 N89'26'27"W 9.47 — — ADJACENT LOT LINE y ——————— EASEMENT LINE L9 N00'3333"E 5.00 lum ---- EN G I N E E R I N G EXISTING EASEMENT I . 5725 NORTH DISCOVERY WAY 3713 P.O.B. POINT OF BEGINNING L11 N89'26'27"W 20.00 HONE,208 63-693 PHONE(20 81 6 39-69 39 kmergllp—m E IDIAN --- AGENDA ITEM ITEM TOPIC: S. Wayfinder Avenue Extension Sanitary Sewer Easement No. 1 ESMT-2023- 0070 ADA COUNTY RECORDER Trent Tripple 2023-029582 Project Name(Subdivision):, BOISE IDAHO Pgs=13 CHE FOWLER 05/24/2023 08:07 AM S.Waytinder Avenue ExtensionSanitary CITY OF MERIDIAN, IDAHO NO FEE Sewer Easement Number: 1 ESMT-2023-0070 SANITARY SEWER EASEMENT THIS Easement Agreement, made this 23rd day of May , 20 23 between DWT Investments LLC, SCS Investments LLC and BVB Ten Mile Crossing Annex,LLC,("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 REV.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. [END OF TEXT; SIGNATURES TO FOLLOW: Sanitary Sewer Easement REV.01/01/2020 GRANTOR: DWT INVESTMENTS LLC an Idaho limited liability company By: Brighton Corporation, Manager By: _/�� Robert L. Phillips, President STATE OF IDAHO ) :ss. County of Ada ) On this thea5' day of Rat, in the year 2023, before me a Notary Public of said State, personally appeared Robert L. Phillips, known or identified to me to be the President of Brighton Corporation, the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the dayand year in this certificate first written above. Seal SHARIVAUGHAN L Notary Public-State of Idaho Notary Public for I o Commission Number 20181002 My Commission Expires Jun 1, 2024 My Commission Expires: GRANTOR: BVB Ten Mile Crossing Annex, LLC an Idaho limited liability company By: BV Management Services, Inc., an Idaho corporation, the Manager t By: Cortr ey Liddi d, President STATE OF IDAHO ) :ss. County of Bonneville ) On this the 06�day of April,in the year 2023,before me a Notary Public of said State,personally appeared Cortney Liddiard,known or identified to me to be the President of BV Management Services,Inc.,which corporation is the Manager of BVB Ten Mile Crossing Annex,LLC,and the Manager who subscribed said limited liability company name to the foregoing instrument,and acknowledged to me that such corporation as the Manager executed the same in said limited liability company name. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first written above. Seal BRAN LOVE COMMISSION NO. 37925 NOTARY PUBLIC STATE OF IDAHO Notary Public for Idaho MY COMMISSION EXPIRES"12r26 My Commission Expires: GRANTOR: SCS Investments LLC an Idaho limited liability company B �t Michael A. Hall, President STATE OF IDAHO ) :ss. County of Ada ) On this.11—day of 1 in the year 2023, before me a Notary Public of said State, personally appeared Michael A. Hall,known or identified to me to be the President of SCS Investments, LLC, the company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such company 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 written above. 1 Seal ctAA ju,,. SHARI VAUGHAN Notary Public for ho Notary Public-State of Idaho My Commission Expires: Commission Number 20181002 My Commission Expires Jun 1, 2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 5-23-2023 Attest by Chris Johnson, City Clerk 5-23-2023 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 5-23-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature 3-28-02028 My Commission Expires: Sanitary Sewer Easement REV.01/01/2020 km E N G I N E E R I N G May 1,2023 Project No. 19-172 S.Wayfinder Avenue Extension City of Meridian Sewer Easement Legal Description Exhibit A A parcel of land for a City of Meridian sewer easement situated in a portion of the Southwest 1/4 of the Northwest 1/4 of Section 14,Township 3 North, Range 1 West, B.M., City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at an aluminum cap marking the Northwest corner of said Southwest 1/4 of the Northwest 1/4 (North 1/16 corner), which bears N89°10'27"W a distance of 1,328.61 feet from an aluminum cap marking the Northeast corner of said Southwest 1/4 of the Northwest 1/4(Northwest 1/16 corner), thence following the northerly line of said Southwest 1/4 of the Northwest 1/4,S89°10'27"E a distance of 1,164.92 feet; Thence leaving said northerly line,S01°48'11"W a distance of 381.11 feet to POINT OF BEGINNING 1. Thence S89°26'00"E a distance of 43.00 feet to the westerly right-of-way line of S. Wayfinder Ave. and being a point herein after referred to as POINT"A"; Thence following said westerly right-of-way line,S00°33'41"W a distance of 20.00 feet; Thence leaving said westerly right-of-way line, N89°26'00"W a distance of 43.00 feet; Thence N00°34'00"E a distance of 20.00 feet to POINT OF BEGINNING 1. Said parcel contains 860 square feet, more or less. TOGETHER WITH: Commencing at a point previously referred to as POINT"A",thence S89°26'00"E a distance of 77.00 feet to POINT 0F BEGINNING 2. Thence S89°26'00"E a distance of 40.00 feet; Thence S00°34'00"W a distance of 20.00 feet; Thence N89°26'00"W a distance of 40.00 feet to the easterly right-of-way line of S. Wayfinder Ave.and being a point herein after referred to as POINT"B"; Thence following said easterly right-of-way line, N00°33'41"E a distance of 20.00 feet to POINT OF BEGINNING 2. Said parcel contains 800 square feet, more or less. TOGETHER WITH: Commencing at a point previously referred to as POINT"B",thence S15°00'20"W a distance of 333.26 feet to POINT OF BEGINNING 3. Thence S37°52'03"E a distance of 29.42 feet; Thence S52°07'57"W a distance of 20.00 feet; 9233 West State Street • Boise,Idaho 83714 • 208,639.6939 • kmengllp.com Thence N37°52'03"W a distance of 29.42 feet to the southeasterly right-of-way line of S.Wayfinder Ave. and being a point herein after referred to as POINT"C"; Thence following said southeasterly right-of-way line, 20.01 feet along the arc of a curve to the left,said curve having a radius of 240.00 feet, a delta angle of 04°46'34",a chord bearing of N52°07'57"E and a chord distance of 20.00 feet to POINT OF BEGINNING 3. Said parcel contains 586 square feet, more or less. TOGETHER WITH: Commencing at a point previously referred to as POINT"C",thence S69°20'10"W a distance of 220.53 feet to POINT OF BEGINNING 4. Thence S26°03'34"E a distance of 46.19 feet; Thence S63°56'26"W a distance of 20.00 feet; Thence N26°03'34"W a distance of 44.52 feet to the southeasterly right-of-way line of S.Wayfinder Ave. and being a point herein after referred to as POINT"D"; Thence following said southeasterly right-of-way line, 20.07 feet along the arc of a curve to the right,said curve having a radius of 260.00 feet, a delta angle of 04°25'26", a chord bearing of N59°10'18"E and a chord distance of 20.07 feet to POINT OF BEGINNING 4. Said parcel contains 910 square feet, more or less. TOGETHER WITH: Commencing at a point previously referred to as POINT"D",thence N13°43'08"W a distance of 83.82 feet to the northwesterly right-of-way line of S. Wayfinder Ave. and being POINT OF BEGINNING S. Thence following said northwesterly right-of-way line,S67°52'34"W a distance of 18.36 feet; Thence following said northwesterly right-of-way line, 1.83 feet along the arc of a curve to the left,said curve having a radius of 213.50 feet,a delta angle of 00°29'32",a chord bearing of S67°37'48"W and a chord distance of 1.83 feet to a point herein after referred to as POINT"E"; Thence leaving said northwesterly right-of-way line, N30°01'42"W a distance of 33.16 feet; Thence N59°58'18"E a distance of 20.00 feet; Thence S30°01'42"E a distance of 35.93 feet to POINT OF BEGINNING S. Said parcel contains 691 square feet, more or less. TOGETHER WITH: Commencingat a point previously referred to as POINT"E",thenceS16°56'13"W a distance of 169.53 feet to POINT OF BEGINNING 6. Thence S20°12'49"E a distance of 10.02 feet; Thence 28.60 feet along the arc of a curve to the right, said curve having a radius of 32.00 feet, a delta angle of 51°12'22",a chord bearing of S05°23'22"W and a chord distance of 27.66 feet; Thence S30°59'33"W a distance of 35.63 feet; Thence S13°41'58"W a distance of 8.41 feet; Thence S08°01'16"W a distance of 175.95 feet; PAGE 12 Thence S43°38'45"E a distance of 213.49 feet; Thence S01°24'53"W a distance of 8.99 feet to the subdivision boundary of TM Crossing Subdivision (Book 112 of Plats at Pages 16,327 through 16,330,records of Ada County,Idaho)and the southerly line of said Southwest 1/4 of the Northwest 1/4; Thence following said subdivision boundary and said southerly line, N89°11'30"W a distance of 23.03 feet; Thence leaving said subdivision boundary and said southerly line,N21°55'29"W a distance of 7.57 feet; Thence N43°38'45"W a distance of 206.36 feet; Thence N08°01'16"E a distance of 177.60 feet; Thence N72°54°28"W a distance of 5.85 feet to the southeasterly right-of-way line of S. Wayfinder Ave. and being a point herein after referred to as POINT"F"; Thence following said southeasterly right-of-way line the following three(3)courses: 1. N27°57'21"E a distance of3.41 feet; 2. 40.50 feet along the arc of a curve to the right,said curve having a radius of 310.50 feet, a delta angle of 07o28'23",a chord bearing of N26°44'16"E and a chord distance of 40.47 feet; 3. 47.78 feet along the arc of a compound curve to the right,said curve having a radius of 491.62 feet,a delta angle of 0594'05",a chord bearing of N33°15'29"E and a chord distance of 47.76 feet to POINT OF BEGINNING 6. Said parcel contains 9,553 square feet, more or less. TOGETHER WITH: Commencing at a point previously referred to as POINT"F", thence N72°54'28"W a distance of 94.17 feet to POINT OF BEGINNING 7. Thence N72°54'28"W a distance of 30.62 feet; Thence N17°05'32"E a distance of 20.00 feet; Thence S72°54'28"E a distance of 32.82 feet to the northwesterly right-of-way line of S.Wayfinder Ave.; Thence following said northwesterly right-of-way line, 20.13 feet along the arc of a curve to the left,said curve having a radius of245.50feet,a delta angle of04°41'49",a chord bearing of S23°21'42"W and a chord distance of 20.12 feet to POINT OF BEGINNING 7. Said parcel contains 632 square feet, more or less. Said description contains a total of 14,032 square feet (0.322 acres),more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. off, t s TE��d GAS a CA 12459 0 PAGE 13 POINT OF COMMENCEMENT Qj> t N 1/16 CORNER SECTION 14 & 15 +7116369'/ FOUND ALUMINUM CAP BASIS OF BEARIN C�ba�r pr U mS89'10'27"E 1328.610 ¢ 1164.92' 0 C 2 HNW 1/16 CORNER !✓ �SO 1'48'11 SECTION 14 aa) Ln .381.11' (TIFOUND ALUMINUM CAP `X LU �O SHEET 2 m a) a) Y a- � u ¢ Unplatted E j N o Unplatted DWT Investments LLC& L Q 00 DWT Investments LLC& BVB Ten Mile Crossing Annex,LLC XLU i (a BVB Ten Mile Crossing Annex,LLC m APN:51214244500 = cc APN:S1214233700 C: N z v C m a SEE SHEET 3 4- ~ 0 > U O }J n 6 N 3 U SEE SHEET 4 z s N> 3 1z S. Va ngUard Unplatted DATE: May 2023 way DWT Investments LLC PROJEO: 19-172 &BVB Ten Mile SHEET: Crossing Annex,LLC 1 OF 4 APN:S1214233678 km 0 250 500 750 ENGINEERING TM Crossing 9233 WEST STATE STREET Plan Scale: 1"=250' BOISE,IDAHO 83714 Subdivision PHONE(208)131.1139 kmengllp.mm POINT OF COMMENCEMENT N 1/16 CORNER SECTION 14 & 15 NW 1/16 CORNER FOUND ALUMINUM CAP SECTION 14 FOUND ALUMINUM CAP BASIS OF BEARING _ S89'10'27"E 1328_61' 1164.92' 163.69'CU — — — — I- � vi U J J oZS v S'I W C J Q O^ > L m 00 l' Q coE o N C/)I oo Unplatted c v �' DWT Investments LLC& O > an aBVB Ten Mile Crossing Annex, LLC Q APN: S1214244500 ca~ I S89'26'00"E P.O.B. 2 > 43.00 S89'26'00"E ' m P.O.B. 1 I POINT "A" �40.00' _ / S89'26'00"E 77.00' N00'34'00"E ¢ —— — — ——— — S00'34'00"W 20.00' (TIE) S00'33'41"W — �20.00' s [� —--- 20.00' -- - s N00'33'41"E��. } W N89'26'00"W 20.00 LN89'26'00"W 0 43.00' 40.00' CVPOINT "B" a � a m a .N o O z _ _ _L _ _ 3 MATCH LINE — SEE SHEET 3 Z 0 a 0 0 40 80 120 Plan Scale: 1" =40' lam E N G I N E E R I N G m 9233 WEST STATE STREET W BOISE,IDAHO83714 i PHONE(208)639-6939 Exhibit B kmengllp.com S. Wayfinder Avenue Extension z DATE: May 2023 a rPROIECT. 19-172 I SHEET: I City of Meridian Sewer Easement 2 OF 4 SW 1/4 NW 1/4 Sec. 14,T3N., R1W., B.M., City of Meridian, Ada County, Idaho a � MATCH LINE — SEE SHEET 2 e — ® ® ® ® ® ® o ® - ® ® ® ZO Unplatted N DWT Investments LLC& / BVB Ten Mile Crossing Annex, LLC M APN: S1214233700 o / O N59'58'18"E v� / 20.00' S30'01'42"E P.O.B. 3 / 35.93' N30'01'42"W �� P.O.B. 5 / S37'52'03"E 33.16'� flay{index Ave POINT "C"_� G� •\/-29.42' POINT "E„ ,. 5 `�\E)// \ N 13'43'08"W 2 5 j / C3 \ 83.82' (TIE) 2- , / \� P.0.6. 4 .20 1�� N37'52'03"W 20.00'S52*0 57"W S69 29.42 Unplatted o•/ POINT "D" \ DWT Investments LLC& BVB Ten Mile Crossing Annex, LLC / S26'03'34"E APN: S1214233678 / 46.19' / \ LINE TABLE LINE BEARING DISTANCE N26'03'34"W S63'56'26"W ti1,gTc` 44.52' 20.00' L1 S67'52'34"W 18.36 s y C/NFL� m � � o SFE CURVE TABLE < 4 CURVE RADIUS LENGTH DELTA CHORD BRG CHORD 3 C1 240.00' 20.01' 4'46'34" N52'07'57"E 20,00' 5 C2 260.00' 20.07' 4'25'26" N59'10'18"E 20.07' a W 3 C3 213.50' 1.83' 0'29'32" S67'37'48"W 1.83' Z a 0 z 0 60 120 180 0 Plan Scale: 1"= 60' N n E N G I N E E R I N G m 9233 WEST STATE STREET W BOISE,IDAHOB3714 W PHONE(2081)139.1939 I Exhibit B kmenglip.com c S. Wayfinder Avenue Extension 5) t DATE: May 2023 11—P—I®JECT: 19-172 SHEET: City of Meridian Sewer Easement 3 OF 4 1 SW 1/4 NW 1/4 Sec. 14, T3N., R1W., B.M., City of Meridian, Ada County, Idaho MATCH LINE — SEE SHEET 3 0 S16'56'13"W v -0 Unplatted ? 169.53' (TIE) cv y DWT Investments LLC& a� P.O.B. 6 BVB Ten Mile Crossing Annex,LLC S72-54'28"E —_S20'12'49"E u APN:S1214233700 32,82'� �D 10.02' N17*05321.E (� 7 V� O c 20.00'_' C7 p(v � b in a �i P.O.B. 7 Y 00 aj � o 11 N72'54'28"W LS L4 G fu v 30.62' (r/ — �S30'59'33"W ix ul 35.63' — i 0 03 POINT "F" I y I S13'41'58"W 00 u N72'54'28"W I I u) 8.41' O M +_ a 5.85' ( I� 00 a aj Ln Q � w x " `� s I I LL' a c \ a"let, Unplatted alvay N08'01'16"E I I ' DWT Investments LLC 5 177.60' I I o &BVB Ten Mile O ~ I IEo Crossing Annex,LLC > O � o I I APN:S1214233678 v N 4' LINE TABLE U i LINE BEARING DISTANCE \\\\ s Z L3 N21'55'29"W 7.57 \\\��, 3 L4 N27'48'21"E 3.41 N < L5 N72'54'28"W 94.17 \ \ e \2 DATE: May 2023 N43'38'45"W \\ \,\R91 PROJECT: 19-172 CURVE TABLE 206.36' \\ \ SHEET: \ \\ S01'24'53"W 4 OF 4 CURVE RADIUS LENGTH DELTA CHORD BRG CHORD \ $99' C4 32.00' 28.60' 51'12'22" S5'23'22"W 27.66' L3 N89*1 1'30"W C5 310.50' 40.50' 7-28'23" N26-44'16"E 40.47' 23.0 23.03' C6 491.62' 47.78' 5-34'05" N33-15'29"E 47.76' \ \ TM Crossing lam gEN G I N E E R I N GSUbdlvisioC7 245.50' 20.13' 4-41'49' 9233WESTSTATESTREET' ' ' ' BOISE,IDAHO 83714 PHONE(2081 639-6939 kmengllp.cam E IDIAN --- AGENDA ITEM ITEM TOPIC: S. Wayfinder Avenue Extension Water Main Easement No. 1 ESMT-2023- 0069 roiect Name{Subdivision ADA COUNTY RECORDER Trent Tripple 2023-029598 S.Wavfinder Avenue Extension BOISE IDAHO Pgs=11 VICTORIA BAILEY 05/24/2023 08:15 AM Wier Main Easement Number: CITY OF MERIDIAN, IDAHO NO FEE 1 ESMT-2023-0069 WATER MAIN EASEMENT THIS Easement Agreement, made this 23 day of May 20 23 between DWT Investments LLC, SCS Investments LLC and BVB Ten Mile Crossing Annex,LLC,("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 ) 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. [END OF TEXT; SIGNATURES TO FOLLOW] Water Main Easement Version 01/01/2020 GRANTOR: DWT INVESTMENTS LLC an Idaho limited liability company By: Brighton Corporation, Manager By: Ro ert liillips, President STATE OF IDAHO ) :ss. County of Ada ) ^� w On this the day of NIuM, in the year 2023, before me a Notary Public of said State, personally appeared Robert L. Phillips, known or identified to me to be the President of Brighton Corporation, the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the dayand year in this certificate first written above. Seal 5HARI VAUGHAN 11� Notary Public-State of Idaho Notary Public for ho / Commission Number 20181002 My Commission Expires: My Commission Expires Jun 1, 2024 GRANTOR: BVB Ten Mile Crossing Annex, LLC an Idaho limited liability company By: BV Management Services,Inc., an Idaho corporation,the Manager o By: Cortn4 Liddiard,President STATE OF IDAHO ) :ss. County of Bonneville ) On this the aC;'�`day of April,in the year 2023,before me a Notary Public of said State,personally appeared Cortney Liddiard,known or identified to me to be the President of BV Management Services,Inc.,which corporation is the Manager of BVB Ten Mile Crossing Annex,LLC,and the Manager who subscribed said limited liability company name to the foregoing instrument,and acknowledged to me that such corporation as the Manager executed the same in said limited liability company name. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first written above. Seal - BRANDI LOVE COMMISSION NO.37925 NOTARY PUBLIC STATE OF IDAHO lip My COMMISSION EXPIRES O4112/263 Notary Public for Idaho - - - - My Commission Expires: GaCs GRANTOR: SCS Investments LLC an Idaho limited liability company By: �44 j44/4 Michael A. Ffall, President STATE OF IDAHO ) :ss. County of Ada ) S On this dayof pr:I, in'/the year 2023,before me a Notary Public of said State, personally appeared Michael A. Hall,known or identified to me to be the President of SCS Investments, LLC, the company that executed the instrument or the person who executed the instrument on behalf of said company, and acknowledged to me that such company 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 written above. Seal aLV SHARI VAUGHAN Notary Public faho Notary Public-State of Idaho My Commission Expires: (Q- (" 'a0 a4 Commission Number 20181002 My Commission Expires Jun 1,2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 5-23-2023 Attest by Chris Johnson, City Clerk 5-23-2023 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 5-23-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-1968 Water Main Easement Version 01/01/2020 km E N G I N E E R I N G April 18,2023 Project No.19-172 S.WayfinderAvenue Extension City of Meridian Water Easement Legal Description Exhibit A A parcel of land for a City of Meridian water easement situated in a portion of the Southwest 1/4 of the Northwest 1/4 of Section 14,Township 3 North, Range 1 West, B.M.,City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at an aluminum cap marking the Northwest corner of said Southwest 1/4 of the Northwest 1/4 (North 1/16 corner),which bears N89°10'27"W a distance of 1,328.61 feet from an aluminum cap marking the Northeast corner of said Southwest 1/4 of the Northwest 1/4(Northwest 1/16 corner),thence following the northerly line of said Southwest 1/4 of the Northwest 1/4,S89°10'27"E a distance of 1,164.85 feet; Thence leaving said northerly line,S00°49'33"W a distance of 365.02 feet to POINT OF BEGINNING 1. Thence S89°26'00"E a distance of 36.50 feet to the westerly right-of-way line of S.Wayfinder Ave. and being a point herein after referred to as POINT"A"; Thence following said westerly right-of-way line,S00°33'41"W a distance of 20.00 feet; Thence leaving said westerly right-of-way line,N89°26'00"W a distance of 36.50 feet to a point herein after referred to as POINT"B"; Thence N00°34'00"E a distance of 20.00 feet to POINT OF BEGINNING 1. Said parcel contains 730 square feet,more or less. TOGETHER WITH: Commencing at a point previously referred to as POINT"A",thence S89°26'00"E a distance of 77.00 feet to POINT OF BEGINNING 2. Thence S89°26'00"E a distance of 33.50 feet; Thence S00°34'00"W a distance of 20.00 feet; Thence N89°26'00"W a distance of 33.50 feet to the easterly right-of-way line of S.Wayfinder Ave.; Thence following said easterly right-of-way line,N00°33'41"E a distance of 20.00 feet to POINT OF BEGINNING 2. Said parcel contains 670 square feet, more or less. TOGETHER WITH: Commencing at a point previously described as POINT"B",thenceS36°43'59"W a distance of 402.22 feet to POINT OF BEGINNING 3. Thence S35°25'56"E a distance of 37.15 feet to the northwesterly right-of-way line of S. Wayfinder Ave. and being a point herein after referred to as POINT"C"; 9233 West State Street • Boise,Idaho 83714 • 208.639.6939 • kmengllp.com Thence following said northwesterly right-of-way line,S67°52'34"W a distance of 20.55 feet; Thence leaving said northwesterly right-of-way line,N35°25'56"W a distance of 32.42 feet; Thence N54°34'04"E a distance of 20.00 feet to POINT OF BEGINNING 3. Said parcel contains 696 square feet, more or less. TOGETHER WITH: Commencing at a point previously described as POINT "C", thence S32°34'21"E a distance of 79.67 feet to POINT OF BEGINNING 4. Thence S25°40'56"E a distance of 38.12 feet; Thence S64°19'04"W a distance of 20.00 feet; Thence N25°40'56"W a distance of 37.96 feet to the southeasterly right-of-way line of S.WayfinderAve.; Thence following said southeasterly right-of-way line,20.01 feet along the arc of a curve to the right,said curve having a radius of 260.00 feet,a delta angle of 04°24'31",a chord bearing of N63°50'06"E and a chord distance of 20.00 feet to POINT OF BEGINNING 4. Said parcel contains 763 feet, more or less. Said description contains a total of 2,859 square feet,more or less,and is subjectto all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. a a12459 , �� OF 1� �{•!B• �-023 PAGE 2 POINT OF COMMENCEMENT j t N 1/16 CORNER SECTION 14 & 15 a FOUND ALUMINUM CAP ar r y C C W. U° BASIS OF BEARIN COba/tDl � w fAr S89-10-27"E 1328.61' 1164.85' O ,,; C Q — — — — — 163.76'® c I� NW 1/16 CORNER C: 41 a vi S00'49'33"W SECTION 14 a1 L 381.02' (TIE) FOUND ALUMINUM CAP `X W 1.. O I 4 m m SEE SHEET 2 4- rp a'I Unplatted Unplatted o DWT Investments LLC ..0 Q C° DWT Investments LLC S APN:S1214244500 X L s APN:S1214233700 w rn � � z s SEE SHEET 3� j O c } U t 0J Li !n U o � z � g z a � 3 S V ti a dn6'�7rd Unplatted DATE: Aprl12023 waY DWT Investments LLC PROJECT: 19-172 APN:S1214233678 SHEET: 1 OF 3 s 0 250 500 750 3 — E IN I IN E R I IN TM Crossing 9233 WEST STATE STREET Subdivision Plan Scale:1"=250' PHOINE112D08�96- ' � kmengllp.com POINT OF COMMENCEMENT N 1/16 CORNER SECTION 14 & 15 NW 1/16 CORNER FOUND ALUMINUM CAP SECTION 14 FOUND ALUMINUM CAP BASIS OF BEARING S89'10'27"E 1328_61' 1164.85' — 163.76' vi �Iw a, _ N Unplatted o I Ld Unplatted DWT Investments LLC U) ;° 3; DWT Investments LLC APN:S1214233700 vi APN:S1214244500 P.O.B. 1 I POINT "A" P.O.B. 2 S89'26'00"E_77.00' L_4 N00'34'00"E_ T (TIE) —'� S00'34'00"W 20.00' �y 1f 20.00' I POINT "B" 4 L3 a / o j/ IN89*26'00"W 33.50' W r N �/ c ♦ �0 / s ♦ �^�// LINETABLE m ♦ 'SRO/ LINE BEARING DISTANCE o ♦ Gj/ MATCH LINE - SEE SHEET 3 $ ♦ / L1 S89'26'00"E 36.50 3 ♦ z ♦ L2 SO'33'41"W 20.00 ♦ L3 N89-26.00-W 36.50 °` ♦ L4 S89'26'00"E 33.50 3 ` y L5 NO'33'41"E 20.00 a � c s 0 0 40 80 120 Plan Scale: 1"=40' N Ion E N G I N E E I2 I N G 9233 WEST STATE STREET BOISE,IDAHO83714 PHONE 1208)639.6939 , Exhibit B kmengllp.com S. Wayfinder Avenue Extension ■ i DATE April2023 a PIDJ� 19.172 h I SHEET: City of Meridian Water Easement 2 OF 3 SW 1/4 NW 1/4 Sec. 14,T3N., R1W., B.M., City of Meridian, Ada County, Idaho MATCH LINE - SEE SHEET 2 _ — _ — _ , ...; % D / h0 / Unplatted DWT Investments LLC /P.O.B. 3 APN: S1214233700 / N54'34'04"E / S35'25'56"E 20.00' ,(Y 37.15' N35'25'56"W� =POINT "C" S. Way{finder Pve 32.42' \�, LO\`r'• .0\0. S67'52'34"W \r'as P.O.B. 4 20.55' Unplatted G S25'40'56"E DWT Investments LLC I �38.12' APN:S1214233678 o � M 0 n m N25'40'56"W �S64'19'04"W 1 37.96' 20.00' d CURVE TABLE 3 CURVE RADIUS LENGTH DELTA CHORD BRG CHORD 0 C1 260.00' 20.01' 4'24'31" N63'50'06"E 20.00' w a 3 'o 0 60 120 180 0 Plan Scale: 1" =60' Ion n .-1 QI '1 g E N G I N E E R I N G m 9233 WEST STATE STREET X BOISE,IDAHO83714 " PHONE(208)639.6939 Exhibit B kmengllp.cort, S. Wayfinder Avenue Extension DATE: April 2023 F P^JECr: 19-1!4 SHEET: City of Meridian Water Easement 3 OF 3 I SW 1/4 NW 1/4 Sec. 14, T3N., RIK, B.M., City of Meridian, Ada County, Idaho E IDIAN --- AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for King's Congregation Church (H-2023- 0013) by Glancey Rockwell &Associates, located at 1150 E. Pienza St. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW C�fIENty AND DECISION&ORDER In the Matter of the Request for Modification to the Existing Development Agreement(Instrument #109088809,AZ-08-014)to Include an Updated Conceptual Development Plan&Building Elevations for the Site and Modification to Provision#5.1.6,by Glancey Rockwell&Associates. Case No(s). H-2023-0013 For the City Council Hearing Date of. May 9,2023 (Findings on May 23,2023) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 9,2023,incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 9,2023,incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 9,2023, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of May 9,2023,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(LC. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 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 Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR KING'S CONGREGATION CHURCH-MDA H-2023-0013 -1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 9,2023,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 modification to the existing Development Agreement is hereby approved per the provisions in the Staff Report for the hearing date of May 9,2023,attached as Exhibit A. D. Notice of Applicable Time Limits 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 67-6511A. 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 § 67-652 1(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 May 9,2023 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR KING'S CONGREGATION CHURCH-MDA H-2023-0013 -2- By action of the City Council at its regular meeting held on the 23rd day of May 2023. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOHN OVERTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 5-23-2023 Attest: Chris Johnson 5-23-2023 City Clerk Copy served upon Applicant,Community Development Department,Public Works Department and City Attorney. By: Dated: 5-23-2023 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR KING'S CONGREGATION CHURCH-MDA H-2023-0013 -3- EXHIBIT A STAFF REPORT E I COMMUNITY DEVELOPMENT DEPARTMENT HEARING 5/9/2023 I'l Legend DATE: I- () (Project Loon-fian TO: Mayor&City Council FROAM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: King's Congregation Church-MDA _EMV1 M_ Ry- D 1-1-2023-0013 LOCATION: 1150 E. Pienza St.,in the NE 1/4 of Section 30,T.3N.,R.IE. (Parcel 9SI130120725) L JIM, 1. PROJECT DESCRIPTION Modification to the existing Development Agreement(AZ-08-014 -Inst. 4109088809)to update the conceptual development plan&building elevations for the site. 11. SUMMARY OF REPORT A. Applicant: Ryan McColly,Glancey Rockwell and Assoc.— 1257 W. River St., Ste. 110, Boise, ID 83 702 B. Owner: King's Congregation Church— 1150 E. Pienza St.,Meridian,ID 83642 C. Representative: Same as Applicant 111. NOTICING City Council Posting Date Notification published in 4 newspaper /23/2023 Notification mailed to property 4/21/2023 owners within 300 feet Applicant posted public hearing notice on site 3/4/2023 Page 1 EXHIBIT A Nextdoor posting 4/21/2023 IV. STAFF ANALYSIS The Applicant requests a modification to the existing DA(Inst. #109088809)to update the conceptual development plan&building elevations for the site and modify provision 95.1.6. The original DA was required with annexation(AZ-08-014) of the property and included a plan for the first and second phases of development. The first phase included improvements to the existing 7,000 square foot(s.f) church building,removal of the access point via E.Victory Rd.,a paved 41- space parking lot with an emergency turnaround for the Fire Dept. off of Pienza St.,the installation of a landscaped street buffer along E.Victory Rd. and a pressurized irrigation system. The second phase was for a new 42,500 s.f. church building on the site with an additional 52 parking spaces and associated landscaping.See Section VIA below. The Applicant proposes to reduce the size of the new building from 42,500 to 7,400 s.f. as it exceeds the current needs of the church and change its location on the site. The existing building will remain along with some of the existing parking.Parking is proposed where the new building was previously proposed to be located on the southern end of the site. The design and building materials of the new building is proposed to change from a 2-story to a single-story and will include a dark gray asphalt shingled roof instead of a blue metal roof,white horizontal siding instead of stucco and stone veneer wainscot with a white steeple.Although the proposed roofing material/color and siding materials differ from the existing structure,the main color, stone wainscot and roof pitch of the buildings are generally compatible and should be compatible with adjacent residential structures. Final design is required to comply with the design standards in the Architectural Standards Manual. See Section VIB below. A change is also proposed to DA provision 95.1.6,as follows: "Direct access to Victory Road is prohibited. Access to this site shall be provided from E.Pienza Street and S.Mesa Way.All other access points to/from the site are prohibited unless approved by ACHD and the City of Meridian." See Section VI.B below. The previous development plan did not have an access via S.Mesa Way as the street had not been constructed at that time. The proposed access via Mesa Way will provide better connectivity and access with adjacent developments and streets. The"jog"in the access points from Mesa Way and Pienza St. should assist in slowing traffic and reducing cut-through traffic through the site. The off-street parking proposed for the development exceeds the standards in UDC 11-3C-6 by 74 spaces.Based on the overall square footage of the buildings (i.e. 14,329 s.f),a minimum of 28 spaces are required; a total of 103 spaces are proposed. The site design is required to comply with all applicable UDC standards. A detailed review of the site plan,landscape plan and building elevations will take place with the Certificate of Zoning Compliance and Design Review applications prior to submittal of a building permit application. V. DECISION A. Staff: Staff recommends approval of the proposed modification to the DA with the changes noted in Section VLB as discussed above in Section IV. B. The Meridian City Council heard this item on May 9, 2023. At the public hearing.the Council moved to approve the subject MDA request. 1. Summary of the City Council public hearing: Page 2 EXHIBIT A a. In favor: Ryan McColly,Applicant's Representative b. In opposition: None C. Commenting: Mike Bierman d. Written testimony: Ryan McColly,Applicant's Representative (in agreement with staff report) C. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. Questions pertaining to if Pienza St. is going to be extended through the site to Mesa Way and the height of the proposed structure. 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation. a. None Page 3 EXHIBIT A VI. EXHIBITS A. Existing Master Conceptual Development Plan,Building Elevations&Development Agreement Provisions KINGS CONGREGA'I'PONHASEQry RpC - MASTER CONCEPT PLAN TWO PROPOSAL PRLLIMINARY SITE PLAN APPLICATION ANNEXATION 8 CERTWICATE OF ZONING COMPLIANCE NOVEMBER 19.2908 Laved Ilu ---------- � - - - - - - - - - - - .3 - . •_ - - - --- - - - �— -- •raol osa.. —_ s—--—— ylo[EifL:rMIY�'.e MERZZ4N^IDlNO V0.�%CI.SECAIN�%<i[fIN F71f1Y.t�A COLNLY � crnuMCRlerwuam I 7 .. � wrn+aEvnawFvr.weExan JOC ITN1W-.F Mill!NE41%RECN[IIED CE27FICATE OF ZOWM CDWUO<t IV-L+:ZONE AW I:O' 4 lsitl 1'f A WAS ONE I -nxl bE rw8 - EfSS UQ 2UI:DIN6:7,D]C16515X'&LEIELS] i �. , -4.__ J -----^-•ru a. R'O1tCEOFAARW' — - - —'mw"° fill W5-INS RJL.DINS: xc YCIAO XIEL'_1 RR P'QSED MA%EMi,4M.ALL4wgLE"rLDING+-75 R iSF IA.LLgFSI W F<L WLDI,4 99.IW 09F PAWWREquIRED.94111P7-bSf: I I q _ - — $ ��•—Ywvw X"rVFRO97DEC� I '•� - — - — �NA9q" 41 405E Ixn 5?4W'L AU4,N ADD.A<x 'I. _ •— \ /��/�Ji�llVi •,.�'•�• 47T<LRMFED:9?M7:./99M•% o /' I �- bA' JY'i'+.eiuw! 11 -_- ,,, ,,.w .1 �., 1 J IuI Ih `I slam tiuoa:. _ _ _ lon ma - I Pal "t 1 Page 4 EXHIBIT A Phase 1: THE KING'S CONGREGATION CREC-MASTER CONCEPT PLAN 1118108 THE KING'S CONGREGATION CREC-MASTER CONCEPT PLAN 11/18/08 P E ONE-PROPOSED NEW COLOR SCHEME-BLUE METAL ROOF EXSISTING PbPE ONE-PROPOSED NEW COLOR SCHEME-BLUE METAL ROOF EXSISTING N TION One of Eiqht Two of Eight THE KING'S CONGREGATION CREC-MASTER CONCEPT PLAN 11/18/08 THE KING'S CONGREGATION CREC-MASTER CONCEPT PLAN 11/18/08 01 li I " - - 7q PHASE ONE-PROPOSED NEW COLOR SCHEME-BLUE METAL ROOF EXSISTING tNGE SE ONE-PROPOSED NEW COLOR SCHEME-BLUE METAL ROOF EXSISTING �-EAST ELEVATION(CONCEPT ONLY-NOT FIELD VERIFIED) BUILDING-WEST ELEVATION(CONCEPT ONLY-NOT FIELD VERIFIED) Three of Eight Four of Eight - Page 5 — EXHIBIT A Phase 2: THE KINGS CONGREGATION CREC—MASTER CONCEPT PLAN 11/18/08 THE KING'S CONGREGATION CREC—MASTER CONCEPT PLAN 11/18/08 ■ ■ ■ ■ ■ � e�e000000� PHASE TWO—PROPOSED NEW BUILDING P E TWO—PROPOSED NEW BUILDING N�UILDING—EA N SAN�UILDING—WEST ELEVATION(CONCEPT ONLY) Five of Eight Six of Eight THE KING'S CONGREGATION CREC—MASTER CONCEPT PLAN 11/18/08 THE KING'S CONGREGATION CREC—MASTER CONCEPT PLAN 11/18/08 07- T� �,l 7R17 PHASE TWO—PROPOSED NEW BUILDING PHASE TWO—PROPOSED NEW BUILDING NEW SANCTUARY BUILDING—SOUTH ELEVATION(CONCEPT ONLY) NEW SANCTUARY BUILDING—NORTH ELEVATION(COMBINED) Seven of Eight Eight of Eight Page 6 EXHIBIT A Existing Development Agreement Provisions(Inst. 4109088809) 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code§ 11-2B. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. The applicant shall be responsible for the construction and installation of, and all costs associated with, the sewer and water service extension and connection to such City services. 2. Any and all existing domestic wells and/or septic systems within this project will have to be removed from their domestic service,per City Ordinance Section 5-7-517,when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 3. No signs are approved with the subject annexation approval. All business signs will require a separate sign permit in compliance with UDC 11-3D. 4. Construct a minimum 5-foot wide detached sidewalk along Victory Road, as proposed on the "Conceptual Master Plan" attached as Exhibit A.2 of the Staff Report prior to issuance of certificate of occupancy for the existing church building in"Phase l",as defined in the Conceptual Master Plan. 5. The existing driveway accesses to Victory Road shall be removed prior to issuance of Certificate of Occupancy for the existing church building in Phase 1. 6. Direct access to Victory Road is prohibited. Access to this site shall be provided from E. Pienza Street. All other access points to/from the site are prohibited unless approved by ACHD and the City of Meridian. 7. Provide a pedestrian pathway through this site for interconnectivity between Tuscany Village Subdivision and Cavanaugh Subdivision and for access to the future school site to the west,as depicted on the Conceptual Master Plan. Said pathway shall be constructed prior to issuance of Certificate of Occupancy for the existing church building in Phase 1. 8. A minimum 25-foot wide street buffer shall be installed adjacent to Victory Road in compliance with the standards listed in UDC 11-3B- 7C. Said buffer shall be installed prior to issuance of a Certificate of Occupancy for the existing church building in Phase 1. Page 7 EXHIBIT A 9. A minimum 10-foot wide street buffer shall be installed adjacent to Mesa Way in compliance with the standards listed in UDC 11-313-7C. Said buffer shall be constructed with each phase of development,as depicted on the Conceptual Master Plan,prior to release of Certificate of Occupancy for each structure. 10. A minimum 20-foot wide landscape buffer shall be installed along the southern end of the west property boundary,and the south and east property boundaries adjacent to residential uses,in compliance with the standards listed in UDC 11-313-9C. Said buffer shall be constructed with each phase of development, as depicted on the Conceptual Master Plan, prior to the Certificate of Occupancy for each structure. 11. The Applicant shall comply with the tree preservation standards listed in UDC 11-3B-10 for protection of existing trees that are proposed to be retained and existing trees 4-inch caliper and greater that are proposed to be removed. 12. Development of this site shall substantially comply with the Conceptual Master Plan and building elevations, including construction materials, submitted with the subject annexation application included as Exhibits A.2, A.3, and A.4 of the Staff Report. 13. Development of this site shall comply with the current design standards in effect at the time of Certificate of Zoning Compliance. 14. A Certificate of Zoning Compliance (CZC) that meets the requirements herein is required for approval of the existing church use,prior to release of Certificate of Occupancy for the structure in phase 1. Another CZC will be required for Phase 2 of the development,as set forth in the Conceptual Master Plan. 15. The applicant shall bring the exiting systems in the existing building up to current International Fire Code standards,prior to issuance of Certificate of Occupancy for the change in use of the building. Page 8 EXHIBIT A B. Proposed Conceptual Development Plan,Building Elevations&Change Development Agreement Provision 95.1.6 •}--- -------------------------------- i i --------- ------------ i� I I e ---------- — l I I I I c i•, /�J - -- -- - _ - --- -------1__-- ceaa mcr I � #i --------- ----- — mmmmomioo i a � 1 I i - I I, L-- ------------------------'---- -------- N L KINGS CONGREGATION Glancey Rockwell&Acsociai,. e O m o 3 A chla�auia.Pl—i.. CHURCH s yy 1150EPwfn SI ID 9MM2 Page 9 EXHIBIT A T T g F � 9 m � Z West Elevation North Elevation W 2„g Z 7wg O=- U U'� N C7 Z F � Y F - �COWRIGM 2123 Elevations East Elevation South Elevation A-2.01 L L L L L The Applicant proposes the following change to Development Agreement provision 95.1.6: "Direct access to Victory Road is prohibited.Access to this site shall be provided from E. Pienza Street and S.Mesa Way. All other access points to/from the site are prohibited unless approved by ACHD and the City of Meridian." Note:All other provisions remain the same; no other changes are proposed. Page 10 E IDIAN --- AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Modern Craftsman Franklin (H-2022- 0079) by Horrocks Engineers, Inc., located at 4540, 4490 &4420 W. Franklin Rd., approximately 1/4 mile east of the northeast corner of W. Franklin Rd. and N. Black Cat Rd. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW C�fIENty AND DECISION&ORDER In the Matter of the Request for Modification to the Existing Development Agreement(Instrument #2020-117678)to Remove the Property at 4540 W.Franklin Road from the Agreement for the Purpose of Including it in the Subject Multi-family Development;Annexation and Zoning of 10.29- acres of Land with an R-15 (Medium High-density Residential)Zoning District; Preliminary Plat Consisting of One(1)Building Lot and One(1) Other Lot on 11.47-acres of Land in the R-15 Zoning District; Conditional Use Permit for a Multi-family Development Consisting of 122 Dwelling Units on 11.47-acres of Land in the R-15 Zoning District; and Internal Private Streets for Modern Craftsman Franklin Subdivision,by Horrocks Engineers,Inc. Case No(s). H-2022-0079 For the City Council Hearing Date of: May 9,2023 (Findings on May 23,2023) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 9,2023,incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 9, 2023, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 9,2023, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of May 9,2023,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(LC. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR MODERN CRAFTSMAN FRANKLIN-AZ CUP MDA PP PS H-2022-0079 -I - 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 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 May 9,2023,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 a modification to the existing development agreement, annexation &zoning,conditional use permit and preliminary plat is hereby approved per the provisions in the Staff Report for the hearing date of May 9,2023,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 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted.With all extensions,the Director or City Council may require the preliminary plat,combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR MODERN CRAFTSMAN FRANKLIN-AZ CUP MDA PP PS H-2022-0079 -2- conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.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 I I(UDC 11-513-61F). 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 67-6511A. 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 § 67-652 1(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 May 9,2023 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR MODERN CRAFTSMAN FRANKLIN-AZ CUP MDA PP PS H-2022-0079 -3- By action of the City Council at its regular meeting held on the 23 day of May 2023. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOHN OVERTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E.Simison 5-23-2023 Attest: Chris Johnson 5-23-2023 City Clerk Copy served upon Applicant,Community Development Department,Public Works Department and City Attorney. By: Dated: 5-23-2023 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR MODERN CRAFTSMAN FRANKLIN-AZ CUP MDA PP PS H-2022-0079 -4- EXHIBIT A STAFF REPORT E COMMUNITY DEVELOPMENTDEVELOPMENT DEPARTMENT HEARING May 9,2023 Legend ` LMH DATE: IdProact Lacaian TO: Mayor&City Council -'j x _ r FROM: Sonya Allen,Associate Planner - 208-884-5533 SUBJECT: Modern Craftsman Franklin AZ, CUP, MDA,PP,PS H-2022-0079 (aka Colorado Ridge) _ LOCATION: 4540,4490,&4420 W.Franklin Road, approximately 1/4 mile east of the _ _ ___ _ �� k northeast corner of W.Franklin Road ande '= or N. Black Cat Road,in the SW 1/4 of / Section 10,Township 3N,Range 1 W. , (Parcel9S1210336521; 9S1210336450; 4S1210336405) L PROJECT DESCRIPTION Modification to the existing Development Agreement(MDA) (Inst. 92020-117678)to remove the property at 4540 W. Franklin Road from the agreement for the purpose of including it in the proposed multi-family development;Annexation(AZ)of 10.29-acres of land with an R-15 (medium high-density residential) zoning district;Preliminary Plat(PP)consisting of one (1)building lot and one(1)other lot on 11.47 acres of land in the R-15 zoning district; Conditional Use Permit(CUP)for a multi-family development consisting of 122 dwelling units on 11.47 acres of land in the R-15 zoning district; and internal private streets(PS) for Modern Craftsman Franklin Subdivision. IL SUMMARY OF REPORT A. Project Summary Description Details Acreage 11.47 acres Future Land Use Designation Medium-High Density Residential(MHDR)in the Ten Mile Interchange Specific Area Plan(TMISAP) Existing Land Use Single-family rural residential(SFR) Proposed Land Use(s) Multi-family residential development(MFR) Current Zoning Rural Urban Transition(RUT)in Ada County&R-15 in the City Proposed Zoning R-15 Lots(9 and type;bldg/common) 1 building/1 common lot Phasing plan(9 of phases) 1 phase Page 1 Number of Residential Units(type 122 multi-family units(single-family detached&attached/duplex and of units) townhome style units) Density(gross&net) 10.64 units/acre(gross) Open Space(acres,total[%]/ Revisions are needed to the common open space exhibit buffer/qualified) Amenities Clubhouse,dog park,community garden; swimming pool,internal walking trails,children's play structure and charging stations for electric vehicles. Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date 9/28/2022 History(previous approvals) A-2020-0164(ROS#12525-Parcel B);H-2020-0042(Compass Charter School East Expansion Ord.20-1895;DA Inst.#2020-117678) B. Community Metric Description Details Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action (yes/no) Traffic Impact Stud ( es/no) Yes Access(Arterial/Collectors/State One access is proposed via W.Aviator St.,a collector street,at the northern Hwy/Local)(Existing and Proposed) boundary;and one access is proposed via N.Moshova Ave.,a local street, from W.Franklin Rd.at the southwest comer of the site. Traffic Level of Service Roadway Frontage Functional PM Peak Hour PM Peak Hour Classification Traffic Count Level of Service Franklin Road 618-feet Principal Arterial 793 Better than"D" Aviator Street 67-feet Collector 433 "E" Acceptable level of service for a five-lane principal arterial is"E"(1,780 VPH). Acceptable level of service for a two-lane collector is"D"(425 VPH). Stub Street/Interconnectivity/ W.Aviator St.stubs to the property's west boundary at the north end of the site. Cross Access Existing Road Network W.Franklin Rd.,an arterial street,runs along the southern boundary of the site; W.Aviator St.,a collector street,stubs to the southwest corner of the site. Existing Arterial Sidewalks/Buffers A detached sidewalk exists along Franklin Rd.on the western portion of the site that transitions to an attached sidewalk on the eastern portion of the site.No street buffers exist on this site. Proposed Road Improvements Page 2 Capital Improvements Plan(CIP)/Integrated Five Year Work Plan(IFYWP): There are no roadways,bridges or intersections in the general vicinity of the project that are in the Integrated Five Year Work Plan(IFYWP). • Franklin Road is scheduled in the IFYWP to be widened to 5-lanes from McDermott Road to Black Cat Road with the design year in 2026 and the construction date has not been determined. • Black Cat Road is listed in the CIP to be widened to 5-lanes from Franklin Road to Cherry Lane between 2031 and 2035. • Black Cat Road is listed in the CIP to be widened to 5-lanes from Overland Road to Franklin Road between 2036 and 2040. Traffic Impact Stud ( es/no) Yes Fire Service • Distance to Fire Station 2.6 miles from Station#2 • Fire Response Time Falls outside of the 5-minute response time goal • Resource Reliability 85%(above the targeted goal of 80%) • Accessibility This project meets all required access,road widths,and turnarounds as presented in the preliminary plat. • Additional See Fire comments in the link provided below under Section IX.I. Comments/Concerns Police Service • Distance to Fire Station 4 miles from Meridian Police Department • Fire Response Time Expected response time is 4:17 minutes;Average emergency response time is 3:46 minutes for City of Meridian • Accessibility If Applicable,any climate-controlled multi-family developments,the Meridian Police Department required police access into each building's entry point using a multi-technology keypad per UDC 11-4-3-27G. See Meridian Police Department Staff Report in the link provided below under Section IX.D. West Ada School District Distance(elem,ms,Its) Approved MF units Pro ected Approved lots per per attendance Students from Capacity of Schools Enrollment Ca aci attendance area area Approved Dev. #of Students Enrolled Chaparral Elementary 494 700 618 3650 275 Meridian Middle School 1064 1250 656 2947 147 Meridian High School 1718 2075 3560 3613 607 School of Choice Options Chief Joseph Elementary—Arts 526 700 N/A N/A Barbara Morgan STEM Academy 417 500 N/A N/A #of students estimated for this 20 development Wastewater • Wastewater Modeling -Additional 1,350 gpd committed to model.WRRF decline balance is 14.5 MGD • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns See Public Works Site Specific Conditions Water • Distance to Services • Pressure Zone 1 • Estimated Project Water ERU's • Water Quality Concerns Each Phase will need to be modeled independently to verify adequate pressure. • Project Consistent with Water Yes Master Plan • Impacts/Concerns See Public Works' Site-Specific Conditions Page 3 C. Project Maps Future Land Use Map Aerial Map Legend ® Legend ProjectLocotc. _ � IPro.=. Loca�on u ri 'ti -1 IST Hig E ic er t Low-D S, 1 Emplcymenehsity+ k ' TReii ential MU,Rer Zoning Map q p Planned Development M�app Legend Legend Wi� � � � Project Lacaiian R llm R=$ letPrcoct Locoiarr - - •�_ � — PloCity Umds nned Parcels _ --- R-, R=13 -G -- --- RUT R1 � RUT !N ►y�� Tl R 6C-N M-E R 2 Rr Ry1 , TLR7% R X.fS, — RUT- -------- ----- ~ I- RUT - S TN-C III. APPLICANT INFORMATION A. Applicant: Kindi Moosman,Horrocks Engineers,Inc.