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Application Development Application Transmittal Link to Project Application: Meridian Station CUP H-2019-0142 Transmittal Date: 12-26-2019 Hearing Date: February 20, 2020 Assigned Planner: Sonya Allen To view the City of Meridian Public Records Repository, Click Here The above “Link to Project Application” will provide you with any further information on the project. The City of Meridian is requesting comments and recommendations on the application referenced above. To review the application and project information please click on the application link above. The City of Meridian values transparency and makes a variety of information available to the public online through our public records repository. We request that you submit your comments or recommendations prior to the hearing date specified above. When responding, please reference the file number of the project. If responding by email, please send comments to cityclerk@meridiancity.org. For additional information associated with this application please contact the City of Meridian Planner identified above at 208-884-5533. Thank you, City Clerk’s Office 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208.888.4433|Email: cityclerk@meridiancity.org Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. Hearing Date: February 20, 2020 File No.: H-2019-0142 Project Name: Meridian Station Request: Conditional use permit for additional height exceeding the maximum height allowed of 75 feet in the O-T zoning district for two (2) 100-foot tall vertically integrated structures, by Matt McAnulty. Location: The site is located at the southeast corner of N. Main St. and E. Broadway Ave., north of the railroad tracks, in the SW ¼ of Section 7, Township 3N., Range 1E. �fIEN?jAN, DEC 0 3 2015 BYPianning-Division DEVELOPMENT REVIEW APPLICATION STAFF USE ONLY: C Project name: 2 I,, File number(s): — 0'' Assigned Planner: Related files: Type of Review Requested (check all that apply) ❑ Accessory Use (check only 1) ❑ Final Plat Modification ❑ Daycare ❑ Landscape Plan Modification ❑ Home Occupation ❑ Preliminary Plat ❑ Home Occupation/Instruction for 7 or more ❑ Private Street ❑ Administrative Design Review ❑ Property Boundary Adjustment ❑ Alternative Compliance ❑ Rezone ❑ Annexation and Zoning ❑ Short Plat ❑ Certificate of Zoning Compliance ❑ Time Extension (check only 1) ❑ City Council Review ❑ Director ❑ Comprehensive Plan Map Amendment ❑ Commission ❑ Comprehensive Plan Text Amendment ❑ UDC Text Amendment ■ Conditional Use Permit ❑ Vacation (check only 1) ❑ Conditional Use Modification (check only 1) ❑ Director ❑ Director ❑ Commission ❑ Commission ❑ Variance ❑ Development Agreement Modification ❑ Other ❑ Final Plat Applicant Information Applicant name: MATT MCAN U LTY Phone: 208.884.2824 Applicant address: 725 E 2ND ST Email:MMCANULTY@NEUDESIGNARCH.CC City: MERIDIAN State: ID zip: 83642 Applicant's interest in property: ❑ Own ❑ Rent ❑ Optioned ■ Other ARCHITECTURAL REPRESENTATIVE Owner name: GALENA FUND Phone: 208.447.9114 Owner address: 802 W BANNOCK ST #204 Email:bill@galenafund.COm City: BOISE State: ID Zip: 83702 Agent/Contact name (e.g., architect, engineer, developer, representative): Finn name: NEUDESIGN ARCHITECTURE Agent address: 725 E 2ND ST City: MERIDIAN Primary contact is: ■ Applicant ❑ Owner ❑ Agent/Contact Phone: 208.884.2824 Email: MMCANULTY@NEUDESIGNARCH.CC State: ID zip: 83642 Subject Property Information Location/street address: NEUDESIGN ARCHITECTURE Township, range, section: 1 E, RANGE: 3N, SECTION: Assessor's parcel number(s): S 1107325600, Total acreage: 6.13 Zoning district: O.T. S1107325700, 87596000545, Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.iyieridianci!y.ora/planniniz Rev: (2/2/20/82/7/2018) Project/subdivision name: MERIDIAN STATION General description of proposed project/request: VERTICAL INTEGRATED BUILDINGS, SPLIT INTO TWO PHASES Proposed zoning district(s): N/A Acres of each zone proposed: 6.13 AC RES Type of use proposed (check all that apply): ■ Residential ❑ Office ■ Commercial ❑ Employment ❑ Industrial ❑ Other Who will own & maintain the pressurized irrigation system in this development? Which irrigation district does this property lie within? NAMPA MERIDIAN IRRIGATION DISTRICT Primary irrigation source: NMID Secondary: Square footage of landscaped areas to be irrigated (if primary or secondary point of connection is City water): 73360 Residential Project Summary (if applicable) Number of residential units: 360 Number of building lots: 4 Number of common lots: Number of other lots: Proposed number of dwelling units (for multi -family developments only): 1 bedroom: 180 2-3 bedrooms: 180 4 or more bedrooms: Minimum square footage of structure (excl. garage): Maximum building height: 100' Minimum