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2024-11-06 Work Session
CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Wednesday, November 06, 2024 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Doug Taylor Councilman John Overton Councilwoman Anne Little Roberts Councilman Brian Whitlock Councilwoman Liz Strader Councilman Luke Cavener Mayor Robert E. Simison ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilwoman Strader, Seconded by Councilman Overton. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock, Councilwoman Strader, Councilman Cavener 1. Approve Minutes of the October 15, 2024 City Council Work Session 2. Approve Minutes of the October 15, 2024 City Council Regular Meeting 3. Approve Minutes of the October 22, 2024 City Council Work Session 4. Approve Minutes of the October 22, 2024 City Council Regular Meeting 5. Prescott Ridge Subdivision No. 2 Sanitary Sewer and Water Main Easement No.1 (ESMT-2024-0150) 6. Sagarra Subdivision No. 2 Sanitary Sewer and Water Main Easement No. 3 (ESMT- 2024-0151) 7. Sagarra Subdivision No. 2 Full Release of Sanitary Sewer and Water Main Easement Instrument No. 2024-006171 (ESMT-2024-0152) 8. Freedom Bagel Bakery Water Main Easement No. 1 (ESMT-2024-0153) 9. S. Benchmark Way and W. Cobalt Dr. Sanitary Sewer and Water Main Easement No. 3 (ESMT-2024-0155) 10. TM Creek Subdivision No. 7 Sanitary Sewer and Water Main Easement No. 2 (ESMT-2024-0156) 11. Final Plat for Prescott Ridge Subdivision No. 5 (FP-2024-0019) by KM Engineering, generally located 1/4 mile south of W. Chinden Blvd. on the west side of N. Rustick Oak Way. 12. Findings of Fact, Conclusions of Law for Pivot Point Subdivision (H-2024-0029) by KB Homes, generally located south of W. Pine Ave. and east of N. Black Cat Rd. 13. Findings of Fact, Conclusions of Law for Calvary Chapel (H-2024-0020) by Calvary Chapel Meridian, located at 2600 W. Nelis Dr. 14. Findings of Fact, Conclusions of Law for Life Church (H-2024-0024) by Ella Passey, Land Group, located at 3323 E. Commercial Ct. 15. Final Order for Promenade Cottages No. 1 (FP-2024-0001), by A Team Land Consultants, located at 403 E. Fairview Ave. 16. Final Order for U-Haul Franklin Building B Access (CR-2024-0001) by Hillside Architecture PLLC, located at 1030 W. Franklin Rd. 17. Development Agreement (Burnside Ridge Estates H-2023-0055) Between City of Meridian and Linder Holdings, LLC and Colleen K. Kelly, and C. Brent Jackson, for Property Generally Located Southwest of the W. Victory Rd. and S. Linder Rd. Intersection 18. Development Agreement (Taylor Annexation H-2023-0062) Between City of Meridian and Robert Taylor for Property Located at 3840 E. Overland Rd. 19. Development Agreement (Idaho State University H-2024-0027) Between City of Meridian and Idaho State University for Property Generally Located on the West Side of S. Locust Grove Rd., Midway Between E. Franklin Rd. and E. Overland Rd. 20. Final Order for Julia Subdivision (FP-2024-0009), by Ackerman-Estvold, located at 2435 N. Black Cat Rd. 21. Development Agreement (Firenze Plaza H-2024-0007) Between City of Meridian and First Meridian Limited Partnership for Property Located at 3182 E. Mount Etna Dr. 22. Award of Bid and Resulting Contract for the Wastewater Resource Recovery Facility Tertiary Filtration Facilities – Construction project to RSCI, Inc. for the Not- To-Exceed amount of $31,047,000.00 with $22,500,000.00 funded in Fiscal Year 2025 and $8,547,000.00 funded in Fiscal Year 2026 23. Development Agreement (Ferney MDA H-2023-0034) Between City of Meridian and Franklin Storage, LLC for Property Located at 4160 E. Lanark St. 24. Approval of Task Order 11083.d to JUB Engineers, Inc. for the Well 24 Water Treatment Facility Design project and for the Procurement Manager to sign for the Not-to-Exceed amount of $329,800.00. 25. Approve award of Purchase Order #25-0094 to Columbia Electric for the Tertiary Filtration Facilities VFD’s for the Not-To-Exceed amount of $267,836 26. Approve Award of Bid and Equipment Contract to Advanced Electrical Technologies for the Tertiary Filtration Electrical Package 2 for MCC, PLC’s & Comm Panels for the Not-To-Exceed amount of $340,000.00 27. Fiscal Year 2025 Net-Zero Budget Amendment in the Amount of $524,378.00 to accept the Fiscal Year 2025/Program Year 2024 Community Development Block Grant (CDBG) Award 28. Subrecipient Agreement Between City of Meridian and Boys and Girls Clubs of Ada County, Idaho, Inc. in the Amount of $34,959 for Program Year 2024 Community Development Block Grant Funds for the Youth Scholarship Program 29. Subrecipient Agreement Between City of Meridian and NeighborWorks Boise for Program Year 2024 Community Development Block Grant Funds for Homeowner Repair Program 30. Subrecipient Agreement Between City of Meridian and The Jesse Tree of Idaho in the amount of $43,698 for Program Year 2024 Community Development Block Grant Funds for Emergency Rental Assistance 31. City of Meridian Financial Report - September 2024 ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 32. Mayor’s Youth Advisory Council Update 33. Request from Nick Rinker for Connection to the City Water System Outside City Limits at 330 N Linder Rd. 34. Agreement for Provision of Water Service Outside Meridian City Limits: 330 N. Linder Rd. Approved Motion to approve made by Councilwoman Strader, Seconded by Councilman Overton. Voting Yea: Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock, Councilwoman Strader, Councilman Cavener Abstaining: Councilman Taylor 35. Fiscal Year 2025 Budget Amendment in the Amount of $81,227 for the Police Department Admin Roof & RTU Replacement Project Approved Motion to approve made by Councilman Overton, Seconded by Councilwoman Little Roberts. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock, Councilwoman Strader, Councilman Cavener 36. Approve AIA A133 amendment for the Not-to-Exceed amount of $835,171.00 to Kreizenbeck LLC for the Police Department's Re-roof and RTU Replacement Project Approved Motion to approve made by Councilman Overton, Seconded by Councilwoman Little Roberts. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock, Councilwoman Strader, Councilman Cavener 37. American Rescue Plan Act (ARPA) Project Funding Update 38. Parks and Recreation Department: Settlers Park Expansion and Future Community Center ADJOURNMENT 5:53 PM Meridian City Council Work Session November 6, 2024. A Meeting of the Meridian City Council was called to order at 4:30 p.m. Tuesday, November 6, 2024, by Mayor Robert Simison. Members Present: Robert Simison, Luke Cavener, Liz Strader, John Overton, Doug Taylor, Anne Little Roberts and Brian Whitlock. Other Present: Chris Johnson, Bill Nary, Kyle Radek, Sahand Rahbar, Steven Siddoway, Berle Stokes, Kris Blume and Dean Willis. ROLL-CALL ATTENDANCE X Liz Strader X Brian Whitlock Anne Little Roberts _X_ John Overton _X_ Doug Taylor _X_Luke Cavener X Mayor Robert E. Simison Simison: Council, we will call this meeting to order. For the record it is Wednesday, November 6th, at 4:30 p.m. We will begin this afternoon's work session with roll call attendance. ADOPTION OF AGENDA Simison: Next up is adoption of the agenda. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I move that we adopt the agenda as published. Overton: Second. Simison: I have a motion and a second to adopt the agenda as published. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted. MOTION CARRIED: ALLAYES. CONSENT AGENDA [Action Item] 1. Approve Minutes of the October 15, 2024 City Council Work Session 2. Approve Minutes of the October 15, 2024 City Council Regular Meeting Meridian City Council Work Session November 6,2024 Page 2 of 31 3. Approve Minutes of the October 22, 2024 City Council Work Session 4. Approve Minutes of the October 22, 2024 City Council Regular Meeting 5. Prescott Ridge Subdivision No. 2 Sanitary Sewer and Water Main Easement No.1 (ESMT-2024-0150) 6. Sagarra Subdivision No. 2 Sanitary Sewer and Water Main Easement No. 3 (ESMT2024-0151) 7. Sagarra Subdivision No. 2 Full Release of Sanitary Sewer and Water Main Easement Instrument No. 2024-006171 (ESMT-2024-0152) 8. Freedom Bagel Bakery Water Main Easement No. 1 (ESMT-2024-0153) 9. S. Benchmark Way and W. Cobalt Dr. Sanitary Sewer and Water Main Easement No. 3 (ESMT-2024-0155) 10. TM Creek Subdivision No. 7 Sanitary Sewer and Water Main Easement No. 2 (ESMT-2024-0156) 11. Final Plat for Prescott Ridge Subdivision No. 5 (FP-2024-0019) by KM Engineering, generally located 1/4 mile south of W. Chinden Blvd. on the west side of N. Rustick Oak Way. 12. Findings of Fact, Conclusions of Law for Pivot Point Subdivision (H- 2024-0029) by KB Homes, generally located south of W. Pine Ave. and east of N. Black Cat Rd. 13. Findings of Fact, Conclusions of Law for Calvary Chapel (H-2024- 0020) by Calvary Chapel Meridian, located at 2600 W. Nelis Dr. 14. Findings of Fact, Conclusions of Law for Life Church (H-2024-002 4) by Ella Passey, Land Group, located at 3323 E. Commercial Ct. 15. Final Order for Promenade Cottages No. 1 (FP-2024-0001), by A Team Land Consultants, located at 403 E. Fairview Ave. 16. Final Order for U-Haul Franklin Building B Access (CR-2024-0001) by Hillside Architecture PLLC, located at 1030 W. Franklin Rd. 17. Development Agreement (Burnside Ridge Estates H-2023-0055) Between City of Meridian and Linder Holdings, LLC and Colleen K. Kelly, and C. Brent Jackson, for Property Generally Located Southwest of the W. Victory Rd. and S. Linder Rd. Intersection Meridian City Council Work Session November 6,2024 Page 3 of 31 18. Development Agreement (Taylor Annexation H-2023-0062) Between City of Meridian and Robert Taylor for Property Located at 3840 E. Overland Rd. 19. Development Agreement (Idaho State University H-2024-0027) Between City of Meridian and Idaho State University for Property Generally Located on the West Side of S. Locust Grove Rd., Midway Between E. Franklin Rd. and E. Overland Rd. 20. Final Order for Julia Subdivision (FP-2024-0009), by Ackerman- Estvold, located at 2435 N. Black Cat Rd. 21. Development Agreement (Firenze Plaza H-2024-0007) Between City of Meridian and First Meridian Limited Partnership for Property Located at 3182 E. Mount Etna Dr. 22. Award of Bid and Resulting Contract for the Wastewater Resource Recovery Facility Tertiary Filtration Facilities — Construction project to RSCI, Inc. for the Not-To-Exceed amount of $31,047,000.00 with $22,500,000.00 funded in Fiscal Year 2025 and $8,547,000.00 funded in Fiscal Year 2026 23. Development Agreement (Ferney MDA H-2023-0034) Between City of Meridian and Franklin Storage, LLC for Property Located at 4160 E. Lanark St. 24. Approval of Task Order 11083.d to JUB Engineers, Inc. for the Well 24 Water Treatment Facility Design project and for the Procurement Manager to sign for the Not-to-Exceed amount of $329,800.00. 25. Approve award of Purchase Order#25-0094 to Columbia Electric for the Tertiary Filtration Facilities VFD's for the Not-To-Exceed amount of $267,836 26. Approve Award of Bid and Equipment Contract to Advanced Electrical Technologies for the Tertiary Filtration Electrical Package 2 for MCC, PLC's & Comm Panels for the Not-To-Exceed amount of $340,000.00 27. Fiscal Year 2025 Net-Zero Budget Amendment in the Amount of $524,378.00 to accept the Fiscal Year 2025/Program Year 2024 Community Development Block Grant (CDBG) Award 28. Subrecipient Agreement Between City of Meridian and Boys and Girls Clubs of Ada County, Idaho, Inc. in the Amount of $34,959 for Meridian City Council Work Session November 6,2024 Page 4 of 31 Program Year 2024 Community Development Block Grant Funds for the Youth Scholarship Program 29. Subrecipient Agreement Between City of Meridian and NeighborWorks Boise for Program Year 2024 Community Development Block Grant Funds for Homeowner Repair Program 30. Subrecipient Agreement Between City of Meridian and The Jesse Tree of Idaho in the amount of $43,698 for Program Year 2024 Community Development Block Grant Funds for Emergency Rental Assistance 31. City of Meridian Financial Report - September 2024 Simison: Next up is the Consent Agenda. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I move that we approve the Consent Agenda, for the Mayor to sign and Clerk to attest. Little Roberts: Second. Overton: Second. Simison: I have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: ALLAYES. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items moved from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 32. Mayor's Youth Advisory Council Update Simison: So, we will go on to Department/Commission Reports. First item up is Item 32, the Mayor's Youth Advisory Council. I will turn this over to Sahand for some introductions. Meridian City Council Work Session November 6,2024 Page 5 of 31 Rahbar: Mr. Mayor, City Council Members, good afternoon. Thank you once again for providing us with the opportunity to come before you and provide some updates about the goings on of the Mayor's Youth Advisory Council. In terms of timing our program is active during the school year, so our schedule actually aligns with the West Ada School District's academic calendar. They have got classes that start in August and end in May, so our program is usually active with scheduled meetings starting in August and ending in about May and I provide that little bit of context to you just so you know that this is our first presentation to you for the new MYAC school year. So, a lot of what you will be hearing about what is going to consist of some of the focuses, the projects and the meetings that they have had during the first couple of months that they have been meeting, as well as a little bit of a road map at what they are looking to do in the next month or two ahead and so with that I am going to ask the two student leaders who are here today with me to come up and share some slides that they have prepared for you and -- and I will turn things over to them. Simison: Thank you, Sahand. Wright: Okay. So, I'm Elizabeth Wright. I'm an 11th grader and I'm from Renaissance High School. Mele: I'm Lillian Mete and I am from Meridian High School and I'm an 11th grader as well. And, then, I'm the communications coordinator. Wright: And, then, I'm the community service chair. Mele: So, we have the Associate Association of Idaho Cities that was the AIC conference in June where MYAC executives came to that event. In that event we met with other MYACs and learned about their input and how they deal with their council and we also participated in workshops and service projects where we learned more about leadership skills and how we can help benefit our council, as well as like the whole of the communities and what we can add. And, then, we also took the experiences we had at this event and applied it to our general council meetings. We had like a vision web activity recently that helped build a lot of leadership and show roles. Wright: Yes. We also received an award for the #dotheright community fair that MYAC helped plan in Meridian Middle School. Mele: Okay. So, for our MYAC kick-off party at Wahoo's that was our first major event of the school year where we gathered with people to talk about what MYAC is and how we help benefit the community and how it also helps students be a part of like a community where we can learn more about each other and be with similar people. So, our parents came and also kids and, then, we bowled and just hanged out and knew each other and it's more of like a social hangout where they learn more about us while we get to kind of communicate with each other and have team building. Meridian City Council Work Session November 6,2024 Page 6 of 31 Wright: Parents also got the opportunity to ask any questions to us or Sahand about our leadership. And, then, a lot of the posters that we now have made are around schools. So, there is a lot around Renaissance and Meridian and Mountain View and Rocky. We are sending more out to others as well. Mele: Okay. So, for our next thing is the Pumpkin Patch trip, which was in Lowell Family Farmstead. That was more of just like a social opportunity, but also a recruitment event for more MYAC'ers who would want to join. But it was mostly just for better bonding between our community, because most of the time we are in the MYAC group meetings, but we never really get to talk more about each other. So, that was more of a thing whereas we can build more friendships and become closer. And there was also like 13 youth that was gathered at that meeting. Wright: Being able to go to the Farmstead brought a lot of just valuable leadership. It really showed -- like when we went through the corn maze we split up into some basic groups and it helped provide like roles and standpoints. Mele: Okay. So, the next community service event that we did was the Walk to End Alzheimer's. That is a community service project that we participate in every year and that we just helped cheer on and support walkers and this is a very valuable thing, because we are help supporting a community that needs us and it's just to show our kindness and the care for who the people are around us. Wright: Yeah. So, we were able to help set up and take down the event along with kind of walk it and make sure everyone feels supported. Mele: So, for our general council meetings we usually just have ice breakers at the start and that's more for social buildings and, then, we bring guest speakers who teach us a lot of important concepts, whether it has to be a leadership or about voting rights and, then, we break up into small groups and plan projects. So, community service. Works -- work groups would have their own separate group and, then, so would government affairs projects or when we would have certain events like friendsgiving, then, we would -- they would have their own split group where they can learn and plan about what will happen that day. Wright: And, then, actually looking forward to our friendsgiving we are doing another event Faces of Hope. The Faces of Hope and we are having Faces of Hope come and we are going to make a whole bunch of bracelets for them and just have them speak for us, even at this extra-curricular activity that isn't necessarily required to come to. Mele: Yeah. So, some of the activities that we do in general council meeting that we have done so far is Vision Web and that talks a lot more about leadership and that also happened in AIC. So, we brought that here for our general council. We also did voting information received by Kobe Bond, which is a senior in Renaissance High School and he is a part of They Vote, which is talking about how young people can help with voting rights, whether they still would not be allowed to vote. And, then, we did voting Meridian City Council Work Session November 6,2024 Page 7 of 31 simulations, which helped us learn more about open primaries and closed primaries. And, then, we held like elections with two vacancies, which is we needed to do a bi- election for who would become service vice chair and who would be government affairs vice chair. Wright: And, then, moving forward we actually have a lot of really exciting things planned for our general counsel. We have really large activities that we are hoping to get them involved in having to do a lot more with government affairs. Mele: And, then, lastly we have our Treasure Valley Youth Summit and that's like the major event that we hold every year. It is very fun. We learn a lot about leadership. Also the good influences of not doing drugs and how to be a good citizen to society. We brought over 90 students from high school in Meridian for like this all day conference with different safety topics where we did go karts and that's like distracted driving. So, what does it feel like driving when you are texting with someone or mini golf which has the integration goggles and that's like how do you feel -- how do you do when golfing when you are drunk or smokescreen documentary, which talks about how like drugs and marijuana -- how it affects you and your body and public service announcement is just talking about safe driving. Put your seatbelt on and we kind of enacted out different skits of what would happen if you didn't do that. Wright: Also had a great opportunity to learn from our SROs around us and a lot of SROs that many of the children knew from our -- from the schools that they had come from, we really opened it up to the sources of strength at schools and hoped that they would come and represent their schools. Mele: Yep. And, then, we have our trunk or treat and that happened recently on October 24th and that was just us putting -- wearing minion costumes and, then, giving out to little kids candies, but also giving out voting flyers to the adults who could participate for open voting. And our upcoming plans are Rake Up Meridian I organized that event. That's going to be on November 9th at 11:00 a.m. Wright: And, then, we have Thanksgiving on November 14th where Lillian talked about how we are going to be making friendship bracelets, but also learning more about the mission of Faces of Hope. And, then, we have our NOC -- NLC conference funding, which is we are going to be funding for executive trip to go to Washington DC for NLC. And, then, as well as those other government affairs opportunities that we are bringing around that we don't have quite set pictures for you yet. They are going to be new things. And, then, as well as a couple communication opportunities, like just bettering leadership skills and just communicating with your peers. Mele: Yep. Thank you. Simison: Excellent. Thank you. Council, any questions or comments? Little Roberts: Mr. Mayor? Meridian City Council Work Session November 6,2024 Page 8 of 31 Simison: Council Woman Little Roberts. Little Roberts: Mr. Mayor. Ladies, great job. It never ceases to amaze me the wonderful things that MYAC does and so just so appreciate your involvement, your forethinking, your learning. I mean you are the future of our country. So -- so, great job. Wright: Thank you so much. Taylor: Mr. Mayor? Simison: Councilman -- and, sorry, I did not get a lot of sleep, so -- Taylor: You can say hey you. That's fine. Just -- I'm just curious can you explain how Snack-tocracy works? Is that a game you guys played? I -- I just saw that on your flyer and I was waiting to hear about it, but -- Wright: Oh, yeah. That was a game that Sahand actually came up with on like pre- planned with no like sources or anything. I think it -- it was we represented two different types of voting. So, we did the raking voting and we did the voting that we currently have in Idaho and, then, open primaries. Yeah. And, then, it was like about like three different parties. So, you are given kind of like tickets and it's like, okay, you are for the sweet party, okay, you are for the salty party and, then, you have one where you are just independent voting and it shows us how different -- because you have -- because it's kind of like they give you a role of what you are and, then, how you must vote according to it. So, then, when you are playing for closed primaries you have to vote according to that and see how that changes the results for the votes and how different it is from open primaries and how -- how would it be depending on if you are sweet, salty or independent. Mele: Sahand also had the opportunity to try to get us the correct snack for the next meeting with the bi-elections. Simison: And I will just say this. Sahand did an excellent job in my opinion of explaining the ranked choice voting process. So, if it had become law I was going to nominate him to educate the rest of Idaho, but you are off the hook, Sahand. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I think as a -- as a member of the salty party I want to commend you both on a -- on a great report. I love hearing what MYAC has going on and, Mayor, I think to your point just a point to really commend Sahand. He does a great job as the advisor for this program. I know it's the Mayor's Youth Advisory Council, Mayor, and I commend you for being involved and I think we all know this program wouldn't be as successful if it wouldn't be for Sahand and so want to just take a moment and thank him. And, then, Meridian City Council Work Session November 6,2024 Page 9 of 31 my question is Rake Up Meridian Saturday, do you need extra rakers, people to come help and -- and serve with you? If so we would encourage you to invite the City Council. Council's doing Rake Up Meridian on Friday, but I have teenagers who love to rake and be happy to volun-tell them to come help you guys out on Saturday if you need the extra set of hands. Mele: Well, I think that would be a good idea. I think always having more people is better for the community. Cavener: Great. Look forward to seeing the address. Thanks, guys. Mele: Thank you. Simison: Thank you very much and just kind of -- to give Council maybe one little thing, they have done a really good job of actually expanding MYAC into other schools this year. You know, the last couple years we have been very Renaissance heavy. I'm not saying it's still not Renaissance heavy, but the executive committee is -- has representation from four schools if I'm not mistaken off the top of my head, as well as we have seen a lot more young gentlemen participate in MYAC both in the meetings as well as on the executive. So, it's -- it's been nice to, you know, kind of taking a little while to get out of the -- I think the old COVID and into a little routine and getting -- getting out in that context and it's been a great way to see MYAC have different conversations in that context. So, kudos to the work that you guys have done in -- in spreading the word to get others interested in MYAC. Mele: Thank you. 33. Request from Nick Rinker for Connection to the City Water System Outside City Limits at 330 N Linder Rd. Simison: All right. Enjoy. And the chair would have been here, but she's upstairs volunteering for her appointment to the Arts Commission, so she's doing double duty. With that we will move on to Item 33, which is a request for Nick Rinker for connection to the city water system outside of city limits at 330 North Linder Road. Turn this over to Mr. Radek. Radek: Mr. Mayor, Council Members, yeah, this -- these requests come around like once or twice a year and just because our code says that we -- we don't allow connection outside the city limits unless Council approves it, so that's why we are here and everyone's just a little different. In this -- in this case Mr. Rinker already has an application in for annexation and zoning on this property and -- and they go to public -- or Planning and Zoning hearing on December 5th, but the -- the pump has failed in the well that they currently use and rather than spend money on replacing a pump when they are going to have to hook up city water anyway, better -- and we agree it's better to spend money abandoning that well and letting them hook up to water. The property is a house that was probably built in the 70s. It's been on a well and it actually hooked up Meridian City Council Work Session November 6,2024 Page 10 of 31 to city sewer sometime around 2015. So, the -- the home which will become an office after the annexation and zoning and the project is already hooked up to sewer and so the request is to allow Mr. Rinker to hook up to water prior to his annexation and -- and, of course, he will enter into an agreement for the provision of that water service as well, which is the next -- next item if you approve the first. And Mr. Rinker was trying to be here -- oh, you made it. So, he's available for any questions if you have any questions. Simison: Thank you, Kyle. Council, any questions for Kyle or for Mr. Rinker? Little Roberts: Mr. Mayor? Simison: Council Woman Little Roberts. Little Roberts: Kyle, what's the process or who manages the process of closing down the well that -- because in the notes it talked about how critical it is to make sure that that is done properly. Radek: Council Member Little Roberts, Mr. Mayor, make it a requirement in the -- in the agreement and so before we set a meter in there our -- our water department will -- will inspect and make sure that -- that there is no connection at all to the house and, then, we will ask Mr. Rinker to provide the abandonment report from the Department of Water from the driller. The driller submits that to the Department of Water Resources and so we will ask for that as proof that the well has been abandoned. Little Roberts: Great. Thank you. 34. Agreement for Provision of Water Service Outside Meridian City Limits: 330 N. Linder Rd. Simison: Council, any additional questions? Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Just to make a note, I'm going to recuse myself from the vote as I have a personal relationship with Mr. Rinker. Simison: Okay. Thanks very much. Okay. Then with that, Council, we will move on to Item 34, which is agreement for provision of water service outside Meridian city limits at 330 North Linder Road. Strader: Mr. Mayor? Simison: Council Woman Strader. Meridian City Council Work Session November 6,2024 Page 11 of 31 Strader: I move that we approve Item 34, the provision of water service for 330 North Linder Road. Overton: Second. Simison: Have a motion and a second to approve Item 34. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it with -- with one person recusing themselves from the vote, so it's five zero. Okay. Good luck and thank you. MOTION CARRIED: FIVE AYES. ONE RECUSE. 35. Fiscal Year 2025 Budget Amendment in the Amount of $81,227 for the Police Department Admin Roof & RTU Replacement Project Simison: All right. With that we will move on to 30 -- Item 35, which is fiscal year 2025 budget amendment in the amount of 81 ,227 dollars for the Police Department admin roof and RTU replacement project and I will turn this over to Mr. Freitag. Freitag: Mr. Mayor, Members of Council, good afternoon. Thanks for giving me a minute on this. So, yeah, we are asking for a budget amendment. This is related to an FY-25 project that's been approved. We finally got our bid -- final bid in and we are a little under. So, the budget request is for 81,227 dollars to make us whole on this, so we can proceed forward with replacing the roof on the Police Department administration building and I will stand for questions if anybody has any. Simison: Council, any questions? Okay. Is there a motion? You are Council Member -- I'm going to write people's names down, because it's not working today. Overton: We need to turn all our signs tonight facing you. Okay. Mr. Mayor, I move that we approve fiscal year 2025 budget amendment in the amount of 81 ,227 dollars for the Police Department admin roof and RTU replacement project. Little Roberts: Second. Simison: I have a motion and a second to approve item 35. Is there a discussion? If not, Clerk will call the roll. Roll Call: Cavener, yea; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea; Whitlock, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: ALLAYES. Meridian City Council Work Session November 6,2024 Page 12 of 31 36. Approve AIA A133 amendment for the Not-to-Exceed amount of $835,171.00 to Kreizenbeck LLC for the Police Department's Re-roof and RTU Replacement Project Simison: Next item up is Item 36, which is to approve the AIAA133 amendment for not to exceed amount of 83,171 dollars to Kreizenback, LLC, for the police department's re- roofing and RTU replacement project. Freitag: Yeah. Mr. Mayor, Members of the Council, so this is the contract amendment for that item that you just approved for the budget amendment. So, again, I will stand for questions if you have any. Simison: Any questions, Council? If not, do I have a motion? Overton: Mr. Mayor? Simison: Councilman Overton. Overton: I move that we approve AIAA133 amendment for the not to exceed amount of 835,171 dollars for Kreizenbeck, LLC, for the Police Department's re-roof and RTU replacement project. Little Roberts: Second. Simison: I have a motion and a second approve Item 36. 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: ALLAYES. Freitag: Thank you. 37. American Rescue Plan Act (ARPA) Project Funding Update Simison: Have fun. Next item up is Item 37, American Rescue Plan Act project funding update. Mr. Miles. Miles: Good afternoon, Mayor and Council. Here to give you an update on the status of the ARPA program and the funding that we have been awarded by the federal government. Last we were here was almost a year ago, November 14th last year. During that time and since then we have been able to work with Public Works, get the biosolids project through the design phase and the bid process. So, thought it's a good time to come back to you as we promised that we would talk about where we stand with the funding. I did provide you a memo last week. The information there is still accurate. We were able to get any of the few questions we had yesterday answered. As a reminder, we were rewarded roughly 12.8 million dollars. We have fully obligated to Meridian City Council Work Session November 6,2024 Page 13 of 31 date about 1.8 million of those dollars and expended 1.6 million of those dollars, approximately, with the lion's share remaining in the Public Works project that is now sitting -- or will be sitting before you under contract. That project came in a little bit over estimates. Our initial estimates I think were around 4.8. The construction came in at 5.7 million and really just here in front of you to continue to ask you that we are on the right path funding the biosolids project. The approximate cost with a 5.7 million in construction and, then, the additional services would come in about 7.4 million, along with some contingency on that and, then, the strategy that we discussed last year with Council was that we would use the remaining funds to then allocate through the revenue loss formula towards the police and fire stations as we looked at the allowable cost that we can apply that money to. What makes the most sense from a reporting standpoint and from a federal guidelines reporting standpoint is to attribute that roughly -- I think it's 3.4 million dollars would be left, obligate that to the fire station through the revenue loss, because that would require us just to do one project, one reporting and that would expend all of those funds. My mic just went out. So, that's sort of where we stand with the ARPA program. Again, aligned with our philosophies that we have been tracking one time expenditure with capital projects that -- with the goal to lower long- term operational costs and meet ongoing investment needs. I think as we talked with Public Works the questions always become would we do this project regardless of ARPA and the answer is yes. So, it makes sense to do it with the ARPA funds, get it done. We have got the opportunity to move it forward. So, I think that sort of captures the big picture. I will leave it to you for any questions and comments and open discussion. Simison: Thank you, Dave. Council, any questions, comments? Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: David, just a quick question. According to the -- the requirements the funds need to be obligated -- meaning identified towards a particular project and, then, expended within two years of that. So, by, what, 20 -- December 31, 2026, the funds need to be out the door or they need to be -- I mean can you just clarify some of the timelines on what we are talking about with the funding? Miles: Yeah. Mr. Mayor, Councilman Taylor, you are -- you are a hundred percent correct. We need to officially obligate, which by the Treasury guidelines means formal contract approved by Council. In some projects like the revenue loss that can also mean unauthorized and formal MOU, because it's money going to a project that the city owns. That has to be done by December 31st of this year. That's the obligation. The project funds have to be expended by December 31 st of 2026. Taylor: Mr. Mayor, quick follow up. Simison: Councilman Taylor. Meridian City Council Work Session November 6,2024 Page 14 of 31 Taylor: And if we don't obligate those funds by the end of this year what happens? Miles: What we have been told is the money will likely be clawed back by the federal government. However, I don't know that they fully want it either. It's been an interesting project program to sort of walk through the regulations and I think the Treasury is still trying to figure out -- they really want the money to be expended. What it would look like going back I couldn't tell you, but I think that's what would happen is that it would claw back. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Are you looking for feedback from everybody? Action? Some kind of, you know -- assuming a contract will come before us and everything; right? And before the end of the year. So, just looking for feedback from everybody that we are still supportive or -- or what would help? Miles: Mr. Mayor, Council Woman Strader, thank you. Yes, we are looking for just general direction today. Head nods today good enough. We would come back with you. I just got information that we bring the Public Works contract back to you November 19th would be the goal and, then, shortly thereafter, one or two weeks, as long as it takes for us to get the contracts for the fire station written up, make sure that our auditors are happy with the language and that the consultant that we have on board are happy with the language. We bring that back to you after the 19th. So, that would be the stair step process. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Got it. I remain in support of this and for the reason that you mentioned, which is, you know, having a lot of in-depth discussions with you and with Laurelei and the whole team it's a great project. It's very innovative. It reduces the future operating costs for the city and it's something that we would pursue anyway. It's also in alignment with reducing trips to the landfill, extending the life of the landfill and keeping trucks off the road, those are all objectives that I think align well with our Council's direction. So, I'm definitely in support of it and I would love to see it move forward as outlined in your memo. Simison: And one thing I don't know if it will come forward, but in conversations with Laurelei we are reducing the contingency down from what we normally do, so we don't leave extra money into the project. If for any reason the contingency goes over, then, they would bring a budget amendment for any nexus that would be necessary from the city to cover that, but we felt that was a better approach rather than put in the full amount that might not be utilized. There still may be some that doesn't get utilized Meridian City Council Work Session November 6,2024 Page 15 of 31 specifically if it -- they stay completely on budget, but it is a smaller contingency that we normally would have on projects that's going to be brought forward. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Just a comment. I think if you look at sort of the -- the plan with this, I -- I think it -- I think it will be really interesting to see what other uses we can derive from this longer term that we are maybe not anticipating today, but I think -- I think it makes sense. My feedback would be -- I mean that funding is there. Whether we liked it there or not it's there and we have an obligation to either use it or not. So, I think putting it to good use in a way that makes some sense for the city is a good idea. So, I think we are on track. Thank you. 38. Parks and Recreation Department: Settlers Park Expansion and Future Community Center Simison: Thanks. All right. With that we will move on to Item 38, which is Parks and Recreation Department Settlers Park expansion and future community center. Mr. Siddoway. Siddoway: Thank you, Mayor, Members of the Council. While Chris is bringing up the presentation I just want to say that I'm grateful to be here tonight presenting this, since this conversation has been in development for a long time and to be to a point where we are actually talking about possible floor plans and -- and -- and plans is quite exciting to me. I wanted to recognize first off in the audience Lance Fish with ZGA Architects. They are our architect on this project. I also want to recognize Garrett White in our department is the -- the -- the project manager, kind of managing the -- the project as it's moving forward. But appreciate Lance's efforts on what I'm going to show you tonight. So, first of all just a quick reminder of the location. You can see in front of you the location is next to Settlers Park. Earlier this year we purchased the -- a little over 11 acres from the West Ada School District west of the ball fields and that would be -- that -- that is the location as an expansion of Settlers Park. About call it three to four acres would probably be taken up by the actual community center project and, then, the balance will be part of the expansion of the park, which I will show you tonight. Also just a reminder that we do have a guiding document that's helping us move forward and we continually share this back and forth with Council over the last four or five years, but it summarizes the building program, the -- the types of -- of rooms that are in it. It's based on all the public feedback to date from the surveys that we have done with the community open houses during the master plan plot -- master plan process and feedback from the Council, as well as the Commission, and we also know that this vision will continue to evolve as we go through this process, talk with the community, get their feedback and come back to Council. So, some of the key features of this community center -- the first bullet has become more and more important over time and that's access control. I just want to highlight that a little bit, because we are working to Meridian City Council Work Session November 6,2024 Page 16 of 31 minimize staffing needs at the -- at the community center. I will talk a little bit more about that. We do have a large flex space basically, the size of an elementary school gym, with a stage that can be used for musical performances and plays. It can be used for city events like the upcoming Children's Winterland Festival. It can be used for a variety of different sports activities. We also have three different multi-purpose classrooms, one that can focus on the needs for camps on one end of the building and two on the other side that will be flexible with a movable wall between them. There is specialty classrooms that we have talked about multiple times, like arts and crafts specific room, fitness, dance or yoga and a cooking classroom. There is also quite a bit of office and storage space and one of the things I hear over and over again talking to places that have built community centers is don't forget the storage. Everyone says they under -- under build the storage and they wish they had more. This last bullet is a possible fire prevention office location and the chief's here to address any questions related to that. But, basically, we have partnership with them right now at Homecourt Basics where they are inhabiting some of the existing office space there and the idea is that there might be a benefit in having them follow us to the new community center. Here is the floor plan. So, let me grab this mouse and just kind of walk us through it. If you can see the mouse, this -- this large space up at the top is the -- that large flex space, you can see the stage facing in what -- what you could think of like an elementary school gym. You can see some different sizes of there that would fit one basketball court, two volleyball courts or three pickleball courts. We can teach instruction classes in there for pickleball 101 or we can use it for overflow. I can tell you we are turning away teams left and right in our adult sports program and we are already desperate for more gym space. We are talking with the school district. We are doing a variety of things to help with that, but this is one possible help, but it -- it -- it's a very flexible space that could be used for a variety of things, including events, sports and performances. Let me just jump to the -- if you can see the -- where the mouse is right now, this is -- this is the main entrance. Comes into a lobby and a reception area and you get a glance into the -- the flex space from there. Let me point out these lines here -- we have access control doors at this location and, then, right over here at this location that we could block off an entire wing if we wanted to control one side or the other and, then, the doors to each of the individual classrooms would also be intended to have access controls. Again, part of that effort to minimize future staffing needs. This -- well, over here you can see where it says future fire. That -- that is the -- where we would add on fire if we end up with a partnership together there. It could be convenient for them to, you know, come in off of a separate site entrance and come in and out or through the front doors, wouldn't matter, but they could have the ability to interact with our mommy and me classes for child car seat safety or -- or whatever. Things like that, so -- but this classroom next to them -- can't find my mouse. It keeps disappearing. This classroom here would -- is one that could work for just about anything, but in the summertime specifically we have the ability to use it for like a summer camp location and to be able to have it right across from the gym with convenient access -- or restroom access and security control could actually secure that area off from the rest so that other -- other classes could be going on over here without needing to interact with the summer camp kid program. Behind the reception we have the one office and some cubicles, one conference space, because there will be, you know, just multiple meetings Meridian City Council Work Session November 6,2024 Page 17 of 31 with instructors and things that -- that need to happen at a place like this and, then, the -- the blue areas over here are basically the classrooms. We have got the two classrooms here with the movable wall between them. These rectangles on these three represent like garage door type openings that we could open and have indoor-outdoor uses, because we do have some green space and -- and patio uses behind there that I will show you in a minute. We also have the demonstration kitchen or a cooking classroom if you will. Sorry. My mouse is moving around. Trying to get it to stay put. The arts and -- arts and crafts room has an attached kiln room or storage room, so we can do some pottery classes and, then, a separate men's and women's restroom for this wing of the community center. So, I kind of want to spend most of my time on this, because I think this is kind of really the -- tells the story of how that -- that vision document actually looks in -- in terms of a floor plan. This is what it could look like from the -- from the front and we have another elevation of the -- the rear elevation. You could see this larger space here would be the -- that flex gym space and, then, these are some of those classrooms that have the -- the openings that can come out onto that -- onto that green space for some indoor-outdoor activities. Some sample renderings of what the interior might be. The top left -- is has the -- the front entry and the reception area and, then, from that entry looking into the -- into the building you can see that from sitting in this -- in this lobby you have a view into the -- that flex gym space is -- and this represents kind of that access control. If -- it could be open. We are just showing it here closed on either side just to show you what -- how the access control could work on either side of that -- of that lobby space. So, staffing. We would propose to use existing staff primarily to open the community center by focusing on two promotions, taking one existing rec coordinator and making them the facility manager and, then, taking what we currently have as a seasonal classes and camps coordinator and making that position full time to do the -- the -- the programming and things that the -- to assist that -- that facility manager. We -- we would move some of the existing recreation staff to the community center from City Hall to assist with that daytime coverage and they would still keep their own day jobs and just do what they do from there, as opposed to here, but just -- sometimes it's just a matter of having an extra, you know, bodies in the building to help with just eyes on the facility. Evenings and weekends we would do what we can with access control, like we do at the existing community center, or at basics of the Homecourt and we currently do not staff those and -- and they -- they work. I do expect that a larger facility of this, you know, may need -- will need some additional, you know, eyes on and so we have built into the CFP three future site supervisor positions, so that it can function long term more like the Homecourt does today based on that staffing model, but we have plugged them in out at 2030 is where we have them and that can move forward or backward as appropriate based on budgets. Let me just pause and ask if there is any questions about that. Strader: Mr. Mayor? Simison: Council Woman Strader. Meridian City Council Work Session November 6,2024 Page 18 of 31 Strader: That's helpful. The -- just so happens that a couple of us have been starting some work around the CFP. I actually thought -- I saw some headcount earlier in the CFP in 2030. So, I kind of just wanted to double check on that, what you were thinking. Siddoway: Well, I just checked it last week when I was building this and I -- I looked at the year and thought it said 2030. Does that sound right to you? Strader: Maybe I'm -- maybe it's me. It's probably me maybe. Maybe I'm conflating it with something else. Okay. Siddoway: We do have the -- you know, the construction and the O&M cost for the building in earlier than that, because we were hoping to open that in FY-28. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. That's kind of what I wanted to understand generally is kind of what is the updated timeline in terms of different milestones when we think the facility will be delivered and then -- so, your plan is to use existing staff to staff it and, then, it sounds like 2030 is when permanent staff would start. Do you really need three on-site supervisors? Because that's a pretty big ramp up to go from zero to three in five years. Siddoway: Yeah. Strader: So -- yeah. Siddoway: We -- we can -- we would need three to four 24/7 -- not 24/7. I'm sorry. But seven day a week until, you know, like 10:00 p.m. at night coverage if we want someone there on site. We can see how the first year or two goes and adapt that. We can phase them in or we can do them at once. But I think those -- all those can be on the table for future conversations. Simison: Or you leave it as is and you don't bring people on if that's -- if it's working and that's what's working. Those are the unknowns. Strader: Yeah. No. That's helpful. I just wanted to kind of understand where your head was at. Okay. Siddoway: I do have a timeline slide, but I -- it's plugged in here after I go over the site plan, so if -- if that's okay I will hold the -- hold the timeline and -- Taylor: Mr. Mayor? Simison: Councilman Taylor. Meridian City Council Work Session November 6,2024 Page 19 of 31 Taylor: Steve, just real quick before you move on. I kind of aligned with -- with timing of the day. What's -- if -- are we going to have evening access? We talked about having staff there during the weekdays. Would you stagger those potentially if there is evening activities or how do you kind of manage access on like -- if you do the two promotions how would they manage evening activities if we have it? Siddoway: Well, we are going to try it nonstaffed with badge access, kind of like giving an HOA access to City Hall after hours. It's -- how they -- just think about the current community center. We don't have a staff person there today. They have a code. They get in. They are responsible for, you know, locking up and making sure their class members leave when they -- when they go. You know, the -- the more complicated version is if there is three to five classes going on at once, you know, it's a little more complicated. It's -- it's easy to know if everyone's out if you are the only one there, which is kind of at our small community center how it works. But we can ask them to be responsible, you know, that we are going to have the swing open and -- and it's open until 10:00 and we can schedule it to lock down at a certain time. We can also, you know, give them badge access to open the doors and go into their classroom and our -- our -- our plan is to try and do it just through badge access and access control unstaffed and see how that goes. Simison: Maybe, Steve, to get to the -- have you thought about when the -- when the seasonal class coordinator is promoted full time what hours might they work -- be there at the facility? Noon to 8:00? Are you thinking only staff there from 8:00 to 5:00 each day? Siddoway: Right now the -- the -- using existing staff we are focused on 8:00 to 5.00. If we find that that needs to morph if we can have that conversation, but we are thinking of trying to get the coverage there 8.00 to 5:00 and, then, try using the access control in the evenings and on the weekends. We -- we think we may need some additional staff in order to, you know, use it to its full potential, but, you know, maybe we find that we can -- that it works well by having only a couple of classes in there at a time when it's unstaffed, as opposed to five or six. But those are the kind of things that we will need to live in to know. Simison: Okay. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: One last question and we will let you continue on, Steve. I'm kind of a trust and verify person. I like the idea of the access control. Are we planning on implementing any type of a security camera situation with this building as well so we know what's happening? Meridian City Council Work Session November 6,2024 Page 20 of 31 Siddoway: There would be security cameras, just like we do in -- in parks or elsewhere. So, yes, security cameras and access control. So, let's talk about the expanded view of the park expansion and the site layout of where the community would fit into that. So, the first thing I want to point out is that parking is a big deal and especially with the issues we have had with MYB patrons and parking in the neighborhoods and trying to give them more convenient parking next to the field they are trying to access. So, that 340 parking spaces that we are planning for includes the MYB overflow parking, as well as parking for the community center. It has the community center itself. One -- in our conversations about needs of that park, what comes up perennially is a dog park. So, we would look at incorporating a dog park into this new space. We put it as far as possible from existing residences, so that -- and -- and, then, put this open play green space closer to the residences and, then, include our pathway connections. So, here is what that would look like. I like this slide, because it really kind of emphasizes the -- the parking aspect. You can see the -- the parking lots that are closest to the -- the ball fields here and here and new accesses from that point up into the park or where those ball fields are. We think it will be very convenient and desirable parking for the ball field patrons and attract them to -- to that location. We would have the small and -- small and large dog park on this far south side. North is to the left on this photo. You can see Venable on the bottom. Now, I like this other view right here, because lest you think it's all asphalt this kind of emphasizes the green space. So, I use the -- the previous one to emphasize the parking, but this kind of shows you that, you know, it -- there is still a lot of green space on this site. You can see how the community center sits central to the site with the parking in front of it. We have got the -- the drop-off area in front of it. We have got a -- a playground behind it and some green -- some open space for some events that might want to happen there, like Children's Winterland Land Festival is the one I -- the one in my mind because it's coming up in a month, but put the quieter open spaces up against the existing residence, have a connection that goes up north to -- for our maintenance folks to be able to access. If you can see where the mouse is now that's our existing maintenance facility. So, we have that connected in, so they can get mowers and trucks and things into this new section as well. But this flow seems to -- to work well. It would have access out onto Venable and, then, out to Ustick Road to the south from there. Simison: Maybe a couple additions as well, things that -- there are a couple restrooms attached to the community center on the edge that allows some people in that area will have access to the outside of the community center so they don't have to go in in that context. The green space between the -- the ballpark, the playground, that could be future expansion of community center if that was ever needed or desired, either additional large space for some other purpose, so allows you to move -- move it that way. And, then, the final good piece of news is Venable just hit the warrants to -- for a traffic light to be possible at that -- at Venable and Ustick, which really is kind of in -- just got that week -- week ago, two weeks ago, that that's really kind of a game changer for access for this long term. Siddoway: We would be willing to participate in that and you are exactly right, thank you for pointing out the expansion. We -- we have designed this and kept things away Meridian City Council Work Session November 6,2024 Page 21 of 31 from the back wall of this, so that we do have the option if ten years from now we want to add on a second gym or another wing of classrooms, that possibility exists for future expansion possibilities at this -- at this site. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Quick question on just speaking of size. I'm assuming the -- sort of the footprint you have here aligns with what's allowed with the impact fees we have collected. Siddoway: This is based on 22,000 square feet and we have a maximum square footage of 22,000 -- it's coming up on a slide -- 22,827. So, yes, we are very much tuned into that. I want to talk about the timeline -- Cavener: Mr. Mayor? Simison: Councilman Cavener had a question. Councilman Cavener. Cavener: Real quick. Sorry. Thanks, Steve. Maybe just sticking with the -- the site layout. Only question about layout -- just maybe one area. When I look at the -- the layout and certainly I think some of our desire to get this lot was to help respond to the significant use of MYB and their success out at Settlers Park and the impact on parking that -- that Sellers has generated. I -- I like how that's laid out with kind of providing -- think the term used was overflow parking for MYB. Good amount of spaces. I think that's well thought out. What is MYB's participation in this? How much are they helping to contribute towards the parking for -- for their use? Siddoway: Thank you for that question. I don't have a number for you yet, but I can tell you those conversations are underway. In fact, just this afternoon Garrett met with MYB leadership and those conversations are happening. So, we will be back with a proposed partnership to define what their -- what their partnership and role would be in participating in those parking lots. Cavener: Okay. Mr. Mayor, quick follow up. Simison: Councilman Cavener. Cavener: Steve -- and maybe this is -- is for that update. You know, when I look at that -- the layout I think that is parking that is really set to meet the needs of the baseball facility. Do you see that? I guess what level of that parking lot do you see supporting the playground or the community center? Siddoway: It's primarily for MYB and other large events in the park. I mean when there are -- when there are large events in the park they -- they fill the existing parking lots. Meridian City Council Work Session November 6,2024 Page 22 of 31 So, I would say it's probably principally MYB and, then, also, you know, large events that occur in the park. Cavener: Okay. And -- and, Mr. Mayor, just one last comment, because I think this is -- this is important for me. I do look at that as a parking lot for MYB and so I'm going to be real reluctant to support a proposal that asked the taxpayers to pick up the cost of a parking lot that's going to serve a specific sports league. So, you can pass along those comments if you want to MYB, but to me I think that is really important that we shouldn't be asking the taxpayers to foot the bill for additional parking for MYB. Siddoway: And we have anticipated the need for their participation and are trying to get that defined right now. Like I say, we have had a previous discussion, but today was kind of a first formal meeting where they saw the plan for the first time, so -- Cavener: Great. Thank you. Siddoway: So, timeline, we are here at the top in the fall of 2024 talking about schematic design, staffing options and operational costs. What we are seeking for tonight is not a formal approval, but a head nod, basically, that this is good enough to go talk to the neighbors and talk to the public and get feedback, so that we can take that -- the next step and incorporate any -- any changes that they might have. We would have -- hold that public house -- open house and, then, come back to the City Council for a check in and -- and define what moves forward into design development, you know, going through the start of the year winter 2024 slash spring of 2025 going into design development and construction documents, then, another Council check in. I guess I'm trying to point out that we intend to come back multiple times to you and -- and check in with -- with where we are at. The -- the goal would be to get to a cost estimate by spring, so that we are ready for a conversation with the budget process, so -- because late 2025, a year from now let's say, our goal would be to obligate those funds into a construction contract and, then, roll into construction in 2026 and 2027, with the goal of opening a community center in FY-28, which could be, you know, late '27, but not until FY-28. We also know that this is a very draft schedule, so anyone that's watching needs to know -- take this with a huge grain of salt. A lot of things can change between now and three years from now, but this is kind of a best case scenario I would say and what the -- what -- we have got our foot on the gas pedal hoping to do. Let's talk about impact fees. So, this project is a hundred percent eligible for impact fees. A maximum of 22,827 square feet are eligible. Our current impact fee balance as of about a month ago was 19,800,000. So, we have collected the funds to be able to -- to do this project and would like to move forward and, then, we talked about this at the last meeting, but the question was asked what happens if we don't spend those funds soon. If we don't have those impact fee funds obligated to a specific project by 2026 Finance intends to roll into the next impact fee study and our current balance will be subtracted from any impact fee eligible projects that can be collected for future projects during that study. So, it would be in our best interest to get those funds obligated before that next study takes place. So, next steps. We would like to move forward to a public open house. Get the neighborhood feedback, because they think that will be key. Our intent is to Meridian City Council Work Session November 6,2024 Page 23 of 31 mail postcards to a quarter mile radius. Sorry. Not just a 300 foot radius, which happens with most legal noticing, but we would like to go a little farther than that. Well, quite a bit farther than that. And also invite the community through social media. What other outlets. And, then, we will return to City Council with a final schematic design, early design development and move forward with additional review and feedback from Council. So, that is my presentation for you tonight and seeking your approval to move forward to the community with this and I will stand for any questions. Simison: Council, additional questions? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Would you mind going back to the timeline, please? So, I just -- one thing that confused me. This is not the Council check in to move into design development, then, this is a heads up to move into public feedback. Siddoway: We are very close to moving in design development. We are still in schematic design at towards this -- it's like kind of the end of schematic design. We would like to take that to the community, see -- and see what changes would need to be incorporated before we get too far into design development and start, you know, into construction documents and things like that that become harder and harder to change. But we are still in a very fluid moment in time where this is schematic and we want to go talk to the community while it's schematic. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: And, then, if you could move into the impact fee slide that you just went through. So, we need the impact fees to be obligated. They don't need to be spent. Siddoway: Right. Strader: Okay. Got it. So, just some feedback. I -- I get where you are coming from. Obviously don't want to see our impact fees evaporate. So, I think there is a balancing act here between getting the process underway. I think it makes tons of sense to get public feedback right now. I have no issue with that. I think that's fantastic. My biggest concern, just being very upfront, is around the hiring of permanent -- and bringing on permanent staffing, which as we know from our budget discussions is an ongoing expense and so that has been a big concern as we are kind of working through things and you have some runway, you have some time, I appreciate that you have been thoughtful around trying to leverage existing staffing to kind of duly staff the community center and, then, the -- the one thing that does worry me, though, is -- and I -- I like that trust but verify. Yeah, the security cameras that does make me feel a little bit better. Meridian City Council Work Session November 6,2024 Page 24 of 31 This is going to be a 20 million dollar and I just -- I just don't feel great about large groups of people having access when we don't have staff in place. So, I just want to see us kind of work through the permanent staffing aspect of this and I -- I would personally feel more comfortable if there was kind of a ramp up plan, instead of adding like -- like three -- my personal opinion -- I could be totally off base, but I don't -- I don't know that we would be able -- and every budget year we are going to make separate decisions; right? But three -- three permanent staff members is a lot to bite off in 2030 in my opinion. So, I -- I just think some kind of a -- working on a more detailed, more granular staffing plan I think would -- would go a long way. I like the design so far, but I'm really curious about feedback from the community. I do agree with Council President Cavener that MYB's participation in this is important, but I do think it is -- it is a -- a great way to try to get two birds with one stone and that sounds like this parking issue has been a huge flashpoint for people. So, it's great that that's solving that issue as well. So, I think there is a lot to work through on the staffing and -- and timing. I feel better if you are checking in with us again before you move into the design development phase. So, that's just my feedback. Simison: Just some -- I think that this Council is working on the CFP. You really are setting the -- the -- the timeline expectations of those staff and ramp up. If you give Steve one person, they will go with one person. If you give them two he will do what you can with two. Give them three he will do what he can with three. So, you really are in control by setting that expectation in the CFP. Steve was just saying I think I need three people long term to fully operate this as much as we can to get our -- our full value out of it, understanding that we are not going to go there day one. That -- that -- so, this is your -- your ramp-up plan. The CFP could be the deciding factor about when you want to go beyond the minimum numbers that he has identified, the two positions in order to have basic level of -- because it's -- as I have learned, they actually have to have a staff member to actually schedule all the classes and do all the things. You don't have that position, then, you got a nice empty building. So, there are some components that have to exist in order to move it forward, so -- Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: I hear what you are saying on that, but I -- I'm going to also maybe challenge that a little bit in that, you know, the community center -- the programming that's offering there is a very individualized benefit. So, therefore, our -- our cost recovery model based on classes should dictate the amount of staff that we need. So, I would look to our Parks Department and say this is what programming is going to look like. This is what the cost recovery is going to be and as such that's what the staff are going to be. So, I'm not quite sold that it is the CFP that is driving this, it's really what the Parks forecasted use is, should -- what should drive the -- what the FTEs look like in that facility, so -- and that's something that I guess I would want to see before I would feel comfortable in feeling like that I -- I know what the staffing plan is for this facility and -- and I have got a little bit of a disconnect -- going and talking to the public to seek Meridian City Council Work Session November 6,2024 Page 25 of 31 conceptual ideas is one thing. Two, going to our community and saying here is our site, here is how many employees we are going to have, this is what our hours of operation are going to be is something entirely different and I -- and I'm hesitant on that, because we all know often the first message that people hear is the message they take with them moving forward and so we want to make sure that we are really clear with the public about what this is, what staffing is going to look like, what hours, what type of programming is going to exist, so that our citizens have at least the same perspective that we do as we move forward together. Simison: So, Mayor, I anticipated that this question might come up, so I had this slide ready. Wasn't sure if we would have time for it, but it looks like we do. So, this is the consensus pyramid that is in our current approved cost recovery model. The community center includes items in tiers one, two, three and four. So, it literally is a blend of all of those. From tier four which is considerable individual benefit, like Councilman Cavener is describing, we have -- you will see the adult recreation classes and programs. In tier three below that you can see the youth recreation classes and programs, which, agreed, should have a little bit more support. Down in the considerable community benefit or tier two we have got the -- the youth camps and the monitor drop in use, which I will just say put out there -- we are not planning to open with that, but that is a potential future use with available -- with -- if there is available staffing. On mostly community benefit at level one, you know, we will have some community special events, we will have arts and culture programs there and there will be volunteer opportunities there. So, it's a blend of all of those. You can see the -- the -- the recovery targets on the right as far as what got adopted and so it's -- it's a blend of anything from zero percent to 99 percent and we should fall somewhere in the middle, right, because -- and a lot of what we do there are -- are more youth classes and camps. So, somewhere in that tier two, tier three probably as a blend makes the most sense. So, the next question is what are -- Cavener: Mr. Mayor? Siddoway: -- our financial revenue sources? So, I did look into our current community education classes. We do a 70-30 split with those contracted instructors. Last year we brought -- the City made 63,000 of the -- can't remember how many -- hundred thousand was total transactions, but we -- whatever 63 is 30 percent of what that would be our total. But the city revenues were about 63,000 and that can go towards our -- our cost recovery and, you know, we are -- we are approaching that there. We will also have some revenues or can from adult sports if we do program some adult sports in there. Summer camp programs. I don't want to move out of the schools. So, it will depend on, you know, whether we -- we have -- right now we have a north side, south side summer camp. Do we move the north side camp to the community center? Possibly. Does this become a third site? Ideally. But the big challenge to that is -- is -- is staffing, finding the -- the staffing that will -- the youth summer -- the seasonal staffing that would staff that -- that summer camp. It would -- having a third site would depend on that and, then, court rentals -- you know, if we do rent those courts out to groups for activities, events, sports, but I do want to point out that we have through previous Meridian City Council Work Session November 6,2024 Page 26 of 31 conversations with Council ruled out two of the principal potential sources of revenue. You know, places like Nampa Rec Center, you know, they -- they sell -- they -- they -- they meet cost recovery goals by selling memberships and we talked early on about having a gym and the decision was made early on that we didn't want to do a gym and compete with the private sector version of the gyms that are out there. Without a membership -- that's how most of the rec centers do -- you know, be revenue neutral. We also talked heavily in the past about event reservations, weddings, reunions, private gatherings. We -- at an early version of this years ago we had a catering kitchen to be -- host some of these types of events, things we -- we might need to hold -- have those kinds of revenue sources and we were told very clearly no way, don't go there. So, we have -- we have cut that out of our program. If this Council feels differently I guess let me know, we can adapt to that now, but we have decided not to go there, because it does mean a lot of additional staffing and things like that potentially to be able to do that and -- anyway I just pointed that out, so -- but we do have some -- we do have some revenue sources. We do think that we can be in this cost recovery pyramid where we should be based on the philosophies that we have talked about with Council before. Cavener: Hey, Mr. Mayor? Simison: Councilman Cavener. Cavener: And, Steve, I think we -- a larger conversation about where this facility sits on the cost recovery is a good conversation for a later point in time. Nevertheless -- and if I'm hearing you right, you don't feel that this facility is going to generate enough revenue to cover the expenses of the staff and operations and maintenance of this facility being built. Siddoway: No, I do not. Cavener: Okay. Siddoway: So, it's more like the Homecourt where it would be subsidized. Cavener: Okay. And so I think just where I'm coming from, Council, that to me is -- is a bigger conversation that we should probably be having before we start communicating with the public, because to Council Member Strader's point, the -- the -- on -- getting this built is less of a concern as the ongoing cost to operate this facility and given the budget parameters and constraints that we are currently experiencing, I would hate that we go to an event with neighbors and communicate, hey, we are going to -- we are going to build this by a date certain, only for us to have to tap the brakes because of staff concerns. I'm not real supportive until we work through this kind of budget challenges of bringing on staff to support this facility with -- without a -- a real defined revenue model that will offset the cost. We have got some real challenges with emergency responders that I think needs to remain our priority and I don't want to derail this, Steve, but there is to me I think some bigger questions that need to be answered before I would feel comfortable communicating to the public about here we go. Meridian City Council Work Session November 6,2024 Page 27 of 31 Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: First, Steve, let me just say I wish one day I can wake up for -- and go to work with as much enthusiasm as you have for your job. So, one day maybe I will get there. So, I really appreciate your passion on this. You know, during the budget session I kind of was drilling in a little bit on kind of this, you know, pro forma of how this is going to work and so I appreciate some of the -- the thinking on this. I do think that's probably a bigger conversation we all probably should have, because it aligns a lot with staffing. But with respect to kind of what feedback you are asking now, if we are going to go back to the community, I'm okay going back to ask the community what they think, but I don't think we should be projecting necessarily timelines or I -- I think Councilman Cavener makes a good point, I -- I don't want to promise something that we can't deliver on, but I think it -- I think it would be worth us going out and saying this is what we envisioned for the community center. What do you think? What do you want to see there? And just get some feedback. I would also -- my own personal feedback. I don't -- you know, understand sending out a postcard within a quarter of a mile, but this is the city of Meridian community center and I'm wondering if there is a way we can't get more feedback from the entire city, not just those within a physical distance. So, I think -- see that -- why you would do that, but I think we need to expand the -- hey, if we are going to take feedback from the city and what the city wants for their community center, what are you looking for? So, Councilman Taylor's specific feedback to you would be -- how can we get more, you know, feedback from the city and, then, also as we take the -- these concepts out to -- for view I would just sort of take away some of the -- I don't want to promise something that we might not deliver on in terms of timelines or exactly what we have. This is to say here is some ideas, but tell us what you are looking for. So, I think in terms of what -- I think you are looking for that -- that's kind of my feedback on this process. Siddoway: Mr. Mayor. Well, I would agree that we want to invite the whole city and so we would put it out on social media. We could also do things like a press release. But don't know that a mailer to every household makes a lot of sense. But we want to send a mailer to all of those within -- within a quarter mile, but, then, find ways to invite the community. Simison: I think there is two different -- there is two different parts here. There is those that are going to be impacted directly by everyone showing up. You know, the -- the immediate neighbors. Kind of like a -- you know, there is a neighborhood meeting in a lot of ways about, you know, where do you want the -- do you want the dogs by your house or do you want them over by the businesses? You know, that's part of the conversation. Obviously, the other part is -- has happened over time, but this will -- this would be a direct -- you know, we do have something to showcase so we can do all those things we have talked about. So, you know, I'm -- not necessarily think that you have to go, you know, larger, because you can probably just get it out to the HOA. But it's really the homes with the -- within the first two streets that might be impacted by Meridian City Council Work Session November 6,2024 Page 28 of 31 parking, might be impacted by dogs barking, might be impacted by lights. Those type of elements, and I think that's a very different group than the rest of the community for the services that are provided on there. But they are -- they -- they happen at the same time'ish. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. You certainly could have a series of meetings would -- would make sense, because -- and, then, you could absolutely talk with the neighbors about real impacts to them positive and negative. I think overwhelmingly positive probably compared to a lot of things, but we could hear from them. But, then, you know, we also have like the utility bill newsletter could be leveraged -- I think even on a citywide basis if you figure out the timing and you could announce it in there at some point and -- and get feedback. I think feed -- feedback on programming -- I think it's really valuable. Like if -- if you talked to, you know, a hundred people and they all said like we absolutely want a gym, that that might evolve my thinking a little bit around your potential revenue sources and stuff. So, I think -- yeah, getting the feedback I think from the wider community is important. I agree. I think we want to be careful about promising hours of operations and when this would open. So, I think that makes sense to be cautious there while we sort of figure it out. But I think getting feedback is great, especially about the kind of programming people want to see to make sure that we are building something that meets the needs. Like I think that makes a ton of sense. So, yeah, I -- I think that's okay. And, then, I -- I would say we -- we need to work through this a little more. I'm trying to remember on the Council when we had the conversation about gym memberships and catering and weddings and stuff and when that was taken off -- I'm trying to remember that conversation that we had. I'm not like totally opposed to those revenue sources. I think it -- if -- if we heard like overwhelming feedback from the community that that was needed that we could consider it. So, I don't know if I have a very strong opinion right now about that. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Being we are at the stage and throwing out the kind of what ifs as we go forward, have you had any conversations yet with any of command staff with the Police Department on setting up any part of this building in that administrative area where we could have an area where they could come in, make phone calls, have report writing areas, we could put extra eyes and ears and if you haven't I would like to have you put that on your agenda. Secondarily, when you open this up when we are talking about getting more people and more eyes on this facility, the possibility of even just co- locating or relocating some of your personnel that are based out of City Hall now to that new facility until the time that you get to where you know exactly what you are going to need going forward, just to put more people into it. Meridian City Council Work Session November 6,2024 Page 29 of 31 Siddoway: Yeah. We will add that conversation to the list. Whitlock: Mr. Mayor? Simison: Councilman Whitlock. Whitlock: Steve, just -- can you go to the next slide on timeline and -- you may have to go to the next one on -- on impact fees as well. So, we need to obligate by December 31 st of this year; is that correct? Siddoway: Yes. Yeah. Or by whenever the study starts in early '26. 1 think he is just projecting spring of '26 to start the -- to be working on the next impact fee study. Simison: We have got time. We got at least a year, if not more. Siddoway: But to -- you know, I don't want to -- but we can come with a budget amendment, you know, next year, but I would like -- I know you like and I'm trying to align this to meet with the desires to have this teed up for the budget process. To have this teed up for the budget process I need to have some estimates ready come April, May to be into -- into that. In order to meet in April, May time frame I need to, you know, be starting design development around the start of the year. So, my goal would be to -- go and talk to the -- the community here in about four weeks after Thanksgiving, but before we get into the Christmas season heavily and -- and host a meeting and invite folks to come and interact with us. Whitlock: And -- and Mayor? Simison: Councilman Whitlock. Whitlock: I think that's critically important for me before we get into the budget process to have a sense of how the conversations with the public have gone. I mean we -- we had exhaustive conversations about this during the current budget development, but as we get into the design piece of it for me and -- and, again, obligating those funds it would be helpful for me to have that public input. How you ask the question -- I think you have gotten some great feedback here from Council. What you commit to it -- again I think you have had some good guidance and direction there. But to me getting that public input is -- is probably important before we get to that spring timeline and you come back to us and -- and we are starting to develop a budget. So, I don't -- I don't know what that looks like or how the conversations are -- are set and how you publicize it and where you hold it and all of those kinds of things, I just think it's -- I commend you for including that in the process, because that will be helpful for us when it comes time to make a decision and give further guidance. Siddoway: I -- I think what I'm -- based on the feedback that I'm hearing, you know, we would move forward with a meeting with the neighbors and invite the -- the -- the public at large. We would probably host it here at City Hall, because it's too cold to try and do Meridian City Council Work Session November 6,2024 Page 30 of 31 it out on site and do it out -- you know, if this were the middle of the summer we would -- we would consider doing something on site, but I think we hold -- hold it here and I think we take out -- we focus on the site plan and the floor plan and the uses, take off the -- the timeline and say that's still TBD based on budget discussions and things with Council. But we get some feedback about the -- the layout, the design and the uses and see if it's meeting that public need. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Steve, I -- I think that's a -- I think that's a good approach with maybe just one additional caveat that I -- I think you probably would do it anyways because I know where your heart is -- it's also asking the public, hey, what do you think that we are missing? What -- what would you want to see in this -- in this site? I recognize we have done that a couple of times, but more and more people have moved to Meridian and -- and I -- I just -- I look back to when I very first ran for City Council and was in north Meridian and everyone was talking about a Costco. We want a Costco. When are we going to get a Costco? And four years later when I ran for City Council there were people in that area that were saying we don't want a Costco. No Costco. And so people's opinions shift and change. So, I don't think it hurts us to ask the question again. I think Council Member Strader's point is is there programming things that we are missing in this site that you think are incredibly important? And, again, to Council Member Overton's comment, I agree, having a little spot for PD to be able to work out of and improve their presence in our parks, they do a great job being there, but here is another way to have this extra set of eyes and maybe address some of the security of that trust but verify concerns that a couple of Council Members brought up. Siddoway: Yes. We can definitely ask that question. I have got my -- my team in the room, including the architect that's going to be helping us do this meeting and so I think message received and we can ask that question and report back. Simison: Well, Steve, I just want to end by saying thank you to you. You and I have been going back and forth on this for -- seems like five years at least on the very elements and I -- I think that you have taken the feedback that I have challenged you with and you have -- actually I think you delivered on it in terms of my expectations. You know, an access controlled facility with limited staff needs to have a -- a base level of operations when it would open -- for a cost. It is not free. There is a cost to open this facility. Everyone I think understands just like there will be a cost to mow the grass if we put grass in at this location. So, there are operational costs no matter what you do and even if you leave it fallow there are operational costs that will be part of that. But you delivered something -- yes, we have people in the CFP which may or may never materialize. We may find this is all we need and all the communities to meet our goals. There are those undefined things moving forward and if Council wants to find more revenue to help -- I have -- I have -- I have done everything I can at the golf course to help find that revenue to offset the pool in here. But you will have an opportunity in the Meridian City Council Work Session November 6,2024 Page 31 of 31 coming weeks to talk about more revenue for the pool and for the Homecourt and if you don't like those models now is the time to start making everything pay more if that's what the desire is to help all these things operate in that context. So, we have the model, we can revisit the model. I just want to say thank you, because I think you have asked -- you have done everything I have asked you to do to bring back to Council a way that we could build and operate it from the get go, knowing that we would grow into it over time and so thank you. Siddoway: Thank you. Simison: And with that, Council, we have reached the end of our agenda. Do I have a motion? Strader: Mr. Mayor, I move that we adjourn the meeting. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 5:53 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 11-19-2024 ATTEST: CHRIS JOHNSON - CITY CLERK 11-19-2024 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the October 15, 2024 City Council Work Session Meridian City Council Work Session October 15,2024 Page 14 of 14 knew would be asked or was a priority. Is -- is there anything that we should be considering -- not requiring, but desiring from developers as they come before us? Siddoway: Pickleball and dog parks. I'm only half joking, but the — tot lots I think are still really important for the majority of -- of subdivisions. I mean those are really important amenities for the families with children, you know, open space where, you know, the -- the local PAL soccer team -- or flag football team can come out and -- and -- and practice. Those — those spaces are very valuable. But certain amenities, you know, like pickleball, like -- you know, I don't know if dog park really makes sense in an HOA park, but it could. We are looking at the possibility of a dog park in the expansion of Settlers Park, by the way, just as a quick aside. Near the community center. But, I don't know, in terms of amenities, you know, we could look at the -- the survey that was done as part of the park master plan with input from the community and as — and you are my liaison, so we can -- I know we are meeting this week. So, we could even pull that out and look at it. But just anecdotally off the top of my head I think that -- that the playgrounds tend to be very important, less important if it's a 55 older community, but it was interesting, when we asked seniors in our master planning process what was important to them, they still said playgrounds for kids, because they said -- I moved here for my grandkids. A lot of them -- you know, maybe not everyone, but many of them did. What brought you here? You know, I came to be with my kids and grandkids. So, they still like those child-oriented amenities, even -- even a lot of the senior population. But they also like their pickleball. Simison: Council, anything else? All right. Thank you very much, Steve. Appreciate it. Council, we have reached the end of our agenda. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Move we adjourn the work session. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 5.10 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 11-6-2024 ATTEST: CHRIS JOHNSON - CITY CLERK 11-6-2024 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the October 15, 2024 City Council Regular Meeting Meridian City Council October 15,2024 Page 86 of 86 MEETING ADJOURNED AT 10:53 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 11-6-2024 ATTEST: CHRIS JOHNSON - CITY CLERK 11-6-2024 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the October 22, 2024 City Council Work Session Meridian City Council Work Session October 22,2024 Page 11 of 11 it's still family friendly, because there is plenty of expensive golf courses and I don't want it to be the cheapest, because I want it to be a nice course to play on, but I -- I -- you know, just my feedback in terms of when we are looking at fee structures. Simison: I'm happy to take that one just from a -- you know, our -- our goal has been -- with the bringing on the -- on the golf course to have offset costs so they are operationally the two net out as zero and I think with these changes if the golf goes up and with some other changes that you are going to see, the pool, we might be getting pretty close to that number and, then, it just becomes can we maintain that as -- as we pay staff more, as costs go up there maybe -- but maybe we don't look at where we are in the market as much, but we keep it at what are -- are we able to maintain that cost recovery element overall and I think that would be my recommendation to Steve is once we kind of get to that point that you level said it, but we don't want to -- if we can recover some more we do that by finding that sweet spot. Siddoway: And I can provide numbers, but that's the philosophy we are aiming for. Just big picture. Simison: Okay. Siddoway: And we will see that we will -- we will notice these fees and be back to you in a few weeks. Simison: Okay. Siddoway: Thanks. Roberts: Thank you. Simison: Thanks, Steve. Thanks, Ryan. All right. With that we have reached the end of our agenda. Do I have a motion? Strader: Mr. Mayor, move we adjourn the meeting. 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 4:57 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 11-6-2024 ATTEST: CHRIS JOHNSON - CITY CLERK 11-6-2024 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the October 22, 2024 City Council Regular Meeting Meridian City Council October 22,2024 Page 27 of 27 the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; repealing conflicting ordinances; and providing an effective date. Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody that would like it read in its entirety? If not, do I have a motion? Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: I move that we approve Ordinance No. 24-2063. Little Roberts: Second. Simison: Have a motion and a second to approve Ordinance No. 24-2063. Is there any discussion? If not, clerk call the roll. Roll Call: Cavener, yea; Strader, yea; Overton, absent; Little Roberts, yea; Taylor, yea; Whitlock, absent. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FOUR AYES. TWO ABSENT. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics or a motion to adjourn? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Move that we adjourn the meeting. Simison: Motion adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FOURAYES. TWOABSENT. MEETING ADJOURNED AT 7.16 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 11-6-2024 ATTEST: CHRIS JOHNSON - CITY CLERK 11-6-2024 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Prescott Ridge Subdivision No. 2 Sanitary Sewer and Water Main Easement No.1 (ESMT-2024-0150) ADA COUNTY RECORDER Trent Tripple 2024-063340 BOISE IDAHO Pgs=7 VICTORIA BAILEY 11/07/2024 08:04 AM Project Name or Subdivision Name: CITY OF MERIDIAN, IDAHO NO FEE Prescott Ridge Subdivision No. 2 Sanitary Sewer&water Main Easement Number: 1 Identiry this Easement by sequen4ial number if the project contains more than one easement of this type.See instructions/checklist for additional information_ For Internal Use Only ESMT-2024-0150 Record Number: S 51� �I A A IS Easement Agreement made this 6th day of 20 24 between Hubble Homes, 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 ) 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 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 ofno 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 ofany 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: Austin Edwards, Authorized Agent Hubble Homes, LLC STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on (date) by Austin Edwards (name of individual), [complete the following ifsignang in a representative capacity, or strike thefollowing ifsigning in an individual capacity] on behalf of Hubble Homes, LLC (name of entity on behalf of whom record was executed), in the following representative capacity:Authorized Agent (type of authority such as officer or trustee) Notary Stamp Below PENNY SMITH COMMISSION#23655 NOTARY PUBLIC STATE OF IDAHO Notary Signature MY COMMISSION EXPIRES 02(15125 My Commission Expires: Sanitary Sewer and Water Main Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 11-6-2024 Attest by Chris Johnson, City Clerk 11-6-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 11-6-2024 (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: Sanitary Sewer and Water Main Easement Page 3 Version 01/01/2024 km E N G I N E E R I N G October 10,2024 Prescott Ridge Subdivision No.2 Project No.21-221 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 the Southwest 1/4 of the Northeast 1/4 of Section 28,Township 4 North, Range 1 West, Boise Meridian,City of Meridian,Ada County, Idaho being more particularly described as follows: Commencing at an aluminum cap marking the North 1/4 corner of said Section 28,which bears N00°43'55"E a distance of 2,635.29 feet from a 5/8-inch rebar marking the Center 1/4 corner of said Section 28,thence following the westerly line of said Northeast 1/4,S00'43'55"W a distance of 1,649.50 feet; Thence leaving said westerly line,S89'16'05"E a distance of 31.04 feet to POINT OF BEGINNING 1. Thence S50'07'54"E a distance of47.00 feet to a point hereinafter referred to as PONT"A"; Thence S39'52'06"W a distance of 25.00 feet; Thence N50°07'54"W a distance of 47.00 feet; Thence N39°52'06"E a distance of 25.00 feet to POINT OF BEGINNING 1. Said description contains 1,175 square feet,more or less. TOGETHER WITH Commencing at the point previously referred to as POINT"A",thence S78°05'25"E a distance of 296.06 feet to POINT OF BEGINNING 2. Thence S89'25'31"E a distance of47.00 feet; Thence S00'34'29"W a distance of 25.00 feet; Thence N89`25'31"W a distance of47.00 feet; Thence N00°34'29"E a distance of 25.00 feet to POINT OF BEGINNING 2. Said description contains 1,175 square feet,more or less. Said descriptions contain a total of 2,350 square feet,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. C 12459 Q OF Zy � L. EAR' 5725 North Discovery Way a Boise, Idaho 83713 • 208.639.6939• kmengllp.com P:\21-221\CAD\SURVEY\EXHIBITS\21-221 CITY OF MERIDIAN EASEMENT.DWG,AARON BALLARD,10/10/2024,ESTUD10907.PC3,--- 190s�/c 0 � n �Ld G Wi BASIS OF BEARING _ N00'43'55"E 2635.29' S00'43'55"W 1649.50' of \OQZ r �00 0C: OM0 Z °1 41 `° C0MZm mO 0z� OZ - 0= Ln N Z� O Z O N< D OD O � (/l Z 0 O M C CO 0 M n O /v O D Z �' • Q / U? D _ K Z M Z m O O- 9: n / N Z z O+ (D 00 = O rr O N /Q rn (� 3 OU ^,I p `n rD O /v O r r I n r Oro v Ori Cr-, 1-4r Z m LB Z Z cn (n Z Z En En 00 c(q 00 O (00� UW O Cq O m r N. Static Line Ave. r I CA N (A tocn O cn o D z v I co O Cn Ul N J N J M CIC OOi P OOi_ O D L& Z rrl `L M M `L M CA 20 rn N (NJi J CN11 v (NT J fNJ1 v 0 O O O O O O O O D O O O O O O_ O_ _O z n m Z = ° m Exhibit B - City of Meridian Sewer and Water Easement pO�O M .. Prescott Ridge Subdivision No. 2 Z m O m3: p MOxom T1 3 C.< N o Situated in the Southwest 1/4 of the Northeast 1/4 of Section 28, j z ti o T.4N., R.1W., B.M., City of Meridian, Ada County, ID `V iY ry�VOn1 I' Title: POB 1 Date: 10-10-2024 Scale: 1 inch=20 feet File: Tract 1: 0.027 Acres: 1175 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter=144 Feet 001=s50.0754e 47.00 003=n50.0754w 47.00 002=s39.5206w 25.00 004=n39.5206e 25.00 47.00 s89°25'31"e c, O [V N C0 7 y V rn o N O o N O C. G O n89°25'31"w 47.00 Title:pQB 2 Date: 10-10-2024 Scale: 1 inch=20 feet File: Tract 1: 0.027 Acres: 1175 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter=144 Feet 001=s89.253le 47.00 003=n89.2531w 47.00 002=s00.3429w 25.00 004=n00.3429e 25.00 V IDIAN� AGENDA ITEM ITEM TOPIC: Sagarra Subdivision No. 2 Sanitary Sewer and Water Main Easement No. 3 (ESMT-2024-0151) ADA COUNTY RECORDER Trent Tripple 2024-063342 BOISE IDAHO Pgs=8 VICTORIA BAILEY 11/07/2024 08:04 AM CITY OF MERIDIAN, IDAHO NO FEE Sagarra Subdivision No. 2 Sanitary Sewer and Water Main Easement No. 3 ESMT-2024-0151 SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 6th day of November 24 between ("Grantor") and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement Page I Version 04/17/2023 THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings, trash enclosures,carports,sheds,fences,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 he 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: Sagarra 139, LLC By: Matt Villalobos, Manager STATE OF IDAHO ) ) ss County of Ada ) ` This record was owledged before me on (date) by Matt Villalobos (n a of individual), [complete the following if signing in a representative capacity, or stri the following if signing in an individual capacity] on behalf of Sagarra 139, LLC (name of entity on behalf of whom record was executed), in the following representa 've capacity: Manager (type of authority such as officer or trustee) (sip) �tlN Notary Signature My Commission Expires: 2023 Sanitary Sewer and Water Main Easement Page 2 Version 04/17/ CALIFORNIA 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 Califor ' 1 County of J} On �2 i �2 before me, Date Here Inse7fil me and Title of the Officer r personally appeared No (S)of Sign r(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/arm subscribed to the within instrument and acknowledged to me that he/sheftfrey executed the same in his/hQ;A4emif authorized capacity(ies), and that by his/hefA+t@tr 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 MA RY GiNAATIENZA-BOLTON paragraph is true and correct. Notary Public-Ca{ifornia s San Diego County WITNESS my h nd a official seal. r Commission#2483020 •�Fo• My Comm.Expires Feb 26,2028 Signature Place Notary Seal and/or Stamp Above ignature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent chment of this form to an uninten ed document. Description of Attached ent Title or Type of Document: Document Date: 22 ZOO.¢ VV Number of Pages: _ Signer(s) Other Than Named Above: Capacity(ies) Cla• ed by S g r(s) Signer's Name: / p5Signer's Name: ❑ Corporate O i er— Title(s): ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ neral ❑ Individual ❑ Attorney in Fact ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ ardian or Conservator ❑ Trustee ❑ Guardian or Conservator �ther: LG ❑ Other: Signer is epresenting: / Sign is Representing: ©2019 National Notary Association GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 11-6-2024 Attest by Chris Johnson,City Clerk 11-6-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 11-6-2024 (date) by Robert E. S i m i s o n and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. (stamp) Notary Signature My Commission Expires: 3-28-2028 Sanitary Sewer and Water Main Easement Page 3 Version 04/17/2023 EXHIBIT A SAGARRA SUBDIVISION NO. 2 WATER AND SEWER EASEMENT#3 A water and sewer easement located in Lot 1, Block 3 of Linder Village Subdivision and for the proposed Sagarra Subdivision No. 2 and lying in the NW 1/4 of Section 25,Township 4 North, Range 1 West, Boise Meridian,Ada County, Idaho, said parcel being more particularly described as follows: Commencing at an aluminum cap being the northwest corner of said Section 25;thence 5.89°22'30"E. a distance of 1963.52 feet along the north line of said Section 25 to a point; thence 5.00'37'30"W. a distance of 1165.94 feet to a point,said point also being the POINT OF BEGINNING; Thence N.06"03'55"E. a distance of 161.41 feet to a point; Thence 5.86°56'05"E. a distance of 118.34 feet to a point; Thence N.58"49'16"E. a distance of 23.04 feet to a point; Thence N.52"04'31"E. a distance of 123.19 feet to a point; Thence N.45'42'09"E. a distance of 276.13 feet to a point; Thence N.70'41'53"E, a distance of 62.11 feet to a point; Thence 5.66°57'57"E. a distance of 21.71 feet to a point; Thence along a non-tangent curve to the left a distance of 20.08 feet,said curve having a radius of 73.50 feet, a delta of 15°39'23", and a chord bearing 5.20°21'42"W. a distance of 20.02 feet to a point; Thence N.66'57'57"W. a distance of 14.90 feet to a point; Thence 5.70"41'53"W. a distance of 26.26 feet to a point; Thence 5.45"42'09"W. a distance of 113.49 feet to a point; Thence 5.43"57'17"E. a distance of 14.34 feet to a point; L Thence 5.46"02'43"W. a distance of 12.04 feet to a point; � 15758 `o 6 Thence N.44`17'51"W. a distance 14.27 feet to a point; Ia-u Thence 5.45°42'09"W. a distance of 77.95 feet to a point; OF tv�QO '9jr�. HOMP Thence 5.44'17'51"E. a distance of 14.25 feet to a point; Thence 5.45"42'09"W. a distance of 30.00 feet to a point; Thence N.44'17'51"W. a distance of 14.25 feet to a point; Thence 5.45'42'09"W. a distance of 61.25 feet to a point; Thence 5.52"04'31"W. a distance 68.96 feet to a point; Thence 5.37'51'53"E. a distance of 16.94 feet to a point; Thence 5.52`04'31"W. a distance of 26.00 feet to a point; Thence N.37°51'53"W. a distance of 16.93 feet to a point; Thence 5.52'04'31"W. a distance of 40.32 feet to a point; Thence along a non-tangent curve to the right a distance of 26.55 feet, said curve having a radius of 55.00 feet, a delta of 27"39'41", and a chord bearing 5.65`54'22"W. a distance of 26.30 feet to a point; Thence 5.03°03'55"W. a distance of 15.44 feet to a point; Thence N.86'56'05"W. a distance of 15.00 feet to a point; Thence N.03"03'55"E. a distance of 13.95 feet to a point; Thence N.86°56'05"W. a distance of 82.33 feet to a point; Thence 5.06'03'55"W. a distance of 9.70 feet to a point; Thence 5.83"55'52"E. a distance of 14.06 feet to a point; Thence 5.06'04'08"W. a distance of 20.00 feet to a point; Thence N.83"55'52"W. a distance of 14.05 feet to a point; Thence 5.06"03'55"W. a distance of 71.21 feet to a point; Thence 5.00"37'59"W. a distance of 29.05 feet to a point; Thence N.89"22'01"W. a distance of 32.90 feet to a point also being the POINT OF BEGINNING. Said parcel contains 0.54 acres, more or less, and is subject to all existing easements and right- of-ways of record or implied. EXHIBIT B SAGARRA SUBDIVISION NO. 2 WATER AND SEWER EASEMENT #3 EXHIBIT DRAIMNG SHCAMIN A WATER AND SEWER EASEMENT FOR SACARRA SUBDIVISION NO. 2 LYING IN W1E NW 1/4 OF SECTION 2S, T.4N., RAW.. B.M., ADA COUNTY, IDAHO. 2023. CR 017-072470 W. CHINDEN BL619. CR 2017-072469 23 24 569]Ypo4 266P.54 N 1/4 SEC. 25 26 2152' I[(:LNI1 SECTGN LINE / / (D - BOONOAPT ONE / CENTER LINE RIGHT-OF-WAY LINE / O ryjp 41 g3 L,qh LOT UNE 61JG — — — EASUENT ALA ALVNIHOM CAP p� A CALCULATED / POINT-NOT SET N f ORONTN U E Q/ LOT NVNBER / b ay 3 6 5 RR �1d 5ti�9 p- sEb'S6'O5'E H6Da' BLOCK 5 V f Lz0 U. FJ O au6 • +e Lzz� 0 / OS INpq I ® W. DIRECTOR LN. (PRIVATE) T.21 — — O �' Ih s U.. O NBP'2Y •W W. MALBAR ST. In GRAPHIC SCALE 15758 a W so 10] 2. d �0_11 2H� p J, pDN► J.J. HOWARD 12/115/2J DEAR D GI . SAGARRA SUBDIVISION No. 3 -- ----AML WMII Rh. NG I" _ mo' cls -- WATER AND SEWER EASEMENT - EXHIBIT 8 EXHIBIT B SAGARRA SUBDIVISION NO. 2 WATER AND SEWER EASEMENT #3 MINT DRAWNG MONNO A WATER MID SEWER EASEMENT FOR SACARRA SUMMON NO. 2 LWNG IN THE NW 1/4 OF SEMN 25. TAN.. RAW.. B.M.. AGA COLNTY. IDAND. 2023. Parcel Line Table Curve Table LM Y L9n991 DYWc w Gurw # L 9M ROEW9 D9Nc ItlIOFE DlrecD9n CM1mE Ixn9tA 0 ..W 11 0 49'IB'F L1 NI.OB' ]].•A' IS'39'w Sap'31 12'WI R ov 13 21.H . 51'STE Ct p0.05' SS.W' 3T]9'%' S05'N.]]N am U I,w Nfi0'..STW L4 M.N. S]P.1'SPW LS 14.]( e. 5Y"I LS 120P NW OY U•W L] 1,V .IT 51•W 111 IA25' SN'I"WE IB ]LLw m Or OYW LIO 14.W W ll'51•W ul t0.w 5}r 51'A4 L12 2LW' ssz W'St'W u] Ie93' Nn'51'We u4 40.R' ssr M'n^x LIS IW 55'05'SS'W L10 1SW N.'Y'W^W LI] 9.95' x]'ON SSE LIB 02]S Nee'W F LIB O.]O' NO 0 55•N LZII 1�W' SBJ 55'WE 1]I zO.ON 50'W'W'x L2z 1aw x81'S5•sx•W Lu 20A5' Sp'S]'S9b J.J. HOWARD 12/13/2] �/I\ ® / D z 2 SAGARRA SUBDIVISION No. 3 -- SGVF CL Nts T: I-- -M Ip. a ---- WATER AND SEWER EASEMENT — EXHIBIT 8 V IDIAN� AGENDA ITEM ITEM TOPIC: Sagarra Subdivision No. 2 Full Release of Sanitary Sewer and Water Main Easement Instrument No. 2024-006171 (ESMT-2024-0152) ADA COUNTY RECORDER Trent Tripple 2024-063343 BOISE IDAHO Pgs=1 VICTORIA BAILEY 11/07/2024 08:04 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2024-0152 FULL RELEASE OF EASEMENT TYPE OF EASEMENT BEING RELEASED: Sanitary Sewer and Water Easement GRANTEE: CITY OF MERIDIAN GRANTOR: Lynx Investments, L.P. INCLUDING SUCCESSORS AND ASSIGNS WHEREAS, by easement dated February 6 , 2024 and recorded as Instrument Number 2024-006171 in the records of Ada County, State of Idaho, an easement of the type and nature set forth in the above-captioned title was granted to the City of Meridian, an Idaho Municipal Corporation, over and across the real property legally described therein. WHEREAS,the continuance of this easement is no longer necessary or desirable. NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby vacate, relinquish,release and abandon the said rights and easements hereinabove referred to and described, with the intent that the same shall forthwith cease and be extinguished. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this 6th day of November 20 24 CITY OF MERIDIAN Ro ert . Simi on Mayor 11-6-2024 Z ! K � Attest by Cho Johns ' Clerk 11-6-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 11-6-2024 (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) No'q�ny Notary Signature CHARLENE WAY My Commission Expires: - -2028 COMMISSION No. 67390 NOTARY PUBLIC STATE OF IDAHO Version 01/01/2020 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Freedom Bagel Bakery Water Main Easement No. 1 (ESMT-2024-0153) Project Name or Subdivision Name: ADA COUNTY RECORDER Trent Tripple 2024-063334 Freedom Bagel Bakery BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 11/07/2024 08:03 AM CITY OF MERIDIAN, IDAHO NO FEE Water Main Easement Number: 1 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 Record Number: ESMT-2024-0153 WATER MAIN EASEMENT THIS Easement Agreement made this 6th_day of November 2024 between River Heights Property Management, 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: l 4 yL-R L�tWr.S'rRa oL-rVrj F 64A&i.�L-,rr3 U V4 � STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 1017/'Zo (date)by Vt�w4tjaj� (name of individual), [complete the following If-signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf oa■ i lkrg azs L� ,164MAWKC+r, Ur- (name of entity on behalf of whom record was executed), in the following representative capacity: M aM-v-qW (type of authority such as officer or trustee) Notary Stamp Below /rA,��L ,.tom Notary Signature COMM. #20190949 MAS B My Commission Expires: 0-5/1l7/.15 CO90949 NOTARY PUBLIC STATE OF IDAHO Water Main Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN RobertE. Simison,Mayor 11-6-2024 Attest by Chris Johnson, City Clerk 11-6-2024 STATE OF IDAHO, ) ss. County of Ada ) This record was acknowledged before me on 11-6-2024 (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 km E N G I N E E R I N G September 24, 2024 Project No.24-145 City of Meridian Water Easement Exhibit A A parcel of land for a City of Meridian Water Easement over a portion of Lot 4, Block 2 of Paramount Square Subdivision (Book 109 of Plats,Pages 15586-15588)situated in the Southeast 1/4 of Section 25,Township 4 North, Range 1 West, Boise Meridian,City of Meridian,Ada County, Idaho and being more particularly described as follows: BEGINNING at a found 1/2-inch rebar marking the Southwest corner of said Lot 4,which bears N89°36'40"W a distance of 199.82 feet from a found 1/2-inch rebar marking the Southeast corner of said Lot 4,thence following the boundary of said Lot 4,20.43 feet along the arc of a curve to the right,said curve having a radius of 192.00 feet, a delta angle of 06°05'52",a chord bearing of N12°04'58"E and a chord distance of 20.42 feet; Thence leaving said boundary,S89°36'40"E a distance of 26.68 feet; Thence S00°23'20"W a distance of 20.00 feet to said Lot 4 boundary; Thence following said boundary, N89°36'40"W a distance of 30.82 feet to the POINT OF BEGINNING. Said parcel contains 579 square feet,more or less,and is subject to all existing easements and/or rights-of-way of record or implied. All subdivisions, deeds, records of surveys, and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated. Attached hereto is Exhibit B and by this reference is made a part hereof. \�NpL LAND S \,\C E N SF0 G,pG c CL 0 6 qTF OF H 9/2q/202�( 5725 North Discovery Way • Boise, Idaho 93713 • 208.639.6939 • kmengllp.com / W. Archfield Street o 4-1 i o +� U o / 0 Q M 0 30 60 90 N 72 m Plan Scale: 1" = 30' w aJ U LEGEND v ru 0 m 3 O FOUND 1/2" REBAR `^ u a ❑ CALCULATED POINT o m BOUNDARY LINE W M a ADJACENT BOUNDARY LINE ry CENTERLINE 0 --------EASEMENT LINE ^' z Y 0 _O >- Y m Q, Lot 4, Block 2 � N 41 Q Paramount Square Subdivision u 0 j 4- 0 N Address: 191 W. Archerfield Street 0 0 4 APN: R6905490100 0 3640' "E w a < J-S89'26.68' Owner: River Heights Property Management LLC Q z 0 � DATE: SEPTEMBER,2024 v � S00°23'20"W PROJECT: 24-145 I:: o--20.00' SOUTHEAST CORNER SHEET: M 30.82' 169.00, LOT 4, BLOCK 2 1 OF 1 N g ' N89'36'40"W 199.82' N BASIS OF BEARING m POINT OF BEGINNING I SOUTHWEST CORNER CURVE TABLE LOT 4, BLOCK 2 lam CURVE RADIUS LENGTH DELTA CHORD BRG CHORD I E N G I N E E R I N G 5725 NORTH DISCOVERY WAY C1 192.00' 20.43' 6'05'52" N12°04'58"E 20.42' BOISE,IDAHO 83713 e PHONE(208)639-6939 ` kmengllpxom Title: FDate709-23-2024 Scale: 1 inch= 10 feet File: Deed Plotter.des Tract 1: 0.013 Acres: 579 Sq Feet:Closure=s50.5350e 0.00 Feet: Precision>1/999999: Perimeter= 98 Feet 001:Rt,R=192.00.Delta=06.0552 003=s00.2320w 20.00 Bn�i 12.0458e,Chd=20.42 002=s89.3640e 26.68 004=09.3640w 30.82 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: S. Benchmark Way and W. Cobalt Dr. Sanitary Sewer and Water Main Easement No. 3 (ESMT-2024-0155) ADA COUNTY RECORDER Trent Tripple 2024-063341 BOISE IDAHO Pgs=9 BONNIE OBERBILLIG 11/07/2024 08:04 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name or Subdivision Name: S.Benchmark Way and W.Cobalt Dr. Sanitary Sewer&Water Main Easement Number:_3 Identify this Easement by sequential number i€the project contains more than one easement of this type.See instructions/checklist for additional information. For Internal Use Only ESMT-2024-01555 Record Number: SANITARY SEWER AND WATER,MAIN EASEMENT THIS Easement Agreement made this 6th day of November 2024 between SCS Brighton LI LC ("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 I 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. [END OF TEXT; SIGNATURES TO FOLLOW] Sanitary Sewer and Water Main Easement Page 2 Version 01/01/2024 GRANTOR: SCS BRIGHTON LLC an Idaho limited liability company By: Brighton Corporation, an Idaho corporation Manager By: Robert L. hillips, President STATE OF IDAHO ) :ss. County of Ada ) On thisa3r4lay of October, in the yar of 2024, before me a Notary Public os said State, personally appeared Robert L. Phillips, known or identified to me to be the President of Brighton Corporation,the Manager of SCS Brighton LLC,the company that executed the instrument or the person who executed the instrument of behalf of said company and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal the day and year in the certificate first above written. SHARI VAUGHAN COMMISSION#20181002 NOTARY PUBLIC Notary Public for Idaho STATE OF IDAHO My Commission Expires: (P- I— Q-D?