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2020-10-13 Work Session
WE IDIAN CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, October 13, 2020 at 4:30 PM Minutes VIRTUAL MEETING INSTRUCTIONS Limited seating is available at City Hall. Consider joining the meeting virtually: https://us02web.zoom.us/j/88514804426 Or join by phone: 1-669-900-6833 Webinar ID: 885 1480 4426 ROLL CALL ATTENDANCE PRESENT Councilwoman Jessica Perreault Councilman Joe Borton Councilman Brad Hoaglun Councilman Treg Bernt Councilman Luke Cavener Mayor Robert E. Simison ABSENT Councilwoman Liz Strader ADOPTION OF AGENDA Motion to adopt the agenda made by Councilman Bernt, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Perreault, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilman Cavener CONSENT AGENDA [Action Item] Motion to approve made by Councilman Bernt, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Perreault, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilman Cavener 1. Approve Minutes of the September 22, 2020 City Council Work Session 2. Approve Minutes of the September 22, 2020 City Council Regular Meeting 3. Approve Minutes of the September 29, 2020 City Council 5:00 p.m. Special Meeting 4. Approve Minutes of the September 29, 2020 City Council 6:00 p.m. Special Meeting 5. Apex Offsite Sanitary Sewer Easement No. 2 6. Apex Offsite Sanitary Sewer Easement No. 3 7. Apex Offsite Sanitary Sewer Easement No. 4 8. Burlingame No. 2 Pedestrian Pathway Easement 9. Gem Prep: Meridian North Pedestrian Pathway Easement Description No. 2 10. Gem Prep: Meridian North Sanitary Sewer Easement No. 1 11. Gem Prep: Meridian North Water Main Easement No. 1 12. Gem Prep: Meridian North Water Main Easement No. 2 13. LaSalle Building at Ten Mile Crossing Water Easement 14. Movado No. 8 Pedestrian Pathway Easement 15. TM Creek Cobalt Sanitary Sewer Easement No. 1 16. TM Creek Cobalt Sanitary Sewer Easement No. 2 17. TM Creek Cobalt Water Main Easement No. 1 18. TM Creek Cobalt Water Main Easement No. 2 19. Final Plat for Baraya Subdivision No. 5 (H-2020-0088) by Matt Schultz of Schultz Development, Generally Located South of W. Franklin Rd. and East of S. Black Cat Rd. 20. Final Plat for Baraya Subdivision No. 6 (H-2020-0089) by Matt Schultz of Schultz Development, Generally Located South of W. Franklin Rd. and East of S. Black Cat Rd. 21. Final Plat for Lavender Heights No. 1 (H-2020-0090) by LH Development, LLC, Located East of S. Locust Grove Rd. and North of E. Lake Hazel Rd. 22. Final Order for Firenze Plaza (TECC-2020-0002) by LC Development, Located at the Northwest Corner of S. Eagle Rd. and E.Amity Rd. 23. Development Agreement Between the City of Meridian and Pinnacle Land Development, LLC for Brody Square (H-2020-0032) 24. Development Agreement Between the City of Meridian and Calvary Chapel Treasure Valley, Inc. (Owner) and Evans Development, LLC (Developer) for Poiema Subdivision (H-2020-0035) 25. Development Agreement Between Shelburne Properties, LLC and Kenneth A. Williams (Owners) and Shelburne Properties, LLC (Developer) for Shelburne South H-2019-0106 26. Community Development Block Grant Program Year 2020 Subrecipient Agreements for Boys and Girls Clubs of Ada County and Neighborhood Housing Services, Inc. DBA Neighborhood Works Boise 27. Interagency Agreement Between the Ada County Highway District (ACHD) and the City of Meridian for Water Improvements for Ten Mile Road and Amity Road, ACHD Project No. 308044 28. Project Management Agreement with Qwest Corporation dba CenturyLink QC for Sewer Line Repair- Ten Mile Road 29. Agreement Between the City of Meridian and Republic Services for Use of Reclaimed Water for Landscape Irrigation and Bin Washing at the Republic Services Transfer Station on Franklin Rd. 30. Approval of Fiscal Year 2021 Purchase Order to Lawn Co. for Landscape Maintenance Contracted Services 31. Approval of AIA Guaranteed Maximum Price Amendment for Scenario Village Training Building 32. City of Meridian Financial Report-August 2020 33. Approval of City Benefit Policies and Procedures 34. Resolution No. 20-2232: A Resolution Authorizing the Seventh Continuance of a Local Disaster Emergency Declaration and its Terms for an Additional Thirty (30) Days; Authorizing the Continued Immediate Expenditure of Public Money to Safeguard Life, Health and Property 35. AP Invoices for Payment- 09-28-20 - $5,816.78 - Special 36. AP Invoices for Payment- 09-30-20 - $339,605.57 - Special 37. AP Invoices for Payment- 10-01-20 - $175,597.00 38. AP Invoices for Payment- 10-07-20 - $407,003.56 39. AP Invoices for Payment- 10-07-20 - $196,694.07 - Special 40. AP Invoices for Payment- 10-14-20 - $1,321,427.58 ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] DEPARTMENT / COMMISSION REPORTS [Action Item] 41. Building Division and Fire Department Report: Adoption of State International Code Adoptions and Amendments, Including Building, Residential, Fire, Electrical, and Mechanical 42. Parks Department: Presentation of Pathways Map Update for Council Consideration 43. Community Development: Ada County Title 9 Application Presentation EXECUTIVE SESSION 44. Per Idaho Code 74-206A(1)(a) To deliberate on a labor contract offer or to formulate a counteroffer; and 74-206(1)d To consider records that are exempt from disclosure as provided in chapter 1,title 74, Idaho Code Motion to enter executive session made by Councilman Bernt, Seconded by Councilman Hoaglun. Voting Yea: Councilwoman Perreault, Councilman Borton, Councilman Hoaglun, Councilman Bernt, Councilman Cavener In to Session: 5:19 pm Out of Session: 6:06 pm ADJOURNMENT 6:06 pm Item#1. Meridian City Council Work Session October 13, 2020. A Meeting of the Meridian City Council was called to order at 4:31 p.m., Tuesday, October 13, 2020, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault, and Brad Hoaglun. Members Absent: Liz Strader. Also present: Chris Johnson, Adrienne Weatherly, Bill Nary, Caleb Hood, Bruce Freckleton, Sam Zahorka, Berle Stokes, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt X Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison Simison: Council, I will go ahead and call this meeting to order. For the record it is October 13th, 2020 at 4:31 p.m. We will begin this roll call -- this meeting with roll call attendance. ADOPTION OF AGENDA Simison: Next item is adoption of the agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adopt the agenda as published. Hoaglun: Second the motion. Simison: I have a motion and a second to adopt the agenda as published. Is there any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: FIVE AYES. ONE ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the September 22, 2020 City Council Work Session Page 5 Meridian City Council Work Session Item#1. October 13,2020 Page 2 of 17 2. Approve Minutes of the September 22, 2020 City Council Regular Meeting 3. Approve Minutes of the September 29, 2020 City Council 5:00 p.m. Special Meeting 4. Approve Minutes of the September 29, 2020 City Council 6:00 p.m. Special Meeting 5. Apex Offsite Sanitary Sewer Easement No. 2 6. Apex Offsite Sanitary Sewer Easement No. 3 7. Apex Offsite Sanitary Sewer Easement No. 4 8. Burlingame No. 2 Pedestrian Pathway Easement 9. Gem Prep: Meridian North Pedestrian Pathway Easement Description No. 2 10. Gem Prep: Meridian North Sanitary Sewer Easement No. 1 11. Gem Prep: Meridian North Water Main Easement No. 1 12. Gem Prep: Meridian North Water Main Easement No. 2 13. LaSalle Building at Ten Mile Crossing Water Easement 14. Movado No. 8 Pedestrian Pathway Easement 15. TM Creek Cobalt Sanitary Sewer Easement No. 1 16. TM Creek Cobalt Sanitary Sewer Easement No. 2 17. TM Creek Cobalt Water Main Easement No. 1 18. TM Creek Cobalt Water Main Easement No. 2 19. Final Plat for Baraya Subdivision No. 5 (H-2020-0088) by Matt Schultz of Schultz Development, Generally Located South of W. Franklin Rd. and East of S. Black Cat Rd. 20. Final Plat for Baraya Subdivision No. 6 (H-2020-0089) by Matt Schultz of Schultz Development, Generally Located South of W. Franklin Rd. and East of S. Black Cat Rd. Page 6 Meridian City Council Work Session Item#1. October 13,2020 Page 3 of 17 21. Final Plat for Lavender Heights No. 1 (H-2020-0090) by LH Development, LLC, Located East of S. Locust Grove Rd. and North of E. Lake Hazel Rd. 22. Final Order for Firenze Plaza (TECC-2020-0002) by LC Development, Located at the Northwest Corner of S. Eagle Rd. and E. Amity Rd. 23. Development Agreement Between the City of Meridian and Pinnacle Land Development, LLC for Brody Square (H-2020-0032) 24. Development Agreement Between the City of Meridian and Calvary Chapel Treasure Valley, Inc. (Owner) and Evans Development, LLC (Developer) for Poiema Subdivision (H-2020-0035) 25. Development Agreement Between Shelburne Properties, LLC and Kenneth A. Williams (Owners) and Shelburne Properties, LLC (Developer) for Shelburne South H-2019-0106 26. Community Development Block Grant Program Year 2020 Subrecipient Agreements for Boys and Girls Clubs of Ada County and Neighborhood Housing Services, Inc. DBA Neighborhood Works Boise 27. Interagency Agreement Between the Ada County Highway District (ACHD) and the City of Meridian for Water Improvements for Ten Mile Road and Amity Road, ACHD Project No. 308044 28. Project Management Agreement with Qwest Corporation dba CenturyLink QC for Sewer Line Repair — Ten Mile Road 29. Agreement Between the City of Meridian and Republic Services for Use of Reclaimed Water for Landscape Irrigation and Bin Washing at the Republic Services Transfer Station on Franklin Rd. 30. Approval of Fiscal Year 2021 Purchase Order to Lawn Co. for Landscape Maintenance Contracted Services 31. Approval of AIA Guaranteed Maximum Price Amendment for Scenario Village Training Building 32. City of Meridian Financial Report -August 2020 33. Approval of City Benefit Policies and Procedures 34. Resolution No. 20-2232: A Resolution Authorizing the Seventh Continuance of a Local Disaster Emergency Declaration and its Terms Page 7 Meridian City Council Work Session Item#1. October 13,2020 Page 4 of 17 for an Additional Thirty (30) Days; Authorizing the Continued Immediate Expenditure of Public Money to Safeguard Life, Health and Property 35. AP Invoices for Payment - 09-28-20 - $5,816.78 - Special 36. AP Invoices for Payment - 09-30-20 - $339,605.57 - Special 37. AP Invoices for Payment - 10-01-20 - $175,597.00 38. AP Invoices for Payment - 10-07-20 - $407,003.56 39. AP Invoices for Payment - 10-07-20 - $196,694.07 - Special 40. AP Invoices for Payment - 10-14-20 - $1,321,427.58 Simison: Next up is the Consent Agenda. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we approve the Consent Agenda, for the Mayor to sign and for the Clerk to attest. Hoaglun: Second the motion. Simison: I have a motion and a second to approve the Consent Agenda. Is there any discussion on the motion? Councilman Borton, any discussion? All those in favor signify by saying aye. Opposed nay. The ayes have it and the agenda -- Consent Agenda is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. Simison: I think Mr. Borton is aware that we can't hear him. Okay. I don't know if there is a way that he --we want him to communicate with us on the -- on the votes for anything until he gets that situated. We don't have anything for the next hour, but maybe if our clerks could think about an another option -- even get him on the phone if necessary. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: Next item -- there are no items removed from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] Page 8 Meridian City Council Work Session Item#1. October 13,2020 Page 5 of 17 41. Building Division and Fire Department Report: Adoption of State International Code Adoptions and Amendments, Including Building, Residential, Fire, Electrical, and Mechanical Simison: So, we will move on to Item 41 under Department/Commission reports and the first thing up is with Sam, who will discuss the Building Division and Fire Department report on adoption of the State International Code adoptions and amendments, including building, residential, fire, electrical and mechanical. I will turn this over to -- it looks like Bruce and Sam. Freckleton: Good afternoon, Mayor and Council. It's good to see some of your smiling faces in person and those that are electronic. What we are bringing before you today is the adoption of the new codes. Statutorily we are obligated to bring codes forward following the state's adoption of these codes. We have never formally introduced Sam Zahorka, our new building official, to you guys and so I'm going to turn the time over to him, but this is Sam Zahorka. He is our building official. He's been with us for five years -- five years and ten months he says. Okay. So, anyway, he is going to explain a little bit more in depth of why we are here and what we have proposed for you and the purpose of this today is just to introduce the topic and to initiate the process. This will be public hearing. It's going to have to have several readings of the ordinance and that sort of thing for final adoption, so -- Zahorka: Good afternoon. Thank you. Thanks for the time today. We will go ahead and go through this quick PowerPoint. We will just start off -- maybe somebody has seen Channel Seven -- maybe somebody has seen Channel Seven yesterday. We are the third fasting -- fastest growing city in the United States, so we have been -- we have been found. So, I will go ahead and jump right in. Appreciate that. So, building code adoptions. The essential tool to preserve public health and safety that provides safeguards from hazards associated with build -- with a built environment. This is informational. In the future public hearings will be scheduled to adopt these minimum codes and amendments. The background. The 2020 legislature approved the administrative rules that the Idaho Building Code board adopted and the following international codes for all building authorities in Idaho to be effective on January 1st, 2021. The 2018 International Building Code with amendments, Swimming Pool and Spa Code, the existing Building Code, the Residential Code with amendments, International Energy Conservation Code with amendments. The Uniform Plumbing Code did not change. Idaho Fire Code with amendments. The 2017 National Electrical Code did not change. The 2018 Mechanical Code with amendments and the 2018 Fuel and Gas Code with amendments. And, then, pursuant to Idaho Code cities are required to adopt the model codes that have been adopted by the Idaho Building Code board, Idaho Code sections establish processes by which cities may adopt local amendments that are more restrictive than these adopted codes following a public hearing and notice to enumerated stakeholders. The timeline for this process and ultimate adoption of these codes is as follows: Tomorrow, October 14th, I will mail out a copy of the proposed code adoptions and local amendments to Idaho Code -- per Idaho Code section and stakeholders list. On the 16th Meridian Press will publish a notice of November 17, 2020, public hearing. On November 17th the public Page 9 Meridian City Council Work Session Item#1. October 13,2020 Page 6 of 17 hearing and first reading of the ordinance will occur. November 24th the second reading. December 1st would be the third reading, plus the adoption, and January 1st of 2021 would be the effective date of the city ordinance adopting codes and local amendments. The proposed local amendments are summarized as follows: I can go through these if you would like, but we can talk about any ones you are interested in, but to start out the 2000 International Building Code, which is specific to multi-family and commercial related projects, we gave some bullet points there. Some of the amendments -- when it says local amendments it's state IDAPA. Those are the amendments from the state of Idaho and we carry those over into our ordinance. So, again, there has been some -- some bullet points listed there for you. We can get into that if you would like. International Residential Code is the same thing. There is -- when the codes are adopted there is -- there is -- there is new products that come into the codes, there is flexibility that comes into the code, so can definitely go through those if -- if anybody has any questions. And, then, the Energy Code. That's the other -- the one that I listed here that talks about the changes to -- from the '15 adopted codes to the -- to the -- it would be the '18 codes. So, that's the end of my slide. I will go ahead and open it up for any questions. Simison: Thank you, Sam. Council, any questions for Sam at this time? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Sam, how long does the -- does the building community or any business that has to comply with the codes have to implement them? Is it immediate? Is it January 1st of next year? Zahorka: Yes. It's January 1 st of next year. So, the way that we treat the adoption of new codes is if a developer or contractor submits their application prior to January 1 st we allow that to be under the current -- the currently -- the current adopted code. So, it's really the cut off date to comply with the new codes is January 1 st. We do have a little bit of a soft implementation for a piece of the energy code. The energy code is now requiring every fifth house or 20 percent of the houses that are submitted to our jurisdiction for building permits to comply on the residential side with a blower door test and so there is a six months soft implementation for that and so I'm working on what that looks like. All the jurisdictions are working on how to manage --track every fifth house a builder submits to the City of Meridian. So, again, it's -- to answer your question it's January 1 st. Bongiorno: Mr. Mayor? Simison: Yes, Deputy Chief. Bongiorno: I would just like to tag onto that. Mayor and City Council, we have also been doing -- the Fire Department -- the 2018 fire code. They added a new section on mobile food vehicles, which is pretty -- it's -- it's different and so we have been working with the food truck industry for the last -- I think we started notifying them back in like March and Page 10 Meridian City Council Work Session Item#1. October 13,2020 Page 7 of 17 April that, hey, there is a change coming and you need to meet the code and so we have been working with the Idaho food truck coalition on that as well. So, we have been trying to -- like Sam was saying, give everybody a heads up that, hey, this is coming. There is some new stuff. Here is the changes. Here is what's going to be expected. We implemented our fee for food truck inspections and, actually, November 7 the Mountain -- Mountain Home, Boise, Meridian, Nampa, Star, Eagle, Kuna, Caldwell and Emmett fire departments, we are all getting together at the Public Safety Training Center and we are actually doing free pre-inspections. So, we have been giving everybody as much heads up about the new code sections that are coming as we can. So, we try and give everybody, hey, here is -- here is big changes you need to be aware of. So, we try and notify the public even ahead of time, other than just the -- the standard notification that's required by code. Zahorka: Yeah. And I will just go ahead and add -- echo onto that. We definitely do -- do our best job to -- per statue we have to send out mailers. I will be sending those out tomorrow per statute and, then, I will be visiting with BCA. I have been working with Dave Yorgason and Jon and Brighton and anybody and everybody that I can to let them know about the up and coming code adoption and so we -- we try to be as transparent as possible and answer any questions or concerns any of our stakeholders have prior to the adoption. I have all types of resources to -- that compare the changes from the '15 adopted codes to the '18. So, again, if anybody has any questions on -- or concerns about any of the code adoptions, please, reach out to me and I will do my best to help. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Mayor. Sam. And having dealt with this previously -- and I think I saw that you had it written down, but if someone wants to come and testify and complain about, you know, that's too onerous, we shouldn't have to do this, we are in the situation where we can only implement more restrictive measures, we can't ease off on any -- any codes that have -- are in this -- this -- whether it's fire, building, et cetera, we -- we can only be more restrictive. Zahorka: Correct. Correct. And that is -- thank you for bringing that up. I actually had a little bit of a piece on my first slide and I was going to speak to that. The -- the state of Idaho adopts the codes every three years and those are the minimum codes. The State Building Code board, they go -- they go and they meet, they vet the codes, they amend the codes for Idaho for like, for example, you know, there is -- there is certain things in the code that don't work for every state or every jurisdiction, so the state vets all that through the State Building Code board and, then, that is the minimum code. We can be more restrictive than the minimum code and we have a draft ordinance that will be available for -- in those hearings for the public and anybody to come and testify and look at those codes and -- and have those conversations. We were very -- we only have a few code sections that were more restrictive than the state. One of them is the garage house separation. The code requires half inch sheet -- sheetrock on the garage side. We have Page 11 Meridian City Council Work Session Item#1. October 13,2020 Page 8 of 17 always in Meridian required a five-eighths type X sheetrock. That's a fire code sheetrock. And so we are -- there is only a few code sections that we are more restrictive than the state and I can speak to those whenever--whenever needed, but we are minimum codes. We follow the state minimum adopted codes. Simison: Council, any additional questions? Okay. Bongiorno: Mr. Mayor? Simison: Deputy Chief. Bongiorno: If nobody else has any comments, Mayor and City Council and Mr. Nary, again, big huge thanks to Emily. Emily's a superstar. She did an awesome job helping Sam and I. I don' t know if she's sitting in the audience, but big kudos to her for helping us pull this together. She's -- she's always awesome to work with and made our job a lot easier. Simison: I think Mr. Nary tells her that every day, but he will pass that along. She felt so confident she's not even logging into watch, so -- okay. Thank you very much, Sam. Zahorka: All right. Thanks. 42. Parks Department: Presentation of Pathways Map Update for Council Consideration Simison: Next item on our agenda is Item 42 and this will be a Parks Department presentation of pathways map update and I will turn this over to Kim. Warren: Good afternoon. Mayor Simison, Council Members, it's nice to see you all in person and otherwise. So, I'm glad to be here for the pathways map update. This isn't quite as particular as Public Health and Safety Code, but it's -- yeah, it's our process of making this an official document that we can, then, hold our development community to. So, Chris, can you -- is there a trick to advancing? Pardon me. Apologies. This is a little different than I'm used to, so -- this is the pathways map update. We do maintain a pathways layer in parks and rec. We have a lot of great GIS support. It's an ongoing process. This is a -- it's not a big city -- large area worth of city, so we do try to keep our working layer as current as possible. I'm always making changes, submitting those to the GIS department, and those are getting incorporated into our working layer, which is not published on the website, it's not our official layer, but staff does have a more current tool that we are working from as we do plan review. We have just updated this pathways map in March of 2019. That reflects a pretty standard timing. I think moving forward doing this pretty strict annual basis is going to be important. We are just trying to stay ahead of development and growth. So, we are here today. We provided some -- we have a map book that is the pathways map for the city. It is -- Chris, is there a way to maximize it so it's a little bigger? Okay. I will proceed. My apologies. So, included in the packet is what we call a map book. This is our way of making a big map manageable for review. That's Page 12 Meridian City Council Work Session Item#1. October 13,2020 Page 9 of 17 available electronically. It's 22 pages. It's just the city divided out into sections. So, we have proposed and existing pathways per the legend and, then, anywhere that it's highlighted in a mint greenish color, those reflect changes since the last adoption. So, at a glance if you want to see what's different that's -- that's the key. Sorry. It's not advancing. So, we have provided map pages for review. We are presenting methodology to you today. How do we generally go about updating and making these changes and, then, we would like to give you another week for review and if you are interested in a hardcopy of this map book it's just 11 by 17, 1 could send those out. It's a little more tangible. Again, we are trying to focus on the criteria we use for making these changes to -- and ask for approval of the criteria more than asking for approval of every specific change. So, we will come back in a week with the resolution after you have had a bit more time to consider this data. So, there are typically three types of changes to the map and those -- some of those are minor, like number one, did a proposed pathway, was it constructed and now it's existing. Those are pretty simple changes and changes to alignment where during the development process, you know, we know that there needs to be a pathway connection in a certain area, but it works out that for whatever reason it may shift to the other side of the waterway or take a slightly different route through as subdivision open space. So, some of that fine tuning happens in the -- during the review process and we like to take advantage of opportunities that are catalyzed by development sometimes that will dictate a slight change to alignment to accomplish the same basic connection. And, then, also maybe one of the more important changes is proposed new connections in growth areas and there our intent is to enhance connectivity both within a project and in the greater system at large. We want -- with the annexation projects we are able to -- during the development agreement process and for pathway connections, but we need to get those on the map officially, so that we can actually enforce those requirements and in general when we are siting pathways we are looking to achieve separation from major roadways. We want to provide pedestrians with as much of a refuge experience as possible. So, where we do have pathways along waterways, try to stick to those waterways or look at the mid-mile collectors as a more comfortable option where waterways aren't available. So, here is an example of a sheet from the map book, again, with the changes to the map highlighted in that aqua green colored. Some of the proposed connections in new areas and being more of a -- what -- as a landscape architect I would call a desire line. We know we need to get from here to there. We don't really know the particulars yet. So, the -- sometimes we just kind of draw them in roughly and, then, they take shape as the development process gets more specific. This was a case where a pathway got routed through a development to take advantage of some green space and I think since this map version was done that may have been denied, so it's an ongoing process to keep this current. And, then, just as another example here we are trying to make a mid-mile connection, keeping destinations, like parks and neighborhoods in mind and, then, along Chinden, which is a state highway, the areas in aqua just show pathways that are now there that weren't there before. So, those -- and, then, in general -- and we have been talking to the department about improving the data. So, that's in the works. When we did the pathways master plan -- that was before my time. This is kind of the schematic of circulation -- pedestrian circulation we were trying to enable throughout the city. With this Meridian loop pathway, the Five Mile pathway and the Ten Mile pathway being priorities, so this map that we will be uploading to the website, Page 13 Meridian City Council Work Session Item#1. October 13,2020 Page 10 of 17 highlight those routes, and the Meridian loop is not contiguous necessarily everywhere, but it gives a sense of the structural organization of the greater system and, then it -- it highlights those -- like the Five Mile pathway, which actually has quite a continuous run now. So, we are working to improve that data and to note that this map is for recreational purposes only and it's as accurate as we can make it, but may or may not be. So, we presented this information to the park commission at our last meeting, which was a few weeks ago, and based on this methodology and examples and, then, some recent experience from our -- our pathways biking tour, they felt comfortable recommending this for approval and bringing it to you all today. So, if you would like to take a closer look with the hardcopy prior to next week when we will ask for your approval and formal adoption, please, let me know, I would be happy to send those around. They are available in the packet. And I would stand for any questions if there are any. Simison: Thank you. Thank you, Kim. Council, any questions? Warren: Hearing none, I thank you for your time and I will see you next week. 43. Community Development: Ada County Title 9 Application Presentation Simison: Thank you very much. And just for the note, Emily is the staff member that works on that commission as well. Up next is Item 43 under Community Development Department. This is the Ada County Title 9 application presentation. I will turn this over to Mr. Hood. Hood: Thank you, Mr. Mayor, Members of the Council. If you are okay with me presenting here, it's a little more comfortable for me, but I can certainly go up there if that's okay. All right. So, we have had a series of meetings with Ada county staff over the last several months about what I'm going to talk to you about. At the end of the day it does result in an application and I will get into a little bit more details of what that looks like. But, again, we have been coordinating with their staff and kind of getting -- have gone back and forth a little bit on the best way to get some of what we would like the county to help us implement as it -- as far as our growth priorities and development patterns go and so we have got that path forward and that's, essentially, what I would like to share with you this afternoon. So, as you know, the city adopted our comprehensive plan in December of 2019 and Ada county noticed -- gave us notice a few months ago that they were going to do a development code rewrite. So, there was an opportunity there to kind of coordinate some of what we had just adopted as a community as our vision for the community with, you know, roughly 60 percent of Meridian being developed and 40 percent of it being largely undeveloped, at least unincorporated and developed in the city. So, we are working with them on kind of two fronts, again, them to recognize our vision and, then, as they amend their development code having that code reflect some of our needs as a community going forward. So, we as staff have identified a comprehensive wish list, if you will, and that's kind of the middle part of this slide. I will kind of run through that a little bit more, but those -- those dashes there, those are really kind of the main things -- well, again, a comprehensive list of things that we would like to have changed. Again, in some of those meetings with the county it was starting to make more and more sense to Page 14 Meridian City Council Work Session Item#1. October 13,2020 Page 11 of 17 kind of take bite sized pieces or do this in phases, rather than ask them for all these changes at the same time. Kind of bite off some of the most important things first and, then, follow that up through their process of amending their overall code on some of these things or maybe that are a little more less important. So, let me walk through that with you. So, at the end of the day we have drafted a letter that -- that we would ask you to go ahead and authorize the Mayor to sign and apply to amend our Title 9 agreement with Ada county. So, that information is in your packet this afternoon. So, the biggest one I think is probably the Title 9 request and that has to do with recognizing the city's Comprehensive Plan. There is actually two sections of their code that they do that, they recognize the map and, then, by ordinance they adopt the Comprehensive Plan and resolution within that ordinance, our Comprehensive Plan. So, that's outlined in the draft letter you have in your packet. And the second part of that is -- and this is still, again, in Title 9 -- is require that hearing level projects on properties that are contiguous to current city limits. So, eligible for annexation of the city be processed by the city and not the county and on the next slide I -- I will have an example of that, one that we are dealing with right now and, in fact, there is a couple of them that we are dealing with right now. There will be some exceptions to that. It doesn't make sense in every case. Someone wants to do an addition on their single family home, we wouldn't say, okay, now you need to come into the city, disconnect your well and septic and hook up to our services. That seems a little bit over the top for someone who just wants to do something as simple as a single family residential addition or a home occupation or a daycare or some of those types of things. So, we would have to work out some of those details, but for the most part if the -- if the property is touching city limits, that's the orderly development of the city for the most part. There can be some exceptions to that, you know, on the fringe we don't necessarily want to keep sprawling and sprawling out, but as a general rule it makes sense for the city to be the lead agency when those properties are contiguous to the city limits. And so just in -- in parentheses there under that second bullet today in Title 9 it just requires that planned unit developments, subdivisions, and rezones go to the city. So, conditional use permits, those are processed by the county. There can be long-term implications if the county approves a CUP and it operates for years and years within our area of impact and it is an enclave for years and years. So, just as an example. So, the second part, then, of the letter in our application request is to do some amendment in Title 8. So, maybe I should just back up real quick. So, Title 9 is the county's agreements with all the cities. So, there is six separate chapters in there. Each city has an agreement with the county. So, Title 9 is -- is their agreement with each city. Title 8 is their overall development code. It's like our UDC. It's Title 11 of city code is their Title 8. And, actually, it's structured really really similar. So, these are the things, again, that we had listed as some things that we want to make sure that our eventual urban level services aren't more costly to put in or if not impossible to put in in the future. Kim was just up talking about the pathway network. You build a house where we are planning on a pathway, we have to work around that. It becomes more costly, again, if not impossible. So, those are some of the things where at least we would like the county to preserve some easements for our sewer trunk mains. We don't envision too many dry line requests, but the easements to at least preserve us bringing those sewer trunks through properties when appropriate consistent with our masterplans. Landscape buffers on -- on arterials. Again, they don't have to look exactly like the city's requirements, but there should be some consistency in Page 15 Meridian City Council Work Session Item#1. October 13,2020 Page 12 of 17 that for landscaping along your section line roadways. Parking lot and drive aisle improvements. So, again, just making sure that they are paved and brought up to an urban standard with some of those things. Again, multi-use pathways. And streetlight infrastructure. So, we aren't asking them to put in streetlights. That would be out of context in a lot of these places that are in the county to have streetlights where there aren't any for sometimes miles and in other directions. But at least the conduit and, again, preservation of that. And so I'm going to draw an imaginary line, basically, that is about halfway through that list and those are the things that we have asked them to address more immediately. So, right now in this letter we would like them to consider changing their code to address these things in Meridian, if not the rest of the county, when you are in an area of city impact to provide those -- those types of -- or at least, again, preserve for those types of urban level improvements. The second half of that list is, again, the -- kind of the longer term effort -- effort and discussion with the county and other cities about what does that mean. The county approves a lot of private streets. Private streets can be problematic into the future as they redevelop and getting through private streets or sharing private streets and expanding private streets on five acre lots. So, just getting on the same page with them about what that looks like and connectivity and those types of things. Access points to arterials, master site plans and fire code protection. And, then, again -- so, this is kind of a hierarchy billboard, barbed wire and electric fencing aren't as high on the list, but we think it needs to be at least addressed or what does that look like as the city comes along and properties are annexed, do we grandfather in billboards, barbed wire fencing, and those types of things. So, more to come on that. We don't have all those things solved as far as the exact code that we would propose, but we want to have that conversation with the county about how that -- how that works. Parenthetically kind of in that first note, there is some examples of some problems that Public Works have had in the past on Rescue Ranch was -- was a subdivision about five years ago where we didn't get the easement that we need for the McDermott trunk and so now we got to redesign our master plan and work around that through the county. So, if they can adopt our master plan and enforce that and -- and get those -- the preservation of those easements, it will certainly make things more efficient in the future as we do that -- bring that infrastructure to and through those properties. And this is an alternative. Just a thought. So, today basically the highest you can -- the highest development you can do that's none -- not commercial, if you are talking about residential, is five acre lots. We had some -- some discussion of do we make that a ten acre minimum. Even these five acre lots are tough to redevelop. So, it's just -- it was just a -- just a thought to maybe a ten acre parcel in the future, if we need to get through those with the easements, there is a little bit more wiggle room to work through a property than even a five acre lot and you can be kind of more constrained if you will. Again, I already mentioned the second -- second kind of caveat there. We need to define those application types to exclude single family homes and home occupations and things. So, I said I had an example of a slide. Oops. Too fast there. No, I added it -- sorry. I updated the presentation in the Y drive. Chris, is that something that you can -- I apologize. I added an example. I will apologize for that. I made a last minute change and decided to share this example. So, everything in gray and where it says site is all in Ada county. This is just, again, one example. We probably get, you know, a handful of these, you know, maybe one every other month or so I mentioned in kind of my opening remarks, you know, there is a couple of these we Page 16 Meridian City Council Work Session Item#1. October 13,2020 Page 13 of 17 are dealing with right now. This site is totally surrounded by city limits and there is development approved on all sides, yet they are proposing a daycare and a Montessori school through the county. There are stub streets from both the east and the west and services are stubbed from the north and the east and the west to this property. We have a tough time as staff encouraging the county to approve development and, you know, again, the perpetuation of an enclave in the county on something like this. We believe it should be processed through the city. So, this would be an example of an application type that we think makes some sense to let the city be -- I mean this is surrounded by the city and some of the bullets I have got there -- I mean they are asking for a waiver of sidewalk on Cherry Lane where we require development on either side to put in sidewalk on Cherry Lane. So, that's just an example. I don't want to spend too much time on this, but this is in the vein of those types of examples that we are talking about. There is some commercial examples and some of our mixed use designations where the county is processing these applications and I can't blame their staff, because their current code -- that's how it's written right now is that they are the lead agency. But I just want to give you a little bit of a feel and a flavor for the types of things where it makes planning difficult when we are almost encouraging development in the -- to stay in the county, but, yet, the city limits are -- are surrounding these properties or at least on multiple sides in a lot of cases. This didn't make it into -- so, this is, again, kind of a future request to Title 8 and I think we will have to have another conversation and this isn't me to lead that conversation, but I did want at least put it on your radar about impact fees. So, we have had some of that conversation as well with the county and I know the county is talking about that kind of independently of the city -- or even with the cities, but that's something that -- that's come up as well. So, I just wanted to put that on your radar and maybe that's a future joint meeting topic. So, again, for what we are here today -- so, that kind of gives you the -- the full -- the full picture of what we will -- we will be working with the county on over the next several months and, then, as my boss -- boss likes to say, the wolf at the sled, basically, is this letter and the application to ask the county to adopt our current Comprehensive Plan and, then, help us implement that as they review development applications in the county and make some changes to Title 8. So, with that I will stand for any questions you may have. Simison: Thank you, Caleb. Council, any questions for Caleb on the information he provided? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Thanks, Mr. Mayor. Caleb, is this -- kind of these changes -- the proposed changes, are those being worked at merely staff to staff? Are any of the county commissioners involved in that? Is the Mayor or any member of the City Council involved from our side on this process? Hood: So, Mr. Mayor, Councilman Cavener, I do not know directly. I can let you know directly. I have not talked to the county commissioners about this. Both Steve Rutherford Page 17 Meridian City Council Work Session Item#1. October 13,2020 Page 14 of 17 and Dave Miles have been part of that, so I'm assuming there is some conversation with, you know, our Mayor and their -- their commissioners. We have in theory talked about these things, you know, and -- and the county commissioners, you know, encouraging development close in within cities, not exacerbating sprawl, but some of the exact changes to code, no, I have not coordinated that with their commission, only with their staff. Cavener: Okay. Thank you. Simison: And, Councilman Cavener, if I can add in just a little bit. And I -- it's hard to remember when we had this conversation. This is a follow-up conversation that was had with the county--former county commission several years ago, so it was initiated through that process. I have had conversations about the desire to update. Again, we did not talk specifics in terms of changes, but we have talked conceptually about those changes and, actually, the one thing that I didn't realize was not on the list was impact fees, because that is something -- that is something I have had specific conversations with their commissioners on and so I'm actually at the end of this conversation going to suggest we move that up to a higher level immediately into this conversation. They want us to collect their impact fees when they get them going and just like we prefer them to collect our impact fees that are existing and I'm not aware of any current reasons why we shouldn't be moving that forward more expeditiously, to be honest with you. But all the conversations have been in a while and it's been left at the staff level for the last three to six months, because most of my conversations were had back in February on this topic. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Mr. Mayor. Caleb, two questions. The first on the bottom of your memo it referenced having cities -- our city staff participate in the pre-ap meetings. That doesn't require a code change. Hood: Mr. Mayor, Councilman Borton, correct, yeah, that's just a process thing where we have requested that they include us. Borton: Have they, though? Hood: No, not as of yet -- or I haven't been invited and I don't know anybody on my -- on my team that has. Borton: That's -- that's too bad. That's such a good idea to get those concerns in the conversation extremely early for any applicant trying to develop in the county. The second question is until a code change occurs can our list of requests that you have put together, has that -- is there a means to get that to the -- to the decision makers themselves at the very least, they get in the -- of imposing those types of requirements prior to a code change? Is there any means to --to have them address them without waiting any further? Page 18 Meridian City Council Work Session Item#1. October 13,2020 Page 15 of 17 Your Montessori example is an extremely concerning -- it's a tragically perfect example of why action is needed really quick on what -- Hood: Mr. Mayor. Councilman Borton, you kind of cut out of there a little bit, but I think I get the gist and that's why we have, again, decided to take this phased approach. We really think we are on the same page. Even though I haven't talked to any of the three commissioners directly we think we are on the same page as staff and I have to think that their staff has communicated some of these things with their commission and we think we can move this through -- it still requires public hearings, so I'm not going to say it's going to be done, you know, next week, it's still a process, but these are the ones where we think there is little controversy and can move expeditiously, so we can get this cleaned up. Borton: Thanks. Simison: Caleb, just to our knowledge did Ada county ever fill -- I assume they have -- their development services manager position? Hood: Mr. Mayor, I have not heard. Only interim still as far as I know. That may have changed. I haven't heard anything in the last maybe ten days, so -- Simison: Council, any further questions regarding the items Caleb presented? As mentioned we do have a letter in the packet that we would like to send. If I can just -- I don't think we need a motion, but if I can just -- to my knowledge we don't need a motion. If there is not any questions we will go ahead and get that sent over to the county immediately for their action. Hood: Okay. Bongiorno: Mr. Mayor? Simison: Deputy Chief. Bongiorno: I just wanted to comment -- and Mayor and City Council, Council Member Borton, there is one other project that I'm working on right now with the county that's 25 acres on the southwest corner of Amity and Meridian and, basically, it's -- it's Victory Greens is wanting to move their nursery onto that corner and what I found -- and it was developed through the city and -- and they can't meet fire flow, because there is no water there, but the water is literally across the street in two different directions and there is literally sewer right across the street and so I recommended, you know, unless you want to put 60,000 gallons of water on your property or potentially 180,000 gallons of water on your property, maybe you should come through the city and get water. So, that's another one that I made Caleb aware of that it's -- it's going to be an issue. So, another example of what we are having to deal with. Thank you. Page 19 Meridian City Council Work Session Item#1. October 13,2020 Page 16 of 17 Hood: Mr. Mayor, it sounds like you are ready to move -- move on, but just one more point to that. I just wanted to disclose to the Council -- we actually submitted as staff a letter to Ada county both on that -- so, the hearing for the Montessori school that I showed you as the example is actually this Thursday at their planning and zoning commission. We --we co-signed a letter as city staff and -- and Boise's concerns. So, I just want to be -- have you be aware it's -- our requests and our concerns are not consistent with Title 9 and 8 right now as it currently exists, but we want to daylight this with them and go on record and say our system is broken, here is a good example of why it's broken, and we want to change this. And to Joe's -- Deputy Chief's point, we are going to do the same with that project. It's right on the corner of Amity and Meridian. It's -- the city is on two sides annexed. We have got development approved on both of those sides. It should come through the city, not the county. So, we are going to write a similar letter on that project. So, again, just -- if you get a letter, you know, waved in your face or something, just know that, yeah, we are doing that even in advance of that -- the technical changes kind of to Councilman Borton's point a little bit, we are trying to make some of these points in advance of changing the codes and the processes. So, just a disclaimer there. Simison: Thank you. And at least from my conversations I don't think the current commission wants to be approving that type of development anyways. They -- they don't want county enclaves in Meridian, but they have to follow their codes and their rules as well, so -- EXECUTIVE SESSION 44. Per Idaho Code 74-206A(1)(a) To deliberate on a labor contract offer or to formulate a counteroffer; and 74-206(1)d To consider records that are exempt from disclosure as provided in Chapter 1, Title 74, Idaho Code Simison: Okay. I want to come -- next item on the agenda is Executive Session. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we go into Executive Session per Idaho Code 74-206A(1)(a) and 74- 206(1)(d). Hoaglun: Second the motion. Simison: I have a motion and a second to go into Executive Session. Is there any discussion on the motion? If not, clerk will call the roll. Roll call: Bernt, yea; Borton, yea; Cavener, yea; Hoaglun, yea; Strader, absent; Perreault, yea. Page 20 Meridian City Council Work Session Item#1. October 13,2020 Page 17 of 17 Simison: All ayes. We will adjourn into Executive Session. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION: (5:20 p.m. to 6:05 p.m.) Simison: Do I have a motion? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we come out of Executive Session. Hoaglun: Second the motion. Simison: Got a motion and a second to come out of Executive Session. Any discussion on the motion? If not, all those in favor signify by saying aye. Opposed nay. The ayes have it. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn the meeting. Hoaglun: Second the motion. Simison: I have a motion and a second to adjourn. All those in favor signify by saying aye. Opposed nay. The ayes have it. We are adjourned. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 6.06 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 10 / 27 2020 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 21 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the September 22, 2020 City Council Work Session Page 4 Meridian City Council Work Session Item#1. September 22,2020 Page—of" Bernt: Mr. -- Mr. Mayor, to clarify, I believe before -- I think we are going to move Items 10 to 11 to our -- to our -- our next meeting. They are scheduled at our next meeting, so I think that totally works. Weren't quite able to get it done this evening, so -- Hoaglun: That answered my question before I even had a chance to ask it. Simison: I have a motion and a second to adjourn the meeting. All those in favor signify by saying aye. The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 5:49 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) / MAYOR ROBERT E. SIMISON 10 / 13 2020 DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 28 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the September 22, 2020 City Council Regular Meeting Page 29 Meridian City Council Item#2. September 22,2020 Page 22 0122 10 / 13 / 2020 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 51 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the September 29, 2020 City Council 5:00 p.m. Special Meeting Page 52 Meridian City Council Special Meeting Item#3. September 29,2020 Page 3 of 3 MEETING ADJOURNED AT 6:03 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 55 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the September 29, 2020 City Council 6:00 p.m. Special Meeting Page 56 Meridian City Council Item#4. September 29,2020 Page 13 of 13 MOTION CARRIED: ALLAYES. FUTURE MEETING TOPICS Simison: Council, anything under future meeting topics? If not, do I have a motion? Bernt: Mr. Mayor? Simison: Councilman Bernt. Bernt: I move that we adjourn the meeting. Hoaglun: Second the motion. Simison: I have a motion and a second to adjourn the meeting. All those in favor signify by saying aye. Opposed nay. The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 6:38 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 10 / 13 2020 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 69 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Apex Offsite Sanitary Sewer Easement No. 2 Page 70 ADA COUNTY RECORDER Phil McGrane 2020-138109 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 10/15/2020 11:46 AM Project Name(Subdivision): CITY OF MERIDIAN, IDAHO NO FEE Apex Offsite Sewer Sanitary Sewer Easement Number: 2 Identify this Easement by sequential number if Project contains more than one sanitary sewer easement. (See Instructions for additional information). SANITARY SEWER EASEMENT THIS Easement Agreement, made this 13th day of October 20 20 between Dv r investments LLC ("Grantor"), and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described;and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW,THEREFORE, in consideration of the benefits to be received by the Grantor,and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures,trees,brush,or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Sanitary Sewer Easement REV.01/01/2020 THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: DWT INVESTMENTS LLC By:Brighton Corporation,Manager Robert L. PlftlrPresident STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 0 aD (date) by Robert L.Phillips (name of individual), [complete the_following if signing in a representative capacity, or strike the .following rf'signing in an individual capacity] on behalf of DWr Iri stments LLC W Brighton Corp,Its Manage, (name of entity on behalf of whom record was executed), in the following representative capacity: President (type of authority such as officer or trustee) (stamp) Notary Signature Notary Public- v 5HA1 S N My Commission Expires: State tate of Idaho Commission Number 20181002 My Commission Expires Jun 1, 2024 Sanitary Sewer Easement REV. 01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor Attest by Chris Johnson, City Clerk STATE OF IDAHO, ) . SS. County of Ada ) This record was acknowledged before me on 10-13-2020 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2022 Item#5. E N G I N E E R I N G September 23,2020 Project No.:18-037 DWT Investments,LLC Legal Description City of Meridian Sewer Easement Exhibit A A parcel of land for a sewer easement situated in a portion of the South 1/2 of the Southwest 1/4 of the Southeast 1/4 of Section 31,Township 3 North, Range 1 East, B.M.,City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a found 5/8-inch rebar marking the South 1/4 corner of said Section 31,thence following the southerly line of said Southwest 1/4 of the Southeast 1/4, 589*42'21"E a distance of 1,320.00 feet to a found 5/8-inch rebar marking the Southeast corner of said Southwest 1/4 of the Southeast 1/4(East 1/16 corner); Thence leaving said southerly line and following the easterly line of said Southwest 1/4 of the Southeast 1/4, N00°07'49"W a distance of 644.42 feet to the POINT OF BEGINNING. Thence leaving said easterly line,N89°42'21"W a distance of 1,261.62 feet; Thence N00'16'52"E a distance of 18.09 feet; Thence N47'56'12"E a distance of 10.25 feet; Thence S89°42'21"E a distance of 1,253.86 feet to the easterly line of said Southwest 1/4 of the Southeast 1/4; Thence following said easterly line,500°07'49"E a distance of 25.00 feet to the POINT OF BEGINNING. Said parcel contains a total of 0.723 acres (31,509 square feet), more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. a a12459 a� OF �•23• zo'7.� 9233 West State Street • Boise,Idaho 83714 9 208.639.6939 • kmenglip.com Page 74 IP.101115 l;8ua wl n 80Z1 3NOHd tlpl'35109 IS iS3M EEM vA. 0NIZI33NI °JN3Lul m b s 0 n m 2 z m b 2 T JO T 0 TH lazeH alel •3 :133HS ,OO'OZE L 3„LZ,Z-V.69S ° m LEO.81 U')3FObd SNNt a JO SISb$ OZOZjagwaida5 :31va 9 ?8 L2 SNOU33S LCNO1103S z� (A y �13 KO 9 L/L 1SV3 83NNOO VIL HlfIOS 1N3Vl30N3WW08 30 1NIOd 0 m N o a 00'9Z 3.,6fi,,LO.OS 21 0 a o b O 0 9Z'0 L 3„Z L,99.LtiN Z-1Ln s � o C 60'8l 3„ZS,9L-ON L-1 N -[ Hy rt 3ONVISI❑ I EJNIUV39 3NIl z W —Of+ 4�h O o MiWi 3NI1 CD O A CD N m {p N :)Il SjU@LUjSaAUI IMCI N N 0068£bTSTTS-NdV ° o Paueldun -P o o ONINNI838 30 1NIOd o W Q ,Z9•L9Z L M„LZ,Z-b.69N rD l� -------- --------- ----------•----- �L� f7 (D ,99'2SZ L ,L L'SS LC L 3„2 L,Lfii.68S ZZ O W 3„LZ,Z�.69S M rn o M„6-V,LO.00N o fD Z 3 l� f tl/L iSV3HlnOS 3H1 Q- fD b/L lSb3Hlf18S 3Hl AO VL 1S3MHinOS 3Hl AO il/L iS3MHinOS 3Ht d0 Z/L S 2l3N2i0J MN m 30 Z/t S 29 U00 3N iu n c S Page 75 Item#5. 1253.86 ffig 1261.62 Title: 200922 City of Meridian Sewer Easement DWT Investments LLC Date: 09-22-2020 Scale: 1 inch= 125 feet File: Tract 1: 0.723 Acres: 31509 Sy Feet:Closure=n54.3430e 0.01 Feet: Precision=1/450165: Perimeter=2569 Feet 001=n89.4221w 1261.62 003=n47.5612e 10.25 005=s00.0749e 25.00 002=100.1652e 18.09 004=s89.4221e 1253.86 _ Page 76 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Apex Offsite Sanitary Sewer Easement No. 3 Page 77 ADA COUNTY RECORDER Phil McGrane 2020-138106 Proiect Name(Subdivision): BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 10/15/2020 11:45 AM CITY OF MERIDIAN, IDAHO NO FEE Apex Offsite Sewer Sanitary Sewer Easement Number: 3 Identify this Easement by sequential number if Project contains more than one sanitary sewer easement. (See Instructions for additional information). SANITARY SEWER EASEMENT THIS Easement Agreement, made this 13th day of October, 202Q_between Brighton Investments LLC ("Grantor"),and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described;and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others;and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor,and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures,trees,brush,or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Sanitary Sewer Easement REV.01/01/2020 Item#6. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: BRIGHTON INVESTMENTS LLC Robert L.Phillips.Authorized Signer STATE OF IDAHO ) ) ss County of Ada ) Robert L.Phillips This record was acknowledged before me on 0 J ap (date) by _ (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Brighton Investments LLC (name of entity on behalf of whom record was executed), in the following representative capacity: Authorized Signer--(type of authority such as officer or trustee) 1 (stamp) , J E AUGHAN Notary Signature-State of Idaho My Commission Expires:mber 20181002xpires Jun 1, 2024 Sanitary Sewer Easement REV.01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor Attest by Chris Johnson, City Clerk STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 10-13-2020 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature 3-28-2022 My Commission Expires: Sanitary Sewer Easement REV.01/01/2020 Page 80 Item#6. E N G I N E E R I N G September 23,2020 Project No.:18-037 Brighton Investments,LLC Legal Description City of Meridian Sewer Easement ExhibitA A parcel of land for a sewer easement situated in a portion of Government Lot 1,Section 6,Township 2 North, Range 1 East, B.M., City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a found 5/8-inch rebar marking the Northwest corner of said Government Lot 1,which bears N89°42'21"W a distance of 1,320.00 feet from a found brass cap marking the Northeast corner of said Section 6,thence following the northerly line of said Government Lot 1,589°42'21"E a distance of 625.00 feet to the POINT OF BEGINNING. Thence following said northerly line,589042'21"E a distance of 25.00 feet; Thence leaving said northerly line,500°16'52"W a distance of 6.75 feet; Thence 589°42'21"E a distance of 637.75 feet; Thence S10°47'31"E a distance of 173.65 feet to the easterly line of said Government Lot 1; Thence following said easterly line,500°04'35"E a distance of 316.86 feet; Thence leaving said easterly line,N89°42'20"W a distance of 15.00 feet; Thence NOO'04'35"W a distance of 252.98 feet; Thence S89°55'25"W a distance of 48.80 feet; Thence NOO°04'35"W a distance of 20.00 feet; Thence N89°55'25"E a distance of46.64 feet; Thence N10°47'31"W a distance of 192.90 feet; Thence N89°42'21"W a distance of 617.17 feet; Thence 500°16'52"W a distance of 42.25 feet; Thence N89°43'08"W a distance of 25.00 feet; Thence NOO°16'52"E a distance of 74.00 feet to the POINT OF BEGINNING. Said parcel contains a total of 0.633 acres(27,563 square feet), more or less,and is subjectto all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. g��ZiAL �4N a a12459 OF tti .uj.Zp7,0 k L. Sl'►L 9233 West State Street a Boise,Idaho 83714 o 208.639.6939 • ltmengiip.com Page 81 Item#6. wo3-dp8uawj r? U69-GE9(SOZ)3NOHd biLE9 OH V01'35109 '^ 133US 31tl151S3M E£Z6 0 N 1 8 3 3 N 1 0 N 9 Lul n I c m z i m m 2 IJoT Ix :133HS z LEO BS :103rOHd OZOZjagwa;daS 131VO I 7 m 00'*L 3„Z9,9 L.ON O LI o D m O 00'9Z M„80,£1V.69N 51 o O s ,00.9 L 9Z'ztl M„Z9,9 L.OS 81 M„OZ,Zt.69N a n L L'L L9 M.LZ.Zir.69N Ll 'C O N Q ,8679Z V9'9-V 3„9Z,99.69N 91 I w 0 0 o n M„9£,-VO.00N 0010Z N„92,-OO.ON 9-1 I g �+ < O 7 O (A (A n � Cn 0919-V M„SZ,99.62S vi � fD M M. rD o S9'�LL 3„LC,LV.OLS I x CD Olt s;uaulxsanul uo�y�I�g = — STOOTT9017TS:Ndd 9L'LT9 3„Lz,Z-V.sas :3r Fu" X "' a c �� p��3el�ufl o Q o �9� 9L'9 M„Z9,9L.OS ll D _ _ _ lr,0O�'Z CL F-' /�h 0676 Li r i 30NtlLSI❑ 9NI2f d38 3NII m ♦u Cn `v „L2,L-V.OLN O m 00 a fi� 319VI N11 0 + cR �.� ' - _.. C O I T7 Q, b- ——————L7——--————p0��o JNINN1J30 30 1N10d :3 ao -- — ---�L-- O ,00'OL9 — ,00'9Z9 ,00'9Z -------- ----------- -,00'OZ£L 3.LZ,Z*.68S------------------------------------ z cu z ON12i 8 30 SISdB 9 N01103S =r, ' r+ TV IMH 9M '3 L 10`3 1N3V4N83AO0 O N01103S 213N800 1S3MH12lON z9� m rn 83NNOO 1SUHla0N lN3V43ON3V VVOO 30 1NIOd TSZLTbT€TTS:NdV m a T;�] Item#6. I 637.75 s89°42'21"e o h n89°42'21"w n o-° 617.17 o - C O J O W U � O¢ n N i :n W o E i6.61 CjW557re 4&90 N O pO y A /T CT to N 00 yi W Ni F 6 Title: 200922 City of Meridian Sewer Easement Brighton Investments Date:09-22-2020 Scale: 1 inch= 100 feet File: Tract 1: 0.633 Acres: 27563 Sq Feet:Closure=n23.1020e 0.01 Feet: Precision=1/291144: Perimeter=2495 Feet 001=s89.422Ie 25.00 007=n00.0435w 252.98 013=s00.1652w 42.25 002=s00.1652w 6.75 008=s89.5525w 48.80 014 n89.4308w 25.00 003=s89.422 I e 637.75 009=n00.0435w 20.00 015=n00.1652e 74.00 004=s10.4731e 173.65 010=n89.5525e 46.64 005=s00.0435e 316.86 011=00.4731w 192.90 006=n89.4220w 15.00 012=n89.4221 w 617.17 Page 83 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Apex Offsite Sanitary Sewer Easement No. 4 Page 84 ADA COUNTY RECORDER Phil McGrane 2020-138108 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 10/15/2020 11:46 AM Proiect Name(Subdivision): CITY OF MERIDIAN, IDAHO NO FEE Apex Offsite Sewer Sanitary Sewer Easement Number: 4 Identify this Easement by sequential number if Project contains more than one sanitary sewer easement. (See Instructions for additional information). SANITARY SEWER EASEMENT THIS Easement Agreement, made this 13th day of October, 20 20 between SCS Investments Lt_C ("Grantor"),and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WHEREAS,the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described;and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor,and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures,trees, brush,or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Sanitary Sewer Easement REV.01/01/2020 Item#7. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street,then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns,heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANT R: SCS INVESTMENTS LLC i e A. a i, PresideM STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on & date) by Michael A.Hall (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of scs Envestm %LLc (name of entity on behalf of whom record was executed), in the following representative capacity: Presleent (type of authority such as officer or trustee) sWORIL AIAINE — COMMISSION#63192 NOTARY PUBLIG No Signature STATE OF IDAHO My Commission Expires: Sanitary Sewer Easement REV.01/01/2020 Page 86 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor Attest by Chris Johnson, City Clerk STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 10-13-2020 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2022 Sanitary Sewer Easement REV.01/01/2020 Page 87 Item#7. km E N G I N E E R I N G September 23,2020 Project No.:18-037 SCS Investments, LLC Legal Description City of Meridian Sewer Easement Exhibit A A parcel of land for a sewer easement situated in a portion of Government Lot 4,Section 5,Township 2 North, Range 1 East, B.M.,City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a found brass cap marking the Northwest corner of said Section 5,which bears N00°04'35"W a distance of 2,671.16 feet from a found brass cap marking the West 1/4 corner of said Section 5,thence following the westerly line of said Government Lot 4,S00°04'35"E a distance of 177.16 feet to the POINT OF BEGINNING. Thence S10°47'31"E a distance of 53.78 feet; Thence S00°04'35"E a distance of 421.37 feet; Thence N89053'42"E a distance of 247.50 feet; Thence S00006'18"E a distance of 20.17 feet; Thence S44°54'05"W a distance of 47.87 feet; Thence S89°5428"W a distance of 20.29 feet; Thence N42°19'19"W a distance of 39.17 feet; Thence S89°53'42"W a distance of 177.04 feet to the westerly line of said Government Lot 4; Thence following said westerly line, N00'04'35"W a distance of 499.22 feet to the POINT OF BEGINNING. Said parcel contains a total of 0.282 acres(12,294 square feet), more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. a124590 two Ole % 9233 West State Street a Boise,Idaho 83714 0 208.639.6939 a kmengllp.com Page 88 Item#7. BALLARDNKMENGINEERING\KM GENERAL-REMOTE WORKIPROJEM18-037�CAD\SURVEY\EXHIBIT5\18-037 PHASE 5 SEWER EASEMENT SCS INVESTMENTS S1405223000.DWG,AARONBALLARD,9/23/2020,KYOCERATASKALFA45SDCIKX.PC3,-- v v m 2 0 > Z T =mw oW El M, � r,-v!l Z °°S-4 ^' L� a �� A APN: S1406110110 APN:51406110015 M S o Z S. Locust Grave Rd. BASIS OF BEARING ,.-----—----------- --------------------------------------500'04'35"E 2671.16'------------------------------W-------- ' 1994.78' 499.22' a I —————` S00'04'35"E 421.37' ¢ ———� P r Ln -^c 00�Z r O , I00 z o W — z 4 r�o 5� V I� 'A a —I v Z n O Iw Icn oa 0 moo N c� n z� �: IN I`"- W �+ � z O0 [sI rl� IN r,i zm0 0' j °, i I�, Ln z Ln�� fD 1 IN c�i� 4z7 OK r- CU x I o ��, '°M r I M ,=f CL n' ( gW E y O rt � �N q n � `c a � oo � oa :� n V (JI j Cy � N - COTE v0 O Z = Os �v I rm ti ry rn v CD00 w icD 0 Page 89 Item#7. R a o � A N N N id J 247.50 n89°53'42"e s89°53'42"w 177.04 0 6 *^S Title: 200922 City of Meridian Sewer Easement SCS Investments LLC 1 Date:09-23-2020 Scale: 1 inch= 100 feet File: Tract 1: 0.282 Acres: 12294 Sq Feet:Closure=s80.5907w 0.01 Feet: Precision=1/165118: Perimeter=1526 Feet 001=s10.4731e 53.78 005=s44.5405w 47.87 009=-n00.0435w 499.22 002=s00.0435e 421.37 006=s89.5428w 20.29 003=n89.5342e 247.50 007=n42.1919w 39.17 004=s00.0618e 20.17 008=s89.5342w 177.04 Page 90 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Burlingame No. 2 Pedestrian Pathway Easement Page 91 ADA COUNTY RECORDER Phil McGrane 2020-138113 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 10/15/2020 11:47 AM CITY OF MERIDIAN, IDAHO NO FEE Proiect Name(Subdivision): Burlingame Subdivision No.2 Pathway Easement PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made this 13th day of October 2020, between AMH Burlingame Development TRS LLC, a Delaware limited liability company, hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit `B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple-use non-motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall repair and maintain the pathway improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, Item#8. then,to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: AMH Burlingame Development TRS LLC 44- � P Jerem Fritz, ice Presid t-Land Development STATE OF NEVADA ) ) ss. County of Clark } This record was acknowledged before me on , 2020, by Jeremy Fritz, on behalf of AMH Burlingame Development TRS, L C�capacity as Vice President- Land Development. MICHAEL R.PARDO Notary Public-State of Nevada County of Clark A �as APPT.NO.06-102933-1 ot4 Signature MYAPP.Expires Mar.5,2023 My qommission Expires: B 6:5 zoZj Pedestrian Pathway Easement REV.01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor Attest by Chris Johnson, City Clerk STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 10-13-2020(date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2022 Pedestrian Pathway Easement Item#8. EXHIBIT "A" Legal Description City of Meridian Public Access L Multi-Use Pathway Easement Burlingame Subdivision No. 2 An easement located in the E '/2 of the SE % of Section 4, Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at an Aluminum Cap monument marking the southwest corner of the SE % (S corner) of said Section 4, from which a 5/8 inch iron pin monument marking the southeast corner of said Section 4 bears S 89017" 0" E a distance of 2649.98 feet; Thence S 89017'10" E along the south boundary of said SE % a distance of 1324.99 feet to the southwest corner of the E '/2 of the SE % of said Section 4; Thence N 0041'27" E along the west boundary of said E '/z of the SE %a distance of 1432.06 feet to the POINT OF BEGINNING; Thence continuing along said west boundary N 0°41'27" E a distance of 14.00 feet to a point; Thence leaving said boundary S 89022'15" E a distance of 547.29 feet to a point; Thence N 84055'07" E a distance of 21.01 feet to a point; Thence S 89036'13" E a distance of 98.88 feet to a point; Thence S 83059'21" E a distance of 23.51 feet to a point; Thence S 89041'59" E a distance of 63.75 feet to a point of curvature; Thence a distance of 42.57 feet along the arc of a 27.00 foot radius curve right, said curve having a central angle of 90019'44" and a long chord bearing S 44032'07" E a distance of 38.29 feet to a point of tangency; Thence S 0037'45" W a distance of 371.54 feet to a point; Thence S 87°08'48" W a distance of 137.75 feet to a point; Thence N 0°37'45" E a distance of 14.03 feet to a point; Thence N 87°08'48" E a distance of 123.73 feet to a point, Thence N 0°37'45" E a distance of 358.37 feet to a point of curvature; Thence a distance of 20.49 feet along the arc of a 13.00 foot radius curve left, said curve having a central angle of 90019'44" and a long chord bearing N 44032'08" W a distance of 18.44 feet to a point of tangency; LiiidSolutlons City of Meridian Public Access Easement --Land Surveying and Consulting Burlingame Subdivision No.2 Job No. 19-2 Page 1 of Page 95 Item#8. Thence N 89°41'59" W a distance of 63.75 feet to a point; Thence S 84035'23" W a distance of 21.74 feet to a point; Thence N 89036'13" W a distance of 97.69 feet to a point; Thence N 83039'37" W a distance of 24.09 feet to a point; Thence N 89022'15" W a distance of 547.31 feet to the POINT OF BEGINNING. This easement contains 0.42 acres more or less and is subject to any other easements existing or in use. F L LA T N0 S G Clinton W. Hansen, PLS Land Solutions, PC August 11, 2020 a 11118 o F \D oN W NPR City of Meridian Public Access Easement -'-Land Surveying and Consultlng Burlingame Subdivision No. 2 Job No. 19-2 Page 2 of Page 9ti EXHIBIT "B" Item#8. OF MERIDIAN PUBLIC ACCESS / MULTI-USE PATHWAY EASEMENT BURLINGAME SUBDIVISION NO. 2 LOCATED IN THE E 1/2 OF THE SE 1/4 OF SECTION 4, T.3N., R.1 W., B.M.,ADA COUNTY, IDAHO � �2 w —F—T cif T Y SUBD• N��' � z L I U O 1\184'55'07"E Z y' 98.88' S83'59'21"E 23.51' 21.01' N -------- S89'22'15"E 547.29' 0.42 ACRES _-_- S89'36'13"E -_L -1S89 59"E 63.75' o --------------------------- -- ----- -------------------------------------- -- z N89'22'15"W 547.31' N83'39'37"W N89'36'13"W C'�j 1 97.69'I,.4 11 POINT OF BEGINNING 24.09' 0 Ln 1 Wilms w ZiiN GV 1 1 Z OSED BURLINGAME SUBD. N0. PROP w 123.73' d o o S8708'48"W z 137.75' SW CORNER 1/� 4 1324.99' SE 1/4 SE 1/4 _ 1324.99' WEST CHERRY LANE 4 1 3 9 S89'17'10"E 2649.98' 9 10 BASIS OF BEARING NNL LA NO S CURVE TABLE �5 �G S TF GAL a CURVE If LENGTH RADIUS DELTA BEARING CHORD C1 42.57' 27.00' 90'19'44" S44'32'07"E 38.29' a N�1�1'1�l 8�0 C2 20.49' 13.00' 90'19'44" N44'32'08"W 18.44' n� q�, . OF � ON W.NP j tions 0' 75' 150' 300' Lan lLand Surveying and Consulting 231 E.STH ST.,STE.A MERIDIAN,ID 83642 (208)288-2040 (208)288-2557 fax www.landsolutions.W JOB N Page 97 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Gem Prep: Meridian North Pedestrian Pathway Easement Description No. 2 Page 98 ADA COUNTY RECORDER Phil McGrane 2020-138114 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 10/15/2020 11:47 AM CITY OF MERIDIAN, IDAHO NO FEE Protect,Naffl j& dWWook Gem Prep:FAerKw Norm AedesMw Pathwayy Eaeamt Desm No PEDESTRIAN P EASE1ViEW THIS AGREEMENT, made this 13th day of October,2020 . between Gem Prep:Meridian{North,LLC hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as"Grantee'; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway;and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway;and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein;and NOW,THEREFORE,the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple-use non-motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures,trees,'brush,or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto,that the Grantor shall repair and maintain the pathway improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, Pedestrian Pathway Easement REV.01/01/2020 Item#9. then,to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land,and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF,the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR:Joshua D. Femreite STA OF F-) tjIq 9#I /6T!Th ss County of A4a- ) w ylTrng,J This record was acknowledged before me on U (date) by ScP,-����2 Zv Zn J-0-4* �' Aname of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of 6611 /Wep A10/ZM (name of entity on behalf of whom record was executed), in the following representative capacity: COii5p a( A)Cu s ffcj-tne[r,(type of authority such as officer or trustee) (stamp) Notary ignature � 7DIANNEE L LOWE My Commission Expires:�u L� / �� Y PUBLIC ASHINGTONmber 179234 WlyExpires July 1 2 bZ, Pedestrian Pathway Easement REV.01/01/2020 Page 100 Item#9. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor Attest by Chris Johnson, City Clerk STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 10-13-2020 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2022 Pedestrian Pathway Easement REV. 01/01/2020 Page 101 Item#9. LAND SURVEYS en ineenFox HMH Exhibit A: Gem Innovation School— Pedestrian Pathway Easement Description No. 2 A 14 foot wide Multi-Use Easement, lying within portion of Parcel SO428325600 recorded as Warranty Deed Instrument No. 2019-073908, also shown on Record of Survey No. 12188 filed in Records of Ada County, lying in the Northwest 114 of the Southwest 114 of Section 28, Township 4 North, Range 1 West, Meridian City, Boise Meridian, Ada County, Idaho, more particularly described as follows. COMMENCING at the Southwest Corner of Section 28, monumented by a found 3 1/2-inch Brass Cap as described in Corner Record Instrument No. 2020-020779, from which the West 1/4 Corner of Section 28 bears North 01°00'44" East, 2630.80 feet, monumented by a found 2-inch Aluminum Cap, as described in Corner Record Instrument No. 2020-020780, A. Thence along the West Section line of Section 28, North 01°00'44" East, 1,315.33 feet to the Southwest corner of said Parcel 50428325600 the South 1/161h Corner of Section 28 and 29, monumented by a found 1/2-inch rebar with no cap; B. Thence along the South line of said Parcel, South 89°19'10" East, 44.81 feet; C. Thence North 01*01'24" East, 1.00 foot to the TRUE POINT OF BEGINNING; 1. Thence North 01001'24" East, 14.00 feet; 2. Thence along a line 15.00-feet North of and parallel with the South Property line of said Parcel, South 89°19'10" East, 389.22 feet; 3. Thence along the arc a curve to the right 10.53 feet, having a radius of 32.00 feet, a central angle of 18°51'33" and subtended by a chord bearing South 79°53'23" East, 10.49 feet; 4. Thence South 70'27'37" East, 5.98 feet to the East line of said Parcel; 5. Thence along said East line, South 01°00'44" West, 11.35 feet to the Southeast corner of said Parcel and a found 5/8-inch rebar with cap stamped "Land Solutions PLS 11118"; 6. Thence along the South line of said Parcel, North 89019'10" West, 10.02 feet; 7. Thence along the arc of a non-tangent curve to the left 6.03 feet, having a radius of 18.00 feet, a 680 S. Progress Ave., Suite #213 • Meridian, Idaho 83642 • Tel: 208-342-7957 • Web: hmh-llc.com Equal Opportunity Employer ruprojects\2020\s20009 paradigm\s20009-01 gem charter\hmh dots\descriptions\pedestrian pathway no.2\pedestrian pathway no.2.docx Page11 Page 102 Item#9. central angle of 19°11'17" and subtended by a chord bearing North 79°43'31" West, 6.00 feet; 8. Thence along a line 1.00-foot North of and Parallel with the South line of said Parcel, North 89'19'10" West, 389.30 feet to the TRUE POINT OF BEGINNING. Containing 5,664 square feet or 0.130 acres, more or less. See Attached Pedestrian Pathway No. 2 Sketch 1;► ,. END OF DESCRIPTION w �j-Zo Prepared By: F OF I'D Timothy J. Fox, PLS 7612 Senior Project Manager TFJR r;\projects\2020\520009 paradigm\s20009-01 gem charter\hmh docs\descriptions\pedestrian pathway no.2\pedestrian pathway no.2.docx Page 12 Page 103 Item#9. ££ Z£ $z 6z\ y. 00 > �G ,x u o ui a °' ,OE'68£ M„01,6Lo68N TZI z LLI Q ---------__ems-- �_�_�_�,.��...w _i `9I1 ` Q Z m ,ZZ'68£-3„0L,6"68S U Q o c N Z x w a 6 o n U C c O N w z m N �' N W y h w C 00 U Z Z i� Z o ao a° M o o E UJ o W J I; r Q1 a N 41 U9 W W U M h m O o w cu w P) r — N N (� aQ W w W N 0 O G G O Z a? O ap O O f0 a o -i 0 Z Z to Z Z Z M Iy N fD M (a lf) h L m •L. W L- U U U N Q W Z U) w no¢ N t+" Z U ao o u.l W d � o� � m(nz w p I� � :C L ' z z I W — U 9Z� Zi Z I M a E Z U) `tom ��, W I Z O Q m Q 7 I Z p a J N w I I aJ W Q O r h I w ' I > U W 0 \ W I- w I i j Q a c ❑ O I I cO U W C Z 1 ^� CD I O L a J R/W RJW J� 4-0 a C LU J rn ci cn x Q U W .>*d SQrJ� �Q U) 6u4uui69g 40 co w sZ �\ uio CD any1 ❑ Z o 6Z Page 104 Item#10. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Gem Prep: Meridian North Sanitary Sewer Easement No. 1 Page 105 Item#10. ADA COUNTY RECORDER Phil McGrane 2020-138739 Proiect Name(Subdivision); BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 10/16/2020 10:18 AM Gem Prep:Meridian North CITY OF MERIDIAN, IDAHO NO FEE Sanitary Sewer Easement Number: No. 1 Identify this Easement by sequential number if Project contains mote than one sanitary sewer easement. (See Instructions for additional information). SANITARY SEWER EASEMENT THIS Easement Agreement, made this -LO day of 20 10 between Gem Prep:Meridian Nora,.LC ("Grantor"), and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WHEREAS,the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described;and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW,THEREFORE, in consideration of the benefits to be received by the Grantor,and other goad and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures,trees,brush,or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Sanitary Sewer Easement REV.01/01/2020 Rage 1fl6 Item#10. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns,heirs,personal representatives, purchasers,or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Joshua D.Fe Re I STATE OF AHO ) ) ss County of Ada ) This record was acknowledged before me on 0 4date) by J0-5)j H A 6qi g,C i E (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of G ig' PkEP MCPJOtg,✓ n/02-4 (name of entity on b7hlf of whom record was executed), in the following representative capacity: C�}�� c l SLNooLS (type of authority such as officer or trustee) (stamp) X(�Z of/, Notary Signature �/ zC�Z3 My Commission Expires: C! y DIANUm"NE L LOWE STATE OF WASHlING7ON N lmu9 MY CDmmbMm Expkn July 1,2023 Sanitary Sewer Easement REV.01/01/2020 Page 107 Item#10. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor Attest by Chris Johnson, City Clerk STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 10-13-2020 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires:3-28-2022 Sanitary Sewer Easement REV. 01/01/2020 Page 108 Item#10. FOX HMH W,JW nn in LAND SURVEYS en g ee g Exhibit A: Gem Innovation School—Sewer Easement Description No. 1 A portion of Parcel SO428325600 recorded as Warranty Deed Instrument No. 2019-073908, also shown on Record of Survey No. 12188 filed in Records of Ado County, lying in the Northwest 114 of the Southwest 114 of Section 28, Township 4 North, Range 1 West, Meridian City, Boise Meridian, Ada County, Idaho, more particularly described as follows. COMMENCING at the Southwest Corner of Section 28, monumented by a found 3 1/2-inch Brass Cap as described in Corner Record Instrument No. 2020-020779, from which the West 1/4 Corner of Section 28 bears North 01000'44" East, 2630.80 feet, monumented by a found 2-inch Aluminum Cap, as described in Corner Record Instrument No. 2020-020780, A. Thence along the West Section line of Section 28, North 01000'44" East, 1,315.33 feet to the Southwest corner of Parcel SO428325600 the South 1/161h Corner on the Section line between Sections 28 and 29, monumented by a found 1/2-inch rebar with no cap; B. Thence along the South line of said Parcel, South 89°19'10" East, 27.00 feet to a survey monument to be set, stamped "PLS 7612"; C. Thence along the new Easterly Right-of-Way of N. McDermott Rd., parallel with and 27.00 feet East of said Section Line, North 01`00'44" East, 40.01 feet to a survey monument to be set, stamped "PLS 7612"the POINT OF BEGINNING; 1. Thence continuing along said new Right-of-Way, North 01000'44" East, 30.00 feet to a survey monument to be set, stamped "PLS 7612"; 2. Thence South 89019'33" East, 370.56 feet; 3. Thence North 01'00'42" East, 129.75 feet; 680 S. Progress Ave., Suite #2B a Meridian, Idaho 83642 * Tel: 208-342-7957 * Web: hmh-Ilc.com Equal Opportunity Employer c:\users\tfox\appdata\local\microsoft\windows\inetcache\content.outlook\ju635gxn\description sewer no.l.do[x Page 11 Page 109 Item#10. 4. Thence South 88°59'18" East, 52.50 feet to the East line of Parcel 50428325600, monumented by a survey monument to be set, stamped "PLS 7612"; 5. Thence along said East line, South 01°00'44" West, 30.00 feet; 6. Thence North 88059'18" West, 22.50 feet; 7. Thence South 01°00'42" West, 129.57 feet; S. Thence North 89019'33" West, 400.56 feet to the POINT OF BEGINNING. Containing 16,582 square feet or 0.380 acres, more or less. See the Attached Sewer Easement No. 1 Sketch. END OF DESCRIPTION Prepared By: � Timothy J. Fox, PLS 7612 Senior Project Manager THR c:\users\tfox\appdata\local\microsoft\windows\inetcache\content.out look�u635gxn\description sewer no.1.dacx Page 2 page 110 Item#10. 29 1p cn 0 FFS 28 Ok 1a�5 /� o o . c o 0 0 T 7 T A m O+ h `J Nsra H a a W- Gem Street rwa r-,I Q 1 1 1®0 1 I 1 1 7A I 1 1 2 I 1 1 /� m 0 Co 1i1(D M0 < � 1 � 3 m 0C � 1 K c m 1 — m � -< 1 7 Z � 9 ; z o D O O I C XZc d z D o M 1 o 2 z I Z o Ul rn Enn A w N r I ? mmmo o m o c M a 0O00 .� Z 0 `A °° G7cnZD 7 W 00 m o_ o m A I Ti m 0 rn m m m M z Cn om * � �' CD zt z ? N W M G7 N m � /V o V o N o N m CD 0 OQ Q a a O O a Z m M a N o CD 3 rn o z L4 Z I _ r a Ii o I. .-1 L2 IL- N ol CO CD rn�LAi N N O L 11 S89°19'33T 370.56' cry - - ---T TT r.. ..'r,.�,.?�rf-;`%' -- • �� k _:r..__ L__ .. ..4 _ cn • p > w r �N89°19'33"W~400.56' z D J92 mL,08cc 128W. McMillan Road 32 33 Page 111 Item#11. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Gem Prep: Meridian North Water Main Easement No. 1 Page 112 p�}ed Name{Subdivisiga;; ADA COUNTY RECORDER Phil McGrane 2020-138742 Gem Prep: Meridian North BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 10/16/2020 10:19 AM CITY OF MERIDIAN, IDAHO NO FEE Water laip Easemer_tNumber, No. 1 ldentify this Easement by sequential number if Project contains more than one Water Main easement (See Instructions for additional information). WATER MAIN EASEMENT THIS Easement Agreement, made this I 0 day of ; " 20.2-0 between Gem Prep:Meridian North.t_LC ("Grantor"),and the City of Meridian, an Idaho Municipal 6rporation("Grantee"); WHEREAS,the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described,and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others;and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW,THEREFORE,in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto,that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures,trees,brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Version 01/01/2020 Page�13 Item#11. public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns,heirs,personal representatives,purchasers,or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Joshua D. Femreite STATE OF ) ) ss County of Ad- j V j TPn This record was acknowledged before me on 9/0-Zd?,) (date) by J osH V A n'i e-E)rc (name of individual), [complete the fallowing if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of & GEM FAF010 Dl19-1 Aft" (name of entity on half of whom record was executed), in the following representative capacity:Qth � 44 (type of authority such as officer or trustee) (stamp) allmll Notary Signature My Commission Expires: L DIANNE LL LOWE STATE OF W��� lioente*in*170M MY CommbMw Expires,may 1,2023 Page 114 Water Main Easement Version 01/01/2020 Item#11. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor Attest by Chris Johnson, City Clerk STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 10-13-2020 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature 3-28-2022 My Commission Expires: Page 115 Water Main Easement Version 01/01/202 Item#11. FOX JHMH 6W, ,d LAND SURVEYS en gin eenng 1W Exhibit A: Gem Innovation School—Water Easement Description No. 1 A portion of Parcel SO428325600 recorded as Warranty Deed Instrument No. 2019-073908, also shown on Record of Survey No. 12188 filed in Records of Ada County, lying in the Northwest 114 of the Southwest 114 of Section 28, Township 4 North, Range 1 West, Meridian City, Boise Meridian, Ada County, Idaho, more particularly described as follows. COMMENCING at the Southwest Corner of Section 28, monumented by a found 3 1/2-inch Brass Cap as described in Corner Record Instrument No. 2020-020779, from which the West 1/4 Corner of Section 28 bears North 01'00'44" East, 2630.80 feet, monumented by a found 2-inch Aluminum Cap, as described in Corner Record Instrument No. 2020-020780, A. Thence along the West Section line of Section 28, North 01°00'44" East, 1,315.33 feet to the Southwest corner of Parcel SO428325600 the South 1/161h Corner on the Section line between Sections 28 and 29, monumented by a found 1/2-inch rebar with no cap; B. Thence along the South line of said Parcel, South 89°19'10" East, 27.00 feet to a survey monument to be set, stamped "PLS 7612"; C. Thence continuing along said South line, South 89*19'10" East, 423.06 feet to the Southeast corner of said Parcel, monumented by a found 5/8-inch rebar with cap stamped "Land Solutions PLS 1118"; D. Thence along the East line of said Parcel, North 01°00'44" East, 169.50 feet to the POINT OF BEGINNING; 1. Thence North 88°59'18" West, 22.50 feet; 2. Thence South 01°00'42" West, 47.07 feet; 3. Thence North 88°59'20" West, 49.21 feet; 680 S. Progress Ave., Suite #2B • Meridian, Idaho 83642 • Tel: 208-342-7957 • Web: hmh-llc.com Equal Opportunity Employer c-\users\tfox\appdata\local\microsoft\windows\metcache\con ten t.outiookvu635gxn\description water no.l.docx Page 11 Page 116 Item#11. 4. Thence South 01000'42" West, 10.50 feet; 5. Thence North 88°59'18" West, 10.00 feet; 6. Thence North 01°00'42" East, 10.50 feet; 7. Thence North 88°59'20" West, 205.79 feet; 8. Thence North 01000'42" East, 104.21 feet; 9. Thence North 88°59'59" West, 10.50 feet; 10. Thence North 01°00'01" East, 10.00 feet; 11. Thence South 88°59'59" East, 10.50 feet; 12. Thence North 01°00'42" East, 290.00 feet; 13. Thence North 88°59'59" West, 10.50 feet; 14. Thence North 01000'01" East, 10.00 feet; 15. Thence South 88059'59" East, 10.50 feet; 16. Thence North 01°00'42" East, 165.80 feet to the new Southerly Right-of-Way for Gem Street; 17. Thence along said new Right-of-Way South 89°21'13" East, 18.04 feet; 18. Thence continuing along said new Right-of-Way, along the arc a curve to the left 1.96 feet, having a radius of 83.50 feet, a central angle of 01020'43" and subtended by a chord bearing North 89'58'25" East, 1.96 feet to a survey monument to be set, stamped "PLS 7612"; 19. Thence South 01°00'42" West, 560.16 feet to a survey monument to be set, stamped "PLS 7612"; 20. Thence South 88°59'20" East, 215.00 feet to a survey monument to be set, stamped "PLS 7612"; 21. Thence North 01°00'42" East, 57.07 feet to a survey monument to be set, stamped "PLS 7612"; c:\usersltfox\appdata\locallmicrosoftlwindows\inetcache\content.outlook\ju635gxn\description water no.Idocx Page 12 Page 117 Item#11. 22. Thence South $$°59'18" East, 52.50 feet to a survey monument to be set, stamped "PLS 7612"; 23. Thence South 01°00'44" West, 30.00 feet to the POINT OF BEGINNING. Containing 19,204 square feet or 0.440 acres, more or less. See the Attached Water Easement No. 1 Sketch. END OF DESCRIPTION Prepared By: `g 2V Timothy J. Fox, PLS 7612 ofr' Senior Project Manager TFAR c:\users\tfox\appdata\local\microsoft\windows\inetcache\content.outiook\u635gxn\description water no.l.docx Page I 3 page 118 Item#11. ££ Z£ BZ 6Z,\ }. " o LLB ao > M O 90 OS7 3 OE.6lo6B5 • Z r ,� J ❑ �o Ezb Q z Z � ¢ o .r rn J rn o o U} N C o CL �u w Z cm m o (7 L h O Old _ z N p Q� ^�1�7Srwrr� rrt r���rq m co ZQD I' + 00'S4Z 3u0Z6S,89S l I (p U Z 9�1 .-� I 1 �� • '� O u'1 uy O w zo r� 1 1 � Zll � w 1 1 D Q v _ r. En Z W L11 W 1 (� J No O r of Q CD 'c+ Lo o uO 1 . 1 o V p 0) a� o M R, I J cn a) w w O in ,r, o Ln I 1 m iA Z p m m O m 1. '1�! ❑ Lq (6 ❑ N z z 0) i < w W 1I LA cl 1 LA 0 Ix 0+ Z r Y� L r. w A/1 J t° , JN O O Lvwn - ❑O a w i--� O w sn 1-'. o tF- L, Z m z W Il] I;i .j o LLI Q `�} O W W ♦(A.� Q O N ap N N m N 1 I Z O Q U)Z W w L) O O Q o O1 c5 1 O 1 F w O O l[7 O 4 l!] 1^. 1 O Z �' 1 Zr Z 1 1LU - ? d N �cn z z z z � :y'� z Q^ i a w co 1" I J ccI Z x 0 1 co 0) ..i 1 Z O Q J N N N ♦— J J J .J Z i w i LUU M 2 i" r 1 � U w Z Lo o o N C r. `1 jT1 1 X J w cla 1 1 to W 1 Q Q r� cNi a °r a ups Lo r. 'I 7 1 V) U w V w 1'. .+ o f 1 r",i En O } t.."r aD I 6% -J ? LL lL L• `4� I O ao V o> O r,i rn o l y' I W w uj 4n o ur C +n (D Z Er ao m c0 ®k;, ca co 0 co co 4 E 0 z RM6-1 a �R E M w R w w o J F- QL) U) o o ti cD ` r. x.�.._ �c ❑ z 7L 6Z Page 119 Item#12. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Gem Prep: Meridian North Water Main Easement No. 2 Page 120 Item#12. iectName(Subdiyisionls ADA COUNTY RECORDER Phil McGrane 2020-138746 Gem Prep: Meridian North BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 10/16/2020 10:20 AM CITY OF MERIDIAN, IDAHO NO FEE Wpter Maiu]Easement Number: NO. 2 Identify this Easement by sequential number if Project contains more than one Water Main easement. (See Instructions for additional information). WATER MAIN EASEMENT THIS Easement Agreement, made this iQ_ day of 20: between Gem Prep:Meridian North,LLG ("Grantor"),and the City of Meridian,an Idaho Municipal orporation("Grantee"); WHEREAS,the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described;and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others;and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW,THEREFORE,in consideration of the benefits to be received by the Grantor,and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described.property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED,by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed,any permanent structures,trees,brush,or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement,for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Version 01/01/2020 Page'12'I Item#12. public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns,heirs,personal representatives,purchasers,or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Josh Femreite STAI OF iDmlBe j W,461b^16' ss County off ) t,3 f{17m11 This record was acknowledged before me on -/b• �date) by�-10-514 (r+ it'I2c%1 i c (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of GEM P(L�c Pgei DtfpJ /J(7R-tom (name of ntity on �e half of whom record was executed), in the following representative capacity: �41 t:F N gAj S p LC (type of authority such as officer or trustee) (stamp) Notary Signature �� / 20 Z My Commission Expires: `� 1 DIANNE L LOWE NO PUBLIC STATE OF WASHINGTON Lianas DMwdw V9234 y Commission Expires July 1.20n Water Main Easement Version 01/01/2020 Page 122 Item#12. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor Attest by Chris Johnson, City Clerk STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 10-13-2020 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2022 Page 123 Water Main Easement Version 01/01/202 Item#12. -�'� �! FOX JHMH LAND SURVEYS engineering Exhibit A: Gem Innovation School—Water Easement Description No. 2 A portion of Parcel SO428325600 recorded as Warranty Deed Instrument No. 2019-073908, also shown on Record of Survey No. 12188 filed in Records of Ada County, lying in the Northwest 114 of the Southwest 114 of Section 28, Township 4 North, Range 1 West, Meridian City, Boise Meridian, Ado County, Idaho, more particularly described as follows. COMMENCING at the Southwest Corner of Section 28, monumented by a found 3 1/2-inch Brass Cap as described in Corner Record Instrument No. 2020-020779, from which the West 1/4 Corner of Section 28 bears North 01'00'44" East, 2630.80 feet, monumented by a found 2-inch Aluminum Cap, as described in Corner Record Instrument No. 2020-020780, A. Thence along the West Section line of Section 28, North 01°00'44" East, 1,315.33 feet to the Southwest corner of Parcel S0428325600 the South 1/161h Corner on the Section line between Sections 28 and 29, monumented by a found 1/2-inch rebar with no cap; B. Thence continuing along said Section line, North 01000'44" East, 774.50 feet to the Northwest corner of said Parcel, monumented by found nail and washer; C. Thence along the North line of said Parcel, South 89°21'13" East, 27.00 feet to the new East Right-of-Way of N. McDermott Rd.; D. Thence along said new East Right-of-Way, South 01'00'44" West, 23.50 feet to the new North Right-of-Way of W. Gem St.; E. Thence along said new North Right-of-Way, South 89021'13" East, 18.04 feet to the POINT OF BEGINNING; 1. Thence North 00038'47" East, 7.51 feet; 2. Thence South 89*21'13" East, 10.00 feet; 3. Thence South 00038'47" West, 7.51 feet to the new North Right-of-Way of W. Gem St.; 680 S. Progress Ave., Suite #2B • Meridian, Idaho 83642 • Tel: 208-342-7957 • Web: hrnh-Ilc.com Equal Opportunity Employer r:\projects\2020\s20D09 paradigm\s20009-01 gem charter\hmh docs\descriptions\water esmt no 2\description water easement no.2.docx Page 11 Page 124 Item#12. 4. Thence along said new North Right-of-Way, North 89°21'13" West, 10.00 feet to the POINT OF BEGINNING. Containing 75 square feet or 0.001 acres, more or less. See the Attached Water Easement No. 2 Sketch. �r4, A- LI.74 � 4 END OF DESCRIPTION LP Prepared By: y �. Timothy J. Fox, PLS 7612 Senior Project Manager TF:1R r:\projects\2C20\s20009 paradigm\s20009-01 gem charter\hmh docs\descriptions\water esmt no 2\description water easement no.2.docx Page 1 2 Page 125 Item#12. `6 29 a O 28 �F�c S cn cfD zu _0 x o U5. rn O to c r O r , r- t - _ (� h7 m AN �9 O p'�i� O • CL m �-f fi0 • rwa W. Gem Street a � Nva o � c r—v CD (A I •. ®0 0 1 2 :3 r � � r i QO m 0 cn r L64 N m n C • Z � M m 1 Z o D Z zED C m vc z z 0 o cn z D Z Z o : ZCnM o a 0 --1 �f -0 n mm0 d "' D_ g �. 0 �Zn m o m o w m MO N `''' z ... CD i j� : oo S89°21'13"E 18.04' ' CD 0 UQ • M18 rwa I J pa V) Lao m 0. N c� CD co A o to m X. rn z rn cn cn zco C7 N ow c°'np o Z m N N m n m w " w w y O CO :� :g m rn m Z r M 0 V 4 - m o a o z O Cn OD D D z Nd mo rl s 717 1 ri [Tf 0 o �29 28 W. McMillan Road 32 33 Page 126 Item#13. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: LaSalle Building at Ten Mile Crossing Water Easement Page 127 ADA COUNTY RECORDER Phil McGrane 2020-1381 1 6 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 10/15/2020 11:49 AM Pruiect Name(Subdivision: CITY OF MERIDIAN, IDAHO NO FEE LaSalle Building at Ten Mile Crossing water TV[Mn Easement Number: Identify this Easement by sequential number if Project contains more than one Water Main easement. (See Lnstructions for additional information). WATER MAIN EASEMENT THIS Easement Agreement, made this 13th day of October , 20 20 between BVASB lien Mile LaSalle Building LLC ("Grantor"), and the City of Meridian, an Idaho Municipal (Corporation ("Grantee") WHEREAS,the Grantor desires to provide a water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and a]I tithes. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREE, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and. maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures,trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement 'Version 01/01/2020 Item#13. public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: BVASB TEN MILE LASALLE BUILDING. LLC. an Idaho limited liability company By: BV MANAGEMENT SERVICES, INC., an Idaho corp ratio�1, the Executive Manager By: Thel W.rasper, Vice President STATE OF IDAHO ) ) ss County of bMD&AN On this W'�day of ✓ , 2020, before me, the undersigned, a Notary Public in and for said State, personally appeared Thel W. Casper, known or identified to me to be the Vice President of BV Management Services, Inc., the corporation that is an Executive Manager of BVASB Ten Mile LaSalle Building, LLC, the limited liability company that executed the within instrument or the person who executed the instrument on behalf of said limited liability company. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day and year in this certificate first above written BRANDI LOVE L� COMMISSION NO. 37925 Notary Public for Idaho NOTARY PUBLIC Residing ine ra ` STATE OF IDAHO MY COMMISSION EXPIRES O4M226 My commission expires 1-k - 12,-Za ZCA [Grantor's signatures continue on following page] Water Main Easement Version 01/01/2020 page 129 Item#13. BVASB TEN MILE LASALLE BUILDING, LLC, an Idaho limited liability company By: BRIGHTON CORPORATION, an Idaho corporate e Executive Manager By: Robert L. P fillips,President STATE OF IDAHO ) ss County of ) On this day of , 2020,before me, the undersigned, a Notary Public in and for said State, personally appeared Robert L. Phillips, known or identified to me to be the President of Brighton Corporation, the corporation that is an Executive Manager of BVASB Ten Mile LaSalle Building, LLC, the limited liability company that executed the within instrument or the person who executed the instrument on behalf of said limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written lam- l.�Oc. Notary Public for Idaho Residing in 4 le— SHARI VAUGHAN My commission expires fa - Notary Public-state of Idaho Commission Number 201 si002 My Commission Expires.fun 1, 2024 Page130 Water Main Easement Version 01/01/2020 Item#13. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor Attest by Chris Johnson, City Clerk STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 10-13-2020 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2022 Water Main Easement Version 01/01/2020 Page 131 Item#13. 2775 W.Navigator Drive,Suite 210 Merid'an,Idaho Moe lVeridian,Idaho 83642 TO: 208.895.2602 www,horror,ks.com H O RR O C K S Fax: 2 6 561 E N G I N E E R S Date: September 3, 2020 r �" Project: ID-1573-1901 8 60 Page: 1 of 2 91- EXHIBIT A ZOF4 LA SALLE WATER SERVICE EASEMENT This easement is located in a portion of the N.E. '1 of the S.W. '/ of Section 14,Township 3 North, Range 1 West of the Boise Meridian and is situated within a parcel identified as Assessors Parcel No. S 1214315353, City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at the northeast comer of said N.E. 1/ of the S.W. '/ , from which the northwest comer of the of the S.W. 11 of said Section 14 bears N.89°11'34"W.,2656.39 feet; thence along the east boundary of said N.E. % of the S.W. '/, 1) S,00°35'28"W., 857.94 feet to the southwest corner of Lot 7, Block 3 of Primrose Subdivision, on file in Book 25,Page 1,576 through 1,577,records of Ada County, also being the northeast corner of said Assessors Parcel; thence along the north boundary of said Assessors Parcel, 2) N,89°12'02"W., 59.31 feet, thence continuing along said north boundary; 3) N.44°25'58"W., 78,72 feet to a point of curvature on the southerly boundary of a parcel described as Parcel 3 in Correction General Warranty Deed, on file as Instrument No. 2017-003266, records of Ada County, thence along said southerly boundary and a curve to the right, 4) Having an are length of 187.56 feet, a radius of 237.50 feet, through a central angle of 45114'55"and a long chord which bears 5.68°11'31"W., 182.73 feet; thence continuing along said southerly boundary, 5) S-89-11'04"E., 15.80 feet to the POINT OF BEGINNING;thence leaving said southerly boundary, 6) 5.00048'57"W., 70.32 feet, thence; 7) N.89°11-04"W., 30.00 feet, thence; HAD-1573-1901 LaSalle Building TM Crossing/Project Data/04 Survey/Descriptions/Water Easement 090320 Page 132 Item#13. Date: September 3, 2020 Project: ID-1573-1901 Page: 2 of 2 8) N.00048157"E., 70.32 feet to said southerly boundary: thence along said southerly boundary, 9) &89°11'04"E., 30.00 feet to the POINT OF BEGINNING. f � o � HAD-1573-1901 LaSalle Building TM Crossing/Project Data/04 Survey/Descriptions/Water Easement 090320 Page 133 Item#13. o �e° ,°� b o � z 2 0 I, — M r ma's�tr* CO � �p�s z f-- fY � m Lu w � r a w a 'j U 1 •� N W Ll! IZ LLJ U) ' L W ro o U Z rM �0 z U c to CN o M U> d.`�'.r P. LU Z Z ' —itLQ U U Olpp �02 a o- U M W LJ o o g z z v z Od O �4 � cow V im �- z p p Q M M„1�,8t�oflS 'Moz w G LU w va � � ���L9�St+•flN ul , Item#14. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Movado No. 8 Pedestrian Pathway Easement Page 135 ADA COUNTY RECORDER Phil McGrane 2020-151517 BOISEIDAHO Pgs=5 NIKOLA OLSON 11/06/2020 10:25 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name(Subdivision): Movado 8 Subdivision PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made this 15th day of §eptembqr202O , between Evans Development LLC, hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple-use non-motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall repair and maintain the pathway improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, Pedestrian Pathway Easement REV. 01/01/2020 Item#14. then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: Evans Development LLC hiol STATE OF IDAHO } } ss County of Ada } This record was acknowledged before me on 1' IS aedate) by (name of individual), [complete the following if signing in a represent rive capacity or strike the following if signing in an individual capacity] on behalf of e7 d yn*� (name of entity on behalf of whom record was executed), in the following repres ntative capacity: &U ft OL4,0j/' (type of authority such as officer or trustee) ,.• )q; •,�.r Notary Signature �`� ► My Commission Expires: 4 tnAUBLIC ' ' 0 l3v'1SC, "11111`16'OF ITP .• Pedestrian Pathway Easement REV.0 1/0 1/2020 Page 137 Item#14. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor Attest by Chris Johnson, City Clerk STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 10-13-2020 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2022 Pedestrian Pathway Easement REV. 01/01/2020 Page 138 Item#14. Sawtooth Land Surveying, LLC P: (208) 398-8 1 04 F: (208) 398-81 05 � 11574 y'Ll 'V 2030 5. Washington Ave., Emmett, ID 83G 17 4]1� City of Meridian Pathway Easement Legal Description 13EA��' BASIS OF BEARING for this description is N. 89°13'35" W., between an aluminum cap marking the northeast corner and a brass cap marking the N1/4 corner, both in Section 21, T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho. A 16-foot wide easement located in the E1/2 of Section 21, T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho, being 8.00 feet left and 8.00 feet right of the following described centerline: COMMENCING at a brass cap marking the N1/4 corner of said Section 21; Thence S. 0°11'04" W., coincident with the westerly line of the NE1/4 of said Section 21, a distance of 2039.72 feet; Thence leaving said westerly line of the NE1/4, S. 89°48'56" E., 1668.01 feet to an angle point on the easterly boundary of Movado Subdivision No. 6, as shown in Book 117 of Plats, Page 17780, Ada County Records, marked by a 5/8" rebar PLS 14221, said point being the southeasterly corner of Lot 8 and the northeasterly corner of Lot 15, Block 8 of said Movado Subdivision No. 6; Thence N. 24°44'29" W., coincident with said easterly boundary, 8.01 feet to the beginning of a non- tangent curve to the left and the POINT OF BEGINNING; Thence 52.16 feet along the arc of said curve, having a radius of 217.00 feet, with a central angle of 13046'19", subtended by a chord bearing N. 55'38'11" E., 52.03 feet; Thence N. 48045'01" E., 202.35 feet to the beginning of a tangent curve to the right; Thence 74.42 feet along the arc of said curve, having a radius of 93.00 feet, with a central angle of 45050'58", subtended by a chord bearing N. 71°40'30" E., 72.45 feet; Thence S. 85°24'01" E., 171.21 feet to the beginning of a tangent curve to the right; Thence 39.57 feet along the arc of said curve, having a radius of 93.00 feet, with a central angle of 24022'52", subtended by a chord bearing S. 73°12'35" E., 39.28 feet; Thence S. 60°50'04" E., 319.23 feet; Thence S. 63°04'43" E., 75.43 feet to POINT OF TERMINUS. The above described easement contains 14,950 square feet and/or 0.343 acres more or less. P:\2019\19338-MOVADO 8 CIVIL INNOVATIONS\Survey\Drawings\Descriptions\19338- movado 8 city of meridan pathway.docx _ I1 Page 139 Item#14. y 50-11'04"W 2039.72' O1 o . rn � �m a om � o c f t d � 0 IJ z z � ' o n +o n3 A T o � k ; o n ti rn T p rn Y � 0 2 O '\i 11 1 n Aa r� n o \% ,o do o rn g8� d 'Co' tz J � rri tz r / 1yz i�C/] pFR? 1 / 1 p� f j �. rn ZE r . O ��00 go do A i ko p w --- z rn S. CLOVERDALE ROAD �( Page 140 Item#15. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: TM Creek Cobalt Sanitary Sewer Easement No. 1 Page 141 ADA COUNTY RECORDER Phil McGrane 2020-138130 BOISE IDAHO Pgs=9 BONNIE OBERBILLIG 10/15/2020 11:55 AM 1'raiect Name(Subdivision): CITY OF MERIDIAN, IDAHO NO FEE TM Creek Cobalt Sanitary Sewer Easement Number. #1 Identify this Easement by sequential number if Project contains more than one sanitary sewer easement. (See Instructions for additional information). SANITARY SEWER EASEMENT THIS Easement Agreement, made this 13th day of October } 20 20 between DWT INVESTMENTS LLC ("Grantor"),and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WHEREAS,the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described;and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others;and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW,THEREFORE, in consideration of the benefits to be received by the Grantor,and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures,trees, brush,or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Sanitary Sewer Easement REV.01/01/2020 Item#15. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs,personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: DWT Investme C Robert L.Phillips.President of Brighton Corp..It's Manager STATE OF 1DAHO ) ) ss County of Ada ) This record was acknowledged before me on lad f7 (date) by Robert L.Phillips (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of DWT Investments LLC (name of entity on behalf of whom record was executed), in the following representative capacity: President of Brighton Corp., It's Manager {type of authority such as officer or trustee) (stamp) Notary Signature SHARI VAUGHAN My Commission Expires: Notary Pubtic-State of Idaho Commission Number 20181002 My Commission Expires Jun 1, 2024 Sanitary Sewer Easement REV.01/01/2020 Item#15. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor Attest by Chris Johnson, City Clerk STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 10-13-2020 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. Notary Signature My Commission Expires: 3-28-2022 Sanitary Sewer Easement REV.01/01/2020 Page 144 Item#15. km E N G I N E E R I N G September24,2020 Project No.19-135 DWT Investments,LLC Legal Description City of Meridian Sewer Easement Exhibit A A parcel of land situated in a portion of the Southeast 1/4 of the Northwest 1/4 of Section 14,Township 3 North, Range 1 West, B.M., City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at an aluminum cap marking the Northwest corner of the Northeast 1/4 of the Northwest 1/4 of said Section 14(West 1/16 corner),which bears N89°09'27"W a distance of 1,329.00 feet from an aluminum cap marking the North 1/4 corner of said Section 14,thence fallowing the northerly line of said Northeast 1/4 of the Northwest 1/4,589°09'27"E a distance of 366.24 feet; Thence leaving said northerly line,500°50'33"W a distance of 1,364.16 feet to POINT OF BEGINNING 1. Thence 589'10'47"E a distance of 20.00 feet to a point herein after referred to as Point"A"; Thence S00"49'13"W a distance of 51.50 feet; Thence N89°10'47"W a distance of 20.00 feet; Thence N00°49'13"E a distance of 51.50 feet to POINT OF BEGINNING 1. Said parcel contains 1,030 square feet, more or less. TOGETHER WITH: Commencing at a point previously referred to as Point"A", thence S89°10'47"E a distance of 325.04 feet to POINT OF BEGINNING 2. Thence 589°10'47"E a distance of 20.00 feet to a point herein after referred to as Point"B"; Thence S00°49'13"W a distance of 51.50 feet; Thence N89°10'47"W a distance of 20.00 feet; Thence N00°49'13"E a distance of 51.50 feet to POINT OF BEGINNING 2. Said parcel contains 1,030 square feet, more or less. TOGETHER WITH: Commencing at a point previously referred to as Point"B",thence S89`10'47"E a distance of 47.00 feet; Thence N00°49'13"E a distance of 25.45 feet to POINT OF BEGINNING 3. Thence N00°49'13"E a distance of 9.99 feet to the northerly line of said Southeast 1/4 of the Northwest 1/4; Thence following said northerly line,S89`10'30"E a distance of 20.00 feet; Thence leaving said northerly line,S00°52'17"W a distance of 10.01 feet; 9233 West State Street • Boise,Idaho 83714 0 208.639.6939 9 kmengllp.com Page 145 Item#15. Thence N89°07'43"W a distance of 19.99 feet to POINT OF BEGINNING 3. Said parcel contains 200 square feet, more or less. Said description contains a total of 2,260 square feet, more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. 4� a 12459 to L. 1B3 PAGE 12 Page 146 jE wo�.d1jluaw4 n U6't6£9(SOZ)3NOHd N VIM OHV0I'3Sf 0E 9 133H1331V1S1S3M££Z5 0g— :area$ veld m N 1 11 3 3 N 1 0 N 3 — r obZ 09T 08 0 n m z UMI m A ,00•0Z 899££ZtiTZTS :Ndd ,00'0z T �O :133HS �M„Lt,O L.68N Jll SjuaWj9@AU1 1MCl M„Li,,O L.69NJ SET-6T :ovMd T T OZOZjagwaadaS 31tl0 (311) ,9-'9Z „p„ .WIOd rf f 3„�L,6-r.00N M„£L,6lV.00S T T ,0S'L5 3„E L,6-b.00N i�3,.�L,6�.00N o m (311) ,�0'9Z2 m l 0'0 L �� Zl !.69S ll M„L L,z5.o0S 91 £ '6'o'd z 'e'o'd z A(PasodOJd) •aa jlego3 •M L 'e'0'd p o r� ,00-oz v3 cn n 3,.02,0 L.685 „b„ 1NIOd 1p `C ££TTZTbTZTS:Nd`d b 4 O 31111 U0101a8 SOS ZZSZTZtTZTS :NdV rn �cn Q p z 3ll Neal:) W1 SOS CD (D a 77- 66'61 M 2-V.LO.68N 9-1 w Q i T v X 66'6 3„£L,6V.ON 91 :° C N E� OO'L-V 3 Lt,.OL.69S -vi r+ 09'LS, MSL.6-k.05 23 `c CD O D e o QQ'OZ 3„Lt�,OL.68S M 00'OZ 3„Ljb.OL.69S Vi dvo WnN[INM ' ONn03 ro � r r t L V 1 L SNO1103S A ]z ( 3:)Ntl1Sld 9NMV39 3Nll i 13NWO 90 M -2 1N3MON31NN OO 30 INIOd m 3 N. 31OVi 3N11 z � 73 — — ,00'6ZC! 3„LZ,50.685 rh ON18 IO JV SISVO m dd0 WnNIWniv ONn03 'Pa UlllueJ3 'M fl t•L N01.1.03S 0 213Ni100 -V/L N n Page 147 Item#15. 20.00 s89°10'47"c m 3 v c c n89°l0'47"w 20.00 Title: 200803 City of Meridian Sewer Easement DWT Investments 19-13 Date: 08-03-2020 Scale: 1 inch= 10 feet File: Tract 1: 0.024 Acres: 1030 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter=143 Feet 001=s89.1047e 20.00 003=n89.1047w 20.00 002=s00.4913w 51.50 004=n00.4913e 51.50 Page 148 Item#15. 20.00 sW I0'47"e u 3 p C � n69°10'47"w 20.00 Title: 200803 City of Meridian Sewer Easement DWT Investments 19-13 Date: 08-03-2020 Scale: 1 inch= 10 feet File: Tract 1: 0.024 Acres: 1030 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter=143 Feet 001=s89.1047e 20.00 003=n89.1047w 20.00 002=s00.4913w 51.50 004=n00.4913e 51.50 Page 149 Item#15. 20.00 s89°10'30"e T p N O In O O p � O N n89°07'43"w 19.99 Title: 200803 City of Meridian Sewer Easement DWT Investments 19-13 Date: 08-03-2020 Scale: 1 inch=3 feet File: Tract 1: 0.005 Acres: 200 Sq Feet:Closure=n 14.5830w 0.00 Feet: Precision=1/15142: Perimeter= 60 Feet 001=n00.4913e 9.99 003=s00.5217w 10.01 002=s89.1030e 20.00 004--n89.0743w 19.99 Page150 Item#16. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: TM Creek Cobalt Sanitary Sewer Easement No. 2 Page 151 ADA COUNTY RECORDER Phil McGrane 2020-138126 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 10/15/2020 11:54 AM ProieetName(Subdivision): CITY OF MERIDIAN, IDAHO NO FEE TM Creek Cobalt Sanitary Sewer Easement Number: #2 Identify this Easement by sequential number if Project contains more than one sanitary sewer easement. {See Instructions for additional information). SANITARY SEWER EASEMENT THIS Easement Agreement, made this 13th d* o pets tcsf 02 tween SCS Brighton LLC ("Grantor"), and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described;and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others;and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor,and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures,trees, brush,or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Sanitary Sewer Easement REV.01/01/2020 Item#16. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the Iawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: SCS BRIGHTON LLfL) / Robert L.Phillips,President of Brighton Corp.,it's Manager STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on (date) by Robert L.Phillips (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of SGS BRIGHTON LLC (name of entity on behalf of whom record was executed), in the following representative capacity: President of Brighton Corp.,It's Manager (type of authority such as officer or trustee) (stamp) 2—[A 6(A.A-' —�LJA� Notary Signature SHARI VAUGHAN My Commission Expires: (e ` h 9 Qa Notary Public-State of Idaho Commission Number 20181002 My Commission Expires Jun 1, 2024 Sanitary Sewer Easement REV.01/01/2020 Page153 Item#16. GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor Attest by Chris Johnson, City Clerk STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 10-13-2020 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2022 Sanitary Sewer Easement REV.01/01/2020 Page 154 Item#16. km E N G I N E E R I N G September 24,2020 Project No.19-135 SCS Brighton,LLC Legal Description City of Meridian Sewer Easement Exhibit A A parcel of land situated in a portion of the Northeast 1/4 of the Northwest 1/4 of Section 14,Township 3 North, Range 1 West, B.M., City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at an aluminum cap marking the Northwest corner of said Northeast 1/4 of the Northwest 1/4 (West 1/16 corner),which bears N89°09'27"W a distance of 1,329.00 feet from an aluminum cap marking the North 1/4 corner of said section 14,thence following the northerly line of said Northeast 1/4 of the Northwest 1/4,S89'09'27"E a distance of 366.20 feet; Thence leaving said northerly line,S00°50'33"W a distance of 1,255.16 feet to the POINT OF BEGINNING. Thence S89°10'47"E a distance of 20.00 feet; Thence S00°49'13"W a distance of 35.00 feet; Thence N89°10'47"W a distance of 20.00 feet; Thence N00°49'13"E a distance of 35.00 feet to the POINT OF BEGINNING. Said parcel contains a total of 700 square feet, more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and bythis reference is made a part hereof. IS ILd 12459 0 r V 0 t� N L. 1B �• 2�• Z02D 9233 West State Street • Boise,Idaho 83714 • 208.639.6939 0 kmengllp.com Page 155 Item#16. ABALLARONKM ENGINEERING\KM GENERAL-REMOTE WORKNPROIECT\19-135%CAD\SURVEY\EXHIBITS\19.135 CITY DF MERIDIAN SEWER EASEMENT-SCS BRIGHTON LLC.DWG,AARON BALLAF T y� SOO'34'33"W 1328.81' V v 0 Om� o C:0 — op<z � Darn O K�� O cF,MK: I -� z U � I M I z --I La n zLn NI LA co O N Qa O � N 0 F 7 N r co r on N I 'O ED O I D + n v N I to Ln to --I co r� O � � (pDCn O N � 1 o N _S00"50'33"W I m Q l o i 255.16' (TIE) :3 0 a a z N :Tl • r 10 co O o (_4 N C 0 C:d C) a n oo . o �zM -- Q 0 z w m � b =mw M m Exhibit B z° - TM Creek - West Cobalt Drive z O v om y T v Wm rn 05 City of Meridian Sewer Easement 3 V y � I� � W A fpN — � z N NE 1/4 NW 1/4 Sec. 14,T3N., R1W., B.M., City of Meridian,Ada County, Idaho Page 156 Item#16. 20.00 s89°10'47"e u - c -' = a v Q a O O C Q M n89°l0'47"w 20.00 Title: 200804 City of Meridian Sewer Easement SCS Brighton LLC 19-1 Date:08-04-2020 Scale: 1 inch=6 feet File: Tract 1: 0.016 Acres: 700 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter=I 10 Feet 001=s89.1047e 20.00 003=n89.1047w 20.00 002=s00.4913w 35.00 004=n00.4913e 35.00 Page 157 Item#17. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: TM Creek Cobalt Water Main Easement No. 1 Page 158 ADA COUNTY RECORDER Phil McGrane 2020-138125 Proiect Name(Subdivision): BOISE IDAHO Pgs=9 BONNIE OBERBILLIG 10/15/2020 11:54 AM TM Creek Colbalt CITY OF MERIDIAN, IDAHO NO FEE Water Main Easement Number. #1 Identify this Easement by sequential number if Project contains more than one Water Main easement. (See Instructions for additional information). WATER MAIN EASEMENT THIS Easement Agreement, made this 13th day of October ' 20 20 between ©WT Investments LLC ("Grantor"),and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WHEREAS,the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described;and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW,THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shalt not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures,trees,brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Version 01/01/2020 e�s Item#17. public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof. shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs,personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: DWT Investments LLC W--- By:Robert L.Phillips,President of Brighton Corporation, It's Manager STATE OF IDAHO } ) ss County of Ada ) This record was acknowledged before me on ap (date) by Robert L. Phillips (name of individual), [complete the following i signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of DWr Investments LLC (name of entity on behalf of whom record was executed), in the following representative capacity: Pres.of Brighton Corp., it's Manager (type of authority such as officer or trustee) (stamp) L SHARI VAUGHAN Notary Signature Notary Public-State of Idaho f_ �� Commission Number20181GOZ My Commission Expires: lX ff a My Commission Expires Jun 1,2024 Water Main Easement Version 01/01/2020 Page 160 Item#17. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor Attest by Chris Johnson, City Clerk STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 10-13-2020 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2022 Water Main Easement Version 01/01/2020 Page 161 Item#17. km E N G I N E E R I N G September 23,2020 Project No.19-135 DWT Investments,LLC Legal Description City of Meridian Water Easement Exhibit A A parcel of land situated in a portion of the Southeast 1/4 of the Northwest 1/4 of Section 14,Township 3 North, Range 1 West, B.M., City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at an aluminum cap marking the Northwest corner of the Northeast 1/4 of the Northwest 1/4 of said Section 14(West 1/16 corner),which bears N89009'27"W a distance of 1,329.00 feet from an aluminum cap marking the North 1/4 corner of said Section 14,thence following the northerly line of said Northeast 1/4 of the Northwest 1/4,S89°09'27"E a distance of 377.24 feet:; Thence leaving said northerly line,500°50'33"W a distance of 1,364,16 feet to POINT OF BEGINNING 1. Thence S89°10'47"E a distance of 20.00 feet to a point herein after referred to as Point "A"; Thence S00°49'13"W a distance of 51.50 feet; Thence N89°10'47"W a distance of 20.00 feet; Thence N00°49'13"E a distance of 51.50 feet to POINT OF BEGINNING 1. Said parcel contains 1,030 square feet, more or less. TOGETHER WITH: Commencing at a point previously referred to as Point"A", thence S89'10'47"E a distance of 325.04 feet to POINT OF BEGINNING 2. Thence S89°10'47"E a distance of 20.00 feet to a point herein after referred to as Point"B"; Thence S00°49'13"W a distance of 51.50 feet; Thence N89°10'47"W a distance of 20.00 feet; Thence N00°49'13"E a distance of 51.50 feet to POINT OF BEGINNING 2. Said parcel contains 1,030 square feet, more or less. TOGETHER WITH: Commencing at a point previously referred to as Point"B",thence S89'10'47"E a distance of 36.00 feet; Thence N00"49'13"E a distance of 8.00 feet to POINT OF BEGINNING 3. Thence N00°49'13"E a distance of 20.00 feet; Thence S89°10'47"E a distance of 20.00 feet; Thence 500°49'13"W a distance of 20.00 feet; Thence N89'10'47"W a distance of 20.00 feet to POINT OF BEGINNING 3. 9233 West State Street • Boise,Idaho 93714 • 208.639.6939 • kmengllp.com Page 162 Item#17. Said parcel contains 400 square feet,more or less. Said description contains a total of 2,460 square feet,more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. a tA12459 t OF Q-Z3 � PAGE 12 Page 163 Item#17. ordpeua"'I n 6M-6£9 1906 3NOHd DiLE90HVOl'35109 ANTS 31V1S 1S3M EEZ6 f'n `} 1� I ZI 3 3 N 1 0 N 9 ,Ob= „T :ale7S ueld p a OZT 08 of 0 UL11 0 x 3 m Z ,00'0z 100'U z M„Lt,O L.68N� M„Ljv,O L.68 N z . , T A0 T 899EEZtiTZTS :Ndd x :133HS flll Sjuauajsanul .LMO SET-6t :133rDHd ,05'L9 ! ,fls'L5 paxxeldu0 OZOZja4maidaS :31VO M„2 L,6'b.00S i ! 3„CL,6-V.00N ' ' ,OS'LS Con3„C L,6-V.00N 3 M C� AS'L Sri 0 „e„ 1NI0d z (311) ( ! i z e o d 311)N ! ! z 7 Vi �n+8l i- Cif • L, n H n r• £ .8.O.d (311) ,V0'SZ� fD r+ i cn 3„L$,0 L.68S ..d„ 1NIOd 9_ (pasadWd) •aa Veto:) 'M ! o z N £ETTZTbTZTS:Ndd i cD CD Ill 11 uolg2ljg SOS ZZ8ZTZtTZTS :Nd'd Q. palleldun all laaj0 W1 SOS I N X CID C palleldun 1p m CD S 00'OZ M„L�,OL.68N 81 in CT 00'0Z M„21,6�'.OS L1 n v (311) ,9 L'-V92 L i c (D 0 OWN 3„Li,,O L.613S 91 M„mOS.00S��1 n 0 -'Z z 9: M S]1 OQ'0Z 3„£L,6�AN 51 dvo NnNIV4n1V 0Nn03 n ra Sv rt CL m ! -L V L L SNO11035 A to 00'g 3„ ,6i�.ON 1+1 {'D © ! 2J31NNOO 9 L/L M C• 00'9C 3„Ltr,OL.68S C1 ! 1N3VU0193WW00 30 iNIOd v 00'OZ 3„L-VI0 L.68S Z1 0 _ ,9L'LS6_ 00'OZ 3„d-V,O1.685 Ll �JhItl1510 9NR1t/38 9NI3 DNINV30 j0 SlS`d9 9 dVO NnNIINn-iv Q .lNnoj -pi uIIjue j •M z IIBV13NI1 'K N0103S 0 213NWO il/L N b Tage164- l Item#17. 20.00 s89°10'47"e 3 o c c n89°10'47"w 20.00 Title: 200803 City of Meridian Sewer Easement DWT Investments 19-13 Date:08-03-2020 Scale: 1 inch= 10 feet File: Tract 1: 0.024 Acres: 1030 Sq Feet.Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter=143 Feet 001=s89.1047e 20.00 003=n89.1047w 20.00 002=s00.4913w 51.50 004=n00.4913e 51.50 Page 165 Item#17. 20.00 s89°10'47"c 0 3 M a C O n89°10'47"w 20.00 Title: 200803 City of Meridian Sewer Easement DWT Investments 19-13 Date: 08-03-2020 Scale: 1 inch= 10 feet File: Tract 1: 0.024 Acres: 1030 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter=I43 Feet 001=s89.1047e 20.00 003=n89.1047w 20.00 002=s00.4913w 51.50 004=n00.4913e 51.50 Page166 Item#17. 20.00 s89°10'47"e 0 c - 0 c� 0 N C O O o0 N � O n89°10'47"w 20.00 Title: 200803 City of Meridian Sewer Easement DWT Investments 19-13 Date: 08-03-2020 Scale: 1 inch=4 feet File: Tract 1: 0.009 Acres: 400 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter= 80 Feet 001=n00.4913e 20.00 003�00.4913w 20.00 002=s89.1047e 20.00 004=n89.1047w 20.00 Page167 Item#18. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: TM Creek Cobalt Water Main Easement No. 2 Page 168 ADA COUNTY RECORDER Phil McGrane 2020-138129 BOISE IDAHO Pgs=6 NIKOLA OLSON 10/15/2020 11:55 AM Project Name(Subdivision): CITY OF MERIDIAN, IDAHO NO FEE TM Creek Colbalt Water Main Easement Number: #2 Identify this Easement by sequential number if Project contains more than one Water Main easement. {See Instructions for additional information). WATER MAIN EASEMENT THIS Easement Agreement, made this 13th day of October 20 20 between SCS Brighton II, LLC C'Grantoe%and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WHEREAS,the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described;and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW,THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees,brush,or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Version 01/01/2020 Item#18. public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs,personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: SC Brighton 11, LLC By:RobV L.P fillips,President of Brighton Corporation,It's Manager STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on a q aD (date) by Robert L. Phillips (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of SCS Brighton II,LLC (name of entity on behalf of whom record was executed), in the following representative capacity: Pres.of Brighton Corp., it's Manager (type of authority such as officer or trustee) (stamp) A--L' OAAA 4 /1 OWL Notary Signature SHARI VAUGHAN My Commission Expires: (¢ — ' c-o Notary Public-State of Idaho Commission Number 20181002 My Commission Expires Jun 1, 2024 Water Main Easement Version 01/01/2020 Page 170 Item#18. GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor Attest by Chris Johnson, City Clerk STATE OF IDAHO, ) . SS. County of Ada ) This record was acknowledged before me on 10-13-2020 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2022 Water Main Easement Version 01/01/2020 Page 171 Item#18. km E N G I N E E R I N G September 23,2020 Project No.19-135 SCS Brighton II,LLC Legal Description City of Meridian Water Easement Exhibit A A parcel of land situated in a portion of the Northeast 1/4 of the Northwest 1/4 of Section 14,Township 3 North, Range 1 West, B.M., City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at an aluminum cap marking the Northwest corner of said Northeast 1/4 of the Northwest 1/4 (West 1/16 corner),which bears N89°09'27"W a distance of 1,329.00 feet from an aluminum cap marking the North 1/4 corner of said Section 14,thence following the northerly line of said Northeast 1/4 of the Northwest 1/4,S89'09'27"E a distance of 742.24 feet; Thence leaving said northerly line, S00'50'33"W a distance of 1,255.01 feet to the POINT OF BEGINNING. Thence S00°49'13"W a distance of 35.00 feet; Thence N89`10'47"W a distance of 20.00 feet; Thence N00°49'13"E a distance of 35.00 feet; Thence S89°10'47"E a distance of 20.00 feet to the POINT OF BEGINNING. Said parcel contains a total of 700 square feet, more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. 1p�' �NIJ a4ca1 459c � of ti��� a •23•�� 9233 West State Street + Boise,Idaho 83714 • 208.639.6939 9 kmengiip.com Page 172 Item#18. N 1/4 CORNER o } SECTION 14 cz a W. Franklin Rd. FOUND ALUMINUM CAP a z BASIS OF BEARING � — -- — — — s89•09'27"E 132s.aa — o — 742.24' I 586.76' m I � W POINT OF COMMENCEMENT E m W 1/16 CORNER I � SECTIONS 11 8c 14 FOUND ALUMINUM CAP � Cu � L o n W Q cu a W wI� m U U L O _ 'i/-�- c yC V) G oI0 x m cn I cv N I � w POINT Of cu N S89'10'47"E���BEGINNING W m Unplatted — i SCS Brighton LLC I 20.00' I U APN:S1214212802 O I I 0 I S00.49'13"W f�35.00' U N00'49'1YE 35.00' + Unplatted SCS Brighton II LLC 3 I APN:S1214121133 I z N89.1O'47V � o rj 20.00' II DATE: Seplcmbar2020 PROJECT: 19-135 x SHEET: 1 OF 1 w Unplatted W.Cobalt Dr, o _m K SCS TM Creek LLC (Proposed) N a W APN:S1214212822 Y 0 5 s m E N G I N E E R I N G S9233 WEST STATE STREET n O BOISE,IDAHO83714 � PHONE(206)639•6939 (; kmengllp.co Page173 Item#18. 20.00 s89°10'47"e u 3 f+1 F a - o CD a o O O C. O n89'10'47"w 20.00 Title: 200804 City of Meridian Water Easement SCS Brighton II LLC 1 Date: 08-04-2020 Scale: finch=6 feet File: Tract 1: 0.016 Acres: 700 Sq Feet:Closure=n00.0000e 0.00 Feet: Precision>1/999999: Perimeter=110 Feet 001=s00.4913w 35.00 003=n00.4913e 35.00 002=n89.1047w 20.00 004=s89.1047e 20.00 Page174 Item#19. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Baraya Subdivision No. 5 (H-2020-0088) by Matt Schultz of Schultz Development, Generally Located South of W. Franklin Rd. and East of S. Black Cat Rd. Page 175 Item#19. E IDIAN:--- IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: September 22, 2020 Topic: Final Plat for Baraya Subdivision No. 5 (H-2020-0088) by Matt Schultz, Schultz Development, Generally Located South of W. Franklin Rd. and East of S. Black Cat Rd. Information Resources: Click Here for Application Materials Page 176 Item#19. STAFF REPORT E � COMMUNITY DEVELOPMENT DEPARTMENT } HEARING 10/13/2020 =} 0 DATE: ( Legend-ro[ect Locatic: P_I 5 TO: Mayor&City Council JUL I] R 1 L-0 , C-N 4.i FROM: Sonya Allen,Associate Planner 208-884-5533 R-40 RUT SUBJECT: H-2020-0088 • — Baraya Subdivision No. 5 40 N-C T.• LOCATION: Generally located south of W. Franklin RAT C ` Rd. and east of S. Black Cat Rd., in the north 1/2 of Section 15, T.3N.,R.l W. I. PROJECT DESCRIPTION Final Plat consisting of 61 building lots and 10 common lots on 12.38 acres of land in the R-15 zoning district for the fifth phase of Baraya Subdivision. II. APPLICANT INFORMATION A. Applicant: Matt Schultz, Schultz Development—PO Box 1115,Meridian, ID 83680 B. Owner: Endurance Holdings,LLC— 1977 E. Overland Rd.,Meridian, ID 83642 C. Representative: Matt Schultz, Schultz Development—PO Box 1115,Meridian, ID 83680 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. The proposed plat depicts a reconfiguration of building lots and common area in this portion of the development from that approved with the preliminary plat resulting in the same overall number of building lots and a greater amount of common open space for the overall development. Overall,based on the exhibits in Section V.E,the number of building lots stayed the same as originally approved(i.e. 334) and the amount of common area increased from 11.34 acres (or 17.5%) Page 1 Page 177 Item#19. to 12.19 acres(or 18.8%). Therefore, Staff finds the final plat in substantial compliance with the approved preliminary plat in accord with UDC 11-6B-3C.2. Single-family detached homes are proposed in this phase. All development shall comply with the dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district. Amenities proposed in this phase in Lot 6,Block 16 consist of a children's play structure(see detail in Section V.D, a half basketball court with benches, a gazebo with picnic tables,a segment of the City's multi-use regional pathway and internal pathways. The Purdam Drain was not required to be piped with this development as it's deemed a natural waterway and as such, is not required to be piped/covered. Note: The development agreement for this property requires a minimum of 334 single-family dwellings to be constructed on the R-8 and R-15 portions of the site. The first phase included 47 dwellings, the second phase included 48 dwellings, the third phase included 72 dwellings, the fourth phase included 67 dwellings, and this phase includes 61 dwellings for a total so far of 295 dwellings —an additional 39 dwellings should be provided at a minimum in the remaining phase(s) as depicted on the updated layout in Section V.E.A minimum of 13.01 acres (or 16%of the site) of useable landscaped open space is required to be provided for the overall development as proposed between the single-family and multi family portions of the development—12.19 acres is proposed in the single-family portion and the remainder is provided in the multi family portion. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VIII of this report. Page 2 Page 178 Item#19. V. EXHIBITS A. Vicinity Map FRSUI MSION I _ IY W FRAMKLIN RD UBDI A SUBDIVI BARAYA SUBDIVISION RARAYA SSION ti NO, 3 UNDER SUBDIVISION NC, 1 CONSTRUCTION NO- 2 ` dory+ SARAYA o r'# ! \.I APTS �+ t SUBDMSK)N � ..o 0 o I I PROJECT) Ca I I M Mot'vin _ Canal I� Page 3 Page 179 r r�y�MIN �m anWAN LYA ice= 4 � «�, E+�1� � �.. �:� ors■a � ... 14mor"Poollim ■._ ...�_. ii — -- — Item#19. C. Final Plat(date: 9/22/2020) �• �^ {,�_ +�7dYYrIR.____—___�,.. *I '" BARAVA ,SURDIFI.SIONN a LOGkTE-D H 1tW HE 1/4 OF THE Nw :/4 /!Q tM Hw r/* OF THE HE 1/*Or wzinoN 15- T.!N., R,1N'._ B.1I._ w9ftr", A33A CLr TY. MAmO e Ir• b5t8 I I7L1-I�d+r'!HI.tl I � #r47 f0A0 a .i �a op o s ar is 6 1V 6 D TO 4 41 1155TJSL%LM rt eastL 4" CD - °° ,1pr7oer. ilr'�Y4Y� rw 0 5a 1w 2w xou-,0mt. I'll a iiiio I. .o.,a�t , itv.e Ix rrir IYl3w11� i @ •* — — �y, d rI-IE Q9 @ } x0�U Go Irrrlr4rtl �M w 1,awa LA n rac sr o r. , Y , r<I,U 4Y r�.r•.�r,►W.P4Y. fir•�.F r,re•N y "1� " ' Wr, r��'rinw�F ar—r•w„+M r M+w ice,L Fr•F M�..w is ` —_. ..�,...`�rr r a��as r, 4c+r . !—w L4—aL w.-..owcrr�4. +art lrrr *+,. ,rr7 , .,w"....��,.,°Yi�.o+..rr�ti�. �."R:".w rr�'..i'':'�r�rr�r• w w r w.r•yr+r�.t.�I. 'Jot°'��.�""7 S.�:,t,.,"�",,,7 it ri,r=• .,rr _+m.a..f x l rrwn I w Iww��eT�We•�f� .R rrr.• YFrr.n�wyr,+r.,r.M,}k�r r+.„..yy• ow a.s•wr W rrt..,N."'4..4+a.wYi e'er/fM,w irr�W� `i Irt d.w fYf Lfrf'�S kAm kTI,i y.,a1 1 µi.V.i(.,}7`;�,I.I•I,l+ K NISb11L i6 YMrar��a�oa,r ra,a�,w rya �I, a L—w.wr✓ ,e,w,L r_a r.F a,.r LE:NLE d.M x of 5 fdR LNC uo OUlrrc,ru.Ls CaR E114WE#A IIIDJ)rrlJllllF41 C,AOO LHEEr 1 4r Page 5 Page 181 Item#19. D. Landscape Plan(dated: 9/16/20)&Playground Equipment Detail Hag k -..••. WFIT�{N4TLS lit rax�•- WMD w. .Rum- Page 6 Page 182 Item#19. .,L". 1UW!I�I _ pz--4-3, pp I p.-s' aa,7�. •#4—rtr—_��. ��s�y,�r�, �`, '- �rirs- W r ❑ pout; � ... ''uanwaw�yE• r•+ ... :; -...•. .--"1S-s- - �d FT.".�".:'EYYi•S�_��..�i"'Yµ .. Y7 "�1 '_ 4a71S �.n` 34A'RI t { '.E S3 SAY- 4dT�.L3L � �f 7A'T.--'E-' .f3T�L:L" Tr � •^u as�'•r s^�> Uez it. S �r-�l�'L411MFai4=Z�61@• _ T7'..5 r". __ ___. ' 5'Y�'�YNF ,l••• i ar.axraacr.�r_5.. l% - .��.. _-•... rr':?s:ter:���r,- ku^^"".�� AMS i T --- • _ _ - - - Qr xis,..., x�a,i._.R �� S ETWIFOLVA fill.L+N7n�G�PC WH-hR{J5 TY.i] - T. "Y 5 CSACSr— F _...�. ' #[ a3Mn2— _ ems.: ,��. �•„ � emirs--' _ yzaw15�9[fJ��4' f4.T.�F—T' Page 7 Page 183 Item#19. FS PM � � a�e�ru�nm.rfsorl� - PrE - - - u M �:s r — C k lllkl� I IL •I.4.:LL'G■�}7RiTl!�d 1.;S YA• �4GY'I� 1��14~r`�'+ I F I 1i Page 8 Page 184 Item#19. +'S — I 4 j 7 - �� *}Ri4i+lil4 Tara a#5soup F3araya#5 a , - r Tau Yes Detw ..y,., ."C'L �R�•Y 4�Y..'�{r� 7 Y .? &]fa o xS KID TJkL� ��u.• ••�• p�aeoFan Todr+ — .. I�Iru■e5in°' Baraya # �.J lows �w 1M i�muiime Page 9 Page 185 Dm @y E. Approved Pe!!mlnryPlat/Open Space(207 vs. Reconfigured Layout/Open Space (O0) ,f79 Sf # - ¥ 7 �5� a7D sf � w p. _ &J � I Ith l 33= 7� . � R= i�17 § 17 Page !O �7�» Item#19. VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall meet all terms of the approved annexation(AZ-06-061), development agreement(Inst.No. 107123289),preliminary plat(PP-06-062) and time extension(TE-09- 015; TE-11-001; TEC-13-001; TEC-14-007) applications approved for this site. 2. The applicant shall obtain the City Engineer's signature on the subject final plat by June 17, 2022,within two years of the City Engineer's signature on the previous phase final plat, or apply for a time extension,in accord with UDC 11-613-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Bailey Engineering,Inc. stamped on 9/22/2020 by Gregory G. Carter, shall be revised as follows: a. Note#2: ". . . Lot 4-011,Block 14, Lot-76,Block 16 . . ." b. Note#3: ". . . Lot-76,Block 16 . . ." c. Note#9: Include the recorded instrument number for the NMID pump station operation and maintenance agreement. d. Note#10: Include the recorded instrument number or the ACHD License Agreement. e. Note#11: Include the recorded instrument number for the ACHD Permanent Easement. f. Note#14: "Lot 4-011,Block 14 contains a blanket easement . . ." g. Note#15: Include the recorded instrument number of the pathway easement. 5. The landscape plan prepared by Breckon Land Design, dated 9/16/20, shall be revised as follows: a. Include a detail for the 6-foot tall vista 3-rail fence proposed adjacent to the common area on Lot 11,Block 14 that contains a pathway and the Purdam Drain. b. Depict fencing(chain-link or wrought iron)between the multi-use pathway and the Purdam Drain for public safety as proposed by the Applicant and depicted on the landscape plan approved with the preliminary plat. c. Depict a 5-foot wide landscape strip along the east side of the multi-use pathway along the Purdam Drain, landscaped per the standards listed in UDC 11-3B-12C. 6. "No Parking Fire Lane"signs shall be placed at each end of the alley with a few in the middle as well per Fire Code requirements. 7. The rear elevations of the homes visible from public streets and open spaces shall be subject to the architectural standards established for Baraya Subdivision included in the Development Agreement(see provision#5.1.10). 8. Future development shall comply with the approved elevations and design standards listed in the Ten Mile Interchange Specific Area Plan. 9. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. Page 11 Page 187 Item#19. B. Public Works Site Specific Conditions: 1. The street light plan submitted appears to meet requirements based on a preliminary review. General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life,safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff,the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing,landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City.The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply Page 12 Page 188 Item#19. with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non- domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per City Page 13 Page 189 Item#19. Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. Page 14 Page 190 Item#20. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Baraya Subdivision No. 6 (H-2020-0089) by Matt Schultz of Schultz Development, Generally Located South of W. Franklin Rd. and East of S. Black Cat Rd. Page 191 Item#20. E IDIAN:--- IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Sonya Allen Meeting Date: September 22, 2020 Topic: Final Plat for Baraya Subdivision No. 6 (H-2020-0089) by Matt Schultz, Schultz Development, Generally Located South of W. Franklin Rd. and East of S. Black Cat Rd. Information Resources: Click Here for Application Materials Page 192 Item#20. STAFF REPORT E COMMUNITY DEVELOPMENT DEPARTMENT HEARING 10/13/2020 0 DATE: Legend-ID;oct �_I� � rr �, TO: Mayor&City Council FROM: Sonya Allen,Associate Planner I I rR-8 208-884-5533 R-40 RUT SUBJECT: H-2020-0089 Baraya Subdivision No. 6 IRUT 0 .• TN-C Nos LOCATION: Generally located south of W. Franklin Rd. and east of S. Black Cat Rd., in the NW '/4 of Section 15,T.3N.,R.1 W. E _ I. PROJECT DESCRIPTION Final Plat consisting of 39 building lots and 2 common lots on 4.5 acres of land in the R-15 zoning district for the sixth phase of Baraya Subdivision. II. APPLICANT INFORMATION A. Applicant: Matt Schultz, Schultz Development—PO Box 1115,Meridian, ID 83680 B. Owner: Endurance Holdings,LLC— 1977 E. Overland Rd.,Meridian, ID 83642 C. Representative: Matt Schultz, Schultz Development—PO Box 1115,Meridian, ID 83680 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. The proposed plat depicts a reconfiguration of building lots and common area in this portion of the development from that approved with the preliminary plat resulting in the same overall number of building lots and a greater amount of common open space for the overall development. Overall,based on the exhibits in Section V.E,the number of building lots stayed the same as originally approved(i.e. 334) and the amount of common area increased from 11.34 acres (or 17.5%) Pagel Page 193 Item#20. to 12.19 acres(or 18.8%). Therefore, Staff finds the final plat in substantial compliance with the approved preliminary plat in accord with UDC 11-6B-3C.2. Single-family attached and detached homes are proposed in this phase. All development shall comply with the dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district. Note: The development agreement for this property requires a minimum of 334 single-family dwellings to be constructed on the R-8 and R-15 portions of the site. The first phase included 47 dwellings, the second phase included 48 dwellings, the third phase included 72 dwellings, the fourth phase included 67 dwellings, the fifth phase included 61 dwellings and this phase includes 39 for a total of 334 dwellings in accord with the updated layout in Section V.E.A minimum of 13.01 acres (or 16%of the site) of useable landscaped open space is required to be provided for the overall development as proposed between the single-family and multi family portions of the development— 12.19 acres is proposed in the single-family portion and the remainder is provided in the multi family portion. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VIII of this report. Page 2 Page 194 Item#20. V. EXHIBITS A. Vicinity Map a� FRrr VISION W Zq-L�i . FRANKLIN Rd MRAYA BARAYA 6ARAYA NO. 1 SUBDIVISION % SUBDIVISION SUBDIVISION N0. 1 NO. 3 NO. 2 Afar„m _ MRAYA ❑ 3ARAYA APTS o onQj SJ3DIVISION B�RAYA I. SUBDIVISION No- 5 \% SUBDM ION •. % Nb. 4 PROJECT SITE i i M Alar+nn Canal I� Page 3 Page 195 ML wins k'=w WIN -xq 9G rV a7 ice= WANE �3 .0■.s� � � loin ��►; «�, E+�+� �.. �:� ors■a �,�� N amp _��, �xt - Zu i - * 1 At... ■._ ...�_. i■ -- — Item#20. C. Final Plat(date: 8/10/2020) FLAT SHOWNG :............................... .................................. �■"� ...... ..--. LOCATED IN THE HE 1/4 OF THE NW 1/4■Fe,� r � .......... i f s u.......... n eo xs.• ,11F OF SECTION1$,T B.N. MERIDIAN. AGA COUNTY. IDAHO 2020 aYh tiHli 1rr aK,mod aa.,.ram...,Y n..Yy+.+a.Ya�r. +4,n iV I,a»r a wn.w mVe ae Y/I 111 Iw„!4 R TA 811BOI M AL PGIM7^ OF 9IX]MMI or NG ���"" }I.'-� �':�w�.'s:w+�u.°M..�gm.e.ea�'�i,.y..u.�P4�s.�.`�is"�• ' O .AyI s1E - `• __ _--2 •- as.c. o-�°•qx r�.n vim,o a,Y u.�.�y a 9 12 uxru,Ieo 91 CS n q�Y_..r.�w..r.....��aY,u>•+ I, e AU saecrr-wx I F- ra a rnw r.ax — �=V o.na Qerwm�v aw - ----- rem = W COBALT S7_ :�avT+umtir.y.m -_.............. 1 y� Mn w22 V 7S.n ' �§ a '��'w`•�� I iX K 16 +uuvnw Gra - Tl---„a"'JIiTA'WI.W u LxtTm 6} O 30 60 120 Cx6fda7 Enjoaso Inc. - WAI.F„H FEFT- - - - - - - �',RIO.QIp■IE�IRFO�PYMFP($�'I�DQ M SMEV 1 OF 4 FOR WME AMQRW FAAM 5-o. SIIQ! 1 9F 4 Page 5 Page 197 Item#20. tdk6 W W1Plt IFR A �RAY R 1YRf+R7f1Fowl" orKw . it . :�MRf�YRY L.SI 14 11TMl4 Rf R '�0 4+F wP lNMf4 R7i� �i'C�L�Rat ae Y Rl71n !� �7.w W �'rra MrR I it R�MK7 w� Io�lYl�.rc��w uol.w�III o JIUF 0 ■ �. .:my- 4-1 ° � a I la �I�aue :,. — r � ; va rAas++ I ' - S'.k'_r�FEI 56 CAM"QW*Aft am Page 6 Page 198 Item#20. D. Landscape Plan(dated: 7/20/20) 03 17 J-- � L,,rriet+Ft;I.GkL'xR - 4,�.x�c+,�,�au�rEwis #r �r LL9L�Il E2�R . VZ - - i f -- r I'k J_; ��-._y.,_....._..,_;v74`�ym Trda.— yyR 411 Qm-;MM-111 Au-k Pk ---p- MF- Un ::.�.::�.;«:'i-.�-���.:':::'.::.:-'ti'�Yll:Jt':L':ic':�. •n•_. rye e#sr _ --'agr�.�r��:s;r:'•�� '�c3.�:�t�#�o Tom:.RLtr � �S • � a _ tea-, .r�• Sr . - LO cvr�a_ �,yme ANk7�n+wr Etl1Tt14 4::,�u5��=y:r.�.'a .csPOP ria-,... ••- i1�2 ��`-Tl'L^f;.C4-�S zF'1r.'lJLS'Ta -. I Page 7 Page 199 Item#20. Approved Preliminary Plat/Open Space(2007)vs. Reconfigured Layout/Open Space (2020) 5F Qum I r� 7-i 7 ieR tr7 S 4 .9 N 3iF- I + f- ; " I tk Page 8 Page 200 Item#20. VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall meet all terms of the approved annexation(AZ-06-061), development agreement(Inst.No. 107123289),preliminary plat(PP-06-062) and time extension(TE-09- 015; TE-11-001; TEC-13-001; TEC-14-007) applications approved for this site. 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Engineer's signature on the previous phase final plat, or apply for a time extension, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Bailey Engineering,Inc. stamped on 8/10/2020 by Gregory G. Carter, shall be revised as follows: a. Note#8: Include the recorded instrument number for the NMID pump station operation and maintenance agreement. b. Note#9: Include the recorded instrument number or the ACHD License Agreement. c. Note#10: Include the recorded instrument number for the ACHD Permanent Easement. d. Note#11: Include the recorded instrument number for the NMID license agreement. e. Note#13: Include the recorded instrument number for the NMID Marvin Lateral easement. 5. The landscape plan prepared by Breckon Land Design, dated 7/20/20, shall be revised as follows: a. Include a detail for the 6-foot tall vista 3-rail fence proposed along the northern boundary of Lot 18,Block 16. 6. "No Parking Fire Lane"signs shall be placed at each end of the alley with a few in the middle as well per Fire Code requirements. 7. The rear elevations of the homes visible from public streets and open spaces shall be subject to the architectural standards established for Baraya Subdivision included in the Development Agreement(see provision#5.1.10). 8. Future development shall comply with the approved elevations and design standards listed in the Ten Mile Interchange Specific Area Plan. 9. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. The street light plan submitted appears to meet requirements based on a preliminary review. General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent Page 9 - Page 201 Item#20. to the development.The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life,safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff,the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing,landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. Page 10 Page 202 Item#20. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD.The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x I I" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non- domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is Page 11 Page 203 Item#20. utilized,the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42- 1207 and any other applicable law or regulation. Page 12 Page 204 Item#21. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Lavender Heights No. 1 (H-2020-0090) by LH Development, LLC, Located East of S. Locust Grove Rd. and North of E. Lake Hazel Rd. Page 205 Item#21. E IDIAN:--- IDAHO C� PUBLIC HEARING INFORMATION Staff Contact:Joseph Dodson Meeting Date: October 13, 2020 Topic: Final Plat for Lavender Heights No. 1 (H-2020-0090) by LH Development, LLC, Located East of S. Locust Grove Rd. and North of E. Lake Hazel Rd. Information Resources: Click Here for Application Materials Page 206 Item#21. STAFF REPORT E COMMUNITY DEVELOPMENT DEPARTMENT HEARING 10/13/2020 DATE: TO: Mayor&City Council FROM: Joseph Dodson,Associate Planner 208-884-5533 7-7 NOT A PAff ------- ---- NOT APART SUBJECT: H-2020-0090 Lavender Heights No. I NOT A PART NOT A PART LOCATION: Generally located east of S. Locust Grove A Rd. and north of E. Lake Hazel Rd., in the S 1/2of the SW 1/4of Section 32, T.3N.,R.1 E. NOT A PART 1 inch=500 reel I. PROJECT DESCRIPTION Final plat consisting of 76 single-family residential building lots, 18 common lots, and construction of a 1 0-foot multi-use pathway on 23.19 acres of land in the R-4, R-8,R-15, and R-40 zoning districts. 11. APPLICANT INFORMATION A. Applicant/Owner: LH Development, LLC—PO Box 344,Meridian, ID 83680 B. Representative: Ben Thomas, Civil Innovations,PLLC— 1043 E. Park Blvd. Ste. 101,Boise,ID 83712 111. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat as required by UDC 11-6B-3C.2. This is the first phase of development of the Lavender Heights Subdivision. The same number of buildable lots, common lots, and amount of open space is proposed as were approved in the preliminary plat. The Applicant is also required to construct and landscape a major portion of the multi-use pathway located adjacent to the Farr lateral,per the Development Agreement provisions. The Applicant has provided both construction drawings and landscape drawings showing the required pathway area but it will not be platted until future phases. This first phase of development provides 3.05 acres of qualified open space;the preliminary plat requires 6.46 acres (or 12.3%overall)of qualified open space. This phase therefore provides approximately 47%of the developments open space requirement. Page 1 Item#21. Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. IV. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. Page 2 Page 208 Item#21. V. EXHIBITS A. Preliminary Plat(date: 4/17/2020) d E Fk- -A g spa I a k I p— ;g I O £o s I: — C h tl � ss� a w ro i 1 T 1 33 EE tl �� ni C pV E tl a e j LT LAVENDER HEIGHTS SUBDIVISION // CIVIL INNOVATIONS,PLLC ' E uERICIPN,ICPH] -� I�� cm Page 3 Page 209 Item#21. B. Final Plat(date: 10/6/2020) Lof7JST GROVE urveiarwo - �' alb m `m m-rya pn -"m �m N66'0.9'62°W 931,20' {_ m E) C ul s a a y BLGOMERAzsa NG AVE�.�, uz. s s m z a maa� � „t g- so!msswzw fl�4 rE r3 o S.SACHET AVE �. ra m' fii.w suroae"w aa�':: rnlo'os ooam• w� Ng m o $�• Os � sl ', N7r6 e2awro � � n m SF s oDs szw � ��s„ v a anw ,N eJ ��t" aaR gl xa� -�� wE J zs � eo�- 3I17 5.GSTR M AVE, S 0 O r y G o �c"je C,.x�i f..ar zos4 sa,w 6 v j6 � m O 'u0a^ 0�� em 5. iI I� Is;Oe x. O mz Z "lu x - m f k r w :�Q �zrre . s a noo--aon seu m r S.THUMEENwNA AVE v NP9 95'6 E ]50 p6.�' [z L (gdMQ ry yr f - C m sN'L➢YLr p Z co � sO "' F e - m 1u0o ' o ➢1 SF d f W "6rPo so,or 6acv -ham �• R Po- t7 T W m a m 60 rvsyso'osw zssm' - .s _�wluns�.H c m 0 v q�t <o Uj O w R m f N710'�E s v w sn 'nm3m C -r� S.BALLERINA AVE. xaz J Z �85UNN! E F3e�s�on O ' A; Inisi _. go a�a$r"boy y {a -I�w mIN znoo• � a^o�o3o�q � 9 ^-�• R0I vl � O g HAg AT9ok3a T1 NV12'02`E 230,95' : oil g �•--- — $g s� O — ���- Gass' som2'az'w asabs' ' ss•12o2•w sxPu� r�:srm � � ? m N 6 om���c� = mar og w m €" Yxs= �e Togs g = �. a° oWA a3amaa H 3" �Paa��o, Hungg 5 N Upi'y�zaso oho a�`o'o $ 6me: map a$=A ^N�AgB o88 m�3o mm a =s xs aw e 2F W OR.^ g•om o O oam v O g mg 5-wmxa w m €�°� ag; eo _ m%� 9 o o W W N o 0 C o e a n;.0 o� wRn��T- �o��,a -m € O _o v o _ m m m; A R' S N e"'_° - 1 =N m v w s W Gi � . oy Te Via- €� e sP o � gm sod m z�� - z Nsr �'= W g 4 e` 3� goWmm. Nge _g s o e om a o o A mp m�m m n > - v y lA Ro _ `�'" m4c-s `. §5oV gm��o�a� tom a u a a �a nrtmx RgT y qT! A�omrg =m^"m=> - n ��� �m� 2 4 fad [r m4 no o^ g; 8���'�d� mU�H�°g -` £m� ; A A^ �pc m _ n oz 3 z ➢m s,§o xzn o g m Q >a W e E o _oho- > 5^' Aaa s m m z m 1 � O 2f.ho Y =a 9' s, po aK.mg- �z C�gz,�� � � �'oc gnu � m �`€om a � has '€ 4�€ A W Page 4 Page 210 Item#21. C. Landscape Plans(date: 9/16/2020) TREE MITIGATION NOTES t TREE PROTECTION NOTES I Lu �t Z X` O Q 0 `LANDSCAPE LEGEND, C x _Z CA �� ✓ ✓-- O =JQJ LANDSCAPE REQUIREMENTS '�F i' _ w w 4 - U Z��w LU VIC ,....... -� a Q _ AREA MAP _• _ _ (JOVERALL LANDSCAPE AND TREE MITIGATION PLAN EQU11 LID Page 5 Page 211 Item#21. PLANE SCHEDULE TEELEFEErEELF-1 J L 7�lz LANDSCAPE LEGEND,., i ; t W177to/I --- -- ... ....... z FUTURE PHASE NOT A FART LJ FA CALLOUT LEGENDii 0 u) HE, (D'T to 4F, (D L 0 E.LAKE HAZEL RU. —--—-- -—--—--—--—-- &ANDS0AlE PLAN-ARIA ONE 7 PLANT SCHEDULE Ql=%LIT- I�IE -IF—T Z &llE=A MAP 11P z NIATCHLINE-SEE SHEET LIS MATCHILINE SEESHEETL12 LANDSCAPE LEGEND -------- LL El 01 RE FV HE=gom cL EEcc(_) o rALL()J-F LEGEND FUTURE PHASE c�LU z }NOT A PART z ...... ......... Lux . ....EL RD.—--—--—--—-- &ALNIS'lWIL'ILANARLA TWO 2) Page 6 Item#21. PLANT SCHEDULE 7 i X R. 00 iTMIA AREA MAP LANDSCAPE LEGEND K3 ------------ Zo FUTURE PHASE o< NOT AFART 19 CALLOUT LEGEND OF< cl M� �z 0 LANDSCAPE PLAN-AREA THREE LIS 7 PLANT SCHEDULE cuss LANDSCAPE LEGEND 7 A.y AV 1 V.7. I u ------------ ------ - (T AREA MAP E.PHENOMENAL ST. MATCHLINE. M7TCHNF4III-5I'HMlIP$Il j low ° w F7 z CALLCUT LEGEND 0 B—K Q < ...................... ............ 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C) IN 0 < Pffi, fi Ni 0 OA BUFFER AREA WITH 1,5'WIDE BERM @)BLIFFER AREA WITH I&WIDE BERM L1.7 PLANT SCHEDULE C)4F,_YAP Mu Ix II I�WIEW E J—R. LH CALLOU7 LEGEND '7r 4 . ....... 0 LAND CAPE PLAN-AREA EIGHT Page 9 Item#21. g 10 PATHWAY LANDSCAPE REQUIREMENTS lTlAREA MAPS PLANT SCHEDULE - LANDSCAPE LEGEND '•,� -- -- r, ------------ Ar rk WE LEGEND © w f n rn � �' z��❑ � U I i Q J N ASPHALT WALKIN PATH �' I.� LELA LAND CAPE PLAN-AREA NINE-M LTI- E PATHWAY Page 10 Page 216 Item#21. D. Common Drive Exhibit NxLSTING ELAOMM SUBDMSION NO.1 t FLFrURE LAVENDER HEIGHTS SURD. I r SAP .00' SAR j BID;[[ 5.OR 5 10 r 1 i 8 BU[011G WILDING , i HUMNG I1 I I ORIENTATION $ 0AFNTAT10N i ON WATWN} II I r I i � ri I i 11 f L—_ ... YOf14EWAY _________—_—J .13 E INACE pL —— — I 12 W BUILDING N f _ f=:z 7�=l DRIENTATIO 4, 14 LOT 14 DRIVEWAYS 13 2 1 $+ 1S �I IUW7 7 FUIIIRE LAVENDER 1 I HEIGHTS SUED. ! 1i +I N 11 4 I N I 17 r I �4 NORTH EM 411 0 Al] fJ• � HORIZONTAL SCALE IN FEET mAWWO 2N00041 0EWNEUMFIL °R�"6T LAVENDER HEIGHTS SUBDIVISION NO. 1 CIVIL INNOVATIONS,PUG am"BV BT ME NDIAN.IDAHO kQ4@E PARK cLwSTEIDl ocmBY ST easS.loelv,zv Izoe B&AIBI ISSIE OAiE 060gROQO wxw.a�.NnP'elgn6to'n sm ASSH MH SHARED DRIVEWAY EXHIBIT $EU IDFt Page 11 Page 217 Item#21. E. Open Space Exhibit-Phase 1 FnWD � ) 0F. I m I n C Z7 m � � m D z m0 im o CD7 D A A z l 1> D 7 � m $ r s m a w m V f � i� N CJ a �w �Ilrl . 1 D A N m / 0 D �N N Scale:1"=250'-0" 10I06M20 .�R LAVENDER HEIGHTS N0. 1 19048 MERIDIAN, IDAHO 83642 a�561-0�3 OPEN SPACE EXHIBIT X1,0 Page 12 — Page 218 Item#21. VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development(H-2020-0009, DA Inst. #2020-106343). 2. The applicant shall obtain the City Engineer's signature on the final plat by May 12,2022, within two(2)years of the date of approval of the preliminary plat(May 12,2020),in accord with UDC 11-6B-7, in order for the preliminary plat to remain valid or a time extension may be requested. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat shown in Section V.B,prepared by Land Solutions, stamped on 08/03/20 by Clinton W.Hansen, is approved with the following conditions: a. Note number 4-Add instrument number; b. Add a note for the required Meridian Pathways public access easement for the multi-use pathway along the western edge of the property and on Lot 1,Block 1. 5. The landscape plans shown in Section V.C,prepared by Breckon Land Design, dated 09/16/20, are approved as submitted. 6. Prior to signature of the City Engineer on this final plat,the applicant shall submit public access easements for the multi-use pathway required with Phase 1 development. Submit easements to the Planning Division for Council approval and subsequent recordation. The easements shall be a minimum of 14' wide(10' pathway+2' shoulder each side). Use standard City template for public access easement. Easement checklist must accompany all easement submittals. Coordinate with Kim Warren from the City of Meridian Parks Department. 7. Future homes constructed in this phase shall be generally consistent with the elevations approved with the preliminary plat application(H-2020-0009)with materials and architectural features to be the same or of higher quality as shown in the elevations. 8. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 9. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. 10. The multi-use pathway along the Farr Lateral shall be owned and maintained by the HOA and incorporated into a common lot with a future phase of development. 11. The Applicant shall obtain Certificate of Zoning Compliance and Design Review approval for the changing rooms and pool located on Lot 1,Block 3. B. Public Works Site Specific Conditions: Page 13 Page 219 Item#21. 1. Streetlight plan is required to be on a stand-alone drawing. Type 1 streetlights are required on E. Lake Hazel Road every 220' 2. SSMH 16, SSMH 20, and SSMH 21 must be accessible, via at a minimum a 14-foot wide compacted grave roadway capable of supporting 75,000 lb. operations vehicles. If SSMH 16 is relocated,make sure it is not in the sidewalk. 3. If access road to manhole is more than 150 ft. in length,a"T"type turn-around is required. 4. For future phases, eliminate or reduce where possible services crossing infiltration trenches 5. Please re-design storm water seepage beds so that sanitary sewer and water services don't pass through them. 6. Due to the elevation differentials in this development,the applicant shall be required to submit an engineered master grading and drainage plan for approval by the Community Development Department prior to signature on the final plat by the City Engineer. This plan shall establish, at a minimum; the finish floor elevation of each building lot,the finish grade elevations of the rear lot corners, the drainage patterns away from each building pad, the drainage patterns of the overall blocks, and any special swales or subsurface drainage features necessary to control and maintain storm water drainage. Applicant's engineer shall consult the 2012 International Residential Code when establishing the finish floor elevations and drainage patterns away from the building pads. General Conditions: 7. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision;applicant shall coordinate main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 8. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 9. All improvements related to public life,safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-313. 10. Upon installation of the landscaping and prior to inspection by Planning Department staff,the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 11. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 12. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. Page 14 Page 220 Item#21. 13. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 14. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 15. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 16. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 17. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 18. Developer shall coordinate mailbox locations with the Meridian Post Office. 19. All grading of the site shall be performed in conformance with MCC 11-1-413. 20. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 21. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 22. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 23. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the proj ect. 24. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 25. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed Page 15 Page 221 Item#21. easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 26. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 27. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non- domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 28. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 29. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 30. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 16 Page 222 Item#22. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Firenze Plaza (TECC-2020-0002) by LC Development, Located at the Northwest Corner of S. Eagle Rd. and E.Amity Rd. Page 223 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: 9/29/2020 ORDER APPROVAL DATE: 10/13/2020 IN THE MATTER OF THE ) REQUEST FOR AN 18-MONTH ) TIME EXTENSION ON THE ) CASE NO. TECC-2020-0002 PRELIMINARY PLAT FOR ) FIRENZE PLAZA SUBDIVISION IN ) ORDER OF CONDITIONAL ORDER TO OBTAIN THE CITY ) APPROVAL OF TIME EXTENSION ENGINEER'S SIGNATURE ON ) THE FINAL PLAT,LOCATED IN ) SECTION 29, T.3N., R.1E, ) MERIDIAN, IDAHO ) BY: TAMARA THOMPSON ) APPLICANT This matter coming on regularly before the City Council on September 29, 2020,upon the Applicant's submittal of a preliminary plat time extension application for an 18-month extension within which to obtain the City Engineer's signature on a final plat for Firenze Plaza Subdivision, which preliminary plat was originally approved on February 7, 2016, as provided in Unified Development Code § 11-6B-7C, and good cause shown. An administrative time extension(A-2019-0120) for eighteen(18) months was previously approved for this subdivision by the Planning Director on March 22, 2019 and would have otherwise expired on August 7, 2020. IT IS HEREBY ORDERED THAT: Item#22. The above named Applicant is granted an additional 18-month extended period of time, until February 7, 2022, within which to obtain the City Engineer's signature on the final plat, subject to the conditions of approval as shown in the attached Staff Report for the hearing date of September 29, 2020 incorporated by reference as Exhibit A. Attached: Staff Report for the hearing date of September 29, 2020. By the action of the City Council at its regular meeting on the 13th day of October , 2020. DATED this 13th day of October , 2020 Mayor ROBERT E. SIMISON Attest: Chris Johnson, City Clerk Copy served upon the Applicant,Planning Division,Public Works Department,and City Attorney. BY: Dated: 3-28-2022 ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION FOR FIRENZE PLAZA(TECC-2020-0002) Page 225 Page 2 of 2 Item#22. Exhibit A STAFF REPORT E COMMUNITY N --- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 9/29/2020 Legend _�$ R-8'RU DATE: [UProject Location CAM 0 TO: Mayor&City Council l !'--, RUT RUT" City Limits FROM: Joseph Dodson,Associate City Planner Planned Parcels 208-884-5533 MM U J SUBJECT: TECC-2020-0002 ® �® �® RUT Firenze Plaza �R=4 RUT R-8 RUT LOCATION: NWC of E. Amity Road and S. Eagle RUT Road. RUT RUT R-15 G-N .V b I. PROJECT DESCRIPTION Request for an 18-month time extension in order to obtain the City Engineer's signature on phase one of the final plat. IL SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 15.92 acres Existing/Proposed Zoning C-C Future Land Use Designation Mixed Use Community Existing Land Use(s) Vacant/Agriculture Proposed Land Use(s) Commercial Lots(#and type;bldg./common) 14 commercial lots; 1 Ibuilding lots;2 common lots;and 1 other lot for right-of-way dedication Neighborhood meeting date;#of July 30,2020(Zoom)—One(1)person attended. attendees: History(previous approvals) H-2016-0102(AZ,CPAM,PP);DA Inst.#2017-041827; A-2017-0098(CZC);A-2019-0120(TED);H-2019-0067 Page 1 Page 226 Item#22. B. Project Area Maps Future Land Use Map Aerial Map Legend 0 Legend Project LocationProject Location _ Medium Densi#y o ® FUR ®Resiclentiai 0 i MU-N - CIVIC �9 i i- Low_Densityi ,a Resl`cl'e�.>tlal it!p •, rd a dX/a �R.�Y.�1.� ���. ��•4S>»rsrarr€� - t'it' ° .Y'�1.�`1'�,�:�+r'/►��"'`5�._ III. APPLICANT INFORMATION A. Applicant: Tamara Thompson,The Land Group—462 E. Shore Dr., Ste. 100, Eagle, ID 83616 B. Owner: ABS ID-O,LLC—250 E. Parkcenter Blvd.,Boise, ID 83726 C. Representative: Same as Applicant IV. NOTICING City Council Posting Date Notification published in newspaper 9/4/2020 Notification mailed to property owners within 300 feet 9/1/2020 Applicant posted public hearing notice on site 9/18/2020 Nextdoor posting 9/2/2020 V. UNIFIED DEVELOPMENT CODE ANALYSIS (UDO Per UDC 11-6B-7C, "Upon written request and filing by the applicant prior to the termination of the period in accord with subsections A and B of this section, the director may authorize a single extension of time to obtain the city engineer's signature on the final plat not to exceed two (2)years. Additional time extensions up to two (2)years as determined and approved by the city council may be Page 2 Page 227 Item#22. granted. With all extensions, the director or city council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of this title." The preliminary plat for this project was approved by City Council on February 7, 2016 and was valid for 2 years. Prior to the expiration date,an administrative time extension(A-2019-0120)was requested and approved by the Director on March 22,2019,which granted an additional 18 month period of time,until August 7,2020,in order to obtain the City Engineer's signature on the final plat (H-2019-0067)that was approved by City Council on July 16, 2019 (orders on August 6,2019). The reason for the previous time extension was due to an increase in construction costs, coordination with ACHD, and an overall labor shortage,both in the construction industry and in employees for the new Albertson's store,according to the submitted narrative in 2019. Prior to expiration of the previous time extension,the Applicant submitted a request for this subsequent time extension. The reasons for this latest request,per the Applicant's narrative, are the same as the previous ones listed above. Since the preliminary plat,final plat, and previous time extension were approved,there have not been any City Code changes that would necessitate new conditions being placed on the subject time extension. However,the design of the intersection at Eagle and Amity has changed. ACHD's response letter(see attached Exhibit VILD)to this application notes that additional right-of-way (ROW)or easement may be required for the current roundabout design. If the Applicant participates in a cost-share agreement for construction of the Eagle Road driveway and deceleration lane,ACHD will construct these improvements as part of the intersection project. If the costs are not paid by the Applicant,ACHD will not complete the improvements and additional ROW will be needed for the deceleration lane without compensation. The Applicant should continue working closely with ACHD on the latest construction plans (currently at 99%completion)for the planned roundabout to ensure minimal changes to the plat. One of the changes in the roundabout design is a 10-foot attached sidewalk rather than a 10-foot detached sidewalk as previously approved with the final plat. This change requires the landscape buffer be measured from the back of sidewalk rather than from back of curb, as required by code. The Applicant may need to add additional land area to fully comply with the landscape buffer requirements or request Alternative Compliance with a new CZC application to reduce this buffer. Regardless,the Applicant will be required to construct the landscape buffers along Amity and Eagle and associated frontage improvements with phase 1 as required with the final plat and recorded development agreement. The existing development agreement(DA)between the applicant and the City(provision 51)allows one right-in/right-out access to Amity Road and one to Eagle Road from the commercial portion of the property.ACHD also approved these accesses previously but with the CZC application and not the plat;the CZC has since expired. Although the DA allows the two accesses,ACHD has the authority to re-evaluate the access due to the CZC expiring. This creates a conflict between the existing DA approved by the City and ACHD's recent letter due to the approved CZC expiring. With the current design of the roundabout,ACHD did not include the right-in/right-out access to Amity Road;there is a"bypass"lane in the roundabout design that allows southbound Eagle Road traffic to go westbound on Amity in a dedicated lane. This design affects driveway locations for the subject site and ACHD will evaluate the driveway locations during the review of the new CZC application. In addition,with the preliminary plat approval in 2016,ACHD required that the Applicant enter into a Cooperative Development Agreement with ACHD for the widening of the roundabout at Eagle and Amity, and the widening of Eagle Road—according to ACHD,the Applicant could not commit to constructing the improvements and provide a timeframe for the development. These were the determining factors as to why the agreement was terminated in 2019. It is also important to note,that the Building Division still shows the applicant having active building permits for this project. The applicant will be required to submit for a new CZC and DES Page 3 Page 228 Item#22. approval(including site and landscape plans)to the City before commencing with construction, as required with the preliminary plat approval. Approval of the subject time extension will allow the Applicant to work with ACHD on any relevant changes with the roundabout design and obtain the City Engineer's signature on the final plat and proceed with development of the property. ACHD and City Staff are not recommending any new plat conditions of approval to be incorporated with this project. However,the applicant is required to comply with all previous conditions of approval approved with the development of the subject property,including the requirement to obtain new CZC and DES approvals prior to any construction. VI. DECISION A. Staff: Staff recommends approval of the proposed time extension of the Final Plat for a time period of 18 months, as requested,to expire on February 7,2022 if the City Engineer's signature is not obtained first. B. The Meridian City Council heard these items on September 29,2020. At the public hearing,the Council moved to approve the subject Time Extension request. 1. Summary of the City Council public hearing a. In favor: Tamara Thompson,Applicant Representative. b. In opposition:None c. Commenting: Lucas—ACHD:Ann Burke: Mario Martinez: and Carmen Maus. d. Written testimony: None e. Staff presenting application: Joseph Dodson f Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. What is the timeline for construction of the proposed Albertson's and what is the proposed design? b. Were a photometric and traffic study completed on the commercial site? 3. Key issue(s)of discussion by City Council: a. Council inquired on the relative nature of the new roundabout design and any effects it might have on the approved plat—any potential changes to the plat would be handled outside of the platting process and instead through the new Certificate of Zoning Compliance application that is required. 4. City Council change(s)to Staff recommendation: a. None Page 4 Page 229 Item#22. VIL EXHIBITS A. Final Plat(date: 5/14/2019) Final Plat Firenze Plaza Subdivision Located in the Southeast 1/4 of the Southeast 114 of Section 29, Township 3 North,Range 1 East,Boise Meridian, City of Meridian,Ada County,Idaho "01BS _ 2019 P",I RNRN��PNLP=N, s ele;,"=2ao' �4xm A�NFmxNw TMEJxNE Axa osxINNEx111NxNTNENN Legend Curve Table Line Table Line Tech Irr rnwxs nsssclnllvx rn ns5l,sn ma mi•Nl sol'msx cs Ns Sraoasar Q NINJV I I.—F A9 _ r. xr wx AUE<sxsvis��xAxaA iexlxn,I_'u%' .Ls—""Imti— srn'• - N1VV96„hN4 O'ibYrt'E .- FAIEP. • 5 0�+0 Cly Sx]I'T Snt CPP. 89'1A33'N N0.Sxe' 01_1e A59%IAiILN. srs[u wmlx ill_111Y 111 m NArvJAlx11 Nr rxs • SxoO rB FEEeri Ixh PJsxc CaP, �_V A. - SIIB]N9IX.SiON.�1505 UA }Mh IF u�!FF3VIIY AP"fiJlii 1 • - '/Y'fiFe�R MIIN%ISSN[111. LOAN a CrT 5/eEe N ea nrx ausTc .x "I ff re MSIA1IVNA, p n ixr a a, 1,l ] CO n 1 A MNN Of]N[NFS III R-1 S /HOR _ u "I IIIT.111�111. IF muJ ® Ni(O1H N.gr; mE pAY NINEI CFF T 1k X0. 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Pr'xc_L n..ccss 2 E crE aw s.uaxrncus n.r.ro s va Tv rzono s x9]S7 I n I11 1— sa aTr IF.-1—NII imv.1 eoA¢uxn �` rno��gg I J �i I�^ •� NEawos. rile NBBYSb'N - r FI 1 aerr aJ�0) BLOCK 1 `�DelaIANOT A PARTI—NIMnno'�s'�o'I' oou�< �1 . la U7Q�7� ICI TEE ®GROUP =r.' s¢ PI a S.32 �S.99 �•i _ 529 — __ __ - _rszex 9 Nl9YSN'N la 5.29 5.2 5.32 - ' E.Amity Rd. ___— — xx...r u,R iwc.n — a e ai'aeawo eselseaa xeN'u•�e�r ., .wl�mkw..,x..u.c �'BN INSelJYdtINA IRI0291A Page 5 Page 230 Item#22. B. Final Plat Landscape Plans(dated: 5/15/2019) E.MOUNT ETNA UR ruNruxenuu i w 3 w E d _ LLCiH - r r w — MIM ..� � 1 e Nmria Mud r __ .2,�.n..,. ` n ® m e. t � - t Landscape-Are12 L1.02 77 ru�T acxeouu II, - \ I `1 w E 1'' w w rri � dA£ W H EJ I E � t I� I aoo n Lo i- { Landscape-Area 4 L1.04 Page 6 Page 231 Item#22. N vj - - - -- ------ "p Z!m -------- ------- -------- ------- .......... ------- MYte,I.l L ..... FOR] Ll iL --------Landscape-Area 3 Page 7 Item#22. C. 95%Construction Plans—Eagle&Amity Roads Roundabout(relevant sections) cP x. L 8pliftH.1—d G-b 0.1.11 Typ'"I�,d,t—. Detail .......... ---------- ---- A EAGLE ROAD cv- N TES; ROAD Sputter I.I..d Nay Map Spl,H,,1,1,.d Locations y ter•Island Detalls 01 Ada County High-ay District Project Number:3213036 Pmjecl Name:Eagle Rd &Amity Rd. SheetlB Uf3V —N.1 —.1 1. N 0 T E S 61 ---------------.----AMITYRo-An--- ---- - --------------- FK ............. -7� RI E 2- 2- -2 ae - -------- BENCHMARKS: 2— 2— 2- 4 2— -4 Ad.County High—ay District 9="Mu—h—320036 ProJee1 M- Eagle Rd.6 Amity Rd- Sheet 07 Of39 Roundabout Page 8 Item#22. N O T E S z O- � :e e aax,ze � EAGLE ROAD s r i r f . "=-k�NR,Esabt:< -- - - p 2- 0 5 — 2fi83 Ill2679 zen —09 - F)l2673 :.. »...:.. 00xme:Ea91 Rd...:.�, G� Ada County Highway District ---^' "' Prolect Number 320036 Prolect N Amity Rd. Sheet 14 Of 39 Rountlabou! N O T E S ., u - RQ� EAGLE ROAD rP: i ��p6•�& .mmm j O s 2BB6 -2688 6& 2- 2. — u erc »�iLL o - . 2— _ --- --- -- »' 2— 2 __ _ 6I6 — — - 26]6 Get* 2172 1— A.� a u- Prolecl•Number:320036 ^^.:... Prolect N me:Eagl Rd.•&Amity Ada County Highway District -, ,�:.�,a Ra. sheet is Or 39 Rouatlabout Page 9 Page 234 Item#22. D. ACHD Response Letter .,tale �i�. ACHD Kent Mary May,Resident Goldthorpe,Vice-Resident Af Rebecca W.Arnold,Commissioner Sara M.Baker,Commissioner Jim D.Hansen,Commissioner September 17, 2020 Tamara Thompson The Land Group RE: Firenze Subdivision Preliminary Plat Time Extension/TECC-2020-0002 Preliminary Plat—Firenze Subdivision On December 14,2016,the ACHD Commission approved the preliminary plat for Firenze Subdivision. As a part of that approval,the developer,Albertsons Corporation, agreed to enter into a Cooperative Development Agreement with ACHD to expand the existing roundabout at the Eagle/Amity intersection,prior to the widening of Eagle Road between Victory Road and Amity Road. In addition, ACHD granted certain access points on Eagle Road and Amity Road,but also denied two access points, with the caveat that they could be considered with a specific development application. Those driveways were the southerly right-in/right-out driveway on Eagle Road and the easterly right-in/right-out driveway on Amity Road.The preliminary plat expired with the City of Meridian in August 2020;and the applicant is seeking a second time extension for the plat. Certificate of Zoning Compliance(CZC)—Grocery Store Soon after the preliminary plat approval,the applicant submitted a CZC application for the grocery store and associated uses. At that time,the southerly driveway on Eagle Road and the easterly driveway on Amity Road were approved as right-in/right-out access points,with deceleration lanes;in accordance with the procedure approved by the Commission with the preliminary plat. The CZC application is no longer valid, according to the City of Meridian and the developer will need to submit a new CZC application to move forward with a building. Therefore,the driveway approvals issued by ACHD are null and void.When a new application is submitted,ACHD will re-evaluate Site Specific Conditions of Approval,including driveway locations. Cooperative Development Agreement The developer entered into the Agreement with ACHD to design and construct the expansion of the roundabout. The civil drawings were nearly complete in 2018,but the developer could not commit to constructing the improvements and could not provide a timeline for development. The Agreement was subsequently terminated in 2019. ACHD Intersection Design/Driveway locations Because the applicant failed to satisfy the terms of the Cooperative Development Agreement,ACHD quickly hired a consultant to design the intersection so that the roundabout could be constructed with the widening of Eagle Road between Victory Road and Amity Road,in FY2021,per the Integrated Five Year Work Program. Ada County Highway District•3775 Adams Street•Garden City,ID•83714•PH 206 387-6100•rX 345-7650•www.achd1daho,org Page 10 Page 235 Item#22. The ACHD intersection design is nearly complete. As a result of the traffic analysis prepared by the consultant,it was determined that an eastbound bypass lane is necessary at the northwest corner of the intersection to accommodate the forecast traffic volumes. Due to safety concerns related to the proximity of the easterly driveway,ACIID did not include the easterly driveway on Amity Road in the intersection plans. On the intersection plans ACHD has included the southerly driveway on 1~agle Road as a right-in/right- out driveway with a deceleration lane.If the applicant pays for these improvements and enters into a Cost Share Agreement with ACIID to construct the driveway and deceleration lane,prior to the beginning oFprojcet construction,then ACIII)will construct the improvements with the intersection project. If the applicant does not pay for the costs,then these improvements won't be constructed by ACIID. Additionally,the applicant will need to dedicate additional right-of-way for the deceleration lane,which ACIID will not compensate For because the deceleration lane is necessary to Serve the site. ACIID may need additional right-of-way or easements to constrict the roundabout,but we are working closely with The Land Group to minimize impacts to this property. Time Extension Request ACHD has no objection to the'Time Extension and has no additional plat conditions_ 'llic conditions related to the Cooperative Development Agreement,however,are no longer valid. Sincerely, Ow&sty trite Christy Little Development Services Manager (208)387-6144 cl ittl c(ai acltdidaho.org cc: Eri City of Meridian Page 11 Page 23Ei Item#23. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Development Agreement Between the City of Meridian and Pinnacle Land Development, LLC for Brody Square (H-2020-0032) Page 237 ADA COUNTY RECORDER Phil McGrane 2020-138110 BOISE IDAHO Pgs=42 BONNIE OBERBILLIG 10/15/2020 11:46 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: I. City of Meridian 2. Pinnacle Land Development, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 13th day of October , 2020, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian,Idaho 83642 and Pinnacle Land Development,LLC,whose address is 7629 E.Pinnacle Peale Road., Ste 110, Scottsdale, AZ 85255 hereinafter called OWNER/DEVELOPER. 1. CITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity,of certain tract of land in the County of Ada, State of Idaho,described in Exhibit"A",which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS,Idaho Code§ 67-6511A provides that cities may,by ordinance, require or permit as a condition of zoning that the Owner and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-58-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS,Owner/Developer has submitted an application for annexation of 15 acres of land with an R-8 zoning district of the property listed in Exhibit "A",attached hereto, under the Unified Development Code,which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council,as to how the Property will be developed and what improvements will be made;and 1.6 WHEREAS, the record of the proceedings for requested annexation and zoning held before Planning and Zoning Commission and the City Council, includes responses of government subdivisions providing services within the DEVELOPMENT AGREEMENT—BRODY SQUARE(H-2020-0032) PAGE 1 OF 9 Item#23. City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 8th day of September, 2020,the Meridian City Council approved certain Revised Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit`B';and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS,Owner/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS,City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on December 19,2019,Resolution No. 19-2179, and the UDC,Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words,terms,and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian,a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue,Meridian,Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Pinnacle Land Development LLC,whose address is 7629 E.Pinnacle Peak Road,Ste 110,Scottsdale,AZ 85255,hereinafter called OWNER/DEVELOPER,the party that owns and is developing said Property and shall include any subsequent owner(s)/developer(s) of the Property. DEVELOPMENT AGREEMENT—BRODY SQUARE(H-2020-0032) PAGE 2 OF 8 Item#23. 3.3 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada,City of Meridian as in Exhibit"A"describing a parcel to be annexed and bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. The rear and/or sides of 2-story structures on Lots I 1-21,Block 1 and Lots 2-6,Block 2 that face N. Black Cate Road are required to incorporate articulation through changes in two or more of the following:modulation(e.g.projections,recesses,step- backs,pop-outs),bays,banding,porches,balconies,material types,or other integrated architectural elements to break up monotonous wall planes and roof lines. Single- story structures are exempt from this requirement. Planning approval will be required at the time of building permit. b. Homes on Lots 8-10, Block 1 are limited to one-story. c. A concrete wall and berm are to be constructed along the property line adjacent to 5230 N. Black Cat Road. d. Future development of this site shall be generally consistent with the preliminary plat, landscape plan, and conceptual building elevations for the single-family dwellings included in Section VIII and the provisions contained in the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as exhibit"B". 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either parry's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. DEVELOPMENT AGREEMENT—BRODY SQUARE(H-2020-0032) PAGE 3 OF 8 Page 240 Item#23. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default,which action must be prosecuted with diligence and completed within one hundred eighty(180)days;provided,however,that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2,Owner/Developer shall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner and/or Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include,without limitation, acts of civil disobedience, strikes or similar causes,the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer,prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the DEVELOPMENT AGREEMENT—BRODY SQUARE(H-2020-0032) PAGE 4 OF 8 Page 241 Item#23. ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall,following recordation of the duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit,cash deposits, certified check or negotiable bonds,as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed,and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER/DEVELOPER: Pinnacle Land Development,LLC 7629 Pinnacle Peak Road, Ste 110 Scottsdale, AZ 85255 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof,and that DEVELOPMENT AGREEMENT—BRODY SQUARE(H-2020-0032) PAGE 5 OF 8 Page 242 Item#23. the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other parry so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner and/or Developer,each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property,or portions thereof,except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees,upon written request of Owner and/or Developer,to execute appropriate and recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had determined that Owner and/or Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party shall act reasonably in giving any consent,approval,or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,condition and understandings between Owner and/or Developer and City relative to the subject matter hereof,and there are no promises,agreements,conditions or understanding,either oral or written, express or implied,between Owner and/or Developer and City,other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns,and pursuant,with respect to City,to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning ofthe subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT—BRODY SQUARE(H-2020-0032) PAGE 6 OF 8 Page 243 Item#23. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Pinnacle Land Development LL By: Randy Clarno Its: CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison Chris Johnson, City Clerk DEVELOPMENT AGREEMENT—BRODY SQUARE(H-2020-0032) PAGE 7 OF 8 Page 244 Item#23. STATE OF a 4 4 Q ) . ss: County of ) On this 31day of.Seo-fl:n 4P ,2020,before me,the undersigned,a Notary Public in and for said State, personally y ppeared Randy Clarno known or identified to me to be the of Pinnacle Land Development,LLC,and the person who signed above an� wledged to me that he executed the same on behalf of said Corporation. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) °GOAT DAB ••. CS •• %.......••�f �.. NoTAA j,:c Notary Public for • Residing at: c • Or,AUBLIC My Commission Expires: ��'••':h•N0.2�. �• O 'one " OF 1 0°•••• Residing at: Boise, ID •. • . Commission expires: 11/28/2025 STATE OF IDAHO ) : ss County of Ada ) On this 13th day of October , 2020, before me, a Notary Public, personally appeared Robert E. Simison and Chris Johnson, known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian,who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at: Meridian, ID Commission expires: 3-28-2022 DEVELOPMENT AGREEMENT—BRODY SQUARE(H-2020-0032) PAGE 8 OF 8 Page 245 Item#23. Exhibit A Legal Description DescAption for Brady Square 5ulbdiviutun:�4lnnOxattion Maich f3, 2020 A parcel'of land situated within the Southwest 114 of the Soutimaest 114 of Section 27,Township 4 North,kange 1 West of the Boise Meddian,.Ada County, Idaho,more Wiculairly described as follows; Commencing at the Section corner common to Sections 27, 28, 33, and 34,TAK RAW,SM.from which the tf4 corner common to said Sections 27 and 28 bears Nodh 00031log"East,2637.37 feat;thence on the West boundary$ne of said Section 27, Noah 00`31'W'l ast,329.49 feet to the REAL.POINT OF 19EGINNING; thence continuing on said West boundary line, North 0011311091 East; 989.15 feet to the South 1116 cornea common-to said Section 27 and 28; thence on flee North boundary line,of the Southwest 114.of the$outbWoot.114 of said Section 27,.Booth 89117141":East;660,,80 feet to the.Northwest cornet of Lot 2, Stook"2,Black Gat Estates No,2,.asfflled in Book 32 of Plate at Pages 1948 and 1.946, records of Ada County,tdaha; thence South 00131'08"'JW'est,989.12 feet to the Sa:theast corner of said Lot 1, Black Cat Eslates No. 1,as filed in Book 29 of Plats at Pages 1798 and 1799,records of Ada County+,ldaho thence North 89117'52"Wbst, 660.80 feet to the REAL._POINT OF BEGINNING. Containing 15.00 acres, more or less. End of Description. M � page t of 1 Brody Square H-2020-0032 Page 246 Item#23. z� 1QO fat1 �i f; UNPUTrP4D 7 i a I f' a [ Vd'I:F'1.ATTPD t � �+ j BLACK VATt~ q 'n t-v 'STATES NO. E q ' SUBDIPrISION 4°i� wi$.UC! ACRES Ir � I S4, 4AN'kllWk S7. M j i i t'1f RF I;ykt v4Girj rlLC,CK i Yh4r,Y CRT � ••••••••r•.• �c�;$']T'5 r•,'!; :"s(it'J.B�?��_�•�f�,' ll'S7ifY'b'a�' ,4'lJ 7 5`tlfi7T1'VFSFUN � cr I � tE}t11� M+tlr4D L •1779 77.ii A MCMILL N its. �� o 33 34 ZPAA IDAHO EXHIBIT DRAWING FOR 4�� suRvEr wos,Moo"t�4�al [�9Z�7DY SQUARE SUBDIVISION--ANNEXATION >�nK GROUP. LLC tl`xAYSl7 IN 1*Sq 1f4 Cr ME xH RY4 c-w mCN 2.Y. u.n.Ua1c 14N..0,IW,aN.,AM CKAMY,wx5 11��13CS4 Brody Square H-2020-0032 Page 247 Exhibit B Item#23. CITY OF MERIDIAN REVISED FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EN AND DECISION& ORDER In the Matter of the Request for Annexation and Zoning of 15 Acres of Land with a R-8 zoning District,and Preliminary Plat Consisting of 64 Building Lots, and Vacation of Daphne Right of Way by Pinnacle Land Development,LLC. Case No(s). H-2020-0032 For the City Council Hearing Date of: July 21,2020 (Findings on August 4,2020) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 21, 2020, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of July 21,2020, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 21, 2020, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of July 21,2020, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(BRODY SQUARE—FILE H-2020-0032) - I - Page 248 Item#23. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 21, 2020, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for annexation,zoning,preliminary plat and vacation of Daphne Street is hereby approved per the conditions of approval in the Staff Report for the hearing date of July 21,2020,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(BRODY SQUARE—FILE H-2020-0032) -2- Page 249 Item#23. agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67,Idaho Code. F. Attached: Staff Report for the hearing date of July 21,2020 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(BRODY SQUARE—FILE H-2020-0032) -3- Page 250 Item#23. By action of the City Council at its regular meeting held on the 8th day of September 2020. COUNCIL PRESIDENT TREG BERNT VOTEDYEA COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED YEA COUNCIL MEMBER JESSICA PERREAULT VOTED ----- COUNCIL MEMBER LUKE CAVENER VOTED YEA COUNCIL MEMBER JOE BORTON VOTED YEA COUNCIL MEMBER LIZ STRADER VOTED YEA MAYOR ROBERT SIMISON VOTED ------ (TIE BREAKER) Mayor Robert E. Simison Attest: Chris Johnson City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 9-8-2020 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(BRODY SQUARE—FILE H-2020-0032) -4- Page 251 EXH I BIT A STAFF REPORT E COMMUNITY N --- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 7/21/2020 Le ' DATE: �� TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner 208-489-0573 Bruce Freckleton,Development ----- _ Services Manager 208-887-2211 SUBJECT: H-2020-0032 Brody Square r LOCATION: The site is located within the northeast quadrant of N. Black Cat Road and W. _ McMillan Road., in the SW I/4 of Section 27,Township 4 N.,Range 1 W. I. PROJECT DESCRIPTION Annexation&zoning of 15 acres of land(3 different properties)with an R-8 zoning district, and preliminary plat consisting of 65 building lots and 7 common lots,by Pinnacle Land Development, LLC. This request also includes vacating approximately 275 feet of Daphine Street. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 15.00 Future Land Use Designation Medium Density Residential Existing Land Use(s) Single Family/Rural Proposed Land Use(s) Single Family,65 Lots Lots(#and type;bldg./common) 65 Single Family,7 Common Lots Phasing Plan(#of phases) 1 phase Number of Residential Units(type 65 Single Family of units) Density 4.33 du/acre Open Space(acres,total 2.67 acres, 16.5%total open space, 11.5%qualified open [%]/buffer/qualified) space Amenities <20 acres, one required. Physical Features(waterways, Beach Lateral parallels N.Black Cat Road. hazards,flood plain,hillside) Neighborhood meeting date;#of January 23,2020—7 attendees signed in. attendees: Page 1 Page 252 Item#23. Description Details Page History(previous approvals) Black Cat Estates No. 1 &2,unincorporated Ada County B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD Commission Action(yes/no) Yes—Vacation of Daphne St must be approved by ACHD. Access(Arterial/Collectors/State Four accesses are proposed.The Hwy/Local)(Existing and Proposed) western access is to N.Black Cat Road(Minor Arterial)from Daphine Street(local road)and the eastern access is to McMillan Road(Minor Arterial)via Daphine Street and N.Joy Street (local roads).There are two stub streets shown. Traffic Level of Service Per the ACHD staff report: McMillan Rd.—Better than"E" (acceptable level of service) Black Cate Rd.—Better than"B" (acceptable level of service) Stub Street/Interconnectivity/Cross Access The applicant is proposing two stub streets—one to the east and one to the south. Existing Road Network Minor Arterials and Local Streets Existing Arterial Sidewalks/Buffers Buffer and sidewalk exists on west side of N.Black Cat Road (part of the Jump Creek Subdivision.)Buffer and sidewalk on east side of N.Black Cat Road proposed with this subdivision. Proposed Road Improvements Local streets are being constructed to serve this development.All streets will be constructed to ACHD standards. Distance to nearest City Park(+size) Approx. 1.5 miles to Keith Bird Legacy Park and Heroes Park Distance to other key services Approx. 1.5 miles to Hunter Elementary School,2 miles to Rocky Mountain High School. Fire Service • Distance to Fire Station Fire Station No.2,2.6 miles • Fire Response Time Less than 5 minutes • Resource Reliability 76%-does meet the targeted goal of 80%or greater • Risk Identification Risk Factor 2. Current resources would not be adequate to supply serve to project. • Accessibility Project meets all required access, road widths and turnaround. Page 2 Page 253 Item#23. Description Details Page • Special/resource needs Project will not require an aerial device;cannot meet this need in the required timeframe if a truck company is required. Closest truck company is 13 minutes travel time. • Water Supply Requires 1,000 gallons per minute for one hour,may be less if buildings are fully s rinklered. Police Service No comments submitted. West Ada School District No comments submitted. Wastewater • Distance to Sewer Services Directly adjacent in N.Black Cat Road • Sewer Shed North Black Cat Trunkshed • Estimated Project Sewer ERU's See application • WRRF Declining Balance 13.91 • Project Consistent with WW Master Yes Plan/Facility Plan • Impacts/Concerns •No sewer mains in common driveways. •No manholes in common driveways or sidewalks. •Provide"to and through" sewer connection to the property to the south. Water • Distance to Water Services Located in N.Black Cat Road • Pressure Zone 1 • Estimated Project Water ERU's See application • Water Quality No concerns • Project Consistent with Water Master Plan Yes • Impacts/Concerns Modeling analysis will need to be completed at Final Plat to verify minimum fire flow pressure is met at each phase. 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NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 5/29/2020 6/19/2020 Radius notification mailed to properties within 300 feet 5/29/2020 7/16/2020 Public hearing notice sign posted 7/10/2020 on site Nextdoor posting 5/27/2020 7/16/2020 V. STAFF ANALYSIS A. Annexation: The proposed annexation area is contiguous to City annexed property and is within the Area of City Impact Boundary. To ensure the site develops as proposed by the applicant, staff is recommending a development agreement as part of the annexation approval. B. Future Land Use Map Designation(https://www.meridianciU.org/compplan) This property is designated Medium Density Residential on the City's Future Land Use Map (FLUM) contained in the Comprehensive Plan. This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. The annexation area is near existing public services and not on the periphery of corporate city limits; existing City of Meridian zoning and development is directly adjacent to the west, north and nearby to the east. The proposed land use of single family residential is consistent with the recommended uses in the FL UM designation. The proposed project has a gross density of 4.3 du/ac, meeting the required density range listed above. Therefore, Staff finds the proposed preliminary plat and requested R-8 zoning district to be generally consistent with the Future Land Use Map designation of Medium Density Residential. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Section IX.A. The DA is required to be signed by the property owners)/developer and returned to the City within 6 months of the Council granting the annexation for approval by City Council and subsequent recordation. Comprehensive Plan Policies (https:llwww.meridiancity.or /�pplan): Page 5 Page 256 Item#23. The following Comprehensive Plan Policies are applicable to this development: • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents." (2.01.02D) The proposed medium density single-family detached homes will contribute to the variety of residential categories in the City; however, there is no variety in housing types proposed within the development. The FL UM recommends densities of between 3 and 8 dwelling units per acre. Given this density recommendation, likely any resulting housing would be of the single-family detached type. • "With new subdivision plats, require the design and construction of pathway connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities." (2.02.01A) The proposed plat depicts S'sidewalks on both sides of all local roads, a S'detached sidewalk along Black Cat Rd, and 6'wide pathways within the central common open space. This will result in multi-modal routes both to the development and within the development. The central park amenity shown in Lot 9 consists of a small pond, a gazebo and several pathways. At present, the pond cuts off walkway access in the middle of Block 3. It is staff's opinion that connecting the two pathways along the pond would result in more useable space. Staff has added this as a recommended condition of approval. • "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity." (2.02.01D) Attached sidewalks are proposed on both side of all streets. Sidewalks will be completed to the terminus of stub streets at the east and south which would connect to any future development. A S'detached sidewalk is proposed along the length of the development paralleling Black Cat Road. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services." (3.03.03F) City water and sewer service is available along Black Cat Road and can be extended by the developer with development in accord with UDC 11-3A-21. • Ensure that new development within existing residential neighborhoods is cohesive and complementary in design and construction. (2.02.02F) To the west of the subject property is the Jump Creek Subdivision, zoned R-8 (same as this proposal) with lot sizes of approximately 6,000 square feet (similar sizes as what is proposed with this plat). North of the property is single family residential zoned R- 4. South of the property is vacant land, and east of the property is rural residential zoned RUT in Ada County. The areas that have developed in the vicinity of the subject property thus far have been comparable in zoning and lot sizes. Page 6 Page 257 Item#23. This development proposes architecture consisting of one and two story homes with pitched roofs, stone bases and/or lap siding very similar to what has been constructed in the Jump Creek Subdivision. The landscape buffer and S'detached pathway shown on the landscape plan is comparable to the improved stretch of Black Cat Road along the Jump Street Subdivision. The proposed single-family residential development and site design should be compatible with existing residential uses. In order to ensure compatibility and quality of design, staff recommends a condition that the rear and/or sides of 2-story structures on Lots 11-21, Block I and Lots 2-6, Block 2 that face N. Black Cat Road shall incorporate articulation through changes in two or more of the following: modulation (e.g.projections, recesses, step-backs, pop-outs), bays, banding,porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines. Single- story structures are exempt from this requirement. Planning approval will be required at time of building permit. C. Existing Structures/Site Improvements: The subject property consists of three lots. There is an existing single-family residence on each lot. These will be removed. D. Proposed Use Analysis: Single-family detached dwellings are listed as a principal permitted use in the R-8 zoning districts in UDC Table 11-2A-2. E. Dimensional Standards(UDC 11-2): All proposed lots and public streets appear to meet UDC dimensional standards per the submitted preliminary plat. This includes property sizes, required street frontages, and road widths. Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3, including but not limited to streets, common driveways and block face. In addition, all subdivision developments are also required to comply with Subdivision Design and Improvement Standards (UDC 1I- 6C-3) regarding common driveways. There are two (2) common driveways proposed; such driveways should be constructed in accord with the standards listed in UDC 11-6C-3D. An exhibit should be submitted with the final plat application that depicts the setbacks,fencing, building envelope, and orientation of the lots and structures accessed via the common driveway. If a property abuts a common driveway but has the required minimum street frontage and is taking access via the public street, the driveway should be depicted on the opposite side of the shared property line from the common driveway. A perpetual ingress/egress easement shall be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. Page 7 Page 258 Item#23. Address signage should be provided at the public street for homes accessed via the common driveways. F. Access(11-3A-3): Four accesses are proposed. The western access is to N. Black Cat Road (Minor Arterial) from Daphine Street (local road) and the eastern access is to McMillan Road (Minor Arterial)via Daphine Street and N. Joy Street(local roads). There are two stub streets shown. ACHD reviewed this proposal and in a staff report dated May 1, 2020 stated the project is anticipated to generate approximately 613 additional trips per day, with 65 additional trips during the PM peak hour. Black Cat Road, a minor arterial, is presently improved with two travel lanes. ACHD intends to expand it to three lanes between 2026 and 2030. There is no curb, gutter or sidewalk on the east side along the subject property although it is improved with detached sidewalk on the west. Existing right-of-way is approximately 29 feet from centerline to the subject property. The applicant proposes to dedicate 19 additional feet of right-of-way to centerline and construct a 5'detached sidewalk in this area. Daphne Street is presently built to 26 feet wide in a 50'right-of-way without curb, gutter or sidewalk. The applicant proposes to vacate approximately 275 feet of Daphne at the center of the proposed development to locate an approximately 1.6 acre park and pond in this area. At the east and west of this park, Daphne will be built to 33 feet in width with rolled curb, gutter and 5 foot attached sidewalk. ACHD has not expressed concerns regarding the proposed vacation. City Council is a recommending body on the vacation request. Two stub streets are proposed. Avilla Drive will stub to the east, and Eynsford Ave will stub to the south. All roads within this proposed development will be local roads built to the same standards as Daphne Street. During the November 7, 2019 Pre-Application Meeting, staff recommended that a stub street should be provided to the north from Avilla Drive through Block 1. This is to allow future access from the property at 5230 N. Black Cat Rd if it were to redevelop in the future. This access is not provided. Staff is recommending this as a condition of approval. W. McMillan Road, a minor arterial, is intended to be widened from two to three lanes by 2035. A roundabout is planned for the McMillan/Black Cat intersection. W. McMillan Road is not part of this development. Meridian Fire has stated the project meets all required access, road widths and turnarounds. ACHD has stated they support the road network and improvements as proposed. G. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family detached dwellings based on the number of bedrooms Page 8 Page 259 Item#23. per unit. Future development should comply with these standards. No parking plan was submitted with the application. H. Pathways (UDC 11-3A-8): Several pathways are proposed with this development. At the center of the development is a common lot containing a park and a pond(Lot 9 Block 3). There is an approximately 295'long pathway north of the pond in this common lot. There is an east/west pathway south of the pond. Sidewalks are proposed on both sides of all roads within the development. The applicant is requesting an open water pond be credited toward their qualifying open space (as is discussed below). For full credit, staff recommends the northern and southern pathways connect along the pond to produce a more inviting and useable area. The applicant has submitted conceptual exhibits to demonstrate the alignment and distances. All pathways will be required to meet the requirements of section 11-3A-8 of the UDC. I. Sidewalks(UDC 11-3A-17): Attached sidewalks are proposed along internal streets in accord with the standards listed in UDC 11-3A-17. J. Parkways (UDC 11-3A-1 No parkways are proposed with this plat. K. Landscaping(UDC 11-3B): The development proposes approximately 108,000 sf of open space, which is 16.5%of the total area. This includes a 25'wide buffer along Black Cat Road as required for arterial streets, 20'wide landscape strips on either side of Daphne Street, and a central open space and park with a water feature shown as Lot 9. With a length of 988 feet, 28 trees would be required within the Black Cat Road Buffer. The landscape plan proposes 34 trees. The buffer appears to comply with UDC 11-2A-6. L. Qualified Open Space (UDC I1-3G): The applicant proposes 11.5%of qualified open space. This includes a central park within Lot 9, Block 3 (including a .42-acre pond) and the .54-acre arterial landscape buffer which is being given % credit per the UDC. The pond is 24% of the total qualified open space, which meets the 25%maximum of UDC 11-3G-3D. As is required to count the pond as qualified open space, it is proposed to be developed with an amenity consisting of a shade structure and several benches. The landscaping as proposed meets the minimum requirements of I1-3B. As mentioned in the "Pathways"Section above, staff recommends the northern and southern pathways connect along the pond to produce a more inviting and useable area. M. Qualified Site Amenities (UDC 11-3G): Based on the area of the proposed plat(15.4 acres), a minimum of one (1) qualified site amenity is required to be provided per the standards listed in UDC 11-3G-3C. Page 9 Page 260 Item#23. The applicant has proposed one (1) qualified amenity, a pond and shade structure with a seat wall and several benches. There are pathways that intersect in this area. The amenity meets the minimum requirements of UDC 11-3G. N. Tree preservation(11-3B-10) The applicant proposes to remove 93 trees (1,367 cal. inches) that will require mitigation. The applicant has committed to working with the City Arborist prior to removal. Staff is recommending a condition that the applicant submit a tree mitigation plan at time of final plat. This mitigation plan shall indicate the total number and caliper inches of trees proposed for removal and the total number of replacement trees proposed. O. Waterways(UDC 11-3A-6): The existing Beach Lateral parallels the western property line along Black Cat Road. This ditch is required to be piped as indicated by UDC 11-3A-6. P. Fencing(UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-6C and 11-3A- 7. Fencing is shown on the landscape plan and consists of 6' high solid vinyl fencing around the entire perimeter of the development (including along Black Cat Road, and 5' open style lattice top fencing along the common areas. There are several areas within Lot 9 (the common area) where closed style fencing is shown. UDC 11-3A-7 requires any fencing abutting pathways and open space to be open style. Q. Utilities (UDC 11-3A-21): Public services are available to accommodate the proposed development. All lots within the subdivision will be provided domestic water and sanitary sewer service by the City via extensions available along N. Black Cat Road. Irrigation will be provided by Settlers Irrigation District via the Beach Lateral. The Beach Lateral is not a constant delivery system so a pump and pond will be constructed for water storage. The pond is being developed as a landscape feature. R. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant has submitted sample elevations of the single-family homes for this project(see Section VIII). The single-family homes are depicted as two-story structures with two-car garages, and a variety of finish materials with stone and lap-siding combinations. The submitted sample elevations appear to meet design requirements for single-family homes and use consistent architecture as the homes across N. Black Cat Road in the Jump Creek Subdivision. As mentioned in the Comprehensive Plan section above, a condition of approval is being recommended in regard to planning review of homes visible from N. Black Cat Road. S. Right-of-Way Vacation The applicant is proposing to vacate approximately 275 feet of Daphne Street to configure the central park and open space in the center of the development. Proposed internal roads will route traffic around the park. This section of Daphne Street is not Page 10 Page 261 Item#23. needed for access. Therefore, staff is supportive of vacating the ROW. However, per City Code, the City Council is only a recommending body on the vacation request; final approval is subject to ACHD approval. ACHD has noted a separate application will be required and the vacation should be completed prior to final plat approval. If the vacation is ultimately not approved, the plat as currently presented must be revised. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and zoning with the requirement of a Development Agreement and approval of the requested preliminary plat with the conditions noted in Section IX. per the Findings in Section X. B. The Meridian Planning &Zoning Commission heard this item on June 18, 2020. At the public hearing, the Commission moved to recommend approval of the subject Annexation and Preliminary Plat request. 1. Summary of Commission public hearing_ a. In favor: Deborah Nelson with Givens Pursleyy, Randy Clarno with Pinnacle Land Development and Brandon McDougald with Kimley Horn (Applicant's Representatives), Paul Poorman, neighbor at 5230 N. Black Cat Road. b. In opposition: None c. Commenting: Deborah Nelson with Givens Pursley, Randy Clarno with Pinnacle Land Development and Brandon McDougald with Kimley Horn Applicant's Representatives) d. Written testimony: None e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application: Bill Parsons 2. Key issue(s) of public testimony a. Paul Poorman, adjacent neighbor to the north at 5230 N. Black Cat Road, said the applicant had been very good with working with him, and he supported the development but had privacy concerns. He said the applicant had assured him he would get a privacy fence to the south and any houses adjacent to his would be kept one story so they would not look down into his house. 3. Key issues(s) of discussion by Commission a. The Commissioners discussed whether the northern stub street was necessary. Page 11 Page 262 Item#23. b. The Commissioners had questions regarding future expansions of N. Black Cat Road and whether the round-about was still being constructed at N. Black Cat Road and W. McMillian Road. c. The Commissioners discussed whether the pond should be considered an amenity, and whether it could be reconfigured to connect the north and south pathways as staff had recommended. d. The Commissioners discussed Paul Poorman's request for a fence, and his desire for adjacent homes to be kept to one story. 4. Commission change(s)to Staff recommendation: a. Remove staff condition for a stub street to be provided to the north from Avilla Drive through Block 1. b. Remove Lot 61 to reconfigure the pond into this area to provide a better open space and allow the connection of the pathways as recommended by staff. c. Add a restriction that homes on Lots 42-44 be limited to one-story. d. Add a condition for a concrete wall and berm to be constructed along the property line adjacent to 5230 N. Black Cat Road. 5. Outstanding issues s, for City Council: a. The lot numbering on the plat versus the landscape plan is not consistent. The plat has the correct numbering. The Planning Commission recommendation for homes on Lots 42-44 to be limited to one-story should be changed to Lots 8-10, Block 1. C. The Meridian City Council heard these items on July 21, 2020. At the public hearing, the Council moved to approve the subject preliminary plat request. 1. Summary of the City Council public hearing_ a. In favor: Deborah Nelson (Givens Pursley) b. In opposition: None c. Commenting: Deborah Nelson(Givens Pursley), Rand. Clarno developer, and Tim Nicholson(Kimley—Horn) d. Written testimony: None e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application: None Page 12 Page 263 Item#23. 2. Key issue(s) of public testimony a. None 3. Key issue(s) of discussion by City Council: a. None 4. City Council change(s)to Commission recommendation: a. None Page 13 Page 264 Item#23. VII. EXHIBITS A. Preliminary Plat(date: 7/1/2020) Xl�Q�s: M 3 9F!EC U.;a 4,. Sfi�Y91'F kil _ i.Y 8LC9CJL f A afi I I 'I no 11 :' 10`-1 V �I = Vol 7F }77 ff .16M$ IF m,l!!LOMWM IF 11R75 7!f TIC .11F 1i�_ - -�-- - -- _- 11 Syr , r F-77- 911' I { WW 472 6F {ICE I 2 1 g1 I 0 I eea t 11ea `aae sF I 1# icdd dF °�5 , ily J lip' ym SF 13 �� 0 9w 1<� I I IA'roti s �i•rr:p-c ' I �aotic r nh $ s i YI 17 +Y 5 afi007 � - NM ir 55M sF AFM '1S7� - i17` � � In?HLOCIS 6 Rk>�dP59rtQ0'36 3 7d94� .. a I I>0' I }em a 1� :if, I s}®3} I a_sr 7,2 sipla # BEM 9F ++ 5WC sF I I __ �'', - 'I� ' live 2 asen� K"M Hop I iXWy'+iYf`c -*y- f ; ?yore cF ! 7we 5F . -- ENIRJIYE.S7-WFQ + �� DAPIME ST — "AV OHM� ia+ — n.za �, a I i � — I 4°0>F 1 r� azocac a : nne �I ~ •IR � I : � I I I � it ®la � er I I I I $ t I cria s I'at 10 u z 1n 12 i= is Iy 12 �saa s I-IT72 F L crag �� I aim� Ritld29V6132P i 5 Hi9QT1T 2},R 1 areas I� I 1�7 yea a _ ��A Si rry:r y7, 7 -'1 Ir �� # I I dll � 2 1 7 0 �I 11 - 13 1 is ;: f �--- 1 : 41%}F •win SF $M 6 '&91}F LL#S ��#9F ' �sr al? u I u a21**-FWL ixLW P " l5P!!- 9042F.TJMW I -T ;a L. v1+611 tF Mc N.TWl Xlfl i Page 265 Item#23. B. Landscape Plan(date: 7/l/2020) 41- ' 43 ' �x I �4 I �f4 I 34 I 3a I ''A I -s L A Lj I':- BLOCK J i BLOCKf A. so 30 -- _�_r 8 — C R f . 02 1 fit I I APti ROMP 1 _ S' 13 `.. 14 ' 15 €,�� 17 i 19 i 19 i 2G I — I I � v I Page 266 Item#23. C. Amenities Commun V Shade StfUCtLIrel Plcnlc Area Rzimada: + Manufacturer_ Classic Recreation Systems Model: C hadestan f Size: 21Y x 21Y b MatL-Hal: Steel • Color. 'Cool Jade Green" (roof) and 'Jet Black' {frame) Commu n Pored (Example, Stucco Seat Wal I (Example) i 1 Page 16 Page 267 Item#23. D. Elevations r� 6 l _ �f1i �L•L.l ��� F- �1� 1 � Page 17 Page 268 Item#23. E. Legal Description Description for Brody Squaro ubdivisfon-Annexaflon March 13, 2020 A parciel of land situated within the Southwest 114 of the Southwest 114 of Section 27, Township 4 Forth. Range 1 West of the Boise N eridian, Ada County, Idaho, more partica,larly described as follows, Gommencing at the Section corner common to Sections 27. 26. 33, and 34. T 4N. RAW. S.M. from which the 114 cornqEf common to said Sections 27 and 28 bears North 00'31'09"East, 2637.37 feat; thence on the West boundary line of said Section 27. North 00`31'09" East, 329.49 feet to the DEAL POINT OF 13EGINNING; thence continuing on said West boundary lir*, North 60131'OV' East.. 989 15 feet to the South It16 oorner cornmoin to said Section 27 and 8; thence on the North boundarw line of the Southwest I of the Southwest 114 of said Section 27, South 89017'41° East. 660.80 feet to the NMhwest darner of Lot 2, Block 2. Black Gat Estates No. 2, as filed in Book 32 of Plats at Pages 1945 and 1946. records of Ada County, Idaho; thence South 00'31'08"West. 989.12 feet to the BoLtheast rxrner of said Ux 1 Black Cat Eslates No. 1. as filed in Book 29 of Plats at Pales 1798 and 1799, records of Asia Gounty, Id0o thence North 89`1 T52"West 660.80 feel to the READ. POINT OF BEGINNING. Containing 15 00 acres. more of less. End of Descnption 7 L:l ,ffy 11779 Page 1 of 1 Page 269 Item#23. 1/4 25 100 4912 50 2011 2 SCALE, 1r 200' 7 J L UJVPLA TTEP 2a r27 p: �j UNPLA TTED BLOCP� 2 ;z BLACK cAT ESM97S NO- 2 SUBLTHSION Lu 00 ol W Li o : = -, Ln ED Mj iz W DAPHNE Sr. FAC, 4 (D 'UEA- Pr-'4%"f OF 13E�MNING 13LOCK FLACK CAST W89'1 7',52'W 55DZ0' 9-17TAT4715 Ivo, f SUBDIVISION C'LE ii pr'4..I ELNNIN tq�7'17',5 U UAT A A"P L A T 77E JD rNi 11779 W. MCMILLAN RD- 6 Of It AHO BIT DF?AWIN-G FOR SURVEv BRODY SQUARE SUBDIV51ON—ANNEXATION GROUP. LLC IN 14L Sr rf4 CF THE SN 1f4 OF Sir-TIC* r-411.A.M.. BN..ADA C13LW411.InIma Page 19 Item#23. i94'17V t°e GB3 S 'w 3?l M020 T a,l 1 inch= 111 feet Re:Brodap Square Annexation Rese.ndp Yrx11'1jASl5CJftwLCK&Jre.EM Ww0.0111.M09541}.PcnmoW---3Xv tl, 01 n®Oi1HeMAS 02 s89.1741■d1 -S M sM.11aaw M.17 04 dIB9 1752W RG's Page 20 Page 271 Item#23. Description for West Daphne Street Vacation March 6, 2020 A portion of West Daphne Street right of way as shown on Black Cat Estates No_ 2, as filed in Bank 32 of Puts at pages 1945 and 1946, records of Ada County, Idaho, situated within the Southwest 114 of the Southwest 114 of Section 27, Township 4 North, Range 1 blest of the Soise Meridian, Ada County, Idaho, more particularly described as fellows: omi-nancing at the Section corner common to Sections 27r 28, 33, and 34, T.4N. RAW. E.M. from which the 1/4 comer common to said Sections 27 and 28 bears North 00031'09" East, 2637.37 feet; thence on the West boundary line of said Section 27, North 00'31'09" East, 634.40 feet; thence on the Westerly extension of and the South right-of-way line of West Daphne Street, South 89�16' 8" East, 2 O,00 feet to the REAL POINT OF BEGINNING; thence leaving said South right-cf-quay line, North 00°31'09"° East, 50-00 feet to the North right-of-way line of Nest Daphne Street; thence on said North riight-of-way line. South 89'16 8" East, 273.80 feet; thence leaving said Forth right-of-way line, South 00'31'09" }.Nest, 50.00 feet to said South right-nf-way line; thence on said South right-of-way lyre, North 89016'58" Nest, 273.80 feet to the REAL POINT BEGINNING. Containing 13,690 square feet or 0.31 acres, more or less. End of Description. Page 21 Page 272 Item#23. tf4 i 10 40 iG0 zo- 27 U 24 8+] SCALE; 1 _ 80' I l� I i II � I � - P BLOCK 2 j9LACK CAP ESTATES r NO. z UBD--ivisfoN I I SnIV50"E 2Z3.-ao' 03 W. DAIRMNE 51 81 m REAL =DINT OF BCONNING I l BLACK CAT ESTATES I I I I I ,p N - tiUE, lVISflf _ I I t M - I � LA-34 rL a_ 179 . fold # 0 4 01 16? f — - I f AF EXH MT DRA1MNG FOR ae-m a�k+F51f a LYC ®fe RIGHT OF WAY VACATIONsmirr C{{$f i�.;L iPil.11l w GROUP, I f'� WEST DNP"HNE STREET 1 �7 ROU P, L L V UXAL TW 19 W 69,14 OF 7F£3r 114.-' .'nri4 27, M VATS iiII Page 22 Page 273 Item#23. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. The Development Agreement shall require the rear and/or sides of 2-story structures on Lots 11-21,Block 1 and Lots 2-6,Block 2 that face N. Black Cat Road to incorporate articulation through changes in two or more of the following: modulation(e.g. projections,recesses, step-backs,pop-outs),bays,banding,porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines. Single-story structures are exempt from this requirement. Planning approval will be required at time of building permit. b. The Development Agreement shall have a restriction that homes on Lots 8-10,Block 1 should be limited to one-story. c. The Development Agreement shall add a condition for a concrete wall and berm to be constructed along the property line adjacent to 5230 N.Black Cat Road. d. Future development of this site shall be generally consistent with the preliminary plat, landscape plan and conceptual building elevations for the single-family dwellings included in Section VIII and the provisions contained herein. 2. This approval is based upon ACHD vacating the requested section of Daphne St. 3. The plat included in Section VII, dated 7/1/2020, shall be revised as follows prior to submittal of the final plat application: i. A stub stT-eet shall be provided to the nei4h ffam Avilla Drive dffettgh Bleek 1. This is allow ft4we aeeess from the pr-eper-ty at 5230 N. Blaek CM Rd if it were to r-edevelep in the 4. The landscape plan included in Section VII.C, dated'�'%0 7/l/2020, shall be revised as follows prior to submittal of the final plat application: pathway alang the pend-. b. Sitting and passive r-eer-eation areas shall be depieted on the landseape pi—an-. c. The fencing shown in Block 3 shall be revised to be open style as required per UDC 1 I- 3A-7. 5. The applicant will submit a tree mitigation plan at time of final plat. This mitigation plan shall indicate the total number and caliper inches of trees proposed for removal and the total number of replacement trees proposed. Page 23 Page 274 Item#23. 6. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6 for all buildable lots. 7. The applicant shall comply with all provisions of 11-3A-3 with regard to access to streets. 8. The development shall comply with standards and installation for landscaping as set forth in UDC 11-3B-5 and maintenance thereof as set forth in UDC 11-3B-13. 9. The plat shall comply with the provisions for irrigation ditches,laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 10. Pathway and adjoining fencings and landscaping shall be constructed consistent with the standards as set forth in UDC 11-3A-7A7, 11-3A-8 and 11-3B-12C. 11. The development shall comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways,common driveways, easements,blocks, street buffers, and mailbox placement. 12. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family detached dwellings based on the number of bedrooms per unit. 13. An exhibit shall be submitted with the final plat application that depicts the setbacks, fencing, building envelope, and orientation of the lots and structures accessed via the common driveway; if a property abuts a common driveway but has the required minimum street frontage and is taking access via the public street,the driveway shall be depicted on the opposite side of the shared property line from the common driveway as set forth in UDC 11- 6C-3D. 14. For the common driveway that serves a dual purpose(i.e. driveway/emergency access), signage shall be provided to notify residents that the common driveway is a no parking zone. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 No sanitary sewer mainlines are allowed in the common driveways. 1.2 No sanitary sewer manholes are allowed in common driveways or sidewalks. 1.3 No dead-end water mainlines are allowed in common driveways. 1.3 Provide a"to and through" sanitary sewer mainline connection to the property to the south. 1.4 Modeling analysis must be completed at Final Plat to verify minimum fire flow pressure is met at each phase. 