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2024-01-16 Work Session
CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, January 16, 2024 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Doug Taylor Councilman John Overton Councilwoman Anne Little Roberts Councilman Luke Cavener Councilwoman Liz Strader Councilman Joe Borton Mayor Robert E. Simison ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Borton, Seconded by Councilwoman Strader. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Cavener, Councilwoman Strader, Councilman Borton 1. Approve Minutes of the January 2, 2024 City Council Special Meeting 2. Approve Minutes of the January 2, 2024 City Council Regular Meeting 3. Cole Valley Christian Schools Inc. Water Main Easement (ESMT-2023-0185) 4. Final Plat for Matador Estates (FP-2023-0024) by Marty Camberlango, Quantum Ltd., Inc., located at 1235 E. McMillan Rd. 5. Final Order for Centerville Subdivision No. 2 (FP-2023-0022) by Kent Brown Planning Services, located near the southeast corner of E. Amity Rd. and S. Hillsdale Ave. 6. License Agreement with Nampa & Meridian Irrigation District to allow the City of Meridian to cross the Hunter Lateral along E. Idaho Ave. 7. Interagency Agreement between the City of Meridian and Ada County Highway District for Roadway Improvement to be included with the Water and Sewer Main Replacement, E. Idaho Ave., N. Meridian Rd. to NE 6th St. (City Project #10567) 8. Farm Lease Between the City of Meridian and Louie Asumendi for farming of 40 acres of City owned land adjacent to the Wastewater Resource Recovery Facility for 2024. 9. Resolution 24-2431: A Resolution Approving a Farm Lease Agreement between the City of Meridian and Loui Asumendi concerning approximately forty (40) acres of real property located on N. Ten Mile R., North of W. Ustick Rd., in Ada County, Idaho; Authorizing the Mayor and the City Clerk to execute and attest said Farm Lease on behalf of the City of Meridian; and providing an effective date 10. Resolution No. 24-2430: A Resolution of the Mayor and the City Council of the City of Meridian Approving City Council President's Appointments of City Council Members/City Staff Members to Serve as Interagency Boards, Committees, and Initiatives Representatives, and Providing an Effective Date ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 11. Impact Fee Assessment Deferral Agreement between the City of Meridian, Ada County Highway District, and JTR Holdings, LLC for property at 105 E. Carlton Ave. Approved Motion to approve made by Councilwoman Strader, Seconded by Councilman Cavener. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Cavener, Councilwoman Strader Abstaining: Councilman Borton 12. Fiscal Year 2024 Budget Amendment in the amount of $35,000.00 for purchase of an additional Unmanned Aircraft System (Drone) Approved Motion to approve made by Councilman Cavener, Seconded by Councilwoman Strader. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Cavener, Councilwoman Strader, Councilman Borton ADJOURNMENT 4:46 PM Meridian City Council Work Session January 16, 2024. A Meeting of the Meridian City Council was called to order at 4:30 p.m., Tuesday, January 16, 2023, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Liz Strader, Luke Cavener, John Overton, Anne Little Roberts and Doug Taylor. ROLL-CALL ATTENDANCE X Liz Strader X Joe Borton Anne Little Roberts X John Overton _X_ Doug Taylor _X_Luke Cavener X Mayor Robert E. Simison Simison: Council, for the record it is Tuesday, January 16th, 2024, and 4:30 p.m. We will begin this afternoon's work session with roll call attendance. PLEDGE OF ALLEGIANCE Simison: Next item up is the Pledge of Allegiance, which will be led by Andrew Vanderveen. If you would like to come forward and lead us in the pledge. (Pledge of Allegiance recited.) Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Thank you, Andrew, for being here today. I had a chance to meet with Andrew before the meeting. Nice young man. Very inquisitive and insightful about Meridian and our parks and, Andrew, I just want to say this is probably the best Pledge of Allegiance that we have done all year. So, thank you for joining us today and doing a great job. We sure appreciate it. ADOPTION OF AGENDA Simison: Andrew, we thank you for being here and with that we will move on to the adoption of the agenda. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Move we adopt the agenda as presented. Meridian City Council Work Session January 16,2024 Page 2 of 9 Strader: Second. Simison: Have a motion and a second to adopt the agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay. The ayes have it and the agenda is adopted. MOTION CARRIED: ALLAYES. CONSENT AGENDA [Action Item] 1. Approve Minutes of the January 2, 2024 City Council Special Meeting 2. Approve Minutes of the January 2, 2024 City Council Regular Meeting 3. Cole Valley Christian Schools Inc. Water Main Easement (ESMT-2023- 0185) 4. Final Plat for Matador Estates (FP-2023-0024) by Marty Camberlango, Quantum Ltd., Inc., located at 1235 E. McMillan Rd. 5. Final Order for Centerville Subdivision No. 2 (FP-2023-0022) by Kent Brown Planning Services, located near the southeast corner of E. Amity Rd. and S. Hillsdale Ave. 6. License Agreement with Nampa & Meridian Irrigation District to allow the City of Meridian to cross the Hunter Lateral along E. Idaho Ave. 7. Interagency Agreement between the City of Meridian and Ada County Highway District for Roadway Improvement to be included with the Water and Sewer Main Replacement, E. Idaho Ave., N. Meridian Rd. to NE 6th St. (City Project #10567) 8. Farm Lease Between the City of Meridian and Louie Asumendi for farming of 40 acres of City owned land adjacent to the Wastewater Resource Recovery Facility for 2024. 9. Resolution 24-2431: A Resolution Approving a Farm Lease Agreement between the City of Meridian and Loui Asumendi concerning approximately forty (40) acres of real property located on N. Ten Mile R., North of W. Ustick Rd., in Ada County, Idaho; Authorizing the Mayor and the City Clerk to execute and attest said Farm Lease on behalf of the City of Meridian; and providing an effective date Meridian City Council Work Session January 16,2024 Page 3 of 9 10. Resolution No. 24-2430: A Resolution of the Mayor and the City Council of the City of Meridian Approving City Council President's Appointments of City Council Members/City Staff Members to Serve as Interagency Boards, Committees, and Initiatives Representatives, and Providing an Effective Date Simison: Next up is the Consent Agenda. Borton: Mr. Mayor? Simison: Council Borton. Borton: No changes. So, I move that we approve the Consent Agenda as published. For the Mayor to sign and Clerk to attest. Strader: Second. Simison: Have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye? Opposed nay? The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: ALLAYES. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items moved from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 11. Impact Fee Assessment Deferral Agreement between the City of Meridian, Ada County Highway District, and JTR Holdings, LLC for property at 105 E. Carlton Ave. Simison: So, we will go on to Department/Commission Reports. First item up is Item 11, Impact Assessment Deferral Agreement and I will turn this over to Mr. Nary. Nary: Thank you, Mr. Mayor, Members of the Council -- Simison: One second, Mr. Nary. Councilman Borton. Borton: Just making a quick record of recusing from any consideration or discussion to this topic. Have an interest in the property. Simison: Thank you. Meridian City Council Work Session January 16,2024 Page 4 of 9 Nary: Mr. Mayor, Members of Council, for the public's benefit the city collects impact fees for Ada County Highway District at the building's permitted stage of all developments. That's an agreement that has been ongoing with the highway district for many many years and, occasionally, we run into situations, based on the request normally from the developer of the property, to defer the payment of the impact fees to a later point in time, rather than at the building permit stage, but maybe to a later point based on economic reasons for varieties of reasons and negotiate that with the city and with ACHD to collect it at the certificate of occupancy stage. That's what we have done here with this particular property. ACHD is, obviously, the driver of that. They are in agreement of the deferral. City is fine with collecting it at a later point in time. Again, we do control both the permitting side, as well as the occupancy side. So, on this particular occasion on -- again, we don't do it very often. We probably in the last -- I think since 2019 we may have done it once. So, it's not something that's done a ton. But it is an off-beat, so because of that we want to make sure was on the agenda for the Council to approve it separately. Simison: Thank you, Mr. Nary. Council, any questions for Mr. Nary? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Just because I'm curious, is the deferral -- if the city were to change impact fees from the time that the deferral was approved until occupancy and the impact fee would be said to be paid changes, is this locked in at the date of deferral or what's the day that it would be due? Nary: Mr. Mayor, Council Member Cavener, so they are calculated now at what they would be today. We are just deferring the collection of it to later. Cavener: Thank you. Simison: Additional questions or do I have a motion? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Move that we approve Item 11 , the Impact Fee Deferral Agreement between the City of Meridian, the Ada County Highway District, and JTR Holdings for the property at 105 East Carlton Avenue. Cavener: Second. Meridian City Council Work Session January 16,2024 Page 5 of 9 Simison: Have a motion and a second to approve Item 11. Is there any discussion? If not all in favor signify by saying aye. Opposed nay? Recusing noted. Not responded to. MOTION CARRIED: FIVE AYES. ONE RECUSE. 12. Fiscal Year 2024 Budget Amendment in the amount of $35,000.00 for purchase of an additional Unmanned Aircraft System (Drone) Simison: With that we will move on to Item 12, which is for fiscal year 2024 Budget Amendment in the amount of 35,000 for purchase of an initial unmanned aircraft system. Ludwig: Thank you, Mr. Mayor. With that said my name is Kyle Ludwig. I'm a lieutenant with the police department and I am the commander assigned to the UAVs or drone program currently. I'm here to request a budget amendment not to exceed 35,000 dollars for the purpose of purchasing a new large frame drone. Following the double homicide incident in town we realized that there was a safety gap presented while we were searching for the suspect trying to monitor the scene and conduct yard- to-yard safety searches during that time frame. We exhausted the equipment we currently have on hand, thus we had officers on search teams going into areas that were unable to be cleared or unable to apply overwatch to and bring them into an unknown situation, which is rather precarious for the officers and puts them in danger. Additionally, once we located the fleeing suspect we were unable to adequately track him, losing him at times as he was continuing to evade law enforcement, which inherently puts the public more at risk as well. We feel that this one-time expense will give the police department an additional large frame option. This allows us to fly in more inclement weather, colder temperatures, hotter temperatures than our current fleet does and will grant us the ability to provide constant coverage for our officers while conducting these high risk operations. I will -- thank you and I will stand for any questions from the Council. Simison: Council, any questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Just a quick question. I'm supportive of the budget amendment, but one of the things I have learned is when we bring new equipment on it's not just about now, it's about a replacement cycle of the set equipment. So, can you help kind of the Council understand -- and maybe there is a larger conversation when we go into budgets about what is the replacement cycle for UAVs. Do we look at them the same as computers or motor vehicles or something in between? Just help me kind of understand what the lifetime ownership of this particular product is going to be for the department, barring any circumstances that would make it unusable. Meridian City Council Work Session January 16,2024 Page 6 of 9 Ludwig: The lifetime or the expectancy of those pieces of equipment -- we actually just did two replacements this last budget cycle and added an additional piece of equipment to the fleet. The replacement -- we purchased our last large frame drone in 2021 that is still completely operational, but with the separation of the city into the northwest site station and the central station the idea would be is that we could have adequate coverage with both drones covering both of those areas of the community. The replacement cycle is really contingent on software updates, technology changes, which are, obviously, hard for us to predict, but we are continuing to operate with the 2021 drone with adequate software updates and we have made -- we made some modifications to cameras and upgrades there. But the actual equipment is still fully operational. So, it's hard for me to hypothesize. I would say somewhere between five and seven years we are looking at a potential replacement and a lot of that's contingent on what technology has changed, not necessarily to breakdown of the equipment. Cavener: And Mr. Mayor? Simison: Councilman Cavener. Cavener: I think -- you know, I'm the -- the PD liaison now and so I think that may be something that we can work with finance and team to come up with what is an expected replacement schedule for UAVs, recognize they are still somewhat new, but to give I think future council some understanding when you purchase a new piece of equipment, baring it crashes or a suspect trying to do something to it, we will get X amount of years out of it, so we can really understand what the -- the lifetime of that expense will be. Ludwig: And we are trying to actually -- once I took over the program, Councilman, actively tried to place those in the CFP, so we can kind of fork out -- so we are not getting inundated with replacing the entire fleet at -- Cavener: Correct. Ludwig: -- one time, but let's try to do this strategically and that's been my plan when I took over the program. Cavener: Great. I love hearing that. Look forward to working with you. Thank you. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Lieutenant Ludwig, just to -- just for clarification purposes when we are looking at a large frame UAV, we are not trying to replace personnel, we are not trying to reduce the number of personnel needed, I believe we are trying to make it so when we use them in large scale op, we use them and deploy them for more efficient staff. Meridian City Council Work Session January 16,2024 Page 7 of 9 Ludwig: Yes. It's much easier for us as -- taking an incident where we have an outstanding violent suspect, if we get a drone up into the air we can start identifying potential hotspot regions through thermal imaging that would identify where a potential suspect is. You can quickly -- or other locations, because there is no hotspot readings there or it can identify small enough where it's going to get an animal or something of that nature where you can bypass those locations and go to where those real heat signatures are and, you know, when we are trying to apprehend a suspect, a heat signature that's concealed or hidden in a deep corner or something of that nature, we can provide that information to the officers on the ground, let them know, hey, there is a potential threat location and the deep northwest corner of this next yard and they can approach that in a much more efficient and safe manner. So, yes, it gives us the opportunity to quickly deploy officers and be much more efficient. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Thank you. Lieutenant Ludwig, I appreciate you bringing this. I have a quick question. Could you -- I'm a new guy. Could you, please, just real briefly explain what you currently have for assets here and -- and I understand kind of the difference as you have described it what we have, could you just kind of describe the current assets and the limitations that they have. Ludwig: Yeah. So -- let me reference some notes if you don't mind. We currently have on hand a M30 -- an M300, which was the original large frame drone that we purchased. We just recently purchased this fiscal year an M30, which is -- it's considered a large scale platform, but it does have some limitations as compared to the M300 or the M350, which is the item that we are attempting to -- to get this amendment so we can purchase. The biggest difference is battery runtime and flight time. Some of the batteries have limitations when they can't charge when it's extremely cold. So, it takes longer for them to charge when they are deployed in the outdoors, sometimes upwards would have to be 41 degrees or warmer for us to actually get a charge onto them. The biggest difference between the large frames really is flight time. So, the ones that we have just recently purchased -- purchased this last year, the Mavic platform, the max flight time or hover time, which ideally is what we are trying to do is hover up above, so we can provide overwatch, is about 30 to 35 minutes. Typically speaking we are going to rely on the lower end of that. The manufacturer's spec is 33 minutes and that's given no wind in the laboratory setting. These new drones in the large frame drones can support flight time of up to 50 minutes, which, obviously, that's a pretty big difference in time frame. We were talking about damages for returning the drone battery change and, then, getting it back deployed and that's really where we have seen that. Whereas if we have an extra large frame drone, as we are putting one up we can get one in position and with their anti-collision software we can actually have one operator flying two platforms, send one up and, then, bring the one that's down, now we had that 55 minute time frame to charge it up, so we can continue to the process. The problem with the Mavic platforms is that they can't operate at very cold Meridian City Council Work Session January 16,2024 Page 8 of 9 temperatures. So, as soon as it gets below 14 degrees they are not operational, which so given any circumstance in the last couple of days we would not be able to utilize those programs -- those platforms and, then, they can't operate in any sort of precipitation or high winds. Also, especially during the wintertime, in the winter months, are going to limit the opportunity for us to utilize that platforms to large frames, the M300 that we currently have and the one that we are requesting the amendment for, those consumption and rain, snow, winds in excess of -- oh, -- well, 12 mile an hour winds, where the other ones are ten and a half mile an hour's -- is their wind resistance speed. They can fly out further by an additional 1.5 kilometers and, then, again, flight time is really the big thing with the battery changes. They come with battery warmers in cases they deploy, so the batteries are constantly staying warm and up to temperature. Simison: So, any additional questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: If there is no other questions, I move we approve the fiscal year 2024 budget amendment in the amount of 35,000 dollars for purchase of an additional UAV -- unmanned aircraft system. Strader: Second. Simison: Have a motion and a second to approve Item 12. Is there any further discussion? Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Just if I could, a quick comment. So, I had the -- I don't know if you call it opportunity or privilege, but this incident that you are describing, I watched it from my second story window of my house. So, when you mentioned 30 to 35 minutes and 50 minutes, that's a significant deal and I'm -- and I'm watching the drones working and I watched the officers and what was pretty amazing about the whole thing is my kids were asleep, you know, it ended, you know, I could see it. The kids didn't know it happened. The neighbors didn't know it happened. It was operated. It was quiet. And I saw the drones doing the work and I'm convinced that that's led to other people not being harmed in the situation and so I'm very supportive of it and I do think this is an incredible asset to add to that, that in terms of officer safety, but also community safety. So, I think it's a great addition and I -- you might think 30 to 35 minutes up to 50 minutes doesn't seem like a lot, but I can just say in that current situation that was -- would have been a significant difference and so -- Ludwig: Especially when we are trying to apprehend somebody. Meridian City Council Work Session January 16,2024 Page 9 of 9 Taylor: Yeah. And to consider there may be circumstances outside of our control, like whether that could inhibit what we have. So, I think this is a really smart addition. I'm fully supportive of it. Simison: Thank you. Council, any additional comments? All right. Clerk will call the roll. Roll Call: Borton, yea; Cavener, yea; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: ALLAYES. Ludwig: Thank you very much. I appreciate your support. Thank you. Simison: Thank you, Kyle. Nice to see you here. With that we are at the end of our meeting. Do I have a motion? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Move we adjourn. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 4:46 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 2 / 6 / 24 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK �I C� E IDIAN� AGENDA ITEM ITEM TOPIC: Approve Minutes of the January 2, 2024 City Council Special Meeting Meridian City Council Special Session January 3,2024 Page 16 of 16 Perreault: I move we adjourn. Hoaglun: I will second the motion, Mr. Mayor. Simison: Have a motion and a second to adjourn. All in favor signify by saying aye. Opposed nay? The aye have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 5:49 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 1 / 16 2024 MAYOR ROBERT SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK �I C� E IDIAN� AGENDA ITEM ITEM TOPIC: Approve Minutes of the January 2, 2024 City Council Regular Meeting Meridian City Council January 2,2024 Page 12 of 12 (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 1 / 16 _/ 2024 MAYOR ROBERT SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK �I C� E IDIAN� AGENDA ITEM ITEM TOPIC: Cole Valley Christian Schools Inc. Water Main Easement (ESMT-2023-0185) ADA COUNTY RECORDER Trent Tripple 2024-002507 BOISE IDAHO Pgs=9 VICTORIA BAILEY 01/17/2024 08:24 AM CITY OF MERIDIAN, IDAHO NO FEE Cole Valley Christian Schools-Central Campus ESMT-2023-0185 WATER MAIN EASEMENT THIS Easement Agreement, made this 16th day of January 20 24 betweerfole valley Christian schools,Inc ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW,THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto, that after making repairs or performing other maintenance,Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings, trash enclosures, carports, sheds, fences, trees, or deep-rooted shrubs. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any -Water Main Easement Page 1 Version 04/17/2023 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 thereofagainst 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: Cole Valley Christian Schools, Inc STATE OF IDAHO ) ss County of Ada ) 1-5-2024 This record was acknowledged before me on by (name of individual), [complete the following i 'signing in a representative capacity, or strike the following if signing-i-m-im ividuat capaeii�� on behalf of Cole I alley Christian Schools, Inc. (name of entity on behalf of whom record was executed), in the following'representative capacity: G (type of authority su icer or a tee)) Notary Signature My Commission Expir";.-" TABITHA BROOK EPLER Notary Public- State of Idaho Commission Number 20213095 My Commission Expires Jul 7, 2027 Water Main Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 1-16-2024 Attest by Chris Johnson, City Clerk 1-16-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 1-16-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2028 Water Main Easement Page 3 Version 04/17/2023 THE LEGAL DESCRIPTION Page 1 OF 2 LAND MOM GROUP January 2, 2024 Project No.: 121048 EXHIBIT"A" COLE VALLEY CH RISTIAN SCHOOL CITY OF MERIDIAN WATER EASEMENT Water Easement No. 1 An easement located in the West Half of the Southeast Quarter of Section 29,Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Southeast Corner of Section 29 of said Township 4 North, Range 1 West; Thence North 89°22'00" West, a distance of 1321.44 feet on the South line of said Section 29, (from which point the South One Quarter Corner of said Section 29 bears North 89'22'00" West, a distance of 2642.71 feet); Thence North 00'56'00" East, a distance of 656.46 feet on the north-south mid-section line of said Southeast Quarter; Thence North 89'08'14" West,a distance of 10.00 feet to the POINT OF BEGINNING: Thence North 89'08' 14"West,a distance of 20.00 feet; Thence North 00*56'00" East, a distance of 20.00 feet; Thence South 89'08' 14" East, a distance of 20.00 feet; Thence South 00'56'00" West, a distance of 20.00 feet to the POINT OF BEGINNING. The above-described easement contains 400 square feet more or less. TOGETHER WITH: Water Easement No. 2 An easement located in the West Half of the Southeast Quarter of Section 29,Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Southeast Corner of Section 29 of said Township 4 North,Range 1 West; Thence North 89'22'00"West,a distance of 1321.44 feet on the South line of said Section 29, (from which point the South One Quarter Corner of said Section 29 bears North 89'22'00"West,a distance of 2642.71 feet); Thence North 00°56'00" East, a distance of 1163.08 feet on the north-south mid-section line of said Southeast Quarter; Thence North 89°08'51" West, a distance of 10.00 feet to the POINT OF BEGINNING: Thence North 89*08' 51"West, a distance of 13.00 feet; Thence North 00'56' 00" East, a distance of 20.00 feet; Thence South 89°08'51" East, a distance of 13.00 feet; Thence South 00'56'00" West, a distance of 20.00 feet to the POINTOF BEGINNING. The above-described easement contains 260 square feet more or less. TOGETHER WITH: 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939.4041 thelandgroupinc.com January 2, 2024 Page 2 Water Easement No. 3 An easement located in the West Half of the Southeast Quarter of Section 29,Township 4 North, Range 1 West, Boise Meridian,Ada County,Idaho,being more particularly described as follows: Commencing at the Southeast Corner of Section 29 of said Township 4 North, Range 1 West; Thence North 89°22'00" West, a distance of 1321.44 feet on the South line of said Section 29, (from which point the South One Quarter Corner of said Section 29 bears North 89°22'00"West, a distance of 2642.71 feet); Thence North 00°56'00" East, a distance of 1419.85 feet on the north-south mid-section line of said Southeast Quarter; Thence North 89°23'12" West, a distance of 10.00 feet to the POINT OF BEGINNING: Thence North 89' 23' 12" West, a distance of 15.00 feet; Thence North 00° 56' 00" East, a distance of 20.00 feet; Thence South 89' 23' 12" East, a distance of 15.00 feet; Thence South 00' 56'00" West, a distance of 20.00 feet to the POINT OF BEGINNING. The above-described easement contains 300 square feet more or less. PREPARED BY: The Land Group, Inc. o�p.L LAVb a '7880 2 s�1-2-2024 r �o, �y gfOF �aP/ James R. Washburn, PLSSR gPp,� Site Planning• Landscape Architecture• Civil Engineering• Surveying 462 E. Shore Drive,Suite 100• Eagle,Idaho 83616•P 208,939.4041•www.thelandgroupinc.com S89022'35"E 1325.02' C1/4 — — — — — — — — C-E 1/16TH 1 00 0 r WATER EASEMENT No. 3 WATER EASEMENT No.2 I� Lcli Nd I 0 o a 7880 o 1-2-2024 vCDi I P� � �Tf OF WATER EASEMENT No. 1 rl I N O M U3 - N LO W N c0 On CDN I r r to CD E-I z l I EI� I I Wla S.29 1321.27' 1 S.29 S.28 S.32 rat-- — R/W — —N89°22'00"W 2642.71 R/W yR/W1 — —5 C.0 W W.MWILLAN ROAD— ` — — — 1321.4 S.3I S.33 (BASIS OF BEARING) �1 � 0 0 250' 500' Exhibit B - ;` Horizontal Scale:l" = 250' Project No.:121048 j Date of Issuance:December 28,2023 s =THE Water Easement a ri i�i•►. LAND Cole Valley Christian School o GROUP City of Meridian e r Disc C-E 1/16TH WATER EASEMENT No.1 ±400 SOFT. L4 Line Table I ICD EBEARING LENGTH J J N89°08'14"W 10.00' L2 L1 L2 N89°08'14'W 20.00' POB c cM M I L3 N00°5600"E 20.00' u, h L4 S89°08'14"E 20.00' CD o p L5 S00°56'00"W 20.00' 'L 0 S.29 1321.27' t S.29 S.28 5.32 ` N89°22'00"W 2642.71' S.32 S.33 W. McMILLAN ROAD 1321.44' W (BASIS OF BEARING) p � � p0 Lco T �r D S, CQ ti 7 80 Ow 1-2-2024 OF �OP�o R.yl'A� 0 30' 60' Exhibit 6 ��. a Project No.:121048 Horizontal Scale:l" = 30' Date of Issuance:December 28,2023 z TH E Water Easement E9 LAND Cole Valley Christian School o Pq€ p City of Meridian �" g �..� Ewa C-E 1/16TH Line Table LINE BEARING LENGTH L6 N89'0851'W 10.00' r` L7 N89'08'51'W 13.00' Ci WATER EASEMENT No.2 L9 Q L8 N00'56'001 20.00' 4-260 SO.FT. �1 L9 S89'08'51'E 13.00' I o I J L10 S00.56'0011W 20.00' I I J 77' L6 POB CID I O N Flo � I ` ILO la w o S.29 _ _ 1321.27' S.29 S.28 S.32 Y N89°22'00"W 2642.71' ~ — — — — — W W. McMILLAN ROAD 1321.44' S.32 S.33 (BASIS OF BEARING) low a o�AL AND I � � ��5ti F,G Fo lrpG l a 7880 WO W 1-2-2024 Jy�TgTE OF R.WA� a L Exhibit B o 30' so' $ Horizorrtal Scale: 1° = 30' Project No.:121048 s Date of Issuance:December 28,2023 —.THE Water Easement A€ LAND Cole Valley Christian School o J4o GROUP City of Meridian co �J Line Table c-E 1/16TH r LINE BEARING LENGTH 1-11 N89°23'12"W 10.00, L12 N89'23'12'W 15.00' L13 N00'56001 20.00' c L14 S89'23'12"E 15.00' WATER EASEMENT No.3 L14 0 �� L15 S00°56'00'W 20.00' ±300 SO.FT. r� I 2 I Ji iJ L12 L11 POB c W N Qj W I V O E �0 QI t S.29 _1321.27' S.29 S.28 —5.3�27 N89°22'00"W 2642.71' — — — — — — W. McMILLAN ROAD S.32 S.33 1321.44' (BASIS OF BEARING) L�N a 7880 0 W 1-2-2024 0 �9 TE of 0 k WA � ;a N Exhibit B o 30' so' s Horizontal Scale: 1" = 30' Project No.:121048 ADate of Issuance:December28,2023 bw THE Water Easement LAND Cole Valley Christian School o �... P City of Meridian ass S�°a �I C� E IDIAN� AGENDA ITEM ITEM TOPIC: Final Plat for Matador Estates (FP-2023-0024) by Marty Camberlango, Quantum Ltd., Inc., located at 1235 E. McMillan Rd. STAFF REPORT E IDIAN--- COMMUNITY DEVELOPMENT DEPARTMENT DATE: 1/16/2024 � =T Legend TO: City Council Pro ect Loco for IMP FROM: Sonya Allen,Associate Planner 208-884-5533 NMI . SUBJECT: FP-2023-0024 'rl ff Matador Estates I PROPERTY LOCATION: 1235 E. McMillan Rd.,in the NE 1/4 of , Section 31,T.4N., R.IE. (Parcel .� #R1608650122) I. PROJECT DESCRIPTION Final plat consisting of 14 building lots and two(2) common lots on 4.84 acres of land in the R-4 zoning district. II. APPLICANT INFORMATION A. Applicant Marty Camberlango, Quantum LTD, Inc. — 1110 N. Five Mile Rd., Boise, ID 83713 B. Owner: Same as Applicant C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat LH- 2022-0079 as required by UDC 11-6B-3C.2. The proposed final plat depicts the same amount of building lots and slightly more common open space(as required)than the approved preliminary plat. Therefore, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat 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. Page 2 V. EXHIBITS A. Preliminary Plat(dated: 5/12/22) W -ur ynr eiwn.w n iv.a 4wwm. � 1 = I 71. sill, a aji • Page 3 B. Final Plat(dated: 1/8/2924) lit 0 YY iCC4 n gS � sd vi�k q��YfY �E}• as�e �� ��i a Sg�a� ! �.l F$S$ r 3} �9 ppE[@@E99 p off 3 3 ^��1l�1 a ik�� $kl�"�IQ9nFebea i ��i}�i'ac°ssL�E? t a N fl E MdKLANNOMIRAJC1 3 asu�s os•z�arMas 1016.R 3�WEB 9K.]1 9ee.12 yi 9 arOIL,1]1]a. st EE]s]w $aA _ JW_x as srasrw n/x_ Q aorastor T oommoMtm 8 `_____ Sev wvi.