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HomeMy WebLinkAbout2023-10-17 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, October 17, 2023 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilman Brad Hoaglun Councilman John Overton Councilwoman Jessica Perreault Councilman Luke Cavener Mayor Robert E. Simison ABSENT Councilman Joe Borton ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Cavener. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener 1. Approve Minutes of the September 26, 2023 City Council Work Session 2. Approve Minutes of the September 26, 2023 City Council Regular Meeting 3. Approve Minutes of the October 3, 2023 City Council Work Session 4. Approve Minutes of the October 3, 2023 City Council Regular Meeting 5. Chipotle Shell (Medina Subdivision) LDIR-2023-0035 Water Main Easement (ESMT-2023-0137) 6. Franklin Parking Expansion Sanitary Sewer and Water Main Easement (ESMT- 2023-0133) 7. Meridian Commerce Park Building J Water Main Easement No. 1 (ESMT-2023- 0130) 8. Meridian Commerce Park Grand Mougul Drive Phase 1 Water Main Easement No. 1 (ESMT-2023-0141) 9. Meridian Commerce Park Grand Mougul Drive Phase 1 Sanitary Sewer No. 1 (ESMT-2023-0140) 10. Meridian Movado Village Subdivision Sanitary Sewer and Water Main Easement No. 1 (ESMT-2023-0138) 11. Meridian Movado Village Subdivision Sanitary Sewer and Water Main Easement No. 2 (ESMT-2023-0139) 12. St. Luke's Consolidated Service Center Sanitary Sewer and Water Main Easement (ESMT-2023-0112) 13. Findings of Fact, Conclusions of Law for Windrow Neighborhood (H-2023-0031) by Conger Group, located at the northeast corner of S. Linder Rd. and W. Amity Rd. 14. License Agreement Between the City of Meridian, Meridian Development Corporation, and Nampa & Meridian Irrigation District 15. License Agreement between the City of Meridian and the Nampa and Meridian Irrigation District for Pathway along the Creason Lateral to be built with the Lennon Pointe Subdivision 16. Memorandum of Understanding Between the City of Meridian and Meridian Firefighters IAFF Local 4627 for Implementation of Certain Provisions of the 2023- 2026 Successor Collective Labor Agreement 17. Subrecipient Agreements between the City of Meridian and the Boys and Girls Club of Ada County, Idaho, Inc.; the City of Meridian and Family Advocacy and Education Services; the City of Meridian and Jesse Tree of Idaho; the City of Meridian and Neighborhood Housing Services, Inc.; and a First Amendment to the Subrecipient Agreement between the City of Meridian and Neighborhood Housing Services, Inc. 18. Fiscal Year 2024 Net-Zero Budget Amendment in the Amount of $482,362.00 to accept the Fiscal Year 2024/Program Year 2023 Community Development Block Grant (CDBG) Award 19. Resolution No. 23-2419: A resolution vacating a 20-foot by 20-foot Meridian City water easement located along the northeast corner of Lot 5, Block 3 of Gramercy Subdivision No. 1, being more particularly described in Exhibit "A"; and providing an effective date. 20. Resolution No. 23-2420: A resolution of the City Council of the City of Meridian, Idaho, setting forth certain findings and purposes to declare surplus property and authorizing the donation of certain computer and equipment to Computers for Kids and the Ada County Humane Society. ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 21. Biosolids Project Update 22. Fiscal Year 2024 Budget Amendment for the not-to-exceed amount of $144,900.00 for Mary McPherson Elementary Pathway Approved Motion to approve made by Councilman Overton, Seconded by Councilman Cavener. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener 23. Lakeview Golf Course Fiscal Year 2023 Financial Performance, New Fiscal Year 2024 Fees, and Projected Outcomes 24. Ada County Highway District Capital Roadway Improvement Guide (Matrix) 25. Black Cat/McMillan Intersection Cost Share Discussion ADJOURNMENT 5:33 PM Meridian City Council Work Session October 17, 2023. A Meeting of the Meridian City Council was called to order at 4:31 p.m. Tuesday, October 17, 2023, by Mayor Robert Simison. Members Present: Robert Simison, Brad Hoaglun, Luke Cavener, Jessica Perreault, Liz Strader and John Overton. Members Absent: Joe Borton. Others Present: Chris Johnson, Bill Nary, Brian McClure, Laurelei McVey, Mike Barton, Caleb Hood, Chris, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE _X_ Liz Strader Joe Borton _X_ Brad Hoaglun _X_ John Overton _X_ Jessica Perreault _X_Luke Cavener X Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is October 17tn 2023 at 4:36 p.m. We will begin this afternoon's work session with roll call attendance. ADOPTION OF AGENDA Simison: Next item up is adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we adopt the agenda as published. Overton: Second. Simison: Have a motion and a second to adopt agenda as published. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted. MOTION CARRIED: FIVE AYES. ONE ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the September 26, 2023 City Council Work Session Meridian City Council Work Session October 17,2023 Page 2 of 22 2. Approve Minutes of the September 26, 2023 City Council Regular Meeting 3. Approve Minutes of the October 3, 2023 City Council Work Session 4. Approve Minutes of the October 3, 2023 City Council Regular Meeting 5. Chipotle Shell (Medina Subdivision) LDIR-2023-0035 Water Main Easement (ESMT-2023-0137) 6. Franklin Parking Expansion Sanitary Sewer and Water Main Easement (ESMT2023-0133) 7. Meridian Commerce Park Building J Water Main Easement No. 1 (ESMT-2023-0130) 8. Meridian Commerce Park Grand Mougul Drive Phase 1 Water Main Easement No. 1 (ESMT-2023-0141) 9. Meridian Commerce Park Grand Mougul Drive Phase 1 Sanitary Sewer No. 1 (ESMT-2023-0140) 10. Meridian Movado Village Subdivision Sanitary Sewer and Water Main Easement No. 1 (ESMT-2023-0138) 11. Meridian Movado Village Subdivision Sanitary Sewer and Water Main Easement No. 2 (ESMT-2023-0139) 12. St. Luke's Consolidated Service Center Sanitary Sewer and Water Main Easement (ESMT-2023-0112) 13. Findings of Fact, Conclusions of Law for Windrow Neighborhood (H- 2023-0031) by Conger Group, located at the northeast corner of S. Linder Rd. and W. Amity Rd. 14. License Agreement Between the City of Meridian, Meridian Development Corporation, and Nampa & Meridian Irrigation District 15. License Agreement between the City of Meridian and the Nampa and Meridian Irrigation District for Pathway along the Creason Lateral to be builtwith the Lennon Pointe Subdivision 16. Memorandum of Understanding Between the City of Meridian and Meridian Firefighters IAFF Local 4627 for Implementation of Certain Provisions of the 2023-2026 Successor Collective Labor Agreement Meridian City Council Work Session October 17,2023 Page 3 of 22 17. Subrecipient Agreements between the City of Meridian and the Boys and Girls Club of Ada County, Idaho, Inc.; the City of Meridian and Family Advocacy and Education Services; the City of Meridian and Jesse Tree of Idaho; the City of Meridian and Neighborhood Housing Services, Inc.; and a First Amendment to the Subrecipient Agreement between the City of Meridian and Neighborhood Housing Services, Inc. 18. Fiscal Year 2024 Net-Zero Budget Amendment in the Amount of $482,362.00 to accept the Fiscal Year 2024/Program Year 2023 Community Development Block Grant (CDBG) Award 19. Resolution No. 23-2419: A resolution vacating a 20-foot by 20-foot Meridian City water easement located along the northeast corner of Lot 5, Block 3 of Gramercy Subdivision No. 1, being more particularly described in Exhibit "A"; and providing an effective date. 20. Resolution No. 23-2420: A resolution of the City Council of the City of Meridian, Idaho, setting forth certain findings and purposes to declare surplus property and authorizing the donation of certain computer and equipment to Computers for Kids and the Ada County Humane Society. Simison: Next item up is the Consent Agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move approval of the Consent Agenda and for the Mayor to sign and Clerk to attest. Cavener: Second. Simison: 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: FIVE AYES. ONE ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There are no items moved from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] Meridian City Council Work Session October 17,2023 Page 4 of 22 21. Biosolids Project Update Simison: So, next we will go to Department/Commission Reports and first one up is Item 21, the Biosolids project update. Turn this over to Ms. McVey. McVey: All right. Good afternoon, Mayor and Council. What's more exciting than biosolids? I'm not saying. Simison: Wait was -- were you starting off with a joke? McVey: Oh, no. I can't see it on here. Oh. That's easy. All right. It's not moving. Okay. Perfect. All right. So, you may remember back in 2021 we started looking at potential projects that would be eligible for use with the city's allocated ARPA funding. So, when we first started that we looked at really three high level things. So, would the project be eligible under that federal funding? Would the project be designed and constructed by the end of 2026, because that's a hard requirement of this funding and, then, based on what we knew internally would the ROI be a long-term favorable impact to the city. So, with that in mind a couple of the Public Works projects that moved forward were the biosolids dryer and the biogas utilization project. So, we have received more information on both of those and I'm here to present our recommendations for moving forward. So, starting with the biosolids dryer. So, we have a five million dollar placeholder of the ARPA money for this project. So, I know you guys all know what biosolids is, but for anybody listening in it is the solid end product of the wastewater plant. So, it's a really nutrient rich soil like material. So, today we produce a little over 10,000 tons and that is currently hauled to the Ada County Landfill. There is two parts to our disposal of this material. The first is the cost to dispose of it at the landfill. That cost recently just went up from 29 dollars to 32 dollars a ton and we are also charged a fee to haul it up to the landfill. Currently we contract with a third- party hauler and that costs us about 3,000 dollars a week. You may also remember back in the beginning of 2022 1 came to you and asked to purchase our own truck and trailer, knowing that it would save us significant money over the long term, but also knowing that those had a really long lead time. Well, I'm really excited to tell you our truck is in the Treasure Valley and our trailer is slotted to be built the end of December. So, we are hopeful that we will start hauling at the beginning of February, but we weren't kidding when we said long lead time on those. Important to know that any ROls that we did on the dryer we used our -- our in-house hauling as the baseline for that. So, we weren't double dipping on the ROI for that. We looked at -- the types of dryers we looked at -- we wanted to reduce the volume of the biosolids by four to one, so that reduces both the disposal cost of the landfill and, then, also the hauling trips. So, even if we are self-hauling, reducing that volume is important, because it reduces staff time, it reduces travel time, emissions, fuel. So, there were two main types of dryers that we looked at. We wanted to make sure that whatever dryer we chose that it could meet the dryness requirements, that it would fit on our site. We wanted to look at the initial capital costs and, then, also the ongoing operational costs. We looked at the complexity of the equipment and whether or not staffing would be required and we also looked at expandability. So, as we continue to grow in the future could we add on to Meridian City Council Work Session October 17,2023 Page 5 of 22 this. So, primarily two types of dryers rose to the top. The first is a thermally enhanced solar greenhouse. So, it's just like a greenhouse, but it has a metal floor that you put heat into, which helps accelerate the drying and the other one was a thermal belt dryer and that's where an external heat source, in this case heated air, is passed over the solids as it goes over a belt. Both technologies would work, but the primary distinction that made us turn away from the belt dryer and go towards the solar greenhouse is capital cost. So, the thermal belt dryer has to go inside of a building, so significantly higher capital costs -- about three times as much as the solar greenhouse dryer. The belt dryer is more complex and so would also require additional staffing needs. So, we moved forward with the solar dryer for further analysis. So, it's really a quite simple operation, which is pretty neat. It's very effective. We made sure to look at it in Meridian's climate, so would it work in the winter, the summer, do we get enough solar heat? It's kind of neat. We are looking at a circular design. This would be one of the first in the country versus the rectangular design. It cuts footprint and cost. So, that's pretty cool. You can also see it really easily fits another one in the future. So, that spot on the map is where we currently store our biosolids before it goes to the landfill. So, perfect location, not a lot of material handling and we have several sources of the external heat so the heat that you put in the floor to make it work more efficiently. You can put in solar collectors. You can use the excess bio gas that we flare today. Or you can use natural gas. So, we have plenty of excess bio gas, which we will talk about, and so our recommendation would be to use that. There is no cost for us to use that excess bio gas and it would greatly benefit this -- this process. So, like I mentioned we had an initial estimate of about five million dollars of ARPA funding. This more detailed analysis is putting us right in at the 4.6 million dollar range, so we are right in that -- that bucket where I think that that -- that funding will be sufficient. The ROI on this is very positive, so it will result in a savings of between 250 and 300 thousand dollars a year today. That's what self-hauling, that's with the landfill costs as it is. One of the other benefits is that this technology allows us to produce a higher classification of biosolids and what that means is that in the future if something like compost or land application became beneficial to the city we could utilize our biosolids for that use. Another thing that this does is, you know, with the concerns with landfill life span and landfill -- the landfill filling up, this is a really positive way that we can reduce our volume of what's going to the landfill. So, our recommendation is that we proceed with completion of this project. I think it's a really positive project for not only our operations, our financials, our environmental impact, it's a -- it's a really exciting I think project. So, switching gears a little bit to talk about the biogas project. So, with this one -- Simison: Laurelei, would you mind if we just stop there for any questions Council -- McVey: Sure. Simison: -- may have specifically about that project. Cavener: Mr. Mayor? Simison: Councilman Cavener. Meridian City Council Work Session October 17,2023 Page 6 of 22 Cavener: Laurelei, just one question. Just curious the -- the greenhouse's ability to retain aromas versus the enclosed facility, what's -- what's the difference between the two? McVey: So, they are -- the -- our consultant actually thinks that the odors will be better than what they are today with the biosolids just out on the pad. So, they are not recommending any auxiliary odor control for this, but it could be added on to either facility in the future if -- if that was deemed, but they anticipate it being an improvement over what we have today. Cavener: But do we know what the improvement is? Again, I'm supportive of the greenhouse approach from a ROI, but just also trying to understand -- like is it ways and light years better than if it's on the -- on the belt dryer in an enclosed building versus the -- the greenhouse? I mean what's -- what's the difference between the -- the aromas that come from each of those facilities? McVey: So, Councilman Cavener, I believe they would be similar, because it's similar -- similar drying, similar process, it's just the greenhouse is less mechanically complex. Cavener: Thank you. Simison: So, Laurelei, is it from -- when you are showing the -- what the current haul ton -- tonnages? What's the difference in the tonnage post-completion of project estimated to be? McVey: So -- Mr. Mayor, so it's about a four to one reduction. So, today we haul seven times a week up to the landfill. They expect -- we expect that to decrease to one to two times per week. I don't know off the top of my head what that weight is, but -- Simison: But maybe 20 -- I'm just going by the number 2,500 to 3,000 tons compared to the ten thousand tons roughly. McVey: Yeah. Simison: Okay. All right. Thank you. Any other questions on that project? Okay. Thank you. McVey: Okay. So, switching gears to biogas, still related to our biosolids, but our biogas is the natural byproduct of our digestion process. So, it's primarily methane and today we flare -- or we use about 40 percent of our gas to heat the digesters to make the digestion process work. About 60 percent of our gas is just flared to the atmosphere under our air permit. So, what we looked at was a project that would take the gas -- and digester gas is a really dirty gas as far as the -- the cleanliness of gas goes, so you have to do a lot of pretreatment to it. You have to remove sulfur -- or hydrogen sulfides, moisture, siloxanes, particulates to be able to put it into an engine generator. So, this process would first clean the gas and, then, it would compress it and put it into an Meridian City Council Work Session October 17,2023 Page 7 of 22 engine to generate power. One of the challenges of this project is that the process is highly mechanically complex and requires a lot of staff time to keep this up and operational and, then, one of our biggest challenges when we looked at this further is the cost of equipment has gone up significantly from what we were anticipating. So, we were estimating about a 1.55 million dollar placeholder for ARPA. The equipment itself was coming in at between 4.9 and 7.4 million dollars. So, that in itself makes the ROI really challenging. The other piece is that because this is mechanically complex it's -- we would anticipate needing another FTE to deal specifically with this piece of equipment, keeping it operational and working. So, between the cost of the building and, then, when we ran the ROI -- power is really cheap in Idaho and that -- that makes the ROI challenging. So, between the operation and maintenance and the FTE, when that's offset with the power savings that you would get, it would cost us about 130,000 dollars annually to operate this equipment. So, it's not recommended that we install it at this point. It doesn't make financial sense for us. That's not to say that in the future it's not a good technology. If electricity costs continue to go up or equipment costs come down, definitely a good use of that excess gas. One of the other things, too, though, so, you know, we are not just going to be flaring all of that excess gas anymore, is -- so, this is the graph for the biosolids dryer that you just saw. So, the -- the green lines represent how much of the gas we need to use to heat the digesters. The blue is what was currently -- or I guess the gray line is what is currently flared off today. So, the -- the blue bars are what is -- would be used by the dryer. After we install the dryer what will be flared is the difference between the blue bars and the gray bar. So, significantly less flaring. Definitely great use of that to make the -- the solar greenhouse work more effectively. So, we are really excited, because by putting in the dryer we still will be able to use -- beneficially reuse much more of the gas than we are using today. So, our recommendation is to commit and continue to the biosolids project with the five million dollar ARPA placeholder and, then, our recommendation would be to cease the bio gas project and return that money back to the ARPA -- the city's ARPA fund for use on another city project. So, I don't think I need official approval from you guys on anything today, but just more looking for your general buy-in that this is a good direction forward, commit to the biosolids project. One of our challenges with the ARPA funding is these projects have to be done and completed and spent by the end of 2026. So, we do have to -- to get it moving to get it constructed in that time frame. So, with that I will stand for any additional questions. Simison: Thank you, Laurelei. Council, any questions? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just some comments. I have spent a lot of time with Laurelei on this and really appreciate the hard work that the team put into understanding these two projects. You know, I think this is what our clean energy resolution is all about is doing the right thing for the environment when it makes financial sense for the city; right? And it's at least neutral, if not positive for the taxpayer. Clearly the bio gas project isn't as fruitful Meridian City Council Work Session October 17,2023 Page S of 22 as we initially thought, but I love that we can use the bio gas to make the biosolids dryer facility even more successful. I think it -- it looks like it's even better than we initially thought and that it will actually accomplish a lot of things for the city. So, I'm really excited about it and I know you were joking about how, you know, maybe it would be a boring topic, but I think this is one of the most exciting topics and I'm really just so enthusiastic about it and appreciate everyone's hard work on it, because it's going to help us so much in the future. Thank you. Simison: Thank you. Council, any additional comments, concerns, thumbs up? All right. We look forward to seeing this come forward through budget amendments and contracts and all the fun stuff. McVey: Thank you. 23. Lakeview Golf Course Fiscal Year 2023 Financial Performance, New Fiscal Year 2024 Fees, and Projected Outcomes Simison: Thank you. Speaking of budget amendments, next item up is Item 22, which is a fiscal year 2024 budget amendment in the not to exceed amount of 144,900 for Mary McPherson Elementary pathway. Mr. Barton. Barton: Thank you, Mr. Mayor, Members of Council. I'm here presenting a budget amendment for 144,000 dollars -- 144,900 dollars, like the Mayor said, that will fund the pathway connection between Mary McPherson Elementary and Reflection Ridge Subdivision. Just as a note on the memo, it says that we have a license agreement to build the pathway across this property. We don't quite have that yet. I thought we would, but there is some final legal edits that we are doing. Just as of today they have been -- they have been finalized, it's a matter of just sending a clean copy back to Simplot and -- so I'm -- I'm confident. We -- we did have a discussion on should we pull this and bring it back, but we are confident enough that the license agreement will be in place shortly, so we would like to move forward with this. We bid the project. We have a contractor on board that's ready to start shortly after Thanksgiving, so we can get this in, the kids can use the pathway going back and forth to school mid-December -- you know, after Christmas break in the spring. So, with that I will stand for questions. Simison: Thank you, Mr. Barton. Council, questions? Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Great job. This is one of the intersections -- well, one of the areas that came out in our intersection safety task force is identified for needing additional ways for kids to get to that school, because around it on both sides we have no sidewalks and this helps greatly up until the time we get those sidewalks and those developments come Meridian City Council Work Session October 17,2023 Page 9 of 22 through. So, I think it's a fantastic idea and I'm so glad that we got the approvals to make this happen. Barton: Thank you. We appreciate the opportunity to get it done. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Mike, it sounds like you got a plan. I always get a little nervous when you don't have every last dot on an I and a T crossed. Barton: Yeah. Cavener: Council grants the budget amendment, something goes upside down with the license agreement, what happens? Barton: We won't spend the money, it will be returned to the General Fund. Cavener: Okay. Simison: That -- ditto on that. So, without a license agreement we are not going to spend these dollars. Cavener: Well, I -- I -- I knew that would be the case, I just -- I wanted -- blood pressure goes up just a scosche each time we talk about these things, so -- no concern on my part. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you. Mike, I apologize if I missed this, but this is -- this pathway is going along the lateral; correct? And was there any fencing needed or discussed or included in this? Barton: Yeah. Mr. Mayor, Council Woman, that's a great question. This lateral right there is about eight inches deep and maybe three feet wide. So, if -- if there is -- you know, I mean that would be a concern for sure if there is school-age children walking without fencing next to a -- like a canal, but anybody that would have a problem with that much -- that shallow water shouldn't be out there alone. Simison: And correct me if I'm wrong, but if there is a desire for a fence that's something that we would approach West Ada about helping I believe were the conversations. Meridian City Council Work Session October 17,2023 Page 10 of 22 Barton: There is an -- there is one -- one area that's more easily accessible than -- than another and that area was talked about with fencing. I mean the entire -- if -- if West Ada thinks so that would be -- it would be on them, but it's almost a thousand feet of fencing, so I don't know if that's in their plans are not, but I -- but I'm -- I'm confident that it's not an attractive nuisance or a danger to elementary school kids that are walking there. It's -- it's really -- honestly, it's really this deep. Simison: I would just like to echo -- A, I -- I think Dave's upstairs watching. I know that he was actually talking with Emily right before we came down still trying to work on some of these elements. But I really want to just give him a -- much appreciation for his work with Simplot and the school district and helping -- and the irrigation district. I mean Dave's the -- especially when it comes to irrigation district, the gift that keeps on giving in a lot of ways, but it was also his coordination with Simplot to help get the parties in the room to help make this conversation. So, thank you, Dave, for that and thank you to the team for getting this all put together and ready to go to work and we will get the legal work done and we will get a pathway connected, especially in light of the ongoing dialogue around Brian's favorite intersection of Amity and Locust Grove and not knowing the future, honestly, of when or how that will ever manifest itself. So, this is more important for that reason as well. So, thank you. Barton: You're welcome. Simison: All right. If not do I have a motion? Overton: Mr. Mayor? Simison: Councilman Overton. Overton: I move that we approve the fiscal year 2024 budget amendment for the not to exceed amount of 144,900 dollars for the Mary McPherson Elementary pathway. Cavener: Second. Simison: Have a motion and a second to approve the budget amendment. Is there any discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, absent; Cavener, yea; Perreault, yea; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and the item is agreed to. Thank you very much. MOTION CARRIED: FIVE AYES. ONE ABSENT. Barton: Thank you. Stand here for the next one. Meridian City Council Work Session October 17,2023 Page 11 of 22 24. Ada County Highway District Capital Roadway Improvement Guide (Matrix) Simison: All right. Next item up is Item 23, Lakeview Golf Course fiscal year 2023 financial performance, new fiscal year 2024 fees and projected outcomes. Mr. Barton, back to you. Barton: I'm going to stay right here. Mr. Mayor, Members of Council, thank you. We wanted to give you just a -- a brief preliminary report on the financial outcome of FY-23 at the golf course. These numbers are not final yet. We still have some bills coming in at the end through September that need to be paid. The revenue is final. The bills might not be. So, these numbers will fluctuate a little bit, but overall things are very positive. We had a really good year at the golf course and kind of keeping in that -- keeping with that tone we have developed a proposal for new fees going forward. The new fees that you have in front of you are a -- a four percent to this season passes and then -- and, then, how -- and -- and just a little bit of a back story on how we arrived at these fees. So, it's a four percent increase to the passes to keep up with inflation. What we did to the greens fees is we -- we went and we looked at our competitors, we went to what the full market would suggest we charge and we cut that in half. We didn't want to hit people with that shock, we thought maybe that that would also have maybe a counter effect and have effect negatively on the amount of rounds, the volume of business there, so I think that the fees that we have are a solid proposal. We anticipate some good numbers going forward and I think with that I will stand for questions. Simison: All right. Thank you, Mike. Council, questions? Cavener: Great work to the whole team. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Not a question, but a comment. A compliment. I think we are starting to see and reap the rewards of all the hard work that's gone in by all of the park staff at the golf course. So much good inputs come from the neighbors on everything you guys have done and I know that's got to play a part in how much more popular and how much more use it's getting and it's a testament to all the hard work that you guys have put in. Thank you. Barton: Thank you. And I -- I agree. These men back here are -- do a lot of -- a lot of the heavy lifting. It's -- it's great. So, we will be happy to answer any more questions, but we don't need any formal action tonight. We will notice these fees and come back in a public hearing in a couple of weeks. Simison: Okay. Thank you. And echo the sentiments of Councilman Overton to the whole team and look forward to the continued improvements investment and also Meridian City Council Work Session October 17,2023 Page 12 of 22 getting it to a market rate that works great for everybody involved and recovers the cost that we are trying to recover up there. Barton: Thank you. 25. Black Cat/McMillan Intersection Cost Share Discussion Simisom Thank you. Okay. With that we will move on to Item 24, Ada County Highway District Capital Roadway Improvement Guide Matrix. Turn this over to Mr. McClure. McClure: Thank you, Mayor. I'm here to discuss the ACHD Capital Improvement Guide with you tonight. I will likely drift back and forth calling this the guide and the matrix. Habit. So, I'm sorry in advance. Staff have been working on this project with the consultant and ACHD since April of this year. This is a project overview. Cover the background, policy framework, the guide, which is three parts and, then, next steps. Just a little bit of a forewarning. I think Caleb's online, but I'm helping cover the next item as well and since these two relate I will sort of drift to the next item, which is the Black Cat and McMillan roundabout intersection. This is a very brief overview of the city's involvement in ACHD capital improvement projects. This guide is for roadway and intersections only. There is other types of ACHD capital projects that we aren't discussing, such as bridges. Once initiated projects on average are five or so years. That includes concept design, design, right of way and, then, start of construction. In this period a lot of change occurs. There isn't a project that I have been involved with for a decade for a section line mile of roadway that hasn't seen a lot of change. Major changes are sometimes political, sometimes the engineering and there is also smaller changes, like cost, timing, construction materials and there is all sort of interact overlap. There are several interrelated reasons for this matrix. The first is that ACHD will not or cannot install landscaping. There is opportunity to enhance roadways and meaningfully address speed management and user comfort for all users that they can't explore. The cost share allows the city to support enhanced projects by committing to project features that affect project design, construction and bidding. They are willing -- they, being ACHD, are willing to reimburse us for features that don't -- that they don't otherwise have to install. For example, concrete. And -- and that work towards the common goal and otherwise unachievable without a partnership. Maintenance is usually something that the city takes on for soft scape that is not storm water related. Our goal with this project is to enable better communication earlier to establish expectations, to help Council get a better idea of what the commitment is and why and to help address project needs and, importantly, have an agreement with ACHD completed before we get too far along in the -- in these. As mentioned before, the matrix is really three parts. The introduction. This is really documenting the process. You have a copy before you, then, I also sent you a PDF last week and, then, Chris will have it on Laserfiche later. Things get lost and forgotten. The interagency institutional memory is something that we struggle with and, then, also just the process. This also highlights opportunities for the city and ACHD to actually partner, not just towards different goals, but the same one. A lot of focus in this work is how the city can expand tools unavailable to ACHD to improve safety, to create more consistent traffic flow and Meridian City Council Work Session October 17,2023 Page 13 of 22 generally just to make a better project. Vertical elements in the street are one of the best ways to do these, but the options to ACHD are often limited, ugly, or more costly for less impact. Most of this is really for staff, both city and ACHD. The concepts are both a communication tool for staff and, then, decision makers. That's the second part of this. City Council -- I'm sorry. It just helps with understanding and, then, to better address cost share, which, again, I will be following up with this shortly for the Black Cat and McMillan intersection. The appendix is really something of a white paper. It's why we think this is important and it helps to bridge some gaps that engineering is currently -- kind of struggles to address. But it is things that other disciplines understand, how -- how people interact with their space. So, this here is a matrix. One of two, actually. This one is for the roadway. There is a companion one for the intersection slash roundabouts. The other -- this is really the primary communication tool for staff. What's most helpful for -- for us. Over the years ACHD's changed their standards. Multiple councils and commissions have come and gone and staff have changed. So, this is really intended, again, just to keep hitting this point. Improve consistency. The matrix starts on the left column here. This identifies the general sort of cross-section we are looking at. So, whether there is a median, no median. Broadly speaking here level one is not bad and level four is not good. These are just levels of effort and different conditions may warrant different needs. The second column here is the baseline improvements. This is what ACHD will do for these different cross-sections. These different cross-section project types if the city does not do anything. Typically that is stamped concrete in several different colors and they are also increasingly doing some metal barriers. This one here -- so, levels one through four. These are the levels of participation that the -- that the staff sees the city sort of getting engaged with these projects. The city would receive cost share credits for all of these described in the matrix. Level one represents minimal or immediate cost with cost share covering most of the city's cost and, then, the city covering great -- greater maintenance over a period of time. Level two and three are generally sort of the same level of effort, but different. One focuses more on hardscape and physical improvements, like poles. The other one focuses on landscaping. And, then, level four is more intensive, both initial cost and the maintenance. As an example, most of an HOA landscape buffer for level four, as an example, that might be used as when an HOA's landscape buffer is largely removed from a project when enough right of way isn't preserved. This would provide an opportunity in roundabouts and medians to sort of restore some of that community identity. If it's not clear right now consistency is a big part of this. Design influences are intended to be similar, reflecting constraints, size and, then, speed management across all levels. This here is an example of a cross-section and a cut sheet. A lot of the design influences -- these have been driven by historical influences, such as staff experience and also recent council conversations, such as the Ustick corridor. Rhythm, repetition and spacing and other elements are all important in all of these and they all have a shared sort of thematic. We had good support from ACHD in all of these and they are eager to use these. On the left are basic descriptions. The intent of these is to identify the spacing of the surface treatments. In the middle is a simple CAD perspective rendering and, then, below are some descriptions of the general improvements. Most of these things are on the cut sheets. They are just -- these cut sheets -- or on the matrix these cut sheets just help to sort of depict them. We have Meridian City Council Work Session October 17,2023 Page 14 of 22 one of these cut sheets for every cell on both of the matrices, so the roadway and the -- the landscape -- I'm sorry -- the intersection roundabouts. In contrast, which staff usually have to discuss with Council, our general ideas, construction drawings and sketches or delineation of responsibilities or the conversation is happening very late in the game, such as the next project with Black Cat and McMillan. Level one is generally what staff is going to be looking towards for standard arterial roadways. Meetings with vertical elements and landscaping have the largest potential to reduce the feeling of -- of massive boulevards, so just lots of asphalt and lots of concrete. More broadly, level one to four all look and feel similar. It's more about the number of things going into a space, the complexity. It's going to be context sensitive and staff recommendation is generally going to come down to what is needed for speed management, rehabilitation of landscaping being removed and, then, other community needs. I -- I will now drift a little bit into the Black -- a lot into the Black Cat and McMillan, which is the next item. Staff brought this project to Council -- specifically, rather, Caleb brought this project to Council on July 25th to discuss potential landscaping elements. Council expressed an interest in including some landscaping, but wanted to hear more about a consistent palette of materials to be used throughout the city. The proposed design here at a very high level includes a multi-lane roundabout with truck apron, multi-use pathways with crosswalks and rectangular rapid flashing beacons for each of the pedestrian crossings. As alluded to earlier, staff is moving towards a level one participation in the matrix for this project. This would provide a consistent thematic for the primary roundabouts, as other new and planned roundabouts are in the city and, then, where possible also provide some additional interest in the buffers. These are low maintenance and low water use designs. Since this project is still living in the past a bit, it's -- it's a -- it's an older project that's just -- just now working its way through. Some of the buffers are smaller and so there is going to be less opportunities here in the splitter islands, the sort of smaller medians and, then, the landscape buffers between the back of curb and the multi-use pathways. We may not be able to do as much here. For contrast, this is a level four level of effort for a roundabout. It's really just more intense landscaping, more rock features. I don't think it does anything less, especially for a smaller roundabout like this. Regardless, the city will also be asking for ACHD to restore and improve areas outside of the roundabout, so it's not bare earth. That will not be part of a cost share or -- or on the city for this. So, there is two projects sort of smashed together -- or two -- two agenda items. The -- the first sort of one was I'm looking for feedback from -- from Council on the matrix, any concerns or tweaks we can make. This is something that staff is going to be using to -- again, just for institutional knowledge if nothing else. And, then, secondly, whether there is any concern that Council has with moving forward with the level one level of effort for a roundabout design at the Black Cat and McMillan intersection. Simison: Thank you, Brian. So, Council, let's go onto Item 24. Do you have comments, feedback, questions regarding the information that's been provided? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Meridian City Council Work Session October 17,2023 Page 15 of 22 Perreault: Brian, thank you very much for these worksheets. They are really helpful to understand the differences between the -- between the different sections of the matrix. The one question I have is I can't tell the difference between cut sheet -- excuse me. A series A level one and series B level one. Could you just run through that one more time? McClure: Mr. Mayor, Council Woman Perreault, series A has a -- there is some -- so, series A has no medians with buffer strips that don't allow for trees and, then, a median -- it also doesn't allow for trees, so there is -- there is two there. So, median and no median, both that -- both that do not allow for basically parkway trees and, then, series B is median and no median that allow for parkway trees. Basically if the buffer is less than eight feet the city isn't going to generally want to do trees and if the buffer is more than eight feet we would be open to doing trees and the reason for that is ACHD requires -- for anything less than eight feet -- or anything greater than six feet, but less than eight feet, ACHD requires a root barrier, which protects -- protects a -- the -- the asphalt and the road surface and the concrete for the sidewalk or multi-use pathway from root damage. So, heating, basically, of the surface, if that makes sense. Did I answer your question? Perreault: Yeah. I think so. Thank you very much. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: What I love about this brand is a -- you took a situation where we are having a new conversation every time and reinventing the wheel and you have standardized it in a scalable way that can be used as a methodology going forward. That is like government excellence to me. That is phenomenal. So, I just want to compliment you, because this is the right approach to take to this sort of thing. I love that it's adaptive. ACHD must love it, because this takes a lot of guesswork out of the equation every single time. So, hats off to you on that. My only question was around the native plants and stuff and these are sort of an opportunity, because I think we -- we definitely didn't want each one to be the same; right? That was a -- a piece of it. We wanted a little bit differentiation, but -- but to sort of standardize it and have you guys thought about, you know, the types of plants that are helpful that -- that will thrive and all that stuff? Have you gotten into it -- you know, Mike or other people into the plants and all that stuff yet or you sort of going to iron out those details later? McClure: Mr. Mayor, Council Woman Strader, that was a conversation -- sorry, I can't see you when I talk on the mic at the same time. That was a -- that was a conversation we had with -- as a team regularly. Native plants, adapted plants, the amount of water necessary to -- to allow plants to grow. There is -- there is a cost there regardless of what we do, where even with adapted or native plants that do work here we have to have an irrigation source to water them occasionally. So, the level of effort there is sort of a wash. It's certainly something we can do. The -- the -- the purpose of this isn't to Meridian City Council Work Session October 17,2023 Page 16 of 22 specify specific plants every single time. We definitely like the idea of -- of fitting in with, you know, existing neighborhood thematics. So, if they have got a lot of red or yellow or whatever that is, more -- more deciduous, more evergreen, that's -- that's something we can definitely discuss with projects. We are just trying to have a high level awareness and understanding of what we want to do for -- for general massing, general thematic, general scale. I think we are all very much interested in -- in doing adapted plants and low water use plants, even potentially no water plants where possible, but that's a harder conversation. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I just have one more question, which is, you know, we have run into situations where HOA's have installed these like complex, very elaborate roundabouts. Would the intent going forward be in those situations to require them to follow this standard going forward? Have we sort of had those conversations or are we expecting that HOA -- or, you know, if a developer controls all four corners of an intersection and they are putting in improvements, do we expect that they will still be doing something different on their end? McClure: Mr. Mayor, Council Woman Strader, that has -- we have -- we have discussed that. There is certainly some concerns with long-term public maintenance and ownership of those types of projects, you know, when -- when the developer has gone away, but we have not discussed requiring developers to adhere to this particular effort. Strader: Thank you. Simison: So, Brian, I assume that you have mentally looked at this, but I guess my question is moving forward where do you actually see this being applied? And, then, just take like Locust Grove as an example, where you have Locust Grove essentially built from Franklin now down to Amity, but they may go back and, you know, the -- the mile from Fairview to Ustick is yet to be improved or the mile from Victory to Amity is yet to be improved. Are we looking at corridor applications where you are going to create this boulevard effect or are we looking at one mile segments? Are we thinking eventually we are going to go back and redo other segments that would have similar stuff? I'm just trying to get a sense of like -- are we going to be a patchwork of this mile gets it, then, we are not going to have it for four miles and, then, this mile gets it based on how we have already developed or otherwise or what -- what's the general thought process? McClure: Mr. Mayor, that's a really good question. So, we have heard from Council pretty loud and clear that you are interested in -- in -- in consistency, particularly for corridors. Newer corridors are going to be different. Sections of Ustick, for example, have bike lanes and ACHD has completely moved away from that. So, there is -- there is things that have just changed and will change. I think where we have opportunity for Meridian City Council Work Session October 17,2023 Page 17 of 22 these no matter what, particularly as we get into the new areas of the city, is to see the medians done, which, in my opinion, has the most opportunity for helping with speed management and, then, ACHD's always -- if they are going to -- if they are going to do multi-use pathways they are always going to have a buffer between the -- between the multi pathway and the back of curb or they can't call it a multi-use pathway. So, I think there will always be opportunities for these. The -- the -- the specific landscape improvements we put in there, it would be nice if we adhere to a -- a pallet or ran with something consistent that we have seen elsewhere in the area, but I'm not going to commit anyone to that now, but I -- I do think we can be consistent with projects moving forward as we work our way from sort of existing from -- from Victory south on Locust Grove, for example, I think we can have consistent levels of improvement out there. As I noted, I think staff is generally comfortable with level one, unless there is other -- some other reason why we need to do something else. Simison: And so -- so corridor consistency may be considered where -- we may have a project comes here to say we shouldn't do this, because it would seem to be awkward in an environment. That could be an outcome. McClure: Mr. Mayor, definitely. We -- there is -- there is always going to be -- the nature of this is there is every -- everything has an exception; right? So, I think we are going to be working with that constantly. But what we are trying to start for -- start with here is the city saying this is what we want and, then, ACHD will do their best to implement that. But you are right, there is -- there is always exceptions. Simison: Yeah. Because I can see like Black Cat hasn't been improved. McMillan hasn't been improved. Segments going forward. But if you are going to go back and do one and it's going to be completely out of character, but, you know, there is -- that can work in some situations. That's where I was really kind of going to, like, oh, yeah, we are going to recommend we go to this level, but no other mile segment on that road would have that, too. I would hope it would be justified why we would want to do one specific if we -- if we go that route. McClure: Mr. Mayor, I think an opportunity for a lot of this is to really help ACHD with speed management. They have been struggling with vertical elements, which is the way you really get there. If you look at the new section of the Locust Grove it's a highway. There is hardly any medians out there. There is no landscape buffers. It's -- it's -- I really appreciate all their effort to go out there, but it's sort of tragic that we missed that, especially when the city requested repeatedly when they were designing that to be involved. Times have changed, but -- but I -- I think that -- that would be the case of -- we can do this even if it's not consistent, because what we want to do here is not necessarily be consistent, but we want to -- we want to find a way to slow traffic down, so that when we sign it 35 police aren't constantly enforcing 45. Simison: All the residents appear to be putting up vertical barriers on their property, so they are -- they are doing what they can to slow people down, even though it won't Meridian City Council Work Session October 17,2023 Page 18 of 22 impact traffic speeds. Sorry. Side sidebar. Council, any other questions specifically on Item 24 for Brian? Cavener: Mr. Mayor, one real quickly. Simison: Councilman Cavener. Cavener: Brian, thanks for this and Council Member Strader I think brought up a good point that at least had my brain spinning and so I'm curious if the department's discussed if a -- you know, a landowner owns all four corners and they are trying to do something -- we have seen some -- the private sector do some things that are kind of creative and different, does that count towards like -- like an amenity point? Is that something that your department has considered as like -- it's not qualified open space, but it does contribute to the -- the character of the community. Definitely I think creates a sense of place. Is that something the department has explored at least recognizing in an amenity point style? McClure: Mr. Mayor, Council, Councilman Cavener, I -- I don't know. So -- Cavener: Okay. McClure: -- I -- I don't believe -- I believe there is flexibility in the amenity system. I don't know if we would allow something that's done through a license agreement in the middle of right of way to count or not though. Cavener: Okay. Hood: Mr. Mayor? Simison: The voice from the sky. Mr. Hood. Hood: It's Caleb. To potential answer Mr. Cavener's question maybe a little more directly. We have thought about it. We have not -- in a couple of instances we have not actually granted the developer any landscape or amenity points for that. In fact, some of the roundabouts that have been constructed the city hasn't even really been part of the conversation. It really is something that is negotiated between the Ada County Highway District and that developer in the right of way. So, it really is sort of outside of the development review process and -- that the city is involved with anyways and something that's, again, negotiated between the developer and ACHD. Cavener: So -- Mr. Mayor? Simison: Councilman Cavener. Cavener: Recognize that the time for debate around roundabouts is not this time and place, I -- I just -- I support when development does these types of things. I do think it Meridian City Council Work Session October 17,2023 Page 19 of 22 helps to create a -- a sense of place that I think we as a community are always trying to do and if there are opportunities down the way for the department to really explore how we could recognize that it's something that I think would warrant a future conversation. Simison: Okay. Council, any additional questions on Item 24? Then with that we will move on to Item 25 officially, regarding the Black Cat-McMillan intersection cost share discussion. Mr. Hood, did you have anything to add, since your name was officially listed for myself on this item? Hood: Mr. Mayor, thank you. Council. And thank you, Brian, for -- for covering that -- integrating that specific project into your presentation on the matrix guide. I don't have anything. There is a memo there. I apologize that I'm not there in person. I am laid up currently at home. So, apologies that I'm not there to present in person, but appreciate Brian covering for me. There are those few areas there that staff recommends. We do partner with ACHD on the level one improvements to take it above the baseline that we would otherwise get, which is, essentially, stamped and colored concrete and the Mayor just used both of these roadways as examples. I think we are setting the stage, then, for that consistency on McMillan and Black Cat both. When those roadway segments are widened adjacent we are starting that pattern down that roadway of what likely will happen in those buffer and media -- center median areas. Simison: Thank you. Council, any questions or comments for Caleb, Brian, or generally? Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. In going through that I -- I think a level one is appropriate for -- for that particular area and a lot of things I think level one is that approach. So, I'm -- I'm pleased with that. I -- I was just thinking through Councilman Cavener's remarks about, you know, credits for that and different things and I was kind of thinking, well, they -- they impact the traffic, they have to have these to make traffic flow, so I wasn't in favor of giving them any credit, but different -- different view of it and we don't have to cross that bridge right now, but -- Cavener: Fight for another night. Hoaglun: That's right. So, for -- but for -- for -- for this having -- having a -- a level one approach I think will work well and do appreciate the work everyone put into this for the roundabouts and -- and the matrix. It does -- it does help quite a bit I think for everyone involved now and in the future. Strader: Mr. Mayor? Simison: Council Woman Strader. Meridian City Council Work Session October 17,2023 Page 20 of 22 Strader: I'm in favor of it. I appreciated the pedestrian treatment as well and that seems really important at that roundabout and you said there were enhanced beacons. So, I -- I think that's important in that location. Thank you. Simison: So, maybe a practical question for legal or for Brian. It's one thing -- it's -- I -- it's one thing to say this is what we want today. It's another thing when a budget amendment comes forward. At what point in time do people envision these decisions actually being made and/or agreed to financially, you know, and this is the consideration that this is what ACHD actually even builds to a certain extent, you know, but I think that there is that component and how you -- how you expect -- Hood: Mr. Mayor? Simison: -- and when. Yes, Caleb. Hood: I know you directed that more to Brian or -- or Council. If you don't mind, though, I -- Simison: I forgot you were even on -- Hood: I think I can -- so -- so, Mr. Mayor, it is a good question and Brian pointed it out when he was going through the matrix, but we are trying to get into these projects and our elements incorporated earlier in projects and likely that is two or three, four years before a project actually gets constructed. So, there can be and likely will be some turnover in leadership. There -- there is a level of commitment, though, a cost share agreement that we will enter into with ACHD. It's -- it's sort of a general person's agreement at that point saying we are good for it, but we really aren't committed until we establish the budget. There is a chance that a future council does not approve that item in the budget. If so, though, this cost share agreement that the previous council agreed to we will pay for -- and we are on the hook for redesigning those elements. So, if ACHD has to expend dollars to redesign something because we renege or rethink of something that we wanted to put in, we -- and they made that accommodation and we backtrack, any redesign costs will be billed to the city. So, there is an opportunity to back out, but there is some level of commitment and saying that we are good for it earlier on in the process. Simison: So, Mr. Nary, is there a preferred approach on this for your -- your office or not, since we are talking about encumbering or not encumbering in any way, shape or form? Nary: Yeah. Mr. Mayor, Members of the Council, I think what we would end up doing is in the agreement -- in our ultimate agreement where -- for the cost share would have a nonappropriation clause to it. So, we would say if we don't fund it in the future I think we would have the conditions that Mr. Hood just talked about, that we would pay for the cost of whatever redesign or whatever if they had to redo it. But I think that -- we would want to have something that says a future council may not fund the project depending Meridian City Council Work Session October 17,2023 Page 21 of 22 on how what the cost is or when it is and those kinds of things. So, would like to have that anyway. Simison: Is that the preferred approach as compared to having the Council ask for it, pays for it at the time? I mean it hasn't been bid, so you are never going to get the exact number, but I guess a future council could undo the budget as well. I mean I'm just trying to get through this -- this stuff we experience on Eagle when they were doing that, where we were asking for changes and they weren't willing to accommodate based upon some of those -- just want to make sure that we are trying to make it -- and, again, four years out is a long time to be saying here is what we want, even though it's just landscaping or vertical elements. Nary: Sure. So, Mr. -- Mr. Mayor, Members of Council, I mean there -- there really is either way, as -- as the Mayor just stated. I'm either if funded -- funded up front, you know, ask for what you want, obviously, funded up front with a -- with a -- basically a number that's a not to exceed, obviously, awaiting a bid or, secondarily, agree to a -- a generalized number as to what that might be. We could put that in the contract. But we would put -- create -- create a clause that would say a future council may not fund the future project based on timing, change, and circumstance, change in situation, whatever that may be. So, either one of those would be compliant with what the law requires. So, either one of those are fine from a legal standpoint. McClure: Mr. Mayor? Emily would I'm sure love this conversation if she was here, but I -- just if it's helpful, you know, this isn't any different than what we do now. It's not that it's a good process, but we do this now, we have been doing this for years. The only thing that's really changed with this, one, we have a matrix to formalize a little bit better, so that we have greater confidence and -- and greater leverage when we say this is what we are willing to participate in and, two, ACHD only recently decided they are going to be doing the -- the -- the credit system. So, that's really where I -- staff is more interested in this now is because they are willing to give us the money to basically do things that they wouldn't otherwise do. Again, not that -- not that this process is good, but this is what we have been doing for a -- a decade. Simison: And I know that's what we have been doing and, basically, trying to make it so it's not a conversation in three years where a different council sees this and says what is this? Why are we doing it this way? Now, granted, if you see it every year for every project -- for two or three projects maybe they will -- they will -- it will provide that. That's all. Because it's like -- it's one thing to say this is what we want today. Three years from now it could be completely different. So, that's all. And there is no good answer. That's what I'm going to go with. Okay. Any further comments or feedback on something that we aren't going to make an agreement or decision on for the next three years? Councilman Cavener. Cavener: Just wishing Caleb a speedy recovery. Something we don't have any authority to fix or solve either, but we are hopeful for a speedy recovery as well. Meridian City Council Work Session October 17,2023 Page 22 of 22 Simison: Thanks. I think he appreciates that, so -- Hood: Thank you. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we adjourn our work session. Cavener: Second. Simison: Have a motion and a second to adjourn the work session. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 5:33 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) _10 / 24 / 2023 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the September 26, 2023 City Council Work Session Meridian City Council Work Session September 26,2023 Page 9 of 9 Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we go into Executive Session per Idaho Code 74-206(1)(f). Borton: Second. Simison: Have a motion and a second to go into Executive Session. Do I have any 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: (4:53 p.m. to 5:32 p.m.) Simison: Council, do I have a motion? Hoaglun: Mr. Mayor, I move that we come out of Executive Session. Strader: Second. Simison: Have a motion and a second to come out of Executive Session. All in favor signify by saying aye. Opposed nay? The ayes have it and we are out of Executive Session. MOTION CARRIED: FIVE AYES. ONE ABSENT. Simison: Mr. Mayor, I move that we adjourn. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay. The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 5.33 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 10 / 17 2023 MAYOR ROBERT SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the September 26, 2023 City Council Regular Meeting Meridian City Council September 26,2023 Page 28 of 28 FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics? Or do we have a motion to adjourn? Hoaglun: Mr. Mayor, I move that we adjourn. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 7:35 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 10-17-2023 ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the October 3, 2023 City Council Work Session Meridian City Council Work Session October 3,2023 Page 15 of 15 McVey: No. You were spot on. Just so you guys know, those are -- the projects are being put together and should be put out to bid, if they are not already out to bid. So, we are already working on it. Simison: Thank you. Council Woman Strader. Strader: Just one more question. I was curious. Are we planning a similar presentation at ACHD or the other agencies or how -- how will that work in terms of the communication? Carson: Mr. Mayor, Council Woman Strader, so currently our plan is to send a recommendation -- so ACHD did have a representative on the task force and currently our plan is to send the recommendations and report to ACHD commission and have them address it with their team as -- as they see fit. Simison: Okay. And, lastly, if I -- I just want to say also thank you to Congressman Overton -- or sorry -- Councilman Overturn who is not with us today. Yeah. He got a new job. Part of me wanted to wait until he was back, but at the same time we want to get this in front of everybody and keep it moving forward and not delay on that stuff. So, I'm sure he can appreciate that as well. Carson: Yes, Mr. Mayor. He was an active member of the task force. Simison: All right. Thank you very much. Carson: Thank you. Simison: So, Council, with that we are at the end of our agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: 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. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 5.21 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 10 / 17 / 2023 MAYOR ROBERT SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the October 3, 2023 City Council Regular Meeting Meridian City Council Work Session September 26,2023 Page 10 of 10 Seal: Have a motion and a second to approve Ordinance No. 23-2037. Is there discussion? If not, Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, yea; Strader, yea; Overton, absent. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: In light of this ordinance, one of the items that Planning has presented to us a couple of times is conversation regarding adding additional locations in the city where buildings up to a hundred feet can be built and I would like to request that we have the Fire Department bring some more information to us to how those buildings would be responded to and so I know we had talked about possibly putting that on a work session agenda sometime in October, but I don't know what the plan is, so -- Simison: It's on for October 17. Perreault: Wonderful. Okay. Thank you very much. Simison: Okay. Anything else under future main topics? And if not, do I have 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. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 6.26 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 10 / 17 / 2023 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK w IDIAN� AGENDA ITEM ITEM TOPIC: Chipotle Shell (Medina Subdivision) LDIR-2023-0035 Water Main Easement (ESMT-2023-0137) ADA COUNTY RECORDER Trent Tripple 2023-059089 BOISE IDAHO Pgs=5 VICTORIA BAILEY 10/18/2023 08:15 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2023-0137 Chipolte Shell (Medina Subdivision) LDIR-2023-0035 EasementWATER MAIN EASEN11ENT THIS Agreement, made this (- 17th dayof October, 2023 Smith Frazier, LLC _ GrantorC�Grantoej,and the City of Meridian, an Idaho desires to provide a water main right-of-wayacross the premises property hereinafter particularly e water mainis to be provided or through underground pipelines constructed ; and it will be necessary to maintain and s said i l' e by the Grantee; THEREFORE,in consideration of the benefits to be received valuablegood and consideration, the Grantor does hereby give, grant and convey unto the Granteeright-of-way t for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) e easement hereby granted is fore purpose of construction theirand li facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to sucht any and an times. TO HAVE AND TO HOLD, the said et and right-of-waye said Grantee, i successors and assignsforever. AGREED,IT IS EXPRESSLY UNDERSTOOD AND by and between after maldng repairs r performing other maintenance! Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaldng such However, Grantees t be responsible for repairing, replacing or restoring placedanything e area described in this easementt was placed there in violation easement.of this covenantsTHE GRANTOR s that Grantor shall not place or allow to be placed t structures oro e easement area that would interfere with Grantee's use of said easement, including, t not limited to, buildings, trash enclosures, carports, sheds, f c , trees, or deep-rooted shrubs. covenantsTHE GRANTOR e Grantee that should any part ofright-of- way t hereby granted shall become part of, or he within the boundaries of any Water Main Easement Page 1 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. GRANTOR: Smith Frazier, LLC S ATE OF IDAHO ) ) ss County of Ada ) l This record was acknowledged before me one I25 4OZ 3 date b C g �( ) Y (name of individual), [complete the following if signing in a representivepa a&z-fej-- r strike the following if signing in an individual capacity] on behalf of Wt I LUI— (name of entity—on behalf of whom record was executed), in the following representative capacity:. Manager (type of authority such as officer or trustee) q3'.•• '••. •. Notary Si '�.•' NOTARY �;�• My Commis Expires. 2 G( 20 Z —•— Z • c = pUB �L OF Water Main Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 10-17-2023 Attest by Chris Johnson, City Clerk 10-17-2023 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 10-17-2023 (dft) 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 Page 3 Version 04/17/2023 EXHIBIT A LEGAL DESCRIPTION A parcel of land being a portion of Parcel E as shown on Record of Survey No. 13573, instrument No. 2022-070648 Ada County Records, in the NE 1/4 Section 24, T. 3N, R.1W, Boise-Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Southwest corner of said Parcel E, thence on the westerly line of said Parcel E N00100'16"W a distance of 15.47 feet to a point on the north line of a water and sewer easement as shown in Instrument Number 107141995; thence on last said north line S89058'40"E a distance of 13.26 feet to the Point of Beginning; thence N00001'31"E a distance of 173.42 feet; thence S89158'29"E a distance of 19.99 feet; thence S0001'15"W a distance of 4.27 feet; thence N89034'07"E a distance of 20.26 feet; thence S00001'17"W a distance of 20.00 feet; thence S89034'07"W a distance of 20.28 feet; thence S00001'15"W a distance of 116.90 feet; thence S89158'38"E a distance of 27.00 feet; thence N00001'22"E a distance of 10.00 feet; thence S89158'38"E a distance of 20.00 feet; thence S00101'22"W a distance of 30.00 feet; thence N89058'38"W a distance of 47.00 feet; thence S00001'15"W a distance of 12.25 feet thence N89058'40"W a distance of 20.00 feet to the Point of Beginning. The above described parcel contains 5,013 Square Feet, more or less. See Exhibit B, attached hereto and made part hereof. ? 8350 911 3M F EXHIBIT B A PARCEL OF LAND BEING A PORTION OF PARCEL E AS SHOWN ON RECORD OF SURVEY NO. 13573, INSTRUMENT NO.2022-070648 ADA COUNTY RECORDS,IN THE NE 1/4 SECTION 24,T.3N, RAW, BOISE-MERIDIAN,CITY OF MERIDIAN,ADA COUNTY, IDAHO N Parcel Line Table Line# Bearing Length L1 N89°58'40"W 20.00' Scale 1"=50' L2 S89°58'29"E 19.99' 0 25' 50, L3 SO*01'15"W 4.27' BEARINGS AND DISTANCES MAY VARY FROM PREVIOUS PLATS DUE TO DIFFERENT METHODS L4 N89°34'07"E 20.28' OF MEASUREMENTS. L5 SO'01'17"W 20.00' L6 S89°34'07"W 20.28' L2 L7 S89°58'38"E 27.00' L4- L8 NO'01'22"E 10.00' LO L9 S89°58'38"E 20.00' L6 20.0'WATER L10 SO*01'22"W 30.00' AND SEWER EASEMENT L11 N89°58'38"W 47.00' I.N. 107141995 L12 SO'01'15"W 12.25' L13 S89°58'40"E 13.26' I Z Q w L14 NO'00'16"W 15.47' I 0 M _ w o 0 o 0 0 0 0 z L9 Q 2 o PARCEL E x w ROS No. 13573 Co Lu U) J �- Q �L7 o � wo I� 3: 0 M LL1 L13 J L1� `� It L1 J POINT OF BEGINNING - - - - - - - - - -- - - - - - - - - - - - - POINT OF COMMENCEMENT 01� f I �911$ifi23 0 JOB No: R22132 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Franklin Parking Expansion Sanitary Sewer and Water Main Easement (ESMT- 2023-0133) pro @Ct Name{SUbdiYisiOn2; ADA COUNTY RECORDER Trent Tripple 2023-059090 BOISE IDAHO Pgs=5 VICTORIA BAILEY 10/18/2023 08:15 AM Fr lin Parking Expansion CITY OF MERIDIAN, IDAHO NO FEE Sanitary Sewe-rBWaterMain Easement Number: ldentitythis Easementbysequential numberi(Proleetcontaitts more than one easement of this type. {See Instructions for additional informations ESMT-2023-0133 THIS Easement Agreement, made thisl7th day of October 20 23 between _Falco _Ppt)erties. L C ('Grantor")and the City ofMeridian,anIdahoMunicipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described;and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others;and WHEREAS,it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW,THEREFORE,in consideration of the benefits to be received by the Grantor, and other good and valuable consideration,the Grantor does hereby give,grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property. (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance,repair and replacement at the convenienceof 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 theparties hereto, thatafter 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 thiseasement. 