property size (s.0: 57 000 SF Average property size (s.f): 84,373 SF Gross density (Per UDC 11-1A-1): 58.8 PER A CRE Net density (Per UDC 11-1A-1): 53.7 PER ACRE Acreage of qualified open space: Percentage of qualified open space: GRASSY AREAS (2) Type and calculations of qualified open space provided in acres (Per UDC 11 -3G -3B): MIN 50X 100 17,000SF + APARTMENT ONLY COURTYARD, ALONG WITH A COURTYARD/PLAZA FOR ALL Amenities provided with this development (if applicable): BIKE STORAGE, BIKE RENTALS, ROOFTOP PATIO, BUSINESS FITNESS ROOM Type of dwelling(s) proposed: ❑ Single-family Detached ❑ Single-family Attached ❑ Townhouse ❑ Duplex ❑ Multi -family ■ Vertically Integrated ❑ Other Non-residential Project Summary (if applicable) Number of building lots: 4 Common lots: Other lots: Gross floor area proposed: 154,000SF Existing (if applicable): Hours of operation (days and hours)7 DAYS A WEEK, MIXED HOURS Building height: 120' Total number of parking spaces provided: 550 Number of compact spaces provided: 0 Authorization Print applicant name: MA Applicant signature: U LTY Date: 11 /8/19 Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridianci!y.org/planning -2- Rev: (2/7/2018) 0 ne,l .design A C H I -f E:(—_- 'IJ E 725 Eu" 2,8 Street Meridian, ID 83642 www.neUdesignArch.com 208.884.2824 Date: December, 3, 2019 City of Meridian Planning Department 33 E Broadway Ave # 102. Meridian, Idaho 83642 RE: CUP Narrative This large-scale mixed-use development is transformative to the City of Meridian and to the adjacent historic downtown urban core. Phase 1 of Meridian Station will provide 300+ housing units of residential workforce and market rate housing to the community currently experiencing surging population growth. The apartments will range from studio, 1 bed, and 2 bed unit mix. Construction will be stick framing over two levels of concrete podium parking garage, tenants enjoy parks and walking paths built into the site. Total square feet will be 293,964. The retail component of this phase will be roughly 29,000. Current design is very high level showing the max height we are seeking for the CUP 100', along with a preliminary design. A more finalized design will be provided prior to the hearing date to be amended into the set. Phase 2 will be to bring office tenants back to downtown Meridian area. There will be two large office towers that are around 120,000 square feet each. We intend to make these towers very inviting to tech and tech startups. Cc: File # 19219 2019 neUdesign Architecture, LLC Mail - Re: 19219 - Meridian Station Application n&,) eS ..J n Matt McAnulty <mmcanulty@neudesignarch.com> ARCHITECTURE Re: 19219 - Meridian Station Application 1 message Bryan Aydelotte <loborojopllc@gmail.com>� Fri, Nov 8, 2019 at 2:26 PM To: Bill Truax <bill@galenafund.com> Cc: Matt McAnulty <mmcanulty@neudesignarch.com>, Dan Fullmer <dan@galenafund.com>, Jeremy Putman <jeremy@neudesignarch.com> 1. Legal Description. I have attached Exhibit A from the Meridian Station Title Commitment Revision 5, dated September 24, 2019. 2. Response Statement. Galena Opportunity, Inc., an Idaho corporation, as Purchaser, and Mountain West Group, LLC, an Idaho limited liability company and William W. Ditz, an individual residing in Ada County, Idaho, personal, together as Seller, have entered into a Membership Interest Purchase Agreement dated August 12, 2019 for all of the limited liability company interests in and of East Broadway Investment Company, LLC, an Idaho limited liability company ("Project Company"). It is contemplated under the MIPA that prior to Galena's acquisition of the Project Company, the Project Company will acquire the Meridian Station property. The Project Company is entering into Real Estate Purchase and Sale Agreements with heirs of the last owners of record of the Meridian Station property. In these Agreements, the heirs grant to the Project Company the right to apply for and obtain entitlements for the Meridian Station property, expressly including street vacations, reasonably necessary or appropriate for the Project Company's development of the Meridian Station property. In addition, the Project Company and Union Pacific Railroad Company, a Delaware corporation, have entered into an Agreement for Release and Purchase of Interest and Improvements on or about October 22, 2019 for an easement held by UPRC in the Meridian Station property. That Agreement requires the Project Company to use commercially reasonable efforts to obtain all necessary governmental approvals required to constitute the Property as a legal lot. Note that the descriptions of the Meridian Station property in the foregoing agreements, as well as the degree and extent of the interests of the sellers therein, are not identical, reflecting the complexity of the