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City Center Redevelopment, LLC. Maintenance of Private Sewer User Infranstructure Public Right Away ADA COUNTY RECORDER Phil McGrane 2020-081562 BOISE IDAHO Pgs=23 BONNIE OBERBILLIG 07/01/2020 02:12 PM CITY OF MERIDIAN, IDAHO NO FEE RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: City Clerk City of Meridian 33 E.Broadway Avenue Meridian,ID 83642 AGREEMENT FOR CHANGE IN POINT OF LIABILITY FOR MAINTENANCE OF PRIVATE SEWER USER INFRASTRUCTURE IN THE PUBLIC RIGHT OF WAY (Address) This AGREEMENT for Change in Point of Liability for Maintenance of Private Sewer User Infrastructure in the Public Right of Way ("Agreement")is made this day of W" ,,2020,by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and City Center Redevelopment,LLC, ("User") (collectively, "Parties"). WHEREAS,User is the Owner of certain real property, located at 33 E. Idaho Avenue and 703 N. Main Street,Meridian, Idaho Ada County, Idaho, legally described as follows(the "Subject Property"): Lots 2 &3,Block 1 of Renewal Place Subdivision, according to the official plat thereof, filed in Book 106 of Plats at Pages 14631 through 14633,records of Ada County,Idaho AND Lots 21-26 &28-32,inclusive,in Block 2 of the Amended Plat of Townsite of Meridian, according to the official plat thereof,filed in Bookl of Plats at Page 30, official records of Ada County, Idaho. WHEREAS,User is constructing the Main2Meridian Mixed Use Development which constitutes a New Source of discharge into Meridian's Publicly Owned Treatment Works which requires Pretreatment Facilities to be provided, operated, and maintained at the User's expense pursuant to the requirements of Meridian City Code Title 9, Chapter 2 (all capitalized terms are defined in Title 9 of the Meridian City Code); WHEREAS,in most circumstances, a User's Pretreatment Facilities are located on User's real property,but in this instance the creation of urban densities for the mixed use development resulted in the placement of the pretreatment facilities in the public right-of-way; WHEREAS,User's Pretreatment Facilities consist of four in-ground grease interceptors in the public right of way adjacent to User's development, as illustrated on Exhibit A, attached hereto and incorporated herein; WHEREAS,User has obtained a Temporary License Agreement from the Ada County Meridian City Counc?'I4t1nQA0enda March 24,2020— Page 152 of 323 Highway District to allow the placement of the Pretreatment Facilities on the public right of way, recorded as Ada County Instrument Number 2020-008562; WHEREAS, the Meridian City Code sets the point of Liability for Maintenance of User sewer infrastructure as extending from the User's property improvements (building)until such sewer lines pass the vertical plane of the User's property line (MCC 9-4-34); WHEREAS, In consideration for the City of Meridian allowing the User's Pretreatment Facilities to be placed outside of User's real property, User has agreed to a different Point of Liability for Maintenance of User's sewer facilities as set forth in this Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, the Parties agree as follows: I. POINT OF SEWER MAINTENANCE LIABILITY. A. User agrees to operate and maintain each of the 4" sewer service lines and the sewer grease interceptors identified in Exhibit"A"up until the point at which the 4" grease interceptor discharge service lines intersect with City's 6"building service lines. B. User's grease interceptors and 4" service lines shall be operated and maintained to the same extent as if said User infrastructure was located on User's property as provided in Meridian City Code Title 9. C. The pretreatment requirements of the Meridian City Code shall not be changed or applied differently to User's infrastructure due to this Agreement, except for the point of Maintenance Liability as defined in this Agreement. II.GENERAL PROVISIONS. A. Default. Any failure to perform the terms and conditions of this Agreement, or any portion thereof, shall be a default hereunder. In the event of a default, the non-defaulting party may serve a written Notice of Default upon the defaulting party by the method set forth herein. Except in case of an imminent or realized threat to the public health, safety, or welfare, the defaulting party shall have thirty(30) days following delivery of such notice to cure or correct the default before the non-defaulting party may seek any remedy as provided herein. Notwithstanding any other provision of this Agreement, this provision shall be binding upon the Parties and upon any and all successors in interest thereof. Meridian City CouncPil VingFAgenda March 24,2020— Page 153 of 323 B. Enforcement. This Agreement shall be enforceable in any court of competent jurisdiction by either City or User, or any respective successor(s) in interest thereof. An action at law or in equity, as appropriate, shall lie to secure specific performance of any covenant, agreement, condition, commitment, and/or obligation set forth herein. In addition, remedies available to City shall include, but shall not be limited to, termination of water service to User, to any successor(s) in interest, and/or to any water User located on the Subject Property. C. Notices. Any notice desired by the Parties or required by this Agreement shall be deemed delivered after deposit in the United States Mail, postage prepaid, addressed as follows: City: City of Meridian Attn: Public Works Department Director 33 E. Broadway Ave. Meridian, Idaho 83642 User: City Center Redevelopment, LLC 430 E. State Street, Suite 100 Eagle, Idaho 83616 Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change, establishing a new address for noticing purposes, in accordance with the requirements of this section. D. Time is of the essence. The Parties acknowledge and agree that time is strictly of the essence with respect to each and every term, condition, and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach and default hereunder by the Party so failing to perform. E. Binding upon successors. Except as otherwise specifically provided herein, this Agreement shall be binding upon any and all Users of the Subject Property, any and all subsequent Users thereof, and each and every other person acquiring an interest in the Subject Property. