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2023-11-14 Work Session
CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, November 14, 2023 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Joe Borton Councilwoman Liz Strader Councilman Brad Hoaglun Councilman John Overton Councilwoman Jessica Perreault Councilman Luke Cavener Mayor Robert E. Simison ADOPTION OF AGENDA Adopted as Amended (Items 6 and 7 moved to Department Reports) CONSENT AGENDA \[Action Item\] Motion to approve made by Councilman Hoaglun, Seconded by Councilman Borton. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener 1. Dutch Bros. at Eagle and Ustick Water Main Easement No. 1 (ESMT-2023-0142) 2. Dutch Bros. at Eagle and Ustick Water Main Easement No. 2 (ESMT-2023-0143) 3. Final Plat for The Oaks North Subdivision No. 13 (FP-2023-0015) by Kyle Prewett, Toll Brothers, located near the intersection of W. Gondola Dr. and N. Black Cat Rd. 4. Final Plat for TM Center No. 2 (FP-2023-0018) by Brighton Development, Inc., located at the northwest corner of S. Vanguard Way and S. Wayfinder Ave. 5. Final Order for Poiema Subdivision (MFP-2023-0002) by Clint Hansen, Land Solutions, located at 3727 E. Lake Hazel Rd. 6. Approval of Blanket Purchase Order #24-0081 to Ferguson Enterprises for FY24 Sensus Water Meters and Related Equipment for the Not-To-Exceed Budget Amount of $1,084,949.00 7. Approval of Sole Source for Backflow Assembly Device Testing by Pacific Backflow, LLC. 8. Approval of Sole Source for Generator Maintenance and Repair, and Generator Load Testing Services by Power Systems West ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 9. Discussion of Proposed New Park Fees 10. Public Hearing for Proposed Winter/Spring 2024 Fee Schedule of the Meridian Parks and Recreation Department 11. Resolution No. 23-2424: A Resolution Adopting the Winter/Spring 2024 Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date Approved Motion to approve made by Councilman Overton, Seconded by Councilman Borton. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener 12. Solid Waste Program Recommended Changes to Bulky Items Pickup Program Continued to November 21, 2023 13. Resolution 23-2425: A Resolution Accepting the Donations of Services and Programming Offered by Republic Services of Idaho: Updating Republic Services' Address for Notice Under the Solid Waste Collection and Disposal Services Franchise Agreement; Superseding Sections 2 and 3 of Resolution 12-844, as well as Exhibit A and the Addendum Thereto; and Providing an Effective Date Continued to November 21, 2023 14. Fiscal Year 2024 Budget Amendment in the Amount of $800,970.00 for the Hunter Lateral Relocation Project Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Overton. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault Voting Nay: Councilman Cavener Abstaining: Councilman Borton 15. Purchase and Sale Agreement Between City of Meridian and River Caddis Development, LLC Concerning Plans for the Hunter Lateral Relocation Project Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Overton. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener Abstaining: Councilman Borton 16. Approval of Construction Contract to LaRiviere, Inc.. for the Hunter Lateral Relocation – NE 3rd Street, Broadway to Idaho project for the Not-To-Exceed amount of $617,502.00 Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Overton. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault Voting Nay: Councilman Cavener 17. Termination of Memorandum of Agreement Civic Block Development Proposal Between City of Meridian, Meridian Development Corporation, and Meridian Caddis, LLC Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilwoman Strader. Voting Yea: Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener Abstaining: Councilman Borton 18. Update on American Rescue Plan Act (ARPA) Projects EXECUTIVE SESSION 19. per Idaho Code 74-206(1)(f): To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Motion to enter executive session made by Councilman Hoaglun, Seconded by Councilman Borton. Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener Into session: 5:41 PM Out of session: 5:56 PM ADJOURNMENT 5:56 PM Meridian City Council Work Session November 14, 2023. A Meeting of the Meridian City Council was called to order at 4.30 p.m. Tuesday, November 14, 2023, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Brad Hoaglun, Luke Cavener, Jessica Perreault, Liz Strader and John Overton. ROLL-CALL ATTENDANCE _X_ Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_ John Overton _X_ Jessica Perreault _X_Luke Cavener X Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is Tuesday, November 14th, 2023, at 4.30 p.m. We will begin this afternoon's work session with roll call attendance. ADOPTION OF AGENDA Simison: Next item up is the adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: A couple changes for our agenda this afternoon. Under our Department/ Commission Reports we are going to move Item 13 just before Item 11 . So, we will have discussion of park fees before the public hearing. And, then, on our Consent Agenda we are going to remove Item 6 and 7 and move them down to our Department/ Commission Reports and that order down there will be -- where we move them we are going to move Item 17 first of these four -- 17, then six that we are moving from the Consent Agenda and Item No. 16 and, then, Item No. 7 from the Consent Agenda, just so we follow along with that. So, with those changes, Mr. Mayor, I move adoption of the agenda as amended. Borton: Second. Simison: I have a motion and a second. Do I have discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted as changed. MOTION CARRIED: ALLAYES. CONSENT AGENDA [Action Item] Meridian City Council Work Session November 14,2023 Page 2 of 28 1. Dutch Bros. at Eagle and Ustick Water Main Easement No. 1 (ESMT- 2023-0142) 2. Dutch Bros. at Eagle and Ustick Water Main Easement No. 2 (ESMT- 2023-0143) 3. Final Plat for The Oaks North Subdivision No. 13 (FP-2023-0015) by Kyle Prewett, Toll Brothers, located near the intersection of W. Gondola Dr. and N. Black Cat Rd. 4. Final Plat for TM Center No. 2 (FP-2023-0018) by Brighton Development, Inc., located at the northwest corner of S. Vanguard Way and S. Wayfinder Ave. 5. Final Order for Poiema Subdivision (MFP-2023-0002) by Clint Hansen, Land Solutions, located at 3727 E. Lake Hazel Rd. 8. Approval of Blanket Purchase Order #24-0081 to Ferguson Enterprises for FY24 Sensus Water Meters and Related Equipment for the Not-To-Exceed Budget Amount of $1,084,949.00 9. Approval of Sole Source for Backflow Assembly Device Testing by Pacific Backflow, LLC. 8. Approval of Sole Source for Generator Maintenance and Repair, and Generator Load Testing Services by Power Systems West Simison: Okay. So, we will move on. There were no items moved from the Consent Agenda -- well, there were, but they were moved to another place. So, we will move on to Department/Commission Reports. First item up is discuss -- oh, did -- did we? I thought we did just pass it. Did we pass it? Okay. All in favor signify by saying -- I thought we made a motion. Oh, the Consent Agenda. I'm sorry. Next item up is the Consent Agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we approve the Consent Agenda as amended and for the Mayor to sign and Clerk to attest. Borton: Second. Simison: Motion and second to approve the Consent Agenda as amended. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have and the Consent Agenda is agreed to. Meridian City Council Work Session November 14,2023 Page 3 of 28 MOTION CARRIED: ALLAYES. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] DEPARTMENT/ COMMISSION REPORTS [Action Item] 13. Discussion of Proposed New Park Fees Simison: So, we move on to Department/Commission Reports. The first item up is discussion of the proposed new park fees. Turn this over to Mr. White. White: Mr. Mayor, Members of Council, thanks for having me tonight. I'm here to talk to you and just discuss and kind of get some feedback, if any. On three fees, two of which are brand new fees and one is a fee that's been in place for about ten to 12 years that we are looking to update. So, with that I will jump into it. The first one is the ball field prep closet. This is a request we get from so many different tournament organizers, coaches, all the above, trying to have a game, tournament, whatever and looking for field equipment. It's extremely hard to find a bag of chalk -- just one bag of chalk or even two bags of chalk here at local stores. So, we wanted to offer this based on past requests from these coaches and for them to have prep -- prep equipment for ball fields -- for softball fields, baseball fields, stuff like that. In that it's a 50 dollars per day and 53 dollars after tax. Includes all the stuff you would need to drag a field, prep a field. The second one is ball field temporary fencing. Again, 50 dollars per day per field, 53 dollars with tax. This is something that -- if you have a youth tournament or a senior tournament it just brings the fence into 200 feet from 300 feet, if that makes any sense. To make sure our fields are dual use in that. So, those are the two brand new fees. Pretty simple. All based on past requests we get from other coaches and tournament organizers. The third one I'm here to talk about is the pickleball, tennis court hourly reservation fee. It's currently at $2.50. It's pretty reasonable. After taxes 2.65. We are proposing to move it to 4.72 or after tax an even five dollars. Worked with Finance on this and how to calculate all this stuff and when it comes to time, staff time, all that kind of thing, so they are in support of this fee as well. So, with that I will stand for questions. Simison: Thank you, Garrett. Council, any questions for staff? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Garrett, are the -- the ball field prep closet and the ball field temporary fencing, are those add-ons, meaning a tournament organization would have to request those? So, it's an option to pick, it's not something that if you are doing a tournament we are going to add this fee on in addition to? Meridian City Council Work Session November 14,2023 Page 4 of 28 White: Mr. Mayor, Councilman Cavener, that's correct. It's not an automatic add-on. If they request it we have it available for them. Trying to make it easier from the host tournaments. And, really, it's based on Discovery Park when we have a tournament. Cavener: Great. White: Thanks for the question. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: So, if they don't pay the fee, though, is the closet empty? White: It will be locked up. So -- so, yeah, if they want it they can pay that fee. If not it's locked up on site ready to go. So, it won't sort of be empty. We still have some equipment in there. If our staff needs to jump in there to get something they could. Borton: Does that apply to the Settlers Park fields as well? White: Right now it's only at Discovery, just to -- because that's the tournament complex we have. When it comes to prep in Settlers fields that's -- Meridian's youth baseball typically does all those for -- on their own. Those types of things with their coaches or their staff. But yeah. Simison: Council, any additional questions for staff? Okay. White: Thank you. Appreciate it. 11. Public Hearing for Proposed Winter/Spring 2024 Fee Schedule of the Meridian Parks and Recreation Department Simison: Thank you very much. Don't go very far. Next up is a public hearing for the proposed winter-spring 2024 fee schedule of the Meridian Parks and Recreation Department. We will begin this public hearing for -- with staff comments. White: Mr. Mayor, Council, thank you for having me again. In front of you are the fees for our next activity guide. Seventy-thirty split with instructors and kind of the standard procedure to be here. So, if you have any questions I'm happy to answer. Simison: All right. Thank you. Council, questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Meridian City Council Work Session November 14,2023 Page 5 of 28 Cavener: Garrett, when -- when do you need this resolution approved by? Is this something tonight? If it's next week, couple weeks out? I know that once these are approved, then, you go and print the activity guide and so can you give us a little calendaring about what your deadline is to get that printed? White: Yeah. Mr. Mayor, Councilman Cavener, we would love to release it tomorrow. It's already ready to go. It's all digital. So, we do print some copies. So, we would have those available for the public. But we would like to do it tomorrow and, then, start doing registrations as of Friday morning -- Cavener: Okay. White: -- if at all possible. Cavener: Okay. Thanks, Garrett. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I think in the future it would be very helpful if we had the previous fee in a table with the new fee, so we could easily compare them. White: Sure. Strader Thank you. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: One process question, just so we all put it on the record as far as input you got on the changes, anything positive, negative. Did you get feedback from any organizations that caused you to change it a little bit more one way or the other? White: For the proposed change fees for the -- Mr. Mayor and Councilman Borton, no, we have kind of made some comments to others, like other organizations, the tennis organizations, pickleball organizations, like, hey, this is probably going to be coming. It's been in place for ten to 12 years. We are working with Finance and just doing the calculations of what it should be. We are not trying to make money on any of them, it's more just to cover our staff cost based on our current cost recovery. So, to answer your question, some feedback, but not -- not a lot. Simison: Any other questions for staff? Thank you, Garrett. White: Thank you. Meridian City Council Work Session November 14,2023 Page 6 of 28 Simison: Mr. Clerk, do we have anybody signed up on this item? Johnson: Mr. Mayor, we did not. Simison: Okay. No one signed up. Is there anybody present or online who would like to provide testimony on this item? If you are online you can use the raise your hand feature. Seeing no one raising their hand online or coming forward, have a motion to close the public hearing, unless most staff would like to make any final comments. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Mr. Mayor, I make a motion that we close the public hearing. Borton: Second. Simison: Have a motion and second to close public hearing. Is there any discussion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I think real quick -- earlier this year I was alerted from a couple of citizens who were concerned about the taxes being assessed on classes that we are offering in the city. Finances has tried to engage with the state to kind of true some of that out. It has to deal with that we don't charge a -- a facility fee. Goods are taxed in Idaho. Services aren't. But we are essentially taxing often services. I think potentially inappropriately. It's not a huge amount of money, but it -- I think it's important for us to be correct about this. I know that part of it is working with the state to get some better direction. So, I'm cautiously supportive of the motion that's before us tonight, but I would like at a -- at a later point in time an update from Finance, maybe the Parks Department, about are we appropriate collecting taxes? Do we need to address how we charge for a facility usage to make sure that they are uniform and correct for the classes that we offer. Simison: Is there further discussion on the motion to close the public hearing? Okay. All in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is closed. MOTION CARRIED: ALLAYES. 12. Resolution No. 23-2424: A Resolution Adopting the Winter/Spring 2024 Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date A Meridian City Council Work Session November 14,2023 Page 7 of 28 Simison: Next up is Resolution No. 23-2424. Ask the clerk -- we don't have to read -- we don't need to read a resolution by title. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Move that we approve Resolution No. 23-2424, a resolution adopting the winter-spring 2024 fee schedule for the Meridian Parks and Recreation Department, authorizing Meridian Parks and Recreation Department to collect such fees and providing an effective date. Borton: Second. Simison: Have a motion and a second to approve Resolution No. 23-2424. Is there a discussion? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Councilman Cavener's points are mutually exclusive. I think that concern certainly can run parallel with approval of fees to make sure that comes back to us and -- and Garrett and the team, the way you -- you establish these fees on a cost recovery consistent with our policies is really important. I know you do the due diligence to make sure that they are appropriate and not any greater than necessary to recapture those costs. So, for those reasons I'm certainly supportive of the resolution. Simison: Thank you. Any other comments? If not, Clerk call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, yea; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and the resolution is agreed to. Thank you very much. MOTION CARRIED: ALLAYES. 14. Solid Waste Program Recommended Changes to Bulky Items Pickup Program Simison: Next item up is solid waste program recommended changes to bulky items pickup program and it's Laurelei. McVey: All right. It wouldn't be Public Works without a presentation, so we have got one. Maybe. All right. Thanks, Mayor and Council. So, I'm excited to bring program Meridian City Council Work Session November 14,2023 Page 8 of 28 improvements to you today for our bulky item pickup. So, this is sort of our first thing coming out of the solid waste master plan, one of the first items that we looked at. So, before we get into the specific program changes, I just wanted to remind everyone in the public about all of the special programs that we have throughout the year. So, we have many special seasonal based events, like Recycle the Fall. We do Christmas tree recycling. Trash for Treasure. As well as several programs that are available year around for residents at the transfer station. Squishy water bottles, glass, household hazardous waste and dropping off bicycles for recycle a bike -- recycle a bicycle. So, this discussion today is specifically about two of our seasonal events. So, extra trash week and our spring clean-up event. So, both of those two events are bulky item pickup events that occur over individual weeks twice per year. So, important to note as I talk about these program changes, we are not looking to change any of the other programs on this slide, just those two. So, what are bulky items? So, these are items that are too big to fit in your standard curbside trash cans. So, they could be things like a dishwasher, a couch, a chair, a mattress, an extra bundle of garbage. There are a few things that we don't accept as bulky items simply because they are too large, hazardous or require special disposal. So, things like boats, hot tubs, tires, you can't set them out on the curb. So, twice per year currently today residents can call -- you have to call ahead and schedule bulky item pick up. The first is the last week of December and, then, the second one is the last week of May. So, currently there is no charge for these pickups. Again, the resident calls in, schedules, let's Republic Services know that they have items. They are allowed up to seven bulky items on these weeks and I'm happy to report -- so, there is no charge to the city or the customer for these pickups. I'm happy to report that these programs have been a huge success. So, you know, one of the good things to come and report is we are having problems because we are doing such a good job at it. We have seen participation grow significantly with the events over the past few years as we have improved outreach and communication. So, for example, our spring cleanup event, we saw an increase of about 1,500 items picked up a couple years ago to over 5,700 items this last year. So, unfortunately, with the success and program growth there comes some challenges. It really becomes too big of a thing for Republic Services to be able to go around to these -- all the city residents that request pickup in a single week. So, what that ends up is it leaves customers frustrated, because their pickup doesn't happen on the day that they think it's going to happen. It's hard for Republic. They have to have a bunch of extra labor, staff time to try to get it all done in one week. So, what we did is the city worked with Republic Services to come up with a solution that would work for everyone. So, we are proposing to move to a year around bulky item pickup program. So, essentially, what this would do is it would take -- rather than just those two weeks per year that you get bulky item pickup and it would spread that out through the whole year. So, any time of the year each resident would get ten free pickups. They have to -- would have to call and schedule, just like they do today. The pickups are automatically tracked through their account. So, it's not like there is a special sticker system or, you know, some of the other programs that exist. So, really easy tracking, similar to a system that the city of Boise implemented, which has worked great for their residents. We actually think it's going to increase program participation, because people don't have to wait around to have their items disposed of. If you have, you know, an old mattress or a desk or you rearrange, you are Meridian City Council Work Session November 14,2023 Page 9 of 28 not saving that throughout the year for those -- those two weeks. Important to note, like I mentioned, it's not going to impact the other seasonal programs that we do. We will still do fall leaf recycling. We will still do Christmas tree recycling. We will still do Trash for Treasure. This just expands the bulky item to year around, which we think is a win for everybody. So, visually what does that look like? Extra trash week and spring cleanup go away and it now becomes free bulky item pickup is in the year around events. So, what would this look like next step? So, we would still have extra trash week this December because we are still in 2023, everyone is anticipating that. So, we are not looking to take that away. So, that would occur. We would -- hopefully if you guys approve the resolution this evening we would memorialize the changes that would go into place in 2024. The new program would start in 2024, which is when we would kick off communication and outreach. So, we would update our website to let people know about this. The calendar magnets that Republic Services sends out would have it. We would do some social media, some utility billing inserts. The good news about this is no one's anticipating any of this until spring; right? So, we have some time to educate the public about -- about this program. We also have asked for Republic Services to help us track the usage of this over the next several years, so that we can help decide, you know, how many households participate? Is ten pickups the right number? How many households are exceeding ten? We really think ten is -- is going to be an adequate number for most residents, but we are definitely going to be tracking and can adjust that in the future if there is -- there is issues. Residents can still call for pickup of some of those other items or if they exceed their ten you can, for a charge, you would still be able to call and get a pickup or take things to the transfer station as well. So, none of that is changing. So, with that stand for any questions. Simison: Thank you. Council, questions? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thanks, Laurelei. Appreciate the reasoning behind the change. How will customers sign up for the program? Will they need to call? Will there be a form on the website? What do you expect? McVey: So, Council Woman Strader, so everybody will be automatically enrolled. So, if you have a trash account with City of Meridian -- and I should say a residential trash account. So, this -- this only applies for residential. But you will automatically be -- there is no enrollment, you just call and your account details that Republic Services has will track your numbers throughout the year. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: So, you need to call to schedule -- Meridian City Council Work Session November 14,2023 Page 10 of 28 McVey: Pickup. Strader: -- a pickup. Okay. Was there any thought around trying to do a form on the website as an alternative, just because I have heard of people trying to call and it taking time not connecting. McVey: So, I can pass that information along. It's -- it's through Republic Services, so it's -- it's on their -- their side of it, but I can definitely pass that suggestion along. Strader: Okay. