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HomeMy WebLinkAbout2025-04-15 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, April 15, 2025 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Doug Taylor Councilman John Overton Councilwoman Anne Little Roberts Councilman Brian Whitlock Councilman Luke Cavener Mayor Robert E. Simison ABSENT Councilwoman Liz Strader ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Cavener, Seconded by Councilwoman Little Roberts. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock, Councilman Cavener 1. Driftwood Subdivision Release of Sanitary Sewer and Water Main Easement (ESMT-2025-0021) 2. License Agreement Between the Ada County Highway District and the City of Meridian for a New Restroom at the Fivemile Creek Trailhub 3. Interagency Agreement with City of Nampa for Water and Streetlight Construction/Roadway Construction - Ustick Road, Phyllis Canal to Owyhee Storm Widening 4. Development Agreement (3970 E Overland Rd H-2024-0053) Between City of Meridian and David C Roe, as Personal Representative of the Estate of Sandra Jean Roe, Deceased, in Ada County, Idaho, Probate Case No. CV14-22-09665 for Property Located at 3970 E Overland Rd. 5. Development Agreement (District at Ten Mile H-2023-0071) Between City of Meridian and Ten Mile West Commercial LLC and NIBAC LLC and Hotel-SLC LLC for Property Located at the Northwest Corner of S. Ten Mile Rd. and Interstate 84 6. Agreement for Use of Kleiner Park for Capital Community Egg Hunt Special Event by Capital Christian Center, Inc. 7. Approval of Construction Contract to Prusik Construction, LLC for Lakeview Golf Course - Restrooms 2025 Sites 3 & 4 for the Not-To-Exceed amount of $234,500.00 and authorize the Procurement Manager to sign and to issue the resulting purchase order ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 8. Department Report: Acquisition of Approximately 40.82 Acres for a Future Community Park 9. Fiscal Year 2025 Budget Amendment in the Amount of $4,250,000 for the Purchase of Real Property for a Community Park Site Approved Motion to approve made by Councilman Whitlock, Seconded by Councilman Overton. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock, Councilman Cavener RESOLUTIONS \[Action Item\] 10. Resolution No. 25-2512: A Resolution Approving that Certain Real Estate Purchase and Sale Agreement Between the City of Meridian and Owyhee Holdings, LLC Concerning the City’s Acquisition of 39.911 Acres for a Future Community Park; Approving Related Agreements and Instruments; Authorizing the Mayor to Execute the Real Estate Purchase and Sale Agreement and Related Agreements and Instruments; Authorizing the Mayor to Execute All Other Documents and Perform All Other Acts Reasonably Necessary to Effectuate the Purchase of the Real Property; and Providing an Effective Date Approved Motion to approve made by Councilman Whitlock, Seconded by Councilman Overton. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock, Councilman Cavener 11. Resolution No. 25-2513: A Resolution Approving that Certain Real Estate Purchase and Sale Agreement Between the City of Meridian and Intermountain Gas Company Concerning the City’s Acquisition of 0.909 Acres for a Future Community Park; Approving Related Agreements and Instruments; Authorizing the Mayor to Execute the Real Estate Purchase and Sale Agreement and Related Agreements and Instruments; Authorizing the Mayor to Execute All Other Documents and Perform All Other Acts Reasonably Necessary to Effectuate the Purchase of the Real Property; and Providing an Effective Date Approved Motion to approve made by Councilman Whitlock, Seconded by Councilman Overton. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock, Councilman Cavener ORDINANCES \[Action Item\] 12. Ordinance No. 25-2078: An ordinance (3970 E Overland Road – H-2024-0053) annexing a parcel of land that includes Ada County Highway District right-of-way, to be annexed into the City of Meridian, said parcel being located in a portion of the southeast quarter of the southwest quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit “A”; rezoning 1.120 acres of such real property from R1 (Estate Residential) to the C-G (General Retail and Service Commercial) zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with 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. Approved Motion to approve made by Councilman Taylor, Seconded by Councilman Overton. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock, Councilman Cavener 13. Ordinance No. 25-2079 : An ordinance (District at Ten Mile H-2023-0071) for rezone of parcels of land located in a portion of the southwest quarter of the northeast quarter of Section 15, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described in Exhibit “A,” rezoning 188.70 acres of land from the H-E (High-Density Employment), C-C (Community Business), and TN-C (Traditional Neighborhood Center) zoning districts to the R-15 (Medium High-Density Residential) (33.61 acres) and C-G (General Retail and Service Commercial) (155.09 acres) zoning districts in the Meridian City Code; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date. Approved Motion to approve made by Councilman Taylor, Seconded by Councilman Overton. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Whitlock, Councilman Cavener ADJOURNMENT 4:53 PM Meridian City Council Work Session April 15, 2025. A Meeting of the Meridian City Council was called to order at 4:37 p.m. Tuesday, April 15, 2025, by Mayor Robert Simison. Members Present: Robert Simison, Luke Cavener, Liz Strader, John Overton, Doug Taylor, Anne Little Roberts and Brian Whitlock. Members Absent: Liz Strader. Others Present: Chris Johnson, Bill Nary, Kurt Starman, Steve Siddoway, Jamie Leslie, Steve Taulbee and Dean Willis. ROLL-CALL ATTENDANCE 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 April 15th, 2025, at 4:37 p.m. We will begin this afternoon's work session with roll call attendance. ADOPTION OF AGENDA Simison: First up is adoption of the agenda. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Move we adopt the agenda as presented. Little Roberts: Second. Simison: Motion and second to adopt the agenda. Is there any discussion? If not, all favor signify by saying aye. Opposed nay? The ayes have it and the agenda is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. CONSENT AGENDA [Action Item] 1. Driftwood Subdivision Release of Sanitary Sewer and Water Main q Easement (ESMT-2025-0021) Meridian City Council Work Session April 15,2025 Page 2 of 11 2. License Agreement Between the Ada County Highway District and the City of Meridian for a New Restroom at the Fivemile Creek Trailhub 3. Interagency Agreement with City of Nampa for Water and Streetlight Construction/Roadway Construction - Ustick Road, Phyllis Canal to Owyhee Storm Widening 4. Development Agreement (3970 E Overland Rd H-2024-0053) Between City of Meridian and David C Roe, as Personal Representative of the Estate of Sandra Jean Roe, Deceased, in Ada County, Idaho, Probate Case No. CV14-22-09665 for Property Located at 3970 E Overland Rd. 5. Development Agreement (District at Ten Mile H-2023-0071) Between City of Meridian and Ten Mile West Commercial LLC and NIBAC LLC and Hotel-SLC LLC for Property Located at the Northwest Corner of S. Ten Mile Rd. and Interstate 84 6. Agreement for Use of Kleiner Park for Capital Community Egg Hunt Special Event by Capital Christian Center, Inc. 7. Approval of Construction Contract to Prusik Construction, LLC for Lakeview Golf Course - Restrooms 2025 Sites 3 & 4 for the Not-To- Exceed amount of $234,500.00 and authorize the Procurement Manager to sign and to issue the resulting purchase order Simison: Next up is the Consent Agenda. Cavener: Mr. Mayor? Simison: Council Cavener. Cavener: Move we approve the Consent Agenda, for the Mayor to sign and the Clerk to attest. Little Roberts: Second. Simison: Have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: No items were removed from Consent Agenda. Meridian City Council Work Session April 15,2025 Page 3 of 11 DEPARTMENT / COMMISSION REPORTS [Action Item] 8. Department Report: Acquisition of Approximately 40.82 Acres for a Future Community Park Simison: So, we will move on to Department/Commission Reports. First up is Item 8, which is a department report acquisition of approximately 40.82 acres of future community park. Turn this over to Director Siddoway. Siddoway: Thank you, Mayor, Members of Council. It's my pleasure to stand before you today and bring this potential property purchase forward, something we have been working on for a year and we are near the finish line of what's been a -- a long, but very good process. So, I'm going to present to you the highlights of what we have been working on. I know it was last before you in January with the letter of intent, so I know you are all familiar with where we were going, but still I'm going to -- let's start with the location. So, I have got the park site on here with a star and I also labeled Owyhee High School, because that's the -- probably the closest knowable landmark and so this park site sits about a mile to the west and a little bit north of where Owyhee High School is. The -- some of the major crossroads on here. This is Can-Ada and, then, this is McMillan along here. Ustick is down below and so that -- that's the location of the park. If you will remember about last fall back in October I stood before you and gave you my overview of the next ten years and the future Meridian park system. So, I thought this would be a good segue there, because I presented to you at that time -- the ones in the bright pink are all of the -- the future parks and this one over here in the northwest corner of the city is the property we are talking about tonight. So, this is one we have been anticipating for a while and had built into our future plans and, yeah, that's the location and -- that's part of The Fields District. So, this is the -- the park site itself. You can see the shape and -- and we just want to talk about the colors on the map here just a little bit. The green outline is the outline of the park. You can see what will be a future collector road along the west side of that park and, then, I will talk about the yellow and the blue. The yellow piece is that -- that corner is a piece of property that's part of Intermountain Gas that would become part of the park, because the -- the future collector will cut through it and, then, the blue piece would be a remnant piece of the Owyhee holding property that would, then, go to Intermountain Gas, because it's on their side of the future collector. So, that's where the Intermountain Gas property gets involved in this. So, here is the highlights. We would be acquiring 39.9 acres from Owyhee Holdings. About .9, acres which -- or just less than an acre from Intermountain Gas, the piece in the yellow. And so the total park site is 40.8 acres. The cost of that property -- we would be purchasing from Owyhee Holdings that land for 3,925,587 dollars. The value of that land is just under seven million dollars. So, the difference is over three million dollars, which would be a donation to the City of Meridian from that group and Mark Bottles, who is here, has been instrumental in orchestrating that -- that donation and putting this together. The Intermountain Gas piece does not -- is not a donation. That would just be purchased at fair market value of 168,684. So, a total cost of 4,094,271. There are some closing costs on top of that, but that -- all of those funds we have been anticipating and come out of our park impact fees. So, with that we have Meridian City Council Work Session April 15,2025 Page 4 of 11 some next steps on your agenda. The first is a budget amendment. The budget amendment was -- is on there as 4,250,000 dollars. We did just receive the closing cost estimates just this morning and in talking with Kurt Starman, who has also been instrumental in putting all the legal side of this together, we can either approve it as is or we can reduce it down to 4,115,000, which would cover the closing costs. The end result will be the same, because, regardless, any amount that we don't spend just goes back into the park impact fund at the end of the day. So, either way is fine. And, then, there are two resolutions following. One for the purchase from Owyhee Holdings and one for the land purchase from Intermountain Gas and we are scheduled to close with the title company in a couple weeks on April 30th. So, I want to thank -- say a public thank you to the Mark Bottles team and -- in particular -- and Lee Mueller on -- his team has been in working with us over the last several months and helping to coordinate this partnership and donation and the purchase and also want to recognize while I'm being the voice, Kurt Starman, who is here, you know, deserves a whole lot of the credit in helping us piece this together. As you can tell from the number of attachments there are many pieces to this puzzle, but -- and so owe a lot to the two gentlemen that stand behind me in helping us put this together, but I'm excited to bring this forward and I will stand up for any questions. Simison: Thank you, Steve. Council, any questions? Overton: Mr. Mayor? Simison: Councilman Overton. Overton: Not so much a question as a comment. You know, we were one of the -- a couple of us got to tour this property early on to take a look at it and see how its usability was for a future park and we are all pretty impressed with where it was and how it sat. Really want to just say initially a thank you for all the hard work you and Kurt and Mark Bottles did to help put this thing together and what a great opportunity it is for the city in an area where we really needed a park. The second thing, just so it's clear as mud as we move forward. We are looking at funding this acquisition from impact fees and we are not looking at impacting the General Fund monies to make this acquisition. Siddoway: That's correct. Yeah. We are a save before you spend organization and we have anticipated the acquisition of this land and it's part of our impact fee fund and that's where the fund money comes from Simison: All right. Thank you very much. 9. Fiscal Year 2025 Budget Amendment in the Amount of $4,250,000 for the Purchase of Real Property for a Community Park Site Simison: So, with that -- I don't know if Steve needs to present officially Item 9, but next up is a fiscal year 2025 budget amendment the amount of 4,250,000 for the purchase of real property for a community park site. Meridian City Council Work Session April 15,2025 Page 5 of 11 Whitlock: Mr. Mayor? Simison: Councilman Whitlock. Whitlock: We are on agenda item No. 10? Simison: Number 9. Whitlock: Nine. Okay. Do I need to make a motion to approve then? Simison: That would be the one, yes. Whitlock: Move that we approve Agenda Item No. 9, fiscal year 2025 budget amendment in the amount of 4,250,000 dollars for the purchase of real property for a community park site. Overton: Second. Simison: I have a motion and a second to approve Item 9. Is there discussion on the motion? If not, clerk call the roll. Roll Call: Cavener, yea; Strader, absent; Overton, yea; Little Roberts, yea; Taylor, yea; Whitlock, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. RESOLUTIONS [Action Item] 10. Resolution No. 25-2512: A Resolution Approving that Certain Real Estate Purchase and Sale Agreement Between the City of Meridian and Owyhee Holdings, LLC Concerning the City's Acquisition of 39.911 Acres for a Future Community Park; Approving Related Agreements and Instruments; Authorizing the Mayor to Execute the Real Estate Purchase and Sale Agreement and Related Agreements and Instruments; Authorizing the Mayor to Execute All Other Documents and Perform All Other Acts Reasonably Necessary to Effectuate the Purchase of the Real Property; and Providing an Effective Date Simison: Next item up is Item 10, which is Resolution No. 25-2512. Do I have a motion? Whitlock: Mr. Mayor? Meridian City Council Work Session April 15,2025 Page 6 of 11 Simison: Councilman Whitlock. Whitlock: I was so anxious I was going to jump to that before we did a budget amendment. I would move that we approve agenda Item No. 10, Resolution No. 25- 2512 for the purchase of real property. Overton: Second. Simison: Have a motion and a second to approve Resolution No. 25-2512. Is there any discussion? If not, clerk call the roll. Roll Call: Cavener, yea; Strader, absent; Overton, yea; Little Roberts, yea; Taylor, yea; Whitlock, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. 11. Resolution No. 25-2513: A Resolution Approving that Certain Real Estate Purchase and Sale Agreement Between the City of Meridian and Intermountain Gas Company Concerning the City's Acquisition of 0.909 Acres for a Future Community Park; Approving Related Agreements and Instruments; Authorizing the Mayor to Execute the Real Estate Purchase and Sale Agreement and Related Agreements and Instruments; Authorizing the Mayor to Execute All Other Documents and Perform All Other Acts Reasonably Necessary to Effectuate the Purchase of the Real Property; and Providing an Effective Date Simison: Next up is Item 11, which is Resolution No. 25-2513. Whitlock: Mr. Mayor? Simison: Councilman Whitlock. Whitlock: I would move that we approve agenda Item No. 11, Resolution No. 25-2513 for the purchase of certain real property. Overton: Second. Simison: Have a motion and a second to approve Resolution No. 25-2513. Is there discussion on the motion? Cavener: Mr. Mayor? Simison: Councilman Cavener. Meridian City Council Work Session April 15,2025 Page 7 of 11 Cavener: Real quick now that the budget amendment has been approved and one of the purchase agreements has been authorized, I feel like -- real confident where this other one is going. I just want to thank Mr. Bottles, Mr. Starman, Mr. Siddoway. remember when there was a lot of discussion about Owyhee. It's like that felt so far away and I was out there this week and it sure feels a whole lot closer than I remember it. But there is important infrastructure that's out there. We have got the school, got a fire station out there, roads and I think this addition of a park is really vital infrastructure to serve our current and future residents. So, Mr. Bottles, thank you for your help on this and Mr. Siddoway, Mr. Starman, your navigation and keeping us informed of the process is just master class and I'm really excited for our residents to see this move forward. Simison: I would just like to echo that -- I didn't know if anyone else wanted to speak, but I echo the sentiments and appreciate the collaborative approach of everyone to make this happen and, obviously, the -- the value donation that's out there, a lot of -- a lot of things could have been -- a lot more money could have been made by selling this property in a different way, but the community gets built because of people stepping in and helping making it happen. So, really appreciate it and this will be a special place once it's all moving forward. So, thank you very much. Whitlock: Mr. Mayor? Simison: Councilman Whitlock. Whitlock: Last year I think my -- one of my very first meetings as a newly appointed council member was with Council President Cavener and Steve and we sat down and looked at what opportunities might be out there and this at that point was just an opportunity. I think Bottles and Mr. Siddoway and Mr. Starman had some initial conversations and asked the question what if and I remember Council President Cavener saying they are not making more dirt and when we have an opportunity to preserve some open space and -- and develop parks we need to take a serious look at that. So, from one of my very first interactions as a newly appointed council member it was looking forward to this day when that area of the city, one of the fastest growing areas of the city, would have some space set aside for a quality park and great opportunities for the city ahead, so I echo the comments that have been made so far and express my appreciation for all the hard work that's gotten us to this point. I look outside, it's a beautiful sunshiny day, a great day to approve the acquisition of a new park in the city of Boise, so thank you, Mr. Mayor. Simison: Meridian. Whitlock: Or Meridian. Did I say Boise? Sorry. Simison: All right. Whitlock: Thank you, Mr. Mayor. Meridian City Council Work Session April 15,2025 Page 8 of 11 Simison: Any further comments? If not, clerk call the roll. Roll Call: Cavener, yea; Strader, absent; Overton, yea; Little Roberts, yea; Taylor, yea; Whitlock, yea. Simison: All ayes. Motion carries and the item is agreed to. We look forward to closing on this property soon and making it official, so congratulations everybody. MOTION CARRIED: FIVE AYES. ONE ABSENT. ORDINANCES [Action Item] 12. Ordinance No. 25-2078: An ordinance (3970 E Overland Road — H- 2024-0053) annexing a parcel of land that includes Ada County Highway District right-of-way, to be annexed into the City of Meridian, said parcel being located in a portion of the southeast quarter of the southwest quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; rezoning 1.120 acres of such real property from R1 (Estate Residential) to the C-G (General Retail and Service Commercial) zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with 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: With that we will move on to Item 12, which is Ordinance No. 25-2078. Ask the clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an ordinance annexing a parcel of land that includes Ada County Highway District right-of-way, to be annexed into the City of Meridian, said parcel being located in a portion of the southeast quarter of the southwest quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A", rezoning 1.120 acres of such real property from R-1 to the C-G zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with 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. Meridian City Council Work Session April 15,2025 Page 9 of 11 Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody that would like it read in its entirety? If no, do I have a motion? Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Move that we approve Ordinance No. 25-2078. Overton: Second. Simison: Have a motion and a second to approve Ordinance No. 25-2078. Is there discussion? If not clerk will call the roll. Roll Call: Cavener, yea; Strader, absent; Overton, yea; Little Roberts, yea; Taylor, yea; Whitlock, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. 13. Ordinance No. 25-2079 : An ordinance (District at Ten Mile H-2023- 0071) for rezone of parcels of land located in a portion of the southwest quarter of the northeast quarter of Section 15, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described in Exhibit "A," rezoning 188.70 acres of land from the WE (High-Density Employment), C-C (Community Business), and TN-C (Traditional Neighborhood Center) zoning districts to the R-15 (Medium High-Density Residential) (33.61 acres) and C-G (General Retail and Service Commercial) (155.09 acres) zoning districts in the Meridian City Code; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date. Simison: Next item up is Item 13, which is Ordinance No. 25-2079. Ask the clerk to read this ordinance by title. Johnson: Thank you, Mr. Mayor. It's an ordinance for rezone of parcels of land located in a portion of the southwest quarter of the northeast quarter of Section 15, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described in Exhibit "A," rezoning 188.70 acres of land from the H-E, C-C, Meridian City Council Work Session April 15,2025 Page 10 of 11 and TN-C zoning districts to the R-15 and C-G zoning districts in the Meridian City Code; directing city staff to alter all applicable use and area maps, as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; 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? Seeing none, do I have a motion? Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Move that we approve Ordinance No. 25-2079. Overton: Second. Simison: Have a motion and a second to approve Ordinance No. 25-2079. Is there a discussion? If not clerk call the roll. Roll Call: Cavener, yea; Strader, absent; Overton, yea; Little Roberts, yea; Taylor, yea; Whitlock, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. Simison: Council, we have reached the end of our work session. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Move we adjourn the work session, Little Roberts: Second. Simison: Motion and second to adjourn the work session. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 4:50 P.M. Meridian City Council Work Session April 15,2025 Page 11 of 11 (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) Luke Cavener, Council President 4-22-2025 ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Driftwood Subdivision Release of Sanitary Sewer and Water Main Easement (ESMT-2025-0021) Ada County Recorder Trent Tripple 2025-022887 Boise,Idaho Pgs=1 vbailey 04/15/2025 04:55:08 PM CITY OF MERIDIAN IDAHO$0.00 Electronically Recorded FULL RELEASE OF EASEMENT TYPE OF EASEMENT BEING RELEASED: Sanitary Sewer and Water Easement GRANTEE: CITY OF MERIDIAN GRANTOR: Alturas Ustick LLC and Brighton Ustick LLC INCLUDING SUCCESSORS AND ASSIGNS WHEREAS, by easement dated August 15 . 2023 and recorded as Instrument Number 2023-046924 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 15th day of April 2025 CITY OF MERIDIAN Robert E. Simis n,MAyor —) 4-15-2025 Attest by Chr Johns&,,r i,. Jerk 4-15-2025 STATE OF IDAHO. ) : ss. County of Ada ) This record was acknowledged before me on 4-15-2025 (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)p) Na&ycWo_q CHARLENE WAY Notary Signature 3-28-202 COMMISSION No. 67390 My Commission Expires: NOTARY PUBLIC STATE OF IDAHO Version 01/01/2020 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: License Agreement Between the Ada County Highway District and the City of Meridian for a New Restroom at the Fivemile Creek Trailhub 0 cz a c o '► as o 0 Ca o 0 0 � N >, Co '— CN cB C1.— O = O CB U m >' COC"i >, N cn � p O O U �" � = c N - Z Q ca- c p cz C J -O 2 O- O p ca N O C!� N c0 O E � .0 >c " N .O- 3 W o Q) U CZ � p U W 0 o!E cu �c� o c a oy = W = a> C.o H nCN z a N � c H � .2 a oU E cB a � � � � � i< Q oU —_ H 0 o N c Cl) co a) H N c6 0cn O a o � x a s a� U a> > L i o Q i i ca C i 0 i Q C6 N j Cp1 V H 'y inZ ~ Fo- U = Qc ,� v� i c6 4- O _ O Gl o a) Q O c Zo C coj = i yN Y a Z >, U C-) Z3 o E 2 a f— in (n m o c� c0iC, co C7 � c c co U � L>_ �- Q Ca o > a> a� Cl) cn co a) -_ co iN o Op = x -a cn o i a> Y m � U � W � a � Q O � c � � s in m L cn = a_ Z E � N o >, o o a) o 0 0 0 O m ° w Z W a c > CD Q �_ L p V va e w --O O a a WI— mc =QN o � c UQ a) OL a•U W o ° w U U o > Mm==m oa� 0p3m �en .N x d I U) o � o m m c6 a -a ai tf a ( �' ' . W =¢W ) < 0 - ca W te �= = U (n a) a) � o � E U ( J -E _ I ' -. aNE U a) co g o o f a� o o W o n a m v m 3 Qa) U U � o o � -o a> cc a) 0 m mU xs O 6 � o -U cm a cn ,c .i cu W e> (n o NNm U 6 - NCOO O W _ •mcy ) O U CO -a i h = _ W O (6 > -O cn � Z C N N = O •LU C- Cl) -O_•N =3 >, o CN Q Qoa m x U_ >, a�cu m c N w > fl.. E cc CD -0 0 ¢ avi O z O >. O = (n a Z U) a� a N N L W p ca o a� U U Q ca — O U a> Q �+- o E � o ai E U a> = 3 o n (n o a> a a) ZMo � c 75 - cn > E oQ a, �' o cn o o F aC�D m ,wo C C CV N .0 O Co > Q t C14O V U ° o ca cn U' vi . . � � c6 � iii O � coin Q aD � U = _ •i aZMd Qv U CLc U c O O <n a � cn � � 0 � QCO, � Q a voi mQ cats if no curb and putter). Design, construct, install, and maintain art structures at the Trailhub entrance as shown in Exhibit E. ACHD is indemnified and will not be held liable for any claim due to and including but not limited to injury and/or death on the items licensed to be constructed upon the Property. (Note to Licensee: NO trees have been proposed upon the Property or within ACHD R/W, Storm Drain Easement, or Roadside Swales with this request. If Licensee wishes to amend this License Agreement to include the installation of trees, Licensee must provide to the District the License Agreement Request Application and attach the amended exhibit showing detail of trees to be installed. Roadside Swale Criteria: Only 1 tree per lot line is allowed located at the backside of the swale. Pressure Irrigation Systems shall include a dedicated irrigation line operated by the HOA). Licensee to contact Digline Inc., prior to start of construction. Licensee to contact Construction Services at 387-6280 to verify if a construction permit is required. 2.2 This Agreement does not extend to Licensee the right to use the Property to the exclusion of ACHD for any use within its jurisdiction, authority, and discretion or of others to the extent authorized by law to use the public right-of-way. If the Right-of-Way has been opened as a public Highway(as used in the Agreement the term"Highway"is as defined in Idaho Code§40-109(5))Licensee's Authorized Use is subject to the rights of the public to use the Right-of-Way for Highway purposes. Licensee's Authorized Use is also subject to the rights of holders of easements of record or obvious on inspection of the Right-of-Way and statutory rights of utilities to use the public right-of-way. This Agreement is not intended to, and shall not, preclude or impede the ability of ACHD to enter into other similar agreements in the future allowing third parties to also use its public rights-of-way, or the ability of ACHD to redesign, reconstruct, relocate, maintain and improve its public rights-of-way and Highways as authorized by law and as it determines, in its sole discretion, is appropriate. SECTION 3 CONSTRUCTION, OR INSTALLATION OF IMPROVEMENTS Any repairs or maintenance, of the Licensee's improvements currently located on the Property or the installation or construction of improvements by Licensee on the Property as permitted by the Authorized Use, (the "Improvements"), shall be accomplished in accordance with designs, plans and specifications approved in advance and in writing by ACHD as required to satisfy applicable laws, its policies and good engineering practices. In approving such plans and specifications, ACHD assumes no responsibility for any deficiencies or inadequacies in the design or construction of the Improvements, and the responsibility therefor shall be and remain in Licensee. SECTION 4 WAIVER AND ESTOPPEL STATEMENT BY LICENSEE Licensee acknowledges and agrees that the license granted herein is temporary, and merely a permissive use of the Property pursuant to this Agreement. Licensee further acknowledges and agrees that it specifically assumes the risk that the license pursuant to this Agreement may be terminated before Licensee has realized the economic benefit of the cost of installing, constructing, repairing, or maintaining the Improvements, and Licensee hereby waives and estops itself from asserting any claim that the license is in any way irrevocable because Licensee has expended funds on the Improvements and the Agreement has not been in effect for a period sufficient for Licensee to realize the economic benefit from such expenditures. LICENSE AGREEMENT— LAC2025-0017— Page 2 (rev 3/25/25 klk) SECTION 5 TERM 5.1 The term of this Agreement will commence on the day and year first above written and will continue until terminated by ACHD, with or without cause, which termination shall be effective following THIRTY (30) DAYS advance written notice of termination given to Licensee. Upon expiration of the THIRTY (30) DAYS, ACHD shall record a Revocation of Master License Agreement in the Official Real Property Records of Ada County, Idaho. 5.2 If Licensee defaults in the performance of any obligations incumbent upon it to perform hereunder ACHD may terminate this Agreement and the rights extended to Licensee hereunder at any time, effective at the end of THIRTY (30) days following the date ACHD shall provide written notice of termination to Licensee,which notice shall specify such default(s). Licensee shall have such THRITY(30) day period to correct and cure the specified defaults, and if so corrected and cured, to the satisfaction of ACHD, this Agreement shall not be terminated but shall continue in full force and effect. SECTION 6 FEE. There is no fee for the Licensee's Authorized Use of the Right-of-Way under this Agreement. SECTION 7 MAINTENANCE: FAILURE TO MAINTAIN; RELOCATION OF UTILITIES 7.1 At its sole cost and expense, Licensee shall maintain the Improvements in good condition and repair and as required to satisfy applicable laws, the policies of ACHD and sound engineering practices. Licensee shall have access over, across, and upon the Property for the purposes of accomplishing such repair and maintenance. 7.2 If the Highway on and/or adjacent to the Property is damaged as a result of: (i) the performance by Licensee of the maintenance required by section 7, or the failure or neglect to perform such maintenance; and/or (ii) Licensee's design, installation or use of the Improvements, regardless of cause; at its sole cost and expense Licensee shall forthwith correct such deficiency and restore the Highway and the surface of the Property to the same condition it was in prior thereto, and if Licensee shall fail or neglect to commence such correction and restoration within twenty-four(24) hours of notification thereof,ACHD may proceed to do so, in which event Licensee agrees to reimburse ACHD for the costs and expenses thereof, including, without limitation, reasonable compensation for the use of staff and equipment of ACHD. 7.3 Notwithstanding the provisions of section 7.2, should an emergency exist related to the Licensee's use of this license which threatens the stability or function of the Highway on or adjacent to the Property or the safety of the public use thereof, ACHD shall have the right to immediately perform, on behalf of, and at the cost of Licensee necessary emergency repairs. 7.4 Licensee will be responsible for the relocation of any existing utilities located on the Property as may be required in connection with any construction or installation of Improvements by Licensee within the Property. LICENSE AGREEMENT— LAC2025-0017— Page 3 (rev 3/25/25 klk) SECTION 8 RELOCATION OF IMPROVEMENTS If during the term of this Agreement ACHD requires, in its sole discretion, at any time, and from time to time, that the Highway on and/or adjacent to the Property be widened and/or realigned, redesigned, improved and/or reconstructed, Licensee hereby accepts responsibility for all costs for relocating, modifying or otherwise adapting the Improvements to such realignment and/or relocation and/or reconstruction if required by ACHD, which shall be accomplished by Licensee according to designs, plans and specifications approved in advance by ACHD in writing; provided ACHD gives Licensee adequate written notice as necessary to allow Licensee to redesign, relocate, modify or adapt the Improvements to the realignment and/or relocation and/or reconstruction of the Highway and also licenses Licensee such additional area of its Property, if any, as may be necessary for the proper operation of the Improvements. SECTION 9 PERMIT If the proposed construction and installation of the Improvements, or any reconstruction, relocation, or maintenance thereof requires Licensee to obtain a permit underACHD policies, Licensee shall first obtain such permit from ACHD(Construction Services Division) before commencing such work, and pay the required fees and otherwise comply with the conditions set forth therein. SECTION 10 NO TITLE IN LICENSEE. Except as expressly provided herein, the terms and conditions of this Agreement shall not create any type of property right, title, or interest in Licensee in or to the Property other than the right to temporarily use the same pursuant to the terms of this Agreement. SECTION 11 NO COSTS TO ACHD. Any and all costs and expenses associated with Licensee's Authorized Use of the Property, or any construction or installation of Improvements thereon, or the repair and maintenance thereof, or the relocation of Improvements or utilities thereon, or the restoration thereof at the termination of this Agreement, shall be at the sole cost and expense of Licensee. SECTION 12 TAXES AND ASSESSMENTS. Licensee agrees to pay all special assessments and personal property taxes that may be levied and assessed on the Improvements during the term of this Agreement. SECTION 13 RESTORATION ON TERMINATION. Upon termination of this Agreement, Licensee will promptly remove all Improvements and restore the Property to at least its present condition. Should Licensee fail or neglect to promptly remove the Improvements and restore the Property,ACHD may do so, and assess Licensee for the costs thereof. Provided, ACHD and Licensee may agree in writing that some or all of such Improvements are to remain on the Property following termination, and by entering into such an agreement Licensee thereby disclaims all right, title, and interest in and to the same, and hereby grants such Improvements to ACHD, at no cost. Further provided, if the Authorized Use of the Property under this Agreement is for landscaping upon ACHD Property and the irrigation and maintenance thereof, and the general purpose government with jurisdiction has adopted ordinances, rules, and regulations governing the landscaping and maintenance of such Property by owners of the adjacent property,to the extent such owners are obligated to maintain and irrigate the landscaping Licensee need not remove the same from the Property. SECTION 14 INDEMNIFICATION Licensee hereby indemnifies and holds ACHD harmless from and against any and all claims or actions for loss, injury, death, damages, mechanics, and other liens, arising out of the failure or neglect of Licensee, Licensee's employees, contractors, and agents, to properly and reasonably make Authorized Use of the Property or properly construct, install, plant, repair or maintain the Improvements thereon, or that otherwise result from the use and occupation of the Property by Licensee, and including any attorney fees and costs that may be incurred by ACHD in defense of such claims or actions LICENSE AGREEMENT— LAC2025-0017— Page 4 (rev 3/25/25 klk) indemnified against by Licensee hereunder. For claims or actions arising out of failures or neglect occurring during the term of this Agreement, Licensee's obligations pursuant to this section shall survive the termination of this Agreement. SECTION 15 COMPLIANCE WITH LAW; WASTE AND NUISANCES PROHIBITED In connection with Licensee's use of the Property, throughout the term of this Agreement Licensee covenants and agrees to: (i) comply and observe in all respects any and all, federal, state and local statutes, ordinances, policies, rules and regulations, including, without limitation, those relating to traffic and pedestrian safety, the Clean Water Act and/or to the presence, use, generation, release, discharge, storage or disposal in, on or under the Property of any Hazardous Materials (defined as any substance or material defined or designated as hazardous or toxic waste, material or substance, or other similar term, by any federal, state or local environmental statute, regulation or occurrence presently in effect or that may be promulgated in the future); (ii) obtain any and all permits and approvals required by ACHD or any other unit of government; and (iii) commit no waste or allow any nuisance on the Property. Licensee covenants and agrees to indemnify and hold ACHD harmless from and against any and all claims, demands,damages, liens, liabilities and expenses (including without limitation, reasonable attorneys' fees), arising directly or indirectly from or in any way connected with the breach of the foregoing covenant. These covenants shall survive the termination of this Agreement. SECTION 16 ASSIGNMENT. Licensee, upon the prior written consent of ACHD, may sell, assign or otherwise transfer this Agreement. Upon execution of the Assignment,the assignee assumes all obligations, warranties, covenants, and agreements of Licensee herein contained. SECTION 17 ATTORNEYS' FEES In any suit, action, or appeal therefrom to enforce or interpret this Agreement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorney's fees. SECTION 18 NOTICE Any notice under this Agreement shall be in writing and be delivered in person, or by United States Mails, postage prepaid, or by public or private 24-hour overnight courier service (so long as such service provides written confirmation of delivery), or by facsimile verified by electronic confirmation. All notices shall be addressed to the party at the address set forth below or at such other addresses as the parties may from time to time direct in writing by notice given the other. Any notice shall be deemed to have been given on(a)actual delivery or refusal, (b)three(3)days following the day of deposit in the United States Mails, (c) the day of delivery to the overnight courier, or (d) the day facsimile delivery is electronically confirmed. If to ACHD: Ada County Highway District 3775 Adams Street Garden City, Idaho 83714 Attn: Right of Way Division If to Licensee: City of Meridian, Parks and Recreation 33 E Broadway Ave Meridian, Idaho 83642 LICENSE AGREEMENT— LAC2025-0017— Page 5 (rev 3/25/25 klk) °�' � �p_ o o (33N O o a � • Q o U L v o t U a) CO �- O S Q) o Q) LPQ E-1 O cL6 U J i N -0 U L <C (v O Q) Q) c cn coO O O Q) O c O Q w U U 1 r 1 J a N X fl m a a) Q) X a w N a7 (n S= m Q) E Q) a) �. t _N V i Cll to X C N -O a) ..Q 0 ` N � 0 0 O `� N Q o ? U O o a) cpo O Q m cfl o c 2 � a) HE ��• L >, Q � 0 f= � po � N — - U U S Q a) 2 m 0 In o u t ry o O s= Cn Q U � O a) oQ .� � W x n o ✓p a) v p cis Q) a) L O N C) 0 tt +L+ v o _ a) U N z� �, X S a) Q o Q) U O o 0 � o -0= O — c Q -0 -0 > � a U 2 0- H Q) Cn O O 00 c cn C7 — Q) cOII N a CO a � m aoi ms � a) (3.) Z O o a) Q- ca L U O N co CJ � -0 0 ( U Q -o - " C6 oQ d U o 0 N C4cn c/7 x Cn a) m Cf) — o) CO u1 � ~ N i <t (n ct3 ¢ a O �--. c =o o o 0 = cn 0)S o m a) a) '3 A317 o io 0 xZ U O N L > O � � N CO a O ' '-OU O , W ca Q m cU O Q) m o Cl)< Q o o 0 W J c a) 0o� X � O CT ocn co W w Cn O -� cCs )o o ��,o a Zj Li z o w0 o o � E w o N =3 O LLJ o O .2 � aw�W o .im � o . LL U Q - Ua CL ZU coc Z N a) LO ¢ ZZ. N N `Vo a U)O O m 0 oO Ncn m0ow O aiQ C ~ C CON - � a) wNCM > LU a) U a U ' E oc- c = -Ez �= a) co p > m CO = CO C Cn 0!� CO c�a cn ___I 0 E W W W W W W I— oU 0 J U `= ^� �� N ca LL Q) L O L Q) ca O � Q � (6 ` O (1) -O a� Z - Q) E C Cll CO ca c6 cB E ca y a U) N - Q) i N cd C N p — C0O .� O c0 Of cu d — X U :2 X aI U N N a) O d X U O � O N U � U cn OQ x � Z N n O Q) cn O d a) E cc6 E k ci � ca a o a ca-a o Y C zll,� O z ca O O7 � CCc 0 C 'G _ N p cB N N / cue v 1! U m p o o � � ® �o oap < >' a co LO Q) N N a- CD N U C 0a) a f` N � tJ7 O O O S O E N O LO N ` O C O N a� OO p U Q o Q) Q) -0 cn � L U W Q O C6 N O LL ♦♦♦ S •�•��•�• ��i CU CB� w Y o �♦ 0. �i � c9 W I— o o cva :.yo7 b 2 �;0� "1 W w • a • `n Q F' wY LO cB > �t ttrt � U I-- N� ♦ O >, ( zp OU U N�co Q co � > _ 0 � o o z ca Cn U U -� EXHIBIT A Authorized Use Filemile Creek Trailhub X Art Structures 40' sigh \ W-Nelis Dr triangle Entrance I ign U Restroom Facility APN: SO435326200 d R --Utility Connection X d -- z i This map is a representation of features on the ground and is not survey-grade 1: 720 Q accurate.ACHD shall not be liable for any inaccuracies thereon. I LICENSE AGREEMENT- LAC2025-0017- Page 8 (rev 3/25/25 klk) Exhibit B Restroom Facility Design PROJECT REFR:n 956-61I i/2024L Q� all FLOOR PLAN SCwF�.011O SCa�E 'HISCGNCEPRIAIJPRE—NARYGE— AND THE SD RENOEANG b AN ARIISRC O61GK rtO NOT=D 9E OANN E%nCl RENDISICM OF TrE nNlyrvRoouc�.eoK��reMsrwr[mENE 7RARRIIB ND,oRsuRJ�,o�ANDE CREEK rwnp AwRRo�P�JEcr oE�LcoPr�l+r FIVEMILE PROJECT REPO:11956-6/7!1202" hkEO N�x�6W 51'-9'FC%1F O1ERpLL / �® \ F ll'i-1FIUILpIM004EW1iL] ' I I I SnOGU WI gI61G it rf REC PI�M1£l, --- EFb1NTICM1R --- mC0 /� IR5yA,5npy5 �1 ELEVATION 1 IL �'eiu. A. MEEKrtRoots I cdw cNwaEs —— 7 m �1r — I I wl Fxmn ~ — STJ[CO W�Rg10 RsuuTlaFs 1 -- FLOOR PLAN o ELEVATION 2 aF,,R EKALTREHOR�ON OF flf FlR15H TROSULT 6'JMERENL NAY NOT EE 6T0.WARLI ANDV OREIIRIELT TO LHAIF]E WRMG M0.ECT[IELELOPMEM El11wlNenr- RES ROOM OLALOINR oee° ra COMPANY WYOtllli CREEK TRAILMIR 6YEn�E ewar�e.LE.reTem o``w''•p':f""�"" WRIOJAK IDARO LICENSE AGREEMENT— LAC2025-0017— Page 9 (rev 3/25/25 klk) POWER SERVICE DETAILS f j NCRTH INSTALL METERED ~� PEDESTAL IN 10' AC HD REQUIRES CIT,Y;OF4MERIb1AN h EASEMENT SOUTH OF THE GETS'A`LICENSE�AGREEMENT,FOR "-I FENCE THE CONDUIT iN THE RIGHT OF WAY ! a r l INSTALL 2'CONDUIT FROM _ PEDESTAL TO JUNCTION BOX' "-IDAHO POWERjTgPROVIDE CONDUCTOR FROM JUNCTION Box TO PEDESTAL'OANDJHE METER'ONCE _ ELECTRICALIPERMIT HAS PASSED*. W Wilder L it W Wil-e ' I Exhibit D Monument Sign Design FIVE MILE CREEK TRAILHUB ENTRY SIGN TRADEMARK CREATIVE 02/20/24 134in 120in angle of river inset 22.5' 10in stud mounted letters 24in mosaic applied R 'thin inset ryr�'4 .751n approz depth of V thickness Indents in of mosaic li P concrete FIVEF°ILE CREEK with II II backer II II 4 t'=l /'� a f7 Il I�IT fl D 1I II IL"fUJ L/rn-.\� ILIA ILI"LJI ICI Ill IL=IS 4 II 11 II 48in II II II II 11 II II II 3430 NORTH j p Bin TEN PULE ROAD y P SCALE 127 ground line 181n SCALE:1:20 'w r FIVEMILE CREEK TRAILNUB . Ir—1 3430 NORTH a - r of ' �P + r TEN MILE ROAD :`��''� LICENSE AGREEMENT— LAC2025-0017— Page 11 (rev 3/25/25 klk) Exhibit E Art Structures I f' S �►�K i_L A - I r F' II f LICENSE AGREEMENT— LAC2025-0017— Page 12 (rev 3/25/25 klk) E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Interagency Agreement with City of Nampa for Water and Streetlight Construction/Roadway Construction - Ustick Road, Phyllis Canal to Owyhee Storm Widening Mayor Robert E. Simison City Council Members: C�qi Luke Cavener, President E JLUIAN Liz Strader,Vice President Brian Whitlock Doug Taylor John Overton Anne Little Roberts TO: Mayor Robert E. Simison Members of the City Council FROM: Micah Bandurraga DATE: 41412025 SUBJECT: INTERAGENCY AGREEMENT FOR WATER AND STREETLIGHT CONSTRUCTION/ROADWAY CONSTRUCTION—USTICK ROAD, PHYLLIS CANAL TO OWYHEE STORM WIDENING REQUESTED COUNCIL DATE: I. RECOMMENDED ACTION A. Move to: Approve Interagency Agreement with City of Nampa and authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Micah Bandurraga—Transportation Utility Coordinator 208-489-0352 Warren Stewart, City Engineer 208-489-0350 Laurelei McVey, Director of Public Works 208-489-0365 III. DESCRIPTION A. Background: City of Nampa is leading the road widening project for Ustick Road. Water line extensions and streetlighting infrastructure will be included in the project for Meridian's portion of the project. Partnering on the project gains efficiency, saves cost, and reduces roadway downtime. B. Proposed Project:Nampa, ACHD, and Meridian are partnering in a road widening and utility extension project for Ustick Rd—Owyhee Storm to Philis Canal. VII. LIST OF ATTACHMENTS: Interagency Agreement Approved for Council Agenda: Page 1 of 1 INTERAGENCY AGREEMENT FOR: WATER AND STREETLIGHT CONSTRUCTION/ ROADWAY CONSTRUCTION USTICK ROAD, PHYLLIS CANAL TO OWYHEE STORM WIDENING PWST250008 MERIDIAN PROJECT NO. 11419 THIS INTERAGENCY AGREEMENT FOR WATER AND STREETLIGHT CONSTRUCTION" ROADWAY CONSTRUCTION ("Agreement") is made and entered into this %ay of_ , 2DLS�by and between the CITY OF NAMPA, a municipality organized under the laws of the State of Idaho ("NAMPA"), and the CITY OF MERIDIAN, a municipal corporation organized under the laws of the State of Idaho ("MERIDIAN"), regarding MERIDIAN Project No. 11419. WHEREAS, NAMPA is a municipal corporation organized and operating pursuant to Idaho Code Title 50, as amended and supplemented with exclusive jurisdiction and authority to maintain, improve, regulate and operate public rights-of-way within the City of Nampa; and WHEREAS, both NAMPA and MERIDIAN_are municipal corporations organized and operating pursuant to Idaho Code Title 50, as amended and supplemented with jurisdiction, authority and police power to regulate and control municipal activities within their respective cities; and WHEREAS, Idaho Code § 67-2332 provides that one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity or undertaking which each public agency entering into the contract is authorized by law to perform, provided that such contract is authorized by the governing body of each party and that such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties; and WHEREAS, MERIDIAN and NAMPA desire to undertake a cooperative effort to incorporate MERIDIAN's water and streetlight infrastructure (collectively, "MERIDIAN Infrastructure") into NAMPA's construction project known as USTICK ROAD, PHYLLIS CANAL TO OWYHEE STORM WIDENING ("PROJECT"); and WHEREAS, MERIDIAN Infrastructure will be located in Ada County Highway District (ACHD) owned facilities on Ustick Road; and WHEREAS, NAMPA is willing to accommodate MERIDIAN's request to include construction of MERIDIAN Infrastructure and incorporate the MERIDIAN Infrastructure plans and specifications into the PROJECT, subject to the terms, conditions and obligations set forth in this Agreement; NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. MERIDIAN'S RESPONSIBILITIES: MERIDIAN shall: Interagency Agreement for Water and Streetlight Infrastructure Construction Page 1 of 6 a. Prepare Plans, Specifications, and an Estimate detailing MERIDAN Infrastructure to be incorporated into PROJECT, in conformance with the 2020 edition of the Idaho Standards for Public Works Construction (ISPWC) and the most current MERIDIAN Supplemental Specifications to the ISPWC. b. Deliver final ready for construction Plans, Specifications, and Estimate, described above, to the reasonable satisfaction of NAMPA, no later than February 11, 2025. c. Prior to Nampa bidding the PROJECT, or within thirty (30) days of the effective date hereof, whichever is later, pay to NAMPA the sum of $741,300.00 which is 105% of the estimated cost ($706,000.00) of the MERIDIAN Infrastructure to be incorporated into NAMPA's PROJECT. In addition to water and streetlight infrastructure, the foregoing estimated cost includes overhead, benefits, project administration costs (public advertisement of the Project, supplying bid plans, supplying construction plans, preparing and holding the preconstruction meeting, generating monthly pay estimates and paying the Contractor, preparing change orders, maintaining construction project files), general construction project oversight, mobilization, traffic control, flagging, detours and weekly meetings. d. Identify and provide to NAMPA contact information for a project manager whose responsibility is to administer the review, inspection and acceptance of MERIDIAN Infrastructure on behalf of MERIDIAN. i e. Review and approve contract submittals pertinent to the installation and acceptance of MERIDIAN Infrastructure, which approval shall not unreasonably be withheld, conditioned, or delayed. f. Timely inspect and accept, which approval shall not unreasonably be withheld, conditioned, or delayed, MERIDIAN Infrastructure installed contemporaneously with NAMPA roadway construction. g. Provide timely review and written concurrence or rejection of contract changes solely related to MERIDIAN Infrastructure work. h. Prepare final acceptance letter prior to authorization of final progress payment for MERIDIAN Infrastructure work. i. Review and approve monthly pay applications submitted by contractor prior to payment by NAMPA,which approval shall not unreasonably be withheld, conditioned, or delayed. j. Issue final acceptance of the MERIDIAN Infrastructure work. 2. NAMPA'S RESPONSIBILITIES: NAMPA shall: Interagency Agreement for Water and Streetlight Infrastructure Construction Page 2 of 6 a. Incorporate MERIDIAN Infrastructure into the PROJECT. Nampa will advertise, bid, and administer the construction contract in accordance with all applicable laws, including all laws applicable to procurement and public works contracts. b. MERIDIAN Infrastructure work will be bid as integral to the PROJECT. If the bid aggregate sum of MERIDIAN Infrastructure work exceeds 110% of the Engineer's Estimate, NAMPA will obtain written approval from MERIDIAN prior to award of the contract. c. Secure in its contract with the contractor and in performance bond terms the right to assign to MERIDIAN its rights under each instrument. NAMPA shall provide to MERIDIAN proof of such provisions prior to notice to proceed. d. Coordinate with MERIDIAN should any changes be made to MERIDIAN's portion of the work. e. Make monthly progress payments and the final payment to the Contractor for MERIDIAN's Infrastructure work pursuant to MERIDIAN's interim and final authorization to pay. f. Once MERIDIAN's infrastructure work is completed and accepted, NAMPA and MERIDIAN will reconcile actual MERIDIAN expenditures. MERIDIAN will pay NAMPA for MERIDIAN expenditures in excess of this agreement within 60 days of final reconciliation; NAMPA will refund to MERIDIAN any surplus funding within 60 calendar days of this final reconciliation. 3. LIMITATION OF NAMPA'S LIABILITY; RIGHT OF ASSIGNMENT NAMPA does not intend to incur any liability for the work performed by the contractor selected to complete the Project, including, without limitation, liability for injury to persons or property, liability associated with the workmanship, means, or methods of the contractor, or liability associated with the conformity of the work done with MERIDIAN's plans. The Parties acknowledge that the contractor selected to complete the work outlined in this agreement shall remain solely responsible for the construction and completion thereof. In the event a dispute arises between MERIDIAN and NAMPA as to the quality of the work or the conformity of the work to the plans provided by MERIDIAN to NAMPA (as required by Section 1(a) and/or 1(b), above), NAMPA shall have the right to assign its rights and remedies under said agreement with the contractor, including warranty and access to the performance bond, to MERIDIAN, in which event MERIDIAN shall then be solely responsible for pursuing any claims for defects, deviations, warranty work, or otherwise against the contractor. 4. THE PARTIES HERETO FURTHER AGREE THAT: a. In accordance with Idaho Code § 67-2332, the purposes, powers, rights and objectives of each of the parties are as set forth in the Recitals above. Each of the Recitals above is incorporated into the body of this Agreement. Interagency Agreement for Water and Streetlight Infrastructure Construction Page 3 of 6 b. NAMPA shall obtain MERIDIAN'S approval prior to commencement of any change order work involving the MERIDIAN'S Infrastructure. c. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect within the entire Project Boundaries for the purpose of reviewing the Project to locate any unstable areas and to resolve any items of concern or misunderstanding. d. This Agreement may not be enlarged, modified, amended, or altered except in writing signed by both of the parties hereto. e. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement. f. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action. g. Any action at law, suit in equity, arbitration, or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Canyon. h. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. i. Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of Article VI Il, Section 3 of the Idaho Constitution. The parties are governmental entities, and the validity of this Agreement is based upon the availability of public funding under the authority of each Party's respective statutory mandates._Notwithstanding anything in this Agreement to the contrary, each Party's obligations to the other under this Agreement shall be subject to and dependent upon appropriations being made by their respective city councils for such purpose. j. The validity, meaning and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. k. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to the other in any manner by any representations, warranties, covenants or agreements except as specifically set forth herein. I. The promises, covenants, conditions and agreements herein contained shall be binding on each of the parties hereto and on all parties and all persons claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. Interagency Agreement for Water and Streetlight Infrastructure Construction Page 4 of 6 m. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. n. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by both Parties. o. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, and both of which together shall constitute a fully executed agreement. p. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. q. This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person not a party hereto. r. All parties have been represented by legal counsel, and no party shall be deemed to be the drafter of this Agreement for purposes of interpreting an ambiguity against the drafter. s. Time shall be of the essence for all events and obligations to be performed under this Agreement. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: CITY OF NAMPA By: Y� By: ' Charlene Tim Debo h Kling City Clerk Mayor ATTEST: CITY OF MERIDIAN By: By: Interagency Agreement for Water and Streetlight Infrastructure Construction Page 5 of 6 Chris Johnson Robert E. Simison City Clerk Mayor STATE OF IDAHO ) ): ss County of Canyon ) On this 1�01 day of_VfafC� , 2025, before me, a Notary Public, personally appeared Deborah Kling and Charlene Tim, know or identified to me to be the Mayor and Clerk, respectively, of the City of Nampa, who 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. �1g111111 I l l f l l//�/� �"�.��°.�pN1E pjit%.,% 'ti' OTAR Notary Public for Idaho PUgb1G Residing at ���PYIQ�� Idaho �!►'%` My Commission Expires: i'���Sept 1�'•'��+ STATE OF IDAHOfr''au,,,,�I1F,`I�1``�```\ ): ss County of Ada ) On this day of 2025, 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 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 Idaho My Commission Expires: Interagency Agreement for Water and Streetlight Infrastructure Construction Page 6 of 6 W IDIAN� AGENDA ITEM ITEM TOPIC: Development Agreement (3970 E Overland Rd H-2024-0053) Between City of Meridian and David C Roe, as Personal Representative of the Estate of Sandra Jean Roe, Deceased, in Ada County, Idaho, Probate Case No. CV14-22-09665 for Property Located at 3970 E Overland Rd. Ada County Recorder Trent Tripple 2025-022883 Boise,Idaho Pgs=40 vbailey 04/15/2025 0455:08 PM. CITY OF MERIDIAN IDAHO$0.00 Electronically Recorded DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. >David C. Roe, as personal representative of the estate of Sandra Jean Roe, deceased, in Ada County, Idaho,Probate Case No. CV14-22- 09665 THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 15th day of �, C— 1 2025,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 David C. Roe, as personal representative of the estate of Sandra Jean Roe, deceased, in Ada County, Idaho, Probate Case No. CV1422-09665, whose "address is O hereinafter called OWNER/DEVELOPER: I. RECITALS: 1.1 WHEREAS,Owner is the sole owner, in law and/or equity, of certain tract of land in 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 § 67-651]A 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 I 1-58-3 of the Unified Development Code("UDC"),which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer have submitted an application for annexation and zoning;of 1.120 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 DEVELOPMENT AGREEMENT—3970 E OVERLAND ROAD(H-2024-0053) PAGE I OF 8 1.7 WHEREAS, on the 18" day of February, 2025, 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/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 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 David C. Roe, as personal representative of the estate of Sandra Jean Roe, deceased,in Ada County, Idaho, Probate Case No. CV14-22-09665, whose address is 1" &1.0. C��,0/4*ereinafter 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. DEVELOPMENT AGREEMENT-3970 E OVERLAND ROAD(H-2024-0053) PAGE 2 OF 8 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the concept plan and conceptual building elevations included in Section IV 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. Direct access to E. Overland Road is prohibited. c. Provide a 15-foot landscape buffer to the north and east along the north side of the property along with a six (6) foot privacy fence to block headlines from the residential property unless waived by Council. d. The Owner/Developer shall be required to rant cross-access/ingress-egress to adjoining property to the east by a recorded easement. A copy of the easement shall be submitted with the certificate of zoning compliance application. e. A Certificate of Zoning Compliance (CZC) and Design Review application shall be submitted and approved for the proposed commercial building prior to submittal of a building permit application.The design of the site and structures shall comply with the standards listed in UDC 11-3A-49; the design standards listed in the Architectural Standards Manual. f. Future development of the site shall comply with the ordinances in effect at the time of development. g. Development of the subject property shall comply with the C-G standards listed in UDC 11-213-3. The only uses allowed on the subject property are as follows: • Restaurant—excluding drive-through • Flex Space • Retail Sales • Professional and Personal Service; and • Office h. Business hours of operation within the C-G District shall be limited from 6:00 a.m. to 11:00 p.m. when the property abuts a residential use or district. DEVELOPMENT AGREEMENT-3970 E OVERLAND ROAD(H-2024-0053) PAGE 3 OF 8 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 67-6511A, 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. DEVELOPMENT AGREEMENT-3970 E OVERLAND ROAD(H-2024-0053) 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 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. 