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the Subject Property, or any portion thereof, except that any sale or alienation shall occur subject to the provisions of this Agreement, and any successive User or Users shall be both benefited and bound by the conditions and restrictions herein expressed. F. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be exised herefrom and the invalidity thereof shall not affect any other provision or provisions contained herein. G. Attorney fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney fees as determined by Meridian City Counc 1 4QnV4nda March 24,2020— Page 154 of 323 such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter alia, any default, termination, or forfeiture of this Agreement. H. Final Agreement. This Agreement sets forth all promises, inducements, agreements, conditions, and understandings between City and User relative to the subject matter hereof, and there are no promises, agreements, conditions, or understandings, either oral or written, express or implied, between City and User, other than as are stated herein. Except as otherwise specifically provided herein, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. I. Non-waiver. Failure of either Party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any Party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. J. Compliance with laws. Throughout the course of this Agreement, the Parties shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. The City's ordinances appertaining to the regulation, control, and use of its sewer and water systems, and any prospective amendments to and/or recodifications thereof, are specifically and without limitation incorporated into this Agreement as if set forth fully herein. K. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorney or the opportunity to seek such advice. L. Approval Required: This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date first written above. SIGNATURES TO FOLLOW ON NEXT PAGE Meridian City Coun p e t4 Wenda March 24,2020— Page 155 of 323 USER: City Center Redevelopment,LLC STATE OF IDAHO ) ) ss: County of ) I HEREBY CERTIFY that on this_LqT�_day of March C b Roope, Manager before the undersigned,a Notary Public in the State of Idaho, personally appeared Caleb Roope,proven to me to be a Manager of City Center Redevelopment,LLC who executed the said instrument on behalf of said LLC and acknowledged to me the LLC executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and dA 1�,qr��,i� affixed my official seal,the day and year in this certificate first N above written. NOTARY q{r PUBLIC Commission# 20191955 Notary Public for Idaho Myxpi els$1on Residing at Idaho Sep 23.2025 My Commission Expires: q/2,1202r? e t r r E i y ti► STATE OF IDAHO ss: County of a ) CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor Chris Johnson, City Clerk STATE OF IDAHO } ) ss: County of Ada } I HEREBY CERTIFY that on this 24th day of March , 2020 before the undersigned, personally appeared ROBERT E.SIMISON and CHRIS JOHNSON,known or identified to me to be the Mayor and City Clerk,respectively, of the City of Meridian,who executed the instrument on behalf of the City of Meridian,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 in this certificate first above written. Notary Public for Idaho Residing at Meridian ,Idaho My Commission Expires: 3-28-2022 PAGE 5 OF 6 EXHIBIT A DocuSign Envelope ID: DB7BD994-AF86-474F-8538-1D973E76D9D8 2612 2612 � SEWER STATIONING BASED ON PIPE CENTERLINE. EX SSMH N12-585 LABELED PIPE LENGTHS ARE CENTER OF 0 4 8 0 20 40 RIM = 2605.99 STRUCTURE TO CENTER OF STRUCTURE, PIPE SLOPES ARE BASED ON LABELED PIPE LENGTHS EXISTING GROUND SURFACE PROFILE AT PIPE INV IN (E) _ ±2589.18 (8") VERTICAL SCALE HORIZONTAL SCALE 2608 CHANNEL FL = 2588.14 -- 2608 (21" SS MAIN FLOWING _ SOUTH TO NORTH) ------ -------- ------ O SEWER KEYNOTES SEWER NOTES / I / 2604 / I 1. CONFIRM HORIZONTAL ALIGNMENT AND GRADE OF EXISTING SEWER MAIN STUB, ELEVATIONS PER GRADING PLANS, COORDINATE VENT PIPING, CLEANOUTS, & 1. THE LOCATIONS OF EXISTING UNDERGROUND UTILITIES ARE 2604 ADJUST SSMH#1 AOSRNEONTAL CESSARY,GADMUSTNEW UPSENT AND DTREOAM PIPEER ACCORDINGLY TO POINT OF CONNECTION POC WITH PLUMBING PLANS. SHOSHALL DETERMINE TN IN AN OXIMATE HE EXACT LOCATION OF ALAY ONLY.THE L EXISTING I 0 NEW SSMH #1 (POC) TING 3 NEW SSMH #2 9. UTILITY TRENCH REPAIR PER ISPWC SD-301 &SD-303(ACHD SUPPLEMENTAL). SEE I I STA: 0+70.32 ORDER TO MAINTAIN DESIGN PIPE SLOPES, PROVIDE DETAILED AS-BUILT ACHD NOTES 3&4 ON SHEET C0.1. SEE GENERAL NOTE 3 THIS SHEET. UTILITIES BEFORE COMMENCING WORK.THE CONTRACTOR STA: 4+65.32 RIM = 2606.61 INFORMATION TO PROJECT ENGINEER. ASSUMES ALL RESPONSIBILITY FOR ANY AND ALL DAMAGES RIM = 2607.95 I I INV IN (E) = 2590.03 (8") 2. REMOVE EXISTING SSCO N14-469 AND EXTEND MAIN PER ISPWC AND CITY OF NON-POTABLE MAIN/SERVICE OR SERVICE/SERVICE INTERFERENCES. CAUSED BY HIS FA ILURE TO EXACTLY UTILITIES.LOCATE AND PRESERVE INV IN (E) = 2591.71 (8") 2600 2600 I I MERIDIAN STANDARDS. 