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I would also reiterate, just I think making it easier for our citizens to -- I appreciate Republic and recognize that a lot of requests for bulky items we also get -- Republic gets a lot of requests. I do think that the -- the whole time the delays can lead to an unsatisfactory experience for our ratepayers. I love this. So, kudos to Republic, you, for bringing this forward. I think this is great. I -- I did have a couple of just quick questions. So, the Cavener family loves the unlimited collection during the Christmas week. It allows us to get rid of all the stuff from the stuff that we got. Where that's going away, if my youngest gets a clubhouse or something like that, there is -- that's bulky, do I call Republic to collect that and -- and, then, what happens for the families that have extra bags that don't typically fit in their trash can that week, are those, then, bulky or how are we going to handle that extra collection that isn't quite a bulky item, but is more than they anticipated that particular week? McVey: So, Councilman Cavener, that's a good question. So, I would tell people to kind of put their -- if it's those smaller bags into a container and, then, that container would count as one. Republic Services won't take that container, so if it's a larger trash can or larger box, but each of those would count as -- as a -- an item or a pickup. Cavener: Mr. Mayor, follow up. Simison: Councilman Cavener. Cavener: We have got some time on this; right? Because we are good for this Christmas. Really, the first time is kind of spring cleaning time. I would encourage you -- maybe it's an opportunity to talk with Republic. I -- I think that continuing those extra bag pickups, the stuff that we put next to our bin during that spring week and during the holiday week is -- is crucial and this is I think a big step forward in meeting our neighbors who have those bulkier items, but I -- I hope it wouldn't come as an expense as to what they think is built-in expectation from our ratepayers that, hey, I don't have to worry about where I'm going to put these extra two or three bags of clinical garbage this Meridian City Council Work Session November 14,2023 Page 11 of 28 week until I maybe have more space next week or over a couple of weeks. Certainly with the spring cleaning collection I know that's feedback that I get a lot. McVey: I will definitely pass that. Simison: And if I can piggyback on that, you know, if -- if residents have to call in their extra trash in a -- you know. Yeah, it's probably not going to be the outcome. McVey: And I think, you know, speaking somewhat for Republic Services, I think on occasion if there is a couple of extra bags I believe their drivers most of the time just pick those up as part of the route and don't count those or track those. I think this is the bigger items that take the bigger specialized trucks to -- to manage. So, I believe they would for the most part still pick those up. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I think if there was a way to better differentiate between, you know, just extra bags of regular garbage, like extra regular size trash bags, compared to a bulky item, that might really help with the program implementation and to Councilman Cavener's point, I think if there was a way to maintain extra pickup of regular sized trash bags during the last week of December I think that would be ideal. It wouldn't be an issue, of course, this December, but I think we want to think going forward -- I do think people have kind of an expectation. I -- I agree with him that there is kind of an expectation around that. I don't think people would expect, you know, a huge item to be picked up, though, if they understood that the program was changing. Simison: Just to reiterate on those points, I think the numbers -- if you could -- you know, would have the usage so far that, you know, ten homes and at the numbers, you know, you could be talking, you know, 400,000 bulky items under the program, which we know that's not getting used to that, so trading out the bag pickup for 400,000 bulky items potential -- probably work with the numbers on Republic to scale back to keep some of those things, if that's what the outcome -- that people would think is more likely to be used by all residents. The ones accepted. McVey: And just for clarification for the resolution that's on next, so that is a list that we took the opportunity when the service provider changed from SSC to Republic Services to memorialize a lot of these -- what we call donated services. So, things like trash pickup in the parks, trash pickup at city facilities, a couple of special events. So, what that resolution does is it cleans up a lot of those rather than listing out. It was a pretty crazy spreadsheet. It just memorializes -- the intent is all city facilities, city events, a couple of these special -- specialties and just memorializes that Republic Services intends to donate those services to the city. Meridian City Council Work Session November 14,2023 Page 12 of 28 Simison: So, would you like to take this back to SWAC or would you like to have Republic come back and have a conversation based upon this feedback? I don't know that -- what I'm not hearing is overall support for giving away the changes right now and starting a communications plan and, then, coming back and having another conversation about modifications. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you. I -- I agree with my fellow Council Members regarding the communication and -- and the not removing the two weeks a year that are already in place. A lot of folks I know count on those for Christmastime and spring cleaning and whatnot. I just wanted to further encourage something that Council Woman Strader had said regarding scheduling the pickups. I know I myself and probably all of you have been stuck on the phone with Republic Services waiting for someone to answer or no one answers. So, I would -- I would prefer for them to come in and share with us what they might be able to do as far as communication with the public at this -- it's, obviously, a significant increase if folks can go from -- from two times a year to ten times a year and the number of calls would be much much greater. So, whether they plan on having additional staff set aside for that communication or they are able to modify the website to allow folks to schedule that, I -- I would like to hear that information first before officially bringing --just my two cents. McDannel: Mr. Mayor, Members of the Council, my name is Konrad McDannel with Republic Services. 2130 West Franklin Road. At the transfer station there that's where our office is. I -- I believe the idea is to -- as Laurelei said, it's gained so much popularity, this program, and Meridian's grown so much since 2012, probably at a rate of five percent a year, that when we have these events we operationally just get suffocated with requests, which is great. People are used to these -- these time periods to -- to do the spring clean out, replace their holiday dressings and -- and things of that nature and -- and, sure, totally understand that. What we would like to do, as Councilman Cavener said, you know, reduce the frustration during those two weeks where we see every day 500 requests for pickups on a route that's normally built for 40 pickups a day and so by spreading it out throughout the year it -- it helps alleviate that pressure and, sure, we will still see a surge, especially for the first few years we will see that big surge continue in the spring and after the holiday season, but what you will see as time goes on is people will get used to those special events now being, instead, just a two week special event. It's really a year around program. So, they will start to adjust and they will put out the mattress in July. They will put out the swing set in November, you know, that -- that -- that will help alleviate the pressure of the two programs and -- and maybe we take a look at, for the first year or two, taking extra bags during the holiday season, the third week in May or the first week in May. I -- I can't decide on that right now, but that's a really good point. If -- if people are used to putting out extra trash bags and trash containers, maybe we do need to go back and address that a little bit deeper. As it currently stands customers can do that with an extra Republic Services Meridian City Council Work Session November 14,2023 Page 13 of 28 cart and they can have that cart year around and it's picked up every week and they certainly don't have to put it out every week. But, generally, we don't accept any trash outside of Republic Services carts year around, aside from those two weeks. Even if you called it in and said, hey, I have my own 32 gallon trash can, would you pick it up? That's not a bulky item and we don't pick that up outside those two weeks. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I appreciate you being here and coming up and I -- I think you kind of touched on it's -- it's two separate issues in -- in one hand. Really appreciate the expansion of the bulky item pickup and I think these ten items I think spreads that peanut butter for the most part out over a 12 month period. You still are going to have people during that spring cleanup week and during the holiday week they are going to continue to request for bulky item collection, because that flows with the -- the seasonality of it. The second piece, though, is that expectation from our citizens about that extra trash that they have accumulated, particularly that last week of December. They are conditioned that that's going to be picked up and I -- I -- I don't think this is what Republican is intending and -- but it's starting to at least look a little bit like we are -- we are giving up that extra collection that comes during the holiday week and which I think the vast majority of our community uses in exchange for ten bulky items and I -- and I worry that we -- unintentionally Republic and the city is going to create a scenario where the citizens believe that this extra trash is going to be picked up and it's just not and so I guess I would encourage you guys maybe to go back, take the feedback from the Council, make sure that this is the mousetrap that you want to present and that it's -- it's -- it's accomplishing everything that you all are intending, while also meeting the expectations of our city. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. Another suggestion I think would help you and would help other customers would be if there was a form on the website and someone could just request a bulk pickup, understanding that you need to manage the flow of those requests, you could potentially get back to them and schedule them. Here is your date that we are coming to do your bulk pickup; right? So, people make their request and, then, Republic gets back to them via e-mail, here is your date. I just think an approach like that might be better, because I'm anticipating like if -- if someone tries to call now toward the end of December you are going to be inundated with calls and that also operationally for you will be challenging, where if people do a request on the website, maybe that just gives a cue to work through and you can kind of get back to people and manage that. It's just -- I don't want to tell you how to run your business, but it's just a suggestion of maybe a way that -- that would be a better approach than having people on hold. Meridian City Council Work Session November 14,2023 Page 14 of 28 McDannel: Mr. Mayor, Council Woman Strader, thank you. That -- that is really good feedback. In fact, we -- we have a process similar in place during spring cleanup, which is kind of married to Trash to Treasure in the past few years where there would be an online form that could submit and -- and we -- we could keep track on a spreadsheet and prepare for -- for the route there. I can't speak for Meridian City's Website and -- and what they are willing to prepare, but Republic Services does offer a customer service e-mail csidaho@republicservices.com and -- and that's certainly an option for customers to e-mail in. We would just request their -- their name, their address, a phone number and the number and description of bulky items and we could get that entered. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. To that point, you know, you have a dumpster rental guide, order now, place your order online, schedule your delivery, everything's there. It's a communication process. So, it's just a matter of how you guys want to do that. But regarding the bulky, is it bulky and extra trash pickup is -- maybe that's what we are talking about from a communication standpoint to get that -- McVey: Yeah. So, your items could count as either. So, it could be ten bulky items or it could be eight bulky items and two extra bags of trash or -- it's -- it's ten -- ten items. And, then, you know, I think we -- we can definitely go back and talk to Republic Services. The one, you know, piece that I have to say is that these are -- they are donated services, so, you know, I think we are trading one program for another program. I'm not sure where the flexibility comes in of asking them to do both or do both for the long term could be a little bit challenging, but we couldn't -- and certainly if there is not consensus to -- to continue it forward we can have some more discussion. Simison: I mean on a personal level I -- I'm fine with like five per household if it allows you to put out the extra trash at Christmas. That's to me when you generate the most trash in your household is during that time of year. I could be wrong. But you know -- McVey: And people certainly can still use their ten pickups on that last week of the year. It's not their -- you know, their ten aren't -- it's not, you know, prorated through the year or -- you know. So, if you are -- the only time you put out big items is around Christmas, then, your ten could be that last week. Simison: And I think the challenge is are we asking people to -- every time they put out an extra bag during the holidays to make that request. Is that what we think is the right approach? And I think -- you guys know your business more. When -- when do people put out the most bags outside of leaf collection? Is it Christmas or is it during spring? McDannel: Mr. Mayor, I would say it is during spring and the early growing months of summer with the grass clippings and -- and yard debris that gets cleaned up. Meridian City Council Work Session November 14,2023 Page 15 of 28 Simison: Okay. Well, we look forward to at least taking this back and having a conversation before moving -- coming back. I think the general -- what I'm hearing is people like the concept. There is a few things that maybe need a little bit more work before moving it forward. And as you mentioned, we have time. Stuff isn't changing right away, so -- McVey: The only -- the only constraint is if we want it on the Republic magnets, but we will -- we will likely miss that -- that boat. Which is fine, but -- Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Laurelei, when do you want this back -- have that conversation and be back before us, so we can make a final decision on these program elements and move forward? McVey: I mean we will -- we will get with Republic Services, you know, this -- later this week and -- and see if we can -- what we can figure out. So, I would anticipate in the next couple of weeks. We will probably miss magnet printing, but we could talk about just leaving those off or -- that's just a little bit of the tricky -- is what -- Republic for next year, but -- Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. Just looking ahead, Laurelei, if your discussions -- is that something we can discuss next week? Does that get it into the magnet if a decision is made? McDannel: Ideally we would like to print the -- or have the magnets ready to print by December 1st, so they are ready to go out to the houses by January. But we could always work around that, as Laurelei mentioned. 15. Resolution 23-2425: A Resolution Accepting the Donations of Services and Programming Offered by Republic Services of Idaho: Updating Republic Services' Address for Notice Under the Solid Waste Collection and Disposal Services Franchise Agreement; Superseding Sections 2 and 3 of Resolution 12-844, as well as Exhibit A and the Addendum Thereto; and Providing an Effective Date Simison: See what we can do in a week. Okay. All right. Thank you. With that we won't do Item 15. Meridian City Council Work Session November 14,2023 Page 16 of 28 Simison: And we will move on to Item 17, which is fiscal year 2012 budget amendment in the amount of 800,978 dollars for the Hunter Lateral relocation project. I will turn this over to Mr. Miles. Miles: Good afternoon, everybody. So, knowing that this is the item for the construction contract, but we had several questions from last week, I propose that we address some of those questions with this item and maybe just have a high level discussion on where we are at as a Council on the concept of moving the Hunter Lateral relocation forward. So, I do have a few slides, because -- to address some of the questions that were discussed last week. First and foremost, there was a question about the square footage of the lateral and the site. So, you can see up on the main site -- on the main PowerPoint there -- what you see is roughly -- you have got city-owned land and MDC owned land. Now, in these layers there is a couple of things going on, but what I call the north -- the top piece of the property is the city-owned land in sort of that orange. Down below that's behind the -- the layer behind it's actually green is the MDC-owned land. So, you have got about 34,000 square feet of city-owned land, 23,000 and a half square feet of MDC-owned land and, then, on top of that you have got sort of the gray hue, which shows what the River Caddis proposed development footprint was inside of both of those. Then you have got the lateral easement. You can see running south and west development was roughly 53,000 square feet of that. Total combined I think it's like 57,000 and square -- change of square foot -- of property owned by the city and MDC. And the lateral easement is about 10,300. So, roughly 20 percent. It's a little shy of 20 percent. I think it was like 19.8 or something like that. That's the area that the easement takes up on the River Caddis proposed development footprint. There was also a question about kind of pros and cons. So, we put together just a quick list of pros and cons. What you got is -- if we relocate the Hunter Lateral today versus if we just held the Hunter Lateral and pros and cons of each of those. Primarily you will get the updated infrastructure land that's unencumbered at least from the lateral structure. There has -- there was a question about whether or not MDC would consider reimbursement. MDC is here, so I will let them speak to that, but there has been an indication that they would be willing to consider that and do that. So, if there is questions to MDC that -- we can have them come up. Likely have an improved assessment on the value of the land. Again, without having an actual assessment on the land it's tough to say what that would be, whether it would be a plus or minus and how much it would be. But I know that was a question. We currently do have a favorable bid and, then, there is also coordinating with the other projects that are scheduled over the next several months on Idaho Ave, which includes water relocation, sewer line, as well as ACHD in the paving that they are proposing. There is kind of the -- the main pros that we saw acting on the Hunter Lateral now, aside from the efforts of the economic development of the property and the project that was talked about by you all and MDC several times over the last couple of years. If we were to hold the project and not move forward certainly there is a possibility that any new development that came along or any new contractor that came along could propose to relocate the Hunter Lateral as part of whatever they proposed and you would probably still have the acceptance of MDC to consider reimbursement, but there are, in my opinion, several cons to not moving the project forward, whether that's -- you would have to go back out Meridian City Council Work Session November 14,2023 Page 17 of 28 to bid again and who knows what that bid price would be likely higher. Can't say that for certain, but that's sort of -- philosophically that's what we have seen. Don't know who you would get or what they would propose. Certainly would be a delay in the development. There is irrigation season to contend with, so if you don't do it now you are pushed out at least until the next November irrigation off cycle and, then, you still have this restriction on the property in the lateral as well. And last there was a question about sort of timeline and we didn't get from the contractor a specific timeline schedule yet. They haven't delivered that. They were projecting to deliver that at the end of the week. But we do know under contract there is a 60 day to substantial completion, 90 days to final completion and so if you sort of walk the math backwards and start 60 days from the irrigation schedule and 90 days from the irrigation schedule, you get to a no later than start date -- or notice to proceed in January. That's probably the best we can do for a timeline right now and I think those were the main questions that we had last week in regards to the philosophy of whether or not to move this project forward. So, maybe I will stop there. We have got -- the engineering department is here. Warren. Got MDC here. So, if there are questions that I can't answer that they want to address we can invite them up. Simison: Council, questions for staff at this point? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: The coordination with Idaho Avenue, that's interesting. Can you tell me a little bit more about that or is there someone that could address that? Is there a synergy between those two projects? Like how -- what benefit is there from coordinating those? Miles: Mr. Mayor and Council Woman Strader, I will ask Warren come up and address the timing of that project and what that looks like and certainly there will be a -- they happen at the same time, so there will be less disruption overall. Stewart: Mayor, Members of the Council, Council Woman Strader, both of those projects are planned to basically -- well, this one's gone out to bid, plans to start construction sometime in January. We are in the process of trying to finalize the plans for the Idaho Street project. We had to add in the roadway improvements that they decided that they wanted to do and that those plans -- relatively soon. So, essentially, they overlap. There is a section -- there is a section of them that overlap and we will coordinate -- they are both -- they will both be going on at the same time. So, we will coordinate the construction, because we have got -- we are managing both projects and we will coordinate the construction with those contractors, so that we can coordinate road closures and things like that, so that it's efficient and we don't have, you know, people getting upset, because we complete one project and come back in immediately and do the next project and so forth. But they are planned to, essentially, have the same construction window. This work for the Hunter Lateral is actually outside of the footprint of the anticipated construction for the water and sewer project. It, essentially, Meridian City Council Work Session November 14,2023 Page 18 of 28 is to the south. They only overlap on the Idaho Street section and this is on the south side water and sewer will be further out into the roadway. So, they are not necessarily stepping on top of each other. I don't know if that's your question or what. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. No. That's really helpful. It's actually a significant benefit that we hadn't really covered in a lot of detail. So, I think that's interesting. I guess minimal disrupt -- I mean just disrupting at one time to the downtown, as opposed to, you know, multiple projects. So, that's interesting and I appreciate you kind of walking us through that. Thanks. Simison: Council, any additional questions at this point in time? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I don't have any more questions for our staff. I don't know if Ashley or Dave are available for some questions from the MDC standpoint. Simison: Get them both. Squyres: Good afternoon. Ashley Squyres, administrator for Meridian Development Corporation. Winder: Dave Winder, the current chairman of the MDC board. Cavener: Thanks. Mr. Mayor, if I may? Simison: Councilman Cavener. Cavener: Thanks. Appreciate you both being here this afternoon. So, in Dave's presentation he talked about reimbursement from MDC as urban rural district taking an action solidifying that. Is this just a general consensus based on conversations? Help me understand kind of where your body is at. Squyres: Mayor and Council -- Councilman Cavener, we have had a general conversation about reimbursement to the city should that be desired. We will take that up at our December 13th board meeting. Officially we needed to see what you all wanted to do in regards to the Hunter Lateral first, but we are certainly willing to have that conversation and I think certainly willing to entertain an idea of reimbursing you. Cavener: Great. Appreciate that. Mr. Mayor? Meridian City Council Work Session November 14,2023 Page 19 of 28 Simison: Councilman Cavener. Cavener: Just maybe a question for -- for Mr. Nary then. We have got some action before us tonight. At least part of my decision is based on the willingness of MDC to reimburse, but that decision hasn't been made. Can we -- I think it's a resolution that's before us -- approve that with the conditions that MDC would reimburse? Walk me through that where we don't have a letter, we don't have an MOU from them. I believe both the -- I believe the -- administrator Squyres and the chair, that that's what MDC is going to do, I just want to make sure from a process standpoint that the action that we take correctly follows that. Nary: So, Mr. Mayor, Members of the Council, I -- I think to be fair to both MDC and the Council -- that has always been the conversation, that has always been the discussion between both the city and MDC on this project, regardless of who the third party might have been. So, will that likely change? Realistically, no, I don't can't foresee that changing. But to be fair to both MDC and the city, if the sole purpose of agreeing to do this in your mind is only because MDC will reimburse the city, then, I wouldn't recommend that you -- that you do it. If that's the only reason you would consider it. Only because I can't -- they can't guarantee today that they will do that. The likelihood they are going to do that, the likelihood MDC is going to do that, in my opinion and -- and Ms. Squyres opinion are probably going to be fairly high, but -- but neither of us could give you that level of assurance. So, to be fair to them and to the city, if that's your only purpose to agree to it, then, I would suggest that that's probably not -- that's not there. But is it likely to happen? Yes. Is it going to happen? I don't know. So, I -- I want to be fair to you and -- and to the Council and -- and the MDC. You know, there isn't that in -- in writing today. I think it will happen, but it hasn't happened. Cavener: Okay. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I feel very strongly that the reimbursement agreement is important to me. I guess a question for Legal. Would it be possible to give like a provisional? Because I -- I realized that what's driving this is there is a bid that's going to expire. So, would it be possible to maybe dial it on when does that bid expire exactly and is it possible to firm this up by then -- maybe with an ad hoc meeting of the MDC or something along those lines? Simison: And Keith is behind you if you want him to answer that question. Watts: The current bid that we have -- Mayor and Council Members, Council Woman Strader, it -- it does expire Friday -- this Friday. So, they will hold their bid until Friday. It will be another discussion. If we have to -- I can't guarantee the second highest bid, just Meridian City Council Work Session November 14,2023 Page 20 of 28 to remind you, is roughly 200,000 dollars higher and the third highest is double. So, that's just for your consideration. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. I mean it sounds like it's a high likelihood that it will be approved. So, I -- I don't know. I don't -- I don't really want the perfect to be the enemy of the good, but it would be very hard to take future actions like this if -- if that didn't come through, if that makes sense. Just from a -- just relationship perspective. But I -- I have faith that that will come through if it's important. But It's a mystery. There is not any other way of having a special meeting or even like a -- are they allowed to do like a signature approval if it's public record or something along those lines? Nary: Mr. Mayor, Members of the Council, Council Member Strader, yeah, I mean even under the rules to -- to notice up a meeting and put them under that gun to have a decision and, then, again, to get back to the -- I -- I try to be fair to everybody. I think that's -- that's pretty ambitious. I would agree with your -- your last statement. Is the likelihood of it to happen? Yes. Again, I can't guarantee it. Certainly Ms. Squyres can't guarantee it. But certainly I don't foresee any change in the relationship that's existed on this project. I mean -- and not looking at even the relationship with the city with MDC's board, but on this particular project on this particular location, it's always been the conversation between the city and MDC that reimbursement would occur, either from the developer or from MDC as part of the tax increment, whether it went through the developer to the city directly -- that was always the intent. Strader: Yeah. Thank you. Simison: Council, any additional questions at this time? Okay. Thank you. Miles: Mayor and Council, I think really to that point I think, again, Mr. Nary makes a valid point, whether or not the reimbursement is the only criteria that people are looking at to say that's the reason to do this project now, we as staff feel that there are multiple reasons to move forward with the relocation of the lateral. An additional component, speaking to the valuation -- I think somebody asked a question about what value would we see by removing the lateral and without -- we don't have a -- a new appraisal, but we did ask a land broker for some feedback and they reiterated that we were on the right track, that, yes, you would improve the value of the land. They provided some numbers that are based in what the value of the land was at the time of the purchase and sale agreement -- would increase that value by about 60,000 dollars. You would need to do a new -- a new appraisal on a vacant piece of land with no encumbrance to say what is the true value today. But that was the value back then and the increase to that value at the time be about 60 grand. Again, with the economic development mindset and looking at what does this do to a piece of land to help further the discussion about the next steps of this property I think is an important component as well. With that, then, Meridian City Council Work Session November 14,2023 Page 21 of 28 the remaining actions on this item -- or this project are sort of contingent and up to you. Happy to answer any questions. Simison: Thank you, Dave. Council, additional questions, comments? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Just like some clarification on the reimbursement timing and are we waiting until there is tax increment that's coming from a development on this property specifically or what does that look like in terms of how long the city will front those funds until we were reimbursed? Squyres: Again, Ashley Squyres with Meridian Development Corporation. Mayor, Council Woman Perreault, it will be tied most likely to this property in terms of when TIF is generated, which, then, encourages us to move forward with a project as quickly as possible to generate that TIF. We have financial agreements for the Union 93 property and we also have financial agreements with some of the properties that are included in the block bounded by Broadway, Idaho, Main Street and 2nd Street. So, most of the TIF is going to have to come from this site specifically. We can reimburse as it comes to us. It typically takes 18 to 24 months after a project is complete to actually generate any real TIF, but that's how it usually works. 16. Fiscal Year 2024 Budget Amendment in the Amount of $800,970.00 for the Hunter Lateral Relocation Project Simison: Okay. Well, Council, you do have before you the fiscal year 2024 budget amendment for your consideration. And you will be abstaining from this vote? Council -- Councilman Hoaglun? Hoaglun: Yes. I would move approval of the fiscal year 2024 budget amendment in the amount of 800,970 dollars for the Hunter Lateral relocation project. Overton: Second. Simison: I have a motion and a second for approval of the budget amendment. Is there discussion? Miles: Mr. Mayor, are we on Item 17 for the approval of the construction contract? Simison: We are in the budget amendment 17. Is that the right order? I think it should be. Strader: Mr. Mayor? Meridian City Council Work Session November 14,2023 Page 22 of 28 Simison: Council Woman Strader. Strader: Yeah. Just -- were you opening it up for discussion? Simison: Yeah. We are in discussion. Strader: Okay. I do have a couple thoughts. So, I -- I agree that it -- it looks like this improvement is necessary no matter how this property moves forward to make it a usable piece of land and maximize its value. The reimbursement agreement I think is an important driver of it, but I do want to sort of put a caveat out there, especially for MDC, so they understand my thinking and we are not considering putting this out for bid again at this time, but I'm going to be very -- in the future if we open up this property for development I'm going to be pretty -- I'm going to scrutinize it a lot, as I think we should and I hope a future council will take a hard look at what our objectives are with it. I think that's really important. So, I -- I wouldn't take my approval today as an indication that I would be on board in the future. Not that I wouldn't be, but I'm just really going to be -- because of the market conditions in my view not improving and because we have had a couple of -- maybe speed bumps is putting it lightly, but I think we have to be really thoughtful and deliberate about what we are looking to get out of this property in the future if we put it out to bid again. So, I just wanted to put that out there. Simison: Are there further items for discussion on the motion? Okay. With that Clerk will call the roll. Roll Call: Hoaglun, yea; Borton, abstain; Cavener, no; Perreault, yea; Strader, yea; Overton, yea. Simison: Four ayes. One no. One abstain. The budget amendment is agreed to. MOTION CARRIED: FOURAYES. ONE NAY ONEABSTAIN. 6. Purchase and Sale Agreement Between City of Meridian and River Caddis Development, LLC Concerning Plans for the Hunter Lateral Relocation Project Simison: With that we will move on to Item 6, which is purchase and sale -- well, move on to purchase and sale agreement between City of Meridian and River Caddis Development concerning plans for the Hunter Lateral relocation project. Miles: Mr. Mayor and City Council, again, this action is related to the previous discussion where under the MOA the city has the authority to purchase the plans to affect the construction to move forward. So, happy to take any questions. Simison: If not do I have a motion? Hoaglun: Mr. Mayor? Meridian City Council Work Session November 14,2023 Page 23 of 28 Simison: Councilman Hoaglun. Hoaglun: I move that we approve the purchase and sale agreement between the City of Meridian and River Caddis Development, LLC, considering plans for the Hunter Lateral relocation project. Overton: Second. Simison: I have a motion and second to approve the purchase sale agreement. Is there discussion? If not, all in favor signify by saying aye. Opposed nay? And, then, those that abstain -- Mr. Borton. So, all ayes, no nays, and abstain. MOTION CARRIED: FIVE AYES. ONE ABSTAIN. 17. Approval of Construction Contract to LaRiviere, Inc. for the Hunter Lateral Relocation — NE 3rd Street, Broadway to Idaho project for the Not-To-Exceed amount of $617,502.00 Simison: Next item up is approval of construction contract to LaRiviere, Inc., for the Hunter Lateral relocation. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we approve the construction contract to LaRiviere, Inc., for the Hunter Lateral relocation for a not to exceed amount of 617,502 dollars. Overton: Second. Simison: Have a motion and a second to approve the construction contract. Is there discussion? If not, all in favor signify by saying aye. It's not -- we don't need a roll? All those in favor signify by saying aye. Opposed nay? Cavener: No. Simison: Any abstains? All ayes. One nay. MOTION CARRIED: FIVE AYES. ONE NAY. 7. Termination of Memorandum of Agreement Civic Block Development Proposal Between City of Meridian, Meridian Development Corporation, and Meridian River, LLC Meridian City Council Work Session November 14,2023 Page 24 of 28 Simison: And last item up on this round is the termination of the -- oh. Item is agreed to -- is the termination of MOU with the civic block development proposal between the City of Meridian, Meridian Development Corporation and River Caddis, LLC. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Just to comment before I make the motion -- and I appreciate the Council's diligence in trying to work with River Caddis and the market conditions just did not work out favorably and it's just one of those things that this business decision was reached by all parties. So, time to move forward and, then, see what happens in the future. So, with that comment, Mr. Mayor, I move that we terminate the memorandum of an agreement, a civic block development proposal between City of Meridian, Meridian Development Corporation and River Caddis, LLC. Perreault: Second. Simison: I have a motion and a second to approve the termination of the MOU. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? And one abstain. All ayes, no nays and one abstain, Councilman Borton. MOTION CARRIED: FIVE AYES. ONE ABSTAIN. 18. Update on American Rescue Plan Act (ARPA) Projects Simison: Okay. Thank you very much for those that were here for that portion and look forward to continuing to moving that project forward. With that we will move on to Item 18, update on the American Rescue Plan Act projects. Mr. Miles. Miles: I believe there a slide show for this one. So, Council, just to recap, sort of catch up on the ARPA, American Rescue Plan Act funds that the City of Meridian received based on the pandemic from two years ago. I feel like it's been a while since we have been here. There has been progress being made. We thought it would be a good time to come back and talk to you about an update. We will go through sort of a reminder of funding, where we stand on some projects and, then, the additional projects that we have talked about, but haven't moved forward waiting for direction on those. Did want to just reiterate our -- the policy perspective that we have talked about in the past, consider the staffing impacts, consider projects that reduce operating costs over the long term, consider projects that reduce capital costs over the long term. Those that will benefit the community in the long run, as well as -- I already mentioned that one. Staffing impact. A high level reminder, roughly a 350 billion dollar program. Idaho received a little more than one billion dollars. Meridian's allocation was 12.8 million dollars. Timeline of the grant program. Projects have to be -- funds have to be obligated for projects by December 31 st of 2024. So, 13 months from now. Have to expend funds by December 31 st of 2026. We are currently going through the reporting Meridian City Council Work Session November 14,2023 Page 25 of 28 process with projects that are in progress, so things like the Wood Rose Apartments have been expended. Reported on the Jesse Tree allocation. The consultant fees, as well as some of the design costs for the Public Works projects have been moving forward. There is, if you recall the 12.8 million dollars has a sort of a breakdown of -- there is a revenue loss category that funds can be attributed to up to ten million dollars. I think it's important to remember that that's an up to. It's not that you have to allocate ten million dollars. If you did that would leave roughly 2.8 million dollars remainder. There is the sort of project philosophies that we have reiterated over the last few times we have been in front of Council, get projects that are addressing one-time capital cost, because this is one time money. Look at those that help us on the operational side and the capital facilities, along with, again, staff impacts allowing the least amount of reportability risk, along with flexibility. Have been some of our goals. So, as you can see there what we have are sort of the projects that this group has considered in the past. We have got the consultant services, which has moved forward. You can see from left to right what the estimated costs were that we brought to you, what was obligated and, then, what's been expensed so far. You have got the emergency housing assistance. That's the Jesse Tree funds that were expended over the last year. The Wood Rose Apartment assistance. You have got the Biosolids. We did show the bio gas, because that was a project that was discussed, along with -- we talked about the public safety facilities and some fiber projects. That was -- those were the projects that were -- we discussed the last time we were in front of you. To date, again, we have moved forward with the consulting services to help us keep us in track, make sure we are doing this program correctly. We have completed the Jesse Tree expenditure of 250,000 dollars to Wood Rose Apartment. The Biosolids drying has moved forward. We got the estimates and Laurelei and Public Works were here in front of you a couple weeks ago talking about that estimate. Came in about 4.6 million dollars. They have expended so far roughly 65,000 dollars of the obligated. I'm going to call it 300,000 dollars for a round number. That's on the design side of things. That is nearing a hundred percent completion on the design side. And, then, the bio gas utilization came off the board. We did have some expenditures obligated on the engineering side, because we had to do the -- that preliminary engineering to get those preliminary costs. Leaving you with roughly a remainder of 11.6 million on the obligation side that's available and so, really, to the meat of the conversation is what do we do going forward and if we consider the program's goals of capital costs, applying money to capital projects, lowering operational costs, averting the risk on the reporting side of things, considering the staff impacts as well, we have already had the -- as I understand the head nods from you all from Laurelei's presentation on the bio gas, so that project is moving forward. There is roughly 5.1 by .2 million dollars on the Fire Station No. 8 and roughly 2.8 on the police station up in the northwest. And, then, you have got eight separate fiber projects, which we can go through the specifics of those if you would like. They all total about 645,000 dollars. So, if you do the math you are over that 11.6 million dollars and I think from a staff perspective at least, looking for guidance from you and approval -- head nods from you that moving forward with reimbursing the revenue loss side on funding the fire station and the police precinct, along with the Public Works biosolids drying project and shaking out those in terms of where the buckets of money fit under the ARPA guidance, you have to put some of the money for the Public Works Meridian City Council Work Session November 14,2023 Page 26 of 28 project in the Public Works infrastructure category and it's really going to balance how much of the -- call it 7.9 million dollars of fire station and police station funds available go towards -- go and pay that back through ARPA -- sort of indicates how much you are going to pay on the Public Works project in which bucket. That's the ask, really, is does Council agree that we pay 11.6 million dollars to these top three projects as they shake out and move forward, allowing the city and you all to, then, have a policy discussion on do you want to fund fiber projects through city revenues that are paying -- paying back through the revenue loss side of things that are now city funds, because the revenues are there through the ARPA funding being paid to the city directly versus getting into the reporting nightmare of going through eight different fiber projects and reporting on each and every single one of those in three different categories across the projects and, then, getting a remainder amount of money on the fiber and police station -- fire and police stations, saying how much is left there that can apply to that and, then, breaking apart the Public Works project or are there other projects that the Council is looking at saying I want to do something completely different. And, again, we as staff looked at it from a reportability standpoint, having the prior direction of sort of focusing on these projects as these were the ones that everybody was sort of in alignment saying, yes, that's where this money should be spent. Using the ARPA funds to pay for these. Through the revenue loss much of that money comes back to the city and, then, the Council can discuss what it wants to do with those funds. Separate conversation. That's been the -- the mindset of where we have come and that's the recommendation before you is to expense the remaining 11.6 million dollars between the three projects of Biosolids, Fire Station 8 and -- Borton- Mr. Mayor? Simison: Councilman Borton. Borton: Get it and I agree with your recommendation a thousand percent. Get in, get out, spend it all on those one time top three capital expenditures. Secondary discussion. How we spend the city revenue of equivalent value on other items without our restraints. Do that and be done. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Lots of heads are nodding on that. It makes sense to do it that way and Councilman Borton has good -- good advice there. Miles: Mayor and Council, appreciate the head nods and -- Simison: Is -- is there anything that we need to do to effectuate that result, so we can feel comfortable moving forward? Meridian City Council Work Session November 14,2023 Page 27 of 28 Miles: So, Mr. Mayor and Council, from my perspective at least -- each of these projects, again, when there is a transaction, will come back at least in my mind, unless Bill says otherwise on the consent agenda when there is contracts and payments to be made, unless there is something else that we need to do in your mind. Simison: The projects are wrapped up at the police and fire. I think the question is do we want to effectuate that here in the next month working with the team roughly to what we think the other one will cost? Let's work with Todd and see what -- if there is anything we can do directly, as complete compared to waiting for their conversation, so -- Miles- Thank you. Appreciate the time. 19. per Idaho Code 74-206(1)(f): To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Simison: With that we will move on to Item 19. 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: Motion and a second to go into the session. Is there 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 move into Executive Session. MOTION CARRIED: ALLAYES. EXECUTIVE SESSION: (5.41 p.m. to 5.56 p.m.). (Motion to come out of Exec Session and second: Hoaglun/Borton) (Motion to adjourn: Hoaglun.) MEETING ADJOURNED AT 5.57 P.M. Meridian City Council Work Session November 14,2023 Page 28 of 28 (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 12 / 5 /2023 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Dutch Bros. at Eagle and Ustick Water Main Easement No. 1 (ESMT-2023- 0142) - ADA COUNTY RECORDER Trent Tripple 2�23-�64332 Fr®&ect fV�rvoe(Sc�bdivisi® �. BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 11/15/2023 09:42 AM Dutch Bras at Eagle and Ustick CITY OF MERIDIAN, IDAHO NO FEE Water Mains Easement Number: 1 Identify this Easement by sequential number if Project contains more than one Water regain easement. (See Instructions for additional information). ESMT-2023-0142 WATER MAIN EASEMENT THIS Easement Agreement, made this 14th day of NOV* 2023 between Wadsworth Meridian LLC ("Grantor"), and the City Of Meridian, an Idaho Municipal Corporation ("Grantee") WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others® and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other -good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property; (SEE ATTACHED EXHIBITS A and R) The easement hereby granted is for the purpose of construction and operation Of grater 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 HAV E 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-ofway and easement hereby granted shall become part of, or lie 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: Wadsworth Meridian, LL STATE OF UTA H ) ) ss County of Salt Lake ) This record was acknowledged before me on �i (date (name by (name of individual), [ complete the following If signing in a representative capacity, or strike W�Uwrrt- the following If signing in an individual capacity] on behalf of 44C (name of entity on behalf of whom record was executed), in the following representative capacity: L �� �h'r�i{� S �►+✓ (type of authority such as officer or trustee) (stamp) NotarY Signature 1' ' 0 c ZQ l S JACQUELINE NAPKIN N My C mmission Expires: Notary Public.state of Utah Commission Number:721295 My Commission Expires on Nov.5,2025 Water Main Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E.Simison, Mayor 11-14-2023 Attest by Chris Johnson,City Clerk 11-14-2023 STATE OF IDAHO, ) :ss. County of Ada ) This record was acknowledged before me 06'1-14-202jdate) 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 Version 04/17/2023 Water Main Easement Page 3 LEGAL DESCRIPTION %--: THE Page 1 OF 1 LAND MEL GROUP September 26, 2023 Project No.: 123061 EXHIBIT"A" WADSWORTH MERIDIAN SUBDIVISION WATER EASEMENT No. 1 DESCRIPTION An easement located in Government Lot 1 in the Northeast Quarter of Section 5,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 5 of said Township 3 North, Range 1 East, (from which the North Quarter Corner of said Section 5 bears South 89°39'20"West, 2656.46 feet distant); Thence from said Northeast Corner of Section 5, South 89°39'20"West, a distance of 497.37 feet on the north line of said Section 5; Thence South 00°20'40" East, a distance of 80.92 feet to a point on the southerly right of way line of East Ustick Road,said point being the northwest corner of Parcel "A"of Record of Survey No. 13633, Instrument No. 2022-078886, of Ada County Records and the northwest corner of City of Meridian Water Easement,Instrument No. 2021-132715, of Ada County Records; Thence South 01°05'59"West,a distance of 151.00 feet on the west boundary line of said Parcel "A"to the southwest corner of said Parcel"A"and the northwest corner of Lot 5 of Wadsworth Meridian Subdivision,as shown on Page 19070 in Book 121 of Plats, Instrument No.2021-151043,of Ada County Records; Thence on the common lot line of said Parcel "A"and Parcel "B" of said Record of Survey No. 13633 and the lot line of Lot 5 of said Wadsworth Meridian Subdivision,for the following courses and distances: Thence South 88°54'01" East, a distance of 56.00 feet; Thence North 01°05'59" East, a distance of 32.89 feet; Thence South 86°01'47" East, a distance of 131.27 feet to the POINT OF BEGINNING; Thence North 03'58' 13" East, a distance of 62.30 feet; Thence South 86°01'47" East,a distance of 20.00 feet; Thence South 03'58' 13"West,a distance of 83.29 feet to a point on said City of Meridian Water Easement; Thence North 84'51' 26" West, a distance of 20.00 feet on said water easement line,- Thence North 03°58' 13" East, a distance of 20.58 feet to a point on said common lot line,said point being the POINT OF BEGINNING. The above described Easement contains 1,662 square feet more or less. N ti0 1? PREPARED BY: w�� T The Land Group, Inc. a 7880 a 9-26-2023 PXX rr1E OF\p James R. Washburn 1t.