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HomeMy WebLinkAbout2024-03-26 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, March 26, 2024 at 4:30 PM Minutes VIRTUAL MEETING OPTION City Council meetings can also be attended online or by phone. https://bit.ly/meridianzoommeeting or dial 253-215-8782, webinar ID: 810 9527 6712 Meridian City Council meetings are streamed live at https://meridiancity.org/live ROLL CALL ATTENDANCE PRESENT Councilman Doug Taylor Councilwoman Anne Little Roberts Councilman Luke Cavener Councilwoman Liz Strader Mayor Robert E. Simison ABSENT Councilman John Overton Councilman Joe Borton ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve the Consent Agenda (with removal of Item 22) made by Councilwoman Strader, Seconded by Councilman Cavener. Voting Yea: Councilman Taylor, Councilwoman Little Roberts, Councilman Cavener, Councilwoman Strader 1. Approve Minutes of the March 5, 2024 City Council Work Session 2. Approve Minutes of the March 5, 2024 City Council Regular Meeting 3. Approve Minutes of the March 12, 2024 City Council Work Session 4. Approve Minutes of the March 12, 2024 City Council Regular Meeting 5. Apex Northwest No. 4 Sanitary Sewer and Water Main Easement (ESMT-2024- 0005) 6. Vertex Subdivision No. 2 Pedestrian Pathway Easement (ESMT-2024-0008) 7. Firenze Plaza Shop Water Main Easement (ESMT-2024-0018) 8. Foxcroft Subdivision No. 2 and No. 3 Sanitary Sewer Easement (ESMT-2024-0028) 9. Chipotle AFC Buildings Water Main Easement (ESMT-2024-0042) 10. Foxcroft Subdivision No. 2 and 3 Pedestrian Pathway Easement (ESMT-2024- 0043). 11. Aviation Subdivision Water Main Easement No. 2 (ESMT-2024-0044). 12. Summertown Subdivision Sanitary Sewer and Water Main Easement (ESMT-2024- 0045) 13. Hatch Industrial Water Main Easement No. 1 (ESMT-2024-0047) 14. Village Apartments Phase 1 Sanitary Sewer and Water Main Easement No. 1 (ESMT-2024-0048) 15. Water and Sewer Main Replacement - E. Idaho Ave., N. Meridian Rd. to NE 6th St.: Temporary Construction Easements 16. Final Plat for Foxcroft Subdivision No. 2 (FP-2023-0031) by Kent Brown Planning Services, located at 3500 W. Pine Ave. 17. Findings of Fact, Conclusions of Law for Linder Condos (H-2023-0074) by The Architects Office, PLLC., located at 300 N. Linder Rd. 18. Findings of Fact, Conclusions of Law for Stonehill Church (H-2023-0041) by Stonehill Church, located at 799 W. Amity Rd. 19. Findings of Fact, Conclusions of Law for Ultra Clean Franklin (H-2023-0064) by KM Engineering, LLP., located at 3070 E. Franklin Rd. 20. Development Agreement (Watts Meridian Medical Partners H-2023-0075) Between City of Meridian and Reves, LLC for Property Located at 1256 S. Rackham Way 21. Approval of Compensation and Construction Stipulation Letter with Williams - Northwest Pipeline for a pipeline replacement project that includes a small portion of City Well 32 lot ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] 22. City of Meridian 2023 Financial Audit Report Approved Motion to approve made by Councilwoman Strader, Seconded by Councilman Cavener. Voting Yea: Councilman Taylor, Councilwoman Little Roberts, Councilman Cavener, Councilwoman Strader DEPARTMENT / COMMISSION REPORTS \[Action Item\] 23. Meridian Arts Commission Annual Update 24. Historic Preservation Commission Annual Update 25. Neighborhood Grants Program: Fiscal Year 2023 Project Close Out and Fiscal Year 2024 Project Recommendations PUBLIC HEARINGS \[Action Item\] 26. Public Hearing for Community Input on Meridian's Community Development Block Grant Program Action Plan Continued to April 9, 2024 Motion to continue to April 9, 2024 made by Councilman Cavener, Seconded by Councilwoman Strader. Voting Yea: Councilman Taylor, Councilwoman Little Roberts, Councilman Cavener, Councilwoman Strader ADJOURNMENT 5:34 PM Meridian City Council Work Session March 26, 2024. A Meeting of the Meridian City Council was called to order at 4:30 p.m. Tuesday, March 26, 2024, by Mayor Robert Simison. Members Present: Robert Simison, Liz Strader, Luke Cavener, Anne Little Roberts and Doug Taylor. Members Absent: Joe Borton and John Overton. Also Present: Chris Johnson, Bill Nary, Crystal Campbell, Lyle Ludwig, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE X Liz Strader Joe Borton _X_Anne Little Roberts John Overton _X_ Doug Taylor _X_Luke Cavener X Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is March 26, 2024, at 4:30 p.m. We will begin this afternoon's work session with roll call attendance. ADOPTION OF AGENDA Simison: Next item up is adoption of the agenda. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: We do have one change. We are going to move Item 22 off of our Consent Agenda for a brief discussion. With that change I move that we approve the agenda. Cavener: Second. Simison: Have a motion and a second to adopt the agenda as modified. All in favor signify by saying aye. Those opposed nay? The ayes have it and the agenda is agreed to. MOTION CARRIED: FOUR AYES. TWO ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the March 5, 2024 City Council Work Session Meridian City Council Work Session March 26,2024 Page 2 of 23 2. Approve Minutes of the March 5, 2024 City Council Regular Meeting 3. Approve Minutes of the March 12, 2024 City Council Work Session 4. Approve Minutes of the March 12, 2024 City Council Regular Meeting 5. Apex Northwest No. 4 Sanitary Sewer and Water Main Easement (ESMT-2024-0005) 6. Vertex Subdivision No. 2 Pedestrian Pathway Easement (ESMT-2024- 0008) 7. Firenze Plaza Shop Water Main Easement (ESMT-2024-0018) 8. Foxcroft Subdivision No. 2 and No. 3 Sanitary Sewer Easement (ESMT-2024-0028) 9. Chipotle AFC Buildings Water Main Easement (ESMT-2024-0042) 10. Foxcroft Subdivision No. 2 and 3 Pedestrian Pathway Easement (ESMT-2024-0043). 11. Aviation Subdivision Water Main Easement No. 2 (ESMT-2024-0044). 12. Summertown Subdivision Sanitary Sewer and Water Main Easement (ESMT-2024- 0045) 13. Hatch Industrial Water Main Easement No. 1 (ESMT-2024-0047) 14. Village Apartments Phase 1 Sanitary Sewer and Water Main Easement No. 1 (ESMT-2024-0048) 15. Water and Sewer Main Replacement - E. Idaho Ave., N. Meridian Rd. to NE 6th St.: Temporary Construction Easements 16. Final Plat for Foxcroft Subdivision No. 2 (FP-2023-0031) by Kent Brown Planning Services, located at 3500 W. Pine Ave. 17. Findings of Fact, Conclusions of Law for Linder Condos (H-2023- 0074) by The Architects Office, PLLC., located at 300 N. Linder Rd. 18. Findings of Fact, Conclusions of Law for Stonehill Church (H-2023- 0041) by Stonehill Church, located at 799 W. Amity Rd. 19. Findings of Fact, Conclusions of Law for Ultra Clean Franklin (H- 2023-0064) by KM Engineering, LLP., located at 3070 E. Franklin Rd. Meridian City Council Work Session March 26,2024 Page 3 of 23 20. Development Agreement (Watts Meridian Medical Partners H-2023- 0075) Between City of Meridian and Reves, LLC for Property Located at 1256 S. Rackham Way 21. Approval of Compensation and Construction Stipulation Letter with Williams - Northwest Pipeline for a pipeline replacement project that includes a small portion of City Well 32 lot Simison: Next -- first item up is the Consent Agenda. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I move that we approve the amended Consent Agenda, for the Mayor to sign and Clerk to attest. Cavener: Second. Simison: Motion and 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: FOUR AYES. TWO ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] 22. City of Meridian 2023 Financial Audit Report Simison: Next item up is Item 22, the City of Meridian 2023 Financial Audit Report, which was removed from the Consent Agenda. Recognize Council Woman Strader. Strader: Thank you, Mr. Mayor. Just briefly I wanted to discuss our 2023 Financial Audit Report. We owed our CFO some feedback as a Council, if we had any questions or concerns regarding the audit and, then, he had asked us a question whether we wanted to speak directly with the auditors. Just briefly, I know that today might not be the best day for some extended speaking, our CFO has lost his voice, but I could just summarize. I did have a pretty in-depth conversation with Todd regarding the one material finding in the audit report, which is in the procurement department. So, there has already been a remediation of that finding. It wasn't something earth shattering. It was a change in policy that was already reflected as part of our procedures. We have made that change. So, I'm comfortable that we have addressed that finding. And, then, in addition to that the Finance Department and I discussed the appropriations we have already made in previous fiscal years for internal control audits. It sounds like the plans for those are proceeding apace. So, I just wanted to provide that update and I thought, Meridian City Council Work Session March 26,2024 Page 4 of 23 Mr. Mayor, you could check if any other Council Members had questions, comments or desire to speak with the auditors at a later date. Simison: Okay. Council, any additional comments, questions, concerns? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Fantastic. It sounds like we are in good shape. With that I move that we approve Item 22, the City of Meridian 2023 Financial Audit Report. Cavener: Second. Simison: Have a motion and a second to approve Item 22, to the City of Meridian 2023 Financial Audit Report. Is there any discussion? If not, all in favor signify by saying aye? Opposed nay? The ayes have it and the item is agreed to. MOTION CARRIED: FOUR AYES. TWO ABSENT. DEPARTMENT / COMMISSION REPORTS [Action Item] 23. Meridian Arts Commission Annual Update Simison: Next item up is under Department/Commission Reports, which is the Meridian Arts Commission annual update. I don't know if Cassandra or Crystal is going to come up -- all right. It will be Crystal. One of the duties as new chair is coming in and giving that update. So, Crystal, thank you for being here. Paulson: Thank you. I'm just going to pull up the slideshow. It's all good. All right. As you heard, my name is Crystal Paulson. First of all, I want to thank Mayor Simison and the City Council for allowing me to come and speak with you today about what we are doing in the Art Commission. All right. So, our commission is looking a little different than it did last year. We have new council members as of last year. Myself, being Crystal Paulson, Brecken Bird and Shaun Muscolo are all new and, then, we just added Bridget King and so it's been fun to be a part of the commission and see everything that we do. So, this is just a review of what we have done in the last year. So, these are the goals that were adopted for December 2022-2023. As you can see some of them are ongoing and some of them we have completed. Okay. So, through the Meridian Arts In Public Spaces, also known as MAPP, through this ordinance City Council allocates 50 cents per Meridian resident to complete the public art project. Some of the slides that you are seeing is showing what we do with that. So, this is Carlton Place, the stop sign by Sector 17. It's a local artist collective. This is at the Meridian pool in celebration with their 50th season and it was a partnership with West Ada Recreation District. I don't know if you know this, but I actually teach classes on the second level of the pool house and the artists that did this -- they were done in two days. So, they were really great. It Meridian City Council Work Session March 26,2024 Page 5 of 23 looks good. If you haven't seen it maybe drive by or go by the dog park and see it. It's on that side. And it really did turn out very nice. The traffic box series. This is one of our ongoing projects. So, every year they go through and they have a company check them, make sure they are in good shape. So, we have -- you can see some of them. In the top right corner you will see one of the boxes that was actually -- a family reached out to us, because their student passed away and they asked to have their art on the box and so the commission partnered with them and able to do that. This is a beautiful piece. If you haven't driven by -- I haven't gotten the chance to go and actually look really close at it, but just driving by it's beautiful and the light shines on it. It really reflects and this is Water Metrics by Eileen Gay. It's at the Five Mile Creek Trail hub. And there is also a geocache inside of it. So, if you do geocaching it would be a good opportunity to go check it out. All right. So, I know many of you were at the Discovery Park opening and I don't know if you have been to the park, but it's very -- it's amazing. It blows my mind. So, we did partner with the Parks Department and other people, too. If you look at the signage you can see some of the signage that's going on. We also have these benches. I don't know if you have actually sat in the bench, but for someone my height they are very comfortable. These are actually -- if you look at the shape of them they are like a tank and they have cut it straight from that tank, so it's recycled, and they were stainless steel tanks and they are actually really cozy. So, as a patron of the parks I think that's an important feature and they are beautiful and they tie with some of the theme. All right. So, this is The Hole Ballgame by UrbanRock Design and this is over by the ball fields. If you haven't taken a look at this, it's -- it's really cool, because if you walk around it you can see some things from each angle and, then, when you stop right where the two pieces meet it actually forms a person in the inside in the negative space. All right. So, on the left you will see the sculpture Fanfare by Steve Parker. This is actually going up this week. It was held off because the artist couldn't get it done for the opening. So, we have extended -- we -- we worked with the original time and it's really cool -- hello? Okay. Because it deals with sound and so it's very interactive for people of all ages and, then, there is also -- if you look at the bike racks, they are definitely unique. They match with the benches and those just arrived and those will be going in as well. Okay. So, ongoing and upcoming public art projects in development. So, in 2024 the transit shelter wraps -- so, we started this last year. It's moving forward and these are going to be really awesome once they are all done. They are going to be full of color. They are going to be lovely. And, then, of course, the continuing traffic box program. As I said before, they review those, they see which ones need to be replaced and, then, they add new ones. Chateau Park. This is a really exciting project, because it is bringing a lot of the community together. People that live there. Parks and Rec. People from the Commission. And so they are all working together to make this a fabulous place for people to go. And, then, looking forward to 2025. Of course, the traffic box program will continue. I know a lot of people love the traffic box program. They are looking at the Linder overpass Meridian sculpture and downtown Quick project. All right. So, performing arts. This is really exciting. It may not look it just yet, but looking at it I mean the people are excited. But last year we had two groups of people that were interested, so we just split the funds. This year we had five groups. So, that's a significant growth. They needed -- I believe it was 70,000 dollars. Obviously, we couldn't accomplish all that. So, we did give out 7,000 dollars to Meridian City Council Work Session March 26,2024 Page 6 of 23 different groups and it was through the voting system, so it's exciting to see that this program is having further reach into the community. 2023 Concerts on Broadway. I don't know if you guys have been to the Concerts on Broadway, but they are a lot of fun. It has really good energy. The crowd has a lot of really good energy. The poster that you see here was done by local artists and it was really well received by the community and they had a really good time when they came. As you can see we have opening acts for each of the shows and, then, the headliners as well. This is the Art Week poster for 2023. If you notice it's done by the same artist. Every year we do an art drop and I like to get involved with the art drop. So, I will drop art off and I will talk to people and I do a class every time downtown and so you see grandparents bringing their grandkids and stuff. So, we do the art job. It's a fun part. They bring art. They pick up art. It's kind of like hide and seek with art. And, then, the community art party -- we combined the chalk art contest, the Buskerfests with live music and hands-on activities from different members of the community. Classes that were offered. The History Rock that was really popular. Entrepreneur class, writing class and, then, the plein air class, which I thought -- there was a discussion panel at the Initial Point Gallery that was really well received and, then, the gallery reception and, then, here is a visual of the community art party. On the left you can see a student participating in -- sorry. I say student, because I'm a teacher, but a young lady participating in art done by one of the vendors down there. Then you can see an art piece done on the community center and that was done by one of the art commissioners and it was fun, because it was at the same time as the chalk art competition. So, people go and talk to him and interact with him and ask him about what he was doing. Then the next set of pictures is the BuskerFest. We had a huge amount of youth turnout for that and they were the performers. So, that as a teacher that was really exciting to see. And, then, the last images you can see from -- those were two of the winners of the chalk art competition. Okay. So, Initial Point Gallery. This year in 20 -- well, last year technically -- in 2023 11 total exhibits, with 236 artists, one solo show and the WASD Youth Art, which happens every day, four organization groups exhibited and five group shows. Because of the group exhibits that's why our number is so high for individuals that participated and, then, our current show is the dance studies and that was a partnership with Bosco and Ballet Idaho and they worked together to create art for that show. They also did Ballet Idaho during the opening. They had a couple of dance performances and there -- there were a lot of people that showed up to that show. It was probably one of our best attended. This is our next upcoming show. It's really exciting. Stillness in the West. And so Rick Jenkins -- I used to work with him. So, he was kind of like a mentor to me. So, I'm really excited to see that. And you can see it's going to be beautiful art. If you guys can come down that would be great. So, a review of the 2020 to 2025 MAC strategic plan. So, we did go over the strategic plan this year. Jessica Peters, our former chair, she led that and we revised -- a lot of things were in that plan that we don't actually do, because it was written before we were a commission, so we have better perspective and so we have gone through and kind of seen what we are meeting and where we need to go and so it was very -- I think it was a good thing to -- also because that's when I applied. That's what I looked at to see what the commission did, so -- and, then, Meridian Art Commission adopted goals for 2024. Some of these are ongoing. Like our traffic boxes, things like that. And, then, of course, if you don't already follow Meridian City Council Work Session March 26,2024 Page 7 of 23 the art commission, I suggest you do, because you will know when all the galleries are, you will see the cool things that we do -- and I'm sure you already know, but if you don't you can check it out. So, this is the time where we get to answer any of your questions. Make them easy. If you have any questions this is the time I will answer them for you. Simison: Thank you, Crystal. Council, any questions? Little Roberts: Mr. Mayor? Simison: Council Woman Little Roberts. Little Roberts: Mr. Mayor. Crystal, thank you so much. I'm back to the Council after four years off and it's amazing to see the transformation with the Arts Commission. So, thank you to you and all of those serving. A couple of questions. One is just because I'm apparently pretty naive. I have no clue what a BuskerFest is and was curious. Paulson: Well, thank you, Mayor Simison and Council Members. So, I didn't know what it was either. So, a Busker is basically a street performer and we don't actually have a ton of those in the area, so I think that's part of the reason that the youth came, but it's basically a street performer. So, it could be a juggler. It could be someone dressed up performing. A belly dancer. Anything like that. Little Roberts: Great. Thank you. Paulson: Yeah. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Crystal, wow, what a busy year, particularly with so many new commissioners. I love seeing the enthusiasm for the work as you are presenting. So, thank you. A couple just quick comments and, then, maybe -- maybe a challenge for you to take back to the commission. So, first, I appreciate you kind of highlighting all the different types of art sculptures. You know, art is so subjective and you have found a good blend of different things for different people's tastes and I just -- want to applaud that and continue to commend that kind of diversity of -- of what art means to a lot of different people. My -- my questions I think probably for the commission is -- really pertains to the MAPPs ordinance and if -- if the funding that the ordinance collects is going to continue to meet the needs of the commission and, if not, I think we -- I would certainly invite you to bring that feedback back to us, either as a special presentation or your next year's annual update for something for the Council to consider some modification. And, then, I think an ask. Particularly I -- I was at -- I was a drama kid in -- in school and so I have such a love and appreciation for performance art and to see there is a lot of enthusiasm about that excites me and certainly there is challenges where there is lots of organizations that can use our support. One of the things that Meridian City Council Work Session March 26,2024 Page 8 of 23 caught my eye was that some of the grant dollars that you provided to the Treasure Valley Children's Theater was to offset the cost of tuition through that program and so I would encourage you -- you got a great member of our parks department that is here. Maybe there is an opportunity to get those programs offered through our city recreation guide and the reason why I would suggest that is that the city also has the Care Enough To Share program, which offers financial assistance to those that are in need to be able to take advantage of our programs and that may allow you to, one, get more access for students that want to do performance art and also preserves some of your funding to be able to continue to support ongoing performance art, because I think it's a -- it's a huge impact on our community and I just encourage you to keep doing a great job. Paulson: Okay. Thank you. We will definitely look over that and see what is possible for that. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you, Crystal. I want to compliment you. I think you are doing a fantastic job. One piece of feedback I have received from a constituent was a question that might have been forwarded to you by Dave Miles, but it was a question about the hours of the Initial Point Gallery is open and I know that there are a lot of people who work, you know, different hours and they want that art to be accessible. So, I was hoping you could kind of walk us through at least for the opening receptions, you know, do those happen in the evening sometimes? Kind of give us a flavor for when that gallery is open. Because I think people might find that information valuable. Thanks. Paulson: So, I can address part of it and, then, I'm going to refer to Cassandra for the other part. So, the Initial Point Gallery is open whenever City Hall is open. The opening shows do extend a little bit past the opening of City Hall. So, now I'm going to refer to Cassandra for the rest of that. Schiffler: Mr. Mayor, Council Member Strader, yeah. Your constituent is not the only one. I know artists and others have wished that the gallery would be open longer hours, but it is open during when City Hall is open, other than the first Tuesday of the month during the gallery reception, the -- some of the difficulties around that is when City Hall is closed trying to open it and staff it and security and HVAC and elevators, that all just kind of has to be open. So, there -- so, there are some challenges to opening it on other hours. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. I understand that and I think it would be probably a pretty large expense to do so. I would be curious what it would be. For the first Tuesday, though, that you Meridian City Council Work Session March 26,2024 Page 9 of 23 are open for those initial receptions, is there kind of a rule of thumb of how late you do stay open? Schiffler: 7:00 p.m. Strader: 7:00 p.m. Thanks. That -- that's helpful, because that is, you know, a little bit different and would help I think some people that get off work at a different time. Appreciate the information. Simison: Council, any additional questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Not an additional question just one more comment, since we have got Cassandra up here. I just want to share with Council -- I don't know if you are an avid reader of the Idaho Business Review like I am, but this morning the IBR announced this year as 40 accomplished under the age of 40 and our own Cassandra was recognized and so just want to congratulate you for being recognized and appreciate your great work for our commissions and our community. It's a win for everybody and we sure appreciate you. Schiffler: Thank you. 24. Historic Preservation Commission Annual Update Simison: Thank you very much. And, Cassandra, why don't just stick around while Blaine does his thing or -- or not. So, with that we will move on to Item 24, which is this Historic Preservation Commission annual update and we will invite the Chair Blaine Johnston up to make comments. Johnston: Mr. Mayor, Members of City Council, thank you for this opportunity to give our annual report. We have had a very productive year this past year -- if I can get this to work. Up? Down? There it goes. As most of you probably realize we have got a big -- we have got the Meridian Speedway on the National Registry of Historic Places. It's been a four year process. We started this back in 2020 after Firebird Raceway was listed we thought, well, why isn't Meridian Speedway listed. It's been around a lot longer. Through all the work, the work of our consultants, got all their submitters down, sent to Idaho State Preservation office, went to national and they finally recognized this this past month. So, we have had a lot of feedback in the news. While newspapers, TV stations, I would like to podcast about this, which is a bit nerve racking, because I'm not a real good speaker. But it was fun and that's great news for the city, HPC, and the community itself. So, May is Preservation Month as you know. Last year we had a good turnout. We did a walkthrough of historic properties in Meridian led by Barb Bauer from TAG. She volunteered her time for that and greatly appreciated. We had a good Meridian City Council Work Session March 26,2024 Page 10 of 23 turnout for that. We had a reconnaissance survey completed by then highlighting important properties in downtown Meridian. There was 256 properties surveyed from basically City Hall north. A lot of older homes that we looked at, some of the older homes that are just sitting on -- build kits. You can bring them in and people constructed them. So, there is a lot of interesting properties down there that we will do some further work on. That includes the East Idaho Avenue block with the historic buildings downtown. We also nominated the Tolleth house for position, which they have received. Elizabeth Burgess has done a great job restoring that house back to its origins and that's a great, great complement to downtown Meridian. And here is some photos of the Tolleth house and Hidden Gems event. On HPC products we are continuing our virtual tours through her friends that photograph properties downtown, brought in future areas of the city. A picture of a Eggers farmstead. So, people can get a look at these online, they can look at these photographs and realize the history of Meridian. Our ongoing walking tours. They are self guided. You download the app on their smartphones and do the self-guided tours. A lot of time people can make it down to our designated time for Preservation Month and you need to take your family out just to walk around Meridian and get a little bit of the history about it. We, too, have social media accounts, Facebook, Instagram. To highlight some activities we are doing. Our highlights our here. We are also trying to create some interesting content in those for people to look at and comment on as far as buildings and history of Meridian. What's next is we are updating our historic preservation plan. The last one was completed in 2014 and, obviously, Historic Preservation Office recommends we update this every ten years. So, our ten years is up. We just received a grant from SHPO to do a major portion of this work, so we are thankful for SHPO recognizing our efforts in preserving this. That will give us a framework for what we want to do for the next ten years in preserving our downtown Meridian, but other historic properties in the city. With that I thank you, Mr. Mayor, Members of City Council, and I'm open for questions. Short and sweet. The way I like it. Simison: Thank you. Council, questions for Blaine? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Blaine, appreciate it -- of course it's not, Dean. But it is now. Appreciate that. Blaine, every year I feel that you come here and I say, man, what a banner year for HPC and I'm always wondering how you are going to top it and -- and here you are again topping your success of last year. But I do have a question and, then, maybe also a complement. This change with Meridian Speedway with its historical designation, does that have any impact on its future operations, modifications to the site, new stands, less stands? How -- how does that designation impact I guess the -- the future of that site? Johnston: Mr. Mayor, Councilman Cavener, as far as I know it's not going to impact the usage at all. I have had that question before. Meridian Speedway is just going to exist Meridian City Council Work Session March 26,2024 Page 11 of 23 the way it is. Operate the way it is. One of the questions that came back from the National Park Service in our submission was back in 1980 the bleachers were changed out from wooden ones to aluminum ones for safety reasons. They are not original to the site, but did not detract or take away from the experience of going to the Speedway and they recognized that for us, so as far as expansion I don't see it's going to impact the expansion if they need to do some changes, redo the bleachers again, concession stands, any of that stuff. I don't -- I don't see that's going to change the recognition at all. Cavener: Great. And, then, Mr. Mayor, just one comment real quick and I know we have got a -- an application later on this evening that HPC provides some commentary on and I won't speak about that specifically, I will wait until that meeting comes up. But I just -- I want to -- I thank you and commend you and the commissioners for being action oriented about our history and our community and just want you to know that the voice that comes from the HPC I think really resonates with the Council and just appreciate your great work around the Eggers Farm and making sure that the history of that site is front and center for the Council to consider. Johnston: Mr. Mayor, Mr. Cavener, thank you so much for your comments and we appreciate that and we appreciate all of the things that the City Council does for us. I appreciate -- or we appreciate being able to use Council Chambers for meetings. I have been to some meetings where they are held in conference rooms. The work gets done, but it's not the same feeling as meeting -- so, thank you so much for that. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I just wanted to say for a group that's focused so much on the past you are doing a remarkable job of addressing the future and I really appreciated your moves into virtual tours, the digital realm, everything kind of forward looking. I think that's really important for preserving our history and I just wanted to share my compliments on that. Johnston: Thank you so much. Little Roberts: Mr. Mayor? Simison: Council Woman Little Roberts. Little Roberts: Mr. Mayor. Blaine, I just wanted to add my thanks. I, again, was -- four years ago was able to be the liaison to the commission and just really enjoyed my time there and it's just fabulous to see the amazing continued work that the commission is doing saving our history. Johnston: Thanks so much. Meridian City Council Work Session March 26,2024 Page 12 of 23 25. Neighborhood Grants Program: Fiscal Year 2023 Project Close Out and Fiscal Year 2024 Project Recommendations Simison: All right. Thank you very much, Blaine. Appreciate it. Next we will move on to Item 25, which is neighborhood grants program, Fiscal Year 2023 project closeout and fiscal year 2024 project recommendation. Turn this over to Mr. Cluff. Cluff: Thank you, Mayor and Council. My name is Jacob Cluff. I'm the community relations and policy advisor here for the City of Meridian. I get the honor of doing the neighborhood grants program each year. It is an ever evolving program and I wanted to recap a little bit of what's going on, give some brief history of what the program is and what's going on and what's going to be going on forward. To do a small recap, this is the third year of this program. We are entering into another year of applications, which we will talk about those funding requests later. Previously we have had two very successful years funding five projects and I get to do some fun and get to review some of those. So, in 2022 we funded three projects. The Beep Beep Jeep, which is a fun little nickname to say, but at -- at Bear Creek Park, at Heroes Park a pollinator garden and, then, had a program partnership with the American Legion right across the street. We are going to start off with the Beep Beep Jeep at Bear Creek Park. The Burgess family -- this was an idea from their family to honor a family member, as well as to honor the connection that they have to the Jeep community here in Meridian and if you haven't visited yet, it's a great play area. It's accessible to all and it's just a fun one. That picture is of the Mayor and a couple of members in -- in attendance just having fun and cutting the ribbon. The next one is going to be the Heroes Park pollinator garden with Meridian Co-op Gardeners, which actually have their annual meeting right behind us here in about 30 minutes. They would love to talk to you about that. They are very passionate about what they do and they give us a lot for what we give them. This is all around a great volunteer opportunity for people. They solicit to the community. They force their kids to come out and dig holes, but they -- but they create a beautiful space for us and this is just one of the many projects that they work around the city, but this was one that was funded through this -- through this program, as well the flag disposal box and disposal program with the American Legion Post 113. We have two locations for these flag disposal boxes. One at Station 5 and one at Station 1 . 1 know they have been getting a lot of flags and they have been going through them as fast as they can. They have a partnership with another American Legion program and they are doing their best. We also funded some burners for them and it's -- it's been a great program and really inspiring to see the -- the impact that the American Legion has been -- has been doing and I heard they just got a new -- new renovations over there, too, as well, so -- last year we were going to fund three projects. Connection Is The Cure was going to be that third project. They actually got a funder to -- to cover the bill, so they decided that they were not going to take up the grant process with us. One of the projects was our I Heart Treasure Valley in the Kelsall wheel -- and the conflict resolution training that they do with -- they go to middle schools and elementary schools and they play a game with the -- with the kids. Mark Thornton would love to have that game played with you guys. So, get in contact with him, he would love to do it. But it was a volunteer opportunity that they do. They work around the Treasure Valley. This was a wonderful Meridian City Council Work Session March 26,2024 Page 13 of 23 organization that was able to add some -- add a little bit of emotional awareness for our kids as we go forward. The other project that we funded last year would be the Center at the Park outdoor repairs by the Meridian Senior Center. The outside was becoming dangerous to the public and needed to be -- needed to be renovated and shored up, so -- now let's talk about this year. This year for the 2024 1 am seeking approval and recommendations for the 2024 budget funds for the neighborhood grant program. Through the scoring applications we have got three projects that has rose -- that have risen to the top. One would be the Meridian Library Foundation for books for the Meridian Library District. The Senior Center has, again, put forth a park improvement. This would be for accessible seating and benches for the back patio and, then, we also have an organization called David's Hope. David's Hope is a memorial for pregnancy loss and infant loss and they are working with the Meridian -- Meridian Cemetery District to put together a great memorial in the new addition that they are planning. It has a gazebo and many other things. You probably saw it in the application, so -- and thank you, Council. I will keep this very brief and short. So, I will stand for any questions that you might have. Simison: Thank you, Jake. Council, questions for Mr. Cluff? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Jake, appreciate the good work. I know it's sometimes herding cats to get scores and applications and kind of keep that process moving forward, so I appreciate your diligence on that. We encountered I think this year, you know, two requests that are not being recommended and part of that was because they kind of exist on private property and we encountered that same challenge last year and it's -- I struggle with it, because we call it a neighborhood grant and we have yet to do a project in a neighborhood and so I worry that by calling it a neighborhood grant program we are inviting ultimately types of requests that we don't feel that we should fund and I guess I -- contrary to that I -- the project, particularly the one that would take care of some of the trees along the sidewalk area to me when -- when I was first approached about this program it's those types of projects that I would like the city to be doing more. So, I guess my -- my question for you is as -- as the Council -- have we created our own limitation from being able to achieve maybe what the intention is -- is that we have got to do better education of grants submitees to have it meet what the goal is? Help me understand how we can get to starting to actually fund neighborhood projects, instead of just ancillary projects as part of other taxing districts and other forms of government. Cluff: Yeah. Mayor, Council, great question. A lot to unpack there. With your first observation that it is called neighborhood grants and we are not funding as many things in a neighborhood that we were initially believing that we would. That does come down to that private-public space. I included those two, the vineyard HOA tree removal and common area management into it, due to the fact that there was a small piece of public property along with it. But, again, they -- it is submitted in a way that it is the majority Meridian City Council Work Session March 26,2024 Page 14 of 23 going towards a private property improvement. It would be really great to sit down with all of you guys and all of Council about what your vision is for the future, how you feel like this program should improve. Maybe look at how we can reword it. You have some really great experience throughout your professional career and it would be great to lean on that and ask some questions on that, so -- I may have sidestepped it a little bit, but please -- Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I think so. I think that it -- you know, we have -- this is our -- in our fourth iteration and certainly, you know, we did the participatory budgeting program before that and I think we are getting closer to what I had hoped, you know, six or seven years ago when we went down this path we would get to and, again, the desire of Council may also change and evolve, so I -- I think potentially this summer a workshop session about this -- I think there is some very simple changes that we could make that would make these programs more with what is intended to be done. Frankly, I think next year if we are getting more requests for projects that are occurring on city property I'm probably not going to be very supportive, because we have other mechanisms that -- those projects are important. We have got a mechanism to do it. This is really designed to go outside of city-controlled assets to make an impact in our community. So, we will work with the -- with the Mayor's office and get something like that scheduled sometime this summer. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Jacob, good to see you and thank you for the presentation. One question on how -- how do we get the word out, advertise, make people in the community aware of -- of these grants? I think that might speak a little bit to some of your concern, those who are here involved in the process and pay attention would know about it, but maybe we are trying to help those who wouldn't be. So, I'm just kind of curious what -- what do we do to kind of make this program available and aware to people outside of that -- you know, the inner circle scope of those who pay attention to city governance? Cluff: Council, Mayor, Councilman Taylor, so we have a couple of different ways that we are doing that. We always send out a media release to our comms manager and our comms team, as well as social media posts. We regularly -- regularly posting about this opportunity during the time that we are allowed. We don't want to go before the budgeting process, because I don't want to be trying to backtrack and, yeah. But as well as sending out to previous recipients, previous applicants and, then, personal networking, too, as well. So, direct mail -- direct e-mails, social media, press release. First year -- not first year. Second year FY-2023, we were able to actually get a small news story about it, too, as well, which got some good traction and had some interested Meridian City Council Work Session March 26,2024 Page 15 of 23 individuals that were learning about the program and, again, this year I do want to preface -- the numbers might be a little lower, but that's also for the fact of one of the feedbacks that I got from last year was this -- a large file coming in to you -- coming to Council and many of them not able to be funded. So, the idea was to try and whittle that down to an appropriate number that was manageable and as well were able to be funded, so -- Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just -- as we are sort of thinking about how to visit this in a workshop session or something, what -- what is the timing in terms of when you will go back out do you anticipate for the next round of applications? What's the timing been? Cluff: So, Mayor, Council Woman, we will do it around the budgeting process. So, the first week in October, once the budget is approved, we hit the ground running with as much advertisement, both social media and with a press release. Again, it's -- I don't want to go before -- I don't want to put the cart before the horse and get in trouble that way. But, again, I think the effectiveness is there and the numbers don't really tell the story with the amount of people that were contacting us, but I do think that it's a strong -- we have to continue to educate the individuals that were interested in this year, keep them engaged for next year, teach them how to do this. Many of these individuals do not have -- do not have the professional grant writing capability or have that experience, but they are learning the process and they are excited about what they want to do and what they want to bring to Meridian, so -- Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you. Yeah. I -- I think it would be great for us to have a workshop session to -- to talk about the purpose of the program, how we can kind of tailor it and how we can help make it accessible for individuals. I think that's really important, as we are sort of, you know, covering a group that -- that doesn't normally maybe access these types of grants. Are you looking for action from us today regarding the recommendations listed here? Cluff: I believe I just need approval for staff to go out -- to begin the process of getting the contract signed for these -- in these grants that are recommended from -- from the scoring and, then, compiled by myself. Strader: Got it. Mr. Mayor? Simison: Council Woman Strader. Meridian City Council Work Session March 26,2024 Page 16 of 23 Strader: I thought the recommendations made good sense. I -- there was a question in my mind about the additional tree removal items and I do think we need a workshop session to sort of talk through those types of applications, but I did think that -- that these three items made good sense and would help our community. Particularly, thought that the memorial for pregnancy and infant loss was a very unique type of project that I thought, you know, could really impact the community. I'm curious if Council has other feedback about these three recommended projects, if we are going to continue discussions about the purpose of the program and intent, we can, but wouldn't -- if we are all supportive of these three projects I would think it would make sense to move those forward tonight. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Maybe a question for our -- for our legal staff or Jake is -- I'm supportive of the three recommendations, but I would -- where we have excess budget, also funding the -- the tree and plant project, because I believe it's in line with the intent of the program, but I just want to make sure there wouldn't be any concern from legal that we are moving outside of the bounds of kind of what the letter of the rule states versus kind of maybe what has been intended by Council with this program. Nary: So, Mr. Mayor, Members of the Council, I mean, again, it's -- it's your program, so you are certainly free to deviate slightly if you need to. Cavener: That would be my recommendation is that we take the three recommended by staff, but also include the tree implant project as the recommendation by Council. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I have struggled so much with the inclusion of, you know, these enhancements for private property. I'm still -- I'm still grappling -- still grappling with whether that's our role. I think I would be open to doing it on a pilot basis on this one and trying to see if we can work through that legally and kind of what -- you know, if we could have legal and the team kind of report back on what the challenges are and what we are encountering. I don't think it's going to be -- it doesn't sound like it's going to be as straightforward as we are all hoping, but I think I'm open to trying to do that with those projects and that's new ground that we would be trailblazing, but from what I understand from people that were on the Council that was part of the intent of the program. So, I'm open to trying that just for feedback. Simison: Got a lot of thoughts, but I'm going to withhold them for now, because I think this open -- this does open up a box in a lot of different ways that's -- I mean we have been very diligent in art, for example, of not putting art on things that we don't own. Meridian City Council Work Session March 26,2024 Page 17 of 23 That now -- I think that -- you know, Emily's not here. I don't know how to -- I'm not involved in the conversations and maybe Dave or Jake wants to -- I know she's had some very strong opinions on this. She is not the city attorney. He is sitting right there. But just as -- if we go down that road I think we are -- we can call it a pilot project, that does change the dynamics of how we view pretty much everything that we spend money on potentially. Or not. Miles: Mr. Mayor and Council, your comment is very important and valid. I think we have worked through this program and run into roadblocks before, but I do appreciate your -- your comment and suggestion, Council Woman Strader. I think we could certainly look at it and bring back the feedback as we progress through the process. I can't stand here and say that we can make it happen given the rules that we have from finances and the legal aspects of where we can and can't spend money as a city entity, but happy to look into it and I think this has been probably the primary area where this program has sort of met the struggle of the desire of the Council and what the city could actually do and we are always open to try and find how we can navigate that if we can and if we can't we can come back and tell you we can't. Cavener: Mr. Mayor? Simison: Yeah. And just to add in like -- if it's a finance policy we can change the finance policy. That's not an issue. If it is state law, then, where -- what are you willing to do in opposition to state law? Cavener: So, Mr. Mayor? Simison: Councilman Cavener. Cavener: I think Council Member Strader's got a great suggestion. Let's pilot this, just like with past years with neighborhood grants we have learned and we have improved. The intent is there. This is what the Council wants to do. If we are prohibited from doing that we trust that you will come back and, obviously, let us know that and, then, think that is good information for us to take into account as we go into this workshop session about here is what Council wants -- this is our intent. Can we do it? And, then, let's build the matrix and the mechanism to make sure that we can execute it that way. Miles: Great. Thanks, Mayor and Council. So, we will progress as if we can and if we can we will keep you updated and hit any roadblocks we will let you know that as well. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: For action, then, a motion in and a -- Meridian City Council Work Session March 26,2024 Page 18 of 23 Simison: No. You will take a motion and actions on each individual issues that come back with signed contracts or otherwise. And if you don't see one for that one, you will understand why, because there will be a conversation one way or the other, but we will move forward on those three that are -- well, will move forward on all of them, but, yes, you will take individual action as they come forward. If I was concerned I would make -- I would say as to one, but we have four head nods and -- Cluff: Thank you, Council. PUBLIC HEARINGS [Action Item] 26. Public Hearing for Community Input on Meridian's Community Development Block Grant Program Action Plan Simison: Thank you. All right. With that we will move on to Item 26, which is a public hearing for community input on Meridian Community Development Block Grant Program Action Plan. We will open the public hearing with comments from Ms. Campbell. Campbell: Thank you, Mr. Mayor, Members of the Council. Let me open this really quick. So, we are right at the beginning of our action plan -- planning period. We are getting ready to develop it and we are wanting to reach out to the public to make sure we have their feedback, so that we are incorporating the projects that they are actually wanting to see. Quick overview of the CDBG program. This is a grant that Meridian receives directly from HUD. So, every project has to come back to creating housing stability. It's also for people who are low to moderate income, which is 80 percent or less of the area median income and it's for people who are Meridian residents. They have to be within city limits. If you are trying to figure out what the AMI looks like, an example would be a four person household can make up to 71 ,300 dollars and still qualify for this program. We have a couple of different guiding documents. The main one is our five year consolidated plan. It defines the goals for the upcoming five years. And, then, we have an annual action plan, which is what we are getting ready to develop, and it says how we are going to meet those goals and what activities we are going to fund. And, then, at the end of the year we have the report to say how we are progressing towards those goals. So, again, we are at the beginning of the planning process and we have an application opening on April 1 st. It will be open the -- the entire month of April and the first thing that we are trying to do as we are asking for community feedback is to ensure that the Consolidated Plan stays relevant and that we are continuing to meet the needs of the community. We are also wanting to review current -- current partnerships to make sure that these partnerships are working and that the needs of the community is being met and, then, we want to see if there is any other potential partnerships that we should be seeking out to see if there is other services that we need to provide. So, for our applications we have public services and housing, potential projects for public services that we are funding right now. Our emergency rental assistance, childcare scholarships, and we are actually funding domestic violence services this year as well. Potential housing projects include homebuyer assistance and homeowner repair and we do not have an application coming for our public facility Meridian City Council Work Session March 26,2024 Page 19 of 23 and infrastructure improvement dollars, because we are using the rest of the con plan to work toward walkability projects that were identified in our LMA walkability study. When we develop the con plan we also look at the analysis of impediments to fair housing and when we did this, then, there were three impediments that were identified. So, I'm going to go through each of those impediments and talk about the actions that we are currently doing and, then, potential action items that I would put into our upcoming plan, unless there is feedback that says that those are not a great plan. So, the first impediment is lack of data on fair housing violations. The city wasn't requesting this information previously. So, in the meantime we have made contact with Intermountain Fair Housing Council and Idaho Legal Aid and we are requesting that on an annual basis and moving forward we would like to identify a fair housing contact and this person would be able to refer residents to appropriate resources and, then, collect data on any calls that we receive to the city. So, we just kind of want to streamline that, so that if there is a call coming in people know where to go. We do have an action item of fair housing testing that was included as a recommendation in our Al, but we are recommending that's put on hold, because Intermountain Fair Housing Council is actually receiving other federal funding to do this and so unless there is a great need in Meridian, then, we would rather put our resources elsewhere. For impediment two, there was a lack of sync -- or lack of complaints was out of sync with our community feedback. So, we are trying to provide greater outreach and support to residents when they are trying to file a complaint. So, ongoing actions. We have a group that we meet with regularly. It's the Treasure Valley Entitlement Communities. We call the group the Can-Ada Collaborative and we discuss actions like this and how to address it. We also have a fair housing radio campaign for Fair Housing Month in April that we work with the Can-Ada collaborative on. For future years we would like to continue to find opportunities to educate the public and we would like to update the language access plan. We would also like to work toward a Fair Housing Month proclamation and a fair housing webpage. For impediment three there was concerns with fair housing violations in the rental market, because all of the violations that were documented were for renters. So, ongoing actions. We are working with Intermountain Fair Housing Council to hold a fair housing training here at City Hall next week, actually. So, that's something that we will continue to work with. We also have been working to help facilitate the Idaho Fair Housing forum for the last couple of years and, then, again, that Can-Ada collaborative group does a lot to discuss how to address these situations. Moving forward we will look for opportunities to provide education to rental management and rental property organizations. Quick overview of what the application process is going to look like. The application opens on April 1st. We will have an application workshop for anybody who is wanting to apply on the 16th and, then, it will close on April 30th. In early May, then, we will have a scoring committee that reviews the applications and, then, late May they will make the recommendations and do all the scoring and everything and, then, I will update our action plan, put all of their recommendations in there and the draft plan will be open for public comment from June 11th to July 14th. So, again, what we are asking is for the community to provide feedback on the needs and potential partnerships for services in Meridian. If people would like to provide the feedback they can scan this QR code and it will have questions related specifically to those items or they can e-mail me at ccampbellCcD_meridiancity.org Meridian City Council Work Session March 26,2024 Page 20 of 23 or call me at 208-489-0575. And we also have a website, meridiancity.org/cdbg where people can find additional information, including all of our plans. And with that I will stand for questions. Simison: Thank you, Crystal. Council, any questions? Taylor: Mr. Mayor? Simison: Councilman Doug. Taylor: Close enough. Crystal, thank you. I was kind of interested with the lack of data or kind of syncing with what are we receiving in terms of complaints or issues with fair housing. Have you reached out at all to Consumer Protection Division at the state? I think it's under the Attorney General's Office. They are primarily responsible for those types of consumer-related issues where there might be a violation. So, I'm wondering is there data that they would have that would help you have a better idea of kind of the issues here in the city? Campbell: Mr. Mayor, Council, that's a great suggestion. I wasn't aware of that. So, I have not reached out to them. My main -- with my contacts and it's mainly HUD, fair housing, things like that. So, I -- no, that's a great suggestion. Thank you. Taylor: Mr. Mayor, if I could just a follow-up comment. Simison: Councilman Taylor. Taylor: I think in the past that they have -- even that the office has put together a -- kind of a guide for property managers on how to make sure that they are in compliance with fair housing laws and things like that. So, I think it's a great resource where there is -- there is information there. I think you should include them as much as you can, not just for information, but inviting them to participate in any of your -- your forums, you know, training for property managers and companies, which I think is a great idea just overall, because Idaho is one of two states where property managers are not licensed. It's Maryland and Idaho. And so there is -- you don't have to hold a license to be a property manager and so they are -- I think educating them on some of these issues is significant. I think a higher level of -- I would love to see this in Meridian and, of course, statewide, but at least in our city I think if there is a higher level of understanding of what -- not just what the laws are, but ensuring there is a good relationship between landlords and tenants, I think would help address some of our problems. I know some of the emergency rental assistance programs we have in the valley -- one of the best things they do is act as a mediator and they can keep people in housing by just having a conversation and I think -- I think that would be a great use of our time to do that. So, thank you. Campbell: Thank you. Meridian City Council Work Session March 26,2024 Page 21 of 23 Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Every year I struggle with the homebuyer assistance component of the program, because it's very underutilized. It's very targeted toward a small number of people. I feel like it has a very limited impact. I'm just curious to hear what the alternatives are. What are other things we can kind of pursue? I understand that there are very stringent requirements of these programs and a lot of red tape, but -- you don't have to answer that, but I'm just curious, you know, even a follow-up conversation what are sort of alternatives that we can kind of pursue, because in the past, you know, we have had this homebuyer assistance plank as kind of part of our program. It's been very underutilized and I would just hope we could, you know, sort of find some -- something else that might have a better impact or where dollars could go a little bit further, especially in this market, I think it will be really challenging to make that effective. Campbell: Mr. Mayor and Council, those are great comments and you are absolutely right. I actually did have a conversation with the organization that we typically partner with on that and told them that I actually wouldn't recommend it. I'm not the one who makes the final decision on the applications and so if they want to provide that application it's an open application, but I did tell them that I would let the scoring committee know that it probably wasn't the best use of funds and to -- it is tricky trying to put CDBG funds into housing, because we can't actually do any type of construction. So, what we found is that the homeowner repair program has actually been really successful and our best way to help as many people as possible and I don't have the exact numbers off the top of my head, but the majority of people that we are helping are elderly women who are single with limited income. So, it's -- it's actually helping people to age in place and it's creating a way for them to stay in housing that's affordable to them. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thanks for that feedback. I appreciate that. Simison: Are there any additional questions for staff? Okay. Well, this is a public hearing. Is there anybody present who would like to provide testimony, either in person or online? Seeing none, Council, is it your desire to leave the public hearing open? Strader: Mr. Mayor? Simison: Council Woman Strader. Meridian City Council Work Session March 26,2024 Page 22 of 23 Strader: I guess I move that we keep the public hearing open. I don't know if we need a motion for that, but that -- that would probably makes sense at this point. Simison: Do we have a date certain that this needs to stay open until? Campbell: No, not necessarily, but I do have a public comment period that closes on April 7th. There is a couple of places where I'm going to be next week. I'm going to have an open house -- actually out here when you guys have your Council meeting next week and I'm also going to the Do The Right event. So, after that, then, I was hoping to collect everything and end it on April 7th. The only real deadline is that if there is any extra organizations that are identified I want to make sure that they have time to complete an application. Simison: So, would you want to continue this until April 9th to allow time for everything to be added in, an additional comment period? Campbell: Sure. That sounds great. Simison: Does that work for the Council? Okay. Then a motion, please. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I move that we continue the public hearing for community impact on Meridian's Community Development Block Grant program to April 9th. Strader: Second. Simison: Have a motion and a second to continue this item until April 9th. Is there further discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is continued. MOTION CARRIED: FOUR AYES. TWO ABSENT. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I move that we adjourn the meeting. Simison: Have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FOURAYES. TWOABSENT. Meridian City Council Work Session March 26,2024 Page 23 of 23 MEETING ADJOURNED AT 5:34 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 4-9-2024 ATTEST: CHRIS JOHNSON - CITY CLERK 4-9-2024 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the March 5, 2024 City Council Work Session Meridian City Council Work Session March 5,2024 Page 22 of 22 MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION: (5:35 p.m. to 6:05 p.m.) Simison: Council, do I have a motion? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Move we come out of Executive Session. Overton: Second. Simison: Have a motion and a second to come out of Executive Session. All in favor signify by saying aye. Opposed nay? The ayes have it and we are out of Executive Session. MOTION CARRIED: FIVE AYES. ONE ABSENT. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Move that we adjourn. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 6.05 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 3 / 26 / 24 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK W IDIAN� AGENDA ITEM ITEM TOPIC: Approve Minutes of the March 5, 2024 City Council Regular Meeting Meridian City Council March 5,2024 Page 23 of 23 provide some information, that I want to create that opportunity to do that. So, I was not looking in my motion to limit public testimony or anything. Certainly Council's got some sideboards about the things we are going to want to focus on, but I don't want anyone to feel that they couldn't come and provide some added testimony. Simison: Thank you. Further discussion on the motion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the public hearing is continued until March 26th. Thank you all. See you at the end of the month. FUTURE MEETING TOPICS Simison: Council, we vacated the executive session, so any future meeting topics or do I have a motion to adjourn? Borton: Mr. Mayor, I move we adjourn. Simison: Motion to adjourn. All in favor signify by saying aye. Oppose nay? We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 7:21 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 3 / 26 24 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the March 12, 2024 City Council Work Session Meridian City Council Work Session March 12,2024 Page 16 of 16 Simison: Councilman Borton. Borton: Move we come out of Executive Session. Strader: Second. Simison: Have a motion and a second to come out of Executive Session. All in favor signify by saying aye. Opposed nay? The ayes have it we are out of Executive Session. 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: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 5:59 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 3 / 26 24 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the March 12, 2024 City Council Regular Meeting Meridian City Council March 12,2024 Page 66 of 66 Simison: Council, anything under future meeting topics? Or do I have a motion to adjourn? Borton: Move to adjourn. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 9:27 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 3 / 26 24 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Apex Northwest No. 4 Sanitary Sewer and Water Main Easement (ESMT- 2024-0005) ADA COUNTY RECORDER Trent Tripple 2024-015452 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 03/27/2024 08:08 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name or Subdivision Name: Apex Northwest Subdivision No.4 Sanitary Sewer&Water Main Easement Number:—I - Identify this Easement by sequential number ifthe project contains more than one easement of thistype.See instructions/checklist for additional information. For Internal Use Only ESMT-2024-0005 Record Number: SANffAHY SEWER AISM WATER MAIN EASEME T THIS Easement Agreement made this 26th day of March 20 24 between Monte C.Miller and Maureen E.Miller, ("Grantor")and the City ofMeridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described;and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others;and WHEREAS,it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration,the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities,together with their maintenance,repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. T O HAVE AND T O HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement Page 1 Version 04/17/2023 THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings, trash enclosures,carports,sheds,fences,trees,or deep-rooted shrubs. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of-- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs,personal representatives, purchasers,or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Monte C. Miller - aureen F-. I er STATE OF IDAHO ) ss County of Ada 'j 7 N This record was acknowledged before me on Vl ( (date) by O Q Monte C.and Maureen E.Miller (name of individual),CO EEpleaa-�1�8el�og Sbgiit�tg—Iit-1� r -re�resrers�sfii�e-errpae��}+,- er��tri#�ilie- o>x1�+meS' srgrri�rg`;ir��rr-txc�i�iduc��-eapde;tp)-©A r0)UOU N -j W belial€©€---------------- - -------------- e- f--e 4� -behalf-4-whem rveqF -was v Z CO a� ��c�s ,-in-tlo llewi r r�s�tativs� r�i o°- LL w aatlioy-s> as4€filer-ova} Fn ro z2 ¢w 0 I— I-. _ 00Z� U2 rol S324IdX3 OISSIWWOC)"Y c� V01 d0 31VIS nand A� JVLON Not SignatureU NOISSIwwOO My Commission Expires:,wooiN eoNdWd Sanitary Sewer and Water Main Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 3-26-2024 Attest by Chris Johnson, City Clerk 3-26-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 3-26-2024 (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 Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023 km E N G I N E E R I N G October 11,2023 Project No.:22-023 Lake Hazel Rd.Sewer and Water Project City of Meridian Sewer and Water Easement Legal Description Exhibit A A parcel of land for a City of Meridian sewer and water easement being situated in a portion of the Northwest 1/4 of the Northeast 1/4 of Section 6, Township 2 North, Range 1 East, B.M.,City of Meridian,Ada County, Idaho being more particularly described as follows: Commencing at a 5/8-inch rebar marking the North 1/4 corner of said Section 6,which bears N89°42'21"W a distance of 2,640.00 feet from an aluminum cap marking the Northeast corner of said Section 6,thence following the northerly line of the Northeast 1/4 of said Section 6,S89.42'21"E a distance of 36.00 feet; Thence leaving said northerly line, S00'17'39"W a distance of 46.00 feet to the POINT OF BEGINNING. Thence S89`42'21"E a distance of 54.00 feet; Thence S00°17'39"W a distance of 10.00 feet; Thence N89°42'21"W a distance of 54.00 feet; Thence N00°17'39"E a distance of 10.00 feet to the POINT OF BEGINNING. Said parcel contains a total of 540 square feet, more or less,and is subjectto all existing easementsand/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. N 12459OF 0 . BALy� o r i - Zo Z'S 5725 North Discovery Way • Boise, Idaho 83713 • 208,639.6939• kmengllp.com POINT OF COMMENCEMENT 1/4 CORNER SECTION 6 NE CORNER SECTION 6 FOUND 5/8" REBAR FOUND ALUMINUM CAP 31 �jN BASIS OF BEARING E. Lake Hazel Rd. 31 32 O N89'42 21"W 2640.00' — T — 6 36.00' T 2604.00' 6 5 SOO*17'39"W L0 PRESCRIPTIVE -� 46.00' (TIE) N b RIGHT-OF-WAY I R/W R/W R/W— o R/W R/w-10 R/w R/w— Q POINT OF I PROPOSED C7 I BEGINNING RIGHT-OF-WAY N1 R/WS89'42'21" 54.00'R�W Jnl O R/W�R/W N00'17'39"E 10,L _______-1--�S00'17'39"W I 10.00' N89'42'21"W 54.00' 10.00' T [J 6 6 PROPOSED CITY OF MERIDIAN s SEWER AND WATER EASEMENT M W Unplatted Monte Miller a APN: S1406120800 0 3 a m z 0 m a a 3 0 i r z W IN 0 30 60 90 D Plan Scale: V =30' W 3 W N M N O N N E N G 1 N E E R I N G m 5725 NORTH DISCOVERY WAY x BOISE,IDAHO 83713 PHONE(208)639.6939 Exhibit B kmenBllp.Cam a City of Meridian Sewer and Water Easement DATE: Octo ber2023 s P R7JE CT: 22-023 SHEET: Lake Hazel Rd. Sewer and Water Project a 1 OF 1 NW 1/4 NE 1/4 Sec. 6, T2N, R1E, BM, City of Meridian, Ada County, Idaho E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Vertex Subdivision No. 2 Pedestrian Pathway Easement (ESMT-2024-0008) ADA COUNTY RECORDER Trent Tripple 2024-015461 Project Name or Subdivision Name: BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 03/27/2024 08:10 AM Vertex Subdivision No.2 CITY OF MERIDIAN, IDAHO NO FEE For Internal Use Only ESMT-2024-0008 Record Number: PEDESTRIAN PATHWAY EASEMENT THIS Easement Agreement made this 26th day of March 20 24 between Smith Brighton Inc. ("Grantor")and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE,the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple-use non-motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. 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 shrubs. IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto, that the Grantor shall repair and maintain the pathway improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, Pedestrian Pathway Easement Page 1 Version 01/01/2024 then,to such extent such 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 it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF,the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: S TH BRIGHTON INC. ROBERT L.PHI I ,CHIEF OPERATING OFFICE STATE OF IDAHO ) ) ss County ofAda ) This record was acknowledged before me on Jana& 2024 (date) by_Robert L.Phillips (name of individual), [complete the following Z signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Smith Brighton Inc. (name of entity on behalf of whom record was executed), in the following representative capacity:-Chief Operating officer (type of authority such as officer or trustee) Notary Stamp Below AA— Notary Signature SHARI VAUGHAN My Commission Expires:„(Q Notary Public-State of Idaho Commission Number 20181002 My Commission Expires Jun 1, 2024 Pedestrian Pathway Easement Page 2 Version 0 1/0 1/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 3-26-2024 Attest by Chris Johnson, City Clerk 3-26-2024 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 3-26-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Stamp Below Notary Signature My Commission Expires: 3-28-2028 Pedestrian Pathway Easement Page 3 Version 0l/01/2024 km E N G I N E E R I N G January 15,2024 Project No.:22-016 Vertex Subdivision No.2 City of Meridian Pathway Easement Legal Description Exhibit A A parcel of land situated in a portion of the Southwest 1/4 of the Northeast 1/4 of Section 5,Township 2 North, Range 1 East, B.M., City of Meridian, Ada County, Idaho, and being more particularly described as follows: Commencing at an aluminum cap marking the North 1/4 corner of said Section 5,which bears N89°56'45"W a distance of 2,659.06 feet from an aluminum cap marking the Northeast corner of said Section 5; Thence following the westerly line of said Northeast 1/4, S00°01'10"W a distance of 1,753.05 feet; Thence leaving said westerly line, N45°45'15"E a distance of 20.13 feet to POINT OF BEGINNING 1. Thence N45°45'15"E a distance of 14.03 feet; Thence S47°49'12"E a distance of 147.62 feet; Thence 31.06 feet along the arc of a curve to the left,said curve having a radius of 28.00 feet,a delta angle of 63°33'50", a chord bearing of S79°36'07"E and a chord distance of 29.49 feet; Thence N68°36'58"E a distance of 767.09 feet; Thence S22°29'45"E a distance of 14.00 feet to a point hereinafter referred to as Point A; Thence S68°36'58"W a distance of 767.36 feet; Thence 46.59 feet along the arc of a curve to the right,said curve having a radius of42.00 feet,a delta angle of 63°33'50",a chord bearing of N79°36'07"W and a chord distance of 44.24 feet; Thence N47°49'12"W a distance of 148.50 feet to POINT OF BEGINNING 1. Said easement contains 13,359 square feet (0.307 acres), more or less. TOGETHER WITH: Commencing at a point previously referred to as Point A,thence S87°08'36"E a distance of 66.39 feet to POINT OF BEGINNING 2. Thence 20.12 feet along the arc of a curve to the right,said curve having a radius of 30.00 feet,a delta angle of 38°25'24",a chord bearing of S65'14'23"E and a chord distance of 19.74 feet; Thence S46°01'41"E a distance of 271.21 feet; Thence 46.00 feet along the arc of a curve to the right,said curve having a radius of 112.00 feet,a delta angle of 23°31'56",a chord bearing ofS34°15'43"E and a chord distance of45.68 feet; Thence S22'29'45"E a distance of 29.01 feet; Thence N65°00'09"W a distance of 18.77 feet; Thence N46'01'41"W a distance of3.30feet; Thence N22°29'45"W a distance of 12.15 feet; Thence 40.25 feet along the arc of a curve to the left,said curve having a radius of 98.00 feet,a delta angle of 23°31'56",a chord bearing of N34°15'43"W and a chord distance of 39.97 feet; Thence N46°01'41"W a distance of 272.62 feet; 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengllp.com Thence N22°29'45"W a distance of 18.79 feet to POINT OF BEGINNING 2. Said easement contains a total of 4,817 square feet(.111 acres),more or less. Said easement descriptions contain a total of 18,176 square feet(0.417 acres), more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. T a 12459 a OF l� PAGE 12 P:\22-016\CAD\SURVEY\EXHIBITS\22-016 CITY OF MERIDIAN PATHWAY EASEMENT.DWG,AARON BALLARD,1/15/2024,ESTUDI0907.PC3,--- O m S00'01'10"W 1753.05'(TIE) .. o z v �V/ / n' �Mz V o H / ' j 4.' I o zoo Km m D m p NG I Ln m ry i ,c� � z Q z \ \ cn \ \ o I oo I L r \ \ L/) 00 I*i o 2 Cn 7 O N a) U N )OQ � ;\ <: rn o o m z LrjIocZiQ \ \ x rD o „ I NJ ry , \ \ o \\\\ I a z \ \ I �m \ \ �cn Z 133HS 33S - 31\1I1 HDiVN S. Eagle Rd .41 L, w r^ Ln v ❑ rr =5,0 m Exhibit B - City of Meridian Pathway Easement 13pmm? Vertex Subdivision No. 2 J N Q 2 Z O v _ m T w�p M 3 wA A W a Situated in SW 1/4 of NE 1/4 of Section 5, �w� <z A T2N, R1E, B.M., City of Meridian, Ada County, Idaho P:\22-016\CAD\SURVEY\EXHIBITS\22-016 CITY OF MERIDIAN PATHWAY EASEMENT.DWG,AARON BALLARD,1/15/2024,ESTUDID907.PC3,---- MATCH LINE - SEE SHEET 1 �\ \\`ram- G o �\ \p O v o m z u 00 � CV 6ZZZN � Z \ \ �9 n N o �eM Q N Z 1 r-p. W U4 �° i 1 41� 0 C1l D M Ln rn -6� 1 N3 \ / X ( O 0 oCb/ / 'A o w _ - '4 / /.CO 00• (v i �'00, 00 r+ o cn o rn rn O m Cn Z = ° m Exhibit B - City of Meridian Pathway Easement =.z m Fz N Vertex Subdivision No. 2 3 ^a Z N m= O w m D m �=O� TI m 3 A W Situated in SW 1/4 of NE 1/4 of Section 5, >Z o o T2N, R1E, B.M., City of Meridian, Ada County, Idaho "j A O +-j c>3 a� — � � a Ln O c c>3 4-J Z5 Lu U O v cV V) O O Q Z M LINE TABLE CURVE TABLE Ll1 •� o LINE BEARING DISTANCE CURVE kADIUS LENGTH DELTA CHORD BRG CHORD > � Z L o .0 O v L1 N45'45'15"E 20.13 C1 28.00' 31.06' 63'33'50" S79'36'07"E 29.49' v 0 L2 N45'45'15"E 14.03 C2 42.00' 46.59' 63'33'50" N79'36'07"W 44.24' c/I �{ O L3 S22'29'45"E 14.00 C3 30.00' 20.12' 38'25'24" S65'14'23"E 19.74' 0 x Q L4 S87'08'36"E 66.39 C4 112.00' 46.00' 23'31'56" S34'15'43"E 45.68' ate+ N U o L5 S22'29'45"E 29.01 C5 98.00' 40.25' 23'31'56" N34'15'43"W 39.97' U L6 N65'00'09"W 18.77 m � m Z L7 N46'01'41"W 3.30 LU L8 N22'29'45"W 12.15 X 3 L9 N22'29'45"W 18.79 w Z = N o F- Z a 0 � DATE: January 2024 2 PROJECT: 22-015 SHEET: 0 3OF3 D kin h m X Y 7 K h E N G I N E E R I N G S72S NORTH DISCOVERY WAY o BOISE,IDAHO83713 ry PHONE(208)639.6939 % kmengllp.Com d E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Firenze Plaza Shop Water Main Easement (ESMT-2024-0018) Project Name or Subdivision Name: ADA COUNTY RECORDER Trent Tripple 2024-015457 "Firenze Plaza Shop A"Water Easement BOISE IDAHO Pgs=6 CHE FOWLER 03/27/2024 08:10 AM CITY OF MERIDIAN, IDAHO NO FEE Water Main Easement Number: 01 Identify this Easement by sequential number if the project contains more than one easement of this type.See instructions/checklist for additional information. For Internal Use Only ESMT-2024-0018 Record Number: WATER MAIN EASEMENT THIS Easement Agreement made this 26th day of March 20 24 between First Meridian Limited Partnership ("Grantor")and the City ofMeridian,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 ofthis 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 01/01/2024 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 ofall 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: First Meridian Limited Partnership, a Wyoming limited liability,company By:We tern Pacific Iioldings,In a Ca ifomia co n s gell al partner Darry It,Pres nt STA E F DAHO ) ss County of Ada ) 1I24- This record was acknowledged before me on (date) (name of individual), [complete the.1611owing l signing in a re resentative capacity, or strike the,folloiving df signing in an individual capacity] on e' il!i f of_ (name of entity on behalf of whom record was execute the following representative capacity: (type of autl rity such as officer or trustee) Notary Stamp Belovd Notary Signature My Commission Expires:__ Water Main Easement Page 2 Version 01/01/2024 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness, accuracy,or validity of that document. State of California ) County of_a>, �1 } On k !, ' _lt_?�`� before me,_ U.1� t�>.kL-tL tia Date Here Insert Name and Title o the Officer personally appeared ,il Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ALLIWN D.KLEIN WITNESS m h d a f icial eal. #. .,". My Notary Public-California yContra Costa County Commission if 2417438 Comm.Expires Oct 19,2026 Signature Signature o N ry Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document �- Title or Type of Document: -_k WtiI2 �Or Document Date: l f' Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: — Signer's Name: ❑ Corporate Officer — Title(s): _ ❑ Corporate Officer — Title(s): ❑ Partner — F I Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee I Guardian or Conservator ❑Other: _ ❑ Other: Signer Is Representing: _ Signer Is Representing: C2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 3-26-2024 Attest by Chris Johnson, City Clerk 3-26-2024 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 3-26-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Starnp Below Notary Signature My Commission Expires: 3-28-2028 Water Main Easement Page 3 Version 01/01/2024 LEGAL DESCRIPTION THE Page 1 OF 1 AND GR®UP January 26, 2024 Project No. 122072 EXHIBIT"A" WATERLINE EASEMENT CITY of MERIDIAN FIRENZE PLAZA SUBDIVISION An easement located in Lot 4, Block 1 of Firenze Plaza Subdivision, as same is shown on the official plat thereon,filed in Book 124, at Page 19867, Ada County records, located in a portion of the Southeast One Quarter of the Southeast One Quarter of Section 29,Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: COMMENICNG at the Northwest corner of said Lot 4,thence on the north Lot line of said Lot 4,South 89°22' 53" East, 29.57 feet,to the POINT OF BEGINNING: Thence continuing on said north Lot line, South 89° 22' 53"East, 20.00 feet; Thence leaving said north Lot line, South 00° 16' 38"West, 20.93 feet; Thence North 89°43' 22" West, 20.00 feet; Thence North 00° 16' 38" East, 21.05 feet to the POINT OF BEGINNING. The above-described easement contains 0.009 Acres (420 Ft') more or less. PREPARED BY: THE LAND GROUP, INC. Michael S. Femenia LA �\GEN 0- 5 '�l�gTE OF 4 4 s 01/26/2U24 F_,ra.Ca� Exhibit "B" Water Line rEasement ��o�Ac Ns s� w� City of Meridian o Situate in Lot 1, Block 4 of Firenze Plaza Subdivision a 1 5 Located in a Portion of the SE 1/4 of the SE 1/4 of Section 29 s Township 3 North, Range 1 East, Boise Meridian TgTe OF City of Meridian,Ada County,Idaho 2024 A S. 01/26/2024 East Mount Etna Drive POB R/W • o L1 o S89 fN" — R/W RN 65.37' J J S89°22'53"E o 0 29.57' CR I L3 IEo Ici WATERLINE EASEMENT T i LL, 0.009 Acres± I N N (420 Ft2) M BLOCK 1 line Table o _ �\��J� • —N89°31'45"W 114.73, • I LINE BEARING LENGTH OI L1 S89°22'53"E 20.00' L2 S00°16'38"W 20.93' L3 N89°43'22"W 20.00' L4 N00°16'38"E 21,05' E 0 60' 120' Exhibit "B" 3 Horizontal Scale:1"=60' Project No.:122072 a Date of Issuance:January 26,2024 22 =THE Water Line Easement j - LAND City of Meridian - Browman Development Co r ryEa A GROUP Firenze Plaza Shops - Asa E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Foxcroft Subdivision No. 2 and No. 3 Sanitary Sewer Easement (ESMT-2024- 0028) Project Name or Subdivision Name: ADA COUNTY RECORDER Trent Tripple 2024-015458 Foxcroft Subdivision No. 2 and 3 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 03/27/2024 08:10 AM CITY OF MERIDIAN, IDAHO NO FEE Sanitary Sewer&Water Main Easement Number: Identify this Easement by sequential number if the project contains more than one easement of this type.See instructions/checklist for additional information. For Internal Use Only ESMT-2024-0028 Record Number: SANITARY SEWER EASEMENT THIS Easement Agreement made this 26th day of March 20 24 between Open Door Rentals LLC and Viper Investments LLC ("Grantor")and the City ofMeridian,an Idaho Municipal Corporation("Grantee"); WHEREAS,the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others;and V6'HE:REAS,it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration,the Grantor does hereby give, grant and convey unto the Grantee the right-of- way for an easement for the operation and maintenance of sanitary sewer over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation ofthis 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. Sanitary Sewer Easement Page 1 Version 01/01/2024 THE GRANTOR covenants and agrees with the Grantee that ShOUld any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any Public street, then, to such extent, such right-of-way and easement hereby granted which lies within Such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished, THE GRANTOR does hereby covenant with file Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract Of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of ally 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: STATE OF IDAHO ) sS County of Ada ) This record was acknowledged before ale on-Feb.S 16L4 (date) by� ✓�_e (name oflndlvldUal), [complete the,1011owing i signing in a rejwemntalive capacity, or-.ctr•ike the./o!!o>ving if signing in cat irtclit�ic/tra! capercityf on behalf of— ' v r� L S LC (name of entity on behalf' of whom record was executed), in the allowing representative capacity: c°rwher- (type of authority such as officer or trustee) Notary Stamp Below Notary Signature _ ADAIR KOLTES My Commission Expires:_b'os -Z Notary Public- State of Idaho Commission Number30052 My Commission Expires 06-05-2026 Sanitary Sewer Easement Page 2 Version 01/01/2024 THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is law[•ully 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 siptatures the day and year first herein above written. GRAN- R: STATE OF lDAHO ) ss County of Ada ) This record was acknowledged before me on Eh, S laLq (date) by_06rn4 ,.1+,1 (name of individual), [contplete thefollvwing i Signing in a representative capacity, yr strike thefWotirying l f slgnt-ng ut an individual c•apacityJ oil behalf of r, 12� (name oh entity on behalf of whom record was executed), in the following representative capacity: M P�.l,,.er (type ofauthority such as officer or trustee) Notary Stamp Below Notary Signature ADAIR KOLTES My Commission Expires: 12 Zg Notary Public-State of Idaho Commission Number30052 My Commission Expires 06-05-2028 Sanitary Sewer Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 3-26-2024 Attest by Chris Johnson, City Clerk 3-26-2024 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 3-26-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Stamp Below Notary Signature My Commission Expires: 3-28-2028 Sanitary Sewer Easement Page 3 Version 01/01/2024 Description for Sanitary Sewer Easement Foxcroft Subdivision December 18, 2022 A portion of the South 1/2 of the Northeast 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows: Commencing at the Center 1/4 corner of said Section 10 from which the East 1/4 corner of said Section 10 bears South 89036'02" East, 2655.68 feet; thence on the east-west centerline of said Section 10, South 89036'02" East, 1 ,093.56 feet; thence leaving said east-west centerline, North 00"23'58" East, 45.00 feet to the POINT OF BEGINNING; thence continuing North 001123'58" East, 124,40 feet; thence North 71 P48'21" East, 84.01 feet; thence North 00°03'48" East, 262.51 feet; thence South 89"56'12" East, 134.43 feet; thence North 45903'48" East, 29.80 feet; thence North 00"03'48" East, 128.92 feet; thence North 89944'54" East, 58,83 feet; thence South 04P27'00" West, 5,23 feet; thence South 85032'17" East, 52,93 feet; thence South 43'18'48" West, 58.56 feet; thence South 89°44'54" West, 51 .08 feet; thence South 00003'48" West, 118.10 feet; thence North 89056'12" West, 134.43 feet; thence South 45P03'48" West, 29.80 feet; \�NPL LAly� � �.�GENSFO G o a, 1 779 I z —,r YM McCPM� Page 1 of 2 thence South 00°03'48" West, 235,90 feet; thence South 71°48'21" West, 67.49 feet; thence South 36p06'09" West, 26.98 feet; thence South 00"23'58" West, 76.04 feet; thence South 89"36'02" East, 18.50 feet; thence South 00023'58" West, 17.38 feet to the north right-of-way line of W. Pine Avenue; thence on said north right-of-way line, North 89036'02" West, 38.50 feet to the POINT OF BEGINNING, Containing 19,930 square feet or 0.46 acres, more or less. End of Description. _r ONp L L ANO E N SF L9 1 779 N� o 0 9TF O F oyM M c C P�`� Page 2 of 2 1V Scale: 1 =200' 0 50 100 200 400 L4, NO'03'48"E L3 L5 128.92' ' VIPER S89'56'12"E L6 S43'18'48"W INVESTMENTS 134.43' S8.56' LLC �`L SO'03'48"W �n 1 118.10' \� v (0 3 N89'56'12"W v��N w c0 a 134.43' o 00 rn d• i+T uj to p n " p 0 N N71'4884101 Z OPEN DOOR RENTALS LLC NO'23'58"E \,8 ` 124.40' o L9 Point of - L11 Beginning L12 -----�:L13` W. Pine Ave. 1/4 C 1/� - .1093.56' - - - - - - - 1562.12' - - - - - - • •S.10 .,, S89'36'02"E 2655.68' S.10 S.11 BASIS OF BEARING LINE TABLE LINE TABLE 0,OL LANQ� LINE BEARING LENGTH LINE BEARING LENGTH �. 'EN�� � L1 NO'23'58"E 45.00 1-8 S71'48'21"W 67.49 Cr O 1-2 N45'03'48"E 29.80 L9 S36'06'09"W 26.98 a. 11779 cA/ 0 L3 N89'44'54"E 58.83 L10 SO'23'58"W 76.04 � /8/Zfl22.r _ �QogT c OF \QP�� L4 S4'27'00"W 5.23 L11 S89'36'02"E 18.50 r� McCPN`� L5 S85'32'17"E 52.93 L12 SO'23'58"W 17.38 L6 S89'44'54"W 51.08 L13 N89'36'02"W 38.50 L7 S45'03'48"W 29.80 `gy-1 II�AI`I� EXHIBIT DRAWING FOR JOB NO, SURVEY 110oov, r1AI.08I. SANITARY SEWER EASEMENT 21-159 ' U018C IOAHDAH009104 SHEET N0. 4; (200)e46-e5ro FOXCROFT SUBDIVISION 1 GROUP, LLC A PORTION OF THE S1/2 OF THE NEI/4 OF SECTION 10, T.3N.. R.1W„ B.M., DING. DATE CITY OF MERIDIAN, ADA COUNTY, IDAHO 12/18/2022 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Chipotle AFC Buildings Water Main Easement (ESMT-2024-0042) Project Name or Subdivision Name: ADA COUNTY RECORDER Trent Tripple 2024-015454 Chipotle AFC Buildings BOISE IDAHO Pgs=5 CHE FOWLER 03/27/2024 08:08 AM CITY OF MERIDIAN, IDAHO NO FEE Water Main Easement Number: 01 Identify this Easement by sequential number if the project contains more than one easement of this type.See instructions/checklist for additional information. For Internal Use Only ESMT-2024-0042 Record Number: WATER MAIN EASEMENT THIS Easement Agreement made this 26th day of March 20 24 between Smith Frazier, LLC ("Grantor")and the City ofMeridian,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 ofthis 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 I Version 01/01/2024 public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: SMITH F AZIER LLC S 'ATE OF (solo CO-AD ) ss County of rA04w- V3-- This record was admowledged before me on _21,1Z (date) by 30g.aCe,r SrnAA-i (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of _SMITH FRAZIER LLC (name of entity on behalf of whom record was executed), in the following representative capacity:_�g��na (`(umber (type of authority such as officer or trustee) (stamp) Patricia M Cleaveland NOTARY PUBLJC Notary Signature STATE OF COLORADO My Commission Exp ices:_ Z6 Z.