(� MY COMMISSION EXPIRES 06/01/2030 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 11-6-2024 Attest by Chris Johnson, City Clerk 11-6-2024 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 11-6-2024 (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: Sanitary Sewer and Water Main Easement Page 3 Version 01/01/2024 km E N G I N E E R I N G October 24,2023 Project Nos.22-144&22-221 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 a portion of the Northeast 1/4 of the Northwest 1/4 and the Northwest 1/4 of the Northeast 1/4 of Section 14,Township 3 North, Range 1 West,B.M.,City of Meridian,Ada County,Idaho and being more particularly described as follows: Commencing at a found aluminum cap marking the North 1/4 corner of said Section 14,which bears N89°13'12"W a distance of 2,657.79 feet from a found aluminum cap marking the Northeast corner of said Section 14; Thence following the northerly line of said Northwest 1/4 of the Northeast 1/4,S89°13'12"E a distance of 135.58 feet; Thence leaving said northerly line,S00°46'48"W a distance of 1,047.58 feet to POINT OF BEGINNING 1. Thence S60°53'22"E a distance of 10.00 feet to an existing City of Meridian Sewer and Water easement per Instrument No.2023-032540, Records of Ada County,Idaho; Thence following said easement line,S29'06'38"W a distance of 31.00 feet; Thence leaving said easement line,N60°53'22"W a distance of 10.00 feet to a point hereinafter referred to as POINT"A' Thence N29°06'38"E a distance of 31.00 feet to POINT OF BEGINNING 1. Said parcel contains 310 square feet,more or less. TOGETHER WITH: Commencing at the point previously referred to as POINT"A".Thence S66°50'17"W a distance of 408.05 feet to POINT OF BEGINNING 2. Thence S03°17'45"W a distance of 7.00 feet to said existing City of Meridian Sewer and Water easement per Instrument No.2023-032540,Records of Ada County,Idaho; Thence following said easement line,N86°42'15"W a distance of 36.00 feet; Thence leaving said easement line,NO3'17'45"E a distance of 7.00 feet; Thence S86°42'15"E a distance of 36.00 feet to POINT OF BEGINNING 2. Said parcel contains 252 square feet,more or less. 5725 North Discovery Way• Boise, Idaho 83713 • 208.639.6939• kmenglip.com Said description contains a total of 562 square feet,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. Z5 a �12459� IV k OF Le B��' /D•2�• �Z`'C PAGE 2 W. Franklin Road 11 BASIS OF BEARING 11 12 N89'13'12"W 2657.79' _ 14 A 135.58' 2522.21' V 14 13 POINT OF COMMENCEMENT NORTHEAST CORNER SECTION 14 M NORTH 1/4 CORNER SECTION 14 ��w O 00 �I;L POINT OF cri BEGINNING 1 �' Ll a ry POINT "A" " i L3 i i POINT OF C;�Q-zf',y -0 Q' BEGINNING 2 o ���o �i¢' s Watson Land Holdings, LLC `��Q? C' Q 'a SCS Brighton, LLC L7— L --L5 &TM Cooley, LLC }���Q _ QJ, �� S1214120900 I L6 I 51214212595 _�`�' O� EXISTING CITY OFQj N MERIDIAN SEWER AND co, R WATER EASEMENT PER INST, No. 2023-032540 Proposed Z — — — —W. Cobalt Dr. a 3 Treasure Valley Investments, LLC. DWT Investments, LLC. S1214233685 o S1214244301 LINE TABLE Z W LINE BEARING DISTANCE a w L1 S60'53'22"E 10.00 a o L2 S29'06'38"W 31.00 Z a 3 L3 N60'53'22"W 10.00 Z L4 N29'06'38"E 31.00 0 100 200 300 a 5 w L5 S3'17'45"W 7.00 Plan Scale: 1"= 100' L6 N86'42'15"W 36.00 r L7 N3'17'45"E 7.00 Ion ENGINEERING L8 S86'42'15"E 36,00 m 5725 NORTH DISCOVERY WAY = BOISE,IDAHO 83713 PHONE(2081639.6939 Exhibit B kmengllp.com City of Meridian Sewer and Water Easement z v=i DATE: October2024 PROJECT: 22-221 U SHEET: Situated in the NE 1/4 of the NW 1/4 and the NW 1/4 of the NE 1/4 of 1 OF 1 Section 14, T.3N., R.1W., B.M., City of Meridian, Ada County, ID a I �1 sGOo JQOp o �P o � 0 ,a ao��o0 �600 !p 2�'w Op Title: POB 1 Date: 10-24-2024 Scale. 1 inch= 10 feet File: Tract 1: 0.007 Acres: 310 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter= 82 Feet 001=s60.5322c 10.00 003=n60.5322w 10.00 002=s29.0638w 31.00 004=n29.0638e 31.00 E:=== Title: POB 2 Date: 10-24-2024 Scale: 1 inch= 10 feet File: Tract 1: 0.006 Acres: 252 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter= 86 Feet 001=s03.1745w 7.00 003=n03.1745e 7.00 002=n86.4215w 36.00 004=s86.4215e 36.00 Type text E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: TM Creek Subdivision No. 7 Sanitary Sewer and Water Main Easement No. 2 (ESMT-2024-0156) ADA COUNTY RECORDER Trent Tripple 2024-063345 BOISE IDAHO Pgs=8 VICTORIA BAILEY 11/07/2024 08:04 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name or Subdivision Name: TM Creek Subdivision#7 Sanitary Sewer&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 Ilse only ESMT-2024-0156 Record Number: SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement made this 6th day of November 2024 between Watson Land Holdings LLC&TM Cooley 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 TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement Page 1 Version 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. [END OF TEXT; SIGNATURES TO FOLLOW] Sanitary Sewer and Water Main Easement Page 2 Version 01/01/2024 GRANTOR: Watson Land Holdings LLC an Idaho limited liability company By: Brighton Corporation, an Idaho corporation, Mane er By: Robert L. Phillips, President STATE OF IDAHO ) :ss. County of Ada ) On this 91 day of October, in the year 2024, before me a Notary Public of said State, personally appeared Robert L. Phillips, known or identified to me to be the President of Brighton Corporation,the Manager of Watson Land Holdings LLC,the Company that executed the instrument or the person who executed the instrument of behalf of said company, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first written above. (stamp) Notary Signature FSHARI vAUGHAN My Commission Expires: MYCCOOMIV� MISSION#20181002 NOTARY PUBLIC TATE OF IDAHO ISSION EXPIRES 06/01/2030 GRANTOR: TM COOLEY LLC an Idaho limited liability company By:SCS Management LLC, Manager By: �1 Michael A.Hall,President STATE OF IDAHO ) :ss. County of Ada ) On this /—7 day of October, in the year 2024,before me a Notary Public of said State, personally appeared Michael A.Hall,known or identified to me to be the President of SCS Management LLC,the Manager of TM Cooley LLC,the Companythat executed the instrument orthe person who executed the instrument of behalf of said company,and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first written above. (stamp) Notary Signature My Commission Expires: �(� DONNA WILSON COMMISSION 467674 NOTARY PUBLIC STATE OF IDAHO GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 11-6-2024 Attest by Chris Johnson, City Clerk 11-6-2024 STATE OF IDAHO, ) . ss. County of Ada ) 11-6-2024 This record was acknowledged before me on (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: Sanitary Sewer and Water Main Easement Page 3 Version 0 1/0 1/2024 kl E N G I N E E R I N G October 16,2024 Project No.:22-244 TM Creek Subdivision City of Meridian Sewer and Water Easement Legal Description Exhibit A Parcels of land for a sewer and water easement situated portions of the North 1/2 of Section 14, Township 3 North, Range 1 West, B.M., City of Meridian,Ada County, Idaho being more particularly described as follows: Commencing at an aluminum cap marking the North 1/4 corner of said Section 14,which bears N00°35'31"E a distance of 2,656.80 feet from an aluminum cap marking the Center 1/4 corner of said Section 14,thence following the easterly line of said Northeast 1/4 of the Northwest 1/4,S00'35'31"W a distance of 293.83 feet to a point hereinafter referred to as POINT A; Thence leaving said easterly Fine, N89°24'29"W a distance of 319.86 feet to POINT OF BEGINNING 1. Thence N89°26'19"W a distance of 20.00 feet; Thence N00'33'41"E a distance of 38.00 feet; Thence S89`26'19"E a distance of 20.00 feet; Thence S00°33'41"W a distance of 38.00 feet to POINT OF BEGINNING 1. Said parcel contains 760 square feet, more or less. TOGETHER WITH: Commencing at a point previously referred to as POINT A,thence following the easterly line of said Northeast 1/4 of the Northwest 1/4,S00°35'31"W a distance of 134.48 feet to a point hereinafter referred to as POINT B; Thence leaving said easterly line, N89°24'29"W a distance of 37.78 feet to POINT OF BEGINNING 2. Thence S45°35'31"W a distance of 5.00 feet to a point hereinafter referred to as POINT C; Thence N44°24'29"W a distance of 21.50 feet; Thence N45°35'31"E a distance of 5.00 feet; Thence S44°24'29"E a distance of 21.50 feet to POINT OF BEGINNING 2. Said parcel contains 108 square feet, more or less. TOGETHER WITH: Commencing at a point previously referred to as POINT C,thence S45°35'31"W a distance of 10.00 feet to POINT OF BEGINNING 3. Thence S45'3S'31"W a distance of 5.00 feet; Thence N44°24'29"W a distance of 21.50 feet; Thence N45'35'31"E a distance of 5.00 feet; Thence S44`24'29"E a distance of 21.50 feet to POINT OF BEGINNING 3. 5725 North Discovery Way • Boise,Idaho 83713• 208.639.6939• kmenglip.com Said parcel contains 108 square feet, more or less. TOGETHER WITH: Commencing at a point previously referred to as POINT B,thence following the easterly line of said Northeast 1/4 of the Northwest 1/4,S00035'31,"W a distance of 141.96 feet; Thence leaving said easterly line,S'89°24'29"E a distance of 192.87 feet to POINT OF BEGINNING 4. Thence N00°35'31"E a distance of 35.00 feet; Thence S89°24'29"E a distance of 15.00 feet; Thence S00°35'31"W a distance of 35.00 feet; Thence N89024'29"W a distance of 15.00 feet to POINT OF BEGINNING 4. Said parcel contains 525 square feet, more or less. Said description contains a total of 1,501 square feet, 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. IST a 12459 OF Le PAGE 2 P:\22-244\CAD\SURVEY\EXHIBITS\22-244 CITY OF MERIDIAN SEINER AND WATER EASEMENT AS-BUI LT.DWG,AARON BALLARD,10/16/2024,ESTUD10907.PC3,---- -- ---------------------I I I Z I 00 I ` 41Ul N I I j I N �0 /�1 I p / m 4� p Ln C I I CNO I-' q/I O [n -V O Cn j W W / - o a o � �'L ��5 0 �� � rTi ��� z o Ir 0 j � j,�� o0= o n 1 0 o ti � r� /'L' ri O � ��� ��' Z DZU) D 0 O� -P � O \ n (` N i p00 I Nln Y Z E m N O N cn 1 O 11 0 00 -� m m 1C co O_N I 0tD I C7 1 w Ln ? 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Benchmark Way Uj w N 0 T N v o =m� 0 m m Exhibit B �z--o - ��' City of Meridian Sewer and Water Easement Z O O 9 Q O 0 rTl ° w< F� o TM Creek Subdivision um�iwK— n z N o NE 1/4 NW 1/4& NW 1/4 NE 1/4 Sec. 14,T3N,R1W, BM,City of Meridian,Ada County,ID 0 A A E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Prescott Ridge Subdivision No. 5 (FP-2024-0019) by KM Engineering, generally located 1/4 mile south of W. Chinden Blvd. on the west side of N. Rustick Oak Way. STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 11/6/2024 `' U L DATE: TO: Mayor&City Council U.S. HIGHWAY 26 FROM: Sonya Allen,Associate Planner o 208-884-5533 G —0 SUBJECT: Prescott Ridge Subdivision No. 5 w FP-2024-0019 z LOCATION: Generally located 1/4 mile south of W. Chinden Blvd. on the west side of N. Rustick Oak Way,in the NW 1/4 of Section 28,TAN.,R.1 W. I. PROJECT DESCRIPTION Final Plat consisting of 46 building lots and three(3) common lots on 4.68-acres of land in the R-15 zoning district,by KM Engineering,LLP. II. APPLICANT INFORMATION A. Applicant Cheryl Heath,KM Engineering, LLP—5725 N. Discovery Way,Boise, ID 83713 B. Owner: Hubble Homes,LLC—701 S. Allen St., Ste. 104,Meridian, ID 83642 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2020-004 in accord with the requirements listed in UDC 11-613-3C.2. This phase is depicted as Phase 8 on the phasing plan approved with the preliminary plat. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-6B-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. Since there is no change to the number of buildable lots and the amount of common open space is the same,therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. Page 1 IV. DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(dated: 12/22/20) PRESCOTT PRELIMINARY PLAT SHOWING A PARCEL OF LAN 13 SITLIATEO 14 A PORTION OF THE NOM EAST _-_,__�•_____ 3/4 OF THE NORTHWEST V4 OF SECTION 7S,TOWNSHIP d NORTH, _ RANGF IWESTAOISEMERIOh4N,AOACOUNTY,IOANO ,ueo PP.[P•.Ilq•M M�NIR I I w � 3 A. 1--- ----- Y. �-— k'.a����I.,`•"eY re. ales., a��"•. ,. ®ili - LJ .. Ur --� ,. _ _�•a e� _ �c x 1 ~jam-- .._..— _ j - L� I 3 KnFEllsxsf ` -'L�" I• _ Ii .... 6 �'._' I RESLN RpppbUW6km I SUIMM 9n PP14 B. 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Emergency Access Exhibit 1191HX3 WT)V ON3943M € o x QI'NVIUUM b'ON NOISIAI08fffi 39ON LLODS3Nd -' g�g ff 3 d d o ® f�l"lifl�al a Al H EA n o m 3- Id O \\ pao w €a � � 0 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division 1. Applicant shall comply with all previous conditions of approval associated with this development [H-2020-0047(DA Inst. #2021-132713);H-2022-0058 (MDA Inst. #2023- 025443); TED-2023-0001 (preliminary plat time extension)]. 2. The applicant shall obtain the City Engineer's signature on the final plat within two (2)years of the City Engineer's signature on the previous phase final plat as set forth in UDC 11-6B-7 in order for the preliminary plat to remain valid; or, a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat shown in Section V.B prepared by KM Engineering, stamped on 08/23/2024 by Aaron L. Ballard, shall be revised prior to submittal of the final plat for City Engineer signature, as follows: a. Under References, #R5 — include the Book and Page numbers of Prescott Ridge Subdivision No. 3. b. Depict zero (0) setbacks on lot lines where attached units are proposed where a building setback won't be required/provided. 5. The landscape plan shown in Section V.C, dated 07/12/24, shall be revised as follows: a. The wall along the northern boundary of the property is required to be constructed with development of the medical campus/hospital on the abutting property to the north and shall be a CMU wall with texture and a color complimentary to the subject residential structures per requirement of the Development Agreement(DA)—plain CMU block is not allowed. If the developer of the subject property constructs the wall instead, it shall comply with this requirement. Either remove the wall from the plans or revise the detail to reflect compliance with the associated DA provision. b. Depict fencing along all common open space lots to distinguish common from private areas as set forth in UDC 11-3A-7 (see standards for specific fencing type). Extend clear vision fence at the rear of the street buffer along N. Rustick Oak Way. c. The wall along the northern boundary of the property is required to be constructed with development of the medical campus/hospital on the abutting property to the north and shall be a CMU wall with texture and a color complimentary to the subject residential structures per requirement of the Development Agreement(DA)—plain CMU block is not allowed. If the developer of the subject property constructs the wall instead, it shall comply with this requirement. Either remove the wall from the plans or revise the Detail #7 on Sheet L3.0 to reflect compliance with the associated DA provision.Note:A temporary fence may be erected and removed upon construction of the CMU wall; however; double fencing is prohibited per UDC 11-3A-7A.7b(4). 6. Prior to the issuance of any new building permit,the property shall be subdivided in accordance with the UDC. 7. All development shall comply with the dimensional standards for the R-15 zoning district listed in UDC Table 11-2A-7. 8. Site amenities shall be provided as proposed with the preliminary plat as shown in Section V.C. Page 9 9. Submit documentation for final approval of private streets within this phase of development as set forth in UDC 11-3F-3B [i.e. final approval letter from the Ada County Street Name Committee for the private street names; contact the transportation authority (ACHD) to install an approved street name sign that complies with the regulations of the Ada County uniform street name ordinance; submit a copy of a binding contract (i.e. CC&R's) that establishes the party or parties responsible for the repair and maintenance of the private street, including regulations for the funding thereof]. 10. The rear and/or side of structures on Lots 43, 45 and 67, Block 12 along N. Rustic Oak Way shall incorporate articulation through changes in two or more of the following:modulation(e.g. projections,recesses, step-backs,pop-outs),bays,banding,porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. 11. Administrative design review shall be required for all single-family attached and townhome structures. Compliance with the design standards for such listed in the Architectural Standards Manual is required.A Certificate of Zoning Compliance application is not required. 12. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Matthew Peterson, at 208-887-1620 or Matthew.W.Peterson@usps.gov for more information. 13. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. See the Aaency Comments folder in the project file contained in the public record for additional comments/conditions from other City departments and agencies. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Pivot Point Subdivision (H-2024- 0029) by KB Homes, generally located south of W. Pine Ave. and east of N. Black Cat Rd. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI AND DECISION& ORDER In the Matter of the Request for Annexation and Preliminary Plat of 7.98 acres of land with the R-8 zoning district,by KB Homes. Case No(s). H-2024-0029 For the City Council Hearing Date of: October 15'",2024 (Findings on November 6', 2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of October 15t'',2024, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of October 15t', 2024, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 15', 2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of November 6',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 I I 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. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 15', 2024, incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) - 1 - reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Annexation and Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of October 15", 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 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments,if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). 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- 613-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -2- City Code Title 11(UDC 11-5B-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 §§ 67-652 1(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 October 15t'',2024 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -3- By action of the City Council at its regular meeting held on the 6th day of November 2024. COUNCIL PRESIDENT LUKE CAVENER VOTED COUNCIL VICE PRESIDENT LIZ STRADER VOTED COUNCIL MEMBER DOUG TAYLOR VOTED COUNCIL MEMBER JOHN OVERTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER BRIAN WHITLOCK VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 11-6-2024 Attest: Chris Johnson 11-6-2024 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 11-6-2024 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -4- COMMUNITY DEVELOPMENT C��fEPIDIAN*,,--, DEPARTMENT REPORT IDAHO HEARING 10/15/2024 Legend DATE: Project Location TO: Mayor& City Council Area of impact = City Limits FROM: Nick Napoli,Associate Planner Q Analysis 208-884-5533 ' nnapoli@meridiancity.org APPLICANT: Sabrina Durtschi SUBJECT: H-2024-0029 — h Pivot Pointe Subdivision , LOCATION: Generally located south of W. Pine Avenue and east of N. Black Cat Road in the north half of the NW /4 of the SW /4 r of Section 10, T.3N.,R.1 W. (Parcels: 4' S1210325555; S1210325410) I. PROJECT OVERVIEW A. Summary Annexation of 7.98 acres of land with R-8 zoning district; and preliminary plat consisting of 41 building lots, and 10 common lots on 7.98 acres of land currently zoned RUT. B. Issues/Waivers/Updates Staff is recommending the removal of Lot 2,Block 1 to create more integrated open space within the development. The applicant would like the lot to remain as shown. C. Recommendation Staff. Approval with development agreement and conditions Commission: Recommend approval D. Decision Council: Approved FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -5- IL COMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Use(s) Rural Residential/Agriculture - Proposed Land Use(s) Single family detached dwellings - Existing/Proposed Zoning Rural Urban Transition Area (RUT) in Ada County/ R- VII.A.2 8 (Medium Density Residential) Future Land Use Designation Medium Density Residential (MDR) VII.A.3 Table 2: Process Facts Description Details Pre-application Meeting date Thursday,June 27, 2024 Neighborhood Meeting 7/17/2024; 9 people attended the meeting Site posting date 9/30/2024 Table 3: Community Metrics Agency Element Description Issue Reference Ada County Highway District IV.E • Comments Received Yes - • Commission Action No - Required • Access Pine is classified as a collector roadway. Other than the access specifically approved with this application off of N. Biltmore Avenue, direct lot access is prohibited to this roadway and should be noted on the final plat. • Traffic Level of Service Better than "D" - ITD Comments Received No I - Meridian Fire No comments received I - Meridian Police No comments received - Meridian Public Works Distance to Mainline: Sewer in Pine Avenue; Impacts IV.B Wastewater or Concerns: No Meridian Public Works Water Distance to Mainline: Water available at site; IV.B Impacts or Concerns: No School District(s) West Ada School District IV.D • Capacity of Schools Elementary: 700; Middle: 1250; High: 2075 - • Number of Students Elementary: 533; Middle: 957; High: 1833 - Enrolled See City/Agency Comments and Conditions Section for all department/agency comments received or see public record: (https://weblink.meridiancity.org/WebLink/Browse.aspx?id=353455&dbid=0&repo=Meridian C ity) . FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -6- Figure 1: One-Mile Radius Existing Condition Metrics 2.00 1,500 Single-family Residential L 1.50 a � 1,000 , Parcel Diversity y 1.00 u° p Parcel Count v, 0.50 500 L 0.23 0.10 a •Average Acres �° 0.00 1610'1 0 R-2 R-4 R-8 R-15 Average Single-family Density by Zoning Average 15.00 WResidential Net Density Q 10.00 E 10.25 O p 7.14 5.51 � 5.00 C 4.32 O 1.68 0.00 Dwelling Units / Acre R-2 R-4 R-8 R-15 Figure 2: Service Impact Summary -rvi ce I m pact Tool Ready Marginal Caution FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point-H-2024-0029) -7- III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. General Overview The Applicant proposes to annex 7.98 acres of land with an R-8 zoning district. A preliminary plat and conceptual building elevations were submitted showing how the property is proposed to be subdivided and developed with 41 single-family residential detached dwelling units at a gross density of 5.51 units per acre. The proposed use and density of the development is consistent with the Medium Density Residential (MDR) FLUM designation of 3-8 units per acre. Single-family detached homes are in the development process to the west and south while to the south of the railroad,the planned Medium High-Density Residential development consists of attached,townhouses, and, and multifamily dwellings. Single-family detached dwellings are listed as a principal permitted 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. The property is contiguous to City annexed land to the north and is within the City's Area of City Impact boundary. A legal description and exhibit map of the overall annexation area for the R-8 zoning districts are included in Section VII. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-651IA. If this property is annexed, Staff recommends a DA is required with the provisions discussed herein and included in Section IV. Table 4: Project Overview Description Details History N/A Phasing Plan 1 phase Residential Units 41 single family detached units Open Space 1.15 acres/15.06% Amenities 2 amenities—Fire Pit and Pathway Physical Features Kennedy Lateral Acreage 7.98 acres Lots 51 total lots; 41 buildable and 10 common Density 5.51 du/acre/7.15 du/acre R-8 Dimensional Standards 4,000 square feet; 4,307 square feet (Required and Proposed) B. Site Development and Use Analysis 1. Existing Structures/Site Improvements (UDC 11-1): The subject site contains four existing structures: four homes and accessory structures. Prior to the City Engineer's signature on the final plat,these structures shall be removed. 2. Dimensional Standards (UDC 11-2): The proposed plat and subsequent development are required to comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. The proposed plat complies with the dimensional standards of the district. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -8- C. Design Standards Analysis 1. Site Design Standards (Comp Plan, UDC 11-3A-19): Goals 2.01.02D,2.01.01 G,and 2.02.02C emphasize a diversity of housing types throughout the city to meet the needs,preferences and financial capabilities of Meridian's present and future residents. Additionally,these goals promote infill development that does not negatively impact existing developments. The subject site is adjacent to the established R-8 developments (Chesterfield Subdivision No. 1 and Horse Meadows Subdivision)to the east and west. To the south is county residential land not yet annexed into Meridian,and to the north is W. Pine Avenue. The preliminary plat and conceptual building elevations were submitted showing how the property is proposed to be subdivided and developed with 41 single-family residential detached dwelling units at a gross density of 5.51 units per acre(see Sections VII.G). The proposed use and density of the development are consistent with the MDR FLUM designation.Additionally,the proposed single-family detached dwellings with a mix of lot sizes will contribute to the variety of housing options in this area and within the City as desired. Single-family detached homes are in the development process to the west and south while to the south of the railroad,the planned Medium High-Density Residential development consists of attached,townhouses, and, and multifamily dwellings. Single-family detached dwellings are listed as a principal permitted 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. The property is contiguous to City annexed land to the north and is within the City's Area of City Impact boundary. A legal description and exhibit map of the overall annexation area for the R-8 zoning districts are included in Section VII. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-651IA. If this property is annexed, Staff recommends a DA is required with the provisions discussed herein and included in Section IV. 2. Qualified Open Space &Amenities (Comp Plan, UDC 11-3G): Goals 2.02.00 and 2.02.0113 of the Comprehensive Plan focus on creating safe, attractive, and well-maintained neighborhoods with ample open space, diverse amenities, and alignment with community needs and values. Open Space Requirements (UDC 11-3G-3): a. Baseline Requirement: For developments zoned R-8 (Medium Density Residential)a minimum of 15%of the subdivisions area(7.98 acres) shall be qualified open space. The applicant is proposing 1.15 acres of qualified open space exceeding the 1.12 acres required to meet the minimum standard. However, Staff recommends Lot 2, Block I is removed to create more integrated open space. The placement of Lot 2, Block I creates an isolated parcel that abuts open space, a gravel access road, and street landscape buffers. Additionally, the lot creates possible conflict points when having to ingress and egress for the property owner. Due to these concerns, staff finds that UDC 11-3G-3-2b "Open space shall be accessible and well connected throughout the development"is not being met. The subdivision features two main open space areas: a linear space along the Kennedy Lateral and another linear space on Lot 19, Block 1.The common lots 6, FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -9- 12, 22,and 33 do not count as qualified open space but are provided throughout the development.The Applicant illustrates the lateral as piped underground. The large central open space area is approximately 45,935 feet in size and is the largest usable common area within the project.The applicant proposes a gravel access road and micro-pathway that runs through the open space for pedestrian connectivity and irrigation district access.The linear open space along the Kennedy Lateral is approximately 50 feet in width and over 500 feet in length. This linear open space connects with the Chesterfield No. 1 Subdivision's open space.This is discussed more in the amenity section below. Amenity Requirements (UDC 11-3G-4): For single family subdivisions 1 amenity point is required for each 5 acres of gross land area. The subject project size of 7.98 acres requires a minimum of two(2)amenity points. The applicant is proposing the following amenity. a. An outdoor fire pit worth 1 point. b. A pathway(does not meet the requirements to qualify for a point) In order for the pathway to count towards the amenity requirements it shall be paved and landscape in accord with UDC 11-3A-8 and 11-313-12.0 to connect to N.Biltmore Avenue and W. Pine Avenue.If the irrigation district does not allow for these improvements within the easements the applicant shall provide an additional qualifying amenity equaling one point or more with the final plat application. 3. Landscaping (UDC 11-3B): i. Landscape buffers along streets A 20-foot wide street buffer is required adjacent to Pine, a collector street. This buffer should be landscaped per the standards listed in UDC 11-313-7C and placed into a common lot that is at least as wide as the required buffer width;this common lot should also contain the detached sidewalk required along W.Pine Avenue. Due to the neighboring subdivision to the east(Chesterfield Subdivision No. 1)having an attached sidewalk along W. Pine Avenue,the sidewalk on the east of N. Biltmore Avenue with Pivot Pointe will become attached. The landscape plans appear to show compliance with these requirements. ii. Tree preservation A Tree Mitigation Plan should be submitted with the final plat detailing all existing trees and methods of mitigation outlined by the City Arborist before any trees are to be removed as set forth in UDC 11-313-10C.5. iii. Storm integration Storm drainage is required to comply with the standards listed in UDC 11-3A-18. Drainage swales should not be within the landscape setbacks along W. Pine Avenue. iv. Pathway landscaping Landscaping is required along all pathways with a minimum of 5-feet wide shall be provided on each side of the pathway with a mix of trees, shrubs,lawn,and/or other vegetative ground covers per the standards listed in UDC 11-313-12C; the landscape plan should be revised accordingly. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) - 10- 4. Parking (UDC 11-3C): i. Residential parking analysis Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit. Staff will confirm compliance with these standards at the time of building permit submittal for each residence. 5. Building Elevations (Comp Plan,Architectural Standards Manual): Goal 5.01.02D of the Comprehensive Plan highlights the need for effective building design and landscaping to buffer, screen,beautify,and integrate commercial,multifamily,and parking areas with existing neighborhoods. In response,the developer has submitted twelve (12)conceptual building elevations and floor plans that illustrate the appearance of future homes in the development(see Section VII.H). The proposed designs include variations of both one-and two-story homes, each featuring a two-car garage. The elevations showcase a range of architectural styles and design elements, including lap siding,diverse color accents,varied roof profiles, and different home styles. Staff review confirms that these elevations adhere to the city's architectural standards and comply with the required design criteria. Homes on lots that abut W.Pine Avenue, a collector street,-will be highly visible;therefore, the rear and/or side of structures on these lots (i.e. Lots 2, 16, 17, 18, 19,20,Block 1 and Lot 2,Block 2) should incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses, step-backs,pop-outs),bays,banding,porches, balconies,material types,or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. 6. Fencing (UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. According to the submitted landscape plans,the applicant is proposing two types of fencing throughout the site,vinyl solid fencing and wrought iron semi-privacy fencing. D. Transportation Analysis 1. Access (Comp Plan, UDC 11-3A-3, UDC 11-3H-4): Goals 6.01.01H and 6.01.0213 of the Comprehensive Plan stress the need to minimize the number of direct access points onto arterial streets. This can be achieved through cross-access agreements, access management, frontage and backage roads, and enhancing connectivity through local and collector streets. Additionally,these goals highlight the importance of incorporating pedestrian access connectors in new developments to link subdivisions and support neighborhood connectivity within a community pathway system. The proposed access for the development includes W. Pine Avenue from N. Biltmore Avenue and W. Quarterhorse Lane from the west. The project relies on the Horse Meadows Subdivision,which is directly to the west,to reconstruct a portion of W. Quarterhorse Lane (currently a private road)into a public street. This will provide a secondary public street access. The existing curb cut on W. Pine Avenue will be removed, and curbing will be extended across the driveway. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) - 11 - Access from W. Pine Avenue via N.Biltmore Avenue must align with N. Biltmore Avenue on the north side of Pine. However,ACHD has indicated that this alignment does not meet their policy requirements and will need to be revised before the final plat submission. Since the final plat for Horse Meadows Subdivision has been submitted but not yet recorded, there is currently only one access point to the site. Given that this property and the surrounding areas are designated as R-8 (Medium Density Residential)on the Future Land Use Map, staff recommends including a stub street to the south to facilitate future connectivity,in line with UDC 11-3A-3A.2. The proposed preliminary plat appears to comply with these standards. 2. Pathways (Comp Plan, UDC 11-3A-81): Goals 4.04.01 and 4.04.02 of the Comp Plan emphasize connecting local pathways from neighborhoods with regional pathways in commercial/community serving areas.No multi-use pathways are proposed or required with this development because the master pathways plan does not show any multi-use pathways adjacent to the subject site. The applicant is proposing attached sidewalks along all local streets that will connect to the detached sidewalks proposed along W. Pine Avenue. Additionally,the applicant is proposing a gravel micro-pathway along the Kennedy Lateral for better connectivity and pedestrian connection to the open spaces. Staff recommends adding a 5-foot micro-pathway on Lot 19,Block 1 to improve access and pedestrian connectivity to W. Pine Avenue for the western part of the subdivision. Additionally, staff recommends the gravel path leading to the Kennedy Lateral is paved and pathway to count towards the amenity requirements it shall be paved, landscaped,and extended in accord with UDC 11-3A-8 and 11-3B-12.0 to connect to N. Biltmore Avenue and W. Pine Avenue. If the irrigation district does not allow for these improvements within the easements the applicant shall provide an additional qualifying amenity equaling one point or more with the final plat application license agreement is entered with NMID for use of the gravel access road. With these additions, staff supports the proposed pathways and their design. 3. Sidewalks (UDC 11-3A-17): A detached side walk is proposed along W. Pine Avenue until the development crosses onto the east side of Biltmore where it becomes attached to connect with Chesterfield Subdivision No. 1. Five-foot wide attached sidewalks are proposed within the development in accord with UDC 11-3A-17 standards. 4. Subdivision Regulations (UDC 11-6): i. Dead end streets Dead end streets and Cul de sacs(N.Axis Avenue and W. Pivot Place)do not extend further than 500 feet and have less than 30 dwelling units. The applicant has met the dead-end streets regulations as listed in UDC 11-6C-3. ii. Common driveways The common drive shall meet the standards set forth in UDC 11-6C-3. The applicant is proposing a single common drive which has 4 lots taking access from it. Three(3)lots are taking access on the south side and one(1)from the north side. Additionally,the common drive is 31.50 feet wide and does not exceed 150 feet in length. The common drive meets these standards. iii. Block face Block faces are proposed in the development in accord with UDC 11-6C-3. The applicant is in compliance with this standard FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) - 12- E. Services Analysis 1. Waterways (Comp Plan, UDC 11-3A-6): Goal 4.05.01 D of the Comprehensive Plan discusses the importance of improving waterways throughout the city and residential areas. The Kennedy Lateral runs through the center of the site. The Nampa Meridian Irrigation District(NMID)requires an easement for the Kennedy Lateral. The easement for the Kennedy Lateral at this location is a minimum of one hundred feet(100')total, fifty feet(50') each side. The applicant is proposing to keep the Lateral but will be tiling it underground to provide larger linear open space. 2. Pressurized Irrigation(UDC 11-3A-15): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. 3. 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. 4. Utilities (Comp Plan, UDC 11-3A-21): Connection to City water and sewer services is required and are available to be extended by the developer with development in accord with UDC 11-3A-21 and Goals 3.03.03G & 3.03.03F. Urban sewer and water infrastructure and curb, gutter, and sidewalks are required to be provided with development of the subdivision. IV. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s) at the time of annexation ordinance adoption, and the developer. A final plat shall not be submitted until the DA and Ordinance is approved by City Council. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions IF City Council determines annexation is in the best interest of the City: FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) - 13- a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan, common open space/site amenity exhibit, and conceptual building elevations included in Section VIII and the provisions contained herein. b. Homes on lots that abut W. Pine Avenue, a collector street,-will be highly visible; therefore, the rear and/or side of structures on these lots (i.e. Lots 2, 16, 17, 18, 19, 20, Block 1 and Lot 2, Block 2) should incorporate articulation through changes in two or more of the following: modulation(e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. 2. The final plat shall include the following revisions: a. Replace the street name for"N. Axis Avenue"with"N. Stronghold Avenue" in accordance with the Ada County Street Name Review. b. Replace the street name for"W. Pivot Place"with "W. Meadowpine Court" in accordance with the Ada County Street Name Review. c. Graphically depict the ACHD stormwater drainage easements referenced in Note #6. d. Depict a paved 5-foot micro pathway through Lot 19, Block 1. e. Remove-Lot Bivek 1, and ineer-per-ate-thisarea to the eenffnoa open spaee fethe deN�elepmei#. f. Direct lot access to W. Pine Avenue is prohibited. g. The applicant shall comply with the common drive exhibit and provide a note on the final plat that addresses maintenance and access on the specified lots as shown in exhibit VI.J. h. Provide a 6-foot open vision fence along Pine Avenue enclosingthe he open space and coordinate with the Nampa Meridian Irrigation District for fencing in their easement. 3. The landscape plan submitted with the final plat shall include the following revisions: a. Include mitigation calculations on the plan for existing trees that are proposed to be removed in accord with the standards listed in UDC 11-3B-IOC.5. The Applicant shall coordinate with the City Arborist(Kyle Yorita kyorita(cD,meridiancit") to determine mitigation requirements prior to removal of existing trees from the site. b. Update the landscape plan showing the new location for Lot 2, Block 1. c. Depict landscaping on each side of the 5-foot micro pathway running along the Kennedy Lateral. d. The 5-foot pathway proposed in Lot 3,Blockl shall be paved,landscaped, and extended in accord with UDC 11-3A-8 and 11-3B-12.0 to connect with N. Biltmore Avenue and FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) - 14- W. Pine Avenue. If the irrigation district does not allow for these improvements within the easements the applicant shall provide an additional qualifying amenity equaling one point or more with the final plat application. e. Depict a paved 5-foot micro pathway through Lot 19, Block 1. f. Pave the gravel path leading to the Kennedy Lateral and enter into a license agreement with NMID for the use of the gravel access road. g. Provide a 6-foot open vision fence along Pine Avenue enclosing the open space and coordinate with the Nampa Meridian Irrigation District for fencing in their easement. h. Remove Lotr leek 1, and ineepera4e-this area into the EemmvnvFen space yr the development. 4. The proposed plat and subsequent development are required to comply with the dimensional standards listed in UDC Table 11-2a-6 for the R-8 zoning district. 5. Prior to the City Engineer's signature on the final plat, all existing structures that do not conform to the setbacks of the R-8 zoning district shall be removed. 6. Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 7. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit. 8. The Applicant shall comply with all ACHD conditions of approval. 9. The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-313-5, UDC 11-313-13 and UDC 11-313-14. 11. The preliminary plat approval shall become null and void if the applicant fails to either: 1) obtain the City Engineer's signature on a final plat within two years of the date of the approved findings; or obtain approval of a time extension as set forth in UDC 11-613-7. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) - 15- B. Meridian Public Works PRE-PLAT C'UNDITIONS' wa,511~er 'DiAO T to k%ver Sewer Is al H Black Cat Itu- SP VWAI% Se .. 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AlkS t4W ang►Mf c"gLCM4 Widlilll 11kI•prr4tiel}Nlkl 1k'Trcwvcd n 11rih ILY,y L MT C IL}'fah Harl[C $pdxxr 9•k4 arLJ 9 4 K ('mWlart C'adI l 01gLncL HLniiIth(Kw aha•wkvina4ni pnrr:Yduriz and allapm Items i 249LI 4 74L.12 11 4. $InM SigM arr b be m phKV.TaniLon wwtr arLd wmer Fr5tcm•ha I.L'e npprrmsed and aGn+ik . euLLA kwscapprtk ed by Iht Add(tkiln4 L11Fharo,r?LrIrwi Arid the Vinbl Plat far dwh mbdk4 dkM ifmll k RYordid.pow ki 7wpl%lnF for h11Lld Ln&pCrmils. Ill A limier of cm-d L or each sLgkLly IN thr alnuum ut 1 rlr.ti%ill 11L Injul d W all Mcomlpk'Lcd foKing.lmtdssapinlL;IMMILics.c1[.pr`or w FiFpa un on dnc fowl plrl 11.ALI 4mIHOLcmco"rruLed su p.We hk-Way.JLdr1 termite*Jul lwcacWkLwd prim 1ouLLti wcd of lk i4rl.ilumt Wwrr aplpmL ad bl she fnv Lridi rwgr.an ow wr Lual rmw a pffka wine mriny for Atft improL cmrav in order w ad Lin Coy F.nginoer seam L R au At fVLd pros:G SCL fmdk i a I!.AppLLunL"I k rmuired W pay J'Akc Wod.%det LAupcoug plan m Lcw.arri LomtrLLL:Iroe rlNptiti 1 N+n fw L-in Lurnl+Icd dur11rp[he p1.n1L N,iL`LL p 1WCAF.plLrar In Lhe imliikMe 44 a rllap XrT uzil LerLa. I% It tihtll br the 1nrJlrrru blllrT;H the oppliront k�errnlreiihAl all drYL 1VWLrJ1 kalvus rcukmL w1111 dw Amonimel!�wil II L)mdMJ1tLn het and the Farr Hlnewnp{lL. r. Id -lr -LanL shn11 k rawp MMblc im ar�Llrtaum And Lnmplla-WL w f1h My)LXI1L5n 4114 rctlrlrldnp ihait nm.y b4 Tsgvwd by Ike Arm-p(orps of Lnglncem. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) - 17- C. Nampa& Meridian Irrigation District Chadene Way F► m: Erika alvera {Eolvera@nmEd.org> Sent: Monday.August 19,M4 11.11 AM To: City Clerk Subject RE=Development Apprication Transmittalls-Pivot Pointe Sub-H-20M.0029 External Sender-Please use Caution with WkS or at Chm*nts, ------------- Nampa & Meridian Irrigation District (NMID) currently has a Land Use Change Application on file, for the project mentioned above. NMID will withhold further f omment until our review is complete- All private laterals and waste ways must be protected. All municipal surface drainage must be retained onsite. If any surrw-drainageleavesthesite,NMll)must review drair10geplAns.l7eve10pef iniEstCamply wish IdahoC'ude 31-3805- From:-clerk@meridi aricity.org<slerk@meridiancity-org} Sent:Thursday,August 1,2024 8:53 AM To:NMID<NM I DO nmid.org> Subject;Development Appliryation Transmittals-Pivot Pointe Sub. H-20244)G29 Development Application Transmittal Link to Pr0`(�Ct A l}lic%ii iou; Pit Pivoi F inw.Subdivigion A T PP F F-2024-002i) Hearin Date: Se water 19,2024 Assigned Planner: Nick Napoli 7 a wieMr rlpr C'in r+ :tifi rcyiart 1);bfie RfteVnk-R rtor 7rc i, f h f The above"Link to Project Application"will provide you with any further information on the project. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) - 18- D. West Ada School District(WASD) Exhibit A West Ada Schaal District STUDENT GENERATION RATES West Ada School District;LilASD}uses a Student Generation Rate(SGR)to determine what Impact future development will have on enrollments.Based on the submitted application materia'Sr the proposed project will contain 41 single famlly units and ID mull-family units resulting in approximately 24 school-aged children.The proposed project is within the following school district boundarlesr currentlyr and approval of the project may affect en rollrnenn at the followi ng schools, Z3-24'Email ment Ariihitectural Capacity Chaparral Elementary School 533 7U0 Meridian Midd le School 957 1250 Meridian High Schaal 1833 2175 rudest Generation Rate 1500 Total Units Estimated Archlteelmral DEMopmenkAmsZone Sift le Fangly I Multi FWAY Sin leFarol MultiFamll Students Capacity Chkapaffal ElemeMa Schad 0.58 0-13 all D 24.-D] 700 'Mi5 irddefflatibrl it intli�nd!d of a elef eE�nte�,rathOT than a d6ritivL!�tG01. HISTORICAL ENROLLMENTS The fallowing table Includes hkstorlcaI student enrollment data for schools in close proxl Miry to the proposed development that may be affected by future school boundary changes= Attendance Development Area Yana 2023-2024 2022-2022 2021-2022 2020-2021 Chaparral Elementary5chool 533 535 527 361 Reregrine Elementary Schaal 454 426 469 390 Ronderosa El ementary School 434 429 464 405 Meridian MlddleSchool 957 1 1076 1 1195 1t028 Meridian High School 1833 179S 1761 197G Owhyee High School 181G 1781 14SB Notes: + Attendance data per ldahoDepa.tm Ent ofEduckionI-WfSDASOprbvideshirbmicaIEnra11 men t data:Mtns:ffvrvrw-West ada.arr;faalsefdi5trirt-data + Rrbjerts can he-built in phases and full imparkS not immiadiate. * Architectural Capacity-the-raparity established at the time a school is designed based on the nUMber of g4!mral eduration dassrobrrrs in the building_3 'httpc}}www.sde.tdahOgau{finance} https://www.wesUda.argffiageffacility-plaril FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) - 19- E. Ada County Highway District(ACHD) rwut►eri^Il.01 Lotm _ '41wda Gdtl.N=e Pm*dem ACHD J `19� C.u�m4r.a�w y.7r fsrwnr..l.Cj-3r7tlA—Aaz: rsna WgIrw•{4—mn4-0rw' Air Date July 24".2024 To:Salmi na purtschil,kB Hflrne Staff Cnrrtact:Man Pal,Planrrea Project CeSerIprlorti Pawl P01AUP TrtiPGerleraelon: TnisdeveloPme-nt csemmatedWgene aee397vehlcictlga5 p-2f❑ivy. 39 vnhIC10 9n P pgr hgUt in the RM peAk h0U r_bowd on th@ In#1itLAQ W Tr1f%pU.t.FI io.i Eng,l ls-rrlpci&mrarpon Mar,Ual,11`"BGIS+C■'r r � ■ Connecting you to mom #dia Y}MPr7rl-Wkr.TMOrdarm5[rw •C.WWGk� Ip•OrM-FIFE 77BWT-bkM.FXUS76%•WWN*ftMftWq FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -20- F. Ada County Development Services ADA COUNTY DEVELOPMENT SERVICES %w%.Huo-41 YMUL t,IdCAS ,Ltan.iku MI W-7}IMr Pii5WjMNI+s7-79M �: - - FAXg21IR12R-?--N 4 10 TLDING • COMMUNTTY PLANNING s ENGENEERNG&SURVEYING o PERMT17F.4 i Ai.iipFt 7,2p24 NKk Nopah Mend3an CAA Planning,Deparmem 33 F.Hrnaduay*tcnre N102 Mtridian,rD m�642 RL H-202440429 r Par-0s MS 1210525 SSS dnd S 1210 W4I0+Prot Poinlr SuWiriawn Nkek- T1w('"ol-Mcnahun hap;requv%Wd feudtoLk regarding ft pmP[L.ad annulackm w9b elxring of''��R'�4 s prc jModium Lim Dengir} kcidcwiall and s riminm plan s for the Piu Poiwc ULWIVIkILM w11Kh will cw"i*j of a 14t1whM Kn►n1c-f#nki l) buvivK on 7-FA-#mm venamlly lorded ou the eml of Black Cat Read and s,wih of Pine Av�mw, xgw6likeally on Parcels 8121 U323553 4DdS1214J12141UL m-oh[n[he C-ily's AFraof-Ucy InWaa. Ads County is Frpf mim of Ina applkAtmm dud Iuhe t pmx inuLy or the siir lu cluslmg publ is 7pmion-r:naf�-. offtA&L C nLti'{'IrmrL}Ch4�xi1�Pion 4-hkmurj4[4mICai4�Cnlit��k'4'CwrlimCnL to +xcur al urban denmtles uilhm Areas of C-iiy Impact where public (L7C1.1111CS are nNalliLhlr.Jos the Fuiwc Ljubd Vir Map of Ihr MrtMllam L'L1MVtr1rnKnc flan,W adoptgd by Ada County.designates thr mtc as Afedimm D mih-Riesfderrtfal.winch is pnrnarily rntradcd for s1rLLir-i.iu1Jr hamtm r[Lkn 11je%L Arat W LIga dart)lied uuLrs pro Aeft.the propLutd IMM2 af11-4 LMAium Low DeFimty RcMdan ial l is mmFmtible wilh the couTmhmira plan. The lati-auL of th dt e veio 0CM also emplicc Kiln many of the goals of the %icridian (milvlchLIL VO Mik.WN11 JW JW4ijkh L IJ d-di alc LVtr Ib+.idf Ilk MIX ax Llf�!.%j%&LC thL fpmp)ml ro inc ludo a fim pat as;i gml r plxe_is.mggKmUd lay Gmd 3.07 0.rI of Lhc I fgridiin h'LwrllN�lYLhl�L4'L Pia* &L aLiL pt[ L h, A&C.MMIw. L ilkh LSIIt LA!hkj�iM Lbahk Wik Lti he inmi-FK4awd imo rom resick111171 n4h&v4' ,KKK Think you for Ilrt Lop WuMV topro►idr romm¢nt{snd plLa%c FtLeI Welocontnol me wilh any g1L"s[0M. SiNcerely, sme4y va AAfftar.. Rovy YurringLoe CbmmuaiLyA Ike MWIP13WWF Ada Coumy Lan c6pmcili.Senwori V. FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) 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 annex the subject property with R-8 zoning and develop single-family detached dwellings on the site at a gross density of 5.37units per FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -21 - acre is consistent with the density desired in the MDR designation for this property; the preliminary plat and site design is consistent with the Comprehensive Plan, if all conditions of approval are met. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment to R-8 and development generally complies with the purpose statement of the residential districts in that it will contribute to the range of housing opportunities available in the City consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed residential uses should be compatible with adjacent 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. Comments were not received from WASD on this application so Staff is unable to determine impacts to the school district. 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation is in the best interest of the city if revisions are made to the development plan as recommended. B. Preliminary Plat and Short Plat(UDC-6B-6) The City Council finds there are no roadways, bridges or intersections in the general vicinity that are in the IFYWP or the CIP. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. VI. ACTION A. Staff: Staff recommends approval of the proposed annexation with the requirement of a Development Agreement, and preliminary plat per the provisions in Section IV in accord with the Findings in Section V. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -22- B. Commission: The Meridian Planning & Zoning Commission heard these items on September 19th, 2024. At the public hearing, the Commission moved to recommend approval of the subject Annexation and Preliminary Plat requests. 1. Summary of Commission public hearing_: a. In favor: Sabrina Durtschi, KB Homes (Applicant) b. In opposition: None c. Commenting None d. Written testimony: Karla Ehlers; Kathy Gallentine;Natalie Purcell e. Staff presenting application: Nick Napoli f Other Staff commenting on application: None 2. Key issue(s) of public testimon: a. Concerns expressed were about the density of the subdivision, traffic and congestion on the roads, and schools being over capacity. 3. Ke. ids) of discussion by Commission: a. Lot 2, Block 1 being removed to provide additional open Space. 4. Commission change(s)to Staff recommendation: a. None 5. Outstanding issue(s)ssue(s) for City Council: a. None C. City Council: The Meridian City Council heard these items on October 15th, 2024. At the public hearing, the Council moved to approve the subject Annexation and Preliminary Plat requests. 1. Summary of the City Council public hearing: a. In favor: Sabrina Durtschi b. In opposition: Karla Ehlers,Natalie Purcell, and Kathy Gallentine c. Commenting: None d. Written testimony: Karla Ehlers,Natalie Purcell, and Kathy Gallentine e. Staff presenting application: Nick Napoli f. Other Staff commenting on application: Bill Parsons 2. Key issue(s) of public testimony: a. Concerns with traffic, school capacity, density, and Fuller Park being overcrowded 3. Key issue(s) of discussion by City Council: a. The removal of Lot 2, Block 1 and fencing around the common open space along Pine Avenue. 4. City Council change(s)to Commission recommendation: a. City Council was in favor of the applicant's relocation of Lot 2, Block 1. Additionally, the council required a new condition regarding fencing around the common open space. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -23- FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -24- VII. EXHIBITS A. Project Area Maps (link to Project Overview) 1. Aerial Legend .. � r ,0; p Project Location m °�'-AL ;��•:;� Area of Impact }= City Limits O Analysis ce= aas 9 lb43 GE03 � 163: ,4tlR fP -yR �r 94 sryP /3 a ir FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -25- 2. Zoning Map Legend I Project Location -O *XT7n � Area of Impact }_ City Limits OAnalysis ,n �E R1 ED W " TfV-R C=G n M1 M-E C-N . : R-40 ------- ---- R-15 RUT -L C-C 3. Future Land Use Legend fice, no CiVIC Project Location -_', 0 Area of Impact v IUD1 }= city LimitsHTTH'Medium-Dens ® Analysis _ _ �R SIB entiQl' Low Density ` Residential Med-H_�gh Hi h Density Density General Residential $ �� Indus#rial Res idential Ei 1 Mixed Low, ? Employment--Density — Employment MU.;Com _ FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -26- 4. Planned Development Map Legend � 0 Project Location f r.LITI1 „ City Limits - Planned Parcels _ �mt�� Area of Impact = City Limits O Analysis ® �1 q ■ FF ae r8� FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -27- B. Subject Site Photos -.Rol / J l S.v E _y 1 i FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -28- C. Service Accessibility Report Overall Score: 25 17th Percentile Description Location Within 1/2 mile of City Limits YELLOW Extension Sewer Trunkshed mains < 500 ft. from parcel GREEN Floodplain Either not within the 100 yrfloodplain or > 2 acres GREEN Emergency Services Fire Response time > 9 min. RED Emergency Services Police Meets response time goals most of the time GREEN Pathways Within 1/4 mile of current pathways GREEN Transit Not within 1/4 of current or future transit route RED Arterial Road Buildout Status Ultimate configuration (#of lanes in master streets GREEN plan) matches existing (# of lanes) School Walking Proximity Within 1/2 mile walking GREEN Either a High School or College within 2 miles OR a School Drivability Middle or Elementary School within 1 mile driving GREEN (existing or future) Either a Regional Park within 1 mile OR a Community ParkWalkability Park within 1/2 mile OR a Neighborhood Park within GREEN 1/4 mile walking FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -29- D. Concept Plan (date: 6/25/2024) Horse Meadows Pivot Pointe t ] { 4 Alexander s Landings ® — I - I o I MOT A ----I PART I usK- r I u . Nor I + w+rtmo.a I r � I I I PIVOT POINTE DEVELOPMENT OVERALL SITE iurc]S i2"4 � - - r-I,: kb S7ACK ROCK ueMe FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -30- E. Landscape Plan (date: 6/10/2024) r _, ff = ® ® _ N. em_ .�,�,... - - lo I I I• � � � � I III -- -- ---v- I °- LIW __------ _--- _---- _______________ ---_----_--- _--- ___ __� e._m...i. ...w.�� PINERY. - I _4- ..�.- .... i : l..... W.PIVOTPL I 11 -P (P - - h W_OI.IARTERHo2E 0R.__-_f� F �- - - - --- -- - ----- _�--- ----- L101 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -31 - 0 ------------------ mm ww i - - -_-- -______- - -'-------- --------- z ' o o (D o F fLrLl-L_�T 1 - - -- - :- li ' • ____-i �L702 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -32- F. Qualified Open Space Exhibit(date: 10/7/2024) - - -�-- ® {�6 '�• O N V '�? ® o i J o Es ALEONDER LAUNK SUOMSION(fWURE) emra P1.1 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -33- G. Preliminary Plat (date: 10/7/2024) PRIEUMINARY FLAT OAOWING PIVOT POINTE SUBDIVISION LOCATED 14 THE WA OF THE SW 1/4 OF SECTION 10 T-3N-.R-1w.&M ADA COUNTY.MERIDIAN,IDAHO APRIL 10.2024 M'W FKL%- ! ILT& M%f i � 1 o IYafYP Mur 13. 1w. Ift- ny& K.%L z%. 7 Tr&i Tlaw�' w a 2 Uzi, _ .—..--- ;pj 0 W 7T.11—HORSE MEADDWS SUSO VISIONiIL 0" (FUTURE) L SUP= "01 il I A., 41 7n= . ...... --- .OEk LANIINmG, SUSINVISION(qnURE) FA W Pi-1) FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -34- H. Building i6/10/2024) A E son go ti. FINDINGSORDER (PivotFOR 1 1 I x �� •'� � - � r�rF �Y ` •Y +1• 'mot' L- Milo FINDINGSORDER (PivotFOR 1 I. Annexation Legal Description& Exhibit Map Lail 11pscriptiaR Proyo$W Pivot Pointe Subdivision -Annexation A parcek being located n the N.YV Y, of:he SVV A wid the SYV N of the NVV I/.or Section 10, Township 3 North, Range 1 West, Boise Mlei-Wien, Ada County, Idaho, and more partieulafty described as follflvrs: Comnwang at s Braes-Cap monument rnarKing the northwest comer of safe h V 1/.of the SW 'A,from wMen a Braes Cap monument rnark,ng khe northeast comer of sad N4V'l.CO.thft SVV% bears S W11-W E a distance of 19111.5a feet; Thenm ak�q the rtcrlherl bou'tdaay of Bald NWv V.of the SVV V.9 8041I'W' E a dwunce of 524 92 feet to the POINT OF OEGMNING, Thence leavng said norlherly boundp+y N 0'3 13' E a dislarwoe of 18 50 feed to a point on the cemerline of VV Pine Avenue TrionDe along saw l conterhne S W i 1-08' E a dlstarree of 793.65 feet ID a point on the eastery ba„neary of said SW Yt of the NW Yt Thence S 0`�VV W a" sold 9oslarh boundary anti the PaEterly bumdarr of saed NW Y,n( to SVV Y, alla 4erng the waSrerJy boundary of Gheslarfield Sutdivismn N4. 1 as sliawrF rrl Book D6 of PIats an Payee 11!;24 through 11928. ruwrds afAaa County. Idahn a distance of 438.56 feel to a daolnt. Thence seaving said bcunuary N 89`21'28' 4V a 0Ibtanee of 793.90 feet to a owl. Thence N 0'38 3S'E a aistanca of 420.45 feet to the POINT OF BEGINNING. Said parcel cQmans 7 98 acres and Id subjecl to wiry e,ssemwwts exiwiN oar in use Minton W.Martaen_PLS Land Sciiwb ns. PC ����} L4 No Ak»J y`� ;,+ r',P qL b i 118 77 ON FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -37- PROPOSED PIVOT P INTE SUBDIVISION ANNEXATION LOCATED IN THE NVV 114 OF THE SVV 114 AND THE SW 114 OF THE NW 114 OF SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 VVEST. BOI E MERIDIAN, ADA COUNTY IDAHO W S 1/4 9 PINE AVE. Cwi{16— C11+ — 9 Na'38'33"E S8911`08 ff 793,65' 70 524.92' 117 25' POINT OF PN 4 N.. 9L+Cx CAATT RD Rp.L 5121C BEGINNING FT ANNEXATION AREA = 7-M ACRES � PARCEL 5121432565E 4WO Yr. OvARTERBCR5E LH. M chi W. WARTERHME LASE (PRIYATE) 91 11118 7r Land Surveying grad Consulting 0. 1OU 200' 4QQ' � C+� L' 731 E STHST 0} W.k3� MEROW4 ElRM*U i276i 28B�1 �6Al2BR'2 NF7'A, wax�d.d.lmhc J. Common Drive Exhibit: FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pivot Point—H-2024-0029) -38- E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Calvary Chapel (H-2024-0020) by Calvary Chapel Meridian, located at 2600 W. Nelis Dr. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI N,, AND DECISION& ORDER In the Matter of the Request for Rezone of 8.41-Acres of Land from the I-L to the C-C Zoning District for the property Located at 3600 W.Nelis Dr.,by Calvary Chapel Meridian. Case No(s). H-2024-0020 For the City Council Hearing Date of: October 22, 2024 (Findings on November 6,2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of October 22,2024, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of October 22, 2024, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 22, 2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of October 22,2024,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 I I 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. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 22,2024, incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR CALVARY CHAPEL RZ H-2024-0020 - 1 - 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 rezone with the requirement of a new development agreement is hereby approved per the conditions of approval in the Staff Report for the hearing date of October 22,2024, 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 §§ 67-652 1(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 October 22,2024 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR CALVARY CHAPEL RZ H-2024-0020 -2- By action of the City Council at its regular meeting held on the 6th day of November 2024. COUNCIL PRESIDENT LUKE CAVENER VOTED COUNCIL VICE PRESIDENT LIZ STRADER VOTED COUNCIL MEMBER DOUG TAYLOR VOTED COUNCIL MEMBER JOHN OVERTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER BRIAN WHITLOCK VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 11-6-2024 Attest: Chris Johnson 11-6-2024 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 11-6-2024 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR CALVARY CHAPEL RZ H-2024-0020 -3- EXHIBIT A COMMUNITY DEVELOPMENT �E DEPARTMENT REPORT REPORT �✓ �r HEARING 10/22/2024 DATE: ® wl TO: Mayor& City Council7.1 FROM: Sonya Allen,Associate Planner 208-884-5533 sallen@meridiancity.org APPLICANT: Calvary Chapel Meridian SUBJECT: H-2024-0020 �. Calvary Chapel Meridian-RZ legend Project location LOCATION: 3600 W.Nelis Dr. ±_ Area of Impact � City limits �`I-, ��yj � OAnalysis M- I. PROJECT OVERVIEW A. Summary Rezone of 8.41-acres of land from the I-L to the C-C zoning district. B. Issues/Waivers None C. Recommendation Staff. Approval with the requirement of a new development agreement. Commission Recommendation: Approval as recommended by Staff D. Decision Approved II. COMMUNITY METRICS Table 1•Land Use Description Details Map Ref. Existing Land Use(s) Church,private education institution - Proposed Land Use(s) No change in use proposed - Existing/Proposed Zoning I-L(Light Industrial)/C-C(Community Business) A.ii Future Land Use Designation Mixed Use Non-Residential(MU-NR) A.iii Table 2: Process Facts Description Details Preapplication Meeting date 4/30/2024 Neighborhood Meeting 5/20/2024 Site posting date 9/3/2024 - City of Meridian I Department Report I. Project Overview Table 3: Community Metrics Agency/Element Description/Issue Reference Ada County Highway District • Comments Received No - • Commission Action Required No - • Access W.Nelis Dr. - ITD Comments Received Yes(no comments or concerns) Note: See section 0. IV. City/Agency Comments&Conditions and/or the public record for comments received. III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code (UDC) A. History This property is part of the larger McNelis Subdivision that was annexed in 2004 with a Development Agreement(DA)and a preliminary plat; a final plat was later approved and recorded that included this property as Lot 4,Block 2,McNelis Subdivision. The DA was later amended in 2011. A Conditional Use Permit(CUP)was approved in 2018 for a 28,000+/- square foot(s.£)church use in the I-L zoning district on the subject property. A Certificate of Zoning Compliance(CZC) and Design Review(DES)application was approved in 2020 for a 23,119 s.f. 2-story church on this site as approved with the CUP. Another CZC and DES application was approved earlier this year for four(4)new 30' x 40' outbuildings to be used for youth and adult ministry and an office and a 20' x 40' storage building totaling 5,600 s.f. overall;the building permit is still in process and has not yet been issued. B. General Overview No new development is proposed with this application. The Applicant has been operating a private education institution(i.e. Christian school for pre-K through I I'grade)out of the existing church and plans to move it to the new buildings east of the church in the future once they're constructed. These buildings will be used for school,youth group,church ministry and bible classes. The existing I-L(Light Industrial)zoning district prohibits private education institutions; therefore,the use is operating illegally. The proposed rezone will remedy this situation. The proposed C-C (Community Business)zoning district will accommodate the church use as well as the private education institution and is consistent with the underlying FLUM designation of Mixed Use Non-Residential for the property. A legal description and exhibit map for the property proposed to be rezoned is included below in Section VII.B. As a provision of the proposed rezone, Staff recommends a new DA for the subject property that accommodates the proposed C-C zoning and the church and private education institution uses. The new DA will only be for this property and the property will no longer be subject to the existing DA and addendum for McNelis Subdivision. See Section IV below for recommended provisions. Table 4: Project Overview Description Details History AZ-04-004,PP-04-004(McNelis Subdivision Ord.#04-1090,DA Inst. #104093293);FP-05-047;TE-05-003 (1-year time extension on the PP); CPAM-10-002;MDA-11-002(Addendum to McNelis Subdivision DA, Inst.#112054621);H-2018-0031 (CUP);A-2020-0009(CZC/DES for ' church);A-2024-0028(CZC/DES). City of Meridian I Department Report III. Staff Analysis Description Details Physical Features The Fivemile Creek runs along northern boundary and the Ninemile Creek runs along the western boundary of the site. Acreage 8.36-acres C. Site Development and Use Analysis 1. Existing Structures/Site Improvements (UDC 11-1): There is an existing church building on the site; four(4)new outbuildings have been approved by the Planning Division to develop on the east side of the church,which are being combined into two (2)buildings, and one (1)new storage building is proposed at the northwest corner of the site; the building permit(C-NEW-2024-0017)for these structures has not yet been issued. City services and utilities are provided to this site. This site has been improved with parking, landscaping, sidewalks,multi-use pathways, etc. in accord with UDC standards.No further improvements are required with this application. 2. Proposed Use Analysis (UDC 11-2): The existing church and private education institution use are not proposed to change and no other uses are proposed. A future school is depicted on the site plan in the area west of the existing church as shown on the site plan included below in Section VII.C. In the interim and while funds are being raised for the future school building, classes will be held in the buildings proposed to be constructed east of the church. The conceptual site development plan included in Section VII.0 below depicts the previously approved future buildings on the east side of the church,the storage building at the northwest corner of the site and the future school building to the west of the church. Staff recommends future development generally comply with this plan and that it's included in the development agreement. The UDC(Table 11-2B-2)lists churches and private education institutions as principal permitted uses in the C-C zoning district. Because there are specific use standards associated with the education institution and this use has not been previously approved, Staff recommends within 60 days of City Council's action on the Findings of Fact, Conclusions of Law and Decision& Order,the Applicant sign the development agreement and return it to the City along with a Certificate of Zoning Compliance— Change of Use application for approval of the private education institution.A new Certificate of Occupancy for the church and private education institution use will also need to be applied for through the Building Division. Per UDC 11-1A-1, a church or place of religious worship is defined as:An establishment that by design and construction is primarily intended for conducting organized religious services, meetings, and associated activities and that is recognized as a religious corporation or society of the State of Idaho with a state tax exempt status in accord with I.C. 63-602B. 3. Dimensional Standards (UDC 11-2): See UDC Table 11-2B-3 for dimensional standards for the C-C district. There are no residential uses abutting the site;therefore, a landscape buffer to residential uses is not required. Accordingly,the business hours of operation are not restricted. 4. Specific Use Standards (UDC 11-4-3): The specific use standards associated with a church are listed in UDC 11-4-3-6; and the specific use standards associated with an education institution are listed in UDC I1-4-3-14. City of Meridian I Department Report 111. Staff Analysis IV. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division 1. A new Development Agreement(DA) shall be required as a provision of the RZ application. The previous DA [i.e. AZ-04-004 McNelis Subdivision—Inst. #104093293 and subsequent addendum(MDA-11-002—112054621)] shall no longer be in effect for the subject property. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA.Prior to approval of the rezone ordinance, a new DA shall be entered into between the City of Meridian and the property owner at the time of rezone ordinance adoption. The DA shall be signed by the property owner and returned to the Planning Division within sixty(60) days of the date of City Council approval of the Findings of Fact,Conclusions of Law and Decision& Order for the Rezone.The new DA shall incorporate the following provisions: i. The Applicant shall comply with all previous conditions of approval associated with this site [i.e. H-2018-0031 (CUP);A-2020-0009 (CZC/DES); A-2024-0028 (CZC/DES)]. ii. Future development shall be generally consistent with the site development plan included in Section VII.0 iii. The use of the subject property is restricted to a church or place of religious worship as defined in UDC 11-1A-1; and a private education institution associated with the church. iv. The Applicant shall comply with the specific use standards listed in UDC 11-4-3-6— Church or Place of Religious Worship and 11-4-3-14—Education Institution, as applicable. v. The Applicant shall submit a Certificate of Zoning Compliance Change of Use application to the Planning Division of the Community Development Department for approval of the private education institution use within sixty(60) days of City Council's approval of the Findings of Fact, Conclusions of Law and Decision&Order for the subject rezone application. vi. The Applicant shall submit an application to the Building Division of the Community Development Department for a new Certificate of Occupancy for the church and private education institution use after obtaining approval of the Certificate of Zoning Compliance Change of Use from the Planning Division. Other Agency comments may be accessed in the project flle, included in the public record. V. FINDINGS B. Rezone(UDC 11-511-3E) 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 the proposed map amendment to C-C complies with the applicable provisions of the comprehensive plan. City of Meridian I Department Report 0. IV. City/Agency Comments&Conditions 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 complies with the regulations outlined for the proposed district, specifically the purpose statement. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds the proposed map amendment shall not be materially detrimental to the public health, safety and welfare. 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 the proposed 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. 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. VI. ACTION A. Staff: Approval with the requirement of a new DA. B. Commission: The Commission heard this item on September 19, 2024.At the public hearing the Commission moved to approve the subject RZ request. 1. Summary of the Commission public hearin& a. In favor: Troy Drake,Calvary Chapel(Applicant) b. In opposition: None C. Commenting. None d. Written testimony: Scott Herrell,Calvary Chapel(Applicant) 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 the Commission: a. None 4. Commission changes to the Staff recommendation: a. None C. City Council: The Meridian City Council heard this item on October 22, 2024. At the public hearing the Council moved to approve the subject RZ request. 1. 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I♦ r.■:1.�♦� ♦♦ ♦��\^= kC.C�lllanu■■ :: 11 .�;:ry y� ♦i♦ C-in■i'r■■u■i� Iit�:drrru ��t■•rr•- tl1W, frr■■►�i= rr♦�►� . _i .rqr t i rri�► ■•I,r■rnu dun raau■g11��I ♦piiiiin i::ui i►:�iilunn lllri'ii`�q♦1►� i 11►I �Iq'!` -� ►III��1 7!• rnlla■ ■■■r■■■B- I♦♦♦♦♦ •� ��♦ ��!■a ■ ♦■ •- �h .� • U■tll .. .■■aau■■: ♦ ♦ aprau♦anrn♦ ♦♦WY♦♦♦■ B. Rezone Legal Description & Exhibit Map 5avvtaoth Land Surveying, LLC 2030 5. Vva5hing:Qn Ave. � f`f rmmett, ID 836 1 7 ! G P!{208}398-81 04 1 rr(206)398-8105 Description A parcel of land being all of Lot 4, Black 2 and a portion of the West half of West Nelis Drive as shown on the Plat of McNelis Subdivision, Book 100 Pages 13062-13084 at the Ada County Recorder. Said parcel being located in the South 1/2 of Section 34, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at the Northwest confer of said Lot 4 and the POINT OF BEGINNING; Thence N 80°3141"E 287.40 feet; Thence S 86051'15"E 501.30 feet; Thence S 001001'19"E 251.04 feet; Thence 5 52044'39"E 374.70 feet to the Centerline of West Nells Drive; Thence along said Centerline a non-tangent curve to the left having an arc length of 68.36 feet, a radius of 400.00 feet, and a long chord that bears S 231159'36"W a chord length of 68.27 feet,- Thence leaving said Centerline N 801150'56"W 259.19 feet; Thence N 89143'00"W 379.54 feet; Thence N 3712541"W 130.DO feet; Thence N 43110633"W 45.13 feet; Thence along a tangent curve to the left haVring an arc length of 152.82 feet, a radius of 290.92 feet, and a long chord that bears N 5800930"W a chord length of 151.07 feet; Thence N 731112'27"W 105.95 feet; Thence along a tangent curve to the right having an arc length of 122.51 feet, a radius of 100.5D feet, and a long chord that bears N 381117'09"W a chord length of 115.06 feet; Thence N 031121'51"W 140.80 feet POINT OF BEGINNING. UV1fpS,r Containing 8.406 acres, more or less. a 19599 VC �,~•CJ-.�cs�� kA 51 1 of 2 City of Meridian I Department Report 0. VII. Exhibits THIS DESCRIPTION WA5 PREPARED FROM RECORD DATA END OF DESCRIPTION ,p Al-LAN,)sfr a 19599 OF A. 2of2 City of Meridian Department Report 0. VII. Exhibits C7 +y OR ' Qsl7au ' � QLpoo 000 r ,oCl , / + as 5 00001'19"E 251.04' C Ed f � i QZ UN a �Q) � q W ' LU �► C6 L q QC !Z �c r8 ��W°pC7 ao L Z w ��03-21'51"-W - City of Meridian I Department Report 0. VII. Exhibits C. Conceptual Site Development Plan-Revised O 9kK13❑I'NHI0Ia3W �v., 1� o� a❑SIT3N AA 069E3 7 - 1 (J `�"aSoe $ �� , SON101inS NOISMddX a d��o £ NVI0I�13W -13dVHO A�IVAIVO a 11g - rr R 3 r BB .+ MUM N H � f __� S�b111'IYe2510a' I I ,r y 8P 1 � Y I p 1 3 f 1 --- ----- , v s�awaaaa3Raarur.¢ryocw Au�� �.____..^.`.1 k + n � d City of Meridian Department Report 0. VII. Exhibits E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Life Church (H-2024-0024) by Ella Passey, Land Group, located at 3323 E. Commercial Ct. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI AND DECISION& ORDER In the Matter of the Request for Comprehensive Plan Map Amendment and Rezone, by Ella Passey,Land Group. Case No(s).H-2024-0024 For the City Council Hearing Date of: October 22,2024 (Findings on November 6,2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of October 22,2024,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of October 22, 2024,incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of October 22, 2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of October 22,2024, 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. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 22,2024, incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(LIFE CHURCH CPAM,RZ-H-2024-0024) - 1 - 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 Comprehensive Plan Map Amendment and Rezone is hereby approved per the conditions of approval in the Staff Report for the hearing date of October 22, 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 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat,combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one (1)two(2)year period.Additional time extensions up to two (2)years as 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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(LIFE CHURCH CPAM,RZ-H-2024-0024) -2- City Code Title 11(UDC 11-5B-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter.When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67,Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of October 22, 2024. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(LIFE CHURCH CPAM,RZ-H-2024-0024) -3- By action of the City Council at its regular meeting held on the 6th day of November 2024. COUNCIL PRESIDENT LUKE CAVENER VOTED COUNCIL VICE PRESIDENT LIZ STRADER VOTED COUNCIL MEMBER DOUG TAYLOR VOTED COUNCIL MEMBER JOHN OVERTON VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER BRIAN WHITLOCK VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 11-6-2024 Attest: Chris Johnson 11-6-2024 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 11-6-2024 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(LIFE CHURCH CPAM,RZ-H-2024-0024) -4- EXHIBIT A COMMUNITY DEVELOPMENT C��fEPIDIAN*,, DEPARTMENT REPORT HEARING 10/22/2024 Legend t DATE: Project Locationt__ -'._5 TO: Mayor& City Council Area of Impact �= City Limits FROM: Linda Ritter,Associate Planner O Analysis , 208-884-5533 ` fritter@meridiancity.org APPLICANT: Ella Passey,Land Group _ �J I: SUBJECT: H-2024-0024 Life Church CPAM RZTT W' - LOCATION: 3225 E. Commercial Court located in the - Y SW 1/4 Sec 9,T. 3N,RIE r 2�_ I. PROJECT OVERVIEW A. Summary Amendment to the Comprehensive Plan Future Land Use Map(CPAM)to change the future land use designation on 6.72-acres of land from Industrial to Commercial and Rezone(RZ)of 6.72- acres of land from Light Industrial(I-L)to General Retail and Service Commercial District(C-G) zoning district for the expansion of Life Church and the operation of Life Bible College. B. Issues/Waivers The Life Bible College(LBC),which is a two-year accredited school for adults all ages,has been operating at the school since 2012 without approval. The CPAM and rezone will allow the school to continue as education institutions are not permitted in the I-L zoning district. C. Recommendation Staff: Staff recommends approval of the proposed amendment to the Future Land Use Map and Rezone per the provisions in Section V in accord with the Findings in Section VI. Planning and Zoning Commission: Approval D. Decision Select: Pending. City of Meridian I Department Report 1. Project Overview IL COMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Use(s) Church and Education Institution - Proposed Land Use(s) Church and Education Institution - Existing/Proposed Zoning I-L/C-G VII.A.2 Existing/Proposed Future Land Use Industrial/Commercial VII.A.3 Designation Table 2: Process Facts Description Details Preapplication Meeting date Tuesday,May 7,2024 Neighborhood Meeting 5/21/2024;4 attendees Site posting date 9/4/2024 Table 3: Community Metrics Agency/Element Description/Issue Reference Ada County Highway District IV.H • Comments Received Yes, Staff Report - • Commission Action Required No - • Access SH 55 (Eagle Road)and Commercial Court(Existing) - • Traffic Level of Service ACHD does not set level of service thresholds for State - Highways or commercial streets ITD Comments Received Yes,letter IV.I Meridian Fire No Comments IV.0 Meridian Police No Comments IV.D Meridian Public Works Wastewater Distance to Mainline: less than 500 ft. from parcel;Impacts IV.B or Concerns:No Meridian Public Works Water Distance to Mainline: available at the site;Impacts or IV.B Concerns:No See City/Agency Comments and Conditions Section and the public record for all department/agency comments received. City of Meridian I Department Report II. Community Metrics Figure l: One-Mile Radius Existing Condition Metrics Reference Parcel: R1527260042 Date Retrieved:2024/7/22 Parcel Count Parcel Acreage Infill Indicator: 169 Surrounding Area 240 14"/0 Not City 41 (3 ® City Limits 1,284 1,459. ■ Not City 6 Household Change Household & Population Growth Households =2M 02020 Population Change: 33.6% population ■Growth (Household and Population Change since 2010 Decennial) 5,000 10,000 15,000 Use Types Residential Addresses Single-familv All Addresses ❑ Multi-family 126 ❑ Commercial Preliminary Plats(last 5-years) Conditional Use Permit(last 5-years) Proposed I I I I Proposed i Pending Pending Approved Approved 0 50000 100000 150000 200000 250000 0 500 1000 1500 Single-family ❑ Multi-family City of Meridian I Department Report II. Community Metrics Figure 3: Service Impact Summary ImpactService • • Ready a O O O O O O O O Marginal Caution O O °.°a �o City of Meridian Department Report II. Community Metrics III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. General Overview The current Future Land Use Map(FLUM)designation for the properties is General Industrial and the zoning district is light industrial(I-L). The applicant is requesting a Comprehensive Plan Map Amendment(CPAM)to change the FLUM to accommodate a rezone to C-G to allow for the uses of Life Church and the Bible College which are principally permitted uses. Mixed Use Regional,MU-RG is adjacent to the property to the west; and Commercial FLUM is adjacent to the south and southwest. After reviewing the comprehensive plan and nearby properties, staff believes the requested commercial designation is appropriate given the proximity to the railroad and surrounding industrial uses. Additionally,the Commercial FLUM designation,which already exists to the south of this property, further supports this recommendation. Industrial: The Comprehensive Plan identifies Industrial land uses as a designation that allows a range of uses that support industrial and commercial activities. Industrial uses may include warehouses, storage units, light manufacturing,flex, and incidental retail and offices uses. Sample zoning include: I-L and I-H. Commercial: Commercial land uses are identified as a designation that will provide a full range of commercial uses to serve area residents and visitors.Desired uses may include retail, restaurants,personal and professional services, and office uses, as well as appropriate public and quasi-public uses.Multi-family residential may be allowed in some cases,but should be careful to promote a high quality of life through thoughtful site design, connectivity, and amenities. Sample zoning include: C-N, C-C, and C-G. The C-G zone is defined as the largest scale and broadest mix of retail, office, service, and light industrial uses within close proximity to interstate or arterial intersections. Staff s analysis of the CPAM request are as follows: 1. Alignment with Existing Uses: • The current uses(church and bible school)fit better within the Commercial designation, where such uses are principally permitted. • Under the General Industrial designation,educational institutions are prohibited, and churches require a CUP. 2. Compatibility and Planning Goals: • C-G Zone Characteristics: Suitable for the largest scale and broadest mix of retail, office, service, and light industrial uses,especially near interstate or arterial intersections. • Surrounding Zoning: The properties to the south and northwest are zoned C-G, indicating that a change to C-G would be consistent with existing land use patterns and zoning designations. 3. Site Design and Community Impact: • The Commercial designation will facilitate the continued operation and potential expansion of the church and bible school,promoting a more coherent and compatible land use pattern. • Changing the FLUM designation to C-G supports the existing uses on the property and aligns with the surrounding commercial and mixed-use areas. Given the proximity to the railroad,the surrounding industrial uses, and the existing commercial zoning to the south and northwest, staff finds that the requested Commercial FLUM designation City of Meridian I Department Report III. Staff Analysis (C-G) is more appropriate for this location. This designation aligns with the existing and desired land uses and supports the continuation and expansion of the church and bible school. Table 4: Proiect Overview Description Details History AZ-01-013,CZC-09-021,CUP-11-003,CZC 11-060 Phasing Plan None Residential Units N/A Open Space N/A Amenities N/A Physical Features Railroad tracks to the south of the property Acreage 6.72 Lots 2 Density N/A B. History and Process The project site is located at the southeast corner of Eagle Road and E Commercial Court. The site consists of two parcels which total approximately 6.72-acres. The parcels are lots in the Commerce Park Subdivision recorded in 1979. In 2011,Life Church requested approval of a Conditional Use Permit(CUP)for the operation of a church in an existing warehouse building in an I-L(Light Industrial)zoning district(CUP-11- 003).Although a church is not listed in the Comprehensive Plan as a preferred use in Light Industrial areas, it is designated as a conditional use in the Unified Development Code(UDC). Because the proposed use will be on the periphery of most of the industrial activity occurring in the area and there are staggering hours of operation, staff believed the Church activities would not interfere with the adjacent uses. Furthermore,the building was currently vacant and being underutilized and the Comprehensive Plan encourages the adaptive reuse of existing developed sites. For these reasons, Staff found that the request generally conformed to the Comprehensive Plan. As the CPAM is needed to rezone the property from the I-L zoning district to the C-G zoning district, staff is recommending the applicant enter into a development agreement with the City. C. Site Development and Use Analysis The Applicant proposes an amendment to the FLUM to change the existing Industrial designation to Commercial. The Commercial designation provides a full range of uses to serve area residents and visitors. Desired uses may include retail,restaurants,personal and professional services, and office uses, as well as appropriate public and quasi-public uses. Multi-family residential may be allowed in some cases,but should be careful to promote a high quality of life through thoughtful site design, connectivity, and amenities. Sample zoning include: C-N, C-C, and C-G. The Applicant proposes to continue to operate the church and an education institution within the existing building. 1. Existing Structures/Site Improvements (UDC 11-1): There is an existing church on the western property that was approved with CUP-11-003. The applicant is proposing to increase the size of the existing building an additional 68,832 square feet for a total of 112,779 square feet with associated parking and landscaping per the UDC. 2. Proposed Use Analysis (UDC 11-2): The applicant is proposing to expand the church and continue operating of Life Bible College (LBC). LBC is a two-year accredited school for adults of all ages. LBC was not permitted as City of Meridian I Department Report III. Staff Analysis part of the approved CUP for the church and has been operating since 2012. In order for the school to continue its operation, the applicant has requested a CPAM and rezone to change the zoning from I-L to C-G as education institutions are not permitted in I-L zoning district. 3. Dimensional Standards (UDC 11-2): In the I-L zoning district, a ten (10)foot landscape buffer is required for E. Commercial Court.A thirty-five(35)foot landscape buffer already exist along N. Eagle Road as it is a corridor entryway. Parking lot landscaping shall adhere to the requirements of UDC 11-3B- 8.A landscape buffer is not required for non-industrial uses other than residential. The property is not adjacent to any residential uses. The maximum building height for this area is fifty(50)feet. The requirements are the same in the C-G zoning district, except the maximum building height is sixty-five (65)feet). 4. Specific Use Standards (UDC 11-4-3): The applicant shall meet the requirements for Education Institution (UDC 11-4-3-14) and Church or Place of Religious Worship (UDC 11-4-3-6). D. Design Standards Analysis 1. Existing structure and Site Design Standards (Comp Plan 5.01.02A, Comp Plan 5.01.02D, UDC 11-3A-19): Staff shall ensure the application maintain and implement community design ordinances, quality design criteria, and complete street policies to set quality standards citywide. The design of the existing structure was approved in 2011 CZC-11-060 and DES-11-037. Per the Plan policy above, staff will ensure the appropriate building design, and landscaping elements to buffer, screen, beautify, and integrate commercial, multifamily, and parking lots into existing neighborhoods. The proposed addition will be required to obtain a Certificate of Zoning Compliance(CZC) and Administrative Design Review(DES) approvals before the submittal of a building permit. CZC and DES approval shall occur prior to building permit issuance. 2. Landscaping (UDC 11-3B): i. Landscape buffers along streets The applicant is required to construct a ten (10)foot wide landscape buffer along E. Commercial Court, a local street, as there is existing landscaping along N. Eagle Road. In addition,per UDC 11-3B-8, at least 5 feet of landscaping is required along the perimeter of vehicle use areas (i.e. drive aisles). The applicant is also required to replace the trees that were part of the approved landscape plan as shown in Exhibit VII E that were removed from the landscape buffer along N. Eagle Road. These trees should be included on the landscape plan submitted with the Certificate of Zoning Compliance and Administrative Design Review application. ii. Parking lot landscaping Per UDC 11-3B-8, the applicant shall provide perimeter and internal parking lot landscaping to soften and mitigate the visual and heat island effect of a large expanse of asphalt in parking lots, and to improve the safety and comfort ofpedestrians.A five-foot wide minimum landscape buffer adjacent to parking, loading, or other paved vehicular use areas. iii. landscape buffers to adjoining uses City of Meridian I Department Report III. Staff Analysis Per UDC 11-2C-3 standards, no buffer is required for non-residential uses as there are no residential uses adjacent to the properties. iv. Tree preservation Per UDC 11-313-10, existing trees that are retained shall be protected from damage to bark,branches, and roots during construction. The City of Meridian parks department arborist shall approve the protection fence(s)prior to construction. Any severely damaged tree shall be replaced in accord with subsection C5 of this Section. Mitigation shall be required for all existing trees four-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred (100)percent replacement(Example: Two(2)ten-inch caliper trees removed may be mitigated with four 5-inch caliper trees, five(5) four-inch caliper trees, or seven(7) three-inch caliper trees). Deciduous specimen trees four-inch caliper or greater may count double towards total calipers lost,when planted at entryways,within common open space, and when used as focal elements in landscape design. The trees that were slated to remain but were removed from the thirty-five (35)foot landscape buffer along N. Eagle Road shall be replanted. f City of Meridian Department Report III. Staff Analysis I ' :-xis ..': :rxJ.�`..s yia.•yJ�. - ':wl_rr Fr" ��T� There are no existing trees in the area identifiledfor the church addition. PU -VA a- .q City of MeridianDepartment 1Report 111. Staff Analysis The existing landscaping along the east side of the developed lot shall be protected during construction. 4. f S H� ri JJ} _ ffff v. Storm integration Per UDC 11-3B-11, the applicant shall meet the intent to improve water quality and provide a natural, effective form of flood and water pollution control through the integration of vegetated, well designed stormwater filtration swales and other green stormwater facilities into required landscape areas, where topography and hydrologic features allow if part of the development. vi. Pathway landscaping No pathways are being proposed or required for this development per the Parks Department, therefore pathway landscaping is not required. 3. Parking (UDC 11-3C): The purpose of this article is to provide regulations and standards for off street parking and loading facilities with the intent to provide off-street parking areas, minimize traffic hazards and congestion, and mitigate impacts on surrounding properties All parking areas shall be designed and constructed to provide the type and number of off-street parking spaces required by Section I1-3C-6 of this Article, and designed as required by this section. Off- street parking for commercial is required to be provided in UDC 11-3C-6 based on the gross floor area. i. Nonresidential parking analysis In commercial districts, the requirement shall be one(1)space for every five hundred (500)square feet of gross floor area, except for self-service storage facilities which shall only require parking based on the gross floor area of any office space. As the zoning is changing from industrial to commercial, the total number of parking spaces required is City of Meridian I Department Report III. Staff Analysis two hundred twenty-six(226). The applicant is proposing two hundred-fifty(250)parking spaces (115 existing and 135 proposed). This exceeds the UDC standards. ii. Bicycle parking analysis A minimum of one(1) bicycle parking space is required for every 25 vehicle parking spaces per UDC 11-3C-6G. Based on 578 vehicle parking spaces, a minimum of twenty- three(23) bicycle parking spaces is required.An example of the bicycle rack has been depicted on the site and landscape plans. 4. Building Elevations (Comp Plan, Architectural Standards Manual): Administrative Design Review(DES)and Certificate of Zoning Compliance (CZC)approval is required before building permit submittal for the church addition. The submitted elevations and site plan will be fully analyzed with the future applications. Conceptual building elevations were submitted for the proposed church addition as shown in Section VIII.E. Final design is required to comply with the design standards in the Architectural Standards Manual(ASM). E. Transportation Analysis 1. Access (Comp Plan 6.01.02B, Comp Plan 6.01.02C, UDC 11-3A-3, UDC 11-3H-4): The applicant shall be required to reduce the number of existing access points onto arterial streets by using methods such as cross-access agreements, access management, and frontage/backage roads, and promoting local and collector street connectivity. Staff shall require new development to establish street connections to existing local roads and collectors as well as to underdeveloped adjacent properties. Access to the property is from E. Commercial Court via N. Eagle Road. 2. Pathways (Comp Plan 3.07.OIE, UDC 11-3A-8): The Meridian Pathways Master Plan should be integrated into the site development review process to ensure plan pathways are built out as adjacent land develops. There are existing pathways on the property an no other pathways are being proposed or required for the proposed development. There is an existing ten (10)foot wide multiuse pathway along N. Eagle Road, no additional pathways are required. 3. Sidewalks (UDC 11-3A-17): There is an existing detached ten (10)foot wide sidewalk/multiuse pathway along N. Eagle Road. The applicant will be required to install a five (5)foot wide sidewalk along E. Commercial Court with the church addition. F. Services Analysis 1. Pressurized Irrigation(UDC 11-3A-15): The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3B-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single point connection to the culinary water system shall be required. If a single point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. City of Meridian I Department Report III. Staff Analysis 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. 3. Utilities (Comp Plan 3.08.02A, Comp Plan 3.08.02C, UDC 11-3A-21): Staff will communicate planning efforts with local decision makers and utility service providers, including irrigation districts, energy, natural gas, solid waste, and telecommunications. Staff will regularly coordinate with other public utilities and essential service providers and annually review master plans for public facilities and services; update as needed. Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development. All utilities are available to the site. Water main,fire hydrant and water service require a twenty foot (20) wide easement that extends ten (10)feet past the end of main, hydrant, or water meter. No permanent structures, including trees are allowed inside the easement. IV. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division 1. A Development Agreement(DA)is required as a provision of rezone of this property. Prior to approval of the rezone ordinance, a DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption,and the developer. NOTE: A Certificate of Zoning Compliance and Administrative Design Review application shall not be submitted until the Rezone Ordinance is approved by City Council. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the rezone. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the conceptual development plan and building elevations included in Section VIII and the provisions contained herein. b. The only uses allowed to operate on the property are church or place of religious worship (UDC 11-4-3-6)and education institution(UDC 11-4-3-14). B. Meridian Public Works See public record(copy the link into a separate browser) https://weblink.meridiancity.org/WebLink/Browse.aspx?id=351925&dbid=0&repo=MeridianCit X C. Meridian Fire Department No comment D. Meridian Police Department No comment E. Meridian Park's Department No pathways required with this application. City of Meridian I Department Report IV. City/Agency Comments &Conditions F. Meridian Irrigation Districts 1. Nampa&Meridian Irrigation District See public record(copy the link into a separate browser) https://weblink.meridianciU.oLvlWebLinkIBrowse.aspx?id=351925&dbid=0&repo=MeridianCit Y G. Idaho Department of Environmental Quality(DEQ) See public record(copy the link into a separate browser) https://weblink.meridiancity.orzlWebLink/Browse.aspx?id=351925&dbid=0&repo=MeridianCit Y H. Ada County Highway District(ACHD) See public record(copy the link into a separate browser) https://web link.meridianciV.oLy WebLink/Browse.aspx?id=351925&dbid=0&repo=MeridianCit Y I. Idaho Transportation Department(ITD) See public record(copy the link into a separate browser) https://weblink.meridiancioy.org/WebLink/Browse.aspx?id=351925&dbid=0&repo=MeridianCit Y V. FINDINGS A. Rezone(UDC 11-5B-3E) B. Comprehensive Plan(UDC 11-5B-7D) VI. ACTION A. Staff: Staff recommends approval of the proposed amendment to the Future Land Use Map and Rezone per the provisions in Section V in accord with the Findings in Section VI. B. Commission: The Meridian Planning&Zoning Commission heard these items on September 19,2024. At the public hearing,the Commission moved to recommend approval of the subject CPAM and Rezone requests. 1. Summary of Commission public hearing_ a. In favor: Tamara Thompson,The Land Group b. In opposition:None c. Commenting d. Written testimony: Tim Wallace—wants assurance that if the CPAM is approved that his property will not be affected and will maintain the same rights they have with the current zoning.Wanted to make sure they would not be subject to any new limitations of being next door to a C-G zoned property. e. Staff presenting application: Linda Ritter f. Other Staff commenting on application: None 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 City of Meridian I Department Report V. Findings 5. Outstandingissue(s)ssue(s) for City Council: a. None C. City Council: The Meridian City Council heard these items on October 22,2024.At the public hearing the Council moved to approve the subject Comprehensive Plan Map Amendment and rezone requests. 1. Summary of the City Council public hearint?: a. In favor: Tamara Thompson,Land Group and Pastor Wade Moore, Life Church b. In opposition:None c. Commenting:None d. Written testimony:None e. Staff presenting-application: Linda Ritter f. Other Staff commenting on application:None 2. Kev issue(s)of public testimony: a. None 3. Kev issue(s)of discussion by City Council: a. Industrial land starting to shrink and utilized by other uses. Wanted to know why churches were purchasing properties within the industrial zonin areas 4. City Council change(s)to Commission recommendation: a. None VII. EXHIBITS A. Project Area Maps (link to Project Overview) 1. Aerial Legend Project Location s � ;;;Area of Impact O Analysis "a! i„ �ff1f111i1Mi it:.�! _ I f f 4 j y1. City of Meridian Department Report VII. Exhibits 1 • . 1 Fnd WY.: '- :E roject Location,rea of Impact �i 1111111111;;. S—Etwil mill knalysis Ir+�lluuuulll/ sssss °iii=_■ -- �i ++.IIx � IgI11111J� D \n.Isnr �: nunn�:�G n.xlxrp : P.1 �1r► ti' une1.111111'1 ss sr++ ��i1++ IIIIIIIIIII ;n.l..�Ilh W � 1 I ••ILIIIIIIIIIII '� °�#lnl ■11■� `` ���■ ■ Kill �� ■ • 1 r ■■■ ■i �� �� ■11111 �■■■■■ ■■■■a- 1111 Hwy 'rr ii�'~,, "1111 ■■■■■ ■■■■�! + ' * + � �I�`ri� �iir����r*�r rrilrlf ff1111 ��■■■■■■■■�■ I/11111111►i1 [l�p �rq��wi� = �hnw 11111..■■■ \r..!■r..Pi N 41. M;;�:_ :f■■■■■■r. �i*r�i f*rrtir � ��rar.gi Flu ltil�:: .► - •M� r R�i r raau 9111 Ir Sri�x ,Y•.Odrll/�. �� ���� =��+�1.l�dt 1 FAIRIIIEW U I I • 11111�11'. -• •• � nlxnr .IIII_ a 11++11 rllll 111111 =111��■ �irjy!� 1 nuuun_= =1n.x a tnlxl4 `r1 - • j Ir.pp fyf Lllllly� ji fnxlrrrr 0 _.Ip+u r 4. �,. .�+nL - • - • untpr�lllllsl � �� PINE � 1111111■III ;._.-.-ral+ General Industrial' _ _-- 111111111111 : --+lm C■� ���■ U � ■ o FRANKL-I.N LowResidential .• •rrrry ,•r rdlr! i '�i• rrrrrr�w fIf1111 �n"' � n m rm nna ■ /IIIIIIII�iI T►r �rAi}xis-! =:-ihnw r ■o■ ��Ce POW& �•lfttr ��Ifr.g1 �111 111 �� i� +uui��.� - - •�i\t<��-:. - l� ! I"41��au 4. Planned Development Map L 0 Legend -'- - -- Project Location ° Area of Impact T==' City Limits Planned Parcels QAnalysis ' ,llllll L _ City of Meridian Department Report VII. Exhibits B. Subject Site Photos Rr City of Meridian Department Report VII. Exhibits ����' - I �� 11Ef Bl9�E CULLfGE DepartmentCity of Meridian 10 �r� f DepartmentCity of Meridian 10 C. Service Accessibility Report PARCEL R1527260042 SERVICE ACCESSIBILITY Overall Score: 38 98th Percentile Description Location In City Limits GREEN Extension Sewer Trunkshed mains < 500 ft.from parcel GREEN Floodplain Either not within the 140 yrfloodplain or > 2 acres GREEN Emergency Services Fire Response time < 5 min. GREEN Emergency Services Police Meets response time goals most of the time GREEN Pathways Within 1/4 mile of current pathways GREEN Transit Within 1/4 mile of future transit route YELLMV Arterial Road Buildout Status Ultimate configuration (#of lanes in master street4 GREEN plan) matches existing (# of lanes) School Walking Proximity Within 1/2 mile walking GREEN Either a High School or College within 2 miles OR a School arivability Middle or Elementary School within 1 mile driving GREEN (existing or future) 16 Either a Regional Park within 1 mile OR a Community ParklWalkability Park within 1/2 mile OR a Neighborhood Parkwithin GREEN 1/4 mile walking City of Meridian I Department Report VII. Exhibits A Site Plan(date: 6/11/2024) �i 1..l.l^ ,:�Y ,....,..... v 9WlYINO AUEmaM P' ItO 3 � - m — � C7 1 �E rrrr.. SEhl9laSlt SA!P18� C2.00 City of Meridian I Department Report VII. Exhibits E. CUP Approved Landscape Plan (date: 2/28/2011) Trees that need to be replanted T I LO 11 El I - -J..o .1-..: - ,• --------------- oil F . . Ilk =R �� Li�T11AY-rUrC4M-Y�4C1mk �YI�1����� r s AFX*Fn re *V J t Church �.•�"� ��r.N�a..rrars r.t�j City of Meridian Department Report VII. Exhibits F. Building Elevations (date: 6/13/2024) '£fig. ,■ +�' x k �u � 'n I ■ CONSTRUCTION City of Meridian Department Report VII. Exhibits r+. 'I C�N STFI LICTION �b C ON STRLJCTION City of MeridianDepartment Re 11Exhibits L� CONBTRUC TION of MeridianDepartment Re 11Exhibits G. Rezone Exhibit Map&Legal Description EXHIBIT "A" MAP OF REZONE COMPREHENSIVE PLAN AMENDMENT LOCATED IN A PORTION OF THE SOUTKWEST 1/4, OF SECTION 9, TC"SHIP 3 M0ffFK, R+1NCE 1 EAST. U.M„ C€TY 4F MERIDIAN, AIDA COUNTY, IDAHO CP&F 113077E08 -2024- 1 4 17t 6 w Q , Ln ,n 00 N r-0- r co z �. COMMERCIAL COURT 588'S3 4 E 7201 65' Q � CO CD Re2nne Parcel W Area=t11.246 Acres o � o � z fE P.O. N8B53134Y 720.04 SCALE, 1'=300" 5_ RxR Right—of— c LEGEND Ln BOUNDARY LINE c�v SECTION/TIE LINE I� 6i9 CP&F 110054174 2024-5 LifeChurch PDA T.�NRIESeoV.dw i .W dCGk',� f3fA 5 LRiae} JM17 f I� 2 may 24 _ rr City of Meridian I Department Report VII. Exhibits EXHIBIT"B" REZOtYE LEGAL DESCRIPTION A Rezone bei ng to€aced in the SW 1/4 of Section 9r Township 3 North,Range 1 East,Boise Meridian,City of Merldian,Ada Cou", Idaho arkd described as folilows: Commencing at a brass€ap monument as shown on Corner Record No-220054174 rnarking the SW corn ar of said S2ctaon 9,thence along the west line of so id SW 1/4 and the cen terline of eagle Road N01TZ'O5"E a distance of 1099.4 feet to the POIN FOF DEC INNING. Thenre rpntinuIng NO2'02'05'E a distan€e of 680.01 feet to a paint frofn which a brass Cap monument marling the NW turner of said SWIf4 as s#own on Comer Renard No.113077808 bears N01°02'OS"C a distance of 872.05 feet, Thence leaving said west Ilne and along the centerline of East Coroner€ial Court 588°53'4eE a distance of 720.55 feet to a po int. Thence leavi ng so id centerline 501'05'05"W d distance of 690.13 feet to a point o n the south erly right- of-way of the Ore pr,5hprkline railroad; Thence along the sa id saut he rly right-of-way N88°53'13"W a distance of 720-04 feet to the POINT OF SEGINNINQ Said Rezone containing 11-245 acres more or 1:e5s- q�$55TrFg 0 City of Meridian I Department Report VII. Exhibits H. CPAM Exhibit(date: 07/16/2024) 0 500 1.000 Date:7/1612024 Feet Adopted Future Land Uses "— PINE` r Legend Applicant Proposed Future Land Uses Citywide Law Density Residential �,� Medium Density Residential Med-HighDensilyResidantial ` - High Density Residential Il #+�i� - Commerolal &0," 1 - Off ce Flo - Indudlnal ■ a WZY,II Civic Proposed Future Land Uses Old Town — �s�� Mixed Use Nei hbarhood l r ® g 4 i� OII/sANSO. <. b! i Nam. Mixed Use Community Ir„f { PINES+�� - Mixed Use Regional — Mixed UseNon-Residential ® Mixed Use-Interchange Ten Ale Specific W - Low density Employment _ 1 ® UlestyleCenter + — / — High Density Employment I���r// 1 Mixed Employment Mixed Use ResidentialVA 1 0/0 00 O '11 {1 Mixed UseCommercial / / ' 1 ?no PXXXIAIJ FJR NygKyLIN�� .- - I City of Meridian I Department Report VII. Exhibits E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Promenade Cottages No. 1 (FP-2024-0001), by A Team Land Consultants, located at 403 E. Fairview Ave. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: 10/22/2024 ORDER APPROVAL DATE: 11/6/2024 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 30 SINGLE- ) CASE NO. FP-2024-0001 FAMILY RESIDENTIAL ) BUILDING LOTS AND FIVE (5) ) ORDER OF CONDITIONAL COMMON LOTS ON 2.7-ACRES OF ) APPROVAL OF FINAL PLAT LAND IN THE R-40 ZONING ) DISTRICT FOR PROMENADE ) COTTAGES NO. 1. ) BY: A TEAM LAND ) CONSULTANTS ) APPLICANT ) This matter coming before the City Council on October 22, 2024 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING PROMENADE COTTAGES SUBDIVISION NO. 1, LOCATED IN A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 3 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PROMENADE COTTAGES NO. 1 FP-2024-0001 Page 1 of 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2024, HANDWRITTEN DATE: 1/19/2024, by LAWRENCE H. KOERNER, PLS, SHEET 1 OF 4," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated October 22, 2024, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PROMENADE COTTAGES NO. 1 FP-2024-0001 Page 2 of 3 issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 6th day of WHAV r 52024. By: Robert E. Simison 11-6-2024 Mayor, City of Meridian Attest: Chris Johnson 11-6-2024 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 11-6-2024 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR PROMENADE COTTAGES NO. 1 FP-2024-0001 Page 3 of 3 EXHIBIT A STAFF REPORTC�WE COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT DATE: 10/22/2024 Legend TO: City Council El Project Location z FROM: Sonya Allen,Associate Planner 208-884-5533 - =A �W�AV E SUBJECT: FP-2024-0001 E'F 1 R.' F- Promenade Cottages No. 1 � ? r PROPERTY LOCATION: �z 403 E. Fairview Ave.,in the NW 1/4 of �p z Section 7, T.3N.,RJE. uj[= FIZ I. PROJECT DESCRIPTION Final plat consisting of 30 single-family residential building lots and five (5) common lots on 2.7-acres of land in the R-40 zoning district for the first phase of Promenade Cottages Subdivision. II. APPLICANT INFORMATION A. Applicant Steve Arnold,A Team Land Consultants— 1785 Whisper Cove Ave.,Boise,ID 83709 B. Owner: Lesley's Mobile Estates,LLC—313 N. Main St., Halley, ID 83333 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the associated preliminary plat(H-2022-0013) as required by UDC 11-6B-3C.2. The proposed final plat depicts the same number of building lots and common open space area as shown on the approved preliminary plat. Therefore, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plats as required by UDC 11-6B-3C. Pagel IV. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VII of this report. Page 2 V. EXHIBITS A. Preliminary Plat(dated: 4/7/23) p � Y co LU w LU Z W W � ❑ � z lip I 44 yr 44 y w 5 rwom�e�wno - b n i _ x83n 8tnans z ! Ra O 5 U _ w IL n w w W Page 3 B. Final Plat(dated: 1/19/2024) R " aE T A ➢e P m fi'� a� a%SA3yo��5 S .^i m O w e �q's ., a Sap ? E � y � .ge S§ 6 �s .�m� ^a navfio v �bm s Q Firm ` �s¢ - $o �N0 6a " 1 xM aT rm Ila sIs s�Eo or` `g9E w 1 I hwb S�'F 9' c'fi'z�- ce 4m,17 5$03 ~ � I C � — p I I P o ti (D a L(D N p I O O O ® S Q O � m� I 0 3 O N/1 N W U � I {aionlad) ,� 11 � I nup opawolY O V1 <N wale I o ` a�i�p apol,�olo�O I O I I Q I O O O O O O O O O a a I (�II 1a 19 OF'3N A 3 Im and I I I I 0 w I I I -m uIom- 'PL 'N F 111 n"nnn e Page 4 C. Landscape Plan(dated: 1/30/2024) o � { Z W � Mi x dill[•77 aiS a �g � OL J TF T.D- IT w � a € a� 1 Ul I f J i UL 1 8 q ri a LL'- xa..[ till o ee LU L n� Page 5 on � w YF� m till W d W � 9 2 4 za a ag d� m a ig B o —ram 3AI80 V03WVIV � a i Ea sa �� as a3 a3 I � z 92 � Y � 1 V- qq 1 I � za 3a� Ed ooa 1 rnn wowwm ,a a f' I z 3AWO 3OVNNOIOO a w I rc — � 4 a '1S 0 Page 6 D. Amenity Details Legend Proposed •.. Park ,z. GIs.� `_' .. • w~ r; Google Earth � t�2o2a t3aogle � 4.1 fi ft Page 7 PROMENADE PROPOSED GAZEBO r - I PROMENADE PROPOSED PLAY EQUIPMENT o F y_ Page 8 1125124.4:114 PM 12-in-1 Galvanized Raised Bed-Burpee Search for p ro<fucfs,categories,... • � y - r '+ Jr ` y4 L S' https:llwww.hurpee_comfl 2-i n-1 galvanized-raised-bed-p rod6(C l22.htrnl?utm_source=g cogie&utrn_medium=cpc&utrn_campaign=PLA_N B_PMax_N-_. 