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: David C. Roe,Personal Representative Street: 184/ d4RAM110 E3,�vp, City/State/ZIP: 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 DEVELOPMENT AGREEMENT-3970 E OVERLAND ROAD(H-2024-0053) PAGE 5 OF 8 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. 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 DEVELOPMENT AGREEMENT-3970 E OVERLAND ROAD(H-2024-0053) PAGE 6 OF 8 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 upon execution of the Mayor and City Clerk. [end of text; acknowledgements, signatures and Exhibits A and B follow] DEVELOPMENT AGREEMENT-3970 E OVERLAND ROAD(H-2024-0053) PAGE 7 OF 8 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: David C. Roe, as personal representative of the estate of Sandra Jean Roe, deceased, in Ada County, Idaho,Probate Case No. CV14-22-09665 _ y P ' �v David C. Roe, Personal Representative State of^ C�-hO ) ss: County of� ) This record was signed or acknowledged before me on this S day of_ .j 2025,by David C. Roe,as personal representative of the estate of Sandra Jean Roe,deceased, in Ada County, Idaho, Probate Case No. CV 14-22- 09665. BETHANY WEEKS Notary Public-State of Idaho Commission Number 20231 S otota lic My Commission Expires Apr 03,2029 My Commission pires: OZ� CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 4-15-2025 Chris Johnson, City Clerk 4-15-2025 State of Idaho ) ss County of Ada ) On this 15th day of April 2025, before me, a Notary Public, personally appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho My Commission Expires: 3-28-2028 DEVELOPMENT AGREEMENT-3970 E OVERLAND ROAD(H-2024-0053) PAGE 8 OF 8 Personal Agreement I Vuong Nguyen am sole and separate from Dave Roe owner of 3970 East Overland Rd Meridian. Hereby will be held liable and responsible for following guidelines of development agreement as established by the city of Meridian as the Developer. I relieve Dave Roe from all liabilities held within the guidelines of the development agreement. The development agreement is intended to run with the land. And not be binding to Dave Roe current owner after a successful sale and closing to myself Vuong Nguyen. Vuong Nguyen Print. v , � ���Obate Sign. Date � - Notary Public My Commission Expires: Acknowledgment by Individual E State of County of &-off D i On this �da of 20 �. Before me, Name of Notary Public the undersigned Notary Public, personally appeared y LA 0 C) 5" \2G� Name of Signer(s) ❑ Proved to me on the oath of ❑ Personally known to me Proved to me on the basis of satisfactory evidence �i��U 1 ,-- U►��S� (Description of ID) to be the person(s)whose name(s) is/are subscribed to the within instrument, and acknowledged that he/she/they executed it. WITNESS my hand and official seal. TREVATIiOMPSON l Notary Public-State of Idaho Commission Number 20232115 My Commission Expires May 2 i, 2029 (Signature of Notary Public) My commission expires Gj Notary Seal Optional:A thumbprint is only needed if state stat- utes require a thumbprint. For Bank Purposes Only RightThumbprint Description of Attached Document of Signer Type or Title of Document Top of thumb here Document Date Number of Pages Signer(s) Other Than Named Above I Account Number(if applicable) I F001 - 00000DSG5350 - 01 DSG5350/595575(Rev 05-05/21) PORTSIDE LAND SURVEYING , LLC EXHIBIT A ANNEXATION LEGAL DESCRIPTION A parcel of land that includes Ada County Highway District right-of-way, to be annexed into the City of Meridian, said parcel being located in a portion of the Southeast Quarter of the Southwest Quarter of Section 16,Township 3 North, Range 1 East, Boise Merdian,said area of land being more particularly described as follows: Commencing at a found brass cap monument at the South Quarter corner of said Section 16,the True Point of Beginning; Thence along the South line of said Section 16, North 89°15'33" West a distance of 233.71 feet to a point of intersection of the centerline of S.Topaz Avenue and said South line,- Thence along said centerline, North 00°05'20"West a distance of 208.90 feet; Thence South 89°12'37" East a distance of 25.00 feet to the Southwest corner of Lot 17, Block 1, Plat of Jewel Subdivision, Book 34, 2056, records of Ada County; Thence along said Lot line, South 89°12'37" East a distance of 208.71 feet to a point on the East line of Rolling Hill Subdivision, Book 18, 1202, records of Ada County; Thence along said East line South 00°05'30" East a distance of 160.70 feet to a point on the North right-of-way line of East Overland Road; Thence South 00°05'30" East a distance of 48.00 feet to the True Point of Beginning. Said parcel containing 1.120 acres (48,793 Sq. Ft., more or less.) End Description Project No. 24-138 Prepared August 28, 2024 5�`cc � T 12722 b; O F R 'tJ�s IP -Zt zcZ� 3626 W. Hill Rd. Boise, ID 83703 (208) 484-6666 jim*ortsidesurvey.com -EXHIBIT ANNEXA TION MAP A PARCEL OF LAND INCLUDING ACHD RIGHT-OF-WAY, SAID PARCEL BEING LOCATED IN THE SE 114 OF THE SW 114 OF SECTION 16 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO JEWEL SUBDIVISION LOT 17, BLOCK 1 S 89'12'37" E 233.71' SCALE: 1"=50' 208.71 8 1/2 X 11 SHEET ONLY ' LEGEND zo PARCEL LINE 3 u') 5 - - CENTER LINE 0 SECTION LINE N ✓ �o N W �N — — — AGREEMENT AREA J Y 0 0 7 L o =o RIGHT-OF-WAY LINE o L D J z o o Z00 ----------- DIMENSION LINE Z o o Q FOUND BRASS CAP W / w • 518" REBAR, TO BE SET N 52'33'02" W N 89'14'30" W/ O FOUND 518" REBAR O 22.25 0.77' ® CALCULATED POINT P.O.B. POINT OF BEGINNING OF DESCRIPTION S 89'28'04" W 144.14' I w o k- 4 ©nTE1116 CORNER I o� F F16 1098.82' _ _ _ 233.71' A � W � _,- _ 16 N 89'15'33" W 1332.53' 2l E. OVERLAND ROAD 114 CORNER RADIUSN a P.O.B. v'9,�j�F OF C1 2048.00 46.14 46.14 N BF 3 13 W 1'1727 s R PORTS/DE LAND SUR EYING = ANNEXA TION AREA 3626 W. HILL ROAD, BOISE, ID 83703 PHONE. (208) 484-6666 s89°12'37"e 25 208.71 0 0 o o C12 v w 0 CEF O N O O 0 N D O O O Ja O CO C12 W O (D 233.71 n 9°t `w Annexation parcel closure 8/28/2024 Scale: 1 inch= 40 feet File: Tract 1: 1.1201 Acres(48793 Sq.Feet),Closure:s85.0440w 0.01 ft.(1/123404),Perimeter=885 ft. 01 n89.1533w 233.71 02 n00.0520w 208.9 03 s89.1237e 25 04 s89.1237e 208.71 05 s00.0530e 160.7 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI AND DECISION& ORDER In the Matter of the Request for Annexation, by Dominic Pera,JGT Architecture Case No(s).H-2024-0053 For the City Council Hearing Date of: January 14,2025, continued to January28,2025(Findings on February 11,2025) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of January 14,2025, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of January 14, 2025, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of January 14, 2025, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of January 14, 2025, 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 January 14,2025,incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(3970 E.OVERLAND ROAD AZ H-2024-0049) - 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 is hereby approved per the conditions of approval in the Staff Report for the hearing date of January 14, 2025, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. 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 11-5B-6F). FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(3970 E.OVERLAND ROAD AZ H-2024-0049) -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 67-651IA. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-6521(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 January 14, 2025 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(3970 E.OVERLAND ROAD AZ H-2024-0049) -3- By action of the City Council at its regular meeting held on the 18th day of February,2025. 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) ADU Mayor Robert E. Simi on 2-18-2025 Attest: is Johns '„Q City Clerk Copy served upon Applicant,Community Development Department, Public Works Department and City Attorney. By: n n w } '6 I. Dated: 2-19-2025 City Clerk's Office 0� FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(3970 E.OVERLAND ROAD AZ H-2024-0049) -4- COMMUNITY DEVELOPMENT C'/�fEPIDIAN*,­, DEPARTMENT REPORT HEARING 1/28/2025 Legend DATE: Project Location ". Area of Impact TO: Mayor&City Council }= City Limits K OAnalysis FROM: Linda Ritter,Associate Planner 208-884-5533 - lritter@merifiancity.org iF APPLICANT: Dominic Pera,JGT Architecture SUBJECT: H-2024-0053if 3970 E. Overland Road-AZ LOCATION: 3970 E. Overland Road, located in a portion of the SE 1/4 of the SW 1/4 of Section 16,Township 3N,Range IE, -" parcel: S 1116347191 I. PROJECT OVERVIEW A. Summary Annexation and zoning of 1.120-acres of land from the R-1 zone in Ada County to the General Retail and Service Commercial District(C-G) zoning district to construct a 4,800 square foot multi-tenant building with a portion being used for a restaurant. B. Issues/Waivers • Applicant is requesting a reduction of the 25-foot landscape buffer adjacent to the residential properties to the north and east. Property is in probate therefore staff cannot verify the letter received authorizing the landscape buffer reduction. The applicant is seeking a Council waiver to reduce the required landscape buffer as allowed under the UDC. C. Recommendation Staff: Staff recommends approval of the requested annexation per the conditions of approval included in Section IV in accord accordance with Findings in Section V. Commission: Approval D. Decision City of Meridian I Department Report I. Project Overview I1. COMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Use(s) Residential - Proposed Land Use(s) Commercial - Existing Zoning R-1 Ada County VII.A.2 Proposed Zoning General Retail and Service Commercial District(C-G) Adopted FLUM Designation Mixed-Use Regional(MU-RG) VII.A.3 Proposed FLUM Designation Mixed-Use Regional(MU-RG) Table 2: Process Facts Description Details Preapplication Meeting date 9/24/2024 Neighborhood Meeting 7/23/2024 Site posting date 11/15/2024 Table 3: Community Metrics Agency/Element Description/Issue Reference Ada County Highway District IVY • Comments Received Yes/Staff Report - • Commission Action No - Required • Access Topaz Avenue via E. Overland Road - • Traffic Level of Service Overland Road—Better than"E" - ITD Comments Received Yes/Email stating no comments for this project IV.G Meridian Public Works Wastewater IV.B • Distance to Mainline Sewer main is available in Topaz Ave • Impacts or Concerns See plat conditions Meridian Public Works Water IV.B • Distance to Mainline Water available at the site • Impacts or Concerns • Applicant will be required to extend water main down Topaz Ave.to their North boundary. • Engineer to verify if there is a well onsite.If a well is located on the site it must be abandoned per regulatory requirements and proof of abandonment must be provided to the City. • Water meter should come off the line in Topaz Avenue. Note: See City/Agency Comments and Conditions Section and public record for all department/agency comments received. 3970 E. Overland Rd.H-2024-0053(copy this link into a separate browser). City of Meridian I Department Report II. Community Metrics Figure 1: One-Mile Radius Existing Condition Metrics Reference Parcel:S1116347191 Date Retrieved:2024/10/25 Parcel Count Parcel Acreage Infill Indicator: Surrounding Area AIMI 94 215 18% Vot city 1& ® City Limits 1,713 1,008. ■ Not City Household Household& Population Growth Households 02020 Population Change:9.9% Population ■Growth (Household and Population Change since 2010 Decennial) 5,000 10,000 15,000 Use Types Residential Addresses All Addresses ■ Single-family 41% 32% 21% Multi-family 59 47% ® Commercial Preliminary Plats (last 5-years) Conditional Use Permit(last 5-years) Proposed Proposed Pending Pending Approved Approved 0 500 1000 1500 2000 0 500 1000 1500 ■ Single-family ® Multi-family See Additional Notes&Details for Staff Report Maps,Tables,and Charts. City of Meridian I Department Report II. Community Metrics Figure 2:ACHD Summary Metrics Level of Service Planning Thresholds 1. Condition of Area Roadways Traffic COUI)t is based on Vehicles per hour{VPH} Roadway Frontage Functional PM Peak Hour PM Peak Hour Classification Traffic Count Level of Service Overland Road 208-feet Principal Arterial 927 Better than °E" Topaz Avenue 162-feet Collector hl1A VA x Acceptable level of service for a five-lane principal arterial is "E" (1,780 VPH)_ x Acceptable level of service for a two-lane collector is 'D" (425 VPH). Notes: See 0. Figure 3: Service Impact Summary ImpactService . ■ Ready Marginal Caution o�y� vat �ae� F�t� o\`ce �a a��'•� .`o� �a\� �i\�e �a\� 00 011 o0 Qa Q- Notes: See Additional Notes&Details for Staff Report Maps,Tables,and Charts. City of Meridian I Department Report II. Community Metrics III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. General Overview The Future Land Use Map(FLUM)designates the area proposed to be annexed as "Mixed-Use Regional,"which is intended to encourage a balanced blend of employment opportunities,retail, residential dwellings, and public uses,particularly in areas near major arterial intersections. This designation supports a diverse and integrated community where residents can live,work, and shop without needing to travel far. The applicant is proposing a 4,800 square foot multi-tenant building with a restaurant. This site is part of a larger Mixed-use Regional area,and the developable area is less than an acre therefore, staff has not provided a full analysis on how the project meets the design concepts of the plan. Table 4: Proiect Overview Description Details History Located within Ada County and zoned RI Physical Features Within the floodplain Acreage 1.21 acres B. History Located within Ada County and zoned R1. C. Site Development and Use Analysis 1. Existing Structures/Site Improvements (UDC 11-1): The current use of the property is residential with several existing buildings on the property. The property consists of one home and two outbuildings. All structures will be removed, and the existing well and septic system will be abandoned as required. The applicant will need to submit a Certificate of Zoning Compliance (CZC) and Design Review (DES) application for review and approval prior to building submittal. 2. Proposed Use Analysis (UDC 11-2): The proposed use "restaurant"is a principally permitted use in the C-G zoning district. 3. Dimensional Standards (UDC 11-2): The proposal will be required to meet the dimensional standards for setbacks,parking requirements, maximum building height, landscape buffers and landscape requirements and for the C-G zoning district. 4. Specific Use Standards (UDC 11-4-3): The proposal shall meet the requirement of the specific use standards for a restaurant per UDC 11-4-3-49. At a minimum, one (])parking space shall be provided for every two hundred fifty(250)square feet of gross floor area. Upon any change of use for an existing building or tenant space, a detailed parking plan shall be submitted that identifies the available parking for the overall site that complies with the requirements of this title. D. Design Standards Analysis 1. Existing structure and Site Design Standards(Comp Plan 3.07.02A, Comp Plan 5.01.02D UDC 11-3A-19): Require pedestrian circulation plans to ensure safety and convenient access across large commercial and mixed-use developments. City of Meridian I Department Report III. Staff Analysis Require appropriate building design, and landscaping elements to buffer, screen, beautify, and integrate commercial, multifamily, and parking lots into existing neighborhoods. Buildings shall be designed in accord with the "City of Meridian Architectural Standards Manual." Per UDC 11-3A-19 pedestrian walkways shall provide a continuous walkway that is a minimum of five(5)feet in width from the perimeter sidewalk to the main building entrance(s)for nonresidential uses. The internal pedestrian walkway shall be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks. 2. Landscaping (UDC 11-3B): i. Landscape buffers along streets Per UDC 11-3B-8,the intent of these requirements is to ensure the long term and consistent maintenance of landscape buffers along streets that improve the visual quality of the streetscape,unify diverse architecture,and carry out the comprehensive plan policies related to promoting attractive street(s) and street beautification. The applicant is proposing water conserving design to reduce the required buffer along Overland Road by fifty(50%)percent as allowed per UDC 11-3B-50. ii. Parking lot landscaping Per UDC 11-3B-8,the purpose of perimeter and internal parking lot landscaping is 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 of pedestrians. The applicant needs to add an additional landscape island along the north side of the building as no linear grouping of parking spaces shall exceed twelve(12) in a row, without an internal planter island. The planter island shall run the length of the parking space and may be reduced by two (2)feet to allow for improved vehicular maneuvering. iii. Landscape buffers to adjoining uses Per UDC 11-3B-9, a landscape buffer is required in the C-N, C-C, C-G,L-O, M-E,H-E, and I-L districts on any parcel sharing a contiguous lot line with a residential land use. The landscape buffer is required in the I-H district on any property sharing a contiguous lot line with a nonindustrial use. The single-family residence to the north and the east will be required to be screened with a twenty-five(25)foot landscape buffer and a six(6)foot privacy fence. The applicant is requesting a reduction of the 25 foot landscape buffer adjacent to the residential properties to the north and east. The property is currently in probate therefore staff cannot verify the letter received authorizing the landscape buffer reduction. The applicant has the option of requesting permission from the probate court or requesting a waiver to reduce their landscape buffers. The applicant is requesting a Council waiver to reduce the landscape buffer to the residential use down to fifteen (15)feet. iv. Tree preservation The applicant will be required to submit tree protection and mitigation plans to City Arborist. Per UDC 11-3B-10, the applicant shall preserve existing trees four-inch caliper or greater from destruction during the development. v. Storm integration 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. City of Meridian I Department Report III. Staff Analysis 3. Parking (UDC 11-3C): i. Nonresidential parking analysis Per UDC 11-3C commercial buildings require one(1)parking space for every two hundred(250)square feet of gross floor area for restaurants. The total number of parking spaces required is nineteen (19). The applicant is proposing thirty-seven (37) parking spaces which exceeds the required number parking spaces for this proposal. NOTE: The parking for the site will be reduced by one stall due to the requirement for the applicant to provide another planter island along the north side of the building as mentioned above. ii. Bicycle parking analysis Per UDC 11-3C-6.G One (1) bicycle parking space shall be provided for every twenty- five(25)proposed vehicle parking spaces or portion thereof, except for single-family residences, two-family duplexes, and townhouses. Based on the thirty-seven (37)parking spaces provided, a total of two (2) bicycle parking spaces is required. 4. Building Elevations (Comp Plan 5.01.02D, Architectural Standards Manual): Conceptual building elevations were submitted for the proposed structure as shown in Section VII.F. Building materials consist of stucco, stone, wood and metal accent. Final design is required to comply with the design standards in the Architectural Standards Manual and recorded development agreement. The Comprehensive Plan's goal is to require appropriate building design, and landscaping elements to buffer, screen, beautify, and integrate commercial, multifamily, and parking lots into existing neighborhoods. 5. Fencing (UDC 11-3A-6, 11-3A-7): The applicant is proposing to install a six(6)foot high vinyl fence along the northern property line. The applicant will need to provide fencing on the residential portion on the east side of the property. Fencing shall comply with the requirements outlined in UDC H- 3A-7. E. Transportation Analysis 1. Access (Comp Plan 6.01.02C, UDC 11-3A-3, UDC 11-3H-4): Access to the property is from S. Topez Avenue via E. Overland Road in accord with UDC 11-3A-3. The applicant shall be required to grant cross-access/ingress-egress to adjoining properties by a recorded easement per UDC 11-3A-3A.2. NOTE: The property to the east was only required to provide cross access if the existing storage yard is ever converted to parking in the future. 2. Sidewalks (UDC 11-3A-17): All sidewalks constructed as part of this proposal are required to comply with the standards listed in UDC 11-3A-17. The applicant is proposing sidewalks along the west side of the property along S. Topez Avenue. F. Services Analysis 1. Pressurized Irrigation(UDC 11-3A-15): Underground pressurized irrigation water is required to be provided with this development as set forth in UDC 11-3A-15. City of Meridian I Department Report 111. 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 as set forth in UDC 11- 3A-18. 3. Utilities (Comp Plan 3.03.03A, UDC 11-3A-21): 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. Comprehensive Plan policy 3.03.03G require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks, water and sewer utilities. 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. 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: a. Future development of this site shall be generally consistent with the concept plan and conceptual building elevations included in Section IV and the provisions contained herein. b. Direct access to E. Overland Road is prohibited. c. Provide a 1525-foot landscape buffer to the north and east along the north side of the property along with a six(6)foot privacy fence to block headlines from the residential property unless waived by Council. d. The applicant shall be required to grant cross-access/ingress-egress to adjoining property to the east by a recorded easement. A copy of the easement shall be submitted with the certificate of zoning compliance application. e. A Certificate of Zoning Compliance(CZC) and Design Review application shall be submitted and approved for the proposed commercial building prior to submittal of a building permit application. The design of the site and structures shall comply with the standards listed in UDC 11-3A-49; the design standards listed in the Architectural Standards Manual. f. Future development of the site shall comply with the ordinances in effect at the time of development. g. Development of the subject property shall comply with the C -G standards listed in UDC 11-2B- 3. The only uses allowed on the subject property are as follows: City of Meridian I Department Report IV. City/Agency Comments &Conditions • Restaurant-excluding drive-through • Flex Space; • Retail Sales; • Professional and personal service; and • Office. h. Business hours of operation within the C-G District shall be limited from 6:00 a.m. to 11:00 p.m. when the property abuts a residential use or district. B. Meridian Public Works See public record(copy the link into a separate browser) https://weblink.meridianciN.org/WebLink/Browse.aspx?id=365356&dbid=0&repo=Meridian Cit Y C. Meridian Park's Department 1. Submit tree protection and mitigation plans to City Arborist. D. Idaho Department of Environmental Quality(DEQ) See public record(copy the link into a separate browser) https://weblink.meridiancioy.orkIWebLinkIBrowse.aspx?id=365356&dbid=0&repo=MeridianCit Y- E. Ada County Development See public record(copy the link into a separate browser) https://weblink.meridiancity.org/WebLink/Browse.aspx?id=365356&dbid=0&repo=MeridianCit Y F. Ada County Highway District(ACHD) See public record(copy the link into a separate browser) https://weblink.meridiancioy.ory WWebLinkIBrowse.aspx?id=365356&dbid=0&repo=MeridianCit Y G. Idaho Transportation Department(ITD) See public record(copy the link into a separate browser) https://weblink.meridiancioy.orglWebLinkIBrowse.aspx?id=365356&dbid=0&repo=MeridianCit Y 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; Commission finds annexation of the subject site with C-G zoning designation is consistent with the Comprehensive Plan Mixed-Used Regional FLUM designationfor this property, if the Applicant complies with the provisions in Section IV. City of Meridian I Department Report V. Findings 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Commission finds the layout proposed will be consistent with the purpose statement of the commercial district in that business opportunities provided consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Commission finds that the map amendment will not be 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 Commission finds that the map amendment will not result in an adverse impact upon the delivery of services. 5. The annexation(as applicable)is in the best interest of city. Commission finds the proposed annexation is in the best interest of the City if the property is developed in accord with the provisions in Section IV. VI. ACTION A. Staff: Staff recommends approval of the requested annexation per the conditions of approval included in Section IV in accord accordance with Findings in Section V. B. Commission: The Meridian Planning&Zoning Commission heard these items on December 5, 2024. At the public hearing,the Commission moved to recommend approval of the subject annexation and zoning requests. 1. Summary of Commission public hearing_ a. In favor: Jerrod Wall r_rg en representing the owner b. In opposition:None C. Commenting: Lynette Adsitt, Carl Babbitt d. Written testimony:None e. Staff presenting application: Linda Ritter f. Other Staff commenting on application: None 2. Key issue(s) public testimon: a. Whether or not Topaz Avenue would extend all the way to Top Golf,will Overland Road be widened to seven(7)lanes and getting onto Overland Road from Topaz Avenue 3. Key issue(s)of discussion by Commission: a. Additional traffic on Topaz Avenue and reduction of the landscape buffer along the residential properties. 4. Commission change(s)to Staff recommendation: a. None 5. Outstandin issue(s)ssue(s) for City Council: a. None City of Meridian I Department Report VI. Action C. City Council: The Meridian City Council heard these items on January 28,2025.At the public hearing.the Council moved to approve the subject annexation request. 1. Summary of the City Council public hearing: a. In favor: Jerrod Wallgren representing the applicant b. In opposition:None C. Commenting: Lynette Adsitt,Mike Blowers,Anita Gallagher d. Written testimony:None e. Staff presenting application: Linda Ritter f. Other Staff commenting on application: Bill Parsons 2. Key issue(s)of public testimony: a. Getting onto Overland Road from Topaz Avenue,merging conflicts and traffic issues in the area. 3. Key issue(s)of discussion by City Council: a. How the area would develop in the future cross access and potential roadways in the area with redevelopment. 4. City Council change(s)to Commission recommendation. a. Added cross access to the north of the property City of Meridian I Department Report VI. Action � 1 ct Location 'a' 111 of Impact 0 10 Analysis 84 Mh I �., IT �r ♦ _ Iu � �"- - ram J _ UJ 1► ��i��urua►j'ii� Project Location Legend WillArea of Impact u �y1,�■nnr��f■0:�� 0 Analysis llllll►� i►/Alllilllll!��nr �inu■■■.0/Iar 84 ...`-_a�, �IIIIIIIIIII. ";�:1111111 �111I on wi �oil,a allllllllll: ll..�:;�'�" .....aiur �� ,■■nnlrm�mr�■1111111111�• M M:M ■■■■■ '■ JIIllulnu��r►■ Illllllll��s�•■■■ 1■ ��■■■■■■ 11 lion ■ Ills 1f- r OYERL-AND -- `�_ • ■ ���•nur�'�na♦Ilwiii iii I`l a,_illj#i � ra ♦ gnu nr r it 6�:r,�er s••.y.� a�....r, fir . � ■, �. ��n. 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Map Notes Nearby Recent Preliminary Plats(2018+) H-2016-0112 H-2017-0104 Nearby Recent Conditional Use Permits(2018+) H-2020-0123 City of Meridian I Department Report VII. Exhibits B. Subject Site Photos -Am T•_ y Jq[1Rtlktl�Fpm4[Ef/� N - - _ 40 Agg L r -- City of Meridian Department Report VII. Exhibits C. Service Accessibility Report PARCEL S1116347191 SERVICE ACCESSIBILITY Overall Score: 29 32nd Percentile Criteria Description k Location Within 1/2 mile of City Limits YELLOW Extension Sewer Trunkshed mains < 5CO ft. from parcel GREEN Floodplain Within 100 yr floodplain & < 2 acres RED Emergency Services Fire Response time e 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 current transit route GREEN Arterial Road Buildout Status Ultimate configuration (#of lanes in master streets GREEN plan) matches existing (# of lanes) School Walking Proximity From 1/2 to 1 mile walking YELLOIV 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) ParkWalkability No park within walking distance by park type RED City of Meridian I Department Report VII. Exhibits D. Site Plan(date: 9/30/2024) seal Y FLrfd RE C GGSS P17:E 53' -;CONNEClvTY• 3 15 FT.LAHSCAPE BUFF Yf I i I FUFLBE l CROSS CESS COMNE-CiMfY f 'ROPCS EC 6U LUINm3- - :.675 S-i.FT. LI 1 11 - _ I l ' oveRuwo 1 L� M I� aaovoseo aui�mxc � � <.eos sa.rr. �LLio 1 J 0. - z o `.•? z o 6 / ovexuxo naw .Rh%-t.0 �.coMcear errs aLax .o. v • City of Meridian Department Report VII. Exhibits E. Building Elevations(date: 9/30/2024) 1 � 1 - p � w m 6f� m Il _� m it ° a I I � � I � I 1 _ I i Y NEW MULTI-TENHNTBUILDING igt architecture FOR VLK)W NGUYEH r � TOUE OVULAWU 190M.WRWVN.10 M642 ` d .r..ra.�w•.'+.�.$ City of Meridian Department Report VII. Exhibits F. Annexation Legal Description& Exhibit Map PORTIDE LAND SURVEYING _ LLC EXHIBIT A ANNEXATION LEGAL DESCRIPTION A parcel of land that Intl udes Ada County Highway District rlght-of-waw,io be annexed into the City of Meridian,so id pa real being located in a po rtlon of the Southeast Qua rter of thg Southwest Qua rte r of Section 16,Township 3 North,Range 1 East,Eloise Merdian,said area of land being more pa rti€uia rly described as follows; Gommmml ng at a found brass ca p monument at the South Qua rte r corner of sabd SeCtlorr 16,the True Point of Beginning; -Mence along the South Erie of said Sactlon 16,North$9'15'33"west a distanr a fif 23�1.71 feet tp a paint of intersection of the cenrerrne of 5.Tvpai Avenue and said South line; Thence along said centerlirie,North00-05'20" Westadistance of 208.90feet; Ttren[e South 89122137"East a distance of 25BO feet to the Southwest comer bf Lot 17,Block 1, Plat of Jewel Subdivision,Book 34r 2056,revards of Ada County; Thence along said Lot line,South 89'12'37"East a distance of 208.72 feet to a paint an the East line of Rolling H III 5ubdiwisio n, Book 48r 1202,records of Ada County; Thence along sold East lime South OO C5'30 r East a distance of 160.70 feet to a point on the North right-of-way line of East Overland Road; Thence SOarth WOS'30"East a dlsta nee of 48.00 feet to the True Paint of Beglitini ng- Said par"I tontaioiq 1.120 acres W,793 Sq.Ft.,more or tess.) End Pewriptiort Project No.24-138 Prepared August 29.2024 _tom i? �S\ T fi; 12722 " r 0 F� +r 3616 W. Hril Rd Bohr,!D 83703 {208J 184-6666 Jd�fuk oretddts�rruey_ra� City of Meridian I Department Report VII. Exhibits HXMI-RIT B ANNEXA 77ON MAP A PARCEL OF LAND INCLUMG ACHD RIGIHT—CEF—WAY. SAID PARCEL BEING LWA7ED IN 7TIE SE 714 OF THE SW 114 OF SEC770N 16 ro*NSa4IP 3 NORTH, RANGE I EAST, 80NSE MERILYAN, ADA C UAII Y, WAHO + LOT 17, BLOCK 1 S 7237-F 2J3.71' SCALE' 1 _SHEET �7 8 1/2 X 11 SHEEP ONLY 2 't a LEGEND w PARCEL LINE LIE } O � m BECKON UNE ACREEUENT AREA $ " , I? RIGHT—OF—WAY LWC zm --------- DWENSIOaN IJM o FUMV BRAS$ CAP ray to # 5yW-REBAR, TO BE SET M 52133'02 w N &9't�'30' w p FWJV9 516'RERAR 22,25' 0.77' CALCULATED POINT „y P.O.B. POWT OF BEGNNRWG OF OESCRIPPON 5 89'2- 04' w i44.74' w DoRrrErr I � I09$.92' — — �233,T7' _ L f 70 N 99 W33" w 1332-53' E. � T14 CORNER tl P.0.B "y Oft 1 Cyr I M LAW &N EY T _ ANNEXA77ON AREA 3626 W HILL ROAD, BOISE, ID 63703 PHOW (2W 454-6666 City of Meridian I Department Report VII. Exhibits 129Ta � 4 ro� Mall Annexation parcel closure 18128J2024 Scale" 1 inch=O feet File; Tray[1.1.1201 Acm(45793 5q.F&Gn.Cb6UY:s85-4440r 6A1 R(1.1734441,P9ernemr4M M. 61 n89.1533k 2M.71 02 n00.0520w 20&9 as"V.17370 25 dl sl14.1237e 20&71 "e06A"1"' City of Meridian I Department Report VII. Exhibits VIII. ADDITIONAL NOTES & DETAILS FOR STAFF REPORT MAPS,TABLES,AND CHARTS (link to Community Metrics) A. One-Mile Radius Existing Condition Notes This data is automatically derived from enterprise application and GIS databases, and exported dynamically. Date retrieved notes generally reflect data acquired or processed within the last 30- days.Analysis is based on a one-mile radius from the centroid of the identified parcel. Parcel based data excludes certain properties and represents land as it exists now. Properties considered are only those with a total assessed value greater than 0(i.e. excludes most HOA area,transitional development, government,and quasi government facilities). The following values also constrain included property acreage to reduce outliers and non-conforming instances from distorting averages: R-2<5.0; R-4<2.0; R-8< 1.0; R-15 <0.5; R-40<0.25. Conditional Use Permits and Preliminary plat data likely include duplicate project submittals as they may be for the same project, approved at different times through multiple application types. Consider each independently or review prior application approvals. Some approved entitlements, and particularly older ones,may be constructed. Decennial population counts and household counts are based on the most recent Decennial Census. Current population and current household values are COMPASS estimates,usually for the year previous, and are based on traffic analysis zone boundaries(TAZ's). B. Mixed Use Analysis Notes This data is derived from enterprise application and GIS databases, and exported dynamically. Data considered for analysis are only those areas overlapping the overall Mixed Use boundary area. Mixed Use areas across arterial roadways are distinct, separate, and not considered as they do not meet the mixed use principles in the Comprehensive Plan(e.g.pedestrian safety, transportation efficiency, etc.). Mixed Use parcel areas may be greater or smaller than the future land use area designation boundary due parcel size,configuration,right-of-way, and other factors. Conditional Use Permits and Preliminary plat data likely include duplicate project submittals as they may be for the same project, approved at different times through multiple application types. Consider each independently or review prior application approvals. C. Service Assessment Notes This data represents existing conditions derived from our enterprise application and GIS database, exported through dynamic reporting. The system references the most recent available data from various sources, including sewer main lines, sewer trunksheds, floodplain, fire service areas and response times,police crime reporting,pathway information,existing and planned transit, roadway improvements, school and park proximity, and other resources. The tool provides context for project review,using multiple indicators consistently. Data from similar topics may vary based on different levels of review. The overall score is based on weighted criteria(not a ranked order), and the percentile score compares the parcel to others in the city(higher is better). This tool was developed as a City Council priority and outcome of the 2019 Comprehensive Plan. Scores,whether high or low, are just one data point and should not be the sole basis for decisions. D. ACHD Roadway Infographic Notes The Ada County Highway District utilizes a number of planning and analysis tools to understand existing and future roadway conditions. • Existing Level of service(LOS).LOS indicator is a common metric to consider a driver's experience with a letter ranking from A to F.Letter A represents free flow conditions, and on the other end Level F represents forced flow with stop and go City of Meridian I Department Report VIII. Additional Notes&Details for Staff Report Maps, Tables, and Charts conditions. These conditions usually represent peak hour driver experience. ACHD considers Level D, stable flow,to be acceptable. The LOS does not represent conditions for bikes or pedestrians, nor indicate whether improvements: are possible; if there are acceptable tradeoffs; or if there is a reasonable cost-benefit. • Integrated Five Year Work Plan (IFYWP).The IFYWP marker(yes/no) indicates whether the specified roadway is listed in the next 5-years. This work may vary, from concept design to construction. • Capital Improvement Plan(CIP).The CIP marker(yes/no)indicates whether the specified roadway is programmed for improvement in the next 20-years. City of Meridian I Department Report VIII. Additional Notes&Details for Staff Report Maps, Tables, and Charts V IDIAN� AGENDA ITEM ITEM TOPIC: Development Agreement (District at Ten Mile H-2023-0071) Between City of Meridian and Ten Mile West Commercial LLC and NIBAC LLC and Hotel-SLC LLC for Property Located at the Northwest Corner of S. Ten Mile Rd. and Interstate 84 Ada County Recorder Trent Tripple 2025-022884 Boise,Idaho Pgs=114 vbailey_04/15/2025 04:55:08 PM CITY OF MERIDIAN IDAHO$0.00 Electronically Recorded DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2.Ten Mile West Commercial LLC,Owner/Developer 3.NIBAC LLC, Owner/Developer 4.Hotel-SLC LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT(this"Agreement") is made and entered into this.( day of 2025, 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 Ten Mile West Commercial LLC,whose address is PO Box 51298, Idaho Falls, Idaho 83405; NIBAC LLC, whose address is 16155 N. High Desert Street, Nampa, Idaho 83687; and Hotel-SLC LLC, whose address is 16155 N. High Desert Street, Nampa, Idaho 83687, hereinafter collectively called "Owners/Developers." l.__ RECITALS: 1.1 WHEREAS, Owners/Developers are the sole owners,in law and/or equity, of those certain tracts of land in the County of Ada, State of Idaho, as 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 Owners/Developers 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 l I-5B-3 of the Unified Development Code("UDC"), which authorizes development agreements and the modification of development agreements;and 1.4 WHEREAS, Owners/Developers have submitted an application for development agreement modification to remove the property listed in Exhibit"A" from existing Development Agreements recorded in Ada County as Instrument#112073618 (Fedrizzi Ten Mile LLC), Instrument #112073616 Uanicek Properties Ten Mile), Instrument#112073617 (SJN LLC),Instrument#2022-049799 (Vanguard Village),and Instrument#2024-050341 (Vanguard Village MDA), for the,inclusion DEVELOPMENT AGREEMENT- DISTRICT AT TEN MILE H-2023.0071 Page 1 of 10 of the Property into this new Agreement, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owners/Developers 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 18th of March, 2025, the Meridian City Council approved revised 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, Owners/Developers deem it to be in their best interest to be able to enter into this Agreement and acknowledge that this Agreement was entered into voluntarily and at their 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 Agreements (Instrument#112073618 (Fedrizzi Ten Mile LLC), Instrument#112073616 (Janicek Properties Ten Mile), Instrument #112073617 (SJJV LLC), Instrument#2022-049799 (Vanguard Village), and Instrument#2024-050341 (Vanguard Village MDA)) and shall be bound by the terms contained herein in this new agreement; and 1.10 WHEREAS, City requires the Owners/Developers to enter into a development agreement modification for the purpose of ensuring the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designations are in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: DEVELOPMENT AGREEMENT-DISTRICT AT TEN MILE H-2023-0071 Page 2 of 10 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 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 OWNERS/DEVELOPERS: means and refers to Ten Mile West Commercial LLC, whose address is P.O. Box 51298, Idaho Falls, Idaho 83405; NIBAC LLC, whose address is 16155 N. High Desert Street,Nampa, Idaho 83687; and Hotel- SLC LLC, whose address is 16155 N. High Desert Street,Nampa, Idaho 83687, the parties that own and are 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 Agreements recorded in Ada County as Instrument#112073618 (Fedrizzi Ten Mile LLC), Instrument#112073616 (Janicek Properties Ten Mile), Instrument#112073617 (SJJV LLC), Instrument#2022- 049799 (Vanguard Village), and Instrument#2024-050341 (Vanguard Village MDA), 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 Owners/Developers shall develop the Property in accordance with the following special conditions: a. Future development of the subject property shall be generally consistent with the conceptual development plan, use area plan, mobility plan,preliminary plat, and landscape plan included below in Section VI of the Staff Report attached to the revised Findings of Fact and Conclusions of Law attached hereto as Exhibit DEVELOPMENT AGREEMENT-DISTRICT AT TEN MILE H-2023-0071 Page 3 of 10 "B" and the provisions contained herein and the standards in the Unified Development Code (UDC). b. Future development of Area 1, as depicted on the Use Area Plan in Section VI.H, shall be consistent with the development guidelines of the Medium High Density Residential Future Land Use Map designation in the TMISAP. c. Future development of Areas 2 and 3, as depicted on the Use Area Plan in Section VI.H, shall be consistent with the Commercial Future Land Use Map designation in the Comprehensive Plan. d. Future development shall be consistent with the Project Design Standards submitted by the Applicant and approved with this application and attached hereto as Exhibit"C." These standards shall supersede the design standards in the Architectural Standards Manual and the design guidelines in the TMISAP. These standards shall not allow deviations to UDC standards. e. A collector roadway system shall be constructed on the subject property in accord with Ada County Highway District's (ACHD) Master Street Map and in accord with Street Section Map in the TMISAP as recommended by Staff, as follows: Villagio/Grand Mogul shall be constructed from Ten Mile to the roundabout in accord with Street Section B as a typical 4-lane parkway and west of the roundabout with Street Section C as a major collector street; Cobalt and Umbria Hills shall be constructed in accord with Street Section D as a residential collector street; and Navigator shall be constructed in accord with Street Section C as a major collector street in accord with the associated diagrams in the TMISAP, with the exception that 10-foot-wide detached sidewalks/pathways shall be required in lieu of on-street bike lanes and on-street parking may be provided in areas not indicated for such where buildings are close to the street and parking is warranted, unless otherwise approved by ACHD. f. The subject property shall be subdivided prior to issuance of any Certificates of Occupancies within the development. g. A 10-foot-wide multiuse pathway shall be constructed along the Purdam Drain (or drain alignment) in accord with the Pathways Master Plan and shall connect to the existing pathway to the north in Baraya Subdivision. A 14-foot-wide public pedestrian easement shall be submitted to the Planning Division for the pathway. DEVELOPMENT AGREEMENT-DISTRICT AT TEN MILE H-2023-0071 Page 4 of 10 h. A ten(10) -foot-wide detached sidewalk/pathway shall be constructed along both sides of all collector streets (i.e., W. Cobalt Dr., S. Umbria Hills Ave., W. Villagio Way/Grand Mogul, S. Navigator Dr., and the off-side S. Sunset Point Way)within the site and adjacent to the west boundary of the site in lieu of on- street bike lanes; and within the street buffer along I-84. A public use easement shall be submitted to the City for any portion of the sidewalks/pathways that lie outside of the public right-of-way. i. Public art in a high quality of design shall be provided in shared spaces and incorporated into the design of streetscapes as set forth in the TMISAP (see pp. 3-47). The Owners/Developers shall submit a plan depicting general locations of public art along with examples of the art proposed with the final plat application. 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 Owners/Developers, 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 Owners/Developers' default of this agreement, Owners/Developers 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 Owners/Developers 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 DEVELOPMENT AGREEMENT-DISTRICT AT TEN MILE H-2023-0071 Page 5 of 10 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 Owners/Developers stipulate that specific performance is an appropriate, but not exclusive, remedy in the event of default. Owners/Developers 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 Owners/Developers 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 Owners/Developers 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: Owners/Developers 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 Owners/Developers. 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 Owners/Developers agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued if the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owners/Developers to the City in accordance with Paragraph 11 above. DEVELOPMENT AGREEMENT-DISTRICT AT TEN MILE H-2023-0071 Page 6 of 10 13. ABIDE BY ALL CITY ORDINANCES: That Owners/Developers agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail,postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Ave. Meridian, Idaho 83642 Meridian, Idaho 83642 OWNERS/DEVELOPERS: Ten Mile West Commercial LLC NIBAC LLC PO Box 51298 16155 N. High Desert St. Idaho Falls, Idaho 83405 Nampa, Idaho 83687 Hotel-SLC LLC 16155 N. High Desert St. Nampa, Idaho 83687 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 Owners/Developers, 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 Owners/Developers, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, has determined that Owners/Developers has fully performed its obligations under this Agreement. DEVELOPMENT AGREEMENT-DISTRICT AT TEN MILE H-2023-0071 Page 7 of 10 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonable in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. REMOVED PROPERTY: The City is hereby authorized, in its sole discretion, to remove a portion of the Property("Removed Property") from this Agreement at any time, provided that the City and the owner of the Removed Property concurrently enter into a modified development agreement governing the development and use of the Removed Property. The remaining portion of the Property, which has not been removed from this Agreement as described above, shall continue to be bound by the terms of this Agreement. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owners/Developers 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 Owners/Developers and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 22.1 No condition governing the uses and/or conditions governing the Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective upon execution of the Mayor and City Clerk. [End of text. Acknowledgements, signatures, and Exhibits A and B follow.] DEVELOPMENT AGREEMENT-DISTRICT AT TEN MILE H-2023-0071 Page 8 of 10 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Ten Mile West Commercial LLC By (printed name): Its (signing authority): State of=LL—._._� � ) ss: County of_ � ) On this J day of� � _.,,2025,before me,the undersigned,a Notary Public in and forsaid State,personally appeared_2S-TN-, known or identified to me to be the_ -�` of Ten Mile West Commercial LLC and the person wh9 signed above and acknowledged to me that they executed th 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 My Commission Expires: OWNER/DEVELOPER: "'�""''�•. NIBAC LLC +ti`S .MADIl�''•� 4Uq•• �.No.4j•. •: • 140Tq Y • • By (arm name): r fan g �,•�; s Its (signing authority): /Marlq''�:::::°: �`Z'�.`� %TE OF State of ss: County off } On this_77 1t.day of 4- 2025,before me,the undersigned,a Notary Public in and for said State,personally appeared_ ric7► known or identified to me to be the_1Pd of NIBAC LLC and the person who signed above and acknowledged to me that they executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. _ COSTIN PIRVU Notary Public COMMISSION#42192 My Commission Expires: NOTARY PUBLIC STATE OF IDAHO My COMMISSION EXPIRES 05/3112020 DEVELOPMENT AGREEMENT-DISTRICT AT TEN RILE H.2023 0071 Page 9 of 10 OWNER/DEVELOPER: Hotel-SLC LLC . �?z ot'/...... - / By (printed name): 13` 144 G Its (signing authority): I'L1�aar� State of-7- ) � ss: County of^ ) On this 3L da of_ 2025,before me,the undersigned,a Notary Public in and for said State,personally appeared _Rr]�tn� '1"Z'K known or identified to me to be the of Hotel-SLC LLC and the person who signed above and acknowledged to me that they executed the same. J IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. COSTIN PIRVU COMMISSION#42192 Notary Public NOTARY PUBLIC My Commission Expires: STATE OF IDAHO frtY COMMISSION EXPIRES 05/31/2028 CITY OF MERIDIAN ATTEST: By: _ Mayor Robert E. Simison 4-15-2025 Chris Johnson, City Clerk 4-15-2025 State of Idaho } ss County of Ada ) On this 15th day of April 2025, before me,a Notary Public, personally appeared Robert E. Simison and Chris Johnson, known or identified to me to be the Mayor and Clerk, respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho My Commission Expires: 3-28-2028 DEVELOPMENT AGREEMENT-DISTRICT ATTEN MILE H-2023-0071 Page 10 of 10 ARDURRA EXHIBIT A Project No: 230739 Date:July 11, 2024 Page 1 of 2 DEVELOPMENT AGREEMENT BOUNDARY DESCRIPTION A parcel of land located in the S1/2 of the NE1/4,the N1/2 of the SE1/4, and the NE1/4 of the SW 1/4 of Section 15,Township 3 North, Range 1 West,Boise Meridian, City of Meridian,Ada County, Idaho, more particularly described as follows: BEGINNING at the center north one-sixteenth comer of said Section 14,thence,along the north boundary of said S1/2 of the NE1/4, 1. S.89015'15"E.,1320.76 feet to the northeast one-sixteenth corner of said Section 15,thence, continuing, 2. S.89014'59"E., 880.50 feet to the south right-of-way of Cobalt drive; thence, leaving along said right-of-way the following courses: 3. N.59025'50"E., 162.82 feet to the beginning of a tangent curve;thence, 4. Easterly along said curve to the right having a radius of 263.00 feet,an arc length of 117.45 feet, through a central angle of 25°35'16",of which the long chord bears N.72°13'28"E., 116AS feet; thence, non-tangent from said curve, 5. S.60°2453"E.,88.51 feet;thence, 6. S.55°54'35"E.,21.84 feet;thence, 7. S.03039'59"W., 57.05 feet;thence, 8. S.86020'01"E.,16.90 feet to the west right-of-way of S.Ten Mile Road;thence, along said right- of-way the following courses: 9. S.03039'35"W.,670.74 feet;thence, 10, S.10044'07"W., 96.98 feet; thence, 11.S.03006'22"W.,84.65 feet;thence, 12.S.06021'28"W., 207.42 feet;thence, 13.S.01025'18"W.,559.90 feet;thence, 14.S.01025'16"W.,57.70 feet;thence, 15. S.04020'57"W.,550.74 feet;thence, 16. 5.04020'57"W.,34.63 feet;thence, 332 N.Broadmore Way ; I1;:ro;,.,,, IQ 83687 1 208.442.6300 1 ,vww.nrdurro corn Project No: 230739 Date:July 11,2024 Page 2 of 2 17.S.15001'39"W.,99.20 feet to the north right-of-way of the westbound Interstate 84 on ramp; thence,along said right-of-way the following courses: 18.S.47033'04"W., 109.09 feet;thence, 19.S.66054'29"W., 105.73 feet;thence, 20. S.80°09'20"W., 150.16 feet; thence, 21.S.76°01'12"W.,330.69 feet;thence, 22.5.79054'25"W., 177.77 feet;thence, 23.S.84046'37"W., 162.75 feet;thence, 24.S.88047'04"W., 108.25 feet;thence, 25.S.88046'59"W.,312.10 feet to the north right-of-way of Interstate 84;thence, along said right- of-way the following courses: 26. N.86c'48'58"W.,675.49 feet; thence, 27. N.84005'20"W., 546.27 feet;thence, 28. N.84022'21"W., 139.20 feet;thence, 29. N.81°25'39"W.,216.99 feet;thence, leaving said right-of-way, 30. N.00°45'12"E., 1190.89 feet to the north boundary of said NE1/4 of the SW1/4;thence,along said boundary, 31.S.89°14'48"E.,558.49 feet to center one-quarter corner of said Section 15; thence along the west boundary of said S1/2 of the NE1/4; 32. N.00036'37"E.,1328.96 feet to the POINT OF BEGINNING. CONTAINING: 163.67 Acres f r�NNL LAN s �� Ec ar ,765 IP 7 '11/'4, rF of �g 0'MA�-�'�` 2 332 N.8roadmore Way 4 „r,iD 83687 208.442.6300 www ardurro.com t(CP 2023 ARDURRA GROUP INC.THIC INSTRUMENT IS THE PROPERTY OFARDURRA.ANY REPRODUCTION,REUSE OR MOINFICATION OF THIS INSTRUMENT OR ITS CONTENTSATRtOUT SPECIFIC WRITTEN PERMISSION OFAROURRAIS STRICTLY PROHIBITED EXHIBIT SKETCH - DEVELOPMENT AGREEMENT BOUNDARY LOCATED IN THE S112 OF THE NE114 AND THE NE114 OF THE SE114,OF SECTION 15 TOWNSHIP 3 NORTH,RANGE 1 WEST,BOISE MERIDIAN CITY OF MERIDIAN,ADA COUNTY,IDAHO 2024 0' 300' 600, 1200' 1110 SCALE:1"=600' NW1/16 CN1/16 NE1/16 N1/16 N 89'15'14"W 1321.49' .. — — + 14 S89'14'59"E 440.71' in N o z o a ! z z .r CW1/16 C 163.671 AC 1/4 _ _ CE1/16 N89'14'39"W 1321.43' S89'15'05"E 1321.73' 156514 BASIS OF BEARINGS 06 ! a M to CV / 13765 I o 0 9�f OF z z O M `'�'y NOO'33'00"E 29.93' S1/16 SW1/16 N89.1 4'T53 WT323.s0' CS1116 N89�13'31"W 1323.13' SE1/16 S89-13'37"E 1322,88' 15 14 INTERSTATE - 84 LEGEND // ARDURRA 0 FOUND ALUMINUM CAP MON. 332 N. BROADMORE WAY ® FOUND 5/$" REBAR NAMPA, IDAHO 83687208-442-6300 I WWW.ARDURRA.COM c CALCULATED POINT z3oz3S-vX3-oEr MG Atv2m EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[E IDIAN:-~' AND DECISION& ORDER In the Matter of the Request for: • Amendment to the Future Land Use Map in the Comprehensive Plan (CPAM) to change the designations on portions of the subject property and adjacent properties, resulting in a net change in this area as follows: Medium High-Density Residential (MHDR) (+9.26- acres),High Density Residential (HDR) (+2.66-acres); Mixed Use- Residential(MU-R) (-10.61-acres),Mixed Use- Commercial (MU-C) (+0.32-acre), Mixed Employment(ME) (-0.22-acre), and High Density Employment (HDE) (- 1.40-acres); • Modification to the existing Development Agreements (MDA) (Vanguard Village H- 2021-0081,Inst.#2022-049799, amended as Inst. #2024-050341 H-2023-0072; Fedrizzi Ten Mile LLC AZ-11-001,Inst.#112073618; SJJV LLC AZ-11-001,Inst. #112073617; Janicek Properties LLC AZ-11-001, Inst. #112073616) to consolidate them into one (1) new agreement,which will replace the previous agreements (or a portion thereof, as applicable for Vanguard Village), and include a conceptual development plan for the overall area; • Rezone (RZ) of 7.48-acres of land from the C-C to the TN-C district; 12.96-acres from the H-E and R-40 to the C-C district; 9.13-acres from the C-C to the H-E district; 25.97- acres from the C-C and H-E to the C-G district; and 1.37-acres from the H-E to the M-E zoning district; and • Preliminary Plat (PP) consisting of 38 building lots and one (1) common lot on 108.77-acres of land in the TN-C, C-C, C-G,H-E and M-E zoning districts,by Ball Ventures Ahlquist. Case No(s). H-2023-0071 For the City Council Hearing Dates of: September 17 and 24,2024(Findings on October 8, 2024 - Revised Findings on March 18,2024) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of September 24,2024, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of September 24,2024, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of September 24, 2024, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of September 24, 2024, incorporated by reference) B. Conclusions of Law FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR DISTRICT AT TEN MILE-CPAM,MDA,RZ,PP H-2023-0071 - 1 - 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 24,2024,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 CPAM, MDA,RZ and PP is hereby approved per the provisions in the Staff Report for the hearing date of September 24,2024, attached as Exhibit A. Note: The City Council approved alternative future land use map designations of Medium High-Density Residential and Commercial for the CPAM application; and alternative zoning districts of R- 15 and C-G for the RZ application consistent with the approved conceptual development plan. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner,and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR DISTRICT AT TEN MILE-CPAM,MDA,RZ,PP H-2023-0071 -2- 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 I I- 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 67-651 IA. 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 DISTRICT AT TEN MILE-CPAM,MDA,RZ,PP H-2023-0071 -3- By action of the City Council at its regular meeting held on the 18th __day of March , 2025. 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 E. imi on 3-18-2025 Attest: c`Kpi :r,L1l c,-��f Sv .. WIE IDR IATI SFAS Chris Joh on - 025 City Cler Copy served upon Applicant,Community Development Department,Public Works Department and City Attorney. By: {... t Dated: 3-18-2025 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR DISTRICT AT TEN MILE-CPAM,MDA,RZ,PP H-2023-0071 -4- COMMUNITY DEVELOPMENT E DEPARTMENT REPORT REPORT HEARING 9/24/2024 ti DATE: Continuedfrom:911012024& L:I.. 911712024 . TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 L sallen@meridiancity.org - --.- _ - �T APPLICANT: Ball Ventures Ahlquist SUBJECT: H-2023-0071 Legend Project Location F!^ District at Ten Mile—CPAM,MDA, Area of Impact - - RZ,PP i= City Limits LOCATION: Northwest corner of S.Ten Mile Rd.& ©Analysis e I-84 in Section 15, T.3N.,R.1W. I. PROJECT OVERVIEW A. Summary The Applicant has submitted applications for the following: • Amendment to the Future Land Use Map in the Comprehensive Plan(CPAM)to change the designations on portions of the subject property and adjacent properties,resulting in a net change in this area as follows: Medium High-Density Residential(MHDR) (+9.26- acres),High Density Residential(HDR) (+2.66-acres); Mixed Use-Residential(MU-R) (-10.6 1-acres),Mixed Use -Commercial(MU-C)(+0.32-acre),Mixed Employment (ME)(-0.22-acre), and High Density Employment(HDE)(-1.40-acres); • Modification to the existing Development Agreements(MDA)(Vanguard Village H- 2021-0081,Inst.#2022-049799; Fedrizzi Ten Mile LLC AZ-11-001, Inst.