10. SEE CITY OF MERIDIAN WATER NOTE 3 ON SHEET C0.1 FOR POTABLE ANY AND ALL UNDERGROUND = ,� L I N D G R E N = L A 6 R I E INV OUT (W) 2589.93 (8 ) 11. SEE CITY OF MERIDIAN WATER NOTE#2 ON SHEET C0.1 FOR POTABLE I INV OUT (W) 2591.61 (8 ) I I 2. SEE CITY OF MERIDIAN STANDARD SEWER NOTES ON SHEET C0.1. I I 2 EX SSCO N14-469 3. INSTALL STANDARD 48-INCH I.D. SEWER MANHOLE TYPE A PER ISPWC SD-501. NON-POTABLE MAIN INTERFERENCES. 0 NEW SSCO#1 A R C H I T E C T U R E I I STA: 0+00.00 4. INSTALL'T' TYPE CLEAN OUT PER CITY OF MERIDIAN STANDARD DRAWING No.S1. 3. PAVEMENT UTILITY CUT(TRENCH REPAIR)WIDTH SHOWN IS STA: 5+27.32 I I 12. EXISTING 8"WATER MAIN,TOP PIPE _±2601.7, BOTTOM PIPE_±2600.9 BASED ON CONCEPTUAL ONLY. CONTRACTOR SHALL ADJUST WIDTH AS I I COVER = 2605.76 5. INSTALL 8-INCH SEWER MAIN PER ISPWC STANDARDS, SEE SHEET 0.2 FOR DETAILS. ASSUMED 48"COVER(TO BE CONFIRMED BY CONTRACTOR) NECESSARY TO INSTALL SEWER MAINS, MANHOLES,AND COVER = ±2607.93 I I 8 INV OUT (W) _ ±2589.45 6. INSTALL SEWER SERVICE TYPE"B"PER ISPWC SD-601 (ACHD SUPPLEMENTAL), PIPE FIELD FIT 4"AND 6"SEWER SERVICES AND GREASE INTERCEPTOR, PLACE SEWER SERVICES. 8 IN OUT (W) = 2591.96 2596 I I SIZE PER PLAN. SERVICES 18"BELOW WATER MAIN OR USE WATER CLASS PIPE (PVC AWWA C900 4. NEW SEWER MANHOLES&CLEAN-OUTS WILL BE ASSIGNED AN 2596 I I 7. INSTALL 4"x 6"WYE. OR ASTM D2241 PVC PRESSURE PIPE). I.D.#BY ASSET MANAGEMENT AT TIME OF RECORD DRAWINGS. 8. INSTALL 1,500 GALLON GREASE INTERCEPTOR(PRODUCT SUBMITTAL REQUIRED) 13. EXISTING SEWER SERVICE, SEE DEMOLITION PLANS FOR INSTRUCTIONS& W/TWO(2) STANDARD MANHOLE COVERS&FRAMES PER ISPWC SD-507, RIM COORDINATE WITH CITY OF MERIDIAN SEWER DEPARTMENT. I I 5 NEW 62.0 LF 8" SS @ 0.40% 2592 I I I ° 1 5 NEW±70.3 LF 8" SS @ ±0.67% 5 NEW 395.0 LF 8" SS @ 0.40% 2592 �rSi� ►4L�Y Q EX 40 LF 8 @ 0.67/° MATCH SLOPE OF EX PIPE) WING INFO ( a�pti sr�9� y I (RECORD DRAWING IN - ) I I__ INSTALL THREE FULL-LENGTH PIPE SECTIONS 264 A L_ --------- --------- SEWER PROFILE V *F r�OF I�p -0+60 -0+40 -0+20 0+00 0+20 0+40 0+60 0+80 1+00 1+20 1+40 1+60 1+80 2+00 2+20 2+40 2+60 2+80 3+00 3+20 3+40 3+60 3+80 4+00 4+20 4+40 4+60 4+80 5+00 5+20 5+40 t',gA(APP O 5/6/ I U I *S0 � FEI El KEOQ ® � � Te O O Q E 0 ® BIKE WSD SD SD 2 EX SSCO N14-469 6 8"SS INV=±2589.69 8"SS INV=±2590.54 6 1 8"SS INV=±2591.10_ ° --- ---------- ❑1 0 1 178° 10 10 -rt----------------------- ---- 10 - ----- � , M8' 1+00 2+00 i 3+00 4+00 --� ------ -__-5+00---J 1 00 8"S 8. =8' O 0 EX SSMH N12-585 EX 40 LF 8" @ 0.67% i i 90° i v 90° I i 90° i i r J (RECORD DRAWING INFO 1 10 1 r------------ -----------r------------------b------ - ---------------------- ----- --------------------------------------!--------------------- r _r----- --------------------------!--------------------- ----J -------- ---------------- -- � � ) NEW SSMH #1 0 11.0' T 10 iE . I D A H0 AVENUE NEW SSMH#2 3 �° g No NEW SSCO#1 4to uJ a (y I to---------- ---------So--- I `9-1 SOUTHERN LIMITS OF NEW PAVEMENT TO COINCIDE WITH g 1 i ■ 12-ISD ■ 1 � 1 I I i I STRIPED CENTERLINE, NORTHERN LIMITS TO COINCIDE 9 1 8"W 'W 7 I WITH STRIPED PARKING LANE(SEE SHEET C5.0) 1 I 7 4"SS INV=±2602.82 i I W (o 4"SS INV IN=±2603.26, ,� I 6"SS INV=±2602.74 1 1 0 10 12 10 12 4"SS INV OUT=±2603.09 8 10 ' I 10 i I ■ •L U. I m I ----- ----- I I 1 I E❑ L.� 1---- ------ g .W 8' B..W 8"W 8.. B..W ,W I - M 1 O W 8 I W 11V - u� _- -________=___ - ________ _ ______ == C 0 O ■ 06 - � J I LLI ----- R/' --- - - RIW - - - - R/W > > BUILDING FOUNDATION PER o 6"SS WASTE LINE INV @ POC=2601.82, 4"SS GREASE LINE INV @ POC=2602.82, 4"SS GREASE LINE INV @ POC=2603.32, 6"SS WASTE LINE INV @ POC=2603.32, STAMP"S"IN SIDEWALK AT PIPE CENTERLINE w COORDINATE WITH PLUMBING PLANS COORDINATE WITH PLUMBING PLANS COORDINATE WITH PLUMBING PLANS COORDINATE WITH PLUMBING PLANS 0) 0 STRUCTURAL DRAWINGS, TYP 6-INCH FLOOR STEP ; o + I n II SEE STRUCTURAL_ DRAWINGS 6"SS SERVICE STUB Oo �505 �_ (6 NEW MIXED USE B U I L D I N G B - --- FOR FUTURE CONNECTION ° o@ ���J b o ❑ 6"INV=2603.00 @���I T .- � o 0 0 ; o oI - FFE 2606.82 FFE 2607.32CN4 LLI Q° I SCo ° I I � M 00 b 0 - - ■ - -L- _, 00 0 O 0 PIL L.L.I06 - Q ° ° i--i IG G 6-INCH FLOOR STEP �° m o o� UJ N )EGATE ■ 3 0 0 0 0 ❑ SEE STRUCTURAL DRAWINGS D 5 0 0 ����Q L.I. 4�-0 a 1 FFE 2606.32 TUCK UNDER PARKING AT GROUND LEVEL TUCK UNDER PARKING AT GROUND LEVEL j a ° m o o a GI O U o O o� U d _ LL W C _ '- I Q )ic Q 00 BI c LU ° 0 0 0 a BUILDING TO REMAIN E ° , ' J o W o 00 L____ rn o° o o°q I EX SEWER SERVICE TO REMAIN z o000 000 G G Q �o 0000 o❑ 0 00 Z '',SI3 6"S OOOO OO EOOOO OOO o � ___ ___ _______________ _______% TUCK-UNDER PARKING AT GROUND LEVEL o❑o°o° 0 0 o ti r FFE 2606.32 a -1 1 r 0 0❑0 0 0 I N I Z e 000000d 10000 0 Y 00000° 1 000 000, / _� 000 0000 N I - -- -- TUCK-UNDER PARKING z c° CARPORT EX SEWER SERVICE TO REMAIN I = AT GROUND LEVEL • I o 1 � . ....... I @�,O EX SSMH N14-28 I RIM = 2608.76 8" INV IN (E) = ±2599.88 - - 0 ` ° - - 8' INV OUT(W) _ ±2599.78 w_ GI R/W R/W R/VV -its RIW R/W ------------- I I L___ ,r __J ___________________TV EX SSMH N 12-584 I v Tv ry -- Tv 1` --------t WOO RIM = 2605.64 I T G T G T .. .. T ST g� $,•S �I 8 s a s $..S - 8„S �� 8'•S .. G G -G .............L I----_• ..................1 J----------- G G 8" INV IN (E) _ ±2596.74 U _ ACHD ALLEY F/o /o T F/O --------- -- ---------T----------------� �� - --- I ---- ------------ -- CHANNELFL =2588.47 - --------- -- -- - HP O a�;''', 8"GI 8"GI 8w�- 8"GI GI IT- -U-GP - UGP - - - Q� ----- �T :e1T LL i -'J`= ` KIVV -- U 8"GI R1W - - O�HP O 1--------- -- ---------- - 8�'GI r'o,j - -----------------rt21Vit-------_------rttiVtt------ -- ---- -- �T - �t1Vtt--T - - f�NV - �,� RIW =__ I T------ T C 1 'LU EX SEWER MAIN TO REMAIN 1 - 1 W ' I ' Q LU o w O 13 13 0 ' -- --: 0 TR O a CARPORT - U O MON SIGN �d C N 1 o w 1 / TUCK-UNDER PARKING AT GROUND LEVEL � X1 I r � � O m 0 0 0 0 0 0 0 0 0 - - zLa ° "A" - _ SEEPAGE BED Q --------------- I I G APPROVED FOR CONSTRUCT i ; I s"RD I I L 6" h - QLPE PLAN REVIEW i _.. I I r----- --� r---------i I'1 i I These plans and/or specifications have been 1 I 1 reviewed by a Qualified Licensed Professional 1 I O COPYRIGHT @ 2019 Lindgren:Labrie 1 0�� I I TUCK-UNDER PARKING AT GROUND LEVEL Architecture, PLLC Any use, reproduction Engineer (QLPE) for compliance with IDAPA w o�Q�� �� ° i or modification of the documents or the 58.01.08 and 58.01.16 as allowed under 0 0� �� ti __ information contained herein without the ° -- Idaho Code 39-118. If construction does not i �� O� i i ; ; prior permission of i p 1 BUILDING FOUNDATION PER Lindgren:Labrie Architecture, PLLC commence within twelve (12) months of this - �� I I N I i o TYP violates the Copyright laws of the United approval date, plans and/or specifications z ----- ;- .. STRUCTURAL DRAWINGS, LLJ z i r = = States and will subject the violator to must be resubmitted for review. _ I Y FFE 2609.44 g o w - I legal prosecution. LL BUILDING TO REMAIN U ;- '--Y DRAWING SET ISSUED FOR NEW MIXED USE BUILDING "All o�us,g"�ay: I I � ' -- -- ~ CITY PERMIT S E T I I I 11621 5/28/2019 I � I I i -'L - - ,17A2F17973EF4E=... 6"F _ _..a.. Lic. No. Date Keller Associates, Inc. • 208-288-1992 o GREASE LINE INV @ POC=2604- O COORDINATE WITH PLUMBING PLANS __ _______ � 3 i 4"SS GREASE LINE INV @ POC=2606.11, 5"SS WASTE LINE INV @ POC=2604.52, ~r PIV "' I COORDINATE WITH PLUMBING PLANS COORDINATE WITH PLUMBING PLANS ' SEWER PLAN N TM FDCo F I F; I ' I t. - Vt - . LL O I; . - - - - - - - & PROFILE 1pt( Z T - - R ® R/W OW ® ❑ /W R - - (t/ ❑ T e ® (] Q " ------ -- ---- � I - --------------------- 9r I LL 4 SS INV IN-+2605.94, - 8 AWING SHEET REVISIONS GI 8 I 8 GI 8"GI 8"GI 8"GI 8"GI 8"GI 8"GI I 8"GI $"GI ` f 4"SS INV=±2604.22 MAX ---- I ' _ -- 7 V=±2604.04 _ _T - DR -- �- i �- -- --- -- - ---- --- --- ----ABANDON EDw,�Tf��+n�E ----------------' -------------- -------------------- RECORD DRAWING INFO -ASANt�on�D1 �n►A�ER�I�-- N-N- - 4"SS INV OUT=±2605.77 s '•-� - - - -- ----- --ABANDONED s"w�aTEI�LI�dE- ----- Q DATE REMARKS �►- ---------------------------- -------------------------- ---------------------------------- ------------------------------------------------------------------ --------------------------------- EX SSMH N14-140 -------------------------------------------------- ------- �- _ o..W o RIM = ±2606.17 I II N N 10"W 1 o"W 18" INV IN (E) = ±2593.19 10"w i i 1 o"W 10"W I 8,1 0"W 10"W 10"W 10"W AQUASHIELD O „ = - L------ 4"SS INV IN=±2604.70, 10 I c� 18 INV OUT (W) +2593.09 g 10 I 10" ° 1 o"w 4"SS INV OUT=+2604-53 LL r, _ ----------18" 1 O� --1� 18"S 18"S- - -1�.. 18'S ----------- ------ _1 �O 1 EX 251 LF 18" PVC } - 18 S 1 18"S EX SSMH N14-462 18"s 18"S 1 6 s"SS INV=±2593.24 w �O (RECORD DRAWING INFO) RECORD DRAWING INFO ❑ EX SSMH N14-141 E B R O A D W A YI A V E N U E �a•� EX SSMH N14-306 wO O❑ ❑ aS..56 O❑ 15"SD 15"SD 15"SD 15"Sp 15"SD -15"SD O❑ 15"SD ❑ 15"SD RIM = ±2609.45 C�E I�Do * APPROVED FOR 18" INV IN (E) _ ±2593.37 X 1 co 18" INV IN (S) _ ±2594.13 DRAWN BY: BEA a W - CONSTRUCTION 18" INV OUT(W) _ ±2593.27 cli These plans and/or specifications have been reviewed for JER Z o compliance with Meridian City Standards and Specifications. G1 CHECKED BY: N O This review does not relieve the owner, engineer, or contractor 6 MAY 2019 Zof the responsibility to design and/or construct those facilities DATE: W in compliance with all current applicable federal, state and local � "GI laws, rules, regulations, ordinances, development agreements, W SCALE: AS NOTED N SEWER PLAN SSCO specifications, orders or approvals, all of which the City retains v� o the right to enforce. Inconsistencies not noted by City staff shall R171127 I not be construed as approved unless specifically addressed FJOB NO. in writing by the City. Any proposed revision to these plans must 20 0 20 40 be submitted for review and compliance with the Meridian City Standards and Specifications before said revision is constructed. W RENN150NENGINEERING C401 Name Date PO Box 1001 Eagle, Idaho 83616 P: 208-938-2440 a Meridian City Council Meeting Agenda March 24,2020- Page 158 of 323 ADA COUNTY RECORDER Phil McGrane 2020-008562 BOISE IDAHO Pgs=16 BONNIE OBERBILLIG 01/22/2020 03:38 PM ADA COUNTY HIGHWAY DISTRICT NO FEE LAC2020-0001 Main2Meridian Mixed Use Development/ COM19-0082 T 3N R I E Sec 07 (space reserved for recording) TEMPORARY LICENSE AGREEMENT THIS JEMPORARY LICENSE AGREEMENT (the "Agreement") is made and entered into this Zlf-- day of. r _ 2020, by and between the Alec, COUNTY" HIGHWAY DISTRICT, a body politic and 'Corporate of the state of Idaho, ("ACHD") and City Center Redevelopment, LLC ("Licensees"). W I T N E SETH: For good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties: SECTION 1. RECITALS. 1.1 Licensee owns the real property adjacent to the public right-of-Way located in Ada County, Idaho, municipally described as 03 E. Idaho Avenue and 703 H. Main Street, and more particularly described on Exhibit "A" attached hereto ("Licensee's Property"). 1.2 ACHD owns and has exclusive jurisdiction over the public right-of-way adjacent to Licensee's Property, located in Ada County, Idaho, municipally described as E. Idaho Avenue and N. Main Street both located in Meridian, III 83042 more particularly described and/or depicted on Exhibit "B" attached hereto (the "Right-of-Way"). 1.0 Licensee desires a license to use the Fight-of-Way for the limited purposes hereinafter set forth, and, for the consideration and on the terms and conditions hereinafter set forth, ACHD is willing to extend such license to Licensee. SECTION 2. LICENSE LICENSE NOT EXCLUSIVE. 