112 Page 9 E. Parking Exhibit(dated: 4/7/2023) ¢ w y , w ¢ 5; i, W y R r W ! w w ` J a�� • K i e > a Bill: LL 89ReSE g�El z !� 1 I f I I I i r I I I I •, � I I I I i uW� r—_ w W o > I I F- F- I I I I I Page 10 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development(H-2022-0013, DA Inst. #2023-070499). 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of City Council approval of the preliminary plat(i.e.by June 27, 2025); or apply for a time extension,in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Idaho Survey Group,LLC, stamped on 1/19/24 by Lawrence H. Koerner,included in Exhibit B shall be revised as follows: a. A cross-access/ingress-egress easement shall be provided between the subject property and the multi-family and commercial lots to the north via a note on the final plat or a separate recorded agreement in accord with UDC 11-3A-3. b. Delineate the private streets from the parking areas on common Lot 1. c. Depict private street names on the plat as approved in the Ada County Street Name Review letter. d. Depict zero(0)lot line setbacks where attached dwellings span across lot lines. 5. The landscape plan prepared by The 3 Brothers Landscaping Co., dated 1/31/24 included in Exhibit C, shall be revised as follows: (Note: The version of the UDC that applies is Nov. 30, 2021) a. The landscape plan is required to be prepared by a landscape architect,landscape designer or qualified nurseryman per UDC 11-3B-3D; specify on the plan which applies. b. In the Landscape Calculations table,include the linear feet of frontage on NE 3'St. and the required number of street trees that demonstrate compliance with the standards listed in UDC 11-3B-7C.3. c. Depict landscape materials within the street buffer along NE 3'St. in accord with the standards listed in UDC 11-3B-7C. d. In the Landscape Calculations table,include the linear feet of pathways within the site and the required number of trees that demonstrate compliance with the standards listed in UDC 11-313-12C. e. Depict landscape materials adjacent to all pathways within the site that demonstrate compliance with the standards listed in UDC 11-3B-12C. f. Include mitigation information on the landscape plan for all existing trees that are being removed with development in accord with the standards listed in UDC 11-3B- IOC 5. g. Depict pedestrian lighting adjacent to the pathway along the eastern boundary of the subject property. Page 11 h. Depict pedestrian connections between the subject property and the multi-family development to the north.All pathways should comply with the standards in UDC 11-3A-8. 6. All private streets within the development shall comply with the design and construction standards listed in UDC 11-3F-4 7. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-8 for the R-40 zoning district 8. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit. Alternative Compliance was approved for Lots 2, 5, 9, 11, 12, 14, 19, 22, 24, 26, 28 and 32,to allow the parking pads to be in alternate locations as depicted on the parking exhibit in Section V.E instead of in front of the garages. 9. Site amenities shall be provided as depicted on the landscape plan and as shown in the exhibits in Section V.D. 10. Upon completion of the landscape installation,a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-3B-14. 11. The Applicant shall obtain final approval of the private streets within the development as set forth in UDC 11-3F-3B prior to signature on the final plat by the City Engineer. 12. A Design Review application shall be submitted for approval of the single-family attached structures. Final design shall comply with the design standards in the Architectural Standards Manual. 13. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. See the Agency Comments folder in the public record for additional comments applicable to this development. Page 12 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for U-Haul Franklin Building B Access (CR-2024-0001) by Hillside Architecture PLLC, located at 1030 W. Franklin Rd. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: OCTOBER 22, 2024 ORDER APPROVAL DATE: NOVEMBER 6, 2024 IN THE MATTER OF THE ) REQUEST FOR CITY COUNCIL ) REVIEW OF THE DIRECTOR'S ) CASE NO. CR-2024-0001 DECISION ON ADMINISTRATIVE ) APPLICATION (A-2024-0105) TO ) ORDER OF CONDITIONAL ALLOW A TRUCK ONLY ) APPROVAL OF CITY COUNCIL ACCESSS TO W. FRANKLIN ROAD ) REVIEW OF THE DIRECTOR'S IN LIEU OF THE PREVIOUSLY ) DECISION APPROVED EMERGENCY ONLY ) ACCESS LOCATED AT 1030 W. ) FRANKLIN ROAD ) BY: Hillside Architecture, Pllc ) APPLICANT This matter coming before the City Council on October 22, 2024,upon the Applicant's submittal of a request for City Council review of the Director's decision on administrative application (A-2024-0105)to allow a truck only access to W. Franklin Road in lieu of the previously approved emergency only access. The Director restricted the access in question to emergency only access based upon Meridian City Code § 11-3A-3 and prior action of the City Council with regard to such access. ORDER OF CONDITIONAL APPROVAL—U-HAUL FRANKLIN BUILDING B ACCESS (CR-2024- 0001) Page 1 of 3 IT IS HEREBY ORDERED THAT: Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and 1I- 3A-3, the Director's Decision regarding the emergency access set forth in UDC 11-3A-3A.2 is hereby overturned, based on the following reasons: 1. A deceleration lane coupled with a right-in/right-out only access and required right-of way improvements mitigate public safety concerns and meets the intent of UDC 11-3A- 3A.2. 2. The foregoing approval is subject to the following additional requirements and conditions: • Construction of a deceleration lane and right-in/right-out access as directed during October 22nd hearing. • Internal signage is required to direct public and truck traffic through the site; and • Alternative compliance approval is required to reduce a portion of the street buffer along W. Franklin Rd., which shall require installation of enhanced landscaping and a public amenity in the eastern area of the site along the Eightmile Lateral and NW I Oth St. 3. Staff is directed to work with the applicant and the applicable agencies (ACHD) to arrive at a design that is consistent with the foregoing requirements. By action of the City Council at its regular meeting held on the 6th day of November 2024. Robert E. Simison, Mayor 11-6-2024 Attest: Chris Johnson, City Clerk Copy served upon the Applicant, Planning and Development Services Division of the Community Development Department and City Attorney. By: Dated: 11-6-2024 W IDIAN� AGENDA ITEM ITEM TOPIC: Development Agreement (Burnside Ridge Estates H-2023-0055) Between City of Meridian and Linder Holdings, LLC and Colleen K. Kelly, and C. Brent Jackson, for Property Generally Located Southwest of the W. Victory Rd. and S. Linder Rd. Intersection ADA COUNTY RECORDER Trent Tripple 2024-063338 BOISE IDAHO Pgs=104 VICTORIA BAILEY 11/07/2024 08:03 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Linder Holdings,LLC, Owner/Developer 3. Colleen K. Kelly, Owner 4. C.Brent Jackson, Owner THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 6th day of November ,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 Linder Holdings, LLC, whose address is 4101 N. Thanksgiving Way, Ste. 420, Lehi,Utah 84043, hereinafter called OWNER/DEVELOPER; and Colleen K. Kelly,whose address is 3801 S.Linder Road,Meridian, Idaho 83642,hereinafter called OWNER;and C.Brent Jackson, whose address is 3605 S.Linder Road,Meridian Idaho 83642,hereinafter called OWNER. 1. RECITALS: 1.1 WHEREAS,Owners are the sole owners,in law and/or equity,of certain tracts of land in the County of Ada, State of Idaho, described in Exhibit "A",which is attached hereto and by this reference incorporated herein as if set forth in full,herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may,by ordinance, require or permit as a condition of zoning that the Owner(s) and/or Developer male a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-58-3 of the Unified Development Code("UDC"),which authorizes development agreements upon the annexation and/or re-zoning of land; and. 1.4 WHEREAS, Owner(s)/Developer have submitted an application for annexation and zoning of 123.28 acres of land with a request for the R-2(11.91 acres) (Low-Density Residential); R-4 (89.55 acres) (Medium Low-Density Residential), and R-8 (21.82 acres) (Medium-Density Residential) zoning districts on the property as shown in Exhibit "A" under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS,Owners)/Developer made representations at the public hearings before Planning and Zoning Commission and 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 rezoning held before Planning and Zoning Commission and the City Council includes responses of DEVELOPMENT AGREEMENT-BURNSIDE RIDGE ESTATEs(H-2023-0055) PAGE r OF 9 government subdivisions providing services within the City of Meridian planning jurisdiction and includes further testimony and comment; and 1.7 WHEREAS, on the IIth day of June, 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, the Findings require the Owner(s)/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner(s)/Developer deem 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 1.10 WHEREAS, City requires the Owner(s)/Developer to enter into a development agreement 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 designation is 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. 3.2 OWNER/DEVELOPER:means and refers to Linder Holdings,LLC,whose address is 4101 N. Thanksgiving Way, Ste. 420, Lehi,Utah 84043,hereinafter called OWNER/DEVELOPER, the party that owns a portion of said property and is developing said Property and shall include any subsequent owner(s)/developer(s) of the Property. 3.3 OWNER: means and refers to Colleen K. Kelly, whose address is 3801 S. Linder Rd., Meridian, Idaho 83642, hereinafter called OWNER, the party that DEVELOPMENT AGREEMENT-BURNSIDE RIDGE ESTATES(H-2023-0055) PAGE 2 OF 9 owns a portion of said property and shall include any subsequent owner(s) of the Property. 3.4 OWNER: means and refers to C. Brent Jackson, whose address is 3605 S. Linder Road, Meridian, Idaho 83642, hereinafter called OWNER, the party that owns a portion of said property and shall include any subsequent owner(s) of the Property. 3.5 PROPERTY: means and refers to those certain parcels of Property located in the County of Ada, City of Meridian as in Exhibit "A," describing parcels to be bound by this Development Agreement and 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 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 generally comply with the development plans, including that for the holding area, submitted with this application, included in Section VIII 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. Comply with the Williams Developer's Handbook for any development and/or improvements within the Williams pipeline easement. c. The existing home at 3801 S. Linder Rd. (Parcel#R0831430025) shall be allowed to remain on well and septic until such time as the property redevelops with Phase 4 and shall not be required to connect to City water and sewer service. The existing access via S. Linder Rd. is also allowed to be retained until such time as the property redevelops. Prior to the City Engineer's signature on the Phase 4 final plat, the existing home, accessory structures and driveway via S. Linder Rd. shall be removed. d. The existing home at 3605 S. Linder Rd. (Parcel#S 1226110575) shall disconnect from the existing well and septic system and connect to City water and sewer service within 60 days of it becoming available as set forth in MCC 9-1-4 and 9- 4-8. The well may be used for irrigation purposes. The driveway via S. Linder Rd. shall be removed and access shall be taken internally from within the subdivision. DEVELOPMENT AGREEMENT-BURNSIDE RIDGE ESTATES(H-2023-0055) PAGE 3 OF 9 e. A 10-foot-wide detached sidewalk/multiuse pathway shall be provided within the required street buffers along all collector and arterial streets within and abutting the site. f. The holding area at the southwest corner of the site, depicted as Lot 11, Block 7 on the preliminary plat, shall be re-subdivided prior to issuance of any building permits for that lot and shall only be developed when municipal water and sewer service are available to the site. g. A standard bus stop (size small) with a concrete pad 10' x 10' shall be provided along N. Linder Rd.,just south of E. Pivot Dr., as requested by Valley Regional Transit (VRT). The purpose of the pad is to provide an ADA compliance boarding/alighting area. The pad will allow VRT to schedule a stop there as part of future route planning and place signage and a bench onsite. h. The use of common open space and site amenities shall be shared throughout the development, including the property in the holding area, which is proposed to be re-subdivided in the future. i. The rear and/or sides of 2-story homes on lots that face collector (S. Farmyard Ave. &E. Holstein Dr.)and arterial(W. Victory Rd. & S. Linder Rd.) streets shall incorporate articulation through changes in two or more of the following: modulation (e.g., projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public streets. Single-story homes are exempt from this requirement. 6. APPROVAL PERIOD: If this Agreement has not been fully executed within six(6) months after the date of the Findings, the City may, at its sole discretion, declare the Agreement null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. In the event Owner(s)/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. 7.2 Notice and Cure Period. In the event of Owner(s)/Developer's default of this agreement, Owner(s)/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 action 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. DEVELOPMENT AGREEMENT-BURNSIDE RIDGE ESTATES(H-2023-0055) PAGE 4 OF 9 7.3 Remedies. In the event of default by Owner(s)/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 section 67-6511A, 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 City's decision to annex and/or re-zone the Property, City and Owner(s)/Developer stipulate that specific performance is an appropriate, but not exclusive, remedy in the event of default. Owner(s)/Developer reserve 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(s)/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(s)/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(s)/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 approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances 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(s)/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the rezoning of the Property by the City Council. If for any reason after such recordation,the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 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 DEVELOPMENT AGREEMENT-BURNSIDE RIDGE ESTATES(H-2023-0055) PAGE 5 OF 9 UDC, to insure the installation of required improvements, which the Owner(s)/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed, and accepted by the City, or sufficient surety of performance is provided by Owner(s)/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner(s)/Developer agree 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 Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER/DEVELOPER: OWNER: OWNER: Linder Holdings,LLC Colleen K. Kelly C. Brent Jackson 4101 N. Thanksgiving Way, Ste. 420 3801 S. Linder Rd. 3605 S. Linder Rd. Lehi, UT 84043 Meridian, ID 83642 Meridian, ID 83642 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(s)/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 owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request(s) and/or Developer, to execute appropriate and DEVELOPMENT AGREEMENT-BURNSIDE RIDGE ESTATES(H-2023-0055) PAGE 6 OF 9 recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner(s) and/or Developer have fully performed their 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 reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. 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. 21. 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. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner(s)/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(s)/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 rezoning of the subject 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-BURNSIDE RIDGE ESTATES(H-2023-0055) PAGE 7 OF 9 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Linder Horld�irligs,LLC V B � LL), Yvo/x'� Hof 91` STATE OF i -� ) ss: County of AD�{ ) On this day of Av.; >'r , 2024, before me, the undersigned, a Nota, Public in and for said State, personally appeared v yw-^ , known or identified to me to be the r of Linder Holdings,LLC and the person who sig ed above 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. (SEAL) Notary Public My Commission Expires: ALE CINDRICH COMMISSION#65119 NOTARY PUBLIC OWNER: STATE OF IDAHO MY COMMISSION EXPIRES 02/27/2027 Colleen K. Kelly STATE OF i -p ) ss: County of ) On this 1 S day of 0 c�-ob , 2024, before me, the undersigned, a Notary Public in and for said State, personally appeared Colleen K.Kelly,known or identified to me to be 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. ALEC CINDRICH Notary Public COn,itviisSION#65119 My Commission Expires: z•z.7x-z,-� NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 02/2712,0217 DEVELOPMENT AGREEMENT-BURNSIDE RIDGE ESTATES(H-2023-0055) PAGE 8 OF 9 OWNER: C.Brent Jackson STATE OF ( b ) ss: County of 4 ) On this 9 day of AV5,�� '� , 2024, before me, the undersigned, a Notary Public in and for said State, personally appeared C.Brent Jackson,known or identified to me to be 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) Notary Public My Commission Expires: Z'Z-7 Z-3 ALEC CINDRICH COMMISSION#65119 NOTARY PUBLIC STATE OF IDAHO CITY OF MERIDIAN ATTEST: My COMMISSION EXPIRES 02/27/2027 By: ----- Mayor Robert E. Simison 11-6-2024 Chris Johnson, City Clerk 11-6-2024 STATE OF IDAHO ) ss County of Ada ) On this 6th day of November , 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. (SEAL) Notary Public for Idaho My Commission Expires: 3-28-2028 - DEVELOPMENT AGREEMENT-BURNSIDE RIDGE ESTATES(H-2023-0055) PAGE 9 OF 9 EXHIBIT A A4'.1 J LAND SURVEYIN0 PLLC O N 732 0 a � - Client: Kimley Horn Date: February 15, 2024 sr Job No.: 9519 gr E ofQ' ANNEXATION qRD N- PROPERTY DESCRIPTION A parcel of land being the W 1/2 NE 1/4 and a portion of the SE 1/4 NE 1/4 and a portion of the NE 1/4 NE 1/4 and all of Lots 1, 2 and 3 of Basslin Ridge Estates as on file in Book 64 of Plats at Page 6469 in the Office of the Recorder of Ada County, Idaho, all located in Section 26, Township 3 North, Range 1 West, Boise Meridian, Ada County Idaho, more particularly described as follows: BEGINNING at a found Brass Cap marking the NW corner of said NE 1/4, (North 1/4 corner), from which a found Aluminum cap stamped "PLS 17665" marking the NE corner of said NE 1/4, (Section corner common to Sections 23, 24, 25 and 26) bears S. 890 06' 38" E., a distance of 2655.71 feet; Thence along the Northerly boundary of said W 1/2 NE 1/4, S. 890 06' 38" E., a distance of 1328.23 feet to the NE corner of said W 1/2 NE 1/4, (East 1/16 corner common to sections 23 and 26); Thence along the Easterly boundary of said W 1/2 NE 1/4, S. 000 33' 37"W., a distance of 1326.54 feet to a found 5/8-inch diameter iron pin with illegible cap marking the Northwest corner of said Basslin Ridge Estates; Thence along the Northerly boundary of said Basslin Ridge Estates, S. 890 08' 36" E., a distance of 798.19 feet; Thence leaving the Northerly boundary of said Basslin Ridge Estates, N. 000 37' 19" E., a distance of 165.10 feet; Thence S. 890 03' 39" E., a distance of 527.88 feet to the east boundary of said NE 1/4 NE 1/4; Thence along the east boundary of said NE 1/4 NE 1/4, S. 000 37' 17"W., a distance of 164.34 feet to the NE corner of said SE 1/4 NE 1/4, (North 1/16 corner common to sections 25 and 26); Thence along the Easterly boundary line of said SE 1/4 NE 1/4, S. 001, 37' 17"W., a distance of 1325.84 feet to the SE corner of said SE 1/4 NE 1/4, (East 1/4 corner); Thence along the Southerly boundary of said SE 1/4 NE 1/4, N. 890 11' 36"W., a distance of 1325.93 feet to the Southeast corner of said of said SE 1/4 NE 1/4, (Center east 1/16 corner); Thence along the Southerly boundary of the W 1/2 NE 1/4, N. 890 10' 56"W., a distance of 1326.91 feet to a found 5/8-inch diameter iron pin with cap stamped "PLS 6901" marking the Southwest corner of said W 1/2 NE 1/4, (Center 1/4 corner); Thence along the Westerly boundary of said W 1/2 NE 1/4, N. 000 33' 35" E., a distance of 2655.21 feet to the POINT OF BEGINNING. This parcel contains 123.28 acres more or less. 623 1 lth Ave. South,Nampa,ID 83651 T. (208)442-0115 C. (208) 608-2510 rgray.cls@gmail.com EXHIBIT LOCATED IN THE NE1/4 OF SECTION 26, T. 3 N., R. 1 W., B.M., ADA COUNTY, IDAHO White Mountain 2024 Ranch Subdivision Majestic View Subdivision Bk. 58 Pg. Bk. 61 Pg. 6110-6111 5615-5616 BASIS OF8"B 2EARINGS / -23 — —S 89°06'38"E 1328.23'— . L 2 7— _ . L . . .T VICTORY ROAD 24 6 T--- — — — 132V POINT OF N.1/4 Comer E 1116th Comer 26 25 BEGINNING r I LEGEND 1 � 0 Calculated point W W Lq ij� Found brass cap monument to :n COI I��, ` � I I� ® Found aluminum cap monument � Q Found 518 inch dia.iron pin �I W I IM W 1 o UNPLATTED N N 00037'19"E a � I 165.10' S 89003'39"E c.JI y m o W w S 89008'36"E 527.88 N F r MI NE 111116tth Comer 798.19 N 11116th Comer td 0 0 O p Z U) CAD Area:5,370,450 s.f.t o Q) 0 I 123.28 acres t INt w d� �t w o, °° o ,6 Cn 5 1 �10 mno 0 U) I I C 1/4 Comer CE 1/16th Comer _ _ / E 114 Comer N 8901056 W 1326.91 o CC) 26' " ' N 89°11'36"W 1325.9�� 26 25 •"� t` I UNPLATTED �ko q°4ob fi °°k 7 73 of z q80 A. 2 0 500 1000 COMPASS LAND SURVEYING, PLLC JN 9519 Scale: 1"=500' 623 11th Avenue South Nampa, ID 83651 File: 9519-Annexation Exhibit 02-15-2024.dwg Office: (208)442-0115 Fax: (208) 327-2106 s89°06'38"e 1 8.23 yS��NpG N SFO SG9 04 a 732 grFof�oP�P �qRD A• G 3 v � co "M M O O N s89°03'39"e 527 88 m in r a M N M L6 s89°08'36"e o ry 798.18 C) 3 v i- w y M " o N 1326.91 1325.93 n89°10'S6'w n89°11'36"w 9519 REVISED ANNEXATION ADDS JACKSON 2/15/2024 Scale: 1 inch= 350 feet File: 9519 Annexation Revised 2-15-2024.ndp Tract 1: 123.2885 Acres,Closure:s36.3411w 0.01 ft.(1/999999),Perimeter=10944 ft. 01 s89.0638e 1328.23 08 n89.1136w 1325.93 02 s00.3337w 1326.54 09 n89.1056w 1326.91 03 s89.0836e 798.19 10 n00.3335e 2655.21 04 n00,3719e 165.1 05 s89.0339e 527.88 06 s00.3717w 164.34 07 s00.3717w 1325.84 11L) 0 LAND SURVMNO PLLG �J Client: Kimley Horn Job No.: 9519 Rev. Date: February 16, 2024 Re: Jackson Ridge Estates REZONE R-4 HOLDING AREA PROPERTY DESCRIPTION A parcel of land being a portion of the S 1/2 NE 1/4, located in Section 26, Township 3 North, Range 1 West, Boise Meridian, Ada County Idaho, more particularly described as follows: Commencing at a found Brass Cap marking the NW corner of said NE 1/4, (North 1/4 corner), from which a found Aluminum cap stamped "PLS 17665" marking the NE corner of said NE 1/4, (Section corner common to Sections 23, 24, 25 and 26) bears S. 890 06' 38" E., a distance of 2655.71 feet; Thence along the Westerly boundary of said NE 1/4, S. 000 33' 35"W., a distance of 1794.43 feet; Thence leaving said Westerly boundary line, S. 890 26'25" E., a distance of 155.00 feet; Thence S. 0" 33' 35"W., a distance of 76.67 feet; Thence S. 89' 26' 25" E., a distance of 30.00 feet to the POINT OF BEGINNING; Thence continuing S. 89°26'25" E., a distance of 136.95 feet; Thence a distance of 3.01 feet along the arc of said curve right, having a radius of 4.50 feet, a central angle of 380 21' 38", the long chord of which bears N. 71° 22'46" E., a distance of 2.96 feet; Thence a distance of 119.79 feet along the arc of said curve right, having a radius of 68.50 feet, a central angle of 1001 12' 00", the long chord of which bears S. 77' 42' 03" E., a distance of 105.10 feet; Thence N. 62° 23' 57" E., a distance of 10.00 feet; Thence S. 89' 26' 25" E., a distance of 112.67 feet; Thence S. 83° 35' 26" E., a distance of 100.00 feet; Thence a distance of 79.16 feet along the arc of said curve right, having a radius of 694.00 feet, a central angle of 06'32' 08", the long chord of which bears S. 03° 08' 30"W. , a distance of 79.12 feet; Thence S. 77° 50' 01" E., a distance of 350.90 feet; Thence a distance of 1.82 feet along the arc of said curve right, having a radius of 3.00 feet, a central angle of 340 48' 07", the long chord of which bears S. 60° 25' 58" E., a distance of 1.79 feet; Thence S. 43' 01' 54" E., a distance of 779.48 feet; 623 11th Ave. South,Nampa,ID 83651 T. (208)442-0115 C. (208)608-2510 rgray.cls@gmail.com COMPASS LAND SURVEwNG.PLLC Kimley-Horn-9519\Survey\Descriptions\Rev 12-12-23 Holding Area Rezone R-4 Boundary.doc Page 2 of 2 Thence S. 00' 48'24"W., a distance of 50.00 feet to a point on the Southerly boundary line of the SE1/4 NE1/4 of said Section 26; Thence along said Southerly boundary line, N. 89' 11' 36" W., a distance of 200.69 feet, to the Center East 1/16 Corner of said Section 26; Thence leaving said Center East 1/16 Corner and along the Southerly Boundary of the SW1/4 NE 1/4 of said Section 26, N. 89° 10' 56"W., a distance of 974.20 feet to the beginning of a curve right; Thence leaving the Southerly Boundary of the SW1/4 NE 1/4 of said Section 26, a distance of 139.36 feet along the arc of said curve right, having a radius of 250.00 feet, a central angle of 31° 56'21", the long chord of which bears N. 73° 12'45"W., a distance of 137.56 feet to the beginning of a reverse curve left; Thence a distance of 65.99 feet along the arc of said curve left, having a radius of 250.00 feet, a central angle of 150 07' 28", the long chord of which bears N. 640 48' 19"W., a distance of 65.80 feet; Thence non tangent to said curve, N. 11° 11' 16" E., a distance of 112.50 feet to the beginning of a curve left; Thence a distance of 37.10 feet along the arc of said curve left, having a radius of 200.00 feet, a central angle of 100 37'41", the long chord of which bears N. 05" 52' 26" E., a distance of 37.05 feet; Thence N. 0° 33' 35" E., a distance of 572.36 feet to the POINT OF BEGINNING. This parcel contains 17.41 acres more or less. t LA EN G 73 a � OF P - qRD A• 623 1 lth Ave. South,Nampa,ID 83651 T. (208)442-0l l5 � C. (208) 608-2510 rgray.cls@gmail.com ZD co o R ' L � Ocm O � .m- co Cl) co U 0o U04 w w �: w 3: R: w ♦ w z v o o `° zn - io F M Y. 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O � Cd C)U Ch W 'A7 NC;CD9Z f O • N M r C27 �� N �p II ^ CN Oco Q 0) I@ CO O IY V 0 ^O M-U0 Orpr C:)T V IfJOU� r,LO Cog U O MV V r,: N�co In NNp� ION CO V CO M Cp IC7 CO O Mrw T 0 N I` NNCl I` IA I`OV CA „NOM r, __M C, (� ` NJ�C fOq (n Nf U) C Y) v' F 0 0 0 0 0 0 0 O O Or r J 1 LAND SURVEYING PLLC I Client: Kimley Horn Job No.: 9519 Date: February 16, 2024 Re: Jackson Ridge Estates REZONE R-4 PART 2 PROPERTY DESCRIPTION A parcel of land being a portion of the NE 1/4 and a portion of Lot 1, 2 and 3 of Basslin Ridge Estates as on file in Book 64 of Plats at Page 6469 in the Office of the Recorder of Ada County, Idaho, all located in Section 26, Township 3 North, Range 1 West, Boise Meridian, Ada County Idaho, more particularly described as follows: Commencing at a found Brass Cap marking the NW corner of said NE 1/4, (North 1/4 corner), from which a found Aluminum cap stamped "PLS 17665" marking the NE corner of said NE 1/4, (Section corner common to Sections 23, 24, 25 and 26) bears S. 890 06' 38" E., a distance of 2655.71 feet: Thence along the Northerly boundary of said NW 1/4 NE 1/4 , S. 890 06' 38" E., a distance of 1328.23 feet to the NE corner of said NW 1/4 NE 1/4, (East 1/16 corner common to Sections 23 and 26); Thence along the Easterly boundary of said NW 1/4 NE 1/4, S. 000 33' 37"W., a distance of 1326.54 feet to a found 5/8 inch diameter iron pin with illegible cap marking the Northwest corner of said Basslin Ridge Estates; Thence along the Northerly boundary of said Basslin Ridge Estates, S. 890 08' 36" E., a distance of 70.00 feet to the POINT OF BEGINNING; Thence Continuing along the Northerly boundary of said Basslin Ridge Estates, S. 891, 08' 36" E., a distance of 728.19 feet; Thence leaving said Northerly boundary of said Basslin Ridge Estates, N. 00° 37' 19" E., a distance of 165.10 feet; Thence S. 89" 03' 39" E., a distance of 527.88 feet to a point on the Easterly line of the E1/2 NE1/4 of said Section 26 (Common line to sections 25 and 26); Thence along the Easterly boundary line of said E 1/2 NE 1/4, S. 000 37' 17"W., a distance of 1490.18 feet to the SE corner of said SE 1/4 NE 1/4, (East 1/4 corner); -Thence alonVhe-Southerly-boundafy-of-said-SE-414 NE-114,--N-89 ' .distance-of 1125.24 feet; Thence leaving said Southerly boundary line N. 00' 48' 24" E., a distance of 50.00 feet; Thence N. 43' 01' 54"W., a distance of 3.59 feet; Thence N. 46° 58' 06" E., a distance of 166.00 feet; 623 1 lth Ave. South,Nampa, ID 83651 T. (208)442-0115 C. (208) 608-2510 rgray.cls@gmail.com COMPASS LAND SURVEYING.PLLC Kimley-Horn-9519\Survey\Descriptions\Rev 2-8-22Rezone R-4 Boundary.doc Page 2 of 2 Thence S. 430 01'54" E., a distance of 29.90 feet to the beginning of a tangent curve right; Thence a distance of 57.78 feet along the arc of said curve right, having a radius of 150.00 feet, a central angle of 220 04' 14", the long chord of which bears S. 310 59'47" E., a distance of 57.42 feet; Thence N. 690 02' 20" E., a distance of 30.00 feet; Thence N. 650 34' 19" E., a distance of 156.36 feet; Thence N. 630 40' 01" E., a distance of 57.42 feet; Thence N. 46' 58' 06" E., a distance of 122.00 feet; Thence N. 41° 18'40" E., a distance of 60.29 feet; Thence S. 89' 07' 53" E., a distance of 230.00 feet; Thence N. 00' 52' 07" E., a distance of 155.00 feet; Thence N. 890 07' 53"W., a distance of 272.61 feet to the beginning of a tangent curve to the left; Thence a distance of 76.62 feet along the arc of said curve left, having a radius of 100.00 feet, a central angle of 430 54' 01", the long chord of which bears S. 680 55' 06"W., a distance of 74.76 feet; Thence, S. 460 58' 06"w., a distance of 37.44 feet; Thence N. 43° 01' 54"W., a distance of 698.49 feet to the beginning of a tangent curve to the right; Thence a distance of 142.21 feet along the arc of said curve right, having a radius of 750.00 feet, a central angle of 100 48' 53", the long chord of which bears N. 370 35' 59"W., a distance of 142.00 feet; Thence N. 32' 10' 04"W., a distance of 101.09 feet to the beginning of a tangent curve to the left; Thence a distance of 3.79 feet along the arc of said curve left, having a radius of 750.00 feet, a central angle of 001 17' 24", the long chord of which bears N. 320 18'46"W., a distance of 3.79 feet; Thence N. 570 49' 56" E., a distance of 54.42 feet to the beginning of a tangent curve to the right; Thence a distance of 74.45 feet along the arc of said curve right, having a radius of 130.00 feet, a central angle of 321 48' 53", the long chord of which bears N. 740 14'23" E., a distance of 73.44 feet; L Np Thence N. 000 51' 24" E., a distance of 140.00 feet to the POINT OF BEGINNING. y�� cE This parcel contains 32.03 acres more or less. 732 a qq A 70 o� � S0F� P cygRD P. 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C� cfl cn a w nn� m A� 0 0 o S o D v pRO s o 0 0 0 0 o 0 0 0 0 w CD N O O W N 0 ay m D O ff► w A o a C 00 W z n m TNZ D A V N -4 V z m '9y � — r m C z z z w w C Z p N Co -. m �1�'T177 W (.A 'A D W N3 Oo CT CT CD� z Z m m m Q � Z m =7,4 A N W V N V a y+ W t CD N v s j n n 0 -� OC cn Z 0 n —I 0v0 cu cn ivcOD /� � - -�\ /� � - - �\ Z (n D N j0 z \ \ 2 a)v / / 0 - 3 c CD CD `I 0ol/ \l C w 000 W n _ Q CA s89°03'39"e 527.88 m o tiN CO�p o s89°08'36"e c 728.19 'v N O N� O O 2y a r 2a 3 6, 0 M l �y 272.61 n89°07'53"w a� a Z 732 s89°07'53"e o qrF OF in P-a �y 230 �qRD A• G� ,a 13 roe s y 3� 9 10 r6 1y63y m 1125.24 n89 11'36w 9519 Revised R-4 Zoning Jackson Ridge Estates Part 2 2/16/2024 Scale: 1 inch= 220 feet File: 9519 Revised Zone R4 Part 2 02-16-2024.ndp Tract 1:32.0319 Acres,Closure:n89.1116e 0.01 ft.(1/571367),Perimeter=6756 ft. 01 s89.0836e 728.19 17 n00.5207e 155 02 n00.3719e 165.1 18 n89.0753w 272.61 03 s89.0339e 527.88 19 Lt,r=100.00,delta=043.5401,chord=s68.5506w 74.76 04 s00.3717w 1490.18 20 s46.5806w 37.44 05 n89.1136w 1125.24 21 n43.0154w 698.49 06 n00.4824e 50 22 Rt,r=750.00,delta=010.4853,chord=n37.3559w 142.00 07 n43.0154w 3.59 23 n32.1004w 101.09 08 n46.5806e 166 24 Lt,r-750.00,delta=000.1724,chord=n32.1846w 3.79 09 s43.0154e 29.9 25 n57.4956e 54.42 10 Rt,r=150.00,delta=022.0414,chord=s31.5947e 57.42 26 Rt,r=130.00,delta=032.4853,chord=n74.1423e 73.44 11 n69.0220e 30 27 n00.5124e 140 12 n65.3419e 156.36 13 n63.4001e 57.42 14 n46.5806e 122 15 n41.1840e 60.29 16 s89.0753e 230 "A� J LAND SURVEYING PLLC Client: Kimley Horn Job No.: 9519 Date: February 16, 2024 Re: Jackson Ridge Estates REZONE R-4 PROPERTY DESCRIPTION A parcel of land being a portion of the W 1/2 NE 1/4, Section 26, Township 3 North, Range 1 West, Boise Meridian, Ada County Idaho, more particularly described as follows: Commencing at a found Brass Cap marking the NW corner of said NE 1/4, (North 1/4 corner), from which a found Aluminum cap stamped "PLS 17665" marking the NE corner of said NE 1/4, (Section corner common to Sections 23, 24, 25 and 26) bears S. 890 06' 38" E., a distance of 2655.71 feet; Thence along the Northerly boundary of said W 1/2 NE 1/4 , S. 890 06' 38" E., a distance of 116.02 feet to the POINT OF BEGINNING; Thence continuing along the Northerly boundary of said W 1/2 NE 1/4 , S. 890 06' 38" E., a distance of 1212.21 feet to the NE corner of said W 1/2 NE 1/4, (East 1/16 corner common to Sections 23 and 26); Thence along the Easterly boundary of said W 1/2 NE 1/4, S. 000 33' 37"W., a distance of 1323.58 feet; Thence leaving said Easterly boundary N. 42' 06' 23" W., a distance of 209.48 feet; Thence N. 53' 16'20"W., a distance of 50.43 feet to the beginning of a non-tangent curve right; Thence a distance of 282.75 feet along the arc of said curve right, having a radius of 756.00 feet, a central angle of 210 25'45", the long chord of which bears S. 471,26' 33"W., a distance of 281.10 feet to a point on a compound curve left; Thence a distance of 671.95 feet along the arc of said curve left, having a radius of 744.00 feet, a central angle of 510 44' 51", the long chord of which bears S. 320 17' 00"W., a distance of 649.35 feet; Thence N. 830 35' 26"W., a distance of 50.00 feet; Thence N. 890 26' 25"W., a distance of 112.67 feet; Thence, S. 62° 23' 57"W., a distance of 10.00 feet to the beginning of a non-tangent curve left; Thence a distance of 119.79 feet along the arc of said curve left, having a radius of 68.50 feet, a central angle of 1000 12' 00", the long chord of which bears N. 770 42' 03"W., a distance of 105.10 feet to a point on a compound curve right; 623 llth Ave. South,Nampa,ID 83651 T. (208)442-0115 C. (208)608-2510 rgray.cls@gmail.com COMPASS LAND SURVEYING,PLLC Kimley-Horn-95191Survey\Descriptions\Rev 2-8-22Rezone R-4 Boundary.doc Page 2 of 2 Thence a distance of 3.01 feet along the arc of said curve right, having a radius of 4.50 feet, a central angle of 380 21' 38", the long chord of which bears S. 711 22'46"W., a distance of 2.96 feet; Thence N. 8911 26' 25"W., a distance of 166.95 feet; Thence N. 00' 33' 35" E., a distance of 161.98 feet to the beginning of a tangent curve right; Thence a distance of 187.58 feet along the arc of said curve right, having a radius of 130.00 feet, a central angle of 820 40' 31", the long chord of which bears N. 410 53' 51" E., a distance of 171.73 feet; Thence N. 060 45' 54"W., a distance of 254.12 feet; Thence N. 230 41' 08" E., a distance of 55.03 feet; Thence N. 220 05'29" E., a distance of 177.00 feet to the beginning of a non-tangent curve left; Thence from a tangent which bears N 67054'31" W, along curve to the left with a radius of 456.00 feet, and having a central angle of 01°13'12" an arc length of 9.71 feet with a chord bearing of N 68°31'07" W, and a chord distance of 9.71 feet to the beginning of a reverse curve right; Thence a distance of 246.91 feet along the arc of said reverse curve right, having a radius of 203.00 feet, a central angle of 690 41' 18", the long chord of which bears N. 340 17' 04"W., a distance of 231.97 feet; Thence N. 000 33' 35" E., a distance of 709.53 feet; Thence N. 230 43' 26" W., a distance of 158.91 feet; Thence N. 000 53'22" E., a distance of 64.00 feet to the POINT OF BEGINNING. This parcel contains 40.11 acres more or less. t' �D 0 W 7732 0 4PA i(let "E0F10'' 623 1 lth Ave. South,Nampa,ID 83651 T. (208)442-0115 C. (208) 608-2510 rgray.cls@gmail.com EXH IBIT LEGEND LOCATED IN THE W1/2 NE1/4 OF SECTION 26, Calculated point T. 3 N., R. 1 W., B.M., ADA COUNTY, IDAHO Found brass cap monument 2024 ® Found aluminum cap monument N.1/4 POINT OF B/ISIS OF BEARINGS Found 5/8 inch dia.iron pin Comer-23 BEGINNING l S 89°06'38"E 2655.71' -S 89006'38"E 1212.21'- - - - - T - - --I _ _ 23;-.�24 26 L1 L13r WV1Cl1DRY ROAD 1327.48' 26 25 � ra I w h LINE TABLE h LINE# DIRECTION I LENGTH � L1 S 89°06'38"E 116.02' M a3i L2 N 42°06'23"W 209.48' I o °O L3 N 53°16'20"W 50.43' cli in M L4 N 83°35'26"W 50.00' M I Cl) ZONE R 4 L5 N 89°2625"W 112.67' oArea:1,747,375 s.f.t u) 40.11 acres t M L6 S 62°23'57"W 10.00' Cl) M o L7 N 89°26'25"W 166.95' 0 n L8 N 00033'35"E 161.98' LO co w L9 N 06°45'54"W 254.12' M L10 N 23°41'08"E 55.03' M J o L11 N 22°05'29"E 177.00' z C6 / L12 N 23°43'26"W 158.91' L13 N 00°53'22"E 64.00' ICURVE TABLE I CURVE RADIUS DELTA LENGTH BEARING CHORD Vh V`V C1 756.00' 021°25'45" 282.75' S 47°26'33"W 281.10' I C2 744.00' 051°44'51" 671.95' S 32°17'00"W 649.35' C3 68.59 100°12'00" 119.79 N 77°42'03"W 105.10' 00 C4 4.50' 038°21'38" 3.01' S 71°22'46"W 2.96' C3 L5 C5 130.00' 082°40'31" 187.58' N 41°53'51"E 171.73' �I L6 L4 C6 456.00' 001013'12" 9.71' N 68°31'07"W 9.71' 1 C7 203.00' 069°41'18" 1 246.91' N 34°17'04"W 231.9T 1 \ CA J 1 p - 0 150 300 600 C 1/4 Comer 3/ I Z 1 11 Scale: 1"=300' *ire OF � � COMPASS LAND SURVEYING, PLLC qRD A� JN 9519 623 11th Avenue South Nampa, ID 83651 File: 9519-REZONE R-4 JACKSON RIDGE PART 1 02-16-2024.dwg Office: (208)442-0115 Fax: (208)327-2106 SMFUb M-e 1212.21 7 cw c' tp c�' 4 m in M (M (7� M O O r- O 3 M M M M M O r O N 0 0 5r 1 �a N Oh& �N A AN L N � 0 V ^fib•h^ �� E p 7732,,E CO i tF of Vo P M RD p. GQ' 10 166.9s n89°26'25 w 9519 Revised R-4 Zoning Jackson Ridge Estate Part 1 2/16/2024 Scale: 1 inch= 246 feet File: 9519 Revised Zone R4 Part 1 02-16-2024.ndp Tract 1:40.1142 Acres,Closure:s02.3047w 0.01 ft.(11999999),Perimeter=6238 ft. 01 s89.0638e 1212.21 15 n06.4554w 254.12 02 s00.3337w 1323.58 16 n23.4108e 55.03 03 n42.0623w 209.48 17 n22.0529e 177 04 n53.1620w 50.43 18 Lt,r=456.00,delta=001.1312,arc=9.71,chord=n68.3107w 9.71 05 Rt,r=756.00,delta=021.2545,chord=s47.2633w 281.11 19 Rt,r=203.00,delta=069.4118,chord=n34.1704w 231.97 06 Lt,r=744.00,delta=051.4451,chord=s32.1700w 649.35 20 n00.3335e 709.53 07 n83.3526w 50 21 n23.4326w 158.91 O8 n89.2625w 112.67 22 n00.5322e 64 09 s62.2357w 10 10 Lt,r=68.50,delta=100.1200,chord=n77.4203w 105.10 11 Rt,r=4.50,delta=038.2138,chord=s71.2246w 2.96 12 n89.2625w 166.95 13 n00.3335e 161.98 14 Rt,r=130.00,delta=082.4031,chord=n41.5351e 171.73 Go I i'/I r� LAND SuRvBYfNQ PLLC Client: lQmiey Horn Date: January 24, 2024 Job No.: 9519 Re:Jackson Ridge Estates REZONE R2 PROPERTY DESCRIPTION A parcel of land being a portion of the W 1/2 NE 1/4,Section 26,Township 3 North,Range 1 West, Boise Meridian,Ada County Idaho, more particularly described as follows: BEGINNING at a found Brass Cap marking the NW corner of said NE 1/4,(North 1/4 corner),from which a found Aluminum cap stamped"PLS 17665"marking the NE corner of said NE 1/4,(Section corner common to Sections 23,24,25 and 26)bears S. 890 06'38"E.,a distance of 2655.71 feet; Thence along the Northerly boundary of said W 112 NE 1/4, S. 890 06'38"E.,a distance of 116.02 feet; Thence leaving said Northerly boundary, S.0011 53'22"W.,a distance of 64.00 feet; Thence S.230 43'26"E.,a distance of 158.91 feet; Thence S.000 33'35"W.,a distance of 709.53 feet to the beginning of a tangent curve left; Thence a distance of 246.91 feet along the arc of said curve left, having a radius of 203.00 feet,a central angle of 690 41'18",the long chord of which bears S.340 17'04"E.,a distance of 231.97 feet to a point on a reverse curve to the right; Thence along said reverse curve to the right,with a radius of 456.00 feet and a central angle of 01"1312", an arc length of 9.71 feet with a chord bearing of S 68031'07"E and a chord distance of 9.71 feet; Thence S.220 05'29"W.,a distance of 177.00 feet; Thence S.230 41'08"W.,a distance of 55.03 feet; Thence S.060 45'54" E.,a distance of 254.12 feet to the beginning of a non tangent curve left; Thence a distance of 187.58 feet along the arc of said curve left,having a radius of 130.00 feet,a central angle of 820 40'31",the long chord of which bears S.410 53'51"W.,a distance of 171.73 feet; Thence S.0011 33'35"W., a distance of 85.31 feet; Thence N.890 26'25"W.,a distance of 155.00 feet to the Westerly boundary of sold W 112 NE 1/4; Thence along the Westerly boundary of said W 1/2 NE 1/4, N.000 33'35"E.,a distance of 1794.43 feet to the POINT OF BEGINNING. This parcel contains 8.27 acres more or less. aN E a 0 77 o a W OF X'01' Q� qRD A• L�� 623 1 lth Ave. South,Nampa,iD 83651 T.(208)442-0115•C.(208)608-2510"rgray.cls@gmail.com EXHIBIT LOCATED IN THE W1/2 NE1/4 OF SECTION 26, T. 3 N., R. 1 W., B.M., ADA COUNTY, IDAHO 2024 POINT OF BASIS OF BEARINGS BEGINNING N.1/4 Comer S 89"06'38"E 2655.71' 26 L2 2539.69 — — — 26 25 W VICTORY ROM LINE TABLE LEGEND LINE# DIRECTION LENGTH 0 Calculated point L1 S 89°06'38"E 116.02' Q� Found brass cap monument L2 S 00°53'22"W 64.00' o ® Found aluminum cap monument L3 S 23°4326"E 158.91' Qo Found 5/8 inch dia.iron pin L4 S 22°05'29"W 177.00' cU-3i L5 S 23"41'08"W 55.03' M o L6 S 06°45'54"E 254.12' 0 v L7 S 00°33'35"W 85.31' rn L8 rN 89°26'25"W 155.00' N L6 W N M CURVE TABLE M M o CURVE RADIUS DELTA LENGTH BEARING CHORD C13 Z C2 C1 203.00' 069°41'18" 246.91' S 34°17'04"E 231.97' c� ZONE R- "' C2 456.00' 001°13'12" 9.71' S 68°31'07"E 9.71' Area:360,343 s.f.t 8.27 acres t v C3 130.00' 082°40'31" 187.58' S 41°53'51"W 171.73' h y rn 7 32 t.8 J qrE of'X jg zo RD 0.6� 0 150 300 600 Co Scale: 1"=300' 0 C1/4Comer COMPASS LAND SURVEYING, PLLC JN 9519 623 11th Avenue South Nampa, ID 83651 File: 9519-REZONE R-2 JACKSON RIDGE 02-15-2024.dwg Office: (208)442-0115 Fax: (208)327-2106 'la m N QQ� C r t. C� } r ^L 1+] Lao -- yea N m � y, a 7732 �qRD A• �` 165 n w 9519 R-2 Zoning Jackson Ridge Estates 1/24/2024 Scale: 1 Inch=225 feet FIle: 9519 Revised Zone R2 Jackson Ridge 01-24-2024.ndp Tract 1:8.2723 Acres(360343 Sq.Feet),Closure:n08.4852w 0.01 ft.(1/334170),Pedmeter-4014 ft. 01 s89.0638e 116.02 10 Lt,r=130.00,deka=082.4031,arc=187.68,chord=s41.5351w 171.73 02 s00.5322w 64 11 s00.3335w 85.31 03 s23.4326a 158.91 12 n89.2625w 165 04 s00.3335w 709.53 13 n00.333591794.43 05 Lt.r-203.00,deka=069.4118,arc=246,91,chord=44.1704e 231.97 08 RL 1-456.00,defte=001.1312,arc=9.71,chord=s68.3107e 9.71 07 s22.0529w 177 08 s23.4108w 55.03 i �ASS LAND SURVMf40 PLLG r Client. Kimley Horn Date: January 24, 2024 Job No.: 9519 Re: Jackson Ridge Estates REZONE R-2 HOLDING AREA PROPERTY DESCRIPTION A parcel of land being a portion of the SW 114 NE 114, located in Section 26, Township 3 North, Range 1 West, Boise Meridian, Ada County Idaho, more particularly described as follows: Commencing at a found Brass Cap marking the NW corner of said NE 114, (North 114 corner), from which a found Aluminum cap stamped "PLS 17665" marking the NE corner of said NE 114, (Section corner common to Sections 23, 24, 25 and 26) bears S. 890 06'38" E., a distance of 2655.71 feet; Thence along the Westerly boundary of said NE 114, S. 001,33'35"W., a distance of 1794.43 feet to the P01NT OF BEGINNING; Thence leaving said Westerly boundary line, S. 89' 26' 25" E., a distance of 155.00 feet; Thence S. 0' 33' 35"W., a distance of 76.67 feet; Thence S. 89'26'25" E., a distance of 30.00 feet; Thence S. 0° 33' 35"W., a distance of 572.36 feet to the beginning of a curve right; Thence a distance of 37.10 feet along the arc of said curve right, having a radius of 200.00 feet, a central angle of 100 37'41", the long chord of which bears S. 05' 52' 26"W,, a distance of 37.05 feet; Thence S. 11° I 16"W., a distance of 112.50 feet to the beginning of a non tangent curve right; Thence a distance of 65.99 feet along the are of said curve right, having a radius of 250.00 feet, a central angle of 151' 07' 28", the long chord of which bears S. 64' 48' 19" E., a distance of 65.80 feet to the beginning of a reverse curve left; Thence a distance of 139.36 feet along the arc of said curve right, having a radius of 250.00 feet, a central angle of 310 56' 21", the long chord of which bears S. 73' 12'45" E., a distance of 137.56 feet to the Southerly boundary line of the SE114 NE114 of said Section 26; Thence along the Southerly Boundary of the SW114 NE 114 of said Section 26, N. 89' 10'56"W., a distance of 352.72 feet to a found 518 inch Iron Pin with a plastic cap stamped "PLS 6901" marking the Southwest corner of the SW114 NE114 of said Section 26 (Center 114 of said Section 26); Thence along the Westerly boundary line of the SW114 NE114 of said Section 26, N. 00 33'35" E., a distance of 860.78 feet to the POINT OF BEGINNING. pL L ND This parcel contains 3.64 acres more or less. ■� Fo 7732 r Ep o F 623 11th Ave. South,Nlampa,ID 83651 T. (208)442-0115 C.(208)608-2510 rgray.cls@ Fank.. G FM1 IBIT LOCATED IN THE SW114 NE114 OF SECTION 26, T. 3 N., R. 1 W., B.M., ADA COUNTY, IDAHO 2024 BA818 OF 13 AAING18 _ 23 6_89'0638"E 2655.71' 23 24 26 N.114Comer W=YfC'i6RY 86A—D 26 25 III`r`rII� IT I� POINT OF BEGINNING S 89°26'25"E ' 155.00, S 00933'35"W 76.67' 0 75 150 300 I S 89°26'25"E 1 30.00' Scale: 10=150, I I CURVE TABLE yam CURVE RADIUS DELTA LENGTH GEARING CHORD °1.14 d S 9 2 I C1 200.00' 01063741" 37.10 S 05°5226'W 37.05' W Am y N C2 250.09 015'07'28" 65.99 8 64048119'E 65.80, CZONE R-2 I C3 260.00' 031-5621- 139.36 8 73.1245"E 137.56' °p Area:158,663 sJ.f ,yq 1 3.64 acres t/ LEGEND y w I 10 o Calculated paint CD Found brass cap monument 0 I Found aluminum cap monument z Q Found 518 inch dia.iron pin 1 1S �. I r 7 20 U S 11011'16"W 0 r!t 0 1�112.50' C2 1 C 114 Comer C3 q anav CE 1116th Comer " N 890 10'66"W 352.72' �^ S 89°10'56'E 1326.91, ':j 4� � UNPLATTED C6 M~ COMPASS LAND SURVEYING, PLLC JN 9519 623 11th Avenue South Nampa, ID 83651 File:9519-REZONE R-2 HOLDING AREA EXHIBIT 01-24-2024.dwg Office: (208)442-0115 Fax, (208)327-2106 s89°26'25"e 155 r- �r� rp M �Q 03 3 ry P Cn o N N �17� n p7 O CD P c LA 4 ��� • " 0 9 732 a � ry,^_ 4 rE Of D�P y ARE) A. 3 52.72 L❑ '6 21^ n w 9519 R-'2 Holding Area Jackson Ridge 1/24/2024 Scale: 1 inch= 120 feet File: 9519 Revised Zane R2 Holding Area 1-24-2024.ndp Tract 1:3.6424 Acres(158662 Sq.Feet),Ciasure:s05.3525e 0.01 ft.(11225731),Pori meter=2402 ft. 01 s89.2625e 155 08 Lt,r 250,00,delta=031.5621,chard=s73,1245e 137.50 02 s00.3335w 76.67 09 n89.1056w 352.72 03 s89.2625e 30 10 n00.3335e 860.78 04 s00.3335w 572.36 05 Rt,r=200.00,delta=010.3741,chcrd=s05.5226w 37.05 06 s11.1116w 112.50 07 Rt,r-250.00,delta=015.0728,chard=s64.4819e 65.80 C ' AS,S LAND SURVEYING PLLC Client: Kimley Horn Date: January 24, 2024 Job No.. 9519 Re: Jackson Ridge Estates REZONE R-8 PROPERTY DESCRIPTION A parcel of land being a portion of the NE 114 and a portion of Lot 1, 2 and 3 of Basslin Ridge Estates as on file in Book 64 of Plats at Page 6469 in the Office of the Recorder of Ada County, Idaho,all located in Section 26, Township 3 North, Range 1 West, Boise Meridian, Ada County Idaho, more particularly described as follows: Commencing at a found Brass Cap marking the NW corner of said NE 114, (North 114 corner),from which a found Aluminum cap stamped"PES 17665" marking the NE corner of said NE 114, (Section corner common to Sections 23, 24, 25 and 26) bears S. 890 06' 38" E., a distance of 2655.71 feet; Thence along the Northerly boundary of said NW 114 NE 114 , S. 890 06' 38" E., a distance of 1328.23 feet to the NE corner of said NW 114 NE 114, (East 1116 corner common to Sections 23 and 26); Thence along the Easterly boundary of said NW 114 NE 114, S. 000 33' 37"W., a distance of 1323.58 feet to the POINT OF BEGINNING; Thence continuing along said Easterly Boundary line S. OW 33'37"W., a distance of 2.96 feet to a found 5/8 inch diameter iron pin with illegible cap marking the Northwest corner of said Basslin Ridge Estates; Thence along the Northerly boundary of said Basslin Ridge Estates, S. 89108'36" E., a distance of 70.00 feet; Thence leaving the Northerly boundary of said Basslin Ridge Estates, S. 000 51'24"W., a distance of 140.00 feet to the beginning of a non-tangent cure left; Thence an arc length of 74.45 feet along the arc of said curve left, having a radius of 130.00 feet, a central angle of 320 48'53", the long chord of which bears S. 74' 14' 23"W., a distance of 73.44 feet; Thence S. 570 49' 56"W., a distance of 54.42 feet to the beginning of a non-tangent cure right; Thence an arc length of 3.79 feet along the arc of said curve right, having a radius of 750.00 feet,a central angle of 000 17'24", the long chord of which bears S. 320 18' 46" E.,a distance of 3.79 feet; Thence S.32" 10'04" E., a distance of 101.09 feet to the beginning of a tangent cure left; Thence an arc length of 142.21 feet along the arc of said curve right, having a radius of 750.00 feet, a central angle of 100 51' 50", the long chord of which bears S. 370 35' 59"E., a distance of 142.00 feet; Thence S.430 01' 54" E., a distance of 698.49 feet; Thence N. 460 58' 06" E., a distance of 37.44 feet to the beginning of a tangent cure right; Thence an arc length of 76.62 feet along the arc of said curve right, having a radius of 100.00 feet, a central angle of 43"54'01", the long chord of which bears N. 68'55' 06" E., a distance of 74.76 feet; Thence S. 890 07' 53" E., a distance of 272.61 feet; Thence S. 000 52' 07"W., a distance of 155.00 feet; 623 11th Ave. South,Nampa,TD 83651 1'.(208)442-0115 C. (208)608-2510 rgray.cls@gmail,com COMPASS LAND SuR vL.'Y1NG PLLC Kiinley-Ham-95191SurveylDescriptionslRev 2-8-22Rezone R-4 Boundary.doe Page 2 of 2 Thence N. 890 07'53"W.,a distance of 230.00 feet; Thence S.410 18'40"W., a distance of 60.29 feet; Thence S.460 58' 06"W., a distance of 122.00 feet; Thence S. 630 40' 0 1"W., a distance of 57.42 feet; Thence S. 65G 34' 19"W., a distance of 156.36 feet; Thence S. 690 02'20"W., a distance of 30.00 feet to the beginning of a non-tangent cure left; Thence an arc length of 57.78 feet along the arc of said curve left, having a radius of 150.00 feet,a central angle of 220 04' 14", the long chord of which bears N. 310 59'47"W„ a distance of 57.42 feet; Thence N. 43'01'54"W., a distance of 29.90 feet; Thence S. 460 58'06"W., a distance of 166.00 feet; Thence N. 4311 01'54"W., a distance of 775.89 feet to the beginning of a tangent cure left; Thence an arc length of 1.82 feet along the arc of said curve left, having a radius of 3.00 feet, a central angle of 340 48'07", the long chord of which bears N. 60125'58"W., a distance of 1.79 feet; Thence N. 770 50'0 1"W., a distance of 350.90 feet to the beginning of a non-tangent cure right; Thence an arc length of 79.16 feet along the arc of said curve right, having a radius of 694.00 feet,a central angle of 060 32'08", the long chord of which bears N. 03"08'30" E., a distance of 79.12 feet; Thence N. 830 35'26"W., a distance of 50.00 feet to the beginning of a non-tangent cure right; Thence an arc length of 671.95 feet along the arc of said curve right, having a radius of 744.00 feet, a central angle of 51°44'51", the long chard of which bears N. 320 17'00" E., a distance of 649.35 feet to a point on a compound curve to the left; Thence an arc length of 282.75 feet along the arc of said curve left, having a radius of 756.00 feet, a central angle of 210 25'45", the long chord of which bears N. 470 26' 33" E., a distance of 281.10 feet; Thence S. 530 16' 20" E.,a distance of 50.43 feet; Thence S. 420 06' 23" E., a distance of 209.48 feet to the POINT OF BEGINNING. 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NO 230 CA �,, nB9�075 773 Of cb RD p►. 9519 Revised R-8 Zoning Jackson Ridge Estates 1/24/2024 Scale: 1 inch= 230 feet File: 9519 Revised Zone R8 09-01-24-2024.ndp Tract 1:21.8171 Acres,Closure:550.0218w 0.01€t.(11393249),Perimeter=5211 ft. 01 s00.3337w 2.96 20 Lt,r=150.00,delta=022.0414,arc=57.78,chord=n31.5947w 57.42 02 s89.0836e 70 21 n43.0154w 29.9 03 s00.5124w 140 22 s46.5806w 166 04 Lt,r=130.00,delta=032.4853,arc=74.45,chard=s74.1423w 73.44 23 n43.0154w 775.89 05 s57,4956w 54.42 24 Lt,r=3.00,delta=034.4807,arc=1.82,chard=n60.2558w 1.79 06 Rt,r=750.00,delta=000.1724,are=3.79,chard s32.1846a 3,80 25 n77.5001w 350.9 07 s32.1004e 101.09 26 Rt,r=694.00,delta=006.3208,arc=79.16,chord=n03.0830e 79.12 08 Lt,r=750.00,delta=010.5150,arc=142.21,chord=s37.35599 142.00 27 n83.3526w 50 09 s43.0154e 698.49 28 Rt,r=744.00,delta=051.4451,arc=671.95,chord=n32.1700e 649.35 10 n46.5806e 37.44 29 Lt,r=756.00,delta-021,2545,arc=282.75,chard=n47.2633e 281.11 11 Rt,r=100.00,delta=043,5401,arc=76.62,chord=n68.5506e 74.76 30 s53.1620e 50.43 12 s89.0753e 272.61 31 s42.0623e 209.48 13 s00.5207w 155 14 n89.0753w 230 15 s41.1840w 60.29 16 s46.5806w 122 17 s63.4001 w 57.42 18 s65.3419w 156.36 19 s69.0220w 30 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 Annexation of 123.28-acres of Land with R-2(11.91 acres),R-4 (89.55-acres) and R-8(21.8-acres)Zoning Districts; and Preliminary Plat Consisting of 263 Building Lots,32 Common Lots and One(1)Other Lot,which is a Holding Area for Future Re- subdivision,on 121.31-acres of Land in the R-2,R-4 and R-8 Zoning Districts for Burnside Ridge Estates Subdivision,by Kimley-Horn. Case No(s).H-2023-0055 For the City Council Hearing Dates of. May 7 and 28,2024 (Findings on June 11,2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of May 28,2024, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of May 28, 2024,incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 28, 2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of May 28,2024, 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 BURNSIDE RIDGE ESTATES-AZ,PP H-2023-0055 - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 28,2024, 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 annexation and zoning and a preliminary plat is hereby approved with the requirement of a development agreement per the provisions in the Staff Report for the hearing date of May 28,2024, 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 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). 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 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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR BURNSIDE RIDGE ESTATES-AZ,PP H-2023-0055 -2- 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 May 28,2024 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR BURNSIDE RIDGE ESTATES-AZ,PP H-2023-0055 -3- By action of the City Council at its regular meeting held on the 11 th day of June 2024. COUNCIL PRESIDENT LUKE CAVENER VOTED COUNCIL VICE PRESIDENT LIZ STRADER VOTED COUNCIL MEMBER DOUG TAYLOR VOTED AYE COUNCIL MEMBER JOHN OVERTON VOTED AYE COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED AYE Council Member Brian Whitlock MAYOR ROBERT SIMISON VOTED AYE (TIE BREAKER) Mayor Robert E. imis n Attest: p ` � SEAL Chris John on City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Nonbcl�i�� L Dated: 6-11-2024 City lerk's Office — FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR BURNSIDE RIDGE ESTATES-AZ,PP H-2023-0055 -4- STAFF REPORT E IDIAN�-- COMMUNITY DEVELOPMENT DEPARTMENT p HEARING May 28,2024 Legend DATE: Continued rom:Ma 7, 2024 f f y I�Pro:ev- Loco'or --- TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: Burnside Ridge Estates—AZ,PP H-2023-0055 LOCATION: Generally located southwest of the W. Victory Rd. and the S. Linder Rd. intersection, in the NE 1/4 of Section 26, T.3N.,R.1W. (Parcels: S1226120750; R- _ 831430010; R0831430022; R0831430030; S1226142251; R0831430025; S 1226110575) (2365 W. Victory Rd.; 3605, 3801 &4005 S. Linder Rd.) I. PROJECT DESCRIPTION Annexation of 123.28 acres of land with R-2 (11.91 acres),R-4(89.55 acres)and R-8 (21.82 acres)zoning districts; and preliminary plat consisting of 263 building lots,3-3 32 common lots and one(1)other lot,which is a holding area for future re-subdivision, on 121.31 acres of land in the R-2,R-4 and R-8 zoning districts. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 121.31-acres Future Land Use Designation Low Density Residential(LDR)(41.2-acres)&Medium Density Residential (MDR)(80-acres) Existing Land Use Rural residential/agricultural Proposed Land Uses) Single-family detached dwellings Current Zoning Rural Urban Transition(RUT)in Ada County Proposed Zoning R-2(Low Density Residential),R-4(Medium Low-Density Residential)&R- 8(Medium Density Residential) Lots(#and type;bldg/common) 297 lots(263 building/3-3 32 common/1 other) Phasing plan(#of phases) 4(*holding are&-for futut e subdivision) Number of Residential Units(type 263 single-family detached units of units) Density(gross&net) 2.62 units/acre overall,not including holding area(gross) [LDR-2.81 units/acre;MDR— 1.78 units/acre(without holding area and 2.27 units/acre with holding area lots —see analysis in Section V for more information. Open Space(acres,total 11.53 13.36-acres(502,252 581,836 s.f.) buffer/qualified) Amenities Clubhouse,commercial outdoor kitchen,outdoor fire ring,public art(3), picnic areas(2),fitness course,swimming pool and spa,tot lot, sports courts (pickleball)(2),multi-use pathways(3),bike repair station Physical Features(waterways, The Calkins Lateral runs across the southwest corner of this site and the Givens hazards,flood plain,hillside) Lateral runs along the western boundary of the site. The Williams Northwest gas pipeline crosses the northeast corner of this site. There is significant topography on this site dropping down 23'to the south&west from the lateral &dropping down 14'from the lateral to the north. Neighborhood meeting date 10/12/23 History(previous approvals) ROS#2409(1993);Lots 1-3,Block 1,Basslin Ridge Estates;H-2021-0070 (Burnside Ridge Estates—denied) B. Community Metrics Description Details Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no • TIS(yes/no) Yes • Level of Service(LOS) Functional PM Peak Hour PM Peak Roadway Frontage Classification Traffic Count Hour Level of Service Linder Road Better than Between Overland None Minor Arterial 268 „E" Road&Victory Road Linder Road-South of 1,322-feet Minor Arterial 274 Better than Victory Road "E" Acceptable level of service for a two-lane minor arterial is"E"(575 VPH). • Existing Conditions Linder Rd.is improved with 2-travel lanes,24' of pavement&no curb, gutter or sidewalk abutting the site.There is 64'of ROW for Linder Rd.—40' from centerline.Victory Rd.is improved with 2-travel lanes,22' of pavement&no curb,gutter or sidewalk abutting the site.There is 55' of ROW for Victory Rd.—25' from centerline. • CIP/IFYWP Capital Improvements Plan(CIP)f Integrated Five Year Work Plan(IFYWP): • Victory Road is scheduled in the IFYWP to be widened to 3-lanes from Linder Road to Meridian Road with the design year in 2026 and the construction date has not been determined. • Ten Mile Road is scheduled in the IFYWP to be widened to 5-lanes from Victory Road to Overland Road and includes Bridge#1181 over the Calkins Lateral and is currently under construction. • The intersection of Ten Mile Road and Victory Road is scheduled in the IFYWP to be reconstructed as a multi-lane roundabout and is currently under construction. • The intersection of Overland Road and Linder Road is scheduled in the IFYWP to be widened to 5-lanes on the north leg,5-lanes on the south,6-lanes on the east,and 6-lanes on the west leg as part of the Linder Road widening project from Overland Road to Franklin Road. The design year is scheduled for 2022 and the construction date has not been determined. • Victory Road is listed in the CIP to be widened to 3-lanes from Ten Mile Road to Linder Road between 2036 and 2040. • Linder Road is listed in the CIP to be widened to 3-lanes from Victory Road to Amity Road between 2036 and 2040. • Linder Road is listed in the CIP to be widened to 3-lanes from Victory Road to Overland Road between 2036 and 2040. • The intersection of Victory Road and Linder Road is listed in the CIP to be reconstructed as a single lane roundabout between 2036 and 2040. • The intersection of Amity Road/SH-69 is listed in the CIP to be widened to 6-lanes on the north leg,6-lanes on the south,7-lanes on the east,and 7-lanes on the west leg and signalized between 2031 and 2035. Access(Arterial/Collectors/State One(1)access is proposed via W.Victory Rd.,a minor arterial street;and Hwy/Local)(Existing and Proposed) two(2)accesses are proposed via S.Linder Rd.,a residential arterial street. Internal local streets are proposed. Proposed Road Improvements The Applicant is required to dedicate additional ROW to total 50' from centerline of Linder Rd.plus a 3' gravel shoulder&the construction of a 5'wide detached sidewalk.Additional ROW totaling 39' from centerline of Victory Rd.is required to be dedicated for improvement of Victor Rd. with 17' of pavement from centerline plus 3'wide gravel shoulder and the construction of 5'wide detached sidewalk.A westbound left-turn lane is required to be constructed on Victory Rd. Fire Service • Distance to Fire Station 1.4 miles from Station 6 • Fire Response Time Project falls in an area where the FD doesn't have total response times that meet NFPA 1710 standards or current City adopted standards. • Resource Reliability 84%from Station#6—does meet the targeted goal of 80%or greater. • Risk Identification 2(current resources would not be adequate to supply service to this project) • Accessibility Meets all requirements • Special/resource needs Will require an aerial device;can meet this need • Water Supply — 1,000 gallons/minute for one hour • Other Resources Police Service No comments received West Ada School District No comments received Wastewater • Distance to Sewer Services Available at site • Sewer Shed • Estimated Project Sewer ERU's See application • WRRF Declining Balance • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns Flow is committed. See Public Works Site Specific Conditions Water • Distance to Services Water 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 See Public Works Site Specific Conditions in Section IXB of this report. C. Project Maps Future Land Use Map Aerial Map Legend g Leend IffII Pro�ee= Lxa=o� ensity II Project Laco�ior Y.d i I I I I Hignluensrty� Residentia) ium Density ' � t Residential - MLI-.N r �[ }k r Zoning Map Planned Development Map Legend x Tl'1` Legend R- ff 0ProjeaJ Lac❑=or. let Projeat Laeaiar --- R +_i CityLin-L& — PiannL-d Paroe-t R1 ].!%/ -11 — —V R R i RUT R-4 R- RLI R1 R-� - III. APPLICANT INFORMATION A. Applicant: Nicolette Womack, Kimley-Horn—950 W. Bannock St., Ste. 1100,Boise,ID 83702 B. Owners: Linder Holdings— 1681 S.Kimball Way,Boise, ID 83709 C. Representative: Hethe Clark, Clark Wardle—251 E. Front St., Ste. 310,Boise,ID 83701 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 3/19/2024 4/21/2024 Radius notification mailed to property owners within 300 feet 3/15/2024 4/19/2024 Public hearing notice sign posted 3/21/2024 4/18/2024 on site Nextdoor posting 3/19/2024 4/19/2024 V. COMPREHENSIVE PLAN ANALYSIS FUTURE LAND USE: Approximately 41.2-acres of the eastern portion of this property is designated Low Density Residential(LDR)and approximately 80-acres of the western portion is designated Medium Density Residential(MDR)on the Future Land Use Map (FLUM)contained in the Comprehensive Plan (see map above in Section II.C). The LDR designation allows for the development of single-family homes on large and 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 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. The MDR designation allows for dwelling units at gross densities of 3 to 8 dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. TRANSPORTATION: ACHD's Master Street Map(MSM)depicts north/south and east/west segments of the Roadway to Bikeway Master Plan along the west and south boundaries of the site. The section of W. Victory Rd.between Linder and Meridian Roads is within the corridor improvement project,which includes widening of Victory to 3-lanes and constructing enhanced pedestrian and bike facilities on both sides of the roadway as per the adopted Bike Master Plan and the 2020 Capital Improvement Plan(CIP). The long-range transit plan Valley Connect 2.0 has a route extending along Linder Rd.planned in the Growth Scenario(pg. 49). Therefore,Valley Regional Transit(VRT) requests a standard bus stop (size small)with a concrete pad 10' x 10' is provided along N.Linder Rd.just south of E.Pivot Dr.The purpose of the pad is to provide an ADA compliance boarding/alighting area. The pad will allow VRT to schedule a stop there as part of future route planning and place signage and a bench onsite(see comments in Section IX.I below for more information). This project lies within the South Meridian Transportation Plan. The Plan recommends that Linder Rd. is constructed as a 5-lane minor arterial roadway and this segment of Victory Rd. is constructed as a 3-lane minor arterial roadway. The Plan also recommends the construction of a multi-lane roundabout at the Victory Rd. and Linder Rd. intersection. A Traffic Impact Study(TIS)was completed for this development in 2021 which estimates 2,513 vehicle trips per day; 255 vehicle trips per hour in the PM peak hour. PROPOSED DEVELOPMENT: The subject property is proposed to develop with 263 single-family detached homes at a gross overall density of 2.62 units/acre,not including the holding area at the southwest corner of the site.A gross overall density of 2.5 units/acre is proposed with the holding area included. The LDR designated area has a gross density of 2.81 units per acre,which is consistent with the density desired in LDR designated areas. The MDR designated area without the holding area has a gross density of 1.78 units per acre and 2.27 units/acre with the holding area lots depicted on the concept plan,which is below the density desired in MDR designated areas. Per the Comprehensive Plan, "Future land use designations are not parcel specific. An adjacent abutting designation when appropriate and approved as part of a public hearing with a land development application, may be used.A designation may not be used however, across planned or existing collector or arterial roadways,must not be used on a parcel not directly abutting the designation,and may not apply to more than 50%of the land being developed. All other changes to designations must be approved through a Comprehensive Plan Map Amendment." Accordingly,the Applicant proposes to apply the abutting LDR FLUM designation to the west to a portion of the MDR designated area that lies west of the collector street(S.Farmyard Ave.) and the LDR designation on the eastern portion of the site to the portion of the MDR designated area that lies east of the collector street(see exhibit below). The proposed use of the abutting LDR designations does not apply to more than 50%of the land being developed.With this change,the total expanded LDR area, including the holding area, consists of 48.53-acres with a gross density of 2.40 units/acre,which is consistent with the density desired of 3 or fewer units/acre. The remaining MDR designated area on the northern portion of the site consists of 31.47-acres with a gross density of 2.64 units/acre,which when rounded up as allowed, complies with the minimum density of three(3)units/acre. Staff is supportive of the Applicant's proposal for decreased density in the areas proposed as it allows for larger lots along the west boundary of the subdivision adjacent to large rural/agricultural lots and provides a good transition in density. �I�__L1 _LJ MDR 31.47ac 83 lots T --f T-1TF17- -- -- '2.64 dulac I ' L l- —1 1 IL `U - No holding area lots LDR area west of Farmyard Ave is 26.07ac,which is less Z�/ than 50%of total area west of I Farmyard Ave s- 7 LF L] LDR - -91.83ac `�� ✓ _----� -7 T1180lots wlo holding area-1.96 dulac wlo holding area �J I y - II 11 ✓✓ �, \ 'Y I I -220 lots wl holding area �� / \✓ l -- -I , I—� -2.40 dulac wl holding area I, Holding Area � I I - a I -- - --� -- - - _7 7 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) Only one (1) housing type, single-family detached dwellings, is proposed within this development. Including a variety of housing types would increase the density of the development and a lower density is desired by the Applicant and adjacent neighbors. • "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 to the site, except for the holding area (water is available but sewer is not), 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 with larger lot sizes on the western periphery abutting large rural parcels designated LDR provides a transition of 2-2.5:1, which should be compatible with adjacent uses. The 0.25+/-acre lots proposed adjacent to the Wood, Sandquist and Coleman properties, although smaller, also provide a transition to larger rural parcels to the north (i.e. 5-6:1). The Commission and Council should rely on testimony from these neighbors to determine if enough transition is being provided. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed residential uses and site layout should minimize conflicts and maximize use of land. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A) The proposed development will connect to City water and sewer systems with development of the subdivision;services are required to be provided to and though this development in accord with current City plans. • "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.01D) Sidewalks are proposed along all public streets within the development, which will provide pedestrian connectivity to adjacent subdivisions. No pedestrian connections exist to this property from adjacent rural residential properties. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks are required to be provided with development of the subdivision. The holding area will be re-subdivided in the future as sewer service is not able to be provided at this time. • "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 septic systems for the existing homes should be removed; wells may be utilized for irrigation purposes. The property owner(Colleen Kelly) at 3801 S. Linder Rd. requests Council approval to retain use of the existing well and septic system until such time as the home is removed with Phase 4 of the development. • "Reduce the number of existing access points onto arterial streets by using methods such as cross- access agreements, access management, and frontage/backage roads,and promoting local and collector street connectivity."(6.01.02B) There are currently five (5) existing driveways via Linder Rd. and four(4) existing driveways via Victory Rd., which will be closed upon development of the property, which will reduce access points to the arterial roadways. North/south and east/west collector streets are proposed with this subdivision, which will provide future vehicular connectivity to the south and to the west. VI. STAFF ANALYSIS A. ANNEXATION(AZ) The Applicant proposes to annex 123.28 acres of land with R-2(11.91 acres),R-4(89.55 acres)and R-8 (21.82 acres)zoning districts. The proposed density of the development is consistent with the corresponding FLUM designations of LDR and MDR as discussed above in Section V. A legal description and exhibit map for the overall annexation area is included in Section VIII.A along with individual legal descriptions and exhibit maps for individual zones. This property is within the City's Area of City Impact boundary. The R-2 (low-density residential)zoning is proposed along the western property boundary of the subdivision as a transition to the 5-to 10-acre rural residential lots in Stetson Estates subdivision, designated Low Density Residential(LDR) on the FLUM. The R-4(medium low-density residential) zoning is proposed along the southern, eastern and northeastern boundaries of the subdivision adjacent to rural residential/agricultural properties also designated LDR. The R-8 (medium-density residential) zoning is proposed internal to the development where the smallest lots are proposed. A preliminary plat and conceptual building elevations were submitted showing how the property is proposed to be subdivided and developed with 263 single-family residential detached homes and associated common area and public streets (see Section VIII). Single-family detached dwellings are listed as a principal permitted use in the R-2,R-4 and R-8 zoning districts per UDC Table 11-2A-2. The City may require a development agreement(DA)in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure the subject property develops as proposed, Staff recommends a DA is required with the provisions discussed herein and included in Section IX.A. B. PRELIMINARY PLAT(PP): History:In 2021, a previous annexation and preliminary plat application (H-2021-0070)for this property was denied by City Council due to it not being located in an area the City prioritized for near- term growth and the additional burdens it would place on City services, including but not limited to, public safety services, and on local roads. Thus, the annexation was found to not be in the best interest of the City. The previous plat did not include the 2-acre parcel at the northeast corner of the site and lots were proposed in the "holding"area; it also included larger lots adjacent to the Calkins Lateral. Comparatively, the previous plat consisted of a total of 275 building lots; the proposed plat, with the lots shown on the conceptual development plan for the holding area and the additional 2-acre area with 5 building lots, consists of a total of 303 building lots. The proposed preliminary plat consists of 263 building lots,33 32 common lots and one(1) other lot, which is a holding area for future re-subdivision, on 121.31 acres of land in the R-2, R-4 and R-8 zoning districts. A conceptual development plan was submitted for the holding area, included in Section VIII.F below,that depicts 40 building lots on 21.05-acres of land at a gross density of 1.90 units/acre in the R-2 and R-4 zoning districts. Future re-subdivision of the holding area(i.e.Lot 11,Block 7) should generally comply with the layout shown on the conceptual plan. The holding area should be re- subdivided prior to issuance of any building permits for that lot.Note: The holding area is not currently serviceable by City sewer and won't be for quite some time until the temporary lift station on Ten Mile and the 15"trunk line to the lift station is constructed. The minimum lot size in the R-2 zoned area is 18,993 square feet(s.f.) (or 0.44-acre)with an average lot size of 22,168 s.f. (or 0.5-acre). The minimum lot size in the R-4 zoned area is 8,003 s.f. (or 0.18-acre) with an average lot size of 11,023 s.f. (or 0.25-acre). The minimum lot size in the R-8 zoned area is 5,508 s.f. (or 0.12-acre)with an average lot size of 7,628 s.f. (or 0.17-acre). Phasing Plan: The subdivision is proposed to develop in four(4)phases per the phasing plan in Section VIII.B. These phases are proposed to be final platted by 2025 and built-out by 2030. The first phase includes the northern portion of the collector street via W. Victory Rd. and a local street access via S. Linder Rd. and is located on the northeast portion of the site. This phase is proposed to include all of the street buffer improvements,including sidewalk, along Victory and Linder Roads. The second phase is located on the northwest portion of the site and includes the southern portion of the collector street. The third phase is located along the southeast portion of the site. The fourth phase is the Kelly property and is located along the east side of the development between phases 1 and 3 and fronts on Linder Rd. Staff recommends the phasing plan is revised prior to the City Council hearing to include the holding area lot (i.e. Lot 11,Block 7)in Phase 3.A revised phasing plan was submitted as requested. Existing Structures/Site Improvements: There are five(5)existing homes and accessory structures on the property, four(4) of which will be removed prior to development of the phase in which they are located. The Jackson home at 3605 S.Linder Rd.is proposed to remain on Lot 9,Block 6 and is required to disconnect from their septic system and well and connect to City water and sewer service within 60 days of it becoming available; the well may be used for irrigation purposes. The address will also be required to change and access should be taken internally from within the development and the existing driveway via Linder Rd. removed. The property owner(Colleen Kelly)at 3801 S.Linder Rd. requests Council approval to remain on well and septic until her property re-develops with Phase 4 as utilities will not be accessible until at a minimum Phase 3.Retention of the existing access via Linder Rd.is also requested until such time as the property redevelops. The property owner is amenable to installation of the Linder Rd. street frontage/buffer improvements,including the sidewalk, on her property with Phase 1. Because the home is allowed to remain on the site until the(final plat)phase in which it's located is signed by the City Engineer, at which time the home is required to be removed, Staff is amenable to this request and proposes a DA provision to that effect. Inclusion of this parcel within the development will ensure consistent streetscape improvements along Linder Rd. and prevent an outparcel within the project.Approval of the allowances requested by the property owner will ensure she can retain a similar lifestyle until such time as the property redevelops. Dimensional Standards (UDC 11-2): The proposed plat and future development is subject to the dimensional standards listed in UDC Tables I1-2A-4 for the R-2 district, 11-2A-5 for the R-4 district and 11-2A-6 for the R-8 district, as applicable. Subdivision Design&Improvement Standards: The proposed subdivision is required to comply with the design and improvement standards listed in UDC 11-6C-3,including those for streets,block face and cul-de-sacs. The following block faces exceed the maximum length allowed in UDC 11-6C-3F: Block 7(south side of S.Red Angus Way),Block I (west side of S.Moline Way),Block 5(north side of E.Pivot Dr.) and Block 10(south side of E. Pivot Dr.). Staff recommends the plat is revised to comply with the maximum block face standards and/or a request for City Council waiver(s)to the standards is submitted prior to the City Council hearing.Note:Block face is measured from the near edge of right-of-way to near edge of right-of-way of streets per UDC 11-6C-3F.5. The Applicant opted not to revise the plat to comply with the block face standards and requests approval of a Council waiver to exceed the maximum block face allowed on all of the block faces with the following justifications: • West block face of Moline Way(1,507') Justification: The west block face of Moline Way includes only 15 single family detached lots, of which 8 are 0.5-acres or larger. A block face of similar length in an R-8 zoned area could include up to 30 single family detached lots. The developer has worked closely with the neighbors (a large lot County subdivision) and those neighbors have specifically requested that this development not include an ACHD stub street to the west, and the ACHD Staff Report did not condition the project to provide one. The project provides a pathway connection within Lot 29 between the Calkins Lateral and Moline Way. • North block face of Pivot Drive(1,281'j Justification: Pivot Drive intersects International Way at a 90d angle—955-ft west of Siphon Avenue, and we believe this is a break in the Pivot Drive block face.Additionally,Lot 5 will front Pivot Drive and Lot 4 will front International Way. • South block face of Pivot Drive(1,340'j Justification: Block 10, Lot 9 is a common lot connecting to Block 10,Lot 24 and ultimately to Drawbar Street. A public roadway connection between Pivot Drive and Drawbar Street is impractical considering the location of the Phase 3 &Phase 4 boundary which coincides with an existing property line. A public street connection does not benefit the Drawbar Street block face since Drawbar Street is significantly shorter Pivot Drive. • South block face of Red Angus WU(1,422') Justification: Block 7 Lot 29 is a common lot with a pathway. There is a considerable grade change beginning at Red Angus as you move further southwest which makes includinga road stub impractical. -- I I I II If I I I iyI l� I I •f.s. \ i i I H -r r III -r. 1 . Council should consider requiring traffic calming measures and/or additional pedestrian connections as provisions for a waiver(s). Access: There are five (5)existing driveways via Linder Rd. and four(4)via Victory Rd.that will be closed with development of the proposed subdivision.A new north/south collector street(S. Farmyard Ave.) is proposed via W. Victory Rd.,a minor arterial street, and a new east/west collector street(E. Holstein Dr.)is proposed via S. Linder Rd., a residential arterial street, along the southern boundary of the property. A letter of cooperation was submitted from the adjacent property owner to the south (Providence Properties,LLQ in regard to construction of the collector street on the shared prope , line between the two properties. Another local street access(E. Pivot Dr.)is proposed via S. Linder Rd.to the north of the collector street. Internal local public streets are proposed for access within the development. Traffic calming is proposed within the development by providing chokers on local streets where micro- path connections are proposed and stamped concrete and bulb-outs at 4-way intersections on the internal collector streets. The ROW for S.Farmyard Ave. should be extended to the site's east property line as required by ACHD for future access to the collector street for the Coleman property located at 1995 W. Victory Rd.With re-subdivision of the holding area,the north/south collector street will extend to the southern boundary and the east/west collector street will extend to the western boundary of the subdivision for future extension. East Guernsey St.,which provides access to Lots 5,6 and 8-9,Block 6 at the northeast corner of the development,is required to comply with ACHD standards and have a turnaround that meets Fire Dept. standards, as follows: 60, 20't TYR, 26' 120'HAMMERHEAD Pathways: All pathways should be constructed in accord with the standards listed in UDC 11-3A-8. The Pathways Master Plan(PMP) depicts segments of the City's 10-foot wide multi-use pathway system along the north side of the Calkins Lateral, along the east side of the north/south collector street(S. Farmyard Ave.) and along the southern boundary of the site along the collector street(E. Holstein Dr.). The pathway and associated landscaping should be located outside of the Boise Project Board of Control's easement for the Calkins Lateral,unless otherwise allowed. A minimum 14-foot wide public use easement is required for all pathways required in the PMP unless they're located within road ROW; such easements should be submitted with the final plat application for the phase in which they're located and be recorded prior to signature on the final plat by the City Engineer. Sidewalks/Parkways(11-3A-17): For public safety, Staff recommends 10-foot wide detached sidewalks are provided along all collector and arterial streets within and abutting the site; parkways should comply with the standards listed in UDC 11-3A-17. The plat and landscape plan, should be revised accordingly. Landscaping: A minimum 25-foot wide street buffer is required along W. Victory Rd. and S. Linder Rd.,both arterial streets,measured from ultimate back of curb location; and 20-foot wide street buffers are required along collector streets (S. Farmyard Ave. &E. Holstein Dr.)per UDC Tables 11-2A-4, 11- 2A-5 and 11-2A-6(a 20' buffer isn't required along the east side of the northern portion of Farmyard where there isn't adequate area for a buffer). Landscaping is required within the street buffers and parkways in accord with the standards listed in UDC 11-3B-7C.3.Where 6-foot wide parkways with Class II trees are proposed,root barriers are required per the standards in UDC 11-3A- 17E.2.the landscape plan should be revised to include a mix of landscaping materials and a calculations table that demonstrates compliance with the standards.All street buffers should be maintained by the property owner or homeowner's association. Landscaping(a mix of trees, shrubs,lawn,and/or other vegetative groundcover)is required along all pathways in accord with the standards listed in UDC 11-3B-12C; revise the landscape plan accordingly. All common open space areas are required to include a minimum of one(1) deciduous shade tree for every 5,000 s.f. of area and include a variety of trees,shrubs,lawn,or other vegetative groundcover in accord with UDC 11-3G-5B.3.The landscape plan should depict landscaping accordingly and include calculations demonstrating compliance with the minimum standards. There are several existing trees on the site that are proposed to be removed that require mitigation in accord with the standards listed in UDC 11-3B-IOC.5.A mitigation plan was submitted, included in Section VIII.C,that depicts compliance with the aforementioned standards.A total of 313 caliper inches of trees are required for mitigation; a total of 314 caliper inches of replacement trees are proposed in accord with UDC standards. Common Open Space(UDC 11-3G-3): Common open space is required to be provided for the development based on the area of each proposed zoning district. The common open space for the holding area on Lot 11,Block 7 will be evaluated with re-subdivision of the lot. Based on 8.27-acres for the R-2 district,which requires 8%; 72.14-acres for the R-4 district,which requires 12%; and 21.82-acres for the R-8 district,which requires 15%, a minimum of 12.59-acres (or 548,420 s.f.) of common open space is required to be provided that complies with the quality standards listed in UDC 11-3G-3A.2 and the qualified open space standards listed in UDC 11-3G-3B. An revised open space exhibit was submitted as shown in Section VIII.D that depicts common open space totaling 41.53 13.36-acres (502,252 581,836 s.f.),which is 4.06 0.77-acres(or 46,,174 33,416 s.f.) belew over the required amount ^a'' inel des areas that don't meet the"^'i_�^^ti_^^^ ^ l^h i UPC; 11 3G 3B.Areas that don't qualify inelude the followiag� Lot 18,Bleek 10, Lot 9,Bleek 11 and Lot 7, Bleek 6 as they don't seem to have been integrated in4e the developmet4 as a priority and appear-to be Board of CoatFol doesn't allow their-easement to be landseaped(only gfavel is allowed within their- easemepA); and eemmen lots fef mier-e paths that are below 20' in width. These areas should be r-emove ftem thequalified open s-paee ealeulations. Parkways along leeal stfeets may be eounted if they fneet the Qualified open space areas consist of open grassy areas of at least 5,000 s.f. in area, the linear open space along the Calkins Lateral easement that includes a 10' wide multi-use pathway and associated landscaping,linear open space areas that are at least 20' and up to 50' in width that have an access at each end and are improved and landscaped in accord with the standards listed in UDC 11-3B, 100%of the landscape buffers along collector streets and 50%of the buffers along arterial streets if they meet the enhanced buffer requirements in UDC 11-3G-3B.3, a community garden and parkways along local residential streets if they meet the standards listed in UDC 11-3G-3B.4. Staff r-eeemmeads the open spaee exhibit is r-&vised prior-to the City Getineil hearing to ineltide ehanges 4ia4 deraeastfeAe eemplianee with the miniffmm ^'ified open e standards.A revised open space exhibit was submitted that meets the minimum standards. Site Amenities(UDC 11-3G-4): Site amenities are required to be provided within the development based on the gross land area of the development as set forth in UDC 11-3G-4. A minimum of one(1) point of site amenity is required for each five(5)acres of gross land area; for projects 40-acres or more in size, multiple amenities are required from the separate categories listed in UDC Table 11-3G-4. Based on 100.26-acres of land, a minimum of 20 site amenity points is required to be provided; qualified site amenities and associated point values are listed in UDC Table 11-3G-4. The site amenities for the holding area on Lot 11,Block 7 will be evaluated with re-subdivision of the lot. The following site amenities with associated point values are proposed: Quality of Life Amenities Clubhouse(9,500+/-s.f.)—6 pts. Commercial outdoor kitchen—2 pts. Outdoor fire ring— 1 pt. Public art—Livestock, grain bin&heritage garden farm equipment sculptures (3)—3 pts. Picnic area on a site 5,000 s.f. or greater in size with tables, shade&benches(2)—4 pts. Fitness course—2 pts. Recreation Activity Area Amenities Swimming pool& spa—4 pts. Tot lot— 1 pt. Sports courts,paved(2)(pickleball)—8 pts. Pedestrian&Bicycle Circulation Amenities Multi-use pathways(1.25+/-mile)— 10 pts. Multi-modal Amenities Bicycle repair station— 1 pt. The proposed amenities should comply with the associated standards listed in UDC 11-3G-4C,D, E and F.Amenities are proposed from the Quality of Life,Recreation Activity Area, Pedestrian& Bicycle Circulation and Multi-modal amenity categories as required; ^*'�^^*^„��" ^.,o,:,�.�^ro^,,:.oa to be provided ftem the Multi modal eateger-y the Appheant should identify what this amenity will be Amenities totaling 44-42 points are proposed,which are more than twice as many as required. Staff recommends as a DA provision that the use of common open space& site amenities is shared throughout the development,including the holding area. Parking: Off-street parking is required to be provided for each home based on the total number of bedrooms per unit as set forth in UDC Table 11-3C-6. Williams Pipeline: The Williams Northwest Gas Pipeline crosses the northeast corner of this site on Lot 9,Block 6 within a 75-foot wide easement as depicted on the preliminary plat. Any development and/or improvements within the easement should comply with the Williams Developer's Handbook. Waterways: The Calkins Lateral crosses the southwest portion of this site within a 60' wide federal easement(30' each side from centerline)—the plat currently depicts a 40' wide easement and should be revised to accurately reflect the width of the easement or approval should be obtained for a reduced easement. The Boise Project Board of Control submitted updated comments that agree to a reduction of the easement from 60' to 40' total(20' each side from centerline of the new pipe to be installed) ifthe lateral is piped as proposed. The Givens Lateral runs along the west boundary of the site; a 7' wide easement exists on this site, which is proposed to run along the rear of adjacent building lots—the lateral itself lies on the abutting property to the west and is piped. Consent should be obtained from the New York Irrigation District (NYID)for the 7'wide easement to be located on adjacent building lots and perimeter fencing to be installed on the property line within the easement; otherwise,the easement should be placed in a minimum 20-foot wide common lot,which could be counted toward the qualified open space requirement if landscaped in accord with the standards in UDC 11-3G-5B. The NYID gave authority to Boise Protect Board of Control(BPBO to administer their easement; the BPBC will not allow anything within the easement and will not allow it to encroach within abutting building lots. All irrigation ditches and laterals crossing this site that aren't being improved as a water amenity or linear open space as defined in UDC 11-1A-1 are required to be piped or otherwise covered as set forth in UDC 11-3A-6B.3,unless otherwise waived by City Council. The Applicant proposes to pipe the Calkins Lateral through the site. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-6C and I1-3A-7, as applicable. The landscape plan depicts privacy fencing adjacent to common open space lots and the perimeter boundary of the site but doesn't include a detail of the fencing type and height. Fencing details should be depicted on the landscape plan submitted with the final plat application(s). Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. City water and sewer service is available to be extended to serve this development,except for the holding area at the southwest corner of the site. Sewer service will not be available to serve the holding area for quite some time until the temporary lift station on Ten Mile and the 15"trunk line to the lift station is constructed. City Council may determine it's not in the best interest of the City to annex this property until such time as the entire property can be developed and serviced by the City with both water and sewer services. The property owner to the south(Providence Properties,LLQ submitted a letter of cooperation to enter into a joint venture agreement for the construction,use and maintenance of the regional lift station to be built in the northwest corner of Tessera Ranch with each developer paving for the lift station based on a pro-rata share of the number of lots contributing to the sewer lift station. The subject property will provide the sewer route through this development to accommodate the pressure line to tie into the Ten Mile lift station. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. Pressurized Irrigation System (UDC 11-3A-1 S): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. Gravity irrigation is provided by Boise Project Board of Control via the Calkins Lateral. A pump station and adequate storage for peak demand will be constructed onsite for pressure irrigation service. 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 Evaluation was submitted with this application. Building Elevations: Conceptual building elevations were submitted for the proposed I-and 2-story single-family detached dwellings and two(2) different barn-style concept elevations were submitted for the clubhouse as shown in Section VIII.E. The architectural style of the homes will be a mix of contemporary forms and modern farmhouse styles. Building materials range from stone to stucco,and board-and-batten siding with natural colors. Home sizes are planned to be 2,200 s.f. or larger, similar to homes in the surrounding developments. Because homes on lots that face collector(S.Farmyard Ave. &E.Holstein Dr.) and arterial(W. Victory Rd. & S.Linder Rd.)will be highly visible,Staff recommends the rear and/or sides of 2- story homes on these lots incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses,step-backs,pop-outs),bays,banding,porches, balconies,material types,or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public streets. A Certificate of Zoning Compliance and Design Review application is required to be submitted for the clubhouse structure to ensure it complies with the design standards in the Architectural Standards Manual and UDC standards. VII. DECISION A. Staff: Staff recommends approval of the proposed annexation with the requirement of a Development Agreement, and preliminary plat per the provisions in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on April 4,2024. At the public hearing,the Commission moved to recommend approval of the subject AZ and PP requests. 1. Summary of Commission public hearing; a. In favor: Hethe Clark, Clark Wardle (Applicant's Representative) b. In opposition:None C. Commenting: Paula Connelly and Darcie Dillie d. Written testimony:None e. Staff presentinggpplication: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony a. Concern pertaining to smaller lots and higher density developing in the future on the holding area lot. 3. Key issue(s)of discussion by Commission: a. Desire for the Applicant to leave the Calkins Lateral open as linear open space and for wildlife; another Commissioner felt it was better to pipe the lateral to reduce evaportation of irrigation water and for efficient. b. Preference for Phase 4 to be included in Phase 3; c. Appreciation of the transition in density_proposed from large rural parcels; d. In favor of the proposed amenities and farm-style theme proposed for the development. 4. Commission change(s)to Staff recommendation: a. Modification to DA provision#A.If to clarify that the holding area on Lot 11,Block 7 shall only be developed when municipal services are available to the site as requested by the Applicant. 5. Outstandingissue(s)ssue(s) for City Council: a. The Applicant requests City Council approval of a waiver to the maximum block face standards in UDC 11-6C-3F for four(4)block faces as noted in the staff report (condition#A.2e). Council may require traffic calming measures and/or additional pedestrian connections as provisions for a waiver. b. The Applicant request City Council amend condition#A.2h to require a 7-foot wide instead of a 20-foot wide common lot for the Givens Lateral easement along the western boundary of the site. C. The Meridian Citv Council heard these items on May 7. and 28,2024. At the public hearing on May 28',the Council moved to approve the protect. 1. Summary of the City Council public hearing: a. In favor: Hethe Clark,Clark Wardle(Applicant's Representative):David Moorehouse b. In opposition: None c. Commenting: Tina Dean: Paula Connelly: Chris Haves: Julie Langlois d. Written testimony: Several letters of testimony were submitted(see public record) e. Staff presenting application: Sonya Allen,Bill Parsons f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. Request for the holding area to be approved with lot sizes consistent with adjacent property sizes&approve the Applicant's request for a 7-foot wide common lot where the Given's Lateral is located- b. In support of the large lot sizes proposed which will accommodate larger home sizes for diversity within the City: C. Request for a barrier to be installed with a"no trespassing"sign at the end of the multi- use pathway at the west boundary of the site: and safety concerns pertainingto poor visibility of the common area where the Calkins Lateral is located near the west boundary of the site where it curves to the west. 3. Key issue(s)of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation: a. Council modified condition#A.2h to only require a 7-foot wide common lot to be provided along the west boundary of the site for the Givens Lateral. b. Council approved the Applicant's request for a waiver to the block face standard for all blocks that exceed the maximum length and required the Applicant to work with ACHD to rovide traffic calming in these areas (condition#A.2el. C. Council included a new condition requiring a barricade to be installed at the end of the multi-use pathway adjacent to the Calkins Lateral at the west boundary of the site with a "No Trespassing"sign(condition VIII. EXHIBITS A. Annexation Legal Description and Exhibit Map V v;s - Z � 0 Z � ODK��O CCK O - N - - Z I I I w�j Y c3 IS 1.ANU5,1.1,e,BNGPLLC 4 Client elmley Horn > 32 $ Oata: February15,2024 q ! Job No:9519 W ANNEXATION PROPERTY DESCRIESCRI PTION A paml of land being Me W 12 NE 114 and a portion of Me BE 1/4 NE 1/4 and a ponbn of the NE 114 NE 1/4 and all of Lots 1,2 and 3 of Basslin Ridge Estates as on file in Book 64 of Plats at Page 6469 in the Office of the Recerder of Me County,Idaho, all located in Section 26,Toianstm 3 North, Range 1 Wes[ Boise Mardian.Ae County Idalm, more paNwlady desaibetl as Mines: BEGINNING at a found Brass Cap marking the NW comer of said NE 1/4, (North 114 comer),foam Mich a found Numinum cap samped'PLS 1766Y marking the NE comer of said NE 114, (Section coma common d Sections 23,24,25 and 26)bears S.W 06'W E.,a distance of 2655.11 to; Thence along the Nodherly boundary of saitl W 12 NE 114,S.89106'3W E..a distance of 1328.23 feet to Me NE mmer of said W la NE 114,(East 1116 comer common to wc[ions 23 and 26); Trance along Me Easterly boundary of said W 17 NE 1/4,S.00.33'3T W.,a distance of 1326.54 feet to a found 5/84nch diameter Iran pin with Il egiale cep marking the Northeast corer of mid Bell Ridge Estates; Thence along the Northerly boundary of said Bastin Rate Estates,S.89-W'36-E.,a distance of 798.19 feat; Then leaving the Nodhedy boundary of said Basslln Ridge Estates, N. W-3]' 1st'E.,a distance of165.10fes; Theme S. 89.03'3V E.,a distance of 52].88 feet m the east boundary of sold NE 114 NE 114; Thence along the seal boundary of sold NE 114 NE 114, 5.00.3T'1T W.,a distance of 164.34 pent to the NE comer of saitl BE 114 NE 1/4,(North 1116 comer common W sections 25 and 26); Thence along the Easterly boundary line of mid BE 1/4 NE 114, S.Og°37 1T W.,a distance of 1 M5.84 fort to Me BE comer of saitl BE 114 NE 1/4,(East 1/4 coma); Thence along me Southerly boundary of said BE 114 NE 114, N.W 1 VW'W.,a distance of 1325.93 feet to Me Southeast coma of sold of said BE 1/4 NE 114. (Center east 1/16 comer); Thence along Me Sculhedy bouMery of Me W 112 NE 1/4,N.89.10'56'W..a distance of 1326.91 feet d a found W8-inh ciameta Iran pin With cap starm ed'PLS 6901"working Me Sombwest comer of said W 12 NE 114,(Center 114 comer); Then along the Westerly boundary of saitl W 1l2 NE 114, N.OW 33'35'E.,a distance of 2655.21 feet to the POINT OF BEGINNING. This parcel contains 123.28 acres more or less 62311MAve.Smeh,Nampa B)83651 •T.(Me)1420115•C.(208)608-25n0•rgey.cle@,rmail.cwa EXHIBIT LOCATED IN THE NE1/4 OF SECTION 26, T. 3 N., R. 1 W., B.M., ADA COUNTY, IDAHO 1lhlie hlo" " 2024 Aueh SLMINebn MepetlC Bev SVWIWwu Bk 58 Pf Bk 91 Pg. 0110-eal 6813-5e1e d810 d�YI— / 3M9'E amn 89°°613bE 13tBb'—. l.._.I— �TOF H1II Gmr. EII1xA�w IJIlM 1 BEGINNING eEalxxl�xc� � i� LEGEND CWatlalea 9dG � 0 rwnah�E ommumml � ® FWaaamaaam�almamm a �m � OO wunaSre Ycnata.lmnpm §_ fi �a ' IS BWPURso F 16519 S89V3'39'E � SMWIVE l ryl NE 111Mfaiv 19 Sbbl�ra y $ B qa4 I $ qa GIN Ccs mvlft q Elg r g NW-1°88'W 13M.B1' ���— 1 pe N39°I I'30'W 13f5.91 � � y� ; VNPL.1R60 i 22 9I"` f dv �a 773 8m 4 Pf of � o s5o sm Imo COMPASS LAND SURVEYING, PLLC JN 519- neotlo 9r w I s93' 62311M Avenue South Nampa, 83651 Fl4:9519-Mn FiWiN102-1S2M4.dq INNu:(2119)C42La15 Fax:(2W)32J-2-2195 'Is co WNO512RV6YW0Fll.0 Client IOmley Hem Date:January 24,20U Job No.:9519 Re:JacRson Fall Estates REZONE Ad! PROPERWIDESCRIPTION P lancet of land BeF9 a wdM 0 Me W 12 NE 114.Seas^ n 26.TvxmMp 3 NOM,R6nq i Wert,Bdaa Made on.Ada Counts Idaho,mans pmOwealydanMM1M as bBnvx: BEGINNING W ablvxl Bra pp mmil l9 BIa NW comae or mid NE 114,(Noel 114 owned).hcm xMeM1 a found Aluminum vep sampM'PLS 17655'ala ln0 Me NE caner N sold NE 114.(Seclbn conlx common N daises 23.24.25 art 26)Ideas S.BY Be 30'E.a dlsVnp of 2B55.71 Net: Theme Man the Mannerly Emmdary Ofand!W 12 NE 1M.S W 06'3W E.,a demands 0116.0 fast Theme leading Feel Maddens twndery,S.W 53'2T W..a all a U,W lea; TM1al S.23°4T 2C E..a Aisne of 1Y.91 Nat Terence S.00.3 35'W..a cake of 70e53 km W the basis Ong as Argent carve and Thence a distance of246.91 fiat along Me am ofsale cam IM,novena a radlas Of203.00 RIK a central angle of 69'41'Ir.Me long chord ON anion hears S.34.17 OT E.,a dkArva Of231.07 fcetA a point an revme wrveb Me dpM1l; Thence along SON ravens give title right,carte rack s Of456.00 heal and a central angle of 01-I&IY, an am ImgM Of9.T1 feet War adwN heading of 506.31'02'E and adwN absence Of9.T1 NM, trends S.22°OS 2T W..a dbWw of 177.00 isle; Throw S.M-41'011'W..a demands of 55.03 his; These S.06°4454'E.a distance Of 254.12 Net W Me beginning as non depart cam ad; Throw a distance Of 1 B1.58 dal along Me am of wM w m OR.Mvby a mdlue a 130.00Is%a caFea mgA Of W 40 W,Me Mn9 cM1ord Of WM1M Imare S.41°53'SP W.,a dlYenw of 171]3 all Thmce S.00°M'3G W.,a desNnce OfB5.31 his; Thalca N.W X 25'W.,a dAAnw of 155.00 Na NOd Wesbdy legendary a said W 12 NE 114, TM16lce ebnp tMArestedy 0cuntluy OfsWd W 12 NE 114,N W33'35'E.a deednce 01794.43 feats Me POIM OF BEGINNING. TWO paroal Ms 8,27 some mane or Nax d g n a t�t4 L� o �4ROF10T Y{ SO 1nth Aw.BwM,Nampa,m83651 -T.(208)442AI15•C.OR)(bell- a�ygeil.wd FXHIBIT LOCATED IN THE W1/2 NE114 OF SECTION26, T. 3 N., R. I W., B.M.,ADA COUNTY, IDAHO 2024 MINT 01' BE(PWN" .7ti 3 -—-—-- 22M24 5 LINETABLE LEGEND LINE# DIRMTION LENGTH �Iaod ont Ll S&OWW E lI&W RundbraIsw�uTEnd 12 sN.MZ?w ".07 Fcundawnwm�pmmiTenI L3 5��VE im9i FoundWinods.imnpin -am—www —1 7—W 13 S 23-41 WW SEW LA SW�E 264LIX sm-mww W31 u NW'N2FW I�W W�TABLE z 3 IWE ZI.V OW311r, 071. a. nzrasag In imw M-Lol lum J8 IE 0 150 3W Ra sa� V=300 clo� COMPASS LAND SURVEYING, PU-C 623 1 Ith Avenw South Nampa, ID 83651 "�N�11501 SEZONE R-2=KMN RIME 02-15,204dwit OffoE.(206)"20115 Fax:�8)3W 21W I C - PA LANDsusvvirttNOPW.0 Clem:Kinney Hom Date:January 24,2024 Job No.: 9519 Re:Jackson Ridge Estatm REZONE R-2 HOLDING AREA PROPERTY DESCRIPTION A parcel of land being a potion of the SW 114 NE 114.located In Section 26,Township 3 North, Range 1 West, Base Meridian,Me County loaho,mare particularly damaged as follows: Cam mend ng at a found Bass Cap madding Sher NW corer of said NE 114. (North I center),from which a found Aluminum cep stemped'PLS 17665'marking the NE comer of said NE 1/4, (Session comer common to Sections 23,24,25 dirt 26)bears S.89006 311 E.,a distance d 2655]1 feet; Thence along the Westerly bmndery dead NE 1/4.S.00033'W-W..a distance of 1794.43 feet to the POINT OF BEGINNING; Thence leaving mid Westerly boundary line, S. 89'25'25"E.,a distance of 155.00 fear; Thence S.0.3T 35"W.,a distance of 76.67 feet; Theme S.89.26'25"E.,a distance of W.00 fast: Thence S.0'3T W'W., a distance of 572.36 fastta the beBinnhhg de curve right; Thence distance of37.10 feet along the am of said curve night, having a mtllus of 200.00 feel,a cannot angle of10037'41',the long chard of which boom$.05052'26"W.,a distance of 37.05 firm; Thence S. 11.11'16"W.,a distance of 112.50 feet W the beginning of a non tangent curve right; Thence a distance of 65.99 feet along fhe am of mid curve fight, hating a mtllus of 250.00 feet,a central angle of 150 W'28',are long chord of which lama S.64048.190 E.,a distance of 65.80 feat W the beginning of a r9mrser curve left; Thence a distance of 139.36 feet along the arc ofsaid curve rigor, having a mtllus of 250.00 fed,a control angle d 31056'21',to long chord ofwhich beam S.73'12'45"E.,a distance of 137.56 fed to the Southerly boundary line of she SEA/4 NE114 ofsaid Borden W; Them along the Southerly BomMery tithe SW 114 NE 114 of said Section 26,N.99' 10'56-W., a distance of 352J2 fact to a found W8 inch Iran Pin wither plastic cap stamped-PLS 6901'marking the Southwest comer of the BW1/4 NE1/4 of said Seaton 26(Center 114 ofmid Section 26); Thence along the Wederiy boundary lim tithe SW1/4 NE114 dsaid Section 26,N. 0'gE9 distance of 8W.78 feat to the POINT OF BEGINNING.This parcel cehtalns 3.fi4 ecrm mcm or lam. 623 NW Ave.South,N=MM 836d1 •T.(208)"MI15-C.(206)606-2510•rgrryae(� EXHIBIT LOCATED IN THE SW I14 NE114 OF SECTION 26,T. 3 N., R. 1 W., B.M., ADA COUNTY, IDAHO 2024 _ ]S SUTME � uwGmr [ra'IDBY awa g BEGWNIW SBB"N•25-E E$E 19.07 s0O.3935'W Mar SN o 16 t® ✓✓ SBB•26%8'E I 30.00 $318:1'=ISO' E wmE rose y 6gm MR M Mj amn 1uN31M BBRNB CWJ9 az 1 BI 80w WV r 9.w BN9 w 3?X �ppp 95Bd 62 =w WB EBw BBYNIfE W.BI :a$ I BON 0.B�N� G d4M alYlY 1iY' smuwE lum N � Pss15)lf,l. F LEGEND 1 e Rundbawsu y1 / 0 mam RuWolum aapmw BI I ® huMBLlNaum GpaNn ® Fauna firelnA ala Ilan pn ZI I 1B -pASg_ 77Y 'iB'W 112m, B4F� 20 ... � 1256' �4YIRC F� E Q B I.omv G'9 cE1MnGm® a� NB �a� lI BK'IBW'E 1.ffiBf .RQ�y�n � UNPWTILa COMPASS LAND SURVEYING, PLLC !N 9519 62311th Avenue South Nampa, ID$3651 File,B518-REIDNEa4MWINGAREF MTOi-262021.aeq 0 :(2118)4E2-0115 Fax:(208)U74106 C �l LAND SORVB1fIN0Iq.1.O r �J Client Kimley Ham Jab No.:9519 Rev.Date: February 16.2024 Re:Jachsan Ridge Estates REZONE R4 HOLDING AREA PROPERf1'DESCRIPDON A parcel of land being a portion ofthe S 1/2 NE 1/4,loceted in Section 26,Township 3 North, Range 1 West, Buse Meridian,Ada County Idaho,mare pa ticulady de k ibetl asfdloes: Commencing n a Mund Brass Cap marking th NW com arofsaid NE 114,(North 114=ne0,tram Mich a found Aluminum cap vamped"PLS 17665'marking the NE comer&Bald NE 114, (Section comer common to Sections 23.24,25 and 26)beers S.89°06'W E.,a distance of 2655.71 feet Thence along the WesMny boundary ofsaid NE 114,S.00"33'35'W_a distance of 1] A3Mn: Thence leaving sold Westeby boundary line, S.89°26'25"E.,a distance u 155.00 fee[ Thence S. W 33'35"W.,a distance u 76.67 feet Theme S. 89"26'25'E.,a distance of 30.00 feet to the POINT OF BEGINNING; Theme continuing S.89'26'25-E.,a deanco of 136.95 feet; Thence distance of 3.01 feet along the arc of said curve right having a radius u 4.50(eat a central angle of 38°21'38',the long chord of which bears N. 71°22'46"E.,a distance of 2.96 Met: Thence a distance of 119.79 Met along the arc of said curve night,having a radius a68.50 feat,a central angle of 100° 12'W',the long chord of which beers S.77'42'08 E.,a distance of 10&10 Met; Thence N.62°23'57"E.,a distance of 10.00 fast; Thence S. 09°26'26"E.,a distance of 112.67 Met; Thence S. BY 35'26"E.,a distance of 100 00 Met; Thence a distance of 79.16 Met along the arc 0Said curve right,saving a radius of 6g4.00 Mn,a central angle of 06"32'08',the long chord of which beers S.03°08'W'W. .a distance of 79.12 Met: Thence S.T '50'01"E.,a distance or 350,91)feet; Thence a distance of 1.82 Mn along Me are of Said curve night,testing a radius of 3.00 Mat a central angle of 34°48'OT",the long chore u which one S.60'25'58"E.,a denote of 1.79 fen; Thence S.43'at'54"E.,a distance of 729.48 feet; 62311th Ave.South,Wai W 83651 •T..(208)"2-0115•C.G(h)60&2510-%ay.cNiftess cm 4'4ppass a195l vav Kvnley-HomA519V5urveyUlsv 'ptimwNev 1212-23 HoNivgArea Rerun R4 Rouvtluydev Pega2af2 Thence S.00-48'2V W.,a distance of 50.00 feel W a pant on Me Southerly bountlery line of the SE114 NE114 of said Section 261 Thence along sad SouMedy bowdary line,N.89' 11'W W..a diaance of 200.69 feet,tothe Center East 1116 Comarof said Section 26; Thence leaving said Center East 1/16 Donner and!along the SONhery Boundary&Me SW1/4 NE 1/4 Msaid Section 26. N.89° 10'56'W.,a distance of 974.20led to the beginning do curve night Thence leaving the Swthedy Boundary of the SW1/4 NE 114 of said Section 26,a distance of 139.36 feelalong the arc of said curve dgnt, having a radius M25D.W feet a central angle of 31° 5621",We long chord of whlM bears N.73°12'4 W.,a distance of 137.56feelrothe beginning of a reverse curve IeM Thence a di stance of 65.99 feet along Me arc of mid verve left, having a radius of 250.00 feat a central angle of 15.OT W.the long chord awMch beers N. 64.48'19-W.,a distance of 0.80 feet; Therm non tangent to mid wive,N. I I. 11' 16"E.,a distance of 112.50 fee to Me beginning of a verve IeM Thancea distance of 37.10 feet along the am of sad wwo left,having a radius Of 200.00 feet,a mineral angle of 10.3T 41',the long MON Of whitln bears N.05°52'2&'E.,a distance Of 37.05 had; Thence N.0'33'35"E.,a distance of 5T2.36 feelto Me POINT OE BEGINNING. This Parml contains 17,41 acres more or less. ItG 73 2��9 � a 6�vE0flP P, ND h(P 62311N Ave.SdvM,Nempe,m83651 •T.(268)442-0115•C.(208)60&2510•rprysls®ipall ! | • ; l , ; , ! ! | §| : ! | | 1 � g � •� � \z . , . _ , , 1 . . , E § � | � ; ; , § ; ; \ ! x § 5 § { / � ) $ < \ / ) / § J ! — IN ® � � ! ®t (( [ ` _ ! , � ! -a. aim ---�- / C uIro 6URv8rBgO euc I Client: Kimley Han Job No.:019 Date:February 16,2024 Re:Jackson Ridge Estates REZONE R-0 PART 2 PROPERTYCESCRIPTION A pa"of land being a portion aMe NE 1/4 aM a portion of Lot 1,2 and 3 of Breslin Ridge Estates as on file in Book 64 of Plats at Page 64fi9 in Me Office of the Recorder of Ada County, Maho,all located in Section 26,Township 3 North,Range 1 West, Boise Meridian,Ada County Mono, more particularly described as fdlows: Commencing at a found Brew Cep marking the NW corner of sack NE 114,(North 1/4 comer),from Much a found Aluminum cap stampetl'PLS 17MY marking the NE comer of said NE 1/4, (Secdon comer common to Sections 23,24,25 and 26)bears S.89°06'38'E.,a distance of 265571 feet; Thenco along the Northerly bounbary of sack NW 1/4 NE 114,S.89°W'38°E..a distance of 1328.23 feet to the NE omner of sack NW 114 NE 114, (East 1/16 comer common to Sectors 23 and 26): Thal along the Easterly boundary of said NW 114 NE 1/4,S.00°33'3)'W,a distance of 1326.54 food to a found 5/8 inch diameter iron pin with illegible cep marking the Northwest corner od said Basslin Ridge EModas; Thence along the Northerly boundary of sack gossip Ridge Estates,S.89°W'36'E.,a distance of 70.00 feet to Me POINT OF BEGINNING; Thennce Continuing along the Northerly boundary of said Bassin Ridge Estates,5.89.08'36'E.. a distance of R8.19 fea6 Trace leaving sack Northerly boundary of sald Basslin Ridge Estates,N.00'37 19°E., e distance of 165.10feat; Thence S.89°W'39'E.,a distance of 527.88 food to a point on the Easterly line athe EW NE1/4 of said Becton 26(Common line to sections 25 and 26); Thence along Ere Easterly bourc ary Ime at sack E 1/2 NE 114,S. 00.3T 1T W_a distance of 1490.18 feet In Me BE maser of said BE 114 NE 114, (East 1/4 comer); Thence along tl�5ou0wrly bounclery of saidSE iH NE 1/4.N.99di1'36°W.,adsbnceof 1125.24 feel; ThenceawingsackS Merlyboundaryline N.00'48'2PE.,adistanceof SO.Weat; Thence N.43°01'W W.,a distance of 3.59 feel; Thence N.46'58'W E.,a distance of 165 W fend; 62311th Ave.South,Nampa,m 83MI •T.(208)442,0115•C.(20M 608-2510•fgaY cls@gmail.crm f4tllassGrvnSvevav K 121fHom-951915urveyWcwnpWwVFw LB32Rettne Ri Bountivy.hc E ThancM1ence S.43°01'S4°E,a distance of 29.90 fee[W roe beginning of a tan0emcurve right; Thence a distance of 5T.T8 feet abng the arc of said curve right,having a radius of IW 00 feel. a central angle of 22004'1d°,the long chord of which beans S. 31°59'4T E..a distance of 5).42 test: Thence N.