�PA� 462 East Shore Drive,Suite 100, Eagle. Idaho 83616 208.939.4041 the"anagroupae,c.com - NORTH 1/4 CORNER NE CORNER SECTION 5 SECTION 5 T.3N., R.1 E.,B.M. T.3N., RA E., B.M. S.32 E. USTICK ROAD S.32_ S.33 TAN.,R.1 E.:B.M. S89°39'20"W 2656.46' 1/4 S.5 2159.09' T.3N.,R.1E.,B.M. 497.37' S.5 S.4 r PARCEL"A" I PARCEL"B" ROS 13633 i Ros 13s33 WATER EASEMENT No.2 WATER EASEMENT No.1 q 0.04 ACRES± (1,662 SQ.FT.) L7 ' o POB-1 75 48' I I°O : WATER EASEMENT No.3 #` _ _ 55.79' ' —_ CITY OF MERIDIAN 1 WATER EASEMENT WATER EASEMENT No.2 -13 IINST.#20212715 o � 4 i _ WA DSWORTH MERIDIAN SUBDIVISION t I Line Table Line Table LINE BEARING LENGTH LINE BEARING LENGTH AL LAN L1 S00020'40"E 80.92' L6 NO3°58'13"E 62.30' �� TER oS L2 S01°05'59"W 151.00' L7 S86001'47"E 20.00' L3 S88054'01"E 56.00' L8 S03058'13"W 83.29' a 788 0Zo 9-26-2023 L4 N01005'59"E 32.89' L9 N84°51'26"W 20.00' lq��gTE OF L5 S86001'47"E 131.27' L10 NO3°58'13"E 20.58' �SR. WA �� 3 Exhibit "B" - - — a Horizontal Scale:1" = 100' Project No.:123061 Date of Issuance:9-21-2023 %=-THE Water Easement No. 1 r E LAND City of Meridian o —M GROUP Dutch Bros Coffee of Canyon County 8 - �s� M E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Dutch Bros. at Eagle and Ustick Water Main Easement No. 2 (ESMT-2023- 0143) Pr®)ect-Na�se(Subdiision ADA COUNTY RECORDER Trent Tripple 2023-064333 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 11/15/2023 09:42 AM Dutch Bros at EPolle and Ustick CITY OF MERIDIAN, IDAHO NO FEE Water Main Easement Numbera Identify this Easement by sequential numoer if Project contains more than one Water Main easement. (See Instructions for additional information): ESMT-2023-0143 WATER AI EASEMENT THIS Easement Agreement, made this 14th day of NOV 2023 between Wadsworth meridian, LLB "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 Grantees 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 reins 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 tunes. TO HAV E 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 ay and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Ewernerit 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: Wadsworth Meridian STATE OF UTAH ) ss County of Salt Lake ) This record was acknowledged before me on b 4-45(date) by—Nor,- A (name of individual), [ complete the following If signing in a representative capacity, or strike wo'1sa,+etk the following If signing in an individual capacity] on behalf of Mi,64 1"i LLC.(name of entity on behalf of whom record was executed), in the following representative capacity: (type of authority such as officer or trustee) (stamp) Not ry Signatu e JACQUELINE R HOIKINSON My ommission Expires: Notary Public-State of Utah Commission Number.72129 My Commission Expires on ��. Nov.5,2025 Water Main Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E.Simison, Mayor 11-14-2023 Attest by Chris Johnson, City Clerk 11-14-2023 STATE OF IDAH0, ) :ss. County of Ada } This record was acknowledged before me on 11-14-2023(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____ Version 04/17/2023 Water Main Easement Page 3 ��_ LEGAL DESCRIPTION -R THE LAND Page 1 OF 2 . : GROUP September 26, 2023 Project No.: 123061 EXHIBIT"A" WADSWORTH MERIDIAN SUBDIVISION WATER EASEMENT No. 2 DESCRIPTION An easement located in Government Lot 1 in the Northeast Quarter of Section 5,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 5 of said Township 3 North, Range 1 East, (from which the North Quarter Corner of said Section 5 bears South 89°39'20"West, 2656.46 feet distant); Thence from said Northeast Corner of Section 5, South 89°39'20"West, a distance of 497.37 feet on the north line of said Section 5; Thence South 00°20'40" East,a distance of 80.92 feet to a point on the southerly right of way line of East Ustick Road,said point being the northwest corner of Parcel "A" of Record of Survey No. 13633, Instrument No. 2022-078886,of Ada County Records and the northwest corner of City of Meridian Water Easement, Instrument No. 2021-132715, of Ada County Records; Thence South 01°05'59" West,a distance of 151.00 feet on the west boundary line of said Parcel "A"to the southwest corner of said Parcel "A"and the northwest corner of Lot 5 of Wadsworth Meridian Subdivision,as shown on Page 19070 in Book 121 of Plats, Instrument No. 2021-151043,of Ada County Records; Thence on the common lot line of said Parcel "A"and Parcel "B"of Record of Survey No. 13633, Instrument No. 2022-078886, Records of Ada County and Lot 5 of said Wadsworth Meridian Subdivision for the following courses and distances: Thence South 88°54'01" East, a distance of 56.00 feet; Thence North 01°05'59" East, a distance of 32.89 feet; Thence South 86°01'47" East, a distance of 198.05 feet; Thence South 84°06'00" East, a distance of 48.35 feet to the POINT OF BEGINNING; Thence North 05°08' 34" East, a distance of 61.87 feet; Thence South 84°51' 26" East, a distance of 20.00 feet; Thence South 05°08'34"West, a distance of 62.14 feet to a point on said common lot line; Thence North 84°06' 00" West,a distance of 14.05 feet on said common lot line to the northeast corner of said Lot 5; Thence South 05°54' 00" West,a distance of 21.22 feet on the east boundary line of said Lot 5 to a point on said City of Meridian Water Easement; Thence North 84°51' 26" West, a distance of 5.67 feet on said water easement; 462 East Shore Drive,Suite 100, Eagle. Idaho 83616 208,939.4041 th eland groupine.corn September 26,2023 Page 2 Thence North 05'08' 34" East, a distance of 21.30 feet to a point on the common lot line of said Parcel "B"and said Lot 5,said point being the POINT OF BEGINNING. The above described Easement contains 1,364 square feet more or less. PREPARED BY: LA The Land Group, Inc. w 7880 , 9-26-2023 �y�T'4TE OF`p��O James R. Washburn A�R.W 1 Site Planning•Landscape Architecture•Civil Engineering•Surveying 462 E.Shore Drive,Suite 100•Eagle,Idaho 83616•P 208.939.4041•www.thelandgroupinc.com NORTH 1/4 CORNER NE CORNER — SECTION 5 SECTION 5 T.3N.,R.1 E.,B.M. T.3N., RA E., B.M. S.32 E. USTICK ROAD S.32_ S.33 _ T.4N.,R.1 E.,B.M. S89°39'20"W 2656.46' 2159.09' T.3N.,R.1 E.,B.M. 497.37' 1/4 S.5 S.5 S.4 PARCEL N' ' RU713M PARCEL"B" I ROS 13633 WATER EASEMENT No. 1 q r L7 WATER EASEMENT No.2 Q� J + I- 0.03 ACRES± (1,364 SQ.FT.) W I 1 1 P0111-2 - 75.48' _ 122.57' L5 L9 _� L10 �— r---------- _ _ ————— ———— I —1 1 CITY OF MERIDIAN L WATER EASEMENT No.3 WATER EASEMENT Ir INST.*2021-132715 O + _WADSWORTH MERIDIAN SUBDIVISION i o I � I � Line Table Line Table LINE BEARING LENGTH ��:ERING LENGTH L1 S00020'40"E 80.92' L7 S84051'26"E 20.00' p,L LAND L2 S01005'59"W 151.00' L8 S05°08'34"W 62.14' L3 S88054'01"E 56.00' L9 N84°06'00"W 14.05' a 7 8 8 0 0 9-26-2023 L4 N01°05'59"E 32.89' L10 S05°54'00"W 21.22' J'j P p L5 S84°06'00"E 48.35' L11 N84°51'26"W 5.67' WA�t'" 4 L6 N05008'34"E 61.8T L12 N05°08'34"E 21.30' 0 100' 200' 3 Exhibit "B' x Project No.:123061 y Horizontal Scale: 1" = 100' - Date of Issuance:9-21-2023 2 G THE Water Easement No. 2 TM o Own WE�i•►. x LAND City of Meridian o �o g =GROUP Dutch Bros Coffee of Canyon County r os E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for The Oaks North Subdivision No. 13 (FP-2023-0015) by Kyle Prewett, Toll Brothers, located near the intersection of W. Gondola Dr. and N. Black Cat Rd. STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 11/14/2023 Legend - DATE: ��Prntect Lflcatian TO: Mayor&City Council _ - b FROM: Linda Ritter,Associate Planner 208-884-5533 SUBJECT: FP-2023-0015 The Oaks North Subdivision No. 13 ----- - 7 LOCATION: Near the intersection of W. Gondola Drive and N. Black Cat Road, in the NE %4 of Section 28,Township 4N.,Range , - 1W. I. PROJECT DESCRIPTION Final Plat consisting of eighteen(18) single family residential lots and seven(7)common lots on 7.39 acres in the R-4 zoning district II. APPLICANT INFORMATION A. Applicant: Kyle Prewett Toll Brothers LLC 3103 W. Sheryl Drive, Suite 100 Meridian, ID 83642 B. Owner: Ryan Hammons Toll Southwest LLC 3103 W. Sheryl Drive, Suite 100 Meridian, ID 83642 C. Representative: Same as applicant Page 1 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(11-2018-0117) as required by UDC I I-6B-3C.2. The submitted final plat is for the same number of building lots and common area as approved with the preliminary plat;therefore,the proposed plat is in substantial compliance with the approved preliminary plat as required. IV. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. The Director has approved the request for private streets within the development per the conditions in Section VI, in accord with the Findings in Section VII. V. EXHIBITS A. Preliminary Plat(date: 10/8/2018) s��a RUT 3 j R R _ a � Bile R-8 oiW-UR -M PRE-1 Page 2 B. Final Plat(date: 10/12/2023) THE OAKS NORTH SUBDIVISION NO.13 BOOK.PAGE LOCATED IN THE SE 1A OF THE NE 114 OF SECTION 28.T4N.R1 W,BM MERIDIAN,ADA COUNTY,IDAHO LEGENp 2023 6 II � vren � nx ___— zr-aprr__—_—_ II�anfrr00f I \ o eLsnrn V 1 MW 3 • vrantn `i�._� � �;� � I gyp• ay �1pltl/E SWICIY9xW 2 YFSILwtEC AtldN9[N F I®— ® ®�@ mvaps RlYPNg! F 60]I rAt v+4s iaAi-rkPo i3 i ______ eouxrvavLixE 7, 1 ` A SST 1�Yl -- rm i m r�vrmuxv z I ___ RR191 M'6 pR __—_ —'•--RWt9 Cis _ p Yn _'_ __ - NOTES 4111 rt�I.mre 111 I �tl I J��fk?�+9pp rW7 1� �Y CSk 41Pp�'XIIWa I rt.w.r.uw.�or i..o�..�.�n<<rt,wn�w...r.oi f }� ear�+p.nos lMYgwp II` urn scar tta,nuu tw►wu �I i - - ��w��•"������LL,�•.,,,.s„� a s j ara rWsc $• —Mt�rr L'. a n aloe 1 Laprx Rana mr. BFpel6 nlppo "0°i1°' a•�. ft + - - - •.K wwp ars•p gaftfk wY - - _ �,ra rwxree,n rrene arwnw.w,e sry uvpat v UE 1 ID16a d•ClOX ut!IEXpII oPE[rJp - .n=..w a wn -•pr or.w w=•trt wr n-. vXxp Aa xnup a ar sw .wm arw•r pa nor vprxp ax wp=rwv _��a,n.�.,..wr.n =,ww..�.mr.�n.,.�r..�rs,ro •w xrr mru warn nr er wp�.>, nea mnr. w x x, u. SURVEY NARRATIVE M as xrr wpfe wwlpl wI iw w.LrJYp ..r ,pu'up �qx q,W� wX 'oar watt w[imY� ixP xiarrr oar snitp nX ,w.'p ah'urrrvr �I✓A V ruptl rxSr G=pfVY iRf Lwd Survv�np ad 0.m�Arg azwxncxm ,_caveaanicwwcrm rwnrccuc,.ai� sou —OF3 Page 3 C. Landscape Plan Final Plat(dated 11/2/23) i I F �( Lo I� r w Jl_ I Y PLAhT SGH��ULE �uII 0 •�•�• �'�" ' "L LANn6WPE RAX KEY NAP -..m._ �7 Lirz;: L1.1 1 0 --- x a a: z z OS Z ¢LLI a 4 < O = LL f I-ahT SGHEpULE hot"L"� RAN CoKEYi.�AP .-.,..�.. Page 4 1y� PLANT 5C#EpULE ffu At Oj T F'L.wTIrv65 F<I.III -:IMI Fk Nhcr F+Nr.F „ x i�x i.�n��i ii ix� ii i�ii ix..� �IIH W--rW iiin inn In. M [ rm.x.x..rm.x siEx J 2 POWLANDSCAPE CALCULATIONS NOTE5 Z p w CCz o O 4 4 ;Wi p J it I:il:i 4ii iHiil iliHu � LLI N „I O LL 0 PI ANTFR wT HFn Flx+ �R L DE A�ILB E I;H"FT:l=Fli ' R L 1.3 D. Common Driveway Exhibit(dated 10/24/23) NOT A PART THE OAKS NORTH SUBDIVISION NO.13 COMMON DRIVEWAY LOT EXHIBIT o 9`"gam`" NOVEMBER 1,2023-Meridian,Idaho ® R R COMMON LDi 5.0' 200 PAYHMENT 2'WIRE6;ON%CREIE L-a P I Ox .DEEP _ 21 ezvEMEnr sa cl,I/Y ¢ RI%P650-]B OF SWALE RLOCN 26 eHntwT ®a 4 DF 3/C MIN SHED DtAYEL l-I(YA%) 4I ® 14'OF V MINAS PIT RDNCRII o NPAAM IURCRnOTMN esx DF MA%. N see -J NOT A COMMON DRIVEWAY TYPICAL DETAIL NOT A "' "' ,� IB.6 PART s PART 28 a zs ® s ITwI KEYNOTES TAD OI 20'WDE cG CRETE DRIVEWAY APPROACH PER ISPNC SP-NC(ACHD Ple so A4 C6X SM aEN cRETE SIDE—K—CENT m ore vEweT APP ROXH sxAa BE 6"MICK. 26IIDI COHCRETE RIWON Ilea PER I—5 7- MATCH CROSS ROPE aF � DRIv[WAY_ 1 [ASP—COnuoN D—(sE DE-) + I LEGEND kl-O —— ® r RIdIT OF x'aT _ - qDR r TINE 1 I l_1�� `h — W RIVER OAKSH DR GRAPHIC SCALE F lnch=30d - p ESE CONSULTANTS i `Toll Brothers AMERICA'B LUXURY HOME BUILDER' Page 5 VI. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. The applicant shall comply with all conditions of previous approvals(H-2018-0118 and MDA H-2021-0058,DA Inst.No. 2022-001215)associated with this property. 2. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 3. The final plat shown in Section V.B,prepared by Toll Brothers LandSolutions, stamped on 09/18/23 by Clint W. Hansen, shall be revised prior to signature on the final plat by the City Engineer,as follows: Plat Notes: a. Note#12 and 15: Include the recorded instrument numbers of the license agreement with ACHD and sewer easement with the City. 4. Prior to the City Engineer signature on the final plat,the applicant shall submit a license agreement from the Settler's Irrigation District(SID)and provide a copy of a separate easement for the piped ditch. B. PUBLIC WORKS DEPARTMENT https://weblink.meridianciU.orgj ebLink/DocView.aspx?id=309427&dbid=0&repo=MeridianC ky C. PARKS DEPARTMENT 1. Prior to City Engineer signature,the applicant shall submit a public access easement for a detached multi-use pathway running the length of the development on the west side of Black Cat Road to the Planning Division for Council Approval and subsequent recordation. The easement shall be a minimum of 14 feet wide(10-foot pathway plus 2-feet shoulder each side) and may fall within the required landscape buffer. Use standard city template for public access easement. Easement checklist must accompany all easement submittals. D. IDAHO TRANSPORTATION DEPARTMENT https:llweblink.meridiancioy.oLvlWebLinkIDocView.aspx?id=309565&dbid=0&repo=MeridianC i &cr--I E. IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancioy.org/WebLink/Doc View.aspx?id=309949&dbid=0&repo=MeridianC Lty Page 6 w IDIAN� AGENDA ITEM ITEM TOPIC: Final Plat for TM Center No. 2 (FP-2023-0018) by Brighton Development, Inc., located at the northwest corner of S. Vanguard Way and S. Wayfinder Ave. STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT A H O WFP4NKLIN•FD DATE: 11/14/2023 TO: City Council - W o FRONTLINEIN FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: FP-2023-0018 TM Center No. 2 S P VAM1•CUgpU yAY PROPERTY LOCATION: East of S. Ten Mile Rd. at the northwest corner of S.Vanguard Way and S. Wayfinder Ave., in the NW 1/4 of Section 14,T.3N.,R.1 W. (Parcel #S1214233700) I. PROJECT DESCRIPTION Final plat consisting of three (3)building lots on 4.22 acres of land in the C-G zoning district for TM Center Subdivision No. 2. Note: The proposed final plat is actually the sixth phase of the TM Center Subdivision preliminary plat(H-2020-0074). [TM Creek No. 5 (I st phase FP-2021-0027); TM Crossing No. 5 (2nd phase FP- 2021-0045); TMFrontline(3Yd phase FP-2021-0047); TM Center Sub. I (4`h phase FP-2022-0009); and TM Center East No. I (5`h phase FP-2022-0009.1 II. APPLICANT INFORMATION A. Applicant Josh Beach,Brighton Development,Inc.—2929 W.Navigator Dr., Ste. 400, Meridian, ID 83642 B. Owner: Robert Phillips,DWT Investments,LLC—2929 W.Navigator Dr., Ste. 400,Meridian, ID 83642 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat(H- 2020-0074) as required by UDC 11-6B-3C.2. The proposed final plat depicts fewer buildable lots than shown on the approved preliminary plat. Therefore, Staff finds the proposed final plat is in substantial compliance with the approved preliminary as required by UDC 11-6B-3C. Page 1 IV. DECISION A. Staff- Staff recommends approval of the proposed final plat with the conditions of approval in Section VII of this report. V. EXHIBITS A. Preliminary Plat (dated: May 29, 2020) TM CENTER SUBDIVISION PRELIMINARY PLAT VIO'N'ryVW.F"NKL1JRD MARI"-iW A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST 1/4 AND A PORTION OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF SECTION 14,TOWNSHIP 3 NORTH,RANGE 1 WEST,BOISE MERIDIAN,CITY OF MERIDIAN,ADA COUNTY,IDAHO,2020 o ,IED..oFORawI,�E,R„E 0 0 j o C o C O o © O O O -EN. ® © ® C Y ® ® emu [ SURVEYOONTROL NOTES OQ° ® WLM£�r ® � m.rwuse wv usa.m - nm data�a .tn n0 vnm u TM CENTER SUBDIVISION _ MERIDIAN,IDAHO - —E—EET m,�artM� iv.w xna a-.•' ,u yc'�y,cf� km m.w un x d..u,=r.n..,m•m ulNsie 14 n.,. �rvPP10 Page 2 B. Final Plat(dated: 8/30/23) Plat of BOOK PAGE TM Center Subdivision No.2 .wbnn�x,a wan U:ar.e xn,x�ar y.bs�xnn,.,.nw,a.�B 3•a+x.xana a wa:t aM., nnbBkwian�cnaan.lnma ///y[��� I/`w°ir x.mio-u,nn — anWmetl x -- �� ewn score,-ea __—_I_ }__'/ w mas-omasr. xm 4-cwnrcnra ago rtvq E xo uavo IL I muxo 3�xirx�mu xwxm'au,am I I�\= Nd\ w as em �M, • ��n/wax vawe um�evync c.^umm v J ,c(xm�wacnc arsmrl uun ---- �Y1�� l�1II�i��� p;a tip „o x�.larvau YI18 Z �x fIIW, �G �a p„ .xErvx.w Pxx ww�m M�w.�mx I Al s o<,v n nrnwx FZIIIZII xMe axx suBrarx.BB.,rrve n. 1 is, 'x I 4 km .� BRIGHTON CORPORATION c.wa... aowxio Plata( BOOK PAGE TM Center Subdivision No.2 .o,ss d6a m.39 n.,� Edan.,112 x'" x€BLL'B- xo.w O so.w 541 71 km aIEM[e5 rvetz,.:,-,.: �emz 6 w cumr,iowo. nr n® rauxe a/wrex xmw unxxee-u,xwr uraess uarzn amwwse rs.as:uv er xmn w.aw,x¢ww er ra mxn,mroo O R�a/tr x P]V�xatln uxf Pu9,c V„xway,+u,en,n yB BRIGHTON CORPORATION .0,a. —--— •�. 4�8�' titsxiaeu.lo Page 3 C. Landscape Plan(dated: 7/20/23) 05 tl�' - 'ice �-q�'n`• ���"._ .�,....•�°°...Em.,m �,,,.��:..,..� �...r.��,�a�� a 7t- --__------------- LANDSCAPE COVER ___ ...,�,� CQ '"" ��•�. °°"'° STREET TREE CALCULATIONS ILTREEJ35 LFl .W TOTAL STREET TREES "�••'""""'" "P�" MI—TIONREQUIREMENTS ■ TDT MEESREQUIRED/R—DED UN LLD __ xnxrsomi. rww w o.m ii v.x _ w�:-mow Om sa..,R.�•�.,_..�°�. �a ,..mExa um i.n' 4. ,,.wn.i. �°bxee"sD 1= I - �� � L i -- r A 1-- ---- L__ ------- -J---- - -- S i �1 LANDSCAPE PLAN I � _ 02 sxDUEL UN rncE `"6` L2.0 •,o• Page 4 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development [TM Center H-2020-0074,DA hist. #2021-0891571. 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Engineer's signature on the previous phase final plat, or apply for a time extension, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by KM Engineering, stamped on 8/30/23 by Ron Wright, included in Exhibit B shall be revised as follows: a. Include the recorded instrument number of the City of Meridian easement depicted on Lots 8, 9 and 10,Block 1 (detail B). b. In the Legend,include the recorded instrument number of the 50' ingress/egress, public utilities and emergency access easement. c. Note#9: Include S.Wayfinder Ave. as it's also a collector street and subject to a 20- foot wide street buffer. Include a note stating the buffers will be maintained by the property owner or business owner's association, as applicable. 5. The landscape plan prepared by KM Engineering, dated 6/17/22 included in Exhibit C, is approved as submitted. 6. Provide an update to the City from Valley Regional Transit(VRT) on the public transit needs in this area as outlined in provision#5.1(6)in the Development Agreement. 7. The subject property shall be subdivided prior to issuance of any Certificates of Occupancy for the site per requirement of the Development Agreement. 8. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works https:llweblink.meridiancity.orglWebLinkIDocView.g,v x?id=309659&dbid=0&repo=Meridi anCi C. Idaho Transportation Department(ITD) https:llweblink.meridiancity.org WWebLinkIDocView.aspx?id=309705&dbid=O&redo=Meridi anCi D. Department of Environmental Quality(DEQ) https:llweblink.meridiancity.org WWebLinkIDocView.aspx?id=30995O&dbid=O&redo=Meridi 9K-i Page 5 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Poiema Subdivision (MFP-2023-0002) by Clint Hansen, Land Solutions, located at 3727 E. Lake Hazel Rd. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: OCTOBER 3, 2023 ORDER APPROVAL DATE: NOVEMBER 14, 2023 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 48 BUILDING ) CASE NO. MFP-2023-0002 LOTS AND 6 COMMON LOTS ON ) 14.87 ACRES OF LAND IN THE R- ) ORDER OF CONDITIONAL 15 ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT POIEMA SUBDIVISION PLAT ) MODIFICATION. ) BY: CLINGT HANSEN, LAND ) SOLUTIONS ) APPLICANT ) This matter coming before the City Council on November 14, 2023 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING POIEMA SUBDIVISION, LOCATED IN THE NE 1/4 OF the NW '/4 OF SECTION 4, TOWNSHIP 2N, RANGE 1 E, MERIDIAN, ADA COUNTY IDAHO, 2023, STAMPED BY CLINT W. HANSEN, PLS, SHEET 1 OF 4,"is conditionally approved subject to those ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR POIEMA SUBDIVISION MFP-2023-0002 Page 1 of 3 conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated October 3, 2023, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR POIEMA SUBDIVISION MFP-2023-0002 Page 2 of 3 eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 14th day of November , 2023. By: Robert E. Simison 11-14-2023 Mayor, City of Meridian Attest: Chris Johnson 11-14-2023 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 11-14-2023 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR POIEMA SUBDIVISION MFP-2023-0002 Page 3 of 3 EXHIBIT A STAFF REPORT E COMMUNITY N --- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 10/3/2023 Legend --- DATE: ; _T 0 ElProject Location TO: Mayor&City Council FROM: Linda Ritter,Associate Planner 208-884-5533 �SUBJECT: Poiema Subdivision MFP-2023-0002AN LOCATION: The site is located at 3727 E. Lake Hazel Road, in the NE 1/4 of the NW 1/4 of Section 4,Township 2N.,Range 1 E. -----; I. PROJECT DESCRIPTION Modification to the final plat to correct the interior lot public utility, drainage and irrigation(PUDI) easement from 5 feet to 3 feet as allowed by UDC 11-2A-7 for medium high-density residential district(R-15).No other changes are being proposed or approved. IL APPLICANT INFORMATION A. Applicant: Clint Hansen,Land Solutions—231 E. 5t1i Street, Ste.A,Meridian, ID 83642 B. Owner: Dave Evans,Evans Development,LLC—7761 W.Riverside Drive,Boise,ID 83705 C. Representative: Same as applicant III. STAFF ANALYSIS The final plat(FP-2021-0034) for Poiema Subdivision was approved by City Council on August 10, 2021 and has been recorded. The Applicant proposes to amend the interior lot PUDI easement from 5 feet to 3 feet to align with the interior side yard setbacks set forth in UDC 11-2A-7 for medium-high density residential district(R-15). The purpose of this modification is to correct the easement width from 5 feet to 3 feet designated by note#2 on the final plat. The applicant has received design review approval to construct single-family attached homes on these lots and at the time of building permit approval it was discovered that the plat was recorded with a 5-foot PUDI easement rather than the 3- foot wide easement. This error has caused a delay in the construction of the homes. Page 1 In discussions with the County Surveyor's office,the applicant was informed that they needed to file an amended plat to correct the surveyor's error. In order for the applicant to record an amended plat, the City must approve the subject final plat modification. Since this plat is consistent with the previous approval and the R-15 zone allows 3-foot side yard setbacks, staff believes the reduced PUDI easement is warranted and recommends approval of the plat note#2 as proposed by the applicant. IV. DECISION A. Staff: Staff recommends approval of the proposed final plat modification based on the analysis above in Section III. V. EXHIBITS A. Approved Final Plat POIEMA SUBDIVISION BOOK r tr ,PAGE le.ta LOCATED IN THE NE 114 OF THE NW 1A OF SECTION 4,TOWNSHIP 2 NORTH,RANGE 1 EAST,B.M. CITY OF MERIDIAN,ADA COUNTY,IDAHO LEGEND 2023 �, .. ---- g' •\ ,`1+`'�m�\�� �� v _ x fo` 3 F,T-``iixF.SEE xOiEi,E ® NOTES Z11 X\'; Y \ r ' L \ �x EASEMENT DETAIL ,� „w.m ox�f u,w xwus xnu euwxx aw ® � LI V111\•\`� _ SHEET s OF a FOR BLOCK,OErna SURVEYOR'S NARRATIVE Lan Solu#ions rrAs oeuirmm R,ousuirvmm�eam w� 8,® 17 ': �Land Surveying and Consulting oprtxaunw eeicna ooxrrtRxenmm��uunoxrrtou raxoRo n �� w� P1s„' '9W z9,e.sm .e.E.