#112073618; SJJV LLC AZ-I 1-001, Inst. #112073617;Janicek Properties LLC AZ-11-001,Inst. #112073616)to consolidate them into one(1)new agreement,which will replace the previous agreements(or a portion thereof, as applicable for Vanguard Village), and include a conceptual development plan for the overall area; • Rezone(RZ) of 7.48-acres of land from the C-C to the TN-C district; 12.96-acres from the H-E and R-40 to the C-C district; 9.13-acres from the C-C to the H-E district;25.97- acres from the C-C and H-E to the C-G district; and 1.37-acres from the H-E to the M-E zoning district; and • Preliminary Plat(PP) consisting of 38 building lots and one(1)common lot on 108.77- acres of land in the TN-C, C-C, C-G,H-E and M-E zoning districts. B. Issues The proposed conceptual development plan,use area plan and intensity of development is not consistent with the development guidelines in the TMISAP for the proposed FLUM designations. City of Meridian I Department Report 1.Project Overview Further,the TN-C zoning is not an appropriate zone for the proposed multi-family residential development(see analysis in Section III below for more information). C. Recommendation Staff. Staff is in support of the proposed plat but is not in support of the proposed MDA,CPAM and RZ applications as the proposed development plan doesn't meet the minimum development guidelines in the TMISAP and doesn't provide the mix of integrated uses desired in Mixed Use designated areas. If Council is of the opinion the proposed development plan is more appropriate for this area than that envisioned in the adopted TMISAP, Staff recommends alternate FLUM designations and zoning are approved consistent with the proposed development plan,as follows: MHDR and R-15 zoning for the property in Area 1; and Commercial and C-G zoning in Areas 2 and 3, as shown in the second map in Section VII.0 below. Otherwise, Staff recommends denial of the proposed MDA, CPAM and RZ applications. Commission: Recommend approval to Council with the additional recommendation that Council consider if the proposed FLUM designations&zoning are consistent with the proposed development plan and whether those need to be modified. D. Decision City Council: Approval II. COMMUNITY METRICS Table 1: Land Use Description Details Map Ref. Existing Land Use(s) Agricultural - Proposed Land Use(s) A variety of uses are proposed consisting of multi-family - residential(apartments&townhome style); commercial (large format/anchor and specialty retail,restaurants, entertainment,recreation,hospitality,childcare,office); and employment(medium to higher density office, commercial,recreation,medical and hospitality uses). (See Use Area Plan in Section V.H) Existing/Proposed Zoning Existing: H-E(High-density Employment),C-C VII.A.2 (Community Business),TN-C(Traditional Neighborhood Center) Proposed: TN-C(33.42-acres),C-C(59.11-acres),C-G (General Retail and Service Commercial)(25.97-acres), M-E(Mixed Employment)(10.19-acres)and H-E(34.82- acres) Existing/Proposed Future Land Use Existing:MHDR(Medium-high Density Residential),MU- VII.A.3 Designation Res(Mixed Use—Residential),Mixed Use—Commercial (MU-Com),HDE(High-density Employment) Proposed:MHDR(on adjacent property only),MU-Res, MU-Com,HDE Table 2:Process Facts Description Details Preapplication Meeting date Tuesday,November 21,2023 Neighborhood Meeting 12/4/2023 Site posting date 8/5/2024 City of Meridian I Department Report 11.Community Metrics Table 3: Community Metrics Agency/Element Description/Issue Reference Ada County Highway District • Comments Received No • Commission Action Required No • Access S.Ten Mile Rd.,arterial street • Traffic Level of Service F Traffic Impact Study(Y/N) No(ACHD didn't require one;ITD is requesting one) ITD Comments Received Yes—ITD requests a Traffic Impact Study for this development as impacts to the State Highway System are anticipated due to the type and proximity of the development. Meridian Fire Distance to Station:2.1 miles to Station#2;Response Time: 3 minutes Meridian Police Distance to Station:5.9 miles;Response Time:4:13 minutes Meridian Public Works Wastewater Distance to Mainline: Sewer is in S.Ten Mile Rd.and stubbed to this property—it's in the process of being extended to the west in S.Vanguard Way to serve this site; Impacts or Concerns: See Public Works comments Meridian Public Works Water Distance to Mainline:Water is in S.Ten Mile Rd.and stubbed to this property—it's in the process of being extended to the west in S.Vanguard Way to serve this site (pressure zone 2);Impacts or Concerns: See Public Works comments See City/Agency Comments and Conditions Section for all department/agency and the public record for comments received on this application. City of Meridian I Department Report II.Community Metrics Figure 1:One-Mile Radius Existing Condition Metrics Reference Parcel:51215131401 Date Retrieved:2024/8/6 Parcel Count Parcel Acreage I nfill Indicator: 156 709 Surrounding Area 34% Ivot city ® City Limits 1,429 ■ Not City 7 1A7 Household Change Household& Population Growth Households 02020 Population Change:34.5% Population ■Growth (Household and Population Change since 2010 Decennial) 5,000 10,000 15,000 Use Types Residential Addresses All Addresses Single-family 72% ze 69% 4% ® Multi-family r� ® Commercial Preliminary Plats(last 5-years) Conditional Use Permit(last 5-years) Proposed Proposed Pending Pending Approved I Approved 0 1000 2000 3000 4000 0 1000 2000 3000 4000 ■ Single-family ® Multi-family 2.00 - 1,000 Single-family N Residential U 1.50 Parcel Diversity N 1.00 ® 500 0 Parcel Count in 0.50 m 0.10 a Ave rage Acres 0.00 ' 0.0 0.14 0 R-2 R-4 R-8 R-15 Average Single-family Density by Zoning Average 15.00 Residential - a 10.00 O 10.04 0 7.30 5.00 8.20 0.00 ----00•39----00:00 Dwelling Units 1 Acre R-2 R-4 R-8 R-15 City of Meridian I Department Report II.Community Metrics Figure 2: Service Impact Summary Ready Marginal Caution ey� o\ 0 Qa III. STAFF ANALYSIS Comprehensive Plan and Unified Development Code(UDC) A. History This overall property consists of several parcels of previously annexed land governed by five(5) different Development Agreements (DA)(i.e. The 10 at Meridian;Vanguard Village;Fedrizzi Ten Mile,LLC;Janicek Properties Ten Mile; and SJJV,LLC). The southwest portion of this site (Parcel#1215427850)was included in the Vanguard Village preliminary plat;the final plat is currently in process.Links to these agreements are provided below in Table 4. The existing DA's for Fedrizzi,Janicek and SJJV do not include a conceptual development plan but do include provisions for future development of the property and restrictions on certain uses. Prior to development, an amendment to these agreements is required to include a conceptual development plan that demonstrates compliance with the TMISAP. The DA for Vanguard Village includes a conceptual development plan, shown in Section VI.F below,and provisions for future development of the property consistent with the TMISAP; an amendment to the DA was recently approved but has not yet been recorded.Note: The amended DA does not affect the subject property. The concept plan included in the DA for The 10 at Meridian,the adjacent property to the north, did not include a development plan for the property at the northeast corner of this site that was previously part of that development. Table 4:Project Overview Description Details History AZ-09-008(Meridian Crossing—Ord.#10-1467;DA Inst.#110115738); AZ-11-001 [Ten Mile Annexation—Ord.#12-1520(Fedrizzi Ten Mile LLC—DA Inst.#112073618,Janicek Properties Ten Mile—DA Inst. #112073616,SJJV,LLC—DA Inst.#112073617)];H-2021-0025 (The 10 at Meridian—Ord.#21-1948,DA Inst.#2021-132704);H-2021-0081 [Vanguard Village—RZ,PP,CUP,MDA Inst.#2022-049799(replaced previous DA#110115738);H-2023-0072(Vanguard Village—MDA not yet recorded);FP-2024-0012(Vanguard Village FP,PS—currently in process) Phasing Plan 1 Physical Features The Purdam Gulch Drain crosses this site.The Williams Northwest gas pipeline crosses the southwest portion of this site that's part of the Vanguard Village plat. Acreage 108.77-acres(preliminary plat); 163.67-acres(DA boundary) Lots 38 building lots; 1 common lot City of Meridian Department Report 111. Staff Analysis B. General Overview Comprehensive Plan Map Amendment: This property is within the area governed by the Ten Mile Interchange Specific Area Plan (TMISAP),which is part of the City's Comprehensive Plan. An amendment to the Future Land Use Map(FLUM) in the Plan is proposed to change the land use designations on portions of the subject property and adjacent abutting property and right-of-way,resulting in a net change in this area as follows: (see FLUMMap-Adopted vs. Proposed in Section VT C below) Net Land Use Change Total Change 7 Med-High Density Residential 4.26 High Density Residential 2.66 MU-Res 1.51 ML!-Com (11.80) Mixed Employment (0.22) High Density Employment (1.40} Total (0.001 The map amendment includes some"clean-up"changes recommended by Staff on the abutting property to the west(Endurance Holdings—Parcel#S1215244200,zoned R-15 and mostly designated MHDR); and the right-of-way for W. Cobalt Dr. along the northern boundary of the site adjacent to Outer Banks Subdivision(zoned C-C and designated MU-Res)based on the existing multi-family entitlements on those parcels and the Applicant's proposed amendment(see pink/white dashed line area on the exhibit in Section V.0 below).Without including the proposed clean-up changes on adjacent properties,the changes to this property are as follows: -2.8-acres of MHDR,no change to HDR,+2.3-acres of ME,+3.74-acres of MU-Com, and no change to HDE. In summary,most of the Applicant's proposed changes are just a reconfiguration of existing FLUM designations and not significant changes. Development Agreement Modification: A new Development Agreement(DA)is proposed to consolidate and replace all of the existing DA's(i.e. Vanguard Village H-2021-0081, Inst. #2022-049799; Fedrizzi Ten Mile LLC AZ-11- 001,Inst.#112073618; SJJV LLC AZ-11-001, Inst.#112073617;Janicek Properties LLC AZ-11- 001, Inst. #112073616)on the subject property. A new conceptual development plan is proposed for the overall area as shown in Section V.G below;the existing conceptual development plan for Vanguard Village is included in Section V.F below—changes are proposed to that plan. The other DA's do not include conceptual development plans and require modifications to the agreements to include one prior to development. A phasing plan is not proposed for the overall development plan.As this is critical in understanding timing for infrastructure improvements, Staff recommends one is submitted prior to the City Council hearing. The Applicant has declined to do so. Rezone: A rezone of 7.48-acres of land is proposed from the C-C to the TN-C district, 12.96-acres from the H-E and R-40 to the C-C district,9.13-acres from the C-C to the H-E district,25.97-acres from the C-C and H-E to the C-G district,and 1.37-acres from the H-E to the M-E zoning district. With the proposed rezone, a significant amount(i.e. 21+/-acres)of the H-E zoned area will be lost and replaced with C-C and C-G zoning,which will likely further decrease the amount and intensity of employment uses in this area because a wider range of uses are allowed in the C-C and C-G districts than the H-E district(i.e. allowed uses in the H-E zone consist of corporate headquarters, office complexes,research and development facilities and complementary services such as conference centers and hospitality use with limited retail; allowed uses in the C-C district are larger scale and broader mix of retail,office and service uses; allowed uses in the C-G district are the largest scale and broadest mix of retail, office, service and light industrial uses). This will result in less employment uses(i.e. family wage jobs) in this area than anticipated,which is a key component of the TMISAP. City of Meridian I Department Report III. Staff Analysis Note: If Council approves an amendment to the FLUM for the proposed development plan and Staffs recommended associated"clean-up"items, a rezone from H-E to M-E (on the southern portion of the site) and C-C to R-40 (Cobalt right-of-way)should also be approved. Preliminary Plat: A preliminary plat is proposed consisting of 38 building lots and one(1)common lot on 108.77- acres of land in the TN-C, C-C, C-G,H-E and M-E zoning districts. The plat does not include the Vanguard Village property.The plat is proposed to be developed in one(1)final plat phase. Staff recommends the subject property is subdivided prior to issuance of any Certificates of Occupancies within the development. Permanent addresses cannot be assigned until Ada County has approved street names. C. Site Development and Use Analysis 1. Existing Structures/Site Improvements(UDC 11-1): There are no existing structures on this site; infrastructure improvements are currently being constructed. 2. Proposed Use Analysis (UDC 11-2): A Use Area Plan was submitted with this application and included below in Section VI.H. The Plan depicts three (3)different areas;however,the boundaries of these areas do not coincide with the proposed FLUM designation boundaries,which makes determining consistency with the FLUM designations difficult. These areas are as follows: • Area 1) accommodates a mix of multi-family residential such as townhomes and multi- family. This area is mostly designated MU-Com with MU-Res and a small amount of MHDR and zoned mostly TN-C with some C-C. The map amendment proposes a MU-Res land use designation with TN-C zoning for the entire area. The Applicant states a gross density of 8 to 12 units/acre based on 268 to 402 residential units on 33.42-acres of land is proposed, consistent with the density range desired in the MU-R designation. A diversity of compatible land uses is encouraged in MU-Res areas,which may include a mix of residential,office,retail,recreational, employment and other miscellaneous uses. While the focus is on residential uses,the horizontal and vertical integration of retail,office and employment uses is essential.This designation requires developments to integrate the three(3) major use categories—residential, commercial and employment. Live-work units are strongly encouraged as are a variety of other housing types. Office, employment and commercial uses are generally small in scale and focused on neighborhood services within the MU-Res area. Traditional neighborhood design concepts—higher density buildings close to the street, easy pedestrian access,narrower streets to slow traffic,parking lots behind or under buildings, and residences with porches or balconies facing the street—are essential. The mix of uses should allow for a diversity of housing with for-sale and rental properties and may be achieved horizontally throughout the site; however,vertical mixes within buildings are highly encouraged. The goal to achieve in these areas is a floor area ratio(FAR) of 0.75 or more.No more than 40%of land area within MU-Res areas should be utilized for non- residential uses.An overall target density of 8 to 12 dwelling units per acre is desired with higher densities allowed on individual projects. The purpose of the TN-C district is to serve as the focal point of a neighborhood center, containing retail,commercial, and community services to meet the daily City of Meridian I Department Report 111. Staff Analysis needs of community residents within a one-to two-mile radius.It's pedestrian oriented and is designed to encourage pedestrian connection with a traditional neighborhood residential district.Uses in the TN-C district includes small-scale retail, restaurants,recreational,personal services,public or quasi-public uses, churches,and attached and multi-family dwellings. The allowed uses for the TN-C zoning district are listed in UDC Table 11-2D-2; the proposed uses(i.e. multi-family and townhouses)are principally permitted in the TN-C district. The standards for the TN-C district are listed in UDC 11-2D-5,as follows: maximum building height is 45-feet(additional height may be allowed as noted in UDC 11-2D-3B);minimum number of stories for new construction adjacent to any street is two (2); maximum building footprint is 20,000 square feet,however, other than retail, all other uses may be allowed a footprint of greater than 20,000 square feet through the conditional use permit process; and minimum contiguous district size is 6-acres,or 2- acres when adjacent to property with a mixed-use future land use designation. Only residential uses are proposed in the requested MU-Res FLUM designation and TN-C zoning district—the"mixed-use"component of the designation and TN-C district is entirely missing.Only one of the three major use categories are proposed (i.e.residential)—no retail, office or employment uses are proposed as required, which are essential in MU-Res designated areas.The proposed MU-Res designation and TN-C zoning is not consistent with the proposed development plan or the intended plan for this area as the required mix of integrated uses is not provided. Area 2)accommodates predominantly commercial mixed uses,including large format/anchor and specialty retail,casual and fine dining,entertainment,recreation, hospitality, childcare and office uses. This area is currently designated mostly MU-Res and MU-Com with a small amount of HDE;the zoning is mostly C-C with some H-E and M-E. The map amendment proposes MU-Com and HDE land use designations with C-C,H-E, C-G and M-E zoning with the majority being C-C. The MU-Com designation encourages the development of a mix of office,retail, recreational,employment(i.e. family-wage jobs)and other miscellaneous uses with supporting multi-family or single-family attached residential uses. While the focus of these areas is on commercial and employment uses,the horizontal and vertical integration of residential uses is essential to securing entitlements.As with all mixed-use areas,this designation requires development to irate,-rate the three(3) major use categories—residential, commercial and employment.In MU-Com areas, three(3)or more significant uses also tend to be larger scale projects. This designation is intended to provide flexibility and encourage developers to build innovative projects. Traditional neighborhood design concepts with a strong pedestrian-oriented focus are essential. The goal to achieve in these areas is a FAR of 1.00-1.25 or more. Development should exhibit quality building and site design and an attractive street character. The mix of residential uses may be achieved vertically within buildings;however, some horizontal mixes may be allowed. This designation calls for an overall target density of 8 to 12 units per acre with higher densities allowed on individual projects.No more than 30%of the ground level development within the MU-Com designation should be used for residences. HDE areas are recommended as predominantly office,research and specialized employment areas; and generally do not include retail and consumer service uses serving the wider community. Limited retail and service establishments primarily serving employees and users of the HDE area are encouraged. These areas should provide a variety of flexible sites for small,local or start-up businesses, as well as sites for large City of Meridian I Department Report 111. Staff Analysis national or regional enterprises. They should be designed to encourage multi-modal travel and convenient circulation to supporting services located within the area. Whenever / j266005F ]8,1005F ^2\B ZSO SF 8.000 SF f )V ' (59C�S MU-RE5 14..1001 1{—q 15,500SF 4,50055 ,I 55 SF27 MU-COMm 34005E 16,8]59F 4.275 SF Cfi,0005F n 10 950 SF� W VILLAGGIO Wqv ^3i30 SF 0,5505E oy 1�11103005F 9.150 SF u O t O,WO SF 45.450 IF 25.000 SF 0,]50 SF . ],500 SF ].000 SF 177 20.250 SF 25.WO SF 26,8005E 111.]505F 19.000 SF HDE 24.2005F W,NAVIGATOR WAY e- 145,000 SF 5T.100 SF 14,0005F Z0,5005E 19.000 SF 73,W0 SF 1NTERS,4,M possible,HDE areas should provide restaurants,lodging and other services in support of the employment uses and be designed as compact urban centers rather than lower density suburban-style development. It's anticipated that buildings will range in height from 1 to 6 stories,have total floor areas of 10,000 to 1,000,000 square feet, and that the FAR will exceed 1.0. Designs that promote open space and parks are strongly encouraged. Structured parking is also allowed. Land use types desired in HDE areas are corporate, business and professional offices;research facilities and laboratories; and complementary uses primarily serving district employees and users, such as business services,conference centers, child care,restaurants, convenience retail, and hotels and motels. Per UDC Table 11-2B-1,allowed uses in the C-C district are larger scale and a broader mix of retail, office and service uses located with access to arterials or non-residential collectors; allowed uses in the C-G district are the largest scale and broadest mix of retail, office, service and light industrial uses in close proximity and/or access to interstate or arterial intersections; allowed uses in the M-E district are offices,medical centers, research and development facilities, and light industrial uses with ancillary support services with access to arterial or collector; and allowed uses in the H-E district are corporate headquarters, office complexes,research and development facilities and complementary services such as conference centers and hospitality use with limited retail in close proximity to Federal and State highway interchanges and major arterials. The allowed uses for the C-C, C-G,M-E and H-E zoning district are listed in UDC Table 11- 2E-2;the dimensional standards are listed in UDC Table 11-2B-3. The Applicant submitted a plan shown below that depicts building square footages for the 76.15-acre HDE area totaling 533,450 s.f.resulting in a floor area ratio(FAR)of 0.16 and for the 64.21-acre MU-Com area totaling 489,640 s.f.resulting in a FAR of 0.18, which is significantly below the goal of 1.00-1.25 or more in the MU-Com area and exceeding 1.0 in the HDE area. Development in these areas needs to be much more intense in the MU-Com and HDE designated areas and designed as compact urban centers rather than lower density suburban-style development in order to be consistent with the Plan. City of Meridian I Department Report 111. Staff Analysis Although a mix of commercial uses are proposed,only one of the three major use categories is provided(i.e.commercial)—no major employment uses are proposed as required in either the MU-Com or the HDE areas and integrated residential uses are not proposed in the MU-Com area,which are essential. The proposed MU-Com and HDE designations are not consistent with the proposed development plan or the intended plan for this area as the required mix of uses is not provided—significant changes to the concept plan and use area plan would be needed in order to be consistent. • Area 3) accommodates medium to higher-density office,commercial,recreation,medical and hospitality uses. This area is currently designated MU-Com and HDE with C-C,M-E and H-E zoning. The Applicant proposes a reconfiguration of the MU-Com and HDE areas and a rezone to reconfigure the boundaries of the C-C,H-E and M-E districts accordingly and add C-G zoning. The Applicant also proposes to change a"sliver"of the HDE area along the west boundary in Areas 2 and 3 of the Use Area Plan to ME and rezone from H-E to M-E for the southern portion of that area to match that of the abutting property to the west and to align with the future lot line. The ME area will be developed by Adler Industrial separate from this development. See above for information on MU-Com and HDE designated areas and associated analysis.As noted above,the FAR's in the MU-Com and HDE areas are significantly below the established goals in the Plan.Although commercial and employment uses are proposed from the three(3)major use categories,integration of residential uses is not proposed as desired.Office and other employment uses need to be of a much higher intensity in this area in order to be consistent with the MU-Com and especially the HDE designation and designed as compact urban centers rather than lower density suburban-style development Recreation uses are not desired in HDE designated areas. In 2022,Planning Staff prepared a Land Use Analysis for the Mayor& Council related to alignment of development approvals within the Ten Mile Area in relation to the TMISAP itself.The Plan was adopted in 2007 and encompasses 2,200 acres; this area was planned foremost to serve as an employment area with supporting residential uses to balance transportation impacts and to provide for unique lifestyle opportunities.The Plan is envisioned by land use area(acres)to be approximately 48% non-residential and 52% residential. The analysis at that time reflected 27% non-residential and 73% residential; additional approvals since that time are referenced in Section VII.A.S,there have been no updates to this analysis.Much more and a higher density of employment uses are needed in this area to provide jobs for area residents and balance transportation impacts. In summary, Staff is not in support of the proposed map amendment and associated rezone based on the conceptual development plan proposed as it doesn't meet the minimum development guidelines in the TMISAP nor does it provide the mix of integrated uses desired in Mixed Use designated areas or the intensity and/or types of uses desired in the MU-Com and HDE designated areas. If Council is of the opinion the proposed development plan is more appropriate for this area than that envisioned in the adopted TMISAP,Staff suggests alternate FLUM designations and zoning are approved consistent with the proposed development plan, as follows: MHDR and R-15 zoning for the property in Area 1; and Commercial and C- G zoning in Areas 2 and 3 (see second adopted vs.proposed FLUM exhibit in Section VII.C). City of Meridian I Department Report Note: The City Council previously approved an alternate FLUM designation of Commercial for the Ten Mile Crossing development across Ten Mile Rd. to the east that deviated from the TMISAP. 3. Dimensional Standards (UDC 11-2): See UDC Table 11-2B-3 for the dimensional standards of the C-C, C-G,M-E and H-E zoning districts; and UDC 11-2D-5 for the TN-C district. 4. Specific Use Standards (UDC 11-4-3): The future multi-family development must comply with the standards listed in UDC 11-4-3- 27. Other uses as noted in the applicable Allowed Use table may require compliance with specific use standards. D. Design Standards Analysis 1. Existing structure and Site Design Standards (Comp Plan, UDC 11-3A-19): Future development should comply with the structure and site design standards listed in UDC 11-3A-19;review for compliance with these standards will take place with future development applications. Comprehensive Plan Policy#3.07.01A-"Require all new development to create a site design compatible with surrounding uses through buffering, screening, transitional densities, and other best site design practices." 2. Qualified Open Space&Amenities (Comp Plan, UDC 11-4-3-27): The future multi-family development should comply with the open space and site amenity standards listed in UDC 11-4-3-27C, D.Review for compliance with these standards will take place with the Conditional Use Permit and/or Certificate of Zoning Compliance application for such, as applicable. An open space exhibit was submitted as shown in Section VII.L. Comprehensive Plan Policy#2.02.01E—"Encourage the development of high quality, dense residential and mixed-use areas near in and around Downtown, near employment, large shopping centers,public open spaces and parks, and along major transportation corridors, as shown on the Future Land Use Map." 3. Landscaping(Comp Plan, UDC 11-3B): Comprehensive Plan Policy#5.01.02D—"Require appropriate building design, and landscaping elements to buffer, screen, beautify, and integrate commercial, multifamily, and parking lots into existing neighborhoods." i. Landscape buffers along streets A 35-foot wide street buffer is required along S. Ten Mile Rd.,an entryway corridor and arterial street; 20-foot wide street buffers are required along all collector streets(i.e. W. Cobalt Dr.,W. Villagio Way/Grand Mogul, S.Umbria Hills Ave., S.Navigator Dr., and the off-site S. Sunset Point Way); and a 50-foot wide street buffer is required along I-84. Landscaping is required within the street buffers in accord with the standards listed in UDC 11-3B-7C.Additional landscape design features are required along entryway corridors(i.e. S.Ten Mile Rd.). Street buffer landscaping is required to be provided with the subdivision improvements. ii. Parking lot landscaping Internal parking lot landscaping is required in accord with the standards listed in UDC I 1-3B-8C. iii. Landscape buffers to adjoining uses City of Meridian I Department Report The C-C, C-G and H-E zoning districts require a 25-foot wide buffer to be provided to residential uses; landscaping and sometimes fencing(if the use can't be adequately buffered by landscaping)is required within the buffers in accord with the standards listed in UDC 11-3B-9C. iv. Tree preservation Existing trees 4-inch caliper or greater that are removed from the site during development may require mitigation(see UDC 11-3B-10 for more information). v. Storm integration Stormwater integration is required in accord with the standards listed in UDC 11-3B-11 C. vi. Pathway landscaping Landscaping is required along all pathways in accord with the standards listed in UDC I 1-3B-12C. 4. Parking(UDC 11-3C): Off-street parking is required to be provided with all development in accord with UDC standards. i. Residential parking analysis Off-street parking is required to be provided for the multi-family development in accord with the standards for such listed in UDC Table 11-3C-6.Note: Townhomes are considered multi family when not on individual lots. ii. Nonresidential parking analysis Off-street parking is required to be provided for non-residential uses in the commercial and traditional neighborhood districts in accord with the standards listed in UDC 11-3C- 6B. iii. Bicycle parking analysis A minimum of one(1)bicycle parking is required to be provided for every 25 proposed vehicle parking spaces or portion thereof, except for single-family residences, duplexes and townhouses per UDC 11-3C-6G. Bicycle parking facilities should comply with the standards listed in UDC 11-3C-5C. 5. Building Elevations (Comp Plan,Architectural Standards Manual): Comprehensive Plan Policy#5.01.02—"Support beautiful and high-quality development that reinforces neighborhood character and sustainability." Typically, all building elevations should comply with the design guidelines in the TMISAP (see Application of Design Elements table on pg. 3-49)and the design standards listed in the Architectural Standards Manual. However,the Applicant requests that these guidelines and standards not apply to this development and instead proposes alternate design standards and a design review process of their own for the proposed development as part of the development agreement. The proposed project design standards incorporate site development and architectural design standards. The intent of which, as stated in the document, is to establish a set of criteria and procedures that will be used to implement The District at Ten Mile's land use policies to ensure economic viability and a high-quality standard of development that encourages flexibility, innovation, creativity and design elements within the overall development. These standards are proposed to supersede the design guidelines in the TMISAP. The document proposes to create an overlay district and applies to all development within The District. Prior to submission of a Certificate of Zoning Compliance(CZC)application to City of Meridian I Department Report the City,a Design Review application will be submitted to the Master Developer for review to ensure compliance with the Site Development and Design Standards. Once approval is granted,the application will then be submitted to The District at Ten Mile Architectural Review Committee(TDARC) for review and approval. Following both approvals,the CZC application can then be submitted to the City without further design approvals from the City. While all of the proposed design standards may not expressly align with the guidelines in the TMISAP,they appear to generally follow the guidelines and should ensure a high quality of development. These standards may not allow deviations to UDC standards. Note: The City Council previously approved alternate design standards to those in the ASM and the guidelines in the TMISAP for the Ten Mile Crossing development across Ten Mile Rd. to the east. The proposed design standards and process is similar to those. 6. Fencing(UDC 11-3A-6, 11-3A-7): All/any fencing proposed on the site should comply with the standards listed in UDC 11-3A-6 for fencing along waterways and 11-3A-7. 7. Parkways(UDC 11-3A-17): All parkways should comply with the standards for such listed in UDC 11-3A-17. 8. Public Art—TMISAP(3-47) Public art in a high quality of designquired to be provided in shared spaces and incorporated into the desim of streetscapes as set forth in the TMISAP (see pg. 3-47). The Applicant should submit a plan depicting general locations of public art along with examples of the art proposed with the final plat application. E. Transportation Analysis A Traffic Impact Study(TIS)was not submitted for this development as ACHD did not require one. ITD is requesting a TIS for this development as impacts to the State Highway System are anticipated due to the type and proximity of the development. Collector streets are required to be constructed with development in accord with ACHD's Master Street Map(MSM). The preliminary plat depicts the extension of Villagio/Grand Mogul from S. Ten Mile Rd.to the west boundary of the subdivision,the extension of W. Cobalt Dr. to S. Umbria Hills Ave.,the extension of Umbria Hills south to Villagio/Grand Mogul, and the extension of W.Navigator Dr.to the west boundary of the site in accord with the MSM. The Street Section Map in the TMISAP requires Vanguard/Villagio from Ten Mile to the roundabout to be constructed in accord with Street Section B as a typical 4-lane parkway and west of the roundabout with Street Section C as a major collector street; Cobalt with Street Section D as a residential collector street; Umbria Hills with Street Section E as a minor collector street—because diagonal parking isn't appropriate for this section, Staff instead recommends this street is constructed as a residential collector in accord with Street Section D; and Navigator with Street Section C as a major collector street in accord with the following diagrams,unless otherwise required by ACHD: City of Meridian I Department Report l { � _ A u IC IF ill H I 11' I q �! lord L k&w 4t r. ILr LiM wi,p iIY cwaotma,rre u Lxb—nhdvra r C Alk r J UI. p T 4 t C 11¢ �Anp �IiI�tiFQ1a �! D I tQ' I 5 8' S 6' if if ' d' S` 6 1" � r 'ne Ia thke Iare Parking Lauc Ldnr Park ti� I [Lrh•ra•drab dls6ance Ab M;TAft Wmi �v 15P Too LAF U aq 0 Al -- � hg We 63' Lase Parking i � {mrb-la-curb d�Wnce " Note:Street Section "E"is included for reference but not recommended to be constructed. Collector streets should be designed in accord with the street sections shown above as depicted on City of Meridian I Department Report the Street Section Map in the TMISAP unless otherwise approved by ACHD with the exceptions of 10-foot wide detached sidewalks/pathways in lieu of on-street bike lanes for public safety and the provision of on-street parking in areas not indicated for such where buildings are close to the street and parking is warranted. 1. Access(Comp Plan, UDC 11-3A-3, UDC 11-3H-4): Access is proposed via the extension of S.Umbria Hills Way from the north boundary; and the extension of W. Cobalt Dr., S.Vanguard Way/Villagio and W.Navigator Dr. from the east boundary of the site, all collector streets. Comprehensive Plan Policy#6.01.02B— "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." 2. Multiuse Pathways(UDC 11-3A-5): Multi-use pathways are required to be provided with development in accord with the Pathways Master Plan. Per the plan,a 10-foot wide multi-use pathway is required along the Purdam Drain(or drain alignment)and should connect to the existing pathway in Baraya Subdivision to the north;within the street buffer along the east/west collector street(i.e. Villagio/Grand Mogul); and within the street buffer along 1-84. A 14-foot wide public use easement is required for the multi-use pathways required by the Pathways Master Plan where they lie outside of public right-of-way and should be submitted to the Planning Division and recorded prior to City Engineer signature on the final plat. The easement and recorded instrument number should be depicted on the plat. 3. Pathways (Comp Plan, UDC 11-3A-8): All pathways should be constructed in accord with the standards listed in UDC 11-3A-8. A mobility plan was submitted as shown in Section VII.M below showing vehicular, pedestrian,bicycle and service drives that demonstrate good connectivity throughout the site. 4. Sidewalks(UDC 11-3A-17): All sidewalks should be constructed in accord with the standards listed in UDC 11-3A-17. Staff recommends as a DA provision requiring 10-foot wide detached sidewalks/pathways to be provided along all internal collector streets and those abutting this site(i.e. along the west boundary)in lieu of on-street bike lanes for public safety. 5. Private Streets(UDC 11-3F-4): All private streets constructed within the subdivision should comply with the standards listed in UDC 11-3F-4. A separate application is required to be submitted for approval of private streets and should be submitted concurrently with the final plat application. 6. Subdivision Regulations (UDC 11-6): Compliance with the subdivision design and improvements standards listed in UDC 11-6C-3 is required. F. Services Analysis See Service Accessibility Report in Section VILB below. 1. Waterways(Comp Plan, UDC 11-3A-6): All waterways, except natural waterways, are required to be piped unless used as a water amenity or linear open space, in which case they may be left open as set forth in UDC 11-3A- 6. The Purdam Gulch Drain bisects this site and lies within an 85-foot wide easement and is proposed to be piped with development.A private drain exists along the west side of the property as depicted on the plat and should be piped with development. City of Meridian I Department Report 2. Pressurized Irrigation(UDC 11-3A-15): Underground pressurized irrigation water is required to be provided in each development as set forth in UDC 11-3A-15. 3. Storm Drainage (UDC 11-3A-18): An adequate storm drainage system is required in accord with the adopted standards, specifications and ordinances; design and construction shall follow Best Management Practice as adopted by the City per UDC 11-3A-18. 4. Utilities (Comp Plan, UDC 11-3A-21): All utilities for the proposed development are required to be installed in accord with the standards listed in UDC 11-3A-21. Water service will be provided to this property via extension of main lines in Ten Mile Rd.; main lines are required to be extended to and through the subject property with development. The developer should coordinate main size and routing with the Public Works Dept. and execute standard forms of easements for any mains that are required to provide service. Sanitary sewer service will be provided via extension of main lines located near the Purdam Drain on the northeast side of the subject property; main lines are required to be extended to and through the subject property with development. The developer should coordinate main size and routing with the Public Works Dept. and execute standard forms of easements for any mains that are required to provide service. IV. CITY/AGENCY COMMENTS&CONDITIONS A. Meridian Planning Division 1. A new Development Agreement(DA) shall be required as a provision of the MDA and RZ applications. The previous DA's [i.e. Fedrizzi Ten Mile LLC(Inst.#112073618),Janicek Properties Ten Mile(Inst.#112073616), SJJV,LLC(Inst. #112073617),The 10 at Meridian (DA Inst. #2021-132704);Vanguard Village(Inst. #2022-049799] shall no longer be in effect for the subject property. Prior to approval of the rezone ordinance,a DA shall be entered into between the City of Meridian,the property owner at the time of rezone ordinance adoption, and the developer. A final plat application shall not be submitted until the rezone is finalized. 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 Rezone and DA amendment request. The new DA shall incorporate the following provisions: i. Future development of the subject property shall be generally consistent with the conceptual development plan,use area plan,mobility plan,preliminary plat and landscape plan included below in Section VI and the standards in the Unified Development Code(UDC). ii. Future development of Area 1, as depicted on the Use Area Plan in Section VI.H, shall be consistent with the development guidelines of the Medium High Density Residential Future Land Use Map designation in the TMISAP. iii. Future development of Areas 2 and 3,as depicted on the Use Area Plan in Section VI.H, shall be consistent with the Commercial Future Land Use Map designation in the Comprehensive Plan. iv. Future development shall be consistent with the Project Design Standards submitted by the Applicant and approved with this application, included herein. These standards shall City of Meridian I Department Report supersede the design standards in the Architectural Standards Manual and the design guidelines in the TMISAP. These standards shall not allow deviations to UDC standards. v. A collector roadway system shall be constructed on the subject property in accord with Ada County Highway District's Master Street Map and in accord with Street Section Map in the TMISAP as recommended by Staff, as follows: Villagio/Grand Mogul shall be constructed from Ten Mile to the roundabout in accord with Street Section B as a typical 4-lane parkway and west of the roundabout with Street Section C as a major collector street; Cobalt and Umbria Hills shall be constructed in accord with Street Section D as a residential collector street; and Navigator shall be constructed in accord with Street Section C as a major collector street in accord with the associated diagrams in the TMISAP,with the exception that 10-foot wide detached sidewalks/pathways shall be required in lieu of on-street bike lanes and on-street parking may be provided in areas not indicated for such where buildings are close to the street and parking is warranted,unless otherwise approved by ACHD. vi. The subject property shall be subdivided prior to issuance of any Certificates of Occupancies within the development. vii. A 10-foot wide multi-use pathway shall be constructed along the Purdam Drain(or drain alignment)in accord with the Pathways Master Plan and shall connect to the existing pathway to the north in Baraya Subdivision. A 14-foot wide public pedestrian easement shall be submitted to the Planning Division for the pathway. viii.Ten(10)foot wide detached sidewalk/pathway shall be constructed along both sides of all collector streets(i.e. W. Cobalt Dr., S.Umbria Hills Ave.,W.Villagio Way/Grand Mogul, S.Navigator Dr. and the off-site S. Sunset Point Way)within the site and adjacent to the west boundary of the site in lieu of on-street bike lanes; and within the street buffer along 1-84. A public use easement shall be submitted to the City for any portion of the sidewalks/pathways that lie outside of the public right-of-way. ix. Public art in a high quality of design shall be provided in shared spaces and incorporated into the design of streetscanes as set forth in the TMISAP (see pg. 3-47). The Applicant shall submit a plan depicting general locations of public art along with examples of the art proposed with the final plat application. 2. The final plat shall include the following revisions: i. Depict a 35-foot wide street buffer along S. Ten Mile Rd., an entryway corridor; 20-foot wide street buffers along all collector streets(i.e.W. Cobalt Dr.,W.Villagio Way/Grand Mogul, S. Umbria Hills Ave., S.Navigator Dr., and the off-site S. Sunset Point Way); and a 50-foot wide buffer along 1-84 in common lots or on a permanent dedicated buffer easement,maintained by the property owner,homeowner's association or business owner's association. ii. Depict street sections in accord with the Street Section Map in the TMISAP as required in the development agreement. iii. Depict 10-foot wide detached sidewalks/pathways along both sides of all collector streets (i.e. W. Cobalt Dr., S.Umbria Hills Ave.,W. Villagio Way/Grand Mogul, S.Navigator Dr., and S. Sunset Point Way)and within the street buffer along 1-84. iv. Depict public pedestrian easements for any portion of the detached sidewalks/multi-use pathways along the collector streets that are outside the public right-of-way and recorded instrument numbers of the easement where a separate easement is required by the Park's City of Meridian I Department Report Dept. 3. The landscape plan shall include the following revisions: i. Depict a 35-foot wide street buffer along S. Ten Mile Rd., an entryway corridor; 20-foot wide street buffers along all collector streets(i.e.W. Cobalt Dr.,W.Villagio Way/Grand Mogul, S.Umbria Hills Ave., S.Navigator Dr.,and the off-site S. Sunset Point Way); and a 50-foot wide buffer along I-84. ii. Depict landscaping within all street buffers in accord with the standards listed in UDC 11-313-7C. Additional landscape design features are required along entryway corridors (i.e. S. Ten Mile Rd.). iii. Depict 10-foot wide detached sidewalks/pathways along both sides of all collector streets (i.e. W. Cobalt Dr., S.Umbria Hills Ave.,W. Villagio Way/Grand Mogul, S.Navigator Dr. and S. Sunset Point Way) and within the street buffer along I-84. iv. Depict landscaping along all pathways in accord with the standards listed in UDC 11-3B- 12C. 4. Prior to submittal of the final plat for City Engineer signature, a 14-foot wide public pedestrian easement shall be submitted to the Planning Division,approved by City Council and recorded for the multi-use pathway along the Purdam Drain(or drain alignment) and any other pathways required by the Park's Department in accord with the Pathways Master Plan that are outside of public right-of-way. 5. All private streets constructed within the subdivision shall comply with the standards listed in UDC 11-3F-4. A separate application is required to be submitted for approval of private streets and should be submitted concurrently with the final plat application. 6. All waterways, except natural waterways, are required to be piped unless used as a water amenity or linear open space,in which case they may be left open as set forth in UDC 11-3A- 6. 7. Permanent addresses cannot be assigned until Ada County has approved the proposed street names. 8. Approval of the 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 b. the he 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 maybe 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. 9. Staff's failure to cite all relevant UDC requirements does not relieve the Applicant from compliance. Other Agency comments maybe accessed in the project ale included in the public record. V. FINDINGS A. 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 City of Meridian I Department Report council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the alternate map amendment, as suggested by Staff complies with the applicable provisions of the Comprehensive Plan. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the alternate map amendment, as suggested by Staff complies with the regulations outlines for the proposed districts. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds the alternate map amendment, as suggested by Staffshall 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 alternate map amendment, as suggested by Staffshould not result in an adverse impact on 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 proposed request is for a rezone, not annexation. B. Comprehensive Plan(UDC 11-5B-7D) 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 a amendment to the Comprehensive Plan,the Council shall make the following findings: 1. The proposed amendment is consistent with the other elements of the comprehensive plan. The City Council finds the alternate amendment suggested by Staff that's consistent with the proposed development plan is consistent with the other elements of the Comprehensive Plan. 2. The proposed amendment provides an improved guide to future growth and development of the city. The City Council finds the alternate amendment suggested by Staff that's consistent with the proposed development plan,provides an improved guide to future growth and development in the City. 3. The proposed amendment is internally consistent with the goals, objectives and policies of the Comprehensive Plan. The City Council finds the alternate amendment suggested by Staff that's consistent with the proposed development plan, is consistent with the Goals, Objectives, and Policies of the Comprehensive Plan. 4. The proposed amendment is consistent with the Unified Development Code. The City Council finds the alternate amendment suggested by Staff that's consistent with the proposed development plan, is consistent with the Unified Development Code within the conditions listed herein. City of Meridian I Department Report 5. The amendment will be compatible with existing and planned surrounding land uses. The City Council finds the alternate amendment suggested by Staff that's consistent with the proposed development plan, will be compatible with existing and planned surrounding land uses if approved by City Council. 6. The proposed amendment will not burden existing and planned service capabilities. The City Council finds the alternate amendment suggested by Staff that's consistent with the proposed development plan, will not burden existing and planned service capabilities in this portion of the city. Sewer and water services are available to be extended to this site. 7. The proposed map amendment(as applicable)provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. The City Council finds the alternate amendment suggested by Staff that's consistent with the proposed development plan,provides a logical juxtaposition of uses and sufficient area to mitigate any development impacts to adjacent properties. 8. The proposed amendment is in the best interest of the City of Meridian. The City Council finds the alternate amendment suggested by Staff that's consistent with the proposed development plan, is in the best interest of the City. C. Preliminary Plat(UDC 11-613-6) In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision-making body shall make the following findings: In consideration of a preliminary plat,the decision-making body shall make the following findings: 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; The City Council finds the proposed development plan and alternate FL UM designations suggested by Staff with the conditions contained herein, the preliminary plat will be in conformance with the Comprehensive Plan and the UDC. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; The City Council finds public services are available to the site and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The City Council finds there are no scheduled public improvements adjacent to or on this site. 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. City of Meridian I Department Report The City Council is unaware of any significant natural,scenic or historic features that need to be preserved with this development. City of Meridian I Department Report VI. ACTION A. Staff: Staff is not in support of the proposed map amendment and associated rezone based on the conceptual development plan proposed as it doesn't meet the minimum development guidelines in the TMISAP nor does it provide the mix of integrated uses desired in Mixed Use designated areas or the intensity and/or types of uses desired in the MU-Com and HDE designated areas. If Council is of the opinion the proposed development plan is more appropriate for this area than that envisioned in the adopted TMISAP, Staff suggests alternate FLUM designations and zoning are approved consistent with the proposed development plan,as follows: MHDR and R-15 zoning for the property in Area 1; and Commercial and C-G zoning in Areas 2 and 3 (see second adopted vs.proposed FLUM exhibit in Section VII.Q. B. Commission: The Meridian Planning&Zoning Commission heard these items on August 15,2024.At the public hearing,the Commission moved to recommend approval of the subject CPAM,MDA,RZ and PP requests. 1. Summary of Commission public hearing: a. In favor: Tonn Peterson,Ball Ventures Ahlquist; Geoff Wardle,Clark Wardle; Colin Ronhaar,Ardurra; Elizabeth Allen,Ball Ventures Ahlquist—Applicant and Representatives b. In opposition:None c. Commenting. Jenny Defrates d. Written testimony: Kristina Bolt; Geoff Wardle,Clark Wardle(APplicant's Representative) e. Staff presenting application: Sonya Allen f Other Staff commenting on application: Bill Parsons 2. Key issue(s)of public testimony a. Concern that the proposed development will increase the traffic gridlock on Ten Mile, Franklin&I-84. b. Desire for preservation of the existing(cedar?)tree along Ten Mile Rd. and any othe trees on the site. c. In support of the services and shopping opportunities proposed within the development. d. Against the proposed development. 3. Key issue(s)of discussion by Commission: a. Agreement with Staff that the proposed development plan is not consistent with the TMISAP. b. Concurrence that the TMISAP being 17 years old may be outdated and there may be a need to refresh it to reflect current conditions. c. General agreement that the proposed development plan is appropriate for this area and supports Staff s suggested path forward with FLUM designations and zoning districts. 4. Commission change(s)to Staff recommendation: a. Recommend approval to Council with the additional recommendation that Council consider if the proposed FLUM designations&zoning are consistent with the proposed development plan and whether those need to be modified. 5. Outstanding. ids for City Council: A. Staff requested the Applicant submit a phasing plan for the overall development to understand the timing of infrastructure improvements—the Applicant has declined to do SO. City of Meridian I Department Report VI.Action C. City Council: The Meridian City Council heard these items on(continued from: September 10,2024) September 17 and 24,2024.At the public hearing on September 24,2024,the Council moved to approve the subject CPAM.MDA. RZ and PP applications. 1. Summary of the City Council public hearing: a. In favor: Geoff Wardle,Clark Wardle,and Tonn Peterson b. In opposition:None c. Commenting: Gina Johnson,Kristina Bolt,Karla Ehlers,Ryan Manwaring,Katie Manwaring,Colin Ronhaar,Heather Christiansen,Natalie Purcell d. Written testimony: Several letters of testimony have been received(see public record) e. Staff presenting application: Sonya Allen and Bill Parsons f. Other Staff commenting on application:None 2. key issue(s) of public testimony: a. Request for the developer and the City to consider an alternate development plan for this area that would benefit charities- b. Concern what the proposed development will do to this area.no need for more multi-family in this area—the City already has The Village,consider the neighborhoods in this area: C. Against more high-density apartments in this area,concern pertaining to capacity of area schools: d Concern about lagging infrastructure in this area,quality of education for our kids healthcare issues• 3. Kev issue(s)of discussion by City Council: a. Cumulative impacts to the school district. b. Possible reduction of traffic on Ten Mile with the construction of SH 16 and Linder Road overpass. C. Pro ct otential to contribute to the overall non-residential uses in the area. d. ITD's requirements for a traffic impact study. e. ACHD improvements being required with the development, current road improvements underway,and the need for a regional traffic impact study. f. Phasing of the project. 4. City Council change(s)to Commission recommendation: a. None VII. EXHIBITS A. Project Area Maps Note:Because the subject property has not yet been subdivided, the following maps depict the parcel as it exists today; however, a portion of the parcel at the southwest corner of the site is not a part of this application. (link to Project Overview) City of Meridian I Department Report VII. Exhibits V �y - a 1. Aerial loo ;t LocationLegend M Project Area of ::: s ImpactW. r' Analysis84 W. W. t - W39 Zoning2. Map 0 g RUT fir;,; � FRANKL-IN � r„� a U aLegend .� m Project Location 11 Area of Impact 4 ■�� DepartmentCity of Meridian .o Fire ' IIII.r lil if\\\117�I11 iil tl n q II,111111 it i1111 • Z W �— � FRANKLI�N � • 1 11 !11 U ' Q • . _ _ . - o Eon III�IIII I . -. . � .. � 4 - �• ,-� �IIIIIIIII MAI � -- �.• [Illll� IIIIY � �i�/��ANN�• ��•���- rR7�f11�11111111111r111111A111 �.. Yd e f •" •111111►v� l7 11fq III I IIII IIJ11111111111111 J 'llllllllll��°'iLiiiu _. � � ii �I'i1 1 I -IA ill - •1..1Y � ■ �� ' Illr' IWEIl1E111y11l1111111111 � ..�`. ,.r .!!!IIII��c_ r� ■■ — s "'1 IIII!--L ��pE i11Al2..111� �• r•- ,�-,��: QIIII I�ru I I� , m MY U==_ru�`ufnnrrinr I11_ V IIIPlllllllllhlll�� �• Q=IIIIIII1111111111=_'__ l e 11111111111111111 ' .� �' 11JI�� m.1inlg fnulnp Iuuu � . . . �� ,�■■ �:II1E6—Epp MI ��IIIIIIII B. Service Accessibility Report PARCEL S1215131401 SERVICE ACCESSIBILITY Overall Score: 29 32nd Percentile Description Lc,-atlon In City Limits GREEN 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 n 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 Within 1f4 mile of future transit route YELLDI-V Ultimate configuration (#of lanes in master street= Arterial Road Buildout Status GREEN plan) matches existing of lanes) School Walking Proximity Within 112 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) Park Walkability No park within walking distance by park type RED City of Meridian I Department Report VII. Exhibits C. Future Land Use Map—Adopted vs.Proposed Applicant Proposed: 0 NO 1,000 Date:7l2212d24 Feet Adopted Future land Uses --FRANKLIN Ir � AN !s =� !1 1 1 k e I I II I I II'I Area of Change Applicant Proposed Proposed Future Land Uses Staff Cleanup f , ---FRANKLIN ++ r I I II I ,I rrrr�� •�.a 1il���r 111 f III I II I -- III, •' Q I ILU EWW ■ ,■ LLJ 500 I II II • I I � u l l u•1 City of Meridian Department Report VII. Exhibits Staff Recommended(if Council Approves Proposed Development Plan): 0 500 1,000 Date:8/I ZM24 nnmw-::�Feet Adopted Fufure Land Uses +1 , . 7w ti =FRANKLIN---- I all ! I I 1 !*•. Iv 11 } 1 I I I I 1 it r, Q se U �} z _ Ii ►`� }Y } d' F$ High Density IK II I I II I '' EE k Area of Change Staff Aftemative to Applicarion Proposed future Land Uses ■..a Staff Oeanup T LI �.�J --r� —YFRANKLIN-[.�—.�- n l�11 1 1 Ly.gJyy! ' / dV U OrA + *00.1J+I 7,161 1 1 II E r r City of Meridian Department Report VII. Exhibits D Rezone Legal Descriptions&Exhibit Maps ( — � � « >�_ --- �! �& 2*/ " -C � ` . T\-C \ \ \ ji r .*•A� -y, � C-G j ( � — � — — E : H-E C-S � Jm City of Meridian Department Report Vt £xibw /�/ ARDURRA Project No:230739 Date:July 11,2024 Page I of 1 ZONETN-C DESCRIPTION A parcel of land located in the SWI/4 of the NEI/4 of Section 15,Township 3 North,Range I West, Boise Meridian,City of Meridian,Ada County,Idaho,more particularly described as follows: COMMENCING at the northeast one sixteenth comer of Section 15;thence,along the north boundary of said SWI/4 of the NEI/4, A N.89015'15W.,21.07 feet to the POINT OF BEGINNING,thence leaving said north boundary, 1. 5.0004448'W.,W36 feet;thence, 2. 5.140"'"'W.,96.99 feet;thence, 3. 5.28058'46'W.,589.66 feet;thence, 4. 5.04043'51"E.,297..25 feet,thence, S. S.(ui31'04'W.,7720 feet;thence, 6. 