—2775 W.Navigator Dr., Ste. 210,Meridian,ID 83642 B. Owner: BPS Franklin Road, LLC— 1401 171h Street, Suite 700,Denver,CO 80202 Page 4 C. Representative: Same as Applicant IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 3/22/2023 4/23/2023 Radius notification mailed to property owners within 500 feet 3/16/2023 4/21/2023 Public hearing notice sign posted 3/22/2023 4/20/2023 on site Nextdoor posting 3/16/2023 4/21/2023 V. COMPREHENSIVE PLAN ANALYSIS This property is designated Medium High-Density Residential(MHDR)on the Future Land Use Map (FLUM)and is located within the area governed by the Ten Mile Specific Area Plan(TMISAP). LAND USE: MHDR areas are locations recommended primarily for relatively dense multi-family housing types, such as row houses,townhouses,and condominium and apartment buildings and complexes. These areas should have a mix of housing types that achieve an overall average density target of 12 dwelling units per gross acre with densities ranging from 8-15 units per acre.MHDR areas typically are relatively compact areas within a larger neighborhood and generally should be located around and near more intensely developed areas, such as Mixed Use Commercial or Employment areas,in order to provide convenient access to these commercial activity and employment centers for the greatest number of residents.Apartment buildings are desired to be accessed via shared entrances and hallways. The proposed multi-family development incorporates a mix of single-family detached and attached/duplex and townhome style units containing a mix of 1-,2-and 3-bedrooms at an overall gross density of 10.64 units per acre.Although single-family and townhome style units are proposed,the use is considered multi- family because all of the units are on one lot instead of individual lots. As such,they will all be rental units and not privately owned. The proposed density is consistent with the density desired in the MHDR designation. A charter school and landscape business exist to the west;residential uses with a mix of housing types including single-family detached and attached,townhomes and multi-family apartments,are entitled and planned to develop to the north(Aviator),northeast(Newkirk)and east(Alamar)of this site. Employment and commercial uses are planned to the southeast of this site across Franklin Rd.,which will provide jobs and services in close proximity to area residents. TRANSPORTATION: ACHD's Master Street Map(MSM)depicts a new towncenter collector street(i.e. W. Aviator St.)across the northwest corner of this property extending from the west from N. Black Cat Rd. The Transportation System Map in the TMISAP lists the functional classification for this street as a collector street and the Street Section Map lists the design classification as a major collector street,which is intended to be constructed consistent with Street Section C,as follows: Page 5 / 4 ti a .a 1-0' 6' 787 6- 1 11' 6' 8' d' e NO ne Ravel Lane i e Law 34, Lane Curb-to-curb distance This street is planned to eventually provide a connection from W.Franklin Rd. 1/z mile west of N. Black Cat Rd.to Franklin Rd.via Umbria Hills Ave., t/4 mile west of N. Ten Mile Rd. A local public street(Moshava Ave.)is proposed for access to the development from the south via W. Franklin Rd.,an arterial street.ACHD is requiring this access to be a private road/drive aisle constructed along the west boundary of the site to ensure the parcel to the west has access to the driveway.Private streets are proposed for internal access to the proposed dwelling units. Franklin Rd. is fully improved abutting the site;therefore,no additional right-of-way or street improvements are required. The Ten Mile interchange is located within about 1.5 miles to the southeast of the site. State Highway 16 is planned to extend from Chinden Blvd.to I-84 approximately 1.5 miles west of this site,just west of McDermott Rd.; no interchange is planned at Franklin Rd. DESIGN: All residential neighborhoods in the Ten Mile Interchange area should be developed in consideration of Traditional Neighborhood Design(TND)principals and concepts and the standards established by the City for the R-15 zoning district. Future development should be consistent with the design elements in the TMISAP for the Residential MHDR FLUM designation as determined by the Application of the Design Elements table (see pg. 3-49),as follows: (Staffs analysis of consistency with these elements is in italics) • 3-33. Street-oriented Design: Useable porches should be a dominant element of residential buildings and should be located along at least 30%of the front fagade of the buildings—a higher percentage is recommended as is the location of porches on one or more side facades.When possible,garages should be loaded from a rear alleyway.Where garages must be accessed from the front,the garages must be located no less than 20' behind the primary fagade.Front-loaded 2-car garages that are visible from the primary street must be designed with two(2)separate garage doors. Largely, this plan (65%)does not incorporate street-oriented design;there is no on-street parking along the collector street and no porches are proposed except for the townhome style units, which have porches and balconies and are accessed from the rear via a private street along the periphery of the site. The 2-car garages have single-doors but are located at the rear of the structures away from public view and the primary street;no front-loaded garages are proposed. • 3-34.Buildings to Scale: Everything seen and experienced from the sidewalk—building fronts, lighting,open space—should be designed for human interaction at a pedestrian's perspective.Key elements to consider are the continuity of the building sizes,how the street-level and upper-level architectural detailing is treated,elements that anchor and emphasize pedestrian scale,roof forms, rhythm of windows and doors,and general relationship of buildings to public spaces such as streets, plazas and other open space. Human-scale design is critical to the success of built places for pedestrians. Building entrances should be placed close to the street; ground floor windows, articulated facades,appropriately scaled lighting,awnings and other weather protection should be provided. Page 6 Continuity of building sizes is proposed between the single-story single-family style structures and between the 2-story townhome style structures along the eastern boundary of the site. The street- level and upper-level architectural detailing of the townhome style units is very similar with windows of like size and orientation and balconies over porches. Stone veneer wainscoting is proposed along portions of the facades to anchor and emphasize pedestrian scale; landscaping along street facing foundations is also required for pedestrian scale. Weather protection is proposed over entrances. Roofforms are symmetrical in various pitches. • 3-36.Neighborhood Design: All residential neighborhoods in the Ten Mile interchange area should be developed in consideration of traditional neighborhood design principles and concepts,which pertain to mixed housing stock,architecture and design, strectscapes and streets.Front porches and garages accessed from an alley are usually the standard in residential areas;parking for homes is primarily located behind buildings. Strectscape design relates to the street itself and consists of landscaped parkways with trees between curbs and sidewalks,adjacent sidewalks and front yard spaces and provides public space for street trees, street furniture and view corridors. Other aspects of neighborhood design that contribute to a traditional strectscape are connected network of streets, alleys and sidewalks. Roadways and pedestrian ways are interconnected so that access for pedestrians,cyclists and automobile drivers is direct and convenient and allows traffic to be dispersed through a variety of streets and ways.Narrower streets designed with TND characteristics result in slower moving traffic and provide a safer,more pleasant pedestrian environment and encourages interaction among residents. A variety of residential housing types is proposed for a mixed housing stock and diversity of housing choices within the same neighborhood. Hip and gable roofs and I-and 2-story structures are proposed for a variety in architecture and design. Porches and balconies are depicted on the concept elevations for the townhome style units. Parking is located off internal private streets. The townhome style units have garages at the rear of the structures accessed from a private street. Internal walkways and private streets provide connections for pedestrians and vehicles to adjacent public streets and developments. The narrow private streets and center planter islands with bulb- outs assist in slowing traffic for a safer neighborhood and pedestrian environment. • 3-37.Building Form& Character: Building Facades—Buildings should be designed so that their primary facades relate to active public spaces and pedestrian areas. The primary fagade of a structure is that frontage of the building that has been designed and detailed so as to represent the building's most important elevations. The primary fagade should always include an entry into the building. Entries should be located so as to provide direct access from adjacent public spaces,primary streets and activity areas. Access from walkways should be uninterrupted by vehicular traffic.Buildings should be located so as to help frame adjacent public spaces and to provide an architectural backdrop for associated passive and active activities. The space between a building fagade and the adjacent walkway should be appropriately landscaped with a combination of lawns,groundcover, shrubs and trees. Building facades front on internal private streets and common open space areas. The overall design of the development is very auto oriented, not pedestrian oriented as desired.Although there are a lot of walkways, there is a lot of asphalt in the site design and pedestrian crossings in vehicular use areas (i.e.private streets).For pedestrian safety and to delineate walkways, Staff recommends crossings are distinguished from vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4. The townhomes are designed so that their primary facades face the private street and have direct pedestrian access from the sidewalk along the private street.Landscaping(lawn,groundcover, shrubs and trees)should be provided between building facades and adjacent walkways. Page 7 • Pitched Roofs: A mix of flat and pitched roofs are anticipated in the Ten Mile area based on a wide variety of individual buildings. Pitched roofs should be,where possible, symmetrical hips or gables, with a pitch between 4:12 and 12:12 with an overhang of at least 12 inches and a maximum of 2.5'. Roof brackets and rafter tail treatments are encouraged. A mix of symmetrical gable and hip style roofs are proposed. The conceptual elevations do not depict the pitch of the roofs or dimensions of the overhangs;all roof pitches should fall within the desired range.No roof brackets, rafter tail treatments or other similar architectural design elements are proposed but should be considered Compliance with the design standards in the Architectural Standards Manual is required. • 3-47.Public Art: Public art should be incorporated into the design of streetscapes,public buildings, parks,transit,infrastructure,and other public projects in the Ten Mile area. Public art should be meaningful and encourage the free flow of ideas and cultural ideologies. Public art should be integrated into either the architectural design or the design of plazas and public spaces associated with a building and should be easily visible to the public (e.g. visible from the street or publicly accessible open spaces rather than interior courtyards). Public art is not proposed but should be provided in accord with this guideline in a prominent location that provides an identity for the development.Details should be submitted prior to the City Council hearing on what type of public art is proposed and the location of such. The provision ofpublic art would also qualify as another amenity. Goals, Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents." (2.01.02D) The proposed single-family detached and attached/duplex and townhouse style dwellings will contribute to the variety of housing types and rental options available within the City. • "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) City water and sewer service is available and can be extended by the developer with development in accord with UDC 11-3A-21. • "Avoid the concentration of any one housing type or lot size in any geographical area; provide for diverse housing types throughout the City." (2.01.01G) This overall area contains a variety of housing types, including single-family attached and detached homes, townhomes and apartments for sale and rent, which contributes to the diversity in housing types and options available within the City. • "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities,and other best site design practices." (3.07.01A) Proposed structures are oriented to front on adjacent collector and arterial streets (Aviator& Franklin)as desired.A minimum 5-foot wide landscape buffer should be provided around the perimeter of the development in areas adjacent to vehicular use areas.A 100 foot wide strip of land owned by NMID exists along the eastern boundary of the site where the Purdam Gulch Drain is located, which will provide a spatial separation and buffer between the proposed townhome style units and single-family detached and attached units approved to develop in Alamar Subdivision to Page 8 the east.A 20 foot wide landscape buffer exists along the shared property line on the school site to the west, which provides screening and buffering between land uses. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed residential use and site design should be generally compatible with adjacent residential uses, the school and landscaping business. • "Support infill development that does not negatively impact the abutting,existing development. Infill projects in downtown should develop at higher densities,irrespective of existing development." (2.02.02C) The proposed infill development shouldn't negatively impact adjacent existing properties as similar uses and densities exist and/or are planned in this area. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A) The proposed development will connect to City water and sewer systems with development of the subdivision;services are required to be provided to and though this development in accord with current City plans. • "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity." (2.02.011)) There are no multi-use pathways designated on the Pathways Master Plan for this site, nor are any pathways stubbed to this property other than the sidewalk along Aviator Street. There are no neighborhoods abutting this site.Internal pedestrian pathways provide access to the sidewalk along Aviator St. • "Require urban infrastructure be provided for all new developments,including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb,gutter and sidewalks are required to be provided with development of the subdivision. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2.02.02) Development of the subject infill parcel will maximize public services. VI. STAFF ANALYSIS A. DEVELOPMENT AGREEMENT MODIFICATION(MDA): The Applicant proposes a modification to the existing Development Agreement(DA) (Inst. 92020- 117678)to remove the property at 4540 W.Franklin Road from the agreement for the purpose of including it in the proposed multi-family development and associated DA. There is a conceptual development plan included in the DA that depicts a parking lot and a sports field for the adjacent charter school to the west that previously owned this property(see Section VIILA). That plan is proposed to be replaced with the multi-family development plan proposed with the conditional use permit included in Section VIILD. Since the time the DA was approved,a property boundary adjustment was approved(A-2020-0164,ROS 412525 -Parcel B)which broke this portion off into its own parcel. Page 9 With the concurrent annexation request for the adjacent parcels to the east,Staff recommends a new DA as a provision of annexation.As a provision of the new DA, Staff recommends the property located at 4540 W.Franklin Rd.no longer be subject to the terms of DA Inst.#2020- 117678(Compass Public Charter School East Expansion H-2020-0042) and be subject to the terms of the new DA. A legal description and exhibit map are included in Section VIILH for the overall boundary of the property subject to the new DA,which includes the subject parcel at 4540 W. Franklin Rd. and the property proposed to be annexed. B. ANNEXATION(AZ): The Applicant requests annexation of two parcels of land(i.e.Parcels 9S1210336450& 51210336521) consisting of 10.29-acres with an R-15 (medium high-density residential)zoning district.The parcels are currently zoned RUT in Ada County. As discussed above in Section V,the proposal is generally consistent with the guidelines for development in the TMISAP except for certain design elements as noted. A preliminary plat, site plan and conceptual building elevations were submitted,included in Section VIII, showing how the property is proposed to be subdivided into one (1)building lot and one (1) common lot for the development of 122 multi-family residential units. The proposed residential use,mix of housing types and density of the development is consistent with the MHDR FLUM designation. The design partially incorporates traditional neighborhood design elements but not entirely as noted above in Section V. The proposed R-15 zoning and multi-family development with single-family detached&attached and townhome style units is compatible with adjacent future single-family detached and attached homes to the east in Alamar Subdivision,zoned TN-R; single-family attached homes and apartments to the northeast in Newkirk Subdivision,zoned R-15; and to future single-family attached homes approved in Aviator Subdivision to the north. This property is an enclave surrounded by City annexed land to the north,west and east. A legal description and exhibit map for the boundary of the property proposed to be annexed is included in Section VIILB. This property is within the City's Area of City Impact boundary. The City may require a development agreement(DA)in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure future development is consistent with the guidelines for development in the TMISAP and with the development plan proposed, Staff recommends a DA is required with the provisions discussed herein and included in Section IX.A. C. PRELIMINARY PLAT(PP): A preliminary plat is proposed consisting of one (1)building lot and one (1) other lot on 11.47 acres of land in the R-15 zoning district(see Section VIILC). Existing Structures/Site Improvements: There are two (2)existing homes and several outbuildings on the property that are proposed to be removed with development. Prior to the City Engineer's signature on the final plat, all existing structures that do not conform to the setbacks of the district are required to be removed.A detached sidewalk exists along W. Franklin Rd. on the western portion of the site that transitions to an attached sidewalk on the eastern portion of the site. Page 10 Dimensional Standards: The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district. Access: Access is proposed via the extension of W. Aviator St.,a collector street,which is planned to cross the northwest corner of the site and extend to the northeast through Aviator and Newkirk Subdivisions. If Aviator St.hasn't been constructed with Aviator Subdivision,ACHD is requiring the on-site and an off-site portion to be constructed with this subdivision.The street shall be designed consistent with Street Section C (major collector street)in the Ten Mile Interchange Specific Area Plan,unless an alternative street section is approved by ACHD(see pgs.3-20,3-22 and 3-23). Another access (N.Moshova Ave.)is proposed at the southwest corner of the site via W.Franklin Rd., an arterial street.ACHD is requiring this access to be a drive aisle or private street rather than a public street as proposed because there is no public benefit to a public street in this location.The access drive should be located along the west property line so that the adjacent property at 4610 W.Franklin Rd.has access to the driveway and a cross-access/ingress-egress easement should be required granting access to that property.The UDC (11-3F-4A.2)prohibits private streets from connecting to an arterial street unless otherwise approved through alternative compliance as set forth in UDC 11-5B-5.Therefore,the access should be constructed as a drive aisle. Private streets are proposed for internal access within the development and are required to comply with the standards listed in UDC 11-3F-4. The Director approved the private streets with the condition they're constructed on a lot in the subdivision rather than an easement since the property is being subdivided in accord with UDC 11-3F-4A.1; the plat should be revised accordingly.Where the private street connects to a public street(i.e.W.Aviator St.),the connection shall be approved by ACHD.The private streets should be constructed in accord with the standards listed in UDC 11- 3F-4B.2. A common/shared driveway exhibit was submitted for the access driveway to the townhome style units at the southeast corner of the site as shown in Section VIII.C.Because common driveways aren't allowed off of a private street and this driveway meets the standards for a private street,it should be constructed as a private street. No stub streets are proposed or recommended to adjacent properties as the property to the east where the Purdam Gulch Drain is located is owned by NMID and a crossing isn't needed in that area; and the northern portion of the property to the west is a school. The access proposed via Franklin Rd. will be located along the west property line so that the property to the west(currently a landscape business)has access via the drive aisle. Landscaping(UDC 11-3B): A 25-foot wide street buffer with an 8-foot wide parkway and a 5-foot wide detached sidewalk is required to be provided along W. Franklin Rd.,an arterial street,per UDC Table 11-2A-7,landscaped per the updated standards listed in UDC 11-3B-7C. On the eastern portion of the site where the sidewalk is attached, Staff doesn't recommend it's removed and replaced with a detached sidewalk as it's fairly new. A 20-foot wide street buffer with an 8-foot wide parkway planted with Class II trees and a 6-foot wide detached sidewalk is required to be provided along W.Aviator St.,a collector street,per UDC Table I I- 2A-7 and Street Section C in the TMISAP,landscaped per the updated standards listed in UDC 11-3B- 7C. All common open space areas are required to be landscaped with one deciduous shade tree for every 5,000 square feet of area and include a variety of trees,shrubs,lawn or other vegetative groundcover per UDC 11-3G-5B.3. Shrubs should be added to common open space areas and the calculations table on the landscape plan(Sheet L5) should be updated to demonstrate compliance with this standard. Page 11 There are several existing trees on this site that will be removed with development as depicted on the landscape plan. Mitigation is required to be provided per the standards listed in UDC 11-3B-10C.S; calculations demonstrating compliance should be included on the landscape plan submitted with the Certificate of Zoning Compliance and/or final plat application. Landscaping is required along all pathways per the standards listed in UDC 11-3B-12C. Common Open Space(UDC 11-3G-3): Because this is a multi-family development,the open space standards in UDC 11-3G-3 do not apply; however,the open space standards listed in UDC 11-4-3-27C for multi-family development do apply(see analysis below in the CUP section). Site Amenities(UDC 11-3G4): Because this is a multi-family development,the site amenity standards in UDC 11-3G-4 do not apply;however,the site amenity standards listed in UDC 11-4-3-27D for multi- family development do apply(see analysis below in the CUP section). Sidewalks (11-3A-17): A detached sidewalk exists along the western portion of the site along W. Franklin Rd. that transitions to an attached sidewalk on the eastern portion of the site. The UDC (11-3A- 17)requires minimum 5-foot wide detached sidewalks along collector and arterial streets.Because this is a fairly new sidewalk, Staff doesn't recommend it's removed and replaced with a detached sidewalk. Staff recommends a 6-foot wide sidewalk is constructed along the collector street at the northern boundary of the site in accord with Street Section C in the TMISAP.No sidewalk is required along internal private streets. Staff does recommend a sidewalk is constructed along the entry drive aisle via Franklin Rd.for pedestrian connectivity and safety. Fencing(11-3A-7): Fencing is required to comply with the standards listed in UDC 11-3A-7.A fencing plan was submitted,included in Section VIII.E,that depicts 6-foot tall solid vinyl privacy fencing along much of the perimeter of the site.A 6-foot tall black iron open vision fencing is proposed around the swimming pool. A 4-foot tall solid vinyl fence with a 2-foot open vertical slat top is proposed in certain locations as depicted on the plan. Lighting(UDC 11-2D-6 : All lighting installed on the site should comply with the standards set forth in UDC 11-3A-11 and with the guidelines in the TMISAP. Waterways: The Purdam Gulch Drain lies along the east boundary of the site within a 100-foot wide easement on land owned by Nampa&Meridian Irrigation District. Where the drain shifts to the northwest at the northeast corner of the site,the easement encroaches on this site as depicted on the plat. A 6-foot tall closed vision vinyl fence is proposed within the easement area. Per NMID's comments in Section IX.F,no structures shall encroach within the easement area without a signed License Agreement and approved plan before construction. The UDC (11-3A-6C.3)requires an open vision fence at least 6-feet in height and having an It- gauge,2-inch mesh or other construction, equivalent in ability to deter access if the drain isn't improved as a water amenity or linear open space.Therefore, Staff recommends the fencing type is changed to 6-foot tall black iron open vision fence along the east boundary of the site and across the northeast corner of the site at the easement line if an encroachment agreement isn't obtained from NMID for the proposed fence. Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. Pressurized Irrigation System (UDC 11-3A-15): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. Storm Drainage(UDC 11-3A-18):An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction shall Page 12 follow best management practice as adopted by the City as set forth in UDC 11-3A-18. A geotechnical report was submitted with this subdivision. D. CONDITIONAL USE PERMIT A conditional use permit is proposed for a multi-family development consisting of 122 dwelling units on 11.47 acres of land in the R-15 zoning district. A mix of housing types are proposed including(18)2- bedroom single-family detached style homes,(6) 3-bedroom single-family detached style homes,(56) 1- bedroom single-family attached/duplex style units,and(42)townhome style units with(28)2-bedroom units and(14) 3-bedroom units. All units will be for rent and are located on one lot rather than individual lots,which constitutes a multi-family development. A multi-family development is listed as conditional use in the R-15 zoning district per UDC Table H- 2A-2 and is subject to the specific use standards listed in UDC 11-4-3-27:Multi-Family Development as follows: "B. Site Design: 1. Buildings shall provide a minimum setback of ten feet(10')unless a greater setback is otherwise required by this title and/or title 10 of this Code. Building setbacks shall take into account windows,entrances,porches and patios,and how they impact adjacent properties. The proposed multi family structures appear to comply with the minimum setbacks required for the R-15 zoning district listed in UDC Table 11-2A-7 if the street buffer along the collector street(W. Aviator St.) is placed in an easement rather than a common lot.Also, comply with building code requirements for separation between structures within the development. 2. All on-site service areas,outdoor storage areas,waste storage,disposal facilities,and transformer and utility vaults shall be located in an area not visible from a public street,or shall be fully screened from view from a public street. The site plan depicts four(4) trash enclosures within the site that are screened and not visible from a public street; all proposed transformer/utility vaults and other service areas shall comply with this requirement. The trash enclosure should accommodate recycling. 3. A minimum of eighty(80) square feet of private,usable open space shall be provided for each unit. This requirement can be satisfied through porches,patios,decks,and/or enclosed yards. Landscaping,entryway and other access ways shall not count toward this requirement. In circumstances where strict adherence to such standard would create inconsistency with the purpose statements of this section,the Director may consider an alternative design proposal through the alternative compliance provisions as set forth in section 11-5B-5 of this title. The open space exhibit, included in Section V111.F, demonstrates compliance with this standard. The landscape plan depicts enclosed yards for the single-family style units. 4. For the purposes of this section,vehicular circulation areas,parking areas,and private usable open space shall not be considered common open space. These areas were not included in the common open space calculations for the site. 5. No recreational vehicles, snowmobiles,boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate,designated and screened area. The Applicant shall comply with this requirement. 6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All Districts",of this title. The proposed parking meets and exceeds UDC standards per the analysis below. Based on (56) 1-bedroom units, (46)2-bedroom units and(20) 3-bedroom units, a minimum of 248 off-street parking spaces are required, including(12)spaces for guest parking, with 122 of Page 13 those in a covered carport or garage.A total of 260 spaces are proposed with 165 of those being covered(i.e. 84 in-unit garages, 23 in separate garages and 58 covered carport spaces)and 95 surface spaces, which exceeds the minimum standard by 12 spaces.Accessible parking is required in accord with ADA standards. Based on 260 vehicle parking spaces, a minimum of 10 bicycle parking spaces are required to be provided in accord with the standards listed in UDC 11-3C-5C.A total of 30 bicycle spaces are proposed in accord with and exceeding this standard. 7. Developments with twenty(20)units or more shall provide the following: a. A property management office. b. A maintenance storage area. c. A central mailbox location,including provisions for parcel mail,that provide safe pedestrian and/or vehicular access. d. A directory and map of the development at an entrance or convenient location for those entering the development. (Ord. 18-1773,4-24-2018) The narrative states these items have been incorporated into the design; the site plan submitted with the Certificate of Zoning Compliance application should depict the location of these items in accord with this standard. C. Common Open Space Design Requirements(UDC 11-4-3-27C): The total baseline land area of all qualified common open space shall equal or exceed ten(10) percent of the gross land area for multi-family developments of five (5)acres or more.Based on 11.47 acres of land in the development, a minimum of 1.15 acres of common open space that meets the qualifications listed in UDC 11-4-3-27C.2 is required. In addition to the baseline open space requirement,a minimum area of outdoor common open space shall be provided as follows: a. One hundred fifty(150) square feet for each unit containing five hundred(500)or less square feet of living area.None of the units are below 500 square feet(sf.) of living area. b. Two hundred fifty(250)square feet for each unit containing more than five hundred(500) square feet and up to one thousand two hundred(1,200) square feet of living area. 41zrc1 122 102 units are between 500 and 1,200 s f.; therefore, a total of 30,500 25,500 s f. (or �9 0.59-acre)of common open space is required that meets the standards in UDC 11-4-3-27C. c. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred(1,200) square feet of living area.Nene 20 of the units are over 1,200 s.f of living area: therefore, a total of 7,000 s.f. (or 0.16 acre) of common open space is required that meets the standards in UDC 11-4-3-27C. Per the above standards, a minimum of 44J 1.9 acres of common open space is required overall. The revised common open space exhibit included in Section VIII.F depicts a total of24. 2.15 acres of common open space, not including parkways which don't meet the minimum width requirement of 20 feet, which exceeds the minimum standard by 0.25-acre; hejsv.,.,,,. it in-p,•a.,S Gu-eGS AW A Page 14 Common open space shall be not less than four hundred(400) square feet in area,and shall have a minimum length and width dimension of twenty feet(20'). In phased developments,common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. This project is proposed to develop in one phase. Unless otherwise approved through the conditional use process,common open space areas shall not be adjacent to collector or arterial street buffers unless separated from the street by a berm or constructed barrier at least four feet(4)in height,with breaks in the berm or barrier to allow for pedestrian access. (Ord. 09-1394, 3-3-2009,ef£retroactive to 2-4-2009)Some of the common open space is located adjacent to a collector street(Aviator St.)and an arterial(Franklin Rd.)street The Applicant shall provide a berm or constructed barrier as noted unless otherwise approved through the CUP process. requesting aff reval as Ay thf;H� the A 4-foot tall berm is depicted on the landscape plan. Staff recommends a break in the berm is provided and the pedestrian pathway is extended to the sidewalk alont,Franklin Rd in the central common area between the 1-and 2-bedroom units. D. Site Development Amenities: All multi-family developments shall provide for quality of life,open space,and recreation amenities to meet the particular needs of the residents as noted in UDC 11-4-3-27D. The number of amenities shall depend on the size of the multi-family development based on the number of units. For multi-family developments with 75 units or more,such as this,four(4)amenities shall be provided with at least one (1) from each category.For multi-family developments with more than 100 units,the decision-making body shall require additional amenities commensurate to the size of the proposed development.Based on 122 units, Staff recommends a minimum of five (5)amenities are provided with at least one (])from each category. The following amenities are proposed from each of the following categories: 1)Quality of Life— clubhouse,dog park(a waste station is required); Open Space—community garden; Recreation— swimming pool,internal walking trails,children's play structure; and,Multi-Modal—charging stations for electric vehicle.The proposed amenities meet and exceed UDC standards. E. Landscaping Requirements: Development shall meet the minimum landscaping requirements in accord with chapter 3, "Regulations Applying to All Districts",of this title.Additionally,all street facing elevations shall have landscaping along their foundation that complies with the standards listed in UDC 11-4-3-27E.2. The landscape plan submitted with the Certificate of Zoning Compliance application should depict landscaping along the street facing elevations of all buildings along W. Franklin Rd. and W.Aviator St. in accord with these standards.Landscaping is required to be provided along all pathways per the standards listed in UDC 11-311-12C. Street buffer landscaping along W Aviator St., a collector street, and W Franklin Rd., an arterial street, is required to be installed with the subdivision improvements. Depict a minimum 5-foot wide buffer around the perimeter of the development in areas adjacent to vehicular use areas with landscaping as set forth in UDC 11-313-8C.1. F. Maintenance and Ownership Responsibilities: All multi-family developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development,including,but not limited to, structures,parking,common areas,and other development features." The Applicant shall comply with this requirement;a copy of such shall be Page 15 submitted to the Planning Division prior to issuance of the first Certificate of Occupancy within the development Pathways(UDC 11-3A-8 : The Pathways Master Plan does not depict a multi-use pathway on this site. No pathways are proposed except for sidewalks required along streets within the development and internal pedestrian pathways.All pathways should be constructed in accord with the standards listed in UDC 11-3A-8. For better pedestrian connectivity, Staff recommends the north/south pathways next to the linear open space at the west boundary of the site between Mount ElbeFt W. Ski Jump Ln. &PyFa-mid W.Fresh Powder Lane are connected; and a walkway is added on the south side of W. Fresh Powder Ln. on the north side of the common area where the clubhouse& swimming pool is located. Staff further recommends pedestrian crossings across private streets are distinguished through the use of pavers, colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4b. Building Elevations: Conceptual building elevations were submitted for the proposed structures within the development as shown in Section VIILG. Building materials appear to consist of a stucco-like material with wood look lap siding and stone accents with asphalt shingle roofs. Design Review:A design review application(s)is required to be submitted for all structures within the development. Final design of all structures should comply with the multi-family design standards listed in the Architectural Standards Manual(ASM) and the traditional neighborhood design guidelines in the Ten Mile Interchange Specific Area Plan(TMISAP)for the MHDR FLUM designation(see the Application of Design Elements table on pg.3-49)—the proposed conceptual elevations are not approved. Certificate of Zoning Compliance(CZC): A CZC application is required to be submitted for the multi- family development; compliance with the specific use standards listed in UDC 11-4-3-27 is required. VIL DECISION A. Staff: Staff recommends approval of the proposed Development Agreement Modification,Annexation with the requirement of a Development Agreement,Preliminary Plat and Conditional Use Permit per the provisions in Section IX,in accord with the Findings in Section X. The Director has approved the proposed private streets within the development per the provisions in Section IX,in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on April 6,2023.At the public hearing,the Commission moved to recommend approval of the subject AZ, CUP and PP requests. 1. Summary of Commission public hearing a. In favor: Elizabeth Koeckeritz,Givens Pursley, David Bailey, Bailey Engineering (Engineer) b. In opposition: None C. Commenting. None d. Written testimony: Shannon Ely,Baron Properties (Applicant) e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: Bill Parsons 2. Key issue(s)of public testimony a. The Applicant requests the proposed private streets are allowed to be in an easement rather than a common lot due to the nature of the project and the civil complexities associated with it and concerns pertaining to spacing&easements(condition#A.2.1c), the private street names are updated in condition#A.3.6m to reflect the new names, and condition#B.2.9 ("Street signs are to be in place, sanitary sewer and water system Page 16 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.") is deleted in its entire1yand replaced with the following condition, which is consistent with their arrangements with other Modern Craftsman projects: "Prior to Vertical permit acceptance/receipt, street signs are to be in place, sanitary sewer may be installed/inspected in part or in whole (but not required as activated or full y approved as not necessary_ or site sa fty), and water systems activated and approved as related to hydrant locations, road base installed and approved for use and capacity of 80,000 lb. vehicle,prior to payment or receipt of vertical building ermits. Vertical building permit plan sets may be submitted and reviewed/approved prior to horizontal acceptance of above listed requirements. However, approved plan sets may not be paid for or collected until horizontal acceptance. This stipulation does not pertain to garage buildings or vertical structures located within the driveways, drive isles, or site roads to be constructed. Garage buildings or vertical structures located within the driveways, drive isles or site roads are allowed to proceed with plan submittals, reviews and approvals along with permit payment and receipt, and can be constructed concurrent with completion of horizontal requirements for the site, and be permitted prior to horizontal acceptance to minimize access impact in regard to the emergency access of the site." 3. Ke, ids)of discussion by Commission: a. Discussion pertainingto o the private street being in an easement as requested by the Applicant,rather than a common lot as preferred by the UDC—preference to uphold the Director's decision if a request for City Council review of the Director's decision is submitted. b. Not in favor of approving an alternative compliance request that would provide more private open space in lieu of the required common open space. Would prefer the Applicant make more of an effort to comply with the minimum UDC standards for common open space without degrading the quality of the development. 4. Commission change(s)to Staff recommendation, a. At Staffs request,a condition was added for a sidewalk to be provided along the south side of W. Fresh Powder Ln. on the north side of the common area where the community center is located for pedestrian connectivity and safety(A.3.6o). b. At the Applicant's request,update the street names referenced ' condition 9A.3.6m per the updated plans. C. At the Applicant's request,modify condition#B.2.9 per the language proposed by the Applicant and agreed pon b, Staff. 5. Outstandingissue(s) for City Council: a. None C. The Meridian City Council heard these items on May 9. 2023.At the public hearing_ the Council moved to approve the subject AZ_CUP_MDA and PP requests. 1. Summary of the City Council public hearing: a. In favor: Elizabeth Koeckeritz,Givens Pursley: Matthew Riggs,Applicant b. In opposition:None C. Commenting: Susan Luke_Compass Charter School- Kristy Inselman_ACHD d. Written testimony: Elizabeth Koeckeritz_Givens Pursley(in agreement with the Commission recommendation) e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: Bill Parsons 2. Key issue(s)of public testimony: Page 17 a. Request for a"no parking"sign to be installed along Aviator while construction is going on to help with traffic flow and congestion for the adjacent charter school- especially during arrival and dismissal . 3. Key issue(s)of discussion by City Council: a. Preference to see revisions to the elevations to more closely comply with the traditional neighborhood design guidelines_including front porches b. The plan for public art within the development. 4. City Council change(s)to Commission recommendation. a. Modify DA provision 91.If to include the specific requirement for front porches to be provided on units facing the boulevard: b. Include a requirement for pedestrian connections to be provided across parkways to the detached sidewalks adjacent to parallel parking spaces along the north/south boulevard (see condition 43.6p1. C. Include a requirement for the Applicant to work with Staff and Compass Charter School on traffic calming or other measures on the private streets to enhance safety(see condition 93.6g1. Page 18 VIIL EXHIBITS A. Conceptual Development Plan Included in Development Agreement(list. 92020-117678 H-2020-0042) for Property Located at 4540 W.Franklin Rd. ¢ murww.r ___ 1 - •I. 'ILL.I I I I ,1• 1 • €€ I� '"'Y' 17. h� $ � � i •r r fi�l. E 1 �t'JII 1 � i Ihili P jI. amsnorx i 1 i 13r— z 1 . o . � �OMPASS EASTP,RML 4 €. . .. .. .. . .. .e.��oo...+.,w.00� uanni•w.;.r.ve.a•waw.•xro .....r� ��••• 38zie Bouma US Page 19 B. Annexation Legal Description and Exhibit Map Description for R-15 Zone Colorado Ridge Subdivision October 19,2022 A portion of the Southwest 114 of the Southwest 1/4 of Section 10,Township 3• North, Range 1 West, Boise Meridian,Ada County, Idaho, more particularly described as follows; Commencing at the Section corner common to Sections 9, 10, 15 and 16. T.3N_, R,IVV., B.M. from which the 114 corner common to said Sections 10 and 15, bears South 89'15'34" East, 2640.54 feet;thence on the south boundary line of said Section 10 South 89'15'34'East, 909.44 feet to the REAL POINT OF BEGINNING; thence leaving said south boundary line, North VV'3t'I4" East, 1oFlT.t3#3 feet; thence South 89'15'5(r East,412.30 feet to the east boundary line of the Southwest 1/4 of the Southwest 1/4 of said Section 10; thence on said east boundary fine,South 00'35'35'West, 1087_89 feet to the West 1116 corner common to said Sections 10 and 15; thence on the south boundary line of said Section 14, North 89015'34"West, 411.87 feet to the REAL POINT OF BEGINNING_ ContainiN 10.291 acres,more or less. End of Description. pt LA�yp 11779 0 OF 1 & me A Page 1 of i Page 20 Scale: 1"■244' � I S8995'WE 412,30' 0 50 100 209 400 W. Aviator St, co co as rt t10,291 Acres go IA O +I � 1 �_p I C] I x 4 5.9 S.10 908, W. Franklin R-d 1320,23' 1/4 S-10 S�16 .15. _-_Real Point N89'15'34"W 411,87' W1/16 - - 1 g of Beginning $asls of BeorGllQa SM5'34'E 2640,54' 4NX. LA f tiGF-NS !r 11779 ;G * hmfCCA IDAHO Annexation Exhibit for �145 No. K. =r. R-15 Zone «� f SURVEY �"' Colorodo Ride Subdivision 1 GROUP, LLC A portion of the sw1/4 of the sw1/4 or section 1% Dog, Date T.-W. PLIK, ON, Ada County. Waho, 10/19/202; Page 21 B. Preliminary Plat(dated: 10/20/22) PRELIMINARY PLAT FOR 9 $� COLORADO RIDGH __------- A, 'i i i �• - Tr y_ j 6 ! 1 T T ...- j','r� F A' - 5 i t Q C Z I - �"�'"----- ---- -- -- - -1 W W Lw o _ � 0 _... U m P-L Page 22 C. Common/Shared Access Drive Exhibit—NOT APPROVED AS A COMMONDRIVEWAY(TO BE APPROVED AS A PRIVATE STREET) BRED ACCESS DRIVE FOR COLORADO RIDGE A PORTION OF 9W 1/1 OF TER 91r 1/4 OF SE(MON 10 TUVfN'Mil' 3 !FORTH, RANGE 1 1PE5f. 190ISE MK RIDLAV MERIIMAN. ADA COUNTY. In 0 2022 H y _SIT- W C PRIVATE LN o I II — w �C iI J r Lr) �._�----- lTT {, I <LLJ n 1-----� 1 , C, r II �c I I -TE I- ICD Fri C-) II 20 D 10 20 40 SCALE IN FEET 1"-20' Ailey Engineering, Inc. F V u;ENGINEEERING I PLANNING I CARD Page 23 D. Site Plan(dated: 10/20/2022) CONDITIONAL 1-SE SPPE PLAN FOR COLORADO RIDGE -__- �•cn: emu.m TIT T' , -J • I . � - I leecEer--err-, ?- -- - L- HEET I E EEE F I TI **-c c. rn<- - — E HEETI E AIR - TE 4 - i;• L n,r-n -RE T -H -E I'-EF I. L- E E FlLE _- L `1 -,i •cur r _ -ET ETIE - :IF,i ....� -• ;rN _.. e. ie._I n, ,e.er m, r r -i z i fie• ,.tee - - ... , _ 2 W W La 7 . h L_ > D z z m `•� Page 24 E. Landscape Plan&Fencing Plan(dated: 10/18/2022) rr t I a i C 0 L 0 R A D 0 RIDGE m" OOCTOBER I8,3021 JENSENBELTE MERIDIAN, ID CUP LANDSCAPE PLAN Page 25 - � � �ease�snn LU -- - ° o W a O Wa Q w =ATCIIINE L1 z Z MATCNLNE L2 O o a U PLANT PALETTE NOTE w rM x r»x r KEY MAP rrr�rrv�vxrt wF� �"1 ii r � r 'xrx� " {'y.•.i5 PLAN O® L1.. i ___ �TCNLNNE L1 MATCNLINE LY 0.4 _I y r i= LU C'3 w IL fL MATTMLINE L2 0, .. —.ATCNLINE L3 Q ;V Q Lu N C Z O of a O m° U PLANT PALETTE No tC, r r r r rrrrrrt� 0 N. .._r KEY MAP rLA '. SCAPELAN r iir r'r�r-rr rrr� Q r .rre<r =® L2 Page 26 MATCHLINE L2 -#�MATCHLNE L8 15 YI; \ w< i f a 09, WE F-I h, I n 0 J J a� 0 �U U PLA1\T PALETTE h:J rl_G rrrex�rxm wc�r w �� f„ I• ,:. ' I• 1': ::,. KEY MAP (may �m R�� ' LANC9CAPE {�..•1.5� PLAN L3 k. 1BQSBil6Ti J IL II I I li.I n.N FEW.L LU L. zJ17 CC 1 a gi g U IIIIIi - Q L no z cc + O O J ," '�. �. Il 0 RI U •,: �: .,,,ry rcwF�nro t U -7! ,ry r ` G 6'SOLID VINYL PRIVAGti"I.II O3 b'OF[N SLAT POP vlNi� C r �_� L_—�� •.� -- LAN09CAPE O® L4 Page 27 ----------- Puoc28 F. Common Open Space Exhibit(dated: I�1''�2-2 4/21/23)REVISED OPEN SPACE EXHIBIT FOR COLORADO RIDGE y iit eoa u5 p. 3 I e 4 - - I W Z / ..<. d G l -- W W U w , e .�m 0 p U m -� Us- Page 29 G. Conceptual Building Elevations MODERN CRAFTSMAN FRANKLIN CLUBHOUSE/ENTRY FEATURE L:I�E MEN BARON I1UMM Fi MODERN- CRAFTSMAN FRANKUN ..aw CLUBHOUSE E:117W _ ENV ' J r LINE MEN 1 BARON PUMMEL Page 30 MODERN CRAFTSMAN ENTRY FEATURE i _ ®EN LINE MEN LILI roli EEL] BARON PUMMEL MODERN CRAFTSMAN 1 BED 1 BATH DUPLEX imam L■ 1 rw LILIAN MEN SINGLE SLOPE HOOF ❑�■ LINE ral o- - AMMI MEN BARON IAUMMEL Page 31 MODERN- -CRAFTSMAN 2 BED 2 BATH TYPE A - W-7 . MEN F-17 EEL] BARON JMMFi HIP ROOF MODERN- CRAFTSMAN 2 BED 2 BATH TYPE B DE17 SNl F:,r:f;oo� LINE{ z A i ENE t MEN BARON H U M M E L Page 32 P F u , MODERN i r -CRAFTSMAN 3 BED 2 BATH MEN ❑0■ MEN BARON -1UMMEL MODERN CRAFTSMAN GARAGE-STORAGE BUILDING FINE MEN DEN BARON 1uMMf Page 33 MODERN- Rj j MEN _DEW 00 d C' - EILT77 MEL] Page 34 1 H. Legal Description for Property Subject to New Development Agreement Description for Colorado Ridge Subdivision April 4, 2023 A parcel of land located in the Southwest 1/4 of the Southwest 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Section corner common to Sections 9, 10, 15 and 16, T.3N., R.1 W., B.M.from which the 1/4 corner of said Sections 10 and 15, bears South 89'15'34" East, 2640.54 feet; thence on the south boundary line of said Section 10 South 89'1534" East,702.06 feet;thence leaving said south boundary line, North 00`36'35" East, 35.88 feet to the REAL POINT OF BEGINNING; thence continuing North 00'36'35" East. 319.00 feet; thence South 89'1638" East, 206.24 feet; thence North 60"35'14" East, 732.97 feet; thence South w 15'50" East,412.30 feet to the east boundary line of the Southwest 1/4 of the Southwest 1/4 of said Section 10; thence on said east Joundsry line, South 00"36'35" West, 1,057.89 feet to the north right-of-way line of W. Franklin Road; thence on said north right-of-way line the following three (3) courses and distances: North 89'1534"West, 65.31 feet; North 00'44'26" East. 5.88 feet; North 89'15'34" West, 552.95 teet to the REAL POINT OF BEGINNING. Containing 11.472 acres, more or less_ End of Description. NL L AIVO 7� fic 11779 "aq��7�z3 0 ��4 9TE 0 F r� MCCN Page 1 of 1 Page 35 i � Scale: 1"=200' r-� S89'15'50"E 412.30' 0 50 100 200 400 W. Aviator St. r- rn Csi M r• W N O � Z Q ±11.472 Acres �n M M Q O S89'15'38"E N 206.24 z w in W M 6 °n to m p z Real Point m of Beginning S89'15'34"E 552.95' L3 5.9 .5.10 _ �� W. Franklin Rd. L4 _ 132_0.23'- 1/4 S.10 S_16 S.15• 702.06' -_- 618.25' T L W1/16SA 5 Basis of Bearings S89'15'34'E 2640.54' Line Table �� Line Bearing Length \ pL LANO,GINS S - L1 N00'36'35"E 35.88' L2 N00'36'35"E 30.00' -7 11779 L3 N89'15'34"W 65.31' ��I °23 2 T P. L4 N00'44'26"E 5.88' �Qf F OF '�''• M cC P�` Rlq� I...liry 22-045\e gq Ppbk E,.drg 4/4/2023 2:38.56 PM Job No. IDAHO Exhibit Map for 22-045 995 M SURVEY "SE, EHO$37 04 ST. Colorado Ridge Subdivision sheet No. BASE. E AM (2a8)848_8570 1 GROUP, LLC A parcel of land located in the SW1/4 of the SW1/4 of DW9. Date Section 10, TM,, RAW_ B.M.. Ada County, Idoho. 4/4/2023 Page 36 IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. Annexation 1.1 A Development Agreement(DA)is required as a provision of annexation of this property.Prior to approval of the annexation ordinance,a DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption,and the developer. Currently,a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum,incorporate the following provisions: a. The southwest portion of the property located at 4540 W. Franklin Rd. (Parcel 4S 1210336405) shall no longer be subject to the terms of the previous Development Agreement recorded as Instrument 92020-117678(Compass Public Charter School East Expansion H-2020-0042)and shall instead be subject to the terms of the subject Development Agreement. b. Future development of this site shall be generally consistent with the preliminary plat, site plan, landscape plan,qualified open space exhibit and conceptual building elevations included in Section VIII and the provisions contained herein. c. Right-of-way shall be dedicated and/or the collector street(W. Aviator St.) shall be constructed across and adjacent to the northwest corner of this site on-and off-site as required by ACHD. The shall be designed consistent with Street Section C(major collector street)in the Ten Mile Interchange Specific Area Plan(see pgs. 3-20, 3-22 and 3-23). d. Public art of a high quality of design shall be provided within the development and incorporated into the design of the streetscape or publicly accessible open space as set forth in the TMISAP (see pg. 3-47). The art shall be provided in a prominent location and should provide an identity for the development. e. A maximum of 122 multi-family units shall be constructed within this development. f. A Design Review application shall be submitted for all structures within the multi-family development. Compliance with the design standards listed in the Architectural Standards Manual and the guidelines in the Ten Mile Interchange Specific Area Plan(TMISAP)is required. The residential development shall be developed in consideration of traditional neighborhood design principals and concepts as set forth in the TMISAP for the MHDR Future Land Use Map designation as specified in the Application of the Design Elements table on pg. 3-49 including but not limited to: roof pitch and overhang(roof brackets and rafter tail treatments are encouraged design elements), and front porches for street-facing units on the north/south boulevard. g. Pedestrian-scale lighting should be provided on all building facades facing the street and internal walkways in accord with the TMISAP (pg. 3-34). h. The space between the building fagade and adjacent walkway should be appropriately landscaped with a combination of lawns,groundcover,shrubs and trees in accord with the TMISAP (pg. 3-37). Page 37 2. Preliminary Plat 2.1 The final plat shall include the following revisions: a. Depict the extension of the collector stub street(i.e.W.Aviator St.)across the northwest corner of the site as required by ACHD. b. A drive aisle access shall be depicted via W. Franklin Rd.,an arterial street,at the southwest corner of the site along the west property line to ensure the parcel to the west has access to the drive aisle,as required by ACHD. c. Depict the internal private streets in a lot within the subdivision per UDC 11-3F-4A.1. Where the private street connects to a public street(i.e.W. Aviator St.),the connection shall be approved by ACHD. d. Depict a minimum 20-foot wide street buffer along W.Aviator St.,a collector street,in a permanent dedicated buffer easement with an 8-foot wide parkway and a 6-foot wide detached sidewalk,per UDC Table 11-2A-7 and Street Section C in the TMISAP,unless an alternative street section is approved by ACHD. Eke 9' 6' e rav ne rave ane Lane 34, Lane Curd-m-m b distance 2.2 The landscape plan submitted with the final plat shall include the following revisions: a. Include mitigation calculations on the plan for existing trees that are proposed to be removed in accord with the standards listed in UDC 11-3B-IOC.5. b. Depict landscaping within the 20-foot wide street buffer along W. Aviator St. in accord with the updated standards listed in UDC 11-3B-7C.An 8-foot wide parkway is required along the collector street planted with Class II trees and a 6-foot wide detached sidewalk as set forth in the TMISAP (Street Section Q. Include the linear feet of buffer with the number of required vs. provided trees in the Landscape Calculations table on Sheet L5 that demonstrates compliance with UDC standards. c. Depict landscaping within the 25-foot wide street buffer along W.Franklin Rd. in accord with the updated standards listed in UDC 11-3B-7C. d. Change the fencing type along the east boundary of the site adjacent to the Purdam Gulch Drain to 6-foot tall wrought iron in accord with UDC 11-3A-6C.3.Fencing should not encroach within the easement at the northeast corner of the site without a License Agreement with NMID. e. Depict enhanced landscaping and design features in the street buffer along W.Franklin Rd. that meets the entryway corridor standards in UDC 11-3B-7C.3fin order to count 50%of the street buffer toward the open space requirement in UDC 11-3G-3A.1. f. Provide a 4-foot tall berm(or constructed barrier)within the street buffer along W. Franklin Rd. as proposed in accord with UDC 11-4-3-27C.7. Provide a break in the berm and extend Page 38 the pedestrian pathway in the central common area between the 1- and 2-bedroom units to the sidewalk along Franklin Rd. 2.3 The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district. 2.4 No structures shall encroach within the Nampa&Meridian Irrigation District's easement for the Purdam Gulch Drain that crosses the northeast corner of the site without a signed License Agreement and approved plan before construction. 2.5 A cross-access/ingress-egress easement shall be granted to the property to the west at 4610 W. Franklin Rd. (Parcel 4S1210336377) for access to the drive aisle via W.Franklin Rd. located along the west property line. 2.6 Prior to the City Engineer's signature on the final plat, all existing structures that do not conform to the setbacks of the district shall be removed. 2.7 Approval of a preliminary 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. Upon written request and filing by the applicant prior to the termination of the period in accord with subsections(A)and(B)of UDC 11-6B-7,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 this title. 3. Conditional Use Permit 3.1 The multi-family development shall have an ongoing obligation to comply with the specific use standards listed in UDC 11-4-3-27. 3.2 The multi-family development shall record a legally binding document that states the maintenance and ownership responsibilities for the management of the development,including, but not limited to, structures,parking,common areas,and other development features as set forth in UDC 11-4-3-27F. A recorded copy of said document shall be submitted to the Planning Division prior to issuance of the first Certificate of Occupancy for the development. 3.3 Comply with building code requirements for separation between structures within the development. 3.4 Site amenities shall be provided as proposed from each of the following categories: 1)Quality of Life—clubhouse,dog park(a waste station is required); Open Space—community garden; Recreation—swimming pool,internal walking trails,children's play structure; and,Multi-Modal —charging stations for electric vehicles,in accord with UDC 11-4-3-27D. Other comparable amenities may be considered by the Director. 3.5 The trash enclosures shall accommodate recycling. 