1.5 The geotechnical investigative report prepared by AllWest indicates some very specific construction considerations. The applicant shall be responsible for the adherence of these recommendations to help ensure that groundwater does not become a problem within crawlspaces of homes. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three Page 24 Page 275 Item#23. feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2"x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at(208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. Page 25 Page 276 Item#23. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for Page 26 Page 277 Item#23. surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. ACHD https:llweblink.meridianciU.oLvlWebLinkIDocView.aspx?id=186071&dbid=0&repo=MeridianC Lty D. MERIDIAN FIRE DEPARTMENT(MFD) https:llweblink.meridianciU.oLvlWebLinkIDocView.aspx?id=186071&dbid=0&repo=MeridianC Lty E. COMPASS https:llweblink.meridiancioy.orglWebLinkIDocView.aspx?id=188452&dbid=0&repo=MeridianC Lty F. DEPARTMENT OF ENVIRONMENTAL QUALITY https:llweblink.meridiancity.orglWebLinkIDocView.aspx?id=186718&dbid=0&repo=MeridianC Lu IX. FINDINGS A.Annexation and/or Rezone,and Vacation of ROW(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the Council shall make a full investigation and shall at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Commission finds annexation of the subject site with an R-8 zoning designation is consistent with the Comprehensive Plan MDR FL UM designation for this property if the Applicant complies with the provisions in Section HIT 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds the lot sizes proposed combined with the housing types proposed will be consistent with the purpose statement of the residential districts in that a range of housing opportunities will be provided consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds that the proposed zoning map amendment and vacation of Daphne St. should not be detrimental to the public health, safety, or welfare. The Commission recommends the Council consider any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Page 27 Page 278 Item#23. The Commission finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation(as applicable)is in the best interest of City: The Commission finds the proposed annexation is in the best interest of the City if the property is developed in accord with the provisions in Section VIII. B.Preliminary Plat(UDC 11-613-6) In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15- 2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) The Commission finds the proposed plat is generally in conformance with the UDC if the Applicant complies with the conditions of approval in Section IX. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The Commission finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The Commission finds the proposed plat is in substantial conformance with scheduled public improvements in accord with the City's CIP. 4. There is public financial capability of supporting services for the proposed development; The Commission finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and The Commission finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8- 30-2005, eff. 9-15-2005) The Commission is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Page 28 Page 279 Item#24. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Development Agreement Between the City of Meridian and Calvary Chapel Treasure Valley, Inc. (Owner) and Evans Development, LLC (Developer) for Poiema Subdivision (H-2020-0035) Page 280 ADA COUNTY RECORDER Phil McGrane 2020-138120 BOISE IDAHO Pgs=44 BONNIE OBERBILLIG 10/15/2020 11:51 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Calvary Chapel Treasure Valley, Inc., Owner 4. Evans Development LLC, Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 13th day of October ' 2020, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Calvary Chapel Treasure Valley, Inc., whose address is 9226 W. Barnes Drive,Boise,ID 83705,hereinafter called OWNERS and Evans Development LLC,whose address is 7761 W. Riverside Drive, Boise, ID 83705 hereinafter called DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner,in law and/or equity,of certain tract of land in the County of Ada, State of Idaho, described in Exhibit"A",which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS,Idaho Code§67-6511 A provides that cities may,by ordinance, require or permit as a condition of zoning that the Owners and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner and/or Developer have submitted an application for a annexation and zoning of 14.87 acres of land with an R-15 (medium high density)zoning district on the property listed in Exhibit"A"(attached),under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner and/or Developer made representations at the public hearing before the Meridian Planning and Zoning Commission and the Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for requested annexation and zoning before the Planning and Zoning Commission and the City Council, DEVELOPMENT AGREEMENT—POIEMA SUBDIVISION(H-2020-003 5) PAGE I OF 8 Item#24. includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 251h day of August, 2020, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit`B"; and 1.8 WHEREAS,the Findings require the Owner and/or Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner and/or Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner and/or Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words,terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian,a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNERS: means and refers to Calvary Chapel Treasure Valley, Inc., whose address is 9226 W. Barnes Drive,Boise,ID 83705,the party that owns said Property and shall include any subsequent owner(s) of the Property. DEVELOPMENT AGREEMENT—POIEMA SUBDIVISION(H-2020-0035) PAGE 2 OF 8 Page 282 Item#24. 3.3 DEVELOPER: means and refers to Evans Development LLC, whose address is 7761 W. Riverside Drive, Boise, ID, 83705, the parry that is developing said Property and shall include any subsequent developer(s)of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada,City of Meridian as described in Exhibit"A"describing the parcel to be bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner and/or Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the submitted and revised plans and conceptual building elevations for the attached single family and townhome dwellings included in Section VII of the Staff Report that is attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit `B" and the provisions contained herein. b. The applicant shall comply with the ordinances in effect at the time of application submittal. c. Direct lot access to E. Lake Hazel Road shall be prohibited. d. The entire frontage improvements along E.Lake Hazel Road shall be completed with the first phase of development. e. The proposed townhome units shall front on open space and not on the alleyway, especially those units facing the Ten Mile Creek. f. Lot 2, Block 2 shall be a non-buildable lot in perpetuity and the Church and future homeowner's association shall enter into a use agreement to ensure continued maintenance of this lot. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. DEVELOPMENT AGREEMENT—POIEMA SUBDIVISION(H-2020-0035) PAGE 3 OF 8 Page 283 Item#24. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either parry's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner and/or Developer's default of this Agreement,Owners and/or Developer shall have thirty(30)days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default,which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty(180)day period,then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner and/or Developer that is not cured after notice as described in Section 7.2,Owners and/or Developer shall be deemed to have consented to modification of this Agreement and de- annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules,including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owners and/or Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owners and/or Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owners and/or Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience,strikes or similar causes,the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owners and/or Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owners and/or Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by DEVELOPMENT AGREEMENT—POIEMA SUBDIVISION(H-2020-0035) PAGE 4 OF 8 Page 284 Item#24. City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits,and submit proof of such recording to Owners and/or Developer,prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall,following recordation of the duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit,cash deposits,certified check or negotiable bonds,as allowed under the UDC,to insure the installation of required improvements,which the Owner and/or Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed,and accepted by the City, or sufficient surety of performance is provided by Owner and/or Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. ` NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER: DEVELOPER: Calgary Chapel Treasure Valley, Inc. Evans Development LLC 9226 W. Barnes Drive 7761 E. Riverside Drive Boise, ID 83705 Boise, ID 83705 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. DEVELOPMENT AGREEMENT—POIEMA SUBDIVISION(H-2020-0035) PAGE 5 OF 8 Page 285 Item#24. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing parry shall be entitled,in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default,termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner and/or Developer,each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof,except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees,upon written request of Owner and/or Developer,to execute appropriate and recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had determined that Owner and/or Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party shall act reasonably in giving any consent,approval,or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,condition and understandings between Owner and/or Developer and City relative to the subject matter hereof,and there are no promises,agreements,conditions or understanding,either oral or written, express or implied, between Owner and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns,and pursuant,with respect to City,to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the DEVELOPMENT AGREEMENT—POIEMA SUBDIVISION(H-2020-0035) PAGE 6 OF 8 Page 286 Item#24. ' City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: DEVELOPER: ry Chapel Treasure Valley, Inc. Evans Development LLC By: ct Its: re s d P n Its: /r sf✓��, ��/ CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison Chris Johnson, City Clerk DEVELOPMENT AGREEMENT—POIEMA SUBDIVISION(H-2020-0035) PAGE 7 OF 8 Page 287 Item#24. STATE OF IDAHO ) :ss County of Ada ) On this 13th day of October 2020, before me, a Notary Public, personally appeared Robert E.Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at: Meridian, ID Commission expires: 3-28-2022 STATE OF IDAHO ) ss: County of Ada ) On this__I day of 5 2 pA ,2020,before me,the undersigned,a Notary Public in and for said State,personally appeared Or,V I I IctC,h m cz i,l ,known or identified to me to be the �;Ew�t e ti -;�c1s-t�,r of Calvary Chapel Treasure Valley,Inc.and the person who signed above and acknowledged to me that he executed the same on behalf of said Church. IN WITNESS WHEREOF, lgd > efd(p,�''Ipy hand and affixed my official seal the day and year in this certificate first above written. .•�Q.�, N�69 .y�,•,• (SEAL) ? ��i'rLo� 7 NOTARY Z pUBL�G ,� 2, otary Publi& Idaho ,�••. ' :tt:.••''••�0�,,Residing at: •••,9 ,01F':QP.•' My Commission Expires: STATE OF IDAHO ) ss: County of Ada ) On this day of 2020,before me,the undersigned,a Notary Public in and for said State,personally appeared_Z& VaytS ,known or identified to me to be the HAot"er of Evans Development LLC and the person who signed above and acknowledged to me that he a ecuted the same on behalf of said Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) RHONDA APSLEY COMMISSION#61606 NOTARY PUBLIC Notary Public for o STATE OF IDAHO Residing at: I S� My Commission Expires: 511 4 �-� DEVEiLOPMEN'r AGREEMENT-POIEMA SUBDIVISION(H-2020-0035) PAGE 8 Of 8 Page 288 Item#24. Exhibit A A. Annexation Legal Description and Exhibit Map _ �a ANNEXATION H 1..; r Page I.OF] .AND GROUT" February 19,2020 Project No..,119622 ANNEXATION CALVARY CHAPELTREASURE VALLEY INC. A parcel of land as shown on Record of Survey Number 2880,recorded as Instrument Number 94050954,records of Ada County,situate in a portion of Government Lot 3,Section 4, Township 2 North,Range 1 East,Boise Meridian,City of Meridian,Ada County,Idaho,being more particularly described as follows: BEGINNING atthe North Quarter Corner of said Section 4(from which the Northwest Corner of said Section 4 bears South 89`55'28"West,2651.66feet distant); Thence on the north/south midsection lisle of said Section 4,5outb 00"37'05"West;1356.13 feet; Thence leaving said north/south midsection lime and wi the soulhurlyand westerly boundary of said parcel shown on Record of Survey Number 2880,South 89"59'56"West,21Ab feet; Thence North 28"52'16"West,82.77 feet; Thence North 34"04'12"West,1543,37 feet to a point on the north section line of said Section 4; Thence on said north Section line North 89"56'28"East,943.00 feet to the POINT OF BEGINNING The above described parcel contains 14.87 acres,more or less. PREPARED BY,, The land Group,.Inc. '01,LA P drr F OF-to l:lf/99�Zt12tF Page 289 Item#24. F EAST UKE HAZEL ROAD N114,CORNER SECTION Q RM! ig RIIN N89'Sfi'2$°E 9�t3'O FIw RJW M"56 28'Vt' Nt^I CORNEI; 1745." CALVARY CHAPEL TREASURE VALLEY INC. SECTION A 4 3727 E.LAKE HAZEL RO, 1.2N.,R.1 E.,R.fA_ AM'S1+10421.2485 M ANNEXATION AREA AREA:±14.87Actes. 0 a aa, .3 t r.�tiglztrac� N28°52'1 W 82,)56T,' 21,DD'4 NS3"59' E 't. Exhibit"B„ 0 250' 5AE1 u DaLs W l:saanec:Fo�uar{19,2tl2a MTHE Calvary Chapel Treasure Valley Inc. Elf T .AND Annexation mmi-MGROUP Page 290 ttem#24. EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW d/(El�ty AND DECISION & ORDER In the Matter of the Request for Annexation and Preliminary Plat for Poiema Subdivision,by Dave Evans Construction. Case No(g). H-2020-0035 For the City Council Hearing Date of: August 11,2020(Findings on August 25, 2020) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of August 11,2020, incorporated by reference) 2: Process Facts(see attached Staff Report for the hearing date of August H,2020, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of August 11, 2020,incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August It,2020,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code(I.C. §67-6503). 2. The Meridian City Council lakes judicial notice of its Unified Development Code codified as Title I I Meridian City Code,and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of August 11,2020, incorporated by reference.The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Poiema Subdivision—FILE#H-2020-0035) - I - Page 291 Item#24. reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that; 1. The applicant's request for Annexation and Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of August 11,2020,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat,combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two(2)year period.Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Poiema Subdivision—FILE#H-2020-0035) -2- Page 292 Item#24. City Code Title I I(UDC 11-5B-617). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-651 IA. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved,said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis l. The Applicant is hereby notified that pursuant to Idaho Code 67-8003,denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing,and must be filed with the City Clerk not more than twenty-eight(28)days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521,any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52,Title 67, Idaho Code. F. Attached. Staff Report for the hearing date of August 11,2020 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Poiema Subdivision—FILE#H-2020-0035) -3- Page 293 Item#8. By action of the City Council at its regular meeting held on the 25th day of August 2020. COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E.Simison Attest: Chris Johnson City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 8-25-2020 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Poiema Subdivision—FILE#H-2020-0035) -4- Page 338 Item#24. Exhibit A STAFF REPORT E II3IAN COMMUNITY DEVELOPMENT DEPARTMENT HEARING 8/11/2020 Legend T DATE: ® Project Location TO: Mayor&City Council ' FROM: Joe Dodson,Associate Planner ='` T Ii r:.fllEf. F SUBJECT: H-2020-0035 Poiema Subdivision LOCATION: The site is located at 3727 E. Lake Hazel f f F Road, in the NE '/4 of the NW '/4 of Section 4,Township ZN., Range 1 E. I. PROJECT DESCRIPTION Annexation &zoning of 14.87 acres of land with an R-15 zonjng district and preliminary plat consisting of 48 building lots and b common lots,by Dave Evans Construction. Note:Staff received updated plans late into the review process. These plans have been analyzed to the best of Staf,j`''s ability given the timeline but fends them to be in better compliance than those originally submitted Much of the analysis within this report is based on the new plans and the exhibits within this staff report have bee►i updated to reflect this. H. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 14.87 acres Future Land Use Designation Medium-High Density Residential Existing Land Use(s) Vacant Proposed Land Use(s) Residential and future Religious Institution(Church) Lots(#and type;bldgJcommon) 48 total lots—43 single-family residential; I lot for future Church building site;and 4 common lots. Phasing Plan(#of phases) Proposed as one(1)phase. Number of Residential Units(type 48 total units-33 single-family attached units;and 15 of units) single-family townhome units. Density(gross&net) Gross— 7.5 du/ac.;Net— 10.75 du/ac. Open Space{acres,total 1.08 acres total,0.75 qualifying open space(or approx.. [%]/buffer/qualified) 11.7°/a qualified] Amenities I amenity—Water feature with seating Page 1 Page 295 Item#24. Exhibit A Description Details Page Physical Features(waterways, Ten Mile Creek runs along the western boundary but is not hazards, flood plain,hillside) on the subject site.Part of the site resides within the 100- year iloodplain zone. Neighborhood meeting date; #of December 15,2019—3 attendees attendees: History(previous approvals) NIA B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes,/no) Draft Report section V1I1.H • Requires ACHD Commission No Action(yes/no) Access(AtteriallCollectorslState Proposed access is off of E. Lake Hazel Road,an arterial. Hwy/Local)[Existing and Proposed) The proposed access is via a new public local street. ACHD is allowing a modification to their district policies to allow this access as there is no other lesser classified street available. Stub StreedlnterconnectivitylCross A new stub street is proposed to the adjacont property to Access the west fiotn the proposed local street noted above,This access is approved by ACHD as noted in their staff report. Existing Road Network E. Lake Hazel,an arterial.is existing with 2 travel lanes. Existing Arterial Sidewalks 1 No Buffers Proposed Road Improvements Applicant is not proposing to improve E. Lake Hazel as it is scheduled to be widened to 5 travel lanes by ACHD in 7074. Fire Service • Distance to Fire Station 3 miles from Fire Station#4 ■ Fire Response Time Pwt of the proposed development falls within the 5 minute response time goal. ■ Resource.Reliability 7V,0(below the target rating of 80%) s Risk Identification Risk Factor 2—Residential with hazards;current resources would not be adequate to supply service to this project due to nearby waterway if an emergency were to occur. ■ Accessibility Proposed project moots all required access.road widths, and turnarounds. The project will be limited to 30 homes until the entire emergency access along the western boundary is constructed. Police Service • Distance to Police Station 5.5 miles ■ Response Time Goal of 3-5 minutes • Accessibility MPD has no concerns with access into this development; the MPD can service this development if approved. • Additional Comments There is no call data in this area because the proposed development is at the edge of City Limits. Between March 2019 and March 2020,MPD responded to 7 calls for service within one mile of this proposed development. The crime count on those calls was one(1). Page 2 Page 296 Item#24. Exhibit A Description Details Page Between March 2019 and March 2020,MPD responded to 9 crashes within l miles of this proposed development. West Ada School District • Distance(clem,ms,hs) No comments submitted at this time. e Capacity of Schools ■ #of Students Enrolled Wastewater • Distance to Sewer Services NIA • Sewer Shed South Black Cat Trunk Shed • Estimated Project Sewer Sec application ERU's • W RRF Declining Balance 13.92 ■ Project Consistent with W W YES Master Plan/Facility Plan • Additional Comments Flows have been committed No sewer mains in common driveways Applicant to provide"to and through"to property to the west. Water • Distance to Water Services 710 feet • Pressure Zone 5 • Estimated Project Water Sec application ERU's • Water Quality Concerns None . Project Consistent with Water YES Master Plan ■ Impacts/Concerns The water main extension in Lake Hazel is currently shown in the wrong corridor,the water main should rcrnain north of center line instead of being moved south of center line. Also,the water main in Lake Hazel needs to be a 12", not an S" as currently shown. We prefer to have a rnain stub or service line(whichever is needed)to the future church lot to eliminate cutting the new road in the future. Page 3 Page 297 Item#24. Exhibit A C. Project Area Maps Future Land.Use Map Aerial Map Legend MU-W 0 Legend . • �'- i,,...s MProjec#Locaticar, Project Location T9 Medium Density �• = _ �` - -- Residential Med-High Densit} ` Residentia. k � I ri +r• Zoning Map Planned Development Map r 'J Legend RUT C-N 0 Legend 0 Project Location ;iProject Location G . City Limits x R4u Planned Parcels ;• fu' ' ! H�L_�r_: r RUT R-15 :.l$,h;IT J ,T` �r - _ g.4 R-2 RUT _ - R4; �. --- - III. APPLICANT INFORMATION A. Applicant: Dave Evans Construction—7761 W. Riverside Drive,Boise,ID 83705 B. Owner: Calvary Chapel Treasure Valley, Inc.—9226 W. Barnes Drive, Boise, ID 83705 C. Representative: The Land Group—462 E. Shore Drive,#100, Eagle, ID 83616 Page 4 Page 298 Item#24. Exhibit A IV. NOTICING Planning& Zoning City Council J Posting Date Posting Date Newspaper Notification 5/29/2020 7/24/2020 Radius notification mailed to properties within 300 feet 5/26/2020 7/2I/2020 Site Posting 6/8/2020 7/31/2020 Nextdoor posting 5/27/2020 7/21/2020 V. STAFF ANALYSIS A. Future Land Use Map Designation{Izttps:llww-wvw•.rner-idiancify.or• 1�compplc►n) Medium-High Density Residential—This designation allows for a mix of dwelling types including townhouses,condominiums, and apartments. Residential gross densities should range from eight to twelve dwelling units per acre. These areas are relatively compact within the context of larger neighborhoods and are typically located around or near mixed use commercial or employment areas to provide convenient access to services and jobs for residents. Developments need to incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and should also incorporate connectivity with adjacent uses and area pathways,attractive landscaping and a project identity. The proposed annexation area lies at the edge of the Cite:s area of bnpact on the south side ofE. Lake Hazel road, app•a_rirnately Z mile east of Eagle Road. There is existing Citt,of Meridian zoning direetla,across Lake Hazel to the north but no other existing Meridian Zoning is adjacent to the subject site. There is a golf course direclly to the east of this propert}?, within, the Cihy of Boise. Despite minimal existing zoning direct1j,to the nest and southwest of this site, the City is c•urrentlr•processing multiple projects in this area, as seen in the Planned Development Map above. This project, rf'approved, .should blend in well with these adjacent developments. The proposed land use of attached single-family residential and townhome units {per-the revised site plan} is consistent with the Fieture Land Use Map (FLUM)designation defirzition.s for Medium,High Density Residential(1LfHDR). MHDR requires a densit}-of 8-12 units per acre. The Applicant has proposed a project with 7.5 du/ar with,their updated plat and the comprehensive plan allows jar rounding oj'densitt,. Because af'lhe proposed product ttpe and the difficult,shape of the property to begin with, Staff supports•rounding the proposed densih)of 7.5 dulac to the required 8 dulcac per the provisions in the comprehensive plan. In additio►,to the proposed residential use an this site, the applicant is reserving a building lot fo►•a figure church site; a church is a conditional use within, the proposed R-15 Zoning district. The residential portion of'the site consists of'approximately 7.5 acres (including the right oj'w'Ry) and the future church lot is approximately 7 acres. This application does not include the conditional use permit application,for the church lot;that use will he analviced with the f utaa e conditional use permit submittal. The City may require a development agreement(DA)in conjunction with an annexation pursuant to Idaho Code section 67-6511 A. In order to ensure the site develops as proposed with this application, Stuffrecommends a DA as aprovision ofannexalion with the provisions included in Section 1711.A 1. The DA is required to be signed by the propertlr owners)/developer and returned to the City within 6 months of the Council granting the annexal ion,for approval b_v City Council and subsequent recordation. Page 5 — Page 299 Item#24. Exhibit A B. Comprehensive Plan Policies (htips:llwwuj.tneridiattciti,.ore compplart); The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City"(2.01.01G). The proposed R-15 zoning and proposed land use of single fitn2ity attached and townhome residential is tin extension of some of the housing products recently approved nearby and some of the housing proposed on the adjacent site to the west. R-15 zoning and attached single- homes are not abundant in the immediate area at this time but if this project and the adjacent project to the west are approved, this type of housing would make up a,fair portion of the housing options in this % mile area. A vast ntajorily of the housing vvithin a►rile of this site is detached single familir residential. So, adding 48 units of a different product ttpe to the area helps meet this comprehensive plan policy. "With new subdivision plats,require the design and construction of pathways connections, easy pedestrian and bicycle access to parks, safe routes to schools,and the incorporation of usable open space with yual ity amenities"(2.02.01 A). The Ten Mile Creek runs adjacent to this properot on its western boundart,but is not on the subject site. Because of this, there is no multi-use pathwav proposed on this property. However, the project that Staff is also processing for the adjacent property;to the west is constructing that multi-use pathway. Because of the proposed internal stub.street Kith attached.sidewalks with this development, there should be adequate pedestrian connection to the tnulti-ttse pathway on the adjacent parcel. With a connection to the pathway, residents within this development will have greater pedestrian and bicyclist connection to the north to Hillsdale Park and the Hillsdale YMCA. The largest area ref open space proposed with this development is expected to be shared betvveen the residences and the_/uture church?site. That common open space lot is proposed to be approximately 15,000 square feet in size and offer a relativeh,large open area for residents and churchgoers to use. Because the lot is relatively large and open, it is more usable than open space that may be qualifying but is usually dispersed throughout the development.. Staff supports open space that is in this more usable,format. The other open space in this development abuts the Ten Mile Creek and the proposed toKnhomes: this area should offer additional visual amenity to the development and those townhomes.specifically. In addition, this Opel?space area near the creek and the cul-de-sac will contain a water feature and seating area for the residents. Again, q&ring usable open space and an amenity for-the proposed community. For the size of this site, Stuff finds the proposed open space is adequate in size. "Reduce the number of existing access points onto arterial streets by using methods such as cross- access agreements,access management. and frontagelbackage roads,and promoting local and collector street connectivity"(6.01..02B)..Due to the odd shape of this pat-eel, strict adherence to ACHD rind City policies regarding access points to arterial streets was not f easible. The Applicant has proposed the main access into this development as far east on their parcel as possible. Because of this,ACHD has agreed to rood;fig thei►-polio'to alloiv.1br this additional access onto E, Lake Hazel. This Applicant is also proposing a stub street to the vvest.for future local street connectivity which sets up future development to the west and south to minimize their potential accesses onto arterial in the area. "Annex lands into the corporate boundaries of the City only when the annexation proposal conforms to the City's vision and the necessary extension of public services and infrastructure is provided,"(3.03.03)• The proposed development and uses adhere to the vision established btu the trnderlvittg future land use designation. Attached.siugle-family and townhotnes are permitted uses and a Church is a conditional use in the R-15 zoning district. In addition, all irt_frastrueture extensions will be paid for by the Applicant and not the taxpayers. Page 6 Page 300 Item#24. Exhibit A "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00). The proposed single fanuh1 residential development is compatible with other residential and agricultural uses in the area; the facture Church development should be compatible vvith nearb'v uses as well. In addition, additional residential units built at this density be compatible with the a isting golf course use on the parcel directly to the east. Staff frr:ds this development to be generally consistent with Comprehensive Plan policies and objectives. C_ Existing Structures/Site Improvements: There are no existing structures on the subject site and no site improvements are.known at this time. D. Proposed Use Analysis: The proposed use is attached single-family residential and townnhome single-family residential: both types of residential dwellings are listed as principally permitted uses in the R-15 zoning district per UDC Table 1 l-2A-2. Part of the property(along the western boundary) Iies within the I00-year fioodplain boundary. The Applicant is currently awaiting the results of a floodplain study to determine the types of constraints and/or possibilities of reducing this boundary area. See Public Works comments for further requirements of the site. E. Dimensional Standards(UDC 11-2); The proposed lots along the eastern boundary and the public streets appear to meet all UDC dimensional standards per the submitted preliminary flat.This includes property sizes,required street frontages,and road widths. The revised preliminary plat submitted by the Applicant shows townhomes off of a private alley. It is the understanding of Staff that ACH❑has not yet given comments on the precise location of this alley but are generally supportive of it. Per the revised plat, all lots appear to meet UDC dimensional standards for the R-15 zoning district and attached single-family unit type. In addition, all subdivision developments are also required to comply with Subdivision Design and Improvement Standards(UDC 11-6C-3). There is one (1)common driveway proposed and such driveways should be constructed in accord with the standards listed in UDC 11-6C-3D. If any common drives are proposed, an exhibit should be submitted with the final plat application that depicts the setbacks,fencing, building envelope, and orientation of the lots and structures accessed via the common driveway; if a property abuts a common driveway but has the required minimum street frontage and is taking access via the public street,the driveway should be depicted on the opposite side of the shared property line from the common driveway. F. Access(UDC 11-3A-3); Access is proposed via a new local street into this development from E. Lake Hazel Road.The Applicant is also proposing a stub street to the west for fixture local street connectivity. For these areas, all dimensional standards appear to meet UDC requirements. Because the stub street to the west will likely lead to nowhere at the titne of this development, the Applicant will have to provide can emergency only access. The Applicant is showing on their master plant (as shown in Exhibit VII.B) a 20-foot wide ernergencv on1v access front the stub street that rains along the western properhl boundary and connects to E Lake Hazel. ACHD and Meridian Fire Department have granted their approval oaf this emergency access. Without this Page 7 Page 301 Item#24. Exhibit A access, this property will be limited to no more than 30 homes until such time that the emergency access is constructed. To rentediate this, Staff is•recommending the emergency access is built prior to the Applicant receiving any building permit approval. Stuff is supportive of this emergencv access but does have concerns on what its future use will be once the stub street to the west connects with the adjacent subdivision and offers the required secondary access. The Applicant has not discussed the fixture plans for this accesswith Staff but the submitted master plan depicts the church site using this emergency oniv access as a way to drive from one.side of the church to the other,f'or ease of access and emergency response. So long as this road is not used,for•parking while this road is meant,for emergency access, Staff finds no concerns with this. Once the emergency access is not needed, howeve►, StaJJ'recorrtrnends the Applicant-fork with ACHD to keep the road.far the church site to gain an additional access point, albeit limited. The revised preliminary plat shows a private alley that connects to the future western stub street and the proposed cul-de-sac. As stater!above, Stgffis unaware gfACHD's_fornnal approval of this location but has also not been given notice of its denial. The Applicant should continue working with ACHD to ensure the location oJ'the alley meets all ACHD requirements. The proposed allt�vway is shown as 20 feet wide which meets UDC and Fire requirements; the alleyivav will be deemed as a no parking Pone for its entirety. Siq f supports this all- lvwr{,v and the alley loaded type of home,for this development. G. Parking(UDC I1-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table I1- 3C-6 for single-family detached and attached dwellings based on the number of bedrooms per unit. Future development should comply with these standards.No parking plan was submitted with the application. The proposed street sections(33-feet wide) of'the local streets within the development,shown on the submitted plat,accommodate parking on both sides of the street where no driveways exist. The allupvayfor the alley-loaded homes it-ill be required to be labeled as "No Parking." Each townhome will be required to meet the off-street parking standards and Stajfencour•ages the developer of this site to include provisions within their HOA bylaws that prohibit garages being used as storage. This would help alleviate some of the parking issues seen throughout the City. Parking requirements for the fixture church site will be reviewed with the f eture conditional use permit application. H. Pathways(UDC 1 L-3A-8): No multi-use pathways are proposed or required with this development because the master pathways plan shows a multi-use pathway along the opposite side of the Ten Mile Creek on an adjacent parcel.This Applicant is proposing attached sidewalks along all local streets that will connect to this future inulti-use pathway as the property to the west develops and the proposed stub street is extended westward. These sidewalks should help improve pedestrian and cyclist connectivity from this development to other services within a mile. L Sidewalks(UDC 11-3A-17): Five-foot attached sidewalks are proposed along all internal local streets.There is no existing sidewalk along E. Lake Hazel Road and Lake Hazel is expected to be widened in 2024 according to ACHD, as stated above. Detached sidewalks are required along arterial roadwaa;s per UDC 11-3A-17. The Applicant has already agreed to dedicate additional right of wav to ACHD.for the fixture widening oj'Lake Hazel, Therefore, Stayj`'is recommending that the Applicant construct at Page 8 - Page 302 Item#24. Exhibit A least a 5 foot detached sidewalk within the required landscape buffer along Lake Hazel, outside of the ultimate ACHD right of way. J. Landscaping(UDC 11-3B): A 35-foot wide street buffer is required adjacent to E. Lake Hazel Road because it is both an arterial roadway and noted as an entryway corridor. This buffer should be landscaped per the standards listed in UDC 11-3B-7C and placed into a common lot that is at least 35-feet wide;this common lot should also contain the detached sidewalk required along all arterial roadways. The submitted landscape plan depicts a 25-foot vide karzdsccrpe burlier, the correct number of trees appear to be shown on the submitted landscape plans (see Section 1111.D). The Applicant shall be required to submit revised plans depicting the correct size landscape buffer along E. Lake Hazel. In addition, the improvements required outside of the ultimate ROW should be constructed prior to receiving building permit approvals. The submitted open space exhibit does not count this bti&r area as quad{fled open space,for the residential development because only a small Portion of this buffer abuts the f uture residences. Nor malli,, half of'this area would count towards qualified open space. Staff believes the required landscape buffer and detached sidewalk.should be constructed with the residential development and not the church site. Therefore, 5taf f is recommending a condition o f approval to complete the f ontage improvements prior to receiving build►.'ng permit approval and revise the open.space exhibit to.show this area on the open space exhibit to give a more complete open space calculation. Common open space is required to be landscaped in accord with the standards listed in UDC 11- 3G-3E. The total square footage of common open space are included in the Landscape CalculationslRequirements table along with the required number of trees to demonstrate compliance with UDC standards but huts Plot been updated to depict the new layout. Stuff recommends the Applicant submit a revised landscape plan at least ten (10)dal s prior to the City Council hearing to show the new layout and match the other revised plans. Also shown oil the landscape plan is an area directly to the west of Lot 34, Block 1 that is within the Ten Mile Creek easement. This area of the development is not open on both ends and does not offer easy visibility.,. Staff is concerned with potential safety and crime issues in this small area. UDC 11-3G-3D.3 states that "common open space shrill be located in areas of'high visibility to avoid hidden areas and corners... " This area is not quali ing open space because it is not open on both ends but it is still common open space and must adhere to these standards. Therefore, Staff is recommending a condition of approval that this area he part of'Lot 34, Block I to alleviate this potential safeo,issue. In addition, the Applicant is proposing an additional 8 trees in order to mitigate trees that are being lost with lire development ol'this site. This note is stated oil the submitted landscape plan. K. Qualified Open Space(UDC 11-3G): A minimum of 10%qualified open space meeting the standards listed in UDC 11-3G-3B is required. The proposed future Church site is not required to meet open space standards. Therefore, the required qualified open space for this development shall be based upon only the portion of the property where the residential use:is proposed. According to the Applicant,the residential area is approximately 6.05 acres. Based on this size,the Applicant should supply at least 0.6 acres of qualified open space, or approximately 26,000 square feet. The applicant is proposing 1,08 acres of open space, of which 0,75 acres is proposed as qualifying open space, State'has concerns with one area of this open space and its eligibility to qualify. The largest common open space lot is approximately 15,000 square feet and sits behveen the proposed residences and the future church site. It is the intention of the Applicant that this open space lot would serve as open space,for both the residential part ofthis development and.for the Page 9 - - Page 303 Item#24. Exhibit A children attending thefuture church site. Again, the church site is not required to have open space but Staff understands the desire to share this space in the,fixture. To ensure this open space lot stays with the residential development and is used by the residences, it should he made clear that the fixture homeowners association is to oivn and maintain this lot, and not the church owner. hi addition to this common open space lot, the Applicant is proposing open space around the cul- de-sac that terminates at the southern end of the development. This area is proposed to contain a vvater feature and,seating area for residents to er jov. Part of this open space also rusts within the Teti Mile Creek Easement and creates a small "green-way",from the western stub street and track into this water.feature area: this proposed area is quali f i°ing. The Ten Mile Creek.and this "green-way"can be ittilized far both open space and offer a great green space for the proposed tou,nhontes to front on. Staff is concerned the proposed torienhomes front o ff'of'the allele,and the Applicant is missing an opportunity to give those fitture homeowners along the creek an additional green space area. Because of this, Staff is recommending a condition of approval that the townhornes front toivards the green.space and trot on the alley. 4n the revised open space exhibit(Section VII.E) there is an area less than 5,000:square feet located beliveen the alley and the local street. UDC requirements state that in order far this area to be qualifying it roust he at least 50'by 100'in dimension. Staff uses their discretion irhen the open space area can meet the 5.000 square_faot area requirement but nzay not meet the precise dimensions above. In this case, this area meets neither of these benchmarks and Staff believes it is not quali(ring open space. With this area removed from the open space calculations, Staff'has calculated that the qualified open space.for the site is approximately 0.64 acres, or approximately 10.57%. The proposed open space still meets UDC minimum requirements and Staff finds that the open space with the water feature and the large open space lot in the center o_f the development are sufficient for the number of homes proposed in this development. The required landscape buffer along E. Lake Hazel.should be shown an the open space exhibit even though it is not qualijving open space. As stated above, Sttff'recommends these improvements be completed with development of the residential portion of'the site. The open .space exhibit.should be revised to short,this area to give a more complete picture of add open space on the site in accordance with UDC 11-3G-3. L. Qualified Site Amenities(UDC 11-3G): Based on the area of the proposed plat(approximately 6 acres for the residential component), a minimum of one (1)qualified site amenity is required to be provided per the standards listed in UDC 11-3G-3C. Even if the amenities were based on the entire 14 acre parcel,one(1)qualified site amenity would still be required. The applicant has proposed one(i)qualified amenity; a seating area with a water feature located at the end of the new local street.This water feature shows a small fountain and boulders that also flows into a small stream channel. The proposed amenity,meets the minimum UDC requirements and Staff finds it to be a nice atnenity for the community. M, Fencing(UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC I 1-3A-7. Fencing is shown on the landscape plan but is not made clear as to what type of fencing it is. Fencing shown next to any open space shall he open-vision or semi-private fencing per UDC requirements. This fencing requirement applies to the area of the property that abuts the Teti Mile Creek. The Ten Mile Creek itself is not located on this site bill its easement does. Ten Mile Creek is to remain Page I0 Page 304 Item#24. Exhibit A open as this Applicant does not have rights to it. The creek should be protected during development on this site. N. Building Elevations{UDC I1-3A-19 1 Architectural Standards Manual}: The Applicant has submitted sample elevations of the attached single-family homes for this project(see Section VII.G). The submitted elevations show all single-story attached structures ivith 1",o-cargrarages and similar finishi►ag materials af'.stucco, masonn,, and wood. In addition, the elevations show both shed roof and traditional pitched roof designs. The Applicant has not stated there ivill only be single-story attached structures. StaJJ'has also not received updated elevations far the toK,nhome style product. The suhrnitted sample elevations appear to meet design requirements far single- fonrily hones. Because the proposed local street running north-south is straight and relativel'v long, Staff is recommending that inure homes are built across varving setbacks to provide variation along the street and help ensure there is not a monotonous wall plane of homes along this street. Attached and townhoine single-frrrrailV residential require design review approval prior to building permit submittal. This requirement gives staff the opportunity to revieu,the site plan and ensure compliance with the above rioted recornnrendation. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and zoning with the requirement of a Development Agreement and approval of the requested preliminary plat with the conditions noted in Section V11LA per the findings in Section IX of this staff report. B. The Meridian.Planning&Zoning Commission heard these items on June 1.8,2020. At the public hearing,the Commission moved to recommend approval of the subject Annexation and Preliminary Plat requests. I. Summary of Commission public hearing; a. In favor: Tamara Thompson,Applicant Representative; Daryl Zachman, Pastor of church to be developed in the future. b. In opposition: None c. Commenting: Tamara Thompson, Daryl Zachman d. Written testimony.None e. Staff presenting application: Joseph Dodson f. Other Staff commenting on application: Bill Parsons ?. Key issued of public testimony a. No issues—Daryl Zachman commented on location of shared open space and the temporary emergency-only access along the west boundary. 3. Key issuetsl of discussion by Commission. a. Removal or modification of Staff condition 3.B and the feasibility of either outcomes lam. Location and size of the large common open space lot shared between the future Church site and this preliminary plat; and issue of who will own and maintain this shared open space lot c. Whether this plat should be combined with the future conditional use permit required for the Church site and how the two projects will function together; d. Wants Applicant to look at some sort of netting to prevent broken windows from the adiacent golf course. 4. Commission change(s)to Staff recommendation: Page 11 Page 305 Item#24. Exhibit A a. Modify condition 1.F to include language that jqqqj[qLjk future HOA and the Church enter into a use agreement to ensure perpetual maintenance of the common open space located on Lot 2, Block 2; b. Remove condition_3.g from the staff report. 5. Outstanding issues) for City Council: a. Apnlirant has not submitted any information on the netting that Commission wanted them to discuss internally;Council should discuss whether they want to condition netting along the eastern houndM or not. C. Thc-Meridian City CQuacil-heard_thcse_itclxts_oriAup%t_i the C Qun c K m-Qi&d t4 app_roye_th"-uhiec_t_Annuxatiion and Prefirn Pit rem est . i_, Sumniaaof the-_C ity Couadd.D-ublic-�ari�� a. In fix Tamam-Th-oixapwn.-TUlmd-Gw .(App -ant p.1 K.ti Eit gerald. b, In opposition- Annette Alonso,Southern Rim Coalition c_ CDM=Mting;_TM_rk=T om son_AnnM-AlonsU.a-«d-Kit_Filzgm d. W 'it&nd mony Nouc g, Styr n n�agplic dos h s n C nt v ociate Planner f. Othor-Staff commenting on-applic-atiaw,N-Qrtc T ?, kcy issues}of public lutimoDy; a. Open space location; lmsky-jr,n;fix hi�area of the Citvs c, RoadS�nrl liiyity_to future 0-__'ec - -to -�h�c;� d. School enrollment and cap itacity+. 3= K�js�uet^si f dis�iurt-byCy-C-oancil: a. Guest_ aka rking and where that cold occur ansite,specif tally f�r_the tawnhome units; b: Ex ect _demo2raDhic of homebbe5 in this neiahborhoodrested to how it might offe�t_ncar�y_Sch��LctucWn��Ltttatis�lr_c�dy�u�.�u�; --- -- -- r. Whether thragis a ne tczadd a Gondijonforgett Lg Alnng homey aw tha f course to the east as requested by the Commission or if it shouldbef tniduaodv h=cQwBM_QahQwIhu wsauld likes mitigate any fut=15'auO �-- 4. ON Council ciae(sl to:Commission recommendation: Page 12 Page 306 Item#24. Exhibit A VII. EXHIBITS A. Annexation Legal Description and Exhibit Map ANNEXATION ZZj �jT HE r s, LAND Page 1 OF 1 GROUP February 19,2020 Project No.. 119022 ANNEXATION CALVARY CHAPEL TREASU RE VALLEY INC. A parcel of land as shown on Record of Survey Number 2880,recorded as Instrument Number 94050954,records of Ada County,situate in a portion of Government Lot 3,Section 4, Township 2 North,Range 1 East,Boise Meridian,City of Meridian,Ada County,Idaho,being more particularly described as follows: BEGINNING at the North Quarter Corner of said Section 4(from which the Northwest Corner of said Section 4 bears South 89*5628"West,265 1.6 6 feet distant); Thence on the north/south midsection line of said Section 4,South 00'37'05"West,2356.13 feet; Thence leaving said north/south midsection line and on the southerly and westerly boundary of said parcel shown on Record of Survey Number 2880,South 89'59'56"West,21.00 feet; Thence North 28°52'16"West,82.77 feet; Thence North 34'04'12"West,1548.37 feet to a point on the north section line of said Section 4; Thence on said north Section line North 89`56'28"East,943.00 feet to the POINT OF BEGINNING The above described parcel contains 14.87 acres,more or less. PREPARED BY: The Land Group,Inc. L LA 0 P. 13' p tcFIQ A.s. t+�I�gl�t�zt Page 13 Page 307 Item#24. Exhibit A r N .FAST LAKE HAZEL ROAD N1/4 CORNER SECTION 4 T.2N.,R.1 E.,B.M. - - - (BASIS OF BEARING) i _POO RJW WN+ NB9°56'2B'E 943.00'R/W RJIN NW CORNER j$fig6 8"w CALVARY CHAPEL TREASURE VALLEY INC. SECTION 4 3727 E.LAKE HAZEL Rd, 1.2N..RA E.,B.M. APN:81404212435 >n m_ ANNEXATION AREA AREA: 14.87 Acres. Y IA �x-, &\ �pL LAN °>> �GENS `S'G A a 13 � Oro r ' qRL S. f'?I19/2C170 N281521161W 82.77' N89°59'56'E 21 M' E + Exhibit"B" o Aso' Soa Horizontal Scale:1 =2MY Noiecl k.:119022 oefu ul Issuance:FeUmfy 10.202a WI OR` THE Calvary Chapel Treasure Valley Inc. •— ry LAND Annexation o �--GROUP �- Page 14 Page 308 Item#24. Exhibit A B. Master Development Concept Plan xx w IN s$ j •� ,k ti j l � I � I Y � M m O z'A 4 ' L N ' 6 Page 15 Page 309 Item#24. Exhibit A C- Original Preliminary PIat(date: 4/15/2020) � kl- i - ----- -- -X-------- -- ---------- ;i a h hh ��; by a• -�- � a-�� A y� h _ gk p am _ al 97 It i k N 1 r� �tj r i+ POIEMA SUBDIVISION Gs .� EW WMRK IAKF HAIFI ROAl7.MERIDIAN ID s LOT PIMENSIONS YA:N6fe'. Page 16 Page 310 Item#24. Exhibit A D. REVISE❑ Plat(dated: 06 r'�07/30/2020) 1------- -4--,y_— -- -- -- - iz iI y F p pI 7led, iq g1 x �y 4 Y ,y II 1 p PDIEMA SL]BDIVISIQN t ! C^9W n TE�a 7777 F IA2F HAM ROAD.MERIDIAN.I I'. __ I o LOT DIMENSIONS r �ww+•q�• Page 17 Page 311 Item#24. Exhibit A FZ yy S -'-a.�F�� lir -' "R � __�I .� 'r r.-[!_n�;�ya r_�T1�_-'• � ' rt �nTF-��ti¢�•�Tr`��` F� I -III 7- -N. 4 r �� �� '�� �• _ 1. AN ��•,� J. J 1 . I at•�� �`� r -- 3L tl "' A 1 I 1��5 � � T OIYIL 4 POIEMA SUBDIVISION 31 wrTikws ' -W t }� "V E.LAKE HAZEL ROAD.MEKIDIAN.IU 3 •.,� �3 CONCEPT UAL ENGINEERING PIIAN ='� } ' Y{-u n - uR Y Page 18 Page 312 Gm»+ Exhibit A E. Open Space Exhibit(dae60 u�n,n&Ugust2020 �----������-�-- -- - - �--�j-� - - � L4 .� / \ , �§ ■ �. k§ §§ k § k q A m / - » - Z § / k K % z 7 ' § % / �q / Z �f | � � z �.,�. E § $ ' kz \ rn K N . | § � � t ■ k g !9 �7 9a Item#24. Exhibit A F. Landscape Plan(date: "'3'�08/03/2020) w f i •pl � ''fir-►` 9 E �3'S•�g ����{ ss 8=�-}yaE n51 ! Cp x F F 7-7 "• r„ ` PIfIEMA IUBBIVISIOH ism . g= nave Evans Construction lit � � i1�1r,14 MA#4P C m - Page 20 Page 314 Item#24. Exhibit A r� ME • .•.••,• �LANO GROUP .rSS'•f i.: .Y} •..C`' n -_ _ - _ wl.ir�........�:`mot.: I !!!r Femurs(lode Inlargenenr ..-.�.. L Prellmliary Plat-Landscape-Aria R LA2• �-P7EdA,TCMK ^T— _�t - - - PCOE W.'A• s. ! „5,�„•1 SA76Yf Ct1Ald1�n I i Water Feature Node Enlargement Xsrun>E GrJ�- r=1C! Page 21 Page 315 r ,y e 111 u r Item#24. Exhibit A low _ P i Z�E.wti(:azx.Ja� Page 23 Page 317 Item#24. Exhibit A V1I1. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance,a DA shall be entered into between the City of Meridian,the property owner(s) at the time of annexation ordinance adoption,and the developer. Currently,a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the submitted and revised plans and conceptual building elevations for the attached single- family and townhome dwellings included in Section VII and the provisions contained herein. b. The Applicant shall comply with the ordinances in effect at the time of application submittal. c. Direct lot access to E. Lake Hazel Road shall be prohibited. d. The entire frontage improvements along E. Lake Hazel Road shall be completed with the first phase of development. e. The proposed townhome units shal I front on open space and not on the alleyway,especially those units facing the Ten Mile Creek, f. Lot 2, Block 2 shall be a non-buildable lot in perpetuity owned .,Ra m wainea and flet Owned and Maintained by the 4tiufe C-hul and the Church and future homeowner's association shall enter into a use agreement to ensure continued maintenance of this lot. S building elevations of flie proposed townhome w3its 3 Ten(1n)days p ,.to .he City Council hearing the The rcyise_d_preiiminary plat included in Section V ILCD,dated n" 5"02 Jul -30,2020, is apnro�ed as mlb-mitts a-: zixd a note prohibiting d-ire'! !at access via E. Lake Hazel Road-. , adding i!tB this !at and removing it&afn any eemn�wn l6t t8 eliminate a potential sa" na ffie i -a e. Coordinate with theACHD and Staff on the final position of!he pr-Oposed alleyway fi3 Page 24 — Page 318 Item#24. Exhibit A proposed" i saf�ty kit this intafseetion-_ 4. Ten r l0'drys prior-to the,Citz,Council hearing the The_rev_ised landscape plan included in Section VI1,F,dated ne 042020 August 3, 20 C}, �'��� e._`� oa S1�•" 15 approved. a. standards sted in U DC ] ^� I-, b. Ohafiges in landseape ealeulatioRs shall also be r-efleeted in the ealeulatimis table. c. Gai-r-eet the landseape buffer a!eng.E. Lake Hazel to shew the i-equir-ed 35 feet b, width in aceordance with the dimensional siandards for R 15 zoning distriet, UDC 11 2 ter 5. , the open spaee exhibit ineluded in Seetion V!1,9 slial 1 be revised to skew the r-eqW i-ed 3 5 feet landseape bti�F along Fi �,ake 14 we!and show this area in the calculations iable 6. Future development shall be consistent with the R-15 dimensional standards listed in UDC Tab]e 11-2A-7 for all buildable lots. 7,. Off-street parking is required to be provided in accord with the standards listed in UDC Table l 1-3C-6 for single-family dwellings based on the number of bedrooms per unit. K_ Staff recommends the Applicant work with ACHD on allowing the emergency only access as an additional access for the church site after the parcel to the west develops and provides a secondary access into the development. 9.. An exhibit shall be submitted with the final plat application that depicts the setbacks, fencing, building envelope, and orientation of the lots and structures accessed via the common driveway; if a property abuts a cominon driveway but has the required minimum street frontage and is taking access via the public street,the driveway shall be depicted on the opposite side of the shared property line from the common driveway as set forth in UDC 1 l- 6C-3D. 10. The Applicant shall obtain Conditional Use Permit approval prior to development ofIhe future church site,per UDC Table I 1-2A-2. 11_ Administrative Design Review application is required to be submitted and approved prior to submittal of any building permit applications for single-family attached dwellings and townhomes, as applicable. 12_ Future homes along the proposed"Street A"shall provide variation in building setbacks to provide for an attractive streetscape. A master plan depicting varying building setbacks shall be submitted with the required design review applications. 13. The Ten Mile Creek that abuts the subject site along its western boundary shall be protected during constriction. 14. The Applicant shall construct a temporary turnaround with a minimum turning radius of45 feet at the end of the proposed western stub street in alignment with ACHD policies.The turnaround is required until such time that the stub street connects to future streets in the development to the west. - Page 25 Page 319 Item#24. Exhibit A B. PUBLIC WORKS 1. Site Specific Conditions of Approval I.l A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. 1.2 An FLDP(Flood Plain Development Permit] is required.Currently the property is within an "A Zone". Study submitted requires culvert on Lake Hazel to be replaced and LOMR completed to change maps. 1.3 Sanitary sewer mains are not allowed in common driveways. 1 A Applicant to provide"to and through"sanitary sewer mainline connection to the property to the west. 1.5 The water main extension in E. Lake Hazel Road is shown in the wrong utility corridor, as depicted on the conceptual engineering submitted with the application. The water main should remain north of center-line instead of being moved south of center-line. In addition, the water main in E. Lake Hazel Road needs to be a 12-inch diameter,not an 8-inch diameter as shown. We prefer to have a mainline stub or service line(whichever is needed)to the future church lot to eliminate cutting the new road in the future. L6 The geotechnical investigative report prepared by MTI (Materials Testing& Inspection) dated March 7,2003,and updated July 4_=O3 indicates some very significant groundwater and soils concerns,and specific construction considerations and recommendations. The applicant shall be responsible for the strict adherence of these considerations and recommendations to help ensure that homes are constructed upon suitable bearing soils, and that shallow groundwater does not become a problem with home construction. Prior-to this requir-ed to submit up to date ground water- menitar-ing data bnsed upon current adopted building eodes,as well as any other updated geeteebuleal inMr-mation or- 1.7 Due to the very significant groundwater and soils concerns on site,structures are to be founded on conventional reinforced spread footings and walls,and slab-on-grade foundations. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet,if cover fi-orn top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code (MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-5-5. 2.3 The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way(include all water services and hydrants). The casement widths shall be 24-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit Page 26 Page 320 Item#24. Exhibit A an executed easement(ran the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement(marked EXHIBIT A)and an 8112"x 1 I"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 24 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches,canals, laterals, or drains,exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at(208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-521 1. 2.9 Street signs are to be in place,sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping,amenities,etc.,prior to signature on the final plat. 2.11 All improvements related to public life,safety and health shall be completed prior to occupancy of the structures.Where approved by the City Engineer,an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 1 1-5C-3B. 112 Applicant shall be required to pay Public Works development plan review,and construction inspection fees,as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox Iocations with the Meridian Post Office. Page 27 Page 321 Item#24. Exhibit A 2.16 Alf grading of the site shall be pertarmed in conformance with MCC I 1-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfi11,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation andJor drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD.The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2,20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian.AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project, 2.21 A street light plan will need to be included in the civil constriction plans, Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.merldiancity.org/public works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 857-221 I. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years.This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 897-221 I. C. FIRE DEPARTMENT(MFD) htW.,I:Ilwel)lit2_k.meridia►icitt,.otglWebLittk/Do 186859&dbid=0&repo=AferidianC ity&Ct=1 D. POLICE DEPARTMENT(MPD) https:llwebliitk,meridianciU-org/WebLinklDocuiew_uspx?id--186743&dhid 0ftpo=MeridianC itv E. BOISE PROJECT BOARD OF CONTROL(BPBC) htWs:11web1ink.ineridiancihy.otg1PVebLh2k1Doc•View.aspx?id=188199&dbid=0&rMa=Meridian C in, Page 28 Page 322 Item#24. Exhibit A F. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:l/weblirik,ineridiancit,.oiglWebLitikIDoeView.yW,y?id-188719&dbid O&r==MeridiatiC i tv G. CENTRAL DISTRICT HEALTH DEPARTMENT(CDH) https:llweblink.meridiarac►nt.orglWebLinklDocView.asWx?id--188182&dbid=O&repo=McridianC 1A' H. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:11weblink meridiancity.orglFVebLink1Doc View.aspa?id=190509&dbid=fl&repo=MeridianC tY IX. FINDINGS A. Annexation and/or Rezone(UDC I 1-5B-3E) Required Findings: Upon recommendation from the commission, the council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Council finds the proposed zoning map amendment to R-15 and proposed uses are consistent with the Comprehensive Plan, if'all provisions or the Development Agreement and conditions of approval are complied with. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Council finds the proposed zoning map amendment will allow for the development of'single- familt,detached horses which will contribute to the range of housing opportunities available within the Cit}', consistent with the Comprehensive Plan, and the purpose statement of the residential districts. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; Council finds the proposed zoning map amendment should not be detrimental to the public health,safety and we fare. 4. The map amendment shall not result in an adverse Impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to,school districts; and Council_inds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable) is in the hest interest of city. Council finds the proposed annexation is in the best interest of the City per the Analvsis in Section Fr B. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat,or short plat, the decision-making body shall make the following findings- - Page 29 Page 323 Item#24. Exhibit A 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed plat, with Staffs recommendations, is in substantial compliance with the adapted Comprehensive Plan in regard to land use, densitY, transportation, and pedestrian connectivity. (Please .see Comprehensive Plan analysis and other analvsis in Section V of this report for more it jarmation) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services will he provided to the subject properh, with development. (See Section VIII ul'the Stajj'Report.for more details_/rent public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program, Because City water and sewer and anv other utilities will be provided by the development at their own cost, Council finds that the subdivision will not require the expenditure of capital improvement finds. 4. There is public financial capability of supporting services for the proposed development; Council finds there is public financial capabilit-v oj'supporting services,for the proposed development based upon comments front the public service providers(i.e..Police,Fire,ACHD. etc). (See Section V11 for more i►rfor-malion) 5. The development will not he detrimental to the public health, safety or general welfare; and, Council is not aware of anv health, safet}!, or environmental problems associated With the platting oj'this property. ACHD considers road safety issues in their analysis and approves of the project. G. The development preserves significant natural, scenic or historic features. Council is unaware of any.significant natural, scenic or historic features that exist on this site that require preserving. The Ten Mile Creek does not reside on this property but its easement will be respected. - Page 34 Page 324 Item#25. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Development Agreement Between Shelburne Properties, LLC and Kenneth A.Williams (Owners) and Shelburne Properties, LLC (Developer) for Shelburne South H-2019-0106 Page 325 ADA COUNTY RECORDER Phil McGrane 2020-138124 BOISE IDAHO Pgs=49 BONNIE OBERBILLIG 10/15/2020 11:53 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Shelburne Properties, LLC, and Kenneth A. Williams, Owners 3. Shelburne Properties, LLC, Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 13th day of October , 2020, by and between City of Meridian, a municipal corporation of the State of Idaho,hereafter called CITY whose address is 33 E.Broadway Avenue, Meridian, Idaho 83642 and Shelburne Properties,LLC,whose address is 7629 E.Pinnacle Peak Road,#110, Scottsdale,AZ 85255 and Kenneth A.Williams,whose address is 4205 E.Bott Lane, Meridian, ID 83642, hereinafter called OWNERS and Shelburne Properties, LLC, whose address is 7629 E. Pinnacle Peak Road, 4110, Scottsdale, AZ 85255, hereinafter called DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owners are the sole owners, in law and/or equity, of certain tracts of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full,herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owners and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Developer with Owners' consent has submitted an application for annexation and zoning of 29.01 of land with an R-8(medium density residential)zoning district on the Property listed in Exhibit "A" (attached), under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Developer made representations at the public hearing before the Meridian Planning and Zoning Commission and the Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for requested annexation and zoning before the Planning and Zoning Commission and the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction,and includes further testimony and comment; and 1.7 WHEREAS, on the 10th day of March, 2020, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order("Findings"), which have been incorporated into this Agreement and attached as Exhibit"B'; and DEVELOPMENT AGREEMENT—SHELBURNE SOUTH(H-2019-0106)-1 Shelburne South Development Agreement (GP revisions 9-16-2020) [13860-4] Item#25. 1.8 WHEREAS,the Findings require the Owners and Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owners and Developer deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owners and Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on December 19,2019,Resolution No. 19- 2179, and the UDC, Title 11. NOW,THEREFORE, in consideration of the covenants and conditions set forth herein,the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNERS: means and refers to Shelburne Properties, LLC, whose address is 7629 E. Pinnacle Peak Road, #110, Scottsdale, AZ 85255 and Kenneth A. Williams, whose address is 4205 E. Bott Lane, Meridian, ID 83642, the parties that own said Property and shall include any subsequent owner(s) of the Property. 3.3 DEVELOPER: means and refers to Shelburne Properties, LLC, whose address is 7629 E. Pinnacle Peak Road, #110, Scottsdale, AZ 85255, the party that is developing said Property and shall include any subsequent developer(s) of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcel to be bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. DEVELOPMENT AGRPEMENr--SHELBURNE,SOUTH(H-2019-0106)-2 Shelburne South Development Agreement (GP revisions 9-16-2020) [13860-41 Page 327 Item#25. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 DeveIoper shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the preliminary plat, phasing plan, landscape plan and conceptual building elevations included in Section VII and the provisions of the Staff Report attached to the Findings of Fact and Conclusions of Law,attached hereto as Exhibit"B". All such future development of the site shall be performed, or caused to be performed, by DeveIoper at Developer's sole cost and expense. b. The existing home, owned by Williams, proposed to remain on Lot 1, Block 4 shall hook up to City water and sewer services at the Developer's expense within 60 calendar days of such services becoming available in accord with MCC 9-1-4 and 9-4-8. At such time, the septic tank shall be abandoned and the well solely used for irrigation purposes. C. The address of the existing home on Lot 1, Block 4 shall change to be addressed off S. Selatir Way when the road is constructed. 6. COMPLIANCE PERIOD: This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void, at city's election. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owners and/or Developer's default of this Agreement, Owners and/or Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default,which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period,then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owners and/or Developer that is not cured after notice as described in Section 7.2, Owners and/or Developer shall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning DEVELOPMENT AGREEMENT—SHELBURN E SOUTH(H-2019-0106)-3 Shelburne South Development Agreement (GP revisions 9-16-2020) [13860-4] Page 328 Item#25. designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owners and/or Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owners and/or Developer, or by any successor or successors in title or by the assigns of the parties hereto.Enforcement may be sought by an appropriate action at Iaw or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owners and/or Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes,the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owners and/or Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owners and/or Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall,following recordation of the duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC,to insure the installation of required improvements,which Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of-Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City,or sufficient surety of performance is provided by Owner and/or Developer to the City in accordance with Paragraph I I above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. DEVELOPMENT AGREEMENT—SHELBURNE SOUTH(H-2019-0106)-4 Shelburne South Development Agreement (GP revisions 9-16-2020) [13860-4] Page 329 Item#25. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 OWNERS: DEVELOPER: Shelburne Properties, LLC Shelburne Properties,LLC 7629 E. Pinnacle Peak Road,4110 7629 E. Pinnacle Peal-,Road, #110 Scottsdale,AZ 85255 Scottsdale,AZ 85255 Kenneth A. Williams 4205 E. Bott Lane Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted,to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction.This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner and/or Developer,each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner and/or Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion,had determined that Owner and/or Developer have fully performed their obligations under this Agreement. DEVELOPMENT AGREEMENT-SHELBURNE SOUTH(H-2019-0106)-5 Shelburne South Development Agreement (GP revisions 9-16-2020) [13860-4] Page 330 Item#25. I.S. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party(including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owners and/or Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owners and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] DEVELOPMENT AGREEMENT--SHELBURNE SOUTH(H-2019-0106)-6 Shelburne South Development Agreement (GP revisions 9-16-2020) (13860-4] Page 331 Item#25. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS: DEVELOPER: Shelburne Properties, LLC Shelburne Properties,LLC By: By: Its: Its: Kenneth A. Williams CITY OF MERIDIAN ATTEST: Chris Johnson, City Clerk By: Mayor Robert E. Simi son DEVELOPMENT AGREEMENT-SHELBURNE SouTH(H-2019-0106)-7 Shelburne South Development Agreement (GP revisions 8-16-2020) [13860-4) Page 332 Item#25. STATE OF �Cl�VP ss County of_ __ A6 2 ) On this _* day of SeOQ ' , 2020, before me, the undersigned, a Notary Public in and for said State, personally appeared Cla.