ownership interests in the land. On Fri, Nov 8, 2019 at 12:48 PM Bill Truax <bill@galenafund.com> wrote: 1 Bryan, Please attach the legal description from the title commitment so we can submit an application. Please also include a response statement regarding the PSA provision that Grant's us an interest to submit this application. UPRR does not want to imply that they own the land. Bill Truax President Mobile (208) 447-9114 Office (208) 914-6131 www.galenafund.com Galena Opportunity Fund Impact Investing, Development, Performance From: Matt McAnulty <mmcanulty@neudesignarch.com> Sent: Wednesday, November 6, 2019, 13:27 To: Bill Truax; Dan Fullmer; Jeremy Putman Subject: 19219 - Meridian Station Application https://mail.google.com/mail/u/0?ik=8f938eOc8O&view=pt&search=all&permthid=thread-a%3Ar5374349864803403392%7Cmsg-f%3Al 649670529302... 1/2 2019 neUdesign Architecture, LLC Mail - Re: 19219 - Meridian Station Application Good afternoon Bill & Dan, I have attached one of the applications I have to fill out for the Meridian CUP. There are some highlighted portions that I need input from you guys if you could fill those out and send me the application back that would be great. I am also planning on turning this in tomorrow afternoon, I will need to check to turn in for the applications as well as the items that I sent earlier in an email, I will need to explain to the planner at intake why we are not turning certain items. 1) Project narrative 2) Legal Description 3) Warranty Deed 4) Affidavit 5) Achd email saying we need the traffic report Check fee is $1,369 Conditional Use Permit $160 Alternative Compliance (Parking alternatives) $589 ROW w/ ACHD (I think this one is separate from this application) Matt McAnulty - AIT Design Project & BIM Manager 725 E. 2nd St. in downtown Meridian, ID - 83642 o 1 208.884.2824 f 1 208.287.8166 w I www.neUdesignArch.com Bryan W. Aydelotte, Esq. lobo ROJO pllc a legal services company 3846 N. Arches Way Meridian, Idaho 83646 208-949-6244 This message and its contents are confidential and may be privileged or otherwise protected from disclosure. Their unauthorized use or distribution is strictly prohibited. If you are not the intended recipient, please promptly notify the sender and delete this message. Thank you. Meridian Station Legal Description (Title Commitment Rev 5).pdf 95K https:Hmai l.google.com/mail/u/0?ik=8f938eOc8O&view=pt&search=all &pe rmth id=thread-a%3Ar5374349864803403392%7Cmsg-f%3Al 649670529302... 2/2 EXHIBIT "N' Legal Description Parcel I: All that tract of land lying East of the Easterly line of First Street (now known as Main Street) as shown on the Amended Plat of Meridian Townsite as shown on the official Plat thereof in Book 1 of Plats at Page 30, and Westerly of Block 3 of the Amended Plat of Rowan Addition to Meridian as shown on the official Plat thereof in Book 2 of Plats at Page 52, and lying North of the Union Pacific Railroad right of way; and lying South of the South line of Broadway Avenue as shown on the Official Plat of the Town of Meridian as shown on the official Plat thereof in Book 1 of Plats at Page 29, records of Ada County, Idaho. Parcel II: Intentionally deleted Parcel III: Lots 1 through 10, inclusive, in Block 3 of the Amended Plat of Rowan Addition to Meridian as shown on the official Plat thereof filed in Book 2 of Plats at Page 52 of Official Records, Ada County. Parcel IV: The alley located within Block 3; and that part of Railroad Avenue lying westerly of the Easterly boundary of Block 3 extended, as shown on the official Plat of the Amended Plat of Rowan Addition to Meridian filed in Book 2 of Plats at Page 52 of Official Records, Ada County. Parcel V: Intentionally deleted Parcel VI: Intentionally deleted Parcel VII: Intentionally deleted November 19, 2019 Cameron Arial, MPA, Ph.D. Director City of Meridian I Community Development Department 33 E. Broadway Ave. Meridian, Idaho 83642 RE: Conditional Use Permit: MERIDIAN STATION 415 E. BROADWAY, MERIDIAN, ID 83646 614-632 N. MAIN ST, MERIDIAN, ID 83646 Dear Mr. Arial: ALENA OPPORTUNITY FUND Galena Opportunity, Inc., an Idaho corporation, as Purchaser, and Mountain West Group, LLC, an Idaho limited liability company and William W. Ditz, an individual residing in Ada County, Idaho, personal, together as Seller, have entered into a Membership Interest Purchase Agreement dated August 12, 2019 for all of the limited liability company interests in and of East Broadway Investment Company, LLC, an Idaho limited liability company ("Project Company"). It is contemplated under the MIPA that prior to Galena's acquisition of the Project Company, the Project Company will acquire the Meridian Station property. The Project Company is entering into Real Estate Purchase and Sale Agreements with heirs of the last owners of