3.6 The site and/or landscape plan submitted with the Certificate of Zoning Compliance shall be revised as follows: a. Remove the street sections for N.Moshova Ave. and depict a drive aisle instead of a public street on the plan.The drive aisle shall be located along the west property to ensure the parcel to the west can utilize the access. Depict a sidewalk along the drive aisle for pedestrian connectivity and safety. Page 39 b. Change the fencing type along the east boundary of the site adjacent to the Purdam Gulch Drain to 6-foot tall black iron open vision fencing in accord with UDC 11-3A-6C.3 to deter access to the lateral. If the fence is placed within the easement area,a License Agreement shall be required with NMID. c. All transformer and utility vaults and other service areas shall be located in an area not visible from a public street,or shall be fully screened from view from a public street in accord with UDC 11-4-3-27B.2. d. Depict landscaping along the foundation of all street facing elevations adjacent to W. Aviator St. and W. Franklin Rd.,as set forth in UDC 11-4-3-27E.2. e. Depict landscaping along all pathways in accord with the standards listed in UDC 11-3B- 12C. f. Include mitigation calculations for trees removed from the site as set forth in UDC 11-3B- IOC.5, g. Depict landscaping within common open space areas as set forth in UDC 11-3G-5B.3; include calculations in the Landscape Calculations table that demonstrate compliance with the updated standards. h. The drive aisle via W. Franklin Rd. shall be located along the west property line in order to provide a shared access to the property to the west(Parcel 4S1210336377). i. Depict a minimum 5-foot wide buffer around the perimeter of the development in areas adjacent to vehicular use areas with landscaping as set forth in UDC 11-313-8C.1. J. Depict the location of the property management office,maintenance storage area,central mailbox location(including provisions for parcel mail,that provide safe pedestrian and/or vehicular access),and a directory and map of the development at an entrance or convenient location for those entering the development as set forth in UDC 11-4-3-27B.7. k. Depict a berm or constructed barrier at least 4-feet in height,with breaks in the berm or barrier to allow for pedestrian access along W. Aviator St. and W. Franklin Rd.,as set forth in UDC 11-4-3-27C.7,unless otherwise approved through the conditional use process. 1. Depict a waste station in the dog park as required by UDC 11-4-3-27D.1 a. in. Connect the north/south pathways on the east side of the linear open space at the west boundary of the site between Metm4 Elbe W. Ski Jump Ln. &PyFawii W.Fresh Powder Lane. n. Distinguish pedestrian crossings across private streets through the use of pavers,colored or scored concrete,or bricks as set forth in UDC 11-3A-19B.4b. o. Depict a sidewalk along the south side of W.Fresh Powder Ln. on the north side of the common area where the community center is located. p. Depict pedestrian connections across parkways to the detached sidewalks adjacent to parallel parking spaces along the north/south boulevard as discussed at the City Council heaping. =q= Depict traffic calming or other measures on the private streets to enhance safety as discussed at the City Council hearing(work with the Compass Charter School and Staffl. 3.7 All internal private streets shall be constructed in accord with the standards listed in UDC 11-3F- 4B.2. The Applicant or owner shall have one (1)year to complete Page 40 3.8 All pathways shall be constructed in accord with the standards set forth in UDC 11-3A-8. 3.9 A minimum of 45 2.15 acres of common open space is required,as proposed,that complies with the standards for qualified open space listed in UDC 11-4-3-27C. 3.10 A minimum of 260 off-street parking spaces shall be provided for the multi-family development with a minimum of 165 of those spaces in a covered carport or garage as proposed on the site plan, in accord with UDC Table 11-3C-6. 3.11 A Certificate of Zoning Compliance and Design Review application shall be submitted and approved for the proposed use prior to submittal of a building permit application. The design of the site and structure shall comply with the design guidelines in the Ten Mile Interchange Specific Area Plan, the standards listed in UDC 11-3A-19 and the design standards listed in the Architectural Standards Manual. 3.12 The conditional use permit is 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 as set forth in UDC 11-5B-6.A time extension may be requested as set forth in UDC 11-5B-6F. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Since the 6-plex's to the east and west will not be individually owned lots,have a single meter come off of W Chair lift for each individual building instead of extending a water main down the common driveway. 1.2 Water services up to the meter are the responsibility of the City and require a 20'easement up to the meter and 10'beyond. 1.3 Water main needs to be on the north side of the private drives and a minimum of 25'from all infiltration structures unless an alternative protection per DEQ is provided. 1.4 Water main pipe sizes were not provided in the plans. Water was modeled with all mains being 8" 1.5 Any unused sewer stubs must be abandoned per City requirements 1.6 All manholes must have a 14ft wide graveled/paved access path per City requirements. 1.7 Infiltration trenches and other permanent structures (trees,bushes,buildings,carports,trash receptacle walls,fences,light poles,etc.)cannot be built within City water/sewer easement. 1.8 Remove SSMH 4, 5,B13,and B14 to reduce number of unnecessary manholes. 2. General Conditions of Approval 2.1 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. Page 41 2.2 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. 2.3 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 I F 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. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(UDC 11-3B-6). 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. 2.5 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. 2.6 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. 2.7 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. 2.8 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. 2.9 , shall be weer-de prior-to applying f F btii ding permits.Prior to vertical permit acceptance/receipt, street signs are to be in place, sanitary sewer may be installed/inspected in part or in whole(but not required as activated or fully approved as not necessary for site safety), and water systems activated and approved as related to hydrant locations,road base installed and approved for use and capacity of 80,000 lb. vehicle,prior to payment or receipt of vertical building permits. Vertical building permit plan sets may be submitted and reviewed/approved prior to horizontal acceptance of above listed requirements.However,approved plan sets in not be paid for or collected until horizontal acceptance. This stipulation does not pertain to garage buildings or vertical structures located within the driveways,drive isles,or site roads to be constructed. Garage buildings or vertical structures located within the driveways,drive isles Page 42 or site roads are allowed to proceed with plan submittals,reviews and approvals along with permit payment and receipt,and can be constructed concurrent with completion of horizontal requirements for the site,and be permitted prior to horizontal acceptance to minimize access impact in regard to the emergency access of the site. 2.10 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. 2.11 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. 2.12 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. 2.13 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. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 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. 2.17 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. 2.18 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. 2.19 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. 2.20 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.men'diancity.org/public_works.aspx?id=272. 2.21 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. 2.22 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 Page 43 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://weblink.meridiancity.or lWebLink/DocView.aspx?id 288044&dbid 0&repo Meridian City&cr 1 D. POLICE DEPARTMENT https://weblink.meridiancity.orgi ebLink/Doc View.aspx?id 288041&dbid 0&repo Meridian0 E. PARK'S DEPARTMENT No comments were submitted. F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridianciU.orgi ebLink/DocView.g x?id 28941I&dbid O&repo MeridianCitX G. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridianciU.org/WebLinkIDocView.Wx?id 290809&dbid O&repo MeridianCitX H. WEST ADA SCHOOL DISTRICT(WASD) https://weblink.meridianciU.orgi ebLink/Doc View.aspxTid 291870&dbid 0&repo Meridian0 I. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridianciU.org! ebLink/Doc View.aspx?id 292086&dbid 0&repo Meridian0 J. ADA COUNTY DEVELOPMENT SERVICES https://weblink.meridiancity.orgj ebLink/Doc View.aspx?id 289772&dbid 0&repo MeridianQ K. DEPARTMENT OF ENVIRONMENT QUALITY(DEQ) https://weblink.meridianciU.org/WebLink/DocView.aspx?id 288836&dbid 0&repo Meridian City&cr 1 L. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https:11weblink.meridiancioy orgi ebLink/DocView.aspx?id 290682&dbid 0&repo MeridianQ X. 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: Page 44 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the Applicant's request to annex the subject property with R-15 zoning for a multi family development complies with the applicable provisions of the Comprehensive Plan. Further, the density and mix of residential housing types is consistent with the land uses and density desired in MHDR designated areas in the TMISAP. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment to R-15 and development generally complies with the purpose statement of the Residential Districts in that it will provide for a range of housing opportunities consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety,and welfare; The City Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed residential use should be compatible with adjacent residential and school uses in the area. 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 The City Council finds City services are available to be provided to this development. WASD has provided comments on the application that are included above in Section IX.H. 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation is in the best interest of the city. B. Preliminary Plat(UDC 11-613-6) In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the decision- making body shall make the following findings: (Ord. 05-1170, 8-30-2005,eff. 9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008,eff. 7-8-2008) The City Council finds the proposed plat is in general conformance with the UDC and the Comprehensive Plan. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The City Council finds the plat is in conformance with scheduled public improvements for this area in accord with the City s CIP. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development. Page 45 5. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) The City Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. C. Conditional Use Permit(UDC 11-5B-6E) The Commission shall base its determination on the Conditional Use Permit requests upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the R-15 zoning district(see Analysis, Section V for more information). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed use as a multi family development is consistent with the future land use map designation of MHDR and is allowed as a conditional use in the R-15 district per UDC Table 11-2A-2. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds the proposed design of the development, construction, operation and maintenance should be compatible with the mix of other uses planned for and existing in this area and with the intended character of the area and that such uses will not adversely change the character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. 5. That the proposed use will be served adequately by essential public facilities and services such as highways,streets,schools,parks,police and fire protection,drainage structures,refuse disposal,water, and sewer. The City Council finds that essential public services are available to this property and that the use will be adequately served by these facilities;see comments in Section IX.Hfrom WASD. D. Private Street(UDC 11-3F-5) In order to approve the application,the Director shall find the following: Page 46 — 1. The design of the private street meets the requirements of this Article; The Director finds the proposed design of the private streets complies with the standards listed in UDC 11-3F-4. See analysis in Section VI.C for more information. 2. Granting approval of the private street would not cause damage hazard,or nuisance,or other detriment to persons,property,or uses in the vicinity; The Director finds granting approval of the proposed private streets will not cause damage hazard, or nuisance, other detriment to persons,property or uses in the vicinity. 3. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan; and, The Director finds the use and location of the proposed private streets does not conflict with the regional transportation plan. While private streets do not provide connectivity with adjacent neighborhoods, which is desired in the Comprehensive Plan, the properties to the east and west are already developed/entitled with no connectivity to this site. 4. The proposed residential development(if applicable)is a mew or gated development. This finding is not applicable as it's a multi family development and is not a mew or gated development. Page 47 E IDIAN --- AGENDA ITEM ITEM TOPIC: Approval of Task Order 1181.e to Stantec Consulting Services, Inc. for the Tertiary Filtration Upgrade—Final Design for the Not-To-Exceed amount of$2,256,927.00 (� E N MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts Meeting Date: 5/23/2023 Presenter: N/A Estimated Time: N/A Topic: Approval of Task Order 1181.e to Stantec Consulting Services, Inc. for the Tertiary Filtration Upgrade - Final Design for the Not-To-Exceed amount of$2,256,927.00 Recommended Council Action: Approval of Task Order 11281.e and authorize the Procurement Manager to sign and issue the resulting purchase order. Background: 1.1a, or Robert E. Simson IDIA N� City Council Members: Joe Borton John Overton E WLiz Strader Jessica Perreaul Public Works I D A H O BradHoaglun Line Ca.ener Department 000 TO: Mayor Robert E. Simison Members of the City Council FROM: David Briggs, P.E., P.M.P. DATE: May _, 2023 SUBJECT: WRRF TERTIARY FILTRATION UPGRADE—FINAL DESIGN WITH STANTEC FOR A NOT TO EXCEED OF $2,256,927.00 PURSUANT TO THE MASTER AGREEMENT APPROVED BY CITY COUNCIL OCTOBER 01,2020. REQUESTED COUNCIL DATE: I. RECOMMENDED ACTION A. Move to: 1. Approve Task Order#11281.E with Stantec for the WRRF Tertiary Filtration Upgrade—Final Design II. DEPARTMENT CONTACT PERSONS David Briggs,PE, PMP - PM 208-489-0347 Clint Dolsby, PE, Assistant City Engineer 208-489-0341 Warren Stewart, City Engineer 208-489-0350 Laurelei McVey, Director of Public Works 208-985-1259 III. DESCRIPTION A. Background The WRRF Tertiary Filtration Project is designed to reduce the effluent phosphorus loadings to Five Mile Creek through installation of a tertiary membrane system. The WRRF is currently in year six (6) of a ten-year NPDES compliance schedule to reduce these loadings. As part of a previous Task Order Page I of 4 (TO1), Stantec progressed the tertiary filtration concept presented in the City's 2018 Wastewater Resource Recovery Facility Plan (WRRF) and submitted a Preliminary Engineering Report (PER)to the Idaho Department of Environmental Quality (DEQ). After T01 was complete, the City indicated that the estimated capital cost of the project exceeded the budget amount that the City had dedicated for the tertiary facilities. Stantec volunteered to identify value engineering (VE) alternatives that may reduce or defer capital costs,thus allowing the City to stay within, or as close to,the City's budget as practical. The VE effort was performed under Task Order 11281.1) (TO213). Stantec also assisted the City pre-procure Membrane Equipment with Task Order 11281.13 (TO2A) which was needed to progress the design beyond the 30 percent stage. Stantec is now being tasked to help prepare final designs to get this project to Construction. B. Proposed Project This proj ect will incorporate work performed as part of Preliminary Design(TO 1), recommendations from the VE design work (TO213) and specifications from the Membrane Equipment design(TO2A)to get the project to 100%design. C. Consultant Selection Stantec was selected for this project due to their expertise in the design and analyses of wastewater treatment plants and their work on similar projects consisting of the same tertiary filtration technology that the City is looking to utilize. IV. IMPACT A. Strate ig c Impact: This project meets the City's mission requirements to identify and prioritize work to anticipate,plan and provide public services and facilities that support the needs of our growing community, ensure modern, reliable facilities, while maintaining financial stewardship and maintaining the ability to meet the changing permit limit requirements. B. Service/Delivery Impact: Implementing tertiary filtration at the WRRF will support departmental objectives to develop and employ strategies that comply with current and pending National Pollutant Discharge Elimination System Permit (NPDES). C. Fiscal Impact: Project Costs: ---------------------------------------------------------------------------------------------------------- Fiscal Year 2022 Page 2 of 4 ------------ ---------------- ---------------------------- ---------------------------------------------- Tertiary Filtration $797,946.00 Preliminary Design (TO1 )_ ---------------------------------------------------------- --------- Surve Work $15,000AO y ----- r WRRF Membrane Pre- $218,105.00 Procurement (TO2A) ----------------- .......----------------------------------------------------------------------- ------ ----------------------------------------------------------------,--------------------------------_ Total $1,031,051.00 ---------------------------------- --------------------------------------------------------------------- FiscalYear 2023----------------- ---- -------------------------------------------------------- ----------- ------ WRRF VE Validation Total $268 809.00 and Prelim Design _(TO24)----------- ' ---------------------------------------------------- ---- ----- WRRF Tertiary Filtration $2 256 927.00 Upgrade-Final Design (TO2C). ------------------ ------------------------------ ------------ - Total : $2,525, 736.00 ----------------------------------------------------------------------------------------;--------- ------------------------------------------Total_Project-Cost $3,556 787.00 Project Funding ---------------- --,-------------------- FY 2022 Tertiary Filter (3590/96154) $1,500,000 Expansion_(approved) -------------------------- --- -------------------- FY 2023 Tertiary Filter (3590/96154) $3,000,000 Expansion_(approved)_____ -------------------------------- ----------------------------------- --------------------------------------------- FY 2024 Tertiary Filter (3590/96154) $14,500,000 ::Expansion ro osed ' �p ----- ------- - ----------- ----------------------------------- ----------------------------------- ------ -------- ------------------- FY2025 Tertiary Filter (3590/96154) $21,000,000 Expansion_(proposed) __.. -------------------------------- - -------------------------------- -------------------------- --------------------------------------- FY2026TertiaryFilter (3590/96154) $7,000,000 :Ex nsn�ro----------- ---------------------- --------------------------------------------------------------------- '---------- FY 2031 Tertiary Filter (3590/96154) $1,610,000 Expansion_(proposed) ----------------------- ---------------------------------- --------------------------------------------------------------------------------------------------------- ----------------------------------;----------------------------------- ----------------------------------- Total Funding $48,610,000.00 Page 3 of 4 V. ALTERNATIVES No alternatives to this project at this time. VI. TIME CONSTRAINTS Council's approval will allow this project to continue towards completing design and construction of the tertiary filtration facilities and meet the NPDES compliance date of June 30, 2027. VII. LIST OF ATTACHMENTS Approved for Council Agenda: _ Page 4 of 4 TASK ORDER NO. 11281.E Pursuant to the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN (OWNER) AND STANTEC CONSULTING SERVICES, INC. (ENGINEER) This Task Order is made this 23rd day of May, 2023 and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "Owner", and accepted by STANTEC CONSULTING SERVI S INC., hereinafter referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement ( ategory 2a) between the above-mentioned parties dated October 1 , 0 0 The Project Name for this Task Order is as follows: TERTIARY FILTRATION UPGRADE - FINAL DESIGN GENERAL INFORMATION The City of Meridian ( ity) Water Resource Recovery Facility (WRRF) is in year six of a ten- year NPDES compliance schedule to reduce phosphorus effluent loadings to Fivemile reek as required in the 20 7 EPA administered NPDES permit. The City has previously completed a Wastewater Resource Recovery Facility Plan (WRRFP) in December 2018 per the facility planning process identified in the Idaho Administrative Procedures Act (IDAPA), section 58.0 . 6. As part of that effort, a comprehensive Capital Improvement Plan was identified to address the various treatment challenges and regulatory updates. In order to address more stringent total phosphorus removal requirements, the need for additional tertiary filtration was identified as part of that effort. This Task Order consists of engineering services to implement tertiary filtration improvements. These services are for progressing the preliminary design, which was completed as part of a previous task order, through contractor bidding and award including design progression to 90% (permitting set), 00% (bid) documents, and issued for construction documents. To streamline the project schedule, an intermediate 60% design submittal milestone is not included. Stantec will also provide bidding services to assist the City in awarding the construction contract. ASK ORD R 1 91. —Tertiary Filtration Upgrade-Final Design Page 1 of 21 Stantec Consulting Services PROJECT UNDERSTANDING Specific Project Requirements Stantec has identified several requirements for this project that will be used as a framework for establishing the preliminary and final design guidelines and expectations for the work. hese project requirements include schedule, criteria, and facility design elements Preliminary schedule requirements are listed below, while Attachment A provides an initial schedule assumed as part of this scope of work: • Final Design start by June 1, 2023 • Bid award by August 2024 • Substantial completion by March 026 • Startup and commissioning complete by June 30, 2026 • NPD S compliance date of June 30, 2027 (expected to be administered by State of Idaho) The 2040 flows will be the design basis of this project. However, the membrane capacity to be installed as part of this project will be 12.5 MGD. This design flow corresponds to a 2032 design year ( 2 4 MGD peak month flow in 2032). This reduced design flow to meet 2032 conditions is per City decisions that occurred during Task Order 11281 .D as part of the Capacity Phasing Evaluation. Design criteria requirements are as follows: • otal Phosphorus - 8.5 Ibs/day (May-Sep monthly average) • otal Phosphorus — 29.8 Ibs/day (Oct-Apr monthly average • Membrane Equipping Design Flow (2032) — 12.4 MGD (peak month) • Membrane Equipping Design Flow (2032) — 17.8 MGD (peak hour) • Overall System Design Flow (2040) — 14.2 MGD (peak month) • Overall System Design Flow (2040) — 22.3 MGD (peak hour) The following project elements in Table 1 are anticipated to be designed and constructed under this project. These serve as the basis for scoping and engineering services fee (fee). The outcome of the preliminary design ( 01) has determined the final project approach assumptions as noted below. ASK ORD R 1 91. —Tertiary Filtration Upgrade—Final Design Page 2 of 21 Stantec Consulting Services Table 1. Project Design Elements. Element/Process/Facility Description Assumptions Sitework Civil sitework High groundwater General grading and paving Utilities and Yard Piping Includes bypass of membrane facility, tie-in to offline equalization Electrical sitework New switchboard with feeds to sectionalizing cabinets, MCCs, and power panels in three buildings via buried duct banks Primary power designed upgrades Landscape architecture Gravel to match existing Coagulant Chemical Storage and Coagulant Pretreatment System New Chemical Building No.3 to house bulk Feed Bldg. chemical storage and feed equipment. Coagulant to be added to Secondary Clarifier Splitter Box, use existing coarse bubble aeration and diffusion wall for mixing. Tertiary Pretreatment Strainers Automatic backwashing strainers, nominal size of 200-300 micron anticipated Secondary Effluent Equalization Repurpose Reclaimed Water Use existing two 500kgal reclaimed water tanks, System associated piping and pumps Membrane Feed Pumping Station Wet Well Wet well to be co-located with equalization tank with isolation gates Membrane Feed Pumps Vertical turbine Tertiary Membrane Filtration Membrane based treatment and Micro or ultrafiltration membranes,with pressure Building ancillary equipment vessel configuration Ancillary systems may include backwash/reverse flow pumps, air scour blowers,clean-in-place system, neutralization system Sample and analysis benchtop MCCs and ancillary power system components, Electrical PLC/HMI. No dedicated operations room or workstations Building plumbing and strainer wastes discharged Residuals Handling to existing Plant Drain Pump Station Membrane backwash and CIP wastes discharge independently back to Headworks Membrane Chemical Storage Bulk and tote storage, feed pumps Retrofit of existing facility(Chemical Building No. and Feed Building and piping 1) ASK ORD R 1 91. —Tertiary Filtration Upgrade—Final Design Page 3 of 21 Stantec Consulting Services General Project Approach The following describes assumptions and conventions that were used in developing this scope of servi es Codes, Regulations, and Design Standards Plans and specifications will be prepared in accordance with the standard of care for professional engineering. City design standards, as applicable, will be used The facilities will be designed in a cordance with standards, codes and regulations in effect as of March 2023, and as des ribed in the Preliminary ngineering Report (PER) developed under T01 and any subsequent revisions to the PER Changes in codes and regulations which occur after the project start will be considered a change in scope Stante will be using specifications suited specifically for the design-bid-build delivery method based on its standard documents. The City will be responsible to provide front-end equipment and construction procurement documents (Division 00 and 0 ) for the final design construction bid. Stante will be responsible to provide all technical specifi ation sections and to review and collaborate with the City on the procurement documents and spe ifi ations Design Approach The design will be performed using Stantec's internal design standards and approaches, in luding digital delivery methodologies: 3D design, building information models (BIM), and intelligent P&IDs BIM models will be produ ed to an approximate level of development (LOD) 300 This LOD provides an accurate model where elements are defined with specific assemblies, precise quantity, size, shape, location and orientation are detailed Drawings will be produced from these models for City review. CAD and BIM software: Physical models for facilities: Revit family of products Civil: Civil 3D (The Revit model is fixed in space in this platform) Instrumentation and Control: AutoCAD Plant 3D Drawings will be prepared in ANSI D format (22 by 34 inches). Opinions of Probable Construction Cost Stante will prepare opinions of probable construction cost (OPCC) using the appropriate estimate classes, standard of are, and employing pertinent guidelines as established by the Association for the Advancement of Cost Estimating (AACE). OPCCs will be prepared midway between the 30% and 90% design and upon completion of the 90% design documents (Classes 3 and , respectively). City a knowledges that Stantec has no control over costs of labor, materials, competitive bidding environments and procedures, unidentified field conditions, financial and/or market conditions, or other fa tors likely to affect the OPCC of this project, all of which are and will unavoidably remain in a state of hange, especially considering the high volatility of the market attributable to A is of God and other market events beyond the control of the parties. City further acknowledges that this is a "snapshot in time" and that the reliability of this OPCC will ASK ORD R 1 91. —Tertiary Filtration Upgrade—Final Design Page 4 of 21 Stantec Consulting Services inherently degrade over time City agrees that Stantec cannot and does not make any warranty, promise, guarantee, or representation, either express or implied that proposals, bids, project onstruction costs, cost of operating, or cost of maintenance will not vary substantially from Stantec's good faith OPCC. "Design to Cost" Methodology This project to date has incorporated both "best value" and "affordability" decision making to strike a balan a between long term reliability and operability and cost in a volatile material supply and labor market. Value engineering efforts have been executed as noted above to confirm these approaches and overall project scope. However, it is not anticipated that this project is now "design to cost" with the asso iated potential rework and schedule delays implicit in that project delivery framework. It is anticipated that the current approach has sufficient scope and cost consideration and that this task order is oriented on design progression to meet schedule needs. Any additional V , or design hanges to address revised cost goals shall be addressed as scope amendments. Land Acquisition It is anticipated this project does not in lude any form of land acquisition. Project Delivery Model This s ope of servi es is structured for a conventional design-bid-build project delivery model. Project Staging and Sequencing The staging and sequencing will be developed in a continuation of the concepts developed in the Preliminary Engineering Report (PER) submitted as part of TO1. Assumptions: Stantec's standard drawing symbols and abbreviations will be used, with the exception of the City's new electrical standards. he City's new standards will be incorporated into the project. Standards specifications and formats will be used, with the exception of the City's new electrical standards. The City's new standards will be incorporated into the project. Stantec will adhere to City standards for equipment/asset tagging. Unless they are required for permitting, Stantec will not submit design calculations for the project, although they will be stored on internal Stantec servers. No LEED or ENVISION requirements are anticipated for the facility. It is assumed that deep foundation systems will not be required. Buildings will be premanufactured metal buildings as needed to mat h existing site archite tural standards. Site Drainage Study results will be shown on a Grading and Drainage Plan Notes sheet No report will be submitted. No restrooms or finished office spaces are anticipated. xisting structural facilities will be decommissioned, but not demolished. le trical onduit routing will not be shown on plan sheets. ASK ORD R 1 91. —Tertiary Filtration Upgrade—Final Design Page 5 of 21 Stantec Consulting Services Drawing List An update drawing list for Task Order 1128 has been included to show the expe ted drawings that will be developed under this ask Order. This list was used as the basis to confirm final design approach and establish level of effort; refer to Attachment B SCOPE OF WORK TASK 1 - Final Design Stante will prepare final plans and technical specifications based on the design con epts and criteria developed during Preliminary Design (TO1) and as further revised in Task Orders 11281 B and 1 8 .D The Final Design will be a progressive development of concepts and decisions implemented during the previous task orders. This Task Order 1 281 E includes design efforts to progress the design from previous preliminary design concepts through 100% design, including permitting and bidding. The Final Design will be documented in two formal design deliverables (90% and 100% design) but will be progressed with additional interim package checks as noted in the 90% design details herein. he design packages will be submitted to the City for review after ea h design deliverable is omplete. Interim review workshop sessions will be held for general review of the design to confirm design progress direction and incorporation of the design improvements and alterations. Design do uments will be signed and sealed by licensed engineers and submitted for the planning and permit applications. Formal workshops will be condu ted to review each of the two design deliverables with the City. The City review period is assumed to be two weeks for each deliverable. Stantec may elect to continued work in parallel to the City review to reduce overall schedule as needed. Stantec will maintain an up-to-date omment log in electronic format to track City review comments on each design submittal and review session and the associated Stantec responses City comments will be incorporated into the next submittal, as appropriate. Stante will assist the City in providing larification and/or responses for comments and questions that arise during the planning and permit application processes. General Task Order Assumptions and Exclusions • Closed Circuit elevision — It is not anticipated that closed circuit television will be required for any existing utilities on the site, or at the points of interconnection If during Final Design, a need for these services arises, these services can be authorized as supplemental services. • Water Quality Sampling and Analysis — It is not anticipated that additional sampling and water quality analysis will be required. Separate pilot testing activity will not be performed • Dewatering Investigation — It is not anticipated that a site-specific dewatering investigation will be required, however, the geotechnical report as performed in Task ASK ORD R 1 91. —Tertiary Filtration Upgrade—Final Design Page 6 of 21 Stantec Consulting Services Order 1 81 .13, will include groundwater levels, soil haracteristics and general recommendations for dewatering based upon the field investigations and site conditions identified and reported on by the geotechnical subcontractor. Dewatering systems will not be designed by Stantec and will be left up to the contractor to adequately dewater the subgrade based upon general dewatering specifications and specific site requirements. • Survey he City will perform the site survey and coordinate with Stante on the scope of work to incorporate the needs for Stantec's design team for a omprehensive site survey It is assumed that the City will be able to perform the survey and the survey information is available prior to the start of this work. • Current design does not include any pH control or stabilization downstream of the new tertiary filtration process • lectrical design will assume that heroical building areas will be considered non- orrosive spaces per City direction. 1 .1 Project Management and Coordination The project management and coordination work for this task order will include: 1 .1 .1 Project Management Plan Update Stante will revise the proje t management plan (PMP) developed during preliminary design to define the delivery approach, staffing, responsibilities, schedule, risks and project deliverables. The PMP will be reviewed and updated on a quarterly basis. 1.1.2 Progress Reporting Meetings Stante will keep the City advised of the status of the design progress. This coordination will in lude monthly project management meetings with the City with an average of three Stantec staff to ommuni ate and document identified project risks, action items, change of conditions, schedule updates, financial status, and general project status. The meetings are expected to average 90 minutes in duration, and Stantec will coordinate and submit agenda before and meeting notes within two working days of the meeting. Separate technical workshops will be scheduled outside of these monthly progress meetings. 1 .1 .3 Internal Team Coordination Stante will meet with design team leads on a bi-weekly basis to coordinate discipline status, identify risks, and provide a forum for issues or questions that need to be communicated or coordinated with the City or that need further attention within the design team. 1 .1 .4 Design Progress Review Meetings Stante will oordinate, prepare an agenda, and distribute notes from bi-weekly design meetings with the City through the 90% design. The agenda will generally be established as a result of items and questions identified during internal design meeting that need review, input or decisions made by the City. It is assumed that the City will provide decision makers from the WRRF and City including plant management, engineering, operations, maintenance, and electri al/controls staff Stantec will provide at least three team staff at each meeting but will ASK ORD R 1 91. —Tertiary Filtration Upgrade—Final Design Page 7 of 21 Stantec Consulting Services also in lude spe ific discipline leads as design conditions warrant. A portion of these meetings will in lude the ongoing design reviews in lieu of the 60% design submittal reviews where Stante will walk the City through the latest 3D models and design issues and challenges to get ongoing input into the design as it progresses to 90% level. 1 .1 .5 Progress Tracking and Reporting Stante will prepare and maintain tracking tools for monthly reporting and invoicing to the City. The invoicing will in lude monthly status updates on a task-by-task basis, physi al per ent complete status and any changes or new risks identified in the billing period. Assumptions: Invoicing will be performed monthly unless otherwise coordinated with the City due to inactivity. Progress reporting meetings are assumed to generally be virtual or with local Stante staff travelling to Meridian unless otherwise requested or coordinated for external staff to attend. Change logs and other documentation requested by the City will be kept and maintained on a Stantec Microsoft Teams SharePoint site. The SharePoint site will be available for the City and Stante staff and be used for shared and transfer documents. Notes will be taken by Stantec and distributed to the City for review and documentation of meeting decisions and topics. 1.2 Permitting The following site investigations and support will be completed in parallel to the final design effort. 1 .2.1 Permitting Support Stante will work with the City to identify necessary design phase permits for activities related to the project and detail the requirements for application for the permits, permit deadlines, contact persons, and processing time. Stantec will evaluate the need for new permits, modifi ations to existing City permits, and requirements for permit issuance For ea h applicable permit, Stantec will determine the permit application requirements and deadline(s) Stantec will also determine associated costs and requirements for construction, operating, and the schedule to obtain the permit. Findings from this task will be do umented in a Technical Memorandum (TM). The TM will summarize the evaluation process and serve as a reference guide for the authority and jurisdiction of the issuing agency, likely permit requirements, costs, application needs, and schedule impa is anticipated to construct the project. Stante will review and respond to the agency design review comments formally as part of this task The incorporation of agency review comments into the design will be part of the Issued for Constru tion task herein Assumptions and Deliverables: 0 he City will pay all permit fees. ASK ORD R 1 91. —Tertiary Filtration Upgrade—Final Design Page 8 of 21 Stantec Consulting Services • A revised/amended PER will be submitted as previously contracted. Review comments to the revised PER will be incorporated into the final design. No additional submittal is anticipated under this Task Order 11281 .E. • he City will coordinate and meet with permitting agencies, as required. No meeting support from Stantec is anticipated. Any additional meetings with the Idaho Department of Environmental Quality to discuss membrane equipment adherence to IDAPA requirements can be included as Supplemental Services. • he permitting to be reviewed is assumed to be limited to NPDES, Reuse Permit, and ity building permit • Stantec will not lead the permitting as part of Task Order 11281.E but will support the ity with information in the permit applications including documentation necessary for ity building permitting. • his effort assumes agency design review comments will be incorporated into the final design in separate task and Stantec will provide formal responses to the agency regarding their review comments It is assumed that the agencies will be limited to the ity of Meridian and Idaho DEQ. • It is not expected that additional permitting and approval negotiations are needed. • Draft and permitting memorandum with a table of the permits, technical deliverables required, contact person from the permitting authority, estimated schedule, and permit fees The memorandum will be finalized upon City review. • Agency meeting notes 1 .2.2 Idaho Power Energy Efficiency Support Stantec will assist in the preparation of the preliminary grant applications for Building fficiency and Custom Wastewater Process fficiency incentive programs. This task generally includes documenting energy efficient design measures included in the Project that qualify for grant incentives as follows: • Building Efficiency (lighting, HVAC, building envelope, controls) • ustom Wastewater Process Efficiency (motor systems, controls, pumps) ASK ORD R 1 91. —Tertiary Filtration Upgrade—Final Design Page 9 of 21 Stantec Consulting Services Assumptions and Deliverables: • he City will Provide coordination assistan a to the Consultant in support of the grant appli ation preparation. • lectronic copies of the draft preliminary grant applications and of the final preliminary grant applications (Excel spreadsheets). • Custom wastewater process efficiency grant application backup in luding calculations and support documents (Excel spreadsheets). • Stante reserves the right to sub ontract an energy efficiency expert to assist with the appli ation and associated information. 1 .3 Membrane Equipment Pre-procurement Support Membrane equipment pre-procurement will be selected and procured as part of ask Order 11281 B. However, Stantec will continue to track, answer questions, review submittals and provide support to the City after the membrane vendor bidding and selection process has been completed. This includes design progress meetings and workshops. Stantec will coordinate with the selected membrane supplier to obtain design feedback and certification of ompliance per the membrane pro urement specification documents. Assumptions and Deliverables: • Four 8-hour in-person design progression workshops are required with the membrane supplier, City, and up to four Stantec staff in attendance. • A maximum of 26 bi-weekly 1-hour design progress meetings are required with the supplier, City, and up to three Stantec staff in attendance. The purpose of these meetings is to coordinate with the membrane supplier on detailed design progression. • Procurement method will be owner pre-purchase of equipment to furnish to the ontractor • hree submittal reviews are expected be needed for the selected vendor's equipment (one initial and two revised submittals). It is expected that each submittal will be reviewed by me hanical, electrical, instrumentation and controls, structural, and building mechanical dis ipline leads, as well as other support engineering staff. A ross- discipline review will also be included to ensure conformity to all design omponents • Submittal review will include a review of existing design documents in development by Stante Stantec will either provide feedback to the membrane supplier based on Stante 's design efforts or will adapt design documents to be onsistent with the membrane package. Effort is included as part of this Task 1.3, as well as Task 1.4 for this effort. • Stante will work with manufacturer to adapt manufacturer standards to City and standards relevant to this project. • Stante will track progress of the procurement and delivery process monthly. • Stante will prepare a meeting agenda and minutes for all external meetings with the membrane supplier, including the bi-weekly progress meetings and design progression workshops. Internal coordination by Stantec to prepare any support materials for meetings is also included in this Task 1.3. ASK ORD R 1 91. —Tertiary Filtration Upgrade—Final Design Page 10 of 21 Stantec Consulting Services • Stantec will lead all meetings where the ity and/or membrane supplier is present. 1 .4 90% Design Documents The 90% Design phase will include major progression from the 30% design with direction from the interim check set sessions. The 90% Design submittal will progress the design to be substantially complete This submittal will include the complete set of plans and specifications expected for the project; an updated drawing list has been included as Attachment B. No new drawings and/or specification sections by Stantec will be expected after this stage City comments on the previous submittal and interim checks will have been resolved, addressed and/or incorporated in this submittal. The project is essentially finished except for City and regulatory final review and associated comment incorporation. The following are general descriptions of the design items for each discipline assumed for the design. The list of items included in the design may vary slightly as the design progresses and is adjusted. 1 .4.1 General • Update drawings (from previous Preliminary Design (T01) submittal) • Progress and finalize additional detail drawings • Update list of remaining drawings • Update list of specifications • Draft and finalize major equipment specifications • Update equipment list (major equipment) • Progress and finalize BIM models • Progress and finalize drawings • Progress and finalize specifications • Progress and finalize equipment list 1 .4.2 Process Mechanical • Finalize process design calculations • Finalize major equipment sizing and pipe sizing calculations • Finalize major equipment selection (type, size, weight, arrangement) • Update hydraulic profile • Finalize mechanical portion of P&IDs, including tag numbers • Select and size control valves and all other valves • Finalize pump and blower selection (e.g., type, size, weight, arrangement) • Revise piping materials • Update process mechanical drawings ASK ORD R 1 91. —Tertiary Filtration Upgrade—Final Design Page 1 of 21 Stantec Consulting Services • Draft and finalize equipment specifications and schedules. oordinate with coating, package control systems, and electric motor specifications. • Define process startup requirements. 1 .4.3 Civil • Road Design o Determine parking requirements. o Develop road layout for access to all buildings and structures. o Determine locations of driveways, curb cuts, dumpsters, etc. o Finalize roadway geometrics and horizontal and vertical alignments. • Site Grading o Prepare site grading drawings o stablish finish floor elevations and road profiles. o Develop terrain model and calculate earthwork quantities. • Site Drainage o Show stormwater control concepts (e.g., detention, swales, curb, and gutter) o Develop storm sewer system and coordinate with site utilities and with building services for roof drains. o Develop manhole and inlet concepts. o Size stormwater features - ponds, basins, ditches. • Site/ ivil Plans o Update and finalize site layout and set up overall survey control. Delineate the boundaries of the site constraints based on legal, environmental, and regulatory restrictions, including road layout, building locations, and overall grading. o stablish horizontal locations of major structures and buildings. Set up coordinate table and identify control points of facilities. o Locate contractor staging areas and haul routes. o Obtain traffic generation, paving, and parking requirements from City. 0 oordinate with Building Services to obtain fire access and hydrant requirements from Fire Marshall. o Identify access control, fencing, and security arrangements. o Landscaping will be limited to crushed gravel groundcover to match the existing facility and will be incorporated into civil design documents. ASK ORD R 1 91. —Tertiary Filtration Upgrade—Final Design Page 1 of 21 Stantec Consulting Services o Provide coordinates or layout dimensions for new fa ilities. Locate buildings and facilities by structural grid line intersection, if applicable o Finalize fencing, gates, security, and access control. o Finalize roadway pavement design, sections, and details. o Locate sidewalks, door, and equipment pads. o Finalize grading and add spot elevations. Coordinate with architectural and structural disciplines for grades at building entrances, equipment pads, and stair landings. • Site Utility Plans o Size storm sewer capacity/size and hydraulic grade line (HGL) profile. o Lay out process piping, storm drain system, and building services (water, fire protection, natural gas, sewer) o Lay out electrical power and communications duct banks, in coordination with ele trical and I&C dis iplines. o Determine conne tion points and lay out major piping and utilities. o Develop oordinate table to be completed in 90% Design. o Develop and finalize horizontal and vertical alignment of utility systems. o Develop and finalize storm drainage system based on final grading plan and omplete manhole and inlet schedule. o Develop and finalize pipe profile drawings. o Develop and finalize piping se tions. • Site Demolition Plans o Prepare site demolition plans • Site/Civil Details o Prepare project-specific and standard details. • Develop and finalize specifications 1 .4.4 Instrumentation & Control • Finalize control narratives and initiate control strategy specifications. • Draft and finalize ontrol system specifications, including instrument component specifi ations or instrument data sheets. • Size and select instruments. • Develop and finalize preliminary instrument list. • Develop and finalize preliminary 1/0 List. ASK ORD R 1 91. —Tertiary Filtration Upgrade—Final Design Page 13 of 21 Stantec Consulting Services • Develop equipment and package ontrol systems guidance that defines controls, operator interfaces, instrument, and 1/0 requirements. • Finalize P&ID drawings, including loop numbers, instrumentation, and 1/0 • Updated control system block diagram. • Progress and finalize P&IDs • Final control system block diagram. • Prepare installation details. • Prepare any other miscellaneous I&C drawings. • Review and provide input on actuator, adjustable speed drive, equipment, electrical, and pa kage control system specifications. • Incorporate telephone, data, access control, intrusion detection, CC V, and paging design (if any). • Finalize loop descriptions in Commissioning Database. • Finalize Design Calculations. 