[ n U , known or identified to me to be thee y � _ of Shelburne Properties, LLC, and the person who signed above na d acknowledged to me that he executed the same on behalf of said Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. MI)SAY KIRBY ION#202019M !VOTARY PUBLIC Notary blic for STATE OF IDAHO Residi g at: MY COMMISSION EXPIRES 0610112M My Commission Expires: aoa� STATE OF IDAHO ) ss County of Ada } On this 13th day of October 2020, before me,a Notary Public,personally s appeared Robert E. Simison and Chris Johnson, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same.IN ;w WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the c day and year in this certificate first above written. Notary Public for Idaho Residing at: Meridian, ID My Commission Expires: 3-28-2022 DEVELOPMENT AGREEMENT—SHELBURNE SOUTH(H-2019-0106)-9 Shelburne South Development Agreement (GP revisions 8-16-2020) [13860-41 Page 334 Item#25. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS: DEVELOPER: Shelburne Properties, LLC Shelburne Properties, LLC By: By: Its: Its: <K --. Williams CITY OF MERIDIAN ATTEST: By: Chris Johnson, City Clerk Mayor Robert E. Simison DEVELOPMENT AGREEMENT—SHE)LBURNE SOUTH(H-2019-0106)-7 Shelburne South Development Agreement (GP revisions 9-16-2420) [13860-41 Page 335 Item#25. STATE OF__ } ss County of ) On this day of ,2020,before me,the undersigned, a Notary Public in and for said State, personally appeared , known or identified to me to be the of Shelburne Properties, LLC, and the person who signed above and acknowledged to me that he executed the same on behalf of said Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Residing at: My Commission Expires; STATE OF UTAH } ss County"of Le } On this jr dayof 2020, before me, the undersigned, a Notary Public in and for said State,personally appeared Kenneth A.Williams,known or identified to nie to be the person who signed above and acknowledged to me that he executed the sane. IN WITNESS'WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public f t-ah Residing at: LZI N1CHAELDAVi0Tt%+:.SKV My Commission xpires: � v, Notary PobUc,-Stale of Utah t Comm.no 697791 P.Ry commission apires.on s� Nov 14.2021 DEVE .oirivri err AoiEEiv MN r—SHEi.i3URNE SOUTH(11-2019-0106)-8 Shelburne South Development Agreement (GP revisions 9-16-2020) (13860-4) Page 336 Item#25. EXH f BIT A Annexation &Zoning Legal Description and Exhibit Map Legal Descript on for Annexation Shelburne South Subdivision A parcel of land.being located in the SW'/4 of the SE %of Section 26,Township 3 North, Range 1 East,Boise Meridian,Ada County,Idaho,and more particularly described as follows., Commencing at a Brass Cap monument marking the southwest corner of the SE Y4 of said Section 28, from which an Aluminum Cap monument marking the southeast corner of said SE `/s bears S 89°14'43"E a distance of 2660,54 feet; Thence S 89614'43"E along the southerly boundary of said SE"✓a a distance of 238.00 feet to the POINT OF BEGINNING; Thence N 0°31'20"E a distance of 965.92 feet to a point; Thence S 89'19'33"E a distance of 398.08 feet to a point, Thence N 0"31'18"E a distance of 358.85 feet to a point on the north boundary of the SE 1/4 of said Section 28;_,. Thence S 89°19'52"E along said north boundary a distance of 693.19 feet to the northeast corner of the SW'/of the SE%of said Section 28; Thence S 0°28'36"W along the east boundary of said SW'/a of the SE%a distance of 1326,37 feet to the southeast corner of the SW'/4 of the SE%of said Section 28; Thence along the south boundary of said SW Y4 of the SE Y4 N 89'14'43*W a distance of 706.23 feet to a point; Thence leaving said south boundary N 0`31'18"E a distance of 220.00 feet to a point, 'thence N 89°14'43"W a distance of 186,00 fleet to a point; Thence S 0*31'17"W a distance of 220.00 feet to a point on the south boundary of the SW'/of the SE'f of said Section 28; Thence along said south boundary N 89'14'43"W a distance of 200.09 feet to the POINT OF BEGINNING. l�$TS �s This parcel contains 29.01 acres. ti `�✓ m Q 11118 M Clinton W.Hansen, PLS a ��? Jj°I Z° Land Solutions,PC f '? OP > August 14,2019 Syr B a F ,P�5 <3 Y1; IJwI 1'1: 7i9 ) Sholbume Soukh Subdivision Annaxution �r,�'tane suMeying ana<m, ung Job No.19.08 Page 1 of i Shelburne South AZ 2019-0106 Page 337 Item#25. SHELBURNE SOUTH SUBDIVISION ANNEXATION LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 28,T.3N., RZ I E., B.M. MERIDIAN,ADA COUNTY, IDAHO r r-� C5 1/E6 EASTIMC,CETY il1iI75 SOMWARY S89I 2"E 69319' 5E)J45 rsaya'sx'c sas,i�' sea�sze t 4�46 t � S t S.8919VE 39&08' I )� n tail HI r7 I � I I 118J'i4'43"W 188.04` E 0 PONT OF @WfZMENG N89!4'43'1V 26 238d11)' .09' �ia�� 3t6QW4YW 7003' _ p.2 28 21 � SUIVVE 26fa'0.54' Z AMITY RD. E) is � 34 L LA Nb TST a �t ;V �� rF Of W.'�P� 0 125 250 500 Land surveying and Consulting 231 E.5TH ST,STE.A MEWMAN,W 836-12 )x08)200-2040 [2081200-25571m vMnv.Fal'7cfAf[lCtli4s.taY k-0 k0.f4�t� Shelburne South AZ 2019-0106 Page 338 ttem#25. EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAWC��V IDIAN_ - AND DECISION& ORDER A H o In the Matter of the Request for Annexation of 29.01 Acres of Land with an R-8 Zoning District; and Preliminary Plat Consisting of Ninety-Nine(99)Buildable Lots,Nineteen(19)Common Area Lots and One(1) Other Lot on 27.9 Acres of Land in the R-8 Zoning District for Shelburne South Subdivision,by Shelburne Properties,LLC. Case No(s).H-2019-0106 For the City Council Hearing Date of: February 18,2020 (Findings on March 3,2020) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of February 18, 2020, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of February 18,2020, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 18, 2020, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of February 18,2020,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian,which was adopted April 19,2011,Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SHELBURNE SOUTH—AZ,PP H-2019-0106 - I - Page 339 Meridian City Council Meeting Agenda March 3,2020— Page 103 of 222 Item#25. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of February 18,2020, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for Annexation with R-8 zoning is hereby approved with the requirement of a Development Agreement; and the Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of February 18,2020, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted.With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SHELBURNE SOUTH—AZ,PP H-2019-0106 -2- Meridian City Council Meeting Agenda March 3,2020— Page 104 of 222 Item#25. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67,Idaho Code. F. Attached: Staff Report for the hearing date of February 18,2020 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SHELBURNE SOUTH—AZ,PP H-2019-0106 -3 - Page 341 Meridian City Council Meeting Agenda March 3,2020— Page 105 of 222 Item#25. By action of the City Council at its regular meeting held on the 3rd day of March 2020. COUNCIL PRESIDENT TREG BERNT VOTED Aye COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED Aye COUNCIL MEMBER JESSICA PERREAULT VOTED Aye COUNCIL MEMBER LUKE CAVENER VOTED Aye COUNCIL MEMBER JOE BORTON VOTED Aye COUNCIL MEMBER LIZ STRADER VOTED Aye MAYOR ROBERT SIMISON VOTED Aye (TIE BREAKER) Robert E. Simision,Mayor Attest: Chris Johnson City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: March 3, 2020 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SHELBURNE SOUTH—AZ,PP H-2019-0106 -4- Page 342 Meridian City Council Meeting Agenda March 3,2020— Page 106 of 222 Item#25. EXHIBIT A STAFF REPORTC�WEIIDIAN COMMUNITY DEVELOPMENT DEPARTMENT HEARING 2/18/2020 Le 9 en d DATE: 15 Loc 0 TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 Bruce Freckleton,Development Services Manager 208-887-2211 1 SUBJECT: H-2019-0106 Shelburne South LOCATION: North side of E.Amity Rd., I/4 mile west of S. Cloverdale Rd.,in the SE '/4 of Section 28,T.3N., R.IE. I. PROJECT DESCRIPTION Annexation of 29.01 acres of land with an R-8 zoning district; and,Preliminary plat consisting of 99 building lots, 19 common area lots and 1 other lot on 27.9 acres of land in the R-8 zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 27.9 Future Land Use Designation MDR(Medium Density Residential: 3-8 units/acre) Existing Land Use(s) Rural residential/agricultural(3 homes&accessory structures) Proposed Land Use(s) Single-family Residential(SFR) Lots(#and type;bldg./common) 99 building; 19 common; 1 other Phasing Plan(#of phases) Yes-2 phases Number of Residential Units(type 99 detached units of units) Density(gross&net) 3.55 gross/6.23 net Open Space(acres,total 4.33 acres/15.52% [%]/buffer/qualified) Amenities Sports court(pickleball);open waterway;shade structure with picnic tables,bench and bicycle parking Physical Features(waterways, Nine Mile Creek and Ten Mile Feeder Canal cross this site hazards,flood plain,hillside) Neighborhood meeting date;#of 8/6/2019;2 attendees attendees: Page 1 Page 343 Meridian City Council Meeting Agenda March 3,2020— Page 107 of 222 Item#25. Description Details History(previous approvals) None B. Community Metrics Description Details Ada County Highway District • Staff report(yes/no) Yes(Traffic Impact Study was not required) • Requires ACHD Commission No Action es/no Access(Arterial/Collectors/State Access via E.Amity Rd.,an arterial street; and S. Selatir Hwy/Local)(Existing and Proposed) Way,a local street from the north to be constructed with Shelburne East Subdivision Traffic Level of Service Eagle Rd. &Amity Rd.—Better than"E";Cloverdale Rd. —"F"(see ACHD report for more information) Stub Street/Interconnectivity/Cross Stub streets proposed to west and east for future extension Access Existing Road Network E.Amity Rd.,arterial street Existing Arterial Sidewalks/ None Buffers Proposed Road Improvements A center turn lane is required on Amity Rd. at the Amorita Ave.intersection with the 1st phase of development;or provide a turn lane analysis to ACHD for review. Dedicate ROW to total 37' from centerline of Amity Rd. & improve Amity to 17' of pavement from centerline Fire Service • Distance to Fire Station 2.2 miles(closest to Fire Station#4) • Fire Response Time 3:00 minutes under ideal conditions • Resource Reliability 78%-does not meet the target goal of 80%or greater • Risk Identification 1 (current resources would be adequate to supply service) • Accessibility Does not meet all required access(see Section VIII.C) • Special/resource needs An aerial device is not required • Water Supply 1,000 gallons per minute for one hour • Other Resources See Section VIILC Police Service • Distance to Police Station 5 miles • Police Response Time 5 minutes • Calls for Service 145 calls within 1 mile of site(within 12 month period) • %of calls for service split by See Section VIILD priority • Accessibility No issues • Specialty/resource needs None • Crimes • Crashes 17 crashed within 1 mile of site(within 12 month period) • Other Reports No outstanding issues or concerns West Ada School District • Distance(elem,ms,hs) Silver Sage Elementary: 5.1 miles Lake Hazel Middle School:2.4 miles Mountain View High School:4.8 miles (Note:Enrollment at Hillsdale Elementary is currently capped;students in this subdivision will attend Silver Sage Elementary until a new school is built.) • Capacity of Schools Silver Sage Elementary:405 Page 2 Page 344 Meridian City Council Meeting Agenda March 3,2020— Page 108 of 222 Item#25. Description Details Lake Hazel Middle School: 1,000 Mountain View High School: 1,800 • #of Students Enrolled Silver Sage Elementary:295 Lake Hazel Middle School: 1,085 Mountain View High School:2,277 Wastewater • Distance to Sewer Services Contiguous once Shelburne No.2 is constructed • Sewer Shed South Black Cat Trunkshed • Estimated Project Sewer 99 Building Lots ERU's • WRRF Declining Balance 13.77 • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns None at this time Water • Distance to Water Services Contiguous once Shelburne East No. 1 is constructed • Pressure Zone 4 • Estimated Project Water 99 Building Lots ERU's • Water Quality Concerns None • Project Consistent with Water Yes Master Plan • Impacts/Concerns No redundant connection for homes to the west of Amortia Ave,however development to the west will correct this issue.Water connection from Shelburne East Sub to Amity must be completed by phase 3 of Shelburne East. COMPASS(Communities in See Section VIII.E Motion 2040 2.0) — Page 3 — Page 345 Meridian City Council Meeting Agenda March 3,2020— Page 109 of 222 Item#25. C. Project Area Maps Future Land Use Map Aerial Map Legend Legend ' Project Luca Sm Ei I �ti.`- $ i [3n ity ,' i a uw:l d� ILL Res�cieniOi AMWU-N — LXMF Oft i01 Zoning Map Planned Development Map f Legend I-A endRUT d Project Lccafi4n �� d City Lirnt LULLIIL — Pk3nned Pameis LULLIIL $ R-2 RAN - RUT R RU y l l7Ufi R4 R-8 - T— FEE FEE — — ME III. APPLICANT INFORMATION A. Applicant: Shelburne Properties,LLC—7629 E. Pinnacle Peak Rd.,#110, Scottsdale,AZ 85255 B. Owners: Shelburne Properties,LLC—7629 E. Pinnacle Peak Rd.,#110, Scottsdale,AZ 85255 Kenneth A. Williams—4205 E. Bott Ln.,Meridian, ID 83642 Page 4 Page 346 Meridian City Council Meeting Agenda March 3,2020— Page 110 of 222 Item#25. Gordon Jay Skinner—4120 E. Amity Rd.,Meridian, ID 83642 C. Representative: Ben Thomas, Civil Innovations,PLLC— 1043 E. Park Blvd., Ste. 101,Boise,ID 83712 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Notification published in 11/29/2019 1/31/2020 newspaper Radius notification mailed to property owners within 300 feet 11/26/2019 1/28/2020 Public hearing notice sign posted 1/7/2020 1/16/2020 on site Nextdoor posting 11/26/2019 1/28/2020 V. STAFF ANALYSIS A. Future Land Use Map Designation(ht(ps://www.meridiancity.org/compplan) MDR(Medium Density Residential)—The MDR designation allows smaller lots for residential purposes within City limits.Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre. The proposed single-family homes and gross density of 3.55 units per acre is at the low end of the desired density range but is consistent with previous phases of Shelburne Subdivision to the north and west and with the MDR designation. B. Comprehensive Plan Policies (https://www.meri&ancioy.orglcompplan): • "Provide for a wide diversity of housing types(single-family, modular,mobile homes and multi- family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development."(3.07.03B) The proposed single-family detached homes will contribute to the diversity in housing types in the City. Staff is unaware if the proposed units will be owner occupied or rental units. • "Require open space areas within all development."(6.01.01A) Qualified open space is required to be provided in accord with the standards listed in UDC 11-3G- 3.As proposed, the development exceeds the minimum qualified open space requirement. • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City."(3.01.0117) Urban services can be provided and this development is contiguous to the City. • "Restrict private curb cuts and access points on collectors and arterial streets."(3.06.02D) One (1) access is proposed via E.Amity Rd., the abutting arterial street; local street access is not available at this time but will be in the future from the north when Shelburne Subdivision No. 2 develops. Stub streets are proposed to the properties to the west and east for future extension and interconnectivity. • "Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system."(3.03.03B) There are no pedestrian connections proposed to adjacent properties other than sidewalks along stub streets;Staff recommends a multi-use pathway is constructed along the southwest side of the Page 5 Page 347 Meridian City Council Meeting Agenda March 3,2020— Page 111 of 222 Item#25. Nine Mile Creek from the east to the northwest boundary of the subdivision for future extension and interconnectivity between neighborhoods and the future school site to the west as noted below,and an easement for a multi-use pathway is provided on the northeast side of the Ten Mile feeder canal for future construction of a pathway if needed. C. Existing Structures/Site Improvements: There are three(3)existing homes and accessory structures on this site. Only one (1)of the existing homes will remain on a lot in the proposed subdivision(i.e. Lot 1,Block 4); the remaining structures should be removed from the site prior to signature on the final plat by the City Engineer for the phase in which they are located. The address for the home to remain will change to be addressed off of W. Selatir Way when constructed. The Applicant submitted a conceptual development plan for Lot 1,Block 4 that demonstrates how the site could,but is not required to, redevelop in the future(see Section VIII.F). D. Preliminary Plat: There is an out-parcel(#Sl 128438652, Bunch/Kirkwood property) along the southern boundary of the project site that fronts on E.Amity Rd.; the City Attorney has deemed it be a legally divided parcel from the subject property and as such is not required to be included in the boundary of the proposed subdivision. Public street frontage(E. Grayson St., a local street)is proposed on the plat for future access upon redevelopment of that property so that access via the arterial street(i.e. Amity Rd.)can be terminated in accord with UDC 11-3A-3A in the future. The proposed minimum lot size is 5,446 square feet(s.£) and the average lot size is 6,994 s.f. E. Proposed Use Analysis: Only single-family lots are proposed; single-family detached dwellings are listed as a principal permitted use in the R-8 zoning district per UDC Table 11-2A-2. F. Specific Use Standards(UDC 11-4-3): Not applicable (single-family dwellings are not subject to specific use standards) G. Dimensional Standards(UDC 11-2): All future development is subject to the dimensional standards of the R-8 zoning district set forth in UDC Table 11-2A-6. The existing home that is proposed to remain on Lot 1, Block 4 meets the setback standards of the district. The proposed lots meet the minimum dimensional standards of the district. H. Access(UDC 11-3A-3, 11-3H-4): One(1)public street access is proposed via E.Amity Rd., an arterial street; and one(1)local street access is proposed to be extended from the north with development of Shelburne East Subdivision. One (1) stub street is proposed to the west and two (2) stub streets are proposed to the east for future extension and interconnectivity. The out-parcel that fronts on E. Amity Rd., an arterial street,will have frontage on an internal local street,E. Grayson St.,for future access internally from within the subdivision. Staff recommends a note is added to the final plat prohibiting direct lot access via E.Amity Rd to all the lots within the subject subdivision. One(1)common driveway is proposed on Lot 6,Block 5 for access to Lots 7-9,Block 5 from E. Grayson St., a local street. Common driveways are required to comply with the standards listed in UDC 11-6C-3D which include but are not limited to the following: A perpetual ingress/egress easement is required to be filed with the Ada County Recorder for the common driveway which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment—a Page 6 Page 348 Meridian City Council Meeting Agenda March 3,2020— Page 112 of 222 Item#25. copy of which should be submitted to the Planning Division prior to signature on the final plat by the City Engineer; and an exhibit is required to be submitted with the final plat application that depicts the setbacks, fencing,building envelope and orientation of the lots and structures that are accessed by the common driveway. Driveways for abutting properties that aren't taking access from the common driveway(s) shall be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5- foot wide landscaped buffer. Address signage should be provided at the public street for homes accessed by the common driveway for emergency wayfinding purposes. Note:If desired, the Applicant could provide a common driveway north of E. Davin St.for access to Lots 48-51, Block 4 if approved by the Fire Dept. as set forth in UDC 11-6C-3D.3; this would allow an increase in the adjacent common area. Revised plans should be submitted at least 10 days prior to the Council meeting if the change is desired. Access is currently provided to the existing home proposed to remain on Lot 1,Block 4 (the Williams' property) and to the abutting property to the west that is not a part of this development(Parcel #51128438580, owned by the Freeman's)via S. Selatir Ln, a private lane, from E. Bott Ln. to the north; access to the Freeman property via Selatir Ln. is obtained across the William's property. To ensure access is still provided to the Freeman property once Shelburne East develops to the north and S. Selatir Ln.is removed, Staff recommends a cross-access easement for a minimum 20-foot wide driveway is required to that property across Lot 1,Block 4. This easement should remain in effect until such time as the Freeman property redevelops and public street access is provided to that property. Development of this project is limited to 30 building lots until such time as two (2)separate approved Fire Dept. access points are completed. I. Parking(UDC 11-3C): Off-street parking is required to be provided for the proposed use as set forth in UDC Table 11-3C-6 based on the number of bedrooms per unit. On-street parking is also available along local streets within the development for guest/additional parking. J. Pathways (UDC 11-3A-8): An internal 5-foot wide pathway is proposed through Block 4 along the south side of the Nine Mile Creek. At the recommendation of the Park's Department, Staff recommends this pathway is constructed at 10 feet in width in a 14-foot wide public pedestrian easement and serves as a segment of the City's multi-use pathway system; this pathway should extend from the east to the northwest perimeter boundary of the subdivision for future extension and interconnectivity with adjacent neighborhoods and to the future school site to the west.The pathway should be constructed in accord with the standards listed in UDC 11-3A-8 and landscaping should be installed adjacent to the pathway in accord with the standards listed in UDC 11-3B-12C. The Pathways Master Plan depicts a segment of the City's multi-use pathway system along the northeast side of the Ten Mile Feeder Canal,located at the northeast corner of the site. As this area is not accessible from this development without a pedestrian bridge and is at the east boundary of the City's Area of Impact,the Park's Department is not recommending a multi-use pathway is constructed at this time; however, a 14-foot wide public pedestrian easement should be dedicated to allow the pathway to be constructed in the future if needed. Page 7 Page 349 Meridian City Council Meeting Agenda March 3,2020— Page 113 of 222 Item#25. K. Sidewalks(UDC I1-3A-17): Sidewalks are required to be provided with development along both sides of all public streets in accord with the standards set forth in UDC 11-3A-17. Minimum 5-foot wide detached sidewalks are required along E.Amity Rd., an arterial street; and attached sidewalks are required along all internal local streets as proposed. L. Parkways (UDC 11-3A-17): Eight-foot wide parkways are proposed at the entry of the development adjacent to S. Amorita Ave landscaped with Class II trees per the standards listed in UDC 11-3A-17. M. Landscaping(UDC 11-3B): Landscaping is required in accord with the standards listed in UDC 11-3B as follows: Street buffers: A 35-foot wide street buffer is required and proposed along E. Amity Rd., an entryway corridor,per UDC Table 11-2A-6, landscaped per the standards listed in UDC 11-3B-7C; trees in excess of the minimum standards are proposed. Parkways: Parkways are required to comply with the standards listed in UDC 11-3A-17E and be landscaped per the standards listed in UDC 11-3B-7C; calculations should be depicted in the Landscape Calculations table on the landscape plan demonstrating compliance with these standards. Common open space: Common areas are required to be landscaped per the standards listed in UDC 11-3G-3E. Trees are proposed in excess of the minimum required. See the Qualified Open Space section below for more information. Pathways: Landscaping is required adjacent to pathways in accord with the standards listed in UDC 11-3B-12C. A pathway is proposed through Block 4 along the south side of the Nine Mile Creek; calculations should be included in the Landscape Calculations table on the landscape plan demonstrating compliance with the standards in UDC 11-3B-12C.2. Mitigation: Mitigation is required for all existing trees,4"caliper and greater in size,that are removed from the site as set forth in UDC 11-3B-10C.5. The landscape plan depicts 30+/-trees that are proposed to be removed that may require mitigation; the applicant should coordinate with Elroy Huff,the City Arborist, at 208-371-1755 to determine mitigation requirements. The landscape plan includes a note stating,"extra trees provided above those required for mitigation: 272 trees (2"cal.)=544 cal. Inches"which should satisfy the mitigation requirements; however,that will be determined after the City Arborist's inspection. N. Qualified Open Space (UDC I1-3G): A minimum of 10% qualified open space is required to be provided. Based on a total of 27.9 acres of land,a minimum of 2.79 acres is required that complies with the standards listed in UDC 11-3G-3. The proposed qualified open space consists of the street buffer along E. Amity Rd., an arterial street (50%=0.42 of an acre); a centrally located linear open space area along the Nine Mile Creek that includes a water feature(2.84 acres); a 110' x 113' common area near the southeast corner of the site on Lot 3,Block 2 (0.29 of an acre); and parkways(0.04 acre) adjacent to S. Amorita Ave. at the entry of the development from Amity Rd.totaling 3.59 acres in excess of the minimum standard.A few other open grassy areas depicted on the open space exhibit in Section VII.D do not qualify as they are below 50' x 100' in area;however,the project meets the minimum standards without these areas. Staff recommends a note is placed on the final plat restricting Lot 1,Block 8 to a non-buildable lot. — Page 8 Page 350 Meridian City Council Meeting Agenda March 3,2020— Page 114 of 222 Item#25. Note: The Applicant does not plan to improve the common area on the east side of the Ten Mile Feeder Canal as it is not accessible by this development. O. Qualified Site Amenities (UDC 11-3U): A minimum of one(1) qualified site amenity is required per 20 acres of development area. Therefore, based on 27.9 acres, a minimum of one(1)amenity is required. The following amenities are proposed: a sports court(i.e.pickleball)from the Recreation category; and a picnic area with a 20' x 20' shade structure,picnic tables and bench from the Quality of Life category in accord with UDC standards. See detail in Section VII.D. Although not a"qualified"amenity, a pathway is proposed along the southwest side of the Nine Mile Creek which will provide an additional recreation amenity for residents. Staff recommends this pathway is extended to the east and north boundaries of the site along the creek for future extension in accord with the Comprehensive Plan as discussed above and based on Park Department's comments (see Section VIII.E). P. Waterways(UDC 11-3A-6): The Ten Mile Feeder Canal crosses the northeast corner of the site and the Nine Mile Creek crosses the site further to the southwest;both of these waterways are proposed to remain open in accord with the standards listed in UDC 11-3A-6B. Q. Fencing(UDC 11-3A-6, 11-3A-7): Fencing is required to comply with the standards listed in UDC 11-3A-6 and 11-3A-7. A 6-foot tall solid vinyl fence is depicted on the landscape plan along the perimeter boundary of the subdivision except for adjacent to the Ten Mile feeder canal where 5-foot tall open vision lattice top vinyl fence is proposed; open vision fencing is also proposed adjacent to internal common areas. There is not a detail for open vision lattice top vinyl fence,only 5-foot tall wrought iron fence (see Sheet L6); staff recommends the legend is revised to reflect that described on the detail on Sheet L6. Staff recommends the Applicant provide details at the public hearing in regard to the depth and slope(i.e. horizontal:vertical)of the Nine Mile Creek in order for the Commission/Council to determine if fencing should be required adjacent to the waterway to preserve public safety.Note: UDC 11-3A-6C states fencing shall not prevent access to natural waterways such as creeks; in limited circumstances and in the interest of public safety, larger open water systems may require fencing as determined by City Council, the Director and/or Public Works Director. R. Utilities (UDC 11-3A-21): Connection to City water and sewer services is proposed; all utilities are stubbed to the northern site boundary from the previous Shelburne East development. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. See Section VIII-B below for Public Works comments/conditions. S. Pressure Irrigation(UDC 11-3A-15 : An underground pressurized irrigation system is required to be provided for each lot within the development. The Ten Mile Feeder Canal will provide irrigation water for the project. A pump station — Page 9 — Page 351 Meridian City Council Meeting Agenda March 3,2020— Page 115 of 222 Item#25. was installed as part of Shelburne East Sub. 1 which was sized to serve Shelburne East and this development. T. Storm Drainage(UDC 11-3A-18): An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. U. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevations were submitted that depict a variety of architectural styles for single- family detached homes planned to be constructed within this development as shown in Section VILE. The architecture style is proposed to be a continuation of that in the previous Shelburne developments to the north and west and consist of a mix of contemporary forms and modern farmhouse styles with materials ranging from stone to stucco and board-and-batten siding materials with natural colors. Homes will range in size from 1,600 to 2,200 square feet and a large percentage of the homes will be single- story. Single-family detached homes are not subject to Design Review per UDC I1-5B-8B.2. VI. DECISION A. Staff: Staff recommends approval of the proposed annexation and preliminary plat applications with the requirement of a Development Agreement per the comments and conditions listed in Section V111 in accord with the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard these items on December 19,2019 and January 6,2020. At the public hearing on January 6',the Commission moved to recommend approval of the subject AZ and PP requests. 1. Summary of Commission public hearing: a. In favor: Deb Nelson, Givens Purslgy b. In opposition:None c. Commenting: Brian Wilson d. Written testimony: Applicant(response to the staff report);Ann Kirkwood,David Palumbo e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s)of public testimony a. Location of multi-use pathway along the Ten Mile Feeder Canal-Developer of property to the east stated they were required to provide a pathway along the southwest side of the canal in Ada County;the Pathways Master Plan depicts the pathway on the northeast side of the canal. 3. Key issue(s)of discussion by Commission. a. Location of access easement to the Freeman property via Selatir; b. Confirmation b, t�pplicant that the amenities in the previous Shelburne and Shelburne East Subdivisions will be shared with this development and will all be under the same HOA; c. Type of fencing proposed in place of wrought iron(i.e. 5' open vision lattice top vinyl) —agreeable to vinyl as long as it complies with UDC standards for open vision fencing (i.e. can't restrict vision through the fence by more than 20%h d. Request for the Applicant to consider of a different st, l�picnic shelter that is less commercial in appearance that will fit in more with the design of homes; Page 10 Page 352 Meridian City Council Meeting Agenda March 3,2020— Page 116 of 222 Item#25. e. Concern from neighbor(Kirkwood)pertaining to access to their back pasture; Applicant agreed to install a gate in the fence for access to the pasture via Grayson Street. f. If someone else(i.e. the developer to the east)wants to construct a pedestrian bridge across the Ten Mile Feeder Canal for access to the pathway easement on this property, it would be okay with the Applicant; g_ The width(5' vs. 10') of the pathway, through this site adjacent to the Nine Mile Creek; h. Lot 1,Block 8 should be called out as a common lot rather than"non-buildable"; i. Concern pertaining to traffic congestion in this area and not having a Traffic Impact Study for any of the developments in this area because the preliminary_plats all contained under 100 homes (over 100 triggers a TIS)—desire for road infrastructure to be in place to handle the additional traffic before more developments are approved. 4. Commission change(s)to Staff recommendation: a. Modify condition#A.3d in Section VIII to reflect replacement of the 5' tall open vision iron fence with 5' tall open vision lattice top vinyl fence that complies with UDC standards for open vision fencing(see UDC 11-1A-1); b. Modify condition#A.3e in Section VIII to reflect a 5' instead of a 10' wide pathway along the southwest side of the Nine Mile Creek within an 8' wide easement. c. Modify conditions#A.2c and A.10 in Section VIII to remove the specific Lot and Block number for the access easement for the Freeman parcel to allow that previously agreed upon with the Freeman's through Shelburne East Subdivision via S. Selatir Way; d. Modify condition#A.2a in Section VIII to include Lot 1,Block 8 in the plat notes as a common lot rather than a non-buildable lot; and, e. Add a condition for the Applicant to consider alternate styles for a picnic shelter to match the neighborhood development and design(see condition#A.12 in Section VIII). 5. Outstandingissue(s)ssue(s) for City Council: a. Staff recommended the Applicant provide details at the public hearing in regard to the depth and slope(i.e. horizontal:vertical)of the Nine Mile Creek in order for the Council to determine if fencing should be required adjacent to the waterway to preserve public safety as set forth in UDC 11-3A-6C.1. C. The Meridian City Council heard these items on February 18, 2020. At the public hearing, the Council moved to approve the subject AZ and PP requests. 1. Summary of the City Council public hearing: a. In favor: Deb Nelson, Givens Purslev b. In opposition: None c. Commenting: Brian Wilson d. Written testimony: Applicant e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. Question pertaining to which side of the Ten Mile Feeder Canal the Board of Control's access is on. 3. Key issue(s)of discussion by City Council: a. Concern pertaining to the lack of improvements proposed on Lot 1,Block 8 that it will create a weed problem and result in lack of maintenance: b. Preference for the appearance of the shelter proposed as"Option 2"- c. Desire to know the number of children that are estimated to attend area schools in developments that have been approved but not yet constructed that are not accounted for in the school district's calculations. 4. City Council change(s)to Commission recommendation: Page 11 Page 353 Meridian City Council Meeting Agenda March 3,2020— Page 117 of 222 Item#25. a. Council preferred the picnic shelter in Option#2 included in Sections VILC and D (delete condition#A.12 in Section VIII as it's no longer applicable): b. Include a condition for Lot 1,Block 8 to be improved with grass and irrigation and for it be maintained by the HOA as agreed upon by the Applicant(see condition#A.3h)• c. Based on the slope exhibit submitted by the Applicant showing a typical 3:1 slope of the Nine Mile Creek.the Council did not require fencing to be installed along the waterway (see condition#A.3f in Section VIIII. Page 12 — Page 354 Meridian City Council Meeting Agenda March 3,2020— Page 118 of 222 Item#25. VII. EXHIBITS A. Annexation&Zoning Legal Description and Exhibit Map Legal Description for Annexation Shelburne South Subdivision A parcel of land being located in the SW'/<of the 5E '/a of Section 28,Township 3 North, Range 1 East,Boise Meridian,Ada County, Idaho,and more particularly described as follows: Commencing at a Brass Cap monument marking the southwest corner of the SE'/a of said Section 28. from which an Aluminum Cap monument marking the southeast corner of said SE Y.bears S 89°14'43"E a distance of 2660.64 feet; Thence S 84'14'43"l=along the southerly boundary of said SE'/a a distance of 238.00 feet to the POINT OF BEGINNING; Thence N 0°31'20"E a distance of 965,92 feet to a point; Thence S 69'19'33"E a distance of 396.08 feet to a point; Thence N 0131`18"E a distance of 358,85 feet to a point can the north boundary of the SE Y4 of said Section 28; Thence S 89°19'52"E along said north boundary a distance of 693.19 feet to the northeast corner of the SW'/a of the SE 1..of said Section 28; Thence S 0°26'36"W along the east boundary of sand SW'14 of the SE%a distance of 1326.37 feet to the southeast corner of the SW'/4 of the SE'/of said Section 28; Thence along the south boundary of said SW Y.of the SE'/a N 89°14'43"W a distance of 706.23 feet to a point; Thence leaving said south boundary N 0*31'18"E a distance of 220,00 feet to a polnt; Thence N 89°14`43"W a distance of 186.00 feet to a point; Thence S 0°31'17"W a distance of 224.00 feet to a point on the south boundary of the SW'f of the SE'/of said Section 28; Thence along said south boundary N 89®14'43"vV a distance of 200.09 feet to the POINT OF BEGINNING. P� �bs This parcel-contains 29.01 acres. �r� R I t 1 C) Clinton W.Hansen, PLS h Land Solutions,PC August 14,2019 f'�p � OF ONW J Shalbume South Subdivision An nexation Job No.19-pg � a a�.rymy.na Coinaf l"g Page 1 Or 1 Page 13 Page 355 Meridian City Council Meeting Agenda March 3,2020— Page 119 of 222 Item#25. SHELBURNE SOUTH SUBDIVISION ANNEXATION LOCATED IN THE SW 1/4 OF THE SE 1/4 OF SECTION 28, T.3N., R.1 E., B,M. MERIDIAN, ADA COUNTY, IDAHO I CS I/is r IST11N; aTF LIiAi75 80tlff�ARY Sol 2"E 69319 5E ilib sso5a'sa'e eas.l,' I.." u�c s/is 1323 P i I S809'337 3 eXt • — I i ?WOO � m o I x � NM43N ISO. I I PCWT OF '� W m I o 8EGNNING 28 238600 H8934'w Hestia _ i4`43'W 70.23' 13 � 33 58974'k3'E R. E. AMITY RD. E I e 33 34 BASIS Or HARM L LA No A S 7 q- �. 1111 cc) OF ON 'W.'�� i a 125 250 500 Land Surveying and Consulting 231 E SIT4 S7.,SM,A. M ERIf)".JD 836Q 1209i 298-2M r2j S£�&2557 fix Page 14 Page 356 Meridian City Council Meeting Agenda March 3,2020— Page 120 of 222 Item#25. B. Preliminary Plat(dated: 9/5,L20112/7/20)&Phasing Plan SHELBURNE SOUTH-2020 PRELIMINARY PLAT MERIDIAN,IDAHO Ca / RRJECPRIEE V6J- rSHELBURNE j I 1 1 or sw \,ram y sEcrow �_ =0 6 N PROPOSED SHELRNRNE FASTSBB. 5 SUBO.N0.2 N 1 �� NNE j ;•� a INA,'v r PROPOSED .a SOUTHPARK SUB. ^- � .„maunwnvPur w.n e I � •w • r " 9 • ° �I � om. a s R �• _ m� ..a N e _ 5 i .,.. ra crN. •.. �3 n ffi a« ma. ,.. W \ e I g �mmwcEorn � w' - e :a �s a -E AMRV RRAB Pi Page 15 — Page 357 Meridian City Council Meeting Agenda March 3,2020— Page 121 of 222 Item#25. - .......... 1 � � 1 I. 1 I I ~ I 1 - I PHASE 1 ' PHASE 2 rr � � 1 MGM � I I I � I r� �1 HORIZONTAL SCALE IN FEET PRGUEGTNP. 19-=3-GS °"G FILE DESI6Nm..9Y 6T SHELBURNE SOUTH SUBDIVISION CIVIL INNOVATIONS,PLI_C DRAM BY am MERIDIAN.IDAHO 1043 E.PARX aWn GTE 101 GHEGKED BY 8T WISE ID 93712 PHME(206) IMUE WILE 11vKr& Asa-0181 WAZ ASSHOWN PHASING PLAN UEEf 1 OF 1 Page 16 — Page 358 Meridian City Council Meeting Agenda March 3,2020— Page 122 of 222 Item#25. C. Landscape Plan(date: 9,16,120192/12/20) &Nine Mile Creek Cross-Section LANDSCAPE CALCULATICN5 PLANT PALETTE a. u,.u.-., evrnawa w.e it 29. �.,rorDaw. a wxrtml � 0\4ux� rae �F mwe avma. a cx e.e 'SAW' Sh..YHN/ti5 m �A .. NOTES r max , 17 CMVELOPMENT DATA SHELBURNE SOUTH SUBDIVISION JENSENBE« MERIDIAN, IDAHO PRELIMINARY PLAT LANDSCAPE PLAN =--p—^ FEBKUARY 12,2020 Page 17 Page 359 Meridian City Council Meeting Agenda March 3,2020— Page 123 of 222 Item#25. r .MATC t.L,lr �s e � \ 11 ' BLOCK m id MATC uw Li 2 4 5,500 v€ b,9525F 1, 6,019 SF 54 a 1 55C0 IF BLOCNT '1 I ` '.15 K I43 4 •., � y. ..a 5500SF 5,500 IF r fi;Ox SE E.TAOAMIRA OR. - la a i$ 6,6005F Sj5006F 5,000 IF a 5,500 SF 5,500 SF 5.5005E i A 6,900 6F 6 : BLOCN5 u¢u - 1! S 7 5,50057 0 5,500 5F 6,C00 6F , �P W S .. 31 8LC7(7 g. :1Q 411 1 39 6u S MU IF '�+ S,SOO IF 560C SF 6.000 SF w� 5'::::.. I 5M6 SF 55C95F 3BxK ' = LU 56015F .. 1 60005E ' �� H Q 7) 0 U co 3,1636F„ E.SRATSOY Si AY, :-. W _ '�`,' Z 2 NOTESS Z) a < J LLJ 9 fl = 2 7,9f35F 7,428 IF' 7.666 SF IB it I ur,ra.in BLOCK I 03 OIF J 1 _ 8491 5� = I Q .665 6E } KEY MAP LL �:1 1 _ ONRY ROAD — © �,..•N,.��m -- ---- .. y L1 �y fy 'k f ` MATTIHLINI L�L. _ F MATCHLINE L2 MATCIILB�L3 { MATCHUNE L2 47, 82008'F I 1 b !, 5S093F f T♦I j4 60 SF � --- U—.-- �1.. 5 5m s, _. 6,B24 IF ...,:....:: �1 elm SF `0 4 BttK 345 a ffi25 a i s,z63 sF - s,sw IF s,s90 5F 5 n a s O°x co 6:fi00 sF 6600 �. LU O 8,2055E .p / W •-- _ 5' sF �i� NOT Q 0 � E.MIATYONST m ¢ 0. n . LU _ Y = Zi C 9 k 1 t ° ' 6LOCI(i Zi 305 6 3f 9 SF S L T KEY MP a . 6 55W.0 5 6,6255 F I 4 F AAt YR0AoT— ® 11-2 Page 18 Page 360 Meridian City Council Meeting Agenda March 3,2020- Page 124 of 222 Item#25. MA7CMLINE-LS-. { . \MATCHLINE L3 jj� � ., 71* 2� ,\ 13 ,1 35 6F 5 2i ! 48 55668E m 5L0 K I• r 14 I cs v Aq A In f 50 15 \ i 5,5006E �� „• Y.�,` ,\.� 16 \, ,- .. .... SIT IF ! 47 46 45 1r 91 ; 5 500 SF 5,500 IF 0 e I 9LCMAC z 5500 SF d 5,5ODEF E.DAMN 3T. ; " -_)05 F < 726e�s 1. �► 0 N 3 3F z oY— � r 1 L _ 5 Y .. Y 5`00 SF MATCHLINE L3 ;F W J MATCHLINE LI , LL LU PLANT P LETTE I M cWLI L3 r 31 NO TM NE r'u9 MATCHLNE L2 W KEY MAP 1 77� PLAN *,jj—� L3 PLANT PAL.E`TTE MA`CNLINE LS ^MATCHLINE L4 BLOCK 9,4626E 3 " 6979 IF Jr 1 n /may 6 T �0C SF ! �0 8 S \\ 65—F 1j E.AkAi DIL z \ rI a a C kMY, " F a f9 U 55005E i ry S NO gz �71 G B/�yCr MOCK 2 t1 W Z J 5.5005E W > c W \ _.°65= 55005F z \ 22 yy W � ` T.. — - 2 ;.. 5,5 005F KEY MAP a - .MATCHLINE L4 K MATCFi LZ 1 I I LANDSCAPE PL0.N ® L4 Page 19 — Page 361 Meridian City Council Meeting Agenda March 3,2020— Page 125 of 222 Item#25. l r\l.I=iCk w PRDF1DSE SHELP URN E EAST SUB. 7.Y� r.9 N BLCCN9 .... �� 33,433 sF { 1p I »i \ 10 x� 11 11 M.,11ixii Jy� 60005F 5500 sF ® l 50OSF C p LU No I J Z cc a r t, W z } = C h� -— __ 4 g a 7,721 sF ►� � -.MATS PIE L6 6.=iE F MAAT�LIN�LI W __ MATCHLINE L9 MATGHLINE L4 r KEY MAP Q. i 0 � I �y +I I L"' LRNC9CAPE '� PLAN L5 Pi.-ANT ETTE " ew a IN f ful.A FEWE »...xlAP •• ..•. �J TREE PLANTINGW TAKING TTm-_ry, i i �� �����'�� »i.i Y xi, F- ` %- NOTE5 DO cai LU Z a z cc OPEN VI51ON VINYL SLAT TOI' { ii x ii ii M 0 OSHRUB PLANYINri x:..e v—• » iii ixnni W 2 ii I�ni nn�ini i'iii'i ii II��i���i'ii n.........i.....i..... .i'uiin = 4 .[,,LL�,"�I ION` ri[ A z g .; w 'I „f lLLOF'MENT n-til-: a }-low - ---- o a . iw iii iiin+ iyu.a.w,mr.w�r. JLANP9CAPE II�11111" II-II II-I ��lll. �II I"e�A-U525 i iii i ii i»i i� i �»ii»»i »i� L6 Page 20 Page 362 Meridian City Council Meeting Agenda March 3,2020— Page 126 of 222 Item#25. V F1FI-H ,�.�.o.a..�r,e....�a.�NN W ., ,. - r�wr�.ro r me F'IGNIC.N IELTEk Yj z OU Q N (D a ❑ ,� k ..�.., ... ........ ... to z W ¢ ~ O BIKE RACK m Q a —_ W cc 11!LA PE i.,ww wa 11 II 1 ->.NATION .uae OMN WATERWAY TCAT..RE w« •� •~ L7 Page 21 — Page 363 Meridian City Council Meeting Agenda March 3,2020— Page 127 of 222 MATCH EMS 3:1 MAX SLOPE HORIZONTAL SCALE IN FEET SHELBURNE SOUTH SUBDIVISION NINE MILE CREEK TWICAL CROSS—SEC—ION Pro, Page22 Meridian City Council Meeting Agenda March 3.zOzo— Page 128of222 L--------� Item#25. D. Qualified Open Space Exhibit and Amenities Detail 12 [ r y4 4�W 1 6 TAOINM AL I _ .� E urxrrlo.n�_ [ f [ 1 tI a , I. I — _ ----- E AMIT11ROQ ------- Table 2:Open space calcufation breakdown PRELIMINARY PLAT DATA TOTAL ACRES 27.90 AC ZONING PUBLIC RIGHT-DF-WAY 6.00 EXISTING:RUT PROPOSED:R-8 RESIDENTIAL AREA 15.90 MINIMUM LOT SIZE(SF) TOTAL OPEN SPACE 6.00 SINGLE FAMILY 5,446 SF QUALIFIED OPEN SPACE 4.33 AVERAGE LOT SIZE QUALIFIED OPEN SPACE PERCENTAGE 15,52% 8,994 SF TOTAL LOTS 119 RESIDENTIAL GROSS DENSITY(DulAc) 3.55 SINGLE FAMILY LOTS 99 RESIDENTIAL NET DENSITY(Dulft) 6.23 COMMON LOTS 20 NOTE: DATA SUBJECT TO CHANGE UPON COMPLETION OF A SURVEY INCLUDES WILLIAMS HOME LOT AND PARCEL NE OF TEN MILE FEEDER CANAL Page 23 Page 365 Meridian City Council Meeting Agenda March 3,2020— Page 129 of 222 Item#25. oa i C o Ct r- 93-6" TYF}, Ilk 4 'z _}` Figure S. Picklebcaft Court Option ## 1��b��. *y�MiA• M Page 24 Page 366 Meridian City Council Meeting Agenda March 3,2020— Page 130 of 222 Item#25. E. Building Elevations/Architectural Elements ARCHITECTURAL ELEMENTSAND SINGLE-FAMILY HOUSING The architecture style of the Project wiII largely be a continuation of the existing Shelburne No.1 and No.2,and Shelburne East neighborhoods with a rnix of cornternporary forms and modern farmhouse styles.A rich blend of materials ' ranging from stove to stucco and board- and-batten siding materials is planned. with enriched natural colors.Dome sizes will range from 1,600 square feet to 2,200 square feet.Similar to the homes in Shelburne No.1,Shelburne No.2 and -- Shelburne East,a large percentage of homes in Shelburne South will be single `^ 4 story. Maxi murn building height will be 35 feet, Representative building elevations figure 3.Exampfe of House Architecture and floor plans are shown in Appendix D. �w 54 Pr _ 3i r Page 25 — Page 367 Meridian City Council Meeting Agenda March 3,2020— Page 131 of 222 Item#25. F. Conceptual Redevelopment Plan for Lot 1, Block 4 SHELBURN,E EAST SUBONt814N NO.1 4 • i o ` I � LOT 1,BLOCK 4 r i 1 ` r 4 r� romx BO in a w 110FUZONTAL SCALE IN FEET Fna�eT!la i�iass FU �"M �IN SHELBURNIE SOUTH SUBDIVISION CIVIL 1KNOVATIONS,PLLC FAMW Jrq M@mIAN,IDAHO !C EFIFI&O MIN :)bCK3 Ff 9r DXF,I0�2FHNE:= xa�m xu:[A- l'�a'ffiu nrwmfemr®ccon MU LOT 1,BLOCK.A-CONGEPTUAL.LAYOUT EXHIBIT 'h=Er 1OF1 Page 26 — Page 368 Meridian City Council Meeting Agenda March 3,2020— Page 132 of 222 Item#25. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION l. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption,and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat, phasing plan, landscape plan and conceptual building elevations included in Section VII and the provisions contained herein. b. The existing home proposed to remain on Lot 1, Block 4 shall hook up to City water and sewer services at the developers expense within 60 calendar days of such services becoming available in accord with MCC 9-1-4 and 9-4-8. At such time,the septic tank shall be abandoned and the well solely used for irrigation purposes. c. The address of the existing home on Lot 1,Block 4 shall change to be addressed off of S. Selatir Way when that road is constructed. 2. The final plat shall include the following changes from the preliminary plat included in Section VII.B, dated 9/3/19 2/7/20,as follows: a. Include Lot 1,Block 8 as a Ron- buildable common lot in Note#10. b. Add a note stating direct lot access via E. Amity Rd. is prohibited. c. Graphically depict a minimum 20-foot wide access easement from S. Selatir Way T 4 to the Freeman property(Parcel#S1 12843 85 80);the final plat should include a note referencing the recorded instrument number of this easement. 3. The landscape plan included in Section VII.C, dated 9/649 2/12/20, shall be revised with submittal of the final plat application as follows: a. Depict mitigation trees and calculations on the plan in accord with the standards listed in UDC 11-3B-10C.5. Coordinate with Elroy Huff, the City Arborist, at 208-371-1755 to determine mitigation requirements. b. Include calculations in the Landscape Calculations table for trees within the parkways at the entry of the development from E. Amity Rd. adjacent to S.Amorita Ave. demonstrating compliance with the standards listed in UDC 11-3A-17E and 11-3B-7C. c. Include calculations in the Landscape Calculations table for the trees along the pathway on the south side of the Nine Mile Creek in Block 4 demonstrating compliance with the standards listed in UDC 11-313-12C.2. d. ' epen vision 4ttiee top vinyl fenee along eewAnea afeas noted I* the PlapA Paleffe table to r-efleet thM de-pieted on the detail on Sheet L6 (i.e. 5' open vision lattiee top vinyl ght iron enc Replace the detail(#5 on Sheet L6 for the open vision iron fence with a 5' tall open vision lattice top vinyl fence as called out in the Plant Palette that complies with UDC standards for open vision fencing(see UDC 11-IA-1 Page 27 Page 369 Meridian City Council Meeting Agenda March 3,2020— Page 133 of 222 Item#25. e. en4The 5-foot wide pathway depicted in Lot 23,Block 4 f em 5 to 10 feet a-ad shall extend into the north and east(through Lot 3,Block 2)boundaries of the subdivision within an 8-foot wide public pedestrian easement for future extension and interconnectivity between neighborhoods. f. . horizontalwet4ieal) of the Nine Mile Creek in order-for the CeffiffiissiopXo"eil to detefmine i feneing should be required adjaeefA to the watefway to pfeser-ve publie safety as set fefth in T DG 1 3^ 6G ' The Applicant submitted an exhibit, included in Section VIII.C, depicting a 41�TZ �z-t-v�r. 3:1 typical slope of the Nine Mile Creek; based on this exhibit, the Council did not require fencing to be constructed adjacent to the creek. g. Depict 5-foot wide landscape strips on each side of the multi-use pathway that comply with the standards listed in UDC 11-3B-12C. h. Lot 1,Block 8 shall be improved with grass and irrigation and be maintained by the Homeowner's Association as agreed pon by the Applicant. 4. For lots accessed by the common driveway on Lot 6,Block 5, an exhibit shall be submitted with the final plat application that depicts the setbacks, fencing,building envelope and orientation of the lots and structures. Driveways for abutting properties that aren't taking access from the common driveway(s) shall be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. 5. Provide address signage for homes accessed by the common driveway on Lot 6,Block 5 for emergency wayfinding purposes. 6. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder for the common driveway on Lot 6,Block 5 which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the recorded easement should be submitted to the Planning Division prior to signature on the final plat by the City Engineer. 7. Development shall be limited to 30 building lots until such time as a secondary access that meets International Fire Code(IFC)is built and approved by the Fire Dept. 8. A public pedestrian easement shall be submitted to the Planning Division as required by the Park's Department prior to signature on the final plat(s)by the City Engineer for the multi- use pathway along the southwest side of the Nine Mile Creek from the east to the northwest (along the creek to the north boundary and along the access road to the west boundary) perimeter boundaries of the subdivision and along the northeast side of the Ten Mile Feeder Canal on the subject property. 9. Off-street parking is required to be provided for the proposed use as set forth in UDC Table 11-3C-6 based on the number of bedrooms per unit. 10. To ensure access is still provided to the Freeman property(Parcel#51128438580) once Shelburne East develops to the north and S. Selatir Ln. is removed, a cross-access easement for a minimum 20- foot wide driveway shall be required to that property acres Tot 1,Block 4. The preliminary pla easement.shall be r-evisedpr4or to the Couneil meeting to gr-aphieally r-efleet this A copy of the recorded easement shall be submitted prior to signature on the final plat by the City Engineer. Page 28 — Page 370 Meridian City Council Meeting Agenda March 3,2020— Page 134 of 222 Item#25. 11. All existing structures on the site that are not proposed to remain on a lot in the proposed subdivision shall be removed prior to City Engineer signature on the final plat phase in which they are located. shall consider-alternate pienie shelter styles t mateh the„ M,,,.t,,,o deypl o„� B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridianciU.oMIgublic_works.aspx?id=272. 1.2 There will be no redundant water mainline connection for homes to the west of Amortia Ave, however development to the west will correct this issue.Water connection from Shelburne East Sub to Amity must be completed by phase 3 of Shelburne East. 1.3 Applicant to provide sanitary sewer and water services to Lot 1,Bock 4, and the outparcel between Blocks 5 and 6. 1.4 Applicant shall modify their utility designs to exclude sewer and water mainlines within common drive Lot 6,Block 5. Services will need to extend from the mains in the public right-of-way. 1.5 Preliminary engineering submitted with this application does not show a water mainline extension in E. Amity Road to and through the project. This mainline is required,and needs to be included. 1.6 The water mainline extensions in the two eastern stub streets can be removed as the west boundary of this development is the extent of Meridian's service area. 1.7 Applicant shall provide a water mainline easement parallel with the sanitary sewer easement from the S. Courvoisier Place cul-de-sac to the north subdivision boundary for possible future water mainline connection to the neighboring north parcel. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2"x I I"map with bearings and distances(marked EXHIBIT B)for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. Page 29 Page 371 Meridian City Council Meeting Agenda March 3,2020— Page 135 of 222 Item#25. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. hi performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at(208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. Page 30 Page 372 Meridian City Council Meeting Agenda March 3,2020— Page 136 of 222 Item#25. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT http://weblink.meridiancioy.or lWebLink8/0/docl 79010/Pa ell..aspx D. POLICE DEPARTMENT http://weblink.meridiancily.orglweblink8/0/doc/180523IPa eg l.aspx E. PARK'S DEPARTMENT http://weblink.meridiancity.org/weblink8/0/doc/182020/Pagel.aspx F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) http://weblink.meridiancitE.ory wweblink8/0/doc/179920IPa el�.aspx G. BOISE PROJECT BOARD OF CONTROL http://weblink.meridiancily.orglWebLink8/0/doc/179277IPa eg l.wx H. NAMPA&MERIDIAN IRRIGATION DISTRICT hgp://weblink.meridianciU.oLvlweblink8/0/doc/179149/Pa e�spx Page 31 — Page 373 Meridian City Council Meeting Agenda March 3,2020— Page 137 of 222 Item#25. I. CENTRAL DISTRICT HEALTH DEPARTMENT http://weblink.meridianci U.orglweblink8101docll 79729/Pagel.aspx J. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) http://weblink.meridianciiy.org wweblink8101docl]79275IPa eg l.aspx K. WEST ADA SCHOOL DISTRICT(WASD) hgp://weblink.meridianciV.org/weblink8/0/doc/179848/Pa eg 1.aspx L. ADA COUNTY HIGHWAY DISTRICT(ACHD) http://weblink.meridiancit .oiorg/weblink8/0/doc/181794/Pa eg l.aspx IX. FINDINGS A. Annexation and/or Rezone (UDC 11-5B-3E) Required Findings: Upon recommendation from the Commission,the Council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the Applicant is proposing to annex and develop the subject property with 99 single-family residential dwellings in the R-8 zoning consistent with the MDR FL UM designation. (See Section V above for more information) 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment and development complies with the purpose statement of the residential districts in that it will contribute toward the range of housing opportunities available within the City consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed medium density residential uses should be compatible with adjacent existing and future residential uses. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The City Council finds City services are available to be provided to this development. The School District has submitted comments, included in Section VIII.K that currently show student enrollment is below capacity for the elementary(i.e. Silver Sage, although Hillsdale is currently capped) and above capacity for the middle and high school. 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation is in the best interest of the City if the Applicant complies with the conditions in Section VIII. Page 32 — Page 374 Meridian City Council Meeting Agenda March 3,2020— Page 138 of 222 Item#25. B. Preliminary Plat(UDC 11-613-6) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, ef£ 7-8-2008) The City Council finds the proposed plat is generally in conformance with the UDC if the Applicant complies with the conditions of approval in Section VIII. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; The City Council finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The City Council finds the proposed plat is in conformance with scheduled public improvements in accord with the City's CIP. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005, ef£ 9-15-2005) The City Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Page 33 — Page 375 Meridian City Council Meeting Agenda March 3,2020— Page 139 of 222 Item#26. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Community Development Block Grant Program Year 2020 Subrecipient Agreements for Boys and Girls Clubs of Ada County and Neighborhood Housing Services, Inc. DBA Neighborhood Works Boise Page 376 Item#26. SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND BOYS AND GIRLS CLUBS OF ADA COUNTY FOR PROGRAM YEAR 2020 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Subrecipient Agreement is entered into this -%y of 2020 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Boys and Girls Clubs of Ada County, a nonprofit charitable corporation organized under the laws of the state of Idaho ("Subrecipient"). WHEREAS, City is an entitlement community, and as such has applied for, and been granted authority to receive funds from the United States Department of Housing and Urban Development ("HUD") under Title I of the Housing and Community development Act of 1974, Public Law 93-383, i.e., Community Development Block Grant ("CDBG") funds; and WHEREAS,the City wishes to engage Subrecipient by way of this Agreement to assist the City in utilizing such funds and the CDBG program in a manner compliant with the requirements of 24 CFR Part 570 and 2 CFR Part 200, and all other federal, state, and local laws, statutes, regulations and/or requirements; and WHEREAS, City and Subrecipient wish to enter into a cooperative agreement for the investment of CDBG funds from Program Year 2020 ("PY20"); and WHEREAS, it is acknowledged by the Parties that although Congress has signed an appropriation bill committing the funds set forth in this Agreement, and HUD has notified City of its apportionment and approved the City's Action Plan, availability of CDBG funds to City, and thus to Subrecipient, is subject to Congressional release of such funds to HUD and HUD's release of such funds to City; and that City's obligation to provide funding to Subrecipient under this Agreement is provisional, pending the availability of such funds; NOW, THEREFORE, in consideration of the mutual covenants of the parties,the Parties agree as follows: I. STATEMENT OF WORK A. Activities. Subrecipient shall use City's PY20 CDBG funds in an amount not to exceed fifteen thousand dollars ($15,000). Subrecipient will be responsible for providing funding for low-to moderate-income families to participate in before and after school programs as well as summer programs at a flee or reduced cost, in a manner satisfactory to the City and consistent with any standards required as a condition of providing the funds. This project is eligible under (05L) Child Care Services. CDBG Funds will be used to reimburse for scholarships, The primary administrative office is located at 610 E. 42"d Street, Garden City. See Attachment I for a Inap of the service location. B. National Objective. Subrecipient certifies that the activities carried out using the City's CDBG hands provided by City under this Agreement will meet one or more of the CD130 program's National Objectives as defined in 24 CFR § 570.208(a)(2)(i). PY'20 SUsRECIPIENT ACREEMENT—BOYS AND GIRLS CLU13S OF ADA COUNTY PAGF 1 Or 24 Page 377 Item#26. C. Level of Service. Subrecipient's activities under this Agreement shall provide at least 40 total Units of Service over the term of this Agreement, For the purposes of this Agreement, "Units of Service" shall be defined as "low- to moderate-income youth," Subrecipient shall verify that the household income of clientele served by City's CDBG funds, as defined in 24 CFR § 5.609, does not exceed the maximum limits as determined by the U.S. Department of Housing and Urban Development. The current income guidelines are located in the Subrecipient Toolbox at littps:Ilnieridiancity.or,g/cdbg?. D. Staffing. Subrecipient agrees that CDBG fiends provided under this Agreement will not be utilized for staffing. E. Project schedule. Subrecipient shall submit a signed, dated, and detailed Project Schedule. The Project Schedule must indicate the start and end dates for different project elements. The Project Schedule shall be submitted as a companion document with this Agreement. A revised Project Schedule shall be submitted when delays of thirty(30) days or more are anticipated or experienced. E. Special Conditions. 1. Subrecipient understands and agrees that the allocation of CDBG funds may be used to provide services and programs only to City of Meridian residents. If applicable, Subrecipient shall verify that any and all persons who receive funds granted to Subrecipient pursuant to this Agreement ("Client") a) reside within the city limits of Meridian, Idaho and b) meet the current CDBG income eligibility guidelines. Subrecipient must deem any Client who does not greet the above requirements to be ineligible to receive CDBG funds and $hail suspend use of federal funds for the Client. 2. Subrecipient certifies that Subrecipient is in compliance with all applicable Fair Housing Laws, Section 504 of the Rehabilitation Act, and Americans with Disabilities Act requirements. 3. City reserves the right to make unannounced visits to Subrecipient's location in order to verify compliance with all program requirements. 4. If applicable, Subrecipient may utilize the Determining Annual Household Income form located in the Subrecipient Toolbox at https://mei-idiancity.orglcdbg/ to determine annual household income of any or all Clients based on CDBG criteria, G. Time of performance. Services of Subrecipient shall start on or after October 1, 2020 and end on September 30, 2021. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. II. SUBRECIPIENT'S ADMINISTRATIVE REQUIREMENTS A. General Compliance. Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations concerning Community Development Block Grants (CDBG) including subpart I{of these regulations, except that(1) Subrecipient does not assume the City's environmental PY20 SUBRECIFIENT AGREEMENT—BOYS AND GIRLS CLUBS of ADA COUNTY PAGE 2 OF 24 Page 378 Item#26. responsibilities described in 24 CFR 570.604 and (2) Subrecipient does not assume the City's responsibility for initiating the review process under the provisions of 24 CFR Part 52, and all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this Agreement. A copy of the Environmental Review Record is included as Attachment 5, B. [Uniform administrative requirements. Subrecipient shall comply with applicable uniform administrative requirements, as described in 24 CFR § 570.502. C. Performance monitoring. City will monitor the performance of Subrecipient against goals and performance measures as set forth herein. Performance monitoring shall include City's review ofSubrecipient's submitted documents for accuracy and completion, as well as a risk analysis that will determine if the City will conduct a desk review and/or an on-site visit from City's Community Development Program Coordinator to review the completeness and accuracy of records maintained. A copy of the risk analysis for Subrecipient is included as Attachment 2, Substandard performance as determined by City shall constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within fourteen days (14) after being notified by City, City shall initiate termination procedures. Additionally, Subrecipient will be allowed no more than three noncompliance performance standards throughout the contract. Noncompliance includes, but is not limited to: missing a deadline, providing inaccurate monthly data, delinquent progress report submission, and/or not providing correct supporting documentation. The first occurrence will result in a warning; the second a formal letter of noncompliance; and the third will result in a formal letter notifying Subreceipient that Subrecipient is not eligible to request funding for the following grant cycle. City may share Subrecipient performance and monitoring results with other local CD13G grantees and/or agencies who are providing funding to Subrecipient, D, Budget. Subrecipient shall adhere to the budget included as Attachment 6. Subrecipient shall obtain written approval from City prior to any change in use of funds. E. Progress Reports. Based on the results of Subrecipient's risk analysis, Subreceipient shall submit progress reports quarterly via the City's online portal, Instructions on submitting progress reports are located in the Subrecipient Toolbox at https;//nic.ridiancity.org/cdbg/. Progress reports will be due 10 days after the last day of the reporting period, if progress Reports are delinquent, reimbursement requests will not be processed until the delinquency is cured. Subrecipient must timely submit Progress Reports even if no activities are conducted within the reporting period. F. Supplementation of other funds. Subrecipient agrees to utilize funds available under this Agreement to supplement,rather than supplant, funds otherwise available. G. Client Data. If applicable, subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: client name, address, income level or other basis for determining eligibility, race, ethnicity, and description of service provided. Such information shall be made available for review upon City's request. PY20 5UBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUBS OF ADA COUNTY PAGr.3 OF 24 Page 379 Item#26. Subrecipient understands that client information collected under this Agreemmnt is private and the use or disclosure of such information, when not directly connected with the administration of City or Subrecipient's responsibilities under this Agreement, is prohibited by the Financial Privacy Act unless written consent is obtained from such person receiving service and, in the case of minor, that of responsible parent/guardian. H. Closeout. Subrecipient's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but shall not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to City), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that Subrecipient has control over CDBG funds, including program income. 1. Audits and inspections. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to City, HUD or its agent, or other authorized federal officials, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. Any deficiencies noted in audit reports must be fully repaired by Subrecipient within thirty(30) days after receipt of such report by Subrecipient. Failure of Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Subrecipient shall comply with 2 CFR § 200.501,which requires that all non- Federal entities that expend $750,000 or more in Federal awards, in one year, have a single or program-specific audit. J. Suspension and Debarment. Pursuant to 2 CFR Part 180 and 2 CFR Part 200, Appendix II, section (H), Subrecipient is prohibited from contracting with any party that is suspended or debarred, i.e., listed on the governmentwide exclusions in the System for Award Management. K. Payment Procedures. 1. Indirect Costs. The City shall not reimburse Subrecipient for indirect costs. 2. Payment Procedures. City will pay to Subrecipient funds available under this Agreement based upon information submitted by Subrecipient and consistent with any approved budget and City policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by City in accordance with advance fund and program income balances available in Subrecipient's accounts. In addition, City reserves the right to liquidate funds available under this Agreement for costs incurred by City on behalf of Subrecipient. 3. reimbursement requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed AMOUNT IN WORDS. ($AMOUNT). City will not accept or process reimbursement requests prior to City's reception of Congressional Release of Funds;the Community Development Program Coordinator shall notify Subrecipient of such release and the opportunity to submit reimbursement requests. Reimbursement requests for the payment of eligible expenses PY20 SUBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUBS OF ADA COUNTY PAGE 4 Or 24 Page 380 Item#26. shall be made against the activity specified, in accordance with performance, and as expenses are incurred by Subrecipient. Reimbursement requests shall only be accepted via the City's online portal and must be completed in full to be processed. Instructions to submit reimbursement requests are located in the Subrecipient Toolbox at https:l/meridiaiicity.org/cdbg/. All reimbursement requests are to be submitted as needed in coordination with the Community Development Program Coordinator. Reimbursement requests shall include the following: transaction detail completed for the relevant draw request period and proof of payment by Subrecipient (such as copy of check and bank transaction information showing payment of check, copy of receipt of payment by contractor or subcontractor, and/or other relevant documentation of payment). Reimbursement requests must be submitted within fifteen (15) calendar days from the close of each month of the program year except for the final reimbursement request. Subrecipient's final reimbursement request under this Agreement must be submitted by Subrecipient no later than October 30, 2021 and must include a Closeout Certification form which can be found in the Subrecipient Toolbox at ]tttps://.Iiieridiancity.org/edbg/. Subrecipient shall forfeit reimbursement for any costs not requested within the timeframes set forth in this provision, unless otherwise authorized, in writing, by City. 1. Reversion of assets to City. Pursuant to 24 CFR § 570.503(b)(7), upon expiration or termination of this Agreement, Subrecipient shall transfer to City any and all CDBG funds on hand at the time of expiration and any and all accounts receivable attributable to the use of CDBG funds. 2. DUNS number. Subrecipient shall comply with requirements established by the Office of Management and Budget ("OMB") concerning the Dun and Bradstreet Data Universal Numbering System("DUNS"), the Central Contractor Registration database, the System for Award Management ("SAM") and the Federal Funding Accountability and Transparency Act, including Appendix A to 2 CFR part 25, and 2 CFR § 170.320, L. Documentation required prior to real estate transactions. Where City's CDBG funds are used for real estate acquisition, as early as practicable, and not less than two (2) weeks prior to the completion of each transaction, Subrecipient shall provide the address of real property under consideration to City for floodplain and related environmental review. Failure to provide the address of the housing unit under consideration in advance of the anticipated close date may result in added expenses for the beneficiary or Subrecipient, or refusal of reimbursement by City. Subrecipient shall maintain real property inventory records that clearly identify properties purchased, improved, rented, or sold. M. Housing Affordability. Where the City's CDBG funds are used for homeownership assistance, the housing must qualify as affordable per Section 215 of the National Affordable Housing Act. N. National Objectives met for five(S)years. Pursuant to 24 CFR § 570.503(b)(7)(i), real property that is acquired or improved, in whole or in part, with Bands under this Agreement in excess of$25,000 shall be used to meet one of the CDBG National Objectives until five(5) years after expiration of this Agreement. If the use of the CDBG-assisted real property fails to meet a CDBG National Objective for this prescribed period of time, Subrecipient shall pay City an amount equal to the current market value of the property, less any portion of the value PY20 SU13RECIPIFNT AG1 EWENT—Boys AND GIRLS CLUDS OF ADA COUNTY PAGE 5 OF 24 Page 381 Item#26. attributed to expenditures of non-CDBG funds for acquisition of or improvement to the property. Such payment shall constitute program income to City. Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period. O. Compliance with procurement policies. Subrecipient shall comply with current Federal, State, and City policies concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided hereunder. P. Sale of equipment. In all cases in which equipment acquired in whole or in part with funds under this Agreement is sold, the proceeds shall be program income, prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment. Equipment purchased with funds received under this Agreement but not needed by Subrecipient for activities under this Agreement shall be (a)transferred to City for the CDBG program or(b) retained after compensating City an amount equal to the current fair market value of the equipment less the percentage of non-CDBG funds used to acquire the equipment. Q. Program income. 1. Remittance at end of program year. Pursuant to 24 CFR § 570.503(b)(3) and Pursuant to 24 CFR § 570.504(o), at the end of the program year, the City may require remittance of all or part of any program income balances, including investments thereof, held by Subrecipient, except those needed for immediate cash needs, cash balances of a revolving loan fund, cash balances from a lump sum drawdown, or cash or investments held for section 108 security needs. 2. Recording program income. Pursuant to 24 CFR § 570.504(a),the receipt and expenditure of program income shall be recorded as part of the financial transactions of the grant program, 3. Disposition if received before closeout. Pursuant to 24 CFR § 570.504(b)(1), program income received before grant closeout may be retained by the recipient if the income is treated as additional CDBG fiends subject to all applicable requirements governing the use of CDBG funds, and will be subject to all provisions of Pursuant to 24 CFR §§ 570.504(b) and (c), both prior to and upon closeout. R. Records and reports. 