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. , Sanitary Sewer and WaterMain Page 1 Version 04/17/2023 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. GRANTOR: FALCON PROPERTIES, LLC, an Idaho limited liability company, By:Cimco Investment Corporation, a Washington Corporation, Its Manager, By_ Thomas H. Dye, President State of IA. ss County of CAE cA ) On the 2eday of _s�f�.J�gy2023 before me, a Notary Public in and for said State, personally apppeared Thomas H. Dye known or identified to me to be the President of Cimco Investment Corporation., a Washington Corporation, the Manager of Falcon Properties, LLC, an Idaho limited liability company, and acknowledged to me that he executed said instrumenton behalf of said limited liability company ancT acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF,I have hereunto setmyhand and affixed myofficial seal the day and year in this certificate first abovewritten. (stamp) •' •.. Notary Signature -�0�7 N°NARY f My Commission Expires: j°UBLIC Sanitary Sewer and Water Maiiz Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 10-17-2023 Attest by Chris Johnson,City Clerk 10-17-2023 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 10-17-2023 (date) by Rob er t E . S i m i s on 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: 3-28-2023 Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023 LEGAL DESCRIPTION T H E il i Page 1 OF 1 � LAND GROUP August 24, 2023 Project No.: 121152 EXHIBIT"A" 2975 E. FRANKLIN ROAD PARKING LOT PROJECT CITY OF MERIDIAN UTILITY EASEMENT DESCRIPTION An easement located in the Northeast Quarter of Section 17,Township 3 North, Range 1 East, Boise Meridian,City of Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Northeast Corner of Section 17 of said Township 3 North, Range 1 East, (from which point the North Quarter Corner of said Section 17 bears North 89°54'33"West, 2570.99 feet distant); Thence from said Northeast Corner, North 89°54'33" West, a distance of 870.46 feet on the north line of said Section 17; Thence South 00°02'02" West, a distance of 40.00 feet to a point on the southerly right of way line of East Franklin Road; Thence South 89° 54' 33" East a distance of 23.49 feet on said southerly right of way line to the POINT OF BEGINNING; Thence South 89° 54' 33" East, a distance of 39.51 feet on said southerly right of way line; Thence South 00°03'31"West, a distance of 15.57 feet; Thence South 45° 27' 21"West, a distance of 31.58 feet; Thence South 00°03' 31"West, a distance of 68.35 feet; Thence South 11° 37' 34" East, a distance of 12.03 feet; Thence North 78° 22' 26" East, a distance of 13.00 feet; Thence South 11* 37' 34" East, a distance of 20.00 feet; Thence South 78° 22' 26"West, a distance of 13.00 feet; Thence South 11° 37' 34" East, a distance of 24.05 feet; Thence South 79°07' 34" East, a distance of 2.44 feet; Thence North 10° 52' 26" East, a distance of 9.80 feet; Thence South 79°07' 34" East, a distance of 20.00 feet; Thence South 10°52' 26"West,a distance of 29.80 feet; Thence North 79°07' 34"West, a distance of 6.05 feet; Thence South 10° 52' 26"West, a distance of 41.25 feet; Thence North 79°07' 34"West, a distance of 20.00 feet; Thence North 10°52' 26" East, a distance of 41.25 feet; Thence North 79°07' 34"West, a distance of 9.75 feet; Thence North 11° 37' 34" West, a distance of 61.17 feet; Thence North 89° 56' 53" West, a distance of 13.09 feet; Thence North 00° 03' 06" East, a distance of 100.44 feet; Thence North 38° 10' 56" East, a distance of 22.66 feet to a point on the southerly right of way line of East Franklin Road, being the POINT OF BEGINNING. PREPARED BY: The Land Group, Inc. I / ww ` 7$ 0 James R. Washburn 0 P. 8 8-24-2023 sT �� 462 East Shore Drive. Suite 100, Eagle, Idaho 83616 208.939.4041 �;V TE OF R.WA� - N1/4 COR SEC 17 E FRANKLIN ROAD NE COR SEC 17 (BASIS OF BEARING) S. 8 ,( _ N89°54'33"W 2570.99' S-8— S.9 1/4 S. 17 }/� 1700.53' 870.46' � S. 17 S. 16 Flo q g POB W N! L20 .r L1 129.90' R/W Ct UTILITY EASEMENT I /� 0.16± ACRES (7,035 SO. FT.) I Line Table g I M LINE BEARING LENGTH _I C6 u.i I I`D L1 S89°54'33•E 39.51' to O I I 2975 E.FRANKLIN ROAD L2 S00°03'31'W i 15.57' c ROS#13222 °27'21'W 31.58'0 L3 S45 0 z I W L4 S11°37'34•E 12.03' I L5 N78°22'26E 13.00' �L5 L6 S11°37'34•E 20.00' L7 S78°22'26W 13.00' L18 tr L8 S11°37134'E 24.05' �+ LAN ; 1 co j ���`►" 5 RF.s�� I w; ��� L9 S79°07'34•E 2.44' zo I Q� �� L11 L10 N10°5226E 9.80- a. 7880 0 o �1 1 L11 S79°07'34•E 20.00' Cn B-24-2023 Cn N L12 S10°52'26W 29.80' "g e OF L13 N79°07'34"W 6.05' j?.WA L1 7/ L14 S10°52'261W 41.25' I L15 9'07'34V 20.00- �Ll 3 N7 L16 N10°5226'E 41.25, L17 N79°07'34 W 9.75, ' L18 N89°56'53W 13.09' L 15 L19 N38°10'56•E 22.66' L20 S89°54'33•E 23.49' Exhibit "B" 0 40 p Horizontal Scale:l° = 40' Project No.:121152 Date ol Issuance:8-23.2023 ti =� '%-THE Utility Easement r ri r � LAND City of Meridian v - '�A� � GROUP Falcon Properties, LLC r E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Meridian Commerce Park Building J Water Main Easement No. 1 (ESMT- 2023-0130) ADA COUNTY RECORDER Trent Tripple 2023-059085 BOISE IDAHO Pgs=8 CHE FOWLER 10/18/2023 08:14 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2023-0130 Meridian Commerce Park Building J Water Main Easement No. 1 WATER MAIN EASEMENT THIS Easement Agreement, made this 17th day of October , 2023 between Meridian BC Holdings LP ("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 1 Version 04/17/2023 THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any pen-nanent 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-ofway 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 apart 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: Meridian BC Holdings LP 0a. STATE OF WASHINGTON) ) ss County of Spokane ) This record was acknowledged before me on 7 o1D by j4,6on behalf of AT GP/M LLC, the Manager of ATSAW GP, LLC, the General Partner of Meridian BC Holdings LP,in the following representative capacity: Manager PGAR0H.� �t�� .. mill 11, No Signa f �.!�� 1A y .,� ,� My Commission Expires: � u+. S u 2302387 i Gs � A \ .r III OF YVP,15 }}}}i1\11\���� Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 10-17-2023 Attest by Chris Johnson, City Clerk 10-17-2023 STATE OF IDAHO, ) :ss County of Ada ) This record was acknowledged before me on 10-17-2023 (date)by Robert E.Simison and Chris Johnson on behalf of the City of Meridian,in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2028 Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023 `� LEGAL DESCRIPTION 0 �� T H E Page 1 of 2 ! r LAN D GROUP August 24, 2023 Project No.: 122173 EXHIBIT"A" BLACK CAT INDUSTRIAL MERIDIAN COMMERCIAL PARK—BUILDING J UTILITY EASEMENT DESCRIPTION An easement located in Parcels "A" and "C" as shown on Record of Survey No. 13698, recorded under Instrument No. 2022-090395 of Ada County Records, located in the East Half of Section 16,Township 3 North, Range 1 West, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: Commencing at the East One Quarter Corner of Section 16 of said Township 3 North, Range 1 West, (from which point the Southeast Corner of said Section 16 bears South 000 43' 07" West, 2656.35 feet distant); Thence South 000 43' 07"West, 53.69 feet on the East line of said Section 16; Thence North 890 33' 08"West, 408.71 feet to the POINT OF BEGINNING; Thence South 00° 29'04" West, 53.65 feet; Thence South 89° 30' 56" East, 16.46 feet; Thence South 00° 29'04" West, 20.00 feet; Thence North 89' 30' 56" West, 16.46 feet; Thence South 00° 29'04" West, 221.92 feet; Thence South 89° 30' 56" East, 12.00 feet; Thence South 00° 29'04" West, 20.00 feet; Thence North 89° 30' 56" West, 12.00 feet; Thence South 00° 29'04" West, 303.47 feet; Thence South 89° 30' 56" East, 12.00 feet; Thence South 00' 29'04" West, 20.00 feet; Thence North 89' 30' 56" West, 12.00 feet; Thence South 00' 29'04"West, 67.59 feet; Thence North 89' 30' 56" West, 50.79 feet; Thence North 80' 30' 47" West, 175.35 feet; Thence North 80' 31' 16" West, 106.51 feet; Thence South 00° 29'04"West, 11.99 feet; Thence North 89' 30' 56" West, 20.00 feet; Thence North 00' 29' 04" East, 20.91 feet; Thence North 89' 30' 56" West, 58.10 feet; Thence North 00' 29' 04" East, 20.00 feet; Thence South 89° 30' 56" East, 75.69 feet; Thence North 00' 29' 04" East, 858.89 feet; Thence North 44' 30' 56" West, 35.75 feet; Thence North 00' 29' 04" East, 8.29 feet; Thence South 89' 30' 56" East, 20.00 feet; 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc.com August 24, 2023 Page 2 Thence South 44° 30' 13" East, 35.76 feet; Thence South 00° 29'04"West, 85.76 feet; Thence South 89° 30' 56" East, 27.06 feet; Thence South 00° 29'04"West, 20.00 feet; Thence North 89° 30' 56" West, 27.06 feet; Thence South 00° 29'04" West, 359.93 feet; Thence South 89° 30' 56" East, 24.72 feet; Thence South 00° 29'04" West, 37.49 feet; Thence North 89° 30' 56" West, 24.72 feet; Thence South 00° 29'04" West, 375.43 feet; Thence South 80° 30'47" East, 265.64 feet; Thence South 89° 30' 56" East, 29.21 feet; Thence North 00' 29' 04" East, 686.63 feet; Thence South 89' 30' 56" East, 20.00 feet to the POINT OF BEGINNING. PREPARED BY: The Land Group, Inc. py LApr� ��5 1 T a '7880 � 8-24-2023 .yf OF James R. Washburn, PLS ,sR WA Site Planning•Landscape Architecture•Civil Engineering•Surveying 462 E.Shore Drive,Suite 100•Eagle, Idaho 83616•P 208.939.4041•www.thelandgroupinc.com I I — — I NE COR. 1 \ PARCEL"B" I SEC. 16 � ROS# 13698 I, �L„ - - - - J N wl I \ O Cl) PARCEL"A" I � I ROS#13698 E 1/4 z o CD SEC. 16 I� < P.O.B. 53.69' 1 Y\ S89°33'08"E 408.71' Q o I o N (/) CD N I� I I I PARCEL"All I PARCEL"C" ROS#13698 I I ROS# 13698 — MATCH LINE-PG. 2 L0 I� I I MATCH LINE- PG.3 I `�CO I 40' 0 c+) Io 0 UTILITY EASEMENT 0.984 ACRES (42,880 FT2) I� I OPAL LA1�tL S RF s'G I w a 7880 w SE COR. N8p °31 16" 5 8-24-202� SEC. 16� �y y06.51, a L _ ''�sd,9TE0F�0��� � a 0 150' 300' Exhibit "B" x a Horizontal Scale: = 150' Project No.:122173 August 24,2023 218 % THE Utility Easement co �.E t LAND Meridian Commerce Park - Building J o -IT NT GROUP City of MeridianTM °L210 L20 l�9 0 0 I PARCEL"A" co `� ROS#13698 10� �N�s I \ w�5 F-Gt T J �c10 °L24° \ w 76 0 8-24-20230 o L25 �9 �Tf OF L26 `� R.WA� I \Line Table LINE BEARING LENGTH I \ L1 S00°29'04"W 53.65' � L2 S89°30'56"E 16.46' P.O.B. I I L3 S00°29'04"W 20.00' L31° ` C'� M _ 00 L4 N89°30'56"W 16.46' � � U cam° 00 coJ M L19 N44°30'56"W 35.75' w r w U � � cc C, L20 N00°29'04"E 8.29' L2 o < o 0 0 F N L21 S89°30'56"E 20.00' J I 0 0 ° ° I z U) L22 S44°3013"E 35.76' L L23 S00°29'04"W 85.76' I � L24 S89°30'56"E 27.06' I I L25 S00°29'04"W 20.00' ��rn M PARCEL"A" I L26 N89°30'56"W 27.06' `U N N I r "u ROS#13698 L27 S89°30'56"E 24.72' �r I 0 o � L28 S00°29'04"W 37.49' N CDo 0 0 L27 L29 N89°30'56"W 24.72' z cc,- L31 S89°30'56"E 20.00' J oL� I MATCH LINE-PG. 3 3 a Exhibit "B 0 80' 160' " 0 x a Horizontal Scale:l" = 80' Project No.:122173 August 24,2023 218 Qom " ''' THE Utility Easement co �.E t LAN D Meridian Commerce Park - Building J o IT NT � GO— CM GROUP City of Meridian MATCH LINE- PG. 2 Line Table o o�J O O I I LINE BEARING LENGTH L7 L5 S891056"E 12.00' 1 I I � L6 S00°29'04"W 20.00' I v L7 N89°3056"W 12.00' LO coo r— = rn coc.3 M L8 S89°30'56"E 12.00' PARCEL"All LO � CO F _ w �1 ROS# 13698 ,,, o L9 soo°29'o4"w 20.00' CD o `7 � Q M M O o a CD L10 N89°30'56"W 12.00' w � o ��� °V CIO L11 S00° '2904"W 67.59' O N O Z O N L12 N89°30'56"W 50.79' O ° z o L13 S00°29'04"W 1199' �«� L14 N89°30'56"W 20.00' I L15 N00°29'04"E 20.91' L16 N89°30'56"W 58.10' I L17 N00°29'04"E 20.00' L18 S89°3056"E 75.69' L8 L18 0 0 �O o .L.L� L10 � '''' S80°30'47"E � 0 0 �o L16 � o ■G✓1 265.64' L15 0 o N80°3116-w�•t o L 106.51' o L30 0 ,— L14 I L13 N80°30'47 ��1 175.35' o - - - � — L12 J Line Table LINE BEARING LENGTH LA1�r1jS l ti T L30 S891056"E 29.21' - o a. 7880 a, — 8-24-20230 OF R.WA 3 a Exhibit "B„ 0 80' 160' 0 x a Horizontal Scale:1" = 80' Project No.:122173 August 24,2023 218 Qom " ''' THE Utility Easement co �.E t LAN D Meridian Commerce Park - Building J o GROUP City of Meridian co E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Meridian Commerce Park Grand Mougul Drive Phase 1 Water Main Easement No. 1 (ESMT-2023-0141) ADA COUNTY RECORDER Trent Tripple 2023-059087 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 10/18/2023 08:14 AM CITY OF MERIDIAN, IDAHO NO FEE 0141 ESMT-2023-0140 Meridian Commerce Park Grand Mougul Drive Phase 1 Water Main Easement No. I WATER MAIN EASEMENT THIS Easement Agreement, made this 17th day of October 20 23 between Meridian BC Holdings LP ("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. Water Main Easement Page 1 Version 04/17/2023 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 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: Meridian BC Holdings LP a Delaware limited partnership By: ATSAW GP, LLC, a Washington limited liability company Its: General Partner By: AT GP/M LLC, a Washington limited liabil' mpany Its: Manager By: Name: Ti tii No u*fc— Its: yvAr ►_ 1 &4,e►L Water Main Easement Page 2 Version 04/17/2023 STATE OF Af+p ) ) ss County of e ) This record was acknowledged before me on (date) by Tim Wolff_ (name of individual), on behalf of Meridian BC Holdings LP, in the following representative capacity: Manager AT GP/M LLC, the Manager of ATSAW GP, LLC, the General Partner of Merid' n B Ha s L Notary Signature My Commission Expires: I� L7 ZoZ� Scott t)esseraUR 64530 NOTARY PUBLIC STATE OF IDAHO y c(WNIISSION EXPIRES 10/27/2026 1m. 6 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 10-17-2023 Attest by Chris Johnson, City Clerk 0-1 - 023 STATE OF IDAHO, ) :ss County of Ada } This record was acknowledged before me on 10-17-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2028 Water Main Easement Page 3 Version 04/17/2023 `� LEGAL DESCRIPTION 0 �►� T H E Page 1 of 2 ! r LAN D GROUP July 12, 2023 Project No.: 121102 EXHIBIT"A" BLACK CAT INDUSTRIAL CITY OF MERIDIAN WATER EASEMENTS DESCRIPTION EASEMENT 1 An easement located in Parcels "A" and "C" as shown on Record of Survey No. 13698, recorded under Instrument No. 2022-090395 of Ada County Records, located in the East Half of Section 16,Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the East One Quarter Corner of Section 16 of said Township 3 North, Range 1 West, (from which point the Northeast Corner of said Section 16 bears North 000 43' 09" East, 2657.25 feet distant); Thence North 000 43' 09" East, 249.61 feet on the East line of said Section 16; Thence North 890 16' 51" West, 746.82 feet to the POINT OF BEGINNING; Thence South 00° 29' 04" West,47.77 feet; Thence North 89' 30' 56" West, 20.00 feet; Thence North 00' 29' 04" East, a distance of 53.20 feet to a point of curvature; Thence 15.89 feet on the arc of a curve to the right, having a radius of 353.00 feet, a central angle of 02'34'44", and whose chord bears South 74'43'05" East, 15.89 feet to a point of compound curvature on the northern boundary line of said Parcel "C"; Thence 4.84 feet on the arc of a curve to the right, having a radius of 353.00 feet, a central angle of 00'47'07", and whose chord bears South 73°02' 10" East, 4.84 feet to the POINT OF BEGINNING. TOGETHER WITH: EASEMENT 2 An easement located in Parcel "C" as shown on Record of Survey No. 13698, recorded under Instrument No. 2022-090395 of Ada County Records, located in the East Half of Section 16,Township 3 North, Range 1 West, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: Commencing at the East One Quarter Corner of Section 16 of said Township 3 North, Range 1 West, (from which the Northeast Section Corner of said Section 16 bears North 00'43'09" East, 2657.25 feet distant); Thence North 00'43' 09" East, 9.91 feet; Thence North 89' 16' 51" West,428.98 feet to a point of curvature, said point being the POINT OF BEGINNING; 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc.com July 13, 2023 Page 2 Thence 24.91 feet on the arc of a curve to the left, having a radius of 738.54 feet, a central angle of 01' 55' 58", and whose chord bears South 52°55' 08" East, 24.91 feet; Thence South 00° 29' 04" West, 50.76 feet; Thence North 89' 30' 56" West, 20.00 feet; Thence North 00' 29' 04" East, 65.61 feet to the POINT OF BEGINNING. PREPARED BY: LA The Land Group, Inc. p�L TE fib' a 7880 2 7-12-2023 �y ATE OF �aP James R. Washburn, PLS 'S'R.WA Site Planning• Landscape Architecture•Civil Engineering•Surveying 462 E.Shore Drive,Suite 100• Eagle, Idaho 83616• P 208.939.4041•www.thelandgroupinc.com File Location: g.\2021\121102\cad\survey\exhibits\black cat collector 2023\com\ex 121102 water 230713.dwg Last Plotted By mitch anderson Date Plotted: Thursday,July 13 2023 at 03.59 PM c'� r c-) c-) 1 crn 41 w i i z w N < m m cn z z cn z r L4 = T 1 r o O co 00 o coo O7 ° o x z tv W nD 1 D r n o �o 00 00 co o O co rn CD _ _w� - - o rn Cr L2 N co v C-11 n CD _ oo w w I+ 1 o o C5 o w o ti z o o En �� W O M II O O O �I W = N Cn W fJ w Z O cn co o = T D cn ti r C r 1 ac"o oy � D CD � rn z 41 = Cr z 00 r ° � M 70 cn 1 w W o rn 002 O o� m w � �a rh rA m Cr Cn _ L7 CD 00 r �a rn N rn c� p 0 z o o = o N 70 C D io co 0o r �a I rn C" z I w r co w 00 �a oN 5 M m wr �a C.0 D 1 m I+ W Nom cn o D I I1 � CA N dS P Foss y5 l0 I L7 y J � r rno�_— o � W y o �0( y L5 ^' a 9ti0 i a I Ho M T I v cD � O — z Cn O I I O JJ m M _ _ _ 239.70' _ _ _ _ '407.64' 0 0 6' N00°43'09"E 2657.25' BLACK CAT ROAD Water Easements TH E 21 Black Cat Industrial - W. Vanguard Dr. W LAND City of Meridian - GROUP E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Meridian Commerce Park Grand Mougul Drive Phase 1 Sanitary Sewer No. 1 (ESMT-2023-0140) ADA COUNTY RECORDER Trent Tripple 2023-059086 BOISE IDAHO Pgs=5 VICTORIA BAILEY 10/18/2023 08:14 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2023-0140 Meridian Commerce Park Grand Mougul Drive Phase 1. Sanitary Sewer Easement No. 1 SANITARY SEWER EASEMENT THIS Easement Agreement, made this 17th day of October 20 23 between Meridian BC Holdings LP ("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 and 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. Sanitary Sewer Easement Page 1 Version 04/17/2023 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 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: Meridian BC Holdings LP a Delaware limited partnership By: ATSAW GP, LLC, a Washington limited liability company Its: General Partner By: AT GP/M LLC, a Washington limited liabi ' company Its: Manager By: Name: T I&C- Its: ►�)f'^`1/a C�b� Sanitary Sewer Easement Page 2 Version 04/17/2023 STATE OF e—. -I } ) ss County of ) This record was acknowledged before me on (date) by Tim Wolff_ (name of individual), on behalf of Meridian BC Holdings LP, in the fallowing representative capacity: Manager GP/M LLC, the Manager of ATSAW GP, LLC, the General Partner of Meridia BC of gs LP_ soon o�r��,rt ary Signa ure 64530 My Commission Expires: NOTARY PUBLIC STATE OF IDAHO My COMM!SSION EXPIRES IOP-7P2t128 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 10-17-2023 Attest by Chris Johnson, City Clerk 10-17-2023 STATE OF IDAHO, ) :ss County of Ada ) This record was acknowledged before me on 10-17-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2028 Water Main Easement Page 3 Version 04/17/2023 `� LEGAL DESCRIPTION 0 T H E Page 1 OF 1 LAN D GROUP July 14, 2023 Project No.: 121102 EXHIBIT"A" BLACK CAT INDUSTRIAL CITY OF MERIDIAN SEWER EASEMENT DESCRIPTION EASEMENT 1 An easement located in Parcel "C" as shown on Record of Survey No. 13698, recorded under Instrument No. 2022-090395 of Ada County Records, located in the East Half of Section 16,Township 3 North, Range 1 West, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: Commencing at the East One Quarter Corner of Section 16 of said Township 3 North, Range 1 West, (from which the Southeast Section Corner of said Section 16 bears South 000 43'07" West, 2656.35 feet distant); Thence from said East One Quarter Corner, South 000 43' 07" West, 99.88 feet on the East line of said Section 16; Thence North 890 16' 53" West, 259.38 feet the POINT OF BEGINNING; Thence North 89' 16' 53" West, 20.00 feet; Thence North 00' 29' 04" East, a distance of 35.11 feet to a point of curvature; Thence 20.57 feet on the arc of a curve to the left, having a radius of 453.50 feet, a central angle of 02' 35' 57", and whose chord bears South 75'59' 09" East, 20.57 feet; Thence South 00° 29' 04" West, 30.38 feet to the POINT OF BEGINNING. PREPARED BY: The Land Group, Inc. j' AAr G a ( 880 7-14-2023 James R. Washburn, PLS .i. OF �pP � R.WA 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc.com File Location: g.\2021\121102\cad\survey\exhibits\black cat collector 2023\com\ex 121102 sewer 230713.dwg Last Plotted By mitch anderson Date Plotted: Friday,July 14 2023 at 08:27 AM C7 / r 1 < w ti 1 z m L2 r^ o �o - r- C.0 oz w w 7- = M oN m o o co D �� C-)C) x z N CD �. N V CO O O R CO) Cr _ Z. w L3 En wok v m a Cn m Un w Dp CD CD � cD� a CD Cn C Cl) W iv m W - m 1 - o Co o crt o z II °O - C? = I z N o o CA) M Ch n CD � a Cn = o PR ro C5 o rn O � 00 C)o N r z c� No � C) r'jj �� b� l o, 0 z 2I0 ro Ico = w og 9� C7 R/W B/W Cn Cn n M M C-) I rn 4�- Cn 2556.46' _ _99.88' 2 - A-Y S00°43'07"W 2656.35' BLACK CAT ROAD z N N O 00 W N O Sewer Easement TH E 22, Black Cat Industrial - W. Vanguard Dr. LAND City of Meridian a� GROUP E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Meridian Movado Village Subdivision Sanitary Sewer and Water Main Easement No. 1 (ESMT-2023-0138) ADA COUNTY RECORDER Trent Tripple 2023-059091 BOISE IDAHO Pgs=6 VICTORIA BAILEY 10/18/2023 08:15 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2023-0138 Meridian Movado Village Sanitary Sewer and Water Main Easement No. 1 SANITARY SEWERAND WATER MAIN EASEMENT THIS Easement Agreement,made this 17th day of October 20 23. — between C4 Investments, LLC And Meridian Movado Village Investors, LPC"Grantor")and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, -and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property. (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation 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, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after malting repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement Paget Version 04/17/2023 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 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: Meridian Movado Village Investors,LP 2 by Ferguson&Brewer Investment Company,its GP ` _: _ ,as president of the GP STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on (date) by (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 Meridian Movado Village Investors,LA (name of entity on behalf of whom record was executed),in the following representative capacity:PresIdent or il,e General Partner,a corporation(type of authority such as officer or trustee) (stamp) ')I n < S�`� '�' � � LA- Notary Signat e My Commission Expires: '> eq Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE §1189 uid��f=ti^il{£3�t3}II,`II+.tl}}::IIsi?�3t}II+`tIIR'��`f�f}3{3�+f3'Jd{=;aII�?Ei3Ei}&�L��•1Y�FII•��E3}I34f?�:z�Fl{II{�I@tII�i36II,~�s�iII4'sadbtl;�'iS�II�M?eIItE3�.i3+.�II�i3#ii�3ft�IIfEif3;tAQ7i4 A notary pulpit 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 Califjo-�rnia1 ' County of 1J(jLlf. � /� On I.�i'. Z� 7()7� before me,I�-lY�, f t •4n ,�1QCAC�,�i Dote ` "It re tnsett Name and Title of a Officer personally appeared '0 r i Name(s)of Signer(s) 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 .a laws of the State of California that the foregoing SHIRLEY AHUMAi}A paragraph is true and correct. .9, } C001.#2308616 a. + NOTARY PUBLIC CALIFORNIA w WITNESS my hand and offfdai seal. COUNTY or BUTTE \'•i i,r�� Comm Expuns NCv S,2023 j"I //, b1.1 Zd1 tCtCI GL. Signature • ! Place Notary Seol and/or Stomp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unlntended document. Description of Attached Document Title or Type of D n :e 5 . .� I�c ?t"VY1g1 1�1C'31 Document Date: Z 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: :`;!{�}II,II3f>Sfi;F3{II{Fv3•�?,*.�.IX13'1k�1�3st3rII:�{II{r§:7�`3:?:�5'K`3�34F?i$tR�?i,�•�'ire`:?'£��,"��}IIt1ttII{fl4&t53s£�'.fl{i3yR.'fto�€'s(II}€3;€??;?��z`3:€t��'!a`34�f:.Writ=vx,Y€u;?}£;5i?7f?�II?fi,`,�;{? 02019 National Notary Association GRANTOR: C4 Investments LLC /1 AP I STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on (date) by (name of individual), [complete the following if signing in a lepp,resentative capacity, or `strike the following if signing in an individual capacity] on behalf of 014 jm&qjd=j .(name of entity on behalf of whom record was executed), in the following represen tive capacity:. (type of authority such as officer or trustee) jhlE L0 ok. 0 41;p.. ,q ''•, ••lyoTA Notary Signature s UBL1 • •�, My Commission Expires: '3 Ocp40 .'•9j�F OF 19 0'• GRA ' 12! tTY OF MERIDIAN Robert E. Simison, Mayor 10-17-2023 Attest by Chris Johnson, City Clerk 10-17-2023 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 10-17-2023 (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 Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023 . EXHIBIT A -------.........­_­___-"-- 'I Sawtooth Land Surveying, LLC P: (208) 398-8104 F: (208) 395-8105 2030 13. Washington Ave., Emmett:, ID 83G 17 30-Foot City of Meridian Utility Easement Legal Description BASIS OF BEARING is South 89013'35" East, between brass cap marklng'th' e N1/4 corner of Section 21 and an aluminum cap marking the northeast corner of Section 21, Township 3 North, Range I East, B,M., City of Meridian,Ada County, Idaho. An easement located in the'NW114 of the NE1/4 of Section 21, Township 3 North, Range 1 East, B.M., City of Meridian, Ada County, Idaho, more particularly as follows: COMMENCING at the N1/4 of said Section 21; Thence South 89*13'35" East, coincident with the north line of said N1/2 of the NE114, a distance of 703.00 feet; Thence South 00011'04"West, 56.00 feet to the southerly right of way of E. Overland Road, marked by a 5/8" rebar/cap PLS 11 574; Thence continuing South 0011 VO4"West, coincident with the east boundary of Movado Apartments Subdivision, as shown in Book 119 of Plats, at Page 18449-18452, Ada County Records, 157.41 feet to the POINT OF BEGINNING; Thence South 891113'35" East, parallel with said north line, 333,22 feet; Thence North 71029'32" East, 38.22 feet to the beginning of a non-tangent curve to the left; Thence 37.02 feet along the arc of said curve, having a radius of 321,00 feet, with a central angle of 61136'30", subtended by a chord bearing South 17052'55" East, 37.00 feet; Thence South 71129'32"West, 22,90 feet; Thence North 891113'35" West, parallel with said north line, 359,20 feet to said east boundary; Thence North 110011'04" East,coincident with said east boundary, 30.00 feel to the POINT OF BEGINNING. The above described easement contains 0.26 acres,more or less x.1 fl �0 B2021\1 EMT\12134 I-MOVADO MULTI-FAMILY P1.1 2\Survcy\Dr-,iwingslDescriptions\30 City Meridian Utility Easc.doex -------............... ....... I 4 x a I Vr y 7 I a} ff - - .. ... .._ ._ S40•iikJ!'W 187.d1' ... - �• y 06.11D1•t/ 1 I C � Ott p \` N �` r j 06y� � • 1 gyro w L4 g O 'Lo.ulJti 'y 0°cob r boo do c On S. CLOVERDALE ROAD 50-WWW 266126- ; Ik g 1191HXFI E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Meridian Movado Village Subdivision Sanitary Sewer and Water Main Easement No. 2 (ESMT-2023-0139) ADA COUNTY RECORDER Trent Tripple 2023-059120 BOISE IDAHO Pgs=7 CHE FOWLER 10/18/2023 09:13 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2023-0139 Meridian Movado Village Subdivision Sanitary Sewer and Water Main Easement No. 2 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made thisl7thday of October 20 23 between C4 Investments, LLC and Meridian Movado Village Investors, LP ("Grantor")and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WIIEREAS, the Grantor desires to provide a'sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others;and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation 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, 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. Sanitary Sewer and Water Main Easement Page 1 Version 04/17/2023 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 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: Meridian Movado Village Investors,LP by Ferguson&Brewer Investment Company,its GP as president of the GP STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on (date) by (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 Meridian Movado Village Investors,LP (name of entity on behalf of whom record was executed), in the following representative capacity;President of the General Partner,a corporation(type of authority such as officer or trustee) (stamp) j L&,L � LGG,1,11,&L Notary Signature COT jjjo�oV i�I � ' My Commission Expires:_10U61202 _� Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE §1189 3�t�3tzIIYSFi�f�4>Ff£4t t?§?�£kii? 3�E:iS�fY8�3 fi'n?. II43fitn3II�3d3J }}fri£1Y3ti3tE?ti3 £3t'3ifs>E3�4`?#i�&tiYII";`8t�£�5f�sts3 t�f?�`EMf A notary public or other officer completing this certificate verifies only the identityof the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,orvalidityof that document. State of California1 County of-E;( t�-`t�e _ before m On (J{� 'Z�.,ZUZ e,� lr� Date N re Insert Name and Title of theOf icer personally appeared KA IV%i A k_ Name(s)of Signer(s) 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 capecity(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 forejoing SHIRLEY Atit3NiADA +� r COMM.#2308616 31paragraph is true and correct. �II HOThAV PAALIG CAUrOHNtA w COkINTY Or BUTTE WITNESS my hand and official seal. �II{{ •• �z Comm Expires NOV 9. Signature J,) Place Notary Seoi and/or Stomp Above Signa ure of Notary Public OPTIONAL — Completing this information con deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document; _ I (i c tx avtCl; �'-t" rt1 l(l Co- . Document Date: 2 i Numberof Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer—Title(s): ❑Corporate Officer—Title(s): o Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited a General ..Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ Other: O Other: Signer is Representing: Signer is Representing: �;�:�?c£�'�3'.��jii�t�'�3�Lo;fhit�tai48te��v�i,"ier;s?��Tc�i�ik"'+3s��',�.s�ft3:*.'.,fUFis3?£'tF�r:'�'a�'9s��?�Flsf�'�?&'ti?•t?�f3`Gt��`£isII,�i[t�`3�t+�"x�',�^ft.�:uvF;i*,�fis,c{� 02019 National Notary Association GRANTOR: C4 Investments LLC STATE OF IDA O ) ) ss County of Ada ) This record was acknowledged before me on (date) by Nnrld (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf ofCy �W, (name of entity on behalf of whom record was executed), in the following representative capacity:— _ (type of authority such as officer or trustee) . tA0TAR y '•t �•� z Notary Signature :nA(�BL1C�,� My Commission Expires: " a' rp •a •o ' GR �iI •©•F MERIDIAN A1 ,811110V Robert E. Simi son, Mayor 10-17-2023 Attest by Chris Johnson, City Clerk 10-17-2023 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 10-17-2023 (date) by Robert E. S i m i s o n 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: Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023 EXHIBIT A 5awtaoth Land Surveyiri6j, LLC P: (2 063) 396 (5;04 f: f 20,1' 398 e,105 201_30 .5. Wj.,Aiinr6too Ave., 0 33G 17 20 Foot City of Meridian Utility Easement Legal Description BASIS OF BEARINGS is South 89"13'35" East between a brass cap, marking the.N1/4 corner of Section 21 and an aluminum cap, marking the northeast corner of Section 21, Township 3 North, Range I East;B.M., City of Meridian, Ada County, fdaho. A parcel of land located In.the NW1/4 of the NE114 of Section 21,Township 3 North, Range I East, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly,as-follows: COMMENCING at a found brass cap, marking the N114 of said Section 21; Thence South 89113'35" East, coincident with the north line of said NW1/4 of the NEI/4, a distance of 1336.43 feet to the E1116 corner,of said Section 21; Thence South 00124'28" West, coincident with the east line of the NW114 of the NEI/4 of said Section 21, a distance of 48,00 feet to the southerly right of way of E. Overland Road; Thence continuing South 00024'28" West, coincident with said east tine, 138.35 feet; Thence leaving said east line, North 89035'32"West, 8.00 feet to the POINT OF BEGINNING; Thence South 00*24'28"West, parallel with said east line, 584,62 feet; Thence North 89035'32"West, 20.00 feet; Thence North 00024'28" East, parallel with said east line, 111.23 feet; Thence North 89013'36"West, 72.39 feet; Thence North 00146'25" East, 20.00 feet; Thence South 89013'36"East, 72.27 feet; Thence North 00024'28" East, parallel with said east line,433.39 feet; Thence North 89135'32"West, 175.11 feet; Thence South 71129'32"West, 15.12 feet to the beginning of a non-tangent curve to the right; Thence 20.01 feet along the arc of said curve, with a radius of 279.00 feet, a central angle of 4106'32", subtended by a chord bearing of North 17128'49"West, 20.00 feet; Thence North 71129'32" East, 18.09 feet; P:\2021\1 EMIM21341-MOVADO MULTI-FAMILY PE12\SurveykDr,,twings\Dcscriptions\20 City of Meridian Utility Ease,doex ............... Thence South 89135'32" East, 198.45 feet to the POINT OF BEGINNING, The above described easement contains D,39 acres, more or less, 11574 PA2021\1 GMT\121341-MOVADO MULTI-FAMILY PH 2\Survcy\Drawings\Descriptions\20 City ofMcridian Utility Gasc.docx EXHIBIT B MIS OF BEARINGS E. (1VI:It1,1\'!i ItUAl1 sm'u�l A 2E7edr F//16(VRtiER n ... ..... ..�. ." .. Nlid MP.S[C.2! lJJd,12' f77AH' !1 �Jl NI 1 F cj i ro1NrOFDL0.19AC6 I i� ��c�37.•ti 58935J2'E 190�.45' ZZ ll;,�i�•S r � 41 N89°3512"VJ � 175.SS' Tr lr •tl sq•Js•1TW o.W' l 11574 UNPLAT7ED 1 yr 1 �c'IKRf'ulciEa'rrll 2�mus uEernnrAclr umxueFiwtnc a�Ga"rilu-n7 s f iaoi�'�'zr%w�_a,osat�-�i�trvvd7•iv�,._=.aau" 7 1 �, ��/�I_I ,q i i t a I 1' A ^J, I MOVADO GREENS SURD MION NO. I 01( 11d, VC I ; 5�7°3JB0"E� I I " i N�9 19 f �� {• I ¢I 172,39'39' ws UOVADO SUB"SION ND. 7 0/4 CGX W.21 T.3 N.,R 1 E.,B.M. RF UP, rc lodan n _...._...... ...... -......... . _._.. .....—--- _ _... .. PROJECT: OWNERIDEVECOPER. 2030 S. WASHINGTON AVE, DWG A! 20-FOOT CITY OF MERIDIAN UTILITY EMMETT,ID 83617 121341-SC. EASEMENT 6RECKON LAND DESIGN J P: 208)398-8104 PROJECT AI NW114 OF THE NE114,SECTION 21 ����rODr�< F; f 208)398-8105 121341 CITY OF MERIDIAN, - ADA COUNTY,IDAHOLoix/5rvvc. ,LLG SHEET 812023 } WWW.SAWTOOTHLS.COM 1 of 1 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: St. Luke's Consolidated Service Center Sanitary Sewer and Water Main Easement (ESMT-2023-0112) ADA COUNTY RECORDER Trent Tripple 2023-059092 BOISE IDAHO Pgs=6 VICTORIA BAILEY 10/18/2023 08:17 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2023-0112 St. Lukes Consolidated Service Center Sanitary Sewer and Water Main Easement No. I SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 17th day of October 2023 between Meridian BC Holdings LP ("Grantor") and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation 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, 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. Sanitary Sewer and Water Main Easement Page I Version 04/17/2023 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,frees,or deep-rooted shrubs. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-ofway 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. GRANTOR: Meridian BC Holdings LP STATE OF WASHINGTON) ) ss County of Spokane ) This record was acknowledged before me on 9/? Da by on behalf of AT GP/M LLC, the Manager of ATSAW GP, LLC. the General Partner of Meridian BC Holdings LR in the following representative capacity:Manager Rtt�tlt _ Notdy Signa My Commissi Expires: c23012387`�� Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 10-17-2023 Attest by Chris Johnson, City Cleric 10-17-2023 STATE OF IDAHO, ) :ss County of Ada ) This record was acknowledged before me on 10-17-2023 (date)by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: _3-28-2028 Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023 `� LEGAL DESCRIPTION 0 r A` T H E Page 1 of 2 LAN D GROUP June 19, 2023 Project No. 122155 EXHIBIT A MERIDIAN BC HOLDINGS LP- BLACK CAT PROJECT BUILDING D -SEWER/WATER EASEMENTS Sewer/Water Easement No. 1 An easement located in the Southeast Quarter of the Northeast Quarter of Section 16,Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Section Corner common to Sections 9, 10, 15 and 16 of said Township 3 North, Range 1 West, (from which point the East One Quarter Corner of said Section 16 bears South 00'43' 09" West, 2657.26 feet distant); Thence from said Section Corner, South 00' 43' 09" West, a distance of 1328.57 feet on the East line of said Section 16 to the North 1/16th Corner common to Sections 15 and 16 of said Township 3 North, Range 1 West; Thence North 89°23'16" West, a distance of 995.89 feet on the east-west 1/16th Section line of the Northeast Quarter of said Section 16, said line also being the northerly boundary line of Parcel "B", as shown on Record of Survey number 13698 of Ada County Records, to the northeast corner of Parcel A of said Record of Survey number 13698; Thence South 00°29'04" West, a distance of 65.50 feet on the boundary line common to said Parcels A and B to the POINT OF BEGINNING; Thence continuing on said common boundary line,South 00°29'04"West, a distance of 30.00 feet; Thence North 89° 23' 16" West, a distance of 20.00 feet; Thence North 00° 29' 04" East, a distance of 30.00 feet; Thence South 89' 23' 16" East, a distance of 20.00 feet to a point on said common boundary line and the POINT OF BEGINNING. The above described parcel contains 600 square feet more or less. TOGETHER WITH: Sewer/Water Easement No. 2 An easement located in the Southeast Quarter of the Northeast Quarter of Section 16,Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Section Corner common to Sections 9, 10, 15 and 16 of said Township 3 North, Range 1 West, (from which point the East One Quarter Corner of said Section 16 bears South 00°43' 09" West, 2657.26 feet distant); Thence from said Section Corner, South 00° 43' 09" West, a distance of 2449.99 feet on the East line of said Section 16; Thence North 89°16'51" West, a distance of 393.00 feet to the southeast corner of Parcel "B", as shown on said Record of Survey No. 13698 of Ada County Records; 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc.com Page 2 of 2 Thence North 89°16'51" West, a distance of 35.80 feet on the southerly boundary line of said Parcel "B" to the POINT OF BEGINNING; Thence South 00' 29' 07" West, a distance of 14.44 feet; Thence South 40' 37' 32" West, a distance of 92.24 feet; Thence North 49° 22' 25" West, a distance of 1.00 feet; Thence North 47° 27' 52" West, a distance of 19.01 feet; Thence North 40°37' 32" East, a distance of 84.30 feet; Thence North 00° 29'07" East, a distance of 7.21 feet to a point on said southerly boundary line; Thence South 89° 16'S1" East, a distance of 20.00 feet on said southerly boundary line to the POINT OF BEGINNING. The above described parcel contains 11 982 square feet more or less. PREPARED BY: LAND THE LAND GROUP, INC. w���� �G� T a 7880 2 6-19-2023 0 James R. Washburn of�aA IN.WA 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 . 208.939.4041 • thelandgroupinc.com SECTION CORNER FOUND ALUMINUM CAP 9 1110 PER CP&F#2018-016068 16 '�15 N89°23'16"W 970.89' 1328.57" L4 So0°29'04V 65.50' ° P 0 B L12 Line Table L2 SEWER/WATER EASEMENT No. 1 LINE BEARING LENGTH 0.01 ACRES± (600 SQ. FT.) N L1 S00°29'04"W 30.00' L2 N89°23'16"W 20.00' L3 N00°29'04"E 30.00' L4 S89°23'16"E 20.00' 00 a co J L5 S00°29'07"W 14.44' CO LU CO L6 S40°37'32"W 92.24' CD PARCEL"B" L7 N49°22'25"W 1.00, ROS#13698 I L8 N47°27'52"W 19.01, L9 N40°37'32"E 84.30' N L10 N00°29'07"E 7.21' z C� I ti wV N L11 S89°16'51"E 20.00' PARCEL"A" m L12 N89°23'16"W 25.00' ROS#13698 Q M oo W C) o � I TAR d l PARCEL"A" PUB N89°16'51 V 35.80' a 7880 ROS#13698 L11 6-19-2023 0 L10 N89016'51"W 393.00' ° �� OF �pP � MERIDIAN BC HOLDINGS LP ��/ / L5 tiSR.WA APN: S1216131200 ti Lg o L7 EAST QUARTER CORNER SEWER/WATER EASEMENT No.2 FOUND BRASS CAP /15 E CP&F INSTR. No. 2015-056718 0.05 ACRES± (1,982 SQ. FT.) 3 16 a Exhibit "B" 0 200' 400' Horizontal Scale: = 200' Project No.:122155 d Date of Issuance:6-19-2023 2 % THE Sewer / Water Easement TM _ LAND City of MeridianTM o � -� 1MROUP Building D E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Windrow Neighborhood (H-2023- 0031) by Conger Group, located at the northeast corner of S. Linder Rd. and W. Amity Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:-~' AND DECISION&ORDER In the Matter of the Request for Annexation,Rezone,Preliminary Plat,and Modification of the existing Development Agreement(H-2015-0019—Inst.#2016-007443) consisting of 252 single-family residential building lots and 40 common lots on 65.10 acres in the proposed R-8 zoning district,by Conger Group. Case No(s).H-2023-0031 For the City Council Hearing Date of: September 26,2023 (Findings on October 17, 2023) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of September 26, 2023, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of September 26,2023,incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of September 26, 2023, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of September 26,2023, 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(I.C. §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(WINDROW NEIGHBORHOOD AZ,PP,RZ,MDA-FILE H-2023-0031) - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of September 26,2023,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 Annexation,Rezone,Preliminary Plat, and Development Agreement Modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of September 26,2023,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 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 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two(2)year period.Additional time extensions up to two(2)years as FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(WINDROW NEIGHBORHOOD AZ,PP,RZ,MDA-FILE H-2023-0031) -2- determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-513-6F). 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 § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67,Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of September 26,2023 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(WINDROW NEIGHBORHOOD AZ,PP,RZ,MDA-FILE H-2023-0031) -3- By action of the City Council at its regular meeting held on the 17th day of October 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 10-17-2023 Attest: Chris Johnson 10-17-2023 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 10-17-2023 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(WINDROW NEIGHBORHOOD AZ,PP,RZ,MDA-FILE H-2023-0031) -4- EXHIBIT A STAFF REPORT C: E IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 9/26/2023 Legend DATE: OProject Location 0 TO: Mayor&City Council '� -, ` FROM: Stacy Hersh,Associate Planner 208-884-5533 --� SUBJECT: Windrow Neighborhood H-2023-0031 LOCATION: Located at the NEC of S.Linder Road and W. Amity Road in the SW I/ of - ----- Section 25, Township 3N,Range 1 W (Parcels#S 1225347078,#S 1225325700, ;, ®®� #S1225336520,#S1225336505). --- I. PROJECT DESCRIPTION Request for Annexation of approximately 46.133 acres of land from RUT in Ada County to the R-8 zoning district; • Rezone of 19.62 acres from the R-4 zoning district to the R-8 zoning district; • Preliminary Plat consisting of 252 single-family residential building lots and 40 common lots on 65.10 acres in the proposed R-8 zoning district; and • Modification of the existing Development Agreement(DA) (H-2015-0019 -Inst. #2016-007443) for the purpose of creating a new DA to develop the proposed residential subdivision(Note: The MDA application requires Council action only). II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage AZ—46.133 acres;RZ— 19.62;PP—65.10 acres; Future Land Use Designation Medium Density Residential(MDR,3-8 du/ac) Existing Land Use(s) County and City residences and several outbuildings Proposed Land Use(s) Detached Single-family Residential Lots(#and type;bldg./common) 292 total lots—251 residential building lots, 1 existing home,and 40 common lots Phasing Plan(#of phases) Proposed as five(5)phases Page 1 Description Details Page Number of Residential Units 252 single-family units Density Gross—3.87 du/ac. Open Space(acres,total Approximately 10.39 acres of open space proposed /buffer/ ualified) ((approximately 16 Amenities Four(4)qualifying amenities are proposed,totaling 15.5 amenity points—Large Dog Park,Neighborhood Park with a play structure,climbing dome,seating areas w/shelter, other open green space with picnic areas,and multi-use athway segments. Physical Features(waterways, The Calkins Lateral and Carlson Lateral bisect the site hazards,flood plain,hillside Neighborhood meeting date March 30,2023 History(previous approvals) South Meridian Annexation H-2015-0019,Development Agreement Inst.2016-007443 B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no Access Access is proposed via S.Linder Road,an existing arterial along the entire west boundary (Arterial/Collectors/State and via W.Amity Road,an existing arterial street along the entire southern boundary of Hwy/Local)(Existing and the property. Proposed) Stub No existing stub streets.Applicant is proposing five stub streets with this project;two to Street/Interconnectivity/Cross the east/west for Street B,one to the east for Street K,one to the east for Street O,and Access one to the north for Street P. Existing Road Network No Capital Improvements Capital Improvements Plan(CIP)!Integrated Five Year Work Plan(IFYWP): Plan/Integrated Five Year Linder Road is listed in the CIP to be widened to 3-lanes from Victory Road to Amity Road Work Plan between 2036 and 2040. • The intersection of Linder Road and Amity Road is listed in the CIP to be reconstructed as a dual lane roundabout with a westbound right-turn bypass lane with 4-lanes on the north leg. 4-lanes on the south, 4-lanes on the east, and 4-lanes on the west leg between 2036 and 2040. • Victory Road is scheduled in the IFYWP to be widened to 3-lanes from Linder Road to Meridian Road with the design year in 2026 and the construction date has not been determined • The intersection of Linder Road and Victory Road is listed in the CIP to be reconstructed as a single-lane roundabout between 2036 and 2040. • The intersection of Amity Road/SH-69 is listed in the CIP to be widened to 6-lanes on the north leg,6-lanes on the south,7-lanes on the east,and 7-lanes on the west leg and signalized between 2031 and 2035. Fire Service • Distance to Fire 2.2 miles from Fire Station#6 Station • Fire Response Time The project currently lies outside of the Meridian Fire response time goal of 5 minutes. This project currently falls in an area where we don't have total response times that meet NFPA 1710 standards or the current city of Meridian adopted standards. — Page 2 Description Details Page • Accessibility Proposed project meets all required road widths and turnaround dimensions as presented in the preliminary plat. Any changes shall require Fire Department approval if any roadways or accesses are changed. The shared drives shall have an address sign at each entrance and the roadways shall be maintained 365 days a year for Fire,EMS,and Police responses. The ends of the common driveways shall be signed"No Parking Fire Lane" per Appendix D of the 2018 IFC and ACHD sign standards. A phasing plan was submitted and approved by the Fire Department. Any changes to this plan shall be approved by the Fire Code Official or his designee. Water&Wastewater • Impacts/Concerns See Public Works Site Specific Conditions in Section HIT C. Project Area Maps Future Land Use Map Aerial Map Legend Legend ZProject Location �W si rA Project Location Residential 9 MedsH gh D �nsitY "r/. sid Reential c� /�/ c ur r u Metlium M1 Density Residential \` Zoning Map Planned Development Map Ru Legend � � Legend Project Location R 8 R-8 a Project Location f c R-4 Y City Limits R�T� Planned Parcels R-40 R-15 R-8 I!I RUT RUT u Ll�56 R=4 R-12 RUT TN-R R-4 ®� RI6 RUT Page 3 III. APPLICANT INFORMATION A. Applicant: Laren Bailey, Conger Group—4824 W. Fairview Avenue,Boise,ID 83706 B. Property Owner: Open Door Rentals, LLC- 1977 E. Overland Road,Meridian, ID 83642 C. Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 8/16/2023 9/10/2023 Radius notification mailed to properties within 500 feet 8/11/2023 9/8/2023 Site Posting 8/25/2023 9/12/2023 Nextdoor posting 8/07/2023 9/11/2023 V. COMPREHENSIVE PLAN ANALYSIS LAND USE: This property is designated as Medium Density Residential(MDR) on the Future Land Use Map(FLUM) contained in the Comprehensive Plan. This designation allows for dwelling units at gross densities of 3 to 8 dwelling units per acre. The subject property spans a total of 65.10 acres,with 19.967 acres already annexed as Medium- Density Residential(R-4)containing an existing home. The remaining 46.133 is proposed to be annexed with R-8 zoning. Currently,the subject site abuts an R-4 zoning district to the north,while the east,west, and part of the south are occupied by county residential not yet annexed into the City of Meridian. To the south,there is Medium-Density Residential(R-4),which is included as part of the South Meridian Annexation. The subject property is designated as Medium Density Residential on the future land use map consistent with the approved Brundage Estates Subdivision to the north. The Applicant proposes a 251-lot subdivision for single-family residential detached homes and one (1) existing home to remain at a gross density of 3.87 units per acre,which is within the desired density range of the MDR designation. TRANSPORTATION: The Master Street Map(MSM)does not depict any collector streets across this property. South Linder Road along the western boundary of this site is designated as a residential arterial street and is listed in the ACHD CIP to be widened from 2-lanes(one in each direction)with no curb, gutter or sidewalk to 3-lanes between 2036 and 2040.West Amity Road is currently improved with 2 travel lanes(one in each direction)and has no curb, gutter or sidewalk. The intersection of Linder Road and Amity Road is listed in the CIP to be reconstructed as a dual lane roundabout with a westbound right-turn bypass lane with 4-lanes on the north leg,4-lanes on the south,4-lanes on the east, and 4-lanes on the west leg between 2036 and 2040. 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): Page 4 • "Establish and maintain levels of service for public facilities and services,including water, sewer, police,transportation, schools,fire, and parks"(3.02.01 G). City water&sewer are currently available directly adjacent to this site. Public Works has discussed the requirements and outlined the path to receiving services in the Public Works specific conditions in Section VIII.B. Fire Station#6 will be within 2.2 miles of the project and the project will be located in an area where the Fire Department does not have a total of response times that meet the standards or current City of Meridian adopted standards. • "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 medium-density single-family detached homes will contribute to the variety of residential categories in the City by adding a diverse range of housing sizes and price points. • "With new subdivision plats,require the design and construction of pathways connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities."(2.02.01A). The proposed plat depicts a total of 10.39 acres (or 16.0016) of qualified open space, much of which is usable, and quality amenities consisting of a large dog park, neighborhood park (swings,play structure, climbing dome, seating areas, additional pathway), 10'wide regional pathways, and shade structures with picnic area.A future City park is planned approximately a half mile northeast of the proposed development. Because this site is located in a rural area, there are no sidewalks along S. Linder Rd. or W. Amity Road to provide pedestrian and bicycle access. For this reason, Staff recommends the detached 10 foot wide sidewalk along the project's entire frontage adjacent to S. Linder Rd. and W.Amity Rd. to be installed with the first phase of development. • "Coordinate with developers, irrigation districts,and drainage entities to implement the proposed pathway network along canals, ditches,creeks,laterals,and sloughs."(3.08.02B). The Applicant is proposing a segment of pathway along the Calkins Lateral consistent with the Pathways Master Plan. • "Provide options for passive recreational opportunities not typically supplied by parks and facilities such as jogging,walking, and bicycling."(4.04.01B). The applicant is proposing micro- paths within the large central open space that have efficient access to the proposed regional pathway network around the perimeter of the project creating ample opportunity for these passive recreational elements. • "Annex lands into the corporate boundaries of the City only when the annexation proposal conforms to the City's vision and the necessary extension of public services and infrastructure are provided." (3.03.03) The proposed development plan is consistent with the City's vision in terms that medium-density residential uses are proposed; however, only one housing type is proposed rather than a mix of housing types as desired. Public services and infrastructure are proposed to be provided. • "Provide options for passive recreational opportunities not typically supplied by parks and facilities, such as jogging, walking, and bicycling." (4.04.01A). The extensive pathway system proposed within the Windrow Development will provide for recreational opportunities such as jogging, walking, and bicycling. The Windrow Neighborhood Page 5 will also provide for passive recreational activities such as nature and wildlife viewing within attractively landscaped areas that will create a calming and relaxing sense of place. • "Slow the outward progression of the City's limits by discouraging fringe area development; encourage development of vacant or underutilized parcels currently within City limits." (4.05.03B) The proposed project is in the City's `fringe"area; therefore, it may not be a priority area for extension of City services and development, because there are still vacant entitled properties to the north yet to be developed. Staff finds the aforementioned analysis and policies in general make the project consistent with the Comprehensive Plan. VI. STAFF ANALYSIS A. ANNEXATION(AZ) : The Applicant proposes to annex 46.133-acres of land with an R-8 zoning district. A legal description and exhibit map for the annexation area is included in Section VIII.A. This property is contiguous to City annexed land to the north and south and 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. B. REZONE (RZ): When a portion of the property was annexed into the City of Meridian in 2015 it was zoned R-4 to help delineate that this property would be developed as residential. The Development Agreement that was created as part of this original annexation dictated that the City would have services available as soon as possible and the first Rezone application would be free of charge. This stipulation regarding a Rezone application was made because the annexation was City initiated and the property had no concept plan or specific development planned at the time of annexation;the City understood future development may not match the existing zoning and gave future applicants the opportunity to propose a different zone with redevelopment of the property. A legal description and exhibit map for the rezone area is also included in Section VIII.A. A preliminary plat and conceptual building elevations were submitted showing how the property is proposed to be subdivided and developed with 251 single-family detached dwelling units, one (1)existing residential home is to remain, and 40 common lots at a gross density of 3.87 units per acre(see Sections VIII.B, H). The proposed use and density of the development is consistent with the MDR FLUM designation. C. DEVELOPMENT AGREEMENT MODIFICATION(MDA): The Applicant proposes a modification to the existing Development Agreement(DA) (Inst. #2016-007443) for the purpose of creating a new Development Agreement to develop the proposed residential subdivision. The DA will be tied to the submitted preliminary plat and be required to develop the property per the submitted plans and proposed housing types. Staff finds the proposed project and the requested applications to be generally consistent with the future land use designations within this project site. As a provision of the new DA, Staff recommends the property located at 1100 W. Amity Road no longer be subject to the terms of DA Inst.#2016-007443 (South Meridian H-2015- 0019) and be subject to the terms of the new DA. The Applicant has provided a legal Page 6 description and exhibit map encompassing the entire project boundary that will be governed by the new DA included in Section VIII.B. D. PRELIMINARY PLAT(PP): The proposed preliminary plat consists of 251 building lots, one (1) existing home, and 40 common lots on 65.10-acres in the proposed R-8 zoning district. Proposed lots range in size from 4,725 to 10,000 square feet(s.f.)(or 0.11 to 0.23 acres). The proposed gross density of the subdivision is 3.87 units per acre. The subdivision is proposed to develop in six phases as shown in Section VIII.C. The Applicant is proposing six(6)phases within this development.Phases 1-4 are situated to the west of the Calkins Lateral, while Phases 5-6 are located to the east of the Calkins Lateral. Staff recommends that the main entrance from S.Linder Rd. and the main entrance via W. Amity Rd. be constructed with the firstphase of development. Furthermore, the firstphase of development should encompass the construction of both the 10'detached sidewalks and the entire street buffers along the frontage of S. Linder Rd. and W.Amity Road. Staff believes that the construction of the multi-use pathway along the Calkins Lateral should take place during Phase four(4)instead of waiting until Phase Six(6). This modification aims to provide an extra amenity to the neighborhood at an earlier stage. Staff generally supports the phasing plan;however, the Applicant should provide a revised color phasing plan in addition to the proposed fire phasing plan in Section VIII.F prior to the City Council Hearing. Existing Structures/Site Improvements: According to GIS imagery,there are existing homes and other outbuildings adjacent to Linder Road and Amity Road that will be removed upon development of Windrow Neighborhood.An existing home on Lot 1,Block 10 is proposed to remain. No other site improvements are known. All existing structures that do not conform to the setbacks of the district are required to be removed with the first phase of development, as proposed. Dimensional Standards(UDC 11-2): The proposed plat and subsequent development are required to comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. The proposed preliminary plat appears to comply with the dimensional standards of the district. Access(UDC 11-3A-31: Two(2)arterial streets(S. Linder Road and W. Amity Road)and one (1) temporary emergency-only access is proposed via S. Linder Rd. and a secondary emergency connection is proposed across the northern end of the Calkins Lateral; one (1) stub street is proposed to the north and west and three (3) stub streets are proposed at the east boundary of the site for future extension in accord with UDC 11-3A-3. Each phase of development is proposed to have two (2)accesses for emergency services;the main entrance from S. Linder Rd. and the main entrance via W. Amity Rd. shall be constructed with the first phase of development. The proposed emergency access plan was approved by the Fire Department in Section VIII.F.As noted above,staff recommends the main entrance from S.Linder Rd. be constructed with the first phase to eliminate the need for the temporary emergency access as proposed by the applicant. Currently,Amity Road is improved with 2-travel lanes and no curb, gutter or sidewalk abutting the site and Linder Road is improved with 2-travel lanes and no curb,butter or sidewalk abutting the site. Linder Road is listed in ACHD's Capital Improvements Plan(CIP)to be widened to 3- lanes from Victory Road to Amity Road between 2036 and 2040. The intersection of Linder Road and Amity Road is listed on the CIP to be constructed as a dual lane roundabout with a westbound right-turn bypass lane with 4-lanes on the north leg,4-lanes on the south,4-lanes on Page 7 the east, and 4-lanes on the west leg between 2036 and 2040. Based on the ACHD Staff report findings concerning the traffic impact study(TIS),the Applicant is advised to construct specific turn lanes at site Access A and site Access B to mitigate traffic concerns. For site Access A on Linder Road,a southbound center left-turn lane and a northbound temporary right-turn lane are recommended per ACHD's specification. For site Access B on Amity Road, an eastbound center left-turn lane and a westbound temporary right-turn lane are recommended per ACHD's specifications. These measures should be implemented as alternative mitigation until the roadways are widened. Additionally,ACHD's Staff comments/recommendations regarding the proposed street sections within this development indicate that Street K and Street O do not conform to ACHD's District policy. Therefore,the Applicant is required to construct these streets as 33-foot wide street sections. These streets are to be designed in such a way that they stub to adjacent parcels and can be extended in the future(see snapshot of ACHD"s recommendations below). d. Staff CommentslRecommendations: The applicant's proposal for Street A, Street B, Street C, Street D, Street E, Street F. Street G, Street H, Street J, Street L, Street M, Street N, and Street P meets District policy and should be approved, as proposed_ The applicant's proposal for Street K and Street O does not meet District policy_The applicant should be required to construct Street K and Street O as 33-foot street sections as they stub to adjacent parcels and will be extended in the future. The applicant's proposal to construct the entrances of Street A and Street H as 52-foot street sections with a 10-foot wide landscape median and two 21-foot lanes meets District policy and should be approved, as proposed. The applicant should be required to plat the landscape medians as right-of-way owned by ACHD. The applicant or future home-owners association should enter into a license agreement with ACHD if landscaping is desired within the island_ Parking is allowed on one side of a reduced width street(Streets C, D, E, F,G, M, N, O). The applicant should be required to install "NO PARKING' signs on one side of all reduced width streets and an both sides of Street H. The applicant should be required to coordinate a signage program with District Development Review staff. The applicant's proposal for four cul-de-sac turnarounds meets District policy and should be approved, as proposed. The cul-de-sac turnarounds should be constructed with a minimum radius of 50-feet_ The Applicant should re-design Street A, Street B, Street C, Street J, Street L, Street M, and Street O to be less than 750-feet in length or provide traffic calming design elements approved by ACHD Traffic Services. Staff recommends that the Applicant submit a revised preliminary plat showing the redesigned roadways for review and approval prior to plan approval and ACHD's signature on the first final plat. Furthermore,ACHD is requiring the Applicant to have approved plans for the crossing of Calkins Lateral(Street A)prior to the pre-construction meeting and final plat approval. Staff recommends that the Applicant comply with ACHD's conditions of approval. Subdivision Design and Improvement Standards (UDC 11-6C-3): Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3,including but not limited to streets, common driveways and block face. There are three(3)common driveways proposed; such driveways should be constructed in accord with the standards listed in UDC 11-6C-3D.A perpetual ingress/egress easement shall be filed with the Ada County Recorder or a note added to the final plat that contains a common driveway, which shall include a requirement for maintenance of a paved surface capable of Page 8 supporting fire vehicles and equipment.An exhibit was submitted with the application that depicts the setbacks,fencing, building envelope, and orientation of the lots and structures accessed via the common driveway(See Section VIII.G). If a property abuts a common driveway but has the required minimum street frontage and is taking access via the public street, the driveway should be depicted on the opposite side of the shared property line from the common driveway.Address signage should be provided at the public street for homes accessed via common driveways for emergency wayfinding purposes. Staff concludes that the common driveway exhibit submitted appears to satisfy the UDC code requirements. Block length is required to comply with the standards listed in UDC 11-6C-3F. Block faces should not exceed 750' in length without an intersecting street or alley unless a pedestrian connection is provided,then the block face may be extended up to 1,000' in length. In accordance with UDC 11-6C-3F.4, a block face should not exceed 1,200 feet,unless a waiver is granted by the City Council. In certain cases, as specified in section(F)(3)of this regulation,traffic calming measures may be necessary for blocks that surpass 1,000 feet in length. Staff finds that Street A,Street B, Street C, and Street M each include a pedestrian connection that meets the conditions outlined in UDC 11-6C-3F as stated above. Staff has determined that Street L should incorporate a pedestrian connection located within Block 11 that connects to the east to break up the block length. The Applicant has initially proposed a block length of 1,229 feet for Street "J"in Section VIII.H;however, upon verifying the measurement,Staff found that Street "J"actually exceeds a length of 1,800 feet. The Applicant is seeking a Council Waiver for the block length. However,Staff believes in order for the Council to grant the waiver, the Applicant should extend a public street across the northern edge of the Calkins Lateral in the location where the emergency access is proposed. This topic was discussed during the pre-application meeting. The applicant has indicated that the irrigation district wants to limit the number of crossings over the lateral however,staff doesn't have any written documentation of such a request. Staff recommends that the applicant provide written documentation from the irrigation provider stating that another public street connection is not desired prior to the City Council hearing. Moreover, to help reduce traffic speeds, the design of Street "J"incorporates curves, however, the applicant should still incorporate traffic calming measures as required by ACHD and UDCll-6C-3F. Further,Staff recommends that the Applicant incorporate an additional pedestrian connection and pedestrian bridge over the Calkins Lateral from the north side of this road through Lot 46 or Lot 47,Block 7 to align with the cul-de-sac. Incorporating an additional pedestrian bridge in the center of the development enhances accessibility to the open space and amenities within the area. If the applicant doesn't want to extend the road and install the additional open space and pedestrian bridge as recommended, the block length for street "J"should not exceed 750 feet as required by the UDC. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit. Staff will confirm compliance for single-family dwellings based on the number of bedrooms per unit. Staff will confirm compliance with these standards at the time of building permit submittal for each residence. According to the submitted elevations, each home is proposed with a two-car garage or a three- car garage which presumes a 3 to 5-bedroom home and would require a minimum 20 foot to 3- foot wide driveway for each building lot. In addition, as discussed above, some of the streets within this development are proposed as 27 foot wide street sections which only allow parking on one side of the street instead of both sides as allowed on the standard 33 foot section. The Applicant has submitted a "Parking Plan"that illustrates an additional 428 on-street parking Page 9 spaces (over 1.7 additional parking spaces per home) available for use by the residents (See Section VIII.I). Sidewalks&Pathways (UDC 11-3A-17& UDC 11-3A-8): 5-foot wide attached and detached sidewalks are proposed along the internal local streets consistent with UDC requirements. The Applicant is also proposing other pedestrian walkways throughout the entire site. According to the Meridian Master Pathways Plan, a 10-foot wide detached multi-use pathway is required along S. Linder Road(a residential arterial), a detached 10-foot wide pathway along W. Amity Road(a residential arterial),and a 10-foot pathway is required along the Calkins Lateral. The Applicant has included the pathways on the plans; however, the pathway widths are not indicated on the plans to determine if they are consistent with the UDC The Applicant is required to place the multi-use pathways within public access easements adjacent to the public streets unless they are within ACHD right-of-way. Additionally, the common driveways located at the northwest corner and southwest corner of the development should incorporate micro paths adjacent to the 5-foot landscape buffers to enhance walkability within the neighborhood. Staff recommends the Applicant revise the plat and landscape plans to include the dimensions of the pathways and micro paths on the plans. The landscape plan does not depict landscaping on each side of the 10 foot multi-use pathway along the Calkins Lateral. Landscaping is required along all pathways in accordance with the standards listed in UDC 11-313-12C; a landscape strip a minimum of five (5)feet wide shall be provided along each side of the pathway with a mix of trees, shrubs, lawn, andlor other vegetative ground covers. Landscaping(UDC 11-3B): A 25-foot wide street buffer along S. Linder Road, an arterial street,and a 25-foot wide street buffer along W.Amity Street,an arterial street, are required and should be landscaped per the standards in UDC Table 11-313-7C.All landscape areas should be landscaped per UDC 11-3B-5, general landscaping standards. Lastly,according to the submitted plans,the Applicant is proposing pathways and micro-paths which should be landscaped in accord with UDC 11-313-12 standards. The Applicant is showing a 25 foot wide common lot along S. Linder Road and a 25 foot wide common lot along W. Amity Road consistent with UDC code requirements. The landscape buffers are depicted with trees in excess of code and include landscape beds with shrubs and other vegetative ground cover, consistent with UDC 11-3B-7. Therefore, Staff finds the proposed street buffers comply with all UDC requirements. In addition, all open space areas are shown with trees, sod, and other landscaping in excess of minimum code requirements. Fencing(UDC 11-3A-7): All fencing is required to comply with the standards listed in UDC 11- 3A-7.According to the submitted landscape plans, the Applicant is proposing 6-foot vinyl privacy fencing along the perimeter of the property and the rear lot lines and a 4-foot or 5-foot tall wrought iron open vision fencing adjacent to any common open space areas. Both fencing types and their proposed locations comply with UDC standards. Qualified Open Space(UDC 11-3 : The proposed project is approximately 65.10 acres in size requiring a minimum amount of open space based on the requested zoning. Per UDC Table 11- 3G-3,the R-8 area requires a minimum of 15%qualified open space. Per the calculations,the minimum amount of qualified open space required is 9.77 acres. According to the submitted plans,the Applicant is proposing 10.39 acres of qualified open space, exceeding the minimum amount required. The proposed 10.39 acres equates to approximately 16%qualified open space. The qualified open space proposed consists of% of the arterial street buffer to S. Linder Road, of the arterial street buffer to W.Amity Road, there are several large central open space areas, and several smaller common open space areas located throughout the development. The Page 10 landscape buffers to the adjacent a. Enhanced landscaping asset forth in Article 11-313,Landscaping Requirements; arterial/public streets meet the b. Multi-use pathways; enhanced buffer requirements outlined C. Enhanced amenities with social interaction characteristics; in UDC 11-3G-3B.3 to count towards d. Enhanced context with the surroundings. the open space. Previously, these areas automatically qualified towards the minimum open space but this is no longer the case with the latest open space code updates that desires for more than the minimum to be included within the required buffers in order to count towards the overall qualified open space for a project. The Applicant appears to comply with all four(4)points outlined in code (See Section VIII. D&E). Additionally, the parkways depicted on the Open Space Exhibit as qualifying open space appears to meet the three (3)points outlined in code (See Section VIII. D &E). a. The parkway meets the minimum width standard as set forth in subsection 11-3A-17E of this Chapter. b. The parkway is planted with street trees in accord with Section 11-3B-7,"Landscape Buffers Along Streets",of this Chapter. c. Except for alley accessed dwelling units,the area for curb MOD each residential lot or common driveway shall be excluded from the open space calculation.For purposes of this calculation, the curb cut area shall be twenty-six(26(feet by the width of the parkway. The centralized open space area on Lot 14, Block 12 depicts playground equipment with shelter, a climbing dome, seating areas, all connected to the surrounding local streets via 5-foot wide sidewalks. The centralized open space on Lot 6, Block 5 and Lot 3, Block 9 depict, large open grass areas,picnic shelter, and internal pathways. Overall,Staff supports the proposed open space and their locations being centralized within the development for fairly equitable access on both sides of the Calkins Lateral with the fire access available from the north and the pedestrian bridge access from the south over the Lateral. As mentioned above,Staff recommends the Applicant incorporate an additional pedestrian connection and pedestrian bridge over the Calkins Lateral from the north side of Street "J"through Lot 46 or Lot 47, Block 7 to align with the cul-de-sac. Incorporating an additional pedestrian bridge in the center of the development enhances accessibility to the open space and amenities within the area. Amenities (UDC 11-3 : UDC 11-3G-4 dictates the minimum amenity points required for projects over 5 acres in size. The project size of 65.10 acres requires a minimum of 13 amenity points (1 point for every 5 acres).According to the submitted plans and narrative,the Applicant is proposing the following qualifying amenities: playground park(includes play structure, climbing dome, climbing rocks, swings,passive open spaces, and seating areas) in Phase 6,fenced dog park (includes seating benches,dog waste facility,micro-pathway)in Phase 1,Picnic shelter on Lot 6, Block 5 and on Lot 3,Block 9 in Phase 2 and Phase 5,and three segments of 10' wide multi-use pathways equaling approximately 4,000 linear feet each in length in Phases 1 and 6.According to UDC Table 11-3G-4,the proposed amenities total 15.5 amenity points and exceed the minimum amenity point requirements for a project of this size. Staff has concerns regarding the amenities provided across different phases within the development. As mentioned above,Staff recommends that the 10'pathway along the Calkins Lateral should be constructed with Phase Four(4) instead of waiting until Phase Six(6). To address the issue of timing,Staff recommends that Lot 10,Block 8 in Phase 4 should include another qualifying amenity for the northern portion of the neighborhood, ensuring that residents are not waiting until Phase 6 for the proposed playground on the eastern side of the lateral. Additionally,in the interest of enhancing the enjoyment of open space areas,Staff finds the picnic areas on Lot 6,Block 5, and Lot 3,Block 9 should be equipped with tables and benches with the proposed shade structures in accordance with UDC 11-3G-4. Staffs recommendations are aimed at ensuring Page 11 there are adequate amenities within each phase. A detail of the amenities should be submitted with the final plat application for the phases in which they are located. Waterways(UDC 11-3A-6): According to GIS imagery,the Calkins Lateral bisects the site and continues to northern boundary and the Carlson Lateral bisects the eastern parcel of the proposed development. The Calkins Lateral runs across the northeast corner of this site within a 51-foot wide easement. The Applicant proposes to leave the waterway open and improve the area as a linear open space with a pathway as allowed by UDC 11-3A-6B.2. It is presumed that the Carlson Lateral is being tiled and relocated as part of the construction of this development. The Applicant is required to comply with UDC 11-3A-6 and ensure this irrigation facility bisecting the eastern property is tiled or relocated. Staff recommends that the Applicant graphically depict the relocation of the easement on the plat prior to the City Council hearing. Furthermore,irrigation easements wider than ten (10)feet shall be included in a common lot that is a minimum of twenty(20)feet wide and outside of a fenced area, unless otherwise waived by City Council in accord with UDC 11-3A-6. Utilities(UDC 11-3A-21): The Applicant is proposing and is required to extend necessary public utilities for the proposed project. Public Works has reviewed the subject applications for compliance with their standards and finds them to be in general compliance, see the specific conditions outlined in Section VIII.B of this report. 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 follow best management practice as adopted by the City as set forth in UDC 11-3A-18. Building Elevations(UDC 11-3A-19 I Architectural Standards Manuan: The Applicant submitted conceptual building elevations for the proposed homes.Note that detached single- family homes do not require Design Review approval prior to building permit submittal. The submitted elevations depict varying roof profiles and colors with the same or similar field materials of lap siding and stone accents for the detached home. Overall, Staff finds the submitted elevations to comply with the minimum standards but hopes future elevations depict more variation in finish materials to help delineate the building facades along public streets. VII. DECISION A. Staff: Staff recommends approval of the requested annexation,rezone,preliminary plat and development agreement modification applications with the requirement of a new DA per the conditions of approval in Section IX and the Findings in Section X of this staff report. B. The Meridian Planning&Zoning Commission heard these items on September 7,2023.At the public hearing,the Commission moved to recommend approval of the subject Annexation, Preliminary Plat,Rezone and Development Agreement Modification requests. 1. Summary of Commission public hearing: a. In favor: Hethe Clark b. In opposition:None c. Commenting: d. Written testimony: None e. Staff presenting application: Stacy Hersh,Associate Planner Page 12 f Other Staff commenting on application:None 2. Key issue(s) testimony a. None 3. Key issues)of discussion by Commission. a. Concerns with the Block length of Street"J"and how to mitigate the traffic flow. 4. Commission change(s)to Staff recommendation: a. None 5. Outstandingissue(s)ssue(s) for City Council: a. None C. The Meridian Citv Council heard these items on September 26,2023.At the public hearing.the Council moved to approve the subject Annexation.Preliminary Plat.Rezone. and Development Agreement Modification requests. 1. Summary of the City Council public hearing: a. In favor: Hethe Clark,Applicant Representative b. In opposition: None c. Commenting: Brooke Green.ACHD d. Written testimony. Mike&Melissa Bernard: Beck Mckay,Engineering Solutions e. Staff presenting application: Bill Parsons,Planning Supervisor f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. Concerns regarding the block length for Street J and implementation of traffic calming measures and possibly installing a raised crosswalk. b. Frontage improvements along Amity Road&Linder Road with Phase One. c. Concerns with the property on the corner and pedestrian connections at the intersection of Linder Road&Amity Road as it relates to this project. 4. City Council change(s)to Commission recommendation: a. Removal of condition 3.g and a Council Waiver granted for the block length of Street J. Page 13 VIII. EXHIBITS A. Annexation and Rezone Legal Descriptions and Exhibit Maps awtooth Land 5urvep.nej. LL P (c08) 398.8104 `"- (ZO8) 398-$,05 2030 5. Wa5hin*on Ave., Emmett, ;D 83 17 Windrow Annex4adon Description BASIS OF BEARINGS is N. V3128" E. between a found brass cap LS 737, marking the southwest Comer of 5"an 25 and a found aluminum cap PLS 13934 marking the 1/4 corner common to Sections 25 and 26,T- 3 N„ R, 1 W,, B.M., Ada County, Idaho. A parcel of land located in the SW114 of 5D on 25,Township 3 North, Range 1 blest, Boise Meridian, Ada County, Idaho, more particularly described as follows: COMMENDING at a brass cap marking the southwest canner of said Section 25; Thence N. 0"31'28" E., coincident with the west line of sald SWI/4 and the Centerline of S, Under Road, a distarrte of 364-11 feet to a 518"rebar with an Illegible cap and the POINT OF BEGINNING; Thence continuing, N. 0113126"E., colncidentwith said west line and said centerline, 962.17 feet to a 5/8"rebartcap PLS 11574 marking the 51116 corner common to Sections 25 and 26, Thence continuing, N. 0131'28"E., coinaidentwith said west line and said centerline, 760.50 feet to the Centerline of the Calkins Drain; Thence leaving Bald west Ilne and said centerline and coincident with said centerline of the Calkins Drain tt►e followlag Ave(5)courses and distances: Thence$-82°51'07"E„95,25 feet; Thence S. 7V2842"E., 5100 feet; Thence S. 591116A1"E,,42.DO feet; Thence 5. 4304442"E.,45.00 feet; Thence S. 411124'42° E., 913.66 feet to the north line of the SW114 of the S 114; Thence 5, 89129'27"E., coincident with the north line of said SW114 of the SWI/4,a distance of 504.44 feet to a 1/2"rebar{cap PLS 6552 marking the 5W1116 corner of said Section 25; Thence S. 0529%"W„coincident with the east line of said SWI/4 of the 5YV114, a distance of 1325.09 feet to a 5/8"rebar{cap PLS 5617 marking the W1/16 corner common to Sectlons 25 and 36 and the centerline-of W. Amity Road; Thence N. 8903233"W, coincident with the south Ilne of said SW1/4 4f the SWI14 and said centerline of W. Amity Road, 1025.52 feet to a 5/8'rebar{cap PLS 5617, P,12923kl EM1M23048-WINDR04M SiJS-CON ERlSurveylDrawings%LegaI DsscrlpllonsllNindebw Annexation.dacx Page: 11 Page 14 Thence im4ng said south line and Said centerline, N. 0131'28"E-, parallel with Said west line 3154-11 feet to a 5/8"rebar)cap PL5 5617, Thence N. 64133233"W., parallel with Sald South I11e, 300.04 feet to the POINT OF BEGINNING. Said paroei oontai-ns 46.L33 mare or less, 1 2 Ur R M3ti1 EM1'Ll 23046-VVIN DRCWW SUB-CONGEMSurveytiDra+winstiLegar DeseriphonslYlrindrow Arinexatan.docx P3r� a �# Page 15 , t I 7 n, I L � i 9 Wc m � I Y f } i w LIP q ` on asown sa rr O. �I 3"rmv#R d4 EMU A)dd Page 16 Milk 5awtooth Land 5vrvf Fyn j, LLC �71 .-'.s�� F: (2081 368-8 0 04 f! (208) 3oa-8 1 o5 2 Wan*srigton Ave-, Emmett, rD 33G 1 7 Windrow ndraw East Rezone Descri ptton BASIS OF BEARINGS i5 N. 4031'2S" E. betwaen a round bass cap LS 737, marking the southwest corner of Section 25 and a found aluminum cap PLS 13934 marklrrg the 1/4 corner common to Sections 25 and 26.T, 3 N., R. 1 Val., B.M.,Ada County, Idaho. A parcel of land Intated in the SEI/4 of the 5W114 of Section 25r Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows; i COMMENCING at a brass cap marking the southwest corner of said Section 25; Terence S. 89°32'33"E.r coincident with the south iine of said SWI/4 and the centerline of W. Amity Road, 1325.56 feet to a 5/8"rebar}cap PLS 5617 marking the W1/16 carver common to Sectlom 25 and �6and the POINT OF BEGINNING; Thence leaving Bald south lane and said centerline, N. O°29'06"E.r wrcident with the west line of said SE1/4 of the SWI/4, a distance of 1325-69 feet to a 1 f2"rebar{cap PLS 6552 marking the SW1116 Comer of said Section 25; Thence S. 59112927"E.,coincident wlth the north line of said SEL/4 of the SW1/4, a distance of 644.28 feet to a 1/2"rebarJno cap; Thenoe leaving said north liner 5- V26'12"W, 1324.51 feet to a 5/8"rebar/no cap on said south lure and said centerline; Thence N. 89°3233"W,coincident with said south line and said centerline, 645.45 feet to the POINT OF BEGINNING. Said parcel contains 19.611 acres more or less. L r4 11574 F WjA R 202311 EM111234148-WrNnOW SUS-CONnEMSurveytiDrawing5%LegaI Deacript;onslW ridrow East Rezone.docx Page 17 PRO 63% � : 71 Y rwb'lv.+w7fi F 9. lJHG►'Y Xp naumzre ti 4 y� h d0'3['Jik'r lV.ii' PU kill -- �-- _� � y xomom•f J72S M' ;� o 5�71.7t IA'fi fl' All Fa Page 18 B. Windrow DA Boundary Legal Description and Exhibit Map 51wtooth Land SurVeyfflq, LLC I'= (208j' 3 -e�0 04 P; UW)398-8 1 05 2030 S. WpsHimc3 oi+Ave , tmMett, iQ,831�17 Windrow Boundary Description CIS OF BEARINGS i5 N- 0631'28" E. between a found brass Cap LS 737, marking the southwest corner of Section 25 and a found alurninurn tap PLS 13934 marking the 114 corner common to Sections 25 and 26,T.3 N., R. 1 W_ &M., Ada County, Idaho, i A parcel of land Yocated in the SW1/4 of Section 25, Township 3 North, Range 1 West, Boise Merldian, i Ada County, Idaho, more particularly dexribed as follows: i CDMMENC3NG at a brass Cap marking the southwest corner of Bald Section 25; Thence N. 091'28" E., coincident with the west line of said SW 1/4, a distance of 364,11 feet to a 518" rebar with an illegible cap and the POINT OF BEGINNING; Thence continuing, N. 01131'28"E., eolnddent with said west line and said centerline,962.17 feet to a 518"rebar/cap PLS 11574 marking the S1/16 comer common to Sections 25 and 26; Thence contlnuing, N. 003128"E., coinddent with said west line and said centerline, 760.50 feet to the centerline of the Calkins Drain; Thence leaving said west line and said centerline and coincident with said centerline of the Calkins Drain the Following five(5)courses and distances: Thence S. 82051'07"E„95.25 feet; Thence S. 7002842"E., 50.00 feet; Thence 5. 5901641"E., 42.00 Feet; Thence S, 4304442"E,, 45,00 feet; Thence S. 41"2442"E., A3.66 feet to the north line of the S1/2 of said SWI/4; Thence S- 89,12927"E,r coincident with the north line of said 51{2 of the 5W1/4, a dlstanee of 5DC44 feet to a 112"rebar/cap PLS 6552 marking the S 1116 corner of said Section 25; Thence continuing, S. 89D2927" E., coincident with said north line, 644-28 feet to a 112" rebar with no cap; Thence leaving said north line, S. 0"26'12"W, 1324.51 feet to a 5/8"rebar vaith no cap on the South line of said SW114; P_M23U EMniM48-WINDROW SUB•CONSER1SurviaySDramrgo%egal Descriv6or*stiWpndrow Boundary.doex Page 11 Page 19 Thence N. 8913233"W.,coincident with said south line, 645.40 feet to a 5/8"rebar/cap PLS 5517 marking the W1116 corner common to Sections 25 aid 36; Thence continuing, N. 89°32`33"W., coincident with said south line, 1025.52 feet to a 5/8"rebar/cap PLS 5617; Thence leaving said south line, N. 0°31"28" E., parallel with said west line, 364.11 feet to a 518" rebarfcap PLS 5617; Thence N. 891132'33"W.,parallel with said south line,300.04 feet to the POINT OF BEGINNING. Said parcel contains 65.744 more or less. 0. 1 74 lfr�V19 P_120 M EMT1723049-WINDROW S LIB-CO NGERlSurveoDrawingsTegal ❑escriptian%Mindrow Rwndary.doex Page 12 Page 20 setrse�r � � NI aNIP t4 4i4 ai r 1 r k � nit o v .0k . x� ~ —— _ i.l�fW JY i a 1FZYF 1JGif1C k --,Rli �I �YQ117L '4 7NIMR9@�Q y6r, 0 J � m Page 21 C. Revised Preliminary Plat&Phasing Plan(dated: 9/13/2023) PRELIMINARY FLAT FOR WINDROWWSUB S116O1VI51ON TO—=armSanvice i�i�sr wowx _.—.—_—__ i i I n , m�� ..�_ wd •i 1� 1 6 LOA] a ------------ I ' I' / it_ ----------- � m - - --- -- ----_� PP1.O D I— Pam_ a\ Y8{K I 5 \ $ i I I 0 � MATCHHNESEESHEETPPI2 ppi-1 Page 22 � � 4 ff MATCHLINE SEE SHEET PP1 1 Y x BE ... 6 _4 -- -- _ 83 ` _ - v --------- ---- " a ab "�� ✓ z 3 41 @ MATCHLINE SEE SHEET PPI-3 PP 1 Z MATCHLINE SEE SHEET PP1-2 y " ,7 7\� MU - m I of I L------ ------1--- __ __ _ __ -------- Page 23 2 �Wff mm ----------- -------- z Ln sm z WATCHHNESEESHFETPPI 5 rpp, td e) MATCHLINE SEE SHEETPP1.4 M7�k— 7 ------- --------------------- --------- z b, 0 W xs �� li��. 's _. i �. s,,,, i xx. � �.. S ... 9,.,, � � g o 0 t------------- ---------I----- --- -------- ---------- ppi-5 Page 24 I I � f Phase 4 . i 35 lots — _ Phase 5 Phase 2 _ 45 lots I 60 lots Phase 3 _ 47lots I I Phase 1 B4 lots �_-- -_= ------- -- -------------- - Page 25 C. Landscape Plans(date: 5/25/2023) W I N D R O W S UBDIVISI O N MMIDIAN,IC PkfUHIKIAAY PLAT LANDIt,APE PLAID ' I j / _ 0 _ 1 1 WIN D R O W SUBDIVISION MERIDIAN.I❑ vR tLlnlrvARx r.nE LAN—CAPE PLAN 1 h 4 � aF Page 26 — FLAW,ALrrre • — MIffm FAW ♦ � ♦Y � � �• y its � d 1• � 1 V VV1 l Va \ • I , L �t} X \h } y\_♦♦ L , 1 I !It y tlL1G1l2 R LN�7[.Yi�E PIY L1 L1 IL i 4 } � 1 1 kL l •1 L h ry � ��~ ~� ~t i � t t 4t�hti V LI 11 F 1uJ 1 .f .ate j� � \ V l }` � VV V 711 ti V 1ll 1 i t l ' I � � J x ♦� '� h�j�'i.t 4y •�``t It ky \lL`L}V} 4 � � I xfV $ ....... y V t`�•1 lV ♦• 1 •♦ a \.x `♦ • � •;s��• •• •�` � by } �.l � + ti ,r �- a i� it tt,{tti *\.• r\'• `tiff �` ` xi } .. III, �t y •1 ,� V � y � ♦ ,\i•� ♦ •�ti• •• 1 III } } \ , •,� •♦•� ` ,\ . , .ti,t ��,. �, 1 w u NOTE Wr — Mram L1Y�OGgE Page 27 i ` y IJ ON E+Z"�n I� Wk i:•;,.�.h'!!,h fa t�_r'�Ycc Y�.«�ni4'_��`.:r�:4'��i�r.•.5x.4':til'n.��:i:N x�t+..fi s�:a r;.i=i�r.�lS.� - H •e!; I l a f v LFA � k tag• Py`�.�A•�A';:7F:li!_'�[.��6'Fr.Yrl4s�7..,ii?ir^i•Tai4riwre,t_•.y�:�r�('vruliraai��uri-usrnnveni a r 744 a F*1 i p ML M4-- � K L riuMM ►+ lat.lM1. �a��1J�-�fix. _W ® ,,.,, ? m PLANr F-P,Lerre px ,�. MW� rr�n.rrrnw,snwrn, �_ �..aS —, �a N07IMd L m O pcvriaPnnrrrr aara�..,.....�.,._..,e.e uuo.a,re .�� LB JAM Page 29 D. Revised Open Space Exhibit: i I j \ y r` ,a WINDROW SUBDIVISION OPEN SPACE IXHIBIT •, 1� \\� . E � � J,.,I� srrE nnEa_±65.lo ArnEs ��� � ---�'�\ � V `� p OunuFriNc oPEH SPACE=±Io_aa ACPPs IIe-mN � v/` � \ LL :e.i. C CI 96 ALY6 NONCINLIFIINCf \ ' ` � I QUALIFYING OPEN SPACE NQN—Q-1-NG QPEN—E I j j 1 s .. Page 30 E. Fire Phasing Plan: PPELIMINARY PLAT FOR WINDROW SUBDIVISION —7M L + Secondary Emergency X Connection ---Tphase 5 Temp. Emergency Access Phase 2 Main Access N, VIE Phase 1 Temp. Emergency Access 4 --- ----- Phase 1 Main Access Ppi Page 31 F. Revised Common Drive Exhibits: ---- � I I I � LOT 12 TAKES DIRECT STREET F ACCESS. DRIVEWAY LOCATED ON NORTH SIDE OF LOT. o 12 0 �— 12.00' REAR r� SETBACK TYP STREET E 11 OW Oa -oa-----Fa ----- - I I oZ I 4w o� ci I I N N NN I 1 i i 7 I 10 9 I I 8 I I I I I I I I I I I I I a 5 00' SIDE I LOT 7 TAKES DIRECT STREET I w' SE BACK TYP ACCESS. DRIVEWAY LOCATED BLOCK 3 I I o ON EAST SIDE OF LOT. ---I — ---- L— ---L —`_ _ NON-BUILDABLE LOT cv�Y,V/ BLANKET UTILITY EASEMENT CIV1�=51�TE .. .. ... WINDROW SUBDIVISION 7. o a on���oa�s«ze�a COMMON DRIVEWAY EXHIBIT-LOTS 7-12 BLOCK 3 SCALE: 1'-30' Page 32 r ( {. 25 O N tj Ln -—— ——— � I 2fl,00' COMMON —I 19 DRIVE LOT 21 TAKES DIRECT STREET ACCESS. DRIVEWAY LOCATED 1 ON EAST SIDE OF LOT. 20.OD' FRONT I ——— SETBACK TYP. I - I I � 22 BLOCK 3 n 21 I 1$ I rRi 20 i I 5.00' SIDE I f�SETBACK TYP- J I 12.00` REAR —`——w —— 5.40' LSCP SETBACK TYP. �_ SUFFER I 17 am 66 STREET C I----- ------I - ——————————1 I { � � r 16 LOT 16 TAKES DIRECT STREET LL ACCESS_ DRIVEWAY LOOATEQ 2Q 00` FRONT ON SOUTH SIDE QF LOT. SETBACK TYP. Lu I —— ———— rx 111 094/ G Ivl wo w`c a 15 0 15 70 P1 WXW59 WINDROW SUBDIVISION 90-IDs7387 COMMON DRIVE EXHIBIT-LOTS 16-21 BLOCK 3 SCALE ��' � Ph_(2 Ixoea sas-se3a cgraham�ca.englneer Ing.mm Page 33 m I r I ` m I I � I 20 I I N 5.00' SIDE n i SETBACK TYP 21 t \ I is } I p� yI j I zw I �Y I o� W I N f L— a 19 14 -----� I u w I.0 12.1)0' REAR 18 x SETBACK TYP m I ." u~i M LOT 18 TAKES DIRECT STREET -a ACCESS. DRIVEWAY LOCATED ON SOUTH 51DE OF LOT. 22 17 f11 w a 3 zn a as 40 PCBDx6CE9 WINDROW SUBDIVISION ease,ID 83707 COMMON DRIVE EXHIBIT-LOTS 1 8-21 BLOCK 7 SCALE 1_ an:(zoe)W6-3e7a cgranam®cswniyineer iuy-mm Page 34 G. Block Length Exhibit 1228'a LENGTH ` 1 475' Page 35 H. Parking Plan % 40 Exhibit J —Parking Plan The Windrow Neighbofhaod will meet or exceed all the requirements of the City of Meridiau's Cade for off-street parking.All homes within the neighborhDod will have a minimum of a two(2)car garage and a driveway that will a€commodate an additional two(2)parkingspaces,faratotal offaur(4)off-street parking spaces. As illustrated below,an addatianal US (over 1.7 additional per home)on-street parking spaces will he available far use by the residen€e_ 4 i F � f N rl I 1$ 4 I � I -- -J*�• it � �_ I , I � % 7 I ' L—.——t «------ — ------ Wi ndraw Neighborhood—Narratlue 5.18.262 3 Page 15 Page 36 1. Conceptual Building Elevations&Floorplans -46 4F' WINDROW - - �- PLAN I ems. w1m F- PIHV �T- I: �I �Q ' WIVE Page 37 y sya -�x x d G WINDROW PLAN two i i top L 4 ' WIDE Page 38 ,f2 �u NTf IT WINDROW PLAN 50' Wl DE Page 39 IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation and rezone of this property. Prior to approval of the annexation and rezone ordinance,a DA shall be entered into between the City of Meridian and the property owner(s)/developer at the time of ordinance adoption. A final plat will not be accepted until the DA is executed and the AZ and RZ ordinance is approved by City Council. 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 and rezone. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be substantially consistent with the approved plat, landscape plan,phasing plan, common drive exhibits,and conceptual building elevations included in Section VIII and the provisions contained herein. b. The property located at 1100 W. Amity Road shall no longer be subject to the terms of DA Inst. #2016-007443 (South Meridian H-2015-0019). c. The 10' detaehed sidewalks and the street buffer-s aleng S. Linder-Rd. shall be eens#tw4ed with the seeend phase ef develei)men4i a-ad W. Amity Rd. sha4l be eenstrueted with the first phase of develepmefA;the 10' multiuse pathway a-ad asseei4ed 6ndseaping aloft the Ga4kins Later-a!shall be shall be eenstmeted with the fetwffi phase. d. The existing home and outbuildings on the property being annexed shall be removed with the first phase of development, as proposed. f. The existing home on Lot 1,Block 10 shall be required to connect to City water and sewer service within 60 days of it becoming available and disconnect from private service, as set forth in MCC 9-1-4 and 9-4-8. g. The rear and/or sides of homes visible from S. Linder Road and W.Amity road(Lots 12-19,Block 3; Lots 5-6,Block 7; Lots 8-18,Block 7; Lots 2-22,Block 2; Lots 2-10, Block 1) shall incorporate articulation through changes in two or more of the following: modulation(e.g. projections,recesses, step-backs,pop-outs),bays,banding,porches, balconies,material types,or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. Preliminary Plat Conditions: 2. The preliminary plat included in Section VII.B,dated May 23,2023, shall be revised as follows: a. Revise the plat to include 10-foot sidewalks along the Linder and Amity frontages. b. Add a plat note stating that direct lot access to S. Linder Road and W.Amity Road is prohibited. c. Revise the plat to illustrate Street K and Street O as 33-foot wide street sections in accordance with ACHD's District policy. Page 40 — d. Consistent with ACHD conditions of approval and UDC 11-6C-3F,provide traffic calming measures along Street A, Street B, Street C, Street J, Street L, Street M, and Street O to help mitigate its long and straight design or revise the plat to redesign the roadways. The Applicant is seeking a Council Waiver for Street J due its block length exceeding 750-feet-a Council Waiver was anted. e. • inelude the eonstr-uetion of both 10 foot detnehed sidewalks and the entire street buffer-s along the f0ontage of S.Under-Rd. and IN.Amity Rd with the first p]6--- third phase. • The S.Linder-Rd. entr-anee shall be eonstr-ueted with the first phase in fieu of the temporary emer-geney aeeess.Update the proposed fire phasing pla to fig V-114" • Extend a publie street aer-oss the northern edge of the Calkins LateFal in the loeation where the emer-g N pFoposed AND add an additional- .- Vath and pedestrian bridge over-the CaWns Later-a!fFom the north side o road i through Lot 46 or-Lot 47,Bloek 7 to align with the eul de sae.A detail o the pedestrian bridge shall be submitted with phase 3 of the final plat.if th . ig 4ion distFiet doesn't want another-publie street and/or-pedestrian bridge over-the later-M,the appReant shall provide written doeumentation stating s if the appReant doesn't want to extend the road and install the additional open spnee and pedestrian bridge,the bloek length for-road i shall not exeeed 750 feet in aeeer-d with 7�T1-6E-M. f. The existing home shall obtain a new address upon development of this project consistent with the development of the new local street. g. If the Carlson Lateral easement is wider than ten(10)feet, it shall be included in a common lot that is a minimum of twenty(20) feet wide and outside of a fenced area, unless otherwise waived by City Council in accord with UDC 11-3A-6. 3. The landscape plan included in Section VII.C, dated July 29,2022, shall be revised 15 days to the City Gets ei Hear-in.as follows: a. A detail for each of the amenities shall be depicted on the plan or submitted separately. b. Landscaping shall be depicted on either side of pathways. Landscaping is required along all pathways in accordance with the standards listed in UDC 11-3B-12C; a landscape strip a minimum of five (5) feet wide shall be provided along each side of the pathway with a mix of trees, shrubs,lawn, and/or other vegetative ground covers. c. The common driveways abutting Lot 11,Block 3 and Lot 19,Block 7 located at the northwest corner and southwest corner of the development shall incorporate micro paths adjacent to the 5-foot landscape buffers to enhance walkability within the neighborhood. d. 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.S. The Applicant shall coordinate with the City Arborist(Kyle Yorita kyorita@meridiancity.org)to determine mitigation requirements prior to removal of existing trees from the site. Page 41 f. The picnic areas on Lot 6,Block 5, and Lot 3,Block 9 shall be equipped with tables and benches with the proposed shade structures in accordance with UDC 11-3G-4. g. That Lot 10,Bleek 9 iftfhg�e 4 shall ineltide another-Eitialifying amenity serAn*fhe h. Street"L" shall incorporate a pedestrian connection located within Block 11 due to the block length. i. Make the necessary revisions to the landscape plans to match the plat revisions noted above in IX.2. 4. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. 5. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit. 6. The Applicant shall comply with all ACHD conditions of approval. 7. The Applieai#shall ensure the iffigat4en diteh(Car-lsea Later-a!)biseeting the property is tiled elee-ated eensist&4 with UPC 11 3A 6 s!a dafds. The Calkins Lateral can remain open if granted approval by City Council. 8. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11- 3A-15,UDC 11-3B-6 and MCC 9-1-28. 9. Address signage shall be provided at the public street for homes accessed via common driveways for emergency wayfinding purposes. 10. A perpetual ingress/egress easement shall be filed with the Ada County Recorder or a note added to the final plat that contains the common driveways,which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. 11. Prior to the City Engineer's signature on each final plat, a 14-foot wide public pedestrian easement shall be submitted to the Planning Division and recorded for the multi-use pathway along Calkins Lateral. 12. Upon completion of the landscape installation, a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-3B-14. 13. The preliminary plat approval shall become null and void if the applicant fails to either: 1) obtain the City Engineer signature on a final plat within two years of the date of the approved findings; or 2)obtain approval of a time extension as set forth in UDC 11-6B-7. B. PUBLIC WORKS https:llweblink.meridianciU.or lWebLink/DocView.aspx?id=303089&dbid=0&repo=MeridianC i &cr--1 C. FIRE DEPARTMENT https://weblink.meridianciU.or,g/WebLink/Doc View.aspx?id=300782&dbid=0&r0o=MeridianC iv Page 42 D. ADA COUNTY DEVELOPMENT SERVICES https://weblink.meridianciU.org/WebLink/DocView.aspx?id=301758&dbid=0&r0o=MeridianC hty E. BOISE PROJECT BOARD OF CONTROL(BPBC) https://weblink.meridianciU.org/WebLink/DocView.aspx?id=301690&dbid=0&repo=MeridianC Ry F. MERIDIAN PATHWAYS—CONDITIONS https://weblink.meridiancily.org/WebLink/Doc View.aspx?id=303090&dbid=0&r0o=MeridianC ity G. BOISE KUNA IRRIGATION DISTRICT https://weblink.meridiancily.org/WebLink/Doc View.aspx?id=300883&dbid=0&r0o=MeridianC i &cr=1 H. IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancily.org/WebLink/DocView.aspx?id=301382&dbid=0&r0o=MeridianC iv I. VALLEY REGIONAL TRANSIT(VRT) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=301026&dbid=0&repo=Meridian C Ry J. COMPASS https://weblink.meridianciU.orglWebLinkIDocView.aspx?id=301760&dbid=0&repo=MeridianC i &cr-1 K. NAMPA&MERIDIAN IRRIGATION DISTRICT(MNID) https://weblink.meridianciU.org/WebLink/DocView.aspx?id=302018&dbid=0&repo=MeridianC iv L. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridianciU.org/WebLink/DocView.aspx?id=303608&dbid=0&r0o=MeridianC i &cr=1 M. NEW YORK IRRIGATION DISTRICT https://weblink.meridianciU.orglWebLinkIDocView.aspx?id=303544&dbid=0&repo=MeridianC ity N. SCHOOL IMPACT TABLE https://weblink.meridianciU.org/WebLink/DocView.aspx?id=305128&dbid=0&repo=MeridianC hty O. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancily.org/WebLink/Doc View.aspx?id=305825&dbid=0&r0o=MeridianC Ry X. FINDINGS A. Annexation and Rezone(UDC 11-5B-3E) Page 43 Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Commission finds the proposed zoning map amendment to annex the property into the City of Meridian and rezone apportion of the property with the R-8 zoning district with the proposed preliminary plat and site design is consistent with the Comprehensive Plan, if all conditions of approval are met. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Commission finds the proposed zoning map amendment and the request for the development complies with the regulations outlined in the requested R-8 zoning district and is consistent with the purpose statement of the requested zone. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; Commission finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare should all conditions of approval be met. 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 Commission finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. Commission finds the annexation and rezone is in the best interest of the City. B. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Commission finds that the proposed plat is in general compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Commission finds that public services will be provided to the subject property with development. (See Section VIII of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Page 44 Because City water and sewer and any other utilities will be provided by the development at their own cost, Staff finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Commission finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers(i.e.,Police,Fire,ACHD, etc). (See Section IXfor more information) 5. The development will not be detrimental to the public health,safety or general welfare; and, Commission is not aware of any health, safety, or environmental problems associated with the platting of this property. 6. The development preserves significant natural,scenic or historic features. Commission is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. Page 45 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: License Agreement Between the City of Meridian, Meridian Development Corporation, and Nampa & Meridian Irrigation District DATE: 27 November 2023 TO: Sawtooth Law Offices, PLLC FROM: NAMPA & MERIDIAN IRRIGATION DISTRICT License, Easement, Project and/or Crossing Agreement(s) Approved on 14 November 2023 License Agreement 29 pages Meridian Development Corporation & City of Meridian Hunter Lateral Instrument#2023-064884 Easement 4 pages Meridian Development Corporation & City of Meridian Hunter Lateral Instrument#2023-064885 License Agreement 7 pages Idaho Power Company Ridenbaugh Canal Instrument#2023-064886 ADA COUNTY RECORDER Trent Tripple BOISE IDAHO Pgs=29 NIKOLA OLSON 2023 064884 08:54M NAMPA MERIDIAN IRRIG DIST 11/17/2023 54 AAM 1111111111 NO FEE IIIIII I IIIIII I II IIIII II I I II I III III I I III 01299423202300648840290298 LICENSE AGREEMENT This LICENSE AGREEMENT, is made and entered into this]. Lk day of&Vftff 2023 by and between NAMPA&MERIDIAN IRRIGATION DISTRICT,an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, hereinafter referred to as the"District", and MERIDIAN DEVELOPMENT CORPORATION("MDC'), Whose address is: 104 E.Fairview Ave. #239,Meridian,ID 83642, and CITY OF MERIDIAN, a political subdivision and municipality of the State of Idaho ("CITY"), Whose address is: 33 E.Broadway,Meridian, ID 83642, Unless otherwise provided MDC and the CITY are hereinafter collectively referred to as the"Licensee", WITNESSETH: WHEREAS,the District owns the irrigation ditch or lateral known as the HUNTER LATERAL (hereinafter referred to as"ditch or lateral"),an integral part of the irrigation and drainage works and system of the District,together with the easement therefor to convey irrigation and drainage water,to operate,clean,maintain, and repair the ditch or lateral,and to access the ditch or lateral for those purposes; and, WHEREAS,the District operates, cleans,maintains,repairs and protects the ditch or lateral for the benefit of District landowners; and, WHEREAS,MDC and the CITY are owners of real property that is servient to the District's ditch or lateral and easement,and is particularly described in the"Legal Description" and/or deeds attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS,the ditch or lateral crosses and intersects the real property described in Exhibit A as shown on Exhibit B,attached hereto and by this reference made a part hereof, and, WHEREAS,pursuant to a separate agreement between MDC and the CITY,the CITY shall be responsible for the relocation and construction related to and associated with the relocation of the Hunter Lateral as provided herein and MDC shall be responsible for the future maintenance and repair obligations for said Hunter Lateral upon completion of said construction/relocation as provided herein; and WHEREAS,MDC and the CITY desire a license to cross, encroach upon or modify said ditch or lateral and/or the District's easement under the terms and conditions of this License Agreement; NOW,THEREFORE, for and in consideration of the premises and of the covenants,agreements LICENSE AGREEMENT- 1 and conditions hereinafter set forth,the parties agree as follows: A. Acknowledgment of the District's Easement. 1. Licensee acknowledges that the District's easement for the ditch or lateral includes a sufficient area of land to convey irrigation and drainage water,to operate, clean, maintain and repair the ditch or lateral, and to access the ditch or lateral for said purposes,and is a minimum of 40 feet,20 feet on either side of the centerline. B. Scope of License 1. The Licensee shall have the right to modify the ditch or lateral or encroach upon the District's easement along the ditch or lateral in the manner described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. 2. Any crossing, encroachment upon or modification of the ditch or lateral and/or the District's easement shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D,attached hereto and by this reference made a part hereof. Any difference or discrepancy between the items listed in Exhibit C,"Purpose of License,"and any plans or drawings referenced in or attached to Exhibit D shall be resolved in favor of Exhibit C. Licensee shall only be permitted to cross, encroach upon or modify the ditch or lateral and/or the District's easement as described in Exhibit C even if any plans or drawings referenced or attached to Exhibit D provide or show otherwise. 3. This License Agreement pertains only to the Licensee's crossing, encroachment upon or modification of the ditch or lateral and/or the District's easement for the purposes and in the manner described herein. The Licensee shall not excavate,discharge,place any structures,nor plant any trees, shrubs or landscaping within the District's easement, nor perform any construction or activity within the District's easement for the ditch or lateral except as referred to in this License Agreement without the prior written consent of the District. 4. The Licensee recognizes and acknowledges that the license granted by this License Agreement pertains only to the rights of the District as owner of an easement. The District has no right or power to create rights in the Licensee affecting the holder of title to the property subject to the District's easement. Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property. Should CITY and/or MDC fail to obtain such rights from the holder of title to the property or should the rights obtained prove legally ineffectual, CITY and/or MDC, as applicable, shall,to the fullest extent permitted by Idaho law,hold harmless,indemnify and defend the District from any claim by any party arising out of or related to such failure of rights and at the option of the District this License Agreement shall be of no force and effect. C. Facility Construction, Operation,Maintenance and Repair 1. Licensee agrees that the work performed and the materials used in any construction permitted by this License Agreement shall at all times be subject to inspection by the District and the District's engineers, and that final acceptance of the such work shall not be made until all such work and materials shall have been expressly approved by the District. Such approval by the District shall not be unreasonably withheld. LICENSE AGREEMENT- 2 2. Each facility("facility"as used in this License Agreement means any object or thing installed by the Licensee on,over or in the vicinity of the District's easement) shall be constructed, installed,operated,maintained,and repaired at all times by the Licensee at the cost and expense of the Licensee. 3. Licensee agrees to construct, install, operate,maintain and repair each facility and conduct its activities within or affecting the District's easement so as not to constitute or cause: a. a hazard to any person or property; b. an interruption or interference with the flow of irrigation or drainage water in the ditch or lateral or the District's delivery of irrigation water; C. an increase in seepage or any other increase in the loss of water from the ditch; d. the subsidence of soil within or adjacent to the easement; e. an interference with the District's use of its easement to access, operate, clean, maintain, and repair the ditch or lateral; f. any other damage to the District's easement and irrigation or drainage works. 4. The CITY and MDC agree,to the fullest extent permitted by Idaho law,to indemnify, hold harmless,and defend the District from all claims for damages arising out of any of the their respective construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 3.a. through 3.f., or any other damage to the easement and irrigation or drainage works which may be caused by the construction, installation,operation, maintenance, repair,and any use or condition of any facility. 5. The Licensee shall,upon demand of the District,remove any facility or repair any alteration of the District's easement which interferes with the District's operation and maintenance of the ditch or lateral,or causes or contributes to any of the circumstances enumerated in the preceding paragraph, 3.a.through 3.£, or any other damage to the easement and or drainage works. The District shall give reasonable notice to the Licensee, and shall allow the Licensee a reasonable period of time to perform such maintenance, repair, and other work, except that in cases of emergency the District shall attempt to give such notice as is reasonable under the circumstances. The District reserves the right to perform any and all work which the Licensee fails or refuses to perform within a reasonable period of time after demand by the District. The Licensee agrees to pay to the District,on demand,the costs which shall be reasonably expended by the District for such purposes. Nothing in this paragraph shall create or support any claim of any kind by the Licensee or any third party against the District for failure to exercise the options stated in this paragraph,and the Licensee shall,to the fullest extent permitted by Idaho law, indemnify,hold harmless and defend the District from any claims made against the District arising out of or relating to the terms of this paragraph,except for claims arising solely out of the negligence or fault of the District. D. District's Rights Are Paramount 1. The Licensee understands and agrees that the ditch or lateral is a manmade channel that was constructed and is used and maintained by the District for the exclusive purpose of conveying irrigation or drainage water to lands within the District. As such,Licensee further acknowledges and agrees that the ditch or lateral does not constitute a natural or navigable watercourse or stream. LICENSE AGREEMENT- 3 2. The parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation or drainage works and system of the District by this License Agreement,nor to grant any rights in its irrigation or drainage works and system incompatible with the uses to which such irrigation or drainage works and system are devoted and dedicated and that this contract shall be at all times construed according to such principles. 3. Nothing herein contained shall be construed to impair the ditch or lateral or the District's easement, and all construction and use of the District's easement by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of the ditch or lateral for the transmission and delivery of irrigation or drainage water. 4. The Licensee agrees that the District shall not be liable for any damages which shall occur to any facility in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of the ditch or lateral. The Licensee further agrees to suspend its use of the said easement areas when the use of the easement areas is required by the District for maintenance or repair under this or any other paragraph of this License Agreement. 5. In the event of the failure,refusal or neglect of the Licensee to comply with all of the terms and conditions of this License Agreement,the license of the Licensee under the terms hereof may be terminated by the District, and any facility, structure, plant,or any other improvement in or over the ditch, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or lateral by the District with its equipment for the maintenance of the ditch or lateral shall be promptly removed by the Licensee upon demand of the District. E. Applicable Law and Jurisdiction Unaffected. 1. Neither the terms of this License Agreement,the permission granted by the District to the Licensee,the Licensee's activity which is the subject of this License Agreement, nor the parties exercise of any rights or performance of any obligations of this License Agreement, shall be construed or asserted to extend the application of any statute, rule, regulation, directive or other requirement, or the jurisdiction of any federal, state,or other agency or official to the District's ownership, operation, and maintenance of its canals,laterals,irrigation or drainage works and facilities which did not apply to the District's operations and activities prior to and without execution of this License Agreement. 2. In the event the District is required to comply with any such requirements or is subject to the jurisdiction of any such agency as a result of execution of this License Agreement or the Licensee's activity authorized hereunder,Licensee shall,to the fullest extent permitted by Idaho law,indemnify,hold harmless and defend the District from all costs and liabilities associated with the application of such laws or the assertion of such jurisdiction or, at the option of the District,this License Agreement shall be of no force and effect and the Licensee shall cease all activity and remove any facility authorized by this License Agreement. F. Indemnification 1. In addition to all other indemnification provisions herein,MDC and CITY each further agree,to the fullest extent permitted by Idaho law,to indemnify,hold harmless and defend the District from any injury, damages,claim, lien,cost and/or expense (including reasonable attorney's fees)incurred LICENSE AGREEMENT- 4 by, or asserted against,the District by reason of their respective negligent acts or omissions or those of their respective agents,contractors or subcontractors in performing the construction and activities authorized by this License Agreement. G. Fees and Costs 1. The Licensee agrees to pay attorney fees and engineering fees charged by the attorney for the District or by the engineers for the District in connection with the negotiation and preparation of this License Agreement. 2. Should any party incur costs or attorney fees in connection with efforts to enforce the provisions of this License Agreement,whether by institution of suit or not,the party rightfully enforcing or rightfully resisting enforcement of the provisions of this License Agreement, or the prevailing party in case suit is instituted,shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. H. Miscellaneous 1. No Claims Created. Nothing in this License Agreement shall create or support a claim of estoppel,waiver,prescription or adverse possession by the Licensee or any third party against the District. 2. Amendment and Modification. Any amendment or modification of this License Agreement must be in writing and signed by all parties to be enforceable. 3. Interpreted. This License Agreement shall be interpreted and enforced in accordance with the laws of the State of Idaho. This License Agreement is not intended for the benefit of any third party and is not enforceable by any third party. If any provision of this License Agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable,all remaining provisions of this License Agreement shall remain in full force and effect. The parties represent and warrant to each other that they each have authority to enter this License Agreement. The catchlines or section headings herein set forth are provided only for the convenience of the parties in locating various provisions of this License Agreement, and are not intended to be aids in interpretation of any provision of this License Agreement with respect to which the parties might disagree at some future time,and shall not be considered in any way in interpreting or construing any provision of the License Agreement. 4. Bindinj Effect. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, the real property described in Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns,including,but not limited to, dedications,transfers and assignments of facilities to public entities. 5. Notices. Any and all notices,demands,consents and approvals required pursuant to this License Agreement shall be delivered to the parties as follows: Nampa&Meridian Irrigation District See page 1 for Licensee 5525 East Greenhurst LICENSE AGREEMENT- 5 Nampa,ID 83686 Notices shall be deemed to have been delivered upon hand deposit in the United States mail as provided above. 6. Counterparts. This License Agreement may be executed and delivered in counterparts, each of which shall be deemed to be an original and all of which shall constitute one and the same instrument. IN WITNESS WHEREOF,the District has hereunto caused its name to be subscribed and the Licensee has caused its name to be subscribed by its duly authorized officer, all as of the day and year herein first above written. NAMPA&MERIDIAN IRRIGATION DISTRICT By ftt � -�- Greg ,Water Superintendent �v STATE OF IDAHO ) ss: County of Canyon ) On this L'L day of Ruww,2023,before me, the undersigned, a Notary Public in and for said State,personally appeared GREG CURTIS,known to me to be the Water Superintendent of NAMPA&MERIDIAN IRRIGATION DISTRICT,the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district 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. qw- �U� Notary Public for Idaho ERIKA OLVERA Residing at �� j/�fQl� ,Idaho COMMISSION#20223187 My Commission Expires: NOTARY PUBLIC STATE OF IDAHO LICENSE AGREEMENT-6 THE CITY OF MERIDIAN B _ c yNl O � v _ -!: , UG ' Soon Ib ' 1�1 -2023 ATTE 2 (lily of ioAMo w STATES . IDAHO s� SEAL o ss : ~lFRol the TR�PSJ�� County of Ada ) On this day of CAiC , 2023 , before me, the undersi ned, a Notary Public in and for said State, personally appeare r- n and e,Yl1(► known tome to be the r and respectively, of The CITY OF MERIDIAN, thetAtity that executed the foregdV19 instrument and acknowledged to me that such 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 �GL �LhD Residing atsm CKAX�ENE , WAY My Commission Expires COWIIMM$�ION fte #?= NOTARY PLgm STATE OF IDANO LICENSE AGREEMENT - 8 MERIDIAN DEVELOPMENT CORPORATION, PO By: Imo, Its :� t` c � �t ► f1A+lq ►� STATE OF IDAHO ) )ss. County of Ada ) On this 7 "day of _ �c4 "b er , 2023 , before me, the undersigned, a notary public in and for said state, personally appeared N� i{,am �� h ue .11� r known or identified to me to be the Vwxx CF. kCLA04% of MERIDIAN DEVELOPMENT CORPORATION, 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 ea the day and year in this certificate first above written. Notary Public for XA Residing at g X'cv � � TODD M. LAKEY My Commission Expires: 2S - LS COMMISSION #62488 � � " NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 10✓26J2025 W WNW I LICENSE AGREEMENT - 7 EXHIBIT A Licensee's Propem MDC and the CITY's respective Properties are described in the deeds attached hereto as Exhibit A-1 and by this reference incorporated herein and as described and depicted in the survey attached hereto as Exhibit A-2 and by this reference incorporated herein. EXHIBIT B Location of Property/Lateral See Exhibit D-1 attached hereto. EXHIBIT C Purpose of License The purpose of this License Agreement is to permit and allow Licensee to: 1. pipe and relocate a portion of the Hunter Lateral for a distance of approximately 530 feet in HDPE pipe, including new irrigation boxes; 2. relocate the Hunter Lateral as provided above in the roadways for E. 3`d Street and E. Idaho Avenue and construct and install roadway improvements, including asphalt paving, concrete sidewalks and curbs and gutter within the District's easement for the Hunter Lateral;and 3. construct and install bike racks, street lights,benches, and landscaping consisting of grasses, sprinklers, low lying shrubs and Class I ornamental trees within the District's easement(any trees shall be planted in self-contained planter beds to protect intrusion from the tree roots), all within or near Licensee's real property described in Exhibit A,Meridian Civic Block/River Caddis Development, located southwest of the intersection of E. Yd Street and E.Idaho Avenue in Meridian, Ada County, Idaho. No other construction,landscaping or activity is permitted within or affecting the Hunter Lateral or the District's easement. All storm water is to be retained on-site. EXHIBIT D Special Conditions a. The construction described in Exhibit C shall be in performed in accordance the plans attached hereto as Exhibit D-1 and by this reference incorporated herein. The construction, relocation and installation concerning the Hunter Lateral as described herein, and as provided in the attached plans,is being performed by the CITY, and the parties agree the construction,installation and relocation of the Hunter Lateral shall be the responsibility of the CITY and its future successors and assigns. Any and all obligations and responsibilities,including performance of construction in accordance with said plans, shall initially be the responsibility of the CITY and the District shall require the CITY to perform all obligations required under the terms of this License Agreement relating to said construction conditions and requirements. Upon notice of completion of the piping and relocation of the Hunter Lateral provided LICENSE AGREEMENT -9 herein,MDC, and its successors and assigns,then agrees to assume the maintenance and repair responsibilities for the entirety of the Hunter Lateral piped and relocated provided herein, including the obligations provided in paragraph g. below. b. MDC and CITY shall notify the District's Superintendent prior to and immediately after their respective construction activities so that he or the District's engineers may inspect and approve the construction. C. The Hunter Lateral is being relocated into the road rights-of-way of Ada County Highway District(hereinafter"ACHD") for E. 3" Street and E. Idaho Avenue. Licensee is responsible for obtaining any and all licenses or permission from ACHD to perform construction within said road rights-of-way to pipe and relocated the Hunter Lateral. Additionally, Licensee shall obtain an easement from ACHD for that section of the Hunter Lateral relocated or realigned by Licensee under the terms of this agreement within ACHD's rights-of-way. Execution and delivery of said easement from ACHD is a material and essential term of this agreement and if not executed and delivered, at the option of the District this agreement may be terminated and be of no force and effect. Upon request by Licensee and submission of a legal description to the District,the District shall relinquish its easement along the Hunter Lateral where it has been replaced by relocation of the Hunter Lateral. d. The realignment,piping,installation,backfill and compaction shall,at a minimum,meet the requirements of the District and standard specifications for such materials and construction, as set forth in the Idaho standards for public works construction or other standards recognized by the city or county in which the piping or realignment for the Hunter Lateral is to be placed. e. Upon installation of the pipe and relocation of the Hunter Lateral in accordance with the above-referenced plans,the CITY shall provide the District written notice that the facilities installed and work performed by the Licensee are ready for final inspection and approval by the District. Within two (2) weeks after receiving such written notification from the CITY,the District shall perform an inspection and, if the facilities have been constructed and installed and all work has been performed in compliance with the terms of this agreement,the District shall provide written notice to the Licensee of final approval. If the District's engineers perform such inspection, CITY shall pay the District's engineers any reasonable charge in connection therewith. f. The Licensee shall not fill, alter, or perform any work affecting the Hunter Lateral or the District's easement for the Hunter Lateral, and the old, existing channel of the Hunter Lateral(except for connecting points to the new relocated sections) shall remain open and serviceable for use and maintenance by the District for all irrigation and drainage purposes until and unless the Licensee has received written notice from the District of final approval of the construction and installation of the new ditch,pipe and realignment for the Hunter Lateral as provided in paragraph e. of this agreement. After the Licensee receives notice of final approval from the District,and upon request by Licensee and submission of a legal description to the District,the District shall relinquish its easement along Hunter Lateral where it has been replaced by relocation of the Hunter Lateral by filing a Relinquishment of Easement with the county recorder. Licensee shall be responsible for operation and maintenance associated with the Licensee's backfill of the old,existing Hunter Lateral. MDC and CITY each further agrees, to the fullest extent permitted by Idaho law,to indemnify, hold harmless and defend the District LICENSE AGREEMENT- 10 from any injury, damages, claim,lien,cost and/or expense(including reasonable attorney's fees)incurred by, or asserted against,the District by reason of drainage or seepage associated with their backfill of the Hunter Lateral on their respective properties, including, but not limited to, any claims, costs, damages and/or expenses incurred by or asserted against the District by adjoining property owners as the result of drainage or seepage caused by the backfill and relocation of the Hunter Lateral by MDC and CITY. g. MDC and its successors and assigns shall be responsible for repair and maintenance associated with the Hunter Lateral piped and relocated as part of this License Agreement, including rehabilitation or replacement of the pipe and any boxes installed as part of said piping within ACHD's right-of-way. Maintenance and repairs shall include,but not be limited to, all repairs necessary to preserve the structural integrity of the ditch or lateral and its banks and unobstructed flow of water through such portion of the ditch or lateral and prevent the loss of water from the portion of the ditch or lateral within ACHD's right-of-way. If MDC shall fail in any respect to properly maintain and repair such portion of the ditch or lateral,then the District, at its option, and without impairing or in anyway affecting its other rights and remedies hereunder, shall have the right to perform the necessary maintenance and repairs and MDC agrees to pay to the District, on demand,the cost or expense which shall be reasonably expended or incurred by the District for such purposes. The District shall give reasonable notice to Licensee prior to the District's performing such maintenance,repair or other work except that in cases of emergency the District shall attempt to give such notice as reasonable under the circumstances. Nothing in this paragraph shall create or support any claim of any kind by Licensee or any third party against the District for failure to exercise the options stated in this paragraph, and MDC shall,to the fullest extent permitted by Idaho law,indemnify,hold harmless and defend the District from any claims made against the District arising out of or relating to MDC's obligation to maintain and repair the ditch or lateral as provided in this paragraph except for claims arising solely out of the negligence or fault of the District. h. Licensee acknowledges and agrees that should the landscaping or other encroachments need to be removed in order for the District to access, operate,maintain or repair the Hunter Lateral,it shall be Licensee's obligation and cost of removing or replacing the landscaping and/or encroachments. Licensee further agrees that the District shall not be liable for any damages which shall occur to the landscaping or other encroachments in the reasonable exercise of the rights of the District in the course of performance of maintenance or repair of the Hunter Lateral. i. Piping and relocation of the Hunter Lateral,and anything affecting the channel of the Hunter Lateral,shall be completed during the non-irrigation season and construction shall not commence prior to October 15,2023 and shall be completed prior to March 15,2024. All other construction not affecting the channel of the Hunter Lateral shall be completed within one year of the date of this Agreement. Time is of the essence. LICENSE AGREEMENT- 11 226431 JB/HH ADA COUNTY RECORDER J.DAYID NAVARRO t BOISE IDAHO 03MR3 04:17 PIA DEPUTY Joanne Hooper RECORDED—REQUEST OF III IIIIIII�IIIIIIIIIIIIIIIIIII II I III Pioneer !<1t murT 7 nn 103041454 A Piomer Coarony PIONEER TITLE COMPANY OF ADA C004TV 821 W.State St/Boise,Idaho 83702 (208)273-3744 CORPORATE WARRANTY DEED FOR VALUE RECEIVED, Farmers and Merchants State Bank a corporation duly organized and existing under the laws of the State of Idaho,grantor,does hereby Grant,Bargain, Sell and Convey unto City of Meridian,a numicipal corporation whose address is: 33 East Idaho,Meridian,lb 83642,grantee,the following described real estate,to-wit: Lots 1,2,3,4 and 5 in Block 2 of Amended Plat of Rowan Addition to Meridian,according to the official plat thereof;filed in Book 2 of Plats at Page 52,official records of Ada County,Idaho. SUBJECT TO current years taxes, irrigation district assessment, public utility easements, subdivision, restrictions,U.S.patent reservations,easements of record and easements visible upon the said premises. TO HAVE AND TO HOLD The said premises,with their appurtenances unto the said Grantee,his heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee,that it is the owner in a fee simple of said premises;that they are free from all encumbrances and that it will warrant and defend the same from all lawful claims whatsoever. IN WITNESS WHEREOF, The Grantor, pursuant to a resolution of its Board of Directors has caused its corporate name to be hereunto subscribed by its officers this 26th day of February,2003. Farmers an nr;ts State Bank STATE OF IDAHO,County of Ada,ss. + On this 26th y of February,in the year of 2003,before me the undersigned,a notary public,personally,,r t 20&— appeared I // II known or identified to me to be the_Ef&qF i Ve VL A`of the corporati6d that ezeculed the instrument or the person/persons who ex- sited the instrument on behalf of said corporation,and acknowledged to me that such corporation execute same. tf 'a% L.fit n L.13iosch 01, No n Public of IDAHO * pQp C►� R >iding at Boise,Idaho mmission c Aires March 17,2003 rn� %LIC >a � oo;. o, of IDA�p�•`�� ,.e...+� Exhibit A-1 , page 1 ADA COUNTY RECORDER Clidetapher D.Rich AMOUNT 16.00 3 SOME IDAHO 001111 01:15 PM DEPUTY Meld Allen RECORDED-REOUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIIII I Ill Barton low 111070612 RECORDING REQUEFTED BYAND WHEN RECORDED RETURN TO: Joe Borion Borlon Lakey Law Offices 1310 N. Main St. Meridian.ID 83713 (Space Above For Recorder's Use) QUITCLAIM DEED For good and valuable consideration the receipt of which is hereby acknowledged, The Meridian Development Corporation, the Urban Renewal Agency for the City of Meridian, ("Grantor"), does hereby release and forever quitclaim unto The Meridian Development Corporation,the Urban Renewal Agency for the City of Meridian ("Grantee"),whose address is 33 East Broadway Ave., Meridian,Idaho 83642, and its heirs,successors and assigns forever,all right, title and interest which Grantor now has or may hereafter acquire in the real property situated in Ada County, State of Idaho, and more particularly described on Exhibit"A"attached hereto and incorporated by this reference; TO HAVE AND TO HOLD, all and singular the said real property, together with all appurtenances, tenements, hereditaments, reversions, remainders, rents, issues, profits, rights-of-way, and water rights in anywise appertaining to the real property herein described, as well in law as in equity,unto Grantee,and to its heirs,successors and assigns forever. WITNESS the hand of said Grantor this 3` day of__�� 20 Grantor: MERIDIAN DEVELOPMENT CORPORATION By:_ .1.1 Q. -R40,04 — J&Pipal,Chairman Quitclaim Deed—Pg. I Exhibit A-1 , page 2 STATE OF IDAHO ) )ss. County of Ada ) On this 13P-day of _ 20 11 , before me a notary public, personally appeared Julie Pipal,knownl,6r identified to me,to be the Chairman of the corporation that executed the instrument or the person who executed the instrument on behalf of said corporation,and acknowledged to me that such corporation executed the same. ►►NltgtE.� •` 001rARp � Notary I ublic for I aho • _ ��� Residing at: _ ,Idaho S '°U a LAG Commission Expires: OF Quitclaim Deed—Pg.2 Exhibit !A-1 , page 3 EXHIBIT A BOUNDARY DESCRIPTION FOR MERIDIAN DEVELOPMENT CORPORATION PARCEL l A parcel located in Government Lot 3 and the NE'!.of the SW Y.of Section 7,TowoWp 3 North,Range 1 East,Boise Meridian,and being Lot 9 of Block 6 of the AMENDED PLAT OF TOWNSITS OF MERIDIAN as shown in Book 1 of Plats at Page 30 in the office of the Recorder, Ada County,Idaho and Lots 6,7,$,9 and 10 of Block 2 of the AMENDED PLAT OF ROWN ADDITION as shown in Book 2 of Plats at Page 52 in said office of the Recorder, more particularly described as follows: BEGINNING at a 5!8 inch diwnetea iron pin marking the southeasterly corner ofsaid Lot 10; T ewe N 99*42'24"W along the southerly boundary of said Lot 9 of Block 6 and Lots 6,7,8,9 and 10 of Block 2 a distsoce of 195.76 feel to a 5/8 inch diameter iron marling the southwesterly wmcr of said Lot 9 of Block 6; Thence N 0°28'34"E along the wcstcAy boundary of said Lot 9 of Block 6 a distance of 120.10 fed to a 5l8 inch diameter iron pin marking the nortbwcsterly comer of said Lot 9 of Block 6; Thanoe S 88042'46"E along the northerly boundary of said Lot 9 of Block 6 and Lots 6,7,8,9 and 10 of Block 2 a distance of 197.62 feet to a 518 inch diameter iron pin marking the northeasterly comer of said Lot 10; Thence S 1*21'54"W along the easauly boundary of said Lot 10 a distance of 120.11 feet to the POINT OF BEGINNING. This parcel contains 0.542 acres and is sobjecf to any easements existing or in use. Prepared by: Glenn K.Bennett,PLS 1R Civil Survey Consul(Ants,Inovrpora ) `�ZE Jwnc 27,2011 r• � o c�, ♦of to Quitclaim Deed-Pg. 3 Exhibit A -1 , page 4 -• ._ It21RItAVTY Dean: IU17000576 Fbr value Rec+eivad SAILYE C. I1?4Rf'134, a vid7v, fur rxly rrrihm as SMJ.Vt C. F7711 , alrjo hWA a f*Vj.YE C. WJJR Iot WEE herzinafter mferrnd to ar.Cxantnr, dom hdrbjtprantt, borsjain, rs+l1, and crxro -/.mo CM or iORIDIA11 hia Inaftor refez. to ac Carace. +trre oczvzt adtrma is 33 LAMA- M13 S-AP32► �'F3?ID1d4`�, ITQ13 83642 the follwirq dmeribod gm cc to•wit: Iat: 5 arts lo, and the Mor-th 90 feet of Lot 6, 7 atd 8, and the Girt 8.5 foet of the South 30 feel of Lot 6. All. in block 6 of the larsrivi Plat of the ORIC.12ML 1Vd[Sr=Cr K RIDIA•1, as shaof on tho official plat thczmf. f 11cd in 800V l Of Plats at PaW 30, Official tt icbtd.:, Ada Cmk s , Ids'1o. 7D K 14VE AND TD KID the raid p"minen. with chair ajsatrsavcm unto the said GraMM, hiS Heirs arld a=19M fatxsw. Ard the said /aranuw dor- hamW a7,,m-a rt to and ulth the raid Crantm, that Cm,0nt is the oimr in UO SIIP10 of raid prcaiscs; that said prrseisc% are- Fran from all dM r� CLC7Tnt yau-o taxes, levies, and a=rnmr ts, and , V I U. S. PatmIL runnxvatiom, tt--frictions, amgmNits oft Ewa , and cafcomtc visible u cn the pranisez. and that rrartcr will grant srd deterd the s,mne Fran all claim utAtzera-mr. patw'. Kush 1713. FIRST 11.IJ. PJCAN TITLE CO. ..AMYE TC. HAPP'R J. G4`:1: SIXTE or ITW13 1 93 na 3 fo 11 o7 sL tnitiiY OF ALA ) J On This r. dry of Kush. in the Vmr 3"3, Wom m. a Rotary Aobile in aid tat said Siam, MX=Mlly aMsutd SUM C. 194OEA, bmm or itl-ritified to me to be the ptsrars W=e rtsx= are saA0=ibad to the within Iratracrnt; Aid ackTWvlodgsi to sc that they Cartad the soar. IA*Ary PWbI is for Idaho ',,1Jo�tll L.�tio kild" at Wire, IcLV* Crriraicn noireu: bD:L*'M 21, 1"S * t t+or,4 a �Ly OtiC ��•. ,r First American Title Compatky of Idaho / Exhibit A-1 , page 5 A SURVEY FOR THE MERIDIAN DEVELOPMENT CORPORATION LOCATED PROPERTY BOUNDARY ADJUSTMENT IN GOVERNMENT LOT 3 AND THE NE 114 OF THE SW 114 OF RECORD OF SURVEY NO. �tos SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO. N 4w�4,,*fE cwp/rs 2M#..99' 0T16B' CPRF N0. CP4T M0. 9401917R �= 990550AV RECORD of Sum, S Araf''Ff 'T> I FELOCATEO MUIfTtR LATERAL �II/G ADD gap?• s a / o IS sD 60 AD eeu•:-'E ra.*e' S SLAPIfY ASOEV Na 311-7-J-O-O-1-7o SURVEY AWEX No. 3/1-7-3-0-0-2-52 � _ LSGAVD SET PLAM iH 1517000576 IH 10 C w P1N WITH PLS 5081 City of Meridian 1 j City of Meridian "'AND '�-IRON"" ., (109.00) Ra WO aTA 1N• I PROPOSED MAID EASEfAElR Ly. -$ FwFNo aws CAP Aro1wMEHr VXULATED FO/M- NOTANHG.SET al .. •- ® FOMQD 5/8'IRON AW na i 1 :I I 1 ' o-^ooERvuEvr L w RELOCATED HUHIEfl LATERAL ! ( ( JPbICORDSIL9 CaRTlP1CAT� '^ fy rfi I �. arr tl... h STATE OF K ANO 1 •3 �� — S Ae'Ip'�Y E j _ COUNTY OF A04 5 as gg WI _ nxof RGterr e O S'eH'lplT f re�rx f7LED fOR RECORD A THE REDUESr OF GLENN K. EIENNE7 Sers•V48'E Tat 12• AT.EF-AWNWES mr.. `1 o'LXocKA .M. 7ns (6tli rni J� '.;' wa 1a1• � -w - :� �� DAr of 201 F. = I 1 CHRWOOV D. R1CR AL7A COMM RECORDER +i I IN 111070612 ffy DEPUTY v a 1 1 V,f lerioian Deq. Corp.' — PARCEL 2 I"= =" PARCEL .1 , r p 107," 10.287 ACRES 1 a 542 ACRES I 5,oa I m to. o. CZR97t7C19L' OF SZFRVB70R d I RC'LCIRO 0, v;?" 1 1, GLENN K. FEA4w LTO FAERE IN LElP s r o/AMA AND rERED ` F:.:`•I "•. APtyES90ANL LAND SURl4)'CW/N 7AAE STA7F Of a1Vf0 AND 7TNT 2 M7 B9iMs .••i" I •..;.... •.. •.1 7M5 SAVEN WAS PREPARED FROM AN AM& SL49WY ARM LW I I I ( '. ••'�' ` 7HE OWOUNO UNDER MY OM9cr SWEROW00 AND IS AN ACCL647E I I REARE'SOMIUN OF SAID SUVWX 1 FURTHER ClRPFY TMr F NAVE O(MIPUEO WRN ME 55 C/iAPTER 16, 44HO CODE. LLA Pies/ rn) !n� as rSs7 %%T c' ]}>J' IS I," ,SIP lOIII t319' ~ N LLd4177!'w TORT9• �`•', �� N L7trAt?"X w 7Rxlt9', cLEttrN K. Elf7VME77 '�` T. 5hkirmr P 8 g $ s ARNO NO.. 5082 Bi0101i1Y A{f7W,L lxas7 REcn x 9uRors CIVIL SURVEY CO/VSULTi N lN7S INC. .� R X>79 clurra 6/9ia6 ra WOF.SE#lr 1i0'OONER Sr 9RIrTi+R r09p.35_. f1a9./3' + &fWAN, IDAHO&V42 "0♦7 _ _ I! 