1 .4.5 Architectural • Finalize code analysis for each building on drawing sheets. • Finalize all life safety requirements including egress, fire suppression, and smoke ontrol, as appli able. • Develop and finalize interior design concepts. • Finalize floor plans and building elevations. • Develop and finalize major building and/or wall sections to define the vertical relationship of all building elements. • Finalize spe ifications, specification schedules, and coordinate with drawings: o Doors Assemblies o Window Assemblies o Louvers o Signage o Finishes: interior and exterior o Details included and properly coordinated into drawings o Floor, ceiling and roof plans o Fire extinguishers located and scheduled o Other architectural sections, appurtenances and details ASK ORD R 1 91. —Tertiary Filtration Upgrade—Final Design Page 14 of 21 Stantec Consulting Services 1 .4.6 Building Mechanical Services • Finalize minimum air change rates based on governing codes, agency, local requirements, and design guides. • Finalize room pressurization s heme • Finalize existing systems and apacities. • Finalize air flow schemati s; these will indicate major equipment and show the air flow balance to meet ventilation and pressurization requirements. • Finalize type of ventilation system to be used in process buildings (e.g., inlet air tempered with both inlet and outlet fans, simple exhaust fan system). • Confirm ontaminants of exhaust stream and ensure segregation of streams as required. • Based on the exhaust systems identified and the air discharge requirements, finalize the requirements for safe discharge. • Finalize HVAC control system approach and level of communication/control by the WRRF SCADA system. • Finalize fuel (e.g., gas, oil, or other fuel) for heating buildings; identify local fuel storage requirements. • Finalize utility requirements for all process, mechanical, and HVAC equipment • Finalize the design criteria for the utility systems including temperature, pressure, and filtration, for all systems. • Finalize the major equipment identified on P&ID drawings with respect to energy code requirements. Prepare HVAC data sheets for selected equipment. • Finalize the to ation of the major equipment identified on general arrangement drawings. Size of equipment rooms will be coordinated with Architect. • Finalize s hemati s for all identified systems. Include final control valve sizing, alarms, shutdown and control setpoints, drain valves added as a result of actual pipe routing, final sizes for relief valves, identification of hard-wired interlocks, and modification of the vendor supplied packages • Plans, Se Lions and Details o Develop and finalize HVAC Floor plans suitable for bidding and construction. Include plan drawings indi ating the duct routings, dimensions, sections, details and schedules. o Develop and finalize piping drawings suitable for bidding and construction (amount of detail will vary with the project). Show pipe routings, dimensions, sections, details, and schedules. o Develop and finalize HVAC standard details. Cross reference details to plans. o Develop and finalize HVAC equipment schedules. ASK ORD R 1 91. —Tertiary Filtration Upgrade—Final Design Page 15 of 21 Stantec Consulting Services • Develop and finalize louver sizing • Develop and finalize pressure drop al ulations. In orporate any changes to pressure drop calculations and motor sizing for each of the systems identified. • Develop and finalize heat tracing loads. • Develop and finalize Specifi ations: o for all utility systems including piping, insulation, etc. o for HVAC-related components including ductwork, insulation, etc. • Develop and finalize schedules. • Complete standard details 1 .4.7 Structural • Prepare and finalize foundation plan(s) and sections for buildings, equipment, and pipe racks. • Prepare and finalize framing plans, details and building sections of all floor levels and roof • Prepare and finalize exterior and interior elevation drawings to show brace to ations. • Prepare and finalize selected connection detail drawings. • Indicate slab depression(s) and/or slope(s) required for sumps, trenches, etc. • Prepare and finalize framing plans and details for equipment and pipe racks. • Show construction phasing and existing items to remain or be demolished on drawings • Prepare and finalize structural specifi ations. • Develop and finalize design alculations for: o structural design cal ulations of all gravity load resisting structural systems, members, and details. o lateral lad resisting systems calculations including those for all details. Describe flow of forces and/or systems in final calculation narrative. o structural design calculations for all mechanical, electrical, I & C, archite tural, pro ess, and related supports and systems that will not have calculations provided by deferred submittals. 1 .4.8 Electrical Development and finalization of primary power site electrical and associated connections to facility transformers and other equipment. Stantec will coordinate with DC Engineering regarding ongoing WRRF electrical improvements. Power Supply and Distribution: update load calculations. Determine if existing centralized standby power generation system which serves the entire facility has sufficient capacity to operate the membrane facility at full load or if it will ASK ORD R 1 91. —Tertiary Filtration Upgrade—Final Design Page 16 of 21 Stantec Consulting Services need to be operated at reduced load. Modifications to the standby power generation system are not in the scope of this project. Single-line Diagrams o Finalize overall Single-line diagram. o Update and finalize preliminary Single-line diagrams for each proposed facility. • quipment Elevations o Further evaluate accuracy of elevations to confirm allocated space is suffi ient. • Site le trical o Develop and finalize to ation of outdoor electrical equipment, such as transformers and sectional cabinets. o Lay out duct bank system, including major runs, manholes, and handholes. • Plans o Develop and finalize size of electrical rooms and update layout of the major ele trical equipment located in each electrical room. o Identify routing methods for electrical conduit and trays. o Determine equipment, if any, requiring uninterruptible power supplies (UPS) and locations of UPS equipment. • Lighting Design o Develop and finalize detailed lighting concepts; select luminary types in onjunction with architect. o Develop and finalize lighting layouts and initial lighting calculations. o Develop and finalize preliminary site lighting layout. • Develop and finalize ele trical specifi ations • Finalize short circuit calculations. • Finalize heat load calculations for duct banks. • Finalize power supply and distribution • Develop and finalize ele trical drawings o le trical Legend and Abbreviations o Site Plan(s) o Single-line Diagram(s) o levations o Control Diagrams o Demolition Plans o Power Plans ASK ORD R 1 91. —Tertiary Filtration Upgrade—Final Design Page 17 of 21 Stantec Consulting Services o Lighting Plans o Grounding Plans o Hazardous Area Definition Plans and Sections (where needed for clarity) o Riser Diagrams (for telephone, data, fire alarms, security, paging) o le trical Schedules o Standard Details 1.5 100% Design (Bid) and Issued for Construction Documents Following receipt of City and regulatory review comments on the 90% Design submittal, Stante will prepare and submit 100% Design documents. It is not anticipated that additional design elements will be identified or incorporated between 90% and 100% Design, rather this deliverable is intended to include final review comments and minor annotative clarification for bidding and construction clarity and accura y. As part of this Task 1.5, Stantec will provide a final Issued for Construction set for the contractor that includes addenda at the completion of bidding services (see Task 1.9). No additional design effort is expected after this submittal before onstru tion begins. 1 .6 Quality Control Stante will perform internal to hnical review prior to submittal to the City, per its Quality Management Plan and Stantec's corporate standards. Stantec's Engineers of Record will review and all deliverables and criti al cal ulations prior to sending for internal independent reviews by a qualified senior engineer or technician. In addition, all documents requiring multiple dis iplines will be reviewed for interdisciplinary coordination. All Stantec reviews will have documented review comment and responses. Only upon the completion of this level of quality ontrol will deliverables be sent to the City or permitting agencies for review. City and other review comments will be addressed, formally responded to, and documented. Deliverables: • Responses to City comments • City omment response log 1 .7 Capital and O&M Cost Updates 1 .7.1 Interim Cost Opinion The 30% design submittal and associated OPCC will be used as a baseline for the City's use. Cost estimate adjustment will be made as the design progresses toward 90%. Stantec will not perform an OPCC update between 30% and 90% but will rely on the cost trending revisions as changes are made to the design. In addition, the O&M cost estimates will be updated accordingly if assumptions and design direction is altered. 1 .7.2 90% Cost Opinion The 90% Design submittal to the City will be the basis of the final updated bottom-up OPCC for City review his cost opinion will address design development to-date and any cost trend ASK ORD R 1 91. —Tertiary Filtration Upgrade—Final Design Page 18 of 21 Stantec Consulting Services items since the previous OPCC developed during the Interim Cost Opinion This OPCC will be the engineer's estimate for comparison to project construction bids. In addition, the O&M cost estimates will be updated accordingly if assumptions and design direction is altered. 1 .7.3 Construction Cost Model Trending Stantec will establish the construction cost model trending form the Class 3 OPCC that was performed in the preliminary design. Changes in cost expectation will be tracked and shared with the City, to allow for efficient design and cost management. The focus will be to avoid cost over-run and achieve budgeted project goals. The information will be tracked in the change/decision log and shared at each monthly meeting with the appropriate adjustments to the cost trend model. Assumptions and Deliverables: • ost trend log at each monthly update and OPCC deliverable. • OPCC, final Class 2 • Updated O&M estimates 1 .8 Interim Checks and 90% Review Workshops Stantec will coordinate an interim design check session between the 30% design completion and the 90% design submittal in lieu of a 60% design deliverable review. The intent of this session is to review the progress of the design, provide a forum for City staff to provide feedback on design progress and changed items since 30% and previous design review checks along with a forum for collaboration and design change/decision documentation. However, this will not include a formal design submittal but will rather be a comprehensive digital walkthrough of the design. Stantec will also hold a review workshop with City Staff at the end of the City's review of the 90% Design submittal This workshop will be held to discuss staff review comments, clarify elements in the submittal as needed, and confirm approach to allow the report to be finalized. In addition, Stantec may review the design progression at each regular meeting with the ity including walkthrough of 3D and design models as they progress, design issues that have risen since previous discussions, clarifications and other design challenges and decisions. his effort is in lieu of the 60% design deliverable review. Assumptions and Deliverables: • hree Stantec staff will be in-person for the interim review session and 90% review workshop for the entire meeting plus discipline leads involved as needed virtually. • he interim review session and 90% workshop are assumed to take approximately 3- hours per session (not including the regular design progression reviews) • he ity will provide sufficient staff for the various discipline areas to provide adequate review of the design progression. • hese sessions will be attended both virtually and in-person at the City conference room. ASK ORD R 1 91. —Tertiary Filtration Upgrade—Final Design Page 19 of 21 Stantec Consulting Services • Response and documentation of interim check review comments and decisions • Response to 90% review omments • Workshop notes will be provided 1.9 Bidding Services The intent of the bid period servi es is to provide engineering support to the City to issue and review ontra for bids. Stantec will assist the City in technical aspects of bidding Spe ific services to be provided are as follows: 1 .9.1 Technical Specifications and Plans Stante will make technical plans and specifications available to the City in the form of electronic PDF files to be used in the solicitation. 1 .9.2 Pre-bid Conference Stante will attend a pre-bid conferen a and prepare a concise summary presentation of project work elements The City will prepare and distribute a Pre-Bid Agenda and minutes of the meetings. 1 .9.3 Bidder Questions / Addenda Stante will provide answers / clarifications to the City Procurement Division to incorporate un addenda. All answers / clarifications will be documented in writing on a standard Proje t Information Request Form and submitted to the Procurement Manager with a copy to the City's Project Manager The number of questions is not expected to exceed 15 and level of effort per question is assumed to be approximately two hours per bidder question. 1 .9.4 Bid Review Stante will attend the package bid openings conducted by the City. Stantec will perform a general conforman a review of the two apparent low bidders and provide a bid review letter for City use in determining bid responsiveness and recommendation for award. Additional Bidding Assumptions and xclusions: • Levels of effort and associated budget beyond these assumptions shall be authorized in writing as Supplemental Services • Conformed Do uments — It is not anticipated that conformed documents will be prepared. • City to manage bid documents and bid opening. • City to oordinate and lead Pre-bid Conference. ASK ORD R 1 91. —Tertiary Filtration Upgrade—Final Design Page 20 of 21 Stantec Consulting Services TIME OF COMPLETION and COMPENSATION SCHEDULE COMPENSATION AND COMPLETION SCHEDULE Task Description Estimated Completion Date Compensation 1 Final Design ■ 1.1 Project Management& Coordination ■ August 27, 2024 $201,172 1.2 Permitting ■ 1.2.1 Permitting Support ■ Aril 30, 2024 $45,275 1.2.2 Idaho Power Energy Efficiency . April 30, 2024 $11,571 Support SUB TOTAL ■ $56,846 1.3 Membrane Equipment Pre- ■ May 2, 2024 Procurement Support $110,024 1.4 90% Design Documents ■ April 23, 2024 $1,399,848 1.5 100% Design (Bid) & Issued for ■ May 7, 2024 Construction Documents $280,061 1.6 Quality Control ■ May 7, 2024 $112,657 1.7 Capital & O&M Cost Updates ■ March 8, 2024 1.7.1 Interim Cost Opinion ■ March 8, 2024 $35,055 1.7.2 1 90% Cost Opinion ■ March 8, 2024 $12,056 1.7.3 1 Construction Cost Model Trending ■ March 8, 2024 $7,275 SUB TOTAL ■ $54,386 1.8 Interim Checks and 90% Review ■ March , 2024 Workshops $22,692 1.9 1 Bidding Services I August 27, 2024 1 $19,241 TASK ORDER TOTAL: $2,256,927 The Time & Materials Not-To-Exceed amount to omplete all services listed above for this Task Order is Two Million, Two Hundred Fifty-Six Thousand, Nine Hundred Twenty-Seven Dollars ($2,256,927). No compensation will be paid over the Not-to-Exceed amount without prior written approval by the Owner in the form of a Change Order. No travel or expenses will be reimbursed through this agreement All costs must be incorporated in the individual tasks within the Compensation and Completion Schedule above. CITY OF MERIDIAN CONSULTANT Digitally signed by Michael Michael Fuss F U 5 5 Date:2023.05.16 BY: BY: 08:14:38-06'00' K ITH WATTS, Purchasing Manager MICHAEL FUSS, P E., Inland NW Pra tice Lead Dated: ated: City Project Manager: David Briggs, P. . 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O O 0 "O\ E u i w O N f0 E m \ Z U m ii 0 7E O a Y w F- o in �o r ro a+ o v v ity of Me idia Drawing List Tertiary Filtration Facilities ATTACHMENT B - FINAL DESIGN DRAWING LIST SUBMITTAL # DRAWING NO.DRAWING NAME 30% 90% Final GENERAL DRAWINGS 1 000-G-001 COVER SHEET X X X 2 000-G-002 SHEET INDEX-I X X X 3 000-G-003 SHEET INDEX-11 X X X 4 000-G-004 COMMON SYMBOLS X X X 5 000-G-005 COMMON ABBREVIATIONS X X X 6 100-G-001 DESIGN CRITERIA-I X X X 7 100-G-002 DESIGN CRITERIA-II X X 8 100-G-101 OVERALL SITE PLAN X X 9 100-G-601 PIPE SCHEDULE X X X 10 100-G-602 PROCESS FLOW DIAGRAM X X X 11 100-G-603 LIQUID STREAM HYDRAULIC PROFILE X X X 12 100-G-604 BYPASS LIQUID STREAM HYDRAULIC PROFILE X X X 13 100-G-605 EMERGENCY OVERFLOW LIQUID STREAM HYDRAULIC PROFILE X X X 14 100-G-606 EQUALIZATION STREAM HYDRAULIC PROFILE X X X CIVIL DRAWINGS 15 000-C-001 CIVIL NOTES,ABBREVIATIONS AND SYMBOLS X X X 16 000-C-501 CIVIL STANDARD DETAILS-I X X 17 000-C-502 CIVIL STANDARD DETAILS-11 X X 18 000-C-503 CIVIL STANDARD DETAILS-III X X 19 000-C-504 CIVIL STANDARD DETAILS-IV X X 20 000-C-505 CIVIL STANDARD DETAILS-V X X 21 100- D-101 DEMOLITION PLAN X X X 22 100- D-102 SITE DEMOLITION PLAN-AREA I X X X 23 100- D-103 SITE DEMOLITION PLAN-AREA 11 X X X 24 100- D-104 SITE DEMOLITION PLAN-AREA III X X X 25 100- D-105 SITE DEMOLITION PLAN-AREA IV X X X 26 100-C-101 OVERALL SITE PLAN AND KEY SHEET X X X 27 100-C-102 HORIZONTAL CONTROL AND PAVING-AREA I X X X 28 100-C-103 HORIZONTAL CONTROL AND PAVING-AREA 11 X X X 29 100-C-104 HORIZONTAL CONTROL AND PAVING-AREA III X X X 30 100-C-105 HORIZONTAL CONTROL AND PAVING-AREA IV X X X 31 100-C-106 GRADING AND DRAINAGE PLAN-AREA I X X 32 100-C-107 GRADING AND DRAINAGE PLAN-AREA II X X 33 100-C-108 GRADING AND DRAINAGE PLAN-AREA III X X 34 100-C-109 GRADING AND DRAINAGE PLAN- AREA IV X X 35 100-C-110 YARD PIPING PLAN-AREA I x X X 36 100-C-111 YARD PIPING PLAN-AREA II X X X 37 100-C-112 YARD PIPING PLAN-AREA III X X X 38 100-C-113 YARD PIPING PLAN-AREA IV X X X 39 100-C-201 YARD PIPING PROFILES-I X X 40 100-C-202 YARD PIPING PROFILES-11 X X 41 100-C-203 YARD PIPING PROFILES-III X X 42 100-C-204 YARD PIPING PROFILES-IV X X 43 100-C-205 YARD PIPING PROFILES-V X X 44 100-C-206 YARD PIPING PROFILES-VI X X 45 100-C-207 YARD PIPING PROFILES-VI X X 46 100-C-301 SITE SECTIONS-I X X 47 100-C-302 SITE SECTIONS-11 X X 48 100-C-303 SITE SECTIONS-III X X 49 100-C-304 SITE SECTIONS-IV X X 50 100-C-501 DETAILS-I X X 51 100-C-502 DETAILS-11 X X 52 100-C-503 DETAILS-III X X 53 100-C-504 DETAILS-IV X X 54 100-C-505 DETAILS-V X X 55 100-C-601 YARD PIPING POINT TABLE-I X X 56 100-C-602 YARD PIPING POINT TABLE-11 X X 57 100-C-603 YARD PIPING POINT TABLE-III X X DRAWINGSSTRUCTURAL 58 000-S-001 STRUCTURAL GENERAL NOTES X X X 59 000-S-002 STRUCTURAL INSPECTION SHEET-I X X X 60 000-S-003 STRUCTURAL INSPECTION SHEET-11 X X X 61 000-S-004 STRUCTURAL INSPECTION SHEET-III X X X 62 000-S-501 STANDARD DETAILS-I X X 63 000-S-502 STANDARD DETAILS-11 X X 64 000-S-503 STANDARD DETAILS-III X X 65 000-S-504 STANDARD DETAILS-IV X X 66 000-S-505 STANDARD DETAILS-V X X 67 000-S-506 STANDARD DETAILS-VI X X 68 000-S-507 STANDARD DETAILS-VII X X 69 000-S-508 STANDARD DETAILS-Vill X X 70 000-S-509 STANDARD DETAILS-IX X X 71 000-S-510 STANDARD DETAILS-X X X 72 000-S-511 STANDARD DETAILS-XI X X 73 000-S-512 STANDARD DETAILS-XII X X 74 500-S-101 OVERALL FOUNDATION PLAN X X X 75 500-S-102 PARTIAL FOUNDATION PLAN-I X X X 76 500-S-103 PARTIAL FOUNDATION PLAN-11 X X X 77 500-S-104 OVERALL LEVEL 1 FLOOR PLAN X X X 78 500-S-105 PARTIAL LEVEL 1 FLOOR PLAN-I X X X ® Stantec 1 of 5 ity of Me idia Drawing List Tertiary Filtration Facilities SUBMITTAL # DRAWING NO.DRAWING NAME 30% 90% Final 79 500-S-106 PARTIAL LEVEL 1 FLOOR PLAN-11 X X X 80 500-S-107 OVERALL MEZZANINE PLAN X X 81 500-S-108 PARTIAL MEZZANINE PLAN-I X X 82 500-S-109 PARTIAL MEZZANINE PLAN-II X X 83 500-S-110 OVERALL ROOF PLAN X X 84 500-S-111 PARTIAL ROOF PLAN-I X X 85 500-S-112 PARTIAL ROOF PLAN-11 X X 86 500-S-301 SECTIONS-I X X X 87 500-S-302 SECTIONS-II X X 88 500-S-303 SECTIONS-III X X 89 500-S-304 SECTIONS-IV X X 90 500-S-305 SECTIONS-V X X 91 500-S-306 SECTIONS-VI X X 92 500-S-307 SECTIONS-VII X X 93 500-S-401 ENLARGED PLANS-I X X 94 500-S-402 ENLARGED PLANS-II X X 95 500-S-403 ENLARGED PLANS-III X X 96 500-S-404 ENLARGED PLANS-IV X X 97 500-S-501 DETAILS-I X X 98 500-S-502 DETAILS-11 X X 99 500-S-503 DETAILS-III X X 100 500-S-504 DETAILS-IV X X 101 500-S-505 DETAILS-V X X 102 500-S-506 DETAILS-VI X X 103 500-S-507 DETAILS-VII X X 104 500-S-508 DETAILS-VIII X X 105 500-S-509 DETAILS-IX X X 106 500-S-510 DETAILS-X X X 107 510-S-101 FOUNDATION PLAN X X X 108 510-S-102 ROOF PLAN X X 109 510-S-301 SECTIONS-I X X 110 510-S-302 SECTIONS-11 X X 111 510-S-303 SECTIONS-III X X 112 510-S-501 DETAILS-I X X 113 510-S-502 DETAILS-11 X X 114 510-S-503 DETAILS-III X X 115 530-S-101 FOUNDATION PLAN X X X 116 530-S-102 FLOOR PLAN X X X 117 530-S-103 ROOF PLAN X X 118 530-S-301 SECTIONS-I X X X 119 530-S-302 SECTIONS-11 X X 120 530-S-303 SECTIONS-III X X 121 530-S-501 DETAILS-I X X 122 530-S-502 DETAILS-11 X X 123 530-S-503 DETAILS-III X X ARCHITECTURAL DRAWINGS 124 000-A-001 ABBREVIATIONS AND SYMBOLS,GENERAL NOTES X X 125 000-A-501 STANDARD DETAILS-I X X 126 000-A-502 STANDARD DETAILS-11 X X 127 000-A-503 STANDARD DETAILS-III X X 128 000-A-504 STANDARD DETAILS-IV X X 129 000-A-505 STANDARD DETAILS-V X X 130 000-A-506 STANDARD DETAILS-VI X X 131 000-A-601 DOOR,WINDOW,LOUVER&INTERIOR FINISH SCHEDULES AND TYPES X X 132 500-A-001 CODE SUMMARY AND LIFE SAFETY PLAN X X X 133 500-A-101 FLOOR PLAN X X X 134 500-A-102 ROOF PLAN X X X 135 500-A-103 REFLECTED CEILING PLAN X X 136 500-A-201 EXTERIOR ELEVATIONS-I X X X 137 500-A-202 EXTERIOR ELEVATIONS-11 X X 138 500-A-301 BUILDING SECTIONS X X 139 500-A-302 WALL SECTIONS&DETAILS X X 140 500-A-901 ISOMETRIC VIEWS-I X X X 141 500-A-902 ISOMETRIC VIEWS-11 X X X 142 510-A-001 CODE SUMMARY AND LIFE SAFETY PLAN X X X 143 510-A-101 FLOOR PLAN X X X 144 510-A-301 SECTIONS AND DETAILS X X 145 510-A-901 ISOMETRIC VIEWS-I X X X 146 510-A-902 ISOMETRIC VIEWS-11 X X X 147 530-A-001 CODE SUMMARY AND LIFE SAFETY PLAN X X X 148 530-A-101 FLOOR PLAN X X X 149 530-A-102 ROOF PLAN X X X 150 530-A-201 EXTERIOR ELEVATIONS X X X 151 530-A-202 BUILDING SECTIONS X X 152 530-A-301 WALL SECTIONS AND DETAILS X X 153 530-A-901 ISOMETRIC VIEWS-I X X X 154 530-A-902 ISOMETRIC VIEWS-11 X X X INSTRUMENTATION • • 155 000-1-001 INSTRUMENTATION AND CONTROLS SYMBOLS AND NOMENCLATURE-I X X X 156 000-1-002 INSTRUMENTATION AND CONTROLS SYMBOLS AND NOMENCLATURE-11 X X X 157 000-1-003 INSTRUMENTATION AND CONTROLS SYMBOLS AND NOMENCLATURE-III X X X ® Stantec 2of5 ity of Me idia Drawing List Tertiary Filtration Facilities SUBMITTAL # DRAWING NO.DRAWING NAME 30% 90% Final 158 000-1-004 INSTRUMENTATION AND CONTROLS SYMBOLS AND NOMENCLATURE-IV X X X 159 000-1-005 INSTRUMENTATION AND CONTROLS SYMBOLS AND NOMENCLATURE-V X X X 160 000-1-201 PLC PANEL CONTROLLOGIX-I X X 161 000-1-202 PLC PANEL CONTROLLOGIX-11 X X 162 000-1-203 PLC PANEL CONTROLLOGIX-III X X 163 000-1-204 PLC PANEL CONTROLLOGIX-IV X X 164 000-1-205 PLC PANEL COMPACTLOGIX-I X X 165 000-1-206 PLC PANEL COMPACTLOGIX-II X X 166 000-1-207 PLC PANEL COMPACTLOGIX-III X X 167 000-1-208 PLC PANEL COMPACTLOGIX-IV X X 168 000-1-207 FIBER NETWORK SWITCH PANEL-I X X 169 000-1-501 INSTALLATION DETAILS-I X X 170 000-1-502 INSTALLATION DETAILS-11 X X 171 000-1-503 INSTALLATION DETAILS-III X X 172 000-1-504 INSTALLATION DETAILS-IV X X 173 000-1-505 INSTALLATION DETAILS-V X X 174 000-1-506 INSTALLATION DETAILS-VI X X 175 000-1-507 INSTALLATION DETAILS-VII X X 176 000-1-520 ANALYZER RACK DETAILS-I X X 177 000-1-521 ANALYZER RACK DETAILS-11 X X 178 000-1-601 SAMPLE WIRING DIAGRAMS-I X X 179 000-1-602 SAMPLE WIRING DIAGRAMS-11 X X 180 000-1-603 CONTROL NETWORK ARCHITECTURE-I X X X 181 000-1-604 CONTROL NETWORK ARCHITECTURE-II X X X 182 000-1-605 CONTROL NETWORK ARCHITECTURE-III X X X 183 000-1-606 CONTROL NETWORK ARCHITECTURE-IV X X X 184 420-1-601 SPLITTER BOX P&ID X X X 185 475-1-601 COLLECTION BOX P&ID X X X 186 500-1-601 MF FEED WETWELL P&ID-I X X X 187 500-1-602 MF FEED WETWELL P&ID-11 X X X 188 500-1-603 MF INFLUENT STRAINERS P&ID-I X X X 189 500-1-604 MF INFLUENT STRAINERS P&ID-11 X X X 190 500-1-605 MF SYSTEM P&ID X X X 191 500-1-606 MF TRAIN 1P&ID X X X 192 500-1-607 MF TRAIN 2 P&ID X X 193 500-1-608 MF TRAIN 3 P&ID X X 194 500-1-609 MF TRAIN 4 P&ID X X 195 500-1-610 MF TRAIN 5 P&ID X X 196 500-1-611 MF COMPRESSED AIR DISTRIBUTION P&ID X X 197 500-1-612 MF SOLENOID MANIFOLDS P&ID X X 198 500-1-613 MF NEUTRALIZATION TANK P&ID X X X 199 500-1-614 MF BACKPULSE P&ID X X X 200 500-1-615 MF CLEAN-IN-PLACE TANK P&ID X X X 201 500-1-616 MF COMPRESSED AIR P&ID X X X 202 500-1-617 MF AIR SCOUR SYSTEM P&ID X X X 203 500-1-620 TERTIARY DRAIN PUMP STATION P&ID X X X 204 500-1-630 HVAC P&ID X X 205 510-1-601 SODIUM HYDROXIDE STORAGE AND FEED SYSTEM P&ID X X X 206 510-1-602 SODIUM HYPHOCHLORITE STORAGE AND FEED SYSTEM P&ID X X X 207 510-1-603 SODIUM BISULFITE STORAGE AND FEED SYSTEM P&ID X X X 208 510-1-604 SULFURIC ACID STORAGE AND FEED SYSTEM P&ID X X X 209 510-1-605 CITRIC ACID STORAGE AND FEED SYSTEM P&ID X X X 210 510-1-610 HVAC P&ID X X 211 530-1-601 COAGULANT SYSTEM STORAGE P&ID X X X 212 530-1-602 COAGULANT FEED P&ID X X X 213 530-1-610 HVAC P&ID X X 214 XXX-1-601 EQUALIZATION PUMP STATION X X X 215 XXX-1-602 EQUALIZATION TANKS X X X 216 XXX-1-603 EQUALIZATION DISCHARGE PUMP STATION X X X PROCESS 217 000-D-001 MECHANICAL GENERAL NOTES,SYMBOLS,LEGEND AND ABBREVIATIONS X X X 218 000-D-002 STANDARD DETAILS-I X X 219 000-D-003 STANDARD DETAILS-11 X X 220 000-D-004 STANDARD DETAILS-III X X 221 000-D-005 STANDARD DETAILS-IV X X 222 000-D-006 STANDARD DETAILS-V X X 223 000-D-007 STANDARD DETAILS-VI X X 224 500-D-101 FLOOR PLAN X X X 225 500-D-102 TYPICAL MEMBRANE ENLARGED PLAN-I X X X 226 500-D-103 PUMP STATION ENLARGED PLAN-11 X X X 227 500-D-104 PUMP STATION AND TANK ENLARGED PLAN-III X X X 228 500-D-105 TANKS ENLARGED PLAN-IV X X X 229 500-D-106 BLOWERS/COMPRESSORS ENLARGED PLAN-V X X X 230 500-D-301 MEMBRANE RACKS SECTION-I X X X 231 500-D-302 PUMP STATION SECTION-11 X X X 232 500-D-303 PUMP STATION AND TANKS SECTION-III X X X 233 500-D-304 SECTION-IV X X X 234 500-D-305 TANKS SECTIONS-V X X X 235 500-D-306 SECTION-VI X X X 236 500-D-307 SECTION-VII X X X 237 500-D-501 DETAILS-I X X ® Stantec 3of5 ity of Me idia Drawing List Tertiary Filtration Facilities SUBMITTAL # DRAWING NO.DRAWING NAME 30% 90% Final 238 500-D-502 DETAILS-II X X 239 500-D-503 DETAILS-III X X 240 500-D-504 DETAILS-IV X X 241 500-D-505 DETAILS-V X X 242 500-D-506 DETAILS-VI X X 243 500-D-507 DETAILS-VII X X 244 500-D-508 TERTIARY DRAIN PUMP S ATION DETAILS X X 245 500-D-901 ISOMETRIC-I X X X 246 500-D-902 ISOMETRIC-11 X X X 247 500-D-903 ISOMETRIC-III X X X 248 510-DD-001 DEMOLITION FLOOR PLAN X X X 249 510-DD-501 DEMOLITION DETAILS X X 250 510-D-101 FLOOR PLAN X X X 251 510-D-102 EXTERIOR TANKS ENLARGED PLAN-I X X X 252 510-D-103 CHEMICAL FEED ROOM 1 ENLARGED PLAN-11 X X X 253 510-D-104 CHEMICAL FEED ROOM 2 ENLARGED PLAN-III X X X 254 510-D-301 CHEMICAL FEED ROOM 1 SECTION-I X X X 255 510-D-302 CHEMICAL FEED ROOM 2 SECTION-11 X X X 256 510-D-303 SECTION-III X X X 257 510-D-304 SECTION-IV X X X 258 510-D-305 SULFURIC ROOM SECTION-V X X X 259 510-D-501 DETAILS-I X X 260 510-D-502 DETAILS-11 X X 261 510-D-503 DETAILS-I X X 262 510-D-901 ISOMETRIC VIEW X X X 263 530-D-101 FLOOR PLAN X X X 264 530-D-102 ENLARGED PLAN-I X X X 265 530-D-103 ENLARGED PLAN-11 X X X 266 530-D-201 ELEVATION X X X 267 530-D-301 SECTION-I X X X 268 530-D-302 SECTION-11 X X X 269 530-D-303 SECTION-III X X X 270 530-D-501 DETAILS-I X X 271 530-D-502 DETAILS-11 X X 272 530-D-901 ISOMETRIC VIEW-I X X X 273 530-D-902 ISOMETRIC VIEW-11 X X X 274 XXX-DD-101 DEMOLITION FLOOR PLAN X X X 275 XXX-D-101 PUMPING FACILITIES-FLOOR PLAN X X X 276 XXX-D-102 TANKS-PLAN X X X 277 XXX-D-301 PUMPING FACILITIES-SECTION I X X X 278 XXX-D-302 PUMPING FACILITIES-SECTION 11 X X 279 XXX-D-303 TANKS-SECTION I X X X 280 XXX-D-304 TANKS-SECTION II X X 281 XXX-D-501 RECLAIMED WATER FACILITY-DETAILS I X X 282 XXX-D-502 RECLAIMED WATER FACILITY-DETAILS 11 X X 283 XXX-D-503 RECLAIMED WATER FACILITY-DETAILS III X X HVAC DRAWINGS 284 000-M-001 HVAC SYMBOLS,NOTES,AND ABBREVIATIONS X X X 285 000-M-002 HVAC CODE REVIEW X X X 286 000-M-501 HVAC STANDARD DETAILS-I X X X 287 000-M-502 HVAC STANDARD DETAILS-11 X X X 288 000-M-503 HVAC STANDARD DETAILS-III X X 289 000-M-504 HVAC STANDARD DETAILS-IV X X 290 000-M-601 HVAC EQUIPMENT SCHEDULES-I X X X 291 000-M-602 HVAC EQUIPMENT SCHEDULES-11 X X X 292 000-M-603 CONTROLS-I X X 293 000-M-604 CONTROLS-11 X X 294 000-M-605 CONTROLS-III X X 295 000-M-606 CONTROLS-IV X X 296 500-M-101 OVERALL FLOOR PLAN X X X 297 500-M-102 OVERALL ROOF PLAN X X X 298 500-M-301 SECTIONS-I X X 299 500-M-302 SECTIONS-11 X X 300 500-M-401 WEST FLOOR PLAN X X 301 500-M-402 EAST FLOOR PLAN X X 302 510-MD-101 OVERALL DEMOLITION PLAN X X X 303 510-M-101 OVERALL FLOOR&ROOF PLAN X X X 304 510-M-301 SECTIONS X X 305 530-M-101 OVERALL FLOOR&ROOF PLAN X X X 306 53044-301 SECTIONS-I X X 307 530-M-302 SECTIONS-11 X X PLUMBING DRAWINGS 308 000-15701 PLUMBING SYMBOLS,NOTES AND ABBREVIATIONS X X X 309 000-P-501 PLUMBING STANDARD DETAILS-I X X X 310 000-P-502 PLUMBING STANDARD DETAILS-11 X X 311 000-P-503 PLUMBING STANDARD DETAILS-III X X X 312 000-P-601 PLUMBING SCHEDULES X X 313 500-P-101 SANITARY DRAINAGE OVERALL PLAN X X 314 500-P-102 POTABLE WATER OVERALL PLAN X X 315 500-P-901 ISOMETRICS POTABLE WATER X X 316 500-P-902 ISOMETRICS SANITARY DRAIN X X ® Stantec 4of5 ity of Me idia Drawing List Tertiary Filtration Facilities SUBMITTAL # DRAWING NO.DRAWING NAME 30% 90% Final 317 510-P-101 POTABLE WATER OVERALL PLAN X X 318 510-P-901 ISOMETRICS POTABLE WATER X X 319 510-P-102 DRAINAGE OVERALL PLAN X X 320 510-P-903 ISOMETRICS DRAINAGE X X 321 530-P-101 POTABLE WATER OVERALL PLAN X X 322 530-P-102 DRAINAGE OVERALL PLAN X X 323 530-P-901 ISOMETRICS POTABLE WATER X X 324 530-P-902 ISOMETRICS DRAINAGE X X FIRE PROTECTION 325 000-F-001 OVERALL PLANT GENERAL SHEET X X X 326 000-F-501 OVERALL PLANT STANDARD DETAILS X X X 327 500-F-401 MEMBRANE BUILDING FLOOR PLAN-WES X X 328 500-F-402 MEMBRANE BUILDING FLOOR PLAN-EAST X X 329 510-F-101 CHEMICAL FEED BUILDING 1 FLOOR PLAN X X 330 530-F-101 CHEMICAL FEED BUILDING 3 FLOOR PLAN X X DRAWINGSELECTRICAL 331 000-E-001 ELECTRICAL SYMBOLS-I X X X 332 000-E-002 ELECTRICAL SYMBOLS-II X X X 333 000-E-003 ELECTRICAL NOTES AND ABBREVIATIONS X X X 334 000-E-501 STANDARD DETAILS-I X X 335 000-E-502 STANDARD DETAILS-II X X 336 000-E-503 STANDARD DETAILS-III X X 337 000-E-504 STANDARD DETAILS-IV X X 338 000-E-505 STANDARD DETAILS-V X X 339 000-E-601 SITE CONDUIT SCHEDULE-I X X 340 000-E-602 SITE CONDUIT SCHEDULE-II X X 341 000-E-603 SITE CONDUIT SCHEDULE-III X X 342 100-ED-101 SITE PLAN DEMOLITION X X X 343 100-E-101 OVERALL SITE PLAN X X X 344 100-E-102 SITE PLAN-AREA I X X X 345 100-E-103 SITE PLAN-AREA II X X X 346 100-E-104 SITE PLAN-AREA III X X X 347 500-E-102 OVERALL PLAN X X X 348 500-E-103 POWER PLAN-AREA I X X X 349 500-E-104 POWER PLAN-AREA II X X X 350 500-E-105 POWER PLAN-AREA III X X X 351 500-E-106 POWER PLAN-AREA IV X X X 352 500-E-107 ROOF POWER PLAN X X X 353 500-E-108 LIGHTING PLAN X X X 354 500-E-109 GROUNDING PLAN X X X 355 500-E-601 SINGLE-LINE DIAGRAM-I X X X 356 500-E-602 SINGLE-LINE DIAGRAM-II X X X 357 500-E-603 SINGLE-LINE DIAGRAM-III X X X 358 500-E-604 SINGLE-LINE DIAGRAM-IV X X X 359 500-E-605 CONDUIT AND CONDUCTOR SCHEDULE-I X X 360 500-E-606 CONDUIT AND CONDUCTOR SCHEDULE-II X X 361 500-E-607 CONDUIT AND CONDUCTOR SCHEDULE-III X X 362 500-E-608 CONDUIT AND CONDUCTOR SCHEDULE-IV X X 363 500-E-609 CONDUIT AND CONDUCTOR SCHEDULE-V X X 364 500-E-610 CONDUIT AND CONDUCTOR SCHEDULE-VI X X 365 500-E-611 EQUIPMENT ELEVATION-I X X X 366 500-E-612 EQUIPMENT ELEVATION-II X X X 367 500-E-613 EQUIPMENT ELEVATION-III X X X 368 500-E-614 EQUIPMENT ELEVATION-IV X X X 369 500-E-615 LUMINAIRE SCHEDULE X X 370 510-E-101 POWER PLAN X X X 371 510-E-601 SINGLE-LINE DIAGRAM X X X 372 510-E-602 CONDUIT AND CONDUCTOR SCHEDULE X X 373 510-E-603 PANELBOARD SCHEDULES X X 374 510-E-604 CONTROL SCHEMATICS X X 375 530-E-101 POWER PLAN X X X 376 530-E-102 LIGHTING PLAN X X X 377 530-E-103 GROUNDING PLAN X X 378 530-E-601 SINGLE-LINE DIAGRAM X X X 379 530-E-602 CONDUIT AND CONDUCTOR SCHEDULE X X 380 530-E-603 PANELBOARD SCHEDULES-I X X 381 530-E-604 CONDUIT AND CONDUCTOR SCHEDULE-II X X 382 530-E-605 CONTROL SCHEMATICS X X 383 XXX-E-101 POWER PLAN X X X Stantec 5of5 CONTRACT CHECKLIST I. PROJECT INFORMATION Date: 5/3/2023 REQUESTING DEPARTMENT Public Works Project Name: TERTIARY FILTRATION UPGRADE-FINAL DESIGN Project Manager: David Briggs Contract Amount: $2,256,927 Contractor/Consultant/Design Engineer: Stantec Consulting Services, LLC Is this a change order? Yes ❑ No ❑ Change Order No. II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type Fund: 60 Budget Available(Purchasing attach report): Department 3590 Yes ❑✓ No ❑ Construction ❑ GL Account 96154 FY Budget: 2023 Task Order 0 Project Number: 11281.e Enhancement: Yes ❑ No ❑ Professional Service ❑ Equipment ❑ Will the project cross fiscal years? Yes❑ No ❑ Grant ❑ IV. PROCUREMENT USE ONLY-GRANT INFORMATION (to be completed only on Grant funded projects) Grant#: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status(Federal Funded) N/A N/A N/A N/A Print and Attach the determination Print,attach and amend bid by addendum(if changed) WWw.sam.gov Print and attach V. BASIS OF AWARD BID RFP/RFQ TASK ORDER Award based on Low Bid Highest Ranked Vendor Selected Master Agreement Category 2a (Bid Results Attached) Yes ❑ No ❑ (Ratings Attached) Yes ❑No Date MSA Roster Approved: 10/1/2020 Typical Award Yes ❑ No ❑ If no please state circumstances and conclusion: Date Award Posted: N/A 7 day protest period ends: N/A VI. PROCUREMENT USE ONLY-CONTRACTOR/CONSULTANT REQUIRED INFORMATION PW License N/A Expiration Date: N/A Corporation Status Active-Good Standing Insurance Certificates Received(Date): 4/22/2022 Expiration Date: 5/1/2023 Rating: A++ Payment and Performance Bonds Received(Date): N/A Rating: N/A Builders Risk Ins.Req'd: Yes ❑ No ❑ If yes,has policy been purchased? N/A (Only applicabale for projects above$1,000,000) VII. TASK ORDER SELECTION (Project Manager to Complete) Reason Consultant Selected 0 1 Performance on past projects Check all that apply ❑� Quality of work ❑✓ On Budget ❑� On Time ❑ Accuracy of Construction Est 0 2 Qualified Personnel ❑ 3 Availability of personnel 0 4 Local of personnel Description of negotiation process and fee evaluation: nter bulpervisor Name Date Appr Vill. PROCUREMENT USE ONLY- AWARD INFORMATION Date Submitted to Clerk for Agenda: May 16,2023 Approval Date 5-23-2023 By: City Council Purchase Order No.: Date Issued: WH5 submitted N/A (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final E IDIAN --- AGENDA ITEM ITEM TOPIC: Acceptance Agreement Between Capitol Contemporary Gallery and the City of Meridian for Display of Artwork in Initial Point Gallery at Meridian City Hall ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 23rd day of May 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 Capitol Contemporary Gallery, an assumed business name for Evolutions, LLC, a limited liability company organized under the laws of the state of Idaho ("Organization"). (City and Organization may hereinafter be collectively referred to as "Parties.") WHEREAS, City desires that public art will be a component of Meridian City Hall by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Meridian Arts Commission ("Commission") recommends to the Meridian City Council that Organization's artwork be displayed in Initial Point Gallery; WHEREAS, the Meridian City Council accepts such recommendation and directs the Commission to work with Organization to establish a display of Organization's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Organization shall personally deliver artwork to Initial Point Gallery, on December 4, 2023, at such time as is specified by the Arts and Culture Coordinator. Organization shall be responsible for installing such artwork on December 4, 2023, at the direction of the Arts and Culture Coordinator; shall allow the display of such work in Initial Point Gallery from December 4,2023 through February 5, 2024, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on February 5, 2024, at such time as is specified by the Arts and Culture Coordinator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Organization's artwork shall be displayed in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Organization or any member thereof for services, work, and/or any activity undertaken pursuant to or ACCEPTANCE AGREEMENT-INITIAL POINT GALLERY DISPLAY PAGE 1 related to this Agreement. B. Sale of artwork. Organization or its members may, at the direction of and in the manner established by the Arts and Culture Coordinator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Organization's work; any transaction related to the sale of artwork shall be handled solely by Organization. Organization acknowledges the Commission's request that Organization or its members voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Organization may remove such artwork from the Gallery, provided that Organization replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Organization shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Arts and Culture Coordinator prior to such activity. III.TIME OF PERFORMANCE. Organization shall provide services described in this Agreement in a timely manner, as described herein. Organization acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV.INSTALLATION. A. Coordination with Arts and Culture Coordinator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Organization shall coordinate any and all such activity with the Arts and Culture Coordinator. Organization shall be responsible for contacting the Arts and Culture Coordinator at least thirty (30) days prior prior to the date of delivery of artwork to Initial Point Gallery to confirm details regarding the installation,removal,publicity, and promotion of the exhibit. Organization's failure to affirmatively contact the Arts and Culture Coordinator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Arts and Culture Coordinator and/or the City may inspect and/or review the artwork proposed by Organization for display in Initial Point Gallery to ensure compliance with all criteria set forth in the most recent Call to Organizations issued for Initial Point Gallery, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Arts and Culture Coordinator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in these enumerated documents, does not reflect artwork as described to the Commission or the Arts and Culture Coordinator, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Arts and Culture Coordinator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further,the Arts and Culture Coordinator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. ACCEPTANCE AGREEMENT-INITIAL POINT GALLERY DISPLAY PAGE 2 V. DISPLAY. A. Original artwork. Organization warrants that any and all artwork provided by Organization for display in Initial Point Gallery shall be, and is, original work conceived and created by Organization's member artists. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, the artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Organization's name. Organization hereby conveys to City permission to use Organization's name and/or logo for purposes of advertising,marketing, and public information, without violation of Organization's rights of privacy or any other rights Organization may possess under this Agreement. D. Use of City's name. City hereby conveys to Organization permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Organization shall not use City's logo for any purpose without the express, written permission of the Mayor's Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Organization's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight(48)hours, City shall notify Organization in the manner set forth herein. While it is intended that Organization's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Organization. F. Removal of artwork by Organization. Organization shall coordinate with the Arts and Culture Coordinator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Organization or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Arts and Culture Coordinator. ACCEPTANCE AGREEMENT-INITIAL POINT GALLERY DISPLAY PAGE 3 VI.INDEMNIFICATION,WAIVER,AND INSURANCE. A. Indemnification. Organization and each of its members shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Organization or Organization's members, servants, agents, employees, guests, and/or invitees. B. Waiver. Organization and each of its members shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Organization's performance of this Agreement,whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Organization's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Organization in the furtherance of Organizations' rights or obligations described herein. Insurance of the artwork; of related persons, property, or interests; and/or members, employees, or agents shall be the sole responsibility of Organization and/or its members. Organization and its members shall obtain all necessary insurance as may be required in order to protect Organization's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Organization shall bear any and all risks of, and actual, loss of,theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Organization or any of its members has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2)business days after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Organization. ACCEPTANCE AGREEMENT-INITIAL POINT GALLERY DISPLAY PAGE 4 C. Termination upon death or incapacity of Organization. This Agreement shall automatically terminate upon the death or incapacity of Organization. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Organization and its members are independent parties and not employees, agents,joint venturers, or partners of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Organization and City; between Organization and any official, agent, or employee of City; between any member of Organization and City; or between any member of Organization and any official, agent,or employee of City. All parties acknowledge that neither Organization nor its members are employees of City. Organization shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Organization shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Organization shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise,the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable,the remainder of this Agreement shall not be affected. H. Successors and assigns. Organization shall not subcontract or assign any of Organization's obligations under this Agreement that require or that may require Organization's artistic ACCEPTANCE AGREEMENT-INITIAL POINT GALLERY DISPLAY PAGE 5 talent or expertise. Organization may subcontract or assign obligations that do not require Organization's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice.Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed, if to the Organization, to the address written below, and if to the City, to: 33 E. Broadway Avenue,Meridian,Idaho, 83642. Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. K. Warranty of authority. The party signing below on behalf of Organization ("Signatory") expressly warrants that, to the extent set forth herein, Signatory is duly authorized to act as the representative and agent of Organization. Signatory further warrants that Signatory is authorized to bind Organization and its members to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Organization and its members. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date written above. ORGANIZATION: Capitol Contemporary Gallery R�ndj Van Dyck, Owner CITY OF MERIDIAN: BY: Robert E. Simison, Mayor 5-23-2023 Attest: Chris Johnson, City Clerk 5-23-2023 ACCEPTANCE AGREEMENT-INITIAL POINT GALLERY DISPLAY PAGE 6 E IDIAN --- AGENDA ITEM ITEM TOPIC: Agreement between City of Meridian and The Housing Company for use of American Rescue Plan Act Funds C��fIEN MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Emily Kane, Deputy City Attorney Meeting Date: May 23, 2023 Presenter: Dan Torres, Economic Development Estimated Time: 2 minutes Administrator Topic: Agreement between City of Meridian and The Housing Company for use of American Rescue Plan Act Funds Recommended Council Action: Approve the agreement and authorize the Mayor's signature. Background: At its meeting on July 19, 2022, City Council made a commitment to dedicate up to $400,000 of the City's Coronavirus State and Local Fiscal Recovery Fund ("SLFRF") funds, awarded to the City pursuant to the American Rescue Plan Act ("ARPA"),to The Housing Company ("THC"), for use toward the construction of the Wood Rose Apartments, an affordable housing project to be built at 1160 W. Ustick Road. Specifically, Council agreed to provide ARPA funds to make up any shortfall between funds THC would realize through the sale of housing tax credits obtained through the Low Income Housing Tax Credit ("LIHTC") program. This commitment was memorialized by a letter sent from Community Development Director Bruce Freckleton to Erin Anderson, Director of THC, on August 4, 2022. THC applied for, and received, LIHTC approval. According to Ms.Anderson, the projected gap between funds THC will realize through sale of the LIHTC tax credits and the cost of constructing the Wood Rose Apartments is greater than $400,000. Pursuant to the City's commitment, $400,000 of SURF funds will therefore be provided to THC for the construction of the project. This agreement memorializes and establishes terms and conditions of the City's provision of these funds toward construction costs of Wood Rose Apartments. AGREEMENT BETWEEN CITY OF MERIDIAN AND THE HOUSING COMPANY FOR USE OF AMERICAN RESCUE PLAN ACT FUNDS This AGREEMENT BETWEEN CITY OF MERIDIAN AND THE HOUSING COMPANY FOR USE OF AMERICAN RESCUE PLAN ACT FUNDS ("Agreement") is entered into this 23rd day of May, 2023 ("Effective Date")by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City"), and The Housing Company, a nonprofit corporation organized under the laws of the state of Idaho ("THC") (collectively, "Parties"). WHEREAS, in response to the public health and economic crises caused by the COVID-19 pandemic, in March 2021, Congress passed the American Rescue Plan Act of 2021 ("ARPA") which, among other things, established the Coronavirus State and Local Fiscal Recovery Fund ("SLFRF")to provide local governments with the resources needed to respond to the economic effects of the pandemic and build a stronger, more equitable economy during the recovery; WHEREAS,pursuant to ARPA, the City of Meridian has received SLFRF funding from the United States Department of Treasury ("Treasury")under Federal Award Identification Number (FAIN) SLFRP5436; WHEREAS, THC's purpose includes providing and managing apartment communities which offer affordable rents and desirable living conditions; WHEREAS, at its meeting on July 19, 2022, the City Council of the City of Meridian committed to dedicating SLFRF funds ("Funds")to THC for the development and operation of affordable housing in Meridian, i.e., for government services, as authorized by 31 CFR section 35.6(d); WHEREAS, THC has committed to use such funds to supplement funding for permitting, development and/or construction of the Wood Rose Apartments, an affordable housing project to be constructed at 1160 W. Ustick Road, in Meridian ("Project"), by Wood Rose Apartments LP, a limited partnership organized under the laws of the state of Idaho; and WHEREAS,pursuant to 2 CFR § 200.400(c), given City's unique combination of staff, facilities, and experience, shall use all sound organization and management techniques, as set forth in this Agreement or in City policy or procedure, as may be necessary to assure proper and efficient administration of the Funds; and WHEREAS, the City has determined that it will fund the award using SLFRF funds obligated through Expenditure Category 6.1 —Revenue Replacement—Provision of Government Services; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. THC'S RESPONSIBILITIES; SERVICES ADMINISTRATION. A. Activities. THC shall use the Funds, in the amount of four hundred thousand dollars ($400,000.00), toward the permitting, development, and/or construction of Project, as set AGREEMENT WITH THE HOUSING COMPANY FOR USE OF ARPA FUNDS PAGE 1 OF 7 forth in Exhibit A, pursuant to the Development Agreement entered into by the Parties on November 9, 2022 (recorded with the Ada County Recorder as instrument no. 2022- 092438), and conditional use permit no. H-2022-0086 granted by City on February 2, 2023. THC shall use the Funds only for costs directly related to the permitting, development, and/or construction of Project. THC shall not use the Funds for salaries, staffing, or any other administrative expenses. THC's use of the Funds shall be consistent with any and all terms and conditions of this Agreement, ARPA, and rules and guidance issued by Treasury regarding SLFRF funds. B. Time of performance. Unless otherwise agreed to by the City, THC shall expend the Funds on the Project by September 30, 2024. The term of this Agreement and the provisions herein shall apply during this term, and for any additional time period during which THC remains in control of Funds. THC shall return to City all Funds unused as of November 1, 2024 within thirty (30) days. C. Closeout. By January 31, 2025, THC shall submit a final report to City. The final report shall include: 1. Written narrative describing the use of the Funds toward the permitting, development, and/or construction of Project. 2. Detailed final budget, showing date(s) and use(s) of the Funds, and receipt(s). 3. Check payable to City of Meridian for any unused Funds. D. Term. Notwithstanding Closeout as set forth above, THC's obligations to City under this Agreement shall not end until full and final completion of the construction of Project. E. Payment. Funds will be available following execution of this Agreement and City's receipt of THC's completed W-9 form. To obtain Funds, THC shall submit a detailed invoice to the Grant Administrator documenting the expenditures to be funded by the City's award. The Grant Administrator will forward to the City Finance Department authorization for the City to remit a check to THC in the amount of four hundred thousand dollars ($400,000.00). F. Performance monitoring. City's Grant Administrator shall monitor THC's expenditure of the Funds to ensure that THC is spending such funds for costs directly related to the permitting, development, and/or construction of Project. Performance monitoring may include quarterly reviews of financial and performance reports, as well as site visits, as appropriate. City may make unannounced visits to THC's location in order to review financial and performance reports and/or verify compliance with all program requirements. IL THC's ADMINISTRATIVE REQUIREMENTS A. General Compliance. THC agrees to comply with all applicable laws and policies in the course of using the Funds, including, without limitation: 1. 31 CFR Part 35 (pursuant to 2 CFR § 200.300(b); 2. City of Meridian Procurement Policy; and 3. 2 CFR §§ 200.403(a), (c), (d), (g), and(h). B. Supplementation of other funds. THC shall utilize funds available under this Agreement to supplement, rather than supplant, funds otherwise available. AGREEMENT WITH THE HOUSING COMPANY FOR USE OF ARPA FUNDS PAGE 2 OF 7 C. Audits and inspections. Pursuant to 2 CFR § 200.337, all THC records with respect to any matters covered by this Agreement shall be made available to City at any time during normal business hours, as often as deemed necessary, to audit, examine, and make copies of all relevant records in order to ascertain compliance with applicable laws, regulations, policies, and provisions stated herein. Any deficiencies noted must be fully repaired by THC within thirty (30) days after receipt of such report by THC. Repair shall include THC's repayment to City of any funds used in any manner or for any purpose not contemplated by this Agreement. D. Records retention. Pursuant to 2 CFR § 200.334, THC shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5)years after the provision of Services funded under this Agreement. 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. E. Insurance coverages and limits of liability. THC shall obtain, maintain throughout the term of this Agreement, and provide to City proof of insurance coverage in the following amounts: 1. Workers' compensation. Workers' compensation insurance coverage, in the amount required by Idaho law, for all employees involved in the performance of this Agreement. If any work is subcontracted, THC shall require its subcontractors to provide proof of workers' compensation insurance coverage. 2. Commercial insurance. Commercial general liability insurance, with the following minimum limits of liability: General aggregate: $2,000,000 Product/completed operations aggregate:$2,000,000 Personal & advertising injury liability: $1,000,000 Per occurrence: $1,000,000 3. Additional insured. THC shall include City as an additional insured party to all of the insurance coverage listed above. 4. No limitation of liability. Insurance coverage and limits of liability as specified herein are minimum coverage and liability requirements only. Nothing in this Agreement's requirements for minimum insurance coverage shall be interpreted to limit or release the liability of THC or any of THC's insurers. THC's insurance policy shall not contain any provisions, exclusion, or endorsement that limits, bars, or effectively precludes City from coverage or asserting a claim under THC's insurance policy on the basis that the coverage or claim is brought by an insured or additional insured against an insured or additional insured under the policy. 5. Documentation to be furnished. At any time upon City's request, THC shall also cause to be timely furnished to City a copy of declarations pages, schedules of forms and endorsements, and/or a complete and certified copy of the requested policy. AGREEMENT WITH THE HOUSING COMPANY FOR USE OF ARPA FUNDS PAGE 3 OF 7 6. Notice of cancellation or modification; renewal. THC's certificates of insurance shall be signed by an authorized representative of the issuing insurance carrier and shall state that the issuing company shall provide the Parties a minimum of thirty (30) days' written notice prior to canceling or reducing any of the policies or limits required by this Agreement. Renewal certificates must be provided to the Parties a minimum of five (5) days prior to the effective date of the renewal. III.GENERAL PROVISIONS. A. Termination. 