(IF 02'2W E.,a distance cf W.00 feet; Thence N.6.5°34'IF E.,a distance of 1W.36 feet; Thence N. W'40'01"E.,a distance of 57.42 feet; Thence N. 46°5W OF E.,a distance of 122.00 feet; Thence N.41° 18'40'E.,a distance of 60.29 het; Thence S.89°OT 53'E.,a distance of 23B00 feet; Thence N.OF 52'OT'E.,a distance of 10.00 feet; Thence N.89°OT 5T W.,a distance Of 272.61 feet to the heginning of a tangent curve to the lec Thence a distance of 76.62 feat along the arc of said curve,left, having a radius of 100.00 Net,a central angle of 43054'01',the long chord of Mich hears S.N'55'OF W.,a distance of 74.76 Net; Thence,S.46058'OF w.,a distance of 37.44 feet; Theresa N.43-01'W W.,a distance of 60.49 NH to the beginning of a langent curve W the right; Thence,a distence of 142.21 feat along the arc of said curve right,having a radius of 7WOO feet,a central angle of 10048'53',the long dnmd Of Mich beam N.370 35'59'W.,a distance of 142.00 feet; notice N.32°1 O'04°W.,a distance of 101.09 feet W the 6eglnning of a tangent curve W the gat Therrce a distance of 3.79 feet along the am of said curve left,having a radius of 7WOO feet,a central angle of 00°17'24',the long chord of which beers N.32° 18'46-W.,a distance of 3,79 feet; Thence N. 57°49'5V E.,a distance of 54.42 Net W to beginning of tangent curve W the right; Thence a distance of 74.45 feet along the arc of said curve right,having a radius of 130.00 Net,a cantfal angle of 32'48'53',the long choN of which beam N.74014'23'E.,a distance of 73A4 foot; Thence N.00051'24°E.,a distance of 140.00 test W the POINT OF BEGINNING. a This parcel contains 32.03 acres more or less. 0 t9�z� A ND a 623IINAve.Swth,Nal 0 8301 •T.(208)44241115•C.(20g 60&2510�rgey.cls@)�eil.c® /} �, \ NWZ� . _ _ / ( / p ` I Z I 9 0 � ` I � ) § � § I % I / � ' � ^ § - \/ k ` 04 M § , 2 • E �)/ $ @ / $ £ « ; } - � & §/2 . . . . . . . . . . . . . . . . § \ � ! ! Z } m ) ) mAImmm § § ! + \ ; \ ( ) � , } ) ) ) ) } \ Z2 , l • ; ; ! �) § $ |) ® 5 : ` CO (f 7 -- ,-- /} Iz � \ § C LAND SURVETrNO PLLC ( Client:Kim"Mom Job No.:9519 Date:February 16,2024 Re:Jarineom Ridge Eamme REZONE R4 PROPERWDESCRIPNON A parcel of land being a portion of Me W 112 NE 1/4,See ion 26,Tova ship 3 North, Range 1 West, Boise Meridian,Ada County Idaho,more aartialarly resented as follows: Commending at a found Brass Cap marking Me NW corner of said NE 114,(North 114 corned,from vAkh a found Aluminum cep sramped'PLS 17655'marldng Me NE comer of mid NE 114. (Section comer common to Sections 23.24,25 and 26)more 5.89°O6'W E..a distance of 2655.71 feet; Thence along the Northerly boundary of mid W 12 NE 114, 5,89°OF 30'E.,a distance of 11&02 feet to the POINT OF BEGINNING; Thence continuing along the Northerly boundary of mid W 12 NE 1/4,S.89°06'U'E., a distance of 1212.21 feet to Me NE corner of said W 12 NE 114. (East 1/16 comer common to Sections 23 and 26); Thence along the Eastody boundary of mid W 12 NE 1/4,S.MY 33'3T W.,a distance of 1323.58 feel; Thence leaving said Easterly boundary N.42°06'23-W., a distance of 209.48 feet, Thence N. 53° 16'20'W.,a distance of 50.d3 feet to the beginning of a non-rangent curve right; Thence a distance of M35 beet along the arc of said curve right having a radius of 7%.00 feet,a central angle of 31-25'45',the long cfnord of Mich I m s S.47°26'3T W.,a distance of281.10 feet to a print on a compound curve IeR Thence a distance of 671.95 beet along the arc amid curve left,having a radius of 744.00 feet,a central angle of 51°44'S1',the long clwfd of wTich burrs S.32°17'00'W..a distance of 649.35 feet; lnewe N. 03°SU W'W..a distance of 50.00 feet; Thence N. 8W 26'2F W..a distance of 112.6]feet; Thence,S.62'23'S W.,a distance of 10.00 feet to the beginning of a non-tangent curve eft; Thence a distance of 119.79 beet along Me arc of mid curve left,having a ratios of 68.W feet,a central angle of 1004 1Z W',Me long chard of which bears N.]]°42'03-W.,a distance of 105.10 feet W a porn an a compound curve right; 623 11M Ate.South,Nampa,ID 83651 -T.(20M 442 0115 •C.(208)WB-2510•rgs xb@gmeil.mrn Aimlry-Hm-951919urveyr➢gpip W�ug(ev 3-&22Rawu R-0 BauMeryAac e Thhenncece Th a glean38 m 3.01 feel along the am wham curvy having a radius ofa 501eet a central angle of 38°21'38°, the mn9 choN wwAlch be S. 71ars 9. 71°22'48"W.,a tliamnce w2.96 feet; TAerce N.89°26'25'W..a distance of 166.95 feet Thence N.00°33'35"E..a distance of 161.98 fact to the beginning of a tangent curve dgm Thence a tll4ance w 197.59 feet along the arc wsaid curve right having a redlus of 130.00 fee,a central angle of 82°40'31',the long chard of which bears N.41°53'51"E.,a distance of 17173 feet; Thence N.06°45'54-W.,a distance of 254.12 feet Thence N.23°41'08"E.,a distance of 55.W feat; Thence N.22°05'29'E.,a distance of 177.00 feet to the beginning of a non-[argent curve left; Thence from a[argent which bears N 67°5131"W,along curve to the k8 with a radius of456.00 fact,and having a central angle of 01°191T an am length of 9]1 feet with a chord bearing m N 68°31'OT W, and a chord distance of 9.71 feet to the beginning of a reverse curve rignt; Thence a distance of 246.91 feet along the am m said reverse curve right having a redlus of 203.W fee,a centre[angle m 6g°41'18",the long choM mwhich bears N. 341 17'OS"W.,a distance of 231.97 feat; Thence N. 00°33'35°E.,a distance of 709.53 feet: Thence N.a'43'26°W.,a distance of 158.91 feet Thence N.00°53'22'E., a distance w 64.00 feet to the POINT OF BEGINNING. This parcel contains 40,11 acres more cur less. � NO a e0 g 7732 0 fiD R {!� 62311tb A".8cut6,Nampa,m 83651 •T.(208)UMI15•C.(208)608-2510•rgry.cle®emag.com EXHIBIT LEGEND LOCATED IN THE W12 NE1/4 OF SECTION 26, ° cN011ampmm T. 3 N., R. 1 W., B.M.,ADA COUNTY, IDAHO 0 PONnahmEcymmmrem 2G24 ® Fpunawminum cap nanunNnl Cmsr PoIN W WBEMM'df ® FauM5lBuchaa.Ym qn GINNINNIN G WOME .TEc1I % Lt L13T I G - III/H �pTZp C3 LIWTAXE tl LINEk DIKGoON LEN4711 $ LI swa E li&ar U N42VNRTW Ma" 3 $ Lx N53182yw MEad °$ Av.'.'<]�La=.t 3 u NWTff2rW IB SBAZ]3l'W law 10.ctl $ Lt NW W 1E8OT y 0 NW'b'L'E 16186' % u NOW4 50.12 L10 N2r41WE Dow 8I LIt N=XWE 1747 14= L12 N2r4TWW 15AB1' z L13 NWEM-E UW 4�` G WRWTMuZ c JFK MW DEL@ UN YWF GYA a� J. n i4ID QP2TW ZRR 64r"W MAU Q74M 01'34Mt' MW 3RDpJW WX G1 MW 1WIAT lon NwM w Ita10 9 a 450 aW11W 301 871a w ZW L]• p ® 1 m-ITIZ 1Rx 4 W1 rw lnrx L4 'CI U WW W-41'16' X91 NWIm OI.BT A/ �a 7 3 D '® +� of COMPASS LAND SURVEYING, PLLC JN 9519 62311th Avenue South Nampa, ID 83651 Flle'.951p FE2CNE RJ JACNSON RI WE PART I W-1&%24tlK Mce:(M)4424115 Fax:oNW)M-21G5 V PA SLA14n Sg1R96Y1M0 PLLG r � Client Kimley Non Ogle:January 24,20M Job No.:9519 Re:Jackson Ridge Esates REZONE R-8 PROPERTYOESCRIPRON A petrel ofland teln9 a elegant 0Me BE 114 am a poNm of Lot t,2and 3 al Besalln Ridge Estates as an Me In Book 64 of Plate at Page 6469In the OMw Nis Remainder of Me County,Idaho,all locate]In Section 26,Township 3 Nor01,Range 1 Want,Maine Mundane AM County Idaho,more Partlwbtly tlmcribetl as fGlam'. Commencing at a bunt Braes Cep mankind the NW comer of said BE 114,(NOM 114 camM,from which a bond Aluminum cap stamped°PL81T665'marking the NE water dead NE 114,(6Mlon come common to German 23,24,25 end 26)hears S.SW W'38"E,a Eklanw of 2655.71 Na[ Thence along Me Northerly boundary of mid NW 114 NE 114,5.89-Bar N-E.,a distance of lnS.23 Mat Me NE=Me of said NW 114 NE 114.(Ban 1116 comer common W Became 23 am 26k Thevre along Me Eas%tly boundary n mid NW 11a NE 114,5.00.33 37W,.a detain of 13M,N feet Me POINT OF BEGINNING: Thence mourning along said Em aly Boundary line 5.00.33.3T W.,a diadze of 2 96 feet to a found SIB Inch diameter Iron pin wllh IIbgIMa cap marking me NOMwest corner of sad Bassin Ridge Esphs: Thermal along Me Normally boundary of said Retain Eldes Bounce,S.89°00'35'E,a distance of70.0D rest; Thomas leaving the NOMerly boundary of said Bassin Rage same,S.00.51'24'W.,a Mutation 140.00 feet tothe beginning of norvmngent core IBM Thence an arc length or 74 45 met along the arc of said wrva fen,haying a mdms of 130 g0 fen a central angle of 32.48'0',Me long chord of Much more S.74.14'23•W.,a distance of 73.44 had; Thence 6.5T=4v'S6•W.,a Mainnm ofu.a2 ream the beginning of a non-mngemcure rent Thence an am reroth of 3.79 rent along the arc ormid cove gets,having a all aT50.mfact a central ogle of 00-IT L ,the lon0 chon of Much bran S.3T 18'40•E.,a Metal of 3.79 feet; Thence 5.32.10'04•E.,a distance of 10109 feet A the beginning of a tangent cure min Thence an am length of 142.21 fen along the am Asaid curve right,baring a maws n 750.00 fact,a Annual angle of 10-5VW,Me long chord of Mich Mesa S.3P 35'50 E,a distance W 14ZW feet Thence S.43.01-W E.,a distance of 0849 feet Thence N.4 -58'OB•E..a dlstanw of 37.441ret In Me beginning of %agent cure right Tint an arc length of 70.62 feet along the am of said curve right Marino a radius G t W.00 font,a central arule of43-S4'01',Me long Ginn of Mich beam N.6W 59 W E„a distance Of 7478 rent; Thence 5.8V W'W E.,a distance of 27281 Bush Thence S.00.62'OT W..a distance d Maine fee[ 623111h Avc.S ,Tramps,TO 8301 -T.(MO U2-0115•C.(209)608-25I0•sgeycs@Q l= — croxsax..raswv Rip:2 ofA2 mA519FSurveylOvcnplio�uV(art-A-22Rewnv R<BvuvEery.Evc Favei Thanes N.Be-W'WK.a distance of 2W.00 feel; Thence 5.41.18 40'W..a distance of 60.29 NOO Thence 5.46.58'06-W.,a distance W laft0flet; Theme S.63.40'Ot'W.,a dlslence of 57.42 Not; Therm 5.65.34'19-W.,a Mom non M 156.36 Net; Thence 5.89.02'W'W.,a distance of 30.00 Met SO the beginning of a non-tangent cure left; Thence an arc length 057.78 Net along the am Of said curve left,having a radius of 15000 feet,a central angle Of U-04'W.Na long clad of wbkh gonna N.31.59'47'W.,a distance of 57A2 feat Thence N.Q'01'SP W.,a distance of 29.90 fact; Thence S.48.SET W.,a tlisRnce of 166.00 feet, Thence N.43r Ot'SC W.,a distance of 775,89 feel W Me beginning of a tangent cure left; Thence an arc length of 1.82 Met along die arc of said curve left,having a radius of 3 W bet.a tonal engb of 34.48'Or.the long choN awhich Were N.W25'BW W.,a Mowers of 1 A fem; Thence N.27°SO'01-W.,a distance of MOM Not W Me beginning of a non-tangent cure dgK Thence an arc length of 70.16 Not along the am W add curve right,moving a radius N8BI.00It a central angle of OW V MS%the long met of which Mein N.03'08'SIT E.,a distance of TB 12 Me4 Thence N.83°35'26'W-a distance of 50.00 Met IN Me beginning of a non-tangent cure night: Thence an arc length of 671.95 Met along the are of saitl cone right,having a coffee MT44.00 Net a Minimal angle Of 51-M'SV,the long murd of which beam N.32.12'MY E,a distance Of U9.35 MM to point on a compomMcu"Votheleft; Thence an am length of 28275 Met along the arc of all cum left,having a mfNs of 756SO Not,a central angle of21.25'45',the long crord of which bears N.4T 26'33'E..a distance of 28 1.10 Met Thence S.W-16'2W E..a distance of W 43 NO Thence 6.42.06'23'E.,a dsance of209.48 Metro No POINT OF BEGINNING. 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Qualified Open Space & Site Amenity Exhibit(dated: 1,13 14 4/23/24)—REVISED amzizzi.um 0HV41 'NVIa183H uvrpn IISIHX3 o ! z S U1oH�«�(ajw�l 30VdS N3d0 A21VNIWIlaUd �ol�Nl nax 531tl153 3`�01l1 3015NNf19 ���� �FF �z C 2 � � ry' U0, � V. $ �� =o wsf wig � w w' g a o '"g5 0 0 ou�3 a�6 11sff oN J ------- W021213ONf7S ��� I1 -,� � I --I � I I 0 i � w e� I F I � I W E II B I I k 4|! MRW / \� \ � CL z \ e � - § ■ _ - / E: 12 ! k)k §§ z k) \) ( \ .¥ � (\ e| � / ! \ k § § §|\ k § ' B ° § � & � � � w � P--4 Signs require aseparate permit and are no L approved with this application. Z O � U E--I Q � � � rt ,. ICI III THE FIELD & THE MEADOW Great Lawn I� JACKSON RIDGE Woo atltlng McWng wNM 6ce SaN W Path & rche Sta1a0a115 (iu''� Bin Ranv� ESTATES -� --�� 1 - 1 7 L �A sod ol , THE GARDEN / omam olc nay \ Wk ill & Grain Bar, do Remnant OrchaM \ Wa rig Path & Eae iu StaWas � OPEN SPACE r , � a Glnb wnse di Pool & Spa AMENITIES �r ., \\s � oadaUl Games JI Rckle Ball Cwr6 - - - Comm we PGarEen 11 Fne A R rnr OmhaN THE BARNYARD i u A ESTATES . -Ts lZ � BARNYARDTHE ' s s* y VICTORY ROAD k Lie sm6_ JACKSON RIDGE- ESTATES JAW. _y I�I-o COMMUNITY CHARACTER O r T •y 1 Mp CLUBHOUSE Pool , workout room , meeting area , kitchen , outdoor lounge . ,W a N`. ii t i I ra , i� Type text heril. N coon"- MA n �4��r► e v Ge f i � t n%- t F ' f P . It rr � 4 � , lap id - _ __ r - - -. _ FIE _ - .- IF OF x 241 E. Conceptual Building Elevations (dated: 9/20/21) 7r :1 y ■ � .. 0 one Kimley>>>Horn BURNSIDE RIDGE EXAMPLE BUILDING The architecture style of the project will largely be a mix of contemporary forms and modern farmhouse styles. An elegant and plentiful blend of materials ranging from stone to stucco, and board-and-batten siding materials is planned with stylish natural colors. Home sizes are planned to be 2,200 square feet or larger, similar to the homes in the surrounding developments. Maximum building height will be 35 feet. Representative architecture elevations are shown below. F. Conceptual Development Plan for Holding Area W J 7 G � � ° m // / I / / I / I / I / \55 0 Ise / 5 I r r r y I -r I r I r � z r $I -- -------- ---- - ------ --- W I I I i _ 1 WVdaimuino'so 1 N y I x 2 1 s o x m w l 1 3nvAwotioaw B I I I L I I G I I — _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ I a� E IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption, and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the date of City Council approval of the Findings of Fact, Conclusions of Law and Decision& Order for the annexation request. A final plat application will not be accepted until the property is annexed(i.e. the ordinance and development agreement are recorded). The DA shall,at minimum, incorporate the following provisions IF City Council determines annexation is in the best interest of the City: a. Future development of this site shall generally comply with the development plans, including that for the holding area, submitted with this application, included in Section VIII, and the provisions contained herein. b. Comply with the Williams Developer's Handbook for any development and/or improvements within the Williams pipeline easement. c. The existing home at 3801 S. Linder Rd. (Parcel#R0831430025) shall be allowed to remain on well and septic until such time as the property re-develops with Phase 4 and shall not be required to connect to City water and sewer service. The existing access via S. Linder Rd. is also allowed to be retained until such time as the property re-develops. Prior to the City Engineer's signature on the Phase 4 final plat,the existing home, accessory structures and driveway via S. Linder Rd. shall be removed. d. The existing home at 3605 S. Linder Rd. (Parcel#S1226110575) shall disconnect from the existing well and septic system and connect to City water and sewer service within 60 days of it becoming available as set forth in MCC 9-1-4 and 9-4-8. The well may be used for irrigation purposes. The driveway via S. Linder Rd. shall be removed and access shall be taken internally from within the subdivision. e. A 10-foot wide detached sidewalk/multi-use pathway shall be provided within the required street buffers along all collector and arterial streets within and abutting the site. f. The holding area at the southwest corner of the site, depicted as Lot 11,Block 7 on the preliminary plat, shall be re-subdivided prior to issuance of any building permits for that lot and shall only be developed when municipal water and sewer service are available to the site. g. A standard bus stop(size small)with a concrete pad 10' x 10' shall be provided along N. Linder Rd.just south of E. Pivot Dr. as requested by Valley Regional Transit(VRT). The purpose of the pad is to provide an ADA compliance boarding/alighting area. The pad will allow VRT to schedule a stop there as part of future route planning and place signage and a bench onsite. h. The use of common open space& site amenities shall be shared throughout the development, including the property in the holding area,which is proposed to be re-subdivided in the future. i. The rear and/or sides of 2-story homes on lots that face collector(S. Farmyard Ave. &E. Holstein Dr.)and arterial(W. Victory Rd. & S. Linder Rd.)streets shall incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses, step- backs,pop-outs),bays,banding,porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public streets. Single-story homes are exempt from this requirement. 2. The final plat shall include the following revisions: a. The holding area lot(i.e. Lot 11,Bleek 7) shall be included in the third phase of developme The phasing plan was revised accordingly. b. Extend the right-of-way for S. Farmyard Ave. (the collector street via Victory Rd.)to the site's east property line as required by ACHD. e. Widen the federal easement for the Calkins Lateral to 60 feet(30 feet eaeh side ffem ee1#e4k* pef Boise Pr-ejeet Beafd of Cefitr-el's let4er-,tinless a lesser-width is allowed.If a k-ss-ei-wid-th is. A lesser width of 40-feet(20'each side of the center of the new pipe to be installed) is allowed as currentlx depicted. d. The eemmen let(s) eei4aiaiag the Calkins Wer-al shall be widened to aeeemmedate a 10 fee wide multi use pathway with 5 feet wide landseape strips on eaeh side of the patl+way outside o the Calk4as la4er-al easement,tWess the easement holder-will allow these impr-ovements within. their-ease en . The plat was revised to include a 60,foot wide common lot, which will accommodate a 40-foot wide easement for the Calkins Lateral, as allowed by the Irrigation District, and a 20-foot wide common area outside the easement with a 10-foot wide multi-use pathway and 5-foot wide landscape strips on both sides of the pathway. e. The following blocks exceed the maximum block face length allowed in UDC 11-6C-3F: Block 7 (south side of S. Red Angus Way), Block 1 (west side of S. Moline Way), Block 5 (north side of E. Pivot Dr.) and Block 10 (south side of E. Pivot Dr.). The plat shali be rev&ed to eempb; City C-ouned waiver(s) to the standarA shall be submitted-.A wouest for CQ& to the bloek Mee standar&is mouested for ag of the aforementioned bloek . Council approved the Applicant's request for a waiver to the block face standard for all blocks that exceed the maximum length with the provision that the Applicant work with ACHD to provide traffic calminz measures in these areas in the form of bulb-outs, chokers, stamped concrete, etc. f. Depict a vehicle turnaround at the east end of Guernsey St. that meets Fire Dept. standards. Obtain approval from ACHD for the proposed street section. g. Depict 10-foot wide detached sidewalks/pathways along both sides of all collector streets (i.e. S. Farmyard Ave. and E. Holstein Dr.)and along the arterial streets(i.e. W.Victory Rd. and S. Linder Rd.)within and abutting the site. All pathways shall comply with the standards listed in UDC 11-3A-8; all parkways shall comply with the standards listed in UDC 11-3A-17. h. Obtain consent from the New York Irrigation District for the 7-foot wide easement for the Givens Lateral to be located along the rear of adjacent building lots along the west boundary of the site and for perimeter fencing to be installed on the property line within the easement.If !a-adseaped in aeeer-d with the standards listed in UDC 11 3G--5B-.A letter was received from the Boise Proiect Board of Control, who administers the easement, stating then will not allow anything within their easement(i.e. including fence). Therefore, the 7-foot wide easement shall be placed in a 7-foot wide common lot. i. , t44 eemplies with the"ality standards listed in UDC 11 3G 34.2 a-Rd the"alified open spaee ems.An updated common open space exhibit shall be was submitted that demonstrates compliance with and exceeds the minimum standards p4ep to the 00,Geun it hear: ,., included in Section VIII.D. j. Depict root barriers where 6-foot wide parkways with Class II trees are proposed along collector and/or arterial streets per the standards listed in UDC 11-3A-17E.2.All parkways along local streets shall be 8-feet wide in order to qualify toward the minimum open space standards. 3. The landscape plan submitted with the final plat shall include the following revisions: a. Include all revisions to the plat noted above in#A.2, as applicable. b. No landscaping other than gravel is allowed within the Calkin's Lateral easement unless otherwise approved by the Boise Project Board of Control.If landscaping is allowed, written confirmation of such is required to be submitted to the Planning Division. c. Depict the future curb location as anticipated by ACHD along W. Victory Rd. and S. Linder Rd.; depict a minimum 25-foot wide street buffer,measured from the ultimate curb location, along both streets. d. Depict landscaping with a mix of materials within the required street buffers along all collector and arterial streets,in accord with the standards listed in UDC 11-3B-7C.3; include calculations that demonstrate compliance. These buffers shall include enhanced landscaping as set forth in 11-3B-7C.3f with enhanced amenities with social interaction characteristics and enhanced context with the surroundings in accord with the standards listed in UDC H-3G-3B.3. e. Depict landscaping with a mix of materials along each side of all pathways, in accord with the standards listed in UDC 11-3B-12C; include calculations that demonstrate compliance. f. Include a fencing plan with details of the proposed fencing that demonstrate compliance with the standards listed in UDC 11-3A-6C and 11-3A-7. g. Tlepiet.,t least e e(1) site., ,-4y f-..m the,,,,,lt; ffie 1.,1 eateger-Y(see UPC T„l.l., 11 3G 4 f A bike repair station is proposed from the multi-modal category. h. Include a detail for the picnic areas, children's play structure(i.e. tot lot),public art, fitness course, sports courts, outdoor fire ring, commercial outdoor kitchen and muki modal amenity bike repair station that demonstrates compliance with the standards listed in UDC 11-3G-4C, D, E and F. i. All common open space areas are required to include a minimum of one(1) deciduous shade tree for every 5,000 s.f. of area and include a variety of trees, shrubs, lawn, or other vegetative groundcover in accord with UDC H-3G-5B.3. The landscape plan shall depict landscaping accordingly and include calculations demonstrating compliance with the minimum standards. Depict a barricade at the end of the multi-use pathway adjacent to the Calkins Lateral at the west boundary of the site with a"No Trespassing" sign. 4. All irrigation ditches,laterals, sloughs or canals, including the Calkins Lateral, crossing this site shall be piped or otherwise covered as set forth in UDC 11-3A-6B.3. 5. All existing structures that don't comply with the dimensional standards of the applicable district shall be removed from the site prior to submittal of the final plat for City Engineer signature on the phase in which they are located. 6. Comply with the subdivision design and improvement standards listed in UDC 11-6C-3. 7. Comply with the Williams Developer's Handbook for any development and/or improvements within the Williams pipeline easement. 8. A Certificate of Zoning Compliance and Design Review application is required to be submitted for the clubhouse site and structure to ensure it complies with the design standards in the Architectural Standards Manual and UDC standards. 9. A minimum 14-foot wide public use easement(s) shall be submitted for all pathways required in the Pathways Master Plan,which are located outside of the public right-of-way. Such easement(s) shall be submitted with the final plat application for the phase in which it's/they're located and be recorded prior to signature on the final plat by the City Engineer. See Park's Dept. comments below in Section IX.G for location of these pathways and associated easements. 10. 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. B. PUBLIC WORKS https://weblink.meridiancity.orglWebLink/Doc View.aspx?id=337944&dbid=0&repo=MeridianCity C. FIRE DEPARTMENT https://weblink.meridianciU.oLgzl ebLinkIDocView.aspx?id=337945&dbid=0&repo=Meridianciu D. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridianciU.orglWebLinkIDocView.aspx?id=340779&dbid=0&repo=MeridianCiU E. ADA COUNTY DEVELOPMENT SERVICES(ACDS) No comments received. F. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=340163&dbid=0&repo=MeridianCity&cr =1 G. PARK'S DEPARTMENT https://weblink.meridianciU.org/WebLink/Doc View.aspx?id=342211&dbid=0&repo=MeridianCity H. BOISE PROJECT BOARD OF CONTROL hggs://weblink.meridiancity.or_lWebLink/DocView.aspx?id=341064&dbid=0&repo=Meridian City Calkins Lateral easement(updated comments): https://weblink.m eridia n c i ty.org/WebLink/Doc View.aspx?id=342492&dbid=0&repo=Meridian City Givens Lateral easement: https://weblink.meridianciU.org/WebLink/Doc View.aspx?id=342665&dbid=0&repo=MeridianCitX I. VALLEY REGIONAL TRANSIT https://weblink.meridiancit .00rg/WebLink/Doc View.aspx?id=340635&dbid=0&repo=Meridian City J. WEST ADA SCHOOL DISTRICT(WASD) https:llweblink.meridiancity.ory WWebLinkIDocView.aspx?id=343177&dbid=0&repo=MeridianCity K. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridianciN.org/WebLinkIDocView.aspx?id=340686&dbid=0&repo=MeridianCiU Staff report for H-2021-0070: Itgps:llweblink.m eridia n c i ty.org/WeUink/DocView.aspx?id=263214&dbid=0&rep o=Meridia n City X. 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 annex the subject property with R-2, R-4 and R-8 zoning districts and develop the site with single-family detached dwellings 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-2, R-4 and R-8 zoning districts and single-family development generally complies with the purpose statement of the residential districts in that it will contribute to the range of housing opportunities available in the City consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; The City Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed residential uses should be compatible with adjacent existing and future single-family residential homesluses 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. Comments were received from WASD on this application and are included in Section IX.J above. 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation is in the best interest of the city. B. Preliminary Plat(UDC 11-613-6) In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the decision- making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord.08-1372,7-8-2008,eff. 7-8-2008) The City Council finds the proposed plat generally conforms with the Comprehensive Plan and will be in conformance with the UDC if the Applicant complies with the conditions of approval in Section IX above. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds public services can be made available to the majority of the subject property and will be adequate to accommodate the proposed development. Sewer service cannot be provided to the holding area at the southwest corner of the site at this time or in the near future. 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 public 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. 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. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Development Agreement (Taylor Annexation H-2023-0062) Between City of Meridian and Robert Taylor for Property Located at 3840 E. Overland Rd. ADA COUNTY RECORDER Trent Tripple 2024-063344 BOISE IDAHO Pgs=25 BONNIE OBERBILLIG 11/07/2024 08:04 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Robert Taylors Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this / 6thday of November ,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 Robert Taylor, whose address is 3840 E. Overland Road, Meridian, ID, 83642, hereinafter called OWNER/DEVELOPER. l. Se 1.1 WHEREAS, Owner is the sole owner, in lawand/or equity,of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A," which is attached hereto and by this reference incorporated herein as if set forth in full, Herein after referred to as the Property; and 1.2 WHERE,AS, Idaho Code § 67-651 IA provides that cities may, by ordinance, require or permit as a condition of zoning that the Ownerand/or Developer make a written commitment concerning the use or development of the subject Property; d 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5 -3 of the Unified Development Code("UDC"),which authorizes development agreements upon the annexationand/or rezoning of land, and 1.4 WHEREAS, O er eveloper have submitted an application for annexation d zoning of 1.01 acres of land with a request for the - (Low-Density Residential)zoning district on the property as shown in Exhibit"A"under the Unified Development Code, which generally describes how the Property will be developed and what improvements will bemade; and 1.5 WHEREAS, Owner/Developer ade representations at the public hearings before Planning d Zoning Commission and the Meridian City Council as to how the Property will be developed and what improvements will bemade; and . 1.6 V4WREAS,the record of the proceedings for requested rezoning held before Planning and Zoning o ission and 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 V41EREAS,on the 7 h day of May,2024,the Meridian City Council approved certain Findings of Pact and Conclusions of Law and Decision and Order ("Findings"),which have been incorporated into this Agreement and attached as Exhibit" "; and DEVELOPMENT AGREEMENT--`rAYLOR ANNEXATION( -2023-0062) PAGE 1 Or 7 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deem 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 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that 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 designation is in accordance with the amended Comprehensive Plan of the City of Meridian on December 193 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. 3.2 OWNER/DEVELOPER:means and refers to Robert Taylor,whose address is 3840 E. Overland Road, Meridian, Idaho, 83642, hereinafter called OWNER/DEVELOPER, 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(s)of Property located in the County of Ada, City of Meridian as in Exhibit "A" describing a parcel to bound by this Development Agreement and 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 under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. DEVELOPMENT AGREEMENT-TAYLOR ANNEXATION(H-2023-0062) PAGE 2 OF 7 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Prior to any change in use or redevelopment of the subject property,a rezone to a commercial and/or a higher density residential zoning district and a modification to this agreement shall be requested to include a conceptual development plan consistent with the Mix-Use Regional Future Land Use Map(FLUM)designation and guidelines in the Comprehensive Plan. b. Future development of this site shall be consistent with the applicable standards in the City of Meridian's Unified Development Code. c. As a result of the nonconformity to the existing home due to the off-street parking requirements in UDC 11-3C-6, the Owner/Developer is required to apply for a Conditional Use Permit for any future expansions on the property or attain compliance by constructing a new two-car garage. d. The Owner/Developer shall submit a dedicated easement for the future pathway along the north side of the Fivemile Creek for the length of the property to the City. Easements shall be a minimum of 14' wide (10' wide pathway + 2' shoulder on each side) 6. APPROVAL PERIOD: If this Agreement has not been fully executed within six(6) months after the date of the Findings,the City may,at its sole discretion, declare the Agreement 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/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. 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 action 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 section 67-651IA, have the right, but not DEVELOPMENT AGREEMENT-TAYLOR ANNEXATION(H-2023-0062) PAGE 3 OF 7 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 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 approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances 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, prior to the third reading of the Meridian Zoning Ordinance in connection with the rezoning of the Property by the City Council.If for any reason after such recordation,the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 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 agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which 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. DEVELOPMENT AGREEMENT-TAYLOR ANNEXATION(H-2023-0062) PAGE 4 OF 7 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree 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: Robert Taylor 3 840 E. Overland Rd. Meridian, ID 83642 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 owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees,upon written request of Owner and/or Developer,to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner and/or Developer have fully performed their 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. DEVELOPMENT AGREEMENT-TAYLOR ANNEXATION(H-2023-0062) PAGE 5 OF 7 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent,approval,or taking any other action under this Agreement. 20. 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. 21. 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. 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 rezoning of the subject 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-TAYLOR ANNEXATION(H-2023-0062) PAGE 6 OF 7 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: Robert Taylor STATE OF IDAHO ) ss: County of Ada ) On this 4 day of Odobkf,2024,before me,the undersigned,a Notary Public in and for said State, personally appeared Robert Taylor,known or identified to me to be the person who signed above 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. C C J�C��II 11 SF-4� ZENSKI Notary Public E r�PubtfV State of Idaho ission Number 20211516 My Commission Expires: r ission Expires Mar 26, 2027 CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 11-6-2024 Chris Johnson, City Clerk11-6-2024 STATE OF IDAHO ) ss County of Ada ) On this 6th day of November 2024, before me, a Notary Public, personally appeared Robert E. Sim ison 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. (SEAL) Notary Public for Idaho 3-28-2028 My Commission Expires: DEVELOPMENT AGREEMENT—TAYLOR ANNEXATION(H-2023-0062) PAGE 7 OF 7 EXHIBIT A GENTURIO 1' CENTURION ENGINEERS, INC. Consulting Engineers, Land Surveyors, Planners 2323 S. Vista Ave Ste 206 Boise, ID 83705 Telephone 208.343.3381 1 www.centengr.com 4VCINEE'�� Annexation & Zone Land Description For: Robert Taylor December 27, 2023 Lot 3, Block 2 of Jewell Subdivision as shown in Book 34 of Plats at Pages 2056 &2057 records, Ada County, Idaho and adjoining right-of-way. Situate in the Southeast Quarter of the Southwest Quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho being more particularly described as follows: Commencing at the south quarter corner of said Section 16; thence S89059'45"W, 483.11 feet along the southerly boundary of the southwest quarter of said Section 16 to the Point of Beginning; Thence N00°00'00"E, 439.85 feet along the easterly boundary of said Lot 3 (as extended to the southerly boundary of the southeast quarter of the southwest quarter) to the northeast corner of said Lot 3; Thence N90000'00"W, 100 feet along the northerly boundary of said Lot 3 to the northwest corner of said lot 3; Thence S00°00'00"E, 439.86 feet along the westerly boundary of said Lot 3 (as extended to the southerly boundary of the southeast quarter of the southwest quarter) to a point which bears N89059'45"E, 749.26 feet from the southwest corner of the southeast quarter of the southwest quarter of said Section 16 and which point also bears S89°59'15"E, 1,332.50 feet from the southwest section corner of said Section 16; Thence N89°59'45"E, 100.00 feet to the Point of Beginning. Containing 1.01 acres, more or less. This description was prepared from information of record in the office of the Ada County, recorder. Jewell Subdivision Book 34, Pages 2056 & 2057 and Record of Survey No. 8191. A new land survey was not performed. The basis of bearing for this description is said Jewell Subdivision. Ap IS E 4116 9jE d F►Opp ��pyD.CAt���� Annexation Description Sketch Notes N90'00'00"W 100.00' 1. This sketch was prepared from information of record in the office of the Ada County, recorder. Jewell Subdivision Book 34, Pages 2056 & 2057. Record of Survey No. 8191. A new land survey was not — — performed. 3. 0 3 (D 3 a� 2. The basis of bearing for ^ , SCALE: 1"=80' this sketch is said Jewell o o u7 O o o Subdivision. Y m � cv 0 � o o m co m • L to Fn CDU O L N N cn O j CV O] '— O U � cV N > N Q c V 1 N rri - Cq tD M W W o LAN 0 0 o t� j o � o z c' 4116 za vb r4"1 of IC���S� Southwest Sec ion South Quarter 1 116 Corner 1/16 th Corner N89'59'45"E 100.00' Corner 16 20 21 21 S89'59'15"E 1,332.50' N89'59'45"E 749.26' West Overland Road S89'59'45"W 483.11 Gvyt'Ukro Lot 3, Block 2 of Jewell Subdivision as shown in Book 34 of Plats at Pages 2056 0 /02 N & 2057 records, Ada County, Idaho. Situate in the Southeast Quarter of the CENTURION ENGINEERS. INC. Southwest Quarter of Section 16, Township 3N., Range 1 E., Boise Meridian, Ada Consulting Engineers,Land Surveyors,Planners County, Idaho 2323 S.Vista Ave.Ste.206 l Boise,ID 83705 208.343.3381 l www.centengr.com Date: December 27, 2023 Fiy Drawn By: D.A. Crawford Job Number: TR07 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW E IDIAy AND DECISION & ORDER In the Matter of the Request for Annexation 1.01 acres of land with an R-2 zoning district for the purpose of complying with the terms outlined in the consent to annex agreement for the existing home that is already connected to City utilities, by Robert Taylor. Case No(s). H-2023-0062 For the City Council Hearing Date of: April 23, 2024 (Findings on May 7, 2024) A. Findings of Fact I. Hearing Facts(see attached Staff Report for the hearing date of April 23, 2024, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of April 23, 2024, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 23, 2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of April 23,2024, 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(TAYLOR ANNEXATION-FILE#H-2023-0062) - I - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of April 23,2024, 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 annexation is hereby approved per the conditions of approval in the Staff Report for the hearing date of April 23,2024, 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 § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of April 23, 2024 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TAYLOR ANNEXATION-FILE#H-2023-0062) -2- By action of the City Council at its regular meeting held on the 7th day of May , 2024. COUNCIL PRESIDENT LUKE CAVENER VOTED AYE COUNCIL VICE PRESIDENT LIZ STRADER VOTED AYE COUNCIL MEMBER DOUG TAYLOR VOTED AYE COUNCIL MEMBER JOHN OVERTON VOTED AYE COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) (Z� Mayor Robert E. Simi on 5-7-2024 Attest: Chris Johnso City Clerk 5-7-2024 Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Cha&wW" Dated: 5-7-2024 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TAYLOR ANNEXATION-FILE#H-2023-0062) -3- STAFF REPORT E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT I D A H O HEARING April 23,2024 Legend DATE: - -- ---- ----- ElProject Location C� TO: Mayor&City Council a FROM: Stacy Hersh,Associate Planner 208-884-5533 e F�J SUBJECT: Taylor Annexation AZ - H-2023-0062 - -E;gh' 7 --E-0 RLAND, ------ LOCATION: 3840 E. Overland Road in the Southeast 1/4 of the Southwest 1/4 of Section 16, �� Township 3N,Range lE(Parcel —),/ #R4626240475) I. PROJECT DESCRIPTION Annexation of 1.01 acres of land with an R-2 zoning district for the purpose of complying with the terms outlined in the consent to annex agreement for the existing home that is already connected to City utilities. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 1.01 acres Annexation Future Land Use Designation Mixed Use Regional(MU-R) Existing Land Use No change,continue existing single-family residential use Proposed Land Use(s) Single-Family detached residential Current Zoning Single-Family residential zone(RI)in Ada County Proposed Zoning R-2(Low Density Residential) Lots(#and type;bldg/common) 1 building lot Phasing plan(#of phases) N/A Number of Residential Units(type N/A of units) Neighborhood meeting date 08/24/2023 B. Community Metrics Description I Details Page Ada County Highway District • Staff report No (yes/no) • Requires No ACHD Commission Action es/no • Existing Existing curb,gutter,and sidewalk. Conditions • C1P/IFYWP PROJECT: South Meridian Improvements 6- Overland Rd and Eagle Rd Project Description: Widen intersection to 7-lanes on Eagle Rd and 9-lanes on Overland Rd as per the 2020 CIP. Project to be done in coordination with the Idaho Transportation Department. Project Manager: choman -Cady Haman Design Year: 2025 Right-of-Way Year: Future Construction Year: FUT Project#: IN218-04 Access(Arterial/Collectors/State Overland Road is classified as a principal arterial roadway. H /Local)(Existin and Proposed) Proposed Road Improvements None Fire Service No comments received Police Service No comments received. Wastewater • Distance to Sewer Services No changes in public sewer infrastructure shown in record. Any changes must be approved by Public Works. • Sewer Shed • Estimated Project Sewer ERU's • WRRF Declining Balance • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns None Water • Distance to Services Water available at site. • Pressure Zone 4 • Estimated Project Water See application ERU's • Water Quality Concerns None • Project Consistent with Yes Water Master Plan • Impacts/Concerns None C. Project Maps Future Land Use Map Aerial Map Legend 0: 0 Legend 0 Project Location n Project Location u, AIYX_ LA LLJ > a p J J wLA o D 0 a e N N r LA L FN. mJr- t"r , R*r � ! Eig,Sf E O L-AND_RD r: Crr i ay a a - 1Oo,F o ~ ESPERANTO O s ST �. °0 MediLLLLLLum Density E 4\m n Residential �� ._i:_ Zoning Map Planned Development Map Legend R-40 0 Legend - - -- ---------- 0 Project Location Project Location z City Limits ,-• 0 R Rl —Planned Parcels w J `^ e e E O LAND RD —E;gh1 ---E-0 C-C �P C-G 3 E ao� 10 S 0- ESPERANTO ,p O ST 0 Ln R-15 III. APPLICANT INFORMATION A. Applicant: Robert Taylor, Owner—3840 E. Overland Road,Meridian,ID 83642 B. Owner: Robert Taylor,Owner—3840 E. Overland Road,Meridian,ID 83642 C. Representative: Same as Applicant IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper notification 4/3/2024 published in newspaper 2/5/2024 Radius notification mailed to 4/5/2024 property owners within 500 feet 3/l/2024 Public hearing notice sign posted 4/11/2024 on site 3/10/2024 Nextdoor posting 3/4/2024 4/3/2024 V. COMPREHENSIVE PLAN ANALYSIS LAND USE:This property is designated as Mixed Use Regional(MU-R) on the Future Land Use Map (FLUM)contained in the Comprehensive Plan. The purpose of this designation is to provide a mix of employment,retail,and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together,including residential,and to avoid predominantly single-use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. For example, an employment center should have supporting retail uses; a retail center should have supporting residential uses as well as supportive neighborhood and community services. The standards for the MU-R designation provide an incentive for larger public and quasi-public uses where they provide a meaningful and appropriate mix to the development. The developments are encouraged to be designed consistent with the conceptual MU-R plan depicted. Due to the presence of an existing home on this property with the intention to maintain its residential use,an R-2 zoning district is requested as a"placeholder"zoning district until the property redevelops in the future. Opting for a zoning district within the Mixed-Use Regional(MU-R)designation would create a non- conforming use. For example, a single-family residential dwelling on an acre is not a permitted use in a commercial zoning district and it fails to meet density requirements for an R-15 or R-40 zoning district, which is not preferred. Prior to re-development,a rezone should be requested and development proposed consistent with the Commercial FLUM designation. COMPREHENSIVE PLAN POLICIES(https:llwww.meridianciiy.or /g compplan): 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 diverse housing options suitable for various income levels,household sizes, and lifestyle preferences. (2.01.01) The Plan aims to integrate mixed-use by incorporating a variety of uses, including residential. Residential uses should comprise a minimum of 10%of the development area, with gross densities ranging from 6 to 40 units/acre. The current application seeks annexation of the property into the City to comply with the terms outlined in the consent to annex agreement,particularly due to the existing home already connected to City utilities. Specifics regarding the housing types and density will be addressed with future development. Given that the residential would be in a mixed-use center and at a higher density, it would likely lead to diversity in housing satisfying this goal. • "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 the existing home is already connected to City utilities in accordance with UDC 11-3A-21. • "Support infill development that does not negatively impact the abutting,existing development.Infill projects in downtown should develop at higher densities, irrespective of existing development." (2.02.02C) The proposed development will not likely impact the existing abutting developments to the east, west, and north, as they are all residential uses currently zoned RI in Ada County. • "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." The existing home has already abandoned the existing septic system and is connected to the City wastewater system. VI. STAFF ANALYSIS A. ANNEXATION(AZ) The Applicant proposes to annex 1.01 acre parcel, including the adjacent right-of-way to the section line of E. Overland Road with an R-2(Low-Density Residential)zoning district. A legal description and exhibit map for the annexation area is included in Section VIII.A. This property is within the City's Area of City Impact boundary. The reason for annexation is the water table for the existing well on the single- family residential property failed late last year and the Applicant had to hook-up to City water and sewer service.No new development or redevelopment of the property is proposed at this time and the use will remain residential for the foreseeable future. The Applicant entered into an agreement with the City for extension of domestic water and sewer service outside Meridian city limits for the subject property(Inst. #2023-037612). This agreement allowed the property to hook up to City water and sanitary sewer service with disconnection from the private well and septic system. A provision of the agreement requires the property owner to apply for annexation of the property into the City as proposed with this application. Single-family detached dwellings are listed as a principally permitted use in the R-2 zoning district per UDC Table 11-2A-2. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure future development is consistent with the Comprehensive Plan and the land use desired for this property, Staff recommends a Development Agreement as a provision of annexation pursuant to Idaho Code Section 67-6511A,which requires the property to be rezoned and the agreement modified to include a conceptual development plan prior to any change in use and/or development of the property. Dimensional Standards(UDC 11-2): The proposed existing house appears to comply with the dimensional standards of the district. Access: Access to this property is currently from E. Overland Road. With future redevelopment of the property,access via E. Overland Road and interconnectivity with adjacent properties will be evaluated in accordance with the provisions listed in UDC 11-3A-3. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit. The existing home does not meet the required number of off-street parking spaces per UDC Table 11-3C-6 for a three(3)bedroom home; four(4)parking spaces are required,at least 2 in an enclosed garage,other spaces may be enclosed or a minimum 10-foot by 20-foot parking pad. The existing home does not have an enclosed two-car garage;however,there is an existing 30-foot by 20-foot driveway. The existing home is recognized as non-conforming due to the off-street parking requirements in UDC 11-3C-6. Per UDC 11-1B-4,no existing structure containing a nonconforming use may be enlarged, extended, constructed, reconstructed, moved, or structurally altered except through the approval of a conditional use permit. As a result of the non-conformity,the Applicant is required to apply for a Conditional Use Permit for any future expansions on the property or attain compliance by constructing a new two-car garage(see figure below). 4 f I _ Sidewalks(11-3A-17): Overland Road is improved with an existing 7-foot wide attached concrete sidewalk abutting the site in accordance with UDC standards. Staff is not recommending that this sidewalk be replaced with and 7-foot detached sidewalk. Pathways(UDC 11-3A-8): The Meridian Pathways Master Plan Map indicates a planned pathway on the north side of the Five Mile Creek to be constructed by the City in the future. The Applicant should submit a dedicated easement for the pathway to the City. Easements shall be a minimum of 14' wide(10'wide pathway+2' shoulder on each side). Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accordance with UDC 11-3A-21. The Applicant entered into an agreement with the City for extension of domestic water and sewer service outside Meridian city limits for the subject property(Inst.#2023-037612). The Applicant is currently connected to City utilities. Fencing(UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. The Applicant is not proposing fencing with this application. VIL DECISION A. Staff. Staff recommends approval of the proposed annexation with the requirement of a Development Agreement per the provisions in Section IX in accord with the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on March 21,2024. At the public hearing,the Commission moved to recommend approval of the subject Annexation requests. I. Summary of Commission public hearing: a. In favor: Robert Taylor,Owner b. In opposition:None c. Commenting.None d. Written testimony:None e. Staff presenting application: Stacy Hersh,Associate f Other Staff commenting on application:None 2. Key issue(s)of public testimony a. None 3. Ke, ids)of discussion by Commission. a. None 4. Commission change(s)to Staff recommendation: a. None 5. Outstanding issue(s)for City Council: a. None C. The Meridian City Council heard these items on April 23,2024. At the public hearing,the Council moved to approve the subject Annexation request. I. Summary of the City Council public hearing: a. In favor: Robert Taylor.Owner b. In opposition: None c. Commenting: None d. Written testimony: None e. Staff presenting application: 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 VIII. EXHIBITS A. Annexation Legal Description and Exhibit Map oiuplro CE:NTURIOH E:NGmE:E:RS, INC. Consullling Engineers, Larid Survlilyors,Planners 2323 S. Vista Av@ St!! 20S Bohs,e, ID 83705 T!!lephon!I 209.:34:3.3:381 I www.oenlengr.com Annexation &Zone Land Description For: Robert Taylor D;,oember 27, 2023 Lot 3,Brock 2 of Jewell SUbdivlslon as shown in Book:34 of Pf!ats at Pages 2056&2057 recotds,Ada County,Idaho and i:idjQining rigllt-of-way.Situale in the Southeast Quarter or the Southwest Quarter of Section 16,TownshEp 3 Norttl,Range 1 IEast,Boise Meridian,Ada County,Idaho being m,ore particularly desc,ibed as follows: Commencing at the south qual rter comer of said Section 16:!hence S89"59'4s-\IV,483.11 feet along the southenly boundary of the soulhwest quarter of said Se ion 16 tol he Poirri of Beginning; Thence f400"00'00"E,.439.85 feet along the easterly boundary of said Lot (as extended 10 Nie soulherty bounoory or the r.oulhea.st quarler of the soiuthwtWt quarter)to tho northeast wrner of said Lot 3: Thence N90"00'00'W.t00 feel along the nol'lherly boundary orsald Loi.3 to he nonhwesl com.er of said lot 3; Thernce S00"'00'00"E, 439.861 eet along tile westerly bol„mi;lary of said!.o"I 3 (as extended to the soutnerly boundary of the soulheast quarter of the soulhwesl quarter)to a point which bears N89'59145"E,749.26 fii!el it om the southwest comer of the w1.1theast qua.rte,of he soulhwe-sl quarter of said Seclion 1,s,and which point also bears 589°59'lo"E,1,332..50fest from the southwest section corner of saict Section 16: ihence NB9"5!t45"E, i 00.00 feet to the Point of B inning. Containing 1.01 acres,more or ress. This descripti.on was prepared from infol malion of record in the office of the Ada County, recorder.Jewell Subdivision Book:34,Pages 2056&2057 and Recon:1 of Survey No.8191.A nsw land survey was riot performed. 11 he basis of bearing for 11lis desoript n is said Jewell Subdil 1 ision. / 4 Annexation Description N Sketch Notes 00010011W 100.Q0' 1. Ttiis slielc't,'Itlas prepare-d from inf,onmJtion of r d [n lhll office of the Ada County, recorder. Jewell Stlbdihis,cin Boe, .34,F'Gges 2056 & 2057. Rc.:01\:1 of S"-"""Y No, 8,191. A 1U1,r land survey we- not p4'rlorm8d. i 1 JN„' IC ,:t Thot,ol:i,ofbearingMrthis [[ t S ,.. ,._ M, SCALE: 1•:,ao- al<•tch is -aid le:w8lI —: - Q-{ridD I c...oivU SubdMSion, N 1 C=k g .0, :£�� Q;J.I!j 51 0 �S E a:i :i I i.Tii!:g . . q }.a41"erF..a....... ..., : :g, -o oaqlp g 9 A J:if n S a J 81 b' 1111Jr :71 4116 --'=tm.;;;;..;..;;" 1'45"E 100.00 y. So CM iolnl->t'it'e t 1 17 Corner - 1116 th Corner ---- 20 21 — ---- �� 55!i59'Hn 1,33:2.50" NBU59'45T 748'.26' West Overland Road S89'M15"W -Iai.11 ' to-!3,Block 2.of Jewell SUbdi'lisi011 cs win in IBaok 34 Gf Plcts al Po s 2056 records,Ma County, Idaho. Situote t the Soot t.eo.t oo er o e CE:.HnJIUON LAME:AS. INC. Soulhw!SI Qlitlrltr of Section 16 10111.Shi 3N. Rl:ln a 1E. Baise r..idicn Ma 1 r„emee .n , r,q., e,; , KXIHU Ill;'! .\rl•ta;,•••- mt; I Bolw,II)83105 21113-A4:11.33811...........n1ltof!r,t<1m I):]le:Oec,ember 27,2023 01J(e:6,,... Or<1„m Ely: DA Cn:iwford J(!b N mb r: ffl07 B. Site Map . . wo- Lw Ile rL :. t �. - zip Page 10 Page IX. CITY/AGENCY COMMENTS&CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s) at the time of annexation ordinance adoption,and the developer. Currently,a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum,incorporate the following provisions IF City Council determines annexation is in the best interest of the City: a. Prior to any change in use or redevelopment of the subject property, a rezone to a commercial and/or a higher density residential zoning district and a modification to this agreement shall be requested to include a conceptual development plan consistent with the Mixed-Use Regional Future Land Use Map(FLUM) designation and guidelines in the Comprehensive Plan. b. Future development of this site shall be consistent with the applicable standards in the city of Meridian's Unified Development Code. c. As a result of the non-conformity to the existing home due to the off-street parking requirements in UDC 11-3C-6,the Applicant/Owner is required to apply for a Conditional Use Permit for any future expansions on the property or attain compliance by constructing a new two-car garage. d. The Applicant shall submit a dedicated easement for the future pathway along the north side of the Fivemile Creek for the length of the property to the City. Easements shall be a minimum of 14' wide(10'wide pathway+2' shoulder on each side). B. PUBLIC WORKS No comments,Applicant has signed the agreement for extension of domestic water and sewer service outside Meridian City Limits (Inst. #2023-037612)and connected to City utilities. C. PARK'S DEPARTMENT https://weblink.meridiancit y�org/WebLinkIDocView.aspx?id=331534&dbid=0&repo=MeridianCitX D. ADA COUNTY DEVELOPMENT SERVICES(ACDS) https://weblink.meridiancity.orgA ebLink/DocView.aspx?id=332238&dbid=0&Mpo=MeridianCity&cr =1 E. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink meridianciV.org/WebLink/DocView.aspx?id=331968&dbid=0&repo=Meridian CitX F. IDAHO TRANSPORTATION DEPARTMENT(ITD) https://weblink.meridianci ty.orglWebLink IDocView.aspx?id=332554&dbid=O&repo=MeridignCi tX Page 12 X. 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; Stafffinds annexation of the subject property with an R-2 zoning district and requirement for the property to redevelop in the future consistent with the Mixed-Use Regional future land use map designation in the Comprehensive Plan is appropriate for this property(see Section V for more information). 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Stafffinds the proposed map amendment to the R-2 zoning district is consistent with the purpose statementfor the residential districts in UDC 11-2B-1, in that it will contribute to the range of housing opportunities available in the City consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health,safety,and welfare; Stafffinds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed residential use should be compatible with adjacent 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 Stafffinds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation(as applicable)is in the best interest of city. Stafffinds the proposed annexation is in the best interest of the City. Page 13 V IDIAN� AGENDA ITEM ITEM TOPIC: Development Agreement (Idaho State University H-2024-0027) Between City of Meridian and Idaho State University for Property Generally Located on the West Side of S. Locust Grove Rd., Midway Between E. Franklin Rd. and E. Overland Rd. ADA COUNTY RECORDER Trent Tripple 2024-063337 BOISE IDAHO Pgs=27 BONNIE OBERBILLIG 11/07/2024 08:03 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. State of Idaho(Board of Education),Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 6th day of November ,2024,by and between City of Meridian,amunicipal corporation of the State of Idaho, hereafter called CITY, whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642,and State of Idaho(Board of Education),whose address is 650 W. State Street,Boise, Idaho 83702,hereinafter called OWNER/DEVELOPER. l. RECITALS: 1.1 WHEREAS,Owner is the sole owner,in law and/or equity,of certain tract of land in the County of Ada, State of Idaho, described in Exhibit"A,"which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS,Idaho Code § 67-6511A provides that cities may,by ordinance, require or permit as a condition of zoning that the Owner and/or Developer make a written commitment concerning the use or development of the subject 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 upon the annexation and/or re-zoning of land;and 1.4 WHEREAS, Owner/Developer have submitted an application for annexation and zoning of 23.254 acres of land with a request for the C-G(General Retail and Service Commercial) zoning district on the property as shown in Exhibit "A"under the Unified Development Code,which generally describes how the Property will be developed and what improvements will be made;and 1.5 WHEREAS, Owner/Developer made representations at the public hearings before Planning and Zoning Commission and 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 rezoning held before Planning and Zoning Commission and 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 10'day of September, 2024, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and DEVELOPMENT AGREEMENT-IDAHo STATE UNIVERSITY(H-2024-0027) PAGE 1 of 7 Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit"B";and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deem 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 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that 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 designation is 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. 3.2 OWNER/DEVELOPER: means and refers to State of Idaho (Board of Education), whose address is 650 W. State Street, Boise, Idaho, 83702, hereinafter called OWNER/DEVELOPER, 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(s) of Property located in the County of Ada, City of Meridian as in Exhibit "A"describing a parcel to bound by this Development Agreement and 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. DEvELoPMENT AGREEMENT-IDAHo STATE UNIVERSITY(H-2024-0027) PAGE 2 of 7 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. Before commencing development on the property,the applicant must submit and obtain approval of a Planned Unit Development(PUD)application. b. The three existing buildings on the site shall be used solely for storage until future development is proposed,and at which time all buildings must be removed and the existing well and septic system abandoned. c. The property and existing structures must be maintained to prevent them from becoming a noxious use in accordance with UDC 11-3A-10. d. Access to the property must comply with the standards set forth in UDC 11-3A-3. The City and Ada County Highway District (ACHD) will determine appropriate access to S. Locust Grove Road and E. Central Drive during the review and approval of the PUD application. e. The site plan submitted with the PUD application shall incorporate a primary access from E. Central Drive that aligns with one of the existing driveways on the south side of the road. 6. APPROVAL PERIOD: If this Agreement has not been fully executed within six(6) months after the date of the Findings,the City may, at its sole discretion,declare the Agreement 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/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. 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 action 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, DEVELOPMENT AGREEMENT-IDAHO STATE UNIVERSITY(H-2024-0027) PAGE 3 OF 7 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 section 67-6511A,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 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 approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances 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, prior to the third reading of the Meridian Zoning Ordinance in connection with the rezoning of the Property by the City Council.If for any reason after such recordation,the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 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: To the extent permitted by Idaho law, the City may also require surety bonds,irrevocable letters of credit,cash deposits,certified check or negotiable DEVELOPMENT AGREEMENT-IDAHO STATE UNIVERSITY(H-2024-0027) PAGE 4 OF 7 bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer or the Owner/Developer's contractor shall provide,if required by the City.For the purpose of this Section 11 and Section 12,the term"improvements"shall exclude buildings or other facilities subject to Idaho Code section 39-4103(2). 12. OCCUPANCY: Owner/Developer shall not occupy any phase of the development until the improvements required under the PUD for said phase have been installed, completed, and accepted by the City, or sufficient surety of performance is provided to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree 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 Avenue Meridian,Idaho 83642 Meridian, Idaho 83642 OWNER/DEVELOPER: State of Idaho(Board of Education) 650 W. State St. Boise,Idaho 83702 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 owner or owners shall be both benefited and bound by the conditions and restrictions herein DEVELOPMENT AGREEMENT—IDAHO STATE UNwERsrry(H-2024-0027) PAGE 5 OF 7 expressed. City agrees,upon written request of Owner and/or Developer,to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner and/or Developer have fully performed their 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 reasonably in giving any consent,approval,or taking any other action under this Agreement. 20. 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. 21. 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. 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 rezoning of the subject 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-IDAHo STATE UNwVERsrry(H-2024-0027) PAGE 6 of 7 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: State of Idaho(Board of Education) /'KI—_/A�' y: z "W, J. STATE OF IDAHO ) ss: County of Ada ) On this2A day of 0(,+Vi0 QV ,2024,before me,the undersigned,a Notary Public in and for said State, personally appeared W ta.erk_J.Cam>u6ti,known or identified tome to be the yepve_c aP , %Ir of State of Idaho(Board of Education)and a person who signed above 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. M �.�.t.l�.t. `rySIOIY' 9•Q'��ii (SEAL) .o��'�azas?3e� otary Public iv t4orARy mc,;; _ My Commission Expires: '6 2lt 30 ptfBL+ 2� cP '��gcOMM155`o`��� CITY OF MERIDIAN '4TF O F 1 D P �� ATTEST: �rl1Nf I I t µ1Nl� By: Mayor Robert E. Simison 11-6-2024 Chris Johnson,City Clerk 11-6-2024 STATE OF IDAHO ) ss County of Ada ) 2024 On this 6th day ofNovember , 2413, 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. (SEAL) Notary Public for Idaho 3-28-2028 My Commission Expires: DEVELOPMENT AGREEMENT—IDAHO STATE UNIVERSITY(H-2024-0027) PAGE 7 OF 7 EXHIBIT A lam ENGINEERING June 7,2024 Project No.19-069 Exhibit A Legal Description for Annexation A parcel of land being the South 1/2 of the Southeast 1/4 of the Northeast 1/4 and a portion of the Northeast 1/4 of the Southeast 1/4 of Section 18,Township 3 North, Range 1 East, Boise Meridian,Ada County, Idaho and being more particularly described as follows: BEGINNING at an aluminum cap marking the east 1/4 corner of said Section 18,which bears S00'31'02"W a distance of 2,658.78 feet from a brass cap marking the northeast corner of said Section 18; Thence following the easterly line of said southeast 1/4 of Section 18,500'30'31"W a distance of 221.52 feet; Thence leaving said easterly line,589'32'08"W a distance of 540.86 feet to the centerline of an irrigation lateral; Thence following said centerline,N23'44'43"W a distance of 241.12 feet to the southerly line of said South 1/2 of the Southeast 1/4 of the Northeast 1/4; Thence leaving said centerline and following said southerly line,589'32'08"W a distance of 685.96 feet to a 5/8-inch rebar; Thence leaving said southerly line and following the westerly line of said South 1/2 of the Southeast 1/4 of the Northeast 1/4, N00'29'22"E a distance of 666.04 feet to a 5/8-inch rebar; Thence leaving said westerly line and following the northerly line of said South 1/2 of the Southeast 1/4 of the Northeast 1/4, N89'35'38"E a distance of 1,326.19 feet; Thence leaving said northerly line and following the easterly line of said South 1/2 of the Southeast 1/4 of the Northeast 1/4,SOO'31'02"W a distance of 664.69 feet to the POINT OF BEGINNING. Said parcel contains a total of 23.254 acres,more or less. Attached hereto is Exhibit B and by this reference is hereby made a part of. 1pt�' j`AND 9 Ol a 12459 0 OF � `Y L. 1B 6 ,7, yo2.�f 9233 West state Street o Boise, Idaho 83714 - 208.639.6939 c hmengllpxom _ 0 E. Franklin Rd ILI t c Murdoch NE CORNER SECTION 18 0 o u FOUND BRASS CAP O c Subdivision No. 2 m l O o m E.Woodbridge 'z- o a Dr. U a. 2i C 3 m Co O N89'35'38"E 1326.79' O -p -0 y 4' LLI c ti m 4, t0 X Z m U1 O m S mz a C z H on m Q O N 40 I m Y C < 2 m C on 0 O C w s Annexation Area: 23.254±AC. oo ° M Fn v f° S1118142201 &S1118417255 I -o Lq n� V' N o `o m w Current Zoning: RUT&R6 o- a am X 4— G1 CZ 01 a N > w N LU O L �..I a C N O U2 Y ice` O N Z u W I O N N L] POINT OF BEGINNING -A-- a E 1/4 CORNER SECTION 18 ~ w a FOUND ALUMINUM CAP Z a m DATE: lone 2024 z O O : S89'32'08"W 685.96' PROIFR 19-069 N SHEET: � N� 1 OF 1 4 ? N 0 w V. N In z N to 0 State of Idaho N Unplatted S89'32'08"W 540.86' kin c miM Unplatted N b p SE CORNER SECTION 18 FOUND BRASS CAP ENGINEERS.SURVEYORS,PLANNERS 9233 WESTSTATESTREET m BOISE,IDAHO 83714 E. Overland Rd. PHONE(208)639-6939 FAX(208)639-6930 1 �h 1326.19 n8995'38% U ' N C s89032'08"w 685.96 a a �Z c N R s89032'08"w 540.86 Title: Date:06-07-2024 Scale: 1 inch=200 feet File: Tract 1: 23.254 Acres: 1012945 Sq Feet:Closure=s58.4213w 0.01 Feet: Precision=1/476082: Perimeter=4346 Feet 001=s00.3031w 221.52 004=s89.3208w 685.96 007=s00.3102w 664.69 002=s89.3208w 540.86 005=n00.2922e 666.04 003=n23.4443w 241.12 006=n89.3538e 1326.19 EXHIBIT B COMMUNITY DEVELOPMENT E IDI� IAN,-- DEPARTMENT REPORT i o HEARING 8/15/2024 Legend (� DATE: O Project Location , I TO: Mayor&City Council '::Area of Impact t= City Limits FROM: Bill Parsons,Current Planning Q Analysts Supervisor 208-884-5533 ----- ---- --- bparsons@meridiancity.org , APPLICANT: Marty Vizcarra SUBJECT: H-2024-0027 Idaho State University LOCATION: Property is generally located on the west t side of S.Locust Grove Rd.;midway between E. Franklin Rd.and E.Overland Rd.in the NE 1/4 and SE 1/4 of Section 18,T.3N.,R1E. I. PROJECT OVERVIEW A. Summary Annexation of 23.254 acres of land from RUT and R-6 in Ada County to the C-G zoning district, by Idaho State University. B. Issues/Waivers 1. The applicant is requesting that the three existing structures not connect to city utilities at this time. After consultation with the City Engineer,staff supports this request,provided that the applicant abandons the existing well and septic system. 2. Continue using the three(3)existing structures for storage. They are currently being used to meet the university's operational needs. Staff is supportive of the buildings remaining on the site as long as the buildings and property are properly maintained. C. Recommendation Staff-Approval D. Decision City Council: Approved City of Meridian I Department Report 1. Project Overview II. COMMUNITY METRICS Table 1:Land Use Description Details Map Ref. Existing Land Use(s) Vacant County residence and several - outbuildings/Agricultural operations Proposed Land Use(s) Public Education Institution(ISU Campus) - Existing/Proposed Zoning Rural Urban Transition Area(RUT)and R-6 in Ada V II.A.2 County Future Land Use Designation Commercial VII.A.3 Table 2:Process Facts Description Details Preapplication Meeting date Friday,June 7,2024 Neighborhood Meeting 5/28/2024 Site posting date 8/30/2024 Table 3: Community Metrics Agency/Element Description/Issue Reference Ada County Highway District II.E • Comments Received Yes - • Commission Action Required No - • Access S. Locust Grove Road—cross access with the ICOM - property to access E. Central Drive • Traffic Level of Service Better than"B"and Better than"D". - ITD Comments Received No Error! Reference source not found. See City/Agency Comments and Conditions Section below and review the public record for all department/agency comments received. City of Meridian I Department Report Community Metrics III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. General Overview The subject property is currently designated Commercial on the future land use map(FLUM). This designation provides a full range of commercial uses to serve area residents and visitors. Desired uses may include retail,restaurants,personal and professional services,and office uses, as well as appropriate public and quasi-public uses.Multi-family residential may be allowed in some cases,but should be careful to promote a high quality of life through thoughtful site design, connectivity,and amenities. Sample zoning include:C-N,C-C,and C-G. The applicant is requesting the annexation of 23.254 acres of land from the RUT and R-6 zoning districts in Ada County to the C-G zoning district,with the intent to develop the site for a Public Education Institution.This annexation is necessary for ISU to access allocated funds for infrastructure improvements,though no actual development is proposed at this time.Typically, the City requires a concept plan that includes details such as site access,parking,building sizes, pedestrian circulation,and common open space.However,due to the long-term nature of this project,developing these details as part of a comprehensive master plan is crucial.Therefore, City staff has requested that ISU submit a future planned unit development to allow adequate time for master planning the property and coordinating with other partnering agencies. B. Site Development and Use Analysis 1. Existing Structures/Site Improvements(UDC 11-1): The applicant is requesting to retain the three existing structures without connecting them to city utilities until redevelopment can take place.These structures are currently being used for storage to support the university's operational needs.In the meantime,the University commits to regularly maintaining the existing structures and property to ensure they remain clean and orderly.When redevelopment occurs,all existing structures will be removed. 2. Proposed Use Analysis(UDC 11-2): Goal 2.04.01 of the Plan emphasizes the importance of the City partnering with schools,non- profits,and other community-based organizations to provide a variety of educational opportunities throughout all stages of life.The 23.254-acre site is proposed for expansion as part of Idaho State University,a Public Education Institution.The proposed C-G zoning aligns with the comprehensive plan's commercial designation,where an educational institution is a principally permitted use in this zone. Idaho State University envisions the site accommodating academic buildings,university housing(dorms),clinical space(healthcare), multi-use facilities,and outdoor amenities.Given the complexity of the project,the development is expected to unfold over a 30-year timeline.The applicant will be required to submit and obtain approval of a Planned Unit Development(PUD)prior to developing the property. 3. Dimensional Standards(UDC 11-2): With annexation of this property,any future development is required to comply with the dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district. C. Design Standards Analysis 1. Site and Building Design Standards(Comp Plan, UDC 11-3A-19): Goal 5.01.02D of the Plan emphasizes the importance of building design,and landscaping elements to buffer,screen,beautify,and integrate commercial,multifamily,and parking lots into existing neighborhoods.Future development plans,including site layouts,landscape designs,and building elevations,should adhere to the structure and site design standards set City of Meridian Department Report Staff Analysis forth in UDC 11-3A-19 and the Architectural Standards Manual(ASM).Additionally,future design concepts will be reviewed and approved through the Planned Unit Development (PUD)process to ensure compatibility with neighboring properties as set forth in UDC 11-7. 2. Landscaping(UDC 11-3B): Future development shall comply with the landscape standards listed in UDC 11-3B. 3. Parking(UDC 11-3C): Future development shall comply with the parking standards listed in UDC 11-3C. D. Transportation Analysis 1. Access(Comp Plan and UDC 11-3A-3): Please note that the concept plan used in the TIS is subject to change during the City's review of the PUD application.However,it does establish a baseline for evaluating access to this property and future mitigation measures as discussed in this section of the report. The City has received ACHD's staff report on the proposed annexation request.This development is estimated to generate 5,330 vehicle trips per day,552 vehicle trips per hour in the AM peak hour and 481 vehicle trips per hour in the PM peak hour,based on the traffic impact study.The TIS also evaluated two(2)accesses to S.Locust Grove Rd.and one(1) access to E.Central Drive. • Access 1 is proposed as a full access driveway located as far as possible for the Locust Grove Road/Central Drive intersection.The proposed access would replace an existing full-access driveway and is critical to the traffic operation and circulation of the proposed development. • Access 2 is proposed as a full-access driveway to replace the existing access to the residential home and is critical to traffic operation and circulation of the proposed development. • Access 3 is proposed as right-out only access due to its proximity to Woodbridge Drive and the neighboring property to the north.Access 3 meets District access spacing standards and avoids turning movement conflicts. The applicant's proposal does not fully comply with ACHD's Access and Driveway Location Policies.Typically,access for this development would be limited to Central Drive,a collector roadway,because it is a lower-classified roadway than Locust Grove Road,which is a minor arterial.However,Access 1 is necessary for the existing parking lot,and Accesses 2 and 3 are required for internal site circulation.Driveways on Locust Grove Road are generally required to be 660 feet apart from other full-movement driveways or 330 feet apart for driveways limited to right-in/right-out access.Despite these requirements,ACHD supports the applicant's access evaluation from the traffic impact study,as all driveways are essential for proper site circulation,and Access 3 is restricted to right-out only. Additional improvements identified in the TIS include the construction of a southbound right- turn lane at the Locust Grove Road/Access 2 intersection and a second westbound through lane at the Central Drive/Locust Grove intersection that runs from the intersection west to terminate as a right-turn drop lane at the Central Drive/Access 1 intersection. In line with ACHD's policies,the Comprehensive Plan and the UDC require developments to access a lesser-classified street.Goal 6.01.02B of the Plan encourages minimizing the number of existing access points onto arterial streets by utilizing methods such as cross-access agreements,access management,and frontage or backage roads,while promoting connectivity between local and collector streets.The purpose of UDC 11-3A-3 is to enhance safety by consolidating and/or limiting access points to arterial streets,ensuring safe entry for City of Meridian 'Department Report Staff Analysis motorists.Currently,the primary access to this property is from S.Locust Grove Road. However,the City previously required cross-access to this property through the ICOM parking lot. Staff concurs with the ACHD report and agrees some access to Locust Grove Road is necessary for internal site circulation.With a future development application,both the City and ACHD will review access points on S.Locust Grove Road and E.Central Drive. At a minimum,the driveway and cross-access provided by the ICOM property should be utilized for the proposed development. Staff also encourages the applicant to explore additional access options through coordination with the Idaho State Police. Staff recommends a provision in the development agreement requiring the applicant to comply with the access standards set forth in UDC 11-3A-3. 2. Multiuse Pathways(Comp Plan& UDC I1-3A-5 and UDC 11-3A-8): Both the Plan and the Unified Development Code(UDC)set forth policies and regulations for extending multiuse pathways in conjunction with new development.Goal 4.04.01A of the Plan encourages new developments and subdivisions connect to the existing pathway system. Multiuse pathways should be constructed in accordance with the City's Comprehensive Plan, the Meridian Pathways Master Plan,the Ada County Highway District Master Street Map, and the Roadways to Bikeways Master Plan.The Pathways Master Plan indicates a multi-use pathway along the Hunter Lateral,connecting with S.Locust Grove Road on the northeast portion of the site.The pathway currently stubs at the property line from the ICOM parking lot on the southern border.With future development,the applicant will be required to extend this pathway through the site and landscape it in accordance with UDC 11-3A-5, 11-3A-8, and 11-3B-12C. E. Services Analysis 1. Waterways(UDC 11-3A-6): The Hunter Lateral bisects the property,with an easement that extends a minimum of 100 feet in total-50 feet on either side of the lateral's centerline.The applicant proposes to title and pipe the irrigation canal in accordance with UDC 11-3A-6.Any improvements within the easement area will require approval from the Nampa Meridian Irrigation District(NMID). 2. Utilities(Comp Plan, UDC 11-3A-21): Both the Plan and the UDC establish policy and regulations for extending and connecting to City utilities.Goal 3.03.03G of the Plan mandates urban infrastructure be provided for all new developments,including curb and gutter,sidewalks,water and sewer utilities. Connection to City water and sewer services is typically required with annexation,unless otherwise approved by the City Engineer in accordance with UDC 11-3A-21.As mentioned, the applicant is requesting that the three existing structures not connect to city utilities at this time.After consultation with the City Engineer,staff supports this request,provided that the applicant abandons the existing well and septic system. IV. CITY/AGENCY COMMENTS&CONDITIONS A. Meridian Planning Division A Development Agreement(DA)is required as a provision of annexation of this property.Prior to approval of the annexation ordinance,a DA shall be entered into between the City of Meridian, the property owner(s)at the time of annexation ordinance adoption,and the developer. Currently,a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA.The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation.The DA shall,at minimum,incorporate the following provisions IF City Council determines annexation is in the best interest of the City: City of Meridian 1 Department Report City/Agency Comments&Conditions 1. Before commencing development on the property,the applicant must submit and obtain approval of a Planned Unit Development(PUD)application. 2. The three existing buildings on the site shall be used solely for storage until future development is proposed,mat which time,all buildings must be removed and the existing well and septic system wmm be abandoned. 3. The property and existing structures must be maintained to prevent them from becoming a noxious use in accordance with UDC 11-3A-10. 4. Access to the property must comply with the standards set forth in UDC 11-3A-3.The City and ACHD will determine appropriate access to S.Locust Grove Road and E.Central Drive during the review and approval of the PUD application. I The site plan submitted with the PUD application shall incomeorate a Dr�imaccess from E. Central Drive that alig�,s�ci#�czn�Q th�existin 'vewayphe southside o tie rstad. City of Meridian Department Report City/Agency Comments&Conditions B. Ada County Development Services ADA COUNTY DEVELOPMENT SERVICES 200 W.FRONT STREET.DOISE.IDAHO x3702-73(10 PHONE(209)297.7900 h( %L'j�44'3H4U"'I litn'� rf'l4tIDrmtmrv�cac FAX(20a)287.7909 BUILDING COMMUNITY PLANNING ENGINEERING&SURVEYING PERMITTING 1 July 19.2024 Bill Parsons Ada County Development Services 200 W Front Street Boise,ID 83702 RE:H-2024-0027+785 S Locust Grove Road Idaho Stale University Annexation Bill, The City of Meridian has requested feedback regarding the proposed annexation and rezone from Rural Urban Transition(RUT)to General Retail and Service Commercial(C--G)of 23.25 acres located at 785 S Locust Grove Road.The proposed future uses are to include facilities for academic,residential,clinical and community needs. Ada County is supportive of the proposed annexation as it is compatible with Goal 2.2 of the .Ada County Comprehensive Plan,which encourages urban development be directed to Areas of City Impact where investments in urban services have already been made. Ada County is supportive of the proposed zone to C-G as it is compatible with the Future Land Use Map or the Meridian Comprehensive Plan,as adopted by.Ada County,as it designates the subject property as C-ammen-ial, which is intended to provide retail,restaurants,personal and prafessional services,and office uses,as well as appropriate public and quasi-public uses,and may include multi-family. Please feel free to contact me with any questions. Sincerely, Stacey YarrulgtmAl Stacey Yarrington Community&Regional Planncr .Ada County Development Services City of Meridian I Department Report City/Agency Comments&Conditions C. Quality(DEQ) See public record. D. Idaho State Police See public record. City of.Meridian I Department Report City/Agency Comments&Conditions E. Ada County Highway District(ACHD) ACHD Kent Go tl ho Pe rommiMr ner � oew Rtcxinn.y.rommrcrono. Date: August 2,2024 To: Marty Vizcarra,via email Staff Contact:Karateigh Troyer,Planner Project Description: Idaho State University Trip Generation: This development is estimated to generate 5,330 vehicle trips per day,552 vehicle trips per hour in the AM peak hour and 4$1 vehicle trips per hour in the PM peak hour,based on the traffic impact study. y �1�lIIl1I1�14� Traffic Impact Study 911d 'i._ I i� Comments: The tables above list the existing conditions of the surrounding roadways without the proposed development as this application is for annexation and rezone only.With a future development application,this summary will be updated to reflect the development and its impact. connecting you to more 4rra Cuunry Niyhway Dht+Kl•{Tn h6a rts.au,.• r,. . . .rr..,- '. .., f-,.°..'..^.: ..,.. ., p,larmorq City of Meridian I Department Report City/Agency Comments&Conditions V. FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) VI. ACTION A. Staff: Staff recommends approval of the annexation based on the analysis in section III and Findings in section V. B. Commission: The Meridian Planning&Zoning Commission heard this item on August 15,2024.At the public hearing,the Commission moved to recommend approval of the subject AZ request. Summary of Commission public hearing: a. In favor: Brian Sa eg ndorf b. In opposition:None c. Commenting:None d. Written testimony:None e. Staff presenting WRlication:Bill Parsons f. Other Staff commenting on application:None Key issue(s)of public testimony: a. None Key issue(s)of discussion by Commission: a. Future access to serve the proposed development. Commission change(s)to Staff recommendation: a. None Outstanding issue(s)for City Council: a. See issues/waivers section at the beginning of the report. C. City Council: e Meridian City Council heard this item on September 10,2024,At the public hearing.the Council voted to apmve the siftct Z r r t L Summary of the City Council public hearing: a. In favor: Brian Sagendorf }z, In opposition•None c, Commenting:None d Written testimony None Staff presenting application: Bill Parsons L Other Staff commenting on application-None 2 _Key issue(s)of nublic testimony: a. None 3, Key issues)of discussion by City Council• a. Access to S.Locust Grove Rd. L Updating the traffic study to include E.Woodbridge Drive in the analysis g City Council change(s)to Commission recQrnmendation7 L Modify DA provision#2 to clarify the well and septic can be abandoned with future development. b. City of Meridian Department Report Findings t Drive City of Meridian ;Department Report Action � • ti t E i uj too* Emu J' �s F OVE3RLAND _ av iPi"sit� {{ ' F +fi:u• p h ♦ ,p�«,.c Al, � O W _ a � O • �� to V z J p `84 m OG s W f — a OVERLAND �e. 3. Future Land Use Legend C:) Project Location Old General of Impact Town Industrial f= . O Analysis High m MU Low Density Density Residential Residential Medium P Density Civic - Residential C-ommercial MU-N i .—`.. - MU-RG Office `,j B B 4. Planned Development Map Legend - `—'—'�—_' O Project Location :.:Area of Impact 1--i City Limits — Planned Parcels OAnalysis �--- { 1 l .� 1 `1 ---------- 1 1 i1 1 1 A,-- I i 1 ram_�J - 1 1 1 y 1 11 1 1 I City of Meridian Department Report Exhibits B. Subject Site Photos bC- ,m. .. .��"',.; Esc '"._...a.a-. _ _:.... . ... _. .. ... ,:�. .- .. :-..�• 4 4.�...__ .Y r1 � I City of Meridian Department Report Exhibits C. Service Accessibility Report Description Location Within 1/2 mile of City Limits YELLOW Extension Sewer Trunkshed mains < 500 ft.from parcel PGREEM Floodplain Either not within the 100 yr floodplain or > 2 acres Emergency Services Fire Response time < 5 min. I GREET Emergency Services Police Meets response time goals most of the time a GREE Pathways Within 1/4 mile of current pathways ( GREEN Transit Within 1/4 mile of current transit route G'; GREEN Ultimate configuration (#of lanes in master streets P Arterial Road Buildout Status GREEN plan) matches existing (#of lanes) School Walking Proximity Within 1/2 mile walking GRE Either a High School or College within 2 miles OR a School Drivability Middle or Elementary School within 1 mile driving (existing or future) Either a Regional Park within 1 mile OR a Community Park Walkability Park within 1/2 mile OR a Neighborhood Park within 1/4 mile walking City of Meridian 1 Department Report Exhibits D. Annexation Legal Description&Exhibit Map o E.frankhii Pd. v I L 0 Murdoch RE FOUND6 tN L 0 u Snbdlvlslon No.2 'i O m E. bridge i+ C Or. i E N89'35'08'E 1328.19' O m p w R y X w ` c M to rn O Z qp2 — C 0 2 ry m' Q m { C a �m O mL ` 15 t Annexation Area:23.254t AC. o� ,� a of ., SIII9142201&51118417255 I a n „1� .!_ o o .a Current Zoning:RUT&R6 12� X o— y d o n e u e�i W O .r m t l2 w O in b b � � O N POIM OF SEGINSECTION R10 1/4 ) C 4 CORNER SECOON 18 d FOUND ALUNNiUN CAP Z nn MerN. S89'32'0 V W5.96' sonar. 1f a1° +w h SHEET: OF 1 State of Idaho llnpiaited 589'72'08''W 540.86' Unpi w SE CORNER R SECTION 18 inmarn waw�vnr.wwns FOUND BRASS CAP E.Overland Rd. �arw saw» _ — City of Meridian Department Report Exhibits km f NGINEERiNG June 7,2024 Project No.19-069 Exhibit A Legal Description for Annexation A parcel of land being the South 1/2 of the Southeast 1/4 of the Northeast 1/4 and a portion of the Northeast 1/4 of the Southeast 1/4 of Section 18,Township 3 North,Range 1 East,Boise Meridian,Ada County.Idaho and being more particularly described as follows: BEGINNING at an aluminum rap marking the east 1/4 corner of said Section 18,which bears 500"31'02"W a distance of 2,6S8.78 feet from a brass cap marking the northeast corner of said Section 18; Thence following the easterly line of said southeast 1/4 of Section 18,S00'30'31"W a distance of 221.52 feet; Thence leaving said easterly line,S89"32'08"W a distance of 540.86 feet to the centerline of an inlgation lateral; Thence following said centerline,N2344'43"W a distance of 24112 feet to the southerly line of said South 112 of the Southeast 1/4 of the Northeast 1/4; Thence leaving said centerline and following said southerly line,S89'32'08"W a distance of 695.96 feet to a 5/8-inch rebar; Thence leaving said southerly line and following the westerly line of said South 1/2 of the Southeast 1/4 of the Northeast 1/4,N00"29'22"E a distance of 666.04 feet to a 5/8-inch rebar; Thence leaving said westerly line and following the northerly line of said South 1/2 of the Southeast 1/4 of the Northeast 114,N89'35'3rE a distance of 1,326.19 feet; Thence leaving said northerly line and following the easterly line of said South 1/2 of the Southeast 1/4of the Northeast 1/4,So0'31'02"W a distance of 664.69 feet to the POINT OF BEGINNING. Said parcel contains a total of 23.254 acres,more or less. Attached hereto is Exhibit B and by this reference is hereby made a part of. Gl a ,12459 o A a � 04 �Rtr L. BA�1A 6 .7.2o�`f 9233 West State Street " Salle,Idaho 93714 + 208.639A939 • kmenglip.com City oFMeridian 1 Department Report E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Julia Subdivision (FP-2024-0009), by Ackerman-Estvold, located at 2435 N. Black Cat Rd. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: 10/15/2024 ORDER APPROVAL DATE: 11/6/2024 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 10 BUILDING ) CASE NO. FP-2024-0009 LOTS AND FOUR(4) COMMON ) LOTS ON 2.77-ACRES OF LAND IN ) ORDER OF CONDITIONAL THE R-8 ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT JULIA SUBDIVISION. ) BY: ACKERMAN-ESTVOLD ) APPLICANT ) This matter coming before the City Council on October 15, 2024 for final plat approval pursuant to Unified Development Code (UDC) I 1-613-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING JULIA SUBDIVISION, LOCATED IN A PORTION OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 4, T.3N., R.I W., BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2024, HANDWRITTEN DATE: 9/16/2024, by ANTONIO M. CONTI, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR JULIA SUBDIVISION FP-2024-0009 Page 1 of 3 PLS, SHEET 1 OF 3," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated October 15, 2024, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR JULIA SUBDIVISION FP-2024-0009 Page 2 of 3 interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 6th day of November , 2024. By: Robert E. Simison 11-6-2024 Mayor, City of Meridian Attest: Chris Johnson 11-6-2024 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 11-6-2024 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR JULIA SUBDIVISION FP-2024-0009 Page 3 of 3 EXHIBIT A STAFF REPORTC�WE COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT DATE: 10/15/2024 Llsn�K-Ro= u p ;r TO: City Council 1W ITNI/TSHIIRD FROM: Sonya Allen,Associate Planner eoa 208-884-5533 SUBJECT: FP-2024-0009 LEL I Julia Subdivision r , I PROPERTY LOCATION: 2435 N. Black Cat Rd., in the NE 1/4 of f,� ,a. Section 4, T.3N.,R.1W. (Parcel IA$$11.11R #S 1204141840) —HARIEI, 1TITTI T= i��rm-rm-r ww°°E w I. PROJECT DESCRIPTION Final plat consisting of 10 building lots and four (4) common lots on 2.77-acres of land in the R-8 zoning district for Julia Subdivision. II. APPLICANT INFORMATION A. Applicant Antonio Conti,Ackerman-Estvold—7661 W. Riverside Dr., Ste. 102,Garden City,ID 83714 B. Owner: Hesscomm Corp.—2338 W. Boulder Bar Dr.,Meridian,ID 83846 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the associated preliminary plat(H-2023-0003) as required by UDC 11-613-3C.2. The proposed final plat depicts the same number of building lots and common open space area as shown on the approved preliminary plat. Therefore, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plats as required by UDC 11-6B-3C. Pagel IV. DECISION A. Staff- Staff recommends approval of the proposed final plat with the conditions of approval in Section VI1 of this report. V. EXHIBITS A. Preliminary Plat(dated: 6/12/23) P"'.a PlatFo. Julia Subdivision S.—the sau -a 114&1he x-n -V4.f 5-- 1' City of Meridian,Ada County,Idaho 2023 'II SITEII �o H �\ o w\ � y. - nF.NcwrnwnK w s1 ow G ry I� a 7 _- J vam MAa. Page 2 B. Final Plat(dated: 9/16/2024) NO S yJULIA SURMVI510N S-R1,H,�,=T=L,1NE NE I- BE-,-'—E M 1. ===I.IEI.1=1E=^."1,'1 1 ',OLM-1EA5T ��4 OF IT THE WORTH EAST P OT5ECTION 4. -TTEI= T.3N..PC I W.. BOISE MERIDIAN I I 1� VE A lORTK)14 Or'T�lr J4 ...... MY OF MERIDIAN.ADA CCUNTY,IDAHO. I Llvxu I.E 11 "LEIIIEll T._ y 2024 5M MT J DIF 3 A- E T LEGEND —T— F— F -T 14 1A L 4- TprCrA oLorX r IAMTS ----- --- 4. No. R Page 3 C. Landscape Plan(dated: 9/18/2024) TAff.Fock VWDSCAPE REQUI MENTS I NDSCA E Map, ?Mm- -T—MULE ------- ----- 12 13 1, 1 2 3 L N 16 Co ---- -------- ------------- 9 7 17 ------------------------ --------------- ------------------------ 7-1 LANDSCAPE I PLAN L100 Page 4 o - n TACK ROCK E. - Old; rn t, 4 ouo x ` - "' ,� BALLB PNRLAP TREE PLANTING z SHMP PLANTING 3�CONCRETE SIDEJVALNS ADJ LANDINGIT �. -.K .. �•' r.w®®.¢o-¢nrmum¢ �� xavr�wro-cx¢aar..xx,wx¢�artW .� `w.>vw¢or:wrvmr+arwu�maawx �n o�NU 0 LO 7 m 9'SEMI-PRIVATE FENCE 5 4'PRIVATE FENCE wPRNAIE FENCE No S 71 LANDSCAPE ND=& oETP15 9 L150 n Page 5 D. Common Driveway Exhibit(Lots 12, 13 and 14) I I SUBDIVISION BOUNDARY ffW.) LINE(TYP,) 9 � � LOT 18 I j LOT 12 I I 5' 1 LOT 14 Y. LPT 1 LOT LINE(TYP.) 1 5 LOT 11 0 LOT 10 25 12.5 4 25 50 Graphic Scale: Altendon Is brawn Lo.he LacL ThaL DrawlN Scales May be Altered Dwln9 RepnAwdorr, Praessyes, 6calee$hewn Hereon are Based on a Full Scale Sheet 5lze oF8,5'x 11'. Scale;1,=Flo,*CkLE(Ht r A lC{ R UI DRAW�e,,�, JJLIA SUBDIVISION �ESTVOLD°U�D � MERIDIAN,IpN4 piF1Yf6BN! r TU61WMArhraltlrlS�Me.W,1rk �r�nCYrlUA9n+ pWIUM ter; �, CorVIIVIO J DRIVE EXHIBIT Page 6 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development(TM Center H-2023-0003,DA Inst. #2024-009150. 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of City Council approval of the preliminary plat(i.e.by July 25,2025); or apply for a time extension,in accord with UDC I I-6B-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Ackerman Estvold, stamped on 9/16/24 by Antonio Conti, included in Exhibit B shall be revised as follows: a. If Lot 5 contains an easement,graphically depict it on the plat along with a recorded instrument number,if applicable. b. Depict 30-foot minimum street frontages for Lots 3,4 and 6,measured as a chord measurement,per UDC 11-2A-3B.1. c. Graphically depict and include a note for a perpetual ingress/egress easement for the common driveway on Lot 11 that includes a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment as set forth in UDC 11-6C- 3D8; or,record a separate easement/agreement and include a reference to the recorded instrument number on the plat. d. Note#2: "Minimum building setbacks shall be in accordance with the City of Meridian applicable zoning and subdivision regulations at the time of issuance of individual building permits eeif eall .approved and/or,.o,,uireaor- sh,,..� Oft this P! ." e. Note#6: "All lot lines common to any private un blic roads,rear lot lines, exterior boundary lines are hereby designated as having a permanent ten-foot wide(10') easement for public utilities,irrigation,and lot drainage unless otherwise shown. Interior lot lines are hereby designated as having a permanent a-5=foot(5')wide easement for public utilities,irrigation, and lot drainage." f. Add a new note: "Lot 8 contains a City of Meridian pedestrian pathway easement, recorded as instrument " g. Add a new note: "Lots 7-12 contain a Nampa Meridian Irrigation District easement for the Sky Pilot Drain."Also,include information about the anticipated license agreement with NMID,including the recorded instrument number of the agreement, and the specifics of what is and isn't allowed in the easement area. h. Depict a 5-foot wide detached sidewalk along N. Black Cat Rd. as requested by ACHD and agreed up by Planning Staff to match the width of the existing sidewalk to the north& south. 5. The landscape plan prepared by Rodney Evans+Partners, dated 9/18/24 included in Exhibit C, shall be revised as follows: a. Include mitigation information for all existing trees being removed from the site in accord with the standards listed in UDC I 1-313-1OC.5. Page 7 b. Depict landscaping along each side of all pathways in accord with the standards listed in UDC 11-313-12C.Note:IfNMID will not allow trees within the easementfor the Sky Pilot Drain adjacent to the multi-use pathway, alternative compliance may be requested to this standard. c. Change the fencing type along the western boundary of the site adjacent to the common open space in Tricia's Crossing subdivision to open vision or semi-private up to 6-feet in height or if closed vision fencing is proposed,it can't exceed 4-feet in height, as set forth in UDC 11-3A-7A.7b. d. Depict a variety of trees, shrubs, lawn or other vegetative ground cover in Lots 9& 11 in accord with UDC 11-3G-513.3. e. Depict a 10-foot wide multi-use pathway along the southern boundary of the site on Lot 8 in accord with the Pathways Master Plan. 6. The existing home 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- 48 per requirement of the development agreement. 7. The address of the existing home shall change with development of the subdivision per requirement of the development agreement. 8. A new garage with a minimum of two (2) parking spaces shall be constructed for the existing home in accord with the off-street parking standards listed in UDC Table 11-3C- 6 for single-family detached dwellings. The garage shall be constructed prior to City Engineer signature on the final plat per requirement of the development agreement. 9. The rear and/or sides of new homes facing N. Black Cat Rd. shall incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs,pop-outs),bays,banding,porches,balconies,material types,or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public streets per requirement of the development agreement. 10. All homes shall be limited to a single-story in height with a bonus room above the garage with all windows facing the front of the lots as proposed by the Developer per requirement of the Development Agreement. 11. All homes shall include brick/stone veneer accents on the street-facing elevations, per requirement of the Development Agreement. 12. A license agreement shall be required with Nampa&Meridian Irrigation District in order for future structures (homes and/or fences) on Lots 7-12, Block 1 to encroach within the 50-foot wide Sky Pilot Drain easement, measured from centerline of the pipe per requirement of the Development Agreement. Submit a recorded copy of the approved license agreement with NMID that details what encroachments (if any) are allowed within the 50-foot wide Sky Pilot Drain easement. 13. All irrigation ditches, laterals, sloughs or canals, including the Sky Pilot Drain, crossing this site shall be piped or otherwise covered as set forth in UDC 11-3A-6B.3,unless waived by City Council. 14. Except for the existing home, all other existing structures shall be removed from the site prior to submittal of the final plat for City Engineer signature. 15. The common driveway on Lot 11 shall comply with the standards listed in UDC 11-6C- 3D and the exhibit in Section VIII.D. Page 8 16. 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. See the Agency Comments folder in the public record for additional comments applicable to this development. Page 9 W IDIAN� AGENDA ITEM ITEM TOPIC: Development Agreement (Firenze Plaza H-2024-0007) Between City of Meridian and First Meridian Limited Partnership for Property Located at 3182 E. Mount Etna Dr. ADA COUNTY RECORDER Trent Tripple 2024-063336 BOISE IDAHO Pgs=36 BONNIE OBERBILLIG 11/07/2024 08:03 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. First Meridian LP, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement") is made and entered into this 6th day of November , 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 First Meridian LP, whose address is 1556 Parkside Drive, Walnut Creek, California 94596, 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, 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#2017- 041827, 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—FIRENZE PLAZA H-2024-0007 Page 1 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 10t'of September, 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. #2017-041827) 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 that 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: DEVELOPMENT AGREEMENT-FIRENZE PLAZA H-2024-0007 Page 2 of 8 3.1 CITY: means and refers to the City of Meridian, a parry 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. 3.2 OWNER/DEVELOPER: means and refers to First Meridian LP, whose address is 1556 Parkside Drive, Walnut Creek, California 94596, 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 existing Development Agreement recorded in Ada County as Instrument#2017-041827,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 this site shall be generally consistent with the Concept Plan B and conceptual building elevations included in Section VIII of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit`B" and the provisions contained herein. 6. APPROVAL PERIOD: If this Agreement has not been fully executed within six(6) months after the date of the Findings, the City may, at its sole discretion, declare the Agreement 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 DEVELOPMENT AGREEMENT-FIRENZE PLAZA H-2024-0007 Page 3 of 8 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. 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 § 67-6511A, 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. DEVELOPMENT AGREEMENT-FIRENZE PLAZA H-2024-0007 Page 4 of 8 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. 10. 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. 11. 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. 12. 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. 13. 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: First Meridian LP 1556 Parkside Drive Walnut Creek, CA 94596 13.1 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. 14. 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 DEVELOPMENT AGREEMENT-FIRENZE PLAZA H-2024-0007 Page 5 of 8 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. 15. 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 parry so failing to perform. 16. 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 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. 17. 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. 18. 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. 19. 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. 20. 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. 21. 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 DEVELOPMENT AGREEMENT-FIRENZE PLAZA H-2024-0007 Page 6 of 8 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. 21.1 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. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective upon execution of the Mayor and City Clerk. [End of text. Acknowledgements, signatures, and Exhibits A and B follow.] DEVELOPMENT AGREEMENT-FIRENZE PLAZA H-2024-0007 Page 7 of 8 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: First Meridian Limited Partnership, a Wyoming limited partnership, By: Pacific Holdi c., alifornia orporati n, it ge ral partner By. Darryl r an,President State of �20 4 County of ) On this day of ,2024,before me,the u rsigned,a Notary Public in and for said State,personally appeared ,known or identified to in o be the of First Meridian LP and the person who signed above and acknowledged to me that the executed the same. IN WITNESS WHEREOF,I have hereunto set my h d and affixed my official seal the day and year in this certificate first above written. Ste cm . `e � (SEAL) Notary Public My Commission Expires: CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 11-6-2024 Chris Johnson, City Clerk 11-6-2024 STATE OF IDAHO ) ss County of Ada ) On this 6th day of November 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 sane. 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) Notary Public for Idaho 3-28-2028 My Commission Expires: DEVELOPMENT AGREEMENT-FIRENZE PLAZA H-2024-0007 Page 8 of 8 CALIFORNIA 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 (�1�11��3 two I On �C t1, �1 before me, "k-41 uG Date Here Insert Name and Title of the O icer personally appeared t2 �uwj Name(,c,Kbf Signer) 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 ALLISON D.KLEIN paragraph is true and correct. *my Notary Public-California Contra Costa County Commission#2417438 WITNESS my had and official seal. Comm.Expires Oct 19,2026 Signature Place Notary Seal and/or Stamp Above Signature of N tary ublic OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended documen Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ;pCoer1rp s Name: ❑ Corporate Officer—Title(s): orate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in F El Individual El Attorney in Fact ❑ Trustee ❑ Gua ' or Conservator ❑ Trustee ❑ Guardian or Conservator ❑ O r: ❑ Other: Signer is Representing: Signer is Representing: 02019 National Notary Association `� OF!rAj�% LEGAL DESCRIPTION sr-- THE Exhibit "A" oLAND EXHIBIT A GROUP March 4, 2024 Project No.: 123143 DEVELOPMENT AGREEMENT MODIFICATION FIRST MERIDIAN LP An area of land being Lots 1, 2, 3 &4, Block 2 of Firenze Plaza Subdivision, as same is shown in the official plat thereon, recorded in Book 124, Page 19867,Ada County records, located in 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: COMMENCING at the South One Sixteenth corner of said Section 29, (from which point the Southeast corner of said Section 29, bears South 00' 37' 07" West, 1321.29 feet distant); thence North 89° 39' 52" West,48.00 feet,to a point on the westerly right of way line of South Eagle Road;thence on said westerly right of way line,South 00°37'07" West, 230.27 feet,to a point common to the northeast corner of said Lot 4, Block 2 and the northeasterly corner of said Firenze Plaza Subdivision AND the POINT OF BEGINNING: Thence continuing of said westerly right of way line,South 00°37'07"West, 7.76 feet; Thence South 04' 22' 57" West, 144.71 feet; Thence South 00'37' 07" West, 81.76 feet; Thence South 51'56' 30" West, 34.58 feet; Thence South 00'37' 07" West, 19.09 feet; Thence North 89° 22' 53" West, 6.00 feet; Thence South 00°37' 07" West, 1.00 feet,to a point common with the northerly right of way line of East Mount Etna Drive; Thence on said northerly right of way line, North 89' 22' 53"West,273.80 feet; Thence leaving said northerly right of way line, North 00°37'07" East,274.02 feet; Thence South 89°40' 14" East,316.30 feet,to the POINT OF BEGINNING. The above-described area of land contains 1.933 acres (84,225 Ft2), more or less. PREPARED BY: The Land Group, Inc. o�pC_ENS LA Michael Femenia, PLS ��G o� P. � 5 2 s �lTE OF 2U2�i- 462 East Shore Drive, Suite 100, Eagle, Idaho 83616 208.939,4041 thelandgroupinc.com D.A. Modification for First Meridian LP Situate in a portion of the SE 1/4 of the SE 1/4 of Section 29, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho 2024 L1 S1/16 COR SEC 29 I ICr I 3: NCl) O I O ti M ABS ID-0 LLC N o APN:S1129449355 _ S89°40'14"E_316.30' POB ` ',p,L LA EN S00°37'07"W 7.76' o ,.e s NTgTFOF Q' DA MOD I IIN coIAEi S. All' °1.933 Acres±Nw O M of Line Table g I BLOCK LINE BEARING LENGTH I OI I I I o � L1 N89°39'52"W 48.00' 2 I L 1 I I L2 S51°56'30"W 34.58' o r w I L3 S00°37'07"W 19.09' /co 1�1 Eli L4 N89°22'53"W 6.00' —L5 I I L5 S00°37'07"W 1.00' N89°22'53"W 273.80, L4 co E. Mount Etna Dr. S00°37'07"W 60.00' R/W R/W R/W--7� SE COR SEC 29 Exhibit "B„ 80 160 Horizontal Scale: 1"=80' Project No.:123143 Date of Issuance:March 4,2024 2 ' ' THE Development Agreement Modification 0— ' LAND First Meridian LP Mda r E� _ GROUP Firenze 2 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAl`��- AND DECISION& ORDER A 3 In the Matter of the Request for Conditional Use Permit(CUP) and modification of the existing Development Agreement(MDA),by Aaron Zuzack,Browman Development Company, Inc. Case No(s). H-2024-0007 For the City Council Hearing Date of: August 27,2024 (Findings on September 10, 2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of August 27,2024,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of August 27, 2024, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of August 27, 2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of August 27, 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. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of August 27,2024, incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(FIRENZE PLAZA CUP MDA H-2024-0007) - 1 - 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 CUP and MDA is hereby approved per the conditions of approval in the Staff Report for the hearing date of August 27,2024, 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 1I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two(2)year period.Additional time extensions up to two(2)years as determined and approved by the City Council may be granted.With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-513-6F). FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(FIRENZE PLAZA CUP MDA H-2024-0007) -2- Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-6521(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67,Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of August 27,2024 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(FIRENZE PLAZA CUP MDA H-2024-0007) -3- By action of the City Council at its regular meeting held on the 10th day of September 2024. COUNCIL PRESIDENT LUKE CAVENER VOTED AYE COUNCIL VICE PRESIDENT LIZ STRADER VOTED AYE COUNCIL MEMBER DOUG TAYLOR VOTED AYE COUNCIL MEMBER JOHN OVERTON VOTED AYE COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED AYE COUNCIL MEMBER BRIAN WHITLOCK VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert . Si son 9-10-2024 Attest: (� 6�� SF,AL Chris Johns 9-10 64 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. 9-10-2024 By: Eha.2 a� t 1 1 Dated: City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(FIRENZE PLAZA CUP MDA H-2024-0007) -4- STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 8/27/2024 Legend DATE: Project Location . , TO: Mayor&City Council FROM: Linda Ritter,Associate Planner r 208-884-5533 SUBJECT: H-2024-0007 Firenze Plaza—MDA, CUP .. , LOCATION: 3182 E Mount Etna Drive in the SE 1/4 of the SE 1/4 Section 29,Township 3N., - Range 1 E. I. PROJECT DESCRIPTION Modification to the existing Development Agreement(DA) (Inst. 42017-041827)to include new owners' information and revised concept plans for the four(4)commercial lots north of E.Mount Etna Drive.A Conditional Use Permit is being requested for a 3,320 square foot bank with drive- through for an automatic teller machine(ATM). II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 1.933 acres Future Land Use Designation Mixed-Use Community(MU-C) Existing Land Use Commercial Proposed Land Use(s) Commercial Current Zoning Community Business District(C-C) Physical Features(waterways, NA hazards,flood plain,hillside) Neighborhood meeting date;#of 12/12/2023 attendees: History(previous approvals) AZ,CPAM,PP(H-2016-0102);DA Instr.#2017-041827;FP(2019-0067) 1 1 - 1 miu'nr�d=�s� I{IIIIIIIIIIIO+III■ IIIgIr� ,�f�r�f���r�� - i � - _uu1�unnnm�i ■�. un11- nm �1 ui ini ini_- unn nnn uu nn-pIJ IIIP .�...r Ilrlll �v nuuinm uu %_ -- �_■111111111� :::■IIIr■+r1" �fP■r/1111 :-p.�e- =uuuwul : :�■r-nq.a_t��L-- -r II': - a Legend Legend Project Location Project Location IF u■■�f��jJd�ri±fllll un11111111`L ■ 1 �11 ��Ijr��y �Q Iiiil J• \\. •en • I � ��r►4V1+ nwi = 71 • ( 5`1Lu it y rIl nLn1 Ina L~�y*1'BIl �im � II N. 111�1 i1II1l�I� �: momTY�■■■■1 Q . �IIIIIIIIIIIIIIIIIIP�_ �■ �1=_puuuu y 1 ■ -1=mHiuuull Illlllm �` 1111► uuuumlJIM . Y•. 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APPLICANT INFORMATION A. Applicant: Aaron Zuzack,Browman Development Company,Inc.