record of the Meridian Station property. In these Agreements, the heirs grant to the Project Company the right to apply for and obtain entitlements for the Meridian Station property, expressly including street vacations, reasonably necessary or appropriate for the Project Company's development of the Meridian Station property. In addition, the Project Company and Union Pacific Railroad Company, a Delaware corporation, have entered into an Agreement for Release and Purchase of Interest and Improvements on or about October 22, 2019 for an easement held by UPRC in the Meridian Station property. That Agreement requires the Project Company to use commercially reasonable efforts to obtain all necessary governmental approvals required to constitute the Property as a legal lot and entitled property. Note that the descriptions of the Meridian Station property in the foregoing agreements, as well as the degree and extent of the interests of the sellers therein, are not identical, reflecting the complexity of the ownership interests in the land. We appreciate you continuing to process our applications to the City for this project in a staged manner so that we can begin to construct the property in the late spring of 2020. Galena Opportunity Fund Impact Investing, Development, Performance www.galenafund.com Mailing Address 8o;t, ttt Bannock St, Suite 204 6 Boise, Idaho 8370?. 1,10 Box 7.158 1 Iloise, Idaho gi701 999 tett Njair, st, �Etite 'tl.�f1C) ( Inca€se, Idaho 8370 On behalf of gill Truax President Encl. IMPACT INVESTING ® WHY Workforce (esp. without tax credits) o Scalable o Replicable o Reduced cost of execution on financing and development (i.e. lower cost per unit) WHY Vertical farming o Healthy foods initiative o Hyperlocal—food choices are at the preference of individual residents o Reduces impact of food desert effect in many urban areas o Excess production can be donated to utilized by a CSA or similar group o Imprints the value of sustainability at all age levels GALENA OPPORTUNITY FUND Impact Investing, Development, Performance www.galenafund.corn 3148-19 AGREEMENT FOR RELEASE AND PURCHASE OF INTEREST AND IMPROVEMENTS This AGREEMENT FOR RELEASE AND 4U CHASE OF INTEREST AND IMPROVEMENTS ("Agreement") is entered into this ----'day of October, 2019 ("Execution Date"), between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, whose address is 1400 Douglas Street, Omaha, Nebraska 68179 ("Seller"), and EAST BROADWAY INVESTMENT COMPANY, LLC, an Idaho limited liability company, whose address is 333 S. Kestrel Place, Eagle, Idaho 83616, c/o Givens Pursley LLP, Attn: Ed Miller, Esq. ("Buyer"), WITNESSETH: IT IS AGREED by and between the parties as follows: Section 1. Release and Purchase of Right of Way Interest. (a) Pursuant to that certain Act of Congress dated March 3, 1875 ("1875 Act"), the United States of America granted to Seller an casement interest in and to public lands of the United States ("1875 Act Interest"), including but not limited to that certain real property located in the City of Meridian, Ada County, State of Idaho, commonly referred to as "1875 Act of Congress Station Grounds", as generally shown in red crosshatching on the print dated May 14, 2018, attached hereto as Exhibit A and made a part hereof, and legally described in Exhibit A-1, attached hereto and made a part hereof (collectively, "Station Grounds Property"). (b) Buyer wishes to use the Station Grounds Property for development purposes. Seller and Buyer acknowledge that (i) the fee simple real estate interest ("Fee Interest") in the Station Grounds Property is held in private ownership by third parties ("Third Party Owners"), (ii) as of the Execution Date of this Agreement, Buyer is acquiring fee interest to the Station Grounds Property from the Third Party Owners ("Third Party Acquisitions"), and (iii) the Third Party Acquisitions will close concurrently with Closing (as defined in Section 8), at which time Buyer will thereafter own Fee Interest in and to the Station Grounds Property. (c) Buyer has requested that Seller (i) release its 1875 Act Interest but only to the extent the 1875 Act Interest affects the Station Grounds Property, and (ii) sell to Buyer all buildings and any related appurtenances located on the Station Grounds Property (collectively, the "Improvements"), The Station Grounds Property and the Improvements may hereinafter be collectively referred to as the "Property". (d) Seller has agreed to (i) release its 1875 Act Interest but only to the extent the 1875 Act hnterest affects the Station Grounds Property, and (ii) sell to Buyer the Improvements located on the Station Grounds Property. (e) Buyer acknowledges that Seller conducts railroad operations on real property adjacent to the Station Grounds Property ("Seller's Adjacent Property"). Seller