• oF xvsxr_rx�.amx,.es.,ew,xwx,E"9°'�ceurxouwmuroxlpeairc •��""~`"'"mv`�t �em^n�-o..n e ��r M.� ixelz�rw�"v:°�measn aoor��n a� I�eon oni.�ccF�oro iErnewx rHEeo,wlorar raR�xi® mrsaex ss., .... ,a m R 'EEO SHEET 1 OF 4 Page 2 B. Amended Final Plat with Revised PUDI Easement POIEMA SUBDIVISION-AMENDED BOOK PAGE LOCATED IN THE NE 114 OF THE NW 114 OF SECTION 4,TOWNSHIP 2 NORTH,RANGE 1 EAST,B_M_ CITY OF MERIDIAN,ADA COUNTY,IDAHO LEGEND 2023 2-1 b NOTES nrn- m EASEMENT DETAIL rmmsr+aF 1b, SURVEYORSNARRATWE an olutions Land Surveying and Consulting w nel�S1S1.m—. se siwsw�`arzc5 111 amine:" w mimo-usr I a SHEET 1 OF 4 Page 3 VI. CITY/AGENCY COMMENTS A. Boise Project Board of Control https:llweblink.meridianciU.oL-glWebLinkIDocView.aspx?id=232675&dbid=0&repo=MeridianC hty B. Central District Health(CDH) https:llweblink.meridianciU.oL-glWebLinkIDocView.aspx?id=252672&dbid=0&repo=MeridianC hty C. Idaho Department of Environmental Quality(IDEQ) https:Ilweblink.meridianciU.org/WebLink/Doc View.aspx?id=232711&dbid=0&repo=Meridian C ky Page 4 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval of Blanket Purchase Order#24-0081 to Ferguson Enterprises for FY24 Sensus Water Meters and Related Equipment for the Not-To-Exceed Budget Amount of $1,084,949.00 C� fIEN MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts, Procurement Manager Meeting Date: November 14, 2023 Presenter: Consent Estimated Time: 0.00 Topic: Approval of Blanket Purchase Order#24-0081 to Ferguson Enterprises for FY24 Sensus Water Meters and Related Equipment for the Not-To-Exceed Budget Amount of$1,084,949.00. Recommended Council Action: Approval of Blanket Purchase Order. Background: This Purchase Order is issued in conjunction with the current Sole Source with Ferguson Enterprises. (:�4`WEDIANI."_*�Nio) Purchase Order 11/14/2022 24-0081 Attention: Dennis Teller CITY OF MERIDIAN Billing Attn: Finance 33 Ave 33 EAST BROADWAY AVE. Meridian,Bro IDa Address: 83642 MERIDIAN,ID 83642 (208) 888-4433 Shipping City of Meridian Vendor Address: Address: Water Department 2235 NW 8th FERGUSON ENTERPRISES, LLC (FEIN 54-1 21 1 771) Meridian, ID 83646 FERGUSON WATERWORKS#1701 PO BOX 802817 Shipping Method: Truck CHICAGO, IL 60680-2817 pp g FOB: Destination Pre-Paid Description Unit Quantity Unit Price Total 24-0081 Water Meters& Related Equipment FY24 Dollar 1.00 1,084,949.00 1,084,949.00 Purchase Order Total: $1,084,949.00 Purchasing Manager: Special Instructions Water Meters & Related Equipment FY24 Per Executed Ferguson Sole Source dtd. 12/16/14, Letter and Council Approval 11/14/2023 Not-To-Exceed $1,084,949.00 (60-3410-52450) Ticket# 103138 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval of Sole Source for Backflow Assembly Device Testing by Pacific Backflow, LLC. C� f1E RIDIA4, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Darren Brasseur Meeting Date: 11/14/2023 Presenter: N/A Estimated Time: N/A Topic: Approval of Sole Source for Pacific Backflow, LLC Recommended Council Action: Approval of Sole Source for the purchased services of Backflow Assembly Device Testing from Pacific Backflow, LLC. It has been determined that competitive solicitation is impractical, disadvantageous or unreasonable under the circumstances. Background: Pacific Backflow, LLC has historically been the sole vendor to submit a bid for this Testing. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval of Sole Source for Generator Maintenance and Repair, and Generator Load Testing Services by Power Systems West C� f1E RIDIA4, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Darren Brasseur Meeting Date: 11/14/2023 Presenter: N/A Estimated Time: N/A Topic: Approval of Sole Source for Power Systems West Recommended Council Action: Approval of Sole Source for the purchased services of Generator Maintenance and Repair, and Generator Load Testing from Power Systems West. It has been determined that competitive solicitation is impractical, disadvantageous or unreasonable under the circumstances including where the compatibility of equipment, components, accessories, computer software, replacement parts or service is the paramount consideration. Background: Power Systems West has historically been the sole vendor to submit a bid for these Generator Maintenance and Repair, and Generator Load Testing Services. E IDIAN.;--- AGENDA ITEM ITEM TOPIC: Department Reports E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Discussion of Proposed New Park Fees Mayor Robert E. Simison City Council Members: C�e f IDLIAtN1 Joe Borton John Overton Liz Strader Jessica Perreault H Brad Hoaglun Luke Cavener November 61h, 2023 MEMORANDUM TO: Mayor Robert Simison & Councilmembers FROM: Garrett White, Recreation Manager, MPR Dept. RE: New Proposed Park Fees Background The Parks& Recreation Department reviews department fees throughout the year to assure fees are aligning with the departments cost recovery philosophy. During the review in recent months, the Tennis-Pickleball Court Hourly Reservation fee of$2.50 per hour per court was not covering costs associated with making a reservation. Along with this proposed increase,there are two new proposed fees. The new proposed fees will cover the costs of equipment, staff time associated with any repairs, and staff time associated with the reservation process. Below is an explanation of each of the new proposed fees along with the proposed increase; • Ballfield Prep Closet- proposed fee of$50 per day($53 after tax);This fee is proposed due to past requests from tournament organizers for field equipment and chalk for games and or tournaments. Due to the past requests and now that we have a tournament complex,we anticipate similar requests for future tournaments at Discovery Park. The closet will include bags of chalk, rakes,field drag, chalker, batter's box template, and a string line. The proposed fee of$50 per day will pay for the replacement of chalk, equipment repairs, and ultimately equipment replacement when needed. The fee also accounts for staff time to inventory and stock the closet as needed. • Ballfield Temporary Fencing- proposed fee of$50 per field per day($53 after tax); Similar to the above proposal,temporary fencing has been requested in the past from tournament organizers or coaches trying to schedule games for youth and seniors. The proposed fee will pay for the installation, removal, repairs, and ultimately replacement when needed. Temporary fencing is typically used to bring the fence distance from Homeplate from 300'to 200'for youth or senior play. • Tennis-Pickleball Court Hourly Reservation Fee—Proposed to increase from $2.50 per hour($2.65 after tax)to$4.72 per hour($5.00 after tax);The current fee of$2.50 per hour has been in place for over 10 year now. With recent cost increases, it is proposed to increase this fee due to staff costs associated with reservation reporting and staff time it takes to update reservation boards onsite. Proposal To discuss and provide feedback on the three proposed fees. If Council is in favor of bringing these fees back for a public hearing,these fees will be brought back within a few weeks for discussion in a public hearing. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Public Hearing for Proposed Winter/Spring 2024 Fee Schedule of the Meridian Parks and Recreation Department PUBLIC HEARING SIGN IN SHEET DATE: November 14, 2023 ITEM # ON AGENDA: 11 PROJECT NAME: Proposed Winter/Spring 2024 Fee Schedule of the Meridian Parks and Recreation Department Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN,pursuant to the ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at 4:30 p.m. on Tuesday, November 14, 2023, at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, regarding proposed new and amended fees as set forth below. Further information is available at the Parks & Recreation Department at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho. Any and all interested persons shall be heard at the public hearing. Written testimony is welcome; written materials should be submitted to the City Clerk. All testimony and materials presented shall become property of the City of Meridian. For auditory, visual, or language accommodations, please contact the City Clerk's Office at (208) 888-4433 at least 48 hours prior to the public hearing. Proposed new or amended fees: EXHIBIT A 2024 Winter/Spring Winter/Spring Activity Guide Class Fees: Motions Dance/Tumbling $15 - $20 Starting New at Golf(SNAG) $80.00 Skyhawk Sports $69.00 - $79.00 Amazing Athletes $78.00 Little Pallet Art Classes $25.00 - $100.00 Martial Arts for All Ages, Beginning& Intermed. /Advanc. $45.00 Kendo: Japanese Fencing $70.00 Introduction to the Sport of Fencing $120.00 Belly Dance $60.00 - $95.00 Bigfoot Cartooning &Anime Classes $18.00 Yoga $10.00 - $70.00 Jazzercise $25.00 - $150.00 Pickleball 101 $80.00 Line Dancing $28.00 - $120.00 Tuesday Social Dancing $40.00 - $188.00 Digital Photography $75.00 Advanced Photography $75.00 Adult Day Trips $10.00 - $100.00 Art Fun with Miss Laura $25.00 - $50.00 Copperplate Calligraphy $80.00 Girls Fastpitch Softball Tournament Team Fee $542.45 Senior Night League Player Fee $80.91 Senior Night League between Memorial Day-July 1 $70.75 Senior Night League After July 1 $47.17 Senior Morning League Player Fee $61.32 Senior Morning League between Memorial Day-July 1 $51.89 Senior Morning League after July 1 $37.74 Senior Designated Substitute Player $80.91 Tennis/Pickleball Courts Hourly Reservation $4.72 Ballfield Prep Closet(per day,per site) $50.00 Ballfield Temporary Fencing(per field, per day) $50.00 DATED this 291h day of October, 2023. Chris Johnson, CITY CLERK PUBLISH on October 29 & November 5. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Resolution No. 23-2424: A Resolution Adopting the Winter/Spring 2024 Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 23-2424 BY THE CITY COUNCIL: BORTON,CAVENER,HOAGLUN, OVERTON PERREAULT, STRADER A RESOLUTION ADOPTING NEW FEES OF THE MERIDIAN PARKS AND RECREATION DEPARTMENT; AUTHORIZING THE MERIDIAN PARKS AND RECREATION DEPARTMENT TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, following publication of notice in the Meridian Press on October 29, 2023 &November 5, 2023, according to the requirements of Idaho Code section 63-1311A, on November 14, 2023 the City Council of the City of Meridian held a hearing on the adoption of proposed new fees of the Meridian Parks and Recreation Department, as set forth in Exhibit A hereto; and WHEREAS, following such hearing, the City Council,by formal motion, did approve said proposed new fees of the Meridian Parks and Recreation Department; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN,IDAHO: Section 1. That the 2024 Winter/Spring Fee Schedule of the Meridian Parks and Recreation Department, as set forth in Exhibit A hereto, is hereby adopted. Section 2. That the fees adopted for the 2024 Winter/Spring Activity Guide shall remain in effect as to those classes until such classes are concluded, at which point the fees set forth in Exhibit A hereto shall supersede any and all fees for the enumerated services previously adopted. Section 3. That the Meridian Parks and Recreation Department is hereby authorized to implement and carry out the collection of said fees. Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 14th day of November 2023. APPROVED by the Mayor of the City of Meridian, Idaho, this 141h day of November 2023. APPROVED: Robert E. Simison, Mayor ATTEST: Chris Johnson, City Clerk ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS&RECREATION DEPARTMENT CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN,pursuant to the ordinances of the City of Meridian and the laws of the State of Idaho, that the City Council of the City of Meridian will hold a public hearing at 4:30 p.m. on Tuesday, November 14, 2023, at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, regarding proposed new and amended fees as set forth below. Further information is available at the Parks & Recreation Department at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho. Any and all interested persons shall be heard at the public hearing. Written testimony is welcome; written materials should be submitted to the City Clerk. All testimony and materials presented shall become property of the City of Meridian. For auditory, visual, or language accommodations, please contact the City Clerk's Office at (208) 888-4433 at least 48 hours prior to the public hearing. Proposed new or amended fees: EXHIBIT A 2024 Winter/Spring Winter/Spring Activity Guide Class Fees: Motions Dance/Tumbling $15 - $20 Starting New at Golf(SNAG) $80.00 Skyhawk Sports $69.00 - $79.00 Amazing Athletes $78.00 Little Pallet Art Classes $25.00 - $100.00 Martial Arts for All Ages, Beginning& Intermed. /Advanc. $45.00 Kendo: Japanese Fencing $70.00 Introduction to the Sport of Fencing $120.00 Belly Dance $60.00 - $95.00 Bigfoot Cartooning &Anime Classes $18.00 Yoga $10.00 - $70.00 Jazzercise $25.00 - $150.00 Pickleball 101 $80.00 Line Dancing $28.00 - $120.00 Tuesday Social Dancing $40.00 - $188.00 Digital Photography $75.00 Advanced Photography $75.00 Adult Day Trips $10.00 - $100.00 Art Fun with Miss Laura $25.00 - $50.00 Copperplate Calligraphy $80.00 Girls Fastpitch Softball Tournament Team Fee $542.45 Senior Night League Player Fee $80.91 Senior Night League between Memorial Day-July 1 $70.75 Senior Night League After July 1 $47.17 Senior Morning League Player Fee $61.32 Senior Morning League between Memorial Day-July 1 $51.89 Senior Morning League after July 1 $37.74 Senior Designated Substitute Player $80.91 Tennis/Pickleball Courts Hourly Reservation $4.72 Ballfield Prep Closet(per day,per site) $50.00 Ballfield Temporary Fencing(per field, per day) $50.00 DATED this 291h day of October, 2023. Chris Johnson, CITY CLERK PUBLISH on October 29 & November 5. w IDIAN� AGENDA ITEM ITEM TOPIC: Solid Waste Program Recommended Changes to Bulky Items Pickup Program C�/((IER IDIAN �AHO MEMO TO CITY COUNCIL Request to Include Topic on the City Council Workshop Agenda From: Laurelei McVey, Public Works Meeting Date: November 14, 2023 Presenter: Laurelei McVey, Public Works Est Time: 15 Min Topic: Solid Waste: Improvements to Bulky Item Pickup Program The Public Works Department is recommending a change to improve the bulky item pickup process for our residents. Bulky items are items that are too large to fit in a standard curbside trashcan such as non- freon appliances, mattresses, chairs, and couches,just to name a few. Currently the City offers two opportunities for residents to schedule to have these items picked up for free throughout the year. Once during Extra Trash Week(last week of December) and once during Spring Cleanup (first week in May after Trash or Treasure Event). Residents currently have to call and schedule these pickups in advance, but can have up to 7 large items removed for free. Additional bulky item pickups can be scheduled throughout other times of the year with Republic Services; however, it is at a cost to the resident. Due to the growing success of these programs and the growing size of our community, there is now too much demand to efficiently manage these pickups during the one-week period. Public Works staff worked with Republic Services to evaluate and propose a program enhancement. Under the new program, every year each resident will be given 10 free bulky item pickups to be scheduled with Republic Services anytime throughout the year. This will add flexibility and convivence for our residents. The year-round bulky item pickup program will replace the Extra Trash Week and the Spring Cleanup week. However, this program change will not impact other events like Trash or Treasure, Christmas Tree Recycling, and Rake Up the Fall which will still occur and offer residents additional free opportunities to divert these items from the normal trash stream. This program change will not result in a cost increase to the City from Republic Services. Questions related to this agreement should be directed to Laurelei McVey, Public Works, lmcvey@meridiancity.org, 208-985-1259. Solid Waste:November 2023Public Works Bulky Item Program Improvement Current SW Program Elements Drop OffBicycle Recycle A RecyclingLight Holiday HHWGlassBottlesWater Squishy OpportunitiesYear Round (Leaf Pick Up)Fall Recycle the RecyclingTree Christmas WeekExtra Trash Clean UpSpring MeridianRake Up TreasureTrash or Current SW Program Elements Drop OffBicycle Recycle A RecyclingLight Holiday HHWGlassBottlesWater Squishy OpportunitiesYear Round (Leaf Pick Up)Fall Recycle the RecyclingTree Christmas WeekExtra Trash Clean UpSpring MeridianRake Up TreasureTrash or Bulky Items & Extra Overflow Trash Pickup personal containers, or bundles (no lose items)contained in trash bags, -Smaller extra trash items•Extra Overflow Trash•debrisbathtubs, hot tubs, pianos, HHW, construction & demo Freon appliances (extra fee), tires, car parts, boats, •Not Accepted:•trees, mattresses, water heaters, washing machinesAppliances, tables, chairs, couches, fake Christmas •Examples: •trash cartBulky items are items too large to fit inside a • Current Program No charge to City•No charge to customers for accepted bulky items•Allowed 7 bulky items & 10 small overflow items•Must schedule bulky pickup online with City’s Solid Waste Coordinator•Spring Cleanup (First Week of May, after Trash or Treasure)•Must call & schedule bulky pickup with Republic Services•Extra Trash Week (Last Week of Dec)• Spring Cleanup & Winter Extra Trash Items Scheduled for Pick Up Spring Cleanup 20232022202170006000500040003000200010000 573532431531 Extra labor for RS•Frustration from customers•Delays•one weekToo large to efficiently handle in •and are growing!Programs have been a success, • Proposed Program Enhancement Servicesand Republic Residents, City, A Win For TreasureTrash or Key Events Like Doesn’t Impact ManageEasier to Operationally ResidentsFlexibility for Added Convenience & No cost to residents or City•Increase participation•More convenient for residents•Schedule with Republic Services anytime throughout the year•10 bulky & overflow item pickups for free each year•Year Round Bulky Item Pickup• Enhanced Program Elements PickupItem Free Bulky BicycleRecycle A RecyclingLight Holiday HHWGlassBottlesSquishy Water OpportunitiesYear Round (Leaf Pick Up)Fall Recycle the RecyclingTree Christmas WeekExtra Trash Clean UpSpring MeridianRake Up TreasureTrash or Next Steps Utility Bill Insert•Social Media•Republic Calendar Magnets•Website•Outreach & Communications Plan•New Program Starts in January 2024•Memorialize Change in SW Resolution (replaces existing resolution)•Last Week of December 2023-Still have Extra Trash Week the year• V IDIAN� AGENDA ITEM ITEM TOPIC: Resolution 23-2425: A Resolution Accepting the Donations of Services and Programming Offered by Republic Services of Idaho: Updating Republic Services' Address for Notice Under the Solid Waste Collection and Disposal Services Franchise Agreement; Superseding Sections 2 and 3 of Resolution 12-844, as well as Exhibit A and the Addendum Thereto; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 23-2425 BY THE CITY COUNCIL: BORTON, CAVENER, HOAGLUN, OVERTON, PERRAULT, STRADER A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, ACCEPTING THE DONATIONS OF SERVICES AND PROGRAMMING OFFERED BY REPUBLIC SERVICES OF IDAHO; UPDATING REPUBLIC SERVICES' ADDRESS FOR NOTICE UNDER THE SOLID WASTE COLLECTION AND DISPOSAL SERVICES FRANCHISE AGREEMENT; SUPERSEDING SECTIONS 2 AND 3 OF RESOLUTION NO. 12- 844, AS WELL AS EXHIBIT A AND THE ADDENDUM THERETO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by sections 1 and 4 of City of Meridian Resolution no. 12-844, and pursuant to Article 15 of the Solid Waste Collection and Disposal Services Franchise Agreement, executed by the City on January 18, 2000, via Resolution no. 285 ("Franchise Agreement"), the City accepted the assignment of the Franchise Agreement to Republic Services of Idaho ("Republic Services"), and since April 1, 2012, Republic Services has operated a solid waste collection and disposal service in Meridian pursuant to the Franchise Agreement; WHEREAS, since April 1, 2012, Republic Services has partnered with the City to provide donated services and programming for the benefit of the community, including those enumerated in section 2 of City of Meridian Resolution no. 12-844 and the exhibit and addendum thereto, and the City and Republic Services seeks to renew and update the list of services and programming donated to or provided in partnership with the City; WHEREAS,the City Council of the City of Meridian finds that Republic Services' contributions of services and programming over the years have enhanced the Meridian community's quality of life, provided educational opportunities for our citizens, and contributed to making Meridian a premier place to live, work, and raise a family; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN CITY,IDAHO: Section 1. That the City gratefully accepts and appreciates the donations and spirit of partnership extended by Republic Services to date, and acknowledges Republic Services' commitment to continuing to perform under the terms and conditions of the Franchise Agreement provide the donated services and programs listed in Exhibit A hereto. Section 2. That the City shall direct any future notice under the Franchise Agreement to: Republic Services of Idaho 11101 W Executive Drive Boise, ID 83713 208-685-7753 RESOLUTION UPDATING DONATED SERVICES&PROGRAMMING-REPUBLIC SERVICES OF IDAHO PAGE I Section 3. That this Resolution shall supersede sections 2 and 3 of Resolution no. 12-844, as well as Exhibit A and the Addendum thereto. Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 14th day of November, 2023. APPROVED by the Mayor of the City of Meridian, Idaho, this 14th day of November, 2023. APPROVED: ATTEST: By: Robert E. Simison, Mayor Chris Johnson, City Clerk RESOLUTION UPDATING DONATED SERVICES&PROGRAMMING-REPUBLIC SERVICES OF IDAHO PAGE 2 EXHIBIT A: DONATED SERVICES AND PROGRAMS Service Type Location Name Address Public Trash&Recycling Meridian Downtown Trash and Meridian Downtown Corridor Collection Service: Recycling Street Cans Trash&Recycling Service for Meridian Chamber of 215 E Franklin Rd, Meridian City Owned Facilities &Land: Commerce Meridian Water Department 2235 NW 8th St, Meridian Meridian Waste Water Plant 3401 N Ten Mile Rd, Meridian Meridian City Hall 33 E Broadway Ave, Meridian Meridian Parks Maintenance 1700 E Lanark St, Meridian Facility Meridian Community Pool 213 E Franklin Rd, Meridian Lakeview Golf Course 4200 W Talamore Blvd, #1, Meridian Meridian Homecourt 936 Taylor Ave, Ste. 104, Meridian Meridian Community Center 201 E Idaho Ave, Meridian Meridian Fire Safety Center 1901 E Leigh Field Dr, Meridian Trash &Recycling Service for All Meridian City Parks N/A City Parks: Trash&Recycling Service for All Meridian City Fire Stations N/A City Fire Stations and Police and Police Buildings Buildings: Trash&Recycling Service for Boys & Girls Club of Ada 911 N Meridian Rd, Meridian Legacy Non-Profits: County Meridian Lions Club Rodeo 6054 W Cherry Ln, Meridian Meridian Fire Dept. Salmon Kleiner Park Feed BBQ Dairy Days Storey Park and Parade Route Meridian Optimist Christmas 335 S Main St, Meridian Tree Lot RESOLUTION UPDATING DONATED SERVICES&PROGRAMMING-REPUBLIC SERVICES OF IDAHO PAGE 3 Programs: 1. Recycling Revenue Funds 2. Household Hazardous Waste Collection Program 3. Christmas Tree Collection-First full week of January after January 1 st, collect Christmas trees placed at curbside from residential households. 4. Bulky Item Collection—Residential households will receive 10 free bulky item curbside pickups per calendar year. Appliances containing FreonTM are not included in this free service. 5. Fall Leaf Collection-Minimum 3 weeks of curbside and drop off leaf collection intended for residential households. 6. Reports -Monthly, quarterly, and annual reports sent to the City. 7. Sharps Container Program-Free container and drop off disposal (this program is dependent on available vendor). 8. Curbside Motor Oil Collection—Collection from residential households. Limit of 2 gallons per week. 9. Collection of Illegally Discard Solid Waste - Republic Services will work with Meridian Code Enforcement to collect illegally dumped solid waste on public lands. 10. Bio-solids Hauling Special Program 11. Solid Waste Containers - Maintain quality of residential and commercial solid waste containers. 12. Solid Waste Advisory Commission- Dedicated ex officio member. RESOLUTION UPDATING DONATED SERVICES&PROGRAMMING-REPUBLIC SERVICES OF IDAHO PAGE 4 W IDIAN� AGENDA ITEM ITEM TOPIC: Fiscal Year 2024 Budget Amendment in the Amount of$800,970.00 for the Hunter Lateral Relocation Project 11/8/2023 1:40 PM City of Meridian FY2024 Budget Amendment Form Personnel Costs Full Time Equivalent(FTE): Fund# Dept.