5.04054'04"E.,279.57 feet to the beginning of a non tangent curve:theme, ). Westerly along said curve to the right having a radius of 20W.00 feet,an arc length of 130AB feet,through a central angle of 3046'17',of which the long chord bears 5.88053'09'W.,130.46 feet to the south boundary of said SWI/4 of the NEI/4;thence,along said boundary,tangent from said!curve, S. N.89014'39W.,15.40 feet,thence,leaving said boundary, 9. N.0004522-E.,67.95 feet to the beginning of a non-tangent curve;thence, 10.Northerly along said curve to the right having a radius of 914.W feet,an arc length of 615.97 feet,through a central angle of 38036'48',of which the long chord bears N.0404803'W.,604.38 feet to the beginning of a non tangent curve:therse, 11.Northerly along said curve to the left having a radius of 1450.W feet,an arc length of 580.02 feet,through a central angle of 22055'O9',of which the long ch m!bears N.01039'21-E,576.16 feet;thence,non tangent from said curve, 12.N.W12.10W.,WM feet to said north boundary,thence,along said boundary, LL1A 13.5.89015'I5"E.,450J8 fee[to the POIM OF BEGINNING. CONTAINING: 7.48Ac. c �3�65 '^ I/I�Ny 17f OF r�! O'MPI"� 332 N.Bm,dmm Way I Nompp I 83687 120E 44263W wwr.mdmmwm EXHIBIT SKETCH - ZONE TN-C m LOCATED IN THE SW114 OF THE NE114 OF SECTION 15, TOWNSHIP 3 NORTH, RANGE 1 WEST,BOISE MERIDIAN,CITY OF MERIDIAN,ADA COUNTY,IDAHO 2024 CNI116 POINT OF '6 N6a}5'15-W 1320.76- BEGINNING NE1116 Bi892' k ® ZONE TNL 5 o- 100' x00' 400' T.L8 AC I V/ g - RN-CI 6 a a n R_m 8 (oc) a IN I I = I I s_ Xl LAry f S X � 13765 'e aLo �090'4 P1�E1 b C1/4 ea6_a1•_ CE /16 S891439'E 1321.q' (C-C) nk4POP VON VARDURRA NN.BROAWOORE WAV ® NAM PA,IA RDUR rJItat00LNW1V.PHDY PRI.CON /\\// ARDURRA Project No:230739 Date: May 16,2024 Page 1 of 1 ZONE C-C DESCRIPTION A Parcel of land being all of Lot 2 Block 2 of Outer Banks Subdivision,recorded in Book 126 of Plats at Pages 20" 20205,records of Ada County,Idaho,located In the NEI/4 of the NEI/4 of Section 15, Township 3 North,Range I West,Boise Meridian,City of Meridian,Ada County.Idaho,more particularly described as follows: COMMENCING at the north one-suteenth comer common to Sections 14&15;thence,along the south boundary of said NEI/4 of the NEI/4, A. N.M014'S9'W,81A7 feet to the POINT OF BEGINNING,thence,confining, 1. N.Wtal'S9'W,358.86feet;thence,leaving said north boundary, 2. N.59025'S0'E,162.82 feet to the beginning of a tangent curve;thence 3. Northeasterly along said curve to the right having a radius of 263.00 feet,an arc length of 117.45 feet,through a central angle of 25035'17',of which the long chord bean N.72013'28"E., 116.48 feet to a curve;thence,non-tangent from said curve, 4. &59031'25-E.,110.35 feed;thence, S. &M*39'59-W.,57.05 feet thence, 6. &B602O'O1-E.,17.00 feet thence, 7. &M*39'35-W.,9.27 feet to the POINT OF BEGINNING. COWAINING: O.62 Ac. V 332NAwodw,i I Namp.1063687 12084426300 ww,oduno.wm EXHIBIT SKETCH - ZONE C-C LOCATED IN THE NE1/4 OF THE NE114 OF SECTION 15, TOWNSHIP 3 NORTH, RANGE 1 WEST,BOISE MERIDIAN,CITY OF MERIDIAN,ADA COUNTY,IDAHO 2024 ZONE C79 FNE1116 8Bp.5o' 31,37 N1/18 N8014'ssw 1321.21 15 14 POINT OF (�) BEGINNING qmC Q 3 N� CEt/18 SM505-E 132E73' Nµ LAHpp -� GE i} ' 13765 f �p90'MAILf'y [VARDURRA x Nus4 e �oeyxawo w Aawizmccw /\/ ARDURRA Project No:230739 Date:July 11,2024 page I of 1 ZONEC-C DFSCRIPTION A parcel of land located in the NEI/4 of the SEI/4 of Section 15,Township 3 North,Range I West, Boise Meridian,City of Meridian,Ada County,Idaho,more particularly described as follows: COMMENCING at the one quarter comer common to Sections 14&15;thence,along the east boundary of said NEI/4 of the SEI/4, A 5.00030'02'W.,278.31 beer to the POINT OF BEGINNING,thence,continuing 1. 5.00030'02RN.,606.98 feet;thence, 2. N.89016S4W.,880A7 feet,thence, 3. N.00043'56-E.,"2.18 feet to the beginning of a tangent curve;thence, 4. Northerly along said curve to the right having a radius of 20GW feet,an arc length of 103.87 feet,through a central angle of 29045'21',of which the long choM bears N.15036'37-E,102.70 feet to a point of reverse curve;thence, S. Northerly along said curve to the left having a radius of 200.00 feet,an arc length of 10317 feet, through a central angle of 29045'21',of which the long chum!bean N.15036'37-E.,102J0 feet; thence,tangent from said curve, 6. N.0004356'E.,0.67 feet:thence, 7. 5.87057'20"E.,30.11 feet;thence, B. 5.00910rWE.,107.18 feet,thence, 9. 5.ffi3 4"E.,793.76 feet to the POINT OF BEGINNING. CONTAINING: 12.34Ac. 3765 µ Le C 7�i/xg �T O'MA1�� 332Ne,ondmen Way I N11pg10836S7 12004436300 1 m.mdm..mm EXHIBIT SKETCH - ZONE C-C m LOCATED IN THE NE114 OF THE SEIIO OF SECTION 15, TOWNSHIP 3 NORPH, RANGE 1 WEST,BOISE MERIDIAN,CITY OF MERIDIAN,ADA COUNTY,IDAHO 202C a� CE1116 _ _ _ SWIVOSE 1321.7S -15d id b lro my (C-C) PONT OF BEGINNING 3 NG I ZONE q g 12U d —m s 00 no a — (H-E) � � $ F N 00913'37'E 1320.08' _ _ _ SE1/18 1$ id � 51I18 Y,I.I L.I MOf 13765 ARDURRA /�/ARDURRA Project No;230739 Date; May 16,M24 Page 1 of 2 ZONE WE DESCRIPTION A parcel of land located in the NEI/4 of the SEI/4,the NWI/4 of the SEI/4,the SWI/4 of the NEI/4 and the SEI/4 of the NEI/4 of Section 15,Township 3 North,Range 1 West,Boise Meridian,City of Meridian,Ada County,Idaho,more particularly described as follows: COMMENCING at the cents one quarter corner of Section 15;thence,along the north boundary of said NWI/4 of the SEI/4, A 589014'39-E.,721.00 feet to the POINT OF BEGINNING thence,continuing, 1. 5.89014'39-E.,190.81 feet to the begJmmng of a tangent curve;thence, 2. Northeasterly along said curve to the left having a radius of 2000.00 feet an arc length of 304.36 feet,through a central angle of 8°43W,of which the long chord bears N.86023'38-E., 304.O7 feet to a curve;thence, 3. Northeasterly along said curve to the right having a radius of 1500.00 feet an arc length of 145.02 feet,through a central angle of 5032'22',of which the long chord bears N.84°48'23'E., 144.96 feet,thence,tangent from said curve, 4. N.97°3P33'E.,9.81 feet,thence, S. &W*45'12'W., 199.38 feet,thence 6. 589019'13'E.,411.44feet to the beginning of a non-tangent curve;thence, ). Southwesterly along said curve to the left having a radius of 22112 feet an arc length of 1W.92 feet,through a central angle 0f 41040'42',of which the long chord bears 5.69045'OTW.,157.40 feet,thence,tangent from said curve, S. 549045'00-W.,229.53 feet to the beginning 0f a tangent curve;thence, 9. Southwesterly along said curve to the right having a radius of 247.12 feet,an arc length of 148.W feet,through a central angle of 34018'48',of which the long chord bean SJ1009'48-W., 145.W feet thence,non-tangent from said curve, 10.&W*33'00'W., 124.95 feet;thence, 11.N.89014-W-W.,ST9.54 feet to the beginning 0f a non tangent curve;thence, 12.Northwesterly along said curve to the right having a radius 0f 200.00 feet,an arc length of 93.52 feet,through a central angle 0f 26047'32',0f which the long chord bears N.12°47%WW.,92.67 feet,thence,tangent from said curve, 332N.BwodmaeWW I N ,PoJD8368] 12084426300 1 www.aNum.mm Projmt No:230739 Date: May 16,2026 Page 2 of 2 13.N.W°36' 3'E.,050.89 feet to the POINT OF BEGINNING. CONTAINING: 9.13 Ac. \OHBL LIMO 1� ` 13765 c nv Lea o'Yn��E 2 332N.Bwodmam Wry I Namp.ID83687 12004426300 v w.o�du,w.mm EXHIBIT SKETCH -ZONE H-E m LOCATED IN THE NEI/4 OFTIESE114,THE NW114OF THE SEI14,THEGW1I4 OF THE NE114,ANDTHE SE114 OF THE NEI14 OF SECTION IS,TOWNSHIP 3 NORTH,RANGE I WEST,BOISE MERIDIAN, CITY OF MERIDIAN,ADA COUNTY, IDAHO a 2D24 A a lwKry R NE1/18 e POINT (TN-CI R 5! y g BEGINNING G (C-G) NEi e� C1/4 S11914'39-E 1321.Q S891505-E 1321.73 I21.G0 �E111$ BASIS OF BEARINGS —1$014 b E HE H-E g b 8 NFL L INp f G ` BE /16 ' /�/ ARDURRA pl /\\// ARDURRA Project No:230739 Date:May 16,2024 page 1 of 1 ZONECG DESCRIPTION A parcel of land located in the NWI/4 of the SEI/4 and the NEI/4 of the SWI/4 of Section 15, Township 3 North,Range I West,Boise Meridian,City of Meridian,Ada County,Idaha,more particularly described as follows: BEGINNING at the center onaquarter corner of S ion 15;thence,along the north boundary of said NWI/4 of the SEI/4, 1. 589014'39-E.,721.01)feet;thence,leaving said north boundary, 2. 50003643'W.,450.89 feet o the beginning of a tangent curve;thence, 3. Southeasterly along said curve to the left having a radius of 200.00 feet,an arc length of 93.52 feet,through a central angle of 26047'32',of which the long chard bears 5.12047W'E.,92.67 feet:thence,non-tangent from said curve, 4. N.89014'39'W.,309.87 feet to the beginning of a tangent curve;therce, S. Southwesterly along said curve to the left having a radius of 1000.00 feet,an arc length of 244.64 feet,through a central angle of 14001'Otl',of ich the long chord bean 5.8304P51'W., 244.03 feet,thence,non-tangent from said curve, 6. N.39031'013 ,)48.08feet to the north boundaryof said NWl/4 of the SEV4;thence,along said boundary, ). 589014'48-E.,291.84 feet to the POINT OF BEGINNING. CONTAINING: 9A2Ac. `g11.1 L.I,yJ C 332KBwodmae WW I Nmp.IDa3607120044263001 '✓'^' 'A dum.mm EXHIBIT SKETCH - ZONE C-G m LOCATED IN THE NWIAOF THE SEI/6ANDTIE NEI/C OF THESWIM OF SECTION 15, TOWNSHIP 3 NORTH, RANGE I WEST,BOISE MERIDIAN,CITY OF MERIDIAN,ADA COUNTY,IDAHO 2024 ® N8915'I5-W Iss0_76' NE1118 a N1116 pi 3 POINTOF '^ BEGINNING e C1/4 fBnC) /sW914'3VE 1321.4.9 'd SODAS CE111 F I ZONE -G CL) 9"AC E � p� (GG) g 8a iwtl b _ BASIS OF BEARINQS CS1116 N89IS31-W 112315 SE1/16 AL.L LINO 3, _ L x u� r /ARDURRA lF pi INY ROB D'NAI�� /VARDURRA Project him 230739 Date: May 16,2024 Page 1 of 1 ZONE M-E DESCRIPTION A parcel of land located in the NEI/4 of the SWI/4 and the NW114 of the SEI/4 of Section 15, Township 3 North,Range I Wert,Boise Meridian,City of Meridian,Ada County,Idaho,more particularly described as follows: COMMENCING at the cents soul ore-sisteenth comer of Section 15;lenoe,along the wrest boundary of said NWI/4 of the SEI/4, A N.00037-23'E,570.01 feet to the POINT OF BEGINNING;thence, 1. 1,1.89049'"W.,6526 feet,thence, 2. N.87057'46'W., 195.19 feet to the beginning of a non tangent curve;thence, 3. Northeasterly along said curve to the left having a radius of 750.00 feet,an arc length of 70.G3 feet,through a central angle of 5021'01',of which the long chord bears N.68046'35-E.,70.01 feet,thence,tangent from said curve, 4. N.66006'05'E,231.67 feet to the beginning of a tangent curve;thence, S. Northeasterly along said curve tothe right having a radius of ID0.00 feet an arc length of 185.66 feet,through a central angle of 10038'16',of which the long chord bean N.71025'13'F£, 185.40 feet,thence,non-dngent from said curve, 6. U9031'08-E.,241.72 feet;thence, 7. N.89049'"W.,346.28 feet to the POINT OF BEGIN NING. CONTAINING: 1A7Ac. T 332KBwodmae WW I Nmp.10836071 20044263001 �'.aNaw.mm EXHIBIT SKETCH -ZONE M-E m LOCATED IN THE NE114 OF THE SWIG AND THE NW114 OF THESEIM OFSECDON 15, TOWNSHIP 3 NORTH, RANGE WEST,BOISE MERIDIAN,CITY OF MERIDIAN,ADA COUNTY,IDAHO mz< C114 _ CE1/16 ® 4 89H'39-W 1331.Q b W 3� t � u wIm I 4 hn 81 s g (H-E) � fD D) ME u / S MINT M-E) BEGINNING j � I 3 GS1116 BgSIB OF BEARINGS $E1/16 N99Y 931'W 1303.15 AL LA HO m4 [/\/ARDURRA +rF nF pe 1Lam EWs �oeJAwo9I W Ww.ARmRm .cou /VARDURRA Project No:230739 Date: May 16,2024 Page 1 of 1 ZONECG DESCRIPTION A parcel of land located in the NEI/4 of the SWI/4 of Section 15,Township 3 North,Range 1 West Boise Meridian,City of Meridian,Ada County,Idaho,more particularty described as follows: COMMENCING at the cents south ore-sisteenth comer of Section 15;thence,along the east boundary of said NEI/4 of the SWI/4, A N.00037-23'E,574.32 feet thence,leaving said west boundary, B. N.89022'37W.,2W.40 feet to the beginning of a non-tangent curve and the POINT OF BEGINNING;thence, 1. Southwesterly along said curve to the right having a radius of 750.0O feet,an arc length of 252.69 feet through a central angle of 19018'16',of which the long chord bean 5.8100613-W., 251.50 feet thence,tangent from said curve, 2. N.89014'39'W.,51.86 feet thence, 3. N.0004P31'E.,41.94 feet;thence, 4. 5.89017'19'E.,299.81 feet to the POINT OF BEGINNING. CONTAINING: O11Ac. yrpt L.1I,p rt ' 13765 f 9f r O'NP1�� 332N.Bwodmae WW I Namp.1083607 12004426300 1 www.wduw... EXHIBIT SKETCH - ZONE C-G m LOCATED IN THE NE114 OF THE SW1140F SECTION 15, TOWNSHIP 3 NORTI, RANGE 1 WEST,BOISE MERIDIAN CITY OF MERIDIAN,ADA COUNTY,IDAHO zom 18 15�� sM4'38'c 13az.zs' N14'481132v8' C1/4 w W1I16 5 I rl o _m I� 7 (ME) N _ TlT/��J __ rve9az'nw zso.w_ w Z�E/7oi�nC/� POINTOF lU BEGINNING (H-E) 3 ACSJ/J*e _ _ _ BASIS OF BEARINGS N8814'03-W 264798' � vom [/�/:ARDURRA A,nenY�o9yx I W WAA ARDURRACOM "V ARDURRA Project No:230739 Date;July 11,2024 Page I of 2 ZONE CG DESCRIPTION A parcel of land located in the NEI/4 of the SWIM and the NWI/4 of the SEI/4 of Section 15, Township 3 North,Range I West,Boise Meridian,City of Meridian,Ada County,Were,more particularly described as follows COMMENCING at the center south we sixteenth comer of Section IS:thence,along the east boundary of said NEI/4 of the SWI/4, A N.0003723-E.,Z .72 feet to the POINT OF BEGINNING;thence,leaving said east boundary, 1. N.84°O5 W.,".50 feet:thence, 2. N.8402221 W.,139Y0 feep thence, 3. N.8102599'W.,216.99 feet:thence, 4. N.00045'I7-E.,393.76 feet thence, S. 5.89014!W E.,SIAM feet to the beginning of a tangent curve;thence, 6. Northeasterly along said curve to the left having a radius of 750.W feet,an arc length of 252.69 feet,through a central angle of 19018'16',of which the long chord bears N.8100613'E,251.50 feet:thee,non tangent from said curve, ). 5.89013'33"E.,60G67 feet:thence, S. N.39031O W.,241.72 feet to the beginning of a non-tangent curve thence, 9. Northeasterly along said curve to the right having a radius of IO0O.00 feet,an arc length of 244.64 feet,through a central angle of 14001130',of which the long chord bears N.83044'51"E., 244.03 feet,thence,tangent from said curve, 10.5.89014'39"E.,309.87 feet to the beginning of a non tangent curve;thence, 11.Southeasterly along said curve to the left having a radius of 200.00 feet,an arc length of 50.49 feet through a central angle of 14022'48',of which the long chord bears 5.33024'43'E.,50.35 feet,thence,non tangent from said curve, 12.5.5O034'19'W.,157.65 feet to the beginning of a tangent curve;thence, 13.Southwesterly along said curve to the right having a radius of 301.R feet,an arc length of 2=1 feet,through a central angle of 42011'50',of which the long chord bears SJ1043'54'W., 217M feet:thence,non tangent from said curve, 132 N.&ondmen W% I Nompp I 83687 120E 44263W www.arduvomm Project No:230239 Dale:July 11,2024 Page 2 of 2 14.5.39031'03"E.,721.50 feet;thence, 15.N.86048'58W.,573.95 feet,thence, 16.N.8400520W.,33)J)feet to the POINT OF BEGINNING. CONTAINING: 15.94Ac. 2 332 N.B,00dmon WW I Nompp I0B336B] 12084436303 I w mduno me _ _ ! \ | |! ) ! ! i - [ ! ) ( MOO , lia ! w 77 i . o § § \ / \\ | ; ! ) z ! §§ / §§ \� ` | � . § � / • — _. 3 lt.EV.WN E. New Development Agreement Boundary—Legal Description&Exhibit Map ARDURRA Project No:23D739 Date:July 11,2024 Page Iof2 DEVELOPM ENT AGREEM ENT 13OUNDARY DESCRIPTION A parcel of land located in the 5112 of the NE1f4,the N112 of the SE114,and the NE1{4 of the 51114 of Section 15,Township 3 North,Range 1 West,Boise Meridian,City of Meridian,Ada County,Idaho, mare particularly described as follows: BEGINNING at the center north one-sixteenth corner of said Section 14,thence,along the north boundary of said 5112 of the NE114, 1_ S-89015'15'E_,1320.76 feet to the northeast one-sixteenth corner of said Section 15,thencer continuing, 2_ 5.89°14'59"E_,880.50 feet to the south right-af-way of Cobalt drive;thence,leaving along said right-of-way the following courses: 3_ N.5902550"E.,162.82 feet to the beginning of a tangent curve;thence, 4. Easterly along said curve to the right having a radius of 263_00 feet,an arc'length of 117.45 feet, through a central angle of 259516',of which the long chord bears N.72013'28"E.,116A8 feet, thence,non-tangent from said curve, 5. 5.60°24'53'E_,88.51 feet;thence, 6_ S_55°54'35'E_,21.84 feet;thence, 7. 5.03039'59' .,57_05 feet;thence, 8_ S_86°2901'E_,16.90 feet to the west right-of-way of S_Ten Mile Road;thence,along said right- of-way the fallowing courses= 9_ S_03°39'35'W_,670.74 feet;thence, 10.5.10°44'07 .,96.98 feet;thence, 11.5.03DG6'22' .,84.65 feet;thence, 12.S.06°21'28'W.,207.42 feet;thence, 13.5.01°2518' .,559.90 feet;thence, 14.5_011125'16'W_,57.7D few thence, 15.5.D4°20'57 .,550.74 feet;thence, 16.S.D4°20'57 .,34.63 feet;thence, 332 N_emadrnom Woy I Nompo,0 83687 208.442.6300 1 www ordurro-com Project No 230h'39 oaten July 11,2024 Page 2 of 2 17 515TI39-W,9920 feet to the north nputof my of the weslMuntl Interstate B4 on ramp: Mence,along mid nghFc fway the following courses 18.54]a33'OTW-, 10909 feet thence, 19.566a54'29'W-, 10573 feet thence, 20 5 Stony'20'W-, 15016 feet thence, 21-5 76TI12-W,33069 feet thence, 22S]9a54'25-W,17777 feet thence, 23S84a463T W,16275 feet thence, 245BBa4 W,10025 feet thence, 25.589a46'S9'W-,31230 feet to Me note raft of wayof Interstate M.thence,along mach rgM- ofway[M1e tellovn�cwrses 26 N 86a48'S8'W.,67549 feet thence, 27 N 84`OS'20'W., 546.27 feet theme, 28.N 84a22'21'W., 13920 feet theme, 29.N81-25'39'W.,216 W feet thence, among mid ngM1[Nway, 30 N W45'12'E., 119089 feet to the north boundary of mill NEF/4 of the 5W1/4:thence,along sail houMary, 31.5 89a14'48'E.,55849 feet to center one coachercorner of and Section 15,Mence along Me wert boundary of sail S1/2 of Me NEF/4, 32. NCO M 37-E., 13M 96 feet to the POINT OF BEGINNING. CONTAINING: 163-67 Acre T t E ' 13765 A Or .o 2 aNN.Bmamon Way I coo pc Ip83687 I NBA4630 I wvnr8mra.wm _ .., / ( / |1 R k N - - - - - R F. Existing Conceptual Development Plan for Vanguard Village S, TEN MILE ROAD 00 •dp foal }• f. 4 1 4P 40 - ' • r r l..L •%?J04 1 i i low- r� J-x J- 1 4� • �R r r 1 Note: The property within the red-outlined area above(i.e. Vanguard Village) is proposed to be included in the new Development Agreement. G. Proposed Overall Conceptual Development Plan O g � J S. ................. EN MILE ROAD _ ._ __ s.•I. - ¢`oz .. .. . y_ It M M i- d l q• M Y Y A a 4. w ILAj g —s ��. %14 Z Lu a — — dw �w '��uymw ' i MJfiw '1 0 0 j m `, bj • � ��•�--Nth�" 100 '� I� kwsrsa °ti rr M y ', I W Ld r. W � ~.. ... I . I H. Use Area Plan The image above shows three (3) areas that make up The District at Ten Mile Development based on the underlying zoning and future land use designation boundaries. AREA 1 accommodates a mix of multi-family residential uses such as townhomes and multifamily. AREA2 accommodates predominantly commercial mixed uses,including large format/anchor and specialty retail,casual and fine dining,entertainment,recreation, hospitality,childcare,and office uses. AREA 3 accommodates medium to higher-density office,commercial,recreation,medical,and hospitality uses. _ �-': � 0 +.:: .t. w ti e. .• Y•. Jam. s•�!. tr. y �.:..«♦ w..r► .r.+► tits I I 444 • • . , ...... ' �, r �' 1 �`;d �ii'•�tf"4+.'irt't=t"at"'�.^Rt��'x. c � _ • W. INTERSTATE B< I. 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Project Design Standards Please click on the following link to access the Applicant's proposed design standards for the development: (also included in the project file in the public record) https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=355939&dbid=0&repo=MeridianCity&cr= 1 The Delstralct at Ten Malle Project Design Standards July 2024 1 Meridian, Idaho BALL _ VENTURES AHLQUIST CONTENTS 01 Introduction...................................................................................................................... 82 Design Review Process.................................................................................................... 83 Design Standards Site Development 5 Architectu/aL----------'-------.-----------------'17 D4 Specific Area Standards..................................................................................................24 Design ARTICLE ONE INTRODUCTION The District at Ten Mile Site Development and Design Standards apply to a 163-acres±within the Ten Mile Interchange Specific Area Plan (TMISAP) in the City of Meridian. The intent of The District at Ten Mile development is to create a high-quality mixed-use gateway for the City of Meridian. The District at Ten Mile Site Development and Design Standards supersede the TMISAP as the designated area's governing design and development guide. The main objective of the site development and design Standards is to establish a set of criteria and procedures that will be used to implement The District at Ten Mile's land use policies. Additionally, these Standards aim to achieve the following: - To ensure economic viability and a high-quality standard of development within The District at Ten Mile and the City of Meridian, it is crucial to set and maintain an aesthetic environment that encourages flexibility, innovation, creativity, and design elements within the overall development. This approach also reflects the evolving market demand and maturity and looks to these Standards to define the development's overall appeal.These values will be instrumental in creating a distinct, vibrant, and thriving developmentthat is also responsive to the ever-changing needs of the market and the greater region. w- 00 % �tie w. � w 1 wrrrw.»w iM w«. .. �.. t iA i � ti �.rr♦ �. a I . .v '�+l�k�y,►1►���_►_.AAsi. r4r9 .. __ '$N:af.° �' :«` ! tt _ ♦r.. +rya* y AA '!+t jk fq L •#fix' i 13 .'U roi i t Y I 1 N ea M ;� tia.sa4�aSsx dax-�+aslf3a. •STD' + ! . s! ! !! °�. 3- +.. ws.' �' trs� �ia'a','rati a'�"S °t►ro .A� rocs ° 1.+ 49 . ''+fir - '«''. ,. s ►�• �'"+ . �'..trt INTERSTATE Bd Figure 1 — The District at Ten Mile Conceptual Plan Design • • • The image above shows three (3) areas that make up The District at Ten Mile Development based on the underlying zoning and future land use designation boundaries. AREA 1 accommodates a mix of multi-family residential uses such as townhomes and multifamily. AREA 2 accommodates predominantly commercial mixed uses, including large format/anchor and specialty retail, casual and fine dining, entertainment, recreation, hospitality, childcare, and office uses. AREA 3 accommodates medium to higher-density office, commercial, recreation, medical, and hospitality uses. 1 14 T �J 10 ` a:• •-#r.. — is+a-r►..J�:Hpi*.a..ri.p�Y.•�q— '.. i a i♦ a^ i y J r •'++ti+•tW+4�►r`•is 3ii9"h Ar9it f .. � - � -' Z! = t� c , ��� !�► s ss«+ .,"you — dj ! �� i ! - , 9 '-U a. 't.. 7 '�'.1 Rom,>�a,>•r". !. .• '•4 •ra'F�S3 �i.i ,�1y'j wwi.r.S !' 3 �'e•.[:«««a►w.t ' �:�'��• a •�l�r + 7.w•�.•'ir a! �,ra w�S :. �, t .i «..,� Jr y�-g3-'�sv�-�4a ��— .. _�a•• •t.�!•,,/!�+',�a.,, a ai•'as as a t_al����iiii� i�1 yi Ri � INTERSTATE Ede Figure 2—The District of Ten Mile Areas 4 Design • • Process ARTICLE TWO DESIGN REVIEW PROCESS Section 1. Design Review. This document creates an overlay district and applies to all development within The District at Ten Mile ("District"). Within the District before submission to the City for Certificate of Zoning Compliance, no structure of any kind shall be installed,erected, placed,assembled,altered,or maintained on any Lot until and unless the proposed use and plans and specifications for the same, showing the nature, shape, size, color, architectural design, materials, location and landscaping, paving plans, curbing, storm drainage and all other requirements as set forth herein ("Development Plans") have been approved through a Design Review application following the process below with review by the Master Developer and The District at Ten Mile Architectural Review Committee ("TDARC"). Section 2. Master Developer Review. Before the submission of Development Plans to the TDARC, as outlined below, the Development Plans must be submitted to the Master Developer for review to ensure compliance with these Site Development and Design Standards. Master Developer's approval of Development Plans must be granted before submission to the TDARC.The Master Developer, in concert with their internal design review process,will review and approve/deny and/or request changes within ten (10) business days following the complete submission of all proposed Development Plans. Once the Master Developer approval is obtained, the TDARC's decision shall control. Section 3.The District at Ten Mile Architectural Review Committee. It is hereby established that TDARC shall have the responsibility of reviewing all Development Plans to assess coherence with the Site Development and Design Standards set forth herein, and is granted overall authority to recommend approval/conditional approval of said plans in writing should they be found to align with the Site Development and Design Standards. The TDARC shall consist of four (4) members appointed by the Master Developer and its successors and assigns. Section 4.TDARC Review. After the Master Developer approves a Development Plan, the Master Developer shall submit the Development Plan to the TDARC and schedule a review meeting. Development Plans shall be submitted in writing and signed by the Owner of the building site or the Owner's agent.All Development Plans shall be accompanied by the information required by Chapter 11-5B-8 of the Meridian Unified Development Code (UDC). Should any submission, either in total or part, not adhere to the requirement of this Declaration or the overall design intent of the Site Development and Design Standards, the TDARC retains the authority to request, in writing, that the submitting entity alter and/or change the aspects of the submitted design before approval. Section S.TDARC Approval and City Submission. Upon receiving TDARC approval, the Development Plans shall be submitted to the City by the Master Developer or the Applicant, including the TDARC approval letter. Section 6. General Requirements. The purpose of this Article is to allow for flexibility that will allow for the overall development site to become a walkable, integrated village with the following emphases: - Establishing a unified architectural design ideal that fosters creative interpretations of both traditional and more contemporary vernaculars, motifs, massing, and rooflines, and the use of high- Design • • • quality building materials which will yield designs and projects that both singularly and in total,create visually complementary and cohesive village environment. Land uses, activity areas, and open space(s) around a well-designed transportation/circulation network where pedestrian activity is strongly supported and integrated with vehicular streetscapes, service, or parking areas. - Develop and encourage retailing, cafes, restaurants, personal and/or business services placed and located where they can generate high pedestrian activity, along ground floor locations or below potential office space, hospitality, or residential units on upper floors. A design where commercial/retail, office, hospitality, and single lot uses can be incorporated into the overall District fabric. - Residential neighborhoods built intermixed or adjacent within close/walkable proximity of new commercial uses, places of work, or dedicated public open spaces and/or amenities. - An emphasis on developing a community where new and existing residents and visitors can live,work, and play. A design where open space(s), streetscapes with dedicated sidewalks, pathways, and recreational uses are interwoven to create an overall village context. 6 Design • • Development ARTICLE THREE SECTION ONE - SITE DEVELOPMENT In keeping with the design intent to create an integrated mixed-use District,the criteria in this section shall be submitted for review and approval to the Master Developer and TDARC. This section covers site and landscape Standards. A. Streets and Drive Aisles a) Street Design and Materials Beyond the likely predominant use of either conventional standard asphalt or concrete for roads, walkways,drives,or arrival zones,The District at Ten Mile Site Development and Design Standards highly encourage incorporating differing specialty surface materials such as pavers, colored or infused concrete, stamped and colored asphalt pavement and/or other unique pavement products to demarcate special pedestrian walk and/or activity zones, dual pedestrian/vehicular crossing areas, feature street surfaces, crosswalks, pathways, unique 'arrival' zones, plazas and entries. Where viable, such areas should be made 'zero curb' elevation zones to facilitate ease of pedestrian use and as a visual cue for traffic calming in these specific areas. Such zones or feature streets can have vehicular and pedestrian areas segregated using fixed or removable bollards that can be changed/removed for programmed or promotional events. For specific site development areas within public roadways, pavement and substrate design must be based on calculations anticipating future traffic conditions and submitted to and approved by the Master Developer and TDARC.Creating roadways featuring landscaped islands, boulevards,arrival courts, and traffic circles is also encouraged. b) .Public Streets All public streets shall be designed in accordance with the City of Meridian,Ada County Highway District, and Idaho Transportation Department requirements. c) Private Drive Aisles The majority of internal connections within The District at Ten Mile consist of private drive aisles. The key dimensions include a 25'two-way aisle when adjacent to parking stalls or a 20'drive aisle when not adjacent to any parking stalls. A detached 6' wide sidewalk and an 8' landscape buffer are encouraged for pedestrian connectivity where appropriate. d) ,Radii and Clear Zones - Corner curb radii shall be between eight feet (8') and twenty-five feet (25') as determined by the intended use (residential areas up to fifteen feet (15') and mixed-use areas up to twenty- five feet(25')1.These fairly tight turning radii are intended to shorten pedestrian crossings and inhibit drivers from turning corners at high speeds. - A minimum width of six (6')feet clear zone allowing for the free flow of people. - To allow emergency vehicles (e.g., fire ladder trucks) to turn corners, a twenty-five foot (25') radius Clear Zone may need to be established free of all vertical obstructions including but not 1 Consistent with TMISAP Curb Radius 3-24 Design • • Development limited to street lighting poles, decorative bollards, wayfinding signage, sign poles, fire hydrants, utility boxes, or dense vegetation landscaping or street trees. Curve and radius data and intersection details for public roads shall be submitted for review and approval to the Master Developer and the TDARC. - Where viable, the curve should also be used to create 'bump-out' landscape and pedestrian areas that cap rows of either parallel or angle-in parking spaces. B. Vehicular and Pedestrian Circulation aJ Sa et The safe and functional movement of both vehicles and pedestrians, on and off-site, shall be provided as the primary consideration in designing transportation networks within the Property, and all site plans shall be crafted to minimize such conflicts wherever possible. Areas One, Two, Three, and Four should include an integrated system of sidewalks, walkways, and pathways that provide access to all structures and spaces within the development. bJ Pedestrian Circulation' Pedestrian circulation is a primary and highly encouraged goal and will be accomplished via sidewalks, crosswalks, cross-surface lot walkways, community gathering spaces, plazas, terraces, seating and amenity zones, hard-surface paths, bike paths, and permeable pathway surfaces. These varying pathways should be crafted to connect all buildings within and outboard of specific development parcels. Early site planning should make this a core design consideration within and along the edges of the Property and with any adjacent development(s) as they come online. A network of multi-use pathways and/or sidewalks and potential bike paths shall link all open spaces, residential, mixed-use, and commercial areas within the Property. All site plans developed for parcels within the Property or subsequent additions and alterations of existing uses should make this a primary feature of their specific overall site development and look to connect adjacent sites/uses and/or tie into cross-site public pathways/walkways/sidewalks or bike paths. cJ Sidewalks, Walkways, and Pathways Sidewalks, walkways, and pathways should be constructed of durable, non-skid hard surface concrete or asphalt with a minimum width of 5'. They are encouraged to be wider in areas where significant amounts of activity are anticipated.' No sidewalk, walkway, or pathway should be located immediately adjacent to the street curb where feasible, except along parallel, head-in, and/ or angle-in parking zones. The walkways should be separated from an active adjacent roadway by a planting strip that is recommended to be at least 5' in width or a planter bed of no less than 5'x8' long that includes street trees at regular intervals.' z Consistent with TMISAP Functional and Physical Integration 3-8. 'Consistent with TMISAP Pedestrian & Bicycle System 3-27. 4 Consistent with TMISAP Pedestrian & Bicycle System 3-27. 8 Design Standards • • d) Sidewalks and Buildings Pedestrian connections, including crosswalks, sidewalks, and pathways, shall be provided along any surrounding streets/driveways/drive isles, along the front, side, or back of any building or group of structures, on all specified and dedicated streetscapes, both public and private. e) Building Sidewalk Widths In commercial areas,the building sidewalk area can be broken down into three zones: (1) Building Zone that includes the sidewalk that fronts the building fagade, (2) Pedestrian Zone that is intended for uninterrupted pedestrian movement, and (3) Streetscape Zone that provides visual aesthetics, landscape features, community gathering, circulation, and public amenities. ■ Building Zone: That part of the sidewalk generally fronts a building fagade. Uses within this area may include space for window shopping, free-standing signs, exterior displays outdoor dining or isolated landscaping. ■ Pedestrian Zone: That part of the sidewalk is intended for uninterrupted pedestrian movement. In general this area should be at least 6' feet in width and significantly widened in high level activity areas. All Pedestrian Zones including a walkway should be no less than twelve (12')feet in width. ■ Streetscaping Zone:The space immediately adjacent to the street curb. In general, it contains a wide range of streetscaping and furniture, including street trees, pedestrian light poles, illuminated bollards, signposts and project wayfinding, pedestrian seating, landscape planters and pots, kiosks, pavilion structures, trash receptacles, shading devices, art installations, and transit waiting zones/ shelters. The width should be determined by the needs of the species of street trees planted along the sidewalk. The minimum width should be twelve (12')feet. Outside of publicly accessible commercial and residential neighborhood areas,this entire zone should be treated as a planting strip with no paving. f) Bicycles6 Bicycles may be permitted on all pathways and not permitted on sidewalks or walkways. Public streets and private streets should include a dedicated bicycle lane. Bicycle racks should be installed near the main entrances of all commercial buildings and at the entry and exit points of public spaces. The racks should be placed next to pathways, streets, or drive aisles but not obstruct any pedestrian or vehicular routes. The racks should be spacious enough to accommodate the estimated number of bicycles that will be used. s Greater than and consistent with TMISAP Sidewalks 3-27 and 3-28. s Consistent with TMISAP Bicycles 3-27. 9 Design • • Development �j P Ad 1' .,�, ter• i��iII ��i t .5 Figure 3—Sidewalk Width Examples C. Off-Street Parking a) Parking Parking shall be provided in accordance with Meridian City Code Title 11 Chapter 3 Article C. b) Shared Parking Where permissible,a shared parking arrangement may be allowed for certain developments/uses. Shared parking arrangements are meant to encourage a more "round the clock" usage of any parking facility, therefore generating a lower total parking space count for any one development site.' The TDARC may consider the acceptance of a formula that can demonstrate certain combinations of mixed-uses and adjacent developments that will yield increased overall parking area utilization, especially throughout any given twenty-four-hour period. 7 Consistent with TMISAP Shared Parking 3-27. 10 Design • • Development D. Utilities and Equipment a) Utility Easements along Streets and Private Drive Aisles With the exception of the setback areas along Villaggio Way, Cobalt Drive, and Umbria Road, all utility easements shall fit within the planned drive aisles or in dedicated service lanes where possible and will be located under pavement, landscape, and sidewalk areas as necessary or as part of a predetermined right-of-way, and to avoid negatively impacting the practical and viable development potential of any parcel with excessive and/or redundant setbacks. Deviation from this requirement will only be considered by the Master Developer and the TDARC for specific site development areas that prove an essential variation. b) Utility and Equipment Locations All utility, telecommunication, and landscape irrigation distribution lines shall be located underground, preferably within street rights-of-way, with all visible, in-ground utility access boxes placed to not interfere with building pads, sidewalks, pathways, and other pedestrian zones, light poles, wayfinding, directional or other street signage, parking areas, and landscaping other than trees.The Master Developer will encourage judicious placement and selective landscape screening of all required transformers, traffic control equipment, telecommunication pedestals, electrical cabinets, metering,exposed pipes and/or valves, and any other mechanical equipment that require above-ground placement in areas adjacent to highly visible and primary pedestrian and vehicular zones. Where viable and possible, such equipment should be placed and/or screened, preferably in landscape beds and/or landscape buffer zones and surface parking area edges, 'canoes', or islands. c) Utility and Equipment Screening$ All exposed structures requiring open-air locations, particularly rooftop mechanical/HVAC equipment, utility, and/or other functional hardware, shall be adequately screened from public view, whether located atop, attached, or separated from the building it services. If atop a structure, these features shall be screened behind parapets, decorative roof elements, or screen enclosure walls for one hundred fifty feet (150') beyond any building elevation that the general public can view. Screen devices shall be fabricated to match or enhance the overall architectural massing, with materials and colors harmonious with the overall building(s) or block where applicable. All such devices are approved at the discretion of the Master Developer and the TDARC. Where possible, such elements as generators and electrical and telecommunication cabinets should be set into lower-grade areas or within the building walls, either open air or within a separate utility room or service area. Either screen walls or dense landscaping shall adequately screen such features if they are in open area settings. E. Service and Loading a) Service and Loading Area Screening All building and/or tenant back-of-house functions, such as trash containers, grease traps, recycling bins,compactors,or any other functional need,located outside of any interior lease area, shall be grouped in an approved common area service zone(s) within individual blocks located $Consistent with the TMISAP 3-41 Screening of Mechanical Units and Screening Areas 11 Design • • Development within that specific development block and/or complex and placed or screened as is practical from public view, preferably in rear, or side yard or interior service rooms. Where exposed to public view, such service zones shall be adequately screened with architecturally complementary access doors and screen walls at least six feet (6') high or at least one foot (1') higher than the container it screens. All screen walls should be landscaped to the greatest extent possible. A combination of berm and dense landscaping may be proposed as an alternative.-9 Recessed and/or raised service docks that face any streetscape or parking area or are visible at the rear of any building shall be screened, as is practical,with screen walls and/or screen doors of a height and scale that will adequately hide any service vehicles that may use such zones. Screen walls, doors, and/or roof enclosure elements are to be constructed of materials, colors, and patterns to mimic the primary architectural character of that particular building. Exceptions are fully screened service zones located between or surrounded by (or reasonably expected to be surrounded in the future by) other buildings and can provide service bay access that is not directly visible to public view. This would also include a roof or trellis element that screens the service bay from being seen from higher floors overlooking such zones. Service entrances located at the rear of buildings shall be screened unless such areas are comprised only of service access doors. On-street, curbside loading areas need not be screened from view but should be made dual-purpose to encourage other uses after hours, with clear signage as to the hours such potential uses are allowed. b) Service Bay Screen Wall Construction and Materials All service bay screen walls will mimic the building design, materials, and colors of walls and fences, if visible from any public right-of-way and private drive aisles, and shall be uniform and compatible with the base-building architectural style,color,and building materials of the principal building and its surroundings. c) Loading Space Requirements Within the District at Ten Mile commercial areas, loading may be accomplished at designated curbside service zones or time-specific locations for smaller in-line retail and service tenants, as practical and necessary,depending on the distance from a screened delivery bay.Curbside loading spaces should be made dual-purpose where practical and functionally viable for daytime, public use. d) Fencing Any or all fencing is to be painted or powder-coated metal railing, set into the ground, or bolted/incorporated into a wall or between pier supports. Chain link fences are not permitted along any visible public right-of-way and may be placed only in service areas screened from public view. 9 Consistent with TMISAP Screening of Mechanical Units and Service Areas. 3-41. 12 Design Standards — Site Development �rrnrr.r � . . . Service LoadingExamples I� MON Figure 5—Open Space and Gathering Space Examples 13 � Iljll Ili -1�. ' �• �.-'^ II � p _ Design Development F. Landscaping a) .Registered Professional Required Each applicant shall utilize a registered landscape architect who shall work with the Master Developer on all landscape design, landscape plans,and/or alterations.Such individual shall utilize the design Standards and specifications where applicable to achieve a cohesive design within the master development area. b) Maintenance The TDARC may supplement these Architectural Standards by adopting, through rules and regulations, more specific Landscaping Standards that will apply to the Property. c) Open Space/Gathering Spaces' All areas should incorporate open space consisting of greenspace, landscaped sidewalks/walkways, and public amenity spaces. Open space shall be a minimum of 15% of the developable site and shall be used for the enjoyment of those who live, work, or visit the District. d) Plant Material Selection Plant materials shall be chosen that are indigenous, moderately fast-growing, require low maintenance, and are drought-tolerant where viable. Applicant is encouraged to uses color, texture, and contrast when designing landscape areas to provide interest. All planted surfaces, whether in the ground or in raised landscape beds, shall be fully irrigated and maintained in good working order. The landscape design shall incorporate the total development site, be in context with adjacent users,and consist of a palette of plants with year-round appeal,which might include annuals, perennials, shrubs, and trees. A minimum of 40% plant coverage for all landscape planters should be used to establish a rich, healthy, and vibrant landscape. Tree selection shall be a minimum of 3" caliper at breast height and shall be free of pest, disease, structural defects, girding, or circling of roots, broken branches, abrasions or signs of stress. A 2" caliper may be requested and approved by the TDARC with evidence provided that a 2" caliper will meet the design intent of the development. e) Surface Parking Area Landscaping Parking areas and driveways shall be landscaped with low-profile plants that include ground cover, perennials, ornamental grasses, shrubs, trees, or tree groupings. Shrub selections should be designed to a minimum height of 30 inches above the finished parking surface where there are no trees to effectively screen automobiles from surrounding streets and open spaces. Taller shrubs and low-profile ornamental trees are permitted in areas where screening of outboard utility or service areas is required. Excessive use of mulch and/or wood chips will not be permitted and shall utilize herbaceous ground cover whenever possible to create landscape coverage. f) Landscape Island/Beds Parking lot landscape island/beds of at least eight feet (8') in width shall be provided between parking aisles of either head-in or diagonal parking. Trees shall be used at a minimum spacing of (1) tree per (12) parking stalls. A diversity of tree species throughout shall be used to encourage io Consistent with TMISAP 14 Design Standards • • seasonal interest, shade, screening, and accents where appropriate. To minimize water consumption, the use of low-water vegetative ground cover other than is encouraged unless the lawn is part of a public open space or a foreground landscape feature. Plant material and trees should be of native species where possible or be selected from the City of Meridian approved tree and shrub list. g) Parking Structure Screening Where parking structures are used, a minimum eight-foot (8') landscape buffer will be required for screening. G. Drainage and Water Detention Adequate storm drainage systems shall be required in accordance with Meridian City code. H. Outdoor Lighting Outdoor site lighting includes streetlights, walkway/pathway lighting, parking lot lights, and general lighting. a) Outdoor Lighting All exterior lighting of entry drives, parking, service and loading areas, pathways, courtyards, plazas, or any non-illuminated, surface-mounted project signage or tenant identity signage shall be directed to prevent glare on adjacent properties and streets and to shield the lighting from adjacent properties to the maximum extent feasible. All fixtures shall be LED or similar products, and their placement, along with all support posts/poles and brackets, shall be consistent in fabrication quality and selected to enhance the overall design character of the village theme. The use of lighted bollards with incandescent or metal halide lamps or other low-level fixtures is encouraged to identify pedestrian walkways and drop-off areas at entrances to buildings. Emphasize pedestrian-to-vehicle intersections with low-level decorative streetlights. Landscape lighting should enhance and complement the landscape materials in the nighttime hours. b) Parking Lot, Pedestrian, and Drive Aisle Lighting Consistent and commercial-grade fixtures for street and pedestrian lighting shall be provided on all streets, private drives, sidewalks, and pedestrian pathways, including public gathering/event spaces, both public and private, within the Property. Street and pedestrian poles shall be located at all intersections and along sidewalks at intervals consistent with the village design character. Street lighting shall be scaled to the pedestrian,with pedestrian street support posts no less than 12' high to the underside of the actual fixture,which shall be the recommended minimum height. This includes 30" minimum height bases and tapered support posts of no less than 6" diameter at the base. Pedestrian light poles are to be featured within all community gathering space areas and shall feature exterior outlets in the base for seasonal and functional needs. Street light fixtures shall be painted or powder-coated metal, with a matte finish, consistent in color and style on both sides of any street and chosen in consultation with the Master Developer and the TDARC. An alternative for public spaces, gathering areas, and pedestrian pathways are 15 Design • • Development low-profile LED, internally lit bollards placed at intervals to fully illuminate all pedestrian surfaces or low-profile lighting that surface illuminates or 'washes' pedestrian walk or gathering areas.11 A street/pedestrian lighting plan showcasing a fixture schedule, light levels,and placement on any site within the subject project/property shall be submitted to the Master Developer and the TDARC for approval. I. Street Furniture a) Street Furniture 'Street furniture/furnishings' are key features of public and private exterior spaces and can greatly facilitate the creation of vibrantly used pedestrian spaces along all streetscapes,open spaces,and connecting outdoor areas.These features include such basic items as benches, trash receptacles, pottery,bike racks,shadingdevices,bollards,drinking fountains, wayfinding, and street signs. Other elements include game areas and surfaces, moveable tables,chairs,outdoor lounge seating groupings, terraced seating, picnic benches and tables, market umbrellas, outdoor fireplaces, water features, children's play areas, sculpture, and other weather-durable, exterior public art. Street furniture shall be chosen and placed in consultation with the Master Developer and the TDARC and shall be located within agreed zones to maintain a clear pedestrian path. Street furniture shall be made of materials consistent with extended public use. These materials include painted or powder-coated metal with a matte finish; wood in either a stained, painted, or treated finish;outdoor grade fabrics and canvas;and in certain instances,high-impact,composite, or resin-based materials that mimic natural finishes that are weather and fade-resistant. All street furniture and public features shall always be maintained in good working order and appearance by their respective owner(s) and repaired or replaced as necessary. Street furniture shall be consistent in material, color, and style along both sides of any street. All street furniture elements, either new or replacements that vary in color, material, number, placement, or size from the prior approved plan(s) are subject to Master Developer and TDARC review and approval. 11 Consistent with TMISAP Parking Lot, Pedestrian, and Landscape Lighting 3-30. 16 Design Standards — Site Development rw t E A Figure • andSite Furniture Examples Design Standards — Site Development IF Figure 6 Continued—Street F.� h ' T' b eg �{ �`. •4A� ='fir + L4� F.:. " _. ` �T and Site Furniture Examples 18 Design Standards — Architectural SECTION TWO - ARCHITECTURAL Architectural Character and Four-Sided Consistency/Achieving Value Through Design Standards The following architectural design Standards are meant to achieve the result of establishing a consistent high-quality design and construction that would with the site and streetscape Standards to establish and reinforce the District design and planning goals. YX l , � KrM 9 rr M � k Figure 7—Building Design Examples Design Standards — Architectural !I Of oil., I II li �� i�, a riw - • - is IN War M 31 - lop p _ _ - ti.: - . Figure 7 Continued—Building Design Examples A. Orientation a) .Orientation to Street" Buildings shall be architecturally oriented along the immediate adjacent street or private drive to create a 'street wall' effect, with the main/primary entrance(s) located facing the street, public right-of-way, or courtyard, and for larger-format users over ten thousand square feet (10,000 SF), facing a relevant-sized surface parking area, unless a deviation is deemed appropriate, per the discretion of the TDARC. In cases where there is an anti-access easement or access is not permitted from a particular road or public right-of-way,the building shall not be required to face the subject road or right-of-way. b) Orientation of Windows and Doors For non-residential uses, all windows and doors, openings, or frame fenestrations located within an opening shall be 'vertical' in orientation, meaning the primary frame character is more top to bottom in keeping with a more traditional storefront window. Window features, including transoms, divided lights, and sidelights, are encouraged, along with storefronts, doors, and framing components, which follow vertical enhancing design elements. Sliding and/or roll-up commercial-grade glass doors,folding or sliding glass doors and windows,and butt-jointed glazing iz Consistent with TMISAP Street-Oriented Design.3-33 20 Design Standards — Architectural may also be allowed, but only if window and/or door orientations are also vertical in nature and are in keeping with the character and function of the overall architectural paradigm. Any sliding doors must pocket out of view, and all folding or roll-up windows should not encroach into an exterior walk or public area beyond a tenant storefront closure line unless that line is part of the tenant lease area, as in an exterior patio or display space. The TDARC may consider specific exceptions, primarily related to functional use, provided that the overall public-facing building design is in keeping with the goals of the mixed-use district. i all Figure S—Orientation of Windows and Doors Examples AL A " �LL i Figure 9—Glass Materials Examples B. Materials a) Glass Materials Clear or colored glass,translucent, sandblasted, and/or decorative pattern glass that can emit light through is encouraged. Retail and/or commercial storefronts should be predominantly clear glass at any street-level opening. Where a clear window opening is desired but for functional reasons is not viable, an internally backlit shallow display box-out is desired. Translucent, patterned, or colored glass panels may also be permitted in other applications. Other options, including back painted, fritted, sandblasted, color or non-illuminated translucent glass, may be acceptable to screen where structural elements or back-of-house functions or unoccupied space would be 21 Design Standards — Architectural visible behind. Black, opaque, spandrel, and reflective glass material surfaces are discouraged except in fagade areas where their placement is a key part of a final design aesthetic." b) Exterior Building Surface Materials All exterior building surface materials shall be commercial grade and applied in a variety of stylish, creative, and clever applications across the expanse of all visible public-facing elevations. Encouraged materials at street level include pre-cast masonry, brick, decorative block, cementitious or fiber-cement siding, wood (both new and reclaimed in specific applications), natural or precast stone, exposed metal structure and/or architectural details and/ or surfaces where viable. In addition, above street-level materials such as stucco or EIFS may also be part of the building's exterior palette provided they are judiciously used and placed to achieve high- quality architectural style as encouraged by the Standards. Plywood, non-coated corrugated siding, vinyl siding, and thin-set, color-plastic panels are prohibited from use in publicly visible locations.14 C. Roofs a) Roo Ines In trying to achieve the form of a 'skyline; rooflines or parapets are often the most visible part of any development,whether from a distance or up close.Peaked,gabled, slanted, and flat roofs are all permitted; however, parapets or the underside of roof eaves should showcase some form of cornice or similar design element, masonry and/or brick trim and/or patterning, decorative blocks/brackets, moldings, or some form of architectural emphasis along the roofline to 'tie'that element to the building massing below.The top of the parapet is encouraged to be no less than 24 inches (24") higher than the highest point in the roof plane. Flat roofs should be raked at the minimum slope necessary to shed water and meet all applicable construction requirements. Where an adjacent building's fagade, which adjoins it, has a similar roofline height, a variation of the parapet or roofline is required. NOTE:All rooflines must be able to fully screen all HVAC/utility or functional apparatus from public view from a distance equivalent to the parallel height of that roofline as viewed downhill from any distance into the project. If that proves difficult, a subsequent, roof-mounted parapet screen may be necessary to install on the roof to provide additional screening.11 Pitched roofs are encouraged to be symmetrical,with hips or gables forming a pitch of no less than between 4:12 and 12:12 with an overhang of at least 12 inches and can extend to a maximum of four feet (4') beyond the fagade of the building.16 is Consistent with TMISAP Urban Design Features 1-3, Design Element Overview 3-31,and Street-Oriented Design 3-33. 14 Consistent with TMISAP Materials.3-41. is Consistent with TMISAP 3-41 Flat Roofs le Consistent with TMISAP Pitched Roofs 3-41 22 Design Standards — Architectural b) Visible Roofing Materials Per the TDARC's discretion, slate-style shingles, fiberglass shingles, and either copper or painted/powder-coated standing seam metal are permitted materials for sloped roofs. Where possible, patterning of shingle colors for more vertical roof surfaces is highly encouraged. won � 1 ► �. Figure 10—Roof Line Examples D. Building Heights and Massing a) Building Heights Heights shall be consistent with those of other similar contemporary uses. For larger format retailers, entertainment venues, or other commercial uses, where taller interior spaces are the norm, heights of the front facades should use massing elements and materials to blend in with any adjacent structure(s) so as not to overwhelm the overall visual appearance. Subject to the restrictions on Height as set forth in Article 4, structures should feature a variety of heights, utilizing elements such as roofline variation, decorative towers or portal elements, steeples, pediments, clerestories, dormers, or domes consistent with the overall architectural character and these Architectural Standards. Purely decorative unoccupied elements such as towers, flagpoles, spires, and steeples may be located on top of both occupied and unoccupied enclosed space to a total building height of no more than one hundred twenty feet (120'),excluding decorative metal finials. 23 Design Standards — Architectural bJ Building Massing' Individual buildings and any attached structures should strive for complementary building massing. "Monoplanar" or monolithic appearance and surfaces, with little variation in setbacks, wall fenestration, or rooflines,are not permitted. Building massing should consider adjacent buildings, property uses, sightlines, identity, and relationship to its site to accomplish building a contextual variety in its overall massing. As noted above, such elements as rooflines, massing setbacks, decorative architectural elements, visual openings, and wall fenestration elements such as'pop-outs',window openings,trellises, pergolas, verandas, entrances, piers, pilasters, decorative panels, or grilles, and eaves or cornice lines will break down a structure's overall massing and create a pedestrian scale to its overall context. cJ Significant Opaque Vertical Surfaces In circumstances where low-profile, large-format end users or multi-tenant spaces are featured within in-line or as a stand-alone structure(s) which will feature significant blank and opaque surfaces on one or more sides, facing a public street or right-of-way, the building mass must be visually enhanced with architectural and surface/ material detailing. This may include but is not limited to; shallow-profile pilasters, indentations, decorative panels pinned-off surfaces or integrated into recessed indentations,surface massing alterations,faux windows,'eyebrow'shade devices,dimensional cornice or decorative banding/trim, and panel details.The incorporation of other key design elements such as roof parapets, architectural statements such as 'towers' or entryways and portals, and tenant or project signage should be an early consideration of any emerging design that is predominantly opaque. E. Color aJ Color Variation The use of sharply contrasting or 'clashing' colors on building facades is discouraged for large surface areas but may be used for accenting or enhancing an architectural element. If used either as an accent or as some form of tenant identity, they should be limited to specific architectural elements,details,or specific and limited surface areas.Their use in tenant design areas, however, is encouraged but subject to tenant design Standards established by the TDARC for their particular building or development. Color schemes should be kept to no more than one or two fields or trim colors on any given individual facade unless a deviation from this is deemed appropriate by the TDARC. All exterior colors and finished material surface colors are subject to TDARC approval. bJ Color Consistency The chosen color scheme should help to visually tie all the parts of the building's massing together. Monolithic or singular color schemes and appearances are discouraged, but monochromatic color palettes featuring shade variations are acceptable.Typically,the colorthat is used in the storefront area may be repeated in the upper-story windows or to accent a roofline element/cornice area. Colors used at the front facade should be utilized on the sides and rear of buildings. 