�2. NOTARY IO# 20074018994 MY COMMISSION EXPIRES 10t26tM Water Main Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 3-26-2024 Attest by Chris Johnson, City Clerk 3-26-2024 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 3-26-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Stamp Below Notary Signature My Commission Expires: 3-28-2028 Water Main Easement Page 3 Version 01/01/2024 ACKERMAN WWW.ACKERMAN-ESTVOLD.COM ESTVOLD EXHIBIT A LEGAL DESCRIPTION A parcel of land being a portion of parcel E as shown on Record of Survey No. 13573, Instrument No. 2022- 070648,Ada County Records, in the NE 1/4 Section 24,T. 3N., R. 1W., Boise Meridian, City of meridian,Ada County, Idaho, more particularly described as follows: Commencing at the Southwest corner of said Parcel E,thence on the westerly line of said parcel E N00900'16"W a distance of 15.47 feet to a point on the north line of a water and sewer easement as sown in Instrument No.107141995,Ada County Records;thence on last said north line S89958'40"E a distance of 13.26 feet to the Point of beginning; thence N00901'31"E a distance of 173.41 feet;thence S89959'47"E a distance of 19.99 feet;thence S00901'15"W a distance of 4.27 feet;thence N89934'07"E a distance of 20.28 feet;thence S00901'17"W a distance of 20.00 feet;thence S89934'07"W a distance of 20.28 feet;thence 500901'16"W a distance of 114.00 feet;thence S89958'36"E a distance of 21.00 feet;thence S00914'14"W a distance of 20.00 feet; thence N89958'38"W a distance of 21.00 feet;thence S00901'15"W a distance of 15.14 feet to a point on last said north line;thence on last said north line N89958'40"W a distance of 20.00 to the Point of Beginning. The above described parcel contains 4,293 Square Feet, more or less. n r a 2/e1?4OF s� }t7 HEADQUARTERS 4165 30TH AVE S 3210 27TH ST W 7661 W RIVERSIDE DR 1907 17TH ST SE SUITE 100 SUITE 200 SUITE 102 MINOT,ND 58701 FARGO,ND 58104 WILLISTON, ND 58801 GARDEN CITY,10 83714 701,837,8737 701.551.1250 701.577.4127 208.853.6470 EXHIBIT B A PARCE L OF LAND BEING A PORTION OF PARCEL E AS SHOWN ON RECORD OF SURVEY NO.13573,INSTRUMENT NO.2022-070648 ADA COUNTY REOORDS,IN THE NE 114 SECTION 24,T.3N.,R.1W.BOISE MERIDIAN,CITY OF MERIDIAN,ADA COUNTY,IDMO. N I I LA/�j 1 \,\GENS Is, � I I I 25 125 n rs so 18 10 I ► s� 6 Zl�o � I Scale:1"=50' OF I I 0 0 0 1 I I I r L3 LS I I I r-- Line Table I I� I Line# Length Beating I { I I L7 I L1 I 15.4r No•W 1" 20.0'WATER AND SEWER I I I L2 1"V S89.58'40-E I EASEMENT 1 I I I I —L3 19.97 S891 S9'47 E I I I.N.#107141995 I $ 20.0'WATER AND L4 42r so,orsw t Q SEWER EASEMENT - LS 2o2s' I N89-M'orE I I t I A I I I.N.#107141995 i _—_ I I— — — — — — - Q I _L6 ! 20.an So•or 17 W I O 1 I I _vim zoza sas•3a orW Z i; l o o I L8 21.W SBW S8'WE I I^ I Q g ( I I L9 20.W So•01.14-W I I 1 I I I PARCEL E L10 21.00 'tee• �•`" I I W I I IROS L11 15M SD'01'15-W I I L8 I L12 j 20.00' N89'SW40'W I I H 1 I I I I cn I L2 � 12 L10 S89'SW 13'W.296.98'(M.R2) SEWER EASEMENT J I.N.#107141995 L — J POINT OF BEGINNING POINT OF COMMENCEMENTi R%r R23023 ACKERMAN ESTVOLD 7661 West Riverside Drive,Ste.102 • Garden City,ID 83714 208.853.6470•www.ackerman-estvold.com Minot.ND I Fargo.ND I Williston.ND I Boise,ID E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Foxcroft Subdivision No. 2 and 3 Pedestrian Pathway Easement (ESMT-2024- 0043). Project Name or Subdivision Name. ADA COUNTY RECORDER Trent Tripple 2024-015761 Foxcroft Subdivision No 2 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 03/28/2024 09:11 AM CITY OF MERIDIAN, IDAHO NO FEE For Internal Use Only EST-2024-0043 Record Number; PEDESTRIAN PATHWAY EASEMENT THIS Easement Agreement made this 26th day of March 20 24 between Open Door Rentals LLc ("Grantor")and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WITNESSET : WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B°" attached hereto and incorporated herein: THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple-use non-motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. 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 shrubs. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall repair and maintain the pathway improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become ,part of, or lie within the boundaries of any public street, Pedestrian Pathway Easement Page 1 Version 01/01/2024 then, to such extent such 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 it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR:Open Door Rentals,L'-CC STATE OF IDAHO ) ) ss County ofAda ) FQ,b.l'1 loz� This record was acknowledged before me on (date) by ro I- 7v (name of individual), [complete the following l signing in a representative capa ity, or strike the following if signing in an individual capacity] on behalf of_0Qen Ocor "S I (name of entity on behalf of whom record was executed), in the following representative capacity: f1/lElaef' (type of authority such as officer or trustee) Notary Stamp Below T Notary Signature ADAIR KOLTES My Commission Expires:_ —67' Notary Public- State of Idaho Commission Number30052 My Commission Expires 06-05-2028 Pedestrian Pathway Easement Page 2 Version 0 1/0 1/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 3-26-2024 Attest by Chris Johnson, City Clerk 3-26-2024 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 3-26-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Nowry Stamp E3clow Notary Signature My Commission Expires: 3-28-2028 Pedestrian Pathway Easement Page 3 Version 01/01/2024 Description for Pathway Easement Foxcroft Subdivision No. 2 February 23, 2024 A portion of the Southeast 1/4 of the Northeast 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows: Commencing at the East 1/4 corner of said Section 10 from which the Center 1/4 corner of said Section 10 bears, North 89036'02" West, 2655.68 feet; thence on the east-west centerline of said Section 10, North 89°36'02" West, 1327.84 feet to the Center-East 1/16 corner; thence on the west boundary line of the Southwest 1/4 of the Southeast 1/4 of the Northeast 1/4 of said Section 10, North 00003,48" East, 611.35 feet to the POINT OF BEGINNING; thence continuing North 00003'48" East, 14.04 feet; thence leaving said west boundary line, South 85032'26" East, 116.56 feet; thence 8.58 feet on the arc of curve to the right having a radius of 40.00 feet, a central angle of 12017'10" and a long chord which bears South 79023'51" East, 8.56 feet; thence South 73015'16" East, 59.81 feet; thence 4.61 feet on the arc of a curve to the right having a radius of 40.00 feet, a central angle of 06036'02" and a long chord which bears South 69057'15" East, 4.61 feet; thence South 66039'14" East, 353.64 feet; thence South 67031'05" East, 357.04 feet; thence South 66001'48" East, 428.78 feet; thence 7.72 feet on the arc of curve to the right having a radius of 28.00 feet, a central angle of 15047'49" and a long chord which bears South 58007'54" East, 7.70 feet; thence South 50013'59" East, 29.48 feet; thence 18.60 feet on the arc of curve to the �NP- LANp right having a radius of 32.00 feet, a central angle of 5� \�ENsF s 33018'07" and a long chord which bears South 33034'55" East, 18.34 feet; o 11779 thence South 16055'52" East, 10.77 feet; `P Z3,202 Pam° O� F OF \1 YM MCCN Page 1 of 2 thence 6.43 feet on the arc of curve to the left having a radius of 8.00 feet, a central angle of 46002'22" and a long chord which bears South 39°57'03" East, 6.26 feet to the west right-of-way line of N. Tenmile Road; thence on said west right-of-way line, South 00000'08" East, 14.57 feet; thence leaving said west right-of-way line 24.40 feet on the arc of a curve to the right having a radius of 22.00 feet, a central angle of 63°33'30" and a long chord which bears North 48042'37" West, 23.17 feet; thence North 16055'52" West, 10.77 feet; thence 10.46 feet on the arc of curve to the left having a radius of 18.00 feet, a central angle of 33018'07" and a long chord which bears North 33034'55" West, 10.32 feet; thence North 50013'59" West, 29.48 feet; thence 3.86 feet on the arc of curve to the left having a radius of 14.00 feet, a central angle of 15047'49" and a long chord which bears North 58007'54"West, 3.85 feet; thence North 66°01'48" West, 428.60 feet; thence North 67031'05" West, 356.96 feet; thence North 66039'14" West, 353.75 feet; thence 3.00 feet on the arc of curve to the left having a radius of 26.00 feet, a central angle of 06036'02" and a long chord which bears North 69057'15"West, 2.99 feet; thence North 73015'16" West, 59.81 feet; thence 5.58 feet on the arc of curve to the left having a radius of 26.00 feet, a central angle of 12017'10" and a long chord which bears North 79023'51"West, 5.56 feet; thence North 85032'26"West, 115.49 feet to the POINT OF BEGINNING. Containing 19,630 square feet or 0.451 acres, more or less. End of Description. \oNP� LANp s v�GENSF G 1�2 1 779 o z cep 9TF OF YM MCCN Page 2 of 2 z 0 o 0 o R 'W p I N Oo CD to��ys S� I co r- al rri o ��' � �� y ''' N00.03'48"E 611.35' m r • • n � o Z °' m- y��'O,9ti0(� Gp i CD. n 0 Z N rn o ON J o 0 m Id(0) w �o 0 w 0 �4. rn D' N 7 CD m Q- 3 Z p�j 0) � C � mN i ,A. �� O = i D O C7 -1 W W z CV r CD OJ co r ' C7 o in- N � .I v O Q N N� Soo m N oCD ~\ M* CD N OF)� �. � 05 m> 0) i V V 6 N �'Ul Gi w �p U1 I(Ap o N I C7 00 bo o p V tp p o m z Uy 1 �y mCl) o �J � o f O o 0 -p m � = 0 x C7 N r-f I / C) m N LT I / OD 0 C r- 0 dCD m O / o cn• f�l1 / r v fig. \ 0 o O 7 O -AI1 C� c (A 0 / n = o I / �4' \\ cn U' / ro O N V) — u� O ;0 ' - - o n 41 N. Tenmiie Rd. cr �Z ��l - - - - - - N Z 0 P (n N0 � R a o14 n r (D o yp �� N cno ono v m n n (A N c so�� CD W w o o O m -P� J m Ln � 00 Cl C 0) O Ct o N _ Co O1 N O� 00 N 00 O O O o6 6 6 6a O O O O O O O O O N N O (!1 ((j W M W (T N c �I O J 00 W N m V O �I v < N C Ov WO N N (D O /N = � \ (n Z Z Z Z Z (n (n VI (n s O J tD ((DD 0000 W 0000 CD (A (D co (DD (D -4 Iv Ui O L. -P: (n CA O d IV a �I ? II J W 00 l J Cli � (IT v W (W71 � (P -t (D 0 rT1 rri rrl rTl rr �. N m O m(AN P m G ° Om 0 0 o p U1 N W (.Nil 0) Qp v 00 a v o ol (D 0 C 0) N a m D 4 l0 =r 7 � D Z Z� A o O (rD Oro V 0) L L4 N D D O o X Z Z Z Z N j (n N W Z ' � rr O) W�? O COT O O X 01 p W N Om r"F zr GW - p O ( (r�D C.) In � - N (JlW (T W ()1 N W (D N 00 N to 0) 00 U000 o O_ (D o m �' j. cND O , O p P O) Z 00 v U v ? 00 O i0 D\ O CD tO t0 _ 00 -I �I �I 00 _ 0) � o Z CCD O n o O : 0 In fi m 0 N 0 a � p o� �f Ns N w� O m N v -.% a N p Z 01 > m Nip E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Aviation Subdivision Water Main Easement No. 2 (ESMT-2024-0044). Project Name or Subdivision Name: ADA COUNTY RECORDER Trent Tripple 2024-015453 Aviation Subdivision BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 03/27/2024 08:08 AM CITY OF MERIDIAN, IDAHO NO FEE Water Main Easement Number: 2 Identify this Easement by sequential number if the project contains more than one easement of this type.See instructions/checklist for additional information. For Internal Use Only ESMT-2024-0044 Record Number: WATER MAIN EASEMENT THIS Easement Agreement made this 26th day of March 20 24 between Aviator Park LLC ("Grantor")and the City ofMeridian,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 ofthis 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 01/01/2024 public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Aviator Park LLC l STATE OF IDAHO ) ) ss County of Ada This record was acknowledged before me on r�? �(date) by (name of individual), [complete the following l signing in a representative capacity, or strike the following if signing In an individual capacity] on behalf of Aviation Park LLC (name of entity on behalf of whom record was executed), in the following representative capacity: MEMBER (type of authority such as officer or trustee) Notary Stamp Below DARLENE BEACH DILLON Notary Signature Notary Public-State of Idaho 2�y$ Commission Number 20220384 My Commission Expires: 6✓1. 2-�. My Commission Expires Jan 26,2018 Water Main Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 3-26-2024 Attest by Chris Johnson, City Clerk 3-26-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 3-26-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Stamp Below Notary Signature My Commission Expires: 3-28-2028 Water Main Easement Page 3 Version 01/01/2024 Exhibit A City of Meridian Sewer and Water Easement Aviation Subdivision February 20, 2024 A portion of the West 1/2 of the Southwest 1/4 of Section 10, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Section corner common to Sections 9, 10, 15, and 16, Township 3 North, Range 1 West, Boise Meridian, from which the 1/4 corner common to said Sections 9 and 10 bears North 0038'55" East, 2653.02 feet; thence North 38027'39" East, 1576.03 feet to the POINT OF BEGINNING; thence North 35001'14"West, 20.00 feet; thence North 54058'46" East, 22.69 feet; thence North 79°58'46" East, 126.42 feet; thence North 26013'45" East, 21.57 feet; thence 19.40 feet on the arc of a curve to the left having a radius of 31.00 feet, a central angle of 35051'18", and a long chord which bears North 18032'56" East, 19.08 feet; thence North 00037'17" East, 30.79 feet; thence North 43054'28"West, 43.48 feet; thence North 88026'12"West, 178.66 feet; thence North 00036'35" East, 25.00 feet; thence South 88026'12" East, 17.71 feet; thence North 01 033'48" East, 41.00 feet; thence South 88026'12" East, 20.00 feet; thence South 01 033'48" West, 41.00 feet; thence South 88026'12" East, 65.50 feet; thence North 01 033'48" East, 41.00 feet; \oNPj- LAN�s thence South 88026'12" East, 20.00 feet; NSF G thence South 01 033'48" West, 41.00 feet; 117 7 9 21/Z2 Pyo thence South 88026'12" East, 45.74 feet; o TF of oyM M CC PN`� Pagel of 3 thence North 06035'03" East, 41.16 feet; thence South 88026'12" East, 20.08 feet; thence South 06035'03" West, 42.04 feet; thence 1.92 feet on the arc of a curve to the right having a radius of 56.00 feet, a central angle of 01°57'44", and a long chord which bears South 77017'58" East, 1.92 feet; thence North 53000'09" East, 67.78 feet; thence South 88026'12" East, 32.09 feet; thence South 53000'09" West, 82.37 feet; thence 16.61 feet on the arc of a curve to the right having a radius of 56.00 feet, a central angle of 16°59'54", and a long chord which bears South 44033'03" East, 16.55 feet; thence South 89023'25" East, 52.06 feet; thence South 00036'35" West, 20.00 feet; thence North 89023'25"West, 42.62 feet; thence 13.58 feet on the arc of a curve to the right having a radius of 56.00 feet, a central angle of 13053'41", and a long chord which bears South 06019'33" East, 13.55 feet; thence South 00037"7" West, 15.84 feet; thence South 89023'25" East, 40.98 feet; thence South 00°36'35" West, 20.00 feet; thence North 89023'25"West, 41.22 feet; thence 5.65 feet on the arc of a curve to the right having a radius of 56.00 feet, a central angle of 05046'54", and a long chord which bears South 08041'18"West, 5.65 feet; thence South 54052'58" East, 50.98 feet; thence South 00036'35" West, 24.27 feet; thence North 54052'58" West, 60.12 feet; �NPL LANO thence 27.11 feet on the arc of a curve to the right having a �GENs `s radius of 56.00 feet, a central angle of 27044'24", and a long chord which bears South 46034'05" West, 26.85 feet; o 11779 thence South 09047'39" East, 38.62 feet; N�,�2r�7y2�( .r° �0 9TF OF oy4f McCPM� Page 2 of 3 thence South 81°27'40" West, 20.00 feet; thence North 09047'39" West, 34.89 feet; thence 1.21 feet on the arc of a curve to the right having a radius of 56.00 feet, a central angle of 01°14'16", and a long chord which bears South 81054'34" West, 1.21 feet; thence South 82031'42" West, 19.71 feet; thence South 07028'11" East, 35.13 feet; thence South 80012'21" West, 20.02 feet; thence North 07028'11" West, 34.94 feet; thence South 82043'20" West, 35.93 feet; thence South 69040'30" West, 35.89 feet; thence South 54058'46" West, 18.25 feet to the POINT OF BEGINNING. Containing 19,009 square feet or 0.436 acres, more or less. End of Description. ONp,L L AND ` E►vsF sC� 1/17 7�9 O 1P Z��Z��l 0 O� F OF yM McCN Page 3 of 3 1/4 • S.9 S.10 I I L9 L1_3 L17 J 1 1 L20, F/ I I 10,oJ0 I _o _N � �1 1 ao 1°�i �� I �� tl 1_I �'� i J .01 LID J I CC2 .� L22 — — N88'26'12"W 178.66' N l C4L1 LJ_' I S �/ L24 Y In N N o L26 rncli O J 1J� aD N o C5 J o LO I � �'� L28 w 00 M 0 42 °° Z Z N7g•5g'46"E 126 C7 GrO �3Y 10 9 a0 � � I LA'S 1 L3 1 M J 1� �j Point of— �!-1J L33 Beginning , L37 i I 1 I O� �Npl LAND �0 \\GENS`4_ G 11779 (P IZI/Zo24 0 I OpyrF of �� o� 4 MccAM� I S.9 S.10 W. Franklin Rd. 1 _ _ _ _ _ Scale: 1"=60' S.16 SS 0 10 30 60 120 P:\Aviation Sub 21-296\dwg\Meridian Utilities Evhibit.dwg 2/21/2024 7:57:27 PM o. IDAHO Exhibit B 21b2ss 9955 W.EMERALD ST. City of Meridian Sewer and Water Easement SURVEY B08)8.4-8570 704 Aviation Subdivision Sheet N2 (206)646-6570 1 of 2 GROUP, LLC A portion of the W1/2 of the SW1/4 of Section 10, Dwg. Date T.M., RAW., B.M., City of Meridian, Ada County, Idaho 2/21/2024 Line Table Line Table Line Bearing Length Line Bearing Length L1 N35'01'14"W 20.00' L22 S89'23'25"E 52.06' L2 N54'58'46"E 22.69' L23 S00'36'35"W 20.00' L3 N26'13'45"E 21.57' L24 N89'23'25"W 42.62' L4 N00'37'17"E 30.79' L25 S00'37'17"W 15.84' L5 N43'54'28"W 43.48' L26 S89'23'25"E 40.98' L6 N00'36'35"E 25.00' L27 S00'36'35"W 20.00' L7 S88'26'12"E 17.71' L28 N89'23'25"W 41.22' L8 N01'33'48"E 41.00' L29 S54'52'58"E 50.98' L9 S88'26'12"E 20.00' L30 S00'36'35"W 24.27' L10 S01'33'48"W 41.00' L31 N54'52'58"W 60.12' L11 S88'26'12"E 65.50' L32 S09'47'39"E 38.62' L12 N01'33'48"E 41.00' L33 S81'27'40"W 20.00' L13 S88'26'12"E 20.00' L34 N09'47'39"W 34.89' L14 S01'33'48"W 41.00' L35 S82'31'42"W 19.71' L15 S88'26'12"E 45.74' L36 S07'28'11"E 35.13' L16 N06'35'03"E 41.16' L37 S80'12'21"W 20.02' L17 S88'26'12"E 20.08' L38 N07'28'11"W 34.94' L18 S06'35'03"W 42.04' L39 S82'43'20"W 35.93' L19 N53'00'09"E 67.78' L40 S69'40'30"W 35.89' L20 S88'26'12"E 32.09' L41 S54'58'46"W 18.25' L21 S53'00'09"W 82.37' Curve Table Curve Length Radius Delta Chord Bearing Chord Length C1 19.40' 31.00' 35'51'18" N18'32'56"E 19.08' \pNNL LA/y0 C2 1.92' 56.00' 1'57'44" S77'17'58"E 1.92' C3 16.61 56.00 16'59 54' S44'33 03'E 16.55, a 11779 C4 13.58' 56.00' 13'53'41" S06'19'33"E 13.55' Nz4; Z140 C5 5.65' 56.00' 5'46'54" S08'41'18"W 5.65' �0F OF C6 27.11' 56.00' 27'44'24" S46'34'05"W 26.85' YM MCCPN`� C7 1.21' 56.00' 1*14'16" S81'54'34"W 1.21' P.\Aviation Sub 21-296\dwg\Meridian Utilities Exhibit.dwq 2/21/2024 7:42:26 PM Exhibit B Job No. DAHO 21-2ss 9955 W.EMERALD ST. City of Meridian Sewer and Water Easement Sheet No. SURVEY BOISE,IDAHO 83704 Aviation Subdivision (208)846-8570 2 of 2 GROUP, LLC A portion of the W1/2 of the SW1/4 of Section 10, Dwg. Date T.3N., RAW., B.M., City of Meridian, Ada County, Idaho 2/21/2024 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Summertown Subdivision Sanitary Sewer and Water Main Easement (ESMT- 2024-0045) ADA COUNTY RECORDER Trent Tripple 2024-015460 BOISE IDAHO Pgs=9 BONNIE OBERBILLIG 03/27/2024 08:10 AM Project Name or Subdivision Name: CITY OF MERIDIAN, IDAHO NO FEE Summertown Subdivision Sanitary Sewer&Water Main Easement Number: 2 Identify this Easement by sequential number if the project contains more than one easement of this type. ee instructions checklist for additional information. For Internal Use Only ESMT-2024-0045 Record Number: SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement made this 26th day of March 20 24 between Summertown LLC ("Grantor")and the City ofMeridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance,repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. T O HAVE AND T O 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. anitary Sewer and Water Main Easement Page ersion 01 202 THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any pennanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings, trash enclosures, carports, sheds, fences, trees, or deep-rooted shrubs. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Summertown LLC STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 02/28/2024 (date) by -Shannon R Robnen (name of individual), [complete the. ollowing ifsigning in a repr•esenlalive cnpacily, or strike the following ifsigning in an individual cnpncit}J on behalf of Smmertown t_t_c (name of entity on behalf of whom record was executed), in the following representative capacity:—Manager .(type of authority such as officer or trustee) ,�•���Q'►url M �'041i�� Notaq Stamp Belo" 0. to PUBLIC. Notary Signature �el�•:;aa,aT �;°'1Qr.•� My Commission Expires:M09/2025 • •asses. P`Z`• .,.,q tOF,'0',,•�. Sanitary Sewer and Water Main Easement Page 2 Version 0 110 1/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 3-26-2024 Attest by Chris Johnson, City Clerk 3-26-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 3-26-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Nolan Stamp Belo%v Notary Signature My Commission Expires: 3-28-2028 Sanitary Sewer and Water Main Easement Page 3 Version 01/01/2024 DESCRIPTION FOR SUMMERTOWN SUBDIVISION City of Meridian Sewer and Water Easement A portion of Government Lot 2 of Section 1, T.3N., R.1 W., Boise Meridian, City of Meridian, Ada County, State of Idaho, being more particularly described as follows: Commencing at the N1/4 corner of said Section 1 from which the NE corner of said Section 1 bears South 89046'48" East, 2662.22 feet; thence along the North boundary line of said Section 1 South 89046'48" East, 637.68 feet; thence leaving said North boundary line South 00'23'17" West, 144.03 feet; to the REAL POINT OF BEGINNING; thence continuing South 00023"7" West, 194.00 feet; thence South 00019'50" East, 504.74 feet; thence North 89047'48" West, 32.01 feet; thence North 00019'50" West, 26.57 feet; thence North 01 029'58" West, 24.51 feet across the easement to the interior; thence North 89047'48" West, 449.08 feet; thence North 00°20'42" West, 57.81 feet; thence North 89039" 8" East, 29.99 feet; thence North 00020'42" West, 18.47 feet; thence North 89039'18" East, 6.50 feet; thence North 00020'42" West, 11.00 feet; thence South 89039'18" West, 6.50 feet; thence North 00020'42" West, 73.72 feet; thence North 89039" 8" East, 6.00 feet; thence North 00020'42" West, 11.00 feet; thence South 89039'18" West, 6.00 feet; thence North 00020'42" West, 121.56 feet; thence North 89039" 8" East, 6.00 feet; thence North 00020'42" West, 11.00 feet; Page 1 of 4 thence South 89039'18" West, 6.00 feet; thence North 00020'42" West, 37.65 feet; thence North 89040'10" East, 369.89 feet; thence South 49044'28" East, 12.11 feet; thence North 40015'32" East, 22.89 feet; thence North 89040'10" East, 10.02 feet; thence South 49044'28" East, 22.59 feet; thence South 00019'50" East, 18.29 feet; thence South 89040'10" West, 26.00 feet; thence South 00019'50" East, 6.65 feet; thence South 89040'10" West, 6.00 feet; thence South 00019'50" East, 10.00 feet; thence North 89040'10" East, 6.00 feet; thence South 00019'50" East, 57.86 feet; thence South 89040'10" West, 6.00 feet; thence South 00019'50" East, 10.00 feet; thence North 89040'10" East, 6.00 feet; thence South 00019'50" East, 162.47 feet; thence South 89040'10" West, 6.50 feet; thence South 00019'50" East, 10.00 feet; thence North 89040'10" East, 6.50 feet; thence South 00019'50" East, 25.02 feet; thence North 89040'10" East, 24.00 feet; thence South 00019'50" East, 40.90 feet; thence South 01°29'58" East, 24.51 feet across the easement to the exterior; thence North 89047'48" West, 447.19 feet; thence South 00020'42" East, 26.57 feet; Page 2 of 4 thence North 89047'48" West, 32.40 feet; thence North 00°20'42" West, 22.62 feet; thence South 89039'18" West, 6.00 feet; thence North 00020'42"West, 29.50 feet; thence North 89°39'18" East, 6.00 feet; thence North 00°20'42"West, 172.97 feet; thence South 89034'26" West, 6.50 feet; thence North 00020'42"West, 11.00 feet; thence North 89034'26" East, 6.50 feet; thence North 00020'42"West, 347.01 feet; thence South 89040'10" West, 9.50 feet; thence North 00020'42"West, 5.05 feet; thence South 89040'10" West, 78.19 feet; thence North 00019'50" West, 58.40 feet; thence North 89040'10" East, 86.84 feet; thence North 00°20'42"West, 52.36 feet; thence South 42058'02" East, 89.84 feet across the easement to the interior; thence South 89046'49" East, 16.50 feet; thence North 00020'42"West, 4.50 feet; thence South 89046'48" East, 358.27 feet; thence North 00°19'50" West, 26.01 feet; thence South 89046'48" East, 22.73 feet; thence South 53002'59" East, 29.83 feet; thence South 00019'50" East, 22.93 feet; thence South 89040'10" West, 30.00 feet; thence South 00019'50" East, 13.00 feet; thence North 89040'10" East, 4.00 feet; Page 3 of 4 thence South 00019'50" East, 70.48 feet; thence South 89040'10" West, 5.00 feet; thence South 00019'50" East, 10.00 feet; thence North 89040'10" East, 5.00 feet; thence South 00°19'50" East, 107.03 feet; thence South 89040'10" West, 395.16 feet; thence North 00°20'42" West, 214.81 feet; thence North 42058'02"West, 89.84 feet across the easement to the exterior; thence South 89046'48" East, 177.06 feet; thence North 00013'12" East, 6.00 feet; thence South 89046'48" East, 24.00 feet; thence South 00°13'12" West, 6.00 feet; thence South 89046'48" East, 149.62 feet; thence North 00018'04" East, 7.20 feet; thence South 89046'48" East, 11.45 feet; thence South 00013'12" West, 7.20 feet; thence South 89046'48" East, 152.90 feet to the REAL POINT OF BEGINNING. �S Sof 0 G 7729 M G G-C Page 4 of 4 Basis of Bearings 1/4 S.36 4N.,1 W. _ _ _ S89'46'48"E 2662.22' _ - S.36 S.31 S,1 3N.,1 W. 637.68' -^ - _ - 2024.54' S.1 S.6 W. USTICK RD. 3:; 1 I N � Of I 1 O 3 O Q r O L72 L74 L76 L77 L78 �'� RPOB I L71 L73 L75 L79 t 1 T 1w L �S L60 ' L54 J 6+ 0',r o Z 1� c I L58 S89'46'48"E 358.27' L57 L64 / � _ O L65 L63 i� L52 OR cD ' L51 I n L50 N L67 o I O 3 O L68--r/ o N I � L69 _ o O N O O O J Z I S89'40'10"W 395.16' _ L21 I J I I N 1 Lv C2� Ld 0 L18 N89'40'10"E 369.89' J 04 L17 L19 26 L24 J I q I Q I Z L16 10 BLOCK 1 11 L L28 L25 ' N > i I O L15 L30 J Z I I L31 I I L32 L49 0 0° L13 13 12 � w L12 � o � I L47 0 L11 J II 1 I J L9 0 co L8 L34 N I L67 15 L 5 L384 L45 L5 16 L37 I I N89'47'48"W 449.08' L3 L43 N89'47'48"W 447.19' I �QN L S L42 L41 L40 L1 I O G'pG ' W. WRANGLER ST. c� { Lv 7729 0 Q tBLOCK 2 'BLrOCK3 OOf O O O O O O O O ' 0 0 N Scale: 1"=120' Z P:\Summertown Subdivision 21-579\dwg\Summertown Utility Eosement.dwg 2/28/2024 9:21:08 AM O 20 60 120 240 IDAHO Exhibit Drawing for 21b No. SURVEY 9955E AHO83DST SUn'1n1P.rtOWr1 Subdivision Sheet No. 79 BOISE 8)846-8570 04 City of Meridian Sewer and Water Easement 1 of 2 (208)846-8570 GROUP, L LC A PORTION OF GOVERNMENT LOT 2 OF SECTION 1, T.3N., RAW., Dwg. Date B.M., CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO 2/28/2024 Line Table Line Table Line Table Line Bearing Length Line Bearing Length Line Bearing Length L1 N89'47'48"W 32.01' L31 S0019'50"E 10.00' L61 S53'02'59"E 29.83' L2 N00'19'50"W 26.57' L32 N89'40'10"E 6.00' L62 S00'19'50"E 22.93' L3 N01'29'58"W 24.51' L33 S00'19'50"E 162.47' L63 S89'40'10"W 30.00' L4 N00'20'42"W 57.81' L34 S89'40'10"W 6.50' L64 S00'19'50"E 13.00' L5 N89'39'18"E 29.99' L35 S00'19'50"E 10.00' L65 N89'40'10"E 4.00' L6 N00'20'42"W 18.47' L36 N89'40'10"E 6.50' L66 S00'19'50"E 70.48' L7 N89'39'18"E 6.50' L37 S00'19'50"E 25.02' L67 S89'40'10"W 5.00' L8 N00'20'42"W 11.00' L38 N89'40'10"E 24.00' L68 S0019'50"E 10.00' L9 S89'39'18"W 6.50' L39 S00'19'50"E 40.90' L69 N89'40'10"E 5.00' L10 N00'20'42"W 73.72' L40 S00'20'42"E 26.57' L70 S00'19'50"E 107.03' L11 N89'39'18"E 6.00' L41 N89'47'48"W 32.40' L71 S89'46'48"E 177.06' L12 N00'20'42"W 11.00 L42 N00'20'42"W 22.62' L72 N00'13'12"E 6.00' L13 S89'39'18"W 6.00' L43 S89'39'18"W 6.00' L73 S89'46'48"E 24.00' L14 N00'20'42"W 121.56' L44 N00'20'42"W 29.50' L74 S00'13'12"W 6.00' L15 N89'39'18"E 6.00' L45 N89'39'18"E 6.00' L75 S89'46'48"E 149.62' L16 N00'20'42"W 11.00' L46 N00'20'42"W 172.97' L76 N00'18'04"E 7.20' L17 S89'39'18"W 6.00' L47 S89'34'26"W 6.50' L77 S89'46'48"E 11.45' L18 N00'20'42"W 37.65' L48 N00'20'42"W 11.00' L78 S0013'12"W 7.20' L19 S49'44'28"E 12.11' L49 N89'34'26"E 6.50' L79 S89'46'48"E 152.90' L20 N40*15'32"E 22.89' L50 S89'40'10"W 9.50' L21 N89'40'10"E 10.02' L51 N00'20'42"W 5.05' L22 S49'44'28"E 22.59' L52 S89'40'10"W 78.19' L23 S00'19'50"E 18.29' L53 N00'19'50"W 58.40' L24 N89'40'10"E 26.00' L54 N89'40'10"E 86.84' L25 S00'19'50"E 6.65' L55 N00'20'42"W 52.36' sG L26 S89'40'10"W 6.00' L56 S42'58'02"E 89.84' 'P� L27 S00'19'50"E 10.00' L57 S89'46'49"E 16.50' 772 9 ;6 L28 N89'40'10"E 6.00' L58 N00'20'42"W 4.50' N� Zjt8lzy�O 9 L29 S0019'50"E 57.86' L59 S00'19'50"E 26.01' FG OF Y G.G L30 S89'40'10"W 1 6.00' L60 S89'46'48"E 22.73' P:\Summertown Subdivision 21-579\dwg\Summertown Utility Easemen Ldwg 2/28/2024 9:21:25 AM IDAHO Exhibit Drawing for 21b No. SURVEY 9955 79 BOSS, EMERALD 3704 Summertown Subdivision Sheet No. BOISE4-8570AHO 704 City of Meridian Sewer and Water Easement 2 of 2 (208)846-8570 GROUP, LLC A PORTION OF GOVERNMENT LOT 2 OF SECTION 1, T.3N., RAW., Dwg. Date B.M., CITY OF MERIDIAN, ADA COUNTY, STATE OF IDAHO 2/28/2024 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Hatch Industrial Water Main Easement No. 1 (ESMT-2024-0047) .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. Project Name or Subdivision-Name^ .. .. .. .. .. .. .. ... Hatch Industrial ADA COUNTY RECORDER Trent Tripple 2024-015459 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 03/27/2024 08:10 AM Wa to Meet 6r. 1 CITY OF MERIDIAN, IDAHO NO FEE tdentfy this`wa Dement by sequential number if.th W pratert contains"mire Viar one easem nt of aria type.`tee irmtrucban-fcheck i . anal information For IteraE Use Only ET- 2 -04 Record Number: r THIS Easement Agreement made this 26th day of March -' 20 24 between" .. . .. .. . 160 N Linder,LLG ("Grantor")and the City ofMeridian,an Idaho Municipal Corporation("Grantee") VIEREAS,the Giantor desires to provide a'water main right-of-way across the premises an d property l ..hereinafter particularly bounded and described, and - - WHEREAS the crater 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 front time to time by the - {grantee, - NO ,THEREFORE,in consideration of the benefits to be received by the Grantor, and other goad and J valuable consideration' on ideration'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: r.. . (SEE ATTACHED EX141BITS A d! The easement hereby granted is f6ir the purpose of cons etion and operation of�v cram rn iris and their allied facilities,together with their maintenance,repair and re lacement at the convenience of the Gra tee, ith the free right of access to such facilities at any and all times. - I C� HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, its " successors acid assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, y dicd 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. Ho Aver, Grantee shall not be-responsible for repairing, replacing or restoring anything'placed within the area -' described in this.easement that wag placed therein violation of this easement. " THE G A TOR 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 ritee that should any part of the-right-of-way ' - easement hereby gr ted shall taecorrte part of,or lie within the boundaries of any r Pale 1 Water Main Easement - - Version 01/01/202 , public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: /4�b STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on_ (date)by (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of (name of entity on behalf of whom record was executed), in the following representative capacity: _ --_(type of authority such as officer or trustee) Notary Stamp Below PLEASE SEE Notary Signature My Commission Expires: NOTARY ATTACHMENT Water Main Easement Page 2 Version 01/01/2024 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SAN DIEGO y On&r :La2-q before me, KRYSTAL CUTLER, NOTARY PUBLIC 1j (insert name and title of the officer) personally appeared Runiq flqi who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. *my KRYSTALQJTLER WITNESS my hand and official seal. Notary Public-California Z San Diego County _ Commission#2444836 Comm.Expires May 18,2027 Signature (Seal) GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 3-26-2024 Attest by Chris Johnson, City Clerk 3-26-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 3-26-2024 _(date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Stamp Below Notary Signature 3-28-2028 My Commission Expires: Water Main Easement Page 3 Version 0 1/0 1/2024 ' tee* ACCURATE �o SURVEYING & MAPPING Z ��! f f R v %C--` Job No. 24-126 Water Easement Description An easement over and across a portion of Lot 9 of Heppers Acre Subdivision as recorded in Book 19 of Plats at Pages 1298 and 1299, Records of Ada County, said parcel is located in the southwest quarter of the southwest quarter of Section 12, Township 3 North, Range 1 West of the Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the found 4 inch aluminum cap monument at the section corner common to Sections 11, 12, 13, and 14, T3N, R1 W from which the found 3 inch brass cap monument at the quarter corner common to Sections 11 and 12, T3N, R1 W bears N 00' 31' 39"E a distance of 2645.87 feet; thence N 00' 31' 39"E along the section line for a distance of 447.74 feet; thence N 88' 31' 38"E for a distance of 40.02 feet to a found 5/8 inch iron pin with a 2 inch aluminum cap labeled PLS 11463; thence N 000 31' 39" E along the easterly right-of-way of N. Linder Road for a distance of 47.55 feet to the POINT OF BEGINNING; Thence continuing N 00' 31' 39"E along the easterly right-of-way of N. Linder Road for a distance of 25.00 feet; Thence S 89' 28' 21"E for a distance of 14.00 feet; Thence S 00' 31' 39"W for a distance of 25.00 feet; Thence N 890 28' 21" W for a distance of 14.00 feet to the POINT OF BEGINNING. Said easement contains 350 square feet, more or less. 11463 w tz•�9•zY o �qr OF `pP Cs AN J. DPI 1520 W. Washington St., Boise, ID 83702 ■ Phone: 208-488-4227 ■ www.accuratesurveyors.com EXHIBI T MAP 14' WIDE WATER EASEMENT ACROSS A PORTION OF LOTS 8 & 9, HEPPERS ACRE SUBDIOSION, BOOK 19 OF PLATS, PAGES 1298-1299, ADA COUNTY RECORDS. LYING WI THIN THE SW 114 OF THE SW 114 OF SECTION 12, T.3N., R.1 W., B.M. CITY OF MERIDIAN COUNTY OF ADA STATE OF IDAHO 114 CORNER W PINE AVE. A 11 12 a- 11463 � s y9 Zy o O 2gV�e OF ��PG SCALE: 1"=40' i N J.D LEGEND - - SECTION LINE Z — PARCEL LINE ET1ZT� EASEMENT FOUND 3" BRASS CAP p MONUMENT IN ASPHALT Q 6M FOUND 4" ALUMINUM CAP Q J MONUMENT IN ASPHALT Lo i j • FOUND 518" IRON PIN, KITH N I c, 2" ALUMINUM CAP, PLS 11463 LS m O 160 U • FOUND 1/2" IRON PIN, N. LINDER RD, Q a Z WITH PLASTIC CAP, PLS 11779 N J 0 CALCULATED POINT m o i 2 L3 Og l� O PLATTED LOT NUMBER CL O P.0.B. POINT OF BEGINNING i 14 WIDE WA TER P 08. L5 EASEMENT LINE TABLE ! I LINEI BEARING I DISTANCE L1 IN 88'31 '38 E140.02' 1-2 IN 00'31 39 E 25.00 d 1-3 IS 89'28 21 E 14.00' 1-4 IS 00'31 39" W 25.00 TIE_ _ 1 L5 IN 89'28'21 W1 14.00' L1 10 40' ACCURATE ,A SURVEYING & MAPPING 1520 W.Washington St. SECT'OI Boise, Idaho 83702 CORNER 1 14412 13 W. - - - - fFav ►FRANKLIN RD. � (208)488 4227 ww.accuratesurveyors.com �� w DATE: FEBRUARY, 2024 JOB 24-126 v IDIAN� AGENDA ITEM ITEM TOPIC: Village Apartments Phase 1 Sanitary Sewer and Water Main Easement No. 1 (ESMT-2024-0048) ADA COUNTY RECORDER Trent Tripple 2024-015450 BOISE IDAHO Pgs=16 BONNIE OBERBILLIG 03/27/2024 08:06 AM Project Name or Subdivision Name: CITY OF MERIDIAN, IDAHO NO FEE Villa e A artments Phase 1 Sanitary Sewer&Water Main Easement Number: 1 tclentify this Basement by mpienlial number if the project contains mom awl one ensemcat of tbistypo.See inslructioas/cheekliet ibr udditional ioforma(ion. For Internal.Use Only R ESMT-2024-0048 Record Number: SANffARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement made this 26th day of March 20 24 -between GFI Rock Village Apartments,LLC ("Grantor") and the City ofMeridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS,it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give,grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: '(SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water°mains and their allied facilities, together with their maintenance,repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. T O HAVE AND T O 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 patties hereto, that after malting repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed'within the area described in this easement that was placed there in violation of this easement. i Sanitary Sewer and Water Main Easement Page 1 Version 01/01/2024 THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings, trash enclosures, carports, sheds, fences, trees, or deep-rooted shrubs. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: CIF i ROUE- U t ijA1,E PsPlf MC'N R t,�G STATE OF4D*t*H UITVR ) ss County off )c V This record was acknowledged before me on 31141U (date) by S (name of individual), [complete the following ifsigning in a representative capacity, or strike the following ifsigning in an individual capacity] on behalf of_An "(k.un kjA ,-ApgeTV",wdriame of entity on behalf of whom record was executed), in the following representative capacity:`kAMf�'IL (type of authority such as officer or trustee) Notary Stamp Below cAA1W11 �,yntitr SERRA NICOLE LAKOMSKI '�. Notary Public-State of Utah R Comm.No.734583 Notary Signature My Commission Expires an Doc 13, 2027 My Commission Expires:^I ZO Z Sanitary Sewer and Water Main Easement Page 2 Version 0 1/0 1/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 3-26-2024 Attest by Chris Johnson, City Clerk 3-26-2024 STATE OF IDAHO, ) ss. County of Ada ) This-record was acknowledged before me on 3-26-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Stamp Below Notary Signature My Commission Expires: 3-28-2028 Sanitary Sewer and Water Main Easement Page 3 Version 01/01/2024 km E N G I N E E R I N G March 15,2024 Project No. 17-169 City of Meridian Sewer and Water Easement Legal Description Exhibit A A parcel of land for a City of Meridian Sewer and Water Easement situated in the Southwest 1/4 of the Northwest 1/4 of Section 4,Township 3 North, Range 1 East, Boise Meridian, City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a found brass cap marking the Northwest corner of said Section 4,which bears N00°36'00"E a distance of 2,611.39 feet from a found brass cap marking the West 1/4 corner of said Section 4,thence following the westerly line of said Northwest 1/4,S00°36'00"W a distance of 1,391.58 feet; Thence leaving said westerly line,S89°24'00"E a distance of 549.47 feet to the boundary of a parcel of land as described in Quitclaim Deed per Instrument No.2020-083833 and being POINT OF BEGINNING 1. Thence S89°51'07"E a distance of 230.06 feet; Thence N00°36'27"E a distance of 75.19 feet; Thence S89°35'09"E a distance of 188.67 feet; Thence N00°24'51"E a distance of 19.66 feet; Thence S89°35'09"E a distance of 20.00 feet; Thence S00°24'51"W a distance of 39.66 feet; Thence N89°35'09"W a distance of 187.24 feet; Thence S00°36'27"W a distance of 75.09 feet; Thence N89°51'07"W a distance of 27.72 feet; Thence S00°37'59"W a distance of 72.46 feet to a point hereinafter referred to as"POINT A"; Thence S89°25'01"E a distance of 159.90 feet; Thence N00°34'59"E a distance of 19.99 feet; Thence S89°25'01"E a distance of 20.00 feet; Thence S00°34'59"W a distance of 19.99 feet; Thence S89°25'01"E a distance of 113.42 feet; Thence S00°34'59"W a distance of 2.81 feet; Thence S89°25'01"E a distance of 36.33 feet; Thence S00°34'59"W a distance of 20.00 feet; Thence N89°25'01"W a distance of 36.33 feet; Thence S00°34'59"W a distance of74.89 feet; Thence S44°25'01"E a distance of 62.51 feet; Thence S89°25'01"E a distance of 119.03 feet to a point hereinafter referred to as"POINT B"; Thence S00°34'59"W a distance of 276.86 feet; Thence S89°17'42"E a distance of44.26 feet to said Quitclaim Deed boundary; Thence following said Quitclaim Deed boundary,S00°40'39"W a distance of 20.00 feet; Thence leaving said Quitclaim Deed boundary, N89°17'42"W a distance of 44.22 feet; Thence S00°34'59"W a distance of 39.02 feet; Thence N89°22'03"W a distance of 3.30 feet; Thence S00°37'57"W a distance of 25.37 feet; Thence N89°22'03"W a distance of 20.00 feet; 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengllp.com Thence N00°37'57"E a distance of 25.37 feet; Thence N89°22'03"W a distance of 433.67 feet; Thence S00°37'59"W a distance of 11.00 feet; Thence N89°21'38"W a distance of 94.35 feet; Thence S49°32'47"W a distance of 26.92 feet to an existing Sewer and Water Easement as described per Instrument No. 104048418; Thence following said existing Sewer and Water Easement the following two(2) courses: 1. N39°52'16"W a distance of 62.73 feet; 2. N54°35'26"W a distance of 47.43 feet to a point hereinafter referred to as"POINT C"; Thence leaving said existing Sewer and Water Easement,N00°37'S7"E a distance of 502.13 feet; Thence N89°51'07"W a distance of 29.50 feet to said Quitclaim Deed boundary; Thence following said Quitclaim Deed boundary, N00°37'57"E a distance of 20.00 feet to POINT OF BEGINNING 1. Said parcel contains 7.262 acres,more or less. LESS AND EXCEPTING THEREFROM: Commencing at a point previously referred to as"POINT A",thence S00°37'59"W a distance of 20.00 feet to POINT OF BEGINNING 2. Thence S89°25'01"E a distance of 237.82 feet; Thence S00°34'59"W a distance of 13.23 feet; Thence S89°25'01"E a distance of 20.00 feet; Thence N00°34'59"E a distance of 13.23 feet; Thence S89°25'01"E a distance of 15.52 feet; Thence 500'34'59"W a distance of 85.99 feet; Thence S44°25'01"E a distance of 64.93 feet; Thence S45°34'59"W a distance of 71.63 feet; Thence S00°34'59"W a distance of 87.78 feet; Thence N89°22'03"W a distance of 4.76 feet; Thence N00°37'57"E a distance of 16.81 feet; Thence N89°22'03"W a distance of 20.00 feet; Thence 500*37'57"W a distance of 16.81 feet; Thence N89°22'03"W a distance of 90.29 feet; Thence N00°37'57"E a distance of 14.50 feet; Thence N89°22'03"W a distance of 20.00 feet; Thence S00°37'57"W a distance of 14.50 feet; Thence N89*22'03"W a distance of 133.79 feet; Thence N00°37'59"E a distance of 121.83 feet; Thence S89°22'01"E a distance of 2.00 feet; Thence N00*37'59"E a distance of 20.00 feet; Thence N89°22'01"W a distance of 2.00 feet; Thence N00°37'59"E a distance of 128.26 feet to POINT OF BEGINNING 2. Said parcel contains 1.714 acres, more or less. PAGE 2 ALSO LESS AND EXCEPTING THEREFROM: Commencing at a point previously referred to as"POINT B",thence S45*34'59"W a distance of 28.28 feet to POINT OF BEGINNING 3. Thence S00°34'59"W a distance of 147.38 feet; Thence N89°25'01"W a distance of 13.06 feet; Thence S00°34'59"W a distance of 23.28 feet; Thence S89°25'01"E a distance of 13.06 feet; Thence S00°34'59"W a distance of 125.21 feet Thence N89°22'03"W a distance of 298.65 feet; Thence N00°37'57"E a distance of 14.00 feet; Thence N89°22'03"W a distance of 26.81 feet; Thence S00°37'57"W a distance of 14.00 feet; Thence N89°22'03"W a distance of 111.49 feet; Thence N00°37'59"E a distance of 147.29 feet; Thence S89°22'03"E a distance of 288.86 feet; Thence N00°34'59"E a distance of 99.51 feet; Thence N45°34'59"E a distance of 69.20 feet; Thence S89°25'01"E a distance of 99.03 feet to POINT OF BEGINNING 3. Said parcel contains 1.939 acres,more or less. ALSO LESS AND EXCEPTING THEREFROM: Commencing at a point previously referred to as"POINT C",thence following said existing Sewer and Water Easement as described per Instrument No. 104048418,S54°35'26"E a distance of 24.35 feet to POINT OF BEGINNING 4. Thence leaving said existing Sewer and Water Easement, N00°37'57"E a distance of 103.55 feet,- Thence S89°22'03"E a distance of 13.40 feet; Thence N00°37'57"E a distance of 26.00 feet; Thence N89°22'03"W a distance of 13.40 feet; Thence N00°37'57"E a distance of 211.21 feet; Thence S89°22'03"E a distance of 13.69 feet; Thence N00°37'57"E a distance of 30.00 feet; Thence N89°22'03"W a distance of 13.69 feet; Thence N00°37'57"E a distance of 145.43 feet; Thence S89°51'07"E a distance of 10.61 feet; Thence S00°08'53"W a distance of 24.86 feet; Thence S89°51'07"E a distance of 20.00 feet; Thence N00°08'53"E a distance of 24.86 feet; Thence S89°51'07"E a distance of 123.74 feet; Thence S00°37'59"W a distance of 49.69 feet; Thence N89°22'02"W a distance of 11.50 feet; Thence S00°37'59"W a distance of480.96 feet; PAGE 3 Thence N88°08'43"W a distance of 112.71 feet; Thence S68°48'36"W a distance of 10.64 feet to said existing Sewer and Water Easement; Thence following said existing Sewer and Water Easement the following two(2)courses: 1. N39°52'16"W a distance of 2.03 feet; 2. N54°35'26"W a distance of 23.08 feet to POINT OF BEGINNING 4. Said parcel contains 1.716 acres,more or less. Said description contains a total of 1.893 acres,more or less,and is subject to all existing easements and/or rights-of-way of record or implied. All subdivisions,deeds, records of surveys,and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated. Attached hereto is Exhibit B and by this reference is made a part hereof. �NNk- LAryDs o -< 1 662 '9TF f SOP � ts � PAGE 4 P:\17-169\CAD\SURVEY\EXHIBITS\240314 SEWER AND WATER EASEMENT 17-169.DWG,KOBE ZIMMERMAN,3/14/2024,DWG TO PDF.PC3,08.5X11 L[PDF] N. Eagle Road BASIS OF BEARING — — �, �,— — — — — — N00'36'00"E 2611.39' ^' 1219.81' 1391.58' � W moo l0 cn m P R OF O _I Fss Z m 0 I'r1 z4, I< ^., ay5 . !1 2v colcNo_ 41 00 � C n v �r 0 I C o m 0 00 �. rZn l r� !� o N o o mFri ; � o q'y0 I a1 L40 f I '- 4� m C41 1 I I m L38 `DI 1 20 I Z 1 Z-I I 1 —0 1 - --- -Y T-- -------- - - I �� 1 D � 4� L84 �L82 L8 1 I I 00 SI I — co I C O D m D O rn �QG 00 L88� i < Z M C Z � m a � 1 z Z r Fri 70 m ° � 1, m r Z o e z Z m v cn A Na I 1 Frim m Z D O oa 001 I p 1 I Ln o LA `� 1 L92 � — L90 � CD II fi NCZ 7'59"E 128.26' 1 1 L10 — — L� —— O M0 o -- - L8 0 z0 1 0m 1 v 1 D I 1 N MATCH LINE-SHEET 2 rn m N a Exhibit B =m� G) m z°° - City of Meridian Sewer and Water Easement �tio2Z ao oDp O —S rn a 0 N n TI 3 W w 0 m A a A parcel of land situated in the Southwest 1/4 of the Northwest 1/4 of Z o Section 4, T.3N., R.1E., B.M., City of Meridian, Ada County, Idaho � A P:\17-169\CAD\SURVEY\EXHIBITS\240314 SEWER AND WATER EASEMENT 17-169.DWG,KOBE ZIMMERMAN,3/14/2024,DWG TO PDF.PC3,08.5X11 L[PDF] MATCH LINE-SHEET 1 L60 f � N00'37'59"E 128.26' �I I L10 � j-- — — L? —— 1 �I N cn N Z O � NZ 0 (0 �O I r l -- - _ - - r.? o O N Z I I Z L8 zo rr N I I I _r I I1 I I Iw 41 NI I JI I I I I I I I �12 �W I L1 4 I I r DI CA � I � L6 �Ut I1 L„ r I— m -P _ —— —4k L47 M �.- - --- - - -1 W i I O \ Y � co I I v j C7 O rn D f' ♦L18 m rn I O I G')-0 vl r Z o cn J r N Z z I ^ N N 0O I I O wTl ICI o — L61 I m L23 - --_—� Exhibit B _ M, 0 m m z°° - N� City of Meridian Sewer and Water Easement 3tio2Z D 2 M Q �mOQ T i .'0 m m ALnA parcel of land situated in the Southwest 1/4 of the Northwest 1/4 of b Z Section 4, T.3N., R.1E., B.M., City of Meridian, Ada County, Idaho � a two A P:\17-169\CAD\SURVEY\EXHIBITS\240314 SEWER AND WATER EASEMENT 17-169.DWG,KOBE ZIMMERMAN,3/14/2024,DWG TO PDF.PC3,08.5X11 L[PDF] MATCH LINE-SHEET 4 CID CYI I I� I Ir J I I r O ICD I O > I I 0) I I C l w N Ir I IU la' I I r N L o I i i NI r �), UI L50 I I CP'o I I f I W I z 0 CP l cD I I— IIN 1 0 I m � l o L31 I �L63 W I I r L65 L61 I z * — - - - -- -- - - - � �— + �L29 L27 - -- ---- - - -- - - - - - L23 - -- - -� NI IN L25 Records Avenue m N o Z Exhibit B ooz (D M q m 3 mm° - W.. City of Meridian Sewer and Water Easement N O 2 Z 00 �yo rn Q v W 0 o M T 3 b W m X Ln v A parcel of land situated in the Southwest 1/4 of the Northwest 1/4 of w q Z o Section 4, T.3N., R.H., B.M., City of Meridian, Ada County, Idaho t�D A P:\17-169\CAD\SURVEY\EXHIBITS\240314 SEWER AND WATER EASEMENT 17-169.DWG,KOBE ZIMMERMAN,3/14/2024,DWG TO PDF.PC3,08.5X11 L JPDFJ (.n O / W z / N P� N C7 ---- -- -- -- ------ ---- - - -- ,L L38 — 0 Ul 61R� �'� m rrI L78�- 8 m O co 0// z--A z / cr0 I Z K +' I � I CA I I �I I CA .---------- -- -- -- ---- ---- ---L92 — D n r L71 I r- -- - L60 - - z I NU) Nz 1 I O � 00 O (q M f I VN 00 VN IJ I I 0 o I0 I Ir m L r I ICn m I I � I I cn o J I Ir D r I I Do m o I00 C NI *4-11 o N CD NI Ir I IC I I� MATCH LINE-SHEET 3 m Cn N Exhibit B m •• 300° � a City of Meridian Sewer and Water Easement j N O S Z ao D O fTl O a p n TI 3 W O m Lna A parcel of land situated in the Southwest 1/4 of the Northwest 1/4 of W W< l ° D z o Section 4, T.3N., R.H., B.M., City of Meridian, Ada County, Idaho t' � A 4- 0 LINE TABLE LINE TABLE LINE TABLE LINE TABLE 0 LINE BEARING DISTANCE LINE BEARING DISTANCE LINE BEARING DISTANCE LINE BEARING DISTANCE L1 S89'51'07"E 230.06 L26 N89'17'42"W 44.22 L51 N89'22'03"W 4.76 L76 N00'37'57"E 103.55 c L2 N00'36'27"E 75.19 L27 S00'34'59"W 39.02 L52 N00'37'57"E 16.81 L77 S89'22'03"E 13.40 Ln p U Z L3 S89'35'09"E 188.67 L28 N89'22'03"W 3.30 L53 N89'22'03"W 20.00 L78 N00'37'57"E 26.00 w v L4 N00'24'51"E 19.66 L29 S00'37'57"W 25.37 L54 S00'37'57"W 16.81 L79 N89'22'03"W 13.40 fB L5 S89'35'09"E 20.00 L30 N89'22'03"W 20.00 L55 N89'22'03"W 90.29 L80 N00'37'57"E 211.21 CO L L6 S00'24'51"W 39.66 L31 N00'37'57"E 25.37 L56 N00'37'57"E 14.50 L81 S89'22'03"E 13.69 m4.1 uai o L7 N89'35'09"W 187.24 L32 N89'22'03"W 433.67 L57 N89'22'03"W 20.00 L82 N00'37'57"E 30.00 3. - w i 41 o L8 S00'36'27"W 75.09 L33 S00'37'59"W 11.00 L58 S00'37'57"W 14.50 L83 N89'22'03"W 13.69 G 4-1 U L9 N89'51'07"W 27.72 L34 N89'21'38"W 94.35 L59 N89'22'03"W 133.79 L84 N00'37'57"E 145.43 Lu N V) � M L10 S00'37'59"W 72.46 L35 S49'32'47"W 26.92 L60 N00'37'59"E 121.83 L85 S89'51'07"E 10.61 m L1 1 S89'25'01"E 159.90 L36 N39'52'16"W 62.73 L61 S00'34'59"W 147.38 L86 S00'08'53"W 24.86 w 73 4.1 w _ L12 N00'34'59"E 19.99 L37 N54'35'26"W 47.43 L62 N89'25'01"W 13.06 L87 S89'51'07"E 20.00 i N A 1 41 o L13 S89'25'01"E 20.00 L38 N00'37'57"E 502.13 L63 S00'34'59"W 23.28 L88 N00'08'53"E 24.86 m o L14 S00'34'59"W 19.99 L39 N89'51'07"W 29.50 L64 S89'25'01"E 13.06 L89 S89'51'07"E 123.74 CQ r L15 S89'25'01"E 113.42 L40 N00'37'57"E 20.00 L65 S00'34'59"W 125.21 L90 S00'37'59"W 49.69 > p L16 S00'34'59"W 2.81 L41 S00'37'59"W 20.00 L66 N89'22'03"W 298.65 L91 N89'22'02"W 11.50 U U u Q U.) w L17 S89'25'01"E 36.33 L42 S89'25'01"E 237.82 L67 N00'37'57"E 14.00 L92 S00'37'59"W 480.96 Q < L18 S00'34'59"W 20.00 L43 S00'34'59"W 13.23 L68 N89'22'03"W 26.81 L93 N88'08'43"W 112.71 DATE: March,2024 < L19 N89'25'01"W 36.33 L44 S89'25'01"E 20.00 L69 S00'37'57"W 14.00 L94 S68'48'36"W 10.64 PROJECT: 17.169 a L20 S00'34'59"W 74.89 L45 N00'34'59"E 13.23 L70 N89'22'03"W 111.49 L95 N39'52'16"W 2.03 SHEET: OF 5 a a 62.51 L46 15.52 L71 N00'37'59"E 147.29 L96L21 S44'25'01"E N54'35'26"W 23.08 N L22 S89'25'01"E 119.03 L47 S00'34'59"W 85.99 L72 S89'22'03"E 288.86 L97 S45'34'59"W 28.28 L23 S00'34'59"W 276.86 L48 S44'25'01"E 64.93 L73 N00'34'59"E 99.51 w L24 S89'17'42"E 44.26 L49 S45'34'59"W 71.63 L74 N45'34'59"E 69.20 L25 S00'40'39"W 20.00 L50 S00'34'59"W 87.78 L75 S89'25'01"E 99.03 E N G I N E E R I N G i 5725 NORTH DISCOVERY WAY BOISE,IDAHO 83713 PHONE(208)639-6939 i kmengllp.com a 188.67 s89n$gw1©9"w } 187.24 230.06 y Div s89°51'07"e y �a r 159.90 F' 113.42 s89°25'01"e s89°25'01"e rr17si 119.03 s89°25'01"e q N � /1 O O G O. J� V 0q M � O N O 24 �] 26 H n89°21'38"w n89°22'03"w ���laro5 94.35 433.67 Title: FDate703-15-2024 Scale: 1 inch= 120 feet File: f Tract 1: 7.262 Acres: 316322 Sq Feet: Closure=n28.0713e 0.00 Feet: Precision=1/936261: Perimeter=3347 Feet 001=s89.5107e 230.06 015=s89.2501e 113.42 029=s00.3757w 25.37 002=n00.3627e 75.19 016=s00.3459w 2.81 030=n89.2203w 20.00 003=s89.3509e 188.67 017=s89.2501e 36.33 031-n00.3757e 25.37 004=n00.2451e 19.66 018=s00.3459w 20.00 032=n89.2203w 433.67 005=s89.3509e 20.00 019=n89.2501w 36.33 033=s00.3759w 11.00 006=s00.2451w 39.66 020=s00.3459w 74.89 034=n89.2138w 94.35 007=n89.3509w 187.24 021=s44.2501e 62.51 035=s49.3247w 26.92 008=s00.3627w 75.09 022=s89.2501e 119.03 036=n39.5216w 62.73 009=n89.5107w 27.72 023=s00.3459w 276.86 037=n54.3526w 47.43 010=s00.3759w 72.46 024=s89.1742e 44.26 038=n00.3757e 502.13 011=s89.2501e 159.90 025=s00.4039w 20.00 039=n89.5107w 29.50 012=n00.3459e 19.99 026=n89.1742w 44.22 040=n00.3757e 20.00 013=s89.2501e 20.00 027=s00.3459w 39.02 014=s00.3459w 19.99 028=n89.2203w 3.30 237.82 s89°25'01"e s 3 3 °i rn �^ rn a 00 0 10 a o N - 06 n N M O O S •93 or,, e q� 5 0 M � W N M ^ O 7 r M � C 0 n 16 12 h n89°22'03"w n89°22'03"w 1 133.79 90.29 Title: Date: 03-15-2024 Scale: 1 inch= 50 feet File: Tract 1: 1.714 Acres: 74642 Sq Feet: Closure=n10.1828e 0.01 Feet: Precision=1/112991: Perimeter= 1216 Feet 001=s89.2501e 237.82 009=s00.3459w 87.78 017=s00.3757w 14.50 002=s00.3459w 13.23 010=n89.2203w 4.76 018=n89.2203w 133.79 003=s89.2501e 20.00 011=n00.3757e 16.81 019=n00.3759e 121.83 004=n00.3459e 13.23 012=n89.2203w 20.00 020=s89.2201e 2.00 005=s89.2501e 15.52 013=s00.3757w 16.81 021=n00.3759e 20.00 006=s00.3459w 85.99 014=n89.2203w 90.29 022=n89.2201w 2.00 007=s44.2501e 64.93 015=n00.3757e 14.50 023=n00.3759e 128.26 008=s45.3459w 71.63 016=n89.2203w 20.00 99.03 Zs89°25'O1"e bq. �yeJ 5� sk 3 a 00 n m M C. a O v? 7 CT 7 � O 0 288.86 s89°22'03"e a N r � rON 3 <* ° - ER � N V to � N O N 8 n89°22'03"w n89°22'03"w 111.49 298.65 Title: Date: 03-15-2024 Scale: 1 inch = 60 feet File: Tract 1: 1.939 Acres: 84448 Sq Feet: Closure=n01.2927w 0.01 Feet: Precision=1/142299: Perimeter= 1491 Feet 001=s00.3459w 147.38 007=n00.3757e 14.00 013=n00.3459e 99.51 002=n89.2501w 13.06 008=n89.2203w 26.81 014=n45.3459e 69.20 003=s00.3459w 23.28 009=s00.3757w 14.00 015=s89.2501e 99.03 004=s89.2501e 13.06 010=n89.2203w 111.49 005=s00.3459w 125.21 011=n00.3759e 147.29 006=n89.2203w 298.65 012=s89.2203e 288.86 123.74 10 s89151'07"e s F � iz 16 _N t+l � 7 � h � 7 � ^ O O 8 r 6 U - � 3 N � - ' o h N O 00 O � 7 O O y 4 ci O M - O O C R n88°08'43"w 112.71 Title: Date: 03-15-2024 Scale: 1 inch= 80 feet File: Tract 1: 1.716 Acres: 74750 Sq Feet: Closure=s38.4543w 0.00 Feet: Precision=1/585690: Perimeter= 1465 Feet 001=n00.3757e 103.55 009=n00.3757e 145.43 017=s00.3759w 480.96 002=s89.2203e 13.40 010=s89.5107e 10.61 018=n88.0843w 112.71 003=n00.3757e 26.00 011=s00.0853w 24.86 019=s%4836w 10.64 004=n89.2203w 13.40 012=s89.5107e 20.00 020=n39.5216w 2.03 005=n00.3757e 211.21 013=n00.0853e 24.86 021=n54.3526w 23.08 006=s89.2203e 13.69 014=s89.5107e 123.74 007=n00.3757e 30.00 015=s00.3759w 49.69 008=n89.2203w 13.69 016=n89.2202w 11.50 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: water and Sewer Main Replacement- E. Idaho Ave., N. Meridian Rd. to NE 6th St.: Temporary Construction Easements Mayor Robert E. Simison City Council Members: E IDIAN ��� Joe Borten, President Liz Strader,Vice President D A H O Doug Taylor John Overton Anne Little Roberts Luke Cavener TO: Mayor Robert E. Simison Members of the City Council FROM: Tyson Glock, Staff Engineer II DATE: 3/6/24 SUBJECT: WATER AND SEWER MAIN REPLACEMENT -E IDAHO AVENUE,N MERIDIAN RD TO NE 6TH ST: TEMPORARY CONSTRUCTION EASEMENTS REQUESTED COUNCIL DATE: I. RECOMMENDED ACTION A. Move to: 1. Approve the Temporary Construction Easements 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 III. DESCRIPTION A. Background The Water and Sewer Main Replacement-E Idaho Avenue,N Meridian Rd to NE 6th St involves installing a new sewer main in E Idaho Ave and abandoning the sewer mains located in alley due north of E Idaho Ave and due south of E Idaho Ave. There are 18 commercial properties between N Main St and NE 3rd St that are currently served by the alley sewer mains to be abandoned. As part of the project those sewer services will be rerouted from the mains in the alley to the main in E Idaho Ave. Page I of 3 B. Proposed Project In order for the 18 commercial properties sewer services to be rerouted,the City's contractor needs to access the properties, and in some cases enter the building. The Temporary Construction Easements provide the required authorization the City's contractor needs to do the work. Since these are temporary easements the majority of the agreements will not be recorded. However, one of the property owners (139 E Idaho Ave) is planning on putting up their property for sale. The sale could happen during construction and recording the agreement would prevent the City from having to get a new agreement in place. IV. IMPACT A. Strategic Impact: The proposed project allows the City to be pro-active with replacing aging infrastructure before it fails. B. Service/Delivermpact: Rerouting the sewer services will impact the property owners. The contractor is allowed a 4 hour window where sewer services will be interrupted. V. ALTERNATIVES The City could choose to not sign the agreements. This would create two options Option 1: The work would not be completed by the City and the property owners would be responsible for rerouting their sewer services to the new main in E Idaho Ave. Option 2: The work is not completed and the City keeps the sewer mains in the alleys operational. VI. TIME CONSTRAINTS It is important that these agreements get approved as soon as possible to prevent delays in constructions. VII. LIST OF ATTACHMENTS Temporary Construction Agreement—59 E Idaho Ave Temporary Construction Agreement—77 E Idaho Ave Temporary Construction Agreement— 105 E Idaho Ave Temporary Construction Agreement— 113 E Idaho Ave Temporary Construction Agreement— 114 E Idaho Ave Temporary Construction Agreement— 118 E Idaho Ave Page 2 of 3 Temporary Construction Agreement— 124 E Idaho Ave Temporary Construction Agreement— 126 E Idaho Ave Temporary Construction Agreement— 127 E Idaho Ave Temporary Construction Agreement— 130 E Idaho Ave Temporary Construction Agreement— 136 E Idaho Ave Temporary Construction Agreement— 139 E Idaho Ave Temporary Construction Agreement— 140 E Idaho Ave Temporary Construction Agreement—240 E Idaho Ave Temporary Construction Agreement—720 N Main St Temporary Construction Agreement—723 N Main St Temporary Construction Agreement—725 NE 2nd St Temporary Construction Agreement— 800 NE 2nd St Approved for Council Agenda: 6 " " J Y I`\ ' 3/6/24 Page 3 of 3 Commercial Property Agreement Property Response Notifications 59 E Idaho Ave Yes 9-Feb 77 E Idaho Ave Yes 3/4/2024 723 N Main St Yes 16-Jan 105 E Idaho Ave Yes Received on 1/29 113 E Idaho Ave Yes 16-Jan 127 E Idaho Ave Yes 9-Feb 139 E Idaho Ave Yes 9-Feb 725 NE 2nd St Yes 9-Feb 240 E Idaho Ave Yes 16-Jan 800 NE 2nd St Yes 16-Jan 140 E Idaho Ave Yes 3/4/2024 136 E Idaho Ave Yes 2/26/2024 130 E Idaho Ave Yes 14-Feb 126 E Idaho Ave Yes 2/21/2024 124 E Idaho Ave Yes Received on 2/2 118 E Idaho Ave Yes 3/4/2024 114 E Idaho Ave Yes Received on 2/5 720 N Main St Yes Received on 1-31 RECOROM REQUESTED BY AND WHEN RECORDED RE T TO City cta* 07y of Maidan 33E-aioadwayAvenue ID 33642 TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR CONNECTION TO SEWER SERVICE: 139 E IDAHO AVE,MERIDIAN,III 83642-0000 This TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR CONNECTION TO SEWER SERVICE("Agreement")is made this26th day of March 2024("Effective Date"), by and between the City ofMeridian, a municipal corporation organized under the laws ofthe State ofldaho,whose address is 33 East Broadway Avenue, Meridian, Idaho ("City"),and KENT D MURRI, owner ofthe property at 139 E IDAHO AVE, Meridian,Idaho ("Property Owner")collectively,"Parties"). WHEREAS,Property Owner is the owner ofthe property at 139 E IDAHO AVE, Meridian, Idaho, Ada County parcel no. R5672000636, PAR40636 SLY POR LTS 11112 BL4 (" Pe '); WHEREAS,the sewer line serving Property is currently located in the alley to the north ofthe Property; WHEREAS, in Spring 2024,pursuant to its authority under Idaho Code section 50-332, the City of Meridian will begin a public works project that includes installing a new sewer main along NE 2nd St from E Idaho Ave to the alley south of the Property("Project"); WHEREAS,to improve efficiency and long-term viability ofsewer service to properties along NE 2nd St from E Idaho Ave to the alley south of the Property,including the Property, the City has offered to assess the feasibility ofrerouting the plumbingserving Property to connect to the new sewer line alongNE 2nd St and, if it is feasible,to cause such work to be completed at the City'sexpense;and WHEREAS, Property Owner has accepted this offer and wishes to authorize City 1)to initiate the feasibility assessment,and2)ifhe Citydetermines that it is feasible, to include in the scope ofwork for the Project the rerouting ofthe plumbing serving the building at Property and its connection to the new sewer line; NOW,THEREFORE,for good and valuable consideration, the receipt and sufficiency ofwhich is hereby acknowledged and agreed,and in consideration ofthe mutual promises and covenants herein contained, and in consideration ofthe recitals above,which are incorporated herein,the Parties agree as follows: I.COMMITMENTS BY CITY. A. FEASIBILITY ASSESSMENT.Within one hundred and eighty (180)days of execution of this Agreement,City shall conduct an assessment of the structural integrity,plumbing condition, and other factors and risks related to the feasibility of replumbing the building at Property to connect to the new sewer main to be placed in the right-of-way along NE 2nd St. B. IF NOT FEASIBLE.If,in the City's sole discretion, it is not feasible to replumb the building at Property and connect it to the new sewer main to be placed in the right-of-way along NE 2nd St,the City will take no further action with regard to the Property. The Property will continue to be served by the sewer in the alley to the south. C. IF FEASIBLE.If, in the City's sole discretion, it is feasible to replumb the building at Property to connect it to the new sewer main to be placed in the right-of-way along NE 2nd St,the City shall: 1. Add this work to the scope of work for the Project,and shall complete such work at the City's sole expense. This work shall include restoration of the exterior and,if required,the interior of the Property to its general pre-Project condition, as nearly as is feasible. 2. Contact Property Owner to provide details regarding scheduling,timeline,and the next steps for completion of this work. 3. Select a general contractor who will hire a licensed plumber to install all related plumbing and infrastructure necessary to connect the building at Property to the new sewer main along NE 2nd St. Such work shall be completed in accordance with the regulations of the Building Services Division of the City of Meridian Community Development Department,the City of Meridian Public Works Department,and any and all other applicable rules or laws. 4. As practicable,provide notice to Property Owner of any need to access the Property and building thereon in order to complete City's obligations under this Agreement. D. PROVISION OF SEWER SERVICES. At all times,City shall provide sewer services to the Subject Property, subject to necessary stoppages due to construction,and all applicable laws and City ordinances. City shall bill Property Owner for sewer usage according to the metering,accounting, and billing system in place under Meridian City Code and the policies and practices of the City of Meridian. IL COMMITMENTS BY PROPERTY UWNER. A. EASEMENT;RIGHT OF ENTRY. Property Owner authorizes the City, its consultants,agents, employees and/or contractors,a temporary easement over and across the Property, and the right to enter the Property and all buildings thereon,in order to complete all necessary work to fulfill City's obligations under this Agreement. City shall have and hold the temporary easement and right of entry until the Project is complete. Property Owner shall notify the occupant(s) of the building located on Property of the terms of this Agreement and instruct such occupant(s)to provide access to City,its consultants,and/or its contractors as necessary to complete the work described by this Agreement. R No GUARANTEE. Property Owner acknowledges that City may not elect to reroute the sewer service from the existing main in the alley to the new main in the right-of-way along NE 2nd St.The City may decline to reroute the plumbing from the building on Property,if such work is not feasible,in City's sole discretion. C. PAYMENT FOR CITY SERVICES. Upon connection to and whenever Property is connected to the City's sewer system, regardless of the location of such connection,Property Owner shall pay to City all applicable foes and costs for services provided,as such fees are calculated and billed by City as set forth herein and established by law or City policy or ordinance. The exclusive remedy for any disputes,objections,or appeals regarding such fees and costs shall be with the Board of Adjustment,under the procedures set forth in Meridian City Code. D. OPERATION AND MAINTENANCE. Upon connection to and at all times Property is connected to the City's sewer system, regardless of the location of such connection,Property Owner shall be solely responsible for any and all costs related to operation and maintenance of all portions and functions of the plumbing between the sewer line and the Property served by the City sewer system. E. ACKNOWLEDGMENT OF SCOPE OF WORK. Property Owner acknowledges that construction related to the rerouting of plumbing and installation of new plumbing may require the temporary removal of landscaping,walkways,walls,flooring,and other structural aspects of the building at Property. 'While City shall restore the interior and exterior of the Property to the condition they were in prior to the Project,Property Owner shall be responsible for any other repair,maintenance,or other work where the need for same is revealed by the removal of walls and floors in order to complete the work contemplated by this Agreement. City shall not be responsible for any repair to structural, electrical,mechanical, or other systems at Property,even if such necessity is revealed by work undertaken pursuant to this Agreement or any other aspect of the Project. F. WAIVER. Property Owner acquits and forever discharges the City of Meridian, its employees, and agents,from any and all claims,actions, causes of action,demands,rights, damages, costs,expenses and additional compensation,including attorney fees,which Property Owner now has or may later realize in relation to any expense of any type related this Agreement or to Project,whether such expense is foreseen,unforeseen,known,or unknown. Except as may be provided in any written warranty provided by the contractor completing the work contemplated by this Agreement,Property Owner shall be solely responsible for any structural,electrical,mechanical,or other malfunction or damage occurring after completion of the work contemplated by this Agreement, and shall not make any claim or demand, or bring any cause of action against City for same. G. INDEMNIFICATION. Property Owner acknowledges that provision of services under this Agreement may carry risks of property damage,property loss,personal injury, illness, and/or death, some of which risks are unknown,and, with that knowledge,Property Owner hereby assumes all such risks and hazards.Property Owner shall indemnify,save, and hold harmless the City and any and all of its employees,agents,volunteers,and/or elected officials from any and all kisses, claims,and judgment~ for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Property (honer or Property Owner's taunts, agents, employees. guests, and/or business invitees_ III. GEMItAI.PROVISIONS. A. `PERM. This Agreement shall become el•lective on the Effective Date first written above, and shall be effective through the earlier ofcompletion of the Project or September 30, 2024, unless earlier extended or terminated by the ['allies. B. RECORDATION. City shall record this Agreement against the Property, at City's cost. C. TERMINATION. if City determines that Property Owner has failed to comply with any term or condition of this Agreement. violated any ol'the covenants, agreements, andior stipulations of this Agreement; engaged in fraud, dishonesty, or any other act of•misconduct in the performance ol•this Agreement; or if either Party willfully or negligently defaultS in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the derattlting party of its intent to terminate, and shall specify the grounds for lermina.tion. The defaulting, party shall have seven (7) clays alley receipt of such notice to cure the default. lithe default is not CUI-Cd within such period, this Agreement shall he terminated upon mailing cal written notice of such termination by the terminating party. 1). TERMI`dA'rioN OR RESCISSION BY PROPERTY OWNER. If, prior to initiation of construction as part of Project. Property Owner tenninates this Agreement, and/or rescinds Property Owner's acceptance of'City's offer to assess and potentially reroute the service line, for any reason, the City shall not be responsible for any costs related to the Project or the Project's impact on Property, other than connecting the Property's existing plumbing to the rehabilitated main when complete. F_ ('ITY NOT Rk;SPONSI IiLb: I()R OIIiER COSTS. Property Owner acknowledges and agrees that except as explicitly stated in this Agreement, the City will not be responsible fin• any costs Property Owner ma}• incur as a result of or otherwise attributable to the Project, whether such costs are related to known or unknown risks or factors. Specifically, without limitation, City shall not be responsible IM-any lost business or other revenue(luring or attributable to the Project, nor for any plumhing- or sewer-related costs following Project completion. F. DAY-TO-DAY COMMUNiCATIONS. Communication between Property ON\nor and City regarding day-to-day matters (e.g., issues related to consu•uction, property entry. scheduling, etc.) shall occur via e-mail or telephone. City shall pro%ide Property Owner the name, e-mail address, and telephone number of specific City.personnel ("City Contact") who shall serve as the liaison between City and Property Owner for all clay-to-day matters. Property Owner shall provide City the name, e-mail address, and telephone number of the specific person ("Property Owner Contact") who shall serve as the liaison between Property Owner and City fir all clay-to-day matters. G. ALL OTHER NoTicEs. All other notices required to be given by either of the parties hereto 11 be in vnifng and be deemed communicawd when sent via e-mail,personally served,or mailed via United States rail,to the following personnel and address. if to Cam. If to Pro e __nerr. City Clerk,City of Meridian Kent Murri Jr. 33 E.Broadway Ave. 17072 °Wylie Pi Meridian,Idaho 83642 pampa,ID 83687 cityclerk@meridiancity.org kmurri@tait.com Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change,establishing a new address for noticing purposes,in accordance with the requirements ofthis section. I, LmrmioN OF LiAwLyry.City is not liable far consequential,indirect,incidental,special, exemplary,punitive,or enhanced damages arising out of or relating to any breach of this Agreement,whether or not such damages are foreseeable or Property Owner was advised of the possibility of such damages,regardless of the legal or equitable theory(contract,tort or otherwise)upon which the claim is based,,and notwithstanding the failure of any agreed or other remedy of its essential purpose.This limitation of City's liability shall not apply to(i) liability resulting from City's gross negligence or willful misconduct and C)death or bodily injury resulting from City's acts or omissions. lf. FORCE E.1`Fo Party will be liable for failure to perform any duty under this Agreement where such failure is due to or made impracticable by unforeseeable causes beyond the Parties' control and without the fault or negligence of the Parties,including,but not restricted to,acts of God or the public enemy,fire,flood,natural disaster,epidemic, strike, or order of any court or authorized agency. J. BiNDiNG UPON SUCCESSORS. Except as otherwise specifically provided herein,this Agreement shall be binding upon any and all owners of the Property,any and all subsequent owners thereof,and each and every other person acquiring an interest in the Property. Nothing herein shall,or shall be construed to,in any way prevent the sale or alienation of the Property,or any portion thereof,except that any sale or alienation shall occur subject to the provisions of this Agreement,and any successive owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. V. SEVERABILITY. If any provision of this Agreement is held invalid by a court of competent jurisdiction,such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any other provision or provisions contained herein. L. T -PARTY BENEt+'icLA rEs. This Agreement is not intended to create,nor shall it in any way be interpreted or construed to create,any third-party beneficiary rights in any person or entity not a party hereto. NL No REAL PROPERTY INTEREST. It is expressly understood that this Easement does not in any way whatsoever grant or convey any permanent easement. lease, fee or other interest in the Properly to the City. N. A.TTOIZNEY rN:r:S. Should any litigation be commenced between the. Parties concerning this Agreement, the prevailing party shall he entitled, in addition to any other relief as may he granted, to court costs and reasonable attorney fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter elliet, any dclault, termination. or forleiture of this Agreement. U. EN'rnm, AGREEIbiENT. 'This Agreement sets forth all promises, induccnnents, agreements, conditions, and understandings between City and Property owner relative to the subject matter hereof; and there are no promises, agreements, conditions, or understandings,either oral or\vritten, express or implied. between City and Property Owner, other than as are stated herein. Except as otherwise specifically provided herein; no suh5c(lue111, alteration, amendment,change,or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by hoth Parties or their successors in interest. 11. NON-WAIVER. failure of either Party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment ofany Party's right to thereafter enforce such term, and any right or remedy hereunder may he asserted at any time after either party becomes entitled to the bencfit lhcreof. notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by I.nNr. L.ikewisc, the: exercise of any remedy provided for herein or allowed by law shall not he to the exclusion of any other remedy. Q. APPLICABLE LAW. The validity, interpretation, perlormance and enforcement of this Agreement shall he governed by the laws ol'the State of Idaho; including, Without limitation, Article VIM, Section a, of the Idaho Constitution. Venue shall be in the courts of Ada County, Idaho, R. CONIPL1ANCL WIT17 LAWS. Throughout the course of this Agreement, the: Parties.shall comply with all applicable laws, ordinances. and codes of Federal, State, and local governments. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City ol'Meridian. 'I he City's ordinances appertaining to the regulation, control,and use of it, sewer and water systems, and any prospective amendments to and/or recodifications thereof, arc specifically and without limitation incorporated into this Agreement as if'set forth fully herein. S. ADVICE OF ATTORNEY. Faeli party warrants and represents that in executing; this Agreement, it has received independent legal and financial advice fivm its attorney and/ear financial advisor, or has had adequate oppor-lenity to seek such advice. T. W UMAN7 Y Or AUT11ORITY. Path person executing and signatory to this Agreement represents and warrants that the execution,delivery. and performance of this Agreenrcnt has been duly authorized by all necessary action of each respective party; that such person is, at the time of execution, duly authorized by the respective Parry's governing body to bind such Party in all respects;and acknowledges and agrees that this Agreement is and shall be a valid and binding obligation upon the Parties to this Agreement. U. APPROVAL REQunuD: This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian_ IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date first written above. PROPE WNER: STATE OF UTAH ) County of ) �'l v - I HEREBY CERTIFY that on this�day of�� l lgl] e' / 2024,before the undersigned,a Notary Public in the State /VPs�.ow of Utah, ak "L C. � 6�e_,personallyappeared, 11ame(printed) proven to me to be the person who executed the said instrument,and acknowledged to me that he executed the same. IN WITNESS WIFREOF,I have hereunto set my hand D O U G L A S B L A N C H A R D and affixed my official seal,the day and year in this ���%-~ •'dT. NOTARY certificate first above written. COMMISSION# 719402 COMM, EXP. 07-29-2025 Notary Public for Utah Residing at — ;Utah My Commission Expires: 7— 9 CITY OF MERIDIAN: Attest: Robert E. Simison,Mayor 3/26/2024 Chris Johnson, City Clerk 3/26/2024 STATE OF IDAHO ) ):ss County of Ada ) On this 26thday of March ,2024,before me,a Notary Public,personally appeared Robert E.Simison and Chris Johnson,know or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. -. .-........ - Notary Public for Idaho Residing at Meridian ,Idaho My Commission Expires: 3-28-2028 RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO. City Clerk City of Meridian 33 E.Broadway Avenue Meridian,ID 83642 TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR CONNECTION TO SEWER SERVICE: 59 E IDAHO AVE,MERIDIAN,ID 83642-0000 This TEMPORARY CONSTRUCITON EASEMENT AND AGREEMENT FOR CONNECTION TO SEWER SERVICE ("Agreement") is made this 26th day of T March , 2024("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho ("City"), and KLINE DAVID A TRUST, owner of the property at 59 E IDAHO AVE,Meridian, Idaho("Property Owner")(collectively, "Parties"). WHEREAS,Property Owner is the owner of the property at 59 E IDAHO AVE,Meridian,Idaho,Ada County parcel no. R5672000300 LOTS 19&20 BLK 2 ("Property"); WHEREAS,the sewer line serving Property is currently located in the alley to the north of the Property; WHEREAS, in Spring 2024,pursuant to its authority under Idaho Code section 50-332, the City of Meridian will begin a public works project that includes installing a new sewer main along E. Idaho Avenue, from Meridian Road to 6th Street("Project"); WHEREAS, to improve efficiency and long-term viability of sewer service to properties along E. Idaho Avenue from Meridian Road to 6th Street,including the Property, the City has offered to assess the feasibility of rerouting the plumbing serving Property to connect to the new sewer line along E. Idaho Avenue,and,if it is feasible,to cause such work to be completed at the City's expense; and WHEREAS,Property Owner has accepted this offer and wishes to authorize City 1) to initiate the feasibility assessment,and 2)if the City determines that it is feasible, to include in the scope of work for the Project the rerouting of the plumbing serving the building at Property and its connection to the new sewer line; NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which is hereby ackiowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above,which are incorporated herein,the Parties agree as follows: I. COMMITMENTS BY CITY. A. FEASIBNATY ASSESSMENT.Within one hundred and eighty(180) days of execution of this Agreement,City shall conduct an assessment of the structural integrity,plumbing condition, and other factors and risks related to the feasibility of replumbing the building at Property to connect to the new sewer main to be placed in the right-of-way along E. Idaho Avenue. B. IF NOT FEASIBLE. If, in the City's sole discretion, it is not feasible to replumb the building at Property and connect it to the new sewer main to be placed in the right-of-way along E. Idaho Avenue, the City will take no further action with regard to the Property. C. IF FEASIBLE.If, in the City's sole discretion,it is feasible to replumb the building at Property to connect it to the new sewer main to be placed in the right-of-way along E. Idaho Avenue, City shall: 1. Add this work to the scope of work for the Project,and shall complete such work at the City's sole expense. This work shall include restoration of the interior and exterior of the Property to its general pre-Project condition,as nearly as is feasible. 2. Contact Property Owner to provide details regarding scheduling, timeline, and the next steps for completion of this work. 3. Select and hire a licensed plumber to install all related plumbing and infrastructure necessary to connect the building at Property to the new sewer main along E. Idaho Avenue. Such work shall be completed in accordance with the regulations of the Building Services Division of the City of Meridian Community Development Department, the City of Meridian Public Works Department,and any and all other applicable rules or laws. 4. As practicable,provide notice to Property Owner of any need to access the Property and building thereon in order to complete City's obligations under this Agreement. D. PROVISION OF SEWER SERVICES. At all times, City shall provide sewer services to the Subject Property, subject to necessary stoppages due to construction,and all applicable laws and City ordinances. City shall bill Property Owner for sewer usage according to the metering, accounting, and billing system in place under Meridian City Code and the policies and practices of the City of Meridian. II._COMMITMENTS BY PROPERTY OWNER. A. EASEMENT;RIGHT OF ENTRY. Property Owner authorizes the City, its consultants, agents, employees and/or contractors, a temporary easement over and across the Property, and the right to enter the Property and all buildings thereon, in order to complete all necessary work to fulfill City's obligations under this Agreement. City shall have and hold the temporary easement and right of entry until the Project is complete. Property Owner shall notify the occupant(s) of the building located on Property of the terms of this Agreement and instruct such occupant(s)to provide access to City, its consultants, and/or its contractors as necessary to complete the work described by this Agreement. B. NO GUARANTEE. Property Owner acknowledges that City may not elect to reroute the sewer service from the existing main in the alley to the new main in the right-of-way along E. Idaho Street. The City may decline to reroute the plumbing from the building on Property,if such work is not feasible, in City's sole discretion. C. PAYMENT FOR CITY SERVICES. Upon connection to and whenever Property is connected to the City's sewer system,regardless of the location of such connection,Property Owner shall pay to City all applicable fees and costs for services provided,as such fees are calculated and billed by City as set forth herein and established by law or City policy or ordinance. The exclusive remedy for any disputes, objections,or appeals regarding such fees and costs shall be with the Board of Adjustment,under the procedures set forth in Meridian City Code. D. OPERATION AND MAINTENANCE. Upon connection to and at all times Property is connected to the City's sewer system,regardless of the location of such connection, Property Owner shall be solely responsible for any and all costs related to operation and maintenance of all portions and functions of the plumbing between the sewer line and the Property served by the City sewer system. E. ACKNOWLEDGMENT OF SCOPE OF WORK. Property Owner acknowledges that construction related to the rerouting of plumbing and installation of new plumbing may require the temporary removal of landscaping, walkways, walls, flooring, and other structural aspects of the building at Property. While City shall restore the interior and exterior of the Property to the condition they were in prior to the Project,Property Owner shall be responsible for any other repair, maintenance, or other work where the need for same is revealed by the removal of walls and floors in order to complete the work contemplated by this Agreement. City shall not be responsible for any repair to structural, electrical,mechanical, or other systems at Property, even if such necessity is revealed by work undertaken pursuant to this Agreement or any other aspect of the Project. F. WAIVER. Property Owner acquits and forever discharges the City of Meridian, its employees,and agents, from any and all claims, actions,causes of action, demands,rights, damages,costs, expenses and additional compensation, including attorney fees,which Property Owner now has or may later realize in relation to any expense of any type related this Agreement or to Project, whether such expense is foreseen, unforeseen, known, or unknown. Except as may be provided in any written warranty provided by the contractor completing the work contemplated by this Agreement, Property Owner shall be solely responsible for any structural,electrical,mechanical, or other malfunction or damage occurring after completion of the work contemplated by this Agreement, and shall not make any claim or demand, or bring any cause of action against City for same. G. INDEMNIFICATION.Property Owner acknowledges that provision of services under this Agreement may carry risks of property damage,property loss, personal injury, illness, and/or death, some of which risks are unknown, and,with that knowledge, Property Owner hereby assumes all such risks and hazards. Property Owner shall indemnify, save, and hold harmless the City and any and all of its employees, agents,volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Property Owner or Property Owner's tenants, agents, employees, guests,and/or business invitees. III. GENERAL PROVISIONS. A. TERM. This Agreement shall become effective on the Effective Date first written above, and shall be effective through the earlier of completion of the Project or September 30, 2024, unless earlier extended or terminated by the Parties. D. RECORDATION. City shall record this Agreement against the Property, at City's cost. C. TERMINATION. If City determines that Property Owner has failed to comply with any tenai or condition of this Agreement,violated any of the covenants, agreements, and/or stipulations of this Agreement; engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have seven(7) days after receipt of such notice to cure the default. If the default is not cured within such period,this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. D. TERMINATION OR RESCISSION BY PROPERTY OWNER.If,prior to initiation of construction as part of Project,Property Owner terminates this Agreement,and/or rescinds Property Owner's acceptance of City's offer to assess and potentially reroute the service line, for any reason, the City shall not be responsible for any costs related to the Project or the Project's impact on Property,other than connecting the Property's existing plumbing to the rehabilitated main when complete. E. CITY NOT RESPONSIBLE FOR OTHER COSTS. Property Owner acknowledges and agrees that except as explicitly stated in this Agreement, the City will not be responsible for any costs Property Owner may incur as a result of or otherwise attributable to the Project,whether such costs are related to known or unknown risks or factors. Specifically, without limitation,City shall not be responsible for any lost business or other revenue during or attributable to the Project,nor for any plumbing- or sewer-related costs following Project completion. F. DAY-TO-DAY COMMUNICATIONS. Communication between Property Owner and City regarding day-to-day matters (e.g.,issues related to construction,property entry, scheduling, etc.)shall occur via e-mail or telephone. City shall provide Property Owner the name, e-mail address, and telephone number of specific City personnel("City Contact")who shall serve as the liaison between City and Property Owner for all day-to-day matters. Property Owner shall provide City the name, e-mail address, and telephone number of the specific person ("Property Owner Contact")who shall serve as the liaison between Property Owner and City for all day-to-day matters. G. ALL OTRER NOTICES. All other notices required to be given by either-of the parties hereto shall be in writing and be deemed communicated when sent via e-mail,personally served, or mailed via United States mail, to the following personnel and address: If to Ci If to Property Owner: City Clerk,City of Meridian Kline David A Trust 33 E. Broadway Ave. 1915 N Amber St Meridian,Idaho 83642 Boise, ID 83706-0000 cityclerk@meridiancity.org Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change, establishing a new address for noticing purposes,in accordance with the requirements of this section. H. 1L.IiVIITATION OF LIABILITY.City is not liable for consequential, indirect, incidental, special, exemplary,punitive, or enhanced damages arising out of or relating to any breach of this Agreement, whether or not such damages are foreseeable or Property Owner was advised of the possibility of such damages,regardless of the legal or equitable theory(contract, tort or otherwise)upon which the claim is based, and notwithstanding the failure of any agreed or other remedy of its essential purpose. This limitation of City's liability shall not apply to (i) liability resulting from City's gross negligence or willful misconduct and(ii) death or bodily injury resulting from City's acts or omissions. I. FORCE MAJEURE.No Party will be liable for failure to perform any duty under this Agreement where such failure is due to or made impracticable by unforeseeable causes beyond the Parties' control and without the fault or negligence of the Parties, including, but not restricted to, acts of God or the public enemy, fire, flood,natural disaster, epidemic, strike, or order of any court or authorized agency. J. BINDING UPON SUCCESSORS. Except as otherwise specifically provided herein,this Agreement shall be binding upon any and all owners of the Property, any and all subsequent owners thereof, and each and every other person acquiring an interest in the Property. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the Property, or any portion thereof, except that any sale or alienation shall occur subject to the provisions of this Agreement, and any successive owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. K. SEVERABILITY. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be excised here from and the invalidity thereof shall not affect any other provision or provisions contained herein. L. T -PARTY BENEFICIARIES. This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person or entity not a party hereto. M. No REAL PROPERTY INTEREST. It is expressly understood that this Easement does not in any way whatsoever grant or convey any permanent easement, lease, fee or other interest in the Property to the City. N. ATTORNEY PEES. Should any litigation be commenced between the Parties concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may be granted, to court costs and reasonable attorney fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter alia, any default, termination,or forfeiture of this Agreement. O. ENTIRE AGREEMENT. This Agreement sets forth all promises, inducements,agreements, conditions, and understandings between City and Property Owner relative to the subject matter hereof, and there are no promises,agreements,conditions,or understandings,either oral or written,express or implied,between City and Property Owner,other than as are stated herein. Except as otherwise specifically provided herein,no subsequent alteration, amendment,change,or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. P. NON-WAIVER. Failure of either Party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any Parry's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after either party becomes entitled to the benefit thereof,notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise,the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. Q. APPLICABLE LAW. The validity, interpretation,performance and enforcement of this Agreement shall be governed by the laws of the State of Idaho, including, without limitation, Article VIII, Section 3,of the Idaho Constitution. Venue shall be in the courts of Ada County, Idaho. R. COMPLIANCE WITH LAWS. Throughout the course of this Agreement,the Parties shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. The City's ordinances appertaining to the regulation, control,and use of its sewer and water systems, and any prospective amendments to and/or recodifications thereof, are specifically and without limitation incorporated into this Agreement as if set forth fully herein. S. ADVICE OF ATTORNEY. Each party warrants and represents that in executing this Agreement, it has received independent legal and financial advice from its attorney and/or financial advisor, or has had adequate opportunity to seek such advice. T. WARRANTY OF AUTHORITY.Each person executing and signatory to this Agreement represents and warrants that the execution, delivery,and performance of this Agreement has been duly authorized by all necessary action of each respective party; that such person is, at the time of execution, duly authorized by the respective Party's governing body to bind such Party in all respects; and acknowledges and agrees that this Agreement is and shall be a valid and binding obligation upon the Parties to this Agreement. U. APPROVAL REQUIRED: This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. PROPERTY OWNER: STATE OF IDAHO ) ss: )U,r, ,r 9 County of _� ) r� I HEREBY CERTIFY that on this 6 day of_ o Signature: 2024,before the undersigned,a Notary Public in the State r,Y�., — - �L-1 , 6 .. of Idaho,rJ�n^�� M. K I'-n personally appeared, Name(printed) proven to me to be the person who executed the said instrument,and acknowledged to me that he executed the same. ° >, V!