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CC - Woodside Avenue Investor's Legal Counsel ResponseChris Johnson From: Sonya Allen Sent: Tuesday, November 06, 2018 4:20 PM To: C.Jay Coles; Charlene Way; Chris Johnson Cc: Geoffrey M. Wardle (GWardle@spinkbutler.com) Subject: Owyhee HS Clerk — please include this email from Woodside Avenue Investor's legal counsel in the public record in response to the revised concept plan submitted by WASD. From: Geoffrey M. Wardle [mailto:GWardle@spinkbutler.com] Sent: Tuesday, November 6, 2018 4:12 PM To: Sonya Allen Cc: James Hunter; Todd Tucker; Hethe Clark Subject: RE: Owyhee HS Sonya, To follow up on our discussion Woodside Avenue Investors is supportive of the condition 1.1.8 that Staff has proposed. The proposed revision proffered by the WASD is not acceptable to Woodside. While we have again requested that WASD arrange a meeting with the Flowers, representatives from the School District, and my client, that has not yet happened. On October 30, 2018, the WASD's representatives informed us that they had reached out to the Flower's representative, but that they were not able to schedule a meeting. On Friday November 11, 2018, counsel for the WASD indicated that they had requested such a meeting and had provided the Flower's representative with the draft findings and conclusions, but that Flower's representative responded as follows: Just a quick update on the Flower ROW. The City of Meridian is working on a sewer analysis to the Flower parcel. They mentioned that this sewer line could potentially service all or part of your remainder residential parcel. Therefore benefiting WASD as well. In addition, he is still waiting for the final written conditions of approval. He will need these items prior to any discussions Thanks - Fred DePold Silvercreek Realty Group I would remind staff that in our original submittal to the City on August 8, 2018, we had proposed two alternatives, A and B, to address this situation, with Scenario A, avoiding this problem and the participation of Flowers and Scenario B, reflecting what the District now wants, but with the Flower's participation. While we hoped that a resolution involving Flower's property would happen, this reaffirms the concern we expressed with the fact that the solution that the WASD proposes and the revision they have requested to your language is not actually a solution. As such, we have not reached any agreement with WASD or Flower. We request that the language staff has drafted be presented to City Council as proposed. Please call if you have any questions. Geoffrey M. Wardle, Partner 251 E Front Street, Suite 200 1 PO Box 639 1 Boise, Idaho 83701 gwardle@spinkbutler.com I Fax:208.388.1001 I Direct: 208.388.3321 1 Mobile: 208.867.9778 IIFF-UTLERt. ATTORNEYS AT LAW CONFIDENTIALITY NOTICE: This transmission is intended only for the use of the individual(s) named as recipients. It may contain information that is privileged, confidential, and/or protected from disclosure under applicable law including, but not limited to, the attorney-client privilege and/or work product doctrine. If you are not the intended recipient of this transmission, please notify the sender immediately by telephone. Do not deliver, distribute or copy this transmission, disclose its contents, or take any action in reliance on the information it contains. THIS E-MAIL IS NOT AN OFFER OR ACCEPTANCE: Notwithstanding the Uniform Electronic Transactions Actor any other law of similar import, absent an express statement to the contrary contained in this e-mail, neither this e-mail nor any attachment are an offer or acceptance to enter into a contract, and are not intended to bind the sender or any other person or entity. From: Sonya Allen[mailto:sallen@meridiancity.org] Sent: Tuesday, November 06, 2018 3:51 PM To: Geoffrey M. Wardle Subject: Owyhee HS Importance: High Hi Geoffrey, Did your client and WASD come to an agreement on the easement? This is the change they're proposing to the DA provision: 1.1.5 _An east west local street shall be cortstnict&d frtmt the noith south collector street to the Flowers pat -eel (#S0432438800) at the east borndai7 of the % .kSD pTope ty with a terWofai- turnaround that meets _ACED and Fire Department requtre,ents prior to issuance of Certificate of0ccupancy for -the high scliml. Fi -t er- in easerien_t �;hgll bre nimvided oi,er thefortion of the as depicted in re-.zsed CONCEPTL AL ROADWAY PLAN EX3 (dated 11-2-18). � 0. I ,L �tPhrn shall be which conshuct an shall be at the adjacent properly owner's expeme 4 I- 4$0-117 vim rVM T_ r.— r -" rI ,� f1tIL�L9AL511i17 I l;-�. •-.�.,—a�.�-ws.�.—s ., You ok with that? (There appears to be a gap between the end of the local street & the Flowers property that they're revising to show it extending to the Flowers parcel). 2 r f�. l;-�. •-.�.,—a�.�-ws.�.—s ., You ok with that? (There appears to be a gap between the end of the local street & the Flowers property that they're revising to show it extending to the Flowers parcel). 2 Thanks, Sonya Allen I Associate Planner City of Meridian I Community Development Dept. 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-884-5533 1 Fax: 208-489-0578 Built for Business, Designed for Living ®®©0© All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law.