17 Consistent with TMISAP Building Heights. 3-38. 24 Design Standards — Architectural F. Architectural Lighting All decorative accent/architectural lighting meant to illuminate a building feature, underside edge, roof eave, or surface(s), as well as any surface-mounted, non-illuminated signage that is a permanent feature of the overall building or site design, shall also be submitted to the Master Developer and the TDARC for review and approval. J. Outdoor Storage a) Screenina Outside storage of merchandise, raw materials, finished products, and/ or equipment must be fully visually screened from any publicly visible right-of-way. All tenant service areas, including service docks, back-of-house areas, trash containers or compactors, recycling bins, grease traps, and general service locations, must be fully screened with non-lockable closure gates on one side for access and removal.18 Large format uses requiring large service bays shall screen all areas with walls and/or screen doors that fully hide all service vehicles, both lengthwise and in height, and are to be consistent materials/colors that complement their base building architectural character. Exception: if the service bay is fully screened from any public view, then these requirements may be waived, but only upon review and approval of the Master Developer and the TDARC. Initial site planning should work to negate or minimize views from any public areas or such large bays wherever possible. Masonry, brick, stone, decorative block, composite materials, pressure- treated wood, and/or painted or powder-coated metal are all acceptable materials to screen attached or free-standing service areas and bays. Storage facilities shall feature walls that reflect the surrounding architectural character,tall-growth landscaping, and enclosure doors featuring decorative fencing and opaque metal screen backing. For uses that require more than occasional access and are outboard or freestanding from the main building area,three sides shall be screened, but screened areas must not be visible from the public right-of-way and shall feature unlocked,decorative,and opaque doors to one side for clear access. Chain-link fencing with inserted slats or plastic-coated walls and/ or support wood posts is not permitted in any publicly viewable area. b) Storage/Screened Service Area Design Any required outdoor storage building(s) or structures shall be constructed in the same style/materials and colors as their surrounding buildings or primary project character. The overall concept is that they should not look 'temporary: c) Visibility from Public Right-of-Way Where possible, locate any required or necessary outdoor storage structure away from the public right-of-way or public view behind the main building(s) and along any 1-84-facing frontage. is Consistent with TMISAP Screening of Mechanical Units and Service Areas 25 Design Standards — Architectural d) Accessory Structures Accessory Structures may contain auto and accessory vehicle parking, developer/landlord/tenant or resident storage, building or amenity functions/uses, general maintenance storage, or trash/recycling bin enclosures. Prefabricated shed structures are not permitted. K. Signage a) Project Signage/Brand The Master Developer will develop and submit to the TDARC an overall project identity graphic/font/logo as part of an overall 'wayfinding' signage program. This will be physically used on entry walls,street signs,directories,and in subtle other applications where a logo or font script will help to establish the overall The District at Ten Mile brand. This will establish the parameters for execution of all project signage, including size, application, color, use, materials, and fabrication, along with potential uses and styling for all marketing and promotional potentials and to establish a sense of place. For example, a multi-family development hypothetically named 'The Enclave' will be promoted at "The Enclave at The District at Ten Mile." This would apply to all larger-scale developments that require their own address. The Master Developer retains full control of the use and promotion of the overall The District at Ten Mile project branding, logo, identity, and any entity that uses such aspects in a co-branded promotion or application. b) Individual Project and/or Tenant Sign Criteria At present, the Master Developer believes that, given the fluid nature of the various components and end users, it would be difficult and limiting to the creative potential to establish exacting signage Standards this early in the process. Instead,as an individual development begins its design process, and the building uses/tenants are established, along with the resulting architectural character, massing, and materials, the Master Developer will require and work with the developer(s) to craft their own site-specific signage criteria and to assist potential tenants with tailoring creative, stylish and well-executed signage and graphics that add another dimension of quality to the overall development.This allows each individual project to establish its own unique brand within The District at Ten Mile development, with the signage being a 'signature.' The Master Developer will require all individual developments to submit project/tenant signage criteria for review, comment, and required adjustment within a timeline to be established early in the development process. These individual signage/tenant criteria(s) will cover all aspects, including, but not limited to, the placement, scale,application, materials, colors,fabrication, and illumination of all project identity, tenant signage, branding, and way-finding elements. This process allows for the Development to accommodate ongoing shifts in style, application, and fabrication technology. In all instances,the Master Developer and TDARC retain full approval rights for all signage and graphics, as well as any proposed alterations or adjustments to any individual project/tenant signage criteria or resulting signage.Any subsequent signage criteria(s) developed for individual projects within Ten Mile West will use the City of Meridian standards as a base. If those standards are deviated from,the Master Developer will work with the city on any specific application that would yield an innovative or highly creative interpretation should an end-user or sub-development want to expand on or exceed the city requirements, provided such signage or graphic elements substantially enhance the character of whatever project it would be a part of. 26 Design Standards — Architectural c) Freestanding Signs Pursuant to the Meridian City Code,the site will feature ten (10) pylon signs, as depicted in Figure 11. The location of all interior monument signage and wayfinding signage shall be determined through review by the Master Developer and TDARC. Vat ry �, ti Label Sign Type �!�! as w.=.w t•w`w M _•• ti+• ' r P2 Pylon up to 20' w �,iti� _. 41 `,y .r�W. � P3 Pylon up to 35' r 'i�`. '• r - "�"�``r � r %a _ r;1,y P 3 P5 Pylon up to 50' J 'w ! 'i . . - P3 PZea� : 1 ; o 4 �.,...• •wwww r • ��'� • �:1 w w w��i7�/ a r i•� r 1 �_ •,i wwwwt =� ! � ww www w.F. + Z � • • # w� Swwr Ae =t w w �• •+.r•''4y�t La. t,.1'« _= I I. w«N w••�wr..w Idea P2 rA • 14 P5 s +- y ,► 27 Design Standards — Areas ARTICLE FOUR SECTION ONE - AREA ONE RESIDENTIAL This area is zoned Traditional Neighborhood Commercial, which allows multifamily dwellings, small-scale retail, restaurants, recreational, personal services, public or quasi-public uses,and churches.The following Standards apply to residential uses in this area. A. Height. 1 to 4 stories with an occupiable height of 45'. South of the irrigation canal may be up to 5 stories with an occupiable height of 55'. B. Orientation. Building entrances in Area One should be oriented toward the street, primary right of way,open areas, or courtyard unless a deviation is appropriate per the discretion of the Master Developer and the TDARC. Buildings located on an intersection shall have the main entrance oriented toward the major street, and any fa4ade facing other streets shall have similar architectural styles. C. Frontage. a) Residential Porches and stoops are recommended. Parking under the structure or behind or sides of the building is encouraged. Ground floor elevations of 18 to 24 inches above sidewalk grade and individual units opening directly onto adjacent right-of-way are encouraged. Deviations may be requested before the TDARC. b) Non-residential Non-residential use frontages should comply with Articles Two and Three and be compatible with the residential uses in the area. D. Common Open Space and Site Amenity Requirements a) Common Open Space Minimum of 15% open space following Meridian City Code 11-3G-3. b) Site Amenities Site amenities should meet the standards in Meridian City Code 11-3G-4. E. Maximum Block Size The maximum perimeter of any block shall be no more than 450 feet. Pedestrian passages in the middle of a block shall be provided at intervals no greater than 200 feet or between any eight attached townhomes in any one row unless otherwise approved at the discretion of the TDARC. F. Alleys Alleys shall be incorporated into the residential neighborhoods to provide access to parking and service areas behind rows of townhouse-style units. Alley locations and dimensions are not fixed but shall be designed to accommodate the alley's purpose, preferably no less than 20' from building edge to building edge across any one alleyway to facilitate proper backing out of any one 28 Design • • garage space. Any required additional curb cuts shall be added only with the permission of the TDARC. Alleys may also be incorporated into parking lots as drive aisles and fire lanes. G. Lot Coverage Multi-family dwellings may not cover more than eighty percent (80%) of an overall parcel area. This does not include any outboard freestanding garage parking or covered spaces/areas. H. Building Fronts and Backs The front or side of every building must face the street, right-of-way or courtyard. Rear facing buildings, overhead doors, and service entries are prohibited on street facades. I. Parking Requirements The intent of these parking ratios is to encourage a balance between developing a desirable, pedestrian oriented development and necessary car storage for both short and long-term use.The goal is to construct neither more nor less parking than is needed,and where viable,to overlap the timeline of the various uses to achieve a shared time frame aspect. a) Minimum Residential Space Requirements. The minimum parking spaces in residential areas are as follows: 1.25 space per dwelling unit at multi-family residential. b) On-Street&Structured Parking. On-street and/or structured parking is permitted and encouraged for all site plans for any residential neighborhood within The District. Residential parking need not be contiguous with the building(s) or the use it serves. c) Shared parking solutions. Shared parking solutions are encouraged by the Master Developer and the TDARC. J. Access to Off-Street Parking a) Access from Alleys Alleys shall be the primary source of access to all off-street or individual unit garage parking. (Parking along alleys, if permissible per the individual development site plan, may be head-in, diagonal or parallel and may be made of a permeable block surface material.) b) Connection of Alleys to Adjacent Properties Alleys may be incorporated into parking lots as standard drive aisles. Access to all properties adjacent to the alley shall be maintained. Access along such alleys between differing ownership parcels or parking areas is also encouraged. c) Corner Lots Corner lots that have both rear and side access shall access parking through the rear. d) Garage Doors All garage doors shall face the side or rear of a structure, and never access the front or along any primary street address. If positioned to streets, squares or parks, they shall be no closer 29 Design Standards Areas than 20 feet behind the principal plane of the building frontage and shall not exceed 10 feet in width. K. General Ancillary Restrictions a) The following utility and functional needs shall be properly screened and concealed from public view, from any direction, whether facing a public street, along an alley, walkway or a side street, by either a screen, wall device or incorporated in the base building architecture: — Window and/or Wall Air Conditioners/HVAC units — All Utility Metering devices — Air Conditioning Compressors; — Irrigation sheds — Pool maintenance facilities and pumps. b) _The following shall be located in private open spaces, courtyards or to the side or rear private outdoor space of any attached dwelling unit: — Permanently fixed barbecues — Antennas — To the maximum extent permitted by law, satellite dish antennas greater than 18" in diameter. — For any residential units over commercial space, to the maximum extent permitted by law, a satellite dish needs to be concealed either on roof surfaces or setbacks, well away from any public streetscape vistas, public parking areas, and/or walkways. c) The following decorative and/or other elements are prohibited: — Undersized, inoperable, decorative shutters (all shutter(s) must be sized so as to equal the width and length that would be required to cover the window opening, per a traditional design interpretation) — Plastic,inoperable bris soleil shutters — Clotheslines; — Clothes Drying Yards; — Reflective and/or bronze-tint glass; Plastic or PVC roof files; — Backlit awnings; — Glossy-finish awnings; and — Fences made of chain link, barbed wire, or plain wire mesh, or rough- textured/timber or'fortress style' wood fences. — Unpainted and/or untreated wood fencing. 30 Design Standards — Areas SECTION TWO -AREA TWO Area Two accommodates predominantly commercial mixed uses, including large format/anchor and specialty retail, casual and fine dining,entertainment, recreation, hospitality,childcare,and office uses. A. Height. 1 to 4 stories with a max height of up to 70'with an occupiable space of 60' in height. B. Orientation. Building entrances in Area Two shall be oriented toward the major or primary streets or primary public event/open space(s), unless deviation is appropriate, per the discretion of the TDARC. Buildings located on an intersection shall have the main entrance oriented toward the major street. Any fagade facing other streets shall have facades that 'turn the corner' with similar/complementary architectural features and character. Retail, hospitality, and office buildings may be oriented toward a street, right of way, or courtyard. C. Transparency. The majority of buildings in Area Two are anticipated to be one story. For multiple use retail and commercial uses,the ground floor should be designed to be no less than sixty-five percent(65%) transparent along any front/primary street or parking area facing the front fagade, through the use of show windows,entrance doors, or other glass surfaces, including sliding, folding and roll- up glass doors that open seasonally.19 This allows pedestrians to view the goods and services offered in ground floor businesses and in the case of retailers or restaurants that showcase such spaces, allow for the internal activity of the venue to'spill-out' into the streetscape environment. Corner tenants or spaces that are primarily retail should turn the corner with at least one 'bay' of transparent or translucent storefront glass area no less than 30 feet back from the structural corner. In the case of professional services, office space, or non-retail/commercial uses, the Master Developer and TDARC will review all site and floor plans to help determine if transparency can be enhanced beyond the 30-foot minimum. Large format retailers should look to plan outer exposed side walls with either liner uses or be able to turn elements, massing, and details of the base building architectural character down the side for its full distance. Upper-level transparency is recommended for buildings that face parks, squares, or other significant vistas, per the discretion of the Master Developer and the TDARC. D. Open Space/Gathering Spaces. Usable and functional open spaces and programmable event spaces are required as part of the multiple-use areas and adjacent neighborhoods. This definition may also include/allow for landscaped traffic islands, pedestrian plazas, arrival courts, landscaped sidewalk/pathway areas, game areas, public amenity features such as water features, fireplaces and seating areas, general green space, playgrounds, tot lots, pocket parks and other recreational uses. Open spaces between buildings that create landscaped courtyards or walkways to connect rear parking areas 19 Provides a greater transparency standard than the TMISAP which encourages"40%of linear dimension of street level frontages shall be windows or doorways" in the Mixed Use Commercial Designation 3-50. 31 Design Standards or to adjacent neighborhoods or other nearby anchors are strongly encouraged and should be 'programmed'to encourage pedestrian activity, seating areas, and amenities. SECTION THREE-AREA THREE This area accommodates medium to higher-density office, commercial, recreation, medical, and hospitality uses. A. Height.The building must be a minimum of 3 to 8 stories with an occupiable height of 100'. Height is encouraged to be increased closer to Interstate 84. The TDARC can approve exceptions to the height requirement. B. Orientation. Building entrances in Area Three shall be oriented toward the major or primary streets or primary public event/open space(s), unless deviation is appropriate, per the discretion of the TDARC. Buildings located on an intersection shall have the main entrance oriented toward the major street. Any facade facing other streets shall have facades that 'turn the corner' with similar/complementary architectural features and character. Hospitality and office buildings may be oriented toward a street, right of way, or courtyard. C. Open Space/Gathering Spaces. Usable and functional open spaces are required. This definition may also include/allow for landscaped traffic islands, pedestrian plazas, arrival courts, landscaped sidewalk/pathway areas, game areas, public and employee amenity features such as water features, general green space, playgrounds, tot lots, pocket parks and other recreational uses. Open spaces between buildings that create landscaped courtyards or walkways to connect rear parking areas or to adjacent neighborhoods or other nearby anchors are strongly encouraged and should be 'programmed'to encourage pedestrian activity, seating areas, and amenities. 32 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Agreement for Use of Kleiner Park for Capital Community Egg Hunt Special Event by Capital Christian Center, Inc. C� fIEN DL4,,A H �. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Emily Kane, Deputy City Attorney Meeting Date: 4/15/2025 Presenter: Bill Nary, City Attorney Estimated Time: 0.1 minutes Topic: Agreement for Use of Kleiner Park for Capital Community Egg Hunt Special Event by Capital Christian Center, Inc. Recommended Council Action: Please approve agreement and authorize Mayor to sign Background: This agreement establishes terms and conditions of Capital Christian Center, Inc.'s use of Kleiner Park for a special event on April 19, 2025. AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT This AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT ("Agreement") is made this 15thday of April , 2025 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter"City"), and Kenneth G. Wilde, on behalf of Capital Christian Center, Inc., a religious corporation organized under the laws of the State of Idaho (hereinafter "Organizer"). WHEREAS,the respective governing bodies of City and Organizer are mutually interested in enhancing the Meridian community's quality of life by providing and supporting special event opportunities for members of the Meridian and greater communities; WHEREAS, City and Organizer recognize that publicly-held facilities are resources requiring heightened stewardship and protection; WHEREAS, Organizer has agreed to be responsible for any costs incurred by City in the course of the large-scale special event hosted by Organizer at Julius M. Kleiner Memorial Park("Park"), located at 1900 N. Records Avenue, in Meridian, Idaho, on April 19, 2025; and WHEREAS,the Meridian City Council finds that it is fiscally responsible and in the best interest of the community to enter into a contractual agreement establishing the terms and conditions of Organizer's use of Park; 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, City and Organizer agree as follows: I.PERMISSION GRANTED. Subject to the terms and conditions set forth herein, City hereby grants to Organizer permission to utilize Park at the time, place, and manner set forth in this Agreement and in City of Meridian Temporary Use Permit no. TUP-25-0019 for a large-scale special event known as "Capital Community Egg Hunt" ("Event"). II.OBLIGATIONS OF ORGANIZER. A. Reasonable use. Organizer shall employ best efforts to ensure that its use of Park and Park facilities, amenities, infrastructure, and/or vegetation are appropriate and reasonable. Where Organizer's use of Park and Park facilities, infrastructure, and/or vegetation causes disproportionately excessive damage to same, Organizer shall reimburse City for the cost or proportionate cost of necessary repairs and/or replacement. Organizer shall exercise best efforts to see that any and all use of Park, to the extent reserved by Organizer, is in compliance with all laws and with City's policies regarding use of City parks and/or facilities, including, but not limited to, policies be adopted or enacted by the Director of the Meridian Parks and Recreation Department. AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EvENT PAGE 1 OF 7 B. Permitting. In addition to compliance with all terms and provisions of this Agreement, Organizer shall separately obtain and comply with each and all of the following permits, as required by law: 1. City of Meridian Temporary Use Permit for Large Scale Special Event; 2. Any and all applicable licenses, permits, inspections, and/or certifications from the Federal Aviation Administration; 3. Any and all applicable licenses, permits, inspections, and/or certifications from the Ada County Highway District; 4. Any and all applicable licenses, permits, inspections, and/or certifications from the Central District Health Department; 5. Any and all reservations, permits, and inspections required by the Meridian Parks and Recreation Department. C. Fees. By noon (12:00 p.m.) on Friday, April 18, 2025, Organizer shall remit to City four thousand, nine hundred and forty dollars and thirty-four cents ($4,940.34), which amount includes: $1,590.00: Fee for reserving Park for one day $ 720.00: Fee for Meridian Parks and Recreation personnel to provide facility maintenance and janitorial services before, during, and after the Event, from 7:30 a.m. to 4:30 p.m. (4 staff @ $20/hour x 36 staff hours) $1,296.24: Fee for Meridian Police Department personnel to provide public safety and traffic control services before and during the Event, from 9:00 a.m. to 3:00 p.m. (4 officers @ $54.01/hour x 24 staff hours) If additional staffing or extended hours are required for the protection of public safety or maintenance of Park, Organizer shall reimburse City for all staffing costs within fourteen (14) days of City's invoice for such costs. If Organizer fails to timely reimburse City pursuant to such invoice, the City may decline to provide extra-duty personnel staffing, decline to reserve City facilities, release existing reservations of City facilities, or decline to allow the subsequent use of City facilities for Event or any iteration thereof. D. Time and place. The permission extended under this Agreement shall apply to the areas of Park detailed on the event site plan approved by City under City of Meridian Temporary Use Permit no. TUP-25-0019, from 8:00 a.m. to 4:30 p.m. on Saturday, April 19, 2025. E. Manner. The permission extended under this Agreement shall be subject to all terms and conditions as set forth in this Agreement, in City of Meridian Temporary Use Permit no. TUP-25-0019, and in any applicable laws and policies, including, without limitation, the Meridian Parks and Recreation Event Planners' Handbook. Such terms and conditions shall include, but shall not be limited to, the following: 1. The public must have general access to all areas of Park at all times, so long as such access does not unduly interfere with Organizer's use of Park for Event. 2. Driving or parking vehicles on non-designated driving or parking surfaces shall be prohibited, except at the direction of Meridian Parks & Recreation Department staff. Further, Organizer or his designee may operate one (1) golf cart at Park during event, so long as such operation may be undertaken safely. AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EvENT PAGE 2 OF 7 3. Where activities or equipment related to Event damage or destroy turf, landscaping, sprinklers, or other Park infrastructure or facilities, or otherwise require City to incur additional expenses, Organizer shall reimburse City for all costs of repair, replacement, or expense within fourteen (14) days of City's invoice for such costs. 4. Organizer shall make every effort to provide and maintain access to Event for persons with disabilities. 5. No smoking shall be allowed in Park, except in designated parking areas. 6. Used water, grease, charcoal, and other materials and supplies must be carried out of Park at the conclusion of Event, and may not be disposed of at Park. 7. Organizer is authorized to post signs for the purpose of identifying, promoting, advertising, or directing patrons to Event as represented and approved in City of Meridian Temporary Use Permit no. TUP-25-0019. Organizer acknowledges that the permission extended by City under this Agreement to post signs shall extend only to the locations approved in City of Meridian Temporary Use Permit no. TUP-25-0019, and that it is unlawful to post a sign identifying, promoting, advertising, or directing patrons to Event without the permission of the owner of such property. Organizer shall remove all signs identifying, promoting, advertising, or directing patrons to Event by dusk on Saturday, April 19, 2025. 8. Organizer shall offer for public use four (4) shuttle buses to transport event attendees to and from designated parking areas and the Event, and shall publicize the availability of such buses. 9. Organizer shall provide an adequate number of volunteers to staff the inflatables, egg fields, designated parking areas, the crosswalks between the Meridian Village and the Park, and the temporary crosswalk between the designated parking area on Records Road and the Park. 10. Organizer shall provide a medical services station at Event. Such station shall be staffed by at least two (2)personnel trained and certified to provide first aid. Such station shall be clearly marked and accessible to all Event participants. 11. Organizer shall provide and install temporary "no parking" signs adequate to prevent parking in the bike lanes on Records Road. 12. Organizer shall provide eight (8)portable toilets at Event, including one (1) for use by disabled persons. F. Skydiving. Pursuant to Meridian City Code section 13-2-6(B)(2), the Director of the Parks and Recreation Department hereby orders that Organizer may feature skydivers at the event subject to the following conditions: 1. The skydivers may land only on the designated landing area, and Organizer shall ensure that the designated landing area is clear and safe for Event attendees and the skydivers. AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EvENT PAGE 3 OF 7 2. This permission extends to Organizer's use of Sky Down Skydiving, LLC and its employees and agents only, and shall not be transferrable or assignable to any other entity. Sky Down Skydiving, LLC and all its employees and/or agents shall be properly licensed and certified. 3. Sky Down Skydiving, LLC and all of its employees and agents shall follow all local, state, and federal laws and regulations. 4. Premises used under this permission are offered on an as-is basis. 5. This order is subject to immediate revocation or modification at any time where such revocation or modification would serve the best interest of the City of Meridian. G. Insurance. As required by Meridian City Code, Organizer shall submit to City proof of an insurance policy issued by an insurance company licensed to do business in Idaho protecting Organizer, Organizer's employees, and Organizer's agents from all claims for damages to property and bodily injury, including death, which may arise during or in connection with Event, including Event set-up and tear-down. Such insurance shall name City as additional insured, and shall afford at least one million dollars ($1,000,000.00) per person bodily injury, one million dollars ($1,000,000.00)per occurrence bodily injury, and one million dollars ($1,000,000.00) per occurrence property damage. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City as set forth in this Agreement or any permit. If City becomes liable for an amount in excess of the insurance limits herein provided due to the actions or omissions of Organizer or any Organizer employee, agent, contractor, official, officer, servant, guest, and/or invitee, or any participant in or observer of Event or related activities, Organizer covenants and agrees to indemnify and save and hold harmless City from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. H. Primary Source of Contact for Organizer. Organizer shall provide City the name, e-mail address, and telephone number of specific personnel (hereinafter "Organizer Contact") who shall serve as Organizer's primary contact between Organizer and City for all day-to-day matters regarding set-up, operation, and tear-down of in Park. Organizer Contact for Event shall be: Organizer Contact: Mark Thornton E-mail: mark@ capitalchurch.co Phone: 208-888-1060, ext. 4 III.OBLIGATIONS OF CITY. A. Facility operation. Except as otherwise set forth herein, City shall provide general maintenance, mowing, irrigation, and custodial services with regard to Park facilities, infrastructure, and vegetation. City shall provide all necessary utilities and services to Park facilities, including, but not limited to, electricity, potable water, sewage service, and/or typical waste and refuse removal. City shall cause the repair and/or replacement of any and all Park facilities, infrastructure, and/or vegetation that are physically damaged by acts of nature. To the extent that the cause of damage is attributable to Event activities, Organizer shall be responsible for the cost of repair or replacement. AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EvENT PAGE 4 OF 7 B. Primary Source of Contact for City. City shall provide Organizer the name, e-mail address, and telephone number of specific City personnel (hereinafter"City Contact") who shall serve as City's primary contact between City and Organizer for all day-to-day matters regarding set-up, operation, and tear-down of in Park. City Contact for Event shall be: City Contact: Skyler Cook, Recreation Coordinator, Sports & External Events Meridian Parks and Recreation Department E-mail: scook@meridiancity.org Phone: 208-888-3579 IV.GENERAL PROVISIONS. A. Notice. Communication between Organizer and the City Contact regarding day-to-day matters shall occur via e-mail or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, or via e-mail, addressed as follows: City: Organizer:_ City of Meridian Kenneth G. Wilde, President Attn: City Clerk Capital Christian Center 33 E. Broadway Avenue 2760 E. Fairview Ave Meridian, Idaho 83642 Meridian, Idaho 83642 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. B. Public park. The parties hereto expressly acknowledge that Park is a public space, the management and scheduling of which shall at all times be within the sole purview of City. City shall have the right to allow the use of Park, and close all or any portion of Park, for any and all purposes and under any and all conditions. C. No right to exclude conveyed. Any exclusive use granted to Organizer by this Agreement shall include neither the right to exclude any law-abiding person from Park where such person is not interfering with Organizer's use thereof, nor the right to interfere with any person's concurrent, lawful use of Park where such concurrent use does not conflict or interfere with Organizer's use. At all times Organizer shall be on an equal footing with the general public regarding its use of Park. Organizer shall exercise any exclusive use granted by this Agreement only in accordance with the terms of this Agreement and in accordance with any and all applicable laws and City policies. D. Assignment. Organizer shall not assign or sublet all or any portion of Organizer's interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of City. This Agreement and each and all of the terms and conditions hereof shall apply to and are binding upon the respective organizations, legal representative, successors, and assigns of the parties. E. No agency. Neither Organizer nor Organizer's employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall be considered agents of City in any manner or for any purpose whatsoever in their use and occupancy of Park. AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EvENT PAGE 5 OF 7 F. Indemnification. Organizer and each and all of Organizer's employees, agents, contractors, officials, officers, servants, guests, and/or invitees, including any and all participants in Event or related activities, 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 caused or incurred by Organizer or any Organizer employee, agent, contractor, official, officer, servant, guest, and/or invitee, or any participant in or observer of Organizer programming, at or in its use of Park or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of City. G. No warranty. City makes no warranty or promise as to the condition, safety, usefulness, or habitability of the premises; Organizer accepts Park for use as is, both at the Effective Date of this Agreement and throughout the course of Event and all related activities. H. Compliance with laws. In performing the scope of services required hereunder, City and Organizer shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. I. 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. J. Time of the essence. The parties shall fulfill obligations described in this Agreement in a timely manner, as set forth herein. The parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. K. Termination. 1. Grounds. Grounds for termination of this Agreement shall include, but shall not be limited to: an act or omission by either party which breaches any term of this Agreement; an act of nature or other unforeseeable event which precludes or makes impossible the performance of the terms of this Agreement by either party; or a change in or occurrence of circumstances that renders the performance by either party a detriment to the public health, safety, or welfare. 2. Process. Either party may terminate this Agreement by providing twenty-four(24)hours notice of intention to terminate. Such notice shall include a description of the breach or circumstances providing grounds for termination. A twenty-four (24)hour cure period shall commence upon provision of the notice of intention to terminate. If, upon the expiration of such cure period, cure of the breach or circumstances providing grounds for termination has not occurred, this Agreement shall be terminated upon mailing or e-mailing of notice of termination. L. Breach. Any act or omission by either party which breaches any term of this Agreement may provide grounds for termination. In the event of breach, the City may also decline to provide extra- AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EvENT PAGE 6 OF 7 M. 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. N. 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. O. Applicable law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. P. Approval required. This Agreement shall not become effective or binding until approved by both Organizer and by Meridian City Council. 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. ORGANIZER: BY: ` 4e�iin­tth G. Wilde President, Capital Christian Center Incorporated CITY OF MERIDIAN: Attest: BY: Robert E. Simison, Mayor 4-15-2025 Chris Johnson, City Clerk 4-15-2025 AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT PAGE 7 OF 7 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval of Construction Contract to Prusik Construction, LLC for Lakeview Golf Course - Restrooms 2025 Sites 3 & 4 for the Not-To-Exceed amount of$234,500.00 and authorize the Procurement Manager to sign and to issue the resulting purchase order C_�/1✓fEN!D . N:---H o BID RESULTS BID NAME: LAKEVIEW GOLF COURSE-RESTROOMS 2025 SITES 3&4 BID NUMBER: PKS-2519-11591 DUE DATE&TIME: 2/28/2024,2:30 PM MST Barrier Building BriCon,Inc. Idaho Dirt Company Prusik Construction LLC Winspear Construction Total Cost $269,000.0 $237,500.0 $277,777.0 $234,500.0 $342,773.0 Selected p 0 0 0 1 0 If Items Selected Lowest Quantity Unit UnitPrice TotalCost UnitPrice TotalCost UnitPrice TotalCost UnitPrice TotalCost UnitPrice TotalCost Required 1 Lakeview Golf Course-Restrooms 2025 Sites 3&4 $234,500.0 $234,500.0 1 LS 11$269,000.0 $269,000.0 11$237,500.0 $237,500.0 11$277,777.0 $277,777.0 $234,500.0 1$234,500.0 1 1$342,773.0 $342,773.0 (::� VE N DIAN:--- MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts, Procurement Manager Meeting Date: April 15, 2025 Presenter: Consent Estimated Time: N/A Topic: Approval of Construction Contract to Prusik Construction, LLC for Lakeview Golf Course - Restrooms 2025 Sites 3 &4 for the Not-To-Exceed Amount of$234,500.00 Recommended Council Action: Approval of Construction Contract to Prusik Construction,LLC for Lakeview Golf Course-Restrooms 2025 Sites 3 & 4 for the Not-To-Exceed amount of $234,500.00 and authorize the Procurement Manager to sign and to issue the resulting purchase order. Background: • This Construction Contract is the result of Formal Bid# PKS-2519-11591 that closed at 2:30 PM on Friday 3/28/2025. Five (5) bids were received. CONTRACT CHECKLIST I. PROJECT INFORMATION Date: 4/18/2025 REQUESTING DEPARTMENT Parks and Recreation Project Name: Lakeview Golf Course-Restrooms 2025 Sites 3&4 Project Manager: Mike Barton Contract Amount: $234,500.00 Contractor/Consultant/Design Engineer: Erickson-Civil, Inc. Is this a change order? yes ❑ No 0 Change Order No. II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type Fund: 01 Budget Available(Purchasing attach report): Department 5390 Yes 0 No ❑ Construction 0 GL Account 93408 FY Budget: 2025 Task Order ❑ Project Number: 11591 Enhancement: Yes ❑ No 0 Professional Service ❑ Supplies or Equipment ❑ Will the project cross fiscal years? Yes❑ No Grant ❑ IV. GRANT INFORMATION-to be completed only on Grant funded projects Grant#: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status(Federal Funded) N/A N/A N/A N/A Print and Attach the determination Print,attach and amend bid by addendum(if changed) www.sam.gov Print and attach V. BASIS OF AWARD BID RFP/RFQ TASK ORDER Award based on Low Bid Highest Ranked Vendor Selected Master Agreement Category (Bid Results Attached) Yes [2] No ❑ (Ratings Attached) Yes ❑No Date MSA Roster Approved: Typical Award Yes F,-/] No ❑ If no please state circumstances and conclusion: Date Award Posted: March 31,2025 7 day protest period ends: April 7,2025 VI. CONTRACTOR/CONSULTANT REQUIRED INFORMATION PW License 045269 Expiration Date: 9/30/2026 Corporation Status Active Insurance Certificates Received(Date): 4/2/2025 Expiration Date: 10/1/2025 Rating: A+ Payment and Performance Bonds Received(Date): 4/2/2025 Rating: 100% Builders Risk Ins.Req'd: Yes ❑ No 0 If yes,has policy been purchased? (Only applicabale for projects above$1,000,000) VII. TASK ORDER SELECTION (Project Manager to Complete) Reason Consultant Selected ❑ 1 Performance on past projects Check all that apply ❑ Quality of work ❑ On Budget ❑On Time ❑ Accuracy of Construction Est ❑ 2 Qualified Personnel ❑ 3 Availability of personnel ❑ 4 Local of personnel Description of negotiation process and fee evaluation: Enter Supervisor Name Date Approve Vill. AWARD INFORMATION Date Submitted to Clerk for Agenda: April 7,2025 Approval Date April 18,2025 By: City Council Purchase Order NO.: TBD Date Issued: TBD WH5 submitted TBD (Only for PW Construction Projects) NTP Date: TBD Contract Request Checklist.5.24.2016.Final CD TRACT FOR PUBLIC WORKS CONSTRUCTION LAKE VI -W GOLF COURSE - RESTROOMS 2025 SITES 3 & 4 PROJECT # 11591 THIS CONTRAC1 FOR PUBLIC WORKS CONSTRUCTION is made this 31 st Day of March, 2025, and entered into by and between the City of Meridian, a municipal corporation organ zed under the laws of the State of Idaho, hereinafter referred to as "City", 33 East Broadway Avenue, Meridian, Idaho 83642, Prusik Construction, LLC, hereinaftcir referred to as "Contractor", whose business address is 9931 %A/ r' ,kl� � ,r S+ ,;+� 1�0 ❑ . �� ._+n—s� no 916 W. Sherwood St v v. vu..i��., vu�' a., S'u— , Bois%wi, fv �.r.... v":.:J Boise, ID 83706 and whose Public Works Contractor License # is PWC- C-045269. INTRODUCTION k JHEREAS, the City has a need for services involving Lakeview Golf Course - Restr oms 2025 Sites 3 &4; and WHEREAS, the Contractor is specially trained, experienced and competentto p rform 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 doc�mpnts, 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 reprod6cq, 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 anysuch work is copyrightabl�, the Contractor may copyright the same, except that, asto 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, orany part thereof, and to authorize others to do so. 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 Lakeview Golf Course - Restrooms 2025 Sites 3 &4 Project# 11591 I 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 f this Agreement. Except for that representation and any representation made or contained in any proposal submitted by the Contractor and any repo Ts 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 " -ayment Schedule" attached hereto and by reference made a part hereof for the o�-To-Exceed amount of$234,500. 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 m6terial escalations. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibits A or B. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. Lakeview Golf Course - Restrooms 2025 Sites 3 &4 Project# 11591 3.3 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. 4. Liquidated Damages: Substantial Completion shall be accomplished within 120 (One Hundred Twenty) calendar days y from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract{ Contractor shall be liable to the City for any delay beyond this time period in the amount of$0 (Zero Dollars) per calendar day. Suchpayment shall be construed to be liquidated damages by the Contractor in lieu ofany claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have 135 (One Hundred Thirty-Five) calendar days to complete the work as described herein. Contractor shall beliable to the City for any delay beyond this time period in the amount of$0 (Zero Dollars) per calendar day. Such payment shall be construed tobe liquidated damages by th Contractor in lieu of any claim or damage because ofsuch delay and not be cons rued as a penalty. See Milestones listed in the Payment Schedule for Substanti I [Completion. 5. Termination: 5.1 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 �equired 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 thergupon 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. 5.2 Notwithstanding the above, Contractor shall not be relieved of liability tothe City for damages sustained by the City by virtue of any breach of this Agreement Lakeview Golf Course - Restraoms 2025 Sites 3 & 4 Project# 11591 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 an shall not relieve Contractor of pliability to the City for damages. 6. Independent f�ontractor: 6.1 In all matters pertaining to this agreement, Contractor shall be acting as an independent Contractor, and neither Contractor nor any officer, employeeor agent of Contractor will be deemed an employee of City. Except as expressly provided in Exhibit A, Con ractor has no authority or responsibility to exercise any rights or power vested in, the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation ofthe personnel of the City in the performance of this agreement shall be made bythe City. 6.1 Contra(:t4' 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 of as employees of the City. 6.2 Contracto 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 Cit'y's control with respect to the physical action or activities of Contractor in fulfilment of this Agreement. If in the performance of this Agreement any third person are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 7. Sub-Contractors: Contractor shall require that all of its sub-Contractors be licensed per State of Idaho Statute # 54-1901 & 54-1902. 8. Removal of Uhs'tisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contra t. If, in the opinion of the City, an employee of the Contractor is incompetent or c isorderly, 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. 9. Indemnification and Insurance: 9.1 Contractor shall indemnify and save and hold harmless City and it'selected officials, officers,employees, agents, and volunteers from and for any and all losses, claims, actions, judgments for damages, or injury to persons or propertyand losses and expenses and other costs including litigation costs and attorney'sfees, arising Lakeview Golf Course- Restrooms 2025 Sites 3 &4 Project# 11591 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 of caused by or arising out of the tortious conduct of City or its employees. Contractor shall maintain, and specificallyagrees that it will maintains throuqhout th t rm of this A reement liabilit insurance in which the Cit shall be named an additional insured in the minimumamounts as follow: General Liability One Million Dollars ($1,000,000) per incidentor 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 all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs ar1dattorneys' 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 sab� it proof of compliance with the changed limits. Evidence of all insurance shalll b� submitted to the City PurchasingAgent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 9.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. 9.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 9.4 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the Cityor the City's elected officers, officials, employees and volunteers shall be excess ofthe Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 9.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Lakeview Golf Course- Restrooms 2025 Sites 3 &4 Project# 11591 9.6 All insurance coverages for subContractors shall be subject to all of the insurance and indemnity requirements stated herein. 9.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subContractors. 10. Time is of the Essence: I The parties hereto acknowledge and agree that time is strictly of the essence with respect to eac a�d every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to h ISPWC, which by this reference are made a part hereof. Contractor is rewired to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho with a Best's rating of no less than A-. In the event that the contract is subsequently terminated for failure to perform, the Contractor and/or surety will be liable and assessed for any and all costs for the re-procurement of the contract services. 12. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 13. Changes: The City may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of Contractor's compensation, which are mutually agreed upon by and between the City and Contractor, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 14. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items Lakeview Golf Course- Restrooms 2025 Sites 3 & 4 Project# 11591 purchased by the City and used by a Contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 15. Meridian StorrnLter 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://w� w.meridianCity.orq/environmental.aspx?id=13618. Contractor shall retain all stormwater and erosion control documentation generated m 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. I 16. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right-of-Way Use Permit from ACH'D on City's behalf. The parties acknowledge and agree that the scope of the aOency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 17. Reports and Information: 17.1 At such times and in such forms as the City may require, there shall be furnished to the City such statements, records, reports, data and information asthe City may request pertaining to matters covered by this Agreement. 17.2 Contracto 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 rec r ing upon any tangible thing, any form of communication or representation i cluding letters, words, pictures, sounds or symbols or any combination thereof. 18. Audits and Inspections: At any time during normal business hours and as often as the City may deem Lakeview Golf Course - Restrooms 2025 Sites 3 &4 Project# 11591 necessary, there shall be made available to the City for examination all of Contractor's rQrds 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 data relating to all matters covered by this I greement. 19. Publication, reproduction and Use of Material: No material prod}�ced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The City shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 20. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31 , U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to ensure that employees are treated withouIt regard to race, color, religion, sex, national origin, age, political affiliation, marita{ status, or handicap. In performing the Work required herein, CONTRACTOR hall not unlawfully discriminate in violation of any federal, state or local law, rule Oriegulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 21. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents as employees on ny 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. 22. Advice of Attorney: Each party warr�nts and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 23. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as Lakeview Golf Course - Restraoms 2025 Sites 3 & 4 Project# 11591 may be granted, to court costs and reasonable attorneys' fees as determined by a Court of compet nt jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 24. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 25. Waiver of Deflault: Waiver of defa�It by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 26. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 27. Assignment: It is expressly agreed and understood by the parties hereto, that Contractor shall not have the right to assign, transfer, hypothecate or sell any of its rights underthis Agreement except upon the prior express written consent of City. 28. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been don? and is in compliance with the Agreement, the Project Manager will approve the p9y request for processing. City of Meridian payment terms are Net 30 from the date iCity 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. 29. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces Lakeview Golf Course - Restrooms 2025 Sites 3 &4 Project# 11591 of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. 30. Order of Precedience: The order or preicedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 31. Compliance with Laws: . I In performing the scope of work required hereunder, Contractor shall comply Vball applicable laws, Ordinances, and codes of Federal, State, and localgovernments. This Agreement yhall 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 Idah 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. Contractor 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. 32. Notices: Any and all ne)tir.es required to be given by either of the parties hereto, unless otherwise started 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: Lakeview Golf Course - Restrtooms 2025 Sites 3 &4 Project# 11591 CITY: CONTRACTOR: City of Meridian Prusik Construction, LLC Procurement Manager Attn: Michael McHargue 33 E Broadway Ave. 9931 W. Cable Car St., Suite 130 Meridian, ID 83642 Boise, ID 83709 208-489-0417 Phone: 208-994-7300 Email: mike@prusikbuilt.com Public Works Contractor License#: PWC-C-045269 Either party may change their address for the purpose of this paragraph by giving written notice ref such change to the other in the manner herein provided. 33. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN: PRUSIK CONSTRUCTION, LLC: BY: BY: Vke2_'_ KEITH WATTS, Procurement Manger MICHA L MCHARGUE, President DATED: DATED: - A1,060o.5— Approved by Council Date: (if needed) Project Manager Mike Barton Lakeview Golf Course - Restrooms 2025 Sites 3 & 4 Project# 11591 EXHIBIT A SCOPE OF WORK REFER TO INVITA_TION TO BID (PKS-2519-11591) ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # (PKS-2519-11591), are by this reference made a part hereof. S E IFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the current version of the Idaho Standa�ds for Public Works Construction (ISPWC), the current version of the Cit}' of Meridian Supplemental Specifications to the ISPWC (and any Addendams). See the following separate attached documents: • Document 5 - ❑r,wings—Plans For Lakeview Golf Course 2025 Civil Site 3 (8 Pgs.). • Document 6 - Drawing—Plan For I akeview Golf Course 2025 Foundation Site 3 (1 Pg.). • Document 7 - Drawings—Plans For Lakeview Golf Course 2025 Civil Site 4 (8 Pgs.). • Document 8 - Drawing—Plan For Lakeview Golf Course 2025 Foundation Site 4 (1 Pg.). Lakeview Golf Course - Restrooms 2025 Sites 3 &4 Project# 11591 EXHIBIT B MILESTONE / PAYMENT SCHEDULE A. Total and complete 1,ompensation for this Contract shall not exceed $234,500. MILESTONE DATES/SCHEDULE Milestone 1 Substantial Completion 120 Days From Date of NTP Milestone 2 Final Completion 135 Days From Date of NTP PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment and incidentals as required for Lakeview Golf Course - Restrooms 2025 Sites 3 & 4 per ITB BID# PKS-2519-11591. NOT-TO-EXCEED AMOUNT.............................................$234,500 I Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any additional increases or decrea es in work requested by City. The City will pay the Contractor based on actual quantities of each item of work in accordance with the contract documents. CONTRACT PRICING SCHEDULE Item Description Quantity Unit Unit Price Total Cost No. Required 1 Lakeview Golf Course- 1 LS $234,500.00 $234,500.00 Restrooms 2025 Sites 3 & 4 Lakeview Golf Course - Restrooms 2025 Sites 3 & 4 Project# 11591 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Department Report: Acquisition of Approximately 40.82 Acres for a Future Community Park C� fIEN MEMO TO CITY COUNCIL Request to Include Topic on the City Council Work Session Agenda From: Steve Siddoway, Parks &Recreation Meeting Date: April 15, 2025 Director Kurt Starman, Deputy City Attorney Presenters: Steve Siddoway, Parks & Recreation Estimated Time: 20 minutes Director Kurt Starman, Deputy City Attorney Topic: Department Report: Acquisition of Approximately 40.82 Acres for a Future Community Park Recommended Council Action: Approve the acquisition of 40.82+/- acres in northwest Meridian for a future community park. Background: Owyhee Holdings, LLC ("Owyhee Holdings") owns a significant amount of land in the "Fields Area" (i.e., the northwest portion of the City's area of impact). The City's Future Land Use Map identifies the need for a community park in this area. Owyhee Holdings is willing to sell 39.911+/- acres (the "Owyhee Holdings Property") to the City for this purpose at a reduced price of$3,925,587 -well below the fair market value, which is approximately$6,984,425. The difference between the fair market value and the acquisition price would be treated as a donation from Owyhee Holdings to the City.Additionally, Owyhee Holdings has negotiated a purchase and sale agreement with Intermountain Gas Company to acquire an additional 0.9+/- acres (the "Intermountain Gas Property") needed to develop the community park. The purchase price for the Intermountain Gas Property is $168,684, which reflects fair market value, and Owyhee Holdings is willing to assign its interest in the purchase and sale agreement to the City. Thus, the City would acquire a total of 40.82+/- acres, as depicted on the attached location map, at a total cost of$4,094,271 (plus closing costs and other related expenses). This acquisition is consistent with the Letter of Intent approved by City Council in January 2025. Park development impact fees will be used to fund the acquisition. If the City Council wishes to proceed with the acquisition, it will be necessary to approve two related resolutions included on this same agenda, as well as a budget amendment. The resolutions approve the acquisition of the Owyhee Holdings Property and Intermountain Gas Property, respectively, and authorize the Mayor to execute the agreements and instruments listed on the following page. 1 Agreement/Instrument Description Purchase and Sale Agreement for Owyhee To facilitate the City's purchase of the Owyhee Holdings Property Holdings Pro ert South Collector Road Easement Easement to facilitate the future construction of a collector road North Collector Road Easement Easement to facilitate the future construction of a collector road Sewer and Temporary Access Easement Easement for a sewer line and temporary access road to N. Can Ada Road Assignment of Farm Lease Owyhee Holdings will assign an existing, short- term farm lease to the City Quitclaim Deed - City to City To consolidate the Owyhee Holdings Property and the Intermountain Gas Property into one parcel Purchase and Sale Agreement for To facilitate the City's purchase of the Intermountain Gas Property Intermountain Gas Property Assignment of Purchase and Sale Agreement Assigns the Purchase and Sale Agreement for for the Intermountain Gas Property the Intermountain Gas Property to the City Post-Closing Development Agreement Requires the City to relocate an existing farm road and irrigation drainage ditch, if necessary,to facilitate the construction of the future collector road Related closing documents Documents required at closing Attachment- Location Map 2 :mil ��\\\L1-1---- ___ .. \ _-� _ 33 - \ -..... ............ f I 1 ; OWYNEE I OLDINGS LIC SPN431G:>3IV0 9%tlP .CAN ADA ROAD O I y EXISTING PROPERLY LINE p' I -- PARK a 0 O__- 1 Z= F- 1 140.82 TOTAL ACRES g Q = 11,909 ACRES FROM INTERMOUNTAIN GAS I +/-39.911 ACRES FROM OWYHEE HOLDINGS F Q I I Q p INTERMOUNTAIN GAS CO.TO CITY OF MERIDIAN J 939,616 SF(GROSS) Q ACRES(GROSS) O PROPOSEDRIGHT-OF-WAY Z FUTURE RIGHT-OF-WAY - j INTERMOUNI'A111 f.ASCO (EXISTING PROPERTY LINE) \ PROPOSED CENTERUNE SO4AN> 6P Q I .I0.14 N.LAN AOA ROAD ` GS I I\ ss \\ OWYHEE HOLDINGS LLC TO 9 + DUSTING WELL SITE INTERMOUNTAIN GAS CO. i 1 54,616 SF(GROSS) f 1 x0.106 ACRES(GROSS) kin I I Ell I I sac o..om.. r i • \�� �`� ® .NEETNO. EX1.0 sv i FIELDS DISTRICTPURCHASEPARK PROPERTY Park Site Owyhee HS Highlights Park Impact Fees•Total Cost–$4,094,271 •Fair Market Value•Intermountain Gas–$168,684 •= Donation to CityDifference (over $3,000,000) •Value $6,984,425•Owyhee Holdings–$3,925,587 •Cost•Total Park Site-40.8 Acres •Intermountain Gas–0.9 Acres •Owyhee Holdings–39.9 Acres •Size• Next Steps Scheduled April 30, 2025•Closing with Title CompanyLand Purchase from Intermountain Gas–2513 -Resolution No. 25•Land Purchase from Owyhee Holdings–2512 -Resolution No. 25•includes Closing Costs)–Budget Amendment ($4,250,000 •City Council Approval THANK YOU for coordinating this partnership and donationThank you to the Mark Bottles TeamDeputy City AttorneyParks & Recreation DirectorSteve Siddoway W IDIAN� AGENDA ITEM ITEM TOPIC: Fiscal Year 2025 Budget Amendment in the Amount of$4,250,000 for the Purchase of Real Property for a Community Park Site 3/26/2025 9:06AM City of Meridian FY2025 Budget Amendment Form Personnel Costs Full Time Equivalent(FTE): Fund# Dept.