•¢/� er w z2n ,o,el• � ,]otl ns � I y p � ' J I fl Oho -Oiw4ww nos- Ig '_ — _ _ nil•v (Y.j /*xill p ll ( 8 U V S fiaaR I ! a � � L SrMOtE 110x-� Ija I %9v tllsl ^O W `^�,c s, I ' Yg� L •Pi dQ o -� AI -sr r aw[ ,m - �� I ;I � I Q ala 1-r •"e c L---Cv ararE NOT LIB ► rti Y srMWE lrsr- Q 8r1� A 8a Q r ` ar•aE lesr--- III a4l Q_R� iw� � RE t 1g65 3 -arearE ,stla- I- ` ———sr4w, t00r 'j s n.,n W Z r a&1 O®�o•..�_• I t ^ 5steil •''Y�d srOMWE ISE.x a R' �" srarw mr I S R C 4' R S 6= + P b aer 11AA it lK 3 A n'OCFN nl.tl,lal� E iE100iCNY sr 1oiCl A _ ary- --- - - --pr—srervr ]]ltl sa._p e]ea -J aIskCvS�. p_ FR °Ala 84�9pk 17 sl§xpc �s� x 1 , �g I � Q I 'a I I I I oiappasseaa essRe .. � �_ I I i I � I I� �RBBB�.nEzlsnaxlrc>wra sn iisG'JY�°'27E:•'ispiaA �� r ov �a,es�e_r�dQ�x_ IA_x a n� �_ •T�tRln�Qa� 7_ - y a]v�vv neme�'ao,un ea z x.v� rzaQ.n�nwvm],e]•, :,>)6 SI6 6 6 E MOR H - TJ'F aT]a Page 4 C. Landscape Plan(dated: 1/10/24) NOISIAmons S31V1S3 manyw �'•+� L Cr—,— G0108 NV7= i gg 110a� y ?li ! pq`pi a° �n �A I I!•�, b6 Bi�� g ya q� �9 + 1� f � lS '� • i9 9 �i YJ 9 9 - t -f I e a a ea DB 4• s ii� L ii }1 Y pliuvh IIII I fi I I{e�R O I I !� IUId , .0 d �ii � it�io iio +� '• r' i t I i ,!� I{ I '�it�'lie4�' I. I I � � r t� •. � , ! a rl•• � iij ,�� � I' p Page 5 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 fH-2022-0043, DA Inst. #2023-0153921. 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the date of approval of the preliminary plat(by November 9, 2024), 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 aclaiowledgement signed and notarized. 4. The final plat prepared by Akemi Wells, Compass Land Surveying, PLLC, included in Section V.B, dated 1/8/24,shall be revised prior to submittal of the final plat for City Engineer signature, as follows: a. Note#4: Include the recorded instrument number of the ACHD sidewalk easement. b. Note#16: Include the recorded instrument number of the ACHD sidewalk easement. c. Note#17: Include the recorded instrument number of the City waterline easement. 5. The landscape plan prepared by Harvest Design, dated 1/10/24 included in Section V.C, shall be revised prior to submittal of the final plat for City Engineer signature, as follows: a. Depict shrubs along with the proposed trees and vegetative groundcover along the pathway on Lot 6, Block 1 in accord with the standards listed in UDC 11-3B-12C. 6. The existing home proposed to remain on Lot 5, Block 1 shall be required to connect to City water and sewer service within 60 days of it becoming available and disconnect from private service, as set forth in MCC 9-1-4 and 9-4-8. 7. The address for the existing home on Lot 5, Block 1 is required to change since access will no longer be provided from McMillan Rd. The Applicant should coordinate the new address with the Land Development Dept. (kjohnston@meridiancity.org). 8. Staffs 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://weblink.meridiancih;.org/WeUink/DocView.aspx?id=329545&dbid=#&repo=Meridi ML � C. Idaho Transportation Department(ITD) https://weblink.meridiancin1.org/WeUink/DocView.aspx?id=321955&dbid=#&repo=Meridi meu D. Department of Environmental Quality(DEQ) https://weblink.meridiancih,.org/WeUink/DocView.aspx?id=317460&dbid=l&re,2o=Meridi aac—ill Page 6 �I C� E IDIAN� AGENDA ITEM ITEM TOPIC: Final Order for Centerville Subdivision No. 2 (FP-2023-0022) by Kent Brown Planning Services, located near the southeast corner of E. Amity Rd. and S. Hillsdale Ave. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: JANUARY 2, 2024 ORDER APPROVAL DATE: JANUARY 16, 2024 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 47 BUILDING ) CASE NO. FP-2023-0022 LOTS AND 8 COMMON LOTS ON ) 12.30 ACRES OF LAND IN THE R-8 ) ORDER OF CONDITIONAL & R-15 ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT CENTERVILLE SUBDIVISION ) NO.2. ) BY: KENT BROWN PLANNING ) SERVICES ) APPLICANT ) This matter coming before the City Council on January 2, 2024 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 CENTERVILLE SUBDIVISION NO. 2, LOCATED IN THE NORTHWEST 1/4 OF THE NORTHEAST '/4 OF SECTION 33, TOWNSHIP 3N, RANGE IE, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2023, HANDWRITTEN DATE: 9/14/2023, by Clinton W. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR (CENTERVILLE NO. 2-FILE FP-2023-0022) Page 1 of 3 Hansen, PLS, SHEET 1 OF 5," is conditionally approved subject to those 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 January 2, 2024, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein, and the response letter from Kent Brown, a true and correct copy of which is attached hereto marked "Exhibit B" 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR (CENTERVILLE NO. 2—FILE FP-2023-0022) Page 2 of 3 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- 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- 16th day of January , 2024. By: Robert E. Simison 1-16-2024 Mayor, City of Meridian Attest: Chris Johnson 1-16-2024 City Clerk Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 1-16-2024 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR (CENTERVILLE NO. 2 —FILE FP-2023-0022) Page 3 of 3 EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 1/2/2023 DATE: Legend aProject Location ` TO: Mayor& City Council FROM: Stacy Hersh,Associate Planner . " 208-884-5533 f SUBJECT: Centerville No. 2 FP-2023-0022 LOCATION: Southeast corner of S. Hillsdale and E. Amity, in the NW 1/4 of the NE 1/4 of Section 33, Township 3N.,Range IE. I. PROJECT DESCRIPTION Final plat consisting of 47 single-family residential building lots and 8 common lots on 12.30 acres of land in the R-8 and R-15 zoning districts for Centerville Subdivision No. 2. II. APPLICANT INFORMATION A. Applicant: Kent Brown,Kent Brown Planning Services —3161 W. Springwood Drive, Meridian, ID 83642 B. Owner: Corey Barton, Endurance Holdings, LLC— 1977 E. Overland Road, 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- 2021-0046)and associated conditions of approval as required by UDC 11-6B-3C.2. There is the same number of buildable lots(47) and common open space(8 common lots)depicted on the proposed final plat as shown on the approved preliminary plat. Therefore, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. -- Page 1 IV. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. Page 2 V. EXHIBITS A. Preliminary Plat(date 6/25/21) R),! ��`` ' cam. — - •�•�`=.- fi a IIRR 1 I ® N I �-7`�a•m N — 1 — en PRE-1 _ M i� . ... IP u! AM �E;`3t = e j a 131 PRE-2 Page 3 11�1lo 1 — alydo 6 o PWAIG ftLfi��MATE LW Uy 611EE1&GM..ft!WYQ 4T MR,IGVD B. Final Plat(date: 10/18/2023) PLAT SHOWING CKN7'A'R1'II,I,h' :iUB"YVISION NO. PGROGAIS OF LOTS I AND]OF BLOCK I OF OARWIM ACRES 331EDIM5ID" AID A PDRUO1 OF B BAYS O RWM INE NM S NOR XTR.6RANGE'T!F NEIEAS6 X 5EOT1[N 13.TONNSIOP T-MUSE MERIDIAN.ADA COUNTY,IDANO ---------------.---.—._—.—._._.-i1',q.,i._.__._-_._.—._._----.r—aa —� --_. sin zozs vl SSe]]. v N awrr.at 333,1! _- r ]aab'o'w � j �roci.tl>YEBc— aoa i— _ 0 0 0 p l ®••u Zrp A •• ,A—haf,rme .�.Inpgnw.Ear n lover.r tn.Kw.ww. xa A D rD m— I C 60[4PAPA fT. parbp.Ema.wx Y.r.pr d d]rel.1 PIMP P.Prw My A- Wlk AYM -`br ma aa�e a�.w I'wi.tl,.n 137 "� I o, P.a.w r En v.I.aw s w�a Y,e.Io-]a flea�a w,aw„b we rw.eld.. d.dmdd a Rw E^rIC .I% Mn.a n O wr.� Se1i� © FFFy C � I en In. vayll�5.r.r1r0n«C� b w».\ + • ew0 M .d S..rlm.0.110]Nde mod.R..WH.Ee.w�.nl N —� .Opnul a.d Vet�tenmve or IM Swn�walx bwiaP ENlan. rM wnf«• f.a. ' ® E. 1.1 Ie4R.d Lva ES eDd».Dkw S.1A.4.ZA �e Sl.RW 3 as i � rr .p.q'.R«wo O I 3,flal...av�«m bl..Fps VM om.tl we rrvalV.�.y by w•0 PrTP ' E.'e..,eal.w.�w.ns.nno.Mlw eMTp • n. II..I..Prt W..I^�•e7Y,u a.I.rn.I�t.l�rra. ] yY V��; a P.Iret bmD. KCI wr P/da{9T. a Pii Vuo GwwrS brM»title le a b 1-1 1 ,x"en.n YM S^ASK � �'� B+iT] � •ar: ] E t a N«.a bw D I p.�wr wxw.v�x...�I�w..w Ew,s. Z.A.Lel lkw c :1 Q __ a ml.°I'M'ra`w.aMia a I�..Aekr°,.e wY"aY.r I;atlYl T.iprsgl&k A. CA,0 VN9w NMr Ew.nwl- i ' ><i 1? __ _. ewlrx"<.S..Ir—_ __ � I. ><uAq.•p fr Q IAaa f _ Rftl �z ® ® 0 ® ®• © ® i �"��° r I RDpYewPro.weE."Yw Yo. a er.Ives eele-ee SWEET 1 lK 6 eM]e'»Y W03' yyz ]Y P.tiwil] �J� 'Aal iley EnEineerinEl Inc. G �PIr.VS�E .eve,x r.o VPT-NM w awAVy.w.rrw I OqS Sow P f..-f� MDrV.4l,�1 en,.�ixi.• SCALE n[Ai IME ER6wEElIRaIPIUNPBICA00 Page 5 I � -M121 Mall _ y mn�_�� �00000000a o0 • ■! �r:€i -■ �i�t�1 f■s11 �'II' �:1=F: —�■will �� •�%� �*61 !■ SEEN /■� IL ■w OWN ■rjj low I J !■ mows ■■—ili I 0 _ dim■ mmlm C■■p .■ non . � o*1� ■i■■ ■i.i mi■ • �e I II u I—� eee�o�opp 11 L---------------JA 11 F9 aANT NOTE ....... ---------------- - --- -------- ------------- =--Z= OM MAP &= -------------- -------------- -------------- (4 --------------- z ----------------I z BLOM 5 LU CL --- ---------- --------- ------ -- Ll z w - -------- ------------ --------- -------------- &OCK 7 0 L2 PLANT SCHEVULE I ME R.- SE-9E�=-- Ism PRW�Y MME NOTES 0 z z 0 CL ==Nl. Mir (j) w I LANDSICAPI!CALCULATIONS LM� �TER OW E� ODA" Page 7 D. Open Space Exhibit UPEN VMS Ep1�T N NO. L .9j TTIAI t z X 0 L W 0 j >W W 0 > w (L z 0 w W, (L LZJ it 05 Page 8 E. Conceptual Elevations CBH +art CENTERVILLE SINGLE FAMILY ON 50'WIDE LOTS ------------- CBH CENTERVILLE SINGLE FAMILY ON 36'WIDE LOTS .-T .. I! Page 9 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 [H-2022-0046 (DA Inst. #2022-084254), FP-2023-0009]. 2. The applicant shall obtain the City Engineer's signature on the final plat within two(2) years of approval of the preliminary plat(by August 9, 2024); or a time extension may be requested. 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 shown in Section V.B prepared by Clinton W. Hansen Bailey Engineering, Inc., shall be revised as follows: a. Note 95: Include the recorded instrument number of the ACHD permanent easement for the sidewalk. b. Revise Note #7 to read: "Lot 15, Block 6 is for a private street for the benefit of Lot 16, Block 6." c. Note #8: Include the recorded instrument number of the ACHD temporary license agreement. d. Note 99: Include the recorded instrument number of the City of Meridian Utility easement. e. Add 910: Include the recorded instrument number of the existing City of Meridian Development Agreement. An electronic copy of the revised plat shall be submitted with the final plat for City Engineer signature. 5. The landscape plan shown in Section V.C,dated 10/18/23 prepared by Jensen Belts Associates, PLLC, shall be revised as follows: a. Include mitigation calculations on the plan for existing trees that are proposed to be removed in accord with the standards listed in UDC,11-3B-IIC.5. The Applicant shall coordinate with the City Arborist(Kyle Yorita ki orita(a�,meridiancit),.orQ)to determine mitigation requirements prior to removal of existing trees from the site. 6. The private street located on Lot 15,Block 6 was approved with the preliminary plat, and a tentative approval was granted for the private street application (A-2021-0222). The Applicant shall provide the following documentation in accordance with UDC 11- 3F-3 prior to City Engineer's signature on the final plat for the private drive. Upon tentative approval of the application by the director subject to any applicable conditions of approval and the regulations of chapter 5, "administration", of this title, the applicant or owner shall have one (1) year to complete the following tasks. 1. Obtain approval from the Ada County Street Name Committee for a private street name(s); 2. Contact the transportation authority (ACHD) to install an approved street name sign that complies with the regulations of the Ada County uniform street name ordinance; 3. Create a perpetual ingress/egress easement or a single platted lot for the private Page 10 street to all properties served by such private street; and 4. The applicant or owner shall provide documentation of a binding contract that establishes the party or parties responsible for the repair and maintenance of the private street, including regulations for the funding thereof. 5. Upon completion of the items noted above, the director shall issue a letter stating that the private street has been approved.No building permit shall be issued for any structure using a private street for access to a public street until the private street has been approved. 7. The elevations/facades of 2-story structures that face E.Amity Road,an entryway corridor, and S. Hillsdale Avenue Street, a collector street, shall incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses,step-backs, pop-outs),bays,banding,porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. 8. No building permits shall be submitted until the final plat for the associated phase is recorded. 9. The Applicant shall pipe and reroute the Cunningham Lateral segment present on this property and comply with the standards in UDC 11-3A-6. 10. The Applicant shall comply with all ACHD conditions of approval. 11. The Applicant shall obtain Administrative Design Review approval for the townhomes with submittal of the final plat or prior to issuance of a building permit. 12. The Applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes.Contact the Meridian Postmaster, at 887-1620 for more information. 13. 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.Ilweblink.meridiancity.orr/WebLink/Doc Kew.aspx?id=314839&dbid=0&repo=Meridian City C. Idaho Transportation Department https.11weblink.meridiancity.orzlWebLin k/Doc View.aspx?id=315090&dbid=0&repo=Meridian City Page 11 EXHIBIT B Chris Johnson From: kent brown <kentlkb@gmail.com> Sent: Friday, December 22, 2023 7:34 AM To: Stacy Hersh Cc: Bill Parsons; Bill Nary; Kurt Starman; Chris Johnson; Tina Lomeli; Charlene Way Subject: Re: Centerville No. 2 FP-2023-0022 External Sender-Please use caution with links or attachments. Stacy thank you for the staff report. After reviewing the staff report we are in agreement with the conditions of approval and will comply Kent Brown On Thu, Dec 21, 2023 at 3:40 PM Stacy Hersh <shersh@meridiancity.org>wrote: Good Afternoon, Attached is the staff report for the final plat for Centerville Subdivision No. 2.This item is scheduled to be on the consent agenda at the City Council work session on January 2, 2023.The meeting will be held at City Hall, 33 E. Broadway Avenue, beginning at 4:30 pm. Please call or e-mail with any questions. If you are not in agreement with the provisions in the staff report, please submit a written response to the staff report to the City Clerk's office (comment@meridiancity.org and me as soon as possible and the item will be placed on the regular meeting agenda at a subsequent meeting for discussion. Best regards, Stacy Hersh I Associate Planner City of Meridian I Community Development Department 33 E. Broadway Ave., Meridian, Idaho 83642 Phone:(208)-489-0576, Fax: (208)-887-1297 z Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention,and may be released upon request unless exempt from disclosure by law. Kent Brown Kent Brown Planning Services 3161 E. Springwood Drive Meridian, ID 83642 P: 208-871-6842 2 �I C� E IDIAN� AGENDA ITEM ITEM TOPIC: License Agreement with Nampa & Meridian Irrigation District to allow the City of Meridian to cross the Hunter Lateral along E. Idaho Ave. Mayor Robert E. Simison City Council Members: E IDIAN Joe , President � Liz Stradertrader,Vice President D A H O Doug Taylor John Overton Anne Little Roberts Luke Cavener January 9, 2024 MEMORANDUM TO: Mayor Robert E. Simison Members of the City Council CC: Click here to enter text. FROM: Tyson Glock Staff Engineer II RE: LICENSE AGREEMENT WITH NAMPA & MERIDIAN IRRIGATION DISTRICT (NMID)TO ALLOW THE CITY OF MERIDIAN TO CROSS THE HUNTER LATERAL ALONG E IDAHO AVE. I.RECOMMENDED ACTION A. Move to: 1. Approve the attached license agreement with NMID 2. Authorize the Mayor to sign the agreement IL DEPARTMENT CONTACT PERSONS Tyson Glock, Staff Engineer 11 208-489-0358 Kyle Radek—Assistant City Engineer 208-489-0343 Warren Stewart, City Engineer 208-489-0350 Laurelei McVey, Director of Public Works 208-985-1259 III. DESCRIPTION A. Background Public Works Department . 