— 1556 Parkside Drive,Walnut Creek, CA 94596 B. Owner: Same as Applicant C. Agent/Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 07/02/2024 8/6/2024 Radius notification mailed to properties within 500 feet 6/25/2024 8/5/2024 Public hearing notice sign posted 7/8/2024 8/9/2024 on site Nextdoor posting 6/25/2024 8/6/2024 V. COMPREHENSIVE PLAN(HTTPS://WWW.MERIDIANCITY.ORGICOMPPLAN): A. Future Land Use Map Designation(ht(ps://www.meridiancity.or /g compplan) This property is designated Mixed Use Community on the Future Land Use Map(FLUM). The purpose of this designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings.Non-residential buildings in these areas have a tendency to be larger than in Mixed Use Neighborhood areas,but not as large as in Mixed Use—Regional areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to,but also walk or bike to(up to three or four miles). Employment opportunities for those living in and around the neighborhood are encouraged. Sample zoning include: R-15,R-40,TN-R, C-C and L-O. No changes to the FLUM designation or zoning is proposed with this application. B. Comprehensive Plan Policies (https://www.meridiancity.or /g compplan): 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): • "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) Existing city water and sewer service are available at this location. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) A bank with a automatic teller machine and retail building does not conflict with the existing land uses in the area. • "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) With development a twenty-five (25)foot landscaped street buffer will be required along the northern property line to buffer the commercial property from the residential zoning district in accord with UDC 11-3B-9 standards. Staff is also requiring a six(6)foot privacy fence be placed along the northern boundary adjacent to the residential property. • "Require appropriate landscaping,buffers,and noise mitigation with new development along transportation corridors(setback,vegetation, low walls,berms, etc.)."(3.07.01 C) A 25 foot wide landscape buffer and fence will be required to be provided with development along the property boundaries adjacent to the residential property. Landscaping along S. Eagle Road was installed with the development of the the plat. The developer will be required to protect the existing landscaping during development of the properties. Landscaping shall be installed per UDC Table 11-2B-3 and 11-3B-9. • "Reduce the number of existing access points onto arterial streets by using methods such as cross- access agreements, access management, and frontage/backage roads,and promoting local and collector street connectivity."(6.01.02B) Access to the property is via E. Mount Etna Drive, a local road. There is no direct access to S. Eagle Road from the property. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Curb, gutter and sidewalk was constructed with the development of the Firenze Plaza subdivision (FP-2019-0067). Hook-up to City water and sewer service was a requirement of the approved plat. • "Support beautiful and high quality development that reinforces neighborhood character and sustainability."(5.01.02) The design of the building fits in with the surrounding area and neighborhood character. Staff reviewed and approved the design of the building proposed for Chase Bank to be located on the parcel addressed as 3182 N. Mount Etna Drive. VI. STAFF ANALYSIS The applicant is requesting a Conditional Use Permit and modification of the existing Development Agreement to reflect the change in ownership and change the layout of the parcels to include a bank with a drive through ATM and a retail tenant building with or without a drive through use. Instead of the property lay out with 4 buildings comprising of 20,000 square feet,the applicant is proposing two buildings (3,320 square foot bank with drive through ATM and a 4,900 square foot multi-tenant commercial building with a drive-through or a 7,600 square foot multi-tenant commercial building without a drive through).A maximum total of 11,000 square feet of retail/commercial uses which is a reduction of more than 9,000 square feet of allowable buildable area. A Conditional Use Permit is require for the ATM drive through.All uses shall be required to meet the UDC standards for the C-C zoning district. The proposed bank ATM drive through is subject to the following Specific Use Standards(UDC 11-4-3- 11)—Drive-Through Establishment: (Staff analysis in italics) A. A drive-through establishment shall be an accessory use where the drive-through facility (including stacking lanes, speaker and/or order area,pick up windows, and exit lanes)is: 1. Not within three hundred three hundred(300) feet of another drive-through facility, a residential district, or an existing residence: or 2. Separated by an arterial street from any other drive-through facility,residential district or existing residence; or 3. Not within the O-T zoning district. Otherwise a conditional use permit is required. B. All establishments providing drive-through service shall identify the stacking lane,menu and speaker location(if applicable), and window location on the certificate of zoning compliance or the conditional use permit. Speakers are prohibited in the O-T zoning district. The site plan shown is Exhibits B provide the location of the stacking lane for the proposed ATM. Speakers and menu boards are not being proposed. C. 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 driveways, drive aisles, and the public right-of-way by patrons. 2. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking, except stacking lanes may provide access to designated employee parking. 3. The stacking lane shall not be located within ten(10)feet of any residential district or existing residence. 4. Any stacking lane greater than one hundred 100 feet in length shall provide for an escape lane. 5. The site should be designed so that the drive-through is visible from a public street for surveillance purposes. The drive through is visible from S. Eagle Road. D. The applicant shall provide a six-foot sight obscuring fence where a stacking lane or window location adjoins a residential district or an existing residence. Dimensional Standards (UDCL1-2): The proposal would meet the dimensional standards for setbacks, landscape buffers,parking and height requirements. Staff ,finds the proposed bank with an ATM drive through if approved at this location would be compatible with the existing surroundings and integrate into the community. Hours of Operations(UDC 11-213-313): The UDC(11-2B-3B)limits business hours of operation in the C-C zoning district from 6:00 a.m. to 11:00 p.m. when the property abuts a residential use or district; extended hours may be requested through a CUP. These restrictions apply to all business operations occurring outside an enclosed structure,including,but not limited to,customer or client visits,trash compacting, and deliveries. These restrictions do not apply to business operations occurring within an enclosed structure,including,but not limited to,cleaning,bookkeeping, and after hours work by a limited number of employees. The bank hours are within the required operating hours; however, the drive-through and walk-up ATM will be available twenty-four(24) hours/seven (7) days a weeks. Self-Service Uses(UDC 11-3A-16) Any unattended, self-service uses,including,but not limited to,laundromats, automatic teller machines(ATMs),vehicle washing facilities,fuel sales facilities, and storage facilities, shall comply with the following requirements. The Meridian Police Chief or designee may approve alternative standards where it is determined that a similar or greater level of security is provided. A. Entrance or view of the self-service facility shall be open to the public street or to adjoining businesses and shall have low impact security lighting. B. Financial transaction areas shall be oriented to and visible from an area that receives a high volume of traffic, such as a collector or arterial street. C. Landscape shrubbery shall be limited to no more than three(3)feet in height between entrances and financial transaction areas and the public street. Staff ,finds the proposed bank with an ATM drive through if approved at this location meets the above requirements. Access(UDC 11-3A-3,11-3H-4)• Access to the site is from E.Mt. Etna Drive via S. Eagle Road. There is no direct access to the property from S. Eagle Road. The applicant is requesting to relocate the entrance to the property further west. ACHD has approved the applicant's request to relocatate the existing entrance to the property. However;staff is not in support of this proposal as the improvements have been installed and it interfers with the cross access that was approved with the recorded plat. Utilites have already been installed and would need to be relocated. Staff recommends the concept plan be revised to keep the access in its current location. Parking(UDC 11-3C): A minimum of one(1) off-street parking space is required for every 500 square feet(sf.) ofgross floor area of the office space. Based on 3,182 sf., a minimum of six(6)parking spaces is required. A total of thirty-two (32)parking spaces are proposed, exceeding UDC the minimum standards. A minimum of one(1) bicycle parking space is required for every 25 vehicle parking spaces per UDC 11-3C-6G. Based on thirty-two (32) vehicle parking spaces, a minimum of two (2) bicycle parking spaces is required.A bicycle rack has been depicted on the landscape plan. Sidewalks(UDC 11-3A-17): Sidewalks were installed with the approved Firenze Plaza subdivision along Eagle Road and E. Mt. Etna Drive. The applicant is proposing to relocated the entrance further west on E. Mt. Etna Drive. Landscaping(UDC 11-3B): There is an existing twenty-five (25)foot landscape buffer with a ten (10)foot detached sidewalk along N. Eagle Road an arterial street. The applicant is proposing a sixteen (16)foot landscape buffer along E.Mt. Etna Drive with a five (5)foot detached sidewalk when they relocate the entrance to the property further to the west. The applicant is also proposing a twenty-five(25) foot landscape buffer along the west property line as a buffer to the residential uses with a seven (7)foot sidewalk. Landscaping shall be installed per the standards listed in UDC 11-3B-7, UDC 11-3B-8 and UDC 11-3B-9C. The applicant shall protect the existing landscaping during construction. Fencing(UDC 11-3A-6,11-3A-�• The applicant is proposing a privacy fence along the boundary to the west and north of the properties. The fence shall meet the requirements of UDC 11-3A-7. Outdoor Lighting(UDC 11-3A-11) All outdoor lighting is required to comply with the standards listed in UDC 11-3A-IIC. 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 I in UDC 11-3A-11 C. Utilities(UDC 11-3A-21): Water and sewer services were installed with the development of the Firenze Plaza subdivision. Any stubs not used should be abandoned per City requirements. Location of water meter should not be in a drive or walking path and should be in a landscaping area. The City requires twenty (20)feet easements for mains, hydrant laterals and water services. Easements should extend up to the end of main/hydrant/water meter and ten (10)feet beyond it. Current water stub easement does not meet City's current standards and should be updated.No trees or permeant structures are allowed in utility easements. Structure and Design Standards (UDC 11-3A-19 I Architectural Standards Manual): Building elevations were submitted for the proposed Chase Bank as shown in Section VIII(F). Building materials consist of smooth face CMUpanels, glass, and fiber cement. Staff has reviewed the design which complies with the design standards in the Architectural Standards Manual(ASM). Upon approval of the Conditonal Use Permit approval of the Design Review shall be issued. Conceptual design was submitted for the retail building aspart of the Development Agreement Modification. Final plans will be submitted for review and approval prior to building permit submittal. DEVELOPMENT AGREEMENT MODIFICATION(MDA) The Applicant is requesting a modification to the existing Development Agreement Inst. #2017- 041827 to update the owner's information and revise the concept plan, elevations, site and landscape plans north of Mt. Edna Drive to reduce the commercial square footage from 20,000 square feet to 11,000 square feet, a reduction of 9,000 square feet. The applicant submitted two concept plans with the DA modification. The concurrent CUP is only approving the drive-through on the southern portion of the development for the proposed bank. Staff is not in support of another drive-through on the northern property and therefore does not support Concept Plan A. The applicant has provide a legal description for the boundary of the new DA. Staff recommends the following DA provison be included in the new DA: 1. Revision of the concept plan to show the entrance to the property at its current location. 2. Eliminate the concept plan showing the drive through on the northern property. EXISTING SITE PHOTOS a. VII. DECISION A. Staff: Approval: Staff recommends approval of the proposed modification to the Development Agreement and Conditional Use Permit per the DA provisions and conditions in Sections IX and the Findings in Section X. B. The Meridian Planning&Zoning Commission heard these items on July 18,2024. At the public hearing,the Commission moved to recommend approval of the subject Conditional Use Permit and Development Agreement Modification requests. 1. Summary of Commission public hearing_ a. In favor: Aaron Zuzack,Tamara Thompson b. In opposition: Romeo Gervais,Andrea Covolo,Joy Livingston C. Commenting: Romeo Gervais d. Written testimony: Andrea Covolo,Joy Livingston e. Staff presenting application: Linda Ritter,Associate Planner f. Other Staff commenting on application: Bill Parson,Planning Supervisor 2. Key issue(s)of public testimony a. Drive-through next to residential parcel,relocation of the existing access point 3. Key issue(s)of discussion by Commission: a. Entrance location and drive-through on the north property 4. Commission change(s)to Staff recommendation: a. Include Concept Plan A and remove the condition to leave the entrance in its current location. 5. Outstanding issues for City Council: a. None C. The Meridian Citv Council heard these items on August 27.2024.At the public hearing.the Council moved to approve the subject Conditional Use Permit and Development Agreement Modification request. 1. Summary of the City Council public hearing: a. In favor: Applicant.Aaron Zuzack,Tamara Thompson b. In opposition: None c. Commenting: Romeo Gervais d. Written testimony: None other than those written for the Planning and Zoning Commission public hearing. e. Staff presenting application: Linda Ritter.Associate Planner f. Other Staff commentingon pplication: None 2. Key issue(s)of public testimony: a. Type of business being proposed for the property 3. key issue(s)of discussion by City Council: a. Circulation,pedestrian focus, development and the proposed concept plan for the type of business being proposed 4. City Council change(s)to Commission recommendation. a. Council modified DA provision VIII. EXHIBITS A. Existing Site Plan (5/26/2016) I ' I I I I ©©PMiWmy PlAt-NL WIo Olire i OMbW CoFoMonirl Site f99m12 _.,. •_ E rM11iM o - aRF F V 8 tzrr 'PP1.02 B. Proposed Conditional Use Permit Site Plan (4/18/2024) is is fl—w II ---------- ---- --- --------- 41& 8 MAU C. Proposed DA Modification Site Plan A and B(4/18/2024) NOT APPROVED sup Aff O o A A" QH u. NEE. Any, CIAO L TH, ILA M.,OP Zr .. .......... 'Wrr" E D E in M7- C2.00 D. New DA Legal Description LEGAL DESCRIPTION ►A012 T HE Exhibit"A" LAND GRDUP March 4,2C24 Project No..123141 DEVELOPMENT AGREEMENT MODIFICATION FIRST MERIDIAN LP An area of land being Lots 1,2,3&4,Block 2 of Firenze Plaza Subdivision,as same is shown in the official plat thereon,recorded in Book 124,Page 19867,Ada County records,located in 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: COM ME KING at the South One Sixteenth comer of said Section 29,(from which point the Southeast corner of said Section 29,hears South 00'37'07'west,1121.29 feet distant);thence North 89'39'52"West,49.00 feet,to a point on the westerly right of way line of South Eagle Road;thence on said westerly right of way line,South 00'37 Q7'west,210.27 feet,to a point common to the northeast corner of said Lot 4,Block 2 and the northeasterly corner of said Firenze Plaza Subdivision AND the POINT OF BEGINNING: Thence continuing of said westerly right of way line,South 00"17'07"West,7.76 feet; Thence South 04'22'S7"west,144.71 feet; Thence South 00'37 07"west,81.76 feet; Thence South 51'56'30"west,34.58 feet; Thence South 00'37 07"west,19.09 feet; Thence North 89'22'53'west,6.00 feet; Thence South 00'37'07"west,1.00 feet,to a point common with the northerly right of way line of East Mount Etna Drive; Thence on said northerly right of way line,North 99'22'53"west,273.80 feet; Thence leaving said northerly right of way line,North 00°37'07"East,274.02 feet; Thence South 89°40'14"Fast,316.30 feet,to the POINT OF BEGINNING_ The above-described area of land contains 1.913 acres(84,225 Ft'),more or less. PREPARED BY: LLA The Land Group,Inr. pTt`f' Michael Femenia,PLS 0 b3 L ZU2# 462 East Shore Drive.Suite 1DO.Eagle.Idaho 93816 200.939.4941 thelandgroulaina."M D.A. Modification for First Meridian LP Situate in a portion of the SE 1r4 of the SE 1'4 of Seetioe 29, Township 3 Harth,Range 1 East,Boise Meridian,Clay of Meridian, Ada County,Idaho 2024 L1 1 I 8116 CDR SEC 29 I� ABS IM LE I � � G f APN'1 ?M9355 POP S89'417'14"E 316.38' _ _ I 4��NL LA � 50"N7'YY 7.78' f DAM6Q r zs 1.933 Acres± a I Line Table SI I LINE BEARING LENGTH I I � Ll '293�1srw 49.0 II I Q 2 � I � L2 561'5630w 34�9• o tr� r L3 50T370J�Y 1B.J9' II by L4 W225M aw _ LS S00'3T m 1AP 789-22'53'W 273.0 L4 E. ]Mount Etna Dr, 504"37'07'W 69_G6' fL1N— R-W— R+W I 5E COR SEC 29 a r Exhibit "'B" L � Horllarltal Scale:1'=3G' Peo�SclN�:123}43 � � rJa6e of Issuaflce:Mach 4.2D24 f THE Development Agreement Modification LARD First Meridian LP s3� MW Firenze 2 E. Existing DA Concept Landscape Plan (10/12/2016) I 1 �n. I � I I I 1 � — I i --i---------------------------= 3. PgtlBe M!l PIY-iR E4w 00ye d OPAsU Landscape Plan I.WEaYa wqe �. I�aP.iWYaw: _.. a �w„„,...,.�.....n.. ❑lam ,.._...-..__,..... �PIAHC 5CHEQVLE W,��..........�.. �tPAE F. Perimeter Fence Detail (6/27/2024) Fireawe Plan Phase z NW Eagle A Mnant E—Dw, Fence oetags wn�wigos�Ea vMCEAu wwaw aaenneosopwm � eoaeoe III Ill.l au01vi'�oarea __ ao.,o.,o�o�..ew. III � � III ourt+n r�.¢wss VI VI 1 1 PERIMETER FENCE ELEVATION PERIMETER FENCE PLAN DETAIL A0.5 I"_+'-0' Ass „o-la- G. Proposed Conditional Use Permit Landscape Plan(3/01/2024) 25------------------ is 0 � �eE L2.00 H. Building Elevations Concept A(11/30/2023) f. 1 iRT9 ��S91IFH EMRKR ELEVATION - E%IE7tl0(t FlIa¢aFs. - 1P4-9 r �,,;a+�• WEST E%TERIOR E�.FV+�T!Q CHASE1� _- -_ .._._..-._. ,. ,. u..„.. �,��M- ,..o.E.......,�. WkRE nay coMa 7 TTT T ss CHASE �r�NORTH ExTERIOR ELLVA*JN EXTERIORfINBHES n4o---�70 12-5 ()W;EgMQA ELEVATION CHASE 0 I. Building Elevations Concept B(3/06/2024) WEST ELEVATION L L N01171-1 ELEVATION SOUTH ELEVATION IAP ELEVA TION J91 El- EXTERIOR FINISHES IX. CITY/AGENCY COMMENTS A. PLANNING DIVISION 1. Development Agreement Modification :S-i3nvi-cv the City Getmcrizrccci=af�,-the-ccppiicccirc shall Prvvicrc-txrcic=v4accc ccc3:riir the c*rJcar�t-Cvcucrvir. 1.1 The new 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 Concept Plan A-ef B and conceptual building elevations included in Section VIII and the provisions contained herein. 2. Conditonal Use Permit 2.1 The Applicant shall comply with the specific use standards listed in UDC 11-4-3-11 —Drive- Through Establishment. 2.2 The Applicant shall comply with the specific use standards listed in UDC 11-3A-16—Self- Service Uses. 2.3 Outdoor lighting shall comply with the standards listed in UDC 11-3A-11. Lighting details shall be submitted with the Certificate of Zoning Compliance application that demonstrate compliance with these standards. 2.4 The applicant shall install the privacy fence as shown on the approved site and landscape plans that is adjacent to the residential parcel to mitigate noise and glare from headlights of vehicles utilizing the proposed drive-through per UDC 11-3A-7. 2.5 Protect the existing landscaping on the site during construction,per UDC 11-3B-10. 2.6 The facility hours of public operation shall be limited to 6:00 a.m. to 11:00 p.m. because the property abuts a residential zoning district per UDC 11-2B-3B. 2.7 Prior to building permit submittal,the Applicant shall obtain Certificate of Zoning Compliance(CZC) and Design Review approval. 2.8 The s4e .,n 1.,.,1se plans submitted with the Ceffif eme f Z,,ni C,,,,, 1;.,„ shall deviet the followine a. The aeoess to the pr-opet4y in it's ouffent leemien. 2.8 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 11-513-6F. B. PUBLIC WORKS https:llweblink.meridianciU.or lWebLinkIDocView.aspx?id=349838&dbid=0&repo=MeridianC C. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridianciU.org/WebLink/DocView.aspx?id=354401&dbid=0&repo=MeridianC Lty D. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridian city.org/WebLink/Doc View.aspx?id=352867&dbid=0&repo=MeridianC hty E. BOISE PROJECT BOARD OF CONTROL(ITD) https://weblink.meridiancity.org/WebLink/Doc View.asp x?id=352034&dbid=0&repo=MeridianC hty F. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridianciU.orkIWebLinkIDocView.aspx?id=353876&dbid=0&repo=MeridianC Lty G. KUNA SCHOOLS https://weblink.meridiancity.orglWebLink/Doc View.aspx?id=349955&dbid=0&repo=MeridianC Lty X. FINDINGS Conditional Use(UDC 11-5B-6) Findings: The commission shall base its determination on the conditional use permit request 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. Council finds the site is large enough to accommodate the proposed use (i.e drive-through establishment)and can meets all of the dimensional and development regulations of the C-C zoning district. 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. Council finds the proposed use (i.e. drive-through establishment) will be harmonious with the Meridian Comprehensive Plan. 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. Council finds 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 (i.e. drive-through establishment) will not adversely change the essential character of the same area with the addition of a 25 foot landscape buffer and the addition of a privacy fence or wall. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. Council finds that the proposed use (i.e. drive-through establishment) will not adversely affect other property in the vicinity. 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. Council finds the proposed use can be served by essential public facilities and services as required; the proposed use(i.e. drive-through establishment) will not have an impact to the provision of services. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. Council finds the proposed use (i.e. drive-through establishment) will not create additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. 7. That the proposed use will not involve activities or processes,materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise, smoke, fumes, glare or odors. Council finds the proposed use (i.e. drive-through establishment), will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic, noise, smoke,fumes, glare or odors. 8. That the proposed use will not result in the destruction,loss or damage of a natural, scenic or historic feature considered to be of major importance. (Ord. 05-1170, 8-30-2005,eff. 9-15-2005) Council finds the proposed use (i.e. drive-through establishment) will not result in the destruction, loss or damage of any such features. 9. Additional findings for the alteration or extension of a nonconforming use: a. That the proposed nonconforming use does not encourage or set a precedent for additional nonconforming uses within the area; and, This finding is not applicable. b. That the proposed nonconforming use is developed to a similar or greater level of conformity with the development standards as set forth in this title as compared to the level of development of the surrounding properties. This finding is not applicable. V IDIAN� AGENDA ITEM ITEM TOPIC: Award of Bid and Resulting Contract for the Wastewater Resource Recovery Facility Tertiary Filtration Facilities —Construction project to RSCI, Inc. for the Not-To-Exceed amount of$31,047,000.00 with $22,500,000.00 funded in Fiscal Year 2025 and $8,547,000.00 funded in Fiscal Year 2026 C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts, Procurement Manager Meeting Date: 11/6/2024 Presenter: N/A Estimated Time: N/A Topic: Award of Bid and resulting Contract for the WRRF Tertiary Filtration Facilities - Construction project to RSCI, Inc. for the Not-To-Exceed amount of$31,047,000.00 with $22,500,000.00 funded in FY25 and $8,547,000.00 funded in FY26. Recommended Council Action: Award of bid and authorize the Procurement Manager to sign the contract and resulting P0. Background: This bid was open for nine (9) weeks. We had a large number of contractors looking at it. Three bids were received. The difference between the low bidder and 2nd low bidder was $928,000 which equates to 3.1%, not a bad spread for a $31 million dollar bid. Low bid was $31,047,000 and 2nd was 31,975,000 CONTRACT FOR PUBLIC WORKS CONSTRUCTION WRRF TERTIARY FILTRATION FACILITIES - CONSTRUCTION PROJECT# 11281.G THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 6t" day of November, 2024, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "City", 33 East Broadway Avenue, Meridian, Idaho 83642, Record Steel and Construction, Inc. hereinafter referred to as "Contractor", whose business address is 333 W. Rossi St., Suite 200, Boise ID, 87306 and whose Public Works Contractor License # is PWC-C-12164. INTRODUCTION WHERAS, the City has a need for services involving Waste Water Plant Construction; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 Contractor shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty-free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. WRRF Tertiary Filtration Facilities - Construction page 1 of 15 Project#11281.G 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and City laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1 .4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not-To-Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $31,047,000.00. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups or material escalations. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Funding: Funding for this project will be split between two (2) fiscal years, 2025 (Oct. 2024— Sept. 205) $22,500,000.00 and 2026 (Oct. 2025 — Sept. 2026) $8,547,000.00. The amounts beyond September 2025 have not yet been appropriated by the City. Contractor may NOT expend more than the amount specified and approved for a specific fiscal year. Any and all additional expenditures beyond the current fiscal year MUST be approved WRRF Tertiary Filtration Facilities - Construction page 2 of 15 Project#11281.G by City Council and memorialized by a written amendment or change order to this Agreement. 4. Term: 4.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. 4.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 4.3 Should City fail to timely remit payment to Contractor as provided in Section 28, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 5. Liquidated Damages: SUBSTANTIAL COMPETION The public works construction delineated in Exhibit A ("Project") shall be considered substantially complete when the City has full and unrestricted use and benefit of the Project, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the Project ("Substantial Completion"). Substantial Completion shall be accomplished within 577 (five hundred seventy seven) calendar days from Notice to Proceed ("Substantial Completion Date"). Contractor acknowledges and agrees that Contractor's failure to accomplish Substantial Completion by the Substantial Completion Date will cause the City to incur substantial economic damages and losses of types and in amounts which are impossible to ascertain and compute with certainty, including, but not limited to, regulatory fines and penalties, and the liquidated damages set forth herein represent a fair, reasonable, and appropriate estimate of said economic damages and losses. Accordingly, in lieu of actual damages for Contractor's failure to accomplish Substantial Completion by the Substantial Completion Date, Contractor shall be liable to the City for any delay beyond the Substantial Completion Date in the amount of $1 ,500.00 (one thousand five hundred dollars) per calendar day. Liquidated Damages shall increase to $2,500.00 (two thousand five hundred dollars) per calendar day starting July 31, 2026. Such payments shall be construed to be liquidated damages in lieu of any claim by the City against the Contractor for damages because of such delay and shall not be construed as a penalty. City shall be entitled to deduct liquidated damages from any payment(s) otherwise due to Contractor under this Agreement. City shall not be required to present any evidence of the type or amount of actual damages sustained. WRRF Tertiary Filtration Facilities - Construction page 3 of 15 Project#11281.G FINAL ACCEPTANCE Upon receipt of a Notice to Proceed, the Contractor shall have 690 (six hundred ninety) calendar days to fully complete the work as described herein. Contractor shall beliable to the City for any delay beyond this time period in the amount of $1,000.00 (one thousand dollars) per calendar day. Such payment shall be construed tobe liquidated damages by the Contractor in lieu of any claim ordamage because ofsuch delay and not be construed as a penalty. Final Acceptance Liquidated Damages will run concurrent with, and are in addition to, any liquidated damages concerning Substantial Completion if Substantial Completion has not been achieved. 6. Termination: 6.1 If,through any cause,Contractor, its officers,employees,or agents failsto fulfill in a timely and proper manner its obligations under this Agreement, violatesany of the covenants, agreements, or stipulations of this Agreement, falsifies anyrecord or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if City determines that termination of this Agreement is in the best interest of City, the City shall thereupon have the right to terminate thisAgreement by giving written notice to Contractor of such termination and specifying the effective date thereof at least fifteen (15) days before the effectivedate of such termination. Contractor may terminate this agreement at any time by giving at least sixty (60) days' notice to City. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by Contractor under this Agreementshall, at the option of the City, become its property, and Contractor shall beentitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 6.2 Notwithstanding the above, Contractor shall not be relieved of liability tothe City for damages sustained by the City by virtue of any breach of this Agreement by Contractor, and the City may withhold any payments to Contractor for the purposes of set-off until such time as the exact amount ofdamages due the City from Contractor is determined. This provision shallsurvive the termination of this agreement and shall not relieve Contractor of its liability to the City for damages. 7. Independent Contractor: 7.1 In all matters pertaining to this agreement, Contractor shall be acting as an independent Contractor, and neither Contractor nor any officer, employeeor agent of Contractor will be deemed an employee of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation ofthe personnel of WRRF Tertiary Filtration Facilities - Construction page 4 of 15 Project#11281.G the City in the performance of this agreement shall be made bythe City. 7.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent Contractors and not as employees of the City. 7.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 8. SubContractors: Contractor shall require that all of its sub-Contractors be licensed per State of Idaho Statute # 54-1901 & 54-1902. 9. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. 10. Indemnification and Insurance: 10.1 Contractor shall indemnify and save and hold harmless City and it's selected officials,officers, employees, agents, and volunteers from and for any and all losses, claims, actions,judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the Contractor, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of City or its employees. Contractor shall maintain, and specificallyagrees that it will maintain throuqhout the term of this Agreement, liabilityinsurance, in which the City shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1 ,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) perincident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law. The limits of insurance shall not be deemed a limitationof the covenants to indemnify and save and hold harmless City; and if City becomes liable for an amount in excess of the insurance limits, herein provided, Contractor covenants and agrees to indemnify and save and hold harmlessCity from and for WRRF Tertiary Filtration Facilities - Construction page 5 of 15 Project#11281.G all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs andattorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable topersonal injury, death, or damage or destruction to tangible or intangible property,including use of. Contractor shall provide City with a Certificate of Insurance, or other proof of insurance evidencing Contractor's compliance with the requirements of this paragraph and file such proof of insurance with the City at least ten (10) days prior to the date Contractor begins performance of its obligations under this Agreement. In the event the insurance minimums are changed, Contractor shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 10.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. 10.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 10.4 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 10.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 10.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 10.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 11. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. WRRF Tertiary Filtration Facilities - Construction page 6 of 15 Project #11281.G 12. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho with a Best's rating of no less than A-. In the event that the contract is subsequently terminated for failure to perform, the Contractor and/or surety will be liable and assessed for any and all costs for the re-procurement of the contract services. 13. Warranty: All construction and equipment provided under this agreement shall be warranted for two(2) years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 14. Changes: The City may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of Contractor's compensation, which are mutually agreed upon by and between the City and Contractor, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 15. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a Contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 16. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: http://www.meridianCity.org/environmental.aspx?id=13618. WRRF Tertiary Filtration Facilities - Construction page 7 of 15 Project#11281.G Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the Contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 17. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right-of-Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 18. Reports and Information: 18.1 At such times and in such forms as the City may require, there shall be furnished to the City such statements, records, reports, data and information as the City may request pertaining to matters covered by this Agreement. 18.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 19. Audits and Inspections: At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all of Contractor's records with respect to all matters covered by this Agreement. Contractor shall permit the City to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other datarelating to all matters covered by this Agreement. 20. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The City shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any WRRF Tertiary Filtration Facilities - Construction page 8 of 15 Project#11281.G reports, data or other materials prepared under this Agreement. 21. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to ensure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. In performing the Work required herein, Contractor shall not unlawfully discriminate in violation of any federal, state orlocal law, rule or regulation against any person on the basis of race, color, religion,sex, national origin or ancestry, age or disability. 22. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents as employees on any job under any such contract except where under such contracts fifty (50) or less persons are employed, the Contractor may employ ten percent (10%) nonresidents, provided, however, in all cases employers must give preference to the employment of bona fide residents in the performance of said work. 23. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 24. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 25. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. WRRF Tertiary Filtration Facilities - Construction page 9 of 15 Project#11281.G 26. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 27. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 28. Assignment: It is expressly agreed and understood by the parties hereto, that Contractor shall not have the right to assign, transfer, hypothecate or sell any of its rights underthis Agreement except upon the prior express written consent of City. 29. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. Retainage of five percent (5%) of the current contract value will be withheld from the final pay application(s) until final completion has been met and releases from both the Idaho Tax Commission and Surety have been received by the City. 30. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. 31. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation to Bid document, then the winning bidders submitted bid document. WRRF Tertiary Filtration Facilities - Construction page 10 of 15 Project#11281.G 32. Compliance with Laws: In performing the scope of work required hereunder, Contractor shall complywith all applicable laws, ordinances, and codes of Federal, State, and local governments. 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. Certifications. Pursuant to Idaho Code §§ 67-2359 and 67-2346, Contractor hereby certifies: A. Anti-Boycott Against Israel Act. Pursuant to Idaho Code § 67-2346, Contractor certifies that Contractor is not currently engaged in, and will not for the duration of this Agreement engage in, a boycott of goods or services from Israel or territories under Israel's control. B. No Public Funds for Abortion Act. Pursuant to Idaho Code § 18-8703, as applicable, Contractor certifies that it is not, and will not for the duration of this Agreement become, an abortion provider or an affiliate of an abortion provider. C. Prohibition on contracts with company owned or operated by the government of China. Pursuant to Idaho Code § 67-2359 Contractor certifies that Contractor is not, and for the duration of this Agreement will not be, a company currently owned or operated by the government of China. D. Prohibition on contracts with company boycotting fossil fuels. Pursuant to Idaho Code§67-2347A, Contractor certifies that Contractor is not currently engaged in, and will not for the duration of this Agreement engage in, a boycott of any individual or company because that individual or company engages in or supports the exploration, production, utilization, transportation, sale, or manufacture of fossil fuel-based energy, timber, minerals, hydroelectric power, nuclear energy, or agriculture. E. Prohibition on contracts with company boycotting firearms. Pursuant to Idaho Code §67-2347A, Contractor certifies that Contractor is not currently engaged in, and will not for the duration of this Agreement engage in, a boycott of any individual or company because that individual or company engages in or supports the manufacture, distribution, sale, or use of any firearm. 33. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: WRRF Tertiary Filtration Facilities - Construction page 11 of 15 Project#11281.G QW Contractor: City of Meridian Record Steel and Construction, Inc. (RSCI) Procurement Manager Attn: Zeke Johnson, President 33 E Broadway Ave. 333 W. Rossi St., Suite 200 Meridian, ID 83642 Boise, ID 83706 208-489-0417 Phone: 208-887-1401 Email: zekeQa rscigroup.com Idaho Public Works License # PWC-C-12164 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN RECORD STEEL & CONSTRUCTION, INC. BY: BY KEITH WATTS, Procurement Manger ZEKE JOHN,SO t�)t DATED: 11-6-2024 DATED: (e, I I:T f Z..(-( Project Manager Approved by City Council David Briggs 11-6-2024 WRRF Tertiary Filtration Facilities - Construction page 12 of 15 Project#11281.G EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID #PW-2432-11281.G, ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the current version of the Idaho Standards for Public Works Construction (ISPWC), the current version of the City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate bid documents: • Drawings ( WRRF Tertiary Filtration Facilities) by Stantec Consulting Services (305 pages) • Technical Specifications Volume 1 ( WRRF Tertiary Filtration Facilities) by Stantec Consulting Services (5229 pages) • All drawings and information from the bid addendums. WRRF Tertiary Filtration Facilities - Construction page 13 of 15 Project #11281.G EXHIBIT B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $31,047,000.00. MILESTONE DATES/SCHEDULE Milestone 1 Preliminary Schedule As Specified in Section 01 32 16-1.5.D Milestone 2 Baseline CPM Schedule As Specified in Section 01 32 16-1.6.E.2 Milestone 3 Substantial Completion (577) Days from Notice to Proceed Milestone 4 Final Completion (690) Days from Notice to Proceed PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment and incidentals as required for the PROJECT NAME Project per ITB BID #PW-2432-11281 .G. NOT-TO-EXCEED AMOUNT.............................................$31,047,000.00 Contract is a not to exceed fixed Lump Sum amount. Contract Pricing Schedule Item No. Description Quantity I Unit Unit Price AREA 1 - HEADWORKS Yard Piping 1 LS $229,000 Structural (Concrete) 1 LS $3,000 Process Mechanical (Piping) 1 LS $8,000 AREA 2 - CHEMICAL FEED BUILDING NO.3 Demolition 1 LS $20,000 Civil Sitework 1 LS $259,000 Yard Piping 1 LS $370,000 Structural (Concrete) 1 LS $407,000 Structural (Building) 1 LS $269,000 Structural (Misc.) 1 LS $56,000 Building Mechanical (HVAC) 1 LS $1,403,000 Building Mechanical (Plumbing & Fire) 1 LS $97,000 Electrical (Building) 1 LS $177,000 WRRF Tertiary Filtration Facilities - Construction page 14 of 15 Project#11281.G Electrical (Site) 1 LS $106,000 Instrumentation and Controls 1 LS $100,000 Process Mechanical (Piping) 1 LS $124,000 Process Mechanical (Equipment) 1 LS $294,000 Architectural 1 LS $171,000 AREA 3 - TERTIARY DRAIN PIPING and Piping 1 LS $606,000 AREA 4 - TERTIARY FILTER BUILDING Demolition 1 LS $175,000 Civil Sitework 1 LS $2,636,000 Yard Piping 1 LS $4,598,000 Structural (Concrete) 1 LS $2,782,000 Structural (Building) 1 LS $1,431,000 Structural (Misc.) 1 LS $390,000 Building Mechanical (HVAC) 1 LS $1,725,000 Building Mechanical (Plumbing & Fire) 1 LS $673,000 Electrical (Building) 1 LS $1,764,000 Electrical (Site) 1 LS $1,191,000 Instrumentation and Controls 1 LS $461,000 Process Mechanical (Piping) 1 LS $5,405,000 Process Mechanical (Equipment) 1 LS $2,094,000 Architectural 1 LS $837,000 AREA 5 - EQUALIZATION Demolition 1 LS $4,000 Yard Piping 1 LS $133,000 Process Mechanical (Piping) 1 LS $19,000 WRRF Tertiary Filtration Facilities - Construction page 15 of 15 Project#11281.G W IDIAN� AGENDA ITEM ITEM TOPIC: Development Agreement (Ferney MDA H-2023-0034) Between City of Meridian and Franklin Storage, LLC for Property Located at 4160 E. Lanark St. ADA COUNTY RECORDER Trent Tripple 2024-063335 BOISE IDAHO Pgs=18 VICTORIA BAILEY 11/07/2024 08:03 AM CITY OF MERIDIAN, IDAHO NO FEE ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Franklin Storage LLC, Owner/Developer THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this 6th day of November , 2024, ("ADDENDUM"), by and between City of Meridian, a municipal corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Franklin Storage, LLC, ("OWNER/DEVELOPER"), whose address is whose address is 4549 N. Mackenzie Lane, Boise, Idaho 83703. RECITALS A. OWNER/DEVELOPER has submitted an application for a Modification to the existing Development Agreement recorded July 27, 2022 as Instrument#2022-066859 in Ada County Records for the purpose of amending Development Agreement Section 5,provision 5.1(b). The Meridian City Council approved said application with Findings of Fact and Conclusions of Law as in the attached Exhibit"A." B. CITY and OWNER/DEVELOPER now desire to amend said Development Agreement, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement recorded July 27, 2022 as Instrument#2022-066859, except as amended as follows: That Section 5.1 of the development agreement referenced in the above paragraph shall be amended as follows: Amend condition "b."to read as follows: b. Prior to the issuance of the first certificate of occupancy, the property shall be subdivided in accord with UDC 11-6B. Add condition "g." as follows: g. The Public Works infrastructure shall be installed, inspected and finaled, as approved with LDIR-2023-0061,prior to the issuance of any building permits. 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the Owner/Developer, or their assigns,heirs, or successor shall not meet the conditions of this Addendum, and the Ordinances of the City of Meridian as herein provided. 3. This Addendum 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 Addendum shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person(s) 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 hereon and any MODIFICATION TO DEVELOPMENT AGREEMENT-FERNEY MDA H-2024-0034 Page I of 3 successor 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 Addendum if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed its obligations under this Addendum. 4. If any provision of this Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions or under-standing, 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 Addendum 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. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within 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. 6. This Addendum shall be effective as of the date herein above written. 7. Except as amended by the Addendums, all terms of the previous Agreements shall remain in full force and effect. [End of text. Acknowledgements, signatures, and Exhibit A follow.] MODIFICATION TO DEVELOPMENT AGREEMENT—FERNEY MDA H-2024-0034 Page 2 of 3 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this Addendum and made it effective as hereinabove provided. OWNER/DEVELOPER: Franklin Storage,LLC f,o ` By: �r 1 STATE OF IDAHO ) ss. County of Ada ) On this C day of - ! C� 2024,before me,the undersigned,a Not Public in and for said State, personally appeared ` (',; rr ,known or identified to me to be the �w'':/ r of Franklin Storage,LLC and the person ho signed above and acknowledged to me that they executed the same A behalf of said corporation. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above wri\`\\\\` ATOQ�///// M(SCOMAMSSION Notary' blic • My commission expires: EXPIRES 7-21-2W ; �i '•9TE IOp`. • CITY� y, ��•� `� ATTEST: �1NNti11NN�\ By: Mayor Robert E. Simison 11-6-2024 Chris Johnson, City Clerk 11-6-2024 STATE OF IDAHO ) ss County of Ada ) On this 6thday of November 2024,before me,a Notary Public,personally appeared Robert E.Simison and Chris Johnson,known or identified to me to be the Mayor and City Clerk,respectively,of the City of Meridian,who executed the instrument 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. (SEAT.:) Notary Public for Idaho My commission expires: 3-28-2028 MODIFICATION TO DEVELOPMENT AGREEMENT—FERNEY MDA H-2024-0034 Page 3 of 3 EXHIBIT A CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW E IDIAy AND DECISION & ORDER In the Matter of the Request for Development Agreement Modification (MDA), by Jeff Hatch, Hatch Design Architecture. Case No(s). H-2024-0034 For the City Council Hearing Date of: September 17, 2024 (Findings on October 1, 2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of September 17, 2024,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of September 17,2024, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of September 17, 2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of September 17,2024, 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. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of September 17, 2024, incorporated by reference. The conditions are concluded to FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(FERNEY MDA-H-2024-0034) - 1 - 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 development agreement modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of September 17, 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 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(FERNEY MDA-H-2024-0034) -2- City Code Title I I(UDC 11-5B-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 § 67-6521(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of September 24,2024. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(FERNEY MDA-H-2024-0034) -3- By action of the City Council at its regular meeting held on the 1 St day of October 2024. COUNCIL PRESIDENT LUKE CAVENER VOTED AYE COUNCIL VICE PRESIDENT LIZ STRADER VOTED AYE COUNCIL MEMBER DOUG TAYLOR VOTED AYE COUNCIL MEMBER JOHN OVERTON VOTED AYE COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED AYE COUNCIL MEMBER BRIAN WHITLOCK VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) (Z� Mayor Robert E. imis n 10-1-2024 Attest: (�LI —� SF,AL Chris Johns* 10-1- �4 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Cha&mL Dated: 10-1-2024 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(FERNEY MDA-H-2024-0034) -4- COMMUNITY DEVELOPMENT C'/�fEPIDIAN*,,--, DEPARTMENT REPORT HEARING 9/17/2024 Legend ' DATE: - " Project Location %. :._.u..::;:- TO: Mayor& City Council Area of impact _ �= City Limits FROM: Linda Ritter Associate Planner O Analysis - 208-884-5533 lritter@meridiancity.org APPLICANT: Jeff Hatch,Hatch Design Architecture SUBJECT: H-2024-0034 Ferney Subdivision LOCATION: 4160 E. Lanark Street,in the SW 1/4 of SE '/4 of Section 9, T.3N.,RJE. , . ' 1. PROJECT OVERVIEW A. Summary Modification to the existing development agreement(H-2021-0103, Inst. #2022-066859)to strike provision 5b which states " Prior to issuance of any building permits,the applicant shall subdivide the property in accord with UDC 11-6B and add"Prior to certificate of occupancy,the applicant shall subdivide the property in accord with UDC 11-6B." B. Issues/Waivers None C. Recommendation Staff: Staff recommends approval of the DA modification for the issuance of one building permit for the northern portion of the property prior to receiving the City Engineer's signature if the Public Works Department requirements have been met. D. Decision Select: Pending. 11. COMMUNITY METRICS Table 1:Land Use Description Details Map Ref. Existing Land Use(s) Vacant - Proposed Land Use(s) Self-storage facility and flex space building - Existing/Proposed Zoning I-L IV.A.2 Future Land Use Designation General Industrial IV.A.3 Table 2: Process Facts Description Details Preapplication Meeting date Friday,June 21,2024 City of Meridian I Department Report I. Project Overview Description Details Neighborhood Meeting 7/l/2024;3 attendees Site posting date 9/6/2024 Table 3: Proiect Overview Description Details History Subject site was denied annexation and zoning approval in 2020(H-2020- 0033)because no development plan accompanied annexation request but the Applicant withdrew the application before Findings of Denial were approved by the Council. AZ,PP(H-2021-0103),DA Inst.#2022-066859,CZC,DES(A-2023- 0057),CZC,DES(A-2024-0074),and FP-2024-0015 Acreage 4.92-acres III. STAFF ANALYSIS A. General Overview The property was annexed with I-L zoning in 2022 consisting of 5.64 acres and a Preliminary Plat consisting of two (2)building lots on 4.93 acres (H-2021-0103). The subject property was denied annexation and zoning approval in 2020(H-2020-0033)because no development plan accompanied the annexation request. The applicant withdrew the application prior to the Findings of Denial were approved by the City Council. The applicant reapplied and a development agreement was entered into on July 26,2022 (H-2021-0103,DA Inst#2022- 066859). The subject property has a planned extension of an industrial collector street(E. Lanark)that will bisect the property into two parcels which accounts for the main reason a preliminary plat is required and was submitted. According to the submitted plat,the Applicant is proposing the self- storage buildings on the front parcel(approximately 2.89 acres) and a flex space building on the back parcel along the railroad corridor(approximately 1.75 acres). In terms of nearby and adjacent development,there is existing industrial zoning to the west with developing flex and other industrial type buildings. The parcel directly abutting to the east is still a county RUT parcel that contains a single-family residence and still maintains some farm animals. Directly east of the county parcel is an ACHD facility that is currently under construction. Therefore,the county parcel to the east would be surrounded by industrial uses until such time that parcel redevelops. Because of the existing residential use to the east,this Applicant is required to provide a landscape buffer to that use. Staff has had conversations with that homeowner and they anticipate selling the property once their parents decide to leave that home. The applicant received Council waiver to reduce the buffer along the parcel as the City anticipates the property will redevelop with industrial uses in the future. B. Development Agreement Modification A development agreement was entered into on July 26,2022 (H-2021-0103,DA Inst#2022- 066859)with the following conditions: a. Future development of the subject site shall be substantially consistent with the proposed concept plan,preliminary plat,landscape plan,and conceptual building elevations included in Section VII and the provisions contained herein. aeeewith UPC C 11 6B—.Prior to certificate of occupancy,the applicant shall subdivide the property in accord with UDC 11-6B. City of Meridian I Department Report III. Staff Analysis C. The uses allowed on this property are those listed in UDC Table 11-2C-2 for the I-L zoning district. d. The Applicant shall comply with the ordinances in effect at the time of application submittal. e. Applicant shall comply with the specific use standards outlined in UDC 11-4-3-34 and UDC 11-4-3-18 for the proposed uses of Self-service Storage Facility and Flex Space Building,respectively. f. The Applicant shall comply with the Commercial architectural design standards in the City of Meridian's Architectural Standards Manual(ASM)at the time of Certificate of Zoning Compliance and Design Review submittal for the elevations facing Franklin and the east elevations of the two storage buildings adjacent to the existing residence on Parcel S1109438907. The applicant is requesting to remove the condition"b"under section 5.1 of the existing development agreement and add the following language"Prior to certificate of occupancy,the applicant shall subdivide the property in accord with UDC I 1-613." C. Staffs Analysis Per UDC 11-613-7,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. The applicant requested a time extension to record the final plat in June prior to the preliminary plat's expiration date. A one(1)year extension was granted with a new expiration date of June 21,2025. The plat must be recorded by this date. Staff has no objection to the Applicant request for a modification to the existing development agreement(H-2021-0103, Inst. #2022-066859)to remove condition"b"under section 5.1 and the addition of the proposed language with the following provisions: • Only one(1)building permit shall be issued with this provision. • The Public Works infrastructure shall be installed, inspected and finaled prior to the issuance of any building permits. The applicant submitted a final plat for review and approval(FP-2024-0015)which is scheduled on the City Council Consent Agenda for September 17,2024. The applicant was given a one (1)year time extension to receive the City Engineer's signature which expires on June 21,2025. If the City Engineer's signature has not been received by the expiration date,the applicant will either let the plat lapse or request approval of a time extension from by City Council. Planning has approved a Certificate of Zoning Compliance and Design Review(A-2024-0074)for a multi-tenant flex space building to be constructed on the northern lot. III. CITY/AGENCY COMMENTS & CONDITIONS A. Meridian Planning Division The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of the subject site shall be substantially consistent with the proposed concept plan,preliminary plat, landscape plan, and conceptual building elevations included in Section VII and the provisions contained herein. b. The Public Works infrastructure shall be installed,inspected and fmaled, as approved with LDIR-2023-0061,prior to the issuance of any building permits. City of Meridian I Department Report 111. City/Agency Comments &Conditions c. Prior to certificate of occupancy,the applicant shall subdivide the property in accord with UDC 11-6B. B. Meridian Public Works The Public Works infrastructure shall be installed, inspected and finaled, as approved with LDIR- 2023-006 1,prior to the issuance of any building permits. C. Irrigation Districts 1. Nampa&Meridian Irrigation District See public record(copy the link into a separate browser) https:llweblink.meridiancity.org/WebLink/Doc View.aspx?id=361620&dbid=0&repo=Meridi anCi D. Idaho Transportation Department(ITD) No concerns regarding the DA modification. IV. ACTION A. Staff: Staff recommends approval of the DA modification for the issuance of one building permit for the northern portion of the property prior to receiving the City Engineer's signature if the Public Works Department requirements have been met. B. City Council: Action Pending. City of Meridian I Department Report IV. Action ' 1 1 Legend Project Locat Are• of Impa ion Analysis ui `FIR NKLIN' Legend - ai, 161 nllll t1111111 _Ilia=�iila e■ ■71t1111!EIIFlEFl1: J RxEI+,:p: 1 e_nlo o== IIIIFIIi:lltlllll! � xiatrt■x► n 9'■- uw uuuur== 911111nIF11111111F Project -4nt1l1 •• Area of Impactfiff 1il mm�Frry�pu _pan.,_=1/?i■ ;�raNrtth► '���� IIIa111T� �I�r=C=_�?h1► . Analysisaulel/11111711::hu-�H., n. '�EIIIIIIII ;■�ul grgi�C IN loom I rrt�..� 1111111 'llll � �rin�_ ® �� I���IIII 1■ FRANKL-IN � r J ■ ���a��111■rllllaaa;•tiptrnlr .I r 1 �.rg11:�•Yt►t�� ��� � r11 I■ ■ �1�1D.� � �xx xxixnn.►`b�l� � r�l �■■� � • rrrr • �rrf �� �i��■■■�r:=::: rrrirr yi♦ III � ��r. 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Landscape Plan(date: 8/23/2024) K E Y N 0 T E S G-HERA NOTES PON 1i H HUM F Owl-1- Tm El 2 U) 90 z Ll �j ETU Emil- Eq w LANDSCAPE PLAN LANDSCAPE PLAN City of Meridian Department Report IV. Exhibits D. Preliminary Plat(date: 8/1/2024) PRKE MINARY PLAT v.a�s�!.ate•��Rw a..y;_R.1£_eM �_yly`�eos ax—owx�r v w.—s*•¢oR w,a r —Y9� I a _r._ " it J. I ra.�w.w.u-anws o�1Wy(tE1LttR a�su rcaenxaa g � YARncwl a � sew�ciw txiio � f11Y[1I4�CURATE 5mr�n xwm City of Meridian Department Report IV. Exhibits E. Final Plat(date: Click here to enter a date.) 3•1--H-NPY Nim BDIVISION RLA mNG Or FSOEr YL,%N.Sw LiM6 w]rwr n,r sw 7l7 or niE g Ili LK s"eaa&rvx,a.rs,a.u. WY Or MMAm—OOuhYr Or RDA—STA E Or IWwO W24 14°At� 3£YAM£A8T5L(39iw5�OW {� srr£.M f£.sr sueprHs,pw FF }} BiO ] f2 YL PGK i ; I- • iiuf I � •irl L 4 - - - — — - - i - - � L -° — - — r$ — Ip w.. 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Al Ia Ar.�rNr^�rlcr.eulrcenr Gar m = S Y R Y f 1!A A{N A f P Y 3 nw�•mef+L Axa r�noemm([osn�il trot r'MrMw rR TreG SLCn�'S R rR�.S A�R t W W.Yld��R — AWrpe/rM>D Rr rY.N Aq ei'Ll'�Ka�W ru£AW C�YMerr 9aai I]W®]GE IIDW!l�fRF ne[awaors era[[. •F 11f51 w,uxax.IwsxRWeL<i.n City of Meridian Department Report IV. Exhibits F. Building Elevations for Storage Facility(date: 5/1/2024) --7A EXTERIOR FINISH KEYNOTES _SPECIFICATIONS 0 =27 ijilt S01=f7t ELEVAYIO N-SFORAGE BUILDING —------ 99 fi& e L: GENERAL NOTES f - V I P I ql�3e 19 Q��i CR NORTH ELEVATION-STORAGE BUILDING 5 Z r— F— r-- —Z 5 z tE IT ELEVATION-STORAGE 6111LD INGJ rolo 03>1 9=1 0=1 rm@ a-, Q-�Q3D, rcre Woll-c.D BEE EXTERIOR aEvAmNs EAST ELEYATIO 4-STORAGE BUILDING A-4.0 City of Meridian I Department Report IV. Exhibits E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval of Task Order 11083.d to JUB Engineers, Inc. for the Well 24 Water Treatment Facility Design project and for the Procurement Manager to sign for the Not-to-Exceed amount of$329,800.00. C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts Meeting Date: 11/6/2024 Presenter: N/A Estimated Time: N/A Topic: Approval of Task Order 11083.d to JUB Engineers, Inc. for the Well 24 Water Treatment Facility Design project and for the Procurement Manager to sign for the Not-to-Exceed amount of$329,800.00. Recommended Council Action: Background: This Task Order is written against the current Master Agreement with JUB. TASK ORDER NO. 11083.d Pursuant to the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN (OWNER) AND CONSULTANT (ENGINEER) This Task Order is made this 6th day of November, 2024 and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "Owner", and accepted by J-U-B Engineers, Inc., hereinafter referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (Category 1 d) between the above-mentioned parties dated October 2, 2023. The Project Name for this Task Order is as follows: WELL 24 WATER TREATMENT FACILITY DESIGN PROJECT UNDERSTANDING The City of Meridian (City) domestic water system experiences water quality issues related to the precipitation of iron and manganese from groundwater resulting in brown water events, reduced chlorine residuals, extended system flushing, and customer complaints. The purpose of this project is to design a feasible treatment option and implement the preferred water treatment technology at Well 24 located in the Tumble Creek Subdivision at 2870 N. Blue Springs Avenue near the intersection of W. Tumble Creek Drive. The City intends to construct a manganese and iron treatment system for Well 24. Projected flow is 2,000 gallons per minute (GPM). The project will consist of: (1) Completing treatment equipment procurement process initiated under previous task order No.11083.c. (2) Completing final design and preparing a construction document package for the City's use in obtaining bids for the construction and installation of the water treatment facility—the previously procured equipment and a building to house the equipment. Task Order 11083.d WELL 24 WATER TREATMENT FACILITY DESIGN Page 1 of 13 JUB ENGINEERS, INC Major Tasks J-U-B ENGINEERS, Inc. (J-U-B) will perform the following tasks on the iron and manganese removal project at Well 24: Task 1 — Project Management and Administration Task 2 — Quality Control Reviews Task 3 — Entitlements and Public Involvement (if necessary) Task 4 — Survey and Mapping Task 5 — Preliminary Engineering Report Task 6 — Final Design for 70%, 90%, 95% agency submittal and 100% Bid Ready Task 7 — Bidding Assistance - Construction of the Water Treatment Facility Task 8 — Agency Coordination, Meetings and Permitting OWNER INFORMATION, RESPONSIBILITIES and PROJECT ASSUMPTIONS Project Scoping Assumptions 1 . The City will provide to J-U-B the following for Well 24: a. Updated water quality information for Well 24, if available. b. Current standard City electrical and controls specifications for incorporation into the project. 2. The City will provide the following during any bidding or procurement process: a. All bidding and contract documents including, but not limited to: advertisement for bids, bid forms, contracts/agreements, condition of the contract, award, bonding and insurance requirements. b. Incorporate J-U-B's technical specifications and drawings into Bidding and Contract Documents using the City's contracting boiler plate to bid procurement of the treatment equipment. c. Provide all administration to bid and procure the iron and manganese removal water treatment equipment. d. Incorporate J-U-B's technical specifications and drawings into Bidding and Contract Document using the City's contracting boiler plate to bid the construction and startup of the water treatment facility. e. The City will distribute the Bidding and Contract Documents for the construction of the iron and manganese removal water treatment facility. f. Following a review of the bids received for the construction of the water treatment facility, the City will award and execute a contract with the successful bidder. 3. The City will: a. Provide on-going review of J-U-B's work and timely consideration of design issues within a time acceptable to the City and J-U-B. b. Pay for all permits and fees needed for the project. c. Provide a project manager to serve as a liaison with other City departments and divisions to facilitate the project reviews and approval process. Task Order 11083.d WELL 24 WATER TREATMENT FACILITY DESIGN Page 2 of 13 JUB Engineers, Inc. 4. Assumptions: a. The backwash water from the facility will be discharged to the existing sanitary sewer main in W. Tumble Creek Drive. There will be no backwash storage tank. It is assumed that the existing sanitary sewer trunk has adequate capacity to receive and convey the process backwash water. This will be verified in Task 5 by J-U-B. b. Space is available on the existing lot for on-site storm water disposal. c. No new roadway access is required and, consequently, no coordination or permitting with Ada County Highway District is required. d. Design of a contact chamber, contact pipeline gallery, or detention tank is not included. e. It is assumed that a fire suppression (sprinkler) system will be required. f. The existing electrical service to the site is capable of accepting the electrical loads associated with the demands for this new equipment, building, and associated appurtenances. An evaluation to verify this assumption is included in Task 5 (preliminary engineering report). g. No design of offsite sewer, other than a segment from the treatment facility to the existing gravity main immediately adjacent to the site, will be necessary. h. The replacement generator will not require structural (expansion) modifications to the existing well building. i. A value engineering phase will not be required. j. Permanent easement acquisition is not required. k. A water shutdown phasing plan will not be required. I. A SWPPP plan will not be required. m. Three meetings will be held between the City and J-U-B's electrical/ instrumentation/control subconsultant during the design phase, either concurrently with project review meetings or separately. n. The filter panel, programming and startup will be provided by the manufacturer. o. It is assumed that invoices from J-U-B to the City will be submitted by email. 5. Construction and Post-Construction Phase Services: a. Services during construction of the water treatment facility and post-construction phase services are not included in this Scope of Work. A separate scope of work and associated budget will be prepared after the bidding of the construction contract for the water treatment facility. SCOPE OF WORK TASK 1 : Project Management and Administration J-U-B will provide the overall project planning, management, scheduling, coordination of efforts and the day-to-day administrative tasks required for this Task Order. Specific tasks include: • Project setup (electronic folders, financial system, design team). • Coordinate quality assurance and quality control process. Task Order 11083.d WELL 24 WATER TREATMENT FACILITY DESIGN Page 3 of 13 JUB Engineers, Inc. • Attend kickoff meeting. Progress Reports The project is assumed to require twelve months for the water treatment equipment procurement and design of the water treatment facility. J-U-B will prepare written monthly progress reports. The reports will include the following items: • A written description of the progress of the work accomplished to date. • A summary of project issues and concerns that need to be resolved. • A summary of changes in contract amount or time (if applicable). • Monthly invoices for work completed. Deliverables for this Task • Monthly progress reports and detailed invoices. • Meeting notes. TASK 2: Quality Control Reviews J-U-B and the subconsultants will perform quality control (QC) reviews by a senior engineer to provide an independent review of the 70% and 90% design plans and specifications prior to submittal to City. TASK 3: Entitlements & Public Involvement J-U-B will assist the City in obtaining a certificate of zoning compliance. If the preferred layout of new facilities does not meet setback or other dimensional requirements, J-U-B will assist the City in obtaining a variance. J-U-B will specifically provide the following: • Certificate of Zoning Compliance — J-U-B will prepare the submittal package per Community Development Department requirements for obtaining a certificate of zoning compliance. • Public Involvement — If authorized by the City, J-U-B will provide public involvement services that may include mailers, door hangers, or limited door-to-door visits. • Variance Application — If required by the final design layout, J-U-B will prepare a variance application for submittal to the City of Meridian Community and Development Services (CDS). This will include one (1) pre-application meeting with the City CDS staff. Assumptions for this Task A time and materials, not-to-exceed amount of $4,700 is included in the overall Compensation Schedule amount of Task 3 for this item. Task Order 11083.d WELL 24 WATER TREATMENT FACILITY DESIGN Page 4 of 13 JUB Engineers, Inc. TASK 4: Survey and Mapping J-U-B will provide topographical survey and prepare base mapping for the design of the water treatment facility at the existing well site and for the drain line outfall alignment to the existing sanitary sewer trunk. It is anticipated that the effort will include: • Research and Utility Request: Research available land monuments, plats, records of survey, right-of-ways, and recorded easements on the project site. Contact utility companies prior to survey via Dig-line to request field locations of utilities and available utility mapping. Utilities will be shown to the extent they are visible in the field or located by the utility or Owner. It is assumed that the City will provide Title Reports for all properties that will be encroached upon by the proposed project. • Survey Control: Establish survey control at the site and along the outfall line alignment using: horizontal coordinate system, NAD 1983 translated to the Ada County G.I.S. system, and vertical control based on NAVD 1988. Right-of-ways (ROWs) will be established and shown on the base map using Ada County G.I.S. data. Any land monuments will be located and shown where found from visual observations during the field survey. Well 24 lot lines will be developed from field measurements and recorded plat information. • TBMs: Establish temporary construction benchmarks (T.B.M.$) at two locations on the Well 24 lot. • Topographic Survey: Complete topographic survey as previously described herein. For the purposes of this scope and fee proposal, it is assumed that survey will include existing observable features such as building corners, sidewalks, fences, edge of roadways, power poles, and utility boxes, manholes and inverts, water valves, well head, found property pins, and structures. Existing utilities shall be located to the extent that they are visibly marked by the utility companies. • Base Mapping: Prepare topographic mapping in Civil 3D 2023 at a scale TBD. Topographic features will be depicted using accepted J-U-B standard symbols. Topographic features will be shown on the design plans to the extent that they are found or field located by the utility companies, such as fences, utility poles, surfacing, utilities, edge of pavement, face of curb, sidewalks, striped roadway centerline, guard rails, signal poles, signs, mail boxes, face of retaining walls, telephone risers, large trees, and include monuments of record and physical survey of monuments and property pins that are found. Provide locations (X & Y coordinates) and elevation of local temporary benchmarks to be used on Project. Property lines will be shown based on Ada County G.I.S. mapping. Contours at one-half foot (1/2') intervals will be generated. Roadway will be cross-sectioned at 50' intervals on centerline, edge of pavement, gutter, top of curb and natural ground near ROW. Deliverables for this Task • Base mapping pdf with 0.5-foot contours intervals of the project site, including the drain line outfall to the existing sanitary sewer. • Legal description for City's use in securing a temporary construction easement. Task Order 11083.d WELL 24 WATER TREATMENT FACILITY DESIGN Page 5 of 13 JUB Engineers, Inc. TASK 5: Preliminary Engineering Report J-U-B will prepare a preliminary engineering report (PER) for the facility in compliance with IDEA rules IDAPA 58.01 .08, Section 503. A preliminary design and report based on the City-selected equipment, under Task Order No. 11083.c, will be developed. The PER will address: • Building and equipment layout and equipment selection • Site layout • Piping layout • Ancillary equipment sizing and selection (dosing pump, chemical storage) • Preliminary sizing and selection of replacement well pump • Electrical and controls summary and narrative • Calculations and basis of design • 30% design drawings: o Site Plan. O Design Criteria. o P&ID. O Building Layout & Concept Floor Plan (this will be advanced to 50% level). o Building Elevations. • Verification of capacity in adjacent sanitary sewer to receive backwash water. • Operation and maintenance considerations. • Geotechnical evaluation (via subconsultant). • Final electrical standby power evaluation. The PER will identify design criteria, site constraints, code requirements, permitting and entitlement requirements, a list of equipment to be provided in the facility along with their electrical requirements, and a description of the operation, maintenance, and control of the facility. A geotechnical report for use in footing/foundation and potential storm water facility design will be completed and included in the PER. Geotechnical field work will include two borings to a maximum depth of 20 feet at the site and installation of one groundwater observation well. A general building and equipment layout plan will be included. A conceptual level cost estimate will also be provided in the PER. Following the City's review, the report will be updated and provided to the City for submission to the IDEA as the Preliminary Engineering Report for approval. J-U-B will incorporate applicable IDEQ comments and publish a final PER to IDEA and the City. Deliverables for this Task • Draft PER for City Review, PDF via email. • Final PER for City and IDEQ Approval, PDF via email to City and uploaded to IDEQ website. TASK 6: Design (70%, 90% and 100% Submittals) Task Order 11083.d WELL 24 WATER TREATMENT FACILITY DESIGN Page 6 of 13 JUB Engineers, Inc. J-U-B will prepare civil, mechanical, electrical, architectural and structural design and prepare plans and specifications for the construction of a treatment facility for iron and manganese removal at Well 24. The facilities included in the design will be as described in the PER from Task 5. Major design elements will include the following: 1 . Iron and manganese removal equipment including filters, media, backwash controller, backwash flow meter, backwash flow control, pressure relief valve, piping, and other related appurtenances such as instrumentation. 2. Electrical power and controls for the new treatment facility and building equipment. 3. Lighting, heating, and ventilation for the new building. J-U-B will consult with Idaho Power Company (IPCo) contacts to determine best energy efficiency practices to be used for the facility, what opportunities exist for incentives or rebates from IPCo, and whether the incentives or rebates are worth pursuing. Best practices for energy efficiency will be followed regardless of incentives. 4. On-site yard piping improvements needed for the new treatment equipment. 5. Backflush and flush-to-waste pipeline to the existing sanitary sewer main. Drawings and specifications will be submitted to the City for review and approval at 70%, 90%, 95% agency review and 100% bid-ready plans and specifications. J-U-B will submit 95% drawings and specifications to IDEQ for review and approval. An engineer's opinion of probable construction cost will be updated and submitted with the 90% documents. The City may require up to five days for review of the 90% submittal and IDEA will require up to 30 days for review of the 95% submittal. Subtask 6.1 : 70% Design J-U-B will develop 70% design plans substantially based on the approved PER. The preliminary design plans will include a site plan, building floor plan, preliminary pump sizing, piping and equipment plan, building elevations, landscape plan, and preliminary electrical and control plans. The 70% design package will include preliminary technical specifications (not including architectural, mechanical or electrical) and a preliminary Opinion of Probable Construction Cost. The 70% plans will be provided to the City for initial review. J-U-B will conduct an in-person design workshop to review the 70% work products with the City's personnel and other key project staff. Workshop minutes, including a City comment log, will be prepared and sent to the City's PM for their internal distribution. 70% Design Workshop J-U-B will conduct a design workshop to review the work products with the City's personnel and other key project staff. Workshop minutes, including the City's comments will be prepared and distributed to attendees. J-U-B will implement City review comments from the 70% review as warranted. Advancement 90% design will include plans, technical specifications, bid schedule and the Engineer's Opinion of Probable Construction Cost. Deliverables for this Task • 70% Complete preliminary design Plans, PDF via email to City. • Attend 70% review workshop with the City. Task Order 11083.d WELL 24 WATER TREATMENT FACILITY DESIGN Page 7 of 13 JUB Engineers, Inc. • City comment log. • Preliminary Opinion of Probable Construction Cost. Subtask 6.2: 90% Agency Review Design, Plans and Specifications J-U-B will finalize the design of structures, equipment, major plant piping, process and site plan to allow final detailing of the same during the 100% design activities. Specific activities, and work products from 90% design include the following: Project Management • Conduct constructability review. • Conduct operability review. • Update engineer's opinion of probable construction cost. • Coordination with treatment equipment vendor. • Prepare City comment log from 70% review workshop and comments from the City. Civil • Finalize building and major site element horizontal locations. • Finalize floor/control levels and finished grades. • Define contractor staging, storage, and off-site access corridors. • Prepare site grading, fencing, drainage, landscape and Temporary Erosion Sediment Control plans. • Prepare yard piping and drain layouts. • Prepare access road revisions to building. • Prepare technical specifications. • Senior staff will complete an internal QC review. Architectural • Finalize building floor plan and elevations for building. • Finalize the structural design concepts for the building. • Review applicable codes for the building with City Building, Plumbing, and Electrical Officials and the Fire Marshal. Complete building and fire code analysis. • Prepare technical specifications. • Senior staff will complete an internal QC review. • Final landscape plan. • Architectural renderings are not included in this task. If, during the course of desiqn, the City wishes to have architectural renderings done, those will be billed on a time and material basis. Structural • Complete structural design for new building and selection of materials of construction. • Prepare foundation, framing and roofing plan for building. • Prepare final floor plan for building. • Prepare sealed structural calculations. • Prepare technical specifications. Task Order 11083.d WELL 24 WATER TREATMENT FACILITY DESIGN Page 8 of 13 JUB Engineers, Inc. • Senior staff will complete an internal QC review. Process & Mechanical • Final major equipment sizing calculations. • Final replacement pump selection and sizing. • Coordinate with instrumentation and control system (I&CS) on completion of P&IDs. • Coordinate with architectural and structural team on preparation of building layout • Complete fire sprinkler design. • Assemble catalog cut sheets for all major process equipment. Complete equipment data sheets or equipment list on all major equipment items. • Coordinate with I&CS in the finalization of P&IDs. • Finalize ancillary equipment sizing and line sizing calculations (chemical storage, feed and delivery systems, etc.). • Finalize equipment selection (type, size, weight, and arrangement). • Finalize selection of piping materials and sizes. • Prepare technical specifications. • Senior staff will complete an internal QC review. HVAC/Plumbing • Energy compliance documents for the mechanical systems. • Prepare mechanical specifications as required. • HVAC load calculations and sizing of new HVAC systems as required. • Ductwork sizing and layout. • Plumbing sizing and layout. • Subconsultant will coordinate with J-U-B and other subconsultants on applicable items for the City's SCADA integration. Instrumentation and Control • Design to upgrade control system to current City standard. • Develop P&ID. • Develop design package to replace the existing control panel and reconnect existing instrumentation to the new control panel. • Develop control panel drawings suitable for UL construction. • Prepare instrumentation and control specifications as required. • Subconsultant will coordinate with J-U-B and other subconsultants on applicable items. Electrical • Service load and standby power calculations. • Site lighting. • Interior lighting. • Power distribution. • Variable frequency drive. • Energy compliance documents for lighting systems. • Coordinate with instrumentation and control system (I&CS) on completion of P&IDs. • Prepare electrical specifications. Task Order 11083.d WELL 24 WATER TREATMENT FACILITY DESIGN Page 9 of 13 JUB Engineers, Inc. • Subconsultant will coordinate with J-U-B and other subconsultants on applicable items. Asset Management Incorporation The new components will be identified and labeled on the plans per the nomenclature standards identified in the City's Asset Management policy. Assets involved will include pumps, valves, flowmeters, mechanical and electrical components, and other equipment as identified by the City. An inventory shall be prepared in a table and included with the technical specifications for use and implementation of tagging by the contractor. Quality Control J-U-B and the subconsultants will perform quality control (QC) reviews by a senior engineer to provide an independent review of the 90% design prior to submittal to City. Deliverables for this Task • 90% complete design plans, specifications, and special provisions, one electronic copy at scale TBD to the City. • Opinion of Probable Construction Cost. Assumptions J-U-B will submit the 90% design plans and specifications to the following agencies for review: the City and the Tumble Creek Subdivision HOA (see Task 7). Subtask 6.3: 95% Agency Review Plans/Specifications J-U-B will complete 95% agency review technical contract drawings and specifications for submission to IDEA and City building permit. Design Management • Conduct final reviews and incorporate 90% design review comments. Contract Document Completion • Prepare agency review construction drawings. • Prepare agency review technical specifications. • Prepare final calculations. • Agency permitting documents, checklists and related tasks. Assumptions • The City will complete the address verification and certificate of zoning compliance applications. Subtask 6.4: 100% Bid Ready Contract Document Preparation J-U-B will complete final technical contract drawings and specifications for competitive bidding based on 95% agency review comments. Key activities during this phase will include: Design Management • Conduct final reviews and incorporate 95% agency review comments. Task Order 11083.d WELL 24 WATER TREATMENT FACILITY DESIGN Page 10 of 13 JUB Engineers, Inc. Contract Document Completion • Prepare final construction drawings. • Prepare final technical specifications. Incorporation of Final Review Comments J-U-B will modify the contract documents to reflect all agreed upon 95% agency review comments from any supplemental City comments and outside agency reviews. These plans will be incorporated into the bidding documents package in Task 7. Deliverables for this Task • 100% complete bid-ready plans, specifications, and special provisions, one electronic copy at scale TBD to the City. • Bid Schedule. • Opinion of Probable Construction Cost. TASK 7: Bidding Assistance - Water Treatment Facility J-U-B will assist the City during the bidding process for the construction of the new water treatment facility in responding to technical questions from prospective bidders. The City will facilitate the bidding process. J-U-B will assist the City in responding to technical questions that the City is unable to answer through review of the Contract Documents for the City's use in preparation of addenda. Deliverables for this Task • Written responses to technical questions submitted during the bidding phase. TASK 8: Agency Coordination and Permitting J-U-B will assist the City with the agency approval process. J-U-B will submit the plans, on behalf of the City, specifically limited to the following: • DEQ Plan Approval. Complete the applicable DEQ Checklists and submit copies of the design for review. J-U-B will make required changes to the plans and specifications based on their review. • City of Meridian Building Permit. Complete the Building Permit application and submit copies of the design for review. J-U-B will meet with the Building Department to discuss their review of the plans, if necessary. Required comments will be integrated into the plans and resubmitted for review and approval. This process is estimated to take one (1) month. This excludes revisions that require modification to the base design. • Tumble Creek Subdivision Homeowners Association. Coordinate with the HOA on building siting, landscaping and architectural treatments. Two onsite meetings are anticipated with the HOA: one upon completion of the PER, and one upon completion of 70% complete design plans. Task Order 11083.d WELL 24 WATER TREATMENT FACILITY DESIGN Page 11 of 13 JUB Engineers, Inc. NOTICES Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Manager 33 E. Broadway Avenue Meridian, Idaho 83642 Telephone: (208) 489-0417 kwatts@meridiancity.orq JUB Engineers, Inc. Attn: Brad Watson 2760 W. Executive Ln. Meridian, ID 83642 Telephone: (208) 376-7330 bwatson@iub.com TIME OF COMPLETION and COMPENSATION SCHEDULE COMPENSATION AND COMPLETION SCHEDULE Task Description Due Date Fee Type Compensation 010 Project Management and • Ongoing Throughout Project Time and Administration Materials (Ceiling $21,600 Amount Shown) 020 Quality Control Reviews ■ 90 days from NTP Lump Sum $3,200 030 Entitlements & Public Involvement (if ■ Ongoing Throughout Project Time and necessary) Materials (Ceiling $4,700 Amount Shown) 040 Survey and Mapping 0 Lump Sum $7,900 050 Preliminary Engineering Report 0 Lump Sum $61,600 060 Final Design for 70%, 90%, 95% and Lump Sum $203,600 100% Submittal 070 Bidding Assistance - Construction of ■ Time and the Water Treatment Facility Materials (Ceiling $9,500 Amount Shown) 080 Agency Coordination, Meetings and ■ Ongoing Through Tasks 5—8. Time and Permitting Materials (Ceiling $17,700 Amount Shown) TASK ORDER TOTAL: $329,800.00 Task Order 11083.d WELL 24 WATER TREATMENT FACILITY DESIGN Page 12 of 13 JUB Engineers, Inc. The Not-To-Exceed amount to complete all services listed above for this Task Order is three hundred twenty-nine thousand eight hundred dollars and 00/100 ($329,800.00). No compensation will be paid over the Not-to-Exceed amount without prior written approval by the Owner in the form of a Change Order. No travel or expenses will be reimbursed through this agreement. All costs must be incorporated in the individual tasks within the Compensation and Completion Schedule above. CITY OF MERIDIAN JUB ENGINEERS, INC. 1�- �- BY: BY: KEITH WATTS, Purchasing Manager Timothy Blair PE /Area Manager Dated: 11-6-2024 Dated: 10/28/2024 City Project Manager: Brent Blake Task Order 11083.d WELL 24 WATER TREATMENT FACILITY DESIGN Page 13 of 13 JUB Engineers, Inc. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve award of Purchase Order#25-0094 to Columbia Electric for the Tertiary Filtration Facilities VFD's for the Not-To-Exceed amount of$267,836 C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts Meeting Date: 11/6/2024 Presenter: Consent Estimated Time: N/A Topic: Approve award of Purchase Order#25-0094 to Columbia Electric for the Tertiary Filtration Facilities VFD's for the Not-To-Exceed amount of$267,836. Recommended Council Action: Approval of Purchase Order#25-0094 for the Not-To-Exceed amount of$267,836.00 and authorize the Procurement Manager to sign. Background: The City Attorney's office and Public Works staff were involved in the negotiations for this procurement. This PO is the result of the current Sole Source with Columbia Electric approved by Council 3/21/2023. (:�4`WEDIANI."_*�Nio) Purchase Order 11/6/2024 25-0094 Attention: David Briggs CITY OF MERIDIAN Billing Attn: Finance 33 Ave 33 EAST BROADWAY AVE. Meridian,Bro IDa Address: 83642 MERIDIAN,ID 83642 (208) 888-4433 Shipping City of Meridian Wastewater Vendor Address: Address: 3401 N.Ten Mile Meridian, ID 83646 COLUMBIA ELECTRIC SUPPLY PO BOX 888855 LOS ANGELES, CA 90088-8855 Shipping Method: truck FOB: Destination Pre-Paid Description Unit Quantity Unit Price Total 25-0094 VFD's for WRRF Tertiary Filtration Facilities Project Dollar 267836.00 1.00 267,836.00 Purchase Order Total: $267,836.00 Purchasing Manager: Special Instructions VFD's per written Quote#Q1101121 Rev 11 by Scott Hammons Dated 10/29/2024 and Rockwell Quote#EW_FT24070231342DD Rev 03 and attached CED Sales T's and C's. Not-To-Exceed $267,836.00 65-3590-96154-11281 Approved by Council 11/6/24 Ticket#115016 CustomerQuote For: OF COLUMBIA-BOISE Quote: Q1101121 Revision#: 011 8645 WESTPARK ST Contact Name: SCOTT A. HAMMONS BOISE ID 83704 Tel:(208)322-1231 Fax: (208)327-0658 Quote Date:07/30/24 Job Name: TERTIARY FILT VFDS Updated On:10/29/24 Attn: Expires On:11/29/24 Ship To: CITY OF MERIDIAN Customer PO#: Customer PO Date: FOB:DESTINATION Freight: PREPAID LN Product Qty Avail Lead Time Qty Price Per* Ext Price 01 REF.ATTACHED CSB QUOTATION#EW_FT2407231342DD 02 AB PF753 25HP ND 6 PULSE VFD W/ILR 5%W/OUR 3%IN 0 23 Weeks 2 $19,480.00 E $38,960.00 NEMA 12 ENC ITEM D ON ATTACHED PROPOSAL 03 AB PF753 75HP ND 6 PULSE VFD W/ILR 5%W/OUR 3%IN 0 23 Weeks 2 $32,120.00 E $64,240.00 NEMA 12 ENC ITEM E ON ATTACHED PROPOSAL 04 AB PF753 200HP ND 6 PULSE VFD W/ILR 5%W/OUR 3%IN 0 23 Weeks 4 $40,620.00 E $162,480.00 NEMA 12 EN ITEM F ON ATTACHED PROPOSAL 05 MISCCR1220 0 1Weeks 8 $20.00 E $160.00 ITEM G ON ATTACHED PROPOSAL 06 AB SPARE PARTS 0 1 $1,996.00 E $1,996.00 ITEM H ON ATTACHED PROPOSAL Merchandise: $267,836.00 Total: $267,836.00 PLEASE NOTE: THIS IS NOT AN OFFER TO CONTRACT, BUT MERELY A QUOTATION OF CURRENT PRICES FOR YOUR CONVENIENCE AND INFORMATION. ORDERS BASED ON THIS QUOTATION ARE SUBJECT TO YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS LOCATED AT SALES.OUR-TERMS.COM,WHICH WE MAY CHANGE FROM TIME TO TIME WITHOUT PRIOR NOTICE.WE MAKE NO REPRESENTATION WITH RESPECT TO COMPLIANCE WITH JOB SPECIFICATIONS. *Per E=Each,C=Hundred,M=Thousand Terms and Conditions 1 OF 1 A Rockwell I CSB Quotation#: EW FT2407231342DD Rev 03 Automation CONFIGURED SOLUTIONS BUSINESS Date: October 03,2024 CSB Quotation#: EW_FT2407231342DD Rev 03 Meridian-ID-Recovery Facility Tertiary Filtration We are pleased to submit the following proposal.All prices are in US Dollars. Pricing for this quotation: Our proposal is for the following equipment: ITEM QTY DESCRIPTION PRICE A 1 Electronic Submittal Package(Includes Approval Drawings) Included NOTE:Printed binders are available at an additional charge of$1964.00. If Hard Copy option is purchased, submittal procedure includes up to 10 submittal binders&electronic copy. Note: Submittals returned after 3 months of submittal date will be reviewed for price and delivery impact. B 1 Electronic Operator&Maintenance Manuals Included Preliminary 0&Ms after Shipment, Final 0&Ms after Site Support) NOTE:Printed binders are available and will be provided upon request at an additional charge of$1964.00. If Hard Copy option is purchased, 0&M procedures include up to 5 0&M binders&electronic copy. C 1 Freight to 1st US destination(Contiguous United States only) Included DAP 1st Domestic US Location(Contiguous United States only) Incoterms0 2020; Contingent upon use of Rockwell Automation contracted carrier.Terms: Prepaid and Absorb li i i CSB Quotation#: EW FT2407231342DD Rev 03 Page 2 of 17 I Rockwell CSB Quotation#: EW FT2407231342DD Rev 03 Automation D 2 PF753 25HP ND 6 Pulse VFD W/ILR 5%WI OLR 3%in NEMA 12 Enclosure STFB3VFD0111, $19,480.00 STFB3VFD0112 One NEMA 12 Enclosure,approximately 48"H x 36"W x 16"D(Bottom Cable Entry/Bottom Cable Exit),with the following features • Qty. 1-PowerFlex 753 AC Drive,with Embedded 1/0, Standard Protection, Forced Air,AC Input with DC Terminals,Open Type,34 Amps,25HP ND,480 VAC,3 PH, Frame 3, Filtered,CM jumper installed(preferred), DB Transistor, Blank(No HIM) •Qty. 1-Door-Mounted Full Function HIM •Qty. 1-PF750-115V 1/0 Module-2A1,2AO,6D1,2RO ' •Qty. 1-PowerFlex 750 EtherNet-IP Adapter • Qty. 1-Input Circuit Breaker Disconnect w/Padlockable Handle,65KAIC •Qty. 1-Input Line Reactor,5% •Qty. 1-Output Load Reactor,3% Y p � •Qty. 1-Control Power Transformer, Fused Primary/Secondary �. •Qty. 1-MiniCas Relay • Qty. 1-Door-Mounted Hand/Off/Auto Selector Switch •Qty. 1-Door-Mounted Reset Push Button • Qty.6-Door-Mounted Pilot Light,(PTT Type)(Green-Run,Amber-Fault,White-Power ON,Amber- High temperature alarm,Amber-Leak detected,Amber-Low Level Shutdown) • Qty. 1-Door-Mounted Elapsed Time Meter • Qty. 10-Control Relay •Qty. 1-Control circuit breaker for MiniCas f Enclosure Nameplate • Enclosure Fan and Filter Kit E 2 PF753 75HP ND 6 Pulse VFD W/ILR 5%WI OLR 3%in NEMA 12 Enclosure $32,120.00 STFB3VFD0209,STFB3VFDO210 One NEMA 12 Enclosure,approximately 87"H x 32"W x 24"D(Bottom Cable Entry/Bottom Cable Exit),with the following features •Qty. 1-PowerFlex 753 AC Drive,with Embedded 1/0,Standard Protection, Forced Air,AC Input with DC Terminals, Open Type,96 Amps,75HP ND,480 VAC,3 PH, Frame 5,Filtered,CM jumper er installed, DB Transistor p i • Qty. 1-Door-Mounted Full Function HIM • Qty. 1-PF750-115V 1/0 Module-2A1,2AO,6D1,2RO •Qty. 1-PowerFlex 750 EtherNet-IP Adapter • Qty. 1-Input Circuit Breaker Disconnect w/Padlockable Handle, 65KAIC • Qty. 1-Input Line Reactor,5% •Qty. 1-Output Load Reactor,3% I • 1-Control Power Transformer Fused Qty. Prim ary/Secondary • Qty. 1-MiniCas Relay • Qty. 1-Door-Mounted Hand/Off/Auto Selector Switch j • Qty. 1-Door-Mounted Reset Push Button • Qty.5-Door-Mounted Pilot Light, (PTT Type)(Green-Run,Amber-Fault,White-Power ON,Amber- High temperature alarm,Amber-Leak detected) j •Qty.9-Control Relay • Qty. 1-Door-Mounted Elapsed Time Meter • Qty. 1-Control circuit breaker for MiniCas • Enclosure Nameplate • Enclosure Fan and Filter Kit l 1 CSB Quotation#: EW FT2407231342DD Rev 03 Page 3 of 17 j Rockwell CSB Quotation#: EW FT2407231342DD Rev 03 Automation F 4 PF753 200HP ND 6 Pulse VFD WI ILR 5%WI OLR 3%in NEMA 12 Enclosure STFB3VFD0201, $40,620.00 STFB3VFD0202,STFB3VFD0203,STFB3VFD0204 One NEMA 12 Enclosure,approximately 87"H x 39"W x 24"D(Bottom Cable Entry/Bottom Cable Exit),with the following features • Qty. 1-PowerFlex 753 AC Drive,with Embedded 1/0, Standard Protection, Forced Air,AC Input with Precharge,no DC Terminals, Open Type,248 Amps,200HP ND,480 VAC,3 PH, Frame 6, Filtered,CM jumper installed, • Qty. 1-Door-Mounted Full Function HIM •Qty. 1-PF750-115V 1/0 Module-2AI,2AO,6DI,2RO • Qty. 1-PowerFlex 750 EtherNet-IP Adapter • Qty. 1-Input Circuit Breaker Disconnect w/Padlockable Handle,65KAIC • Qty. 1-Input Line Reactor,5% • Qty. 1-Output Load Reactor,3% • Qty. 1-Control Power Transformer, Fused Primary/Secondary • Qty. 1-Door-Mounted Hand/Off/Auto Selector Switch • Qty. 1-Door-Mounted Reset Push Button • Qty.4-Door-Mounted Pilot Light, (PTT Type)(Green-Run,Amber-Fault,White-Power ON, Amber-High temperature alarm) • Qty. 1-Timing Relay • Qty.9-Control Relay • Qty. 1-Door-Mounted Elapsed Time Meter • Enclosure Nameplate • Enclosure Fan and Filter Kit G 8 CR1220 Batteries—to be customer installed $20.00 H 1 Spare Parts $1 996.00 • Qty.5-Door-Mounted Pilot Light,(PTT Type) • Qty.5-Indicating lights Lens • Qty. 1-Timing Relay • Qty. 1-Control Relay • Control Fuse: Five Control fuses for each fuse provided TOTAL PRICE $267,836.00 This proposal is based upon the following: • 26 29 23_LOW VOLTAGE ADJUSTABLE FREQUENCY DRIVES • 500-E-602 ONE LINE DIAGRAM • 500-E-605_MEMBRANE VFD CONTROL PLAN 500-E-606_EQUALIZATION VFD CONTROL PLAN i I CSB Quotation#: EW FT2407231342DD Rev 03 Page 4 of 17 .. , Rockwell CSB Quotation#: EW FT2407231342DD Rev 03 Automation Note: • VFD pricing is based on all VFDs quoted being purchased on one purchase order.All other items are optional. _ .....: ... . RE- ISION H ,--T RY Date: Description of change: Edited by: Revision: July 25, 2024 None,Original Document JM/MJ EW FT2407231342DD August 07,2024 Remove Harm-1, Harm-3,Startup and Training also JM/MJ EW FT2407231342DD Rev01 j Remove Thermostat from all VFD. August 21,2024 In Item-D, 1 Pilot Light added JM/PPJ EW FT2407231342DD Rev 03 Bottom Cable Entry/Exit 1 t I I I i I i I l l I CSB Quotation#: EW FT2407231342DD Rev 03 Page 5 of 17 t rc Rockwell CSB Quotation#: EW FT2407231342DD Rev 03 Automation Start-Up Services Rockwell Automation will provide start-up assistance for initial commissioning of the following drives: Qty Item ` Description 2 Item-D PF753 25HP ND 6 Pulse VFD WI ILR 5%WI OLR 3%in NEMA 12 Enclosure --- - -----------------..----------------- ---- ---------------- ----- -- -------------- ..........- _ - __--_----------- -- -- --- -- -. 2 Item-E PF753 75HP ND 6 Pulse VFD WI ILR 5%WI OLR 3%in NEMA 12 Enclosure 4 ; Item-F PF753 200HP ND 6 Pulse VFD WI ILR 5%WI OLR 3%in NEMA 12 Enclosure ---------------------------------_----------------------- -_..---------------------------------------------- -------------------- ---------------------------------- ...................--_-----------__ --.------._----------- ---- - Drive Start-Up, Scheduling and Customer Requirements: To maximize the benefits of this program and minimize any additional charges, the below list of items must be completed prior to the scheduled date of service. If the items listed below are not completed prior to the arrival of a Rockwell Automation representative, any resulting standby time or out of scope services will be billed on an hourly basis at the start-up service rate in effect at the time the service is provided. • The Drive(s) listed above is(are) mounted and wired per the instruction manual and/or wiring diagram. • AC primary line voltage is the proper voltage. • The motor nameplate HP voltage,and current properly correspond with the controller output ratings. p � 9 � p p Y p p � • All controlling devices (i.e. pressure, flow or temperature transducer, motor thermal, process interface, speed pot, tachometer, etc.)are pre-wired according to the instruction manual or wiring diagrams. • The signal wiring for any controlling devices is run in separate conduit and consists of shielded and twisted conductors per instruction manual and wiring diagrams. • All controlling devices for drives are functional for testing at time of Start-Up. • Customer Personnel are available to assist the Rockwell Automation representative with the operation of the equipment and the facility layout. They will remain on site as necessary for safety reasons. • The motor is aligned and ready to run. The motor is presently uncoupled from load. Equipment and personnel are available to couple the motor for system operation. • If applicable,the drive is ready for testing under load. The material is ready for load test immediately following preliminary Start- Up, unless an additional trip is included in this agreement. Hours: Services are to be provided during normal working hours (defined as 8:00 AM to 5:00 PM, Monday through Friday), exclusive of holidays observed by Rockwell Automation. Any work required outside of these hours will billed at the labor rate in effect at the time the I service is provided. I Scheduling: 21 days advance scheduling notice is required to guarantee pricing. If the request for service is not received by Rockwell Automation 21 days in advance of the scheduled service date, Rockwell Automation will attempt to schedule local resources. If local resources are not available, Rockwell Automation will offer the customer the option of 1) scheduling services for an alternate date when a local resource is available or 2)scheduling an alternative out-of-region resource,which may result in additional travel charges that will be billed at the travel rate in effect at the time the service is provided. If rescheduling is required after a resource has been confirmed, a rescheduling fee may apply. Travel&Expenses: Local travel time&expenses("Local Travel")are included in the price of the Start-Up included in this proposal. Local Travel applies when there is a Rockwell Automation sales office within 150 miles roundtrip of the Customer site. If Customer site is located outside of 150 miles roundtrip from the nearest Rockwell Automation sales office, the first 3 hours of the Rockwell Automation representative's travel time per day are provided free of charge but all applicable travel expenses(e.g.airfare,car rental,meals,tolls,hotel, etc.)and additional travel time will be billed to Customer at the travel rate in effect at the time the service is provided. If applicable,overnight expenses (e.g. hotel, meals) will be billed as a flat rate overnight charge per Rockwell Automation published overnight rates. Additional expenses may apply, including, but not limited to, air travel, permits,tolls,customs fees and other incidentals. Such expenses will be billed at cost+10%.All drives are to be available for a contiguous start-up. If multiple trips are required, additional travel charges will apply. i I i CSB Quotation#: EW FT2407231342DD Rev 03 Page 6 of 17 ockwell CSB Quotation#: EW FT24072 1 42DD Automation Qu 3 3 Rev 03 Cancellation and Rescheduling: Customer shall notify Rockwell Automation of any cancellation or intent to reschedule by contacting their project manager. In the event Customer notifies Rockwell Automation of its intent to cancel or reschedule scheduled service less than five(5)business days prior to the date the Rockwell Automation representative is scheduled to begin travel to site,Customer shall reimburse Rockwell Automation for all travel time and expenses incurred with such travel per the above Travel & Expenses guidelines. Rockwell Automation will attempt to reschedule the date of service as requested by the customer, however, Local Travel will not be guaranteed unless an additional 21 days advance notice is provided or local resources are available. If local resources are not available, Rockwell Automation will offer the customer the option of(1)scheduling services for an alternate date when a local resource is available or (2)scheduling an alternative out-of-region resource,which may result in additional travel charges. If rescheduling is required after a resource has been confirmed, a rescheduling fee may apply. Out of Scope and Standby Time:An additional purchase order will be required for any out of scope work or standby time. Out of scope work includes but is not limited to the following: • All external wiring and troubleshooting outside of the drive. • External wiring and troubleshooting related to electrical or mechanical equipment outside of the drive or problems caused by external sources such as networks,electrical transients,corrosion,surface contaminants,excessive ambient air temperatures,abusive operations,etc. • Network troubleshooting and configuration • Integration drive and control devices • Drives that are part of a drive system • Preventative maintenance services Standby time includes non-working time spent waiting at the customer's request or due to circumstances beyond Rockwell Automation's control due to job site conditions. It will be invoiced per the rate schedule that is applicable for the time of day and day of the service. Training Services If informal training is included in this proposal, unless otherwise agreed to in advance, this training will be provided on site by the Rockwell Automation engineer performing the start-up work. No training manuals will be supplied. No formal classroom training involving printed materials,overhead projectors, or training demo hardware is included.The training may refer to the 0&M manuals supplied for the project,but they are not required for training.The training will be informal training and consist of reviewing how to troubleshoot and navigate the new equipment. This is not considered to be formal product training. Demos are not included. The installed equipment would be used for demonstrations.Training may not be recorded. Rockwell Automation advises, and Customer acknowledges,that all training classes are designed by Rockwell Automation with the intent that they will be delivered by a knowledgeable Rockwell Automation employee trained on Rockwell Automation products. Much of the training class is designed for learning by the student through hands-on demonstration and training during the class. Accordingly, Rockwell Automation does not permit the use of video recording unless otherwise agreed upon between Rockwell Automation and Customer and written consent is obtained by both parties. Services Not Covered The following items are NOT included in this Statement of Work. • Installation Engineering • Installation work of any kind • Full time site assistance during installation • Structural,civil, piping,or mechanical designs and installation Other Special Requirements If the resultant contract contains other special requirements prior to performance of on-site activities, Customer must advise Rockwell Automation at the time of award so that we may make every effort to comply within the timeframe required by Customer. This includes Customer or site specific safety training, background checks, international work visas, and copies of expense receipts. CSB Quotation#: EW FT2407231342DD Rev 03 Page 7 of 17 Rockwell CSB Quotation#: EW FT2407231342DD Rev 03 Automation It is also understood that any associated time and expenses incurred while complying with these requests will be the responsibility of the Customer. I Customer Responsibilities i Single Point of Contact � Customer will designate a representative authorized to act on the plant's behalf with respect to this project.This representative should have a working knowledge of the machinery and process and be available to Rockwell Automation personnel during working hours. Maintenance, Electrical, and Operations Staff � Customer will provide appropriate personnel knowledgeable in the process, operation and control system supplied to assist ! Rockwell Automation personnel. Access to the System Customer will make the process available to Rockwell Automation personnel during the mutually agreed upon schedule for the purpose of implementing the services and equipment described in this proposal. I I CSB Quotation#: EW FT2407231342DD Rev 03 Page 8 of 17 i I r;r Rockwell CSB Quotation#: EW FT2407231342DD Rev 03 Automation Purchase Order Instructions: Email: shammons@ces-boise.com i Delivery: Approval drawings/submittals is up to 8 weeks AAO. Lead time is up to 14 Weeks after Rockwell Automation receipt of approved drawings. (This does not include time required for special/witness testing and/or dyne testing) i (Delivery based on Stocked Availability at time of purchase,subject to change) Payment Terms: Net 30 Terms and Conditions: Quote expires 60 days from date of issue. f 1 { �I i i j i t 1 1 i f 1 f CSB Quotation#: EW FT2407231342DD Rev 03 Page 9 of 17 1 Rockwell s6 Automatiorr C Quotation#. EW FT2407231342DD Rev 03 Project Assumptions, Clarifications, and Exceptions The following clarifications and exceptions have been made by Rockwell Automation in the development of this Statement of Work as it relates to this project: Reference Section Description Clarification/Exception SUBMITTALS, O&Ms and DRAWINGS Clarification: Rockwell Automation's standard 2605 26 .03 Submittals, g O&M manuals and Drawings will be 00 00 provided as part of this Proposal EEE519 Exception: Rockwell Automation's proposal includes 262923-1.03- 5% Input Line Reactors per Drawings and I C.3 Specification. I EEE519 compliance is the responsibility of others. Rockwell's proposal does offer a Harm 1 and a Harm 3 on site study. j COORDINATION Exception/Clarification: Coordination with devices 262923-1.05 outside the VFD to be conducted by others. Rockwell's Field Service Engineer will provide support where able during standard startup services. STORAGE AND HANDLING Clarification: Storage and Handling not in Rockwell 262923-1.06 Automation scope. To be provided by others. -D-2-2.262 2 Overload Capability: 1.1 times the base load Exception/Clarification: Allen Bradley's PF750 i 9 3 0 6 current for 60 seconds; 2.0 times the base load Normal duty VFD provides 110% overload for 1 current for 3 seconds. minute and 150% for 3 seconds. VFDs 100HP and less shall provide carrier Exception/Clarification: Allen Bradley's VFD'S carrier 262923-2.02-1 frequency adjustment capability from 1 to frequency range is 2khz to 12 khz with default of 10kHz. 2khz. I Status Lights: Door-mounted push to test LED indicators shall indicate the following conditions: Clarification: Devices provided for the 75HP and ` 262923-2.02-0 Indicating Devices: Digital readout devices and 200HP drives are per available control plans. Since l 262923-2.02Q selector switch, mounted flush in controller no control plans were available for the 25HP VFD, 262923-2.02-R- door and connected to indicate the following we have provided Rockwell's standard controls. If 7 controller parameters: additional controls are required, such can be provided for an added cost. Remote Indication Interface: Provide dry circuit relay outputs (120-V ac, 1 A) for remote indication of the following: I Factory installed CR1220 battery in the 1/0 Exception: A CR1220 lithium coin cell battery is not 262923-2.03-G card (Rockwell drives). provided by Rockwell Automation and is to be user installed. 500-E-606 MiniCAS Relay for STFB3PMP0209, Clarification/Exception: Programming of MiniCAS to I STFB3PMP0210 drives be provided by others. i I I i CSB Quotation#: EW FT2407231342DD Rev 03 Page 10 of 17 i Rockwell CSB Quotation#: EW FT2407231342DD Rev 03 Automation Standard Assumptions, Clarifications and Exceptions The following assumptions,clarifications and exceptions have been made by Rockwell Automation in the development of this Statement of Work: Reference Assumptions Al JOB SITE SAFETY: If the Rockwell Automation Field Service Professional deems any situation to be unsafe, Rockwell Automation may choose to refuse service. The following activities may occur: • Review customer plant safety policies and procedures • Survey work environment for personnel safety • Validate clearances for serviceability • Verify customer locked-out/tagged-out breaker feeding the equipment • Obtain safety equipment from customer(if applicable) A2 All aspects of mechanical, electrical and process safety are requirements of the customer. Clarifications C1 Motor FLA is required in order to properly size the drives. If FLA is not available at the time of the proposal,VFD's are sized based on HP requested using NEC 2014 Table 430.250 data. If motor data is received at a later date which increases the size of the VFD's, Rockwell Automation reserves the right to increase pricing accordingly. C2 Local code is not in the scope of the VFD supplier. C3 The drives have adjustable carrier frequency of 2-10 KHz. The drive ratings are based on 4 KHz setting. C4 Rockwell Automation packaged drives are rated for 1000m,at 0-40 deg C C5 Labor, equipment, and materials required for installation are not in the scope of the VFD supplier. C6 Power and motor cable termination lugs are the responsibility of the purchaser, not Rockwell Automation. C7 Wire markers, if required by spec, are sleeve-type and applied to customer wiring points only. C8 Rockwell Automation drives have a+/- 10%voltage tolerance. See Pub 20B-UM001=EN-P for full details. f C9 Power factor correction caps should not be used with Rockwell Automation drives. C10 Rockwell Automation standard test process and procedure are included with this proposal. C11 Motor design, cable lead length and type are required in order to determine if DV/DT filters are required in the design. If information is received post proposal, and it is determined filters are required, Rockwell Automation reserves the right to increase the price accordingly. C12 Rockwell Automation VFD PCB connections are not all gold plated. C13 Drive modules are run-in tested prior to shipment to Rockwell Automation, no additional run-in is included unless specifically listed. r C14 The door mounted HIM is not available with a keypad key switch !