# G/L# Proj.# G/L#Description Total W IDIAN%-' 07 5290 41200 1 0 Wages C> 07 5290 41206 0 PT/Seasonal Wages 07 5290 41210 0 Overtime Please only complete the fields 07 5290 41304 0 Uniform Allowance highlighted in Orange. 07 5290 42021 0 FICA $ Amendment Details 07 5290 42022 0 1 PERSI I $ Title: Fields District Park Property 07 5290 1 42023 1 0 1 Worker's Comp $ Department Name: Parks and Recreation 07 5290 42025 1 0 1 Employee Insurance $ Presenting Department Name: Parks and Recreation Total Personnel Costs $ Department#: 5290 Operating Expenditures Primary Funding Source: 7 Fund# Dept.# G/L# Proj.# G/L#Description One-Time On-Going Total CIP#: 07 5290 1 0 $ Project#: 07 5290 0 $ 07 5290 0 $ Is this for an Emergency? ❑ Yes 0 No 07 5290 0 $ New Level of Service? ❑ Yes No 07 5290 0 $ 07 5290 0 $ Clerks Office Stamp 07 5290 0 $ 07 5290 1 0 $ 07 5290 0 $ 07 5290 0 $ 07 5290 0 $ 07 5290 0 $ 4-15-2025 07 1 5290 0 $ Date of Council Approval Total Operating Expenditures $ $ $ Capital Outlay Fund# Dept.# G/L# Proj.# G/L#Description Total Acknowledgement Date 07 5290 91000 1 0 Land Acquisition $ 4,250,000 3/26/2025 07 5290 0 07 5290 0 Department Director 07 5290 0 REVIEWED 07 5290 0 By Todd Lavoie at10:49 am,Mar 26,202s jflelds 3.26.25 07 5290 0 1 i i �Firaancjal Office Total Capital Outlay $ 4,250,000 3 Revenue/Donations a4 Fund# Dept.# G/L# Proj.# G/L#Description Total n it Liaison 07 0 07 0 3-27-25 07 0 Mayor Total Revenue/Donations $ Total Amendment Request $ 4,250,000 City of Meridian FY2025 Budget Amendment Form H:\Budget Amendment-Fields District Park Property 3/26/2025 9:06AM City of Meridian FY2025 Budget Amendment Form Total Amendment Cost- Lifetime Prior Year(s) Fiscal Year Fiscal Year Fiscal Year Fiscal Year Fiscal Year Department Name: Parks and Recreation Funding 2025 2026 2027 2028 2029 Title: Fields District Park Property Personnel $ $ $ - $ - $ Instructions for Submitting Budget Amendments: Operating $ $ $ $ $ >Department will send Amendment with Directors signature to Finance(Budget Manager)for review Capital $ 4,250, 00 >Finance will send Amendment to Council Liaison for signature Total $ - $ 4,250,000 $ - $ $ $ >Council Liaison will send signed Amendment to Mayor Total Estimated Project Cost: $ 4,250,000 >Mayor will send signed Amendment to Finance(BudgetManager) Evaluation Questions >Finance(Budget Manager)will send approved copy of Amendment to Department Please answer all Evaluation Questions using the financial data referenced above. >Departmentwill add copy of Amendment to Council Agenda using MunicodeAgenda Manager 1. Describe what is being requested? We have been working with the Mark Bottles team to acquire future park land in northwest Meridian,in the area also known as the Fields District. The land is comprised of approximately 40.8 acres from Owyhee Holdings and approximately 0.9 acres from Intermountain Gas. The total acreage will be approximately41.7 acres. The purchase price of the Owyhee Holdings land is $4,014,995,which is approximately$3,100,000less than fair market value. The difference between the acquisition price and the fair marketvaluewill be treated as a donation. The purchase B price of the Intermountain Gas property is$168,684 which reflects fair market value. The balance of the funds will be used for closing costs. 2. Why was this budget request not submitted during the current fiscal year budget cycle? The partnership evolved afterthe budget process. 3. What is the explanation for not submitting this budget request during the next fiscal year budget cycle? We would like to take advantage of this opportunity purchase for future park property. City Council approved the Letter of Intent in January 2025. 4.Describe the proposed method of funding? If funding is split between Funds(i.e. General,Enterprise,Grant),please include the percentage split. List the amounts and j sources of anticipated additional revenue that will result from approval of this request. The$4,250,000 is being requested from park impact fees.Park impact fees are being collected for this purpose. 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. No 7.Does this Amendment include any needed Equipment or Software that will utilize the Cit 's network? Yes or No o 777 8.Is the amendment going to result in the disposal of an asset?(Yes or No) �, No (�9.Any additional comments? lv/A Total Amendment Request $ 4,250,000 Every effort should be made to avoid reopening the budget for an amendment. Departments will need to provide backup and appear before the City Council to justify budget amendments. Budget amendments are intended for emergency or mandatory changes to the original balanced budget. Changes to the original balanced budget may cause a funding shortfall. City of Meridian FY2025 Budget Amendment Form H:\Budget Amendment-Fields District Park Property W IDIAN� AGENDA ITEM ITEM TOPIC: Resolution No. 25-2512: A Resolution Approving that Certain Real Estate Purchase and Sale Agreement Between the City of Meridian and Owyhee Holdings, LLC Concerning the City's Acquisition of 39.911 Acres for a Future Community Park; Approving Related Agreements and Instruments; Authorizing the Mayor to Execute the Real Estate Purchase and Sale Agreement and Related Agreements and Instruments; Authorizing the Mayor to Execute All Other Documents and Perform All Other Acts Reasonably Necessary to Effectuate the Purchase of the Real Property; and Providing an Effective Date 25-2512 CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: CAVENER,LITTLE ROBERTS, OVERTON, STRADER, TAYLOR,WHITLOCK A RESOLUTION APPROVING THAT CERTAIN REAL ESTATE PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF MERIDIAN AND OWYHEE HOLDINGS, LLC CONCERNING THE CITY'S ACQUISITION OF 39.911 ACRES FOR A FUTURE COMMUNITY PARK; APPROVING RELATED AGREEMENTS AND INSTRUMENTS; AUTHORIZING THE MAYOR TO EXECUTE THE REAL ESTATE PURCHASE AND SALE AGREEMENT AND RELATED AGREEMENTS AND INSTRUMENTS; AUTHORIZING THE MAYOR TO EXECUTE ALL OTHER DOCUMENTS AND PERFORM ALL OTHER ACTS REASONABLY NECESSARY TO EFFECTUATE THE PURCHASE OF THE REAL PROPERTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Owyhee Holdings, LLC ("Owyhee Holdings") owns approximately 39.911 acres of real property southeast of N. Can Ada Road/W. McMillan Road("Property"), as described in that certain Real Estate Purchase and Sale Agreement,which is attached hereto ("PSA"); and, WHEREAS,the City desires to purchase the Property from Owyhee Holdings for a future community park and other recreational purposes, as authorized under Idaho Code section 50-301; and, WHEREAS,the purchase of the Property will require the execution of the PSA and several related agreements and instruments, to wit: (1) South Collector Road Easement Agreement, which shall be substantially similar to Exhibit B to the PSA; (2)North Collector Road Easement Agreement,which shall be substantially similar to Exhibit C to the PSA; (3) Sewer and Temporary Access Easement, which shall be substantially similar to Exhibit D to the PSA; (4) Assignment and Assumption Agreement concerning the existing short-term farm lease encumbering the Property; (5) quitclaim deed to consolidate the Property with an additional 0.909+/- acres also being acquired for the future community park; and(6) other documents reasonably necessary to effectuate the purchase of the Property(collectively, "Related Agreements and Instruments"); and, WHEREAS, the purchase price of the Property shall be $3,925,587,which is approximately$3.1 million less than the fair market value of the Property; and, WHEREAS,the difference between the fair market value of the Property and the purchase price of the Property shall be treated as a donation from Owyhee Holdings to the City; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the City Council hereby approves the PSA and the Related Agreements and Instruments, all of which shall be substantially similar to the attachments hereto; RESOLUTION CONCERNING ACQUISITION OF REAL PROPERTY Page 1 of 2 Section 2. That the Mayor is hereby authorized to execute the PSA and Related Agreements and Instruments; Section 3. That the Mayor is hereby authorized to execute all other documents and perform all other acts reasonably necessary to effectuate the purchase of the Property; and, Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 15th day of April , 2025. APPROVED by the Mayor of the City of Meridian, Idaho, this 15th day of April , 2025. APPROVED: Robert E. Simison, Mayor ATTEST: By: Chris Johnson, City Clerk RESOLUTION CONCERNING ACQUISITION OF REAL PROPERTY Page 2 of 2 CM REAL ESTATE PURCHASE AND SALE AGREEMENT THIS REAL ESTATE PURCHASE AND SALE AGREEMENT(this"Agreement")is entered into as of the Effective Date by and between Buyer and Seller. In consideration of the mutual promises set forth in this Agreement,Seller hereby agrees to sell,and Buyer hereby agrees to purchase,the Property subject to the terms set forth herein. 1. BASIC AGREEMENT TERMS a. "Effective Date" The later date of the dates that both Buyer and Seller have executed this Agreement as set forth on the Signature Page of this Agreement. b. "Buyer" City of Meridian, an Idaho municipal corporation c. "Seller" Owyhee Holdings, LLC d. "Property" That certain real property commonly known as+/-39.911 Acres at TBD Can Ada Road, Ada County, ID graphically depicted and legally described on Exhibit A, attached hereto. The Property includes all right, title, and interest in the Property including all improvements and fixtures thereon, all appurtenances related thereto and all water and water rights, ditch and ditch rights appurtenant thereto. e. "Purchase Price" Three Million Nine Hundred Twenty Five Thousand Five Hundred Eighty Seven No/100 Dollars ($3,925,587). f. "Closing Date" April 30, 2025. The City shall have one (1) option to extend closing by one month. First American Title Insurance Company, 2150 Bonito g. "Escrow Agent" Way, Suite 100 Meridian, Idaho 83642; Attn: Tami DeJournett Albert, Escrow Officer Email: tdalbert@firstam.com PURCHASE AND SALE AGREEMENT Page 1 of 45 2. DUE DILIGENCE (a) Property Inspections. From the Effective Date through the closing of the transaction contemplated by this Agreement(the "Closing"), Seller will allow Buyer and Buyer's surveyors,engineers, agents and representatives to have reasonable access to the Property. Buyer must coordinate all access with Seller in advance. Buyer will, at its sole expense, promptly restore any physical damage that results from any inspections conducted by or on behalf of Buyer, however, Buyer shall have no obligation to restore any damage resulting from a pre-existing condition on the Property. All inspections will be conducted at Buyer's sole expense and in accordance with all requirements of applicable law. Buyer will keep the Property free from any liens arising out of any activity by or on behalf of Buyer with respect to the Property. If such a lien is filed,then Buyer will cause the same to be promptly discharged of record. (b) Seller's Documents.Within five(5) business days from the Effective Date,Seller shall,to the extent within Seller's possession, provide to Buyer copies of all documents, contracts, reports (including but not limited to, a current environmental report, boring logs, soil and geotechnical reports, and ALTA Survey), studies, maps, tax billings, as-built drawings, warranty information, copies of all service contracts relating to the Property, a listing of all pending or threatened litigation against Seller with respect to claims regarding or relating to the property, and other information in Seller's possession relating to the Property(collectively the"Seller's Documents"). From the Effective Date to the closing,Seller shall have a continuing obligation to provide Buyer copies of additional Seller's Documents within three (3) business days of receipt of the same. (c) Title Matters.Within five(5) business days from the Effective Date,Seller shall cause Escrow Agent to deliver to Buyer a commitment for an owner's title insurance policy, dated after the date hereof in the amount of the Purchase Price,with standard form coverage."Permitted Exceptions,"as used hereafter, shall be those matters reflected in the latest title commitment policy received by Buyer before the Closing Date (as applicable, "Last Report") other than (i) delinquent taxes or assessments, (ii)any deed of trust, mortgage or other lien or monetary encumbrance affecting the Property or any part thereof, and (iii) any lien, encumbrance or other matter affecting title to the Property that was created or consented to by Seller after the Effective Date without Buyer's written consent (collectively, the "Mandatory Cure Items"). It shall be a condition to Buyer's obligations under this Agreement that the Title Company shall have agreed to issue to Buyer an ALTA standard form owner's policy of title insurance, insuring title to the Property in Buyer in the amount of the Purchase Price, subject only to the Permitted Exceptions and including such endorsements as are reflected in the Last Report (the "Title Policy"). By Closing, Seller shall cure all Mandatory Cure Items and all defects or encumbrances attaching by, through or under Seller after the date of this Agreement. (d) Termination of Agreement. If Buyer determines, in its sole and absolute discretion, that Buyer is not satisfied with its due diligence inspection and review of the Property for any reason, then at any time on or before the Closing Date, Buyer may deliver a notice to Seller of its election not to proceed with the purchase of the Property, whereupon Buyer will pay Seller$100 as independent consideration for Buyer's rights under this Agreement, and neither party will have any further liability hereunder except for those obligations that expressly survive the termination of this Agreement. PURCHASE AND SALE AGREEMENT Page 2 of 45 3. CLOSING AND RELATED MATTERS (a) Escrow Closing. The closing of the transaction contemplated by this Agreement will take place at Escrow Agent's office on the Closing Date. On or before the Closing Date, Buyer and Seller will deposit with Escrow Agent all instruments, documents and monies (payable in cash, by wire funds or bank check), as necessary to complete the transaction in accordance with this Agreement, including but not limited to: i. Seller will execute and deliver to Escrow Agent a special warranty deed conveying the Property to Buyer in a form prepared by Seller and acceptable to Buyer; ii. Seller will execute an affidavit of non-foreign status and any affidavits that may be customarily required by Escrow Agent for issuance of any title insurance desired by Buyer; iii. Seller will deliver to Escrow Agent any documents reasonably required by the Title Commitment or otherwise by Escrow Agent to demonstrate (a) Seller's power and authority to enter into and perform the transactions contemplated by this Agreement; and (b) the authority of any individual(s)who have executed or will execute documents on behalf of Seller in connection with this transaction; iv. Seller and Buyer shall execute and deliver to Escrow Agent that certain South Collector Road Easement Agreement attached hereto as Exhibit B to be recorded in the real property records of Ada County; V. Seller and Buyer shall execute and deliver to Escrow Agent that certain North Collector Road Easement Agreement attached hereto as Exhibit C to be recorded in the real property records of Ada County; vi. Seller and Buyer shall execute and deliver to Escrow Agent that certain Sewer and Temporary Access Easement attached hereto as Exhibit D to be recorded in the real property records of Ada County; vii. Seller and Buyer shall execute an Assignment and Assumption Agreement, whereby Seller shall assign and Buyer shall assume that certain Real Estate Purchase and Sale Agreement by and between Owyhee Holdings, LLC as the Buyer and Intermountain Gas Co. as the Seller,the substantial form of such Purchase and Sale Agreement is attached hereto as Exhibit E. viii. Seller and Buyer shall execute an Assignment and Assumption Agreement, whereby Buyer shall assume and Seller shall assign that certain Farm Lease Agreement,as it relates to the+/- 40 acres of the Property, a true and correct copy of which is attached hereto as Exhibit F. ix. Seller shall cause to be recorded in the Real Property Records of Idaho, a Record of Survey and any other documentation necessary to memorialize the transfer and conveyance of the Property in accordance with Ada County Code Section 8-4A-19. (b) Prorations,Adjustments and Closing Costs. PURCHASE AND SALE AGREEMENT Page 3 of 45 i. Rents and real property taxes/assessments for the then current calendar year will be prorated as of the Closing Date. ii. Seller shall pay (1) (1/2) of Escrow Agent's escrow/closing fees; (2) the premium for the Title Policy; and (3) and recording fees for the deed. iii. Buyer will pay half(1/2) of Escrow Agent's escrow/closing fees. iv. All other expenses not specifically referenced in this Agreement and incurred by Seller or Buyer with respect to this transaction will be borne and paid exclusively by the party incurring the same without reimbursement. (c) Buyer's Closing Conditions. Buyer will not be obligated to close on the Property unless Seller is in material compliance with its obligations to Buyer under this Agreement as of the Closing Date and Seller's representations and warranties to Buyer under this Agreement are true and correct in all material respects as of Closing Date. If the foregoing conditions are not satisfied or waived by the Closing Date,then Seller will be in default of this Agreement(subject to notice and cure periods as provided in this Agreement). (d) Seller's Closing Conditions. Seller will not be obligated to close on the Property unless Buyer is in material compliance with its obligations to Seller under this Agreement as of the Closing Date and Buyer's representations and warranties to Seller under this Agreement are true and correct in all material respects as of Closing Date. If the foregoing conditions are not satisfied or waived by the Closing Date,then Buyer will be in default of this Agreement(subject to notice and cure periods as provided in this Agreement). (e) Possession. Buyer will have the right to exclusive possession of the Property as of the completion of the closing, subject to the Farm Lease. (f) Risk of Loss, Condemnation. Seller agrees to notify Buyer of eminent domain proceedings or any loss of or damage to the Property as soon as Seller has knowledge thereof. Risk of loss of or damage to the Property will be borne by Seller until the Closing Date. If the Property is materially damaged (i.e., damage where the cost to restore is greater than 20%of the Purchase Price) or becomes the subject of any material condemnation proceeding(i.e., more than 20%of the value of the Property is subject to condemnation),then Buyer may, at its option,terminate this Agreement with respect to the Property by giving notice thereof to Seller within twenty (20) days after Seller first notifies Buyer in writing of the damage or condemnation, and this Agreement will terminate with respect to the Property. 4. DEFAULT; REMEDIES. Neither party will be deemed to be in default under this Agreement unless the non-defaulting party first provides the defaulting party with a written notice of default(which notice will reasonably describe the alleged default) and a period of five (5) business days to cure the default. (a) Closing Default. In the event of a closing default by Seller, Buyer's sole and exclusive remedy shall be to file an action for specific performance within ninety (90) days of such closing default. In the event of a closing default by Buyer, Seller's sole and exclusive remedy shall be to terminate this Agreement. PURCHASE AND SALE AGREEMENT Page 4 of 45 (b) Other Defaults. Subject to the notice and cure provisions, if either party defaults in the performance of any of its material obligations under this Agreement other than the obligation to close, the non-defaulting party shall have such rights and remedies as are available at law or in equity. 5. PROPERTY REPRESENTATIONS,WARRANTIES AND COVENANTS (a) Property Sold As-Is. Except with respect to Seller's representations, warranties and covenants contained in this Agreement and the conveyance deed, Buyer will acquire and accept the Property in its then-existing condition on an "AS IS, WHERE IS,AND WITH ALL FAULTS" basis, and Buyer will not rely upon any representations or warranties made by Seller or its representatives or agents prior to the Effective Date concerning or with respect to the Property. (b) Seller's Representations and Warranties. Seller represents and warrants to Buyer that the statements in this Section 5(b) are correct in all material respects as of the Effective Date, and will be correct in all material respects as of the Closing Date, excluding any matters beyond Seller's control (and matters made, done or approved by Buyer). i. Authority. Seller, and the person(s) signing on behalf of Seller, have full power and authority to execute this Agreement and perform Seller's obligations hereunder, and any entity action necessary to authorize this transaction has been taken. ii. Title. Seller has fee simple title to the Property and the right to sell the Property that is free and clear of any matters that would prevent the sale of the Property as set forth in this Agreement. iii. No Insolvency. No proceedings under any bankruptcy or insolvency laws have been commenced by Seller (or to Seller's knowledge, against Seller). iv. No Litigation. To Seller's knowledge, there are no pending or threatened lawsuits involving Seller or the Property that may materially adversely affect Seller's ability to perform its obligations under this Agreement. V. No Violation. Seller has not received written notice the current use or condition of the Property is in violation of applicable law. vi. No Liens. All parties who have supplied or will supply labor, materials and equipment to the Property have been paid in full or will be paid in full at or before closing, and there are no claims of or threats of a lien of any type on the Property (whether or not perfected, other than inchoate mechanic's liens existing as a matter of law, but which shall be paid in full at or before closing). vii. Non-Foreign Person Status. Seller is not a "foreign person" under Section 1445(f) of the Internal Revenue Code of 1986, as amended, and is not subject to withholding under Idaho laws. Seller, and the owners of Seller, are not prohibited or restricted persons under any executive order. (c) Seller's Property Covenants. From the Effective Date to the Closing Date: (a) Seller will maintain the Property in a normal manner and consistent with Seller's current practices; (b) Seller will not PURCHASE AND SALE AGREEMENT Page 5 of 45 enter into any other new leases, occupancy agreements, contracts, amendments or agreements which will extend beyond the Closing Date without Buyer's prior written consent; and (c)Seller will not create any right, encumbrance or easement on the Property without Buyer's prior consent. (d) Buyer's Representations and Warranties. Buyer represents and warrants to Seller that the statements in this Section 5(d) are correct in all material respects as of the Effective Date, and will be correct in all material respects as of the Closing Date, excluding any matters beyond Buyer's control (and matters made, done or approved by Seller). i. Authority. Buyer, and the person(s) signing on behalf of Buyer, have full power and authority to execute this Agreement and perform Buyer's obligations hereunder, and any entity action necessary to authorize this transaction has been taken. ii. No Insolvency. No proceedings under any bankruptcy or insolvency laws have been commenced by Buyer (or to Buyer's knowledge, against Buyer). iii. No Litigation. To Buyer's knowledge, there are no pending or threatened lawsuits involving Buyer that may materially adversely affect Buyer's ability to perform its obligations under this Agreement. 6. NOTICES. All notices required or permitted to be given pursuant to this Agreement must be in writing and may be delivered by hand delivery, electronic mail or any other reasonable delivery method to the other party at the applicable addresses set forth on the Signature Page to this Agreement. Any notice delivered by other than hand delivery or electronic mail must also be concurrently sent to each receiving party by electronic mail (if an electronic mail address is provided for the recipient party). The addresses may be changed from time to time by written notice. Notices will be deemed received upon the earlier of actual receipt (regardless of the method of delivery) or the first attempted delivery if receipt is refused. 7. BROKERAGE. The RESPONSIBLE BROKER in this transaction is Mark Bottles, Designated Broker for Mark Bottles Real Estate Services, LLC. Selling N/A Listing Broker: Broker: Mark Bottles Real Estate Services Agent: Agent: Mark Bottles Address: Address: 839 S. Bridgeway Place Eagle, ID 83616 Phone: Phone: (208) 377-5700 Email: Email: mark@markbottles.com Except as expressly set forth above, the parties agree that no other broker or agent was the procuring cause of the transaction contemplated by this Agreement, and each of the parties represents and warrants to the other that it has not incurred and will not incur any liability for finder's or brokerage fees or commissions in connection with this Agreement. Buyer and Seller each agree to protect, defend, indemnify and hold harmless the other,their respective successors and assigns,from and against any and all obligations, costs, expenses, and liabilities including, without limitation, all reasonable attorneys' fees and court costs, arising out of or relating to any claim for finder's or brokerage fees or commissions or PURCHASE AND SALE AGREEMENT Page 6 of 45 other such compensation resulting from their respective dealings in connection with the transaction completed by this Agreement. Check one (1) box in Section 1 and one (1) box in Section 2 below to confirm that in this transaction, the brokerage(s) involved had the following relationship(s)with the Buyer and Seller, respectively: Section 1: ❑ A.The brokerage working with the Buyer(s) is acting as an AGENT for Buyer(s). ❑ B. The brokerage working with the Buyer(s) is acting as a LIMITED DUAL AGENT for Buyer(s), without an ASSIGNED AGENT. ❑ C. The brokerage working with the Buyer(s) is acting as a LIMITED DUAL AGENT for Buyer(s) and has an ASSIGNED AGENT acting solely on behalf of the Buyer(s). © D.The brokerage working with the Buyer(s) is acting as a NONAGENT for Buyer(s). Section 2: X❑ A.The brokerage working with Seller(s) is acting as an AGENT for Seller(s). ❑ B. The brokerage working with Seller(s) is acting as a LIMITED DUAL AGENT for Seller(s), without an ASSIGNED AGENT. ❑ C. The brokerage working with Seller(s) is acting as a LIMITED DUAL AGENT for Seller(s) and has an ASSIGNED AGENT acting solely on behalf of the Seller(s). ❑ D.The brokerage working with the Seller(s) is acting as a NONAGENT for Seller(s). Each party signing this Agreement confirms that such party has received, read and understood the Agency Disclosure Brochure adopted or approved by the Idaho Real Estate Commission, and has consented to the relationship confirmed above. In addition, each party confirms that the Selling/Listing Broker's agency office policy was made available for inspection and review. Each party understands that such party is a "Customer," and is not represented by a brokerage unless there is a signed written agreement for agency representation. 8. DONATION. Buyer and Seller acknowledge that the Purchase Price is less than the fair market value of the Property and was negotiated with the donative intent of assisting Buyer in developing a regional park. Under the Internal Revenue Code, Seller may be entitled to claim an income tax deduction for the difference between the fair market value of the Property and the discounted Purchase Price of the Property.Seller shall be solely responsible for determining whether Seller is entitled to said tax deduction. Buyer shall cooperate with Seller by providing reasonable supporting documentation as may be required by the Internal Revenue Service, including execution of an IRS Form 8283 upon completion of an appraisal of the Property as of the Closing Date. Notwithstanding anything herein to the contrary, Buyer's use and ownership of the Property shall not be restricted by Seller. Buyer shall retain full discretion regarding the use of the Property and ownership of the Property. 9. MISCELLANEOUS (a) Binding Effect. This Agreement will bind, and inure to the benefit of, the parties and their respective successors and assigns. Buyer will have the right to assign this Agreement without Seller's consent. PURCHASE AND SALE AGREEMENT Page 7 of 45 (b) Modifications. This Agreement cannot be changed orally, and no agreement will be effective to waive, change, modify or discharge it in whole or in part unless such agreement is in writing and is signed by the parties against whom enforcement of any such change is sought. (c) Time.Time is of the essence in every provision of this Agreement.The term "business day' means any day which is not a Saturday, Sunday or legal holiday in Idaho (i.e., Idaho Code § 73-108). If this Agreement specifies that a time period expires or that an action must be taken on a date which is not a business day, then the date will be deemed extended to the next succeeding day which is a business day, and any successive time periods will be deemed extended accordingly. (d) Construction. The words "including" will be construed to include "without limitation." Any term defined in the singular may be used in the plural, and vice versa. If any provision of this Agreement is declared invalid or is unenforceable for any reason, such provision will be deleted from this Agreement and it will not invalidate any other provision contained in this Agreement. All exhibits hereto are incorporated herein. (e) No Merger; Survival. The terms of this Agreement will not merge into closing or with the conveyance deed(s)for the Property, but will instead survive closing or termination (except as may be otherwise provided in this Agreement). (f) Governing Law.This Agreement will be construed and interpreted in accordance with, and will be governed by,the laws of the State of Idaho. (g) Attorneys' Fees. In the event that either party files any action to interpret or enforce this Agreement, the prevailing party in the action will be entitled to attorneys' fees and litigation expenses. (h) Execution; Counterparts. This Agreement may be executed electronically (e.g., DocuSign or equivalent) or in counterparty,which counterparts may also be delivered by.pdf.All counterparts will constitute one contract, binding on all parties, even though all parties are not signatory to the same counterpart, or the signatures are not original signatures to the same agreement. (i) Tax Deferred Exchange. Buyer and Seller acknowledge that either party may wish to structure this transaction as a tax deferred exchange of like-kind property within the meaning of Section 1031 of the Internal Revenue Code. Each party agrees to reasonably cooperate with the other party to effect such an exchange; provided, however,that(i)the cooperating party shall not be required to acquire or take title to any exchange property, (ii) the cooperating party shall not be required to incur any expenses or liability whatsoever in connection with the exchange, (iii) no substitution of the effectuating party shall release said party from any of its obligations, warranties or representations set forth in this Agreement or from liability for any prior or subsequent default under this Agreement by the effectuating party, its successors or assigns, and (iv)the effectuating party shall give the cooperating party at least five (5) business days prior notice of the proposed changes required to effect such exchange and the identity of any party to be substituted in the escrow. [ End of text;Signature page follows] PURCHASE AND SALE AGREEMENT Page 8 of 45 SIGNATURE PAGE Effective Date: The "Effective Date" will mean the date of execution (and delivery of the fully executed Agreement to the first party to sign) by the last party to sign this Agreement. DATED effective as of the Effective Date. "Buyer" City of Meridian, an Idaho municipal corporation By: Name: Robert E. Simison Title: Mayo4-15-2025 Date: ATTEST: By: Name: Chris Johnson, City Clerk Date: 4-15-2025 Email address for notices: ciohnson@meridiancity.org; cityattorney@meridiancity.org "Seller" Owyhee Holdings, LLC By: Idaho Holdings, LLC Its: Manager By: Name: Mark Bottles Title: Manager Date: Email address for notices: mark@markbottles.com; emily@markbottles.com [ ] Seller holds an Idaho Real Estate License [X] Seller is related to Broker PURCHASE AND SALE AGREEMENT Page 9 of 45 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY A parcel of land situated in a portion of the East 1/2 of the Northwest 1/4 and a portion of the West 1f 2 of the Northeast 114 all in Section 31,Township 4 North,Range 1 West,B,M,,Ada County,Idaho and being more particularly described as follows: Commencing at an aluminum cap marking the northwest corner of said Section 31,which bears N00°41'26"E a distance of 2,648.22 feet from an aluminum cap marking the west 1/4 corner of said Section 31,thence following the westerly line of said Government Lot 1,S00'41'26"W a distance of 114.94 feet to a point on the southerly right-of-way line of the Five Mile drain; Thence leaving said westerly line and following said southerly right-of-way line the following five(5) courses: 1. S81°40'25"E a distance of 105.22 feet to a 5/8-inch rebar; 2. S81°01'15"E a distance of 66.90 feet to a 5/8-inch rebar; 3. 565°03'47"E a distance of 1,107.27 feet to a 5/6-inch rebar; 4. 173.51 feet along the arc of a curve to the left,said curve having a radius of 480.00 feet,a delta angle of 20°42'42",a chord bearing of S75"25'08"E and a chord distance of 172.57 feet to a 518- inch rebar; 5. S8546'29"E a distance of 542.57 feet to a 5/8-inch rebar and being the POINT OF BEGINNING. Thence following said southerly right-of-way line the following four(4)courses: 1. S85°46'29"E a distance of 605.81 feet to a 5/8-inch rebar; 2. 47.39 feet along the arc of a curve to the right,said curve having a radius of 70.00 feet,a delta angle of 3847'14",a chord bearing of 566°22'51"E and a chord distance of46.49 feet to a 5/8- inch rebar; 3. 546"59'14"E a distance of 1,160.79 feet; 4. S60'37'31"E a distance of 61.74 feet to the westerly line of the"Intermountain Gas Parcel"as shown on Record of Survey No.8172{Instrument Na.107169827,records of Ada County, Idahob Thence leaving said southerly right-of-way line and following the westerly lines of the"Intermountain Gas Parcel"and the"Williams Parcel"as shown on said Record of Survey,S00"05'41"W a distance of 337.59 feet to a 1/2-inch rebar; Thence leaving said westerly lines and following the southwesterly line of said"W11liams Parcel", 537"40'24"E a distance of 102.36 feet to a 5/84nch rebar on the northerly right-of-way line of Phyllis Canal{said right-of-way line is 50-ft north of the Phyllis Canal centerline]; Thence leaving said southwesterly line and following said northerly right-of-way line the following three (3)courses: 1. 559.78 feet along the arc of a curve to the right,said curve having a radius of 655.59 feet,a delta angle of 48455'21",a chord bearing of S51°52'35"W and a chord distance of 542.93 feet to a 5/8-inch rebar; 2. 577°46'13"W a distance of 71.28 feet to a 5/8-inch rebar; 3. S82°33'29"W a distance of 272.83 feet to a 5/8-inch rebar; Thence leaving said northerly right-of-way line, 124.23 feet along the arc of a curve to the lett,said curve having a radius of 566.50 feet,a delta angle of 12"33'S3",a chord hearing of N42"52'45"W and a chord distance of 123.99 feet to a 5/8-inch rebar; Thence N49°09'42"W a distance of 584.13 feet; Thence N10°08'24"1"a distance of 240.00 feet; Thence N85'05'08"W a distance of 259.62 feet; Thence 359.26 feet along the are of a curve to the right,said curve having a radius of 600.00 feet,a delta angle of 34`18'25",a chord bearing of N16'58'13"W and a chord distance of 353.92 feet to a 5/8-inch rebar; Thence N00°10'59"E a distance of 619.79 feet to the POINT 4F BEGINNING. Said parcel contains a total of 39.911 acres, more or Jess. PURCHASE AND SALE AGREEMENT Page 10 of 45 EXHIBIT B South Collector Road Easement Agreement When Recorded Return To: SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY SOUTH COLLECTOR ROAD EASEMENT AGREEMENT THIS SOUTH COLLECTOR ROAD EASEMENT AGREEMENT(this"Agreement")is made and entered as of _,2025 (the"Effective Date"), by and between Owyhee Holdings,LLC, an Idaho limited liability company("Owyhee"),and the City of Meridian,an Idaho municipal corporation(the "City"). Owyhee and the City may each be referred to individually as a "Party" and collectively as the "Parties." RECITALS A. Owyhee owns that certain approximately 48-acre parcel of real property located in Ada County,Idaho,legally described in Exhibit A,and depicted on Exhibit C,attached hereto and incorporated herein (the "Owyhee Property"). Owyhee also owns that approximately 33-acre parcel of real property northeast of the Owyhee Property, which is approximately depicted on Exhibit C (the "McMillan Property"). B. Prior to the execution of this Agreement,Owyhee sold to the City,and the City now owns, that certain approximately 40.8-acre parcel of real property located in Ada County,Idaho,which is adjacent and to the east of the Owyhee Property, legally described in Exhibit B, and approximately depicted on Exhibit C, attached hereto and incorporated herein (the "City Property"). The City intends to develop a regional park on the City Property. C. A collector road is planned to be constructed on the McMillan Property, the Owyhee Property, and the City Property, which collector road shall run from McMillan Road on the north to approximately the southern boundary of the Owyhee Property on the south(the"Collector Road"). D. Owyhee and the City each desire to grant to the other Party an easement and right-of-way over each Party's respective property for the purpose of accessing, establishing, locating, and constructing a portion of the Collector Road running from Five Mile Creek on the north to approximately the southern boundary of the Owyhee Property on the south,which shall have as its center line the boundary line between the City Property and the Owyhee Property (the "South Collector Road"), and such additional roadway improvements as may be required by the Ada County Highway District ("ACHD") or any other governmental entity having jurisdiction over the Collector Road(the"Additional Improvements"),on the terms and conditions provided herein. Owyhee and the City have entered into a separate North Collector Road Easement Agreement of even day herewith for the construction of that portion of the Collector Road PURCHASE AND SALE AGREEMENT Page 11 of 45 that will run from McMillan Road on the north to Five Mile Creek on the south (the "North Collector Road"),on the terms and conditions contained therein. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Grant of Easement. a. Owyhee hereby grants to the City a nonexclusive easement and right-of-way over, under,on, and in that portion of the Owyhee Property approximately depicted on Exhibit C that comprises half of the width of the South Collector Road and an additional twenty (20) feet to the west thereof(the "Owyhee Easement Area"), so that the City and its representatives, employees, agents, and contractors may locate, establish, construct, and access the South Collector Road and the Additional Improvements (the"Owyhee Easement"). b. The City hereby grants to Owyhee a nonexclusive easement and right-of-way over, under,on, and in that portion of the City Property approximately depicted on Exhibit C that comprises half of the width of the South Collector Road and an additional twenty(20) feet to the east thereof(the "City Easement Area" and, with the Owyhee Easement Area, the "Easement Areas"), so that Owyhee and its representatives, employees, agents, and contractors may locate, establish, construct, and access the South Collector Road and the Additional Improvements (the"City Easement" and,with the Owyhee Easement, the"Easements"). c. In furtherance of the foregoing permitted use,the City and Owyhee shall each have the right to enter upon their respective Easement Areas to conduct activities permitted by the Easements, and (ii)to trim or remove bushes,trees,undergrowth,and other obstructions located in the Easement Areas,but only to the extent necessary to exercise that Party's rights hereunder, provided, however, each Party will use reasonable efforts to limit damage to mature trees and other major landscaping in and around the Easement Areas.Upon commencement of the activities permitted by the Easements in the Easement Areas, each Party will diligently perform such activities until completion thereof.Upon completion of each Party's activities,such Party will diligently restore any damage to the affected areas such that they are substantially returned to their prior condition (including the repair and replacement of ordinary landscaping, paving, irrigation sprinklers, and similar features in the Easement Areas). 2. Granting Party's Use of Easement Areas. Owyhee may use the Owyhee Easement Area and the City may use the City Easement Area for any purpose or purposes provided that such use does not materially or unreasonably interfere with the Easements. 3. Design and Construction of the South Collector Road and Additional Improvements. At such time as either Owyhee develops the Owyhee Property or the City develops the City Property, whichever occurs first, such developing property owner (the "Developing Party"), may, at its own cost and expense, establish, locate, design, and construct all or a portion of the South Collector Road and the Additional Improvements on the Developing Party's respective property and Easement Area. The design of the South Collector Road and Additional Improvements shall be done (a)by an Idaho licensed engineer and(b)in accordance with(i)all ACHD requirements,(ii)all applicable federal,state,and local laws,rules, regulations, ordinances, and building codes, and(iii)all covenants, conditions,restrictions, and easements of record. PURCHASE AND SALE AGREEMENT Page 12 of 45 4. Dedication. Upon completion of the construction of the South Collector Road and any Additional Improvements, the Parties agree that the Developing Party shall dedicate the South Collector Road and any Additional Improvements to ACHD,which shall thereafter be responsible for all operation, maintenance,repair,and replacement activities and costs associated with the South Collector Road and the Additional Improvements. If required, the non-developing Party shall, along with the Developing Party, dedicate the South Collector Road and any Additional Improvements to ACHD. 5. Duration; Binding Effect. a. The Easements shall automatically terminate upon dedication of the South Collector Road and any Additional Improvements to ACHD. Upon termination of the Easements, the Parties shall record a duly executed and notarized instrument in the real property records of Ada County, Idaho, terminating the Easements and this Agreement and,upon such recording,the Parties shall be relieved of all obligations hereunder. b. Unless and until terminated as provided herein,the rights and interests granted in this Agreement shall be appurtenant to and run with the lands described herein as the Owyhee Easement Area, the City Easement Area, the Owyhee Property, and the City Property, shall automatically pass with the titles to the Owyhee Easement Area,the City Easement Area,the Owyhee Property, and the City Property, and shall not be separated from the title to the Owyhee Easement Area,the City Easement Area,the Owyhee Property, and the City Property. 6. Rights of Others. The Easements are subject to matters of record and matters appearing on the Owyhee Easement Area and the City Easement Area as of the Effective Date,including the easement rights of others,if any.The Parties may grant future rights over the Easement Areas to others provided that such rights are subject to this Agreement and the exercise of such rights does not interfere with the continuing operation of the South Collector Road or any Additional Improvements, interfere with the dedication of the South Collector Road and any Additional Improvements to ACHD, or otherwise unreasonably interfere with the exercise of the Parties' rights under the this Agreement. 7. Indemnification. Each Party (an "Indemnifying Party") hereby releases, indemnifies, defends, and holds the other Party and that Party's employees, agents, representatives, successors, and assigns harmless from any claims, liability, losses,costs,charges, debts,obligations,demands,or expenses (including reasonable attorneys' fees and litigation expenses) arising out of or resulting from the Indemnifying Party's use of the Easements,but only to the extent that such matters do not result from the negligence or intentional misconduct of the other Party or the other Party's employees, agents, or representatives. 8. Recordation. This Agreement shall be recorded in the real property records of Ada County,Idaho. 9. Not a Public Dedication. Nothing herein contained shall be deemed to be a grant or dedication of any portion of the lands identified herein to the general public, it being the intention of the Parties that this Agreement and the easements granted herein shall be strictly limited to and for the purposes herein expressed. 10. Attorneys' Fees. If any controversy, claim, or action is filed or instituted to enforce the terms and conditions of this Agreement or arises from the breach of any provision hereof, the prevailing Party shall be entitled to receive from the other Party all costs,damages,and expenses,including reasonable attorneys' fees,incurred by the prevailing Party. PURCHASE AND SALE AGREEMENT Page 13 of 45 11. Notice. All notices required hereunder shall be given in writing and shall be deemed properly served or delivered to the Parties at the addresses set forth below or at other such addresses as may be specified from time to time: (a)if delivered in person,or by facsimile transmission with confirmation of receipt; (b) upon deposit for overnight delivery with any reputable overnight courier service, delivery confirmation requested; (c) if sent via the U.S. Postal Service, registered or certified mail, five (5) days after being deposited with sufficient postage; or(d)by sending of electronic mail. 12. General. This Agreement is the entire agreement between the Parties with respect to the matters covered hereby and supersedes all prior agreements between them,written or oral. All Recitals and Exhibits to this Agreement are hereby incorporated by reference as if set forth herein.The Parties agree that the facts set forth in the Recitals above are true and correct. However, in the event of a conflict between such Recitals and the terms of this Agreement,the terms of this Agreement shall control. Any reference to "including" will be construed to include "but not limited to." This Agreement may be executed in counterparts, each of which is deemed an original but all of which constitute one and the same instrument; the signature pages may be detached from each counterpart and combined into one instrument. Except for a termination as provided in Section 5,this Agreement may be amended only by written agreement executed by both Parties.No waiver of any right or remedy in the event of default hereunder shall constitute a waiver of such right or remedy in the event of any subsequent default. The laws of the State of Idaho shall govern this Agreement. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. The headings of the several sections contained herein are for convenience only and do not explain, define, limit, amplify, or aid in the interpretation, construction, or meaning of the provisions of this Agreement. [SIGNATURE PAGES AND EXHIBITS TO APPEAR IN FINAL DOCUMENT] PURCHASE AND SALE AGREEMENT Page 14 of 45 EXHIBIT C NORTH COLLECTOR ROAD EASEMENT AGREEMENT When Recorded Return To: SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY NORTH COLLECTOR ROAD EASEMENT AGREEMENT THIS NORTH COLLECTOR ROAD EASEMENT AGREEMENT (this "Agreement") is made and entered as of _, 2025 (the"Effective Date"), by and between Owyhee Holdings, LLC, an Idaho limited liability company ("Owyhee"), and the City of Meridian, an Idaho municipal corporation (the "City"). Owyhee and the City may each be referred to individually as a "Party" and collectively as the"Parties." RECITALS E. Owyhee owns that certain approximately 33-acre parcel of real property located in Ada County,Idaho,legally described in Exhibit A,and depicted on Exhibit C,attached hereto and incorporated herein (the "Owyhee Property"). Owyhee also owns that approximately 48-acre parcel of real property southwest of the Owyhee Property, which is approximately depicted on Exhibit C (the "Can Ada Property"). F. Prior to the execution of this Agreement,Owyhee sold to the City,and the City now owns, that certain approximately 40.8-acre parcel of real property located in Ada County,Idaho,which is adjacent and to the south of the Owyhee Property, legally described in Exhibit B, and approximately depicted on Exhibit C, attached hereto and incorporated herein (the "City Property"). The City intends to develop a regional park on the City Property. G. A collector road is planned to be constructed on the Owyhee Property, the Can Ada Property, and the City Property, which collector road shall run from McMillan Road on the north to approximately the southern boundary of the Owyhee Property on the south(the"Collector Road"). H. Owyhee desires to grant to the City an easement and right-of-way over the Owyhee Property for the purpose of accessing, establishing, locating, and constructing a portion of the Collector Road running from McMillan Road on the north to Five Mile Creek on the south, which shall be located along the western boundary of the Owyhee Property(the"North Collector Road")and(1)such additional roadway improvements as may be required by the Ada County Highway District ("ACHD") or any other governmental entity having jurisdiction over the North Collector Road and(2)sewer facilities,utilities,and other such improvements (collectively, the "Additional Improvements"), on the terms and conditions provided herein. Owyhee and the City have entered into a separate South Collector Road Easement Agreement of even day herewith for the construction of that portion of the Collector Road that will run PURCHASE AND SALE AGREEMENT Page 15 of 45 from Five Mile Creek on the north to approximately the southern boundary of the Can Ada Property on the south(the"South Collector Road"), on the terms and conditions contained therein. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 13. Grant of Easement. a. Owyhee hereby grants to the City a nonexclusive easement and right-of-way over, under,on, and in that portion of the Owyhee Property approximately depicted on Exhibit C that comprises the entire width of the North Collector Road and an additional twenty (20) feet on each side thereof(the "Easement Area"),so that the City and its representatives,employees,agents,and contractors may locate, establish, construct, and access the North Collector Road and the Additional Improvements (the "Easement"). b. In furtherance of the foregoing permitted use,the City shall have the right to enter upon the Easement Area to conduct activities permitted by the Easement,and(ii)to trim or remove bushes,trees, undergrowth, and other obstructions located in the Easement Area, but only to the extent necessary to exercise the City's rights hereunder,provided,however,the City will use reasonable efforts to limit damage to mature trees and other major landscaping in and around the Easement Area.Upon commencement of the activities permitted by the Easement in the Easement Area,the City will diligently perform such activities until completion thereof. Upon completion of the City's activities, the City will diligently restore any damage to the affected areas such that they are substantially returned to their prior condition(including the repair and replacement of ordinary landscaping, paving, irrigation sprinklers, and similar features in the Easement Area). 14. Owyhee's Use of Easement Areas. Owyhee may use the Easement Area for any purpose or purposes provided that such use does not materially or unreasonably interfere with the Easement. 15. Design and Construction of the North Collector Road and Additional Improvements. Either the City or Owyhee(the"Developing Party")may, at that Party's option, establish, locate, design, and construct all or part of the North Collector Road and any associated Additional Improvements on the Easement Area. The design of the North Collector Road and Additional Improvements shall be done(a)by an Idaho licensed engineer and(b)in accordance with(i)all ACHD requirements,(ii)all applicable federal, state, and local laws, rules,regulations, ordinances,and building codes, and(iii)all covenants, conditions, restrictions, and easements of record. 16. Dedication. Upon completion of the construction of the North Collector Road and any Additional Improvements, the Parties agree that the Developing Party shall dedicate the North Collector Road and any Additional Improvements to ACHD,which shall thereafter be responsible for all operation, maintenance,repair,and replacement activities and costs associated with the North Collector Road and the Additional Improvements. If required, the non-developing Party shall, along with the Developing Party, dedicate the North Collector Road and any Additional Improvements to ACHD. 17. Duration; Binding Effect. a. The Easement shall automatically terminate upon dedication of the North Collector Road and any Additional Improvements to ACHD.Upon termination of the Easement,the City shall record PURCHASE AND SALE AGREEMENT Page 16 of 45 a duly executed and notarized instrument in the real property records of Ada County, Idaho, terminating the Easement and this Agreement and,upon such recording,the Parties shall be relieved of all obligations hereunder. b. Unless and until terminated as provided herein,the rights and interests granted in this Agreement shall be appurtenant to and run with the lands described herein as the Easement Area and the City Property, shall automatically pass with the titles to the Easement Area and the City Property,and shall not be separated from the title to the Easement Area and the City Property. 18. Rights of Others. The Easement is subject to matters of record and matters appearing on the Easement Area as of the Effective Date, including the easement rights of others, if any. Owyhee may grant future rights over the Easement Area to others provided that such rights are subject to this Agreement and the exercise of such rights does not interfere with the continuing operation of the North Collector Road or any Additional Improvements, interfere with the dedication of the North Collector Road and any Additional Improvements to ACHD, or otherwise unreasonably interfere with the exercise of the City's rights under the this Agreement. 19. Indemnification. The City hereby releases, indemnifies, defends, and holds Owyhee and that Owyhee's employees, agents, representatives, successors, and assigns harmless from any claims, liability, losses, costs, charges, debts, obligations, demands, or expenses (including reasonable attorneys' fees and litigation expenses)arising out of or resulting from the City's use of the Easement,but only to the extent that such matters do not result from the negligence or intentional misconduct of Owyhee or Owyhee's employees, agents, or representatives. 20. Recordation. This Agreement shall be recorded in the real property records of Ada County,Idaho. 21. Not a Public Dedication. Nothing herein contained shall be deemed to be a grant or dedication of any portion of the lands identified herein to the general public, it being the intention of the Parties that this Agreement and the easements granted herein shall be strictly limited to and for the purposes herein expressed. 22. Attorneys' Fees. If any controversy, claim, or action is filed or instituted to enforce the terms and conditions of this Agreement or arises from the breach of any provision hereof, the prevailing Party shall be entitled to receive from the other Party all costs,damages,and expenses,including reasonable attorneys' fees,incurred by the prevailing Party. 23. Notice. All notices required hereunder shall be given in writing and shall be deemed properly served or delivered to the Parties at the addresses set forth below or at other such addresses as may be specified from time to time: (a)if delivered in person, or by facsimile transmission with confirmation of receipt; (b) upon deposit for overnight delivery with any reputable overnight courier service, delivery confirmation requested; (c) if sent via the U.S. Postal Service, registered or certified mail, five (5) days after being deposited with sufficient postage; or(d)by sending of electronic mail. 24. General. This Agreement is the entire agreement between the Parties with respect to the matters covered hereby and supersedes all prior agreements between them,written or oral. All Recitals and Exhibits to this Agreement are hereby incorporated by reference as if set forth herein. The Parties agree that the facts set forth in the Recitals above are true and correct. However, in the event of a conflict between such Recitals and the terms of this Agreement,the terms of this Agreement shall control. Any reference to "including" will be construed to include "but not limited to." This Agreement may be executed in counterparts, each of which is deemed an original but all of which constitute one and the same instrument; PURCHASE AND SALE AGREEMENT Page 17 of 45 the signature pages may be detached from each counterpart and combined into one instrument. Except for a termination as provided in Section 5,this Agreement may be amended only by written agreement executed by both Parties.No waiver of any right or remedy in the event of default hereunder shall constitute a waiver of such right or remedy in the event of any subsequent default. The laws of the State of Idaho shall govern this Agreement. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. The headings of the several sections contained herein are for convenience only and do not explain, define, limit, amplify, or aid in the interpretation, construction, or meaning of the provisions of this Agreement. [SIGNATURE PAGES AND EXHIBITS TO APPEAR IN FINAL DOCUMENT] PURCHASE AND SALE AGREEMENT Page 18 of 45 EXHIBIT D Sewer and Temporary Access Easement When Recorded Return To: SPACE ABOVE THIS LINE FOR RECORDER'S USE ONLY SEWER AND TEMPORARY ACCESS EASEMENT AGREEMENT THIS SEWER AND TEMPORARY ACCESS EASEMENT AGREEMENT (this "Agreement") is made and entered as of _, 2025 (the "Effective Date"), by and between Owyhee Holdings,LLC,an Idaho limited liability company("Owyhee"),and the City of Meridian,an Idaho municipal corporation (the "City"). Owyhee and the City may each be referred to individually as a "Party" and collectively as the"Parties." RECITALS I. Owyhee owns that certain approximately 47.8-acre parcel of real property located in Ada County,Idaho, legally described in Exhibit A,and depicted on Exhibit C,attached hereto and incorporated herein(the"Owyhee Property"). J. Prior to the execution of this Agreement,Owyhee sold to the City,and the City now owns, that certain approximately 40.2-acre parcel of real property located in Ada County,Idaho,which is adjacent and to the east of the Owyhee Property and legally described in Exhibit B, and depicted on Exhibit C, attached hereto and incorporated herein(the"City Property").The City intends to develop a regional park on the City Property. K. Owyhee desires to grant to the City (1) an easement and right-of-way over the Owyhee Property for the purpose of locating, establishing, constructing, using, accessing, operating, maintaining, repairing, and replacing a sewer line and related sub-surface equipment and facilities associated therewith, and(2) a temporary easement and right-of-way over the Owyhee Property for the purpose of accessing the City Property for agricultural and emergency purposes, pursuant to the terms and conditions provided herein. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 25. Grant of Easement. PURCHASE AND SALE AGREEMENT Page 19 of 45 a. Owyhee hereby grants to the City a nonexclusive easement and right-of-way over, under, on, and in that portion of the Owyhee Property approximately depicted on Exhibit C (the "Sewer Easement Area"), so that the City and its representatives, employees, agents, and contractors may locate, establish, construct, access,use, operate,maintain,repair, and replace a sewer line and related sub-surface equipment and facilities(collectively,the"Sewer Line")serving the City Property and connecting the City Property to that certain lift station located in the northwest corner of the Owyhee Property (the "Sewer Easement"). The Sewer Easement shall be twenty (20) feet wide or of such other dimensions as is reasonably necessary for the City to locate, establish, construct, access,use, operate, maintain,repair, and replace the Sewer Line. b. Owyhee hereby grants to the City a temporary, 20-foot-wide, nonexclusive easement and right-of-way on, over, through, and across that portion of the Owyhee Property generally depicted on Exhibit C (the "Access Easement Area" and, together with the Sewer Easement Area, the "Easement Areas"), for the purpose of vehicular ingress and egress to and from the City Property for agricultural and emergency purposes on the City Property(the"Access Easement"and,together with the Sewer Easement, the"Easements"). c. In furtherance of the foregoing permitted use, the City shall have the right to (i) enter upon the Easement Areas to conduct activities permitted by the Easements, and (ii) to trim or remove bushes, trees, undergrowth, and other obstructions located in the Easement Areas, but only to the extent necessary to exercise the City's rights hereunder,provided,however,the City will use reasonable efforts to limit damage to mature trees and other major landscaping in and around the Easement Areas. Upon commencement of maintenance, repair, or construction activities in the Easement Areas, the City will diligently perform the activities until completion thereof. Upon completion of the activities, the City will diligently restore any damage to the affected areas such that they are substantially returned to their prior condition(including the repair and replacement of ordinary landscaping,paving, irrigation sprinklers, and similar features in the Easement Areas). 26. Owyhee's Use of Easement Areas. Owyhee may use the Easement Areas for any purpose or purposes provided that such use does not materially or unreasonably interfere with the Easements. 27. Operation and Maintenance; Costs. The City, at its sole cost and expense, shall be responsible for all construction, installation, access, use, operation, maintenance, repair, and replacement activities and costs associated with the Easements. The City and its representatives, employees, agents, tenants,and contractors shall comply with all laws, statutes,rules,and regulations pertaining to any and all construction,installation,access,use,operation,maintenance,repair,and replacement activities undertaken in the Easement Areas. 28. Duration; Binding Effect. a. The Sewer Easement shall terminate if,prior to the installation of the Sewer Line, (i) the City connects the City Property to sewer facilities located in the area marked "Alternate Sewer" on Exhibit C or (ii) reasonable access to sewer facilities for the City Property are otherwise provided to the City, including from elsewhere on the Owyhee Property. The Sewer Easement will become permanent if and when the City installs the Sewer Line in the Sewer Easement Area. b. The City agrees to terminate the Sewer Easement if the City abandons the Sewer Line, which is defined as the City's cessation of any use of the Sewer Line for its intended purpose and the City's failure to maintain the Sewer Line for a continuous period of five (5)years or longer. If Owyhee believes that the City has abandoned or intends to abandon the Sewer Line,then Owyhee may request that the City terminate the Sewer Easement, and the City agrees to so terminate the Sewer Easement of record as PURCHASE AND SALE AGREEMENT Page 20 of 45 provided herein with reasonable promptness unless the City resumes use of the Sewer Line for its intended purpose within one(1)year of the City's receipt of Owyhee's abandonment notice. c. The Access Easement shall terminate upon the first to occur of(i) the collector road between the Owyhee Property and the City Property is built and dedicated to the Ada County Highway District or(ii)Owyhee provides alternate reasonable,legal access from the City Property to Can Ada Road across the Owyhee Property. d. Notwithstanding the foregoing, the Easements may be terminated by the City at any time by recording a duly executed and notarized instrument in the real property records of Ada County, Idaho. e. Upon termination of the Sewer Easement,the Access Easement,or both,the City shall record a duly executed and notarized instrument in the real property records of Ada County, Idaho, terminating the Sewer Easement,the Access Easement,or both, and,upon such recording,the Parties shall be relieved of all obligations hereunder. If and when both Easements are terminated of record as provided herein, this Agreement shall be automatically terminated with no need for further recording of any instrument in the real property records of Ada County,Idaho. £ Unless terminated as provided herein,the rights and interests granted in this Agreement shall be appurtenant to and run with the lands described herein as the Sewer Easement Area, the Access Easement Area, and the City Property, shall automatically pass with the titles to the Sewer Easement Area, the Access Easement Area, and the City Property, and shall not be separated from the title to the Sewer Easement Area,the Access Easement Area, and the City Property. 29. Odor Mitigation Covenant.The City covenants that it will design,construct,and operate the Sewer Line in accordance with then-current best practices for the mitigation and management of odor and odor-causing conditions. If Owyhee notifies the City that the Sewer Line is producing odors that Owyhee reasonably finds objectionable, then the City will take commercially reasonable measures in accordance with then-current best practices to mitigate the objectionable orders. 30. Dedication.Upon completion of the construction of the Sewer Line in the Sewer Easement Area, the Parties agree that the Sewer Line shall be owned by the City of Meridian and that the City of Meridian's Public Works Department shall be responsible for all operation, maintenance, repair, and replacement activities and costs associated with the Sewer Line. 31. Rights of Others. The Easements are subject to matters of record and matters appearing on the Easement Areas as of the Effective Date, including the easement rights of others, if any. Owyhee may grant future rights over the Easement Areas to others provided that such rights are subject to this Agreement and the exercise of such rights does not interfere with the continuing operation of the Sewer Line or the City's access as provided herein, or otherwise unreasonably interfere with the exercise of the City's rights under this Agreement. 32. Indemnification. The City hereby agrees to release, indemnify, defend, and hold Owyhee and Owyhee's employees, agents, representatives, successors, and assigns harmless from any claims, liability, losses, costs, charges, debts, obligations, demands, or expenses (including reasonable attorneys' fees and litigation expenses)arising out of or resulting from the City's use of the Easements and Easement Areas,but only to the extent that such matters do not result from the negligence or intentional misconduct of Owyhee or its employees, agents,or representatives. PURCHASE AND SALE AGREEMENT Page 21 of 45 33. Recordation. This Agreement shall be recorded in the real property records of Ada County, Idaho. 34. Not a Public Dedication. Nothing herein contained shall be deemed to be a grant or dedication of any portion of the lands identified herein to the general public, it being the intention of the Parties that this Agreement and the easements granted herein shall be strictly limited to and for the purposes herein expressed. 35. Attorneys' Fees. If any controversy, claim, or action is filed or instituted to enforce the terms and conditions of this Agreement or arises from the breach of any provision hereof, the prevailing Party shall be entitled to receive from the other Party all costs,damages,and expenses,including reasonable attorneys' fees,incurred by the prevailing Party. 36. Notice. All notices required hereunder shall be given in writing and shall be deemed properly served or delivered to the Parties at the addresses set forth below or at other such addresses as may be specified from time to time: (a)if delivered in person,or by facsimile transmission with confirmation of receipt; (b) upon deposit for overnight delivery with any reputable overnight courier service, delivery confirmation requested; (c) if sent via the U.S. Postal Service, registered or certified mail, five (5) days after being deposited with sufficient postage; or(d)by sending of electronic mail. 37. General. This Agreement is the entire agreement between the Parties with respect to the matters covered hereby and supersedes all prior agreements between them,written or oral. All Recitals and Exhibits to this Agreement are hereby incorporated by reference as if set forth herein.The Parties agree that the facts set forth in the Recitals above are true and correct. However, in the event of a conflict between such Recitals and the terms of this Agreement,the terms of this Agreement shall control. Any reference to "including" will be construed to include "but not limited to." This Agreement may be executed in counterparts, each of which is deemed an original but all of which constitute one and the same instrument; the signature pages may be detached from each counterpart and combined into one instrument. Except for a termination as provided in Section 4,this Agreement may be amended only by written agreement executed by both Parties.No waiver of any right or remedy in the event of default hereunder shall constitute a waiver of such right or remedy in the event of any subsequent default. The laws of the State of Idaho shall govern this Agreement. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. The headings of the several sections contained herein are for convenience only and do not explain, define, limit, amplify, or aid in the interpretation, construction, or meaning of the provisions of this Agreement. [SIGNATURE PAGES AND EXHIBITS TO APPEAR IN FINAL DOCUMENT] PURCHASE AND SALE AGREEMENT Page 22 of 45 EXHIBIT E Intermountain Gas Co. Purchase and Sale Agreement CM REAL ESTATE PURCHASE AND SALE AGREEMENT THIS REAL ESTATE PURCHASE AND SALE AGREEMENT(this"Agreement")is entered into as of the Effective Date by and between Buyer and Seller. In consideration of the mutual promises set forth in this Agreement,Seller hereby agrees to sell, and Buyer hereby agrees to purchase,the Property subject to the terms set forth herein. 10. BASIC AGREEMENT TERMS h. "Effective Date" The later date of the dates that both Buyer and Seller have executed this Agreement as set forth on the Signature Page of this Agreement. i. "Buyer" Owyhee Holdings, LLC and/or Assigns j. "Seller" Intermountain Gas Company. k. "Property" That certain real property commonly known as +/- 39,616 SF Acres at TBD Can Ada Road,Ada County, ID graphically depicted and legally described on Exhibit A, attached hereto. The Property includes all right, title, and interest in the Property including all improvements and fixtures thereon,all appurtenances related thereto and all water and water rights, ditch and ditch rights appurtenant thereto. I. "Purchase Price" One Hundred Sixty Eight Thousand Six Hundred Eighty Four No/100 Dollars ($168,684.00). m. "Closing Date" April 10, 2025. Buyer shall have two (2) options to extend closing by one month per extension. First American Title Insurance Company,2150 Bonito Way,Suite 100 n. "Escrow Agent" Meridian, Idaho 83642;Attn:Tami DeJournett Albert, Escrow Officer Email: tdalbert@firstam.com PURCHASE AND SALE AGREEMENT Page 23 of 45 That certain +/-.106-acre tract of real property owned by Owyhee o. "Triangle Parcel" Holdings, LLC legally described and depicted on Exhibit B attached hereto. 11. DUE DILIGENCE (a) Property Inspections. From the Effective Date through the closing of the transaction contemplated by this Agreement(the "Closing"), Seller will allow Buyer and Buyer's surveyors,engineers, agents and representatives to have reasonable access to the Property. Buyer must coordinate all access with Seller in advance. Buyer will, at its sole expense, promptly restore any physical damage that results from any inspections conducted by or on behalf of Buyer, however, Buyer shall have no obligation to restore any damage resulting from a pre-existing condition on the Property. All inspections will be conducted at Buyer's sole expense and in accordance with all requirements of applicable law. Buyer will keep the Property free from any liens arising out of any activity by or on behalf of Buyer with respect to the Property. If such a lien is filed, then Buyer will cause the same to be promptly discharged of record. (b) Title Matters. IF desired by Buyer, Buyer may order a commitment for an owner's title insurance policy from First American Title Insurance Company. It shall be a condition to Buyer's obligations under this Agreement that the Title Company shall have agreed to issue to Buyer an ALTA standard form owner's policy of title insurance, insuring title to the Property in Buyer in the amount of the Purchase Price, subject only to the matters appearing of record on the title insurance policy. (c) Termination of Agreement. If Buyer determines, in its sole and absolute discretion, that Buyer is not satisfied with its due diligence inspection and review of the Property for any reason at any time on or before the Closing Date, Buyer may deliver a notice to Seller of its election not to proceed with the purchase of the Property, whereupon Buyer will pay Seller $100 as independent consideration for Buyer's rights under this Agreement, and neither party will have any further liability hereunder except for those obligations that expressly survive the termination of this Agreement. PURCHASE AND SALE AGREEMENT Page 24 of 45 12. CLOSING AND RELATED MATTERS (a) Escrow Closing. The closing of the transaction contemplated by this Agreement will take place at Escrow Agent's office on the Closing Date. On or before the Closing Date, Buyer and Seller will deposit with Escrow Agent all instruments, documents and monies (payable in cash, by wire funds or bank check), as necessary to complete the transaction in accordance with this Agreement, including but not limited to: i. Seller will execute and deliver to Escrow Agent a warranty deed conveying the Property to Buyer in a form prepared by Escrow Agent; ii. Seller will execute an affidavit of non-foreign status and any affidavits that may be customarily required by Escrow Agent for issuance of any title insurance desired by Buyer; iii. Seller will deliver to Escrow Agent any documents reasonably required by the Title Commitment or otherwise by Escrow Agent to demonstrate (a) Seller's power and authority to enter into and perform the transactions contemplated by this Agreement; and (b) the authority of any individual(s)who have executed or will execute documents on behalf of Seller in connection with this transaction; iv. Seller and Buyer shall execute and deliver to Escrow Agent that certain Post Closing Development Agreement,the substantial form of which is attached hereto as Exhibit C. V. Buyer shall cause Owyhee Holdings, LLC to execute and deliver to Escrow Agent a warranty deed conveying the Triangle Parcel to Seller in a form prepared by Escrow Agent. vi. Buyer shall cause to be recorded in the Real Property Records of Idaho, a Record of Survey and any other documentation necessary to memorialize the transfer and conveyance of the Property in accordance with Ada County Code Section 8-4A-19. (b) Prorations,Adjustments and Closing Costs. i. Rents and real property taxes/assessments for the then current calendar year will be prorated as of the Closing Date. ii. Buyer will pay (1) 100%of Escrow Agent's escrow/closing fees; (2) the premium for the Title Policy; and (3) and recording fees for the deed. iii. All other expenses not specifically referenced in this Agreement and incurred by Seller or Buyer with respect to this transaction will be borne and paid exclusively by the party incurring the same without reimbursement. (c) Buyer's Closing Conditions. Buyer will not be obligated to close on the Property unless Seller is in material compliance with its obligations to Buyer under this Agreement as of the Closing Date and Seller's representations and warranties to Buyer under this Agreement are true and correct in all material respects as of Closing Date. If the foregoing conditions are not satisfied or waived by the PURCHASE AND SALE AGREEMENT Page 25 of 45 Closing Date,then Seller will be in default of this Agreement(subject to notice and cure periods as provided in this Agreement). (d) Seller's Closing Conditions. Seller will not be obligated to close on the Property unless Buyer is in material compliance with its obligations to Buyer under this Agreement as of the Closing Date and Buyer's representations and warranties to Seller under this Agreement are true and correct in all material respects as of Closing Date. If the foregoing conditions are not satisfied or waived by the Closing Date,then Buyer will be in default of this Agreement(subject to notice and cure periods as provided in this Agreement). (e) Possession. Buyer will have the right to exclusive possession of the Property as of the completion of the closing. (f) Risk of Loss, Condemnation. Seller agrees to notify Buyer of eminent domain proceedings or any loss of or damage to the Property as soon as Seller has knowledge thereof. Risk of loss of or damage to the Property will be borne by Seller until the Closing Date. If the Property is materially damaged (i.e., damage where the cost to restore is greater than 20%of the Purchase Price) or becomes the subject of any material condemnation proceeding(i.e., more than 20%of the value of the Property is subject to condemnation),then Buyer may, at its option,terminate this Agreement with respect to the Property by giving notice thereof to Seller within twenty (20) days after Seller first notifies Buyer in writing of the damage or condemnation, and this Agreement will terminate with respect to the Property. 13. DEFAULT; REMEDIES. Neither party will be deemed to be in default under this Agreement unless the non-defaulting party first provides the defaulting party with a written notice of default(which notice will reasonably describe the alleged default) and a period of five (5) business days to cure the default. (a) Closing Default. In the event of a closing default by Seller, Buyer's sole and exclusive remedy shall be to file an action for specific performance within ninety (90) days of such closing default. In the event of a closing default by Buyer, Seller's sole and exclusive remedy shall be to terminate this Agreement. (b) Other Defaults. Subject to the notice and cure provisions, if either party defaults in the performance of any of its material obligations under this Agreement other than the obligation to close, the non-defaulting party shall have such rights and remedies as are available at law or in equity. 14. PROPERTY REPRESENTATIONS,WARRANTIES AND COVENANTS (a) Property Sold As-Is. Except with respect to Seller's representations, warranties and covenants contained in this Agreement and the conveyance deed, Buyer will acquire and accept the Property in its then-existing condition on an "AS IS, WHERE IS,AND WITH ALL FAULTS" basis, and Buyer will not rely upon any representations or warranties made by Seller or its representatives or agents prior to the Effective Date concerning or with respect to the Property. (b) Seller's Representations and Warranties. Seller represents and warrants to Buyer that the statements in this Section 5(b) are correct in all material respects as of the Effective Date, and will PURCHASE AND SALE AGREEMENT Page 26 of 45 be correct in all material respects as of the Closing Date, excluding any matters beyond Seller's control (and matters made, done or approved by Buyer). i. Authority. Seller, and the person(s) signing on behalf of Seller, have full power and authority to execute this Agreement and perform Seller's obligations hereunder, and any entity action necessary to authorize this transaction has been taken. ii. Title. Seller has fee simple title to the Property and the right to sell the Property that is free and clear of any matters that would prevent the sale of the Property as set forth in this Agreement. iii. No Insolvency. No proceedings under any bankruptcy or insolvency laws have been commenced by Seller(or to Seller's knowledge, against Seller). iv. No Litigation. To Seller's knowledge, there are no pending or threatened lawsuits involving Seller or the Property that may materially adversely affect Seller's ability to perform its obligations under this Agreement. V. No Violation. Seller has not received written notice the current use or condition of the Property is in violation of applicable law. vi. No Liens. All parties who have supplied or will supply labor, materials and equipment to the Property have been paid in full or will be paid in full at or before closing, and there are no claims of or threats of a lien of any type on the Property (whether or not perfected, other than inchoate mechanic's liens existing as a matter of law, but which shall be paid in full at or before closing). vii. Non-Foreign Person Status. Seller is not a "foreign person" under Section 1445(f) of the Internal Revenue Code of 1986, as amended, and is not subject to withholding under Idaho laws. Seller, and the owners of Seller, are not prohibited or restricted persons under any executive order. (c) Seller's Property Covenants. From the Effective Date to the Closing Date: (a) Seller will maintain the Property in a normal manner and consistent with Seller's current practices; (b) Seller will not enter into any other new leases, occupancy agreements, contracts, amendments or agreements which will extend beyond the Closing Date without Buyer's prior written consent; and (c)Seller will not create any right, encumbrance or easement on the Property without Buyer's prior consent. (d) Buyer's Representations and Warranties. Buyer represents and warrants to Seller that the statements in this Section are correct in all material respects as of the Effective Date, and will be correct in all material respects as of the Closing Date,excluding any matters beyond Buyer's control (and matters made, done or approved by Seller). i. Authority. Buyer, and the person(s) signing on behalf of Buyer, have full power and authority to execute this Agreement and perform Buyer's obligations hereunder, and any entity action necessary to authorize this transaction has been taken. ii. No Insolvency. No proceedings under any bankruptcy or insolvency laws have been commenced by Buyer (or to Buyer's knowledge, against Buyer). PURCHASE AND SALE AGREEMENT Page 27 of 45 iii. No Litigation. To Buyer's knowledge, there are no pending or threatened lawsuits involving Buyer that may materially adversely affect Buyer's ability to perform its obligations under this Agreement. 15. NOTICES. All notices required or permitted to be given pursuant to this Agreement must be in writing and may be delivered by hand delivery, electronic mail or any other reasonable delivery method to the other party at the applicable addresses set forth on the Signature Page to this Agreement. Any notice delivered by other than hand delivery or electronic mail must also be concurrently sent to each receiving party by electronic mail (if an electronic mail address is provided for the recipient party). The addresses may be changed from time to time by written notice. Notices will be deemed received upon the earlier of actual receipt (regardless of the method of delivery) or the first attempted delivery if receipt is refused. 16. BROKERAGE. The RESPONSIBLE BROKER in this transaction is Mark Bottles, Designated Broker for Mark Bottles Real Estate Services, LLC, 839 S. Bridgeway PI., Eagle ID 83616 (208)-377-5700. Selling N/A Listing Broker: Broker: Agent: Agent: N/A Address: Address: N/A Phone: Phone: N/A Email: Email: N/A Except as expressly set forth above, the parties agree that no other broker or agent was the procuring cause of the transaction contemplated by this Agreement, and each of the parties represents and warrants to the other that it has not incurred and will not incur any liability for finder's or brokerage fees or commissions in connection with this Agreement. Buyer and Seller each agree to protect, defend, indemnify and hold harmless the other,their respective successors and assigns,from and against any and all obligations, costs, expenses, and liabilities including, without limitation, all reasonable attorneys' fees and court costs, arising out of or relating to any claim for finder's or brokerage fees or commissions or other such compensation resulting from the dealings of Buyer and Seller in connection with the transaction completed by this Agreement. Check one (1) box in Section 1 and one (1) box in Section 2 below to confirm that in this transaction, the brokerage(s) involved had the following relationship(s)with the Buyer and Seller, respectively: Section 1: ❑ A.The brokerage working with the Buyer(s) is acting as an AGENT for Buyer(s). ❑ B. The brokerage working with the Buyer(s) is acting as a LIMITED DUAL AGENT for Buyer(s), without an ASSIGNED AGENT. ❑ C. The brokerage working with the Buyer(s) is acting as a LIMITED DUAL AGENT for Buyer(s) and has an ASSIGNED AGENT acting solely on behalf of the Buyer(s). X❑ D.The brokerage working with the Buyer(s) is acting as a NONAGENT for Buyer(s). Section 2: ❑ A.The brokerage working with Seller(s) is acting as an AGENT for Seller(s). PURCHASE AND SALE AGREEMENT Page 28 of 45 ❑ B. The brokerage working with Seller(s) is acting as a LIMITED DUAL AGENT for Seller(s), without an ASSIGNED AGENT. ❑ C. The brokerage working with Seller(s) is acting as a LIMITED DUAL AGENT for Seller(s) and has an ASSIGNED AGENT acting solely on behalf of the Seller(s). © D.The brokerage working with the Seller(s) is acting as a NONAGENT for Seller(s). Each party signing this Agreement confirms that such party has received, read and understood the Agency Disclosure Brochure adopted or approved by the Idaho Real Estate Commission, and has consented to the relationship confirmed above. In addition, each party confirms that the Selling/Listing Broker's agency office policy was made available for inspection and review. Each party understands that such party is a "Customer," and is not represented by a brokerage unless there is a signed written agreement for agency representation. 17. Triangle Parcel Transfer. Buyer and Seller acknowledge and agree that Owyhee Holdings, LLC owns that certain tract of real property consisting of approximately +/-.106 acres graphically depicted and described on Exhibit B attached hereto (the "Triangle Parcel"). At Closing, Buyer shall cause Owyhee Holdings, LLC to transfer the Triangle Parcel to Intermountain Gas Company via a warranty deed prepared on Escrow Agent's standard form. Buyer shall pay the recording fees for the recording of the Triangle Parcel deed. 18. MISCELLANEOUS (a) Binding Effect. This Agreement will bind, and inure to the benefit of, the parties and their respective successors and assigns. Buyer will have the right to assign this Agreement without Seller's consent. (b) Modifications. This Agreement cannot be changed orally, and no agreement will be effective to waive, change, modify or discharge it in whole or in part unless such agreement is in writing and is signed by the parties against whom enforcement of any such change is sought. (c) Time.Time is of the essence in every provision of this Agreement.The term "business day" means any day which is not a Saturday, Sunday or legal holiday in Idaho (i.e., Idaho Code § 73-108). If this Agreement specifies that a time period expires or that an action must be taken on a date which is not a business day, then the date will be deemed extended to the next succeeding day which is a business day, and any successive time periods will be deemed extended accordingly. (d) Construction. The words "including" will be construed to include "without limitation." Any term defined in the singular may be used in the plural, and vice versa. If any provision of this Agreement is declared invalid or is unenforceable for any reason, such provision will be deleted from this Agreement and it will not invalidate any other provision contained in this Agreement. All exhibits hereto are incorporated herein. (e) No Merger; Survival. The terms of this Agreement will not merge into closing or with the conveyance deed(s)for the Property, but will instead survive closing or termination (except as may be otherwise provided in this Agreement). (f) Governing Law;Jury Trial Waiver.This Agreement will be construed and interpreted in accordance with, and will be governed by, the laws of the State of Idaho. BUYER AND SELLER EACH HEREBY PURCHASE AND SALE AGREEMENT Page 29 of 45 IRREVOCABLY AND UNCONDITIONALLY WAIVE THE RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY CLAIM ARISING OUT OF THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. (g) Attorneys' Fees. In the event that either party files any action to interpret or enforce this Agreement, the prevailing party in the action will be entitled to attorneys' fees and litigation expenses. (h) Execution; Counterparts. This Agreement may be executed electronically (e.g., DocuSign or equivalent)or in counterparty,which counterparts may also be delivered by.pdf.All counterparts will constitute one contract, binding on all parties, even though all parties are not signatory to the same counterpart, or the signatures are not original signatures to the same agreement. (i) Tax Deferred Exchange. Buyer and Seller acknowledge that either party may wish to structure this transaction as a tax deferred exchange of like-kind property within the meaning of Section 1031 of the Internal Revenue Code. Each party agrees to reasonably cooperate with the other party to effect such an exchange; provided, however,that(i)the cooperating party shall not be required to acquire or take title to any exchange property, (ii) the cooperating party shall not be required to incur any expenses or liability whatsoever in connection with the exchange, (iii) no substitution of the effectuating party shall release said party from any of its obligations, warranties or representations set forth in this Agreement or from liability for any prior or subsequent default under this Agreement by the effectuating party, its successors or assigns, and (iv)the effectuating party shall give the cooperating party at least five (5) business days prior notice of the proposed changes required to effect such exchange and the identity of any party to be substituted in the escrow. [ End of text;Signature page follows] PURCHASE AND SALE AGREEMENT Page 30 of 45 SIGNATURE PAGE Offer Acceptance Deadline:When signed by Buyer,this Agreement constitutes Buyer's offer to purchase the Property from Seller. Seller may accept Buyer's offer by delivering a fully executed copy of this Agreement to Buyer by 5:00 PM Mountain Time on the third(5th) business day after the date of Buyer's signature. Buyer may revoke Buyer's offer at any time prior to Buyer's receipt of Seller's acceptance. Effective Date: The "Effective Date" will mean the date of execution (and delivery of the fully executed Agreement to the first party to sign) by the last party to sign this Agreement. DATED effective as of the Effective Date. "Buyer" Owyhee Holdings, LLC By: Idaho Holdings, LLC Its: Manager By: Name: Date: Email address for notices: mark@markbottles.com emily@markbottles.com [ ] Buyer holds an Idaho Real Estate License [X] Buyer is related to Broker "Seller" Intermountain Gas Company. By: Name: Title: Date: Email address for notices: [ ] Seller holds an Idaho Real Estate License [ ] Seller is related to Broker PURCHASE AND SALE AGREEMENT Page 31 of 45 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY A parcel of land situated in a portion of the Southeast 1/4 of the Northwest 1/4 of Section 31,Township 4 North, Range 1 West, B.M.,Ada County, Idaho and being more particularly described as follows: Commencing at an aluminum cap marking the west 1/4 corner of said Section 31,which bears S00°41'26"W a distance of 2,648.22 feet from an aluminum cap marking the northwest corner of said Section 31,thence following the westerly line of the Northwest 114 of said Section 31, NOO°41'26"E a distance of 1,170.92 feet; Thence leaving said westerly line,585"05'08"E a distance of 1,965.07 feet to the POINT OF BEGINNING. Thence 585`05'08"E a distance of 302.02 feet to a 5/8-inch rebar; Thence S10'08'24"W a distance of 240,00 feet to a 5/8-inch rebar; Thence N49*09'42"W a distance of 177.09 feet to a 5/8-inch rebar; Thence 192.98 feet along the arc of a curve to the right,said curve having a radius of 633.50 feet,a delta angle of 17°27'15", a chord bearing of N40°26'04"W and a chord distance of 192.24 feet the POINT OF BEGINNING. 302.02 s85°OS'0g^e N � c C � a v o nr Og, Pg +c Title: Parcel A to Parcel B Date:03-14-2025 Scale: 1 inch� 100 feet File: Tract l: 0.909 Acres: 39616 Sq Feet:Closure=s66.0712e 0.00 feet: Precision=11]95198: Perimeter 912 Feet 001=s85.0508e 302.D2 003�n49.0942w 177.09 715 002=s10.0824w 240.00 B IIII�Qo ,SONJ=9 i24 PURCHASE AND SALE AGREEMENT Page 32 of 45 EXHIBIT B TRIANGLE PARCEL A parcel of land situated in a portion of the Southwest 1/4 of the Northeast 1/4 of Section 31,Township 4 North, Range 1 West, B.M., Ada County, Idaho and being more particularly described as follows: Commencing at a 1/2-inch rebar marking the center 1/4 corner of said Section 31,which bears S00°31'44"W a distance of 2,639.28 feet from an aluminum cap markingthe north 1/4 corner of said Section 31,thence following the westerly line of the Northeast 1/4 of said Section 31, N00°31'44"E a distance of 267.99 feet to a 5/8-inch rebar; Thence leaving said westerly line, N82°33'29"E a distance of 113.07 feet to a 5/8-inch rebar and being the POINT OF BEGINNING. Thence NOa°31'35"L a distance of 102.00 feet to a 5/8-inch rebar; Thence 124.23 feet along the arc of a curve to the right, said curve having a radius of S66.50 feet, a delta angle of 12°33'53",a chord bearing of 542'52'45"E and a chord distance of 123.98 feet to a 5/8-inch rebar; Thence S82'33'29"W a distance of 86.03 feet to the POINT OF BEGINNING. I g - N n4 0 e 96.03 Title: Date:03-14-202 S Scale: 1 inch— 100 feet File: Tract 1: 0.106 Acres: 4626 Sq Feet:Closure=n89.0949e 0.00 Feet: Precision—1/78923: Perimeter—312 Peet 001=n00.3[35e 102.00 003=s82.3329w 86.03 002:Rt R-566.50.➢dt.-12.3353 Bng-02.524%Chd=121,95 PURCHASE AND SALE AGREEMENT Page 33 of 45 EXHIBIT C Form of Post Closing Development Agreement POST-CLOSING DEVELOPMENT AGREEMENT This Post-Closing Development Agreement (this "Agreement'), is entered into effective as of , 2025 (the "Effective Date") by and between Owyhee Holdings, LLC, an Idaho limited liability company("Owyhee") and Intermountain Gas Company, an Idaho corporation ("IMG"). Owyhee and IMG may each be referred to individually as a "Party" and collectively as the "Parties." RECITALS A. Owyhee and IMG are parties to that certain Purchase Sale Agreement dated [ ] (the "PSA") whereby Owyhee has agreed to buy from IMG and IMG has agreed to sell to Owyhee that certain .909 acres of real property located in Ada County, Idaho, as legally described therein (the "Property"). The Property is a portion of a larger approximately 59.8-acre parcel of real property owned by IMG that is commonly known as 4014 N. Can Ada Road,Nampa,Idaho 83687,and that will be retained by IMG(the"IMG Property"). B. The Property currently contains a farm access and utility road (the "Farm Road") and irrigation ditch(the"Ditch")that serve the IMG Property. C. After the Closing of the PSA, Owyhee intends to convey the Property to the City of Meridian (the "City") so that the City can construct a collector road on the Property and other property owned by the City(the "Collector Road"),which may require that the Farm Road and Ditch be relocated onto the IMG Property at the location approximately shown on Exhibit A,attached hereto and incorporated herein (the "Relocation"). All work necessary to perform the Relocation, including the engineering and construction of the Farm Road and Ditch is referred to herein as the"Relocation Work." D. If the construction of the Collector Road by the City requires the Relocation, Owyhee has agreed to undertake,or cause the City to undertake,the Relocation at no cost to IMG before the construction of the Collector Road, if and when such construction happens, and IMG has agreed to grant to Owyhee a temporary license on that portion of the IMG Property necessary to perform the Relocation. E. The Parties desire to enter into this Agreement to memorize the foregoing obligations, as more specifically provided below. AGREEMENT NOW THEREFORE, for good and valuable consideration,including the mutual covenants made herein, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Relocation. Before the Collector Road is constructed and the Farm Road and Ditch are removed from the Property,if and when such construction and removal happens,Owyhee shall perform the Relocation Work at no expense to IMG.The Relocation Work shall be performed in a workmanlike manner PURCHASE AND SALE AGREEMENT Page 34 of 45 and shall provide IMG with a new farm access and utility road and irrigation ditch of equal quality and character as the Farm Road and Ditch that were removed from the Property. 2. IMG's Cooperation. IMG shall cooperate with Owyhee's efforts to perform the Relocation and to otherwise obtain any permits, consents, or approvals required in connection with the Relocation. 3. License to Perform Work. IMG hereby grants Owyhee, and Owyhee's agents, assigns, employees, contractors, and subcontractors, a temporary license to enter onto that portion of the IMG Property necessary for Owyhee to perform all work associated with the Relocation(the"License").Owyhee shall give IMG five (5) calendar days' written notice before entering the IMG Property to perform the Relocation Work. Upon completion of the Relocation, Owyhee shall ensure that the IMG Property is restored to substantially the same condition that it was in before Owyhee's use of the License. 4. Liens. Owyhee agrees that it will pay or cause to be paid all costs for work done by it in connection with the Relocation, and Owyhee will keep the IMG Property free and clear of all liens on account of work done by Owyhee or persons claiming under Owyhee. 5. Insurance. While Performing the Relocation Work on the IMG Property, Owyhee will procure and maintain (or cause to be procured and maintained by its contractors and subcontractors) the insurance coverages in such types and amounts that are commercially reasonable and customary for such work. 6. Indemnification. Owyhee shall indemnify, defend, and hold IMG and its officers, members,managers, employees,agents,contractors,guests,business invitees(the"Indemnified Parties") harmless from and against all liabilities, obligations, damages, penalties, claims, costs, charges, and expenses,including reasonable attorneys' fees that may be imposed upon or incurred by or asserted against the Indemnified Parties that arises, or may arise, from the acts or omissions of Owyhee under this Agreement.Notwithstanding the foregoing,Owyhee shall have no obligation to indemnify,defend,or hold the Indemnified Parties harmless from and against any matter to the extent it arises from the negligence or willful misconduct of the Indemnified Parties. 7. Survives Closing; Termination of Agreement. This Agreement shall survive the closing of the transaction contemplated in the PSA and shall terminate upon the earlier to occur of. (i) the completion of the Relocation Work; or(ii)the construction of the Collector Road in a location and manner that does not require the Relocation of the Farm Road and Ditch. 8. Successors and Assigns. This Agreement shall be for the benefit of and be binding upon the Parties and their respective successors and assigns.The Parties expressly agree that Owyhee may assign its rights and responsibilities under this Agreement with prior written consent of IMG, and that,upon such assignment, (a)Owyhee's assignee shall have the same rights and responsibilities under this Agreement as did Owyhee before such assignment and (b) Owyhee shall be released from and relieved of all rights and responsibilities under this Agreement. 9. Notice.All notices to be given under this Agreement shall be in writing(email acceptable) at the address provided below the Party's signature block below,which address may be updated by a Party from time to time with written notice to the other Party. Notwithstanding the foregoing, actual notice, however given and from whomever received shall always be effective, and any notice given by a Party's attorneys, shall, for all purposes,be deemed to have been given by such Party PURCHASE AND SALE AGREEMENT Page 35 of 45 10. General. This Agreement is the entire agreement between the Parties with respect to the matters covered hereby and supersedes all prior agreements between them,written or oral.No modifications of this Agreement shall be valid unless in writing and executed by the Parties. All Recitals and Exhibits to this Agreement are true and correct and are hereby incorporated by reference as if set forth herein. The Parties agree that the facts set forth in the Recitals above are true and correct. However, in the event of a conflict between such Recitals and the terms of this Agreement,the terms of this Agreement shall control. This Agreement may be executed in counterparts, each of which is deemed an original but all of which constitute one and the same instrument; the signature pages may be detached from each counterpart and combined into one instrument. Any waiver hereunder must be in writing and no waiver of any right or remedy in the event of default hereunder shall constitute a waiver of such right or remedy in the event of any subsequent default. The laws of the State of Idaho shall govern this Agreement. If any controversy, claim, or action is filed or instituted to enforce the terms and conditions of this Agreement or arises from the breach of any provision hereof,the prevailing Party shall be entitled to receive from the other Party all costs, damages, and expenses, including reasonable attorneys' fees, incurred by the prevailing Parry. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. The headings of the several sections contained herein are for convenience only and do not explain, define, limit, amplify, or aid in the interpretation, construction, or meaning of the provisions of this Agreement. [End of Text, Signature Page Follows] PURCHASE AND SALE AGREEMENT Page 36 of 45 IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the Effective Date. OWYHEE: IMG: Owyhee Holdings,LLC, Intermountain Gas Company, an Idaho limited liability company an Idaho corporation By: Idaho Holdings,LLC, an Idaho limited liability company By: By: Name: Name: Its: Its: Address for notice: Address for notice: emilygmarkbottles.com EMAIL: PURCHASE AND SALE AGREEMENT Page 37 of 45 EXHIBIT F Farm Lease F.UtM I,rASV THIS FARM LEASE,Made and eiiteied inlo this 11th day of Septembtr,2b23(the"Effective Dnte")by and betwom Owy'hc~<Holdings,LLC (hereiiv11cr refrrrcd to as"Landlord").and Ill Thurgnod(heneinoner referred to:LS"Tenant")- AGREEMENT NOW T14 REM- PE,in consideration of the metals to be paid by Tcnant and the covenants and pro3nises to be kept awl performed by the parties hereto,at the tunes and in L13r nianner hcreinaluer set forth,t11e Iegal Sufficiency of which is bercby acknowledged,Landlord does hereby let,6Lw and den3isL: unto Tenant a,td Tenant does hereby lense it{gym I.Lirldlord,kipon the tends and conditions hereirufhcr L&I fort11,the property generally described ris 4780 Can Ada A 1`131)N.Star Rd.Mcrirlinn Idaho in Ada County and rekrenced herein on Fxhibit A (hereinafter referred to n titre "Property"). This Lease is subject to aEl governmental lads, ortlinailres, regulations, codes, and all orders, permits, rules and regulations, and 10 all eXisting easements, WI-Viuidea, licenses find right or way for canals, ditches, luvix3,roads,13igh„ays, utilities,po%�tr lints,railroads,pipelines and other purposes,ti313encor or nal of mcord- 1. TERM OF' LEASF,; The terns of this Lmse shiM cc3mmcncc upon ❑ecentinr 1, 2024 and terminate on Novern her A 2025.Tltls Lease shall 110t au t0111faii`11I 1y roix L'_ 2. RENTS, Tenant hereby agrees to pay to Landlord n fixed anilun]rent(",Annual 10nt")oat a per f-LrntAble acre hasis pursunnt to the table below. Annual Rent shnll be paid ur(WO equal installments of 516,720 with half due April 30,2025 nncl 11JI'duL}October 1, 2025. Ali Rent not paid pn Or before the dates ut Co tll herein shall be considered late. If not rirnety paid,ale unpaid Rent shall bear interest from i I s duc date until paid at the rate of tiitIve laereent(12%)per annurn. TERM PRICE PER _F ACRFS ANNUAL RENT ACRE 12f.1n024—1113D12025 5220 152 S31,444 3. Leased Prnperiy "A& Is"Nlisclaimer-eF Warranty of Soil {}unlit,•, Tr,rnnt is fully familinr xtitll and has Lhoroiiglrly inspected the condition of the Leased Property' aLid Rill■' LIndmtnnds that l ctf ant is leasing the Leased Propert} "AS IS"with all defects and defaults,latent or otherwise. TENANT' ACCEPTS THF, LEASED PROPERTY IN H S PRI-.SENr C-0NDI rION, AND IS NOT RELYING UPON ANY RFPRF_SENTAT1ON OR WANIANTY 13Y LANDLORD AS F0 THE CONDITION OR SIATABILITY OF THE LEASED PROPERTY OR TENANT'S 1AF:THEREOF. Farihcr_ I,nndlnrd,by granting Ibis Lease to Tenant_makes ne rcprrscnta#ion or 1;%tan•aniy of any kind as 10 the qualiLN or suitkility of the soil of Ilse Lemecl ProperLp far grcr,ving oiiy crol)s Tenant ina)' be audiorizc-L1 to growon the[.cased Property under this Lense. FARM LEASE.Page 1 PURCHASE AND SALE AGREEMENT Page 38 of 45 TENANT REPRESENTS AND WARRANTS TO LANDLORD THAT TENANT HAS MADE AN INDEPENDENT INSPECTION OF THF. I,F.A ED PROPERTY AND IS NOT RELYING UPON ANY REPRESENTATION OR WARRANTY WHATSOEVER I'Rom LANDLORD AS TO 901 L CONDITION. I- -I. WATER SYSTEM: 'I'mant shAl Imw the exclusiye use of and chligatimi to repair, lr,aintain and replace an}' irrigation systems, strutWIVS, % tells,and Lmdergmund or buried irrigaiiorl pipe Iincs ww sittlatal on the Leased Property, }With any Such uwC, repair, maintenance and replacement Ihe"Fbeing solely at Tenant's owil etist and eNpense. Tenant shall be entitled to the use of all rights to ;well %%inter Fund gravity water with respect io the Leased Property; provided,lroWewlar. Lhat Tt?n:int sluill use said}.ell water or gravity water only upon the Lemmd Property and that Tenant shall not withdraw or uSe inure than Ilic annual tllioiment of water as pre vidtxi by right, regulation, or law. Tenant shall pay for the electl�icity to run #lie pumps and shall provide the normal day-to-day repairs aid maintenance of the irrigation system (i.e. cleaning, greasing and checking thrrrot)_ Should Tenant choose to irrigate the property by sprinkler irrigation, Tenant shall fumisli its own sprink-lcr System, including the pomw therefor. Landlord shall bear no cost associated with mainlenance of the water or iffigAtlotl system. apart fi-orn any normally assessed fees t11a1 %vould be inctirmd from the irrigation district wore the propert}- to ire ma1n vacant. NO PROVISION or THIS LEASE SHALL BE CONSTRIJED AS ?'E UIRING LANDLORD TO FURNISH OR GLIARANTEE TO TENANT ANY AMOUNT OF WATFR, 1T BEING EXPRESSLY UNDERSTOOD THAT TENANT IS NOT RELYING UPON ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WIIAT5OEVER BY LANDLORD AS TO THE ADEQUACY OR QUALITY OF ANY PRESENT OR FUTURE SOURCE OF WATER- S. TAXES AND IRRIGATION ASSESSMENTS, Landlord shall pay the taxes and irrigation assessrryetrts levied against all of said propeihy, in a iillIely manner as the raune become due and payable. 6. LIABILITY INSURANCE FOR LEASED PRENTISE : Tenant shall, at all times, commencing with the date upon which tlic I_ ascd Premises Lire made available to Tenant. provide and maintain, at Tenant's sale cost and expense, comurlcrcial general liability insurance insuring against claims for personal injury, bodily indUly or death, and property dalnage, or destruction, occurring in, on or about the Leased I mmises, nwining Lancllord, Londlordl s mortgagee tir other specified lender, ally other persons. firms or corporations designated by Larrdlorcl from time to time as having an insurable interest: and Tenant as insureds. The lirnit5 Of liability' of all such insurance shall be not less than $1,000,000 ftir personal injury -or bodily injury or death of any one person. $1,000,000 fat persowl injur•or bud 13- iniur y or death of mom than one person u1 one occurrlcncc,and $1,000.0DO with respect to damage to or destruction of properly-; or, in lieu of such coverage, a combiixcl single Unik (covering peMnal injury, bodily ill.jtiry or dealt and property damage or destruction) wirh a limit uF not less than $1,000.000 per occurrence. The deductibles cinder any. insurance policies to be carried by TcnFint 511all not exceed Fiv Thousand Dollars (S5,M), and each shall provide coverage on an occurreuct- basis (and not un a "claims made" basis). Said insurtm AM be Nvith an insurance currier -or carriei-s satisfaclory to Landlord, VJthQFiaed and licensed to do business in Who, that are; rated "A-"or better in "Best`s lnsurflnCe 6Llide" or accepted by the U,S. Department of HotLsing and Urban Developmem,and shall not be subject to eancellntion cx Rpx aft-r at least thin) (�0)days' pr7or written notice to Landlord, FARM LEASE-Page 2 PURCHASE AND SALE AGREEMENT Page 39 of 45 Tenalit shad furnish to Landlord evidence of Tenaril's compliRnce wish this Section. If Tenant fails to provide or mahilain said insurance, Landlord n . but shall not be obligated to, obtain stich insurance and keep the Sallie in FoLco and effect, and Tenanl shall pay Lkimilord tLixin dcmarKi the Premltln) cast Tliertof, Howe--r,nothing coulained in this Section shrill be deemed to Ii niI the IiabiIity of Tenant. 7. USE OF PROP FRTY: The Leased Property is lenwd to Tenant for the sale purpose of planting. growing anti harvc�ting climrLtically adapted crops, and Teruint shall flat use or permit to be used, ally parr of Ilse Leased Property- far any other purpose than for agrirullural purposyrs_ Tenant shall not commil, or permit others to romnit, any waste tLlxFn the Property. Tenant shall riot perntil any liunting or other recreational activities on tlic L ea-wd Properly. S, FARMING OF PREMISES: TeLlailt covcnantR to taunt said properly in a goad husband-like manner in accotdanee with the accepled practices in the gcogratplucal vicinity- of the property, and to devote such time as is necessary to the farming and nmintenance of tiro property 85 the Tenanl Wonld its awn property. In oLrler to conserve the soil and to finprove the Leased Property,TcL nt agues to carry nut coytservalion practices mid Measures recognized ulkd fbilawed on similar form Jand located in tlir count} 4pere the Leased Property is located; iWiLiding but not litiiited to, (i)controlling soil erosion , (ii) kccping in good repair all irrigation s}'steins, terraces, OPCH ditches, inlets atxl outlets of the brains. (iii) prmurving al I catabli23hed WatercourseS rind ditches including gun;scd L%ati:rwFLys, (iv) refraining from any operation or practaco that could dtantage such structures,and (v)maintain the dual ivy of the soil. At the begijilling of planting season Tenant shall coordinate crop planting wilh Landbrd_ L.andlurd droll not be responsible for crops rcnwaiijjng on the prolierty at termination of the Lease. 4. HAZARD01IJS SUBSTANCES. Except its othenvise express y set fortlt in this Lease, Tenant shall not store, use or dispo of any Hiu andous Substances on, near ur in ounnectiort with the Leased Properly. The ternt "Hazardous Substances" means any subsLanec that fins the chartcteristics of iga liability, corrosh-eness, toxicity, rc ictiAty or uadioactivity or has other characteristics deteiiiiiwd to render the su bstatace dangerous. to 11CHlt11_ surely or Ifie environment pursuant to any exisling or stLbwquer,lly enacted federal, state or local law, mguluti¢n or Law. Immediately following Tenant's receipt,?f nOtirq thercof. TeTtrtnt slu-Lll notify Landlard of any inquit-•, test, investigettiou or enforcement proceeding by or against Tenanl or the 1,eased Property concerning H.,Lzardetis SILbslames. If Tenant shall be required to subunit infonnation or wrinen reporls to nay ugeney on or rclatiiw to any of' the Foregoing, Tenant shall concurrent y provide L,-Lndlord w4h copies thereof. If Tenanl fails to coWply wills any Laws, then Landlord, wilhout obligation to do so, may Inke €III necessary steps to cnsuN complimicc. In such event. Tenant shrill reimburse Landlord, neon demand, For rill casts and expenses that Landlord incurs, incltLding "y additional charges, assessanents or pcnaltieF, lees l or charged against Landlord by rta_son of Tenant's failuTV to c01nP13' With such Laws_ Nntwithstanding anything herein to the con iniry, Landlord hcrchy consents to Tenant's use of herbicides, pesti6clrs, chemicals, fertilizers and other substances eumoinarily Used in fanning operations in the geographical area whr the LeAsied 11imperty is loemed. 10. INSPECTION BY LANDLORD.- Tenant shall permit L ndloTd or Landlord's ngents, repreMltadVeS: or ernploy"s to enter The proper), at all reasonable limes for the purpose of inspecting the property to delermine whether Tenaut is complying %vitlt the ierms of this Lease and for the purpose of doing anr- other lawful acts that may be necLsgory to proteca Landlord's interest in the property or to FAR Fat LEASE•R 3 PURCHASE AND SALE AGREEMENT Page 40 of 45 improve the property, 11. ATTORNEY FEES: Sliou111 Hlly litiplioln be I;Pnnnneneed between llle parties to this Loa concerning the 111'0pell',this Lease,or the rights and cEuiics in rLZl-Lit ioll thereto. tlnc p rily, Landlord or Tennant, prevailing in such hLigation shall be entitled, in addition to such other lvlief m may be gl-anted, to a reasonable suns us and ro,- hi5 attorilev fees and costs incurred in such titigation or oat appeal; which stall shall be deietrnined by the Court in such titi tign or in a separate aClioln l3r�01jiglnt for that purposc- 12. DEFAULT: II'Tenant should fail to Iimely pay any of [he A,tllual Reilt hereinabovu provided far or should neglect or refn5t: to perform all} of'the covertarnls herein agreed upon by Tentnnt to be kept and perforrined, and such dehLLlt shall contimae for a period of twenty (20)days after►vriitell notice of any such ftultire is &NVII by Landlord to Tenant as herein provided, Then it steal I be the right of tale Landlord,nl Landlord's option,to pursue any relnnedics it tatty haw, heretlrtdet, prat lave or in equity, including without I',mitntion: Landlord shall without notice, hmve na iminctliatc right of re-entry and to take possession of (he Larked Property and eject all parties in fosscssion ilncrefroin, using such reasonable force for that purpose as Ilia}r be necessary. kOthotit being lialble to any pmsecutiojr for said re-ently or the use oI'such farce. IrL and lord elects to « nier as provided Above, or to take possession under legal pmecedings or tinder any notice provided by law. Landlord inay, without terminating this L tnsc and in I.andInr€1'9 sole discreTian,accelerate all Refill due ror(lie reinainder of Ilit!T rrll, and at ally time attd from time to tnnc t-elet the entire or any part of the Lensed Properly for such Icrnl Landlord shall also have tlnc eight to make necessary allerations and repairs to (lie Leased Property. On such relettin&, Tenant shall be immediatoly Iiable to Arty to Landlord the expenses of reletting and oI'alaking alleratioins tend ivptlirs incurred by Landlord and all other indebtedness due under this Lease. If Landlord marts hart of the T-eased Property, Landlord does not %uiive any such remedies that analy be Ovnilalble to Lnudiord Ili l thin Fmians oP(lie Leased Property that have not been relet- 13. WAIVER. The specific remedies to which lnutdlord may resort under the terms of ibis Lease are cam ulafivr and are not intended to he exclusive of any other. The raihtre of Landlord to insist in any one or more cases upon(he strict perfnrnlance oroLner ante of any of-the covena nits.agreeunents or eondiIions of this Lease shall not be construed as a uaivvr or a relinquishinienT for tine future of such Covennllt, ai~Nenmllt or coliditloll. It INDETVINIFICATIOIN. Tenant shall at Enll limes during the Term of this Lease rtleise, indemnify, save and hold Landlord, Landlord's a4ents, inrinagers. and nffilialtM halrrnless from all damages, injuries or claims, including allorney's fm and costs* arising From, on or about the Leased Property. or olherwise arising in connection ii:ith any act or omission of the Tenant,or its occupation or uSC Of the I.1ca50d Properly.ColnVemsely, Landlord slnnII ho]d Tenant harmlcss froi n and against all causes of action- judgmci*9, damages, injuries, claims. and costs and liabilities or whatever Und, including attorney fees and costs, Arising from the intentimml misconduct or glass negligence ol"llne Landlord or its regents. officers, managers, nn-mbers, elttployet:s or representatives in connection with the lnal)agemeni of this Lease. 15. NOTLCFZ: Any notice required ar pennhiled tinder (his Lxase shall be given when ticttmlly delivered or when de])Wiled in the United Slates inalI as certified mail,with postage prop.rtid the«on, FARM LEASE-Page 4 PURCHASE AND SALE AGREEMENT Page 41 of 45 addressed as tollows; TO LANDLORD: hlerk iinttlra trrarkfi4imai-kbott):w% !o of eat 111Y(O'ni n rkbot 114m.com TO TENANT- DougThurgood diIhur�40m1rrrnrtl( yrrhoo.com or to such other address as may be specified from time to tinit by cilher of the parties in wrikirig, 1e6, Ten auI's Righf to Assign or Sunlit.Neither this Leo se nor tine interest 1)ere In shall be assigned by. Tcn-int, nor shall the Leased Property, or any part thereof, be stiblet by Tenant wider any circuimirancr-5- And, further provided that, in the event of the drath of Tenant, the Tenant's interest in this Lcasr nifty be assi;xcd to his estate for the purpose of completing the growing, marl;etinV and harvesting of trny crops then planted On the Leased Property: however- subject txi Landlord approval to dtrrarion time in the exereis,of its reawriable bLI5ine-53 judgment. 17. Landlord's Right tG Enter, lm.