# GILh Proj.if G/L#Description Total E 01 1840 1840 41200 11404 Wages 01 1840 41206 11404 PT/Seasonal Wages 01 1840 41210 11404 Overtime Please only complete the fields highlighted 01 1840 41304 11404 Uniform Allowance in Orange. 01 1840 42021 11404 FICA S Amendment Details 01 1 1840 42022 1 11404 IPERSI I S Title: Hunter Lat.Relocation-NE 3rd,Broadway to Idaho 01 1 1840 42024 11404 Worker's Comp $ Department Name: Other Government 01 1840 42025 1 11404 lEmoloyee Insurance $ Presenting Department Name: Other Government Total Personnel Costs $ Department#: 1840 Operating Expenditures Primary Funding Source: 1 Fund# Dept.4 G/L# Proj.# GIL0,Description One-Time On-Going Total CIP#: 01 1840 80150 11404 Development Expense S 800.970 S 800,970 Project#: 11404 01 1840 11404 $ 01 1840 11404 $ Is this for an Emergency? ❑ Yes 2 No 01 1840 11404 S New Level of Service? ❑ Yes ❑� No 01 1840 11404 S 01 1840 1 11404 $ Clerks Office Stamp 01 1840 11404 $ 01 1840 11404 S 01 1840 11404 $ 01 1840 11404 $ 01 1840 11404 $ 01 1840 11404 S 11-14-2023 01 1840 11404 $ Date of Council Approval Total Operating Expenditures $ 800,970 $ $ 800,970 Capital Outlay Fund# Dep-4 G/LP Pfaj.# G/L#Descriptiori Total Acknowledgement Date 01 1840 11404 01 1840 11404 / 11/8/2023 01 1840 11404 Department Director 01 1840 11404 REVIEWED jfleldS 11.$.23 01 1840 11404 By Todd Lamle at 3:30 pm,Nov 08,2023 01 1840 11404 Chief Financial Officer Total Capital Outlay $ Revenue/Donations 11C, 91 x Fund# Depr.P G/L# Prcj.# G/L#Description Total Council Liaison Ol 1 1840 1 1 11404 of 1840 11404 Approved Robert Simison via email 11.9.23 01 1 1840 11404 1 Mayor Total Revenue/Donations $ Total Amendment Request $ 800,970 11/8/2023 1:40PM 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: Other Government Funding 2024 2025 2026 2027 2028 Title: Hunter Lat.Relocation-NE 3rd,Broadway to Idaho Personnel $ - $ $ $ $ Instneduns for Submitting Budget Amendments: Operating $ 800,970 $ $ $ $ D Department will send Amendment with Directors sionature to Finance(Budget Manager}for review Capital $ - $ - D Finance will send Amencment to Courcil Lia son fc sigratire Total $ - $ 800,970 $ - $ - $ - $ ➢Council Liaison will send signed Amendment to Mayor Total Estimated Project Cost: $ 800,970 ➢ Mayorwill 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. ➢ Departraent will add copy of Amendment to Council Agenda using Munlcode Agenda Manager 1. Describe what is being requested? This will replace the no cost budget amendment that was approved on 8/22/2023.Meridian Caddis,LLC did not move forward with the Funding Agreement.The City needs to reimburse them for the architectural and civil engineering drawings per the amended Memorandum of Agreement.The City would like to move ahead with this project.We will be paying for the construction and the design engineer's services during construction. 2. Why was this budget request not submitted during the current fiscal year budget cycle? The original plan was to have the developer(Meridian Caddis),who was going to construct the redevelopment project,do the work and pay for the relocation of the lateral.However,the City will now perform the role of managing the project,and paying the contractor directly. 3. What is the explanation for not submitting this budget request during the next fiscal vear budget c cle? This project is ready to be constructed this winter.Waiting for the normal budget cycle would not provide the upgrades in a timely manner and would incur the additional time and expense to re-bid the project. We recieved one favorable bid for this project and risk losing it if we wait. 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. This project will be funded entirely from the General Fund. 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? This aligns with the City's strategic plan to facilitate redevelopment of the downtown area. 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.Public Works will manage the project.MDC will be responsible for the maintenance of the relocated portion of the Hunter Lateral.The City will take over those responsibilities once the Urban Renewal District sunsets.A City department will need to handle this in the future. 7.Does this Amendment include any needed Equipment or Software that will utilize the Cit 's network? Yes or 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 $ 800,970 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 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 F:\Budget\FY2024\FY2024 Amendments\1.Pending Amendments\FY2024 Budget Amendment Form_OG_Hunter Lateral Relocation—Revised Ma or Robert E. Simison E IDIAN� City Council Members Joe Borton John Overton A H Q Liz Strader Jessica Perreault Public Works Brad Hoaglun Luke Cavener Department TO: Mayor Robert E. Simison Members of the City Council FROM: Jared Hale Engineering Project Manager DATE: 11/7/2023 SUBJECT: BUDGET AMENDMENT IN THE AMOUNT OF $800,970 FOR THE HUNTER RELOCATION PROJECT REQUESTED COUNCIL DATE: 11/14/2023 I. RECOMMENDED ACTION A. Move to: 1. Approve the Hunter Lateral Relocation Budget Amendment for $800,970. 2. Authorize the Mayor to sign the amendment II. DEPARTMENT CONTACT PERSONS Jared Hale, Engineering Project Manager 208-489-0370 Clint Dolsby—Assistant City Engineer 208-489-0341 Warren Stewart, City Engineer 208-489-0350 Laurelei McVey, Director of Public Works 208-489-0365 III. DESCRIPTION A. Background The Meridian Development Corporation (MDC) in cooperation with the City issued a Request for Proposals(RFP)seeking proposals from interested parties for the redevelopment of the Civic Block property containing parcels owned by MDC and the City. River Caddis Development, LLC submitted a proposal and was Page 1 of 3 selected by MDC and the City subject to certain contingencies and entered into a Memorandum of Agreement. The City and MDC since amended the agreement to have the City manage construction of the Hunter Lateral Relocation and be reimbursed by the developer. B. Reason for Amendment River Caddis Development,LLC has chosen to not move forward with the project. Due to the favorable construction bid and the work eventually needing to be performed in the future, the City and MDC propose to move ahead with the relocation work. This amendment will replace the no-cost budget amendment that was approved on 8/22/2023. Meridian City will be paying for the construction and the design engineer's services during construction and the City will reimburse River Caddis for the architectural and civil engineering drawings per the amended Memorandum of Agreement. IV. IMPACT A. Strategic Impact: This aligns with the City's strategic plan to facilitate redevelopment of the downtown area by making the Civic Block more attractive to redevelop. C. Fiscal Impact: Project Costs: --------------------------------------------------------------------------------------------------------- Fiscal Year 2024 River Caddis Reimbursement $92,016.97 ---------------------------,-------- Construction Contract $617,502.99 -------------------------------------------A------------------------------ ----------------------------- Services During Construction i $14 000 --------- ---- --------------------------------------------- - -- -- Historic Street Lights $13,000 Reinstallation ----------------------------------- ------------------------- ----- -- ---- $ ; 1 Contingency 64 450.04 --------- ------------------------------ --------------------------;---------------------------------; Total Project Cost $800,970 V. ALTERNATIVES MDC and the City could reject the current bid and issue another Request for Proposals to a new round of applicants. If this course is taken the project could potentially cost more and some sunk costs would be incurred. Page 2 of 3 VI. TIME CONSTRAINTS Nampa-Meridian Irrigation District only allows construction on their facilities between November and March. Waiting to approve this budget amendment risks missing the construction window. It also risks the City losing a favorable bid for this project. VII. LIST OF ATTACHMENTS Memorandum of Agreement(MOA)between River Caddis, MDC, and the City Amendment to the MOA between River Caddis, MDC, and the City Hunter Lateral Relocation Bid Results 11/8/2023 Approved for Council Agenda: Page 3 of 3 Hunter Lateral Relocation NOVEMBER 14, 2023 Site * All measures approximate40’ x 258’•Lateral Easement•23,560 sq. ft.•MDC owned land•34,196 sq. ft.•City owned land•Overview* Lateral* All measures approximateNearly 20% Impact•10,316 sq. ft.•Lateral Easement•53,421 sq. ft.•RC Development•Impacts* RELOCATE Construction TimingDevelopment RestrictionDevelopment DelayUncertain ProspectsHigher Costs LikelyMDC Reimbursement New Bid ProcessPossible Developer LedConsPros HOLD Idaho Ave CoordinationFavorable BidReadily AvailableImproved AssessmentMDC ReimbursementConstruction TimingUnencumbered LandInvestmentUpfront Capital Updated InfrastructureConsPros Budget & Contract Approval NLT Jan., 202460 days90 daysMarch 2024 Irrigation TimelineProject CompletionConstruction WindowNotice to Proceed E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Purchase and Sale Agreement Between City of Meridian and River Caddis Development, LLC Concerning Plans for the Hunter Lateral Relocation Project Mayor Robert E . Simison City Council Members : E IDIAN ....... Joe Borton John Overton Liz Strader Jessica Perreault Brad Hoaglun Luke Cavener November 15, 2023 John McGraw, President Meridian Caddis, LLC/ River Caddis Development, LLC 1038 Trowbridge Road East Lansing, Michigan 48823 Ashley Squyres Meridian Development Corporation 104 E . Fairview Ave . # 239 Meridian , Idaho 83642 Dear Mr. McGraw and Ms . Squyres : The City of Meridian ( " City" ) , the Meridian Development Corporation ( " MDC" ) , and Meridian Caddis, LLC ( " Meridian Caddis" ) ( collectively the " Parties" ) entered into that certain " Memorandum of Agreement Civic Block Development Proposal" ( " MOA" ) dated April 12 , 2022 , and that certain " First Amendment to Memorandum of Agreement Civic Block Development Proposal " ( " First Amendment" ) dated April 18, 2023 . Under Section 2 of the First Amendment, if the Parties fail "to agree upon the budget, Funding Agreement, and timeline for the relocation of the Hunter Lateral by November 1, 2023 , then any Party may thereafter terminate the MOA" by providing written notice . The Parties failed to agree upon a budget, Funding Agreement, and timeline for the relocation of the Hunter Lateral by November 1, 2023 . Additionally, Meridian Caddis has notified the City and MDC that it is unable to proceed with its original development plans for the Civic Block due to changing economic conditions . Given these facts, the City is exercising its right to terminate the MOA . This letter shall serve as the City' s seven -day termination notice , as required by Section 2 of the First Amendment . Sincerely, Robe t E . S ' ison Mayor PURCHASE AND SALE AGREEMENT CONCERNING PLANS FOR THE HUNTER LATERAL RELOCATION PROJECT This PURCHASE AND SALE AGREEMENT CONCERNING PLANS FOR THE HUNTER LATERAL RELOCATION PROJECT ("Agreement") is made on this_ day of ("Effective Date"), by and between River Caddis Development, LLC, a Michigan limited liability company, whose business and mailing address is 1038 Trowbridge Road, East Lansing, Michigan 48823 ("River Caddis"), Meridian Caddis, LLC, a Michigan limited liability company, whose business and mailing address is 1038 Trowbridge Road, East Lansing, Michigan 48823 ("Meridian Caddis"), and the City of Meridian, a municipal corporation established under the laws of the State of Idaho, whose business and mailing address is 33 E. Broadway Avenue, Meridian, Idaho 83642 ("City"). River Caddis, Meridian Caddis, and the City may be referred to herein individually as a"Party"or collectively as the "Parties." WHEREAS, River Caddis, as the exclusive beneficial licensee, has an ownership interest ("Ownership Interest") in the plans, specifications, and related work concerning the Hunter Lateral Relocation project("Plans"), as partly depicted in Exhibit A, which is attached hereto and incorporated herein; and, WHEREAS, River Caddis granted a limited license to the City on August 4, 2023, to utilize the Plans to solicit bids for the Hunter Lateral Relocation project; and, WHEREAS, River Caddis and Meridian Caddis will not participate in the construction of the Hunter Lateral Relocation project due to changing economic conditions; and, WHEREAS, the City wishes to purchase River Caddis' Ownership Interest in the Plans so that the City may, at its option, proceed with the construction of the Hunter Lateral Relocation project; and, WHEREAS, River Caddis is willing to sell its Ownership Interest in the Plans to the City, subject to the terms and conditions set forth herein; and, WHEREAS, the City Council hereby declares that competitive solicitation is impractical under the circumstances, because River Caddis is the exclusive beneficial licensee of the Plans; NOW, THEREFORE, in consideration of the benefits to be received, and other good and valuable consideration,the Parties agree as follows: 1. Ownership of Plans. River Caddis represents and warrants that it has an Ownership Interest in the Plans; that River Caddis is the exclusive beneficial licensee of the Plans; that River Caddis has fully compensated or will fully compensate its consultants and sub-consultants for the Plans prior to the Effective Date; and that River Caddis is authorized to transfer its Ownership Interest in the Plans to the City for the City's use without any limitation whatsoever. Meridian Caddis represents and warrants that it does not have any ownership interest in the Plans. HUNTER LATERAL RELOCATION PROJFCT PLANS PAGE 1 2. Purchase Price. River Caddis shall, as of the Effective Date, provide its entire Ownership Interest in the Plans, including any and all rights relating thereto, to the City. The City shall timely remit full payment to River Caddis at the address listed above in the amount of ninety-two thousand sixteen dollars and ninety-seven cents ($92,016.97) once River Caddis (a) fulfills its obligations under this Section 2 and(b) submits an invoice and completed W-9 form to the City. 3. Indemnification. River Caddis and Meridian Caddis shall protect, defend, hold harmless, and indemnify the City, including its officials, officers, and employees, from and against all claims, demands, actions, suits, damages, liabilities, losses, judgments, costs, and expenses, including but not limited to reasonable attorneys' fees and costs, directly or indirectly arising out of or related to any breach of any representation or warranty by River Caddis or Meridian Caddis contained in this Agreement. 4. Term. This Agreement shall terminate after the Parties have fulfilled their obligations set forth in Section 2 above. Notwithstanding the foregoing, Section 1 and Section 3 shall survive the termination of this Agreement. 5. Notices. Whenever any notice, approval, consent, or request is given or made pursuant to this Agreement, it shall be deemed delivered three (3)business days after deposit in the U.S. mail, first-class postage prepaid, addressed to the respective Parties as set forth above. 6. Assignment.No Party shall be permitted to assign this Agreement without the express, written consent of the other Parties. 7. No agency. River Caddis, Meridian Caddis, and their employees, agents, contractors, officials, or officers shall not be considered agents of the City in any manner or for any purpose whatsoever. The City and its employees, agents, contractors, officials, or officers shall not be considered agents of River Caddis or Meridian Caddis in any manner or for any purpose whatsoever. 8. 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 a Party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. 9. Exhibits.All exhibits to this Agreement are incorporated by reference and made a part hereof as if the exhibits were set forth in their entirety in this Agreement. 10. Incorporation of recitals. The recitals set forth above are fully incorporated herein. HUNTER LATERAL RELOCATION PROJECT PLANS PAGE 2 11. Entire agreement. This Agreement contains the entire agreement of the Parties with respect to the City's purchase of the Plans and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. This Agreement may only be amended via a writing signed by the Parties hereto. 12. Applicable law. This Agreement shall be governed, construed, and enforced in accordance with the laws of the State of Idaho. Venue shall be Ada County, Idaho. 13. Severability. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, which shall continue in full force and effect. 14. Successors and assigns. All of the terms,provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each Party and their successors, assigns, legal representatives, heirs, executors, and administrators. 15. Third-party beneficiaries. This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person or entity not a party hereto. 16. Time of the essence. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 17. State of Idaho requirements. The following provisions are required by the State of Idaho. The inclusion of these provisions in this Agreement does not indicate agreement by the Parties that these clauses are relevant to the subject matter of this Agreement. Rather, these provisions are included solely to comply with the laws of the State of Idaho. a. The Parties certify that they are not currently engaged in, and will not for the duration of this Agreement engage in, a boycott of goods or services from Israel or territories under Israel's control. b. No Party is a company currently owned or operated by the government of China and will not for the duration of this Agreement be owned or operated by the government of China. 18. Multiple counterparts. This Agreement may be executed by electronic signature and/or in multiple counterparts, each of which shall be deemed to be an original,but all of which, together, shall constitute one and the same instrument. (The next page is the signature page.) HUNTER LATERAL RELOCATION PROJECT PLANS PAGE 3 IN WITNESS WHEREOF, the Parties have hereunto subscribed their signatures the day and year first herein above written. CITY OF MERIDIAN: By: Robert E. Simison. Mayor Attest: RIVER CAD DE LOPMENT, LLC: By: h cGraw, President MERIDIAN LLC: By: J n cGraw. President H UM FI-R Ln rt RM Rt i OGA 11ON PROJR T PI.AN'� P,%Gl 4 EXHIBIT A HUNTER LATERAL RELOCATION PROJECT PLANS AND SPECIFICATIONS HUNTER LATERAL RELOCATION PROJECT PLANS PAGE 5 anoas _� ag: H 3 H 1 NV1• ue�puaW 10 R3!� 'g o�� o=.:r. 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's €S` `a 3€.. 5et3 =3'a�i€4a. i i�g E � Lz �� IN LL �e ------------ s S'xs I _1 Z41 � � 3..tv it :'T 1 sg�'l7aS€s S I �F I ik t���s 51 ut F e I b I 4 c « 3 I F l 3 b_ i� I=•, 6 1 I gg I c� -- -� 1 _, 133tlISPPl1 m; _x ^ y q ' :` " -Svc 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 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 31, 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. Binding Effect. The covenants,conditions and agreements herein contained shall constitute covenants to run with,and running ning 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 MERIDIAN DEVELOPMENT CORPORATION, By: q Its: �`G STATE OF IDAHO ) )ss. County of Ada ) On this V" day of ��a beic ,2023,before me,the undersigned, a notary public in and for said state,personally appeared p,.tj,,,4 I7 L Le r known or identified to me to be the \iv C `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. (--::7 'e --4w-M Notary Public for � _ Residing atODD '�.,,�, COMMIS.LAKEY My Commission Expires: �� ..25-ZS NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 1Q/26/2= LICENSE AGREEMENT- 7 THE CITY OF MERIDIAN i By ATTE v °ass UG 6 V—) Iti 2023 c•;ty or �PX'� l0"I'�-2p23 �E IDIAN l.� '� 1�01'lt C\� �oeHo STATE IDAHO } s�� SEAL County of Ada SS: yT�ROtthe TREPSJ� On this day of } ,2023,before me,the undersi ned,a Notary Public in and for said State,personally appeare r and Ylrl Yl ,known tome to be the r and 1 G�tDrIf ,respectively, of The CITY OF MERIDIAN,the tity that executed the foregoi g 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 MA ah Residing at HzicUlan , My Commission Expires 5-,ay -o�'ll� CHAKE MAY WMM" Oli1 NOTARY PP LOX STATE OF t0AW LICENSE AGREEMENT- 8 EXHIBIT A Licensee's Properh 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' 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. 31 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. 31 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.DAVID NAVARRO 1 0018E IDAHO 031131/13 04:17 PM t DEPUTY Joanne Hooper RECORDED Pioneeroneer IIIIIIIIII Rill 11IIIIIIIIIIIIIIIIIIII Amnui r inn 103041454 A Pioneer Company PIONEER TITLE COMPANY OF ADA COLWn 821 W.State St./Boise,Idaho 83702 (208)373-3744 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 municipal corporation whose address is: 33 East Idaho,Meridian,.fb 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 lawfiil 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 ants State Bank Ems/ STATE OF IDAHO,County of Ada,ss. / On this 26th d�mary,in the year of 2003,before me the undersigned,a notary public,personal] tt 6 2 0&. appeared mrr}Grnjan known or identified to me to be the Ir �f iV.0 1/ec, of the corporate that executed the instrument or the person/persons who ex uted the instrument on behalf of said corporation,and acknowledged to me that such corporation execute same. L.Blosch ;& 0~ �O, No Public of IDAHO "Or 'Tcnr '. R idingat Boise,Idaho mmission expires: March 17,2003 A r"a GBLtC >a Op IDAa�.`°����. Exhibit A-1 , page 1 ADA COUNTY RECORDER Christopher D.Rich AMOUNT 10.00 3 SOME IDAHO 08131/11 01:16 PM RDEPUTY V1cW Allen ECORDED REQUEST OF II I I IIII II III IIIIIIII IIIII III III I I III Borton Lew 111070612 RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: Joe Borton Borton Lakey Law Offices 1310 N. Main St. Meridian,1D 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 k day of ,20_1L. Grantor: MERIDIAN DEVELOPMENT CORPORATION By: Q. J&Pipal,Chairman Quitclaim Deed—Pg. I Exhibit A-1 , page 2 STATE OF IDAHO ) )ss. County of Ada ) On this 211�tday of 20 11 , before me a notary public, personally appeared Julie Pipal,known r 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. 4 S y LOTA RA?k, y Notary ublic for I aho ? �•` Residing at: ,Idaho pU B LAG .r 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 Y.of the SW`/4 of Section 7,Township 3 North,Range 1 East,Boise Meridian,and being Lot 9 of Block 6 of the AMENDED PLAT OF TOWNSITE OFMERIDIAN as shown in Book 1 of Plats at Page 30 in the office of the Recorder, Ada County,Idaho and Lots 6,7,8,9 and 10 of Block 2 of the AMENDED PLAT OFROWAN 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 518 inch diameter iron pin marking the southeasterly corner of said Lot 10; Thence N 88°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 distance of 195.76 feet to a 5/8 inch diameter iron marking the southwesterly comer of said Lot 9 of Block 6; Thence N 0'28'34"F,along the westerly boundary of said Lot 9 of Block 6 a distance of 120.10 feet to a 518 inch diameter iron pin marling the northwesterly comer of said Lot 9 of Block 6; Thence S 88°42'46"E along the northerly boundary of said d,ot 9 of Block 6 and Lots 6,7,8.9 and 10 of Block 2 it distance of 197.62 feet to a 5/8 inch diameter iron pin marking the northeasterly corner of said Lot 10; Thence S 1121'54"W along the easterly boundary of said Lot 10 a distance of 120.11 feet to the POINT OF BEGINNING. This parcel contains 0542 acres and is subject to any easements existing or in use. Prepared by: Glenn K.Bennett,PIS �R b Civil Survey Consultants,lacorpomtad June 272 2011 F 5Qd1 4 of 0 OIL Quitclaim Deed-Pg.3 Exhibit A -1 , page 4 • WXRRANTY Deno 2517000, 76 FCC value Mveivod SAWE C. IU1 WIN, a uldar, forrrrly Y.rr.%m as &Mjyr c. f:l]Jdp, also hereirofter referred to an Crantar, dots lourb/grant, bnrrtlin, r-11, and awrwor/ant,o CM of MUDIAV hereinafter rafer•rrd to ac crarace. utwr.e cur rem ad*vrr in 33 GWA M17 -5-MM: the fol lwinq dmc ribr�d prrs:ir.Gt, to-wit: I,ot. 5 and 10, ad the lkrh 90 feet of Lot 6. 7 and 8, and Me L.irt 8.5 fact of the South 30 fact of LaG 6. ALL in Ulm* 6 of the ArrlrSal Plat of the OR CUU%L•l bectrr8 CV PURIDIAt, as sho.an an the pf f iCial plat therwf, f I lad in W&. l ct Plats at Patti Ia, off 1cial ems, Ada Oowity, Idaho. 70 HAVE AND 70 "DW the said pmnizen. with their app=tr vxm trto the said Grantee, his heirs arts a;=19nc fare-.rr. Ard the said Gr'anuar 4cp- harvW ccPim-vjt to and with the raid Crantoe, that Cra:dw is the aftr in fte M2411e Of slid prmises; that said prmises are fran rron all escumbranoc•= cmmpe current yearn taxes, levies, and a=&—t--t✓zts, and cmnpt U. S. Patont rmpxvatiaw, justrictiorr3, easmmts of rn= , and orAmwnts visible upcn the presort-. and that Grartac wilt warrant and dafcrd the rsia�- frcn all clainG tSoY.�t, Doted: Kumh _, M3. i 5 5 FIRST 1J.