� C15 Non-current-carrying parts will be painted with a Rockwell Automation standard paint color. I C16 Field testing and the equipment to perform the required field testing is not in the scope of the VFD i manufacturer. i C17 The HIM backlight and DC bus parameter can provide indication that the bus is charged. f C18 Before Rockwell Automation can certify/assure compliance between our Variable Frequency Drive and a motor, at a minimum the motor must meet NEMA MG1-2004, Paragraph 31.4.4.2. C19 Any Customer supplied equipment shipped to a Rockwell Automation facility will be subject to a mounting and handling fee. C20 RoHS: Customer supplied/specified products will meet all applicable material restrictions as defined in i RoHS. If it does not, Customer will notify Rockwell Automation prior to shipment of the Customer { I supplied/specified products to Rockwell Automation. Customer will indemnify Rockwell Automation ,. against any claim arising out of Rockwell Automation's use of Customer supplied/specified products. I C21 Harmonic Analysis/Testing • If harmonic analysis/calculations are included in this proposal,there will be a limit of two iterations of bus and/or loading configurations. 1 CSB Quotation#: EW FT2407231342DD Rev 03 Page 11 of 17 i .:: Rockwell CSB Quotation#: EW FT2407231342DD Rev 03 Automation • If on site harmonic measurements are included, it is the Customer's responsibility to verify that all motors are fully loaded at the time of verification testing and to arrange for the drives to be shutdown to acquire baseline measurement.The allocated time to take measurements should be less than 4 hours. • Rockwell Automation will measure harmonic content with a utility grade power monitor inter wired at the point of common coupling as defined by specification to provide ongoing IEEE 519 compliance verification and provide local information on voltage, current and power characteristics of the first 50 harmonics. Rockwell Automation is not responsible for overall system compliance. C22 Customer agrees that Rockwell Automation may disclose in the ordinary course of business Customer's name and logo on Rockwell Automation's customer list and Web site. For this project, 1 Rockwell Automation may wish to publicize a contract award by issuing a brief news release, and only on a one-time basis. In such event, Rockwell Automation will provide Customer with a written request J approving such news release. Customer agrees to approve or deny such requests within 30 days from 1 receipt of request. C23 Each VFD goes through Rockwell Automation Standard testing procedures before being shipped. Rockwell Automation can also customize a test procedure to meet your specific project I. needs. Extended Tests are not included unless specifically listed in this proposal. Contact your I Rockwell Automation sales office for further details and pricing s i C24 Provisions must be made by the receiving party for storage in a clean, dry, temperature-controlled facility immediately after conducting a thorough receiving inspection. In the event purchaser is unable i to accept shipment upon notification of Rockwell Automation's readiness to ship, goods shall be placed in suitable storage by Rockwell Automation. Storage charges, escalation charges (if applicable) and any charges for drayage, re-inspection by quality assurance, etc. will be accrued to the account of the purchaser. C25 If required, Rockwell Automation standard submittal procedure includes up to 10 submittal binders&3 CD's. Note: The price quoted for submittals is for the printing services only. The engineering required in the preparation of submittals is included in the base price of the quoted VFD's. Any submittal not returned within 3 months of submittal date will be reviewed for price and delivery impact. C26 Customer or Site-Specific Requirements. This Statement of Work does not include Customer specific requirements or on-site activities such as Customer or site-specific safety training, background checks, health- related testing or vaccinations, international work visas,and copies of expense receipts. Rockwell Automation must ! be made aware of any such requirements prior to contract award. Costs for associated time and expenses incurred while complying with such requirements will be at Customer expense. C27 Infectious Disease Planning.Rockwell Automation is committed to health,safety,and doing all we can to maintain a high level of service for our customers. We are committed to communicating with you about the impact that an g g Y p infectious disease and any related governmental restrictions may have on the deployment of our personnel and f delivery of the project and truly appreciate your cooperation and understanding. In submitting any purchase order, g you acknowledge and agree that Rockwell Automation will be excused from Y g performance,or delay in performance,of its obligations under this purchase order, regardless of whether contract is currently in place governing the parties' relationship,to the extent that Rockwell Automation is unable to perform such obligations due to the effects of a known infectious disease affecting Rockwell Automation and/or third parties, including,without limitation, logistics and materials suppliers. Exceptions All demolition, installation and wiring requirements not included in this proposal. Rockwell Automation Installation E1 Services can be offered q upon reo uest at an additional expense. p � E2 No operator, maintenance or electrical training is included. To all Seismic specifications and requirements. Rockwell Automation may propose"seismic anchoring calculations only E3 stamped b a certified PE. p Y Table 1:Assumption,Varifications,and Exceptions i CSB Quotation#: EW FT2407231342DD Rev 03 Page 12 of 17 j Florkwe11 CSB Quotation#: EW FT2407231342DD Rev 03 Automation Rockwell Automation proposals from CSB- The Customer is solely responsible for determining if the Products requirements specified are acceptable for their intended use. Rockwell Automation disclaims all liabilities relative to Customer's specifications for the Product and its intended use. Any Product requirements or other deliverables beyond what was specified in the FasTrac proposal shall not be included as part of the Product deliverable and if acceptable by Rockwell Automation shall be subject to an equitable adjustment to price,scheduling and other affected terms and conditions. Unless otherwise stated in this Statement of Work,the following is not included:Municipality Specification Review, Drive Selection,Project Spec Generation,0&M Manuals, Submittal Drawings,Custom Control Circuit,Testing,Harmonic Analysis and Training. Any of these deliverables,or other deliverables required outside of the Statement of Work could result in monetary change orders or order cancellation. On site services rescheduling Fees: Should an engineer be confirmed and then cancelled or rescheduled by the customer for any reason, Rockwell Automation can apply a rescheduling fee. This fee will be charged per rescheduling occurrence. On site services where rescheduling fees apply Rescheduling Description Fee • Start-Up $250 See Services Descriptions below • Training $250 • Harm 3 1 $250 Note: All drives are to be available for a contiguous start-up. If multiple trips are required, additional travel charges will apply. Termination for Customer Convenience This section describes cancellation fees for the scope defined in this Statement of Work,according to stage in which the cancellation is requested. Refer to the termination provision of the Terms and Conditions of Sale referenced in Statement of Work. This schedule applies to all items being considered for cancellation, unless otherwise indicated or confirmed by Rockwell Automation. The percentage is based on the total net order/item value at the time of cancellation. Project Stage Cancellation Fee Description (1)Order Entry 10% Customer PO accepted by Rockwell Automation via order acknowledgement confirmation (2)Engineering Drawing Generation 30% Kick-off meeting with Customer Initial Submission of Drawings (3)Release to Manufacturing 75% Parts Procurement (4)Complete and Ready for Shipping 100% Completed Test and Inspection; Ready for Shipping Commitment for System Sales through Distribution In submitting any purchase order,you acknowledge and agree that Rockwell Automation will be excused from performance, or delay in performance,of its obligations under this purchase order,regardless of whether a contract is currently in place governing the parties'relationship,to the extent that Rockwell Automation is unable to perform such obligations due to the effects of the COVID-19 pandemic on Rockwell Automation and/or third parties, including without limitation,logistics, and materials suppliers. General.This Commitment("Commitment") covers purchase by Distributor's customer("Customer")from Distributor of the hardware, and/or software (individually a"Product"and collectively"Products"),and/or services("Services")and/or Products and Services described and integrated pursuant to this Statement of Work (collectively as integrated pursuant to the Statement of Work, the "Work") to be provided by Rockwell Automation, Inc. and/or its affiliates ("Rockwell Automation"). Its terms are integral to the Statement or Work. In other words, Customer purchases the Work subject to the terms contained in this Commitment(as well as other terms that may be included elsewhere in the Statement of Work).These terms apply directly to Customer and Rockwell Automation. Previously negotiated and signed terms and conditions with Customer that include provisions between Rockwell Automation and Customer that are intended to apply to the sale through distribution of Products, Services, and/or Work covered by this Commitment supersede these terms. CSB Quotation#: EW FT2407231342DD Rev 03 Page 13 of 17 . �o c kwe" _ Automation CSB Quotation#: EW FT2407231342DD Rev 03 Warranty. (a) Warranty for the Work: Rockwell Automation warrants to Customer for the lesser period of 18 months from delivery or 12 months from startup,that the Work will perform as stated in the Statement of Work and the Products will be free of defects in material,fabrication,and workmanship provided that: (1) the operating conditions and use of the Work are in accordance with any standards set forth in the Statement of Work, Rockwell Automation's published specifications, and applicable recommendations of Rockwell Automation; and(2)the installation, adjustment,tuning, and start- up of the Work have been properly performed in accordance with Rockwell Automation's published specifications and any applicable recommendations of Rockwell Automation. Repaired or replacement Products provided pursuant to subparagraph(d)below are similarly warranted for the longer period of six months from date of shipment or the remainder of the original warranty term. (b)Products Warranty: Rockwell Automations standard warranty to Customer is for the period of 18 months from manufacture date,that the Products will be free of defects in material,fabrication,and workmanship provided that: (1)the operating conditions and use of the Product are in accordance with any standards set forth in the Statement of Work, Rockwell Automation's published specifications, and applicable recommendations of Rockwell Automation; and (2) the installation, adjustment, tuning, and start-up of the Product have been properly performed in accordance with Rockwell Automation's published specifications and any applicable recommendations of Rockwell Automation. Repaired or replacement Products provided pursuant to subparagraph (d) below are similarly warranted for the longer period of six months from date of shipment or the remainder of the original warranty term. (c) Services Warranty: Rockwell Automation warrants to Customer for a period of 30 days from the date services are provided that service shall be performed in a workmanlike manner conforming to standard industry practice. (d)Remedies:Remedies under this warranty will be limited to,at Rockwell Automation's discretion,replacement,repair,re-performance,modification,or issuance of a credit for the purchase price of the Products and/or Services involved, but only after Rockwell Automation's receipt of Customer's written notification of non-conforming Products, Services or Work and the return of such products pursuant to Rockwell Automation's instructions. Replacement Products,at Rockwell Automation's discretion, may be new, remanufactured,refurbished,or reconditioned. If the repair,re-performance,or replacement does not cure the defective performance,Customer may request emergency on-site service,which will be at Rockwell Automation's expense(consisting of time,travel,and expenses incurred by Rockwell Automation related to such services). If the defective performance is not due to warranted defects in the Products,Services or Work,the on-site service will be at Customer's expense.On-site warranty services performed at Rockwell Automation expense shall not include removal or reinstallation costs related to large-scale assemblies such as motors or transformers. The foregoing will be the exclusive remedies for any breach of warranty or breach of contract arising from warranted defects. (e) General: Warranty satisfaction is available only if(a) Rockwell Automation is provided prompt written notice of the warranty claim, and (b) Rockwell Automation's examination discloses that any alleged defect has not been caused by misuse, neglect, improper installation, operation, maintenance, repair, alteration, or modification by other than Rockwell Automation, accident, or unusual deterioration or degradation of the Products or parts thereof due to physical environment or electrical or electromagnetic noise environment. THE ABOVE WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS WHETHER EXPRESSED,IMPLIED (fl SS M LIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT, OR FITNESS FOR A PARTICULAR USE. Disclaimer and Limitation of Liability. NEITHER ROCKWELL AUTOMATION NOR CUSTOMER WILL BE LIABLE TO THE OTHER FOR BUSINESS INTERRUPTION OR LOSS OF PROFIT, REVENUE, MATERIALS, DATA, OR THE LIKE (WHETHER DIRECT OR INDIRECT) OR FOR ANY INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES. EACH PARTY'S MAXIMUM CUMULATIVE LIABILITY TO EACH OTHER FOR ALL OTHER CLAIMS AND LIABILITIES WILL NOT EXCEED THE LESSER OF$1,000,000 OR THE COST OF THE WORK. ROCKWELL AUTOMATION DISCLAIMS ALL LIABILITY FOR TO GRATUITOUS ASSISTANCE PROVIDED BY ROCKWELL AUTOMATION BUT NOT REQUIRED BY THE STATEMENT OF WORK.THESE DISCLAIMERS AND LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS THE FORM OF ACTION,WHETHER CONTRACT, TORT, OR OTHERWISE, AND EXTEND TO THE BENEFIT OF ROCKWELL AUTOMATION'S VENDORS AND APPOINTED DISTRIBUTOR. Software Licenses and Ownership.(a)Standard Software.Software comprised of firmware or standard software(including,but not limited to packaged software, Rockwell Automation's preexisting templates,models and library files,and commercially available software)(collectively"Standard Software") is subject to Customers acceptance of additional terms and conditions set forth in separate Rockwell Automation or third-party click-wrap license agreements provided with such Standard Software. Such terms and conditions shall be the exclusive terms and conditions applicable to such Standard Software,excluding Customer's obligation to pay any license fee which shall be identified in the Statement of Work. j (b) Documentation and Application Software. Rockwell Automation hereby grants to Customer a non-exclusive, non-transferable license to modify and use solely in conjunction with the Work all documentation and any Application Software created by Rockwell Automation as specified in the Statement of Work. Application Software includes application project files for control programming, design, configuration, and visualization in source code and/or scripting code created by Rockwell Automation under the Agreement for operational use with Rockwell Automation's Standard Software or the Customer's system as specified in the Statement of Work.Customer is solely responsible for its modifications to documentation and Application Software.Except for any Customer or third-party confidential information, Rockwell Automation retains all right, title, and interest to documentation and Application Software developed by Rockwell Automation. Customer shall not sublicense or assign the documentation or the Application Software except to a customer who ` purchases the Work from Customer.Customer may make an additional archival copy of such documentation and Application Software for backup. (c) In the absence of a separate Rockwell Automation license agreement for software provided by Rockwell Automation under a Statement of Work, �. Rockwell Automation hereby grants Customer a non-exclusive, non-transferable license to use such software solely in conjunction with the Work for the project identified in the Statement of Work without the right to sublicense, disclose, disassemble, decompile, reverse engineer, or otherwise modify the CSB Quotation#: EW FT2407231342DD Rev 03 Page 14 of 17 i Rockwell CSB Quotation#: EW_FT2407231342DD Rev 03 Automation software(except for modifications of Application Software as set forth above). Ownership of the respective Rockwell Automation or third-party software shall remain with Rockwell Automation or the third party. (d) Ownership of Pre-existing Intellectual Property. Each party shall own all right, title, and interest in all patents, trademarks, copyrights, confidential information,trade secrets,mask rights,and other intellectual property rights as it owned on the date of this Agreement. (e)No Other Licenses. Except as expressly set forth in this Agreement, no license under any patents, trademarks,copyrights, confidential information, 1 trade secrets, mask rights,or other intellectual property rights is granted or implied by either party. Confidentiality.(a)During the term of this Commitment and for a period of three years thereafter,each party will maintain in strict confidence all technical and business data and information disclosed by one party to the other that is marked"Confidential"and will not use or reveal such information without the prior written authorization of the other. (b) The obligations of confidentiality and non-use will not apply to information (i)that is published or becomes part of the public domain other than by means of a breach of this Commitment;(ii)that a party can prove by written documentation was known to it prior to disclosure by the other party;(iii)that a party subsequently rightfully receives from a third party without an obligation of confidentiality; (iv) that a party discloses to a third party on a non- confidential basis;or(v)that was independently developed by the receiving party. (c)Each party will take reasonable precautions to instruct its employees and consultants of its obligation under this section.Additionally,each party shall protect the exchanged information of the other against unauthorized use or disclosure with the same degree of care as it accords its own proprietary information of a similar type, but not less than reasonable care. (d)Disclosure of confidential information will not be precluded if it is:(i)in response to a valid order of a court or governmental body of the United States or any political subdivision thereof;provided;or(ii)otherwise required by law. Delivery. Ex Works Rockwell Automation's plant or warehouse(per current Incoterms)or as otherwise specified in the Statement of Work(Delivery). In all cases, title transfers to Customer upon CES Boise/Rockwell Automation's delivery to Customer, except that title to all intellectual property rights associated with the Work remains with Rockwell Automation or its suppliers and licensors. f Acceptance.(a)Acceptance of the Work occurs either(i)on the date the Work conforms to acceptance criteria in the Statement of Work or is otherwise beneficially used by Customer,but in no event later than 60 days from start-up or 120 days following Delivery whichever occurs first;or(ii)if no acceptance criteria is specified in the Statement of Work then acceptance occurs upon Delivery. i (b)Interim Approvals.Any Rockwell Automation provided interim Work deliverable requiring Customer approval pursuant to the Statement of Work will be deemed accepted if formal Customer approval,written or as otherwise required, is not received by Rockwell Automation within two calendar weeks after the date submitted. Changes.Any change resulting from any of the following circumstances is subject to equitable adjustments to price,scheduling,and other affected terms and conditions: (a) Customer requested changes, including those affecting the identity, scope, and delivery of the Products, Services or Work; (b) concealed or otherwise unknown physical conditions differing materially from those indicated or anticipated in the Statement of Work or that otherwise differ materially from those ordinarily found under similar circumstances; (c) delays caused by Customer, its employees, affiliates, other contractors to I Customer, or an other art within Customer's reasonable control; and d an emergency endangering persons orproperty; in such emergency Y party � ( ) Y 9 Y 9 gP g Y circumstances, Rockwell Automation may act at its discretion to prevent damage, injury,or loss. 1 All changes, except actions necessitated by emergencies as provided in (d) above, must be executed by a written change order signed or otherwise i definitively authorized by both parties, and Rockwell Automation will not begin work on a change until it is authorized.All claims must be made within a reasonable time after the occurrence giving rise to the claim. Temporary Suspension of Work by Customer.Except as set forth in the applicable Statement of Work,Customer may,by providing prior written notice, request that Rockwell Automation temporarily suspend performance and delivery of the Work, in whole or in part.The notice shall specify the portion of the Work to be suspended,the effective date of suspension,Customer's anticipated duration of suspension,and the reasons for the suspension.Rockwell ! Automation shall suspend performance as requested, except as necessary for the care or preservation of Work previously executed. On or before the date the suspension begins, Customer must pay Rockwell Automation the unpaid balance of the portion of the Work previously executed plus any E additional costs incurred by Rockwell Automation as a result of the suspension. Rockwell Automation shall resume the suspended Work after a change order is executed covering adjustments to the contract price,schedule,and any other affected terms or conditions resulting from the suspension. Unless otherwise agreed, the maximum cumulative period for suspension is 60 days. Upon expiration of this or any shorter period agreed upon as provided above, Rockwell Automation may terminate this Agreement, and Customer shall pay all costs of cancellation (including third-party commitments, reasonable profit,and overhead)upon submission of Rockwell Automation's invoices. Safety and Standards.Rockwell Automation is responsible for compliance of the Work with laws,regulations,and standards,including safety regulations f and standards, of the countrywhere the Work will be located that area applicable to the Work at the effective date of this Agreement. Customer must pp g � inform Rockwell Automation of any other laws, regulations, or standards that may apply to the Work. Rockwell Automation will be responsible for compliance with such other safety or other standards only if documented in the Statement of Work. Rockwell Automation is not responsible for laws, regulations,or standards that apply to Customer's(or end user's, if different from Customer)facility,equipment, process, information system,or data. l i CSB Quotation#: EW FT2407231342DD Rev 03 Page 15 of 17 r i Rockwell CSB Quotation#: EW_FT2407231342DD Rev 03 Automation Site Rules,Licenses, Permits,Site Preparation.(a) Rockwell Automation agrees to comply with all applicable posted site rules of Customer(unless inconsistent with the obligations set forth in the Statement of Work) and any additional Customer's site rules that have been incorporated into the Statement of Work. (b) Customer is responsible for: (1) all licenses, permits, clearances, and site access rights; (2) all sites being ready and equipped with all necessary Customer furnished equipment and facilities;(3)any required customer fixtures or facilities being safe,hazard free,structurally sound,and sufficient; (4) reasonable access to the worksite,(5)properly using,calibrating operating,monitoring and maintaining the Work consistent with all Rockwell Automation or third-party provided instructions,warnings,recommendations and documentation;(6)all other factors affecting the Work that are outside of the direct control of Rockwell Automation;and indemnifying Rockwell Automation for any claims to the percentage extent directly caused by Customer's breach of the obligations listed in this section(b). Customer Specification. (a) Unless otherwise specified in the Statement of Work, Rockwell Automation does not warrant or indemnify and will not otherwise be liable for(i) design, materials, or construction criteria furnished or specified by Customer and incorporated into the Work or Products, (ii) products supplied by, made by or sourced from Customer or other manufacturers or vendors specified by Customer; or (iii) commercially available I computer software, hardware, and electrical components. (Such Customer-specified products shall include but not be limited to any identified in the Statement of Work.)Any warranty or indemnity applicable to such Customer supplied/specified products will be limited solely to the warranty or indemnity, if any,extended by the original manufacturer or vendor other than Rockwell Automation to the extent permissible thereunder. j (b) RoHS: Customer supplied/specified products will meet all applicable material restrictions as defined in RoHS. If it does not, Customer will notify Rockwell Automation prior to shipment of the Customer supplied/specified products to Rockwell Automation. Customer will indemnify Rockwell Automation against any claim arising out of Rockwell Automation's use of Customer supplied/specified products. Customer Information. a Customer represents and warrants that it has the rights to the information provided or made available b Customer to ( ) p 9 p Y Rockwell Automation,including but not limited to technical specifications,drawings,source code,application code,communication interfaces,protocols, and all other documentation(collectively"Customer Information"),for Rockwell Automation to perform its obligations under this Agreement and that such access to and use of Customer Information under this Agreement will not infringe or violate any agreement, confidentiality obligations, copyrights, or other intellectual property rights of the original vendor or any other third party.Customer agrees to indemnify Rockwell Automation from any claims arising out of Rockwell Automation's use of Customer Information pursuant to the Statement of Work. (b) In Rockwell Automation's performance of services,sales activities,or in connection with Customer's use of Rockwell Automation Products,Rockwell Automation may obtain,receive,or collect data or information, including Customer's contract information,computer system profile, Rockwell Automation Product installation data, and Customer's usage specific data of Rockwell Automation Products (collectively, the "Data"). In such cases, Customer rants Rockwell Automation a non-exclusive worldwide royalty-free, er etual non-revocable license to use compile,distribute, i I fi g perpetual, p display,ay,store,process, � reproduce, or create derivative works of the Data solely to facilitate the performance of sales and services by Rockwell Automation and its affiliates (including, but not limited to, quality, safety, energy, and security anal tics, product and service diagnostics and prognostics, and reporting), and to (� g� Y Y gY� Y Y� g p 9 facilitate or improve Customer's use of the Products. In addition, Customer grants Rockwell Automation and its affiliates a license to use and aggregate the Data in support of Rockwell Automation's marketing and sales activities. Rockwell Automation and its affiliates may also use this information in the aggregate,in a form which does not personally identify Customer,to improve Products and Rockwell Automation may share anonymous aggregate data with our third party suppliers and service providers. Independent Terms. Rockwell Automation is not a party to or bound by any contract between Customer and Distributor, including by Distributor's acceptance of a Customer purchase order. Distributor is an independent enterprise, not an agent or representative of Rockwell Automation, and is not authorized to bind Rockwell Automation. Effective Date.This Commitment will become effective when Customer purchases the Work from Distributor. Customer agrees that by purchasing the Work it accepts the Statement of Work and Commitment.Absent such purchase,this Commitment will become null and void. No addition or modification to the Commitment and Statement of Work,including terms appearing in Customer's purchase order or requisition,will bind Rockwell Automation unless mutually agreed to in writing. i 1 1 I 1 I i 1 CSB Quotation#: EW FT2407231342DD Rev 03 Page 16 of 17 i .A . Rockwell CSB Quotation#: EW FT2407231342DD Rev 03 � Automation Certifications. Pursuant to Idaho Code §§ 67-2359 and 67-2346, by accepting this purchase order, Supplier hereby certifies: A. That Supplier is not currently owned or operated by the government of China and will not, for the duration of this Contract, be o wned or operated by the government of China. B. That Supplier is not currently engaged in, and will not for the duration of the Contract engage in, a boycott of goods or services from Israel or territories under its control. CSB Quotation#: EW FT2407231342DD Rev 03 Page 17 of 17 CED SALES TERMS AND CONDITIONS 1. Sales: All sales are expressly conditional on Buyer's agreement to the standard terms and conditions herein.Any of the terms and provisions of Buyer's order which are inconsistent with or in addition to the terms and conditions hereof shall not be binding on Seller and shall not be considered applicable to the sale or shipment of the merchandise referred to herein. Unless Buyer shall notify Seller in writing to the contrary as soon as practicable after Buyer's receipt hereof, acceptance of the terms and conditions hereof by Buyer shall be indicated, and, in the absence of such notification, the sale and shipment by Seller of the merchandise covered hereby shall be conclusively deemed to be subject to the terms and conditions hereof. 2. Third Party Contract Obligations: In the event that Buyer has contracted for or otherwise assumed with any other party any obligation or liability to an owner, contractor, construction manager, governmental entity, or any other person or entity responsible for the completion of any portion of any project in which Seller's goods will be used, the parties agree that Seller is not a party to such contract. Therefore, Seller does not assume any liability or obligation — including but not limited to any liability or obligation related to governmental regulations or flowdown terms — under any such contract or agreement. Absent a written agreement to the contrary, signed by an authorized representative of Seller, Buyer releases and agrees to defend, indemnify and hold Seller harmless for any claims of any nature whatsoever related to any obligation, risk, liability or responsibility which was Buyer's under any contract or which was assumed by Buyer towards any owner, contractor, construction manager, governmental entity, or other party involving the goods or work supplied by Seller to fulfill any contractual requirement. 3. Important Notice to Federal Customers or Contractors Regarding Country of Origin: It is Buyer's responsibility to advise Seller in writing whether there are any requirements regarding country of origin for the goods supplied by Seller. Upon request, Seller will provide country of origin information so that Buyer may determine compliance with any applicable governmental requirements or regulations. By purchasing goods without advising Seller of any country of origin requirements, Buyer represents that it has authority to make such purchase and has complied with all applicable procurement regulations. 4. Warranties: The goods sold by Seller are products of recognized manufacturers sold under their respective brand or trade name in accordance with their terms and conditions. Seller shall use its best efforts to obtain from each manufacturer, in accordance with the manufacturer's warranty (copies of which will be furnished upon request) or customary practice, the repair or replacement of goods that may prove defective in material, design, or workmanship. The foregoing shall constitute the exclusive remedy of Buyer and the sole obligation of Seller. Except as to title, SELLER GIVES NO WARRANTY, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR OTHERWISE. Seller shall not, under any circumstances be liable for any special, direct, indirect, incidental, exemplary, liquidated, or consequential damages to persons or property arising out of or connected with the transactions contemplated hereby or the design, manufacture, subsequent sale or use of the goods, including, but not limited to, loss of profit or revenues, loss of use of the products, or any associated equipment, cost of capital, cost of substitute or replacement products, cost of labor associated with substitute or replacement products, facilities, service, or replacement power, down time costs, or claims of Buyer's customers for such damages. Seller's maximum cumulative liability relative to all other claims and liabilities, including that with respect to direct damages and obligations under any indemnity, whether or not insured,will not exceed the cost of the goods or services giving rise to the claim of liability. Seller disclaims all liability relative to gratuitous information or services provided by, but not required of seller hereunder. If Buyer transfers title to or leases the products sold hereunder to any third party, Buyer shall indemnify and defend Seller and its suppliers against any such damages. 1 5. Product Compliance and Suitability: Jurisdictions have varying laws, codes and regulations governing construction, installation, and/or use of goods for a particular purpose. Certain goods may not be available for sale in all areas. Seller does not guarantee compliance or suitability of the goods it sells with any laws, codes or regulations, nor does Seller accept responsibility for construction, installation and/or use of goods. It is Buyer's responsibility to review the product application and all applicable laws, codes and regulations for each relevant jurisdiction to be sure that the construction, installation, and/or use involving the goods are compliant.ABSENT ADVANCE WRITTEN SELLER ACKNOWLEDGEMENT NOTHING SELLER SELLS IS FOR USE IN CONNECTION WITH SAFETY-RELATED APPLICATIONS OF A NUCLEAR FACILITY OR ANY HAZARDOUS ACTIVITY WHERE FAILURE OF A SINGLE COMPONENT COULD CAUSE SUBSTANTIAL HARM TO PERSONS OR PROPERTY. 6. Intellectual Property Upon prompt notice by Buyer of any claim of U.S. patent, copyright, or trademark infringement with respect to any goods, Seller will use its reasonable efforts to secure for Buyer such indemnity rights as the manufacturer may customarily give with respect to such goods. This section sets forth Buyer's sole and exclusive remedy against Seller regarding the infringement by any goods of any third party intellectual property rights, including, without limitation, any patents or trademarks. 7. Export Controls and Anti-Corruption: Buyer acknowledges that this order and the performance thereof are subject to compliance with any and all applicable United States laws, regulations, or orders. Buyer agrees to comply with all such laws, regulations, and orders, including, if applicable, all requirements of the International Traffic in Arms Regulations and/or the Export Administration Act, as may be amended. Buyer further agrees that if the export laws are applicable, it will not disclose or re-export any technical data received under this order to any countries for which the United States government requires an export license or other supporting documentation at the time of export or transfer, unless Buyer has obtained prior written authorization from the United States Office of Export Control or other authority responsible for such matters. Buyer shall also comply with applicable laws and regulations relating to anti- corruption, including, without limitation, the United States Foreign Corrupt Practices Act (15 U.S.C. §§78dd-1, et. seq.) irrespective of the place of performance and laws in Buyer's country or any country where performance of this agreementor delivery of goods will occur. 8. Prices, Delivery, Title and Risk of Loss: Delivery dates are approximate and based upon receipt of all necessary information from Buyer. Unless otherwise specified by Seller, delivery will be made and title and risk of loss or damage will pass F.O.B. destination to Buyer and each shipment or delivery shall be considered a separate and independent transaction. Unless otherwise quoted, prices for goods shall be those in effect at the time of shipment. Prices for special-order goods may be subject to change prior to shipment; Seller shall notify Buyer of any change, and Buyer may, subject to the Cancellation provisions, ask to cancel the special-order goods if the revised prices are unacceptable, in which case Buyer shall be liable for vendor-related charges due to the cancellation. Unless otherwise stated, all quotations expire thirty (30) days from the date of the quotation, or such earlier time as Seller provides notice to Buyer if not already accepted. This time limit applies even if Buyer has used the quotation to submit a job or project bid to any other party. 9. Warehousing Terms and Conditions. THIS SECTION SHALL ONLY APPLY WHEN SELLER IS PROVIDING, WITHIN PREMISES OWNED, LEASED, SUBLEASED, AND/OR LICENSED BY SELLER (AS APPLICABLE, THE "SPACE"), STORAGE, KITTING, ASSEMBLY, STAGING, MODIFICATION, FABRICATION AND/OR RELATED SERVICES (COLLECTIVELY, "WAREHOUSING SERVICES") INVOLVING EQUIPMENT, INVENTORY, MATERIALS, TOOLS, AND/OR OTHER GOODS THAT ARE OWNED BY BUYER OR A THIRD-PARTY THAT HAS 2 AUTHORIZED BUYER TO POSSESS AND PROVIDE SAME TO SELLER FOR THE PROVISION OF WAREHOUSING SERVICES (COLLECTIVELY, "WAREHOUSED GOODS"). This Section shall be read to compliment and supplement the other sections of these T&Cs, which shall also apply to Warehousing Services, but with the provisions of this Section controlling over any conflicting provisions in any other Section(s) of these T&Cs solely when and to the extent concerning Warehoused Goods and/or Warehousing Services. (a) Buyer Warranties. Buyer warrants that: (i) it owns and has good and clear title to the Warehoused Goods or, if a third-party owns the Warehoused Goods, is otherwise entitled to possess and provide same to Seller for the provision of Warehousing Services; and (ii)the Warehoused Goods are non-hazardous, non-explosive, and not highly flammable and will not require refrigeration or other specialized storage unless otherwise expressly agreed by Seller in writing. (b) Rates for Warehousing Services. Rates and charges for Warehousing Services may be changed from time to time by: (i) Seller's provision of at least thirty (30) days' written notice to Buyer; or (ii) the mutual written agreement of the parties. Unless otherwise agreed in writing, rates for Warehousing Services shall cover only Seller's reasonable and ordinary labor involved in receiving the Warehoused Goods at the Space, placing the Warehoused Goods into storage in the Space (if applicable), and returning Warehoused Goods to the loading door or dock of the Space for pick-up by the Buyer or its carrier. Unless otherwise agreed in writing, Buyer shall be solely liable for all shipping, packaging, cargo insurance, and other charges, as well as any demurrage and/or detention charges incurred in connection with loading, unloading, packaging, receipt, and/or delivery of the Warehoused Goods. Buyer shall reimburse Seller on demand for all other costs incurred by Seller in connection with performing the Warehousing Services, including non-routine labor and other special services (i.e., other than ordinary handling and storage) at Seller's then prevailing rates. (c)Warehousing Services Warranties; Disclaimer and Exclusive Remedies. Seller warrants that it will perform the Warehousing Services with a reasonable degree of care. Claims for breach of such warranty must be submitted to Seller in writing, along with photographs and other reasonable supporting documentation, no more than three (3) business days after Buyer first becomes aware or first reasonably should have become aware of such claim, but in no event more than ten (10) calendar days after the conclusion of the Warehousing Service(s)at issue. Seller's good faith determination of the validity of any such warranty claim shall control and Buyer shall comply with Seller's instructions regarding the use, return, and/or disposal of any such Warehoused Goods as part of the warranty process. EXCEPT AS EXPRESSLY PROVIDED IN THIS SUBSECTION IMMEDIATELY ABOVE, SELLER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, RESPECTING WAREHOUSED GOODS OR WAREHOUSING SERVICES, AND SELLER SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING BY USAGE OF TRADE, OR COURSE OF DEALING OR PERFORMANCE. CUSTOMER'S EXCLUSIVE REMEDIES FOR BREACH OF SUCH LIMITED WARRANTY ARE REPAIR OR REPLACEMENT OF THE WAREHOUSED GOOD(S), CORRECTION OR RE-PERFORMANCE OF THE WAREHOUSING SERVICE(S), OR REFUND OR CREDIT FOR THE ORIGINAL PURCHASE PRICE PAID BY CUSTOMER TO SELLER FOR THE WAREHOUSED GOOD(S)AND/OR WAREHOUSING SERVICE(S) AT ISSUE, AT SELLER'S OPTION. (d)Title and Risk of Loss; Care, Custody, and Control. Title to and ownership of the Warehoused Goods shall, as between Buyer and Seller, remain exclusively with Buyer. Except to the extent of Seller's limited warranty and exclusive remedy obligations, Buyer is solely responsible for all risk and actual loss of, damage to, or destruction of the Warehoused Goods. Care, custody, and control over the Warehoused Goods shall at all times, as between Buyer and Seller, remain exclusively with Buyer, except that Seller shall be deemed to have care and custody solely when the Warehoused Goods are in Seller's physical possession in the Space for purposes of the Warehousing Services, in which case Seller's obligations are limited to the fulfillment of its limited warranty and exclusive remedy obligations. For the avoidance of doubt, and notwithstanding anything herein to the contrary, Buyer is solely responsible and shall release, defend, and indemnify Seller, its affiliates, and its/their employees, agents,officers, directors,and insurers from and against all loss of,damage to,or destruction or costs of or resulting from the Warehoused Goods in connection with any latent defects in the Warehoused Goods or any event or occurrence outside of Seller's reasonable control, including, but not limited to, as a result of theft, vandalism, riot, pandemic, 3 flood,fire, earthquake, hurricane,war,tornado, major storm,government takings,or other"force majeure" events or occurrences. (e) Relocation of Warehoused Goods. Buyer shall be responsible for ensuring that the Warehoused Goods are safely and securely loaded and transported away from the Space on or before the termination or expiration of the Warehousing Services at issue. If Seller relocates the Warehoused Goods to a location other than the Space due to emergency or Buyer's failure to load and transport such Warehoused Goods away on or before the termination or expiration of the applicable Warehousing Services, all risk of loss shall immediately transfer back to Buyer, including during such relocation,and all costs and expenses related thereto, including, but not limited to, packaging and transportation costs, cargo insurance, additional storage costs, legal fees and court costs, plus reasonable overhead and profit, shall be immediately reimbursed to Seller by Buyer on demand. (f) Insurance Requirements for Warehoused Goods. Buyer is solely responsible for insuring the Warehoused Goods, at all times, including, without limitation, while in the Space and through and including handling, packaging, loading, unloading, and transport to and from all locations. Buyer and its insurers shall waive all rights of subrogation and recovery against Seller and its affiliates and its and their insurers,officers,directors,and employees with respect to the Warehoused Goods. At a minimum, Buyer, at its sole cost, shall procure and maintain throughout the duration of the Warehousing Services the following types of insurance in amounts and with insurers acceptable to Seller: (1) Commercial General Liability Insurance; (2) Worker's Compensation & Employer's Liability (stop gap) Insurance; (3) Auto Liability Insurance ; (4) Umbrella Liability Insurance; and (5) All-Risk Property Insurance at no less than full replacement cost for all Warehoused Goods and all of Buyer's real and other personal property, machinery, equipment, fixtures and any other property owned or leased by Buyer and in any way related to the Warehousing Services and/or Warehoused Goods. Such policies shall be endorsed to name Seller as additional insured and endorsed to provide a Waiver of Subrogation in favor of Seller. Buyer shall be solely responsible for all premiums, deductibles, and self-insured retentions. 10. Excusable Delays: Seller will notify Buyer promptly of any material delay and will specify the revised delivery as soon as practicable. Seller shall not be liable for delays in delivery or performance, or for failure to manufacture, deliver or perform as a result of acts of God, fire, acts of civil or military authority, governmental priorities, strikes or other disturbances, floods, epidemics, war, riots, delays in transportation or car shortages, or inability on account of causes beyond the reasonable control of Seller to obtain necessary materials, components, services or facilities, or any other cause beyond Seller's reasonable control. In the event of any such delay there will be no termination and the date of delivery or performance shall be extended for a period equal to the time lost by the reason of the delay. 11. Cancellation: Unless the cancellation is due to a default by Seller, once an order is placed with and accepted by Seller, the order cannot be cancelled, unless Seller consents in writing. If an order is cancelled, Buyer shall reimburse Seller for any cost it incurs as a result of such cancellation, including but not limited to cancellation or restocking fees. 12. Returns: Merchandise is not returnable without the written consent of Seller. Requests for permission to return must be made within thirty days after receipt of shipment. Seller will assign an authorized number for approved returns which must appear on both the customer's shipping container and the related debit memo. Only current items in their original cartons standard package quantities are subject to return.All unauthorized returns will be sent back to Buyer at Buyer's expense. Return shipments must be pre-paid and shipped in accordance with the instructions set forth on the return authorization form. Credit will be issued, less any transportation charges and service 4 charges, to cover handling, inspection, counting, repacking, etc. 13. Payments and Financial Conditions: Unless otherwise provided, deduct percentage cash discount shown in C/D column from total due (which is intended to include sales tax, if any is charged) if paid by 10th of the month following purchase, otherwise net payment is due by the 15th of the month following purchase. Except to the extent otherwise specified by Seller in its quotation, pro rata payments shall become due without setoff as shipments are made. If Seller consents to delay shipment after receipt of any specially ordered products, payment shall become due on the date when Seller is prepared to make shipment. Any order for products by Buyer shall constitute a representation that Buyer is solvent and has the ability to pay its obligations as they become due. In addition, upon Seller's request, Buyer will furnish a written representation concerning its solvency at anytime prior to shipment. If Buyer's financial condition at any time does not justify continuance of the work to be performed by Seller hereunder on the agreed terms of payment, Seller may require full or partial payment in advance. In the event of Buyer's bankruptcy or insolvency, or in the event any proceeding is brought against Buyer, voluntary or involuntary, under any bankruptcy or insolvency laws, Seller shall be entitled to cancel any order then outstanding at any time during the period allowed for filing claims against the estate, and shall receive reimbursement for its proper cancellation charges. Seller's rights under this article are in addition to all rights as they are available to it at law or in equity. If Seller has extended credit to Buyer through a Credit Agreement, Buyer hereby grants a purchase money security interest to Seller in the following collateral: (i) any and all electrical supplies and other goods purchased or otherwise obtained from Seller by Buyer; (ii) any and all accounts receivable and other rights to payment obtained by Buyer as a result of, or in connection with, the installation of electrical supplies or other goods purchased from Seller upon or into real or personal property of another, including, but not limited to, any statutory liens or security interests securing any such rights to payment, and any chose in action to obtain or secure payment; and (iii) any and all proceeds of the foregoing. This security interest shall secure any and all obligations, of any kind, owed by Buyer to Seller, whenever incurred. In the event of default by Buyer on any such obligation, Seller shall be entitled to exercise any of the rights of secured creditors under Article 9 of the Uniform Commercial Code. Buyer further agrees to take any and all action requested by Seller to enforce any right to payment in which Seller has a security interest hereunder, at Buyer's sole cost. If Seller has extended credit to Buyer through a Credit Agreement, Seller may exercise, from time to time, any and all rights and remedies available to it under the UCC or under any other applicable law in addition to, and not in lieu of, any rights and remedies expressly granted in the Credit Agreement signed by Buyer or in any other agreements between any Buyer and Seller, and may, without demand or notice of any kind, appropriate and apply toward the payment of such of the obligations, whether matured or unmatured, including costs of collection and attorneys' and paralegals'fees and costs, and in such order of application as Seller may, from time to time, elect, any indebtedness of Seller to any Buyer, however created or arising, including balances, credits, deposits, accounts or moneys of such Buyer in the possession, control or custody of, or in transit to Seller. Buyer, on behalf of itself and any obligor under the Credit Agreement, hereby waives the benefit of any law that would otherwise restrict or limit Seller in the exercise of its right, which is hereby acknowledged, to appropriate at any time hereafter any such indebtedness owing from Seller to any Buyer. 5 14. Disclosure of Information: Any information, suggestions or ideas transmitted by Buyer to Seller in performance hereunder are not to be regarded as secret or submitted in confidence except as may be otherwise provided in writing and signed by a duly authorized representative of Seller. 15. Electronic Interchange of Data: Each party agrees that the electronic signatures, whether digital or encrypted, of the parties included in any writings are intended to authenticate the writing and to have the same force and effect as manual signatures. If Buyer and Seller mutually agree to use an electronic method or system to facilitate purchase and sale transactions, Buyer agrees that it will not contest: (i) any contract of sale resulting from such electronic means of data exchange under the provisions of any law relating to whether agreements must be in writing or signed by the party to be bound thereby; or (ii) the admissibility of copies of electronic records under the business records exception to the hearsay rule, the best evidence rule or any other similar rule, on the basis that such records were not originated or maintained in documentary form. Buyer and Seller will negotiate and agree on technical standards and methods to use in making electronic purchases, and will use reasonable security procedures to protect electronic records from improper access. In the event of a conflict, the business records maintained by Seller regarding electronic purchases made by customer shall be deemed to be conclusive. 16. Taxes: In addition to any price specified herein, Buyer shall pay the gross amount of any present or future sales, use, excise, value-added or other similar tax applicable to the price, sale, or delivery of any product or services furnished hereunder, or to their use by Seller or Buyer, or Buyer shall furnish Seller with a tax exemption certificate acceptable to the taxing authorities. 17. Claims Against Seller: In order to give Seller a reasonable opportunity for investigation, any claim by Buyer against Seller based wholly or in part upon, or any manner related to this agreement and/or merchandise sold hereunder, shall be made in writing and delivered to Seller within (30) days after the date of sale or occurrence giving rise to the claim, whichever shall be later; otherwise such claims shall be waived. Each notice of claims shall set forth fully the facts on which the claim is based. Any action based on such claim, or otherwise arising hereunder, must be commenced and prosecuted within two years after the cause of action has accrued. 18. General: Any products delivered by Seller hereunder will be produced in compliance with the Fair Labor Standards Act of 1938 as amended and applicable. Seller will comply with applicable Federal, State, and local laws and regulations as of the date of any quotation, which relate to (i) non- segregated facilities and Equal Employment Opportunity (including the seven paragraphs appearing in Section 202 of Executive Order 11246 as amended) and (ii)Worker's Compensation. Price and, if necessary, delivery will be equitably adjusted to compensate Seller for the cost of compliance with any other laws and regulations. The delegation or assignment by Buyer of any or all of its duties or rights hereunder without Seller's prior written consent shall be void. Any representation, promise, course of dealing, or trade usage not contained or referred to herein, will not be binding on Seller. No modification, amendment, rescission, waiver or other change shall be binding on Seller unless assented to in writing by Seller's authorized representative. The validity, performance and all matters relating to the interpretation and effect of this agreement or any amendment hereto shall be governed by the Uniform Commercial Code as in effect in the state in which Seller's place of business is located. Waiver by Seller of any default by Buyer hereunder shall not be deemed a waiver by Seller of any default by 6 Buyer which may thereafter occur. 19. Paragraph Headings: Paragraph headings are inserted for convenience only and shall not be deemed to limit or affect the scope of the provisions contained therein. Rev. 10-2023 7 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith 65 - Wastewater Fund 3590 - WW Construction Projects From 10/1/2024 Through 9/30/2025 Budget with Current Year Budget Amendments Actual Remaining Capital Outlay 96154 Filter Upgrade Projects 36,849,617.04 0.00 36,849,617.04 11281.H WRRF Tertiary Filtration 0.00 2,464,378.00 (2,464,378.00) Facilities - SDC's Total Capital Outlay 36,849,617.04 2,464,378.00 34,385,239.04 TOTAL EXPENDITURES 36,849,617.04 2,464,378.00 34,385,239.04 Date: 10/29/24 10:31:04 AM Page: 1:1 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith 65 - Wastewater Fund 3590 - WW Construction Projects From 10/1/2024 Through 9/30/2025 Percent of Budget Remaining 100.00% 0.00% 93.31% 93.31% Date: 10/29/24 10:31:04 AM Page: 1:2 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Award of Bid and Equipment Contract to Advanced Electrical Technologies for the Tertiary Filtration Electrical Package 2 for MCC, PLC's & Comm Panels for the Not-To-Exceed amount of$340,000.00 C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts Meeting Date: 11/6/2024 Presenter: Consent Estimated Time: N/A Topic: Approve award of bid and equipment contract to Advanced Electrical Technologies for the Tertiary Filtration Electrical Package 2 for MCC, PLC's & Comm Panels for the Not-To-Exceed amount of$340,000.00. Recommended Council Action: Award of Bid and approval of agreement for the Not-To-Exceed amount of$340,000.00 and authorize the Procurement Manager to sign. Background: This is the result of Formal Bid #PW-2426-11281.L. 2 bids were received. Docusign Envelope ID:87FAEBA3-3F38-4BDA-8749-39938CE87B43 AGREEMENT FOR THE SUPPLY OF ELECTRICAL EQUIPMENT FOR THE TERTIARY FILTRATION PROJECT— ELECTRICAL PACKAGE 2 — MCC's. PLC's, & COMM PANELS PROJECT# 11281.L. THIS AGREEMENT FOR EQUIPMENT PROCUREMENT is made this 6th day of November, 2024, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Advanced Electrical Technologies, hereinafter referred to as "SUPPLIER", whose business address is 720 S. Kit, Caldwell, ID 83605. INTRODUCTION Whereas, the City has a need for 1 MCC, 2 PLC's and 2 Comm Panels as specified in the contract documents; and WHEREAS, the Supplier is specially trained, experienced and competent to provide and has agreed to provide such equipment; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1 . Services, Supplies, Equipment Specifications & Requirements: 1 .1 Supplier shall supply the Switchboards to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all items, and comply in all respects, as specified in the Invitation for Bids titled "TERTIARY FILTRATION PROJECT — ELECTRICAL PACKAGE 2" and Suppliers bid dated by which by this reference are incorporated herein, together with all addendums issued. 1 .2 The Supplier shall provide all equipment and services under this Agreement consistent with the requirements and standards established by applicable federal, state and City laws, ordinances, regulations and resolutions and the UCC. The Supplier represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. TERTIARY FILTRATION ELECTRICAL PACKAGE 2—MCC's, PLC's & COMM PANELS page 1 of 10 112811. Docusign Envelope ID:87FAEBA3-3F38-4BDA-8749-39938CE87B43 2. Consideration 2.1 The Supplier shall be compensated on a Fixed Price basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof, for the Not-To-Exceed amount of $340,000.00. 2.2 The Supplier shall provide the City with a detailed invoice upon delivery of all services, supplies, equipment or chemicals, which the City will pay within 30 days of receipt of a correct invoice and approval by the City Project Manager. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Supplier under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Supplier. 2.3 Except as expressly provided in this Agreement, Supplier shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Supplier shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Invoices Invoices shall be rendered in duplicate and shall include: (1) Purchase Order number; (2) pricing; (3) quantity; (4) description; (5) any sales taxes or use taxes as separate items, giving permit number authorizing collection of use taxes; (6) point of shipment; (7) method and class of shipment; (8) complete routing of shipment; and (9) whether transportation expense has been prepaid. Seller/Contractor/Contractor agrees to make a separate invoice for each order and shipment. Unless otherwise expressly provided in the Purchase Order, all taxes, duties, tolls, fees, import charges, or other governmental exactions shall be deemed included in the purchase price of the supplies and services and the City shall have no liability to pay Seller/Contractor/Contractor or any third party any amount in excess of the specified purchase price. City of Meridian, a local governmental entity of the State of Idaho, is exempt from any Federal Manufacturer's Excise Tax under the provision of Section 4221(a)(4) of the Internal Revenue Code. All invoices shall exclude such excise tax. All invoices shall be sent to the following address: City of Meridian, Accounts Payable, 33. East Broadway Ave., Meridian, Idaho 83642. TERTIARY FILTRATION ELECTRICAL PACKAGE 2—MCC's, PLC's &COMM PANELS page 2 of 10 112811. Docusign Envelope ID:87FAEBA3-3F38-4BDA-8749-39938CE87B43 4. Term: 4.1 This agreement shall become effective upon execution by both parties, and shall expire upon on successful startup and commissioning or unless sooner terminated as provided below. 4.2 The City reserves the right to extend the agreement for up to four (4) additional one-year periods if mutually agreeable to both parties. Any and all extensions must be documented in writing and be executed by both parties. Any continuation of this agreement beyond September 30 of any fiscal year is subject to City Council approval. 4.3 Should Supplier default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Supplier. 4.4 Should City fail to pay Supplier all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Supplier, at the Supplier's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 5. Termination: If, through any cause, Supplier, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, the City shall thereupon have the right to terminate this Agreement by giving written notice to Supplier of such termination and specifying the effective date thereof at least fifteen (15)days before the effective date of such termination. Notwithstanding the above, Supplier shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Agreement by Supplier, and the City may withhold any payments to Supplier for the purposes of set-off until such time as the exact amount of damages due the City from Supplier is determined. This provision shall survive the termination of this agreement and shall not relieve Supplier of its liability to the City for damages. 6. Independent Supplier: 6.1 In all matters pertaining to this agreement, Supplier shall be acting as an independent Supplier, and neither Supplier nor any officer, employee or agent of Supplier will be deemed an employee of City. Except as expressly provided in Attachment A, Supplier has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and TERTIARY FILTRATION ELECTRICAL PACKAGE 2—MCC's, PLC's &COMM PANELS page 3 of 10 112811. Docusign Envelope ID:87FAEBA3-3F38-4BDA-8749-39938CE87B43 designation of the personnel of the City in the performance of this agreement shall be made by the City. 6.2 Supplier, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent Suppliers and not as employees of the City. 6.3 Supplier shall determine the method, details and means of performing the work and services to be provided by Supplier under this Agreement. Supplier shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Supplier in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Supplier, such persons shall be entirely and exclusively under the direction and supervision and control of the Supplier. 7. Indemnification and Insurance: a. Supplier shall indemnify and save and hold harmless City from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, or resulting from,the performance of this Agreement by the Supplier, its servants, agents, officers, employees, guests, and business invitees, to the extent caused by the negligence or willful misconduct of Supplier, and not caused by or arising out of the tortuous conduct of City or its employees. Supplier shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the City shall be named an additional insured, except Workers Compensation Insurance, in the minimum amounts as follow: General Liability One Million Dollars ($1 ,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1 ,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City; and if City becomes liable for an amount in excess of the insurance limits, herein provided, Supplier covenants and agrees to indemnify and save and hold harmless City from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Supplier or Supplier's officers, employs, agents, representatives or sub- suppliers and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. Supplier shall provide City with a Certificate of Insurance, or other proof of insurance evidencing Supplier's compliance with the requirements of this paragraph and file such proof of insurance with the City at least ten (10) days prior to the date Supplier begins performance of its obligations under this Agreement. In the event the insurance minimums are changed, Supplier TERTIARY FILTRATION ELECTRICAL PACKAGE 2—MCC's, PLC's &COMM PANELS page 4 of 10 11281 .L. Docusign Envelope ID:87FAEBA3-3F38-4BDA-8749-39938CE87B43 shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 7.2 Any deductibles, self-insured retention, or named insureds must be declared in writing to the City. 7.3 To the extent of the indemnity in this contract, Supplier's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Supplier's insurance and shall not contribute with Supplier's insurance except as to the extent of City's negligence. b. The Supplier's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 7.4 All insurance coverages for Suppliers subs shall be subject to all of the insurance and indemnity requirements stated herein. 7.5 The limits of insurance described herein shall not limit the liability of the Supplier and Supplier's agents, representatives, employees or subcontractors. 7.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 8. Warranty: In addition to any warranty required in the specifications, all equipment, coatings, valves, controls, and other components provided under this agreement shall be guaranteed for one (1) year against defects in workmanship and materials from the notice of acceptance. 9. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Procurement Manager 33 E. Broadway Avenue Meridian, Idaho 83642 Ph. (208) 489-0417 Email: kwatts@meridianCity.org TERTIARY FILTRATION ELECTRICAL PACKAGE 2—MCC's, PLC's &COMM PANELS page 5 of 10 112811. Docusign Envelope ID:87FAEBA3-3F38-4BDA-8749-39938CE87B43 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 10. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 11 . Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 12. Assignment: It is expressly agreed and understood by the parties hereto, that Supplier shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of City. 13. Discrimination Prohibited: In performing the Work required herein, Supplier shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 14. Reports and Information: 14.1 At such times and in such forms as the City may require, there shall be furnished to the City such statements, records, reports, data and information as the City may request pertaining to matters covered by this Agreement. 14.2 Supplier shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 15. Audits and Inspections: Subject to applicable laws respecting the protection of privacy and the City's requirement to comply with the Idaho Public Records Act, at any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all of Supplier's records with respect to all matters covered by this Agreement. Supplier shall permit the City to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of TERTIARY FILTRATION ELECTRICAL PACKAGE 2—MCC's, PLC's &COMM PANELS page 6 of 10 112811. Docusign Envelope ID:87FAEBA3-3F38-4BDA-8749-39938CE87B43 employment and other data relating to all matters covered by this Agreement. 16. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The City shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 17. Compliance with Laws: In performing the scope of work required hereunder, Supplier 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. Certifications. Pursuant to Idaho Code §§ 67-2359 and 67-2346, Contractor hereby certifies: A. That Contractor is not currently owned or operated by the government of China and will not, for the duration of this Contract, be owned or operated by the government of China. B. That Contractor is not currently engaged in, and will not for the duration of the Contract engage in, a boycott of goods or services from Israel or territories under its control. C. Consultant certifies that: (i) as of the Effective Date, it is not engaged in a "Boycott," as defined in Idaho Code §67-2347A, of any individual or company because that individual or company engages in or supports (a) the exploration, production, utilization, transportation, sale, or manufacture of fossil fuel-based energy, timber, minerals, hydroelectric power, nuclear energy, or agriculture, or (b) the manufacture, distribution, sale, or use of any "Firearm," as defined in Idaho Code §18- 3302(2)(d); and (ii) it will not engage in any such boycott during the Term. 18. Changes: The City may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of Supplier's compensation, which are mutually agreed upon by and between the City and Supplier, shall be incorporated in TERTIARY FILTRATION ELECTRICAL PACKAGE 2—MCC's, PLC's &COMM PANELS page 7 of 10 112811. Docusign Envelope ID:87FAEBA3-3F38-4BDA-8749-39938CE87B43 written amendments which shall be executed with the same formalities as this Agreement. 19. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 20. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 21 . Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 22. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 24. Order of Precedence: The order or precedence shall be this contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 23. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 24. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. 25. Consequential Damages: In no event will either party be liable to the other for consequential damages, except to the extent of gross negligence or willful misconduct. CITY OF MERIDIAN: ADVANCED ELECTRICAL TECHNOLOGIES: by: By: By: FSIgned taVcSt Keith Watts, Procurement Manager Dated: 11-6-2024 Dated. 10/30/2024 1 11:07 AM PDT CITY PM: David Briggs Approved by Council: TERTIARY FILTRATION ELECTRICAL PACKAGE 2—MCC's, PLC's & COMM PANELS page 8 of 10 112811. Docusign Envelope ID:87FAEBA3-3F38-4BDA-8749-39938CE87B43 ATTACHMENT A SPECIFICATIONS & REQUIREMENTS REFER TO INVITATION TO BID PW-2426-11281 .L ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK Documents from the Invitation to Bid: • VOLUME 1 : TECHNICAL SPECIFICATIONS — WRRF TERTIARY FILTRATION FACILITIES PRE- PROCUREMENT PACKAGE 2 by Stantec Consulting Services, Inc. (100 pages) • DRAWINGS — WRRF TERTIARY FILTRATION FACILITIES PRE-PROCUREMENT PACKAGE 2 by Stantec Consulting Services, Inc. (21 pages) See attached updated documents: • Rockwell Automation Document # STFB3MCC0001 • Updated Drawings: MERIDIAN WATER RESOURCE RECOVERY FACILITY TERTIARY FILTRATION FACILITIES (19 pages) TERTIARY FILTRATION ELECTRICAL PACKAGE 2—MCC's, PLC's & COMM PANELS page 9 of 10 112811. Docusign Envelope ID:87FAEBA3-3F38-4BDA-8749-39938CE87B43 ATTACHMENT B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $340,000.00. MILESTONE DATES/PRICING SCHEDULE EQUIPMENT SUPPLEMENTARY REFERENCE ITEM DESCRIPTION REFERENCE QTY TOTAL SPECIFICATION SPECIFICATIONS DRAWINGS 500-E-202 1 MCC's 26 24 19 500-E-604 $70,000.00 500-E-607 000-1-603 000-1-604 10 63 13 500-1-501 2 Chem Building 3 PLC 40 95 10 4091 00 500-1-502 $145,000.00 40 95 13 500-1-503 40 95 20 530-1-1501 530-1-502 530-1-503 000-1-603 000-1-604 10 63 13 500-1-501 3 TF Building PLC 40 95 10 4091 00 500-1-502 $95,000.00 40 95 13 500-1-503 40 95 20 530-1-1501 530-1-502 530-1-503 000-1-603 10 63 13 000-1-604 4 Chem Building 3 Comms 40 95 10 4091 00 500-1-504 Panel 40 95 13 500-1-505 $15,000.00 40 95 20 530-1-504 530-1-505 000-1-603 10 63 13 000-1-604 5 TF Building Comms Panel 40 95 10 4091 00 500-1-504 $15,000.00 40 95 13 500-1-505 40 95 20 530-1-504 530-1-505 Contract includes furnishing all labor, materials, equipment, and incidentals as required for the Tertiary Filtration Electrical Package 2 - Pre-Procurement per ITB #PW-2426-11281 .L. All equipment shall be delivered (FOB Destination) to the City, 3401 N. Ten Mile Road, Meridian, I D 83646. The manufacturer will submit at time of delivery; complete operation and maintenance manuals covering the equipment as delivered. CONTRACT TOTAL....................... $340,000.00 TERTIARY FILTRATION ELECTRICAL PACKAGE 2—MCC's, PLC's &COMM PANELS page 10 of 10 112811. Docusign Envelope ID:87FAEBA3-3F38-4BDA-8749-39938CE87B43 Rockwell Automation Centerline 2100 Motor Control Center Basic Structure Information Project Name: City of Meridian WRRF TF Project Item: STFB3MCC0001 Project ID#: 5334856/1 Motor Control Center Details This MCC(s)was developed using an available fault current of 50,001 to 65,000 A. MCC configuration & pricing subject to change, if actual Available Fault Current differs. Motor Control Center Details Insulated Bus: None Selected Power System Type:Wye, 3-phase,3-wire with solidly grounded neutral Horizontal Ground Bus Size: 1/4"X 2" Voltage:480 Volts/60 Hertz Horizontal Ground Bus Plating: Unplated Copper Available Fault Current: 50,001 to 65,000 A Horizontal Ground Bus Location:Bottom Master Nameplate: 1 Line(s) Vertical Ground Bus Type: Unit Load Copper and Plug-in Unit Nameplate Type:Acrylic-Black letters on white Copper Wiring Type:B-T Control and Power Terminal Blocks Incoming Ground Lug Size:#6 AWG-250 kcmil(2 Wiring Diagram Location:Within each unit Supplied as Standard) Arc Resistant MCC: No Incoming Ground Cable Size: None Selected IntelliCENTER Network: Ethernet IMC Device Firmware: Upgraded to latest available version Enclosure Details (saves up to 1 hour of customer configuration time per Enclosure Type: 1G-with Gasketed Doors section) NEMA 3R/4 Lifting Angle:No Section Depth: Front Mounted, 15"Deep Incoming Line Details Section Height:90"High MCC Connection Type: Main Circuit Breaker Stab Opening Protection:Automatic Shutters Incoming Line Cable Entry: Bottom Mounted Isolation Barriers:Yes Wireway Tie Bar:Yes Bus Details Main Bus Rating:600A Total Shipping Block(s): 1 Main Bus Material: Copper/Tin Plated Total Section(s): 3 Main Bus Bracing:65kA(rms symmetrical) Total Units : 16 Ethernet Network Information Full Ethernet Network Information can be found on the One-Line Diagram associated with this project item.This drawing can be obtained by requesting Pre-order drawings through PowerControl Builder. Section Modifications (Qtv/Mods) Section Number Section Width (inches) Options/Modifications 1 20" N/A 2 20" N/A 3 20" N/A Docusign Envelope ID:87FAEBA3-3F38-4BDA-8749-39938CE87B43 Rockwell Automation Centerline 2100 Motor Control Center Unit Description Project Name: City of Meridian WRRF TF Project Item: STFB3MCC0001 Project ID#: 5334856/1 General Information Line Voltage/Frequency: 480 Volts/60 Hertz Power System Configuration: Wye, 3-phase, 3-wire with solidly grounded neutral Class I Wiring Type: B-T Control and Power Terminal Blocks NEMA Enclosure Type: 1 G-with Gasketed Doors Available Fault Current: 50,001 to 65,000 A Unit Nameplate Type: Acrylic-Black letters on white Delivery Program: ENG Unit Information Description Unit Features Unit Loc:01A Del Prog: PEII Catalog Number:2100-ESW5220K-T10GRP-751S Unit ID:2 Total Space Factor= 1 ENSW-Stratix 5200 20-Port Full Stratix 5200 Firmware 1783-CMS20DN DLR(Device Level Ring) Power Adapters(w/Unit Mtg) Wiring Diagram 10007662157 Features Included Sleeve Type Markers(-751 S) Name Plate Information ETHERNET SWITCH Ethernet Information Device Type IP Address Subnet Mask 2100-ESW 192.168.1.1 255.255.255.0 No Cable Length Ethernet Switch Firmware Version: LATEST Unit Loc:01C Del Prog:SCII Catalog Number:2100-EPS8KBH-30TGM-751S Unit ID: 1 Total Space Factor= 1 ENPS-Ethernet Power Supply Unit Circuit Breaker:Thermal Magnetic,65kA at 480V(G6C Frame)(15A Trip) Disconnect Type=Circuit Breaker Rating Control:Transformer with Secondary Fuse,Standard Capacity,Primary Fusing, 125A V/60Hz Control Wiring:#16 AWG MTW(TEW)Cu Wiring Diagram 10004071286 Features Included Sleeve Type Markers(-751 S) Name Plate Information ETHERNET POWER SUPPLY Docusign Envelope ID:87FAEBA3-3F38-4BDA-8749-39938CE87B43 Unit Loc:01E Del Prog: ENG Catalog Number:2100M-CKC-36TGM-79L-79U Unit ID: 5 Total Space Factor= 1.5 FCBX-Empty Unit Insert Circuit Breaker:Thermal Magnetic,65kA at 480V(G6C Frame)(60A Trip) Disconnect Type Circuit Breaker Wiring Diagram 10005455227 Features Included Unit Ground Load Connector Unplated Cu(-79L) Name Plate Information Unit Grd Stab Unplated Cu(-79U) SPD Engineered Spec(s)/Modification(s) (1)ASCO SPD-300 ka/phase(At 480V Delta or Wye-At 600V Wye only)-UL Rated,450""""P30ACCN20 (1)Engineered Modification and/or Custom Diagram Unit Loc:01H Del Prog: FT1 Catalog Number:2193MB-DKC-48TKM-80A500 Unit ID:9 Total Space Factor=2.5 MCB-Main Circuit Breaker Circuit Breaker: Electronic(LSI),65kA at 480V(300)with Frame Rating of 400A(- NONE-Frame),Bottom Mounted,300ATrip Rating Lugs Supplied:Screw type mech.,CU/AL wire,350 kcmil Size Wire, 1 Cables per 300A Phase Wiring Diagram Engineered Spec(s)/Modification(s) 10004074268 (1) 140G Ground Fault, Electronic LSIG, Frame Sizes H,J, K(UL Rated),ARMS Option Name Plate Information (1)Engineered Modification and/or Custom Diagram MAIN INCOMING BREAKER (1) 140G Maintenance Mode-Switch Mode Selector Switch, Blue Indicator Light, 300 AMP &Control components for K&M Frame.-Separate Source(no CPT)For R and N Frame breakers, use option-760A (1)0.5 Space Factor Adder (1)80VA Control Transformer-Fusing/Fuse Block Included,1497-B-BASX-3-N Unit Loc:02A Del Prog:SCII Catalog Number:2193F-CKC-41TJM-79L-79U Unit ID:7 Total Space Factor= 1.5 FCB-Feeder Circuit Breaker Circuit Breaker:Thermal Magnetic,65kA at 480V(125)with Frame Rating of 250A (J6 Frame), Plug-In Unit, 125ATrip Rating Lugs Supplied:Std Mech/Lug Pads,250 kcmil Size Wire, 1 Cables per Phase 125A Features Included Wiring Diagram Unit Ground Load Connector Unplated Cu(-79L) 10004849880 Unit Grd Stab Unplated Cu(-79U) Name Plate Information STFB3AH00001 HEAT PUMP Overload Relay(s) Motor Full Load Current(FLC)=Not Available Docusign Envelope ID:87FAEBA3-3F38-4BDA-8749-39938CE87B43 Unit Loc:02D Del Prog: FT1 Catalog Number:2113B-BAB-3-5LGA-6P-7FE3EDCN3VR-39TGA-79L-79U- Unit ID: 3 85T-90-91-750-751S FVNR-Full Voltage Non-Reversing Starter w/CB Size: NEMA Size 1 Total Space Factor= 1 Rating Wiring: NEMA Type B wiring 5 HP Circuit Breaker: Instantaneous MCP, 100kA at 480V(G8P Frame)(15A Trip) Control:Transformer with Secondary Fuse,Standard Capacity,Primary Fusing, Wirinq Diagram 120V/60Hz 10008111980 Control Wiring:#14 AWG MTW(TEW)Cu(Tinned) Name Plate Information Features Included STFB3EXH0001 Selector Switch: HAND-OFF-AUTO(-3) EXHAUST FAN NO 1 Pilot Light(s):ON-OFF Type: LED Push To Test,Color(s):Green,Amber(-5LGA) Std Capacity Control Power Transformer W/Primary Fuses(-6P) Unit Ground Load Connector Unplated Cu(-79L) Overload Relay(s) Unit Grd Stab Unplated Cu(-79U) E300 Comm Based Overload(7FE3) Elapsed Time Meter(-85T) E300 Communication Option=EtherNet/IP 1 NO on Starter(-90) E300 Voltage Code= 120V AC 1 NC on Starter(-91) E300 Control Module=Control Only #14 AWG MTW(TEW)Cu(Tinned)(-750) E300 Sensing Module=0.5-30A Curr/Grnd Sleeve Type Markers(-751 S) Fault/Volt E300 Operator Station=Electronic Reset Engineered Spec(s)/Modification(s) E300 Expansion Module=Not Available (1)Bulletin 800T/H,Selector Switch, Padlocking Cover, Part number 800T-N163 Motor RPM=1800 (Padlock not included),80OT-N163 Motor Full Load Current(FLC)=6.88 Motor Service Factor= 1.15 (1)Engineered Modification and/or Custom Diagram (1)Bulletin 800H, Push Button, Push-Pull or Push-Pull/Twist,Maintained Contact, Non-I Iluminated,800H-FRX???? Ethernet Information (1)Rockwell Automation Bulletin 700-HK Slim Line Relay, DPDT,2-pole,2 Form C, Device Type IPAddress Subnet Mask AgNi Contacts,700-H K32? 2113 192.168.1.2 255.255.255.0 Note-TD4,TD5 Cable Length:2.3 m E300 Overload Firmware Version:LATEST Docusign Envelope ID:87FAEBA3-3F38-4BDA-8749-39938CE87B43 Unit Loc:02F Del Prog: FT1 Catalog Number:2113B-BAB-3-5LGA-6P-7FE3EDCN3VR-39TGA-79L-79U- Unit ID: 3 85T-90-91-750-751S FVNR-Full Voltage Non-Reversing Starter w/CB Size: NEMA Size 1 Total Space Factor= 1 Rating Wiring: NEMA Type B wiring 5 HP Circuit Breaker: Instantaneous MCP, 100kA at 480V(G8P Frame)(15A Trip) Control:Transformer with Secondary Fuse,Standard Capacity,Primary Fusing, Wirinq Diagram 120V/60Hz 10008111980 Control Wiring:#14 AWG MTW(TEW)Cu(Tinned) Name Plate Information Features Included STFB3EXH0002 Selector Switch: HAND-OFF-AUTO(-3) EXHAUST FAN NO 2 Pilot Light(s):ON-OFF Type: LED Push To Test,Color(s):Green,Amber(-5LGA) Std Capacity Control Power Transformer W/Primary Fuses(-6P) Unit Ground Load Connector Unplated Cu(-79L) Overload Relay(s) Unit Grd Stab Unplated Cu(-79U) E300 Comm Based Overload(7FE3) Elapsed Time Meter(-85T) E300 Communication Option=EtherNet/IP 1 NO on Starter(-90) E300 Voltage Code= 120V AC 1 NC on Starter(-91) E300 Control Module=Control Only #14 AWG MTW(TEW)Cu(Tinned)(-750) E300 Sensing Module=0.5-30A Curr/Grnd Sleeve Type Markers(-751 S) Fault/Volt E300 Operator Station=Electronic Reset Engineered Spec(s)/Modification(s) E300 Expansion Module=Not Available (1)Bulletin 800T/H,Selector Switch, Padlocking Cover, Part number 800T-N163 Motor RPM=1800 (Padlock not included),80OT-N163 Motor Full Load Current(FLC)=6.88 Motor Service Factor= 1.15 (1)Engineered Modification and/or Custom Diagram (1)Bulletin 800H, Push Button, Push-Pull or Push-Pull/Twist,Maintained Contact, Non-I Iluminated,800H-FRX???? Ethernet Information (1)Rockwell Automation Bulletin 700-HK Slim Line Relay, DPDT,2-pole,2 Form C, Device Type IPAddress Subnet Mask AgNi Contacts,700-H K32? 2113 192.168.1.3 255.255.255.0 Note-TD4,TD5 Cable Length:2.63 m E300 Overload Firmware Version:LATEST Docusign Envelope ID:87FAEBA3-3F38-4BDA-8749-39938CE87B43 Unit Loc:02H Del Prog: FT1 Catalog Number:2113B-BAB-3-5LGA-6P-7FE3EDCN3VR-41TGA-79L-79U- Unit ID:4 85T-90-91-750-751S FVNR-Full Voltage Non-Reversing Starter w/CB Size: NEMA Size 1 Total Space Factor= 1 Rating Wiring: NEMA Type B wiring 10 HP Circuit Breaker: Instantaneous MCP, 100kA at 480V(G8P Frame)(30A Trip) Control:Transformer with Secondary Fuse,Standard Capacity,Primary Fusing, Wiring Diagram 120V/60Hz 10008111982 Control Wiring:#14 AWG MTW(TEW)Cu(Tinned) Name Plate Information Features Included SPARE Selector Switch: HAND-OFF-AUTO(-3) Pilot Light(s):ON-OFF Type: LED Push To Test,Color(s):Green,Amber(-5LGA) Std Capacity Control Power Transformer W/Primary Fuses(-6P) Overload Relay(s) Unit Ground Load Connector Unplated Cu(-79L) E300 Comm Based Overload(7FE3) Unit Grd Stab Unplated Cu(-79U) E300 Communication Option=EtherNet/IP Elapsed Time Meter(-85T) E300 Voltage Code= 120V AC 1 NO on Starter(-90) E300 Control Module=Control Only 1 NC on Starter(-91) E300 Sensing Module=0.5-30A Curr/Grnd #14 AWG MTW(TEW)Cu(Tinned)(-750) Fault/Volt Sleeve Type Markers(-751 S) E300 Operator Station=Electronic Reset E300 Expansion Module=Not Available Motor RPM=1800 Engineered Soec(s)/Modification(s) Motor Full Load Current(FLC)= 13.65 (1)Bulletin 800T/H,Selector Switch, Padlocking Cover, Part number 800T-N163 Motor Service Factor= 1.15 (Padlock not included),800T-N163 (1)Engineered Modification and/or Custom Diagram (1)Bulletin 800H, Push Button, Push-Pull or Push-Pull/Twist,Maintained Contact, Ethernet Information Non-Illuminated,800H-FRX???? Device Type IPAddress Subnet Mask (1)Rockwell Automation Bulletin 700-HK Slim Line Relay, DPDT,2-pole,2 Form C, 2113 192.168.1.4 255.255.255.0 AgNi Contacts,700-H K32? Note-TD4,TD5 Cable Length:2.96 m E300 Overload Firmware Version:LATEST Unit Loc:02K Del Prog:SCII Catalog Number:2100-BK05 Unit ID: 10 Total Space Factor=0.5 DOOR-Blank Unit Door Unit Loc:02L Del Prog:SCII Catalog Number:2100-BK10 Unit ID: 11 Total Space Factor= 1 DOOR-Blank Unit Door Unit Loc:03A Del Prog:SCII Catalog Number:2193F-AKB-34TGM-79L-79U Unit ID: 6 Total Space Factor= 1 FCB-Feeder Circuit Breaker Circuit Breaker:Thermal Magnetic,65kA at 480V(40)with Frame Rating of 125A (G6C Frame), Plug-In Unit,40ATrip Rating Lugs Supplied:Std Mech/Lug Pads, 1/OAWG Size Wire, 1 Cables per Phase 40A Features Included Wiring Diagram Unit Ground Load Connector Unplated Cu(-79L) 10004266840 Unit Grd Stab Unplated Cu(-79U) Name Plate Information STFB3MKU0001 MAKE UP AIR UNIT Overload Relay(s) Motor Full Load Current(FLC)=Not Available Docusign Envelope ID:87FAEBA3-3F38-4BDA-8749-39938CE87B43 Unit Loc:03C Del Prog: FT1 Catalog Number:2113B-BAB-3-5LGA-6P-7FE3EDCN3VR-41TGA-79L-79U- Unit ID:4 85T-90-91-750-751S FVNR-Full Voltage Non-Reversing Starter w/CB Size: NEMA Size 1 Total Space Factor= 1 Rating Wiring: NEMA Type B wiring 10 HP Circuit Breaker: Instantaneous MCP, 100kA at 480V(G8P Frame)(30A Trip) Control:Transformer with Secondary Fuse,Standard Capacity,Primary Fusing, Wiring Diagram 120V/60Hz 10008111982 Control Wiring:#14 AWG MTW(TEW)Cu(Tinned) Name Plate Information Features Included STFB3EXH0003 Selector Switch: HAND-OFF-AUTO(-3) EXHAUST FAN NO 3 Pilot Light(s):ON-OFF Type: LED Push To Test,Color(s):Green,Amber(-5LGA) Std Capacity Control Power Transformer W/Primary Fuses(-6P) Unit Ground Load Connector Unplated Cu(-79L) Overload Relay(s) Unit Grd Stab Unplated Cu(-79U) E300 Comm Based Overload(7FE3) Elapsed Time Meter(-85T) E300 Communication Option=EtherNet/IP 1 NO on Starter(-90) E300 Voltage Code= 120V AC 1 NC on Starter(-91) E300 Control Module=Control Only #14 AWG MTW(TEW)Cu(Tinned)(-750) E300 Sensing Module=0.5-30A Curr/Grnd Sleeve Type Markers(-751 S) Fault/Volt E300 Operator Station=Electronic Reset Engineered Spec(s)/Modification(s) E300 Expansion Module=Not Available (1)Bulletin 800T/H,Selector Switch, Padlocking Cover, Part number 800T-N163 Motor RPM=1800 (Padlock not included),80OT-N163 Motor Full Load Current(FLC)= 13.65 Motor Service Factor= 1.15 (1)Engineered Modification and/or Custom Diagram (1)Bulletin 800H, Push Button, Push-Pull or Push-Pull/Twist,Maintained Contact, Non-I Iluminated,800H-FRX???? Ethernet Information (1)Rockwell Automation Bulletin 700-HK Slim Line Relay, DPDT,2-pole,2 Form C, Device Type IPAddress Subnet Mask AgNi Contacts,700-H K32? 2113 192.168.1.5 255.255.255.0 Note-TD4,TD5 Cable Length:2.64 m E300 Overload Firmware Version:LATEST Docusign Envelope ID:87FAEBA3-3F38-4BDA-8749-39938CE87B43 Unit Loc:03E Del Prog: FT1 Catalog Number:2113B-CAB-3-5LGA-6P-7FE3EDCN6VR-44TGA-79L-79U- Unit ID:8 85T-90-91-750-751S FVNR-Full Voltage Non-Reversing Starter w/CB Size: NEMA Size 2 Total Space Factor= 1 Rating Wiring: NEMA Type B wiring 25 HP Circuit Breaker: Instantaneous MCP, 100kA at 480V(G8P Frame)(50A Trip) Control:Transformer with Secondary Fuse,Standard Capacity,Primary Fusing, Wiring Diagram 120V/60Hz 10008111984 Control Wiring:#14 AWG MTW(TEW)Cu(Tinned) Name Plate Information Features Included SPARE Selector Switch: HAND-OFF-AUTO(-3) Pilot Light(s):ON-OFF Type: LED Push To Test,Color(s):Green,Amber(-5LGA) Std Capacity Control Power Transformer W/Primary Fuses(-6P) Overload Relay(s) Unit Ground Load Connector Unplated Cu(-79L) E300 Comm Based Overload(7FE3) Unit Grd Stab Unplated Cu(-79U) E300 Communication Option=EtherNet/IP Elapsed Time Meter(-85T) E300 Voltage Code= 120V AC 1 NO on Starter(-90) E300 Control Module=Control Only 1 NC on Starter(-91) E300 Sensing Module=6-60A Curr/Grnd Fault/Volt #14 AWG MTW(TEW)Cu(Tinned)(-750) E300 Operator Station=Electronic Reset Sleeve Type Markers(-751 S) E300 Expansion Module=Not Available Motor RPM=1800 Engineered Spec(s)/Modification(s) Motor Full Load Current(FLC)=32.34 (1)Bulletin 800T/H,Selector Switch, Padlocking Cover, Part number 800T-N163 Motor Service Factor= 1.15 (Padlock not included),80OT-N163 (1)Engineered Modification and/or Custom Diagram Ethernet Information (1)Bulletin 800H, Push Button, Push-Pull or Push-Pull/Twist,Maintained Contact, Device Type IPAddress Subnet Mask Non-Illuminated,800H-FRX???? 2113 192.168.1.6 255.255.255.0 (1)Rockwell Automation Bulletin 700-HK Slim Line Relay, DPDT,2-pole,2 Form C, AgNi Contacts,700-H K32? Cable Length:2.97 m Note-TD4,TD5 E300 Overload Firmware Version:LATEST Docusign Envelope ID:87FAEBA3-3F38-4BDA-8749-39938CE87B43 Unit Loc:03G Del Prog: FT1 Catalog Number:2113B-BAB-3-5LGA-6P-7FE3EDCN3VR-41TGA-79L-79U- Unit ID:4 85T-90-91-750-751S FVNR-Full Voltage Non-Reversing Starter w/CB Size: NEMA Size 1 Total Space Factor= 1 Rating Wiring: NEMA Type B wiring 10 HP Circuit Breaker: Instantaneous MCP, 100kA at 480V(G8P Frame)(30A Trip) Control:Transformer with Secondary Fuse,Standard Capacity,Primary Fusing, Wiring Diagram 120V/60Hz 10008111982 Control Wiring:#14 AWG MTW(TEW)Cu(Tinned) Name Plate Information Features Included SPARE Selector Switch: HAND-OFF-AUTO(-3) Pilot Light(s):ON-OFF Type: LED Push To Test,Color(s):Green,Amber(-5LGA) Std Capacity Control Power Transformer W/Primary Fuses(-6P) Overload Relay(s) Unit Ground Load Connector Unplated Cu(-79L) E300 Comm Based Overload(7FE3) Unit Grd Stab Unplated Cu(-79U) E300 Communication Option=EtherNet/IP Elapsed Time Meter(-85T) E300 Voltage Code= 120V AC 1 NO on Starter(-90) E300 Control Module=Control Only 1 NC on Starter(-91) E300 Sensing Module=0.5-30A Curr/Grnd #14 AWG MTW(TEW)Cu(Tinned)(-750) Fault/Volt Sleeve Type Markers(-751 S) E300 Operator Station=Electronic Reset E300 Expansion Module=Not Available Motor RPM=1800 Engineered Soec(s)/Modification(s) Motor Full Load Current(FLC)= 13.65 (1)Bulletin 800T/H,Selector Switch, Padlocking Cover, Part number 800T-N163 Motor Service Factor= 1.15 (Padlock not included),800T-N163 (1)Engineered Modification and/or Custom Diagram (1)Bulletin 800H, Push Button, Push-Pull or Push-Pull/Twist,Maintained Contact, Ethernet Information Non-Illuminated,800H-FRX???? Device Type IPAddress Subnet Mask (1)Rockwell Automation Bulletin 700-HK Slim Line Relay, DPDT,2-pole,2 Form C, 2113 192.168.1.7 255.255.255.0 AgNi Contacts,700-H K32? Note-TD4,TD5 Cable Length: 3.3 m E300 Overload Firmware Version:LATEST Unit Loc:03J Del Prog:SCII Catalog Number:2100-BK10 Unit ID: 11 Total Space Factor= 1 DOOR-Blank Unit Door Unit Loc:03L Del Prog:SCII Catalog Number:2100-BK10 Unit ID: 11 Total Space Factor= 1 DOOR-Blank Unit Door o ms nEnveaR ID:9FA Ee$aq$4Bo$&$amScE8 7ma � k 0 ° _ Q 0 \ E 20 3 \ o : ' m ) $ ° _> ) mW E2 � 00 } / C-4 L- $ § .Se ) U = 0 � � § J o j LL ) \ } 33 �\ ) §G G E >/ = m d\\ _ mD \ mfgf )0) CO \ \ " /§\ § I i g) �c - %; [a T + $ � § j & c: \% § S %° » }Ef o/CL f a x � 7 ± 77 > @ � z C) E _ - " \ k § = 2 wLU 50 @2 \ \ e4a ( = 2m ¥ uI j \ \ § Docusign Envelope ID:87FAEBA3-3F38-4BDA-8749-39938CE87B43 I C p Z_ 2 O A a o s $ ¢ a F z Z z r.`05 0 00 0 V 0 x w� w NlslC g OULL oo OU � �A ;e L) < > _ p W Z ow NOlONIHSVM N003210 y o ' W Jw o_ ini UHugl=oo an U Z ggQOQgguiu uu ____NZ rc3mmmmmmm�mm mmmmmm � ���� ... 0 MM .. $ � ooZ. $ w6.66— U) wwwwww J� ^) J — I w ~ O � CO W J � o u Q o V o �, � J z . . w w w z t/� w (aQ �u w > 0::� -- U � z V� O Q o � � O � � � o Lu >- LU U 0::�~ w w Q LU o O U � N � Docusign Envelope ID:87FAEBA3-3F38-4BDA-8749-39938CE87B43 Pa°f OHV➢'NVR➢adw NOUYNDIH AdVllb31 'c 90Lf8 o4Wl'anof -_-_ -_ a...... Z O U uIIIJVd Ad3AOJ38 0_ ' 0 3Odnosm 831VM NVIQId3w a I� 3 rc m �� 7a�uers ® ;�Z o-� mo �E- E NVIala3w 3o uic o g o Ala °.3 O °% s°O 3 as e0 V s w z 6gN=g Y zo o w �I p°° w w€= 0 0 0 0��6 Des �4G 4G 68 68 ���� �3-a IIIII IIIII p€ i 0 U m Q Docusign Envelope ID:87FAEBA3-3F38-4BDA-8749-39938CE87B43 Pan f, OHVOI'NVR➢adw NOI1VNiII1 AdVllb31 Air o;ixe�o�h,oa,aNaaa pls Z O U AIIIIJVd Ad3AOJ38 0_ 0 3OYf10S3Y Y31VM NVI41Y3W ¢ k 3- ® _ �O� R ,u zj 7a�uers �Z 0 - o 9� 0 mo �E— 'E V=8 g NVIGIa3W 3o Alq o¢o I3 z.3 O luginsuo� dd l�afad�luaip d_ 0 a 6 O o r e € 0 0 owk j 3 a a w z, g 5 5 u o € € H °z „N;e "6�= w w Voovo �zs F- - Z Lu w 8ow ��x w < aoIT ppLU °s Z. w I as w I JIIIIIw w � w � sae H8 LLB= I w F'_a_'_'_a_'_'_a_a� —3-3ilili ��a " I � w i i w !� ililiw w I O w O`= O O j HW � d6 66 d6 dd O 14P Q4 a V a 3 3 44 44 3 0�on'a ffi �IIIII NWT 3 d dd rc �F 4Q Q4 �m I --oaa I $ I I � I I LLLL 3 0 U m Q o em9Em6ope\:yam Ee$aq%4BA$G$amacEZma -FIB. :�� _ . . . . \- ——— ——— : g« 1 O � oggV,_m : o _ ——— ——— &§§ G9 »mom O , - e 2-tI Win, *__ \, [ ( _ 4$ �o0 !1- J8 u■ \ E�K2/ �!® � U( K{ °/\ M =mf!%[!q) !iO ( AA E \ � ! a , ;!! m | �) \ ) }\ F- r\;! a F- }((� ƒ Oz ( ) - ± !°°` ! r (55 _- § ... ) ) _ > |||) E ) m 2 ( j ƒ § )t / w , % � 2 § \ { () )(\( L 2 21 - (§ O] � ■ ° w LL o \ § j ® * L w ] « ) Docusign Envelope ID:87FAEBA3-3F38-4BDA-874439938CE87B43 __— Payto 1 oHda"m mN -- -- Z list S31111IOV3 �i N s9essereoir —— O =`=E NOI1Villlll AaVllb31 'c i WHO90Lf8 o4Wl'anof -_-_ -_-_ g o o O e�o�h,oa,aNaaa°s Z O U "° uIm A83mm 0� 19 � m `E 0 3odnom 831VM NVI4IY3w ¢ I� �a�uers ® N ,s� a g§9 g2 °— �Zo � lud! �� mo �E- E ���� NVIaIa3w3ouic og o;Ig „gym 1.340 w°uns�o� f°aradp�e!o d- a 6 W) � 4 all a ' ws w s xom � ' mAm6 x � � � ww g € 1 ' 2 's = 5 � � � € s ' pax lilt 5 WWWWI < < pL N � alas, _ _ _ W °u ° 11J d _ _ _ m w i g _ _ _ _ a v A $ 3 cost 3HE 1 3 3 a co m � 0 Y w w w w w w w w w w w w w w w w w w w w w o o o 0 0 § § § o w H- At IF 7721-1-17F k 0 U m Q o em9Em6ope ID:yam Ee$aq%4B�$G$amac�Zma w .� _,_— :�� _ � . . . - --- --- p« \1 5 / NOIiVNiIH a o &§§ G9 »mom�, - 2-t Win, *__ § , [ — z$ �o= \ !);: J8 u■ \ E�0 �,fE r\o °/\ �=m f!%[! {\� § | ( ( /0 \0 \0 \0 n! a; a; n§ a; - () .: `! `! `, 24 Z; 2! 2; 2; r ) • § , 2 , , z. 1 §` ! () )4 ^ z & _ ! /; /; 2 z z z" 2! i) ) ~ � 1 §! _ .(\ \ \ ! ~r ^r --T ^r � t . . . . . . . . . . . . . . . . . . . . . � Docusign Envelope ID:87FAEBA3-3F38-4BDA-8749-39938CE87B43 Paossl oHdal'Ndlala3W m _ o e __. .. ... S3111110V3 Ed s9essereoir —— —— O =`= Noliva1111 Advllb31 90Lf8o4Wl'anof goo O o;ixe�o�h,oa,aNaaa ps z O U m="° AlI11JVd A83AOJ38 oz LO ....... I �;�0 3odnoM 831VM NVI41Y3W I� �o p �a�uers ® °O $4 w�= o �Zo 9a oa la � m0�E- 'E V=8g NVI41Y3W 30 A11� �u°llnauo� d � Q � € — i a 3 3 3 n a � rc rc a wIz �a Iz $w w w $w 8 t - r 1.8 i=w p w B 8 L� W 5 :o ow. : w 0 0 0 H LL 8 O m 3 p ag w w = yz. o 9 O 0 0 Z 0 0 a 0 Y p Fool 0 � ca � a < w w w w w w w w w w z 0 a � _ _ _ 0z rop m U z J_ D <.e m U) LU zcrsz<<.z W F J LL H 0 g J 111 a a z Ew m 1. Iz J _ 111 - < s i s § Docusign Envelope ID:87FAEBA3-3F38-4BDA-8749-39938CE87B43 __— Pa�f oHda'Ndaa3W _._ .. ._ .... �8 S31111I0V1 s9 w � s9essereoir —— O =E NOI1VNiIH AdVllb31 'c i d 90Lf8 o4Wl'anof -_-_ -_ g o o O o;ixe�o,h,oa,aNaaa ps Z O U m="° AIIIIJVd A83AOJ38 g2 � s E 0 3OYf10S3Y Y31VM NVI41Y3W a I� 50 �a�ue4 ® N sa w� o S W=o2 oao �a < E NVIGIMNAOLO ogoAla 0 °.3O �uglnsuo� loafo,dRua!I� d- € OO o o LID a �3 8 00 k 10 d d2 s xW _ oho o em9Em6ope ID:yam Ee$aq%4B�$G$amac�Zma :�� _ . . . . \- 1 O � 0ggv,_m : R \- _, _ ——— ——— &§§ G9 »mom O , - G - g6 Win, *__ \ [ \ — z$ �o0 \ �)J8 u■ \ E�K2\ ,dig ( r\o \ M =mf!%[! /( {\W ( Iz EIz \ � ! a , ;I }\ w r\;! a / (( } ± !!!| Iw (55 _- § > |||) E ) m 2 0 j ƒ § )t § w 0 \ 0 ) ` \� ;!( , )(/( \j /& ) G § 0 � ! (!r » . (} 0 �� '00, [( 0 \ ,« ) ® j ® * L 0 w ] « 0 ) Docusign Envelope ID:87FAEBA3-3F38-4BDA-8749-39938CE87B43 _-- P.-I oedai'Nviaiadw flBSSVE'BOLr*µl l -- 2 _° `m O o F o NOI1Villllj AaVllb31 'c ,,, Q e�oih,°a,aNaaa ps Z O U E� AIIIIJVd Ad3AOJ38 I, dLO ` c9 0 3OdnoM 831VM NVI4Id3W a g �a�uers ® �z0'g oao �g J mo 'E V=8 E NVIGIa3W 3O AllO o g o 5I3 �aouns�o� � � R 3gR x R $ LL LL $sag g Sjfa � oses � 5 ' x � � 3z. � 3 � g€ sg sew pwQ � xx � � � 3 .Iz Q' y'd6y i 30 w{ o j o m m 7 u3i 3 p UJ m w i g _ ow $ m 3 3 3 3 3 3 3 a m � 0 Y w w w w w w w w w w w w w w w w w w w w w o 0 0 0 0 0 § § § 0 R R R R R A R R S A S 8 S ffi k 0 U m Q o em9Em6ope ID:yam Ee$aq%4B�$G$amac�Zma :�� _ . . 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Describe what is being requested? Spending authority of the awarded HUD/CDBG grant funds in the amount of$524,378 for FY25(Program Year 24).The individual projects were approved by Council in the PY24 Action Plan submitted to HUD. 2. Why was this budget request not submitted during the current fiscal year budget cycle? CDBG funds are generally awarded at the beginning of the fiscal year(FY)for that current FY.However,the grant award is not executed until the budget cycle for that FY has been completed and approved. 3. What is the explanation for not submittinR this budget request during the next fiscal vear bud et c cle? The grant award is for FY25 and not a carryforward item into the next FY. 4.Describe the proposed hod of funding? If funding is split between Funds(i.e. General,Enterprise,Grant),please include the percentage split. List the amounts and sources of anticipated additional revenue that will result from approval of this request. The proposed funding method involves Grant Revenue from HUD through CDBG funding.This budget amendment is net-zero. 5.Does this request align with the Department/City's strategic plan? If not,please explain how this request was not included in the Department/City strategic plan? Yes 6. Does this request require resources to be provided by other departments? If yes,please describe the necessary resources to be provided by other departments. Yes,the LMA Walkability project will require input from Public Works for design and construction,as well as support from Finance,including Purchasing. 7.Does this Amendment include any needed Equipment or Software that will utilize the Cit 's network? Yes or No Yes 8.Is the amendment going to result in the disposal of an asset?(Yes or No) No 9.Any additional comments? None Total Amendment Request $ - Every effort should be made to avoid reopening the budget for an amendment. Departments will need to provide backup and appear before the City Council to justify budget amendments. Budget amendments are intended for emergency or mandatory changes to the original balanced budget. Changes to the original balanced budget may cause a funding shortfall. City of Meridian FY2025 Budget Amendment Form F:\Budget\FY2025\FY2025 Amendments\Archived Copies\FY2025 CDBG Budget Amendment Docusign Envelope ID:FOB5DB47-D340-4415-B742-DE8F783FA46A Funding Approval/Agreement U.S.Department of Housing and Urban Development Title I of the Housing and Community Office of Community Planning and Development Development Act(Public Law 930383) Community Development Block Grant Program OMB Approval No.2506-0193 HI-00515Rof20515R exp 1/31/2025 1.Name of Grantee(as shown in item 5 of Standard Form 424) 3a.Grantee's 9-digit Tax ID Number 3b.Grantee's 9-digit DUNS Number City of Meridian 826000225 JBEZGMTAPHNS(UEI) 2.Grantee's Complete Address(as shown in item 5 of Standard Form 424) 4.Date use of funds may begin 33 E Broadway Ave 10/01/2024 Meridian,ID 83642-2619 5a.Project/Grant No.1 6a.Amount Approved B-24-MC-16-0006 $524,378.00(by this action) 5b.Project/Grant No.2 6b.Amount Approved Grant Agreement: This Grant Agreement between the Department of Housing and Urban Development(HUD)and the above named Grantee is made pursuant to the authority of Title I of the Housing and Community Development Act of 1974,as amended,(42 USC 5301 et seq.).The Grantee's submissions for Title I assistance,the HUD regulations at 24 CFR Part 570(as now in effect and as may be amended from time to time),and this Funding Approval,including any additional and/or special conditions,constitute part of the Agreement. Subject to the provisions of this Grant Agreement,HUD will make the funding assistance specified here available to the Grantee upon execution of the Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after the date specified in item 4 above provided the activities to which such costs are related are carried out in compliance with all applicable requirements. Pre-agreement costs may not be paid with funding assistance specified here unless they are authorized in HUD regulations or approved by waiver and listed in the additional and/or special conditions to the Funding Approval. The Grantee agrees to assume all of the responsibilities for environmental review,decision making,and actions,as specified and required in regulations issued by the Secretary pursuant to Section 104(g)of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibility for adherence to the Agreement by sub-recipient entities to which it makes funding assistance hereunder available. U.S.Department of Housing and Urban Development(By Name) Grantee Name(Contractual Organization) Mark Mitchell CITY OF MERIDIAN Title Title O CPD Director Signature Date(mm/dd/yyyy) Si ure Date(mm/dd/yyyy) E'"s ipned by:X 8/30/2024 .. /�,)-aq 4ASC3CDEF77B48B... / 7.Category of Title I Assistance for this Funding Action: 8.Additional/Special Conditions 9a.Date HUD eceive bmission 10.check one (check one) ®a.Orig.Funding Entitlement,Sec 106(b) ❑None 9b.Date Grantee Notified Approval ®Attached ❑b.Amendment 9c.Date of Start of Program Year Amendment Number 10/01/2024 I i.Amount of Community Development Block Grant FY 2024 FY 2023 a.Funds Reserved for this Grantee b.Funds now being Approved $524,367.00 $ 11.00 c.Reservation to be Cancelled 1la minus 11b 12a.Amount of Loan Guarantee Commitment now being Approved 12b.Name and complete Address of Public Agency N/A Loan Guarantee Acceptance Provisions for Designated Agencies: The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above date with respect to the above grant number(s)as Grantee designated to receive loan 12c.Name of Authorized Official for Designated Public Agency guarantee assistance,and agrees to comply with the terms and conditions of the Agreement,applicable regulations,and other requirements of HUD Title now or hereafter in effect,pertaining to the assistance provided it. Signature X HUD Accounting use Only Effective Date Batch TAC Program Y A Reg Area Document No. Project Number Category Amount (mm/dd/yyyy) F FM 1 7 6 FM U E D Y Project Number Amount Y Project Number Amount Date Entered PAS(mmlddlyyyy) Date Entered LOCCS(mm/ddlyyyy) Batch Number Transaction Code Entered By Verified By 24 CFR 570 form HUD-7082(5/15) Docusign Envelope ID:FOB5DB47-D340-4415-B742-DE8F783FA46A 8. Additional Conditions. (a) The period of performance and single budget period for the funding assistance specified in the Funding Approval ("Funding Assistance") shall each begin on the date specified in item 4 and shall each end on September 1, 2031. The Grantee shall not incur any obligations to be paid with such assistance after September 1, 2031. (b) The Grantee must complete Addendum #1 to Agreement"Grantee Indirect Cost Rate(s)" and return it to HUD with this Agreement. The addendum HUD receives from the Grantee will be incorporated into and made part of this Agreement, provided that the rate information is consistent with the applicable requirements under 2 CFR part 200. The Grantee must immediately notify HUD upon any change in the Grantee's indirect cost rate, so that HUD can amend the Agreement to reflect the change if necessary. (c) In addition to the conditions contained on form HUD 7082,the grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS); the System for Award Management (SAM.gov.);the Federal Funding Accountability and Transparency Act as provided in 2 CFR part 25, Universal Identifier and General Contractor Registration; and 2 CFR part 170, Reporting Subaward and Executive Compensation Information. (d) The grantee shall ensure that no CDBG funds are used to support any Federal, State, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use. For the purposes of this requirement,public use shall not be construed to include economic development that primarily benefits private entities. Any use of funds for mass transit, railroad, airport, seaport or highway projects as well as utility projects which benefit or serve the general public (including energy-related, communication- related, water- related and wastewater-related infrastructure), other structures designated for use by the general public or which have other common-carrier or public-utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownfield as defined in the Small Business Liability Relief and Brownfields Revitalization Act(Public Law 107-118) shall be considered a public use for purposes of eminent domain. (e) The Grantee or unit of general local government that directly or indirectly receives CDBG funds may not sell,trade, or otherwise transfer all or any such portion of such funds to another such entity in exchange for any other funds, credits or non-Federal considerations, but must use such funds for activities eligible under title I of the Act. (f) E.O. 12372-Special Contract Condition -Notwithstanding any other provision of this agreement, no funds provided under this agreement may be obligated or expended for the planning or construction of water or sewer facilities until receipt 'a Docusign Envelope ID:FOB5DB47-D340-4415-B742-DE8F783FA46A of written notification from HUD of the release of funds on completion of the review procedures required under Executive Order(E.O.) 12372, Intergovernmental Review of Federal Programs, and HUD's implementing regulations at 24 CFR Part 52. The recipient shall also complete the review procedures required under E.O. 12372 and 24 CFR Part 52 and receive written notification from HUD of the release of funds before obligating or expending any funds provided under this agreement for any new or revised activity for the planning or construction of water or sewer facilities not previously reviewed under E.O. 12372 and implementing regulations. (g) CDBG funds may not be provided to a for-profit entity pursuant to section 105(a)(17) of the Act unless such activity or project has been evaluated and selected in accordance with Appendix A to 24 CFR 570 - "Guidelines and Objectives for Evaluating Project Costs and Financial Requirements." (Source - P.L. 1.13-235, Consolidated and Further Continuing Appropriations Act, 2015, Division K, Title II, Community Development Fund). (h) The Grantee must comply with the requirements of the Build America, Buy America(BABA)Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Grantee's infrastructure project. Pursuant to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance" (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver. (h) Waste, Fraud, Abuse, and Whistleblower Protections. Any person who becomes aware of the existence or apparent existence of fraud,waste or abuse of any HUD award must report such incidents to both the HUD official responsible for the award and to HUD's Office of Inspector General (OIG). HUD OIG is available to receive allegations of fraud, waste, and abuse related to HUD programs via its hotline number(1-800-347-3735) and its online hotline form. You must comply with 41 U.S.C. § 4712, which includes informing your employees in writing of their rights and remedies, in the predominant native language of the workforce. Under 41 U.S.C. § 4712, employees of a government contractor, subcontractor, grantee, and subgrantee—as well as a personal services contractor—who make a protected disclosure about a Federal grant or contract cannot be discharged, demoted, or otherwise discriminated against as long as they reasonably believe the information they disclose is evidence of. 1. Gross mismanagement of a Federal contract or grant; 2. Waste of Federal funds; 3. Abuse of authority relating to a Federal contract or grant; 4. Substantial and specific danger to public health and safety; or 5. Violations of law, rule, or regulation related to a Federal contract or grant. (i) The Grantee will comply with the right to report crime and emergencies protections at 34 U.S.C. 12495 of the Violence Against Women Act. Docusign Envelope ID:FOB5DB47-D340-4415-B742-DE8F783FA46A Addendum#1 to Agreement B-24-MC-16-0006 Grantee Indirect Cost Rate(s) As the duly authorized representative of the Grantee,I certify that the Grantee: % Will not use an indirect cost rate to calculate and charge indirect costs under the grant. ❑ Will calculate and charge indirect costs under the grant by applying a de minimis rate as provided by 2 CFR 200.414(f),as may be amended from time to time. ❑ Will calculate and charge indirect costs under the grant using the indirect cost rate(s)listed below, and each rate listed is included in an indirect cost rate proposal developed in accordance with the applicable appendix to 2 CFR part 200 and, if required,was approved by the cognizant agency for indirect costs. Agency/de artment/ma'or function Indirect cost rate Type of Direct Cost Base Name of Authorized Official: Signature: Date �( (mm/dd/yM): az� L--:- Title:_ Instructions for the Grantee's Authorized Representative: You must mark the one(and only one) checkbox above that best reflects how the Grantee's indirect costs will be calculated and charged under the grant. Do not include indirect cost rate information for subrecipients. The table following the third box must be completed only if that box is checked. When listing a rate in the table, enter both the percentage amount(e.g., 10%)and the type of direct cost base to be used.For example,if the direct cost base used for calculating indirect costs is Modified Total Direct Costs,then enter"MTDC"in the "Type of Direct Cost Base"column. If using the Simplified Allocation Method for indirect costs, enter the applicable indirect cost rate and type of direct cost base in the first row of the table. If using the Multiple Allocation Base Method, enter each major function of the organization for which a rate was developed and will be used under the grant,the indirect cost rate applicable to that major function,and the type of direct cost base to which the rate will be applied. If the Grantee is a government and more than one agency or department will carry out activities under the grant,enter each agency or department that will carry out activities under the grant,the indirect cost rate(s)for that agency or department,and the type of direct cost base to which each rate will be applied. To learn more about the indirect cost requirements, see 2 CFR part 200, subpart E and Appendix VII to Part 200(for state and local governments). E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Subrecipient Agreement Between City of Meridian and Boys and Girls Clubs of Ada County, Idaho, Inc. in the Amount of$34,959 for Program Year 2024 Community Development Block Grant Funds for the Youth Scholarship Program SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND BOYS & GIRLS CLUBS OF ADA COUNTY,IDAHO,INC. FOR PROGRAM YEAR 2024 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Subrecipient Agreement("Agreement") is entered into this 6th day of November 2024 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Boys & Girls Clubs of Ada County, Idaho, Inc., a nonprofit charitable corporation organized under the laws of the state of Idaho ("Subrecipient"). WHEREAS, City is an entitlement community, and as such has applied for, and been granted authority to receive funds from the United States Department of Housing and Urban Development ("HUD")under Title I of the Housing and Community Development Act of 1974,Public Law 93-383, i.e., Community Development Block Grant("CDBG") funds; and WHEREAS,pursuant to the terms of this Agreement, the City hereby provides a subaward of the following grant(s)to Subrecipient: grant no. B-24-MC-16-0006, awarded by HUD on August 30, 2024; WHEREAS,the City wishes to engage Subrecipient by way of this Agreement to assist the City in utilizing such funds and the CDBG program in a manner compliant with the requirements of 24 CFR Part 570 and 2 CFR Part 200, and all other federal, state, and local laws, statutes, regulations and/or requirements; and WHEREAS, it is acknowledged by the Parties that although Congress has signed an appropriation bill committing the funds set forth in this Agreement, and HUD has notified City of its apportionment and approved the City's Action Plan, availability of CDBG funds to City,and thus to Subrecipient, is subject to Congressional release of such funds to HUD and HUD's release of such funds to City; and that City's obligation to provide funding to Subrecipient under this Agreement is provisional,pending the availability of such funds; NOW,THEREFORE, in consideration of the mutual covenants of the parties,the Parties agree as follows: 1. STATEMENT OF WORK A. Activities. Subrecipient shall use City's subaward of CDBG funds in an amount not to exceed Thirty-Four Thousand Nine Hundred Fifty-Nine Dollars ($34,959). Subrecipient will be responsible for administering a scholarship program, in a manner satisfactory to the City and consistent with any standards required as a condition of providing the funds. This project is eligible under(05L) Child Care Services. CDBG Funds will be used to reimburse for scholarships for low-to moderate-income families to participate in before and after school programs as well as summer programs at a free or reduced cost. The primary administrative office is located at 911 N. Meridian Rd, Meridian and other locations serving Meridian residents. B. National Objective. Subrecipient certifies that the activities carried out using the City's CDBG funds provided by City under this Agreement will meet one or more of the CDBG program's National Objectives as defined in 24 CFR 570.201(e). SUBRECIPIENT AGREEMENT-Boys&GIRLS CLUB SCHOLARSHIPS PAGE I OF 28 C. Level of Service. Subrecipient's activities under this Agreement shall provide at least 87 total Units of Service over the term of this Agreement. For the purposes of this Agreement, "Units of Service" shall be defined as "Low-to Moderate-Income Youth." Subrecipient shall verify that the household income of clientele served by City's CDBG funds, as defined in 24 CFR § 5.609, does not exceed the maximum limits as determined by the U.S. Department of Housing and Urban Development. The current income guidelines are located in the Subrecipient Toolbox at htths://meridiancity.oru/toolhox. D. Staffing. Subrecipient agrees that CDBG funds provided under this Agreement will not be utilized for staffing. E. Special Conditions. 