requires the placement of certain Restrictive Covenants (as defined in Section 4(f)) on the Station Grounds Property at Closing for the benefit of Seller and Seller's Adjacent Property. The Restrictive 3148-19 Seller: UNION PACIFIC RAILROAD COMPANY ATTN: Mike Gibilisco, Manager Il — Real Estate Field Operations 1400 Douglas Street, Mail Stop 1690 Omaha, Nebraska 68179 Telephone: (402) 544-7510 Email: malzibili@up.com With copy to: UNION PACIFIC RAILROAD COMPANY ATTN: Madeline Roebke, Senior General Attorney 1400 Douglas Street, Mail Stop 1580 Omaha, Nebraska 68179 Telephone: (402) 544-1121 Email: meroebke&up.com Buyer: EAST BROADWAY INVESTMENT COMPANY, LLC ATTN: William Ditz 333 Kestrel Place Eagle, Idaho 83616 Telephone: (208) 513-0355 Telephone #2: (719) 243-3876 Email: bill.ditz@,mountainwestgroup.net With copy to: GIVENS PURSLEY LLP ATTN: L. Edward Miller, Esq. 601 W. Bannock Street Boise, Idaho 83702 Telephone: (208) 388-1200 Email: EdMiller@givenspursley.co Title Company: FIDELITY NATIONAL TITLE COMPANY ATTN: Lynn Darling, Title Officer 485 E. Riverside Drive Eagle, Idaho 83616 Telephone: (208) 949-0645 Email: lynn.darling@fnf.com With copy to: FIDELITY NATIONAL TITLE COMPANY ATTN: Brooke Brennan, Escrow Officer 485 E. Riverside Drive Eagle, Idaho 83616 Telephone: (208) 949-0645 Email: brooke.brennan@,,fnf com Express delivery notices shall be deemed to be given upon receipt. Postal notices shall be deemed to be given three (3) days after deposit with the United States Postal Service. Copies of 13 3148-19 all notices to Seller or Buyer shall be given to Title Company, and copies of all notices to Title Company shall be given to the other party to this Agreement. Section 13. Assignment. (a) Buyer shall not transfer or assign this Agreement or any interest therein, without the consent in writing of Seller, and it is agreed that any such transfer or assignment, whether voluntary, by operation of law or otherwise, without such consent in writing, shall be absolutely void and shall, at the option of Seller, terminate this Agreement. (b) Notwithstanding the foregoing, Buyer may assign this Agreement, without Seller's prior written consent, to a partnership, limited liability company or corporation in which Buyer owns at least a ten percent (10%) general partnership interest, ten percent (10%) of the membership interest, or ten percent (10%) of the voting stock, respectively; provided that such partnership, limited liability company or corporation assumes the provisions of this Agreement, in writing for the benefit of Seller, in form and substance satisfactory to Seller, and that at least ten (10) days prior to the Closing Date, Buyer shall give Seller written notice of the assignment together with a fully executed original of the assignment and assumption agreement. No assignment by Buyer will relieve Buyer of its obligations under this Agreement. Section 14. Condemnation. If, prior to Closing, a governmental agency commences or imminently threatens in writing to commence any eminent domain proceedings to take any material portion of the Station Grounds Property, Buyer and Seller shall each have the unilateral right, exercisable by giving notice of such decision to the other party within thirty (30) days after receiving written notice of such actual or threatened condemnation proceedings, to terminate this Agreement. In the event of such termination, the Escrow Fund shall be returned to Buyer, and this Agreement will be without any further force and effect and without further obligation of either party to the other. If neither party elects to terminate pursuant to this Section 14, the Purchase Price will be determined as though such condemnation had not occurred, and the net proceeds of condemnation awards paid or payable to Seller by reason of such condemnation of the Station Grounds Property shall be paid or assigned to Buyer at Closing. 14 3148-19 Section 15. Waiver of Breach. A waiver by either party of a breach by the other party of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either party to insist upon strict performance of any agreement, covenant or condition of this Agreement, or to exercise any right under this Agreement, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. Section 16. Time of the Essence. Time is of the essence of this Agreement. Section 17. Law Governing. This Agreement shall be governed in all respects by the laws of the State of Idaho. Section 18. Merger. The terms, provisions, covenants and conditions contained in this Agreement shall merge into the deed to be delivered by Seller to Buyer at Closing and shall not survive the Closing, except for the provisions of Section 4(c), 6(b), 10, 19 and 21. Section 19. No Brokers. The negotiations relative to this Agreement and the transactions