�_ °°°° IN WITNESS WHEREOF C have hereunto set my hand ...... and affixed my official seal,the day and year in this :-4° certificate first above written. ,•, pIJB�,�"(%,' ° ry Public for Idaho J� '✓s ���J.Gum, ^ °e. -OEa%'���,°°J°° Residing at AeZt Idaho My Commission Expires: CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor 3-26-2024 Chris Johnson, City Clerk 3-26-2024 STATE OF IDAHO ) ):ss County of Ada ) On this 26th day of March , 2024,before me,a Notary Public,personally appeared Robert E.Simison and Chris Johnson,know or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Meridian ,Idaho My Commission Expires: 3-28-2028 ADA COUNTY RECORDER Trent Tripple 2024-015451 BOISE IDAHO Pgs=7 CHE FOWLER 03/27/2024 08:08 AM RECORDING REQUESTED BYAND CITY OF MERIDIAN, IDAHO NO FEE WHEN RECORDED RETURN TO: City Clerk City of Meridian 33 E.Broadway Avenue Meridian,ID 83642 TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR CONNECTION TO SEWER SERVICE: 77 E IDAHO AVE,MERIDIAN,ID 83642-0000 This TEMPORARY CONSTRUCTTON EASEMENT AND AGREEMENT FOR CONNECTION TO SEWER SERVICE ("Agreement") is made this 26thday of March , 2024 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue,Meridian, Idaho ("City"), and NOVEMBREWHISKY PROPERTIES LLC, owner of the property at 77 E IDAHO AVE, Meridian, Idaho ("Property Owner") (collectively, "Parties"). WHEREAS,Property Owner is the owner of the property at 77 E IDAHO AVE, Meridian,Idaho, Ada County parcel no. R5672000260, PAR#0260 NLY POR LTS17-18 BL 2 ("Property"); WHEREAS, the sewer line serving Property is currently located in the alley to the north of the Property; WHEREAS, in Spring 2024,pursuant to its authority under Idaho Code section 50-332, the City of Meridian will begin a public works project that includes installing a new sewer main along E. Idaho Avenue, from Meridian Road to 6th Street ("Project"); WHEREAS, to improve efficiency and long-term viability of sewer service to properties along E. Idaho Avenue from Meridian Road to 6th Street, including the Property,the City has offered to assess the feasibility of rerouting the plumbing serving Property to connect to the new sewer line along E. Idaho Avenue, and, if it is feasible, to cause such work to be completed at the City's expense; and WHEREAS,Property Owner has accepted this offer and wishes to authorize City 1)to initiate the feasibility assessment, and 2) if the City determines that it is feasible,to include in the scope of work for the Project the rerouting of the plumbing serving the building at Property and its connection to the new sewer line; NOW,THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein,the Parties agree as follows: I. COMMITMENTS BY CITY. A. FEASIBILITY ASSESSMENT. Within one hundred and eighty(180) days of execution of this Agreement, City shall conduct an assessment of the structural integrity,plumbing condition, and other factors and risks related to the feasibility of replumbing the building at Property to connect to the new sewer main to be placed in the right-of-way along E. Idaho Avenue. B. IF NOT FEASIBLE.If, in the City's sole discretion,it is not feasible to replumb the building at Property and connect it to the new sewer main to be placed in the right-of-way along E.Idaho Avenue,the City will take no further action with regard to the Property. C. IF FEASIBLE. If, in the City's sole discretion, it is feasible to replumb the building at Property to connect it to the new sewer main to be placed in the right-of-way along E. Idaho Avenue, City shall: 1. Add this work to the scope of work for the Project, and shall complete such work at the City's sole expense. This work shall include restoration of the interior and exterior of the Property to its general pre-Project condition, as nearly as is feasible. 2. Contact Property Owner to provide details regarding scheduling, timeline, and the next steps for completion of this work. 3. Select and hire a licensed plumber to install all related plumbing and infrastructure necessary to connect the building at Property to the new sewer main along E. Idaho Avenue. Such work shall be completed in accordance with the regulations of the Building Services Division of the City of Meridian Community Development Department,the City of Meridian Public Works Department, and any and all other applicable rules or laws. 4. As practicable,provide notice to Property Owner of any need to access the Property and building thereon in order to complete City's obligations under this Agreement. D. PROVISION OF SEWER SERVICES. At all times, City shall provide sewer services to the Subject Property, subject to necessary stoppages due to construction, and all applicable laws and City ordinances. City shall bill Property Owner for sewer usage according to the metering, accounting, and billing system in place under Meridian City Code and the policies and practices of the City of Meridian. II.COMMITMENTS BY PROPERTY OWNER. A. EASEMENT;RIGHT OF ENTRY. Property Owner authorizes the City, its consultants, agents, employees and/or contractors, a temporary easement over and across the Property, and the right to enter the Property and all buildings thereon, in order to complete all necessary work to fulfill City's obligations under this Agreement. City shall have and hold the temporary easement and right of entry until the Project is complete. Property Owner shall notify the occupant(s) of the building located on Property of the terms of this Agreement and instruct such occupant(s)to provide access to City, its consultants, and/or its contractors as necessary to complete the work described by this Agreement. B. NO GUARANTEE. Property Owner acknowledges that City may not elect to reroute the sewer service from the existing main in the alley to the new main in the right-of-way along E. Idaho Street. The City may decline to reroute the plumbing from the building on Property, if such work is not feasible, in City's sole discretion. C. PAYMENT FOR CITY SERVICES. Upon connection to and whenever Property is connected to the City's sewer system, regardless of the location of such connection, Property Owner shall pay to City all applicable fees and costs for services provided, as such fees are calculated and billed by City as set forth herein and established by law or City policy or ordinance. The exclusive remedy for any disputes,objections, or appeals regarding such fees and costs shall be with the Board of Adjustment, under the procedures set forth in Meridian City Code. D. OPERATION AND MAINTENANCE. Upon connection to and at all times Property is connected to the City's sewer system,regardless of the location of such connection,Property Owner shall be solely responsible for any and all costs related to operation and maintenance of all portions and functions of the plumbing between the sewer line and the Property served by the City sewer system. E. ACKNOWLEDGMENT OF SCOPE OF WORK. Property Owner acknowledges that construction related to the rerouting of plumbing and installation of new plumbing may require the temporary removal of landscaping, walkways,walls, flooring, and other structural aspects of the building at Property. While City shall restore the interior and exterior of the Property to the condition they were in prior to the Project, Property Owner shall be responsible for any other repair,maintenance, or other work where the need for same is revealed by the removal of walls and floors in order to complete the work contemplated by this Agreement. City shall not be responsible for any repair to structural, electrical, mechanical, or other systems at Property,even if such necessity is revealed by work undertaken pursuant to this Agreement or any other aspect of the Project. F. WAIVER. Property Owner acquits and forever discharges the City of Meridian,its employees, and agents,from any and all claims, actions, causes of action, demands, rights, damages, costs, expenses and additional compensation, including attorney fees,which Property Owner now has or may later realize in relation to any expense of any type related this Agreement or to Project,whether such expense is foreseen,unforeseen,known,or unknown. Except as may be provided in any written warranty provided by the contractor completing the work contemplated by this Agreement, Property Owner shall be solely responsible for any structural, electrical, mechanical, or other malfunction or damage occurring after completion of the work contemplated by this Agreement, and shall not make any claim or demand, or bring any cause of action against City for same. G. INDEMNIFICATION. Property Owner acknowledges that provision of services under this Agreement may carry risks of property damage,property loss,personal injury,illness, and/or death, some of which risks are unknown, and,with that knowledge,Property Owner hereby assumes all such risks and hazards. Property Owner shall indemnify,save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Property Owner or Property Owner's tenants, agents, employees, guests, and/or business invitees. III.GENERAL PROVISIONS. A. TERM. This Agreement shall become effective on the Effective Date first written above, and shall be effective through the earlier of completion of the Project or September 30, 2024, unless earlier extended or terminated by the Parties. B. RECORDATION. City shall record this Agreement against the Property,at City's cost. C. TERMINATION. If City determines that Property Owner has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement; engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill,its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have seven (7) days after receipt of such notice to cure the default. If the default is not cured within such period,this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. D. TERMINATION OR RESCISSION BY PROPERTY OWNER. If,prior to initiation of construction as part of Project, Property Owner terminates this Agreement, and/or rescinds Property Owner's acceptance of City's offer to assess and potentially reroute the service line, for any reason,the City shall not be responsible for any costs related to the Project or the Project's impact on Property, other than connecting the Property's existing plumbing to the rehabilitated main when complete. E. CITY NOT RESPONSIBLE FOR OTHER COSTS. Property Owner acknowledges and agrees that except as explicitly stated in this Agreement, the City will not be responsible for any costs Property Owner may incur as a result of or otherwise attributable to the Project, whether such costs are related to known or unknown risks or factors. Specifically, without limitation, City shall not be responsible for any lost business or other revenue during or attributable to the Project, nor for any plumbing- or sewer-related costs following Project completion. F. DAY-TO-DAY COMMUNICATIONS. Communication between Property Owner and City regarding day-to-day matters (e.g.,issues related to construction,property entry, scheduling, etc.) shall occur via e-mail or telephone. City shall provide Property Owner the name, e-mail address, and telephone number of specific City personnel ("City Contact")who shall serve as the liaison between City and Property Owner for all day-to-day matters. Property Owner shall provide City the name,e-mail address,and telephone number of the specific person ("Property Owner Contact") who shall serve as the liaison between Property Owner and City for all day-to-day matters. G. ALL OTHER NOTICES. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when sent via e-mail,personally served, or mailed via United States mail, to the following personnel and address: If to Ci : If to Property Owner: City Clerk, City of Meridian NOVEMBREWHISKY 33 E. Broadway Ave. PROPERTIES LLC Meridian, Idaho 83642 140 E IDAHO AVE cityclerk@meridiancity.org MERIDIAN, ID 83642-0000 Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change,establishing a new address for noticing purposes, in accordance with the requirements of this section. H. LIMITATION OF LIABILITY. City is not liable for consequential, indirect, incidental, special, exemplary,punitive, or enhanced damages arising out of or relating to any breach of this Agreement, whether or not such damages are foreseeable or Property Owner was advised of the possibility of such damages,regardless of the legal or equitable theory(contract,tort or otherwise) upon which the claim is based, and notwithstanding the failure of any agreed or other remedy of its essential purpose. This limitation of City's liability shall not apply to (i) liability resulting from City's gross negligence or willful misconduct and (ii) death or bodily injury resulting from City's acts or omissions. I. FORCE MAJEURE.No Party will be liable for failure to perform any duty under this Agreement where such failure is due to or made impracticable by unforeseeable causes beyond the Parties' control and without the fault or negligence of the Parties, including, but not restricted to, acts of God or the public enemy, fire, flood, natural disaster, epidemic, strike, or order of any court or authorized agency. J. BINDING UPON SUCCESSORS. Except as otherwise specifically provided herein, this Agreement shall be binding upon any and all owners of the Property, any and all subsequent owners thereof, and each and every other person acquiring an interest in the Property. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the Property, or any portion thereof, except that any sale or alienation shall occur subject to the provisions of this Agreement, and any successive owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. K. SEVERABILITY. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any other provision or provisions contained herein. L. THIRD-PARTY BENEFICIARIES. This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person or entity not a party hereto. M. NO REAL PROPERTY INTEREST. It is expressly understood that this Easement does not in any way whatsoever grant or convey any permanent easement, lease, fee or other interest in the Property to the City. N. ATTORNEY FEES. Should any litigation be commenced between the Parties concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted,to court costs and reasonable attorney fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter alia, any default,termination,or forfeiture of this Agreement. O. ENTIRE AGREEMENT. This Agreement sets forth all promises, inducements, agreements, conditions, and understandings between City and Property Owner relative to the subject matter hereof,and there are no promises,agreements,conditions,or understandings, either oral or written,express or implied,between City and Property Owner,other than as are stated herein. Except as otherwise specifically provided herein,no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. P. NON-WAIVER. Failure of either Party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any Party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after either party becomes entitled to the benefit thereof,notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise,the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. Q. APPLICABLE LAW. The validity,interpretation,performance and enforcement of this Agreement shall be governed by the laws of the State of Idaho, including, without limitation, Article VIII, Section 3, of the Idaho Constitution. Venue shall be in the courts of Ada County, Idaho. R. COMPLIANCE WITH LAWS. Throughout the course of this Agreement, the Parties shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. The City's ordinances appertaining to the regulation, control, and use of its sewer and water systems, and any prospective amendments to and/or recodifications thereof, are specifically and without limitation incorporated into this Agreement as if set forth fully herein. S. ADVICE OF ATTORNEY. Each party warrants and represents that in executing this Agreement, it has received independent legal and financial advice from its attorney and/or financial advisor, or has had adequate opportunity to seek such advice. T. WARRANTY OF AUTHORITY. Each person executing and signatory to this Agreement represents and warrants that the execution, delivery, and performance of this Agreement has been duly authorized by all necessary action of each respective party;that such person is, at the time of execution, duly authorized by the respective Party's governing body to bind such Party in all respects; and acknowledges and agrees that this Agreement is and shall be a valid and binding obligation upon the Parties to this Agreement. U. APPROVAL REQuIRED: 'this Agreement shall not become effective or binding until approved by the City Council of the City of Meridian. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. PROPERTY OWNER: STATE OF IDAIJO ) C n ) ss: \� County of � ) I HEREBY CERTIFY that on this t�day of mwzk Sig ture: 2024, before the undersned, a Notary Public in he State VAY2 1 17 of Idaho,o4 , tj[Af' _personally appeared, Name (printed) proven to me to be the person who executed the said instrument, and acknowledged to me that he executed the ••....• same. • S A** IN IN WITNESS WNCREOF, I have hereunto set my hand 40 and affixed �? 1� xed my official seal, the day and year in this `lit '}pTAR certificate first above written. • 't1�• •2:;(,nMMIgSION ,.;, No. 20222809 , s �tra�t� �` •; • Notar� lie for I ho •••; • �rL �••.•,�•••• Residing at Idaho_ , My Commission Expires: Gzq-/eqn,�L�s CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor 3-26-2024 Chris Johnson, City Clerk 3-26-2024 STATE OF IDAHO ) ): S5 County of Ada ) On this 26th day of March 2024, before me,a Notary Public, personally appeared Robert E. Simison and Chris Johnson,know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Meridian Idaho My Commission Expires: 3-28-2028 ADA COUNTY RECORDER Trent Tripple 2024-015443 BOISE IDAHO Pgs=7 CHE FOWLER 03/27/2024 08:04 AM CITY OF MERIDIAN, IDAHO NO FEE RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO City Clerk City of Meridian 33 E.Broadway Avenue Meridian,ID 83642 TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR CONNECTION TO SEWER SERVICE: 105 E IDAHO AVE,MERIDIAN,ID 83642-0000 This TEMPORARY CONSTRUCITON EASEMENT AND AGREEMENT FOR CONNECTION TO SEWER SERVICE("Agreement")is made this 26tlJay of March 2024 ("Effective Date"),by and between the City of Meridian,a municipal corporation organized under the laws of the State of Idaho,whose address is 33 East Broadway Avenue,Meridian,Idaho ("City"), and BOANERGES LLC, owner of the property at 105 E IDAHO AVE,Meridian, Idaho ("Property Owner")(collectively,"Parties"). WHEREAS,Property Owner is the owner of the property at 105 E IDAHO AVE, Meridian, Idaho,Ada County parcel no. R5672000680,N 90'OF LOTS 19&20("Property"); WHEREAS,the sewer line serving Property is currently located in the alley to the north of the Property; WHEREAS,in Spring 2024,pursuant to its authority under Idaho Code section 50-332, the City of Meridian will begin a public works project that includes installing a new sewer main along E.Idaho Avenue,from Meridian Road to 6th Street("Project"); WHEREAS,to improve efficiency and long-term viability of sewer service to properties along E. Idaho Avenue from Meridian Road to 6th Street, including the Property, the City has offered to assess the feasibility of rerouting the plumbing serving Property to connect to the new sewer line along E. Idaho Avenue, and,if it is feasible,to cause such work to be completed at the City's expense;and WHEREAS,Property Owner has accepted this offer and wishes to authorize City 1)to initiate the feasibility assessment, and 2)if the City determines that it is feasible,to include in the scope of work for the Project the rerouting of the plumbing serving the building at Property and its connection to the new sewer line; NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained,and in consideration of the recitals above,which are incorporated herein, the Parties agree as follows: I.COMMITMENTS BY CITY. A. FEASIBILITY ASSESSMENT.Within one hundred and eighty(180)days of execution of this Agreement, City shall conduct an assessment of the structural integrity,plumbing condition, and other factors and risks related to the feasibility of replumbing the building at Property to connect to the new sewer main to be placed in the right-of-way along E. Idaho Avenue. B. IF NOT FEASIBLE.If, in the City's sole discretion, it is not feasible to replumb the building at Property and connect it to the new sewer main to be placed in the right-of-way along E. Idaho Avenue,the City will take no further action with regard to the Property. C. IF FEASIBLE.If,in the City's sole discretion, it is feasible to replumb the building at Property to connect it to the new sewer main to be placed in the right-of-way along E.Idaho Avenue, City shall: I. Add this work to the scope of work for the Project,and shall complete such work at the City's sole expense. This work shall include restoration of the interior and exterior of the Property to its general pre-Project condition, as nearly as is feasible. 2. Contact Property Owner to provide details regarding scheduling,timeline,and the next steps for completion of this work. 3. Select and hire a licensed plumber to install all related plumbing and infrastructure necessary to connect the building at Property to the new sewer main along E. Idaho Avenue. Such work shall be completed in accordance with the regulations of the Building Services Division of the City of Meridian Community Development Department,the City of Meridian Public Works Department, and any and all other applicable rules or laws. 4. As practicable,provide notice to Property Owner of any need to access the Property and j building thereon in order to complete City's obligations under this Agreement. D. PROVISION OF SEWER SERVICES. At all times, City shall provide sewer services to the Subject Property, subject to necessary stoppages due to construction,and all applicable laws and City ordinances. City shall bill Property Owner for sewer usage according to the metering,accounting,and billing system in place under Meridian City Code and the policies and practices of the City of Meridian. II.COMARTMENTS BY PROPERTY OWNER. A. EASEMENT;RIGHT OF ENTRY. Property Owner authorizes the City,its consultants, agents, employees and/or contractors, a temporary easement over and across the Property, and the right to enter the Property and all buildings thereon,in order to complete all necessary work to fulfill City's obligations under this Agreement. City shall have and hold the temporary easement and right of entry until the Project is complete. Property Owner shall notify the occupant(s)of the building located on Property of the terms of this Agreement and instruct such occupant(s)to provide access to City, its consultants,and/or its contractors as necessary to complete the work described by this Agreement. B. NO GUARANTEE. Property Owner acknowledges that City may not elect to reroute the sewer service from the existing main in the alley to the new main in the right-of-way along E. Idaho Street. The City may decline to reroute the plumbing from the building on Property, if such work is not feasible,in City's sole discretion. C. PAYMENT FOR CITY SERVICES. Upon connection to and whenever Property is connected to the City's sewer system,regardless of the location of such connection,Property Owner shall pay to City all applicable fees and costs for services provided, as such fees are calculated and billed by City as set forth herein and established by law or City policy or ordinance. The exclusive remedy for any disputes,objections,or appeals regarding such fees and costs shall be with the Board of Adjustment,under the procedures set forth in Meridian City Code. D. OPERATION AND MAINTENANCE. Upon connection to and at all times Property is connected to the City's sewer system,regardless of the location of such connection,Property Owner shall be solely responsible for any and all costs related to operation and maintenance of all portions and functions of the plumbing between the sewer line and the Property served by the City sewer system. E. ACKNOWLEDGMENT OF SCOPE OF WORK. Property Owner acknowledges that construction related to the rerouting of plumbing and installation of new plumbing may require the temporary removal of landscaping,walkways,walls, flooring,and other structural aspects of the building at Property. While City shall restore the interior and exterior of the Property to the condition they were in prior to the Project,Property Owner shall be responsible for any other repair,maintenance, or other work where the need for same is revealed by the removal of walls and floors in order to complete the work contemplated by this Agreement. City shall not be responsible for any repair to structural, electrical, mechanical, or other systems at Property,even if such necessity is revealed by work undertaken pursuant to this Agreement or any other aspect of the Project. F. WAIVER. Property Owner acquits and forever discharges the City of Meridian,its employees,and agents, from any and all claims, actions, causes of action, demands,rights, damages, costs, expenses and additional compensation,including attorney fees,which Property Owner now has or may later realize in relation to any expense of any type related this Agreement or to Project,whether such expense is foreseen,unforeseen,known, or unknown. Except as may be provided in any written warranty provided by the contractor completing the work contemplated by this Agreement, Property Owner shall be solely responsible for any structural, electrical,mechanical, or other malfunction or damage occurring after completion of the work contemplated by this Agreement,and shall not make any claim or demand, or bring any cause of action against City for same. G. INDEMNIFICATION.Property Owner acknowledges that provision of services under this Agreement may carry risks of property damage,property loss,personal injury,illness,and/or death, some of which risks are unknown, and,with that knowledge,Property Owner hereby assumes all such risks and hazards. Property Owner shall indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims,and judgments for damages or injury to persons or property,and from any and all losses and expenses caused or incurred by Property Owner or Property Owner's tenants,agents,employees,guests, and/or business invitees. M.GENERAL PROVISIONS. A. TERM. This Agreement shall become effective on the Effective Date first written above, and shall be effective through the earlier of completion of the Project or September 30,2024, unless earlier extended or terminated by the Parties. B. RECORDATION. City shall record this Agreement against the Property, at City's cost. C. TERMINATION. If City determines that Property Owner has failed to comply with any term or condition of this Agreement,violated any of the covenants,agreements, and/or stipulations of this Agreement; engaged in fraud,dishonesty,or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement;the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate,and shall specify the grounds for termination. The defaulting party shall have seven(7)days after receipt of such notice to cure the default. If the default is not cured within such period,this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. D. TERMINATION OR RESCISSION BY PROPERTY OWNER.If,prior to initiation of construction as part of Project, Property Owner terminates this Agreement,and/or rescinds Property Owner's acceptance of City's offer to assess and potentially reroute the service line,for any reason,the City shall not be responsible for any costs related to the Project or the Project's impact on Property,other than connecting the Property's existing plumbing to the rehabilitated main when complete. E. CITY NOT RESPONSIBLE FOR OTHER COSTS. Property Owner acknowledges and agrees that except as explicitly stated in this Agreement,the City will not be responsible for any costs Property Owner may incur as a result of or otherwise attributable to the Project,whether such costs are related to known or unknown risks or factors. Specifically,without limitation,City shall not be responsible for any lost business or other revenue during or attributable to the Project,nor for any plumbing-or sewer-related costs following Project completion. F. DAY-TO-DAY COMMUNICATIONS. Communication between Property Owner and City regarding day-to-day matters (e.g.,issues related to construction,property entry,scheduling, etc.)shall occur via e-mail or telephone. City shall provide Property Owner the name, e-mail address,and telephone number of specific City personnel ("City Contact")who shall serve as the liaison between City and Property Owner for all day-to-day matters. Property Owner shall provide City the name, e-mail address, and telephone number of the specific person ("Property Owner Contact")who shall serve as the liaison between Property Owner and City for all day-to-day matters. G. ALL OTHER NOTICES. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when sent via e-mail,personally served,or mailed via United States mail,to the following personnel and address: If to Ci : If to PrWgV Owner: City Clerk, City of Meridian BOANERGES LLC 33 E. Broadway Ave. 105 E IDAHO AVE Meridian, Idaho 83642 MERIDIAN,ID 83642-0000 cityclerk@meridiancity.org Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change, establishing a new address for noticing purposes, in accordance with the requirements of this section. H. LE IITATION OF LIABILITY.City is not liable for consequential, indirect,incidental,special, exemplary,punitive,or enhanced damages arising out of or relating to any breach of this Agreement,whether or not such damages are foreseeable or Property Owner was advised of the possibility of such damages, regardless of the legal or equitable theory(contract, tort or otherwise)upon which the claim is based,and notwithstanding the failure of any agreed or other remedy of its essential purpose. This limitation of City's liability shall not apply to(i) liability resulting from City's gross negligence or willful misconduct and(ii) death or bodily injury resulting from City's acts or omissions. I. FORCE MAJEURE.No Party will be liable for failure to perform any duty under this Agreement where such failure is due to or made impracticable by unforeseeable causes beyond the Parties' control and without the fault or negligence of the Parties,including,but not restricted to,acts of God or the public enemy,fire, flood,natural disaster, epidemic, strike,or order of any court or authorized agency. J. BINDING UPON SUCCESSORS. Except as otherwise specifically provided herein,this Agreement shall be binding upon any and all owners of the Property,any and all subsequent owners thereof, and each and every other person acquiring an interest in the Property. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the Property, or any portion thereof, except that any sale or alienation shall occur subject to the provisions of this Agreement, and any successive owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. K. SEVERABILITY. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any other provision or provisions contained herein. L. THIRD-PARTY BENEFICIARIES. This Agreement is not intended to create,nor shall it in any way be interpreted or construed to create,any third-party beneficiary rights in any person or entity not a party hereto. M. NO REAL PROPERTY INTEREST. It is expressly understood that this Easement does not in any way whatsoever grant or convey any permanent easement, lease, fee or other interest in the Property to the City. N. ATTORNEY FEES. Should any litigation be commenced between the Parties concerning this Agreement,the prevailing parry shall be entitled,in addition to any other relief as may be granted,to court costs and reasonable attorney fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter alia,any default, termination, or forfeiture of this Agreement. O. ENTIRE AGREEMENT. This Agreement sets forth all promises,inducements,agreements, conditions,and understandings between City and Property Owner relative to the subject matter hereof, and there are no promises, agreements,conditions, or understandings, either oral or written, express or implied,between City and Property Owner,other than as are stated herein. Except as otherwise specifically provided herein,no subsequent alteration, amendment,change,or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. P. NON-WAIVER. Failure of either Party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any Party's right to thereafter enforce such term,and any right or remedy hereunder may be asserted at any time after either party becomes entitled to the benefit thereof,notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise,the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. Q. APPLICABLE LAW. The validity, interpretation,performance and enforcement of this Agreement shall be governed by the laws of the State of Idaho, including,without limitation, Article VIII,Section 3, of the Idaho Constitution. Venue shall be in the courts of Ada County, Idaho. R. COMPLIANCE WITH LAWS. Throughout the course of this Agreement,the Parties shall comply with all applicable laws,ordinances,and codes of Federal, State,and local governments. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho,and the ordinances of the City of Meridian. The City's ordinances appertaining to the regulation, control, and use of its sewer and water systems, and any prospective amendments to and/or recodifications thereof, are specifically and without limitation incorporated into this Agreement as if set forth fully herein. S. ADVICE OF ATTORNEY. Each party warrants and represents that in executing this Agreement, it has received independent legal and financial advice from its attorney and/or financial advisor, or has had adequate opportunity to seek such advice. T. WARRANTY OF AUTHORITY.Each person executing and signatory to this Agreement represents and warrants that the execution, delivery, and performance of this Agreement has been duly authorized by all necessary action of each respective parry;that such person is, at the time of execution, duly authorized by the respective Party's governing body to bind such Party in all respects; and acknowledges and agrees that this Agreement is and shall be a valid and binding obligation upon the Parties to this Agreement. U. APPROVAL REQUIRED: This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. PROPERTY OWNER: STATE OF IDAHO ) i` County of,N� ) -- I HEREBY CERTIFY that on this day of,. Signature: 2024,before the undersigned,a Notary Public in the State �oytv � of Idaho,_1ktVlnyr p- orfi4kn nersonallyappeared, Name (printed) proven to me to be the person who executed the said instrument,and acknowledged to me that he 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. TAIRIN M WRIGHT COMMISSION#20223396 �Nl �� \ NOTARY PUBLIC STATE OF IDAHO Notary Public for Idaho MY COMMISSION EXPIRES 07/14/2028 Residing at^/Vl r,1it„1:� __Jdaho My Commission Expires: CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor 3-26-2024 Chris Johnson, City Clerk 3-26-2024 STATE OF IDAHO ) ):ss County of Ada ) On this 26thday of March ,2024,before me, a Notary Public,personally appeared Robert E.Simison and Chris Johnson,know or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Meridian ,Idaho My Commission Expires: 3-28-2028 RECORDING REQUESTED BY AND WHEN RECORDEDRETURN TO: City Clerk City of Meridian 33 E. Broadway Avenue Meridian,ID 83642 TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR CONNECTION TO SEWER SERVICE: 113 E IDAHO AVE, MERIDIAN, ID 83642-0000 This TEMPORARY CONSTRUCITON EASEMENT AND AGREEMENT FOR CONNECTION TO SEWER SERVICE ("Agreement") is made this 26thday of March , 2024 ("Effective Date"), by and between the City of Meridian, a municipal corporatiorJ organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho ("City"), and 113 E IDAI IO LLC,owner of the property at 113 E IDAI-10 AVE, Meridian, Idaho ("Property Owner")(collectively,"Parties"). WHEREAS, Property Owner is the owner of the property at 113 E IDAHO AVE, Meridian, Idaho, Ada County parcel no. IZ5672000651, W 1/2 OF LT 14 LTS 15-17 7 E20, ("Property"); WHEREAS, the sewer line serving Property is currently located in the alley to the north of the Property; WHEREAS, in Spring 2024, pursuant to its authority under Idaho Code section 50-332, the City of Meridian will begin a public works project that includes installing a new sewer main along E. Idaho Avenue, from Meridian Road to 6th Street ("Project"); WHEREAS, to improve efficiency and long-term viability of sewer service to properties along E. Idaho Avenue from Meridian Road to 6th Street, including the Property, the City has offered to assess the feasibility of rerouting the plumbing serving Property to connect to the new sewer line along E. Idaho Avenue, and, if it is feasible, to cause such work to be completed at the City's expense;and WHEREAS,Property Owner has accepted this offer and wishes to authorize City 1) to initiate the feasibility assessment, and 2) if the City determines that it is feasible, to include in the scope of work for the Project the rerouting of the plumbing serving the building at Property and its connection to the new sewer line; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein,the Parties agree as follows: I. COMMITMENTS BY CITY. A. FEASIBILITY ASSESSMENT. Within one hundred and eighty(180) days of execution of this Agreement,City shall conduct an assessment of the structural integrity, plumbing condition, and other factors and risks related to the feasibility of repluirnbing the building at Property to connect to the new sewer main to be placed in the right-of-way along E. Idaho Avenue. B. IF NOT FEASIBLE. If, in the City's sole discretion, it is not feasible to repluirnb the building at Property and connect it to the new sewer main to be placed in the right-of-way along E. Idaho Avenue, the City will take no further action with regard to the Property. C. IF FEASIBLE. If, in the City's sole discretion, it is feasible to replumb the building at Property to connect it to the new sewer main to be placed in the right-of-way along E. Idaho Avenue, City shall: 1. Add this work to the scope of work for the Project,and shall complete such work at the City's sole expense. This work shall include restoration of the interior and exterior of the Property to its general pre-Project condition, as nearly as is feasible. 2. Contact Property Owner to provide details regarding scheduling, timeline, and the next steps for completion of this work. 3. Select and hire a licensed plumber to install all related plumbing and infrastructure necessary to connect the building at Property to the new sewer main along E. Idaho Avenue, Such work shall be completed in accordance with the regulations of the Building Services Division of the City of Meridian Community Development Department, the City of Meridian Public Works Department, and any and all other applicable rules or laws. 4. As practicable, provide notice to Property Owner of any need to access the Property and building thereon in order to complete City's obligations under this Agreement. D. PROVISION OF SEWER SERVICES. At all times, City shall provide sewer services to the Subject Property, subject to necessary stoppages due to construction, and all applicable laws and City ordinances. City shall bill Property Owner for sewer usage according to the metering, accounting, and billing system in place under Meridian City Code and the policies and practices of the City of Meridian. II. COMMITMENTS BY PROPERTY OWNER. A. EASEMENT; RIGHT OF ENTRY. Property Owner authorizes the City, its consultants, agents, employees and/or contractors, a temporary easement over and across the Property, and the right to enter the Property and all buildings thereon, in order to complete all necessary work to fulfill City's obligations under this Agreement. City shall have and hold the temporary easement and right of entry until the Project is complete. Property Owner shall notify the occupant(s) of the building located on Property of the terms of this Agreement and instruct such occupant(s) to provide access to City, its consultants, and/or its contractors as necessary to complete the work described by this Agreement. It. No GUARANTEE. Property Owner acknowledges that City may not elect to reroute the sewer service from the existing main in the alley to the new main in the right-of-way along E. Idaho Street. The City may decline to reroute the plumbing from the building on Property, if such work is not feasible, in City's sole discretion. C. PAYMENT FOR CITY SERVICES. Upon connection to and whenever Property is connected to the City's sewer system, regardless of the location of such connection, Property Owner shall pay to City all applicable fees and costs for services provided,as such fees are calculated and billed by City as set forth herein and established by law or City policy or ordinance. The exclusive remedy for any disputes, objections, or appeals regarding such fees and costs shall be with the Board of Adjustment, under the procedures set forth in Meridian City Code, D. OPERATION AND MAINTENANCE. Upon connection to and at all times Property is connected to the City's sewer system, regardless of the location of such connection, Property Owner shall be solely responsible for any and all costs related to operation and maintenance of all portions and functions of the plumbing between the sewer line and the Property served by the City sewer system. E. ACKNOWLEDGMENT OF SCOPE OF WORK. Property Owner acknowledges that construction related to the rerouting of plumbing and installation of new plumbing may require the temporary removal of landscaping,walkways, walls, flooring, and other structural aspects of the building at Property. While City shall restore the interior and exterior of the Property to the condition they were in prior to the Project, Property Owner shall be responsible for any other repair, maintenance, or other work where the need for same is revealed by the removal of walls and floors in order to complete the work contemplated by this Agreement. City shall not be responsible for any repair to structural, electrical, mechanical, or other systems at Property, even if such necessity is revealed by work undertaken pursuant to this Agreement or any other aspect of the Project. F. WAIVER. Property Owner acquits and forever discharges the City of Meridian, its employees, and agents, from any and all claims, actions, causes of action, demands, rights, damages, costs, expenses and additional compensation, including attorney fees, which Property Owner now has or may later realize in relation to any expense of any type related this Agreement or to Project, whether such expense is foreseen, unforeseen, known,or unknown. Except as may be provided in any written warranty provided by the contractor completing the work contemplated by this Agreement, Property Owner shall be solely responsible for any structural, electrical, mechanical,or other malfunction or damage occurring after completion of the work contemplated by this Agreement, and shall not make any claim or demand, or bring any cause of action against City for same. G. INDEMNIFICATION. Property Owner acknowledges that provision of services under this Agreement may carry risks of property damage, property loss, personal injury, illness, and/or death, some of which risks are unknown, and, with that knowledge, Property Owner hereby assumes all such risks and hazards. Property Owner shall indemnify, save, and hold harmless the City and any and all of its employees,agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property,and from any and all losses and expenses caused or incurred by Property Owner or Property Owner's tenants,agents,employees, guests, and/or business invitees. I11.GENERAL PROVISIONS. A. TERM. This Agreement shall become effective on the Effective Date first written above, and shall be effective through the earlier of completion of the Project or September 30,2024, unless earlier extended or terminated by the Parties. B. RECORDATION. City shall record this Agreement against the Property, at City's cost. C. TERMINATION. If City determines that Property Owner has failed to comply with any term or condition of this Agreement,violated any of the covenants,agreements,and/or stipulations of this Agreement; engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have seven (7) days after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. D. TERMINATION OR RESCISSION BY PROPERTY OWNER. If, prior to initiation of construction as part of Project, Property Owner terminates this Agreement, and/or rescinds Property Owner's acceptance of City's offer to assess and potentially reroute the service line, for any reason, the City shall not be responsible for any costs related to the Project or the Project's impact on Property,other than connecting the Property's existing plumbing to the reliabilitate4 main when complete. E. CITY NOT RESPONSIBLE FOR OTHER COSTS. Property Owner acknowledges and agrees that except as explicitly stated in this Agreement, the City will not be responsible for any costs Property Owner may incur as a result of or otherwise attributable to the Project, whether such costs are related to known or unknown risks or factors. Specifically, without limitation, City shall not be responsible for any lost business or other revenue during or attributable to the Project, nor for any plumbing- or sewer-related costs following Project completion. F. DAY-TO-DAY COMMUNICATIONS. Communication between Property Owner and City regarding day-to-day matters (e.g., issues related to construction, property entry, scheduling, etc.) shall occur via e-mail or telephone. City shall provide Property Owner the name,a-mail address,and telephone number of specific City personnel ("City Contact") who shall serve as the liaison between City and Property Owner for all day-to-day matters. Property Owner sliall provide City the name, e-mail address, and telephone number of the specific person ("Property Owner Contact") who shall serve as the liaison between Property Owner and City for all day-to-day matters. G. ALL OTHER NOTICES. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when sent via e-mail, personally served, or mailed via United States mail,to the following personnel and address: If to City If to Property Owner: City Clerk, City of Meridian 113 E IDAf10 LLC 33 E. Broadway Ave. 8312 W NORTHVIEW ST STE 120 Meridian, Idaho 83642 BOISE, ID 83704-0000 cityclerkgmeridiancity.org Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change, establishing a new address for noticing purposes, in accordance with the requirements of this section. H. LIMITATION OF LIABILITV. City is not liable for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages arising out of or relating to any breach of this Agreement,whether or not such damages are foreseeable or Property Owner was advised of the possibility of such damages, regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based, and notwithstanding the failure of any agreed or other remedy of its essential purpose. This limitation of City's liability shall not apply to (i) liability resulting from City's gross negligence or willful misconduct and (ii) death or bodily injury resulting from City's acts or omissions. I. FORCE MAJEURE. No Party will be liable for failure to perform any duty under this Agreement where such failure is due to or made impracticable by unforeseeable causes beyond the Parties' control and without the fault or negligence of the Parties, including,but not restricted to, acts of God or the public enemy, fire, flood, natural disaster, epidemic, strike, or order of any court or authorized agency. J. BINDING UPON SUCCESSORS. Except as otherwise specifically provided herein, this Agreement shall be binding upon any and all owners of the Property, any and all subsequent owners thereof, and each and every other person acquiring an interest in the Property. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the Property, or any portion thereof, except that any sale or alienation shall occur subject to the provisions of this Agreement, and any successive owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. K. SEVERABILITV. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any other provision or provisions contained herein. L. THIRD-PARTY BENEFICIARIES. This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person or entity not a party hereto. M. NO REAL PROPERTY INTEREST. It is expressly understood that this Easement does not in any way whatsoever grant or convey any permanent easement, lease, fee or other interest in the Property to the City. N. ATTORNEY FEES. Should any litigation be commenced between the Parties concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted,to court costs and reasonable attorney fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter cilia, any default, termination, or forfeiture of this Agreement. O. ENTIRE AGREEMENT. ]'his Agreement sets forth all promises, inducements, agreements, conditions,and understandings between City and Property Owner relative to the subject matter hereof, and there are no promises, agreements, conditions, or understandings,either oral or written, express or implied, between City and Property Owner, other than as are stated herein. Except as otherwise specifically provided herein, no subsequent alteration, amend►nent, change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. P. NON-WAIVER. Failure of either Party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any Party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. Q. APPLICABLE LAW. The validity, interpretation, performance and enforcement of this Agreement shall be governed by the laws of the State of Idaho, including, without limitation, Article VIII, Section 3,of the Idaho Constitution. Venue shall be in the courts of Ada County, Idaho. R. COMPLIANCE WITH LAWS. Throughout the course of this Agreement, the Parties shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. The City's ordinances appertaining to the regulation, control, and use of its sewer and water systems, and any prospective amendments to and/or recodifications thereof, are specifically and without limitation incorporated into this Agreement as if set forth fully herein. S. ADVICE OF ATTORNEY. Each party warrants and represents that in executing this Agreement, it has received independent legal and financial advice from its attorney and/or financial advisor, or has had adequate opportunity to seek such advice. T. WARRANTY OF AUTHORITY. Each person executing and signatory to this Agreement represents and warrants that the execution, delivery, and performance of this Agreement has been duly authorized by all necessary action of each respective party; that such person is, at the time of execution, duly authorized by the respective Party's governing body to bind such Party in all respects; and acknowledges and agrees that this Agreement is and shall be a valid and binding obligation upon the Parties to this Agreement. U. APPROVAL REQUIRED: This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date fit written above. PROVER �Y O, NER: STATE OF IDAHO ) ss: /0 County of. I HEREBY CERTIFY that on this L4day of gi at4re. / 2024, before the uniersigged,,a Notary Public in the State of Idaho,!f. i i;:',�1; 1 �' personally appear &, Name (printed) proven to me to be the person N4ho executed the said instrument,and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,the play and year in this LADON certificate first above written. NA N E TJES NOTARY PUBLIC STATE OF IDAHO FMY OMMISSION#202002$9 No A Public f(� I ho MMISSION EXPIRES 1/27/2020 Residing at .,Idaho My Commission Expires: z CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor 3-26-2024 Chris Johnson, City Clerk 3-26-2024 STATE OF IDAH• ) ): ss County of Ada ) On this 26th day of March ,2024, before me,a Notary Public, personally appeared Robert E.Simison and Chris Johnson, know or identified to me to be the Mayor and Clerk,respectively,of the City of Meriiian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixes my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Meridian ,Idaho My Commission Expires: 3-28-2028 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Meridian 33 E.Broadway Avenue Meridian, ID 83642 TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR CONNECTION TO SEWER SERVICE: 114 E IDAHO AVE, MERIDIAN, ID 83642-0000 This TEMPORARY CONSTRUCITON EASEMENT AND AGREEMENT FOR CONNECTION TO SEWER SERVICE ("Agreement') is made this26th day of March , 2024 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue. Meridian, Idaho ("City"), and TRAX HOLDING LLC, owner of the property at 114 E IDAHO AVE, Meridian, Idaho ("Property Owner") (collectively, "Parties"), WHEREAS, Property Owner is the owner of the property at 114 E IDAHO AVE, Meridian, Idaho, Ada County parcel no. R5672000731, LOT 4 BLK 5 ("Property"); WHEREAS, the sewer line serving Property is currently located in the alley to the north of the Property; WHEREAS, in Spring 2024, pursuant to its authority under Idaho Code section 50-332, the City of Meridian will begin a public works project that includes installing a new sewer main along E. Idaho Avenue, from Meridian Road to 6th Street ("Project")-, WHEREAS, to improve efficiency and long-tern viability of sewer service to properties along E. Idaho Avenue from Meridian Road to 6th Street, including the Property, the City has offered to assess the feasibility of rerouting the plumbing serving Property to connect to the new sewer line along E. Idaho Avenue, and, if it is feasible, to cause such work to be completed at the City's expense; and WHEREAS, Property Owner has accepted this offer and wishes to authorize City 1) to initiate the feasibility assessment, and 2) if the City determines that it is feasible,to include in the scope of work for the Project the rerouting of the plumbing serving the building at Property and its connection to the new sewer- line; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual prornises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, the Parties agree as follows: I. COMMITMENTS BY CITY. A. FEASIBILITY ASSESSMENT. Within one hundred and eighty(180) days of execution of this Agreement,City shall conduct an assessment of the structural integrity, plumbing condition, and other factors and risks related to the feasibility of replumbing the building at Property to connect to the new sewer main to be placed in the right-of-way along E. Idaho Avenue. B. IF NOT FEASIBLE. If: in the City's sole discretion, it is not feasible to replumb the building at Property and connect it to the new sewer main to be placed in the right-of-way along E. Idaho Avenue, the City will take no further action with regard to the Property. C. IF FEASIBLE. If; in the City's sole discretion, it is feasible to replumb the building at Property to connect it to the new sewer main to be placed in the right-of-way along E. Idaho Avenue, City shall: 1. Add this work to the scope of work for the Project, and shall complete such work at the City's sole expense. This work shall include restoration of the interior and exterior of the Property to its general pre-Project condition, as nearly as is feasible. 2. Contact Property Owner- to provide details regarding scheduling, timeline, and the next steps for completion of this work. 3. Select and hire a licensed plumber to install all related plumbing and infrastructure necessary to connect the building at Property to the new sewer main along E. Idaho Avenue. Such work shall be completed in accordance with the regulations of the Building Services Division of the City of Meridian Community Development Department,the City of Meridian Public Works Department, and any and all other applicable rules or laws. 4. As practicable, provide notice to Property Owner of any need to access the Property and building thereon in order to complete City's obligations under this Agreement. D. PROVISION OF SEWER SERVICES. At all times, City shall provide sewer services to the Subject Property, subject to necessary stoppages due to construction, and all applicable laws and City ordinances. City shall bill Property Owner for sewer usage according to the metering, accounting, and billing system in place under Meridian City Code and the policies and practices of the City of Meridian. II. CONIMITNIENTS BY PROPERTY OWNER. A. EASEMENT; RIGHT OF ENTRY. Property Owner authorizes the City, its consultants, agents, employees and/or contractors, a temporary easement over and across the Property, and the right to enter the Property and all buildings thereon, in order to complete all necessary work to fulfill City's obligations under this Agreement. City shall have and hold the temporary easement and right of entry until the Project is complete. Property Owner shall notify the occupant(s) of the building located on Property of the terms of this Agreement and instruct such occupant(s) to provide access to City, its consultants, and/or its contractors as necessary to complete the work described by this Agreement. B. NO GUARANTEE. Property Owner acknowledges that City may not elect to reroute the sewer service frorn the existing main in the alley to the new main in the right-of-way along E. Idaho Street. The City may decline to reroute the plumbing from the building on Property, if such work is not feasible, in City's sole discretion. C. PAYMENT FOR CITY SERVICES. Upon connection to and whenever Property is connected to the City's sewer system, regardless of the location of such connection, Property Owner shall pay to City all applicable fees and costs for services provided, as such fees are calculated and billed by City as set forth herein and established by law or City policy or ordinance. The exclusive remedy for any disputes,objections,or appeals regarding such fees and costs shall be with the Board of Adjustment,under the procedures set forth in Meridian City Code. D. OPERATION AND MAINTENANCE. Upon connection to and at all times Property is connected to the City's sewer system, regardless of the location of such connection, Property Owner shall be solely responsible for any and all costs related to operation and maintenance of all portions and functions of the plumbing between the sewer line and the Property served by the City sewer system. E. ACKNOWLEDGMENT OF SCOPE OF WORK. Property Owner acknowledges that construction related to the rerouting of plumbing and installation of new plumbing may require the temporary removal of landscaping, walkways, walls, flooring, and other structural aspects of the building at Property. While City shall restore the interior and exterior of the Property to the condition they were in prior to the Project, Property Owner shall be responsible for any other repair, maintenance, or other work where the need for same is revealed by the removal of walls and floors in order to complete the work contemplated by this Agreement. City shall not be responsible for any repair to structural, electrical, mechanical, or other systems at Property, even if such necessity is revealed by work undertaken pursuant to this Agreement or any other aspect of the Project. F. WAIVER. Property Owner acquits and forever discharges the City of Meridian, its employees, and agents, from any and all clairns, actions, causes of action, dernands, rights, darnages, costs, expenses and additional compensation, including attorney fees, which Property Owner now has or may later realize in relation to any expense of any type related this Agreement or to Project, whether such expense is foreseen, unforeseen, known, or unknown. Except as may be provided in any written warranty provided by the contractor completing the work contemplated by this Agreement, Property Owner shall be solely responsible for any structural, electrical, mechanical, or other malfunction or damage occurring after completion of the work contemplated by this Agreement, and shall not make any clairn or dernand, or bring any cause of action against City for sarne. G. INDEMNIFICATION. Property Owner acknowledges that provision of services under this Agreement may carry risks of property damage, property loss, personal injury, illness, and/or death, sorne of which risks are unknown, and, with that knowledge, Property Owner hereby assurnes all such risks and hazards. Property Owner shall indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials frorn any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Property Owner or Property Owner's tenants, agents, employees, guests, and/or business invitees. III. GENERAL PROVISIONS. A. TERM. This Agreement shall become effective on the Effective Date first written above, and shall be effective through the earlier of completion of the Project or September 30, 2024, unless earlier extended or terminated by the Parties. B. RECORDATION. City shall record this Agreement against the Property, at City's cost. C. TERMINATION. If City deterinines that Property Owner has failed to comply with any terin or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement; engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under-this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have seven(7)days after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terininating party. D. TERMINATION OR RESCISSION BY PROPERTY OWNER. If, prior to initiation of construction as part of Project, Property Owner terminates this Agreement, and/or rescinds Property Owner's acceptance of City's offer to assess and potentially reroute the service line, for any reason, the City shall not be responsible for any costs related to the Project or the Project's impact on Property, other than connecting the Property's existing plumbing to the rehabilitated main when complete. E. CITY NOT RESPONSIBLE FOR OTHER COSTS. Property Owner acknowledges and agrees that except as explicitly stated in this Agreement, the City will not be responsible for any costs Property Owner may incur as a result of or otherwise attributable to the Project, whether-such costs are related to known or unknown risks or factors. Specifically, without limitation, City shall not be responsible for any lost business or other revenue during or attributable to the Project, nor f'or any plumbing- or sewer-related costs following Project completion. F. DAY-TO-DAY CONINIUNICATIONS. Communication between Property Owner and City regarding day-to-day matters(e.g., issues related to construction, property entry, scheduling, etc.) shall occur via e-mail or telephone. City shall provide Property Owner the name, e-mail address, and telephone number of specific City personnel ("City Contact'') who shall serve as the liaison between City and Property Owner for all day-to-day matters. Property Owner shall provide City the name, a-mail address, and telephone number of the specific person ("Property Owner Contact") who shall serve as the liaison between Property Owner and City for all day-to-day matters. G. ALL OTHER NOTICES. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when sent via e-mail, personally served, or mailed via United States rnail, to the following personnel and address: If to City. If to Propert Owner: City Clerk, City of Meridian TRAX HOLDING LLC 33 E. Broadway Ave. 877 W MAIN ST STE 700 Meridian, Idaho 83642 BOISE, ID 83702-0000 cityclerk@meridiancity.org Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change, establishing a new address f'or noticing purposes, in accordance with the requirements of this section. H. LIMITATION OF LIABILITY. City is not liable for consequential, indirect, incidental, special, exemplary, punitive, or enhanced darnages arising out of or relating to any breach of this Agreement, whether or not such damages are foreseeable or Property Owner was advised of the possibility of such darnages, regardless of the legal or equitable theory (contract, tort or otherwise) upon which the clairn is based, and notwithstanding the failure of any agreed or other remedy of its essential purpose. This limitation of City's liability shall not apply to (1) liability resulting fiorn City's gross negligence or willful misconduct and (ii)death or bodily injury resulting from City's acts or omissions. I. FORCE MAJEURE.No Party will be liable for failure to perform any duty under this Agreement where such failure is due to or made impracticable by unforeseeable causes beyond the Parties' control and without the fault or negligence of the Parties, including, but not restricted to, acts of God or the public enerny, fire, flood, natural disaster, epidermic, strike, or order of any court or authorized agency. J. BINDING UPON SUCCESSORS. Except as otherwise specifically provided herein, this Agreement shall be binding upon any and all owners of the Property, any and all subsequent owners thereof, and each and every other person acquiring an interest in the Property. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the Property, or any portion thereof, except that any sale or alienation shall occur subject to the provisions of this Agreement, and any successive owner- or owners shall be both benefited and bound by the conditions and restrictions herein expressed. K. SEVERABILITV. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deerned to be excised herefiorn and the invalidity thereof shall not affect any other provision or provisions contained herein. L. THIRD-PARTY BENEFICIARIES. This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person or entity not a party hereto. M. NO REAL PROPERTY INTEREST. It is expressly understood that this Easement does not in any way whatsoever grant or convey any permanent easement, lease, fee or other interest in the Property to the City. N. ATTORNEY FEES. Should any litigation be commenced between the Parties concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter Mitt, any default, termination, or forfeiture of this Agreement. O. ENTIRE AGREEMENT. This Agreement sets forth all promises, inducements, agreements, conditions, and understandings between City and Property Owner relative to the subject matter hereof, and there are no promises, agreements, conditions, or understandings, either oral or written, express or implied, between City and Property Owner, other than as are stated herein. Except as otherwise specifically provided herein, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Patties unless set forth in writing and duly executed by both Parties or their successors in interest. P. NON-WAIVER. Failure of either Party to promptly enforce the strict performance of any tern of this Agreement shall not constitute a waives-or relinquishment of any Party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after either patty becomes entitled to the benefit thereof, notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. Q. APPLICABLE LAW. The validity, interpretation, performance and enforcement of this Agreement shall be governed by the laws of the State of Idaho, including, without limitation, Article VIII, Section 3, of the Idaho Constitution. Venue shall be in the courts of Ada County, Idaho. R. COMPLIANCE WITH LAWS. Throughout the course of this Agreement, the Parties shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. The City's ordinances appertaining to the regulation, control, and use of its sewer and water systems, and any prospective amendments to and/or recodifications thereof, are specifically and without limitation incorporated into this Agreement as if set forth fully herein. S. ADVICE OF ATTORNEY. Each patty warrants and represents that in executing this Agreement, it has received independent legal and financial advice from its attorney and/or financial advisor,or has had adequate opportunity to seek such advice. T. WARRANTY OF AUTHORITY. Each person executing and signatory to this Agreement represents and warrants that the execution, delivery, and performance of this Agreement has been duly authorized by all necessary action of each respective party; that such person is, at the time of execution, duly authorized by the respective Party's governing body to bind such Party in all respects; and acknowledges and agrees that this Agreement is and shall be a valid and binding obligation upon the Parties to this Agreement. U. APPROVAL REQUIRED: This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. PROPERTY OWNER: STATE OF IDAHO ) _ ) ss: / County Of. ) I HEREBY CERTIFY that on this 5 d y of yi igna re: 2024,before the undersigned, a Notary Public in the State Gj of Idaho,_� L _personally appeared, Nan (printed) proven to ine t6 be the person o executed the said instillment,and acknowledged to me that he executed the 0—u hffrl 4&V-4• same, IN WITNESS WHEREOF, I have hereunto set my hand I �p.,n�.e�,q and affixed my official seal, the day and year in this �Oa� 30 ,++++ certificate first above written. 10 Go �ti�t�gn Jam': c� �''I vb�011 o�•'Z : o ry Public for Idaho J��.Jd•.Opc `o�• ,`�': IAA �•.;z'°N.•'���.� Residing at , Idaho .feel• +++, O0 11g1`•j}`+, My Commission Expires: CITY OF MERIDIAN: Attest: Robert E. Sitnison, Mayor 3-26-2024 Chris Johnson, City Clerk 3-26-2024 STATE OF IDAHO ) ):ss County of Ada ) On this 26th day of March 2024,before me,a Notary Public,personally appeared Robert E. Simison and Chris Johnson,know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Meridian Idaho My Commission Expires: _ 3-28-2028 ADA COUNTY RECORDER Trent Tripple 2024-015444 BOISE IDAHO Pgs=7 CHE FOWLER 03/27/2024 08:04 AM CITY OF MERIDIAN, IDAHO NO FEE RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: City Clerk City of Meridian 33 E.Broadway Avenue Meridian,1D 83642 TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR CONNECTION TO SEWER SERVICE: 118 E IDAHO AVE,MERIDIAN, ID 83642-0000 This TEMPORARY CONSTRUCITON EASEMENT AND AGREEMENT FOR CONNECTION TO SEWER SERVICE ("Agreement") is made this 26th day of March , 2024 ("Effective Date"),by and between the City of Meridian,a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho ("City"), and HAMILTON JENNIFER E, owner of the property at 118 E IDAHO AVE, Meridian, Idaho ("Property Owner") (collectively, "Parties"). WHEREAS,Property Owner is the owner of the property at 118 E IDAHO AVE, Meridian, Idaho, Ada County parcel no. R5672000735, LOT 5 BLK 5 ("Property"); WHEREAS, the sewer line serving Property is currently located in the alley to the north of the Property; WHEREAS, in Spring 2024,pursuant to its authority under Idaho Code section 50-332, the City of Meridian will begin a public works project that includes installing a new sewer main along E. Idaho Avenue, from Meridian Road to 6th Street("Project"); WHEREAS,to improve efficiency and long-term viability of sewer service to properties along E. Idaho Avenue from Meridian Road to 6th Street, including the Property, the City has offered to assess the feasibility of rerouting the plumbing serving Property to connect to the new sewer line along E. Idaho Avenue, and, if it is feasible,to cause such work to be completed at the City's expense; and WHEREAS,Property Owner has accepted this offer and wishes to authorize City 1)to initiate the feasibility assessment, and 2)if the City determines that it is feasible,to include in the scope of work for the Project the rerouting of the plumbing serving the building at Property and its connection to the new sewer line; NOW,THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, the Parties agree as follows: I.COMMITMENTS BY CITY. A. FEASIBILITY ASSESSMENT.Within one hundred and eighty(180) days of execution of this Agreement, City shall conduct an assessment of the structural integrity,plumbing condition, and other factors and risks related to the feasibility of replumbing the building at Property to connect to the new sewer main to be placed in the right-of-way along E. Idaho Avenue. B. IF NOT FEASIBLE.If, in the City's sole discretion, it is not feasible to replumb the building at Property and connect it to the new sewer main to be placed in the right-of-way along E. Idaho Avenue,the City will take no further action with regard to the Property. C. IF FEASIBLE.If, in the City's sole discretion, it is feasible to replumb the building at Property to connect it to the new sewer main to be placed in the right-of-way along E. Idaho Avenue, City shall: 1. Add this work to the scope of work for the Project, and shall complete such work at the City's sole expense. This work shall include restoration of the interior and exterior of the Property to its general pre-Project condition, as nearly as is feasible. 2. Contact Property Owner to provide details regarding scheduling,timeline, and the next steps for completion of this work. 3. Select and hire a licensed plumber to install all related plumbing and infrastructure necessary to connect the building at Property to the new sewer main along E. Idaho Avenue. Such work shall be completed in accordance with the regulations of the Building Services Division of the City of Meridian Community Development Department, the City of Meridian Public Works Department, and any and all other applicable rules or laws. 4. As practicable,provide notice to Property Owner of any need to access the Property and building thereon in order to complete City's obligations under this Agreement. D. PROVISION OF SEWER SERVICES. At all times, City shall provide sewer services to the Subject Property, subject to necessary stoppages due to construction, and all applicable laws and City ordinances. City shall bill Property Owner for sewer usage according to the metering,accounting, and billing system in place under Meridian City Code and the policies and practices of the City of Meridian. II.COMMITMENTS BY PROPERTY OWNER. A. EASEMENT;RIGHT OF ENTRY. Property Owner authorizes the City, its consultants, agents, employees and/or contractors, a temporary easement over and across the Property, and the right to enter the Property and all buildings thereon, in order to complete all necessary work to fulfill City's obligations under this Agreement. City shall have and hold the temporary easement and right of entry until the Project is complete. Property Owner shall notify the occupant(s) of the building located on Property of the terms of this Agreement and instruct such occupant(s)to provide access to City, its consultants, and/or its contractors as necessary to complete the work described by this Agreement. B. NO GUARANTEE. Property Owner acknowledges that City may not elect to reroute the sewer service from the existing main in the alley to the new main in the right-of-way along E. Idaho Street. The City may decline to reroute the plumbing from the building on Property, if such work is not feasible, in City's sole discretion. C. PAYMENT FOR CITY SERVICES. Upon connection to and whenever Property is connected to the City's sewer system,regardless of the location of such connection,Property Owner shall pay to City all applicable fees and costs for services provided,as such fees are calculated and billed by City as set forth herein and established by law or City policy or ordinance. The exclusive remedy for any disputes, objections, or appeals regarding such fees and costs shall be with the Board of Adjustment, under the procedures set forth in Meridian City Code. D. OPERATION AND MAINTENANCE. Upon connection to and at all times Property is connected to the City's sewer system, regardless of the location of such connection, Property Owner shall be solely responsible for any and all costs related to operation and maintenance of all portions and functions of the plumbing between the sewer line and the Property served by the City sewer system. E. ACKNOWLEDGMENT OF SCOPE OF WORK. Property Owner acknowledges that construction related to the rerouting of plumbing and installation of new plumbing may require the temporary removal of landscaping, walkways, walls, flooring, and other structural aspects of the building at Property. While City shall restore the interior and exterior of the Property to the condition they were in prior to the Project,Property Owner shall be responsible for any other repair, maintenance, or other work where the need for same is revealed by the removal of walls and floors in order to complete the work contemplated by this Agreement. City shall not be responsible for any repair to structural, electrical,mechanical,or other systems at Property, even if such necessity is revealed by work undertaken pursuant to this Agreement or any other aspect of the Project. F. WAIVER. Property Owner acquits and forever discharges the City of Meridian, its employees, and agents, from any and all claims, actions, causes of action, demands, rights, damages,costs, expenses and additional compensation, including attorney fees, which Property Owner now has or may later realize in relation to any expense of any type related this Agreement or to Project, whether such expense is foreseen, unforeseen, known,or unknown. Except as may be provided in any written warranty provided by the contractor completing the work contemplated by this Agreement, Property Owner shall be solely responsible for any structural, electrical,mechanical, or other malfunction or damage occurring after completion of the work contemplated by this Agreement, and shall not make any claim or demand, or bring any cause of action against City for same. G. INDEMNIFICATION. Property Owner acknowledges that provision of services under this Agreement may carry risks of property damage, property loss,personal injury, illness, and/or death, some of which risks are unknown, and, with that knowledge, Property Owner hereby assumes all such risks and hazards. Property Owner shall indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Property Owner or Property Owner's tenants, agents, employees, guests, and/or business invitees. III.GENERAL PROVISIONS. A. TERM. This Agreement shall become effective on the Effective Date first written above, and shall be effective through the earlier of completion of the Project or September 30, 2024, unless earlier extended or terminated by the Parties. B. RECORDATION. City shall record this Agreement against the Property, at City's cost. C. TERMINATION. If City determines that Property Owner has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement; engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement;the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting parry shall have seven(7) days after receipt of such notice to cure the default. If the default is not cured within such period,this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. D. TERMINATION OR RESCISSION BY PROPERTY OWNER. If,prior to initiation of construction as part of Project, Property Owner terminates this Agreement, and/or rescinds Property Owner's acceptance of City's offer to assess and potentially reroute the service line, for any reason,the City shall not be responsible for any costs related to the Project or the Project's impact on Property, other than connecting the Property's existing plumbing to the rehabilitated main when complete. E. CITY NOT RESPONSIBLE FOR OTHER COSTS. Property Owner acknowledges and agrees that except as explicitly stated in this Agreement,the City will not be responsible for any costs Property Owner may incur as a result of or otherwise attributable to the Project, whether such costs are related to known or unknown risks or factors. Specifically,without limitation,City shall not be responsible for any lost business or other revenue during or attributable to the Project,nor for any plumbing- or sewer-related costs following Project completion. F. DAY-TO-DAY COMMUNICATIONS. Communication between Property Owner and City regarding day-to-day matters(e.g., issues related to construction,property entry, scheduling, etc.) shall occur via e-mail or telephone. City shall provide Property Owner the name, e-mail address, and telephone number of specific City personnel ("City Contact") who shall serve as the liaison between City and Property Owner for all day-to-day matters. Property Owner shall provide City the name, e-mail address, and telephone number of the specific person ("Property Owner Contact") who shall serve as the liaison between Property Owner and City for all day-to-day matters. G. ALL OTHER NOTICES. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when sent via e-mail,personally served, or mailed via United States mail, to the following personnel and address: If to City: If to Property Owner: City Clerk, City of Meridian HAMILTON JENNIFER E 33 E. Broadway Ave. 118 E IDAHO AVE Meridian,Idaho 83642 MERIDIAN,ID 83642-0000 cityclerk@meridiancity.org Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change, establishing a new address for noticing purposes, in accordance with the requirements of this section. H. LIMITATION OF LIABILITY. City is not liable for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages arising out of or relating to any breach of this Agreement, whether or not such damages are foreseeable or Property Owner was advised of the possibility of such damages,regardless of the legal or equitable theory(contract,tort or otherwise)upon which the claim is based, and notwithstanding the failure of any agreed or other remedy of its essential purpose. This limitation of City's liability shall not apply to(i) liability resulting from City's gross negligence or willful misconduct and(ii) death or bodily injury resulting from City's acts or omissions. I. FORCE MAJEURE.No Party will be liable for failure to perform any duty under this Agreement where such failure is due to or made impracticable by unforeseeable causes beyond the Parties' control and without the fault or negligence of the Parties, including, but not restricted to, acts of God or the public enemy, fire, flood, natural disaster, epidemic, strike, or order of any court or authorized agency. J. BINDING UPON SUCCESSORS. Except as otherwise specifically provided herein, this Agreement shall be binding upon any and all owners of the Property, any and all subsequent owners thereof, and each and every other person acquiring an interest in the Property. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the Property, or any portion thereof, except that any sale or alienation shall occur subject to the provisions of this Agreement, and any successive owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. K. SEVERABILITY. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any other provision or provisions contained herein. L. THIRD-PARTY BENEFICIARIES. This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person or entity not a party hereto. M. NO REAL PROPERTY INTEREST. It is expressly understood that this Easement does not in any way whatsoever grant or convey any permanent easement, lease, fee or other interest in the Property to the City. N. ATTORNEY FEES. Should any litigation be commenced between the Parties concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter alia, any default,termination, or forfeiture of this Agreement. O. ENTIRE AGREEMENT. This Agreement sets forth all promises,inducements,agreements, conditions,and understandings between City and Property Owner relative to the subject matter hereof, and there are no promises, agreements,conditions, or understandings,either oral or written,express or implied,between City and Property Owner, other than as are stated herein. Except as otherwise specifically provided herein,no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. P. NON-WAIVER. Failure of either Party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any Parry's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after either parry becomes entitled to the benefit thereof,notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise,the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. Q. APPLICABLE LAW. The validity, interpretation,performance and enforcement of this Agreement shall be governed by the laws of the State of Idaho, including,without limitation, Article VIII, Section 3, of the Idaho Constitution. Venue shall be in the courts of Ada County, Idaho. R. COMPLIANCE WITH LAWS. Throughout the course of this Agreement,the Parties shall comply with all applicable laws,ordinances,and codes of Federal, State, and local governments. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. The City's ordinances appertaining to the regulation, control, and use of its sewer and water systems, and any prospective amendments to and/or recodifications thereof, are specifically and without limitation incorporated into this Agreement as if set forth fully herein. S. ADVICE OF ATTORNEY. Each party warrants and represents that in executing this Agreement, it has received independent legal and financial advice from its attorney and/or financial advisor, or has had adequate opportunity to seek such advice. T. WARRANTY OF AUTHORITY. Each person executing and signatory to this Agreement represents and warrants that the execution, delivery, and performance of this Agreement has been duly authorized by all necessary action of each respective party;that such person is, at the time of execution, duly authorized by the respective Party's governing body to bind such Party in all respects; and acknowledges and agrees that this Agreement is and shall be a valid and binding obligation upon the Parties to this Agreement. U. APPROVAL REQUIRED: This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. PROPERTY OWNER: STATE OF IDAHO ) ss: County of_"O—, — ) -- I HEREBY CERTIFY that on this day of Si I tut : 2024, before the undersigned,a NQtary Public in the State V of Idaho, C�Qy�1�j�nlj ersonally appeared, Name (printed) proven to me to be the person who ex cuted the said instrument, and acknowledged to me that he executed the same. •••.•• •.,••• IN WITNESS WHEREOF, I have hereunto set my hand • ��___ , and affixed my official seal,the day and year in this T • certificate first above written. W"Cn114MIR.SION'1m No. 202224I0fI „�, Pu�roraho- 0a.; ()fr` �l��•• Residing at` Qr' -, Idaho •�.M..•• My Commission Expires: CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor 3-26-2024 Chris Johnson, City Clerk 3-26-2024 STATE OF IDAHO ) ): ss County of Ada ) On this 26th day of March ,2024,before me,a Notary Public,personally appeared Robert E.Simison and Chris Johnson, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Meridian , Idaho My Commission Expires: 3-28-2028 ADA COUNTY RECORDER Trent Tripple 2024-015445 BOISE IDAHO Pgs=7 CHE FOWLER 03/27/2024 08:04 AM RECORDING REQUESTED BY AND CITY OF MERIDIAN, IDAHO NO FEE WHEN RECORDED RETURN TO: City Clerk City of Meridian 33 E.Broadway Avenue Meridian,ID 83642 TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR CONNECTION TO SEWER SERVICE: 124 E IDAHO AVE,MERIDIAN,ID 83642-0000 This TEMPORARY CONSTRUCITON EASEMENT AND AGREEMENT FOR CONNECTION TO SEWER SERVICE ("Agreement") is made this 26th day of March 2024("Effective Date"),by and between the City of Meridian,a municipal corporation organized under the laws of the State of Idaho,whose address is 33 East Broadway Avenue, Meridian,Idaho ("City"), and PONCE MICHAEL A, owner of the property at 124 E IDAHO AVE, Meridian, Idaho("Property Owner') (collectively, "Parties"). WHEREAS,Property Owner is the owner of the property at 124 E IDAHO AVE, Meridian, Idaho,Ada County parcel no. R5672000742, LOT 6 BLK 5 ("Property"); WHEREAS,the sewer line serving Property is currently located in the alley to the north of the Property; WHEREAS, in Spring 2024,pursuant to its authority under Idaho Code section 50-332, the City of Meridian will begin a public works project that includes installing a new sewer main along E. Idaho Avenue,from Meridian Road to 6th Street("Project"); WHEREAS,to improve efficiency and long-term viability of sewer service to properties along E. Idaho Avenue from Meridian Road to 6th Street, including the Property,the City has offered to assess the feasibility of rerouting the plumbing serving Property to connect to the new sewer line along E. Idaho Avenue, and, if it is feasible,to cause such work to be completed at the City's expense;and WHEREAS,Property Owner has accepted this offer and wishes to authorize City 1)to initiate the feasibility assessment, and 2) if the City determines that it is feasible,to include in the scope of work for the Project the rerouting of the plumbing serving the building at Property and its connection to the new sewer line; NOW,THEREFORE, for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained,and in consideration of the recitals above, which are incorporated herein, the Parties agree as follows: i I. COMMITMENTS BY CITY. A. FEASIBILITY ASSESSMENT. Within one hundred and eighty(180) days of execution of this Agreement, City shall conduct an assessment of the structural integrity,plumbing condition, and other factors and risks related to the feasibility of replumbing the building at Property to connect to the new sewer main to be placed in the right-of-way along E. Idaho Avenue. B. IF NOT FEASIBLE. If, in the City's sole discretion, it is not feasible to replumb the building at Property and connect it to the new sewer main to be placed in the right-of-way along E. Idaho Avenue,the City will take no further action with regard to the Property. C. IF FEASIBLE. If,in the City's sole discretion, it is feasible to replumb the building at Property to connect it to the new sewer main to be placed in the right-of-way along E. Idaho Avenue, City shall: 1. Add this work to the scope of work for the Project, and shall complete such work at the City's sole expense. This work shall include restoration of the interior and exterior of the Property to its general pre-Project condition, as nearly as is feasible. 2. Contact Property Owner to provide details regarding scheduling,timeline, and the next steps for completion of this work. 3. Select and hire a licensed plumber to install all related plumbing and infrastructure necessary to connect the building at Property to the new sewer main along E. Idaho Avenue. Such work shall be completed in accordance with the regulations of the Building Services Division of the City of Meridian Community Development Department, the City of Meridian Public Works Department, and any and all other applicable rules or laws. 4. As practicable,provide notice to Property Owner of any need to access the Property and building thereon in order to complete City's obligations under this Agreement. D. PROVISION OF SEWER SERVICES. At all times, City shall provide sewer services to the Subject Property, subject to necessary stoppages due to construction,and all applicable laws and City ordinances. City shall bill Property Owner for sewer usage according to the metering, accounting, and billing system in place under Meridian City Code and the policies and practices of the City of Meridian. II.COMMITMENTS BY PROPERTY OWNER. A. EASEMENT;RIGHT OF ENTRY. Property Owner authorizes the City, its consultants, agents, employees and/or contractors, a temporary easement over and across the Property, and the right to enter the Property and all buildings thereon, in order to complete all necessary work to fulfill City's obligations under this Agreement. City shall have and hold the temporary easement and right of entry until the Project is complete. Property Owner shall notify the occupant(s)of the building located on Property of the terms of this Agreement and instruct such occupant(s)to provide access to City, its consultants, and/or its contractors as necessary to complete the work described by this Agreement. B. No GUARANTEE. Property Owner acknowledges that City may not elect to reroute the sewer service from the existing main in the alley to the new main in the right-of-way along E. Idaho Street. The City may decline to reroute the plumbing from the building on Property, if such work is not feasible, in City's sole discretion. C. PAYMENT FOR CITY SERVICES. Upon connection to and whenever Property is connected to the City's sewer system, regardless of the location of such connection,Property Owner shall pay to City all applicable fees and costs for services provided, as such fees are calculated and billed by City as set forth herein and established by law or City policy or ordinance. The exclusive remedy for any disputes,objections, or appeals regarding such fees and costs shall be with the Board of Adjustment, under the procedures set forth in Meridian City Code. D. OPERATION AND MAINTENANCE. Upon connection to and at all times Property is connected to the City's sewer system, regardless of the location of such connection,Property Owner shall be solely responsible for any and all costs related to operation and maintenance of all portions and functions of the plumbing between the sewer line and the Property served by the City sewer system. E. ACKNOWLEDGMENT OF SCOPE OF WORK. Property Owner acknowledges that construction related to the rerouting of plumbing and installation of new plumbing may require the temporary removal of landscaping,walkways, walls, flooring, and other structural aspects of the building at Property. While City shall restore the interior and exterior of the Property to the condition they were in prior to the Project, Property Owner shall be responsible for any other repair, maintenance, or other work where the need for same is revealed by the removal of walls and floors in order to complete the work contemplated by this Agreement. City shall not be responsible for any repair to structural, electrical, mechanical, or other systems at Property, even if such necessity is revealed by work undertaken pursuant to this Agreement or any other aspect of the Project. F. WAIVER. Property Owner acquits and forever discharges the City of Meridian, its employees, and agents, from any and all claims, actions, causes of action, demands, rights, damages, costs, expenses and additional compensation, including attorney fees, which Property Owner now has or may later realize in relation to any expense of any type related this Agreement or to Project, whether such expense is foreseen, unforeseen, known, or unknown. Except as may be provided in any written warranty provided by the contractor completing the work contemplated by this Agreement, Property Owner shall be solely responsible for any structural, electrical, mechanical, or other malfunction or damage occurring after completion of the work contemplated by this Agreement,and shall not make any claim or demand, or bring any cause of action against City for same. G. INDEMNIFICATION. Property Owner acknowledges that provision of services under this Agreement may carry risks of property damage, property loss, personal injury, illness, and/or death, some of which risks are unknown, and, with that knowledge, Property Owner hereby assumes all such risks and hazards. Property Owner shall indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Property Owner or Property Owner's tenants, agents, employees, guests, and/or business invitees. III.GENERAL.PROVISIONS.. A. TERM. This Agreement shall become effective on the Effective Date first written above, and shall be effective through the earlier of completion of the Project or September 30, 2024, unless earlier extended or terminated by the Parties. B. RECORDATION. City shall record this Agreement against the Property, at City's cost. C. TERMINATION. If City determines that Property Owner has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement; engaged in fraud,dishonesty, or any other act of misconduct in the performance of this Agreement;or if either Party willfully or negligently defaults in,or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have seven(7)days after receipt of such notice to cure the default. If the default is not cured within such period,this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. D. TERMINATION OR RESCISSION BY PROPERTY OWNER. If,prior to initiation of construction as part of Project, Property Owner terminates this Agreement, and/or rescinds Property Owner's acceptance of City's offer to assess and potentially reroute the service line, for any reason,the City shall not be responsible for any costs related to the Project or the Project's impact on Property,other than connecting the Property's existing plumbing to the rehabilitated main when complete. E. CITY NOT RESPONSIBLE FOR OTHER COSTS. Property Owner acknowledges and agrees that except as explicitly stated in this Agreement, the City will not be responsible for any costs Property Owner may incur as a result of or otherwise attributable to the Project, whether such costs are related to known or unknown risks or factors. Specifically, without limitation, City shall not be responsible for any lost business or other revenue during or attributable to the Project, nor for any plumbing- or sewer-related costs following Project completion. P. DAY-TO-DAY COMMUNICATIONS. Communication between Property Owner and City regarding day-to-day matters(e.g., issues related to construction,property entry, scheduling, etc.) shall occur via e-mail or telephone. City shall provide Property Owner the name,e-mail address, and telephone number of specific City personnel("City Contact")who shall serve as the liaison between City and Property Owner for all day-to-day matters. Property Owner shall provide City the name, e-mail address, and telephone number of the specific person ("Property Owner Contact")who shall serve as the liaison between Property Owner and City for all day-to-day matters. G. ALL OTHER NOTICES. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when sent via e-mail,personally served, or mailed via United States mail, to the following personnel and address: If to Cif If to Property Owner: City Clerk, City of Meridian PONCE MICHAEL A 33 E. Broadway Ave. 5061 N ASISSI AVE Meridian, Idaho 83642 MERIDIAN, ID 83646-0000 cityclerk@meridiancity.org Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change, establishing a new address for noticing purposes, in accordance with the requirements of this section. H. LIMITATION OF LIABILITY. City is not liable for consequential, indirect, incidental, special, exemplary,punitive, or enhanced damages arising out of or relating to any breach of this Agreement, whether or not such damages are foreseeable or Property Owner was advised of the possibility of such damages, regardless of the legal or equitable theory(contract, tort or otherwise)upon which the claim is based, and notwithstanding the failure of any agreed or other remedy of its essential purpose. This limitation of City's liability shall not apply to (i) liability resulting from City's gross negligence or willful misconduct and(ii) death or bodily injury resulting from City's acts or omissions. I. FORCE MAJEURE.No Party will be liable for failure to perform any duty under this Agreement where such failure is due to or made impracticable by unforeseeable causes beyond the Parties' control and without the fault or negligence of the Parties, including, but not restricted to, acts of God or the public enemy, fire, flood, natural disaster, epidemic, strike, or order of any court or authorized agency. J. BINDING UPON SUCCESSORS. Except as otherwise specifically provided herein, this Agreement shall be binding upon any and all owners of the Property, any and all subsequent owners thereof, and each and every other person acquiring an interest in the Property. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the Property,or any portion thereof, except that any sale or alienation shall occur subject to the provisions of this Agreement, and any successive owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. K. SEVERABILITY. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any other provision or provisions contained herein. L. THIRD-PARTY BENEFICIARIES. This Agreement is not intended to create,nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person or entity not a party hereto. M. NO REAL PROPERTY INTEREST. It is expressly understood that this Easement does not in any way whatsoever grant or convey any permanent easement, lease, fee or other interest in the Property to the City. N. ATTORNEY FEES. Should any litigation be commenced between the Parties concerning this Agreement, the prevailing party shall be entitled,in addition to any other relief as may be granted,to court costs and reasonable attorney fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter alia, any default,termination,or forfeiture of this Agreement. ®. ENTIRE AGREEMENT. This Agreement sets forth all promises, inducements,agreements, conditions, and understandings between City and Property Owner relative to the subject matter hereof, and there are no promises,agreements,conditions, or understandings,either oral or written,express or implied,between City and Property Owner, other than as are stated herein. Except as otherwise specifically provided herein,no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. P. NON-WAIVER. Failure of either Party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any Party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after either party becomes entitled to the benefit thereof,notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise,the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. Q. APPLICABLE LAW. The validity,interpretation,performance and enforcement of this Agreement shall be governed by the laws of the State of Idaho,including,without limitation, Article VIII, Section 3, of the Idaho Constitution. Venue shall be in the courts of Ada County, Idaho. R. COMPLIANCE WITH LAWS. Throughout the course of this Agreement,the Parties shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. The City's ordinances appertaining to the regulation, control, and use of its sewer and water systems, and any prospective amendments to and/or recodifications thereof, are specifically and without limitation incorporated into this Agreement as if set forth fully herein. S. ADVICE OF ATTORNEY. Each party warrants and represents that in executing this Agreement, it has received independent legal and financial advice from its attorney and/or financial advisor, or has had adequate opportunity to seek such advice. T. WARRANTY OF AUTHORITY. Each person executing and signatory to this Agreement represents and warrants that the execution, delivery,and performance of this Agreement has been duly authorized by all necessary action of each respective party;that such person is, at the time of execution, duly authorized by the respective Party's governing body to bind such Party in all respects;and acknowledges and agrees that this Agreement is and shall be a valid and binding obligation upon the Parties to this Agreement. U. APPROVAL REQUIRED: This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective to rst written above. PRO E NER: STATE OF IDAHO ) ) ss: County of JZ>A > I hIEREBY CERTIFY that on this 2 day of� Si iature• 2024,before the under ' ed,a Notary Public in ieaSgtaj— p E of Idaho,(�1�C�'1o►n_(under z personally appeared, Name (printed) proven to me to be the person who executed the said •�•�••��� instrument, and acknowledged to me that he executed die •• l�. •o same. ��� �,`. "•• IN WITNESS WHEREOF.I have hereunto set my hand • OTA* 0 and affixed my official seal,die day and year in this • • certificate first above written. 5:OOMUNNON No. X2M13 ; J�jBt,�G,. O - �► • otary Public fir Idaho '•9 - t,)W: Owosso Residing at g� , A Q&::� , Idaho My Commission Expires: 12- Zq ZjC:)Ze CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor 3-26-2024 Chris Johnson, City Clerk 3-26-2024 SPATE OF IDAI IO ) ):ss County of Ada ) On this 26th day of March 2024,before me,a Notary Public,personally appeared Robert E. Simison and Chris Johnson,know or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed die same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Meridian Idaho My Commission Expires: 3-28-2028 ADA COUNTY RECORDER Trent Tripple 2024-015446 BOISE IDAHO Pgs=8 CHE FOWLER 03/27/2024 08:05 AM RECORDING REQUESTED BYAND CITY OF MERIDIAN, IDAHO NO FEE WHEN RECORDED RETURN TO: City Clerk City of Meridian 33 E.Broadway Avenue Meridian,ID 83642 TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR CONNECTION TO SEWER SERVICE: 126 E IDAHO AVE,MERIDIAN,ID This TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR CONNECTION TO SEWER SERVICE("Agreement")is made this 26th day of March 2024 ("Effective Date"),by and between the City of Meridian,a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho ("City"), and Circle S Meridian LLC, owner of the property at 126 E Idaho Ave, Meridian, Idaho ("Property Owner") (collectively, "Parties"). WHEREAS, Property Owner is the owner of the property at 126 E, Idaho Avenue, Meridian, Idaho, Ada County parcel no. R5672000745, more particularly described as follows: W 20' OF LOT 7 BLK 5 ("Property"); WHEREAS, the sewer line serving Property is currently located in the alley to the north of the Property; WHEREAS, in Spring 2024, pursuant to its authority under Idaho Code section 50-332, the City of Meridian will begin a public works project that includes installing a new sewer main along E. Idaho Avenue, from Meridian Road to 6th Street("Project"); WHEREAS, to improve efficiency and long-term viability of sewer service to properties along E. Idaho Avenue from Meridian Road to 6th Street, including the Property, the City intends to reroute the plumbing serving Property to connect to the new sewer line along E. Idaho Avenue, and to cause such work to be completed at the City's expense unless an unforeseen condition prevents such work; and WHEREAS,Property Owner has accepted this offer and wishes to authorize City to include in the scope of work for the Project the rerouting of the plumbing serving the building at Property and its connection to the new sewer line, as generally depicted in Exhibit A, subject to field verification; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein,the Parties agree as follows: AGREEMENT FOR CONNECTION TO SEWER SERVICE PAGE I I.COMMITMENTS BY CITY. A. REPLUMBING SEWER SERVICES. The City intends to bore under the building and replumb the building at the Property and connect it to the new sewer main to be placed in the right of way along E.Idaho Avenue. The sewer service will be six inches (6") in diameter and will be HDPE or PVC. The City will: 1. Complete such work at the City's sole expense. This work shall include restoration of the exterior and(if needed)interior of the Property to its general pre-Project condition, as nearly as is feasible. 2. Contact Property Owner to provide details regarding scheduling, timeline, and the next steps for completion of this work. 3. Select a general contractor who will hire a licensed plumber to install all related plumbing and infrastructure necessary to connect the building at Property to the new sewer main along E. Idaho Avenue. Such work shall be completed in accordance with the regulations of the Building Services Division of the City of Meridian Community Development Department, the City of Meridian Public Works Department, and any and all other applicable rules or laws. 4. As practicable,provide notice to Property Owner of any need to access the Property and building thereon in order to complete City's obligations under this Agreement. B. UNFORESEEN CONDITIONS. If there is an unforeseen condition that prohibits the replumbing of the existing service,the City will leave the existing plumbing connected to the sewer main in the alley to the north of the property. The sewer main in the alley shall remain in service until it reaches the end of its useful life or it is no longer cost effective for the City to maintain. The City shall have no obligation to maintain the sewer main beyond its useful life. If,in the City's sole discretion, it is deemed that the sewer main in the alley is approaching the end of its useful life or it is no longer cost effective for the City to maintain it,the property owner will be required to connect to the sewer main in the right-of-way along E. Idaho Avenue, at the property owner's sole expense,regardless of the duration of the life of the sewer main in the alley. C. PROVISION OF SEWER SERVICES. At all times, City shall make sewer services available to the Subject Property, subject to necessary stoppages due to construction, and all applicable laws and City ordinances. City shall bill Property Owner for sewer usage according to the metering, accounting, and billing system in place under Meridian City Code and the policies and practices of the City of Meridian. D. WARRANTY. City shall obtain a two (2)year warranty for the contractor's work. If,within the two (2)years following completion of the work,the Property Owner encounters defective workmanship with the work completed pursuant to this Agreement, Property Owner shall inform City, and City shall enforce the contractor's warranty. Neither City nor City's Contractor shall provide a warranty directly to Property Owner. This provision shall survive the expiration of this Agreement. AGREEMENT FOR CONNECTION TO SEWER SERVICE PAGE 2 II. COMMITMENTS BY PROPERTY OWNER. A. EASEMENT;RIGHT OF ENTRY. Property Owner authorizes the City, its consultants, agents, employees and/or contractors, a temporary easement over and across the Property, and the right to enter the Property and all buildings thereon, in order to complete all necessary work to fulfill City's obligations under this Agreement. City shall have and hold the temporary easement and right of entry until the Project is complete. City's Project Manager shall provide to Property Owner a copy of the anticipated construction schedule. Property Owner shall notify the occupant(s) of the building located on Property of the terms of this Agreement and instruct such occupant(s) to provide access to City, its consultants, and/or its contractors as necessary to complete the work described by this Agreement. B. NO GUARANTEE. Property Owner acknowledges that City may not elect to reroute the sewer service from the existing main in the alley to the new main in the right-of-way along E. Idaho Street. The City may decline to reroute the plumbing from the building on Property,if unforeseen conditions make such work not feasible, in City's sole discretion. C. PAYMENT FOR CITY SERVICES. Property Owner shall pay to City all applicable fees for water and sewer services provided, as such fees are calculated and billed by City established by law or City policy or ordinance. The exclusive remedy for any disputes, objections, or appeals regarding such fees and costs shall be with the Board of Adjustment, under the procedures set forth in Meridian City Code. D. OPERATION AND MAINTENANCE. Upon connection to and at all times Property is connected to the City's sewer system,regardless of the location of such connection, Property Owner shall be solely responsible for any and all costs related to operation and maintenance of all portions and functions of the plumbing between the sewer line and the Property served by the City sewer system. E. EXISTING ISSUES PROPERTY OWNER'S RESPONSIBILITY. Property Owner shall be solely responsible for any repair, maintenance, or other work where the need for same is discovered by the work contemplated by this Agreement. F. RISK; HOLD HARMLESS;WARRANTY. Property Owner acknowledges that work contemplated by this Agreement may carry risks of property damage,property loss,personal injury, illness, and/or death, some of which risks are unknown, and,with that knowledge, Property Owner hereby assumes all such risks and hazards, except as otherwise stated herein. Except as it relates to tortious conduct attributable to City, Property Owner shall save and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Property Owner or Property Owner's tenants, agents, employees, guests, and/or business invitees. Except as may be provided in any written warranty provided by the contractor completing the work contemplated by this Agreement, Property Owner shall be solely responsible for any structural,electrical,mechanical,or other malfunction or damage occurring after completion AGREEMENT FOR CONNECTION TO SEWER SERVICE PAGE 3 of the work contemplated by this Agreement, and shall not make any claim or demand, or bring any cause of action against City for same. 111.GENERAL PROVISIONS. A. TERM. This Agreement shall become effective on the Effective Date first written above, and shall be effective through the earlier of completion of the Project or September 30, 2024, unless earlier extended or terminated by the Parties. B. RECORDATION. City shall record this Agreement against the Property, at City's cost. C. TERMINATION. If City determines that Property Owner has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement; engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement;the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have seven(7) days after receipt of such notice to cure the default. If the default is not cured within such period,this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. D. TERMINATION OR RESCISSION BY PROPERTY OWNER. If, prior to initiation of construction as part of Project, Property Owner terminates this Agreement, and/or rescinds Property Owner's acceptance of City's offer to assess and potentially reroute the service line, for any reason,the City shall not be responsible for any costs related to the Project or the Project's impact on Property, other than connecting the Property's existing plumbing to the rehabilitated main when complete. E. CITY NOT RESPONSIBLE FOR OTHER COSTS. Property Owner acknowledges and agrees that except as explicitly stated in this Agreement,the City will not be responsible for any costs Property Owner may incur as a result of or otherwise attributable to the Project, whether such costs are related to known or unknown risks or factors. Specifically,without limitation,City shall not be responsible for any lost business or other revenue during or attributable to the Project,nor for any plumbing-or sewer-related costs following Project completion. F. DAY-TO-DAY COMMUNICATIONS. Communication between Property Owner and City regarding day-to-day matters (e.g., issues related to construction, property entry, scheduling, etc.) shall occur via e-mail or telephone. City shall provide Property Owner the name, e-mail address,and telephone number of specific City personnel("City Contact")who shall serve as the liaison between City and Property Owner for all day-to-day matters. Property Owner shall provide City the name, e-mail address, and telephone number of the specific person ("Property Owner Contact")who shall serve as the liaison between Property Owner and City for all day-to-day matters. AGREEMENT FOR CONNECTION TO SEWER SERVICE PAGE 4 G. ALL OTHER NOTICES. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when sent via e-mail, personally served, or mailed via United States mail,to the following personnel and address: If to Ci If to Property Owner: City Clerk, City of Meridian CIRCLE S MERIDIAN LLC 33 E. Broadway Ave. 6835 N TOPAZ JEWEL PL Meridian, Idaho 83642 MERIDIAN, ID 83642-000 cityclerk@meridiancity.org Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change,establishing a new address for noticing purposes, in accordance with the requirements of this section. H. FORCE MAJEURE.No Party will be liable for failure to perform any duty under this Agreement where such failure is due to or made impracticable by unforeseeable causes beyond the Parties' control and without the fault or negligence of the Parties, including, but not restricted to, acts of God or the public enemy,fire,flood,natural disaster, epidemic, strike, or order of any court or authorized agency. I. BINDING UPON SUCCESSORS. Except as otherwise specifically provided herein, this Agreement shall be binding upon any and all owners of the Property, any and all subsequent owners thereof, and each and every other person acquiring an interest in the Property. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the Property, or any portion thereof, except that any sale or alienation shall occur subject to the provisions of this Agreement, and any successive owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. J. SEVERABILITY. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any other provision or provisions contained herein. K. THIRD-PARTY BENEFICIARIES. This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create,any third-party beneficiary rights in any person or entity not a party hereto. L. NO REAL PROPERTY INTEREST. It is expressly understood that this Easement does not in any way whatsoever grant or convey any permanent easement,lease,fee or other interest in the Property to the City. M. ATTORNEY FEES. Should any litigation be commenced between the Parties concerning this Agreement,the prevailing parry shall be entitled,in addition to any other relief as may be granted, to court costs and reasonable attorney fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter alia, any default, termination, or forfeiture of this Agreement. N. ENTIRE AGREEMENT. This Agreement sets forth all promises, inducements, agreements, AGREEMENT FOR CONNECTION TO SEWER SERVICE PAGE 5 conditions, and understandings between City and Property Owner relative to the subject matter hereof, and there are no promises, agreements, conditions, or understandings, either oral or written, express or implied, between City and Property Owner, other than as are stated herein. Except as otherwise specifically provided herein,no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. O. NON-WAIVER. Failure of either Party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any Party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after either parry becomes entitled to the benefit thereof, notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. P. APPLICABLE LAW. The validity, interpretation,performance and enforcement of this Agreement shall be governed by the laws of the State of Idaho, including,without limitation, Article VIII, Section 3, of the Idaho Constitution.Venue shall be in the courts of Ada County, Idaho. Q. COMPLIANCE WITH LAWS. Throughout the course of this Agreement,the Parties shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. The City's ordinances appertaining to the regulation, control, and use of its sewer and water systems, and any prospective amendments to and/or recodifications thereof, are specifically and without limitation incorporated into this Agreement as if set forth fully herein. R. ADVICE OF ATTORNEY. Each party warrants and represents that in executing this Agreement, it has received independent legal and financial advice from its attorney and/or financial advisor, or has had adequate opportunity to seek such advice. S. WARRANTY OF AUTHORITY. Each person executing and signatory to this Agreement represents and warrants that the execution, delivery, and performance of this Agreement has been duly authorized by all necessary action of each respective party;that such person is, at the time of execution,duly authorized by the respective Party's governing body to bind such Party in all respects; and acknowledges and agrees that this Agreement is and shall be a valid and binding obligation upon the Parties to this Agreement. T. APPROVAL REQUIRED: This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date first written above. AGREEMENT FOR CONNECTION TO SEWER SERVICE PAGE 6 PROPERTY OWNER STATE OF IDAHO ) CIRCLE S MERIDIAN LLC: ) ss: County of_� ) � I HEREBY CERTIFY that on this X day of 2024,before the undersigned,a Notary Public in the State of Idaho,MARTY SCHINDLER personally appeared, Marty Schindler proven to me to be the person who executed the said Manager instrument,and acknowledged to me that he executed the same. IN WITNESS WHEREOF,I have hereunto set my hand °•®� ®a '®® and affixed my official seal,the day and year in this ° �. ° •+. certificate firs above written. • U' q N taEXN ry Public for daho ®N, Residing at_ V O I G ,Idaho N 0-amme 2� 2U2g My Commission Expires: _ CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor 3-26-2024 Chris Johnson, City Clerk 3-26-2024 STATE OF IDAHO ) ): ss County of Ada ) On this 26th day of March ,2024,before me,a Notary Public,personally appeared Robert E.Simison and Chris Johnson,know or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and axed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Meridian ,Idaho My Commission Expires: 3-28-2028 AGREEMENT FOR CONNECTION TO SEWER SERVICE PAGE 7 Exhibit A ALLEY ALL CONSTRUCTION SHALL BE DONE IN ACCORDANCE WITH THE PROJECT SPECIFICATIONS AND THE 2017 IDAHO STATE PLUMBING CODE AS ADOPTED BY THE CITY OF MERIDIAN. ABANDON EXISTING ALL SURFACE RESTORATION, SEWER LINE LANDSCAPE RESTORATION, SPRINKLER REPAIR, FENCE REPAIR AND OTHER NECESSARY SITE RESTORATION OUTSIDE OF i THE PUBLIC RIGHT—OF—WAY SHALL BE INCIDENTAL TO SEWER CONNECT TO EXISTING SERVICE LINE BID ITEM. SEWER SERVICE AND THIS BUILDING DOES NOT HAVE INSTALL A CLEANOUT A BASEMENT OR A CRAWL Proposed Bore SPACE. Pit Location SEWER C„ IBORE SERVICE UNDER U) cn BUILDING N INTERIOR WALL 124 126 U) (A U) r r> l [ll !II 6" SEWER SERVICE Ln (N I I N I 0 Cn I, SCALE: 1"=20 CITY OF MERIDIAN a� SHEET SEWER AND WA1ER MAIN E IDIANI 7 REPLACEMENT - E. IDAHO AVENUE 0 D n m O 126 E. IDAHO AVENUE P��� „i23 ADA COUNTY RECORDER Trent Tripple 2024-015447 BOISE IDAHO Pgs=7 CHE FOWLER 03/27/2024 08:05 AM CITY OF MERIDIAN, IDAHO NO FEE RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: City Clerk City of Meridian 33 E.Broadway Avenue Meridian,ID 83642 TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR CONNECTION TO SEWER SERVICE: 127 E IDAHO AVE,MERIDIAN,ID 83642-0000 This TEMPORARY CONSTRUCITON EASEMENT AND AGREEMENT FOR CONNECTION TO SEWER SERVICE("Agreement")is made this 26thday of March , 2024 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho,whose address is 33 East Broadway Avenue,Meridian,Idaho("City"), and 116 BROADWAY LLC, owner of the property at 127 E IDAHO AVE, Meridian, Idaho ("Property Owner") (collectively, "Parties"). WHEREAS,Property Owner is the owner of the property at 127 E IDAHO AVE, Meridian, Idaho,Ada County parcel no. R5672000642, PAR#0642 POR LTS 13 & 14 BL 4 ("Property"); WHEREAS, the sewer line serving Property is currently located in the alley to the north of the Property; WHEREAS, in Spring 2024,pursuant to its authority under Idaho Code section 50-332, the City of Meridian will begin a public works project that includes installing a new sewer main along E. Idaho Avenue, from Meridian Road to 6th Street("Project"); WHEREAS, to improve efficiency and long-term viability of sewer service to properties along E. Idaho Avenue from Meridian Road to 6th Street, including the Property,the City has offered to assess the feasibility of rerouting the plumbing serving Property to connect to the new sewer line along E. Idaho Avenue, and, if it is feasible, to cause such work to be completed at the City's expense; and WHEREAS, Property Owner has accepted this offer and wishes to authorize City 1)to initiate the feasibility assessment,and 2) if the City determines that it is feasible,to include in the scope of work for the Project the rerouting of the plumbing serving the building at Property and its connection to the new sewer line; NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged and agreed,and in consideration of the mutual promises and covenants herein contained,and in consideration of the recitals above,which are incorporated herein,the Parties agree as follows: I.COMMITMENTS BY CITY. A. FEASIBILITY ASSESSMENT.Within one hundred and eighty(180)days of execution of this Agreement, City shall conduct an assessment of the structural integrity,plumbing condition, and other factors and risks related to the feasibility of replumbing the building at Property to connect to the new sewer main to be placed in the right-of-way along E. Idaho Avenue. B. IF NOT FEASIBLE. If, in the City's sole discretion, it is not feasible to replumb the building at Property and connect it to the new sewer main to be placed in the right-of-way along E. Idaho Avenue,the City will take no further action with regard to the Property. C. IF FEASIBLE.If, in the City's sole discretion, it is feasible to replumb the building at Property to connect it to the new sewer main to be placed in the right-of-way along E. Idaho Avenue, City shall: 1. Add this work to the scope of work for the Project, and shall complete such work at the City's sole expense. This work shall include restoration of the interior and exterior of the Property to its general pre-Project condition, as nearly as is feasible. 2. Contact Property Owner to provide details regarding scheduling,timeline,and the next steps for completion of this work. 3. Select and hire a licensed plumber to install all related plumbing and infrastructure necessary to connect the building at Property to the new sewer main along E. Idaho Avenue. Such work shall be completed in accordance with the regulations of the Building Services Division of the City of Meridian Community Development Department,the City of Meridian Public Works Department, and any and all other applicable rules or laws. 4. As practicable,provide notice to Property Owner of any need to access the Property and building thereon in order to complete City's obligations under this Agreement. D. PROVISION OF SEWER SERVICES. At all times, City shall provide sewer services to the Subject Property, subject to necessary stoppages due to construction, and all applicable laws and City ordinances. City shall bill Property Owner for sewer usage according to the metering, accounting, and billing system in place under Meridian City Code and the policies and practices of the City of Meridian. II.COMMITMENTS BY PROPERTY OWNER. A. EASEMENT;RIGHT OF ENTRY. Property Owner authorizes the City, its consultants, agents, employees and/or contractors, a temporary easement over and across the Property, and the right to enter the Property and all buildings thereon, in order to complete all necessary work to fulfill City's obligations under this Agreement. City shall have and hold the temporary easement and right of entry until the Project is complete. Property Owner shall notify the occupant(s) of the building located on Property of the terms of this Agreement and instruct such occupant(s) to provide access to City, its consultants, and/or its contractors as necessary to complete the work described by this Agreement. B. NO GUARANTEE. Property Owner acknowledges that City may not elect to reroute the sewer service from the existing main in the alley to the new main in the right-of-way along E. Idaho Street. The City may decline to reroute the plumbing from the building on Property, if such work is not feasible,in City's sole discretion. C. PAYMENT FOR CITY SERVICES. Upon connection to and whenever Property is connected to the City's sewer system,regardless of the location of such connection,Property Owner shall pay to City all applicable fees and costs for services provided,as such fees are calculated and billed by City as set forth herein and established by law or City policy or ordinance. The exclusive remedy for any disputes,objections,or appeals regarding such fees and costs shall be with the Board of Adjustment, under the procedures set forth in Meridian City Code. D. OPERATION AND MAINTENANCE. Upon connection to and at all times Property is connected to the City's sewer system, regardless of the location of such connection, Property Owner shall be solely responsible for any and all costs related to operation and maintenance of all portions and functions of the plumbing between the sewer line and the Property served by the City sewer system. E. ACKNOWLEDGMENT OF SCOPE OF WORK. Property Owner acknowledges that construction related to the rerouting of plumbing and installation of new plumbing may require the temporary removal of landscaping,walkways, walls, flooring,and other structural aspects of the building at Property. While City shall restore the interior and exterior of the Property to the condition they were in prior to the Project, Property Owner shall be responsible for any other repair,maintenance,or other work where the need for same is revealed by the removal of walls and floors in order to complete the work contemplated by this Agreement. City shall not be responsible for any repair to structural,electrical,mechanical, or other systems at Property, even if such necessity is revealed by work undertaken pursuant to this Agreement or any other aspect of the Project. F. WAIVER. Property Owner acquits and forever discharges the City of Meridian, its employees, and agents, from any and all claims, actions, causes of action, demands, rights, damages, costs, expenses and additional compensation, including attorney fees,which Property Owner now has or may later realize in relation to any expense of any type related this Agreement or to Project,whether such expense is foreseen, unforeseen, known, or unknown. Except as may be provided in any written warranty provided by the contractor completing the work contemplated by this Agreement, Property Owner shall be solely responsible for any structural, electrical, mechanical, or other malfunction or damage occurring after completion of the work contemplated by this Agreement, and shall not make any claim or demand, or bring any cause of action against City for same. G. INDEMNIFICATION.Property Owner acknowledges that provision of services under this Agreement may carry risks of property damage,property loss,personal injury, illness,and/or death, some of which risks are unknown, and, with that knowledge,Property Owner hereby assumes all such risks and hazards. Property Owner shall indemnify, save, and hold harmless the City and any and all of its employees, agents,volunteers,and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property,and from any and all losses and expenses caused or incurred by Property Owner or Property Owner's tenants, agents, employees, guests,and/or business invitees. III.GENERAL PROVISIONS.. A. TERM. This Agreement shall become effective on the Effective Date first written above, and shall be effective through the earlier of completion of the Project or September 30, 2024, unless earlier extended or terminated by the Parties. B. RECORDATION. City shall record this Agreement against the Property, at City's cost. C. TERMINATION. If City determines that Property Owner has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement; engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have seven (7)days after receipt of such notice to cure the default. If the default is not cured within such period,this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. D. TERMINATION OR RESCISSION BY PROPERTY OWNER. If, prior to initiation of construction as part of Project, Property Owner terminates this Agreement, and/or rescinds Property Owner's acceptance of City's offer to assess and potentially reroute the service line, for any reason, the City shall not be responsible for any costs related to the Project or the Project's impact on Property, other than connecting the Property's existing plumbing to the rehabilitated main when complete. E. CITY NOT RESPONSIBLE FOR OTHER COSTS. Property Owner acknowledges and agrees that except as explicitly stated in this Agreement, the City will not be responsible for any costs Property Owner may incur as a result of or otherwise attributable to the Project,whether such costs are related to known or unknown risks or factors. Specifically, without limitation, City shall not be responsible for any lost business or other revenue during or attributable to the Project, nor for any plumbing- or sewer-related costs following Project completion. F. DAY-TO-DAY COMMUNICATIONS. Communication between Property Owner and City regarding day-to-day matters (e.g., issues related to construction,property entry, scheduling, etc.) shall occur via e-mail or telephone. City shall provide Property Owner the name, e-mail address, and telephone number of specific City personnel ("City Contact")who shall serve as the liaison between City and Property Owner for all day-to-day matters. Property Owner shall provide City the name, e-mail address, and telephone number of the specific person ("Property Owner Contact")who shall serve as the liaison between Property Owner and City for all day-to-day matters. G. ALL OTHER NOTICES. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when sent via e-mail, personally served, or mailed via United States mail, to the following personnel and address: If to Ci : If to Property Owner: City Clerk, City of Meridian 116 BROADWAY LLC 33 E. Broadway Ave. 13129 N ANDYS GULCH RD Meridian, Idaho 83642 GARDEN CITY, ID 83714-0000 cityclerk@meridiancity.org Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change,establishing a new address for noticing purposes, in accordance with the requirements of this section. H. LIMITATION OF LIABILITY. City is not liable for consequential, indirect, incidental, special, exemplary,punitive, or enhanced damages arising out of or relating to any breach of this Agreement, whether or not such damages are foreseeable or Property Owner was advised of the possibility of such damages, regardless of the legal or equitable theory(contract, tort or otherwise) upon which the claim is based, and notwithstanding the failure of any agreed or other remedy of its essential purpose. This limitation of City's liability shall not apply to (i) liability resulting from City's gross negligence or willful misconduct and (ii) death or bodily injury resulting from City's acts or omissions. I. FORCE MAJEURE.No Party will be liable for failure to perform any duty under this Agreement where such failure is due to or made impracticable by unforeseeable causes beyond the Parties' control and without the fault or negligence of the Parties, including, but not restricted to, acts of God or the public enemy, fire, flood, natural disaster, epidemic, strike, or order of any court or authorized agency. J. BINDING UPON SUCCESSORS. Except as otherwise specifically provided herein, this Agreement shall be binding upon any and all owners of the Property, any and all subsequent owners thereof, and each and every other person acquiring an interest in the Property. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the Property, or any portion thereof, except that any sale or alienation shall occur subject to the provisions of this Agreement, and any successive owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. K. SEVERABILITY. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any other provision or provisions contained herein. L. THIRD-PARTY BENEFICIARIES. This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person or entity not a party hereto. M. NO REAL PROPERTY INTEREST. It is expressly understood that this Easement does not in any way whatsoever grant or convey any permanent easement, lease, fee or other interest in the Property to the City. N. ATTORNEY FEES. Should any litigation be commenced between the Parties concerning this Agreement,the prevailing party shall be entitled, in addition to any other relief as may be granted,to court costs and reasonable attorney fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter alia, any default,termination, or forfeiture of this Agreement. O. ENTIRE AGREEMENT. This Agreement sets forth all promises, inducements, agreements, conditions,and understandings between City and Property Owner relative to the subject matter hereof, and there are no promises, agreements, conditions, or understandings, either oral or written, express or implied, between City and Property Owner, other than as are stated herein. Except as otherwise specifically provided herein, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. P. NON-WAIVER. Failure of either Party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any Party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after either party becomes entitled to the benefit thereof,notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise,the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. Q. APPLICABLE LAW. The validity, interpretation,performance and enforcement of this Agreement shall be governed by the laws of the State of Idaho, including,without limitation, Article VIII,Section 3, of the Idaho Constitution. Venue shall be in the courts of Ada County, Idaho. R. COMPLIANCE WITH LAWS. Throughout the course of this Agreement,the Parties shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. The City's ordinances appertaining to the regulation,control,and use of its sewer and water systems,and any prospective amendments to and/or recodifications thereof, are specifically and without limitation incorporated into this Agreement as if set forth fully herein. S. ADVICE OF ATTORNEY. Each party warrants and represents that in executing this Agreement, it has received independent legal and financial advice from its attorney and/or financial advisor, or has had adequate opportunity to seek such advice. T. WARRANTY OF AUTHORITY. Each person executing and signatory to this Agreement represents and warrants that the execution, delivery, and performance of this Agreement has been duly authorized by all necessary action of each respective party; that such person is, at the time of execution, duly authorized by the respective Party's governing body to bind such Party in all respects; and acknowledges and agrees that this Agreement is and shall be a valid and binding obligation upon the Parties to this Agreement. U. APPROVAL REQUIRED: This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date first written above. PROPE TY OWNE STATE OF IDAHO ) ) ss: County of � ) V+--, G I HEREBY CERTIFY that on this T day of_Febr t�-Y Si ature: 2024,before the undersigned,a Nota Public in the State of Idaho, 1541 f ersonally appeared, Nam (printed) proven to me o be the person who executed the said instrument, and acknowledged to me that he executed the same. ••�S'��•• IN WITNESS WHEREOF,I have hereunto set my hand �••�.L AN and affixed my official seal,the day and year in this �Ct TgR certificate first above written. Z;C(1MMISSION;M; No.202'Z2808 4Stu:�blic for! ••� ;OF t9one* �• Residing at—Mo—r aU. ,,1 Idaho My Commission Expires: CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor 3-26-2024 Chris Johnson, City Clerk 3-26-2024 STATE OF IDAHO ) ): ss County of Ada ) On this 26th day of March ,2024,before me,a Notary Public, personally appeared Robert E.Simison and Chris Johnson,know or identified to me to be the Mayor and Clerk, respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Meridian Idaho My Commission Expires: 3-28-2028 RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: City Clerk City of Meridian 33 E.Broadway Avenue Meridian,ID 83642 TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR CONNECTION TO SEWER SERVICE: 130 E IDAHO AVE,MERIDIAN,ID 83642-0000 This TEMPORARY CONSTRUCITON EASEMENT AND AGREEMENT FOR CONNECTION TO SEWER SERVICE("Agreement") is made this 26th day of March ,2024("Effective Date"),by and between the City of Meridian,a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho ("City"), and ABBEY LAINE ENTERPRISES LLC, owner of the property at 130 E IDAHO AVE, Meridian, Idaho ("Property Owner") (collectively, "Parties"). WHEREAS,Property Owner is the owner of the property at 130 E IDAHO AVE, Meridian, Idaho,Ada County parcel no. R5672000750, LOT 8 E 10'OF LOT 7 BLK 5 ("Property"); WHEREAS, the sewer line serving Property is currently located in the alley to the north of the Property; WHEREAS, in Spring 2024,pursuant to its authority under Idaho Code section 50-332, the City of Meridian will begin a public works project that includes installing a new sewer main along E. Idaho Avenue, from Meridian Road to 6th Street("Project"); WHEREAS,to improve efficiency and long-term viability of sewer service to properties along E. Idaho Avenue from Meridian Road to 6th Street, including the Property, the City has offered to assess the feasibility of rerouting the plumbing serving Property to connect to the new sewer line along E. Idaho Avenue, and, if it is feasible,to cause such work to be completed at the City's expense;and WHEREAS,Property Owner has accepted this offer and wishes to authorize City 1) to initiate the feasibility assessment,and 2) if the City determines that it is feasible, to include in the scope of work for the Project the rerouting of the plumbing serving the building at Property and its connection to the new sewer line; NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained,and in consideration of the recitals above,which are incorporated herein, the Parties agree as follows: I.COMMITMENTS BY CITY. A. FEASIBILITY ASSESSMENT. Within one hundred and eighty(180)days of execution of this Agreement, City shall conduct an assessment of the structural integrity,plumbing condition, and other factors and risks related to the feasibility of replumbing the building at Property to connect to the new sewer main to be placed in the right-of-way along E. Idaho Avenue. B. IF NOT FEASIBLE.If,in the City's sole discretion, it is not feasible to replumb the building at Property and connect it to the new sewer main to be placed in the right-of-way along E. Idaho Avenue,the City will take no further action with regard to the Property. C. IF FEASIBLE. If, in the City's sole discretion,it is feasible to replumb the building at Property to connect it to the new sewer main to be placed in the right-of-way along E. Idaho Avenue, City shall: 1. Add this work to the scope of work for the Project,and shall complete such work at the City's sole expense. This work shall include restoration of the interior and exterior of the Property to its general pre-Project condition, as nearly as is feasible. 2. Contact Property Owner to provide details regarding scheduling, timeline, and the next steps for completion of this work. 3. Select and hire a licensed plumber to install all related plumbing and infrastructure necessary to connect the building at Property to the new sewer main along E. Idaho Avenue. Such work shall be completed in accordance with the regulations of the Building Services Division of the City of Meridian Community Development Department,the City of Meridian Public Works Department, and any and all other applicable rules or laws. 4. As practicable, provide notice to Property Owner of any need to access the Property and building thereon in order to complete City's obligations under this Agreement. D. PROVISION OF SEWER SERVICES. At all times, City shall provide sewer services to the Subject Property, subject to necessary stoppages due to construction, and all applicable laws and City ordinances. City shall bill Property Owner for sewer usage according to the metering, accounting, and billing system in place under Meridian City Code and the policies and practices of the City of Meridian. II. COMMITMENTS BY PROPERTY OWNER. A. EASEMENT;RIGHT OF ENTRY. Property Owner authorizes the City,its consultants, agents, employees and/or contractors,a temporary easement over and across the Property, and the right to enter the Property and all buildings thereon,in order to complete all necessary work to fulfill City's obligations under this Agreement. City shall have and hold the temporary easement and right of entry until the Project is complete. Property Owner shall notify the occupant(s) of the building located on Property of the terms of this Agreement and instruct such occupant(s)to provide access to City,its consultants,and/or its contractors as necessary to complete the work described by this Agreement. B. No GUARANTEE. Property Owner acknowledges that City may not elect to reroute the sewer service from the existing main in the alley to the new main in the right-of-way along E. Idaho Street. The City may decline to reroute the plumbing from the building on Property,if such work is not feasible, in City's sole discretion. C. PAYMENT FOR CITY SERVICES. Upon connection to and whenever Property is connected to the City's sewer system, regardless of the location of such connection,Property Owner shall pay to City all applicable fees and costs for services provided, as such fees are calculated and billed by City asset forth herein and established bylaw or City policy or ordinance. The exclusive remedy for any disputes, objections, or appeals regarding such fees and costs shall be with the Board of Adjustment,under the procedures set forth in Meridian City Code. D. OPERATION AND MAINTENANCE. Upon connection to and at all times Property is connected to the City's sewer system,regardless of the location of such connection,Property Owner shall be solely responsible for any and all costs related to operation and maintenance of all portions and functions of the plumbing between the sewer line and the Property served by the City sewer system. E. ACKNOWLEDGMENT OF SCOPE OF WORK. Property Owner acknowledges that construction related to the rerouting of plumbing and installation of new plumbing may require the temporary removal of landscaping, walkways,walls, flooring, and other structural aspects of the building at Property. While City shall restore the interior and exterior of the Property to the condition they were in prior to the Project, Property Owner shall be responsible for any other repair,maintenance, or other work where the need for same is revealed by the removal of walls and floors in order to complete the work contemplated by this Agreement. City shall not be responsible for any repair to structural, electrical, mechanical, or other systems at Property, even if such necessity is revealed by work undertaken pursuant to this Agreement or any other aspect of the Project. F. WAIVER. Property Owner acquits and forever discharges the City of Meridian, its employees, and agents, from any and all claims, actions, causes of action, demands, rights, damages, costs, expenses and additional compensation, including attorney fees, which Property Owner now has or may later realize in relation to any expense of any type related this Agreement or to Project,whether such expense is foreseen,unforeseen, known, or unknown. Except as may be provided in any written warranty provided by the contractor completing the work contemplated by this Agreement,Property Owner shall be solely responsible for any structural,electrical,mechanical, or other malfunction or damage occurring after completion of the work contemplated by this Agreement, and shall not make any claim or demand, or bring any cause of action against City for same. G. INDEMNIFICATION.Property Owner acknowledges that provision of services under this Agreement may carry risks of property damage,property loss,personal injury,illness, and/or death, some of which risks are unknown, and,with that knowledge,Property Owner hereby assumes all such risks and hazards. Property Owner shall indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Property Owner or Property Owner's tenants,agents, employees, guests, and/or business invitees. III.GENERAL PROVISIONS. A. TERM. This Agreement shall become effective on the Effective Date first written above, and shall be effective through the earlier of completion of the Project or September 30,2024, unless earlier extended or terminated by the Parties. B. RECORDATION. City shall record this Agreement against the Property,at City's cost. C. TERMINATION. If City determines that Property Owner has failed to comply with any term or condition of this Agreement,violated any of the covenants, agreements,and/or stipulations of this Agreement; engaged in fraud,dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have seven (7)days after receipt of such notice to cure the default. if the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. D. TERMINATION OR RESCISSION BY PROPERTY OWNER. If,prior to initiation of construction as part of Project, Property Owner terminates this Agreement, and/or rescinds Property Owner's acceptance of City's offer to assess and potentially reroute the service line, for any reason,the City shall not be responsible for any costs related to the Project or the Project's impact on Property, other than connecting the Property's existing plumbing to the rehabilitated main when complete. E. CITY NOT RESPONSIBLE FOR OTHER COSTS. Property Owner acknowledges and agrees that except as explicitly stated in this Agreement,the City will not be responsible for any costs Property Owner may incur as a result of or otherwise attributable to the Project,whether such costs are related to known or unknown risks or factors. Specifically,without limitation, City shall not be responsible for any lost business or other revenue during or attributable to the Project,nor for any plumbing-or sewer-related costs following Project completion. F. DAY-TO-DAY COMMUNICATIONS. Communication between Property Owner and City regarding day-to-day matters(e.g., issues related to construction,property entry, scheduling, etc.) shall occur via e-mail or telephone. City shall provide Property Owner the name, e-mail address,and telephone number of specific City personnel("City Contact")who shall serve as the liaison between City and Property Owner for all day-to-day matters. Property Owner shall provide City the name, e-mail address, and telephone number of the specific person ("Property Owner Contact")who shall serve as the liaison between Property Owner and City for all day-to-day matters. G. ALL OTHER NOTICES. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when sent via e-mail,personally served, or mailed via United States mail,to the following personnel and address: If to City: If to Prop gy Owner: City Clerk, City of Meridian ABBEY LAINE ENTERPRISES 33 E. Broadway Ave. LLC Meridian, Idaho 83642 1278 E SUMMERHEIGHTS DR cityclerk@meridiancity.org MERIDIAN, ID 83646-0000 Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change, establishing a new address for noticing purposes, in accordance with the requirements of this section. H. LIMITATION OF LIABILITY.City is not liable for consequential,indirect,incidental,special, exemplary,punitive,or enhanced damages arising out of or relating to any breach of this Agreement,whether or not such damages are foreseeable or Property Owner was advised of the possibility of such damages, regardless of the legal or equitable theory(contract,tort or otherwise) upon which the claim is based, and notwithstanding the failure of any agreed or other remedy of its essential purpose. This limitation of City's liability shall not apply to(i) liability resulting from City's gross negligence or willful misconduct and(ii) death or bodily injury resulting from City's acts or omissions. I. FORCE MAJEURE.No Party will be liable for failure to perform any duty under this Agreement where such failure is due to or made impracticable by unforeseeable causes beyond the Parties' control and without the fault or negligence of the Parties, including, but not restricted to,acts of God or the public enemy, fire, flood,natural disaster, epidemic, strike, or order of any court or authorized agency. J. BINDING UPON SUCCESSORS. Except as otherwise specifically provided herein, this Agreement shall be binding upon any and all owners of the Property,any and all subsequent owners thereof, and each and every other person acquiring an interest in the Property. Nothing herein shall,or shall be construed to, in any way prevent the sale or alienation of the Property, or any portion thereof,except that any sale or alienation shall occur subject to the provisions of this Agreement, and any successive owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. K. SEVERABILITY. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any other provision or provisions contained herein. L. THIRD-PARTY BENEFICIARIES. This Agreement is not intended to create,nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person or entity not a party hereto. M. NO REAL PROPERTY INTEREST. It is expressly understood that this Easement does not in any way whatsoever grant or convey any permanent easement, lease, fee or other interest in the Property to the City. N. ATTORNEY FEES. Should any litigation be commenced between the Parties concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted,to court costs and reasonable attorney fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter alia, any default,termination, or forfeiture of this Agreement. O. ENTIRE AGREEMENT. This Agreement sets forth all promises,inducements, agreements, conditions,and understandings between City and Property Owner relative to the subject matter hereof,and there are no promises, agreements,conditions,or understandings, either oral or written, express or implied,between City and Property Owner, other than as are stated herein. Except as otherwise specifically provided herein,no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. P. NON-WAIVER. Failure of either Party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any Party's right to thereafter enforce such term,and any right or remedy hereunder may be asserted at any time after either party becomes entitled to the benefit thereof,notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. Q. APPLICABLE LAW. The validity,interpretation,performance and enforcement of this Agreement shall be governed by the laws of the State of Idaho, including, without limitation, Article VIII, Section 3, of the Idaho Constitution. Venue shall be in the courts of Ada County, Idaho. R. COMPLIANCE WITH LAWS. Throughout the course of this Agreement, the Parties shall comply with all applicable laws,ordinances, and codes of Federal, State,and local governments. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. The City's ordinances appertaining to the regulation, control, and use of its sewer and water systems,and any prospective amendments to and/or recodifications thereof, are specifically and without limitation incorporated into this Agreement as if set forth fully herein. S. ADVICE OF ATTORNEY. Each party warrants and represents that in executing this Agreement, it has received independent legal and financial advice from its attorney and/or financial advisor,or has had adequate opportunity to seek such advice. T. WARRANTY OF AUTHORITY.Each person executing and signatory to this Agreement represents and warrants that the execution, delivery, and performance of this Agreement has been duly authorized by all necessary action of each respective party; that such person is, at the time of execution, duly authorized by the respective Party's governing body to bind such Party in all respects; and acknowledges and agrees that this Agreement is and shall be a valid and binding obligation upon the Parties to this Agreement. U. APPROVAL REQUIRED: This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. PR PERTY WNER: STATE OF IDAHO ) IMM -4A ss: County of.14dA..Z____ ) -A... I HEREBY-CERTIFY that on this) day of �Ve '� �`/ 2024,before the unde�ne ,a Notary Public in the State !1 V of Idaho,_ Q�/P .4 manall appeared, Name (printed) proven to me to be the person who executed the said instrument,and acknowledged to me that he executed the same. .•.� L S !�•• IN WITNESS WHEREOF,I have hereunto set my hand • `mil • and affixed my official seal,the day and year in this i'ti� �OTA+; certificate fast above written. No. 20222g0g , • �i S Ci,•' 4NPublic fo�Io },��BL1 p •� %9 ` •��' OF l� • Residing at 1464--a)Qiyl Idaho My Commission Expires: CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor 3-26-2024 Chris Johnson, City Clerk 3-26-2024 STATE OF IDAHO ) ):Ss County of Ada ) On this 26th day of March ,2024,before me,a Notary Public,personally appeared Robert E.Simison and Chris Johnson,know or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Meridian ,Idaho My Commission Expires: 3-28-2028 ADA COUNTY RECORDER Trent Tripple 2024-015449 BOISE IDAHO Pgs=7 CHE FOWLER 03/27/2024 08:06 AM CITY OF MERIDIAN, IDAHO NO FEE RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Meridian 33 E.Broadway Avenue Meridian,ID 83642 TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR CONNECTION TO SEWER SERVICE: 136 E IDAHO AVE,MERIDIAN,ID 83642-0000 This TEMPORARY CONSTRUCITON EASEMENT AND AGREEMENT FOR CONNECTION TO SEWER SERVICE("Agreement")is made this 26th day of March -5 2024("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho,whose address is 33 East Broadway Avenue,Meridian,Idaho ("City"), and DAY SIDE LP,owner of the property at 136 E IDAHO AVE,Meridian,Idaho ("Property Owner")(collectively, "Parties"). WHEREAS,Property Owner is the owner of the property at 136 E IDAHO AVE, Meridian,Idaho,Ada County parcel no. R5 672000760,LOT 9 W 10,OF LOT 10 BLK 5 ("Property"); WHEREAS,the sewer line serving Property is currently located in the alley to the north of the Property; WHEREAS, in Spring 2024,pursuant to its authority under Idaho Code section 50-332, the City of Meridian will begin a public works project that includes installing a new sewer main along E. Idaho Avenue, from Meridian Road to 6th Street("Project"); WHEREAS,to improve efficiency and long-term viability of sewer service to properties along E. Idaho Avenue from Meridian Road to 6th Street, including the Property,the City has offered to assess the feasibility of rerouting the plumbing serving Property to connect to the new sewer line along E. Idaho Avenue, and, if it is feasible, to cause such work to be completed at the City's expense; and WHEREAS, Property Owner has accepted this offer and wishes to authorize City 1)to initiate the feasibility assessment, and 2)if the City determines that it is feasible, to include in the scope of work for the Project the rerouting of the plumbing serving the building at Property and its connection to the new sewer line; NOW,THEREFORE, for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged and agreed,and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein,the Parties agree as follows: I.COMMITMENTS BY CITY. A. FEASIBILITY ASSESSMENT. Within one hundred and eighty(180)days of execution of this Agreement, City shall conduct an assessment of the structural integrity,plumbing condition, and other factors and risks related to the feasibility of replumbing the building at Property to connect to the new sewer main to be placed in the right-of-way along E.Idaho Avenue. D. IF NOT FEASIBLE. If, in the City's sole discretion, it is not feasible to replumb the building at Property and connect it to the new sewer main to be placed in the right-of-way along E. Idaho Avenue,the City will take no further action with regard to the Property. C. IF FEASIBLE. If, in the City's sole discretion, it is feasible to replumb the building at Property to connect it to the new sewer main to be placed in the right-of-way along E. Idaho Avenue, City shall: 1. Add this work to the scope of work for the Project, and shall complete such work at the City's sole expense. This work shall include restoration of the interior and exterior of the Property to its general pre-Project condition, as nearly as is feasible. 2. Contact Property Owner to provide details regarding scheduling, timeline, and the next steps for completion of this work. 3. Select and hire a licensed plumber to install all related plumbing and infrastructure necessary to connect the building at Property to the new sewer main along E. Idaho Avenue. Such work shall be completed in accordance with the regulations of the Building Services Division of the City of Meridian Community Development Department, the City of Meridian Public Works Department,and any and all other applicable rules or laws. 4. As practicable,provide notice to Property Owner of any need to access the Property and building thereon in order to complete City's obligations under this Agreement. D. PROVISION OF SEWER SERVICES. At all times, City shall provide sewer services to the Subject Property, subject to necessary stoppages due to construction, and all applicable laws and City ordinances. City shall bill Property Owner for sewer usage according to the metering, accounting, and billing system in place under Meridian City Code and the policies and practices of the City of Meridian. II.COMMITMENTS BY PROPERTY OWNER. A. EASEMENT;RIGHT OF ENTRY. Property Owner authorizes the City, its consultants, agents, employees and/or contractors, a temporary easement over and across the Property, and the right to enter the Property and all buildings thereon,in order to complete all necessary work to fulfill City's obligations under this Agreement. City shall have and hold the temporary easement and right of entry until the Project is complete. Property Owner shall notify the occupant(s) of the building located on Property of the terms of this Agreement and instruct such occupant(s)to provide access to City, its consultants, and/or its contractors as necessary to complete the work described by this Agreement. B. NO GUARANTEE. Property Owner acknowledges that City may not elect to reroute the sewer service from the existing main in the alley to the new main in the right-of-way along E. Idaho Street. The City may decline to reroute the plumbing from the building on Property, if such work is not feasible, in City's sole discretion. C. PAYMENT FOR CITY SERVICES. Upon connection to and whenever Property is connected to the City's sewer system, regardless of the location of such connection, Property Owner shall pay to City all applicable fees and costs for services provided,as such fees are calculated and billed by City as set forth herein and established by law or City policy or ordinance. The exclusive remedy for any disputes,objections, or appeals regarding such fees and costs shall be with the Board of Adjustment,under the procedures set forth in Meridian City Code. D. OPERATION AND MAINTENANCE. Upon connection to and at all times Property is connected to the City's sewer system,regardless of the location of such connection,Property Owner shall be solely responsible for any and all costs related to operation and maintenance of all portions and functions of the plumbing between the sewer line and the Property served by the City sewer system. E. ACKNOWLEDGMENT OF SCOPE OF WORK. Property Owner acknowledges that construction related to the rerouting of plumbing and installation of new plumbing may require the temporary removal of landscaping,walkways,walls, flooring,and other structural aspects of the building at Property. While City shall restore the interior and exterior of the Property to the condition they were in prior to the Project,Property Owner shall be responsible for any other repair,maintenance, or other work where the need for same is revealed by the removal of walls and floors in order to complete the work contemplated by this Agreement. City shall not be responsible for any repair to structural, electrical, mechanical, or other systems at Property,even if such necessity is revealed by work undertaken pursuant to this Agreement or any other aspect of the Project. F. WAIVER. Property Owner acquits and forever discharges the City of Meridian, its employees, and agents, from any and all claims, actions, causes of action,demands,rights, damages, costs, expenses and additional compensation, including attorney fees,which Property Owner now has or may later realize in relation to any expense of any type related this Agreement or to Project,whether such expense is foreseen, unforeseen,known, or unknown. Except as may be provided in any written warranty provided by the contractor completing the work contemplated by this Agreement,Property Owner shall be solely responsible for any structural, electrical,mechanical, or other malfunction or damage occurring after completion of the work contemplated by this Agreement,and shall not make any claim or demand,or bring any cause of action against City for same. G. INDEMNIFICATION. Property Owner acknowledges that provision of services under this Agreement may carry risks of property damage,property loss,personal injury, illness, and/or death, some of which risks are unknown, and, with that knowledge, Property Owner hereby assumes all such risks and hazards. Property Owner shall indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Property Owner or Property Owner's tenants, agents, employees, guests, and/or business invitees. III.GENERAL PROVISIONS. A. TERM. This Agreement shall become effective on the Effective Date first written above, and shall be effective through the earlier of completion of the Project or September 30, 2024, unless earlier extended or terminated by the Parties. B. RECORDATION. City shall record this Agreement against the Property,at City's cost. C. TERMINATION. If City determines that Property Owner has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement; engaged in fraud, dishonesty,or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in,or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have seven(7) days after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. D. TERMINATION OR RESCISSION BY PROPERTY OWNER.If,prior to initiation of construction as part of Project, Property Owner terminates this Agreement, and/or rescinds Property Owner's acceptance of City's offer to assess and potentially reroute the service line,for any reason,the City shall not be responsible for any costs related to the Project or the Project's impact on Property, other than connecting the Property's existing plumbing to the rehabilitated main when complete. E. CITY NOT RESPONSIBLE FOR OTHER COSTS. Property Owner acknowledges and agrees that except as explicitly stated in this Agreement, the City will not be responsible for any costs Property Owner may incur as a result of or otherwise attributable to the Project, whether such costs are related to known or unknown risks or factors. Specifically, without limitation, City shall not be responsible for any lost business or other revenue during or attributable to the Project, nor for any plumbing- or sewer-related costs following Project completion. F. DAY-TO-DAY COMMUNICATIONS. Communication between Property Owner and City regarding day-to-day matters (e.g., issues related to construction,property entry, scheduling, etc.)shall occur via e-mail or telephone. City shall provide Property Owner the name, e-mail address, and telephone number of specific City personnel ("City Contact")who shall serve as the liaison between City and Property Owner for all day-to-day matters. Property Owner shall provide City the name,e-mail address, and telephone number of the specific person ("Property Owner Contact")who shall serve as the liaison between Property Owner and City for all day-to-day matters. G. ALL OTHER NOTICES. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when sent via e-mail,personally served, or mailed via United States mail,to the following personnel and address: If to Ci If to Prom Owner: City Clerk, City of Meridian DAY SIDE LP 33 E. Broadway Ave. 726 S VISTA AVE Meridian, Idaho 83642 BOISE, ID 83705-0000 cityclerk@meridiancity.org Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change,establishing a new address for noticing purposes, in accordance with the requirements of this section. H. LIMITATION OF LIABILITY. City is not liable for consequential, indirect, incidental, special, exemplary,punitive, or enhanced damages arising out of or relating to any breach of this Agreement, whether or not such damages are foreseeable or Property Owner was advised of the possibility of such damages, regardless of the legal or equitable theory(contract,tort or otherwise)upon which the claim is based, and notwithstanding the failure of any agreed or other remedy of its essential purpose. This limitation of City's liability shall not apply to (i) liability resulting from City's gross negligence or willful misconduct and(ii)death or bodily injury resulting from City's acts or omissions. I. FORCE MAJEURE.No Party will be liable for failure to perform any duty under this Agreement where such failure is due to or made impracticable by unforeseeable causes beyond the Parties' control and without the fault or negligence of the Parties, including,but not restricted to, acts of God or the public enemy, fire, flood,natural disaster,epidemic, strike, or order of any court or authorized agency. J. BINDING UPON SUCCESSORS. Except as otherwise specifically provided herein, this Agreement shall be binding upon any and all owners of the Property, any and all subsequent owners thereof, and each and every other person acquiring an interest in the Property. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the Property, or any portion thereof, except that any sale or alienation shall occur subject to the provisions of this Agreement, and any successive owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. K. SEVERABILITY. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any other provision or provisions contained herein. L. 'THIRD-PARTY BENEFICIARIES. This Agreement is not intended to create,nor shall it in any way be interpreted or construed to create,any third-party beneficiary rights in any person or entity not a party hereto. M. No REAL PROPERTY INTEREST. It is expressly understood that this Easement does not in any way whatsoever grant or convey any permanent easement, lease, fee or other interest in the Property to the City. N. ATTORNEY FEES. Should any litigation be commenced between the Parties concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted,to court costs and reasonable attorney fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter alia, any default,termination, or forfeiture of this Agreement. O. ENTIRE AGREEMENT. This Agreement sets forth all promises, inducements, agreements, conditions, and understandings between City and Property Owner relative to the subject matter hereof, and there are no promises, agreements,conditions, or understandings,either oral or written, express or implied,between City and Property Owner, other than as are stated herein. Except as otherwise specifically provided herein,no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. P. NON-WAIVER. Failure of either Party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any Party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise,the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. Q. APPLICABLE LAW. The validity, interpretation,performance and enforcement of this Agreement shall be governed by the laws of the State of Idaho, including, without limitation, Article VM, Section 3, of the Idaho Constitution. Venue shall be in the courts of Ada County, Idaho. R. COMPLIANCE WITH LAWS. Throughout the course of this Agreement, the Parties shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. The City's ordinances appertaining to the regulation, control, and use of its sewer and water systems, and any prospective amendments to and/or recodifications thereof, are specifically and without limitation incorporated into this Agreement as if set forth fully herein. S. ADVICE OF ATTORNEY. Each party warrants and represents that in executing this Agreement, it has received independent legal and financial advice from its attorney and/or financial advisor, or has had adequate opportunity to seek such advice. T. WARRANTY OF AUTHORITY. Each person executing and signatory to this Agreement represents and warrants that the execution, delivery, and performance of this Agreement has been duly authorized by all necessary action of each respective party; that such person is, at the time of execution, duly authorized by the respective Party's governing body to bind such Party in all respects; and acknowledges and agrees that this Agreement is and shall be a valid and binding obligation upon the Parties to this Agreement. U. APPROVAL REQUIRED: This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. PROPERTY OWNER: STATE OF IDAHO ) ) ss: County of �, ) I HEREBY CLiRTIFY that on thiZ- day oQa, Si ature: 2024,bemire the undersi ned,a Notary Public in the StaU of Idaho, personally appeare Name proven to me to be thftged on ho -xecuted the said instrument,and ackno t&wb that he executed the +++++0+++*� same. •�+ E �!++ IN WITNESS WHEREOF,I have hereunto set my hand ,'�pTA�p'�O�► and affixed my official seal,the day and year in this �► j.`. ccrtificat Lbove itten. + + S"A OOMMtBBION; i Na�ls ; �% e \ otary Public for Idaho •+'., OF ++ Residing at_1 ► �r7�1n SA Idaho My Commission Expires: tz _ CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor 3-26-2024 Chris Johnson, City Clerk 3-26-2024 STATE OF IDAHO ) ): ss County of Ada ) On this 26th day of March 2024,before me,a Notary Public,personally appeared Robert E.Simison and Chris Johnson,know or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Meridian Idaho My Commission Expires: 3-28-2028 RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: City Clerk City of Meridian 33 E.Broadway Avenue Meridian,ID 83642 TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR CONNECTION TO SEWER SERVICE: 140 E IDAHO AVE,MERIDIAN,ID 83642-0000 This TEMPORARY CONSTRUCITON EASEMENT AND AGREEMENT FOR CONNECTION TO SEWER SERVICE ("Agreement") is made this 26thday of March , 2024 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho ("City"), and NOVEMBREWHISKY PROPERTIES LLC, owner of the property at 140 E IDAHO AVE,Meridian, Idaho ("Property Owner") (collectively, "Parties"). WHEREAS,Property Owner is the owner of the property at 140 E IDAHO AVE, Meridian,Idaho,Ada County parcel no.R5672000770,E 20' OF LOT 10 BLK 5 ("Property"); WHEREAS,the sewer line serving Property is currently located in the alley to the north of the Property; WHEREAS, in Spring 2024,pursuant to its authority under Idaho Code section 50-332, the City of Meridian will begin a public works project that includes installing a new sewer main along E. Idaho Avenue, from Meridian Road to 6th Street("Project"); WHEREAS,to improve efficiency and long-term viability bf sewer service to properties along E. Idaho Avenue from Meridian Road to 6th Street, including the Property, the City has offered to assess the feasibility of rerouting the plumbing serving Property to connect to the new sewer line along E. Idaho Avenue, and, if it is feasible,to cause such work to be completed at the City's expense; and WHEREAS, Property Owner has accepted this offer and wishes to authorize City 1) to initiate the feasibility assessment, and 2) if the City determines that it is feasible,to include in the scope of work for the Project the rerouting of the plumbing serving the building at Property and its connection to the new sewer line; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein,the Parties agree as follows: I.COMMITMENTS BY CITY. A. FEASIBILITY ASSESSMENT. Within one hundred and eighty(180) days of execution of this Agreement, City shall conduct an assessment of the structural integrity,plumbing condition, and other factors and risks related to the feasibility of replumbing the building at Property to connect to the new sewer main to be placed in the right-of-way along E.Idaho Avenue. B. IF NOT FEASIBLE. If, in the City's sole discretion, it is not feasible to replumb the building at Property and connect it to the new sewer main to be placed in the right-of-way along E. Idaho Avenue,the City will take no further action with regard to the Property. C. IF FEASIBLE. If, in the City's sole discretion, it is feasible to replumb the building at Property to connect it to the new sewer main to be placed in the right-of-way along E. Idaho Avenue, City shall: 1. Add this work to the scope of work for the Project,and shall complete such work at the City's sole expense. This work shall include restoration of the interior and exterior of the Property to its general pre-Project condition, as nearly as is feasible. 2. Contact Property Owner to provide details regarding scheduling, timeline, and the next steps for completion of this work. 3. Select and hire a licensed plumber to install all related plumbing and infrastructure necessary to connect the building at Property to the new sewer main along E. Idaho Avenue. Such work shall be completed in accordance with the regulations of the Building Services Division of the City of Meridian Community Development Department,the City of Meridian Public Works Department, and any and all other applicable rules or laws. 4. As practicable, provide notice to Property Owner of any need to access the Property and building thereon in order to complete City's obligations under this Agreement. D. PROVISION OF SEWER SERVICES. At all times, City shall provide sewer services to the Subject Property, subject to necessary stoppages due to construction, and all applicable laws and City ordinances. City shall bill Property Owner for sewer usage according to the metering, accounting, and billing system in place under Meridian City Code and the policies and practices of the City of Meridian. II.COMMITMENTS BY PROPERTY OWNER. A. EASEMENT; RIGHT OF ENTRY. Property Owner authorizes the City, its consultants, agents, employees and/or contractors, a temporary easement over and across the Property, and the right to enter the Property and all buildings thereon,in order to complete all necessary work to fulfill City's obligations under this Agreement. City shall have and hold the temporary easement and right of entry until the Project is complete. Property Owner shall notify the occupant(s) of the building located on Property of the terms of this Agreement and instruct such occupant(s)to provide access to City, its consultants, and/or its contractors as necessary to complete the work described by this Agreement. B. NO GUARANTEE. Property Owner acknowledges that City may not elect to reroute the sewer service from the existing main in the alley to the new main in the right-of-way along E. Idaho Street. The City may decline to reroute the plumbing from the building on Property, if such work is not feasible, in City's sole discretion. C. PAYMENT FOR CITY SERVICES. Upon connection to and whenever Property is connected to the City's sewer system, regardless of the location of such connection, Property Owner shall pay to City all applicable fees and costs for services provided,as such fees are calculated and billed by City as set forth herein and established by law or City policy or ordinance. The exclusive remedy for any disputes, objections,or appeals regarding such fees and costs shall be with the Board of Adjustment, under the procedures set forth in Meridian City Code. D. OPERATION AND MAINTENANCE. Upon connection to and at all times Property is connected to the City's sewer system,regardless of the location of such connection, Property Owner shall be solely responsible for any and all costs related to operation and maintenance of all portions and functions of the plumbing between the sewer line and the Property served by the City sewer system. E. ACKNOWLEDGMENT OF SCOPE OF WORK. Property Owner acknowledges that construction related to the rerouting of plumbing and installation of new plumbing may require the temporary removal of landscaping,walkways,walls, flooring,and other structural aspects of the building at Property. While City shall restore the interior and exterior of the Property to the condition they were in prior to the Project,Property Owner shall be responsible for any other repair, maintenance, or other work where the need for same is revealed by the removal of walls and floors in order to complete the work contemplated by this Agreement. City shall not be responsible for any repair to structural,electrical,mechanical,or other systems at Property, even if such necessity is revealed by work undertaken pursuant to this Agreement or any other aspect of the Project. F. WAIVER. Property Owner acquits and forever discharges the City of Meridian, its employees, and agents, from any and all claims, actions, causes of action, demands,rights, damages, costs, expenses and additional compensation, including attorney fees, which Property Owner now has or may later realize in relation to any expense of any type related this Agreement or to Project,whether such expense is foreseen, unforeseen, known, or unknown. Except as may be provided in any written warranty provided by the contractor completing the work contemplated by this Agreement, Property Owner shall be solely responsible for any structural, electrical, mechanical, or other malfunction or damage occurring after completion of the work contemplated by this Agreement, and shall not make any claim or demand, or bring any cause of action against City for same. G. INDEMNIFICATION.Property Owner acknowledges that provision of services under this Agreement may carry risks of property damage,property loss,personal injury, illness, and/or death, some of which risks are unknown, and,with that knowledge,Property Owner hereby assumes all such risks and hazards. Property Owner shall indemnify, save, and hold harmless the City and any and all of its employees, agents,volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Property Owner or Property Owner's tenants, agents, employees, guests, and/or business invitees. III. GENERAL PROVISIONS. A. TERM. This Agreement shall become effective on the Effective Date first written above, and shall be effective through the earlier of completion of the Project or September 30, 2024, unless earlier extended or terminated by the Parties. B. RECORDATION. City shall record this Agreement against the Property, at City's cost. C. TERMINATION. If City determines that Property Owner has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement; engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have seven(7) days after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. D. TERMINATION OR RESCISSION BY PROPERTY OWNER If,prior to initiation of construction as part of Project,Property Owner terminates this Agreement, and/or rescinds Property Owner's acceptance of City's offer to assess and potentially reroute the service line, for any reason,the City shall not be responsible for any costs related to the Project or the Project's impact on Property, other than connecting the Property's existing plumbing to the rehabilitated main when complete. E. CITY NOT RESPONSIBLE FOR OTHER COSTS. Property Owner acknowledges and agrees that except as explicitly stated in this Agreement, the City will not be responsible for any costs Property Owner may incur as a result of or otherwise attributable to the Project, whether such costs are related to known or unknown risks or factors. Specifically, without limitation, City shall not be responsible for any lost business or other revenue during or attributable to the Project,nor for any plumbing-or sewer-related costs following Project completion. F. DAY-TO-DAY COMMUNICATIONS. Communication between Property Owner and City regarding day-to-day matters (e.g., issues related to construction,property entry, scheduling, etc.) shall occur via e-mail or telephone. City shall provide Property Owner the name, e-mail address, and telephone number of specific City personnel ("City Contact")who shall serve as the liaison between City and Property Owner for all day-to-day matters. Property Owner shall provide City the name, e-mail address, and telephone number of the specific person ("Property Owner Contact") who shall serve as the liaison between Property Owner and City for all day-to-day matters. G. ALL OTHER NOTICES. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when sent via e-mail,personally served, or mailed via United States mail,to the following personnel and address: If to City: If to Property Owner: City Clerk, City of Meridian NOVEMBREWHISKY 33 E. Broadway Ave. PROPERTIES LLC Meridian, Idaho 83642 140 E IDAHO AVE cityclerk@meridiancity.org MERIDIAN,ID 83642-0000 Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change,establishing a new address for noticing purposes, in accordance with the requirements of this section. H. LIMITATION OF LIABILITY. City is not liable for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages arising out of or relating to any breach of this Agreement,whether or not such damages are foreseeable or Property Owner was advised of the possibility of such damages, regardless of the legal or equitable theory(contract, tort or otherwise)upon which the claim is based, and notwithstanding the failure of any agreed or other remedy of its essential purpose. This limitation of City's liability shall not apply to (i) liability resulting from City's gross negligence or willful misconduct and(ii) death or bodily injury resulting from City's acts or omissions. I. FORCE MAJEURE.No Party will be liable for failure to perform any duty under this Agreement where such failure is due to or made impracticable by unforeseeable causes beyond the Parties' control and without the fault or negligence of the Parties, including, but not restricted to, acts of God or the public enemy, fire, flood, natural disaster, epidemic, strike, or order of any court or authorized agency. J. BINDING UPON SUCCESSORS. Except as otherwise specifically provided herein,this Agreement shall be binding upon any and all owners of the Property, any and all subsequent owners thereof, and each and every other person acquiring an interest in the Property. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the Property, or any portion thereof, except that any sale or alienation shall occur subject to the provisions of this Agreement, and any successive owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. K. SEVERABILITY. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any other provision or provisions contained herein. L. THIRD-PARTY BENEFICIARIES. This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person or entity not a party hereto. M. NO REAL PROPERTY INTEREST. It is expressly understood that this Easement does not in any way whatsoever grant or convey any permanent easement, lease, fee or other interest in the Property to the City. N. ATTORNEY FEES. Should any litigation be commenced between the Parties concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted,to court costs and reasonable attorney fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter alia, any default,termination, or forfeiture of this Agreement. O. ENTIRE AGREEMENT. This Agreement sets forth all promises,inducements,agreements, conditions, and understandings between City and Property Owner relative to the subject matter hereof, and there are no promises, agreements, conditions, or understandings, either oral or written, express or implied,between City and Property Owner, other than as are stated herein. Except as otherwise specifically provided herein, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. P. NON-WAIVER. Failure of either Party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any Party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after either party becomes entitled to the benefit thereof,notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise,the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. Q. APPLICABLE LAW. The validity, interpretation,performance and enforcement of this Agreement shall be governed by the laws of the State of Idaho, including,without limitation, Article VIII, Section 3, of the Idaho Constitution. Venue shall be in the courts of Ada County, Idaho. R. COMPLIANCE WITH LAWS. Throughout the course of this Agreement,the Parties shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho,and the ordinances of the City of Meridian. The City's ordinances appertaining to the regulation,control, and use of its sewer and water systems, and any prospective amendments to and/or recodifications thereof, are specifically and without limitation incorporated into this Agreement as if set forth fully herein. S. ADVICE OF ATTORNEY. Each party warrants and represents that in executing this Agreement, it has received independent legal and financial advice from its attorney and/or financial advisor, or has had adequate opportunity to seek such advice. T. WARRANTY OF AUTHORITY. Each person executing and signatory to this Agreement represents and warrants that the execution, delivery, and performance of this Agreement has been duly authorized by all necessary action of each respective parry;that such person is, at the time of execution, duly authorized by the respective Party's governing body to bind such Party in all respects; and acknowledges and agrees that this Agreement is and shall be a valid and binding obligation upon the Parties to this Agreement. U. APPROVAL REQUIRED: This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. PROPERTY OWNER: STATE OF IDAHO ) C ) ss: County of. _ � I IJERFBY CERTIFY that on this day of Signal ure: 2024,before the undersi ed,a Notary Public in the State s S f-t U!