1. Subrecipient understands and agrees that the allocation of CDBG funds may be used to provide services and programs only to City of Meridian residents. If applicable, Subrecipient shall verify that any and all persons who receive funds granted to Subrecipient pursuant to this Agreement("Client") a)reside within the city limits of Meridian, Idaho and b)meet the current CDBG income eligibility guidelines. Subrecipient must deem any Client who does not meet the above requirements to be ineligible to receive CDBG funds and shall suspend use of federal funds for the Client. 2. Subrecipient certifies that Subrecipient is in compliance with all applicable Fair Housing Laws, Section 504 of the Rehabilitation Act, and Americans with Disabilities Act requirements. 3. City reserves the right to make unannounced visits to Subrecipient's location in order to verify compliance with all program requirements. 4. If applicable, Subrecipient may utilize HUD's Income Calculator at https://www.hudexchange.info/incomecalculator/to determine annual household income of any or all Clients based on CDBG criteria. F. Time of performance. Services of Subrecipient shall start on or after October 1, 2024 and end on September 30, 2025. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. II. SUBRECIPIENT'S ADMINISTRATIVE REQUIREMENTS A. General Compliance. Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations,Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) including subpart K of these regulations, except that(1) Subrecipient does not assume the City's environmental responsibilities described in 24 CFR 570.604 and (2) Subrecipient does not assume the City's responsibility for initiating the review process under the provisions of 24 CFR Part 52, and all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this Agreement. A copy of the Environmental Review Record is included as Attachment 6. SUBRECIPIENT AGREEMENT-Boys&GIRLS CLUB SCHOLARSHIPS PAGE 2 OF 28 B. Uniform administrative requirements. Subrecipient shall comply with applicable uniform administrative requirements, as described in 24 CFR § 570.502. C. Performance monitoring. City will monitor the performance of Subrecipient against goals and performance measures as set forth herein. Performance monitoring shall include City's review of Subrecipient's submitted documents for accuracy and completion, as well as a risk analysis that will determine if the City will conduct a desk review and/or an on-site visit from City's Community Development Program Coordinator to review the completeness and accuracy of records maintained. A copy of the risk analysis is included as Attachment 5. City may share Subrecipient performance and monitoring results with other local CDBG grantees and/or agencies who are providing funding to Subrecipient. Substandard performance as determined by City shall constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within fourteen days (14) after being notified by City, City shall initiate termination procedures.Noncompliance may result in a formal letter notifying Subrecipient that Subrecipient is not eligible to request funding for the following grant cycle. D. Budget. Subrecipient shall adhere to the budget included as Attachment 4. Subrecipient shall obtain written approval from City prior to any change in use of funds. E. Reports. Subrecipient shall submit progress reports quarterly, due 15 days after the last day of the reporting period. Subrecipient must timely submit progress reports even if no activities are conducted within the reporting period. A Final Report shall be submitted with the final reimbursement request, due 15 days after the end date of the award. If reports are delinquent or inaccurate, reimbursement requests will not be processed until the report is submitted or corrected. All reports must be submitted via the City's online portal. Instructions on submitting reports are located in the Subrecipient Toolbox at https://i-neridiancity.org/toolbox. F. Supplementation of other funds. Subrecipient agrees to utilize funds available under this Agreement to supplement, rather than supplant, funds otherwise available. G. Client Data. If applicable, subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: client name, address, income level or other basis for determining eligibility, race, ethnicity, and description of service provided. Such information shall be made available for review upon City's request. Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of City or Subrecipient's responsibilities under this Agreement, is prohibited by the Financial Privacy Act unless written consent is obtained from such person receiving service and, in the case of a minor,that of a responsible parent/guardian. H. Closeout. Subrecipient's obligation to City shall not end until all closeout requirements are completed.Activities during this closeout period shall include, but shall not be limited to: making final payments, submitting final report(s), disposing of program assets(including the return of all unused materials, equipment,unspent cash advances,program income balances, and accounts receivable to City), and determining the custodianship of records. SUBRECIPIENT AGREEMENT-BOYS&GIRLS CLUB SCHOLARSHIPS PAGE 3 OF 28 Notwithstanding the foregoing,the terms of this Agreement shall remain in effect during any period that Subrecipient has control over CDBG funds, including program income. I. Audits and inspections.All Subrecipient records with respect to any matters covered by this Agreement shall be made available to City, HUD or its agent, or other authorized federal officials, at any time during normal business hours, as often as deemed necessary,to audit, examine, and make excerpts or transcripts of all relevant data for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein.Any deficiencies noted in audit reports must be fully repaired by Subrecipient within thirty(30) days after receipt of such report by Subrecipient. Failure of Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Subrecipient shall comply with 2 CFR § 200.501,which requires that all non- Federal entities that expend$1 million or more in Federal awards, in one year, have a single or program-specific audit. If the threshold is not met for a single or program audit, Subrecipient will provide a certified financial statement. J. Transparency, Suspension, and Debarment. Subrecipient shall comply with requirements established by the U.S. General Services Administration concerning the Unique Entity Identifier, the System for Award Management("SAM")and,per 2 CFR § 170.320,the Federal Funding Accountability and Transparency Act, including Appendix A to 2 CFR part 25. Additionally,pursuant to 2 CFR Part 180 and 2 CFR Part 200,Appendix II, section (H), Subrecipient is prohibited from contracting with any party that is not registered in SAM with an active account, i.e. listed on the govemmentwide exclusions in the SAM. K. Payment Procedures. 1. Indirect Costs. The City will only reimburse Subrecipient for indirect costs that comply with 2 CFR 200, subpart E and have been previously approved, in writing, by the Community Development Program Coordinator per Attachment 1: Indirect Cost(s). Subrecipient must immediately notify the City upon any change in the Subrecipient's indirect cost rate, so the City can amend the Agreement to reflect the change if necessary. 2. Payment Procedures. City will pay to Subrecipient funds available under this Agreement based upon information submitted by Subrecipient and consistent with any approved budget and City policy concerning payments. With the exception of certain advances,payments will be made for eligible expenses actually incurred by Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by City in accordance with advance fund and program income balances available in Subrecipient's accounts. In addition, City reserves the right to liquidate funds available under this Agreement for costs incurred by City on behalf of Subrecipient. 3. Reimbursement requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed Thirty-Four Thousand Nine Hundred Fifty-Nine Dollars ($34,959). City will not accept or process reimbursement requests prior to City's reception of Congressional Release of Funds; the Community Development Program Coordinator shall notify Subrecipient of such release and the opportunity to submit reimbursement requests. Reimbursement requests for the payment of eligible expenses shall be made against the activity specified, in accordance with performance, and as expenses are SUBRECIPIENT AGREEMENT-BOYS&GIRLS CLUB SCHOLARSHIPS PAGE 4 OF 28 incurred by Subrecipient. Reimbursement requests shall only be accepted via the City's online portal and must be completed in full to be processed. Instructions to submit reimbursement requests are located in the Subrecipient Toolbox at htt s://meridiancit\.or-r/toolbox.All reimbursement requests are to be submitted as needed in coordination with the Community Development Program Coordinator. Reimbursement requests shall include the following:transaction detail completed for the relevant draw request period,timesheets in compliance with 2 CFR 200.430 (if applicable), and proof of payment by Subrecipient(such as copy of receipt of payment and/or other relevant documentation of payment), and any additional information requested by City staff. Reimbursement requests must be submitted within fifteen(15) calendar days from the close of each month of the program year except for the final reimbursement request. City will process reimbursement requests once per month after the due date. Subrecipient's final reimbursement request under this Agreement must be submitted by Subrecipient no later than October 30, 2025. Subrecipient shall forfeit reimbursement for any costs not requested within the timeframes set forth in this provision, unless otherwise authorized, in writing, by City. L. Documentation required prior to real estate transactions. Where City's CDBG funds are used for real estate acquisition, as early as practicable, and not less than two (2)weeks prior to the completion of each transaction, Subrecipient shall provide the address of real property under consideration to City for floodplain and related environmental review. Failure to provide the address of the housing unit under consideration in advance of the anticipated close date may result in added expenses for the beneficiary or Subrecipient, or refusal of reimbursement by City. Subrecipient shall maintain real property inventory records that clearly identify properties purchased, improved, rented, or sold. M. Housing Affordability. Where the City's CDBG funds are used for homeownership assistance, the housing must qualify as affordable per Section 215 of the National Affordable Housing Act. N. National Objectives met for five (5)years.Pursuant to 24 CFR § 570.503(b)(7)(i),real property that is acquired or improved, in whole or in part,with funds under this Agreement in excess of$25,000 shall be used to meet one of the CDBG National Objectives until five (5) years after expiration of this Agreement. If the use of the CDBG-assisted real property fails to meet a CDBG National Objective for this prescribed period of time, Subrecipient shall pay City an amount equal to the current market value of the property, less any portion of the value attributed to expenditures of non-CDBG funds for acquisition of or improvement to the property. Such payment shall constitute program income to City. Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period. O. Compliance with procurement policies. Subrecipient shall comply with current Federal, State, and City policies concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided hereunder. P. Sale of equipment. In all cases in which equipment acquired in whole or in part with funds under this Agreement is sold, the proceeds shall be program income,prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment. Equipment purchased with funds received under this Agreement but not needed by SUBRECIPIENT AGREEMENT-BOYS&GIRLS CLUB SCHOLARSHIPS PAGE 5 OF 28 Subrecipient for activities under this Agreement shall be (a)transferred to City for the CDBG program or(b)retained after compensating City an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment. Q. Program income. 1. Remittance at end of program year. Pursuant to 24 CFR § 570.503(b)(3) and Pursuant to 24 CFR § 570.504(c), at the end of the program year, the City may require remittance of all or part of any program income balances, including investments thereof,held by Subrecipient, except those needed for immediate cash needs, cash balances of a revolving loan fund, cash balances from a lump sum drawdown, or cash or investments held for section 108 security needs. 2. Recording program income.Pursuant to 24 CFR § 570.504(a),the receipt and expenditure of program income shall be recorded as part of the financial transactions of the grant program. 3. Disposition if received before closeout.Pursuant to 24 CFR § 570.504(b)(1),program income received before grant closeout may be retained by the recipient if the income is treated as additional CDBG funds subject to all applicable requirements governing the use of CDBG funds, and will be subject to all provisions of Pursuant to 24 CFR §§ 570.504(b) and (c), both prior to and upon closeout. R. Records and reports. 1. Records to be maintained. In addition to specific records mentioned in this Agreement, Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including, but not limited to,those required by the Federal regulations specified in 2 CFR § 200.302(b)and 24 CFR § 570.506, including: a. Full descriptions and records of each activity undertaken; b. Records related to activities meeting the National Objectives; c. Records required to determine the eligibility of activities for CDBG funding; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG Program; f. Financial records, as required by 570.506(h); g. Other records necessary to document compliance with 24 CFR Part 570, Subpart K; h. Identification of CDBG funds received and expended and the Federal programs under which they were received, including Federal award identification number and year and name of the pass-through entity (City of Meridian); i. Records that identify adequately the application of CDBG funds, including information pertaining to Federal awards, authorizations, financial obligations, unobligated balances, assets, expenditures, income and interest; such records shall be supported by source documentation; j. Comparison of expenditures with budget amounts for each Federal award. k. Written procedures to implement the requirements of 2 CFR 200.305; and 1. Written procedures for determining the allowability of costs in accordance with subpart E of this part and the terms and conditions of the Federal award. SUBRECIPIENT AGREEMENT-BOYS&GIRLS CLUB SCHOLARSHIPS PAGE 6 OF 28 2. Records retention. Subrecipient shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5)years after the termination of all activities funded under this Agreement, defined as the date of the submission of City's final annual performance and evaluation report to HUD. Records for non-expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. If,prior to the expiration of the five-year period, any litigation, claims, audits, negotiations or other actions begin that involve any of the records cited, such records shall be retained until completion of the actions and resolutions of all issues, or the expiration of the five-year period,whichever occurs later. III. EMPLOYMENT AND LABOR CONDITION REQUIREMENTS A. Equal Employment Opportunity. Per 2 CFR Part 200, Appendix II, section(C)and 41 CFR § 60-1.4(b),the equal opportunity clause set forth in 41 CFR § 60-1.4(b) is incorporated herein by reference, and shall apply as though set forth fully herein. B. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b)and Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1974,the Americans with Disabilities Act of 1990,the Age Discrimination Act of 1975, Executive Order 11063, Executive Order 11246 as amended by Executive Orders 11375 and 12086, and 24 CFR §§ 570.601 and 570.602. Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. C. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR § 570.607. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act of 1974 (24 CFR § 6) are also applicable. Subrecipient will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age,marital status or status with regard to public assistance. Subrecipient will take affirmative action to ensure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring,upgrading, demotion, transfer, recruitment or recruitment advertising, layoff,termination,rates of pay or other forms of compensation, and selection for training, including apprenticeship. D. ADA Section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 701 et seq.),which prohibits discrimination against the handicapped in any federally assisted activities. City shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. E. Small,Women-and Minority-Owned Businesses.Per 2 CFR § 200.321, Subrecipient must take all necessary affirmative steps to assure that small businesses,minority businesses, women's business enterprises, and labor surplus area firms are used when possible F. Affirmative Action. Subrecipient agrees that it shall be committed to carry out pursuant to SUBRECIPIENT AGREEMENT—Boys&GIRLS CLUB SCHOLARSHIPS PAGE 7 OF 28 City's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds if applicable. G. Notice to workers. Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. H. Solicitations for employment. Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. I. Drug Free Workplace. Subrecipient certifies it is in compliance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701)which requires grantees (including individuals)of federal agencies, as a prior condition of being awarded a grant,to certify that they will provide drugfree workplaces. Each potential recipient must certify that it will comply with drugfree workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F. J. Faith-based organizations. Pursuant to 24 CFR § 570.2000), if Subrecipient is a faith-based organization, Subrecipient agrees to expend funds provided under this Agreement in accordance with 24 CFR § 5.109. K. Labor standards. Per 2 CFR Part 200, Appendix II, section(D), Subrecipient agrees to comply with all applicable requirements of the Secretary of Labor in accordance with the Davis-Bacon Act(40 U.S.C. §§ 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5) as amended. In accordance with the statute, Subrecipient or Subrecipient's subcontractor must pay wages to laborers and mechanics at a rate not less than the prevailing wages as specified in a wage determination made by the Secretary of Labor. In addition, Subrecipient or Subrecipient's subcontractor must be required to pay wages not less than once a week. Subrecipient must include a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. Further,the provisions of Agreement Work Hours and Safety Standards Act; the Copeland "Anti-Kickback"Act(40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3), under which Subrecipient or Subrecipient's subcontractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. Subrecipient further acknowledges and agrees that all contractors engaged under contracts in excess of$2,000.00 for construction,renovation or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with Federal requirements pertaining to such Agreements and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Subrecipient or its subcontractors of its obligation, if any, to require payment of the higher wage. Per 2 CFR Part 200, Appendix II, section (E),the SUBRECIPIENT AGREEMENT-BOYS&GIRLS CLUB SCHOLARSHIPS PAGE 8 OF 28 Contract Work Hours and Safety Standards Act(40 U.S.C. §§ 3701-3708)applies to contracts in excess of$100,000. L. Conflicts of interest; nepotism. Subrecipient agrees to abide by the provisions of 24 CFR § 570.611. Further,no person who exercises or has exercised any function or responsibility with respect to CDBG-assisted activities, or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in activities funded under this Agreement, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1)year thereafter. M. Rights to Inventions. Per 2 CFR Part 200,Appendix II, section(F), if Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work, Subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. N. Lobbying; political activities. Subrecipient hereby certifies that: No Federal appropriated funds have been paid or will be paid,by or on behalf of it,to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal agreement,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal agreement, grant, loan, or cooperative agreement; If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; Subrecipient will require that the following language be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly: "This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not let less than $10,000 and not more than $100,000 for each such failure." The foregoing certification is a material representation of fact upon which reliance is placed by City. Per 31 U.S.C. § 1352 and 2 CFR Part 200, Appendix II, section(1), submission of this certification may be a prerequisite for making or entering into this transaction. Subrecipient SUBRECIPIENT AGREEMENT-BOYS&GIRLS CLUB SCHOLARSHIPS PAGE 9 OF 28 further agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engage in the conduct of political activities in violation of the Hatch Act(Title V, Chapter 15, U.S.C.). O. Section 3 of the Housing and Urban Development Act of 1968.Compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701) ("Section 3"),the regulations set forth in 24 CFR Part 75, Subpart C, and all applicable rules and orders issued thereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and shall be binding upon City and any contractors and/or subcontractors. Section 3 will apply to a project if there is over$200,000 of HUD housing and community development financial assistance to the project(or$100,000 of Lead Hazard or Healthy Homes funding). Failure to fulfill these requirements shall subject City, Subrecipient and any of Subrecipient's contractors and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. P. Build America,Buy America Act. Subrecipient must comply with the requirements of the Build America,Buy America (BABA)Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Subrecipient's infrastructure project. Pursuant to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance" (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver. Q. Violence Against Women Act. Subrecipient will comply with the right to report crime and emergencies protections at 34 U.S.C. 12495 of the Violence Against Women Act(VAWA). R. Waste,Fraud,Abuse, and Whistleblower Protections. Any person who becomes aware of the existence or apparent existence of fraud, waste or abuse of any HUD award must report such incidents to both the HUD official responsible for the award and to HUD's Office of Inspector General (OIG). HUD OIG is available to receive allegations of fraud,waste, and abuse related to HUD programs via its hotline number(1-800-347-3735) and its online hotline form. You must comply with 41 U.S.C. § 4712, which includes informing your employees in writing of their rights and remedies, in the predominant native language of the workforce. Under 41 U.S.C. § 4712, employees of a government contractor, subcontractor, grantee, and subgrantee—as well as a personal services contractor—who make a protected disclosure about a Federal grant or contract cannot be discharged, demoted, or otherwise discriminated against as long as they reasonably believe the information they disclose is evidence of. 1. Gross mismanagement of a Federal contract or grant; 2. Waste of Federal funds; 3. Abuse of authority relating to a Federal contract or grant; 4. Substantial and specific danger to public health and safety; or 5. Violations of law,rule, or regulation related to a Federal contract or grant. IV. ENVIRONMENTAL CONDITIONS No funds will be released until City conducts an environmental assessment and makes a determination of"No Significant Impact" in compliance with 24 CFR Part 58 and other federal, state, and local laws and regulations. If applicable,the City will issue a Notice to Proceed once the environmental review is completed and is accepted by the City and/or HUD. SUBRECIPIENT AGREEMENT-BOYS&GIRLS CLUB SCHOLARSHIPS PAGE 10 OF 28 A. Air and Water. Subrecipient specifically agrees to comply with the following regulations insofar as they apply to the performance of this Agreement: 1. Clean Air Act, 42 U.S.C. §§ 7401, et seq. and 2 CFR Part 200,Appendix II, section (G). 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251,et seq., relating to inspection, monitoring, entry reports, and information, as well as other requirements specified in said Act, and all regulations and guidelines issued thereunder. 3. Environmental Protection Agency (EPA)regulations pursuant to 40 C.F.R. Part 50. B. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001), Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained, and shall assure compliance with Title 10, Chapter 6,Meridian City Code, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead-Based Paint. Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations, 24 CFR Part 35, implementing Title X of the Housing and Community Development Act of 1992. These regulations revise the CDBG lead based paint requirements under 24 CFR § 570.608. Such regulations pertain to all CDBG-assisted housing and require that all owners,prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms,treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood level screening for children under seven. The notice must also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property,paint testing, risk assessment,treatment and/or abatement may be conducted. D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470)and the procedures set forth in 36 CFR Part 800,Advisor Council on Historic Preservation Procedures for Protection of Properties, insofar as they apply to the performance of this Agreement. In general,this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years or older or that are included on a Federal, state or local historic property list. E. Endangered Species. Subrecipient agrees to comply with the provisions outlined in the Endangered Species Act of 1973, as amended, for the preservation and protection of endangered species. This obligation mandates that the Subrecipient takes all necessary measures to prevent any actions that could jeopardize the continued survival of species listed under the Act and to refrain from causing harm or alteration to their critical habitats. Additionally,the Subrecipient is obliged to adhere to proper waste management practices, ensuring that waste materials are either recycled or disposed of in an environmentally responsible manner, using EPA-approved sanitary or hazardous waste disposal facilities. SUBRECIPIENT AGREEMENT—BOYS&GIRLS CLUB SCHOLARSHIPS PAGE I I OF 28 F. Noise Abatement and Control. Subrecipient agree to comply with the guidelines outlined in the Noise Control Act of 1972, as well as the relevant directives provided by the General Services Administration Federal Management Circular 75-2,titled "Compatible Land Uses at Federal Airfields," and Title 24 CFR 51 Subpart B to mitigate excessive noise exposure, particularly in residential areas. For the rehabilitation of existing residential properties,the Subrecipient will enhance the building envelope for any components they address. Strategies may include the installation of improved windows and doors, reinforced sheathing, insulation, and sealing gaps, among other measures. V. GENERAL CONDITIONS A. Appropriation. It is acknowledged by the Parties that although Congress has signed an appropriation bill committing the funds set forth in this Agreement, and HUD has notified City of its apportionment and approved the City's Action Plan, availability of CDBG funds to City, and thus to Subrecipient, is subject to Congressional release of such funds to HUD and HUD's release of such funds to City. Unless and until HUD releases the funds, City shall have no contractual, legal, or equitable obligation to Subrecipient. In the event that CDBG funds are not made available to City, whether by Congress or by HUD,this Agreement shall be void, and City shall have no obligation to Subrecipient, whether under this Agreement or under any legal or equitable claim. B. Notices.All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when emailed,personally served, or mailed in the United States mail, addressed as follows: If to City: If to Subrecipient: City of Meridian Boys & Girls Clubs of Ada County, Idaho, Inc. Attn: Crystal Campbell, Community ATTN: Colleen Braga, Executive Director Development Program Coordinator 610 E 42nd Street 33 E. Broadway Avenue Garden City, ID 83714 Meridian, Idaho 83642 colleen@adaclubs.org ccampbell@meridiancity.org Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. C. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning CDBG funds, including, but not limited to, 24 CFR Part 570 and subpart K of such regulations. Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this Agreement, except that: (1) Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR § 570.604; and (2) Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 58. D. Independent Contractor.Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Subrecipient shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement. City shall provide no benefits or insurance coverage whatsoever to Subrecipient and/or to its agents. SUBRECIPIENT AGREEMENT-BOYS&GIRLS CLUB SCHOLARSHIPS PAGE 12 OF 28 E. Indemnity. Subrecipient, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in Subrecipient's programming, shall hold harmless, defend and indemnify City from and for all such losses, claims, actions, and/or judgments for damages or injury to persons or property and/or losses and expenses caused or incurred by Subrecipient and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and participants in its programming, and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by Subrecipient and/or Subrecipient's employees, agents, contractors, subcontractors, officials, officers, servants, guests, invitees,participants, and/or volunteers and resulting in and/or attributable to personal injury, death, and/or damage and/or destruction to tangible or intangible property. F. Workers' Compensation. Subrecipient shall maintain workers' compensation insurance coverage, in the amount required by Idaho law, for all employees involved in the performance of this Agreement. G. Insurance. Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage. At a minimum, Subrecipient must provide the equivalent insurance coverage for real property and equipment acquired or improved with CDBG funds as provided to property owned by the non-Federal entity. For construction or facility improvement contracts or subcontracts exceeding the simplified acquisition threshold as defined in 41 U.S.C. 134 and Appendix II, section(A), Subrecipient must comply with bonding requirements set forth in 2 CFR § 200.325. H. Grantee Recognition. Subrecipient shall ensure recognition of the role of the City in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. I. Amendments. The parties hereto may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each party, and approved by City's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release either party from its obligations under this Agreement. City may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines,policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding,the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both parties. J. Termination (see 2 CFR Part 200,Appendix I1, section (B)). 1. Termination for convenience. Either party may terminate this Agreement by, at least thirty (30) days before the effective date of such termination, giving written notice to the other party of such termination and specifying the effective date thereof. 2. Termination for cause. Termination of this Agreement, in whole or in part,may occur for cause,which shall include, but shall not be limited to,the following: SUBRECIPIENT AGREEMENT-BOYS&GIRLS CLUB SCHOLARSHIPS PAGE 13 OF 28 a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines,policies or directives as may become applicable at any time; b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; c. Ineffective or improper use of funds provided under this Agreement; or d. Submission of reports that are incorrect or incomplete in any material respect. Either Party may terminate this Agreement for cause by providing written notice to the other of the basis of termination. The defaulting Party shall have fourteen (14) days to cure the deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time period,the other Party shall terminate this Agreement for cause. In addition to termination of this Agreement and/or any other remedies as provided by law, City may declare Subrecipient ineligible for any further participation in City CDBG programming. Pursuant to 24 CFR § 570.503(b)(7), upon expiration or termination of this Agreement, Subrecipient shall transfer to City any and all CDBG funds on hand at the time of expiration, any and all accounts receivable attributable to the use of CDBG funds, and any CDBG funds previously disbursed. 3. Work completed. In the event of any termination, all finished or unfinished documents, data, studies, surveys,maps, models, drawings, photographs, reports, and/or other materials that are the property of and prepared by Subrecipient under this Agreement shall become the property of City, and Subrecipient shall provide same within seven(7) days of City's demand therefor. Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. K. Assignment. Subrecipient shall not assign or transfer any interest in this agreement without prior written consent of City;provided, however, that claims for money due or to become due to Subrecipient from City under this Agreement may be assigned to a bank,trust company, or other financial institution without such approval. Notice of any assignment or transfer shall be furnished promptly to City. L. Subcontractors. 1. City must approve. Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of City. All subcontracts entered into in the performance of this Agreement shall be awarded pursuant to any applicable provisions of the City Purchasing Policy and/or local, state, or federal laws. 2. Monitoring. Subrecipient shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by City, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. SUBRECIPIENT AGREEMENT-BOYS&.GIRLS CLUB SCHOLARSHIPS PAGE 14 OF 28 3. Subcontract content. Subrecipient shall cause all provisions of this Agreement in their entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. Specifically,without limitation, Subrecipient shall include the provisions of this Agreement regarding Civil Rights,Affirmative Action, and the CDBG General Supplemental Conditions (if applicable) in every subcontract or purchase order, specifically or by reference,to ensure that such provisions will be binding upon all subcontractors. 4. Documentation. Executed copies of all subcontracts shall be forwarded to City along with documentation concerning the selection process. M. Relocation, real property acquisition,and one-for-one housing replacement. Subrecipient agrees specifically, without limitation,to comply with: 1. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); 2. The requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under 24 CFR part 42, subpart B; and 3. The requirements in 24 CFR 570.606(d) governing optional relocation policies. Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2)that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. N. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. O. Severability. If any provision of this Agreement is held to be invalid,the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. P. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written,whether previous to the execution hereof or contemporaneous herewith. Q. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. R. Attachments. All attachments and/or exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. S. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and Subrecipient. SUBRECIPIENT AGREEMENT-BOYS&GIRLS CLUB SCHOLARSHIPS PAGE 15 OF 28 IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: Boys & Girls Clubs of Ada County, Idaho, Inc. 10 Colleen Braga, Executive Direct62 Date CITY: City of Meridian Attest: By: Robert E. Simison, Mayor 11-6-2024 Chris Johnson, City Clerk 11-6-2024 SUBRECIPIENT AGREEMENT-BOYS&GIRLS CLUB SCHOLARSHIPS PAGE 16 OF 28 Attachment 1: Indirect Cost Rate(s) As the duly authorized representative of the subrecipient, I certify that the subrecipient: Er Will not use an indirect cost rate to calculate and charge indirect costs under the grant. ❑ Will calculate and charge indirect costs under the grant by applying a de minimis rate as provided by 2 CFR 200.414(f), as may be amended from time to time. ❑ Will calculate and charge indirect costs under the grant using the indirect cost rate(s) listed below, and each rate listed is included in an indirect cost rate proposal developed in accordance with the applicable appendix to 2 CFR part 200 and, if required, was approved by the cognizant agency for indirect costs. Agency/department/major function Indirect cost rate Type of Direct Cost Base /o /o /o Instructions for the Subreci ient's Authorized Representative: • You must mark the one (and only one)checkbox above that best reflects how the indirect costs will be calculated and charged under the grant. • The table following the third box must be completed only if that box is checked. When listing a rate in the table, enter both the percentage amount(e.g., 10%) and the type of direct cost base to be used. For example, if the direct cost base used for calculating indirect costs is Modified Total Direct Costs, then enter"MTDC" in the "Type of Direct Cost Base"column. • If using the Simplified Allocation Method for indirect costs, enter the applicable indirect cost rate and type of direct cost base in the first row of the table. • If using the Multiple Allocation Base Method, enter each major function of the organization for which a rate was developed and will be used under the grant,the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied. • If the subrecipient is a government and more than one agency or department will carry out activities under the grant, enter each agency or department that will carry out activities under the grant, the indirect cost rate(s) for that agency or department, and the type of direct cost base to which each rate will be applied. • To learn more about the indirect cost requirements, see 2 CFR part 200, subpart E and Appendix VII to Part 200 (for state and local governments). Name Title 11aw Signat Date SUBRECIPIENT AGREEMENT-BOYS&GIRLS CLUB SCHOLARSHIPS PAGE 17 OF 28 Attachment 2: Signing Authority Complete the form to designate signing authority. Subrecipient Name: S � S CLwbs o+ A kc Project Name: �0r\to _- Program Year: Start Date: 1 O 1 End Date: 9 30 y Name Title y Authorized to sign for(check all that apply): Identifying Signature financial CiII'C,ontractual Name Title Authorized to sign for(check all that _ apply): Identifying Signature ❑ Financial ❑ Contractual Name Title Authorized to sign for(check all that apply): Identifying Signature ❑ Financial ❑ Contractual Signing authority for the above individuals is authorized by: winde-11 _ _. _moo,+' c� C1-�o�►r Name Title (' l U, { `i `! Signature Date SUBRECIPIENT AGREEMENT-BOYS&GIRLS CLUB SCHOLARSHIPS PAGE 18 OF 28 Attachment 3: Federal Certifications The following are required as referenced below. Subrecipient Name: 'Sc l S my.\a GTt CAS C k%oos 4 (20%y 1j-�i 1 MCw%lp Project Name: Program Year: ao)py Start Date: ��� ; ao�y End Date: Subrecipient maintains a policy for and complies with the following: Yes No N/A Policy C!?' ❑ ❑ ADA/Section 504 [29 U.S.C. § 701] Er' ❑ ❑ Confidentiality [2 CFR § 200.303(e)] Q,' ❑ ❑ Conflict of Interest [2 CFR § 200.318(c)(1); 24 CFR § 570.611] ❑ ❑ Drug Free Workplace [24 CFR part 24, subpart F] pi ❑ ❑ Equal Employment Opportunity [2 CFR Part 200; 41 CFR § 60-1.4(b)] ❑ ❑ ❑ Fair Housing [Fair Housing Act] (if applicable) B`�- ❑ ❑ Nondiscrimination [24 CFR§ 570.607] ❑ ❑ ❑ Procurement [2 CFR § 200.318(a)] (if applicable) Is Subrecipient a nonprofit entity? (RYe-s- ONO Per 2 CFR § 200.415 major nonprofit organizations are ineligible for this funding. If the agency is a nonprofit, please select one of the following: EeOrganization is not a major nonprofit organization. ❑ Organization is a major nonprofit organization. By signing this form, I certify the above is true and correct to the best of my knowledge. Name Title IUD Signat e Date 'A major nonprofit organization is defined in§200.414(a)as an organization receiving more than$10 million in direct federal funding. SUBRECIPIENT AGREEMENT-BOYS&GIRLS CLUB SCHOLARSHIPS PAGE 19 OF 28 Attachment 4: Budget Boys and Girls Clubs of Ada County Meridian Scholarship Program PY24 Project#176 Scholarships Total Award $ 34,9S9.00 $ 34,9S9.00 Draw # Date Timeframe 1 t t S t z 31 Zwzol < 739. 00 $ %,'13ci ob 2 3 9l0 5" 2,139. o0 $ 17 41 - 3 `t tS a 14 - LJW a 00 $ 210►s:o _ 4 IQ t5 a5 —9 30 -139. 00 $ 34,ASq - Total $34,ct vi - $ 3 4,`t.s 9- Balance $ 34,9S9.00 $ 34,9S9.00 SUBRECIPIENT AGREEMENT-BOYS&GIRLS CLUB SCHOLARSHIPS PAGE 20 OF 28 Attachment 5: Risk of Noncompliance Risk Analysis fa-c—tor Risk Level Type of Contact Med Risk: 3 Points Low Risk=Public Improvements/Planning Med Risk=Housing/Public Services Contract Amount Low Risk: 1 Point Low Risk=$0-$44,999 Med Risk=$45,000-$79,999 High Risk=$80,000+ Experience with Meridian CDBG Low Risk: 1 Point Low Risk=No Med Risk=Yes New Activity for Subrecipient Low Risk: 1 Point Low Risk=No High Risk=Yes Number of Clients Served Med Risk: 3 Points Low Risk=50 or Less Med Risk=More than 50 Admin Expenses Low Risk: 1 Point Low Risk=20%of budget or less High Risk=More than 20%of budget OR Staff Costs for Homeowner Repair more than 50% Key Organizational Change Low Risk: 1 Point Low Risk=None Med Risk=Other Key Staff High Risk=Executive Director/Financial Manager/Program Manager Systems Change Low Risk: 1 Point Low Risk=Minor/None Med Risk=Major Program Delays Low Risk: 1 Point Low Risk=CDBG Program began on schedule Med Risk=CDBG Program did not begin on schedule/New Program Progress Reports Low Risk: 1 Point Low Risk=History of reports submitted on time(more than 75%) Med Risk=History of reports submitted late(25%or more late)/New Program Met Goals in Previous Years Low Risk: 1 Point Low Risk=Yes/Met at least 75% Med Risk=No/New Program Financial Audit Low Risk: 1 Point Low Risk=Audit with no/minor findings High Risk=Audit with moderate to serious findings/No audit although required Last Monitoring Visit Med Risk: 3 Points Low Risk=Less than 2 years Med Risk=2+years High Risk=New Program/Not Renewed Corrective Action (Any Monitoring) Low Risk: 1 Point Low Risk=No Findings or Concerns Med Risk=New Program/Current Concerns(e.g.require action but no serious impact) High Risk=Current Major Findings(e.g.would affect services/clients/financial concern) Risk Score 20 Points SUBRECIPIENT AGREEMENT—BOYS&GIRLS CLUB SCHOLARSHIPS PAGE 21 OF 28 Risk Determination Level of Risk ® Low Risk(up to 25 points) Project will be monitored primarily via review of progress reports and reimbursement requests. Onsite monitoring will generally take place every three years, typically during the first six months of the program year, if there are multiple years of being a low risk subrecipient. Technical assistance will be provided upon request. ❑ Medium Risk(26 to 35 points) A desk monitor will be conducted annually.An on-site monitor will generally take place every two years, typically during the first six months of the program year. Based on the results of the monitoring visit, staff will determine the need for and frequency of additional technical assistance and/or on-site compliance reviews. ❑ High Risk(36+ points) Project will receive onsite monitoring after the first clients have been served. Subrecipient may also be required to submit additional documentation on a regular basis, as needed. Ongoing technical assistance will be required. Comments The Boys & Girls Club has done an excellent job, and their staff has been a pleasure to work with. They are always responsive, and their strong presence in the community is highly valued. They were instrumental in assisting the City during the action plan development, ensuring that their clientele was well represented. While they remain a low-risk partner, the City will be conducting an onsite monitoring visit this year, as it has been two years since the last review. This is to ensure they continue to qualify for reduced reimbursement request documentation and quarterly reporting. We look forward to continuing our partnership. Approval This determination was made on behalf of Meridian's CDBG Program based on information from the application,past experience, and collaboration with stakeholders and other local governments.By signing below, staff certifies that the information provided is,to the best of our knowledge, accurate and complete. CDBG Staff Name: Title: Crystal Campbell Community Development Program Coordinator Signature: Crysta.L Ca pbeW Electronically signed by campbell@meridiancify.org on 10/1712024 8:57 AM CDBG Staff Supervisor Name: Title: Curtis Calder Economic Development Administrator Signature Cu4,tt' -Ca dew Electronically signed by cealder@meridiancityorg on 10/17/2024 9:19 AM SUBRECIPIENT AGREEMENT-BOYS&GIRLS CLUB SCHOLARSHIPS PAGE 22 OF 28 Attachment 6: Environmental Review Environmental Review for Activity/Project that is Exempt or Categorically Excluded Not Subject to Section 58.5 Pursuant to 24 CFR 58.34(a)and 58.35(b) Project Information Project Name: Boys-&-Girls-Club-Youth-Scholarships-PY22-26 HERDS Number: 900000010284413 Responsible Entity(RE): MERIDIAN,33 E Idaho Ave Meridian ID, 83642 State/Local Identifier: RE Preparer: Crystal Campbell Grant Recipient(if different than Responsible Entity): Point of Contact: Consultant(if applicable): Point of Contact: Project Location: 911 N Meridian Rd, Meridian, ID 83642 Additional Location Information: N/A Description of the Proposed Project[24 CFR 50.12&58.32;40 CFR 1508.25]: The Scholarship Program for the Meridian Boys&Girls Club provides support to low income Meridian families by giving their children access to some of the Club's extended services such as Sunrise Club(before school program,) Early Risers Program (Summer extended day program)and Kinder Club(supports kindergartners during the half day they are not in school.)This program is important as it keeps kids safe and learning during the hours that parents are at work,and it provides economic stability to some of our communities most disadvantaged families.The City anticipates using$20,000 of CDBG funding per year during each of the remaining years in the 2022-2026 Consolidated Plan.This Environmental Review will cover that span. CDBG funds will be used to assist an estimated 150 children in the next five years.These services are provided at the Boy's and Girls Club throughout the year and should not have an environmental impact. This project is anticipated to be funded for the duration of the PY22-PY26 Consolidated Plan,but is dependent on a competitive annual application and the congressional release of funding. Level of Environmental Review Determination Activity/Project is Exempt per 24 CFR 58.34(a): 58.34(a)(4) SUBRECIPIENT AGREEMENT—BOYS&GIRLS CLUB SCHOLARSHIPS PAGE 23 OF 28 Signature Page BG Club ER sig.pdf Funding Information Grant/Project HUD Program Program Name Identification Number Community Planning and Community Development Block Grants 147 Development(CPD) (CDBG)(Entitlement) Estimated Total HUD Funded,Assisted $100,000.00 or Insured Amount: Estimated Total Project Cost [24 CFR 58.2 (a) (5)]: $100,000.00 Compliance with 24 CFR 50.4& 58.6 Laws and Authorities Compliance Factors: Are formal Compliance determination Statutes, Executive Orders, and compliance steps (See Appendix A for source Regulations listed at 24 CFR§50.4& or mitigation determinations) §58.6 required? STATUTES,EXECUTIVE ORDERS,AND REGULATIONS LISTED AT 24 CFR§50.4&§58.6 Airport Runway Clear Zones and Clear Zones 24 CFR part 51 ❑ Yes 0 No Coastal Barrier Resources Act Coastal Barrier Resources Act,as This project is located in a state that amended by the Coastal Barrier does not contain CBRS units.Therefore, Improvement Act of 1990 [16 USC this project is in compliance with the 3501] _ ❑ Yes 0 No Coastal Barrier Resources Act. Flood Insurance Based on the project description the Flood Disaster Protection Act of project includes no activities that would 1973 and National Flood Insurance require further evaluation under this Reform Act of 1994 [42 USC 4001- section.The project does not require 4128 and 42 USC 5154a] flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance ❑ Yes 0 No Program (NFIP).The project is in SUBRECIPIENT AGREEMENT—BOYS&GIRLS CLUB SCHOLARSHIPS PAGE 24 OF 28 Compliance Factors: I Are formal Compliance determination Statutes, Executive Orders,and compliance steps (See Appendix A for source Regulations listed at 24 CFR§50.4& or mitigation determinations) §58.6 required? STATUTES,EXECUTIVE ORDERS,AND REGULATIONS LISTED AT 24 CFR§50.4&§58.6 compliance with Flood Insurance requirements. Mitigation Measures and Conditions [CFR 40 1505.2(c)]:Summarized below are all mitigation measures adopted by the Responsible Entity to reduce,avoid or eliminate adverse environmental impacts and to avoid non-compliance or non-conformance with the above-listed authorities and factors.These measures/conditions must be incorporated into project contracts,development agreements and other relevant documents.The staff responsible for implementing and monitoring mitigation measures should be clearly identified in the mitigation plan. Law,Authority, Mitigation Measure or Condition Comments on Mitigation Complete or Factor Completed Plan Measures Project Mitigation Plan Supporting documentation on completed measures SUBRECIPIENT AGREEMENT—BOYS&GIRLS CLUB SCHOLARSHIPS PAGE 25 OF 28 APPENDIX A: Related Federal Laws and Authorities Airport Runway Clear Zones General policy Legislation Regulation It is HUD's policy to apply standards to 24 CFR Part 51 Subpart D prevent incompatible development around civil airports and military airfields. 1. Does the project involve the sale or acquisition of developed property? ✓ No Based on the response,the review is in compliance with this section. Yes Compliance Determination Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No SUBRECIPIENT AGREEMENT—BOYS&GIRLS CLUB SCHOLARSHIPS PAGE 26 OF 28 Coastal Barrier Resources General requirements Legislation Regulation HUD financial assistance may not be Coastal Barrier Resources Act used for most activities in units of the (CBRA) of 1982,as amended by Coastal Barrier Resources System the Coastal Barrier Improvement (CBRS). See 16 USC 3504 for limitations Act of 1990(16 USC 3501) on federal expenditures affecting the CBRS. This project is located in a state that does not contain CBRA units.Therefore,this project is in compliance with the Coastal Barrier Resources Act. Screen Summary Compliance Determination This project is located in a state that does not contain CBRS units.Therefore,this project is in compliance with the Coastal Barrier Resources Act. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No SUBRECIPIENT AGREEMENT—BOYS&GIRLS CLUB SCHOLARSHIPS PAGE 27 OF 28 Flood Insurance General requirements NOMMMMMMEW Legislation Regulation Certain types of federal financial assistance may not be Flood Disaster 24 CFR 50.4(b)(1) used in floodplains unless the community participates Protection Act of 1973 and 24 CFR 58.6(a) in National Flood Insurance Program and flood as amended (42 USC and (b); 24 CFR insurance is both obtained and maintained. 4001-4128) 55.1(b). 1. Does this project involve financial assistance for construction rehabilitation,,or acquisition of a mobile home, building, or insurable personal property? ✓ No.This project does not require flood insurance or is excepted from flood insurance. Based on the response,the review is in compliance with this section. Yes 4. While flood insurance is not mandatory for this project,HUD strongly recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP). Will flood insurance be required as a mitigation measure or condition? Yes ✓ No Screen Summary Compliance Determination Based on the project description the project includes no activities that would require further evaluation under this section.The project does not require flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP).The project is in compliance with Flood Insurance requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No SUBRECIPIENT AGREEMENT—BOYS&GIRLS CLUB SCHOLARSHIPS PAGE 28 OF 28 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Subrecipient Agreement Between City of Meridian and NeighborWorks Boise for Program Year 2024 Community Development Block Grant Funds for Homeowner Repair Program SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND NEIGHBORHOOD HOUSING SERVICES,INC. DBA NEIGHBORWORKSO BOISE FOR PROGRAM YEAR 2024 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Subrecipient Agreement("Agreement") is entered into this 6th day Of November , 2024 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Neighborhood Housing Services, Inc. dba NeighborWorks Boise, a nonprofit charitable corporation organized under the laws of the state of Idaho("Subrecipient"). WHEREAS,City is an entitlement community, and as such has applied for, and been granted authority to receive funds from the United States Department of Housing and Urban Development ("HUD") under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, i.e., Community Development Block Grant ("CDBG") funds; and WHEREAS,pursuant to the terms of this Agreement, the City hereby provides a subaward of the following grant(s) to Subrecipient: grant no. B-24-MC-16-0006, awarded by HUD on August 30, 2024; WHEREAS,the City wishes to engage Subrecipient by way of this Agreement to assist the City in utilizing such funds and the CDBG program in a manner compliant with the requirements of 24 CFR Part 570 and 2 CFR Part 200, and all other federal, state, and local laws, statutes, regulations and/or requirements; and WHEREAS, it is acknowledged by the Parties that although Congress has signed an appropriation bill committing the funds set forth in this Agreement, and HUD has notified City of its apportionment and approved the City's Action Plan, availability of CDBG funds to City, and thus to Subrecipient, is subject to Congressional release of such funds to HUD and HUD's release of such funds to City; and that City's obligation to provide funding to Subrecipient under this Agreement is provisional, pending the availability of such funds; NOW,THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. STATEMENT OF WORK A. Activities. Subrecipient shall use City's subaward of CDBG funds in an amount not to exceed One Hundred Sixty Thousand Dollars ($160,000). Subrecipient will be responsible for administering a Homeowner Repair program, in a manner satisfactory to the City and consistent with any standards required as a condition of providing the funds. This project is eligible under(14A) Rehabilitation; Single-Unit Residential and(14H) Rehabilitation Administration. CDBG Funds will be used to reimburse for labor, materials, other costs of rehabilitation of properties, and all delivery costs directly related to carrying out housing rehabilitation activities. The primary administrative office is located at 3380 W. Americana Terrace, Suite 120, Boise, ID. B. National Objective. Subrecipient certifies that the activities carried out using the City's CDBG funds provided by City under this Agreement will meet one or more of the CDBG program's National Objectives as defined in 24 CFR 570.202(b). SUBRECIPIENT AGREEMENT—PY24 NEIGHBORWORKs BOISE HOMEOWNER REPAIRS PAGE 1 OF 28 C. Level of Service. Subrecipient's activities under this Agreement shall provide at least 8 total Units of Service over the term of this Agreement. For the purposes of this Agreement, "Units of Service" shall be defined as"Low- to Moderate-Income Households." Subrecipient shall verify that the household income of clientele served by City's CDBG funds, as defined in 24 CFR § 5.609, does not exceed the maximum limits as determined by the U.S. Department of Housing and Urban Development. The current income guidelines are located in the Subrecipient Toolbox at k I :ridiancity.or= box. D. Staffing. Subrecipient agrees to provide the City with an Hourly Billing Rate worksheet and job description for each staff member that will be paid using CDBG funds prior to Subrecipient's initial reimbursement request. E. Special Conditions. 1. Subrecipient understands and agrees that the allocation of CDBG funds may be used to provide services and programs only to City of Meridian residents. If applicable, Subrecipient shall verify that any and all persons who receive funds granted to Subrecipient pursuant to this Agreement("Client") a) reside within the city limits of Meridian, Idaho and b) meet the current CDBG income eligibility guidelines. Subrecipient must deem any Client who does not meet the above requirements to be ineligible to receive CDBG funds and shall suspend use of federal funds for the Client. 2. Subrecipient certifies that Subrecipient is in compliance with all applicable Fair Housing Laws, Section 504 of the Rehabilitation Act, and Americans with Disabilities Act requirements. 3. City reserves the right to make unannounced visits to Subrecipient's location in order to verify compliance with all program requirements. 4. If applicable, Subrecipient may utilize HUD's Income Calculator at https:i;'www.hudexchange.info.incomecalculator.' to determine annual household income of any or all Clients based on CDBG criteria. F. Time of performance. Services of Subrecipient shall start on or after October 1, 2024 and end on September 30, 2025. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. II. SUBRECIPIENT'S ADMINISTRATIVE REQUIREMENTS A. General Compliance. Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) including subpart K of these regulations, except that(1) Subrecipient does not assume the City's environmental responsibilities described in 24 CFR 570.604 and(2) Subrecipient does not assume the City's responsibility for initiating the review process under the provisions of 24 CFR Part 52, and all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this Agreement. A copy of the Environmental Review Record is included as SUBRECIPIENT AGREEMENT- PY24 NEIGHBORWORKS BOISE HOMEOWNER REPAIRS PAGE 2 OF 28 Attachment 6. B. Uniform administrative requirements. Subrecipient shall comply with applicable uniform administrative requirements, as described in 24 CFR § 570.502. C. Performance monitoring. City will monitor the performance of Subrecipient against goals and performance measures as set forth herein. Performance monitoring shall include City's review of Subrecipient's submitted documents for accuracy and completion, as well as a risk analysis that will determine if the City will conduct a desk review and/or an on-site visit from City's Community Development Program Coordinator to review the completeness and accuracy of records maintained. A copy of the risk analysis is included as Attachment 5. City may share Subrecipient performance and monitoring results with other local CDBG grantees and/or agencies who are providing funding to Subrecipient. Substandard performance as determined by City shall constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within fourteen days(14) after being notified by City, City shall initiate termination procedures. Noncompliance may result in a formal letter notifying Subrecipient that Subrecipient is not eligible to request funding for the following grant cycle. D. Budget. Subrecipient shall adhere to the budget included as Attachment 4. Subrecipient shall obtain written approval from City prior to any change in use of funds. E. Reports. Subrecipient shall submit progress reports monthly, due 15 days after the last day of the reporting period. Subrecipient must timely submit progress reports even if no activities are conducted within the reporting period. A Final Report shall be submitted with the final reimbursement request, due 15 days after the end date of the award. If reports are delinquent or inaccurate, reimbursement requests will not be processed until the report is submitted or corrected. All reports must be submitted via the City's online portal. Instructions on submitting reports are located in the Subrecipient Toolbox at htys: mcridianclty.org toolbox. F. Supplementation of other funds. Subrecipient agrees to utilize funds available under this Agreement to supplement, rather than supplant, funds otherwise available. G. Client Data. If applicable, subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: client name, address, income level or other basis for determining eligibility,race, ethnicity, and description of service provided. Such information shall be made available for review upon City's request. Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of City or Subrecipient's responsibilities under this Agreement, is prohibited by the Financial Privacy Act unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent`guardian. H. Closeout. Subrecipient's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but shall not be limited to: making final payments, submitting final report(s), disposing of program assets(including the SUBRECIPIENT AGREEMENT-PY24 NEIGHBORWORKs BORE HOMEOWNER REPAIRS PAGE 3 OF 28 return of all unused materials, equipment, unspent cash advances,program income balances, and accounts receivable to City), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that Subrecipient has control over CDBG funds, including program income. I. Audits and inspections.All Subrecipient records with respect to any matters covered by this Agreement shall be made available to City, HUD or its agent, or other authorized federal officials, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. Any deficiencies noted in audit reports must be fully repaired by Subrecipient within thirty (30) days after receipt of such report by Subrecipient. Failure of Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Subrecipient shall comply with 2 CFR § 200.501, which requires that all non- Federal entities that expend $1 million or more in Federal awards, in one year, have a single or program-specific audit. If the threshold is not met for a single or program audit, Subrecipient will provide a certified financial statement. J. Transparency, Suspension, and Debarment. Subrecipient shall comply with requirements established by the U.S. General Services Administration concerning the Unique Entity Identifier, the System for Award Management ("SAM")and, per 2 CFR § 170.320, the Federal Funding Accountability and Transparency Act, including Appendix A to 2 CFR part 25. Additionally,pursuant to 2 CFR Part 180 and 2 CFR Part 200, Appendix II, section (H), Subrecipient is prohibited from contracting with any party that is not registered in SAM with an active account, i.e. listed on the governmentwide exclusions in the SAM. K. Payment Procedures. 1. Indirect Costs. The City will only reimburse Subrecipient for indirect costs that comply with 2 CFR 200, subpart E and have been previously approved, in writing, by the Community Development Program Coordinator per Attachment 1: Indirect Cost(s). Subrecipient must immediately notify the City upon any change in the Subrecipient's indirect cost rate, so the City can amend the Agreement to reflect the change if necessary. 2. Payment Procedures. City will pay to Subrecipient funds available under this Agreement based upon information submitted by Subrecipient and consistent with any approved budget and City policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by City in accordance with advance fund and program income balances available in Subrecipient's accounts. In addition, City reserves the right to liquidate funds available under this Agreement for costs incurred by City on behalf of Subrecipient. 3. Reimbursement requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed One Hundred Sixty Thousand Dollars ($160,000). City will not accept or process reimbursement requests prior to City's reception of Congressional Release of Funds; the Community Development Program Coordinator shall notify Subrecipient of such release and the opportunity to submit reimbursement SUBRECIPIENT AGREFMENT PY24 NEIGHBORWORKs Bo15E HOMEOWNFR REPAIRS PAGE 4 OF 28 requests. Reimbursement requests for the payment of eligible expenses shall be made against the activity specified, in accordance with performance, and as expenses are incurred by Subrecipient. Reimbursement requests shall only be accepted via the City's online portal and must be completed in full to be processed. Instructions to submit reimbursement requests are located in the Subrecipient Toolbox at litq)s: mcridiancit���'toolbox. All reimbursement requests are to be submitted as needed in coordination with the Community Development Program Coordinator. Reimbursement requests shall include the following: transaction detail completed for the relevant draw request period, timesheets in compliance with 2 CFR 200.430 (if applicable), and proof of payment by Subrecipient(such as copy of receipt of payment and/or other relevant documentation of payment), and any additional information requested by City staff. Reimbursement requests must be submitted within fifteen (15) calendar days from the close of each month of the program year except for the Y final reimbursement request. City will process reimbursement requests once per month after the due date. Subrecipient's final reimbursement request under this Agreement must be submitted by Subrecipient no later than October 30, 2025. Subrecipient shall forfeit reimbursement for any costs not requested within the timeframes set forth in this provision, unless otherwise authorized, in writing, by City. L. Documentation required prior to real estate transactions. Where City's CDBG funds are used for real estate acquisition, as early as practicable, and not less than two (2) weeks prior to the completion of each transaction, Subrecipient shall provide the address of real property under consideration to City for floodplain and related environmental review. Failure to provide the address of the housing unit under consideration in advance of the anticipated close date may result in added expenses for the beneficiary or Subrecipient, or refusal of reimbursement by City. Subrecipient shall maintain real property inventory records that clearly identify properties purchased, improved, rented, or sold. M. Housing Affordability. Where the City's CDBG funds are used for homeownership assistance, the housing must qualify as affordable per Section 215 of the National Affordable Housing Act. N. National Objectives met for five (5) years. Pursuant to 24 CFR § 570.503(b)(7)(i), real property that is acquired or improved, in whole or in part, with funds under this Agreement in excess of$25,000 shall be used to meet one of the CDBG National Objectives until five(5) years after expiration of this Agreement. If the use of the CDBG-assisted real property fails to meet a CDBG National Objective for this prescribed period of time, Subrecipient shall pay City an amount equal to the current market value of the property, less any portion of the value attributed to expenditures of non-CDBG funds for acquisition of or improvement to the property. Such payment shall constitute program income to City. Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period. O. Compliance with procurement policies. Subrecipient shall comply with current Federal, State, and City policies concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided hereunder. P. Sale of equipment. In all cases in which equipment acquired in whole or in part with funds under this Agreement is sold, the proceeds shall be program income, prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment. SUBRECIPIENT AGREEMENT-PY24 NEIGHBORWORKS BOISE HOMEOWNER REPAIRS PAGE 5 OF 28 Equipment purchased with funds received under this Agreement but not needed by Subrecipient for activities under this Agreement shall be (a) transferred to City for the CDBG program or(b) retained after compensating City an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment. Q. Program income. 1. Remittance at end of program year. Pursuant to 24 CFR § 570.503(b)(3) and Pursuant to 24 CFR § 570.504(c), at the end of the program year, the City may require remittance of all or part of any program income balances, including investments thereof, held by Subrecipient, except those needed for immediate cash needs, cash balances of a revolving loan fund, cash balances from a lump sum drawdown, or cash or investments held for Y section 108 security needs. 2. Recording program income. Pursuant to 24 CFR § 570.504(a), the receipt and expenditure of program income shall be recorded as part of the financial transactions of the grant program. 3. Disposition if received before closeout. Pursuant to 24 CFR § 570.504(b)(1), program income received before grant closeout may be retained by the recipient if the income is treated as additional CDBG funds subject to all applicable requirements governing the use of CDBG funds, and will be subject to all provisions of Pursuant to 24 CFR §§ 570.504(b) and (c), both prior to and upon closeout. R. Records and reports. 1. Records to be maintained. In addition to specific records mentioned in this Agreement, Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including,but not limited to,those required by the Federal regulations specified in 2 CFR § 200.302(b) and 24 CFR § 570.506, including: a. Full descriptions and records of each activity undertaken; b. Records related to activities meeting the National Objectives; c. Records required to determine the eligibility of activities for CDBG funding; d. Records required to document the acquisition, improvement,use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG Program; f. Financial records, as required by 570.506(h); g. Other records necessary to document compliance with 24 CFR Part 570, Subpart K; h. Identification of CDBG funds received and expended and the Federal programs under which they were received, including Federal award identification number and year and name of the pass-through entity (City of Meridian); i. Records that identify adequately the application of CDBG funds, including information pertaining to Federal awards, authorizations, financial obligations, unobligated balances, assets, expenditures, income and interest; such records shall be supported by source documentation; j. Comparison of expenditures with budget amounts for each Federal award. k. Written procedures to implement the requirements of 2 CFR 200.305; and 1. Written procedures for determining the allowability of costs in accordance with subpart SUBRECIPIENT AGREEMENT- PY24 NEIGHBORWORKs BOISE HOMEOWNER REPAIRS PAGE 6 OF 28 E of this part and the terms and conditions of the Federal award. 2. Records retention. Subrecipient shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement, defined as the date of the submission of City's final annual performance and evaluation report to HUD. Records for non-expendable property acquired with funds under this Agreement shall be retained for five (5)years after final disposition of such property. If,prior to the expiration of the five-year period, any litigation, claims, audits, negotiations or other actions begin that involve any of the records cited, such records shall be retained until completion of the actions and resolutions of all issues, or the expiration of the five-year period, whichever occurs later. III. EMPLOYMENT AND LABOR CONDITION REQUIREMENTS A. Equal Employment Opportunity. Per 2 CFR Part 200, Appendix II, section(C) and 41 CFR § 60 1.4(b), the equal opportunity clause set forth in 41 CFR § 60-1.4(b) is incorporated herein by reference, and shall apply as though set forth fully herein. B. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1974, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, Executive Order 11246 as amended by Executive Orders 11375 and 12086, and 24 CFR §§ 570.601 and 570.602. Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. C. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR § 570.607. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act of 1974 (24 CFR § 6)are also applicable. Subrecipient will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. Subrecipient will take affirmative action to ensure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. D. ADA Section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 701 et seq.), which prohibits discrimination against the handicapped in any federally assisted activities. City shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. E. Small, Women-and Minority-Owned Businesses. Per 2 CFR § 200.321, Subrecipient must take all necessary affirmative steps to assure that small businesses, minority businesses, women's business enterprises, and labor surplus area firms are used when possible SUBRECIPIENT AGRLEMLY1 PY24 Nr.1GHBORWORKs BO1sF.HomLOWNER REPAIRS PAGE 7 OF 28 F. Affirmative Action. Subrecipient agrees that it shall be committed to carry out pursuant to City's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds if applicable. G. Notice to workers. Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. H. Solicitations for employment. Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. I. Drug Free Workplace. Subrecipient certifies it is in compliance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) which requires grantees (including individuals)of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drugfree workplaces. Each potential recipient must certify that it will comply with drugfree workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F. J. Faith-based organizations. Pursuant to 24 CFR § 570.2000), if Subrecipient is a faith-based organization, Subrecipient agrees to expend funds provided under this Agreement in accordance with 24 CFR § 5.I09. K. Labor standards. Per 2 CFR Part 200, Appendix II, section (D), Subrecipient agrees to comply with all applicable requirements of the Secretary of Labor in accordance with the Davis-Bacon Act(40 U.S.C. §§ 3141 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5) as amended. In accordance with the statute, Subrecipient or Subrecipient's subcontractor must pay wages to laborers and mechanics at a rate not less than the prevailing wages as specified in a wage determination made by the Secretary of Labor. In addition, Subrecipient or Subrecipient's subcontractor must be required to pay wages not less than once a week. Subrecipient must include a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. Further, the provisions of Agreement Work Hours and Safety Standards Act; the Copeland "Anti-Kickback"Act(40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3), under which Subrecipient or Subrecipient's subcontractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. Subrecipient further acknowledges and agrees that all contractors engaged under contracts in excess of$2,000.00 for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with Federal requirements pertaining to such Agreements and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Subrecipient or its subcontractors of its obligation, if SUBRECIPIENT AGREEMENT-PY24 NEIGHBORWORKS BOISE HOMEOWNER REPAIRS PAGE 8 OF 28 any, to require payment of the higher wage. Per 2 CFR Part 200, Appendix II, section(E), the Contract Work Hours and Safety Standards Act(40 U.S.C. §§ 3701-3708) applies to contracts in excess of$100,000. L. Conflicts of interest; nepotism. Subrecipient agrees to abide by the provisions of 24 CFR § 570.611. Further, no person who exercises or has exercised any function or responsibility with respect to CDBG-assisted activities, or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in activities funded under this Agreement, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one(1)year thereafter. M. Rights to Inventions. Per 2 CFR Part 200, Appendix II, section(F), if Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental,developmental, or research work , Subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. N. Lobbying; political activities. Subrecipient hereby certifies that: No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal agreement, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal agreement, grant, loan, or cooperative agreement; If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; Subrecipient will require that the following language be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly: "This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not let less than $10,000 and not more than $100,000 for each such failure." The foregoing certification is a material representation of fact upon which reliance is placed by City. Per 31 U.S.C. § 1352 and 2 CFR Part 200, Appendix II, section (I), submission of this SUBRECIPI ENT AGREEMENT PY24 NEIGHBORWORKS BOISE HOMEOWNER REPAIRS PAGE 9 OF 28 certification may be a prerequisite for making or entering into this transaction. Subrecipient further agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engage in the conduct of political activities in violation of the Hatch Act (Title V, Chapter 15, U.S.C.). O. Section 3 of the Housing and Urban Development Act of 1968.Compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended(12 U.S.C. § 1701) ("Section 3"), the regulations set forth in 24 CFR Part 75, Subpart C, and all applicable rules and orders issued thereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and shall be binding upon City and any contractors and/or subcontractors. Section 3 will apply to a project if there is over$200,000 of HUD housing and community development financial assistance to the project (or$100,000 of Lead Hazard or Healthy Homes funding). Failure to fulfill these requirements sharil subject City, Subrecipient and any of Subrecipient's contractors and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. P. Build America, Buy America Act. Subrecipient must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Subrecipient's infrastructure project. Pursuant to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance" (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements, unless excepted by a waiver. Q. Violence Against Women Act. Subrecipient will comply with the right to report crime and emergencies protections at 34 U.S.C. 12495 of the Violence Against Women Act(VAWA). R. Waste, Fraud,Abuse, and Whistleblower Protections. Any person who becomes aware of the existence or apparent existence of fraud, waste or abuse of any HUD award must report such incidents to both the HUD official responsible for the award and to HUD's Office of Inspector General (OIG). HUD OIG is available to receive allegations of fraud, waste, and abuse related to HUD programs via its hotline number(1-800-347-3735) and its online hotline form. You must comply with 41 U.S.C. § 4712,which includes informing your employees in writing of their rights and remedies, in the predominant native language of the workforce. Under 41 U.S.C. § 4712, employees of a government contractor, subcontractor, grantee, and subgrantee—as well as a personal services contractor—who make a protected disclosure about a Federal grant or contract cannot be discharged, demoted, or otherwise discriminated against as long as they reasonably believe the information they disclose is evidence of. 1. Gross mismanagement of a Federal contract or grant; 2. Waste of Federal funds; 3. Abuse of authority relating to a Federal contract or grant; 4. Substantial and specific danger to public health and safety; or 5. Violations of law, rule, or regulation related to a Federal contract or grant. IV. ENVIRONMENTAL CONDITIONS No funds will be released until City conducts an environmental assessment and makes a determination of"No Significant Impact" in compliance with 24 CFR Part 58 and other federal, state, and local laws SUBRECIPIENT AGREEMENT PY24 NEIGHBORWORKs BOISE HOMEOWNER REPAIRS PAGE 10 OF 28 and regulations. If applicable, the City will issue a Notice to Proceed once the environmental review is completed and is accepted by the City and/or HUD. A. Air and Water. Subrecipient specifically agrees to comply with the following regulations insofar as they apply to the performance of this Agreement: 1. Clean Air Act, 42 U.S.C. §§ 7401,et seq. and 2 CFR Part 200, Appendix II, section(G). 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq., relating to inspection, monitoring, entry reports, and information, as well as other requirements specified in said Act, and all regulations and guidelines issued thereunder. 3. Environmental Protection Agency(EPA) regulations pursuant to 40-C.F.R. Part 50. B. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001), Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained, and shall assure compliance with Title 10, Chapter 6, Meridian City Code, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead-Based Paint. Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations, 24 CFR Part 35, implementing Title X of the Housing and Community Development Act of 1992. These regulations revise the CDBG lead based paint requirements under 24 CFR § 570.608. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood level screening for children under seven. The notice must also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and'or abatement may be conducted. D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470) and the procedures set forth in 36 CFR Part 800, Advisor Council on Historic Preservation Procedures for Protection of Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years or older or that are included on a Federal, state or local historic property list. E. Endangered Species. Subrecipient agrees to comply with the provisions outlined in the Endangered Species Act of 1973, as amended, for the preservation and protection of endangered species. This obligation mandates that the Subrecipient takes all necessary measures to prevent any actions that could jeopardize the continued survival of species listed under the Act and to refrain from causing harm or alteration to their critical habitats. Additionally, the Subrecipient is obliged to adhere to proper waste management practices, SUBRECIPIRN'j,AGRUMLiNT—PY24 NE[GHBORWORKs BOISE HOMEOWNER REPAIRS PAGE I I OF 28 ensuring that waste materials are either recycled or disposed of in an environmentally responsible manner, using EPA-approved sanitary or hazardous waste disposal facilities. F. Noise Abatement and Control. Subrecipient agree to comply with the guidelines outlined in the Noise Control Act of 1972, as well as the relevant directives provided by the General Services Administration Federal Management Circular 75-2, titled "Compatible Land Uses at Federal Airfields," and Title 24 CFR 51 Subpart B to mitigate excessive noise exposure, particularly in residential areas. For the rehabilitation of existing residential properties, the Subrecipient will enhance the building envelope for any components they address. Strategies may include the installation of improved windows and doors, reinforced sheathing, insulation, and sealing gaps, among other measures. V. GENERAL CONDITIONS A. Appropriation. It is acknowledged by the Parties that although Congress has signed an appropriation bill committing the funds set forth in this Agreement, and HUD has notified City of its apportionment and approved the City's Action Plan, availability of CDBG funds to City, and thus to Subrecipient, is subject to Congressional release of such funds to HUD and HUD's release of such funds to City. Unless and until HUD releases the funds, City shall have no contractual, legal, or equitable obligation to Subrecipient. In the event that CDBG funds are not made available to City, whether by Congress or by HUD, this Agreement shall be void, and City shall have no obligation to Subrecipient, whether under this Agreement or under any legal or equitable claim. B. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when emailed, personally served, or mailed in the United States mail, addressed as follows: If to City: If to Subrecipient: City of Meridian Neighborhood Housing Services, Inc. dba Attn: Crystal Campbell,Community NeighborWorks® Boise Development Program Coordinator ATTN: Bud Compher, Jr., CEO 33 E. Broadway Avenue 3380 W. Americana Terrace Suite 120 Meridian, Idaho 83642 Boise, ID 83706 ccampbellrrr:-.meridiancity.org bcompher(g i,nwboisc.org Either party may change its authorized representative and.'or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. C. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning CDBG funds, including,but not limited to, 24 CFR Part 570 and subpart K of such regulations. Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this Agreement, except that: (1) Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR § 570.604; and (2) Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 58. D. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Subrecipient shall at all times remain an independent Contractor with SUBRECIPIEN'1 AGRFEMENT PY24 NEIGHBORWORKs BoisF.HOMiOWNER REPAIRS PAGE 12 OF 28 respect to the services to be performed under this Agreement. City shall provide no benefits or insurance coverage whatsoever to Subrecipient and/or to its agents. E. Indemnity. Subrecipient, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in Subrecipient's programming, shall hold harmless, defend and indemnify City from and for all such losses, claims, actions, and/or judgments for damages or injury to persons or property and/or losses and expenses caused or incurred by Subrecipient and/or its employees,agents, contractors, officials, officers, servants, guests, and/or invitees, and participants in its programming, and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by Subrecipient and.'or Subrecipient's employees, agents, contractors, subcontractors, officials, officers, servants, guests, invitees, participants, and/or volunteers and resulting in and/or attributable to personal injury, death, and.`or damage and/or destruction to tangible or intangible property. F. Workers' Compensation. Subrecipient shall maintain workers' compensation insurance coverage, in the amount required by Idaho law, for all employees involved in the performance of this Agreement. G. Insurance. Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage. At a minimum, Subrecipient must provide the equivalent insurance coverage for real property and equipment acquired or improved with CDBG funds as provided to property owned by the non-Federal entity. For construction or facility improvement contracts or subcontracts exceeding the simplified acquisition threshold as defined in 41 U.S.C. 134 and Appendix II, section(A), Subrecipient must comply with bonding requirements set forth in 2 CFR § 200.325. H. Grantee Recognition. Subrecipient shall ensure recognition of the role of the City in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. I. Amendments. The parties hereto may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each party, and approved by City's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release either party from its obligations under this Agreement. City may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both parties. J. Termination (see 2 CFR Part 200,Appendix II,section(B)). 1. Termination for convenience. Either party may terminate this Agreement by, at least thirty (30) days before the effective date of such termination, giving written notice to the other party of such termination and specifying the effective date thereof. SUBREC[PIENT AGREEMENT-PY24 NE[GHBORWORKs Bo[SE HOMEOWNER REPAIRS PAGE 13 OF 28 2. Termination for cause.Tenmination of this Agreement, in whole or in part, may occur for cause, which shall include, but shall not be limited to, the following: a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; c. Ineffective or improper use of funds provided under this Agreement; or d. Submission of reports that are incorrect or incomplete in any material respect. Either Party may tenminate this Agreement for cause by providing written notice to the other of the basis of termination. The defaulting Party shall have fourteen (14) days to cure the deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time period, the other Party shall terminate this Agreement for cause. In addition to termination of this Agreement and/or any other remedies as provided by law, City may declare Subrecipient ineligible for any further participation in City CDBG programming. Pursuant to 24 CFR § 570.503(b)(7), upon expiration or termination of this Agreement, Subrecipient shall transfer to City any and all CDBG funds on hand at the time of expiration, any and all accounts receivable attributable to the use of CDBG funds, and any CDBG funds previously disbursed. 3. Work completed. In the event of any termination, all finished or unfinished documents, data, studies, surveys, maps, models, drawings, photographs, reports, and/or other materials that are the property of and prepared by Subrecipient under this Agreement shall become the property of City, and Subrecipient shall provide same within seven (7) days of City's demand therefor. Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. K. Assignment. Subrecipient shall not assign or transfer any interest in this agreement without prior written consent of City; provided, however, that claims for money due or to become due to Subrecipient from City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any assignment or transfer shall be furnished promptly to City. L. Subcontractors. 1. City must approve. Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of City. All subcontracts entered into in the performance of this Agreement shall be awarded pursuant to any applicable provisions of the City Purchasing Policy and/or local, state, or federal laws. 2. Monitoring. Subrecipient shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by City, HUD or its agent, or other authorized SUBRECIPIENT AGREEMENT PY24 NEIGHBORWORKS BOISE HOMEOWNER REPAIRS PAGE 14 OF 28 Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 3. Subcontract content. Subrecipient shall cause all provisions of this Agreement in their entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. Specifically, without limitation, Subrecipient shall include the provisions of this Agreement regarding Civil Rights, Affirmative Action, and the CDBG General Supplemental Conditions (if applicable) in every subcontract or purchase order, specifically or by reference, to ensure that such provisions will be binding upon all subcontractors. 4. Documentation. Executed copies of all subcontracts shall be forwarded to City along with documentation concerning the selection process. M. Relocation, real property acquisition,and one-For-one housing replacement. Subrecipient agrees specifically, without limitation, to comply with: 1. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); 2. The requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under 24 CFR part 42, subpart B; and 3. The requirements in 24 CFR 570.606(d)governing optional relocation policies. Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. N. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. O. Severability. If any provision of this Agreement is held to be invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. P. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. Q. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any parry's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. R. Attachments, All attachments and/or exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. S. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and Subrecipient. SUBRECIPIENT AGREEMENT PY24 NEIGHBORWORKs BOISE HOMEOWNER REPAIRS PAGE 15 OF 28 IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: Neighborhood Housing Services, Inc. dba NeighborWorks Boise �0/" /Z Bud Compher, Jr., CEO pate CITY: City of Meridian Attest: By: Robert E. Simison, Mayor 11-6-2024 Chris Johnson, City Clerk 11-6-2024 SUBRECIPIENT AGREEMENT PY24 NEIGHBORWORKS Bo1SE HOMEOWNER REPAIRS PAGE 16 OF 28 Attachment 1: Indirect Cost Rate(s) As the duly authorized representative of the subrecipient, I certify that the subrecipient: Will not use an indirect cost rate to calculate and charge indirect costs under the grant. ❑ Will calculate and charge indirect costs under the grant by applying a de minimis rate as provided by 2 CFR 200.414(f), as may be amended from time to time. ❑ Will calculate and charge indirect costs under the grant using the indirect cost rate(s) listed below, and each rate listed is included in an indirect cost rate proposal developed in accordance with the applicable appendix to 2 CFR part 200 and, if required, was approved by the cognizant agency for indirect costs. Agency/department/major function Indirect cost rate Type of Direct Cost Base �o /o /o Instructions for the Subrecipient's Authorized Representative: • You must mark the one (and only one)checkbox above that best reflects how the indirect costs will be calculated and charged under the grant. • The table following the third box must be completed only if that box is checked. When listing a rate in the table, enter both the percentage amount(e.g., 10%) and the type of direct cost base to be used. For example, if the direct cost base used for calculating indirect costs is Modified Total Direct Costs, then enter"MTDC" in the"Type of Direct Cost Base" column. • If using the Simplified Allocation Method for indirect costs, enter the applicable indirect cost rate and type of direct cost base in the first row of the table. • If using the Multiple Allocation Base Method, enter each major function of the organization for which a rate was developed and will be used under the grant, the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied. • If the subrecipient is a government and more than one agency or department will carry out activities under the grant, enter each agency or department that will carry out activities under the grant, the indirect cost rate(s) for that agency or department, and the type of direct cost base to which each rate will be applied. • To learn more about the indirect cost requirements, see 2 CFR part 200, subpart E and Appendix VII to Part 200 (for state and local governments). Name Title for Signature Date SUBRECIPIENT AGREEMENT PY24 NEIGHBORWORKs BOISE HOMEOWNER REPAIRS PACE 17 OF 28 Attachment 2: Signing Authority Complete the form to designate signing authority. Subrecipient Name: G ��r G✓p ►-/4f /�o i s'G Proj ect Name: _ �o M c. RG,O*; Program Year: Start Date: CC.fi ko z End Date: „1cDf _79, Lo ZS- 4"P-C-A0{~ 0 A 5 Name Title l Authorized to sign for(check all that Identifying Signature apply): ❑ Contractual Name Title Authorized to sign for(check all that apply): Identifying Signature J�'Tinancial ❑ Contractual Anft, 19-1n� ��Wvb Na Title Authorized to sign for(check all that 1 iAFEc— apply): Ide tifying Signatur bFinancial ,Contractual Signing authority for the above individuals is authorized by: Name Title to -I - 27 Signature Date SUBRECIPIENT AGREEMENT—PY24 NEIGHBORWORKs BO1sE,HOME{OWNER REPAIRS PAGE 18 OF 28 Attachment 3: Federal Certifications The following are required as referenced below. Subrecipient Name: Neighborhood Housing Services Inc (DBA)NeighborWorks Boise Project Name: Homeowner Repair Program Program Year: 2025 Start Date: October 1, 2024 End Date: September 30, 2025 Subrecipient maintains a policy for and complies with the following: Yes No N/A Policy ® ❑ ❑ ADA.`Section 504 [29 U.S.C. § 701] ® ❑ ❑ Confidentiality [2 CFR § 200303(e)] ® ❑ ❑ Conflict of Interest [2 CFR § 200.318(c)(1); 24 CFR § 570.611] ® ❑ ❑ Drug Free Workplace [24 CFR part 24, subpart F] ® ❑ ❑ Equal Employment Opportunity [2 CFR Part 200; 41 CFR § 60-1.4(b)] ® ❑ ❑ Fair Housing [Fair Housing Act] (if applicable) ® ❑ ❑ Nondiscrimination [24 CFR § 570,607] ❑ ❑ ® Procurement [2 CFR § 200.318(a)] (if applicable) Is Subrecipient a nonprofit entity? ®Yes ❑No Per 2 CFR § 200.415 major nonprofit organizations[ are ineligible for this funding. If the agency is a nonprofit, please select one of the following: ® Organization is not a major nonprofit organization. ❑ Organization is a major nonprofit organization. By signing this form, I certify the above is true and correct to the best of my knowledge. Name Title v r 2 Signature pate A major nonprofit organization is defined in§200.414(a)as an organization receiving more than$10 million in direct federal funding. SUBREC[PIENT AGRLEMLN'C-PY24 NEIGHBORWORKs BoisE HOMEOWNER REPAIRS PAGE 19 OF 28 Attachment 4: Budget NeighborWorks Boise Rehab Costs AdminiDIS#177 Homeowner Repair Total PY24 Project 177 Award $ 137,600.00 $ 22,400.00 $ 160,000.00 Draw# Date Timeframe 1 $ _ 2 $ _ 3 $ _ 4 $ _ 5 $ _ 6 $ - 7 $ _ $ $ - 9 $ - 10 $ _ 11 $ _ 12 $ - Total Balance $ 137,600.00 $2-2,400.00 $160,00o.o0 SUBRECIPIENT AGREEMENT PY24 NEIGHBORWORKS BOISE HOMEOWNER REPAIRS PAGE 20 OF 28 Attachment 5: Risk of Noncompliance Risk Analysis Factor Risk Level Type of Contact Med Risk: 3 Points Low Risk-Public Improvements/Planning Med Risk=Housing/Public Services Contract Amount High Risk: 10 Points Low Risk=$0-$44,999 Med Risk=$45,000-$79,999 High Risk=$80,000+ Experience with Meridian CDBG Low Risk: 1 Point Low Risk=No Med Risk=Yes New Activity for Subrecipient 1 Low Risk: 1 Point Low Risk=No High Risk=Yes Number of Clients Served Low Risk: 1 Point Low Risk=50 or Less Med Risk=More than 50 Admin Expenses Low Risk: 1 Point Low Risk=2096 of budget or less High Risk-More than 20%of budget OR Staff Costs for Homeowner Repair more than SO% Key Organizational Change Low Risk: 1 Point Low Risk=None Med Risk=Other Key Staff High Risk=Executive Director/Financial Manager/Program Manager Systems Change Low Risk: 1 Point Low Risk=Minor/None Med Risk=Major Program Delays Low Risk: 1 Point Low Risk=CDBG Program began on schedule Med Risk=CDBG Program did not begin on schedule/New Program Progress Reports Low Risk: 1 Point Low Risk=History of reports submitted on time(more than 75%) Med Risk=History of reports submitted late(25%or mare fate)/New Program Met Goals in Previous Years Low Risk: 1 Point Low Risk=Yes/Met at least 75% Med Risk=No/New Program Financial Audit Low Risk: 1 Point Low Risk=Audit with no/minor findings High Risk=Audit with moderate to serious findings/No audit although required Last Monitoring Visit Low Risk: 1 Point Low Risk=Less than 2 years Med Risk=2+years High Risk=New Program/Not Renewed Corrective Action (Any Monitoring) Low Risk: 1 Point Low Risk=No Findings or Concerns Med Risk=New Program/Current Concerns(e.g.require action but no serious impact) High Risk=Current Major Findings(e.g.would affect services/clients/financial concern) Risk Score 25 Points SUBRECIPIENT AGREEMENT--PY24 NEIGHBORWORKs BOISE HOMEOWNER REPAIRS PAGE 21 OF 28 Risk Determination Level of Risk ® Low Risk(up to 25 points) Project will be monitored primarily via review of progress reports and reimbursement requests. Onsite monitoring will generally take place every three years, typically during the first six months of the program year, if there are multiple years of being a low risk subrecipient. Technical assistance will be provided upon request. ❑ Medium Risk(26 to 35 points) A desk monitor will be conducted annually. An on-site monitor will generally take place every two years, typically during the first six months of the program year. Based on the results of the monitoring visit, staff will determine the need for and frequency of additional technical assistance and/or on-site compliance reviews. ❑ High Risk(36+ points) Project will receive onsite monitoring after the first clients have been served. Subrecipient may also be required to submit additional documentation on a regular basis, as needed. Ongoing technical assistance will be required. Comments The Homeowner Repair Program staff at NeighborWorks Boise have been remarkable in their ability to handle adjustments from both customers and city staff. Their flexibility and responsiveness ensure that any changes or requests are seamlessly managed, all while maintaining a high level of professionalism. Whether addressing customer needs or meeting city requirements, they consistently demonstrate a proactive approach, going the extra mile to ensure that everyone's expectations are met. This adaptability and commitment to service excellence make them invaluable partners in the program. Approval This determination was made on behalf of Meridian's CDBG Program based on information from the application, past experience, and collaboration with stakeholders and other local governments. By signing below, staff certifies that the information provided is, to the best of our knowledge, accurate and complete. CDBG Staff Name: Title: Crystal Campbell Community Development Program Coordinator Signature: Crysta.L Ca*nf)be1V Electronically signed by ccompbell@meridiancity.org on 10/1612024 5:06 PM CDBG Staff Supervisor Name: Title: Curtis Calder Economic Development Administrator Signature: CLut'akCatder Electronically signed by ccalder@meridiancity.org on 1 0/1 712024 9:14 AM SI BRFLAPIENT AGREEMENT PY24 NLIGHBORWORKs BOISE HOMEOWNER REPAIRS PAGE 22 OF 28 Attachment 6: Environmental Review Environmental Review for Activity/Project that is Exempt or Categorically Excluded Not Subject to Section 58.5 Pursuant to 24 CFR 58.34(a)and 58.35(b) Project Information Project Name: NWB-Homeowner-Repair-PY22-26 HERDS Number: 900000010284393 Responsible Entity(RE): MERIDIAN, 33 E Idaho Ave Meridian ID,83642 State/Local Identifier: RE Preparer: Crystal Campbell Grant Recipient(if different than Responsible Entity): Point of Contact: Consultant(if applicable): Point of Contact: Project Location: 3380 W Americana Ter Ste 120, Boise, ID 83706 Additional Location Information: N/A Description of the Proposed Project[24 CFR 50.12&58.32;40 CFR 1508.25]: NeighborWorks Boise's(NWB) Homeowner Repair Program is designed to help low-to moderate-income (LMI)Meridian families,those with an income level at or below 80%of the Area Median Income(AMI), continue to live safely,comfortably, and economically in their existing homes by preserving existing housing stock and making necessary repairs to increase energy efficiency, longevity of the building, and accessibility. Examples of eligible projects with budgets between$2,000 and$25,000 include: 1) Energy efficiency (additional insulation, new windows,and doors); 2)Weatherization (insulation and weather-stripping); 3) Accessibility programs(install ramps and grab bars);4)Roof replacement or emergency repair for leaks; 5) HVAC; and 6)Water heater and plumbing(energy efficiency as a secondary).The City anticipates using $5,000 to$10,000 of CDBG funding for administration of this program per year during each of the remaining years in the PY22-26 Consolidated Plan.This review is only for the administrative fees NeighborWorks will incur during the PY22-26 Consolidated Plan. CDBG funds will also be used for repairs,but a separate review will be conducted for individual households.This project is anticipated to be funded for the duration of the PY22-PY26 Consolidated Plan, but is dependent on a competitive annual application and the congressional release of funding. SUBRECIPIENT AGREEMENT -PY24 NEIGHBORWORKS BOISE HOMEOWNER REPAIRS PAGE 23 OF 28 Level of Environmental Review Determination Activity/Project is Exempt per 24 CFR 58.34(a): 58.34(a)(3) Signature Page Homeowner Repair ER Sig.pdf Funding Information Grant/Project HUD Program Program Name Identification Number Community Planning and Community Development Block Grants 142 Development(CPD) (CDBG)(Entitlement) Estimated Total HUD Funded,Assisted $40,000.00 or Insured Amount: Estimated Total Project Cost[24 CFR 58.2(a) (5)]: $40,000.00 Compliance with 24 CFR§50.4&§58.6 Laws and Authorities Compliance Factors: Are formal Compliance determination Statutes, Executive Orders,and compliance steps (See Appendix A for source Regulations listed at 24 CFR§50.4& or mitigation determinations) §58.6 required? STATUTES,EXECUTIVE ORDERS,AND REGULATIONS LISTED AT 24 CFR§50.4&§58.6 Airport Runway Clear Zones and Based on the project description the Clear Zones project includes no activities that would 24 CFR part 51 require further evaluation under this section,The project is in compliance with Airport Runway Clear Zone ❑ Yes 0 No requirements. Coastal Barrier Resources Act Coastal Barrier Resources Act,as This project is located in a state that amended by the Coastal Barrier does not contain CBR5 units.Therefore, Improvement Act of 1990(16 USC this project is in compliance with the 35011 ❑ Yes Rl No Coastal Barrier Resources Act. Flood Insurance Based on the project description the Flood Disaster Protection Act of project includes no activities that would 1973 and National Flood Insurance require further evaluation under this ❑ Yes Rl No section.The project does not require SUBRECIPIENT AGREEMENT PY24 NEIGH BORWORKs BOISE HOMEOWNER REPAIRS PAGE 24 OF 28 Compliance Factors: Are formal Compliance determination Statutes, Executive Orders,and compliance steps [See Appendix A for source Regulations listed at 24 CFR§50.4& or mitigation determinations] §58.6 required? STATUTES, EXECUTIVE ORDERS,AND REGULATIONS LISTED AT 24 CFR§50.4&§58.6 Reform Act of 1994 142 USC 4001- flood insurance or is excepted from 4128 and 42 USC 5154a] flood insurance.While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program(NFIP).The project is in compliance with Flood Insurance requirements. Mitigation Measures and Conditions[CFR 40 1505.2(c)]:Summarized below are all mitigation measures adopted by the Responsible Entity to reduce,avoid or eliminate adverse environmental impacts and to avoid non-compliance or non-conformance with the above-listed authorities and factors.These measures/conditions must be incorporated into project contracts, development agreements and other relevant documents.The staff responsible for implementing and monitoring mitigation measures should be clearly identified in the mitigation plan. Law,Authority, Mitigation Measure or Condition Comments on Mitigation Complete or Factor Completed Plan Measures Project Mitigation Plan Supporting documentation on completed measures SLBRECIPIENT AGREEMENT PY24 NEIGHBORWORKS BOISE HOMEOWNER REPAIRS PAGE 25 OF 28 APPENDIX A: Related Federal Laws and Authorities Airport Runway Clear Zones General policy -- Legislation Regulation It is HUD's policy to apply standards to 24 CFR Part 51 Subpart D prevent incompatible development around civil airports and military airfields. 1. Does the project involve the sale or acquisition of developed property? ✓ No Based on the response,the review is in compliance with this section. Yes Compliance Determination Based on the project description the project includes no activities that would require further evaluation under this section.The project is in compliance with Airport Runway Clear Zone requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No SUBRECIPIENT AGREEMENT-PY24 NEIGHBORWORKS BOISE HOMEOWNER REPAIRS PAGE 26 OF 28 Coastal Barrier Resources General requirements Legislation Regulation HUD financial assistance may not be Coastal Barrier Resources Act used for most activities in units of the (CBRA) of 1982,as amended by Coastal Barrier Resources System the Coastal Barrier Improvement (CBRS).See 16 USC 3504 for limitations Act of 1990(16 USC 3S01) on federal expenditures affecting the CBRS. This project is located in a state that does not contain CBRA units.Therefore,this project is in compliance with the Coastal Barrier Resources Act. Screen Summary Compliance Determination This project is located in a state that does not contain CBRS units,Therefore,this project is in compliance with the Coastal Barrier Resources Act_ Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No SUB RECIPIENT AGREEMENT PY24 NEIGHBORWORKS BOIsE HOMEOWNER REPAIRS PAGE 27 OF 28 Flood Insurance General requirements Legislation Regulation Certain types of federal financial assistance may not be Flood Disaster 24 CFR 50.4(b)(1) used in floodplains unless the community participates Protection Act of 1973 and 24 CFR 58.6(a) in National Flood Insurance Program and flood as amended (42 USC and(b);24 CFR insurance is both obtained and maintained. 4001-4128) 55.1(b). 1. Does this project involve financial assistance for construction rehabilitation or acquisition of a mobile home,building,or insurable personal Property? ✓ No.This project does not require flood insurance or is excepted from flood insurance. Based on the response,the review is in compliance with this section. Yes 4. While flood insurance is not mandatory for this project,HUD strongly recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program(NFIP). Will flood insurance be required as a mitigation measure or condition? Yes ✓ No Screen Summa Compliance Determination Based on the project description the project includes no activities that would require further evaluation under this section.The project does not require flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP).The project is in compliance with Flood Insurance requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No SUBRECIPIENT AGREEMENT-PY24 NEIGHBORWORKS BOISE HomEOWNER REPAIRS PAGE 28 OF 28 Mayor Robert E.Simison City Council Members: C� f IDIAN Luke Cavener,President Liz Strader,Vice President I U A H O Brian Whitlock Doug Taylor John Overton Anne Little Roberts October 1S,2024 Buddy Compher,Jr., CEO Neighborhood Housing Services,Inc.dba NeighborWorks® Boise 3380 W.Americana Terrace Suite 120 Boise, ID 83706� SUBJECT: Program Year 2024 CDBG Subrecipient Agreement Dear Mr. Buddy Compher,Jr.: The City of Meridian would like to thank you for your continued partnership in meeting the goals identified in our 2022-2026 Consolidated Plan. The Community Development Block Grant(CDBG) Program is made available to the City of Meridian by the U.S. Department of Housing and Urban Development(HUD). Enclosed is the subrecipient agreement(SRA)for the following activity: PY24 NWB Homeowner Repair $160,000.00 Expires 9/30/2025 Total PY24 Award $160,000.00 To finalize this agreement, please complete the following steps: 1. Review the SRA to verify agreement terms. 2. Complete Attachments 1,2,and 3. 3. Execute one(1)copy of the SRA. Note:Do not enter the date on page 1 of the SRA, the City will complete this once the SRA has been signed by the Mayor. 4. Email a copy of the signed document to ccampbell@meridiancitv.ore by Monday, October 28, 2024 so it can be added to the Wednesday, November 6, 2024 Council agenda. Nate: if additional time is needed,please contact me to determine a timeline that ensures the agreement is executed prior to your first reimbursement request that is due on November 15,2024. Please note that the City has an executed funding agreement with HUD for this award, but the funds are not available until there has been a Congressional release of funds. You are able to submit your request for reimbursement in Neighborly, but no reimbursements will be issued until the City receives the funding from HUD. Below are resources that may be of assistance to you: • Meridian CDBG Program website: https://mE,ridiancity.org,/cdbbgL • Meridian Subrecipient Toolbox: https://meridiancity.or.g/toolbox • HUD Income Calculator_ • Pla in b the Rules:A Handbook for CDBG Subrecipients on Administrative!Systems Mayor's Office . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-489-0529 . www.meridiancity.org • Neighborly Software User Guide • Subreciaient File Checklist Additionally,the City will need the following documents from you prior to reimbursing your first request: • Most Recent Audit or Financial Review(audit if federal expenditures exceed$1,000,000 or CPA Attestation/Review if federal expenditures are less than $1,000,000) • Hourly Billing Rate Worksheet(for staff that will be billed to grant) • Client Intake Form • Documentation of Negotiated Indirect Cost Rate (if applicable) The following will be requested as needed, but at a minimum at the titne of an onsite monitor: • Staff Resumes • Articles of Incorporation/Bylaws • Form 990 or Form 990EZ • Board of Directors Roster with Contact Information • Organization Chart • Organizational Mission Statement and/or Strategic Plan • Certificates of Insurance (General Liability and Workers'Compensation) • Policies that include: o Conflict of Interest Policy-2 CFR 200.318(c)(1), 24 CFR 570.611 o Non-Discrimination Policy o Grievance/Termination Policy for Employees and Clients o Procurement Policy- 2 CFR 200.318(a) o Record Retention Policy o Confidentiality Policy—Protected Personal Information -2 CFR 200.393(e) • Chart of Accounts The City of Meridian congratulates Neighborhood Housing Services, Inc.dba NeighborWorks®Boise on its grant award and we look forward to assisting you in accomplishing your programs goals. If you have any questions or need further information or assistance, please contact Crystal Campbell at ccamobell@meridiancity.org. Sincerely, C&f V(p< Crystal Campbell Community Development Program Coordinator (208)489-0575 ccamp bell@ meridiancity.org cc: Mitchell Lee, Marc Brown, Michael Shepard Mayor's Office . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-489-0529 . www.meridiancity.org W IDIAN� AGENDA ITEM ITEM TOPIC: Subrecipient Agreement Between City of Meridian and The Jesse Tree of Idaho in the amount of$43,698 for Program Year 2024 Community Development Block Grant Funds for Emergency Rental Assistance SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND THE JESSE TREE OF IDAHO,INC. FOR PROGRAM YEAR 2024 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Subrecipient Agreement("Agreement") is entered into this 6th day of November, 2024 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and The Jesse Tree of Idaho, Inc., a nonprofit charitable corporation organized under the laws of the state of Idaho ("Subrecipient"). WHEREAS, City is an entitlement community, and as such has applied for, and been granted authority to receive funds from the United States Department of Housing and Urban Development ("HUD")under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, i.e., Community Development Block Grant("CDBG") funds; and WHEREAS,pursuant to the terms of this Agreement, the City hereby provides a subaward of the following grant(s) to Subrecipient: grant no. B-24-MC-16-0006, awarded by HUD on August 30, 2024; WHEREAS,the City wishes to engage Subrecipient by way of this Agreement to assist the City in utilizing such funds and the CDBG program in a manner compliant with the requirements of 24 CFR Part 570 and 2 CFR Part 200, and all other federal, state, and local laws, statutes, regulations and/or requirements; and WHEREAS, it is acknowledged by the Parties that although Congress has signed an appropriation bill committing the funds set forth in this Agreement, and HUD has notified City of its apportionment and approved the City's Action Plan, availability of CDBG funds to City, and thus to Subrecipient, is subject to Congressional release of such funds to HUD and HUD's release of such funds to City; and that City's obligation to provide funding to Subrecipient under this Agreement is provisional, pending the availability of such funds; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. STATEMENT OF WORK A. Activities. Subrecipient shall use City's subaward of CDBG funds in an amount not to exceed Forty-Three Thousand Six Hundred Ninety-Eight dollars ($43,698). Subrecipient will be responsible for administering emergency rental assistance, in a manner satisfactory to the City and consistent with any standards required as a condition of providing the funds. This project is eligible under(05Q) Subsistence Payments. CDBG Funds will be used to reimburse for up to three (3) months of rental payments, including current and past due rent, for households at risk of homeless. The primary administrative office is located at 1121 W. Miller St., Boise, ID. B. National Objective. Subrecipient certifies that the activities carried out using the City's CDBG funds provided by City under this Agreement will meet one or more of the CDBG program's National Objectives as defined in 24 CFR 570.207(b)(4). C. Level of Service. Subrecipient's activities under this Agreement shall provide at least 20 total Units of Service over the term of this Agreement. For the purposes of this Agreement, "Units of SUBRECIPIENT AGREEMENT-JESSE TREE EMERGENCY RENTAL ASSISTANCE PAGE 1 OF 28 Service" shall be defined as "Low-to Moderate-Income Households." Subrecipient shall verify that the household income of clientele served by City's CDBG funds, as defined in 24 CFR § 5.609, does not exceed the maximum limits as determined by the U.S. Department of Housing and Urban Development. The current income guidelines are located in the Subrecipient Toolbox at hops://meridiancity.org/toolbox. D. Staffing. Subrecipient agrees that CDBG funds provided under this Agreement will not be utilized for staffing. E. Special Conditions. 1. Subrecipient understands and agrees that the allocation of CDBG funds may be used to provide services and programs only to City of Meridian residents. If applicable, Subrecipient shall verify that any and all persons who receive funds granted to Subrecipient pursuant to this Agreement("Client") a)reside within the city limits of Meridian, Idaho and b) meet the current CDBG income eligibility guidelines. Subrecipient must deem any Client who does not meet the above requirements to be ineligible to receive CDBG funds and shall suspend use of federal funds for the Client. 2. Subrecipient certifies that Subrecipient is in compliance with all applicable Fair Housing Laws, Section 504 of the Rehabilitation Act, and Americans with Disabilities Act requirements. 3. City reserves the right to make unannounced visits to Subrecipient's location in order to verify compliance with all program requirements. 4. If applicable, Subrecipient may utilize HUD's Income Calculator at https://www.hudexchange.info/incomecalculator/to determine annual household income of any or all Clients based on CDBG criteria. F. Time of performance. Services of Subrecipient shall start on or after October 1, 2024 and end on September 30, 2025. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. II. SUBRECIPIENT'S ADMINISTRATIVE REQUIREMENTS A. General Compliance. Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) including subpart K of these regulations, except that(1) Subrecipient does not assume the City's environmental responsibilities described in 24 CFR 570.604 and(2) Subrecipient does not assume the City's responsibility for initiating the review process under the provisions of 24 CFR Part 52, and all other applicable federal, state and local laws, regulations, and policies governing the fiends provided under this Agreement. A copy of the Environmental Review Record is included as Attachment 6. B. Uniform administrative requirements. Subrecipient shall comply with applicable uniform administrative requirements, as described in 24 CFR § 570.502. SUBRECIPIENT AGREEMENT-JESSE TREE EMERGENCY RENTAL ASSISTANCE PAGE 2 OF 28 C. Performance monitoring. City will monitor the performance of Subrecipient against goals and performance measures as set forth herein. Performance monitoring shall include City's review of Subrecipient's submitted documents for accuracy and completion, as well as a risk analysis that will determine if the City will conduct a desk review and/or an on-site visit from City's Community Development Program Coordinator to review the completeness and accuracy of records maintained. A copy of the risk analysis is included as Attachment 5. City may share Subrecipient performance and monitoring results with other local CDBG grantees and/or agencies who are providing funding to Subrecipient. Substandard performance as determined by City shall constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within fourteen days (14) after being notified by City, City shall initiate termination procedures. Noncompliance may result in a formal letter notifying Subrecipient that Subrecipient is not eligible to request funding for the following grant cycle. D. Budget. Subrecipient shall adhere to the budget included as Attachment 4. Subrecipient shall obtain written approval from City prior to any change in use of funds. E. Reports. Subrecipient shall submit progress reports monthly, due 15 days after the last day of the reporting period. Subrecipient must timely submit progress reports even if no activities are conducted within the reporting period. A Final Report shall be submitted with the final reimbursement request, due 15 days after the end date of the award. If reports are delinquent or inaccurate, reimbursement requests will not be processed until the report is submitted or corrected. All reports must be submitted via the City's online portal. Instructions on submitting reports are located in the Subrecipient Toolbox at littl)s://meridiancity.or,p-/toolbox. F. Supplementation of other funds. Subrecipient agrees to utilize funds available under this Agreement to supplement, rather than supplant, funds otherwise available. G. Client Data. If applicable, subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: client name, address, income level or other basis for determining eligibility, race, ethnicity, and description of service provided. Such information shall be made available for review upon City's request. Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of City or Subrecipient's responsibilities under this Agreement, is prohibited by the Financial Privacy Act unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. H. Closeout. Subrecipient's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but shall not be limited to: making final payments, submitting final report(s), disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to City), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that Subrecipient has control over CDBG funds, including program income. SUBRECIPIENT AGREEMENT-JESSE TREE EMERGENCY RENTAL ASSISTANCE PAGE 3 OF 28 I. Audits and inspections. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to City, HUD or its agent, or other authorized federal officials, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data for purposes of investigation to ascertain compliance with the rules,regulations and provisions stated herein. Any deficiencies noted in audit reports must be fully repaired by Subrecipient within thirty (30) days after receipt of such report by Subrecipient. Failure of Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Subrecipient shall comply with 2 CFR § 200.501, which requires that all non- Federal entities that expend$1 million or more in Federal awards, in one year, have a single or program-specific audit. If the threshold is not met for a single or program audit, Subrecipient will provide a certified financial statement. J. Transparency, Suspension, and Debarment. Subrecipient shall comply with requirements established by the U.S. General Services Administration concerning the Unique Entity Identifier, the System for Award Management ("SAM") and, per 2 CFR § 170.320, the Federal Funding Accountability and Transparency Act, including Appendix A to 2 CFR part 25. Additionally, pursuant to 2 CFR Part 180 and 2 CFR Part 200, Appendix II, section(H), Subrecipient is prohibited from contracting with any party that is not registered in SAM with an active account, i.e. listed on the governmentwide exclusions in the SAM. K. Payment Procedures. 1. Indirect Costs. The City will only reimburse Subrecipient for indirect costs that comply with 2 CFR 200, subpart E and have been previously approved, in writing, by the Community Development Program Coordinator per Attachment 1: Indirect Cost(s). Subrecipient must immediately notify the City upon any change in the Subrecipient's indirect cost rate, so the City can amend the Agreement to reflect the change if necessary. 2. Payment Procedures. City will pay to Subrecipient funds available under this Agreement based upon information submitted by Subrecipient and consistent with any approved budget and City policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by City in accordance with advance fund and program income balances available in Subrecipient's accounts. In addition, City reserves the right to liquidate funds available under this Agreement for costs incurred by City on behalf of Subrecipient. 3. Reimbursement requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed Forty-Three Thousand Six Hundred Ninety-Eight Dollars ($43,698). City will not accept or process reimbursement requests prior to City's reception of Congressional Release of Funds; the Community Development Program Coordinator shall notify Subrecipient of such release and the opportunity to submit reimbursement requests. Reimbursement requests for the payment of eligible expenses shall be made against the activity specified, in accordance with performance, and as expenses are incurred by Subrecipient. Reimbursement requests shall only be accepted via the City's online portal and must be completed in full to be processed. Instructions to submit SUBRECIPIENT AGREEMENT-JESSE TREE EMERGENCY RENTAL ASSISTANCE PAGE 4 OF 28 reimbursement requests are located in the Subrecipient Toolbox at littL)s://ineridiancity.org/toolbox. All reimbursement requests are to be submitted as needed in coordination with the Community Development Program Coordinator. Reimbursement requests shall include the following: transaction detail completed for the relevant draw request period, timesheets in compliance with 2 CFR 200.430 (if applicable), and proof of payment by Subrecipient (such as copy of receipt of payment and/or other relevant documentation of payment), and any additional information requested by City staff. Reimbursement requests must be submitted within fifteen(15) calendar days from the close of each month of the program year except for the final reimbursement request. City will process reimbursement requests once per month after the due date. Subrecipient's final reimbursement request under this Agreement must be submitted by Subrecipient no later than October 30, 2025. Subrecipient shall forfeit reimbursement for any costs not requested within the timeframes set forth in this provision, unless otherwise authorized, in writing,by City. L. Documentation required prior to real estate transactions. Where City's CDBG funds are used for real estate acquisition, as early as practicable, and not less than two (2)weeks prior to the completion of each transaction, Subrecipient shall provide the address of real property under consideration to City for floodplain and related environmental review. Failure to provide the address of the housing unit under consideration in advance of the anticipated close date may result in added expenses for the beneficiary or Subrecipient, or refusal of reimbursement by City. Subrecipient shall maintain real property inventory records that clearly identify properties purchased, improved, rented, or sold. M. Housing Affordability. Where the City's CDBG funds are used for homeownership assistance, the housing must qualify as affordable per Section 215 of the National Affordable Housing Act. N. National Objectives met for five (5)years.Pursuant to 24 CFR § 570.503(b)(7)(i), real property that is acquired or improved, in whole or in part, with funds under this Agreement in excess of$25,000 shall be used to meet one of the CDBG National Objectives until five (5) years after expiration of this Agreement. If the use of the CDBG-assisted real property fails to meet a CDBG National Objective for this prescribed period of time, Subrecipient shall pay City an amount equal to the current market value of the property, less any portion of the value attributed to expenditures of non-CDBG funds for acquisition of or improvement to the property. Such payment shall constitute program income to City. Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period. O. Compliance with procurement policies. Subrecipient shall comply with current Federal, State, and City policies concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided hereunder. P. Sale of equipment. In all cases in which equipment acquired in whole or in part with funds under this Agreement is sold, the proceeds shall be program income, prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment. Equipment purchased with funds received under this Agreement but not needed by Subrecipient for activities under this Agreement shall be (a) transferred to City for the CDBG program or(b)retained after compensating City an amount equal to the current fair market SUBRECIPIENT AGREEMENT-JESSE TREE EMERGENCY RENTAL ASSISTANCE PAGE 5 OF 28 value of the equipment less the percentage of non-CDBG funds used to acquire the equipment. Q. Program income. 1. Remittance at end of program year. Pursuant to 24 CFR § 570.503(b)(3) and Pursuant to 24 CFR § 570.504(c), at the end of the program year,the City may require remittance of all or part of any program income balances, including investments thereof,held by Subrecipient, except those needed for immediate cash needs, cash balances of a revolving loan fund, cash balances from a lump sum drawdown, or cash or investments held for section 108 security needs. 2. Recording program income. Pursuant to 24 CFR § 570.504(a), the receipt and expenditure of program income shall be recorded as part of the financial transactions of the grant program. 3. Disposition if received before closeout. Pursuant to 24 CFR § 570.504(b)(1),program income received before grant closeout may be retained by the recipient if the income is treated as additional CDBG funds subject to all applicable requirements governing the use of CDBG funds, and will be subject to all provisions of Pursuant to 24 CFR §§ 570.504(b) and(c), both prior to and upon closeout. R. Records and reports. 1. Records to be maintained. In addition to specific records mentioned in this Agreement, Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including, but not limited to,those required by the Federal regulations specified in 2 CFR § 200.302(b) and 24 CFR § 570.506, including: a. Full descriptions and records of each activity undertaken; b. Records related to activities meeting the National Objectives; c. Records required to determine the eligibility of activities for CDBG funding; d. Records required to document the acquisition, improvement,use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG Program; f. Financial records, as required by 570.506(h); g. Other records necessary to document compliance with 24 CFR Part 570, Subpart K; h. Identification of CDBG funds received and expended and the Federal programs under which they were received, including Federal award identification number and year and name of the pass-through entity (City of Meridian); i. Records that identify adequately the application of CDBG funds, including information pertaining to Federal awards, authorizations, financial obligations, unobligated balances, assets, expenditures, income and interest; such records shall be supported by source documentation; j. Comparison of expenditures with budget amounts for each Federal award. k. Written procedures to implement the requirements of 2 CFR 200.305; and 1. Written procedures for determining the allowability of costs in accordance with subpart E of this part and the terms and conditions of the Federal award. SUBRECIPIENT AGREEMENT-JESSE TREE EMERGENCY RENTAL ASSISTANCE PAGE 6 OF 28 2. Records retention. Subrecipient shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement, defined as the date of the submission of City's final annual performance and evaluation report to HUD. Records for non-expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. If, prior to the expiration of the five-year period, any litigation, claims, audits, negotiations or other actions begin that involve any of the records cited, such records shall be retained until completion of the actions and resolutions of all issues, or the expiration of the five-year period, whichever occurs later. III. EMPLOYMENT AND LABOR CONDITION REQUIREMENTS A. Equal Employment Opportunity. Per 2 CFR Part 200,Appendix II, section (C) and 41 CFR § 60-1.4(b),the equal opportunity clause set forth in 41 CFR § 60-1.4(b) is incorporated herein by reference, and shall apply as though set forth fully herein. B. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1974,the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, Executive Order 11246 as amended by Executive Orders 11375 and 12086, and 24 CFR §§ 570.601 and 570.602. Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. C. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR § 570.607. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act of 1974 (24 CFR § 6) are also applicable. Subrecipient will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. Subrecipient will take affirmative action to ensure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion,transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. D. ADA Section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 701 et seq.), which prohibits discrimination against the handicapped in any federally assisted activities. City shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. E. Small, Women- and Minority-Owned Businesses. Per 2 CFR § 200.321, Subrecipient must take all necessary affirmative steps to assure that small businesses, minority businesses, women's business enterprises, and labor surplus area firms are used when possible F. Affirmative Action. Subrecipient agrees that it shall be committed to carry out pursuant to City's specifications an Affirmative Action Program in keeping with the principles as provided SUBRECIPIENT AGREEMENT—7ESSE TREE EMERGENCY RENTAL ASSISTANCE PAGE 7 OF 28 in President's Executive Order 11246 of September 24, 1966. Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds if applicable. G. Notice to workers. Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. H. Solicitations for employment. Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. I. Drug Free Workplace. Subrecipient certifies it is in compliance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701)which requires grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant, to certify that they will provide drugfree workplaces. Each potential recipient must certify that it will comply with drugfree workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart F. J. Faith-based organizations. Pursuant to 24 CFR § 570.2000), if Subrecipient is a faith-based organization, Subrecipient agrees to expend funds provided under this Agreement in accordance with 24 CFR § 5.109. K. Labor standards. Per 2 CFR Part 200, Appendix II, section(D), Subrecipient agrees to comply with all applicable requirements of the Secretary of Labor in accordance with the Davis-Bacon Act(40 U.S.C. §§ 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5) as amended. In accordance with the statute, Subrecipient or Subrecipient's subcontractor must pay wages to laborers and mechanics at a rate not less than the prevailing wages as specified in a wage determination made by the Secretary of Labor. In addition, Subrecipient or Subrecipient's subcontractor must be required to pay wages not less than once a week. Subrecipient must include a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. Further, the provisions of Agreement Work Hours and Safety Standards Act; the Copeland "Anti-Kickback"Act(40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3), under which Subrecipient or Subrecipient's subcontractor is prohibited from inducing,by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. Subrecipient further acknowledges and agrees that all contractors engaged under contracts in excess of$2,000.00 for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with Federal requirements pertaining to such Agreements and with the applicable requirements of the regulations of the Department of Labor,under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Subrecipient or its subcontractors of its obligation, if any, to require payment of the higher wage. Per 2 CFR Part 200, Appendix II, section(E), the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701-3708) applies to contracts SUBRECIPIENT AGREEMENT-JESSE TREE EMERGENCY RENTAL ASSISTANCE PAGE 8 OF 28 in excess of$100,000. L. Conflicts of interest; nepotism. Subrecipient agrees to abide by the provisions of 24 CFR § 570.611. Further,no person who exercises or has exercised any function or responsibility with respect to CDBG-assisted activities, or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in activities funded under this Agreement, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. M. Rights to Inventions. Per 2 CFR Part 200, Appendix II, section (F), if Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work , Subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. N. Lobbying; political activities. Subrecipient hereby certifies that: No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal agreement, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal agreement, grant, loan, or cooperative agreement; If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions; Subrecipient will require that the following language be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly: "This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not let less than$10,000 and not more than$100,000 for each such failure." The foregoing certification is a material representation of fact upon which reliance is placed by City. Per 31 U.S.C. § 1352 and 2 CFR Part 200, Appendix II, section(I), submission of this certification may be a prerequisite for making or entering into this transaction. Subrecipient further agrees that no funds provided, nor personnel employed under this Agreement, shall be SUBRECIPIENT AGREEMENT-JESSE TREE EMERGENCY RENTAL ASSISTANCE PAGE 9 OF 28 in any way or to any extent engage in the conduct of political activities in violation of the Hatch Act(Title V, Chapter 15, U.S.C.). O. Section 3 of the Housing and Urban Development Act of 1968.Compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended(12 U.S.C. § 1701) ("Section 3"),the regulations set forth in 24 CFR Part 75, Subpart C, and all applicable rules and orders issued thereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and shall be binding upon City and any contractors and/or subcontractors. Section 3 will apply to a project if there is over$200,000 of HUD housing and community development financial assistance to the project(or$100,000 of Lead Hazard or Healthy Homes funding). Failure to fulfill these requirements shall subject City, Subrecipient and any of Subrecipient's contractors and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. P. Build America,Buy America Act. Subrecipient must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, if applicable to the Subrecipient's infrastructure project. Pursuant to HUD's Notice, "Public Interest Phased Implementation Waiver for FY 2022 and 2023 of Build America, Buy America Provisions as Applied to Recipients of HUD Federal Financial Assistance" (88 FR 17001), any funds obligated by HUD on or after the applicable listed effective dates, are subject to BABA requirements,unless excepted by a waiver. Q. Violence Against Women Act. Subrecipient will comply with the right to report crime and emergencies protections at 34 U.S.C. 12495 of the Violence Against Women Act(VAWA). R. Waste, Fraud,Abuse, and Whistleblower Protections.Any person who becomes aware of the existence or apparent existence of fraud, waste or abuse of any HUD award must report such incidents to both the HUD official responsible for the award and to HUD's Office of Inspector General (OIG). HUD OIG is available to receive allegations of fraud, waste, and abuse related to HUD programs via its hotline number(1-800-347-3735) and its online hotline form. You must comply with 41 U.S.C. § 4712, which includes informing your employees in writing of their rights and remedies, in the predominant native language of the workforce. Under 41 U.S.C. § 4712, employees of a government contractor, subcontractor, grantee, and subgrantee—as well as a personal services contractor—who make a protected disclosure about a Federal grant or contract cannot be discharged, demoted, or otherwise discriminated against as long as they reasonably believe the information they disclose is evidence of. 1. Gross mismanagement of a Federal contract or grant; 2. Waste of Federal funds; 3. Abuse of authority relating to a Federal contract or grant; 4. Substantial and specific danger to public health and safety; or 5. Violations of law, rule, or regulation related to a Federal contract or grant. IV. ENVIRONMENTAL CONDITIONS No funds will be released until City conducts an environmental assessment and makes a determination of"No Significant Impact" in compliance with 24 CFR Part 58 and other federal, state, and local laws and regulations. If applicable, the City will issue a Notice to Proceed once the environmental review is completed and is accepted by the City and/or HUD. SUBRECIPIENT AGREEMENT-JESSE TREE EMERGENCY RENTAL ASSISTANCE PAGE 10 OF 28 A. Air and Water. Subrecipient specifically agrees to comply with the following regulations insofar as they apply to the performance of this Agreement: 1. Clean Air Act, 42 U.S.C. §§ 7401, et seq. and 2 CFR Part 200,Appendix II, section(G). 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq., relating to inspection, monitoring, entry reports, and information, as well as other requirements specified in said Act, and all regulations and guidelines issued thereunder. 3. Environmental Protection Agency (EPA)regulations pursuant to 40 C.F.R. Part 50. B. Flood Disaster Protection.In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001), Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained, and shall assure compliance with Title 10, Chapter 6, Meridian City Code, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead-Based Paint. Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations, 24 CFR Part 35, implementing Title X of the Housing and Community Development Act of 1992. These regulations revise the CDBG lead based paint requirements under 24 CFR § 570.608. Such regulations pertain to all CDBG-assisted housing and require that all owners,prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood level screening for children under seven. The notice must also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property,paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470) and the procedures set forth in 36 CFR Part 800, Advisor Council on Historic Preservation Procedures for Protection of Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years or older or that are included on a Federal, state or local historic property list. E. Endangered Species. Subrecipient agrees to comply with the provisions outlined in the Endangered Species Act of 1973, as amended, for the preservation and protection of endangered species. This obligation mandates that the Subrecipient takes all necessary measures to prevent any actions that could jeopardize the continued survival of species listed under the Act and to refrain from causing harm or alteration to their critical habitats. Additionally, the Subrecipient is obliged to adhere to proper waste management practices, ensuring that waste materials are either recycled or disposed of in an environmentally responsible manner, using EPA-approved sanitary or hazardous waste disposal facilities. SUBRECIPIENT AGREEMENT—JESSE TREE EMERGENCY RENTAL ASSISTANCE PAGE I I OF 28 F. Noise Abatement and Control. Subrecipient agree to comply with the guidelines outlined in the Noise Control Act of 1972, as well as the relevant directives provided by the General Services Administration Federal Management Circular 75-2, titled "Compatible Land Uses at Federal Airfields," and Title 24 CFR 51 Subpart B to mitigate excessive noise exposure, particularly in residential areas. For the rehabilitation of existing residential properties, the Subrecipient will enhance the building envelope for any components they address. Strategies may include the installation of improved windows and doors, reinforced sheathing, insulation, and sealing gaps, among other measures. V. GENERAL CONDITIONS A. Appropriation. It is acknowledged by the Parties that although Congress has signed an appropriation bill committing the funds set forth in this Agreement, and HUD has notified City of its apportionment and approved the City's Action Plan, availability of CDBG funds to City, and thus to Subrecipient, is subject to Congressional release of such funds to HUD and HUD's release of such funds to City. Unless and until HUD releases the funds, City shall have no contractual, legal, or equitable obligation to Subrecipient. In the event that CDBG funds are not made available to City, whether by Congress or by HUD, this Agreement shall be void, and City shall have no obligation to Subrecipient, whether under this Agreement or under any legal or equitable claim. B. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when emailed, personally served, or mailed in the United States mail, addressed as follows: If to City: If to Subrecipient: City of Meridian The Jesse Tree of Idaho, Inc. Attn: Crystal Campbell, Community ATTN: Ali Rabe, Executive Director Development Program Coordinator 1121 W Miller St. 33 E. Broadway Avenue Boise, ID 83702 Meridian, Idaho 83642 ali@jessetreeidaho.org ccampbell@meridiancity.org Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. C. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning CDBG funds, including,but not limited to, 24 CFR Part 570 and subpart K of such regulations. Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this Agreement, except that: (1) Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR § 570.604; and(2) Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 58. D. Independent Contractor.Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Subrecipient shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement. City shall provide no benefits or insurance coverage whatsoever to Subrecipient and/or to its agents. SUBRECIPIENT AGREEMENT-JESSE TREE EMERGENCY RENTAL ASSISTANCE PAGE 12 OF 28 E. Indemnity. Subrecipient, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in Subrecipient's programming, shall hold harmless, defend and indemnify City from and for all such losses, claims, actions, and/or judgments for damages or injury to persons or property and/or losses and expenses caused or incurred by Subrecipient and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and participants in its programming, and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by Subrecipient and/or Subrecipient's employees, agents, contractors, subcontractors, officials, officers, servants, guests, invitees, participants, and/or volunteers and resulting in and/or attributable to personal injury, death, and/or damage and/or destruction to tangible or intangible property. F. Workers' Compensation. Subrecipient shall maintain workers' compensation insurance coverage, in the amount required by Idaho law, for all employees involved in the performance of this Agreement. G. Insurance. Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage. At a minimum, Subrecipient must provide the equivalent insurance coverage for real property and equipment acquired or improved with CDBG funds as provided to property owned by the non-Federal entity. For construction or facility improvement contracts or subcontracts exceeding the simplified acquisition threshold as defined in 41 U.S.C. 134 and Appendix II, section(A), Subrecipient must comply with bonding requirements set forth in 2 CFR § 200.325. H. Grantee Recognition. Subrecipient shall ensure recognition of the role of the City in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. I. Amendments. The parties hereto may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each party, and approved by City's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release either party from its obligations under this Agreement. City may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines,policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both parties. J. Termination (see 2 CFR Part 200,Appendix II, section (B)). l. Termination for convenience. Either party may terminate this Agreement by, at least thirty (30) days before the effective date of such termination, giving written notice to the other party of such termination and specifying the effective date thereof. 2. Termination for cause. Termination of this Agreement, in whole or in part, may occur for cause, which shall include,but shall not be limited to, the following: a. Failure to comply with any of the rules, regulations or provisions referred to herein, or SUBRECIPIENT AGREEMENT-JESSE TREE EMERGENCY RENTAL ASSISTANCE PAGE 13 OF 28 such statutes, regulations, executive orders, and HUD guidelines,policies or directives as may become applicable at any time; b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; c. Ineffective or improper use of funds provided under this Agreement; or d. Submission of reports that are incorrect or incomplete in any material respect. Either Party may terminate this Agreement for cause by providing written notice to the other of the basis of termination. The defaulting Party shall have fourteen(14) days to cure the deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time period, the other Party shall terminate this Agreement for cause. In addition to termination of this Agreement and/or any other remedies as provided by law, City may declare Subrecipient ineligible for any further participation in City CDBG programming. Pursuant to 24 CFR § 570.503(b)(7), upon expiration or termination of this Agreement, Subrecipient shall transfer to City any and all CDBG funds on hand at the time of expiration, any and all accounts receivable attributable to the use of CDBG funds, and any CDBG funds previously disbursed. 3. Work completed. In the event of any termination, all finished or unfinished documents, data, studies, surveys, maps, models, drawings,photographs,reports, and/or other materials that are the property of and prepared by Subrecipient under this Agreement shall become the property of City, and Subrecipient shall provide same within seven(7) days of City's demand therefor. Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. K. Assignment. Subrecipient shall not assign or transfer any interest in this agreement without prior written consent of City; provided,however, that claims for money due or to become due to Subrecipient from City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any assignment or transfer shall be furnished promptly to City. L. Subcontractors. 1. City must approve. Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of City. All subcontracts entered into in the performance of this Agreement shall be awarded pursuant to any applicable provisions of the City Purchasing Policy and/or local, state, or federal laws. 2. Monitoring. Subrecipient shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by City, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. SUBRECIPIENT AGREEMENT-JESSE TREE EMERGENCY RENTAL ASSISTANCE PAGE 14 OF 28 3. Subcontract content. Subrecipient shall cause all provisions of this Agreement in their entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. Specifically, without limitation, Subrecipient shall include the provisions of this Agreement regarding Civil Rights, Affirmative Action, and the CDBG General Supplemental Conditions (if applicable) in every subcontract or purchase order, specifically or by reference, to ensure that such provisions will be binding upon all subcontractors. 4. Documentation. Executed copies of all subcontracts shall be forwarded to City along with documentation concerning the selection process. M. Relocation, real property acquisition, and one-for-one housing replacement. Subrecipient agrees specifically,without limitation, to comply with: 1. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); 2. The requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under 24 CFR part 42, subpart B; and 3. The requirements in 24 CFR 570.606(d) governing optional relocation policies. Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. N. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. O. Severability. If any provision of this Agreement is held to be invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. P. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. Q. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. R. Attachments. All attachments and/or exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. S. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and Subrecipient. SUBRECIPIENT AGREEMENT-JESSE TREE EMERGENCY RENTAL ASSISTANCE PAGE 15 OF 28 IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: The Jesse Tree of Idaho, Inc. Ali Rabe,Executive Director Date CITY: City of Meridian Attest: By: Robert E. Simison,Mayor 11-6-2024 Chris Johnson, City Clerk 11-6-2024 SUBRECIPIENT AGREEMENT-JESSE TREE EMERGENCY RENTAL ASSISTANCE PAGE 16 OF 28 Attachment 1: Indirect Cost Rate(s) As the duly authorized representative of the subrecipient, I certify that the subrecipient: 'IX Will not use an indirect cost rate to calculate and charge indirect costs under the grant. ❑ Will calculate and charge indirect costs under the grant by applying a de minimis rate as provided by 2 CFR 200.414(f), as may be amended from time to time. ❑ Will calculate and charge indirect costs under the grant using the indirect cost rate(s) listed below, and each rate listed is included in an indirect cost rate proposal developed in accordance with the applicable appendix to 2 CFR part 200 and, if required,was approved by the cognizant agency for indirect costs. Agency/department/major function Indirect cost rate Type of Direct Cost Base Instructions for the Subrecipient's Authorized Representative: • You must mark the one(and only one) checkbox above that best reflects how the indirect costs will be calculated and charged under the grant. • The table following the third box must be completed only if that box is checked. When listing a rate in the table, enter both the percentage amount(e.g., 10%) and the type of direct cost base to be used. For example, if the direct cost base used for calculating indirect costs is Modified Total Direct Costs, then enter"MTDC"in the"Type of Direct Cost Base"column. • If using the Simplified Allocation Method for indirect costs, enter the applicable indirect cost rate and type of direct cost base in the first row of the table. • If using the Multiple Allocation Base Method, enter each major function of the organization for which a rate was developed and will be used under the grant,the indirect cost rate applicable to that major function, and the type of direct cost base to which the rate will be applied. • If the subrecipient is a government and more than one agency or department will carry out activities under the grant, enter each agency or department that will carry out activities under the grant, the indirect cost rate(s) for that agency or department, and the type of direct cost base to which each rate will be applied. • To learn more about the indirect cost requirements, see 2 CFR part 200, subpart E and Appendix VII to Part 200 (for state and local governments). C-x e t\o\J Q -k-); M C, Name Title Signature Date SuBRECIPIENT AGREEMENT-JESSE TREE EMERGENCY RENTAL ASSISTANCE PAGE 17 OF 28 Attachment 2: Signing Authority Complete the form to designate signing authority. Subrecipient Name: Project Name: : Program Year: ` -1`l`tiS Start Date: 1 i 2`I End Date: OF 1,-W Name Title kl-- � Authorized to sign for(check all that pply) Identifying Signature Financial Contractual r Name Title Authorized to sign for(check all that apply): Identifying Signature .Financial Contractual Name Title Authorized to sign for(check all that apply): Identifying Signature ❑ Financial ❑ Contractual Signing authority for the above individuals is authorized by: Name Title Signature Date SUBREUPIENT AGREEMENT-JESSE TREE EMERGENCY RENTAL ASSISTANCE PAGE 18 OF 28 Attachment 3: Federal Certifications The following are required as referenced below. Subrecipient Name: -TIC e-ei Project Name: Program Year: Start Date: End Date: Subrecipient maintains a policy for and complies with the following: Yes No N/A Policy Ej ❑ ❑ ADA/Section 504 [29 U.S.C. § 701] p' ❑ ❑ Confidentiality [2 CFR § 200.303(e)] ❑ ❑ Conflict of Interest [2 CFR § 200.318(c)(1); 24 CFR § 570.611] [� ❑ ❑ Drug Free Workplace [24 CFR part 24, subpart F] p ❑ ❑ Equal Employment Opportunity [2 CFR Part 200; 41 CFR § 60-1.4(b)] j2f ❑ ❑ Fair Housing [Fair Housing Act] (if applicable) ❑ ❑ Nondiscrimination [24 CFR § 570.607] ❑ ❑ Procurement [2 CFR § 200.318(a)] (if applicable) Is Subrecipient a nonprofit entity? *es ❑No Per 2 CFR § 200.415 major nonprofit organizations) are ineligible for this funding. If the agency is a nonprofit, please select one of the following: Organization is not a major nonprofit organization. ❑ Organization is a major nonprofit organization. By signing this form, I certify the above is true and correct to the best of my knowledge. Na . Title Signature Date i ' A major nonprofit organization is defined in§ 200.414(a)as an organization receiving more than$10 million in direct federal funding. SUBRECIPIENT AGREEMENT-JESSE TREE EMERGENCY RENTAL ASSISTANCE PAGE 19 OF 28 Attachment 4: Budget Jesse Tree of Idaho Emergency Rental Assistance Program PY24 IDIS#175 Rental Assistance Total Award $ 43,698.00 $ 43,698.00 Draw# Date Timeframe 1 2 3 4 5 6 7 8 9 $ - 10 $ - 11 $ - 12 $ - Total - Balance $ 43,698.00 $ 43,698.00 SUBRECIPIENT AGREEMENT—JESSE TREE EMERGENCY RENTAL ASSISTANCE PAGE 20 OF 28 Attachment 5: Risk of Noncompliance Risk Analysis Factor Risk Level Type of Contact Med Risk: 3 Points Low Risk=Public Improvements/Planning Med Risk=Housing/Public Services Contract Amount Low Risk: 1 Point Low Risk=$0-$44,999 Med Risk=$45,000-$79,999 High Risk=$80,000+ Experience with Meridian CDBG Low Risk: 1 Point Low Risk=No Med Risk=Yes New Activity for Subrecipient Low Risk: 1 Point Low Risk=No High Risk=Yes Number of Clients Served Low Risk: 1 Point Low Risk=50 or Less Med Risk=More than 50 Admin Expenses Low Risk: 1 Point Low Risk=20%of budget or less High Risk=More than 20%of budget OR Staff Costs for Homeowner Repair more than 50% Key Organizational Change Low Risk: 1 Point Low Risk=None Med Risk=Other Key Staff High Risk=Executive Director/Financial Manager/Program Manager Systems Change Low Risk: 1 Point Low Risk=Minor/None Med Risk=Major Program Delays Low Risk: 1 Point Low Risk=CDBG Program began on schedule Med Risk=CDBG Program did not begin on schedule/New Program Progress Reports Low Risk: 1 Point Low Risk=History of reports submitted on time(more than 75%) Med Risk=History of reports submitted late(25%or more late)/New Program Met Goals in Previous Years Low Risk: 1 Point Low Risk= Yes/Met at least 75% Med Risk=No/New Program Financial Audit Low Risk: 1 Point Low Risk=Audit with no/minor findings High Risk=Audit with moderate to serious findings/No audit although required Last Monitoring Visit j Med Risk: 3 Points Low Risk=Less than 2 years Med Risk=2+years High Risk=New Program/Not Renewed Corrective Action (Any Monitoring) Med Risk: 3 Points Low Risk=No Findings or Concerns Med Risk=New Program/Current Concerns(e.g.require action but no serious impact) High Risk=Current Major Findings(e.g.would affect services/clients/financial concern) Risk Score 20 Points SUBRECIPIENT AGREEMENT—JESSE TREE EMERGENCY RENTAL ASSISTANCE PAGE 21 OF 28 Risk Determination Level of Risk ® Low Risk(up to 25 points) Project will be monitored primarily via review of progress reports and reimbursement requests. Onsite monitoring will generally take place every three years, typically during the first six months of the program year, if there are multiple years of being a low risk subrecipient. Technical assistance will be provided upon request. ❑ Medium Risk(26 to 35 points) A desk monitor will be conducted annually. An on-site monitor will generally take place every two years, typically during the first six months of the program year. Based on the results of the monitoring visit, staff will determine the need for and frequency of additional technical assistance and/or on-site compliance reviews. ❑ High Risk(36+points) Project will receive onsite monitoring after the first clients have been served. Subrecipient may also be required to submit additional documentation on a regular basis, as needed. Ongoing technical assistance will be required. Comments Jesse Tree has been an outstanding partner, and their staff has worked exceptionally well with us. They are always responsive, ensuring open lines of communication and collaboration. In addition to their great work, they actively participate in multiple conversations aimed at improving the lives of the clientele they serve, demonstrating a deep commitment to their mission. Their solid presence in the community and proactive approach to identifying funding opportunities to enhance their services further highlight their dedication to making a meaningful impact. We greatly value our partnership with Jesse Tree. Approval This determination was made on behalf of Meridian's CDBG Program based on information from the application, past experience, and collaboration with stakeholders and other local governments. By signing below, staff certifies that the information provided is, to the best of our knowledge, accurate and complete. CDBG Staff Name: Title: Crystal Campbell Community Development Program Coordinator Signature: Crystal Ca*nPb-eW Electronically signed by Campbell@meridiancity.org on 10/1712024 8:11 AM CDBG Staff Supervisor Name: Title: Curtis Calder Economic Development Administrator 'Signature: Electronically signed by ccalder@meridiancity.org on 10/1712024 8:58 AM SUBRECIPIENT AGREEMENT-JESSE TREE EMERGENCY RENTAL ASSISTANCE PAGE 22 OF 28 Attachment 6: Environmental Review Environmental Review for Activity/Project that is Exempt or Categorically Excluded Not Subject to Section 58.5 Pursuant to 24 CFR 58.34(a) and 58.35(b) Proiect Information Project Name: Jesse-Tree-Emergency-Rental-Assistancy-PY22-26 HERDS Number: 900000010284403 Responsible Entity(RE): MERIDIAN, 33 E Idaho Ave Meridian ID, 83642 State/ Local Identifier: RE Preparer: Crystal Campbell Grant Recipient(if different than Responsible Entity): Point of Contact: Consultant(if applicable): Point of Contact: Project Location: 1121 W Miller St, Boise, ID 83702 Additional Location Information: N/A Description of the Proposed Project [24 CFR 50.12&58.32;40 CFR 1508.25]: The Jesse Tree provides emergency rental assistance for eligible applicants who are at risk of being evicted in Meridian.Services will be provided at Jesse Tree and in the community as necessary.The City anticipates using$20,000 to$50,000 of CDBG funding per year during each of the remaining years in the 2022-2026 Consolidated Plan.This Environmental Review will cover that span. CDBG funds will be used to assist an estimated 75 households remain in housing over the next three years.The Jesse Tree screens potential participants throughout the year, but availability of funding is dependent on a competitive annual application and the congressional release of funding. Level of Environmental Review Determination Activity/ Project is Exempt per 24 CFR 58.34(a): 58.34(a)(4) Signature Page "T 131'. sig'pdf. SUBRECIPIENT AGREEMENT—JESSE TREE EMERGENCY RENTAL ASSISTANCE I PAGE 23 OF 28 Funding Information Grant/Project HUD Program Program Name Identification Number Community Planning and Community Development Block Grants 146 Development(CPD) (CDBG) (Entitlement) Estimated Total HUD Funded,Assisted $150,000.00 or Insured Amount: Estimated Total Project Cost[24 CFR 58.2 (a) (5)]: $150,000.00 Compliance with 24 CFR§50.4&§58.6 Laws and Authorities Compliance Factors: Are formal Compliance determination Statutes, Executive Orders, and compliance steps (See Appendix A for source Regulations listed at 24 CFR§50.4& or mitigation determinations) §58.6 required? STATUTES, EXECUTIVE ORDERS,AND REGULATIONS LISTED AT 24 CFR§50.4&§58.6 Airport Runway Clear Zones and Clear Zones 24 CFR part 51 ❑ Yes Q No Coastal Barrier Resources Act Coastal Barrier Resources Act, as This project is located in a state that amended by the Coastal Barrier does not contain CBRS units.Therefore, Improvement Act of 1990 [16 USC this project is in compliance with the 3501] ❑ Yes Q No Coastal Barrier Resources Act. Flood Insurance Based on the project description the Flood Disaster Protection Act of project includes no activities that would 1973 and National Flood Insurance require further evaluation under this Reform Act of 1994 [42 USC 4001- section.The project does not require 4128 and 42 USC 5154a] flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP). The project is in compliance with Flood Insurance ❑ Yes 0 No requirements. Mitigation Measures and Conditions [CFR 40 1505.2(c)]:Summarized below are all mitigation measures adopted by the Responsible Entity to reduce, avoid or eliminate adverse environmental impacts and to avoid SUBRECIPIENT AGREEMENT—JESSE TREE EMERGENCY RENTAL ASSISTANCE PAGE 24 OF 28 non-compliance or non-conformance with the above-listed authorities and factors.These measures/conditions must be incorporated into project contracts, development agreements and other relevant documents.The staff responsible for implementing and monitoring mitigation measures should be clearly identified in the mitigation plan. Law,Authority, Mitigation Measure or Condition Comments on Mitigation Complete or Factor Completed Plan Measures Project Mitigation Plan Supporting documentation on completed measures SUBRECIPIENT AGREEMENT—JESSE TREE EMERGENCY RENTAL ASSISTANCE PAGE 25 OF 28 APPENDIX A: Related Federal Laws and Authorities Airport Runway Clear Zones General policy Legislation Regulation It is HUD's policy to apply standards to 24 CFR Part 51 Subpart D prevent incompatible development around civil airports and military airfields. '. 1. Does the project involve the sale or acquisition of developed property? ✓ No Based on the response,the review is in compliance with this section. Yes Compliance Determination Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No SUBRECMENT AGREEMENT—JESSE TREE EMERGENCY RENTAL ASSISTANCE PAGE 26 OF 28 Coastal Barrier Resources General requirements Legislation Regulation HUD financial assistance may not be Coastal Barrier Resources Act used for most activities in units of the (CBRA) of 1982,as amended by Coastal Barrier Resources System the Coastal Barrier Improvement (CBRS). See 16 USC 3504 for limitations Act of 1990 (16 USC 3501) on federal expenditures affecting the CBRS. This project is located in a state that does not contain CBRA units.Therefore,this project is in compliance with the Coastal Barrier Resources Act. Screen Summary Compliance Determination This project is located in a state that does not contain CBRS units.Therefore,this project is in compliance with the Coastal Barrier Resources Act. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No SUBRECIPIENT AGREEMENT—JESSE TREE EMERGENCY RENTAL ASSISTANCE PAGE 27 OF 28 Flood Insurance General requirements Legislation Regulation Certain types of federal financial assistance may not be Flood Disaster 24 CFR 50.4(b)(1) used in floodplains unless the community participates Protection Act of 1973 `; and 24 CFR 58.6(a) in National Flood Insurance Program and flood as amended (42 USC and (b); 24 CFR insurance is both obtained and maintained. ; 4001-4128) 55.1(b). 1. Does this project involve financial assistance for construction, rehabilitation,or acquisition of a mobile home, building,or insurable personal property? ✓ No. This project does not require flood insurance or is excepted from flood insurance. Based on the response,the review is in compliance with this section. Yes 4. While flood insurance is not mandatory for this project, HUD strongly recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP). Will flood insurance be required as a mitigation measure or condition? Yes ✓ No Screen Summary Compliance Determination Based on the project description the project includes no activities that would require further evaluation under this section.The project does not require flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP).The project is in compliance with Flood Insurance requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes ✓ No SUBRECIPIENT AGREEMENT—JESSE TREE EMERGENCY RENTAL ASSISTANCE PAGE 28 OF 28 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: City of Meridian Financial Report - September 2024 City of Meridian Monthly Financial Report FY2024 Sep-24 Table of Contents Report Name Page Number Investment Graphs 2 Fund Balance 3 r! II i �■ r �■ '■� ■ f �I kd Ti � n a 7r�1��ulu�iwulllsii �mirni it II r ie�► irr (�E IDII� F:\Reporting\Monthly Reports\FY2024\FY24- 12 Sept Council Report 1 of 3 Monthly Financial Report �E IDIAN� FY2024 Sep-24 City of Meridian Investment Portfolio Yield by Investment Type IDAHO STATE POOL 5A6% IDAHO BOND FUND 3.69% CASH 0.00% F I B 5.35% •FIB MoneyMarket$5,140,122 -Cash$18,115,880 MONEYMARKET •Idaho Bond Fund$76,723,047 •Idaho State Pool$134,462,239 City of Meridian Interest/Investment Income City of Meridian Cash/Investments Balance by Major Fund by Major Fund $6,000,000 $119,500,000 $5,000,000 — S119,000,000 $118,500,000 $4,000,000 — $118,000,000 $117,500,000 $3,000,000 — $u7,000,000 $2,000,000 $116,500,000 $116,000,000 $1,000,000 , , $11,00,000 $u5,0oa,aoo $0 $114,500,000 General Enterprise $114,000,000 General Fund Enterprise Fund ■Total Budget ■Actual YTD ■FY24 ■FY23 F:\Reporting\Monthly Reports\FY2024\FY24-12 Sept Council Report 2 of 3 Monthly Financial Report FY2024 E IDIAN*-- Sep-24 IDAHO 9/1/2024 GENERAL FUND BALANCE ALLOCATIONS $120A00.000 5100A00.000 $80,000,000 $60,000,000 -- $40A00=0 $20,000,000 9/30/2U15 9/30/2016 9/30/2017 9/30/2018 9/30/2019 9/30/2020 9/30/2021 9/30/2022 9/30/2023 ■N—pendahle ■Restri eted ■committed ■Assigned ■Assigned Reserves ■um—t ed ENTERPRISE FUND BALANCE ALLOCATIONS $120,000,000 $1.00,000,000 $80,000,000 $60,000,000 $40,000,000 $20,000,000 f 9/30/2015 9/30/2016 9/30/2017 9/30/2015 9/30/2019 9/30/2020 9/30/2021 9/30/2022 9/30/2023 ■As signed ■Unassigned ■Assgged Reserves F:\Reporting\Monthly Reports\FY2024\FY24-12 Sept Council Report 3 of 3 E IDIAN�- )AH AGENDA ITEM Department Reports MYAC YEAR and Elliot HoodLillian Mele, Elizabeth Wright, CITY COUNCIL NOV. 6TH IN REVIEW MYAC YEAR IN REVIEW 2024 Boise State University Campus 21-JUNE 18 Idaho CitiesAssociation of MYAC YEAR IN REVIEW 2024 Wahooz AUGUST 15TH Kickoff Party2025 -2024 MYAC YEAR IN REVIEW 2024 September 26thLowe Family Farmstead Pumpkin Patch Trip MYAC YEAR IN REVIEW 2024 Kleiner ParkSeptember 28th AlzheimersWalk to End MYAC YEAR IN REVIEW 2024 ELECTIONS-BY•VOTING SIMULATION-SNACKTOCRACY •VOTING INFORMATION-COLBY BOND (BABE VOTE) •VISION WEB TEAM COMMUNICATION WORKSHOP•General Council Meetings MYAC YEAR IN REVIEW 2024 SummitYouth Safety Treasure Valley WahoozOctober 8th MYAC YEAR IN REVIEW 2024 October 24th TRUNK OR TREAT MYAC YEAR IN REVIEW 2024 FUNDINGNLC CONFERENCE NOV 14THFRIENDSGIVINGNOV 9THRAKE UP MERIDIAN Upcoming Plans! ThankYou! w IDIAN� AGENDA ITEM ITEM TOPIC: Request from Nick Rinker for Connection to the City Water System Outside City Limits at 330 N Linder Rd. (�M� IE IDIAy MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Kyle Radek, Public Works Meeting Date: November 6, 2024 Presenter: Kyle Radek Estimated Time: 10 minutes Topic: Request from Nick Rinker for Connection to the City Water System Outside City Limits at 330 N Linder Road Recommended Council Actions: 1. Approve the request for connection to the City Water System. 2. Authorize the mayor to sign the Agreement for Provision of Water Service Outside Meridian City Limits. Background: I. DEPARTMENT CONTACT PERSONS Kyle Radek-Assistant City Engineer 208-489-0343 Warren Stewart, City Engineer 208-489-0350 Laurelei McVey, Director of Public Works 208-489-0365 II. DESCRIPTION Mr. Rinker has submitted an application for annexation and rezoning for the parcel at 330 N Linder Road (H-2024-0048). The application proposes to leave the existing home and improve the lot for a car rental and sales business. The application is in review and would require the existing building to connect to water and sewer. The building (house) is already connected to sewer and has a sewer-only account. Mr. Rinker has requested permission to hook up to water immediately because the pump in the well currently serving the existing building has failed. The building is currently being renovated and water is needed for cleaning and hygiene. He intends to abandon the well with the project, so it does not make sense to install a new pump. Properly abandoning the well is also a primary concern for City source water protection purposes. III. STAFF FINDINGS AND RECOMMENDATIONS Page I of 2 Comments were solicited from City staff to identify any issues that needed to be addressed through an agreement to allow the connection requested. No staff were opposed to approving the request. • Fire Department: No concerns. • Public Works: Well must be abandoned prior to city water connection. • Parks Department: No concerns • Community Development: The property must comply with all requirements of the annexation record currently under review when it is approved. Staff recommends that the request to connect to City water be approved. IV. ALTERNATIVES Council could deny the request. This would delay the connection of City water to the existing building. The property has an active application for annexation. Once that application is approved, the property will be required to connect to City water. V. TIME CONSTRAINTS The owner would like to secure an agreement, construct the water service, and connect to the existing building within a month. VI. LIST OF ATTACHMENTS • Email request from Nick Rinker to connect building at 330 N Linder Road, which has not been annexed,to City water. • Site Plan submitted in annexation and zoning application H-2024-0048 • Agreement for Provision of Water Service Outside of Meridian City Limits Approved for Council Agenda: Date: Page 2 of 2 Annotate 3eview Measure Publish Site Plan.pdfVl ieu -—-—-—-—-—-— —-—-—-— -I Z On U) IW D S"5 U1 L I 1< ARCHITECTURAL SITE PLAN AS11 Site Plan.pdf VI E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Agreement for Provision of Water Service Outside Meridian City Limits: 330 N. Linder Road. ADA COUNTY RECORDER Trent Tripple 2024-063346 RECORDING REQUESTED BY AND BOISE IDAHO Pgs=5 VICTORIA BAILEY 11/07/2024 08:05 AM WHEN RECORDED RETURN TO: CITY OF MERIDIAN, IDAHO NO FEE City Clerk City of Meridian 33 E.Broadway Avenue Meridian,ID 83642 AGREEMENT FOR PROVISION OF WATER SERVICE OUTSIDE MERIDIAN CITY LIMITS: PARCEL NUMBER R3579000015,330 N.LINDER ROAD This AGREEMENT FOR PROVISION OF WATER SERVICE OUTSIDE MERIDIAN CITY LIMITS ("Agreement")is made this 6th day of November , 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 Rinker Properties LLC, 385 Creekview Drive,Meridian,Idaho("User") (collectively, "Parties"). WHEREAS,User is the owner of parcel number R3579000015,township/range/section 3N1W12,located at 330 N. Linder Road,Meridian,Ada.County,Idaho ("Subject Property"), which real property is located outside of Meridian City limits; WHEREAS,the Subject Property is already served by City sewer services, which have been provided since February 25,2009,but due to a failing private water delivery system,User seeks to connect the Subject Property to the City water system; WHEREAS,the City is authorized by Idaho Code section 50-323 to develop, operate, and maintain a domestic water supply,and to protect the same from contamination, and the City does exercise such authority,including by the adoption and enforcement of Title 9,Chapters 1 and 4, Meridian City Code; 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 Parries agree as follows: I.COmV um ENTS BY CITY. A. Provision of Services. At all times relevant hereunder,City shall provide water service to the Subject Property, subject to the terms and conditions of this Agreement and any and all applicable laws and City ordinances. B. Billing. City shall bill User monthly for water and 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. C. Recordation. City shall record this Agreement, and shall submit proof of such recording to User. AGREEMENT FOR EXTENSION OF DOMESTIC WATER SERVICE OUTSIDE MERIDIAN CITY LIMITS—330 N.LINDER ROAD PAGE 1 OF 5 H.COMMITMENTS BY USER. A. Payment for City services. User shall be responsible for fulfilling User's obligation to pay to City any and all costs related to water infrastructure construction,materials, and connection, including,but not limited to: hookup, assessment,meter installation, and inspection fees. Upon connection to the City's water system,User shall pay to City all applicable fees and costs for water and sewer services provided, including, but not limited to use fees, as such are calculated and billed by City as set forth herein and established by law or City ordinance. The exclusive remedy for disputes, objections, or appeals regarding such fees and charges shall be appeal to the Board of Adjustment under the procedures set forth in Meridian City Code. Notwithstanding any other provision of this Agreement, this provision shall be binding upon User and upon any and all successors in interest of User and/or to the Subject Property. B. No cross-connection. User shall abide by and comply with any and all applicable provisions of law, which shall specifically include,but shall not be limited to, compliance with Title 9, Chapter 3, Meridian City Code and/or any and all similar ordinances subsequently adopted, which prohibit the installation and/or maintenance of a cross- connection to the City's water system. C. Annexation. User hereby explicitly agrees to annexation of the Subject Property into the City of Meridian. User shall, within thirty (30) days of execution of this Agreement, and at User's sole expense, submit a complete application for annexation into the City of Meridian and connect any and all occupiable buildings then located upon the Subject Property to the City water and sewer system. Should User fail to submit such application,User acknowledges and agrees that City shall be authorized to initiate the process of annexing the Subject Property, at User's sole expense, and,if necessary, to assess all costs and fees related to such annexation against the utility account for the Subject Property. User further acknowledges and agrees that User's failure to pay any utility bill due and owing,including any portion for annexation costs and fees,may result in disconnection of water services to the Subject Property and/or debt collection proceedings or other civil remedies. D. Discontinuance of private water and sewer. Upon connection and provision of City water and sewer service to the Subject Property, User shall disconnect and discontinue the use of any and all private septic or sewer systems on the Subject Property other than the City sewer system, and shall abandon and discontinue the use of any and all private water wells or systems on the Subject Property other than the City water system. E. Development agreement.User acknowledges that,pursuant to Idaho Code section 67- 651 lA and the Meridian Unified Development Code ("UDC"), as part of the annexation process,User will be required to enter into a development agreement concerning the use or development of the Subject Property. Such development agreement will include requirements that the use of the Subject Property comply with all provisions of the UDC and Meridian City Code, including those provisions related to land use, specific use standards, landscaping, access, parking, and other conditions as may be appropriate and necessary to carry out the policies of the comprehensive plan, regulate AGREEMENT FOR EXTENSION of DOMESTIC WATER SERVICE OUTSIDE MERIDIAN CITY LIMrrs-330 N.CINDER ROAD PAGE 2 of 5 the uses of property and structures within the City of Meridian, and protect and promote public health, safety, and general welfare. F. Consent to entry. User shall, and hereby does,provide perpetual consent and access to the City to enter the Subject Property for the purpose of inspecting any and all water and sewer pipes, connections, and related infrastructure. Except as to routine meter readings or in the event of an imminent or realized threat to the public health, safety, or welfare, City shall attempt to provide User at least twenty-four(24)hours prior notice of such entry; such notice may be verbal or written and may be posted at the Subject Property. M.GENERAL PROyNioNs. A. Default. Any failure to perform the terms and conditions of this Agreement, or any portion thereof, shall be a default hereunder. In the event of a default,the non-defaulting parry may serve a written Notice of Default upon the defaulting parry by the method set forth herein. Except in case of an imminent or realized threat to the public health, safety, or welfare,the defaulting parry shall have thirty (30) days following delivery of such notice to cure or correct the default before the non-defaulting party may seek any remedy as provided herein. Notwithstanding any other provision of this Agreement, this provision shall be binding upon the Parties and upon any and all successors in interest thereof. B. Enforcement.This Agreement shall be enforceable in any court of competent jurisdiction by either City or User, or any respective successor(s)in interest thereof. An action at law or in equity, as appropriate, shall he to secure specific performance of any covenant, agreement, condition,commitment, and/or obligation set forth herein. In addition,remedies available to City shall include,but shall not be limited to,termination of water and/or service to User and/or to any successor(s)in interest. C. Notices. Any notice desired by the Parties or required by this Agreement shall be deemed delivered after deposit in the United States Mail, postage prepaid, addressed as follows: City: City of Meridian Attn: Public Works Department Director 33 E. Broadway Ave. Meridian, Idaho 83642 User: Rinker Properties LLC 385 Creekview Drive Meridian,Idaho 83646 Either Party may change its address for the purpose of this section by delivering to the other Parry written notification of such change, establishing a new address for noticing purposes, in accordance with the requirements of this section. D. Time is of the essence. The Parties 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 and default hereunder by the Parry so failing to perform. AGREEMENT FOR EXTENSION OF DOMESTIC WATER SERVICE OUTSIDE MERIDIAN CrrY Limrrs-330 N.UNDER ROAD PAGE 3 OF 5 E. Binding upon successors. Except as otherwise specifically provided herein, this Agreement shall be binding upon any and all owners of the Subject Property, any and all subsequent owners thereof, and each and every other person acquiring an interest in the Subject Property. Nothing herein shall,or shall be construed to,in any way prevent the sale or alienation of the Subject 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. F. 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. G. 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 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. H. Final Agreement. This Agreement sets forth all promises,inducements, agreements, conditions, and understandings between City and User 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 User, 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. I. Non-waiver. Failure of either Party to promptly enforce the 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. J. 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. K. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attomey or the opportunity to seek such advice. AGREEMENT FOR EXTENSION OF DOMESTIC WATER SERVICE OUTSIDE MERIDIAN CITY LIMrrs—330 N.LENDER ROAD PAGE 4 of 5 L. 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. USER: STATE OF IDAHO ) ) ss: County of f- ) I HEREBY CERTIFY that on this day of Nicholas Rinker, President 66kolo f ,2024,before the undersigned,a Rinker Properties LLC Notary Public in the State of Idaho,personally appeared Nicholas Rinker,known or identified to me to be the President of Rinker Properties LLC,a limited liability corporation,and acknowledged to me that such person executed this instrument on behalf of said corporation. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year in this certificate first above written. LAURA HAHN COMMISSION NO.20224623 Notary Public for Idaho NOTARY PUBLIC Residing at Idaho STATE OF IDAHO OP ft My Commission Expires: In10 za CITY OF MERIDIAN: BY: Attest: Robert E. Simison,Mayor 11-6-2024 Chris Johnson,City Clerk 11-6-2024 STATE OF IDAHO ) ):ss County of Ada ) On this_61L day of November,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 this 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. ID ,Idaho My Commission Expires: 3-28-2028 AGREEMENT FOR EXTENSION OF DOMESTIC WATER SERVICE OUTSIDE MERIDIAN CITY LIMITS—330 N.LINDER ROAD PAGE 5 OF 5 W IDIAN� AGENDA ITEM ITEM TOPIC: Fiscal Year 2025 Budget Amendment in the Amount of$81,227 for the Police Department Admin Roof& RTU Replacement Project Mayor Robert E. Simison City Council Members: C� E IIAN Luke Cavener, President Liz Strader,Vice President Brian Whitlock Doug Taylor John Overton Anne Little Roberts TO: Mayor Robert E. Simison Members of the City Council FROM: Stacy Redman Facilities Project Manager DATE: 10/14/24 SUBJECT: FY25 BUDGET AMENDMENT IN THE AMOUNT OF $81,227 FOR THE PD ADMIN ROOF & RTU REPLACEMENT PROJECT REQUESTED COUNCIL DATE: 11/6/2024 I. RECOMMENDED ACTION A. Move to: 1. Approve the $81,227 Budget Amendment for the PD Admin Roof& RTU Replacement Project 2. Authorize the Mayor to sign the amendment II. DEPARTMENT CONTACT PERSONS Stacy Redman, Facilities Project Manager 208-489-0374 Alex Freitag, Business Division Manager 208-489-0376 Laurelei McVey, Director of Public Works 208-985-1259 III. DESCRIPTION A. Background The roof of the PD Admin building is 22 years old and in need of replacement along with the RTUs for the HVAC system. These are all original components and have exceeded their design lifespans. Over the past two years, the facilities team has responded to several leaking roof issues, and are seeing repair costs on the building's RTUs increase. These were the reasons to initiate this project and request funding to implement. B. Reason for Amendment This project was approved during the FY25 budget process with an older cost estimate. Actual bids have now been received and we have a firm cost. This amount is slightly above what is currently budgeted for this job. Inflationary increases in the material and labor are the main drivers since our original cost estimate over two years ago. The amount of this amendment is the balance needed to complete construction. IV. IMPACT A. Project Funding Recap: PD Admin Roof&RTU Replacement Project r 01-2110-53100-11440 Budget Available for Construction Phase of Project 1 $823 509 T------------------------------------------------------------------- Total Funding Needed for Construction $904,736 ----------------------------------------- r----------------------------------------------------------------- Funding Shortage (Budget Amendment) ($81,227) -------------------------------------------------------------------------------------------------------------------------------------------------------- V. ALTERNATIVES A. The City could choose to not fund this additional balance needed to complete this replacement project and defer the roof and RTU replacement until a future time. Potential issues with roof leaks, RTU failures and general maintenance issues in work areas are the likely outcome. The project would also need to be rebid when the City decides to pursue it again. Future costs could vary from the current quote positively or negatively. Approved for Council Agenda: Public Works Department . 33 E. Broadway Avenue, Suite 200, Meridian, ID 83642 Phone 208-898-5500 . www.meridiancity.org 10/18/2024 9:39AM City of Meridian FY2025 Budget Amendment Form Personnel Costs Full Time Equivalent(FTE): Fund# Dept.# G/L# Proj.# G/L#Description Total E IDIAN�--' 01 2110 41200 11440 Wages 01 2110 41206 11440 PT/Seasonal Wages 01 2110 41210 11440 Overtime Please only complete the fields 01 2110 41304 11440 Uniform Allowance highlighted in Orange. 01 2110 42021 11440 FICA $ Amendment Details 01 2110 1 42022 1 11440 IPERSI I $ Title: PD Admin Roof&RTU Replacement 01 1 2110 1 42023 1 11440 Worker's Comp I $ Department Name: Police Dept. 01 1 2110 1 42025 1 11440 1 Employee Insurance $ Presenting Department Name: Public Works Total Personnel Costs $ Department#: 2110 Operating Expenditures Primary Funding Source: 1 Fund# Dept.# G/L# Proj.# G/L#Description One-Time On-Going Total CIP#: 01 2110 1 11440 $ Project#: 11440 01 2110 11440 $ 01 2110 11440 $ Is this for an Emergency? ❑ Yes F] No 01 2110 11440 $ New Level of Service? ❑ Yes E No 01 2110 11440 $ 01 2110 11440 $ Clerks Office Stamp 01 2110 11440 $ 01 2110 11440 $ 01 2110 11440 $ 01 2110 11440 $ 01 2110 11440 $ 01 2110 11440 $ 1 1—6-2024 01 2110 11440 $ Date of Council Approval Total Operating Expenditures $ - $ $ - Capital Outlay Fund# Dept.# G/L# Proj.# G/L#Description Total Acknowledgement Date 01 2110 92020 11440 Building Improvements $ 81,227 01 2110 11440 10/18/24 01 2110 11440 Department Director 01 2110 11440 01 2110 11440 _� 10/18/2024 jfields 10.18.24 01 1 2110 11440 Chief Fin Officer Total Capital Outlay $ 81,227 cial Revenue/Donations Approved Doug Taylor via email 10.18.24 Fund# Dept.# G/L# Proj.# G/L#Description Total Cou Liaison 01 2110 1 1 11440 01 2110 1 1 11440 — 10-19-24 01 2110 1 1 11440 1 Mayor Total Revenue/Donations $ Total Amendment Request $ 81,227 City of Meridian FY2025 Budget Amendment Form C:\Users\lmcvey\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\J7JO3823\PD Admin Roof Repl Amendment-10_14_24-CM U v N 7I O� C a) E "O C m E a a a, °o c e O_ r a) C G C a a' M1. a N a V u m tm C u a) ° m y at G Q 0 m E °- v a M G m O e L Q a! u E .a N a' -0 mL bn y y1 cW,� C no C y 4! m `•� a O v 3 O aJ in 4J i/} N n CL a) O y �m 2 E e o - a d u o LL E O U C Q y r@ E g c u a > ° O *' w U aka E v a a 0) c z z w e r ar m v o < v o $ "o E a 9 c 3 t c O .a •O N n is C i 0 Z a 6, O v = v v a) � a IF ~ N a ° ° a ° o u Y ro I o E � 3 N O a C ° A A A A A A O — a7 u v 'O = U C u a) 1 a)a) C } W U / I a5 M L N L O .2 OJ 7 N M1. j U LLJ /0 N h0 L u � L Y O N ° a) C, c-1 7 — u O v y L J o0 O "O o a) O a-a O N m v r � -03 03 N y u Y Y •O Q Q1 fd -6 C u al C1 C a i a y v 3Ut3 0 Jn a L T i C' Q > N aJ > aJ a3 (J 3 N 00 U C 0_ u N a3 �' C- } N y aJ y V2 > a) X y al N U _ aJ Vi E� 6 N -O C vai 7 C al W 0 L C L a7 L °� N 0 I Qj m y � LL C T w C O v ty0 z = N £ c N m U 3 c > t o E e } N j y C_ y W m V +� O w H c o N Y 0 6 3 > a U N v v E Y m n ° M1. a s 0 Da t m = c u `w o y e s a v °c° " o a°A n a v o a 9- y y :m b - ° `o VT VT VT .9" Y CU a3 � y y {• C O C i 3 C a) a) fn C O m -0aJ 7 >• 'O O a u .CC -O T L LL w >O Cr 7 �O al GCi U ON aL+ E C u y �by M1• @ C Q W a ���yl i/T i/T i/T •� Q 73 ,C i O L y L �.L it C -° f6 aJ y Q• O N N N M1. +L�+ 3 Vt aJ L a) w a1 v cu C m al a) aj N N C -° +L+ N aJ w > Q L y L al w r r, - .� aJ w O y O aJ O t0 7 12 1 a — ON W W in ° L.+ C O O C' -O aLO O �n O y CO u rN aJ 41 N C E O t6 �n aJ L > a.. N ° v a a o Y c C a c E a�� E t ° ° ai ° ai v o v o a rn c bn a —° c E v 3 c U •� C U g ° va c a) 4+ v a,c a ° - v aci bon E to v bn c O v Y ) a > M a E 3 aui m o m w a�i ° aci $ N C W Y O L O X O_ a) y O C G N a ° u a a� —° a. c a) E 3 v 10 o O' o L y n a a, Y s a, 0 E -0 c o f >- y d C v a3 N E v L L c N c v_ Q c o s m m L +� " n •'•' � 3 u o a Y > Y E 4;, ai v 3 aj v ai o LL y a N Q aJ co Cd V O E T C N m o V c6 O u1 N y O C ' L t0 L �n aJ (J a) aJ aL.+ m N O O .�+ vOi Q fl- O T O_ O_ y L aJ O O O C ` � O a s ate+ ; � t U! C E t Q p v dl Q O Q 2 a > 1 T O �"� d O U W .--I Q N O U M H v� l_7' ul } l0 z I� W N J W I U E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve AIA A133 amendment for the Not-to-Exceed amount of $835,171.00 to Kreizenbeck LLC for the Police Department's Re-roof and RTU Replacement Project C� f1E RIDIA4, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Sandra Ramirez, Procurement Div. Meeting Date: November 6, 2024 Presenter: Stacy Redman, Public Works Estimated Time: Topic: Approve AIA A133 Price Amendment to Kreizenbeck LLC Recommended Council Action: Approve AIA A133 amendment for the Not-to-Exceed amount of$835,171.00 and authorize Procurement Manager to issue the Purchase Order to Kreizenbeck LLC for the Police Department's Re-roof&RTU Replacement project. No signature required, approval only. Background: Original AIA agreement dated April 12, 2024. The Public Works Department is requesting a Budget Amendment for the project in the amount of$81,227.00. AIA Document A1 33° - 2019 Exhibit A Guaranteed Maximum Price Amendment This Amendment dated the 08 day of October in the year 2024,is incorporated into the accompanying AIA Document A133T14--2019,Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price dated the 12 day of April in ADDITIONS AND DELETIONS: the year 2024 (the"Agreement") The author of this document has added information needed for its (In words, indicate day, month, and year.) completion.The author may also have revised the text of the original for the following PROJECT: AIA standard form.An Additions and (Name and address or location) Deletions Report that notes added information as well as revisions to the Meridian Police Department—Re-roof&RTU Replacement standard form text is available from 1401 E.Watertower Street the author and should be reviewed.A Meridian,Idaho 83642 vertical line in the left margin of this document indicates where the author has added necessary information THE OWNER: and where the author has added to or (Name, legal status, and address) deleted from the original AIA text. City Of Meridian This document has important legal consequences.Consultation with an 33 East Broadway Avenue attorney is encouraged with respect Meridian,Idaho 83642 to its completion or modification. THE CONSTRUCTION MANAGER: AIA Document A201 TM-2017, (Name, legal status, and address) General Conditions of the Contract for Construction,is adopted in this Kreizenbeck,LLC dba Kreizenbeck Constructors document by reference. Do not use 213 E.381h Street with other general conditions unless Garden City,Idaho 83714 this document is modified. TABLE OF ARTICLES A.1 GUARANTEED MAXIMUM PRICE A.2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION A.3 INFORMATION UPON WHICH AMENDMENT IS BASED A.4 CONSTRUCTION MANAGER'S CONSULTANTS, CONTRACTORS, DESIGN PROFESSIONALS,AND SUPPLIERS ARTICLE A.1 GUARANTEED MAXIMUM PRICE § A.1.1 Guaranteed Maximum Price Pursuant to Section 3.2.6 of the Agreement,the Owner and Construction Manager hereby amend the Agreement to establish a Guaranteed Maximum Price.As agreed by the Owner and Construction Manager,the Guaranteed Maximum Price is an amount that the Contract Sum shall not exceed.The Contract Sum consists of the Construction Manager's Fee plus the Cost of the Work,as that term is defined in Article 6 of the Agreement. Init. AIA Document A133—2019 Exhibit A.Copyright @ 1991,2003,2009,and 2019.All rights reserved.'The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 18:23:07 ET on 10/08/2024 under Order No.4104248084 which expires on 12/28/2024,is not for resale,is licensed for one-time use only,and may only be used in I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (893542961) § A.1.1.1 The Contract Sum is guaranteed by the Construction Manager not to exceed Eight Hundred Thirty-Five Thousand One Hundred Seventy-One Dollars ($ 835,171.00 ),subject to additions and deductions by Change Order as provided in the Contract Documents. § A.1.1.2 Itemized Statement of the Guaranteed Maximum Price.Provided below is an itemized statement of the Guaranteed Maximum Price organized by trade categories,including allowances;the Construction Manager's contingency;alternates;the Construction Manager's Fee;and other items that comprise the Guaranteed Maximum Price as defined in Section 3.2.1 of the Agreement. (Provide itemized statement below or reference an attachment.) See Attachment#1 to Exhibit A—GMP Amendment,which is incorporated herein by reference. § A.1.1.3 The Construction Manager's Fee is set forth in Section 6.1.2 of the Agreement. § A.1.1.4 The method of adjustment of the Construction Manager's Fee for changes in the Work is set forth in Section 6.1.3 of the Agreement. § A.1.1.5 Alternates § A.1.1.5.1 Alternates,if any,included in the Guaranteed Maximum Price: Item Price None § A.1.1.5.2 Subject to the conditions noted below,the following alternates may be accepted by the Owner following execution of this Exhibit A.Upon acceptance,the Owner shall issue a Modification to the Agreement. (Insert below each alternate and the conditions that must be met for the Owner to accept the alternate) Item Price Conditions for Acceptance None §A.1.1.6 Unit prices,if any: (Identify the item and state the unit price and quantity limitations, if any, to which the unit price will be applicable) Item Units and Limitations Price per Unit($0.00) None ARTICLE A.2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § A.2.1 The date of commencement of the Work shall be: (Check one of the following boxes) [ X ] The date of execution of this Amendment. [ ] Established as follows: (Insert a date or a means to determine the date of commencement of the Work.) If a date of commencement of the Work is not selected,then the date of commencement shall be the date of execution of this Amendment. § A.2.2 Unless otherwise provided,the Contract Time is the period of time,including authorized adjustments,allotted in the Contract Documents for Substantial Completion of the Work.The Contract Time shall be measured from the date of commencement of the Work. § A.2.3 Substantial Completion § A.2.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents,the Construction Manager shall achieve Substantial Completion of the entire Work: Init. AIA Document A133—2019 Exhibit A.Copyright©1991,2003,2009,and 2019.All rights reserved.'The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 18:23:07 2 ET on 10/08/2024 under Order No.4104248084 which expires on 12/28/2024,is not for resale,is licensed for one-time use only,and may only be used in t accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (893542961) (Check one of the following boxes and complete the necessary information) [ ] Not later than ( )calendar days from the date of commencement of the Work. [ X ] By the following date:June 3,2025 See Attachment#4 to Exhibit A—GMP Amendment,which is incorporated herein by reference. § A.2.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents,if portions of the Work are to be completed prior to Substantial Completion of the entire Work,the Construction Manager shall achieve Substantial Completion of such portions by the following dates: Portion of Work Substantial Completion Date None § A.2.3.3 If the Construction Manager fails to achieve Substantial Completion as provided in this Section A.2.3,liquidated damages,if any,shall be assessed as set forth in Section 6.1.6 of the Agreement. ARTICLE A.3 INFORMATION UPON WHICH AMENDMENT IS BASED § A.3.1 The Guaranteed Maximum Price and Contract Time set forth in this Amendment are based on the Contract Documents and the following: § A.3.1.1 The following Supplementary and other Conditions of the Contract: (Table deleted) § A.3.1.2 The following Specifications: (Either list the Specifications here, or refer to an exhibit attached to this Amendment.) See Attachment#3 to Exhibit A—GMP Amendment,which is incorporated herein by reference. (Table deleted) § A.3.1.3 The following Drawings: (Either list the Drawings here, or refer to an exhibit attached to this Amendment.) See Attachment#3 to Exhibit A—GMP Amendment,which is incorporated herein by reference. (Table deleted) (Paragraphs deleted) (Paragraph deleted) (Table deleted) § A.3.1.5 Allowances,if any,included in the Guaranteed Maximum Price: (Identify each allowance) Item Price None ($0.00) § A.3.1.6 Assumptions and clarifications,if any,upon which the Guaranteed Maximum Price is based: (Identify each assumption and clarification) See Attachment 42 to Exhibit A—GMP Amendment,which is incorporated herein by reference. § A.3.1.7 The Guaranteed Maximum Price is based upon the following other documents and information: (List any other documents or information here, or refer to an exhibit attached to this Amendment) See Attachment#2 to Exhibit A—GMP Amendment,which is incorporated herein by reference. Init. AIA Document A133—2019 Exhibit A.Copyright @ 1991,2003,2009,and 2019.All rights reserved.'The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 18:23:07 3 ET on 10/08/2024 under Order No.4104248084 which expires on 12/28/2024,is not for resale,is licensed for one-time use only,and may only be used in t accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (893542961) ARTICLE A.4 CONSTRUCTION MANAGER'S CONSULTANTS, CONTRACTORS, DESIGN PROFESSIONALS, AND SUPPLIERS § AAA The Construction Manager shall retain the consultants,contractors,design professionals,and suppliers,identified below: (List name, discipline, address, and other information.) None This Amendment to the Agreement entered into as of the day and year first written above. 0�4_klAa_ OWNER(Signature) CONSTRUCTION MANAGER(Signature) Keith Watts CPPB/Procurement Mana er Michael Berard,Manager (Printed name and title) (Printed name and title) Init. AIA Document A133—2019 Exhibit A.Copyright @ 1991,2003,2009,and 2019.All rights reserved.'The American Institute of Architects,""American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 18:23:07 4 ET on 10/08/2024 under Order No.4104248084 which expires on 12/28/2024,is not for resale,is licensed for one-time use only,and may only be used in / accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (893542961) Kreizenbeck Constructors ATTACHMENT #1 TO EXHIBIT A — GMP AMENDMENT ITEMIZED GMP BREAKDOWN CITY OF MERIDIAN Meridian Police Station Re-roof and RTU Replacement Project 1401 E. Watertower Street Meridian, Idaho 83642 www.kreizenbeck.com 213 E. 38TH STREET■ GARDEN CITY, IDAHO 83714 ■ 208.336.9500 ICR No.RCE-764 Kreizenbeck Constructors .......................................................................................................................................................................-....................................... Meridian Police Station Re-roof& RTU Replacement Project Attachment#1 to GMP Exhibit A Itemized GMP Breakdown October 8, 2024 BP# Scope Apparent Low 01 Roofing $ 275,800.00 02 Plumbing $ 46,952.00 03 HVAC $ 279,785.00 04 Electrical $ 29,340.00 Uncontracted Work-Yet to Buy(Not Inc with Subcontractor Bids) $ 2,732.00 TRADE WORK-SUBTOTALI $ 634,609.00 Permits & Fees (All) By Owner Testing & Special Inspections By Owner Commissioning By Owner Builder's Risk Insurance By Owner General Conditions $ 99,504.00 Insurances (General & Professional Liability) $ 9,954.00 Kreizenbeck Constructors Payment and Performance Bonds $ 8,981.00 CM/GC Contingency $ 40,911.00 COST OF THE WORK-TOTAL $ 793,959.00 CM Fee- 5.25% 1 $ 41,212.00 CONSTRUCTION BUDGET(GMP) -TOTAL $ 835,171.00 213 E. 38TH STREET ■ GARDEN CITY, IDAHO 83714 ■ 208.336.9500 ICR NO. RCE-764 Kreizenbeck Constructors ATTACHMENT #2 TO EXHIBIT A — GMP AMENDMENT CLARIFICATIONS / ASSUMPTIONS / EXCLUSIONS CITY OF MERIDIAN Meridian Police Station Re-roof and RTU Replacement Project 1401 E. Watertower Street Meridian, Idaho 83642 www.kreizenbeck.com 213 E. 38TH STREET■ GARDEN CITY, IDAHO 83714 ■ 208.336.9500 ICR No.RCE-764 Kreizenbeck Constructors ATTACHMENT #2 TO EXHIBIT A — GMP AMENDMENT CLARIFICATIONS / ASSUMPTIONS / EXCLUSIONS MERIDIAN POLICE DEPARTMENT — Re-roof and RTU Replacement Project 1401 E. WATERTOWER ST MERIDIAN, IDAHO 83642 Kreizenbeck Constructors has assumed the following clarifications, assumptions, and/or exclusions in the development of our GMP Proposal for the Meridian Police Station — Re-roof & RTU Replacement Project. Clarifications /Assumptions / Exclusions: 1) The GMP and scope of work includes what is indicated on the contract documents. Any work required that is not specifically indicated on the contract documents is excluded from the GMP and will require a change order to complete the additional work. 2) We have included the new work as identified on the contract documents, but have not anticipated any work of any kind to the existing building, systems, or site which is not specifically called out. 3) Our proposal does not include repair or correction of existing or deficient conditions. 4) Usage of existing temporary utilities (electricity, water, etc.) is permitted and usage costs of utilities are at no charge to the Contractor. 5) We have not included any design or BIM modeling of any kind. 6) We have anticipated that all existing conditions will be compatible with the new roof membrane replacement and will be acceptable to the new roofing manufacterer's requirements as necessary to obtain the specified warranty. Any conditions that are determined to not comply will require to be corrected and will be added as a change order to our contract. 7) All existing parapet caps will be removed and reinstalled, without modification, typical except where new parapet caps are called out at the stairtowers. 8) We have assumed that all existing gas piping is in acceptable condition and can be reused. 9) We have not included any painting of any gas piping on the roof. 10) We have not included any work of any kind to modify, raise, or extend the existing roof curbs or existing spring isolation curbs. 11) We specifically exclude the 8" minimum curb height requirement as indicated on A6/A7.0. 12) We have anticipated that the existing RTU units and the new RTU units are the same size and will fit on the existing roof curbs and/or spring isolation curbs without any modification to the roof curbs, spring isolation curbs, or new RTU units. www.kreizenbeck.com 213 E. 38TH STREET■ GARDEN CITY, IDAHO 83714 ■ 208.336.9500 ICR NO.RCE-764 13) We have not included any work to, or replacement of, the existing HVAC building control system other than disconnecting existing units and reconnecting the new units as specified. All control will work be completed by ClimaTech. 14) We have assumed that the roof top units will be removed and replaced as major sections of the roofing are replaced and the existing gas piping is modified. Temporary units for climate control of the existing building will not be provided. This shall be completed and coordinated with the typical roofing activities. 15) We exclude any work of any kind to the existing Fire Alarm System. 16) The following items have been specifically excluded from our GMP Proposal and are assumed to be by the Owner. • All Plan Review Fees, Building Permit Fees, ACHD Fees, Impact Fees, and/or other Agency Fees as required • All utility fees (sewer, water, Idaho Power, Intermountain Gas, phone/internet/security, etc.) • Testing and Special Inspections of any kind • Commissioning • Geotechnical Report • Builder's Risk / Property Insurance is by Owner • A&E Fees • Design or Engineering of any kind • Delegated design submittals requiring professional engineering • Errors and Omissions of the Architect/Engineer • Abatement or removal of asbestos / hazardous materials of any kind (If encountered, they will be removed by the Owner) • Any/all issues of any kind related to unforeseen conditions, unsuitable soils, and/or unsuitable moisture conditions • All phone/data/tv/security cabling and/or equipment • Furnishings, Fixtures and Equipment of any kind • Owner's Contingency www.kreizenbeck.com 213 E. 38TH STREET■ GARDEN CITY, IDAHO 83714 ■ 208.336.9500 ICR No.RCE-764 Kreizenbeck Constructors ATTACHMENT #3 TO EXHIBIT A — GMP AMENDMENT CONTRACT DOCUMENT SCHEDULE CITY OF MERIDIAN Meridian Police Station Re-roof and RTU Replacement Project 1401 E. Watertower Street Meridian, Idaho 83642 www.kreizenbeck.com 213 E. 38TH STREET■ GARDEN CITY, IDAHO 83714 ■ 208.336.9500 ICR No.RCE-764 Kreizenbeck Constructors ATTACHMENT #3 TO EXHIBIT A — GMP AMENDMENT CONTRACT DOCUMENT SCHEDULE Meridian Police Station - Re-roof and RTU Replacement Project 1401 E. Watertower Street Meridian, Idaho 83642 KC PROJECT NO. 24-085 October 1, 2024 CONTRACT DOCUMENTS are issued by Lombard-Conrad Architects dated 09/11/2024 Mechanical —Cator Ruma Electrical — Eidam and Associates ADDENDUM None SPECIFICATIONS Issued by Lombard-Conrad Architects dated 09/11/2024 (240 PAGES) DRAWINGS Issued by Lombard-Conrad Architects dated 09/11/2024 (11 PAGES) GENERAL 0.0 COVER SHEET ARCHITECTURAL A2.3 DEMOLITION ROOF PLAN A2.4 ROOF PLAN MECHANICAL MO.O MECHANICAL LEGENDS & NOTES MO.1 MECHANICAL SCHEDULES M2.0 MECHANICAL ROOF PLAN DEMOLITION M2.1 MECHANICAL ROOF PLAN ELECTRICAL EO.0 ELECTRICAL COVER SHEET E1.0 OVERALL ELECTRICAL PLANS E2.OE ROOF ELECTRICAL PLAN www.kreizenbeck.com 213 E. 38T"STREET■ GARDEN CITY, IDAHo 83714 ■ 208.336.9500 ICR No.RCE-764 Kreizenbeck Constructors ATTACHMENT #4 TO EXHIBIT A — GMP AMENDMENT MASTER PROJECT SCHEDULE CITY OF MERIDIAN Meridian Police Station Re-roof and RTU Replacement Project 1401 E. Watertower Street Meridian, Idaho 83642 www.kreizenbeck.com 213 E. 38TH STREET■ GARDEN CITY, IDAHO 83714 ■ 208.336.9500 ICR No.RCE-764 Act • Description SEP OCT • ID Dur Start Finish i i i • i i i 1000 Construction Documents Completed 3d 11SEP24 13SEP24 I Construction Documents Complete . . . . I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1010 Building Permit 15d 16SEP24 04OCT24 Building Permit I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1020 Bidding 14d 16SEP24 030CT24 bidding ' I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1030 ReviewBids/GMP 10d 04OCT24 170CT24 �Review Bids/GMP I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1040 Notice to Proceed 5d 180CT24 11 NOV24 I l L Notice to Proceed I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1050 Process Submittals&Procure Materials 90d 250CT24 03MAR25 I I rk7=Process Submittals&Procure Materials r r r T I I I I I I I I I I I I I I I I I I I I I I I 1060 Weather Constraint 1d 03MAR25 03MAR25 I I I I I I I I I I I I I I I I I I I I I Weather Constraint ! I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ( I I I I I 1070 Construction 55d 04MAR25 19MAY25 I I I I I I I I I I I I I I I I I I I I I Construction I I I I I ( I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1080 Project Closeout 10d 20MAY25 02JUN25 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Idr==Project Closeout I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1090 Project Completion 1d 03JUN25 03JUN25 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I E-Project Completion I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Start date 11SEP24 O Earlybar Finish date 03JUN25 Kreizenbeck Constructors O Progress bar Data date 11SEP24 Run date 01OCT24 MPD Re-Roof and RTU Replacement O Critical bar Page number 1A Master Project Schedule Summary bar ©Primavera S terns,Inc. 1 O/O4/24 O Start milestone point O Finish milestone point E IDIAN�- )AH AGENDA ITEM Department Reports C� fIEN DL4,,A H �. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Dave Miles Meeting Date: November 6, 2024 Presenter: Dave Miles Estimated Time: 10 mins Topic: American Rescue Plan Act (ARPA) Funding Discussion Recommended Council Action: Approve obligation of ARPA funds to the finalized costs of identified projects. Background: The Federal Government allocated COVID relief funding under what is known as the American Rescue Plan Act (ARPA). Council last had discussion on the ARPA funding options on November 14, 2023 which can be found HERE. Through the Coronavirus State and Local Recovery Funds Program (SLFRF),the City was directly allocated funding of$12.8 million (M). To date,the City has officially obligated $1.83M in project funds and has expended $1.68M in project funds. A report referencing the most recent Q3 2024 report provided to the US Treasury reporting portal is attached. As stated by the US Treasury ARPA funding guidance,the Treasury identified four general categories of uses: • Responding to the public health emergency or its negative economic impacts • Providing premium pay to eligible workers • Providing government services (via replaced lost revenue) • To make necessary investments in water, sewer, and broadband infrastructure Additionally, in January of 2022, the US Treasury updated guidance with the guidance rule providing a standard allowance of$10M for revenue loss toward "government services"'. This change in revenue loss methodology allowed Meridian to apply up to $10M of the total $12.8M Meridian ARPA funding to government services projects,which has been the direction staff have been working under since that time in discussions with Council. Discussion: With the ARPA funding being one-time money, strategies to expend the money on one-time capital needs make the most sense, rather than spending funds toward on-going expenses. Staff have progressed pursuing these projects as it is prudent Meridian consider projects that satisfy broad community needs, lower capital costs, meet long-term investment goals, and lower ongoing (operational) costs to the community. 1 US Department of Treasury. 2022. Coronavirus state&local fiscal recovery funds: Overview of the final rule. Retrieved from https://home.treasury.gov system/files/136/SLFRF-Final-Rule-Overview.pdf Page 1 of 2 Staff is seeking approval from City Council to obligate the remainder ARPA funds that the City received to the projects which were discussed with the body on November 14, 2023. Projects costs are summarized below. • Biosolids Drying Clean Water (5.5) $7.6M • Fire Station #8 Revenue Loss (6.1) $3.4M With Council's approval of the identified projects, the remainder of the City ARPA funds to be obligated ($11,014,722) would be obligated before December 31, 2024, and all ARPA funds expended prior to December 31, 2026 satisfying the Treasury rules for the ARPA. The biosolids drying project came in higher construction and total service costs than previously estimated at approximately$5.7M in construction. With an additional $1.7M in construction services and design the total project cost is $7,404,010. Additionally, staff recommend an additional three percent (3%) contingency be utilized via the ARPA funding, or another $200,000 approximately. This contingency approach would allow for standard practice of obligating some contingency funding,while not over allocating ARPA funds to contingency should those funds not be needed. Obligating these funds to the biosolids project would leave approximately$3.4M left to obligate to the public safety facilities discussed in November 2023. In review with Finance,the associated costs of the Fire Station #8 project that can be attributed to revenue loss allocation of ARPA funds are up to approximately$6.3M,while those allowable and associated costs for the NW Police Station are approximately$2.8M. Rather than splitting funds across two projects, it is easiest (from ARPA and City financial reporting processes) to obligate the remaining$3.6M to the Fire Station #8 project,which would fully obligate all of Meridian's ARPA funds under that approach. Staff is seeking approval to proceed with this approach. Under that direction, staff would come back to Council with a project contract for the biosolids project, and then immediately follow up with a project expenditure contract for obligating the remainder $3.6M to Fire Station #8 over the next several weeks, ahead of the December 31, 2024 Treasury obligation deadline. Encl: COM ARPA Report_10 312024 <end> Page 2 of 2 Total SLFRF E IDIAN�- 12,845,509 IH 0 OBLIGATED EXPENDED Description Amount EC Description Amount EC Emergency Housing Assistance 250,000.00 2.2 Emergency Housing Assistance 250,000.00 2.2 SLFRF-Consulting Services 150,000.00 7.1 SLFRF-Consulting Services 61,396.00 7.1 Fire Station/Police Precinct - 6.1 Fire Station/Police Precinct - 6.1 Fiber Connectivity - 6.1 Fiber Connectivity - 6.1 Biosolids Drying 298,046.88 5.5 Biosolids Drying 298,046.88 5.5 Biosolids Drying 692,992.00 5.5 Biosolids Drying 635,215.08 5.5 Biosolids Drying - 5.5 Biosolids Drying 4,738.00 5.5 Biogas (CHP) 39,748.05 5.7 Biogas (CHP) 39,748.05 5.7 Wood Rose Apartments Housing Affordability 400,000.00 6.1 Wood Rose Apartments Housing Affordability 400,000.00 6.1 Total Obligated 1,830,786.93 Total Obligated 1,689,144.01 Left to be obligated 11,014,722.07 Left to be expended 11,156,364.99 POSSIBLE OBLIGATIONS Description Amount Police Precinct 2,809,235.60 Fire Station#8 6,341,678.60 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Parks and Recreation Department: Settlers Park Expansion and Future Community Center Mayor Robert E. Simison City Council Members: E IDIAN Luke Cavener, President Liz Strader, Vice President A H a Brian Whitlock Doug Taylor John Overton Anne Little Roberts October 15, 2024 MEMORANDUM TO: Mayor Robert Simison and City Council FROM: Steve Siddoway, Parks & Recreation Director RE: Settlers Park Expansion and Community Center Background Since our last discussions with Council we have been working on a draft layout of the Settlers Park expansion and a floor plan for the future Community Center that meets the vision. In addition to the draft layouts, we have been working on a draft staffing plan that allows us to grow into the facility over time using existing staff. We have also been working on developing operational costs associated with the Community Center. Objective To have Council provide feedback on the Settlers Park expansion and Community Center layout so that we can host a public outreach meeting in November. Meridian Community Center City Council Presentation: November 6, 2024 PropertyLocation tL Legend f___; Meridian City Limifs Parcels � I Subject Property y 11 . 365 Acres W ASH — Adjacent to Settlers Park APPLE I Purchased from West Ada d z WEST ADA SCHDDt School District � a 4 m DISTRICT CITY OF d W WOOf)p ix MERIDIAN aC x EIPfOF MEIUDIAN UJ i t NIL ; WIUSTICK-Ra - -- - ,€ USTfCK Rd- aim a= - � err rr� The mF---fion shown on this mop h—pled from wrio rces cnd b subject fo consfnnf revision.The Cify of Meridian makes no wwra my or gear 0—-fo the content,accuracy,fimermess,ar completeness&—y of the dafo p—ded,and o---—!eac]rasp.nsiblity for the inf—fion aonioined—ihis mop. ' Vision Document IFNI" Meridian Comm unity Center Building Program Ouldoor Play Area lEvent Lawn 2024 Draft Following is the draft program for the Community Center,suhjecl to refinement through o Pate rea the design process: a Col.lec:ed to Community Room a Pla•:Struciure The Vision; t Large C}ammun%-Room:'r,a ti-p-noose Sports and Activity Space+1-6.000 sf a East=a•_il•g to connecl with exisling park a For a,ce ga[he'ings and- E:er:s The ne.v`,1e idian Colnmuniiy Center will10e the Cir:'s I-L o fcr c0111r".11 ed.Icaiion a MOti-P.Irocse gynl Flcci rg;nct r:•aa•:I flaOrkg? Parking&Del:er. prccrars. ':'e r:i-I cFe classes arc ac:ir-ties far:I"ild'en tee la acluls o Didnic e:c accon'c•nld •au aie ccr"I7.Ini:,:ecation classes o 1CL-spaces fcr the rci nuriiy center. senio's.and famlies rr Llti-I;.';:=_e'a:rs c-='rolls sizes.•fill nos:ac:1v ties and City- o S:age[like an elerlentar(school Ganl area! o Accesslo a stal.s.as raquife•d b.,code sponscre:l ccn'I7.ini:-ever- er: '7.Inc -gym,spacewiil he multi-purpose for sports, ❑ C•VE law for City-league sports ° Drop C7rshor term parking area as.':sl as variEiy of ClassEs ar•:I ctl"a a•.liwities. ° 5lorage ° Del-er.area° Note ._cd tional park'rg%vil'be needed ad'aver:aihei pa k uses:i.e.cog Presence&Materials: • 3 Multi-Purpose Classrooms+1-900 sf park, o Ls another 22-j-:-spaces fcr`,1,3:;,rldi:Cra 'ar,e'+er:packing o For-lasses.meetings etc. a Note Create an access from:I-a ncltl-om ing area to the exisi rc earl. Co,nun y Cl c be:I cold ICI' a pr I't clul'at gr al'd'•7: ntaintEl'lies T'pl - main[elanca sn"; -•ease a=I"'ss ar-ess connection from the scu-1- Com'nunily•Center sncLl;l I-arE a presence at 5round Ie:el that invites people into an o Sink anc•:a17 ne:s in each - -I - park rc area[C:na Lr•aa;a aoac lot the south. attractive,inw-tin;space. • 1 Corfe•el,e;CCI'"-:'-3CC-4=0 sf a For a-ar e:.-c rcnngiur.ity organizalion meetings Communitu Center Uses: • Arts&Crafts F.ccrn rl-1.500 sf Use t•:aes fcrihe•C anlr,unity Cenierwill include multiple classes and camps for all o S:o'a•aa ages .ledare acesr"alafCelfcrmarces.5eicai:-s.rnes ':1eslt.sp�ill besle a Floa'd'ars Draft Vision Document sclYe•:I.IIa•:I aI"c•ase-e;.I I e.a Issas s4lnnYsr aanYl;s.1•"eei I"•gs •=i:-sl:c•ts leaguesl, o Space fcr a small kiln � othe's I'"a'-be:II'c1;.r:i.e ICI:•a'-..TILE"aci Ii,: :I reel le a:ccr-'nc:a a lldt'ple L'=_er a S:a•age groups s.1..1.[aneclsl:. Suilimg secmity 1e Oajge aC=Est,reels iC be:wsldel'ec 9c Fitnessfl'cga Room+1-1,500 sf the building may be used when nol staffed. �o Far Summarizes Building a variety of exeserG Gasses Size: Demonstration Kitcher Classroom+I-1,it10 sf The approximate size oflhe Community Center is 20,000 square feet.A maximum of a Cate'in;k mlic l fci sai ming?serving,and demonstrations Program 22,827 square feet is eligible for park impact fees. OficesP,'ecrksta[icirs o RECaI:•[ICI'''t•I':C•7.Inter Community Center Defined: a 1 large Coen c•=ca area v.itll 3 Sx8 workstations+f-70fl sf Based on all public a 1 t:ale•d C-icefci Faclt- `,1ara•ger What ii is: Tile omlrLIMit:Cenier•a'il'p-ovide rra�y le.:and ef.aance•:I pic;rams and o CCU lfer spl�c al;!3.lplplj storage feedback to date serJI:ES.�;dn a'•7�L9 Or�On1iY1LI't• e:.�L:a[ICn -I-e nE•.':•C 0111"L n[•:CEI':ef'.':I be a o Brea,.;'ea.:sl-<arcicacrais series of milli-use rooms fcr classes.camps,meetings,and City-sponwred e•:ents as described above. Lobby 1 egtiCl .ig 1=.pea Sreaf .-.pea&Tables from surveys open What i'.�s ne: It is I"oi i1":ence•:I as a place fcr I;ri•ra[e e��:enis •.:e:.Icings,or padies;this o Area for Pool+FoosballfPing Pong tables function 5J I re left:a the pwa:a se:,7' li is rO:a pe-•7.1'"rg ars center:while our ReslrOOmS houses etc. canll-L n[•:I'EedS a fU[L a oerfcrnlilg arts:enter.i:'::I be a sel;i me croiect from this a Men's&Women's one It is rat a iEcfeation canter.•.:I"„cn tyo,cal.• ,rcl.Idss.:sights arc•-at o 2 Family Restrooms with sealing for changing area and showers � equipment.anchor ar I'doorpool. We intend to work with the YbICA for future a No separale locker moms Vision will continue to partre'shios:o fill n s Need. ' Storage o Lo's o`[ e?�,t reeds-3D e ying design development s;o o Decernal ze.rot al,in cne ceation. evolve during design klechanic Room o Washer and Dryer hookups development a Floor a IT sink }''{'C �+ �{ UGCESS �1TRr'1T Y a HVAC EXECUTE Community Center - Key Features • Access Control - to Minimize Staffing Needs • Flex Space with Stage o Musical Performances/Plays o City Events o Sports Activities - • 3 Multi-Purpose Classrooms o 1 - Camps/Other -� y o 2 - Flex/Can Be Combined • 3 Specialty Classrooms o Arts Et Crafts +' o Fitness/Dance/Yoga o Cooking Demonstration • Office and Storage Space • Possible Fire Prevention Office Location -- -------------------------------------------------------------- -, 0 O Floor Plan FLEX I I STORAGE I I I I I I I I I I I I I I I FAX jSPPPE II I ,•� STAGP. 4! ! I I I ------ STORAGE I -- _ �F+CM.EAN1 �PCklfA+�ll , I ¢CKLEALL - WOMEht 4APIG16AL I ¢I I I j MEN STORAGE MECHANICAL CLASSROOM CLASSROOM =1€ER{IS= , FUTURE WdL d.EN HALL4.3 RRFUTURE FIRE pYLWOMENi F#l.4EP ;m RECEPTION AqBoRA FmEr.' DEMO QNFERENOE ARTS KITCHEN CRAFTS •;�f}I'fnr;L _7111116E OPEN lillhl OFFICE OFFICE R00M 1 AND '=• STORAGE O s_ J. Sample Renderings Front VF JPD- aqml: 114 f oe WEST ELEVATION • r Sample Renderings Rear 4 y - `fir. r !` F � ;8FF � Y r J,4'S�� •� M=� IN r, IL--- *{ EAST ELEVATI.Q. N o . - - - �=FONT E�ITi�'f. RE�EPTIO�I �� ;, �ECEf�71� ODKING EAST S- Staffing We will use Existing Staff Weekdays: 2 Promotions o Recreation Coordinator to Facility Manager o Seasonal Classes Et Camps Coordinator to Full-Time Move additional Recreation Staff to assist with Daytime Coverage Use Access Control - Evenings and Weekends Future CFP Positions (3) Site Supervisors (FY2030+) Park Expansion / Site Layout ' = - Site Design Key Features • 340 parking spaces o Includes MYB Overflow Parking • Community Center • Large and Small Dog Park • Open Play Green Space p Y p • Pathway Connections I Site Plan +I - I SETTLERS PARK 1 I mj ti f -- f PLAYOROL!#t-D i • - rL L DOG x COMMUNMv C=°FER _ rt l }4 .a `--4x IYJIwgOtl RESfaEN7T}lL I R['JIAY OPEN PLAY x•. FT.LIJ U4RGIE UIX' 'LI I I I , Y f VENABLE AVE. Site Plan / .5 SETTLERS PARK i - -- " PLAYGROUNb sMa-LL oG l F; COhhMUf�iTY _ CENTER COMMERCIAL OPEN INLAY A ` •1S7 �T� .'J`.'4 RiOP-0FF: LARGE DOG ,Mir r VENABLE AVENUE TO USTICK RD. Timeline Fall 2024: Schematic Design, Staffing Options, Operational Costs ------- Public Open House 40M ------- Council Check In: What moves forward into Design Development--------- Winter2024 - Spring 2025: Design Development/Construction Documents --------Council Check In: Present Refined Design and Architect/Engineer's Cost Estimate------ Late2025: Bid/Obligate Funds --------Council Check In: Present Construction Contract -------- 2026 - 2027: Construction FY2028: Community Center Open Note: This draft schedule will be adapted moving forward based on new information during the process. m pact fees Community Center Et Park Expansion are 100% Eligible for Park Impact Fees Maximum of 22,827 sf eligible Current Park Impact Fee Balance (as of 10/ 16/24): $19,800,000 Impact Fees for the project have been collected What happens if we don't spend those funds soon? If the existing impact fees are not obligated to a specific impact fee eligible project by 2026, they will be subtracted from the impact-fee eligible funds that can be collected for future projects during the next impact fee study. Next Steps Public Open House Neighborhood Feedback will be key Will Mail Postcards to '/4 Mile Radius (increased from typical 300' radius) Will invite the Community via Social Media Return to City Council with Final Schematic Design/Early Design Development For Additional Council Review Et Feedback Questions? Thank You