1. Termination. a. Grounds for termination. City may terminate this Agreement, in whole or in part, for cause, which cause may include, but shall not be limited to, the following: 1) Failure to materially comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and Treasury guidelines, policies or directives as may become applicable at any time; 2) Failure to fulfill in a timely and proper manner its obligations under this Agreement; 3) Failure to comply with any term or condition of the Development Agreement entered into by the Parties on November 9, 2022 (recorded with the Ada County Recorder as instrument no. 2022-092438); 4) Failure to comply with any term or condition of conditional use permit no. H- 2022-0086 granted by City on February 2, 2023; 5) Ineffective or improper use of funds provided under this Agreement; or 6) Submission of reports that are incorrect or incomplete in any material respect. b. Process of termination. Termination shall be effectuated by providing written notice of intent to terminate, stating the basis of termination. THC 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, this Agreement shall be terminated upon City's mailing of notice of termination. Notwithstanding the foregoing, the City hereby agrees that THC's limited partner shall have the right, but not the obligation, to cure any defaults of THC hereunder, and the City hereby agrees to accept cures tendered by THC's limited partner on behalf of THC, as applicable, within the applicable cure periods set forth herein. c. Effects of termination. Following termination, City shall invoice THC for repayment of all Funds provided under this Agreement, which THC shall remit to City within thirty(30) days of such invoice. In addition to any other remedies as provided by law, City may declare THC ineligible for any further participation in City grant programming. B. No agency; independent contractor. It is understood and agreed the THC is not, and shall not be considered, an agent of City in any manner or for any purpose whatsoever in THC's use of the Funds. In all matters pertaining to this Agreement, THC shall be acting as an AGREEMENT WITH THE HOUSING COMPANY FOR USE OF ARPA FUNDS PAGE 4 OF 7 independent contractor, and neither THC nor any volunteer, employee, invitee, or agent of THC shall be deemed an employee of City. THC shall have no authority or responsibility to exercise any rights or power vested in City. C. Acknowledgment of risk. THC acknowledges that activity undertaken in conjunction with this Agreement presents risks, some of which are unknown, and THC agrees to assume all such risks. D. Indemnification; waiver. THC shall indemnify, save and hold harmless, release and forever discharge City and its agents and employees from and for any and all losses, claims, actions,judgments for damages, or injury to persons or property and losses and expenses caused or incurred by THC or City in the course of any activity associated with this Agreement not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. E. Notices. Day-to-day communications between THC and the Grant Administrator shall occur by email or phone, as appropriate. All other notices to be provided under this Agreement shall be in writing and addressed as follows: If to THC: If to City: The Housing Company City Clerk, City of Meridian P.O. Box 6943 33 East Broadway Avenue Boise, Idaho 83707-0943 Meridian, Idaho 83642 With copies to: Red Stone Equity Partners, LLC Attn: General Counsel & President 90 Park Avenue, 28th Floor New York,NY 10016 and Applegate & Thorne-Thomsen, P.C. Attn: Bennett P. Applegate 425 S. Financial Place, Suite 1900 Chicago, IL 60605 Notices shall be either personally delivered or sent by U.S. mail, postage prepaid. Notice shall be deemed to have been given upon deposit in the U.S. mail, or upon personal delivery to the party above specified. F. No waiver. City's waiver on one or more occasion of any breach or default of any term, covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach or default of the same or a different term, covenant or condition, nor shall such waiver operate to prejudice, waive, or affect any right or remedy City may have under this Agreement with respect to such subsequent default or breach by THC. G. Nondiscrimination. Both Parties warrant and agree that there shall be no discrimination against any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, in the granting or expenditure of Funds or any activity AGREEMENT WITH THE HOUSING COMPANY FOR USE OF ARPA FUNDS PAGE 5 OF 7 associated with Services. H. Applicable law; non-appropriation. This Agreement shall be governed by and construed in accordance with the laws of the State of Idaho, including, without limitation, Article VIII, Section 3, of the Idaho Constitution and the Idaho Public Records Act, as well as 2 CFR section 200.338. Notwithstanding anything in this agreement to the contrary, City's obligations under this Agreement are subject to and dependent upon appropriations being made by Meridian City Council for such purpose. Throughout the course of this Agreement, THC and each and all of THC's employees, guests, invitees, contractors, and agents shall comply with any and all applicable federal, state, and local laws. L Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. J. 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. K. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. L. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements, agreements, or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. No verbal or written inducements to execute this Agreement have been made to THC. In entering into this Agreement, THC relies upon no statement, fact, promise or representation, whether express or implied, written or oral, not specifically set forth herein in writing. M. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. N. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice. O. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and THC. P. Counterparts. This Agreement may be executed in counterparts, each taken together with the other counterparts shall constitute one instrument, binding and enforceable against each signatory to any counterpart instrument. AGREEMENT WITH THE HOUSING COMPANY FOR USE OF ARPA FUNDS PAGE 6 OF 7 IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date first written above. THC: Erin Anderson, Director The Housing Company CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor 5-23-2023 Chris Johnson, City Clerk 5-23-2023 AGREEMENT WITH THE HOUSING COMPANY FOR USE OF ARPA FUNDS PAGE 7 OF 7 Exhibit A Vol The Housing Company Wood Rose Apartments Proposal for City of Meridian Financial Participation Th He ousingCompany Brought to you by Idaho Housing and Finance Association '4q� The Housing Company, an Idaho nonprofit corporation Our Purpose: The Housing Company is a nonprofit organized in 1990 with the mission to address the concern of an inadequate supply of affordable, decent rental housing within the state of Idaho and recently surrounding states. We play an active role in bringing affordable housing resources to areas of the state not being adequately served. Through local public/private partnerships we have been able to bring creative housing solutions to areas struggling with insufficient housing. Our goal is to partner with local government and other interested parties to solve local housing needs. We have developed more than 800 units in two dozen affordable rental communities. The Housing Company provides professional property management services for affordable apartment communities serving low-income families, seniors, and the disabled. We own our properties in the long term and take pride in building an asset for the community that will stand the test of time. We are able to put together complex financing in order to make these housing communities a reality. Our nearest developments are Moon Valley Apartments in Star, Nampa Duplexes, and Hazel Park in Caldwell. We also have Canyon Terrace in Nampa and Sunset Landing in Caldwell under construction. Th He ousingCompany Brought to you by Idaho Housing and Finance,A ociation • - ' - • • . County, Mid 30% of Area Median Income 4-Person Household $25,260 Idaho Minimum Wage ($7.25/hr) $15v080 40% of Area Median Income 4-Person Household $33,680 60% of Area Median Income 4-Person Household $50,520 4-Person Area Median Income $87,500 "Source. 2022 HUD income limits for tax credit projects (Section 42) 3 Economic Reasons to Invest Housing types and prices that reflect local needs and incomes What is `affordable' relative to Household Income (HHI)? < 30% of H H 1 = affordable > 30% of HHI = housing cost burdened > 50% of HHI = severely housing cost burdened Impact of speculation, inflation on government finance Foregone spending = money lost to housing cost burden. Idaho lost $670M to foregone spending in 2018 & $971M in 2020 *Source National Housing Act of 1937 / **Source Shi t Research Labs Many local restaurants are closing and one reason is being unable to staff the restaurant because housing costs are too high. 4 EXTREMELY LOW INCOME AFFORDABLE AND HOUSING COST BURDEN BY RENTER HOUSEHOLDS AVAILABLE HOMES PER 100 INCOME GROUP RENTER HOUSEHOLDS ■ Cost Burdened Severely Cost Burdened 9% 0% 86% 3% 34% 73% 24% — G4%o 29% 38% In Labor Force Disabled 234E Senior School ■ Single Caregiver E Other 8% 3 1% Extremely Low Very Low Low Income Middle Income *Source. NLIHC Out of Reach report. P 0- 0- o�p Income Income nlihc.org/housing-needs-by- P` �� P"° %AMI: 1-30% 30-50% 1 50-80% 1 80-120% state/idaho 5 Potential ■ Singlerofile Single Four Mother, Two Three Person Person / Sons Household Age(s ) Sixties Twenti es Forties Th i rti es Student w/ Customer Part Time Job Warehouse Job Service as Cashier laborer Cook ncome 35,400 38,000 45,480 50,520 Bedrooms Des i red 1 2 3 3 Monthly Rent Paid by Resident 895 935 11159 11234 6 Site Plan for Wood Rose Apartments- • r L11 52 AFVI!YLNF WIB 11_RAIUG' L:S A]]m0]'. lid[£-C;AMiG F1C6 R- 1!•3�6 Si{YLISMS'F[OI r 1l��19a tf! !,I_A11a IR12S�S7. _ ➢P;N IRILCA4 A.D&A DP!w ffirk Md. r0i I•IN 13}Il 7 Q G' . r / { .W' C13,N7 t1:l:SF rncanu o•oln zAa.,ti �ONS _c I i .www MroK Tt LL �.. __=' - w MOM 7 Moon Valley, Star ID TheMusingCorrWny x - - -'1k Market Research Effective Market Area: Chinden to North, Hwy 55 to East, Victory Road to South, and McDermott Road to West Meridian Idaho Temple Go ll IQ_ course Eagle® IS Fred Meyer Rockharbor ChurchQ _ w z = Q k Mounlam West +se YMCA and Rocky School© Boise Cit %qualic Center z Walmart SupercenlerQ Hentage Middle School0 Centen el High School Ma Mann Rd WMrMaan as E Ra ituurRO ool un ad w I.aw an Settlers Parkrr r Rd ) 4 © € ft Tully Park a 3 a The Village at Men mQ Q Fuller Park© Walm Supeicenter 3 9 Air Meridian High School ine w PI,•.. Meridian cP,rc•.. Urban andAdv Iture Plark wr.,aen as wF,.a,Pa Salver HeaIN 24/7 QMeddlan Speedway )Buffalo Wild Ten Mile Urgent Care C (Id d,en sin 0 o rD Museum or ltlaho QCinemark Roaring Springs ® MaleshcC emas W silead,a ad Q E nvnlaM Pa 0 K Ten M.le Palk and lbde o E MERIDIAN, IDAHO 9 Market Research DISTRIBUTION OF MODERN APARTMENT UNITS AND VACANCIES MERIDIAN,IDAHO SITE EFFECTIVE MARKET AREA MAY 2022 MARKET RATE UNITS UNIT TYPE UNITS VACANCIES NUMBER PERCENT NUMBER PERCENT STUDIO 78 1.4% 0 0.0% ONE-BEDROOM 1,591 28.2% 28 1.8% TWO-BEDROOM 3,216 57.0% 69 2.1% THREE-BEDROOM 699 12.4% 25 3.6% FOUR-BEDROOM+ 58 1.0% 0 0.0% TOTAL 5,642 100.0% 122 2.2% SUBSIDIZED UNIT TYPE UNITS VACANCIES NUMBER PERCENT NUMBER PERCENT ONE-BEDROOM 20 40.0% 0 0.0% TWO-BEDROOM 20 40.0% 0 0.0% THREE-BEDROOM 10 20.0% 0 0.0% TOTAL 50 100.0% 0 0.0% 10 Market Research Capture Rate - All Income-Qualified Households In 2023, there will be an estimated 2,938 renter households within the Site EMA with incomes between $14,220 and $50,520. Following is an analysis of housing costs as a percent of household income by the number of renter qualified households in the Site EMA: INCOME- PERCENT OF APPROPRIATE INCOME TO GROSS RENTER UNITS CAPTURE HOUSING COST INCOME RANGE HOUSEHOLDS PROPOSED RATE 40% $14,220 - $50,520 2,938 45" 1.5% 'Includes only Tax Credit and Home Units There are 2,938 income-appropriate households in the Effective Market Area that would qualify for Wood Rose Apartments. The Idaho Low Income Housing Tax Credit Allocation Plan Tax Credit rules b y State: Qualified Allocation Plan (QAP) • The plan sets forth the criteria which will be used to determine how developments will qualify for the credit • It provides Mandatory and Threshold requirements — Competitive Scoring criteria, Set-Asides, Allocation timelines, and further protocol and requirements. - preferences must be given to developments which • serve the lowest income tenants • agree to remain in the program for the longest period of time • are located in a qualified census tract which contribute to a concerted community revitalization plan 12 r rTax CreditScoring Part 1 SeICC60M Criteria Points Point: Self Section 42(m)(1)(C) Availab Score 'Certain selection criteria rust be used. The selectiob criteria set forth is a qualified allocation plan ne--t include - F'rejcct Location Ul Located within the:toted distances from good:,services•or a rnajor employer: rvlax 5 Ull Area:of Opportunity 2 2 Sr14 Located in a city that ha:not received an allocation of credit in past S calendar years 3 3 U12 RcMb that include:the use of existing housing as part of a community rcvit462a60n plan. 1 0 Hc•v_mg r9eeds Characteristics Ul i '•LIHTC"rental vacancy of 3.00%or Iess E• E• proicct Characteristics U2 Development:which offer:elected amcntics r•:1ax 5 1r4 Development:with mix of rent-restricted and market unit: 2 2 #3 Contribution:•donation;,local government assistance in an amount equal to listed percentages of Max 10 6 WS Cost Containment Max 8 5 #20 Adjacent bX&3%developments developed by same team targeted to 80%AMI or less 3 0 Sponsor Characteristics fry Sponsors)and Dcvcloper(s)we residents of Idaho _ 2 1110 Program sponsors who have a history of satisfactory LIHTC compliance ratings of their$42 1`• 15 U21 Sponsors)and Developer(-,)have not received and allocation of competitive LIHTCs in Idaho i U22 Sponsor(-,)and Developer(-,)have completed projects from LIHTC award through PIS r•:1;•:E• t. Tenant ppooppulntionm with sRceial housing needs. A6 Waitlist preference to households that contain one or more members with a handicap 1 1 U? Housing for older persons 3 0 1t18 Pcrmancnt Supportive Housing("PSH") 3 3 U13 Waitlist preference to persons with HUD Veterans Affairs Supportive Housing("VASH")vouchers 2 2 13 r rTax CreditScoring Part 2 Public Houfin„Wajt*ng Lifts 83 Dcvclopmcnt,which give prcfcrcncc to per,ons on Public Housing Authority waiting lift:. 1 1 Tennmt popub6on.-of individual-with children U8 Family developments that contain three-bedroom or larger unit:for household,. Max 3 3 Proicctf intended for c,ntual tenant c::ncrfhio tt13 Dcvclopmcnt:intended for eventual tenant ownership after the 15-year compliance period ha:ended. 1 0 The Hiftorie Nature of the Project U16 Dcvclopmcnt:which utilise Historic Rehabilitation Tax Credit as a funding source. 1 i Preference Points Section 42(1)(0)(ii) 'WLic► also gives prcfcrcncc in allocating Lousing credit dollar amounts among -0cced proiect to - Proicctf,crying the Ioweft incotr c t_nants 82 40%AMI unit- r. r• 83 45%AMI units 8d 50%ANTI units Pro*cctf oblig�,tcd to,ervc qualified tenant,for the long�A, period, Ul 40 year cxtcndcd use Proicctf which ore located in Qualified eenfuf tract,and the of•::hick•_antriE•ut�-to US-OCT and Revitalisation 1 TOTAL SELF SCORE F93 14 Points for Local • MEW- • In listening to the IHFA presentation made a few weeks ago, I noticed that the example projects were from several years ago and not a current representation of the funding challenges/increased gap we face for an affordable housing project. • There have been changes to the States Qualified Allocation Plan which raised the bar in terms of how much local contribution is needed to generate the maximum number of points from 2.5%of total development costs to a sliding scale where there is a sliding scale for points up to 10% of total development costs. • Due to the highly competitive nature of the 9%Credit, it is important that we strive for as many points as possible, or risk not being selected in which case the project has to wait another year to apply. • Scoring excerpt from the 2022 Idaho Low Income Housing Tax Credit Qualified Allocation Plan: 9. Devebpmens which receive non-reiaed prrva:e parry contribmns, charrable cash donaXns, locai governmen:assistance, or federal government assurance through to FHLB AHP or CDBG programs, in a cumuLmve amount wMin of the Wang percent ranges of Total Developmen:Cos'. %of Total Devebpmera Cos Points 2.00%do 3.99% 2 Q Choose 4.00%to 5.99% 4 p Choose 6.00%to 7.99% 6 p Choose 8.00%to 9.99% 8 Choose Grealer than 10.00% 10 Q Choose Q N/A Total Development Cost in this category does not include Developer/Consultant Fees or Development Reserves. 15 Credit9% Tax Rent andIncome Unit No. of Square Gross Rent/ Utility Monthly Annual Description Units Footage Unit Allow. Rent Rent i L i 1 Bdrm 1 737 $ 474 _ $ $67 407 $ _ 4,884 1 Bdrm 1 �_ 737 $ 706 _ $ $53 653 $ _ 7,836 1 Bdrm 1 737 $ 632 _ $ $53 579 $ _ 6,948 1 Bdrm 3 r 600 $ 948 $ $53 895 $ _ 32,220 1 Bdrm 1 684 $ 801 $ $53 748 $ 8,976 1 Bdrm 1 684 $ 1000 $ $0 1,000 $ 12,000 2 Bdrm 1 851 $ 568 $ $67 501 $ _ 6,012 2 Bdrm 1 851 $ 758 $ $67 691 $ _ 8,292 2 Bdrm 3 851 $ 852 $ $67 785 $ _ 28,260 2 Bdrm 1 873 $ 847 $ $67 780 $ _ 9,360 2 Bdrm 1 873 $ 1002 $ $67 935 $ 11,220 2 Bdrm 20 873 $ 1137 $ $67 1,070 $ _ 256,800 2 Bdrm 4 912 $ 1300 $ $67 1,233 $ 59,184 3 Bdrm 1 1119 $ 1239 $ $80 1,159 $ _ 13,908 3 Bdrm 10 1000 $ 1314 $ $80 1,234 $ _ 148,080 3 Bdrm 1 1119 $ 1556 $ $80 1,476 $ 17,712 2 Bdrm 1 851 $ 800 $ $0 800 $ 9,600 52 $ $ $ 641,292 0.115385 ' 7 2,736 1 VACANCY t 5% $ (32,201) EFFECTIVE GROSS INCOME $ 611,827 16 rTax Credit Operating Assumptions OPERATING EXPENSES: Cost Per Unit Annual Per Year % of Total Expense Administrative 1,100 21.76% $ 57,200 Management Fee(5% vacancy) 706 13.96% ' 36,710 HOME/Tax Credit Compliance Monitor Fee 50 0.99% 2,600 Maintenance& Utilities 1,900 37.58% 98,800 Real Estate Taxes and Insurance 1,000 _ 19.78% 52,000 Reserves _ 300 _ 5.93% 15,600 TOTAL $5,056 100.00% $ 262,910 Year 1 is a partial year, inflation on expenses is at 3% and income at 2%. YEAR YEAR2 YEAR3 YEAR4 YEAR YEAR YEAR YEAR YEAR YEAR10 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 GROSS RENTAL INCOME 320,646 641,292 641,292 654,118 667,200 680,544 694,155 708,038 722,199 736,643 79 MISC.NCOME 2,736 2,736 2, 1 2,847 2,903 2,962 3,621 3,081 3,143 3,206 LESS VACANCY(7%) (16,032) (32,065) (32,065) (32,706) (33,360) (34,027) (34,708) (35,402) (36,110) (36,832) icing - EFFECTIVE GROSS INCOME 307,350 611,963 612,018 624,258 636,744 649,479 662,468 675,717 689,232 703,016 OPERATING EXP&RESERVES (262,910) (262,910) (262,910) (2707797) (278,921) (287,288) (295,907) (304,784) (313,928) (323,346) NET OPERATING INCOME $ 44,440 349,054 349,109 353,462 357,823 362,190 366,561 370,933 375,304 379,671 ANNUAL DEBT SERV ICE PERM LOAN (284,705) (284,705) (284,705) (284,705) (284,705) (284,705) (284,705) (284,705) (284,705) ANNUAL DEBT SERV ICE ANNUAL DEBT SERV ICE-JOME (42,613) (42,613) (42,613) (42,613) (42,613) (42,613) (42,613) (42,613) (42,613) OPERATIONAL CASH FLOW 44,440 21,736 21,790 26,143 30,505 34,872 39,243 43,615 47,986 52,353 ANNUAL PRINCIPAL REDUCTION PERM 32,000 32,517 34,351 36,289 38,336 40,498 42,782 45,196 41,745 50,438 ANNUAL PRINCIPAL REDUCTION-HOME 33,000 33,896 34,235 34,577 34,923 35,272 35,625 35,981 36,341 36,705 ANNUAL RESERVES 15,600 15,600 15,600 15,600 15,600 15,600 15,600 15,600 15,600 15,600 DEPRECIATION (113,822) (6092343) (262,910) (576,943) (563,083) (550,483) (544,543) (544,543) (544,723) (544,543) OPERATIONAL GAIN(LOSS) 11,219 (505,594) (156,933) (464,333) (443,719) (424,241) (411,293) (404,151) (397,051) (389,447) BRIDGE INTEREST _ EXPENSES FUNDED W/OTHER SOURCES AMORTIZED EXPENSE (22,461) (4,260) (4,260) (4,260) (4,260) (4,260) (4,260) (4,260) (4,260) (4,260) PARTNERSHIP EXPENSE (2,999) (2,999) (3,056) (3,114) (3,173) (3,234) (3,295) (3,358) (3,421) (3,486) NETGAIN/(LOSS) (14,241) (512,854) (164,249) (471,708) (451,153) (431,734) (418,848) (411,769) (404,732) (397,194) DEBT SERVICE COVERAGE 1.23% 1.23% 1.24% 1.26% 1.27% 1.29% 1.30% 1.32% 1.33% DEBT SERV ICE COVERAGE W/HOME Payment 1.07 1.07 1.08 1.09 1.11 1.12 1.13 1.15 1.16 PROJECT CASH FLOW(Operational Cash Flow Anus Partnership Expense) 41,441 18,737 18,734 23,029 27,331 31,638 35,948 40,257 44,565 48,866 Deferred Developer Fee Payback (18,737) (18,734) (23,029) (27,331) (31,638) (35,948) (40,257) (44,565) (48,866) TOTAL CASH FLOW 41,441 1 1 1 17 City Permit and other Impact Fees estimated at $595,000. Could we decrease cost through reduced fees? ITEM DESCRIPTION TAX CREDIT Land Cost price p 7.30 1,590,000 Offsite Improvements Special Space for St Als Services Site Improvements/ Environmental $10,380,000 1,800,000 Contingency 429,000 Clubhouse Equip. & Furnishings 70,000 Building 8,580,000 Permits & Fees 595,000 IHFA Equity Financing Bond related costs Construction Insurance and Payment and Performance Bond 80,000 Construction Interest 286,000 Taxes 5,000 Construction Loan Fee 50,000 Title Fees/close/disburse 25,000 Legal/Accounting (EI.Basis Audit) 40,000 18 City Permit and other Impact Fees estimated at $595,000. Could we decrease cost through reduced fees? Permanent Loan Loan Fee/Rate Lock 3,800 Org Legal Fees 35,000 Title Fees/close/disburse 10,000 Soft Cost Contingency 75,000 Architect/Engineering Fees 350,000 Survey 15,000 Soils/mkt/enivronmental 30,000 Const. Lender Arch. Inspections 10,000 Appraisal 15,000 Tax Credit Fees 64,000 Developer Fee 1,528,840 Subtotal 15,686,640 Lease Up Expense Reserves for Lease Up Expenses 40,000 Total Development Costs $15,106,248 15,726,640 Operating Reserve 273,807 1/2 MAIDS Revenue Fund Deposit 05/31/22 16,000,447 19 Permit • Impact On April 19, 2022 there as a presentation made by City Staff in a Council Work session where one of the strategies presented in a matrix of ideas as a way to address housing needs would be to reduce impact fees for affordable housing developments. Multi Family Building Permit and Fee Calculator(Estimate Only) How to use this worksheet: Fill out the applicable blue fields with the information descibed In the"Description"column. Verify that you're using the correct unit,which is specified in the"Unit to Enter'column. Many fees are auto calculated based off information you provide in various locations.These are estimates only. DESCRIPTION QUANTITY UNIT TQ ENTER UNIT PRICE AMOUNT BUILDING PERMIT FEES: Enter the total number aF dwelling units 52 Number of Units Total Projact Value(Thom is a S50.00 base fee*S550 per S1000 project value) $10,833000.00 Dollars S5.50 IS 59,fi]1.50 Total Square Footage of Climate Controlled Space 51973 Square Feat Building plan review fee %of Building Permit Fee fi5% $ ]8,7fi0A6 Fire plan review fee %of Building Permit Fee 1 30% S 17,699A5 IMPACT AND ASSESSMENT FEES: Meridian Pam Impact Fee 999 Average Unit Size 556.00 $ 2,912.00 Meridian Flre Impact Fee 999 Average Unit Stu $258.00 $ 13,416A0 Mardian Park Impact Fee 990 Average Unit SU. $781.00 $ 40,612.00 Choose whether your project is Lowrisa(1-2 floors)or Midi(3-10 floors)to calculate Ada Caunry Low1169(1-21boB) S2 Number of Units 51.689.00 $ 96,2T6.00 Highway District Impact Fee.Calculated per uniL(Updated 10112021) Water Assessment 52 Numberof Unlls $1.973.00 S 10 59"a Sewer Assessment 52 Number of Units S3.884.00 $ 201,968.00 Wear Assessment Land—pi. calculated b 'Assessments Calculalof ERU S3.884.00 METER FEES: 1 112 Inch Water Meter 9 1 1121nch Water Meter $1,557.85 S 14,020.65 2 Inch Landscape Molar T 1 21nch Landscape Meter S1.344.61 f 2,699.62 PUBLIC WORKS PLAN REVIEW FEE& Does your project have new water a sewer main(Including Ire hytlrante er Ise service Ines) Yes Does your project have any new water or sewer service Ines? Yes bon New Water Main,Hrenls,Fire Line, dl se or Sewer Main($288 be-fee+$0.40 par(near fount) ar t) 9D1 Line Fast $0.40 f 64BAO !ED Dualred Licesned Professional Engineer(OLPE)Ravi":needed for projects with new man 2 Number of Sheets $298.70 $ 597.40 Drainage Plan Review 3.82 Square Acres $ 26.00 PUBLIC WORKS INSPECTION FEES: Inspection with No Public Main(services ezisfing or new services installed) Based o0lnformadon Flat Fee 57200 pravded n'PUBLIC Inspection for New Water Main,Hydrants.Flre Line,andfor Sewer Man(50.69 par linear fool) WORKS PLAN REVIEW 901 Lln—Feet $0.69 $ 621.69 FEES'section TOTAL $ 594,687.19 Need City to Review Estimate- Developer/Architect completed form 20 How the Tax Credit Works WORKS �� Allocates Credits State Housing Based on Population Finance Agency E lm Tax Credit Sells Credits Developer Investor/Syndicator Provides Equity Develo mentNOW11 ' will 21 How the Tax Credit • HOW LIHTC WORKS FOR DEVELOPERS 9% LIHTC can cover 70-90% of a project's cost, depending on the market, but affordable housing developers usually cannot use the tax credits themselves 4% LIHTC covers 30-40% of a project's costs and requires that over 50% of project financing comes from tax-exempt bond debt • Developers secure credits and "sell" them to investors or syndicators for equity • That equity comes in scheduled capital contributions, often at closing, completion of construction, and stabilized occupancy 22 How the Tax CreditWorks How many tax credits will a project receive? How's it calculated: A project receives, for each year of the ten-year credit period, tax credits equal to..... Tax Credit Calculation: Eligible base is basically depreciable Eligible Basis $6,000,000 basis; Eligible basis does not include land, syndication, QCT/DDA basis boost x 130% organization, or permanent Eligible Basis (adjusted) $7,800,000 financing costs; Qualified census tracts or Difficult Applicable Fraction x 75% development area, can increase the Eligible basis by 30%-for Qualified Basis $5,850,000 projects within these QCTs or DDAs Credit Rate x 9.00 Qualified basis equals a building's eligible basis multiplied by the Annual Tax Credits $526,500 building's aenlicaNe fraction Ten years x 10 Annt!-qi credit amount is calculated using the qualified basis of each Total Tax Credits $5,265,000 building in the project, multiplied by the monthly (or fixed) tax credit rate ♦ NOVOGRADAC �� Enterprise- �V&C0MPANYNCW 23 Unfortunately, this project does not work well for noncompetitive 4% credits due to its smaller size and the fact that it is not in a HUD qualified census tract. The Idaho Workforce Housing Credit funded through Federal ARPA is intended to be paired with 4% tax credit projects rather than 9% credit projects. Competitive 9% Tax Credit Potential sources: 9%Tax Credit AMOUNT SOURCES: Permanent Loan 4,600,000 HOME/Housing Trust Fund Loan (IHFA) 1,099,743 Funding Gap 1,350,000 Deferred Developer Fee 251,574 Tax Credit Equity 8,699,130 TOTAL $ 16,000,447 Noncompetitive 4% Tax Credit Tax Exempt Bond scenario gap is much larger, even with Idaho Workforce Housing Trust Fund (ARPA). It also has higher cost due to legal and financing associated costs associated with the Bonds. Typically 4% bond projects are 60 units or more- many are around 100+ units. 4%Tax Credit AMOUNT SOURCES: Permanent Loan 5,000,000 HOME Loan 1,099,743 Gap 2,479,928 Idaho Workforce Housing Trust Fund 2,600,000 Deferred Developer Fee 251,574 Tax Credit Equity 7 4,960,397 TOTAL 77-7 $1 16,391,642 24 Funding Ask Our ask is for $1,350,000 from the City of Meridian which could come from a number of possible combined sources: Option 1: $1,350,000 grant from Meridian General Fund: 1) Our understanding is that the City is not set up to provide lending directly to projects at this time, so our suggestion would be a $1,350,000 grant out of the Meridian General Fund to The Housing Company. The Housing Company would then loan at 0% interest the $1,350,000 to the project. The reason it needs to be structured this way is as follows: 2) If it is granted directly to the project before going through The Housing Company it would generate taxable grant income to the Partnership (the ownership entity will be a Limited Partnership and is taxable). This Limited Partnership has The Housing Company as General Partner and the tax credit investor as limited partner. 3) If the grant goes directly to the Partnership it would reduce tax credit eligible basis to the project. 4) The result is a 40% reduction in the net benefit to the project if it is a direct grant to the partnership. 5) Having a grant pass through a non-profit entity before going to a project is incredibly common in the affordable housing industry due to the reasons above and we have done many projects this way. Option 2: Combination of reduced impact fees and grant from General Fund totaling$1,350,000 between the reduced impact fees and grant. Based on the current estimate of fees, that would be $595,000 fees, and $755,000 grant from the City of Meridian General Fund. 25 Timeline Zoning and Annexation January-February 2022 CUP and Certificate of Zoning September 2022 Appropriateness Application submitted to IHFA August 5, 2022 IHFA awards announced November 2022 Building Permit Application Summer 2022 — Winter 2022 Close Financing/Construction Spring of 2023. sta rt 26 E IDIAN --- AGENDA ITEM ITEM TOPIC: Approval of AIA A133 Agreement with Kreizenbeck Constructors, LLC. for CMGC Pre-Construction Services- Meridian Community Center, for the Not-To-Exceed Amount of$50,000.00. (� E N MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts, Procurement Manager Meeting Date: May 11, 2023 Presenter: Consent Estimated Time: N/A Topic: Approval of AIA A133 Agreement with Kreizenbeck Constructors, LLC. for CMGC Pre-Construction Services - Meridian Community Center, for the Not-To-Exceed Amount of$50,000.00. Recommended Council Action: Approval of AIA A133 Agreement with Kreizenbeck Constructors, LLC., for the Meridian Community Center Pre-Construction Services for the Not-To-Exceed Amount of$50,000.00. Background: V.,--A1A Document A133 2019 Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price I AGREEMENT made as of the 23th day of May in the year 2023 ADDITIONS AND DELETIONS: (In words, indicate day, month, and year.) The author of this document has added information needed for its BETWEEN the Owner: completion. The author may also have revised the text of the original (Name, legal status, address, and other information) AIA standard form.An Additions and Deletions Report that notes added City of Meridian information as well as revisions to the 33 East Broadway Avenue standard form text is available from Meridian,ID 83642 the author and should be reviewed.A vertical line in the left margin of this document indicates where the author and the Construction Manager: has added necessary information (Name, legal status, address, and other information) and where the author has added to or deleted from the original AIA text. Kreizenbeck LLC,dba Kreizenbeck Constructors 213 E. 381h Street This document has important legal Garden City,ID 83714 Telephone: 208-336-9500 consequences.Consultation with an attorney is encouraged with respect to its completion or modification. for the following Project: (Name, location, and detailed description) AIA Document A201 TM-2017, General Conditions of the Contract City of Meridian,Community Center for Construction,is adopted in this Meridian,ID document by reference.Do not use The Architect: with other general conditions unless (Name, legal status, address, and other information) this document is modified. ZGA Architects 408 E Parkcenter Boulevard Suite,205 Boise,ID 83706 Telephone: 208-345-8872 The Owner and Construction Manager agree as follows. AIA Document A133—2019.Copyright @ 1991,2003,2009.and 2019.All rights reserved.'The American Institute of Architects,""American Institute of Architects," Init. AIA9 the AIA Logo,and"AIA Contract Documents"are registered trademarks of The American Institute of Architects.This document was produced at 13:38:21 ET on OS/09/2023 under Order No.4104238628 which expires on 12/28/2023,is not for resale,is licensed for one-time use only,and may only be used in accordance I with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (877676601) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 GENERAL PROVISIONS 3 CONSTRUCTION MANAGER'S RESPONSIBILITIES 4 OWNER'S RESPONSIBILITIES 5 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES 6 COMPENSATION FOR CONSTRUCTION PHASE SERVICES 7 COST OF THE WORK FOR CONSTRUCTION PHASE 8 DISCOUNTS, REBATES,AND REFUNDS 9 SUBCONTRACTS AND OTHER AGREEMENTS 10 ACCOUNTING RECORDS 11 PAYMENTS FOR CONSTRUCTION PHASE SERVICES 12 DISPUTE RESOLUTION 13 TERMINATION OR SUSPENSION 14 MISCELLANEOUS PROVISIONS 15 SCOPE OF THE AGREEMENT EXHIBIT A GUARANTEED MAXIMUM PRICE AMENDMENT EXHIBIT B INSURANCE AND BONDS ARTICLE 1 INITIAL INFORMATION § 1.1 This Agreement is based on the Initial Information set forth in this Section 1.1. (For each item in this section, insert the information or a statement such as "not applicable"or "unknown at time of execution.') § 1.1.1 The Owner's program for the Project,as described in Section 4.1.1: (Insert the Owner's program, identify documentation that establishes the Owner's program, or state the manner in which the program will be developed.) Preconstruction and Construction Phase CM/GC services for the New Meridian Community Center § 1.1.2 The Project's physical characteristics: (Identify or describe pertinent information about the Project's physical characteristics, such as size; location; dimensions;geotechnical reports;site boundaries; topographic surveys; traffic and utility studies; availability ofpublic and private utilities and services; legal description of the site, etc) T.B.D § 1.1.3 The Owner's budget for the Guaranteed Maximum Price,as defined in Article 6: (Provide total and, if known, a line item breakdown.) T.B.D AIA Document A133—2019.Copyright @ 1991,2003,2009,and 2019.All rights reserved.'The American Institute of Architects,""American Institute of Architects," Init. "AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks of The American Institute of Architects.This document was produced at 13:38:21 ET 2 on 05/09/2023 under Order No.4104238628 which expires on 12/28/2023,is not for resale,is licensed for one-time use only,and may only he used in accordance 1 with the AIA Contract Documents"Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (877676601) § 1.1.4 The Owner's anticipated design and construction milestone dates: .1 Design phase milestone dates,if any: T.B.D .2 Construction commencement date: T.B.D .3 Substantial Completion date or dates: j T.B.D .4 Other milestone dates: T.B.D § 1.1.5 The Owner's requirements for accelerated or fast-track scheduling,or phased construction,are set forth below: (Identify any requirements for fast-track scheduling or phased construction) None § 1.1.6 The Owner's anticipated Sustainable Objective for the Project: (Identify and describe the Owner's Sustainable Objective for the Project, if any) None § 1.1.6.1 If the Owner identifies a Sustainable Objective,the Owner and Construction Manager shall complete and incorporate AIA Document E234TM 2019, Sustainable Projects Exhibit,Construction Manager as Constructor Edition, into this Agreement to define the terms,conditions and services related to the Owner's Sustainable Objective.If E234-2019 is incorporated into this agreement,the Owner and Construction Manager shall incorporate the completed E234-2019 into the agreements with the consultants and contractors performing services or Work in any way associated with the Sustainable Objective. § 1.1.7 Other Project information: (Identify special characteristics or needs of the Project not provided elsewhere) T.B.D § 1.1.8 The Owner identifies the following representative in accordance with Section 4.2: (List name, address, and other contact information.) Mike Barton,Park Superintendent 33 East Broadway Avenue Meridian,ID 83642 Telephone:208-8 8 8-4433 Email: mbarton@meridiancity.org § 1.1.9 The persons or entities,in addition to the Owner's representative,who are required to review the Construction Manager's submittals to the Owner are as follows: (List name, address and other contact information) None Init. AIA Document A133—2019.Copyright©1991,2003,2009,and 2019.All rights reserved.'The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks of The American Institute of Architects.This document was produced at 13:38:21 ET 3 on 05/09/2023 under Order No.4104238628 which expires on 1212812023,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (877676601) § 1.1.10 The Owner shall retain the following consultants and contractors: (List name, legal status, address, and other contact information) .1 Geotechnical Engineer: (Paragraphs deleted) T.B.D § 1.1.11 The Architect's representative: (List name, address, and other contact information.) Lance Fish ZGA Architects 408 E Parkcenter Boulevard Suite,205 Boise,ID 83706 Telephone: 208-345-8872 Email: lance@zga.com § 1.1.12 The Construction Manager identifies the following representative in accordance with Article 3: (List name, address, and other contact information.) Mike Berard 213 E 381'ST Garden City,ID 83714 Telephone: 208-336-9500 Mobile: 208-941-3199 Email: mberard@kreizenbeck.com (Paragraphs deleted) § 1.2 The Owner and Construction Manager may rely on the Initial Information. Both parties,however,recognize that such information may materially change and,in that event,the Owner and the Construction Manager shall appropriately adjust the Project schedule,the Construction Manager's services,and the Construction Manager's compensation. The Owner shall adjust the Owner's budget for the Guaranteed Maximum Price and the Owner's anticipated design and construction milestones, as necessary,to accommodate material changes in the Initial Information. § 1.3 Neither the Owner's nor the Construction Manager's representative shall be changed without ten days'prior notice to the other party. ARTICLE 2 GENERAL PROVISIONS § 2.1 The Contract Documents The Contract Documents consist of this Agreement,Conditions of the Contract(General, Supplementary and other Conditions),Drawings, Specifications,Addenda issued prior to execution of this Agreement,other documents listed in this Agreement,and Modifications issued after execution of this Agreement,all of which form the Contract and are as fully a part of the Contract as if attached to this Agreement or repeated herein.Upon the Owner's acceptance of the Construction Manager's Guaranteed Maximum Price proposal,the Contract Documents will also include the documents described in Section 3.2.3 and identified in the Guaranteed Maximum Price Amendment and revisions prepared by the Architect and furnished by the Owner as described in Section 3.2.8. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements,either written or oral.If anything in the other Contract Documents,other than a Modification,is inconsistent with this Agreement,this Agreement shall govern. An enumeration of the Contract Documents,other than a Modification,appears in Article 15. § 2.2 Relationship of the Parties The Construction Manager accepts the relationship of trust and confidence established by this Agreement and covenants with the Owner to cooperate with the Architect and exercise the Construction Manager's skill and judgment in furthering Init. AIA Document A133—2019.Copyright©1991,2003,2009,and 2019.All rights reserved.'The American Institute of Architects,""American Institute of Architects," AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks of The American Institute of Architects.This document was produced at 13:38:21 ET 4 on 05/09/2023 under Order No.4104238628 which expires on 12/28/2023,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (877676601) the interests of the Owner to furnish efficient construction administration,management services,and supervision;to furnish at all times an adequate supply of workers and materials;and to perform the Work in an expeditious and economical manner consistent with the Owner's interests. The Owner agrees to furnish or approve,in a timely manner, information required by the Construction Manager and to make payments to the Construction Manager in accordance with the requirements of the Contract Documents. § 2.3 General Conditions § 2.3.1 For the Preconstruction Phase, AIA Document A201T14-2017,General Conditions of the Contract for Construction,shall apply as follows: Section 1.5,Ownership and Use of Documents; Section 1.7,Digital Data Use and Transmission; Section 1.8, Building Information Model Use and Reliance; Section 2.2.4, Confidential Information; Section 3.12.10,Professional Services; Section 10.3, Hazardous Materials; Section 13.1,Governing Law. The term "Contractor" as used in A201-2017 shall mean the Construction Manager. § 2.3.2 For the Construction Phase, the general conditions of the contract shall be as set forth in A201-2017,which document is incorporated herein by reference.The term "Contractor" as used in A201-2017 shall mean the Construction Manager. ARTICLE 3 CONSTRUCTION MANAGER'S RESPONSIBILITIES The Construction Manager's Preconstruction Phase responsibilities are set forth in Sections 3.1 and 3.2,and in the applicable provisions of A201-2017 referenced in Section 2.3.1.The Construction Manager's Construction Phase responsibilities are set forth in Section 3.3.The Owner and Construction Manager may agree,in consultation with the Architect,for the Construction Phase to commence prior to completion of the Preconstruction Phase,in which case,both phases will proceed concurrently.The Construction Manager shall identify a representative authorized to act on behalf of the Construction Manager with respect to the Project. § 3.1 Preconstruction Phase § 3.1.1 Extent of Responsibility The Construction Manager shall exercise reasonable care in performing its Preconstruction Services.The Owner and Architect shall be entitled to rely on,and shall not be responsible for,the accuracy,completeness,and timeliness of services and information furnished by the Construction Manager.The Construction Manager,however,does not warrant or guarantee estimates and schedules except as may be included as part of the Guaranteed Maximum Price.The Construction Manager is not required to ascertain that the Drawings and Specifications are in accordance with applicable laws, statutes,ordinances,codes,rules and regulations,or lawful orders of public authorities,but the Construction Manager shall promptly report to the Architect and Owner any nonconformity discovered by or made known to the Construction Manager as a request for information in such form as the Architect may require. § 3.1.2 The Construction Manager shall provide a preliminary evaluation of the Owner's program, schedule and construction budget requirements,each in terms of the other. § 3.1.3 Consultation § 3.1.3.1 The Construction Manager shall schedule and conduct meetings with the Architect and Owner to discuss such matters as procedures,progress,coordination,and scheduling of the Work. § 3.1.3.2 The Construction Manager shall advise the Owner and Architect on proposed site use and improvements, selection of materials,building systems,and equipment.The Construction Manager shall also provide recommendations to the Owner and Architect,consistent with the Project requirements,on constructability; availability of materials and labor;time requirements for procurement,installation and construction;prefabrication;and factors related to construction cost including,but not limited to,costs of alternative designs or materials,preliminary budgets,life-cycle data,and possible cost reductions.The Construction Manager shall consult with the Architect regarding professional services to be provided by the Construction Manager during the Construction Phase. § 3.1.3.3 The Construction Manager shall assist the Owner and Architect in establishing building information modeling and digital data protocols for the Project,using AIA Document E203T"L-2013,Building Information Modeling and Digital Data Exhibit,to establish the protocols for the development,use,transmission,and exchange of digital data. nit. AIA Document A133—2019.Copyright©1991,2003,2009,and 2019.All rights reserved.'The American Institute of Architects,""American Institute of Architects," AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks of The American Institute of Architects.This document was produced at 13:38:21 ET 5 on 05/09/2023 under Order No.4104236626 which expires on 12128/2023,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (877676601) § 3.1.4 Project Schedule When Project requirements in Section 4.1.1 have been sufficiently identified,the Construction Manager shall prepare and periodically update a Project schedule for the Architect's review and the Owner's acceptance. The Construction Manager shall obtain the Architect's approval for the portion of the Project schedule relating to the performance of the Architect's services. The Project schedule shall coordinate and integrate the Construction Manager's services,the Architect's services,other Owner consultants' services,and the Owner's responsibilities; and identify items that affect the Project's timely completion. The updated Project schedule shall include the following: submission of the Guaranteed Maximum Price proposal; components of the Work;times of commencement and completion required of each Subcontractor; ordering and delivery of products,including those that must be ordered in advance of construction;and the occupancy requirements of the Owner. § 3.1.5 Phased Construction The Construction Manager,in consultation with the Architect,shall provide recommendations with regard to accelerated or fast-track scheduling,procurement,and sequencing for phased construction. The Construction Manager shall take into consideration cost reductions,cost information,constructability,provisions for temporary facilities,and procurement and construction scheduling issues. § 3.1.6 Cost Estimates § 3.1.6.1 Based on the preliminary design and other design criteria prepared by the Architect,the Construction Manager shall prepare,for the Architect's review and the Owner's approval,preliminary estimates of the Cost of the Work or the cost of program requirements using area,volume,or similar conceptual estimating techniques.If the Architect or Construction Manager suggests alternative materials and systems,the Construction Manager shall provide cost evaluations of those alternative materials and systems. § 3.1.6.2 As the Architect progresses with the preparation of the Schematic Design,Design Development and Construction Documents,the Construction Manager shall prepare and update,at appropriate intervals agreed to by the Owner, Construction Manager and Architect,an estimate of the Cost of the Work with increasing detail and refinement. The Construction Manager shall include in the estimate those costs to allow for the further development of the design, price escalation,and market conditions,until such time as the Owner and Construction Manager agree on a Guaranteed Maximum Price for the Work.The estimate shall be provided for the Architect's review and the Owner's approval. The Construction Manager shall inform the Owner and Architect in the event that the estimate of the Cost of the Work exceeds the latest approved Project budget,and make recommendations for corrective action. (Paragraph deleted) § 3.1.7 As the Architect progresses with the preparation of the Schematic Design,Design Development and Construction Documents,the Construction Manager shall consult with the Owner and Architect and make recommendations regarding constructability and schedules,for the Architect's review and the Owner's approval. § 3.1.8 The Construction Manager shall provide recommendations and information to the Owner and Architect regarding equipment, materials, services,and temporary Project facilities. (Paragraphs deleted) § 3.1.11 Subcontractors and Suppliers § 3.1.11.1 If the Owner has provided requirements for subcontractor procurement in section 1.1.149 the Construction Manager shall provide a subcontracting plan,addressing the Owner's requirements,for the Owner's review and approval. § 3.1.11.2 The Construction Manager shall develop bidders' interest in the Project. § 3.1.11.3 The processes described in Article 9 shall apply if bid packages will be issued during the Preconstruction Phase. § 3.1.12 Procurement The Construction Manager shall prepare,for the Architect's review and the Owner's acceptance,a procurement schedule for items that must be ordered in advance of construction.The Construction Manager shall expedite and coordinate the ordering and delivery of materials that must be ordered in advance of construction. If the Owner agrees to procure any items prior to the establishment of the Guaranteed Maximum Price,the Owner shall procure the items on terms and nit. AIA Document A133—2019.Copyright m 1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks of The American Institute of Architects.This document was produced at 13:38:21 ET 6 on 05/09/2023 under Order No.4104236626 which expires on 1212812023,is not for resale,is licensed for one-time use only,and may only be used in accordance 1 with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (877676601) conditions acceptable to the Construction Manager.Upon the establishment of the Guaranteed Maximum Price,the Owner shall assign all contracts for these items to the Construction Manager and the Construction Manager shall thereafter accept responsibility for them. § 3.1.13 Compliance with Laws The Construction Manager shall comply with applicable laws,statutes,ordinances,codes,rules and regulations,and lawful orders of public authorities applicable to its performance under this Contract,and with equal employment opportunity programs, and other programs as may be required by governmental and quasi-governmental authorities. § 3.1.14 Other Preconstruction Services Insert a description of any other Preconstruction Phase services to be provided by the Construction Manager,or reference an exhibit attached to this document (Describe any other Preconstruction Phase services, such as providing cash flow projections, development of a project information management system, early selection or procurement of subcontractors, etc.) None § 3.2 Guaranteed Maximum Price Proposal § 3.2.1 At a time to be mutually agreed upon by the Owner and the Construction Manager,the Construction Manager shall prepare a Guaranteed Maximum Price proposal for the Owner's and Architect's review,and the Owner's acceptance. The Guaranteed Maximum Price in the proposal shall be the sum of the Construction Manager's estimate of the Cost of the Work,the Construction Manager's contingency described in Section 3.2.4,and the Construction Manager's Fee described in Section 6.1.2. § 3.2.2 To the extent that the Contract Documents are anticipated to require further development,the Guaranteed Maximum Price includes the costs attributable to such further development consistent with the Contract Documents and reasonably inferable therefrom. Such further development does not include changes in scope, systems,kinds and quality of materials, finishes,or equipment,all of which, if required, shall be incorporated by Change Order. § 3.2.3 The Construction Manager shall include with the Guaranteed Maximum Price proposal a written statement of its basis,which shall include the following: .1 A list of the Drawings and Specifications, including all Addenda thereto,and the Conditions of the Contract; .2 A list of the clarifications and assumptions made by the Construction Manager in the preparation of the Guaranteed Maximum Price proposal,including assumptions under Section 3.2.2; .3 A statement of the proposed Guaranteed Maximum Price,including a statement of the estimated Cost of the Work organized by trade categories or systems,including allowances;the Construction Manager's contingency set forth in Section 3.2.4; and the Construction Manager's Fee; .4 The anticipated date of Substantial Completion upon which the proposed Guaranteed Maximum Price is based;and .5 A date by which the Owner must accept the Guaranteed Maximum Price. § 3.2.4 In preparing the Construction Manager's Guaranteed Maximum Price proposal,the Construction Manager shall include a contingency for the Construction Manager's exclusive use to cover those costs that are included in the Guaranteed Maximum Price but not otherwise allocated to another line item or included in a Change Order. § 3.2.5 The Construction Manager shall meet with the Owner and Architect to review the Guaranteed Maximum Price proposal.In the event that the Owner or Architect discover any inconsistencies or inaccuracies in the information presented,they shall promptly notify the Construction Manager,who shall make appropriate adjustments to the Guaranteed Maximum Price proposal,its basis, or both. § 3.2.6 If the Owner notifies the Construction Manager that the Owner has accepted the Guaranteed Maximum Price proposal in writing before the date specified in the Guaranteed Maximum Price proposal,the Guaranteed Maximum Price proposal shall be deemed effective without further acceptance from the Construction Manager.Following acceptance of a Guaranteed Maximum Price, the Owner and Construction Manager shall execute the Guaranteed Maximum Price Amendment amending this Agreement,a copy of which the Owner shall provide to the Architect.The Guaranteed Init. AIA DocumentA133—2019.Copyright©1991,2003,2009,and 2019.All rights reserved.'The American Institute of Architects,""American Institute of Architects;' AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks of The American Institute of Architects.This document was produced at 13:36:21 ET 7 on 05/09/2023 under Order No.4104236626 which expires on 12/2612023,is not for resale,is licensed for one-time use only,and may only be used in accordance t with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (877676601) Maximum Price Amendment shall set forth the agreed upon Guaranteed Maximum Price with the information and assumptions upon which it is based. § 3.2.7 The Construction Manager shall not incur any cost to be reimbursed as part of the Cost of the Work prior to the execution of the Guaranteed Maximum Price Amendment,unless the Owner provides prior written authorization for such costs. § 3.2.8 The Owner shall authorize preparation of revisions to the Contract Documents that incorporate the agreed-upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment.The Owner shall promptly furnish such revised Contract Documents to the Construction Manager.The Construction Manager shall notify the Owner and Architect of any inconsistencies between the agreed-upon assumptions and clarifications contained in the Guaranteed Maximum Price Amendment and the revised Contract Documents. § 3.2.9 The Construction Manager shall include in the Guaranteed Maximum Price all sales,consumer,use and similar taxes for the Work provided by the Construction Manager that are legally enacted,whether or not yet effective,at the time the Guaranteed Maximum Price Amendment is executed. § 3.3 Construction Phase § 3.3.1 General § 3.3.1.1 For purposes of Section 8.1.2 of A201-2017,the date of commencement of the Work shall mean the date of commencement of the Construction Phase. § 3.3.1.2 The Construction Phase shall commence upon the Owner's execution of the Guaranteed Maximum Price Amendment or,prior to acceptance of the Guaranteed Maximum Price proposal,by written agreement of the parties.The written agreement shall set forth a description of the Work to be performed by the Construction Manager,and any insurance and bond requirements for Work performed prior to execution of the Guaranteed Maximum Price Amendment. § 3.3.2 Administration § 3.3.2.1 The Construction Manager shall schedule and conduct meetings to discuss such matters as procedures,progress, coordination, scheduling,and status of the Work.The Construction Manager shall prepare and promptly distribute minutes of the meetings to the Owner and Architect. § 3.3.2.2 Upon the execution of the Guaranteed Maximum Price Amendment,the Construction Manager shall prepare and submit to the Owner and Architect a construction schedule for the Work and a submittal schedule in accordance with Section 3.10 of A201-2017. § 3.3.2.3 Monthly Report The Construction Manager shall record the progress of the Project. On a monthly basis,or otherwise as agreed to by the Owner,the Construction Manager shall submit written progress reports to the Owner and Architect,showing percentages of completion and other information required by the Owner. § 3.3.2.4 Daily Logs The Construction Manager shall keep,and make available to the Owner and Architect,a daily log containing a record for each day of weather,portions of the Work in progress,number of workers on site,identification of equipment on site, problems that might affect progress of the work,accidents, injuries,and other information required by the Owner. § 3.3.2.5 Cost Control The Construction Manager shall develop a system of cost control for the Work, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes.The Construction Manager shall identify variances between actual and estimated costs and report the variances to the Owner and Architect,and shall provide this information in its monthly reports to the Owner and Architect,in accordance with Section 3.3.2.3 above. ARTICLE 4 OWNER'S RESPONSIBILITIES § 4.1 Information and Services Required of the Owner § 4.1.1 The Owner shall provide information with reasonable promptness,regarding requirements for and limitations on the Project,including a written program which shall set forth the Owner's objectives,constraints,and criteria,including AIA Document A133—2019.Copyright©1991,2003,2009,and 2019.All rights reserved.'The American Institute of Architects,""American Institute of Architects," Init. "AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks of The American Institute of Architects.This document was produced at 13:38:21 ET 8 on 05/09/2023 under Order No.4104236626 which expires on 12/28/2023,is not for resale,is licensed for one-time use only,and may only be used in accordance 1 with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (877676601) schedule,space requirements and relationships,flexibility and expandability, special equipment,systems, sustainability and site requirements. § 4.1.2 Prior to the execution of the Guaranteed Maximum Price Amendment,the Construction Manager may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Contract.After execution of the Guaranteed Maximum Price Amendment,the Construction Manager may request such information as set forth in A201-2017 Section 2.2. § 4.1.3 The Owner shall establish and periodically update the Owner's budget for the Project,including(1)the budget for the Cost of the Work as defined in Article 7,(2)the Owner's other costs,and(3)reasonable contingencies related to all of these costs.If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work,the Owner shall notify the Construction Manager and Architect.The Owner and the Architect,in consultation with the Construction Manager,shall thereafter agree to a corresponding change in the Project's scope and quality. § 4.1.4 Structural and Environmental Tests,Surveys and Reports.During the Preconstruction Phase,the Owner shall furnish the following information or services with reasonable promptness.The Owner shall also furnish any other information or services under the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable promptness after receiving the Construction Manager's written request for such information or services. The Construction Manager shall be entitled to rely on the accuracy of information and services furnished by the Owner but shall exercise proper precautions relating to the safe performance of the Work. § 4.1.4.1 The Owner shall furnish tests,inspections,and reports,required by law and as otherwise agreed to by the parties, such as structural,mechanical,and chemical tests,tests for air and water pollution,and tests for hazardous materials. § 4.1.4.2 The Owner shall furnish surveys describing physical characteristics,legal limitations and utility locations for the site of the Project,and a written legal description of the site.The surveys and legal information shall include,as applicable,grades and lines of streets,alleys,pavements and adjoining property and structures; designated wetlands; adjacent drainage; rights-of-way, restrictions, easements, encroachments,zoning,deed restrictions, boundaries and contours of the site;locations, dimensions and other necessary data with respect to existing buildings,other improvements and trees;and information concerning available utility services and lines,both public and private,above and below grade, including inverts and depths.All the information on the survey shall be referenced to a Project benchmark. § 4.1.4.3 The Owner,when such services are requested, shall furnish services of geotechnical engineers,which may include test borings,test pits,determinations of soil bearing values,percolation tests,evaluations of hazardous materials, seismic evaluation,ground corrosion tests and resistivity tests,including necessary operations for anticipating subsoil conditions, with written reports and appropriate recommendations. § 4.1.5 During the Construction Phase,the Owner shall furnish information or services required of the Owner by the Contract Documents with reasonable promptness. The Owner shall also furnish any other information or services under the Owner's control and relevant to the Construction Manager's performance of the Work with reasonable promptness after receiving the Construction Manager's written request for such information or services. § 4.1.6 If the Owner identified a Sustainable Objective in Article I.the Owner shall fulfill its responsibilities as required in AIA Document E234TM-2019,Sustainable Projects Exhibit,Construction Manager as Constructor Edition,attached to this Agreement. § 4.2 Owner's Designated Representative The Owner shall identify a representative authorized to act on behalf of the Owner with respect to the Project.The Owner's representative shall render decisions promptly and furnish information expeditiously,so as to avoid unreasonable delay in the services or Work of the Construction Manager.Except as otherwise provided in Section 4.2.1 of A201-2017,the Architect does not have such authority.The term"Owner" means the Owner or the Owner's authorized representative. § 4.2.1 Legal Requirements.The Owner shall furnish all legal,insurance and accounting services,including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. Init. AIA Document A133—2019.