2.1 On the terms and conditions hereinafter set forth, ACHD hereby extends to Licensee a license on, over, across and under the Right-of-Way for the following Uses and purposes ("Authorized Lase") and no others: Licensee is to construct, install, and maintain features consisting of (4) grease interceptors and the associated piping per the ACHD approve' civil drawings located within ACHD right-of-way along E. Idaho Avenue and N. Main Street Pretreatment devices (e.g. grease interceptors) situated within the ACHD Right-of-Way must he inspected and maintained as per Meridian Pretreatment Ordinance 9-2-1. Licensee to TEMPORARY LICENSE AGREEMENT- Page 1 (3129/06) Meridian City Council Meeting Agenda March 24,2020— Page 159 of 323 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 Right-of-Way 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 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 it 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 in the Right-of-Way or the installation or construction of improvements by Licensee in the Right-of-Way 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, non-transferable, and merely a permissive use of the Right-of-Way 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. SECTION 5. TERM. 5.1 The term of this Agreement will commence on the V s% day of Te ­-4 2 202 O , and will continue until terminated by either party, with or without cause, which termination shall be effective following THIRTY (30) DAYS advance written notice of termination given the other party. 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). TEMPORARY LICENSE AGREEMENT- Page 2 (3/29/06) Meridian City Council Meeting Agenda March 24,2020— Page 161 of 323 Licensee shall have such thirty (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 under the Right-of-Way for the purposes of accomplishing such repair and maintenance. 7.2 If the Highway on and/or adjacent to the Right-of-Way is damaged as a result of: (i) the performance by Licensee of the maintenance required by section 7.1, 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 Right-of-Way 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 Right-of-Way 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 Right-of-Way as may be required in connection with any construction or installation of Improvements by Licensee in the Right-of-Way. 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 Right-of-Way 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 Licensee may elect to terminate this Agreement in lieu of complying with this responsibility, and further 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 TEMPORARY LICENSE AGREEMENT- Page 3 (3/29/06) Meridian City Council Meeting Agenda March 24,2020— Page 162 of 323 and/or reconstruction of the Highway and also licenses Licensee such additional area of its right-of-way, 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 under ACHD 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. Licensee shall have no right, title or interest in or to the Right-of-Way 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 Right-of-Way, 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 Right-of-Way to at least its present condition. Should Licensee fail or neglect to promptly remove the Improvements and restore the Right-of-Way, 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 Right-of-Way 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 Right- of-Way under this Agreement is for landscaping in ACHD right-of-way 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 right-of- way 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 Right-of-Way. 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 Right-of-Way or properly construct, install, plant, repair or maintain the Improvements thereon, or that otherwise result from the use and occupation of the Right-of-Way by Licensee, and including any attorney fees and costs that may be incurred by ACHD in defense of such claims or actions indemnified against by Licensee hereunder. For claims or actions arising out of failures or neglects occurring during the term of this Agreement Licensee's obligations pursuant to this section shall survive the termination of this Agreement. TEMPORARY LICENSE AGREEMENT- Page 4 (3/29/06) Meridian City Council Meeting Agenda March 24,2020— Page 163 of 323 SECTION 15. COMPLIANCE WITH LAW; WASTE AND NUISANCES PROHIBITED. In connection with Licensee's use of the Right-of-Way, 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 Right-of-way 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 Right-of-Way. 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 cannot sell, assign or otherwise transfer this Agreement, the license herein extended, or any of its rights hereunder except with the prior written consent of ACHD, which consent will not be granted unless 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 attorneys' 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 N. Adams St. Garden City, Idaho 83714 If to Licensee: City Center Redevelopment, LLC 430 E. State Street, Suite 100 Eagle, ID 83616 SECTION 19. SUCCESSORS AND ASSIGNS. This Agreement, the license herein extended, and the covenants and agreements herein contained shall inure to the benefit of and be binding TEMPORARY LICENSE AGREEMENT- Page 5 (3/29/06) Meridian City Council Meeting Agenda March 24,2020— Page 164 of 323 upon the parties hereto and their successors and, if consented to by ACHD under section 16, Licensee's assigns. SECTION 20. EXHIBITS. All exhibits attached hereto and the recitals contained herein are incorporated herein as if set forth in full herein. SECTION 21. RECORDATION. This Agreement shall be recorded by ACHD upon execution in the Official Real Property Records of Ada County, Idaho. SECTION 22. Warranty of Authority to Execute. 