33 E.Broadway Avenue, Suite 200, Meridian,ID 83642 Phone 208-898-5500 . www.ineridiancity.org NMID's Hunter Lateral irrigation line crosses E Idaho Ave between NE 2",St and NE 3"' St. The City needs a license agreement in order to do work in the area of the Hunter Lateral. B. Proposed Project The City is installing new water and sewer mains from N Main St to NE 61h St along E Idaho Ave. Both water and sewer will cross under the Hunter Lateral Irrigation main. The work in the area of the Hunter Lateral cannot occur without this license agreement. C. Consultant Selection JUB Engineers, Inc are the design engineer. The contractor has not be selected but we are currently out to bid. Bids are due February lst, 2024 IV. IMPACT A. Strategic Impact: We are replacing existing sewer mains that are nearing 100 years old and the end of their useful life. We are also taking this opportunity to replace again water infrastructure so we do not need to go back at a later date in rip up E Idaho Ave again in the future. B. _Service/Delivery Impact: The crossing of the Hunter Lateral irrigation main has no impact on existing services and does not impact our ability to service our residents. VI. TIME CONSTRAINTS The Water and Sewer Main Replacement Project — E Idaho Ave, N Meridian Rd to NE Oh St is currently out to bid. Bids are due by February 1", 2024. We need the agreement in place before the work begins. VII. LIST OF ATTACHMENTS NMID Inter License Agreement Approved for Council Agenda: 4L- L� Public Works Department . 33 E.Broadway Avenue, Suite 200,Meridian,ID 83642 Phone 208-898-5500 . www.ineridiancity.org LATE- 15 February 2024 TO. Sawt®®th Law Offices, PLLC FROM: NA PA & MERIDIAN IRRIGATION DISTRICT License, Easement, Project and/or Crossing Agreement(s) Approved on 06 February 2024 Project Agreement 8 pages The City of Meridian Hunter Lateral Instrument#2024-006803 License Agreement 9 pages Cable One, Inc. Rosenlof Drain Instrument#2024-006804 ADA COUNTY RECORDER Trent Tripple 2024-006803 BOISE IDAHO Pgs=8 NIKOLA OLSON NAMPA MERIDIAN IRRIGATION DIST 02/09/2024 02:09 PM NO FEE 01316524202400068030080087 PROJECT AGREEMENT This PROJECT AGREEMENT, made and entered into this � day of 5��� 2024, 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, party of the first party,hereinafter referred to as the"District," and THE CITY OF MERIDIAN, a political subdivision and municipality of the State of Idaho, 33 East Broadway Avenue,Meridian, Idaho 83642 party or parties of the second part,hereinafter referred to as the "City," WITNESSETH: WHEREAS, the parties hereto entered into a Master Agreement entered into March 18, 2014 and recorded as Instrument No. 114029168 in the records of Ada County, Idaho, hereinafter referred to as the"Master Agreement;" and, WHEREAS, the District and the City intended by entering the Master Agreement to establish a process for the City's submission of encroachment proposals and the District's consideration of such proposals and to provide the general conditions for the District's approval and permission of encroachment proposals affecting the District's ditches, property,operations and maintenance; and, WHEREAS,the City is the owner of the real property/right of way/license(burdened with the easement of the District hereinafter mentioned)particularly described in the"Legal Description"attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District controls the irrigation/drainage ditch or canal known as the HUNTER LATERAL(hereinafter referred to as"ditch or lateral")together with the real property and/or easements to convey irrigation and drainage water,to operate and maintain the ditch or lateral,and which crosses and intersects said described real property of the City as shown on Exhibit B attached hereto and by this reference made a part hereof;and, WHEREAS,the City seeks permission to: 1) construct and install a new 8-inch sewer main,which will cross ten-feet(10')below the Hunter Lateral where it crosses E. Idaho Ave., just east of the E. 2nd Street intersection and within the District's easement for the Hunter Lateral; and 2)construct and install a new 8-inch water main,which will cross three-feet(3') below the Hunter Lateral and placed in a sleeve where it crosses E. Idaho Ave.,just east of the E. 2nd Street intersection and within the District's easement for the Hunter Lateral, under the terms PROJECT AGREEMENT Page 1 of 5 and conditions of said Master Agreement and those hereinafter set forth, NOW,THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth and those set forth in said Master Agreement,the parties hereto agree as follows: 1. City may: a)construct and install a new 8-inch sewer main,which will cross ten- feet(10')below the Hunter Lateral where it crosses E. Idaho Ave.,just east of the E. 2nd Street intersection and within the District's easement for the Hunter Lateral; and b) construct and install a new 8-inch water main, which will cross three-feet(3)below the Hunter Lateral and placed in a sleeve where it crosses E. Idaho Ave.,just east of the E.2nd Street intersection and within the District's easement for the Hunter Lateral,located in Meridian, Idaho as shown in the attached project plans stated as Exhibit B-1. 2. Any construction or crossing of said ditch or lateral shall be performed in accordance with the project plans shown in Exhibit 13-1 and the"Special Conditions"stated in Exhibit C, attached hereto and by this reference made part thereof. 3. The parties hereto incorporate in and make part of this Project Agreement all the covenants, conditions, and agreements of said Master Agreement unchanged except as the result of the provisions of this Project Agreement. The covenants, conditions and agreements herein contained and incorporated by reference shall constitute covenants to run with,and running with,all of the lands of the City described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. END OF TERMS - SEE FOLLOWING PAGES FOR SIGNATURES PROJECT AGREEMENT Page 2 of 5 IN WITNESS WHEREOF, the District has hereunto caused its corporate name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the City has hereunto subscribed its corporate name to be subscribed and its seal to be affixed thereto, all as of the day and year herein first above written. NAMPA&MERIDIAN IRRIGATION DISTRICT ��By _ Its President ATTEST: Its Secr tary _ THE CITY OF MERIDIAN By—, Its obe . S Imison 1-16-2024 ATTEST: QO -IED AUG ? 01y of v ity Clerk, Oil i u-2024 E I $DAN IOAMO SEAL �yTFR.Of the TREPS Q PROJECT AGREEMENT Page 3 of 5 STATE OF IDAHO ) ) ss: County of Canyon ) On this (o day of 2024,before me,the undersigned, a Notary Public in and for said State,personally tpj�are linton Pline and Michael Comeskey, known to me to be the President and Secretary,respectively, of NAMPA &MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,the day and year in this certificate first above written. 4'C*.""•6.41% 1. Notary Public for v �OTARy' ' Residing at My Commission Expires: A66 q 2-017 o UB L I C t,5,% �IV, 2oj;,-:O STATE OF IDAHO OF i'•.,,,�Islaso••••.o ss: County of Ada ) On this 1 6th day of January 2024 before me,the undersigned, a Notary Public in and for said State, personally appeared Robert E. Simison and Chris Johnson known to me to be the Mayor and City Clerk ' The CITY OF MERIDIAN,the entity that executed the foregoing instrument and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. —C& Ak Notary Public for daho CHARLENE WAY Residing at Meridian , ID COMMISSION No. 67390 MY Commission Expires: 3-28-2028 NOTARY PUBLIC STATE OF IDAHO PROJECT AGREEMENT Page 4 of 5 EXHIBIT A Legal Description The City owns a right of way for a water line and sewer line located within the Road right-of-way for E. Idaho Avenue in the NW1/4 of Section 7,Township 3 North,Range 1 East, B.M., Meridian,Ada County, Idaho. EXHIBIT B ,Crossing Location See Exhibit B-1 attached hereto. EXHIBIT C ��ecial Conditions a. Construction of the sewer line and water line provided for in this Project Agreement shall be in the locations and in accordance with Exhibit B-1, attached hereto and by this reference made a part hereof. b. City shall notify the District prior to (at least 24 hours in advance)and immediately after construction so that the District or the District's engineers may inspect and approve the construction. C. City 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 those purposes, and that, in the location of the City's project, NMID claims a minimum easement dimension for the Hunter Lateral of 40 feet, 20 feet to either side of the centerline. d. Construction authorized by this Agreement shall be completed during the non- irrigation season. Construction shall not commence prior to October 15,2023 and shall be completed prior to March 15, 2024. Time is of the essence. e. The duration of the permission granted by this Project Agreement shall be in perpetuity, for the life and maintenance of the encroachments including construction, operation, maintenance, repair and reconstruction. 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G S ;a 5 Suite 400 .i ; UEINL$ '1 1 Meddien,ID 83642 t,emm � y �I C� E N DIAN,- AGENDA ITEM ITEM TOPIC: Interagency Agreement between the City of Meridian and Ada County Highway District for Roadway Improvement to be included with the Water and Sewer Main Replacement, E. Idaho Ave., N. Meridian Rd. to NE 6th St. (City Project#10567) Mayor Robert E. Simison ETIDLIAN'-1Ciry Council McJohnJoe Borton John Overton Liz Strader Jessica Perreaut Public Works Brad Hoaglun Luke Cavener Department TO: Mayor Robert E. Simison Members of the City Council FROM: Tyson Glock Staff Engineer II DATE: January , 2024 SUBJECT: INTERAGENCY AGREEMENT BETWEEN ADA COUNTY HIGHWAY DISTRICT AND THE CITY OF MERIDIAN FOR ROAD WAY IMPROVMENTS TO BE INCLUDED WITH THE WATER AND SEWER MAIN REPLACEMENT —E IDAHO AVE, N MERIDIAN RD TO NE 6TH ST. CITY PROJECT#10567 REQUESTED COUNCIL DATE: I. RECOMMENDED ACTION A. Move to: 1. Approve the attached agreement with Ada County Highway District(ACHD) 2. Authorize the Mayor to sign the agreement II. DEPARTMENT CONTACT PERSONS Tyson Glock, Staff Engineer II 208-489-0358 Kyle Radek—Assistant City Engineer 208-489-0343 Warren Stewart, City Engineer 208-489-0350 Laurelei McVey, Director of Public Works 208-985-1259 I11. DESCRIPTION A. Backjzroun Page 1 of 2 The City is installing new water and sewer infrastructure in E Idaho Ave from N Main St to NE 61h St. As part of this project a significant portion of the road will be removed B. Proposed Project ACHD would like to incorporate a full road replacement into the City's Water and Sewer Main Replacement—E Idaho Ave,N Meridian Rd to NE 61h St project. This would involve removing all existing asphalt along E Idaho between N Main St and NE 6th St and repaving the road. C. Consultant Selection JUB Engineers, Inc are the design engineer. The contractor has not be selected but we are currently out to bid. Bids are due February 1", 2024 IV. IMPACT A. Strategic Impact: ACHD is being opportunistic by incorporating the asphalt replacement with the City's project. Portions E Idaho Ave will need to be paved as part of the City's project. By incorporating the ACHD's work, a separate ACHD project can be eliminated,reducing the impact to residents and business. B. .Service/Delivery Impact: Adding ACHD's paving to the City's project will have no impact on existing services and does not impact our ability to service our residents. VI. TIME CONSTRAINTS The Water and Sewer Main Replacement Project — E Idaho Ave, N Meridian Rd to NE 61h St is currently out to bid. Bids are due by February l st, 2024. We need the agreement in place before the work begins. VII. LIST OF ATTACHMENTS Interagency Agreement with ACHD Approved for Council Agenda: Page 2 of 2 INTERAGENCY AGREEMENT FOR: WATER AND SEWER CONSTRUCTION/ ROADWAY CONSTRUCTION E Idaho Ave. Water & Sewer Main Replacement MERIDIAN PROJECT NO. 10567 THIS INTERAGENCY AGREEMENT FOR WATER AND SEWER CONSTRUCTION/ ROADWAY CONSTRUCTION ("Agreement") is made and entered into this 16th day of January 20 24 by and between the ADA COUNTY HIGHWAY DISTRICT, a highway district organized under the laws of the State of Idaho ("DISTRICT" or "ACHD"), and the CITY OF MERIDIAN a municipal corporation organized under the laws of the State of Idaho ("_MERIDAN " or "City"), regarding MERIDAN Project no. —10567 RECITALS WHEREAS, _MERIDIAN is a municipal corporation organized and operating pursuant to Idaho Code Title 50, as amended and supplemented with jurisdiction, authority and police power to regulate and control municipal activities within the City; WHEREAS, ACHD is a single county-wide highway district, a public entity, organized and existing pursuant to Idaho Code Title 40, Chapter 14, as amended and supplemented, with the exclusive jurisdiction and authority to maintain, improve, regulate and operate public rights- of-way in Ada County; WHEREAS, Idaho Code § 67-2332 provides that one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity or undertaking which each public agency entering into the contract is authorized by law to perform, provided that such contract is authorized by the governing body of each party and that such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties; and WHEREAS, MERIDIAN and ACHD desire to undertake a cooperative effort to incorporate into City's water and sewer construction project known as WATER AND SEWER MAIN REPLACEMENT — E IDAHO AVENUE, N MAIN ST TO NE 6T" ST, to include certain modifications or improvements to DISTRICT'S owned facilities on E. Idaho Avenue from N. Meridian Rd to NE 6t" St. (collectively, "DISTRICT Roadway Improvements"), to be constructed pursuant to an agreement between City and the selected Contractor ("CONTRACT"); and WHEREAS, _MERIDIAN is willing to accommodate ACHD'S request by including the DISTRICT Roadway Improvements in the Project plans, subject to the terms, conditions and obligations set forth in this Agreement and so long as City receives assurances by the DISTRICT that it will fully reimburse City for all actual costs including, without limitation, any indirect costs and expenses that City incurs as a result of the additional work attributable to the modification or installation of the DISTRICT Roadway Improvements within the Project Boundaries; and Interagency Agreement for Water and Sewer Construction/Roadway Construction 12-13-2023 Page 1 of 8 NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. CITY SHALL: a. Be the party responsible for soliciting, receiving and opening of bids and for executing and administering the construction CONTRACT for the City Water and Sewer Improvements and DISTRICT Roadway Improvements referenced herein, which CONTRACT shall include, inter alia, a provision that all work required for the DISTRICT Roadway Improvements shall be performed in conformance with the most current edition of the Idaho Standards for Public Works Construction (ISPWC) and the most current DISTRICT Supplemental Specifications to the ISPWC. It is hereby specifically agreed that: i. Adjustment of water valve boxes and covers to grade shall include reconstruction in conformance with ISPWC Section 404, and H. Adjustment of sewer manholes to grade shall include reconstruction in conformance with ISPWC Section 602. b. Provide DISTRICT with a complete set of combined bid documents for the City Water and Sewer Improvements and for the DISTRICT Roadway Improvements. c. Furnish DISTRICT with an abstract of all bids received, and obtain DISTRICT'S written concurrence with City's recommendation for award of the CONTRACT prior to making such award. DISTRICT'S concurrence shall specifically acknowledge that the DISTRICT Roadway Improvements are and shall be subject to the terms and conditions of this Agreement. If DISTRICT does not concur, City shall remove the DISTRICT Roadway Improvements and if necessary, rebid the Project. DISTRICT shall be responsible and shall reimburse City for any and all costs suffered by City attributable to the removal of the DISTRICT Roadway Improvements from the Project and if applicable, the rebidding of the Project. d. Include in the CONTRACT, a term providing that DISTRICT will have the right and authority to work directly with the Contractor to resolve any claims relating in any way to the DISTRICT Roadway Improvements and that any such claims will be reviewed, approved or denied by DISTRICT including enforcement of the two (2) year warranty period to be started at the date described in the final acceptance letter from DISTRICT. e. Coordinate with DISTRICT should any changes be made to City's portion of the CONTRACT or work pursuant thereto that does or may impact the DISTRICT Roadway Improvements. f. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT. Interagency Agreement for Water and Sewer Construction/Roadway Construction 12-13-2023 Page 2 of 8 g. Submit to DISTRICT a copy of each design consultant billing attributable to the DISTRICT Roadway Improvements if applicable and Contractor progress payment estimate, and the final CONTRACT payment estimate, as such estimates are approved by City after obtaining DISTRICT'S concurrence regarding DISTRICT'S portion of the CONTRACT, together with an invoice for DISTRICT'S share of the construction CONTRACT costs earned by and to be paid to the Contractor. h. At the conclusion of the Project, submit to DISTRICT written documentation of expenditures with an invoice for payment of all costs and expenses the City incurs, in addition to those provided under paragraph 1.g. above, as a result of the additional work attributed to the District Roadway Improvements within the Project Boundaries, including but not limited to, costs or changed conditions, plan errors and omissions, and delays attributable to design and/or construction of the DISTRICT Roadway Improvements. i. Indemnify, save harmless and defend regardless of outcome, DISTRICT from expenses and against suites, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any negligent acts by City or City's officers, employees, agents or contractors while acting within the course and scope of their employment, which arise from or which are in any way connected to the City Water and Sewer Improvements. Such indemnification hereunder by City shall in no event cause the liability of City for any negligent act to exceed the amount of loss, damages, or expenses of attorney fees attributable to such negligent act, and shall not apply to loss, damages, expenses or attorney fees attributable to the negligence of DISTRICT. This duty to defend, indemnify and hold harmless is subject to the limitations of Idaho law, including Article VII Section 4, Idaho Constitution, and Idaho Code Title 6 Chapter 9 (the Idaho Tort Claims Act), and to any other limitations set forth in the Agreement. j. As applicable, provide for the reference and replacement of all pre-existing survey monuments within the Project. 2. DISTRICT SHALL: a. Provide establish the centerline or offsets and stationing for DISTRICT'S Roadway Improvements as well as the inspection, field survey and grade control required for the installation of all DISTRICT Roadway Improvements incorporated into the Project and modified and constructed under the CONTRACT and provide copies of appropriate tests and construction diaries to the City's Project Representative as designated by the City. b. Provide City with the special provisions if applicable, and stamped plans, bid quantities and an Engineers Estimate (or pursuant to Paragraph 1.g. pay City the actual cost if City's design consultant prepares the same) for the DISTRICT'S Roadway Improvements to be incorporated into the Project and included in the bid documents for the CONTRACT (all work required for the DISTRICT'S Roadway Improvements to be performed in accordance with the most current edition of the Idaho Standards for Interagency Agreement for Water and Sewer Construction/Roadway Construction 12-13-2023 Page 3 of 8 Public Works Construction (ISPWC), the DISTRICT'S Supplemental Specifications to the ISPWC, and the DISTRICT'S Revisions to the Standard Specifications). C. Remit to City, within thirty-five (35) calendar days after the date of any invoice referenced in paragraph 1 .g., all funds for which DISTRICT is responsible pursuant to the approved progress payment estimate and the final CONTRACT payment estimate. d. Remit to City, within thirty-five (35) calendar days after the date of invoice referenced in paragraph 1 .j., all funds for which DISTRICT is responsible pursuant to this Agreement. e. Reimburse City five percent (5%) of DISTRICT'S construction costs attributable to the DISTRICT'S Roadway Improvements as payment toward the additional costs incurred by City, including overhead and benefits, and project administration costs which include but are not limited to: public advertisement of the Project, supplying bid plans, supplying construction plans, preparing and holding the preconstruction meeting, generating monthly pay estimates and paying the Contractor, preparing change orders, general construction project oversight, and maintaining construction project files. f. Reimburse City for mobilization, traffic control, flagging, detours and weekly meetings on a prorated basis. The prorated basis for the above items will be calculated using the percentage of DISTRICT'S project costs as they relate to the total project construction costs. g. Reimburse City for any additional costs to City over and above costs specifically enumerated herein, where such costs are attributable to the DISTRICT'S Roadway Improvements or to the removal of any or all items from the CONTRACT that are associated with the DISTRICT'S Roadway Improvements. h. Indemnify, save harmless and defend regardless of outcome, City from expenses and against suites, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any negligent acts by DISTRICT or DISTRICT'S officers, employees, agents or contractors while acting within the course and scope of their employment, which arise from or which are in any way connected to the DISTRICT'S Roadway Improvements. Such indemnification hereunder by DISTRICT shall in no event cause the liability of DISTRICT for any negligent act to exceed the amount of loss, damages, or expenses of attorney fees attributable to such negligent act, and shall not apply to loss, damages, expenses or attorney fees attributable to the negligence of City. This duty to defend, indemnify and hold harmless is subject to the limitations of Idaho law, including Article VII Section 4, Idaho Constitution and Idaho Code Title 6 Chapter 9 (the Idaho Tort Claims Act), and to any other limitations set forth in the Agreement. i. Work directly with the Contractor to resolve any claims relating in any way to the DISTRICT'S Roadway Improvements; any and all such claims will be reviewed, approved or denied by DISTRICT and DISTRICT shall indemnify, save harmless and defend regardless of outcome, City from expenses and against suites, actions, claims Interagency Agreement for Water and Sewer Construction/Roadway Construction 12-13-2023 Page 4 of 8 or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any and all such claims regardless of the outcome of DISTRICT'S efforts to resolve said claims with the Contractor. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. In accordance with Idaho Code § 67-2332, the purposes, powers, rights and objectives of each of the parties are as set forth in the Recitals above. Each of the Recitals above is incorporated into the body of this Agreement. b. The amount to be reimbursed to City by DISTRICT for DISTRICT'S portion of the Project shall be based on the actual quantities of work acceptably performed and/or installed, as determined from field measurements made by DISTRICT, and paid for pursuant to the unit, and or lump sum prices, established in the CONTRACT. c. City shall obtain DISTRICT 'S approval prior to commencement of any change order work involving the DISTRICT'S Roadway Improvements. d. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect within the entire Project Boundaries for the purpose of reviewing the Project to locate any unstable areas and to resolve any items of concern or misunderstanding. e. This Agreement may not be enlarged, modified, amended, or altered except in writing signed by both of the parties hereto. f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement. g. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action. h. Any action at law, suit in equity, arbitration, or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada. i. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. j. Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of Article VI I I, Section 3 of the Idaho Constitution. k. The validity, meaning and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. Interagency Agreement for Water and Sewer Construction/Roadway Construction 12-13-2023 Page 5 of 8 I. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to the other in any manner by any representations, warranties, covenants or agreements except as specifically set forth herein. m. The promises, covenants, conditions and agreements herein contained shall be binding on each of the parties hereto and on all parties and all persons claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. n. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. o. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by DISTRICT and City. p. The headings used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. q. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same. r. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. s. This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person not a party hereto. t. All parties have been represented by legal counsel, and no party shall be deemed to be the drafter of this Agreement for purposes of interpreting an ambiguity against the drafter. u. Time shall be of the essence for all events and obligations to be performed under this Agreement. Without limiting the foregoing, in the event that DISTRICT does not timely comply with any of its obligations hereunder, City shall have no obligation whatsoever to incorporate, facilitate, and/or complete the DISTRICT'S Roadway Improvements, regardless of whether prior approval has been given by City to DISTRICT. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. Interagency Agreement for Water and Sewer Construction/Roadway Construction 12-13-2023 Page 6 of 8 ATTEST: ADA COUNTY HIGHWAY DISTRICT By: 1 By ruce Wong Alex Pickering Dire President, Board of Commissioners ATTEST: TY OF CITY By: By: Chris Johnson 1-16-2024 Robert E. Sim ison ,Mayor 1-16-2024 City Clerk Interagency Agreement for Water and Sewer Construction/Roadway Construction 12-13-2023 Page 7 of 8 STATE OF IDAHO ) ) ss. COUNTY OF ADA ) On this day of 20_, before me, the �undersigned, personally appeared u p' and BRUCE WONG, President of the Board of Commissioners and Director respectively of the ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said body. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. All� P NOTARY-•'I, s Notary Public_for Idaho : P UBLtC Residing at Idaho • z My commission expires: !ao •. y�, ........• ,j► OF lip..•`. STATE OF IDAHO ) ) ss. COUNTY OF ADA ) On this 16th day of January 20 24 before me, the undersigned, personally appeared Robert E. Simison and Chris Johnson , Mayor and City Clerk respectively of City of Meridian , a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. CHARLENE WAYS " COMMISSION No. 67390 NOTARY PUBLIC Notary Public for Idaho STATE OF IDAHO Residing at Meridian , Idaho My commission expires: 3-28-2028 Interagency Agreement for Water and Sewer Construction/Roadway Construction 12-13-2023 Page 8 of 8 E NDAN,.� 1 AGENDA ITEM ITEM TOPIC: Farm Lease Between the City of Meridian and Louie Asumendi for farming of 40 acres of City owned land adjacent to the Wastewater Resource Recovery Facility for 2024. C� (10 IDIAN,--- MEMO TO CITY COUNCIL Request to Include Topic on the City Council Consent Agenda From: Laurelei McVey, Public Works Meeting Date: January 16, 2024 Presenter: NA Estimated Time: NA Topic: Farm Lease Between the City of Meridian and Louie Asumendi for farming of 40 acres of City owned land adjacent to the WRRF for 2024. Recommended Council Action: Move to authorize the Mayor to sign the Farm Lease. Background: The City Public Works Department wishes to enter into a farm lease with Louie Asumendi to farm the vacant 40 acres of City owned property adjacent to the WRRF. Mr.Asumendi will pay the City $6,000 for the ability to farm this parcel of land in 2024. This lease is also beneficial to the City as it allows this currently vacant land to be maintained throughout the year. In the future,the City will utilize this land for expansion of its WRRF facility. Questions related to this agreement should be directed to Laurelei McVey, Public Works, lmcvevna meridiancity.org, 208-489-0365. FARM LEASE (Approximately 40 Acres - Public Works Property -Ten Mile Road) THIS FARM LEASE ("Lease"), made effective the 1s' day of January, 2024, by and between The City of Meridian, an Idaho municipal corporation ("Landlord"), and Louie Asumendi ("Tenant"). RECITALS A. Landlord is the record owner of certain real property situated in Ada County, Idaho, as such real property is legally described and generally depicted on Exhibit A ("Premises"). Landlord intends to develop or dispose of the Premises at an undetermined time in the future, as dictated by Landlord's infrastructure expansion needs and by Landlord's real property requirements ("Development Activity"). B. Tenant is aware of the possible Development Activity and desires to lease the Premises in order to plant an agricultural crop ("Crop"); and Landlord desires to lease the Premises to Tenant until such time as Development Activity occurs, according to the terms and conditions contained herein. WITNESSETH 1. AGREEMENT. Landlord, for and in consideration of the rents, covenants and agreements herein described, does hereby lease to the Tenant the approximate 4Q acres as shown crosshatched on Exhibit A for the sole purpose of planting a Crop(s). 2. TERM.Tenant shall Lease said Premises for a one year period, from January 1, 2024 through December 31, 2024 ("Term"), unless otherwise terminated as provided herein. Notwithstanding the foregoing, the Term shall expire five (5) days following Tenant's ordinary course of harvest or removal of the Crop. 3. RENT. Tenant does hereby covenant, promise and agree to pay to the said Landlord as rent in the manner and at the time herein specified, at the rate of $150.00 per acre for a total sum of $6,000.00 ("Rent") payable on the earlier of December 15, 2024, or within ten (10) days following harvest or removal of the Crop. Rent shall be paid to Landlord at The City of Meridian, 33 East Broadway Ave, Meridian, ID 83642. 4. ACCESS ROAD. Landlord is authorized, but not required, to relocate the existing access road from N. Ten Mile Road, which is depicted on Exhibit A. Landlord and Tenant hereby agree to amend this Lease, including Exhibit A, if necessary to reflect the relocation of the access road. 5. TAXES AND EXPENSES. Landlord shall pay when due all real property taxes and all irrigation district assessments. The Tenant shall pay all personal property taxes levied and assessed against the Tenant's fixtures, equipment and other property on the Premises. Tenant agrees to perform all labor and pay all expenses connected with the farming of said Premises, including all operation costs, repairs, and electric utility expenses. 