contemplated hereby have been carried on by the parties without the intervention of any person which would give rise to any valid claim against either of the parties for brokerage commissions or other like payment. Each party shall indemnify and hold harmless the other party against and from any and all claims for brokerage commission or other like payment arising out of the transaction contemplated by this Agreement and occasioned by the actions of such indemnifying party. Section 20. Successors and Assigns. Subject to the provisions of Section 13, this Agreement shall be binding upon and inure to the benefit of the parties, their successors and assigns. Section 21. Special Provision. Seller, Federal ID No. 94-6001323, is not a foreign corporation and withholding of Federal Income Tax from the amount realized will not be made by Buyer. The form of Certification of Non -Foreign Status prepared in conformance with IRS regulations under Section 1445 of the Internal Revenue Code is attached hereto as Exhibit E and made a part hereof. 15 3148-19 Section 22. Tax -Deferred Exchange. Seller may arrange for the exchange upon the Closing of one or more parcels of property for the Property in order to effect a tax-deferred exchange within the meaning of Section 1031 of the Internal Revenue Code of 1986, as amended, and comparable provisions of state statutes. Buyer agrees to cooperate with Seller in connection with any such exchange. Such cooperation by Buyer shall include, but is not limited to, executing documents as reasonably may be required by Seller. Section 23. Not An Offer. The submission of this Agreement to Buyer for review or signature does not constitute an offer to release the Property to Buyer or the granting of an option or other rights with respect to the Property to Buyer. No agreement with respect to the transaction described in this Agreement shall exist, and this writing shall have no binding force or effect, until executed and delivered by both Seller and Buyer. Section 24. Severability. In the event that any of the provisions of this Agreement shall be held to be invalid or unenforceable by a court of competent jurisdiction under applicable law, the remaining portions hereof shall remain in full force and effect and such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed to the extent necessary to make such provision valid and enforceable. Section 25. Entire Agreement. It is understood and agreed that all understandings and agreements, whether written or oral, heretofore had between the parties are merged in this Agreement, which alone fully and completely expresses their agreement, that neither party is relying upon any statement or representation not embodied in this Agreement, made by the other, and that this Agreement may not be changed except by an instrument in writing signed by both parties. (Remainder of page intentionally left blank) 16 3148-19 IN WITNESS WHEREOF, the parties have executed this Agreement in duplicate as of the date first herein written. SELLER: UNION PACIFIC RAILROAD COMPANY, a Delaware corporation By: Printed arae: Rod Carroll Title: General Director — Field Operations (West) BUYER: EAST BROADWAY INVESTMENT COMPANY, LLC, an Idaho limited liability company By: Mountain West Group, LLC, an Idaho limited liability company, its sole member By: r G Printed Name: William W. Ditz Title: Manager 17 3148-19 1�: PRINT DATED MAY 14, 2018 (TO BE ATTACHED) 12/2/2019 neUdesign Architecture, LLC Mail - FW: Area of Influence model runs - Meridian station n e', d e s i g n Matt McAnulty <mmcanulty@neudesignarch.com> ARCHITECTURE FW: Area of Influence model runs - Meridian station 1 message Andy Daleiden <ADALEIDEN@kittelson.com> Mon, Dec 2, 2019 at 1:31 PM To: Matt McAnulty <mmcanulty@neudesignarch.com>, Bill Truax <bill@galenafund.com> Cc: Andy Daleiden <ADALEIDEN@kittelson.com> Hi Matt and Bill, We were on target to send a draft TIS for Meridian Station this Friday, but received a late request from ACHD (see below) to include the Franklin/3rd intersection in the TIS. We did not count this intersection in November when we kicked off the project. I have coordinated with our data collection firm and they will be collecting the traffic counts this Wednesday and will deliver them to us by the end of Thursday. I am working with our staff to see if we can get this intersection added, analyzed, and included in the TIS by Friday. However, our schedule may get pushed to sending the draft TIS next week to you for review and comment before submitting to the agencies. Also, we are still waiting for the revised site plan that includes an access to the parking lot from Broadway Street. Do you have an updated site plan with this access that you can send to us? Please let me know if you have any questions. Thanks! Andy Andy Daleiden, PE Principal Engineer Kittelson & Associates, Inc. Transportation Engineering / Planning 208.472.9804 (direct) 208.867.3898 (cell) From: Mary Ann Waldinger <MWaldinger@compassidaho.org> Sent: Tuesday, November 26, 2019 7:51 AM To: Andy Daleiden <ADALEIDEN@kittelson.com> Subject: FW: Area of Influence model runs - Meridian station Hi Andy, See ACHD's recommendations below. Tell Sonia "hi" and Happy Thanksgiving to you both. M https://mail.google.com/mail/u/0?ik=8f938eOc8O&view=pt&search=all&permthid=thread-f%3Al 651841365671361829%7Cmsg-f%a3A16518413656713... 