+ZR1CAN TITLE CO. SMTE OF ILIAID 1 '93 MR 3 PA 11 07 sL wearer OF ADA f On This r. diay of PUrch. in the year I`Pl3, Ware rye, a lk*.vy Public in and tar said state. per=olly aipwrad &MLYE e. 161i3'fSi, rrrwn or 1cir-v7tifica to me to ba the perr4m Lime ikv are sui5r:rr1brd to the within Instrawftf, am acicrovl to ac that tha/ czaytod the tame. - r iZFarj Public for Idaho ft1dUq at Mae, Idaho J O� Oxrirsic n b*ircn: bn2Y M 21, 149S 3 s KIT •A i N Jr 0. 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IGI. 1 •t --.T� (r ,,,. 4iA11i5 6y' i i l fat' �fl� ll I 1 f R = Exhibit D-1, page 12 W IDIAN� AGENDA ITEM ITEM TOPIC: Approval of Construction Contract to LaRiviere, Inc.. for the Hunter Lateral Relocation — NE 3rd Street, Broadway to Idaho project for the Not-To-Exceed amount of $617,502.00 C� fIEN MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts Meeting Date: 11/14/2023 Presenter: N/A Estimated Time: N/A Topic: Approval of Construction Contract to LaRiviere, Inc.. for the Hunter Lateral Relocation - NE 3rd Street. Broadway to Idaho project for the Not-To-Exceed amount of$617,502.00. Recommended Council Action: Approval of Construction Contract to LaRiviere, Inc. for the Hunter Lateral Relocation - NE 3rd Street, Broadway to Idaho project for the Not-To-Exceed amount of$617,502.00 and resulting Purchase Order and authorize the Procurement Manager to sign. Background: This contract is the result of Formal Bid #MYR-2328-11404. Three (3) bids were received. CONTRACT FOR PUBLIC WORKS CONSTRUCTION HUNTER LATERAL RELOCATION — NE 31d STREET, BROADWAY TO IDAHO PROJECT # 11404 THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 141"day of November, 2023, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, LaRiviere, Inc. hereinafter referred to as "CONTRACTOR", whose business address is 17564 N. Dylan St., Rathdrum ID, 83858 and whose Public Works Contractor License # is PWC-C-17425. INTRODUCTION Whereas, the City has a need for services involving Irrigation Pipe Construction; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1 .1 Contractor shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. Hunter Lateral Relocation — NE 3rd St., Broadway to Idaho page 1 of 14 11404 1 .3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not-To-Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $617,502.99. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups or material escalations. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. Hunter Lateral Relocation — NE V St., Broadway to Idaho page 2 of 14 11404 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Liquidated Damages: Substantial Completion shall be accomplished within 60 (sixty) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefitof the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this timeperiod in the amount of$500.00 (five hundred dollars) per calendar day. Suchpayment shall be construed to be liquidated damages by the Contractor in lieu ofany claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have 90 (Ninety) calendar days to complete the work as described herein. Contractor shall beliable to the City for any delay beyond this time period in the amount of $500.00 (Five Hundred Dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because ofsuch delay and not be construed as a penalty. See Milestones listed in the Payment Schedule for Substantial Completion. 5. Termination: 5.1 If,through anycause,Contractor,its officers,employees,or agents failsto fulfill in a timely and proper manner its obligations under this Agreement, violatesany of the covenants, agreements, or stipulations of this Agreement, falsifies anyrecord or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if City determines that termination of this Agreement is in the best interest of City, the City shall thereupon have the right to terminate thisAgreement by giving written notice to Contractor of such termination and specifying the effective date thereof at least fifteen (15) days before the effectivedate of such termination. Contractor may terminate this agreement at any time by giving at least sixty (60) days' notice to City. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by Contractor under this Agreementshall, at the option of the City, become its property, and Contractor shall beentitled to receive just and equitable compensation for any work satisfactorily complete Hunter Lateral Relocation — NE V St., Broadway to Idaho page 3 of 14 11404 hereunder. 5.2 Notwithstanding the above, Contractor shall not be relieved of liability tothe City for damages sustained by the City by virtue of any breach of this Agreement by Contractor, and the City may withhold any payments to Contractor for the purposes of set-off until such time as the exact amount ofdamages due the City from Contractor is determined. This provision shallsurvive the termination of this agreement and shall not relieve Contractor of its liability to the City for damages. 6. Independent Contractor: 6.1 In all matters pertaining to this agreement, Contractor shall be acting as an independent contractor, and neither Contractor nor any officer, employeeor agent of Contractor will be deemed an employee of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation ofthe personnel of the City in the performance of this agreement shall be made bythe City. 6.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 6.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 7. Sub-Contractors: Contractor shall require that all of its sub-contractors be licensed per State of Idaho Statute # 54-1901 . 8. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. Hunter Lateral Relocation — NE V St., Broadway to Idaho page 4 of 14 11404 9. Indemnification and Insurance: 9.1 Contractor shall indemnify and save and hold harmless City and it's selected officials, officers, employees, agents, and volunteers from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the Contractor, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of City or its employees. Contractor shall maintain, and specificallyagrees that it will maintain, throughout the term of this Agreement, liabilityinsurance, in which the City shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1 ,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1 ,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law. The limits of insurance shall not be deemed a limitationof the covenants to indemnify and save and hold harmless City; and if City becomes liable for an amount in excess of the insurance limits, herein provided, Contractor covenants and agrees to indemnify and save and hold harmlessCity from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs andattorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable topersonal injury, death, or damage or destruction to tangible or intangible property,including use of. Contractor shall provide City with a Certificate of Insurance, or other proof of insurance evidencing Contractor's compliance with the requirements of this paragraph and file such proof of insurance with the City at least ten (10) days prior to the date Contractor begins performance of its obligations under this Agreement. In the event the insurance minimums are changed, Contractor shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 9.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. 9.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 9.4 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of Hunter Lateral Relocation — NE 3rd St., Broadway to Idaho page 5 of 14 11404 the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 9.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 9.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 9.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho with a Best's rating of no less than A-. In the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re-procurement of the contract services. 12. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 13. Changes: The City may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of Contractor's compensation, which are mutually agreed upon by and Hunter Lateral Relocation — NE V St., Broadway to Idaho page 6 of 14 11404 between the City and Contractor, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 14. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 15. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: http://www.meridiancity.org/environmental.aspx?id=13618. Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 16. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right-of-Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 17. Reports and Information: 17.1 At such times and in such forms as the City may require, there shall be furnished to the City such statements, records, reports, data and information as the City may request pertaining to matters covered by this Agreement. 17.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every Hunter Lateral Relocation — NE 311 St., Broadway to Idaho page 7 of 14 11404 other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 18. Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all of Contractor's records with respect to all matters covered by this Agreement. Contractor shall permit the City to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other datarelating to all matters covered by this Agreement. 19. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The City shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 20. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31 , U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to ensure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. In performing the Work required herein, Contractor shall not unlawfully discriminate in violation of any federal, state orlocal law, rule or regulation against any person on the basis of race, color, religion,sex, national origin or ancestry, age or disability. 21. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents. 22. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. Hunter Lateral Relocation — NE V St., Broadway to Idaho page 8 of 14 11404 23. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 24. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 25. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 26. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 27. Assignment: It is expressly agreed and understood by the parties hereto, that Contractor shall not have the right to assign, transfer, hypothecate or sell any of its rights underthis Agreement except upon the prior express written consent of City. 28. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. Retainage of five percent (5%) of the current contract value will be withheld from the final pay application(s) until final completion has been met and releases from both the Idaho Tax Commission and Surety have been received by the City. Hunter Lateral Relocation — NE 3rd St., Broadway to Idaho page 9 of 14 11404 29. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. 30. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 31. Compliance with Laws: In performing the scope of work required hereunder, Contractor shall complywith all applicable laws, ordinances, and codes of Federal, State, and local governments. 32. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 33. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City: Contractor: City of Meridian LaRiviere, Inc. Procurement Manager Attn: Allison Beard 33 E Broadway Ave. 17564 N. Dylan Ct. Meridian, ID 83642 Rathdrum, ID 83858 208-489-0417 Phone: 208-683-2646 Email: allisonb@lariviere.com Idaho Public Works License #: PWC-C-17425 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. Hunter Lateral Relocation — NE 3rd St., Broadway to Idaho page 10 of 14 11404 CITY OF MERIDIAN: LARIVIERE, INC.: BY: BY: KEITH WATTS, Procurement Manger THOMAS LARIVIERE, President DATED: 11-14-2023 DATED: Approved by Council Date: (if needed) 11-14-2023 Project Manager Jared Hale Hunter Lateral Relocation — NE 3rd St., Broadway to Idaho page 11 of 14 11404 EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID (MYR-2328-1104) ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the current version of the Idaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: • Construction Plans — HUNTER LATERAL RELOCATION MERIDIAN CIVIC BLOCK (12 pages) Hunter Lateral Relocation — NE 3rd St., Broadway to Idaho page 12 of 14 11404 EXHIBIT B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $617,502.99. MILESTONE DATES/SCHEDULE Milestone 1 Substantial Completion t(60) Days from Notice to Proceed Milestone 2 Final Completion (90) Days from Notice to Proceed PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment and incidentals as required for the Project per ITB BID #MYR-2328-11404. NOT-TO-EXCEED AMOUNT.............................................$617,502.99 Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any additional increases or decreases in work requested by city. The City will pay the contractor based on actual quantities of each item of work in accordance with the contract documents. Contract Pricing Schedule Item ISPWC Item Description Quantity Unit Unit Price No. Number 1 2010.4.1.A.1 Mobilization 1 LS $68,507.84 2 1103.4.1.A.1 Construction Traffic Control 1 LS $8,991.23 3 SP 20013 Construction Survey & Staking 1 LS $5,451.08 4 1001.4.1.A.1 SWPPP / Erosion Control 1 LS $8,319.89 5 0201.4.1.C.1 Removal of Obstructions 1 LS $18,950.22 6 0201.4.1.D.1 Removal of Concrete/Asphalt 1027 SY $55.49 7 0201.4.1.D.2 Removal of Landscape/Irrigation 308 SY $42.15 8 0201.4.1.E.1 Removal of Curb & Gutter 556 LF $7.98 9 0201.4.1.E.2 Removal of Storm Drain 115 LF $17.92 10 0202.4.5.A.1 Unsuitable Material Excavation 300 CY $50.84 allowance 11 0401.4.1.A.1 Water Main with Sleeve - Size 10" 25 LF $695.78 12 0601.4.1.A.5 Storm Drain Pipe - Size 12" C-900 54 LF $115.87 PVC 13 0602.4.1.A.1 Gravity Irrigation pipe - Size 30" 529 LF $472.02 HDPE 14 0602.4.1.C.1 Storm Drain Catch Manhole - Size 1 EA $4,479.57 Hunter Lateral Relocation — NE 3rd St., Broadway to Idaho page 13 of 14 11404 48" 15 0602.4.1.C.2 Storm Drain Catch Basin - Size 30" 3 EA $2,762.62 16 0602.4.1.M.1 Cast-in-Place Irrigation Box - Size 1 EA $23,723.35 11'x6' 17 0602.4.1.M.2 Cast-in-Place Irrigation Box - Size 3 EA $15,085.78 6'x6' 18 0706.4.1.G.1 Concrete Repair 17 SY $181.43 19 0810.4.1.A.3 Plant Mix Pavement, SP-3 444 SY $37.46 20 1135.01.01 Roadside Traffic Sign Installation 1 EA $659.36 One Metal Post 21 1135.01.06 Remove and Salvage Roadside 1 EA $713.30 Sign 22 2030.4.1.D.1 Miscellaneous Utility, Adjust to 3 EA $659.36 Grade 23 SP 08112 Temporary Asphalt Curb, Size 6-in 510 LF $65.94 24 SP 20035 Remove & Salvage to Property 1 LS $1,063.80 Owner 25 SSP 29067B Repair Landscaping & Irrigation 50 SY $53.959 Hunter Lateral Relocation — NE 3rd St., Broadway to Idaho page 14 of 14 11404 W IDIAN� AGENDA ITEM ITEM TOPIC: Termination of Memorandum of Agreement Civic Block Development Proposal Between City of Meridian, Meridian Development Corporation, and Meridian Caddis, LLC C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Work Session Agenda From: William L. M. Nary, City Attorney/Risk Meeting Date: November 14, 2023 Manager Topic: Termination of Memorandum of Agreement Civic Block Development Proposal Recommended Council Action: Terminate the Memorandum of Agreement Civic Block Development Proposal ("MOA"). Background: The City, Meridian Caddis, LLC ("Meridian Caddis"), and the Meridian Development Corporation ("MDC") are parties to the MOA referenced above concerning The Civic Block and the Hunter Lateral. Pursuant to the first amendment to the MOA, the City agreed, under certain circumstances,to "move forward with the Hunter Lateral relocation project with funding from (Meridian Caddis), subject to the execution of[a] Funding Agreement. . . ." If a Funding Agreement is not in place by November 1, 2023, however, then any party may terminate the MOA. The City and Meridian Caddis were unable to reach agreement on a Funding Agreement by November 1, 2023.Additionally, Meridian Caddis recently notified the City and MDC that it is unable to proceed with its original plans for The Civic Block due to changing economic conditions. Therefore, it is recommended that the City notify Meridian Caddis that it is exercising its right to terminate the MOA. If the City Council concurs, the City Attorney's Office will prepare a termination letter for the Mayor's signature. Mayor Robert E . Simison City Council Members : E IDIAN ....... Joe Borton John Overton Liz Strader Jessica Perreault Brad Hoaglun Luke Cavener November 15, 2023 John McGraw, President Meridian Caddis, LLC/ River Caddis Development, LLC 1038 Trowbridge Road East Lansing, Michigan 48823 Ashley Squyres Meridian Development Corporation 104 E . Fairview Ave . # 239 Meridian , Idaho 83642 Dear Mr. McGraw and Ms . Squyres : The City of Meridian ( " City" ) , the Meridian Development Corporation ( " MDC" ) , and Meridian Caddis, LLC ( " Meridian Caddis" ) ( collectively the " Parties" ) entered into that certain " Memorandum of Agreement Civic Block Development Proposal" ( " MOA" ) dated April 12 , 2022 , and that certain " First Amendment to Memorandum of Agreement Civic Block Development Proposal " ( " First Amendment" ) dated April 18, 2023 . Under Section 2 of the First Amendment, if the Parties fail "to agree upon the budget, Funding Agreement, and timeline for the relocation of the Hunter Lateral by November 1, 2023 , then any Party may thereafter terminate the MOA" by providing written notice . The Parties failed to agree upon a budget, Funding Agreement, and timeline for the relocation of the Hunter Lateral by November 1, 2023 . Additionally, Meridian Caddis has notified the City and MDC that it is unable to proceed with its original development plans for the Civic Block due to changing economic conditions . Given these facts, the City is exercising its right to terminate the MOA . This letter shall serve as the City' s seven -day termination notice , as required by Section 2 of the First Amendment . Sincerely, Robe t E . S ' ison Mayor MEMORANDUM OF AGREEMENT CIVIC BLOCK DEVELOPMENT PROPOSAL This MEMORANDUM OF AGREEMENT ("Agreement") is made this12th day of April , 2022 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Meridian Development Corporation, an urban renewal agency organized under the laws of the State of Idaho ("MDC") and Meridian Caddis, LLC, a Michigan limited liability company registered to do business in Idaho ("Respondent"). The foregoing may be collectively referred to as "Parties" or individually as a "Part " Y• WHEREAS,MDC in cooperation with the City issued a Request for Proposals ("RFP") seeking proposals from interested parties for the development or redevelopment of the Civic Block property(the "Project") containing parcels owned by the City and MDC; WHEREAS,River Caddis Development, LLC, a Michigan limited liability company(the "Original Respondent") submitted one of three proposals received and was selected by MDC and the City subject to certain contingencies; WHEREAS, Respondent is wholly owned by Original Respondent or its principals and was formed by Original Respondent for purposes of entering into this Agreement and the Definitive Agreements (as defined in Article 2, below) and pursuing the Project; WHEREAS, the Parties desire to describe the process necessary for the Respondent's proposal to move forward; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: 1. MDC and the City's acceptance of the Original Respondent's proposal was conditioned upon the attached list of contingencies which includes RFP and RFP addendum content, the Original Respondent's proposal and presentations, as well as conditions discussed at MDC and City joint public meetings where Original Respondent was present(See Exhibit A attached hereto and incorporated by reference herein). The Parties acknowledge and agree to these contingencies and that they will be incorporated into the Definitive Agreements or survive the execution of the Definitive Agreements, as applicable. 2. The Respondent agrees that its Proposal will remain valid until the completion of negotiations and possible execution of (i) a purchase and sale agreement for the City property between the City, as seller, and MDC, as purchaser(the "City/MDC Purchase Agreement"); (ii) a purchase and sale agreement between MDC as seller, and Respondent, as purchaser, for the MDC property and the City property(the MDC/Respondent Purchase Agreement"); and(iii) an owner participation agreement for the entire Project property between MDC and Respondent, as developer(the "OPA") (all of the aforementioned agreements in this paragraph are collectively referred to as the "Definitive Agreements"). The Parties acknowledge that the sale of the City property to MDC is subject to a public process and is a necessary component of the Definitive Agreements. The Parties acknowledge that the City cannot guarantee an outcome and/or commit to transfer of the city MEMORANDUM OF AGREEMENT 2022 RFP CIVIC BLOCK PROJECT PAGE 1 OF 8 42358753.10 property to MDC in advance of that public process. 3. This Agreement is governed by the laws of the State of Idaho, constitutes the entire understanding between the Parties and may not be modified except by written consent of all the Parties. The Parties agree to participate in the negotiation of the Definitive Agreements in good faith. This Agreement will automatically terminate if the Definitive Agreements acceptable to all parties are not executed by City, MDC and Respondent as applicable on or before 5:00 pm on December 31, 2022 (the "Negotiation Period Expiration Date"). If this Agreement is in effect, then between the Effective Date and the Negotiation Period Expiration Date, City and MDC shall deal exclusively with the Respondent in connection with the Project and shall not negotiate, discuss or enter into any purchase agreement, owner participation agreement or similar agreement with respect to the Project or the Project property as referenced above with any other party. The Parties may extend the Negotiation Period Expiration Date by mutual written amendment to this Agreement. Upon the execution of the Definitive Agreements by the Parties, this Agreement shall be of no further force or effect, except for those obligations set forth herein that expressly survive the execution of the Definitive Agreements. 