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DATE: 27 November 2023 TO: Sawtooth Law Offices, PLLC FROM: NAMPA & MERIDIAN IRRIGATION DISTRICT License, Easement, Project and/or Crossing Agreement(s) Approved on 14 November 2023 License Agreement 29 pages Meridian Development Corporation & City of Meridian Hunter Lateral Instrument#2023-064884 Easement 4 pages Meridian Development Corporation & City of Meridian Hunter Lateral Instrument#2023-064885 License Agreement 7 pages Idaho Power Company Ridenbaugh Canal Instrument#2023-064886 ADA COUNTY RECORDER Trent Tripple 2023_064885 BOISE IDAHO Pgs=4 NIKOLA OLSON 11/17/2023 08:54 AM NAMPA MERIDIAN IRRIG DIST NO FEE 11 1 1 11 1 1 11 llll 1 1 1 llllll l 11 I I I II III I I II I I'III I I'll 01299424202300648860040046 EASEMENT THIS EASEMENT, given in connection with and pursuant to certain License Agreement dated the day of oU yn)Xr,2023 between MERIDIAN DEVELOPMENT CORPORATION, an Idaho corporation, CITY OF MERIDIAN,and Nampa&Meridian Irrigation District,an irrigation district organized under the laws of the state of Idaho and is granted in accordance with the terms and conditions of said License Agreement. WHEREAS, Said License Agreement authorizes Meridian Development Corporation and the City of Meridian to pipe and relocate a section of the former easement of Nampa&Meridian Irrigation District for the Hunter Lateral and said relocation of the Hunter Lateral will be within the real property/right of way of Ada County Highway District and accordingly this easement is intended to provide an easement along the Hunter Lateral after relocation of the Hunter Lateral by Meridian Development Corporation and the City of Meridian; and WHEREAS, Said License Agreement provides that Meridian Development Corporation,and its successors and assigns,will be responsible for the maintenance and repair,including rehabilitation and replacement, of the portion of the Hunter Lateral piped and relocated,including the portion relocated within the real property/right of way of Ada County Highway District; and WHEREAS,the easement granted herein to Nampa&Meridian Irrigation District includes the right of Meridian Development Corporation, and its successors and assigns,to satisfy its obligations with respect to the maintenance and repair of the Hunter Lateral as provided in said License Agreement, NOW THEREFORE,ADA COUNTY HIGHWAY DISTRICT hereby grants an easement to NAMPA&MERIDIAN IRRIGATION DISTRICT for right of way along the Hunter Lateral as described in Exhibit A attached hereto and made a part hereof. This easement is granted to deliver, convey and drain irrigation and drainage water,to operate, EASEMENT - Page 1 clean,maintain and repair the Hunter Lateral and to access the Hunter Lateral with such personnel and equipment Nampa&Meridian Irrigation District may utilize for those purposes and is granted to Nampa &Meridian Irrigation District, its successors and assigns, as a perpetual easement and is and shall be appurtenant to and inseparable from the real property described in Exhibit A attached hereto and made a part hereof. As provided in the recitals above,this easement is intended to replace the section of the Hunter Lateral relocated by Meridian Development Corporation and the City of Meridian and includes the right of Meridian Development Corporation and the City of Meridian to satisfy its obligations and responsibilities to maintain and repair the Hunter Lateral as provided in said License Agreement. IN WITNESS WHEREOF, ADA COUNTY HIGHWAY DISTRICT has executed this easement this Isrday of ,2023. ADA COUNTY HIGHWAY DISTRICT: (&2 By: A is Pickering Its: f6ommission President ST: c S. Wong Its: Director STATE OF IDAHO ) ss. County of Ada This record was acknowledged before me on bl��►'lI� I , 20�y Alexis Pickering, as President of e a County ay District Commissioners and Bruce S. Wong, as Director of the Ada County H' hw District. Signature of notary u lic �•`�Q ••��TARy.v�•; • ' 7dc Comm.62051 ' August 13, 2025 • My commission expires. J,: •` EASEMENT -Page 2 `\ ���� LEGAL DESCRIPTION „� � T H E Page 1 of 1 �N /�►l LAND GROUP August 29,2023 Project No.: 122059 EXHIBIT"A" IRRIGATION EASEMENT HUNTER LATERAL NAMPA MERIDIAN IRRIGATION DISTRICT An easement located in portions of East Idaho Avenue, East Third Street and East Broadway Avenue as shown on the Amended Plat of Rowan Addition to Meridian, recorded under Instrument No. 19010402 of Ada County Records, situate in Section 7,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho, being more particularly described as follows: BEGINNING at the intersection of East Idaho Avenue and East Third Street, (from which point the intersection of East Idaho Avenue and East Second Street bears. North 88'43' 15"West,384.14 feet distant); Thence on the centerline of said East Third Street, South 01'21'00"West, 300.53 feet; Thence leaving said centerline, South 13°31' 30" West, 77.45 feet; Thence North 88'42' 14" West,40.93 feet; Thence North 13'31' 30" East, 81.86 feet,to a point on the westerly right of way line of said East Third Street; Thence on said westerly right of way line, North 01° 21'00" East, 256.22 feet,to a point common with the southerly right of way line of said East Idaho Avenue; Thence on said southerly right of way line North 88°43' 15"West, 140.64 feet; Thence leaving said southerly right of way line, North 01'05' 11" East,40.00 feet,to the centerline of said East Idaho Avenue; Thence on said centerline,South 88'43' 15" East, 180.82 feet to the POINT OF BEGINNING. The above-described easement contains 0.48 acres (20,750 FT2), more or less PREPARED BY: The Land Group,Inc. Michael Femenia, PLS �Oti��AG�NSN sG� �ICtJ G O a 1 � OF SOP 4� 4 S. 06/29/2023 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 20B.939.4041 thelandgroupinc.com Exhibit A, page 1 i EAST IDAHO AVENUE N88°43'15"W�384.114,' POB 203.32' T 180.82'Or N01°05'11"E 40.00' R/W o I i I N88°43'15"W 140.64' i IRRIGATION EASEMENT 0.48 Acres± ' 4,750 FT2) o f of of (D 18 o ti "'CD w cD O Q I Q N c� (ti Co Q 3 Q I� � R/W 4W H QN�_N o Z3 Co o=,�`�W R/W ALLEY R Ci x. o NCIO o y —��— m4vj/W z W I I I i fie, i I W 1O C, O 4 9 I s I 7 I I I OHO I OI010 � 0 � 10 —_—I—. R) R/W R11W /W o Co 0 _ a ^! S88°42'14"E 379.49' ,co �, 3 o 0 tio� DSG EAST BROADWAY AVENUEcvD M AL C/ � • � O O 55 , s N88°42'14"W of 40.93' 3 4 s R OO/ V2023 0 60, 120' E Exhibit 'B" Horizontal Scale:1" = 60' Project No.:122059 � e Date of Issuance:August 29,2023 s fiM50PATHE Irrigation Easement LAND Hunter Lateral "- - GROUP Nampa Meridian Irrigation District �ss �^o Exhibit A, page 2 W IDIAN� AGENDA ITEM ITEM TOPIC: License Agreement between the City of Meridian and the Nampa and Meridian Irrigation District for Pathway along the Creason Lateral to be built with the Lennon Pointe Subdivision AGREEMENT AGREEMENT,made and entered into this day of , 2023,by and between NAMPA&MERIDIAN IRRIGATION DISTRICT,an irrigation district organized and existing under and by virtue of the laws of the State of Idaho,hereinafter referred to as the"District,"and THE CITY OF MERIDIAN, a political subdivision and municipality of the State of Idaho hereinafter referred to as the"City," WITNESSETH: WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and Maintaining Pathways for public use along and across some of the District's ditches and within some of the District's easements and fee title lands dated December 19,2000,recorded as Instrument No. 100102999, records of Ada County, Idaho,hereinafter referred to as the"Master Pathway Agreement;"and, WHEREAS, the District and the City intended by entering the Master Pathway Agreement to accomplish the following in a manner that is consistent with their respective legal and fiduciary responsibilities;to enhance the City's pathway planning though early consultation between the City and the District;to establish a process for the City's submission ofpathway requests and the District's consideration of such requests; and to provide the general conditions for the District's approval and authorization of pathway requests affecting the District's ditches,property, operations and maintenance; and, WHEREAS, the District grants to the City the right develop pathways to encroach within the District's easements and/or fee title property along and across the District's ditches,canals and easements/fee title property therefor upon the terms and conditions of said Master Pathway Agreement and after the execution of an agreement for each proposed crossing and encroachment; and, WHEREAS,the City is the owner of the real property easement/right of way that is servient to the District's easement/fee title property particularly described in the "Legal Description"attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District controls the irrigation/drainage ditch or drain known as the KELLOGG DRAIN (hereinafter referred to as "ditch or drain") together with the real property and/or easements to convey irrigation and drainage water, to operate and maintain the ditch or drain, and which crosses and intersects said described real property ofthe City as shown on Exhibit B attached hereto and by this reference made a part hereof; and WHEREAS,the City desires approval to construct,install,operate and maintain: 1)a ten foot(10') pedestrian pathway across and over the piped Kellogg Drain and within the District's easement for the Kellogg Drain,under the terms and conditions of said Master Pathway Agreement and those hereinafter set forth, AGREEMENT -Page 1 NOW,THEREFORE,for and in consideration of the premises and of the covenants,agreements and conditions hereinafter set forth and those set forth in said Master Pathway Agreement,the parties hereto agree as follows: 1. The City may construct,operate,maintain and repair: 1)a ten foot(10')pedestrian pathway across and over the piped Kellogg Drain and within the District's easement for the Kellogg Drain,within Lennon Pointe Subdivision, located southeast of the intersection of Linder Road and Ustick Road in Meridian, Ada County,Idaho. 2. Any construction, widening or crossing of said ditch or drain shall be performed in accordance with the"Special Conditions" stated in Exhibit C, attached hereto and by this reference made part thereof. 3. The permitted hours of use of the pathway shall be from one half hour before sunrise and one half hour after sunset. 4. The parties hereto incorporate in and make part of this Agreement all the covenants, conditions, and agreements of said Master Pathway Agreement unchanged except as the result of the provisions of this Agreement. The covenants, conditions and agreements herein contained and incorporated by reference shall constitute covenants to run with, and running with, all of the lands of the City described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF,the District has hereunto caused its corporate name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the City has hereunto subscribed its corporate name to be subscribed and its seal to be affixed thereto, all as of the day and year herein first above written. NAMPA&MERIDIAN IRRIGATION DISTRICT By =— -- Its President ATTEST: Its Secretary AGREEMENT -Page 2 THE CITY OF MERIDIAN By '( /Ro ert E. mi on, Mayor 10 - 17 - 2023 AT ED A VG�sT 24 'o ('itv of w is John it erk 10- 17-20 E I 4 DIAN -- IOA110 STATE OF O C) SEAL ss : �Zr�Rof the TREP`'���J County of Canyon ) On this day of , 2023 , before me, the undersigned, a Notary Public in and for said State, personally appeared Will Patterson and Michael Comeskey, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district 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 , Idaho My Commission Expires : STATE OF IDAHO ) ) ss : County of Ada ) On this 17th day of October , 2023 , before me, the undersigned, a Notary Public in and for said State, personally appeared Robert E . Simison and Chris Johnson , known to me to be the Mayor and City Clerk , respectively, of The CITY OF MERIDIAN, the entity that executed the foregoing instrument and acknowledged to me that such 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 CHARLENE WAY Residing at Meridian , Idaho , (; NO. WPM My Commission Expires : 3 -28-2028 NOTARY PWIC STATE OF IDAHO AGREEMENT - Page 3 EXHIBIT A Lezal Description A right-of-way/easement located at or near Lennon Pointe Subdivision in the NW 1 A of Section 1, Township 3 North, Range 1 West, B.M., Meridian, Ada County, Idaho as more specifically described/depicted in Exhibit A-1 attached hereto and by this reference incorporated herein. EXHIBIT B Location of Property/Drain See Exhibit C-1 attached hereto. EXHIBIT C Special Conditions a. The location and construction of the pathway shall be in accordance with Exhibit C-1, attached hereto and by this reference made a part hereof. b. Licensee acknowledges that the District's easement for the Kellogg Drain includes a sufficient area of land to convey irrigation and drainage water,to operate,clean,maintain and repair the ditch or drain,and to access the ditch or drain for said purposes,and is a minimum of 60 feet,30 feet to either side of the centerline for this section of the Kellogg Drain. C. Construction shall be completed one year from the date of this agreement. Time if of the essence. AGREEMENT-Page 4 HMH engineering Lennon Pointe Subdivision Kellogg Drain — City Pathway Legal Description Four Parcels of pathway situate in the North 112 of the West 212 of Government tot 4 in Section 1, Township 3 North,Range 1 West, Boise Meridian, City of Meridian,Ada County, Idaho, and more particularly described as follows: PARCEL 1 COMMENCING at the northwest corner of Section 1 as described in Corner Record Instrument No. 109109699,from which the west one-quarter corner as described in Corner Record Instrument No. 108044955, bears,South 00001'03" East,2699.19 feet;thence South 00001'03"East,683.16 feet to the southerly boundary of the North 1/2 of the West 1/2 of Government Lot 4;thence along said boundary, South 88°59'01" East, 73.98 feet to the easterly right-of-way for N. Linder Road monumented by a 5/8-inch bar with cap PLS11463;thence continuing along said boundary,South 88'59'01" East, 590.78 feet to the westerly boundary of the Creason Creek Subdivision No.1 recorded in Book 112 of Plats at Pages 16486-16488;thence along said boundary, North 00002'45" East, 44.84 feet to the southerly boundary for the Kellogg Drain easement;thence along said southerly boundary, North 89013'52"West, 245.55 feet to the westerly right-of-way for N.Zion Park Ave, and the POINT OF BEGINNING 1; Thence continuing along the southerly boundary forthe Kellogg Draln easement,North 89°13'52" West, 0.43 feet;Thence along the arc of a non-tangent curve to the left 9.76 feet, having a radius of 20.50 feet,a central angle of 27'16'22" and subtended by a chord bearing North 23°39'32"West,9.67 feet;Thence along the arc of a compound curve to the left 2.35 feet,having a radius of 1.50 feet,a delta angle of 89°43'11" and subtended by a chord bearing North 82009'19"West, 2.12 feet;Thence South 52059'05"West, 14.79 feet to the southerly boundary for the Kellogg Drain easement;Thence along said southerly boundary, North 89°13'52"West, 102.89 feet to POINT'A';Thence along the southerly edge of the sidewalk, North 42032'42" West, 5.22 feet to the southeasterly boundary of the concrete trash enclosure;Thence along said southeasterly boundary, North 48041'29" East,5.00 feet to the northerly edge of the sidewalk; Then along said northerly edge of the sidewalk the following five (5) courses and distances,Thence South 42032'42" East, 8.51 feet;Thence along a curve to the left 1.24 feet, having a radius of 1.50 feet, a central angle of 47024'33" and subtended by a chord bearing South 66°14'58" East, 1.21 feet; Thence South 89057'15" East, 89.74 feet;Thence North 52°59'05"East,24.24 feet; Thence along the arc of a non-tangent curve to the right 11.67 feet,having a radius of 25.50 feet,a central angle of 26013'06"and subtended by a chord bearing South 38053'23" East, 11.57 feet to the westerly right-of-way for N.Zion Park Ave;Thence along said westerly right-of-way,along the arc of a non-tangent curve to the left 7.89 feet, having a radius of 73.51 feet,a central angle of 06°09'01"and 680 S. Progress Ave., Suite#213 • Meridian, Idaho 83642 •Tel:208-342-7957 • Web:hmh-Iic.com Equal Opportunity Employer Exhibit A-1, page 1 subtended by a chord bearing South 17°19'51"West,7.89 feet to the POINT OF BEGINNING 1. TOGETHER WITH PARCEL 2 BEGINNING at the previously described POINT W,Thence along the southerly boundary for the Kellogg Drain easement, North 89°13'52"West, 19.71 feet to the POINT OF BEGINNING 2; Thence continuing along said southerly boundary, North 89013'52"West,9.13 feet to the southerly edge of the sidewalk;Then along said southerly edge of the sidewalk the following three (3)courses and distances,Thence along the arc of a non-tangent curve to the right 6.21 feet, having a radius of 37.28 feet, a central angle of 09°32'58"and subtended by a chord bearing North 45°08'43"West,6.21 feet;Thence along the arc of a reverse curve to the left 2.48 feet, having a radius of 1.50 feet,a delta angle of 94048'25"and subtended by a chord bearing North 87046'27"West,2.21 feet;Thence along the arc of a reverse curve to the right 6.24 feet,having a radius of 124.36 feet,a delta angle of 02052'31" and subtended by a chord bearing South 46°15'36" West,6.24 feet to the southerly boundary for the Kellogg Drain easement;Thence along said southerly boundary,North 89013'52" West, 7.48 feet to POINT'B'to the northwesterly edge of the sidewalk;Thence along said northwesterly edge,on the arc of a non-tangent curve to the left 28.72 feet, having a radius of 114.36 feet, a central angle of 14°23'25"and subtended by a chord bearing North 43011'53" East,28.65 feet the northerly boundary for the Kellogg Drain easement;Thence along said northerly boundary,South 41018'31" East, 5.21 feet to the southeasterly edge of the sidewalk;Then along said southerly edge of the sidewalk the following three(3)courses and distances,Thence along the arc of a non-tangent curve to the right 8.92 feet, having a radius of 124.36 feet,a central angle of 04006'39" and subtended by a chord bearing South 39'05'37" West, 8.92 feet;Thence along the arc of a reverse curve to the left 2.09 feet, having a radius of 1.50 feet,a delta angle of 79°46'S4"and subtended by a chord bearing South 01015'29"West, 1.92 feet;Thence along the arc of a compound curve to the left 13.48 feet, having a radius of 32.28 feet,a delta angle of 23°55'16" and subtended by a chord bearing South 50035'36" East, 13.38 feet to the POINT OF BEGINNING 2. TOGETHER WITH PARCEL 3 BEGINNING at the previously described POINT 'B',Thence along the southerly boundary for the Kellogg Drain easement, North 89°13'52"West, 20.66 feet to the POINT OF BEGINNING 3; Thence continuing along said southerly boundary,North 89013'52"West, 10.19 feet to the westerly edge of the sidewalk;Thence along said westerly edge on the arc of a non-tangent curve to the left 22.65 feet, having a radius of 132.42 feet,a central angle of 09048'06"and subtended by a chord bearing North 10049'27" West, 22.63 feet;Thence continuing along said westerly edge,along the arc of a compound curve to the left 44.77 feet, having a radius of 125.00 feet,a delta angle of 20031'16"and subtended by a chord bearing North 25059'08"West,44.53 feet to the southerly edge of the sidewalk; Then along said southerly edge of the sidewalk the following three(3)courses and distances,Thence South 46052'12" West, 18.91 feet; Thence along the arc of a curve to the left 10.85 feet, having a radius of 15.00 feet, a central angle of 41°26'54"and subtended by a chord bearing South 26008'45" West, 10.62 feet; Thence along the arc of a reverse curve to the right 4.53 feet, having a radius of 25.00 feet, 680 S. Progress Ave., Suite #28 • Meridian, Idaho 83642 •Tel:208-342-7957 • Web: hmh-Ilc.com Equal Opportunity Employer Exhibit A-1, page 2 a delta angle of 10°23'25" and subtended by a chord bearing South 10°37'00"West,4.53 feet to the westerly boundary for the Kellogg Drain easement; Thence along said westerly boundary, North 36°41'31"West, 6.83 feet to the northerly edge of the sidewalk;Thence along said northerly edge,on the arc of a non-tangent curve to the right 13.91 feet,having a radius of 20.00 feet, a central angle of 39"50'37" and subtended by a chord bearing North 26°56'53" East, 13.63 feet; Thence continuing along said northerly edge, North 46°52'12" East, 19.41 feet to the westerly edge of the sidewalk;Thence along said westerly edge, on the arc of a non-tangent curve to the left 20.96 feet, having a radius of 125.00 feet,a central angle of 09036'26"and subtended by a chord bearing North 43"21'12"West, 20.94 feet;Thence continuing along said westerly edge, on the arc a reverse curve to the right 43.09 feet, having a radius of 290.17 feet,a delta angle of 08°30'29" and subtended by a chord bearing North 43054'10"West,43.05 feet to the southerly edge of the sidewalk;Then along said southerly edge of the sidewalk the following three (3) courses and distances,Thence South 51021'05" West, 7.11 feet; Thence along the arc of a curve to the right 31.42 feet, having a radius of 15.00 feet,a central angle of 120"00'06" and subtended by a chord bearing North 68938'52" West, 25.98 feet; Thence along the arc of a reverse curve to the left,having a radius of 13.00 feet,a delta angle of 76`14'34", an arc length of 17.30 feet, and subtended by a chord bearing North 46°46'06"West,16.05 feet to the westerly boundary for the Kellogg Drain easement;Thence along said westerly boundary,North 36041'31" West, 6.09 feet to the northerly edge of the sidewalk;Then along said northerly edge of the sidewalk the following three (3) courses and distances,Thence along the arc of a non-tangent curve to the right 28.04 feet, having a radius of 18.00 feet, a central angle of 89015'38"and subtended by a chord bearing South 53°17'04" East, 25.29 feet;Thence along the arc of a reverse curve to the left 20.94 feet, having a radius of 10.00 feet, a delta angle of 119°58'11" and subtended by a chord bearing South 68°38'20" East, 17.32 feet;Thence North 51°22'35" East,7.07 feet to the westerly edge of the sidewalk;Thence along said westerly edge, on the arc of a non-tangent curve to the right 69.69 feet, having a radius of 290.17 feet, a central angle of 13045'40" and subtended by a chord bearing North 31°46'51"West,69.52 feet;Thence continuing along said westerly edge,on the arc of a non-tangent curve to the left 64.29 feet, having a radius of 51.25 feet,a central angle of 71052'39" and subtended by a chord bearing North 60"00'12" West,60.16 feet to the easterly right-of-way for N. Linder Road; Thence along said easterly right-of-way, North 00°01'03"West, 10.04 feet to POINT'N on the northerly edge of the sidewalk;Thence along said northerly edge,on the arc of a non-tangent curve to the right 12.75 feet, having a radius of 61.25 feet, a central angle of 11°55'21" and subtended by a chord bearing South 89°00'39" East, 12.72 feet; Thence continuing along said northerly edge,on the arc of a reverse curve to the left 2.50 feet, having a radius of 1.50 feet,a delta angle of 95040'03" and subtended by a chord bearing North 49°07'00" East, 2.22 feet to the westerly edge of the sidewalk; Thence along said westerly edge, North 01016'58" East, 19.07 feet to the southerly edge of W. Pebblestone Drive;Thence along said southerly edge, on the arc of a non-tangent curve to the left 10.81 feet,having a radius of 56.00 feet, a central angle of 11°03'45" and subtended by a chord bearing North 69009'00" East, 10.80 feet to the easterly edge of the sidewalk; Thence along said easterly edge, South 01°16'58"West, 25.84 feet to the northerly edge of the sidewalk;Then along said northerly edge of the sidewalk the following six(6)courses and distances,Thence along the arc of a curve to the left 1.89 feet, having a radius of 1.50 feet,a central angle of 72°11'09" and subtended by a chord bearing South 34048'37" East,1.77 feet;Thence along the arc of a reverse curve to the right 35.19 feet, having a radius of 61.25 feet, a delta angle of 32°54'49" and subtended by a chord bearing South 54026'47" East, 34.70 feet; Thence along the arc of a non-tangent curve to the right 1.03 feet, 680 S. Progress Ave., Suite#213 • Meridian, Idaho 83642 • Tel: 208-342-7957 • Web: hmh-llc.com Equal Opportunity Employer Exhibit A-1, page 3 having a radius of 69.39 feet, a central angle of 00050'49"and subtended by a chord bearing South 37°18'15" East, 1.03 feet;Thence along the arc of a reverse curve to the left 7.06 feet,having a radius of 3.00 feet, a delta angle of 134050'44" and subtended by a chord bearing North 75041'48" East, 5.54 feet;Thence North 08016'25" East,4.42 feet; Thence along the arc of a curve to the left 16.99 feet, having a radius of 120.00 feet,a central angle of 08006'39"and subtended by a chord bearing North 04013'06" East, 16.97 feet to the easterly boundary for the Kellogg Drain easement;Thence along said easterly boundary,South 36041'31" East,8.06 feet to the easterly edge of the sidewalk;Then along said easterly edge of the sidewalk the following six(6)courses and distances,Thence along the arc of a non-tangent curve to the right 11.24 feet, having a radius of 125.00 feet,a central angle of 05°09'14" and subtended by a chord bearing South 05"41'48" West, 11.24 feet; Thence South 08°16'25"West, 18.43 feet; Thence along the arc of a non-tangent curve to the left 1.93 feet, having a radius of 3.00 feet,a central angle of 36°49'50" and subtended by a chord bearing South 07014'08" East, 1.90 feet; Thence along the arc of a compound curve to the left 110.05 feet, having a radius of 280.17 feet,a delta angle of 22°30'21" and subtended by a chord bearing South 36"54'14"East, 109.35 feet; Thence along the arc of a non-tangent curve to the right 21.61 feet, having a radius of 129.41 feet,a central angle of 09034'12"and subtended by a chord bearing South 43028'08" East, 21.59 feet;Thence along the arc of a reverse curve to the left 2.31 feet, having a radius of 1.50 feet,a delta angle of 88°22'49" and subtended by a chord bearing South 82052'27" East,2.09 feet to the northerly edge of the sidewalk;Then along said northerly edge of the sidewalk the following three(3)courses and distances, Thence North 52056'09"East,8.94 feet;Thence along the arc of a curve to the left 5.54 feet,having a radius of 6.00 feet,a central angle of 52053'24"and subtended by a chord bearing North 26029'27" East, 5.34 feet;Thence North 00002'45" East,5.62 feet to the easterly boundary for the Kellogg Drain easement;Thence along said easterly boundary, South 36041'31" East,8.28 feet to the southerly edge of the sidewalk;Thence along said southerly edge, on the arc of a non-tangent curve to the right 9.13 feet, having a radius of 11.00 feet,a central angle of47°34'40"and subtended by a chord bearing South 29008'49" West, 8.87 feet;Thence continuing along said southerly edge, South 52056'09"West, 8.87 feet to the easterly edge of the sidewalk; Then along said easterly edge of the sidewalk the following four(4)courses and distances,Thence along the arc of a curve to the left 2.32 feet, having a radius of 1.50 feet,a central angle of 88'33'24"and subtended by a chord bearing South 08°39'27" West, 2.09 feet;Thence along the arc of a reverse curve to the right 46.88 feet, having a radius of 135.00 feet,a delta angle of 19°53'45" and subtended by a chord bearing South 25°40'23"East,46.64 feet; Thence along the arc of a compound curve to the right 24.71 feet, having a radius of 142.42 feet, a delta angle of 090S6'25", and subtended by a chord bearing South 10°45'17" East, 24.68 feet; Thence along the arc of a reverse curve to the left 0.85 feet, having a radius of 3.00 feet, a delta angle of 16018'10" and subtended by a chord bearing South 13°56'10" East,0.85 feet to the POINT OF BEGINNING 3. TOGETHER WITH PARCEL 4 BEGINNING at the previously described POINT'[',Thence along the easterly right-of-way for N. Linder Road, North 00001'03" West, 165.41 feet to the northerly boundary for the Kellogg Drain easement; Thence along said northerly boundary, North 89058'57" East, 17.43 feet to the POINT OF BEGINNING 4; 680 S. Progress Ave.,Suite#213 • Meridian, Idaho 83642 • Tel: 208-342-7957 • Web: hmh-Ilc.com Equal Opportunity Employer Exhibit A-1, page 4 Thence continuing along said northerly boundary, North 89°58'57" East, 10.01 feet to the easterly edge of the sidewalk;Then along said easterly edge of the sidewalk the following five(5)courses and distances,Thence along the arc of a non-tangent curve to the right 20.51 feet,having a radius of 365.90 feet,a central angle of 03012'41"and subtended by a chord bearing South 01.20'10"East,20.51 feet;Thence North 89°58'57" East, 3.75 feet to the westerly edge of W. Pebblestone Dr.;Thence along said westerly edge,South 01024'46"West, 5.00 feet;Thence South 89°58'57"West,4.00 feet;Thence South 01°16'29"West, 80.88 feet to the northerly edge of W. Pebblestone Dr.;Thence along said northerly edge,on the arc of a non-tangent curve to the right 14.07 feet,having a radius of 27.50 feet, a central angle of 29°18'16" and subtended by a chord bearing South 47014'12"West, 13.91 feet to the westerly edge of the sidewalk;Thence along said westerly edge, North 01.16'58" East, 103.93 feet; Thence continuing along said westerly edge,on the arc of a non-tangent curve to the left 11.91 feet, having a radius of 355.90 feet, a central angle of 01055'02"and subtended by a chord bearing North 02°03'SS"West, 11.91 feet to the POINT OF BEGINNING 4. Containing 5,406 square feet or 0.124 acres, more or less. Prepared by: Ronald M. Hodge, PLS Survey Department Manager LANp�..- 5115 ob, 01 �P f9�f �p��/�C. p OF V RMH:tk 680 S. Progress Ave.,Suite#26 • Meridian, Idaho 83642 • Tel:208-342-7957 • Web: hmh-lic.corn Equal Opportunity Employer Exhibit A-1, page 5 35 36 EXHIBIT B 2 1 NMID f CITY PATHWAY L15 — � i R/W �( 3 ) 30 T\ a W Pebblestone Dr � �"' �J r Q O z9 I O rn 00 SCALE: 1"= 200' !tom- O � o- 0. Point C f, (! 13 c O 2 I I -tom lunJ� \ Z 14 23 Z i 16 3V,f--- \ I 11 '- W \ 3 W Sindon Ln point of a \ -Sheet 2�PR j / Beginning 1 14 c ` L13 L9 N89'13'52"W 245.55' ( ) Point A � N00'02'45"E 73.9$' -� v � Point B is I 16 I 17 44.84' 590.78' CREASON LATERAL S88'59'01"E PER CREASON CREEK SVBDIWSION No. 2 Pl LAND CREASON CREEK I I p� SUBDI14SION No. 2 LEGEND �C 85 i 5 Plat Line v� �- 2 1 Section Line—— — — — yl ap —— — — — — — Kellogg Drain Easement Line `F — — — Lot Line `0� Record Plat Line 9�0 M• H�0 ®& Suvery Monuments Sheet 1 of 6 sidewalk Area H1yIH ENGINEERING Lennon Pointe City Easement.dwg DDM (208)342-7957 EXHIBIT B NMID/CITY PATHWAY �4 f W Sindon Ln r' 4fd SCALE: 1"= 10' d Q C2 a 5 � � f C3 U —`� - - --- L3 —— — — — — ^ — — L —N89°13'52"W 245.55' > Point A Point of Beginning 1 va c� J FOR. W Sindon Ln PR- _ P1, LANp C10 �O�<.- TERr 85/5 c.� cap Io. , � C7 Point of �� 9lE OF \op Beginning 2 L13 / Lli — L10 Point B C6 Sheet 2 of 5 HNM ENGINEERING Lennon Pointe Gty Easement.dwg (208)342-7957 MATCH EXHIBIT B 4 SHEET4 \ NMI /CITY PATHWAY G� cc, ti \ C 0 �o \ 20 \ \ \ z SCALE: 1"= 20' \ crs \ \ C38-7 g a\ \ C41 \ Da \ \ rn 00 \ Vy P 1 LAN rERF��G � i0 mr- r \ n \ c+, w \ w Point of Beginning 3 Sheet 3 of 6 -�) -L]3,•, FNM ENGINEERING Lennon Pointe City Easement.dwg (208)342-7957 EXHIBIT B NMI D / CITY PATHWAY Point of Beginning 4 LIS i32, PR— � I W Pebblestone Dr. c I n N L33 I SCALE: 1"= 20' m J ,e III Z La3l 5 `nryI C27Point C 6 C2 i 4III r C29 a '" a I cn 4j C�� V Lm I� w m\ o2s C32 -\ 0 _ 0: \ \ a c \ \ Z \ C34 \ LAND \ 8575 n v Nq�p M Sheet 4 of 6 MATCH LINE BN i ENGINEERING Lennon Pointe City Easement.dwg SHEET 3 (208)342-7957 EXHIBIT B NMID/ CITY PATHWAY LINE TABLE LINE TABLE LINE DIRECTION LENGTH LINE DIRECTION LENGTH L1 N89'13'52'W { 0.43' L21 N36'41'31"W 6.09' L2 S52'59'05"W 14.79' L22, N51'22'35"E 7.07' L3 N89'13'52"W 102.89' L23 N00'01'03'W 10.04' ` L4 N42"32'42"W 5.22' L24 NOV 16 WE 19.07' L5 N48'41'29"E 5.00' L25 S01'16'58"W 25.84' k L6 S42'32'42"E 8.51' L26 S36'41'31"E 8.06 L7 S89'Sr 15"E 89.74' L27 SW 16'25"W 18.43' > LS N52°59'05"E 24.24' L28 N52°56 09"E 8.94' L9 N89°13'52"W 19.71' L29 NOW 02'45'E 5.62' L10 N89'13'52"W 9.13' L30 �536'41'31"E 8.28' ro L11 N89"13'52'W 7.48' L31 S52'5V 09"W Ur o - L12 S41'18'31"E 5.21' L32 N89'S8'57"E 10.01' L13 N89"13'52'W 20.66' L33 N89'58'5r'E 3.75' L14 N00'01'03'W 165.41' L34 S01'24'46'W 5.00' L15 N89'58'57"E 17.43' L35 S89'58'57'W 4.00' L16 l N89'13'52"W 10.17 L36 S01'16'29"W 80.88' L17 S46'52'12"W 18.91 L37 NOV 16'58"E 103.93' L18 N36'41'31'W 6.83' L38 N08'16 25"E 4.42' p -+ `l COL.O�Obf/ ?1/L19 N46'S2'12"E 19.41'L20 S51'210W 2 02i p 0� �q(D M. boo ! Sheet 5 of 6 FINM ENGINEERING Lennon Pointe City Easement.dwg (208)342-7957 EXHIBIT B NMID / CITY PATHWAY CURVE TABLE CURVE TABLE C# RAD DELTA LEN CH. BRG CH.LEN C# RAD DELTA LEN CH. BRG CH. LEN Cl 20.50' 027*1622" 9.76' N23'39'32'W 9.67' C25 51.25' 071'5239" 64.29' N60'00'12"W 60.16' C2 1.50' 089'4311" 2.35' N82'09'19'W 2.12 C26 61.26 011'5521" 12.75' S89'00'39"E 12.72' C3 1.50' 047*24*33' 1.24' S66'14'58"E 1.21' C27 1.50' 095'40'03" 2.50' N49'07'00"E 2.22' C4 25.50' 026'13'06" 11.67' S38'53'23"E 11.57' C28 56.00' 011'03'45' 10.81' N69'09'00"E 10.80' C5 73.51' 006'09'01" 7.89' S17'1951'W 7.89' C29 1.50' 072*11'09" 1.89' S34'48'37"E 1.77' C6 37.28' 009'32'58" 6.21' S45'08'43"E 6.21' C30 61.26 032'54'49" 35.17 S54-26-47-E 34.70' C7 1.50' 1 094'48'25" 2.48' S87'46'27"E 2.21' C31 69.39 000'5049" 1.03' S37'18'15'E 1.03' CS 124.36' 002'52'31" 6.24' N46-15-36-E 6.24' C32 3.00' 134°50'44" 7.06 N75'41'48"E 5.54' C9 114.36' 1 014'2325" 28.72' S43'11'53"W 28.65' C33 120.00' 008'06'39" 16.9W N04°13'06"E 16.97' a C10 124.36' OO4'06'39" 8.92' N39'05'37"E 8.92' C34 3.00' i 036'49'5O" 1.93' S07'14'08"E 1.90' C11 1.50' 079'46'54" 2.09' N01'15'29"E 1.92' C35 125.00' 005'09'14" 11.24' S05'41'48"W 11.24' C12 32.28' 023'S5'16" 13.48' N50'3536"W 13.38' C36 280.Ir 022'30'21" 110.05- S36'54'14"E 109.35 C13 132.42' 1 009°48'O6" 22.65' N10'49'27"W 22.63' C37 129.41' 009'34'12" 21.61' S43-28.08-E 21.59' C14 125.00' 020°31'16" 44.77' N25'59'08W 44.53' C38 1.50' 088'2249" 2.31' S82'5227"E 2.09' C15 j 15.00' 041'26'54" 10.85 S26'OB'45"W 10.62' C39 6.00' 052'53'24" 5.54' N262927"E 5.34' C16 25.09 010'23'25' 4.53' S10'37'00"W 4.53' C40 11.00' 047'34'40" 9.13' S29'08'49'W 8.87' C17 20.00' 039'50'37" 13.91' N26'56'53"E 13.63' C41 1.50' 088'33'24" 2.32' S08-39'27-W 2.09' C18 125.00' 009'36'26" 20.W N43'21'12'W 20.94' C42 135.00' 019'5745" 46.88' S25'40123"E I 46.64' �1PL LAND C19 290.17' 008'30'29" 43.09' N43'54'10'W 43.05' C43 142.42' 009°56'25" 24.71' S10°45'17"E 24.68' C20 15.00' 120'00'06" 31.42 N6W3852"W 25.9 C45 365.90' 003°12'41" 20.51' S01°2010'E 20.51' �2!�5 C21 13.00' 076'14'34" 17.30' N46'46'O6W 16.05' C46 27.50' 029°18'16" 14.07' 547-14-12-W 13.91' '158 28.04' S53-17' 4-E 25.2 ' 355.90' 001*5602" 11.91' NO2'03'55"W 11.91'C22 18.00' 089 OF _\='� C23 10.09 119°58'11" 20.9 S683820'E 17.32' C48 1 3.00 06181 " 085' S13'5610"E 0.85 p�o V r�' M C24 290.17' 013'45'4(r 69.69 N31-4951-W 69.52' Sheet 6 of 6 HNM ENGINEERING Lennon Pointe City Easement.dwg (208)342-7957 � I MATCH LINE SEE SHEET Cl2.3 GRADING NOTES r•RBI I.ETA jRRB- 4SR't-SRS"RITSIR B!•-��'�'�'' 1. ALL ELEVAIIOPE 8NP"w ARETBG E125711R� /fGRAOE ELEVATIONS.SUSYRACT FwnH E, THE GOMRACION SNKLVERI"THAT NO _ � SURFACE MATERIAL AND DALE MATERIAL UNMARKED MISTING UNDERGROUND E:xM®Ix.iRt Y-f/, r'* -/J { TOORTANTOPOFSUSO 1. UIILMESIVSTINTNECONNTRUCION �` y;�AR,,,�,�roETMTNCGpIBTRUC110N 1E , __ RHfIVAi AT 1RRERYALB.IN ETD6 ��, 1 R/ I T.�r � + A ALL CUTPE'RLELOPEBBNAMBEAT):1 R bE611EET3 Cl MDCD]U.I�O��E G+•, PEOEBTRMN AMR �'� I 1 1 MAXMUM UNIEM NOTED OTMERW SE. _ N:f11UEbED- 1 ■ IEMEET GT�BI F.)y�17.111 /� / I PoEL'7310]8 ■ A, COORDINATE UNDERGROUND UTIrtY 'U 6NIPMl.ORLW Np OURPALEB l,UY18lOPE `\!I f ; '••.' (r I 71xxkS7RxR NBTALLATICH WITH C—IAORK ENOWI. IN MUM 012NANMY FROM ALL ""^I��-,• f,5' .%',. ` I I ewEon.o�o ' BUILDNG FGGNDATIORS TBCEL'x0/gW \ ' S. THE TOP LAYENOPUNWTAlaAORGANIC, �• I E]ImT NO VAIl�T N•7Tn10RiBd! {�js I TOPSOIL WITERUL WITIIN THE GRADING 11.REMOVE—DEVNISANDIRIPOSEAT AN A• .d17 r ExM1018IDN'•`((( qY LAM SHALL BE STRIPPED TO A MINIMUM APPROUMOFTSIM—ATKIN. J CLELxe10.00 / i �ry -> CE01110FC NCNEE ANOO'AAanmoA ',IBrL I vRon)eto Town HGMee ■ OFr BRE u,FOR OEEIEO CHTIIALRE-JUI,REPEn M.71TxEA.1E0Y �+ 1 TOTNEG .UST RUCEPEFOm rTO fE:244MIOM�" YtOI I �.�� � I �• �- R�:7'nA0' E. APTR(GATIB&UP RAD SIN ALL PLACING ANDFPONALEU M710 TREPMATKNi G ,� ACGRUUATE EUDADEDEMALLDE DROOP AMDnEmMMENOAT N]HB ROLlETliMARLOADEDREA[ 1U0K rTr0 W AO EL.nno,10 ■ 1NSPECTFq ANYSOFF MEA6 ENALL BE 1),gEERMDANY BNEEISCS DCiA NR (]Yg /.E•:�-'�I L1,... F, �N;1/7xOT78'xA ER CAVATEOANDMUZDIMTHOOMPACIFD AUONMENT AND FIWIL GRADE FOR ALL �a•�]� ENGINEERED FILL. PROPOBEO PUKE AND PRNAIE ROADS. 2 '� ```__ 1\ I M1• 1. 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I ��: Al7R'hhPPIX..f f lop PROPOSEDT RMLEDCURBMOOIRTER PER OETA1L2,BHEETOO'14, I Gil`I IGi) r C,T,)'I R \ , I \\\\ \ © PROPOSED TREVERBE PAN g011E0 WRa PEROETAILJ.SHEET CPI.O. i(��'1r�..�'v'IS!•� ..r' •i P \ PROPOSED NMO DRAIN irlrl'P'T I s F .FR£SEF APPROVEDNMID I Q PROPOSED SIDEWuk WITH S'ROLIEDCURB PER ACND BDRDB,OETAIIA 1 I I.: ^ ' ENEETC6I,D10 . JPGSEO TRAR SURPA4� \ ` PIAN980R EXACTV H• _v I _ �CI. LOCATION ANO F,LEVATION T {I I-"ATE)QSTING GRADE(TYPJ \ PROPOSED VERTICAL CURETMNBGON PER CETAIL O.SHEET CPtaf+ �,1\\•\\ 1 fl PROPEDPEDEEIWIVI A PPEA DETAIL I.EN IO EETC07.O MH 'I \ T nvRUNCATED DOMES PER ACHDBd712. moo/ I, — \`,,••t \\ - ; Q E PROM SD DETACNEO CONCRETE B•.WAU[PER OETAILS.SNIET W d � ,,\ •. � I ON PROPOSED CONCRETE PAINwAYPER DETAIL A.SHEET ODOR. I a• •.�.\\.Ru�� w (D PROPOSEOVALLEYOUITERPER MTAO.x,SNEETCDBA, F I)_•�1.f - I }_ L) CONCRETE CURB CHANNEL PER DETAIL It SHEETCOA.O. 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'lRKNSN WPREFORNm 9IYWNUIEJPNTRATEETEpNFAMFPws"o1.T4 {{ T•MOJxWWCE1AFI',I%vT1 TENeE.RswnI..uLFNmDFIVff eEOBEnN�1TWt'11NwcnrwoA a..,N,.�•Y+�`se..q•wv.�.P.bYlA...Pwr+wd� IbNa lw. 26 OW ^�� O 1iDTWEM }B -NTNI4OP—E g RNM Z SWN R THE MERIDIAN PA-NA"VA—R J P+JIN CNAFTEp 3, ON� Z y _ J !. FIDE WAIN LONBTRIOTNN AMIIR 84N1.EYILSRUCTED xPPIIJUN1TElV>rWDE.YIN ` IdnN WIMF�.u,-N W y f p®IN UA FFa®4 EaOED AS,pn•xmE+tMY®6riW5NIN J01NT F111FA 1. PA—T 6E IONWWNOEMONDEDFECNREIORr BEEPROIECT -• 9HKl BE PUCEO EVEPY V RA nE W eIOPIYAUt CON.9IRICTNN OEDIECHNN:AL ENGINEERING REPORT PREPARED BY AE AB TECNNIFJIL V B. A1I MNCAEIE SHAIS DE fI.ETE DTDIER RiOTIONYW OF TNEIBrMC IPReB9 CONSULTANTB,AT—FILE NO.B2llM2oN DATEDJUKE 25.2021,AND b OINOAMN_upfi4), SUBSEOUENTADDENDA. P.—A.A:-V.W Fa P-W tS�LT� TYPICAL MERIDIAN CONCRETE PATHWAY DETACHED CONCRETE SIDEWALK 7;1 CROSS-SECTION DETAIL ^•'+„• IslEl CU-9.O ..�. 824.20Q7 " TFia MOVED E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Memorandum of Understanding Between the City of Meridian and Meridian Firefighters IAFF Local 4627 for Implementation of Certain Provisions of the 2023-2026 Successor Collective Labor Agreement MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is entered into this 17th day of October 2023, by and between Meridian Firefighters IAFF Local 4627 ("Union") and the City of Meridian("City"), collectively the "Parties." The City and Union mutually agree to the following provisions related to implementation of certain provisions of the 2023-2026 successor Collective Labor Agreement ("CLA"): I. Article 22—Temporary Promotions During 2021-2023 CLA Any bargaining unit member who was temporarily promoted and subsequently permanently promoted to the position while the 2021-2023 CLA was in effect will have their initial date of temporary promotion treated as their promotion/anniversary date. II. Implementation of Elimination of Recruit and Probationary Firefighter Pay Step In order to effectuate the removal of Recruit/Probationary pay step 1, all bargaining unit members in the Recruit/Probationary pay step I on October 1, 2023 will be moved to Firefighter Step I*, effective that date. Entry-level laterals will maintain their hire date as their anniversary date. Beginning on October 1, 2023, all non-lateral, entry-level bargaining unit members (i.e. Recruits or Probationary Firefighters)will have their hire date treated as their anniversary date. *However, in order to prevent inequities related to the implementation of this provision, on October 1, 2023, Brennan Maloney and Nefatly Lupercio will be moved to Firefighter Step 2 and will maintain their anniversary date. III. Implementation of Step Placement and Step Movement Upon Promotion The Parties' have agreed to new language in the 2023-2026 CLA governing step placement and step movement upon promotion. In order to prevent the new language from creating pay inequities for bargaining unit members who promoted while the 2021-2023 Collective Labor Agreement was in effect, on October 1, 2023, all bargaining unit members who promoted during the term of the 2021-2023 CLA to step I of a higher classification will be treated as though the new Step Placement and Step Movement Upon Promotion language in Appendix A was in effect at the time of the promotion. For example, a Firefighter Step 6 earning Work Out of Class who was promoted to Engineer Step 1 on April 4, 2023,will be placed on Engineer Step 3 effective October 1, 2023, and will maintain their April 4, 2023 anniversary date. This MOU is effective upon execution of the 2023-2026 CLA. This MOU will expire automatically on the expiration date of the 2023-2026 CLA, unless the Parties mutually agree otherwise. APPROVED: ►-0'k-6 Z Z'0'z.:3 Derek Nelson, President Date Meridian Firefighters I.A.F.F. Local 4627 PASSED by the City Council of the City of Meridian, Idaho, this 1 7th day of October , 2023. APPROVED by the Mayor of the City of Meridian, Idaho, this 17t h day of October , 2023. APPROVED: ATTE y Robe E. S ison C hn on, Jerk oF`A�SO AUGUST' �Q 7 O IDIAN�- W sA SEAL yp�R Of the T��PS W IDIAN� AGENDA ITEM ITEM TOPIC: Subrecipient Agreements between the City of Meridian and the Boys and Girls Club of Ada County, Idaho, Inc., the City of Meridian and Family Advocacy and Education Services; the City of Meridian and Jesse Tree of Idaho; the City of Meridian and Neighborhood Housing Services, Inc.; and a First Amendment to the Subrecipient Agreement between the City of Meridian and Neighborhood Housing Services, Inc. Mayor Robert E. Simison E IDIANVI*w�- City Council Members: Brad Hoaglun John Overton Joe Borton Jessica Perreault D AH Luke Cavener Liz Strader ---------------- October 17, 2023 MEMORANDUM FROM: Crystal Campbell, Community Development Program Coordinator To: Mayor Robert Simison and City Council RE: CDBG Subrecipient Agreements and Amendments Background and Context The current Action Plan for the Community Development Block Grant (CDBG) program was approved by Council in July 2023. The City has also received approval from the Department of Housing and Urban Development(HUD),with whom the City has entered into an agreement. Staff is submitting the subrecipient agreements (SRA) for the projects that were included in the Action Plan as well as two (2) amendments for previous years funding with NeighborWorks Boise. Prior Year Amendments NeighborWorks Boise has been a valuable partner in housing-related activities. However, as both staff and Council have previously discussed, it has proven challenging to efficiently utilize CDBG funds to facilitate the purchase of affordable homes in Meridian for eligible recipients. Here is the status of funding for the Homebuyer Assistance Program from previous years: • PY21—The original time of performance for this agreement was November 1, 2022 to September 30, 2023. During this time they were able to provide assistance to one household. This agreement was awarded after the PY22 agreement was executed because these funds were reallocated after PY21 was closed out with remaining funds. This project was identified as a backup project in our PY21 Action Plan. • PY22—The time of performance for this agreement was October 1, 2022 to September 30, 2023. Staff requested that NeighborWorks utilize the PY21 funds prior to accessing the PY22 funds. None of this has been spent. • PY23—This was approved in the most recent Action Plan and has a potential start date of October 1, 2023. During the PY23 Action Plan presentation, staff discussed not awarding these funds until the previous awards were spent. If they weren't spent by December 31, 2023 the funds would be reallocated to PY23 Homeowner Repair. After discussions between staff and NeighborWorks regarding the best way to proceed with the Homebuyer Assistance Program, it was decided that the best course of action would be to allow the Mayor's Office . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-489-0529 . www.meridiancity.org PY22 agreement to expire and amend the PY21 agreement to include the funds they were allocated in PY22. The request for the PY23 funds has been withdrawn and has been included in the PY23 Homeowner Repair SRA. Additionally,there is an amendment for the PY22 Homeowner Repair program to extend the end date of the agreement.The majority of home repairs have been completed, but there were two (2) households that were approved later in the year and construction will not be complete until the Fall of 2023, which is after the current agreement expires. Council Action Staff is requesting that Council approve the following SRA's and amendments: • PY21 NeighborWorks Boise Homebuyer Assistance Amendment • PY22 NeighborWorks Boise Homeowner Repair Amendment • PY23 Boys &Girls Club Scholarship Program SRA • PY23 FACES of Hope Victim Services SRA • PY23 Jesse Tree Emergency Rental Assistance SRA • PY23 NeighborWorks Boise Homeowner Repair SRA Mayor's Office . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-489-0529 . www.meridiancity.org FIRST AMENDMENT TO SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND NEIGHBORHOOD HOUSING SERVICES, INC. DBA NEIGHBORWORKSO BOISE FOR PROGRAM YEAR 2022 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This First Amendment is entered into this 17th day of October , 2023 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho (°`City") and Neighborhood Housing Services, Inc. dba NeighborWorksO Boise,a nonprofit charitable corporation organized under the laws of the state of Idaho("Subrecipient"). WHEREAS, on November 15, 2022, City and Subrecipient entered into Program Year 2022 Subrecipient Agreement ("PY22 SRA"), a cooperative agreement for the investment of Community Development Block Grant("CDBG") funds; and WHEREAS, Subrecipient requires additional time to complete the activities in the PY22 SRA, and changed circumstances require changes in activities and level of service for which the CDBG funds are provided; NOW,THEREFORE, in consideration of the mutual covenants of the parties,the Parties agree as follows: I. PROVISION MODIFIED—TIME OF PERFORMANCE, Section I.G of the PY21 SRA shall be amended as follows: G. Time of performance. Services of Subrecipient shall start on or after October 1, 2022 and end on September-3^crT0,2023 December 31, 2023. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. II. PROVISION MODIFIED—REIMBURSEMENT RE UESTS. Section II.K.3 shall be amended as follows: 3. Reimbursement requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed one hundred fifty-seven thousand four hundred twenty-three dollars ($157,423). City will not accept or process reimbursement requests prior to City's reception of Congressional Release of Funds; the Community Development Program Coordinator shall notify Subrecipient of such release and the opportunity to submit reimbursement requests. Reimbursement requests for the payment of eligible expenses shall be made against the activity specified, in accordance with performance, and as expenses are incurred by Subrecipient. Reimbursement requests shall only be accepted via the City's online portal and must be completed in full to be processed. Instructions to submit reimbursement requests are located in the Subrecipient Toolbox at hops: meridiancitN.org cdbg . All reimbursement requests are to be submitted as needed in coordination with the Community Development Program Coordinator. Reimbursement requests shall include the following: transaction detail completed for the relevant draw request period, timesheets in compliance with 2 CFR 200.430 (if applicable), and proof of payment by Subrecipient (such as copy of check and bank transaction information showing payment of check, copy of receipt of payment by contractor or subcontractor, and/or other relevant documentation of payment). Reimbursement requests must be submitted within fifteen (15) calendar days from the close of each month of the program year except for the final reimbursement request. Subrecipient's final reimbursement request under this Agreement must FIRST AMENDMENTTO PY22 SUBRECIPIENT AGREEMENT-NWB HOMEOWNER REPAIR PAGE I OF 2 be submitted by Subrecipient no later than OefebeF 30, January 30, 2024 and must include a Closeout Certification form which can be found in the Subrecipient Toolbox at Ineridiancity.org cdbg . Subrecipient shall forfeit reimbursement for any costs not requested within the timeframes set forth in this provision, unless otherwise authorized, in writing, by City. III. ALL OTHER PROVISIONS IN EFFECT. All provisions of the PY22 SRA shall remain in full force and effect except as expressly modified by this First Amendment or other duly executed addenda. No other understanding, whether oral or written, shall be deemed to enlarge, limit or otherwise affect the operation of the PY22 SRA or this First Amendment thereto. IN WITNESS WHEREOF,the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: NeighborWorks Boise Bud ompher, Jr., C Eb Date CITY: City of Meridian Attest: By: Robert E. Simison, Mayor 10-17-2023 Chris Johnson, City Clerk 10-17-2023 FIRST AMENDMENT TO PY22 SUBRECIPIENT AGREEMENT -N WB HOMEOWNER REPAIR PAGE 2 OF 2 FIRST AMENDMENT TO SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND NEIGHBORHOOD HOUSING SERVICES,INC. DBA NEIGHBORWORKSO BOISE FOR PROGRAM YEAR 2021 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This First Amendment is entered into this 17th day of October 1 2023 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City")and Neighborhood Housing Services, Inc. dba NeighborWorks® Boise, a nonprofit charitable corporation organized under the laws of the state of Idaho ("Subrecipient"). WHEREAS, on January 23, 2023, City and Subrecipient entered into Program Year 2021 Subrecipient Agreement("PY21 SRA"), a cooperative agreement for the investment of Community Development Block Grant ("CDBG") funds; and WHEREAS, Subrecipient requires additional time to complete the activities in the PY21 SRA, and changed circumstances require changes in activities and level of service for which the CDBG funds are provided; NOW,THEREFORE, in consideration of the mutual covenants of the parties,the Parties agree as follows: I. PROVISION MODIFIED—GRANT FUNDING. The PY21 SRA shall be amended as follows: WHEREAS, pursuant to the terms of this Agreement, the City hereby provides a subaward of the following grant(s)to Subrecipient: grant no. B-21-MC-16-0006, awarded by HUD on November 3, 2021; grant no. B-22-MC-16-0006, awarded by HUD on October 28, 2022; II. PROVISION MODIFIED—STATEMENT OF WORK. Section I.A. of the PY21 SRA shall be amended as follows: A. Activities. Subrecipient shall use City's subaward of CDBG funds in an amount not to exceed seyewy fwe thousand d81IRFS ($75 """` one hundred fifteen thousand dollars($115,000). Subrecipient will be responsible for administering homeownership assistance to eligible households, in a manner satisfactory to the City and consistent with any standards required as a condition of providing the funds. This project is eligible under(13B) Homeownership Assistance. CDBG Funds will be used to reimburse for administering program, housing assistance costs up to 50 percent of required down payment, costs to subsidize interest and,or mortgage principal amounts, and/or reasonable closing costs. The primary administrative office is located at 3380 W. Americana Terrace, Suite 120, Boise, ID 86706. See Attachment 1 for a map of the service location. III. PROVISION MODIFIED—TIME OF PERFORMANCE. Section I.G of the PY21 SRA shall be amended as follows: G. Time of performance. Services of Subrecipient shall start on or after November 1, 2022 and end on September- September 30, 2024. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. FIRST AMENDMENT TO PY21 SUBRECIPIENT AGREEMENT-NWB HOMEBUYER ASSISTANCE PAGE 1 OF 3 IV. PROVISION MODIFIED—REIMBURSEMENT REQUESTS. Section II.K.3 shall be amended as follows: 3. Reimbursement requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed sev one hundred fifteen thousand dollars ($115,000). City will not accept or process reimbursement requests prior to City's reception of Congressional Release of Funds;the Community Development Program Coordinator shall notify Subrecipient of such release and the opportunity to submit reimbursement requests. Reimbursement requests for the payment of eligible expenses shall be made against the activity specified, in accordance with performance, and as expenses are incurred by Subrecipient. Reimbursement requests shall only be accepted via the City's online portal and must be completed in full to be processed. Instructions to submit reimbursement requests are located in the Subrecipient Toolbox at lmps� meridiancity.on, cdb,, . All reimbursement requests are to be submitted as needed in coordination with the Community Development Program Coordinator. Reimbursement requests shall include the following:transaction detail completed for the relevant draw request period, timesheets in compliance with 2 CFR 200.430 (if applicable), and proof of payment by Subrecipient (such as copy of check and bank transaction information showing payment of check, copy of receipt of payment by contractor or subcontractor, and/or other relevant documentation of payment). Reimbursement requests must be submitted within fifteen (15) calendar days from the close of each month of the program year except for the final reimbursement request. Subrecipient's final reimbursement request under this Agreement must be submitted by Subrecipient no later than OetebeF-34D 2023 October 30,2024 and must include a Closeout Certification form which can be found in the Subrecipient Toolbox at hubs: meridiancity.orb cdbb . Subrecipient shall forfeit reimbursement for any costs not requested within the timeframes set forth in this provision, unless otherwise authorized, in writing, by City. V. PR VISION MODIFIED—BUDGET. Attachment 6 shall be amended as follows: NeighborWorks Boise Homebuyer Assistance Program PY21 Project 152 Direct Assistance Admin Total Award $ 65,000.00 $ 10,000.00 $ 75,000.00 Amendment 1 $ 40,000.00 $ - $ 40,000.00 $ 105,000.00 $ 10,000.00 $ 115,000.00 Draw tt Date Timeframe 1 1/23/2023 Nov-Dec 2022 $ - $ 870.64 $ 870.64 2 2/16/2023 Jan-23 $ - $ 393.51 $ 393.S1 3 3/23/2023 Feb-23 $ 30,000.00 $ 378.60 $ 30,378.60 4 5/17/2023 Mar-23 $ - $ 793.52 $ 793.52 S 8/16/2023 Jul-23 $ 32.60 $ 32.60 6 9/19/2023 Au -23 $ - $ 66.34 $ 66.34 Total $ 30,000.00 $ 2,535.21 $ 32,535.21 Balance $ 75,000.00 $ 7,464.79 $ 82,464.79 FIRST AMENDMENT TO PY21 SUBRECIPIENT AGREEMENT-NWB HOMEBUYER ASSISTANCE PAGE 2 OF 3 VI. ALL OTHER PROVISIONS IN EFFECT. All provisions of the PY21 SRA shall remain in full force and effect except as expressly modified by this First Amendment or other duly executed addenda. No other understanding, whether oral or written, shall be deemed to enlarge, limit or otherwise affect the operation of the PY21 SRA or this First Amendment thereto. IN WITNESS WHEREOF,the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: NeighborWorks Boise Bud Compher, Jr., 00 Date CITY: City of Meridian Attest: By: Robert E. Simison, Mayor 10-17-2023 Chris Johnson, City Clerk 10-17-2023 FIRST AMENDMENT TO PY21 SUBRECIPIENT AGREEMENT-NWB HOMEBUYER ASSISTANCE PAGE 3 OF 3 SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND JESSE TREE OF IDAHO FOR PROGRAM YEAR 2023 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Subrecipient Agreement("Agreement") is entered into this 171h day of OCOd�r, 2023 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho("City") and Jesse Tree, a nonprofit charitable corporation organized under the laws of the state of Idaho ("Subrecipient"). WHEREAS,City is an entitlement community, and as such has applied for, and been granted authority to receive funds from the United States Department of Housing and Urban Development ("HUD") under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, i.e., Community Development Block Grant("CDBG") funds; and WHEREAS,pursuant to the terms of this Agreement, the City hereby provides a subaward of the following grant(s) to Subrecipient: grant no. B-23-MC-16-0006,awarded by HUD on August 11, 2023; WHEREAS,the City wishes to engage Subrecipient by way of this Agreement to assist the City in Utilizing such funds and the CDBG program in a manner compliant with the requirements of 24 CFR Part 570 and 2 CFR Part 200, and all other federal, state, and local laws, statutes, regulations and/or requirements; and WHEREAS, it is acknowledged by the Parties that although Congress has signed an appropriation bill committing the fiords set forth in this Agreement, and HUD has notified City of its apportionment and approved the City's Action Plan, availability of CDBG funds to City, and thus to Subrecipient, is subject to Congressional release of such fiends to HUD and HUD's release of such funds to City; and that City's obligation to provide funding to Subrecipient under this Agreement is provisional, pending the availability of such funds; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. STATEMENT OF WORK A. Activities. Subrecipient shall use City's subaward of CDBG funds in an amount not to exceed thirty-two thousand three hundred fifty four dollars ($32,354). Subrecipient will be responsible for administering emergency rental assistance, in a manner satisfactory to the City and consistent with any standards required as a condition of providing the funds. This project is eligible under(05Q) Subsistence Payments. CDBG Funds will be used to reimburse for rental assistance. The primary administrative office is located at 1 121 W Miller St, Boise, ID 83702. See Attachment 1 for a map of the service location. B. National Objective. Subrecipient certifies that the activities carried out using the City's CDBG funds provided by City under this Agreement will meet one or more of the CDBG program's National Objectives as defined in 24 CFR 570.208(a)(2). C. Level of Service. Subrecipient's activities under this Agreement shall provide at least 50 total Units of Service over the term of this Agreement. For the purposes of this Agreement, "Units PY23 SUBRECIPI1.Nf AGREEMENT- JESSE TREE EMERGENCY Ri NTAI,ASSISTANCE PAGE 1 Or•29 of Service" shall be defined as "Low- to Moderate-Income individuals at Risk of Homelessness." Subrecipient shall verify that the household income of clientele served by City's CDBG funds,as defined in 24 CFR § 5.609, does not exceed the maximum limits as determined by the U.S. Department of Housing and Urban Development. The current income guidelines are located in the Subrecipient Toolbox at littps://meridiancity.org/cdbg/. D. Staffing. Subrecipient agrees that CDBG funds provided under this Agreement will not be Utilized for staffing. E. Special Conditions. 1. Subrecipient understands and agrees that the allocation of CDBG funds may be used to provide services and programs only to City of Meridian residents. If applicable, Subrecipient shall verify that any and all persons who receive funds granted to Subrecipient pursuant to this Agreement ("Client'') a) reside within the city limits of Meridian, Idaho and b) meet the current CDBG income eligibility guidelines. Subrecipient must deem any Client who does not meet the above requirements to be ineligible to receive CDBG funds and shall suspend use of federal funds for the Client. 2. Subrecipient certifies that Subrecipient is in compliance with all applicable Fair Housing Laws, Section 504 of the Rehabilitation Act, and Americans with Disabilities Act requirements. 3. City reserves the right to make unannounced visits to Subrecipient's location in order to verify compliance with all program requirements. 4. If applicable, Subrecipient may utilize HUD's Income Calculator at littps:Hwww.hudexcliange.info/incomecalculator/ to determine annual household income of any or all Clients based on CDBG criteria. F. Time of performance. Services of Subrecipient shall start on or after October 1, 2023 and end on September 30, 2024. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. 11. SUBIZECIPIENT'S ADMINISTRATIVE REQUIREMENTS A. General Compliance. Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) including subpart K of these regulations,except that (1) Subrecipient does not assume the City's environmental responsibilities described in 24 CFR 570.604 and (2) Subrecipient does not assume the City's responsibility for initiating the review process under the provisions of 24 CFR Part 52, and all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this Agreement. A copy of the Environmental Review Record is included as Attachment 5. 11Y23 Sunj1 i Cll'II:N"I' \( RIiGhIIiN"I'— .Wssi;Titr.i:EMIiRol:Nc),RIiN I Al.AssISTANC(i PAGIi 2 01:29 B. Uniform administrative requirements. Subrecipient shall comply with applicable uniform administrative requirements,as described in 24 CFR § 570.502. C. Performance monitoring. City will monitor the performance of Subrecipient against goals and performance measures as set forth herein. Performance monitoring shall include City's review of Subrecipient's submitted documents for accuracy and completion, as well as a risk analysis that will determine if the City will conduct a desk review and/or an on-site visit from City's Community Development Program Coordinator to review the completeness and accuracy of records maintained. A copy of the risk analysis is included as Attachment 2. Substandard performance as determined by City shall constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within fourteen days (14) after being notified by City, City shall initiate termination procedures. Additionally, Subrecipient will be allowed no more than three noncompliance performance standards throughout the contract.Noncompliance includes, but is not limited to: missing a deadline, providing inaccurate monthly data, delinquent progress report submission, and/or not providing correct supporting documentation. The first occurrence will result in a warning; the second a formal letter of noncompliance; and the third will result in a formal letter notifying Subrecipient that Subrecipient is not eligible to request funding for the following grant cycle. City may share Subrecipient performance and monitoring results with other local CDBG grantees and/or agencies who are providing funding to Subrecipient. D. Budget. Subrecipient shall adhere to the budget included as Attachment 6. Subrecipient shall obtain written approval from City prior to any change in use of funds. E. Progress Reports. Subrecipient shall submit progress reports monthly via the City's online portal. Instructions on submitting progress reports are located in the Subrecipient Toolbox at https://meridiancity.org/cdbg/. Progress reports will be due 15 days after the last day of the reporting period. If progress reports are delinquent, reimbursement requests will not be processed until the delinquency is cured. Subrecipient must timely submit progress reports even if no activities are conducted within the reporting period. F. Supplementation of other funds. Subrecipient agrees to utilize funds available under this Agreement to supplement, rather than supplant, funds otherwise available. G. Client Data. If applicable, subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: client name, address, income level or other basis for determining eligibility, race, ethnicity, and description of service provided. Such information shall be made available for review upon City's request. Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of City or Subrecipient's responsibilities under this Agreement, is prohibited by the Financial Privacy Act unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. PY23 SUBRLCII'i NT AGREEMENT— JL•SSE TREE EMERGENCY RENTAL,ASs[STANCG PAGE 3 or 29 H. Closeout. Subrecipient's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include,but shall not be limited to: making final payments, submitting final report(s), disposing of program assets (including the return of all unused materials, equipment,unspent cash advances,program income balances, and accounts receivable to City),and determining the custodianship of records. Notwithstanding the foregoing,the terms of this Agreement shall remain in effect during any period that Subrecipient has control over CDBG finds, including program income. I. Audits and inspections. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to City, HUD or its agent, or other authorized federal officials, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. Any deficiencies noted in audit reports must be fully repaired by Subrecipient within thirty (30) days after receipt of such report by Subrecipient. Failure of Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Subrecipient shall comply with 2 CFR§ 200.501, which requires that all non- Federal entities that expend$750,000 or more in Federal awards, in one year, have a single or program-specific audit. If the threshold is not met f'or a single or program audit, Subrecipient will provide a certified financial statement. J. Suspension and Debarment. Pursuant to 2 CFR Part 180 and 2 CFR Part 200, Appendix II, section(H), Subrecipient is prohibited from contracting with any party that is suspended or debarred, i.e., listed on the governmentwide exclusions in the System for Award Management. K. Payment Procedures. 1. Indirect Costs. The City will only reimburse Subrecipient for indirect costs that comply with 2 CFR 200, subpart E and have been previously approved, in writing, by the Community Development Program Coordinator. 2. Payment Procedures. City will pay to Subrecipient finds available under this Agreement based upon information submitted by Subrecipient and consistent with any approved budget and City policy concerning payments. With the exception of certain advances,payments will be made f'or eligible expenses actually incurred by Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by City in accordance with advance find and program income balances available in Subrecipient's accounts. In addition, City reserves the right to liquidate finds available under this Agreement for costs incurred by City on behalf of Subrecipient. 3. Reimbursement requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed thirty-two thousand three hundred fifty four dollars ($32,354) City will not accept or process reimbursement requests prior to City's reception of Congressional Release of Funds; the Community Development Program Coordinator shall notify Subrecipient of such release and the opportunity to submit reimbursement requests. Reimbursement requests for the payment of eligible expenses shall be made against the activity specified, in accordance with performance, and as expenses are incurred by Subrecipient. Reimbursement requests shall only be accepted via the City's online portal and must be completed in full to be processed. Instructions to PY23 SlJBIZECIPII;N'f A(iRl?EMI;Nl'— k1 ,sS1 TIZI I EMER(iLNCY RENTAL ASS[STANCI PAGE 4 OP 29 Submit reimbursement requests are located in the Subrecipient Toolbox at littps:/hneridiancity.org/cdbg/. All reimbursement requests are to be submitted as needed in coordination with the Community Development Program Coordinator. Reimbursement requests sliall include the following: transaction detail completed for the relevant draw request period, timesheets in compliance with 2 CFR 200.430 (if applicable), and proof of payment by Subrecipient (such as copy of receipt of payment and/or other relevant documentation of payment). Reimbursement requests must be submitted within fifteen (15) calendar days from the close of each month of the program year except for the final reimbursement request. City will process reimbursement requests once per month. Subrecipient's final reimbursement request under this Agreement must be submitted by Subrecipient no later than October 30, 2024 and must include a Closeout Certification form which can be found in the Subrecipient Toolbox at littps:Hmeridiancity.org/cdbg/. Subrecipient shall forfeit reimbursement for any costs not requested within the timeframes set forth in this provision, unless otherwise authorized, in writing, by City. a. Reversion of assets to City. Pursuant to 24 CFR § 570.503(b)(7), upon expiration or termination of this Agreement, Subrecipient shall transfer to City any and all CDBG funds on hand at the tine of expiration and any and all accounts receivable attributable to the Use of CDBG funds. b. Unique entity identifier. Subrecipient shall comply with requirements established by the U.S. General Services Administration concerning the Unique Entity Identifier, the System for Award Management("SAM")and, per 2 CFR § 170.320, the Federal Funding Accountability and Transparency Act, including Appendix A to 2 CFR part 25. L. Documentation required prior to real estate transactions. Where City's CDBG finds are used for real estate acquisition,as early as practicable, and not less than two (2) weeks prior to the completion of each transaction, Subrecipient shall provide the address of real property under consideration to City for floodplain and related environmental review. Failure to provide the address of the housing unit under consideration in advance of the anticipated close date may result in added expenses for the beneficiary or Subrecipient, or refusal of reimbursement by City. Subrecipient shall maintain real property inventory records that clearly identify properties purchased, improved, rented,or sold. M. Housing Affordability. Where the City's CDBG funds are used for homeownership assistance, the housing must qualify as affordable per Section 215 of the National Affordable Housing Act. N. National Objectives met for five (5) years. Pursuant to 24 CFR § 570.503(b)(7)(i), real property that is acquired or improved, in whole or in part, with funds under this Agreement in excess of$25,000 sliall be used to meet one of the CDBG National Objectives until five (5) years after expiration of this Agreement. If the use of the CDBG-assisted real property fails to meet a CDBG National Objective for this prescribed period of time, Subrecipient sliall pay City an amount equal to the current market value of the property, less any portion of the value attributed to expenditures of non-CDBG funds for acquisition of or improvement to the property. Such payment shall constitute program income to City. Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period. PY23 SUBREC[PlEN I AGRETAII.NT- JESSE TREE BtriwENCY RrNrA[,ASSISTANCE PAGE 5 or 29 O. Compliance with procurement policies. Subrecipient shall comply with current Federal, State,and City policies concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with finds provided hereunder. P. Sale of equipment. In all cases in which equipment acquired in whole or in part with funds under this Agreement is sold, the proceeds shall be program income,prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment. Equipment purchased with fiends received under this Agreement but not needed by Subrecipient for activities under this Agreement shall be(a)transferred to City for the CDBG program or(b)retained after compensating City an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment. Q. Program income. 1. Remittance at end of program year. Pursuant to 24 CFR§ 570.503(b)(3) and Pursuant to 24 CFR§ 570.504(c),at the end of the program year,the City may require remittance of all or part of any program income balances, including investments thereof, held by Subrecipient, except those needed for immediate cash needs,cash balances of a revolving loan find, cash balances from a lump sum drawdown, or cash or investments held for section 108 security needs. 2. Recording program income. Pursuant to 24 CFR § 570.504(a),the receipt and expenditure of program income shall be recorded as part of the financial transactions of the grant program. 3. Disposition if received before closeout. Pursuant to 24 CFR § 570.504(b)(1), program income received before grant closeout may be retained by the recipient if the income is treated as additional CDBG funds subject to all applicable requirements governing the use of CDBG finds, and will be subject to all provisions of Pursuant to 24 CFR §§ 570,504(b) and(c), both prior to and upon closeout. R. Records and reports. 1. Records to be maintained. In addition to specific records mentioned in this Agreement, Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including, but not limited to, those required by the Federal regulations specified in 2 CFR § 200.302(b) and 24 CFR§ 570.506, including: a. Full descriptions and records of each activity undertaken; b. Records related to activities meeting the National Objectives; c. Records required to determine the eligibility of activities for CDBG funding; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG Program; f. Financial records, as required by 570.506(h); g. Other records necessary to document compliance with 24 CFR Part 570, Subpart It; h. Identification of CDBG funds received and expended and the Federal programs under which they were received, including Federal award identification number and year and PY23 SUBRFUPIL•NT AGRI I:NII;NT- JESSE TRET..EMERGLNCY RiiMrAI,ASSISTANCE PAGI 6 OP 29 name of the pass-through entity(City of Meridian); i. Records that identify adequately the application of CDBG fiends, including information pertaining to Federal awards, authorizations, financial obligations, unobligated balances,assets, expenditures, income and interest; such records shall be supported by source documentation; j. Comparison of expenditures with budget amounts for each Federal award. k. Written procedures to implement the requirements of 2 CFR§ 200.305; and 1. Written procedures for determining the allowability of costs in accordance with subpart E of this part and the terms and conditions of the Federal award. 2. Records retention. Subrecipient shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement, defined as the date of the submission of City's final annual perfonnance and evaluation report to HUD. Records for non-expendable property acquired with fiends under this Agreement shall be retained for five (5) years after final disposition of such property. If,prior to the expiration of the five-year period, any litigation,claims,audits, negotiations or other actions begin that involve any of the records cited, such records shall be retained until completion of the actions and resolutions of all issues, or the expiration of the five-year period,whichever occurs later. III. EMPLOYMENT AND LABOR CONDITION REQUIREMENTS A. Equal Employment Opportunity. Per 2 CFR Part 200, Appendix II, section (C) and 41 CFR § 60-1.4(b), the equal opportunity clause set forth in 41 CFR § 60-1.4(b) is incorporated herein by reference, and shall apply as though set forth fully herein. B. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1974, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, Executive Order 11246 as amended by Executive Orders 11375 and 12086, and 24 CFR §§ 570.601 and 570.602. Subrecipient, in undertaking its obligation to carry out the program assisted hereunder,agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. C. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws,regulations, and executive orders referenced in 24 CFR § 570.607. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act of 1974 (24 CFR § 6) are also applicable. Subrecipient will not discriminate against any employee or applicant for employment or services because of race,color, creed, religion, ancestry, national origin, sex, disability or other handicap,age, marital status or status with regard to public assistance. Subrecipient will take affirmative action to ensure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. D. ADA Section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 701 et seq.), which PY21 SUBIUVIPIENT AGREEMENT— JESSE TREE ENiERGENCY RGNTAL ASs[S I'ANCL PAGE,7 OF 29 prohibits discrimination against the handicapped in any federally assisted activities. City shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. E. Small,Women-and Minority-Owned Businesses. Per 2 CFR § 200.321, Subrecipient must take all necessary affirmative steps to assure that small businesses,minority businesses, women's business enterprises, and labor surplus area firms are used when possible F. Affirmative Action. Subrecipient agrees that it shall be committed to carry out pursuant to City's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of fiends if applicable. G. Notice to workers. Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. H. Solicitations for employment. Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. I. Drug Free Workplace. Subrecipient certifies it is in compliance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701)which requires grantees(including individuals) of federal agencies, as a prior condition of being awarded a grant,to certify that they will provide drugfree workplaces. Each potential recipient must certify that it will comply with drugfree workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F. J. Faith-based organizations. Pursuant to 24 CFR § 570.200(j), if Subrecipient is a faith-based organization,Subrecipient agrees to expend fiends provided under this Agreement in accordance with 24 CFR § 5.109. K. Labor standards. Per 2 CFR Part 200,Appendix II, section(D), Subrecipient agrees to comply with all applicable requirements of the Secretary of Labor in accordance with the Davis-Bacon Act(40 U.S.C. §§ 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations(29 CFR Part 5) as amended. In accordance with the statute, Subrecipient or Subrecipient's subcontractor must pay wages to laborers and mechanics at a rate not less than the prevailing wages as specified in a wage determination made by the Secretary of Labor. In addition, Subrecipient or Subrecipient's subcontractor must be required to pay wages not less than once a week. Subrecipient must include a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. Further,the provisions of Agreement Work Hours and Safety Standards Act; the Copeland "Anti-Kickback"Act(40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3), under which Subrecipient or Subrecipient's subcontractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. PY23 SCJBItECl['ll;N,r AGIZI r:hirN'r— Jr-.SsE TIZEG Etin.►icENCY Rr;N-rAi,ASSiS"rANcr: PAGE 8 Or 29 Subrecipient further acknowledges and agrees that all contractors engaged under contracts in excess of$2,000.00 for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with Federal requirements pertaining to such Agreements and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers;provided,that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Subrecipient or its subcontractors of its obligation, if any, to require payment of the higher wage. Per 2 CFR Part 200, Appendix II, section (E),the Contract Work Hours and Safety Standards Act(40 U.S.C. §§3701-3708)applies to contracts in excess of$100,000. L. Conflicts of interest; nepotism. Subrecipient agrees to abide by the provisions of 24 CFR § 570.611. Further, no person who exercises or has exercised any function or responsibility with respect to CDBG-assisted activities,or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in activities funded under this Agreement,or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one(1) year thereafter. M. Rights to Inventions.Per 2 CFR Part 200,Appendix II, section (F), if Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work , Subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. N. Lobbying; political activities. Subrecipient hereby certifies that: No Federal appropriated finds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal agreement, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement,and the extension, continuation,renewal,amendment,or modification of any Federal agreement,grant, loan,or cooperative agreement; If any finds other than Federal appropriated funds have been paid or will be paid to any person for influencing attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, `'Disclosure Form to Report Lobbying," in accordance with its instructions; Subrecipient will require that the following language be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly: PY23 SUARF.CIPIF.NI'AGRUMENC- JFSSF.TRF.F.ENIF.RGENCY RENTAL ASSISTANCE PAGF 9 Or 29 "This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not let less than$10,000 and not more than$100,000 for each such failure." The foregoing certification is a material representation of fact upon which reliance is placed by City. Per 31 U.S.C. § 1352 and 2 CFR Part 200,Appendix II,section(I), submission of this certification may be a prerequisite for making or entering into this transaction. Subrecipient further agrees that no funds provided,nor personnel employed under this Agreement, shall be in any way or to any extent engage in the conduct of political activities in violation of the Hatch Act(Title V, Chapter 15, U.S.C.). O. Section 3 of the Housing and Urban Development Act of 1968. 1. Compliance. Compliance with Section 3 of the Housing and Urban Development Act of 1968,as amended(12 U.S.C. § 1701)("Section 3"),the regulations set forth in 24 CFR Part 75, Subpart C, and all applicable rules and orders issued thereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and shall be binding upon City and any contractors and/or subcontractors. Section 3 will apply to a project if there is over$200,000 of HUD housing and community development financial assistance to the project(or $100,000 of Lead Hazard or Healthy Homes funding). Failure to fulfill these requirements shall subject City, Subrecipient and any of Subrecipient's contractors and subcontractors,their successors and assigns,to those sanctions specified by the Agreement through which Federal assistance is provided. Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. 2. Subcontract language. Subrecipient further agrees to include the CDBG Supplemental General Conditions in all applicable subcontracts executed under this Agreement. The CDBG Supplemental Conditions can be found in Attachment 7 (if applicable) and includes the Section 3 requirements located at 24 CFR § 75.19(b). P. Build America,Buy America Act. Subrecipient must comply with the requirements of the Build America, Buy America (BABA) Act,41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Subrecipient's infrastructure project. Pursuant to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance" (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver. IV. ENVIRONMENTAL CONDITIONS No funds will be released until City conducts an environmental assessment and makes a determination of"No Significant Impact" in compliance with 24 CFR Part 58 and other federal, state, and local laws and regulations. If applicable, the City will issue a Notice to Proceed once the environmental review is completed and is accepted by the City and/or HUD. PY23 SUBRLCIPIEN r AGREE-AIM r— JEssi TREE ENILRGENcy RENTAL ASSISTANCE PAGE 10 Or 29 A. Air and Water. Subrecipient specifically agrees to comply with the following regulations insofar as they apply to the performance of this Agreement: 1. Clean Air Act, 42 U.S.C. §§ 7401, et seq. and 2 CFR Part 200, Appendix II, section(G). 2. Federal Water Pollution Control Act,as amended, 33 U.S.C. §§ 1251, et seq., relating to inspection, monitoring,entry reports,and information, as well as other requirements specified in said Act, and all regulations and guidelines issued thereunder. 3. Environmental Protection Agency(EPA) regulations pursuant to 40 C.F.R. Part 50. B. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001), Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained,and shall assure compliance with Title 10, Chapter 6, Meridian City Code, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead-Based Paint. Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations, 24 CFR Part 35, implementing Title X of the Housing and Community Development Act of 1992. These regulations revise the CDBG lead based paint requirements under 24 CFR § 570.608. Such regulations pertain to all CDBG-assisted housing and require that all owners,prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood level screening for children under seven. The notice must also point out that if lead-based paint is found on the property,abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal fiends applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended(16 U.S.C. § 470)and the procedures set forth in 36 CFR Part 800, Advisor Council on Historic Preservation Procedures for Protection of Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years or older or that are included on a Federal,state or local historic property list. E. Endangered Species. Subrecipient agrees to comply with the provisions outlined in the Endangered Species Act of 1973, as amended, for the preservation and protection of endangered species.This obligation mandates that the Subrecipient takes all necessary measures to prevent any actions that could jeopardize the continued survival of species listed under the Act and to refrain from causing harm or alteration to their critical habitats. Additionally,the Subrecipient is obliged to adhere to proper waste management practices, ensuring that waste materials are either recycled or disposed of in an environmentally responsible manner, using EPA-approved sanitary or hazardous waste disposal facilities. PY23 SUBRECIPIENT AGREFNIENT— JESSE TREE EMERGENCY RENTAL ASSISTANCE PAGE 11 Or•29 F. Noise Abatement and Control. Subrecipient agree to comply with the guidelines outlined in the Noise Control Act of 1972,as well as the relevant directives provided by the General Services Administration Federal Management Circular 75-2, titled "Compatible Land Uses at Federal Airfields," and Title 24 CFR 51 Subpart B to mitigate excessive noise exposure, particularly in residential areas. For the rehabilitation of existing residential properties,the Subrecipient will enhance the building envelope f'or any components they address. Strategies may include the installation of improved windows and doors, reinforced sheathing, insulation, and sealing gaps, among other measures. V. GENERAL CONDITIONS A. Appropriation. It is acknowledged by the Parties that although Congress has signed an appropriation bill committing the fiends set forth in this Agreement, and HUD has notified City of its apportionment and approved the City's Action Plan, availability of CDBG funds to City, and thus to Subrecipient, is subject to Congressional release of such funds to HUD and HUD's release of such funds to City. Unless and until HUD releases the funds, City shall have no contractual, legal,or equitable obligation to Subrecipient. In the event that CDBG funds are not made available to City, whether by Congress or by HUD, this Agreement shall be void, and City shall have no obligation to Subrecipient,whether under this Agreement or under any legal or equitable claim. B. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when emailed,personally served, or mailed in the United States mail, addressed as follows: If to City: If to Subrecipient: City of Meridian Ali Rabe, Executive Director Attn: Crystal Campbell, Community Jesse Tree of Idaho Development Program Coordinator 1121 W Miller St 33 E. Broadway Avenue Boise, ID 83702 Meridian, Idaho 83642 ali@jessetreeidaho.org campbell@meridiancity.org Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. C. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning CDBG funds, including, but not limited to, 24 CFR Part 570 and subpart K of such regulations. Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the fiends provided under this Agreement, except that: (1) Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR § 570.604;and(2) Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 58. D. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Subrecipient shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement. City shall provide no benefits or insurance coverage whatsoever to Subrecipient and/or to its agents. PY23 SUBRL•CIPIENT A(;RI;IiM ENT— hssFE TREE EMERGENCY RENTAL,ASSISTANCEPAGE 12 OP 29 E. Indemnity. Subrecipient, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in Subrecipient's programming, shall hold harmless,defend and indemnify City from and for all such losses, claims, actions, and/or judgments for damages or injury to persons or property and/or losses and expenses caused or incurred by Subrecipient and/or its employees, agents, contractors, officials, officers, servants, guests,and/or invitees, and participants in its programming, and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by Subrecipient and/or Subrecipient's employees,agents, contractors, subcontractors,officials,officers,servants,guests, invitees,participants,and/or volunteers and resulting in and/or attributable to personal injury, death, and/or damage and/or destruction to tangible or intangible property. F. Workers' Compensation. Subrecipient shall maintain workers' compensation insurance coverage, in the amount required by Idaho law, for all employees involved in the performance of this Agreement. G. Insurance. Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage. At a minimum, Subrecipient must provide the equivalent insurance coverage for real property and equipment acquired or improved with CDBG finds as provided to property owned by the non-Federal entity. For construction or facility improvement contracts or subcontracts exceeding the simplified acquisition threshold as defined in 41 U.S.C. 134 and Appendix II, section (A), Subrecipient must comply with bonding requirements set forth in 2 CFR § 200.325. H. Grantee Recognition. Subrecipient shall ensure recognition of the role of the City in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to finding source. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with fiends made available under this Agreement. I. Amendments. The parties hereto may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each party, and approved by City's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release either party from its obligations under this Agreement. City may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available finding amounts, or for other reasons. If such amendments result in a change in the finding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both parties. J. Termination (see 2 CFR Part 200, Appendix II,section (B)). 1. Termination for convenience. Eitherparty may terminate this Agreement by, at least thirty(30) days before the effective date of such termination,giving written notice to the other party of such termination and specifying the effective date thereof. 2. Termination for cause. Termination of this Agreement, in whole or in part, may occur for cause, which shall include,but shall not be limited to, the following: PY23 SUBRECIPI ENT AGREEMENT— JESSE TREE EMERGENCY RENTAL Ass[STANCE PAGE:13 Or 29 a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders,and HUD guidelines,policies or directives as may become applicable at any time; b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; c. Ineffective or improper use of funds provided under this Agreement; or d. Submission of reports that are incorrect or incomplete in any material respect. Either Party may terminate this Agreement for cause by providing written notice to the other of the basis of termination. The defaulting Party shall have fourteen (14) days to cure the deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time period,the other Party shall terminate this Agreement for cause. In addition to termination of this Agreement and/or any other remedies as provided by law, City may declare Subrecipient ineligible for any further participation in City CDBG programming. 3. Work completed. In the event of any termination, all finished or unfinished documents, data, studies, surveys, maps, models, drawings,photographs, reports, and/or other materials that are the property of and prepared by Subrecipient under this Agreement shall become the property of City, and Subrecipient shall provide same within seven (7) days of City's demand therefor. Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. K. Assignment. Subrecipient shall not assign or transfer any interest in this agreement without prior written consent of City; provided, however, that claims for money due or to become due to Subrecipient from City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any assignment or transfer shall be furnished promptly to City. L. Subcontractors. 1. City must approve. Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of City. All subcontracts entered into in the performance of this Agreement shall be awarded pursuant to any applicable provisions of the City Purchasing Policy and/or local, state, or federal laws. 2. Monitoring. Subrecipient shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by City, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 3. Subcontract content. Subrecipient shall cause all provisions of this Agreement in their entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. Specifically,without limitation, Subrecipient shall include the provisions of this Agreement regarding Civil Rights and Affirmative Action in every PY23 Sll[3RGCIl'l1 N'I'AGR[?G(vlliN'f- JESSE TKEE ENIEiIZGIiNCY RGN'fAL ASSIS'FANCI; PAGE; 14 OF 29 subcontract or purchase order, specifically or by reference, to ensure that such provisions will be binding upon all subcontractors. 4. Documentation. Executed copies of all subcontracts shall be forwarded to City along with documentation concerning the selection process. M. Relocation, real property acquisition,and one-for-one housing replacement. Subrecipient agrees specifically, without limitation,to comply with: 1. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); 2. The requirements of 24 CFR 570.606(c)governing the Residential Anti-displacement and Relocation Assistance Plan under 24 CFR part 42,subpart B; and 3. The requirements in 24 CFR 570.606(d)governing optional relocation policies. Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition,rehabilitation,demolition or conversion for a CDBG-assisted project. N. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. O. Severability. If any provision of this Agreement is held to be invalid,the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. P. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written,whether previous to the execution hereof or contemporaneous herewith. Q. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. R. Attachments. All attachments and/or exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. S. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and Subrecipient. PY23 SUBUCIYIFNT AGRF.FNIENT- 7ESSF,TREE EMERGENCY RFNTAL ASSISTANCE PAGE 15 Or 29 IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: Jesse Tree of Idaho Ali Rabe, Executive Director Date CITY: City of Meridian Attest: By: Robert E. Simison, Mayor 10-17-2023 Chris Johnson, City Clerk 10-17-2023 PY23 Sl mu-: IPI1WI A(i zr—i-. :N I — JLSSF TRET ENIHMENCY REN I M,ASSIS'I'ANCI. PAU-: 16 Or 29 Attachment 1: Location of Service Area Legend • �• CHINDEN— ' W t OL' 1 � ■ 6 I z H 1 ■ s MCMILLAN d z w a • __ o a I � a ♦'s a tea.• I urncK-� • ., I' lCHERRY J—FAIRVIEW-4 X Ef + PINE � FRANKLIN--z �'-- Y } Q OVERLAND----r--- + a � Y � VICTORY I ■ rt ■ a � • i LAKE HAZEL . , Meri • _ TToe mfortnanon shown on Qn s map is conpYed hml venous saaces ana.s sscyelx m mnsant re+,�oa_lAeOty of A�mdan 7 makes no wa rranty or guarantee as ro ele cantere.acwac7,v,rar�a m„pace.e<a n4YryoPsae Caa pmamtl_.�e • , aa6umea no iega�reaports�bday br Ufe rlbrmemoncontaned m lfts map • - PY23 S(miwCIPIEN['AGRI EMI Nf- dESSE TREE EMI?KGENCY RENTAL ASSISTANCE PAGE 17 Or 29 Attachment 2: Risk Analysis Factor Low Risk (1 point) Med Risk (3 High Risk points) points) Type of Contract 3 Med Risk= Housing/Public Services Low Risk= Public Facilities/Infrastructure/Planning Contract Amount 1 High Risk = $80000+ Med Risk= $45000 -$79999 Low Risk= $0 - $44999 Experience with Meridian CDBG 1 Med Risk = No Low Risk=Yes New Activity for Subrecipient 1 High Risk=Yes Low Risk= No Number of Clients Served 3 Med Risk= More than 50 Low Risk = Less than 50 Admin Expenses 1 High Risk = More than 20%of budget OR Staff Costs for Homeowner Repair more than 50% Low Risk= 20% of budget or less Key Organizational Change 1 High Risk= Executive Director/Financial Manager/Program Manager Med Risk= Other Key Staff Low Risk = None Systems Change 1 Med Risk= Major Low Risk = Minor/None Program Delays 1 Med Risk = CDBG Program did not begin on schedule/New Program Low Risk = CDBG Program began on schedule Progress Reports I Med Risk= History of reports submitted late (25% or more late)/New Program Low Risk = History of reports submitted on time (more than 75%) PY23 SUI3 MUNINr A(;ii+%i1:N l'— JESSI'.T1,Fk EMIshUIiN(')' R1%N l'AI.ASSIS I'i\NCIi Pmii: I3 Or 29 Met Goals in Previous Years 1 Med Risk= No/New Program Low Risk = Yes/Met at least 75% Financial Audit 1 High Risk =Audit with moderate to serious findings/No audit although required Low Risk = Audit with no/minor findings Last Monitoring Visit 1 High Risk = New Program/Not Renewed Med Risk= 2+years Low Risk = Less than 2 years _ Corrective Action (Any Monitoring) l High Risk = Current Major Findings(e.g. would affect services/clients/financial concern) Med Risk= New Program/Current Concerns (e.g. require action but no serious impact) Low Risk= No Findings or Concerns 12 6 0 Risk Score 18 Level of Risk Low Risk (up to 25 points) Comments Level of Risk Definitions Low Risk<25 points Project requires a minimal amount of monitoring. Activities under this category will be monitored primarily via internal desk monitoring procedures on an annual basis, unless situations dictate otherwise. On-site monitoring will generally take place at least every two years. Medium Risk 26-35 points Projects will be monitored via internal bi-annual desk monitoring's and on-site monitoring no less than every two years.The on-site monitoring review will be conducted preferably within the first six months of the chosen program year. Based upon the results of the monitoring visit, staff will determine the need for and frequency of additional technical assistance visits and/or on-site PY23 SUBRKIPIFNT AGREEN1EN C— JEssE-TREE ENIERGLNCY RENTAL ASSISTANCE PAGE. 19 0E 29 compliance reviews.These activities will generally be monitored after high priority activities have been adequately addressed. High Risk 36+points Projects will receive priority for monitoring. High priority activities will generally be monitored annually within the first 6 months of the program year. High-risk subrecipients may also be required to submit additional documentation as needed to allow for closer evaluation of the project through desk monitoring. CDBG Program Coordinator: Crystal camplrel,L Electronically signed by ccampbell@meridiancity.org on 912612023 5:56 PM Date Signed: 09/26/2023 Supervisor: Da+iiel,TO -v-ek Electronically signed by dtorres@meridioncity.org on 912712023 8:13 AM Date Signed: 09/27/2023 I'1'23 SuiwrCIPII:N r URI:FMII:N I — Anssr'Nisr EMI:1,61:NCY RIN r,\I,Assisi/\NCI[ I'm&20 Or 29 Attachment 3: Signing Authority Complete the form to designate signing authority. --r Subrecipient Name: V e SSe Tf-eL Project Name: Cw`e en C, LI Program Year: moo'3'Zy Start Date: _I 0 End Date: 30 2 Ll C—U c LA�yN o CC Gk'�-� Name Title �j Authorized to sign for(check all that V`1 / apply): Identifying Signature .Financial Contractual Name Title Authorized to sign for(check all that apPly) Identifying Signature `-' Financial Contractual Name Title Authorized to sign for(check all that apply): Identifying Signature O Financial O Contractual Signing authority for the above individuals is authorized by: ,4 C Y-Cu + Ve -D r� C Name Title cu, /'►�-- I o 13 w Z-3 Signature bate PY23 SUI3RECIPIENC AGREENILN"I- JESSE TREE EMERGENCY R15N'CAL ASSISTANCE PAGE 21 OI'29 Attachment 4: Federal Certifications The following are required as referenced below. Subrecipient Name: e' Project Name: h^�- C n L �e ��� 's6), +- kr� �e Program Year: 2,oZ� ��� Start Date:I O I L3 End Date: 9 0 2 Subrecipient maintains a policy for and complies with the following: Yes No N/A Policy ❑ ❑ ADA/Section 504 [29 U.S.C. § 701] ❑ ❑ Confidentiality [2 CFR § 200.303(e)] ❑ ❑ Conflict of Interest [2 CFR § 200.318(c)(1); 24 CFR § 570.611] ❑ ❑ Drug Free Workplace [24 CFR part 24, subpart F] 'J9 ❑ ❑ Equal Employment Opportunity [2 CFR Part 200; 41 CFR § 60-1. 4(b)] ❑ ❑ Fair Housing [Fair Housing Act] (if applicable) ❑ ❑ Nondiscrimination [24 CFR § 570.607] ❑ ❑ Procurement [2 CFR § 200.318(a)] (if applicable) IS Subrecipient a nonprofit entity?&es ❑No Per 2 CFR § 200.415 major nonprofit organizationslare ineligible for this funding. If the ages �isa nonprofit, please select one of the following: Organization is not a major nonprofit organization. ❑ Organization is a major nonprofit organization. By signing this forth, I certify the above is true and correct to the best of my knowledge. A\ � �x e ���� � M(J)-r- Na e Title � � 23 Signature bate A major nonprofit organization is defined in j 200.41 1(a)as an organization receivin-more than $10 million in direct federal funding. 11123 Suiwu'IPII:NI M;iu mEN I — 11:ss1:Tizri:E( i:mil:NCl,RFN'I'AL AssIS I ANCE 11,m&22 Or 29 Attachment 5: Environmental Review Environmental Review for Activity/Project that is Exempt or Categorically Excluded Not Subject to Section 58.5 Pursuant to 24 CFR 58.34(a) and 58.35(b) Protect Information Project Name: Jesse-Tree-Emergency-Rental-Assistancy-PY22-26 HERDS Number: 900000010284403 Responsible Entity(RE): MERIDIAN, 33 E Idaho Ave Meridian ID, 83642 State/ Local Identifier: RE Preparer: Crystal Campbell Grant Recipient(if different than Responsible Entity): Point of Contact: Consultant (if applicable): Point of Contact: Project Location: 1121 W Miller St, Boise, ID 83702 Additional Location Information: N/A Description of the Proposed Project [24 CFR 50.12&58.32; 40 CFR 1508.25]: The Jesse Tree provides emergency rental assistance for eligible applicants who are at risk of being evicted in Meridian. Services will be provided at Jesse Tree and in the community as necessary.The City anticipates using$20,000 to $50,000 of CDBG funding per year during each of the remaining years in the 2022-2026 Consolidated Plan. This Environmental Review will cover that span. CDBG funds will be used to assist an estimated 75 households remain in housing over the next three years.The Jesse Tree screens potential participants throughout the year, but availability of funding is dependent on a competitive annual application and the congressional release of funding. Level of Environmental Review Determination Activity/ Project is Exempt per 24 CFR 58.34(a): 58.34(a)(4) Signature Page JT ER sig.pdf PY23 SUBRECIPIENf AGREEMENT— JESSE TItEE E oE'RGENCI'RENTAL ASSISTANCE PAGE 23 OF 29 Funding Information Grant/ Project HUD Program Program Name Identification Number Community Planning and Community Development Block Grants 146 Development (CPD) (CDBG)(Entitlement) Estimated Total HUD Funded,Assisted $150,000.00 or Insured Amount: Estimated Total Project Cost [24 CFR 58.2 (a)(5)]: $150,000.00 Compliance with 24 CFR§50.4& §58.6 Laws and Authorities Compliance Factors: Are formal Compliance determination Statutes, Executive Orders,and compliance steps (See Appendix A for source Regulations listed at 24 CFR§50.4& or mitigation determinations) §58.6 required? STATUTES, EXECUTIVE ORDERS,AND REGULATIONS LISTED AT 24 CFR §50.4&§ 58.6 Airport Runway Clear Zones and Clear Zones 24 CFR part 51 ❑ Yes 0 No Coastal Barrier Resources Act Coastal Barrier Resources Act, as This project is located in a state that amended by the Coastal Barrier does not contain CBRS units. Therefore, Improvement Act of 1990 [16 USC this project is in compliance with the 3501) ❑ Yes 0 No Coastal Barrier Resources Act. Flood Insurance Based on the project description the Flood Disaster Protection Act of project includes no activities that would 1973 and National Flood Insurance require further evaluation under this Reform Act of 1994 [42 USC 4001- section.The project does not require 4128 and 42 USC 5154a] flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP).The project is in compliance with Flood Insurance ❑ Yes 0 No requirements. PY23 SUI3RECIPIEN'F AGR1TN-113N'F- )I SSN TRlili ENIERGENCY RrN I'AL ASSISTANCE PAGE.24 OF 29 Mitigation Measures and Conditions [CFR 40 1505.2(c)]:Summarized below are all mitigation measures adopted by the Responsible Entity to reduce, avoid or eliminate adverse environmental impacts and to avoid non-compliance or non-conformance with the above-listed authorities and factors.These measures/conditions must be incorporated into project contracts, development agreements and other relevant documents.The staff responsible for implementing and monitoring mitigation measures should be clearly identified in the mitigation plan. Law,Authority, Mitigation Measure or Condition Comments on Mitigation Complete or Factor Completed Plan Measures Project Mitigation Plan Supporting documentation on completed measures PY23 SUBRECIPILNf AGREEMENT— JESSE TREE ENiE'RGENCY RENTAL ASSISTANCE, PAGE 25 Or 29 APPENDIX A: Related Federal Laws and Authorities Airport Runway Clear Zones General policy Legislation Regulation It is HUD's policy to apply standards to 24 CFR Part 51 Subpart D prevent incompatible development around civil airports and military airfields. 1. Does the project involve the sale or acquisition of developed property? ✓ No Based on the response,the review is in compliance with this section. Yes Compliance Determination Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No PY23 StAWFOPILM A(iRLIAIIi Ni — .Ii;ssiJizi:i:ENirwiI:Ncv R I A rni.Ass is IA NCT. PAai:26 Or 29 Coastal Barrier Resources General requirements Legislation Regulation HUD financial assistance may not be Coastal Barrier Resources Act used for most activities in units of the (CBRA)of 1982, as amended by Coastal Barrier Resources System the Coastal Barrier Improvement (CBRS). See 16 USC 3504 for limitations Act of 1990 (16 USC 3501) on federal expenditures affecting the CBRS. This project is located in a state that does not contain CBRA units.Therefore,this project is in compliance with the Coastal Barrier Resources Act. Screen Summary Compliance Determination This project is located in a state that does not contain CBRS units.Therefore,this project is in compliance with the Coastal Barrier Resources Act. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No PY23 SUBREcrn[Evr A(3m:FNIEN r— Jt>ssr•.TREE Er,1E1,GENcti'Ri,y rAL ASstS rANCE- PAcr:27 Or 29 Flood Insurance General requirements Legislation Regulation Certain types of federal financial assistance may not be Flood Disaster 24 CFR 50.4(b)(1) used in floodplains unless the community participates Protection Act of 1973 and 24 CFR 58.6(a) in National Flood Insurance Program and flood as amended (42 USC and (b); 24 CFR insurance is both obtained and maintained. 4001-4128) 55.1(b). 1. Does this project involve financial assistance for construction, rehabilitation, or acquisition of a mobile home, building,or insurable personal property? ✓ No. This project does not require flood insurance or is excepted from flood insurance. Based on the response,the review is in compliance with this section. Yes 4. While flood insurance is not mandatory for this project, HUD strongly recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP). Will flood insurance be required as a mitigation measure or condition? Yes No Screen Summary Compliance Determination Based on the project description the project includes no activities that would require further evaluation under this section.The project does not require flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP).The project is in compliance with Flood Insurance requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No I'1'23 SURI:I:CIPII:NI /AGI:Iai-11:N I — .II(ssr'CI(I:Ii E(vww&NC)'RI N I AI,ASSIS I ANCf I'mir 28 01 29 Attachment 6: Budget Jesse Tree of Idaho Emergency Rental Assistance Program PY23 IDIS#159 Rent Payments Total Award $ 32,354.00 $ 32,354.00 Draw# Date Timeframe 1 $ - 2 $ - 3 $ - 4 $ - 5 $ - 6 $ - 7 $ - 8 $ - I 9 $ - � 10 $ - 11 $ - 12 $ - Total $ - $ - Balance $ 32,354.00 $ 32,354.00 PY23 SUBRECIPIENI AGRI;UMENT- 1ES5F,TREE ENtERGENCY RENTAL ASSISTANCE. PAGG 29 OF 29 SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND NEIGHBORHOOD HOUSING SERVICES, INC. DBA NEIGHBORWORKSO BOISE FOR PROGRAM YEAR 2023 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Subrecipient Agreement("Agreement") is entered into this 17th day of October 2023 by and between the City of Meridian,a municipal corporation organized under the laws of the state of Idaho ("City") and Neighborhood Housing Services,Inc. dba NeighborWorksO Boise, a nonprofit charitable corporation organized under the laws of the state of Idaho ("Subrecipient"). WHEREAS, City is an entitlement community, and as such has applied for, and been granted authority to receive funds from the United States Department of Housing and Urban Development ("HUD") under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, i.e., Community Development Block Grant("CDBG") funds; and WHEREAS, pursuant to the terms of this Agreement, the City hereby provides a subaward of the following grant(s) to Subrecipient: grant no. B-23-MC-16-0006, awarded by HUD on August 11, 2023; WHEREAS,the City wishes to engage Subrecipient by way of this Agreement to assist the City in utilizing such funds and the CDBG program in a manner compliant with the requirements of 24 CFR Part 570 and 2 CFR Part 200,and all other federal,state,and local laws, statutes, regulations and/or requirements; and WHEREAS, it is acknowledged by the Parties that although Congress has signed an appropriation bill committing the funds set forth in this Agreement, and HUD has notified City of its apportionment and approved the City's Action Plan, availability of CDBG funds to City, and thus to Subrecipient, is subject to Congressional release of such funds to HUD and HUD's release of such funds to City; and that City's obligation to provide funding to Subrecipient under this Agreement is provisional, pending the availability of such funds; NOW,THEREFORE, in consideration of the mutual covenants of the parties,the Parties agree as follows: I. STATEMENT OF WORK A. Activities. Subrecipient shall use City's subaward of CDBG funds in an amount not to exceed one hundred seventy-eight thousand seven hundred dollars ($178,700). Subrecipient will be responsible for administering a Homeowner Repair program, in a manner satisfactory to the City and consistent with any standards required as a condition of providing the funds. This project is eligible under(14H) Rehabilitation Administration/(14A) Rehabilitation: Single-Unit Residential. CDBG Funds will be used to reimburse for labor, materials, other costs of rehabilitation of properties, and all delivery costs directly related to carrying out housing rehabilitation activities. The primary administrative office is located at 3380 W. Americana Terrace, Suite 120, Boise, 1D 83706. See Attachment 1 for a map of the service location. B. National Objective. Subrecipient certifies that the activities carried out using the City's CDBG funds provided by City under this Agreement will meet one or more of the CDBG program's National Objectives as defined in 24 CFR 570.208(a)(3). PY23 SUBRECIPIENT AGREEMENT-NWB HOMEOWNER REPAIR PROGRAM PAGE 1 OF 29 C. Level of Service. Subrecipient's activities under this Agreement shall provide at least 7 total Units of Service over the term of this Agreement. For the purposes of this Agreement, "Units of Service"shall be defined as "Low- to Moderate-Income Households." Subrecipient shall verify that the household income of clientele served by City's CDBG funds,as defined in 24 CFR § 5.609, does not exceed the maximum limits as determined by the U.S. Department of Housing and Urban Development. The current income guidelines are located in the Subrecipient Toolbox at haps:, rmendiancit}.org clllbg_ D. Staffing. Subrecipient agrees to provide the City with an Hourly Billing Rate worksheet and job description for each staff member that will be paid using CDBG funds prior to Subrecipient's initial reimbursement request. E. Special Conditions. 1. Subrecipient understands and agrees that the allocation of CDBG funds may be used to provide services and programs only to City of Meridian residents. If applicable, Subrecipient shall verify that any and all persons who receive funds granted to Subrecipient pursuant to this Agreement("Client")a)reside within the city limits of Meridian, Idaho and b)meet the current CDBG income eligibility guidelines. Subrecipient must deem any Client who does not meet the above requirements to be ineligible to receive CDBG funds and shall suspend use of federal funds for the Client. 2. Subrecipient certifies that Subrecipient is in compliance with all applicable Fair Housing Laws, Section 504 of the Rehabilitation Act, and Americans with Disabilities Act requirements. 3. City reserves the right to make unannounced visits to Subrecipient's location in order to verify compliance with all program requirements. 4. If applicable, Subrecipient may utilize HUD's Income Calculator at https://www.hudexchange.info/incomecalculator/to determine annual household income of any or all Clients based on CDBG criteria. F. Time of performance. Services of Subrecipient shall start on or after October 1,2023 and end on September 30, 2024. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. II. SUBRECIPIENT'S ADMINISTRATIVE REQUIREMENTS A. General Compliance. Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) including subpart K of these regulations, except that(1) Subrecipient does not assume the City's environmental responsibilities described in 24 CFR 570.604 and (2) Subrecipient does not assume the City's responsibility for initiating the review process under the provisions of 24 CFR Part 52, and all other applicable federal,state and local laws, regulations,and policies governing the funds provided under this Agreement. A copy of the Environmental Review Record is included as Attachment 5. PY23 SLIBRECIPIENT AGREEMENT-NWB HOMEOWNER REPAIR PROGRAM PAGE 2 OF 29 B. Uniform administrative requirements. Subrecipient shall comply with applicable uniform administrative requirements, as described in 24 CFR § 570.502. C. Performance monitoring. City will monitor the performance of Subrecipient against goals and performance measures as set forth herein. Performance monitoring shall include City's review of Subrecipient's submitted documents for accuracy and completion, as well as a risk analysis that will determine if the City will conduct a desk review and/or an on-site visit from City's Community Development Program Coordinator to review the completeness and accuracy of records maintained. A copy of the risk analysis is included as Attachment 2. Substandard performance as determined by City shall constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within fourteen days (14) after being notified by City, City shall initiate tennination procedures. Additionally, Subrecipient will be allowed no more than three noncompliance performance standards throughout the contract. Noncompliance includes, but is not limited to: missing a deadline, providing inaccurate monthly data, delinquent progress report submission, and/or not providing correct supporting documentation.The first occurrence will result in a warning; the second a formal letter of noncompliance; and the third will result in a formal letter notifying Subrecipient that Subrecipient is not eligible to request funding for the following grant cycle. City may share Subrecipient performance and monitoring results with other local CDBG grantees and/or agencies who are providing funding to Subrecipient. D. Budget. Subrecipient shall adhere to the budget included as Attachment 6. Subrecipient shall obtain written approval from City prior to any change in use of funds. E. Progress Reports. Subrecipient shall submit progress reports monthly via the City's online portal. Instructions on submitting progress reports are located in the Subrecipient Toolbox at hiip,: mcrldlanclt`.oro cdbr . Progress reports will be due 15 days after the last day of the reporting period. If progress reports are delinquent,reimbursement requests will not be processed until the delinquency is cured. Subrecipient must timely submit progress reports even if no activities are conducted within the reporting period. F. Supplementation of other funds. Subrecipient agrees to utilize funds available under this Agreement to supplement, rather than supplant, funds otherwise available. G. Client Data. If applicable, subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: client name, address, income level or other basis for determining eligibility, race, ethnicity, and description of service provided. Such information shall be made available for review upon City's request. Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of City or Subrecipient's responsibilities under this Agreement, is prohibited by the Financial Privacy Act unless written consent is obtained from such person receiving service and, in the case of a minor,that of a responsible parent/guardian. PY23 SUBRECIPIENT AGREEMENT-NWB HOMEOWNER REPAIR PROGRAM PAGE 3 OF 29 H. Closeout. Subrecipient's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but shall not be limited to: making final payments, submitting final report(s), disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to City), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that Subrecipient has control over CDBG funds, including program income. I. Audits and inspections. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to City, HUD or its agent,or other authorized federal officials, at any time during normal business hours, as often as deemed necessary,to audit, examine, and make excerpts or transcripts of all relevant data for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. Any deficiencies noted in audit reports must be fully repaired by Subrecipient within thirty(30) days after receipt of such report by Subrecipient. Failure of Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Subrecipient shall comply with 2 CFR § 200.501, which requires that all non- Federal entities that expend$750,000 or more in Federal awards, in one year, have a single or program-specific audit. If the threshold is not met for a single or program audit, Subrecipient will provide a certified financial statement. J. Suspension and Debarment. Pursuant to 2 CFR Part 180 and 2 CFR Part 200, Appendix I1, section (H), Subrecipient is prohibited from contracting with any party that is suspended or debarred, i.e., listed on the governmentwide exclusions in the System for Award Management. K. Payment Procedures. 1. Indirect Costs. The City will only reimburse Subrecipient for indirect costs that comply with 2 CFR 200,subpart E and have been previously approved, in writing, by the Community Development Program Coordinator. 2. Payment Procedures. City will pay to Subrecipient funds available under this Agreement based upon information submitted by Subrecipient and consistent with any approved budget and City policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by City in accordance with advance fund and program income balances available in Subrecipient's accounts. In addition, City reserves the right to liquidate funds available under this Agreement for costs incurred by City on behalf of Subrecipient. 3. Reimbursement requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed one hundred seventy-eight thousand seven hundred dollars($178,700). City will not accept or process reimbursement requests prior to City's reception of Congressional Release of Funds; the Community Development Program Coordinator shall notify Subrecipient of such release and the opportunity to submit reimbursement requests. Reimbursement requests for the payment of eligible expenses shall be made against the activity specified, in accordance with performance, and as expenses are incurred by Subrecipient. Reimbursement requests shall only be accepted via the City's online portal and must be completed in full to be processed. Instructions to PY23 SUBRECIPIENT AGREEMENT-NWB HOMEOWNER REPAIR PROGRAM PAGE 4 OF 29 submit reimbursement requests are located in the Subrecipient Toolbox at hops meridiancit�.org cdbg . All reimbursement requests are to be submitted as needed in coordination with the Community Development Program Coordinator. Reimbursement requests shall include the following: transaction detail completed for the relevant draw request period, timesheets in compliance with 2 CFR 200.430 (if applicable),and proof of payment by Subrecipient(such as copy of receipt of payment and/or other relevant documentation of payment). Reimbursement requests must be submitted within fifteen (15) calendar days from the close of each month of the program year except for the final reimbursement request. City will process reimbursement requests once per month. Subrecipient's final reimbursement request under this Agreement must be submitted by Subrecipient no later than October 30, 2024 and must include a Closeout Certification form which can be found in the Subrecipient Toolbox at hops: mendiancity.org cdbg . Subrecipient shall forfeit reimbursement for any costs not requested within the timeframes set forth in this provision, unless otherwise authorized, in writing, by City. a. Reversion of assets to City. Pursuant to 24 CFR § 570.503(b)(7), upon expiration or termination of this Agreement, Subrecipient shall transfer to City any and all CDBG funds on hand at the time of expiration and any and all accounts receivable attributable to the use of CDBG funds. b. Unique entity identifier. Subrecipient shall comply with requirements established by the U.S. General Services Administration concerning the Unique Entity Identifier, the System for Award Management("SAM") and, per 2 CFR § 170.320,the Federal Funding Accountability and Transparency Act, including Appendix A to 2 CFR part 25. L. Documentation required prior to real estate transactions. Where City's CDBG funds are used for real estate acquisition, as early as practicable, and not less than two (2)weeks prior to the completion of each transaction, Subrecipient shall provide the address of real property under consideration to City for floodplain and related environmental review. Failure to provide the address of the housing unit under consideration in advance of the anticipated close date may result in added expenses for the beneficiary or Subrecipient,or refusal of reimbursement by City. Subrecipient shall maintain real property inventory records that clearly identify properties purchased, improved, rented, or sold. M. Housing Affordability. Where the City's CDBG funds are used for homeownership assistance, the housing must qualify as affordable per Section 215 of the National Affordable Housing Act. N. National Objectives met for five(5) years. Pursuant to 24 CFR § 570.503(b)(7)(i), real property that is acquired or improved, in whole or in part, with funds under this Agreement in excess of$25,000 shall be used to meet one of the CDBG National Objectives until five (5) years after expiration of this Agreement. If the use of the CDBG-assisted real property fails to meet a CDBG National Objective for this prescribed period of time, Subrecipient shall pay City an amount equal to the current market value of the property, less any portion of the value attributed to expenditures of non-CDBG funds for acquisition of or improvement to the property. Such payment shall constitute program income to City. Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period. PY23 SUBRECIPIENT AGREEMENT-NWB HOMEOWNER REPAIR PROGRAM PAGE 5 OF 29 O. Compliance with procurement policies. Subrecipient shall comply with current Federal, State, and City policies concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided hereunder. P. Sale of equipment. In all cases in which equipment acquired in whole or in part with funds under this Agreement is sold,the proceeds shall be program income, prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment. Equipment purchased with funds received under this Agreement but not needed by Subrecipient for activities under this Agreement shall be (a)transferred to City for the CDBG program or(b)retained after compensating City an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment. Q. Program income. 1. Remittance at end of program year. Pursuant to 24 CFR § 570.503(b)(3) and Pursuant to 24 CFR § 570.504(c), at the end of the program year,the City may require remittance of all or part of any program income balances, including investments thereof,held by Subrecipient,except those needed for immediate cash needs, cash balances of a revolving loan fund,cash balances from a lump sum drawdown, or cash or investments held for section 108 security needs. 2. Recording program income. Pursuant to 24 CFR § 570.504(a),the receipt and expenditure of program income shall be recorded as part of the financial transactions of the grant program. 3. Disposition if received before closeout. Pursuant to 24 CFR § 570.504(b)(1), program income received before grant closeout may be retained by the recipient if the income is treated as additional CDBG funds subject to all applicable requirements governing the use of CDBG funds;and will be subject to all provisions of Pursuant to 24 CFR §§ 570.504(b) and (c),both prior to and upon closeout. R. Records and reports. 1. Records to be maintained. In addition to specific records mentioned in this Agreement, Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including, but not limited to, those required by the Federal regulations specified in 2 CFR § 200.302(b)and 24 CFR § 570.506, including: a. Full descriptions and records of each activity undertaken; b. Records related to activities meeting the National Objectives; c. Records required to determine the eligibility of activities for CDBG funding; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG Program; f. Financial records, as required by 570.506(h); g. Other records necessary to document compliance with 24 CFR Part 570, Subpart K; h. Identification of CDBG funds received and expended and the Federal programs under which they were received, including Federal award identification number and year and PY23 SUBRECIPIENT AGREEMENT-NWB HOMEOWNER REPAIR PROGRAM PAGE 6OF 29 name of the pass-through entity (City of Meridian); i. Records that identify adequately the application of CDBG funds, including information pertaining to Federal awards,authorizations,financial obligations, unobligated balances, assets, expenditures, income and interest; such records shall be supported by source documentation; j. Comparison of expenditures with budget amounts for each Federal award. k. Written procedures to implement the requirements of 2 CFR § 200.305;and I. Written procedures for determining the allowability of costs in accordance with Subpart l_ al'th is part and the terms and conditions of the Federal award. 2. Records retention. Subrecipient shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five(5) years after the termination of all activities funded under this Agreement, defined as the date of the submission of City's final annual performance and evaluation report to HUD. Records for non-expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. If, prior to the expiration of the five-year period, any litigation, claims, audits, negotiations or other actions begin that involve any of the records cited,such records shall be retained until completion of the actions and resolutions of all issues,or the expiration of the five-year period,whichever occurs later. III. EMPLOYMENT AND LABOR CONDITION REQUIREMENTS A. Equal Employment Opportunity. Per 2 CFR Part 200, Appendix 11, section (C) and 41 CFR § 60-1.4(b), the equal opportunity clause set forth in 41 CFR § 60-1.4(b) is incorporated herein by reference, and shall apply as though set forth fully herein. B. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b)and Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1974, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, Executive Order 11246 as amended by Executive Orders 1 1375 and 12086, and 24 CFR §§ 570.601 and 570.602. Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant,and will not itself so discriminate. C. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR § 570.607. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act of 1974 (24 CFR § 6) are also applicable. Subrecipient will not discriminate against any employee or applicant for employment or services because of race,color, creed, religion, ancestry, national origin, sex, disability or other handicap,age, marital status or status with regard to public assistance. Subrecipient will take affirmative action to ensure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. D. ADA Section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 701 et seq.), which PY23 SUBRECIPIENT AGREEMENT—NWB HOMEOWNER REPAIR PROGRAM PAGE 7 OF 29 prohibits discrimination against the handicapped in any federally assisted activities. City shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. E. Small,Women- and Minority-Owned Businesses. Per 2 CFR §200.321, Subrecipient must take all necessary affirmative steps to assure that small businesses,minority businesses, women's business enterprises, and labor surplus area firms are used when possible F. Affirmative Action. Subrecipient agrees that it shall be committed to carry out pursuant to City's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds if applicable. G. Notice to workers. Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice,to be provided by the agency contracting officer, advising the labor union or workers' representative of Subrecipient's commitments hereunder,and shall post copies of the notice in conspicuous places available to employees and applicants for employment. H. Solicitations for employment. Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. I. Drug Free Workplace. Subrecipient certifies it is in compliance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701)which requires grantees(including individuals)of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drugfree workplaces. Each potential recipient must certify that it will comply with drugfree workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F. J. Faith-based organizations. Pursuant to 24 CFR § 570.2000), if Subrecipient is a faith-based organization, Subrecipient agrees to expend funds provided under this Agreement in accordance with 24 CFR § 5.109. K. Labor standards. Per 2 CFR Part 200, Appendix II, section (D), Subrecipient agrees to comply with all applicable requirements of the Secretary of Labor in accordance with the Davis-Bacon Act (40 U.S.C. §§ 3141-3144,and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5) as amended. In accordance with the statute, Subrecipient or Subrecipient's subcontractor must pay wages to laborers and mechanics at a rate not less than the prevailing wages as specified in a wage determination made by the Secretary of Labor. In addition, Subrecipient or Subrecipient's subcontractor must be required to pay wages not less than once a week. Subrecipient must include a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation.The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. Further,the provisions of Agreement Work Hours and Safety Standards Act; the Copeland "Anti-Kickback"Act(40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3),under which Subrecipient or Subrecipient's subcontractor is prohibited from inducing, by any means, any person employed in the construction,completion,or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. PY23 SUBRECIPIENT AGREEMENT-NWB HOMEOWNER REPAIR PROGRAM PAGE 8 OF 29 Subrecipient further acknowledges and agrees that all contractors engaged under contracts in excess of$2,000.00 for construction,renovation or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with Federal requirements pertaining to such Agreements and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts I, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Subrecipient or its subcontractors of its obligation, if any,to require payment of the higher wage. Per 2 CFR Part 200,Appendix 11,section (E),the Contract Work Hours and Safety Standards Act(40 U.S.C. §§ 3701-3708)applies to contracts in excess of$100,000. L. Conflicts of interest; nepotism. Subrecipient agrees to abide by the provisions of 24 CFR § 570.611. Further, no person who exercises or has exercised any function or responsibility with respect to CDBG-assisted activities, or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in activities funded under this Agreement, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties,during their tenure or for a period of one (1) year thereafter. M. Rights to Inventions. Per 2 CFR Part 200, Appendix It, section (F), if Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties,assignment or performance of experimental, developmental, or research work, Subrecipient must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. N. Lobbying; political activities. Subrecipient hereby certifies that: No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal agreement, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation,renewal,amendment,or modification of any Federal agreement, grant, loan, or cooperative agreement; If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan,or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; Subrecipient will require that the following language be included in the award documents for all sub-awards at all tiers(including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly: PY23 SUBRECIPIENT AGREEMENT-NWB HOMEOWNER REPAIR PROGRAM PAGE 9 OF 29 "This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not let less than$10,000 and not more than $100,000 for each such failure." The foregoing certification is a material representation of fact upon which reliance is placed by City. Per 31 U.S.C. § 1352 and 2 CFR Part 200,Appendix II, section (I), submission of this certification may be a prerequisite for making or entering into this transaction. Subrecipient further agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engage in the conduct of political activities in violation of the Hatch Act(Title V, Chapter 15, U.S.C.). O. Section 3 of the Housing and Urban Development Act of 1968. 1. Compliance. Compliance with Section 3 of the Housing and Urban Development Act of 1968,as amended(12 U.S.C. § 1701)("Section 3"),the regulations set forth in 24 CFR Part 75, Subpart C,and all applicable rules and orders issued thereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and shall be binding upon City and any contractors and/or subcontractors. Section 3 will apply to a project if there is over$200,000 of HUD housing and community development financial assistance to the project(or $100,000 of Lead Hazard or Healthy Homes funding). Failure to fulfill these requirements shall subject City, Subrecipient and any of Subrecipient's contractors and subcontractors,their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. 2. Subcontract language. Subrecipient further agrees to include the CDBG Supplemental General Conditions in all applicable subcontracts executed under this Agreement. The CDBG Supplemental Conditions can be found in Attachment 7 (if applicable) and includes the Section 3 requirements located at 24 CFR § 75.19(b). P. Build America, Buy America Act. Subrecipient must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices,as may be amended, if applicable to the Subrecipient's infrastructure project. Pursuant to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance" (88 FR 17001),any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver. IV. ENVIRONMENTAL CONDITIONS No funds will be released until City conducts an environmental assessment and makes a determination of"No Significant Impact" in compliance with 24 CFR Part 58 and other federal,state,and local laws and regulations. If applicable,the City will issue a Notice to Proceed once the environmental review is completed and is accepted by the City and/or HUD. PY23 SUBRECIPIENT AGREEMENT-NWB HOMEOWNER REPAIR PROGRAM PAGE 10 OF 29 A. Air and Water. Subrecipient specifically agrees to comply with the following regulations insofar as they apply to the performance of this Agreement: 1. Clean Air Act,42 U.S.C. §§ 7401, et seq. and 2 CFR Part 200, Appendix II, section (G). 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq.,relating to inspection, monitoring, entry reports, and information, as well as other requirements specified in said Act, and all regulations and guidelines issued thereunder. 3. Environmental Protection Agency(EPA) regulations pursuant to 40 C.F.R. Part 50. B. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001), Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained, and shall assure compliance with Title 10, Chapter 6, Meridian City Code,as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead-Based Paint. Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations,24 CFR Part 35, implementing Title X of the Housing and Community Development Act of 1992. These regulations revise the CDBG lead based paint requirements under 24 CFR § 570.608. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms,treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood level screening for children under seven. The notice must also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment,treatment and/or abatement may be conducted. D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. §470)and the procedures set forth in 36 CFR Part 800,Advisor Council on Historic Preservation Procedures for Protection of Properties,insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years or older or that are included on a Federal, state or local historic property list. E. Endangered Species. Subrecipient agrees to comply with the provisions outlined in the Endangered Species Act of 1973, as amended, for the preservation and protection of endangered species. This obligation mandates that the Subrecipient takes all necessary measures to prevent any actions that could jeopardize the continued survival of species listed under the Act and to refrain from causing harm or alteration to their critical habitats. Additionally, the Subrecipient is obliged to adhere to proper waste management practices, ensuring that waste materials are either recycled or disposed of in an environmentally responsible manner, using EPA-approved sanitary or hazardous waste disposal facilities. PY23 SUBRECIPIENT AGREEMENT—NWB HOMEOWNER REPAIR PROGRAM PAGE 11 OF 29 F. Noise Abatement and Control. Subrecipient agree to comply with the guidelines outlined in the Noise Control Act of 1972,as well as the relevant directives provided by the General Services Administration Federal Management Circular 75-2,titled "Compatible Land Uses at Federal Airfields," and Title 24 CFR 51 Subpart B to mitigate excessive noise exposure, particularly in residential areas. For the rehabilitation of existing residential properties,the Subrecipient will enhance the building envelope for any components they address. Strategies may include the installation of improved windows and doors, reinforced sheathing, insulation, and sealing gaps, among other measures. V. GENERAL CONDITIONS A. Appropriation. It is acknowledged by the Parties that although Congress has signed an appropriation bill committing the funds set forth in this Agreement, and HUD has notified City of its apportionment and approved the City's Action Plan,availability of CDBG funds to City, and thus to Subrecipient, is subject to Congressional release of such funds to HUD and HUD's release of such funds to City. Unless and until HUD releases the funds,City shall have no contractual, legal, or equitable obligation to Subrecipient. In the event that CDBG funds are not made available to City,whether by Congress or by HUD, this Agreement shall be void, and City shall have no obligation to Subrecipient,whether-under this Agreement or under any legal or equitable claim. B. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when emailed, personally served, or mailed in the United States mail, addressed as follows: If to City: If to Subrecipient: City of Meridian Bud Compher, Jr., CEO Attn: Crystal Campbell, Community Neighborhood Housing Services, Inc. dba Development Program Coordinator NeighborWorks® Boise 33 E. Broadway Avenue 3380 W. Americana Terrace Meridian, Idaho 83642 Suite 120 ccampbell@meridiancity.org Boise, ID 83706 bcompher@nwboise.org Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. C. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning CDBG funds, including, but not limited to,24 CFR Part 570 and subpart K of such regulations. Subrecipient also agrees to comply with all other applicable Federal,state and local laws, regulations, and policies governing the funds provided under this Agreement,except that: (1) Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR § 570.604; and(2) Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 58. D. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Subrecipient shall at all times remain an independent Contractor with PY23 SUBRECIPIENT AGREEMENT-NWB HOMEOWNER REPAIR PROGRAM PAGE 12 OF 29 respect to the services to be performed under this Agreement. City shall provide no benefits or insurance coverage whatsoever to Subrecipient and/or to its agents. E. Indemnity. Subrecipient, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in Subrecipient's programming, shall hold harmless, defend and indemnify City from and for all such losses,claims, actions, and/or judgments for damages or injury to persons or property and/or losses and expenses caused or incurred by Subrecipient and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and participants in its programming, and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by Subrecipient and/or Subrecipient's employees,agents, contractors, subcontractors, officials,officers, servants, guests, invitees, participants, and/or volunteers and resulting in and/or attributable to personal injury, death, and/or damage and/or destruction to tangible or intangible property. F. Workers' Compensation. Subrecipient shall maintain workers' compensation insurance coverage, in the amount required by Idaho law, for all employees involved in the performance of this Agreement. G. Insurance. Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage. At a minimum, Subrecipient must provide the equivalent insurance coverage for real property and equipment acquired or improved with CDBG funds as provided to property owned by the non-Federal entity. For construction or facility improvement contracts or subcontracts exceeding the simplified acquisition threshold as defined in 41 U.S.C. 134 and Appendix II, section (A), Subrecipient must comply with bonding requirements set forth in 2 CFR §200.325. H. Grantee Recognition. Subrecipient shall ensure recognition of the role of the City in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. I. Amendments. The parties hereto may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing,signed by a duly authorized representative of each party, and approved by City's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release either party from its obligations under this Agreement. City may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding,the scope of services, or schedule of the activities to be undertaken as part of this Agreement,such modifications will be incorporated only by written amendment signed by both parties. J. Termination (see 2 CFR Part 200,Appendix Il,section (B)). 1. Termination for convenience. Either party may terminate this Agreement by, at least thirty (30)days before the effective date of such termination,giving written notice to the other party of such termination and specifying the effective date thereof. PY23 SUBRECIPIENT AGREEMENT-NWB HOMEOWNER REPAIR PROGRAM PAGE 13 OF 29 2. Termination for cause. Termination of this Agreement, in whole or in part, may occur for cause, which shall include, but shall not be limited to, the following: a. Failure to comply with any of the rules,regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; c. Ineffective or improper use of funds provided under this Agreement; or d. Submission of reports that are incorrect or incomplete in any material respect. Either Party may terminate this Agreement for cause by providing written notice to the other of the basis of termination. The defaulting Party shall have fourteen(14)days to cure the deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time period, the other Party shall terminate this Agreement for cause. In addition to termination of this Agreement and/or any other remedies as provided by law, City may declare Subrecipient ineligible for any further participation in City CDBG programming. 3. Work completed. In the event of any termination, all finished or unfinished documents, data, studies, surveys, maps, models, drawings,photographs, reports, and/or other materials that are the property of and prepared by Subrecipient under this Agreement shall become the property of City,and Subrecipient shall provide same within seven(7)days of City's demand therefor. Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. K. Assignment. Subrecipient shall not assign or transfer any interest in this agreement without prior written consent of City; provided,however, that claims for money due or to become due to Subrecipient from City under this Agreement may be assigned to a bank,trust company, or other financial institution without such approval. Notice of any assignment or transfer shall be furnished promptly to City. L. Subcontractors. 1. City must approve. Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of City. All subcontracts entered into in the performance of this Agreement shall be awarded pursuant to any applicable provisions of the City Purchasing Policy and/or local, state, or federal laws. 2. Monitoring. Subrecipient shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by City, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 3. Subcontract content. Subrecipient shall cause all provisions of this Agreement in their entirety to be included in and made a part of any subcontract executed in the performance PY23 SUBRECIPIENT AGREEMENT-NWB HOMEOWNER REPAIR PROGRAM PAGE 14 OF 29 of this Agreement. Specifically, without limitation, Subrecipient shall include the provisions of this Agreement regarding Civil Rights and Affirmative Action in-every subcontract or purchase order, specifically or by reference, to ensure that such provisions will be binding upon all subcontractors. 4. Documentation. Executed copies of all subcontracts shall be forwarded to City along with documentation concerning the selection process. M. Relocation, real property acquisition, and one-for-one housing replacement. Subrecipient agrees specifically, without limitation, to comply with: 1. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); 2. The requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under 24 CFR part 42,subpart B; and 3. The requirements in 24 CFR 570.606(d) governing optional relocation policies. Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. N. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. O. Severability. If any provision of this Agreement is held to be invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. P. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written,whether previous to the execution hereof or contemporaneous herewith. Q. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. R. Attachments. All attachments and/or exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. S. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and Subrecipient. PY23 SUBRECIPIENT AGREEMENT—NWB HOMEOWNER REPAIR PROGRAM PAGE 15 OF 29 IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: Neighborhood Housing Services, Inc. dba NeighborWorks® Boise Bud Compher,Jr., CEO Date CITY: City of Meridian Attest: By: Robert E. Simison, Mayor 10-17-2023 Chris Johnson, City Clerk 10-17-2023 PY23 SUBRECIPIENT AGREEMENT-NWB HOMEOWNER REPAIR PROGRAM PAGE 16 OF 29 Attachment 1: Location of Service Area • 4Q • _ r Legend �� • ��� a WA iCMINDEN W � � z • i .�McoklUAN z . a umc� o M � O • v '� ckERRr i RvflwM� r • • MNE :..; -7plANKUH-f ` - ►�` OVCRhAND, ly • kwicE HaZZI Meridian City Limits Ml 0 r s ftr adanv�b,strsrn on ha map is�rrpbd Iran rrarb us soscas aM bt aEytl ro ematat rwsfm 1Ta CYy d W«san mstr ro rrrrrry a pwrsnaa sa to M o.�L arruary.urrr hnaa a aoM7tsrnws d any d d+s lists RaWO and alma no Mpd rss�tq�du nbnnason Wn9sn W on sw map. Print D. r , PY23 SUBRECIPIENT AGREEMENT-NWB HOMEOWNER REPAIR PROGRAM PAGE 17 OF 29 Attachment 2: Risk Analysis Factor Low Risk(1 point) Med Risk(3 High Risk point points�_ Type of Contract 3 Med Risk = Housing/Public Services Low Risk = Public Facilities/Infrastructure/Planning _ Contract Amount 1 High Risk= $80000+ Med Risk = $45000 - $79999 Low Risk = $0-$44999 _ Experience with Meridian CDBG 1 W Med Risk= No Low Risk= Yes New Activity for Subrecipient 1 High Risk = Yes l Low Risk= No 1 Number of Clients Served 3 LLLed Risk = More than 50 ow Risk = Less than 50 Admin Expenses 1 High Risk= More than 20%of budget OR Staff Costs for Homeowner Repair more than 50% Low Risk= 20%of budget or less Key Organizational Change 1 High Risk = Executive Director/Financial Manager/Program Manager Med Risk = Other Key Staff Low Risk = None Systems Change 1 Med Risk = Major Low Risk = Minor/None Program Delays I Med Risk =CDBG Program did not begin on schedule/New Program Low Risk = CDBG Program began on schedule Progress Reports I Med Risk = History of reports submitted late (25%or more late)/New Program Low Risk= History of reports submitted on time(more than 75%) PY23 SUBRECIPIENT AGREEMENT NWB HOMEOWNER REPAIR PROGRAM PAGE 18 OF 29 Met Goals in Previous Years 1 Med Risk = No/New Program Low Risk=Yes/Met at least 75% Financial Audit 1 High Risk= Audit with moderate to serious findings/No audit although required Low Risk=Audit with no/minor findings Last Monitoring Visit 1 High Risk= New Program/Not Renewed Med Risk = 2+years Low Risk= Less than 2 years _ Corrective Action (Any Monitoring) 1 High Risk = Current Major Findings(e.g. would affect services/clients/financial concern) Med Risk = New Program/Current Concerns (e.g. require action but no serious impact) Low Risk = No Findings or Concerns 12 6 0 Risk Score 18 Level of Risk Low Risk(up to 25 points) Comments Level of Risk Definitions Low Risk<25 points Project requires a minimal amount of monitoring. Activities under this category will be monitored primarily via internal desk monitoring procedures on an annual basis, unless situations dictate otherwise. On-site monitoring will generally take place at least every two years. Medium Risk 26-35 points Projects will be monitored via internal bi-annual desk monitoring's and on-site monitoring no less than every two years.The on-site monitoring review will be conducted preferably within the first six months of the chosen program year. Based upon the results of the monitoring visit, staff will determine the need for and frequency of additional technical assistance visits and/or on-site PY23 SUBRECIPIENT AGREEMENT--NWB HOMEOWNER REPAIR PROGRAM PAGE 19 OF 29 compliance reviews.These activities will generally be monitored after high priority activities have been adequately addressed. High Risk 36t points Projects will receive priority for monitoring. High priority activities will generally be monitored annually within the first 6 months of the program year. High-risk subrecipients may also be required to submit additional documentation as needed to allow for closer evaluation of the project through desk monitoring. CDBG Program Coordinator: Crystal,CavnpbeW Electronically signed by ccompbell@meridiancity.org on 912612023 5:56 PM Date Signed: 09/26/2023 Supervisor: f)a+ %e,7cwrek Electronically signed by dtorres@meridioncity.org on 912712023 8:13 AM Date Signed: 09/27/2023 PY23 SUBRFCIPIENT AGREEMENT-NWB HOMEOWNER REPAIR PROGRAM PAGE 20 OF 29 Attachment 3: Signing Authority Complete the form to designate signing authority. Subrecipient Name:_ vex or ✓... ..� D&4 'Ve:gL Project Name: QA.2.pujyne.! a:�t 7�o�re.••-• Program Year: o I Start Date: /0//l 2l End Date: 9 I o j;t Sl Name Title Authorized to sign for(check all that apply): Identifying Signature IXFinancial VContractual Atc+kecL, &Afti Nr ► 2 Name Title Authorized to sign for(check all that apply): Identifying Signature 2-financial 2-lCo'ntractual Name Title Authorized to sign for (check all that AkkA L./&, app ly): Identifying Signature O Financial El Contractual Signing authority for the above individuals is authorized by: Name Title Sign re Date PY23 SUBRECIPIENT AGREEMENT-NWB HOMEOWNER REPAIR PROGRAM PAGE 21 OF 29 Attachment 4: Federal Certifications The following are required as referenced below. Subrecipient Name: ke'-' _P h fv•E,.e,_. . nk &:4�6ulilck F Project Name: �osw..s.,r �4w:v "C,rod Program Year: 1 o r /'x3 Start Date: to * ?2; End Date: �f 3oL�Y Subrecipient maintains a policy for and complies with the following: Yes No N/A Policy ❑ ❑ ADA/Section 504 [29 U.S.C. § 701] ❑ ❑ Confidentiality [2 CFR § 200.303(e)] d ❑ ❑ Conflict of Interest [2 CFR § 200.318(c)(1); 24 CFR § 570.611] [.� ❑ ❑ Drug Free Workplace [24 CFR part 24, subpart F] [� ❑ ❑ Equal Employment Opportunity [2 CFR Part 200; 41 CFR § 60-1.4(b)] p ❑ ❑ Fair Housing [Fair Housing Act] (if applicable) E�' ❑ ❑ Nondiscrimination [24 CFR § 570.607] ❑ ❑ p' Procurement [2 CFR § 200.318(a)] (if applicable) Is Subrecipient a nonprofit entity? C8"Yes ONO Per 2 CFR § 200.415 major nonprofit organizations lareineligible for this funding. if the agency is a nonprofit, please select one of the following: C'Organization is not a major nonprofit organization. ❑ Organization is a major nonprofit organization. By signing this form, I certify the above is true and correct to the best of my knowledge. 1_ 60 -S r 6,E c.) Name Title Sign Date A major nonprofit organization is defined in§200.414(a)as an organization receiving more than$10 million in direct federal funding. PY23 SUBRECIPIENT AGREEMENT—NWB HOMEOWNER REPAIR PROGRAM PAGE 22 OF 29 Attachment 5: Environmental Review Environmental Review for Activity/Project that is Exempt or Categorically Excluded Not Subject to Section 58.5 Pursuant to 24 CFR 58.34(a) and 58.35(b) Proiect Information Project Name: NWB-Homeowner-Repair-PY22-26 HERDS Number: 900000010284393 Responsible Entity(RE): MERIDIAN, 33 E Idaho Ave Meridian ID,83642 State/Local Identifier: RE Preparer: Crystal Campbell Grant Recipient(if different than Responsible Entity): Point of Contact: Consultant (if applicable): Point of Contact: Project Location: 3380 W Americana Ter Ste 120, Boise, ID 83706 Additional Location Information: N/A Description of the Proposed Project [24 CFR 50.12&58.32;40 CFR 1508.25]: NeighborWorks Boise's (NWB) Homeowner Repair Program is designed to help low-to moderate- income (LMI) Meridian families,those with an income level at or below 80%of the Area Median Income(AM[), continue to live safely,comfortably,and economically in their existing homes by preserving existing housing stock and making necessary repairs to increase energy efficiency, longevity of the building,and accessibility. Examples of eligible projects with budgets between$2,000 and $25,000 include; 1) Energy efficiency (additional insulation, new windows,and doors); 2) Weatherization (insulation and weather-stripping); 3) Accessibility programs(install ramps and grab bars);4) Roof rep acement or emergency repair for leaks;S) HVAC; and 6) Water heater and plumbing(energy efficiency as a secondary).The City anticipates using $5,000 to$10,000 of CDBG funding for administration of this program per year during each of the remaining years in the PY22-26 Consolidated Plan.This review is on y for the administrative fees NeighborWorks will incur during the PY22-26 Consolidated Plan.CDBG funds will also be used for repairs, but a separate review will be conducted for individual households.This project is anticipated to be funded for the duration of the PY22-PY26 Consolidated Plan,but is dependent on a competitive annua application and the congressional release of funding. PY23 SUBRECIPIENT AGREEMENT—NWB HOMEOWNER REPAIR PROGRAM PAGE 23 OF 29 Level of Environmental Review Determination Activity/Project is Exempt per 24 CFR 58.34(a): 58.34(a)(3) Signature Page Ilolneox\ner Repair FIR Si .pdf Funding Information Grant/Project HUD Program Program Name Identification Number Community Planning and Community Development Block Grants 142 Development(CPD) I (CDBG)(Entitlement) Estimated Total HUD Funded,Assisted $40,000.00 or Insured Amount: Estimated Total Project Cost (24 CFR 58.2 (a) (5)1: $40,000.00 Compliance with 24 CFR§50.4&§58.6 Laws and Authorities Compliance Factors: Are formal Compliance determination Statutes, Executive Orders, and compliance steps (See Appendix A for source Regulations listed at 24 CFR§50.4& or mitigation determinations) §58.6 required? STATUTES,EXECUTIVE ORDERS,AND REGULATIONS LISTED AT 24 CFR§S0.4&§58.6 Airport Runway Clear Zones and Based on the project description the Clear Zones project includes no activities that would 24 CFR part 51 require further evaluation under this section.The project is in compliance with Airport Runway Clear Zone 0 Yes 0 No requirements. Coastal Barrier Resources Act Coastal Barrier Resources Act, as This project is located in a state that amended by the Coastal Barrier does not contain CBRS units.Therefore, Improvement Act of 1990 (16 USC this project is in compliance with the 3501] 0 Yes 0 No Coastal Barrier Resources Act. Flood Insurance Based on the project description the Flood Disaster Protection Act of project includes no activities that would 1973 and National Flood Insurance 0 Yes 0 No require further evaluation under this PY23 SUBRECIPIENT AGREEMENT—NWB HOMEOWNER REPAIR PROGRAM PAGE 24 OF 29 Compliance Factors: Are formal Compliance determination Statutes, Executive Orders,and compliance steps (See Appendix A for source Regulations listed at 24 CFR§50.4& or mitigation determinations) §58.6 required? STATUTES,EXECUTIVE ORDERS,AND REGULATIONS LISTED AT 24 CFR§50.4&§58.6 Reform Act of 1994[42 USC 4001- section.The project does not require 4128 and 42 USC 5154a] flood insurance or is excepted from flood insurance.While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP).The project is in compliance with Flood Insurance requirements. Mitigation Measures and Conditions [CFR 40 1505.2(c)]:Summarized below are all mitigation measures adopted by the Responsible Entity to reduce, avoid or eliminate adverse environmental impacts and to avoid non-compliance or non-conformance with the above-listed authorities and factors.These measures/conditions must be incorporated into project contracts,development agreements and other relevant documents.The staff responsible for implementing and monitoring mitigation measures should be clearly identified in the mitigation plan. Law,Authority, Mitigation Measure or Condition Comments on Mitigation Complete or Factor Completed Plan Measures Project Mitigation Plan Supporting documentation on completed measures PY23 SUBRECIPIENT AGREEMENT- NWB HOMEOWN R REPAIR PROGRAM PAGE 25 OF 29 APPENDIX A: Related Federal Laws and Authorities Airport Runway Clear Zones General policy Legislation Regulation It is HUD's policy to apply standards to 14 CFR Part 51 Subpart D j prevent incompatible development around civil airports and military airfields, 1. Does the project involve the sale or acquisition of developed property? ✓ No Based on the response,the review is in compliance with this section. Yes Compliance Determination Based on the project description the project includes no activities that would require further evaluation under this section.The project is in compliance with Airport Runway Clear Zone requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No PY23 SUBRECIPIENT AGREEMENT—NWB HOMEOWNER REPAIR PROGRAM PAGE 26 OF 29 Coastal Barrier Resources _ )General requirements Legislation Regulation HUD financial assistance may not be Coastal Barrier Resources Act used for most activities in units of the (CBRA)of 1982,as amended by Coastal Barrier Resources System the Coastal Barrier Improvement (CBRS).See 16 USC 3504 for limitations Act of 1990(16 USC 3501) on federal expenditures affecting the CBRS. This project is located in a state that does not contain CBRA units.Therefore,this project is in compliance with the Coastal Barrier Resources Act. Screen Summary Compliance Determination This project is located in a state that does not contain CBRS units. Therefore,this project is in compliance with the Coastal Barrier Resources Act. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No PY23 SUBRECIPIENT AGREEMENT—NWB HOMEOWNER REPAIR PROGRAM PAGE 27 OF 29 Flood insurance General requirements �T Legislation Regulation Certain types of federal financial assistance may not be Flood Disaster 24 CFR 50.4(b)(1) used in floodplains unless the community participates Protection Act of 1973 and 24 CFR 58.6(a) in National Flood Insurance Program and flood as amended (42 USC and (b); 24 CFR insurance is both obtained and maintained. 14001-4128) 55.1(b). 1. Does this project involve financial assistance for construction,rehabilitation,or acquisition of a mobile home,building,or insurable personal Property? ✓ No.This project does not require flood insurance or is excepted from flood insurance. Based on the response,the review is in compliance with this section. Yes 4. While flood insurance is not mandatory for this project,HUD strongly recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP). Will flood insurance be required as a mitigation measure or condition? Yes ✓ No Screen Summary Compliance Determination Based on the project description the project includes no activities that would require further evaluation under this section.The project does not require flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP).The project is in compliance with Flood Insurance requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No PY23 SUBRECIPIENT AGREEMENT—NW13 HOMEOWNER REPAIR PROGRAM PAGE 28 OF 29 Attachment 6: Budget NeighborWorks Boise Rehab Costs Admin Total Homeowner Repair PY23 Project 161 Project 1 Project 2 Project 3 Project 4 Project 5 Project 6 Project 7 Award $22,000.00 $22,000.00 $22,000.00 $22,000.00 $22,000.00 $22,000.00 $21,700.00 $25,000.00 $178,700.00 Draw# Date Timeframe 1 2 3 4 5 6 7 8 9 10 11 12 [ Total $ - $ - $ - $ - $ - $ - $ - $ - $ - Balance $22,000.00 $22,000.00 $22,000.00 $22,000.00 $22,000.00 $22,000.00 $21,700.00 $25,000.00 $278,700.00 PY23 SUBREOPiENT AGREEMENT N"HOMEOWNER REPAIR PROGRAM PAGE 29 OF 29 SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND FAMILY ADVOCACY AND EDUCATION SERVICES (DBA FACES OF HOPE FOUNDATION) FOR PROGRAM YEAR 2023 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Subrecipient Agreement("Agreement") is entered into this 17th day of October 2023 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Family Advocacy and Education Services (DBA Faces of Hope Foundation), a nonprofit charitable corporation organized under the laws of the state of Idaho ("Subrecipient"). WHEREAS, City is an entitlement community, and as such has applied for, and been granted authority to receive funds from the United States Department of Housing and Urban Development ("HUD") under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, i.e., Community Development Block Grant("CDBG") funds; and WHEREAS,pursuant to the terms of this Agreement,the City hereby provides a subaward of the following grant(s) to Subrecipient: grant no. B-23-MC-16-0006, awarded by HUD on August 11, 2023; WHEREAS,the City wishes to engage Subrecipient by way of this Agreement to assist the City in utilizing such funds and the CDBG program in a manner compliant with the requirements of 24 CFR Part 570 and 2 CFR Part 200, and all other federal, state, and local laws, statutes, regulations and/or requirements; and WHEREAS, it is acknowledged by the Parties that although Congress has signed an appropriation bill committing the funds set forth in this Agreement, and HUD has notified City of its apportionment and approved the City's Action Plan,availability of CDBG funds to City, and thus to Subrecipient, is subject to Congressional release of such funds to HUD and HUD's release of such funds to City;and that City's obligation to provide funding to Subrecipient under this Agreement is provisional,pending the availability of such funds; NOW,THEREFORE, in consideration of the mutual covenants of the parties,the Parties - agree as follows: 1. STATEMENT OF WORK A. Activities. Subrecipient shall use City's subaward of CDBG funds in an amount not to exceed twenty thousand dollars ($20,000). Subrecipient will be responsible for administering wrap- around services to victims of interpersonal violence, in a manner satisfactory to the City and consistent with any standards required as a condition of providing the funds.This project is eligible under (05G)Services for victims of domestic violence,dating violence, sexual assault or stalking. CDBG Funds will be used to reimburse for direct client services. The primary administrative office is located at 417 S. 6th Street, Boise, ID 83702. See Attachment 1 for a map of the service location. B. National Objective. Subrecipient certifies that the activities carried out using the City's CDBG funds provided by City under this Agreement will meet one or more of the CDBG program's National Objectives as defined in 24 CFR 570.208(a)(2). PY23 SUBRECIPIENT AGREEMENT-FACES OF HOPE VICTIM SERVICES PAGE 1 OF 29 C. Level of Service. Subrecipient's activities under this Agreement shall provide at least 200 total Units of Service over the term of this Agreement. For the purposes of this Agreement, "Units of Service" shall be defined as "Victims of Interpersonal Violence." Subrecipient shall verify that the household is an assumed beneficiary or that the income of clientele served by City's CDBG funds, as defined in 24 CFR § 5.609, does not exceed the maximum limits as determined by the U.S.Department of Housing and Urban Development. The current income guidelines are located in the Subrecipient Toolbox at https:Hmeridiancity.org/cdbg/. D. Staffing. Subrecipient agrees to provide the City with an Hourly Billing Rate worksheet and job description for each staff member that will be paid using CDBG funds prior to Subrecipient's initial reimbursement request. E. Special Conditions. 1. Subrecipient understands and agrees that the allocation of CDBG funds may be used to provide services and programs only to City of Meridian residents. If applicable, Subrecipient shall verify that any and all persons who receive funds granted to Subrecipient pursuant to this Agreement("Client") a) reside within the city limits of Meridian, Idaho and b) meet the current CDBG income eligibility guidelines. Subrecipient must deem any Client who does not meet the above requirements to be ineligible to receive CDBG funds and shall suspend use of federal funds for the Client. 2. Subrecipient certifies that Subrecipient is in compliance with all applicable Fair Housing Laws, Section 504 of the Rehabilitation Act, and Americans with Disabilities Act requirements. 3. City reserves the right to make unannounced visits to Subrecipient's location in order to verify compliance with all program requirements. 4. If applicable, Subrecipient may utilize HUD's Income Calculator at https://www.hudexchange.info/incomecalculator/to determine annual household income of any or all Clients based on CDBG criteria. - F. Time of performance. Services of Subrecipient shall start on or after October 1, 2023 and end on September 30,2024. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. II. SUBRECIPIENT'S ADMINISTRATIVE REQUIREMENTS A. General Compliance. Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) including subpart K of these regulations,except that(1) Subrecipient does not assume the City's environmental responsibilities described in 24 CFR 570.604 and (2) Subrecipient does not assume the City's responsibility for initiating the review process under the provisions of 24 CFR Part 52, and all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this Agreement. A copy of the Environmental Review Record is included as Attachment 5. PY23 SUBRECIPIENT AGREEMENT-FACES OF HOPE VICTIM SERVICES PAGE 2 OF 29 B. Uniform administrative requirements. Subrecipient shall comply with applicable uniform administrative requirements, as described in 24 CFR § 570.502. C. Performance monitoring. City will monitor the performance of Subrecipient against goals and performance measures as set forth herein. Performance monitoring shall include City's review of Subrecipient's submitted documents for accuracy and completion, as well as a risk analysis that will determine if the City will conduct a desk review and/or an on-site visit from City's Community Development Program Coordinator to review the completeness and accuracy of records maintained. A copy of the risk analysis is included as Attachment 2. Substandard performance as determined by City shall constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within fourteen days (14) after being notified by City, City shall initiate termination procedures. Additionally, Subrecipient will be allowed no more than three noncompliance performance standards throughout the contract. Noncompliance includes, but is not limited to: missing a deadline,providing inaccurate monthly data, delinquent progress report submission, and/or not providing correct supporting documentation. The first occurrence will result in a warning;the second a formal letter of noncompliance; and the third will result in a formal letter notifying Subrecipient that Subrecipient is not eligible to request funding for the following grant cycle. City may share Subrecipient performance and monitoring results with other local CDBG grantees and/or agencies who are providing funding to Subrecipient. D. Budget. Subrecipient shall adhere to the budget included as Attachment 6. Subrecipient shall obtain written approval from City prior to any change in use of funds. E. Progress Reports. Subrecipient shall submit progress reports monthly via the City's online portal. Instructions on submitting progress reports are located in the Subrecipient Toolbox at https:Hmeridiancity.org/cdbg/. Progress reports will be due 15 days after the last day of the reporting period. If progress reports are delinquent,reimbursement requests will not be processed until the delinquency is cured. Subrecipient must timely submit progress reports even if no activities are conducted within the reporting period. F. Supplementation of other funds. Subrecipient agrees to utilize funds available under this Agreement to supplement, rather than supplant, funds otherwise available. G. Client Data. If applicable, subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: client name, address, income level or other basis for determining eligibility, race, ethnicity, and description of service provided. Such information shall be made available for review upon City's request. Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information,when not directly connected with the administration of City or Subrecipient's responsibilities under this Agreement, is prohibited by the Financial Privacy Act unless written consent is obtained from such person receiving service and, in the case of a minor,that of a responsible parent/guardian. PY23 SUBRECIPIENT AGREEMENT-FACES OF HOPE VICTIM SERVICES PAGE 3 OF 29 H. Closeout. Subrecipient's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but shall not be limited to: making final payments, submitting final report(s), disposing of program assets (including the return of all unused materials, equipment,unspent cash advances,program income balances, and accounts receivable to City), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that Subrecipient has control over CDBG funds, including program income. I. Audits and inspections. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to City,HUD or its agent, or other authorized federal officials, at any time during normal business hours, as often as deemed necessary,to audit, examine, and make excerpts or transcripts of all relevant data for purposes of investigation to ascertain compliance with the rules,regulations and provisions stated herein. Any deficiencies noted in audit reports must be fully repaired by Subrecipient within thirty(30) days after receipt of such report by Subrecipient. Failure of Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Subrecipient shall comply with 2 CFR § 200.501,which requires that all non- Federal entities that expend $750,000 or more in Federal awards, in one year, have a single or program-specific audit. If the threshold is not met for a single or program audit, Subrecipient will provide a certified financial statement. J. Suspension and Debarment. Pursuant to 2 CFR Part 180 and 2 CFR Part 200, Appendix II, section(H), Subrecipient is prohibited from contracting with any party that is suspended or debarred, i.e.,listed on the governmentwide exclusions in the System for Award Management. K. Payment Procedures. 1. Indirect Costs. The City will only reimburse Subrecipient for indirect costs that comply with 2 CFR 200, subpart E and have been previously approved, in writing, by the Community Development Program Coordinator. 2. Payment Procedures. City will pay to Subrecipient funds available under this Agreement based upon information submitted by Subrecipient and consistent with any approved budget and City policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by Subrecipient,and not to exceed actual cash requirements. Payments will be adjusted by City in accordance with advance fund and program income balances available in Subrecipient's accounts. In addition, City reserves the right to liquidate funds available under this Agreement for costs incurred by City on behalf of Subrecipient. 3. Reimbursement requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed twenty thousand dollars ($20,000) City will not accept or process reimbursement requests prior to City's reception of Congressional Release of Funds;the Community Development Program Coordinator shall notify Subrecipient of such release and the opportunity to submit reimbursement requests. Reimbursement requests for the payment of eligible expenses shall be made against the activity specified, in accordance with performance, and as expenses are incurred by Subrecipient.Reimbursement requests shall only be accepted via the City's online portal and must be completed in full to be processed. Instructions to submit reimbursement PY23 SUBRECIPIENT AGREEMENT-FACES OF HOPE VICTIM SERVICES PAGE 4 OF 29 requests are located in the Subrecipient Toolbox at https://meridiancity.org/cdbg/. All reimbursement requests are to be submitted as needed in coordination with the Community Development Program Coordinator. Reimbursement requests shall include the following: transaction detail completed for the relevant draw request period,timesheets in compliance with 2 CFR 200.430 (if applicable), and proof of payment by Subrecipient(such as copy of receipt of payment and/or other relevant documentation of payment). Reimbursement requests must be submitted within fifteen (15) calendar days from the close of each month of the program year except for the final reimbursement request. City will process reimbursement requests once per month. Subrecipient's final reimbursement request under this Agreement must be submitted by Subrecipient no later than October 30, 2024 and must include a Closeout Certification form which can be found in the Subrecipient Toolbox at https://meridiancity.org/cdbg/. Subrecipient shall forfeit reimbursement for any costs not requested within the timeframes set forth in this provision,unless otherwise authorized,in writing, by City. a. Reversion of assets to City. Pursuant to 24 CFR § 570.503(b)(7), upon expiration or termination of this Agreement, Subrecipient shall transfer to City any and all CDBG funds on hand at the time of expiration and any and all accounts receivable attributable to the use of CDBG funds. b. Unique entity identifier. Subrecipient shall comply with requirements established by the U.S. General Services Administration concerning the Unique Entity Identifier, the System for Award Management("SAM") and,per 2 CFR § 170.320,the Federal Funding Accountability and Transparency Act, including Appendix A to 2 CFR part 25. L. Documentation required prior to real estate transactions. Where City's CDBG funds are used for real estate acquisition, as early as practicable, and not less than two (2)weeks prior to the completion of each transaction, Subrecipient shall provide the address of real property under consideration to City for floodplain and related environmental review. Failure to provide the address of the housing unit under consideration in advance of the anticipated close date may result in added expenses for the beneficiary or Subrecipient, or refusal of reimbursement by City. Subrecipient shall maintain real property inventory records that clearly identify properties purchased, improved,rented, or sold. M. Housing Affordability. Where the City's CDBG funds are used for homeownership assistance,the housing must qualify as affordable per Section 215 of the National Affordable Housing Act. N. National Objectives met for five (5)years. Pursuant to 24 CFR § 570.503(b)(7)(i), real property that is acquired or improved, in whole or in part,with funds under this Agreement in excess of$25,000 shall be used to meet one of the CDBG National Objectives until five (5) years after expiration of this Agreement. If the use of the CDBG-assisted real property fails to meet a CDBG National Objective for this prescribed period of time, Subrecipient shall pay City an amount equal to the current market value of the property, less any portion of the value attributed to expenditures of non-CDBG funds for acquisition of or improvement to the property. Such payment shall constitute program income to City. Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period. PY23 SUBRECIPIENT AGREEMENT-FACES OF HOPE VICTIM SERVICES PAGE 5 OF 29 O. Compliance with procurement policies. Subrecipient shall comply with current Federal, State, and City policies concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided hereunder. P. Sale of equipment. In all cases in which equipment acquired in whole or in part with funds under this Agreement is sold,the proceeds shall be program income,prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment. Equipment purchased with funds received under this Agreement but not needed by Subrecipient for activities under this Agreement shall be (a)transferred to City for the CDBG program or(b)retained after compensating City an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment. Q. Program income. 1. Remittance at end of program year. Pursuant to 24 CFR § 570.503(b)(3) and Pursuant to 24 CFR § 570.504(c),at the end of the program year, the City may require remittance of all or part of any program income balances, including investments thereof, held by Subrecipient, except those needed for immediate cash needs, cash balances of a revolving loan fund, cash balances from a lump sum drawdown, or cash or investments held for section 108 security needs. 2. Recording program income. Pursuant to 24 CFR § 570.504(a),the receipt and expenditure of program income shall be recorded as part of the financial transactions of the grant program. 3. Disposition if received before closeout. Pursuant to 24 CFR § 570.504(b)(1),program income received before grant closeout may be retained by the recipient if the income is treated as additional CDBG funds subject to all applicable requirements governing the use of CDBG funds,and will be subject to all provisions of Pursuant to 24 CFR §§ 570.504(b) and (c),both prior to and upon closeout. R. Records and reports. 1. Records to be maintained. In addition to specific records mentioned in this Agreement, Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including, but not limited to, those required by the Federal regulations specified in 2 CFR § 200.302(b) and 24 CFR § 570.506, including: a. Full descriptions and records of each activity undertaken; b. Records related to activities meeting the National Objectives; c. Records required to determine the eligibility of activities for CDBG funding; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG Program; f. Financial records, as required by 570.506(h); g. Other records necessary to document compliance with 24 CFR Part 570, Subpart K; h. Identification of CDBG funds received and expended and the Federal programs under which they were received, including Federal award identification number and year and PY23 SUBRECIPIENT AGREEMENT-FACES OF HOPE VICTIM SERVICES PAGE 6 OF 29 name of the pass-through entity (City of Meridian); i. Records that identify adequately the application of CDBG funds, including information pertaining to Federal awards, authorizations, financial obligations, unobligated balances, assets, expenditures, income and interest; such records shall be supported by source documentation; j. Comparison of expenditures with budget amounts for each Federal award. k. Written procedures to implement the requirements of 2 CFR § 200.305; and 1. Written procedures for determining the allowability of costs in accordance with subpart E of this part and the terms and conditions of the Federal award. 2. Records retention. Subrecipient shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five(5) years after the termination of all activities funded under this Agreement,defined as the date of the submission of City's final annual performance and evaluation report to HUD. Records for non-expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. If, prior to the expiration of the five-year period, any litigation, claims, audits, negotiations or other actions begin that involve any of the records cited, such records shall be retained until completion of the actions and resolutions of all issues, or the expiration of the five-year period,whichever occurs later. III. EMPLOYMENT AND LABOR CONDITION REQUIREMENTS A. Equal Employment Opportunity. Per 2 CFR Part 200,Appendix II, section (C) and 41 CFR § 60-1.4(b),the equal opportunity clause set forth in 41 CFR § 60-1.4(b) is incorporated herein by reference, and shall apply as though set forth fully herein. B. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1974,the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975,Executive Order 11063,Executive Order 11246 as amended by Executive Orders 11375 and 12086, and 24 CFR §§ 570.601 and 570.602. Subrecipient, in undertaking its obligation to carry out the program assisted hereunder,agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. C. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR § 570.607. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act of 1974 (24 CFR § 6) are also applicable. Subrecipient will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. Subrecipient will take affirmative action to ensure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion,transfer, recruitment or recruitment advertising, layoff,termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. D. ADA Section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 701 et sect.), which PY23 SUBRECIPIENT AGREEMENT—FACES OF HOPE VICTIM SERVICES PAGE 7 OF 29 prohibits discrimination against the handicapped in any federally assisted activities. City shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. E. Small,Women- and Minority-Owned Businesses. Per 2 CFR § 200.321, Subrecipient must take all necessary affirmative steps to assure that small businesses, minority businesses, women's business enterprises, and labor surplus area firms are used when possible F. Affirmative Action. Subrecipient agrees that it shall be committed to carry out pursuant to City's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds if applicable. G. Notice to workers. Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice,to be provided by the agency contracting officer, advising the labor union or workers' representative of Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. H. Solicitations for employment. Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. I. Drug Free Workplace. Subrecipient certifies it is in compliance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701)which requires grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drugfree workplaces. Each potential recipient must certify that it will comply with drugfree workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F. J. Faith-based organizations. Pursuant to 24 CFR § 570.2000), if Subrecipient is a faith-based organization, Subrecipient agrees to expend funds provided under this Agreement in accordance with 24 CFR § 5.109. K. Labor standards. Per 2 CFR Part 200, Appendix I1, section (D), Subrecipient agrees to comply with all applicable requirements of the Secretary of Labor in accordance with the Davis-Bacon Act(40 U.S.C. §§ 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5) as amended. In accordance with the statute, Subrecipient or Subrecipient's subcontractor must pay wages to laborers and mechanics at a rate not less than the prevailing wages as specified in a wage determination made by the Secretary of Labor. In addition, Subrecipient or Subrecipient's subcontractor must be required to pay wages not less than once a week. Subrecipient must include a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. Further,the provisions of Agreement Work Hours and Safety Standards Act; the Copeland "Anti-Kickback"Act(40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3), under which Subrecipient or Subrecipient's subcontractor is prohibited from inducing, by any means, any person employed in the construction,completion, or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled. PY23 SUBRECIPIENT AGREEMENT-FACES OF HOPE VICTIM SERVICES PAGE 8 OF 29 Subrecipient further acknowledges and agrees that all contractors engaged under contracts in excess of$2,000.00 for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with Federal requirements pertaining to such Agreements and with the applicable requirements of the regulations of the Department of Labor,under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided,that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Subrecipient or its subcontractors of its obligation, if any,to require payment of the higher wage. Per 2 CFR Part 200,Appendix II, section (E),the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701-3708)applies to contracts in excess of$100,000. L. Conflicts of interest; nepotism. Subrecipient agrees to abide by the provisions of 24 CFR § 570.611. Further, no person who exercises or has exercised any function or responsibility with respect to CDBG-assisted activities, or who is in a position to participate in a decision-making process or gain inside information with regard to such activities,may obtain a financial interest in activities funded under this Agreement, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1)year thereafter. M. Rights to Inventions. Per 2 CFR Part 200,Appendix 1I, section (F), if Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work, Subrecipient must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. N. Lobbying; political activities. Subrecipient hereby certifies that: No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal agreement,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension,continuation,renewal, amendment,or modification of any Federal agreement, grant, loan, or cooperative agreement; If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; Subrecipient will require that the following language be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly: PY23 SUBRECIPIENT AGREEMENT-FACES OF HOPE VICTIM SERVICES PAGE 9 OF 29 "This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not let less than$10,000 and not more than $100,000 for each such failure." The foregoing certification is a material representation of fact upon which reliance is placed by City. Per 31 U.S.C. § 1352 and 2 CFR Part 200,Appendix II, section(1),submission of this certification may be a prerequisite for making or entering into this transaction. Subrecipient further agrees that no funds provided,nor personnel employed under this Agreement, shall be in any way or to any extent engage in the conduct of political activities in violation of the Hatch Act (Title V, Chapter 15, U.S.C.). O. Section 3 of the Housing and Urban Development Act of 1968. 1. Compliance. Compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701) ("Section 3"), the regulations set forth in 24 CFR Part 75, Subpart C, and all applicable rules and orders issued thereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and shall be binding upon City and any contractors and/or subcontractors. Section 3 will apply to a project if there is over$200,000 of HUD housing and community development financial assistance to the project(or$100,000 of Lead Hazard or Healthy Homes funding). Failure to fulfill these requirements shall subject City, Subrecipient and any of Subrecipient's contractors and subcontractors, their successors and assigns,to those sanctions specified by the Agreement through which Federal assistance is provided. Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. 2. Subcontract language. Subrecipient further agrees to include the CDBG Supplemental General Conditions in all applicable subcontracts executed under this Agreement. The CDBG Supplemental Conditions can be found in Attachment 7 (if applicable) and includes the Section 3 requirements located at 24 CFR § 75.19(b). P. Build America, Buy America Act. Subrecipient must comply with the requirements of the Build America,Buy America(BABA) Act, 41 USC 8301 note, and all applicable rules and notices,as may be amended, if applicable to the Subrecipient's infrastructure project. Pursuant to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance" (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver. IV. ENVIRONMENTAL CONDITIONS No funds will be released until City conducts an environmental assessment and makes a determination of"No Significant Impact" in compliance with 24 CFR Part 58 and other federal, state, and local laws and regulations. If applicable,the City will issue a Notice to Proceed once the environmental review is completed and is accepted by the City and/or HUD. PY23 SUBRECIPIENT AGREEMENT-FACES OF HOPE VICTIM SERVICES PAGE 10 OF 29 A. Air and Water. Subrecipient specifically agrees to comply with the following regulations insofar as they apply to the performance of this Agreement: 1. Clean Air Act,42 U.S.C. §§ 7401, et seq. and 2 CFR Part 200,Appendix II,section(G). 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq., relating to inspection,monitoring, entry reports,and information,as well as other requirements specified in said Act, and all regulations and guidelines issued thereunder. 3. Environmental Protection Agency(EPA)regulations pursuant to 40 C.F.R. Part 50. B. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001), Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained, and shall assure compliance with Title 10, Chapter 6, Meridian City Code, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead-Based Paint. Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations,24 CFR Part 35, implementing Title X of the Housing and Community Development Act of 1992. These regulations revise the CDBG lead based paint requirements under 24 CFR § 570.608. Such regulations pertain to all CDBG-assisted housing and require that all owners,prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood level screening for children under seven. The notice must also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment,treatment and/or abatement may be conducted. D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470) and the procedures set forth in 36 CFR Part 800,Advisor Council on Historic Preservation Procedures for Protection of Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years or older or that are included on a Federal, state or local historic property list. E. Endangered Species. Subrecipient agrees to comply with the provisions outlined in the Endangered Species Act of 1973, as amended, for the preservation and protection of endangered species. This obligation mandates that the Subrecipient takes all necessary measures to prevent any actions that could jeopardize the continued survival of species listed under the Act and to refrain from causing harm or alteration to their critical habitats. Additionally,the Subrecipient is obliged to adhere to proper waste management practices, ensuring that waste materials are either recycled or disposed of in an environmentally responsible manner, using EPA-approved sanitary or hazardous waste disposal facilities. PY23 SUBRECIPIENT AGREEMENT—FACES OF HOPE VICTIM SERVICES PAGE 11 OF 29 F. Noise Abatement and Control. Subrecipient agree to comply with the guidelines outlined in the Noise Control Act of 1972,as well as the relevant directives provided by the General Services Administration Federal Management Circular 75-2,titled "Compatible Land Uses at Federal Airfields," and Title 24 CFR 51 Subpart B to mitigate excessive noise exposure, particularly in residential areas. For the rehabilitation of existing residential properties, the Subrecipient will enhance the building envelope for any components they address. Strategies may include the installation of improved windows and doors, reinforced sheathing, insulation, and sealing gaps, among other measures. V. GENERAL CONDITIONS A. Appropriation. It is acknowledged by the Parties that although Congress has signed an appropriation bill committing the funds set forth in this Agreement, and HUD has notified City of its apportionment and approved the City's Action Plan, availability of CDBG funds to City, and thus to Subrecipient, is subject to Congressional release of such funds to HUD and HUD's release of such funds to City. Unless and until HUD releases the funds, City shall have no contractual, legal, or equitable obligation to Subrecipient. In the event that CDBG funds are not made available to City,whether by Congress or by HUD,this Agreement shall be void, and City shall have no obligation to Subrecipient,whether under this Agreement or under any legal or equitable claim. B. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when emailed,personally served, or mailed in the United States mail, addressed as follows: If to City: If to Subrecipient: City of Meridian Paige Dinger, Executive Director Attn: Crystal Campbell, Community FACES of Hope Foundation Development Program Coordinator 417 S. 6th Street 33 E. Broadway Avenue Boise, ID 83702 Meridian,Idaho 83642 paige@facesofhopefoundation.org campbell@meridiancity.org Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. C. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning CDBG funds, including, but not limited to, 24 CFR Part 570 and subpart K of such regulations. Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this Agreement, except that: (1) Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR § 570.604; and(2) Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 58. D. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Subrecipient shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement. City shall provide no benefits or insurance coverage whatsoever to Subrecipient and/or to its agents. PY23 SUBRECIPIENT AGREEMENT—FACES OF HOPE VICTIM SERVICES PAGE 12 OF 29 E. Indemnity. Subrecipient, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in Subrecipient's programming, shall hold harmless, defend and indemnify City from and for all such losses, claims, actions, and/or judgments for damages or injury to persons or property and/or losses and expenses caused or incurred by Subrecipient and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and participants in its programming, and other costs, including litigation costs and attorneys' fees, arising out of,resulting from, or in connection with the performance of this Agreement by Subrecipient and/or Subrecipient's employees, agents, contractors, subcontractors, officials, officers, servants, guests, invitees, participants, and/or volunteers and resulting in and/or attributable to personal injury, death, and/or damage and/or destruction to tangible or intangible property. F. Workers' Compensation. Subrecipient shall maintain workers' compensation insurance coverage, in the amount required by Idaho law,for all employees involved in the performance of this Agreement. G. Insurance. Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft,fraud and/or undue physical damage. At a minimum, Subrecipient must provide the equivalent insurance coverage for real property and equipment acquired or improved with CDBG funds as provided to property owned by the non-Federal entity. For construction or facility improvement contracts or subcontracts exceeding the simplified acquisition threshold as defined in 41 U.S.C. 134 and Appendix II, section (A), Subrecipient must comply with bonding requirements set forth in 2 CFR § 200.325. H. Grantee Recognition. Subrecipient shall ensure recognition of the role of the City in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. I. Amendments. The parties hereto may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each party, and approved by City's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release either party from its obligations under this Agreement. City may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both parties. J. Termination (see 2 CFR Part 200,Appendix II, section (B)). 1. Termination for convenience. Either party may terminate this Agreement by, at least thirty (30) days before the effective date of such termination,giving written notice to the other party of such termination and specifying the effective date thereof. 2. Termination for cause. Termination of this Agreement, in whole or in part,may occur for cause,which shall include, but shall not be limited to, the following: PY23 SUBRECIPIENT AGREEMENT-FACES OF HOPE VICTIM SERVICES PAGE 13 OF 29 a. Failure to comply with any of the rules,regulations or provisions referred to herein,or such statutes,regulations,executive orders,and HUD guidelines, policies or directives as may become applicable at any time; b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; c. Ineffective or improper use of funds provided under this Agreement; or d. Submission of reports that are incorrect or incomplete in any material respect. Either Party may terminate this Agreement for cause by providing written notice to the other of the basis of termination. The defaulting Party shall have fourteen (14) days to cure the deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time period,the other Party shall terminate this Agreement for cause. In addition to termination of this Agreement and/or any other remedies as provided by law, City may declare Subrecipient ineligible for any further participation in City CDBG programming. 3. Work completed. In the event of any termination, all finished or unfinished documents, data, studies, surveys, maps,models, drawings,photographs, reports, and/or other materials that are the property of and prepared by Subrecipient under this Agreement shall become the property of City, and Subrecipient shall provide same within seven (7) days of City's demand therefor. Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. K. Assignment. Subrecipient shall not assign or transfer any interest in this agreement without prior written consent of City;provided, however,that claims for money due or to become due to Subrecipient from City under this Agreement may be assigned to a bank,trust company, or other financial institution without such approval. Notice of any assignment or transfer shall be furnished promptly to City. L. Subcontractors. 1. City must approve. Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of City. All subcontracts entered into in the performance of this Agreement shall be awarded pursuant to any applicable provisions of the City Purchasing Policy and/or local, state, or federal laws. 2. Monitoring. Subrecipient shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by City, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 3. Subcontract content. Subrecipient shall cause all provisions of this Agreement in their entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. Specifically,without limitation, Subrecipient shall include the provisions of this Agreement regarding Civil Rights and Affirmative Action in every PY23 SUBRECIPIENT AGREEMENT-FACES OF HOPE VICTIM SERVICES PAGE 14 OF 29 subcontract or purchase order, specifically or by reference,to ensure that such provisions will be binding upon all subcontractors. 4. Documentation. Executed copies of all subcontracts shall be forwarded to City along with documentation concerning the selection process. M. Relocation,real property acquisition, and one-for-one housing replacement. Subrecipient agrees specifically,without limitation,to comply with: 1. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended(URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); 2. The requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under 24 CFR part 42,subpart B; and 3. The requirements in 24 CFR 570.606(d) governing optional relocation policies. Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2)that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. N. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. O. Severability. If any provision of this Agreement is held to be invalid,the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. P. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. Q. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. R. Attachments. All attachments and/or exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. S. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and Subrecipient. PY23 SUBRECIPIENT AGREEMENT—FACES OF HOPE VICTIM SERVICES PAGE 15 OF 29 IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: FACES of Hope Foundation 10/5/23 Paige E nger, Exe utive Director Date CITY: City of Meridian Attest: By: Robert E. Simison, Mayor 10-17-2023 Chris Johnson, City Clerk 10-17-2023 PY23 SUBRECIPIENT AGREEMENT—FACES OF HOPE VICTIM SERVICES PAGE 16 OF 29 Attachment 1: Location of Service Area Legend ■ �. CHINDENIIMI � p ` � t Z ■ N - MCMILLAN a 0 t USTICK �� ,r O ■ ■ CHERRY +—FAIRVIEWI4 • !� • • • • • • • • ► • •a PIN E► • •"i •• • • �._ EVE FRANKUN _Z U U ~►W-v OVERLAND VICTORY ■ ■ AMITY a a LAKE-HAZE- 0 - • City E � MI 0 HUM. on Pus map Is comct to mns[an[IN:Son.The Crty of Ntenouarantee as to Q�e ,and • ,nsibOlry for the infortnaeon con Cameo on Pus map- Date: PY23 SUBRECIPIENT AGREEMENT—FACES OF HOPE VICTIM SERVICES PAGE 17 OF 29 Attachment 2: Risk Analysis Factor Low Risk (1 point) Med Risk (3 High Risk oints) points) Type of Contract 3 Med Risk= Housing/Public Services Low Risk= Public Facilities/Infrastructure/Planning Contract Amount 1 High Risk= $80000+ Med Risk= $45000 -$79999 Low Risk = $0 -$44999 Experience with Meridian CDBG 3 Med Risk= No Low Risk= Yes New Activity for Subrecipient 1 High Risk=Yes Low Risk= No Number of Clients Served 3 Med Risk= More than 50 Low Risk= Less than 50 Admin Expenses 1 High Risk= More than 20% of budget OR Staff Costs for Homeowner Repair more than 50% Low Risk= 20% of budget or less Key Organizational Change 3 High Risk= Executive Director/Financial Manager/Program Manager Med Risk= Other Key Staff Low Risk= None Systems Change 1 Med Risk= Major Low Risk= Minor/None Program Delays 3 Med Risk= CDBG Program did not begin on schedule/New Program Low Risk= CDBG Program began on schedule Progress Reports 3 Med Risk= History of reports submitted late (25% or more late)/New Program Low Risk = History of reports submitted on time (more than 75%) PY23 SUBRECIPIENT AGREEMENT—FACES OF HOPE VICTIM SERVICES PAGE 18 OF 29 Met Goals in Previous Years 3 Med Risk= No/New Program Low Risk=Yes/Met at least 75% Financial Audit 1 High Risk= Audit with moderate to serious findings/No audit although required Low Risk=Audit with no/minor findings Last Monitoring Visit 10 High Risk= New Program/Not Renewed Med Risk= 2+years Low Risk= Less than 2 years Corrective Action (Any Monitoring) 3 High Risk= Current Major Findings (e.g. would affect services/clients/financial concern) Med Risk= New Program/Current Concerns (e.g. require action but no serious impact) Low Risk= No Findings or Concerns 5 24 10 Risk Score 39 Level of Risk High Risk (36+ points) Comments This is a new partnership, so it is considered high-risk. Level of Risk Definitions Low Risk<25 points Project requires a minimal amount of monitoring. Activities under this category will be monitored primarily via internal desk monitoring procedures on an annual basis, unless situations dictate otherwise. On-site monitoring will generally take place at least every two years. Medium Risk 26-35 points Projects will be monitored via internal bi-annual desk monitoring's and on-site monitoring no less than every two years.The on-site monitoring review will be conducted preferably within the first six months of the chosen program year. Based upon the results of the monitoring visit, staff will determine the need for and frequency of additional technical assistance visits and/or on-site PY23 SUBRECIPIENT AGREEMENT—FACES OF HOPE VICTIM SERVICES PAGE 19 OF 29 compliance reviews. These activities will generally be monitored after high priority activities have been adequately addressed. High Risk 36+points Projects will receive priority for monitoring. High priority activities will generally be monitored annually within the first 6 months of the program year. High-risk subrecipients may also be required to submit additional documentation as needed to allow for closer evaluation of the project through desk monitoring. CDBG Program Coordinator: Crystal ca4npb7eW Electronically signed by ccompbell@meridiancity.org on 912612023 5:53 PM Date Signed: 09/26/2023 Supervisor: Da4l eL7o mk Electronically signed by dtorres@meridiancity.org on 912712023 8:12 AM Date Signed: 09/27/2023 PY23 SUBRECIPIENT AGREEMENT-FACES OF HOPE VICTIM SERVICES PAGE 20 OF 29 Attachment 3: Signing Authority Complete the form to designate signing authority. Subrecipient Name: Family Advocacy Center and Education Services DBA: Faces of Hope Foundation Project Name: Faces of Hope PY23-26 Program Year: FY23 — Start Date:2023 End Date: 2026 Sally Heckathorn Accounting Manager Name Title Authorized to sign for(check all that Sally Heckathorn apply): Identifying Signature 2 Financial C? Contractual Name Title Authorized to sign for(check all that apply): Identifying Signature ❑ Financial ❑ Contractual Name Title Authorized to sign for(check all that apply): Identifying Signature ❑ Financial ❑ Contractual Signing authority for the above individuals is authorized by: Paige Dinger Executive Director Name Title 19# 10/5/23 Signature Date PY23 SUBRECIPIENT AGREEMENT—FACES OF HOPE VICTIM SERVICES PAGE 21 OF 29 Attachment 4: Federal Certifications The following are required as referenced below. Subrecipient Name: Family Advocacy Center and Education Services DBA: Faces of Hope Foundation Project Name: Faces of Hope PY23-26 Program Year: FY23 Start Date: 2023 End Date: 2026 Subrecipient maintains a policy for and complies with the following: Yes No N/A Policy ❑ ❑ EX ADA/Section 504 [29 U.S.C. § 701] K ❑ ❑ Confidentiality [2 CFR § 200.303(e)] X] ❑ ❑ Conflict of Interest [2 CFR § 200.318(c)(1);24 CFR § 570.6111 X ❑ ❑ Drug Free Workplace [24 CFR part 24, subpart F] g1 ❑ ❑ Equal Employment Opportunity [2 CFR Part 200; 41 CFR § 60-1.4(b)] ❑ ❑ K Fair Housing [Fair Housing Act] (if applicable) [� ❑ ❑ Nondiscrimination [24 CFR § 570.607] ❑ ❑ )L Procurement [2 CFR § 200.318(a)] (if applicable) Is Subrecipient a nonprofit entity? L2Yes ❑No Per 2 CFR § 200.415 major nonprofit organizationslare ineligible for this funding. If the agency is a nonprofit,please select one of the following: L3 Organization is not a major nonprofit organization. ❑ Organization is a major nonprofit organization. By signing this form, I certify the above is true and correct to the best of my knowledge. Paige Dinger Executive Director Name Title 40 10/5/23 Signature Date A major nonprofit organization is defined in§200.414(a)as an organization receiving more than$10 million in direct federal funding. PY23 SUBRECIPIENT AGREEMENT-FACES OF HOPE VICTIM SERVICES PAGE 22 OF 29 Attachment 5: Environmental Review Environmental Review for Activity/Project that is Exempt or Categorically Excluded Not Subject to Section 58.5 Pursuant to 24 CFR 58.34(a) and 58.35(b) Project Information Project Name: Faces-of-Hope-PY23-26 HERDS Number: 900000010353992 Responsible Entity(RE): MERIDIAN, 33 E Idaho Ave Meridian ID, 83642 State/Local Identifier: ID RE Preparer: Crystal Campbell Grant Recipient(if different than Responsible Entity): Point of Contact: Consultant(if applicable): Point of Contact: Project Location: 1850 S Eagle Rd, Meridian, ID 83642 Additional Location Information: N/A Description of the Proposed Project[24 CFR 50.12&58.32;40 CFR 1508.25]: Faces of Hope provides wraparound services for Meridian residents who are victims of interpersonal violence. Services will be provided at Faces of Hope and in the community as necessary.The City anticipates using$20,000 to$50,000 of CDBG funding per year during each of the remaining years in the 2022-2026 Consolidated Plan.This Environmental Review will cover that span.CDBG funds will be used to assist an estimated 200 victims per year. Faces of Hope assists participants throughout the year, but availability of funding is dependent on a competitive annual application and the congressional release of funding. Level of Environmental Review Determination: Activity/Project is Categorically Excluded Not Subject to per 24 CFR 58.35(b): 58.35(b)(2) Signature Page ER Sig Page.pdf PY23 SUBRECIPIENT AGREEMENT—FACES OF HOPE VICTIM SERVICES PAGE 23 OF 29 Funding Information Grant/ Project HUD Program Program Name Identification Number B23MW160006 Community Planning and Community Development Block Grants Development (CPD) (CDBG) (Entitlement) Estimated Total HUD Funded,Assisted $20,000.00 or Insured Amount: Estimated Total Project Cost [24 CFR 58.2(a) (5)1: $20,000.00 Compliance with 24 CFR§50.4&§58.6 Laws and Authorities Compliance Factors: Are formal Compliance determination Statutes, Executive Orders,and compliance steps (See Appendix A for source Regulations listed at 24 CFR §50.4& or mitigation determinations) §58.6 required? STATUTES, EXECUTIVE ORDERS,AND REGULATIONS LISTED AT 24 CFR§50.4&§58.6 Airport Runway Clear Zones and ❑ Yes Q No Based on the project description the Clear Zones project includes no activities that would 24 CFR part 51 require further evaluation under this section.The project is in compliance with Airport Runway Clear Zone requirements. Coastal Barrier Resources Act ❑ Yes Q No This project is located in a state that Coastal Barrier Resources Act, as does not contain CBRS units. Therefore, amended by the Coastal Barrier this project is in compliance with the Improvement Act of 1990 [16 USC Coastal Barrier Resources Act. 3501] Flood Insurance ❑ Yes Q No Based on the project description the Flood Disaster Protection Act of project includes no activities that would 1973 and National Flood Insurance require further evaluation under this Reform Act of 1994 [42 USC 4001- section.The project does not require 4128 and 42 USC 5154a] flood insurance or is excepted from flood insurance.While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance underthe National Flood Insurance Program (NFIP).The project is in compliance with Flood Insurance requirements. PY23 SUBRECIPIENT AGREEMENT—FACES OF HOPE VICTIM SERVICES PAGE 24 OF 29 Mitigation Measures and Conditions [CFR 40 1505.2(c)]: Summarized below are all mitigation measures adopted by the Responsible Entity to reduce, avoid or eliminate adverse environmental impacts and to avoid non-compliance or non-conformance with the above-listed authorities and factors. These measures/conditions must be incorporated into project contracts, development agreements and other relevant documents.The staff responsible for implementing and monitoring mitigation measures should be clearly identified in the mitigation plan, Law,Authority, Mitigation Measure or Condition Comments on Mitigation Complete or Factor Completed Plan Measures Project Mitigation Plan Supporting documentation on completed measures PY23 SU13RECIPIENT AGREEMENT—FACES OF HOPE VICTIM SERVICES PAGE 25 OF 29 APPENDIX A: Related Federal Laws and Authorities Airport Runway Clear Zones General policy Legislation Regulation It is HUD's policy to apply standards to 24 CFR Part 51 Subpart D prevent incompatible development around civil airports and military airfields. 1. Does the project involve the sale or acquisition of developed property? ✓ No Based on the response,the review is in compliance with this section. Yes Compliance Determination Based on the project description the project includes no activities that would require further evaluation under this section.The project is in compliance with Airport Runway Clear Zone requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No PY23 SUBRECIPIENT AGREEMENT—FACES OF HOPE VICTIM SERVICES PAGE 26 OF 29 Coastal Barrier Resources General requirements Legislation Regulation HUD financial assistance may not be Coastal Barrier Resources Act used for most activities in units of the (CBRA)of 1982,as amended by Coastal Barrier Resources System the Coastal Barrier Improvement (CBRS). See 16 USC 3504 for limitations Act of 1990 (16 USC 3501) on federal expenditures affecting the CBRS. This project is located in a state that does not contain CBRA units.Therefore,this project is in compliance with the Coastal Barrier Resources Act. Screen Summary Compliance Determination This project is located in a state that does not contain CBRS units.Therefore,this project is in compliance with the Coastal Barrier Resources Act. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No PY23 SUBRECIPIENT AGREEMENT—FACES OF HOPE VICTIM SERVICES PAGE 27 OF 29 Flood Insurance General requirements Legislation Regulation Certain types of federal financial assistance may not be Flood Disaster 24 CFR 50.4(b)(1) used in floodplains unless the community participates Protection Act of 1973 and 24 CFR 58.6(a) in National Flood Insurance Program and flood as amended (42 USC and (b); 24 CFR insurance is both obtained and maintained. 4001-4128) 55.1(b). 1. Does this project involve financial assistance for construction, rehabilitation, or acquisition of a mobile home, building, or insurable personal property? ✓ No.This project does not require flood insurance or is excepted from flood insurance. Based on the response,the review is in compliance with this section. Yes 4. While flood insurance is not mandatory for this project, HUD strongly recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP). Will flood insurance be required as a mitigation measure or condition? Yes ✓ No Screen Summary Compliance Determination Based on the project description the project includes no activities that would require further evaluation under this section.The project does not require flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP).The project is in compliance with Flood Insurance requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No PY23 SUBRECIPIENT AGREEMENT—FACES OF HOPE VICTWI SERVICES PAGE 28 OF 29 Attachment 6: Budget FACES of Hope Foundation Direct Client Services Total Victim Services Program PY23 Project#158 Award $ 20,000.00 $ 20,000.00 Draw# I Date iTimeframe 1 $ - 2 $ - 3 $ - 4 $ - 5 $ - 6 $ - 7 $ - 8 $ - 9 $ - 10 $ - 11 $ - 12 $ - Total $ - $ - Balancel $ 20,000.00 $ 20,000.00 Signature: sd, t Email: sally@ facesofhopefoundation.org PY23 SUBRECIPIENT AGREEMENT—FACES OF HOPE VICTIM SERVICES PAGE 29 OF 29 SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND BOYS &GIRLS CLUBS OF ADA COUNTY, IDAHO,INC. FOR PROGRAM YEAR 2023 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Subrecipient Agreement ("Agreement") is entered into this 17th day of October 2023 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Boys & Girls Clubs of Ada County, Idaho, Inc., a nonprofit charitable corporation organized under the laws of the state of Idaho ("Subrecipient"). WHEREAS, City is an entitlement community, and as such has applied for, and been granted authority to receive funds from the United States Department of Housing and Urban Development ("HUD") under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, i.e., Community Development Block Grant("CDBG") funds; and WHEREAS, pursuant to the terms of this Agreement, the City hereby provides a subaward of the following grant(s)to Subrecipient: grant no. B-23-MC-16-0006, awarded by HUD on August 11, 2023; WHEREAS,the City wishes to engage Subrecipient by way of this Agreement to assist the City in utilizing such funds and the CDBG program in a manner compliant with the requirements of 24 CFR Part 570 and 2 CFR Part 200, and all other federal, state, and local laws, statutes, regulations and/or requirements; and WHEREAS, it is acknowledged by the Parties that although Congress has signed an appropriation bill committing the funds set forth in this Agreement, and HUD has notified City of its apportionment and approved the City's Action Plan, availability of CDBG funds to City, and thus to Subrecipient, is subject to Congressional release of such funds to HUD and HUD's release of such funds to City; and that City's obligation to provide funding to Subrecipient under this Agreement is provisional,pending the availability of such funds; NOW,THEREFORE,in consideration of the mutual covenants of the parties, the Parties agree as follows: I. STATEMENT OF WORK A. Activities. Subrecipient shall use City's subaward of CDBG funds in an amount not to exceed twenty thousand dollars ($20,000). Subrecipient will be responsible fbr administering a scholarship program, in a manner satisfactory to the City and consistent with any standards required as a condition of providing the funds. This project is eligible under(05L) Child Care Services. CDBG Funds will be used to reimburse for scholarships for low-to moderate-income families to participate in before and after school programs as well as summer programs at a free or reduced cost. The primary administrative office is located at 610 E 42nd Street, Garden City, ID 83714. See Attachment 1 for a map of the service location. B. National Objective. Subrecipient certifies that the activities carried out using the City's CDBG funds provided by City under this Agreement will meet one or more of the CDBG program's National Objectives as defined in 24 CFR § 570.208(a)(2)(i). C. Level of Service. Subrecipient's activities under this Agreement shall provide at least 60 total PY23 SUBRECIPIENT AGREEMENT-PY23 BOYS&GiRLS CLUB SCHOLARSHIP PROGRAM PAGE 1 OF 29 Units of Service over the term of this Agreement. For the purposes of this Agreement, "Units of Service" shall be defined as"Low-to Moderate-Income Youth." Subrecipient shall verify that the household income of clientele served by City's CDBG funds, as defined in 24 CFR § 5.609, does not exceed the maximum limits as determined by the U.S. Department of Housing and Urban Development. The current income guidelines are located in the Subrecipient Toolbox at https://meridiancity.org/cdbg/. D. Staffing. Subrecipient agrees that CDBG funds provided under this Agreement will not be utilized for staffing. E. Special Conditions. 