1/4 12/2/2019 neUdesign Architecture, LLC Mail - FW: Area of Influence model runs - Meridian station From: Aimee Loudenslager [mailto:Aloudenslager@achdidaho.org] Sent: Monday, November 25, 2019 5:04 PM To: Mary Ann Waldinger <MWaldinger@compassidaho.org>; Mindy Wallace <mwallace@achdidaho.org>; Erika Bowen, P.E. <erika.bowen@itd.idaho.gov> Subject: RE: Area of Influence model runs Hi Mary Ann, ACHD recommends including the following for Meridian Station. Intersections: • Franklin Rd and 3rd St • Main St and Ada St • Main St and Broadway Ave • All site accesses Segments: • 3rd St between the site and Franklin Rd • Main St between Ada St and Broadway Ave Thanks, Aimee Loudenslager, P.E., PTOE Traffic Engineer Ada County Highway District 1301 N Orchard St Ste 200 Boise, ID 83706 (208) 387-6339 From: Mary Ann Waldinger <MWaldinger@compassidaho.org> Sent: Thursday, November 07, 2019 10:58 AM To: Mindy Wallace <Mwallace@achdidaho.org>; Aimee Loudenslager <Aloudenslager@achdidaho.org>; Erika Bowen, P.E. <erika.bowen@itd.idaho.gov> Subject: Area of Influence model runs https://m ai l.goog le.co m/ma i I/u/0? ik=8f938e Oc80 &view=pt&search=a I I &pe rmth i d=th read-f%3A 1651841365671361829%7C msg-f%3A 16518413656713... 2/4 12/2/2019 neUdesign Architecture, LLC Mail - FW: Area of Influence model runs - Meridian station [THIS EMAIL ORIGINATED EXTERNALLY. PLEASE USE CAUTION WHEN OPENING ATTACHMENTS OR LINKS INSIDE THIS EMAIL.] Hello ladies, Attached are the write ups for the proposed developments referenced below. Let me know if you have any questions. M From: Andy Daleiden[maiito:ADALEIDEN@kittelson.com] Sent: Monday, November 04, 2019 3:30 PM To: Mary Ann Waldinger <MWaidinger@compassidaho.org> Cc: Andy Daleiden <ADALEIDEN@kittelson.com>; Chelsea Farnsworth <cfarnsworth@kittelson.com> Subject: Area of Influence Requests - Meridian and Garden City projects Hi Mary Ann, Per our discussion on Friday, I am sending over requests for two area of influence model runs. Here are the details of each project: • Meridian Station — Meridian, ID o The site is located east of Main Street, south of E Broadway Avenue, west of E 31d Street, and north of railroad tracks in downtown Meridian. o Access the to site is proposed on Main Street, E Broadway Avenue, and E 3rd Street. o The proposed project (preliminary) consists of 480 multi -family units and 27,500 square -feet of ground floor retail. o Opening year in 2021. • Zella 47 — Garden City, ID o The site is located south of Chinden Boulevard, east of 47th Street, west of 46th Place, and north of the canal. o Access the to site is proposed via 47th Street, Chinden Boulevard, and 46th Place. o The proposed project (preliminary) consists of 320 multi -family units, a 7,500 SF day care center, and 16,700 square -feet of ground floor retail. o Opening year in 2021. Please let me know if you have any questions. Thanks! Andy Andy Daleiden, PE Principal Engineer Kittelson & Associates, Inc. Transportation Engineering / Planning 101 South Capitol Blvd, Suite 600 Boise, Idaho 83702 https://mai l.google.com/ma it/u/0?ik=8f938eOc80&view=pt&search=al I&permthid=th read-f%3A 1651841365671361829%7C msg-f%3A 16 5184136567 13... 3/4 12/2/2019 neUdesign Architecture, LLC Mail - FW: Area of Influence model runs - Meridian station 208.472.9804 (direct) 208.867.3898 (cell) Streetwise Twitter Facebook https://mai l.goog le.com/mail/u/0?ik=8f938eOc8O&view=pt&search=all &pe rmthid=th read-f%3Al 651841365671361829%7C msg-f%3A16518413656713... 4/4 Project/Subdivision Name: Me/;c Applicant(s)/Contact(s): _t rte, City Staff: Bid' II Location: Sr"c .vtr�.