4. Either Party may terminate this Agreement upon thirty(30) days written notice of default regarding the terms and conditions of this Agreement or for lack of substantial progress in the negotiations of the Definitive Agreements. If the defaulting Party cures the default or lack of substantial progress within the thirty(30) day period described in the notice, then the notice shall be deemed withdrawn and this Agreement will remain in effect. Any notices, demands or requests required or permitted to be given hereunder must be in writing and shall be deemed to be given(i) when hand delivered; or(ii) one (1)business day after delivery to FedEx or similar overnight service for next business day delivery; or(iii)three (3)business days after deposit in the U.S. mail first class postage prepaid; or(iv) when sent by facsimile or electronic (pdf)transmission during normal business hours (i.e., 8:00 a.m. to 6:00 p.m., Monday through Friday), if such transmission is immediately followed by any of the other methods for giving notice. For communication purposes the contact information for the Parties is as follows: Ashley Squyres Meridian Development Corporation 104 E.Fairview#239 Meridian,ID 83642 208-830-7786 Email:_meridiandevelopmentcorp@gmail.com John McGraw Director of Development River Cadis Development,LLC 1038 Trowbridge Road East Lansing,Michigan 48823 Email:jmcgraw@rivercaddis.com Bruce Freckleton City of Meridian 33 E.Broadway Ave Meridian,ID 83642 Email:bfreckleton@meridiancity.org [SIGNATURES ON FOLLOWING PAGE] MEMORANDUM OF AGREEMENT 2022 RFP CIVIC BLOCK PROJECT 42358753.10 PAGE 2 OF 8 IN WITNESS WHEREOF,the Parties hereto have executed this Agreement effective as of the date first noted above. MERI DEVELOPMENT CORPORATION: By: Dave Winder, Chairman Attest: S ve Vlassek, Secretary CITY OF MERIDIAN: ° sFat. Robert E. Si son ayor 4-12-2022 Attest: Chri Johnso`;° Clerk 4-12-2022 MERIDIAN CADDIS,LLC �411 ' By: Kevin T. McGraw, 4-15-22 MEMORANDUM OF AGREEMENT 2022 RFP CIVIC BLOCK PROJECT PAGE 3 OF 8 42358753.10 Item#6. EXHIBIT A Civic Block Project Development Contingencies MDC and the City recommend approval of the Respondent's proposal with the contingencies cited below, which will be incorporated into the Definitive Agreements as applicable. It is important to note that the OPA will place all of the risk on the Respondent as to whether the tax increment generated by the Project will be sufficient to cover the reimbursable costs of the Project and corresponding improvements. If the required contingencies are not met, the Project will not move forward, and the City and MDC will not have expended any funds. • The final Project must address the Guiding Principles and Basis for Selection criteria outlined in the RFP and incorporated herein by this reference. To the extent that the list set forth below contains additional requirements beyond what is specified in the RFP, the more specific requirements shall prevail. Specifically: a. Preferred projects should feature a mixed-use development with active street level uses that will bring visitors to the area, service downtown residents and workers, and contribute to the vitality of Downtown Meridian. b. The Project should"substantially conform with the vision, goals, and objectives of Destination Downtown, the Meridian Revitalization and Union District Plans, and the Comprehensive Plan for the City of Meridian." c. Economic benefits include...broadening and enhancing the economic base of the downtown, stimulating new growth and other private development and investment, tax revenue generated, increased property values, long term economic opportunities, employment and job creation, and attraction of visitors and residents to support downtown businesses. d. Preferred projects will include outdoor spaces that encourage public gathering. e. Respondent timelines and cost breakdowns should include all visioning, community outreach and engagement, design, Ada County Highway District ("ACHD") approvals, and construction for East 2nd Street improvements." Preferred projects are "encouraged to capitalize on"the enhanced streetscapes and pedestrian-friendly downtown corridor on East 2nd Street"and create pedestrian connections to the proposed project. f. Regarding the public alley vacation, the proposed project must include one-way vehicular access from East 2nd Street. Respondent will obtain the approval for the location of the one- way vehicular access from the adjoining landowners (unBound and COMPASSNRT). MEMORANDUM OF AGREEMENT 2022 RFP CIVIC BLOCK PROJECT PAGE 4 OF 8 42358753.10 Page 58 Item#6. g. Prior to the execution of the Definitive Agreements, Respondent shall provide City and MDC representatives with an opportunity to meet with Respondent's proposed financing provider to discuss and verify the Respondent's financial ability and financing plan to complete the project in a timely manner and verify the liquidity and net worth of the guarantor entity. • Respondent should begin stakeholder outreach and engagement as soon as practical. Public notification should include all property owners, residents, and businesses within 500 feet of the Project site. A minimum of three public meetings are expected. • Prior to City's execution of the City/MDC Purchase Agreement, City must be satisfied with the Project elements, including but not limited to the mix of uses on the site, number of parking spaces dedicated to the Project and to the public,public gathering spaces, general site plan and renderings showing height and mass of the Project, and the Festival Street. The above information will be included in the OPA as attachments describing the Project and the OPA will state that any substantial change to these items will require the approval of MDC. The OPA will also require that the Respondent consult with the City prior to requesting any substantial changes to the above attachments and that MDC will consider the input from the City in regard to the proposed substantial changes. • To ensure that the Respondent actually closes on the Property in accordance with the terms of this Agreement and the MDC/Respondent Purchase Agreement, the City shall not be required to close under the City/MDC Purchase Agreement until the MDC shall have entered into the MDC/Respondent Purchase Agreement in accordance with the terms hereof and the Respondent shall have satisfied or waived all of its contingencies and conditions to closing thereunder. • Due to the substantial costs that Respondent will incur in connection with the negotiation of the Definitive Agreements, due diligence investigations of the Project site and the design,planning, financing and obtaining approvals for the Project, including without limitation the planning and approvals required in connection with the relocation of the Hunter Lateral (as discussed below) (collectively, the "Pre-Closing Expenses"), it is agreed by City and MDC that (i) the City/MDC Purchase Agreement, after execution by such parties, shall not be terminable by either the City or MDC for any reason other than the Financing Condition(as defined herein), or a default by Respondent under the MDC/Respondent Purchase Agreement beyond all applicable notice and cure periods set forth therein; and(ii)Respondent shall be named as an express and intended third-party beneficiary of the City/MDC Purchase Agreement, such that if the City fails to close the transaction contemplated by the City/MDC Purchase Agreement, Respondent shall be permitted to either seek the remedy of specific performance to ensure that both the City and MDC perform their respective obligations under the City/MDC Purchase Agreement or Respondent shall be permitted to seek damages against the City equal to Respondent's Pre-Closing Expenses. The MDC/Respondent MEMORANDUM OF AGREEMENT 2022 RFP CIVIC BLOCK PROJECT PAGE 5 OF 8 42358753.10 Page 59 Item#6. Purchase Agreement shall also permit Respondent the remedy of specific performance to ensure that the MDC performs its obligations under the MDC/Respondent Purchase Agreement and to recover its Pre-Closing Expenses from MDC in the event of a default by MDC under either the MDC/Respondent Purchase Agreement or the City/MDC Purchase Agreement. • The MDC/Respondent Purchase Agreement shall contain the following contingencies benefiting Respondent: (a) all site conditions, including without limitation, soils, geotechnical and environmental conditions shall be acceptable to Respondent; (b) all matters of title and survey shall be acceptable to Respondent; (c) Respondent shall have determined that the Project is economically feasible in Respondent's sole discretion, including without limitation the costs associated with the relocation of the Hunter Lateral and Respondent's ability to recover such costs under the OPA; (d) Respondent shall have received such approvals as are deemed by Respondent as necessary for the development and construction of the Project; (e) Respondent shall have obtained financing commitments and such other incentives as are deemed necessary for the Project by Respondent, all of which shall be on terms and conditions that are acceptable to Respondent; and(f) MDC shall have acquired the City property from the City pursuant to the terms of the City/MDC Purchase Agreement. Other than the Respondent's costs and expenses incurred in connection with the potential relocation of the Hunter Lateral, which shall include without limitation the cost of all investigations, feasibility studies,plans, applications and approvals procured or prepared by Respondent in connection with such relocation(the "Lateral Relocation Expenses"), which shall be reimbursed by the City as provided in this MOA, if the Respondent decides not to proceed with the Project based upon the foregoing contingencies, then the Respondent shall bear all of its costs, expenses and fees related to the Project and MDC shall have no obligation to reimburse Respondent in any manner. The Respondent/MDC Purchase Agreement shall also provide that if Respondent waives all contingencies and thereafter defaults in its obligation to purchase the Property(after all applicable notice and cure periods as may be set forth in the Respondent/MDC Purchase Agreement), then MDC may terminate the Respondent/MDC Purchase Agreement and recover from Respondent all of MDC's actual, out of pocket attorney fees associated with the transactions contemplated hereunder. • If the Definitive Agreements are entered into in accordance with the terms of this Agreement and the Respondent thereafter incurs Lateral Relocation Expenses but does not ultimately proceed with the Project for any reason other than the Respondent's default under a Definitive Agreement(including without limitation a failure of a contingency under the MDC/Respondent Purchase Agreement or a failure to perform by the City or MDC under the City/MDC Purchase Agreement or the MDC/Respondent Purchase Agreement), then the City shall be responsible for, and hereby agrees to reimburse the Respondent on demand for, all of the Lateral Relocation Expenses incurred by Respondent. Following such reimbursement, MEMORANDUM OF AGREEMENT 2022 RFP CIVIC BLOCK PROJECT PAGE 6 OF 8 42358753.10 Page 60 Item#6. Respondent shall turn over to the City all plans, studies, applications and other work product procured or prepared by Respondent in connection with the Lateral Relocation Expenses. The City's obligation under this paragraph shall be binding on the City and survive the execution of the Definitive Agreements and any subsequent termination of the Definitive Agreements. • The Purchase Price payable by Respondent for the entire Project property (including both the City property and the MDC property) under the MDC/Respondent Purchase Agreement shall be equal to the current fair market value of the City property, as determined by a licensed, MAI real estate appraiser reasonably acceptable to the City, MDC and Respondent. Specifically, the appraiser shall take into account the current location of the Hunter Lateral on the City property in determining the City property's fair market value. After Closing, it will become necessary to relocate the Hunter Lateral in order to develop and construct the Project. If Respondent proceeds to closing under the MDC/Respondent Purchase Agreement, Respondent will assume responsibility for relocation of the Hunter Lateral from design through construction and acceptance of improvements by Nampa Meridian Irrigation District and ACHD. Actual, audited costs are eligible for TIF reimbursement with the details to set forth in the final OPA. MDC and the City will continue current efforts to coordinate such relocation with relevant entities prior to finalizing the Definitive Agreements. • The MDC/Respondent Purchase Agreement shall also require, as the sole condition to MDC's obligation to perform thereunder, that Respondent provide to MDC, prior to closing, the following: (a) a financing commitment from an established financial institution in order to demonstrate that Respondent has the financial ability and viable plan to complete the Project in a timely manner; and(b) copies of loan documentation between Respondent and its lender that set forth an affirmative obligation for Respondent to substantially complete the Project within a definitive construction schedule (but in no event shall Respondent be required to share its construction budget, operating proforma or other financial documentation) (collectively, the "Financing Condition") • The final Project must include funded, adequate parking. Any off-site parking must be at a specified, approved, alternate location before the Subject Property will be transferred for development. The Parties may negotiate additional public parking. • Respondent shall cover all Project design costs, up to and including without limitation construction documents, for all buildings, site improvements, parking, and required public infrastructure improvements. • Audited, verified costs of reimbursable public improvements would be eligible for tax increment financing ("TIF")reimbursement,with the details to be set forth in the final OPA. • Project funding for reimbursable public improvements will be based on a TIF performance-based reimbursement model. Reimbursement will be made upon successful completion of the Project and reimbursable public MEMORANDUM OF AGREEMENT 2022 RFP CIVIC BLOCK PROJECT PAGE 7 OF 8 42358753.10 Page 61 Item#6. improvements and only from an agreed upon portion of the tax increment dollars received by MDC from the subject property. • Respondent agrees that its proposal will remain valid for sufficient time to allow for entitlement approvals and execution of the Definitive Agreements. • The OPA shall contain liquidated damages provisions whereby if Respondent fails to construct the Project in accordance with the requirements of the OPA, subject to force majeure and applicable notice and cure periods set forth therein, MDC shall be permitted to recover from Respondent liquidated damages for Respondent's failure to perform. The liquidated damages recoverable by MDC shall be equal to $25,000/month ($835.00/day) for each delay day as to key milestone dates for the commencement and completion of the Project(which shall be more particularly set forth in the OPA); provided, however, the cumulative liquidated damages payable by Respondent under the OPA shall in no event exceed the Purchase Price paid by Respondent for the Property. The OPA will provide that these liquidated damages are to be waived by MDC in the event that Respondent has shown to MDC's reasonable satisfaction that it has made good faith progress toward achieving such key milestone dates for the commencement and completion of the Project and/or if any such delays were for reasons beyond the reasonable control of Respondent. In no event shall any type of liquidated damages exceed the fair market value of the MDC property. MEMORANDUM OF AGREEMENT 2022 RFP CIVIC BLOCK PROJECT PAGE 8 OF 8 42358753.10 Page 62 FIRST AMENDMENT TO MEMORANDUM OF AGREEMENT CIVIC BLOCK DEVELOPMENT PROPOSAL This FIRST AMENDMENT("Amendment")to the MEMORANDUM OF AGREEMENT between the parties dated April 12th, 2022 ("MOA") is made this 18thday of April , 2023 by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Meridian Development Corporation, an urban renewal agency organized under the laws of the State of Idaho ("MDC") and Meridian Caddis, LLC, a Michigan limited liability company registered to do business in Idaho ("Respondent"). The foregoing may be collectively referred to as "Parties"or individually as a"Party." WHEREAS, the MOA pertains to the development or redevelopment of the Civic Block property(the "Project") and expired by its terms on December 31, 2022, but can be amended and extended by mutual agreement of the Parties and without a time extension the Project will not move forward; WHEREAS, Respondent desires to move forward but has requested additional time to evaluate market conditions and the viability of the Project; WHEREAS,MDC and the City also desire the Project to move forward and are willing to grant a time extension for the MOA subject to certain conditions; WHEREAS,the Parties desire to amend the MOA as provided herein with all other terms and conditions of the MOA remaining the same. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: 1. Intent The Parties hereby enter into this Amendment to extend the MOA between MDC, Respondent and the City to continue to work toward a feasible development Project for the site in accordance with the terms of the MOA and this Amendment. This Amendment is also intended to enable the City to move forward with the Hunter Lateral relocation with funding from Respondent, subject to the execution of a funding agreement ("Funding Agreement") whereby the City will reimburse Respondent for all relocation costs that are made part of the Funding Agreement and after the Parties have agreed on a final bid package for the construction of the Hunter lateral and the issuance of a Notice to Proceed. 2. MOA Extension The City, MDC and Respondent hereby agree to retroactively extend the term of the MOA from December 31, 2022 to the date that is twelve (12) months from the date of execution of this Amendment, such that the MOA will be deemed to have been in full force and effect from December 31,2022 until terminated in accordance with the terms of the MOA,as amended herein. Notwithstanding the foregoing, if, the Parties have failed to agree upon the budget, Funding Agreement, and timeline for the relocation of the Hunter Lateral by November 1, 2023, then any Party may thereafter terminate the MOA and all associated purchase agreements upon seven (7) days written notice to the other Parties. In consideration of the extension granted herein, the Parties further agree that each shall take all actions as reasonably necessary to: (a) amend the Purchase Agreement between the MDC and Respondent to align the term of the Purchase Agreement with the MOA, as amended herein; and (b) amend the Purchase Agreement between the MDC and the City to align the term of the Purchase Agreement with the MOA (as amended herein) and the MDC/Respondent Purchase Agreement to ensure the property is appropriately transferred through a same-day, consecutive closing. If the parties have not executed a mutually acceptable OPA and modified and executed the required agreements by the end of the term of this Amendment, then the MOA and this Amendment shall expire and be considered automatically terminated. Upon termination due to lack of agreement on the Hunter Lateral by November 1, 2023 or upon other termination of the MOA and this Amendment the parties will have no further obligation under any of the agreements related to this Project and the subject properties and each will bear all of their own fees and costs related to this Project. If the City determines, in its sole discretion, that it wishes to proceed with the Hunter Lateral project and to utilize Respondent's plans, studies, and other work product concerning the Hunter Lateral relocation after the MOA and this Amendment terminate, the City and Respondent shall reasonably negotiate the reimbursement of Respondent's out-of-pocket costs related to the plans, studies, and other work product. Following such reimbursement, the Respondent shall turn over to the City all plans, studies, applications and other work product procured or prepared by Respondent in connection with the Relocation Expenses (as defined below). 3. Hunter Lateral Relocation This Amendment is intended to enable the City to move forward with the Hunter Lateral relocation with funding from Respondent, subject to the execution of the Funding Agreement whereby the City will reimburse Respondent for all relocation costs that are made part of the Funding Agreement and after, the Parties have agreed on a final bid package for the construction of the Hunter lateral and the issuance of a Notice to Proceed. The process for Respondent's provision of funding for Hunter Lateral relocation and the City's reimbursement obligations will include the following steps, each of which shall be set forth as a term of the Funding Agreement for the Hunter Lateral between the Parties: a. City to define the scope of work for the Hunter Lateral relocation and associated timeline; b. Respondent to provide construction plans based on the scope of work referenced in Section 3(a) and authorize City to utilize said plans. City will then procure bids for the Hunter Lateral relocation, confirm costs, and present to Respondent to confer and agree upon a budget for the relocation. The budget will include the following hard and soft costs(no overhead or profit of Respondent)and an associated timeline for expenditures: i. Architectural and engineering design costs previously incurred by Respondent related to relocation of the Hunter Lateral; ii. Architectural and engineering design costs to be incurred to finalize the scope of work for the Hunter Lateral relocation through successful relocation; and iii. All direct construction (general contractor) costs for the relocation. c. Respondent will provide funding for certain expenses associated with the relocation of the Hunter Lateral as set forth in Section 3(b)(i)-(iii)above (referred to herein as "Relocation Expenses"), subject to the following: i. The Parties shall enter into a Funding Agreement to manage the logistics of the relocation of the Hunter Lateral to include, but not limited to, timing of invoicing, timeline for payment, transferring of payment whether through an escrow account or other means, and any and all other usual methods of construction project management. The budget and timeline for the relocation of the Hunter Lateral will set forth the structure and timeline for Respondent's payment obligation. ii. The Funding Agreement shall include conditions/triggers and a timeline for City's obligation to reimburse Respondent. iii. All funds expended by Respondent for the relocation of the Hunter Lateral shall be reimbursed to Respondent as attributable Project costs of the overall development Project if the Project moves forward. The Owner Participation Agreement ("OPA") will be drafted to incorporate this concept. iv. If, for whatever reason, the Parties do not proceed with the overall development Project, Respondent will be reimbursed for the Relocation Expenses that have been expended pursuant to the terms of the Funding Agreement,within 30 days of invoice and regardless of whether the OPA is agreed upon, negotiated or executed. d. Respondent will have reasonable access, inspection and/or audit rights for work funded by the Respondent. e. Respondent shall work with City to ensure the transfer of ownership for existing plans/work product produced by Respondent and its third-party contractors. 4. Progress Reporting Respondent will timely review proposals and bids received by the City for the Hunter Lateral relocation, work collaboratively with the City on the design, budget and timeline for the Hunter Lateral relocation and the Funding Agreement and take other steps as reasonably necessary to achieve the relocation of the Hunter Lateral as set forth above. In addition, Respondent will meet with officials, appointed by, and representative of, MDC and the City every 4-6 weeks to provide ongoing progress updates on the greater development Project. Such updates may include information regarding one or more of the following subjects,depending on the stage of the Project: a. General Diligence Update: Survey and title work, Geotech, environmental, engineering and other site findings b. Legal Update: Status of OPA, other legal agreements c. Financial Update: Respondent's cost and gap analysis, potential incentive opportunity identification, URD capture potential d. Design Update: review of project requirements, site plan design, progression and changes, contingencies and zoning status updates, architect and engineer updates e. Construction Update: Contractor updates, potential construction schedule The next page is the signature page. IN WITNESS WHEREOF, the Parties hereto have executed this Amendment effective as of the date first noted above . ME IAN DEVELOPMENT CORPORATION : Dave rinder, Chairman est : Ste e Vlassek, Secretary CITY OF MERIDIAN : �QO(LPSED AUG .. , r 26� • �i9p (11y of ' I . IDI t ' D R e . Si son, Mayor, SEAL ' Chris Jo son, City Clerk yr FRn�th IT MERIDIAN CADDIS , LLC : By: Jo Graw, President 18 C i E IDIANI.--- AGENDA ITEM ITEM TOPIC: Update On American Rescue Plan Act (ARPA) projects. T � 5 � November 2023 American Rescue Plan Act — Projects Discussion . • TODAY'S DISCUSSION C�WIEN IAN:--- Z • REMINDER OF FUNDING & TIMING • STATUS UPDATE OF FUNDING & PROJECTS • PROJECT OPTIONS & RECOMMENDATIONS :--- ARPA FUNDING & TIMING C�VIEN IAN3 • Federal Funding - $35013 ➢ Dec. 31 , 2024 — Funds Obligated • Idaho - $ 1 .09413 ➢ Dec. 31 , 2026 — Expended • Meridian - $ 12,845, 509 ➢ Expenditure Reports Occurring Government Services; Water, Sewer, Broadband; Respond to Public Health Emergency; Essential Services Pay Retrieved from source: https.Ilhome.treasurV.gov/system/filesll361SLFRP-Quick-Reference-Guide-FINAL-508a.pdI li—I f . • WHAT CAN FUNDS BE USED FOR? C�VIEN IAN,~4 • Total Distribution Available: $ 12,845,509 • Revenue Loss Category: $ 10,,000,,000 • Other Reporting Categories: $2,845,F509 • Grant Project philosophy ➢ One-time Capital Costs ➢ Lower Capital and Operational Costs ➢ Allow Flexibility; Least Reporting Risk ➢ Consider Staff Impacts :--- PROJECTS CONSIDERED (All Figures Approximate) C�WIEN IANP� Projects Expend itu re��JlrEstirnatecl Costs s Obligated Category SLFRF Consulting Services 7.1 $150,000 $150,000 $29,410 Emergency Housing Assistance 2.2 $250,000 $250,000 $250,000 Woodrose Apts Assistance 2.15 $400,000 $400,000 $400,000 Biosolids Drying 5.5 $4.6M $298,047 $65,099 Biogas Utilization Engine 5.7 $3.9M - $5.9M $54,004 $24,689 Police Station 6.1 $2.81M Fire Station 6.1 $5.12M Fiber Projects (8) 6.1, 5.19, 5.21 $645,000 . • :--- PROJECTS TO DATE (All Figures Approximate) C�WIEN IAN-wr '01WRW ObligatedProjects - Expenditure Estimated Costs Category SLFRF Consulting Services 7.1 $150,000 $150,000 $29,410 Emergency Housing Assistance 2.2 $250,000 $250,000 $250,000 Woodrose Apts Assistance 2.15 $400,000 $400,000 $400,000 Biosolids Drying 5.5 $4.6M $298,047 $65,099 Biegas i tilizatien Engine 5.7 $3.9M _ $5.9m $54,004 $24,689 Total $1,152,051 $769,198 Remainder $11,693,458 . • 7 PROJECTS TO CONSIDER (All Figures Approximate) CategoryProjects Expenditure Estimated Costs Remainder ARPA Allocation • Lk 6- To Obligate Biosolids Drying 5.5 $4.6M $4.3M Fire Station #8 6.1 $5.19M $5.19M NW Police Station 6.1 $2.82M $2.82M Fiber Projects (8) 5.19, 5.21, 6.1 $645,000 Total 8 PROJECT RECOMMENDATIONS (All Figures Approximate) Biosolids Drying 5.5 $4.6M Fire Station #8 6.1 $5.19M Up to NW Police Station 6.1 $2.82M Up to Total $12.61M > $11,693,458 ➢ One-time Capital Costs ➢ Lowers Capital and Operational Costs ➢ Allows Flexibility; Least Reporting Risk ➢ Allows Funding Options for Other Projects . . C�WIEND IAN,9 QUESTIONS? �J E IDIAN;--- AGENDA ITEM ITEM TOPIC: EXECUTIVE SESSION