22.1 The person executing this Agreement on behalf of ACHD represents and warrants due authorization to do so on behalf of ACHD, and that upon execution of this Agreement on behalf of ACHD, the same is binding upon, and shall inure to the benefit of, ACHD. 22.2 If Licensee is not a natural person, the person executing the Agreement on behalf of Licensee represents and warrants due authorization to do so on behalf of Licensee, and that upon execution of this Agreement on behalf of Licensee, the same is binding upon, and shall inure to the benefit, of Licensee. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed the day, month and year first set forth above. LICENSEE: City Center Redevelopment, LLC By: Caleb Roope Its: Manager TEMPORARY LICENSE AGREEMENT- Page 6 (3/29/06) Meridian City Council Meeting Agenda March 24,2020— Page 165 of 323 STATE OF IDAHO ) ) Ss. County of Ada ) This record was acknowledged before me on by Cwf-�i� EML [date] [name(s) of individual(s)] as Y1 [type of aut6brity, such as officer or trustee] of L [nanje of party on behalf of whom rdcord was executed] Signat re o notary public ICATIE CALLEN COMMISSION#65899 NOTARY PUBLIC STATE OF IDAHO [COMMISSION EXPIRES 07/M2021 - - - - - - - - - - - - - My commission expires: TEMPORARY LICENSE AGREEMENT- Page 7 (3/29/06) Meridian City Council Meeting Agenda March 24,2020— Page 166 of 323 ADA COUNTY HIGHWAY DISTRICT /I By: William J. Gall Its: Development Review Supervisor STATE OF IDAHO ) ) ss. County of Ada ) This record was acknowledged before me on 20_ by William J. Gall as Development Review Supervisor of the-Ada County 'g way District. Signature of notary public TAMARA TUCKER NOTARY PUBLIC STATE OF IDAHO COMMISSION#60975 My commission expires: — � Z 7 EXHIBITS Exhibit A- Description of Licensee's property Exhibit B- Depiction of ACHD Right-of-Way and Licensee's Use of the ACHD Right-of-Way The Ada County Highway District(ACHD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations and directives. ACHD assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any ACHD service, program or activity. TEMPORARY LICENSE AGREEMENT- Page 8 (3/29/06) Meridian City Council Meeting Agenda March 24,2020— Page 167 of 323 A ADA COUNTY RECORDER Phil McGrane 2019-016214 BOISE IDAHO Pgs=2 CHE FOWLER 02/2812019 02:33 PM TITLEONE B015E $15.00 RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: MERIDIAN DEVELOPMENT CORPORATION 101 E.Fairview Avenue,Suite 239 Meridian,Idaho 83642 WARRANTY DEED For value received THE MERIDIAN DEVELOPMENT CORPORATION,.an urban renewal agency created under the laws of the State of Idaho, ("Grantor"), conveys, ,grants,bargains, and sells to City,Center Redevelopment, LLC, an Idaho limited Liability Company ("Grantee,,), whose cat address is 430 East, State Street, Suite 100, Eagle, Idaho, and its successors and assigns forever, the following described real property commonly known as 33 E.Idaho Ave.,situated in Meridian,Ada County,State of Idaho: Lots 21,22,23,24,25, 26, 28,29, 30, 31 and 32 in Block 2 of The Amended plat of Townsite of Meridian, according to the official plat thereof, filed in Book 1 of Plats at Page 30,official records of Ada County, Idaho. SUBJECT TO taxes and assessments for the current year and all subsequent years, together with any and all•existing easements, rights-of-way, reservations, restrictions and encumbrances :of record, to any existing tenancies,to all zoning laws and ordinances,and to any state of facts an accurate survey or inspection of the premises would show. - This conveyance shall include any and all estate, right, title, interest, appurtenances, tenements, hereditaments, reversions, remainders, easements, rents, issues, profits, rights-of-way and water rights in anywise appertaining to the property herein described as well in law as in equity. The Grantor covenants to the Grantee that Grantor is the owner in fee simple of said real property,that the real property is free from all encumbrances,excepting those as may be herein set forth,and excepting those of record,and that Grantor will warrant and defend the same from all lawful claims; All rights and interests to the above described real property granted and conveyed herein by Grantor to Grantee shall revert back to the Grantor immediately if,by May 30,2019,Grantee has not completed demolition of all structures located on and commenced development of the real property described as the North half of Lots 12, 13, 14, 15 and 16 in Block 2 of the Amended Townsite of Meridian,according to the Official Plat thereof,Filed in Book 1 of Plats at Page 30,records of Ada County, State of Idaho and the real property more specifically described as Lots 21, 22,23,24,25, 26,28,29, 30,31 and 32 in Block 2 of The Amended Plat of Townsite of Meridian,according to the official plat thereof,filed in Book 1 of Plats at Page 30,official records of Ada County,Idaho. This right of reversion runs with the land and shall be binding upon the Grantee and all its successors, heirs, transferees and assigns,if any. Warranty Deed—Page 1 Meridian City Council Meeting Agenda March 24,2020— Page 168 of 323 IN WITNESS WHEREOF, r the Grantor has executed this instrument on this ay of February 2019. GRANTOR ZME DEVELOPMENT CORPORATION A T: Dave Winder,Chairman Steve lassek,Secretary STATE OF IDAHO )ss. County of Ada This record was acknowledged before me® , 2019 by Dave Winder and Steve Vlassek on behalf of the Meridian Development Corporation, 'n their capacities as Chairman and