��. Comprehensive Plan FLUM�D ssignatic Existing Use: Vag ;"`�-�6Y4 Proposed Use: Af'sia;,/ u �-, Surrounding Uses: --44wsdr, a, Street Buffer(s) and/or Land Use Buffe Open Space/Amenities/Pathways: Ic Access/Stub Streets: —4cr -P_5T CITY OF MERIDIAN PRE -APPLICATION MEETING NOTES C 2 OA 1 aM s Date: ras � ., Cult6 of Size of roperty: Existing Zoning: 69 -7 - Proposed TProposed Zoning: 6 -f- rs) f ?" .c S Note: A Traffic Impact Study (TIS) will be required byACHD forlarge commercial projects and anyresidential development with over 100 units. To avoid unnecessary delays & expedite the hearing process, applicants are encouraged to submit the TIS to ACHD prior to submitting their application to the City. Not having ACHD comments and/or conditions on large projects may delay hearing(s) at the City. Please contact Mindy Wallace at 387- 6178 or Christy Little at 387-6144 at ACHD for information in regard to a TIS, conditions, impact fees and process. Other Agencies/Departments to Contact: p(oc"It';' of 44"t ruxt'4)�y 1 Ada County Highway Dist. (ACHD) fid• S' M Nampa Meridian Irrigation Dist. (NMID) I El Public Works Department ❑ Idaho Transportation Dept. (ITD) ❑ Settler's Irrigation District ❑ Building Department ❑ Republic ServicesPolice Department ❑ Parks Department, Jay ❑ Central District Health Department & Fire Department -Jot "$ 12 3 �� ❑ Other: Application(s) Required: ❑ Administrative Design Review ❑ Conditional Use Permit Modification/Transfer ❑ Rezone ® Alternative Compliance l6 D. i>D ❑ Development Agreement Modification ❑ Short Plat ❑ Annexation ❑ Final Plat I ❑ Time Extension - Council ❑ City Council Review ❑ Final Plat Modification ❑ UDC Text Amendment ❑ Comprehensive Plan Amendment- Map ❑ Planned Unit Development © Vacation Foco 1114cHO ❑ Comprehensive Plan Amendment - Text ❑ Preliminary Plat ❑ Variance t5ftoo © Conditional Use Permit t 3 t g, oo ❑ Private Street © Other �a� �eCv MI- c- kt_e P!viv ties, Notes: 1) Applicants are required to hold a neighborhood meeting in accord with UDC 11 -5A -5C prior to submittal of an application requiring a public hearing (except for a vacation or short plat); and 2) All applicants for permits requiring a public hearing shall post the site with a public hearing notice in accord with UDC 11 -5A -5D.3 (except for UDC text amendments, Comp Plan text amendments, and vacations). The information provided during this meeting is based on current UDC requirements and the Comprehensive Plan. Any subsequent changes to the UDC and/or Comp Plan may affect your submittal and/or application. This pre -application meeting shall be valid for four (4) months. g nes &Ydesian AR CHITECTURE *-+ Wednesday, October 30, 6:00pm 725 E 2nd St. Meridian, ID 83642 Re: CUP Application - Meridian Station Sian -in Sheet Name Address Phone 7ac� r✓ �,�d� �f/rleC�i ao�- ����� 2. 3. 4. �au 5. 223 61�) �� � J a � �w6. 7. . OA�tt 7:25; C— '5�0/VQ 2 -op" 016z�- 8. 9. 10. 12. 13. 14. 15. 725 E 2nd St. - Meridian, ID 83642 Office: 208.884.2824 - Fax: 208.287.8166 - www.neUdesignARCH.com Wednesday, October 30, 6:00pm 725 E 2nd St. Meridian, ID 83642 Re: CUP Application - Meridian Station 1. 2. 3. 4. 5. 6.4 7. ,"1" 0 ne` $design ARCHITECTURE v+ Sian -in Sheet Name Address Phone _3 41057, T 9. Rf-qoa)Lo-f--sen N E N JS 4 reel 2oGs q7_!5 as a�& #z©o 10. 1112 �, w3�uadwa� 2��-353-25�t 12. 13. 14. 15. 725 E 2nd St. - !Meridian, ID 33642 Office: 203.334.2324 o Fax: 203.237.3166 o www.neUdesignARCH.com COMMITMENT OF PROPERTY POSTING Per Unified Development Code (UDC) 11 -5A -5D, the applicant for all applications requiring a public hearing (except for a UDC text amendment, a Comprehensive Plan text amendment and/or vacations) shall post the subject property not less than ten (10) days prior to the hearing. The applicant shall post a copy of the public hearing notice of the application(s) on the property under consideration. The applicant shall submit proof of property posting in the form of a notarized statement and a photograph of the posting to the City no later than seven (7) days prior to the public hearing attesting to where and when the sign(s) were posted. Unless such Certificate is received by the required date, the hearing will be continued. The sign(s) shall be removed no later than three (3) days after the end of the public hearing for which the sign(s) had been posted. I am aware of the above requirements and will comply with the posting requirements as stated in UDC 11-5A-5. J" -"A,) 1 1.5.19 Applican't/agj6t4knature Date Community Development ■ Planning Division ■ 33 E. Broadway Avenue, Ste. 102 Meridian, Idaho 83642 Phone: 208-884-5533 Fax: 208-888-6854 www.meridianci1y.org/planni 11/6/2019 neUdesign Architecture, LLC Mail - Address Verification Complete t f 1 e es (g n Matt McAnulty <mmcanulty@neudesignarch.com> ARCHITECTURE Address Verification Complete noreply@meridiancity.org <noreply@meridiancity.org> Mon, Oct 28, 2019 at 3:00 PM To: mmcanulty@neudesignarch.com, tricks@meridiancity.org, rbeecroft@meridiancity.org Address verification is complete for record LDAV-2019-0667 Project: Meridian Station Address: 415 E BROADWAY AVE MERIDIAN, ID 83642 Parcel(s): R7596000545 Lot: null Block: 3,4,9 Subdivision: ROWAN ADD TO MERIDIAN S1107325600 Lot: null Block: null Subdivision: 3N 1 E 07 S1107325700 Lot: null Block: null Subdivision: 3N 1 E 07 Comments: Parcel verification City of Meridian 33 E. 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