6. CARE OF PREMISES. Tenant agrees that he will maintain the Premises in good order and in neat and farm-like condition and further agrees: 6.1 To control all weeds (noxious weeds included) growing on the Premises in a good and farm-like manner including but not limited to those growing in, along and around cultivated fields, roadways, ditches, drains, and fences. Tenant shall also be responsible for FARM LEASE the eradication and control of any rodents on the Premises. If Tenant defaults hereunder, Landlord shall have the right after three days written notice served on the Tenant to control such weeds (noxious weeds included) and gophers and the cost thereof shall be borne by the Tenant as additional Rent. 6.2 To clean out and keep in good repair all ditches and drains on said Premises used for irrigation purposes, all necessary materials and labor to be furnished at Tenant's expense. 7. IMPROVEMENTS. Except as otherwise provided herein, Landlord shall be entitled to enter the Premises to demolish, remove and/or alter all outbuildings, improvements, or its personal property on the Premises. Tenant agrees to cooperate with Landlord in any such action, including the moving of its farm equipment, so long as such cooperation is at no cost to Tenant. 8. RIGHT OF ENTRY. Upon five (5) days' notice, Landlord and Landlord's employees, agents and contractors, shall be entitled to enter the Premises to conduct surveys, studies, testing, demolish improvements, or for any other action related to Landlord's Development Activities. 9. SURRENDER OF POSSESSION. At the termination of the Lease Term, Tenant shall quit and surrender possession of the Premises to Landlord, removing all personal belongings and leaving the Premises in as good a state and condition as reasonable use and wear thereof will permit (damages by the elements excepted). Tenant will leave the irrigation systems (including any pump and controls) in an operating condition on the Premises. Landlord's Development Activity is dictated by many factors; and as such, Tenant shall not prepare or improve any portion of the Premises in anticipation of leasing the Premises for another term. Any improvements made to the Premises after harvesting said Crop shall be at Tenant's own risk and expense. 10. HAZARDOUS WASTE, The Tenant shall not cause or permit any hazardous substance(s) to be used, stored, generated or disposed of on or in the Premises, without first obtaining the Owner's written consent. Notwithstanding the Owner's consent, if any hazardous substance(s) is used, stored, generated or disposed of on or in the Premises by the Tenant, such usage, storage, generation and disposal shall, in all respects, be in strict accordance all federal, state and local laws, statutes, ordinances and regulations, If the Premises become contaminated in any manner for which the Tenant is liable, the Tenant shall indemnify, defend, save and hold the Owner harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses arising during or after the Term and arising as a result of that contamination by the Tenant. As used herein, "hazardous substance" shall mean any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of Idaho or the United States Government. 11. INSURANCE. Tenant shall indemnify, defend, protect, and save Landlord from all actions or claims for personal injuries or property damage sustained upon the Premises and predicated upon the Landlord's ownership of the Premises. Tenant agrees to secure and keep, in full force and effect from and after the date Landlord first allows Tenant on the Premises, broad form general liability insurance insuring for death, bodily injury and property damage in the combined single limit amount of at least one million dollars ($1,000,000). The policy shall name Landlord and Tenant as insured and shall further name The City of Meridian as an additional insured. A copy of the policy or Certificate of Insurance shall be delivered to Landlord, at 33 E. Broadway Avenue, Meridian, ID 83642. Tenant shall also secure and keep in force Workers' Compensation or similar insurance to the extent required by federal, state and local law. FARM LEASE 12. NOTICES. Whenever any notice, approval, consent, request or election is given or made pursuant to this Lease, it shall be deemed delivered when (i) it is in writing and personally delivered (ii) 2 business days after deposit in the United States mail, postage prepaid, ceriiriaa or registered mail, return receipt requested and addressed to the party at the address set forth below; (iii) 1 day after deposit with a reputable overnight courier service (such as Federal Express), delivery charges paid, receipt confirmation requested, and addressed to the party at the address set forth below. The addresses below shall be used for notice under this section unless Owner or Tenant provides notice under this section of an alternate address or facsimile number. j Tenant: Louie Asumendi Address: 17727 11th Ave, North, Nampa, Idaho 83687 Landlord: The City of Meridian, Department of Public Works Address: 33 E. Broadway Ave, Meridian, Idaho 83642 13. DEFAULT. Tenant's use of the Premises in any unlawful manner shall be deemed a breach of the Lease and cause Tenant to forfeit all Tenants' rights under this Lease. The Lease shall be immediately terminated at no expense to Landlord. It is further agreed that if any rent shall be due and unpaid, or if default shall be made in any of the covenants herein contained, then it shall be lawful for Landlord to re-enter the Premises and remove all persons therefrom and at its option, terminate this Lease, after first giving Tenant written notice of the matter in which he is in default and a lapse of 15 days without Tenant having removed and corrected default. 14. LIENS. Tenant agrees not to cause or permit any liens to be placed on the Premises during the Lease term. Any liens on the Premises caused by Tenant shall be considered a breach of this Lease and shall be removed immediately at Tenant's sole cost and expense. 15, ASSIGNMENT, SUBLEASE, SUCCESSION, Tenant shall not assign, lease or sublease any portion of said Premises; or permit any other person or persons to occupy or improve the same, or make or suffer to be made any alterations thereon, This Lease shall be binding upon and shall inure to the benefit of the respective heirs, personal representatives, successors and assigns of the parties. 16. HEADINGS, The headings, title and captions used in this Lease are for convenience only and are not part of this Lease. 17. LEGAL FEES AND COSTS; VENUE. If either party shall default under this Lease and said default is cured with the assistance of an attorney for the other party, as a part of curing said default, the reasonable attorneys' fees incurred by the other party shall be added to the balance due and payable or, in the case of a non-monetary default, shall be paid to the other party upon demand. In the event suit or action is filed by either party against the other to interpret or enforce this Lease, the unsuccessful party to such litigation agrees to pay to the prevailing party all costs and expenses, including attorneys' fees incurred therein, including the same with respect to an appeal. The Parties agree that the laws of Idaho shall govern the interpretation of this Agreement and that venue shall be in Ada County, Idaho. FARM LEASE 18. ENTIRE AGREEMENT This Lease, including the exhibits attached hereto, contains the entire agreement between the parties as of the date of this Lease and the execution hereof has not been induced by either party or any agent of either party, by representations, promises, undertakings not expressed herein. There are no collateral agreements, stipulations, covenants, promises, inducements or undertakings whatsoever between the parties concerning the subject matter of this Lease which are not expressly contained herein. This Lease may only be amended by written document signed by both parties. 19. SIGNATURES: COUNTERPARTS. This Lease, and all ancillary documents executed by the parties in connection herewith, 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. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, the day and year the Lease first above written. LANDLORD: CITY OF MERIDIAN By: Robert E. Simison, Mayor 1-16-2024 Attest: Chris Johnson, City Clerk 1-16-2024 TENANT: LOUIE ASUMENDI By: Exhibit A- Farm Lease N'Tl RA HMTS Irwq 1'v iBwuul[w N TERRA HE10H15 ] SUB0INSION - SUBOIN90N N0.0] ! ,a NO.04 50434212971 O� �1--(' le O , e 6 J 9 Il 12 13 15 \I 1, O I^B/ � Q I6 1510 � O O 000 O I I O T-NE 1 I BLACR CA Rq AN I I I T!LLC aIc%Bbilli \Broil[oI x Nl mom feu role:n:lw`�IB`°,�`�I©�lo�lo�I®:"I`a:a��oIF�R'�.T w"�`%I`�'�`B°a'o°`��N OII �R of \ 19m�1:n.,.,�.a.w I _ ,.n;.�:c�i�:.',,-��;.-'�:�::.���•::.�.;,"..�:.;=.,.-'-;,..:.�.!. nMwiB I� 'Z 1 50434142354 - MEE.RENN ... ]50434142125 Kp 4 ';RASA TSEN, 9 'ARM I p gIC cnY ar MElaau4 h �` :.'q 3S.2 5 7ACREFl. I o 1 50134142020 BONMAN LMRY 0. I 1 PMCE 2 2',,611 50. n e,m ie.n 6 .995 ACRES f4 34�� xer�nmw 1alN - -'w'e7 x x N u ba<>dl-wNlq ` SO/J441,60] pwimn4��w�uwya 50,34417753 1YA-iN2LLC S043I4I7450loj CITY OF MERIDIAN \\ 51-TM2 LC W�RSAat m5Nn1 v�I�Y,►( 74 2N .fSaN i'R�YLS4:i)) � : 1 T .bi� ^ -49t lttAu-�etitP� {Twa^�m4FwFtm�i- �.i g J ;l)43iN8:S I ' ti Av1PFKfEaI`T1E9E10 A SO4 4TA?Q2a Q °W 9) GLGoZ WN'1Fp Etb,n '�" I'11'i FF A�tRIL"I ` z "2 SI t,-rda¢ a FrI. l 31Tr.� A14 W",j; 6 a I qt 4 41 AES , S PARG: D 11�,�w'I� y a ILF Ei61'UtA1G I ; ' 6 SFIfG'L ar Priem ---aaW 1� ra..arow r I g I 591"7.R RA(IC(:A 2 .w rf§WI a 6Sa5 i:11L1 S741,}{141 MI �.� r -..� iv�f � P5 MtUlliyN NCST LiC tiW%zii'W �'.� W.4'Ic'k ,v FWW w PS Nry"1-WHAINI1ut1 NEST 51,C 91RylNX luJ'1 I I� 1 II E NDAN,.� 1 AGENDA ITEM ITEM TOPIC: Resolution 24-2431: A Resolution Approving a Farm Lease Agreement between the City of Meridian and Loui Asumendi concerning approximately forty (40) acres of real property located on N. Ten Mile R., North of W. Ustick Rd., in Ada County, Idaho; Authorizing the Mayor and the City Clerk to execute and attest said Farm Lease on behalf of the City of Meridian; and providing an effective date CITY OF MERIDIAN RESOLUTION NO. 24-2431 BY THE CITY COUNCIL: BORTON, CAVENER, LITTLE ROBERTS, OVERTON, STRADER, TAYLOR A RESOLUTION APPROVING A FARM LEASE AGREEMENT BETWEEN THE CITY OF MERIDIAN AND LOUIE ASUMENDI CONCERNING APPROXIMATELY FORTY (40) ACRES OF REAL PROPERTY LOCATED ON N. TEN MILE ROAD, NORTH OF W. USTICK ROAD, IN ADA COUNTY, IDAHO; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID FARM LEASE AGREEMENT ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Meridian("City")owns approximately forty(40) acres of real property located on N. Ten Mile Road near the City's wastewater treatment facility("Land") that is being held for long-term facility expansion; and, WHEREAS,under a previous lease between Louie Asumendi ("Asumendi") and the City, Asumendi has farmed the Land, maintained it in good order, controlled the weeds, maintained the ditches, and provided good overall stewardship; and, WHEREAS,because the City has no immediate plans to utilize the Land, and Asumendi desires to continue to lease the Land for farming operations, the parties desire to voluntarily enter into a new lease ("Farm Lease Agreement" or"Agreement"); NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: Section 1. That the Land is not otherwise needed for municipal purposes at this time. Section 2. That the terms of the Farm Lease Agreement, entered into contemporaneously herewith, are just and equitable, and the Agreement is hereby approved as to form and content. Section 3. That the Mayor and City Clerk be, and hereby are, authorized to respectively execute and attest said Farm Lease Agreement for and on behalf of the City. Section 3. 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 16th day of January 2024. APPROVED by the Mayor of the City of Meridian, Idaho, this 16th day of January 2024. APPROVED: ATTEST: Mayor Robert E. Simison Chris Johnson, City Clerk RESOLUTION AUTHORIZING FARM LEASE AGREEMENT WITH LOUIE ASUMENDI PAGE 1 OF 1 E NDAN,.� 1 AGENDA ITEM ITEM TOPIC: Resolution No. 24-2430: A Resolution of the Mayor and the City Council of the City of Meridian Approving City Council President's Appointments of City Council Members/City Staff Members to Serve as Interagency Boards, Committees, and Initiatives Representatives, and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 24-2430 BY THE CITY COUNCIL: BORTON, CAVENER, LITTLE ROBERTS, OVERTON, STRADER, TAYLOR A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN APPROVING CITY COUNCIL PRESIDENT'S APPOINTMENTS OF CITY COUNCIL MEMBERS/CITY STAFF MEMBERS TO SERVE AS INTERAGENCY BOARDS, COMMITTEES, AND INITIATIVES REPRESENTATIVES, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City Council members/City staff members are authorized to represent the City of Meridian at, or attend on behalf of the City of Meridian,the meetings of various interagency boards, committees, and initiatives, including the Community Planning Association of Southwest Idaho, the Ada County Air Quality Board, the Meridian Rural Fire District Board, Meridian Development Corporation, Allumbaugh House and Valley Regional Transit Board; and at the City Council meeting on January 9, 2024, City Council President Joe Borton did make such appointments, as set forth in Exhibit A hereto; WHEREAS, by this resolution, the City Council of the City of Meridian seeks to effectuate and memorialize these appointments; NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY,IDAHO: Section 1. That the City Council members/City staff members appointed by City Council President Borton to serve as liaisons to the respective interagency boards, committees and initiatives, as set forth in Exhibit hereto, shall fulfill the duties of such function on behalf of the City of Meridian Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian,Idaho,this 161h day of January, 2024. APPROVED by the Mayor of the City of Meridian, Idaho, this 16th day of January, 2024. APPROVED: ATTEST: Mayor Robert E. Simison By: Chris Johnson, City Clerk 2024 RESOLUTION EFFECTUATING INTERAGENCY BOARDS,COMMITTEES,AND INITIATIVES REPRESENTATIVES PAGE 1 OF 3 EXHIBIT A MERIDIAN CITY REPRESENTATIVES Interagency Boards, Primary Alternate(s) Committees and Initiatives ACCEM Executive Mayor Simison John Overton, Council Member Council joverton@meridiancity.org Allumbaugh House Mayor Simison Tracy Basterrechea, Police Chief tbasterrechea@meridiancity.org COMPASS Mayor Simison Steve Siddoway, Parks & Rec Director John Overton, Council Member ssiddoway@meridiancity.org joverton@meridiancity.org Bruce Freckleton, Community Charlie Rountree, Community Development Director Member bfreckleton@meridiancity.org Caleb Hood, Deputy Director Planning& Development chood@meridiancity.org COMPASS Executive Mayor Simison Bill Nary, City Attorney/Risk Board Manager bnary@meridiancity.org Bruce Freckleton, Community Development Director bfreckleton@meridiancity.org EMS JPA Mayor Simison Joe Borton, Council Member jborton@meridiancity.org Meridian Development Brad Hoaglun, Community ------- Corporation Member Meridian Rural Fire Anne Little Roberts, Council ------- Member alittleroberts@meridiancity.org Treasure Valley Partners Mayor Simison ------- Valley Regional Transit Todd Lavoie, CFO Caleb Hood, Deputy Director tlavoie@meridiancity.org Planning& Development chood@meridiancity.org Dave Tiede, CIO dtiedegmeridiancity.org 2024 RESOLUTION EFFECTUATING INTERAGENCY BOARDS,COMMITTEES,AND INITIATIVES REPRESENTATIVES PAGE 2 OF 3 Valley Regional Transit Todd Lavoie, CFO Dave Tiede, CIO Executive Board tlavoie@meridiancity.org dtiede@meridiancity.org 2024 RESOLUTION EFFECTUATING INTERAGENCY BOARDS,COMMITTEES,AND INITIATIVES REPRESENTATIVES PAGE 3 OF 3 �I C� E IDIAN� AGENDA ITEM ITEM TOPIC: Impact Fee Assessment Deferral Agreement between the City of Meridian, Ada County Highway District, and JTR Holdings, LLC for property at 105 E. Carlton Ave. After Recording Return To: Steven B.Price General Counsel Ada County Iliehwav District 3775 Adams Street Garden City,Idaho 83714 105 E Carlton Ave.Meridian,11)83642 MC1F23-0136/C-TI-2023-0193 This Space Reserved for Recording Purposes IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT THIS IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT ("Agreement") made this 16thday of January , 20 24 by and between the Ada County Highway District, a body politic and corporate of the state of Idaho ("ACHD"); the City of Meridian, an Idaho municipal corporation, ("the City"); and JTR Holdings, LLC, an Idaho corporation ("Developer"). RECITALS WHEREAS, Developer has acquired certain real property more particularly described in Exhibit A, hereto, and generally located at 105 E Carlton Ave, City of Meridian, Ada County, Idaho (the "Property"); WHEREAS, Developer will in the future make certain applications to the City regarding the development and construction of a brewery and tap room on the Property (the "Project"); WHEREAS, pursuant to Idaho Code § 67-8204(3) and Section 7316.1 of ACHD Ordinance 246A, the payment of the impact fee required for the development of the Property (the "ACHD Impact Fee") by the Developer to ACHD would normally be due at the time of issuance of a building permit for the Project; WHEREAS, it is the desire of the Developer to defer payment of the ACHD Impact Fee pursuant to the terms of this Agreement; WHEREAS, it is the desire of the City that Developer be able to defer payment of the ACHD Impact Fee for the purposes of encouraging development in Meridian and the City is willing to enter into this Agreement to facilitate the deferral of fees by Developer to ACHD; WHEREAS, ACHD is willing to enter into this Agreement for the purpose of allowing the deferral of payment of the ACHD Impact Fee in consideration of the assurances, covenants, and other agreements provided herein by the City and by Developer; IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT- 1 WHEREAS, Idaho Code § 67-8204(3) and Section 7316.1 of ACHD Ordinance 246A authorize ACHD to enter into an agreement to defer payment of fees pursuant to written agreement between ACHD and a developer as set forth therein; Idaho Code § 67-8204A authorizes the City and ACHD to enter into intergovernmental agreements regarding the collection of impact fees; and Idaho Code § 67-8213 specifies the remedies available to ACHD charging an impact fee where such fee is not paid in accordance with the relevant ordinances; WHEREAS, this Agreement establishes the process for the imposition, calculation and collection of the ACHD Impact Fee required for the development of the Property; WHEREAS,the timing of the imposition, calculation and collection of the ACHD Impact Fee for the Project is related to the timing of the City's action on the necessary development permits for the Project; and WHEREAS, the parties desire to enter into an agreement regarding the imposition, calculation and collection of the ACHD Impact Fee for the Project. AGREEMENT NOW, THEREFORE, pursuant to the legal authority of the Idaho Code and ACHD Ordinance 246A,and for other good and valuable consideration,the sufficiency of which is hereby acknowledged, ACHD, Developer and the City desire to memorialize their respective agreements and obligations regarding the imposition, calculation and collection of the ACHD Impact Fee and the inspections and issuance of permits for the Project. 1. Imposition of ACHD Impact Fee. Development of the Project will require the payment of the ACHD Impact Fee. ACHD has presently adopted Ordinance 246A setting forth the process, method and amount of the ACHD Impact Fee. The ACHD Impact Fee shall be imposed consistent with the ordinance in effect at the time that the City issues the Building Permit as defined in Section 2 below. 2. Calculation of ACHD Impact Fee. Pursuant to Section 7304.1 of Ordinance 246A, the ACHD Impact Fee is typically collected at the issuance of a building permit, provided, however, that Section 7316.1 of Ordinance 246A permits ACHD and a "Developer" to enter into an agreement regarding the timing of payment of the ACHD Impact Fee. (a) Notification of Issuance of Building Permit. The City, ACHD and the Developer shall jointly work to coordinate the issuance of permits for the Project. Upon the issuance of the first permit necessary to commence construction of tenant improvements at the Project (the "Building Permit"), the City and Developer shall notify ACHD and the ACHD Impact Fee shall be calculated as of the date of the issuance of the Building Permit. IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT-2 (b) Notification of Inspection for the Issuance of First Certificate of Occupancy. The Developer agrees that it shall notify the City and ACHD in writing at least thirty (30)days in advance of any request for the final inspection before the issuance of the certificate of occupancy for the Project. (c) Applicable Impact Fee Ordinance. ACHD shall calculate the ACHD Impact Fee based upon the ordinance in effect at the time the City issues the Building Permit. 3. Collection of ACHD Impact Fee. (a) Deferral of Fee/Enforcement. ACHD agrees that collection of the ACHD Impact Fee will be deferred as set forth herein. If the Developer is in default as set forth in Section 5(a) below, then it shall be subject to all of the remedies set forth therein and elsewhere in this Agreement. In addition, the City agrees for the benefit of ACHD that unless the Developer submits proof that the ACHD Impact Fee has been paid and ACHD confirms in writing that it has been paid, or that the ACHD Impact Fee is no longer due and payable, the City: (i) will not conduct the final inspection required for the issuance of the Occupancy Permit for the Project, (ii) will not provide any utility services for any purposes other than system testing and non-occupant use for the Project, and (iii) will exercise all default rights against Developer set forth in Section 5(a) below. (b) Developer acknowledges and agrees that as a condition precedent to the City conducting the final inspection required prior to issuing the Occupancy Permit that Developer will pay the ACHD Impact Fee for the Project. Notwithstanding the foregoing, and notwithstanding any other provision in this Agreement, the parties agree that the ACHD Impact Fee shall in no event be deferred beyond May 31, 2025, regardless of the status of the Project and/or the status of any permits issued or to be issued by the City. (c) Alternate Financial Guarantee. Alternatively, ACHD and Developer may agree that the payment of the ACHD Impact Fee may be deferred upon Developer providing an alternative financial guarantee to ensure payment of the ACHD Impact Fee, pursuant to a certificate of deposit or a letter of credit acceptable to ACHD. Such alternate financial guarantee shall be in an amount equal to the amount of the impact fee for the Project, pending reconciliation of the ACHD Impact Fee at a date subsequent to the issuance of a certificate of occupancy for the Project by the City. (d) Refund of Payment of Fee. Notwithstanding any other provision of this Agreement, in order to have its building permit released, Developer may pay the ACHD Impact Fee to ACHD. If and when this Agreement is approved and executed, the parties hereto agree that ACHD will refund the ACHD Impact Fee that has been paid without interest on the funds and the deferral process contemplated herein will be implemented. IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT-3 (e) Satisfaction. Upon payment of the ACHD Impact Fee or the provision for an alternate financial guarantee, ACHD shall notify the City of Developer's performance, and then and only then shall the City proceed with the final inspection and issuance of the Occupancy Permit for the Project. The City agrees for the benefit of ACHD that the City (including without limitation, the City's employees, officials, agents, and/or contractors) will not proceed with the final inspection and issuance of the Occupancy Permit for the Project until the foregoing condition is met. (f) Waiver and Estoppel. Developer hereby waives and estops itself from asserting any claim or property right relating to the inspection or issuance of the Occupancy Permit for the Project,deferral of the payment of the ACHD Impact Fee or default remedies provided herein until ACHD receives full payment of the ACHD Impact Fee or an alternate financial guarantee as contemplated herein. 4. Individual Assessment. Due to the complexity and unique issues presented by the development of the Project,ACHD and Developer acknowledge that Developer retains the right to pursue an individual assessment of the ACHD Impact Fee subsequent to its payment and completion of the Project. Nothing contained herein shall preclude Developer from electing to initiate an individual assessment pursuant to Section 7312 of ACHD Ordinance 246A. 5, Default. (a) If Developer defaults in the performance of their obligations under the terms and provisions of the Agreement in the time and manner required, ACHD and/or City may exercise all legal and equitable remedies against such party. In addition (and without limiting the foregoing or otherwise limiting any other rights available by law or in equity), if the ACHD Impact Fee is not paid timely (i) any unpaid amounts shall accrue interest at the legal rate provided for in Idaho Code Section 28-22-104(I), from the date the Building Permit was originally issued, (ii) ACHD may assess a penalty of$500 per day for non- payment or late payment in accordance with Idaho Code Section 67-8213 in any reasonable amount, (iii) City shall withhold any permits related to the project or other governmental approval until the fee is paid, (iv) City shall refuse and/or suspend all utility services to the Project under its jurisdiction, and (v) in accordance with Idaho Code Section 67-8213(4), ACHD may impose a lien for failure to timely pay following the procedures contained in chapter 5, title 45, Idaho Code. (b) If ACHD defaults in the performance of its obligations under the terms and provisions of this Agreement in the time and manner required herein,Developer shall only be entitled to non-monetary remedies, such as specific performance,declaratory relief,and injunctive relief. IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT-4 (c) If City defaults in the performance of its obligations under the terms and provisions of this Agreement in the time and manner required, ACHD and/or Developer may exercise all legal and equitable remedies against such party. 6. Existing Joint Governmental Entity Agreement. ACHD and City acknowledge they are parties to an existing Impact Fee Collection Agreement (the "Collection Agreement"). ACHD and City agree that the Collection Agreement is not applicable to this Project, and that all rights between them concerning the collection of impact fees for this Project are set forth in this Agreement. 7. Acknowledgement. ACHD and City make no representations, warranties or guarantees to Developer regarding the Project.Developer assumes all risks and acknowledges that it is solely responsible for the development of this Project. Developer acknowledges, notwithstanding any other provision of this Agreement, as follows: (i) This Agreement does not affect the rules and regulations that the Developer must comply with in order to implement all governmental approvals; (ii) Any future applications or requests to ACHD and City will be governed by rules and regulations of each of the agencies in effect at the time of such request; (iii) Nothing in this Agreement shall be construed to allow the Developer any waiver or relief from any of the processes,rules and regulations Developer must follow and comply with to obtain any future approvals from the City or ACHD; (v) Nothing herein shall be construed to grant any legal entitlement or vest any property right or other right to the Developer; and (vii) Nothing in this Agreement shall be construed to provide any claim or benefit to a third party. K. General Provisions. (a) Agreement Addresses Process Only. The parties acknowledge and agree that nothing herein shall be deemed to limit or restrict the deliberation or action taken by ACHD to the extent that it has authority relating to its review and consideration of the permits related to the Project. The parties acknowledge and agree that this Agreement is intended solely to provide for the processes that will be applied to the ACHD Impact Fee for the Project. (b) Severability. Every provision of this Agreement is intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. (c) Attorneys' Fees. Should any action be brought to interpret or enforce any provision hereof, or for damages for breach hereof, the prevailing party shall be entitled to such reasonable attorneys' fees as may be determined by any court of competent jurisdiction wherein such action is brought, including attorneys' fees on any appeal. (d) Assign ment/Recording. The rights, benefits or obligations under this Agreement may not be assigned by Developer, in whole or in part,without the prior written consent of both ACHD and the City, which may be withheld in either of their sole IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT- 5 discretion. Without limiting the foregoing, the obligations to ACHD or the City contained herein shall run with the land and shall inure to the benefit of and be binding upon the successors and assigns of the parties hereof, until such time as the Project is complete and ACHD has received frill payment of the ACHD Impact Fee. A copy of this Agreement shall be recorded in the real property records of Ada County, Idaho. Upon the payment of the ACHD Impact Fee by Developer, this Agreement shall terminate and the parties shall execute the termination and release set forth in the form attached as Exhibit B. (e) Entire Agreement. This Agreement contains the entire Agreement between the parties respecting the matters herein set forth and supersedes all prior Agreements between the parties hereto respecting such matter. No acknowledgments required hereunder, and no modification or waives- of any provision of this Agreement or consent to departure therefrom,shall be effective unless in writing and signed by each party hereto. (f) Construction. This Agreement shall be construed in accordance with the laws of the State of Idaho. (g) Counterparts. This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. (h) Recitals. The parties confirm the accuracy of the Recitals set forth in this Agreement and the same are incorporated herein as part of this Agreement. (i) Time of the Essence. Time shall be of the essence for all events and obligations to be performed under-this Agreement. (j) Independent Parties. The relationship between the Parties shall not be that of partners, agents, or joint venturers for one another-, and nothing contained in this Agreement shall be deemed to constitute a partnership or agency agreement between them for any purposes. In performing any of their obligations hereunder, the Developer is an independent party and shall discharge its contractual obligations at its own risk.The Parties agree that nothing herein contained shall be construed to create a joint venture,partnership, or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. (k) Notices. All notices,requests, consents,approvals,payments in connection with this Agreement,Or communications that either-party desires or is required or permitted to give or make to the other-party under-this Agreement shall only be deemed to have been given, made and delivered, when made or given in writing and personally served, or deposited in the United States mail, certified or registered mail,postage prepaid,or sent by reputable overnight courier(e.g.,FedEx)and addressed to the patties as follows: IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT-6 ACHD: Ada County Highway District Attn: Megan Anderson 1301 N Orchard Street Suite 200 Boise, Idaho 83706 DEVELOPER: JTR Holdings, LLC Attn: Joe Borton 141 E. Carlton Ave Meridian,ID 83642 City City of Meridian Attn: City Clerk 33 E Broadway Avenue Meridian, Idaho 83642 Notice shall be deemed given upon actual receipt(or attempted delivery if delivery is refused), if personally delivered or rejected. (1) Amendment to Ordinances. The parties acknowledge that Ordinance 246A may be amended,repealed and superseded at any time. The ACHD Impact Fee shall be imposed, calculated and collected pursuant to any impact fee ordinance subsequently adopted by ACHD in accordance with Idaho Code § 67-8201 et serf. To the extent that references to specific sections incorporated in Ordinance 246A are made herein, those references shall be deemed to refer to the related provisions of any subsequently adopted impact fee ordinance by ACHD. (m) Further Acts. The parties will execute and deliver to the others, fi-om time to time, for no additional consideration and at no additional cost to the requesting party, such further assignments,certificates,instruments,records, or other documents,assurances or things as may be reasonably necessary to give full effect to this Agreement and to allow each party fully to enjoy and exercise the rights accorded and acquired by it under this Agreement. (n) Acknowledgments and Modifications. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom,shall be effective unless in writing and signed by all of the parties. IN WITNESS WHEREOF, the parties have caused this instrument to be executed by its duly authorized officers the day and year first above written. Signatures and notary acknowledgments to follow on next page IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT-7 ACHD ADA COUNTY HIGHWAY DISTRICT By Alexis Pickering, Commission President STATE OF IDAHO ) Iss. County of Ada ) On this_ day of , 20 , before me, a Notary Public, personally appeared Alexis Pickering, known or proved to me to be the Commission President of the Ada County Highway District, a body corporate and politic of the state of Idaho, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public Residing at Comm. Expires IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT-8 DEVELOPER JTR Holdings, LLC By: Joe Borton, N• rub STATE OF IDAHO ) )ss. County of Ada ) On this 0 day ofkh. 6 , before me, a Notary Public, personally appeared Joe Borton, known or proved to me to be a member of JTR Holdings,LLC,the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. KATE S HOI JMAN COMMISSION*2623fg62 No 'ry •ublic (� NOTARY PUBLIC Residing at-T^Z 1CC mk--' �IJ STATE IDAH(} Comm. Expires 7 1r� C fM- y COMMISSION EXPIRES OlY7.rX29 -`�—t IMPACT FEE ASSESSMENT AND DEFERRAL AGREEIN'IENT- 9 CITY CITY OF MERIDIAN By _ Robert Simis n , M or STATE OF IDAHO ) ') SS . County of Ada ) On this day of J1AW , 20 ZY, before me, a Notary Public , personally appeared Robert Simison , known or proved to de to be the Mayor of the City of Meridian, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same on behalf of said entity . IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written . CHRISTOPHER JOHNSON Notary Public COMMISSION #20180294 Residing at M'efid(co NOTARY PUBLIC Comm . Expires 2 %Ige2 STATE OF IDAHO MY COMMISSION EXPIRES 2/14/24 k IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 10 CITY CITY OF MERIDIAN By: Robert E. Simison, Mayor 1-16-2024 Attest: Chris Johnson, City Clerk 1-16-2024 STATE OF IDAHO 1 )Ss. County of Ada I On this 16th day of January 20 24, before me, a Notary Public, personally appeared Robert E. Simison and Chris Johnson known or proved to me to be the Mayor and Clerk of the City of Meridian, the persons whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public Residing at Meridian, ID Comm. Expires 3-282028 IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT- 10 Exhibit A Legal Description of Property PARCEL 1: The West half of Lot 13,all of Lot 14 and the East half of Lot 15 in Block 5 of F. A.Nourse's Second Addition to Meridian,according to the plat thereof, filed in Book?-of Plats at Page 64,records of Ada County, Idaho, PARCEL 11: The West half of Lot 15 and all of Lots 16, 17, 18, 19 and 20 in Block 5 of F.A.Nourse's Second Addition to Meridian,according to the plat thereof,filed in Book 2 of Plats at Page 64,records of Ada County, Idaho. lixIPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT- II Exhibit B Form Termination and Release IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT- 12 Recording Requested By and When Recorded Return to: Steven B.Price General Counsel Ada Countv Ilighwav District 3775 Adams Street Garden City,Idaho 83714 105 E Carlton Ave,Meridian,ID 83642 iN1CIE23-013G/C-11-2023-0193 SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY TERMINATION AND RELEASE OF IMPACT FEE DEFERRAL AGREEMENT THIS TERMINATION AND RELEASE OF IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT ("Termination") made this day of , 20_ by and between the Ada County Highway District, a body politic and corporate of the state of Idaho ("ACHD"); the City of Meridian, an Idaho municipal corporation, ("the City"); and JTR Holdings, LLC an Idaho corporation("Developer"). RECITALS A. The Developer, ACHD and the City have entered into the Impact Fee Assessment and Deferral Agreement dated the __, day of 20 B. The Developer has paid the impact fee as specified in the Impact Fee Assessment and Deferral Agreement. C. The parties desire to release and terminate the Impact Fee Assessment and Deferral Agreement. NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants and agreement set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,Developer, ACHD and the City agree as follows: 1. TERMINATION AND RELEASE I. The Impact Fee Assessment and Deferral Agreement dated the day of 20 , by the parties and recorded , 20 _, as Instrument No. , records of Ada County, Idaho, encumbering the real property described herein in Exhibit A is hereby released and terminated. ?, This Termination may be executed in one or more counterparts and shall be recorded to evidence the termination of the Impact Fee Assessment and Deferral Agreement. SIGNATURES ON FOLLOWING PAGES IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT- 13 ACHD ADA COUNTY HIGHWAY DISTRICT By___ Alexis Pickering, Commission President STATE OF IDAHO a )ss. County of Ada } On this day of , 20 , before me, a Notary Public, personally appeared Alexis Pickering, known or proved to me to be the Commission President of the Ada County Highway District, a body corporate and politic of the state of Idaho, the person whose name is Subscribed to the foregoing instrument, and acknowledged to me that she executed the same on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public Residing at Comm. Expires IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT- 14 DEVELOPER JTR Holdings, LLC By: Joe Borton, Member STATE OF IDAHO 3 )SS. County of Ada l On this day of , 20, before me, a Notary Public, personally appeared Joe Borton,known or proved to me to be a member of JTR Holdings,LLC,the person whose name is subscribed to the foregoing instrument, and acknowledged to me that lie executed the same on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public Residing at Comm. Expires IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT- 15 CITY CITY OF MERIDIAN By: _ Robert Simison, Mayor STATE OF IDAHO ) )s s. County of Ada On this day of 20 , before me, a Notary Public, personally appeared Robert Simison,known or proved to me to be the Mayor of the City of Meridian,the person whose name is Subscribed to the foregoing instrument,and acknowledged to me that he executed the same on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public Residing at Comm. Expires IMPACT FEE ASSESSI IENT AND DEFERRAL AGREEMENT- 16 Exhibit A Legal Description of Property PARCEL I: The West half of Lot 13,all of Lot 14 and the East half of Lot 15 in Block 5 of F.A.Nourse's Second Addition to Meridian,according to the plat thereof,filed in Book''of Plats at Page 64,records of Ada County,Idaho, PARCEL II: The West half of Lot 15 and all of Lots 16, 17, 18, 19 and 20 in Block 5 of F.A,Nourse's Second Addition to Meridian,according to the plat thereof,filed in Book 2 of Plats at Page 64,records of Ada County, Idaho. IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT- 17 �I C� E IDIAN� AGENDA ITEM ITEM TOPIC: Fiscal Year 2024 Budget Amendment in the amount of$35,000.00 for purchase of an additional Unmanned Aircraft System (Drone) 1/10/2024 2:25 PM City of Meridian FY2024 Budget Amendment Form Personnel Costs Full Time Equivalent(FTE): Fund# Dept.# G/L# Proj.# G/L#Description Total E IDIAN%"''01 2110 41200 0 Wages 01 2110 41206 0 PT/Seasonal Wages 01 2110 41210 0 Overtime Please only complete the fields 01 2110 41304 0 Uniform Allowance highlighted in Orange. 01 2110 42021 0 FICA $ Amendment Details 01 2110 142022 0 PERSI 1$ Title: Police Drone 01 2110 42024 0 Worker's Comp $ Department Name: Police 01 2110 1 42025 lEmployee Insurance $ Presenting Department Name: Lt.Ludwig&Lt.Harper Total Personnel Costs $ Department##: 2110 Operating Expenditures Primary Funding Source: 1 Fund# Dept.# G/L# Proj.# G/L#Description One-Time On-Going Total CIP#: 01 2110 54000 0 Matrice Drone $ 35,000 $ 35,000 Project#: 01 2110 0 $ _ 01 2110 0 $ Is this for an Emergency? ❑ Yes No 01 2110 0 $ New Level of Service? ❑ Yes 0 No 01 2110 0 $ 01 2110 0 $ Clerks Office Stamp W012110 0 $ 0 $ 0 $ 0 $ p $ 0 $ 0 I Is - Date of Council Approval Total Operating Expenditures $ 35,000 $ $ 35,000 Capital Outlay Fund# Dept.# G/L# Proj.# G/L#Description Total Acknowled a Date 01 2110 0 D 01 2110 0 01 2110 0 Department D' or 01 2110 o �R=E�VIEWED01 2110 0 :49 pm,Jan fo,zoz4 fields 1.10.24 01 2110 0 Chief Financial Officer Total Capital Outlay $ - Revenue/Donations Approved Liz Strader via email 1.10.24 Fund# Dept.# G/L# Proj.# G/L#Description Total Coufi v-iaison _ 01 2110 0 01 2110 � 1-10-23 p � - 01 2110 0 Mayor Total Revenue/Donations $ Total Amendment Request $ 35,000 City of Meridian FY2024 Budget Amendment Form C'\Users\Ifarhitniknv\Annnntn\I nna1\hAirrnenff\1A1i.wn,..�unie�r 1/10/2024 2:23PM 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: Police Funding 2024 2025 2026 2027 2028 Title: Police Drone Personnel $ - $ $ $ $ Instructions for submitting Budget Aenendiments: Operating $ 35,000 $ $ $ $ ➢ Department will send Amendment with Directors signature to Finance(Budget Manager)forreview Capital $ - ➢ Finance will send Amendment to Council Liaison for signature Total $ - $ 35,000 $ $ $ $ ➢Councii Liaison will send signed Amendment to Mayor Evaluation Questions Total Estimated Project Cost: $ 35,000 ➢ Mayorwill send signed Amendment to Finance(Budget Manager) will send approved cagy of Amendment to Department Please answer all Evaluation Questions using the financial data referenced above. ➢ Finance(Budget Manager)will add copy of Amendment to Council Agenda using Municode Agenda Manager r 1.,.Describe what is,beng requested?, This recent incident revealed that we do not have the adequate number of drones on hand to ensure consistent monitoring of a suspect and need to address this void immediately,as it gives suspects the opportunity to fortify or conceal their position,posing a potential threat to law enforcement,and/or continue their flight and evade law enforcement,which increases the potential risk to our community. With this officer safety gap in mind,the Meridian Police Department is requesting a budget amendment to purchase an additional large frame drone.This drone provides a more efficient battery system,increased battery life,and the ability to fly in inclement weather. This would give the police department a 3rd large frame option in inclement weather and 2. Why was this budget request not submitted during the current fiscal year budget cycle? Following a double homicide and a vehicle and foot pursuit of a homicide suspect on December 3rd,2023,the Meridian Police Department identified an officer safety gap involving our current Unmanned Aircraft System(Drone)field operations. 3. What is the explanation for not submitting this budget request during the next fiscal year budget cycle?, The estimated one-time cost of adding this equipment with these capabilities and the necessary accessories would be no more than$35,000.00. The police department strongly feels that waiting an additional year(during the next budget process)is simply too long given the risk at hand and relying on other agencies to fill this gap is not a solution. We respectfully request you 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. 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? Yes-Officer&Public Safety 6 Does this request require resources to be provided by other departments? If yes,please describe the necessary resources to be provided by other departments. No i 7.Does this Amendment include any needed Equipment or Software that will utilize the Cit 's network? Yes or No No 8.Is the amendment going to result in the disposal of an asset?(Yes or No) No r 9.Any additional comments? See attached document Total Amendment Request $ 35,000 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 Request to Purchase New Drone Following a double homicide and a vehicle and foot pursuit of a homicide suspect on December 3rd, 2023,the Meridian Police Department identified an officer safety gap involving our current Unmanned Aircraft System (Drone)field operations. We currently utilize two (2) large frame drones and two (2) small frame drones.These are all designed for exterior deployments, but we become limited as there are strict guidelines for flight in inclement weather such as cold,fog, rain, snow, and high winds. During a yard to yard search, as this operational deployment was, we utilized the drones to conduct stationary overwatch for officers to ensure they are not ambushed. We quickly exhausted the equipment we currently have on hand, especially when you take in to account equipment downed for maintenance, limitations because of weather, and down time for battery changes.This results in officers searching locations without the ability to first clear an area of potential threats and/or identify possible suspect locations using thermal imaging. Moving in to an unknown location,while searching for dangerous armed suspect puts our officer's safety at risk. Unfortunately, incidents of this nature regularly result in the application of force,specifically deadly force, as officers are ambushed from fortified or concealed positions causing serious injuries and/or death to the involved officers and suspects. While we understand there is inherent risk in law enforcement operations utilizing technology to mitigate that risk as much as possible for officers,the public, and suspects is the proper way to handle these types of situations. This recent incident revealed that we do not have the adequate number of drones on hand to ensure consistent monitoring of a suspect and need to address this void immediately, as it gives suspects the opportunity to fortify or conceal their position, posing a potential threat to law enforcement, and/or continue their flight and evade law enforcement,which increases the potential risk to our community. With this officer safety gap in mind, the Meridian Police Department is requesting a budget amendment to purchase an additional large frame drone. This drone provides a more efficient battery system, increased battery life, and the ability to fly in inclement weather. This would give the police department a 3rd large frame option in inclement weather and would grant us the ability to provide constant overwatch for officers,while utilizing other platforms to conduct an area search and/or provide coverage of officers assigned to a search team. The estimated one-time cost of adding this equipment with these capabilities and the necessary accessories would be no more than $35,000.00. The police department strongly feels that waiting an additional year(during the next budget process) is simply too long given the risk at hand and relying on other agencies to fill this gap is not a solution. We respectfully request you approve this budget amendment. Thank you