1. Subrecipient understands and agrees that the allocation of CDBG funds may be used to provide services and programs only to City of Meridian residents. If applicable, Subrecipient shall verify that any and all persons who receive funds granted to Subrecipient pursuant to this Agreement("Client") a)reside within the city limits of Meridian, Idaho and b)meet the current CDBG income eligibility guidelines. Subrecipient must deem any Client who does not meet the above requirements to be ineligible to receive CDBG funds and shall suspend use of federal funds for the Client. 2. Subrecipient certifies that Subrecipient is in compliance with all applicable Fair Housing Laws, Section 504 of the Rehabilitation Act, and Americans with Disabilities Act requirements. 3. City reserves the right to make unannounced visits to Subrecipient's location in order to verify compliance with all program requirements. 4. If applicable, Subrecipient may utilize HUD's Income Calculator at https://www.hudexchange.info/incomecalculator/ to determine annual household income of any or all Clients based on CDBG criteria. F. Time of performance. Services of Subrecipient shall start on or after October 1, 2023 and end on September 30, 2024. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. II. SUBRECIPIENT'S ADMINISTRATIVE REQUIREMENTS A. General Compliance. Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570(the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) including subpart K of these regulations, except that (1) Subrecipient does not assume the City's environmental responsibilities described in 24 CFR 570.604 and(2) Subrecipient does not assume the City's responsibility for initiating the review process under the provisions of 24 CFR Part 52, and all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this Agreement. A copy of the Environmental Review Record is included as Attachment 5. PY23 S[TBRECIPIENT AGREEMENT-PY23 BOYS&GIRLS CLUB SCHOLARSHIP PROGRAM PAGE 2 OF 29 B. Uniform administrative requirements. Subrecipient shall comply with applicable uniform administrative requirements, as described in 24 CFR § 570.502. C. Performance monitoring. City will monitor the performance of Subrecipient against goals and performance measures as set forth herein.Performance monitoring shall include City's review of Subrecipient's submitted documents for accuracy and completion, as well as a risk analysis that will determine if the City will conduct a desk review and/or an on-site visit from City's Community Development Program Coordinator to review the completeness and accuracy of records maintained. A copy of the risk analysis is included as Attachment 2. Substandard performance as determined by City shall constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within fourteen days (14) after being notified by City, City shall initiate termination procedures. Additionally, Subrecipient will be allowed no more than three noncompliance performance standards throughout the contract. Noncompliance includes, but is not limited to: missing a deadline, providing inaccurate monthly data, delinquent progress report submission, and/or not providing correct supporting documentation. The first occurrence will result in a warning; the second a formal letter of noncompliance;and the third will result in a formal letter notifying Subrecipient that Subrecipient is not eligible to request funding for the following grant cycle. City may share Subrecipient performance and monitoring results with other local CDBG grantees and/or agencies who are providing funding to Subrecipient. D. Budget. Subrecipient shall adhere to the budget included as Attachment 6. Subrecipient shall obtain written approval from City prior to any change in use of funds. E. Progress Reports. Subrecipient shall submit progress reports quarterly via the City's online portal. Instructions on submitting progress reports are located in the Subrecipient Toolbox at https://meridiancity.org/cdbg/. Progress reports will be due 15 days after the last day of the reporting period. If progress reports are delinquent, reimbursement requests will not be processed until the delinquency is cured. Subrecipient must timely submit progress reports even if no activities are conducted within the reporting period. F. Supplementation of other funds. Subrecipient agrees to utilize funds available under this Agreement to supplement,rather than supplant, funds otherwise available. G. Client Data. If applicable, subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include,but not be limited to: client name, address, income level or other basis for determining eligibility, race, ethnicity,and description of service provided. Such information shall be made available for review upon City's request. Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information,when not directly connected with the administration of City or Subrecipient's responsibilities under this Agreement, is prohibited by the Financial Privacy Act unless written consent is obtained from such person receiving service and,in the case of a minor, that of a responsible parent/guardian. PY23 SUBRECIPIENT AGREEMENT-PY23 BOYS&GIRLS CLUB SCHOLARSHIP PROGRAM PAGE 3 OF 29 H. Closeout. Subrecipient's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include,but shall not be limited to: making final payments, submitting final report(s), disposing of program assets (including the return of all unused materials, equipment,unspent cash advances,program income balances, and accounts receivable to City), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that Subrecipient has control over CDBG funds, including program income. I. Audits and inspections. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to City, HUD or its agent, or other authorized federal officials, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. Any deficiencies noted in audit reports must be fully repaired by Subrecipient within thirty(30)days after receipt of such report by Subrecipient. Failure of Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Subrecipient shall comply with 2 CFR § 200.501, which requires that all non- Federal entities that expend$750,000 or more in Federal awards, in one year,have a single or program-specific audit. If the threshold is not met for a single or program audit, Subrecipient will provide a certified financial statement. J. Suspension and Debarment. Pursuant to 2 CFR Part 180 and 2 CFR Part 200,Appendix 11, section(H), Subrecipient is prohibited from contracting with any party that is suspended or debarred, i.e., listed on the governmentwide exclusions in the System for Award Management. K. Payment Procedures. 1. Indirect Costs. The City will only reimburse Subrecipient for indirect costs that comply with 2 CFR 200, subpart E and have been previously approved, in writing, by the Community Development Program Coordinator. 2. Payment Procedures. City will pay to Subrecipient funds available under this Agreement based upon information submitted by Subrecipient and consistent with any approved budget and City policy concerning payments. With the exception of certain advances,payments will be made for eligible expenses actually incurred by Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by City in accordance with advance fund and program income balances available in Subrecipient's accounts. In addition, City reserves the right to liquidate funds available under this Agreement for costs incurred by City on behalf of Subrecipient. 3. Reimbursement requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed twenty thousand dollars($20,000) City will not accept or process reimbursement requests prior to City's reception of Congressional Release of Funds; the Community Development Program Coordinator shall notify Subrecipient of such release and the opportunity to submit reimbursement requests. Reimbursement requests for the payment of eligible expenses shall be made against the activity specified, in accordance with performance, and as expenses are incurred by Subrecipient. Reimbursement requests shall only be accepted via the City's online portal and must be completed in full to be processed. Instructions to submit reimbursement PY23 SUBRECIPIENT AGREEMENT-PY23 BOYS&GIRLS CLUB SCHOLARSHIP PROGRAM PAGE 4 OF 29 requests are located in the Subrecipient Toolbox at https://meridiancity.org/cdbg/. All reimbursement requests are to be submitted as needed in coordination with the Community Development Program Coordinator. Reimbursement requests shall include the following: transaction detail completed for the relevant draw request period, timesheets in compliance with 2 CFR 200.430 (if applicable), and proof of payment by Subrecipient (such as copy of receipt of payment and/or other relevant documentation of payment). Reimbursement requests must be submitted within fifteen(15)calendar days from the close of each month of the program year except for the final reimbursement request. City will process reimbursement requests once per month. Subrecipient's final reimbursement request under this Agreement must be submitted by Subrecipient no later than October 30, 2024 and must include a Closeout Certification form which can be found in the Subrecipient Toolbox at https://meridiancity.org/cdbg/. Subrecipient shall forfeit reimbursement for any costs not requested within the timeframes set forth in this provision, unless otherwise authorized, in writing, by City. a. Reversion of assets to City. Pursuant to 24 CFR § 570.503(b)(7), upon expiration or termination of this Agreement, Subrecipient shall transfer to City any and all CDBG funds on hand at the time of expiration and any and all accounts receivable attributable to the use of CDBG funds. b. Unique entity identifier. Subrecipient shall comply with requirements established by the U.S. General Services Administration concerning the Unique Entity Identifier, the System for Award Management("SAM") and,per 2 CFR § 170.320, the Federal Funding Accountability and Transparency Act,including Appendix A to 2 CFR part 25. L. Documentation required prior to real estate transactions. Where City's CDBG funds are used for real estate acquisition, as early as practicable, and not less than two (2) weeks prior to the completion of each transaction, Subrecipient shall provide the address of real property under consideration to City for floodplain and related environmental review. Failure to provide the address of the housing unit under consideration in advance of the anticipated close date may result in added expenses for the beneficiary or Subrecipient, or refusal of reimbursement by City. Subrecipient shall maintain real property inventory records that clearly identify properties purchased, improved, rented, or sold. M. Housing Affordability. Where the City's CDBG funds are used for homeownership assistance,the housing must qualify as affordable per Section 215 of the National Affordable Housing Act. N. National Objectives met for five(5)years. Pursuant to 24 CFR§ 570.503(b)(7)(i), real property that is acquired or improved, in whole or in part, with funds under this Agreement in excess of$25,000 shall be used to meet one of the CDBG National Objectives until five(5) years after expiration of this Agreement. If the use of the CDBG-assisted real property fails to meet a CDBG National Objective for this prescribed period of time, Subrecipient shall pay City an amount equal to the current market value of the property, less any portion of the value attributed to expenditures of non-CDBG funds for acquisition of or improvement to the property. Such payment shall constitute program income to City. Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period. PY23 SUBRECIPIENT AGREEMENT-PY23 BOYS&GIRLS CLUB SCHOLARSHIP PROGRAM PAGE 5 OF 29 O. Compliance with procurement policies. Subrecipient shall comply with current Federal, State, and City policies concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided hereunder. P. Sale of equipment. In all cases in which equipment acquired in whole or in part with funds under this Agreement is sold, the proceeds shall be program income,prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment. Equipment purchased with funds received under this Agreement but not needed by Subrecipient for activities under this Agreement shall be(a)transferred to City for the CDBG program or(b)retained after compensating City an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment. Q. Program income. 1. Remittance at end of program year. Pursuant to 24 CFR§ 570.503(b)(3) and Pursuant to 24 CFR § 570.504(c), at the end of the program year,the City may require remittance of all or part of any program income balances, including investments thereof,held by Subrecipient, except those needed for immediate cash needs, cash balances of a revolving loan fund,cash balances from a lump sum drawdown, or cash or investments held for section 108 security needs. 2. Recording program income.Pursuant to 24 CFR § 570.504(a),the receipt and expenditure of program income shall be recorded as part of the financial transactions of the grant program. 3. Disposition if received before closeout. Pursuant to 24 CFR § 570.504(b)(1),program income received before grant closeout may be retained by the recipient if the income is treated as additional CDBG funds subject to all applicable requirements governing the use of CDBG funds, and will be subject to all provisions of Pursuant to 24 CFR§§ 570.504(b) and (c), both prior to and upon closeout. R. Records and reports. 1. Records to be maintained. In addition to specific records mentioned in this Agreement, Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including,but not limited to, those required by the Federal regulations specified in 2 CFR § 200.302(b) and 24 CFR § 570.506, including: a. Full descriptions and records of each activity undertaken; b. Records related to activities meeting the National Objectives; c. Records required to determine the eligibility of activities for CDBG funding; d. Records required to document the acquisition, improvement,use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG Program; f. Financial records, as required by 570.506(h); g. Other records necessary to document compliance with 24 CFR Part 570, Subpart K; h. Identification of CDBG funds received and expended and the Federal programs under which they were received, including Federal award identification number and year and PY23 SUBRECIP ENT AGREEMENT-PY23 Boys&GIRLS CLUB SCHOLARSHIP PROGRAM PAGE 6 OF 29 name of the pass-through entity(City of Meridian); i. Records that identify adequately the application of CDBG funds, including information pertaining to Federal awards, authorizations, financial obligations,unobligated balances, assets, expenditures, income and interest; such records shall be supported by source documentation; j. Comparison of expenditures with budget amounts for each Federal award. k. Written procedures to implement the requirements of 2 CFR ; and 1. Written procedures for determining the allowability of costs in accordance with subpart E of this part and the terms and conditions of the Federal award. 2. Records retention. Subrecipient shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement, defined as the date of the submission of City's final annual performance and evaluation report to HUD. Records for non-expendable property acquired with funds under this Agreement shall be retained for five(5)years after final disposition of such property. If, prior to the expiration of the five-year period, any litigation, claims, audits, negotiations or other actions begin that involve any of the records cited, such records shall be retained until completion of the actions and resolutions of all issues, or the expiration of the five-year period, whichever occurs later. III. EMPLOYMENT AND LABOR CONDITION REQUIREMENTS A. Equal Employment Opportunity.Per 2 CFR Part 200, Appendix II, section (C) and 41 CFR§ 60-1.4(b), the equal opportunity clause set forth in 41 CFR § 60-1.4(b) is incorporated herein by reference, and shall apply as though set forth fully herein. B. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended,Title VII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1974, the Americans with Disabilities Act of 1990,the Age Discrimination Act of 1975, Executive Order 11063, Executive Order 11246 as amended by Executive Orders 11375 and 12086, and 24 CFR §§ 570.601 and 570.602. Subrecipient, in undertaking its obligation to carry out the program assisted hereunder,agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. C. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws,regulations, and executive orders referenced in 24 CFR § 570.607. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act of 1974 (24 CFR § 6) are also applicable. Subrecipient will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age,marital status or status with regard to public assistance. Subrecipient will take affirmative action to ensure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. D. ADA Section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 701 et seq.), which PY23 SUBRECIPIENT AGREEMENT-PY23 BOYS&GIRLS CLUB SCHOLARSHIP PROGRAM PAGE 7 OF 29 prohibits discrimination against the handicapped in any federally assisted activities. City shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. E. Small,Women- and Minority-Owned Businesses. Per 2 CFR § 200.321, Subrecipient must take all necessary affirmative steps to assure that small businesses,minority businesses, women's business enterprises, and labor surplus area firms are used when possible F. Affirmative Action. Subrecipient agrees that it shall be committed to carry out pursuant to City's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds if applicable. G. Notice to workers. Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. H. Solicitations for employment. Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. I. Drug Free Workplace. Subrecipient certifies it is in compliance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) which requires grantees(including individuals) of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drugfree workplaces. Each potential recipient must certify that it will comply with drugfree workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F. J. Faith-based organizations. Pursuant to 24 CFR§ 570.2000), if Subrecipient is a faith-based organization, Subrecipient agrees to expend funds provided under this Agreement in accordance with 24 CFR § 5.109. K. Labor standards. Per 2 CFR Part 200, Appendix II, section(D), Subrecipient agrees to comply with all applicable requirements of the Secretary of Labor in accordance with the Davis-Bacon Act(40 U.S.C. §§ 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5) as amended. In accordance with the statute, Subrecipient or Subrecipient's subcontractor must pay wages to laborers and mechanics at a rate not less than the prevailing wages as specified in a wage determination made by the Secretary of Labor. In addition, Subrecipient or Subrecipient's subcontractor must be required to pay wages not less than once a week. Subrecipient must include a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. Further, the provisions of Agreement Work Hours and Safety Standards Act; the Copeland "Anti-Kickback"Act(40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3), under which Subrecipient or Subrecipient's subcontractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled. PY23 SUBRECIPIENT AGREEMENT-PY23 BOYS&GIRLS CLUB SCHOLARSHIP PROGRAM PAGE 8 OF 29 Subrecipient further acknowledges and agrees that all contractors engaged under contracts in excess of$2,000.00 for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with Federal requirements pertaining to such Agreements and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers;provided,that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Subrecipient or its subcontractors of its obligation, if any, to require payment of the higher wage. Per 2 CFR Part 200, Appendix II, section(E), the Contract Work Hours and Safety Standards Act(40 U.S.C. §§ 3701-3708) applies to contracts in excess of$100,000, L. Conflicts of interest; nepotism. Subrecipient agrees to abide by the provisions of 24 CFR § 570.611. Further, no person who exercises or has exercised any function or responsibility with respect to CDBG-assisted activities, or who is in a position to participate in a decision-making process or gain inside information with regard to such activities,may obtain a financial interest in activities funded under this Agreement, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one(1) year thereafter. M. Rights to Inventions. Per 2 CFR Part 200, Appendix II, section(F),if Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work , Subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. N. Lobbying; political activities. Subrecipient hereby certifies that: No Federal appropriated funds have been paid or will be paid,by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency,a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal agreement,the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal agreement, grant, loan, or cooperative agreement; If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing attempting to influence an officer or employee of any agency, a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; Subrecipient will require that the following language be included in the award documents for all sub-awards at all tiers(including subcontracts,sub-grants,and contracts under grants,loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly: PY23 SUBRECIPIENT AGREEMENT-PY23 BOYS&GIRLS CLUB SCHOLARSHIP PROGRAM PAGE 9 OF 29 "This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not let less than$10,000 and not more than $100,000 for each such failure." The foregoing certification is a material representation of fact upon which reliance is placed by City. Per 31 U.S.C. § 1352 and 2 CFR Part 200, Appendix II, section(I), submission of this certification may be a prerequisite for making or entering into this transaction. Subrecipient further agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engage in the conduct of political activities in violation of the Hatch Act(Title V,Chapter 15, U.S.C.). O. Section 3 of the Housing and Urban Development Act of 1968. 1. Compliance. Compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended(12 U.S.C. § 1701)("Section 3"), the regulations set forth in 24 CFR Part 75, Subpart C, and all applicable rules and orders issued thereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and shall be binding upon City and any contractors and/or subcontractors. Section 3 will apply to a project if there is over$200,000 of HUD housing and community development financial assistance to the project (or$100,000 of Lead Hazard or Healthy Homes funding). Failure to fulfill these requirements shall subject City, Subrecipient and any of Subrecipient's contractors and subcontractors, their successors and assigns,to those sanctions specified by the Agreement through which Federal assistance is provided. Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. 2. Subcontract language. Subrecipient further agrees to include the CDBG Supplemental General Conditions in all applicable subcontracts executed under this Agreement. The CDBG Supplemental Conditions can be found in Attachment 7 (if applicable)and includes the Section 3 requirements located at 24 CFR § 75.19(b). P. Build America, Buy America Act. Subrecipient must comply with the requirements of the Build America,Buy America(BABA) Act,41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Subrecipient's infrastructure project. Pursuant to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance" (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver. IV.ENVIRONMENTAL CONDITIONS No funds will be released until City conducts an environmental assessment and makes a determination of"No Significant Impact"in compliance with 24 CFR Part 58 and other federal, state,and local laws and regulations. If applicable, the City will issue a Notice to Proceed once the environmental review is completed and is accepted by the City and/or HUD. PY23 SUBRECIPIENT AGREEMENT-PY23 BOYS&GIRLS CLUB SCHOLARSHIP PROGRAM PAGE 10 OF 29 A. Air and Water. Subrecipient specifically agrees to comply with the following regulations insofar as they apply to the performance of this Agreement: 1. Clean Air Act, 42 U.S.C. §§ 7401, et seq. and 2 CFR Part 200,Appendix II, section(G). 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq., relating to inspection, monitoring, entry reports, and information, as well as other requirements specified in said Act, and all regulations and guidelines issued thereunder. 3. Environmental Protection Agency(EPA)regulations pursuant to 40 C.F.R. Part 50. B. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001), Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained, and shall assure compliance with Title 10, Chapter 6, Meridian City Code, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead-Based Paint. Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations, 24 CFR Part 35, implementing Title X of the Housing and Community Development Act of 1992. These regulations revise the CDBG lead based paint requirements under 24 CFR § 570.608, Such regulations pertain to all CDBG-assisted housing and require that all owners,prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood level screening for children under seven. The notice must also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended(16 U.S.C. § 470) and the procedures set forth in 36 CFR Part 800, Advisor Council on Historic Preservation Procedures for Protection of Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years or older or that are included on a Federal, state or local historic property list. E. Endangered Species. Subrecipient agrees to comply with the provisions outlined in the Endangered Species Act of 1973, as amended, for the preservation and protection of endangered species. This obligation mandates that the Subrecipient takes all necessary measures to prevent any actions that could jeopardize the continued survival of species listed under the Act and to refrain from causing harm or alteration to their critical habitats. Additionally, the Subrecipient is obliged to adhere to proper waste management practices, ensuring that waste materials are either recycled or disposed of in an environmentally responsible manner, using EPA-approved sanitary or hazardous waste disposal facilities. PY23 SLIBRECIPIENT AGREEMENT—PY23 BOYS&GIRLS CLUB SCHOLARSHIP PROGRAM PAGE 11 OF 29 F. Noise Abatement and Control. Subrecipient agree to comply with the guidelines outlined in the Noise Control Act of 1972, as well as the relevant directives provided by the General Services Administration Federal Management Circular 75-2, titled "Compatible Land Uses at Federal Airfields," and Title 24 CFR 51 Subpart B to mitigate excessive noise exposure, particularly in residential areas. For the rehabilitation of existing residential properties,the Subrecipient will enhance the building envelope for any components they address. Strategies may include the installation of improved windows and doors, reinforced sheathing,insulation, and sealing gaps, among other measures. V. GENERAL CONDITIONS A. Appropriation. It is acknowledged by the Parties that although Congress has signed an appropriation bill committing the funds set forth in this Agreement, and HUD has notified City of its apportionment and approved the City's Action Plan, availability of CDBG funds to City, and thus to Subrecipient, is subject to Congressional release of such funds to HUD and HUD's release of such funds to City. Unless and until HUD releases the funds, City shall have no contractual, legal, or equitable obligation to Subrecipient. In the event that CDBG funds are not made available to City, whether by Congress or by HUD, this Agreement shall be void, and City shall have no obligation to Subrecipient, whether under this Agreement or under any legal or equitable claim. B. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when emailed,personally served, or mailed in the United States mail, addressed as follows: If to City: If to Subrecipient: City of Meridian Colleen Braga, Executive Director Attn: Crystal Campbell, Community Boys & Girls Clubs of Ada County Development Program Coordinator 610 E 42nd Street 33 E. Broadway Avenue Garden City, ID 83714 Meridian, Idaho 83642 colleen@adaclubs.org Campbell@meridiancity.org Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. C. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning CDBG funds,including,but not limited to, 24 CFR Part 570 and subpart K of such regulations. Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this Agreement, except that: (1) Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR § 570.604; and (2) Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 58. D. Independent Contractor. Nothing contained in this Agreement is intended to,or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Subrecipient shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement. City shall provide no benefits or insurance coverage whatsoever to Subrecipient and/or to its agents. PY23 SUBRECIPIENT AGREEMENT—PY23 BOYS&GIRLS CLUB SCHOLARSHIP PROGRAM PAGE 12 OF 29 E. Indemnity. Subrecipient, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in Subrecipient's programming, shall hold harmless, defend and indemnify City from and for all such losses, claims, actions, and/or judgments for damages or injury to persons or property and/or losses and expenses caused or incurred by Subrecipient and/or its employees, agents, contractors, officials, officers, servants,guests, and/or invitees, and participants in its programming, and other costs, including litigation costs and attorneys' fees, arising out of,resulting from, or in connection with the performance of this Agreement by Subrecipient and/or Subrecipient's employees, agents, contractors, subcontractors, officials, officers, servants, guests, invitees, participants, and/or volunteers and resulting in and/or attributable to personal injury, death, and/or damage and/or destruction to tangible or intangible property. F. Workers' Compensation. Subrecipient shall maintain workers' compensation insurance coverage, in the amount required by Idaho law, for all employees involved in the performance of this Agreement. G. Insurance. Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage. At a minimum, Subrecipient must provide the equivalent insurance coverage for real property and equipment acquired or improved with CDBG funds as provided to property owned by the non-Federal entity. For construction or facility improvement contracts or subcontracts exceeding the simplified acquisition threshold as defined in 41 U.S.C. 134 and Appendix II, section(A), Subrecipient must comply with bonding requirements set forth in 2 CFR § 200.325. H. Grantee Recognition. Subrecipient shall ensure recognition of the role of the City in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. I. Amendments. The parties hereto may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each party, and approved by City's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release either party from its obligations under this Agreement. City may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding,the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both parties. J. Termination(see 2 CFR Part 200,Appendix II, section (B)). 1. Termination for convenience. Either party may terminate this Agreement by, at least thirty(30) days before the effective date of such termination, giving written notice to the other party of such termination and specifying the effective date thereof. PY23 SUBRECIPIENT AGREEMENT-PY23 BOYS&GIRLS CLUB SCHOLARSHIP PROGRAM PAGE 13 OF 29 2. Termination for cause. Termination of this Agreement, in whole or in part,may occur for cause, which shall include, but shall not be limited to, the following: a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; c. Ineffective or improper use of funds provided under this Agreement; or d. Submission of reports that are incorrect or incomplete in any material respect. Either Party may terminate this Agreement for cause by providing written notice to the other of the basis of termination. The defaulting Party shall have fourteen (14)days to cure the deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time period,the other Party shall terminate this Agreement for cause. In addition to termination of this Agreement and/or any other remedies as provided by law, City may declare Subrecipient ineligible for any further participation in City CDBG programming. 3. Work completed. In the event of any termination, all finished or unfinished documents, data, studies, surveys, maps, models, drawings, photographs, reports, and/or other materials that are the property of and prepared by Subrecipient under this Agreement shall become the property of City, and Subrecipient shall provide same within seven(7) days of City's demand therefor. Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. K. Assignment. Subrecipient shall not assign or transfer any interest in this agreement without prior written consent of City; provided, however, that claims for money due or to become due to Subrecipient from City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any assignment or transfer shall be furnished promptly to City. L. Subcontractors. 1. City must approve. Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of City. All subcontracts entered into in the performance of this Agreement shall be awarded pursuant to any applicable provisions of the City Purchasing Policy and/or local, state, or federal laws. 2. Monitoring. Subrecipient shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by City, HUD or its agent,or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. PY23 SUBRECIPIENT AGREEMENT-PY23 BOYS&GIRLS CLUB SCHOLARSHIP PROGRAM PAGE 14 OF 29 3. Subcontract content. Subrecipient shall cause all provisions of this Agreement in their entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. Specifically, without limitation, Subrecipient shall include the provisions of this Agreement regarding Civil Rights and Affirmative Action in every subcontract or purchase order, specifically or by reference, to ensure that such provisions will be binding upon all subcontractors. 4. Documentation. Executed copies of all subcontracts shall be forwarded to City along with documentation concerning the selection process. M. Relocation, real property acquisition, and one-for-one housing replacement. Subrecipient agrees specifically, without limitation,to comply with: I. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended(URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); 2. The requirements of 24 CFR 570.606(c)governing the Residential Anti-displacement and Relocation Assistance Plan under 24 CFR part 42, subpart B; and 3. The requirements in 24 CFR 570.606(d) governing optional relocation policies. Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2)that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. N. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. O. Severability. If any provision of this Agreement is held to be invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. P. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written,whether previous to the execution hereof or contemporaneous herewith. Q. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. R. Attachments. All attachments and/or exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. S. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and Subrecipient. PY23 SUBRECIPIENT AGREEMENT—PY23 BOYS&GIRLS CLUB SCHOLARSHIP PROGRAM PAGE 15 OF 29 IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: Boys & Girls Clubs of Ada County, Idaho, Inc. 1 to 1 S Colleen Braga, Executive Dir or Dale CITY: City of Meridian Attest: By: Robert E. Simison, Mayor 10-17-2023 Chris Johnson, City Clerk 10-17-2023 PY23 SUBRECIPIENT AGREEMENT-PY23 BOYS&GIRLS CLUB SCHOLARSHIP PROGRAM PAGE 16 OF 29 Attachment 1:Location of Service Area low Legend gall �•• is -MINDEN •• c G - MCMILLAN c 0 v • L LKTILIC � M u • u • o CHERRY ?AIRVIcw.� nNe q, rRANKUN-�z u �= i • u OVIRLANO�� VICTORY • R • AMITY •� •IN LAVE MAZEI • • Meridian Tlr n<o.mrm wrn on n•maP•aMro kan vrnu.oueM a in r wiq.ry w�rer.r r.Yon iT.c.y d Y.Mr Pr L:qt OW a.ln no a•IiWy or gw,r.s.M w M cantor.rcuneY.�+�....a mmAlwnws d•rrya m.a.t.p.upe0.•na o.+.nr»no rpr nsPa^•d4 b ttM nbm..bn crosnrA m M mp PY23 SUBRECIPIENT AGREEMENT-PY23 BOYS&Gnus CLUB SCHOIARSHIP PROGRAM PAGE 17 OF 29 Attachment 2: Risk Analysis Factor Low Risk Med Risk High Risk 1 2090 (3 points) (10 points Type of Contract 3 Med Risk = Housing/Public Services Low Risk= Public M Facilities/Infrastructure/Planning Contract Amount 1 High Risk= $80000+ Med Risk= $45000-$79999 Low Risk=$0-$44999 Experience with Meridian CDBG 1 Med Risk= No Low Risk=Yes New Activity for Subrecipient 1 High Risk=Yes Low Risk= No Number of Clients Served 3 Med Risk= More than 50 Low Risk= Less than 50 Admin Expenses 1 High Risk= More than 20%of budget OR Staff Costs for Homeowner Repair more than 50% Low Risk= 20%of budget or less Key Organizational Change 1 High Risk= Executive Director/Financial Manager/Program Manager Med Risk= Other Key Staff Low Risk= None Systems Change 3 Med Risk = Major Low Risk= Minor/None Program Delays 1 Med Risk= CDBG Program did not begin on schedule/New Program Low Risk = CDBG Program began on schedule _ Progress Reports 1 Med Risk= History of reports submitted late (25%or more late)/New Program Low Risk= History of reports submitted on time(more than 75%) PY23 SUBRECIPIFNT AGREEMENT-PY23 BOYS&GIRLS CLUB SCHOLARSHIP PROGRAM PAGE 18 OF 29 Met Goals in Previous Years 1 Med Risk= No/New Program Low Risk=Yes/Met at least 75% Financial Audit 1 High Risk= Audit with moderate to serious findings/No audit although required Low Risk= Audit with no/minor findings _ Last Monitoring Visit 1 High Risk = New Program/Not Renewed Med Risk= 2+years Low Risk= Less than 2 years Corrective Action (Any Monitoring) 1 High Risk= Current Major Findings (e.g. would affect services/clients/financial concern) Med Risk= New Program/Current Concerns (e.g. require action but no serious impact) Low Risk= No Findings or Concerns 11 9 0 Risk Score 20 Level of Risk Low Risk (up to 25 points) Comments Level of Risk Definitions Low Risk<25 points Project requires a minimal amount of monitoring. Activities under this category will be monitored primarily via internal desk monitoring procedures on an annual basis, unless situations dictate otherwise. On-site monitoring will generally take place at least every two years. Medium Risk 26-35 points Projects will be monitored via internal bi-annual desk monitoring's and on-site monitoring no less than every two years.The on-site monitoring review will be conducted preferably within the first six PY23 SUBRECIPIENT AGREEMENT-PY23 BOYS&GIRLS CLUB SCHOLARSHIP PROGRAM PAGE 19 OF 29 months of the chosen program year. Based upon the results of the monitoring visit, staff will determine the need for and frequency of additional technical assistance visits and/or on-site compliance reviews. These activities will generally be monitored after high priority activities have been adequately addressed. High Risk 36+points Projects will receive priority for monitoring. High priority activities will generally be monitored annually within the first 6 months of the program year. High-risk subrecipients may also be required to submit additional documentation as needed to allow for closer evaluation of the project through desk monitoring. CDBG Program Coordinator: CrybtaL Ca nPb,_-W Electronically_signed by ccompbell@meridiancity.org on 912612023 5:41 PM Date Signed: 09/26/2023 Supervisor: LDa4iiRL T_ rrek Electronically_signed by dtorres@meridiancity_.org on 912712023 8:12 AM Date Signed: 09/27/2023 PY23 SUBRECIPIENT AGREEMENT-PY23 BOYS&GIRLS CLUB SCHOLARSHIP PROGRAM PAGE 20 OF 29 Attachment 3: Signing Authority Complete the fonn to designate signing authority. Subrecipient Name: Project Name: _TyNe-f 1 c1 tQ ~ rt^Cf- Program Year: o�3_ Start Date: _l o t _ End Date: Name Title A Authorized to sign for(check all that apply) Identifying Signature L financial 19 Contractual Name Title Authorized to sign for(check all that — apply): Identifying Signature ❑ Financial ❑ Contractual Name Title Authorized to sign for(check all that apply): Identifying Signature ❑ Financial ❑ Contractual Signing authority for the above individuals is authorized by: Name Title Signature ate PY23 SUBRE•CIPIENT AGF EMENT-PY23 BOYS&GIRLS CLUB SC]IOLARSHIP PROGRAM PAGE 21 OF 29 Attachment 4: Federal Certifications The following are required as referenced below. Subrecipient Name: A- &i f is C���JS o� ]2y Project Name: % -,r C1�b S�CN% S % J Program Year: _ � Start Date: _t o a3 End Date: O1 30 a Subrecipient maintains a policy for and complies with the following: Yes No N/A Policy p- ❑ ❑ ADA/Section 504 [29 U.S.C. § 701] p' ❑ ❑ Confidentiality[2 CFR § 200.303(e)] p-- ❑ ❑ Conflict of Interest[2 CFR § 200.318(c)(1); 24 CFR § 570.611] p' ❑ ❑ Drug Free Workplace [24 CFR part 24, subpart F] Q" ❑ ❑ Equal Employment Opportunity [2 CFR Part 200; 41 CFR § 60-1.4(b)] [' ❑ ❑ Fair Housing[Fair Housing Act] (if applicable) [ - ❑ ❑ Nondiscrimination[24 CFR § 570.6071 ❑ ❑ [r Procurement[2 CFR § 200.318(a)] (if applicable) Is Subrecipient a nonprofit entity? &ffes ONO Per 2 CFR § 200.415 major nonprofit organizations are ineligible for this funding. If the agency is a nonprofit, please select one of the following: O'Organization is not a major nonprofit organization. ❑ Organization is a major nonprofit organization. By signing this form, I certify the above is true and correct to the best of my knowledge. wok\t.L.Y. 13 r o,qo. Name Title 1 � 1s�a3 Signature Date ' A major nonprofit organization is defined in§200.414(a)as an organization receiving more than$10 million in direct federal funding. PY23 SUBRECEPEENT AGREEMENT-PY23 BOYS&GIRLS CLUB SCHOLARSHIP PROGRAM PAGE 22 OF 29 Attachment 5: Environmental Review Environmental Review for Activity/Project that is Exempt or Categorically Excluded Not Subject to Section 58.5 Pursuant to 24 CFR 58.34(a) and 58.35(b) Project Information Project Name: Boys-&-Girls-Club-Youth-Scholarships-PY22-26 HERDS Number: 900000010284413 Responsible Entity(RE): MERIDIAN, 33 E Idaho Ave Meridian ID,83642 State/ Local Identifier: RE Preparer: Crystal Campbell Grant Recipient(if different than Responsible Entity): Point of Contact: Consultant(if applicable): Point of Contact: Project Location: 911 N Meridian Rd, Meridian, ID 83642 Additional Location Information: N/A Description of the Proposed Project[24 CFR 50.12&58.32;40 CFR 1508.25): The Scholarship Program for the Meridian Boys&Girls Club provides support to low income Meridian families by giving their children access to some of the Club's extended services such as Sunrise Club(before school program,) Early Risers Program (Summer extended day program) and Kinder Club(supports kindergartners during the half day they are not in school.)This program is important as it keeps kids safe and learning during the hours that parents are at work,and it provides economic stability to some of our communities most disadvantaged families.The City anticipates using$20,000 of CDBG funding per year during each of the remaining years in the 2022-2026 Consolidated Plan.This Environmental Review will cover that span. CDBG funds will be used to assist an estimated 150 children in the next five years.These services are provided at the Boy's and Girls Club throughout the year and should not have an environmental impact. This project is anticipated to be funded for the duration of the PY22-PY26 Consolidated Plan, but is dependent on a competitive annual application and the congressional release of funding. Level of Environmental Review Determination Activity/ Project is Exempt per 24 CFR 58.34(a): 58.34(a)(4) PY23 SUBRECIPIENT AGREEMENT—PY23 BOYS&GIRLS CLUB SCHOLARSHIP PROGRAM PAGE 23 Of'29 Signature Page BG Club ER sig.pdf Funding Information Grant/Project HUD Program Program Name Identification Number Community Planning and Community Development Block Grants 147 Development(CPD) (CDBG)(Entitlement) Estimated Total HUD Funded,Assisted $100,000.00 or Insured Amount: Estimated Total Project Cost [24 CFR 58.2 (a)(5)]: $100,000.00 Compliance with 24 CFR§50.4&§58.6 Laws and Authorities Compliance Factors: Are formal Compliance determination Statutes, Executive Orders, and compliance steps (See Appendix A for source Regulations listed at 24 CFR §50.4& or mitigation determinations) §58.6 required? STATUTES,EXECUTIVE ORDERS,AND REGULATIONS LISTED AT 24 CFR§50.4&§58.6 Airport Runway Clear Zones and Clear Zones 24 CFR part 51 ❑ Yes 0 No Coastal Barrier Resources Act Coastal Barrier Resources Act,as This project is located in a state that amended by the Coastal Barrier does not contain CBRS units.Therefore, Improvement Act of 1990 [16 USC this project is in compliance with the 3501] ❑ Yes 0 No Coastal Barrier Resources Act. Flood Insurance Based on the project description the Flood Disaster Protection Act of project includes no activities that would 1973 and National Flood Insurance require further evaluation under this Reform Act of 1994[42 USC 4001- section. The project does not require 4128 and 42 USC 5154a] flood insurance or is excepted from flood insurance.While flood insurance may not be mandatory in this instance, i HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance ❑ Yes El No Program (NFIP).The project is in PY23 SUBRECPIENT AGREEMENT—PY23 BOYS&GIRLS CLUB SCHOLARSHIP PROGRAM PAGE 24 OF 29 Compliance Factors: Are formal Compliance determination Statutes, Executive Orders,and compliance steps (See Appendix A for source Regulations listed at 24 CFR§50.4& or mitigation determinations) §58.6 required? STATUTES,EXECUTIVE ORDERS,AND REGULATIONS LISTED AT 24 CFR §50.4&§58.6 compliance with Flood Insurance F � requirements. Mitigation Measures and Conditions [CFR 40 1505.2(c)]:Summarized below are all mitigation measures adopted by the Responsible Entity to reduce,avoid or eliminate adverse environmental impacts and to avoid non-compliance or non-conformance with the above-listed authorities and factors.These measures/conditions must be incorporated into project contracts,development agreements and other relevant documents.The staff responsible for implementing and monitoring mitigation measures should be clearly identified in the mitigation plan. Law,Authority, Mitigation Measure or Condition Comments on Mitigation Complete or Factor Completed Plan Measures Project Mitigation Plan Supporting documentation on completed measures PY23 SUBRECIPIENT AGREEMENT-PY23 BOYS&GIRLS CLUB SCHOLARSHIP PROGRAM PAGE 25 OF 29 APPENDIX A: Related Federal Laws and Authorities Airport Runway Clear Zones General policy Legislation Regulation It is HUD's policy to apply standards to 24 CFR Part 515ubpart D prevent incompatible development around civil airports and military airfields. 1. Does the project involve the sale or acquisition of developed property? ✓ No Based on the response,the review is in compliance with this section. Yes Compliance Determination Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No PY23 SUBRECIPIENT AGREEMENT—PY23 BOYS&GIRLS CLUB SCHOLARSHIP PROGRAM PAGE 26 OF 29 Coastal Barrier Resources General requirements Legislation Regulation HUD financial assistance may not be Coastal Barrier Resources Act used for most activities in units of the (CBRA)of 1982, as amended by Coastal Barrier Resources System the Coastal Barrier Improvement (CBRS). See 16 USC 3504 for limitations Act of 1990 (16 USC 3501) on federal expenditures affecting the CBRS. This project is located in a state that does not contain CBRA units.Therefore,this project is in compliance with the Coastal Barrier Resources Act. Screen Summary Compliance Determination This project is located in a state that does not contain CBRS units.Therefore,this project is in compliance with the Coastal Barrier Resources Act. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No PY23 SUBRECIPIENT AGREEMENT—PY23 BOYS&GIRLS CLUB SCHOLARSHIP PROGRAM PAGE 27 OF 29 Flood Insurance General requirements Legislation Regulation Certain types of federal financial assistance may not be Flood Disaster 24 CFR 50.4(b)(1) used in floodplains unless the community participates Protection Act of 1973 and 24 CFR 58.6(a) in National Flood Insurance Program and flood as amended (42 USC and (b); 24 CFR insurance is both obtained and maintained. 4001-4128) 55.1(b). 1. Does this project involve financial assistance for construction,rehabilitation,or acquisition of a mobile home building,or insurable personal property? ✓ No.This project does not require flood insurance or is excepted from flood insurance. Based on the response,the review is in compliance with this section. Yes 4. While flood insurance is not mandatory for this project, HUD strongly recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program(NFIP). Will flood insurance be required as a mitigation measure or condition? Yes ✓ No Screen Summary Compliance Determination Based on the project description the project includes no activities that would require further evaluation under this section.The project does not require flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP).The project is in compliance with Flood Insurance requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No PY23 SUBRECIPIENTAGREEMENT—PY23 BOYS&GIRLS CLUB SCHOLARSHIP PROGRAM PAGE 28 OF 29 Attachment 6: Budget Boys and Girls Clubs of Ada County Meridian Scholarship Program PY23 Project#160 Scholarships Total Award $ 20,000.00 $ 20,000.00 Draw# Date Timeframe 1 < I'ss u n e — "t,e.c aoa.3 LAID $ - 2 y 1 VF a4 3 - fV\ .C- a 0 a 14 15,000 $ - 3 1i s �34--A-o ao 16, 000 $ - a to 1 -1 a T ILI—�c�+- au a- (o0 p0 $ - 5 $ - 6 $ - 7 $ - 8 $ - 9 $ - 10 $ - 11 $ - 12 $ - Total $ - $ - Balance $ 20,000.00 $ 20,000.00 PY23 SUBRECIP[ENT AGREEMENT—PY23 BOYS&GIRLS CLUB SCHOLARSHIP PROGRAM PAGE 29 OF 29 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Fiscal Year 2024 Net-Zero Budget Amendment in the Amount of$482,362.00 to accept the Fiscal Year 2024/Program Year 2023 Community Development Block Grant (CDBG) Awa rd 9/27/2023 8:39AM City of Meridian FY2024 Budget Amendment Form Personnel Costs Full Time Equivalent(FTE): Fund# Dept.# G/L# Proj.# G/L#Description Total f 20 1930 41200 1 6003 Wages lc�� 20 1930 41206 6003 PT/Seasonal Wages 20 1930 41210 6003 Overtime Please only complete the fields highlighted 20 1930 41304 6003 Uniform Allowance in Orange. 20 1930 42021 6003 FICA $ Amendment Details 20 1 1930 42022 6003 PERSI I $ Title: CDBG Grant Funding FY24 20 1 1930 1 42024 6003 Worker's Comp $ Department Name: Mayor's Office 20 1 1930 1 42025 6003 lEmployee Insurance 1 $ Presenting Department Name: Mayor's Office Total Personnel Costs $ Department#: 1930 Operating Expenditures Primary Funding Source: 20 Fund# Dept.# G/L# Proj.# G/L#Description One-Time On-Going Total CIP#: n/a 20 1930 85000 1 6003 Admin $ 37,608 $ 37,608 Project#: 6003 20 1930 85000 6003.164 Fair Housing $ 15,000 $ 15,000 20 1840 85000 6003.158 FACES of Hope Victim Services $ 20,000 $ 20,000 Is this for an Emergency? ❑ Yes ❑� No 20 1840 85000 6003.159 Jesse Tree Emergency Rental Assistance $ 32,354 $ 32,354 New Level of Service? ❑ Yes ❑ No 20 1840 85000 6003.160 Boys&Girls Club Youth Scholarships $ 20,000 $ 20,000 20 1840 85000 6003.161 NeighborWorks Boise Homeowner Repair $ 178,700 $ 178,700 Clerks Office Stamp 20 5290 53201 6003.162 LMA Walkability NW 2nd St. $ 178,700 $ 178,700 20 1930 6003 $ - 20 1930 6003 $ 20 1930 6003 $ 20 1930 6003 $ 20 1930 6003 $ 20 1 1930 1 1 6003 $ Date of Council Approval 10-17-2023 Total Operating Expenditures $ 482,362 $ $ 482,362 Capital Outlay Fund# Dept.# G/L# Proj.# G/L#Description Total Acknowledgement Date 20 1930 6003 20 1930 6003 1David?yliEe¢ 9/26/2023 20 1930 6003 1 Department Director 20 1930 6003 FREVIEWED Total Capital Outlay $ odd Lavoie at 9:29 am,Sep 27,zozs jfleldS 9.27.23 Revenue/Donations Chief Financial Officer Fund# Dept.# G/L# Proj.# G/L#Description Total 20 1930 33100 1 6003 Admin $ 37,608 Brad Hoaglun q-97-9.'i 20 1930 33100 6003.164 Fair Housing $ 15,000 Counc I `-.aison 20 1840 33100 6003.158 FACES of Hope Victim Services $ 20,000 �� 20 1840 33100 6003.159 Jesse Tree Emergency Rental Assistance $ 32,354 C�IM� J 9-27-23 20 1840 33100 6003.16 Boys&Girls Club Youth Scholarships $ 20,000 Mayor 20 1 1840 33100 6003.161 lNeighborWorks Boise Homeowner Repair $ 178,700 20 5290 33100 6003.162 LMA Walkability NW 2nd St. $ 178,700 Total Amendment Request $ - Total Revenue Donations 482,362 City of Meridian FY2024 Budget Amendment Form C:\Users\jfields.MERIDIAN\AppData\Local\Microsoft\Windows\INetCache\Content.0utlook\NK1 HIJGQ\Fy2024-amendment_CDBG-dm(002) 9/27/2023 8:39AM City of Meridian FY2024 Budget Amendment Form Department Name: Mayor's Office Total Amendment Cost-Lifetime Title: CDBG Grant Funding FY24 Prior Year(s) Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Funding 2024 2025 2026 2027 2028 Instructions for Submitting Budget Amendments: Personnel $ - $ $ $ $ ➢ Department will send Amendmentwith Directcrs signature to Finance(Budget Manager)for review Operating $ 482,362 $ $ $ $ ➢ Finance will send Amendment to Council Liaison for signature Capital $ - ➢Council Liaison will send signed Amendment to Mayor Total $ - $ 482,362 $ $ $ $ ➢ Mayorwill send signed Amendment to Finarce(Budget Manager) Total Estimated Project Cost: $ 482,362 ➢ Finance(Budget Manager)will send approved copy of Amendment to Department Evaluation Questions ➢ Department will add copycf Amendmertto Council Agenda using Municode Agenda Manager 1. Describe what is being requested? Spending authority of the awarded HUD/CDBG grant funds in the amount of$482,362 for FY24(Program Year 23). The individual projects were approved by Council in the PY23 Action Plan submitted to HUD. 2. Why was this budget request not submitted during the current fiscal year budget cycle? Grants are typically awarded at the start of each FY for the current FY,which is after the current FY budget has been approved. The grant award is not executed until after the budget cycle is complete. 3. What is the explanation for not submitting this budget request during the next fiscal year budget cycle? The grant award is for FY24 and not a carryforward item into the next FY. 4.Describe the proposed method of funding? If funding is split between Funds(i.e. General,Enterprise,Grant),please include the percentage split. List the amounts and sources of anticipated additional revenue that will result from approval of this request. Grant Revenue from HUD=CDBG funding,this is a revenue neutral budget amendment. 5.Does this request align with the Department/City's strategic plan? If not,please explain how this request was not included in the Department/City strategic plan? es 6. Does this request require resources to be provided by other departments? If yes,please describe the necessary resources to be provided by other departments. Yes,the LIMA Walkability project will require some input from Public Works and Parks on the design aspects. Finance,including Purchasing will also be used. es 7.Does this Amendment include an needed Equipment or Software that will utilize the Cit 's network? Yes or No Lin o v 8.Is the amendment going to result in the disposal of an asset?(Yes or No) none Total Amendment Request $ - Every effort should be made to avoid reopening the budget for an amendment. Departments will need to provide backup and appear before the City Council to justify budget amendments. Budget I amendments are intended for emergency or mandatory changes to the original balanced budget. Changes to the original balanced budget may cause a funding shortfall. City of Meridian FY2024 Budget Amendment Form C:\Users\jfieIds.MERIDIAN\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\NK1 HIJGQ\Fy2024-amendment_CDBG-dm(002) DocuSign Envelope ID: 1CB665C6-023A-485E-A319-2547FFF97AD1 Funding Approval/Agreement U.S.Department of Housing and Urban Development Title I of the Housing and Community Office of Community Planning and Development Development Act(Public Law 930383) Community Development Block Grant Program OMB Approval No.2506-0193 HI-00515R of 20515R exp 1/31/2025 1.Name of Grantee(as shown in item 5 of Standard Form 424) 3a.Grantee's 9-digit Tax ID Number 3b.Grantee's 9-digit DUNS Number City of Meridian 826000225 J8EZGMTAPHN5(UEI) 2.Grantee's Complete Address(as shown in item 5 of Standard Form 424) 4.Date use of funds may begin 33 E Broadway Ave 10/01/2023 Meridian,ID 83642-2619 5a.Project/GrantNo.1 6a.Amount Approved B-23-MC-16-0006 $482,362.00(by this action) 5b.ProjectlGrant No.2 6b.Amount Approved Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development(HUD)and the above named Grantee is made pursuant to the authority of Title I of the Housing and Community Development Act of 1974,as amended,(42 USC 5301 et seq.).The Grantee's submissions for Title I assistance,the HUD regulations at 24 CFR Part 570(as now in effect and as may be amended from time to time),and this Funding Approval,including any special conditions,constitute part of the Agreement. Subject to the provisions of this Grant Agreement,HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre-agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review,decision making,and actions,as specified and required in regulations issued by the Secretary pursuant to Section 104(g)of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub- recipient entities to which it makes ftinding.assistance hereunder available. U.S.Department of Housing and Urban Development(By Name) Grantee Name(Contractual Organization) Mark Mitchell City of Meridian Title Title CPD Director Signature Date(mm/dd/yyyy) Sign a Date(mm/dd/yyyy) 4o-Sig-d hy: / X 771,4 8/11/2023 -4ASC3COEF17848B... (( 7.Category of Title I Assistance for this Funding Action: 8.Special Conditions 9a.Date HUD Rebe'v Submission 10.check one (check one) (mmlddlyyyy) ®a.Orig.Funding Entitlement,Sec 106(b) ❑None 9b.Date Grantee Notified Approval ®Attached (mm/dd/yyyy) ❑b.Amendment 9c.Date of Start of Program Year Amendment Number 10/01/2023 11.Amount of Community Development Block Grant FY 2023 a.Funds Reserved for this Grantee b.Funds now being Approved $482,362.00 c.Reservation to be Cancelled 11a minus 11b 12a.Amount of Loan Guarantee Commitmentnow being Approved 12b.Name and complete Address of Public Agency N/A Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above date with respect to the above grant number(s)as Grantee designated to receive 12c.Name of Authorized Official for Designated Public Agency loan guarantee assistance, and agrees to comply with the terms and conditions of the Agreement, applicable regulations, and other Title requirements of HUD now or hereafter in effect, pertaining to the assistance provided it. Signature X HUD Accounting use Only Effective Date Batch TAG Program Y A Reg Area Document No. Project Number Category Amount (mm/dd/yyyy) F N 1 7 6 FM U 0 � � TED EEE[LI -1 F 0 YY Project Number Amount ��FFT1 �Y �Project Number � Amount Date Entered PAS Date Entered LOCCS Batch Number Transaction Code Entered By Verified By (mm/dd/yyyy) (mm/dd/yyyy) 24 CFR 570 form HUD-7082(5/15) DocuSign Envelope ID: 1CB665C6-023A-485E-A319-2547FFF97AD1 8. Special Conditions. (a) The period of performance and single budget period for the funding assistance specified in the Funding Approval ("Funding Assistance") shall each begin on the date specified in item 4 and shall each end on September 1, 2030. The Grantee shall not incur any obligations to be paid with such assistance after September 1, 2030. (b) The Recipient shall attach a schedule of its indirect cost rate(s) in the format set forth below to the executed Agreement that is returned to HUD. The Recipient shall provide HUD with a revised schedule when any change is made to the rate(s) described in the schedule. The schedule and any revisions HUD receives from the Recipient shall be incorporated herein and made a part of this Agreement, provided that the rate(s) described comply with 2 CFR part 200, subpart E. Administering Direct Department/Agency Indirect cost rate Cost Base Instructions: The Recipient must identify each agency or department of the Recipient that will carry out activities under the grant,the indirect cost rate applicable to each department/agency(including if the de minimis rate is used per 2 CFR §200.414(f)), and the type of direct cost base to which the rate will be applied(for example,Modified Total Direct Costs(MTDC)). Do not include indirect cost rates for subrecipients. (c) In addition to the conditions contained on form HUD 7082,the grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS); the System for Award Management (SAM.gov.); the Federal Funding Accountability and Transparency Act as provided in 2 CFR part 25, Universal Identifier and General Contractor Registration; and 2 CFR part 170, Reporting Subaward and Executive Compensation Information. (d) The grantee shall ensure that no CDBG funds are used to support any Federal, State, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use. For the purposes of this requirement, public use shall not be construed to include economic development that primarily benefits private entities. Any use of funds for mass transit, railroad, airport, seaport or highway projects as well as utility projects which benefit or serve the general public (including energy-related, communication- related,water- related and wastewater-related infrastructure), other structures DocuSign Envelope ID:1CB665C6-023A-485E-A319-2547FFF97AD1 designated for use by the general public or which have other common-carrier or public-utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownfield as defined in the Small Business Liability Relief and Brownfields Revitalization Act (Public Law 107-118) shall be considered a public use for purposes of eminent domain. (e) The Grantee or unit of general local government that directly or indirectly receives CDBG funds may not sell, trade, or otherwise transfer all or any such portion of such funds to another such entity in exchange for any other funds, credits or non-Federal considerations,but must use such funds for activities eligible under title I of the Act. (f) E.O. 12372-Special Contract Condition -Notwithstanding any other provision of this agreement,no funds provided under this agreement may be obligated or expended for the planning or construction of water or sewer facilities until receipt of written notification from HUD of the release of funds on completion of the review procedures required under Executive Order(E.O.) 12372, Intergovernmental Review of Federal Programs, and HUD's implementing regulations at 24 CFR Part 52. The recipient shall also complete the review procedures required under E.O. 12372 and 24 CFR Part 52 and receive written notification from HUD of the release of funds before obligating or expending any funds provided under this agreement for any new or revised activity for the planning or construction of water or sewer facilities not previously reviewed under E.O. 12372 and implementing regulations. (g) CDBG funds may not be provided to a for-profit entity pursuant to section 105(a)(17) of the Act unless such activity or project has been evaluated and selected in accordance with Appendix A to 24 CFR 570 -"Guidelines and Objectives for Evaluating Project Costs and Financial Requirements." (Source - P.L. 113-235, Consolidated and Further Continuing Appropriations Act, 2015, Division K, Title 11, Community Development Fund). (h) The Grantee must comply with the requirements of the Build America, Buy America (BABA)Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Grantee's infrastructure project. Pursuant to HUD's Notice,"Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America,Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance" (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver. W IDIAN� AGENDA ITEM ITEM TOPIC: Resolution No. 23-2419: A resolution vacating a 20-foot by 20-foot Meridian City water easement located along the northeast corner of Lot 5, Block 3 of Gramercy Subdivision No. 1, being more particularly described in Exhibit "A"; and providing an effective date. ADA COUNTY RECORDER Trent Tripple 2023-059088 BOISE IDAHO Pgs=3 BONNIE OBERBILLIG 10/18/2023 08:15 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN RESOLUTION NO. 23-2419 BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, OVERTON, PERREAULT, STRADER A RESOLUTION VACATING A 20-FOOT BY 20-FOOT MERIDIAN CITY WATER EASEMENT LOCATED ALONG THE NORTHEAST CORNER OF LOT 5,BLOCK 3 OF GRAMERCY SUBDIVISION NO. 1, BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 3, 2023 the City Council of the City of Meridian held a hearing on the vacation of a 20-foot by 20-foot water easement located along the northeast corner of Lot 5, Block 3 of Gramercy Subdivision No. 1; and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That a 20-foot by 20-foot water easement located along the northeast corner of Lot 5, Block 3 of Gramercy Subdivision No. 1, as fully described in Exhibit"A,"is hereby vacated. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. Passed by the City Council of the City of Meridian, Idaho, this 17`h day of October, 2023. Approved by the Mayor of the City of Meridian, Idaho, this 17th day of October, 2023. Attest: SI Mayor Ro E. Simison Chris ohnson, s '° "°`, lerk Boise Regional Realtors Water Easement Vacation—H-2023-0046 CITY OF MERIDIAN RESOLUTION NO. 23-2419 BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, OVERTON, PERREAULT, STRADER A RESOLUTION VACATING A 20-FOOT BY 20-FOOT MERIDIAN CITY WATER EASEMENT LOCATED ALONG THE NORTHEAST CORNER OF LOT 5,BLOCK 3 OF GRAMERCY SUBDIVISION NO. 1, BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 3, 2023 the City Council of the City of Meridian held a hearing on the vacation of a 20-foot by 20-foot water easement located along the northeast corner of Lot 5, Block 3 of Gramercy Subdivision No. 1; and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY,IDAHO: Section 1. That a 20-foot by 20-foot water easement located along the northeast corner of Lot 5,Block 3 of Gramercy Subdivision No. 1, as fully described in Exhibit"A,"is hereby vacated. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. Passed by the City Council of the City of Meridian, Idaho, this 17th day of October, 2023. Approved by the Mayor of the City of Meridian, Idaho, this 17th day of October, 2023. Attest: Mayor Robert E. Simison Chris Johnson, City Clerk Boise Regional Realtors Water Easement Vacation—H-2023-0046 STATE OF IDAHO ) ) ss: County of Ada ) On this 17th day of October, 2023, before me, the undersigned, a Notary Public in and for said State, personally appeared Robert E. Simison and Chris Johnson, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public My Commission Expires: 3-28-2028 Boise Regional Realtors Water Easement Vacation—H-2023-0046 EXHIBIT "A" IDAHO 9955 W f:merafd St SURVEY ri se, ID 83704 IS6 CROUP Phone: (208) 846-8570 Fax: (2i}S) 884•33" Gramercy lot 5 Block 3 Meridian City Water&Sanitary Sewer Easement Vacation Boundary Description Project Arumber 22-052 September 14,2023 That 20-foot by 204 cot Meridian City Water&San Itary.5ew�-r Easement depicted on the plat of tafamercy Subdivision No. 1(Book 99 of Plats at Pages 12619 through 12622, records of Ada County, Idaho)on lot 5 of 81ock 3, being more particularly described as follows- Commencing at the northeast corner of Lot 5 of Block 3 of Gramercy Subdivision No_ 1; Thence N89°35'S6"W,28.00feet along the north boundary of Lot 5; Thence,at a right angle,$ '�4'D4"W,6.00 feet to the south boundary of the Private Driveway&Utility Easement, the POINT OF BEGINNING: Thence continuing S00°24'04"W,20.04 feet; Thence, at a right angle, NST35'S6"W, 20.00 feet; Thence, at a right angle, NW24'04-F,20.1313feet to the south boundary of the Private Driveway& Utility Easement-, Thenw, at a right aflgle,589°35WE, 20,00 feet along the south boundary of the Private Driveway& Utility Easement to the POINT OF 10EGINNIN5. The above-described easernent contains 400 square feat, more or less_ iPropared from information of record:the plat 4f Gramercy Subdivision No. 1. L �7 c-, 4 page t of 1 � ��' i w IDIAN� AGENDA ITEM ITEM TOPIC: Resolution No. 23-2420: A resolution of the City Council of the City of Meridian, Idaho, setting forth certain findings and purposes to declare surplus property and authorizing the donation of certain computer and equipment to Computers for Kids and the Ada County Humane Society. CITY OF MERIDIAN RESOLUTION NO. 23-2420 BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, OVERTON, PERREAULT, STRADER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN,IDAHO, SETTING FORTH CERTAIN FINDINGS AND PURPOSES TO DECLARE SURPLUS PROPERTY AND AUTHORIZING THE DONATION OF CERTAIN COMPUTER AND EQUIPMENT TO COMPUTERS FOR KIDS AND THE ADA COUNTY HUMANE SOCIETY. WHEREAS, it is in the best interest of the City of Meridian to declare that certain computers and equipment as attached in Exhibit"A" as surplus, as these particular items are no longer needed or used by the City of Meridian; WHEREAS,the City of Meridian's purchasing policy allows surplus City property to be donated to other agencies exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code when the value of the property in question is of nominal value, that is, valued at less than the cost of disposing of the property; WHEREAS,the cost of maintaining the computer equipment would result in the unnecessary expenditure of City funds; and WHEREAS,the City of Meridian desires to donate the computer equipment listed in Exhibit "A"to Computers for Kids and the Ada County Humane Society,which are exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code. NOW, THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO,AS FOLLOWS: Section 1. That the Mayor and City Council hereby authorize and declare that certain computers and equipment as attached hereto as Exhibit"A" are surplus property. Section 2. That the Mayor and City Council hereby authorizes the donation of the computers and equipment listed in Exhibit"A"to Computers for Kids and the Ada County Humane Society. ADOPTED by the City Council of the City of Meridian, Idaho, this 17th day of October, 2023. APPROVED by the Mayor of the City of Meridian, Idaho, this 17th day of October, 2023. APPROVED: ATTEST: Mayor Robert E. Simison Chris Johnson, City Clerk EXHIBIT A DEPARTMENT E IDIAN%--- Information Technology lDAHO DEPARTMENT CONTACT CITY OF MERIDIAN Jen Robbins El PROPERTY INFORMATION FORM CITY TAG# DESCRIPTION LOCATION See Attached See Attached+hundreds of old ShoreTel&Mitel Phones Basement Storage MODEL MANUFACTURER SERIAL/VIN# See Attached See Attached See Attached ACQUISITION DATE ORIGINAL COST VENDOR LIFESPAN See Attached See Attached See Attached See Attached PROPERTY DISPOSAL AUTHORIZATION DISPOSAL METHODS Give a brief description of how you plan on disposing the asset Auction/Sell We plan to donate these items to Computers for Kids X Donation/Transfer Trade In Discard/Recycle 1 "Please remove all identifying logos prior to disposal REASON FOR DISPOSAL OF PROPERTY Decommissioned equipment CONDITION OF PROPERTY TO BE DISPOSED Fair 10/3/2023 Department Designee Approval Date 10/5/23 ,/'rinance Reviewed Date FOR FINANCE USE ONLY FA# GL Code: Resolution No.: Approved by Council Date: Final Disposition of Property: T:\Inventory\2024 Inventory\IT Disposal Request Form 100323 1 of 2 Instructions for submitting Property Disposal Request: A. Department will obtain a signature for approval of Department Designee. B. Send to Finance Department(Accountant)for review and signature. C. Finance(Accountant)will return a copy of the approved form to the Department so they can proceed with disposal. *The Department will remove all identifying logos prior to disposal if applicable. *Any fixed assets that is to be disposed or sold without public notice,public sale,or at auction must be authorized by City Council resolution prior to disposal or sale. a. Finance(Accountant)will send copy of signed disposal request to Legal (Legal Services Support Manager)and Department for Resolution draft. Department will coordinate with Legal(Legal Services Support Manager);add Disposal Form and Resolution draft to next available Council Agenda using Agenda Manager Software. E. The Department will contact the auction company or donating agency to arrange pick up. F. Once the property is disposed of, Finance will note on the form the Final Disposition of Property and will delete item from the Fixed Asset Listing. Departments will note the disposition on their Inventory Listing. G. Finance and/or Department will notify Legal to remove item from insurance policy See Fixed Asset Policy for more information See Disposal Flowchart for more information T:\Inventory\2024 Inventory\IT Disposal Request Form 100323 2 of 2 III - LAM . 