� L Vp►2�' of Idaho, ersonal ly appeared, Name (printed) proven to me to be the person who cxccuted the said instrument,and acknowledged to me that he executed the same. .••'.'•••. IN WITNESS WHERFOF, I have hereunto set my hand �•'��------ and affixed my official seal,the day and year in this 0TA,0 certificate first above written. 1021 ;• J Notary ul is for[dal •�:���: t tl �` •• • Residing at_ [ [� Idaho •�A•Y�•• 1 L! My Commission Expires: CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor 3-26-2024 Chris Johnson, City Clerk 3-26-2024 STATE OF IDAHO ) ):ss County of Ada On this 26thday of March ,2024,before me,a Notary Public, personally appeared Robert E. Simison and Chris Johnson,know or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WI-IEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Rcsiding at_ Merdian Idaho My Commission Expires: 3-28-2028 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Meridian 33 E.Broadway Avenue Meridian, !D 83642 TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR CONNECTION TO SEWER SERVICE: 240 E IDAHO AVE, MERIDIAN, ID 83642-0000 This TEMPORARY CONSTRUCITON EASEMENT AND AGREEMENT FOR CONNECTION TO SEWER SERVICE ("Agreement") is made this 26th day of March , 2024("Effective Date"),by and between the City of Meridian, a municipal corporatio organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho ("City"), and UNITED METHODIST CHURCH OF MERIDIAN, owner of the property at 240 E IDAHO AVE,Meridian,Idaho("Property Owner")(collectively, "Parties"). WHEREAS, Property Owner is the owner of the property at 240 E IDAHO AVE, Meridian, Idaho,Ada County parcel no. R7596000040, LOTS 7 TO 12 INC BLK 1 ("Property"); WHEREAS, the sewer line serving Property is currently located in the alley to the north of the Property; WHEREAS, in Spring 2024, pursuant to its authority under Idaho Code section 50-332, the City of Meridian will begin a public works project that includes installing a new sewer main along E. Idaho Avenue, from Meridian Road to 6th Street ("Project"); WHEREAS, to improve efficiency and long-term viability of sewer service to properties along E. Idaho Avenue from Meridian Road to 6th Street,including the Property,the City has offered to assess the feasibility of rerouting the plumbing serving Property to connect to the new sewer line along E. Idaho Avenue, and, if it is feasible,to cause such work to be completed at the City's expense; and WHEREAS, Property Owner has accepted this offer and wishes to authorize City 1) to initiate the feasibility assessment, and 2) if the City determines that it is feasible, to include in the scope of work for the Project the rerouting of the plumbing serving the building at Property and its connection to the new sewer line; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein,the Parties agree as follows: I.COMMITMENTS BY CITY. A. FEASIBILITY ASSESSMENT. Within one hundred and eighty(180) days of execution of this Agreement, City shall conduct an assessment of the structural integrity,plumbing condition, and other factors and risks related to the feasibility of replumbing the building at Property to connect to the new sewer main to be placed in the right-of-way along E. Idaho Avenue. B. IF NOT FEASIBLE.If, in the City's sole discretion, it is not feasible to replumb the building at Property and connect it to the new sewer main to be placed in the right-of-way along E. Idaho Avenue, the City will take no further action with regard to the Property. C. IF FEASIBLE.If, in the City's sole discretion, it is feasible to replumb the building at Property to connect it to the new sewer main to be placed in the right-of-way along E. Idaho Avenue, City shall: 1. Add this work to the scope of work for the Project, and shall complete such work at the City's sole expense. This work shall include restoration of the interior and exterior of the Property to its general pre-Project condition, as nearly as is feasible. 2. Contact Property Owner to provide details regarding scheduling, timeline, and the next steps for completion of this work. 3. Select and hire a licensed plumber to install all related plumbing and infrastructure necessary to connect the building at Property to the new sewer main along E. Idaho Avenue. Such work shall be completed in accordance with the regulations of the Building Services Division of the City of Meridian Community Development Department,the City of Meridian Public Works Department, and any and all other applicable rules or laws. 4. As practicable, provide notice to Property Owner of any need to access the Property and building thereon in order to complete City's obligations under this Agreement. D. PROVISION OF SEWER SERVICES. At all times, City shall provide sewer services to the Subject Property, subject to necessary stoppages due to construction,and all applicable laws and City ordinances. City shall bill Property Owner for sewer usage according to the metering, accounting, and billing system in place under Meridian City Code and the policies and practices of the City of Meridian. II. COMMTMENTS BY PROPERTY OWNER. A. EASEMENT;RIGHT OF ENTRY. Property Owner authorizes the City, its consultants, agents, employees and/or contractors, a temporary easement over and across the Property, and the right to enter the Property and all buildings thereon,in order to complete all necessary work to fulfill City's obligations under this Agreement. City shall have and hold the temporary easement and right of entry until the Project is complete. Property Owner shall notify the occupant(s)of the building located on Property of the terms of this Agreement and instruct such occupant(s) to provide access to City, its consultants, and/or its contractors as necessary to complete the work described by this Agreement. B. NO GUARANTEE. Property Owner acknowledges that City may not elect to reroute the sewer service from the existing main in the alley to the new main in the right-of-way along E. Idaho Street. The City may decline to reroute the plumbing from the building on Property, if such work is not feasible, in City's sole discretion. C. PAYMENT FOR CITY SERVICES. Upon connection to and whenever Property is connected to the City's sewer system, regardless of the location of such connection,Property Owner shall pay to City all applicable fees and costs for services provided, as such fees are calculated and billed by City as set forth herein and established by law or City policy or ordinance. The exclusive remedy for any disputes, objections, or appeals regarding such fees and costs shall be with the Board of Adjustment, under the procedures set forth in Meridian City Code. D. OPERATION AND MAINTENANCE. Upon connection to and at all times Property is connected to the City's sewer system,regardless of the location of such connection,Property Owner shall be solely responsible for any and all costs related to operation and maintenance of all portions and functions of the plumbing between the sewer line and the Property served by the City sewer system. E. ACKNOWLEDGMENT OF SCOPE OF WORK. Property Owner acknowledges that construction related to the rerouting of plumbing and installation of new plumbing may require the temporary removal of landscaping,walkways, walls,flooring,and other structural aspects of the building at Property. While City shall restore the interior and exterior of the Property to the condition they were in prior to the Project, Property Owner shall be responsible for any other repair,maintenance, or other work where the need for same is revealed by the removal of walls and floors in order to complete the work contemplated by this Agreement. City shall not be responsible for any repair to structural,electrical,mechanical, or other systems at Property,even if such necessity is revealed by work undertaken pursuant to this Agreement or any other aspect of the Project. F. WAIVER. Property Owner acquits and forever discharges the City of Meridian, its employees, and agents, from any and all claims, actions, causes of action, demands, rights, damages, costs, expenses and additional compensation, including attorney fees, which Property Owner now has or may later realize in relation to any expense of any type related this Agreement or to Project, whether such expense is foreseen,unforeseen,known, or unknown. Except as may be provided in any written warranty provided by the contractor completing the work contemplated by this Agreement, Property Owner shall be solely responsible for any structural, electrical,mechanical, or other malfunction or damage occurring after completion of the work contemplated by this Agreement, and shall not make any claim or demand, or bring any cause of action against City for same. G. INDEMNIFICATION. Property Owner acknowledges that provision of services under this Agreement may carry risks of property damage,property loss, personal injury, illness, and/or death, some of which risks are unknown, and, with that knowledge, Property Owner hereby assumes all such risks and hazards. Property Owner shall indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Property Owner or Property Owner's tenants, agents, employees, guests, and/or business invitees. III.GENERAL PROVISIONS. A. TERM. This Agreement shall become effective on the Effective Date first written above, and shall be effective through the earlier of completion of the Project or September 30, 2024, unless earlier extended or terminated by the Parties. B. RECORDATION. City shall record this Agreement against the Property, at City's cost. C. TERMINATION. If City determines that Property Owner has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement; engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have seven(7) days after receipt of such notice to cure the default. if the default is not cured within such period,this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. D. TERMINATION OR RESCISSION BY PROPERTY OWNER.If, prior to initiation of construction as part of Project, Property Owner terminates this Agreement, and/or rescinds Property Owner's acceptance of City's offer to assess and potentially reroute the service line, for any reason, the City shall not be responsible for any costs related to the Project or the Project's impact on Property, other than connecting the Property's existing plumbing to the rehabilitated main when complete. E. CITY NOT RESPONSIBLE FOR OTHER COSTS. Property Owner acknowledges and agrees that except as explicitly stated in this Agreement,the City will not be responsible for any costs Property Owner may incur as a result of or otherwise attributable to the Project, whether such costs are related to known or unlnown risks or factors. Specifically,without limitation,City shall not be responsible for any lost business or other revenue during or attributable to the Project,nor for any plumbing-or sewer-related costs following Project completion. F. DAY-TO-DAY COMMUNICATIONS. Communication between Property Owner and City regarding day-to-day matters (e.g.,issues related to construction,property entry, scheduling, etc.) shall occur via e-mail or telephone. City shall provide Property Owner the name, e-mail address, and telephone number of specific City personnel ("City Contact") who shall serve as the liaison between City and Property Owner for all day-to-day matters. Property Owner shall provide City the name, e-mail address, and telephone number of the specific person ("Property Owner Contact") who shall serve as the liaison between Property Owner and City for all day-to-day matters. G. ALL OTHER NOTICES. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when sent via e-mail,personally served, or mailed via United States mail,to the following personnel and address: If to City; If to Property Owner: City Clerk, City of Meridian UNITED METHODIST CHURCH 33 E. Broadway Ave. OF MERIDIAN Meridian, Idaho 83642 235 E PINE AVE cityclerk@meridiancity.org MERIDIAN,ID 83642-0000 Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change, establishing a new address for noticing purposes, in accordance with the requirements of this section. H. LINUTATION OF LIABILITY. City is not liable for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages arising out of or relating to any breach of this Agreement, whether or not such damages are foreseeable or Property Owner was advised of the possibility of such damages,regardless of the legal or equitable theory(contract, tort or otherwise) upon which the claim is based, and notwithstanding the failure of any agreed or other remedy of its essential purpose.This limitation of City's liability shall not apply to (i) liability resulting from City's gross negligence or willful misconduct and(ii) death or bodily injury resulting from City's acts or omissions. I. FORCE MAJEURE.No Party will be liable for failure to perform any duty under this Agreement where such failure is due to or made impracticable by unforeseeable causes beyond the Parties' control and without the fault or negligence of the Parties,including, but not restricted to, acts of God or the public enemy, fire, flood, natural disaster, epidemic, strike,or order of any court or authorized agency. J. BINDING UPON SUCCESSORS. Except as otherwise specifically provided herein, this Agreement shall be binding upon any and all owners of the Property, any and all subsequent owners thereof, and each and every other person acquiring an interest in the Property. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the Property, or any portion thereof, except that any sale or alienation shall occur subject to the provisions of this Agreement, and any successive owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. K. SEVERABILITY. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any other provision or provisions contained herein. L. THIRD-PARTY BENEFICIARIES. This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person or entity not a party hereto. M. NO REAL PROPERTY INTEREST. It is expressly understood that this Easement does not in any way whatsoever grant or convey any permanent easement, lease, fee or other interest in the Property to the City. N. ATTORNEY FEES. Should any litigation be commenced between the Parties concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter alia, any default, termination, or forfeiture of this Agreement. O. ENTIRE AGREEMENT. This Agreement sets forth all promises, inducements, agreements, conditions, and understandings between City and Property Owner relative to the subject matter hereof, and there are no promises, agreements, conditions, or understandings, either oral or written, express or implied,between City and Property Owner, other than as are stated herein. Except as otherwise specifically provided herein,no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. P. NON-WAIVER. Failure of either Party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any Party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. Q. APPLICABLE LAW. The validity, interpretation, performance and enforcement of this Agreement shall be governed by the laws of the State of Idaho, including,without limitation, Article VIII, Section 3, of the Idaho Constitution. Venue shall be in the courts of Ada County, Idaho. R. COMPLIANCE WITH LAWS. Throughout the course of this Agreement, the Parties shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho,and the ordinances of the City of Meridian. The City's ordinances appertaining to the regulation, control, and use of its sewer and water systems, and any prospective amendments to and/or recodifications thereof, are specifically and without limitation incorporated into this Agreement as if set forth fully herein. S. ADVICE OF ATTORNEY. Each party warrants and represents that in executing this Agreement, it has received independent legal and financial advice from its attorney and/or financial advisor, or has had adequate opportunity to seek such advice. T. WARRANTY OF AUTHORITY. Each person executing and signatory to this Agreement represents and warrants that the execution, delivery, and performance of this Agreement has been duly authorized by all necessary action of each respective party;that such person is, at March 26th Meridian 3-28-2028 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Meridian 33 E.Broadway Avenue Meridian,ID 83642 TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR CONNECTION TO SEWER SERVICE: 720 N MAIN ST, MEREDIAN,ID 83642-0000 This TEMPORARY CONSTRUCITON EASEMENT AND AGREEMENT FOR CONNECTION TO SEWER SERVICE ("Agreement") is made this 26thday of March —�2024("Effective Date"),by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho,whose address is 33 East Broadway Avenue,Meridian, Idaho ("City"),and BOANERGES LLC,owner of the property at 720 N MAIN ST, Meridian,Idaho ("Property Owner")(collectively, "Parties"). WHEREAS,Property Owner is the owner of the property at 720 N MAIN ST, Meridian, Idaho,Ada County parcel no. R5672000690, S 30°OF LOTS 19&20("Property"); WHEREAS,the sewer line serving Property is currently located in the alley to the north of the Property; WHEREAS, in Spring 2024,pursuant to its authority under Idaho Code section 50-332, the City of Meridian will begin a public works project that includes installing a new sewer main along E. Idaho Avenue, from Meridian Road to 6th Street("Project"); WHEREAS,to improve efficiency and long-term viability of sewer service to properties along E. Idaho Avenue from Meridian Road to 6th Street, including the Property, the City has offered to assess the feasibility of rerouting the plumbing serving Property to connect to the new sewer line along E. Idaho Avenue, and,if it is feasible, to cause such work to be completed at the City's expense; and WHEREAS, Property Owner has accepted this offer and wishes to authorize City 1)to initiate the feasibility assessment, and 2)if the City determines that it is feasible, to include in the scope of work for the Project the rerouting of the plumbing serving the building at Property and its connection to the new sewer line; NOW, THEREFORE, for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above,which are incorporated herein, the Parties agree as follows: I.CommITMENTS BY CITY. A. FEASIBILITY ASSESSMENT.Within one hundred and eighty(180)days of execution of this Agreement, City shall conduct an assessment of the structural integrity,plumbing condition, and other factors and risks related to the feasibility of replumbing the building at Property to connect to the new sewer main to be placed in the right-of-way along E. Idaho Avenue. B. IF NOT FEASIBLE. If,in the City's sole discretion, it is not feasible to replumb the building at Property and connect it to the new sewer main to be placed in the right-of-way along E. Idaho Avenue,the City will take no further action with regard to the Property. C. IF FEASIBLE.If, in the City's sole discretion, it is feasible to replumb the building at Property to connect it to the new sewer main to be placed in the right-of-way along E. Idaho Avenue, City shall: 1. Add this work to the scope of work for the Project, and shall complete such work at the City's sole expense. This work shall include restoration of the interior and exterior of the Property to its general pre-Project condition,as nearly as is feasible. 2. Contact Property Owner to provide details regarding scheduling,timeline, and the next steps for completion of this work. 3. Select and hire a licensed plumber to install all related plumbing and infrastructure necessary to connect the building at Property to the new sewer main along E. Idaho Avenue. Such work shall be completed in accordance with the regulations of the Building Services Division of the City of Meridian Community Development Department,the City of Meridian Public Works Department, and any and all other applicable rules or laws. 4. As practicable,provide notice to Property Owner of any need to access the Property and building thereon in order to complete City's obligations under this Agreement. D. PROVISION OF SEWER SERVICES. At all times, City shall provide sewer services to the Subject Property, subject to necessary stoppages due to construction, and all applicable laws and City ordinances. City shall bill Property Owner for sewer usage according to the metering, accounting, and billing system in place under Meridian City Code and the policies and practices of the City of Meridian. II.COMMITMENTS BY PROPERTY OWNER. A. EASEMENT;RIGHT OF ENTRY. Property Owner authorizes the City,its consultants, agents, employees and/or contractors,a temporary easement over and across the Property,and the right to enter the Property and all buildings thereon, in order to complete all necessary work to fulfill City's obligations under this Agreement. City shall have and hold the temporary easement and right of entry until the Project is complete. Property Owner shall notify the occupant(s)of the building located on Property of the terms of this Agreement and instruct such occupant(s)to provide access to City,its consultants, and/or its contractors as necessary to complete the work described by this Agreement. B. No GUARANTEE. Property Owner acknowledges that City may not elect to reroute the sewer service from the existing main in the alley to the new main in the right-of-way along E. Idaho Street. The City may decline to reroute the plumbing from the building on Property, if such work is not feasible, in City's sole discretion. C. PAYMENT FOR CITY SERVICES. Upon connection to and whenever Property is connected to the City's sewer system,regardless of the location of such connection, Property Owner shall pay to City all applicable fees and costs for services provided,as such fees are calculated and billed by City as set forth herein and established by law or City policy or ordinance. The exclusive remedy for any disputes, objections, or appeals regarding such fees and costs shall be with the Board of Adjustment,under the procedures set forth in Meridian City Code. D. OPERATION AND MAINTENANCE. Upon connection to and at all times Property is connected to the City's sewer system, regardless of the location of such connection,Property Owner shall be solely responsible for any and all costs related to operation and maintenance of all portions and functions of the plumbing between the sewer line and the Property served by the City sewer system. E. ACKNOWLEDGMENT OF SCOPE OF WORK. Property Owner acknowledges that construction related to the rerouting of plumbing and installation of new plumbing may require the temporary removal of landscaping,walkways,walls, flooring,and other structural aspects of the building at Property. While City shall restore the interior and exterior of the Property to the condition they were in prior to the Project,Property Owner shall be responsible for any other repair,maintenance, or other work where the need for same is revealed by the removal of walls and floors in order to complete the work contemplated by this Agreement. City shall not be responsible for any repair to structural,electrical,mechanical,or other systems at Property, even if such necessity is revealed by work undertaken pursuant to this Agreement or any other aspect of the Project. F. WAIVER. Property Owner acquits and forever discharges the City of Meridian,its employees,and agents,from any and all claims,actions,causes of action, demands,rights, damages,costs, expenses and additional compensation, including attorney fees,which Property Owner now has or may later realize in relation to any expense of any type related this Agreement or to Project,whether such expense is foreseen,unforeseen, known,or unknown. Except as may be provided in any written warranty provided by the contractor completing the work contemplated by this Agreement, Property Owner shall be solely responsible for any structural, electrical, mechanical,or other malfunction or damage occurring after completion of the work contemplated by this Agreement, and shall not make any claim or demand, or bring any cause of action against City for same. G. INDEMNIFICATION.Property Owner acknowledges that provision of services under this Agreement may carry risks of property damage,property loss,personal injury,illness,and/or death, some of which risks are unknown, and,with that knowledge, Property Owner hereby assumes all such risks and hazards. Property Owner shall indemnify, save, and hold harmless the City and any and all of its employees,agents,volunteers,and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Property Owner or Property Owner's tenants, agents,employees, guests, and/or business invitees. 1 H.GENERAL PROVISIONS. A. TERM. This Agreement shall become effective on the Effective Date first written above, and shall be effective through the earlier of completion of the Project or September 30,2024, unless earlier extended or terminated by the Parties. B. RECORDATION. City shall record this Agreement against the Property,at City's cost. C. TERMINATION. If City determines that Property Owner has failed to comply with any term or condition of this Agreement,violated any of the covenants,agreements, and/or stipulations of this Agreement; engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in,or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have seven(7)days after receipt of such notice to cure the default. If the default is not cured within such period,this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. D. TERMINATION OR RESCISSION BY PROPERTY OWNER.If,prior to initiation of construction as part of Project, Property Owner terminates this Agreement, and/or rescinds Property Owner's acceptance of City's offer to assess and potentially reroute the service line,for any reason, the City shall not be responsible for any costs related to the Project or the Project's impact on Property,other than connecting the Property's existing plumbing to the rehabilitated main when complete. E. CITY NOT RESPONSIBLE FOR OTHER COSTS. Property Owner acknowledges and agrees that except as explicitly stated in this Agreement,the City will not be responsible for any costs Property Owner may incur as a result of or otherwise attributable to the Project,whether such costs are related to known or unknown risks or factors. Specifically,without limitation, City shall not be responsible for any lost business or other revenue during or attributable to the Project,nor for any plumbing- or sewer-related costs following Project completion. F. DAY-TO-DAY COMMUNICATIONS. Communication between Property Owner and City regarding day-to-day matters(e.g., issues related to construction,property entry,scheduling, etc.)shall occur via e-mail or telephone. City shall provide Property Owner the name, e-mail address, and telephone number of specific City personnel("City Contact")who shall serve as the liaison between City and Property Owner for all day-to-day matters. Property Owner shall provide City the name, e-mail address, and telephone number of the specific person ("Property Owner Contact")who shall serve as the liaison between Property Owner and City for all day-to-day matters. G. ALL OTHER NOTICES. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when sent via e-mail,personally served, or mailed via United States mail,to the following personnel and address: If to Ci _ If to Property Owner: City CIerk,City of Meridian BOANERGES LLC 33 E. Broadway Ave. 105 E•IDAHO AVE Meridian, Idaho 83642 MERIDIAN, ID 83642-0000 cityclerk@meridiancity.org Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change, establishing a new address for noticing purposes, in accordance with the requirements of this section. H. LIMITATION OF LIABILITY. City is not liable for consequential, indirect, incidental,special, exemplary,punitive, or enhanced damages arising out of or relating to any breach of this Agreement,whether or not such damages are foreseeable or Property Owner was advised of the possibility of such damages,regardless of the legal or equitable theory(contract,tort or otherwise)upon which the claim is based, and notwithstanding the failure of any agreed or other remedy of its essential purpose. This limitation of City's liability shall not apply to (i) liability resulting from City's gross negligence or willful misconduct and (ii) death or bodily injury resulting from City's acts or omissions. I. FORCE MAJEURE.No Party will be liable for failure to perform any duty under this Agreement where such failure is due to or made impracticable by unforeseeable causes beyond the Parties' control and without the fault or negligence of the Parties,including,but not restricted to, acts of God or the public enemy, fire, flood, natural disaster, epidemic, strike, or order of any court or authorized agency. J. BINDING UPON SUCCESSORS. Except as otherwise specifically provided herein,this Agreement shall be binding upon any and all owners of the Property, any and all subsequent owners thereof, and each and every other person acquiring an interest in the Property. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the Property,or any portion thereof,except that any sale or alienation shall occur subject to the provisions of this Agreement, and any successive owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. K. SEVERABILITY. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any other provision or provisions contained herein. L. THIRD-PARTY BENEFICIARIES. This Agreement is not intended to create,nor shall it in any way be interpreted or construed to create,any third-party beneficiary rights in any person or entity not a party hereto. M. NO REAL PROPERTY INTEREST. It is expressly understood that this Easement does not in any way whatsoever grant or convey any permanent easement, lease, fee or other interest in the Property to the City. N. ATTORNEY FEES. Should any litigation be commenced between the Parties concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may be granted,to court costs and reasonable attorney fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter alia,any default,termination,or forfeiture of this Agreement. O. ENTIRE AGREEMENT. This Agreement sets forth all promises, inducements,agreements, conditions,and understandings between City and Property Owner relative to the subject matter hereof, and there are no promises,agreements, conditions, or understandings,either oral or written,express or implied,between City and Property Owner,other than as are stated herein. Except as otherwise specifically provided herein,no subsequent alteration, amendment,change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. P. NON-WAIVER. Failure of either Parry to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any Parrty's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise,the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. Q. APPLICABLE LAW. The validity, interpretation,performance and enforcement of this Agreement shall be governed by the laws of the State of Idaho,including,without limitation, Article VIII, Section 3,of the Idaho Constitution. Venue shall be in the courts of Ada County, Idaho. R. COMPLIANCE WITH LAWS. Throughout the course of this Agreement,the Parties shall comply with all applicable laws, ordinances,and codes of Federal, State,and local governments. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. The City's ordinances appertaining to the regulation, control, and use of its sewer and water systems, and any prospective amendments to and/or recodifications thereof, are specifically and without limitation incorporated into this Agreement as if set forth fully herein. S. ADVICE OF ATTORNEY. Each parry warrants and represents that in executing this Agreement, it has received independent legal and financial advice from its attorney and/or financial advisor, or has had adequate opportunity to seek such advice. T. WARRANTY OF AUTHORITY.Each person executing and signatory to this Agreement represents and warrants that the execution,delivery,and performance of this Agreement has been duly authorized by all necessary action of each respective party;that such person is,at the time of execution, duly authorized by the respective Party's governing body to bind such Party in all respects; and acknowledges and agrees that this Agreement is and shall be a valid and binding obligation upon the Parties to this Agreement. U. APPROVAL REQUIRED: This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date first written above. PROPERTY OWNER: STATE OF IDAHO ) ) ss: County of I HEREBY CERTIFY that on this a day of��� Sip-nature: 2024,before the undersigned,a Notary Public in the State N 1 C -0 R R \ v of Idaho,AC�W 004 N personally appeared, Name(printed) proven to me to be the person who executed the said instrument,and acknowledged to me that he executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year in this certificate firs tten. No Public for Idaho Residing at Idaho My Commission Expires: 7i _ CITY OF MERIDIAN: Attest: Robert E. Simison,Mayor 3-26-2024 Chris Johnson, City Clerk 3-26-2024 STATE OF IDAHO ) ):ss County of Ada ) On this 26thday of March 2024,before me,a Notary Public,personally appeared Robert E.Simison and Chris Johnson,know or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Meridian Idaho My Commission Expires: 3-28-2028 RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: City Clerk City of Meridian 33 E.Broadway Avenue Meridian,ID 83642 TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR CONNECTION TO SEWER SERVICE: 723 N MAIN ST,MERIDIAN,ID 83642-0000 This TEMPORARY CONSTRUCITON EASEMENT AND AGREEMENT FOR CONNECTION TO SEWER SERVICE ("Agreement")is made this 26th day of March , 2024 ("Effective Date"),by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho("City"), and KLINE DAVID A TRUST, owner of the property at 723 N MAIN ST,Meridian,Idaho("Property Owner") (collectively, "Parries"). WHEREAS,Property Owner is the owner of the property at 723 N MAIN ST, Meridian, Idaho, Ada County parcel no. R5672000270, PAR#0270 OF LOTS 17-18 BLK 2("Property"); WHEREAS,the sewer line serving Property is currently located in the alley to the north of the Property, WHEREAS, in Spring 2024, pursuant to its authority under Idaho Code section 50-332, the City of Meridian will begin a public works project that includes installing a new sewer main along E. Idaho Avenue,from Meridian Road to 6th Street("Project"); WHEREAS, to improve efficiency and long-term viability of sewer service to properties along E. Idaho Avenue from Meridian Road to 6th Street, including the Property,the City has offered to assess the feasibility of rerouting the plumbing serving Property to connect to the new sewer line along E. Idaho Avenue, and, if it is feasible, to cause such work to be completed at the City's expense; and WHEREAS,Property Owner has accepted this offer and wishes to authorize City 1)to initiate the feasibility assessment, and 2)if the City determines that it is feasible, to include in the scope of work for the Project the rerouting of the plumbing serving the building at Property and its connection to the new sewer line; NOW,THEREFORE,for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein,the Parties agree as follows: I.COMMITMENTS BY CITY. A. FEASIBILITY ASSESSMENT.Within one hundred and eighty(180)days of execution of this Agreement, City shall conduct an assessment of the structural integrity,plumbing condition, and other factors and risks related to the feasibility of replumbing the building at Property to connect to the new sewer main to be placed in the right-of-way along E. Idaho Avenue. B. IF NOT FEASIBLE. If, in the City's sole discretion, it is not feasible to replumb the building at Property and connect it to the new sewer main to be placed in the right-of-way along E.Idaho Avenue,the City will take no further action with regard to the Property. C. IF FEASIBLE. If, in the City's sole discretion, it is feasible to replumb the building at Property to connect it to the new sewer main to be placed in the right-of-way along E. Idaho Avenue, City shall: 1. Add this work to the scope of work for the Project, and shall complete such work at the City's sole expense. This work shall include restoration of the interior and exterior of the Property to its general pre-Project condition, as nearly as is feasible. 2. Contact Property Owner to provide details regarding scheduling, timeline, and the next steps for completion of this work. 3. Select and hire a licensed plumber to install all related plumbing and infrastructure necessary to connect the building at Property to the new sewer main along E. Idaho Avenue. Such work shall be completed in accordance with the regulations of the Building Services Division of the City of Meridian Community Development Department,the City of Meridian Public Works Department, and any and all other applicable rules or laws. 4. As practicable, provide notice to Property Owner of any need to access the Property and building thereon in order to complete City's obligations under this Agreement. D. PROVISION OF SEWER SERVICES. At all times, City shall provide sewer services to the Subject Property, subject to necessary stoppages due to construction, and all applicable laws and City ordinances. City shall bill Property Owner for sewer usage according to the metering, accounting, and billing system in place under Meridian City Code and the policies and practices of the City of Meridian. II.COMMITMENTS BY PROPERTY OWNER. A. EASEMENT; RIGRT OF ENTRY. Property Owner authorizes the City, its consultants, agents, employees and/or contractors, a temporary easement over and across the Property, and the right to enter the Property and all buildings thereon,in order to complete all necessary work to fulfill City's obligations under this Agreement. City shall have and hold the temporary easement and right of entry until the Project is complete. Property Owner shall notify the occupant(s) of the building located on Property of the terms of this Agreement and instruct such occupant(s)to provide access to City, its consultants, and/or its contractors as necessary to complete the work described by this Agreement. B. NO GUARANTEE. Property Owner acknowledges that City may not elect to reroute the sewer service from the existing main in the alley to the new main in the right-of-way along E. Idaho Street. The City may decline to reroute the plumbing from the building on Property, if such work is not feasible, in City's sole discretion. C. PAYMENT FOR CITY SERVICES. Upon connection to and whenever Property is connected to the City's sewer system,regardless of the location of such connection,Property Owner shall pay to City all applicable fees and costs for services provided, as such fees are calculated and billed by City as set forth herein and established by law or City policy or ordinance. The exclusive remedy for any disputes, objections,or appeals regarding such fees and costs shall be with the Board of Adjustment, under the procedures set forth in Meridian City Code. D. OPERATION AND MAINTENANCE. Upon connection to and at all times Property is connected to the City's sewer system, regardless of the location of such connection, Property Owner shall be solely responsible for any and all costs related to operation and maintenance of all portions and functions of the plumbing between the sewer line and the Property served by the City sewer system. E. ACKNOWLEDGMENT OF SCOPE OF WORK. Property Owner acknowledges that construction related to the rerouting of plumbing and installation of new plumbing may require the temporary removal of landscaping,walkways, walls, flooring, and other structural aspects of the building at Property. While City shall restore the interior and exterior of the Property to the condition they were in prior to the Project, Property Owner shall be responsible for any other repair,maintenance, or other work where the need for same is revealed by the removal of walls and floors in order to complete the work contemplated by this Agreement. City shall not be responsible for any repair to structural,electrical,mechanical,or other systems at Property, even if such necessity is revealed by work undertaken pursuant to this Agreement or any other aspect of the Project. F. WAIVER. Property Owner acquits and forever discharges the City of Meridian, its employees, and agents, from any and all claims, actions, causes of action, demands, rights, damages, costs, expenses and additional compensation, including attorney fees, which Property Owner now has or may later realize in relation to any expense of any type related this Agreement or to Project, whether such expense is foreseen,unforeseen,known, or unknown. Except as may be provided in any written warranty provided by the contractor completing the work contemplated by this Agreement, Property Owner shall be solely responsible for any structural, electrical, mechanical, or other malfunction or damage occurring after completion of the work contemplated by this Agreement, and shall not make any claim or demand, or bring any cause of action against City for same. G. INDEMNIFICATION. Property Owner acknowledges that provision of services under this Agreement may carry risks of property damage,property loss,personal injury,illness,and/or death, some of which risks are unknown,and,with that knowledge,Property Owner hereby assumes all such risks and hazards.Property Owner shall indemnify, save, and hold harmless the City and any and all of its employees, agents,volunteers, and/or elected officials from any and all losses,claims,and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Property Owner or Property Owner's tenants, agents, employees, guests, and/or business invitees. 1H.GENERAL PROVISIONS. A. TERM. This Agreement shall become effective on the Effective Date first written above, and shall be effective through the earlier of completion of the Project or September 30, 2024, unless earlier extended or terminated by the Parties. B. RECORDATION. City shall record this Agreement against the Property, at City's cost. C. TERMINATION. If City determines that Property Owner has failed to comply with any term or condition of this Agreement,violated any of the covenants,agreements, and/or stipulations of this Agreement; engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have seven (7) days after receipt of such notice to cure the default. If the default is not cured within such period,this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. D. TERMINATION OR RESCISSION BY PROPERTY OWNER. If,prior to initiation of construction as part of Project, Property Owner terminates this Agreement, and/or rescinds Property Owner's acceptance of City's offer to assess and potentially reroute the service line, for any reason, the City shall not be responsible for any costs related to the Project or the Project's impact on Property,other than connecting the Property's existing plumbing to the rehabilitated main when complete. E. CITY NOT RESPONSIBLE FOR OTHER COSTS. Property Owner acknowledges and agrees that except as explicitly stated in this Agreement, the City will not be responsible for any costs Property Owner may incur as a result of or otherwise attributable to the Project, whether such costs are related to known or unknown risks or factors. Specifically, without limitation, City shall not be responsible for any lost business or other revenue during or attributable to the Project, nor for any plumbing-or sewer-related costs following Project completion. F. DAY-TO-DAY COMMUNICATIONS. Communication between Property Owner and City regarding day-to-day matters (e.g.,issues related to construction,property entry, scheduling, etc.) shall occur via e-mail or telephone. City shall provide Property Owner the name, e-mail address, and telephone number of specific City personnel("City Contact")who shall serve as the liaison between City and Property Owner for all day-to-day matters. Property Owner shall provide City the name, e-mail address, and telephone number of the specific person ("Property Owner Contact")who shall serve as the liaison between Property Owner and City for all day-to-day matters. G. ALL OTPIEER NOTICES. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when sent via e-mail,personally served, or mailed via United States mail, to the following personnel and address: If to city: If to Propertty Owner: City Clerk, City of Meridian KLINE DAVID A TRUST 33 E.Broadway Ave. 1915 N AMBER ST Meridian,Idaho 83642 BOISE, ID 83706-0000 cityclerk@meridiancity.org Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change, establishing a new address for noticing purposes, in accordance with the requirements of this section. H. LIMITATION OF LIABILITY. City is not liable for consequential, indirect,incidental, special, exemplary,punitive, or enhanced damages arising out of or relating to any breach of this Agreement, whether or not such damages are foreseeable or Property Owner was advised of the possibility of such damages,regardless of the legal or equitable theory(contract,tort or otherwise) upon which the claim is based, and notwithstanding the failure of any agreed or other remedy of its essential purpose. This limitation of City's liability shall not apply to (i) liability resulting from City's gross negligence or willful misconduct and(ii) death or bodily injury resulting from City's acts or omissions. I. FORCE MAJEURE.No Party will be liable for failure to perform any duty under this Agreement where such failure is due to or made impracticable by unforeseeable causes beyond the Parties' control and without the fault or negligence of the Parties, including,but not restricted to, acts of God or the public enemy, fire, flood, natural disaster, epidemic, strike, or order of any court or authorized agency. J. BINDING UPON SUCCESSORS. Except as otherwise specifically provided herein, this Agreement shall be binding upon any and all owners of the Property, any and all subsequent owners thereof, and each and every other person acquiring an interest in the Property. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the Property, or any portion thereof, except that any sale or alienation shall occur subject to the provisions of this Agreement, and any successive owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. K. SEVERABILITY. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any other provision or provisions contained herein. L. THIRD-PARTY BENEFICIARIES. This Agreement is not intended to create,nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person or entity not a party hereto. M. No REAL PROPERTY INTEREST. It is expressly understood that this Easement does not in any way whatsoever grant or convey any permanent easement, lease, fee or other interest in the Property to the City. N. ATTORNEY FEES. Should any litigation be commenced between the Parties concerning this Agreement, the prevailing party shall be entitled,in addition to any other relief as may be granted,to court costs and reasonable attorney fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter alia, any default,termination,or forfeiture of this Agreement. ®. ENTIRE AGREEMENT. This Agreement sets forth all promises, inducements, agreements, conditions, and understandings between City and Property Owner relative to the subject matter hereof, and there are no promises, agreements, conditions,or understandings, either oral or written, express or implied, between City and Property Owner, other than as are stated herein. Except as otherwise specifically provided herein,no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. P. NON-WAIVER. Failure of either Party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any Party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after either party becomes entitled to the benefit thereof,notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise,the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. Q. APPLICABLE LAW. The validity, interpretation,performance and enforcement of this Agreement shall be governed by the laws of the State of Idaho,including, without limitation, Article VIII, Section 3, of the Idaho Constitution. Venue shall be in the courts of Ada County, Idaho. R. COMPLIANCE WITH LAWS. Throughout the course of this Agreement, the Parties shall comply with all applicable laws,ordinances, and codes of Federal, State,and local governments. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. The City's ordinances appertaining to the regulation, control, and use of its sewer and water systems, and any prospective amendments to and/or recodifications thereof, are specifically and without limitation incorporated into this Agreement as if set forth fully herein. S. ADVICE OF ATTORNEY. Each party warrants and represents that in executing this Agreement, it has received independent legal and financial advice from its attorney and/or financial advisor, or has had adequate opportunity to seek such advice. T. WARRANTY OF AUTHORITY.Each person executing and signatory to this Agreement represents and warrants that the execution, delivery, and performance of this Agreement has been duly authorized by all necessary action of each respective party; that such person is, at the time of execution, duly authorized by the respective Party's governing body to bind such Party in all respects; and acknowledges and agrees that this Agreement is and shall be a valid and binding obligation upon the Parties to this Agreement. U. APPROVAL REQUIRED: This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. PROPERTY OWNER: STATE OF IDAHO ) ) ss: County of_ 1DKi____\ )I HEREBY CERTIFY that on this day ofJ ✓lU gignature: 2024,before the undersigned,a Notary Public in the State Th rn P ., , �- I'— (- ,, _,r, of Idaho,JOIYY�eS M \4 n�L- personally appeared, Name (printed) proven to me to be the person who executed the said instrument,and acknowledged to me that he executed the same. IN WITNESS WHEREOF I have hereunto set my hand YLA and axed my official seal,the day and year in this 3� wormy affixed PueUc certificate first above written. - C—wr"alon# 69U3 - SAY cww*,bn 06 Feb� ' Notary Pu is for Idaho 'ryi �OF Residing at FJO i 'X� Idaho ►mn1rA%% My Commission Expires:_F- keg CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor 3-26-2024 Chris Johnson, City Clerk 3-26-2024 STATE OF IDAHO ) ): ss County of Ada ) On this 26th day of March ,2024, before me,a Notary Public,personally appeared Robert E.Simison and Chris Johnson,know or identified to me to be the Mayor and Clerk,respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Meridian ,Idaho My Commission Expires: 3-28-2028 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City of Meridian 33 E.Broadway Avenue Meridian,ID 83642 TEMPORARY CONSTRUCTION EASEMENT AND AGREEMENT FOR CONNECTION TO SEWER SERVICE: 725 NE 2ND ST,MERIDIAN,ID 83642-0000 This TEMPORARY CONSTRUCITON EASEMENT AND AGREEMENT FOR CONNECTION TO SEWER SERVICE("Agreement") is made this 26thday of March ,2024("Effective Date"),by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho,whose address is 33 East Broadway Avenue,Meridian, Idaho ("City"), and 116 BROADWAY LLC, owner of the property at 725 NE 2ND ST,Meridian, Idaho("Property Owner") (collectively, "Parties"). WHEREAS, Property Owner is the owner of the property at 725 NE 2ND ST, Meridian, Idaho, Ada County parcel no. R5672000630, S 65 FT OF LOTS 11&12 BLK 4 ("Property"); WHEREAS, the sewer line serving Property is currently located in the alley to the north of the Property; WHEREAS, in Spring 2024, pursuant to its authority under Idaho Code section 50-332, the City of Meridian will begin a public works project that includes installing a new sewer main along E. Idaho Avenue, from Meridian Road to 6th Street("Project"); WHEREAS,to improve efficiency and long-term viability of sewer service to properties along E. Idaho Avenue from Meridian Road to 6th Street, including the Property,the City has offered to assess the feasibility of rerouting the plumbing serving Property to connect to the new sewer line along E. Idaho Avenue,and, if it is feasible,to cause such work to be completed at the City's expense;and WHEREAS,Property Owner has accepted this offer and wishes to authorize City 1)to initiate the feasibility assessment, and 2) if the City determines that it is feasible, to include in the scope of work for the Project the rerouting of the plumbing serving the building at Property and its connection to the new sewer line; NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above,which are incorporated herein,the Parties agree as follows: q I.COMMITMENTS BY CITY. A. FEASIBILITY ASSESSMENT. Within one hundred and eighty(180)days of execution of this Agreement, City shall conduct an assessment of the structural integrity, plumbing condition, and other factors and risks related to the feasibility of replumbing the building at Property to connect to the new sewer main to be placed in the right-of-way along E. Idaho Avenue. B. IF NOT FEASIBLE. If, in the City's sole discretion, it is not feasible to replumb the building at Property and connect it to the new sewer main to be placed in the right-of-way along E. Idaho Avenue,the City will take no further action with regard to the Property. C. IF FEASIBLE. If, in the City's sole discretion, it is feasible to replumb the building at Property to connect it to the new sewer main to be placed in the right-of-way along E. Idaho Avenue, City shall: 1. Add this work to the scope of work for the Project, and shall complete such work at the City's sole expense. This work shall include restoration of the interior and exterior of the Property to its general pre-Project condition, as nearly as is feasible. 2. Contact Property Owner to provide details regarding scheduling,timeline,and the next steps for completion of this work. 3. Select and hire a licensed plumber to install all related plumbing and infrastructure necessary to connect the building at Property to the new sewer main along E. Idaho Avenue. Such work shall be completed in accordance with the regulations of the Building Services Division of the City of Meridian Community Development Department, the City of Meridian Public Works Department, and any and all other applicable rules or laws. 4. As practicable, provide notice to Property Owner of any need to access the Property and building thereon in order to complete City's obligations under this Agreement. D. PROVISION OF SEWER SERVICES. At all times, City shall provide sewer services to the Subject Property, subject to necessary stoppages due to construction, and all applicable laws and City ordinances. City shall bill Property Owner for sewer usage according to the metering, accounting, and billing system in place under Meridian City Code and the policies and practices of the City of Meridian. II. COMMITMENTS BY PROPERTY OWNER. A. EASEMENT;RIGHT OF ENTRY. Property Owner authorizes the City, its consultants, agents, employees and/or contractors, a temporary easement over and across the Property, and the right to enter the Property and all buildings thereon, in order to complete all necessary work to fulfill City's obligations under this Agreement. City shall have and hold the temporary easement and right of entry until the Project is complete. Property Owner shall notify the occupant(s) of the building located on Property of the terms of this Agreement and instruct such occupant(s)to provide access to City, its consultants, and/or its contractors as necessary to complete the work described by this Agreement. B. NO GUARANTEE. Property Owner acknowledges that City may not elect to reroute the sewer service from the existing main in the alley to the new main in the right-of-way along E. Idaho Street. The City may decline to reroute the plumbing from the building on Property, if such work is not feasible, in City's sole discretion. C. PAYMENT FOR CITY SERVICES. Upon connection to and whenever Property is connected to the City's sewer system, regardless of the location of such connection, Property Owner shall pay to City all applicable fees and costs for services provided, as such fees are calculated and billed by City as set forth herein and established by law or City policy or ordinance. The exclusive remedy for any disputes, objections, or appeals regarding such fees and costs shall be with the Board of Adjustment, under the procedures set forth in Meridian City Code. D. OPERATION AND MAINTENANCE. Upon connection to and at all times Property is connected to the City's sewer system, regardless of the location of such connection, Property Owner shall be solely responsible for any and all costs related to operation and maintenance of all portions and functions of the plumbing between the sewer line and the Property served by the City sewer system. E. ACKNOWLEDGMENT OF SCOPE OF WORK. Property Owner acknowledges that construction related to the rerouting of plumbing and installation of new plumbing may require the temporary removal of landscaping, walkways, walls, flooring, and other structural aspects of the building at Property. While City shall restore the interior and exterior of the Property to the condition they were in prior to the Project, Property Owner shall be responsible for any other repair,maintenance,or other work where the need for same is revealed by the removal of walls and floors in order to complete the work contemplated by this Agreement. City shall not be responsible for any repair to structural, electrical, mechanical, or other systems at Property, even if such necessity is revealed by work undertaken pursuant to this Agreement or any other aspect of the Project. F. WAIVER. Property Owner acquits and forever discharges the City of Meridian, its employees, and agents, from any and all claims, actions, causes of action, demands,rights, damages, costs, expenses and additional compensation, including attorney fees, which Property Owner now has or may later realize in relation to any expense of any type related this Agreement or to Project, whether such expense is foreseen, unforeseen, known, or unknown. Except as may be provided in any written warranty provided by the contractor completing the work contemplated by this Agreement, Property Owner shall be solely responsible for any structural, electrical, mechanical, or other malfunction or damage occurring after completion of the work contemplated by this Agreement,and shall not make any claim or demand, or bring any cause of action against City for same. G. INDEMNIFICATION.Property Owner acknowledges that provision of services under this Agreement may carry risks of property damage, property loss, personal injury, illness, and/or death, some of which risks are unknown, and, with that knowledge, Property Owner hereby assumes all such risks and hazards. Property Owner shall indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Property Owner or Property Owner's tenants, agents, employees, guests, and/or business invitees. III.GENERAL PROVISIONS. A. TERM. This Agreement shall become effective on the Effective Date first written above, and shall be effective through the earlier of completion of the Project or September 30,2024, unless earlier extended or terminated by the Parties. B. RECORDATION. City shall record this Agreement against the Property,at City's cost. C. TERMINATION. If City determines that Property Owner has failed to comply with any term or condition of this Agreement,violated any of the covenants, agreements, and/or stipulations of this Agreement; engaged in fraud, dishonesty,or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in,or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have seven(7) days after receipt of such notice to cure the default. If the default is not cured within such period,this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. D. TERMINATION OR RESCISSION BY PROPERTY OWNER. If, prior to initiation of construction as part of Project, Property Owner terminates this Agreement, and/or rescinds Property Owner's acceptance of City's offer to assess and potentially reroute the service line, for any reason, the City shall not be responsible for any costs related to the Project or the Project's impact on Property, other than connecting the Property's existing plumbing to the rehabilitated main when complete. E. CITY NOT RESPONSIBLE FOR OTHER COSTS. Property Owner acknowledges and agrees that except as explicitly stated in this Agreement, the City will not be responsible for any costs Property Owner may incur as a result of or otherwise attributable to the Project,whether such costs are related to known or unknown risks or factors. Specifically,without limitation,City shall not be responsible for any lost business or other revenue during or attributable to the Project,nor for any plumbing- or sewer-related costs following Project completion. F. DAY-TO-DAY COMMUNICATIONS. Communication between Property Owner and City regarding day-to-day matters (e.g., issues related to construction, property entry, scheduling, etc.)shall occur via e-mail or telephone. City shall provide Property Owner the name,e-mail address,and telephone number of specific City personnel("City Contact")who shall serve as the liaison between City and Property Owner for all day-to-day matters. Property Owner shall provide City the name, e-mail address, and telephone number of the specific person ("Property Owner Contact")who shall serve as the liaison between Property Owner and City for all day-to-day matters. G. ALL OTHER NOTICES. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when sent via e-mail, personally served, or mailed via United States mail,to the following personnel and address: If to Ci : If to Property Owner: City Clerk, City of Meridian 116 BROADWAY LLC 33 E. Broadway Ave. 13129 N ANDYS GULCH RD Meridian,Idaho 83642 GARDEN CITY, ID 83714-0000 cityclerk@meridiancity.org Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change,establishing a new address for noticing purposes, in accordance with the requirements of this section. H. LIMITATION OF LIABILITY. City is not liable for consequential, indirect,incidental,special, exemplary,punitive,or enhanced damages arising out of or relating to any breach of this Agreement,whether or not such damages are foreseeable or Property Owner was advised of the possibility of such damages, regardless of the legal or equitable theory(contract,tort or otherwise)upon which the claim is based,and notwithstanding the failure of any agreed or other remedy of its essential purpose.This limitation of City's liability shall not apply to (i) liability resulting from City's gross negligence or willful misconduct and(ii)death or bodily injury resulting from City's acts or omissions. I. FORCE MAJEURE.No Party will be liable for failure to perform any duty under this Agreement where such failure is due to or made impracticable by unforeseeable causes beyond the Parties' control and without the fault or negligence of the Parties,including, but not restricted to, acts of God or the public enemy,fire,flood,natural disaster, epidemic, strike, or order of any court or authorized agency. J. BINDING UPON SUCCESSORS. Except as otherwise specifically provided herein,this Agreement shall be binding upon any and all owners of the Property, any and all subsequent owners thereof, and each and every other person acquiring an interest in the Property. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the Property, or any portion thereof, except that any sale or alienation shall occur subject to the provisions of this Agreement,and any successive owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. K. SEVERABILITY. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any other provision or provisions contained herein. L. THIRD-PARTY BENEFICIARIES. This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person or entity not a party hereto. M. NO REAL PROPERTY INTEREST. It is expressly understood that this Easement does not in any way whatsoever grant or convey any permanent easement, lease, fee or other interest in the Property to the City. N. ATTORNEY FEES. Should any litigation be commenced between the Parties concerning this Agreement,the prevailing party shall be entitled, in addition to any other relief as may be granted,to court costs and reasonable attorney fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter alia, any default, termination, or forfeiture of this Agreement. O. ENTIRE AGREEMENT. This Agreement sets forth all promises, inducements, agreements, conditions, and understandings between City and Property Owner relative to the subject matter hereof, and there are no promises, agreements, conditions, or understandings, either oral or written, express or implied, between City and Property Owner, other than as are stated herein. Except as otherwise specifically provided herein, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. P. NON-WAIVER. Failure of either Party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any Party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after either party becomes entitled to the benefit thereof,notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise,the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. Q. APPLICABLE LAW. The validity, interpretation, performance and enforcement of this Agreement shall be governed by the laws of the State of Idaho, including, without limitation, Article VIII, Section 3,of the Idaho Constitution. Venue shall be in the courts of Ada County, Idaho. R. COMPLIANCE WITH LAWS. Throughout the course of this Agreement,the Parties shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. The City's ordinances appertaining to the regulation, control, and use of its sewer and water systems, and any prospective amendments to and/or recodifications thereof, are specifically and without limitation incorporated into this Agreement as if set forth fully herein. S. ADVICE OF ATTORNEY. Each party warrants and represents that in executing this Agreement, it has received independent legal and financial advice from its attorney and/or financial advisor, or has had adequate opportunity to seek such advice. T. WARRANTY OF AUTHORITY. Each person executing and signatory to this Agreement represents and warrants that the execution, delivery, and performance of this Agreement has been duly authorized by all necessary action of each respective party;that such person is, at the time of execution, duly authorized by the respective Party's governing body to bind such Party in all respects; and acknowledges and agrees that this Agreement is and shall be a valid and binding obligation upon the Parties to this Agreement. U. APPROVAL.RFQUIRFD: This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date first written above. PROPERTY OWN R: STATE OF IDAHO ) ) ss: County of Ad, Q_, I HEREBY CERTIFY that on this day of S, natu l 2024, befo a the undersigned,a Notary Public in the State r O, ac,v, ✓oe-)e f of Idaho, — - - 1 Ab f4flerpersonal ly appeared, Noun (printed) proven to'm6 to be the person who executed the said instrument,and acknowledged to me that he executed the same. •�•••••••••�� IN WITNESS WHEREOF,I have hereunto set my hand AR s A��•, and affixed my official seal,the day and year in this �'�� '0Tq� �� certificate first above written. COMMISSION' No. 20222909 , — --� N a uhlic for Id o �••�?���� 1h�•� Residing at /v/ =rr LL/Q Idaho �'••...••' C My Commission Expires: CITY OF MERIDIAN: Attest: Robert E. Simison, Mayor 3-26-2024 Chris Johnson, City Clerk 3-26-2024 STATE OF IDAHO ) ): ss County of Ada ) On this 26th day of March 2024, before me,a Notary Public, personally appeared Robert E.Simison and Chris Johnson,know or identified to me to be the Mayor and Clerk, respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Meridian Idaho My Commission Expires: 3-28-2028 ORECORMO REQUESTED BY AND KWN MCORDEO RETURN TO i Ck of Aderkiidr� 33 E, OMP06ay Avenue H&TOW., ID 83"2 I TEMPORARY CONSIMUC`fIION EASEMENT AND AGREEMENT FOR CONNECTION Z'O SEWER SERVICE: 80 NE 2ND ST, MERIDIAN, ID 83642=0000 This TEMPORARY CONSTRUCITON EASEMENT AND AGREEMENT FOR C"0'*]NFr7 10N TO SEWER SERVICE ("Agreemont") i4 made this ' k day of MAC G . 2024 ("Effective Date ),, by and be %vt the City of Meridian, a municipal corporation organized under the laxvs of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian , Idaho ("City"), and MASONIC: TEMPLE ASSN, owner of the property at � 800 NE 2ND ST, Meridian, Idaho ("Property Owner") (collectively, "Parties"). i WHEREAS, Property t. N ner is the owner of the property at 800 NE 2ND Sr, Meridian„ Idaho , Ada County parcel no , R5672000915 , L01S 1 =4 INC LOT 9 FOLK 7 Property".) ; WHEREAS, the sewer line sming Property is currently located in the alley to the north of the Properly, WHEREAS, in Spring, 2024, pursuant to its authority under Idaho Code section .50-332, the City of Meridian will begin a public works project that Includes installing a new sewer main along E, Idaho Avenue, from Meridian Road to +nth Street C1Prmjeot") 1 WHEREAS , to improve efl dcricy and long-tetin viability of sewer service to propertic along r, Idaho Avenue from Meridian Rosin to 6th Strut, Including the Property, the City has offered to assess the feasibility of rerouting the plumbing serving Property to connect to the new sewer line along E . Idaho Avenge, and, if it is feasible, to causc suck work to be completed at the City' s expense ; and WHEREAS, Property Owner has accepted this offer and wishes to authorize City 1 ) to I nitiate the feasibility asses meat, and 2 ) if the City determincs that it is feasible, to include in the scope of work for the Project the rerouting of the plumbing, serving the building at Property and its connection to the new sc%ver fine , NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged said agreed, and in consideration ofthe mutual pronli_ s and covenants herein contained, raid in consideration of file recitals above, which are incorporrtecl herein, the parties agree as follows. a edin�e� � nd n�I MM MP of maom,of this City � a ue seetwoural Whertl.alnrzmns�inon. mm�am building at Propoy ro comment m om Mass uwa maser biOwedin iin nvniof-way Wens a ia.m Avmne. e. ._..... 4 Ends e�yssale disionon a Is not favble to replmnb Ene bWumgm aARny ugaoomxt morns mwsmva mein is ba Amens in End HWOA-way along e. laeno Anown,the cite hill Mahe en fmamrmean usEn Edged in the Pmpmy. 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ACIORAVIEDURIL'T OF Sonar OF�. offorry thwart ed door UMMONAM accord tor As mounting of plumbing and rost of not mdmm At emm and doom of adds main, naugame, or room work others At most An stand m.calad npreeonoymAd na'ymun My N y tooummm mh wnasi, omasarmat or other mmsa tn ropey,god jrsam Mau to dowmary is oumm g .on uo graddan oonum m this n®eeeomm F. WaIVILS.m mr loth Property ouw aoawu Had fore.ff engw¢m uw Gy of w.naen, its mamyeea aft!Along, firm my Ad of claim,action causes ofeauon s,rolls, wbico rmrm'o.mr now for mnr �brx�oimm�umn Including my emceed:ofmy�trig at " this Awroment"W Priect whader stach"Ferry Is Fanwood. unknown, knovar,or warknown, Emodat do my of uamade h� nmermany mi, rmaenypCPAdor by As nnemyKK Random or eadaea offormad Off tradition of At wat sum or AmA ronscoi,At"I nth mak< any claim or emmne,or bring my y An STIM. vnacMman aa" ,pmoa nnanonet nJan. nAin re sm Ft ww rmx�Urmv mail em %,anmex Elwmoom At coy mu Any me 0 of at employers. 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AIa S&RIAUM This A® ntsh6lm:bamneM w.o.biMing [ nppowd byureciycomnl ofueciy W mMdW. pots o eR: srn m OWSunc s //ni.i„P Is— l]MnN ¢n m4�aaw°e 't°�'�a"n° Inaww v..m(vdn�9 ma mew�..�md.rc SOMIL 96,00466 y. vNotz rµ0 00, No CIWOFAIflIMjW&N: Alm MAs, cros Johnson, cy mh E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Foxcroft Subdivision No. 2 (FP-2023-0031) by Kent Brown Planning Services, located at 3500 W. Pine Ave. STAFF REPORT C:�*%_ W IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 3/26/2024 � Legend DATE: _ C-G i L- 0 Project Location C-N L-O MH TO: Mayor&City Council R- ® R� � FROM: Stacy Hersh,Associate Planner R-8 _FEEFF208-884-5533 o SUBJECT: Foxcroft No. 2 FP R R-8 RIB �I FP-2023-0031 a R 8 R C-,C 5 1 . LOCATION: Phase 2 is located at 3500 W. Pine R 15R-15 R-1R-$ Avenue and the surrounding property north of Pine and south of Tenmile C-G Creek,in the SE 1/4 of the NE 1/4 of TN=R R-40 RUT R-15 �-L Section 10,Township 3N,Range 1W. C-N FA�R-1�5 R-15 -- 'R8 RUT I. PROJECT DESCRIPTION Final Plat consisting of 1 residential building lot on approximately 11.978 acres of land in the R-15 zoning district,by Kent Brown Planning. IL APPLICANT INFORMATION A. Owner: Corey Barton,Open Door Rentals— 1977 E. Overland Road,Meridian,ID 83642 B. Applicant Representative: Kent Brown,Kent Brown Planning—3161 E. Springwood Drive,Meridian, ID 83642 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2020-0113) and associated conditions of approval as required by UDC 11-6B-3C.2. There are eight(8) fewer buildable lots(1) depicted on the proposed final compared to the number indicated on the approved preliminary plat(9). Furthermore,the submitted final plat depicts the required street buffers and pathways as required by the Development Agreement(Inst. #2021-126693)and the same amount of common open space as previously approved. The City has granted approval for the CZC and Design Review(A-2022-0184)to construct the multi-family units on the property. The subdivision improvements shall be completed prior to occupancy of the first structure. 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. V. EXHIBITS A. Preliminary Plat(dated: February 2021) _ PRELBfINARY PLAT FOR m �� PU%CROPT SUBDIFRSION D l . .,, a �ym , '',91` o f o m �i ®`� ®. *� -`• -" - 1•Hr le Y�7 , tt ----- — .ems. - ----�----- - - -- --.,�.x------ a PLAN SHEET INDEX SHEET DESCRIPTION FP-1 PRELIMINRRT PLAT•SHEET IN DU. &SHTY ME T 0E NOTES,LCMIAOM1 R EUNE OE LAT Tq 1 ,••��� P�':, 1- '^ FP-2— PREUNINM1RY PLAT h WRrE TAdLE T. '.1 ��. PO-2— CONC FNCINFDiING PLMI& PeRCEL TA9R3LE 4S� � --- —S— GVN';EI•ILPL�A'EN�•1'H;FlLES -- �T--.TT T -.TT- N F Z . 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W T.IIr u+W- ,rw fYr LYr Lllr - 117 T9 4 —r o-.,,. �—r puoaN 11t�>N�I.ttlrwNnwL.Y''ll.lpNr#rnY[Il[e.VLEl>•ffnn.+lree,e+.lr,NnN!Lw�IrIW.L YVW1rrl.I wwwywwW nrgrog�r[wnrLlrra-}L]wLlws[LYlw.wrv.pN.nrfttr+lS,e NNINphrWr.artwfiKY/l WmILIIwLuanpa, LrNL1tr1fEL1rlInr1n.rn'elJariillrYaS[n•.NrJLlh.Lere l[A.L rbauaffr,ro�u�a.r.crLVt' YwuwuwNwueLIL �rtItI�Lnwr.nNlaLa`,LYIrrrr.lLlI''.rlrlrll�fFlee',lAF•L•xMsnLL.nWL��rwM,rxY+r .WuWuwwLars NLLNwNPnLIuL,vIYa,O'eNyIlrlpnnY>l':.NINmfmtLY[etee1SYtrL naiL,»ixF,.I.�w.mt�V fmrlO mIw....IWyrs2.F u1LMwNwIw.ILLIfa,+a'rtrrLrrn'Wvalrrr[lYe4ee+ki.,inYIWle�urLLA�ma�JW.CYvYL-I1 rrI.raN,1Nr:Ll.YaAal1nwTrrr'' .wLtwLri1mT+.1ayarpIpI''pJL1,f[aLYYeeLr JIrNLnPY WwIIILlxNNbM e Noil m lwLwrrrUY.S•wNa.mwlanwwYarfesLhtirR.,,NIn+rt.NLPYsL6xrI' Irl�wrr I.ttiLI6YF-rfn[Lr1NaYe S[uN.N-wn.wf'i feyEn�gein.wae�.ze roi ne,ng I^n'cr.Var m ILI'N[rl rNR Ia wLc+r+iN CR1817�IGI PIANsscI GAQCI Page 3 C. Landscape Plans(Revision date: 3/29/2023) :re1-7 -- y'°� _ PUNT rGNL'GULE Ei rx CV; Xr— • ` Z =iZ I- to w q. ::�.._y. - ilk l.-.- ,h:�, - - - '7:- -�- - .wa men 1 c.N TI 1 'E A.,...4 —i x:aysram Ll 0gg1 PLANT 9GN�gIJLR! � �i= F` 4 y OEM NOTES Z H _ a r a Z Z Q m w J J > -_� - w FZv£a — J 0 4 4 0 Q p G Z 0 C 4 F r4.xr awsoan i 1 �Itavl'.7W13 r Page 4 PLANT SGNEf7ULL !Y d'L•"'•."... LLB. 1 a[. W- .�- Oj TPg RNITIH4/STPACIHb O4 6'ALTERH M*C M FEII'.EY...w �. ..._�.e_.n• •wv�u.anx ww .ra LANl75GAFE GALGIJLATIONS NOTES Z ........�«... __ .�.....�....��_.�..- Q H U .. w.w. .,.r. �.�. '9E'L:3'v'tTm- `mow... .r►.nws�.. J Z a Z x — ] `} ......=.I �..— .«ate a.. ._... _.. .. QF N W JLLa F a a 0 a x O Z Q Q; a r 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: H-2020-0113 (DA Inst. #2021-126693);A-2022-0088 (Foxcroft No. 1 Pathway ALT); FP-2021-0049;A-2022-0184(CZC and DES);A-2022-0224(Foxcroft No. 2 pathway ALT); ESMT-2024-0043 (Pedestrian Pathway Easement). 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Engineer's signature on the previous phase final plat(i.e.by February 13, 2026); or apply for a time extension,in accordance with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat shown in Section V.B,prepared by Bailey Engineering,by Cody M. McCammon, is approved with the following conditions to be completed at the time of Final Plat Signature: a. Plat Note#8,include recorded instrument number. b. Plat Notes#12-13, include recorded instrument numbers. c. Add Note#13, include the recorded instrument number of the existing City of Meridian Development Agreement. d. Add Note#14, include the recorded pathway easement number(ESMT-2024-0043)on the plat. e. Graphically depict the landscape buffers along the east and south boundary either on a permanent dedicated buffer easement or by adding common lots in accordance with UDC 11-3B-7C.2a 5. The submitted landscape plans, as shown in Section V.C,prepared by Bailey Engineering, with a revision date of 3/29/23,is approved as submitted. 6. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. PUBLIC WORKS https:llweblink.meridiancily.org/WebLink/Doc View.aWx?id=337620&dbid=0&redo=MeridianC ity C. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:llweblink.meridianciU.orglWebLinkIDocView.aspx?id=337620&dbid=0&repo=MeridianC ity Page 6 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Linder Condos (H-2023-0074) by The Architects Office, PLLC., located at 300 N. Linder Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:-, AND DECISION& ORDER In the Matter of the Request for a Modification to the Development Agreement Required with H- 2022-0091,Linder Storage Condos,to Allow Warehouse and Flex Space Uses along with the Previously Approved Self-service Storage Facility; and Update the Conceptual Development Plan and Building Elevations for Linder Condos,by The Architect's Office. Case No(s).H-2023-0074 For the City Council Hearing Date of: March 12,2024 (Findings on March 26,2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of March 12, 2024, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of March 12,2024, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 12,2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of March 12,2024,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § I I-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR LINDER CONDOS MDA H-2023-0074 - I - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of March 12,2024, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for a modification to the terms of the development agreement approved with the annexation is hereby approved per the provisions in the Staff Report for the hearing date of March 12,2024, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of March 12, 2024 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR LINDER CONDOS MDA H-2023-0074 -2- By action of the City Council at its regular meeting held on the 26th day of March 2024. COUNCIL PRESIDENT JOE BORTON VOTED COUNCIL VICE PRESIDENT LIZ STRADER VOTED COUNCIL MEMBER DOUG TAYLOR VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOHN OVERTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 3-26-2024 Attest: Chris Johnson 3-26-2024 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 3-26-2024 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR LINDER CONDOS MDA H-2023-0074 -3- EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT D A H O HEARING March 12,2024 Legend ( 0 DATE: Continued from:February 13, 2024 ( Pr,��i Lcou-Ron I TO: Mayor&City Council :g tR= FROM: Sonya Allen,Associate Planner �`oc1RUT- 208-884-5533 SUBJECT: H-2023-0074 Linder Condos—MDA R7 LOCATION: 300 N. Linder Rd. in the SW 1/4 of I Section 12,T.3N.,R.1 W. 1-L Y'f FRAHKOW _ C- TN-R R1 C-N - 1. PROJECT DESCRIPTION The Applicant proposes a modification to the development agreement required with H-2022-0091,Linder Storage Condos,to allow warehouse and flex space uses along with the previously approved self-service storage facility; and update the conceptual development plan and building elevations. II. SUMMARY OF REPORT A. Project Summary Description Details ` Page Acreage 0.98-acre Future Land Use Des* nation General Industrial Existing Land Use Rural residential property Proposed Land Use(s) Self-service storage facility or warehouse or flex space Current Zoning R1 in Ada County Proposed Zoning Tentatively approved with I-L(Light Industrial)zoning(with approval of the development agreement and annexation ordinance H-2022-0091) Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date 1/11/24 History(previous approvals) Lot 4,Heppers Acre Subdivision;H-2022-0091 (AZ,VAC) Pagel III. APPLICANT INFORMATION A. Applicant: Jeremy Putman,The Architect's Office—499 Main Street,Boise,ID 83702 B. Owner: Greg Herman—300 N. Linder Rd.,Meridian, ID 83642 C. Representative: Same as Applicant IV. NOTICING City Council Posting Date Newspaper notification published in newspaper 1/28/24,2/25/24 Radius notification mailed to property owners within 300 feet 1/26/24,2/24/24 Public hearing notice sign posted 1/13/24,2/28/24 on site Nextdoor posting 1/29/24,2/26/24 V. STAFF ANALYSIS The Applicant proposes to modify the development agreement(H-2022-0091)to allow warehouse and flex space uses in addition to the previously approved self-service storage facility use; and update the conceptual development plan and building elevations for the site. The Applicant's narrative states the target market for these spaces will be for contractors,mostly for storage,with the potential for each space to have a small office and restroom.Note: The development agreement associated with H-2022-0091 has not yet been signed and recorded. Proposed Use: The proposed modification will allow for more variety in the uses allowed on the site as can be accommodated with the proposed development plan. Per UDC Table 11-2C-2,warehouse and flex space uses are listed as principal permitted uses in the I-L district. The proposed uses are subject to the specific use standards listed in the UDC, as follows: • 11-4-3-42 Warehouse: A. Accessory uses allowed. Office not to exceed twenty-five (25)percent and retail sales not to exceed ten(10)percent of the total enclosed area of the use. B. Outside activity areas shall be located a minimum of three hundred(300)feet from any property line adjoining a residence or a residential district. • 11-4-3-18 Flex Space: A. Office and/or retail showroom areas shall comprise a minimum of thirty(20)percent of the structure and/or tenant space. B. Light industry and warehousing shall not comprise more than seventy(70)percent of the tenant space. C. In the C-C, C-G and M-E districts,roll-up doors shall not be visible from a public street. Page 2 D. Except in the I-L and I-H districts, loading docks are prohibited. E. Retail use shall not exceed twenty-five (25)percent of leasable area in any tenant space. Site Plan: Originally, eight(8)tenant spaces were proposed in two (2)buildings;now seven(7)tenant spaces are proposed in two(2)buildings totalling 15,643 s.f.,including mezzanines. The west building had to be reduced in size to accommodate the cross-access easement/driveway required to the adjacent properties to the north and south. Access: Access is proposed via N. Linder Rd., an arterial street. The location of the cross-access driveway to the south has changed from the middle of the site between the buildings to the west side of the front building along Linder Rd.; a cross-access driveway is proposed to the north in alignment with the driveway to the south in accord with UDC 11-3A-3A.2.A Fire Dept. turnaround is proposed between the two structures as depicted on the site plan. Parking: In the I-L zoning district, a minimum of one(1)off-street vehicle parking space is required for every 2,000 s.f. of gross floor area per UDC 11-3C-6B.2, except for self-service storage facilities,which only require parking for the associated office space(if provided)and not for the storage facility. Because a variety of uses are proposed,the more restrictive parking standard should apply to the overall development. Based on the square footage of the structures (i.e. 15,643 s.f.), a minimum of seven(7)parking spaces are required; 13 spaces are provided, exceeding the minimum standard by six(6) spaces,which should be sufficient for any of the uses proposed. The extra spaces should accommodate parking for the flex space use (if developed),which would likely create a need for more parking for customers and employees of the retail/office component of the use. A minimum of one(1)bicycle parking space is required for every 25 proposed vehicle parking spaces or portion thereof per UDC 11-3C-6G;bicycle parking facilities are required to meet the location and design standards listed in 11-3C-5C.A bicycle rack is depicted on the site plan. Development Agreement(DA): The existing DA provisions are included in Section VII.A below; the Applicant's proposed changes are noted in strike-out/underline format. The Applicant requests DA provision #5.1h,which limits the hours of operation for storage facilities from 6:00 am to 11:00 pm as set forth in UDC 11-4-3-34E, is revised to include warehouse&flex space. However,because the proposed uses aren't subject to the same limitations on the hours of operation as storage facilities, Staff does not recommend a change to this provision. The existing and proposed conceptual development plans and building elevations are also included below in Section VII.B. Other than the reduction in the size of the west building,the proposed development plan and elevations are generally consistent with the previously approved plans and conditions of approval. Therefore, Staff is supportive of the proposed changes and inclusion of the additional uses proposed to allow more flexibility for the use of the site. VI. DECISION A. Staff: Staff recommends approval of the proposed Development Agreement modification as requested by the Applicant. B. The Meridian City Council heard this item at the February 13t'and March 12t'public hearings and approved the proposed MDA application. 1. Summary of the City Council public hearine: a. In favor: Jeremy Putman,The Architect's Office(Applicant's Representative):Kim Kelly b. In opposition:None Page 3 C. Commenting: None d. Written testimony: Ronald Hatch.Property owner to the north(in support) e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. Concern pertaining to intensity of the additional uses proposed and their potential negative impact on existing adjacent residential neighbors and the adequacy of on-site parking. b. At the continued hearing.the Applicant addressed previous concerns to the satisfaction of the Council. 4. City Council change(s)to Commission recommendation. a. None Page 4 VII. EXHIBITS A. Existing Development Agreement Provisions—Proposed Changes Shown in Strike-out/Underline format 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1.Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the conceptual development plans included in Section VIII of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit`B,"Unified Development Code Standards,design standards in the Architectural Standards Manual, and the provisions contained herein. b. Comply with the specific use standards for warehouse facilities(UDC 11-4-3-42),self-service storage facilities'; kUDC 11-4-3-34), flex space facilities (UDC 11-4-3-18)and the standards for self- service uses in UDC 11-3A-16,as applicable. c. The existing driveway via N. Linder Rd. Shall be closed and a new driveway constructed in alignment with the driveway on the west side of N. Linder Rd.,unless otherwise approved by the City and ACHD. d. A driveway stub shall be constructed to the northern property line and a cross-access/ingress-egress easement granted to the property to the north(Parcel#R3579000015)in accord with UDC 11-3A-3A.2. A copy of the recorded easement should be submitted to the Planning Division with the Certificate of Zoning Compliance application for the proposed use. e. A driveway stub shall be constructed to the southern property line and a cross-access/ingress-egress easement granted to the property to the south(Parcel#R3579000025)in accord with UDC 11-3A-3A.2. A copy of the recorded easement should be submitted to the Planning Division with the Certificate of Zoning Compliance application for the proposed use. f. A 5-foot-wide buffer shall be provided to the residential land use to the north(Parcel#R3579000015), landscaped per the standards listed in UDC 11-3B-9C, as approved by City Council with consent from the property owner to the north.Note: The City Council approved a reduced buffer width from 25 feet to 5 feet. g. Mitigation is required for existing trees on this site that are removed as set forth in UDC 11-3B-IOC.5. h. The-sStorage facility hours of public operation, if developed on the site, shall be limited to 6:00 a.m. to 11:00 p.m. as set forth in UDC 11-4-3-34E as long as the property abuts a residential district. i. Future structure(s)on the site shall comply with the non-residential design standards in the Architectural Standards Manual for commercial districts(i.e., CD). j. The existing irrigation ditch on the eastern portion of the site shall be piped or otherwise covered as set forth in UDC 11-3A-6. k. A flood plain development permit with base flood elevations and flood protection elevations shall be required with a future development application. Page 5 B. Existing Conceptual Development Plan&Building Elevations VICINITY MAP Wstudio w co FRANKLIN RD REDUCED LS BUFFER APPROVED ; O w —BY ADJACENT PROPERTY OWNER a U 4 EXISTING RESIDENCE(R-1) 4@23'= 92'-0" LLI m9-' C. 4 @ 23'=92'-0" 14 Tom" Q 0 EXISTING - VINYL FENCE O v co EXISTING w 4 PROPO5EDLIGHT FIEPPER'SACRE FIRE TRUCK IRRIGATION DITCH Cr SUBDIVISION INDUSTRIAL I-L URNARDUND W {� v EXISTING LIGHT ❑ mo LINDE INDUSTRIAL(I-L) w— 25'-0 - Ant W LS B FFER J o w Q NEW STORAGE CONDOS! NEVV STO GE CON 5 CREAMLINE PARK Z n 4 � SUBDIVIS ION 226061 io (4}-30'x 60' 0 I ) 30'X 60' BLOCK 1 n I i 30'-0" 30'-0" 27-4 y EXISTING NON-DEDICATED EXISTING EASEMENT TO BE VACATED V I NYL FENCE 30'-3" 11 T-0" SETBACK ,� EXISTING COMMUNITY BUSINESS(C-C) RECORD OF SURVEY No-aeuo 5 PRELIMINARY (;`�PPELINMARY SRE P VJI SITE PLAN Al00 Page 6 Q Q Q EVstudio - —�"A - saga 0 0 Z 0 0 LH Q Y Y Q YCD Q I I � — ®�0 0 — ff9 L �o J z� 220061 4 8 Ex�aioR A201 QY Q EVstudio 0 = -f o m. M U 0 Q �o J z� z M� 22e0s1 GYP � § s euiLowe2 ��RTMEr� A202 Page 7 _ - EVstudio ES�Cve�CO 3a3b447]R2 Irt>petlbe�bnocm tlu[rtti V C.'bt JIAEbM LER II/.+IAff$,.t.ft m+ me.»ee.�eas Hole 0 u W ' IDEPEFSPEGTNE NEW •v t 7 11 1 W } w❑ 1--1 W— J J zp �w 22B46'I F� :o T!6 T PERSPECTIVE VEW 0 3 Page 8 C. Proposed Conceptual Development Plan,Floor Plans&Building Elevations(dated: 2/6/24) - TAO__ I --- ------- --- P it --' THE ARCHITECTS OFFICE �� I --eLDGA- -----J �� r—� —eLDGB_�^ b� I I I — LU W I I CINDER CONDOS I I ec I Enaeuexr'cceae Fort Frtorvmmixesa�m pie moo, 3WN LINDER RU MERIDIAN,ID 83687 SITS LAN-NEW Project status NOT FOR— CONSTRUCTION lIP A1 .0 `;ITE PL-,N Page 9 QQ 4 Q TA- I F-I _��` - ,.r +urpRCNI1ECTS�7hH4t o a LIMDER CONDOS L "A FLOOR PLAN OO O O NOT Fpi I I I I caNSTuucnox A F I F 6 MEIIANINE A PLUI . omR A2 NO sRmi1[nsarraE- �- LINDER CM06 1-1 F� T117 4V e.e M az.1 Page 10 4 4 Q 4 4 Q TArJ T4 I ARCH REMO FF I C I = ,O 0 0- o o LINDEN CONDOS BIDG A WBT ELE4AlICN ELOO A SO-ELEYATON NOTu A5.0 ==1 Q Q 4 4 4 Q Q TAO THENaNDECU FFIQ (� LINDERCONDDS 3s.`. 4 „ coxsrnucnox A5.1 Page 11 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Stonehill Church (H-2023-0041) by Stonehill Church, located at 799 W. Amity Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN AND DECISION& ORDER In the Matter of the Request for Modification to the Existing Development Agreement(MDA)(H- 2015-0019,Inst.#2016-007090)to Allow for the Development of a Church on a Portion of the Property and Removal of that Property from the Original Agreement for Inclusion in a New Agreement; Rezone(RZ)of 13.4913.36-acres of Land from the R-4 to the R-8 Zoning District; Conditional Use Permit(CUP)for a Church on 13.21 13.09-acres of Land in an R-8 Zoning District; and Preliminary Plat(PP) Consisting of 4 Building Lots on 65.43-acres of Land in the R-4 and R-8 Zoning Districts for Stonehill Crossing Subdivision,by Stonehill Church. Case No(s).H-2023-0041 For the City Council Hearing Date of: March 12,2024 (Findings on March 26,2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of March 12,2024, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of March 12, 2024, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 12,2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of March 12,2024,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR STONEHILL CHURCH MDA RZ PP CUP H-2023-0041 - 1 - Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of March 12,2024, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § I I-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for a modification to the development agreement,rezone,preliminary plat and conditional use permit is hereby approved per the conditions of approval in the Staff Report for the hearing date of March 12,2024, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR STONEHILL CHURCH MDA RZ PP CUP H-2023-0041 -2- Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one (1)two(2)year period.Additional time extensions up to two(2)years as determined and approved by the City Council may be granted.With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title I I(UDC 11-513-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of March 12, 2024 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR STONEHILL CHURCH MDA RZ PP CUP H-2023-0041 -3- By action of the City Council at its regular meeting held on the 26th day of March 2024. COUNCIL PRESIDENT JOE BORTON VOTED COUNCIL VICE PRESIDENT LIZ STRADER VOTED COUNCIL MEMBER DOUG TAYLOR VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOHN OVERTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 3-26-2024 Attest: Chris Johnson 3-26-2024 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 3-26-2024 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR STONEHILL CHURCH MDA RZ PP CUP H-2023-0041 -4- EXHIBIT A STAFF REPORT E IDAN�-- COMMUNITY DEVELOPMENT DEPARTMENT 1 ! H Q HEARING March 12, 2024 Legend DATE: leiPFaject Lacs i�an r TO: Mayor&City Council FROM: Sonya Allen,Associate Planner ------' 208-884-5533 SUBJECT: Stonehill Church—MDA,RZ,PP, CUP - H-2023-0041 � LOCATION: 799 W.Amity Rd.,in the north 1/2 of Section 36,T.3N.,R.IW. -- ------- OF 1 I. PROJECT DESCRIPTION Modification to the existing Development Agreement(MDA) (H-2015-0019,Inst. #2016-007090)to allow for the development of a church on a portion of the property and removal of that property from the original agreement for inclusion in a new agreement; Rezone(RZ) of 43.49 13.36-acres of land from the R-4 to the R-8 zoning district; Conditional use permit(CUP) for a church on 43.21- 13.09-acres of land in an R-8 zoning district; and Preliminary Plat(PP) consisting of 4 building lots on 65.43-acres of land in the R-4 and R-8 zoning districts for Stonehill Crossing Subdivision. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 65.43-acres Future Land Use Designation Low Density Residential(LDR) Existing Land Use Rural residential,agriculture with 2 existing homes Proposed Land Use(s) Commercial(church)—existing residential homes are proposed to remain Current Zoning ' R-4(Medium Low-density Residential) Proposed Zoning R-8(Medium-density Residential)for the church site(Lot 1,Block 1). The remaining area (Lots 2-3, Block I and Lot 1,Block 2)will remain R-4(Medium Low-density Residential) Lots(#and type;bldg/common) 4 building lots/0 common lots Phasing plan(#of phases) 1 Number of Residential Units(type 2 existing single-family detached units that will remain of units) Page 1 Density(gross&net) 0.04 units/acre(R-4 residential portion of the property will be resubdivided in the future prior to development) Open Space(acres,total [%]/ NA(residential portion of the property will be resubdivided in the future) buffer/qualified) Amenities NA(residential portion of the property will be resubdivided in the Mfuture) Physical Features(waterways, The Calkins Lateral crosses the western portion of this site and the Belle Sub hazards,flood plain,hillside) Lateral runs along the southern portion of the east boundary of the site. Neighborhood meeting date 6/26/23 History(previous approvals) H-2015-0019(South Meridian—Kent&Donna Mills Development Agreement Inst. #2016-007090, AZ Ordinance#16-1670); ROS#2914 (1994); ROS #10324 (2015) B. Community Metrics Description Details Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no • TIS(yes/no) No • Level of Service(LOS) Amity Rd.:Better than"E" • Trip Generation(estimate) 351 additional vehicle trips/day(19 existing);23 additional vehicle trips/hour in the PM peak hour 2 existing) • Existing Conditions • CIP/IFYWP Capital Improvements Plan(CIP)/Integrated Five Year Work Plan(IFYWP): • Linder Road is listed in the CIP to be widened to 3-lanes from Amity Road to Lake Hazel Road between 2036 and 2040. • The intersection of Linder Road and Amity Road is listed in the CIP to be reconstructed as a dual lane roundabout with a westbound right-turn bypass lane with 4-lanes on the north leg, 4-lanes on the south,4-lanes on the east,and 4-lanes on the west leg between 2036 and 2040. • The intersection of Amity Road/SH-69 is listed in the CIP to be widened to 6-lanes on the north leg,6-lanes on the south,7-lanes on the east,and 7-lanes on the west leg and signalized between 2031 and 2035. Access(Arterial/Collectors/State There are three(3)existing driveways via W.Amity Rd.,an arterial street— Hwy/Local)(Existing and one for farm access at the west boundary,one for irrigation district access Proposed) along the Calkins Lateral and one for the existing homes.An emergency only access is proposed via Amity and two accesses are proposed via Oak Briar, the collector street,on Lot 1,Block 1 —one of which will also provide access to the existing residence on Lot 2,Block 1;a temporary access for the existing home is proposed on Lot 1,Block 2.The existing farm access and irrigation district access road are proposed to remain until future resubdivision of the property. Proposed Road Improvements • ACHD is requiring dedication of ROW totaling 50' from centerline of Amity and pavement widening to 17' from centerline with a 3' wide gravel shoulder along the frontage of the property. • A roundabout is required at the Amity/Oak Briar intersection. Fire Service Page 2 • Distance to Fire Station 2.6 miles from Station#6 • Fire Response Time Don't have total response times that meet NFPA 1710 standards or current City adopted standards. • Resource Reliability 84%(does meet targeted goal of 80%or greater) • Risk Identification 4(current resources are not adequate) • Accessibility Meets all required access,road widths and turnarounds. • Special/resource needs Will require an aerial device; can meet this need. • Water Supply 3,000 gallons per minute for 2 hours • Other Resources Police Service No comments were received West Ada School District No comments received Wastewater - • Distance to Sewer Services • Sewer Shed • Estimated Project Sewer ERU's See application • WRRF Declining Balance 14.61 MGD • Project Consistent with WW Master Plan/Facility Plan • Impacts/Concerns Water • Distance to Services Available at site • Pressure Zone 5 • Estimated Project Water ERU's See application • Water Quality Concerns None • Project Consistent with Water Yes Master Plan • Impacts/Concerns Fire flow modeled at 2,000 GPM.If additional flow is required,contact Public Works. C. Project Maps Future Land Use Map Aerial Map Legend Me ITHI 0 Legend 0 Pro}ect Lacaton ns lei Project Luca ton Re side tia nnu-C '~ Megd ium Density 'I Residential - Page 3 Zoning Map Planned Development Map Legend - 0 Legend Prajeot Lncafiar Projent Lnca-flor City Limit I — Plonned Pume s I �rnnn r , i Ru RUT � �" I-R u14 'A 7N-R Ry - A RUT - ll2 F R!d TN-R --i R� A. Applicant: Kason Wedel, Stonehill Church— 1608 N. Meridian Rd.,Meridian,ID 83686 B. Owners: Stonehill Church— 1608 N. Meridian Rd.,Meridian,ID 83686 Kent&Donna Mills—799 W.Amity Rd.,Meridian, ID 83642 C. Representative: Same as Applicant III. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 1/16/2024 2/25/2024 Radius notification mailed to property owners within 300 feet 1/12/2024 2/24/2024 Public hearing notice sign posted 1/12/2024 3/1/2024 on site Nextdoor posting 1/12/2024 2/26/2024 IV. COMPREHENSIVE PLAN ANALYSIS LAND USE: This property is designated as Low Density Residential(LDR)on the Future Land Use Map (FLUM)contained in the Comprehensive Plan. This designation allows for the development of single-family homes on large estate lots at gross densities of three dwelling units or less per acre. These areas often transition between existing rural residential and urban properties. Developments need to respect agricultural Page 4 heritage and resources,recognize view sheds and open spaces,and maintain or improve the overall atmosphere of the area. The use of open spaces,parks,trails, and other appropriate means should enhance the character of the area. Density bonuses may be considered with the provision of additional public amenities such as a park, school,or land dedicated for public services. TRANSPORTATION: The Master Street Map(MSM)depicts W.Amity Rd. as a residential arterial street along the northern boundary of this site.A north/south residential collector street is depicted on the MSM through this property from Amity Rd. to the southern boundary of the site for fixture extension to the south. A roundabout is depicted at the Amity Rd./collector street intersection. ACHD's Roadways to Bikeways Master Plan(BMP) identifies Amity Rd. as an existing Level 1 facility and future Level 3 facility that will be constructed as part of a future ACHD project. The BMP also identifies Level 1 facilities on the new collector street within the site which should be constructed consistent with the MSM and the BMP. Transit services are not available to serve this site. PROPOSED USE:The Applicant's proposal to develop a church on this site with fixture single-family residential uses is generally consistent with the LDR FLUM designation,which supports residential zoning in which a church use is allowed as a conditional use and single-family residential densities at 3 or fewer units per acre are allowed. The portion of the site zoned R-4 is proposed to be platted with"mega"lots for fixture resubdivision prior to development. With fixture resubdivision,the density of the overall area should be consistent with the density desired of 3 or fewer units per acre in the LDR FLUM designation. GOALS,OBJECTIVES,&ACTION ITEMS: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) The future residential development will contribute to the variety of housing types available within the City for present and future residents. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer service is available and can be extended by the developer with development in accord with UDC 11-3A-21. • "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices."(3.07.01A) The proposed site design of the church includes perimeter landscaping which should assist in screening the use from existing and future residential uses in the vicinity. The future redevelopment of the residential area at densities of three (3) or fewer units per acre should be compatible with adjacent existing and future uses. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed church and future single-family residential uses should be compatible with existing and future residential uses in the vicinity which should minimize conflicts and maximize use of land. • "Integrate the Meridian Pathways Master Plan into the site development review process to ensure planned paths are built out as adjacent land develops."(3.07.02H) Page 5 With future resubdivision of the residential portion of the property, a segment of the City's multi-use pathway system will be required to be constructed along the Calkins Lateral in accord with the Pathways Master Plan. In the interim, an easement for the pathway should be recorded with the proposed subdivision. • "Locate smaller-scale,neighborhood-serving commercial and office use clusters so they complement and provide convenient access from nearby residential areas, limiting access to arterial roadways and multimodal corridors."(3.07.02B) The proposed church will provide an opportunity for public worship in this portion of the City near existing and future residential uses. • "Eliminate existing private treatment and septic systems on properties annexed into the City and instead connect users to the City wastewater system; discourage the prolonged use of private treatment septic systems for enclave properties." With redevelopment of the site, the existing homes are required to connect to City water and sewer service and the existing septic system and well should be abandoned. V. STAFF ANALYSIS A. DEVELOPMENT AGREEMENT MODIFICATION(MDA) The subject property is part of a larger area annexed into the City with the South Meridian annexation application in 2015 (H-2015-0019). As a provision of annexation, a Development Agreement(DA)was required between the City and the property owner(Kent&Donna Mills,DA Inst. #2016-007090). Among other provisions,the DA requires an amendment to the agreement prior to any future development of the site in order to approve the proposed development plan. An amendment to the DA is requested for the development of a church on the northeast portion of the property. The amendment proposes to remove the church property on proposed Lot 1,Block 1 from the existing DA in favor of a new DA,which will only govern development of the church property. The remainder of the property,will continue to be governed by the existing DA until such time as the property develops in the future,at which time the agreement will be amended to include a conceptual development plan. A legal description for the property subject to the new DA is included in Section IX.A. A site plan was submitted,included in Section VIII.E,that shows how the portion of the site subject to the new DA will develop with a church and associated access,parking and drive aisles. Analysis of this plan for compliance with UDC standards is included below under Sections VI.C,D. Future development of this site (proposed Lot 1,Block 1) should be generally consistent with the proposed site plan, subject to the conditions contained in this report for the preliminary plat and conditional use permit as noted below in this section. Staffs recommended DA provisions are included in Section VIII.A based on the analysis below. B. REZONE(RZ) The Applicant proposes to rezone 13.49 13.36-acres of land from the R-4 to the R-8 zoning district for the development of a church, consistent with the LDR FLUM designation as discussed above in Section V. A legal description and exhibit map for the rezone area is included in Section VIII.A. A site plan was submitted,included in Section V11I.E that shows how the rezone area is proposed to develop with a church. Page 6 A church is listed as a conditional use in the R-8 zoning district per UDC Table 11-2A-2. Future development is subject to the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. As noted above, a new DA is proposed for the rezone area. C. PRELIMINARY PLAT(PP): The proposed preliminary plat consists of 4 building lots on 65.43-acres of land in the R-4 and R-8 zoning districts for Stonehill Crossing Subdivision. The subdivision is proposed to develop in one(1) phase if Council approves the request for deferral of certain improvements as noted below.If Council does not approve the requested deferral,the Applicant would like to develop the plat in phases. Proposed Use: A church is proposed to develop on Lot 1,Block 1. There are two(2) existing homes that are proposed to remain on Lot 2,Block 1 and Lot 1,Block 2. Lot 3,Block 1 and Lot 1,Block 2 are proposed as"mega"lots to be resubdivided in the future consistent with the density desired in the LDR FLUM designation. Staff recommends no building permits are allowed to be issued on Lot 3,Block 1; and no building permits except for an accessory structure(s)(if desired)is allowed to be issued on Lot 1,Block 2 until these lots are resubdivided in the future. Conceptual Development Plan for Resubdivision: A conceptual development plan was submitted for a possible site layout for the fixture resubdivision of Lot 3,Block 1 and Lot 1,Block 2, as shown in Section VII.D. Future development is not tied to this plan as a DA modification is not proposed or required with this application. However,requested a development plan be submitted for this area for consideration. Staff offers the following comments on this plan: • Dead end streets(i.e. Street C) should not be longer than 500'; however, City Council may approve a dead end street up to 750' in length where an emergency access is proposed or a large waterway exists that prevents or makes impractical the extension or other conditions exists as noted in UDC 11-6C-3B.4.Although an emergency access via W. Amity Rd. is proposed and there is a large waterway that exists at the east end of the street,the dead end street exceeds 750' at 870' in length. • Block faces are limited to 750' in length without an intersecting street or alley, except Council may approve a block face up to 1,200' where block design is constrained by site conditions such as an abutting arterial street or a large waterway and/or irrigation facility, among other conditions. The block face on the north side of Street C exceeds the minimum block face length allowed and would require approval from City Council as proposed. • Stub streets should be provided to adjacent parcels for future extension and interconnectivity. A collector street is no longer required at the west end of the site along the southern boundary as the collector street has been moved to the south in alignment with Quartz Creek St. and is no longer needed in this location. • The Applicant should consult the Irrigation District to see if a pedestrian bridge will be allowed across the Calkins Lateral. • A local street should be provided between Lots 1 and 2,Block 1 from S. Oak Briar St. to the east end of Lot 2,Block 1, at a minimum,to reduce access points on the collector street and in accord with UDC 11-3A-3A.3,which requires all subdivisions to provide local street access to any use that currently takes direct access from an arterial or collector street. • The Calkins Lateral and the Belle Sub Lateral are required to be piped unless used as a water amenity or linear open space as defined in UDC 11-IA-1 per UDC 11-3A-6B. The decision-making Page 7 body may waive this requirement if it finds that the public purpose requiring such will not be served and public safety can be preserved. • If the Calkins Lateral and the Belle Sub Lateral are approved to be left open and not required to be piped and not improved as a water amenity or linear open space as noted above,fencing will be required to deter access to the laterals for public safety per the standards listed in UDC 11-3A-6C. • Common open space and site amenities will be required in accord with the standards set forth in UDC 11-3G-3 and 11-3G-4. • Access to the collector(i.e. S. Oak Briar Way) and arterial streets (i.e.W.Amity Rd.) is limited as set forth in UDC 11-3A-3A,unless otherwise waived by City Council. Existing Structures/Site Improvements: There are two(2)existing homes and associated accessory structures on the property that are proposed to remain on Lot 2,Block 1 and Lot 1,Block 2 as shown on the aerial map below. The addresses of the existing homes are required to change with development of the subdivision as they will no longer be directly accessed from Amity Rd. There are four(4) existing radio towers on the abutting property to the east, depicted as green squares on the map below,whose easements encroach on this site. w � 0 A c w Existing Easements: There are two(2)existing radio tower easements,recorded in 1945, depicted on the plat on the east side of Lots 1 and 3,Block 1 for the towers shown on the aerial map above. These easements may limit the placement of underground utilities located within the easements until the towers are removed at an undetermined date in the future. The proposed location of the church building on Lot 1,Block 1 is outside of these easements. Request for Deferral of Improvements: Because Lot 3,Block 1 and Lot 1,Block 2 are not proposed to develop at this time and are proposed to be resubdivided in the future prior to development,the Applicant requests deferral of certain improvements typically required with the plat, as follows: • Amity Rd. frontage improvements along Lot 1,Block 2 (i.e.pavement widening,borrow ditch/drainage improvements, 10' wide multi-use pathway, street buffer landscaping and associated overhead and underground utility relocations (see narrative for more information). (Note: ACHD will require a formal request for a waiver of policy and written support from the City to defer the road widening and sidewalk until future resubdivision of this lot.) Staff is amenable to this request if City Council and ACHD finds it appropriate. • 10' wide multi-use pathway along the east side of the Calkins Lateral on Lot 1,Block 2. Page 8 Staff is amenable to this request as this lot will be resubdivided in the future and the pathway can be constructed with future development. In the interim, the Park's Dept. requests a public pedestrian easement for the future pathway is provided with subdivision of the property. Dimensional Standards (UDC 11-2): Future development is required to comply with the dimensional standards listed in UDC Tables 11-2A-5 for the R-4 zoning district and 11-2A-6 for the R-8 zoning district. The proposed lots comply with the minimum dimensional standards. The existing homes and accessory structures on Lot 2,Block 1 and Lot 1,Block 2 appear to comply with the minimum setback standards of the district. Any structures that do not comply with the minimum setback standards should be removed prior to submittal of the final plat for City Engineer signature. Subdivision Design&Improvement Standards: The proposed subdivision is required to comply with the design and improvement standards listed in UDC 11-6C-3. Transportation: There are currently no public streets within the site and no stub streets exist to this site. Amity Rd. is currently a 2-lane roadway with no curb,gutter or sidewalk abutting the site within 50' of ROW(20-25' from centerline).ACHD is requiring dedication of ROW totaling 50' from the centerline of Amity Rd. abutting the site and widening of the pavement to 17' from centerline plus a 3' wide gravel shoulder adjacent to the entire site. There are three(3)existing access driveways via Amity Rd.—one at the west boundary for farm access, one for irrigation district access along the Calkins Lateral,and one that provides access to the two(2) existing residences on the site. The residential driveway will be replaced by the new collector street;the other two(2)driveways may remain until Lot 1, Block 2 is resubdivided in the future,unless otherwise required to be removed by ACHD. A collector street is proposed as depicted on the plat from W. Amity Rd. at the northern boundary of the site extending to the southern boundary of the site in accord with the Master Street Map(MSM). A temporary cul-de-sac is required to be constructed at the terminus of the collector street at the south boundary with a minimum turning radius of 50' as required by ACHD. The MSM also depicts a multi-lane roundabout at the Amity Rd./Oak Briar Way intersection. The Applicant is required to dedicate right-of-way(ROW)for construction of the roundabout consistent with the template shown in the ACHD report. A roundabout exhibit was submitted,included in Section VIII.B, in accord with this template. Access(UDC 11-3A-3): Three accesses are proposed to the future church on Lot 1,Block 1. Two (2) accesses are proposed via the collector street(S. Oak Briar Way)on Lot 1,Block 1; the northern access is proposed for the church and the southern access is proposed to be a shared access for the church and the existing residence. The other access at the east end of Lot 1,Block 1 via W.Amity Rd. is proposed is for emergency access only. The UDC(11-3A-3) limits access points to collector and arterial streets to improve safety and to ensure that motorists can safely enter all streets,unless otherwise waived by City Council.Further,the UDC (11-3A-3A.1)requires all subdivisions to provide local street access to any use that currently takes direct access from an arterial or collector street. The Applicant requests approval of a waiver from Council for the two(2)proposed accesses via the collector street(Oak Briar)proposed on Lot 1,Block 1. Because a subdivision is proposed, Staff recommends a street is constructed from the collector street(Oak Briar)between Lots 1 and 2,Block 1 to provide local street access to the church and the existing residence.A cul-de-sac or ACHD/Fire Dept. approved turnaround should be provided at the end of the street,which should extend to at least the eastern boundary of Lot 2,Block 1 but may extend further depending on the access needs of the church.This street should be extended in the future with resubdivision of Lot 3,Block 1. Page 9 Staff recommends bollards are constructed with a chain and a Knox padlock at the emergency access driveway via Amity Rd.to prohibit public access. Landscaping: A 25-foot wide street buffer is required along W. Amity Rd., an arterial street,measured from ultimate back of curb location; and a 20-foot wide street buffer is required along S. Oak Briar Way measured from back of curb. Landscaping is required to be installed within the buffers in accord with the standards listed in UDC 11-3B-7C.3; the proposed landscape plan should be revised to comply with these standards. Landscaping should be provided in parkways in accord with the standards listed in UDC 11-3A-17E and 11-3B-7C. There are some existing trees on the site but they appear to be contained within Lots 2,Block 1 and Lot 1,Block where the existing homes are located. A few trees appear to be located in the area where the collector street will be extended,which will not require mitigation. Common Open Space& Site Amenities(UDC 11-3G-3): Because all of the residential portion of the property except for Lot 2,Block 1 will be resubdivided in the fixture, Staff recommends the provision of open space and site amenities is deferred until that time. Pathways: All pathways should be constructed in accord with the standards listed in UDC 11-3A-8 and 11-3B-12C. A multi-use pathway is depicted on the Pathways Master Plan along the east side of the Calkins Lateral.A 14-foot wide public access easement should be submitted to the City and depicted on the plat for the multi-use pathway(10' for the pathway+2' shoulder each side).If permission can be obtained from the Irrigation District,the pathway may be located with their easement; if not,the pathway shall be located in a separate linear lot outside of the irrigation easement behind the fixture rear residential lot lines. Construction of the pathway may be deferred until future development of Lot 1,Block 2. Sidewalks(11-3A-17): Minimum 5' wide detached sidewalks are required within street buffers along collector and arterial streets per UDC 11-3A-17. However,ACHD policy requires a greater width of 10' along arterial streets;therefore,a 10' wide pathway should be provided as proposed a minimum of 38' from the centerline of Amity abutting the site. Waterways: The Calkins lateral crosses the western portion of this site within a 56' wide easement(28' on each side of the centerline); and the Belle Sub Lateral runs along the southeast portion of the site within a 50' wide easement(25' on each side of the centerline)as depicted on the plat. The UDC(11-3A-6B)requires all irrigation ditches/laterals crossing the site that aren't being improved as a water amenity or linear open space as defined in UDC 11-1A-1 to be piped or otherwise covered, unless otherwise waived by City Council. Because both of the waterways on this site lie on lots(i.e. Lot 3,Block 1 and Lot 1,Block 2)that will be resubdivided in the future prior to development, Staff recommends the piping of these waterways take place upon resubdivision of these lots. This property is located in an"area of minimum flood hazard"in flood zone"X"(see FEMA map for more information). Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-6C and 11-3A-7. Fencing is not depicted on the landscape plan. Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. However,because Lot 3,Block 1 will be resubdivided in the future prior to development, Staff recommends services are not required to be provided to that lot at this time. The existing homes on Lot 2,Block 1 and Lot 1,Block 2 are 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. Page 10 Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. Pressurized Irrigation System (UDC 11-3A-15): Underground pressurized irrigation water is required to be provided to each lot within the subdivision per UDC 11-3A-15. However,because Lot 3,Block 1 will be resubdivided in the future prior to development, Staff recommends underground pressurized irrigation is not required to be provided to that lot at this time.Pressurized irrigation should be provided to the existing homes on Lot 2,Block 1 and Lot 1,Block 2. Storm Drainage(UDC 11-3A-18):An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances.Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. A Geotechnical Investigation Report was submitted with this application. D. Conditional Use Permit(CUP) A CUP is proposed for a 52,000+/- square foot(s.f.) church on 13.21 13.09-acres of land in an R-8 zoning district as required by UDC Table 11-2B-2. Phasing: The church(and associated drive aisles,parking and landscaping) is proposed to develop in two (2)phases as shown on the phasing plan in Section VIII.E. The first phase will consist of approximately 40,000 s.f. and the second phase will consist of approximately 12,000 s.f. Specific Use Standards: Churches are subject to the specific use standards listed in UDC 11-4-3-6,as follows: "Schools, child daycare services, meetingfacilities for clubs and organizations, and other similar uses not operated primarily for the purpose of religious instruction, worship, government of the church, or the fellowship of its congregation may be permitted to the extent the activity is otherwise permitted in the district." Dimensional Standards: Future development of this site should comply with the dimensional standards of the R-8 zoning district in UDC Table 11-2A-6. Access: The extension of the residential collector street(S.Oak Briar Way)shall be completed with development of the subdivision prior to issuance of Certificate of Occupancy for the church. Pathway/walkway: A 5' wide pedestrian walkway is proposed as required from the perimeter sidewalk along Amity and Oak Briar to the main building entrance of the church in accord with UDC 11-3A- 19B.4. The walkways should be distinguished from the vehicular driving surface through the use of pavers,colored or scored concrete,or bricks. Minimum 5' wide walkways should be provided in the parking area for any aisle length that is greater than 150 parking spaces or 200' away from the primary building entrance(s) as set forth in UDC 11-3A-19B.4c. Pedestrian connections with pathways should be provided from the church site to future abutting residential uses to the east and south for interconnectivity. Sidewalks(UDC 11-3A-1 : All sidewalks around buildings are required to be a minimum of 5' in width. Parking: Off-street parking is required to be provided based on the square footage of the church per the standards set forth in UDC 11-3C-6B.1 for commercial districts (i.e. 1 space for every 500 s.f. of gross floor area). Based on a total of 52,000+/- s.£, including the future addition, a minimum of 104 spaces will be required. The Applicant proposes to provide 545+/-spaces with the first phase and 269+/- spaces with the second phase,which exceeds the minimum standards by 710+/-spaces. Page 11 Parking stalls and drive aisles should comply with the dimensions noted in UDC Table 11-3C-5. Where parking spaces abut a sidewalk or a perimeter landscape buffer,wheel stops should be provided to prevent vehicle overhang or the length of the parking space may be reduced 2' if an additional 2' is added to the width of the sidewalk or the perimeter buffer to total 7' as set forth in UDC 11-3C-5B.4. The site plan submitted with the Certificate of Zoning Compliance application should depict dimensions that demonstrate compliance with these standards. Landscaping: Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-8C; the landscape plan submitted with the Certificate of Zoning Compliance application should comply with these standards. Landscaping is required to be provided along all pathways in accord with the standards listed in UDC 11-3B-12C. Outdoor Lighting(UDC 11-3A-11 : All outdoor lighting is required to comply with the standards listed in UDC 11-3A-11C. Light fixtures that have a maximum output of 1,800 lumens or more are required to have an opaque top to prevent up-lighting;the bulb shall not be visible and shall have a full cutoff shield in accord with Figure 1 in UDC 11-3A-I IC. Details of the site lighting demonstrating compliance with these standards should be submitted with the Certificate of Zoning Compliance application. Outdoor Service&Equipment Areas(UDC 11-3A-12): Outdoor utility meters, HVAC equipment, trash dumpsters,trash compaction and other service functions should be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets. Safe access and adequate lighting should be provided in these areas. The site plan submitted with the Certificate of Zoning Compliance application should demonstrate compliance with these standards. Building Elevations: Conceptual building elevations of the proposed 2-story church structure are included in Section VIII.G. Building materials consist of a mix of stucco,vertical rough sawn NICHIHA architectural wall panels and corrugated painted metal panels in horizontal orientation. These elevations have not been reviewed for compliance with the design standards in the Architectural Standards Manual and are not approved with this application. Review will take place with submittal of a design review application with a Certificate of Zoning Compliance application prior to submittal of a building permit application. Certificate of Zoning Compliance(CZC): A CZC application is required to be submitted and approved for the proposed church prior to submittal of a building permit application. Design Review: A Design Review application should be submitted concurrently with the CZC application for approval of the design of the proposed structure. Compliance with the design standards in the Architectural Standards Manual is required. VI. DECISION A. Staff: Staff recommends approval of the proposed DA modification,rezone,preliminary plat and CUP with the provisions in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on February 1, 2024. At the public hearing,the Commission moved to recommend approval of the subject RZ, PP and CUP requests. 1. Summary of Commission public hearing: a. In favor: John Rennison, Rennison Design(Applicant's Representative) b. In opposition:None C. Commenting. None Page 12 d. Written testimony: John Rennison,Rennison Design(Applicant's Representative) e. Staff presenting gpplication: Sonya Allen f. Other Staff commenting on application: Bill Parsons 2. Key issue(s)of public testimony a. None 3. Key issue(s)of discussion by Commission: a. None^ 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)ssue(s) for City Council: a. The Applicant requests a waiver to UDC 11-3A-3A.1 to allow two(2)access drives via S. Oak Briar Way, a collector street, on Lot 1, Block 1. b. The Applicant requests deferral of several improvements Wically required with a subdivision,until such time as Lot 3,Block 1 &Lot 1,Block 2 is re-subdivided in the future,as follows: street buffer landscaping& 10' wide sidewalk along Amity Rd. west of the collector street;the 10' wide multi-use pathway along the Calkins Lateral; open space& site amenities for the residential development;pipingor r improving the laterals that cross this site as a water amenity or linear open space; and closing of the existing farm access and irrigation district accesses via Amity Rd.If Council does not approve the request, the Applicant proposes to phase the development to defer these improvements. b. If Council does not require a local street to be provided between Lots 1 and 2,Block 1, Staff recommends a new preliminM plat condition is added for the plat to be amended to include a"flag"out to the future cul-de-sac on the east side of Lot 2,Block 1 as shown on the conceptual development plan and condition#2.1 g requiring such is removed. C. The Meridian City Council heard these items on March 12,2024.At the public hearing.the Council moved to approve the subject MDA. RZ. PP and CUP requests. 1. Summary of the City Council public hearing: a. In favor: John Rennison,Rennison Engineering: Doug Connelly, Stonehill Church b. In opposition:None c. Commenting: None d. Written testimony: None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. Council preferred the local street access proposed by the Applicant via the collector street(over the direct access to the collector street)due to the increased connectivity within the development and was in support of one(1) driveway access via the collector street for the church: and b. Council supported the request for deferral of certain improvements associated with the preliminary plat as noted. 4. City Council change(s)to Commission recommendation: a. Council required the construction of a local street between Lots 1 and 2.Block 1 as proposed by the Applicant for access to the church and existing home as shown in the exhibit in Section VII.D: and Page 13 b. Council approved a waiver to UDC 11-3A-3A.1 for one (11 direct access via the collector street on Lot 1,Block 1 for the church. VII. EXHIBITS A. Legal Descriptions &Exhibit Maps for Rezone&New Development Agreement—REVISED Page 14 Rezone: Description for R-8 Zone Stonehill Crossing Subdivision September 20, 2023 A portion of the North 112 of Section 36,Township 3 North, Range 1 West, Boise Meridian, City of Meridian,Ada County, Idaho, more particularly described as follows, Commencing at the North 114 corner of said Section 36 from which the Northwest corner of said Section 36 bears North 89°32'29"West, 2,650.91 feet;thence on the north line of said Section 36,South 89°04'30"East, 38.65 feet to the POINT OF BEGINNING: thence continuing,South 89"04'30"East,478.26 feet; thence leaving said north line,South 00°55'30"West,25.00 feet; thence South 45°31'08"East,432.13 feet; thence South 26'33'19"East,374.29 feet; thence 110.35 feet on the arc of a curve to the left having a radius of 165.50 feet,a central angle of 38'12'15",and a long chord which bears South 52'52'14"West, 108.32 feet; thence South 33°46'07"West, 11.67 feet; thence North 89°04'30"West,942.31 feet; thence North 00°32'48"East, 60.50 feet; thence 245.16 feet on the arc of a curve to the right,having a radius of BOO.DO feet,a central angle of 17`33'29",and a long chord which bears North 09'19'32"East, 244.20 feet; thence 244.85 feet on the arc of a curve to the left, having a radius of 800.00 feet,a central angle of 17'32'14",and a long chord which bears North 09°20'12"East, 243.89 feet; thence North 00°34'07"East, 108.05 feet to the POINT OF BEGINNING. Containing 13.360 acres, more or less- S�flNNt LA�yp End of Description. 11779 A [D¢9rE OF `oP p� 1M cC N Page 1 of 1 Page 15 Paint of Beginning 5.2fi 5.25 Basis of Bearings S89'04'30"E 7318,52. E 1/16 N139'32'29"W 2650.91' N1/4 W. Amity Rd. _ 80i.61' 5,35 S.36 589'0430"E 478.26' L1 38.65' J � I sal/ I pF � I ram. I U I f13.360 Acres I s a� a� v, Line Table [V �1 U � Line Bearing Length L1 SOC 55'30"W 25.00' L2 S33'46'07"W 11.67' J G1 L3 N00'32'48"E 50.50' N59-04-30"W 942.31' L2 L4 N00'34'07"E 195,05' �a�pL tR1ya Curve Table 0rFNSE Curve Length Radius Delta Chord Bearing Chord Length a ��n p� J Scale: 1"=200' C1 110.35' 165.50' 38'12'15" S52'52'14"W 108.32' J 'r�`? Zahs7'�yQ 0 50 100 200 400 C2 245.16' B00 00' 17'33'29" N09'19'32'E 244.20' LQO 9pE OF C3 244.85' 800,00' 1712'10" N09'20'12'E 243.89' y�C Mciz � �2-P3B\I•plEdGlJtF2wv R9 wp BfMf�023 k4k 3�AM I-t LI Exhibit Drawing for Jon No. DA lO 22-039 SURVEY 9B5 WEM-DS. R-8 Zone Sheet No. BORE I-- (2a618 57D 5tonehill Crossin Subdivision 1 GROUP, LLC A parti— ar the 1,11/2 of Section W. T.31,1., RAW., 6.M., Drg. Date City Of Meridian, Ada County, Idaho. 9/70/zox3 Page 16 New Development Agreement: Description for Development Agreement Mod iflcatlon September 20, ZUZ3 A portion of the North 112 of Section 36, Township 3 North, Flange 1 West, Boise Meridian, City of Meridian, Ada County. Idaho, more particularly described as frrllows. Commencing at the North 114 corner of said Section 36 from which the Northwest corner of said Section 36 bears North 89"32'29"West, 2.650.91 feet; thence on the north line of said Section 36, South 89'D4'30" East, 38.65 feet;thence leaving said north line, South 00"34'07"West.25_00 feet to the south right-of-way line of _ Amity Road and the POINT OF BEGINNING: thence on said south right-of-way line, South SWUM" East, 478_11 feet; thence leaving said south dght-of--way line, South 45631'68" East,432.13 feet; thence South 26°33"1Oil East, 374.20 feet; thence 110.35 feet on the arc of a curve to the left, having a radius of 165.50 feet, a central angle of 3891216'. and a long chord which bears South 52'52'14"West, 108.32 feet; thence South 3346'67"West, 11.S7 feet; thence North 59°04'30"West, 942.31 feet; thence Forth 00'32'46" East, 56.50 feet; thence 245.16 feet on the arc of a curve to the right, having a radius of 800.00 feet, a central angle of 17033'29", and a long chord which bears North 09°19'32" East, 244.20 feet; thence 244.85 feet on the arc of a curve to the left, having a radius of 800.00 feet, a central angle of 17'32'10", and a long chord which bears North 09'20'12" East, 243.89 feet; thence North 00°34'07" East, 173.05 feet to the POINT OF BEGINNING- containing 13.086 acres, more or less. End of Description, P& LAND f Ncrs { 1177 {" j9 4" Of tiOP ,s MCCN Page 1 of 1 Page 17 Basis of Bearings 89r SO4'30"E 1316.52. •...... S•26 5.25 N8932'2_9'W 2650.91' — N1/4 ......• W. Amity Rd. 1279.88' E 1/16 5.35 5.36 L7 38•65' S89'04'30"E 478.i1' 4� Point of Beginning sys :PI, o-� U 1 1 ±13.086 Acres Line Table ry �1 V � Line Bearing Length - Lt S00'34'07'W 25=' L2 533'46'07'W 11.67' � G1 L3 NOO'32'48'E 50.50' N89r04'30"W 942.31' L4 N00'34'07'E 173.05' N,L LAVo Curve Table g �1pF-Ns�� �r Curve Length Radius Delta Chord Bearing Chord Length /� ,'T p 1V Scale: Q1�1779 4"C1 110.35' 165.50' 38'12'15" S52'52'1W 108.32' �'�J Pa2 0 50 100 200 400 C2 245,16' 800,00' 17'33'29" N09'19'32'E 244.20' OF �pPpc C3 244.85' 800.00' 17'32'10" N09-20'12'E 243.89' �+�( mcclk 3�3-641 C—A %b 22-03B%Ax\[�NLJMwIc k A —t Mo ir—ki— 9 0 y023 9.12:20 m IDAHO Exhibit Drawing for 21°b2 039 SURVEY "M EMEW4D5T Development Agreement Modification Shen Na. eOI...IQ4q ldRli [2081 M44570 t GROUP, LLC A portion of the N1/2 of Section 36. T.3N.,RAW., e.M., Ng, Date City Of Meridian, Ado County, Idaho. Page 18 B. Preliminary Plat(dated: 7/6/23) &Roundabout Exhibit MM rut,o STONEHILL CRDSSING SUBDIVISION HIM 1 � �.�w;�� ! ",m•,. i gym„;.. `,�`��' i �`�� ! '��� ," -x AM11p R..4_..t.._. � ,W• '°' '� ^fir i K'` s .�fir..•+ a." i ! I i -Ado - ---- e --r ---_-- —_ — — — _..-_.._-.._-......_. ............................... F b .,.�:,,., �I l��I ff a;, Page 19 Stonehill Crossing Subdivision FUTURE ROUNDABOUT PLANNI NG EXI II BIT F�,Al f �.00 A'FIT Z7N&JJN'YgTY zulC FWIfi IAFp N¶A- W PESO I _ AL141:-N I T N kNR'.4Y 1711"11I1-I ML_I I-ENE Iii:LplLlsH[1L I � IctN"tl[EI]HI[:H I-VI=N.4YI.I Il:llllt A-1 i I Vl7V'Li16Hi LL 111 _ W Amity Road ------------ ULIIAl0.1E'l!'All❑E �� ` 45 I U I I HMJ71-0h-WRY Stti IK1N \ ` 1 \ 1 T5 r J E]{ISINGIISWGR11ON � � i5 rp' e6x��uEHI — 51 W WILL CIi0S51NG SI�Y]IYISICk E%ISI kG SIAlIII{]iY Sti'-WIDE EA.°.EAENI } � 1I I'NO1'OSGI]Iq(:Illi�'NAY❑GI]ICAl1ON I�oro5EOlveucururr, � � � � _ kHK'Al HA S LWANAGE EASEMEN 1 W i I r„ 1 Ri r� r ml / r / 1 p/l IN FEET Page 20 C. Preliminary Plat-Landscape Plan(dated: 9/25/2023) 4 --- 4 •:�•••e a ..aM�."m Y.,, w.hMm'ROAu — — -�-- ------ --IIIIIII �y�.•:....�j � t F ........�,�,......... = 9 4 f V •�' ;.r _ MATCH UNE .ZIP aw- •,;° a°§ Nn T rN LANs Page 21 STONEHILL CROSSING SUBDIVISION s it LOT, MTl • LM3 V e a COj oh Ili! Page 22 D. Conceptual Development Plan for Future Resubdivision of Lot 3, Block 1 &Lot 1, Block 2 -REVISED - -- --- Amity Road - - - - - - - - - - - - -- - - - - - -®- - -"- Local Street Connection a, Staff Report:A local street should 6e provided between Lots 1 and 2,Block 1 Lmik 16 1 7 from S.Oak Briar Way to the east end of Lot 2,Block 1,at a minimum,to reduce �i access points on the collector street and In accord with UDC 11-3A-3A.3,which requires all subdivisions to provide local street access to any use that currently takes direct access from an arterial or collector street. approved turnaround ___•, _- \ d \ a U„ should he provided.This street should he extended in the future with d t tea u bdivis l on of Lot 3,Block 1. -l i� - f se Locar Street * : Ir Fire Apparatus s it _ • Turnaround Lot 2,Bloek 1 ,y Future extension t of local street �{ H ills Page 23 E. Conditional Use Permit—Site Plan&Phasing Plan(dated: 73 09/20/23) -REVISED STONEHILLECHURCH .b e w A.11,P d y n It Llag� •�:�, .ems.®,a,a.e.�k U U V W V,aa�xe�rerre / J V J J S H � r ie®®awr r� isxaee p DO 0 Page 24 F. Conditional Use Permit—Landscape Plan(dated: 9/25/2023) ffi W.MITY WDAD /711 EM '�{� _ _ _ m — ��`�— � ''' �" � r•!.w..w.�ow� 'i.;....p..rtiw�wa[N• �eW v P4ASE 1 ��..�� ® rnxww� wmwrn rr x PHASE 2 i III•::. __ •yw.rwwocvnr �vwrw — rw�nr W N�y `�`� a � e�.re w.ie v.. uu m.r.•m�w i... •sR 11NJ.N0. MAN. WR yARasa anGTCN Lr� ___����o� .. �... � w+ar-•. n �w� to r� LTM er4�cr�1u . I S� T - ___ ___.— ___��a � —� iu.•w wwu euern wcue.r�o m — ry.ar _ Page 25 G. Conditional Use Permit—Conceptual Building Elevations (dated: 4/24/23) LCGCNC min 4-WAN —46 - --------------- n E31 ElE4wTbh � � N 6 f 63 k O 4 B ■ 80JiN ElPYAiON r r � M�T66 1 3 C d] 5 6(1, E E 9 �G in++asnssayascr�r�xz• ti W L 6 1 'aw kL�—_ —F-m�j 7 11 KF V PLAN a C 6 F ca c u ,ab. s za r =FT " i _ �.waretinw - - ,•.MORiN ELLYA1gN _ � w-���� -^ Page 26 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. Development Agreement Modification 1.1 The amended DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council approval of the Findings. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the site plan and conceptual building elevations included in Section VII and the provisions contained herein that are applicable to Lot 1,Block 1, Stonehill Crossing Subdivision. b. The future use of this site is limited to a church or place of religious worship and associated accessory uses as allowed by UDC 11-4-3-6.Any change to the use shall require a modification to the agreement. c. The new north/south residential collector street(S. Oak Briar Way) shall be constructed in its entirety prior to issuance of Certificate of Occupancy for the church. d. The final plat in which the subject property lies shall be recorded prior to issuance of Certificate of Occupancy for the proposed church. 2. Preliminary Plat 2.1 The final plat shall include the following revisions: a. Depict a minimum 25-foot wide street buffer along W.Amity Rd., an arterial street, in a common lot or a permanent dedicated buffer easement maintained by the property owner in accord with UDC 11-3B-7C.2a. The buffer shall be measured from the ultimate curb location as anticipated by ACHD. b. Depict a minimum 20-foot wide street buffer along both sides of S. Oak Briar Way, a collector street,measured from back of curb,in a common lot or a permanent dedicated buffer easement maintained by the property owner or homeowner's association in accord with UDC 11-3B- 7C.2a. c. Depict a temporary cul-de-sac at the south end of the collector street(S. Oak Briar Way)with a minimum turning radius of 50' as required by ACHD. d. Graphically depict a 14' wide public pedestrian easement along the Calkins Lateral on Lot 1, Block 2 and include the recorded instrument number of the easement. e. Include a note stating direct lot access via W. Amity Rd. is prohibited except for the existing driveways on Lot 1,Block 2 for farm and irrigation access and the emergency only access on Lot 1,Block 1 (unless otherwise restricted by ACHD). f. Include a note stating direct lot access via S. Oak Briar Way is prohibited except for a temporary access for the existing home on Lot 1, Block 2,which shall be removed upon resubdivision of that lot in the future; and one (1)driveway access for the church on Lot 1,Block 1.At that time, access shall be provided from an internal local street if the home remains on a lot in the subdivision. The location of th}s these accesses(curb cuts) shall be depicted on the plat. g. Depict a local street off S. Oak Briar Way between Lots 1 and 2,Block 1 for local street access to these lots in accord with UDC 11-3A-3. This street shall extend at a minimum,to the east boundary of Lot 2,Block 1 and shall be extended with future resubdivision of Lot 3, Block 1 in Page 27 the future.A turnaround shall be provided at the end of the street that meets ACHD and Fire Dept. standards. h. All sidewalks and parkways shall comply with the standards listed in UDC 11-3A-17. 2.2 The landscape plan submitted with the final plat shall include the following revisions: a. Depict landscaping within the 20' wide street buffer along S. Oak Briar Way; and within the 25- foot wide street buffer along W. Amity Rd. on Lot 1,Block 1 in accord with the standards listed in UDC 11-3B-7C.3. The street buffer along Amity Rd. on Lot 1, Block 2 is deferred until future resubdivision of that lot. b. Include a calculations table that demonstrates compliance with the aforementioned street buffer requirements, including required vs.provided number of trees,percentages and tree classifications. c. Landscaping shall be depicted in parkways in accord with the standards listed in UDC 11-3A- 17E. 2.3 All existing structures that do not comply with the setbacks of the R-4 zoning district in UDC Table 11-2A-5 shall be removed from the site prior to submittal of the final plat for City Engineer signature. 2.4 Comply with the subdivision design and improvement standards listed in UDC 11-6C-3. 2.5 The existing homes on Lot 2,Block 1 and Lot 1,Block 2 shall 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. 2.6 The addresses of the existing homes shall change with recordation of the subdivision. 2.7 No building permits shall be issued on Lot 3,Block 1 until this lot is resubdivided in the future; and no building permits shall be issued on Lot 1,Block 2 except for accessory structures associated with the primary residence. 2.8 A 14-foot wide public access easement shall be submitted to the City and depicted on the plat for the 10' wide multi-use pathway along the east side of the Calkins Lateral(10' for the pathway+2' shoulder each side).If permission can be obtained from the Irrigation District, the pathway may be located with their easement; if not, the pathway shall be located in a separate linear lot outside of the irrigation easement behind the future rear residential lot lines. 2.9 Underground pressurized irrigation water shall be provided to Lots 1 and 2,Block 1 and the existing home on Lot 1,Block 2 with development of the subdivision as set forth in UDC 11-3A-1 S; underground pressurized irrigation is not required to be provided to Lot 3,Block 1 until resubdivision of this lot occurs in the future. 2.10 Connection to City water and sewer services is required for the proposed church on Lot 1,Block 1 and the existing homes on Lot 2, Block 1 and Lot 1,Block 2 in accord with UDC 11-3A-21; services are not required to be provided to Lot 3,Block 1 until resubdivision of this lot occurs in the future. 2.11 The frontage improvements along Amity Rd. on Lot 1,Block 2 (i.e.pavement widening,borrow ditch/drainage improvements, 10' wide multi-use pathway, street buffer landscaping and associated overhead and underground utility relocations is deferred until resubdivision of this lot in the future. (Note:ACHD will require a formal request for a waiver of policy and written support from the City to defer the road widening and sidewalk until future resubdivision of this lot.) 2.12 The piping of the Calkins Lateral and the Belle Sub Lateral,which lie on Lot 1,Block 2 and Lot 3, Block 1,respectively,is deferred until resubdivision of these lots in the future. Page 28 2.13 The two(2) driveways on Lot 1,Block 2 via Amity Rd.,used for farm and irrigation access,may remain until resubdivision of this lot in the future unless otherwise required by ACHD to be closed; access will be evaluated at that time. 2.14 Construction of the 10' wide multi-use pathway required along the east side of the Calkins Lateral on Lot 1,Block 2 per the Pathways Master Plan is deferred until resubdivision of this lot in the future. 2.15 A sign shall be erected at the terminus of the collector stub street(S. Oak Briar Way)that states the street will be extended and widened in the future as required by ACHD. 2.16 Approval of a preliminary plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat. Upon written request and filing by the applicant prior to the termination of the period,the director may authorize a single extension of time to obtain the city engineer's signature on the final plat not to exceed two (2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the director or City Council may require the preliminary plat,combined preliminary and final plat or short plat to comply with the current provisions of this title. 3. Conditional Use Permit 3.1 The site plan and landscape plan submitted with the Certificate of Zoning Compliance application shall be revised as follows: a. All outdoor utility meters,HVAC equipment,trash dumpsters,trash compaction and other service functions shall be incorporated into the overall design of buildings and landscaping so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets as set forth in UDC I1-3A-12. Safe access and adequate lighting should be provided in these areas. b. The pedestrian walkways from the perimeter sidewalks along W. Amity Rd. and S. Oak Briar Way to the main building entrance shall be distinguished from the vehicular driving surface through the use of pavers,colored or scored concrete, or bricks as set forth in 11-3A-19B.4. c. Depict pedestrian pathway connections from the church site to future abutting residential uses to the east and south for interconnectivity; landscaping shall be depicted along all pathways in accord with the standards listed in UDC 11-3B-12C. d. Depict minimum 5' wide walkways in parking areas for any aisle length that is greater than 150 parking spaces or 200' away from the primary building entrance(s)in accord with UDC 11-3A- 19B.4c. e. Depict bollards with a chain and a Knox padlock as required by the Fire Dept. across the emergency access driveway via Amity Rd. on Lot 1,Block 1 to prohibit public access. f. Depict dimensions for parking stalls and drive aisles that comply with the dimensions noted in UDC Table 11-3C-5. Where parking spaces abut a sidewalk or a perimeter landscape buffer,wheel stops should be provided in parking stalls to prevent vehicle overhang; or,the length of the parking stalls may be reduced 2' if an additional 2' is added to the width of the sidewalk or the perimeter buffer to total 7' as set forth in UDC 11-3C-5B.4. g. Depict landscaping in the parking lot in accord with the standards listed in UDC I1-3B-8C. h. Remove the southern driveway via the collector street and depict access to the local street between Lots 1 and 2. Block 1;reconfigure the drives and parking accordin ll . Page 29 3.2 Compliance with the standards listed in UDC 11-4-3-6 Church or Place of Religious Worship is required. 3.3 Direct access via W. Amity Road is prohibited except for emergency only access on Lot 1,Block 1 and the existing farm access at the west boundary of the site and the irrigation district access along the Calkins Lateral on Lot 1, Block 2,unless otherwise approved by City Council. 3.4 Future development of this site shall comply with the dimensional standards of the R-8 zoning district in UDC Table 11-2A-6. 3.5 Details of the lighting proposed on the site shall be submitted that demonstrate compliance with the standards listed in UDC 11-3A-H. 3.6 A Certificate of Zoning Compliance(CZC) application shall be submitted and approved for the proposed church use and site layout prior to submittal of a building permit application. 3.7 A Design Review application shall be submitted concurrently with the CZC application and approved for the proposed structure prior to submittal of a building permit application. The design of the proposed structure shall comply with the standards listed in the Architectural Standards Manual. 3.8 The conditional use permit is valid for a maximum period of two (2) years unless otherwise approved by the City.During this time,the Applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground as set forth in UDC 11-5B-6. A time extension may be requested as set forth in UDC 11-5B-6F. B. PUBLIC WORKS DEPARTMENT https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=316105&dbid=0&r0o=MeridianCitX C. MERIDIAN FIRE DEPARTMENT https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=316107&dbid=0&repo=MeridianCitX D. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancitE.org/WebLink/DocView.aspx?id=324861&dbid=0&r0o=MeridianCitX E. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridiancity.o.-glWebLinkIDocView.aspx?id=317458&dbid=0&repo=MeridianCitX F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=329876&dbid=0&r0o=MeridianCitX G. PARK'S DEPARTMENT https:llweblink.meridiancitE.oL-glWebLinkIDocView.aspx?id=316108&dbid=0&repo=MeridianCitX H. BOISE PROJECT BOARD OF CONTROL https:llweblink.meridiancitE.org/WebLink/DocView.aspx?id=324823&dbid=0&r0o=MeridianCitX I. ADA COUNTY HIGHWAY DISTRICT(ACHD)—Revised https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=335356&dbid=0&repo=MeridianCitX Page 30 IX. FINDINGS A. Annexation and/or Rezone (UDC 11-513-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the Applicant's request to rezone a portion of the subject property to the R-8 zoning district for the development of a church is generally consistent with the Comprehensive Plan per the analysis in Section V. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment to the R-8 zoning district will allow the proposed church as a conditional use. 3. The map amendment shall not be materially detrimental to the public health,safety,and welfare; The City Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed church use should be compatible with adjacent existing and future single-family residential homes/uses in the area. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The City Council finds City services are available to be provided to this development and the proposed church use will not impact the school district. 5. The annexation(as applicable)is in the best interest of city. This finding is not applicable as the request is for a rezone, not annexation. B. Conditional Use Permit(UDC 11-513-6E) The Commission shall base its determination on the Conditional Use Permit requests upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds Lot 1, Block I where the church is proposed will be large enough to accommodate the proposed use and dimensional and development regulations of the R-8 zoning district(see Analysis, Section V for more information). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed church use will be harmonious with the Comprehensive Plan as noted in Section V and is allowed as a conditional use in UDC Table 11-2A-2 in the R-8 zoning district. Page 31 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds the proposed design of the development, construction, operation and maintenance of the church should be compatible with existing and future residential uses in the general vicinity and that such use should not adversely change the character of the area. The proposed church should provide more options for public worship for area residents in this area of the City. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. 5. That the proposed use will be served adequately by essential public facilities and services such as highways,streets,schools,parks,police and fire protection,drainage structures,refuse disposal,water, and sewer. The City Council finds that essential public services are available to this property and that the use will be adequately served by these facilities. Police and Fire currently provides service to this property. C. Preliminary Plat(UDC 11-613-6) In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision- making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) The City Council finds the proposed plat is in conformance with the UDC and generally conforms with the Comprehensive Plan. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds public services are currently provided and/or can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The City Council finds the proposed plat is in conformance with scheduled public improvements in accord with the City s capital improvement program. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is publie financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. Page 32 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) The City Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Page 33 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Ultra Clean Franklin (H-2023-0064) by KM Engineering, LLP., located at 3070 E. Franklin Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN:--- AND DECISION& ORDER , In the Matter of the Request for Request for a New Development Agreement with a Modification to the Terms of the Agreement Required with the Annexation Ordinance(#737 Haskin Green),by KM Engineering. Case No(s). H-2023-0064 For the City Council Hearing Date of: March 12,2024 (Findings on March 26,2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of March 12, 2024, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of March 12,2024, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 12,2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of March 12,2024,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR ULTRA CLEAN FRANKLIN MDA H-2023-0064 - I - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of March 12,2024, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for a modification to the development agreement is hereby approved per the conditions of approval in the Staff Report for the hearing date of March 12, 2024, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of March 12, 2024 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR ULTRA CLEAN FRANKLIN MDA H-2023-0064 -2- By action of the City Council at its regular meeting held on the 26th day of March 2024. COUNCIL PRESIDENT JOE BORTON VOTED COUNCIL VICE PRESIDENT LIZ STRADER VOTED COUNCIL MEMBER DOUG TAYLOR VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOHN OVERTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 3-26-2024 Attest: Chris Johnson 3-26-2024 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 3-26-2024 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR ULTRA CLEAN FRANKLIN MDA H-2023-0064 -3- EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT D A H O HEARING March 12,2024 Legend DATE: 0 TO: Mayor&City Council FROM: Sonya Allen,Associate Planner - 208-884-5533 �. SUBJECT: H-2023-0064 Ultra Clean Franklin—MDA �- Nk1 11 I LOCATION: 3070 E. Franklin Rd., in the SE 1/4 of - Section 8,T.3N.,R.IE. (Parcel C- #51108449810) lu L-O L R- R1J T I. PROJECT DESCRIPTION Request for a new development agreement with a modification to the terms of the agreement required with the annexation ordinance (#737 Haskin Green). II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 2.01-acres Future Land Use Designation Commercial Existing Land Use Vacant/undeveloped Proposed Land Use(s) Vehicle washing facility Current Zoning C-G(General Retail&Service Commercial) Proposed Zoning NA Physical Features(waterways, The land slopes down significantly to the north. hazards,flood plain,hillside) Neighborhood meeting date 11/20/23 History(previous approvals) Ord.#737 Haskin Green;PBA-2021-0016(ROS#13121) III. APPLICANT INFORMATION A. Applicant: Stephanie Hopkins,KM Engineering,LLP—5725 N. Discovery Way,Boise, ID 83713 Pagel B. Owner: WWOZ Boise Meridian,LLC—3070 E. Franklin Rd.,Meridian,ID 83642 C. Representative: Same as Applicant IV. NOTICING City Council Posting Date Newspaper notification published in newspaper 2/25/2024 Radius notification mailed to property owners within 300 feet 2/24/2024 Public hearing notice sign posted 2/23/2024 on site Nextdoor posting 2/26/2024 V. STAFF ANALYSIS The Annexation Ordinance(#737)approved for the property in 1996,requires the property owner to enter into a Development Agreement(DA)with the City prior to issuance of a building permit or plat approval, whichever occurs first. The ordinance includes requirements for inclusion in the future DA and compliance with the Findings associated with the annexation.See DA requirements in Section VITA below. No development has occurred on the property and the property has changed ownership since it was annexed. The original plan was to subdivide the property for individual building sites but that plan never came to fruition. The new owner would like to develop the property with a vehicle washing facility. Because there are many outdated requirements for the DA and references to City Code that are no longer in effect, Staff recommends new provisions with this application that are applicable to the proposed development,which will replace the original ones. The Applicant's narrative provides a response to the existing requirements. A conceptual development plan was submitted, included in Section VII.B,that shows how the site is proposed to develop with a vehicle washing facility. Future development is required to comply with the dimensional standards for the C-G district listed in UDC Table I1-2B-3. The property is currently zoned C-G(General Retail and Service Commercial),which allows a vehicle washing facility as a principal permitted use, subject to the specific use standards listed in UDC 11-4-3-39, as follows: A. A site plan shall be submitted that demonstrates safe pedestrian and vehicular access and circulation on the site and between adjacent properties. At a minimum,the plan shall demonstrate compliance with the following standards: 1. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-way by patrons. Three(3)stacking lanes are proposed, which should provide sufficient capacity to prevent obstruction of the public right-of-way. 2. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking. Vehicles stack in the drive leading into the carwash on the south side of the building, which is a separate drive than the one on the north side of the building that exits the carwash with access to parking for use of the vacuums. Page 2 3. The stacking lane shall not be located within ten(10) feet of any residential district or existing residence. There are no residential districts or existing residences within 10 feet of the stacking lanes. 4. A letter from the transportation authority indicating the site plan is in compliance with the highway district standards and policies shall be required. This will be required with the Certificate of Zoning Compliance application. B. Within the industrial districts, a vehicle washing facility shall be allowed only as an accessory use to a gasoline or diesel fuel sales facility for use by non-passenger vehicles. The vehicle washing facility shall be limited in capacity to a single vehicle. The intent is to discourage facilities that cater to passenger vehicles.Not applicable (this property is in a commercial district). C. Any use that is not fully enclosed shall be located a minimum of one hundred(100) feet from any abutting residential district, and shall be limited in operating hours from 6:00 a.m. to 10:00 p.m. There are no residential districts abutting this site; however, an extended stay hotel was recently constructed on the abutting property to the north. The Applicant states the proposed hours of operation are from 7:00 am to 9:00 pm. Staff recommends hours are restricted from 6:00 am to 10:00 pm to minimize any negative impacts to the adjacent hotel use. D. If the use is unattended,the standards set forth in section 11-3A-16 of this title shall also apply.Not applicable (the use will be attended). Although residential uses do not abut this site,the extended stay hotel(Waterwalk)to the north will likely be impacted by the noise from the proposed carwash and vacuums.For this reason, Staff recommends the Applicant provide dense landscaping(i.e.a mix of evergreen and deciduous trees and shrubs)that allows trees to touch within five(5)years of planting along the northern boundary of the site.The Applicant states the type of vacuums planned to be installed come with mufflers,which should assist in reducing the noise impacts to adjacent properties. To ensure mufflers are provided, Staff recommends a provision in the DA requiring such. Access is proposed via N. Olson Ave.,a local street along the west side of the site; no access is proposed via E. Franklin Rd., a commercial arterial street, along the southern boundary of the site nor is it allowed. A cross-access easement(Inst. #2021-105300)was required to this property with the DA for Waterwalk(H- 2019-0111,Inst. #2020-011637),the project to the north. However,there is a 9'3"fall in grade from the proposed driveway to the existing driveway and a significant cross-slope exists,which would make a shared access difficult(see grading exhibit in Section VIII.E below). For this reason, Staff and ACHD supports the proposed access via Olson and does not recommend the cross-access easement with the property to the north is utilized. An attached sidewalk exists along E. Franklin Rd.,which is proposed to be replaced with a detached sidewalk in accord with UDC 11-3A-17C. Staff recommends a 10-foot wide detached sidewalk is installed on this property as well as off-site on the adajent property to the east owned by ACHD if consent can be acquired from the property owner. The Snyder Lateral bisects the western portion of this site within a 40-foot wide NMID easement depicted on the site plan and is proposed to be piped in accord with UDC 11-3A-6B.2. A 35-foot wide street buffer will be required along E.Franklin Rd., an entryway corridor(measured from ultimate back of curb location); and a 10-foot wide street buffer will be required along N. Olson Ave., a local street(measured from back of sidewalk), landscaped in accord with the standards listed in UDC 11-3B-7C, including enhanced landscape standards for entryway corridors. Internal parking lot and perimeter landscaping will be required per the standards listed in UDC 11-3B-8C. Conceptual building elevations were submitted as shown in Section VII.D. Building materials consist of a mix of natural limestone and burnished CMU in neutral colors, and woodgrain printed metal cladding. Final Page 3 design is required to comply with the design standards in the Architectural Standards Manual. A Certificate of Zoning Compliance and Design Review application will be required to ensure compliance with UDC standards and the design standards in the Architectural Standards Manual and must be approved prior to submittal of an application for a building permit. The DA should include the provisions listed in Section VII.F below. VI. DECISION A. Staff. Staff recommends approval of the proposed Development Agreement modification as requested by the Applicant and as recommended by Staff. B. The Meridian City Council heard these items on March 12,2024.At the public hearing the Council moved to approve the subject MDA requests. 1. Summary of the City Council public hearing: a. In favor: Stephanie Hopkins,KM Engineering(Applicant's Representativel: Lori Billaugh b. In opposition:None c. Commenting: Lori Mlaud,Kristy Inselman.ACHD d. Written testimony: Stephanie Hopkins,KM Engineering(Applicant's Representative)in agreement with staff report e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: Bill Parsons 2. Key issue(s)of public testimony: a. Concern pertaining to the safety of a full access (i.e. left-in and left-out)to/from Olson Ave. on Franklin Rd. 3. Key issue(s)of discussion by City Council: a. The proximity of Olson Ave.to Eagle Rd. and the safety of a full access without restricted turning movements: and b. Concern pertaining to the maintenance of the property at the corner of Eagle and Franklin owned by ACHD (or the lack thereofl. 4. City Council change(s)to Commission recommendation. a. Council included a provision requiring the Applicant to check into the possibility of entering into a license agreement with ACHD for maintenance and/or improvements of/to the adjacent property to the east(see DA provision#F.8 in Section VIP. Page 4 VII. EXHIBITS A. Existing Requirements in Annexation Ordinance: Section 2. That the property shall be subject to de-annexation if the owner shall net meet the following requirements: a. That the Applicant will be required to connect to Meridian water and sewer at his expense and resolve how the water and sewer mains will serve the land; the City may enter into a late comers agreement for the extension of the City sewer and/or water, if requested by the Applicants. b. That the development of the property shall be subject to and controlled by the Subdivision and Development Ordinance and the Meridian Comprehen- sive Plan adopted January 4, 1994, and shall only be developed as a commercial or general planned development or under the conditional use process. C. That, as a condition}of annexation, the Applicant shall be required to enter into a development agreement as ar.ethorized by 11-2-416 L and 11-2-417 D Prior to the issuance of any building permit or plat approval which ever Comes first; that the development agreement shall address inclusion into the subdMwon of the requirements of 11-M05 D, G 1., H, K and L of the Revised and Compiled Ordinances of the City of Meridian and other matters that the property may be de annexed if the terms and conditions of the Development Agreement are not satisfied. d_ That the development of annexed land must meet and comply with the Ordinances of the City of Meridian and in particular Section 11-9-616, which pertains to development time schedules and requirements, 11-9-605 M. which pertains to the tiling of ditches and waterways, and 11-9-606 B 14 which pertains to pressurized irrigation. e. That these conditions shall run with the land and bind the Applicant, the titled owners, and their assigns. f. Meet the requirements and conditions of the Findings of Fact and Conclus- ions of Law and meet the Ordinances of the City of Meridian, which include that the property mast be developed as a commercial or general planned development or under the conditional use permit process. g. That the Applicant is required to hook up to the sewer and water and participate in the casts of extending the sewer and water services though the payment of late-corner's fees. Page 5 B. Proposed Conceptual Development Plan(dated: 10/11/23) N'd1d 311S1N3W31111N3 OHWI'NVIOIH3W OVOU NI1NNVHA'3 OCOE NV31,')vu-u l I I FTl I,I�IIII�V11 1 I � � II l}Ilih l f fa }1111 Ylll 1}V}'}II ly�I i R11 }I I i!� �'\9. r�1�•� ?F f b - } ., 1 .1 I—I I I I i g 8q} pip�d[ �f� I �- S; $4� ::,8�4 t:,8A5 k�3i H a s I E _ 1 ff f€ 1& i3 951 �p€' aqg #s e�ik � ; 3 I p�p�gA1 pip �IN ge 4 .. ; j, 1 1{ 1 hl�••^ � {3/"•!� ••I H ��1W�tl�nlo e� I rr+� _i �J � � g �y S b p a �ti�'I �Ini��-.I•-� t. � P4 � A . i ii I v G I •-� J` . ,� � ' 1" � �_�;6�7- � +i III I �- 41 —cl Page 6 C. Conceptual Landscape Plan(dated: 10/5/23) Fi a a � N7ld 3dtlO$ONtlI W " OHWOI•NVIGUM E e �« O5i0H NIINNtllIj'3 OLO£-Ntl3la min '9 NA G RM3� l Vi� POP E�T P . 4} a€-e CIO I I b� r 1 l, f r $ P9 uE `a[ dltl es e� g q i �a 4 g r • IS_ _ I om M!S Q g �a N • �Aav �e ���n� 5� �3 � 9 u Si?4 Z 4 Sayy I � �� iS I P�.... O�IV•- 11 - � 88� € �18���� � a � �R� 5 C•t 1 9 f g cc Na -F"s'e 'Y'� •� v Y a a 5 a z w o in 4i —. y f � 6`i: �•�r, i;4. � "1 �":� 6� a �� �, � � �� �� we �� �g ��a� iN O N Page 7 D. Conceptual Elevations � gg yy I^�y ^ WIM��j30/AE No GLMI .. � tl NY�1J Y�1�11 Allll tlj M3Ntl Jl __ Y 0 i 7 e j G J E x "Mal. AM MIR Page 8 E. Grading Exhibit NVId 311S 1N3W31111N3 ® o ,a OHVOI NVI(MOVY xet aVOtl NIUINV!!d 3010£-N1131J Vllllfl 11 IIIII A \ V v IIIIIIIVYjI� I V � �, F-1 IIIIVIIIIIIIIVxI y1 \ e \ ti � � v a s U A .9ENi IIY11111 11 I - Y - m" l aF �• a 9 R 9 �9�� 3a 111111}}I I l \ �,'•.` . s ss s ss= s4= E�p 1 1`\\\1\\,1\i�o i g V1 o ] AAAyI'S$` `IV1AIll�e � I Y 1 T O '' - �` Z I ! I � IIIIIIIIII t Z z IIII II ! r I � �� I � � IIIIIIIII y icy^ I !I LL u _ x s Page 9 F. Staff Recommended Development Agreement Provisions The Development Agreement shall be signed by the property owner and returned to the Planning Division within six(6)months of the date of City Council approval of the Findings of Fact, Conclusions of Law and Decision&Order for the development agreement modification request. The DA shall, at minimum,incorporate the following provisions: 1. Future development of the subject property shall substantially comply with the conceptual development plans included in Section VII,the standards in the Unified Development Code, and the provisions contained herein. 2. Mufflers shall be installed on all vacuums to mitigate noise impacts on the abutting hotel use to the north. 3. Dense landscaping consisting of a mix of evergreen and deciduous trees and shrubs shall be provided along the northern boundary of the site that allows trees to touch within five(5)years of planting to mitigate noise from the proposed development to the hotel use on the abutting property to the north. 4. The hours of operation of the vehicle washing facility shall be limited from 6:00 am to 10:00 pm to mitigate noise impacts on the abutting hotel use to the north. 5. A 10-foot wide detached sidewalk shall be installed along E. Franklin Rd. on the subject property and off-site on the adjacent property to the east owned by ACHD if consent can be acquired from the property owner. 6. A 35-foot wide street buffer, measured from ultimate back of curb location, shall be provided along E. Franklin Rd., an entryway corridor; and a 10-foot wide street buffer,measured from back of sidewalk, shall be installed along N. Olson Ave., a local street. Landscaping shall be installed within these street buffers in accord with the standards listed in UDC 11-3B-7C,including enhanced landscape standards for entryway corridors(i.e. E. Franklin Rd.). 7. The future structure on the site and the layout of the site shall comply with the design standards listed in UDC 11-3A-19 and in the Architectural Standards Manual. 8. The City Council requested the Applicant check into the possibility of entering into a license agreement with ACHD for maintenance and/or improvements of/to the abutting property to the east owned by ACHD. Page 10 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Development Agreement (Watts Meridian Medical Partners H-2023-0075) Between City of Meridian and Reves, LLC for Property Located at 1256 S. Rackham Way ADA COUNTY RECORDER Trent Tripple 2024-015455 BOISE IDAHO Pgs=21 BONNIE OBERBILLIG 03/27/2024 08:08 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Reves LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into this 26th day of March , 2024,by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called"CITY,"whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642, and Reves, LLC, an Idaho limited liability company, whose address is 909 S. Allante PI., Boise, ID 83709, hereinafter called"OWNER/DEVELOPER." 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of a certain tract of land in the County of Ada, State of Idaho, commonly known as 1256 S. Rackham Way, Meridian, Idaho 83642, and described in Exhibit "A," which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the "Property;" and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, establish provisions governing the creation, form, recording, modification, enforcement and termination of development agreements required or permitted as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code("UDC"), which authorizes development agreements and the modification of development agreements; and 1.4 WHEREAS, Owner/Developer has submitted an application for development agreement modification to remove the property listed in Exhibit "A" from an existing Development Agreement recorded in Ada County as Instrument#2016- 1.06278 and a subsequent Development Agreement Modification to aforementioned Development Agreement recorded in Ada County as Instrument#2019-028379, and for the inclusion of the Property into this new Agreement, which generally describes how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT—WATTS MERIDIAN MEDICAL PARTNERS H-2023-0075 Page I of 8 1.5 WHEREAS, Owner/Developer made representations at the duly noticed public hearings before the Meridian City Council, as to how the property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for requested development agreement modification held before the City Council includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 5t' of March, 2024, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit "B;" and 1.8 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.9 WHEREAS, the property listed in Exhibit"A" shall no longer be subject to the terms of the existing Development Agreement (Inst. #2016-106278) and subsequent Development Agreement Modification (Inst. #2019-028379) and shall be bound by the terms contained herein in this new agreement; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement modification for the purpose of ensuring the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designations are in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement, the following words, terms and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. DEVELOPMENT AGREEMENT-WATTS MERIDIAN MEDICAL PARTNERS H-2023-0075 Page 2 of 8 3.2 OWNER/DEVELOPER: means and refers to Reves, LLC, whose address is 909 S. Allante Pl., Boise, Idaho 83709, the party that owns and is developing said Property and shall include any subsequent owner(s)/developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel of Property located in the County of Ada, City of Meridian as described in Exhibit"A," describing a parcel to be removed from an existing Development Agreement recorded in Ada County as Instrument#2016-106278 and subsequent Development Agreement Modification recorded in Ada County as Instrument#2019-028379, with such parcel being bound by this new Agreement, which Exhibit"A" is attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed as permitted, conditional and/or accessory uses under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of the subject property shall substantially comply with the conceptual development plan and perspective drawing included in Section VII.0 of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit`B" and the provisions contained herein. b. All future structures on the site and the layout of the site shall comply with the design standards listed in UDC 11-3A-19 and in the Architectural Standards Manual. 6. COMPLIANCE PERIOD: This Agreement must be fully executed within six (6)months after the date of the Findings or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. In the event Owner/Developer, or Owner's Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. DEVELOPMENT AGREEMENT-WATTS MERIDIAN MEDICAL PARTNERS H-2023-0075 Page 3 of 8 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this agreement, Owner/Developer shall have thirty(30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which actions must be prosecuted with diligence and completed within one hundred eighty(180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty(180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice from City as described in Section 7.2, City shall, upon satisfaction of the notice and hearing procedures set forth in Idaho Code § 67-651 IA, have the right, but not a duty, to de-annex all or a portion of the Property, reverse the zoning designations described herein, and terminate City services to the de-annexed Property, including water service and/or sewer service. Further, City shall have the right to file an action at law or in equity to enforce the provisions of this Agreement. Because the covenants, agreements, conditions, and obligations contained herein are unique to the Property and integral to the City's decision to annex and/or re-zone the Property, City and Owner/Developer stipulate that specific performance is an appropriate, but not exclusive, remedy in the event of default. Owner/Developer reserves all rights to contest whether a default has occurred. 7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Idaho, including all matters of construction, validity,performance, and enforcement. Any action brought by any party hereto shall be brought within Ada County, Idaho. 7.5 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.6 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion therefor in accordance with the terms and conditions of this Agreement and all other ordinance of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer. DEVELOPMENT AGREEMENT-WATTS MERIDIAN MEDICAL PARTNERS H-2023-0075 Page 4 of 8 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements,which the Owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued if the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail,postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Ave. Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER/DEVELOPER: Reves, LLC 909 S. Allante Pl. Boise, Idaho 83709 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor DEVELOPMENT AGREEMENT-WATTS MERIDIAN MEDICAL PARTNERS H-2023-0075 Page 5 of 8 owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees,upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, has determined that Owner/Developer has fully performed its obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonable in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party(including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. REMOVED PROPERTY: The City is hereby authorized, in its sole discretion, to remove a portion of the Property("Removed Property") from this Agreement at any time, provided that the City and the owner of the Removed Property concurrently enter into a modified development agreement governing the development and use of the Removed Property. The remaining portion of the Property, which has not been removed from this Agreement as described above, shall continue to be bound by the terms of this Agreement. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied,between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 22.1 No condition governing the uses and/or conditions governing the Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [End of text. Acknowledgements, signatures, and Exhibits A and B follow.] DEVELOPMENT AGREEMENT-WATTS MERIDIAN MEDICAL PARTNERS H-2023-0075 Page 6 of 8 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as herein above provided. OWNER: Reves LLC r By: Arthur P. Laos Its: Member STATE OF I D } ss: County of_A-M ) iiA On this 1b day of 2024,before me,the undersigned,a Notary Public in and for said State,personally appeared Iik,c1hU v' UA c'� known or identified to me to be the_,yLq vnV�,e.✓ of Reves LLC and the person who signed above and acknowledged to me that they 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. (SEAL) ++ ++�4CE PARI��'�,� Notary Public Q;.•• �O Zo2•���; My Commission Expires:_o'l ' G • OWNER: .c�pUBLI Reves LLC '',`�?��'• Q?�::�'• B Carrie n homas Its: MembctX STATE OF 1k) ) ss: County of V204 } On this 15 day of Y1tt4✓Li'1 2024,before me,the undersigned,a Notary Public in and for said State,personally appeared C1 I (!vYktk5 ,known or identified to me to be the vyA-D yr\0,V of Reves LLC and the person who signed above and acknowledged to me that they executed the same. IN WITNP ... ,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ..•••..%h'p00 . No. 2o2p1 F M ;��n40Y°; PUBLIC, '17o-t—a Public L �ti';• My Commission Expires: 0-1• i') ztO .OF.19P`++,� DEVELOPMENT AGREEMENT-WATTS MERIDIAN MEDICAL PARTNERS H-2023-0075 Page 7 of 8 CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 3-26-2024 Chris Johnson, City Clerk 3-26-2024 STATE OF IDAHO ) ss County of Ada ) On this 26th day of March ,2024,before me, a Notary Public,personally appeared Robert E. Simison and Chris Johnson, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho My Commission Expires: 3-28-2028 DEVELOPMENT AGREEMENT-WATTS MERIDIAN MEDICAL PARTNERS H-2023-0075 Page 8 of 8 EXHIBIT A 1001 N. Rosario Street Suite 100 Meridian, ID 83642 F us , P (801) 352-0075 F (801) 352-7989 ENGINEERING &SURVEYING 11/28/2023 Project No. 23-5011 Legal Description Parcel "F" Meridian Medical Partners A parcel of land being Parcel E and a portion of Parcel D of Record of Survey Number 11595 of Ada County Records, being a Property Boundary Adjustment of Oxygen Subdivisions, located in the Southwest One Quarter of the Southwest One Quarter of Section 16, Township 3 North,Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the Southwest Corner of Section 16 of said Township 3 North, Range 1 East, (from which point the South One Quarter Corner of said Section 16 bears South 89°14'17" East, 2665.07 feet distant), Thence North 00°40'46" West, a distance of 1326.95 feet on the West line of said Section 16 to the South 1/16th Section Corner common to Sections 16 and 17 of said Township 3 North, Range 1 East; Thence South 89°14'37" East a distance of 240.69 feet on the east west 1/16th Section Line of said Section 16, to the Northwest corner of Oxygen Subdivision No. 3, of Ada County Records, and being the Northwest corner of Parcel E of said Record of Survey Number 11595, said point also being the Point of Beginning; Thence South 89°14'37" East, a distance of 346.85 feet on the northerly boundary line of said Parcel E to the Northeast corner of said Parcel E; Thence South 00°22'59" East, a distance of 293.25 feet on the easterly boundary line of said Parcel E and the easterly boundary line of Parcel D of said Record of Survey Number 11595; Thence South 89°36'37" West, a distance of 395.82 feet on the point on the westerly boundary line of said Parcel D; Thence North 08°53'44"East,a distance of 304.17 feet on the westerly boundary line of said Parcel D and E, which line is also the easterly right of way of South Rackham Way to the Point of Beginning. NGENSF�S�� o) 12106/23 Of L-20896 0 N 1 N WEST QUARTER CORNER OF GRAPHIC SCALE 17 16 SECTION 16, T3N, R1 E, B.M. _ ` BRASS CAP (1N FEET) CALCULATED: SO°40'53"E 1326.75' 1-h- 90 ft ' I S 1/16 CORNER OF SECTION 16, T3N, R1E, B.M. I CALCULATED / INSTRUMENT#2022020363 I R7319430200 POINT OF R7319430100 BVBAC EAGLE VIEW OFFICE BVABC EAGLE NO 3 LLC I BEGINNING VIEW LLC S89°1_4'37"E_ 1 _ :S89°14'37"E 346.85' 240.69 (TIE) y FLATIRON LANE (PRIVATE 30`-WIDE) _ I X N ❑ PARCEL"F" N PARCEL ID#R6819240215 N x INSTRUMENT#2021162415 W REVESLLC 3 3 AREA:2.53 ACRES± N 0 1256 SOUTH RACKHAM WAY N MERIDIAN ID 83642 INSTRUMENT #2021003315 O x m R6819220210 o a MERIDIAN HOTEL C) HOLDINGS LLC Z N x L LI 0 Z I \! o O M _ — � � X wS8903637"W 395.82' — — INSTRUMENT o O #2021140469 I` PARCEL"G" o R6819220220 0o co ROS 13005 B&B LAND LLC Z INSTRUMENT#20211404(,9 N O I X N R6819230215 B&B LAND LLC L Np I X GENS SG o X z I a L- 0$9 SOUTH QUARTER CORNER OF SECTION 16, T3N, R1 E, B.M. F�TF 0 �p oQ BRASS CAP - 17 16 "1 N I . 16 20 21 BASIS OF BEARING: S89014'17"E 2665.07' 21 Tb2�'ll 6/24 WATTS MERIDIAN MEDICAL5rUS� PARTNERS SUBDIVISION 0 ENGINEERING AND SURVEYING,LLC s 6949 S.HIGH TECH DRIVE SUITE 200 LEGAL DESCRIPTION PARCEL 'IF" EXHIBIT 1 OF 1 MIDVALE,UTAH 84047 PH:(801)352-0075 www,focusutah.com EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN AND DECISION& ORDER In the Matter of the Request for Modification to the Existing Development Agreement(H-2015- 0024,Inst.#2016-106278; H-2019-0016,Inst.#2019-028379)to Remove the Subject Property from the Agreement and Include it in a New Agreement with an Updated Conceptual Development Plan for Watts Meridian Medical Partners by Rigby Watts& Co. Case No(s).H-2023-0075 For the City Council Hearing Date of: February 20,2024 (Findings on March 5,2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of February 20, 2024, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of February 20,2024, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 20, 2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of February 20,2024,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR WATTS MERIDIAN MEDICAL PARTNERS MDA H-2023-0075 - I - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of February 20, 2024, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for a modification to the development agreement is hereby approved per the provisions in the Staff Report for the hearing date of February 20, 2024, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-651IA. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-652l(1)(a),an affected person aggrieved by this final decision may, within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code.This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d)and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of February 20, 2024 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR WATTS MERIDIAN MEDICAL PARTNERS MDA H-2023-0075 -2- By action of the City Council at its regular meeting held on the 5th day of March 2024. COUNCIL PRESIDENT JOE BORTON VOTED—AYE. COUNCIL VICE PRESIDENT LIZ STRADER VOTED COUNCIL MEMBER DOUG TAYLOR VOTED AYE COUNCIL MEMBER LUKE CAVENER VOTED AYE COUNCIL MEMBER JOHN OVERTON VOTED AYE COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert ison 3-5-2024 Attest: (�L SFAI. j4— Chris John n City Clerk Copy served upon Applicant,Community Development Department, Public Works Department and City Attorney. By: N0AM--W0-,q Dated: 3-5-2024 City Clerk's Office C� FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR WATTS MERIDIAN MEDICAL PARTNERS MDA H-2023-0075 -3- STAFF REPORT C� w COMMUNITY DEVELOPMENT DEPARTMENT HEARING February 20,2023 — DATE: Legend ' PFageat Lflca Tor � L-O TO: Mayor&City Council FROM: Sonya Allen,Associate Planner RUT_ -- . .—_ 208-884-5533 R SUBJECT: H-2023-0075h -R- Watts Meridian Medical Partners— MDA C-G C-G :. R1 �1 LOCATION: 1256 S. Rackham Way, in the SW 1/4 of +� S Section 16,T.3N.,R.IE. (Parcel � - #R6819240215) - , a � R-9- I. PROJECT DESCRIPTION Modification to the existing Development Agreement(H-2015-0024,Inst. #2016-106278; H-2019-0016, Inst. #2019-028379)to remove the subject property from the agreement and include it in a new agreement with an updated conceptual development plan. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 2.53-acres Future Land Use Designation Mixed Use—Regional(MU-R) Existing Land Use Vacant/undeveloped Proposed Land Use(s) Healthcare or social service(i.e.medical offices)and/or professional service Current Zoning C-G(General Retail&Service Commercial) Proposed Zoning NA Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date 12/11/23 History(previous approvals) Annexation Ordinance#719;H-2015-0024(Eagle Commons at Overland— DA Inst.#2016-106278);H-2017-0061 (Oxygen Sub.#1 SHP);H-2017-0062 (Oxygen Sub.#2 SHP);H-2017-0063 (Oxygen Sub.#3 SHP);H-2019-0016 (Amended DA Inst.#2019-028379);PBA-2021-0008(ROS#13005) III. APPLICANT INFORMATION A. Applicant: Adam Watts,Rigby Watts&Co. —2221 South 2000 East, Salt Lake City,UT 84106 B. Owner: Reves,LLC—909 S.Allante Pl.,Boise,ID 83709 C. Representative: Same as Applicant IV. NOTICING City Council Posting Date Newspaper notification published in newspaper 2/4/2024 Radius notification mailed to property owners within 300 feet 2/20/2024 Public hearing notice sign posted 1/13/2024 on site Nextdoor posting 2/5/2024 V. STAFF ANALYSIS The Applicant proposes to modify the existing Development Agreement(DA) (H-2015-0024 Eagle Commons at Overland—DA Inst. #2016-106278)required with annexation of the property in 1995 (Ordinance#719),which was later amended in 2019 (H-2019-0016—Inst. #2019-028379),to update the conceptual development plan for the site. The existing DA covers a larger 73.5+/-acre area which is now under several different ownerships. For this reason, a new DA is proposed as part of the modification that will only apply to the subject 2.53-acre property. The existing DA provisions and conceptual development plan is included in Sections VII.A and B below, respectively. The existing plan depicts one(1)commercial building pad on the site. The proposed plan depicts two(2)2-story office buildings consisting of 22,000 square feet(s.f.)and 15,808 s.f. and associated parking and landscaping; a perspective drawing of the structures and site was also submitted as shown in Section VII.0 below. The Applicant has also submitted a short plat application to subdivide the parcel into two (2)lots,one for each building, and associated parking,which is currently in process. The proposed uses(i.e. healthcare or social services; or professional service) are listed as principal permitted uses in the C-G zoning district per UDC Table 11-2B-2. Future development is subject to the dimensional standards listed in UDC Table 11-2B-3. A cross-access easement and maintenance agreement exists for the overall development, including this site, which allows shared use of abutting drives and details the maintenance responsibilities associated with those drives(Inst. #2020-003133). With the previous plats for Oxygen Subdivision, additional right-of-way(ROW)was dedicated for the expansion of S. Rackham Way to local street standards. Staff has reviewed the existing DA provisions and most have either already been satisfied or are not applicable to development of this site. Staff has included those that are still applicable with some modifications as applicable to this site in Section VII.D below for inclusion in the new DA. VI. DECISION A. Staff. Staff recommends approval of the proposed Development Agreement modification as requested by the Applicant. B. The Meridian City Council heard these items on Feb. 20t''. At the public hearing.the Council moved to approve the subject MDA request. 1. Summary of the City Council public hearing: a. In favor: Adam Watts.Applicant b. In opposition:None C. Commenting: None d. Written testimony: Adam Watts.Applicant(in agreement with staff report) e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. None 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation. a. None VII. EXHIBITS A. Existing Development Agreement Provisions 4, 11SV PERMITTED BY THIS AGREEMENT: This Agreement shall volt the right to develop the Property in accordance with the wrens and cmditiow;of this Agreerncnl. 4.1 The u2c4 allowed aUrsi4ant to this Agreement are only those uscs allowed under the UDC. 4.2 No change in the uses specified in di k J,gr"cnent shall be allowed without mod ifscationof this Agreement. S. CONDrHONS G0YL`ANI G DEV LOPMENT OF 8 l:1BJT-CT P,R0PEP TY S_1_ QvmerlD-pveloper shall dow-11op the Property in amcbrdance with the following apeciid contliti=: a, The subject properly shall develop in Substantial compliance with the conceptual development plan included in sxhibit"A". b. A 10-foot wide multi-ase pathway shall be constructed along the north side of the Five We Creek from the west to the east boundary of the site as set forth in the Pathways Mastcr Plan.Lcndsca ong i s required to be instal lea on each aide of pathway along Ow creek i a accord with the s%ndards J isted in UDC 11-313-17C,A publk pDOmIrian merit is required to ba submitted to the City, approved by City Council and rocorded for tho multi-use pathway along the crock with.the first phast of dcvelopment. u. Minimum five-foot wide pedesuian walkways steal I be provided internally within the site ftorn the multi-use pathway corimcti!ng to the sidewalk along E. Overland Pcdd and S. Rackham Way to the main building entrances with each phaso of dc%,clapmcnt;and for drive aisle lengths greater than 150 parking spaces or 200'away from the primary building ontranres — internal pedestrian welkways should be dis#ingidshed f om the vehicular driving�wfaces thr6ugh the use ofpavcrs,,Dolored or scared cbnCretc,or bricks as set forth in 00-C 11-3A-19BA d, The Five Mile Creole shall remain open as a natural amenity and shall not bt piped or otherwise covered and shall be protwteddtr ag construction_Fencing along the w,alerway shall not prevent access to the walerway,unless Council deems fencing should be required in tibe inkrrest of public safety in accord with UDC l]I-3A-6b. e, All future structum cm the site and the layout of the site shall comply with the design standards listed in UDC 11-3A-19 and the guidelines listed in tie Meridian Design Manual (or any updated versions thereof). f- prior to any development occurring in the Overlay District,a#loodplain permit app]icalion, including hydraulic and hydrologic analysis is required to be completed and submitted to the city and approved by the Floodplain Administrator,per MCC 10-6. g. All lighting proposed an the site shall comply with the standards listed in UDC: 11-3A- 11 C. Light fixtures that have a maximum output of 1,900 lumens or more sha11 have an opaque top to prevent upligltling;the bulb shall not be visible and shall have a full cutoff shield; and shall be placed such that the effective zone of light (as documented by the photometric test report)shall not trespass on abutting residential properties. h. The developer shall dedicate additional right-of way along the west property boundary to widen S. Rackham Way to local street standards with curb, gutter and sidewalk with subdivision of the property,unless S.Rackham Way is vacated. i. A street light plan will need to be included as part of the development plan submittal. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancitv.ory/pubiie works.aspX?id= j. Applicant shall coordinate water and sewer main size and routing with the Public Works Department,and execute standard forms of easements I'or any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specilications. k. Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. The applicant may be eligible for reimbursement of costs associated with upsizing the sewer and water mains per MCC8-&S. I. Water modeling will be required prior to development plan submittal to determine the timing of completing the water main loop throtegh the property from the existing 10-inch main stub at E. Overland Road and S_ Silvemtone Way to the existing 16-inch main adjacent to S.Rackham Way. m. The applicant shall provideeasement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20- feet wide for a single utility,or 30-feet wide f'or two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically dcpictcd on the plat for reference purposes.Submit an executed casement(on the f'onn available from Public Works),a legal description prepared byan Idaho Licensed Professional Lard Surveyor,w#aich must include the area of the casement(marked EXHIBIT A) and an 81/2"x I I"map with bearingsand distances(marked EXHIBIT B)for review_Botb exhibits must be sealed,signed and dated by a Professional Land Surveyor, DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. n. The developer shall enter into a cress-access easement and maintenance agreement with the abutting property owner to the north for the east/west shared driveway adjacent the northern boundary of the site. A recorded copy of the casement agreement shall be submitted to the Planning Division prior to the issuance of the first Certificate of Occupancy for the development. B. Existing Conceptual Development Plan b a�.or as r.■..ar ca � O ❑ i [f1TJ a ��ffff�lJ � o � flllllltllllllflllillllli1111`I '' o � I � -- �• Horco w pTm er� t n i i i i ry COMM 4R I { I 1 � II I I C. Proposed Conceptual Development Plan&Perspective Drawing FLATIRON LN jp r w• �—._—.��I v I nr was a 5dY WA .. U r Illmpn Mrrfrr7�1 u LrunriOYYhlf Nk ll'ry . ry 34 I {fJ■F14Fr'Rr1�4 - - ' s I ■r'aN _WATFS MFR1OMNMEDICAL PARTNERS SUBDIVISION a-wreeptptan _ LERIaMfIrr hp.L C�41�17r 171 W I 1 I D. Staff Recommended Development Agreement Provisions 1. Future development of the subject property shall substantial comply with the conceptual development plan and perspective drawing included in Section VII.0 and the provisions contained herein. 2. All future structures on the site and the layout of the site shall comply with the design standards listed in UDC 11-3A-19 and in the Architectural Standards Manual. V IDIAN� AGENDA ITEM ITEM TOPIC: Approval of Compensation and Construction Stipulation Letter with Williams - Northwest Pipeline for a pipeline replacement project that includes a small portion of City Well 32 lot Mayor Robert E. Simison City Council Members: E IDIANrf.-.�- Joe Borten, President Liz Strader,Vice President D A H O Doug Taylor John Overton Anne Little Roberts Luke Cavener TO: Mayor Robert E. Simison Members of the City Council FROM: Kyle Radek DATE: Match 6, 2024 SUBJECT: COMPENSATION AND CONSTRUCTION STIPULATION LETTER WITH WILLIAMS—NORTHWEST PIPELINE REQUESTED COUNCIL DATE: I. RECOMMENDED ACTION A. Move to: 1. Approve the Compensation and Construction Stipulation Letter with Williams-Northwest Pipeline 2. Authorize the Mayor to sign the agreement II. DEPARTMENT CONTACT PERSONS Kyle Radek 208-489-0343 Warren Stewart, City Engineer 208-489-0350 Laurelei McVey, Director of Public Works 208-985-1259 I1I. DESCRIPTION A. Background Northwest Pipeline plans to begin a pipeline replacement project in their existing easement that is adjacent to and includes a small portion of City Well 32 lot. The intent of the stipulation letter and attachment is to provide and assure clear information related to their construction and plans for compensation for any damage to landscaping or other features as required. VII. LIST OF ATTACHMENTS A. Exhibit "B"—Construction Stipulations Approved for Council Agenda: _ ~� Page I of I Wif b s March 6, 2024 COMPENSATION AND CONSTRUCTION STIPULATION LETTER City of Meridian 33 E BROADWAY AVE MERIDIAN, ID 83642-2619 RE: 2024 LINE 1400/1401 INTERMOUNTAIN PIPE REPLACEMENT PROJECT ASSESSOR'S PARCEL NUMBER: R3259151220 PROJECTTRACT#:INTMTN-ID-AD-0014.7 Dear Landowner, Northwest Pipeline LLC (Northwest) plans to begin construction of its 2024 LINE 1400/1401 INTERMOUNTAIN PIPE REPLACEMENT PROJECT in April 2024. On most properties involved in this project, including yours, Northwest has a 75-foot- wide pipeline easement,with rights included to remove and replace a pipeline or pipelines. Accordingly, Northwest plans to compensate you for surface damages related to crops, pasturage and landscaping. Said surface damages will need to be discussed and assessed with you to identify and agree upon together. Compensation for surface damages will be made once calculated and agreed upon together.Any payment will also require the completion of a Request for W-9/Taxpayer Identification Number Information form. Northwest, by this letter and landowner binder, is attempting to provide a concise source of information related to its construction and compensation plans and hopes the information will assist you in understanding the project. We appreciate your patience and cooperation as we go forward with this uncommon inconvenience. Also attached to this letter is a list of mutually agreed upon Construction Stipulations that will memorialize and help govern our construction activities on your property and to limit the impacts as much as possible.You may reach me directly with any questions at(480)819-2299. Sincerely, RiAnn Holsonback Land Agent for Williams—Northwest Pipeline Acknowledged and agreed upon on this 26th day of_ March 2024 City of Meridian, Mayor, Robert E. Simison 3-26-2024 ATTEST: Chris Johnson, City Clerk 3-26-2024 EXHIBIT "B" CONSTRUCTION STIPULATIONS INTMTN-ID-AD-0014.7 In accordance with the terms and conditions of this agreement, the Grantor and Grantee agree that Grantee's Facilities will be constructed on Grantor's property in accordance with the following terms and conditions: 1. Grantee will notify Grantor of the start of construction activity 7 or more days prior to start of construction preparation of the right of way on Grantor's land. 2. Grantee will construct the Facilities in compliance with the engineering design and safety standards of the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 49 CFR 192 in force at the time of construction. 3. Grantee will remove all construction waste and debris after completion of construction activities. 4. Grantee will restore all existing access roads and driveways disturbed by the construction to a condition equal to or better than existed prior to construction. 5. Grantee agrees that within a reasonable time following the completion of its work and subject to weather and/or soil conditions,Grantee will as near as practicable restore the Easement to its original contours. 6. Grantee will re-seed disturbed areas along the easement with a seed mix native to the area or as specified by the Grantor here: Turfgrass seed shall be 80% Kentucky Bluegrass and 20% Perennial Ryegrass hydro seeded at a rate of 80 lbs. per acre. 7. Grantee will protect and/or restore sprinkler systems damaged by the construction of the pipelines and shall be repaired in a good and workmanlike manner. 8. Grantee agrees to maintain the flow of water in all irrigation ditches, laterals and culverts during construction. Grantee agrees to repair any damaged irrigation ditches, laterals or culverts before or during final cleanup. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: City of Meridian 2023 Financial Audit Report E IDIAN -- I D A �r r y r 6 54 e Financial Statements September 30, 2023 City of Meridian, Idaho The City of Meridian is located in the center of the Treasure Valley in southwest Idaho. Founded in 1893 and incorporated as a city in 1903, Meridian is now one of Idaho's largest and fastest growing communities. Meridian is cited by Money Magazine as one of its Top 50 Best Places to Live,and by America's Promise Alliance and ING as one of the nation's 100 Best Communities for Young People. For more information,visit www.meridiancity.org. City of Meridian, Idaho Table of Contents September 30, 2023 IndependentAuditor's Report...................................................................................................................................1 Management's Discussion and Analysis ....................................................................................................................5 Government-Wide Financial Statements Statementof Net Position ...................................................................................................................................13 Statementof Activities.........................................................................................................................................15 Fund Financial Statements Balance Sheet—Governmental Funds................................................................................................................. 16 Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Position........................18 Statement of Revenues, Expenditures, and Changes in Fund Balances—Governmental Funds ........................19 Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities ...................................................................................................................20 Statement of Net Position—Proprietary Fund ....................................................................................................21 Statement of Revenues, Expenses, and Changes in Fund Net Position—Proprietary Fund ...............................23 Statement of Cash Flows—Proprietary Fund ......................................................................................................24 Statement of Fiduciary Net Position....................................................................................................................26 Statement of Changes in Fiduciary Net Position .................................................................................................27 Notes to Financial Statements.............................................................................................................................28 Required Supplementary Information Schedule of Employer's Share of Net Pension Liability(Asset) and Employer Contributions.............................53 Schedule of Revenues, Expenditures, and Changes in Fund Balance—Budget and Actual—General Fund.......55 Notes to Required Supplementary Information..................................................................................................57 Other Information Schedule of Revenues, Expenditures and Changes in Fund Balance—Budget and Actual — Capital Projects Fund .....................................................................................................................................................................58 Schedule of Revenues, Expenditures and Changes in Fund Balance—Budget and Actual—Enterprise Fund....59 Single Audit Section Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards.................................................................................................................................................................60 Independent Auditor's Report on Compliance for the Major Federal Program; Report on Internal Control Over Compliance Required by the Uniform Guidance.....................................................................................................62 Schedule of Expenditures of Federal Awards......................................................................................................65 Notes to Schedule of Expenditures of Federal Awards .......................................................................................66 Schedule of Findings and Questioned Costs........................................................................................................67 EideBailly® CPAs&BUSINESS ADVISORS Independent Auditor's Report Mayor and Members of the City Council City of Meridian Meridian, Idaho Report on the Audit of the Financial Statements Opinions We have audited the financial statements of the governmental activities,the business-type activities, the discretely presented component unit, and each major fund of the City of Meridian, Idaho (the City), as of and for the year ended September 30, 2023, and the related notes to the financial statements, which collectively comprise the City's basic financial statements as listed in the table of contents. In our opinion,the accompanying financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities,the business-type activities,the discretely presented component unit, and each major fund of the City of Meridian, as of September 30, 2023, and the respective changes in financial position, and, where applicable, cash flows thereof for the year then ended in accordance with accounting principles generally accepted in the United States of America. Basis for Opinions We conducted our audit in accordance with auditing standards generally accepted in the United States of America (GAAS) and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States (Government Auditing Standards). Our responsibilities under those standards are further described in the Auditor's Responsibilities for the Audit of the Financial Statements section of our report. We are required to be independent of the City, and to meet our other ethical responsibilities, in accordance with the relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Change in Accounting Principle As discussed in Notes 1 and 5 to the financial statements, the City has adopted the provisions of GASB Statement No. 96,Subscription-Based Information Technology Arrangements.There was no change to beginning net position as a result of the implementation of this Standard. Our opinions are not modified with respect to this matter. What inspires you,inspires us.I eidebailly.com 1 877 W.Main St.,Ste.800 1 Boise,ID 83702-5858 1 T 208.344.7150 1 F 208.344.7435 EOE Responsibilities of Management for the Financial Statements Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America, and for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. In preparing the financial statements, management is required to evaluate whether there are conditions or events, considered in the aggregate,that raise substantial doubt about the City's ability to continue as a going concern for twelve months beyond the financial statement date, including any currently known information that may raise substantial doubt shortly thereafter. Auditor's Responsibilities for the Audit of the Financial Statements Our objectives are to obtain reasonable assurance about whether the financial statements as a whole are free from material misstatement, whether due to fraud or error, and to issue an auditor's report that includes our opinions. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS and Government Auditing Standards will always detect a material misstatement when it exists.The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentations, or the override of internal control. Misstatements are considered material if there is a substantial likelihood that, individually or in the aggregate,they would influence the judgment made by a reasonable user based on the financial statements. In performing an audit in accordance with GAAS and Government Auditing Standards, we: • Exercise professional judgment and maintain professional skepticism throughout the audit. • Identify and assess the risks of material misstatement of the financial statements,whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the amounts and disclosures in the financial statements. • Obtain an understanding of internal control relevant to the audit in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control. Accordingly, no such opinion is expressed. • Evaluate the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluate the overall presentation of the financial statements. • Conclude whether, in our judgment, there are conditions or events, considered in the aggregate, that raise substantial doubt about the City's ability to continue as a going concern for a reasonable period of time. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit, significant audit findings, and certain internal control-related matters that we identified during the audit. 2 Required Supplementary Information Accounting principles generally accepted in the United States of America require that the management's discussion and analysis, Schedule of Employer's Share of Net Pension Liability(Asset) and Employer Contributions, and the Schedule of Revenues, Expenditures, and Changes in Fund Balance—Budget and Actual—General Fund be presented to supplement the basic financial statements. Such information is the responsibility of management and, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with GAAS, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries,the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Supplementary Information Our audit was conducted for the purpose of forming opinions on the financial statements that collectively comprise the City's basic financial statements.The accompanying Schedule of Revenues, Expenditures and Changes in Fund Balance—Budget and Actual—Capital Projects Fund, the Schedule of Revenues, Expenditures and Changes in Fund Balance—Budget and Actual—Enterprise Fund, and the Schedule of Expenditures of Federal Awards as required by Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (collectively referred to as supplementary information), are presented for purposes of additional analysis and are not a required part of the basic financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the basic financial statements. The information has been subjected to the auditing procedures applied in the audit of the basic financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the basic financial statements or to the basic financial statements themselves, and other additional procedures in accordance with GAAS. In our opinion, the supplementary information is fairly stated, in all material respects, in relation to the basic financial statements as a whole. 3 Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated March 5, 2024 on our consideration of the City's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, and other matters.The purpose of that report is solely to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the City's internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the City's internal control over financial reporting and compliance. ��' 44 .4 G T 41 Boise, Idaho March 5, 2024 4 City of Meridian, Idaho Management's Discussion and Analysis September 30, 2023 This section of the City of Meridian's (City's) annual financial report presents management's discussion and analysis of the City's financial performance during the year ended September 30, 2023. Please use this information in conjunction with the information furnished in the City's financial statements. Financial Highlights • The total assets and deferred outflows of the City exceeded its liabilities and deferred inflows at September 30, 2023 by$704,983,854 as compared to$658,719,397 at September 30, 2022. • Net position of the Governmental activities finished the fiscal year 2023 at$219,614,655. • Net position of Business-type activities finished fiscal year 2023 at$485,369,199. • Total unrestricted fund balance of governmental funds at September 30, 2023 was$57,592,323 as compared to a total unrestricted governmental fund balance at September 30, 2022 of$69,615,987. • Total unrestricted fund balance of business-type funds at September 30, 2023 was $104,834,465 as compared to a total unrestricted business-type fund balance at September 30, 2022 of$92,299,400. • The City's total outstanding long-term debt at September 30, 2023 is$0.00. Overview of the Financial Statements This discussion and analysis are intended to serve as an introduction to the City's basic financial statements.The basic financial statements have four components—government-wide financial statements,fund financial statements, notes to the financial statements, and required supplementary information. Government-Wide Financial Statements These statements report information about all of the operations of the City using accounting methods similar to those used by private sector companies.These statements are prepared using the flow of economic resources measurement focus and accrual basis of accounting.The current year's revenues and expenses are recorded as transactions occur rather than when cash is received or paid. The government-wide financial statements are divided into two categories: Statement of Net Position—Reports the City's assets (what the City owns) and liabilities (what the City owes) with the difference between the two reported as net position. Over time, increases or decreases in net position may serve as a useful indicator of whether the financial position of the City is improving or deteriorating. Statement of Activities—Reports all of the City's revenues and expenses for the year by function. Examples of functions are public safety, administration, and water and sewer activities. Revenues, such as property tax which cannot be traced to a specific function, are reported as General Revenues. 5 City of Meridian, Idaho Management's Discussion and Analysis September 30, 2023 GOVERNMENT-WIDE FINANCIAL STATEMENT ANALYSIS Statement of Net Position At September 30, 2023 the City's combined assets and deferred outflows exceeded liabilities and deferred inflows by$704,983,854 as compared to the net position as of September 30, 2022 of$658,719,397. Government-wide total assets and deferred outflows of resources increased from last fiscal year to finish fiscal year 2023 at$830,609,217. Government-wide total liabilities and deferred inflows of resources increased from last fiscal year to finish fiscal year 2023 at$125,625,363. The largest portion of the City's net position is invested in capital assets net of related debt. Capital assets include land, building, equipment and machinery, IT subscriptions, and sewer and water utility infrastructure. The table below has been condensed from the Statement of Net Position. Primary Government Governmental Business-Type Total Activities Activities 2023 2022 2023 2022 2023 2022 Current and Other Assets $ 169,705,362 $ 178,216,655 $ 117,767,469 $ 104,390,673 $ 287,472,831 $ 282,607,328 Capital Assets 143,649,874 117,761,901 380,799,128 357,328,702 524,449,002 475,090,603 Deferred Outflows of Resources 15,510,528 17,925,158 3,176,856 3,934,793 18,687,384 21,859,951 TOTAL Assets and Deferred Outflows of Resources 328,865,764 313,903,714 501,743,453 465,654,168 830,609,217 779,557,882 Current Liabilities 12,742,896 10,955,082 8,212,016 8,222,742 20,954,912 19,177,824 Long-term Liabilities 51,008,357 48,079,430 8,162,238 8,080,944 59,170,595 56,160,374 Deferred Inflows of Resources 45,499,856 45,468,911 - 31,376 45,499,856 45,500,287 TOTAL Liabilities and Deferred Inflows of Resources 109,251,109 104,503,423 16,374,254 16,335,062 125,625,363 120,838,485 Net Investment in Capital Assets 142,199,505 117,761,901 380,534,734 357,019,706 522,734,239 474,781,607 Restricted 19,822,827 22,022,403 - - 19,822,827 22,022,403 Unrestricted 57,592,323 69,615,987 104,834,465 92,299,400 162,426,788 161,915,387 TOTAL Net Position $ 219,614,655 $ 209,400,291 $ 485,369,199 $ 449,319,106 $ 704,983,854 $ 658,719,397 6 City of Meridian, Idaho Management's Discussion and Analysis September 30, 2023 Statement of Activities During the 2023 fiscal year the City's financial position improved by$46,264,457.The following condensed financial information was derived from the government-wide Statement of Activities and shows how the City's net position changed during the year. Government-wide total revenues increased from last fiscal year to finish fiscal year 2023 at$175,317,385. Government-wide total expenses increased from last fiscal year to finish fiscal year 2023 at$129,052,928. Primary Government Governmental Business-Type Total Primary Activities Activities Government 2023 2022 2023 2022 2023 2022 Revenues Program Revenues Charges for services $ 18,786,450 $ 19,622,112 $ 33,046,132 $ 32,319,110 $ 51,832,582 $ 51,941,222 Operating grants and contributions 1,619,149 954,571 20,658,840 19,164,055 22,277,989 20,118,626 Capital Grants and Contributions 9,789,358 4,808,001 19,164,075 - 28,953,433 4,808,001 General Revenue: Property taxes 46,096,236 42,976,972 - 46,096,236 42,976,972 Franchise fees 2,447,941 1,953,305 2,447,941 1,953,305 Sales tax and other governmental 15,088,288 14,433,359 - - 15,088,288 14,433,359 Investment Earnings 3,981,810 974,294 3,857,400 983,326 7,839,210 1,957,620 Other Revenue 503,945 (2,732,849) 277,761 (3,520,726) 781,706 (6,253,575) Total Revenues 98,313,177 82,989,765 77,004,208 48,945,765 175,317,385 131,935,530 Expenses General Government Administration 14,917,157 11,880,036 - - 14,917,157 11,880,036 Law Enforcement 33,293,428 28,736,771 33,293,428 28,736,771 Fire Department 22,480,889 17,708,780 22,480,889 17,708,780 Parks and Recreation 13,251,188 12,269,684 13,251,188 12,269,684 Community Planning and Devlp 7,525,483 8,678,052 - - 7,525,483 8,678,052 Enterprise-sewer and water - - 37,584,783 38,760,169 37,584,783 38,760,169 Total Expenses 91,468,145 79,273,323 37,584,783 38,760,169 129,052,928 118,033,492 Excess(deficiency)of revenues over expenditures before transfers 6,845,032 3,716,442 39,419,425 10,185,596 46,264,457 13,902,038 Transfers-internal activities 3,369,332 2,974,273 (3,369,332) (2,974,273) Change in net position 10,214,364 6,690,715 36,050,093 7,211,323 46,264,457 13,902,038 Net Position,Beginning of Year 209,400,291 202,709,576 449,319,106 442,107,783 658,719,397 644,817,359 Net Position,Ending of Year $ 219,614,655 $ 209,400,291 $ 485,369,199 $ 449,319,106 $ 704,983,854 $ 658,719,397 Fund Financial Statements The fund financial statements provide information about the City's major funds, not the City as a whole.The City uses a method of accounting, called fund accounting, to separate specific sources of funds and corresponding expenditures. Funds may be required by law or may be established by the City Council. At the end of a fiscal year the unreserved fund balance serves as a useful measure of a government's net resources. 7 City of Meridian, Idaho Management's Discussion and Analysis September 30, 2023 The City has the following funds: Governmental Funds: These funds encompass the City's basic services, public safety, community planning and development, administration, and parks and recreation. Governmental fund financial statements focus on short- term inflows and outflows of spendable resources, an accounting approach known as the flow of current financial resources measurement focus and the modified accrual basis of accounting. Information provided by these statements provides a short-term view of what resources will be available to meet needs. The City has two governmental funds: • General Fund—The general fund is the general operating fund of the City. It derives most of its income from property tax and funds the operations of the City. It includes the Development Services Fund, used to account for revenue and expenses of the community planning and development function, and the Public Safety Fund used to set aside funds for police and fire capital projects. It also includes the Impact Fee Fund used to account for park and public safety impact fee revenue and capital acquisitions. • Capital Projects Fund—The Capital Projects Fund is used to account for financial resources to be used for the acquisition of major capital facilities. The City has one proprietary fund: Enterprise Fund (Business-Type Activities): User fees finance activities in this fund.The water and sewer utilities and all the activities necessary to support their operation are accounted for in this fund. Accounting for this fund is the same as a private business on a full accrual basis. The City has one fiduciary fund: The City established the "City of Meridian Employee Benefits Plan Trust" (the Trust) in January 2020. All health claims are paid from this Trust and all plan contributions are deposited into the Trust.The Trust uses a calendar year basis as its fiscal year and the most recent audited financial statements are presented as part of this financial statement(fiscal year ended December 31, 2022). FUND FINANCIAL STATEMENTS ANALYSIS Governmental Funds The General Fund had an ending fund balance of$87,218,652 for fiscal year 2023, a decrease from the ending fund balance at the end of fiscal year 2022, which was$90,556,566.This decrease was primarily caused by a decrease in the prepaid items balance of approximately$3.7 million, which related to prepayments that were made in fiscal year 2022 for new fire trucks. The Capital Project Fund ending fund balance decreased from fiscal year 2022 to fiscal year 2023, to finish the year at$13,011,622.The decrease was seen primarily in the cash and cash equivalents balance which decreased by approximately$3.8 million, as the City utilized its financial resources to continue providing improvements to local area infrastructure, including the continued development of Discovery Park. 8 City of Meridian, Idaho Management's Discussion and Analysis September 30, 2023 General Fund revenues increased significantly by approximately$9.8 million to finish the year at$97,015,962. The increase was primarily attributable to an increase in property taxes (increase of$3 million), an increase in interest earnings (increase of$2.4 million), and an increase in the impact fee revenue amounts (increase of$3.2 million). Capital Project Fund revenue amounts increase from fiscal year 2022 by$567,323, which was due to strong market performance of the State's Local Government Investment Pool. Expenditures for the General Fund increased by$18 million, which was attributable to increases in almost all governmental functions (general, public safety, and parks& recreation). Capital outlay amounts for the General Fund increased from fiscal year 2022 by$7.1 million to finish the year at$22,039,404.The increase in capital outlay represents the City's investment in the continued development of the City's infrastructure. For the Capital Project Fund, expenditures increased by$7.8 million, to finish the year at$9,669,383,which again demonstrates the City's investment in providing and maintaining the City's building and infrastructure assets, as well as continued planned projects for citizens, including Discovery Park. Enterprise Fund (Business-Type Activities) Ending Net Position for the Business-Type activities increased significantly from fiscal year 2022,to finish the year at$485,369,199.There were numerous contributing factors that led to the increase including an increase in the cash and cash equivalents balance (increase of$12 million), increase in the investments balance (increase of $1.2 million), and an increase in the capital asset amounts (increase of$23.5 million). Operating revenues for the Business-Type activities increase was due to an overall increase in water and sewer sales, which combined accounted for an increase of approximately$1.5 million. This increase was offset slightly by a decrease in the other service revenue, engineering fees and sale of meter amounts.Total increase from fiscal year 2022 operating revenues was $721,304. Expenditures for the Business-Type activities also increased from fiscal year 2022 by$3 million,to finish the year at$37.6 million. The largest increase was in personnel services, which represents the City's investment in its people. Fiduciary-Type Activities The Trust uses a calendar year basis as its fiscal year and the most recent audited financial statements are presented as part of this financial statement (fiscal year ended December 31, 2022). Total assets ended the year at$2,394,373.Amounts represented cash on hand, receivables to the Trust and prepaid expense. Total Liabilities ended the year at$398,015. Amounts represent the claims incurred but not reported and claims payable as of December 31, 2022. 9 City of Meridian, Idaho Management's Discussion and Analysis September 30, 2023 During the year ended December 31, 2022, additions to the Trust totaled $7,961,082. Amounts reported as additions represent contributions to the Trust through employee and employer contributions, as well as interest income and prescription rebates. During the year ended December 31, 2022, deductions from the Trust totaled $7,262,699. Deductions from the Trust are primarily comprised of health claim benefits paid,which totaled $6,270,790. Notes to the Financial Statements The notes provide additional information that is necessary to fully understand the data presented in the government-wide and fund financial statements. Required Supplementary Information This section has information that further explains and supports the information in the financial statements by including a comparison of the City's budget data for the year, as well as the City's schedule of employer's share of net pension liability and the City's Schedule of employer contributions and the City's schedule of expenditures of federal awards. GENERAL FUND BUDGETARY HIGHLIGHTS Budget to Actual comparisons are found following the Notes to the Financial Statements within the Supplemental section of this Audit Report. Below is a discussion regarding the General Fund Budget to Actual comparison. The final fiscal year 2023 overall expenditure budget was $127,029,059 as compared to the actual expenditures of$100,732,500. There are three categories of budget expenditures: personnel, operating, and capital outlay.The discussion below will address each category and the differences between budget and actual. The total actual personnel expense for the 2023 fiscal year was $56,954,388 as compared to the final budget of $59,220,851. The primary reason for the variance between actual and budget is related to the amount of vacancy positions that were not filled during the fiscal year. The total actual operating expense was$21,738,708 as compared to the final budget of$38,240,241.The largest budget to actual variance for the operating expenses is due to City receiving a Federal Grant that was not expensed during the fiscal year. Federal Grant dollars will be spent during fiscal year 2024. The total General Fund 2023 capital expense was$22,039,404 as compared to the final budget of$29,567,967. The largest budget to actual variance for capital expenses is related to construction in progress projects associated to our Public Safety building construction. 2023 General Fund actual revenue of$97,015,962 fell short of the final budget of$101,249,434. 10 City of Meridian, Idaho Management's Discussion and Analysis September 30, 2023 The largest percentage of General Fund revenue resides in property tax and finished fiscal year 2023 at $45,983,863. Intergovernmental revenue sharing is the second largest revenue stream in 2023 and finished the fiscal year higher than fiscal year 2022 at$18,456,373.The third largest source of General Fund revenue in fiscal year 2023 was licenses and permits, namely building permit sales. At the end of 2023,the licenses and permits revenue finished the year at$11,038,830. CAPITAL ASSET AND DEBT ADMINISTRATION Capital Assets At the end of fiscal year 2023, the City had $524,184,608 invested in capital assets (net of accumulated depreciation). The City's investment in capital assets includes land, buildings, sewer and water lines, IT subscriptions, and vehicles and equipment. Sidewalks, bridges, and roads belong to the Ada County Highway District. Major capital asset changes in the General Government Funds in 2023 included: • $11,540,118 in Buildings and Improvements • $11,540,118 in Capital projects still in construction • $2,405,360 in new Equipment • $0 in new Land Major capital asset changes in the Business-type Funds in 2023 included: • $(6,810,039) in Buildings and Improvements • $8,180,794 in Capital projects still in construction • $3,806,015 in Equipment • $8,299,383 in new Sewer and Water Lines • $0 in Land Capital Assets as of September 30,2023 (net of depreciation) Governmental Business-Type Total Primary Activities Activities Government 2023 2022 2023 2022 2023 2022 Land $ 30,305,124 $ 30,305,124 $ 6,249,313 $ 6,249,313 $ 36,554,437 $ 36,554,437 Easements 832,164 749,317 20,126,576 10,087,701 20,958,740 10,837,018 Buildings and improvements other than buildings 75,492,354 63,952,236 90,990,336 97,800,375 166,482,690 161,752,611 Sewer and water lines - - 209,174,866 200,875,483 209,174,866 200,875,483 Equipment 9,096,199 6,690,839 25,649,360 21,843,345 34,745,559 28,534,184 Construction in progress 27,549,911 16,064,385 28,344,283 20,163,489 55,894,194 36,227,874 Right to use subscriptions 374,122 - - - 374,122 - $ 143,649,874 $ 117,761,901 $ 380,534,734 $ 357,019,706 $ 524,184,608 $ 474,781,607 11 City of Meridian, Idaho Management's Discussion and Analysis September 30, 2023 The City recorded $6,339,407 in depreciation expense for Governmental City functions and $14,412,618 for Business-type activities. (See Note 5 to the financial statements). Debt Administration The only outstanding obligations the City had as of September 30, 2023, related to the outstanding IT subscriptions (See Note 5 to the financial statements). Fiscal Year 2024 Economic Factors and Budgetary Considerations The City of Meridian prepares an economic forecast as a component in the process of developing the annual budget. Following local and national indicators currently affecting the City of Meridian, the City's approved FY2024 budget anticipated a level of economic activity commiserate with the prior year. Since the spring of 2012, construction and development continues to be active and steady.The following considerations by the City Council were taken when it adopted the FY2024 Budget: • The City provided compensation increases for general employees. • The City considered the current FY2023 economic conditions and trends while working on the FY2024 budget. • The City maintained that a conservative approach to revenue projections was in the best interest of the City. • The City Council elected to increase the annual property taxes by 1.6%which is allowable by State code. • The City continued to the practice of taking on no debt. • The City's sewer and water customer utility accounts project to see a decline in sales by 13%year over year as growth slows down as compared to years past. • The City continues to see population growth year over year with a 10-year annual average of about 5.5% Requests for Information This report is designed to provide a general overview of the City of Meridian's finances for our citizens and customers. If you have questions about this report or need additional financial information, please visit the City's Finance Department webpage or contact: City of Meridian Finance Department 33 E. Broadway Ave. Meridian, Idaho 83642 Phone: (208) 888-4433 12 City of Meridian, Idaho Statement of Net Position Year Ended September 30, 2023 Primary Government Governmental Business-Type Component Activities Activities Total Unit ASSETS Current Assets Cash and cash equivalents $ 70,756,364 $ 70,886,032 $ 141,642,396 $ 8,181,092 Restricted cash and cash equivalents 18,045,809 - 18,045,809 - Investments 25,045,309 41,684,217 66,729,526 - Restricted investments 2,191,997 - 2,191,997 - Receivables Accounts(net of$30,000 allowance for enterprise fund uncollectibles) 1,941,393 4,647,847 6,589,240 9,365 Current portion of note receivable - 36,816 36,816 - Property taxes 46,290,689 - 46,290,689 4,497,644 Due from other governmental units 4,873,743 - 4,873,743 - Interest 422,886 398,523 821,409 - Deposits and prepaid expenses 43,403 114,034 157,437 4,473 Lakeview inventory 93,769 - 93,769 - Total Current Assets 169,705,362 117,767,469 287,472,831 12,692,574 Noncurrent Assets Long-term note receivable - 264,394 264,394 - Capital Assets Land, easements, and other assets not depreciated 58,687,199 54,720,172 113,407,371 672,384 Buildings, improvements and equipment, net of depreciation 84,588,553 325,814,562 410,403,115 - Right to use subscription IT assets, net of accumulated amortizaton 374,122 - 374,122 - Total Noncurrent Assets 143,649,874 380,799,128 524,449,002 672,384 Deferred Outflows of Resources Pension obligations 15,510,528 3,176,856 18,687,384 - TOTAL ASSETS AND DEFERRED OUTFLOWS $ 328,865,764 $ 501,743,453 $ 830,609,217 $ 13,364,958 See Notes to Financial Statements 13 City of Meridian, Idaho Statement of Net Position Year Ended September 30, 2023 Primary Government Governmental Business-Type Component Activities Activities Total Unit LIABILITIES Current Liabilities Accounts payable $ 5,673,317 $ 6,261,794 $ 11,935,111 $ 26,161 Accrued payroll and taxes 2,349,046 461,667 2,810,713 - Customer deposits 3,914,093 1,185,061 5,099,154 - Interest payable 16,095 - 16,095 - Due within one year Accrued vacation,current portion 477,559 63,494 541,053 - Settlement payable - 240,000 240,000 - Right to use IT subscription liability 312,786 - 312,786 - Total Current Liabilities 12,742,896 8,212,016 20,954,912 26,161 Noncurrent Liabilities Accrued vacation-less current portion 3,343,043 571,450 3,914,493 - Due to developers - - - 2,438,100 Net pension liability 35,533,645 7,277,975 42,811,620 - Advanced revenue-ARPA obligations 12,023,638 - 12,023,638 - Advanced revenue-other 108,031 312,813 420,844 - Total Noncurrent Liabilities 51,008,357 8,162,238 59,170,595 2,438,100 Deferred Inflows of Resources Unavailable revenues-Opioid Settlement 178,535 - 178,535 - Unavailable revenues-property taxes 45,321,321 - 45,321,321 4,413,113 Total Deferred Inflows of Resources 45,499,856 - 45,499,856 4,413,113 TOTAL LIABILITIES AND DEFERRED INFLOWS 109,251,109 16,374,254 125,625,363 6,877,374 NET POSITION Net investment in capital assets 142,199,505 380,534,734 522,734,239 672,384 Restricted - - - 5,815,200 Impact funds 19,821,540 - 19,821,540 - Grant funds 1,287 - 1,287 - Unrestricted Capital improvements 17,155,749 - 17,155,749 - General funds 40,436,574 104,834,465 145,271,039 TOTAL NET POSITION 219,614,655 485,369,199 704,983,854 6,487,584 Total Liabilities and Net Position $ 328,865,764 $ 501,743,453 $ 830,609,217 $ 13,364,958 See Notes to Financial Statements 14 City of Meridian, Idaho Statement of Activities Year Ended September 30, 2023 Program Revenues Net(Expense)Revenue and Changes in Net Assets Operating Capital Primary Government Charges for Grants and Grants and Government Business-Type Component Functions/Programs Expenses Services Contributions Contributions Activities Activities Total Unit Primary Government Governmental Activities General government Administration $ 14,917,157 $ 240,609 $ 1,371,983 $ 960 $ (13,303,605) $ $ (13,303,605) $ Public safety Law enforcement 33,293,428 1,553,203 118,815 760,655 (30,860,755) (30,860,755) Fire department 22,480,889 1,968,551 16,250 2,515,658 (17,980,430) (17,980,430) Parks and recreation 13,251,188 3,888,194 72,106 6,509,876 (2,781,012) (2,781,012) Community development 7,525,483 11,135,893 39,995 2,209 3,652,614 3,652,614 Total governmental activities 91,468,145 18,786,450 1,619,149 9,789,358 (61,273,188) (61,273,188) Business-Type Activities Water and wastewater 37,584,783 33,046,132 20,658,840 19,164,075 35,284,264 35,284,264 Total Primary Government $ 129,052,928 $ 51,832,582 $ 22,277,989 $ 28,953,433 $ (61,273,188) $ 35,284,264 $ (25,988,924) $ Component Unit Downtown development S 743,098 $ - S S $ - $ - $ $ (743,098) General revenues Shared revenues Property taxes,levied for general purposes $ 46,096,236 $ $ 46,096,236 $ 3,351,496 Franchise fees 2,447,941 2,447,941 - Sales tax and other governmental 15,088,288 15,088,288 - Investment earnings 3,981,810 3,857,400 7,839,210 100,551 Net increase in fair value of investments 375,282 311,632 686,914 - Miscellaneous 89,608 5,323 94,931 9,365 Gain(loss)on sale of fixed assets 39,055 (39,194) (139) - Transfers-internal activities 3,369,332 (3,369,332) - - Total General Revenues and Transfers 71,487,552 765,829 72,253,381 3,461,412 Change in Net Position 10,214,364 36,050,093 46,264,457 2,718,314 Net Position,Beginning of Year 209,400,291 449,319,106 658,719,397 3,769,270 Net Position,Ending of Year $ 219,614,655 $ 485,369,199 $ 704,983,854 $ 6,487,584 See Notes to Financial Statements 15 City of Meridian, Idaho Balance Sheet—Governmental Funds Year Ended September 30, 2023 Total Capital Governmental General Projects Funds ASSETS Cash and cash equivalents $ 56,667,098 $ 14,089,266 $ 70,756,364 Investments 25,045,309 - 25,045,309 Receivables Accounts 1,926,280 15,113 1,941,393 Property taxes 46,290,689 - 46,290,689 Due from other governmental units 4,873,743 - 4,873,743 Interest 359,602 63,284 422,886 Prepaid items 43,403 - 43,403 Lakeview inventory 93,769 - 93,769 Restricted assets Cash and cash equivalents 18,045,809 - 18,045,809 Investments 2,191,997 - 2,191,997 Total Assets $ 155,537,699 $ 14,167,663 $ 169,705,362 LIABILITIES, DEFERRED INFLOWS AND FUND BALANCE Liabilities Current Liabilities Accounts payable $ 3,494,028 $ 1,156,041 $ 4,650,069 Accrued payroll and taxes 2,349,046 - 2,349,046 Customer deposits-Lakeview Golf Course 108,031 - 108,031 Advanced revenue-ARPA obligations 12,023,638 - 12,023,638 Customer deposits 3,914,093 - 3,914,093 Total Current Liabilities 21,888,836 1,156,041 23,044,877 Deferred Inflows of Resources Unavailable revenue-property taxes 46,430,211 - 46,430,211 Total Liabilities and Deferred Inflows 68,319,047 1,156,041 69,475,088 See Notes to Financial Statements 16 City of Meridian, Idaho Balance Sheet—Governmental Funds Year Ended September 30, 2023 Total Capital Governmental General Projects Funds Fund Balances Nonspendable Prepaids 43,403 43,403 Inventory for Lakeview Golf Course 93,769 93,769 Restricted Impact Fund 16,678,933 16,678,933 Impact Fund Balance Budget of Carryforward 3,147,194 3,147,194 Grant Fund 1,287 - 1,287 Committed Capital Projects Fund - 10,496,036 10,496,036 Fund Balance Budget of Carryforward - 2,515,586 2,515,586 Public Safety Fund 6,030,469 - 6,030,469 Assigned Fund Balance Budget of Carryforward 9,101,518 - 9,101,518 Capital Improvement Plan 20,000,000 - 20,000,000 Comm. Dev. Excess Revenue Transfer 4,144,126 - 4,144,126 Operating Reserve 19,386,112 - 19,386,112 Emergency Reserve 6,227,872 - 6,227,872 Unassigned 2,363,969 - 2,363,969 Total Fund Balances 87,218,652 13,011,622 100,230,274 Total Liabilities and Fund Balances $ 155,537,699 $ 14,167,663 $ 169,705,362 See Notes to Financial Statements 17 City of Meridian, Idaho Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Position Year Ended September 30, 2023 Fund balance-total governmental funds $ 100,230,274 Amounts reported for governmental activities in the statement of activities are different because: Capital assets, including right to use subscription IT assets, used in governmental activites are not financial resources and therefore are not reported in the funds. 143,649,874 Retainage that are not due and payable in the current period and, therefore, are not reported in the governmental funds. (1,023,248) Some of the property taxes receivable are not available to pay for current-period expenditures and therefore are deferred in the funds. 930,355 Long-term obligation is not due and payable in the current period and therefore is not reported in the funds. Net pension liability (35,533,645) Deferred outflows of resources related to pension obligations. 15,510,528 Right of use IT subscription and liabilities are expensed at the fund level but reported as a liability due within one year on the Statement of Net Position. (312,786) Accrued interest payable is not due and payable in the current period and (16,095) therefore is not reported in the funds. Accrued vacation is not due and payable in the current period and therefore is not reported in the funds. (3,820,602) Net Position of governmental activities $ 219,614,655 See Notes to Financial Statements 18 City of Meridian, Idaho Statement of Revenues, Expenditures, and Changes in Fund Balances—Governmental Funds Year Ended September 30, 2023 Total Capital Governmental General Projects Funds Revenues Taxes $ 45,983,863 $ - $ 45,983,863 Licenses and permits 11,038,830 - 11,038,830 Intergovernmental 18,456,373 - 18,456,373 Franchise fees 2,447,941 - 2,447,941 Fines and forfeitures 637,304 - 637,304 Charges for services 5,326,777 - 5,326,777 Interest 3,294,149 687,661 3,981,810 Miscellaneous 89,608 - 89,608 Donations 107,775 - 107,775 Impact revenues 9,633,342 - 9,633,342 Total revenues 97,015,962 687,661 97,703,623 Expenditures General government 12,725,228 - 12,725,228 Public safety 49,177,787 - 49,177,787 Parks and recreation 9,901,818 - 9,901,818 Community development services 6,888,263 - 6,888,263 Capital outlay 22,039,404 9,669,383 31,708,787 Debt service 332,030 - 332,030 Total expenditures 101,064,530 9,669,383 110,733,913 Excess of Revenues Over(Under) Expenditures (4,048,568) (8,981,722) (13,030,290) Other Financing Sources (Uses) Operating transfer in 3,369,332 3,647,538 7,016,870 Operating transfer out (3,647,538) - (3,647,538) Subscriptions 644,816 - 644,816 Unrealized gain (loss) on investments 304,989 70,293 375,282 Proceeds from sale of capital assets 39,055 - 39,055 Total other financing sources (uses) 710,654 3,717,831 4,428,485 Net Change in Fund Balances (3,337,914) (5,263,891) (8,601,805) Fund Balance, Beginning of Year 90,556,566 18,275,513 108,832,079 Fund Balance, End of Year $ 87,218,652 $ 13,011,622 $ 100,230,274 See Notes to Financial Statements 19 City of Meridian, Idaho Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities Year Ended September 30, 2023 Change in fund balance -total governmental funds $ (8,601,805) Amounts reported for governmental activities in the statement of net position are different because: Governmental funds report capital outlay as expenditures. However, in the statement of activities the cost of those assets is allocated over their estimated useful lives and reported as depreciation expense.This is the amount by which capital outlays exceeded depreciation and loss on sale of assets in the current period. New capital 31,708,787 Depreciation (6,339,407) SBITA amortization (270,694) Total 25,098,686 Capital assets contributed by citizens or developers are not a source of financial resources and thus, are not recognized in the governmental funds. 82,847 Some property tax revenue in the statement of activities does not provide current financial resources and is not reported as revenue in the governmental funds. 112,373 Expenditures (revenues) related to the net pension liability that do not require the use of current financial resources and therefore are not reported as expenditures in governmental funds. (5,780,625) Expenditures related to the long-term portion of accrued vacation do not require the use of current financial resources and therefore are not reported as expenditures governmental funds. (368,232) Debt Service Payments for principal payment are reported as expenditures in the governmental funds, but are not reported as expenses in the statement of activities. Subscription principal payments 332,030 The issuance of long-term debt provides current financial resources to governmental funds, but are not reported as revenues in the statement of activities resources of governmental funds. Subscription proceeds (644,816) Interest expense accrued but not paid reported in the statement of activities does not require the use of current financial resources and therefore is not reported as expenditures in governmental funds. (16,094) Change in net position of governmental activities $ 10,214,364 See Notes to Financial Statements 20 City of Meridian, Idaho Statement of Net Position—Proprietary Fund September 30, 2023 Enterprise Fund Water and Sewer Assets Current Assets Cash and cash equivalents $ 70,886,032 Investments 41,684,217 Receivables Accounts (net of$30,000 allowance for uncollectibles) 4,647,847 Current portion of long-term receivable 36,816 Interest 398,523 Prepaids 114,034 Total Current Assets 117,767,469 Noncurrent Assets Long-term notes receivable 264,394 Capital assets Land 6,249,313 Easements 20,126,576 Construction in progress 28,344,283 Buildings and improvements other than buildings 152,053,561 Sewer and water lines 279,166,333 Machinery and equipment 61,267,525 Less accumulated depreciation (166,672,857) Total Noncurrent Assets 380,799,128 Deferred outflow of resources Pension 3,176,856 Total Assets $ 501,743,453 See Notes to Financial Statements 21 City of Meridian, Idaho Statement of Net Position—Proprietary Fund September 30, 2023 Enterprise Fund Water and Sewer Liabilities and Net Position Current Liabilities Accounts payable $ 6,261,794 Accrued payroll and taxes 461,667 Accrued vacation -current portion 63,494 Customer deposits 1,185,061 Total Current Liabilities 7,972,016 Noncurrent Liabilities Accrued vacation - less current portion 571,450 Settlement payable 240,000 Pension payable 7,277,975 Advanced revenue 312,813 Total Noncurrent Liabilities 8,402,238 Deferred Inflow of Resources Pension - Total Deferred Inflow of Resources - Net Position Invested in capital assets 380,534,734 Unrestricted 104,834,465 Total Net Position 485,369,199 Total Liabilities and Net Position $ 501,743,453 See Notes to Financial Statements 22 City of Meridian, Idaho Statement of Revenues, Expenses, and Changes in Fund Net Position—Proprietary Fund Year Ended September 30, 2023 Enterprise Fund Water and Sewer Operating Revenues Charges for services Water sales $ 10,675,905 Sewer sales 19,479,698 Other service revenues 610,457 Sale of meters 626,592 Trash billing service 1,356,780 Engineering fees 296,700 Miscellaneous 5,323 Total Operating Revenues 33,051,455 Operating Expenses Personnel services 13,266,885 Other services and charges 4,122,332 Depreciation 14,412,618 Supplies 3,860,849 Heat, lights and power 1,922,099 Total Operating Expenses 37,584,783 Operating Loss (4,533,328) Nonoperating Revenues (Expenses) Interest revenue 3,857,400 Connection assessment fees and donations 20,990,845 Loss on sale of fixed assets (39,194) Net gain in fair value of investments 311,632 Total Nonoperating Revenues (Expenses) 25,120,683 Income before contributions and transfers 20,587,355 Donated waterlines and sewerlines 18,832,070 Operating transfers out (3,369,332) Change in Net Position 36,050,093 Net Position, Beginning of Year 449,319,106 Net Position, End of Year $ 485,369,199 See Notes to Financial Statements 23 City of Meridian, Idaho Statement of Cash Flows—Proprietary Fund Year Ended September 30, 2023 Enterprise Fund Water and Sewer Operating Activities Receipts from customers and users $ 33,051,455 Receipts from customers deposits (954,910) Payments to suppliers (9,196,125) Payments to employees (12,186,001) Net Cash from Operating Activities 10,714,419 Noncapital Financing Activities Non-cash unrealized gains 311,632 Operating transfer to general fund (3,369,332) Net Cash used for Noncapital Financing Activities (3,057,700) Capital and Related Financing Activities Connection assessment fees 20,990,845 Receipts from note receivable 48,034 Net acitivty for the acquisition and disposal of capital assets (19,134,770) Net Cash from Capital and Related Financing Activities 1,904,109 Investing Activities Sales of investments (1,240,817) Interest received 3,625,424 Net Change from Investing Activities 2,384,607 Net Change in Cash and Cash Equivalents 11,945,435 Cash and Cash Equivalents, Beginning of Year 58,940,597 $ 70,886,032 See Notes to Financial Statements 24 City of Meridian, Idaho Statement of Cash Flows—Proprietary Fund Year Ended September 30, 2023 Reconciliation of Operating Loss to Net Cash from Operating Activities Operating loss $ (4,533,328) Adjustments to reconcile operating loss to net cash from operating activities Depreciation 14,412,618 Pension expense 1,055,981 Changes in assets and liabilities Accounts receivable (167,635) Prepaid items 205,634 Accounts payable 671,156 Accrued payroll and taxes 24,901 Customer deposits (954,908) Net Cash from Operating Activities $ 10,714,419 Supplemental Disclosure of Cash Flow Information Developer and customer contributed sewer and water lines $ 18,832,070 See Notes to Financial Statements 25 City of Meridian, Idaho Statement of Fiduciary Net Position December 31, 2022 Employee Benefit Plan Trust Assets Cash $ 2,252,601 Rebates receivables 66,540 Prepaid expense 75,232 Total current assets 2,394,373 Liabilities Health claims incurred but not reported 398,015 Total liabilities 398,015 Fiduciary Net Position $ 1,996,358 See Notes to Financial Statements 26 City of Meridian, Idaho Statement of Changes in Fiduciary Net Position Year Ended December 31, 2022 Employee Benefit Plan Trust Additions Contributions Employer $ 6,839,934 Plan member 744,458 COBRA 70,101 Total contributions 7,654,493 Prescription rebates 301,861 Interest income 4,728 Total additions 7,961,082 Deductions Health claim benefits 6,270,790 Change in health claims incurred but not paid 3,507 Stop loss premiums 509,937 Administrative expenses 478,465 Total deductions 7,262,699 Change in Fiduciary Net Position 698,383 Fiduciary Net Position, Beginning of Year 1,297,975 Fiduciary Net Position, End of Year $ 1,996,358 See Notes to Financial Statements 27 City of Meridian, Idaho Notes to Financial Statements September 30, 2023 Note 1 - Summary of Significant Accounting Policies The City of Meridian, Idaho (the City) was incorporated August, 1903.The City operates under a mayor and council form of government and provides the following services as authorized by its charter; public safety(police and fire), community planning and development, parks and recreation,general administrative services, and water and sewer service. The accounting and reporting policies of the City relating to the funds included in the accompanying basic financial statements conform to generally accepted accounting principles applicable to state and local governments.The Governmental Accounting Standards Board (GASB) is the accepted standard setting body for establishing government accounting and financial reporting principles.The more significant of the City's accounting policies are described below. Financial Reporting Entity As required by generally accepted accounting principles,these basic financial statements present the City in conformance with GASB. Component units are organizations that are included in the reporting entity because of the significance of their operational or financial relationships with the City and are legally separate organizations for which the City is financially accountable.The component unit column in the combined financial statements is the financial data of the City's single component unit, the Meridian Development Corporation (MDC). MDC is a separate and distinct legal entity created by state statute.The directors of MDC are appointed by the Mayor and approved by the City Council. MDC promotes downtown development services for the citizens of the City. Complete financial statements can be obtained from the City of Meridian Division of Financial Management, 33 East Broadway Avenue, Meridian, Idaho. The City of Meridian Employee Benefit Plan Trust(the Trust) is reported as a Fiduciary Activity of the City. The Trust reports under GASB standards in the same manner as the City.The Trust uses a calendar year basis as its fiscal year and the most recent audited financial statements are presented as part of this financial statement (fiscal year ended December 31, 2022). Government-Wide and Fund Financial Statements The government-wide financial statements (i.e.,the statement of net position and the statement of activities) report information on all of the nonfiduciary activities of the primary government.The effect of interfund activity has been removed from these statements. Governmental activities, which normally are supported by taxes and intergovernmental revenues, are reported separately from business-type activities which rely,to a significant extent, on fees and charges for support. 28 City of Meridian, Idaho Notes to Financial Statements September 30, 2023 The statement of activities demonstrates the degree to which the direct expenses of a given function or segment is offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include; charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function or segment, grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment.Taxes and other items not properly included among program revenues are reported instead as general revenues. Separate financial statements are provided for governmental funds, proprietary funds and fiduciary funds. Major individual governmental funds and major individual enterprise funds are reported as separate columns in the fund financial statements. Measurement Focus, Basis of Accounting,and Financial Statement Presentation The government-wide financial statements are reported using the economic resources measurement focus and the accrual basis of accounting, as are the proprietary fund financial statements. Revenues are recorded when earned, and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. Governmental fund financial statements are reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose,the government considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments, are recorded only when payment is due. Property taxes,franchise taxes, licenses, and interest associated with the current fiscal period are all considered to be susceptible to accrual and so have been recognized as revenues of the current fiscal period. All other revenue items are considered to be measurable and available only when cash is received by the government. The City reports the following major governmental funds; General Fund-The General Fund is the general operating fund of the City. It is used for all financial resources except those required to be accounted for in another fund. Capital Projects Fund-The Capital Projects Fund is used to account for financial resources to be used for the acquisition or construction of major capital facilities (other than those financed by proprietary funds). 29 City of Meridian, Idaho Notes to Financial Statements September 30, 2023 The City reports the following major proprietary fund; Enterprise Fund—The Enterprise Fund is used to account for water, sewer, and trash operations financed and operated in a manner similar to private business.The intent of the governing body is that costs (expenses, including depreciation) of providing goods or services to the general public on a continuing basis be financed or recovered primarily through user charges.Additionally,the governing body may have decided that periodic determination of revenues earned, expenditures incurred, and/or net income is appropriate for capital maintenance, public policy, management control, accountability or other purposes. The City reports the following other fund types; Fiduciary Fund—The Employee Benefit Plan Trust is used to account for the City's self-insured health insurance. Plan assets are dedicated to providing health benefits to current employees. As a general rule,the effect of inter-fund activity has been eliminated from the government-wide financial statements. Exceptions to this general rule are charges between various functions of the government when elimination of these charges would distort the direct costs and program revenues reported for the various functions concerned. Amounts reported as program revenues include: 1) charges to customers or applicants for goods, services, or privileges provided, 2) operating grants and contributions, and 3) capital grants and contributions, including special assessments. Internally dedicated resources are reported as general revenues rather than as program revenues. Proprietary funds distinguish operating revenues and expenses from non-operating items. Operating revenues and expenses generally result from providing services and products and delivering goods in connection with a proprietary fund's principal ongoing operations.The principal operating revenues of the City's enterprise funds are charges for services to customers for water and sewer sales and services. Operating expenses for enterprise funds include the cost of sales and services, administrative expenses, and depreciation on capital assets.All revenues and expenses, such as fees property owners pay to connect to the utility system, not meeting this definition are reported as non-operating revenues and expenses. Cash and Cash Equivalents For purposes of the statement of cash flows,the City considers all highly liquid investments with a maturity of three months or less when purchased to be cash equivalents. Property Taxes Receivable Within the governmental fund financial statement, property taxes are recognized as revenue when the amount of taxes levied is measurable, and proceeds are available to finance current period expenditures. 30 City of Meridian, Idaho Notes to Financial Statements September 30, 2023 Available tax proceeds include property tax receivables expected to be collected within sixty days after year end. Property taxes attach as liens on properties on January 1, and are levied in September of each year.Tax notices are sent to taxpayers during November, with tax payments scheduled to be collected on or before December 20. Taxpayers may pay all or one half of their tax liability on or before December 20, and if one half of the amount is paid, they may pay the remaining balance by the following June 20. Since the City is on a September 30 fiscal year end, property taxes levied during September for the succeeding year's collection are recorded as deferred inflow of resources at the City's year end and recognized as revenue in the following fiscal year.Ada County bills and collects taxes for the City. Customer Services Receivable Amounts owed to the City for customer services are due from area residents and businesses and relate to water, sewer and trash services provided by the City.The receivable is reported net of an allowance for uncollectible accounts. An allowance is reported when accounts are proven to be uncollectible.The allowance for uncollectible accounts was$30,000 as of September 30, 2023. Deposits and Prepaid Expenses Deposits and prepaid expenses consist of deposits paid by developers for various improvements as well as payments to vendors that reflect costs applicable to future accounting periods and are reported as prepaid expenses. Capital Assets Capital assets, which include property, plant, equipment and infrastructure assets (e.g., parks, wells, water and sewer lines and similar items) are reported in the applicable governmental or business-type activities columns in the government-wide financial statements. Capital assets are defined by the government as assets with an initial individual cost of$50,000 and over for machinery and equipment, $100,000 for intangibles, $250,000 and over for buildings, land improvements, and infrastructure, and an estimated useful life in excess of three years. Land acquisitions regardless of cost are recorded as capital assets.All material fixed assets are valued at cost. Donated fixed assets are valued at their acquisition value on the date donated. GASB requires the City capitalize and report intangible assets which includes the City's easement amounts.To value easements,the City uses the summation method, which closely looks at the impact of an easement on the total property value.The percentages agreed to are 26%for sewage and 10%for subsurface, resulting in an average easement assessment percentage of 18%. 31 City of Meridian, Idaho Notes to Financial Statements September 30, 2023 Depreciation is recorded by use of the straight-line method.The book value of each asset is reduced by equal amounts over its estimated useful life as follows: Estimated Useful Life (Years) Buildings 30 Sewer plant 25 Sewer and water lines 50 Improvements other than buildings 10-50 Equipment and software 5-20 Public domain infrastructure 25 Maintenance, repairs, and minor renewals are charged to operations as incurred. When an asset is disposed of, accumulated depreciation is deducted from the original cost and any gain or loss arising from its disposal is credited or charged to operations. Major outlays for capital assets and improvements are capitalized as projects are constructed. Interest costs incurred during construction of capital assets of business-type activities are capitalized when they are material. No interest costs were included as part of the cost of capital assets under construction in the current year. As of September 30, 2023, no capital assets were considered to be impaired, and no impairment loss was recognized for the year ended September 30, 2023. Subscription Based Information Technology Arrangements(SBITA) Right to use subscription IT assets are recognized at the subscription commencement date and represent the City's right to use the underlying IT asset for the subscription term. Right to use subscription IT assets are measured in the initial value of the subscription liability plus any payments made to the vendor at the commencement of the subscription term, less any subscription incentives received from the vendor at or before the commencement of the subscription term, plus any capitalizable initial implementation costs necessary to place the subscription asset into service. Right to use subscription IT assets are amortized over the shorter of the subscription term or useful life of the underlying asset using the straight-line method.The amortization periods range from 3-5 years. Vacation Payable The City provides vacation and sick leave to its full-time employees. Earned vacation is paid to employees when taken or paid to employees or beneficiaries upon the employees' termination, retirement or death. The City does not pay earned sick pay upon the employees' termination, retirement or death for non-union employees. The Fire Department union members are paid ten percent of their sick leave accrual upon the employees' voluntary termination, 25% upon employees' retirement, and 100% upon employees' death.The amount of unused vacation accumulated by City employees is accrued as an expense when incurred in the Proprietary Fund, which uses the accrual basis of accounting. In the Governmental Funds, only the amount that normally 32 City of Meridian, Idaho Notes to Financial Statements September 30, 2023 would be liquidated with expendable available financial resources is accrued as current year expenditures. Unless it is anticipated that compensated absences will be used in excess of a normal year's accumulation, no additional expenditures are accrued. Subscription Based Information Technology Arrangements (SBITA) Subscription Liabilities represent the City's obligation to make subscription payments arising from the subscription contract. Subscription liabilities are recognized at the subscription commencement date based on the present value of future subscription payments expected to be made during the subscription term.The present value of the subscription payments are discounted on a borrowing rate determined by the City. Deferred Outflows/Inflows of Resources The statement of net position includes a separate section for deferred outflows of resources.The separate financial statement element represents a consumption of net position that applies to future period(s) and will not be recognized as an outflow of resources (expense) until then.The City's deferred outflow of resources is its pension obligation.The pension obligation is the difference between projected and actual investment earnings, the changes in assumptions, the change the City's proportionate share of the City's net pension liability, and the contributions subsequent to the measurement date of the City's net pension liability. In addition to the liabilities,the statement of net position includes a separate section for deferred inflows of resources.This separate financial statement element represents an acquisition of net position that applies to future period(s) and will not be recognized as an inflow of resources (revenue) until then.The City has two items that currently qualify for reporting in the category:the deferred pension obligation and amounts relating to the opioid settlement.The employer deferred pension obligation results from the difference between the expected and actual experience of the pension plan and the net difference between projected and actual investment earnings on the pension plan investments. Opioid settlement amounts are recognized as a deferred inflow of resources until such time an eligible expenditure is incurred. Advanced Revenue The City reports advanced revenues on its Statement of Net Position and Fund Balance Sheet. Advanced revenues arise when resources are received by the City before it has a legal claim to them, as when grant monies are received prior to the occurrence of qualifying expenditures. In subsequent periods, when the City has a legal claim to the resources,the liability for advanced revenue is removed from the balance sheet and the revenue is recognized. Pensions For purposes of measuring the net pension liability and pension expense offset, information about the fiduciary net position of the Public Employee Retirement System of Idaho Base Plan (Base Plan) and additions to/deductions from the Base Plan's fiduciary net position have been determined on the same basis as they are reported by the Base Plan. For this purpose, benefit payments (including refunds of employee contributions) are recognized when due and payable in accordance with the benefit terms. Investments are reported at fair value. 33 City of Meridian, Idaho Notes to Financial Statements September 30, 2023 Net Position For government-wide reporting as well as in the proprietary fund, the difference between assets and deferred outflows of resources less liabilities and deferred inflows or resources is called net position. Net position is comprised of three components: investment in capital assets, restricted and unrestricted. Net investment in capital assets—consists of capital assets, net of accumulated depreciation and liability amounts relating to the subscription liabilities. Restricted net position—consists of restricted assets reduced by liabilities and deferred inflows of resources related to those assets, if applicable.Assets are reported as restricted when constraints are placed on asset use either by external parties or by law through constitutional provision or enabling legislature. Unrestricted net position—consists of the net amount of the assets, deferred outflows of resources, liabilities, and deferred inflows of resources that does not meet the definition of the two preceding categories. The City may fund outlays for a particular purpose from both restricted and unrestricted sources. In order to calculate the amounts to report as restricted net position and unrestricted net position in the government-wide and proprietary fund financial statements, as flow assumption must be made about the order in which the resources are considered to be applied. It is the City's policy to consider restricted net position to have been depleted before unrestricted net position is applied. Fund Balances Fund balance of governmental funds is reported in various categories based on the nature of any limitation requiring the use for specific purposes. Fund balances in the governmental balance sheet are categorized as follows: Non-spendable-when the resources cannot be spent because they are either legally or contractually required to be maintained intact, or are in a non-spendable form such as inventories, prepaid accounts, and assets held for resale. Restricted-when the constraints placed on the use of resources are either: (a) externally imposed by creditors, grantors, contributors, or laws or regulations of other governments: or(b) imposed by law through constitutional provisions or enabling legislation. Committed-when the City Council passes an ordinance or resolution that places specific constraints on how the resources may be used.The City Council can modify or rescind the ordinance or resolution at any time through passage of an additional ordinance or resolution, respectively. Assigned-when it is intended for a specific purpose and the authority to "assign" is delegated to the City's Chief Financial Officer. Unassigned-fund balance is the residual classification for the General Fund. This classification represents fund balance that has not been restricted, committed, assigned, or deemed as non-spendable within the General Fund.This classification is also used to report any negative fund balance amounts in other governmental funds. 34 City of Meridian, Idaho Notes to Financial Statements September 30, 2023 The City Council adopted a Fund Balance Policy that establishes a practice of reserving four months of the current year budget of personnel and recurring annual operating costs as minimum fund balance needed to ensure sufficient cash flow to meet the City's obligations.This reserve will be in the unassigned fund balance. This policy also recommends a spending order of restricted, committed, assigned and then unassigned unless Council approves otherwise. Risk Management The City is exposed to various risks of loss related to theft of, damage to, or destruction of assets.The City participates in a public entity risk pool, Idaho Counties Risk Management Pool (ICRMP), for liability, medical and disability insurance.The City's exposure to loss from its participation in ICRMP is limited only to the extent of their deductible. Estimates The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and reported amounts of revenues and expenditures or expenses during the reporting period. Actual results could differ from those estimates. Implementation of GASB Statement No.96 As of October 1, 2022,the City adopted GASB Statement No. 96,Subscription-Based Information Technology Arrangements(SBITAs). The implementation of this standard establishes that a SBITA results in a right to use subscription IT asset-an intangible asset—and a corresponding liability.The standard provides the capitalization criteria for outlays other than subscription payments, including implementation costs of a SBITA.The statement requires recognition of certain SBITA assets and liabilities for SBITAs that previously were recognized as outflows or resources based on the payment provision of the contract.As a result of implementing this standard the City recognized a right to use a subscription asset and subscription liability of$644,816 as of September 30,2023.As a result of these adjustments there was no effect on beginning net position.The additional disclosures required by this standard are included in Note 5. 35 City of Meridian, Idaho Notes to Financial Statements September 30, 2023 Note 2- Cash and Investments Cash and investments as of September 30, 2023 are classified in the accompanying financial statements as follows: Cash and cash equivalents $ 141,642,396 Cash and cash equivalents- restricted 18,045,809 Total cash and cash equivalents $ 159,688,205 Investments $ 66,729,526 Investments - restricted 2,191,997 Total Investments $ 68,921,523 Cash -fiduciary activities $ 2,252,601 Total cash -fiduciary activities $ 2,252,601 Investments Authorized by the State of Idaho and the City of Meridian's Investment Policy Investment types that are authorized for the City of Meridian by the Idaho Code and the City's investment policy are as follows: 1. Local, State and U.S. Agency Bonds 2. U. S.Agency Securities 3. Certificates of Deposit The City also participates in the State of Idaho Local Investment Pool (LGIP) and the State of Idaho Diversified Bond Fund (DBF). Both the LGIP and the DBF are regulated by Idaho Code under the oversight of the Treasurer of the State of Idaho.The Pools are not registered with the Securities and Exchange Commission or any other regulatory body.The State Treasurer does not provide any legally binding guarantees to support the value of the shares to participants. The LGIP is a low risk investment pool with high liquidity.Therefore, the City's investment in the pool is reported as a cash equivalent in the accompanying financial statements as it does not meet the definition of an investment.The LGIP is not currently rated by a nationally recognized rating agency.The funds are invested in short-term investments in the priority order of safety, liquidity, and yield. 36 City of Meridian, Idaho Notes to Financial Statements September 30, 2023 The DBF invests in longer term investment vehicles with higher returns over time than the LGIP.The DBF is not currently rated by a nationally recognized rating agency. However, the investment guidelines require that funds be invested in high quality securities that provide a high level of return, with a reasonable level of risk while meeting or exceeding the Barclay's Capital Intermediate A+Aggregate Fixed Income Index.The City invests money in the DBF that it does not expect to need within the next three to five years.The City's investment in the DBF is reported based on its pro-rata share of the fair market value provided by the fund for the entire portfolio. Fair Value Hierarchy Investments are measured at fair value on a recurring basis. Recurring fair value measurements are those that GASB Statements require or permit in the statement of net position at the end of each reporting period. Fair value measurements are categorized based on the valuation inputs used to measure an asset's fair value. The following provides a summary of the hierarchy used to measure fair value. • Level 1—Inputs are quoted prices in active markets for identical assets. • Level 2— Inputs other than quoted prices included within Level 1 that are observable for the asset or liability either directly or indirectly, including quoted prices for similar assets or liabilities. • Level 3—Valuations derived from valuation techniques in which significant valuation drivers are observable. The City's investment at September 30, 2023 are valued using the net assets value (NAV) per share, as noted below. Investments valued using the NAV generally do not have readily obtainable market values and are instead valued based on the City's pro-rata share of the pool's fair value of the underlying assets. Investments measured at the net asset value (NAV) State of Idaho Diviserfied Bond Fund (DBF) $ 68,921,523 Total investments at NAV $ 68,921,523 Oversight for the Diversified Bond Fund is with the Idaho State Treasurer and Idaho Code, which defines allowable investments. In general,the investment guidelines require that funds be invested in high quality securities in a manner that provides higher total return than the shorter pools given a reasonable level of risk measured over a long period. Securities in DBF are shared positions valued at current market values.The City values these investments based on information provided by the State of Idaho Treasurer's Office.The following table presents the unfunded commitments, redemption frequency and the redemption notice period for the City's investments measured at the NAV: Investments Measured at the NAV Unfunded Redemption Redemption Fair Value Commitments Frequency Notice Period State of Idaho Diviserfied Bond Fund (DBF) $ 68,921,523 None Monthly 5-25 days 37 City of Meridian, Idaho Notes to Financial Statements September 30, 2023 Interest Rate Risk Interest rate risk is the risk that changes in market interest rates will adversely impact the fair value of an investment. Generally, the longer the maturity of an investment,the greater the sensitivity of its fair value to changes in market interest rates.This risk can be managed using a calculation called duration that uses various inputs such as yield and years until maturity to estimate interest rate risk. Generally,the higher the duration number,the higher the risk.The City manages exposure to interest rate risk by purchasing a combination of long and short-term investments.The City manages the portfolio so it is not necessary to sell securities before maturity.The City's policy does not limit the duration of the investments. Investment Type Fair Value Rating Duration Idaho Diversified Bond Fund (DBF) $ 68,921,523 not rated 2.86 Idaho Local Government Investment Pool (LGIP) 143,036,392 not rated 0.33 years Money market funds 2,753,419 not rated Other cash amounts 13,898,394 Total cash and investments $ 228,609,728 Credit Risk Generally, credit risk is the risk that an issuer of an investment will not fulfill its obligation to the holder of the investment.This is measured by the assignment of a rating by a nationally recognized statistical rating organization. The City's investment policy is consistent with the State Code related to credit risk. Concentration of Credit Risk When investments are concentrated in one issuer this concentration represents increased risk of potential loss. The GASB has adopted a principal that governments should provide note disclosure when five percent of the entity's total investments are concentrated in any one issuer. Investments in obligations specifically guaranteed by the U.S. Government, mutual funds, and other pooled investments are exempt from disclosure.The City's investment policy has no limitations on the amount that can be invested in any one issuer. Other than State Investment Pools, no single issuer exceeded 5% or more of the City's total investments. Custodial Credit Risk Custodial credit risk for deposits is the risk that, in the event of the failure of a depository financial institution, a government will not be able to recover its deposits or will not be able to recover collateral securities that are in possession of an outside party.The custodial credit risk for investments is the risk that in the event of the failure of the counterparty(e.g. broker-dealer)to a transaction, a government will not be able to recover the value of its investment or collateral securities that are in the possession of another party. 