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks of The American Institute of Architects.This document was produced at 13:38:21 ET 9 on 05109/2023 under Order No.4104238628 which expires on 12/28/2023,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (877676601) § 4.3 Architect The Owner shall retain an Architect to provide services,duties and responsibilities as described in AIA Document B 133Tm-2019, Standard Form of Agreement Between Owner and Architect, Construction Manager as Constructor Edition,including any additional services requested by the Construction Manager that are necessary for the Preconstruction and Construction Phase services under this Agreement. The Owner shall provide the Construction Manager with a copy of the scope of services in the executed agreement between the Owner and the Architect,and any further modifications to the Architect's scope of services in the agreement. ARTICLE 5 COMPENSATION AND PAYMENTS FOR PRECONSTRUCTION PHASE SERVICES § 5.1 Compensation § 5.1.1 For the Construction Manager's Preconstruction Phase services described in Sections 3.1 and 3.2,the Owner shall compensate the Construction Manager as follows: j (Paragraphs deleted)Tbe lump sum Pre Construction Services fee shall be fixed at$50,000.00 (Table deleted) § 5.1.2 If the Preconstruction Phase services covered by this Agreement have not been completed within Twenty (20 ) months of the date of this Agreement,through no fault of the Construction Manager,the Construction Manager's compensation for Preconstruction Phase services shall be equitably adjusted. (Paragraphs deleted) § 5.2 Payments § 5.2.1 Unless otherwise agreed,payments for services shall be made monthly in proportion to services performed. § 5.2.2 Payments are due and payable upon presentation of the Construction Manager's invoice.Amounts unpaid Thirty (30 )days after the invoice date shall bear interest at the rate entered below,or in the absence thereof at the legal rate prevailing from time to time at the principal place of business of the Construction Manager. (Insert rate of monthly or annual interest agreed upon.) Zero % Interest rate shall be 0 ARTICLE 6 COMPENSATION FOR CONSTRUCTION PHASE SERVICES § 6.1 Contract Sum § 6.1.1 The Owner shall pay the Construction Manager the Contract Sum in current funds for the Construction Manager's performance of the Contract after execution of the Guaranteed Maximum Price Amendment.The Contract Sum is the Cost of the Work as defined in Article 7 plus the Construction Manager's Fee. § 6.1.2 The Construction Manager's Fee: (State a lump sum,percentage of Cost of the Work or other provision for determining the Construction Manager's Fee) 5.25%fee plus all direct costs and reimbursables § 6.1.3 The method of adjustment of the Construction Manager's Fee for changes in the Work: 5.25%fee plus all direct costs and reimbursables § 6.1.4 Limitations,if any,on a Subcontractor's overhead and profit for increases in the cost of its portion of the Work: Limitations of Subcontractors overhead and profit will be 15% § 6.1.5 Rental rates for Construction Manager-owned equipment shall not exceed One Hundred percent( 100 %)of the standard rental rate paid at the place of the Project. § 6.1.6 Liquidated damages,if any: (Insert terms and conditions for liquidated damages, if any.) None Init. AIA Document A133—2019.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," AIA,"the AIA Logo,and"AIA Contract Documents'are registered trademarks of The American Institute of Architects.This document was produced at 13:36:21 ET 10 on 05/09/2023 under Order No.4104236626 which expires on 12/28/2023,is not for resale,is licensed for one-time use only,and may only be used in accordance l with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (877676601) § 6.1.7 Other: (Insert provisions for bonus, cost savings or other incentives, if any, that might result in a change to the Contract Sum) None § 6.2 Guaranteed Maximum Price The Construction Manager guarantees that the Contract Sum shall not exceed the Guaranteed Maximum Price set forth in the Guaranteed Maximum Price Amendment, subject to additions and deductions by Change Order as provided in the Contract Documents. Costs which would cause the Guaranteed Maximum Price to be exceeded shall be paid by the Construction Manager without reimbursement by the Owner. **The final scope of work and the GMP will be determined at a future date as the scope is defined and the Construction Documents are completed. § 6.3 Changes in the Work § 6.3.1 The Owner may,without invalidating the Contract,order changes in the Work within the general scope of the Contract consisting of additions,deletions or other revisions.The Owner shall issue such changes in writing.The Construction Manager may be entitled to an equitable adjustment in the Contract Time as a result of changes in the Work. § 6.3.1.1 The Architect may order minor changes in the Work as provided in Article 7 of AIA Document A201-2017, General Conditions of the Contract for Construction. § 6.3.2 Adjustments to the Guaranteed Maximum Price on account of changes in the Work subsequent to the execution of the Guaranteed Maximum Price Amendment may be determined by any of the methods listed in Article 7 of AIA Document A201-.2017,General Conditions of the Contract for Construction. § 6.3.3 Adjustments to subcontracts awarded on the basis of a stipulated sum shall be determined in accordance with Article 7 of A201-2017,as they refer to"cost"and"fee,"and not by Articles 6 and 7 of this Agreement.Adjustments to subcontracts awarded with the Owner's prior written consent on the basis of cost plus a fee shall be calculated in accordance with the terms of those subcontracts. § 6.3.4 In calculating adjustments to the Guaranteed Maximum Price,the terms"cost"and"costs"as used in Article 7 of AIA Document A201-2017 shall mean the Cost of the Work as defined in Article 7 of this Agreement and the term"fee" shall mean the Construction Manager's Fee as defined in Section 6.1.2 of this Agreement. § 6.3.5 If no specific provision is made in Section 6.1.3 for adjustment of the Construction Manager's Fee in the case of changes in the Work,or if the extent of such changes is such,in the aggregate,that application of the adjustment provisions of Section 6.1.3 will cause substantial inequity to the Owner or Construction Manager,the Construction Manager's Fee shall be equitably adjusted on the same basis that was used to establish the Fee for the original Work,and the Guaranteed Maximum Price shall be adjusted accordingly. ARTICLE 7 COST OF THE WORK FOR CONSTRUCTION PHASE § 7.1 Costs to Be Reimbursed § 7.1.1 The term Cost of the Work shall mean costs necessarily incurred by the Construction Manager in the proper performance of the Work.The Cost of the Work shall include only the items set forth in Sections 7.1 through 7.7. § 7.1.2 Where,pursuant to the Contract Documents, any cost is subject to the Owner's prior approval,the Construction Manager shall obtain such approval in writing prior to incurring the cost. § 7.1.3 Costs shall be at rates not higher than the standard rates paid at the place of the Project,except with prior approval of the Owner. § 7.2 Labor Costs § 7.2.1 Wages or salaries of construction workers directly employed by the Construction Manager to perform the construction of the Work at the site or,with the Owner's prior approval, at off-site workshops. nit. AIA Document A133—2019.Copyright 01991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks of The American Institute of Architects.This document was produced at 13:38:21 ET 11 on 05/09/2023 under Order No.4104238628 which expires on 12/28/2023,is not for resale,is licensed for one-time use only,and may only be used in accordance t with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (877676601) § 7.2.2 Wages or salaries of the Construction Manager's supervisory and administrative personnel when stationed at the site and performing Work,with the Owner's prior approval. § 7.2.2.1 Wages or salaries of the Construction Manager's supervisory and administrative personnel when performing Work and stationed at a location other than the site,but only for that portion of time required for the Work,and limited to the personnel and activities listed below: (Identify the personnel, type of activity and,if applicable, any agreed upon percentage of time to be devoted to the Work.) Project Manager,Project Engineer,and Project Coordinator § 7.2.3 Wages and salaries of the Construction Manager's supervisory or administrative personnel engaged at factories, workshops or while traveling,in expediting the production or transportation of materials or equipment required for the Work,but only for that portion of their time required for the Work. § 7.2.4 Costs paid or incurred by the Construction Manager,as required by law or collective bargaining agreements,for taxes, insurance, contributions, assessments and benefits and,for personnel not covered by collective bargaining agreements, customary benefits such as sick leave, medical and health benefits, holidays, vacations and pensions, provided such costs are based on wages and salaries included in the Cost of the Work under Sections 7.2.1 through 7.2.3. § 7.2.5 If agreed rates for labor costs,in lieu of actual costs,are provided in this Agreement,the rates shall remain unchanged throughout the duration of this Agreement,unless the parties execute a Modification. § 7.3 Subcontract Costs Payments made by the Construction Manager to Subcontractors in accordance with the requirements of the subcontracts and this Agreement. § 7.4 Costs of Materials and Equipment Incorporated in the Completed Construction § 7.4.1 Costs,including transportation and storage at the site,of materials and equipment incorporated,or to be incorporated,in the completed construction. § 7.4.2 Costs of materials described in the preceding Section 7.4.1 in excess of those actually installed to allow for reasonable waste and spoilage.Unused excess materials, if any,shall become the Owner's property at the completion of the Work or,at the Owner's option,shall be sold by the Construction Manager.Any amounts realized from such sales shall be credited to the Owner as a deduction from the Cost of the Work. § 7.5 Costs of Other Materials and Equipment, Temporary Facilities and Related Items § 7.5.1 Costs of transportation,storage,installation,dismantling,maintenance, and removal of materials,supplies, temporary facilities, machinery, equipment and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site and fully consumed in the performance of the Work.Costs of materials, supplies,temporary facilities, machinery,equipment, and tools,that are not fully consumed, shall be based on the cost or value of the item at the time it is first used on the Project site less the value of the item when it is no longer used at the Project site.Costs for items not fully consumed by the Construction Manager shall mean fair market value. § 7.5.2 Rental charges for temporary facilities,machinery,equipment,and hand tools not customarily owned by construction workers that are provided by the Construction Manager at the site,and the costs of transportation, installation, dismantling, minor repairs,and removal of such temporary facilities,machinery,equipment,and hand tools. Rates and quantities of equipment owned by the Construction Manager,or a related party as defined in Section 7.8, shall be subject to the Owner's prior approval.The total rental cost of any such equipment may not exceed the purchase price of any comparable item. § 7.5.3 Costs of removal of debris from the site of the Work and its proper and legal disposal. § 7.5.4 Costs of the Construction Manager's site office, including general office equipment and supplies. § 7.5.5 Costs of materials and equipment suitably stored off the site at a mutually acceptable location, subject to the Owner's prior approval. Init. AIA Document A133—2019.Copyright©1991,2003,2009,and 2019.All rights reserved.'The American Institute of Architects,""American Institute of Architects," AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks of The American Institute of Architects.This document was produced at 13:38:21 ET 12 on 0510912023 under Order No.4104238628 which expires on 1 212 812 02 3,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (877676601) § 7.6 Miscellaneous Costs § 7.6.1 Premiums for that portion of insurance and bonds required by the Contract Documents that can be directly attributed to this Contract. § 7.6.1.1 Costs for self-insurance, for either full or partial amounts of the coverages required by the Contract Documents, with the Owner's prior approval. § 7.6.1.2 Costs for insurance through a captive insurer owned or controlled by the Construction Manager,with the Owner's prior approval. § 7.6.2 Sales,use,or similar taxes, imposed by a governmental authority,that are related to the Work and for which the Construction Manager is liable. § 7.6.3 Fees and assessments for the building permit,and for other permits,licenses,and inspections, for which the Construction Manager is required by the Contract Documents to pay. § 7.6.4 Fees of laboratories for tests required by the Contract Documents;except those related to defective or nonconforming Work for which reimbursement is excluded under Article 13 of AIA Document A201-2017 or by other provisions of the Contract Documents,and which do not fall within the scope of Section 7.7.3. § 7.6.5 Royalties and license fees paid for the use of a particular design,process,or product,required by the Contract Documents. § 7.6.5.1 The cost of defending suits or claims for infringement of patent rights arising from requirements of the Contract Documents,payments made in accordance with legal judgments against the Construction Manager resulting from such suits or claims,and payments of settlements made with the Owner's consent,unless the Construction Manager had reason to believe that the required design,process,or product was an infringement of a copyright or a patent,and the Construction Manager failed to promptly furnish such information to the Architect as required by Article 3 of AIA Document A201-2017. The costs of legal defenses,judgments,and settlements shall not be included in the Cost of the Work used to calculate the Construction Manager's Fee or subject to the Guaranteed Maximum Price. § 7.6.6 Costs for communications services,electronic equipment,and software,directly related to the Work and located at the site,with the Owner's prior approval. § 7.6.7 Costs of document reproductions and delivery charges. § 7.6.8 Deposits lost for causes other than the Construction Manager's negligence or failure to fulfill a specific responsibility in the Contract Documents. § 7.6.9 Legal,mediation and arbitration costs,including attorneys'fees,other than those arising from disputes between the Owner and Construction Manager,reasonably incurred by the Construction Manager after the execution of this Agreement in the performance of the Work and with the Owner's prior approval,which shall not be unreasonably withheld. § 7.6.10 Expenses incurred in accordance with the Construction Manager's standard written personnel policy for relocation and temporary living allowances of the Construction Manager's personnel required for the Work,with the Owner's prior approval. § 7.6.11 That portion of the reasonable expenses of the Construction Manager's supervisory or administrative personnel incurred while traveling in discharge of duties connected with the Work. §7.6.12 See Reimbursable Expense Matrix,Attachment A § 7.7 Other Costs and Emergencies § 7.7.1 Other costs incurred in the performance of the Work,with the Owner's prior approval. § 7.7.2 Costs incurred in taking action to prevent threatened damage,injury,or loss,in case of an emergency affecting the safety of persons and property, as provided in Article 10 of AIA Document A201-2017. Init. AIA Document A133—2019.Copyright 01991,2003,2009,and 2019.All rights reserved.'The American Institute of Architects,""American Institute of Architects," AIA,"the AIA Logo,and"AIA Contract Documents'are registered trademarks of The American Institute of Architects.This document was produced at 13:38:21 ET 13 on 0510912023 under Order No.4104236626 which expires on 1212812023,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (877676601) § 7.7.3 Costs of repairing or correcting damaged or nonconforming Work executed by the Construction Manager, Subcontractors,or suppliers,provided that such damaged or nonconforming Work was not caused by the negligence of,or failure to fulfill a specific responsibility by,the Construction Manager,and only to the extent that the cost of repair or correction is not recovered by the Construction Manager from insurance,sureties, Subcontractors,suppliers,or others. § 7.7.4 The costs described in Sections 7.1 through 7.7 shall be included in the Cost of the Work,notwithstanding any provision of AIA Document A2012017 or other Conditions of the Contract which may require the Construction Manager to pay such costs,unless such costs are excluded by the provisions of Section 7.9. § 7.8 Related Party Transactions § 7.8.1 For purposes of this Section 7.8,the term"related party" shall mean(1)a parent, subsidiary,affiliate, or other entity having common ownership of,or sharing common management with,the Construction Manager; (2)any entity in which any stockholder in,or management employee of,the Construction Manager holds an equity interest in excess of ten percent in the aggregate;(3)any entity which has the right to control the business or affairs of the Construction Manager; or(4)any person,or any member of the immediate family of any person,who has the right to control the business or affairs of the Construction Manager. § 7.8.2 If any of the costs to be reimbursed arise from a transaction between the Construction Manager and a related party, the Construction Manager shall notify the Owner of the specific nature of the contemplated transaction, including the identity of the related party and the anticipated cost to be incurred,before any such transaction is consummated or cost incurred. If the Owner, after such notification, authorizes the proposed transaction in writing,then the cost incurred shall be included as a cost to be reimbursed, and the Construction Manager shall procure the Work, equipment, goods,or service, from the related party,as a Subcontractor,according to the terms of Article 9.If the Owner fails to authorize the transaction in writing,the Construction Manager shall procure the Work,equipment,goods, or service from some person or entity other than a related party according to the terms of Article 9. § 7.9 Costs Not To Be Reimbursed § 7.9.1 The Cost of the Work shall not include the items listed below: .1 Salaries and other compensation of the Construction Manager's personnel stationed at the Construction Manager's principal office or offices other than the site office,except as specifically provided in Section 7.2,or as may be provided in Article 14; .2 Bonuses,profit sharing, incentive compensation,and any other discretionary payments,paid to anyone hired by the Construction Manager or paid to any Subcontractor or vendor,unless the Owner has provided prior approval; .3 Expenses of the Construction Manager's principal office and offices other than the site office; .4 Overhead and general expenses,except as may be expressly included in Sections 7.1 to 7.7; .5 The Construction Manager's capital expenses, including interest on the Construction Manager's capital employed for the Work; .6 Except as provided in Section 7.7.3 of this Agreement,costs due to the negligence of,or failure to fulfill a specific responsibility of the Contract by,the Construction Manager, Subcontractors,and suppliers,or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable; .7 Any cost not specifically and expressly described in Sections 7.1 to 7.7; .8 Costs,other than costs included in Change Orders approved by the Owner,that would cause the Guaranteed Maximum Price to be exceeded;and .9 Costs for services incurred during the Preconstruction Phase. ARTICLE 8 DISCOUNTS, REBATES, AND REFUNDS § 8.1 Cash discounts obtained on payments made by the Construction Manager shall accrue to the Owner if(1)before making the payment,the Construction Manager included the amount to be paid, less such discount,in an Application for Payment and received payment from the Owner,or(2)the Owner has deposited funds with the Construction Manager with which to make payments; otherwise,cash discounts shall accrue to the Construction Manager. Trade discounts, rebates,refunds,and amounts received from sales of surplus materials and equipment shall accrue to the Owner,and the Construction Manager shall make provisions so that they can be obtained. § 8.2 Amounts that accrue to the Owner in accordance with the provisions of Section 8.1 shall be credited to the Owner as a deduction from the Cost of the Work. Init. AIA Document A133—2019.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks of The American Institute of Architects.This document was produced at 13:38:21 ET 14 on 05/09/2023 under Order No.4104238628 which expires on 12/28/2023,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (877676601) ARTICLE 9 SUBCONTRACTS AND OTHER AGREEMENTS § 9.1 Those portions of the Work that the Construction Manager does not customarily perform with the Construction Manager's own personnel shall be performed under subcontracts or other appropriate agreements with the Construction Manager.The Owner may designate specific persons from whom,or entities from which,the Construction Manager shall obtain bids.The Construction Manager shall obtain bids from Subcontractors,and from suppliers of materials or equipment fabricated especially for the Work,who are qualified to perform that portion of the Work in accordance with the requirements of the Contract Documents. The Construction Manager shall deliver such bids to the Architect and Owner with an indication as to which bids the Construction Manager intends to accept.The Owner then has the right to review the Construction Manager's list of proposed subcontractors and suppliers in consultation with the Architect and, subject to Section 9.1.1,to object to any subcontractor or supplier.Any advice of the Architect, or approval or objection by the Owner,shall not relieve the Construction Manager of its responsibility to perform the Work in accordance with the Contract Documents.The Construction Manager shall not be required to contract with anyone to whom the Construction Manager has reasonable objection. § 9.1.1 When a specific subcontractor or supplier(1)is recommended to the Owner by the Construction Manager;(2)is qualified to perform that portion of the Work; and(3)has submitted a bid that conforms to the requirements of the Contract Documents without reservations or exceptions,but the Owner requires that another bid be accepted, then the Construction Manager may require that a Change Order be issued to adjust the Guaranteed Maximum Price by the difference between the bid of the person or entity recommended to the Owner by the Construction Manager and the amount of the subcontract or other agreement actually signed with the person or entity designated by the Owner. § 9.2 Subcontracts or other agreements shall conform to the applicable payment provisions of this Agreement,and shall not be awarded on the basis of cost plus a fee without the Owner's prior written approval. If a subcontract is awarded on the basis of cost plus a fee,the Construction Manager shall provide in the subcontract for the Owner to receive the same audit rights with regard to the Subcontractor as the Owner receives with regard to the Construction Manager in Article 10. ARTICLE 10 ACCOUNTING RECORDS The Construction Manager shall keep full and detailed records and accounts related to the Cost of the Work,and exercise such controls,as may be necessary for proper financial management under this Contract and to substantiate all costs incurred.The accounting and control systems shall be satisfactory to the Owner.The Owner and the Owner's auditors shall, during regular business hours and upon reasonable notice,be afforded access to,and shall be permitted to audit and copy,the Construction Manager's records and accounts,including complete documentation supporting accounting entries,books,job cost reports,correspondence,instructions,drawings,receipts, subcontracts, Subcontractor's proposals, Subcontractor's invoices, purchase orders, vouchers,memoranda,and other data relating to this Contract. The Construction Manager shall preserve these records for a period of three years after final payment,or for such longer period as may be required by law. ARTICLE 11 PAYMENTS FOR CONSTRUCTION PHASE SERVICES § 11.1 Progress Payments § 11.1.1 Based upon Applications for Payment submitted to the Architect by the Construction Manager,and Certificates for Payment issued by the Architect,the Owner shall make progress payments on account of the Contract Sum,to the Construction Manager,as provided below and elsewhere in the Contract Documents. § 11.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month,or as follows: § 11.1.3 Provided that an Application for Payment is received by the Architect not later than the 5th day of a month,the Owner shall make payment of the amount certified to the Construction Manager not later than the 25th day of the same month.If an Application for Payment is received by the Architect after the application date fixed above,payment of the amount certified shall be made by the Owner not later than Twenty ( 20 )days after the Architect receives the Application for Payment. (Federal, state or local laws may require payment within a certain period of time.) § 11.1.4 With each Application for Payment,the Construction Manager shall submit payrolls,petty cash accounts,receipted invoices or invoices with check vouchers attached,and any other evidence required by the Owner or Architect to demonstrate Init. AIA Document A133—2019.Copyright©1991, 2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks of The American Institute of Architects.This document was produced at 13:38:21 ET 15 on 05/09/2023 under Order No.4104236626 which expires on 12/28/2023,is not for resale,is licensed for one-time use only,and may only be used in accordance I with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (877676601) that payments already made by the Construction Manager on account of the Cost of the Work equal or exceed progress payments already received by the Construction Manager,plus payrolls for the period covered by the present Application for Payment,less that portion of the progress payments attributable to the Construction Manager's Fee. § 11.1.5 Each Application for Payment shall be based on the most recent schedule of values submitted by the Construction Manager in accordance with the Contract Documents.The schedule of values shall allocate the entire Guaranteed Maximum Price among: (1)the various portions of the Work;(2)any contingency for costs that are included in the Guaranteed Maximum Price but not otherwise allocated to another line item or included in a Change Order;and(3)the Construction Manager's Fee. § 11.1.5.1 The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require.The schedule of values shall be used as a basis for reviewing the Construction Manager's Applications for Payment. § 11.1.5.2 The allocation of the Guaranteed Maximum Price under this Section 11.1.5 shall not constitute a separate guaranteed maximum price for the Cost of the Work of each individual line item in the schedule of values. § 11.1.5.3 When the Construction Manager allocates costs from a contingency to another line item in the schedule of values,the Construction Manager shall submit supporting documentation to the Architect. § 11.1.6 Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment.The percentage of completion shall be the lesser of(1)the percentage of that portion of the Work which has actually been completed,or(2)the percentage obtained by dividing(a)the expense that has actually been incurred by the Construction Manager on account of that portion of the Work and for which the Construction Manager has made payment or intends to make payment prior to the next Application for Payment,by(b) the share of the Guaranteed Maximum Price allocated to that portion of the Work in the schedule of values. § 11.1.7 In accordance with AIA Document A201-2017 and subject to other provisions of the Contract Documents,the amount of each progress payment shall be computed as follows: § 11.1.7.1 The amount of each progress payment shall first include: .1 That portion of the Guaranteed Maximum Price properly allocable to completed Work as determined by multiplying the percentage of completion of each portion of the Work by the share of the Guaranteed Maximum Price allocated to that portion of the Work in the most recent schedule of values; .2 That portion of the Guaranteed Maximum Price properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction or,if approved in writing in advance by the Owner, suitably stored off the site at a location agreed upon in writing; .3 That portion of Construction Change Directives that the Architect determines,in the Architect's professional judgment,to be reasonably justified;and .4 The Construction Manager's Fee,computed upon the Cost of the Work described in the preceding Sections 11.1.7.1.1 and 11.1.7.1.2 at the rate stated in Section 6.1.2 or,if the Construction Manager's Fee is stated as a fixed sum in that Section,an amount that bears the same ratio to that fixed-sum fee as the Cost of the Work included in Sections 11.1.7.1.1 and 11.1.7.1.2 bears to a reasonable estimate of the probable Cost of the Work upon its completion. § 11.1.7.2 The amount of each progress payment shall then be reduced by: .1 The aggregate of any amounts previously paid by the Owner; .2 The amount,if any,for Work that remains uncorrected and for which the Architect has previously withheld a Certificate for Payment as provided in Article 9 of AIA Document A201-2017; .3 Any amount for which the Construction Manager does not intend to pay a Subcontractor or material supplier, unless the Work has been performed by others the Construction Manager intends to pay; .4 For Work performed or defects discovered since the last payment application,any amount for which the Architect may withhold payment,or nullify a Certificate of Payment in whole or in part,as provided in Article 9 of AIA Document A201-2017; .5 The shortfall,if any,indicated by the Construction Manager in the documentation required by Section 11.1.4 to substantiate prior Applications for Payment,or resulting from errors subsequently discovered by the Owner's auditors in such documentation; and Init. AIA Document A133—2019.Copyright©1991,2003,2009,and 2019.All rights reserved.'The American Institute of Architects,""American Institute of Architects," AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks of The American Institute of Architects.This document was produced at 13:38:21 ET 16 on 05/09/2023 under Order No.4104238628 which expires on 12/28/2023,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (877676601) .6 Retainage withheld pursuant to Section 11.1.8, § 11.1.8 Retainage § 11.1.8.1 For each progress payment made prior to Substantial Completion of the Work,the Owner may withhold the following amount,as retainage, from the payment otherwise due: (Insert a percentage or amount to be withheld as retainage from each Application for Payment. The amount of retainage may be limited by governing law) j Retainage shall be 5% § 11.1.8.1.1 The following items are not subject to retainage: (Insert any items not subject to the withholding of retainage,such as general conditions, insurance, etc.) § 11.1.8.2 Reduction or limitation of retainage, if any,shall be as follows: (If the retainage established in Section 11.1.8.1 is to be modified prior to Substantial Completion of the entire Work, insert provisions for such modification) § 11.1.8.3 Except as set forth in this Section 11.1.8.3,upon Substantial Completion of the Work,the Construction Manager may submit an Application for Payment that includes the retainage withheld from prior Applications for Payment pursuant to this Section 11.1.8.The Application for Payment submitted at Substantial Completion shall not include retainage as follows: (Insert any other conditions for release of retainage,such as upon completion of the Owner's audit and reconciliation, upon Substantial Completion.) §11.1.9 If final completion of the Work is materially delayed through no fault of the Construction Manager,the Owner shall pay the Construction Manager any additional amounts in accordance with Article 9 of AIA Document A201-2017. § 11.1.10 Except with the Owner's prior written approval,the Construction Manager shall not make advance payments to suppliers for materials or equipment which have not been delivered and suitably stored at the site. § 11.1.11 The Owner and the Construction Manager shall agree upon a mutually acceptable procedure for review and approval of payments to Subcontractors,and the percentage of retainage held on Subcontracts,and the Construction Manager shall execute subcontracts in accordance with those agreements. § 11.1.12 In taking action on the Construction Manager's Applications for Payment the Architect shall be entitled to rely on the accuracy and completeness of the information furnished by the Construction Manager,and such action shall not be deemed to be a representation that(1)the Architect has made a detailed examination,audit,or arithmetic verification,of the documentation submitted in accordance with Section 11.1.4 or other supporting data;(2)that the Architect has made exhaustive or continuous on-site inspections;or(3)that the Architect has made examinations to ascertain how or for what purposes the Construction Manager has used amounts previously paid on account of the Contract. Such examinations, audits,and verifications,if required by the Owner,will be performed by the Owner's auditors acting in the sole interest of the Owner. § 11.2 Final Payment § 11.2.1 Final payment,constituting the entire unpaid balance of the Contract Sum,shall be made by the Owner to the Construction Manager when .1 the Construction Manager has fully performed the Contract,except for the Construction Manager's responsibility to correct Work as provided in Article 12 of AIA Document A201-2017,and to satisfy other requirements, if any,which extend beyond final payment; .2 the Construction Manager has submitted a final accounting for the Cost of the Work and a final Application for Payment;and .3 a final Certificate for Payment has been issued by the Architect in accordance with Section 11.2.2.2. § 11.2.2 Within 30 days of the Owner's receipt of the Construction Manager's final accounting for the Cost of the Work, the Owner shall conduct an audit of the Cost of the Work or notify the Architect that it will not conduct an audit. Init. AIA Document A133—2019.Copyright©1991,2003,2009,and 2019.All rights reserved.'The American Institute of Architects,""American Institute of Architects," AIA,"the AIA Logo,and"AIA Contract Documents'are registered trademarks of The American Institute of Architects.This document was produced at 13:38:21 ET 17 on 05/09/2023 under Order No.4104236626 which expires on 12/28/2023,is not for resale,is licensed for one-time use only,and may only be used in accordance 1 with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (877676601) § 11.2.2.1 If the Owner conducts an audit of the Cost of the Work,the Owner shall,within 10 days after completion of the audit,submit a written report based upon the auditors' findings to the Architect. § 11.2.2.2 Within seven days after receipt of the written report described in Section 11.2.2.1,or receipt of notice that the Owner will not conduct an audit,and provided that the other conditions of Section 11.2.1 have been met,the Architect will either issue to the Owner a final Certificate for Payment with a copy to the Construction Manager,or notify the Construction Manager and Owner in writing of the Architect's reasons f'or withholding a certificate as provided in Article 9 of AIA Document A201-2017.The time periods stated in this Section 11.2.2 supersede those stated in Article 9 of AIA Document A201-2017.The Architect is not responsible for verifying the accuracy of the Construction Manager's final accounting. § 11.2.2.3 If the Owner's auditors' report concludes that the Cost of the Work,as substantiated by the Construction Manager's final accounting,is less than claimed by the Construction Manager,the Construction Manager shall be entitled to request mediation of the disputed amount without seeking an initial decision pursuant to Article 15 of AIA Document A201-2017.A request for mediation shall be made by the Construction Manager within 30 days after the Construction Manager's receipt of a copy of the Architect's final Certificate for Payment.Failure to request mediation within this 30-day period shall result in the substantiated amount reported by the Owner's auditors becoming binding on the Construction Manager. Pending a final resolution of the disputed amount,the Owner shall pay the Construction Manager the amount certified in the Architect's final Certificate for Payment. § 11.2.3 The Owner's final payment to the Construction Manager shall be made no later than 30 days after the issuance of the Architect's final Certificate f'or Payment,or as follows: § 11.2.4 If, subsequent to final payment,and at the Owner's request,the Construction Manager incurs costs,described in Sections 7.1 through 7.7,and not excluded by Section 7.9,to correct defective or nonconforming Work,the Owner shall reimburse the Construction Manager for such costs,and the Construction Manager's Fee applicable thereto,on the same basis as if such costs had been incurred prior to final payment,but not in excess of the Guaranteed Maximum Price. If adjustments to the Contract Sum are provided for in Section 6.1.7,the amount of those adjustments shall be recalculated, taking into account any reimbursements made pursuant to this Section 11.2.4 in determining the net amount to be paid by the Owner to the Construction Manager. § 11.3Interest Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below,or in the absence thereof,at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) Zero %Interest rate shall be 0% ARTICLE 12 DISPUTE RESOLUTION § 12.1 Initial Decision Maker § 12.1.1 Any Claim between the Owner and Construction Manager shall be resolved in accordance with the provisions set forth in this Article 12 and Article 15 of A201-2017.However,for Claims arising from or relating to the Construction Manager's Preconstruction Phase services, no decision by the Initial Decision Maker shall be required as a condition precedent to mediation or binding dispute resolution,and Section 12.1.2 of this Agreement shall not apply. § 12.1.2 The Architect will serve as the Initial Decision Maker pursuant to Article 15 of AIA Document A201-2017 for Claims arising from or relating to the Construction Manager's Construction Phase services,unless the parties appoint below another individual,not a party to the Agreement, to serve as the Initial Decision Maker. (If the parties mutually agree, insert the name, address and other contact information of the Initial Decision Maker, if other than the Architect.) fnit. AIA Document A133—2019.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks of The American Institute of Architects.This document was produced at 13:38:21 ET 8 on O5109/2023 under Order No.4104238628 which expires on 12128/2023,is not for resale,is licensed for one-time use only,and may only be used in accordance t with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (877676601) § 12.2 Binding Dispute Resolution For any Claim subject to,but not resolved by mediation pursuant to Article 15 of AIA Document A201-2017,the method of binding dispute resolution shall be as follows: (Paragraphs deleted) X Litigation in a court of competent (Paragraphs deleted) jurisdictions ARTICLE 13 TERMINATION OR SUSPENSION § 13.1 Termination Prior to Execution of the Guaranteed Maximum Price Amendment § 13.1.1 If the Owner and the Construction Manager do not reach an agreement on the Guaranteed Maximum Price,the Owner may terminate this Agreement upon not less than seven days' written notice to the Construction Manager,and the Construction Manager may terminate this Agreement,upon not less than seven days'written notice to the Owner. § 13.1.2 In the event of termination of this Agreement pursuant to Section 13.1.1,the Construction Manager shall be compensated for Preconstruction Phase services and Work performed prior to receipt of a notice of termination,in accordance with the terms of this Agreement.In no event shall the Construction Manager's compensation under this Section exceed the compensation set forth in Section 5.1. § 13.1.3 Prior to the execution of the Guaranteed Maximum Price Amendment,the Owner may terminate this Agreement upon not less than seven days'written notice to the Construction Manager for the Owner's convenience and without cause,and the Construction Manager may terminate this Agreement,upon not less than seven days'written notice to the Owner, for the reasons set forth in Article 14 of A201-2017. § 13.1.4 In the event of termination of this Agreement pursuant to Section 13.1.3, the Construction Manager shall be equitably compensated for Preconstruction Phase services and Work performed prior to receipt of a notice of termination, In no event shall the Construction Manager's compensation under this Section exceed the compensation set forth in Section 5.1. § 13.1.5 If the Owner terminates the Contract pursuant to Section 13.1.3 after the commencement of the Construction Phase but prior to the execution of the Guaranteed Maximum Price Amendment,the Owner shall pay to the Construction Manager an amount calculated as follows, which amount shall be in addition to any compensation paid to the Construction Manager under Section 13.1.4: .1 Take the Cost of the Work incurred by the Construction Manager to the date of termination; .2 Add the Construction Manager's Fee computed upon the Cost of the Work to the date of termination at the rate stated in Section 6.1 or,if the Construction Manager's Fee is stated as a fixed sum in that Section,an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion;and .3 Subtract the aggregate of previous payments made by the Owner for Construction Phase services. § 13.1.6 The Owner shall also pay the Construction Manager fair compensation,either by purchase or rental at the election of the Owner, for any equipment owned by the Construction Manager that the Owner elects to retain and that is not otherwise included in the Cost of the Work under Section 13.1.5.1.To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders(including rental agreements),the Construction Manager shall,as a condition of receiving the payments referred to in this Article 13,execute and deliver all such papers and take all such steps,including the legal assignment of such subcontracts and other contractual rights of the Construction Manager,as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such subcontracts or purchase orders.All Subcontracts,purchase orders and rental agreements entered into by the Construction Manager will contain provisions allowing for assignment to the Owner as described above. § 13.1.6.1 If the Owner accepts assignment of subcontracts,purchase orders or rental agreements as described above,the Owner will reimburse or indemnify the Construction Manager for all costs arising under the subcontract,purchase order or rental agreement, if those costs would have been reimbursable as Cost of the Work if the contract had not been terminated. If the Owner chooses not to accept assignment of any subcontract,purchase order or rental agreement that would have constituted a Cost of the Work had this agreement not been terminated,the Construction Manager will terminate the subcontract,purchase order or rental agreement and the Owner will pay the Construction Manager the costs necessarily incurred by the Construction Manager because of such termination. AIA Document A133—2019.