1. Records to be maintained. In addition to specific records mentioned in this Agreement, Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including, but not limited to,those required by the Federal regulations specified in 2 CFR § 200.302(b) and 24 CFR § 570,506, including: a. Full descriptions and records of each activity undertaken; b. Records related to activities meeting the National Objectives; c. Records required to determine the eligibility of activities for CDBG funding; d, Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity PY20 JUBRECIPIENT AGREEMENT-BOYS AND GIRLS CLUDS OF ADA COUNTY PAGE 6 OF 24 Page 382 Item#26. components of the CDBGProgram; f. financial records, as required by 570.506(h); and g. Other records necessary to document compliance with 24 CFR Part 570, Subpart K. 2. Records retention. Subrecipient shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement, defined as the date of the submission ofCity's final annual performance and evaluation report to HUD. Records for non-expendable property acquired with funds under this Agreement shall be retained for five(5) years after final disposition of such property. If, prior to the expiration of the five-year period, any litigation, claims, audits, negotiations or other actions begin that involve any of the records cited, such records shall be retained until completion of the actions and resolutions of all issues, or the expiration of the five-year period, whichever occurs later. III. EMPLOYMENT AND LABOR_CONDITION REQUIREMENTS A. Equal Employment Opportunity. Per 2 CFR Part 200, Appendix II, section (C) and 41 CFR § 60-1.4(b), the equal opportunity clause set forth in 41 CFR § 60--1.4(b) is incorporated herein by reference, and shall apply as though set forth fully herein. B. Civil Rights Act. Subrecipient agrees to comply with 'f itle VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title 1 of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1974, the Americans with Disabilities Act of 1990,the Age Discrimination Act of 1975, Executive Order 1 ]063, Executive Order 1 1246 as amended by Executive Orders 11375 and 12086, and 24 CFR §§ 570.601 and 570.602. Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. C. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR § 570.607. The applicable non-discrimination provisions in Section 109 of the Housing and Community Development Act of 1974 (24 CFR § 6) are also applicable. Subrecipient will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. Subrecipient will take affirmative action to insure that all employment practices are free from such discrimination, Such employment practices include but are not limited to the following; hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship, D. ADA Section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 701 et seq.), which prohibits discrimination against the handicapped in any federally assisted activities. City shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. PY20 SUBRECIPIFNT AGREEMENT—BOYS AND GIRLS CLUBS OF ADA COUNTY PAor.7 OF 24 Page 383 Item#26. E. Small, Women-and Minority-Owned Businesses. Per 2 CFR §2.00.321, Subrecipient must take all necessary affirmative steps to assure that small businesses, minority businesses, women's business enterprises, and labor surplus area firms are used when possible F. Affirmative Action, Subrecipient agrees that it shall be committed to carry out pursuant to City's specifications an Affirmative Action Program in keeping with the principles as provided in president's Executive Order 11246 of September 24, 1966. City shall provide Affirmative Action guidelines to Subrecipient to assist in the formulation of such program. Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. C. Notice to workers. Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. H. Solicitations for employment. Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. I, Drug Free Workplace, Subrecipient certifies it is in compliance with the Drug-Free Workplace Act of 1988 (42 U.S.C. 701) which requires grantees (including individuals) of federal agencies, as a prior condition of being awarded a grant,to certify that they will provide drugfree workplaces. Each potential recipient must certify that it will comply with drugfree workplace requirements in accordance with the Act and with HUD's rules at 24 CFR part 24, subpart R J. Faith-based organizations. Pursuant to 24 CFR § 570.2000), if Subrecipient is a Faith-based organization, Subrecipient agrees to expend funds provided under this Agreement in accordance with 24 CFR § 5,109. K. Labor standards. Per 2 CFR Part 200, Appendix 11, section (D), Subrecipient agrees to comply with all applicable requirements of the Secretary of Labor in accordance with the Davis-Bacon Act (40 U.S.C. §§ 3141-3144, and 3146-3148) as supplemented by Department of Labor- regulations (29 CFR Part 5) as amended. In accordance with the statute, Subrecipient or Subrecipient's subcontractor must pay wages to laborers and mechanics at a rate not less than the prevailing wages as specified in a wage determination made by the Secretary of Labor. In addition, Subrecipient or Subrecipient's subcontractor must be required to pay wages not less than once a week. Subrecipient must include a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. Further, the provisions of Agreement Work Hours and Safety Standards Act; the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3), Linder which Subrecipient or Subrecipient's subcontractor is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled. Subrecipient further acknowledges and agrees that all contractors engaged under contracts in excess of$2,000.00 for construction, renovation or repair of any building or work Financed in whole or in part with assistance provided under this Agreement shall comply with Federal PY20 SUBRECIPIENT AGREEMENT—BOYS AND GIRLS CLUas OF ADA COUNTY PAGE 8 Or 24 Page 384 Item#26. requirements pertaining to such Agreements and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Subrecipient or its subcontractors of its obligation, if any, to require payment of the higher wage. per 2 CFR Part 200,Appendix 11, section (E),the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 3701--3708)applies to contracts in excess of$100,000. L. Conflicts of interest; nepotism. Subrecipient agrees to abide by the provisions of24 CFR. § 570.611. Further, no person who exercises or has exercised any function or responsibility with respect to CDBG-assisted activities, or who is in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in activities funded under this Agreement, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter, M. Rights to Inventions. Per 2 CFR Part 200, Appendix 11, section (F), if Subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work , Subrecipient must comply with the requirements of37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. N. Lobbying; political activities. Subrecipient hereby certifies that; No Federal appropriated Funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Inember of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal agreement,the malting of any federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal agreement, grant, loan, or cooperative agreement; If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; Subrecipient will require that the following language be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly: "This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to PY20 SUBRECIPIENT AGREEMENT—BOYS AND CARL5 CLUBS OF ADA COUNTY PAGE 9 Or 24 Page 385 Item#26. file the required certification shall be subject to a civil penalty of not let less than $10,000 and not more than $100,000 for each such failure." The foregoing certification is a material representation of fact upon which reliance is placed by City. Per 31 U.S.C. § 1352 and 2 CFR Part 200, Appendix I1, section (I), submission of this certification may be a prerequisite for making or entering into this transaction. Subrecipient further agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engage in the conduct of political activities in violation of the Hatch Act(Title V, Chapter 15, U.S.C.). 0. Section 3 of the Housing and Urban Development Act of 1968. I. Compliance. Compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701) ("Section 3"), the regulations set forth in 24 CFR Part 135, and all applicable rules and orders issued thereunder prior to the execution ofthis Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and shall be binding upon City, Subrecipient and any of Subrecipient's contractors and/or subcontractors. Contractors with contracted amounts under $200,000 and subcontractors with contracted amounts under $100,000 are exempt from this requirement. Failure to fulfill these requirements shall subject City, Subrecipient and any of Subrecipient's contractors and subcontractors,their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. 2. Subcontract language. Subrecipient further agrees to include the CDBG Supplemental General Conditions in all applicable subcontracts executed under this Agreement. The CDBG Supplemental Conditions can be found in Attachment 7 (if applicable) and includes the Section 3 clause located at 24 CFR Part 135.38. 3. Employment of low- and very-low-income persons. Subrecipient further agrees to ensure that opportunities for training and employment arising in connections with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction projects are given to low and very-low income person residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low and very low income persons within the service area of the project or the neighborhood in which the project is located, and to low and very low income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to business concerns that provide economic opportunities for low and very low income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns which provide economic opportunities to low and very low income residents within the service area of the neighborhood in which the project is located, and to low and very low income participants in other HUD programs. Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. MO SuamcI4 Fwr AGRBrMENT—BoY5 AND GIRL$CLUBS of ADA COUNTY Nor,10 01;24 Page 386 Item#26. 4. Notifications. Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. 5. Subcontracts. Subrecipient will include this Section 3 clause in every applicable subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency, Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. IV.ENVIRONMENTAL CONDITIONS No funds will be released until City conducts an environmental assessment and makes a determination of"No Significant Impact" in compliance with 24 CPR Part 58 and other federal, state, and local laws and regulations. If applicable, the City will issue a Notice to Proceed once the environmental review is completed and is accepted by the City and/or HUD. A. Airand Water, Subrecipient specifically agrees to comply with the following regulations insofar as they apply to the performance of this Agreement: 1. Clean Air Act, 42 U.S.C. §§ 7401, et seq. and 2 CFR Part 200, Appendix 11, section (G). 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq., relating to inspection, monitoring, entry reports, and information, as well as other requirements specified in said Act, and all regulations and guidelines issued thereunder. 3. Environmental Protection Agency(EPA) regulations pursuant to 40 C.F.R. Part 50. B. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001), Subrecipient shall assure that for activities located in an area identified by f EMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained, and shall assure compliance with Title 10, Chapter 6, Meridian City Code, as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead-Based Paint. an agrees Subrecipient a that construction or rehabilitation of residential p g Y structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations, 24 CFR Part 35, implementing Title X of the Housing and Community Development Act of 1992. These regulations revise the CDBG lead based paint requirements under 24 CFR § 570,608. Such regulations pertain to all CDBG-assisted housing and require that al l owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood level screening for children under seven. The notice must also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The PY20 SU13RE-CIIIIENT AGREEMENT—BOYS AND GIRLS CLUBS OF ADA COUNTY PAGE 11 Or 24 Page 387 Item#26. regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470) and the procedures set forth in 36 CFR Part 800, Advisor Council on Historic Preservation Procedures for Protection of Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years or older or that are included an a Federal, state or local historic property list. V. GENERAL CONDITIONS A. Appropriation. It is acknowledged by the Parties that although Congress has signed an appropriation bill committing the funds set forth in this Agreement, and HUD has notified City of its apportionment and approved the City's Action Plan, availability of CDBG funds to City, and thus to Subrecipient, is subject to Congressional release of such funds to HUD and HUD's release of such funds to City. Unless and until HUD releases the funds, City shall have no contractual, legal, or equitable obligation to Subrecipient. In the event that CDBG funds are not made available to City, whether by Congress or by HUD, this Agreement shall be void, and City shall have no obligation to Subrecipient, whether under this Agreement or under any legal or equitable claim. B. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows; If to City: If to Subrecipient: City of Meridian Boys and Girls Clubs of Ada County Attn: Crystal Campbell, Community ATTN: Colleen Braga, Executive Director Development Program Coordinator 610 E. 42"d Street 33 E. Broadway Avenue Garden City, ID 83714 Meridian, Idaho 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. C. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning CDBG funds, including, but not limited to, 24 CFR Part 570 and subpart K of such regulations. Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this Agreement, except that: (1) Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR § 570.604; and (2) Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 58. D. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Subrecipient shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement. City shall provide no benefits or insurance coverage whatsoever to Subrecipient and/or to its agents. PY20 SUBRECIPIEN r AaPFE-MENT—BOYS AND GIRLS CLUBS or ADA COUNTY PAGa 12 OF 24 Page 388 Item#26. E. Indemnity. Subrecipient, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in Subrecipient's programming, shall hold harmless, defend and indemnify City from and for all such losses, claims, actions, and/or judgments for damages or injury to persons or property and/or losses and expenses caused or incurred by Subrecipient and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and participants in its programming, and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by Subrecipient and/or Subrecipient's employees, agents, contractors, subcontractors, officials, officers, servants, guests, invitees, participants, and/or volunteers and resulting in and/or attributable to personal injury, death, and/or damage and/or destruction to tangible or intangible property. F. Workers' Compensation, Subrecipient shall maintain workers' compensation insurance coverage, in the amount required by Idaho law, for all employees involved in the performance of this Agreement. G. Insurance. Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage. At a minimum, Subrecipient gust provide the equivalent insurance coverage for real property and equipment acquired or improved with CD$G funds as provided to property owned by the non-Federal entity. For construction or facility improvement contracts or subcontracts exceeding the simplified acquisition threshold as defined in 41 U.S.C. 134 and Appendix 11, section(A), Subrecipient must comply with bonding requirements set forth in 2 CFR § 200.325. H. Grantee Recognition. Subrecipient shall ensure recognition of the role of the City in providing services through this Agreement. All activities, facilities and items utilized pursuant to this Agreement shall be prominently labeled as to funding source. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. Y. Amendments. The parties hereto may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each party, and approved by City's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release either party from its obligations under this Agreement. City may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both parties. J. Termination (see 2 CFR Fart 200, Appendix II,section (B)). i. Termination for convenience. Either party may terminate this Agreement by, at least thirty (30) days before the effective date of such termination, giving written notice to the other party of such termination and specifying the effective date thereof. 2. Termination for cause. Termination of this Agreement, in whole or in part, may occur for cause, which shall include, but shall not be limited to, the following; PY20 SUBRECIPIENT AGREEMENT—BOYS AND GiRLs CLUBS Of ADA COUNTY PAGE 13 Or 24 Page 389 Item#26. a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders,and HUD guidelines, policies or directives as may become applicable at any time; b. Failure to fulfill in a timely and proper manner its obligations under this Agreement; c. Ineffective or improper use of funds provided under this Agreement; or d. Submission of reports that are incorrect or incomplete in any material respect. Either Party may terminate this Agreement for cause by providing written notice to the other of the basis of termination. The defaulting Party shall have fourteen(14) days to curs the deficiency or non-compliance. If the deficiency or non-compliance is not cured within this time period, the other Party shall terminate this Agreement for cause. In addition to termination of this Agreement and/or any other remedies as provided by law, City may declare Subrecipient ineligible for any further participation in City CDBG programming, 3. Work completed. In the event of any termination, all finished or unfinished documents, data, studies, surveys, maps, models, drawings, photographs, reports, and/or other materials that are the property of and prepared by Subrecipient under this Agreement shall become the property of City, and Subrecipient shall provide same within seven (7) days ofCity's demand therefor. Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. K. Assignment. Subrecipient shall not assign or transfer any interest in this agreement without prior written consent of City; provided, however, that claims for money due or to become due to Subrecipient from City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any assignment or transfer shall be furnished promptly to City. L. Subcontractors. 1. City must approve. Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of City. All subcontracts enterer/ into in the performance of this Agreement shall be awarded pursuant to any applicable provisions of the City Purchasing Policy and/or local, state, or federal laws. 2. Monitoring. Subrecipient shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance, Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by City, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 3. Subcontract content. Subrecipient shall cause all provisions of this Agreement in their entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. Specifically, without limitation, Subrecipient shall include the provisions of this Agreement regarding Civil Rights and Affirmative Action in every PY20 5UBRECIPTENT AGREEMLNT—BOYS AND GIRLS CLUBS QF ADA COUNTY PAGE 14 Or 24 Page 390 Item#26. subcontract or purchase order, specifically or by reference, to ensure that such provisions will be binding upon all subcontractors. 4. Documentation. Executed copies of all subcontracts shall be forwarded to City along with documentation concerning the selection process. M. Relocation, real property acquisition, and one-for-one housing replacement. Subrecipient agrees specifically, without limitation, to comply with: 1, The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); 2. The requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under 24 CFR part 42,subpart B; and 3. The requirements in 24 CFR 570.606(d) governing optional relocation policies. Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBO-assisted project. N. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements, O. Severability. If any provision of this Agreement is held to be invalid, the remainder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. P. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. Q. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. R. Attachments. All attachments and/or exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. S. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and Subrecipient. PY20 SUaRECIPIE r AQRLLMENT—BOYS AND GIRLS CLUBS or ADA COUNTY PAar:15 Or-24 Page 391 IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT : Boys and Girls Clubs of Ada County Colleen Braga, Executive bAgector CITY : City of Meridian Attest : B obeil . Si ' son, Mayor r ' oh City Clerk PY20 SUBRECIPIENT AGREEMENT Boys AND GIRLS CLUBS OF ADA COUNTY PAGE 16 OF 24 Item#26. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. SUSRECIPIENT: Boys and Girls Clubs of Ada County Q-ALJ� Colleen Braga, Executive cctor CITY: City of Meridian Attest; By, Robert E. Simison, Mayor Chris.lohnson, City Cleric PY20 S[1ARPOMENT AGPEEMf-;NT-BAYS AND GIRLS CLUBS of ADA COUNTY PAGE 16 OF 24 Page 392 Item#26. Attachment 1; Location of Service Area Meridian City Limits 1 d x+.a ww•N .rYYPa wu.wn�l ",, ��u,,,x. t ww•,. Y.'r,....��.. Yam_,r.. ', I., xl 9 h �., � SM1hYrN WlrP1Y�N WIC. � „. i L;• ww rPr.YN PWgN lSMWb yWY�,y41 ww'gN [MrylY I1�..J�.. aL..YN M � �," I I •}urrw+N POLICYMr<!JP PY20$U4RECIPIENT AGREI,+MENT—BOYS ANR GIRLS CLUBS OF ApA COUNTY PAGE 17 OF 24 Page 393 Item#26. Attachment 2: Risk Analysis SUmmary Risk Analysis Worksheel Organization goys and Girls ClUbs of Ada Program 2020 AwardS15,000.00 Name County Year Total Points darmmf y 248 Risk Level Low Text Steps Desk Revievr t�kuJared Poirit Value Cagtracted Dolrars weight: G $30,000-Above 10 $20 00o-E29,999 8 315,000-$1 tT 99H 6 G 413 $10,000-$14 999 4 s0-S9,999 2 Pr ram Ovemi ht weight: G Audit with moderate to serious findings '10 No Audit Although Required 10 Current Audit Not Provided 10 q $ Financial Audit andfor Compliance Audit Avail3l)le 1 Audit with minor findings 1 71 pe of Contract weight: G Pu1)lic Service 10 Economic Development 8 Neighborhood Revitalization G 10 60 Acquisition/Construction 8 Public facilities,planning,iniraztructure 4 Number of Clients Served weigh#: G 50+ $ 25-49 ti 36 Less than 2S d Key Organizational Change weight; G Executive Director& Financial Manager 10 Executive Director anftr Financial Manager 7 Protirarn DirectoWana er 4 2 12 None 2 Goals weight; 6 Essential to accomplish Con Plan goals 10 Not-essential for accomplishment of Con Plan goals 1 2 2 12 Program Participants weight; 6 CUBG Program did not bagin oil$61edurerdelayed 10 New Pro rani 8 2 12 CDBG Pro Tarn began on ochedule 2 Performance Measurements Weight; a 5ubrecipient ha;history of not Submitting report timely '10 New Program a E[ 4 24 Sailrrecipien#has#�istery df sut�nroitting reports timely 4 Contract Experience History weight: 6 New Program 10 'I - 3 years 5 2 11) 4 year-9 + 7 PY20 SU13RF-CIPIENT AGRELMCNT—BOYS AND GIRLS CLUBS OF ADA COUNTY PAGE 18 OF 24 Page 394 Lost Sunimary Risk Analysis Worksheel Grant of renewed 10 Less t MajorCurrent . would affect potential for payment error 10 New Program 6 r r Findings-thatCurrent Concerns.' . provider's ■ Community Development Program ■■ a , ■ Level of Risk The Boys and Girls Club has not Law Risk B,4edium Risk High Risk i�B-375 paints J26-4P5 faints qFG-Tr58 pofrrts Project requires a ntireimum frrojec#s will be monitored vla Ir+temel bi�nnus!desk Projects wiN receive ptidrity far amount of nlonitgring. moniinrings end on�ike m4rritoring na lea$lttsrl every monitoring. High priority activities Acliviti�K under this category trvo years. The an-site monitoring review will be wlll g�ea'Yerelly he monitored will ye rnnniiored prin��riry via conducle�d pfefera4ly uvithin the>iirst six moo#hs of the annually within the Brat 6 mauithg in.#ems!desk monitoring chosen program year, based upon#rie iesulls of the of the program year. High-risk prpCodt[res air an annual basis, monitoring vial#,staff will determine the need Tar and suhreci,pients may alSp be unless sihrations dictate frequency of additional ieChlw6C&d assistance visitx required to submit irdditiona[ otherwise. On-wile~monitoring andlnr an-site camplian.rie reviews. These activdiea documr±ntsban as nescted with will generally tyke place at[east Wilt generally he monitored alter high priority activities quarterty reports to allow far once every tMro years. have been adequately addreaseci. Progress reportri closer evaluation U(the pro9eCt Progreay reports will be will be required monthly- through desk n�anitoring. reyuirpd quarterly. Progress reports wll be required 81 least monthly. CcrmmEnts had any major concerns- Sbff will Coritinue to offer I I echnical nssiabnce aR needet. PY20 BOYS r GIRLS CLU13S or ADA COUNTY ; Item#26. Attachment 3: Signing Authority Complete the form to designate signing authority. --, Subrecipient Name: S o4r� t 1,* 4 a.XN-� y Project Name: Program Year: 201.0 Start Date: t0-0I- 2Q End Date: OR-30—'Ll 4 Name Title Authorized to sign for(check all that — apply): Identifying Signature Ei—financial [� ntractual Name — Title Authorized to sign for(check all that apply) Identifying Signature ❑ Financial ❑ Contractual Name Title Authorized to sign for(check all that apply) Identifying Signature ❑ Financial ❑ Contractual Signing authority for the above individuals is authorized by: Name Title S igna c Date PY20 SUBRECIPIEM,AaREE.MENT—BOYS AND GIRLS CLU135 OF ADA COUNTY PAGE 20 Or 24 Page 396 Item#26. Attachment 4: Federal Certifications The following are required as referenced below. SUbrecipient Name: O�rnt� , �u,, 1 � Project Name: v�a. sh� s - oe�r IDar`, 3or �y y-y Program Year: 2-02-0 Start Date: lO -t- 2-0 End Date: C:1-3 O-."Lk Subrecipient maintains a policy far and complies with the following: Yes No NIA Policy l- ❑ ❑ ADAISection 504 [29 U.S.C. § 701] p• ❑ ❑ Confidentiality [2 CFR § 200.303(e)] Ca' ❑ ❑ Conflict of Interest [2 CFR § 200.318(c)(1); 24 CFR § 570.611] Er ❑ ❑ Drug Free Workplace [24 CFR part 24, subpart F] 5 ❑ ❑ Equal Employment Opportunity [2 CFR Part 200;41 CFR § 60-1.4(b)] ❑ ❑ Fair Housing [Fair Housing Act] (if applicable) [ ❑ ❑ Nondiscrimination [24 CFR § 570.6071 ❑ V Procurement [2 CFR § 200.318(a)] (if applicable) Is Subreceipient a nonprofit entity? ERIf'es ❑No Per 2 CFR § 200.415 major nonprofit organizations I are ineligible for this funding. If the agency is a nonprofit, please select one of the following: i rganization is not a major nonprofit organization. ❑ Organization is a major nonprofit organization. By signing this farm, I certify the above is true and correct to the best of my knowledge. --0-'*wt4Ln 7-3ra§.� in-uk;ve Name 413 Title - y S ignature Date A major nonprofit organization is defined in §200.414(a)as an organization receiving more than$10 mi II ion in direct federal funding. PY20 SURRFCIPIENT AGREEMENT-SOYS AND GIRLS CLUBS of ADA COUNTY PAGL•'21 Of 24 Page 397 Item#26. Attachment 5: Environmental Review U.S.00pa1111110411t of Wouatnd arutt Urban � �fQQf�pp��}�III�� tlgvelal�mont .y*�I�RIII► h 4s1 5ovrmlh NNW.VV Wituhi%110n,UC 20410 01Dan01.0 vd,Qar Environmental Review for Activity/Project that Is Exempt or Categorically Excluded Not Subject to Section 58,5 Pursuant to 24 CFR 58.34(a)and 5$.35(Id) rO ett Information Project Name: Rays&GIrIsCIub.PY19-PY21 1411-ROS Plumber: 900001101009634U State/Local Identifier, project Location, 911 N Meridian Itd,Meridian,ID 1t3542 Additional Location lnformatlori; N/A Description of the proposed Project[74 CFR 50.12&53.32140 CFR 1508.351: The Scholarship program for the Meridian Boys&Girls Club provides support to low Incumn Meridian families by giving their children access to some of the Club's extended servicessuch as Surifise Club(Uerore school program,)Early Posers Prograin(Summer extended day program)and Kinder Club(supports kindergartners during the half dray they are not In sch❑oL)This program Is Important as It keeps kids Sate and learning during the hours that parents are:at work,and It provides cconnmlc stability to some of our communities most disadvantaged families.The City anticipates using$13,O00 of CDOG funding peryear during each of the remaining years in the 2017-2021 Cortsglldated Plait,This Envlronmentai Review will cower that span.CDBG funds will be used to assist an astimatod 100 children access extended tare services In the next three yeh7rs,These services are pravidr`d at the Boy's and Girls Club and sh❑uld not have an environmental Impact.The bays&Girls Club provides services throughout the year. Level of environmental Roview Determination: Activity J Project Is Categorically excluded Not Subject to per 2.4 CFR 58.35(b). 58.35(b)(2) IFL141ding Informatiq Grant Number HUD program Program Name Community P14nning and Community Development Block Grants(CDBG) 103 Development(CPI]) Entltlement) Estimated`fatal HUD Funded Amount: $13,000.00 PY20 SU13RECIPIENT AGREEMENT--130YS AND GIRLS CLUBS OF ADA COUNTY PAGi=22 QP 24 Page 398 Item#26. 130y5t Glrlselu�.PY't9-PY21 Mwldian, ID 9000DOU1t]096W Estimated Total 13reject Cost 12.4 CFR 58.2(a)(S)): $40,000.00 Mitigation Measures a d n l I ICER-1505,2(t1h, Summarized below airs all mitigation measures adopted by the Responsible Entity to reduce,avoid or eliminate adverse environmental Impacts and to avold non-compliance or non-conformnnce with the of rsve-listed authoritles and factors.These measures/candltions must be incorporated into project contracts,development agreements and other relevant documents.The staff responsible for Implementing and monitoring mitigation measures should be eleariy Identified In the mitigation plan. Law,Authority, Mitigation Measure or Condition Comments on �mplete orFBetor _ Completed Measures Preparer Signature;_ - 1 mate; !dame/Title/Organization; Crystal Campbell/ /MERIDIAN Responsible Entity Agency Official Signature: ' Date: c?Ia �(.O 2prq NamaJTitle: ff 't 14'{] 4poo, { t This original,signed document and rotated supporting material must be retained an file by the Responsible Entity In an Environment Review Record(ERR)for the activity/project(ref.24 CFR Part 58.38)and In accordance with recortiheeping requiroments forthe HUD prograrn(s). PY20 SUBRECIPIENT AGREEMENT-BOYS AND QRLs CLUBS op ADA COUNTY PAGE 23 OF 24 Page 399 Item#26. Attachment 6: Budget Boys and Girls Clubs of Ada County Meridian Scholarship Program PY20 Project#117 Scholarships Total IDIS Voucher Award $ 15,000.00 $ 15,000.00 Draw# Date Timeframe 2 3 4 5 6 7 8 9 10 11 12 Total $ - $ - Balance $ 15,000.00 $ 15,000.00 PY20 SU13RECIPIENT A15REEMENT—BOYS AND GIRLS CLIJ13S OF ADA COUNTY PAM"24 Op 24 Page 400 SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND NEIGHBORHOOD HOUSING SERVICES, INC., DBA NEIGHBORWORKS BOISE FOR PROGRAM YEAR 2020 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Subrecipient Agreement is entered into this 13th day of October , 2020 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Neighborhood Housing Services, Inc., DBA NeighborWorks Boise, a nonprofit charitable corporation organized under the laws of the state of Idaho ("Subrecipient"). WHEREAS, City is an entitlement community, and as such has applied for, and been granted authority to receive funds from the United States Department of Housing and Urban Development ("HUD") under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, i.e., Community Development Block Grant ("CDBG") funds; and WHEREAS,the City wishes to engage Subrecipient by way of this Agreement to assist the City in utilizing such funds and the CDBG program in a manner compliant with the requirements of 24 CFR Part 570 and 2 CFR Part 200, and all other federal, state, and local laws, statutes, regulations and/or requirements; and WHEREAS, City and Subrecipient wish to enter into a cooperative agreement for the investment of CDBG funds from Program Year 2020 ("PY20"); and WHEREAS, it is acknowledged by the Parties that although Congress has signed an appropriation bill committing the funds set forth in this Agreement, and HUD has notified City of its apportionment and approved the City's Action Plan, availability of CDBG funds to City, and thus to Subrecipient, is subject to Congressional release of such funds to HUD and HUD's release of such funds to City; and that City's obligation to provide funding to Subrecipient under this Agreement is provisional, pending the availability of such funds; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: L STATEMENT OF WORK A. Activities. Subrecipient shall use City's PY20 CDBG funds in an amount not to exceed Fifty Seven Thousand Dollars ($57,000). Subrecipient will be responsible for administering a homeowner rehabilitation program, in a manner satisfactory to the City and consistent with any standards required as a condition of providing the funds. This project is eligible under (14A) Rehabilitation: Single-Unit Residential. CDBG Funds will be used to reimburse for costs associated with rehabilitating owner occupied homes and administering the program. The primary administrative office is located at 3380 W. Americana Terrace, Ste 120, Boise, Idaho. See Attachment 1 for a map of the service location. B. National Objective. Subrecipient certifies that the activities carried out using the City's CDBG funds provided by City under this Agreement will meet one or more of the CDBG program's National Objectives as defined in 24 CFR § 570.208(a)(2)(i). PY20 SUBRECIPIENT AGREEMENT—NEIGHBORWORKs BOISE PAGE I OF 42 page 401 Item#26. C. Level of Service. Subrecipient's activities under this Agreement shall provide at least five (5) total Units of Service over the term of this Agreement. For the purposes of this Agreement, "Units of Service" shall be defined as "Individual Housing Units." Subrecipient shall verify that the household income of clientele served by City's CDBG funds, as defined in 24 CFR § 5.609, does not exceed the maximum limits as determined by the U.S. Department of Housing and Urban Development. The current income guidelines are located in the Subrecipient Toolbox at https://meridiancity.org/cdbg/. D. Staffing. Subrecipient agrees to provide the City with an Hourly Billing Rate worksheet and job description for each staff member that will be paid using CDBG funds prior to Subrecipient's initial reimbursement request. E. Project schedule. Subrecipient shall submit a signed, dated, and detailed Project Schedule. The Project Schedule must indicate the start and end dates for different project elements. The Project Schedule shall be submitted as a companion document with this Agreement. A revised Project Schedule shall be submitted when delays of thirty(30) days or more are anticipated or experienced. F. Special Conditions. 1. Subrecipient understands and agrees that the allocation of CDBG funds may be used to provide services and programs only to City of Meridian residents. If applicable, Subrecipient shall verify that any and all persons who receive funds granted to Subrecipient pursuant to this Agreement ("Client") a) reside within the city limits of Meridian, Idaho and b) meet the current CDBG income eligibility guidelines. Subrecipient must deem any Client who does not meet the above requirements to be ineligible to receive CDBG funds and shall suspend use of federal funds for the Client. 2. Subrecipient certifies that Subrecipient is in compliance with all applicable Fair Housing Laws, Section 504 of the Rehabilitation Act, and Americans with Disabilities Act requirements. 3. City reserves the right to make unannounced visits to Subrecipient's location in order to verify compliance with all program requirements. 4. If applicable, Subrecipient may utilize the Determining Annual Household Income form located in the Subrecipient Toolbox at https://meridiancity.org/cdbg/to determine annual household income of any or all Clients based on CDBG criteria. G. Time of performance. Services of Subrecipient shall start on or after October 1, 2020 and end on September 30, 2021. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. II. SUBRECIPIENT'S ADMINISTRATIVE REQUIREMENTS A. General Compliance. Subrecipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the U.S. Housing and Urban Development regulations PY20 SUBRECIPIENT AGREEMENT—NEIGHBORWORKS BOISE PAGE 2 OF 42 page 402 Item#26. regulations, except that (1) Subrecipient does not assume. the City's environmental. responsibilities described in 24 CFR 570.604 and (2) Subrecipient does not assume the City's responsibility for initiating the review process under the provisions of24 CFR Part 52, and all other applicable federal, state and local laws, regulations, and policies governing the funds provided under this Agreement. A copy of the Environmental Review Record is included as Attachment 5. B. Uniform administrative requirements. Subrecipient shall comply with applicable UnifOl-in ad0l1IIiS(I'at'Ive requirelnents, as described in 24 C'f R § 570.502. C. 11erfornlance monitoring. City will monitor the performance of Subrecipient against goals and performance measures as set forth herein. Performance monitoring shall include City's review Of Subrecipient's submitted documents for accuracy and completion, as well as a risk analysis that will determine it'the City will conduct a desk review and/or all on-sltc visit from City's C.omrrhLinity Development Program Coordinator to review the completeness and accuracy of records maintained. A copy of the risk analysis for NeighborWorks Boise is included as Attachment 2. SUbsta ndni'd performance as determined by City shall constitute noncompliance with this Agreement. [faction to correct such substandard performance is not taken by Subrecipient within fourteen days(14) after being notified by City, City shall Initiate termination procedures. Additionally, Subrecipient will be allowed no more than three noncompliance performance standards througllout the contract. Noncompliance includes, but is not limited to: missing a deadline, providing inaccurate monthly data, delinquent progress repOII submission, and/or not providing correct supporting documentation. The. first OCCUI I'Cllcc will result in a warning;the second a formal letter of noncompliance: and the third will result in a formal letter notifying Subreceiplent that Subrecipient is not eligible to request funding for the following grant cycle. City May share Subrecipient performance and monitoring results with other local CDBG grantees mid/or agencies who are providing; funding to Subrecipient. D. Budget. Subrecipient shall adhere to they budget included as Amichment G. SLibrecipient shall obtain written approval from City prior to any change in use Of fiends. E, Progress Deports. Rased oil the resLlltS of Subrecipient's risk analysis. Subreceipient shall submit progress reports monthly via the City's online portal. Instructions Oil SUbmitting progress reports are located in the Subrecipient 'Toolbox at iltt}7 :lllllcl'I({iallclty.oCglc4ll�!�. Progress reports will be due 10 days after the last day Of the reporting period. I f progress Reports are delinquent, reimbursement requests will not be processed lentil the delinquency 1s CUr0d. Subrecipient must tiimly submit Progress Reports even If no activities are conducted within the reporting period. F. Supplementation of othcr funds. Subrecipient agrees to utilize rands available under this Agreement to supplenlerlt, rather than supplant, funds otherwise available. PY20 Sl.]INFIC'IPiL;l+rl AcijzHEMI;N'i —NFIGHBORWORKs BoIsf^ PA[iF_3 0i^42 Page 403 Item#26. G. Client Data. If applicabie, Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: client name, address, income level or other basis foe determining eligibility, race, ethnicity, and description of service provided. Such infornlatiLln shall br, made available for I'evicw upon City's request. Subrecipient understands that client information collected Eludes' this Agreement is private and the use or di5CIOSLll'e of sucli inhot-Mttti011, wllc�n not directly Connected Willi the administration of City or Subrecipient's responsibilities under this Agreement, is prohibited by the Financial Privacy Act unless written Consent is obtained from such person recOving set-vice and, in the case ol'a minor, that of a responsible parent/guardian. H. Closeout. SLlbrecipient's obligation to City Shall 110t Old Wild all CIOSCOLIt requirements are completed. Activities du1•ing this closeout period shall include. but shall not be limited to, making final payments, disposing of program assets (IIICkiding the I"e1LIi'n Of all Unused Illaterials, equipment, unspent casts advances, program income balances, and accounts receivable to City), and dete.rininillg the custodianship ol'records. Notwililstanding the foregoing, the terms of this Agreement shell remain in effect dl.L(•irtg any period that SubrecipienL has Control over CD13C) tL111CIS, including program income. 1. Audits and inspections. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to City, HUD or its agent, or other authorized federal officials, at any time during Normal business hour-s, pis often as deemed Necessary, to aLldit, examine, and make excerpts or transcripts of all relevant data far pLn•pnses of investigation to ascertaiil compliance with the rulCS, regulations and provisions stated herein. Any deliciencies noted in audit reports must be fully repaired by Subrecipient within thirty (30) days after receipt Of'SLlch report by Subrecipient. Failure of Subrecipient to comply with the above audit requirements will C011stitLile a Violation of this Agreement and may result in the withholding of fuLLII-C payments. Subrecipient shall comply with 2 CFR § 200.501,which requires that all non- Federal entities that expend $750,000 of inure in Federal awards. in one year, have a single or program-specific audit. J. ,Susl)ension and Debarment. PLII'SLIL1111 to 2 CFR fart 190 and 2 CPR fart 200, Appendix 11, section (H), Subrecipient is prohibited from contracting with any party that is suspended or debarred, i,e„ listed ail the governnlelltwide Chclusiona in the System for Award Mrinngement. K. Payment Procedures, 1. Indirect Costs. The City will only reinlhurse Subrecipient for indirect costs that have been previously approved, in writing, by the Community Development Program Coordinator. 2. Payment Procedures. City will pay to Subrecipient #ands available under this Agreemcilt based upon information submitted by Subrecipient and consistent Willi any approved budget and City policy concerning payments. Willi the exception ol'ccrtain advances, payments will be made for eligible expenses actually incurred by Subrecipient, and not to exceed actual cash requirell eats. Payments will be adILlSted by City in accordance Willi advance I'Luid and program income balances available in Subrecipieill's XCOLIIIB. III CIddlti011. City reserves the right to 11+1idatc funds available under this Agreement for costs incurred by City on behalf'of Subreeipierll, PY20 SUBM"CIMENr BoiSr, PAC.c4OF42 Page 404 Item#26. 3. Reimbursement requests. It Is expressly agrecd and understood that the total amount to be paid by City under this Agreement shall not exceed Fifty Seven Thousand Dollars ($57,000). City will not accept or process reinlbursemCnt requests prior to City'S reception ofC'ongresstonal Release of Funds; the Community Development Program Coordinator Shall notify Subrecipient of such release and the opportunity to submit reimbursement requests. Reimbursement requests forthe payment ofeligible expenses shall be made against the activity specified, in accordance with performance, and as expenses are Incurred by Subrecipient. Reimbursement requests shall only be accepted via the City's online portal and must be completed in full to be processed. Instructions to Submit reimbursement requests are located in the Subrecipient Toolbox at Illtl7s:llnlcriilitlncity.orlcrlhl. All reimbursement requests are to be submitted as needed in coordination with the Corrllnulnity Development Program Coordinator, Reimbursement requests shall illcludc the following: transaction detail completed for the relevant draw request period and proofof payment by 5ubrecipient (such as copy of check and bank transaction information showing payment of check, copy of receipt of'payment by contractor or Subcontractor, and/or other relevant documelltatioll of payment). Rclmbcll'Senlelnt requests must be submitted within filleen (I5) calendar days from the close of each month of the program year except for the final reimbursement request. Subrccipient's final reiinlbursement request Under this Agreement must be submitted by Subrecipient no later than October 3 1. 2021 and must include a Closeout Certification Form which can be Found in the Subrec.ipicnt 'Toolbox at Imps:Y111cridinocio "olg/CdhL1-/. SUbrecipient shall forfeit rei nbursenwnt for any costs noL requested within the tllneframes Set forth Ill this proV1S1011, U11leSS otherwise authorized, in writing, by City. 1. Reversion of assets to City. Pursuant to 24 CFR § 570.503(b)(7), upon expirution or termination of this Agreement, Subrecipient shall transfer to City any and all CDBG funds on hand at The lime of expiration and any and all accounts receivable attributable to the use ofCD13G funds. 2. DUNS number. Subrecipient shall comply with requirements established by tine Office ofManagernent and Budget ("01VIB")concerning the Dun and Bradstreet Data Universal Numbering System ("DUNS"), the Central Contractor Registration database, the System for Award Management ("SAM") and the Federal Funding Accountability and Transparency Act, including Appendix A to 2 CFR part 25,and 2 CFR § 170.320. L. Documentation required prior to real estate transactions. Where City's CDBG fonds arc used for real estate acquisition, as early as practicable, and not less than two (2) weeks prior to the completion of each transaction, Subrecipient shall provide the address of real property under considerat ion to City i'or 17oodplain arld related environmental review. Failure to provide the address of tile housing unit under consideration in advance of the anticipated close date may result In Lidded expenses for the beneficiary or Subrecipient, or refusal of reimbursement by City- Subrecipient shall maintain real property inventory records that clearly identify properties purchased, improved, rented, or sold. M. Housing Affordability. Where the City's CDBG fiends are Used for homeownership assistance, the housing must gUalify as affiordable per Section 215 of-the National Affordable Housing Act. PY2(} Bo lsli PAGE 5 OF 42 Page 405 Item#26. N. National Objectives met for five (5) years. PLII'SL1ant to 24 CFR § 570.503(b)(7)(i), real property that is acquired or improved, ill whole or ill par[, with fLltlds Linder this Agreement in excess of$25,000 shall be Used to sleet one ul'the CDBG National Objectives until five (.5) years alter expiration ofthis Agreement. II'111e use Llrthe CDBG-assisted real property flails to Illeet a CDB0 National 0b.1cctrve for this prescribed period of time, Subrecipient shall I1ay City all anlourll equal to the current market value of the property, less any portion ol'the value attributed to eXpenditures oftlon-CI)BG fUnCIS rnr actlUisrtion ofor inlprovelllent to the III.Operty. SLIch payment shall constitute program income to City. Subrecipient may retails real properly acquired or improved Lender this Agreement after the expinition of the Five-year period. O. Compliance with procurement policies. Stibrecipient shall comply with cLlrrent Federal, State, and City policies concerning the purchase of equipment and shall maintain Inventory records of'all non-expendable personal properly as defined by such policy as may be pro4Llrcd with funds provided hereunder. P. Sale of equipment. In all cases in which equipment acquired In whole: or in part with funds under this Agreement Is soles, the proceeds shall be program income, prorated to reflect the extent to that hinds received under this Agreement were used to acgUire the.equipment. EgUipMent purchased with lunds received under this Agreement but not needed by Suhrecipient filr activities under this Agreement shall be (a) transrerred to City ror the CDBG program or (b) retained after compensating City Lln c11110011t equal to the cLnrelIt fair Market value of the equipment less the Percentage ol'non-(, BG funds Used to acquire the egUipirlent. Q. Prograin income. 1. Remittance at end of program year. PLII' cant to 24 CFR § 570,503(b)(3) and Pursuant to 24 CFR § 570.504(c), at the end of the program year, the City may require remittance oran or port orally I)rogranl income balances, including Investllsents thereof. held by Subrecipient, except those needed for immediate cash needs, cash balances of a revolving loan Irons, cash balances from a ILu11p sum drawdown, or cash or investments held for section 109 security needs. 2. Recording program iltc4nle. PUI'SLlant to 24 CFR § 570.504(a), the receipt and expenditure ofprogram income shrill be recorded as part of the Financial transactions ot'thc grant program. 3. Disposition if received before closeout, PLII:SLIL1111 to 24 CFR § 570.504(b)(I), program income received before grant closeout may be retained by the recipient if the income IS treated as additional CDBG bolds subject to all applicable requirements governing the use Fu nds,olds, and will be subject to all provisions of"Pursuant to 24 CFR §§ 570.504(b) and (c), both prior to and upon closeout. PY20 51113RENI'l[Wr Aow--vfvu.,N-i'—NFIc,iMORWORKs BuISC PAGE G Or 42 Page 406 Item#26. R. Records and reports, 1. Records to be maintained. In addition to specific records mentioned in this Agreement, Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including. but not limited to, those required by the Federal regulations spec'ilied in 2 CFR C 200.302(b) and 24 CFR § 570.506, including: a. Full descriptions and records of each activity undertaken: b. Records related to activities meeting the National Objectives; c. Records required to determine the eligibility of activities for CDBG funding: d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of tile CDBG Program; F. Financial records, as required by 570.506(h); and g. Other records necessary to daclln"CIlt compliance with 24 CFR Part 570, Subpart K. 2. Records retentioan. Subrecipient shall retain all records pertinent to the expenditkires incurred gander this Agreement for a period of five (5)years after the termination of all activities funded under this Agreement, defined as the date Of the submission ofCity's final annual performance and evaluation report to I IUD. Records for non-expendable property acquired with funds under this Agreement shall be retained for five (5) years alter fugal dispasition csfstrch property. If, priorto the expiration ofthe five-year period, any litigation, claims, audits, negotiations or other actions begin that involve any of the records cited, such records shall be regained until completion ofthe ;:actions and resolutions ofall r5Sue5, or the expiration of the five-year period, whichever occurs later. M. EMPLOYMENT[' AND LABOR CONDITION REQUIREMENTS A. Equal Employment Opportunity. Per 2 CFR Part 200. Appendix I I, section (C) and 41 CFR § 60-1.4(b), the equal opportunity clause set forth in 41 CFR y 60-1.4(b) is incorporated herein by reference, and shall apply as though set forth hilly herein. B. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title V11 of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Developn-acnt Act of 1974, Section 504 ofthe Rehabilitation Act of 1974, the Americans with Disabilities Act of 1990, the Age Dise6mination Act of 1975. Executive Order 1 1063, Executive Order 11246 as amended by Executive Orders 11375 and 12086. and 24 CFR §§ 570.601 and 570.602, Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself sra discriminatc. C. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in employment and contracting Opportunities laws, regulations, and executive orders referenced in 24 CFR § 570.607. The applicable non-discrimination provisions in Section 109 of the Housing,and Community Development Act of 1974 (24 CFR § 6) are also applicable. Subrecipient will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or rather handicap, age, marital status or status with regard to public assistance. Subrecipient will take affirmative action to insure that all employment practices are free from such discrimination: PY20$a1131tE_C'rl'[E N'rAcliar:r [vrr,N1 —TWimii[BORWUltr4s Boo. Pow 1=7 01.,42 Page 407 Item#26. Such employment practices include but are not Urnited to the following. hiring. upgrading, c1Crl1cltion, transfer, I•Ccrultment or recri.14111CIlt HClvel'tising, layoff; tel'lllillclti011, rates of pay or other Forms ofcompensation, t1I1d selection for training, including apprenticeship, D. ADA ,Section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 701 el,ieq.), which Prohibits discrimination against the handicapped in any federally assisted activities. City shall provide Subrecipient with any guidelines necessary For complimice with that portion of the regulations in force during the term of this Agreement. F. Small, Women- anti Minority-Owiled Businesses. Per 2 CFR § 200.321, SubrecipienL 111LIst take all mc;essary affirmative steps to assure that small businesses, minority businesses, women's business enterprises, and labor surphis aivil Fr1115 al-e used when passible V. Affirmative Action. Subrecipient agrees that it shall be committed tO Carty out pursuant to City's specifications an Ali--mat ive Action Program in keeping with the principles as provided in President's I7-xccutivc Qrdc;r 11246 of September 24. 1966. City sliali provide Affirmative Action guidelines to Subrecipient to assist in the I01ATILIkIliClll nPsLICll pr0gl•0111. SLibreciplent sllilll submit a plan for an Affirmative Action Program For approval prier to the aNvard of funds, G. Notice to workers. Subrecipient will Send to each labor L1111ok1 or representative ol'workers with which it has a collective bargaining agreement or other agreement or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of Subrecipient's commitments hesremider, and shall post copies of the notice in C011sPiCLIOLIS places available to employees and applicants for employment. H. Solicitations for employment. Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that it is an Equal C)pportullity Or Alt-irmative Action employer, 1. Drug Free Workplace. Subrecipient certifies it is in compliance with the Drug-Free Workplace Act of 1988 (42 U,S,C, 701) which requires gl-ai1tCCS (ir1ClUding IndivldLlalS) Of federal a el,cies, as a prior condition of being awarded a grant, to certify that they will provide drugfi•ec workplaces. Ench potential recipient must certify that it will comply with dPugfrce workplace I•equire111e11tS in accordance with the Act and with HUD's rules at 24 CVR part 2=4, subpart K J. Faith-b;ised organizations. Pursuant to 24 CFR $ 570.200(j), ifSLEbrecipient is a filith-based organization, SLbrecipient agrees to expend boils provided under this Agreement in accordance with 24 CM § 5.109. K. Labor standards, Per 2 CFR fart 200, Appendix 11, section (D), Subrecipient agrees to comply with all applicable requirements of the Secretary of Labor in accordance with the Davis-Bacon Act (40 U,S"C. 3141-3144, and 3146-3148) as supplemented by Department of Labor re~gLIl0hOIIs (29 CFR Part 5) as amended. In accordance with the statute, SLibrecipicrlt Or $ubrecipiellt's subcontractor must pay wages to laborers and mechimics Eft a rate not less than the prevailing wages as specified in a wage determination made by the Secretary oFLabor. In Addition, Subrecipient Or Subrecipicnt's subcontractor must be required to pay wages not less than once a week. Subrecipient must inClllde a Copy of the current prevailing wage t'�Y2t3Si_1QE kC'll'IkNI'1llfil'itI EuiI:N'1"—NI'l(iF113i11iW 1>zi:5Boisi:' f'Ac;r:8Or•42 Page 408 Item#26. determination issued by the Department of labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. I�urther, the provisions of Agreement Work I lours and Safety Standards Act;the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145). as supplemented by Department oftabor regulations (29 CFR fart 3). Linder which Subrecipient or Subrccipient's subcontractor is prohibited thorn inducing, by any means, any person employed in the canstrLICtran, completion, or repair o[' public work, to give tip any part of the compensation to which ire or she is otherwise entitled. Subrecipient further acknowledges and agrees that all contractors engaged under contracts in excess of$2,000,00 for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with Federal requirements pertaining to such Agreements and with [lie applicable regUircnlcnts of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio ofapprentices and trainees to journey workers; provided,that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Subrecipient or its subcontractors of its obligation, if any. to require payment of the higher wage. Per 2 CFIZ Cart 200, Appendix 11, section (E), the Contract Work Hours and Safety Standards Act (40 U.S.C. §y 3701-3708) applies to contracts in excess of$100,000, L. Conflicts of interest; nepotism. Subrecipient agrees to abide by the provisions of 24 CFR 570.611, Further, no person who exercises or has exercised any function or responsibility with respect to CDBG-assisted activities, or who is in a position to participate in a decision-ITlaking process or gain inside information with retard to such activities, may obtain a Financial interest in activities funded under this Agreement, or have a financial interest in any contract, subcontract, or agreement with respect to the CI)B(I-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year therealier. M. Fights to Inventions. Per 2 CFR Part 200, Appendix 11, section (F), ifSubi'ccipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of'partics, assignment or performance of experimental, developmental, or research work , Subrecipient must comply with the requirements ol'37 C'F Z Part 40 1, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. N. Lobbying; political activities. Subrecipicrit hereby certifies that: No Federal appropriated Funds have been paid or will be paid, by or on bellaIrof it, to any person for influencing or attempting to influence an officer or employee orally agency, a member of Congress, an officer or employee of Congress, or an employee ofa member of Congress in connection with the awarding of any Federal agreement, the making of any Federal grant, the slaking of any F cdcral loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendlilenl, or modification of any Federal agreement, grant, loan, or cooperative agreement; Iferny funds other than Federal appropriated funds have been paid or will be paid to any person for influencing am-ripting to iitiflUence an olflcer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee elf a Member of Congress in PY20 S1.113RI-VIPII:N7,AtiRi•:I:mNI -M."i( BORWORKS B01,qr PA[,I:9 01.42 Page 409 Item#26. connection with this l'ederal Agreement, gratll, loan, or cooperative agreement, it will complete and submit Standard Form-Lkl,, "DisCIOISLI e Form to Report Lobbying,°" in accordance with Its instrLICLiuns; Subrecipient will require that the following, language be included In the award documents 601, all sub-awards at all tiers (including subcontracts, sub-grants. and colttracts Milder grants, loans, and cooperative agreements) and that all subrecipsents shall cnrlify and disclose accordingly: "This certification 1s a material representation 01'talet upon which reliance was placed when this transaction was made or entered into. Submission oflhis cerLilicaltion is a prerequisite 101- making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who Fails to file the required certification shall be subject to a civil penalty of not let less than $10,000 and not 11101-e tllall $100,000 F01-each sUCll FaiILlre," The fluvegcling ce1'tiflcatlon is a Material representation lit :fact upon which reliance is placed by City. Per 31 U.S.C. § 1352 and 2 CFR Part 200, Appendix 11, section (1), Submis4lon ofthis certification may be ai prerequisite for snaking or entering into this transaction. Slibrecipierlt Further agrees that no funds provided, nor personnel employed [older this Agreement, sliall be in any way or to any extent engage in the conduct of political activities in violation oftlle I hach Act (Title V, Chapter 15, U,S.C,). D. Section 3 of the Housing and Urban Development Act of 1968. 1. Compliance. Compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701) ("Section 3"), the regLllati011S Set fol'th in 24 CFR Part 135, and all applicable rLIICS and Orders Issued thereunder prior to the execution of-this Agreement, shall be al condition of the Federal financial assistance provided Linder this Agreement and shall be binding up011 City, Subrecipient and any OfSubrecipient,s Contractors and/or subcontractors. Contractors with contracted aullounts under$200,000 alld SLIbC0IItralCt0I'S With C011t1'alcted a1110Li11tS flitter$100,000 are exempt from this requirement. Failure to fulfill these regUirements shall Subject City, SUbreciplellt and any oFSubrecipient's contractors and subcontractors, their successors and assigns, to those: sanctions specified by the Agreement through which Federal assistance is provided. Sllbr'ecipient certil ies and agrees than 110 c01111-00Llal of other disability exists that WOL11d prevent compliance with these regUit-C111MIS. 2. Subcontract language. Subrecipient Further agrees to include the C DBG Supplementall General Conditions in all applicable subcontracts executed Under this Agreement. The CDBG Supplemental Conditions can be found in Atlachnlenl 7 (if applicable) and includes the Section 3 clause IoL:atecl at 24 CFR Part 135.38. 3. Employment of low- and very-low-income persons. Subrecipient further agrees Lo enstire that opportunities For training and employment arising in connections with a housing rehabilitation (including reduction and abaaternent of lead-based paint hazards), housing construction, of other public constrLICtiOn prOjCOS WC giVell 10 low and very-low 111collle person residing within the metropoliiaan area in which the CDSG-funded project is located: where feasible, priority should be given to low and very low income persons within the service area of the project or the neighborhood in which the project is located, and to low and very low income participalrlts in other I-I IJD programs; -and award contracts tior work Undertaken in connection with a 110LIsing rehabilitation (including reduction and albawment PY20 BoISE PACU- 10Ol"42 Page 410 Item#26. of lead-based paint hazards), housing construction, of other public construction project are give// t0 business collCel'll5 that pro vide economic Opportunities for low and very low income persons residing within the metropolitan area in which the CDBG-lunded project is located; where feasible, priority should be given to business concerns which provide economic opportunities to low and very low income residents within the service area of the neighborhood In which the project Is located, and to low and very low income participants in other HUD programs. Subrecipicnt certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 4. Notifications. Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, ifany, a notice advising said labor organization or worker's representative of its commitments Linder this Section 3 claus4 and shall post copies of the notice in conspicuous places availanble to employees and applicants for employment or training. 5. Subcontracts. Subrecipicnt will include this Section 3 clause in every applicable subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any SLII)C011tract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 1V. ENVIRONMENTAL CONDITIONS No finds will be released until City conducts in environmental assessment and makes a determination of"No Significant Impact" in compliance with 24 CFR Part 58 and other federal, state, and local laws Lund regulations. I f applicable, the City will issue a Notice to Proceed once the environmental review is completed and is accepted by the City and/or HUD. A. Air and 'Wafer. Subrecipicnt specifically agrees to comply with the following regulations insol`ar as they apply to the performance ofthis Agreement: 1. Clean Air Act, 42 (I.S.C. §§ 7401, cif seq. and 2 CFR Part 200, Appendix 11, section (G). 2, Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, el seq., relating to inspection, monitoring, entry reports, and information, as well as ether requirements specified in said Act, and all regulations and guidelines issued thereunder. 3. Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R. Part 50. B. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. fi 4001), Subrecipicnt shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insw•ance under the National Flood Insurance Program is obtained and maintained, and shall assure compliance with Title 10, Chapter 6, Meridian City Code, as a condition of financial assistance for acquisition or construction purpases(including; rehabilitation), PY20 SI BRI:C'IVI N I" PAOF I I OI�4-) Page 411 Item#26. C. Lead-Based Faint. Subrecipient agrees that any constrLtctialt or rehabilitation ol'residenikt l StlructLlres Will) f11,SiStal= pi'Ovided under this Agreement sha11 be subject to i IUD Lead-Based Paint RCgL1k1LiUns. 24 CFR Part 35, implementing,Title X of tllc I lousing and Community Development Act of 1992, These regulations revise the CDBG Icad based Faint requirements Lender 24 CFR § 570.608. Sucll re6ul9ti0ns pertain to all CD13G-assisted housing,and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such pi,operties may include lead-based paint, Such notification shall point out. the hazards of lead-based paint and explain the symptoms, treatment and preCtIL1 011S (halt shOUld be taken when dealing with lead-based paint poisoning and the advisability and atvail<lbility of blood level screening for children under seven. The notice must also point 01.1t that if lead-basest paint is found an the property, abatement pleasures imy be undertaken. The regulations Further 1'egLlil'C that, depending on the amount of federal Funds Applied to a property, Print testing, risk assessment, treatment and/or abatement may be conducted, D. Ilistorie Preservation. Subrecipient agrees to comply with the I iistoric Preservation requirements set fortli in the Nat iounI I-Iistoric Preservation Act of 1966, as amended (I(I U.S.C. ti 470) and the procedures set Barth in 36 Ci"R Part 800, Advisor Council on Historic Preservation Procedures f01' Protection of properties, insofar as they apply to the perlbrmance of this Agreement. In general, this requires concurrence trout the State I lisklric Preservation C)Clicer fill• all rehabilitation and demolition of historic properties that are tiny years orolder or that are included on a Federal, state or loran historic property list. V. [MINERAL CONDITIONS A. Appi-opHation. 11 is acknowledged by the Parties that atltliough Congress has signed an appropriation bill committing the funds set forth in this Agreement, And HUD has notified City of its apportionment and approved the City's Action Plain, availability of CDBG binds to CiLy, and 111LIS 10 Subrecipient, is subject to C011gressiD1101 release of SLiCII fuilds to I1LJD and HUD's release of such funds to City. Unless and until l4LJD releases the funds, City shall have no c0i71[1'arCtual, legal, or equitable obligation to Subrecipient. in the event that CDBG liulds arc not niade available to City, whuthet- by Congress or by HUD, this Agreement shall be void, and City shall have no obligation to Subrecipient, whether Lender this Agreement or Lender any legal or equitable claim. R. Notices. All notices required t0 be given by cl(I14r of the parties hereto ghall be in writing and be deemed communicated when personally served, or mauled in the United Strifes moil, ,addressed as follows: If to City: if to Subrecipient: City of Meridian NeighborWorks Boise Attu: Crystal Campbell. C:omimmity Attn: Bud Complier, Jr.. CEO Development Progra rn Coordinator 3380 W, Americana Terrace, Ste 120 33 E. Broadway Avenue Boise, ID 83706 Meridian, Idaho 83642 Tither Marty may change its Authorized representative andior address for the purpose of this par�igraph by giving written notice of such change to the other party in the manner herein pRrvided. PY20 SUBRECIPiEN'r Auw".i;NII•:NT-NIi1(,I1110RWi RKS B01sk fA61: 12Oh 42 Page 412 Item#26. C. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning CL B(J fiends, illClUding, but not limited to, 24 CFR Part 570 and Subpart K of such regulations. Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the fiends provided under this Agreement, except that: (1) Subrecipient does not assume the recipient's environlrlental responsibilities described in 24 CFR § 570.604; and (2) Subrecipient does not assume the recipient's responsibility for initiating the review procesS under the provisions of'24 CFR fart 58, D. independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Subrecipient shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement. City shall provide no benefits or insurance coverage whatsoever to Subrecipient and/or to its agents. E. Indemnity, Subrecipient, and each and all of its employees, agents, contractors,officials, officers, servants, guests, and/or invitees, and all participants in Subrc;cipient's programming, shall hold harmless, defend and indemnify City from and for all such kisses, claims, actions, and/or_judgments for damages or injury to persons or property and/or losses and expenses caused or incurred by Subrecipient and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and participants in its programming, and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by Subrecipient and/or Subrecipient's employees, agents, contractors, subcontractors, officials, officers, servants, guests, invitees, participants, and/or volunteers and resulting in and/or attributable to personal iii)Llry, death, and/or damage and/or destruction to tangible or intangible property. F. Workers' Compensation. Subrecipicnt shall maintain workers' compensation insurance coverage, in the amount required by Idaho law, for all employees involved in the performance of{this Agreement. G. Insurance. Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage. At a mininitun, Subrecipient must provide the equivalent insurance coverage For real properly and equipment ttcgLli1-Cd ar improved with CDBG funds as provided to property owned by the non-Federal entity. For construction or racility improvement cotltracts or subcontracts exceeding the simplified acquisition threshold as defined in 41 U.S.C. 134 and Appendix 11, section (A), Subrecipient must comply with bonding requirements set forth in 2 CFR § 200.325. [I, Grantee Recognition. Subrecipient shrill ensure recognition of the role of the City in providing services through this Agreement. All activities, facilities and items utilized pursualnt to this Agreement shall be prominently labeled as to funding source. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. 1. Amendments. The parties hereto may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each party, and approved by City's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release either party from its obligations under this Agreement, City may. in its discretion. amend this Agreement to PY20 S111 RIX1PIFNIT ACiItCL:N II:N I'—Nl:lcil Ino}ItWC)Itks Boise- PAOU 13 01,42 Page 413 Item#26. Colll[lrlll 4vlth Federal, State lei' local goVCrllillclltal gUidClII1CS, policies and available Funding amount,', or I'or other reasons. it SLICh a1ne11dlllentS NSLilt in a change In the rending, the scrape of services, or SchedUle of the actlVlties to be Undertaken Lis pat of this Agreement, Such modifications will be incorporated only by written amendillem signed by berth parties. T Termination (sec} 2 CFR Pad 200, Appei>Idia 11, section (B)). !. Termination for convenience. Either party may terminate this Agreement by, at least thirty (30) days be Fore the effective date of such termination, giving written Notice to the othcr party of such termination and specifying the effective date thereof. 2. Termination for cause. Termination of this Agreement, in whale or in Part, may occur R)I- CaLISe, which shall include, but shall not be limited to, the I101101ving; a. Failure to comply with any ol'the rules, regulations or provisions referred to herein, or SUCII StatliteS, regulations, executive orders, and HUD guidelines. poticies or directives as may become appilcable at any tinge; b. Failure to ftilrill ill a timely and proper manner its Obligations under this Agreement; c. II1e ective or improper Ll9e pf lipids provided dirtier this Agreement; or d. Submission of repoils that are incorrect or incomplete in any material respect. Either Party may terminate this Agreement For cause by providing written notice to the rather oFthc basis ol-termination. The defaulting Party shall have IMirteen (14) days to cure the deficiency or non-compliance. i f the deficiency or iron-compliance is not cured within this time period, the other ['ally shall terminate this Agreement Tor CALISC. in addition to termination of this Agreement and/or any other remedies as provided by law, City may declare Subrecipient ineligible I'or any rurther participation in City C;Dl3Ci progrtll-nming. 3. Work completed. in the event or any termination, all finished or Llnrnished doctiments. data, Studies, sLu•veyS, maps. models, drawings, photographs, reports, and/orothtr materials that.lire the property ofalid prepared by glibrecipiCnt Under tills Agreement shall become the property of City, and Subrecipient shall provide same within seven (7) days ofCity"s demand therefor. Subrecipient shall he entitled to receive just and equitable compensation for any satisfactory Work completed an such documents or materials prior to the termination. K, Assignment. Subrecipient shall not assign or transfer any interest ill this agreement without prior written consent ofCity; provided, however, that claims for money due or to become due to Subrecipient firm City tinder this Agreement may be assigned to a bank, trust company, or Other financial illStitUtiOn WltlltlLlt SLIGh approval. Notice ofany assignment ortranslCr Shall be furnished promptly to City. L. Suhc.cfntr•actc>'rs, 1. City must :Approve. Subrecipient shall not enter into any stibLO11tvacts With ally agelley or individual in the performance of this Agreement without the prior written consent of City. All subcontracts entered into in the performance of this Agreement shall be awarded pLUSLIant to any applicable provisions of the City Purchasing Policy and/or local, state. or federal laws. PY20 SI 11 m-cil'i,N-r Acilt[I:Mr',N I —All ltil li3(11 WUI K5 Rol 7 IrAt E 14 C}r 42 Page 414 Item#26. 