180196 iPad Apple SCW iPad 32GB Wi-Fi+ DMQWJDEGJF88 521.22 06/12/2018 Cellular 09660 Appliance CradlePoint Premier Wireless CBA750BLE-VZ ARC MM13013830006 520.00 10/29/2013 Solutions Series 3G/4G LTE; 2 Verizon 190177-0001 MDT Motion Computing Zones Motion F5m KlJFAG000013 4366.00 01/14/2019 100840 Printer HP Office Max LaserJet M551dn CNCCF7J1Q9 661.64 09/25/2013 0 Phone Shortel N/A 480G N/A N/A N/A 0 Phone Shortel N/A 280 N/A N/A N/A 0 Monitor HP N/A E177FP N/A N/A N/A 0 Monitor Dell N/A ST2410b N/A N/A N/A 0 Monitor Dell N/A ST2410b N/A N/A N/A 180194 iPad Apple SCW iPad 32GB Wi-Fi+ DMPWLEQBJF88 521.22 06/12/2018 Cellular 160155 iPad Apple CDWG iPad Pro 32GB WiFi DMPRH7GGH1M9 543.10 06/22/2016 180053 Desktop HP CDWG Prodesk 600 G3 MXL741204V 825.00 10/19/2017 180136 iPad Apple Insight Public Sector iPad 32GB Wi-Fi+ GG7W47DAHLJJ 429.00 02/28/2018 Cellular 170226 iPad Apple B&H Photo iPad Pro 32GB DMPT611JGXPX 659.00 03/01/2017 WiFi/Cellular 180188 iPad Apple SCW iPad 32GB Wi-Fi+ DMPWLKA8JF88 521.22 06/12/2018 Cellular 180187 iPad Apple SCW iPad 32GB Wi-Fi+ DMPWF82HJF88 521.22 06/12/2018 Cellular 180189 iPad Apple SCW iPad 32GB Wi-Fi+ DMPWLJHlJF88 521.22 06/12/2018 Cellular 109125 Scanner Canon Dell DR-6010C FB329424 2135.99 04/01/2015 100353 Scanner Canon None ImageFormula DR- DW308487 900.00 10/01/2014 4010c 109100 Scanner Canon Dell DR-6010C M11072 1918.78 01/09/2015 170133 Scanner Canon VLCM DR-6010C 21FB334689 1851.84 12/12/2016 170134 Scanner Canon VLCM DR-6010C 21FB334132 1851.84 12/12/2016 210135 Scanner Canon Amazon DR-6010C 1999.00 09/30/2021 0 Thin Client Terryza N/A W5 Pro N/A N/A N/A 180096 Laptop HP CDWG Elitebook 840 G4 5CG7425LOH 1475.00 1 11/06/2017 109116 Printer HP SCW LaserJet Pro 400 CNDG152630 224.95 03/15/2015 M451nw 180226 Desktop HP CDWG Prodesk 600 G3 MXL8241W75 825.00 06/14/2018 0 Phone Shortel N/A 230 N/A N/A N/A 0 Phone ShorTel N/A ShorTel230 N/A N/A 0 Phone Shortel N/A 565 N/A N/A N/A 0 Monitor Viewsonic N/A N/A N/A 0 Monitor Viewsonic N/A N/A N/A 0 Phone Shortel N/A 265 N/A N/A N/A 0 Router juniper N/A mag2600 N/A N/A 0 Switch HP N/A Procurve 2824 N/A N/A 0 Monitor HP N/A v244h N/A N/A N/A 0 Laptop HP N/A HP 255 G8 CND108601N N/A N/A 0 Phone Shortel N/A 230 N/A N/A N/A 0 Phone Shortel N/A 230 N/A N/A N/A 0 Phone ShoreTel N/A ShoreTe1265 N/A N/A 0 Phone Shortel N/A 230 A599-1004-02 N/A N/A 0 Tablet Microsoft Surface N/A 1876 057340202453 N/A N/A 0 Tablet Microsoft Surface N/A 1876 057296602453 N/A N/A 0 Desktop Lenovo N/A ideacentre AIO 300- P9015GKA N/A N/A 231SU 0 Desktop Lenovo N/A ideacentre A340- MJOBTSOQ N/A N/A 22AST 0 Camera Axis N/A P3364-L ACCC8E738EBC N/A N/A 0 Desktop Lenovo N/A ThinkCentre M70a MJOEAHZW N/A N/A (11CK) DEPARTMENT E LN -- Information Technology O DEPARTMENT CONTACT CITY OF MERIDIAN Jen Robbins, Ext. 1497 PROPERTY INFORMATION FORM CITY TAG# DESCRIPTION LOCATION See attached iPads IT MODEL MANUFACTURER SERIAL/VIN# iPad Apple See attached ACQUISITION DATE ORIGINAL COST VENDOR LIFESPAN See attached See attached See attached 5 years PROPERTY DISPOSAL AUTHORIZATION DISPOSAL METHODS Give a brief description of how you plan on disposing the asset Auction/Sell We would like to donate these 4 iPads to the Ada County Humane Society. X Donation/Transfer Trade In Discard/Recycle 1 "Please remove all identifying logos prior to disposal REASON FOR DISPOSAL OF PROPERTY These iPads were decommissioned and replaced with new equipment this year. CONDITION OF PROPERTY TO BE DISPOSED Fair 9/28/2023 Department Designee Approval Date - �-`_ 10/5/23 Finance Reviewed Date FOR FINANCE USE ONLY FA# GL Code: Resolution No.: Approved by Council Date: Final Disposition of Property: C:\Users\jrobbins\Downloads\property-information-and-disposal-request-form-2022-1 1 of 2 Instructions for submitting Property Disposal Request: A. Department will obtain a signature for approval of Department Designee. B. Send to Finance Department(Accountant)for review and signature. C. Finance(Accountant)will return a copy of the approved form to the Department so they can proceed with disposal. *The Department will remove all identifying logos prior to disposal if applicable. *Any fixed assets that is to be disposed or sold without public notice,public sale,or at auction must be authorized by City Council resolution prior to disposal or sale. a. Finance(Accountant)will send copy of signed disposal request to Legal (Legal Services Support Manager)and Department for Resolution draft. Department will coordinate with Legal(Legal Services Support Manager);add Disposal Form and Resolution draft to next available Council Agenda using Agenda Manager Software. E. The Department will contact the auction company or donating agency to arrange pick up. F. Once the property is disposed of, Finance will note on the form the Final Disposition of Property and will delete item from the Fixed Asset Listing. Departments will note the disposition on their Inventory Listing. G. Finance and/or Department will notify Legal to remove item from insurance policy See Fixed Asset Policy for more information See Disposal Flowchart for more information C:\Users\robbins\Downloads\property-information-and-disposal-request-form-2022-1 2 of 2 Asset Tag Manf. Vendor Model Serial Number Original Cost Acq. Date 180191 Apple SCW iPad 32GB Wi-Fi +Cellular DMPWF76MJF88 $521.22 6/12/2018 180195 Apple SCW Wad 32GB Wi-Fi +Cellular DMPWLKBEJF88 $521.22 6/12/2018 180203 Apple SCW Wad 32GB Wi-Fi +Cellular DMPWLEHZJF88 $521.22 6/12/2018 180200 Apple SCW Wad 32GB Wi-Fi +Cellular DMPWLEUZJF88 $521.22 6/12/2018 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Biosolids Project Update C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Workshop Agenda From: Laurelei McVey, Public Works Meeting Date: October 17th, 2023 Presenter: Laurelei McVey, Public Works Est Time: 15 Min Topic: Update on Public Works Biosolids Project Update Two Public Works related projects were identified in early discussions regarding potential utilization of ARPA funding. The initial high-level project evaluations and ROIs are completed and will be presented. It is recommended that the City commit to the utilization of$5M of the ARPA funding to the Biosolids Dryer project and begin design efforts as soon as possible. This project would be anticipated to be constructed by January 2026. It is recommended that the City discontinue efforts on the biogas project and reallocate the $1.5M ARPA placeholder funding to another project. Questions related to this agreement should be directed to Laurelei McVey, Public Works, lmcvey@meridiancity.org, 208-489-0365. Mayor Robert Simison W I MAN* City Council Members �� Joe Borton Luke Cavener Public Works Brad Hoaglun John Overton Department Jessica Perreault Liz Strader 0000 TO: Mayor Robert Simison Members of the City Council FROM: Laurelei McVey, PW Director DATE: September 12, 2023 SUBJECT: Analysis of Potential Public Works ARPA Funded Projects (Biosolids Dryer and Biogas Utilization) Background Two Public Works related projects were identified in early discussions regarding potential utilization of ARPA funding. Key project criteria, at that early stage, included funding eligibility under ARPA, ability to be constructed in the identified timeframe (by Dec 2026), and a positive return on investment(ROI). Two projects that were identified to move forward for further analysis included a biosolids dryer and a project that would convert excess biogas produced by the WRRF's digestion process into power. Biosolids Dryer ($5M ARPA Placeholder) At the landfill, the City is charged to dispose of biosolids by the ton (weight based). A drying facility would reduce the weight and volume of the biosolids by removing most of the moisture. The current technology at the WRRF treats the biosolids to a level that meets all landfill regulations but is currently not treated to a level that allows for easy disposal in another manner (example: land application, compost). A drying facility would produce biosolids that could be disposed of in other manners, if desired. As part of this analysis,two types of dryers were analyzed-a thermally enhanced solar greenhouse dryer (solar dryer) and a low-temperature thermal belt dryer. These dryers were evaluated based on the following criteria: • Ability to meet dryness requirements year round • Initial capital equipment costs • Building/piping/utility costs • Siting constraints • Ongoing O&M (including staffing requirements) • Expandability Page 1 of'4 A thermally enhanced solar biosolids dryer is a newer, innovative process for enhancing greenhouse drying. It uses stainless steel floor plates for heat transfer and external sources of heat can be added which accelerate the drying process. This modification reduces the footprint and cost of the greenhouse, and using external heat sources allows for more consistent operation overnight and seasonally. Digester gas that is currently flared would be used as the primary external heat source in times when solar energy is lower. An evaluation of Meridian's year-round climate and solar patterns were also evaluated to ensure this type of dryer could be used effectively. Some additional benefits of these systems are that they are simple to operate,do not require an additional building, and require minimal staffing/operational costs. Thermal drying systems typically employ conductive and/or convective heat transfer processes. Belt type dryers rely on convection using hot air to evaporate water. This type of dyer would require an additional boiler to provide a heat source(digester gas would be used to heat this boiler) and would require the construction of a building to house the engine and boiler equipment. Because this system is mechanically more complex, it does require a higher level of staffing and maintenance than a solar dying application. While both technologies are capable of achieving the desired dryness and both would fit on-site, the significant difference in initial capital costs and staffing requirements led to the recommendation of the solar dryer for further return on investment(ROI) analysis. Alternative 1.so I a r green h o use dryer Alternative 2:thermal belt dryer Estimate: $3.8M Estimate; $10.7M Range(-30%to +50%):$2.71V to$5.81V Range(-30%to+50%): $7.5M trr$16.OM The costs presented above are high level estimates of capital project costs. They do not include engineering costs (-20% of project cost). The solar dryer with engineering costs added would likely fall in line with the City's $5M ARPA project budget. Alternative 1: Solar Greenhouse Dryer Estimated Construction Cost $3.8M (range $2.7-$5.8M) Estimated Engineering Costs (-20%) $0.8M (range $0.6-$1.2M) Total Project Estimated Costs $4.6M (range $3.3-$7.OM) It is anticipated that the ARPA schedule constraints could also be met. Design and construction of the solar dyer is estimated to be completed by early 2026 if design is started in the fall of 2023. ROI It is anticipated that the solar dryer will reduce the mass of the solids by 4:1, reducing the hauling trips and disposal costs at the landfill. The City currently spends approximately $315K on biosolids disposal alone (not including hauling costs). For the ROI, all hauling costs were evaluated with the City self-hauling its biosolids which is projected to start in February 2024. In FY22 the City Council approved a budget amendment for the Department to pursue self-hauling Page 2 of'4 to save costs. The truck and trailer, as anticipated, had a very long lead time. The Department is anticipating final delivery of this equipment in January 2024. In FY23 the Ada County Landfill raised its rates from $29/ton to $32/ton. Additional increases have been proposed in the near future (potentially to $36/ton in FY25). At$36/ton, it is anticipated that the City would save approximately$237,000 annually on disposal costs and $55,000 annually on self-hauling costs. Additionally, by treating the biosolids to Class A, the City would have the opportunity to investigate other disposal options such as land application and composting, that have previously been more challenging. These alternative disposal option may become even more important as future regulations and capacity concerns continue to exist at the county landfill. Table 7.Benefits,Simple Payback,and ROl Category Item Base Scenario Annual netbenefit $243,154 20-year benefits $4,863,079 Summary Capital cast $3,800,000 Benefits Simple payback 15.63 20-year R01 28% Mom Utilization ($1.5M ARPA Placeholder) This proposed project evaluated the design and installation of a facility that would convert the excess biogas produced at the facility into electrical power that would offset some of the facility's power costs. Biogas is a natural biproduct of the anaerobic digestion process that the WRRF uses to treat the solids at the WRRF. Currently approximately 40% of the gas produced is used to heat the facility's digesters and approximately 60% of the facility's biogas is flared to the atmosphere. Unfortunately, the cost of the capital equipment needed to condition and utilize the biogas in an engine generator is higher than originally anticipated. Because biogas is a rather dirty fuel source (high in H2S, moisture, and siloxanes), additional equipment is needed to condition the gas prior to use. A building must also be constructed to house the engine equipment and boiler. Page 3 of'4 AR01 A K02 A R03 Alt Alt 0 5DOkW Engine 40SkW Engine 335kW Engine 633M Engine Cost Component Status Qua [Siemens] (CAI) (Jenhache" (Jenhacheo Gas Conditioning $0.9 M $0-9 M $0.9 M $0-9 M Engine $0.9 to $1.5 M $0.7 M $0_8 M Installation Cost $2-7 M $3-5 M $2,3 M $2-5 M Total Construction Cost 3 4-5 M $5-9 M $3-9 M $4-2 M Soft Cost 51-1 M 5 1-5 M 5 LAM $1-0 M TOTAL Project Cast $5-6 IA h $7-4 M E 5 4-BM $5-2 M Q a- Safft cost assumed to be 25 percent of tata�cowntcxiorr cost,which irrchkdes desggp and corAVUr ancy cost. 4- 54/+100 cost rounded,$3R411Md c. 50/+100 cost rounded,,$4W$15M4 d- 50/+100 cost rmnded,,2 10A1 e- 50/+100 cost rounded,$3i"10A1 Because the equipment for biogas conversion is complex, a full time FTE would also likely be needed. The biogas system could produce approximately$142K-$232K in annual power savings. The results of the biogas-fueled cogeneration evaluation indicate that continuing to use biogas in boilers for process and facility heating is more economical than purchasing and operating a new engine generator-based cogeneration system. The anticipated energy savings do not outweigh the high capital cost. Electrical costs continue to remain low in Idaho ($0.065/kWh). As electrical costs change in the future (above $0.20/kWh), this type of system should be reevaluated. Recommendations It is recommended that the City commit to the utilization of$5M to the Biosolids Dryer project and begin design efforts as soon as possible. This project would be anticipated to be constructed by January 2026. It is recommended that the City discontinue efforts on the biogas project and reallocate the $1.5M ARPA placeholder funding to another project. Page 4 of'4 Biosolids/Biogas October 2023Public Works Project Updates Background(cogeneration)Utilization Biogas Biosolids Dryer Positive initial ROI estimate•Constructed by Dec 2026•ARPA Eligible•Key project criteria:•2 PW projects identified for additional ROI/feasibility analysis• Biosolids Dryer at landfillless costs Less weight = 2 week)-(1hauls frequent Less 4:1reduce volume Dryer would 2024expected to begin Feb -truck & trailer -FY22 Budget Amendment•$415/truckload to landfill (7 hauls per week)•$32/ton @ landfill•~$445K disposal & hauling-FY22•~10,300 tons per year•($5M ARPA Placeholder Project) Biosolids Dryer Expandability•Ongoing O&M (including staffing requirements)•Siting constraints•Building/piping/utility costs•Initial capital equipment costs•roundAbility to meet dryness requirements year •operation/mechanicalscomplex -Staffing•Requires a building•Higher capital costs• Biosolids DryerThermally Enhanced Solar Greenhouse- Biosolids Dryer M)0.7$-3.3$(rangeM6.4$CostsEstimatedProjectTotal M)2.1$-6.0$(rangeM8.0$)%20(~CostsEngineeringEstimatedM)8.5$-7.2$(rangeM8.3$CostConstructionEstimatedDryerGreenhouseSolar:1Alternative( w/hauling & disposal)$300K/year -Savings of ~$250•ROI•ARPA Funding Placeholder ($5M)•Thermally Enhanced Solar Greenhouse- Biogas Utilization atmosphere~60% of the facility’s biogas is flared to the •facility’s digesters~40% of the gas produced is used to heat the •Current utilization•($1.5M ARPA Placeholder Project) Biogas Utilization FTE requirement••($1.5M ARPA Placeholder Project) Biogas Utilization recognizedthe power savings were afterannually to operate, $140K -between $115KIt would cost the City $7.4M-$~4.9 ROI•Equipment Costs•($1.5M ARPA Placeholder Project) Biogas Utilization Flared After DryerFlared Today Use of excess gas in dryer•If electrical costs go above $0.20/kWh should reconsider•Current: $0.065/kWh•Cost of power• Recommendation$1.475MRecommend to Reallocate$5MRecommendation to Commit for Final Project(~$40K)(~$99K)Spent to Date (through Sept)$1.5M$5MInitial Project PlaceholdersBiogasDryerBiosolids Discontinue efforts on biogas project (Reallocate ARPA Funding) •Commit to biosolids dryer project ($5M ARPA Funding)• E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Fiscal Year 2024 Budget Amendment for the not-to-exceed amount of $144,900.00 for Mary McPherson Elementary Pathway Mayor Robert E. Simison E IDIAN*4_�- City Council Members: Treg Bernt Brad Hoaglun Joe Borton Jessica Perreault D A H O Luke Cavener Liz Strader MEMORANDUM TO: Mayor Simison and City Council FROM: Mike Barton,Parks Superintendent DATE: October 17,2023 RE: Budget Amendment for the Mary McPherson Elementary Pathway Background The Parks and Recreation Department was approached in August of 2023 about the possibility of executing a project to complete the ten-foot-wide, 935-foot-long pathway from the Reflection Ridge Subdivision to Mary McPherson Elementary(see attached concept). This high priority connection has been talked about as providing important connectivity for school-aged children walking to school. We have bid the project and have secured a license agreement to build and operate this pathway across the undeveloped parcel. Action We are requesting approval of a budget amendment in the amount of$144,900 to move this project forward into construction. 9/20/2023 8:40AM City of Meridian FY2024 Budget Amendment Form Personnel Costs Full Time Equivalent(FTE): Fund# Dept.# G/L# Proj.# G/L#Description Total E IDIAN�-- 01 5290 F42024 0 Wages it �;. ;-t Q 01 5290 0 PT/Seasonal Wages 01 5290 0 Overtime please only complete the fields 01 5290 0 Uniform Allowance highlighted in Orange. 01 5290 0 FICA $ Amendment Details 01 5290 0 PERSI $ Title: Mary McPherson Pathway 01 5290 0 Worker's Comp $ Department Name: Par ks and Recrea to n _ 01 1 5290 42025 1 0 lEmployee Insurance $ Presenting Department Name: Parks and Recreation Total Personnel Costs $ Department#: 5290 Operating Expenditures Primary Funding Source: 1 Fund# Dept.# G/L# Proj.# G/L#Description One-Time On-Going Total CIP#: 01 5290 0 $ Project#: 01 5290 0 $ 01 5290 0 $ Is this for an Emergency? ❑ Yes 21 No 01 5290 0 $ New Level of Service? [21 Yes ❑ No 01 5290 0 $ 01 5290 0 $ Clerks Office Stamp 01 5290 0 $ 01 5290 0 $ 01 5290 0 $ 01 5290 0 $ 01 5290 0 $ 01 5290 0 $ 01 5290 0 $ Date of Council Approval 10-17-2023 Total Operating Expenditures $ $ $ Capital Outlay 53201 Fund# Dept.# G/L# Proj.# G/L#Description Total Acknowledgement Date 01 5290 994M 0 Pathway Construction $ 133,000 01 5290 9y94 0 Construction Staking $ 5,000 9/20/23 01 5290 994e1 0 5%Contingency on 138,000 $ 6,900 Department Director 01 5290 o rRIVIEWED 01 5290 0 Todd Lavoie at 10:38 am,Sep 20,2023 jfields 9.20.23 01 5290 0 Chief Financial Officer Total Capital Outlay $ 144,900 Revenue/Donations Approved John Overton via email 9/23/23 Fund# Dept.# G/L# Proj.# G/L#Description Total Co c Liaison n 01 1 5290 1 0 1Y 01 1 5290 1 0 1 9-25-23 01 1 5290 1 0 1 Mayor Total Revenue/Donations $ Total Amendment Request $ 144,900 City of Meridian FY2024 Budget Amendment Form C:\Users\ssiddoway\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\PSQESI9R\fy2024-budget-amendment Mary McPherson Pathway 9/20/2023 8:40AM City of Meridian FY2024 Budget Amendment Form Total Amendment Cost-Lifetime Prior Year(s) Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: Parks and Recreation Funding 2024 2025 2026 2027 2028 Title: Mary McPherson Pathway Personnel $ $ $ $ $ Instructions for Submitting Budget Amendments: Operating $ $ $ $ $ i Department will send Amendment with Directors signature to Finance(Budget Manager)for review Capital $ 144,9 00 ➢ Finance will send Amendment to Council Liaison for signature Total $ - $ 144,900 $ $ $ $ >Council Liaison will send signed Amendment to Mayor Total Estimated Project Cost: $ 144,900 ➢ Mayor will send signed Amendment to Finance(Budget Manager) Evaluation Questions ➢Finance(Budget Manager)will send approved copy of Amendment to Department Please answer all Evaluation Questions using the financial data referenced above. >Department will add copy of Amendment to Council Agenda using MunlcodeAgenda Manager 1. Describe what is being requested? This request would fund the construction of a 10'wide concrete sidewalk from the dead end sidewalk in Reflection Ridge Subdivision to the back of Mary McPherson Elementary. This high priority connection has been talked about as providing important connectivity for school aged children walking to school.We have bid the project and have secured the necessary easements. 2. Why was this budget request not submitted during the current fiscal year budget cycle? The conversations around providing this connection didn't occur until after the budget hearings. 3. What is the explanation for not submitting this budget request during the next fiscal year budget cycle? We have a opportunity to accelerate this project so children can walk to school this year. 4.Describethe proposed method of funding? If funding is split between Funds(i.e. General,Enterprise,Grant),please include the percentage split. List the amounts and sources of anticipated additional revenue that will result from approval of this request. General Fund. 5.Doesthis request align with the Department/City's strategic plan? If not,please explain how this request was not included in the Department/City strategic plan? Yes,under transportation and infrastructure. 6. Does this request require resources to be provided by other departments? If yes,please describe the necessary resources to be provided by other departments. No. 1 7.Does this Amendment include an needed Equipment or Software that will utilize the Cit 's network? Yes or No No. 8.Is the amendment going to result in the disposal of an asset? Yes or No No. 9.Any additional comments? Total Amendment Request $ 144,900 Every effort should be made to avoid reopening the budget for an amendment. Departments will need to provide back up and appear before the City Council to justify budget amendments. Budget amendments are intended for emergency or mandatory changes to the original balanced budget. Changes to the original balanced budget may cause a funding shortfall. City of Meridian FY2024 Budget Amendment Form C:\Users\ssiddoway\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\PSQES19R\fy2024-budget-amendment Mary McPherson Pathway EXHIBIT rMary McPherson Pathway Concept SCALE:1" 200' Located in the State of Idaho,Ada County, Meridian, ID REFLECTION RIDGE SUBDIVISION T � > O 9� U) U O J 3 w U a a 0 z - N - w a - w w TYPICAL CONCRETE PATHWAY SECTION SCALE:NTS < w (L 0 o '{I MARY MCPHERSON a 2.0(TYP) 5.00' I 2.0'(TYP) ELEMENTARY a T 10.0' t 4 I SIDEWALK a �V A/ �ti1q 1.5%CROSS SLOPE 4 2.0'SHOULDER Z��RADIUS %/?i, .✓r?�� �����. I. EDGE FINISH 4"CONCRETE PAVING LIGHT _...I .- o 12"AGGREGATE BROOM FINISH PERPENDICULAR - - - BASE TO WIDTH OF PATH E AMITY RD 3 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Lakeview Golf Course Fiscal Year 2023 Financial Performance, New Fiscal Year 2024 Fees, and Projected Outcomes Mayor Robert E. Simison E IDIANA- Citv Council Members: Joe Borton John Overton Liz Strader Jessica Penrreault u 6610 Brad Hoaalun Luke Cavener MEMORANDUM TO: Mayor Simison and City Council FROM: Jake Garro,Facility Manager Mike Barton,Parks Superintendent DATE: October 10,2023 RE: Lakeview Golf Course FY23 Financial Report and FY24 Fee Discussion The following is a recap of FY23 financial performance,proposed FY24 fees and the projected financial outcome based on the proposed new fees for FY24. FY23 financial overview: Budget expenses—$1,636,920.00 Actual expenses—$1,542,369.00(paid as of September 30,2023,without capital outlay) Actual revenue—$1,897,751.00 Operating budget surplus (without capital expenses)—$355,382.00 FY24 projected financial performance(with proposed new fees): Budget Expenses—$1,678,399.00(without capital outlay) Projected Revenue—$1,974,545.00(based on FY23 volume) Potential Budget Surplus (without capital expenses)—$296,146.00 Proposed FY24 fees: Per statute,the proposed new fees for FY24 are calculated to be reasonably related to the actual cost of the service rendered. These new fees were calculated by identifying a proportionate share of operating costs, including staffing, course maintenance,equipment, and supplies(e.g., fertilizer, fuel, etc.)required to support each service and a small portion of our capital expenses. The proposed fees are comparable to other municipal golf courses in our area. Lakeview Golf Course—Green Fees Current Proposed Weekday— 18 holes $35.00 $39.00 Weekday—9 holes $25.00 $29.00 Weekday Senior— 18 holes $25.00 $32.00 Weekday Senior—9 holes $22.00 $30.00 Weekday Junior— 18 holes $15.00 $18.00 Weekday Junior—9 holes $10.00 $15.00 Weekend— 18 holes $40.00 $44.00 Weekend—9 holes $30.00 $33.00 Weekend Junior— 18 holes $16.50 $22.00 Weekend Junior—9 holes $11.50 $14.00 Twilight $30.00 $35.00 Cart— 18 holes $18.00 $19.00 Cart—9 holes $12.00 $13.00 Personal Cart Trail Fee—No Change $14.00 $14.00 Range Token— Small Bucket $7.00 $8.00 Range Token—Large Bucket $13.00 $14.00 Lakeview Golf Course—Golf Pass Fees Current Proposed Non-Resident Single—Unlimited $1,925.00 $2,002.00 Non-Resident Single—Restricted (anytime on weekdays; afternoons only on weekends and holidays) $1,375.00 $1,430.00 Non-Resident Couple—Unlimited $2,970.00 $3,089.00 Non-Resident Couple—Restricted(anytime on weekdays; afternoons only on weekends and holidays) $2,255.00 $2,345.00 Non-Resident Senior/Military—Unlimited $1,815.00 $1,888.00 Non-Senior/Military—Restricted (anytime on weekdays; afternoons only on weekends and holidays) $1,265.00 $1,316.00 Non-Resident Senior Couple—Unlimited $2,860.00 $2,974.00 Non-Resident Senior Couple—Restricted(anytime on weekdays; afternoons only on weekends and holidays) $2,145.00 $2,231.00 Non-Resident %2 price $582.00 $605.00 Non-Resident Junior—add on $330.00 $343.00 Resident Single—Unlimited $1,749.00 $1,819.00 Resident Single—Restricted(anytime on weekdays; afternoons only on weekends and holidays) $1,249.00 $1,299.00 Resident Couple—Unlimited $2,699.00 $2,807.00 Resident Couple—Restricted(anytime on weekdays; afternoons only on weekends and holidays) $2,049.00 $2,131.00 Resident Senior/Military—Unlimited $1,649.00 $1,715.00 Resident Senior/Military—Restricted (anytime on weekdays; afternoons only on weekends and holidays) $1,149.00 $1,195.00 Resident Senior Couple—Unlimited $2,599.00 $2,703.00 Resident Senior Couple—Restricted(anytime on weekdays; afternoons only on weekends and holidays) $1,949.00 $2,027.00 Resident 1/2 price $529.00 $550.00 Resident Junior $299.00 $311.00 Private Cart Trail Pass $290.00 $302.00 Council Action: No formal action is being requested at this time. Based on Council direction we will adjust these fees if needed,notice and return at a public hearing. E IDIAN.;--- Ada County Highway District Capital Improvement Concept Presentation Page 4 i CITY OF , • ACHD Capital Roadway Improvement Guide h•M, Ak ... 'c 40 MOW�R 3.. Broadway - 102Meridian, ID 83642 0: —This page left intentionally blank— ACHD CAPITAL ROADWAY IMPROVEMENT GUIDE Purpose "non-transportation" components, such as This ACHD Capital Roadway Improvement landscaping, are requested as part of an ACHD Guide (Guide) was developed to expedite the capital project.As a baseline,ACHD will typically process of determining landscape treatments install stamped concrete buffers, rock, and for Ada County Highway District (ACHD) capital sometimes fencing within the public right-of- projects in Meridian.The concept enhancements way, but does not generally install landscaping identified in this document are supported by (vegetation) materials, except when associated ACHD in typical conditions and are designed with drainage or as part of landscape repair. to make the selection of roadway treatments ACHD has determined that a credit can be more streamlined. However,specific participation given the City for what ACHD would otherwise levels by ACHD and Meridian are identified for install with their capital project, when the City the various roadway conditions on a project- decides to enhance the project.This relationship by-project basis and require an approved Cost benefits the City, ACHD and the user/taxpayer. Share Permit. The following capital project conditions are addressed in this Guide: Benefits The City of Meridian desires to participate in 0 Arterial Roadways ACHD roadway projects that meaningfully 0 Roundabouts enhance the safety and experience for all roadway users. Concepts have been developed Since ACHD Capital Improvement Projects with consideration for safety, cost, aesthetics, generally span multiple years of concept water consumption,and long-term maintenance. planning, design, right-of-way acquisition, The City of Meridian and ACHD staff believe that and construction, budgeting for improvements some of these concepts may help with speed by the City can be challenging. Landscape management and should be considered when material availability changes from year-to-year, determining participation levels of the City with labor is impacted by the general economy, and capital roadway projects. inflation occurs. In short,the City is committing 0 to funding improvements years in advance of The enhancements identified to ACHD baseline U actual expenditures with very little influence. improvements in this Guide are intended to 0 This Guide is intended to help the City to support appropriate speed management by understand, in general terms, what a desired ACHD. level of participation may look like,to understand the general tradeoffs,to help inform decisions, o Assumptions in Project and to be more comfortable committing budget Development for future improvements. ACHD capital improvement projects usually This Guide and the upfront coordination between consist of roadway and/or intersection project E the City of Meridian and ACHD will allow for types. Other capital projects such as bridges o more integrated and cohesive design approaches and maintenance are not addressed in this Q to enhance public projects. Matrix Guide.While roadway and intersection E projects often vary substantially in scope and Framework for design features,there are a range of assumptions Implementation for each that are typical. The following table o compare basic assumptions for all standard In May of 2009, ACHD adopted a Cost Share projects, and primary cost and maintenance Ordinance as part of their Transportation Land responsibilities. Use Integration Plan (TLIP). This document U outlines policies and procedures for ACHD o to cooperate with other agencies when UU Table:Typical Responsibilities by Agency ResponsibilitiesAgency Standard Stamped and Colored concrete for surface treatment ACHD » Standard metal railing or Rock Boulders for detection Standard intersection lighting Potential additional landscaping, for speed management enhancements or aesthetic purposes. Additional trees (not those replaced as part of project impacts to existing landscaping) in conditions of: ■ 4-5 foot strips — no trees Meridian ■ 6 foot strips — root barrier required for additional cost. ■ 8 foot strips — no root barrier required. Roadway lighting per City of Meridian Public Works Department Standards, Specifications, and Drawings. Decorative poles, banners, and signs per City of Meridian Public Works Department Standards, Specifications, and Drawings, or as coordinated with the Parks and Recreation and Public Works Departments. Other Considerations Public Art Some projects may include features not The City of Meridian, may want to include public considered "standard", but may be desired in art in ACHD's capital projects.Art can be used certain conditions.The following enhancements to enhance projects, such as the creation of may be desired in projects, and memorialized entryway features.Any vertical use of art can be here for future consideration, but will need considered beneficial for speed management. further project-by-project review. The following are example conditions, which are not addressed in the Guide, but may be included in a capital project when requested by the City and allowed by ACHD: D 0 0 Medians and Splitter Islands: Below:Standard•buffer strip stamped concrete pattern. • . • . • . ■ Incorporate into railings; — ■ Substitute or enhance rock -0 boulders; and ux - ,: �•. Substitute or enhance poles with 0 banners. a ice, 0 Buffer Strips: 0 Nf Incorporate into railings; E Substitute or enhance rock 3 boulders; o ■ Substitute or enhance poles with �° L� banners; QL � Substitute for trees in parkway, y U and 0 Re R0, ' i° Q r 5 i; , 1 i' Yy I S se NET 0 Roundabouts: Stamped Concrete ■ Substitute for rock boulders or The City of Meridian, under certain conditions, trees in roundabout islands. may want to use color and texture in concrete In cases where public art is desired, it is that vary from ACHD standard specifications. incumbent upon the City to notify ACHD early in The following are example conditions, which o the design process.Alternatively, public work may are not addressed in the Guide, but may be U included in a capital project when requested -0 by the City and allowed by ACHD: o c 0 tie-in with existing conditions; — Below:Standard•splitter•island and roundabout stamped concrete pattern. 0 coordinate with other proposed -0 improvements such as art; or D 0 enhance an existing corridor, neighborhood, or sub area plan E E c P thematic. 0 In cases where alternate material specifications Q are desired, it is incumbent upon the City to notify ACHD early in the design process. ° o U 1 n S �. _. Q DEFINITIONS Arterial Roadways:A street designated as a Root Barrier: In the context of roadway improve- major or minor arterial either by Ada County in ments, a vertical wall behind the back of curb the most current centerline data, or by ACHD in and sometimes in front of sidewalk that prevents the most current Master Street Map (for future roots from growing at shallow depths below planned conditions).Arterial roadways collect sub-grade and concrete. The barrier is intended traffic from all nearby local and collector road- to prevent heaving and cracking of concrete and ways. In Meridian,these are typically roads on asphalt by the roots of some tree species. section lines. Speed Management: Roadway design features Buffer Strip:The space behind back of curb and intended to create safer, more consistent driving front of sidewalk that separates the sidewalk or speed and which results in more reliable travel multiuse pathway from vehicle travel lanes. One patterns. variant known as parkway,this specific variant is landscaped and historically resulted in tree lined streets. See ACHD Policy' for dimensional requirements. Conflict Points: In the context of transportation, these are the intersections or driveways when any two users meet at different travel directions or when merging into the same travel direction. Examples include all stop controlled intersec- tions and most turning movements at traditional roadway intersections, curb cuts (driveways), and pedestrian crossings. Every conflict point is a potential collision, and the more conflict points that exist within an area the more the difficulty of users to fully comprehend their environment and the likeliness of a collision. Q x Multiuse Pathway: Sidewalk that is intended to serve both pedestrians and bicyclists. Generally, the multiuse pathway is 10-feet or more. See Q ACHD Policy for dimensional requirements. Q Non-Continuous Visual Barrier:The linear area parallel to a roadway that includes landscape D enhancements which create visual complexity } and is intended to support Speed Management (see definition). See also Appendix B,Addressing E Shared Need. o 0 Q Parkway: See Buffer Strip. E 3 0 0 U . . . . . . p 1 ACHD Policy Manual Section 7200, and ACHD Tree Planting Policy. _ U 2 ACHD Policy Manual Section 7200. Q —This page left intentionally blank— Street trees enhance city streets both functionally and aesthetically. Trees provide shade to homes, businesses, and pedestrians. Street trees also have the potential to slow traffic speeds, especially when placed on a curb extension in line with on-street parking, and may increase pavement life by avoiding extreme heat. Aesthetically, street trees frame the street and the sidewalk as discrete public realms, enriching each with a sense of rhythm and human scale. -National Association of City Transportation Officials. (2023, September). Urban Street Design Guide: Sidewalks. Retrieved from: https://nacto. org/publications/ JIF E IDIAN ILHO City Council(Matrix)ACHD Capital Improvement Guide(Matrix)ACHD Capital Improvement Guide Brian McClure, Comprehensive Associate PlannerOctober 17th, 2023City CouncilBrian McClure, Comprehensive Associate PlannerOctober 17th, 2023 Overview(Black Cat and McMillan intersection)Feedback and Immediate Use–Next StepsAppendix–Matrix–Introduction–The Guide Background Background: Capital Project constructed materialsImpacting costs, timing, and –Change OccursConstruction–ROW–Design–Concept Design–(once initiated)Typically Five Year projectsIntersections–Roadways –Types of Projects: Matrix Applicability Policy Framework streamline and reduce changeGoal : for landscape or custom features.Maintenance usually expected by City •concrete buffers)–(e.g. features they don’t have to installACHD policy allows reimbursement for –wasted.City that their design work will not be design elements. This is a commitment by Early in process so ACHD can incorporate –City Participation through a cost sharewill/cannot install landscaping–ACHD  ACHD Capital Roadway Improvement Matrix but have been difficult to study.–AppendixCutsheets–Matrices–Conceptsknowledge.the reason, and maintain institutional Document is intended to describe the process, –Introduction 1section/configurations types-Column: Basic road cross st 2Column: Road and Intersection Treatments without Partnership nd 3Columns: Meridian Levels of Participation, 1 through 4 th 6- Black Cat and McMillan Roundabout Example Next Steps(ACHD requesting a cost share)Black Cat and McMillan–Direction Matrix-Questions / Feedback  � ARTERIAL ROADWAY MATRIX Page 1 ACHD CAPITAL ROADWAY IMPROVEMENT GUIDE . PROJECT CHARACTERISTICS MERIDIANOF • Key Features Baseline Improvements (Generally Cost Share Policy+ Maintenance) (Expect moderate budget request) Level 3 (Expect moderate budget request) (Budget reflects several goals) Buffer Strips: Buffer Strips: Buffer Strips: Buffer Strips: Buffer Strips: 0 No Median/ 0 Stamped concrete'. 0 Stamped concrete'. 0 Stamped concrete'. 0 Stamped concrete'. 0 Extensive landscape plantings of native plants' 0 Buffer Strip Under 6' in 0 Landscape openings with native plants'and 0 Decorative poles'. 0 Decorative poles'. and boulders. Width boulders. Reference: 0 Landscape openings with native plants'and Reference: Reference: 0 See Cutsheet Series A, Level 2 for Buffer Strips. boulders. 0 See Cutsheet Series A, Level 4 for Buffer Strips. 0 See Cutsheet Series A, Level 1 for Buffer Strips. Reference: 0 See Cutsheet Series A, Level 3 for Buffer Strips. Median: Median: Median: Median: Median: 0 Median 0 Stamped concrete'. 0 Stamped concrete'. 0 Stamped concrete'. 0 Stamped concrete'. 0 Stamped Concrete'. 0 Buffer Strip Under 6' in Buffer Strips: 0 Landscape openings with trees', native plants', 0 Decorative poles'. 0 Decorative poles'. 0 Landscape openings with trees', native plants', Width 0 Stamped concrete'. and boulders. Buffer Strips: 0 Landscape openings with trees', native plants', and boulders. Buffer Strips: 0 Stamped concrete'. and boulders. Buffer Strips: 0 Stamped concrete'. 0 Decorative poles'. Buffer Strips: 0 Extensive landscape plantings of native plants' 0 Landscape openings with native plants'and Reference: 0 Stamped concrete'. and boulders. boulders. 0 See Cutsheet Series A, Level 2. 0 Decorative poles'. Reference: Reference: 0 Landscape openings with native plants'and 0 See Cutsheet Series A, Level 4. 0 See Cutsheet Series A, Level 1. boulders. Reference: 0 See Cutsheet Series A, Level 3. Buffer Strips: Buffer Strips: Buffer Strips: Buffer Strips: Buffer Strips: 0 No Median 0 Stamped concrete'. 0 Stamped concrete'. 0 Stamped concrete'. 0 Stamped concrete'. 0 Extensive landscape plantings of trees', native 0 Buffer Strip 6'and 0 Landscape openings with trees', native plants', 0 Decorative poles'. 0 Decorative poles'. plants'and boulders. Greater in Width and boulders. Reference: 0 Landscape openings with trees', native plants', Reference: Reference: 0 See Cutsheet Series B, Level 2 for Buffer Strips. and boulders. 0 See Cutsheet Series B, Level 4 for Buffer Strips. 0 See Cutsheet Series B, Level 1 for Buffer Strips. Reference: 0 See Cutsheet Series B, Level 3 for Buffer Strips. Median: Median: Median: Median: Median: 0 Median 0 Stamped concrete'. 0 Stamped concrete'. 0 Stamped concrete'. 0 Stamped concrete'. 0 Stamped concrete'. 0 Buffer Strip 6'and Buffer Strips: 0 Landscape openings with trees', native plants', 0 Decorative poles'. 0 Decorative poles'. 0 Landscape openings with trees', native plants', Greater in Width 0 Stamped concrete'. and boulders. Buffer Strips: 0 Landscape openings with trees', native plants', and boulders. Buffer Strips: 0 Stamped concrete'. and boulders. Buffer Strips: 0 Stamped concrete'. 0 Decorative poles'. Buffer Strips: 0 Extensive landscape plantings of trees', native 0 Landscape openings with trees', native plants', Reference: 0 Stamped concrete'. plants'and boulders. and boulders. 0 See Cutsheet Series B, Level 2 0 Decorative poles'. Reference: Reference: 0 Landscape openings with trees', native plants', 0 See Cutsheet Series B, Level 4. 0 See Cutsheet Series B, Level 1. and boulders. Reference: 0 See Cutsheet Series B, Level 3. NOTESF-0 STANDARD 1.Trees planted in buffer strips and medians under 8 feet in width shall have 3. Native Plants: Plants shall be native or near native plants. 5.Art may be included in ACHD Capital Projects to enhance community interest root barrier installed.Trees shall be low water consumptive. and provide other benefits. 4. Decorative Poles: Poles shall include lights,signs,and/or banners,and 'I D,ILA�N?A--- 2.Stamped Concrete shall be ACHD standard pattern unless otherwise coordi- adhere to City standards. 6.Cost share credit may be used to expand ACHD's baseline improvements. nated as part of • share. ARTERIALRoUNDABOUT MATRIX Page 2 ACHD CAPITAL ROADWAY IMPROVEMENT GUIDE PROJECT . OF • Key Features Baseline Improvements (Generally Cost Share Policy+ Maintenance) (Expect moderate budget request) Level 3 (Expect moderate budget request) (Budget reflects several goals) Buffer Strips and Diverter Buffer Strips and Diverter Islands: Buffer Strips and Diverter Islands: Buffer Strips and Diverter Islands: Buffer Strips and Diverter Islands: 0 Associated with Series Islands: 0 Stamped concrete'. 0 Stamped concrete'. 0 Stamped concrete'. 0 Extensive landscape plantings of native plants' A streets with: 0 Stamped concrete'. 0 Landscape openings with native plants'and 0 Decorative poles'. 0 Decorative poles'. and boulders. 0 No Median Center Islands: boulders. Center Islands: 0 Landscape openings with native plants'and Center Islands: 0 Buffer Strip Under 6' in 0 Stamped concrete'. Center Islands: 0 Rock mulch. boulders. 0 Rock mulch., boulder tree wells and wall. Width 0 Rock Boulders, 0 Rock mulch and boulders. 0 Terraced rock walls. Center Islands: 0 Landscape with deciduous and evergreen Landscape,or Railing 0 Landscape with trees'and native plants'. 0 Decorative poles'. 0 Stamped concrete band'. trees5. Reference: Reference: 0 Decorative poles'. 0 Native plants'. 0 See Cutsheet Series C, Level 1. 0 See Cutsheet Series C, Level 2. 0 Rock mulch and boulders Reference: 0 Landscape with evergreen trees'and native 0 See Cutsheet Series C, Level 4. plants'. Reference: 0 See Cutsheet Series C, Level 3. Buffer Strips and Diverter Buffer Strips: Buffer Strips and Diverter Islands: Buffer Strips and Diverter Islands: Buffer Strips and Diverter Islands: 0 Associated with Series Islands: 0 Stamped concrete'. 0 Stamped concrete'. 0 Stamped concrete'. 0 Extensive landscape plantings of native plants3 A streets with: 0 Stamped concrete'. 0 Landscape openings with native plants',and 0 Decorative poles°. 0 Decorative poles'. and boulders. 0 Median Center Islands: boulders. Center Islands: 0 Landscape openings with native plants'and Center Islands: 0 Buffer Strip Under 6' in 0 Stamped concrete'. Diverter Islands: 0 Rock mulch. boulders. 0 Rock mulch, boulder tree wells and wall. Width 0 Rock Boulders, 0 Stamped concrete'. 0 Terraced rock walls. Center Islands: 0 Landscape with deciduous and evergreen Landscape,or Railing 0 Landscape openings with trees', native plantS3, 0 Decorative poles°. 0 Stamped concrete band' trees5. and boulders. 0 See Cutsheet Series C, Level 2. 0 Decorative poles'. 0 Native plants'. Center Islands: 0 Rock mulch and boulders. Reference: 0 Rock mulch and boulders 0 Landscape with evergreen trees'and native 0 See Cutsheet Series C, Level 4. 0 Landscape with trees'and native plants'. plants'. Reference: Reference: 0 See Cutsheet Series C, Level 1. 0 See Cutsheet Series C, Level 3. Buffer Strips and Diverter Buffer Strips: Buffer Strips and Diverter Islands: Buffer Strips and Diverter Islands: Buffer Strips: 0 Associated with Series Islands: 0 Stamped concrete'. 0 Stamped concrete'. 0 Stamped concrete'. 0 Extensive landscape plantings of trees', native B streets with: 0 Stamped concrete'. 0 Landscape openings with native plants',and 0 Decorative poles4. 0 Decorative poles'. plants'and boulders. 0 Median Center Islands: boulders. Center Islands: 0 Landscape openings with native plantS3 and Diverter Islands: 0 Buffer Strip 6'and 0 Stamped concrete'. Diverter Islands: 0 Rock mulch. boulders. 0 Stamped concrete'. Greater in Width 0 Rock Boulders, 0 Stamped concrete'. 0 Terraced rock walls. Center Islands: 0 Landscape openings with trees', native plants', Landscape, or Railing 0 Landscape openings with trees', native plants', 0 Decorative poles4. 0 Stamped concrete band'. and boulders. and boulders. Reference: 0 Decorative poles'. Center Islands: Center Islands: 0 See Cutsheet Series C, Level 2. 0 Rock mulch and boulders. 0 Rock mulch, boulder tree wells and wall. 0 Rock mulch and boulders. 0 Landscape with evergreen trees-5 and native 0 Landscape with deciduous and evergreen 0 Landscape with trees'and native plants'. plantS3. trees5. Reference: Reference: 0 Native plants'. 0 See Cutsheet Series C, Level 1. 0 See Cutsheet Series C, Level 3. Reference: 0 See Cutsheet Series C, Level 4. STANDARD NOTES width1.All trees shall be low water consumptive.Trees planted in buffer strips and 3.Native plants shall be native or near native plants. 5.Art may be included in ACHD Capital Projects to enhance community interest medians under 8 feet in .. provide other benefits. CUTSHEET SERIESAPage 13 Levell ROADWAYACHD CAPITAL • PLAN SCHEMATIC G PERSPECTIVE SCHEMATIC G MATERIAL SAMPLES r H Xeriscape Plants Rack 6aulders m and Mulch C SttS� in C° Planting Opening � o - � y-� _ -�� - -� -•` r M - Low Water Consumptive-' Class ITrees-Medi �► � •a li L° � y w TYPICAL FEATURES � Planting Opening � � � _ �, w/Boulders B L = MEDIANs: ORWIDTH Native Plants � ■ Stamped Concrete 0 Stamped Concrete ACHD StandardStandard Pattern 0 Landscape Openings with: 0 Landscape Openings with: 20-25' in length 20-25' in length Class I Trees- Low Water Consumptive Rock Boulders Rock Boulders Native or Near Native Xeriscape Plants Native or Near Native Xeriscape Plants Rock Mulch Rock Mulch 1 Will G STANDARD NOTES 1.All trees shall be low water consumptive. Trees planted in buffer strips and 3.Street lighting shall meet Meridian Public Works standards and specifications. medians under 8 feet in width shall have root barrier installed. E ID�^- IDAHO 2.Traffic control signs and safety lighting are not shown.Design/spacing of trees and decorative poles shall be coordinated with other improvements. CUTSHEET SERIEs APage 4 Level2 ROADWAYACHD CAPITAL • • PLAN SCHEMATIC G PERSPECTIVE SCHEMATIC G MATERIAL SAMPLES MEDIANs: 8-FEET OR GREATER BUFFER STRIPS: UNDER 6-FEET IN WIDTH �� . Decorative Poles with Lights, . '� Signs and/lir Banners a C/] Q7 _- Decorative Pole .a a c c� m a C/7 s � Decorative Pole 0 � TYPICAL FEATURES ■ Stamped Concrete 0 Stamped Concrete ACHD Standard Pattern ACHD Standard Pattern • Decorative Poles 0 Decorative Poles L yWith Lights, •ns, and/or Banners With Lights,signs, • • banners CG 67 Will d c 67 � N � 7 07 G STANDARD NOTES 1.All trees shall be low water consumptive. Trees planted in buffer strips and 3.Street lighting shall meet Meridian Public Works standards and specifications. medians under 8 feet in width shall have root barrier installed. E ID�^ IDAHO 2.Traffic control signs and safety lighting are not shown.Design/spacing of trees and decorative poles shall be coordinated with other improvements. ROADWAYPage 5 CUTSHEET SERIEs A I Level 3 ACHD CAPITAL • • PLAN SCHEMATIC 0 PERSPECTIVE SCHEMATIC G MATERIAL SAMPLES JA k 1 P y 67 L r r 7 Xeris�ape Plants Rock Boulders � m and Mulch - MEDIANs: 8-FEET OR GREATER BUFFER STRIPS: UNDER 6-FEET IN L] M C7 �� � ti Rr,.,k• 11 �• Native Plants � ! i � �•� :' Deeorative Poles'�w'l�th - Low Water Consumptive ' Lights, Class ITrees-Median Signs and/n�Banners y Planting Opening c TYPICAL FEATURES a w/Boulders N J •_ _s Native Plants � "' `° WIDTH a Stamped Concrete 0 Stamped Concrete ACHD Standard Pattern . ACHD Standard Pattern m ' and/or0 Landscape Openings with: 0 Decorative Poles 20-25' in length With Lights, signs, banners LandscapeClass I Trees - Low Water Consumptive 0 Openings with:Pale Rock Boulders ' length Native or Near Native ..- Plants Rock Boulders 10 Rock Mulch Native or Near Native Xeriscap Rock Mulch G STANDARD NOTES 1.All trees shall be low water consumptive. Trees planted in buffer strips and 3.Street lighting shall meet Meridian Public Works standards and specifications. medians under 8 feet in width shall have root barrier installed. E ID��--- IDAHO 2.Traffic control signs and safety lighting are not shown.Design/spacing of trees and decorative poles shall 1e coordinated with other improvements. CUTSHEET SERIEs APage 16 Level4 ROADWAYACHD CAPITAL • PLAN SCHEMATIC 0 PERSPECTIVE SCHEMATIC G MATERIAL SAMPLES -- Stampedof Concrete , AV Ail VA A"A AL .4 ~•tr r1 ,� Xeriscape Plants Rock Boulders c # 4k „* and Mulch of IN Native Plants - l ` • •� -' . Decorative Poles with Low Water Consumptive ' Lights, lass ITrees-Median Signs and/n�Banners a � Planting w/ —' y y TYPICAL FEATURES *`�•r, .��. m ' Boulders B L , , �; Native Plants m • Stamped Concrete • Stamped Concrete 'p ACHD Standard Pattern ACHD Standard Pattern 0 Landscape Openings with: 0 Landscape with: 1 •th Class 11 Trees - Low Water Consumptive Class I Trees - Low Water Consumptive Rock Boulders Rock Boulders or .•- Plants. Expanded Plant r1 yar Palette in Level 4 Plantings. Native or Plants Rock Mulch Rock MulchXeriscape Plants 4 ,� G STANDARD NOTES Will 1.All trees shall be low water consumptive. Trees planted in buffer strips and 3.Street lighting shall meet Meridian Public Works standards and specifications. medians under 8 feet in width shall have root barrier installed. E IDIAN=-- 4. Expanded native/near native plant palette to be used in buffer strips. i�a H o 2.Traffic control signs and safety lighting are not shown.Design/spacing of trees and decorative poles shall be coordinated with other improvements. 9 Level PLAN SCHEMATIC 0 PERSPECTIVE SCHEMATIC 0 MATERIAL SAMPLES v v i IT 10 Stamped Concrete Ca ro C/7 + ►�`' !x v Rack Boulders , � , ►,,� Xeriscape Plants m �,{. '�,• and Mulch C C C A� r• :x iY �� �Y�.;.��jy� Lfl OR. CA V3141 �Jr3 cc ..ate.. 'd �* - �• - H Planting Opening w/Class I Tree, Boulders B _ r Native Plants41 _ sic 4L _ � N& Low Water Consumptive ~ _ow WatEConsumptive. Class I Trees-Median Class II Trees-Buffers- Cn rt�+ G] LG C C 0- cc W TYPICAL FEATURES Planting Cn C Opening w/ Class II Tree, Boulders B • Native Plants •' • • •' • i' 0 STANDARD NOTES 1.All trees shall be low water consumptive. Trees planted in buffer strips and 3.Street lighting shall meet Meridian Public Works standards and specifications. medians under 8 feet in width shall have root barrier installed. E IDI N IDAHO 2.Traffic control signs and safety lighting are not shown.Design/spacing of trees and decorative poles shall be coordinated with other improvements. CUTSHEET SERIEs Page 8 B Level2 ROADWAYACHD CAPITAL • PLAN SCHEMATIC G PERSPECTIVE SCHEMATIC G MATERIAL SAMPLES Iwo MEDIANs: 8-FEET OR GREATER BUFFER STRIps: 6-FEET OR GREATER f H' C/7 _ Q, ,' . Decorative Poles with Lights, •a Signs and/lir Banners Stamped �'' Concrete o a L J CO C] 0 L\ DeCOratlVe POIe TYPICAL FEATURES ■ Stamped Concrete 0 Stamped Concrete ACHD Standard Pattern ACHD Standard Pattern 07 � C p d • Decorative Poles • Decorative Poles With Lights, Signs, and/or Banners With Lights,signs,and/or banners � J � G7 67 G STANDARD NOTES 1.All trees shall be low water consumptive. Trees planted in buffer strips and 3.Street lighting shall meet Meridian Public Works standards and specifications. medians under 8 feet in width shall have root barrier installed. E ID�^ IDAHO 2.Traffic control signs and safety lighting are not shown.Design/spacing of trees and decorative poles shall be coordinated with other improvements. PLAN SCHEMATIC 0 PERSPECTIVE SCHEMATIC 0 MATERIAL SAMPLES • f' V 1, Stamped Concrete w +' 1FEI j r i Xeriscape Plants Rock boulders �� and Mulch cc CM M EL C3. lfl v M v CL o Planting Opening w/Class I Tree, r.. Boulders B Native Plants Al SIC Low Water Consumptive ow Water-Consumptive 3• Class I Trees-Median Class II Trees-Buffers- =m rA TYPICAL FEATURES � Planting 0CU _ Opening w/ d cc ? Class II Tree, a H r- CU V7 ■ •-• • ■ •-• • ice'". v.' 4 ..�. Boulders B Native Plants <— Decorative Pale '• •- ' Decorative Poles fn Lights, • '• • '• Signs and/nP Banners 0 STANDARD NOTES 1.All trees shall be low water consumptive. Trees planted in buffer strips and 3.Street lighting shall meet Meridian Public Works standards and specifications. medians under 8 feet in width shall have root barrier installed. E IDI N IDAHO 2.Traffic control signs and safety lighting are not shown.Design/spacing of trees and decorative poles shall be coordinated with other improvements. j Level PLAN SCHEMATIC 0 PERSPECTIVE SCHEMATIC 0 MATERIAL SAMPLES ■ �! ' '''�1 � . i Stamped Concrete ' Rack 6aulders r v Xeriscape Plants r and Mulch •07 - .�/, •� ..fir `� •.�,r.' r-r �i.iY'�'. .� .`� „ iy 'r _ f _ - a �i :• cy , r . .. Planting Opening - ` ^� k, w/Class I Tree, Boulders 5 --- — - � Native Plants Al SIC- Low Water Consumptive '~ ow Watkonsumptive� Class I Trees-Median Class II Trees-Buffers- Ai Cn d M ARrt�+ CO � Planting w/ J wCa TYPICAL FEATURES > Ilk l. R, ++� 4 'Class II Tree, cc }� L � ; i Boulders C '� "' F Native Plants 1, r /�1 � �r'•, '_���.n '• •• • • •- ' •. •-• ' �'p• .. - - r Decorative Pale 4 =?`� 'Lights, _< Xeriscape Plants ' ` Signs and/or Banners kk 0 STANDARD NOTES 1.All trees shall be low water consumptive. Trees planted in buffer strips and 3.Street lighting shall meet Meridian Public Works standards and specifications. medians under 8 feet in width shall have root barrier installed. E IDIAN=—•- 4. Expanded native/near native plant palette to be used in buffer strips. i UA H o 2.Traffic control signs and safety lighting are not shown.Design/spacing of trees and decorative poles shall be coordinated with other improvements. CUTSHEET SERIES Ce 11 Level 1 . • ROADWAYACHD CAPITAL • PLAN SCHEMATIC G PERSPECTIVE SCHEMATIC G MATERIAL SAMPLES AbL Al, Or r � f l.. iOIL e _.:. ,� ,., ��� Xeriscape Plants Diverter - _ - lu _� • Island Typ. - - — "77111 � rt Class I Trees, � Low Water Consumptive :L_ow Water Consumptive Evergreen `_ Class I Trees _ Evergreen Trees` Trees,boulders D Native Plants .�* � � s TYPICAL FEATURES Wall providing � **. 9��Ppq utility and CENTER ISLAND: ' Standard Pattern&Color maintenanceLandscapescape Openings Class I access length Stamped D-ciduous Trees- Low Water • tive 20-25' in Concrete Typ Evergreen Consumptive Rock Boulders Rock Boulders Native or Near Native Xeriscape Plants Native or Near Native Xeriscape Plants Rock Mulch Rock Mulch SPUTTER ISLAND: DivERTER ISLANDS: 0 Stamped Concrete G STANDARD NOTES 1.All trees shall be low water consumptive. Trees planted in buffer strips and 3.Street lighting shall meet Meridian Public Works standards and specifications. splitter islands under 8 feet in width shall have root barrier installed. E ID�^ IDAHO 2.Traffic control signs and safety lighting are not shown.Design/spacing of trees and decorative poles shall be coordinated with other improvements. CUTSHEET SERIES CPage 12 Level 2 ACHD CAPITAL ROADWAY IMPROVEMENT PLAN SCHEMATIC G PERSPECTIVE SCHEMATIC G MATERIAL SAMPLES +yam rt �Y Decorative r , . - Pale d�llc �5plitter Island Typ. • '-- - �Diverter - - -; �r CENTER ISLAND: DIVERTER ISLAND: . f ,�.rYd Tarr• .( �. _ Terraced � �Decorative "'.�'�Decorative Pole for Retaining Walls Pole Typ. Lights, Signs,and/or w/Rack Mulch Banners TYPICAL FEATURES Stamped0 Decorative •. and/orbanners. .-. Concrete Concrete -. Rock Walls. ACHD Standard Pattern&Color Rock Mulch SPUTTER ISLAND: ■13 Stamped Concrete Standard Pattern &Color 13 Decorative Poles for lights, signs,and/or banners. 0 STANDARD NOTES 1.All trees shall be low water consumptive. Trees planted in buffer strips and 3.Street lighting shall meet Meridian Public Works standards and specifications. splitter islands under 8 feet in width shall have root barrier installed. E ID�^ IDAHO 2.Traffic control signs and safety lighting are not shown.Design/spacing of trees and decorative poles shall be coordinated with other improvements. CUTSHEET SERIES C Level 3 Page 13 ACHD CAPITAL ROADWAY IMPROVEMENT PLAN SCHEMATIC G PERSPECTIVE SCHEMATIC G MATERIAL SAMPLES CENTER r ^4 Decorative - �' R'•Ini. . t ��s;, '� � - Xeriscape Plants � ;� - � � '• _ and Mulch - �Diverter ,. �, , �� � � a.�• Ili• , Mound w/ ,�°#¢*��°t Decorative - • � `' � { Evergreen � . Pale Typ. Decorative Poles far - Low Water Consumptive Trees,Boulders � ¢� Lights,Signs, and/ar Evergreen Trees B Native Plants TYPICAL FEATURES ISLAND: ISLAND: 0 Stamped Concrete Band 0 Stamped Concrete ACHD Stamped ConcreteStandard Pattern Color - Openings Decorative •. and/or ■ Landscape Evergreen Trees- Low Water Consumptive Rock Boulders with Rock Mulch Rock Boulders with Rock Mulch Native or Near Native Xeriscape Plants Native or Near Native ..- PlantsISLAND: ■ Stamped Concrete 0 STANDARD NOTES 1.All trees shall be low water consumptive. Trees planted in buffer strips and 3.Street lighting shall meet Meridian Public Works standards and specifications. splitter islands under 8 feet in width shall have root barrier installed. E ID�^ IDAHO 2.Traffic control signs and safety lighting are not shown.Design/spacing of trees and decorative poles shall be coordinated with other improvements. Level 4 PLAN SCHEMATIC 0 PERSPECTIVE SCHEMATIC 0 MATERIAL SAMPLES 7�71 wo'] -- * '' ;: ++I° ^ z�; 1 ►'�L v,�, = Xeriscape Plants Rock Boulders and Mulch 5plitter Island Typ. ;y Diverter ti Island Typ. Ito Mound w/ ' ' '' Low Water Consumptive low Water Consumptive Boulder Evergreen Trees " - + Class I Trees Ev ergreen Trees M, + Tree Well w/ B Native Plants Class I Tree B Native Boulder Wall w/ Plants TYPICAL FEATURES . � Trailing Plants Stamped - Concrete '- ' ' V . ' ;.Decorative Pales for 4 Lights, Xeriscape Plants .. Signs and/or .Banners 0 STANDARD NOTES 1.All trees shall be low water consumptive. Trees planted in buffer strips and 3.Street lighting shall meet Meridian Public Works standards and specifications. splitter islands under 8 feet in width shall have root barrier installed. E IDIAN -- 4. Expanded native/near native plant palette to be used in buffer strips and I DA H o 2.Traffic control signs and safety lighting are not shown.Design/spacing of trees center island. and decorative poles shall be coordinated with other improvements. APPENDIX A. Interagency Cooperation area is in medians, splitter islands, and buffers and Safety separating sidewalks and multiuse pathways Roadway design and engineering is a careful from travel lanes. balance of priorities considering: In some cases, vertical road improvements • accommodating different user types; may be continuous, such as jersey barriers in highway/mobility corridor conditions. However, 0 providing consistent and reliable these types of improvements are generally travel speeds; reserved for high speed conditions and are • providing reasonable local access; unattractive.Other conditions may benefit from • impacts to the surrounding constructed barriers such as fencing or guard community; and rail systems, but these too have limited practical application and aesthetic consequences. The 0 the safety of all users. primary approach to provide speed management One of the primary reasons for the interagency in this Guide is in creating the appearance of cooperation supported by the ACHD Capital non-continuous visual barriers, as viewed from Improvement Roadway Guide (Guide) is to a user's perspective when traveling along a genuinely improve the toolset available to corridor. address all roadway needs. This cooperation Non-continuous visual barriers can serve allows ACHD to better address areas of specific multiple functions, often with more height concern such as speed management, when and more visual complexity than continuous interpretation of Idaho State statutory limitations metal or concrete barriers, and do so without would otherwise limit effective treatment options. creating sight-line barriers of conflict points. The following speed management concept is addressed generally in the Guide. These may include standard features such as large boulders or intentionally coordinated Speed Management and Non-Continuous placement of features such as intersection Visual Barriers lighting, continuous lighting, center median X island trees, parkway trees, decorative lighting, 0 Roadway cross sections with multiple thru decorative poles, bollards, or standard pole a and turning lanes, bike lanes, and attached adornments,additional vegetation, and in some 0- sidewalks or multi-use pathways create a cases public art.The incorporation of standard _ wide right-of-way. This naturally increases the capital project features such as street lighting speed at which motorists feel comfortable to or traffic control signs, when considering the -0 drive. While the capacity provided by wider spacing of non-continuous visual barriers, may CD roadways is often necessary, faster speeds with bring overall costs down and improve their greater variability by some users may create benefit and impact as it relates to safety. E inconsistency, leading to congestion, and may increase the potential for more dangerous Spacing of Features Q conditions.This is particularly true when more Q conflict points exist at intersections, curb cuts, The desired spacing for non-continuous visual E and bike or pedestrian crossings. One way to barriers relates to corridor cross-section widths, 3 reduce the natural inclination of motorists to the continuity of travel surfaces (how often drive faster, and to improve safety, is to create surfaces are interrupted with other complexities), �° the appearance of more narrow roadways with and selected treatments. Generally,the desired vertical improvements. The desired location spacing of non-continuous visual barrier features a for vertical improvements to create visual (features)within medians is 35-feet between the U obstructions and narrow the perceived road center of feature areas, either taller than 4-feet o . . U 3� Idaho�State Code section 40-1310(1) and Idaho Code section 40-202(4). Q such as trees or poles, or for constructed or The proposed baseline for the spacing of trees non-movable elements such as boulders with and other vertical elements aligns with historical other accent features. Standard medians have design influences and treatments, but is a the greatest potential impact in reducing the starting point only. The ACHD may determine user perceived feel of the overall width of the that alternate spacing is necessary to achieve road due to their location.Within buffer strips, the necessary balance of function and safety, the same spacing is generally 70-feet. These after engineering of specific locations within a areas do not create as much visual separation in broader more complex environment. the roadway cross-section and are considered to have reduced impact on speed management. However,vertical elements in buffer strips also enhance the separation of pedestrian and bicycle users from higher speed automotive traffic, and have increased benefit for the perception of user comfort and safety due to, while still contributing towards speed management. Planted landscape materials less than 4-feet are not considered to have a speed management impact by themselves, but may enhance the impact of other constructed or "qualifying" features by increasing the complexity and perceived size or frequency of feature areas. Concept Context Every project is unique notjust in the alignment and cross-section of the roadway, but the context of elements within and outside the right-of-way that contributes to the unique perspective of everchanging environments. As a result, vertical elements and their spacing or speed Q x management qualities, these non-continuous visual barriers, have been difficult to study and Q to develop engineering standards for. Instead, a this concept as proposed is based within the context of architecture and psychology.Two very o different but cross-disciplinary fields that help to inform how the environment is perceived. CD How we design for people,their environments, c and the manner in which people interact with E their environment. There is often wisdom in o history and the features of traditional design, Q the spacing of mature trees, and the context E that we in many ways now seek to recreate; what was once known.There is still appreciation 3 for the environments that were slower, more U constrained, with limited access, and in the �° stronger vertical presence defining along a roadways edge.This is in stark contrast to strictly vehicle oriented design that for decades sought v to serve the conflicting goals of both increased speed and access along wide open corridors. Q E IDIAN 'aAll AGENDA ITEM ITEM TOPIC: Black Cat/McMillan Intersection Cost Share Discussion C� fIEN DL ;,,A HO MEMO TO CITY COUNCIL Agenda Topic on the City Council Agenda From: Caleb Hood, Community Development Date: October 17, 2023 Presenter: Caleb Hood, Community Development Estimated Time: 10 minutes Topic: Black Cat/McMillan Intersection Cost Share Per standard coordination with ACHD,the City and the District enter into cost share agreements for certain non-transportation components to be included in roadway projects. The subject project includes the typical cost share elements such as conduit and junction boxes as well as some potential opportunities for landscaping above the ACHD baseline. Staff seeks Council direction on areas to partner with ACHD to improve the project to meet the communities' needs. History Staff brought this project to Council on July 25th to discuss potential landscape elements. Council expressed an interest in including some landscaping but wanted to hear more about a consistent palate of materials to be used throughout the City.The City has been working with a consultant and ACHD to develop a matrix that includes landscape concepts (previous 10/17 workshop item.) With the matrix project moving forward, staff has outlined the Black Cat/McMillan intersection landscaping opportunities for Council's consideration. Black Cat and McMillan Roundabout Design The proposed design includes constructing a multi-lane roundabout with a truck apron and multi- use pathways with crosswalks and rectangular rapid flashing beacons (RRFBs) at each pedestrian crossing/leg. The opportunities to provide landscaping, as opposed to the ACHD baseline stamped concrete treatment, exists in three locations: 1) the center island of the roundabout itself, 2) the splitter islands in the middle of all four legs,and 3) the buffer areas between the curb and the multi- use pathway. NOTE: There is a stormwater basin planned at the southwest corner of this intersection. Staff will request ACHD improve the ROW outside of the fencing, consistent with the rest of the project and not just leave it in dirt. This request should not be subject to the cost share agreement. More information (including project drawings) can be found at this link https:,[/engage.achdidaho.org/mcmillan-and-black-cat-intersection. Center Island If the City decides not to partner with ACHD,the center island will likely be primarily stamped concrete with some vertical element (wall or mound with rocks). If the City partners we can control what the island looks like and make it consistent with the materials used on the approach legs. For example, boulders and shrubs.Any vegetation will require an irrigation system to at least get the plants established. Staff recommends the City partner with ACHD to design and install the PAGE 1 conduit necessary to improve the center island above the ACHD baseline, similar to Amity/Zaldia (Level 1). Splitter Islands Each approach to the center of the roundabout uses curbed islands to direct traffic through the roundabout. If the City decides not to partner with ACHD,the splitter islands will be improved with a stamped concrete.As these islands are not very wide, making it difficult to install landscape materials, Staff does not recommend partnering with ACHD to improve them above the baseline. Buffer Areas Design of this project includes a multi-use pathway (MUP) on both sides of all four legs. Between the MUP and curb, is a buffer area. If the City chooses not to partner with ACHD,the buffer area will likely be a mix of stamped concrete (3 legs) and grass (1 leg)(see attachment). For consistency Staff recommends that the City partner with ACHD to design and install landscaping in the buffer areas that includes a mix of stamped concrete, boulders and shrubs (Level 1 (with fencing) or Level 4 (no fences)). This treatment should be consistent and tie-in nicely with future improvements to Black Cat and McMillan. Conclusion Staff envisions the treatments outlined above to be low maintenance and relatively low cost to design and install. Further, ACHD has shown a willingness to credit the City with any cost savings they may realize by the City installing improvements instead of them. Staff believes some treatments above the ACHD standard hardscaped concrete treatments are warranted at this intersection in the areas specified. PAGE 2 _ rR.1 v v?vly .girf $l. � . . � . $ | �)k )|§III � E }§ \ � r O - ry }ƒ \ \ , xrV Rtl » - � - wwr=-, { 2 ! ry o 2 ! m \_ \ � - . | _ • - U � wza \ — ........ - - - � - w»,=, - . . , 2 2 -- } | \ PAGE