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," In it. "AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks of The American Institute of Architects.This document was produced at 13:38:21 ET 19 on 0510912023 under Order No.4104238628 which expires on 1212812023,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents"Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (877676601) § 13.2 Termination or Suspension Following Execution of the Guaranteed Maximum Price Amendment § 13.2.1 Termination The Contract may be terminated by the Owner or the Construction Manager as provided in Article 14 of AIA Document A201-2017. § 13.2.2 Termination by the Owner for Cause § 13.2.2.1 If the Owner terminates the Contract for cause as provided in Article 14 of AIA Document A201-2017,the amount,if any,to be paid to the Construction Manager under Article 14 of AIA Document A201-2017 shall not cause the Guaranteed Maximum Price to be exceeded,nor shall it exceed an amount calculated as follows: .1 Take the Cost of the Work incurred by the Construction Manager to the date of termination; .2 Add the Construction Manager's Fee,computed upon the Cost of the Work to the date of termination at the rate stated in Section 6.1 or,if the Construction Manager' Fee is stated as a fixed sum in that Section,an amount that bears the same ratio to that fixed-sum Fee as the Cost of the Work at the time of termination bears to a reasonable estimate of the probable Cost of the Work upon its completion; .3 Subtract the aggregate of previous payments made by the Owner;and .4 Subtract the costs and damages incurred,or to be incurred,by the Owner under Article 14 of AIA Document A201-2017. § 13.2.2.2 The Owner shall also pay the Construction Manager fair compensation,either by purchase or rental at the election of the Owner,for any equipment owned by the Construction Manager that the Owner elects to retain and that is not otherwise included in the Cost of the Work under Section 13.2.2.1.1.To the extent that the Owner elects to take legal assignment of subcontracts and purchase orders (including rental agreements),the Construction Manager shall,as a condition of receiving the payments referred to in this Article 13,execute and deliver all such papers and take all such steps,including the legal assignment of such subcontracts and other contractual rights of the Construction Manager,as the Owner may require for the purpose of fully vesting in the Owner the rights and benefits of the Construction Manager under such subcontracts or purchase orders. § 13.2.3 Termination by the Owner for Convenience If the Owner terminates the Contract for convenience in accordance with Article 14 of AIA Document A201-2017,then the Owner shall pay the Construction Manager a termination fee as follows: (Insert the amount of or method for determining the fee, if any,payable to the Construction Manager following a termination for the Owner's convenience) 5.25%fee plus all Direct Costs&Reimburasbles incurred,including termination costs incurred. § 13.3 Suspension The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2017; in such case,the Guaranteed Maximum Price and Contract Time shall be increased as provided in Article 14 of AIA Document A201-2017, except that the term"profit" shall be understood to mean the Construction Manager's Fee as described in Sections 6.1 and 6.3.5 of this Agreement. ARTICLE 14 MISCELLANEOUS PROVISIONS § 14.1 Terms in this Agreement shall have the same meaning as those in A201-2017.Where reference is made in this Agreement to a provision of AIA Document A201•-2017 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. § 14.2 Successors and Assigns § 14.2.1 The Owner and Construction Manager,respectively,bind themselves,their partners,successors,assigns and legal representatives to covenants,agreements,and obligations contained in the Contract Documents.Except as provided in Section 14.2.2 of this Agreement,and in Section 13.2.2 of A201 2017,neither party to the Contract shall assign the Contract as a whole without written consent of the other.If either party attempts to make an assignment without such consent,that party shall nevertheless remain legally responsible for all obligations under the Contract. §14.2.2 The Owner may,without consent of the Construction Manager,assign the Contract to a lender providing construction financing for the Project,if the lender assumes the Owner's rights and obligations under the Contract Documents. The Construction Manager shall execute all consents reasonably required to facilitate the assignment. Init. AIA Document A133—2019.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks of The American Institute of Architects.This document was produced at 13:38:21 ET 20 on 05/09/2023 under Order No.4104236626 which expires on 12/28/2023,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (877676601) § 14.3Insurance and Bonds § 14.3.1 Preconstruction Phase The Construction Manager shall maintain the following insurance for the duration of the Preconstruction Services performed under this Agreement. If any of the requirements set forth below exceed the types and limits the Construction Manager normally maintains,the Owner shall reimburse the Construction Manager for any additional cost. § 14.3.1.1 The insurance limits for commercial General Liability,Automobile Liability,Workers' Compensation,and Professional Liability shall be as follows: Type of insurance Limit of liability Worker's Compensation: a) State: Idaho Statutory b) Applicable Federal Statutory c) Employer's Liability $100,000 Per Accident $500,000 Disease,Policy Limit $100,000 Disease,Each Employee Comprehensive or Commercial General Liability: a) Bodily Injury and Property Damage: $1,000,000 Each Occurrence $2,000,000 Aggregate b) Products and Completed Operations: $2,000,000 Aggregate c) Property Damage Liability Insurance shall provide X,C,U Coverage (explosion,collapse,and underground damage) Personal Injury: $1,000,000 Occurrence $2,000,000 Aggregate Business Automobile Liability(including: owned,non-owned and hired vehicles): a) Combined Single Limit: $1,000,000 Each Accident Professional Liability $1,000,000 § 14.3.1.2 Additional Insured Obligations.To the fullest extent permitted by law,the Construction Manager shall cause the primary and excess or umbrella polices for Commercial General Liability and Automobile Liability to include the Owner as an additional insured for claims caused in whole or in part by the Construction Manager's negligent acts or omissions.The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies and shall apply to both ongoing and completed operations. § 14.3.1.3 The Construction Manager shall provide certificates of insurance to the Owner that evidence compliance with J the requirements in this Section 14.3.1. (Paragraphs deleted) (Table deleted) (Paragraphs deleted) § 14.3.2 Construction Phase After execution of the Guaranteed Maximum Price Amendment,the Owner and the Construction Manager shall purchase and maintain insurance as set forth in AIA Document A133TM-2019, Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price, Exhibit B,Insurance and Bonds,and elsewhere in the Contract Documents. § 14.3.2.1 The Construction Manager shall provide 100%Payment and Performance Bonds,based on the value of the Guaranteed Maximum Price In it. "AIA," Document A133—2019.Copyright©1991,2003,2009,and 2019.All rights reserved.'The American Institute of Architects,""American Institute of Architects," AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks of The American Institute of Architects.This document was produced at 13:38:21 ET 21 on 05/09/2023 under Order No.4104236626 which expires on 12/28/2023,is not for resale,is licensed for one-time use only,and may only be used in accordance 1 with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (877676601) § 14.4 (Paragraphs deleted) Other provisions: §14.4.1 The hourly billing rates for services of the Construction Manager are as follows: Employee or Category Rate Project Manager $110.00/Hour Superintendent $88.00/Hour Project Engineer $98.75/Hour Project Coordinator $74.00/Hour Carpenter $68/Hour (Paragraphs deleted) §14.4.2 Note:No design work by Kreizenbeck Constructors of any kind is included or implied in this agreement. §14.4.3 In the event of any controversy, claim,or action being filed or instituted between the parties to interpret or enforce the terms of this Agreement or arising from the breach of any provision hereof(whether in tort,contract,or otherwise),the prevailing party shall be entitled to receive from the other party reasonable attorneys' fees,court costs, expert witness fees and any other costs and expenses of such action and in any appeal there from. ARTICLE 15 SCOPE OF THE AGREEMENT § 15.1 This Agreement represents the entire and integrated agreement between the Owner and the Construction Manager and supersedes all prior negotiations,representations or agreements,either written or oral.This Agreement may be amended only by written instrument signed by both Owner and Construction Manager. § 15.2 The following documents comprise the Agreement: .1 AIA Document A 133TM 2019,Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price .2 AIA Document A 133TM-2019,Exhibit A,Guaranteed Maximum Price Amendment,if executed .3 AIA Document A133TM-2019,Exhibit B,Insurance and Bonds .4 AIA Document A201TM-2017,General Conditions of the Contract for Construction .5 (Paragraphs deleted) This Agreement is entered into as of the day and year first written above. OWNER(Signature) CONSTRUCTION MANAGER(Signature) Keith Watts,CPPB/Procurement Manager Mike Berard,Manager (Printed name and title) (Printed name and title) Init. AIA Document A133—2019.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks of The American Institute of Architects.This document was produced at 13:38:21 ET 22 on 05/09/2023 under Order No.4104238628 which expires on 12/28/2023,is not for resale,is licensed for one-time use only,and may only be used in accordance / with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (877676601) Attachment A Reimbursable Expense Matrix Kreizenbeck Constructors - Reimbursable Expenses Included Reimbursable in Fee Expenses Office Personnel President x Construction Manager x Estimating x Contract Administrator x Accounting x Administrative Assistant x Direct Reimbursables Project Manager x Superintendent x Project Engineer x Assistant Superintendent/Foreman x Project Coordinator x Carpenter x General Liability Insurance x Professional Liability Insurance x Payment and Performance Bonds x Permits/Fees x Small Tools&Fasteners x Misc. General Conditions x Layout, Engineering&Surveying x Administrative-Printing Costs x Bid Expense(Inc. Printing) x Federal Express/Mailing x Temporary Power x Temporary Electricity x Temporary Lighting x Temporary Water x Temporary Toilet x Temporary Heat/Winter Conditions x Temporary Phone&Internet x Temporary Fire Protection x Safety x First Aid Supplies x Temporary Fencing/Barricades x Traffic Control x Security x NOI/SWPPP/Erosion Control x Project Sign x Job Office(with Mob/De-mob) x Job Office Supplies x Final Clean-up x Progressive Clean-up x Trash Haul-Off x Close-out,Warranty, O&M Manuals x Commissioning x Other Reimbursables as Needed x E IDIAN --- AGENDA ITEM ITEM TOPIC: Agreement with Western States Equipment Company to sponsor the Mini Heavy Equipment Rodeo on June 7, 2023. Mayor Robert E. Simson W IDIA N r--'- City Council Memberx Joe Borton John Overton Liz Strader Jessica Perreault ID Public Works ' H (o Brad Hoaglun Luke Cavener Department TO: Mayor Robert E. Simison Members of the City Council FROM: David Briggs, P.E., P.M.P. DATE: May 8, 2023 SUBJECT: MINI HEAVY EQUIPMENT RODEO AGREEMENT WITH WESTERN STATES EQUIPMENT COMPANY FOR PUBLIC WORKS WEEK EXPO 2023 REQUESTED COUNCIL DATE: May 23, 2023 L RECOMMENDED ACTION A. Move to: 1. Approve the License and Indemnity Agreement with Western States Equipment Company for 2023 Public Works Week Mini Heavy Equipment Rodeo 2. Authorize the Mayor to sign the agreement II. DEPARTMENT CONTACT PERSONS Dean Stacy, Public Works Expo Chair 208-489-0386 David Briggs, Public Works Expo Co-Chair 208-489-0347 Susie Deardorff, Public Works Committee Member 208-489-0361 III. DESCRIPTION A. Back rg ound For the past seven years of Public Works Week, the Mini Heavy Equipment Rodeo has been a focal point of the Public Works Week Expo. This year,we are working primarily Page I of 2 with Western States Equipment Company to keep the tradition alive by having a Mini Heavy Equipment Rodeo at the Expo. IV. IMPACT A. Strategic Impact: The City Hall east parking lot will be closed for the Expo and the mini heavy equipment rodeo. The rodeo will take place in the center of the parking lot and will be roped off using traffic cones and caution tape.The equipment will be live and operational,so it can be quickly moved, if necessary. B. Fiscallmpact: License and Indemnity Agreement V. ALTERNATIVES A. The City could choose not to sign the License and Indemnity Agreement with Western States Equipment Company; this will prevent the Mini Heavy Equipment Rodeo at City Hall. VL TIME CONSTRAINTS A. Council's approval will allow for the timely return of the signed license agreement to Western States Equipment Company. This will allow Western States Equipment Company to prepare properly for the Mini Heavy Equipment Rodeo. VII. LIST OF ATTACHMENTS A. License and Indemnity Agreement(Rodeo) Approved for Council Agenda: Page 2 of 2 LICENSE AND INDEMNITY AGREEMENT WITH WESTERN STATES EQUIPMENT COMPANY FOR 2023 PUBLIC WORKS WEEK MINI HEAVY EQUIPMENT RODEO This LICENSE AND INDEMNITY AGREEMENT WITH WESTERN STATES EQUIPMENT COMPANY FOR 2023 PUBLIC WORKS WEEK MINI HEAVY EQUIPMENT RODEO is made this 23rd day of May , 2023 ("Effective Date"), by and between Western States Equipment Company whose address is 500 E Overland Road, Meridian, Idaho ("Licensee"), and the City of Meridian, Idaho, a municipal corporation organized under the laws of the State of Idaho ("City"), whose address is 33 E. Broadway Ave., Meridian, Idaho. WHEREAS, City is hosting an event at the Meridian City Hall Plaza on June 7, 2023 to celebrate Public Works Week; and WHEREAS, as part of the Public Works Week celebration, Licensee is sponsoring a mini heavy equipment rodeo activity in the City Hall east parking lot(referred to herein as the "Property"); and WHEREAS,the City of Meridian is willing to allow Licensee a limited license to use Property for this purpose; NOW THEREFORE, in consideration of the recitals and mutual covenants, agreements, and inducements contained herein, the parties hereby agree as follows: L SCOPE OF LICENSE GRANTED BY CITY. A. Scope of use. Licensee's use and occupancy of the Property shall be limited to activities associated with the mini heavy equipment rodeo, specific activities include the following: Up to two mini excavators will be on site for the public to test their skills at operation of the equipment in a competition setting. The setup will include picking up and moving a plastic bucket filled with water with the bucket and arm of the excavator. The area of operation will be delineated with traffic candles and caution tape for public safety. B.Participant Waiver and Release Required. Licensee shall have each participant execute the "Release and Waiver of Liability Agreement"in form and content substantially similar to that set forth in Exhibit A hereto and incorporated herein. C. Term of license. The term of this Agreement shall be from 4 p.m. to 7 p.m. on June 7, 2023, along with sufficient time to set up and tear down immediately before and after this time period. IL INDEMNIFICATION; INSURANCE. A. Indemnification. In consideration of Licensee's fee-free access to and use of Property, Licensee shall, and hereby does, indemnify and save and hold harmless City from and for any and all losses; claims; actions;judgments for damages; injury to its members, agents, invitees, volunteers, contractors, officials, officers, guests, employees, other persons, or property; and/or losses and expenses caused or incurred by Licensee, and not caused by or arising out of the LICENSE AND IDEMNITYA GREEMENT Page I of 5 tortious conduct of City of Meridian, which are directly attributable to Licensee's operation of the mini heavy equipment rodeo, as described in Section I.A. Licensee acknowledges that accessing or using Property carries risks, some of which are unknown, and assumes these and any and all other known and unknown risks and hazards of such activity and any activity related thereto. Licensee forever waives and releases, on behalf of itself, its members, its agents, its employees, and their heirs, executors, administrators, assigns, and/or personal representatives, any and all claims and/or rights for damages Licensee and its members, agents, invitees, volunteers, contractors, officials, officers, guests, employees now has or may hereafter have against the City of Meridian and/or its employees, elected officials, agents, guests, and/or business invitees, suffered in connection with or arising out of Licensee's access to and use of City facilities and/or any activity related thereto and not caused by or arising out of the negligence, misconduct, or tortious conduct of the City of Meridian or its employees. B.No coverage provided. Licensee acknowledges that the City of Meridian shall not provide for Licensee or for its members, agents, invitees, volunteers, contractors, officials, officers, guests, employees, any insurance or coverage of any kind, whether financial, medical, property, or otherwise, for any accidents, injuries, deaths, illnesses, losses, or damages that result during or arise out of Licensee's actions or omissions hereunder and/or any activity related thereto. C. Licensee to maintain insurance. Licensee shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, and upon each and every occasion on which Licensee uses the Property hereunder, liability insurance in which the City of Meridian shall be named additional insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City, and if City becomes liable for an amount in excess of the insurance limits herein provided, Licensee covenants and agrees to indemnify and save and hold harmless City from and for any and all such losses, claims, actions, or judgments for damages or liability to persons or property. Licensee shall provide the Clerk City with a Certificate of Insurance or other proof of insurance evidencing Licensee's compliance with the requirements of this paragraph. In the event the insurance minimums of the Idaho Tort Claims Act are changed, Licensee shall immediately submit proof of compliance with the changed limits. D.Waiver. Licensee and its members, agents, invitees, volunteers, contractors, officials, officers, guests, employees waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Licensee's use of City's Property, whether such loss or damage may be attributable to known or unknown conditions, except for liability caused by or arising out of the negligence, misconduct, or tortious conduct of the City of Meridian or its employees. E.As-is condition. The City makes no warranty or promise as to the condition, safety, usefulness, or habitability of the premises of the Property; Licensee accepts same as-is, both at the effective date of this agreement and at the time and for the purpose of each event and activity specified herein. LICENSE AND IDEMNITYA GREEMENT Page 2 of 5 F. Good faith. Licensee will utilize the Property in a manner that will best conserve the current condition of the Property. Ill. GENERAL PROVISIONS. A.Alterations, improvement to real property.Licensee shall not make, or permit to be made, alterations to or improvements to Property without first obtaining City's written consent. B.Relationship of Parties. Licensee and its members, agents, invitees, volunteers, contractors, officials, officers, guests, and employees are not independent contractors nor employees, agents, joint venturers, or partners of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Licensee and City or any official, agent, or employee of City; or between any of Licensee's members, agents, invitees, volunteers, contractors, officials, officers, guests, employees, and the City or any official, agent, or employee of City. C. Termination. If, through any cause, Licensee fails to comply with the terms of this Agreement, violates any of the covenants, agreements, and/or stipulations of this Agreement, or of any other applicable law, ordinance, regulation, or policy, and/or engages in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement, City may immediately terminate this Agreement without the necessity of providing written notice to Licensee of such termination. Notice of for-cause termination shall be effective immediately upon verbal notification by City. D.No waiver. City's waiver on one or more occasion of any breach or default of any term, covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach or default of the same or a different term, covenant or condition, nor shall such waiver operate to prejudice, waive, or affect any right or remedy City may have under this Agreement with respect to such subsequent default or breach by Licensee. E.Notices.Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed by United States Mail, certified, return receipt requested, addressed as follows: City: City of Meridian Public Works Department 33 E.Broadway Avenue Meridian, Idaho 83642 Licensee: Western States Equipment Company 500 E Overland Rd Meridian, ID 83642 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. F. Compliance; no discrimination. In undertaking activities under or related to this Agreement, Licensee shall comply in all respects with all applicable laws, ordinances, regulations,policies, agreements, and requirements, and further shall not discriminate against LICENSE AND IDEMNITYA GREEMENT Page 3 of 5 any person on the basis of race, color,religion, sex,national origin or ancestry, age or disability. G. Entire Agreement. This Agreement contains the entire agreement between the parties and supersedes any and all other agreements or understandings, oral of written,whether previous to the execution hereof or contemporaneous herewith. H. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorney and/or has received the opportunity to seek such advice. I. Applicable law.The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. 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. LICENSEE: Western States Equipment Company 4—fV,1� Jesikah Luangaphay VP, Finance CITY OF MERIDIAN: Robert E. Simison, Mayor 5-23-2023 Attest: Chris Johnson, City Clerk 5-23-2023 LICENSE AND IDEMNITYA GREEMENT Page 4 of 5 EXHIBIT A RELEASE AND WAIVER OF LIABILITY AGREEMENT With respect to participation in the 2023 City of Meridian Public Works Exposition Equipment Rodeo: I hereby voluntarily release, forever discharge, and agree to defend, indemnify and hold harmless the City of Meridian and Western States Equipment Company (the "Company") and their respective owners, agents, employees, officers, directors, affiliates, successors, and assigns ("Released Parties"), jointly and individually from any and all liability, damage, expense, causes of action, suits, claims or judgments, arising from injury, damage or loss, or claims of injury, damage or loss,to me or my personal property arising from or in any way related to my participation in any activities or events sponsored or conducted by Company, including any such claims that allege the negligent acts or omissions of the Released Parties. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Company,or the employees,representatives or agents of Company. If the participant is a minor(under the age of 18),I agree that this Release is made on behalf of that minor participant and that all of the releases, waivers, and promises herein are binding on that minor participant. I represent that I have full authority as parent or legal guardian of the minor participant to bind the minor participant to this Release,and further agree to defend,indemnify and hold harmless the Released Parties from any and all claims or suits for personal injury,property damage or otherwise which are brought by, or on behalf of the minor, and which are in any way connected with the minor's participation in the activity or event,including injuries or damages caused by the negligence of the Released Parties. I understand that participation in activities may cause serious or grievous injuries,including bodily injury,damage to personal property and/or death. I certify that I know of no medical problems that would increase my risk of illness or injury as the result of the activities. I assume any risk,and take full responsibility and waive any claims of personal injury,death or damage to personal property associated with the activities. I have read and understand the foregoing statements and voluntarily sign this Release with full knowledge of its significance. I agree that this Release is intended to be as broad and inclusive as is permitted by the law of the state of Idaho,and that if any portion hereof is held invalid,it is agreed that the balance shall,notwithstanding,continue in full legal force and effect. Participant: Date of Birth: Age: Signature (parent or legal guardian ifparticipant is a minor) Printed Name Date: LICENSE AND IDEMNITYA GREEMENT Page 5 of 5 LICENSE AND INDEMNITY AGREEMENT with Western States Equipment 05-04-23 Final Final Audit Report 2023-05-08 Created: 2023-05-08 By: Fallon Urquhart(Fallon.Urquhart@wseco.com) Status: Signed Transaction ID: CBJCHBCAABAAXxnxE88GQ17HjOoNcKzuGL_4ajDBVQku "LICENSE AND INDEMNITY AGREEMENT with Western States Equipment 05-04-23 Final" History Document created by Fallon Urquhart (Fallon.Urquhart@wseco.com) 2023-05-08-7:33:54 PM GMT-I address: 134.238.191.71 Document emailed to Jesikah Luangaphay(Jesikah.Luangaphay@wseco.com)for signature 2023-05-08-7:34:59 PM GMT Email viewed by Jesikah Luangaphay (Jesikah.Luangaphay@wseco.com) 2023-05-08-8:19:42 PM GMT-I address:206.204.15.73 Document e-signed by Jesikah Luangaphay(Jesikah.Luangaphay@wseco.com) Signature Date:2023-05-08-8:20:04 PM GMT-Time Source:server-IP address: 134.238.191.71 Agreement completed. 2023-05-08-8:20:04 PM GMT Q Adobe Acrobat Sign E IDIAN --- AGENDA ITEM ITEM TOPIC: Quitclaim Deed from City of Meridian to City of Meridian C��fIEN MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Emily Kane, Deputy City Attorney Meeting Date: May 23, 2023 Presenter: Bill Nary, City Attorney Estimated Time: 2 minutes Topic: Quitclaim Deed from City of Meridian to City of Meridian Recommended Council Action: Approve the agreement and authorize the Mayor's signature. Background: Public Storage owns and operate a storage facility on the property immediately to the east of the Wastewater Resource Recovery Facility,between the WRRF and Ten Mile Road. Additionally,the City owns 40.9 acres of land north of the WRRF, with an access road connecting that property to Ten Mile. The access road runs along the north side of the Public Storage parcel. Public Storage has purchased another parcel, immediately to the north of its existing parcel. It intends to apply for a property boundary adjustment and expand its property and storage facility northward, onto this parcel. The City's existing access road to its 40-acre parcel currently separates Public Storage's existing parcel and the new parcel. In order to facilitate Public Storage's property boundary adjustment and expansion, the City has agreed to move its access road to the north side of the new Public Storage parcel. Public Storage will build the new road, and will provide an easement to the City across its new parcel while the new road is being constructed. The easement will be located where the current access road is, and will extinguish after construction of the new road. This process requires a number of steps in order to accomplish these objectives and maintain a clear title for each of the reconfigured parcels. The highlighted document relates to the document to which this memo is attached. 1. Quitclaim deed from Public Storage to City, conveying the new access road. 2. Quitclaim deed from City to Public Storage, conveying the existing access road. 3. Quitclaim deed from City to City, recording ownership and updated legal description of the City's 40-acre parcel with the new road. 4. Quitclaim deed from Public Storage to Public Storage, recording ownership and updated legal description of Public Storage's property without the City's current access road. S. Easement from Public Storage to City, providing City access to its 40-acre parcel via the current road until Public Storage completes construction of the new road. All of these documents are provided for City Council review and approval. Quitclaim Deed nos. 1 and 4 do not require the Mayor's signature, but these documents are required to complete the transaction, and all five of these documents should be recorded, in the order set forth above. ADA COUNTY RECORDER Trent Tripple 2023-029704 BOISE IDAHO Pgs=5 VICTORIA BAILEY 05/24/2023 10:45 AM RECORDING REQUESTED BYAND CITY OF MERIDIAN, IDAHO NO FEE WHEN RECORDED RETURN TO: City Clerk City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 QUITCLAIM DEED FOR VALUE RECEIVED, the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose current address is 33 E. Broadway Avenue, Meridian, Idaho, ("Grantor"), does hereby convey,release, remise and forever quitclaim unto the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose current address is 33 E. Broadway Avenue, Meridian, Idaho ("Grantee"), the premises described on Exhibit A ("Property"), which is attached hereto and made a part hereof, together with all appurtenances relating to the Property. TO HAVE AND TO HOLD the said Property, unto the said Grantee, and Grantee's heirs and assigns, forever. DATED this 23rd day of May , 2023. GRANTOR: CITY OF MERIDIAN Attest: SEAL Robert E. Simi -, ayor Chris Jdhuson, Clt`y�.aN Jerk STATE OF IDAHO ) ): ss County of Ada ) On this 23rd day of May , 2023, before me, a Notary Public, personally appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument on of behalf of said City, and acknowledged to me that such persons 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. C HARLE N E WAY Cha&ycWM COMMISSION No. 67390 Notary Public for Idaho NOTARY PUBLIC Residing at Meridian , Idaho STATE OF IDAHO My Commission Expires: 3-28-2028 QUITCLAIM DEED PAGE I OF 5 EXHIBIT A D I A M O N D LEGAL DESCRIPTION LAND SURVEYING Friday, February 28, 2023 Project No.: 21-226-2 PARCEL 1 AS-SURVEYED DESCRIPTION A PART OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN CITY, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 34 AND RUNNING THENCE NORTH 0°52'50" EAST 122.86 FEET ALONG THE SECTION LINE AND THE CENTER LINE OF TEN MILE ROAD TO THE TRUE POINT OF BEGINNING; AND RUNNING THENCE NORTH 89°18'22" WEST 618.94 FEET; THENCE NORTH 58°37'30" WEST 174.31 FEET; THENCE NORTH 89°10'51" WEST 554.91 FEET TO A POINT ON THE SIXTEENTH SECTION LINE; THENCE SOUTH 0°48'05" EAST 212.59 FEET ALONG SAID SIXTEENTH SECTION LINE TO A POINT ON THE SECTION LINE; THENCE NORTH 89°16'49" WEST 1323.86 FEET ALONG SAID SECTION LINE TO THE CENTER OF SAID SECTION 34; THENCE NORTH 0°43'38" EAST 1323.46 FEET ALONG SAID SECTION LINE TO THE SIXTEENTH CORNER; THENCE SOUTH 89°06'25" EAST 1325.58 FEET ALONG SAID SIXTEENTH LINE TO THE SIXTEENTH CORNER; THENCE SOUTH 0°48'05" WEST 1081.86 FEET ALONG SAID SECTION LINE; THENCE SOUTH 89°10'51" EAST 561.75 FEET; THENCE SOUTH 58°37'30" EAST 174.28 FEET; THENCE SOUTH 89°18'22" EAST 612.16 FEET TO A POINT ON THE SECTION LINE AND THE CENTERLINE OF TEN MILE ROAD; THENCE SOUTH 0°52'50" WEST 25.00 FEET ALONG THE SECTION LINE AND THE CENTERLINE OF TEN MILE ROAD TO THE TRUE POINT OF BEGINNING CONTAINS 1,784,704 SQ. FT. OR 40.960 ACRES Prepared By: Nathan B Weber, PLS Diamond Land Surveying I www.diamondlandsurveying.com NORTHEAST QUARTER of SECTION M. 27 VOLTERRA HEIGHTS VOLTERRA HEIGHTS (FOUND 2"FLAT28MASS1 CAP- 34 35 RECOR /BWNDARY UNE AD USTMENT SUBDIVISION NO.04 SUBDIVISION NO.03 OReF 016-064 O TEN MILE O —T— ��w r —' T T T'` e PUBLIC STORAGE 5 0 43 421 2 9 71 L / ©� L'J ® 1 o 11 12 13 14 i s i 6 n LOT 4e BLACK CAT-MERIDIAN BLK 0 LOT OS Nlz MILK Ot ry 1F1s sr WARS FR OFE AIERIU MERIDIAN LOT 1 77 TALC BLK 09/BLK 09 BLOT 01 LK OBI BLK 09 B�K 09 > BLK Cl ELF OT 7 ITs1 BLK 01 BLK Ol ELK 0LO 3 BLN 0T 11 IT ?ELK Ot BLK OLI B LIT 1OLT OB1 BLK 0B1 BLK 01 (FOUND t.RS U sz TONN MERIDIAN ClN.AOA COUNTY,IDAHO CE 1/1CORNER sue" R t .SBA -F 2020-1 067) (FOUND sea os as FinOoz PR FTV ONH r 1c AS130J •nr u,one oR "22017-t1 t/ yRcoD mcw axr au aa�e moon rsxr rs,nie moon rzxr ra erne man rar u rz�s AND C P ISO 51998) 1 Ro727—))—)) ) ew(0(R907275row) a.(R00721-0) n(Rao 7AaHo) SD4341 z.235% uc(R90 U 7o-C(Rao7nmzlro) MEE, KEVIT oCHORso72—MA Ii 1112 a021) c.(R9o7z7w22o) 11 A DR— 1a slANP.xATH�cFxCn D-7997z 27amso) LEGEND Q I.o • �w„r��,. 8 SO434142125 K 8 RASSVUSSE\, W w 3 BRENT z.nan cem. -' PARCEL 1 '$ W " CITY OF MERIDIAN 1,784,257,704 SO.FT. b 40.960 ACRES � GRAPHIC SCALE --— _ 100 50 100 200 1"(INCH)-1. (FEET) 50434142020 BOWMAN, LARRY D. pN��QS /21/23 ryI 17793 I NAN B.WEetc ELK BUGLE LANE 217,611 g PARCEL � 4.9951R I AST QUARTER CORNER OF 34 34 Fwxou uw Rmaw Ro cw >w (OUND ALL1.CAP-CRSF(112037532) NTER of seenon 34, aR��` w \\ N @49 W 19R Fau.o xeEasv j 39 3355 ♦1ti— -1 ro T4 (Cl 1/1O CORNER SHEET 1 OF crs eFaj 50434417605 FWReo i .IBA SO434417753 �SI-TM2 TALC SO434417450 DIAMOND z1 zs z _ CITY OF MERIDIAN \\ SI-TM2 TALC " z LAND SURVEYING nF o-ND1I 26-9 IE INETTEN MLEPUBLCSORAGE LOCATED IN TFE NORTHEAST QUARTER OF E EGER NA34 TQNNSHIR 4 NORTH,RANGE,N T, BoSMERIDIAN CITY ADA COUNTY IDAHO NORTr1EA5T QUARTER OF SECTON 34' 21 25 (FOUND CReF 2016-o6416) 34 35 E QE,/,6 DQRNER --a -- -- -- -- (FOUND 2' NNUN E 1/t6 NNER -- -- -- -- -- (FG NO F aT eRan CAR Cp.F (FCI._ 2CD ALON NON Q R 2017-116 30) - F 2020-051996) Cv&F 2020-162067) €0 50434149 a Q VAST PROPERTIES LLC B Woof r BOWMAN,LARRY ao _ a _zS� SJ S043 41 41 9 5 5 o W N.'1.1'w 5549r LITTLE,.LAMES ELK BUGLE LANE (DIRT Row) S PARCEL 1 PARCEL 22'w SBB°,S'2PE 612.,6' CITY OF MERIDIAN TEN MILE PUBLIC w 1.784.257.704 SO.FT. STORAGE W 40.960 ACRES N6B'13'?2'W 616.&' 24.995 SO. S PARCEL 2 z5_ar 4.995 ACRES 5043INWE1 ® —INAL vnxcET ux PS MOUNTAIN WEST LLC 0 w 34 34 _ _ _ 25.Ov se.02' CENTER 34 34 34 rvc R�NBB°,6'48'W,274.]6' — — 34 35 '. E t/t ORNEx ery sis as w zs4]7'�1uE.su Fx oT 34 35 EAST GµARTER CORNER of SECTION 34. IFIND eewesea) ffANDA psCp F N� 4N zoj 50434417201 i.: .F.,�,.xo,9_,0�. W (FOUND AwN.CAv-WkF n203]532) PS MOUNTAIN WEST LLC ev SO434417450 SI-TM2 LTC I oN��DSG y 6 ENB�L r AGLLSTMFNT N0.1 R R-6-QUIT C 1.DIED NO,2D2-Da nu 1]]93 RRATl ———— -- courv,v,ionn0 ns snsm. "Tsr,RwsF NnsF nxN.FNiNiuy non GRAPHIC SCALE too 50 100 200 _ o Fa.d�w�,.�•�••� F SHEET 2 OF 3 _PTON OR CN SU" r DDR:E S ERE ND�Ex�AS DEPIC-ON THIS ,•(INCH)-100 (FEET) 11 D I A M O N D 21-226-2 LAND SURVEYING se =I�DasMnF Ph-P(H 266 9 DEED DsscR PTR TEN Miff oUBLICNESTORAGE PARCEL 1(clTv MERIDIAN PROPERTY)SO131131201 RECORD No.1022F045382 LOCATD W FE NORTHEAST QUARTR OSES1 A34 TOWNSHIP 4 NORTH.RANGE 1 WEST, PARCEL LOCATED IN THE S 1/2 OF THEE 1/4 OF SECTOR 34,TOWNSHIP 4 IORTH,RANGE 1 WEST,BOISE MERIDIAN CITY,ADA COUNTY,IDAHO MR DIN.ADA COUNTY,IDAHO.MINE PARTICULARLY DESCRIBED AS FOLLOWS: ....ENCN'AT A'MASS CA' HE SOUTHEASTERLY s t/2 0 E t/4. AS-suRVFVFO DFSCR Pi Orvs TIE N-1-TERLYCORNE' NE FEET, INNER A C BE B PARCEL 1-CITY OF MERIDIAN FL NCE N 89 DISTANCE W ALOIC FA6 SOUTHERLY BOUNDARY OF SAID 1/2 OF THE NE 1/4 A DISTANCE OF 49.00 NORTHEAST QUARTER OF SECTION 34,TO RF,RANGE t WEST,BOISE MERIDIAN.MERIDIAN CITY, FEET TO A 5/3"DIAMETER IRON PIN,SAID POINT BEING THE POINT OF BEGINNING, ADAFENCE CONTNUING N 89'16'49"W A DISTANCE OF 2598.�3 FEET TO A 5/8 INCH DIAMETER IRON PIN MARKING DST QUARTER CORN RF IF SAID SECTONDJ4 AND RUNNING THENCE NORTH O'SY50'EAST 122.86 FEET THE SOUTHWESTERLY CORNER OF SAID s 1/2 OF THE NE 1/4; A TEN MILE ROAD TO THE TNUE POINT OF BEGINNING AND RUNNING TLENCE I-'�E ALONG THE WESTERLY BOUNDARY OF SAID S FEET TO AN ALUMINUM CAP MONUMENT MARKING THE NORTHEASTERLY2COR OF RE OF S NE AID s I4 A D/2 DISTANCE IF F NE 1/46 THENCE ENCE NORTH 58'3T30'WEST FEET;61]4.31 FEET; THENCE NORTH B9't0'S1'WEST 554.91 FEET TO A POINT ON THE SIXTEENTH SECTION LINE; 1325.59 FEET TO A 5/8 INCH DIAMG IF ETER�RONYPIN MANKIND THE BOUNDARY OF ANORTHID C EASTERLY2 OF ECRNE NE R OF 1 A DFE SWF1/4 OF THENEE LINE; NE 1/4 OF SAID SECTOR 34, ON 34. FENCE S O'4]'61"w LONG THE EASTERLY BOUNDARY OF SAID SW 1/4 OF THE RE 1/4 A DISTANCE OF 129A.45 IENIE FEET TO A 5/8 INCH DIAMETER IRON PIN, TO THE SIXTEENTH CORNER, CE 1214.20 FEET TO A 5/e INCH DIAMETER AILING SAID SECTION LINE, IRON PIN ON THE WESTERLY RIGHT-OF-WAY O N TEN MILE ROAD, FENCE SOUTH 89'BO'51WAST 15611.P5 FEET; 250 W ALONG SAID WESTERLY RIGHT-OF-WAY A DISTANCE OF 25.00 FEET TO THE POINT OF FENCE SOUTH 5B'3T30'EAST 174.28 FEET; N NO FLEICE TH 11'11'22"EAIT FEET TO A II IT ON THE LIE AN' THE 'ENTEIL ME IF TEN'I NPARCEL CONTAINS 40 ACRES N N EASEMENTS IS SUBJECT TO Y SEMEN EXISTING IN USE FIS .02 WEST 2S00 FEET ALONG THE SECTION LINE ND FE CENTERLINE OF TEN MILE ROAD TO THE TRUE POINT OF BEGINNING. RPARCEL ECORD NOP2021-1(0014 WEST LLD PROPERTY)50434141801 CONTAINS 1.784,704 SO.FT.OR 40,Ro ACRES SOUTHEASTFLE pUARTR OF THE NORTHEAST pUARTR OF SECTION 34 PARCEL 2-TN MILE PUBLIC STORAGE TOWNSHIP 4 1ORTH,RANGE 1 WEST,BOISE MERIDIArv.ADA COUNTY,IDAHO.AND MINE PARTICULARLY DESCRIBED As FDL- A PART OF THE NORTHEAST OUARTR OF SECTION 36,TO RF,RANGE 1 WEST,BOISE MERIDIAN,MERIDIAN CITY, lEl 11 NO AT A IN THE SECTION NE COMMON SECTOR AND 35 'IT 4 NORTH.RANGE 1 ADA CGUNLY CAHO MIKE PARICULARLY IBED AS LOTS 34 AND ER N,WHICH POINT IS 25.D9 FEET NORTH OF THHEESWARTER_TIONOCORNER CGMMON TO SAID A ST OUARSR CORN RE OFR SAO SCnON FOLLOWS; OF BEGINNING,AND RUNNING F PC PARALLNC'EL TOHT 8"4I ENCE�TH-2-SO-WEST 98H02 FEET ALONG SAID SECTION AND CENTER LINE; %T BOUNDARYFOF SAIDNSOUTHASTR OUARUR OF OF NRFAST OUA.DFERHOFOSECiA10NA36; - LINE OF TEN MILE ROAD. FLENCE NORTH 212.0 FEET, I ENCE DID TH C-52'SO-WEST FEET ALONG CA I R Y R CH WA TLENCE NORTH 89-40'EAST SK5.9 FEET, TLENCE NORTH 8916-WEST 1274.76 FEET TO A POINT ON TLE SIXTEENTH SECTOR LINE; FENCE SOUTH 59"19 AST 172.7 FEET, FLENCE MORI SOUTH 89'1B0'51EASTAIT 55659 FEE NG SAID SIXTEENTH SECTOR LINE, FLENEE NECHFNOR POINT 18440 FAST EET NORTH FOFT TO A POINT ON FLE QUARTER SECTOR CORON LINE NER COMMONMON TO lO S CTONT 34S 34 AND 35D 35. FLEIIE TH 5B'3T30 AST 174.31 FEET: TLENCE A FEET i0 THE P FLENCE 5OU TH 89-18-22-EAST 618.94 FEET TO SAID SECTOR AND CENTER LINE AND THE POINT OF BEGINNING. LESS AND ACEPTNC PLACE OF BEGINNING. CONTAINS 21761 ACRES s0.FT a 995 A sT QUARTER IF SECTION 34.TO ORF.RANGE 1 WEST,GUIDE CROA1 IT CH ANCAUNTY,DAHO, ME'RASM CAP CAP MARK NO FARININORT THEGoR RL OF SAID IF SAD A NORTH TER BEARS R. PARTICULARLY DESCRIBED AS FOLLOWS CERTFCATE OF suRv[vR 1,NATTAN B.WEBER,DO HEREBY CERTIFY THAT AM A LICENSED IR ISONAL LAND SURIYT I THE'TATE IF IDAHO, NDRTH 0-50"EAST A DISTANCE OF 2631.06 FEET AND THAT IS PLAT AS DESCRIED I THE-CENTFCATE OF .ERC�FIWAG DRAWN FRG.TH E FELD NOTES IF A'R'Y MADE ON FLE GROUND UNDER MY DIRECT SU PERISION AND ACCURATELY REPRESENTS E POINTS PLATTED THEREON AND NORTH THE POINT OF BEC_MGE E INIE A LONG ASTRLY BOUNDARY OF SAID NORTHEAST pUARTR A DISTANCE OF IS IN CONFORMITY WTH THE STATE OF IDAHO CODE RELATNG TO PLATS AND SURVEYS 25.Do F . . NOD G FENCE CONTNUING NORTH 05250 EST A DISTANCE OF 123.00 FEET TO A PONT, yO.�OEN850s FENCE LEAVING SAID EASTERLY BOUNDARY NORTH 8916 69 WEST A DISTANCE OF 69 CO FEET TO A POINT s 4 2/21/2 s FNCE SOUTH 05250 WEST A DISTANCE OF 123.00 FEET TO A POINT, NaTHAN B.WEBER,P.L.s LICENSE No.tn93 1"/183 THENCE SOUTH 89'16 49 AST A DISTANCE OF 49.00 FEET TO THE POINT OF BEGINNING. SHEET 3N OF 3 CERTIFICATE OF COUNTY RECORDER STATE OF IDAHO) COUNTY OF ADA)S.S. INSTRUMENT NO. - I HEREBY CERTIFY THAT THIS INSTRUMENT WAS FILED FOR RECORD AT THE REQUEST OF A MINUTES PAST O'CLOCK .M.ON THIS DAY OF 20 IN BOOK OF PLATS AT PAGES 11 D I A M O N D DEPUTY EX-OFFIGIO RECORDER LAND SURVEYING 6 �BU �ai5DasI mpg. . ��a(eD1�zssBD� E IDIAN --- AGENDA ITEM ITEM TOPIC: Quitclaim Deed from City of Meridian to PS Mountain West, LLC, doing business as Public Storage C��fIEN MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Emily Kane, Deputy City Attorney Meeting Date: May 23, 2023 Presenter: Bill Nary, City Attorney Estimated Time: 2 minutes Topic: Quitclaim Deed from City of Meridian to PS Mountain West, LLC, doing business as Public Storage Recommended Council Action: Approve the agreement and authorize the Mayor's signature. Background: Public Storage owns and operate a storage facility on the property immediately to the east of the Wastewater Resource Recovery Facility,between the WRRF and Ten Mile Road. Additionally,the City owns 40.9 acres of land north of the WRRF, with an access road connecting that property to Ten Mile. The access road runs along the north side of the Public Storage parcel. Public Storage has purchased another parcel, immediately to the north of its existing parcel. It intends to apply for a property boundary adjustment and expand its property and storage facility northward, onto this parcel. The City's existing access road to its 40-acre parcel currently separates Public Storage's existing parcel and the new parcel. In order to facilitate Public Storage's property boundary adjustment and expansion, the City has agreed to move its access road to the north side of the new Public Storage parcel. Public Storage will build the new road, and will provide an easement to the City across its new parcel while the new road is being constructed. The easement will be located where the current access road is, and will extinguish after construction of the new road. This process requires a number of steps in order to accomplish these objectives and maintain a clear title for each of the reconfigured parcels. The highlighted document relates to the document to which this memo is attached. 1. Quitclaim deed from Public Storage to City, conveying the new access road. 2. Quitclaim deed from City to Public Storage, conveying the existing access road. 3. Quitclaim deed from City to City, recording ownership and updated legal description of the City's 40-acre parcel with the new road. 4. Quitclaim deed from Public Storage to Public Storage, recording ownership and updated legal description of Public Storage's property without the City's current access road. S. Easement from Public Storage to City, providing City access to its 40-acre parcel via the current road until Public Storage completes construction of the new road. All of these documents are provided for City Council review and approval. Quitclaim Deed nos. 1 and 4 do not require the Mayor's signature, but these documents are required to complete the transaction, and all five of these documents should be recorded, in the order set forth above. ADA COUNTY RECORDER Trent Tripple 2023-029599 BOISE IDAHO Pgs=3 VICTORIA BAILEY 05/24/2023 08:15 AM RECORDING REQUESTED BYAND CITY OF MERIDIAN, IDAHO NO FEE WHEN RECORDED RETURN TO: City Clerk City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 QUITCLAIM DEED FOR VALUE RECEIVED, the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("Grantor"), does hereby convey,release, remise and forever quitclaim unto PS Mountain West, LLC, a limited liability company organized under the laws of the State of Delaware ("Grantee"), whose current address is 701 Western Avenue, Suite 200, Glendale, California, the premises described on Exhibit ("Property"), which is attached hereto and made a part hereof, together with all appurtenances relating to the Property. TO HAVE AND TO HOLD the said Property, unto the said Grantee, and Grantee's heirs and assigns, forever. DATED this 23rd day of May , 2023. GRANTOR: CITY OF MERIDIAN Attest: (:> M c � SEAL Robert E. Simison, Mayor Chris Johnson, City Clerk STATE OF IDAHO ) ): ss County of Ada ) On this 23rd day of May , 2023, before me, a Notary Public, personally appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument on of behalf of said City, and acknowledged to me that such persons 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. -Uh ..& C HA R L E N E WAY Notary Public for Idaho COMMISSION No. 67390 Residing at Meridia ' , Idaho NOTARY PUBLIC My Commission Expires: 3-28-2028 STATE OF IDAHO QUITCLAIM DEED PAGE 1 OF 3 EXHIBIT A DIAMOND LEGAL DESCRIPTION LAND SURVEYING Friday, March 24, 2023 Project No.: 21-226-2 EXISTING ROADWAY BOUNDARY A PARCEL OF LAND SITUATED IN A PORTION OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY IDAHO, MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 34, MARKED BY AN ALUMINUM CAP MONUMENT AND RUNNING THENCE NORTH 89°16'49" WEST49.00 FEET ALONG THE SECTION LINE TO THE WESTERLY RIGHT-OF-WAY LINE OF TEN MILE ROAD AND THE TRUE POINT OF BEGINNING; THENCE NORTH 89°16'49" WEST 1274.76 FEET ALONG SAID SECTION LINE TO A POINT ON THE SIXTEENTH SECTION LINE; THENCE NORTH 0°48'05" EAST 25.01 FEET ALONG SAID SIXTEENTH SECTION LINE; THENCE SOUTH 89°16'48" EAST 1274.80 FEET TO SAID WESTERLY RIGHT-OF-WAY LINE; THENCE SOUTH 0°52'50" WEST 25.00 FEET ALONG SAID WESTERLY RIGHT-OF-WAY LINE TO SAID SECTION LINE AND THE POINT OF BEGINNING. CONTAINS 31,874 SQ. FT. OR 0.731 ACRES Prepared By: Nathan B Weber, PLS Diamond Land Surveying I www.diamondlandsurveying.com 2] 26 NORTHEAST QUARTER OF SECTGI 11 2 26 (FOUND 2-FLAT ALUMINUM CAP - CP&F 2016-0 4157) "-s w s 6snc zs e iszss s esoas.F�azssr e NE 1/1s CORNER __ __ __ __ __ __ __ __ __ __ __ _ �rouru 1/16 CORNER (F p`g0 2----)aoLUMINu P ry 1T16 CORNER vD z'AL InuM _ 8C" (FOUND 1.5-FLAT ALUMINUMNUM CAR 017-U_A) CPWF 2020-162os]) x is1s. 50434142O20 — — — — — — ——1 e BOWMAN,LARRY o o°' ¢ — — — — _ _ — _ SO434141955 •W o° SS3i0Nd LITTLE,JAMES n��, I � cl b Ge 4 ——_—— _ ———— — PARCEL 2 50434t 41801 PS MOUNTAIN WEST LLD o ow xc- 89°1 48' 12]O.Rry W 7. pgpg 34 39 132397 R of xo°48x�m- O> 34 39C nt C 1/1 »RI(uEnsUxeo) NeB'16ve'Wi2]a.M'olau § ELATE ROL OAN xes ie an w zsaT. edixxixo 39 35 :2 FAR (FOu�pN PeM 0 1 sEA �cIT rloH 34, GQz zD17-oa42a 7 1z0a7sw) 50434417201 49.00'J qN Rtw aM R "- PS MOUNTAIN WEST LL(: CAP C"'F 2020-162066) © E4 SURVEYOR'S CERTIFICATE I,NATH AN B.WEBER.CERTIFY THAT I AM A PROFESSIONAL LAND SURVEYOR AS PRESCRIBED UNDER THE LAWS OF THE STATE OF IDAHO AND THAT HOLD LICENSE N0. 17793.1 FURTHER CERTIFY THAT A LAND SURVEY WAS MADE OF THE PROPERTY DESCRIBED - BELOW,AN THE FINDINGS OF THAT SURVEY ARE AS SHOWN HEREON. -[] OVERALL ROADWAY DES CR PT ON mLEGEND tt m Z A PARCEL OF LAND SITUATED IN A PORTION OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 4 NORTH,RANGE 1 WEST,BOISE MERIDIAN,CITY OF MERIDIAN,ADA COUNTY 3 Q IDAHO,MORE PARTICULARLY DESCRIBED AS: p } wmrnr c,mv 1. , - W COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 34,MARKED By AN e r er J MINUM CAP MONUMENT AND RUNNING THENCE NORTH 69'16'49'WEST 49,00 FEET ALONG r .. GRAPHIC SCALE zZ0 THE SECTION LINE TO THE WESTERLY RIGHT-OF-WAY LINE OF TEN MILE ROAD AND THE +-� aenr sma,cw.s 80 40 80 160 K Y TRUE POINT OF BEGINNING; p HENCE NORTH 69'16'49'WEST 1274.76 FEET ALONG SAID SECTION LINE TO A POINT ON (INCH)= 80 (FEET) T THE SIXTEENTH SECTION LINE; 1' THENCE NORTH 0'48'05'EAST 25.01 FEET ALONG SAID SIXTEENTH SECTION LINE; THENCE SOUTH 8916'48'EAST 1274.80 FEET TO SAID WESTERLY RIGHT-OF-WAY LINE: SAID SECP ON LINE AND THE POINT OF BEGINNINGSA D WESTERLY RIGHT-OF-WAY LINE TO F.H.FFE BASS As snoxN. CONTAINS 31,874 SO.FT.OR 0.731 ACRES TC— RAN. wesT 6OIse Anse nND Me DIAN non y HA 1 1 E IDIAN --- AGENDA ITEM ITEM TOPIC: Quitclaim Deed from PS Mountain West, LLC, doing business as Public Storage, to City of Meridian C��fIEN MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Emily Kane, Deputy City Attorney Meeting Date: May 23, 2023 Presenter: Bill Nary, City Attorney Estimated Time: 2 minutes Topic: Quitclaim Deed from PS Mountain West, LLC, doing business as Public Storage, to City of Meridian Recommended Council Action: Review for information only and authorize City Clerk to record. Background: Public Storage owns and operate a storage facility on the property immediately to the east of the Wastewater Resource Recovery Facility,between the WRRF and Ten Mile Road. Additionally,the City owns 40.9 acres of land north of the WRRF, with an access road connecting that property to Ten Mile. The access road runs along the north side of the Public Storage parcel. Public Storage has purchased another parcel, immediately to the north of its existing parcel. It intends to apply for a property boundary adjustment and expand its property and storage facility northward, onto this parcel. The City's existing access road to its 40-acre parcel currently separates Public Storage's existing parcel and the new parcel. In order to facilitate Public Storage's property boundary adjustment and expansion, the City has agreed to move its access road to the north side of the new Public Storage parcel. Public Storage will build the new road, and will provide an easement to the City across its new parcel while the new road is being constructed. The easement will be located where the current access road is, and will extinguish after construction of the new road. This process requires a number of steps in order to accomplish these objectives and maintain a clear title for each of the reconfigured parcels. The highlighted document relates to the document to which this memo is attached. 1. Quitclaim deed from Public Storage to City, conveying the new access road (Mayor's signature not required; provided to City Council for review and information only; to be recorded by City with other documents). 2. Quitclaim deed from City to Public Storage, conveying the existing access road. 3. Quitclaim deed from City to City, recording ownership and updated legal description of the City's 40-acre parcel with the new road. 4. Quitclaim deed from Public Storage to Public Storage, recording ownership and updated legal description of Public Storage's property without the City's current access road. S. Easement from Public Storage to City, providing City access to its 40-acre parcel via the current road until Public Storage completes construction of the new road. All of these documents are provided for City Council review and approval. Quitclaim Deed nos. 1 and 4 do not require the Mayor's signature, but these documents are required to complete the transaction, and all five of these documents should be recorded, in the order set forth above. ADA COUNTY RECORDER Trent Tripple 2023-029580 BOISE IDAHO Pgs=3 CHE FOWLER 05/24/2023 08:05 AM CITY OF MERIDIAN, IDAHO NO FEE RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: Kimley-Horn&Associates Attn:Joe Dodson 1100 W. Idaho Street, Suite 210 Boise, ID 83702 QUITCLAIM DEED FOR VALUE RECEIVED,PS Mountain West, LLC, a limited liability company organized under the laws of the State of Delaware, whose address is 701 Western Avenue, Suite 200, Glendale, California("Grantor"), does hereby convey, release, remise and forever quitclaim unto PS Mountain West, LLC, a limited liability company organized under the laws of the State of Delaware, whose address is 701 Western Avenue, Suite200, Glendale, California ("Grantee"), the premises described on Exhibit ("Property"),which is attached hereto and made a part hereof, together with all appurtenances relating to the Property. TO HAVE AND TO HOLD the said Property, unto the said Grantee, and Grantee's heirs and assigns, forever. 'DATED this —day of 1 , 2023. GRANTOR: PS Mountain West, LLC By: Public Storage, its sole managing member By: __s .....Share ` .der, Vice President STATE OF— ) ss: County of® ) I HEREBY CERTIFY that on this day of ,2023, before the undersigned, a Notary Public in the State of ,personally appeared Sharon Linder, proven to me to be the person who executed the said instt•ument, and acknowledged to ine that she executed the same in her capacity as Vice President, Public Storage,the sole managing member of PS Mountain West, LLC. 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 Residing at My Commission Expires' ("'I'll DEED A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness,accuracy,or validity of that document. STATE OF CALIFORNIA } COUNTY OF LOS ANGELES } S.S. 2023 On _ nY'I Z�0 ,-2 before me, Sarah Yo , a Notary Public in and for said County and State, personally appeared, arOn tin&I— , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. SARAH YOU WITNESS my hand and official seal. Z _ o Notary Public•California Z Los Angeles County Commission N 230564Z `'� o•"� My Comm.Expires Sep 28,2023 Signature: (Notary Seal) EXHIBIT A D I A M O N D LEGAL DESCRIPTION LAND SURVEYING Friday, February 17, 2023 Project No.: 21-226-2 PARCEL 2 AS-SURVEYED DESCRIPTION A PART OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN CITY, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 34 AND RUNNING THENCE NORTH 0052'50" EAST 122.86 FEET ALONG THE SECTION LINE AND THE CENTER LINE OF TEN MILE ROAD TO THE TRUE POINT OF BEGINNING; AND RUNNING THENCE SOUTH 0052'50" WEST 98.02 FEET ALONG SAID SECTION AND CENTER LINE; THENCE NORTH 89016'49" WEST 49.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF WAY LINE OF TEN MILE ROAD; THENCE SOUTH 0052'50" WEST 25.00 FEET ALONG SAID WESTERLY RIGHT-OF-WAY LINE; THENCE NORTH 89016'49" WEST 1274.76 FEET TO A POINT ON THE SIXTEENTH SECTION LINE; THENCE NORTH 0048'05" EAST 212.59 FEET ALONG SAID SIXTEENTH SECTION LINE; THENCE SOUTH 89010'51" EAST 554.91 FEET; THENCE SOUTH 58037'30 EAST 174.31 FEET; THENCE SOUTH 89018'22" EAST 618.94 FEET TO SAID SECTION AND CENTER LINE AND THE POINT OF BEGINNING. CONTAINS 217,611 SQ. FT. 4.885 ACRES Prepared By: Nathan B Weber, PLS Diamond Land Surveying I www.diamondlandsurveying.com E IDIAN --- AGENDA ITEM ITEM TOPIC: Access Easement Agreement conveying easement from PS Mountain West, LLC, doing business as Public Storage, to City of Meridian for Use of Access Road Following Property Boundary Adjustment ADA COUNTY RECORDER Trent Tripple 2023-032616 BOISE IDAHO Pgs=6 CHE FOWLER 06/07/2023 01:13 PM CITY OF MERIDIAN, IDAHO NO FEE RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO City Clerk City of Meridian 33 E: Broadway Avenue Meridian, ID 83642 AFFIDAVIT SETTING FORTH FACTS TO CORRECT LEGAL DESCRIPTION RECORDED WITH ADA COUNTY INSTRUMENT NO.2023-029704 STATE OF IDAHO ) SS. County of Ada ) 1, Mayor Robert E. Simison, the undersigned,being duly sworn on oath, depose and say: 1. This Affidavit is made with respect to the Quitclaim Deed recorded as Ada County instrument no. 2023-029704, 2. This Affidavit is filed pursuant to Idaho Code section 55-816, and upon recording thereof; this Affidavit shall constitute a part of the record of title to the real property to which it relates. 3. The City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho, is the Grantor of the original Ada County instrument no. 2023-029704. 4. The City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho, is the Grantee of the original Ada County instrument no. 2023-029704. 5. 