Secretary,respectively. (sip) .Notary Signature My con ssiotti Facp. �! pU$L�C t� s r Warranty Deed—Page 2 Meridian City Council Meeting Agenda March 24,2020— Page 169 of 323 ADA COUNTY RECORDER Phil McGrane 2019-016213 BOISE IDAHO Pgs=2 CHE FOWLER 02/28/2019 02:33 PM RECORDING REQUESTED BYAND TITLEONE BOISE $15.00 WHEN RECORDED RETURN TO: MERIDIAN DEVELOPMENT CORPORATION 101 E.Fairview Avenue,Sure 239 Meridian.Idaho 8.4642 IF P- 0 113 s► /sue WARRANTY DEED For value received THE MERIDIAN DEVELOPMENT CORPORATION,an urban renewal agency created under the laws of the State of Idaho, who acquired title as Urban Renewal Agency of the city of Meridian, Idaho,also known as Meridian Development Corporation, an independent public body corporate and politic,organized under the laws of the state of Idaho("Grantor"),conveys,grants,bargains,and sells to City Center Redevelopment,LLC,an Idaho limited Liability Company("Grantee"),whose current address is 430 East State Street,Suite 100,Eagle, Idaho, and its successors and assigns forever,the following described real property commonly known as 713 N.Main St.,situated in Meridian,Ada County, State of Idaho: Lot 3 in Block 1 of Renewal Place Subdivision, according to the official plat thereof, filed in Book 106 of Plats at Pages 14631 through 14633, records of Ada County, Idaho. SUBJECT TO taxes and assessments for the current year and all subsequent years, together with any and all existing easements, rights-of-way, reservations, restrictions and encumbrances of record, to any existing tenancies, to all zoning laws and ordinances, and to any state of facts an accurate survey or inspection of the premises would show. This conveyance shall include any and all estate, right, title, interest, appurtenances, tenements, hereditaments, reversions, remainders, easements, rents, issues, profits, rights-of-way and water rights in anywise appertaining to the property herein described as well in law as in equity. The Grantor covenants to the Grantee that Grantor is the owner in fee simple of said real property;that the real property is free from all encumbrances,excepting those as may be herein set forth,and excepting those of record,and that Grantor will warrant and defend the same from all lawful claims. All rights and interests to the above described real property granted and conveyed herein by Grantor to Grantee shall revert back to the Grantor immediately if,by May 30,2019, Grantee has not completed demolition of all structures located on and commenced development of the real property described as Lot 3 in Block 1 of Renewal Place Subdivision,according to the official plat thereof, filed in Book 106 of Plats at Pages 14631 through 14633,records of Ada County, Idaho. and the real property more specifically described as Lots 21, 22, 23, 24, 25, 26, 28, 29, 30, 31 and 32 in Block 2 of The Amended Plat of Townsite of Meridian, according to the official plat thereof, filed in Book 1 of Plats at Page 30, official records of Ada County, Idaho. This right of reversion runs with the land and shall be binding upon the Grantee and all its successors, heirs, transferees and assigns, if any. Warranty Deed—Page 1 Meridian City Council Meeting Agenda March 24,2020— Page 170 of 323 RECORDING REQUESTED BYAND !<LECTR4NtCALIY fiECOFti WHEN RECORDED RETURN TO; MERIDIAN DEVELOPMENT CORPORATION STAMPED FIRST PAGLr t,,WCORPO"tATED AS PA01 101 E.Fairview Avenue,Suite 239 THE t)RIUtfl#Al_iDOCLIMEN.I Meridian,Idaho 83642 I8' �'� ai13 sr /sue WARRANTY DEED For value received THE MERIDIAN DEVELOPMENT CORPORATION,an urban renewal agency created under the laws of the State of Idaho,who acquired title as Urban Renewal Agency of the city of Meridian, Idaho, also known as Meridian Development Corporation, an independent public body corporate and politic, organized under the laws of the state of Idaho("Grantor"),conveys,grants,bargains,and sells to City Center Redevelopment,LLC,an Idaho limited Liability Company("Grantee"),whose current address is 430 East State Street,Suite 100,Eagle,Idaho,and its successors and assigns forever,the following described real property commonly known as 713 N.Main St.,situated in Meridian,Ada County,State of Idaho: Lot 3 in Block 1 of Renewal Place Subdivision, according to the official plat thereof, filed in Book 106 of Plats at Pages 14631 through 14633,records of Ada County, Idaho. SUBJECT TO taxes and assessments for the current year and all subsequent years, together with any and all existing easements, rights-of-way, reservations, restrictions and encumbrances of record, to any existing tenancies,to all zoning laws and ordinances, and to any state of facts an accurate survey or inspection of the premises would show. This conveyance shall include any and all estate, right, title, interest, appurtenances, tenements, hereditaments, reversions, remainders, easements, rents, issues, profits, rights-of-way and water rights in anywise appertaining to the property herein described as well in law as in equity. The Grantor covenants to the Grantee that Grantor is the owner in fee simple of said real property;that the real property is free from all encumbrances,excepting those as may be herein set forth, and excepting those of record,and that Grantor will warrant and defend the same from all lawful claims. All rights and interests to the above described real property granted and conveyed herein by Grantor to Grantee shall revert back to the Grantor immediately if,by May 30, 2019,Grantee has not completed demolition of all structures located on and commenced development of the real property described as Lot 3 in Block 1 of Renewal Place Subdivision, according to the official plat thereof, filed in Book 