%Nct, and Sfil- Landlord, or Landlord's agents, representativ s atxl uotrminees,shall ha►e the absolve right to enter the Leased Property ni all times during the Terra, for the purpose of inspecting;tn€l perfontiing tests on the Lcascxl Proper[y,posIin-, notices,a5wmziinitig that the Tertttnt's r+espotisibilitics and ol)li tivns under this Lease are being inet, aixi to place thereon at anv time "For Side'° and/or "1`or Itcnt" signs, Tenant understands and agrees that Landlord may sell the Leased Property during the Tarn and agrccs that Landloxi may have all access to the Leased Proprny for the purpose ofshowing the Leased Propeft} to pro5r>cdivc put-clumrs and conducting environmental and Soil teak on the Proper-ly. in the errent Tenant's croEr�arc darna3ed or reroowd during inspections of tests of[lie Leas 1 PrQpeny. Landlord dratI pay Tenant the fair rnarkel val tic of the damaged and/or reinoved crop. lit. Londlard's RighE (a assign, Sell, or Cancel Lease. Landlotd, at its sole oplion. may sell (lie Leased Property subject Lo the l-ev , and/or mriceI this Luse and purchase the crop being, gnis ,7 on the Leased Property for a purchxSr price equal to the i hen­ctirrem market Milne of the existing unharvested cups located on the Leased Property- Upnn the regvest cf I.rrudlord, Tenant agrees to negotiate in good Failh with any prosl)ective purchaser of the Leased Proj)crLy for a modification to this Lease or a a.-m- 1,rRsc of the I eased ?I'Opert}' to reflect Ihelti�LIurent m€u ken conditions- if Tfinont nad ifie Prospective Prircli$sereannot agree on new#egos, Landlord retains(lie 6911L to either L�ssiV,n the h.casc a5 is or cancel the Leta ptrrsLianl to the terms of this Section. IFLandlore elects to ctincel this Lease as set Forth :iboye, Landlord shall give Tenalit 4vdjtCn notice of its elution to terminals ("Termitkrtion Notice"), which such Termination Notice ! lImll identify the date that the Lease wiII icrminate, and that Tenant shall wicate(the"Early erntiirintion D-Lue")- Lsutdlom trust provide the Termination Notice at learst forty lure (45) clays in f jvanee of the Early Termination Date. Tenant steal l be responsible for contiiwing io farm and harvesi airy existing crop on the Lea.w.0 t Property until (lie Early Termination Datc and Shall vacate tha Property on the Early Termination Dxde- P,tph,1 LEASE-Pao 5 PURCHASE AND SALE AGREEMENT Page 42 of 45 Tenant acknow1c4ges end Icrccs that in the event Trnnni remains in possession of[lie Leased Properly after the Surly Tkirminalion Date. that Tenant shn11 bo liable, io addition io nitornet•'s fees and other oasis, for urny Din all darnagcs resulting theivfrom, iticludirit but nut limitcd to,conseoiueniinl damages. ICJ.C4l dhilon crf l.eucd Propuily on Term inaiinn. At the exfriradan or sooner lerrrlination of this Lease, upon %'Heating llic I-cnSed property, Tennal shall Icgvr the T.eased Property in as good of condition or better than the cundilio» ofssich pr perty gat the coilimeneLmient ofthis Lease, normal wear and tear excluded. and free rand clrnr ofall liens and encurnbi-atxes. Tenant shall also lcayc the Lca5eci Props y free of dchris niid free of HaZATdo:LrS trbstutnces released, deposited or 1.11112rd by Tcrarnl. Tenant shall also laic the Leased Property %Pith aiq noxiauts weeds existing thereon rtinsonably conix4led in conformance with the Mandard weed cantrol practices commonly used Far Farmilig aciivides condacted in the county in which the Leased Property is I PwW, 28. Release anal Waiver of Subrogation- Landlord shah) not be Iiable for any damage or loss to Li?Cllrres, equipment, merchandise or other personal property of Tenant located anywhere in or an (lie Leased Property caused by fire. water, explosion, sew r backup or any od7er insm-able hazards, regardless of the cause theeenf, or any injury to or death of any person or pci-sons who may nt any tune be tLsjng. occupying or N-isiting the I cased Propeily. and Teimiu does hentby exprc,,-;ly release and Bold l.andtani "nniess from icy and till liability and agrees to indemnify nrid defe„d Landlord rrom such daninges or loss. Landlord nod Tenant hereby- waive arty and all rights of recovery against the other for lass oFor damage to srkh %V,1i%ring party or its property or the property of others whieh Ioss or clamage is covered under any i3olicy uF iitiqurnnce required to be carried by the terms nfthis Lensc- Each Party shahI caLlse its insurance carriers, Inelrxlin�,, butt not Iilililed Io, its Wort rhea's Ccnnliengition iuumnre carrier. to waive all rights ofsubrountian against the other party. 21. Condemnation. Jf as a result of the excrciw of the power of eminent domain(hereinafter referred to as a"Proceeding'% the LecLs&d Pro[3crty in whoIc or in part shahI be taken, this Lease rand Fill right. title and interest of Tenant he reu rider. shall cease Emil come to an end as to that part of the Leased Property so Laken or conveyed as of the date of%-estiRB of title pursuant to Such pioceedine. and the Rent shall be cquitalb]y ndjusted and prorated as of(lie date crsueh vesting- landlord shall be entidL-d to and shall recek-e tlm total nw.ird made in such Proceeding. acid Tenant Jwr6y wlw:i_lla such award ro Landlord, 22. 1lelding Over. If 'i'cnant remains in possession of Ihr L-eam!d hruperly after terinination or expiration of the Learn,srKh hoJding-ower'Shall be Construed as a tenancy From month-to-month, subject to all cotenants slid condilions of this I.ea5e insofar as the sane are -ftppk8ble w month-to-month tcileocy, with the exception that ;tpon the commencement of such illontli-la-rtlontl-I leilkinq the kcnt for such month-ta-month tenancy slwll be cal-culated as follom-s- The amouint of The year's monthly rent, times tixo(2), -flue hold-river-cosi rtrnount shall be payable in advance on the first day of each month, 21.HET IRS AND SUCCESSORS: This 1rea5e shall be binding on and shall inane to the benefit of the 116r5, eXecuitors, ad ill iuist raw rs_succcswrtr,,and assigilis of the parties hereto. 24, CROP.S. Tenant shall not plant i44i,tt orAIIld 6r on the Pr4miscs. FARM i EASE-Page 6 PURCHASE AND SALE AGREEMENT Page 43 of 45 25. ENT]RE, AGREEMENT: 'll,c foregoing wnstitMutes the whole agreement between ikre parties hen:tu and nrk representation, oral or written, shall be binding upon either of the parties hereto, unless otherwise m ntained herein or attached hereto and executed in writing as a part of this agreement. TN WITNFLSS WIfFREOf,the Landlord and Tenant have executed this I ease as of the Effective Date: LANDLORD; Owyhee Iloldiogs,LLC By; Id a1w Holding,I.I,G hs: Manager f By: Mark bottles Its:M0mhtir TENANT: Doug Thurgood �AA 9,4,0-50r, I PURCHASE AND SALE AGREEMENT Page 44 of 45 EXHIBIT A Ail Cauncy APN: S0431223100, S0431 110200 r r, � r rAAM LEASE-Pair 3 PURCHASE AND SALE AGREEMENT Page 45 of 45 W IDIAN� AGENDA ITEM ITEM TOPIC: Resolution No. 25-2513: A Resolution Approving that Certain Real Estate Purchase and Sale Agreement Between the City of Meridian and Intermountain Gas Company Concerning the City's Acquisition of 0.909 Acres for a Future Community Park; Approving Related Agreements and Instruments; Authorizing the Mayor to Execute the Real Estate Purchase and Sale Agreement and Related Agreements and Instruments; Authorizing the Mayor to Execute All Other Documents and Perform All Other Acts Reasonably Necessary to Effectuate the Purchase of the Real Property; and Providing an Effective Date CITY OF MERIDIAN RESOLUTION NO. 25-2513 BY THE CITY COUNCIL: CAVENER,LITTLE ROBERTS, OVERTON, STRADER, TAYLOR,WHITLOCK A RESOLUTION APPROVING THAT CERTAIN REAL ESTATE PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF MERIDIAN AND INTERMOUNTAIN GAS COMPANY CONCERNING THE CITY'S ACQUISITION OF 0.909 ACRES FOR A FUTURE COMMUNITY PARK; APPROVING RELATED AGREEMENTS AND INSTRUMENTS; AUTHORIZING THE MAYOR TO EXECUTE THE REAL ESTATE PURCHASE AND SALE AGREEMENT AND RELATED AGREEMENTS AND INSTRUMENTS; AUTHORIZING THE MAYOR TO EXECUTE ALL OTHER DOCUMENTS AND PERFORM ALL OTHER ACTS REASONABLY NECESSARY TO EFFECTUATE THE PURCHASE OF THE REAL PROPERTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Intermountain Gas Company("Intermountain Gas") owns approximately 0.909 acres of real property southeast of N. Can Ada Road/W. McMillan Road ("Property"), as described in that certain Real Estate Purchase and Sale Agreement,which is attached hereto ("PSA"); and, WHEREAS,the parties to the PSA are Owyhee Holdings, LLC ("Owyhee Holdings"), as the buyer, and Intermountain Gas, as the seller; and, WHEREAS, Owyhee Holdings is willing to assign its rights and interest in the PSA to the City; and, WHEREAS,the City desires to purchase the Property from Intermountain Gas for a future community park and other recreational purposes, as authorized under Idaho Code section 50-301; and, WHEREAS,the purchase of the Property will require execution of the PSA and several related agreements and instruments, to wit: (1) Assignment and Assumption Agreement of PSA between Owyhee Holdings and the City; (2) Post-Closing Development Agreement between Intermountain Gas and the City, which shall be substantially similar to Exhibit C to the PSA; (3) quitclaim deed to consolidate the Property with an additional 39.911+/- acres also being acquired for the future community park; and(4) other documents reasonably necessary to effectuate the purchase of the Property(collectively, "Related Agreements and Instruments"); and, WHEREAS,the purchase price of the Property shall be $168,684, which is deemed to be fair market value; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the City Council hereby approves the PSA and the Related Agreements and Instruments, all of which shall be substantially similar to the attachments hereto; RESOLUTION CONCERNING ACQUISITION OF REAL PROPERTY Page 1 of 2 Section 2. That the Mayor is hereby authorized to execute the PSA and Related Agreements and Instruments; Section 3. That the Mayor is hereby authorized to execute all other documents and perform all other acts reasonably necessary to effectuate the purchase of the Property; and, Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 15th day of April , 2025. APPROVED by the Mayor of the City of Meridian, Idaho, this 15th day of April 52025. APPROVED: Robert E. Simison, Mayor ATTEST: By: Chris Johnson, City Clerk RESOLUTION CONCERNING ACQUISITION OF REAL PROPERTY Page 2 of 2 cm REAL ESTATE PURCHASE AND SALE AGREEMENT THIS REAL ESTATE PURCHASE AND SALE AGREEMENT(this"Agreement")is entered into as of the Effective Date by and between Buyer and Seller. In consideration of the mutual promises set forth in this Agreement,Seller hereby agrees to sell, and Buyer hereby agrees to purchase,the Property subject to the terms set forth herein. 1. BASIC AGREEMENT TERMS a. "Effective Date" The later date of the dates that both Buyer and Seller have executed this Agreement as set forth on the Signature Page of this Agreement. b. "Buyer" Owyhee Holdings, LLC and/or Assigns c. "Seller" Intermountain Gas Company. d. "Property" That certain real property commonly known as +/- 39,616 SF Acres atTBD Can Ada Road,Ada County, ID graphically depicted and legally described on Exhibit A, attached hereto. The Property includes all right, title, and interest in the Property including all improvements and fixtures thereon,all appurtenances related thereto and all water and water rights, ditch and ditch rights appurtenant thereto. e. "Purchase Price" One Hundred Sixty Eight Thousand Six Hundred Eighty Four No/100 Dollars ($168,684.00). f. "Closing Date" April 10, 2025. Buyer shall have two (2) options to extend closing by one month per extension. First American Title Insurance Company, 2150 Bonito Way,Suite 100 g. "Escrow Agent" Meridian, Idaho 83642;Attn:Tami DeJournett Albert, Escrow Officer Email: tdalbert@firstam.com That certain +/-.106-acre tract of real property owned by Owyhee h. "Triangle Parcel' Holdings, LLC legally described and depicted on Exhibit B attached hereto. PURCHASE AND SALE AGREEMENT Page 1 of 16 BUYER INITIALS ( ) SELLER INITIALS ( ) 2. DUE DILIGENCE (a) Property Inspections. From the Effective Date through the closing of the transaction contemplated by this Agreement(the "Closing"),Seller will allow Buyer and Buyer's surveyors, engineers, agents and representatives to have reasonable access to the Property. Buyer must coordinate all access with Seller in advance. Buyer will, at its sole expense, promptly restore any physical damage that results from any inspections conducted by or on behalf of Buyer, however, Buyer shall have no obligation to restore any damage resulting from a pre-existing condition on the Property. All inspections will be conducted at Buyer's sole expense and in accordance with all requirements of applicable law. Buyer will keep the Property free from any liens arising out of any activity by or on behalf of Buyer with respect to the Property. If such a lien is filed, then Buyer will cause the same to be promptly discharged of record. (b) Title Matters. IF desired by Buyer, Buyer may order a commitment for an owner's title insurance policy from First American Title Insurance Company. It shall be a condition to Buyer's obligations under this Agreement that the Title Company shall have agreed to issue to Buyer an ALTA standard form owner's policy of title insurance, insuring title to the Property in Buyer in the amount of the Purchase Price, subject only to the matters appearing of record on the title insurance policy. (c) Termination of Agreement. If Buyer determines, in its sole and absolute discretion, that Buyer is not satisfied with its due diligence inspection and review of the Property for any reason at any time on or before the Closing Date, Buyer may deliver a notice to Seller of its election not to proceed with the purchase of the Property, whereupon Buyer will pay Seller $100 as independent consideration for Buyer's rights under this Agreement, and neither party will have any further liability hereunder except for those obligations that expressly survive the termination of this Agreement. 3. CLOSING AND RELATED MATTERS (a) Escrow Closing.The closing of the transaction contemplated by this Agreement will take place at Escrow Agent's office on the Closing Date. On or before the Closing Date, Buyer and Seller will deposit with Escrow Agent all instruments, documents and monies (payable in cash, by wire funds or bank check), as necessary to complete the transaction in accordance with this Agreement, including but not limited to: i. Seller will execute and deliver to Escrow Agent a warranty deed conveying the Property to Buyer in a form prepared by Escrow Agent; ii. Seller will execute an affidavit of non-foreign status and any affidavits that may be customarily required by Escrow Agent for issuance of any title insurance desired by Buyer; iii. Seller will deliver to Escrow Agent any documents reasonably required by the Title Commitment or otherwise by Escrow Agent to demonstrate (a) Seller's power and authority to enter into and perform the transactions contemplated by this Agreement; and (b) the authority of any individual(s)who have executed or will execute documents on behalf of Seller in connection with this transaction; iv. Seller and Buyer shall execute and deliver to Escrow Agent that certain Post Closing Development Agreement,the substantial form of which is attached hereto as Exhibit C. PURCHASE AND SALE AGREEMENT Page 2 of 16 BUYER INITIALS ( ) SELLER INITIALS ( ) V. Buyer shall cause Owyhee Holdings, LLC to execute and deliver to Escrow Agent a warranty deed conveying the Triangle Parcel to Seller in a form prepared by Escrow Agent. vi. Buyer shall cause to be recorded in the Real Property Records of Idaho, a Record of Survey and any other documentation necessary to memorialize the transfer and conveyance of the Property in accordance with Ada County Code Section 8-4A-19. (b) Prorations,Adjustments and Closing Costs. i. Rents and real property taxes/assessments for the then current calendar year will be prorated as of the Closing Date. ii. Buyer will pay (1) 100% of Escrow Agent's escrow/closing fees; (2) the premium for the Title Policy; and (3) and recording fees for the deed. iii. All other expenses not specifically referenced in this Agreement and incurred by Seller or Buyer with respect to this transaction will be borne and paid exclusively by the party incurring the same without reimbursement. (c) Buyer's Closing Conditions. Buyer will not be obligated to close on the Property unless Seller is in material compliance with its obligations to Buyer under this Agreement as of the Closing Date and Seller's representations and warranties to Buyer under this Agreement are true and correct in all material respects as of Closing Date. If the foregoing conditions are not satisfied or waived by the Closing Date,then Seller will be in default of this Agreement(subject to notice and cure periods as provided in this Agreement). (d) Seller's Closing Conditions. Seller will not be obligated to close on the Property unless Buyer is in material compliance with its obligations to Buyer under this Agreement as of the Closing Date and Buyer's representations and warranties to Seller under this Agreement are true and correct in all material respects as of Closing Date. If the foregoing conditions are not satisfied or waived by the Closing Date,then Buyer will be in default of this Agreement(subject to notice and cure periods as provided in this Agreement). (e) Possession. Buyer will have the right to exclusive possession of the Property as of the completion of the closing. (f) Risk of Loss, Condemnation. Seller agrees to notify Buyer of eminent domain proceedings or any loss of or damage to the Property as soon as Seller has knowledge thereof. Risk of loss of or damage to the Property will be borne by Seller until the Closing Date. If the Property is materially damaged (i.e., damage where the cost to restore is greater than 20%of the Purchase Price) or becomes the subject of any material condemnation proceeding(i.e., more than 20%of the value of the Property is subject to condemnation),then Buyer may, at its option,terminate this Agreement with respect to the Property by giving notice thereof to Seller within twenty (20) days after Seller first notifies Buyer in writing of the damage or condemnation, and this Agreement will terminate with respect to the Property. PURCHASE AND SALE AGREEMENT Page 3 of 16 BUYER INITIALS ( ) SELLER INITIALS ( ) 4. DEFAULT; REMEDIES. Neither party will be deemed to be in default under this Agreement unless the non-defaulting party first provides the defaulting party with a written notice of default(which notice will reasonably describe the alleged default) and a period of five (5) business days to cure the default. (a) Closing Default. In the event of a closing default by Seller, Buyer's sole and exclusive remedy shall be to file an action for specific performance within ninety (90) days of such closing default. In the event of a closing default by Buyer, Seller's sole and exclusive remedy shall be to terminate this Agreement. (b) Other Defaults. Subject to the notice and cure provisions, if either party defaults in the performance of any of its material obligations under this Agreement other than the obligation to close, the non-defaulting party shall have such rights and remedies as are available at law or in equity. S. PROPERTY REPRESENTATIONS,WARRANTIES AND COVENANTS (a) Property Sold As-Is. Except with respect to Seller's representations, warranties and covenants contained in this Agreement and the conveyance deed, Buyer will acquire and accept the Property in its then-existing condition on an "AS IS, WHERE IS,AND WITH ALL FAULTS" basis, and Buyer will not rely upon any representations or warranties made by Seller or its representatives or agents prior to the Effective Date concerning or with respect to the Property. (b) Seller's Representations and Warranties. Seller represents and warrants to Buyer that the statements in this Section 5(b) are correct in all material respects as of the Effective Date, and will be correct in all material respects as of the Closing Date, excluding any matters beyond Seller's control (and matters made, done or approved by Buyer). i. Authority. Seller, and the person(s) signing on behalf of Seller, have full power and authority to execute this Agreement and perform Seller's obligations hereunder, and any entity action necessary to authorize this transaction has been taken. ii. Title. Seller has fee simple title to the Property and the right to sell the Property that is free and clear of any matters that would prevent the sale of the Property as set forth in this Agreement. iii. No Insolvency. No proceedings under any bankruptcy or insolvency laws have been commenced by Seller(or to Seller's knowledge, against Seller). iv. No Litigation. To Seller's knowledge, there are no pending or threatened lawsuits involving Seller or the Property that may materially adversely affect Seller's ability to perform its obligations under this Agreement. V. No Violation. Seller has not received written notice the current use or condition of the Property is in violation of applicable law. vi. No Liens. All parties who have supplied or will supply labor, materials and equipment to the Property have been paid in full or will be paid in full at or before closing, and there are no claims of or threats of a lien of any type on the Property (whether or not perfected, other PURCHASE AND SALE AGREEMENT Page 4 of 16 BUYER INITIALS ( ) SELLER INITIALS ( ) than inchoate mechanic's liens existing as a matter of law, but which shall be paid in full at or before closing). vii. Non-Foreign Person Status. Seller is not a "foreign person" under Section 1445(f) of the Internal Revenue Code of 1986, as amended, and is not subject to withholding under Idaho laws. Seller, and the owners of Seller, are not prohibited or restricted persons under any executive order. (c) Seller's Property Covenants. From the Effective Date to the Closing Date: (a) Seller will maintain the Property in a normal manner and consistent with Seller's current practices; (b) Seller will not enter into any other new leases, occupancy agreements, contracts, amendments or agreements which will extend beyond the Closing Date without Buyer's prior written consent;and (c)Seller will not create any right, encumbrance or easement on the Property without Buyer's prior consent. (d) Buyer's Representations and Warranties. Buyer represents and warrants to Seller that the statements in this Section are correct in all material respects as of the Effective Date, and will be correct in all material respects as of the Closing Date,excluding any matters beyond Buyer's control (and matters made, done or approved by Seller). i. Authority. Buyer, and the person(s) signing on behalf of Buyer, have full power and authority to execute this Agreement and perform Buyer's obligations hereunder, and any entity action necessary to authorize this transaction has been taken. ii. No Insolvency. No proceedings under any bankruptcy or insolvency laws have been commenced by Buyer(or to Buyer's knowledge, against Buyer). iii. No Litigation. To Buyer's knowledge, there are no pending or threatened lawsuits involving Buyer that may materially adversely affect Buyer's ability to perform its obligations under this Agreement. 6. NOTICES. All notices required or permitted to be given pursuant to this Agreement must be in writing and may be delivered by hand delivery, electronic mail or any other reasonable delivery method to the other party at the applicable addresses set forth on the Signature Page to this Agreement. Any notice delivered by other than hand delivery or electronic mail must also be concurrently sent to each receiving party by electronic mail (if an electronic mail address is provided for the recipient party). The addresses may be changed from time to time by written notice. Notices will be deemed received upon the earlier of actual receipt (regardless of the method of delivery) or the first attempted delivery if receipt is refused. 7. BROKERAGE. The RESPONSIBLE BROKER in this transaction is Mark Bottles, Designated Broker for Mark Bottles Real Estate Services, LLC, 839 S. Bridgeway PI., Eagle ID 83616 (208)-377-5700. Selling N/A Listing Broker: Broker: Agent: Agent: N/A Address: Address: N/A Phone: Phone: N/A PURCHASE AND SALE AGREEMENT Page 5 of 16 BUYER INITIALS ( ) SELLER INITIALS ( ) Email: Email: N/A Except as expressly set forth above, the parties agree that no other broker or agent was the procuring cause of the transaction contemplated by this Agreement, and each of the parties represents and warrants to the other that it has not incurred and will not incur any liability for finder's or brokerage fees or commissions in connection with this Agreement. Buyer and Seller each agree to protect, defend, indemnify and hold harmless the other,their respective successors and assigns,from and against any and all obligations, costs, expenses, and liabilities including, without limitation, all reasonable attorneys' fees and court costs, arising out of or relating to any claim for finder's or brokerage fees or commissions or other such compensation resulting from the dealings of Buyer and Seller in connection with the transaction completed by this Agreement. Check one (1) box in Section 1 and one (1) box in Section 2 below to confirm that in this transaction, the brokerage(s) involved had the following relationship(s) with the Buyer and Seller, respectively: Section 1: ❑ A.The brokerage working with the Buyer(s) is acting as an AGENT for Buyer(s). ❑ B. The brokerage working with the Buyer(s) is acting as a LIMITED DUAL AGENT for Buyer(s), without an ASSIGNED AGENT. ❑ C. The brokerage working with the Buyer(s) is acting as a LIMITED DUAL AGENT for Buyer(s) and has an ASSIGNED AGENT acting solely on behalf of the Buyer(s). ❑X D.The brokerage working with the Buyer(s) is acting as a NONAGENT for Buyer(s). Section 2: ❑ A.The brokerage working with Seller(s) is acting as an AGENT for Seller(s). ❑ B. The brokerage working with Seller(s) is acting as a LIMITED DUAL AGENT for Seller(s), without an ASSIGNED AGENT. ❑ C. The brokerage working with Seller(s) is acting as a LIMITED DUAL AGENT for Seller(s) and has an ASSIGNED AGENT acting solely on behalf of the Seller(s). ❑X D.The brokerage working with the Seller(s) is acting as a NONAGENT for Seller(s). Each party signing this Agreement confirms that such party has received, read and understood the Agency Disclosure Brochure adopted or approved by the Idaho Real Estate Commission, and has consented to the relationship confirmed above. In addition, each party confirms that the Selling/Listing Broker's agency office policy was made available for inspection and review. Each party understands that such party is a "Customer," and is not represented by a brokerage unless there is a signed written agreement for agency representation. 8. Triangle Parcel Transfer. Buyer and Seller acknowledge and agree that Owyhee Holdings, LLC owns that certain tract of real property consisting of approximately +/-.106 acres graphically depicted and described on Exhibit B attached hereto (the "Triangle Parcel"). At Closing, Buyer shall cause Owyhee Holdings, LLC to transfer the Triangle Parcel to Intermountain Gas Company PURCHASE AND SALE AGREEMENT Page 6 of 16 BUYER INITIALS ( ) SELLER INITIALS ( ) via a warranty deed prepared on Escrow Agent's standard form. Buyer shall pay the recording fees for the recording of the Triangle Parcel deed. 9. MISCELLANEOUS (a) Binding Effect. This Agreement will bind, and inure to the benefit of, the parties and their respective successors and assigns. Buyer will have the right to assign this Agreement without Seller's consent. (b) Modifications. This Agreement cannot be changed orally, and no agreement will be effective to waive, change, modify or discharge it in whole or in part unless such agreement is in writing and is signed by the parties against whom enforcement of any such change is sought. (c) Time.Time is of the essence in every provision of this Agreement.The term "business day" means any day which is not a Saturday,Sunday or legal holiday in Idaho (i.e., Idaho Code § 73-108). If this Agreement specifies that a time period expires or that an action must be taken on a date which is not a business day, then the date will be deemed extended to the next succeeding day which is a business day, and any successive time periods will be deemed extended accordingly. (d) Construction. The words "including" will be construed to include "without limitation." Any term defined in the singular may be used in the plural, and vice versa. If any provision of this Agreement is declared invalid or is unenforceable for any reason, such provision will be deleted from this Agreement and it will not invalidate any other provision contained in this Agreement. All exhibits hereto are incorporated herein. (e) No Merger; Survival. The terms of this Agreement will not merge into closing or with the conveyance deed(s)for the Property, but will instead survive closing or termination (except as may be otherwise provided in this Agreement). (f) Governing Law;Jury Trial Waiver.This Agreement will be construed and interpreted in accordance with, and will be governed by, the laws of the State of Idaho. BUYER AND SELLER EACH HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE THE RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY CLAIM ARISING OUT OF THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY. (g) Attorneys' Fees. In the event that either party files any action to interpret or enforce this Agreement, the prevailing party in the action will be entitled to attorneys' fees and litigation expenses. (h) Execution; Counterparts. This Agreement may be executed electronically (e.g., DocuSign or equivalent) or in counterparty,which counterparts may also be delivered by.pdf.All counterparts will constitute one contract, binding on all parties, even though all parties are not signatory to the same counterpart, or the signatures are not original signatures to the same agreement. (i) Tax Deferred Exchange. Buyer and Seller acknowledge that either party may wish to structure this transaction as a tax deferred exchange of like-kind property within the meaning of Section 1031 of the Internal Revenue Code. Each party agrees to reasonably cooperate with the other party to effect such an exchange; provided, however,that(i)the cooperating party shall not be required to acquire or take title to any exchange property, (ii) the cooperating party shall not be required to incur any expenses or liability whatsoever in connection with the exchange, (iii) no substitution of PURCHASE AND SALE AGREEMENT Page 7 of 16 BUYER INITIALS ( ) SELLER INITIALS ( ) the effectuating party shall release said party from any of its obligations, warranties or representations set forth in this Agreement or from liability for any prior or subsequent default under this Agreement by the effectuating party, its successors or assigns, and (iv)the effectuating party shall give the cooperating party at least five (5) business days prior notice of the proposed changes required to effect such exchange and the identity of any party to be substituted in the escrow. [ End of text;Signature page follows] PURCHASE AND SALE AGREEMENT Page 8 of 16 BUYER INITIALS ( ) SELLER INITIALS ( ) SIGNATURE PAGE Offer Acceptance Deadline: When signed by Buyer,this Agreement constitutes Buyer's offer to purchase the Property from Seller. Seller may accept Buyer's offer by delivering a fully executed copy of this Agreement to Buyer by 5:00 PM Mountain Time on the third(5th)business day after the date of Buyer's signature. Buyer may revoke Buyer's offer at any time prior to Buyer's receipt of Seller's acceptance. Effective Date: The "Effective Date" will mean the date of execution (and delivery of the fully executed Agreement to the first party to sign) by the last party to sign this Agreement. DATED effective as of the Effective Date. "Buyer" Owyhee Holdings, LLC By: Idaho Holdings, LLC Its: Manager By: Name: Date: Email address for notices: mark@markbottles.com emily@markbottles.com [ ] Buyer holds an Idaho Real Estate License [X] Buyer is related to Broker "Seller" Intermountain Gas Company. By: Name: Title: Date: Email address for notices: [ ] Seller holds an Idaho Real Estate License [ ] Seller is related to Broker PURCHASE AND SALE AGREEMENT Page 9 of 16 BUYER INITIALS ( ) SELLER INITIALS ( ) EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY A parcel of land situated in a portion of the Southeast 1/4 of the Northwest 1/4 of Section 31,Township 4 North, Range 1 West, B.M.,Ada County, Idaho and being more particularly described as follows: Commencing at an aluminum cap marking the west 1/4 corner of said Section 31,which bears SOO°41'26"W a distance of 2,648.22 feet from an aluminum cap marking the northwest corner of said Section 31,thence following the westerly line of the Northwest 1/4 of said Section 31, NOO°41'26"E a distance of 1,170.92 feet; Thence leaving said westerly line,585'05'08"E a distance of 1,965_07 feet to the POINT OF BEGINNING. Thence S85'05'48"E a distance of 302.02 feet to a 5/8-inch rebar; Thence S10'08'24"W a distance of 240.00feet to a 5/8-inch rebar; Thence N49*09'42"W a distance of 177.09 feet to a 5/8-inch rebar; Thence 192.98 feet along the arc of a curve to the right,said curve having a radius of 633.50 feet,a delta angle of 17°27'15", a chord bearing of N40°26'04"W and a chord distance of 192.24 feet the POINT OF BEGINNING. a 302.02 s85°OS'0g^e P O C q O v o v �90 p9. Pg �c Title: Parcel A to Parcel B Date:03-14-2025 Scale: 1 inch� 100 feet File: Tract 1: 0.909 Acres: 39616 Sq Feet:Closure=s66.0712e 0.00 Feet: Precision=1/195198: Perimeter W 912 Feet 001=s85.0508e 302.D2 003=n49.0942w 177.09 �l)2=510.0824W 240.00 oat:Rt R-03.50 Delia 17,2715 Bng=m407604,,.Zlid=192.24 PURCHASE AND SALE AGREEMENT Page 10 of 16 BUYER INITIALS ( ) SELLER INITIALS ( ) EXHIBIT B TRIANGLE PARCEL A parcel of land situated in a portion of the Southwest 114 of the Northeast 1/4 of Section 31,Township 4 North, Range 1 West, B_M., Ada County, Idaho and being more particularly described 85 follows: Commencing at a 1/2-inch rebar marking the center 114 corner of said Sectfon 31,which bears SOO°31'44"W a distance of 2,639.28 feet from an aluminum cap marking the north 114 corner of said Section 31,thence following the westerly line of the Northeast 1/4 of said Section 31, N00°31'44"E a distance of 267.99 feet to a 5/8-inch rebar; Thence leaving said westerly line, N82°33'29"E a distance of 113.07 feet to a 5/8-inch rebar and being the POINT OF BEGINNING. Thence NOO°31'35"E a distance of 102.00 feet to a SJ8-inch rebar; Thence 124.23 feet along the arc of a curve to the right, said curve having a radius of S66.S0 feet, a delta angle of 12°33'53",a chord bearing of S42'52'45"E and a chord distance of 123.98 feet to a 5/8-inch rebar; Thence S82°33'29"W a distance of 86.03 feet to the POINT OF BEGINNING. I g _ N n4 0 e 96.03 Title: Date:03-14-202 S Scale: 1 inch— 100 feet File: Tract 1: 0.106 Acres: 4626 Sq Feet:Closure=n89.0949e 0.00 Feet: Precision—1/78923: Perimeter—312 Peet 001=n00.3[35e 102.00 003=s82.3329w 86.03 002:Rt R-566.50.➢dt.-12.3353 Bng-02.524%Chd=121,95 PURCHASE AND SALE AGREEMENT Page 11 of 16 BUYER INITIALS ( ) SELLER INITIALS( ) EXHIBIT C Form of Post Closing Development Agreement POST-CLOSING DEVELOPMENT AGREEMENT This Post-Closing Development Agreement (this "Agreement"), is entered into effective as of , 2025 (the "Effective Date") by and between Owyhee Holdings, LLC, an Idaho limited liability company("Owyhee") and Intermountain Gas Company, an Idaho corporation ("IMG"). Owyhee and IMG may each be referred to individually as a "Party" and collectively as the "Parties." RECITALS A. Owyhee and IMG are parties to that certain Purchase Sale Agreement dated [ ] (the "PSA") whereby Owyhee has agreed to buy from IMG and IMG has agreed to sell to Owyhee that certain .909 acres of real property located in Ada County, Idaho, as legally described therein (the "Property"). The Property is a portion of a larger approximately 59.8-acre parcel of real property owned by IMG that is commonly known as 4014 N. Can Ada Road,Nampa,Idaho 83687,and that will be retained by IMG(the"IMG Property"). B. The Property currently contains a farm access and utility road (the "Farm Road") and irrigation ditch(the"Ditch")that serve the IMG Property. C. After the Closing of the PSA, Owyhee intends to convey the Property to the City of Meridian (the "City") so that the City can construct a collector road on the Property and other property owned by the City(the"Collector Road"), which may require that the Farm Road and Ditch be relocated onto the IMG Property at the location approximately shown on Exhibit A,attached hereto and incorporated herein (the "Relocation"). All work necessary to perform the Relocation, including the engineering and construction of the Farm Road and Ditch is referred to herein as the"Relocation Work." D. If the construction of the Collector Road by the City requires the Relocation, Owyhee has agreed to undertake,or cause the City to undertake,the Relocation at no cost to IMG before the construction of the Collector Road, if and when such construction happens, and IMG has agreed to grant to Owyhee a temporary license on that portion of the IMG Property necessary to perform the Relocation. E. The Parties desire to enter into this Agreement to memorize the foregoing obligations, as more specifically provided below. AGREEMENT NOW THEREFORE,for good and valuable consideration,including the mutual covenants made herein, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: 1. Relocation. Before the Collector Road is constructed and the Farm Road and Ditch are removed from the Property,if and when such construction and removal happens,Owyhee shall perform the Relocation Work at no expense to IMG.The Relocation Work shall be performed in a workmanlike manner PURCHASE AND SALE AGREEMENT Page 12 of 16 BUYER INITIALS ( ) SELLER INITIALS ( ) and shall provide IMG with a new farm access and utility road and irrigation ditch of equal quality and character as the Farm Road and Ditch that were removed from the Property. 2. IMG's Cooperation. IMG shall cooperate with Owyhee's efforts to perform the Relocation and to otherwise obtain any permits, consents, or approvals required in connection with the Relocation. 3. License to Perform Work. IMG hereby grants Owyhee, and Owyhee's agents, assigns, employees, contractors, and subcontractors, a temporary license to enter onto that portion of the IMG Property necessary for Owyhee to perform all work associated with the Relocation(the"License").Owyhee shall give IMG five (5) calendar days' written notice before entering the IMG Property to perform the Relocation Work. Upon completion of the Relocation, Owyhee shall ensure that the IMG Property is restored to substantially the same condition that it was in before Owyhee's use of the License. 4. Liens. Owyhee agrees that it will pay or cause to be paid all costs for work done by it in connection with the Relocation, and Owyhee will keep the IMG Property free and clear of all liens on account of work done by Owyhee or persons claiming under Owyhee. 5. Insurance. While Performing the Relocation Work on the IMG Property, Owyhee will procure and maintain (or cause to be procured and maintained by its contractors and subcontractors) the insurance coverages in such types and amounts that are commercially reasonable and customary for such work. 6. Indemnification. Owyhee shall indemnify, defend, and hold IMG and its officers, members,managers,employees,agents,contractors,guests,business invitees(the"Indemnified Parties") harmless from and against all liabilities, obligations, damages, penalties, claims, costs, charges, and expenses,including reasonable attorneys' fees that may be imposed upon or incurred by or asserted against the Indemnified Parties that arises, or may arise, from the acts or omissions of Owyhee under this Agreement.Notwithstanding the foregoing,Owyhee shall have no obligation to indemnify,defend,or hold the Indemnified Parties harmless from and against any matter to the extent it arises from the negligence or willful misconduct of the Indemnified Parties. 7. Survives Closing; Termination of Agreement.This Agreement shall survive the closing of the transaction contemplated in the PSA and shall terminate upon the earlier to occur of: (i) the completion of the Relocation Work; or(ii)the construction of the Collector Road in a location and manner that does not require the Relocation of the Farm Road and Ditch. 8. Successors and Assigns. This Agreement shall be for the benefit of and be binding upon the Parties and their respective successors and assigns.The Parties expressly agree that Owyhee may assign its rights and responsibilities under this Agreement with prior written consent of IMG, and that,upon such assignment, (a)Owyhee's assignee shall have the same rights and responsibilities under this Agreement as did Owyhee before such assignment and(b) Owyhee shall be released from and relieved of all rights and responsibilities under this Agreement. 9. Notice.All notices to be given under this Agreement shall be in writing(email acceptable) at the address provided below the Party's signature block below,which address may be updated by a Party from time to time with written notice to the other Party. Notwithstanding the foregoing, actual notice, however given and from whomever received shall always be effective, and any notice given by a Parry's attorneys, shall, for all purposes,be deemed to have been given by such Party PURCHASE AND SALE AGREEMENT Page 13 of 16 BUYER INITIALS ( ) SELLER INITIALS ( ) 10. General. This Agreement is the entire agreement between the Parties with respect to the matters covered hereby and supersedes all prior agreements between them,written or oral.No modifications of this Agreement shall be valid unless in writing and executed by the Parties. All Recitals and Exhibits to this Agreement are true and correct and are hereby incorporated by reference as if set forth herein. The Parties agree that the facts set forth in the Recitals above are true and correct. However, in the event of a conflict between such Recitals and the terms of this Agreement,the terms of this Agreement shall control. This Agreement may be executed in counterparts, each of which is deemed an original but all of which constitute one and the same instrument; the signature pages may be detached from each counterpart and combined into one instrument. Any waiver hereunder must be in writing and no waiver of any right or remedy in the event of default hereunder shall constitute a waiver of such right or remedy in the event of any subsequent default. The laws of the State of Idaho shall govern this Agreement. If any controversy, claim, or action is filed or instituted to enforce the terms and conditions of this Agreement or arises from the breach of any provision hereof,the prevailing Party shall be entitled to receive from the other Party all costs, damages, and expenses, including reasonable attorneys' fees, incurred by the prevailing Party. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision hereof. The headings of the several sections contained herein are for convenience only and do not explain, define, limit, amplify, or aid in the interpretation, construction, or meaning of the provisions of this Agreement. [End of Text, Signature Page Follows] PURCHASE AND SALE AGREEMENT Page 14 of 16 BUYER INITIALS ( ) SELLER INITIALS ( ) IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the Effective Date. OWYHEE: IMG: Owyhee Holdings, LLC, Intermountain Gas Company, an Idaho limited liability company an Idaho corporation By: Idaho Holdings, LLC, an Idaho limited liability company By: By: Name: Name: Its: Its: Address for notice: Address for notice: emily&markbottles.com EMAIL: PURCHASE AND SALE AGREEMENT Page 15 of 16 BUYER INITIALS ( ) SELLER INITIALS ( ) EXHIBIT A Depiction of Location of Relocated Road and Ditch -------------------- ___ __ r . i G� �0r� ♦ o aci ♦ o.p * E-2 i C - �L a �m U� Y PURCHASE AND SALE AGREEMENT Page 16 of 16 BUYER INITIALS ( ) SELLER INITIALS( ) W IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance No. 25-2078: An ordinance (3970 E Overland Road — H-2024- 0053) annexing a parcel of land that includes Ada County Highway District right-of-way, to be annexed into the City of Meridian, said parcel being located in a portion of the southeast quarter of the southwest quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described in Exhibit "A"; rezoning 1.120 acres of such real property from R1 (Estate Residential) to the C-G (General Retail and Service Commercial) zoning district; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with 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. Ada County Recorder Trent Tripple 2025-022885 Boise,Idaho Pgs=5 vbailey 04/15/2025 04:55:08 PM CITY OF MERIDIAN IDAHO$0.00 Electronically Recorded CITY OF MERIDIAN ORDINANCE NO. 25-2078 BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON STRADER, TAYLOR, WHITLOCK AN ORDINANCE (3970 E OVERLAND ROAD — H-2024-0053) ANNEXING A PARCEL OF LAND THAT INCLUDES ADA COUNTY HIGHWAY DISTRICT RIGHT-OF- WAY, TO BE ANNEXED INTO THE CITY OF MERIDIAN, SAID PARCEL BEING LOCATED IN A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 3 NORTH, RANGE I EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; REZONING 1.120 ACRES OF SUCH REAL PROPERTY FROM RI (ESTATE RESIDENTIAL) TO THE C-G (GENERAL RETAIL AND SERVICE COMMERCIAL) ZONING DISTRICT; DIRECTING CITY STAFF TO ALTER ALL APPLICABLE USE AND AREA MAPS AS WELL AS THE OFFICIAL ZONING MAPS AND ALL OFFICIAL MAPS DEPICTING THE BOUNDARIES AND THE ZONING DISTRICTS OF THE CITY OF MERIDIAN IN ACCORDANCE WITH THIS ORDINANCE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH 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 WHEREAS, the City of Meridian received a written request from property owner David C. Roe, as personal representative of the estate of Sandra Jean Roe, deceased, in Ada County, Idaho, Probate Case No. CV14-22-09665 to annex and rezone the land described in the legal descriptions attached hereto as Exhibit "A" and the maps attached hereto as Exhibit `B" ("Subject Property"), which exhibits are incorporated herein by reference; WHEREAS,the Subject Property is contiguous to the corporate limits of the City of Meridian, Idaho; WHEREAS, the City of Meridian is authorized by Idaho Code section 50-222 to annex the Subject Property; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the City Council of the City of Meridian hereby annexes the Subject Property. SECTION 2. That the City Council of the City of Meridian hereby rezones 1.120 acres of such real property from R1 (Estate Residential) to the C-G (General Retail and Service Commercial) zoning district. ANNEXATION ORDINANCE—3970 E OVERLAND ROAD H-2024-0053 Page I SECTION 3. That City Staff is hereby directed to alter all applicable use and area maps as well as the official zoning maps and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 4. That the City Clerk is hereby directed to file a certified copy of this ordinance and its exhibits with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, within ten (10) days following the effective date of this ordinance. SECTION 5. That all ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed. SECTION 6. That this ordinance shall be in full force and effect upon publication, in accordance with law. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 15tn day of April, 2025. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 15th day of April, 2025. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 1 5th dayof April,2025 before me the undersigned,a Notary Public in and for said State personally > � rY ,p Y appeared Robert E.Simison and Chris Johnson known to me to be the Mayor and City Clerk,respectively,of the City of Meridian,Idaho,and who executed the within instrument,and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) Notary Public 3-28-2028 Commission Expiration: ANNEXATION ORDINANCE—3970 E OVERLAND ROAD H-2024-0053 Page 2 PORTSIDE LAND SURVEYING , LLC EXHIBIT A ANNEXATION LEGAL DESCRIPTION A parcel of land that includes Ada County Highway District right-of-way, to be annexed into the City of Meridian, said parcel being located in a portion of the Southeast Quarter of the Southwest Quarter of Section 16,Township 3 North, Range 1 East, Boise Merdian,said area of land being more particularly described as follows: Commencing at a found brass cap monument at the South Quarter corner of said Section 16,the True Point of Beginning; Thence along the South line of said Section 16, North 89°15'33" West a distance of 233.71 feet to a point of intersection of the centerline of S.Topaz Avenue and said South line,- Thence along said centerline, North 00°05'20"West a distance of 208.90 feet; Thence South 89°12'37" East a distance of 25.00 feet to the Southwest corner of Lot 17, Block 1, Plat of Jewel Subdivision, Book 34, 2056, records of Ada County; Thence along said Lot line, South 89°12'37" East a distance of 208.71 feet to a point on the East line of Rolling Hill Subdivision, Book 18, 1202, records of Ada County; Thence along said East line South 00°05'30" East a distance of 160.70 feet to a point on the North right-of-way line of East Overland Road; Thence South 00°05'30" East a distance of 48.00 feet to the True Point of Beginning. Said parcel containing 1.120 acres (48,793 Sq. Ft., more or less.) End Description Project No. 24-138 Prepared August 28, 2024 5�`cc � T 12722 b; O F R 'tJ�s IP -Zt zcZ� 3626 W. Hill Rd. Boise, ID 83703 (208) 484-6666 jim*ortsidesurvey.com -EXHIBIT ANNEXA TION MAP A PARCEL OF LAND INCLUDING ACHD RIGHT-OF-WAY, SAID PARCEL BEING LOCATED IN THE SE 114 OF THE SW 114 OF SECTION 16 TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO JEWEL SUBDIVISION LOT 17, BLOCK 1 S 89'12'37" E 233.71' SCALE: 1"=50' 208.71 8 1/2 X 11 SHEET ONLY ' LEGEND zo PARCEL LINE 3 u') 5 - - CENTER LINE 0 SECTION LINE N ✓ �o N W �N — — — AGREEMENT AREA J Y 0 0 7 L o =o RIGHT-OF-WAY LINE o L D J z o o Z00 ----------- DIMENSION LINE Z o o Q FOUND BRASS CAP W / w • 518" REBAR, TO BE SET N 52'33'02" W N 89'14'30" W/ O FOUND 518" REBAR O 22.25 0.77' ® CALCULATED POINT P.O.B. POINT OF BEGINNING OF DESCRIPTION S 89'28'04" W 144.14' I w o k- 4 ©nTE1116 CORNER I o� F F16 1098.82' _ _ _ 233.71' A � W � _,- _ 16 N 89'15'33" W 1332.53' 2l E. OVERLAND ROAD 114 CORNER RADIUSN a P.O.B. v'9,�j�F OF C1 2048.00 46.14 46.14 N BF 3 13 W 1'1727 s R PORTS/DE LAND SUR EYING = ANNEXA TION AREA 3626 W. HILL ROAD, BOISE, ID 83703 PHONE. (208) 484-6666 s89°12'37"e 25 208.71 0 0 o o C12 v w 0 CEF O N O O 0 N D O O O Ja O CO C12 W O (D 233.71 n 9°t `w Annexation parcel closure 8/28/2024 Scale: 1 inch= 40 feet File: Tract 1: 1.1201 Acres(48793 Sq.Feet),Closure:s85.0440w 0.01 ft.(1/123404),Perimeter=885 ft. 01 n89.1533w 233.71 02 n00.0520w 208.9 03 s89.1237e 25 04 s89.1237e 208.71 05 s00.0530e 160.7 V IDIAN� AGENDA ITEM ITEM TOPIC: Ordinance No. 25-2079 : An ordinance (District at Ten Mile H-2023-0071) for rezone of parcels of land located in a portion of the southwest quarter of the northeast quarter of Section 15, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described in Exhibit "A," rezoning 188.70 acres of land from the H-E (High-Density Employment), C-C (Community Business), and TN-C (Traditional Neighborhood Center) zoning districts to the R-15 (Medium High-Density Residential) (33.61 acres) and C-G (General Retail and Service Commercial) (155.09 acres) zoning districts in the Meridian City Code; directing city staff to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date. Ada County Recorder Trent Tripple 2025-022886 Boise,Idaho Pgs=7 vbailey 04/15/2025 04:55:08 PM CITY OF MERIDIAN IDAHO$0.00 Electronically Recorded CITY OF MERIDIAN ORDINANCE NO. 25-2079 BY THE CITY COUNCIL: CAVENER, LITTLE ROBERTS, OVERTON, STRADER, TAYLOR, WHITLOCK AN ORDINANCE (DISTRICT AT TEN MILE H-2023-0071) FOR REZONE OF PARCELS OF LAND LOCATED IN A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," REZONING 188.70 ACRES OF LAND FROM THE H-E (HIGH-DENSITY EMPLOYMENT), C-C (COMMUNITY BUSINESS), AND TN-C (TRADITIONAL NEIGHBORHOOD CENTER) ZONING DISTRICTS TO THE R-15 (MEDIUM HIGH-DENSITY RESIDENTIAL) (33.61 ACRES) AND C-G (GENERAL RETAIL AND SERVICE COMMERCIAL) (155.09 ACRES) ZONING DISTRICTS IN THE MERIDIAN CITY CODE; DIRECTING CITY STAFF TO ALTER ALL APPLICABLE USE AND AREA MAPS AS WELL AS THE OFFICIAL ZONING MAPS AND ALL APPLICABLE OFFICIAL MAPS DEPICTING THE BOUNDARIES AND THE ZONING DISTRICTS OF THE CITY OF MERIDIAN IN ACCORDANCE WITH THIS ORDINANCE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY TREASURER, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the property described in the Legal Description attached hereto as Exhibit "A," which is incorporated herein by reference, is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for rezoning by Ten Mile West LLC, NIBAC LLC, and Hotel-SLC LLC, the owners of said property. SECTION 2. That the above-described real property is hereby rezoned from the H-E (High- Density Employment), C-C (Community Business), and TN-C (Traditional Neighborhood Center) zoning districts to the R-15 (Medium High-Density Residential) (33.61 acres) and C-G (General Retail and Service Commercial) (155.09 acres) zoning districts. SECTION 3. That City Staff is hereby directed to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. REZONE ORDINANCE-DISTRICT AT TEN MILE H-2023-0071 PAGE I SECTION 4. That the City Clerk is hereby directed to file a certified copy of this ordinance and its exhibits with the Ada County Assessor,the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission within ten(10) days following the effective date of this ordinance. SECTION 5. That all ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed. SECTION 6.That this Ordinance, once passed, shall be in full force and effect upon publication, in accordance with law. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN,IDAHO,this 15t'day of April, 2025. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 15th day of April, 2025. MAYOR ROBERT E. SIMISON ATTEST: CHRIS JOHNSON, CITY CLERK STATE OF IDAHO, ) ) ss: County of Ada ) On this 1 5th day of April, 2025, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT E.SIMISON and CHRIS JOHNSON known to me to be the Mayor and City Clerk,respectively,of the City of Meridian,Idaho,and who executed the within instrument,and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) Notary Public for Idaho 3.28.2028 My Commission Expires: REZONE ORDINANCE—DISTRICT AT TEN MILE H-2023-0071 PAGE 2 ARDURRA EXHIBIT A Project No: 230739 Date: November 18, 2024 Page 1 of 1 ZONE R-15 DESCRIPTION A parcel of land being a portion of the SW1/4 of the NE1/4 of Section 15,Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at an aluminum cap monument marking the Center North One-Sixteenth corner of said Section 15; thence along the north line of the SW1/4 of the NE1/4 of said Section 15, 1) S.89°15'15"E., 1299.70 feet; thence, 2) S.00044'48"W., 60.36 feet to the beginning of a tangent curve; thence, 3) Southwesterly along said curve to the right having a radius of 200.00 feet, an arc length of 97.97 feet, through a central angle of 28003'57", of which the long chord bears S.14046'46"W., 96.99 feet; thence, tangent from said curve, 4) S.28048'45"W., 569.42 feet to the beginning of a tangent curve; thence, 5) Southwesterly along said curve to the right having a radius of 120.00 feet, an arc length of 20.41 feet, through a central angle of 9044'39", of which the long chord bears S.33041'04"W., 20.38 feet; thence, non-tangent from said curve, 6) S.05005'18"E., 658.53 feet to the south line of the SW1/4 of the SE1/4 of said Section 15; thence, along said south line, 7) N.89014'39"W., 1060.98 feet to the Center One-Quarter corner of said Section 15; thence, leaving said south line, along the west line of the SWIM of the SE1/4 of said Section 15, 8) N.00036'37"E., 1328.96 feet to the POINT OF BEGINNING. \OVAL LAND s' CONTAINING: 33.61 Ac. more or less EN 4 0- � � 6 v70 q�F OF 0'MAC-�'�`l 332 N.Broadmore Way I Nampa, ID 83687 208.442.6300 1 www.ardurra.com /�/ ARDURRA Project No: 230739 Date: November 18, 2024 Page 1 of 2 ZONE C-G DESCRIPTION A parcel of land being a portion of Section 15,Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at an aluminum cap monument marking the East One-Quarter corner of said Section 15; thence along the east boundary of the NE1/4 of the SE1/4 of said Section, 1) S.00°30'02"W., 1472.05 feet to center line of interstate 84; thence, along said center line the following three courses: 2) N.89034'10"W., 1318.06 feet to the beginning of tangent curve; thence, 3) Northwesterly along said curve to the right having a radius of 11459.16 feet, an arc length of 1804.33 feet, through a central angle of 9001'18", of which the long chord bears N.85003'31"W., 1802.47 feet; thence, tangent from said curve, 4) N.80032'52"W., 93.52 feet; thence, leaving said center line, 5) N.00045'12"E., 1333.63 feet to the Center East-West line of said Section 15; thence, along said Center East-West line, 6) S.89014'48"E., 558.49 feet to the Center One-Quarter corner of said Section 15; thence, continuing along said Center East-West line, 7) S.89014'39"E., 1060.98 feet; thence, leaving said Center East-West line, 8) N.05005'18"W., 658.53 feet to the beginning of a non-tangent curve; thence, 9) Northeasterly along said curve to the left having a radius of 120.00 feet, an arc length of 20.41 feet, through a central angle of 9044'39", of which the long chord bears N.33041'04"E., 20.38 feet; thence, tangent from said curve, 10) N. 28048'45"E., 569.42 feet to the beginning of a tangent curve; thence, 11) Northeasterly along said curve to the left having a radius of 200.00 feet, an arc length of 97.97 feet, through a central angle of 28003'57", of which the long chord bears N.14046'46"E., 96.99 feet; thence, tangent from said curve, 12) N.00044'48"E., 60.36 feet to the north line of the S1/2 of the NE1/4, also being the north right-of- way of W. Cobalt Dr.; thence, along said north line, 13)S.89015'15"E., 21.07 feet to the Northeast One-Sixteenth corner of said Section 15; thence, continuing along said north line, 14)S.89014'59"E., 808.92 feet to beginning of a non-tangent curve, also being the center line of W. Cobalt Dr; thence, leaving said north line, along said center line the following four courses: 332 N.Broadmore Way I Nampa, ID 83687 1 208.442.6300 1 www.ardurra.com Project No: 230739 Date: November 18, 2024 Page 2 of 2 15) Northeasterly along said curve to the left having a radius of 300.00 feet, an arc length of 9.35 feet, through a central angle of 01°47'07", of which the long chord bears N.60°20'03"E., 9.35 feet; thence, tangent from said curve, 16) N.59026'28"E., 214.64 feet to the beginning of a tangent curve; thence, 17) Northeasterly along said curve to the right having a radius of 300.00 feet, an arc length of 178.74 feet, through a central angle of 34°08'14", of which the long chord bears N.76°30'37"E., 176.11 feet; thence,tangent from said curve, 18)S.86025'14"E., 149.83 feet to the east line of the NE1/4 of said Section 15; thence, leaving said center line, along said east line, 19)S.00033'33"W., 1481.35 feet to the POINT OF BEGINNING. CONTAINING: 155.09 Ac. more or less �NAI. LANp 13765 � 9TF 0 F �QP 0,MAC-��`y 2 332 N.Broadmore Way Nampa, ID 83687 208.442.6300 1 www.ardurra.com EXHIBIT B ©2020 ARDURRA GROUP INC.THIS INSTRUMENT IS THE PROPERTY OF ARDURRA. ANY REPRODUCTION,REUSE OR MODIFICATION OF THIS INSTRUMENT OR ITS CONTENTS WITHOUT SPECIFIC WRITTEN PERMISSION OF ARDURRA IS STRICTLY PROHIBITED. EXHIBIT SKETCH - R-15 ZONING LOCATED IN A PORTION OF THE SW1/4 OF THE NE1/4 OF SECTION 15, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2024 NW1/16 CN1/16 _ _ NE1/16 W COBALT DR N1/16 N89°15'14"W 1321.49' 7 POINT OF S89°14'59"E 1321.21' 15 14 BEGINNING S89°15'15"E NE1/16 21.07' 1n cn M I N ai z R-15 I � wIMW BOUNDARY I mIwm o� 33.61 AC Z I� W 0 0 oN cn o U o m z I � CW1/16 C1/4 CE1/16 _ 260.45' � 14 S89°14'48"E 1322.78' N89°14'39"W S89°15'05"E 1321.73' 1 rJ SON P\- L A ND S 230739-VAB Re-Zoning Boundary Sketchs.dwg NOV.2024 210297 a 376 LEGEND /�/ARDURRA 24 q�F \OQ� FOUND ALUMINUM CAP MON. 0' 150' 300' 600' OF y OO FOUND 5/8" REBAR 332 N. BROADMORE WAY oa o°M A��F' NAMPA, IDAHO 83687 208-442-6300 1 WWW.ARDURRA.COM 0 r PRpF . N z C"j m D O O 0 o \� 2 y A c 0 Z Z O � � C p p Dcn D - gyp �CIP C C/) � z Z cn O m C • c D � a C) Z C) C 0 --- 1 m O m CY) (3) O O v J m � D N o QD m 0 oO Z C7 D Z mm j O n m m m x70 0 S00°36'37"W 1328.96' O = Z — Cn z O o n -zi n o m � "' Oco p O m o o m I N m cn = 0 � �o Z � 0 —D n W IF+ z Z I cn 0 D cn cn � = N D W 0m O OZ Z A m • z � zczn� m > y � m < Z DD � I 2 Z O O m o o (7 � a 03 T_ �1 U A_ NC iw Q 0D z v' v oo S00°33'33"W 1329.15' Z o — a ti S TEN MILE RD o BASIS OF BEARINGS 41, n yoo W T rn vwm (7 0 cn � 4 Z --i n o Z O z T G � W o m