1, the undersigned, hereby acknowledge and certify that the following errors appear in the original Ada County instrument no. 2023-029704: Per Exhibit A thereto, Record of Survey #13861, instead of South 00°48'05" East, the bearing should read South 00°48'05" West. 1 AFFIDAVIT SETTING FORTH FACTS TO CORRECT LEGAL DESCRIPTION RECORDED WITH ADA COUNTY INSTRUMENT No.2023-029704 PAGE 1 6. The corrected Record of Survey is attached hereto as Exhibit 1, and shall be incorporated into Ada County instrument no. 2023-029704 as though originally recorded therewith. FURTHER YOUR AFFIANT SAYETH NAUGHT. DATED this day of June,2023. GRANTEE/GRANTOR: CITY OF MERIDIAN so nuc,sr ttest: cify of Bert Simi on, Mayor '°A"R Jo on, City Clerk SEAL. STATE OF IDAHO \ r �� I): SS hlthe'r County of Ada ) On this 7th day of June , 2023, before me, a Notary Public, personally appeared Robert E. Simison and Chris Johnson, known or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument on of behalf of said City, and acknowledged to me that such persons 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. CHARLENE WAY Notary Public for Idaho COMMISSION 7 Residing at Meridian , Idaho NOTARYLI My Commission Expires: 3-28-2028 STATE OF I AFFIDAVIT SETTING FORTH FACTS TO CORRECT LEGAL DESCRIPTION RECORDED WITH ADA COUNTY INSTRUMENT NO.2023-029704 PAGE 2 Exhibit 1 D I A M O N D LEGAL DESCRIPTION LAND SURVEYING Friday, February 28, 2023 Project No.: 21-226-2 PARCEL 1 - CITY OF MERIDIAN A PART OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN CITY, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 34 AND RUNNING THENCE NORTH 0052'50" EAST 122.86 FEET ALONG THE SECTION LINE AND THE CENTER LINE OF TEN MILE ROAD TO THE TRUE POINT OF BEGINNING; AND RUNNING THENCE NORTH 89018'22" WEST 618.94 FEET; THENCE NORTH 58*37'30" WEST 174.31 FEET; THENCE NORTH 89*10'51" WEST 554.91 FEET TO A POINT ON THE SIXTEENTH SECTION LINE; THENCE SOUTH 0048'05" WEST 212.59 FEET ALONG SAID SIXTEENTH SECTION LINE TO A POINT ON THE SECTION LINE; THENCE NORTH 89016'49" WEST 1323.86 FEET ALONG SAID SECTION LINE TO THE CENTER OF SAID SECTION 34; THENCE NORTH 0*43'38" EAST 1323.46 FEET ALONG SAID SECTION LINE TO THE SIXTEENTH CORNER; THENCE SOUTH 89006'25" EAST 1325.58 FEET ALONG SAID SIXTEENTH LINE TO THE SIXTEENTH CORNER; THENCE SOUTH 0048'05" WEST 1081.86 FEET ALONG SAID SIXTEENTH SECTION LINE; THENCE SOUTH 89'10'51" EAST 561.75 FEET; THENCE SOUTH 58o37'30" EAST 174.28 FEET; THENCE SOUTH 89'18'22" EAST 612.16 FEET TO A POINT ON THE SECTION LINE AND THE CENTERLINE OF TEN MILE ROAD; THENCE SOUTH 0°52'50" WEST 25.00 FEET ALONG THE SECTION LINE AND THE CENTERLINE OF TEN MILE ROAD TO THE TRUE POINT OF BEGINNING. CONTAINS 1,784,257 SQ. FT. OR 40.960 ACRES d Prepared By: Nathan B Weber, PLS Diamond Land Surveying I www.diamondlandsurveying.com I i \ d\ »# _ \ d ^ N . ; . !». !qf 71 � . . \\ � \a , --- \E mm -„ —--— -- ~ ; < � \) \O «/o p_ +| ° • § rs §\ \ ! \! n Zz | ! ! , -Z ; \ - I\e\ � ` ` R % M O r! 0O \ - ® ° , r ( } i\ e \\;) m§ . ; I r i a• SAY§�93rpta � e�=� �� M_ W cC�T o9As Z 66 Jf Rya a �1 @ _ 52 --� > NUNN y Tj � v�mR brio 9. N 6 OPP 5, fe zz C o oox D � � rn o n m ai'[jai nrao•[ia>i __(�uwani'j'ss �L'i� ®E D 0 �Eh x��TEN --�/`---+t•- odm OD PRofFS'c `Qe daor o um No + Yo o8 (n 01 x oil = to If p^ " 1f 3Y j _ �o o _ 25 zsoil :my 00 >z. � is F ° a C YPOFF� 05 - JO�� oho m; w4 Og w= C��fIEN MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Emily Kane, Deputy City Attorney Meeting Date: May 23, 2023 Presenter: Bill Nary, City Attorney Estimated Time: 2 minutes Topic: Access Easement Agreement conveying easement from PS Mountain West, LLC, doing business as Public Storage,to City of Meridian for Use of Access Road Following Property Boundary Adjustment Recommended Council Action: Approve the agreement and authorize the Mayor's signature. Background: Public Storage owns and operate a storage facility on the property immediately to the east of the Wastewater Resource Recovery Facility,between the WRRF and Ten Mile Road. Additionally,the City owns 40.9 acres of land north of the WRRF, with an access road connecting that property to Ten Mile. The access road runs along the north side of the Public Storage parcel. Public Storage has purchased another parcel, immediately to the north of its existing parcel. It intends to apply for a property boundary adjustment and expand its property and storage facility northward, onto this parcel. The City's existing access road to its 40-acre parcel currently separates Public Storage's existing parcel and the new parcel. In order to facilitate Public Storage's property boundary adjustment and expansion, the City has agreed to move its access road to the north side of the new Public Storage parcel. Public Storage will build the new road, and will provide an easement to the City across its new parcel while the new road is being constructed. The easement will be located where the current access road is, and will extinguish after construction of the new road. This process requires a number of steps in order to accomplish these objectives and maintain a clear title for each of the reconfigured parcels. The highlighted document relates to the document to which this memo is attached. 1. Quitclaim deed from Public Storage to City, conveying the new access road. 2. Quitclaim deed from City to Public Storage, conveying the existing access road. 3. Quitclaim deed from City to City, recording ownership and updated legal description of the City's 40-acre parcel with the new road. 4. Quitclaim deed from Public Storage to Public Storage, recording ownership and updated legal description of Public Storage's property without the City's current access road. S. Easement from Public Storage to City, providing City access to its 40-acre parcel via the current road until Public Storage completes construction of the new road. All of these documents are provided for City Council review and approval. Quitclaim Deed nos. 1 and 4 do not require the Mayor's signature, but these documents are required to complete the transaction, and all five of these documents should be recorded, in the order set forth above. ADA COUNTY RECORDER Trent Tripple 2023-029601 BOISE IDAHO Pgs=12 VICTORIA BAILEY 05/24/2023 08:16 AM CITY OF MERIDIAN, IDAHO NO FEE RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Meridian 33 E.Broadway Avenue Meridian,ID 83642 ACCESS EASEMENT AGREEMENT This Access Easement Agreement ("Agreement"), effective as of the date this Agreement is recorded in the real property records of Ada County, Idaho ("Effective Date"), is entered into by and between PS Mountain West,'LLC, limited liability company organized under the laws of the -State of Delaware ("Grantor") and the City of'Meridian, all Idaho municipal corporation ("Grantee") Grantor owns the real property that is legally described and graphically depicted on E.yhibit A, which is attached hereto and incorporated herein ("Easement Area"). Grantee owns the real property that is legally described and graphically depicted on E.vhihit B, which is attached hereto and incorporated herein ("Beneftted Parcel'). Grantor hereby grants to Grantee a non-exclusive easement over the Easement Area for egress and ingress on, over, across and through Grantor's property with the free right of access to such property at any and all times. Grantor covenants that it shall not place any structures or other obstructions within the Easement Area. Grantor further covenants that it shall maintain and repair the Easement Area to provide suitable access to the Benefited Parcel. To have and to hold said easement unto said Grantee,and its successors and assigns, forever. This Agreement may not be terminated or amended except by a written instrument executed by Grantor and Grantee, which instrument will be effective upon recordation in the real property records of Ada County, Idaho. If Grantor constructs a new access road ("New Access Road") to the serve the Benefited Parcel, and Grantee determines, in its sole discretion, that the New Access Road is acceptable,then Grantor may request that Grantee terminate this Agreement,the approval of which will not be unreasonably withheld. [end of text; counterpart signature pages follow ACCESS EASEMENT AGREEMENT PAGE l COUNTERPART SIGNATURE PAGE IN WITNESS WHEREOF, the parties to this Access Easement Agreement have executed it and caused it to be effective as of the date this Access Easement Agreement is recorded in the real property records of Ada County, Idaho. GRANTOR: PS Mountain West, LLC By: Public Storage, its sole managing member By: Z"�/4z Sh• on Linder, Vice President STATE OF ) ss: County of ) I HEREBY CERTIFY that on this day of 2023, before the undersigned, a Notary Public in the State of personally appeared,Sharon Linder, proven to me to be the person who executed the said instrument,and acowledged to me that she executed the same in her capacity as Vice President, Public Storage, he s e m• aging member of PS Mountain West, LLC. IN WITNESS WHEREOF, I have here re .et hand and affixed my official seal, the day and year in this certificate first above writt61-1. Notary Public Residing at My Commission Expires: ACCESS EASEMEN"r AGREEMEN"r PAGE 2 California All-Purpose Certificate of Acknowlefdamim-nt A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California S.S. County of Los Angeles On 90 before me, Irma Pimentel,Notary Public ------------------------- personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is da.606d true a cprre#. _ y Pu iic-CaEL _ Notary Public-California Los Angeles County WI NE my and and ff(ial seal. Commission 12384372 +r•�,.o••'� ,Ny Comm.Expires Nov 23,2025 OPTIONAL INFORMATION Alfhough the mt rmalron n!hs secLon rs nor requrreu oy raw rr cutnu µruvum rrauourum rurnovai and reattachment of this acknowledgment to an unauthorized doc+rmem and may prove useful to persons relying on the attached document Description of Attached Document The preceding Certificate of Acknowledgment is attached to a Method of Signer Identification �ocument titled/for the of purpose Proved to rye on the basis of satisfacto evidence - �,,e.�� ❑torm(s)"pf identification _ c Bible witnesses) containing pages, and dated_ Notarial event i detailed in taryjoumal on: The signer(s) capacity or authority is/are as: Page# try# Individual(s) n Notary contact: Attorney in-fact Other Z Corporate Officer(s) ❑ Additional Si ner \Signehumbprints(s) ❑ Guardian/Conservator ❑ Partner-Limited/General ❑ Trustee(s) Other representing: ;I COUNTERPART SIGNATURE PAGE IN WITNESS WHEREOF, the parties to this Access Easement Agreement have executed it and caused it to be effective as of the date this Access Easement Agreement is recorded in the real property records of Ada County, Idaho. GRANTEE: CITY OF MERIDIAN Attest: Robert E. Simison, Mayor 5-23-2023 Chris Johnson, City Clerk 5-23-2023 STATE OF IDAHO ) ): ss County of Ada ) On this 23rd day of May , 2023,before me, a Notary Public, personally appeared Robert E. Simison and Chris Johnson, known or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument on of behalf of said City, and acknowledged to me that such persons 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 Residing at Meridian Idaho My Commission Expires: 3-28-2028 ACCESS EASEMENT AGREEMENT PAGE:3 EXHIBIT A: EASEMENT AREA LEGAI,DESCRIPTION AND GRAPHIC DEPICTION ACCESS EASEMENT AGREEMENT PAGE 4 EXHIBIT A J*J# D I A M O N D LEGAL DESCRIPTION LAND SURVEYING Friday, March 24, 2023 Project No.: 21-226-2 EXISTING ROADWAY BOUNDARY A PARCEL OF LAND SITUATED IN A PORTION OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY IDAHO, MORE PARTICULARLY DESCRIBED AS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 34, MARKED BY AN ALUMINUM CAP MONUMENT AND RUNNING THENCE NORTH 89°16'49" WEST 49.00 FEET ALONG THE SECTION LINE TO THE WESTERLY RIGHT-OF-WAY LINE OF TEN MILE ROAD AND THE TRUE POINT OF BEGINNING; THENCE NORTH 89°16'49" WEST 1274.76 FEET ALONG SAID SECTION LINE TO A POINT ON THE SIXTEENTH SECTION LINE; THENCE NORTH 0°48'05" EAST 25.01 FEET ALONG SAID SIXTEENTH SECTION LINE; THENCE SOUTH 89°16'48" EAST 1274.80 FEET TO SAID WESTERLY RIGHT-OF-WAY LINE; THENCE SOUTH 0°52'50" WEST 25.00 FEET ALONG SAID WESTERLY RIGHT-OF-WAY LINE TO SAID SECTION LINE AND THE POINT OF BEGINNING. CONTAINS 31,874 SQ. FT. OR 0.731 ACRES Prepared By: Nathan B Weber, PLS Diamond Land Surveying I www,cliamoncilandsurveying.com r� w[A5i D,A[T'A a< cfltW.�B. L N7 ]5 �f•D.,ra. ^met mts os.rs,1 II�� i a«s»•�rmx frG.wlia'A4v.`iiV (rWW YAIwhu Vv N.h COOLER w-sv -CPA*m7o-mrose; (rM CAR ana_rsuni vaNw;n-- I <vA.rao-tsan-1 TO � y t � L 3 �--% a if if^M R ��"`k M iIFJ�-1F• yy55((pp I' al :-_" o� jtrte � uz]pr -- ..... ��•�`—JL—t�—�.at._--.k--+c�----�—�---- �6 I w i pu --_--------- n D.RRS•E� Nsru'.rwtmm ---- giror r, tsor coxsu APPxr.n.rn s.Jvcm 3s ]p P_0>.CYs) 11}W157W s.9 q0'i I ICTDN I ma0-r ESCc6) r NAi N D REBER.CCITT'_i cro FE w A PROM ON LA AL ND SYRtErCR AS M1fESCi;BEO WIDE' ME 1.5 OE-RE WA a Cr ANO AND ink I• D LMSE NO \\l t 775.5 r EDRMEi CCRII:r MAi A 4N0 SUM JS vADE CG�.E PROPERn DESDibED BCLOR,AVD"It�NDNCS 0[I-WR It r ARE AS SNOAN E-EM A PARCEL 0E LAND SfuA:EO.N A POR^ON OPSTrE NORMCAS:CCART;R Or WE"ON •0ANSP w_P.10a� RANCE t sa,BOSS VER,,DM.CIT,0•VEROAN,A.CO N:r = 10.0.V0'E PARTWIARLY DESCRBED As. r �2VQCVV Y • r...+•. K W W ,AIv,onC IT ME EASr QUIAND cP -X TN OC mOR NE ]A,Y r Bi A ' 11 SECV VP E 1.--E AND 1, !:C MEACE NORM fla16'Ai•K_Si.900FEET1. AE C.RAPH:C SC LLE Imo E SCC V LIE t0 ME ALSIERL•RG�-fF-A'A.LINE 0:YEN VaF ROAD ANO ME A•'•y"i"• .., y TfCE PMY'Or DEC'.xF M n a•1 BD tfiC V_r$� Y hCNCE IORTN MCI. LINE.•S'A 76 r[['JLOrS Sw SEC:Air LnC TO♦PONT On n{S'eTENT'sECOW LINE. +'Ina)- 60 '(rEC:) T%CE NORIN MA6'D5'EAS•75M?EE A.M:O s 10 SR7EEe:M S:C WK; M C_SdM—6'19'EASi•27.W MCI ID SAID'ACSTEr RD CE-AAr E••E. T•ENCE 50.1M MS250'ALSt SSW Me-ALONC 5A0 ACS:ERLr R.U.i-CP-MA•LINE i0 SAID SCC-ON I:NE AND TNE PDN'DE?ECN A. µ,��,A _ CW7ANS]r,fl'.SO IT 0•D O]'ACRES t. V 1E[C'Ab+'�'>• ��J��..T� O]M r�wAs�. EXHIBIT B: BENEFITED PARCEL LEGAL DESCRIPTION AND GRAPHIC DEPICTION ACCESS EASEMENT AGREEMENT PACE 7 EXHIBIT B �# DIAMOND LEGAL DESCRIPTION LAND SURVEYING Friday, February 28, 2023 Project No.: 21-226-2 PARCEL 1 AS-SURVEYED DESCRIPTION A PART OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, MERIDIAN CITY, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 34 AND RUNNING THENCE NORTH 0052'50" EAST 122.86 FEET ALONG THE SECTION LINE AND THE CENTER LINE OF TEN MILE ROAD TO THE TRUE POINT OF BEGINNING;AND RUNNING THENCE NORTH 89018'22" WEST 618.94 FEET; THENCE NORTH 58037'30" WEST 174.31 FEET; THENCE NORTH 89010'51" WEST 554.91 FEET TO A POINT ON THE SIXTEENTH SECTION LINE; THENCE SOUTH 0048'05" EAST 212.59 FEET ALONG SAID SIXTEENTH SECTION LINE TO A POINT ON THE SECTION LINE; THENCE NORTH 89016'49" WEST 1323.86 FEET ALONG SAID SECTION LINE TO THE CENTER OF SAID SECTION 34; THENCE NORTH 0043'38" EAST 1323.46 FEET ALONG SAID SECTION LINE TO THE SIXTEENTH CORNER; THENCE SOUTH 89006'25" EAST 1325.58 FEET ALONG SAID SIXTEENTH LINE TO THE SIXTEENTH CORNER; THENCE SOUTH 0048'05" WEST 1081.86 FEET ALONG SAID SECTION LINE; THENCE SOUTH 89010'51" EAST 561.75 FEET; THENCE SOUTH 58037'30" EAST 174.28 FEET; THENCE SOUTH 89018'22" EAST 612.16 FEET TO A POINT ON THE SECTION LINE AND THE CENTERLINE OF TEN MILE ROAD; THENCE SOUTH 0052'50" WEST 25.00 FEET ALONG THE SECTION LINE AND THE CENTERLINE OF TEN MILE ROAD TO THE TRUE POINT OF BEGINNING CONTAINS 1,784,704 SQ. FT, OR 40.960 ACRES Prepared By: Nathan B Weber, PLS Diamond Land Surveying I www.diamondiancisurveying.com WRiMn3,a:wx[f Or•-t`er3a].. 27 2E TEN MILE f PUBLIC STORAGE x/M fatKR d�f.3i t]:wTq O TEei4.L (r(]W�]•IUt Both tC✓vim�Wni•.1GVSf�KSr,Ba3[v[eJw x3'E OK mm-+exa»I tr In•mar. '->t— �-k— -orb-*. _ "r _'71'—''V --M—u—I(�— —p--l(•— _ — r.re�r r,m3�v` ..w+r..c:} Irtwo r u Ili// / 411— (vo cw csc•Mal I :,, Estl mm-of�»ex I •,•.�.n.u_�xrn:mi"1 x,]oe.cx I I YOci:.�zo n""cic.vu]wl wmI � - .K•n l.fon+•axl 8 ASS.wm•e'su�.w�n.ciy-�'irml [„ Lf(axq a' J z fly �w PARCEL 1 W I. A CITY OF MERDIAR _ 1.784.257.704 50. 40.960 ACRES 7 CRAP.�C SCALE l7_ i•(eqq-ioo•(EEE7 I 1 1 1)•V I _ I a y $ Slfe] $ ELK BUGLE LANES 6 enq) 217PARCEL ,611 4.9951 X6ME5 8 �.s,�,wxx cceKn ]f Sl w.`.,� -••••w"` ` _ =ita•G -t9-K(ffA3Mx1) __ 1•°�'2t s� x•e•,r.rn ilx)K' — ,o.o.... #•~33.)6 ` _ xnae o,s<c•a).. .t•.rw•. .+r ec.a ml a,�a�mfx* SHEE, I OF 3 j ux�7'ne..- Iravo y.fxw DIAMOND LAND SURVE•ING x 4313 iee n.3fE..30 vpv].f uf3tlM aes.Y••+av vM•aM A. Vner•<eex>Eb3aL fcpa a ttxc.i ow..lw.va a•Jnrs:.u: TEN MILE PUBLIC STORAGE .aurzo t.uc.oana,.sr awraf a s[cN ar^.rawvn..mr.nwa t vcs,. sn ti� amm�.orr,am cans..qwo .arras*afa•ca P xcv+a.. 27�X trgno��s.r wss r ptf.eNrsf) N ]5 a : I Jnl-xetay � <ver]op-e>twelcn u�orp�Syl» p( 8 1. 0 IR¢ �7 1 R?t Lu i1 xu•msrw fxa 10.E e�ELK BUGLE LANE mm HUD) PARCEL A 1 PARCEL 2 .ante pTM of so.ua TEN MILE PUBLIC 1,761,2540.96 9C FT. STORAGE r� SOYzscw 10.960 ACRES 217.611 SO.FT. n•tnrw as.sr .� xm s _ 4.995 ACRES J7so-w ;,„ aesJxw [PI[k Y*SLCaCt J4N K ¢,n COnC n wta.•.n.rri N[.nr¢pl .serer W MY 16 je u C.Sr Ou.9RF mi•4A Or xCrt>.'l.. Ira.w I•aca � (ry%�a� q uL PK aayeaef) t.pJ nl>i ..+�..•a m.a. NWIe.<m- 1 (r[.rf•��Can-Par ttq]]JJ:1 I u GRAPE-C SCALE SHEET 1 © DIAMOND � �,�`^' �.a ,.mv„...a,..a.tp.,aP<.o a a.J r• Wa) � Ir - • an ♦� .:.,.. LAND SURVEYING ant 3.]00w f1G tb YWnLC Nsaa)a $C` dC) d e"+ W :W :_ dj N O p E O r Q k0YOR ui ad b 9 b iszo .. ldb >V : KE $ E 9 � �tgall 3 a � gbtg "q a. g a d� � shag + x�M�� Puc 4 k 6 bW Y b bb G c Y Y 7 . o d hb Y o � N< 3 F— b ° �' r� � tl � � �� aatlh � � bt -�� dp tltl� � � b N b> Y o .1, P. bb = p S 7 e $q 8y1 bE a $ u W S 41, be tt y gig a- q tlRt, tip E IDIAN --- AGENDA ITEM ITEM TOPIC: Resolution No. 23-2389: A Resolution of the Mayor and the City Council of the City of Meridian, Reappointing David Ballard to Seat 1, Walter Steed to Seat 2, and Zach Shoemaker to Seat 3 of the Meridian Transportation Commission; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 23-2389 BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, OVERTON, PERREAULT, STRADER A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, REAPPOINTING DAVID BALLARD TO SEAT 1, WALTER STEED TO SEAT 2, AND ZACH SHOEMAKER TO SEAT 3 OF THE MERIDIAN TRANSPORTATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code 2-1-1 establishes the Meridian Transportation Commission, its members and terms of their appointments; WHEREAS, David Ballard was appointed to Seat 1 on the Meridian Transportation Commission by Resolution No. 13-925 on May 22, 2013, and reappointed by Resolution No. 14-985 on April 15, 2014; and reappointed by Resolution No. 17-2013 on May 9, 2017; and reappointed by Resolution No. 20-2212 on May 26, 2020; and WHEREAS, Walter Steed was appointed to Seat 2 of the Meridian Transportation Commission by Resolution 20-2213 on June 2, 2020; and WHEREAS, Zach Shoemaker was appointed to Seat 3 of the Meridian Transportation Commission by Resolution 21-2253 on January 26, 2021; and WHEREAS, the Mayor and City Council of the City of Meridian deems the reappointment of David Ballard to Seat 1, Walter Steed to Seat 2, and Zach Shoemaker to Seat 3 of the Meridian Transportation Commission to be in the best interest of the Meridian Transportation Commission and of the City of Meridian. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That pursuant to Meridian City Code § 2-1-1, David Ballard is hereby reappointed to Seat 1, Walter Steed is hereby reappointed to Seat 2,and Zach Shoemaker is hereby reappointed to Seat 3 of the Meridian Transportation Commission, for terms to expire May 31, 2026. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 23rd day of May, 2023. APPROVED by the Mayor of the City of Meridian, Idaho, this 23rd day of May, 2023. APPROVED: ATTEST: By: Mayor Robert E. Simison Chris Johnson, City Clerk RESOLUTION FOR REAPPOINTMENT OF BALLARD,STEED,AND SHOEMAKER-MERIDIAN TRANSPORTATION COMMISSION E IDIAN --- AGENDA ITEM ITEM TOPIC: Resolution No. 23-2390: A Resolution Accepting Student Artwork for Traffic Box Art Installation; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 23-2390 BY THE CITY COUNCIL: BORTON, CAVENER,HOAGLUN, OVERTON,PERRAULT,STRADER A RESOLUTION ACCEPTING STUDENT ARTWORK FOR TRAFFIC BOX ART INSTALLATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City of Meridian and the Meridian Development Corporation ("MDC") desire that public art will be a component of our community, and to that end, MDC has contributed funds to install vinyl wraps on three (3)traffic signal boxes in downtown Meridian; WHEREAS,Meridian City Code section 2-2-2(A)(2-4) charges the Meridian Arts Commission("MAC") with stimulating awareness and appreciation of the importance of publicly accessible art and its benefits to the community and advising the City Council on the aesthetic aspects of works of art to be installed by the City of Meridian; WHEREAS,MAC recommends that five (5)pieces of artwork displayed at the West Ada School District student art show, as set forth in Exhibit A, be reproduced onto vinyl wraps to be installed on traffic signal boxes in downtown Meridian; WHEREAS, the Mayor and City Council find that displaying this artwork on traffic boxes will serve the best interest of Meridian's residents, businesses, and traveling public; NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN CITY,IDAHO: Section 1. That the artwork depicted in Exhibit A hereto, is hereby accepted for reproduction onto vinyl wraps and installation on traffic signal boxes in Meridian. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 23rd day of May, 2023. APPROVED by the Mayor of the City of Meridian, Idaho, this 23rd day of May, 2023. APPROVED: ATTEST: Robert E. Simison, Mayor Chris Johnson, City Clerk RESOLUTION ACCEPTING STUDENT ARTWORK FOR TRAFFIC BOX WRAPs PAGE I Exhibit A 2023 WEST ADA SCHOOL DISTRICT ARTWORK Recommendations for Traffic Box Art Wraps Danielle Pavlinik, McCall Flowers Elementary Primary Award: � 1 Danielle Pavlinik • Title of Artwork: McCall Flowers • Grade: Kindergarten " _ E� � • School: Galileo STEM Academy Cora La M u nyo n, Running Free Elementary Intermediate: Cora LaMunyon ,�, • Title of Artwork: Running Free • Grade: 5tn . �j • School: Mary McPherson Elementary I Capri Cantwell, Fox Middle School: Capri Cantwell • Title of Artwork: Fox °"4_ • Grade: 81n (`;, • School: Galileo STEM Academy Andrea Disney, Student Parking of RMSH CV Andrea Disney °�� - � • Title of Artwork: Getting Over It y - `!- -- a �- _�►_ Student Parking at RMHSn . _ - ' • Grace: 10to __ � �� • School: Rocky Mountain High School ,� 4 -+ _. Mar in Weaver, The Comfort of the Snow High School Photo: Marin Weaver • Title of Artwork: The Comfort of the Snow ,'i< r • Grade: 101n ! < • Eagle High School f E IDIAN --- AGENDA ITEM ITEM TOPIC: City of Meridian Financial Report-April 2023 City of Meridian Monthly Financial Report FY2023 April 2023 Table of Contents Report Name Page Number Investment Graphs 2 Fund Balance 3 PIP INN mow .• e �11111, Iltliulllllfll IIUIfIiIYlTilllllll I IIII �, � � 1 ��'f il� _ [� IuI i CE ID� F:\Reporting\Monthly Reports\FY2023\FY23 -7 Apr Council Report 1 of 3 Monthly Financial Report (�E IDIAN�--- FY2023 April 2023 2023 City of Meridian Investment Portfolio Yield by Investment Type IDAHO STATE POOL 4.54% IDAHO BOND FUND 3.02/0 CASH 0.00% FIB •FIB MoneyMarket$2,697,729 •Cash$20,082,522 MONEYMARKET 4.45% •Idaho Bond Fund$73,225,500 •Idaho State Pool$136,113,052 City of Meridian Interest/Investment Income City of Meridian Cash/Investments Balance by Major Fund by Major Fund $1,800,000 $1,600,000 $140,000,000 $1,400,000 $120,000,000 $1,200,000 $100,000,000 $1,000,000 $80,000,000 $800,000 $600,000 $60,000,000 $a00,000 , $40,000000 $zoo,000 $0 $20,000,000 General Enterprise $_ General Fund Enterprise Fund ■Total Budget ■Actual YTD ■FY23 ■FY22 F:\Reporting\Monthly Reports\FY2023\FY23-7 Apr Council Report 2 of 3 Monthly Financial Report FY2023 E IDIAN^-- April 2023 April 2023 GENERAL FUND BALANCE ALLOCATIONS $120A00,000 $100A00,000 $80,000,000 $60,000,000 $40,000,000 $20,000.000IN 0 9/30/2015 9/30/2016 9/30/2017 9/30/2018 9/30/2019 9/30/2020 9/30/2021 9/30/2022 - 0 Nonspendable ■Restricted ■Committed ■Assigned ■Assigned Reserves ■Unassigned ENTERPRISE FUND BALANCE ALLOCATIONS $120,000,000 $100,000,000 $80A00,000 $60,000,000 $40,000,000 $204 00,000 , m-m 9/30/2015 9/30/2016 9/30/2017 9/30/2018 9/30/2019 9/30/2020 9/30/2021 9/30/2022 ■As signed ■Unassigned ■Assgged Reserves F:\Reporting\Monthly Reports\FY2023\FY23-7 Apr Council Report 3 of 3 E IDIAN.;--- AGENDA ITEM ITEM TOPIC: Department Reports #25 CjfE IDIAN;--- AGENDA ITEM ITEM TOPIC: Department Reports Employee Health Benefits Trust Update CITY OF MERIDIAN EMPLOYEE BENEFITS May 23, 2023Bill Nary, Trust Chair BENEFITS PLAN TRUST (COMEBPT) The Team Legal–Bill Nary •Mayor’s Office–Vincent Koontz •Parks–Renee White •IT–•MPD–Matt Ferronato, Justin Northway •PW –Alex Freitag •Finance–Todd Lavoie, Carol Mitchell, Trish Hibler •HR–Christena Barney, Reba White, Debbie Hoopes •City Benefits CommitteeBolchiSara –VSP •DorrohLanae–Delta Dental of Idaho •Dan Malloy, Destiny Bradley–Blue Cross of Idaho •Cindy Tealey, Scott Howell, Tasha Norman–A.J Gallagher •PartnersExcess Revenue•Employee Contributions•City of Meridian Budget•Funding SourcesTrustee–Justin Northway, MPD •Trustee–Eli Daniel, IT •Trustee–Christena Barney, HR •Vice Chair–Alex Freitag, PW •Chair–Bill Nary, Legal •The Trustees History our member experience Continue to identify and implement plan designs that help reduce claims cost but also improve •Future •Lessons Learned•CPA Auditor hired in 2021 to audit 2020 year and each year after•Broker, Consultants, Legal Counsel, Accountant hired in 2020•2021: October 26, 2020 for Dental and Vision •2020: January 2, 2020 for Medical •Funding-Idaho Department of Insurance (DOI) Approval for Self•January 1, 2020–Funding Launch Date -Self•Implementation• Required Surplus The next few slides will indicate whether the Trust had a deficit or gain in the surplus funding amount •Current, DOI requires the Trust to have $1.8M in surplus to fund Medical, Dental and Vision–In 2021 •In 2020 DOI required the Trust to have $1.3M in surplus to fund Medical • Trust Contribution Rate Development no cost to the Trust, but assist with plan savingsand Cost Advisor Tool for Medical, these are ChoiceDocsBoard of Trustees approved addition of •City Funded $185,000 to remain compliant with DOI Regulations•Mature Babies, 2 High Cost Medications and 1 Cancer)-High Claims Year (3 Pre•Worldwide Pandemic continued, vaccines and antigen tests widely available, costs still uncertain•funded Dental and Vision-Self•2021 Ended Year with a loss of surplus of $445,563•Copay Program-Board of Trustees approved addition of MDLive Telehealth and Diabetes No•City Funded $130,000 to remain compliant with DOI Regulations•March 2020 Worldwide Pandemic began, industry uncertain of impacts to medical plans•2020 Ended Year with a loss of surplus of $90,146• Trust Contribution Rate Development Board of Trustees approved addition of SmartShopper for Medical•To Update –Q1 DOI Statement 2023 YTD a gain of $•for Medical and ‘HOW’ (Health through Oral Wellness) Program for Delta DentalPay -Board of Trustees approved addition of Coupon Maximizer and Mail Order Prescription Co•Completed a dependent audit to ensure eligibility criteria was being met with all enrollees•City Funded $254,000 to remain compliant with DOI Regulations•19-Approximately $191,000 in additional costs associated with COVID•2022 Ended Year with a gain of surplus of $146,130• Contributions Paid vs Claims Paid Claims PaidContributions Paid Contributions Paid vs Claims Paid 2023 YTD202220212020800000070000006000000500000040000003000000200000010000000 Trust Contribution Rate Development for Medical 2024 increase anticipated 2.1% (still pending actuarial review, certification and DOI acceptance)•2023 increase was 7.9%•2022 increase was 6.8%•2021 increase was 6.97%•2020 increase was 1.2%• Thank you!City of Meridian Employee Benefits Plan Trust E IDIAN --- AGENDA ITEM ITEM TOPIC: Community Development: Proposed Amendment to Meridian City Code Sections 8-2-3, 8-2-7(E), 8-2-8, and 8-2-11(A)(2) Regarding Addressing and Variance Findings CITY OF MERIDIAN ORDINANCE NO. 23- BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, OVERTON, PERREAULT, STRADER AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 8-2-3 TO ADD A DEFINITION OF "SUITE"; AMENDING MERIDIAN CITY CODE SECTION 8-2-7(E), REGARDING STREET ADDRESS NUMBERING STANDARDS; AMENDING MERIDIAN CITY CODE SECTION 8-2-8, REGARDING STREET NAME SIGNS AND POSTING ADDRESS NUMBERS; AMENDING MERIDIAN CITY CODE SECTION 8-2-11(A)(2), REGARDING VARIANCE FINDINGS; REPEALING CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,updates to the City of Meridian's Uniform Street Name and Address Number Code are necessary for clarity, specifically provisions relating to addressing multifamily and multi- tenant developments; and WHEREAS,the following amendments of City Code will serve the safety and welfare of Meridian residents, businesses, and public safety personnel; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN,ADA COUNTY, IDAHO: Section 1. That Meridian City Code section 8-2-3 shall be amended by the addition of a definition to read as follows: Suite: A room or rooms within a multi-tenant building, separated from the remainder of the building by walls, with a separate public entrance, either from the exterior of the shared building, or through a shared lobby, atrium, or hallway. Section 2. That Meridian City Code section 8-2-7(E) shall be amended as follows: E.Address numbers;guidelines. The following guidelines shall be used by the department to assign address numbers: 1.Limitation. Only one (1) address number shall be assigned to each residence, dwelling, structure, business, i a commercial building, or other property. 2- , Multifamily residential developments and multi-tenant commercial developments. a. Multi amily buildings with separate addresses in common development. When individuals buildings within a common eeffiple*multifamily development are designated assigned separate addresses, individual unit numbers shall be assigned to each dwelling unit, wither is no duplication of unit designations UPDATES TO UNIFORM STREET NAME AND ADDRESS NUMBER CODE PAGE I within a each building. First floor units shall be assigned 100-series numbers, second floor units shall be assigned 200-series numbers, and so on for each successive floor. Basement units shall be assigned 10-series numbers if the next higher floor is designated the first floor; or basements shall be designated 100-series if the next level is designated the second floor. a. B° ik4MR identifiers. b. Multi amily buildings with single address in common development. When eefflple*es multifamily developments consisting of more than one (1) structure have been assigned a single address, each individual building shall also be assigned a letter. Unit or apartment numbers shall then be assigned aeeefdanee with this seetio^,to each dwelling unit, with no duplication of unit designations within each building. First floor units shall be assigned 100-series numbers, second floor units shall be assigned 200-series numbers, and so on for each successive floor. Basement units shall be assigned 10-series numbers if the next higher floor is designated the first floor, or basements shall be designated 100-series if the next level is designated the second floor. Each unit number shall begin with the letter assigned to the building in which the unit is located(e.g., Unit Al00). assigned to eaeh ten weer-danee with this seetion. c. Multi-tenant commercial building. The City shall assign a single address to each commercial building, in accordance with this section. The City shall assign a suite number to each suite within a commercial building. In the absence of suites, the CitX shall not assign suite numbers, even if multiple tenants are co-located in a single building. address ntmiber-. Unit ffRmbe s shal-11 thein-be assigned in aeeer-danee with this seetion. Section 3. That Meridian City Code section 8-2-8 shall be amended as follows: A. Street name signs. All street name signs shall be installed and maintained in conformance with ACHD standards and the "Manual on Uniform Traffic Control Devices" (MUTCD). 1 Installation and maintenance of street signs for private streets is shall be the responsibility of the applicant or property owner; the department may require additional directional address mapping signs for private streets for public safety. B. Posting address numbers. 7 to-Prior to occupancy structure, the owner of eaeh-such structure shall post the assigned address number on such structure in such a manner that 4 the number is clearly visible from the street. Additionally,prior to occupancy, the owner of an alley- loaded residence shall post the address number of such residence in such a manner that the number is clearly visible from both the street and from the alley. mess Posted address numbers shall comply in all respects with premises identification requirements set forth in both the International Fire Code and Building Code as adopted and/or amended by the City of Meridian. Address Htimber-s UPDATES TO UNIFORM STREET NAME AND ADDRESS NUMBER CODE PAGE 2 C. Multi-tenant properties. Prior to occupancy, the owner of a multi-family residence or multi- tenant commercial complex shall post wayfinding signs as required by the department or fire marshal. The owner shall ensure that such signs remain visible, legible, and in good repair. Section 4. That Meridian City Code section 8-2-11(A)(2) shall be amended as follows: 2. Variance;findings. A request for variance may be granted upon a finding by the Commission that all of the following conditions have been met. a. That the need for the requested variance is not the result of actions of the property owner or any person, firm, or corporation representing the property owner (self efea4ed). b. E That granting the requested variance will not adversely affect the addressing of future development or the figh4s of adjacent properties or buildings . c_d-That the variance requested will not adversely affect the health, safety, and welfare of the community,including the accurate dispatch of emergency vehicles or delivery of emergency services. d. e. Th As to a variance from a street naming decision, that the requested variance€ef-a will comply with street name standards set forth in this chapter if . e_ the fello in must also be4me--. As to a variance from an addressing reassignment or street renaming decision, as applied to a commercial property, that: (1) That sign age Signage exists on the building or street to which the existing address is attached and such si ng_age will remain indefinitely as a condition of approval of the variance; (2)eke The primary structure on the property will have continued frontage and be clearly visible from the street to which its existing address is attached; and (3) Future development will not adversely affect the primary structure's visibility from the street to which its existing address is attached. fifty thousand (50,000) s"ar-e feet w-hieh is the minim-um s"ar-e footage to be eeiisider-edf , f. g That the strict application of the requirements of this chapter ef W-hie from which the variance is requested will constitute extraordinary hardship upon the property owner_as . As to a variance from an addressing reassignment or street renaming decision, an extraordinary hardship may be found only where two (2) or more of the following circumstances exist. UPDATES TO UNIFORM STREET NAME AND ADDRESS NUMBER CODE PAGE 3 ��A4 That the property's address has been in common use for twenty(20)years or longer. La(R)That the existing address number runs consecutively in the same direction and in parity as indicated on the Assessor's Street Name and Address Database. ta(q That multiple tenants would be required to change their address along with the primary user. L41"That the existing address number can be administered and maintained for future development. aR That not assigning a proposed new street name would have substantial negative monetary impact to the property owner. Section 5. That all City of Meridian ordinances, or parts thereof, that are in conflict with this ordinance are hereby repealed. Section 6. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this day of , 2023. APPROVED by the Mayor of the City of Meridian, Idaho, this day of , 2023. APPROVED: ATTEST: Robert E. Simison, Mayor Chris Johnson, City Clerk CERTIFICATION OF SUMMARY: William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that the summary below is true and complete and upon its publication will provide adequate notice to the public. William L. M. Nary, City Attorney SUMMARY OF CITY OF MERIDIAN ORDINANCE NO. 23 - An ordinance amending Meridian City Code section 8-2-3 to add a definition of"suite"; amending Meridian City Code section 8-2-7(E), regarding street address numbering standards; amending Meridian City Code section 8-2-8, regarding street name signs and posting address numbers; amending Meridian City Code section 8-2-11(A)(2), regarding variance findings; repealing conflicting ordinances; and providing an effective date. The full text of this ordinance is available at Meridian City Hall, City Clerk's Office, 33 E. Broadway Avenue, Meridian, Idaho. UPDATES TO UNIFORM STREET NAME AND ADDRESS NUMBER CODE PAGE 4 E IDIAN --- AGENDA ITEM ITEM TOPIC: Parks and Recreation Department: Pathways Map Update (� E N MEMO TO CITY COUNCIL Request to Include Topic on the City Council Work Session Agenda From: Steve Siddoway, Director Meeting Date: May 23, 2023 Presenter: Kim Warren, Pathways Project Manager Estimated Time: 15 minutes Topic: Presentation of Pathways Map Update for Council consideration Recommended Council Action: Review updated pathways map provided, along with methodology used to keep pathways map current. Background: The pathways map layer was last updated in October of 2020. Staff is proposing a 2023 pathways update for adoption. A digital map book of pathways is included for Council review, including highlighted changes made since the last update. Staff has also noted recently-completed and pending pathway projects in the map book. In lieu of presenting each individual change to the pathways map, staff will present working methodology used to update this information. We ask that council consider this methodology and review the map additionally as/if desired. Staff plans to return June 6 with a formal resolution request for adoption. +(IE PATHWAYS MAP UPDATE Parks and Recreation Kim Warren, Pathways Project Manager Meridian, •. • May • • Pathway Planning Context • Methodology Agenda Pathway Update Process • Pathways Map Book -for Review • Updated Pathway Map • Project Preview - Five Mile Creek Pathway PATHWAY PLANNING • GIS Map functions as current pathways planning tool • Planning for a formal pathways plan update • Ongoing updates • Updated every 18-24 months — adopt changes `U-4 ' •J i Y 11 New Fivemile Pathway Segment at Ustick and Linder PlanningCity of Meridian Map METHODOLOGY ayer List 0 Future Road ... �. Working layer ...s BH76Ali�n • Flexible �W Pathways and Bikeways ... s Q Merid an Pathways(Working) ... _ y • Update as we go w 4 oii s❑Meridian Pathways(Adapted) ... • Keep pace with annexation & ❑ ►n++ development .❑ACHDBikeways ..• T- ( W • Track changes for future adoption ° "' � "'Na ko ACHD IFYVYP r Y 2. Adopted Layer ,❑ %I• Last updated in 202O N � i. r❑ C,mmud(es in Motion 2040 ... '� - �•; aP _ ..`. , Fcr f 11 • Development Code s0 Road Centerl'ne(Mator) ••• �' tf�. \\'•r�l ti = _ _ 1 �� r❑ Entryway Co idor ... t , s❑ NampaCemedne a� ... s❑Valley Regional Transt(VRT) ... 2023 UPDATE - PROCESS 1. Overview + detailed map book for 4h► review o+ ims 2. Two week review period �- 3. Incorporate comments 4. Return in June with resolution for formal approval New bridge with pedestrian pathway component,Quartet Subdivision MAP BOOK -- - W CHINDENIBLV _ __ ____________.r.•, Pathways 1. Highlighted changes since last y''' Updat e -= update include: 1` ' ----- 2023 • New routes added i i Legend ---Alternative Route • Significant changes to existing EA sting Pathurey • Minor changes not tracked - L°ng-Tenn Route —Micro Path r i r r —On Street Roale W-MEMILLAN-RU. i.__ __ ---Proposed Path,ay 2. Hard copy(22 pages) also '" ` ` r'Area°'°I ty lmpac' Railroad ------------------ -- provided � �� ____- Pa�I --� ''I Parcels-Meridian r r SH-16 Proposetl Alignment C -_-- Meridian Parks 3. New/pending/recent projects a Changes Q P~- Change or addition noted s r , r W r a Z o r . Z, a W41STICK RD 3 �� 4/ I------- MERIDIAN s PATHWAYS — —� — CHIN UEN NORTH 6 MCCMILLAN I - - o USTICN F Changes and additions 7 0 highlighted CHERRY F FAIRVIEW 13 - _._._. L PINE �� I�FRANKLIN E IDIZ IAN+g- Legend PAIU'W RECREKTpX Meridian Pathways i—s'e.zoaazo v„ms O Working Pathways Map-North =:,° M. �' °"�I� c�W.Ift May 2023 w.o-,w., ERANNLIN Z MERIDIAN � - �� OVERLAND-- PATHWAYS - w SOUTH J �. --- h �VICTORV 2 I AMITY ............ Changes and additions highlighted -- — LANE-HA2EL ------ E....� I i } --COLUMBIA— �yIH IDR ]ANF- �J Legend O P➢HNS MRRBRFATNIN Meridian Pathways revised sne zo2ozo p„ms Working Pathways Map-South May2023 --, T,,,,nw. PROJECT PREVIEW: Five Mile Pathway + Nine Mile Crossing Black Cat to Ten Mile I W 1 I MCMILLAN • `Golden Spike"Segment r ` • History ' I - • Bid Award pending _ — • Construction this season - , a USTICK uvVJ! CHERRY- .................. _ i i i .. ................ With new projects -- 2022 through 2023 City of Meridian will add of new pathway REQUESTED ACTION • Review detailed map pages • Note changes / additions/ questions &forward to kwarren@meridiancity.org • Return in two weeks with resolution to adopt Questions or Comments-? PATHWAYS MAP BOOK - MAY 2023 Please review and forward any changes or comments to kwarren@meridiancity.org -- 1 Pathways 1 Update 2023 1 1 1 1 � - 1 + � I.� ,♦ 1 Legend 1 1 ♦ 1 ---Alternative Route 1 1 —Existing Pathway ----Long-Term Route ' 1 ` M ,, —Micro Path —On Street Route 1 � i Proposed Pathway 1 - • �~`� ! 1 Ir 1 Area of City Impact --------------- 1 1 � , �--Railroad 1 1 1 � Schools 1 1 1 � I Parcels-Meridian 1 1 1 1 —SH-16 Proposed Alignment ------------ 1 ,"' • • Meridian Parks 1 -? Pathway Changes - , 1—_ ♦' - • to Change or addition � • 1 1 _ L --- --------------- ----- ---- -W�CHINUEN-BLVI y `\I 0 0.13 0.25 0.5 Imo', 1 1 i - 1 Miles r � Pathways Update 2023 Legend ' --- Alternative Route —Existing Pathway Long-Term Route �� ♦ ' —Micro Path On Street Route -'N ♦ _ ---Proposed Pathway \ r 1 Area of City Impact -- ° ♦ Railroad ° ° Schools ft Parcels-Meridian ' f • ` , —SH-16 Proposed Alignment a j/I 1 Meridian Parks Pathway Changes Change or addition i a _ \ — „" W E 'W @HINUEN=BLVU — O 0.13 O.zs Os 2 Miles - -- Pathways 1 1 / _ Update - ---..: ------------- 1 202 � I I r Legend z _ - `�` -•-Alternative Route 1 1 —Existing Pathway L+ 1 +-----• --------Long-Term Route I 1 / —Micro Path i I —On Street Route 1 I I W-MCMIL-LAN-RD. ---Proposed Pathway a r 1 Area of City Impact I 1 - 1 Railroad Schools .I--------- 1 Parcels-Meridian i SH-16 Proposed Alignment Meridian Parks -` � 10 oc Pathway Changes tQ % OWYHEE11 Change or addition `` HIGH 0 Ca-- %% SCHOOL FUTURE PROJECTS: [t*J— Bridge construction agreement OF ` �i { -ITD will build pedestrian bridge over Fivemile ` k U Creek ---- _City/ -City will own&operate �� -� / Five Mile Creek Pedestrian Underpass -Fivemile Pathway will pass under SH-16 ;W-USTICK!RD o 0.13 0.25 os 3 Miles r --- --------- Pathways .fir ' 11 i 1 Update r Legacy ark 2023 1C�� . ( Heroes Park G I. LU K� Legend � - \ -•-Alternative Route Existing Pathway Z LU ----Long-Term Route I Z —Micro Path —On Street Route 1 - W-MCMILL-AN-RD ` --Proposed Pathway r I Area of City Impact 1 _ QUARTET BRIDGE Railroad -Cost share for pedestrian i facility/crossing. Complete. Schools Parcels-Meridian 1 � � :---- —SH-16 Proposed Alignment Meridian Parks I r Pathway Changes j 1 u Change or addition J 1 CJCITY PROJECT 1 1 ' J _ • • C• • •- r � Reta j ------Z ` Huskey r / _ Park I w e ACHD Trailhub Site _ 1 1 _ MAINT i FACILITY s CITY i � PARCEL / STICK-RD Partnerhsip with o 0.13ornlles 4 1 ACHD on pathway II W°CHINDEN'BL•VD - Pathways _ Update Lark 2023 CF "Rerces z a ` Y II �T,�y Legend OF -Alternative Route cc Existing Pathway 4J Z ----Long-Term Route z O ILj O Heritage ws —Micro Path Ball Flelds On Street Route z — 7- V MCMIL-LAN-RD ---Proposed Pathway Ir 1 Area of City Impact � D WAY —Railroad LV�� Schools Parcels-Meridian FR DR I —SH-16 Proposed Alignment 3 I } Meridian Parks .ii -- -- ---------'_---�--------- Pathway Changes 0 _ Change or addition cc _- Cl O .0 Hus _ I •— 7 r Tralhu P - 0 / ~ - w e �_W_USTICK-RD Settlers ParkIs ♦♦ E-USTICK-RD o 0.13 0.25 o.s 5 ♦ - -�,� C�ii.. I I Miles ♦ t - - - - - - - - - -E CHINC)EN-BL•V.0 �� Pathways 1 Update 1 ' W 1CITY PROJECT 2023 _a 1 0 1 Locust Grove Pathway �p -Lr^ 1 Segments(west side) (2023 Construction Season I ' w F- 1 w 1 Legend Z I ---Alternative Route J z 1 —Existing Pathway _ 1 ----Long-Term Route Heritage MS t, 1 fill Fields I Temporary soft surface —Micro Path path to be paved with Locust Grove Project —On Street Route � E iWICMILLAN°RC1 -` , ---Proposed Pathway �v` 1 Ir 1 Area of City Impact 1 1- j .�-TyT� 1 Railroad �f 1 Schools 1 Parcels-Meridian SH-16 Proposed Alignment �~ 1 Meridian Parks Pathway Changes Change or addition N G �t w r Settlers Park I IChampion Park 1 s L 1 � ' 6 E-l1STICK-RD a o 0.13 0.25 o.s s ! fII Miles -------------- Pathways Update 2023 Legend - ---Alternative Route ' —Existing Pathway ----Long-Term Route —Micro Path —On Street Route ' ---Proposed Pathway 1 �\ Ir 1 Area of City Impact \ Railroad 1 I IRRIGATION FACILITY/ fff Schools WATERWAY,TYP 1 ' t Parcels-Meridian 1 —SH-16 Proposed Alignment 1 l � Meridian Parks Pathway Changes -1 t Change or addition w E �a I I 5 !II E-USTICK-RD+WrUSTICKAD� J 0 0.13 0.25 O.Miles 1 ------------ Pathways Update Y -WSI - - m --z, 2023 F W ~ Q Seasons Park Z F Z oC - LU -� Lakeview - -�•_, I f� Golf course Legend --- Alternative Route Z i -Existing Pathway ----�- i __ __________ �_----••__- a i----� �` - ----Long-Term Route Borup-bottles P rties ° Micro Path rope � I) On Street Route -------- --- ° ° ,.•,.._IL \ --- Proposed Pathway W-CHERRY=LNG r 1 Area of City Impact Railroad � Schools fuller Park - Parcels-Meridian I I - SH-16 Proposed Alignment r A, Meridian Parks ` W=PINE-AVE- Pathway Changes Change or addition --------_--�----�------��------------- - - 1 ---�--- _ - - - - - N I 1 W E 1 1 5 I I r W-FR- ANKL-IN-RD ` - - - - r - 0 0.13 0.25 0.5 1.: ... I Miles Settlers Park I I W-USTICK-RD \�I Pathways i 1 C � oc -• ' -:. 1 -' Update Pathway Connection Z ' 2023 W — -- F Z Tully Park l --- Ch eau Park Street Legend W CHATEAU-DRI Park -Alternative Route O WWI(( OWBROO/(1)R —Existing Pathway O C ----Long-Term Route % Z J —Micro Path II t 9L Z On Street Route W-CHERR•Y--L•N ---Proposed Pathway r I Area of City Impact 0 1 � H Z H Railroad S Q Z - Schools ---------------- - 1- 3 W 2 � Parcels-Meridian Z Z i —SH-16 Proposed Alignment Meridian Parks i W-!PINE-AVE t E=PINE-AVE— Pathway Changes Ge eratio Change or addition yy ' Plaza tenniall •� —alltltl1 cityl CITY PROJECT ---- — 'I -R OW acquisition , -in Des'gn Federal Funding in ing 77 -PS&E Package _spring r 24 t r KL•IN-RD o 0.13 0.25 0.5 9 1 W-FRANr I j I eridlan �tiles - - - _- Pool I I 1 1 E^USTICK=RU Pathways I Update 2023 \ Legend tLLj -•-Alternative Route CITY PROJECT Fairview Avenue Sidewalk Widening Existing Pathway / D' ZI ----Long-Term Route Settler's Village pleted Fall 2021 Micro Path — —On Street Route Comu E^FAIRVIEW-AVE �`-' ---Proposed Pathway in I F Ir 1 Area of City Impact Z Railroad Z j C I C) ;P Q Schools pc v i Parcels-Meridian Z _ ; —SH-16 Proposed Alignment Z I Z Meridian Parks i II -W-PINE-AVE &PINE=AVE ---' Pathway Changes Gmeratl ns Plaz --^^Oentennlal C z` I I $rk ;t ,j i t Change or addition ----- ----^\! > I i am 0 } �1 l I I `�1` IY I I N --------------^------------------- w E I I s Z E-FRANKL'IN-RU t o 0.13 0.25 o.s 10 Miles Meridian Pool I� E-USTICK-RD><W�USTICK�RD� e Pathways J Update ' 2023 ! 1 1 � 1 1 Legend Mel r Park 1 M. ---Alternative Route Q —Existing Pathway 1 W i Z 1 ----Long-Term Route —Micro Path 1 1 On Street Route �`--- - E-FAIRVIEW-AVE— y ; ---Proposed Pathway 1 1 r I Area of City Impact 1 1 1 a 1 Railroad Schools 1 — Parcels-Meridian 1 i SH-16 Proposed Alignment 1 1 Meridian Parks 1 1 E-PINE-AVE--------___, Pathway Changes 1 1 ' Change or addition 1 -----rrrrrrrr---------------- _- W E 1 1 jl 1 5 1 ' 1 r I E-f#AN K-HN-R B 11 ■ yU— � - 0 0.13 0.25 0.5 Miles I � l FRANKL•INAD Pathways A - o Update J1, 2023 : - W .li. _-___ — ------- �� Legend \J �` -•-Alternative Route � -�- —Existing Pathway -Long-Term Route _ _ •`�� \� i-�� i .__----- - '_� —Micro Path `\ 1 \- —On Street Route W-OVERLAND-RD t3est` _! ---Proposed Pathway Ir 1 Area of City Impact i ----� Railroad i-.--- '1 Schools i �"'------ Parcels-Meridian I I IF t------p 'i------ _ SH-16 Proposed Alignment i — `�r Meridian Parks -T—T� - 1 W LAMONT RD i' - I-- Pathway Changes I \ Change or addition W I I � T u " � ✓ Y f% G , W E V,112:T KYaRD--WI 2 f 0 0.13 0.25 0.5 l 1 W-FRANKL•IN-RD i WHITESTONE BRIDGE PROJECT ` Meridian Pathways -Safe route to school F- P -Developer-funded bridge,City owns a Update y r -City pathway through common lot Z Par yj -Completed spring 2022 .Li Q 1 N 2023 � z W i . 1 --1 I -t--�--- ----- e Legend 1 - -Alternative Route 1 —Existing Pathway 1 ------- --' 44 ----Long-Term Route 11 1 1 —Micro Path ' 11 1 i On Street Route 11 t ---Proposed Pathway Ir 1 Area of City Impact 1 � O ' 1 Railroad 1 Ar � �_ Schools � 1 Parcels-Meridian —SH-16 Proposed Alignment Bea freek v Park Meridian Parks --`,---1 i Pathway Changes r, 20 Change or addition STODDARD ROAD SIDEWALK WIDENING -ACHD cost share to widen sidewalk lu i Construction spring 2024 `♦ Z W w J � I 1 ----- W-VICTORY RD I + c o.is azs as 13 ILr 1 a ♦♦♦♦ i T � —T III Ih ' - �RkNKLINij RD Mel StoreyP Pathways Storey Park Z Storey - .. eadkfN h-HH . I Update Q Park � \ - .�p I ---T -- 2023 — 1 1 I � 1 K � � °s♦° 1 Legend +E-CENTRAL=DR-- r -------- 1♦ 1 7abil p I --- Alternative Route 'l Existing Pathway 1 1 Sower � � Fields VI ----Long-Term Route — —Micro Path On Street Route E-OVERL-AND-RD - ---Proposed Pathway m Area of City Impact Lq i — _ - Railroad y ``♦♦ / � Schools j ♦♦, Parcels-Meridian ♦♦, Q — —SH-16 Proposed Alignment ♦, Jordon u' Meridian Parks ♦♦ HaTi-6 PI, to ♦ — Pathway Changes 1♦♦ \ i putioo aka _ Change or addition .Z .. ° ♦ _- Park r w I `I % w e J o , s E-VICTORYRD o 0.13 0.25 os 14 �sl� ♦` i Miles E-Fk�"iff .......... Asia Pathways Update 2023 Legend Alternative Route Existing Pathway ------------T Long-Term Route Micro Path On Street Route E OVERLAND-RE) Proposed Pathway Ir I Area of City Impact Railroad Schools wParcels-Meridian 4%, SH-16 Proposed Alignment (A Meridian Parks Pathway Changes ,el '7 Change or addition I e Park E-V I C-TQ R Y-R D 0 0.13 0.25 05 solosson:_ Miles 15 -- 1 Pathways Update 2023 1 1 \ _ L, --_----_-� Legend Z W� �1 -'- _ e -•-Alternative Route (ro 1 -, L I F 1 _ -- - - •\_ —Existing Pathway 1 1N,Ilk ----Long-Term Route I Micro Path 1 % i �`,♦` —On Street Route 1 1 �•� --- se W+AMITY-RU --�— Proposed Pathway ♦♦♦`\\ i 1 ' \'` r 1 Area of City Impact i' •\ 1 {' —Railroad \oX ------- \ -----I 1 i 1 Schools ( �� ,♦♦ 4- �i Parcels-Meridian SH-16 Proposed Alignment K �� ♦ i�_ Meridian Parks Pathway Changes i 1 l Y l � U ♦♦j _- �� 1 Change or addition N I 1 `\ W E I 1 1 � � ` ---- W+LAKEwHAZELFRU-- - ----------------------------------- —N'/ ,�6 0 0.13 0.25 0.5 Miles W VICTORY RD ` - Pathways Update 2023 — + � ♦ � � iCW Legend � � i � ♦♦ V i �, - - Alternative Route ♦ i � `♦♦ � >i� ` �\ —Existing Pathway p ♦� Long-Term Route `♦It r �♦ r —Micro Path to I 1 i ♦ 1 ♦♦`�' ♦♦i On Street Route 1 W AMIIT�Y RD - - ��♦1� --- Proposed Pathway=AMITY RD 1 I , ♦ r 1 Area of City Impact 1 I 1 ♦♦♦ — Railroad -� 1 1 �.♦` i 1 ♦ Schools '�a.�"�1I� ��--.♦ i _.. Parcels-Meridian I� ♦ 1 i !y i i — . —SH-16 Proposed Alignment 01- ------- Meridian Parks ' -'j 1 ♦t�l - i i Pathway Changes i i 1 �♦ i Change or addition 1 ♦ , 1 � 1 1 —'-----------_-� 5 1 ,I^---- ♦�� .mot � ;. WLA'KE•HAZEL-RD,�iI.®i, - 0 0.13 0.25 0.5 17 1 II1 Miles I c n-rrr;- 1 E-VICTORY RD , T � � ii I� � Pathways x AIM � ��. -- ;— Update 202 3 LLI W m _. W �- 1 ? ILI`�;�1A \ rk -- 1 II l�r R nawance Uj Q Legend 1 --- Alternative Route Existing Pathway 1 �. �J-- I � [� _.. - Long-Term Route 1 ♦ -= f AT w —Micro Path On Street Route i --- E-AMITY-RD - - - --- '--Proposed Pathway Ir I Area of City Impact _ Railroad _e r - LLLUJ � Schools _ Parcels-Meridian N lu -� —SH-16 Proposed Alignment Meridian Parks .v ti �X Pathway Changes Change or addition AA 1 i 1 1 1 I 11 E-�AEzH AZE-RDI o 03 azs osL Mies 18 i 1 Pathways Update i 1 2023 Legend �rrs' I Alternative Route i � 1 jlB ff�ffffll; JJ_ ' 1 —Existing Pathway ----Long-Term Route w it ' Micro Path ��' ; On Street Route --------—E=A6Y—RD-1 1 --- Proposed Pathway 1 1 r 1 Area of City Impact Railroad sdale 1 Schools —1 1 Parcels Meridian SH-16 Proposed Alignment 1 Meridian Parks r 1 1 1 Pathway Changes Change or addition -}]ff}INtf' 1 1 N F E=L-AKE HAZEL' 1 I \ :.. _ RD---=-� 0 0.13 o2s 0.5 19 -. - 1 —---—---------———— --— MOas � 1 �- W�L-AKE�HAZEL—RD 1 1 � Pathways 1 1 a Update 1 - 2023 rL r—aaa.. 1' 1 Legend ---Alternative Route 1 1 —Existing Pathway 1 1 ----Long-Term Route 1 1 1 —Micro Path 1 1 1 1 1 —On Street Route 1 1 - ---Proposed Pathway 1 1 r 1 Area of City Impact 1 1 1 1 ---Railroad 1 1 Schools 1 1 Parcels-Meridian 1 1 SH-16 Proposed Alignment 1 1 - 1 1 Meridian Parks 1 ' Pathway Changes 1 1 Change or addition 1 1 1 1 N 1 - 1 1 1 W+E 1 1 s 1 1 n `aa taa aaa aaaa aaaaaaaa�aa aaaaaaa aaa� 0 0.13 0.25 a5 no miles 1 1 ---- - _— 1 .KE HAZEL RD ----- - r� Pathways Update W iIIIi�IJ�Hiig, w 2023 .JA 1 Legend 1 , vl - Alternative Route Existing Pathway 1 - ----Long-Term Route 1 i —Micro Path 1 -- `, On Street Route , 1 - EaCOLUMBIA-RD ��s '--Proposed Pathway 1 1 r 1 Area of City Impact 1 � Railroad 1 1 1 Schools 1 1 Parcels-Meridian 1 1 ; 1 1 SH-16 Proposed Alignment 1 1 Meridian Parks 1 - - - - - - - -9s -+ Pathway Changes 1 1 Change or addition 1 1 1 \ 1 N 1 \ 1 W E 1 1 --I1 5 n.t 0 OJ3 O25 0.5 L 1 Miles ELAKE A�EL>RD �� Pathways I: Update 1 Z�Z � 1 3 ■ 1 w 1 Legend L 1 - - Alternative Route Existing Pathway �` `� • 1 ' ----Long-Term Route -, �`k` ; 1 —Micro Path / 1 1 On Street Route - Proposed Pathway f=COL-UMBIA RD- �, ; '- P i r 1 Area of City Impact r 1 1 1 � 1 Railroad r It Schools ❑ \� /� \' i ; ��` Parcels-Meridian r SH-16 Proposed Alignment Meridian Parks JL—E-HWBBA t 1 Pathway Changes Change or addition 1 � 1 1 1 " 1 1 w�E 1 1 1 1 5 1 1 nn `..............��>•�� 0 0.13 025 0.5 LL Miles E IDIAN;--- AGENDA ITEM ITEM TOPIC: EXECUTIVE SESSION