106 of Plats at Pages 14631 through 14633,records of Ada County,Idaho. and the real property more specifically described as Lots 21, 22, 23, 24, 25, 26, 28, 29, 30, 31 and 32 in Block 2 of The Amended Plat of Townsite of Meridian, according to the official plat thereof, filed in Book 1 of Plats at Page 30, official records of Ada County, Idaho. This right of reversion runs with the land and shall be binding upon the Grantee and all its successors, heirs, transferees and assigns, if any. Warranty Deed—Page 1 Meridian City Council Meeting Agenda March 24,2020— Page 171 of 323 IN WITNESS WHEREOF,the Grantor has executed this instrument on thisday of February 2019. GRANTOR ME .' IAN DEVELOPMENT CORPORATION jSteve Dave Winder,Chairman V ssek,Secretary STATE OF IDAHO ) )ss. County of Ada ) This record was acknowledged before me on1 , 2019 by Dave Winder and Steve Vlassek on behalf of the Meridian Development Corporation,in eir4 capacities as Chairman and Secretary,respectively. (stamp) V., �' �L& �' «�« Notary Signature 1 NM ( ► My Commission Expire tl o►> A+UBLtC . F Warranty Deed—Page 2 Meridian City Council Meeting Agenda March 24,2020— Page 172 of 323 �1 ADA COUNTY RECORDER Phil McGrane 2019-025864 ACCOMMODATE }f BOISE IDAHO Pgs=1 LISA BAIT 04/021201912:59 PM G TITLEONE BOISE $15.00 i�ECORDiN Warranty Deed For value received, Novembrewhisky Properties,LLC,an Idaho limited liability company the grantor,does hereby grant,bargain,sell,and convey unto City Center Redevelopment,LLC,an Idaho limited liability company whose current address is 430 East State Street,Suite 100,Eagle,Idaho the grantee,the following described premises,in Ada County,Idaho,to wit: Lot 2 in Block 1 of Renewal Place Subdivision,according to the official plat thereof,filed in Book 106 of Plats at Pages 14631 through 14633,official records of Ada County, Idaho. To have and to hold the said premises,with their appurtenances unto the said Grantee,its heirs and assigns forever. And the said Grantor does hereby covenant to and with the said Grantee,that Grantor is the owner in fee simple of said premises;that they are free from all encumbrances except those to which this conveyance is expressly made subject and those made,suffered or done by the Grantee;and subject to all existing patent reservations,easements, right(s)of way,protective covenants,zoning ordinances,and applicable building codes,laws and regulations, general taxes and assessments, including irrigation and utility assessments(if any)for the current year,which are not due and payable,and that Grantor will warrant and defend the same from all lawful claims whatsoever.Whenever the context so requires,the singular number includes the plural. Dated: March 25,2019 No mbre roperties,LL n Idaho limited liability company t- J ua A.Evarts,Manager State of 'rat'" County of Az 'Ss. On this day of�0/ 2019,before me,the undersigned,a Notary Public in and for said State, personally appeared Joshua A. E a� rts,known or identified to me to be a Manager of the limited liability company that executed the within instrument and acknowledged to me that he executed the same for and on behalf of said limited liability company and that such limited liability company executed it. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. CATHERINE E NOBLE Notary Public for Idaho COMMISSION NO,2gn9 NOTARY PUBLIC My Commission Expires: -O 30 a 'oZ� STATE OF ICAMO Meridian City Council Meeting Agenda March 24,2020— Page 173 of 323 R RENNISONENGINEERING11 PO Box 1001 Eagle,Idaho 83616 P.208.938.2440 Plans Are Accepted For Public LINDONEN:LABRIE �j � OUT Street Construction A a O s!r r. c i u R e dPL�J• Y �■". 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UNDERGROUND'r- MODIFICATION'S TO PU __e .M� - • 77>rTlTl%3']7TTL7/TT7TT Tl SEE SHEET C4.4 SEE SHEET CA.5 f \ o REALIGNMENT OF EX WATER SERVICE CENTURYLlNK SEE SHEET C4.2 I t \: \, \ LINE € TO BE RELOCATED UNDER SIDEWALK I TucAux"ERrARRxeATa°wxo Y SEE SHEER C45 Co ®]Ot"latlaenlnble -eel"$v«4Y3- I /`>" I _ .., A \ mam"a'malronam Taommexurc d 44" Y q _y e �� "� I ELECTRICAL ROOM BUILDINGFOUNDATIONPER umRrcn iaweaanew.e,vue STRUCTURAL DRAWINGS,TYP �"�"+•�anuN l.vsame uao-a FIRE LINE 8 DUEL METERED DRAL AIIG&ET 183UED FOR ' EX SUBSURFACE STORMWATER I:. SERVICE TO RISER ROOM I NEW MIXED USE BUILDING ' 1 DISPOSAL SYSTEM TOIREMAIN SEE SHEETC42 CITYPERMIT SET & i .. �'�✓�1<' � �tGGl.Lul.<,L,r rJllf:d RDDM \ ,, Y .-_ OVERALL r�.� ---`—� •��" 9"" '}— � i -1 _ LEI+ ; ) UTILITY PLAN DRAWING SHEET REVISIONS __T--------- __._ _--__—__ ___ --.1BARaeRPeb M'ATFalME _ SATE REMM"3 ■ ! Rh i k AQw Ilwa ------ a•w .ova ---,o",.. ,^ o E. BROADWAY AVENUE _ ^ BEA 14 JUNE 2019 OVERALL LTTHXrY PLAN ■ -- scA E. AS NOTED SEWER SERVICE TO SERVE GROUND FLOOR ,aa- R171127 ! w u so w COMMERCIAL SPACES PITH 2 GREASE INTERCEPTORS)g UPSTAIRS APARTMENTS A "O SEE SHEET C4.1 4 Meridian City Council Meeting Agenda March 24,2020— Page 174 of 323 NONE MENEEMEMEM IM10=- ® 031, -- © OSEWER KEYNOTES SEVITR NOTES OPDMTONAINTAIN DESIGN PIPE SLOPES.PROVIDE Di�-T i �m. u OEMINN m ■��,� ch cone 4. MEN 7",ST MEN E ®�I 1 .. )—drazVOW 1500-gallon grease interceptor - ' o�pC © o and 4-inch sewer service line La p �respons b ity of Cainterancty ofMerid service (No oftypilcal)s ar - e ©� 00 .Lr;�o 0 oil _ c o ■■■iii■■ -J 01 eJ Cl■ ® -J {I !e ,aye■■lt1 ?�! - mutual -J:■milm ■■■®■■■■,■■i� ��i�■ 'f ■ a�L: ■C17r.■■■r■P�■A■ ■ ■RM■■■■triCitm■�i1��■ii (� . ■l�al-A����F , u, 1� p� �®41 4lliliii� iioi null��:!Ih �� � (•1 ��\nt N����� �= ���_�_ _ ❑ r.� c�\\��\ Mir Mir rwmr \\� \\� \(1)1,500-gallon grease Interceptor \\ I 4-inch sewer service line\\\ „n -- ImInK WE 110 FL 101 NINOMMOMMENNE! 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