38 City of Meridian, Idaho Notes to Financial Statements September 30, 2023 At year end,the carrying amount of the City's cash deposits was$159,688,206 and the bank balance was $160,076,622. Of the bank balance $250,000 was covered by federal depository insurance, $2,753,419 was collateralized with securities held at the Federal Home Bank of Seattle for First Interstate Bank and pledged to the City of Meridian, $143,036,392 was held by the State of Idaho Local Group Investment Pool, and the remainder of the City's deposits of$14,224,193 with First Interstate Bank are secured in an undivided collateral pool for public agencies. It is the City's policy to minimize exposure to custodial credit risk with investments by requiring that to the extent possible they be identified as to City of Meridian ownership and be held in the City's name.The City further reduces risk by confining investments to insured levels in any one institution. Note 3 - Due from Other Governmental Units The following summarizes the intergovernmental receivables at September 30, 2023: State of Idaho State Liquor Dispensary $ 413,105 State Tax Commission 3,677,990 Idaho Transportation Department 11,900 Idaho Attorney General 49,254 Federal agencies 209,870 Other Governmental Agencies West Ada School District 3,313 Meridian Rural Fire District 397,985 Ada County 110,326 Total Due from Other Governmental Units $ 4,873,743 Note 4- Note Receivable In December 2014,the City entered into an agreement to annex the homes in a subdivision outside of city limits and provide them with water and sewer service.The subdivision had a utility district, Meridian Heights Water and Sewer District (MHWSD),which was dissolved in December 2014 upon approval from the District Court.All assets and liabilities of MHWSD were transferred to the City at that time, including MHWSD's debt of $1,280,294,which is being repaid to the City by the former members of MHWSD over a period of 20 years at an interest rate of 3.5%as follows: Beginning Balance Interest and Ending Balance as of Oct 1, 2022 Adjustments Payments as of Sep 30, 2023 Long-term note receivable $ 349,244 $ 11,786 $ (59,820) $ 301,210 39 City of Meridian, Idaho Notes to Financial Statements September 30, 2023 The following represents future expected receipts from the note receivable amount: Fiscal Years Annual Payment 2024 $ 36,816 2025 36,816 2026 36,816 2027 36,816 2028 36,816 2029- 2031 117,130 Total $ 301,210 40 City of Meridian, Idaho Notes to Financial Statements September 30, 2023 Note 5 - Capital Assets Changes to capital assets are as follows: Balance Balance Governmental Activities Oct. 1, Sept.30, 2022 Additions Deletions Transfers 2023 Capital assets, not depreciated Land $ 30,305,124 $ - $ $ $ 30,305,124 Easements 749,317 82,847 832,164 Construction in progress 16,064,385 16,148,292 (4,662,766) 27,549,911 Total capital assets, not depreciated 47,118,826 16,231,139 (4,662,766) 58,687,199 Capital assets,depreciated Buildings 53,316,583 10,528,284 4,114,683 67,959,550 Improvements other than buildings 53,763,373 919,179 367,055 55,049,607 Internally developed software 514,166 - - 514,166 Equipment 21,210,982 4,174,656 181,453 181,028 25,385,213 Total capital assets,depreciated 128,805,104 15,622,119 181,453 4,662,766 148,908,536 Less accumulated depreciation for Buildings 18,912,698 1,871,504 - - 20,784,202 Improvements other than buildings 24,215,022 2,517,579 26,732,601 Internally developed software 330,792 92,769 - 423,561 Equipment 14,703,517 1,857,555 181,453 16,379,619 Total accumulated depreciation 58,162,029 6,339,407 181,453 64,319,983 Total net capital assets,depreciated 70,643,075 9,282,712 - 84,588,553 Governmental activities capital assets, net $117,761,901 $ 25,513,851 $ - $ $143,275,752 41 City of Meridian, Idaho Notes to Financial Statements September 30, 2023 Balance Balance Business-Type Activities Oct. 1, Sept.30, 2022 Additions Deletions Transfers 2023 Capital assets, not depreciated Land $ 6,249,313 $ - $ - $ - $ 6,249,313 Easements 10,087,701 10,038,875 - - 20,126,576 Construction in progress 20,163,489 15,172,988 - (6,992,194) 28,344,283 Total capital assets, not depreciated 36,500,503 25,211,863 - (6,992,194) 54,720,172 Capital assets, depreciated Buildings and improvements other than buildings 152,053,561 - - - 152,053,561 Sewer and water lines 265,371,587 11,924,473 31,315 1,901,588 279,166,333 Machinery and equipment 55,367,506 822,625 13,212 5,090,606 61,267,525 Total capital assets,depreciated 472,792,654 12,747,098 44,527 6,992,194 492,487,419 Less accumulated depreciation for Buildings and improvements other than buildings 54,253,186 6,810,039 - - 61,063,225 Sewer and water lines 64,496,104 5,495,363 - - 69,991,467 Machinery and equipment 33,524,161 2,107,216 13,212 - 35,618,165 Total accumulated depreciation 152,273,451 14,412,618 13,212 - 166,672,857 Total net capital assets,depreciated 320,519,203 (1,665,520) 31,315 6,992,194 325,814,562 Business-type activities capital assets, net $357,019,706 $23,546,343 $ 31,315 $ - $380,534,734 Depreciation expense was charged to functions/programs of the City as follows: Governmental activities General government $ 1,374,040 Public safety 2,157,773 Parks and recreation 2,807,594 Total depreciation expense -governmental activities $ 6,339,407 Business-type activities Water and Sewer $ 14,412,618 Total depreciation expense - business-type activities $ 14,412,618 42 City of Meridian, Idaho Notes to Financial Statements September 30, 2023 Subscription-Based Information Technology Arrangements(SBITA's) The City has entered into three SBITA contracts for fleet management and office software.The City is required to make principal and interest payments through September 2025.The SBITA contracts have interest rates between 5.95%and 5.99%. Restated Balance Balance Oct. 1, Sept.30, 2022 Additions Deletions Transfers 2023 Right to use Subscription IT Assets Being Amortized $ 644,816 $ - $ $ $ 644,816 Less Accumulated Amortization - (270,694) (270,694) Net right to use subscription IT assets $ 644,816 $ (270,694) $ $ $ 374,122 Amortization expense for the year ended September 30, 2023 was charged to the following functions/programs: Administration $ 270,694 Total amortization expense $ 270,694 Note 6- Interfund Balances and Transfers The following transfers were made for the purpose of funding operations: Transfer In Capital General Projects Fund Fund Total Transfer out General fund $ - $ 3,647,538 $ 3,647,538 Enterprise fund 3,369,332 - 3,369,332 Total transfers $ 3,369,332 $ 3,647,538 $ 7,016,870 The transfer from the enterprise fund to the general fund was related to personnel and operating costs that were paid by the general fund during FY2023.The transfer from the general fund to the capital projects fund includes$3,647,538 from the excess of building permit revenues from prior year. 43 City of Meridian, Idaho Notes to Financial Statements September 30, 2023 Note 7- Changes in Long-Term Obligations The following is a summary of changes in long-term obligations of the City for the year ended September 30, 2023: Restated Due Balance Obligation Obligation Balance Within Oct.1,2022 Issued Retired Sept.30,2023 One Year Governmental Activities Accrued vacation $ 3,452,370 $ 4,187,515 $ 3,819,283 $ 3,820,602 $ 477,559 Right to use subscription IT liability 644,816 - (332,030) 312,786 312,786 $ 4,097,186 $ 4,187,515 $ 3,487,253 $ 4,133,388 $ 790,345 Business-Type Activities Accrued vacation $ 553,683 $ 598,193 $ 516,932 $ 634,944 $ 63,493 Settlement payable 240,000 - - 240,000 240,000 $ 793,683 $ 598,193 $ 516,932 $ 874,944 $ 303,493 Note 8- Fund Balances—Governmental Funds Balance Balance Oct. 1, 2022 Net Change Sept. 30, 2023 Fund Balances Nonspendable Prepaids $ 4,464,938 $ (4,421,535) $ 43,403 Inventory for Lakeview Golf Course 67,861 25,908 93,769 Restricted Impact fund 6,656,787 10,022,146 16,678,933 Impact fund budget carryforward 15,364,327 (12,217,133) 3,147,194 Grant fund 1,289 (2) 1,287 Committed Capital projects fund 4,396,639 6,099,397 10,496,036 Capital projects budget carryforward 13,192,326 (10,676,740) 2,515,586 Public safety fund 3,786,381 2,244,088 6,030,469 Public safety budget carryforward 734,164 (734,164) - Assigned General fund budget carryforward 13,317,267 (4,215,749) 9,101,518 Capital Improvement Plan 16,000,000 4,000,000 20,000,000 Comm. Dev. excess revenue transfer 3,671,538 472,588 4,144,126 Operating reserve 20,986,188 (1,600,076) 19,386,112 Emergency reserve 4,840,878 1,386,994 6,227,872 Unassigned 1,351,496 1,012,473 2,363,969 Total fund balances $ 108,832,079 $ (8,601,805) $ 100,230,274 44 City of Meridian, Idaho Notes to Financial Statements September 30, 2023 Note 9- Defined Benefit Pension Plan Plan Description The City contributes to the Base Plan which is a cost-sharing multiple-employer defined benefit pension plan administered by Public Employee Retirement System of Idaho (PERSI or System) that covers substantially all employees of the State of Idaho, its agencies and various participating political subdivisions.The cost to administer the plan is financed through the contributions and investment earnings of the plan. PERSI issues a publicly available financial report that includes financial statements and the required supplementary information for PERSI.That report may be obtained on the PERSI website at www.persi.idaho.gov. Pension Benefits The Base Plan provides retirement, disability, death and survivor benefits of eligible members or beneficiaries. Benefits are based on members' years of service, age, and highest average salary. Members become fully vested in their retirement benefits with five years of credited service (5 months for elected or appointed officials). Members are eligible for retirement benefits upon attainment of the ages specified for their employment classification.The annual service retirement allowance for each month of credited service is 2%(2.3%for police/firefighters) of the average monthly salary for the highest consecutive 42 months. The benefit payments for the Base Plan are calculated using a benefit formula adopted by the Idaho Legislature. The Base Plan is required to provide a 1% minimum cost of living increase per year provided the Consumer Price Index increases 1%or more.The PERSI Board has the authority to provide higher cost of living increases to a maximum of the Consumer Price Index movement or 6%, whichever is less; however, any amount above the 1% minimum is subject to review by the Idaho Legislature. Member and Employer Contributions Member and employer contributions paid to the Base Plan are set by statute and are established as a percent of covered compensation. Contribution rates are determined by the PERSI Board within limitations, as defined by state law.The Board may make periodic changes to employer and employee contribution rates (expressed as percentages of annual covered payroll) that are adequate to accumulate sufficient assets to pay benefits when due. The contribution rates for employees are set by statute at 60%of the employer rate for general employees and 72%for police and firefighters.As of June 30, 2023, it was 7.16%for general employees and 9.13%for police and firefighters.The employer contribution rate as a percent of covered payroll is set by the Retirement Board and was 11.94%for general employees and 12.28%for police and firefighters. On July 1, 2023, the rate decreased for general employees to 6.71%and the rate for police and fire increased to 9.83%. For employer contributions, on July 1, 2023,the employer contribution rate decreased for general employees to 11.18%and increased for police and fire to 13.26%.The City's contributions were $5,664,471 for the year ended September 30, 2023. 45 City of Meridian, Idaho Notes to Financial Statements September 30, 2023 Pension Liabilities(Assets), Pension Expense(Expense Offset), and Deferred Outflows of Resources and Deferred Inflows of Resources Related to Pensions At September 30, 2023,the City reported a liability its proportionate share of the net pension liability (asset). The net pension liability (asset) was measured as of June 30, 2023, and the total pension liability (asset) used to calculate the net pension liability(asset) was determined by an actuarial valuation as of that date.The City's proportion of the net pension liability(asset) was based on the City's share of contributions in the Base Plan pension plan relative to the total contributions of all participating PERSI Base Plan employers.At June 30, 2023, the City's proportion was 1.07279264 percent compared to 0.99154416 percent at June 30, 2022. For the year ended September 30, 2023,the City recognized pension expense of$6,755,344.At September 30, 2023,the City reported deferred outflows of resources and deferred inflows of resources related to pensions from the following sources: Deferred Deferred Outflows of Inflows of Resources Resources Differences between expected and actual experience $ 7,338,236 $ - Changes in assumptions or other inputs 4,239,252 - Net difference between projected and actual earnings on pension plan investments 4,018,500 - Changes in the employer's proportion and differences between the employer's contributions and the employer's proportionate 1,625,611 - City contributions subsequent to the measurement date 1,465,785 - Total $ 18,687,384 $ - The City reported $1,465,785 as deferred outflows of resources related to the pension resulting from Employer contributions subsequent to the measurement date and will be recognized as a reduction of the net pension asset in the year ending September 30, 2024. The average of the expected remaining service lives of all employees that are provided with pensions through the System (active and inactive employees) determined at July 1, 2022,the beginning of the measurement period ended June 30, 2023, is 4.4 years. 46 City of Meridian, Idaho Notes to Financial Statements September 30, 2023 Other amounts reported as deferred outflows of resources and deferred inflows of resources related to pensions will be recognized in pension expense (expense offset) as follows: Years Ended September 30, 2024 $ 6,174,368 2025 3,088,173 2026 8,477,766 2027 (518,708) Components of Net Pension Liability The net pension liability is calculated using a discount rate of 6.35%, which is the expected rate of return on investments reduced by investment expenses.The net pension liability was determined by an actuarial valuation as of July 1, 2023, applied to all prior periods included in the measurement. Actuarial valuation involves estimates of the reported amounts and assumptions about the probability of occurrence of events far into the future. Amounts determined regarding the net pension asset are subject to continual revision as actual results are compared with past expectations and new estimates are made about the future. Economic assumptions were studied in an experience study performed for the period 2015 through 2020. Demographic assumptions, including mortality were studied for the period 2015 through 2020. Actuarial Assumptions Valuations are based on actuarial assumptions, the benefit formulas, and employee groups. Level percentages of payroll normal costs are determined using the Entry Age Normal Cost Method. Under the Entry Age Normal Cost Method, the actuarial present value of the projected benefits of each individual included in the actuarial valuation is allocated as a level percentage of each year's earnings of the individual between entry age and assumed exit age.The Base Plan amortizes any unfunded actuarial accrued liability based on a level percentage of payroll.The maximum amortization period for the Base Plan permitted under Section 59-1322, Idaho Code, is 25 years. The total pension liability (asset) in the June 30, 2023 actuarial valuation was determined using the following actuarial assumptions, applied to all periods included in the measurement: Inflation 2.30 Salary increases, including inflation 3.05 Investment rate of return 6.35%, net of pension plan investment expenses Cost-of-living(COLA) adjustments 1.00 Several different sets of mortality rates are used in the valuation for contributing members, members retired for service and beneficiaries.These rates were adopted for the valuation dated July 1, 2021. 47 City of Meridian, Idaho Notes to Financial Statements September 30, 2023 Contributing Members, Service Retirement Members, and Beneficiaries General Employees and All Beneficiaries-Males Pub-2010 General Tables, increased 11%. General Employees and All Beneficiaries-Females Pub-2010 General Tables, increased 21%. Teachers-Males Pub-2010 Teacher Tables, increased 12%. Teachers-Females Pub-2010 Teacher Tables, increased 21%. Fire& Police-Males Pub-2010 Safety Tables, increased 21%. Fire& Police-Females Pub-2010 Safety Tables, increased 26%. 5%of Fire and Police active member deaths are assumed to be duty related.This assumption was adopted July 1, 2021. Disabled Members- Males Pub-2010 Disabled Tables, increased 38%. Disabled Members- Females Pub-2010 Disabled Tables, increased 36%. The long-term expected rate of return on pension plan investments was determined using the building block approach and a forward-looking model in which best estimate ranges of expected future real rates of return (expected returns, net of pension plan investment expense and inflation) are developed for each major asset class.These ranges are combined to produce the long-term expected rate of return by weighing the expected future real rates of return by the target asset allocation percentage and by adding expected inflation. Even though history provides a valuable perspective for setting the investment return assumption,the System relies primarily on an approach which builds upon the latest capital market assumptions.The assumptions and the System's formal policy for asset allocation are shown below.The formal asset allocation policy is somewhat more conservative than the current allocation of PERSI's assets.The best-estimate range for the long-term expected rate of return is determined by adding expected inflation to expected long-term real returns and reflecting expected volatility and correlation. Long-Term Expected Real Asset Class Target Allocation Rate of Return Cash 0.00% 0.00% Large Cap 18.00% 4.50% Small/Mid Cap 11.00% 4.70% International Equity 15.00% 4.50% Emerging Markets Equity 10.00% 4.90% Domestic Fixed 20.00% -0.25% TIPS 10.00% -0.30% Real Estate 8.00% 3.75% Private Equity 8.00% 6.00% 48 City of Meridian, Idaho Notes to Financial Statements September 30, 2023 Discount Rate The discount rate used to measure the total pension liability(asset) was 6.35%.The projection of cash flows used to determine the discount rate assumed that contributions from plan members will be made at the current contribution rate. Based on these assumptions,the pension plans' net position was projected to be available to make all projected future benefit payments of current plan members.Therefore,the long-term expected rate of return on pension plan investments was applied to all periods of projected benefit payments to determine the total pension liability(asset).The long-term expected rate of return was determined net of pension plan investment expense but without reduction for pension plan administrative expense. Sensitivity of The Employer's Proportionate Share of The Net Pension Liability(Asset) To Changes In The Discount Rate. The following presents the Employer's proportionate share of the net pension liability(asset) calculated using the discount rate of 6.35 percent, as well as what the Employer's proportionate share of the net pension liability (asset) would be if it were calculated using a discount rate that is 1-percentage-point lower (5.35 percent) or 1- percentage-point higher(7.35 percent) than the current rate: 1% Decrease Current Discount 1% Increase (5.35%) Rate (6.35%) (7.35%) Employer's proportionate share of the net pension liability (asset) $ 76,998,461 $ 42,811,620 $ 14,870,288 Pension Plan Fiduciary Net Position Detailed information about the pension plan's fiduciary net position is available in the separately issued PERSI financial report. PERSI issues a publicly available financial report that includes financial statements and the required supplementary information for PERSI.That report may be obtained on the PERSI website at www.persi.idaho.gov. Payables to The Pension Plan At September 30, 2023,the City reported payables to the defined benefit pension plan of$502,769 for legally required employer contributions and $342,815 for legally required employee contributions which had been withheld from employee wages but not yet remitted to PERSI. 49 City of Meridian, Idaho Notes to Financial Statements September 30, 2023 Note 10 - Other Commitments The City had the following commitments at September 30, 2023: Commitments Amount Buildings &Structures $ 6,913,581 Parks/Pathways Construction & Improvements 3,372,933 Wastewater Treatment Plant Improvements 16,497,117 Water/Sewer Line Improvements 5,003,044 Well Improvements 10,111,056 Total Commitments $ 41,897,731 Note 11 - Contingent Liabilities The City has been named as a defendant in various legal actions,the results of which are not presently determinable, except as described below. However, in the opinion of the City Attorney,the amount of losses that might be sustained, if any, would not materially affect the City's financial position. Under the terms of federal and state grants, periodic audits are required and certain costs may be questioned as not being appropriate expenditures under the terms of the grants. Any disallowed claims, including amounts already collected, could become a liability of the City. City management believes disallowances, if any,will not be material. In 2006,the City entered into an agreement with a developer to jointly provide water and sewer services for a subdivision under development (Bittercreek Meadows Subdivision Homeowners Association), outside the City limits.The developer put in a well and turned it over to the City so that homeowners could connect to the City water system. Since the development did not grow beyond 24 lots the City was not able to provide sewer and water services. In 2011,the agreement was nullified and the City paid damages to the developer, reimbursed the existing homeowners for their cost to connect to City water, deeded back the well,the well lot, a lift station lot, and land easements to the homeowners. In 2014,the City of Meridian entered into a Settlement and Mutual Release Agreement with Bittercreek Meadows Subdivision Homeowners Association in which the City agreed to connect 24 lots to the City of Kuna's wastewater treatment plant.The cost to do this is not known since it is dependent on development of adjoining vacant land but an estimated cost of$240,000 was recorded and is reflected in the Statement of Net Position for our Proprietary Fund. 50 City of Meridian, Idaho Notes to Financial Statements September 30, 2023 Note 12 - Related Party The City partners with Meridian Development Corporation (MDC)for various downtown improvements. During the year ended September 30, 2023, MDC agreed to contribute $10,000 for Concerts on Broadway. Note 13 - Component Unit The Meridian Development Corporation (MDC) is created by and exists under the Idaho Urban Renewal Law of 1965, as amended, and is a separate legal entity. In July 2016,the City approved the establishment of MDC's second district, known as the Ten Mile District.A third district was established in June 2020, known as Union Block District. In December 2021,the City approved the establishment of a fourth district known as the Northern Gateway District and in December 2021 a fifth district was established known as the Linder District. MDC—Cash and Cash Equivalents As of September 30, 2023, the account balance of the checking account was $8,192,851. $7,931,092 was uninsured and uncollateralized as of September 30, 2023. Cash is held in the custody of Washington Trust Bank in MDC's name. MDC—Capital Assets Changes to capital assets are as follows: Balance Balance Oct. 1.2022 Additions Deletions Transfers Seot.30,2023 Governmental Activities Capital assets,not depreciated Land $ 672,384 $ $ $ - $ 672,384 Total capital assets, not depreciated 672,384 - $ 672,384 Capital assets,depreciated Equipment - - - Intangibles 140,547 - 140,547 Total capital assets,depreciated 140,547 - - 140,547 Less accumulated depreciation for Equipment - - - Intangibles (140,547) - (140,547) Total accumulated depreciation (140,547) - - (140,547) Total net capital assets,depreciated - - - - Governmental activities capital assets,net $ 672,384 S $ $ - $ 672,384 51 City of Meridian, Idaho Notes to Financial Statements September 30, 2023 MDC—Commitments and Contingencies On February 8, 2017, amended on March 13, 2017, and amended on December 15, 2021, MDC entered into a Owner Participation Agreement with Ten Mile Crossing, Inc., Brighton Corporation, SCS Brighton LLC, Brighton Investments LLC, SCS Investments LLC, and SBG Ten Mile Office No. 1, LLC (the Ten Mile Developers)to carry out the approved urban renewal plan.This agreement contemplates that the Ten Mile Developers will develop the property by constructing private improvements. Eligible public improvements are to be constructed in phases and reimbursed from future tax increment revenues. As of September 30, 2023,the Ten Mile Developers have incurred life-to-date eligible expenses and requested reimbursements totaling$5,047,471. Of this amount, $1,337,587 was paid by MDC in fiscal year 2023 and $2,811,416 was paid by MDC in prior fiscal years. The remaining amount of$898,468 is to be paid, contingent upon the future receipt of tax increment. On January 26, 2022, MDC entered into a Development Agreement with East Broadway Investment Company, LLC (the Union Developers)to carry out the approved urban renewal plan.This agreement contemplates that the Union Developers will develop the property by constructing private improvements. Eligible public improvements are to be constructed in phases and reimbursed from future tax increment revenues.As of September 30, 2023,the Union Developers have incurred life-to-date eligible expenses and requested reimbursements totaling$750,000. Of this amount, no amount was paid by MDC in fiscal year 2023.The remaining amount of$750,000 is to be paid, contingent upon the future receipt of tax increment. On October 10, 2018, amended on April 28, 2021, MDC entered into a Development Agreement with Novembrewhisky Properties, LLC, Pacific West Communities, Inc., and Pacific West Builders, Inc. (the Old City Hall Developers) to carry out the approved urban renewal plan.This agreement contemplates that the Old City Hall Developers will develop the property by constructing private improvements. Eligible public improvements are to be constructed in phases and reimbursed from future tax increment revenues. As of September 30, 2023, the Old City Hall Developers have incurred life-to-date eligible expenses and requested reimbursements totaling $678,000. Of this amount, $60,304 was paid by MDC in fiscal year 2023 and $23,673 was paid by MDC in prior fiscal years.The remaining amount of$594,023 is to be paid, contingent upon the future receipt of tax increment. On January 8, 2020, amended on August 1, 2020, MDC entered into a Development Agreement with RWP/Meridian, LLC and MKA, LLC (the Bower Street Developers)to carry out the approved urban renewal plan. This agreement contemplates that the Bower Street Developers will develop the property by constructing private improvements. Eligible public improvements are to be constructed in phases and reimbursed from future tax increment revenues.As of September 30, 2023,the Bower Street Developers have incurred life-to- date eligible expenses and requested reimbursements totaling$224,000. Of this amount, $28,391 was paid by MDC in fiscal year 2023.The remaining amount of$195,609 is to be paid, contingent upon the future receipt of tax increment. Note 14- Subsequent Events Subsequent to year end,the City entered into a contract agreement for new HR, Payroll and Time Keeping software,two new City Council members were elected, and the City approved the acceptance of the federal program,the SAFER grant for approximately$8.1 million. 52 ' Required Supplementary Information,W September 30, 2023 City of Meridian, Idaho eidebailly.com City of Meridian, Idaho Schedule of Employer's Share of Net Pension Liability (Asset) and Employer Contributions Year Ended September 30, 2023 Schedule of Employer's Share of Net Pension Liability(Asset) PERSI-Base Plan Last 10-Fiscal Years 2023 2022 2021 2020 2019 2028 2017 2016 2025 2014 Employer's portion of net pension liability(asset) 0.0107279264 0.0099154416 (0.99528992%) 0.95173640% 0.91855720% 0.86932910% 0.83853670% 0.83279220% 0.83092250% 0.78774420% Employer's proportionate share of the net pension liability(asset) $ 42,811,620 $ 39,054,528 $ (786,060) $ 22,100,578 $ 10,485,074 $ 12,822,757 $ 13,180,357 $ 16,881,978 $ 10,941,899 $ 5,799,030 Employer's covered payroll 45,935,142 39,201,449 37,294,313 34,691,943 31,370,306 28,067,928 26,158,967 24,506,473 23,418,704 21,670,660 Employer's proportional share of the net pension liability(asset)as a percentage of its covered payroll 93.20% 99.63% (2.11%) 63.71% 33.42% 45.68% 50.39% 68.89% 46.72% 26.76% Plan fiduciary net position as a percentage of the total pension liability(asset) 83.83% 83.09% (100.36%) 88.22% 93.79% 91.69% 90.68% 87.26% 91.38% 94.95% Data reported is measured at the measurement date which is as of June 30 of each year. See Notes to Required Supplementary Information 53 City of Meridian, Idaho Schedule of Employer's Share of Net Pension Liability (Asset) and Employer Contributions Year Ended September 30, 2023 Schedule of Employer's Share of Net Pension Liability(Asset) PERSI-Base Plan Last 10-Fiscal Years 2023 2022 2021 2020 2019 2018 2017 2016 2015 2014 Statutorily required contribution $ 5,571,933 $ 4,680,653 $ 3,929,693 $ 3,734,052 $ 3,514,771 $ 3,375,966 $ 2,827,648 $ 2,475,578 $ 2,717,964 $ 2,560,496 Contributions in relation to the statutorily required contribution 5,664,471 4,851,076 4,487,967 4,134,783 3,669,576 3,228,459 3,001,437 2,796,909 2,682,620 2,461,739 Contribution(deficiency)excess (92,538) (170,423) 558,274 400,731 154,805 (147,507) 173,789 321,331 (35,344) (98,758) Employer's covered payroll 47,643,586 41,398,069 38,316,891 34,957,831 32,747,790 28,750,964 26,645,195 24,966,360 24,029,237 22,142,233 Contributions as a percentage of covered payroll 11.89% 11.72% 11.71% 11.83% 11.21% 11.23% 11.26% 11.20% 11.16% 11.12% Data reported is measured as of September 30 of each year. See Notes to Required Supplementary Information 54 City of Meridian, Idaho Schedule of Revenues, Expenditures, and Changes in Fund Balance— Budget and Actual—General Fund Year Ended September 30, 2023 Budgeted Amounts Actual Variance With Original Final Amounts Final Budget Revenues Taxes $ 45,556,044 $ 45,556,044 $ 45,983,863 $ 427,819 Licenses and permits 9,263,994 9,263,994 11,038,830 1,774,836 Intergovernmental 17,521,587 31,594,642 18,456,373 (13,138,269) Franchise fees 1,795,898 1,795,898 2,447,941 652,043 Fines and forfeitures 486,257 705,721 637,304 (68,417) Charges for services 4,094,102 4,110,601 5,326,777 1,216,175 Impact revenues 6,845,351 6,845,351 9,633,342 2,787,991 Donations 900,000 920,845 107,775 (813,070) Interest 445,102 445,102 3,294,149 2,849,047 Miscellaneous 11,236 11,236 89,608 78,372 Total revenues 86,919,571 101,249,434 97,015,962 (4,233,473) Expenditures General government personnel costs 7,115,490 7,219,690 6,932,364 287,326 General government operating expense 7,761,420 21,160,957 5,792,864 15,368,093 Public safety Police personnel costs 25,030,256 25,038,269 24,926,889 111,380 Police operating expense 4,934,011 5,006,203 4,743,410 262,793 Fire personnel costs 16,622,414 16,862,961 16,265,754 597,207 Fire operating expense 3,184,022 3,345,759 3,241,734 104,025 Parks and recreation personnel costs 5,222,622 5,222,622 5,090,482 132,140 Parks and recreation operating expense 4,782,179 4,656,859 4,811,336 (154,477) Communitv development personnel costs 4,877,309 4,877,309 3,738,899 1,138,410 Communitv development operating expense 4,005,999 4,070,463 3,149,364 921,099 Capital outlay General government 443,986 583,210 882,310 (299,100) Public safety Police 6,084,781 5,124,599 2,612,736 2,511,863 Fire 11,110,934 9,384,005 9,460,860 (76,855) Parks and recreation 20,923,737 14,476,153 9,083,498 5,392,655 Total expenditures 122,099,160 127,029,059 100,732,500 26,296,559 Excess(Deficiency)of Revenues over(Under) Expenditures (35,179,589) (25,779,625) (3,716,538) 22,063,086 See Notes to Required Supplementary Information 55 City of Meridian, Idaho Schedule of Revenues, Expenditures, and Changes in Fund Balance—Budget to Actual—General Fund Year Ended September 30, 2023 Budgeted Amounts Actual Variance with Original Final Amounts Final Budget Other Financing Sources (Uses) Operating transfer in 3,752,253 3,752,253 3,680,928 (71,325) Operating transfer out (261,653) (261,653) (3,959,134) (3,697,481) Unrealized gain (loss)on investments - - 304,989 304,989 IT-subscription asset/liability - - 312,786 312,786 Gain on sale of capital assets - - 39,055 39,055 Total other financing sources (uses) 3,490,600 3,490,600 378,624 (3,111,976) Excess (Deficiency) of Revenues Other Sources (Uses) over(Under) Expenditures (31,688,989) (22,289,025) (3,337,914) Fund Balance, Beginning of Year 58,977,688 56,126,011 90,556,566 Fund Balance, End of Year $ 27,288,699 $ 33,836,986 $ 87,218,652 See Notes to Required Supplementary Information 56 City of Meridian, Idaho Notes to Required Supplementary Information September 30, 2023 Note 1 - Budgets and Budgetary Accounting The City follows these procedures in establishing the budgetary data reflected in the financial statements: Prior to September 1,the CFO, Department Directors, Mayor, and City Council prepare a proposed operating budget for the fiscal year commencing on October 1.The operating budget includes proposed expenditures and the means of financing them. Public hearings are conducted at City Hall to obtain taxpayer comments. Prior to October 1,the budget is legally enacted through passage of an ordinance. Budgets are not adopted on a basis consistent with generally accepted accounting principles (GAAP)for the general fund. Budgets for enterprise funds are not legally required but are adopted on a non-GAAP basis.All annual appropriations lapse at fiscal year-end. Revisions that alter the total expenditure appropriation of any fund must be approved by the City Council. State law does not allow fund expenditures to exceed fund appropriations.The budget presented in the report has been amended. Formal budgetary integration is employed as a management control device during the year for all funds. Note 2- Budget Overages The Budget to Actual-General Fund budget identified one department that overspent their operational expenses. The Parks Department overspent budgeted operational expenses by$154,477 as a result of the City taking full operational management of Lakeview Golf Course. The Budget to Actual General Fund budget identified two departments that overspent their capital budgets. The fire department overspent budgeted capital expenses by$76,855 as a result of completing the construction of two fire stations. The General Government overspent budgeted capital expenses by$299,100 as a result of the implementation of a new accounting standard, GASB Statement 96,Subscription-Based Information Technology Arrangements. 57 ' Other Information> September 30, 2023 City of Meridian, Idaho eidebailly.com City of Meridian, Idaho Schedule of Revenues, Expenditures and Changes in Fund Balance—Budget and Actual—Capital Projects Fund Year Ended September 30, 2023 Budget Amounts Variance Actual with Original Final Amounts Final Budget Revenues Interest $ - $ - $ 687,661 $ 687,661 Total revenues - - 687,661 687,661 Expenditures General government capital outlay- Police 4,773,665 4,630,214 3,398,800 1,231,414 General government capital outlay- Fire 9,551,574 8.424,497 6,270,583 2,153,914 Parks and recreation capital outlay 24,076 24,076 - 24,076 Total expenditures 14,349,315 13,078,787 9,669,383 3,409,404 Excess (Deficiencv) of revenues over(Under) Expenditures (14,349,315) (13,078,787) (8,981,722) 4,097,065 Other Financing Sources (Uses) Operating transfer in - - 3,647,538 3,647,538 Unrealized gain (loss) on investments - - 70,293 70,293 Total other financing sources (uses) - - 3,717,831 3,717,831 Excess (Deficiency) of Revenues and Other Sources (Uses) over(Under) Expenditures (14,349,315) (13,078,787) (5,263,891) 7,814,896 Fund Balance, Beginning of Year 7,018,211 1,987,511 18,275,513 Fund Balance, End of Year $ (7,331,104) $(11,091,276) $13,011,622 58 City of Meridian, Idaho Schedule of Revenues, Expenditures and Changes in Fund Balance—Budget and Actual—Enterprise Fund Year Ended September 30, 2023 Budgeted Amounts Variance Actual with Original Final Amounts Final Budget Revenues Water sales $ 10,441,338 $ 10,441,338 $ 10,675,905 $ 234,567 Sewer sales 18,806,615 18,806,615 19,479,698 673,083 Other service revenues 300,000 300,000 610,457 310,457 Sale of meters 633,198 633,198 626,592 (6,606) Trash billing service 1,154,078 1,154,078 1,356,780 202,702 Engineering fees 380,000 380,000 296,700 (83,300) Assessment revenue and cash donation 17,431,494 17,783,545 20,990,845 3,207,300 Interest 562,286 562,286 3,857,400 3,295,114 Miscellaneous - - 5,330 5,330 Total revenues 49,709,009 50,061,060 57,899,707 7,838,647 Expenditures Administration personnel costs 5,669,817 5,669,817 5,344,376 325,441 Administration operating expenses 2,412,389 2,321,702 1,764,841 556,861 Water personnel costs 2,859,583 2,859,583 2,681,301 178,282 Water operating expenses 3,079,631 4,284,631 3,615,856 668,775 Wastewater personnel costs 5,389,154 4,389,154 4,185,227 203,927 Wastewater operating expenses 5,082,941 5,073,479 4,524,535 548,944 Capital outlay 58,775,053 52,668,650 19,338,439 33,330,211 Total expenditures 83,268,568 77,267,016 41,454,575 35,812,441 Excess(Deficiency)of Revenues over(Under)Expenditures (33,559,559) (27,205,956) 16,445,132 43,651,088 Other Financing Sources(Uses) Operating transfer out (3,490,600) (3,490,600) (3,369,332) 121,268 Unrealized gain on investments - 311,632 311,632 Loss on sale of capital assets (26,993) (26,993) (7,931) 19,062 Total other financing sources(uses) (3,517,593) (3,517,593) (3,065,631) 451,962 Excess(Deficiency)of Revenues and Other Sources(Uses)over(Under) Expenditures (37,077,152) (30,723,549) 13,379,501 Fund Balance, Beginning of Year 59,119,710 60,694,963 96,742,066 Fund Balance, End of Year $ 22,042,558 $ 29,971,414 $ 110,121,567 Reconciling items for GAAP Basis Financials Deferred outflows $ 3,176,856 Pension liability amount (7,277,975) Accrued vacation (634,945) Retainage payable (311,038) Net invested in capital assets 380,534,734 Settlement payable (240,000) Net Position,GAAP Basis, End of Year $ 485,369,199 59 ,�' Single Audit Section September 30, 2023 City of Meridian, Idaho eidebailly.com EideBailly® CPAs&BUSINESS ADVISORS Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards To the Mayor and Members of City Council City of Meridian, Idaho Meridian, Idaho We have audited, in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States (Government Auditing Standards),the financial statements of the governmental activities,the business-type activities,the discretely presented component unit, and each major fund of the City of Meridian, Idaho (the City), as of and for the year ended September 30, 2023, and the related notes to the financial statements,which collectively comprise the City's basic financial statements and have issued our report thereon dated March 5, 2024. Report on Internal Control over Financial Reporting In planning and performing our audit of the financial statements, we considered the City's internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control. Accordingly, we do not express an opinion on the effectiveness of the City's internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions,to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness,yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses or significant deficiencies may exist that were not identified. What inspires you,inspires us.I eidebailly.com 60 877 W.Main St.,Ste.800 1 Boise,ID 83702-5858 1 T 208.344.7150 1 F 208.344.7435 EOE Report on Compliance and Other Matters As part of obtaining reasonable assurance about whether the City's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the financial statements. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly,we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. Accordingly,this communication is not suitable for any other purpose. GY�o Boise, Idaho March 5, 2024 61 EideBailly® CPAs&BUSINESS ADVISORS Independent Auditor's Report on Compliance for the Major Federal Program; Report on Internal Control Over Compliance Required by the Uniform Guidance The Mayor and Members of the City Council City of Meridian, Idaho Meridian, Idaho Report on Compliance for the Major Federal Program Opinion on the Major Federal Program We have audited the City of Meridian, Idaho's (the City) compliance with the types of compliance requirements identified as subject to audit in the OMB Compliance Supplement that could have a direct and material effect on the City's major federal program for the year ended September 30, 2023.The City's major federal program is identified in the summary of auditor's results section of the accompanying schedule of findings and questioned costs. In our opinion,the City complied, in all material respects, with the compliance requirements referred to above that could have a direct and material effect on its major federal program for the year ended September 30, 2023. Basis for Opinion on the Major Federal Program We conducted our audit of compliance in accordance with auditing standards generally accepted in the United States of America (GAAS); the standards applicable to financial audits contained in Government Auditing Standards issued by the Comptroller General of the United States (Government Auditing Standards); and the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards(Uniform Guidance). Our responsibilities under those standards and the Uniform Guidance are further described in the Auditor's Responsibilities for the Audit of Compliance section of our report. We are required to be independent of the City and to meet our other ethical responsibilities, in accordance with relevant ethical requirements relating to our audit. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our opinion on compliance for the major federal program. Our audit does not provide a legal determination of the City's compliance with the compliance requirements referred to above. What inspires you,inspires us.I eidebailly.com 62 877 W.Main St.,Ste.800 1 Boise,ID 83702-5858 1 T 208.344.7150 1 F 208.344.7435 EOE Responsibilities of Management for Compliance Management is responsible for compliance with the requirements referred to above and for the design, implementation, and maintenance of effective internal control over compliance with the requirements of laws, statutes, regulations, rules and provisions of contracts or grant agreements applicable to the City's federal program. Auditor's Responsibilities for the Audit of Compliance Our objectives are to obtain reasonable assurance about whether material noncompliance with the compliance requirements referred to above occurred,whether due to fraud or error, and express an opinion on the City's compliance based on our audit. Reasonable assurance is a high level of assurance but is not absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS, Government Auditing Standards, and the Uniform Guidance will always detect material noncompliance when it exists.The risk of not detecting material noncompliance resulting from fraud is higher than for that resulting from error, as fraud may involve collusion,forgery, intentional omissions, misrepresentations, or the override of internal control. Noncompliance with the compliance requirements referred to above is considered material, if there is a substantial likelihood that, individually or in the aggregate, it would influence the judgment made by a reasonable user of the report on compliance about the City's compliance with the requirements of the major federal program as a whole. In performing an audit in accordance with GAAS, Government Auditing Standards, and the Uniform Guidance, we: • Exercise professional judgment and maintain professional skepticism throughout the audit. • Identify and assess the risks of material noncompliance, whether due to fraud or error, and design and perform audit procedures responsive to those risks. Such procedures include examining, on a test basis, evidence regarding the City's compliance with the compliance requirements referred to above and performing such other procedures as we considered necessary in the circumstances. • Obtain an understanding of the City's internal control over compliance relevant to the audit in order to design audit procedures that are appropriate in the circumstances and to test and report on internal control over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of the City's internal control over compliance. Accordingly, no such opinion is expressed. We are required to communicate with those charged with governance regarding, among other matters, the planned scope and timing of the audit and any significant deficiencies and material weaknesses in internal control over compliance that we identified during the audit. Report on Internal Control over Compliance Our consideration of internal control over compliance was for the limited purpose described in the Auditor's Responsibilities for the Audit of Compliance section above and was not designed to identify all deficiencies in internal control over compliance that might be material weaknesses or significant deficiencies in internal control over compliance and therefore, material weaknesses or significant deficiencies may exist that were not identified. However, as discussed below we did identify a certain deficiency in internal control over compliance that we consider to be a material weakness. 63 A deficiency in internal control over compliance exists when the design or operation of a control over compliance does not allow management or employees, in the normal course of performing their assigned functions,to prevent, or detect and correct, noncompliance with a type of compliance requirement of a federal program on a timely basis.A material weakness in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance, such that there is a reasonable possibility that material noncompliance with a type of compliance requirement of a federal program will not be prevented, or detected and corrected, on a timely basis.A significant deficiency in internal control over compliance is a deficiency, or a combination of deficiencies, in internal control over compliance with a type of compliance requirement of a federal program that is less severe than a material weakness in internal control over compliance, yet important enough to merit attention by those charged with governance. We consider the deficiency in internal control over compliance described in the accompanying schedule of findings and questioned costs as item 2023-001 to be a material weakness. Our audit was not designed for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, no such opinion is expressed. Government Auditing Standards requires the auditor to perform limited procedures on the City's response to the internal control over compliance findings identified in our compliance audit described in the accompanying schedule of findings and questioned costs.The City's response was not subjected to the other auditing procedures applied in the audit of compliance and, accordingly, we express no opinion on the response. The purpose of this report on internal control over compliance is solely to describe the scope of our testing of internal control over compliance and the results of that testing based on the requirements of the Uniform Guidance. Accordingly, this report is not suitable for any other purpose. 4�- .4G7'0 Boise, Idaho March 5, 2024 64 City of Meridian, Idaho Schedule of Expenditures of Federal Awards Year Ended September 30, 2023 Federal Financial Entity Passed- Federal Grantor/Pass-Through Assistance Identifying Through to Grantor/Program or Cluster Title Listing Number Expenditures Subrecipients U.S.Department of Housing and Urban Development Community Development Block Grant Entitlement Grants Cluster Community Development Block Grants 14.218 N/A $ 410,000 $ 255,021 COVID-19-Community Development Block Grants 14.218 N/A 320,685 320,685 Total U.S.Department of Housing&Urban Development 730,685 575,706 U.S.Department of Health and Human Services Passed through Idaho Office of Drug Policy Strategic Prevention Framework 93.423 1H79SP080981-01 7,758 - Total U.S.Department of Health and Human Services 7,758 U.S.Department of Transportation Passed through the Idaho State Department of Transportation Highway Safety Cluster State and Community Highway Safety 20.600 SPT2306 43,000 Total U.S.Department of Transportation 43,000 - U.S.Department of the Treasury COVID-19-Coronavirus State and Local Fiscal Recovery Funds 21.027 N/A 824,671 250,000 COVID-19-Coronavirus Relief Funds 21.019 N/A 10,749 - Total U.S.Department of the Treasury 835,420 250,000 Total Federal Financial Assistance $ 1,616,863 $ 825,706 See Notes to Schedule of Expenditures of Federal Awards 65 City of Meridian, Idaho Notes to Schedule of Expenditures of Federal Awards September 30, 2023 Note 1 - Basis of Presentation The accompanying schedule of expenditures of federal awards (the schedule) includes the federal award activity of the City of Meridian, Idaho (the City) under programs of the federal government for the year ended September 30, 2023.The information is presented in accordance with the requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards(Uniform Guidance). Because the schedule presents only a selected portion of the operations of the City, it is not intended to and does not present the financial position, changes in net position or fund balance, or cash flows, as applicable, of the City. Note 2- Summary of Significant Accounting Policies Expenditures are reported in the schedule are reported on the accrual basis of accounting, except for subrecipient expenditures, which are recorded on the cash basis. When applicable, such expenditures are recognized following the cost principles contained in the Uniform Guidance,wherein certain types of expenditures are not allowable or are limited as to reimbursement. Note 3- Indirect Cost Rate The Organization does not draw for indirect administrative expenses and has not elected to use the 10%de minimus cost rate. 66 City of Meridian, Idaho Schedule of Findings and Questioned Costs Year Ended September 30, 2023 Section I—Summary of Auditor's Results FINANCIAL STATEMENTS Type of auditor's report issued Unmodified Internal control over financial reporting: Material weaknesses identified No Significant deficiencies identified not considered to be material weaknesses None Reported Noncompliance material to financial statements noted? No FEDERAL AWARDS Internal control over major program: Material weaknesses identified Yes Significant deficiencies identified not considered to be material weaknesses None Reported Type of auditor's report issued on compliance for major programs: Unmodified Any audit findings disclosed that are required to be reported in accordance with Uniform Guidance 2 CFR 200.516(a): Yes Identification of major programs: Name of Federal Program Federal Financial Assistance Listing COVID-19-Coronavirus State and Local Fiscal Recovery Funds 21.027 Dollar threshold used to distinguish between type A and type B programs: $750,000 Auditee qualified as low-risk auditee? No 67 City of Meridian, Idaho Schedule of Findings and Questioned Costs Year Ended September 30, 2023 Section II—Financial Statement Findings None reported. Section III—Federal Award Findings and Questioned Costs 2023-001 U.S. Department of the Treasury Federal Financial Assistance Listing 21.027 COVID-19—Coronavirus State and Local Fiscal Recovery Funds Procurement,Suspension,and Debarment Material Weakness in Internal Control over Compliance Criteria: Non-federal entities other than states, including those operating federal programs as subrecipients of states, must follow the procurement standards set out at 2 CFR sections 200.318 through 200.326.They must use their own documented procurement procedures, which reflect applicable state and local laws and regulations, provided that the procurements conform to applicable federal statutes and the procurement requirements identified in 2 CFR Part 200. Condition:We noted that while the City does have a purchasing policy, elements as required by Uniform Guidance are absent from the policy. In addition, elements that are required to be included in contracts with vendors who are paid using federal monies were missing from the contracts. Cause:The City had not had single audits performed until recently as a result of the increase in funding due to the COVID-19 pandemic. Because of this, they had not updated their purchasing policy to be compliance with Uniform Guidance. Effect:While our testing noted no instances of noncompliance,the absence of internal controls over compliance as it relates to having a Uniform Guidance compliant policy, could lead the City to enter into covered transactions that are not compliant with federal regulations. Questioned Costs: None reported. Context/Sampling:Sampling was not used to test the policy. Repeat Finding from Prior Year(s): No Recommendation:The City should review the applicable provisions of the CFR to ensure their written procurement policy is compliant with Uniform Guidance requirements. Views of Responsible Officials: Management agrees with the finding. 68 EideBailly® CPAs&BUSINESS ADVISORS March 5, 2024 To the Mayor and Members of the City Council City of Meridian, Idaho Meridian, Idaho We have audited the financial statements of City of Meridian, Idaho (the City) as of and for the year ended September 30, 2023, and have issued our report thereon dated March 5, 2024. Professional standards require that we advise you of the following matters relating to our audit. Our Responsibility in Relation to the Financial Statement Audit under Generally Accepted Auditing Standards and Government Auditing Standards and our Compliance Audit under the Uniform Guidance As communicated in our letter dated September 21, 2023, our responsibility, as described by professional standards, is to form and express an opinion about whether the financial statements that have been prepared by management with your oversight are presented fairly, in all material respects, in accordance with accounting principles generally accepted in the United States of America and to express an opinion on whether the City complied with the types of compliance requirements described in the OMB Compliance Supplement that could have a direct and material effect on each of the City's major federal programs. Our audit of the financial statements and major program compliance does not relieve you or management of its respective responsibilities. Our responsibility, as prescribed by professional standards, is to plan and perform our audit to obtain reasonable, rather than absolute, assurance about whether the financial statements are free of material misstatement.An audit of financial statements includes consideration of internal control over financial reporting as a basis for designing audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control over financial reporting. Accordingly, as part of our audit, we considered the internal control of the City solely for the purpose of determining our audit procedures and not to provide any assurance concerning such internal control. Our responsibility, as prescribed by professional standards as it relates to the audit of the City's major federal program compliance, is to express an opinion on the compliance for the City's major federal programs based on our audit of the types of compliance requirements referred to above. An audit of major program compliance includes consideration of internal control over compliance with the types of compliance requirements referred to above as a basis for designing audit procedures that are appropriate in the circumstances and to test and report on internal control over compliance in accordance with the Uniform Guidance, but not for the purpose of expressing an opinion on the effectiveness of internal control over compliance. Accordingly, as a part of our major program compliance audit, we considered internal control over compliance for these purposes and not to provide any assurance on the effectiveness of the City's internal control over compliance. What inspires you,inspires us.I eidebailly.com 1 877 W.Main St.,Ste.800 1 Boise,ID 83702-5858 1 T 208.344.7150 1 F 208.344.7435 EOE We are also responsible for communicating significant matters related to the audit that are, in our professional judgment, relevant to your responsibilities in overseeing the financial reporting process. However,we are not required to design procedures for the purpose of identifying other matters to communicate to you. We have provided our comments regarding internal controls during our audit in our Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards dated March 5, 2024. We have also provided our comments regarding compliance with the types of compliance requirements referred to above and internal controls over compliance during our audit in our Independent Auditor's Report on Compliance with the Major Federal Program and Report on Internal Control Over Compliance Required by the Uniform Guidance dated March 5, 2024. Planned Scope and Timing of the Audit We conducted our audit consistent with the planned scope and timing we previously communicated to you. Compliance with All Ethics Requirements Regarding Independence The engagement team, others in our firm, as appropriate, our firm, and other firms utilized in the engagement, if applicable, have complied with all relevant ethical requirements regarding independence. Qualitative Aspects of the Entity's Significant Accounting Practices Significant Accounting Policies Management has the responsibility to select and use appropriate accounting policies.A summary of the significant accounting policies adopted by the City is included in Note 1 to the financial statements.There have been no initial selection of accounting policies and no changes in significant accounting policies or their application during 2023. No matters have come to our attention that would require us, under professional standards,to inform you about(1)the methods used to account for significant unusual transactions and (2)the effect of significant accounting policies in controversial or emerging areas for which there is a lack of authoritative guidance or consensus. Significant Accounting Estimates Accounting estimates are an integral part of the financial statements prepared by management and are based on management's current judgments.Those judgments are normally based on knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ markedly from management's current judgments. The most sensitive accounting estimates affecting the financial statements are: Management's estimate of the net pension liability and deferred inflows/outflows of resources related to the net pension liability are based on actuarial estimates provided by Milliman to PERSI and the Schedule of Employer Allocations and Collective Pension Amounts provided by PERSI. This schedule was audited by independent auditors. We evaluated the key factors and assumptions used to develop the net pension liability and determined that it is reasonable in relation to the basic financial statements taken as a whole. 2 Financial Statement Disclosures Certain financial statement disclosures involve significant judgment and are particularly sensitive because of their significance to financial statement users.The most sensitive disclosures affecting the City's financial statements relate to: The disclosure of net pension liability, in Note 9, as this footnote supports the assumptions made and inputs used to determine the employer pension assumption. Significant Difficulties Encountered during the Audit We encountered no significant difficulties in dealing with management relating to the performance of the audit. Uncorrected and Corrected Misstatements For purposes of this communication, professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that we believe are trivial, and communicate them to the appropriate level of management. Further, professional standards require us to also communicate the effect of uncorrected misstatements related to prior periods on the relevant classes of transactions, account balances or disclosures, and the financial statements as a whole.There were no uncorrected or corrected missstatements identified as a result of our audit procedures. Disagreements with Management For purposes of this letter, professional standards define a disagreement with management as a matter, whether or not resolved to our satisfaction, concerning a financial accounting, reporting, or auditing matter, which could be significant to the financial statements or the auditor's report. No such disagreements arose during the course of the audit. Circumstances that Affect the Form and Content of the Auditor's Report For purposes of this letter, professional standards require that we communicate any circumstances that affect the form and content of our auditor's report. We did not identify and circumstances that affect the form and content of the auditor's report. Representations Requested from Management We have requested certain written representations from management which are included in the management representation letter dated March 5, 2024. Management's Consultations with Other Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters. Management informed us that, and to our knowledge, there were no consultations with other accountants regarding auditing and accounting matters. 3 Other Significant Matters, Findings,or Issues In the normal course of our professional association with the City, we generally discuss a variety of matters, including the application of accounting principles and auditing standards, operating conditions affecting the entity, and operating plans and strategies that may affect the risks of material misstatement. None of the matters discussed resulted in a condition to our retention as the City's auditors. Other Matters The financial statements include the financial statements of Meridian Development Corporation (MDC), which we considered to be a significant component of the financial statements of the City. Consistent with the audit of the City's financial statements as a whole, our audit included obtaining an understanding of MDC and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements of MDC and completion of further audit procedures. This report is intended solely for the information and use of the Mayor, City Council, and management of the City and is not intended to be, and should not be, used by anyone other than these specified parties. Boise, Idaho 4 E IDIAN�- )AH AGENDA ITEM Department Reports 2023 Meridian Meridian Arts Commission ChairCrystal Paulson, Annual ReportArts Commission To develop, advance, and nurture all Cassandra Schiffler, Arts & Culture CoordinatorCity Staff Liaison: •Hannah Scoville, Youth •Bridgett King •Patrick O’Leary•Vassil Ivanov•Shaun Muscolo••Lizzie Taylor, IPG subcommittee Chair•Brecken Bird, Vice Chair•subcommittee ChairCrystal Paulson, Chair, Events and Outreach •Commissioners:.its visitorsquality of life for Meridian residents and facets of the arts and to enhance the Meridian Arts Commission Public Art ProjectsDevelop a prioritization list of ongoing and future 12.ArtsAwards in the Weerd'sPresent 2023 Tammy de 11.Phase 2 Public Art ProjectSupport the Development of the Discovery Park 10.and fiscal support of performing arts projectsperforming arts programs through partnership facilitate selection process to support youth Use new Call for Performing Arts Projects to 9.installation of new traffic box wrapsartworks, approve locations, and commission Maintain existing Traffic Box Series; select 8.help from professional public arts contractor(s)Art Master Plan through researching options for Pursue development and completion of a Public 7.Support Concerts on Broadway Series in 20236.marketing events2023 and participate in programming and Engage the community through Art Week in 5.underrepresented populationsmarketing to underserved and representation of diverse populations and Increase inclusive programming through 4.Artists, with a selection panel for new exhibits-to-host opening receptions, and market yearly CallProgram monthly Initial Point Gallery exhibits, 3.Public Art ProjectTrailhubSupport the completion of “Water Metrics” 2.Series at the Meridian PoolSupport the completion of the Meridian Mural 1.Goals Adopted in Dec 2022 for 2023 Meridian fieldsA four part sculpture called “The Hole Ball Game” at the Discovery Park softball •4 public art benches at Discovery Park•TrailhubCreek FivemileMosaic sculptures at the •6 traffic boxes wrapped•1 mural at the Meridian Pool•2023 projects completed:•approved by the full Arts Commission in May 2023.committee to plan for current, ongoing, and future MAPS projects. The plan was This year staff completed a Public Art Workplan in collaboration with MAC’s Public Art •complete public art projects. Through the MAPS ordinance, City Council allocates 50 cents per Meridian resident to •(MAPS)Art in Public Spaces “A Place to Shine” by Sector groundone place establishing common various communities gathering in Circular overlays represent •to teach kids how to swimeducational mission of the pool at the pool and also highlights the Captures the energy of a fun day •the Poolseason of th Celebration of the 50•Ada Recreation District •collective)Seventeen (a local artist 2023 Traffic Box Series “Water Metrics” nod to the spinning wheels of the trail’s bicycling visitors.ditches bring to the community of Meridian. The bas relief circles are also a concentric rings in recognition of the ripple effect of the waters the canals and and plant life, as well as Idaho potato crops, and are surrounded in raised, The four colorful mosaic medallions on the sides depict images of local bird •to the farms, ranches, and homes in Meridian Idaho. the tops pay homage to the canals, ditches, and waterways that deliver water The two, spillway shaped forms with glass mosaic waters splashing down from •Pathway, Meridian’s longest contiguous pathway.FivemileThis mosaic installation is a public art piece that acts as a gateway to the •TrailhubCreek Fivemileby Eileen Gay Discovery Park Ribbon Cutting at Discovery Parkexploration, and “Discovery.”incorporated the themes of learning, Park’s overall identity. All artworks public art elements to enhance Discovery “saved up” to work on creating multiple MAPS funds carryforward, and funds were •priority MAPS project in 2018phase of Discovery Park was identified as a Adding public art to the new construction •Public Art Projects Hawk Benches & functional art, with the intention that they inspire users to consider new ways of which highlight the material’s transformation from utilitarian container into original manufacturing details such as weld seams, fitting ports and ID tags, all Repurposed from salvage steel propane tanks, their textured surfaces include •exploration. that strengthen Discovery Park’s identity as a place of learning and trout, are designed to serve as whimsical and functional sculptural elements These two pairs of mirrored benches, with backrests that depict hawk and •Trout Benches By Colin Selig The Hole Ball Game the act of Discovery for viewers, and celebrates the act of playing ball.the ballplayers, a negative space within the circle of a ball. It embodies around the area that the void images come into alignment and complete circular disks with a partial image cut out of them. It is by moving -semithe idea of Discovery in that one is first confronted with rather abstract The Hole Ball Game celebrates playing of softball and baseball. It involves •DesignUrbanRockBy Peregrine Falcon Bike Racks Installation Scheduled Thursday, March 28!•By Steve Parker“Fanfare”Discovery Park:Final upcoming installations at Delivered, to be installed by Parks this spring•By Colin Selig Ongoing & Upcoming Public Art Projects in Development:mural, transit shelter, or temporary sculpture•Downtown Quick Project •Linder Overpass median sculpture•Ongoing Traffic Box Program•2025:•Commiss ioners, HOA, City Staff, neighborhood citizens Committee of Parks and Rec Commissioners, Arts •Local Artist: Ken McCall•Chateau Park•Overland/Stoddard•St th Pine/8•/Ten MileChinden•Artists; artists will utilize both large and small box for art3 box locations with artists selected through a Call to •WASD annual wraps•Ongoing Traffic Box Program•Ten Mile Crossing•and Pine rd 3•Transit Shelter wraps •2024:• Youth Performing Arts Projects(Connected Wisdom) projectConectadaSabiduriasupport costs for their Idaho Fine Arts Academy to students can participate in all their events without feeshelp secure funds to ensure Meridian High School Bands to a Dragon performance and to subsidize participation feesto support their Imagine Treasure Valley Children’s Theater 2024 selected project funding awards:for free.Grunchpresent all performances of The registration fees for youth involved in the program to The Treasure Valley Children’s Theater to subsidize Meridian enable three promotional performances in the City of The Huckleberry Star Theater to cover cast fees and two projects for funding at $3,500 each:The Arts Commission juried applications and selected ProjectsIn 2023 MAC issued a Call for Youth Performing Arts 2023 Concerts on Broadway Opener: Marimba BoiseMexico LindoFolkloricoOpener: Ballet Opener: Treasure Valley Children’s TheaterHeadliner: Summer Groove Party BandHeadliner: Kings of SwingHeadliner: Guilty Pleasure 2023 Meridian◦Discussion Panel at Initial Point Gallery◦Air ClassPlein◦Writing Class◦classArtrepreneur◦History Walk◦Classes◦Hands on Activities◦Live Music◦Buskerfest◦◦Community Art Party ◦Art Drop◦Art Week Community Art Party:Event in collaboration with Parks and Recreation Initial Point Gallery Exhibits 5 group shows◦TVAA, CCGexhibits: IWS, PAPI, 4 organization group ◦youth art of MayAnnual WASD show of ◦1 solo show◦with 236 artists shown2023: 11 total exhibits ◦ Current exhibit at Initial Ballet Idaho collaborationOrganization (BOSCO) and Point Gallery ◦Stillness in the West◦Initial Point Gallery:Upcoming exhibit at •2025 MAC Strategic Plan-2020Review of the recommendations for improvements, and suggestions for a future strategic plan.MAC found that they are meeting most of the stated goals, and made •2025 Strategic Plan reviewed each of the 8 sections of the 2020Throughout the year, in committee and commission meetings, commissioners •reflect on how the goals might be updated or addressed in a future strategic plan.meeting current goals, what else MAC could be doing to meet those goals, and to The 2023 MAC Chair Jessica Peters, led a review of the plan to see how MAC is •adopted it via a resolution.In 2019, the Arts Commission approved a Strategic Plan for the Arts, and City Council Meridian Arts Commission arts programs through partnership and fiscal selection process to support youth performing Use Call for Performing Arts Projects to facilitate 11.box wrapsArtists to commission installation of new traffic artworks, recommend locations, and use Call to Maintain existing Traffic Box Series; select WASD 10.Awards in the ArtsWeerd'sPresent 2024 biennial Tammy de 9.Linder overpass projects.Workplan. Focus this year on Fuller Park and and future updates to the MAPS Public Art Participate in planning for new MAPS projects 8.Support Concerts on Broadway Series in 20247.marketing events2024 and participate in programming and Engage the community through Art Week in 6.populationsmarketing to underserved and underrepresented representation of diverse populations and Increase inclusive programming through 5.Parker and "Peregrine Bike Racks" by Colin Selig.Phase 2 Public Art Projects: "Fanfare" by Steve Support the completion of the Discovery Park 4.Meridian transit stop sheltersartists to create new artwork for installation on Use Call to Artists to select and commission 3.and Fuller Park.and pathways. Focus this year on Chateau Park and identity reinforcing art in Meridian parks Recreation staff and Commission to add theming Participate in the partnership with the Parks and 2.Artists, with a selection panel for new exhibits-to-host opening receptions, and market yearly CallProgram monthly Initial Point Gallery exhibits, 1.Adopted Goals for 2024 To follow Meridian Arts Commission on on Instagrammeridianarts@◦Meridian Arts Commission on Facebook◦social media: Questions? Comments?Meridian residents and its visitors.all facets of the arts and to enhance the quality of life for work to fulfill our mission to develop, advance, and nurture Without your support, we would not be able to do this City Staff for all that you do for us. We would like to thank City Council, Mayor Simison, and Questions? Comments?Meridian residents and its visitors.all facets of the arts and to enhance the quality of life for work to fulfill our mission to develop, advance, and nurture Without your support, we would not be able to do this City Staff for all that you do for us. We would like to thank City Council, Mayor Simison, and MERIDIAN HISTORIC Cassandra Schiffler, Arts & Culture CoordinatorCity Staff Liaison: •Annual Report, 2023 Commissioners Jack Keller, Youth•Heather Giacomo•Ken Freeze•Pam Jagosh•Debra Pitts•President, Vice GittingsPat •PresidentBlaine Johnston, •COMMISSIONPRESERVATION Meridian Speedway Listed in the National Register of Historic Places News Articles:register-national-speedway-20/meridian-03-matters/2024-https://www.boisestatepublicradio.org/show/idahoIdaho Matters: -Boise State Public Radio •MryyIsregister?fbclid=IwAR2PfR5tup5ERM39 KEvnFqyDROBaMcsvSp48fR5Mf9CgeD4DYclrd-national-the-joins-landmark-idaho-historic-speedway-https://idahonews.com/news/local/meridianKBOI, Idaho News 2: •places-historic-of-register-national-the-in-lis ted-speedway-meridian/meridian-https://www.kivitv.com/southKIVI, Idaho News 6: •https://www.youtube.com/watch?v=TtfPZn3dhOoKTVB: •3f9c6e9a43b7.html-afcc-11ee-e2f8-places/article_125cb664-historic-of- register-national-to-added-speedway-https://www.idahopress.com/news/local/meridian Idaho Press: •ada/article286747760.html-https://www.idahostatesman.com/news/local/community/west Idaho Statesman: •speedway/-https://boisedev.com/news/2024/03/14/meridian: BoiseDev• May:101 W. Pine St.Pine Street SchoolBank of Meridian with the tour of the schoolWe would like to thank the Pine Street School for their help •Group (TAG)ArrowrockThe walking tour of downtown Meridian led by Barbara Bauer of historic buildings, and hosted a presentation and guided posted informational sandwich boards downtown to identify and donated a historic print to the Meridian Library District, the Mayor’s Office for National Preservation month, framed In 2023, we celebrated the month with a proclamation from •MonthPreservation Reconnaissance nomination to the NRHP.of an individual property or historic district for possible Next Steps: SHPO will make recommendations to selection fruit industry workers.suggested they were constructed for rental to the dairy and Lila Hill –century th roof cottages built in the early 20More research suggested for a group of many small, hipped North Main Street AreaEast Idaho Avenue BlockNHR:Two districts were found to be potentially eligible for the Register of Historic Places.potentially eligible, properties for listing in the National The objective of the survey was to identify eligible, or State Preservation Office.Main Street area of Meridian as suggested by the Idaho level survey of 256 properties in the North -reconnaissancephase -With our consultant TAG, we completed a two Survey East Idaho Avenue Block Preservation Idaho property and operates it as an event venue.Elizabeth Burgess has been working to restore the central heat.one of the first in the area to include electricity and be build using plans from the 1905 Sears catalog, and Tollethgift from Harry style house that was built in 1907 as a belated wedding Historic Places in 1996. It’s a late Victorian Queen Anne This property was listed in the National Register of award) -orchid-prestigious-receive-to-house-tolleth-https://www.kivitv.com/news/meridians(Channel 6 news story: Gem Events for a Preservation Idaho Orchid AwardHouse / Hidden TollethWe successfully nominated The Orchid Award TollethHouse / Hidden Gem Events Ongoing HPC Projects Egger’s Farmstead Historic Silos Virtual Tours/https://hullfilm360.com/projects/meridian/tour13 for Egger’s Farmstead on Black Cat RoadIn 2023 we completed a new virtual tour site Center, along Idaho Street between 4th and 5th, Highway 16areas along Idaho Street, near Centennial Park/Community interior), Black Cat Farm, Meridian Speedway, Downtown Main and Broadway Street), Pine Street School (exterior and Meridian City Hall/Creamery (City Hall views, History Center, Virtual Tours Include:areas and building associated with the City of Meridian.We are continuing our projects with Hull Films to document Ongoing HPC Projects Clara Hill House Guided -Self walk.videos and narratives about each property while you to enjoy additional photos, AndroidoriPhoneapp forexperience, download the Meridian Historic Tour mobile enhanced Historic Meridian Downtown Walking Tour information are available at Meridian City Hall. For an round. Free booklets with a map and interpretive -yearguided Meridian Historic Walking Tour is available -A self The Historic Preservation Commission continues its efforts to Social Media Ongoing HPC Projects on Instagrammeridianhistory@on FacebookMeridian History the number of people that comment on our posts. our culture and our historic buildings.Facebook and Instagram. Our posts highlight our history, both encourage the public to follow Meridian History on both •WHAT’S NEXT?completed. from SHPO on the North Main Street area reconnaissance survey that was in the National Historic Register. We are waiting for recommendations We will continue to explore additional sites that may be eligible for listing •comment and recommendations on the proposed permit request.. provisions established by the City of Meridian, the HPC could provide landmarked property, the HPC would be notified. Depending on the status would be so noted and, prior to issuance of any permits on the identified historic properties to be designated as a local landmark. This provision has rarely been used in our State. The program allows for 4616 provide for this activity, although this -4614 and 67-Code Sections 67and analyze the potential of a local historic landmarking program. Idaho Engineers on researching a potential landmarking program to research -U-We are working with a historic preservation consultant from J•help aid commissioners and volunteers to lead historic walking toursOur consultant, TAG, is working to create walking tour guide binders to •help fund this project.recommended by SHPO. We have applied for grant money from SHPO to into creating an updated Meridian Historic Preservation Plan as updating preservation plans every ten years. The commission is looking in 2014. The Idaho State Historic Preservation Office (SHPO) recommends that was completed Historic Preservation Plan Meridian currently has a THANK you-ThankIf you have any questions at this time, we would be happy to answer them.do the work that we have been tasked to do.Without the support that we receive from the city, we would not be able to to serve you and the citizens of Meridian in preserving our history.City Council and City Staff for all that they do for us. It our pleasure to be able The Historic Preservation Commission would like to thank the Mayor’s office, YOU- E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Neighborhood Grants Program: Fiscal Year 2023 Project Close Out and Fiscal Year 2024 Project Recommendations C� fIEN DL4,,A H �. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Jacob Cluff Meeting Date: March 26, 2024 Presenter: Jacob Cluff Estimated Time: 15 mins Topic: Neighborhood Grants Program FY 2024 Recommended Council Action: Approve recommendations for allocation of FY2024 budgeted funds for top-scoring Neighborhood Grant applications. Background: The City Council allocated $50,000 in the FY2024 budget for the Neighborhood Grants Program (NGP),with the intent to expand citizen input into developing projects that highlight neighborhood identity and pride and further Meridian's vision to be a premier community in which to live, work and raise a family. The program's goals seek to create opportunities for long- term civic engagement by community members, build stronger relationships between elected officials, city staff,the community, and other agencies, and inspire projects that leave lasting impacts across Meridian's community. The Neighborhood Grant Program Started in May of 2021 and is entering its third year. The program receives applications from various individuals, businesses, non-profits, homeowners' associations, and service groups. During the FY24 application process,the City received seven (7) applications,with five (5) of the Seven (7) applications meeting the minimum requirements to be considered. Staff followed up with all interested applicants to ensure correct and complete information was provided with the submissions. Applications were scored individually by a panel consisting of City Council members as defined during program development and roll-out. The scoring matrix allocated points across six categories, including project description,the inclusion of volunteer assistance to execute, timeline efficacy, project impact, project budget, and outside recommendations or support. Below is a table depicting the type of project, the group who submitted the request, a summary, and the estimated cost of each. The projects requested nearly$45,000, with an average funding request of approximately$9,000. Funding Request Proj Project Type Requestor Group Brief Summary Funding Request No. 2024- Tree and Vineyard Vineyard HOA Tree Management and Removal $7,000.00 01 planet HOA 2024- Common Area Vineyard Vineyard HOA Common Area Management $7,624.00 02 HOA Pagel of 3 or non-profit. This will aid in project execution. Based on the applications and discussions with leadership and management, the three projects are manageable from a resourcing and project management perspective. As a note, the Vineyard HOA projects were placed fourth and fifth in the evaluation. These two projects scored significantly lower when looking at all applications. Additionally, due to the Vineyard HOA projects requesting funding for improvements on portions of private property, staff does not recommend funding these projects. The total funding of the top three projects is $30,039.97, which is $19,960.03 less than the budgeted program allocation. While funds remain in this program year, staff feel the three recommended projects will serve the community well and recommend that these three projects move forward in the contract process. <end> Page 3 of 3 2024- Books Meridian Meridian Library Books for the Meridian Library $10,000.00 03 Library Foundation District Foundation 2024- Memorial David's David's Hope Memorial in Meridian Cemetery $10,000.00 04 Hope Remembering Pregnancy and Infant Loss 2024- Park Meridian Meridian Senior Seating and picnic $10,039.97 05 Improvement Senior Center improvements in Kleiner Park Center Project Scoring Proj Project Tyne Requestor Group Brief Summary Average Scoring No. Score Total 2024- Tree and Vineyard Vineyard HOA Tree Management and 275 01 planet HOA Removal 68.75 2024- Common Area Vineyard Vineyard HOA Common Area 275 02 HOA Management 68.75 2024- Books Meridian Meridian Books for the Meridian 360 03 Library Library Library District 90.00 Foundation Foundation 2024- Memorial David's David's Hope Memorial in Meridian 335 04 Hope Cemetery Remembering 83.75 Pregnancy and Infant Loss 2024- Park Meridian Meridian Seating and picnic 350 05 Improvement Senior Senior Center improvements in Kleiner 87.50 Center Park Discussion: The NGP is based on applications received,the program goals, and the scoring results. The Council should consider the best funding allocation. This program is in its third year, and changes and adjustments will continue to be made to ensure the program is as efficient as possible in future years. These will include streamlining the scoring process and continuing to market and uniquely engage the City of Meridian residents. Recommendation: Staff recommends award of funds to the top three scored projects, as listed in the scoring table below. This recommendation is based on a few factors discussed below the scoring table. Proj Project Type Requestor Group Brief Summary Funding Average Scoring No. Request Score Total 2024- Books Meridian Meridian Books for the $10,000.00 90 360 03 Library Library Meridian Library Foundation Foundation District 2024- Park Meridian Meridian Seating and picnic $10,039.97 87.5 350 05 Improvement Senior Senior improvements in Center Center Kleiner Park 2024- Memorial David's David's Memorial in $10,000.00 83.75 335 04 Hope Hope Meridian Cemetery Remembering Pregnancy and Infant Loss The projects are ranked using average points based on the scoring criteria.Additionally, each of the three recommended projects has some element of agency partnership,whether with the City Page 2 of 3 2022 Programs FundedFlag Disposal BoxesAmerican Legion 113 •Garden Hero Park Pollinator •JeepBeepBeep • Beep By Anita Burgess and the Burgess FamilyJeep at Bear Creek ParkBeep Hero’s Park Pollinator Gardenop Gardeners-By Meridian Co Flag Collection and Deposal Program by American Legion Post 113 2023 Projects Funded Outdoor Repairs Center at the Park •WheelValley’s Kelso I Heart Treasure • Kelso Wheel and Conflict Resolution Training by I Heart Treasure Valley Center at the Park Repairs By Meridian Senior Center Question? E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Public Hearing for Community Input on Meridian's Community Development Block Grant Program Action Plan i PUBLIC HEARING SIGN IN SHEET DATE: March 26, 2024 ITEM # ON AGENDA: 26 PROJECT NAME: Community Input on Meridian's Community Development Block Grant Program Action Plan Your Full Name Your Full Address Representing I wish to testify (Please Print) HOA? (mark X if yes) If yes, please provide HOA name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Mayor Robert E. Simison City Council Members: E IDIA N`� Joe Borton, President Liz Strader, Vice President D A H O Doug Taylor John Overton Anne Little Roberts -- Luke Cavener 3. Council Action Staff is asking Council to provide feedback on the direction of the upcoming action plan and facilitate the public hearing on March 26. 4. Timeline The timeline below outlines the major milestones for the Housing and Public Service Applications: March 15: Public Comment Period Open March 26: Public Hearing April 1: Applications Open April 2: Open House April 4: Staff Available at Do the Right Fair April 16: Application Workshop April 30: Application Closes I 114 x Dt:��. SCAN OR CODE OR GO TO: HT rPS://FORMS.OFFICE.COM/G/HM MD2WTUPL TO PROVIDE FEEDBACK SERVICES FOR MERIDIAN RESIDENTS PROVIDE INPUT ON POTENTIAL PARTNERSHIPS! Who: Meridian Residents When: April 2, 2024, 4 pm to 6 pm Where: Meridian City Hall Why: Gather information about Meridian's CDBG Program and provide feedback. An application for local non-profits to apply for funding to administer services to Meridian residents will be open April 1-30. Join us to offer feedback on potential partnerships. For more information contact Crystal Campbell at ccampbell@meridiancity.org or (208)489-0575. THE CITY OF MERIDIAN RECEIVES COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS ANNUALLY FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD). Mayor Robert E. Simison City Council Members: E IDIAN� Joe Borton, President Liz Strader,Vice President D A H O Doug Taylor John Overton Anne Little Roberts -- Luke Cavener March 19, 2024 MEMORANDUM FROM: Crystal Campbell, Community Development Program Coordinator To: Mayor Robert Simison and City Council RE: Community Input on Meridian's CDBG Program Action Plan Requested 1. Introduction and Background Meridian's CDBG Program will be providing multiple opportunities for community members to participate in the planning process for the upcoming Action Plan. Staff is seeking public input on the need and accessibility of services to residents who are at or below 80% of the AMI. Our goal is to ensure that the Consolidated Plan stays relevant and that we continue to meet the needs of the community. We encourage community members to provide feedback on the community's needs and potential partnerships for services available to Meridian residents. We believe that this input is critical to the success of Meridian's CDBG Program and the well-being of our community. 2. Next Steps The public comment period is open from March 15 to April 7 with a public hearing on March 26 during the Council workshop. We would also like to invite the community to visit staff at City Hall on April 2 for an open house or at the Do the Right Fair on April 4. Staff will be available to answer questions about Meridian's CDBG Program including current partnerships and services that are accessible to community members. Feedback can be provided by any of the following methods: • In-person at the public hearing on March 26. • In-person on April 2 from 4 pm to 6 pm for an open house located at City Hall. • In-person on April 4 from 5:30 pm to 7:30 pm at the Do the Right Fair located at Meridian Middle School. • By contacting Crystal Campbell at ccampbell@meridiancity.org or (208) 489-0575. • By completing the online questionnaire located at: https://forms.office.com/g/hmmD2wtuPL or by scanning the QR code. %�W:,34 Meridian CDBG PROGRAM planning process for the upcoming Action Plan.Inviting community members to participate in the Project Planning All projects should lead back to of CDBG Program opportunities principally for persons with low to moderate incomes. Development (HUD) to promote decent housing, a suitable living environment, and expanded economic Meridian’s CDBG Program receives funding from the U.S. Department of Housing and Urban Meridian Resident of the area median income (AMI).those who are at or below 80% This program is specifically for Mod Income-LowHousing Stability Overview within the Meridian City limits.All projects must benefit those creating housing stability. Who’s$71,300$64,200$57,050$49,950 80% AMIHousehold Size Eligible?area median income (AMI). Services are for Meridian resident’s that are at or below 80% of the Guiding for the upcoming year.Identifies specific activities Annual Action Plan goals.progress toward overall end report that shows -Year CAPER 2026 Con Plan.-2022Currently working under the year program goals. -Defines 5 Consolidated Plan2026 -2022 Planning Process community members.sure services are accessible to Review current partnerships and make 02 Partnerships services.City can foster to provide necessary Identify other potential partnerships the 03 Targeted Approach community.we continue to meet the needs of the Ensure the Con Plan stays relevant and 01 Community Need Application for Housing and Public Services open April 1 to April 30. Potential Applications opening soon:Infrastructure PROJECTS ServicesHousing Childcare Scholarships•Emergency Rental Assistance•Potential projects include:Public Services Homeowner Repair•Homebuyer Assistance•Potential projects include:Housing.StudyLMA Walkability identified in the Improve walkability in areas •Infrastructure ImprovementsPublic Facility and Fair Primary Fair Housing focus is education and providing resources.*While 34 Meridian residents reported a fair housing violation in the AI survey, Idaho Legal Aid only received 17 complaints,organizationsmanagement/rental property Provide education to rental •Potential PY24 Actions:Can/Ada Collaborative•Idaho Fair Housing Forum•Fair Housing Training•Ongoing Actions:pertained to people renting housing.All documented fair housing violations Housing Violations in the Rental Impediment 3: Concern w/ Fair Fair Housing Webpage•Fair Housing Month Proclamation•Update Language Access Plan •Find Opportunities to Educate•Potential PY24 Actions:Radio Campaign•Can/Ada Collaborative•Ongoing Actions:residents in filing a complaint.Provide greater outreach and support to Community Feedback*Complaints out of Sync w/ Impediment 2: Lack of receiving federal funding)Fair Housing Testing (IFHC currently •On Hold:Collect Data on Calls to the City•Resources Refer Residents to Appropriate •Identify a Fair Housing Contact •Potential PY24 Actions:Request Information•Ongoing Actions:violations.The City was not collecting information on Fair Housing ViolationsImpediment 1: Lack of Data on Housing Con Plan. Three impediments were identified in the current AI.2026 -The Analysis of Impediments to Fair Housing (AI) coincides with the 2022 Housing and Public Service Applications June 11 to July 14: Draft Action Plan Available for Public CommentLate May: Scoring Committee Recommends ProjectsEarly May: Scoring Committee ReviewApril 30: Application ClosesApril 16: Application WorkshopApril 1: Application Openservices available to Meridian residents. Provide feedback on community needs and potential partnerships for What Can You Do? PROVIDE YOUR FEEDBACK 0575-489)208(org.ccampbell@meridiancity PROGRAMCDBG.org/cdbgmeridiancityhttps://