2. Monitoring. Subi'ec:ipient shall monitoe all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of bIlow-up actions taken to correct areas of noncompliance. Subrecipient slaall furnish and CaLIS4 each of its own subrecipients or subcontractors to luu'nish all information and reports required hereunder and will permit access to its books, records and accounts by City, i•lUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules. iregulalions and provisions .stated herein. 3. Subcontract content. Subrecipient sllall caau�;e all provisions ofthis Agreement in their entirety to be included in and made a part of any subcontract executed in the periorinance of this Agreement. Specifically, Without III-nitation, Subrecipient shall include the provisions of this Agreement regarding Civil Rights and Affirmative Action in every subcontract or purchase order, specifically or by reference, to ensure that such provisions will be binding upon all subcontractors. 4. Documentation. Executed copies Of all subcontracts shall be forwarded to City along with documentation concerning the selection process. M. Relocation, real property acquisition, and one-for-one dousing replacement. Subrecipient agrees specifically, withOLIt limitation, to comply with: 1. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CPR 570-606(b); 2. The rcgLIirenIcnts of 24 CFR 570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under 24 CFR Dart 42,subpart B; and 3. The requirements in 24 CFR 570.606(d) governing optional relocation policies. Subreeipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570M6(b)(2) that aare displaced as a direct NSUlt of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. N. No ContraCtllal impediments. Subrecipient certifies and agrees that no contractual of other disability exists which would prevent compliance with these regUirenicilts. 0. Severability. I['aally provision ofthis Agreement is field to be invalid, the remainder ofthe Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. P. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or writtelL whether previous to the execution hercofor contemporaneous herewith. Q. Non-waiver. failure ofcither party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waives•Or relinquishment ofaiay party's right to thereafter enforce Stich term, and any right or remedy hereunder n,ay be asserted at ally time aver the governing body ot'either party becomes entitled to the benefit thereof, notwithstanding delay in eilrorecment. R. Attachments. All attachments and/or exhibits to this Agreement fare incorporated by reference and made a pant of hereof as if the exhibits were set forth in their entirety herein. PY20 -ill;ICiI IB0RWCAKS 13()ISI= PAGF 15 01.-42 Page 415 S . Approval required . This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and Subrecipient . IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written . SUBRECIPIENT , NeighborWorks Boise Bud Complier , , r . , O CITY : City of Meridian Attest : B obey E . Si I, Mayor Chr ' h C ' r < PY20 SUBRECIRENT AGREEMENT — NEIGHBORWORKs BOISE PAGE 16 OF 42 Item#26. �v e ✓IluON ;�1 Mi.w..e,X �7, pp� 8 � Y a x I s w u.,h,rN M1n�MNhN M1l�bilwlmyw„ inlrnw)4'l18 1 4' �y4.Irvti Ra „q M+3x4 PIM MJX lF4a&W WMI-B {J tlMXw1Y RI 9 r J6 1R! ry�s..Mrrn wi'w"W.IN �.NPrnWW wnwnRJi 6S q.-r"e • II..VWh,I 6I inlrvi Rn x nVuwNY'. ,r. 6/.Y�MN �r rRJ Ohi�n•4 xSi•r'nq i pi,a.lYe hn+,••,n P Q� `v S' :Ix•WXu ..hV�YhN 5cyrw�.+I! !f roMWw. < RI+R..l� Yxr1Y�'°le TrnA1Y Xtl 1 W k a m Jx „�� waw�++vX X.w.mXa �•i.l k LLJ rxv..rra n,X.,� �. In.w� � 8nrvwvn.rw,� n��yrwxe 4 J f d w m c nl 4 Page 417 Item#26. Attachment 2: Risk Analysis Summary Risk Analysis Wvrksheet Organization NelghborWorks Boise 21 o ram Name Ownw-Occupied Hamm Rapa�ir Fear 2D20 Award #,.7,L?OO.Og Total Points , lwao"iliirrq i-sr ,�....� �►74 Risk Level High lext oteps ;•011McrcrWarn. &WreiA FACTORS staw point Vakm Co—Wac tl 17oltirs wwlghc. a 13C ZOZ, -Abc,$,e ?0 S2r 'wX -$29-M e, 11! :0c -$19 �9µ c. toProgr =� 10�SS.595 2 SIII Oymignt rrll r1: E Awl wrP mcoerre tc selojt ',ro cgs D No Audit Alltscu;h Rc-a Sred F liar,C3i Ajo'a1CI C'C I Ca ALO"Av313DIS Ai.)Ct *t r" I:"Id 10 rypo of Corntraci FuC 1C ce Ecar-onIC Dr.,eo r'iert Ft I{ '3c lttle6,p i3rr rw 'r-WrL'We fiUMO+r Of Clionle 5erred welgh: b a}sy t d K4y cwguirzabonsl criangi wet n: 5 Ex?eLr ve D-e;tor d F i3ic1 i t,x-age- G Eaec�r. v,� t-c-,-Iorarc.rr e r.r: 3 1'a,3c-r T Fit+ r_'r � �:1a.•1t�r 3gtr lti 4r,e ` GOM� wet g: a Eg.mrmal 3C4>rr Il;h CG'I P;3n goai6 G 2 r: hCt-esser't x for 3=!n es nnent of Cor, Par ;-,a 1 Pr am Psmel ✓!rt s wsl ri: 6 C DEIG Progr3T did rat IIcClr.cc Sr-,Ie,-U'E']e 3'rw 10 hew Pre rare 8 8 �d CDBG Pr ra.T Degan on rcVdue 2 NNrtrMrlsn "ant'. G subr ccile!'it MS hlst 0-rOt Ubrr,',11-11 WOM Mery 10 New 0mc ran a A6 SlAw0ferit Ms h;slory V sucin�nrq re arts:•ret A C on rc E xpWWW#MIBUxy nsl « C ItieW ; rim I1q ' • ' '43r6 10 6G PY20 SU13RECI1'IENT•AGREF•MEN'r-NEIC HBORWORKs Bom PAGE 18 Oir42 Page 418 Item#26. Smmary Risk Analysis Worksheet d lean 136' N g'IA r ram rangy 10l'l+�e�1�0 C. 2 Years Y gore - 1e"• ar2yeam Consctit o ALI"(Any Mon tong wtlanz + Currvrt Ma,or flrar gG F raT-rgs aul word area sd'r ces, ow-lu. er.at for paymem e�rce N" p2mE - Cumt Carcerrs FIrdt s T-it necore Dr`a 4e's wtcn, - Er, f.nOV6C tltyrar�tme Cr sfcxlf Cafr 6e(1 Dme GomnwnAy Doft%nw I Pfwam Coordtft" L • 1 1 +1 ! • ! 1 1 i 4 • i I 1 \ 5 1 rR I W qi I LA-1 •! h ! R. 1 rf • r 1 .1 � 1 1} •f 1 TvF 11 h � •i h. J 4 1 / Ttlis+s a r�l prD}ect,*I)cP avL- artua4 man It Ngn ilk Ne9trGonVOM3 E 04A ras eK-parer~=t an•.cmc, a'70 M] rcrrrht su'oreap*nt for�-* tl900g3ge A9461moe pWarn City t«Urrt awl work G:aNy Wtn Ne-gh ortiwoM Boist to get Me grouna PY20 NE:I(.iE 11 ORWORKs Bl)151- PAGE'. 19 0E.,42 Page 419 Item#26. Attachment 3: Signing Authority t'OMI,ICte the Imm to designate signing authority. Subrecipient Mime: Project Name: o wvL.e'r- µ Program Year: 07; Stahl date: # cfo6- ,e c� End Date: Name Title Authol•ized to sign for (check all that apply): lc{C]ltllyln T Tnaturc f rianCial inti'actllal w Lift, Name Tit le A4lthorized to sign for (check all that yf:� ap ply): Identifying Signatiirc financial I.Q`Contractual v Q_rt_L-tb(L OP �OOT(467 Name 'lit le AlLithorized to sign for (check all that apply): Identifying Signature ' Financial E)k.ontmctual Signing authority far the above individuals is authorized by: Ga Name r'itle t 9 7�/l 0 Signature Date PY20 SIJBIZECII'IFN'r ACiftFEMI NT—NFtciilliL)kWUIZKM Bo)Itil; PAoi;20 ol�42 Page 420 Item#26. Attachment 4: Federal Certifications The following are required as referenced below. Subrecipicnt Name; _ g\� C 11-_C> �c]I;-e_ Protect Name: ROWg P—L - Program Year: n7ti0 Start Date: Or-yob-er Xvc -O End Date: S -e Subrecipient maintains a policy for and complies with the following; Yes No NIA Policy ❑ d Cd ADAISection 504 [29 U.S.C:. § 7011 g C`i ❑ Conlidentiality [2 C VR § 200.303(e)] (� ❑ ❑ Conflict of Interest [2 C17R § 200.318(c)(1); 24 CFR § 570.61 1 j 0 ❑ ❑ Drug Free Workplace (24 CFR part 24, subpart 1°] ® ❑ ❑ Equal Employment Opportunity [2 CFR Part 200; 41 CFR § 60-1.4(b)] ❑ ❑ Fair Housing [Fair Housillg .Act] (if applicable) ( I] ❑ Nondiscrimination [24 CFR § 570.6071 [� ❑ ❑ Procurement [2 CFR § 200.31 S(a)] (il'applicable) IS Subreceipient a nonprofit entity? ITYes ❑No Per 2 UR § 200.415 major nonprofit organ izat ions lare ineligible for this funding. If the agency is a nonprofit, please select one ofthe following; "Organization is not a major nonprofit organization. ❑ Organization is a maJor nonprofit organization. By signing this form. I certify the above is true and correct to the best of my knowledge. 7t�,D�- L6D4tiN�Ier C F 0 Name Title ��OL4L9,v 9/ ignature Date A nnajor nonproFI organization is defined in ;3 200,414(a)as an organization receiving more than$10 nliIIion in dirccl Federal funding,. PY2051113RE IIIIt",NTAC;REC:MEN'I'—NiIlif;I1I30RWU1tKtiBL1isI' PAC,u2101-42 Page 421 Item#26. Attachment 5: Environmental Review Environmental Review for Activity/Project that is Exempt or Categorically Excluded Not Subject to Section 58.5 Pursuant to 24 CFR 58.34(a) and 58.35(l0) Project Information Project Name: NWBOwnerOccRehabPY19-21 HEROS Number: 900000010152725 Responsible Entity(RE): MERIDIAN,33 E Idaho Ave Meridian ID,83642 State/Local Identifier: RE Preparers Crystal Campbell Grant Recipient(if different than Responsible Entity): Point of Contact: Consultant(if applicable): Point of Contact: Project Location: 3380 W Americana Ter Ste 120, Boise, ID 83706 Additional Location Information: N/A Description of the Proposed Project [24 CFR 50.12 &58.32;40 CFR 1508.25]: The Owner-Occupied Home Repair Program will work to improve the weatherizatlon, accessibility and visitability of existing housing stock within the City, making the homes of LMI Meridian residents safer and more economically sustainable. Applicant eligibility criteria: * Income must be at or below 80°f AMi * Home must be within Meridian city limits * Home must be owner-occupied * Must live in their home for a certain amount of time to g4lallfy- one year for projects up to $8,000 and 3 years for larger projects Examples of eligible home repairs with budgets between$2,000 and $15,000 include: * Energy efficiency (additional insulation,new windows and doors) * Weatherization (insulation and weather-stripping) * Accessibility programs(install ramps,grab bars, other Age in Place improvements) * Roof replacement or emergency repairs for leaks * HVAC * Water heater and plumbing(energy efficiency as a secondary) CDBG funds will be used to administer the program and pay for repairs, but a separate review will be conducted for individual households.This review is only for the administrative fees NeighborWorks will incur. This project is anticipated to be funded for the duration of the Consolidated Plan (PY19-PY21). Level of Environmental Review Determination Activity/Project is Exempt per 24 CFR 58.34(a): 58.34(a)(3) PY20 Si MILCiPIENT AORCE ENT—NEAGI MORWc RkS BUIs L' PA(A_22 Or 42 Page 422 Item#26. Signature page NWB Si,1,1,11:tWrc Page.pdf' Funding Information Grant/Project HUD Program Program Name Identification Number Community Planning and Community Development Block Grants 119 Development(CPD) (CDBG) (Entitlement) Estimated Total HUD Funded,Assisted $10,000.00 or Insured Amount: Estimated Total Project Cost[24 CFR 58.2(a)(5)1, $10,00o.00 Compliance with 24 CFR §50.4&§58.6 Laws and Authorities Compliance Factors: Are formal Compliance determination Statutes, Executive Orders, and compliance steps (See Appendix A for source Regulations listed at 24 CFR§50.4& or mitigation determinations) §58'6 required? STATUTES, EXECUTIVE ORDERS,AND REGULATIONS LISTED AT 24 CFR§50.4&§58.6 Airport Runway Clear Zones and Based on the project description the Clear Zones project includes no activities that would 24 CFR part 51 require further evaluation under this section. The project is in compliance with Airport Runway Clear Zone ❑ Yes 21 No requirements. Coastal Barrier Resources Act Coastal Barrier Resources Act,as This project is located in a state that amended by the Coastal Barrier does not contain CBRS units.Therefore, Improvement Act of 1990 [1G USC this project is in compliance with the 3501] ❑ Yes 0 No Coastal Barrier Resources Act. Flood Insurance Based on the project description the Flood Disaster Protection Act of project includes no activities that would 1973 and National Flood Insurance require further evaluation under this Reform Act of 1994 [42 USC 4001- section. The project does not require 4128 and 42 USC 5154a] flood insurance or is excepted from flood insurance.While flood insurance may not he mandatory in this instance, HUD recommends that all insurable ❑ Yes 0 No structures maintain flood insurance PY20$I]t312]x'1PIFm'A(;1�1.J;M11=N'I--NI,IS IIBORWORks Bc]Isi: PACif 2301.,42 Page 423 Item#26. Compliance Factors: Are formal Compliance determination Statutes, Executive Orders, and compliance steps (See Appendix A for source Regulations listed at 24 CFR§50.4 & or mitigation determinations) 958.6 required? STATUTES,EXECUTIVE ORDERS,AND REGULATIONS LISTED AT 24 CFR §50.4&§58.6 under the National Flood Insurance Program (NFIP).The project is in compliance with Flood Insurance requirements. Mitigation Measures and Conditions[CFR 401505.2(c)]:Summarized below are all mitigation measures adopted by the Responsible Entity to reduce, avoid or eliminate adverse environmental impacts and to avoid non-compliance or non-conformance with the above-listed authorities and factors.These measures/conditions must be incorporated into project contracts, development agreements and other relevant documents.The staff responsible for implementing and monitoring mitigation measures should be clearly identified in the mitigation plan_ Law,Authority, Mitigation Measure or Condition Comments on Complefie or Factor Completed Measures Mitigation Plan Supporting documentation on completed measures IIY20 BOIS[- IJAGE 24 OF 42 Page 424 Item#26. APPENDIX A; Related Federal Laws and Authorities Airport Runway Clear Zones General policy Legislation Regulation It is HUD's policy to apply standards to 24 CFR Part 51 Subpart D prevent incompatible development around civil airports and military airfields. 1. Does the project involve the sale or acquisition of developed property? No Based on the response,the review is in compliance with this section, Yes Compliance Determination Based on the project description the project includes no activities that would require further evaluation under this section,The project is in compliance with Airport Runway Clear Zone requirements. Supporting documentation Are formal compliance steps or mitigation required:" Yes ✓ No PY20 SUBRE.;C]P]UN r PA(i1;25 01 42 Page 425 Item#26. Coastal Barrier Resources General requirements Legislation Regulation HUD financial assistance may not be Coastal Barrier Resources Act used for most activities in units of the (CBRA)of 1982, as amended by Coastal Barrier Resources System the Coastal Barrier Improvement (CBRS).See 16 U5C 3504 for limitations Act of 1990 (16 USC 3501) on federal expenditures affecting the CBRS. This project is located in a state that does not contain CBRA units.Therefore,this project is in compliance with the Coastal Barrier resources Act. Screen Summary Compliance Determination This project is located in a state that does not contain CBRS units.Therefore,this project is in compliance with the Coastal Barrier Resources Act. Supporting documentation Are formal compliance steps or mitigation required? Yes No PY20 AC;ftl'I:NII'.N'r—NVI(il MOR WORKS Bold:: PAG,1:26 0-4.' Page 426 Item#26. Flood Insurance General requirements Legislation Regulation Certain types of federal financial assistance may not Flood Disaster 24 CFR 50,4(b)(1) be used in floodplains unless the community Protection Act of 1973 and 24 CFR 58.6(a) participates in National Flood Insurance Program and as amended (42 USC and (b),24 CFR flood insurance is both obtained and maintained. 4001-4128) 55.1(b). 1. Does this project involve financial assistance for construction rehabilitation or ac uisitian of a mobile home,building,or insurable personal property? No.This project does not require flood insurance or is excepted from flood insurance. Based on the response,the review is in compliance with this section. Yes Screen Summar Compliance Determination Based on the project description the project includes no activities that would require further evaluation under this section.The project does not require flood insurance or is excepted from flood insurance. While flood insurance may not be mandatory in this instance, HUD recommends that all insurable structures maintain flood insurance under the National Flood Insurance Program (NFIP).The project is in compliance with Flood Insurance requirements. Supporting documentation Are formal compliance steps or mitigation required? Yes No PY20 SUBRE"10PIEN r Aaizi�.i:rvir:N-r—Ni:.ic.i u;OawOEthti BOisi'. PAcr;27 OP 42 Page 427 Item#26. Attachment 6: Budget NeighborWorks Boise Owner-Occupied Home Repair PY20 Project#119 Rehab Costs Admin Total IDIS Voucher Award $ 50,000.00 $ 7,000.00 $ 57,000.00 Draw# Date Timeframe 1 2 3 4 5 6 7 8 9 10 11 12 Total $ - $ - $ - Balance $ 50,000.00 $ 7,000.00 $ 57,000.00 PY20 SUBRECIPIENT AGREEMENT—NEIGHBORWORKS BOISE PAGE 28 OF 42 Page 428 EEI Attachment 7: CDBG Supplemental General Conditions CDQG Supplemental General Conditions l'l1CSC "'LI(lllll IIIVIitk1I (ienerlll ('()niliI it)n5 itrc 1t) bC ll�u•L L)r11 Oil 01`Meridian ('LnllnlnIIity DCVCI(III nlcnL Block Cil•dull Illndcd collsn't101011 prgjeul_ Preconstruction Conference Aller the connucl(s) have boun awa'ardud but before t1u:start o1 conSII'LICtion. a C011ibrelll'e v011 he 11CId For the purpose ol` discussing rciluirements on slick maim'S ;15 111'OiCCI sL11)MISl1111. progress went;dull and r411(lrts, pmroll;_ paynioni it) C011U lCRIC'S', CL1liLracl Chitngl; order, insuranw. sull:ty unit outer items pertinent to llle prgjecl, 'the Contructlll• shall arrange it) have all sllbunniniclors and superi-is(li')'Personnel colinveled tw'ith the project on 11mid to I11CeS w6111 I'elll'etielll;]liwL:S Ofille engineer and owner to discuss ttny problems anticipaled Reports and Info+•mation me common; at nwh mans and at well 1(unis as the Cit) may 1'CLILlire. shall lurnisli the C•it} such periodie reports as I'CLILiested pertaining Lo the ww'nrk or see ic" undonaken plll'tiwnt to this Contraa the cults iInd obligation; inckl1.rcd or to Ila incurred In curatediNi tberl'kil. anti wiI ollicr matters cov% 'cd by this contrael• Conflict of Interest No nimWwn ( lAmr, ol•eniMmvCs or me grantee. or its designees LIP agents, no nlcalbcts Of Ills grUrlWC'S gOVO-Ilittg hudy and no other pnhlic orricial or to grantee lvhu exercises any limctions nr responsibilities with respect to this contract during hitilher tentu•C Or li_,r one(I) scar diereallen shall have all)' Inwrom. dhVd or indirect. in work to he pt;rfornivd 11;Con1-1COU 11 With this contract. All comi-actors ;~hall inCurporatl:, ()I cause: LL)bC inCl)rpol'atCd, in:Ill suhcunlracts,a Provision prohihiting such intun�t. Minority Rusiness Enterprise, ,9 ir'm;ltiwu stops twill he token to unm'C that slim;ill, nlimmity Und kniale hLlwtnesses Laid lirnis located In 121hor"urplUs areas We used Won pnssiblu assntirces orsupylios. CLILIipment. volislruciion and icos. Allirinnlive stepw sliall inClUdC 111C 1011mving: 1, 111CILI& ❑Ilw Stich gtkil11ied firms oil solicilation lists. 1, Thal ,ijch firms am Sollelltd whenever they are potential 5oLlrces. 3. When U0110111iCall' 1e(tslb1e. dixi v l ILd 1'eLILlironienlS into small tasks Or i nantifles st) aw Ice permit siio1 linns 111ilvluulll participalinll. 4. whcry Possilllo, establish de11w`ery SehedLllCS lwbieh Will Cllentll'agC RLIC11 11a1'LICIpatltltl. 5, We A SoNkes slid assistacco file stela DLItiNos Ad111ini ratimL IdahIl 1rallsportatIon Deparitnellt`s INsadvwUage Business Enwpitc PrL1gmun. and Wher sowres 1%liei1 appropriate. t24 C R Part 83.36(e)(vi)) I I U D Seedon 3 TV('i]13(i tislllling for this prujocl exceeds $200.000 and the cotlslructlon cantracl. t!rcecds $1 0t},000. Lhe pill'lies to this contract ww ill Comply "AT Me rcgula MIN set Mirth in 24 U R On 131 and all applicable 1111ON and otdcrs OrtlIC LIC1111 tI11011 ititil.led Lheretlnder. Section 1 rciiuircS that 10llle 91'4i101 Cxtellt tentiiblC OppOriLilliIiOS tut'training and enlplol meet be given to ioNk r inco111e rcSidents or we Ilrljut amil and contracts Ior %work In c01111CCtlllll With 111e pAljCcl hL".il 11111CO 10 hLltii0C$6 conetmis which arc 10e'a(Ccl in,or owned in substantial jum by powlllls residing in the area sIl de pl !=L Me parties to this contract ccrtil) find agree thaL the) arc Llnlfcr 110 Wlinaclutl! ar OIhC1' (hilt %Mallet I)JL'lCnt llleill ti'oIll cillvlpl�'jng w4'ith these requirenienis. Aw eontraelor1011 include this Z+CWty 3 (Allow in ONCrw sL1hC0I1trnL3 in eweesy ol'$100,000 t`nt wtork in C11nnection %with the prcnject. 1:i11ILIIC 10lulfill 111CLC 1'eLlllil'C11W1lt% ,hull tiLJ�jCCI fileCOntrUTA01' and',Ubcontraciors. Its succesnrs_ and ossflis t0thoso sartolon,s sped(led ill the I rant agirce'itlCal Illl'Ongh wvhlCh ICLICI.11 ;iti$ISAWC 11 pl'odded, and to nwh Sa11ct1(lns as fire speeiticd h} 24 ('I It fart 135_ PY20SL1131~.-TWIFNI,AaiI =rmfmr.Nt:IC;HonRWoRKsBusi: PAW 290p42 Page 429 EEI handing All bids;Shall be accnnlp ow by a guarantee equal to Lit 1e},15t 111 r lnilX111 01S„1 111'IhC hill t11110Lllll, '11115 guill'itlllec thus- hc`in the lurnl nl'a hand, ccn•liiied check nr other rivgoliahlc inslrunienl. It d boilds 101 lie accori partiod hw powcr i)I'uUurllrt bearing the sonic dLlie as dle Mond. 11`111i's t:olitrao is Ior Lill mllimnt ill vwcsS ofSIO.000. 1110 Col1I1'iiciol• sh1111 l'unlisll a Perfill'I11,1110C hillld it]tin a11101.111t Lit kilsl ctlLlal to one 111LIldred tlercerit I I00l 1) arthe C0111:1d i11'ice LIS.secul•Ily tar the lhkhlill Pudbliriance of udm conuUCL Ifle vontructol shall tilsn Wrnkh a ihq'xtei1f hand h Lin alniiiilil 11t11 ICSS I11i111 011e 11111RINd rerWll (I00%) o1'd1c CUlltrad hl'1L'' as SVLAIJ'ity 10r the ha1111e1ll UI ill) pC mms 11E1'IC11'111111L IL1Nw ,Wer thk Ci11111' O aml tl.trnishing hinicrillh, ill colinvu(ion With this C01111'ilet. idLlhli C•ocle shall l~ovcrn i1'Mk Co U'Ut is SllllLOUD or lc&(24 CT'R Pull 85.36(11) ttlkl IdL1iu1 Codt 31-4005-4000 allld 34-1933-1k)1;)1 i'umic 1Vorics i,icewging orcoiltl•actal's Prior lu the award of the Col1lma, hifldvin whLlil t1 was o Uhtu111 a Iicellae aucd in the stair or Idillln by the Idaho PuHic Works C'unlracturs I]MISC Board in the elms and LMxsWcitied Mr the value Lind scour ol'ililrk In 6C dt117C in aCCordanrr nilh the provision nf"fitic 54. Chapter la), Idaho Code. as ninentled- tiLihcollu'achil's ulrifCl'luI InL to I1cr1'1pril t0l) work c'oacrtixi Ily 111C eollll'aicl Must 060 Poness ur obtain a Howse 1n•itlr to awkird ot'llie crmu'aet_ Alnv Colistruelioll pl'Ojee( wilh till esbiluted COSI af-Icsa Ihatl tan thousand dollarti ($10.000) Ls exelnpl Prom the licenwisi!;: requircnlenl- Standard Enviroumeeit:il Mitigatioii Measures I. The coaslrueiion conlroctors inusl crmiply %%ith the Rules l'alr Ih4 Control ul'AIL' Pollution in Idaho, ll)Afllr 58,OI AlIASLIN) 1mpla1i1emOgprectiu11011s 111 pwvenl IaulliGuliila mutter kmi heowhT airborne. 1 Ifun} itenis ofsuspecOed historical c1r We my mwmoul during construction,the ci.lumuni• Trill he required 10 sLp)7 v1r0f'I% 11nd Co11u141 [lie IdUllo 1)1.11C 11i"ItVIC PI•aselTuLialn C)I'Iice' Mid the Id:1ho l)epurinlsnt of C oln nl VI•ce. 3. Che Collation Lind dis NiS ll (ICwtOrnl and surlilce ~Water 1'11114 W 11 mn We hl'llleel in mum eonQ %hh & Idaho 1)e11L11•lnlQllt Lll'I"'Ilvirolilli,'111ul Qtmlltl•'S (DEQ1 C'ufalog, orsiolli Witter Best h urutgcrllent prilctias tlir tjoWn 0411 Storm ii'iltcr Ireatl17e111 Lind di$ppsnl systems, 4. Ile CoI1imclor 5ha111 cillnplP iOM the pivykims oflllc ILI10ronnierikil PI'oloctloll AgClll`y's National Pollutlait DkIIIIarMIT GhlIM1.40 Syslelll (NPI)I'S) fieneral P011111. RV Stol'ril Waller IJiscilargC 6roln C011S11'LIC-lll111 Aclivilic'ti illlil t11C('[}rt$ImoiLln timno Wulrr I'nlluliun Plkvrutuln Plan BWPPM, i_ INurtrlg to nMs1ru5hW 0 Ilse 111'l1,jc& U" nodal•round talcll•age lank. [ Hal dl'Lllll. AM' WrIltllllOn CMUM1101MMI soil. or debris 1101 schcdLllyd lair rcnioval under the contract are chNu vered, [lie Contractor sli€ill hipmiediii(t•I) nlllil'i the I_ngirlcer and the City. NO 1.11teoll3t S111111 lie Ill€de to eyCavalc% opcll, or reillovc SLICK imiLerial ivithouL i+l'ilwil approval, Clean Ail' ,and Water Act I''l1r all conlrLids and sullemumcls oweeding $ILM litR Me uviu`sirnlr aind all all Willruclors shall wilipl) iiilh the rcyuil%nlCnl, (il'111c C'Icttri Air Act, as anunided. d_' L15C 1857 a sq.. Me Fedoul Waller 11411IL11i0l) C i11Itl•o) ACt,us LInlcndetl. ?3 t ISC' 1368 ul se, uncl the 1vgwnouns ol•the. I'n4'iriln uoWl I Iowa ion Agen ) n hh respect ihcl'rlo. at 40 CVlk 15, as amended. I. 1111y building, 1:161111' or sae listed tin lhr I-PA List of Violating 11641 S as 01•lhis COMM MY-MA he uw+"d in the (,cr1ul'm~au oflllis contract• ?. The eontrockor 1011 comply ii ilh Lill fllr ol-Soclion 1 14 ol`lhr Air Act Lind Section .103 Ill the Walter Act I-Cluling, to insl ecoun, nll7nfloring. entr3. reporI$ and inlbrnlutIHOM US well as islher• lVLI1lip0l1c11l8 SlivcillCd ill SVCH IJti 1 Ia and 308 ol'Ihe retipective Aos, .Intl all regulailinllc 00d gUidclhles iswucd thcrclnlxlcr. 1. Prior losil<ning this eonlract. die cuillmdur shall Ill&Q the givinlee nfanv Comulorocadon front ITA indicating thol n facility to be used in the pel'1i1r0urgec ol'lhis colu'ac'1 Is llnclwl' COASiLI0lall01l 10 he Iisled on the 1,11A I.im till' violating I-iicilik". 4. The commetor shall include or emse to he inelukd We Blur (4) provisions in every Nirlworltrucl in owess of 'i 100,000 and Luke such action as lire govervirrien! nw; dhva as a Limas ol'cllii mog su,sh pl'uvlsions. PY20 S11lil�l:CIPI l_N I ACIkI l tv1L:N r— II:ICL11131)I Wl)lil:s Bold: PAG1.30 Or 4 Page 430 Item#26. Insurance during Construction the Clllitniclol, Shall IM1 0 III CIICCI Wit h00( iIIWIrL III tlOn II'om the date o17CLTI14lrllc(Ilgl ComIn oil CC III Cllt LI lit 11 Iill itI Pily Ill UllI is nlwtd4 and the Pro Iw iA,clUsed-nut PurSuan( lu the 10'I11S 01'thiS C01111'alCl, the following types of insi.1ral1CU. I'LIrl11Cr. 01C contractor kuirI•ams such Inmllll[lCC C0VVI11�,C Shill! [I(:kNrlllcll on kill "o04'Urre Ice"lioI dk and will he ohmincd 1Y'llli Idle l'ollL1 ing. wininium liallil111 linlits: I. Worker~ ('ompens'alian Insurance and 1';lnployer'S Liability Inslnalnce; I l) Slate: �wLlttor} Limits (2) I:mpluycr's Liatbilily- $I0{m(M lice acci(Ient ,$500,000 Discasc. Police' Limit $100.000 Discaso. klich 1•:111pluycc 2. Comprellunsivc or C omilIcrk:i;tl GeneralI I.iahilily Illyurunt:e t\NCII ~hall he.endorsed (0 11un14 Ih4 01'P A it I M I"N I'as. tin ndditinnal insured. It shall illulude preliliscs klperaltionl L1wm:rs and conll'alctol:S piveoivc li.iNlii%, pruductS and complcicd operations lialhility. perS011,11 il)jury 1i11hilily inclucilllg employee: acts. broad Rural properly damage liability' and blanket conlroctual liability, 1Villl Ito 4!\CILI51011 I'or cxPlosin[l (X). copal?so (C)anal undergrotuld (11) hazards; (I) $1.000.000 Ft lcl1 OCCLLI.1•Cl1CC (2) $1'(1tlll.o00 PCI 011al Injury (3) $''7_000_000 Products/Completed Operations la be maintalincd ror two(2) ycors Iilllowing final! payineal (4) S2,000.000(icncral Aggregate Alltoll1nllilc l.lablllll lnsnlilnc4 Illilll7 shall blrc[ldal'scd icl tikllllt Ill!`Clly ill fV ridit111 nv tin aiddilionilI insured. It shall includL: 1e11' I1ldil1 IIl•llll'y and property damage: $1,000,000 C'ombincd Single Limit Proparty or Builder's Risk Insurance If required by the City, the contractor s111111 have ill c11ect Propel'ly or Builder's Risk Insurance. The PI•aperly nr Buildel''s, Risk III1;Ljl-t)IIC0 S111d1 include cove,"sgc Our all clirect phy'sicui IOSS,uisu UMVI1 (IS"Special C al."es cif'Loss" in an amount equal to t1tIL'-htlllLllVkI percent (100%) of the cmilllaled nlahillItlill VAW lll•(llc PRLJCCt tlpelll C01i1111et1011 pith 1110 111'0'.Idesl l{1rm of"all risk" co crage possiblc. Certitieation of Nonsegregated Facilities Vol.rnrllr.lcts in excess Alt$10,000,(lie coll1rac'tlit' curd lion that llc/she does not nialnluin Or Prol'iLkL Ior hi Alel'CIllI)l(lrecs Win st'YR'L'atCd GICility It( 11I1y Ol'his/her c'S1a111liSlinlen(S.and Illal he/slle LIOCS llul pel'lllit Clrlployees tl) periurm their s@l•VIL'CS at ktm lllulti011_ under his/her cuntrul, where segregil(ed Ilicili ies aro mainlalincd. I Ic/she eertilies lill•ther that iu:/she Will not rliailllain or provide for cmptnveas ally Wgregawd i4cililius at any of hiwlher establishments.and he/she Will nut ouch it enlpinycLs lu prl'[urm !licit' SC1l'iCC5 all a111y lovation miler llis/1101'CLItIlrul 15'here segrega(cd lacilil•Ics are maliliwincd. No bidder. olYcror_ wlpl,licmlt Or tiuhC0LI1I'U:(or agrceS that a 11rcaull of'(ilis ceriilication iS a vinlllti0l) 01'111C EL1ual I)pportunity- C lause ol'this contract. As LISed in this, ccrtificaliorl. the kcal "Scgre6mcd Iileilitics" means kale YY,kililig, rooms_ work arcus. rust il1011lti kllld N'altitl r(7{71115, I'eStilnranlS and l7lhLl•cating al'CilS, time cluck;, locket' rooms. iind other Slurag,C Or dl'C;SiI1g arca.S•. *transportulion and housing, Iilt:ilitirS prcnidcd tier CUIPlnyecs Which Lwe segregated by expllcil Jirectivc or are ill s,egrogawd On the MISS of iLaCe, C010r. rclisJOII. Or na6011al origin, because of hohit- ioeul ctistoin. or olherivise. She/he I'urlher ;1�,rces thus (except where She/he has ohwillCd itlenliC31 ccllilitllit)h'; }1111111 PI.OPOSW SIIbC0II1r;lcl0l•a tilr sprrilie link pCl'iotls) Nlio1ic Will ubtuin identical ccrlilicatiaul from proposed 4u111 411 11 1'kl41LT;ti print' to the awk11'd nt'Suhconlracts r,Mceeding S10,000 lY hill 111V IIOt CN0111pl ll'()lll 1110 Ill'ovision.; of till ia)tlall Opportunity Clause: thal She/be mll 101'il'Llyd the IOIIOIIIIlg° I10tice io 511Ch pl'ol?u7til'il S41f1eUIlI1'1Je101'ti (VXCep( WhL7rO PI'LIPOSCd Subv011lractols hive sL1bmiLwd idvi11iiL11 Cel't1IICL1iIs1t1S 1'hr Speclhc (Inic Periods), "I';Ukillg ILllti_ drink111g 1011111a1iLIS, recreation or enler(ainment LirNts, Conti-act !Tiring The Cotil pills a polvelitagc of cost and percentag,e of conwilC6011 cost IrlethoLI ell'cnntl•L1Cting shad 11101 Ile used. 'I MS chulac trvCrt'ideS all re1&VIlceS la the COSL-PILLS method af'I,ricing. Data, Patent, and Copyright PY20 51M1WC"IP11'N'r ACi RUMEN'—NIiIGiI oizWly Ks Boisr PAO,k 31 01;42 Page 431 Item#26. The contractor shoII hold Find save Ills City acid il5 ul•licers,agents,servants and employees halrnlless from IialbiIity 01'aIiy nann'e Or killd,iltrlticllllg COST and exponseS tot',or oil accoulll 01, any{talented tlr' tlnpatCllild iliV01100H,prc1CesS,tll•liCle 01' 11ppliarlce nM111,1fnCR11CLI ul-llsetl in the pert%u'nlanar ot-the conrl'uet,including iIS use by the City, unless tttheiVisu speci lic:ally Slllttllated ill th4 COiRNICI dQCtlllleills. Actess IU Revoii s The grant(w,t1w rectrral gra lltol,agency,the C 0IIll)trullCr GelIeral ut'dw United States, the City or Meridian,or ally of their dLlly kltlt1141'Ized rl[71-eSell tat ive&shall have access to ally books,tlncllnlents,inipers,and r44ords of[lie contraclor which are dircclly pertillenl to Ill isspceitic wil tract,flor the purpose ofttlakin t tltldit. excerpts.811c1 trilnscriptiolls.All I•Cgllil'Cd MCorclS mi-ist be Illallnl(hied by the corti tetor For three(3)years after gralnlec tllalM linal liayments and all other prlldirlL,11nlatters are Closed.(24 (TR Part 85.36(i)(I 0)) Arciliiectui•a1 Barrier Act Any huildinl;designed,cortstrucled or altered Must be made accessible to persons with disabilities, Exceptluns include(I} alterations where accoss Cannot be provided. i.e.roots. Belling systems,I.vater and sewer syslems; (2)alteral[olts are[lut structurally Feasible;or(3)where L1n1(Iorm Federal Aece&sibilily SI_allclards(UFAS)ur Americans Willi Uisalbililies Act (ADD)requirenlellis,:annot lie met according to ulidlle hardship criteria.(42 LISC 41 5 1 ek seq.,N CFR Par[40(LIFAS),24 CFR Part 8) Leml Bvised Paitlt For all residential new construction or rehabilitation,u4e Of Iead belled paint on 811) inkeriorsurFfrce, whether accessible nr inaCCMiltle.loud Owlrr'iur SIn ht4es readily accessible to chi tllldorsevell (7) years of age is prohibited. 17pe surli-wes of all r•.1i.NArti Y1rlI'IrjFe5 rmrst ire• inslivul d. Irload based paint is I'LlUnd nil ally interiorsurrACeS ur alccs:ssiblt stll'lilceS.it must be n caled;it ltl relminic'd lwilh mo(2) cuts of nonleald p1li111;Or Colllltletel3+re1'T7owec[,DI'covered will)t1 SLlltablt;IlliltC la1 SLICI1 ns gypsum wallbuiu'c4,Plywood oi' pinster,(:)M CISC 4801 el Seth,24 C F'R Part 35) Dsivis-Hneon Nod Belated Acts See Federal Lnbor Standards Provisions IALID I-ol-m 4010 within the bicldint�document. Copellittd "Anti-Kickback" Act See Federal Labor Sulndards 1�rnvisions I IIJD f ot'nl�4010 ivitltln the biciclinu cicieuntenl. C'ontruct Wei-it Ilows and Salrety Standar-ds Act,Sections 103 sllld 107 See Federal Labor Stnridal-ds Provisions HUD Form 4010 1 ith111 11W blddlllf?[iO4'tI111en1. Csxeiutive Clydei• 11246: Equal Employment Opportunity During the perfur111"lue (It•IIIiS Cl)ntraet,the contraCttu'II,OeS its tiillokvs: I. The wntractor will not discriminate agalin5t any employee or apillicanl lilt enllllnymellt bCOMISC ctl r,lCe,color.I-Cligi011. sex,or mailollal origin.The contractor will lake atl'irntakive action In Cnsure thm applicant~are endplayed,and that enl1110'Vees are n'Calcd chu•11L) lbeir eallpluyllletil ►vilhutll regard to their race,coinr,religiolt,sex. ur national orighl.Shell ,1C11011 tih;lll IllClllde.but not be limited to Ilic lilllowing: tnlldlotlurcui, rrla r4rclin demotion. ar Ir•cudcl'er; recruilNw al nl• rrC r?I ill Nrlrl al III CrIksiIIY, /In-(r(i or IcI-ildIILIIion; r'tIIcAs I#itc11'or other lojw?s (III roj Ili)e I In it tfi I I,'cmd 5'6ykt ction jv•ireditin , irrrlrr&Ir,>< <rpl�rcwlicc�slrill. The Colttractnr agrees to post Ill C01151)icllous Places,availalalC 10 CI111)l10YCeS attd applicaniti For etlilltr',il'I11Cltt.tiotices to ble provided stung florth the prat is ions ol'this nondiscriniiiiation Clause. 2. The Coll Imclor%viII, in a I I solicitations or aclverlisenients ror empIoyees placed by or oo beltnll'o1'thc contractor,slate that all qualiilwd applicants w1II receive eow;idcraliuna Por elliployllleni willloul regard to race,color, religioli.sex,of nalional origin. 3. 1"Ile Colltrarmor will scrod to much labQr ultioll nr retlresenmIive of wovkt:rs wi[h which he has a collective bargaining. Ilgl.Qemalil Or Other Wilti'M❑l'lglderslancling,a 110liC4•lu br provided advisitTg the said ltlbai' Ullitlll nl' workers' rcpresell1.11iII Cs of the coilwlt:tor's ComilliIIII011[s under this section_and shall post CopiLs,aCthe Notice ill con Sill cunlls places availably,to elllpluyees and:Ipl-dlicallls For employment_ PY20 SUI3REC[i'll ENT AcIRi"L N1tiN•t•—NI;ICil l lic)l2 WoRks Boll PAG H 32 0:42 Page 432 Item#26. 4. 111e contractor will compl) with till provisions tit`l'xeculive. Order 11240 ol'Swptcmbur 24. 1965, and LII the I'Ltles. rwgul,1llL)ns. and relevant orders ol'tlll Seurctary of labor. .. '['lie CulllraCLOr 1tiill 1 111lish all intbrnution and reports rzgL61'1:LI by FVM1l(ve 01-der 11246 o1'SeplCnlbcr 24. 1905. itnd b-, rule.;. reg,ulatkolls. and ortlers ortllt Secrc(ary Lit-Labor. or pursuant thct'CILI, and will permit access it) his books. rCcORK and accounts bN the udntinislering ttgt 1c)' tind the Secretary of I.i1bor l'or purposes Of in vest lgntion In ascertain cunlplianuc 1lilll such rolcw. rCgulations. alld 01-dell'. 6. In tht:evQ111 of 111e L t1IlI1'7kl 1L11''ti 11011cnlllpliallct'. with the nondiscrimination ClausCS ufthi5 cculLrael of 1`,i111 utly of1110 +slid VU10', 1't'LL1101IOlIS, ur ORICrs. (Isis uontmci nlay Ile uliccled{ tCrlllillVltCd, nr SLISPendcLl in 1vhule or pail urn'( the contractor 111,1) hL-LIL!rlLlrcal i1lQIj8il)IC fur lilrlllar gulcrllmcnt cnin-acts or h:dcralO assisted construet]otl eollMiCtS Ill llcellydllilue 1%h1l IWOCCLlures authori-ed in Executi)C Order 112.40 ul'Scplcnlher 24, 1965, and such other' sanctions moy he imposed and rel1lCd ti invoked as provided in I.Auculive OrLlcl• 11240 ol'ScpLember 24, 1965. or b) rule, rcgulotion. or urdcr oF the St@crotal'1 of Labor. nr as otfier i%c provided by law. 7. The colllractor will inClUde till` Portion 0l 111C tielllencC 11111110(Inlet) 111'CCCLIlI1L I1;lrilgl•i11)h L I 1 dill(] khC plVV'1Siol15 01 11L11'Llgraphs (1)through (7) ltl 4"4'el')' SLlhCtlllll%lot 01' l)LI1'CIli1Se order 11111eSS ONCIllplCd by rLIICS. 1'egilkI60115, 01-n1Yie1'S 01 lllc SecrL:l.n of Labor isSued Pla:wuant In section 204 of I:\CCLIIivC OrdCr 11246 ol`SCptenlher 24. 196l . so that SIICII PrLlt'iSlutls hill he binding upon each suhconlractnr or vendor. 'Ihc contraclor will lake such action wilh resp"i to any suhcomract or purehase order its ills administering itg(Nlk•+ nla} direct IS .I +„ ,1,.01'cslf1,l,cing such provisions. illClud'ing sanctions IOi' noncompliance: Provided. homnvr, that Ill Ill e\%:m a CO11tr;Ictur I)CCL1111Cti involved m.or is lhrnitened W1111. I it igai011 rvtlll ti SWIColltraeltlr of vendor us A result of Such direction by the administerllll;' agency the eonLriicLoi'may tt:LlUeSt the 0111tC'd SW(e5 tO C'lltel- rol()SUCK litigatioll to p1't11CCl the II1LCr'eSIS ol'the United 5lalcs, 8 The appticuill 1ar11ler agre' S that it WIII Ile 1101,1110 1)1'[lie Obove equal oppnilunll)' CILILISL' 15 Ith respect to its own employment practices when it Parlieij)OWN in I`cdCrilll) aSSISICLI consu•uclion work: M-ovidcft Mat ifLhe applieallL SO pallicipathig is a`;tilts or local govCrnnlcnt,tilt ahoVC CLluLll oppul•Lunily clause is not iipplicable to ally tlgCl1q. Iltstrllllrtllli)lil) or Subd]visdon ol'such government 1lhich does not porlicipaw Ili work Ulf or undor 111L1 COl1Il%Wt, 9. Tile applicant agrees that it will assist and Cooperate ;miicl) kVilh the 2LII111lliSlC1'Ing agenev and the Sccrctary of Labor in obtaining isle conlpliumv of contractors and sulu'onlrciclors LLith the equal opportullil) L;IaINC and the rules. I•uglll1l1ion5. and relmant orders tit'(lie Sccrclar) of lahor. th11t it 1L ill flurnish the ldlllilljSLCJ'ioL) ilgCIIC, and the SMdill') ill'1.a11ur such inlurnlaliull as Lhe� nut)' I'Ctltlire for thwsuperlision oC"tich culnl)IianCc, and that ii \Sill otllenvisc assist the udlilinistering ugcncy in the discharge of tile ager)cy'ti prilnar) rCsponsihility for sectiriag compliaaee. 10. the appllcillll ILlydicr agrVes lllal it 1%ill rcli-Ain li,oln ellterillg illtO tally Cants t nT ccullraC( nioditication subjCCt Lo I:.Xeculile OldCr 112.46 ofSepten)hcr 24. 1965. With a contractor debIkI 'Cd ll'0111. 01' %%'Ill) 110S 110t dMOMSIrtlled Cligihilil) for, 6overluncnl Contracts 11od lWerally aSsislcd CflllwtrtlCII011 contracts I)LlrSuanL 10 111E 1-.XCcutivC order and will carry OLLI such SWIClialls and POWIticw I'Lir liolalion ui'Iht squill oppoilunit)' Clause aS illay he illrllosed opon contractors and sllhcontlaetors by the adminiswring aymw\ Or the Secretary 01'1.601. 11UI:SLlMA ILl Pal•I Il, S11I11111r•t 1)Ol (llt I-AeC•LItiVe order. In addition, Ibc appliean( agrees th rt il-it 1•,lily or relusCs to Coln ly with Ihese undertakings, the administering agonc) may Bike till) 4r All o C Ill 4)]1o\N ili2 actions: Cm ice I. terminaw, or suspend in whole: or ill pall this gram (contmel. loon. . hISLII'1.1I1CC, gUari nive); 1'0I1_Lllll ll'Ulil C-iWildili all)' turllm. i155i%Ulnee to Ills applicoilt under Ow progralll Ll Ill( rospecl Lo Which the Iiiiluru or refund occurred until tlsswrance or tilturc compliance htrs hcen received tram such applicant: lend icli - till:Cake Ln the Depar1mem oI'Jw;1iC4 tc)I'#lplll'01)111114 iL`gUI l)RICOOdillg;, PY20 S013tt1 CIVII.N r AC;R1TNlI'.N•r—Wicil113()RW(r Ks Boin PAM;33 01'42 Page 433 Item#26. Federal Labor Standards provisions U.S-Department of Housing and Urban Development OfflGe of Libor Relations Applicability (1) The work to be performed by the classification The Project or PW90d111 to whrcll Ilia construction worlt requested la not performed by a classification In the wage covered by this contract pertains is being assisted by the dete(mination; and United States of America and the following Federal Labor 0 The ojassiflcation is utilrzed in the €area by Ilia Standards Provisions are Included Ill this Contract construction Industry,- and pursuant to the prgvisitans applioabla la such Federal (3) The proposed wage rate, Including any bona fide assistance. friilge benefits, bears a reasonable relatronship to the A i, (I) 114111Murn Wages. All laborers and mechanics wage rates contained in the wage determinarioli eltlpl❑yed or w❑rki,ig u)inn the site of the work, will be paid (b) If the contractor and the laborers and mechanics to be wlconditirynally and not less ctien than once a weak. and $replayed In the ctassfflcailon (it known). or their Without subsequent deduction or rebate on any account representatives, and HUD or Its designee agree on the (except such payroll deductions as are permitted by classification and wale rime (Including th0 amount regulaiicrls lsstled by this $ecrelary of Labor under [he designated for hinge benefits where appr❑prlats),a report Copeland Act 129 CFk Part 3). the ruhl amounl of wages of [h:1 acton taken shalt be sent by HUD or Its designee to and bona fide fringe benefit$ (❑r cash egUivahenls thereof) the Administrator of ilia Wage and Flour Qivisign, due al time of payment computed at rates riot less than EIriploynlent Standards Administration, U.B. Department of those contained In the wage determination of the Labor. Washington D.0 20210. The Administrator, or an 5ocretary of Labor which Is alt4cticd herelo and blade a authorized represootaiive, will approve, modify, or part hereof regardless or any c❑ntractuel relationship disapprove every addilion�Yl cisssification action wl#iin 30 which YrlBy be alleged to exist 4alween the contractor and days of receipt and so advise HUD or Its designee or Will such laborers and mechanics Conlrihutions made or notify HUD or Its designs+~ within the 30-day period that costs reasonably anticipated for bona ride fringe benefits additional lime Is necessary. (Approved by (he Office of under Section I(b)(2) of the Davis-Bacon Act on behalf of Management and Budget under QIVIB control number 1215- laborers or mechanics rare considered wages paid to such 0144.) laborers cr Ittechpnics, subject to the provisions of 20 CFR 5 5(a)[1}{Iv)', rake, FegLllAr contributions made or costs (c) In [he event this contractor, Ilia laborers or mechanics Incurred for more than a weekly period (put not less often to be employed in Ilia classification or their than quarterly) under plans funds, or programs which repraselllatives, and HUD ar its designee do not agree on cover the particular weekly period, are deemed to be the pr❑posed classification and ware role (Including the constructively made or Incurred during such weekly period. arTiotinl designated for fringe benefits where appropriate), HULA or Its designee shall refer the questions, Incllrdlng Such laborers and mechanics shall be paid the appropriate the Views of all Iiterested parties and the recommendation wage rate and fringe benefits on the wage delerminaticn of HUD or its designee. to the Adlnlnistrgtor for for the classification of work actually performed, without determination. The Administrator, or an authorized regard to skill except as provided In 29 CFR 5.5(a)(4) ropieselllativa,will issues a delerniination within 30 days of Laborers or mechanics parfcrnling worl( In more than one receipt and so advise HUD or Its designee or will notify class1kcalion may be compensated at the rile specified fat HUD or Its designee within the 30-day period 11iat each classification for [lie lime actually worked 111erein- addllional lime Is necessary. (Approved by the office of Provided, That Ole employer's payroll records accurately Management and Budget under QM8 Control Number set forth the tirnL spent In each classification In which 1215 0140.) work Is poilgrined The wage delerminatlon (Including any (d) The wage iAq (Including fringe benefits Where additional classification and wage rates conformed ulider ro raate delermined p 29 CFR 5-5(a)(1)(li) and the Davis-Bacon poster (WH- aPe p ) pursuant al subpara to hs 1321) shall be poslecl at all iilnes by the contractor and Its work is a (r of this paragraph, shall be paid t❑ All subcontrac,lofs W the site of the work in a prominent and workers performing work In the classi ii iion raider this accessible, place Where It can be easily saeri by the contract from the firs) day on which work is laarfarnaed in workers lt,rr elassiflcalir�n III) (a) Any class of laborers or mechanics which Is not (ill) inrhanaver the minimum wage rate prescribed to the listed In the wage determination and which is to be contract for a class of laborers or rnechanlcs Iru.ludes a employed udder the contract shall be classified In fringe benefil which is not expressed as all hourly rate, the conformance with the wage determination. HUD shall contractor shall either pay the benefit as stated In the approve an additional classlfigalion and wags rats and wage detHarminalion or shall pay another bona fide fringe fringe benefits therefor only when the following criteria benefit or nn hourly cash equivalent thereof. have been niel (Iv) If the contractor does not make payments to a trustee or outer third person, the contractor may consider as part fonn HUD•4010(0612009) Previous adilionsareobeoleto Page I❑fs ref.Handbook 1344.1 PY20 J(1111112 IPlitm,1f GPE-L'MfI;N'1'—Nii)(illtiol;W(IRKS BolSv PA(;v:34 01-42 Page 434 Item#26. of the wages of any laborer or mechanic the amotilii of any communicated In writing to the laborers or mechanics costs reasonably anticipated In providing bona fide fringe affected, and records which show the costs anlicipated or benefits under a plan or program, Provided, That the the actual cost incurred in providing such benefits. Secretary of Labor has found, upon the written request of Contractors employing apprentices or trainees under the contractor, that the applicable standards of the Davis- approved programs shall maintain written evidence of the Bacon Act have been not. The Secretary of Labor may registration of apprenticeship programs and certification of require the contractor to set aside In a separate account trainee programs, the registration or the apprentices and assets Ior the meeting of obligations under the plan or trainees, and the ratios and wage rates prescribed In the program (Approved by the Office of Management and applicable programs (Approved by the Office of Budget under OMB Control Number 1215-0140-) Management and Budget under OMB Control Numbers 2 Withholding. HUD or Its designee shall upon its own 1215-0140 and 1215-0017,) action or upon written request of an authorized tlli (a) The contractor shall submit weekly for each week In representative of the Department of Labor withhold or which any contract work is performed a copy of all cause to be withheld from the contractor under this payrolls to HUD or Its designee if the agency Is a party to contract or any other Federal contract with the same prime the contract, but If the agency Is not such a party, the contractor, or any other Federally-assisted contract conlraclof will submit the payrolls to the applicant subject to Davis-Eaton prevailing wage requirements sponsor, or owner, as the case may be, far transmission to which Is held by the same prime contractor so much of the HUE) or Its designee The payrolls submitted shalt set out accrued payments or advances as may be considered accurately and completely all of the Information required necessary to pay laborers and mechanics, Including to be maintained under 29 CFR 5.5(a)(3)(1 J except Brat full apprentices, trainees and helpers. employed by the social security numbers and home addresses shall not be contractor or any subcontractor the full amount of wages Included on weekly transmtttals Instead the payrolls shall required by the contract In the event of failure to pay any only flood to Include an Individually Idenlifying number for laborer dr mechanic. Including any apprentice. trainee or each employee (e.g, the last four digits of the employee's helper, employed or working on the site or the work. aft or social security number). The required weekly payroll part of the wages required by the contract, HUD or its Information may be submitted In any form desired. designee may, after written notice to the contractor, Optional Form WH-347 Is evallable for this purpose from sponsor, applicant, or owner, take such action as may be the Wage and Hour Division Woh site at necessary to cause the suspension of any further OR Itwzuw.dal.cro vie falwMifomrsl U347ins1J'.171177 or Its payment advance, or guarantee of funds until such successor site The prime contractor Is responsible for violations have ceased HUD or its designee rnay, after the submission of copies of payrolls by all subcontractors. written notice to the contractor, disburse such amounts Contractors and subcontractors shall maintain the fu0 withheld for and mi account of the contractor or social security number and current address of each subcontractor to the respective employees to whom they covered worker, and shall provide them upon request to are due. The Comptroller General shail make such HUD or its designee If the agency Is a party to the disbursements In the case of direct Davis-Bacon Act contract, but if the agency Is not such a party, the contracts. contractor will submit the payrolls to the applicant 3. (1) Payrolls and basic records. Payrolls and basic sponsor . or owner, as the case may be, for transmission to records relating [hereto shall be maintained by the HUD or Its designee, the contractor, or the Wage and Flour contractor during the course of the work preserved for a division of the Department of Labor for purposes of ail period of three years thereafter for all laborers and mechanics Investigalion or audit of compliance with prevailing wage working at the site of the work Such records shall contain requirements.It is not a violation of this subparagraph for a the name. address, and social security number of each prime contractor to require a subcontractor to provide such worker, his or her correct classification, hourly addresses and social security numbers to the prime rates of wages paid (including rates of contributions or contractor for Its own records, wilhout weekly submission to costs anticipated for bona fide fringe benefits or cash HUD or Its designee. (Approved by the Office of Management squivalQnls thereof of the types described in Section and Budget under OMB Control Number i(b)(2)(8) of [lie Davm-bacon Act), daily and weekly 1215-0149.) number of hours worked deductions made and actual (b) Each payroll submitted shall be accompanied by a wages paid, Whenever the Secretary of Labor has found "Statement of Compliance." signed by the contractor or under 29 CFR 5.5 (a)(1)(iv) that the wages or any laborer subcontractor or his or her agent who pays or supervises or mechanic Include ilia amount of any costs reasonably the payment of the parsons employed under the contract anticipated In providing benefits under a plan or program and shall certify the following. described in Section I(b}(2)(B) of the Davis-Bacon Act, (1) That the payroll for the payroll period contains the the contractor shall maintain records which show that the Information required to by provided under 29 CFR 5 5 commitment to provide such benefits Is enfarcaabla, that the (a)(3)(11), the appropriate Inforn,alion Is being maintained plan or program is financially responsible, and that the under 29 CFR 5 5(aJ(3}(i), and that sw'h infornlaiion is plan or program has been correct and complete. Previous editions are o so e e or)i Paga2 o1`5 re Handbook 1344 1 PY20�tJHRI;C'lf°II.N'I,A(il l-F..MENT—NEiiGklB()}tWC ims BOltiti Pw� 35 Or 42 Page 435 Item#26. (2) That each laborer ❑r mechanic (including each helper, Is net registered or otherwise employed as staled above, apprerbce, and tralilee) employed on the corlVgrl during shall be paid not less than llle applicable wage rate on the the payroll period Ines been paid the full weekly wages wage determinatlon for the classifcatioo of work actually earned. without rebate, either directly or indirectly, and performed In addill any apprenlice performing work on il'Ut no deductions have been made either directly or the job site In excess of the ratio permitted under the indirectly from the full wages earned, other than registered program shall be paid not less than the permissible deductions as set forth In 29 CFR fart 3, applicable wage rate on the wage detghmination for the 41) That each laborer or mechanic has been paid not I$gs work actually performed. Where a contraclor is performing than the applicable wage rates and fringe benefits of cash conslrucborn on a project In a locality Other than that In equivalents for the classification of work performed, as which Its program Is registered, [lie ratios and wage rates specified jn the appWable wage determination (expressed In percentages of the Journeyman's hourly Incorporated Into the contract. rate) specified In the contractor's or subcontractor's registered program shall be observed Every apprentice ce The Weekly str�ilhe cell ❑T a properly executed must be paid al not less than Ilia role specified In the VVH-3 7 sh earl forth ❑e the reverse side of Optional r the registered progran, for the appronlice's level of progress. "StWM loo shall sAllsfy the raglrirernank for submission an of mile expressed as a percentage of the journeymen hourly rate 3(11mleM ❑f ConlplisnCe" rgyuired by subparagraph specified In the applicable wage determination A 3(11)(b). Apprentices shall be paid fringe benefits In accordance (d) The falsification of any or the above certifications may with the provisions of the apprenticeship program IF file subject the contractor or subcontractor to civil or criminal appranticashtp program does not specify fringe benefits, prosecution under Section 1001 of Tllle 16 and Section apprenlrc9s must be paid the full amount or fringe bernefils 231 of Title 31 of the United slates Gode listed on the wags delerminotion for the applicable (Ills Tine contr9cl❑i or stibcoril for shall make the classification. If the Admtntstrat❑r determines that a records required under subparagraph A 3,(i) avaiiabla for different practice prevails for the appltcabfa apprenlice Inspection, copying, or transcription by authorized classification, fringes small be paid In accordance with that repr"enlatives of HUD or its designee or the Department determination, in the event the Office of Apprenticeship of Labor, and shall Pill mit such representatives to Training. Employer and Labor Services or a stale Interview employees during working hours on the job if Apprenticeship Agency recognized by the office, the contraalor a subcontractor falls to submit the required withdraws approval of on apprenticeship program, the records or to make them avaliabie, HUD or its designee conliact❑r will no longer be permitted to tdltlze may, after written notice to the contracior, sponsor, apprentices al less than the applicable predetermhned rate applicant or owner, (aka such action as mey be necessary for the work perforated until an acceptable program Is to cause the susponslon of any further paylnenl, advance, approved or guarantee of funds Furlheriore, failure to submit the (it) Trainees. Except as provided In 29 CFR 516, required records upon request or to matte such records trainees will not be pefmilted to wQ,k at lass than the availible may be grounds for debar11Qn1 aotlon pUMI-3ill to predetermined rate far the work performed unless they are 29 CFR 5 12 employed pursuant ',to and Individually registered In a d Apprentices and Tralnees. program which has received prior approval, evidenced by (1) Apprentices Apprentices Will be permitled to work at formal certification by the U.8 Deparimeflt of Lobor, less than the predetermined rate f❑l the work they Emptaymenl and Training AdriMlIsli•ation The ratio of performed when they are employed pursuant to and lralnaes to iourneymen on the jnb site shall not be greater Individually rogistered In a bona fide apprenticeship than permillad under the plan approved by the Program rogistafed with the U.S Department of Labor, Employment and Training Administration Every iralnee Employmenl and Training Adnflnlstralian, Office of must be paid at nol less than the rate specified In the Apprenticeship Training, Employer and Labor Services, or approved prerjram for the trainee's level of progress, with a State Apprenticeship Agency recognized by the expressed es a percerrlage of 01e j❑urneyrrlan hourly rate Office. or If a person is employed In his or her first 00 specified In the applicable wage determination. Trainees days of probatiahary employment. as an apprentice in such shall be paid Cringe benafilg h1 accordance Willi file an apprenticeship program. who Is not Individually provisions of the trainee program. It the Iratnee program registered I7 the progran,, but who has been certified by does not mention fr}nge benefits, trainees shall be paid the Office of Apprenticeship Training, Emptgy❑l-apd Labor the full amount of fringe benerts listed on the wage Services or a Slate Approil loeship Agency (whore deterninall❑n unless the Administrator of the Wage end appropriate) to be eligible for probationary employrnenl as Hour Division determines that there Is an apprenticeship an apprenlice The allowable ratio of apprentices to Program assodlared with the corresponding journeyman journeymen an Ilia job site in any craft classification shall wage rate on the wage determination which provides for not be greater than the ratio permilted to the contractor as less than full fringe benefits for apprentices. Any to the entire work force under (he registered prograln Any employee listed on the payroll at a trainee rate who Is not worker Ilsled On a payroll at an apprentice wage rate, who registered and participating In a training plan approved by reVu]LIS editions are obsolete form IAUD-4o t o(0612009) Pala of5 ref hlandb❑ok 1344 1 Page 436 PY20 Stllllt i''•CIPIINT AGRui:;rl -Ni-It.ii Iii(wWotws Bolin' PACif.36 0P 42 PY20 Ac Rri:nu.N r—Noc',l moia Wc)xms k3ciEsl: FA(.'+I-'37 01.42 Item#26. Page 437 Item#26. the Employment and Training Adlnlrlslraliolw shall be paid awarded HUD conl,Facls or participate in HUD pfograrns nal lass Than the applicable wage rate on the wage PLrr5(ranl to 24 CFR Pair 24. determination for the Work actually performed. In addition. (11) No part of this corllracl shall be subcontracted iO any any trainee poilorrneng work on the job sire in excess of parsan or firm Ineligible for award of a Government the ratio permitted under the registered proprsm sh811 be contract by virtue of Section 3(8) of the Davls•Nacon Act paid not less Ihan the applicable wage rate on the wage of 29 CFR 5,12(a)f1) ❑r [a be awarded HUD conlracts or determination for the work actually performed In the participate In l-IUD programs pursuant to 24 CFR Pail 24. evern the Employment and framing ALII10 ITS iralrarl (III) The penally lar making false stsiaurenls Is prescribed withdraws approrlal of a Iraming program, the contract❑r In the U S. Criminot Cado 18 U S C. $001. Additionally- will no longer be poitnitl4d to utilize trainees at less than U-S. Grtmina) Cade, Section 1 a1 0, like 16, U.S.C., the applicable predetermined rate for the work performed "Federal I•Iausing Administration [rar1sacli❑ns , provides In until an aCCgpt,able program is apprgvevd. parr: "VVh❑ever, for 1hr3 purpose of - - , influencing In any (III) Equal elTtployment Opportunity. The utilization of WAY the hc.lion Of such Administration... . tnalies, utters 6r vipprentices,trainees and Journeymen under 29 CI`h Petri 5 publishes Any statement knoyO ng the same to be raise.. , shall be In cohforinity With the equal empicymenl shall be fined not more [lion 55,000 or Imprisoned no[ opportunity requirenlenls OI Executive Order 11246, as mote than two yot3rs,❑r both." alnehded, and 29 GFR Pan 30. 11. COmplslnts, Proceedings, or testimony by 5 Corilpliai)ee with Copeland Act requirements. The Employees, No laborer or mechanic to whom the wage, contractor shall cOITtply with the requiremeer)ls of 29 CFR salary , or other Iabo: standards provisions Or this Contract Part 3 which are Incorpornted by reference Irr Ihis conleacl are applicable shalt be discharged or In any other manner 6 Subcontracts. The contractor or subconlractorwill discriminated against by the Contraclor or any insert In any subaonimcts the clauses contained In subcontractor because such employee has filed arty subparagraphs 1 through 11 in This paragraph A and such complaint or instituted at caused to be Instituted any other clauses as HUD or Its designee may by appropriate proceeding or has testified or Is about to lestify i1 any InsbuctiOns recluire, aeld a copy of the applicable proceeding under or relating to the labor standards prevailing wage decision, and also a clause requiring the appbcoble urtder this Contl'ae.l to his employer. subconlraclors 10 InclLlde these clauses in dry lower tier B. Contract Work Hours and Safety Standards Act. The sub0Onlrects. The puma contractor shall be responsible prodislons of Ihls paragraph Beare ipplec9ble where lire amount of the to, the complranae by any suboonlracl❑r or Igwvr tier prime conliacl exceeds$100,000. As used In this paragraph, the suhcanlraclor Mill all the contract clauses In this terms"Iaborarsand mechanics"Jrncludt#watchman and guards paragraph (1) Ovartlene requirenlerlts. Nocontracl❑r or strbconlractor 7. Contract termination, debarrnenl. A breach of the contracting for any part of the ountiaetwork which may requie or contract clauses In 29 CFR 5,5 May lac grounds for involve the arrlpl❑yrnaht of laborers of mechanics shall require of farminalion of the contract and for debarment as a permit any suaYl laborer or mechanic In any warkwaak In which the contractor and a subc4ntrelclar as provided in 29 CFR Individual Is employed on such work to work In excess of 40 hours In 5 12 such workweek unless such IAbaier or mechanic receives 8 Compliance with Davis-Bacon and Related Act k equlrenlehts. wfnpensatian al a role not lass Ihan one and one-half limes the basic All rulings and lnleipretallons of the Davis-Bacon and rate of pay for all herb's worked in excass Of 40 flours in such Related Acls conlL,ined Ire 29 CFrt Parts 1, 3, and 5 are workweek herein Incorporated by reference in this contract (2) Vlo(@Uan: liability for unpaid wages-, liquidated 9, Disputes concerning labor standards Disputes damages. In the event of any violation of the clause set arlslrig out of the tenor standards provisions of this forth in subparagraph (I) of [his paragraph, the contractor contract shall not be subject to the general d(spuies and any suba4n1raclor responsible therefor shall be Liable clause of this contract Such disputes shall be resolved In for the unpaid wages. In addition, such contractor and accordance with the procedures of the Department of subcontraclor shall ba liable to that United 5lales (In the Labor sw forth in 29 GFR Paris 5, fin and 7 Disputes case of work done under contract lot the Distncl Of within the meaning of this clause include disputes between COIUirnbia or a lr#rritory- to such C)lslrrCl or to such the contractor (or tiny of Its subcontractors) and HUD or territory) for liquidated damages Saclt liquidated Its designee, the U $ Department of Labor, w the damages shall be completed Willi respect to each Individual employees or their reapresenla0ves. laborer or mechanic, InciLldrng watchrtlen and gLlards. 10 (1) Cortlficatidn Of Eligibility. 6y eentarlrg Into thla employed In violation of the clause set rorth In contsubparagraph (1) Of this paragraph in the fium ofS10 for each slial nor the cperson r certifies flyer neither II (oar he or calendar day On Which such Indio}dual was squired or perrnilted to CGnshe) nor any person or person Wf10 has all ineliInteigible In ilia work in excess of[he standard workweek of d0lwurswillia4lt payment awai actor's firm is a person ear Firm in eCiblra to be ortheaveileme wacdesrequersd by the clause set forth in sub awarded Government Contracts by virtue of 5acli❑n 3(a) of paragraph(I) of this paragraph the Davis-Bacon Act or 29 CFR , 12(a)(1) or la be Previous e I Ions are nbsolele form HUD•4010(0612009) Page4of5 fef.Handbook 1344 1 PY20 SLIf31tr_0pq—,N1-0111-4,.MENT—NPICH1BOKWORKs B1714I. PACt1,38 Of.,42 Page 438 Item#26. (3) UUithholding for Lmpaid wages and Ilquidaled daniagos. HUD at its designee shall upon Its own faclion ar upon written request of an 9010rl7ed representative of the Department of Labor withhold or dausa to be withheld, from any nioneys payabta on account of work psrlormed t>y the contractor or subcontractor under any 6u4h contract or any other Federal contract with the same prime contract, or any other Federally-asslsted contract subf ect to the Contract Work Flours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor fcr unpaid wages and liquidated damages as provided In the clause set forth In subparagraph(2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall Inserl In any subcontracts the clauses set forth In subparagraph (1) through (4) of this paragraph and also a clause requirinp the subconlroctors l0 Include these ulause5 In any lower tier 3ubconkract8, The prime contractor shalt be responsioIe for compliance by any "bc0ntracl0r or lower tier Suixonlradtor with the causes set forth In subparagraphs (1) through (4) of this paragraph. C, Health and Safety. The provisions of this paragraph C are applicable where Me amount of the prime contract exceeds$10o,000 (1) No laborer or machanic shall bo required to work In surroundings or under working conditions Whlch are unsanitary, hazardous, or dangerous to his Health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations Iu-sued by the Secretary of Labor pursuant to Title 29 Part 1925 and railure to comply may result in Imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act. (PuMc Law 91.64, 83 Stat 96). 3701 et sea. (3) The contractor shall Include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development at, the Secretary of Labor shall direct as a means of enforcing suoll provleions. Previous edlUonsare❑bseielr form HLJD-1010(013,12009) Pa-,leSof5 ref.Handbook 1344,1 Page 439 PY20 SUUBRECIPIEN'r AGREEMENT—Niaiill3t]RWmKS 130ISI: PA(4;39 01.,42 Item#26. �!�/7U 51i13R1('II'llyN f ACRf I MiI.NI—NII(illl ORWORO Bc)ISI- PAOt,i4 O( ,42 Page 440 Prime Contractor' s Certification Concerning Federal Labor Standards (Davis Bacon) Local Government Name: CDBG Number and Project Name : The undersigned prime contractor, having executed a contract with the City of Meridian in the amount $ for the construction of the above4dentified project, certifies that: 1 . The Federal Labor Standards Provisions (e. g. Davis- Bacon Act, Copeland Act, Contract Work Hours and Safety Standards Act) and Prevailing Wage Decision (s) are included in the project ' s contract documents. 2 . All laborers and mechanics employed on the project will be paid according to the appropriate Prevailing Wage Decision # , MOD# 3 . Corrections of any infractions of the Federal Labor Standards Provisions, including infioactions by any subcontractors and any lower tier subcontractors, is this contractor' s responsibility. 4. Neither this contractor, any subcontractor, nor any affiliates, have been declared ineligible to participate in federally fiuided construction projects . 5 . Contractor agrees to obtain and forward all Subcontractors ' Certification concerning Federal Labor Standards Provisions and Prevailing Wage requirements to the Local Government or Local Government ' s representative within ten ( 10) days after execution of any subcontract. Prime Contractor Tax ID Number Address City, State Zip DUNS Number Prime Contractor Signature Date i I , I t � C� a C � CW) Vim. PY20 SUBRECIPIENT AGREEMENT - NEIGHBORWORKS BOISE Item#26. Subcontractor's Certification Concerning Federal Labor Standards (Davis Bacon) Local Government Name: City of Meridian: CDBG Number and Project Name: The undersigned subcontractor,having executed a contract with for (Prime Contractor) (Nature of Work) in the amount of $ for the above-identified project,certifies that: 1. He/she will comply with the Federal Labor Standards provisions(e.g. Davis-Bacon Act,Copeland Act,Contract Work Hours and Safety Standards Act)and Prevailing Wage Decision(s)as per the project's contract documents. 2. All laborers and mechanics employed on the project will be paid according to the appropriate Prevailing Wage Decision# ,MOD# 3. Corrections of any infractions of the Federal Labor Standards Provisions,including infractions by any lower tier subcontractors,is this subcontractor's responsibility. 4. Neither this subcontractor,nor any affiliates,have been declared ineligible to participate in federally funded construction projects. 5. This subcontractor agrees to forward a Subcontractor's Certification concerning Federal Labor Standards provisions and Prevailing Wage requirements to the Prime Contractor within ten(10)days after execution of any subcontract. Subcontractor Tax ID Number Address City, State Zip DUNS Number Subcontractor Signature Date PY20 SUBRECIPIENT AGREEMENT—NEIGHBORWORKs BOISE PAGE 42 OF 42 page 442 Item#27. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Interagency Agreement Between the Ada County Highway District (ACHD) and the City of Meridian for Water Improvements for Ten Mile Road and Amity Road,ACHD Project No. 308044 Page 443 Item#27. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Al Christy, Public Works Meeting Date: October 13, 2020 Presenter: Al Christy Estimated Time: 5 Min. Topic: Interagency Agreement Between The Ada County Highway District And The City Of Meridian For Water Improvements For Ten Mile Road And Amity Road. ACHD Project No. 308044 Recommended Council Action: 1. Approve the attached agreement with the Ada County Highway District ("ACHD"). 2. Authorize the Mayor to sign the agreement. Background: DEPARTMENT CONTACT PERSONS Al Christy- Transportation and Utility Coordinator 208-489-0352 Brent Blake - Project Manger 208-489-0340 Warren Stewart, City Engineer 208-489-0350 Dale Bolthouse, Director of Public Works 208-985-1257 I. DESCRIPTION A. Background ACHD will be installing a roundabout at Ten Mile Road and Amity Road as part of their 2021 roadway program. As a utility within the public right of way, the City is responsible for adjustment of water and sewer infrastructure to allow for roadway projects. As part of the construction, City of Meridian utilities are being adjusted to meet required clearances. The construction will also allow the City to stub out utilities for future development. B. Proposed Project ACHD will install a roundabout at the Ten Mile Road and Amity Road intersection. During construction,ACHD will have City of Meridian water improvements installed by their contractor. The water portion will consist of the adjustment of approximately 1250 ft. 16-inch PVC pipe, subsequent adjustments of water valves, and the installation of one water service stubs. Page 444 Item#27. II. IMPACT A. Strategic Impact: This project is aligned with the Public Works objective of being opportunistic in planning for growth and infrastructure needs. B. Fiscal Impact The costs of the City of Meridian infrastructure improvements are estimated to be $135,364.80 and will be funded from the account, as shown below. The actual costs will be presented to Council for approval following the bid opening for this project. Project Costs: -------------------------------------------------------------r----------------------------------------------------------------------r Fiscal Year 2021 Amity and Ten Mile $135,364.80 ------ ---------------------------------- --------- - Total $135,364.80 Project Funding --------------------------- Fiscal Year 2020 Account Code / Codes Water Main Extensions 3490-96140 $135,364.80 ---------------------------------------------------------------------- Total Funding $135,364.80 III. TIME CONSTRAINTS ACHD plans to start construction on this project in February 2021. City approval of this agreement is required for ACHD to install water improvements as part of their project. This agreement is on the ACHD Commission agenda for the October 21, 2020. ACHD plans to award the bid for this project in February 2021. IV. LIST OF ATTACHMENTS A. Interagency Agreement between Ada County Highway District and the City of Meridian for water improvements. Approved for Council Agenda: Page 445 Item#27. INTERAGENCY AGREEMENT FOR: ROADWAY CONSTRUCTION/WATER CONSTRUCTION Ten Mile Rd and Amity Rd ACHD PROJECT NO. 308044 THIS INTERAGENCY AGREEMENT FOR ROADWAY CONSTRUCTION/WATER CONSTRUCTION ("Agreement") is made and entered into this 13th day of October , 2020, by and between the ADA COUNTY HIGHWAY DISTRICT, a highway district organized under the laws of the State of Idaho ("DISTRICT" or "ACHD"), and the CITY OF MERIDIAN, a municipal corporation organized under the laws of the State of Idaho ("MERIDIAN" or "City"), regarding ACHD Project no.308044. RECITALS WHEREAS, ACHD is a single county-wide highway district, a public entity, organized and existing pursuant to Idaho Code Title 40, Chapter 14, as amended and supplemented, with the exclusive jurisdiction and authority to maintain, improve, regulate and operate public rights-of-way in Ada County; WHEREAS, City is a municipal corporation organized and operating pursuant to Idaho Code Title 50, as amended and supplemented with jurisdiction, authority and police power to regulate and control municipal activities within the City; WHEREAS, Idaho Code § 67-2332 provides that one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity or undertaking which each public agency entering into the contract is authorized by law to perform, provided that such contract is authorized by the governing body of each party and that such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties; and WHEREAS, DISTRICT and MERIDIAN desire to undertake a cooperative effort to incorporate into the DISTRICT'S road construction projects known as TEN MILE ROAD AND AMITY ROAD ("Project" or "Project Boundaries"), certain modifications or improvements to City owned facilities, including constructing water services, adjusting water valve boxes and covers, and correcting potable/non-potable spacing issues (collectively, "City Water Improvements") as detailed in Project no. 308044, to be constructed pursuant to a separately-executed agreement between DISTRICT and the selected Contractor ("CONTRACT"); and WHEREAS, DISTRICT is willing to accommodate MERIDIAN'S request by including the City Water Improvements in the Project plans, subject to the terms, conditions and obligations set forth in this Agreement and so long as DISTRICT receives assurances by the City that it will fully reimburse DISTRICT for all actual costs including, without limitation, any indirect costs and expenses that DISTRICT incurs as a result of the additional work attributable to the modification or installation of the City Water Improvements within the Project Boundaries; and Page 1 of 9 Page 446 Item#27. NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL: a. Be the party responsible for soliciting, receiving and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction and City Water Improvements referenced herein, which CONTRACT shall include, inter alia, a provision that all work required for the City Water Improvements shall be performed in conformance with the most current edition of the Idaho Standards for Public Works Construction (ISPWC) and the most current City of MERIDIAN Supplemental Specifications to the ISPWC. It is hereby specifically agreed that: i. Adjustment of water valve boxes and covers to grade shall include reconstruction in conformance with ISPWC Section 404, and b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the City Water Improvements. c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S written concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to making such award. MERIDIAN'S concurrence shall specifically acknowledge that the City Water Improvements are and shall be subject to the terms and conditions of this Agreement. If MERIDIAN does not concur, DISTRICT shall remove the City Water Improvements and if necessary, rebid the Project. MERIDIAN shall be responsible and shall reimburse DISTRICT for any and all costs suffered by DISTRICT attributable to the removal of the City Water Improvements from the Project and if applicable, the rebidding of the Project. d. Include in the CONTRACT, a term providing that MERIDIAN will have the right and authority to work directly with the Contractor to resolve any claims relating in any way to the City Water Improvements and that any such claims will be reviewed, approved or denied by MERIDIAN including enforcement of the 2 year warranty period to be started at the date described in the final acceptance letter from MERIDIAN. e. Coordinate with MERIDIAN should any changes be made to DISTRICT's portion of the CONTRACT or work pursuant thereto that does or may impact the City Water Improvements. f. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT. g. Submit to MERIDIAN a copy of each design consultant billing attributable to the City Water Improvements if applicable and Contractor progress payment estimate, and the final CONTRACT payment estimate, as such estimates are approved by DISTRICT after obtaining MERIDIAN'S concurrence regarding MERIDIAN'S portion Page 2 of 9 Page 447 Item#27. of the CONTRACT, together with an invoice for MERIDIAN'S share of the construction CONTRACT costs earned by and to be paid to the Contractor. h. As applicable, provide for the reference and replacement of all pre-existing survey monuments within the Project. i. Provide the field survey and grade control necessary for construction of the roadway. Centerline or offsets and stationing shall be established prior to the City staking any potable water service lines, water valve boxes, manhole locations, and other City facilities. j. At the conclusion of the Project, submit to MERIDIAN written documentation of expenditures with an invoice for payment of all costs and expenses the DISTRICT incurs, in addition to those provided under paragraph 1.g. above, as a result of the additional work attributed to the City Water Improvements within the Project Boundaries, including but not limited to, costs or changed conditions, plan errors and omissions, and delays attributable to design and/or installation of the City Water Improvements. k. Indemnify, save harmless and defend regardless of outcome, MERIDIAN from expenses and against suites, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any negligent acts by DISTRICT or DISTRICT'S officers, employees, agents or contractors while acting within the course and scope of their employment, which arise from or which are in any way connected to the City Water Improvements. Such indemnification hereunder by DISTRICT shall in no event cause the liability of DISTRICT for any negligent act to exceed the amount of loss, damages, or expenses of attorney fees attributable to such negligent act, and shall not apply to loss, damages, expenses or attorney fees attributable to the negligence of MERIDIAN. This duty to defend, indemnify and hold harmless is subject to the limitations of Idaho law, including Article VII Section 4, Idaho Constitution and Idaho Code Title 6 Chapter 9 (the Idaho Tort Claims Act), and to any other limitations set forth in the Agreement. 2. MERIDIAN SHALL: a. Provide the inspection, field survey and grade control required for the installation of all City Water Improvements incorporated into the Project and installed and adjusted under the CONTRACT and provide copies of appropriate tests and construction diaries to the District Project Representative as designated by DISTRICT. b. Provide DISTRICT with the special provisions if applicable, and stamped plans, bid quantities and an Engineers Estimate (or pursuant to Paragraph 1.g. pay the DISTRICT the actual cost if the DISTRICT'S design consultant prepares the same) for the City Water Improvements to be incorporated into the Project and included in the bid documents for the CONTRACT (all work required for the City Water Improvements to be performed in accordance with the most current edition of the Idaho Standards for Public Works Construction (ISPWC), the City's Supplemental Page 3 of 9 Page 448 Item#27. Specifications to the ISPWC, and the City's Revisions to the Standard Specifications). c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of any invoice referenced in paragraph 1.g., all funds for which MERIDIAN is responsible pursuant to the approved progress payment estimate and the final CONTRACT payment estimate. d. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice referenced in paragraph 1.j., all funds for which MERIDIAN is responsible pursuant to this Agreement. e. Reimburse DISTRICT five percent (5%) of MERIDIAN'S construction costs attributable to the City Water Improvements as payment toward the additional costs incurred by DISTRICT, including overhead and benefits, and project administration costs which include but are not limited to: public advertisement of the Project, supplying bid plans, supplying construction plans, preparing and holding the preconstruction meeting, generating monthly pay estimates and paying the Contractor, preparing change orders, general construction project oversight, and maintaining construction project files. f. Reimburse DISTRICT for mobilization, traffic control, flagging, detours and weekly meetings on a prorated basis. The prorated basis for the above items will be calculated using the percentage of MERIDIAN'S project costs as they relate to the total project construction costs. g. Provide (at City's sole costs) trench compaction testing for the City Water Improvements from one-foot (1') above the pipe zone to sub-grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per one thousand (1,000) lineal feet, minimum one (1) for every three (3) transverse trenches; provide all re-testing required in any area that does not meet CONTRACT requirements; and provide copies of tests for the area along the alignment of the pipeline to the designated DISTRICT representative. h. Be liable for the cost of repairing any trench failure attributable to the City Water Improvements within the Project Boundaries, and be liable for and indemnify, defend and hold DISTRICT harmless for any and all costs, claims, and damages resulting from any such trench failure. This duty to indemnify, defend, and hold harmless is subject to the limitations of Idaho law, including Article VIII, Section 4, Idaho Constitution and Idaho Code Title 6, Chapter 9 (the Idaho Tort Claims Act), and to any other limitations set forth in the agreement. i. Reimburse DISTRICT for any additional costs to DISTRICT over and above costs specifically enumerated herein, where such costs are attributable to the installations, adjustments, relocations and abandonments of the City Water Improvements or to the removal of any or all items from the CONTRACT that are associated with the installation of the City Water Improvements. Page 4 of 9 Page 449 Item#27. j. Indemnify, save harmless and defend regardless of outcome, DISTRICT from expenses and against suites, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any negligent acts by MERIDIAN or MERIDIAN'S officers, employees, agents or contractors while acting within the course and scope of their employment, which arise from or which are in any way connected to the City Water Improvements. Such indemnification hereunder by MERIDIAN shall in no event cause the liability of MERIDIAN for any negligent act to exceed the amount of loss, damages, or expenses of attorney fees attributable to such negligent act, and shall not apply to loss, damages, expenses or attorney fees attributable to the negligence of DISTRICT. This duty to defend, indemnify and hold harmless is subject to the limitations of Idaho law, including Article VII Section 4, Idaho Constitution and Idaho Code Title 6 Chapter 9 (the Idaho Tort Claims Act), and to any other limitations set forth by law or in the Agreement. k. Work directly with the Contractor to resolve any claims relating in any way to the City Water Improvements; any and all such claims will be reviewed, approved or denied by MERIDIAN and MERIDIAN shall indemnify, save harmless and defend regardless of outcome, DISTRICT from expenses and against suites, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any and all such claims regardless of the outcome of the City's efforts to resolve said claims with the Contractor. This duty to indemnify, defend, and hold harmless is subject to the limitations of Idaho law, including Article VIII, Section 4, Idaho Constitution and Idaho Code Title 6, Chapter 9 (the Idaho Tort Claims Act), and to any other limitations set forth in the agreement. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. In accordance with Idaho Code § 67-2332, the purposes, powers, rights and objectives of each of the parties are as set forth in the Recitals above. Each of the Recitals above is incorporated into the body of this Agreement. b. The amount to be reimbursed to DISTRICT by MERIDIAN for MERIDIAN'S portion of the Project shall be based on the actual quantities of work acceptably performed and/or installed, as determined from field measurements made by MERIDIAN, and paid for pursuant to the unit, and or lump sum prices, established in the CONTRACT. c. DISTRICT shall obtain MERIDIAN'S approval prior to commencement of any change order work involving the installations, adjustments, relocations and abandonments of City water facilities. d. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect within the entire Project Boundaries for the purpose of reviewing the Project to locate any unstable areas and to resolve any items of concern or misunderstanding. e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto. Page 5 of 9 Page 450 Item#27. f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement. g. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action. h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada. i. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. j. Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of Article VIII, Section 3 of the Idaho Constitution. k. The validity, meaning and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. I. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to the other in any manner by any representations, warranties, covenants or agreements except as specifically set forth herein. m. The promises, covenants, conditions and agreements herein contained shall be binding on each of the parties hereto and on all parties and all persons claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. n. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. o. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by DISTRICT and MERIDIAN. p. The headings used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. Page 6 of 9 Page 451 Item#27. q. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same. r. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. s. This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person not a party hereto. t. All parties have been represented by legal counsel, and no party shall be deemed to be the drafter of this Agreement for purposes of interpreting an ambiguity against the drafter. u. Time shall be of the essence for all events and obligations to be performed under this Agreement. Without limiting the foregoing, in the event that MERIDIAN does not timely comply with any of its obligations hereunder, DISTRICT shall have no obligation whatsoever to incorporate, facilitate, and/or complete the City Water Improvements, regardless of whether prior approval has been given by DISTRICT to MERIDIAN. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: ADA COUNTY HIGHWAY DISTRICT By: By: , - Bruee- ':�kx C�e__ Mary-May -Dian ar G--("&CAI C�1j ,(t1 f President, Board of Commissioners ATTEST: %tY�.:c�; CITY OF Meridian, Idaho t,,re 104M0 SP.1it, By: By: t/'i.iti11'1L1* Chris Jo nson Robert E. Simisomr City Clerk Mayor Page 7 of 9 Page 452 Item#27. STATE OF IDAHO ) ) ss. COUNTY OF ADA ) On this day of + � �-� 20 before me, the undersigned, personally appeared-MARY-MAY and BRUCE WON , President of the Board of Commissioners and respectively of the ADA COUNT HIGHWAY DISTRICT, a body politic and corpo te, known to me to be the person�wexecuted se names are subscribed to the within instrumen , and acknowledged to me that th theL same for and on behalf of said body. —( 6W C-4 r� lie,, t�►�I CT'�b� IN WITNESS WHEREOF, I have hereunto set my hand?and affixed my official seal the day and year first above written. i ••••,H1n�q,���, - •``•� 1, spy •,, o••• 4G•.•00 pR ,••• VC�•,�,� Y ':�� Notary Pubh r Jdaho 62051 Residing at 5{� , Idaho • Comm - My commission expires: r c 0 &g:vBV .•'��.•' August 13, 2025 q OF ••••••. ,•J•HJJJr••, Item#27. STATE OF IDAHO ) ) ss. COUNTY OF ADA ) On this l Atli day of October 2c 20, before me, the undersigned. personally appeared ROBERT E. BIMIBON and CHRIS JOHN ON, Mayor and City Cleric respectively of MERIDIIAN CITY, a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me t" they executed the same for and on behalf of said corporation. IN �ITNE B WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public for Idaho Residing at Meridian , Idaho My commission expires: 3-28-2022 Page 9 of 9 Page 454 Item#28. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Project Management Agreement with Qwest Corporation dba CenturyLink QC for Sewer Line Repair -Ten Mile Road Page 455 Item#28. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Emily Kane, City Attorney's Office Meeting Date: 10/13/2020 Presenter: Laurelei McVey, Deputy Director of Utility Estimated Time: 1 minute Operations, Public Works Department Topic: Project Management Agreement with Qwest Corporation dba CenturyLink QC for Sewer Line Repair-Ten Mile Road Recommended Council Action: Please authorize Mayor Simison to execute this agreement on behalf of the City of Meridian. Background: In February of 2020, Public Works discovered that a sewer pipe on Ten Mile had been punctured by a conduit that belongs to CenturyLink. The strike punches into one side of the pipe and out the other. It is in the upper part of the pipe, and while it has not rendered the pipe nonfunctional,the breach is causing groundwater incursion and could ultimately result in catastrophic failure of the line. CenturyLink has agreed to pay all expenses necessary to repair the pipe, on the condition that the City serves as the project manager, also at CenturyLink's cost. The Public Works Department has available capacity, resources, and expertise to manage this project. This agreement establishes the terms and conditions of the arrangement between the City and CenturyLink. Specifically, it requires CenturyLink to make an initial payment of$100,000 for the City's costs to bid out the contracts necessary to accomplish the repair, as well as the City's project management costs. If the City's costs exceed the initial payment of$100,000, CenturyLink agrees to pay all additional costs. Page 456 Item#28. PROJECT MANAGEMENT AGREEMENT: SEWER LINE REPAIR—TEN MILE ROAD This PROJECT MANAGEMENT AGREEMENT: SEWER LINE REPAIR—TEN MILE ROAD ("Agreement") is made and entered into this 13th day of October , 2020, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and Qwest Corporation d/b/a CenturyLink QC, a corporation organized under the laws of the State of Colorado ("CenturyLink"). WHEREAS, a sewer main owned by City, located on the west side of S. Ten Mile Road, approximately 425 feet south of the intersection at S. Vanguard Way, in Meridian, Idaho, has been punctured and damaged by a conduit ("Damage") owned by CenturyLink; and WHEREAS, City has agreed to procure a general contractor and provide project management services in order to repair the Damage, pursuant to CenturyLink's commitment to pay all costs related to such repair, as specified in this Agreement; NOW, THEREFORE,in consideration of the mutual covenants and agreements herein contained, the parties hereto agree as follows: I. CITY'S OBLIGATIONS City shall provide each and all of the following services, at CenturyLink's sole expense. A. Project Management. City shall solicit bids and execute all necessary contracts for repair of the Damage, which contract shall include, but shall not necessarily be limited to: general construction oversight, regulatory compliance, mobilization, coordinating with underground utility owners, excavation, traffic control, trench compaction testing, and roadway reconstruction (collectively, "Project"). The bid solicitation and contracting process shall comply in all respects with City's purchasing policy and all applicable laws and regulations, and shall include, inter alia, a requirement that all work required for the Project shall be performed in conformance with the most current edition of the Idaho Standards for Public Works Construction ("ISPWC") and the most current City of Meridian Supplemental Specifications to the ISPWC. B. Pay invoices. City shall pay all costs attributable to the Project within thirty (30) days of receipt of invoice. C. Record staff time. City shall track and record the time spent by City employees on Project, whether time is spent managing the Project, reviewing documents, inspecting work, or any other time attributable to any aspect of the Project. CenturyLink shall pay to City an hourly rate of$50.03 (fifty dollars and three cents) for all time spent by City Public Works Department employees on Project. D. Invoice CenturyLink. City shall submit to CenturyLink monthly, itemized invoices, to include enumeration and documentation, as appropriate and available, of all costs and PAGE 1 OF page 457 Item#28. expenditures to be reimbursed or otherwise paid by CenturyLink pursuant to this Agreement. City shall credit all deposits received by CenturyLink underthis Agreement toward amounts due and owing for costs incurred by City in the course of completion of Project, and invoices provided by City to CenturyLink shall reflect such credits. E. Refund overpayment. If City's actual costs incurred to complete the Project are less than the deposits received from CenturyLink under this Agreement,the City shall, within thirty(30)days of City's final acceptance of Project work and closeout of the Project, refund to CenturyLink the difference between deposits received and the City's actual costs. F. City Contact. City shall provide CenturyLink the name, e-mail address,and telephone number of specific City personnel (hereinafter"City Contact")who shall serve as the primary contact between City and CenturyLink for all day-to-day matters regarding Project. II. CENTURYUNK'S OBLIGATIONS CenturyLink shall provide each and all of the following services and complete each and all of the following tasks, at CenturyLink's sole expense. A. Provide plans. CenturyLink shall provide to the City's Engineering Division a full set of professionally engineered and stamped construction drawings for Project, and shall work with the City Engineer to make any and all necessary corrections and modifications as directed by the City Engineer. Completed plans shall be stamped"Approved for Construction"by the City Engineer prior to commencing any work on the project. CenturyLink shall be responsible for delivery of Final Plans to City. B. Initial and subsequent deposit. Within fourteen(14) days of execution of this Agreement, CenturyLink shall pay to City one hundred thousand dollars ($100,000.00). If the accepted bid for completion of the Project is over one hundred thousand dollars ($100,000.00), within fourteen(14) days of award of the general contract for Project, CenturyLink shall pay to City the difference,if any, between one hundred thousand dollars ($100,000.00)and the accepted bid. In no event shall City refund any amount of CenturyLink's deposit(s) received until final acceptance of Project work and closeout of the Project, as set forth in section I.E.,above. Deposits received by City from CenturyLink pursuant to this provision shall be credited toward the total amount due and owing to City for repair of Damage and any related expenses of Project. C. Reimburse City. CenturyLink shall pay to City,in full, any and all amounts due and owing for all invoices received, within thirty (30) calendar days after the date of any invoice from City. CenturyLink shall reimburse City for: 1. The full cost of any and all payments made by City to contractors for repair of the Damage; 2. The full cost of City employees' time spent on Project, at the hourly rate set forth in this Agreement, and PAGE 2 OF 5 Page 458 Item#28. 3. Any and all additional costs and expenses incurred by City for Project over and above costs and expenses specifically enumerated herein, which are otherwise related to repair of the Damage, including,without limitation, costs related to engineering, permits and licenses, change orders, easements, installations, adjustments, relocations, abandonments, changed conditions,redesign,plan errors and omissions, and/or delays. D. CenturyLink Contact. CenturyLink shall provide City the name, e-mail address,and telephone number of specific CenturyLink personnel (hereinafter "CenturyLink Contact') who shall serve as the primary contact between CenturyLink and City for all day-to-day matters regarding Project. III. GENERAL PROVISIONS. A. Notice. Communication between City Contact and CenturyLink Contact shall occur via e- mail or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: City CenturyLink: City of Meridian CenturyLink City Attorney Brett McKinney 33 E. Broadway Avenue Sr. Mgr. Local Network Implementation Meridian, Idaho 83642 11425 W. Executive Dr. Boise, ID 83713 brett.mckinney@centurylink.com 208-331-5307 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. B. Assignment. Neither party shall assign or sublet all or any portion of its respective interest in this Agreement or any privilege or right hereunder,either voluntarily or involuntarily, without the prior written consent of the other party. This Agreement and each and all of the terms and conditions hereof shall apply to and are binding upon the respective organizations, legal representative, successors, and assigns of the parties. C. No agency. For purposes of or in furtherance of this Agreement, neither party nor its respective employees, agents,contractors, officials, officers, servants, guests, and/or invitees shall be considered agents of the other in any manner or for any purpose whatsoever. D. Indemnification. CenturyLink shall indemnify, save harmless and defend,regardless of outcome, City from expenses and against suits, actions, claims or losses of every kind,nature and description, including costs, expenses and attorney fees caused by or arising out of any negligent acts by CenturyLink or CenturyLink's officers,employees, agents or contractors while acting within the course and scope of their employment, which arise from or which are PAGE30F5 Page 459 Item#28. in any way connected to the Damage or the Project, except to the extent such liabilities were caused by City's willful or criminal misconduct, gross negligence or fraudulent conduct. E. Compliance with laws. In performing the scope of services required hereunder, City and CenturyLink shall comply with all applicable laws, ordinances,and codes of Federal, State, and local governments. F. Attorney Fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled,in addition to any other relief as may be granted,to court costs and reasonable attorneys' fees as determined by a court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default,termination or forfeiture of this Agreement. G. Time of the essence. The parties shall fulfill obligations described in this Agreement in a timely manner, as set forth herein. The parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. H. Termination. 1. Grounds. Grounds for termination of this Agreement shall include,but shall not be limited to: an act or omission by either party which materially breaches any term of this Agreement; an act of nature or other unforeseeable event which precludes or makes impossible the performance of the terns of this Agreement by either party; or a change in or occurrence of circumstances that renders the performance by either party a detriment to the public health, safety,or welfare. 2. Process. Either party may terminate this Agreement by providing ninety(90) days' notice of intention to terminate. Such notice shall include a description of the breach or circumstances providing grounds fortermination. A fourteen(14) day cure period shall commence upon provision of the notice of intention to terminate. If,upon the expiration of such cure period, cure of the breach or circumstances providing grounds for termination has not occurred,this Agreement may be terminated upon mailing or e- mailing of notice of termination. I. Construction and severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. J. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. No acknowledgments required hereunder, and no PAGE4 OF 5 Page 460 Item#28. modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by both Parties. K. No third party beneficiaries. This Agreement is not intended to create,not shall it in any way be interpreted or construed to create,any third-party beneficiary rights in any person not a party hereto. L. Venue; choice of law. Any action at law, suit in equity, or other proceeding for the enforcement of this Agreement shall be instituted only in the Fourth Judicial District, Ada County,Idaho.The validity, meaning and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. M. Reservation of Rights. CenturyLink hired Track Utilities, LLC("Track") to perform the work that led to the Damage. To date,Track has refused to pay for the Damage. Nothing in this Agreement will affect CenturyLink's ability to seek reimbursement from Track for monies spent as a result of this Agreement. N. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings,oral or written,whether previous to the execution hereof or contemporaneous herewith. This Agreement may not be enlarged, modified,amended or altered except in writing signed by both of the parties hereto. O. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and CenturyLink. The parties signatory hereto represent and warrant that each is duly authorized to bind,respectively, City and CenturyLink to this Agreement in all respects. IN WITNESS HEREOF,the parties hereto have executed this Agreement on the day and year herein first written. CENTURYLINK: Tara Acton Counsel CITY OF MERIDIAN: Attest: BY: Robert E.Simison, Mayor Chris Johnson, City Clerk PAGE50F5 Page 461 Item#29. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Agreement Between the City of Meridian and Republic Services for Use of Reclaimed Water for Landscape Irrigation and Bin Washing at the Republic Services Transfer Station on Franklin Rd. Page 462 Item#29. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Laurelei McVey, Public Works Meeting Date: October, 13 2020 Presenter: NA Estimated Time: NA Topic: Agreement Between the City of Meridian and Republic Services for Use of Reclaimed Water for Landscape Irrigation and Bin Washing at the Republic Services Transfer Station on Franklin Rd. Recommended Council Action: Move to authorize the Mayor to sign the Reclaimed Water Agreement. Background: Republic Services'transfer station exists within the City's current established reclaimed water service area. A reclaimed water service stub exists at their property boundary on Franklin Rd. Republic Services desires to use the City's Reclaimed Water to irrigate landscaping as well as for bin/cart washing. The City's Reclaimed Water Permit requires that a User's Agreement be developed between any user of the City's reclaimed water and the City. This agreement, negotiated between Republic Services and the City (Laurelei McVey, Public Works) is the standard City reclaimed water user agreement utilized by all current reclaimed water users that outlines roles and responsibilities related to the delivery and use of reclaimed water. Questions related to this agreement should be directed to Laurelei McVey, Public Works, lmcveyPmeridiancity.org, 208-985-1259. Page 463 Item#29. RECORDING REQUESTED BY AND WHEN RECORDED RETURN To. City Clerk City of Meridian 33 E.Broadway Avenue Meridian.ID 83642 RECYCLED WATER USER AGREEMENT This RECYCLED WATER USE AGREEMENT(this "Agreement")made this .1 day of 0r-T.VU*. ,20 ?�,by and between Allied Waste Services of North America, LLC, DBA Republic Services of Idaho("User")and the City of Meridian,a municipal corporation organized under the laws of the state of Idaho("City"). WHEREAS,municipalities that typically discharge wastewater to the lower basin of the Boise River have been required by the Idaho Department of Environmental Quality("DEQ")to reduce the discharge of nutrients to the lower basin of the Boise River,and as a partial response,City has identified,as one of City's environmentally-responsible Comprehensive Plan goals.the 'use of recycled water throughout City(the terms"Recycled","Reclaimed",and"Reuse"may be used interchangeably,and all refer to the City's Class A Reclaimed Water); WHEREAS,City has worked to implement this Comprehensive Plan goal by establishing a state-of- the-art wastewater treatment and water reclamation facility; WHEREAS,Idaho DEQ has issued a Municipal Wastewater Reuse Permit, identified as Municipal Wastewater Reuse Permit No. M-215-03 (the"Permit"),which allows City to use the City's recycled water and allows City to contract with other parties for the use of the City's recycled water; WHEREAS,the City uses recycled water for land application option for Class A effluent at various locations as specified by allowable uses in the Permit,which will continue to conserve a significant amount of ground water and reduce City's discharge flows into surface waters; WHEREAS,City has constructed and operates a delivery system capable of delivering to User recycled water meeting the quality standards set forth herein;and WHEREAS, User intends to construct and operate an onsite private recycled water system in connection with landscape irrigation(insert other uses here)for the property described on Exhibit A, attached hereto and made a part hereof(the"Property"); NOW,THEREFORE,for and in consideration of the recitals above which are incorporated below, the mutual covenants set forth herein,as well as in consideration of continued receipt of recycled water and in further consideration of such other values as may inure to City and User from the delivery and use of recycled water,City hereby agrees to deliver and User hereby agrees to receive recycled water on the following terms and conditions. 1. No Char a for Rec cled Water. The cost to be paid by User for recycled water delivered by City as provided further herein shall be$0.00(zero dollars). Whenever recycled water is utilized by the User and then returned to the sanitary sewer(examples:toilet flushing,car wash,etc.),the User wi[I be charged the standard City rates for sewer use for that volume of water. User acknowledges that City may, in the future, adopt a commodity rate for recycled water,which rate shall apply to User. In the event that City adopts a commodity rate for recycled water this agreement will be void. RECYCLED WATER USER AGREEMENT PAGE 1 OF 9 Page 464 Item#29. 2. Quality Standards. The recycled water delivered by City to User shall meet DEQ standards set for Class A Municipal Water. User shall not be obligated to accept recycled water from City that does not meet this standard. 3. Point of Delivery. City shall deliver the recycled water to the point of delivery depicted on the site plan of the Property,attached hereto as Exhibit B and made a part hereof. Unless otherwise specified,the point of delivery is the pipe connection immediately downstream of recycled water meter setter. The City is responsible for the infrastructure and regulatory requirements up to the point of delivery. The User is responsible for the infrastructure and regulatory requirements past the point of delivery. The City has the right to stop providing recycled water if the User is not compliant with regulatory and infrastructure requirements past the point of delivery. 4. Place of Use. Recycled water delivered under this Agreement shall be used only on the Property. 5. Use. The recycled water delivered pursuant to this Agreement shall be used solely for the following purpose: landscape irrigation and cartldumpster washing. No other use of the recycled water shall be permitted. 6. Backflow Prevention. If a non-potable or potable,supplemental water source is interconnected with City's recycled water system,reduced pressure backflow prevention assemblies shall be installed,at the sole expense of the User,on both the other irrigation water source and the Class A source to prevent any cross connections between the recycled water and the supplemental water source. All backflow prevention assemblies shall be approved by City prior to installation,and tested on an annual basis. User is responsible for the maintenance and annual testing of all such backflow prevention assemblies. User is encouraged to only utilize secondary irrigation sources for landscape irrigation when City is unable to deliver recycled water. City shall use all good faith efforts to notify User within one(1)day of City's inability to deliver to User recycled water and the reason therefor. 7. Meterine. User shall be required to meter the quantity of recycled water delivered to the Property for each type of use. The meter shall meet standard City specifications and shall be accessible to City. The cost of the meter installation shall be the sole responsibility of the User. 8. Quantity and Schedule. The City's recycled water production is limited due to production and pumping capacities. In order to maximize the City's production ability,the User agrees to restrict water usage to the following period(s): No time of day restrictions on use. Water may be used for cartldumpster washing year round,as available. Water may be used for landscape irrigation only from March 15th-October 31 st each year. In the event of a shortage of recycled water available,priority in delivery shall be given to City owned sites. The period of use can change upon seven(7)days' notice from the City. The City reserves the right to additionally restrict use quantities. 9. Com liance with Regulations. User agrees to comply,at User's sole cost and expense,with all state, federal and local laws,regulations and standards,as now exist,or are later lawfully enacted,relating to the use of recycled water after City's delivery of recycled water to the Property.City agrees to comply,at its sole cost and expense, with all state,federal and local laws, regulations and standards,as now exist,or are later lawfully enacted,relating to the recycled water system and the treatment,delivery and use of recycled water prior to City's delivery of recycled water to the Property. Such laws, regulations,and standards may include,but are not limited to: requirements and restrictions governing use of the recycled water, lim its on recycled water contact with employees,guests,members of the public and adjoining properties, control of RECYCLED WATER USER AGREEMENT PAGE 2❑F 9 Page 465 Item#29. access to the recycled water,the recycled water system,and the area of recycled water storage and use,and warning signs on the delivery system and the area of use. The User agrees to follow all policies, procedures, and specifications outlined in the most current version of the Reclaimed Water User Manual provided to the user. The User will ensure no runoff or pond ing resulting from use of recycled water on their site.The User agrees to provide the Reclaimed Water User's Manual to any person working on or around the reclaimed system.The User will install and maintain all reclaimed infrastructure beyond the point of delivery according to guidelines established in the Permit, including: All exposed and above ground piping, risers,fittings, pumps,and valves shall be purple in color(Pantone 512, 522 or other approved equivalent); all piping shall be purple in color(Pantone 512, 522 or other approved equivalent)and identified using an accepted means of labeling. User shall install signs on the Property in connection with use of the recycled water. Warning signs and labels shall read, in both English and Spanish,"Caution: Recycled Water—Do Not Drink;Agua Reclamada-No Beber"or equivalent.Example signage is included in Exhibit C. to. Commencement of Service. User agrees to give City fifteen (15)days" notice prior to the first time service is initiated under this Agreement. i t. Term. The term of this Agreement shall be coterminous with the term of the Permit and any renewal or replacement thereof,unless earlier terminated by either Party. 12. Resale of Recycled Water. User shall not resell recycled water delivered by City under this Agreement. 13. Approval. The parties hereto acknowledge that, under existing and proposed regulations,this Agreement has been approved as to form by DEQ. The parties hereby agree to modify this Agreement in writing to the extent that such amendment is reasonably necessary in order to comply with DEQ requirements or regulations promulgated by DEQ. 14. Inspection. User acknowledges and agrees that in order to verify compliance with this Agreement or with applicable laws and regulations,City, State,or other agencies with appropriate jurisdiction may inspect the recycled water system at the Property,with notice,at a reasonable time annually,or without notice in emergency situations or where necessary to ensure compliance. 15. Approvals and Notifications. User specifically acknowledges that it has the responsibility to inform, notify,and/or request inspection and approvals from various agencies, including the City's Building Department,for certain activities relating to the construction,maintenance,and operation of User's recycled water system on the Property, including, but not limited to: materials; construction;facility testing; violations;and emergency situations. 16. Termination;cure. User may terminate this Agreement at any time for no cause with ten(10)days written notice to City. Notwithstanding the foregoing,the parties further agree that if City or User believe that grounds for termination occur as a result of a default,the defaulting party shall have thirty(30)days after mailing of notice of such default to correct the same prior to the non-defaulting parry's seeking of any remedy provided for herein; provided,however,that in the case of any such default which cannot with diligence be cured within such thirty(30)day period, if the defaulting party shall commence to cure the same within such thirty(30)day period and thereafter shall continue efforts to cure with diligence and continuity, then the time within which such may be cured shall be extended for such period as may be necessary to complete the cure with diligence and continuity. If the defaulting party fails to cure or make efforts to cure the default as set forth herein,this Agreement may be terminated by either party upon sixty(60)days' written notice. Grounds for termination shall include: a. Either party's failure to comply with any provision of the Manual; b. Either party's default or violation of any provision of this Agreement; c. Either parry's failure to comply with the Permit; RECYCLED WATER USER AGREEMENT PAGE 3 OF 9 Page 466 Item#29. d. The purpose(s)for the use of recycled water,as described in this Agreement,no longer exist;or e. Changes in DEQ permitting or other regulatory requirements make continued operation of City's recycled water system a nonviable option. 17. Reclaimed Water Users' Manual. Where there is a conflict between this Agreement and the Manual, the provisions of the Manual shall apply. The User is responsible for awareness of,and compliance with,all requirements of the Manual and all DEQ regulations. 18. Mutual Cooperation. City and User shall mutually cooperate and expeditiously perform all acts necessary or appropriate to discharge all Obligations contained in or contemplated by this Agreement,and with respect to any other matters that may arise in connection with the Property and/or the recycled water and recycled water system not reasonably foreseeable by User or City as of the date of this Agreement. 19. Miscellaneous. (a) Notices. Any notice required to be given hereunder shall be in writing and shall be deemed effectively given: (1)upon personal delivery to the party to be notified;(2)when sent by confirmed electronic mail(i.e.,e-mail);or(c)upon deposit in the U.S.mail. All communications shall be to the respective parties to this Agreement at the following addresses: City: Wastewater Superintendent 3401 N Ten Mile Rd,Meridian ID 83646 E-mail: Imevey@i-neridiancity.org User: Robert Bennett 2130 W. Franklin Road, Meridian, ID 83642 Email: RBennett@republicservices.com (b) Time is of the Essence. The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the parry so failing to perform. (c) Final Agreement. This Agreement sets forth all promises, inducements,agreements, conditions and understandings between User and City relative to the subject matter hereof,and there are no promises,agreements,conditions or understanding,either oral or written,express or implied, between User and City,other than as are stated herein. Except as herein otherwise provided,no subsequent alteration,amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns. (d) Binding upon Successors. This Agreement shall be binding upon and inure to the benefit of the parties' respective successors,assigns and personal representatives,including City's corporate authorities and their successors in office. This Agreement shall be binding on the owner of the Property,each subsequent owner and each other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof,except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. RECYCLED WATER USER AGREEMENT PAGE 4 OF 9 Page 467 Item#29. (e) Invalid Provisions. If any provision of this Agreement is held not valid by a court of competent jurisdiction,such provision shall be deemed to be excised therefrom and the invalidity thereof shall not affect any of the other provisions contained herein. (f) Compatibility. This Agreement is intended to be supplemental to all other local,City, State and Federal Code requirements,rules and regulations,and is established to assure compatibility of the resulting land use with the surrounding area. Provided, however,that to the extent this Agreement conflicts with any provision of the Meridian City Code,other than a future duly adopted Amendment to Meridian City Code in connection with a commodity rate for recycled water,this Agreement shall prevail to the extent permitted by law. (g) Relationship of the Parties. It is hereby specifically understood and acknowledged that development of the Property is a private project and that neither City nor User will be deemed to be the agent of the other for any purpose whatsoever. (h) Excusable Non-Performance. In the event of an Act of God,natural catastrophe, war, civil insurrection,accidents,acts of governmental or judicial bodies other than City,or any unexpected occurrences beyond the control of either party which shall materially interfere with the ability of City to deliver recycled water to User,or the ability of User to accept,transmit or distribute recycled water,the failure of either party to perform its obligation under this Agreement shall be excused so long as the condition interfering with performance continues. The maintenance and operation of City's sewer system and of the Meridian Wastewater Treatment Plant shall be solely within the discretion of City;and in the event City discontinues the treatment plant operation and the treatment plant is not replaced by another plant all obligations of either party to perform shall cease without prejudice to any claimed or asserted rights of either parry existing prior to the execution of this Agreement. (i) Attorneys' Pees. Should any litigation be commenced between the parties hereto concerning this Agreement,court costs and reasonable attorneys' fees shall be determined and awarded by a Court of competent jurisdiction as allowed by law. This provision shall be deemed to be a separate contract between the parties and shall survive any default,termination or forfeiture of this Agreement. 6) Remedies Cumulative. All remedies herein are cumulative and,to the extent not wholly inconsistent with each other,may be enforced simultaneously or separately,at the sole discretion of City and/or User. (k) Governing Law. This Agreement shall be governed by the laws of the State of Idaho. The venue for any action arising out of this Agreement shall be exclusively in the District Court of the 4th Judicial District of the State of Idaho,Ada County, or in the United States District Court for the District of Idaho. (1) Waiver. Waiver by City or User of any breach of any term,covenant or condition shall not be deemed to be a waiver of that term,covenant or condition on any subsequent breach of such term, covenant or condition or any other term,covenant or condition. No term,covenant or condition of this Agreement shall be deemed to have been waived by City or User unless the waiver is in writing by City or User. (m) Counterparts. This Agreement may be executed in two or more counterparts,each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. RECYCLED WATER USER AGREEMENT PAGE 5 OF 9 Page 468 1N WTINESS WHEEWF, the p"es by have dul ap od and cm wed [his Recycled Walu Use Aft as of III dpic first written above_ USER: Allied W rviasofNorth Amedca, LL ,DBA F.cpvblic Swim of]dam, STATE OF I1DAHO � 66: County o#La } THBK BYCERT1FVthaciri1H& 1 dtyof �� Z02Z! before the undkwAW,a�a- y Public Is k SIAlt of lddo, personally appeared RQbcr: ji:o ei1 lame la Robert Benaeu,ceneeal Mantvw`��'��r� be I�ptrson vrho=auttcJ th- ,l:J insoWmenl,and RA arJ�aowbad 0¢ruedw ht t%ccix(l 1hcsame. •. 1N WITNESS WHEUOF,I bVe bxxtun*let my hand and R aftlxed my offi ial MI,the dV aadyear in thrsceriikate firm Ile wrilien_ �1)B e yx 7 Rablic for Id�lro 1' Residing at MID Tdaho ►+„r,.kkgJ" Aly Canmisslon Exptre� CITY OF MEIRIDZr N: Attcst= Iwben Sim4wn Chris J00501,City C A STATE()F 13AHO s� Caunq of AdB } 1111':REIFY -. r1 FY lhat on This day of 'ors kff-m! 'he ur.rlc �.:��, persarally appeared ROBERT :�.tri,l-A7 Ljr11 C-11145 11,AiN1 GN,known oriden#ifledto me jo be [he Mayor rDti Cicr Clerk, o�f the C. y or Meridian, whoexbcutcd Jae i.-o„merrton hehalfof the t'ity ofM,a-idim,and w6cw lc{.Lcd ui iri•_rho'i he..City of N41T than cxa,kr$d the SMAC, IN W I T.�TL .S W I I I.H! (11. t hmr-c hcrounto set my hand MW acted My official ml the day aid ym In ibis r iificak First above WTIden, Nowy PvWc For Idaho Residing at Id2ho My Commission F-Kpires; kt�CYCLEU WATER LlSU AGREEMENT PAM60IF4 Item#29. Schedule of Exhibits: Exhibit A Legal Description of the Property Exhibit B Site Plan Depicting Point of Delivery of Recycled Water Exhibit C Recycled Water Signage Text Example and Location RECYCLED WATER USER AGREEMENT PAGE 7 OF 9 Page 470 Item#29. EXHIBIT A Legal Description of the Property Parcel: S 121143 8951 Primary Owner: ALLIED WASTE SERVICES OF NORTH AMERICA LLC Zone Code: I-L Total Acres: 13.160 Tax Code Area: 03 Instrument Number: 112030271 Property Description: PAR#8951 OF W2SE4 SEC 11 3N 1 W PARCEL B RIS 6060 EXC RIW #438951-B RECYCLED WATER USER AGREEMENT PACE 8 OF 9 Page 471 Item#29. EXHIBIT B Site Plan Depicting Point of Delivery of Recycled Water of iaou�n Nil _ gym Ulm LANDSCAPE PLAN �:� 9 BklEriFL LAHOaCAPE ItOTEB meow, _ 6H8 Salmw'Lao MR PL"T 9Oawmmx ..� ��••••••••,. z,.,.a... J w•`•-.rvete an.�..--. II-KNPBQAPS NOTM kLANDSCAPE �'�. --�-�-.-w.....,�.,._.,.� - - � � �r...�-- -- --- L1.�DETAUA RECYCLED WATER USLR AGR-EHMPNT PAGE 9 OF 9 Page 472 Item#29. EXHIBIT C Recycled Water signage to be installed on all logical points of entry (sidewalk entrances) around facility where reclaimed water is used. Signage to be installed in bin/cart washing area as needed. Conserving Idaho's Water CAUTION IRRIGATED WITH RECLAIMED WATER DO NOT DRINK (a ASUA RECWMAOA—NO SEBER E IDIAN- RECYCLED WATER USER AGREEMENT PAGE. 10 OF 9 Page 473 Item#30. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval of Fiscal Year 2021 Purchase Order to Lawn Co. for Landscape Maintenance Contracted Services Page 474 Item#30. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Sandra Ramirez, Purchasing Meeting Date: October 13, 2020 Presenter: N/A Estimated Time: 0 Topic: Approval of Lawn Co. Purchase Order Recommended Council Action: Approve FY21 Landscape Maintenance Services Purchase Order for the Not-to-Exceed amount of $231,100.00 and authorize Procurement Manager to sign the Purchase Order to Lawn Co. Background: These are continued services for year two of a Contracted Service agreement with Lawn Co. for Landscape Maintenance Services. The five-year agreement approved and executed on February 7, 2020. Page 475 O ;u m c 1 O CD C_ om Item#30. m r r L. m Z m � cn fA Q a 0 O � o Z D -- m r 0 (D (D m T. v _ m 0 o _07C3 • n 0 0 -u -0 oc I o �' 1 c c (D (D 0 0 (D Q O_ • ) o O (D O j w _L� • (n m m o> w s O r � cs r I ooN. 71 o o y * 5 Q w w Z D m (n ao a -< v v oo co ° Gv fTl (D a o w m 4 • W V N � M m o D Z (D z D w 19 o m z m 0 ED C/) N , O • (fl (9 . W. J o m m o G m o (n v D = �_ C) o) a) . 0 n _0 o (0 m o o A D CDo Z o o D C m m 0 N N • /) W O O z D D C • O o z A v N Ul U) m 1 O (.n (P Y oo Cn cmnO • m m c • : I A o D T m D m y • D D N W . .. A • O w m m z w o0 o 0 0 9 0 c cn cn c0 m 0 i�: p v , �1 1 � z p m M • c) c) Z --i O 'i N . . (9 f9 1.9 -69 (.9 69 69 (.9 .9 kg 0 p (DN {� • 0 O W m Z O • Z o rn 0 CoO • rn 4h, O o 0 p o 0 p o 0 �Pg,476 Item#30. City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 01 - General Fund 5210 - Parks Division From 10/1/2020 Through 9/30/2021 Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining OPERATING COSTS 55704 Contracted Services 288,000.00 0.00 288,000.00 100.00% Total OPERATING COSTS 288,000.00 0.00 288,000.00 100.00% TOTAL EXPENDITURES 288,000.00 0.00 288,000.00 100.00% Page 477 Date: 9/28/20 02:43:03 PM Pag Item#31. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval of AIA Guaranteed Maximum Price Amendment for Scenario Village Training Building Page 478 Item#31. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts, Procurement Manager Meeting Date: October 13, 2020 Presenter: N/A Estimated Time: 0.00 Topic: Construction Management Guaranteed Price Amendment Recommended Council Action: Approval of AIA Guaranteed Maximum Price Amendment for Scenario Village Training Building Construction. Background: This agreement is pursuant to previously approved AIA133 agreement for construction services of Scenario Village Training Building and formal solicitation #PD-2012-10892.a. Page 479 Item#31. ,-SwAIA Document Al 33 - 2009 Exhibit A Guaranteed Maximum Price Amendment for the following PROJECT: (Name and address or lor_ation) City of Meridian Scenario Vi:Iage Training Building ADDITIONS AND DELETIONS: 1327 E. Waterlower St The author of this document has Meridian,Idaho 83642 added information needed for its completion.The author may also have revised the text of the original AIA standard form.An Additions and THE OWNER: (Namf�, legal status and address] Deletions Report that notes added information as well as revisions to the standard form text is available City of Meridian from the author and should be 33 East Broadway Avenue reviewed.A vertical line In the left j Meridian,Idaho 83642 margin of this document indicates where the author has added THE CONSTRUCTION MANAGER: necessary information and where (Name, legal status and address) the author has added to or deleted from the onginal AIA text. Krelzenbeck,LLC dba Kre:zenbeck Constructors This document has important legal t 724 West Executive Drive consequences.Consultation with an Boise,Idaho 83713 attorney is encouraged with respect ARTICLE A.1 to its completion or modification. §A.1.1 Guaranteed Maximum Price AIA Document A201 TM-2007. Pursuant to Section 2.2.6 of the Agreement,the Owner and Construction Manager hereby Genera Cond tions of the Contract amend the Agreement to establish a Guaranteed Maximum Price. As agreed by the for Construction,is adopted n th;s Owner and Construction Manager,the Guaranteed Maximum Price is an amount that the document by reference.Do not use Contract Sum shall not exceed.The Contract Sum consists of the Construction Manager's with other general conditions un ess Fee plus the Cost of the Work,as that term is defined in Article 6 of this Agreement. this document is modified. §A.1.1.1 The Contract Sum is guaranteed by the Construction Manager not to exceed Two Million Six Hundred Sixty Thousand Five Hundred Eighty Dollars and no cents j (S 2,660,580.00),subject to additions and deductions by Change Order as provided in the Contract Documents. §A.1.1.2 Itemized Statement of the Guaranteed Maximum Price.Provided below is an itemized statement of the Guaranteed Maximum Price organized by trade categories, allowances,contingencies,alternates,the Construction Manager's Fee,and other items that comprise the Guaranteed Maximum Price. (Provide below or reference an attachment) See Attachment V 1 to Exhibit A GMP Amendment §A.1.1.3 The Guaranteed Maximum Price is based on the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner. (State the numbers or other identification ofaccepted alternates If the Contract Documents permit the Owner to accept other alternates subsequent to the execution of this Amendment, attach a schedule of such other alternates showing the amount for each and the date when the amount expires-) Init. AIA Document A133'"—2009 Exhibit A.Copyright C 1991.2003 and 2009 by The American Institute of Architects.All rights reserved.The-American Institute of Architects,'-AIA,`the AIA Logo,and-AIA Contract Documents-are registered trademarks and may not be used without permission This document was produced by AIA software at 09:57:26 MT on 10/06/2020 under Order No.4146012809 which expires on 1212at2020,is not for resale,is licensed for one-time use t only,and may only be used in accordance with the AIA Contract Documentss Terms of Service.To report copyright violations,e-mail copydght@aia.org. User Notes: (3B9ADA Page 480 Item#31. None §AA AA Allowances included in the Guaranteed Maximum Price,if any: (Identifi-allowance and state exclusions, if any,fi-on the allowance price.) Item Price j$0.00j None §A.1.1.5 Assumptions,if any,on which the Guaranteed Maximum Price is based: See Attachment t<2 to Exhibit A GMP Amendment §A.1.1.6 The Guaranteed Maximum Price is based upon the following Supplementary and other Conditions of the Contract: (Table Deleted) None §A.1,1.7 The Guaranteed Maximum Price is based upon the following Specifications (Either list the Specifications here, on-refer to an exhibit attached to this Agreennent.) See Attachment#3 to Exhibit A GMP Amendment (Table Deleted) §A.1.1.8 The Guaranteed Maximum Price is based upon the following Drawings: (Either list the Drawings here, or refer to an exhibit attached to this Agreement.) See Attachment 43 to Exhibit A GMP Amendment (Table Deleted) §A.1.1.9 The Guaranteed Maximum Price is based upon the following other documents and information: (List any other documents or information here, or refer to an exhibit attached to this Agreement) See Attachment#3 to Exhibit A GMP Amendment ARTICLE A.2 §A.2.1 The anticipated date of Substantial Completion established by this Amendment: July 19,2021 See Attachment#4 to Exhibit A GMP Amendment tTable Deleted) In It, AIA Document A133' 2009 Exhibit A.Copyright 0 1991.2003 and 2009 by The American Institute of Architects-All rights reserved The-American Institute of Architects."'AIA,"the AIA Logo and'AIA Contract Documents' are registered trademarks and may not be used without permission This document was 2 produced by AIA software at 09 57 26 MT on 10/06/2020 under Order No.4146012809 which expires on 1212812020,is not for resale, s licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentst Terms of Service To report copyr ght violations,e-mail copydght@a a.org User Notes: (369AD Page 481 Item#31. I OWNER(Signaturq COASTRUCT 0 ANAGER(Signature) Keith Watts,CPPB J Procurcment Manager Michael J. Ber ,rd Manager (Printed name and title) (Printed name and title) AIA Document A133"—2009 Exhibit A.Copyright O 1991,2003 and 2009 by The Amer can Institute of Architects.All rights reserved The-American Institute Init. of Architects.''AIA,' AIA Logo,and'AIA Contract Documents-are registered trademarks and may not be used without permission This document was produced by AIA software at(19:57:26 MT on 1 0106/20 2 0 under Order No.4146012809 which expires an 1212812020,is not for resale,is licensed for one-time use 3 f on y,and may only be used in accordance with the AIA Contract Documeniss Terms of Service To report copyright violations,e-mail oopynght@aia.org. User Notes: (3B9AD Page 482 Item#31. Kreizenbeck Constructors ATTACHMENT #1 TO EXHIBIT A -GMP AMENDMENT ITEMIZED GMP BREAKDOWN CITY OF MERIDIAN -- SCENARIO VILLAGE TRAINING BUILDING POLICE DEPARTMENT CAMPUS MERIDIAN, IDAHO 83642 11724 WEST EXECUTIVE DRIVE■ BOISE IDAHO 83713 ■ 208.336.9500 208.336.7444 ICR No RCE-764 Page 483 Item#31. Kreizenbeck Constructors Meridian Police Department- Scenario Village Training Building Attachment#1 to GMP Exhibit A Itemized GMP Breakdown October 5,2020 BP# Scope Apparent Low 01 Sitework $ 297,000.00 02 Fencing $ 16,264.00 03 Landscaping $ 18,640.00 04 Concrete $ 271,000.00 05 Mason $ 195,000.00 06 Steel $ 148,723.00 07 Wood Framing $ 233,000.00 08 Interior Architectural Woodwork $ 56,780.00 09 Roofing $ 83,200.00 10 Doors, Frames and Hardware $ 42,010.00 11 Sectional Doors $ 12,740.00 12 Aluminum Entrances,Storefront and Glazing $ 64,958.00 13 Drywall $ 66,500.00 14 Painting $ 20,165.00 15 Specialties $ 4,560.00 16 Metal Canopies and Awnings $ 26,302.00 17 Plumbing $ 19,958.00 18 Mechanical $ 43,975.00 19 Electrical $ 131,692.00 Add 6 Radiant Heaters $ 20,000.00 Uncontracted Work-Yet to Buy Not inc wt Subcontractor Bids $ 158,844.00 TRADE WORK-SUBTOTALI $ 1,931,311.00 Permits& Fees All By Owner Testing &Special Inspections By Owner Commissioning By Owner Builders Risk Insurance By Owner General Conditions $ 345.795.00 Weather Protection I Temporary Heat $ 62,250.00 Insurances General& Professional Liability) $ 22.225.00 Kreizenbeck Constructors Payment and Performance Bonds $ 25,882.00 CM/GC Contingency $ 141,695.00 COST OF THE WORK-TOTALI $ 2,529,158.00 CM Fee-5.25% 1 $ 131,422.00 CONSTRUCTION BUDGET(GMP) PHASE I-TOTALI $ 2,660,580.00 11724 WEST EXECUTIVE DRIVE ■ BOISE, IDAHO 83713 ■ 208.336.9500 208.336.7444 ICR NO. RCE-764 Page 484 Item#31. Kreizen bel Constructors ATTACHMENT #2 TO EXHIBIT A — GMP AMENDMENT CLARIFICATIONS/ ASSUMPTIONS/ EXCLUSIONS CITY OF MERIDIAN — SCENARIO VILLAGE TRAINING BUILDING POLICE DEPARTMENT CAMPUS MERIDIAN, IDAHO 83642 www.Ve0nwIc. - 11724 WEST EXECUTIVE DRIVE■ BOISE, IDAHO 83713 i 208 336 9500 208.336 7444 ICR No RCE-764 Page 485 Item#31. Kreizenbeck Constructors ATTACHMENT#2 TO EXHIBIT A— GMP AMENDMENT CLARIFICATIONS /ASSUMPTIONS / EXCLUSIONS MERIDIAN POLICE DEPARTMENT— SCENARIO VILLAGE TRAINING BUILDING 1327 E. WATERTOWER ST MERIDIAN, IDAHO 83642 Kreizenbeck Constructors has assumed the following clarifications, assumptions, and/or exclusions in the development of our GMP Proposal for the Meridian Police Department Scenario Village Training Building. Clarifications /Assumptions / Exclusions: 1) The GMP and scope of work includes what is indicated on the contract documents. Any work required that is not specifically indicated on the contract documents is excluded from the GMP and will require a change order to complete the additional work. 2) We have included the new work as identified on the contract documents, but have not anticipated any work of any kind to the existing buildings, site, or systems which is not specifically called out. 3) Our proposal does not include repair or correction of existing or deficient conditions. 4) Usage of existing temporary utilities (electricity, water, etc.) is permitted and usage costs of utilities are at no charge to the Contractor. 5) We exclude all warranty requirements called out in Specification Section 033000, 1.06 B, 1.06 C, 1.06D, and 1.06E. 6) We exclude any removal or replacement of any unsuitable soils below design sections specified on the drawings which may be encountered. 7) Clarification - We have included (1) concrete SOG or SOD as indicated on the structural drawings. We have not included a second slab or topping slab build-up as depicted on the architectural sections on sheet A61. 8) Any/All AISC Certification Requirements or IAS AC172 accreditation requirements for a steel fabricator, joist/deck manufacturer, or erector are excluded. 9) All 051200 Structural Steel, 052100 Steel Joist, 053100 Metal Deck, 055000 Metal Fabrications, 055133 Metal Ladders, and associated Miscellaneous Metals is priced with the Steel Fabricator and/or Manufacturers standard colored primer only. Galvanizing of any these materials is specifically excluded. 10) We specifically exclude any design or engineering of any kind for any work in Specification Sections 055100, 055133, Or 055213. 11) We exclude any requirements for or reference to an Air Barrier or the Air Barrier Association of American (ABAA) as listed in Section 061000. This includes any qualification requirements, submittals, or third-party quality control audits. www.kreizenbeck.com 11724 WEST EXECUTIVE DRIVE■ BOISE, IDAHO 83713 ■ 208.336.9500 208.336.7444 ICR No.RCE 764 Page 486 Item#31. 12) All wall sheathing is assumed to be 7/16" thick — typical all walls. This matches the drawings and wall sheathing schedule on A6.03. (Specification 061000 in Addendum #2 , item 2.04 A.3 is specifically excluded.) 13) We assumed that any AWI Certification Requirements (if specified) for the millwork contractor are not required and are excluded. 14) We did not include any painting of the interior CMU block, structural shell building structure (this includes columns, beams, joists, deck, or misc. metals), or exposed mechanical/electrical items. 15) All painting/finishing on the interior sheathing, walls, ceilings, doors, trim, etc. of any of the scenario units is excluded. 16) We did not include any building signage, lettering, or graphics on the building exterior or interior. 17) No Lockers are included. (None are indicated on the drawings.) 18) Awnings will be locally fabricated using Steel Stitch and Trivantage products. Fabric materials to be standard Sunbrella fabric and color shall be selected from manufacturer's standard colors. Engineering is not included. 19) The metal canopies are to be fabricated in the manufacturers standard width sizes with a 4' projection and shall utilize manufacturers standard details, colors, and 34 psf snow load design criteria. Customized engineering or analysis is not included. 20) We exclude any work associated with an electrical service fault current study or service upgrade to the main electrical service. Actual fault current values shall be provided to the Electrical Engineer by the Electrical Utility (Idaho Power). Coordination between actual fault current values and electrical design shall be by others. 21) The following items have been specifically excluded from our GMP Proposal and are assumed to be by the Owner. • All Plan Review Fees, Building Permit Fees, ACHD Fees, Impact Fees, and/or other Agency Fees as required • All utility fees (sewer, water, Idaho Power, Intermountain Gas, phone/internet/security, etc.) • Testing and Special Inspections of any kind • Commissioning • Geotechnical Report • Builder's Risk/ Property Insurance is by Owner • ME Fees • Design or Engineering of any kind • Delegated design submittals requiring professional engineering • Errors and Omissions of the Architect/Engineer • Abatement or removal of asbestos / hazardous materials of any kind (If encountered, they will be removed by the Owner) • Any/all issues of any kind related to unforeseen conditions, unsuitable soils, and/or unsuitable moisture conditions • All phone/data/tv/security cabling and/or equipment • Furnishings, Fixtures and Equipment of any kind • Owner's Contingency wvww.krei7cnbcI;k.com 11724 WEST EXECUTIVE DRIVE■ BOISE, IDAHO 83713 0 208.336.9500 208.336.7444 ICR No RCE-764 Page 487 Item#31. Kreizenbecl Cv n stru ctc rs ATTACHMENT #3 TO EXHIBIT A - GMP AMENDMENT CONTRACT DOCUMENT SCHEDULE CITY OF MERIDIAN - SCENARIO VILLAGE TRAINING BUILDING POLICE DEPARTMENT CAMPUS MERIDIAN, IDAHO 83642 _ www kreizenbeck.com 11724 WEST EXECUTIVE DRIVE■ BOISE, IDAHO 83713 w 208.336.9500 208.336.7444 !CR No RCE-764 Page 488 Item#31. Kreizenbeck Cv n stru cto rs ATTACHMENT#3 TO EXHIBIT A— GMP AMENDMENT CONTRACT DOCUMENT SCHEDULE MERIDIAN POLICE DEPARTMENT—SCENARIO VILLAGE TRAINING BUILDING 1327 E. WATERTOWER ST MERIDIAN, IDAHO 83642 KC PROJECT NO. 20-083 September 24, 2020 PROJECT DOCUMENTS as issued by CSHQA, and prepared by the following project team: Architect-CSHQA Electrical Engineer-CSHQA Plumbing & Mechanical Engineer- CSHQA Structural -- BNB Consulting Engineers Civil - CSHQA Landscape Architect- CSHQA ADDENDUMS Addendum No. One, Issued 9-21-2020 Addendum No. Two, Issued 9-25-2020 SPECIFICATIONS— Dated September 11, 2020 DRAWINGS — Dated September 11, 2020 GENERAL G00 Title Sheet G11 Code Plan G21 Envelope Energy Compliance G71 Wali Assemblies CIVIL c00 Cover Sheet C10 Site Demolition Plan C20 Erosion and Sediment Control C40 Horizontal Control Plan C50 Grading and Drainage Ran C60 Utility Plan ARCHITECTURAL SITE AS10 Architectural Site Plan LANDSCAPE L10 Landscape Plan L20 Landscape Details L40 Landscape Specs www.kreizenbeck.com 11724 WEST EXECU71VE DRIVE■ BOISE, IDAHO 83713 ■ 208.336.9500 208-336.7444 ICR Nc.RCE-764 Page 489 Item#31. STRUCTURAL SOO1 General Structural Notes S002 General Structural Notes S003 Special Inspections S101 Footing and Foundation Plan S102 Footing and Foundation Plans S111 Second Floor Framing S121 Roof Framing Plan S501 Details S502 Details S511 Details S512 Details S521 Details S522 Details S601 Schedules S602 Schedules S603 Schedules ARCHITECTURAL A20 Basement Plans A21 First Floor Plans A22 First Floor Dimension plan A23 Second Floor Plan A24 Second Floor Dimension Plan A25 Roof Plan A31 Reflected Ceiling Plans A41 Vertical Circulation A42 Vertical Circulation A43 Enlarged Plans A51 Exterior Elevations A61 Building Sections A63 Wall Sections A74 Roofing Details A75 Door&Window Details A76 Exterior Details A77 Details A82 Window Types A83 Door Types and Schedule INTERIORS 151 Interior Elevations IB1 Room Finish Schedule 191 Potential FF&E Plans PLUMBING POO Plumbing Cover Sheet P1' Waste&Vent Plan P21 Water Plan P71 Plumbing Detai s P81 Schedules HVAC MOO HVAC Cover Sheet M01 Energy Compliance M11 HVAC Plan M71 HVAC Details M81 HVAC Schedules MPS Mechanical Specificat'ons ELECTRICAL E00 Electrical Symbols&Abbrev. EOSO Electrical Specifications EOS1 Electrical Specifications E01 Lighting Schedule E02 Energy Compliance Forms Ell Lighting Plan Basement& 151 Level E12 Lighting Plan 2nd Level E21 Power Plan Basement& is'Leve E22 Power Plan 2°d Level E31 Mech. Power Plan 1 It Level&2r"' Level E71 Details E80 Single-L ne, Schedules,&Site Plan www.k re izeri be a k.PCMT1 11724 WEST EXECUTIVE DR VE■ BOISE, IDAHO 83713 ■ 208.336.9500 208.336.7444 ICR No,RCE-764 Page 490 Item#31. Kreizenbeck Constructors ATTACHMENT #4 TO EXHIBIT A - GMP AMENDMENT MASTER PROJECT SCHEDULE MERIDIAN POLICE DEPARTMENT - SCENARIO VILLAGE TRAINING BUILDING 1327 E WATERTOWER ST MERIDIAN, IDAHO 83642 www.kreizenbe k.corn 11724 WEST EXECUTIVE DRIVE■ BOISE, IDAHO 83713 ■ 208.336.9500 208.336.7444 ICR No RCE-764 Page 491 Item#31. © CD ul00000000 g s a _ 07� Dmc � C �. N N N N P Y N z NN ��aap �aa ��p6 p fJ � N N 7 cn m CD O ry�ry C C g s z N T m o v r vi Q O a O qcc �. _ o a O wi p T a N 14 Q CL D N C) o N Z 2 a � N N O n 2i o. t a n n n a a CL a. r D Z R a O O U � g � w c) cn � 3 3 O O O m m c m m m m c c c c C) m N) m � 11 G G � � v v z v m m s 'a n n b 9 v `� o V)i (n ai in n n Q' m ZDZwpx O N c c c m n n n n m c m m m m m c c c CA C) -� ,n c— c) 2 O .ri �i ri -i "I z v � E5 LR IN p N 3 8 23 2i cr, Z > Mmmo � o CO) O Z o � OOr- � cnD n c� ON Oo * 2 I C) � - Q WmZ (n 1 I 7z c� c� fip 0 7C n N ,� 2 = D N a • W N Z r W ` k M , o n D p n n > 3 IT1 1 ro m m x ��-, c N o ° g O Z v m w to m p N r 3 _ a@ o@ m LA. r m m fD N �O w a m m W nZ z H 3 T c co n Cr G IDm a 3 0 'a N m - �7 2 oo v " 7 m QO ° a rn 0 m c o n n 0 @ 3 � f0 `< !D N C a 01 N O (D U N (] pj O N p Q `^ 'aF 2 2 0 . N N o a 'O 3 a F4. 0 m 0 cNi x ni O1 n v m _ _ v a m G) vi n D � c �; ,CD CD 3 cn cn n v m m v - L' f JY � a Page 492 Item#31. Additions and Deletions Report for AIAk� Document A 133' — 2009 Exhibit A This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document.n order to complete it,as well as any text the author may have added to or deleted from the original AIA text Added text is sh.own underlined.Deleted text is indicated with a horizontal I ne through the orig nai AIA text Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 09:57 26 MT on 1010612020. PAGE City of Meridian—Scenario Village Training Building 1327 E. Watertower St Meridian,Idaho 83642 City of Meridian 33 East Broadway Avenue Meridian, Idaho 83642 Kreizenbeck, LLC dba Kreizenbeck Constructors 11724 West Executive Drive Boise Idaho 83713 §A.1.1.1 The Contract Sum is guaranteed by the Construction Manager not to exceed-(&*Iwo Million Six Hundred Sixty Thousand Five Hundred Eighty Dollars and no cents S 2 660 580.00 subject to additions and deductions by Change Order as provided in the Contract Documents. See Attachment 01 to Exhibit A—GMP Amendment PAGE 2 None None See Attachment#2 to Exhibit A - GMP Amendment Additions and Deletions Report for AIA Document A133"—2009 Exhibit A.Copyright$1991,2003 and 2009 by The American Institute of Architects AI' rights reserved.The"American Institute of Architects,-"AIR"the AIA Logo,and-AIA Contract Documents"are registered trademarks and may not be' without permission.This document was produced by AIA software at 09:57.26 MT on 10106/2020 under Order No.4146012809 which expires on 1212 page 493 not for resale -s licensed for one-time use on y,and may only be used in accordance with the AIA Contract Documents;Terms of Service To report c v olations,a-mai copynght@aia.org User Notes: (3139ADME) Item#31. Ong.- ant; We Date Rages None See Attachment N3 to Exhibit A-GMP Amendment Sectieft Title Date Rages See Attachment P'3 to Exhibit A-GMP Amendment Nup+l Title Date See Attachment#3 to Exhibit A-GMP Amendment ARTICLE A.2 July 19,2021 See Attachment#4 to Exhibit A-GMP Amendment OWNER 6Pgwamro CONSTRUCTION MANAGER(Sigwaim-e) PAGE 3 Additions and Deletions Report for AIA Document A133"—2009 Exhibit A.Copyright C)1991.2003 and 2009 by The American Institute of Architects All rights reserved The"American institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be without permission.This document was produced by AIA software at 09:57-26 MT on 1 0106/20 2 0 under Order No.4146012809 which expires on 12128 page 494 not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentsfil Terms of Service.To report violations,e-mail copyright@aia.org. User Notes: (389ADA4E) Item#31. OWNER(Signature) CONSTRUCTION_MANAGER(Signatur_e) Keith Watts,CPPB 1 Procurement Manager Michael_J.Berard,Manver (Printed name and title) (Printed name and title) Additions and Deletions Report for AIA Document A133'—2009 Exhibit A.Copyright 01991.2003 and 2009 by The American nstitute of Architects.All rights reserved.The"American Institute of Architects,""AIA,'the AIA Logo,and"AIA Contract Documents'are registered trademarks and may not be without permission This document was produced by AIA software a[09:57:26 MT on 10/0612020 under Order No.4146012809 which expires on 12�2$, Page 495 not for resale.is licensed for one-time use only.and may only be used In accordance with the AIA Contract Documents Terms of Service.To report violations,e-mail copyright@aia.org. User Notes: (3B9ADA4E) Item#32. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: City of Meridian Financial Report-August 2020 Page 496 Item#32. CITY of MERIDIAN FINANCE REPORT August 2020 Report PAGE # Investment Graphs 2 Fund Balance 3 -- -_ ----------TT 90111111- If " r .ff r a C r � Irk � JI Page 497 F:\Monthly Reports\Finance Reports\FY2020\FY20-11 Aug Council Report 1 of 3 Item#32. ��E NDIAN:--- City of Meridian Investment Portfolio CITY OF MERIDIAN INVESTMENT PORTFOLIO YIELD BY INVESTMENTTYPE IDAHO STATE POOL IDAHO BOND FUND 1.70% CASH 0.00% FIB 0.70% ■FIB MoneyMarket$1,640,973 ■Cash$3,161,169 MONEYMAR KET �M n Idaho Bond Fund$21,734,753 ■Idaho State Pool$129,306,280 City of Meridian I nterest/Investment I ncome City of Meridian Cash/Investments Balance by Major Fund by Major Fund $1,200,000 $100,000,000 $1,000,000 $90,000,000 $80,000,000 $800,000 $70,000,000 $600,000 $60,000,000 $50,000,000 $400,000 $40,000,000 $30,000,000 $200,000 $20,000,000 $0 $10,000,000 General Enterprise General Fund Enterprise Fund ■Total Budget ■Actual YrD ■FY2020 ■FY2019 Page 498 F:\Monthly Reports\Finance Reports\FY2020\FY20-11 Aug Council Report 2 of 3 is Item#32. Ci�CIE IDIANA-- r�AHo GENERAL FUND BALANCE ALLOCATIONS $80,000,000 $70,000,000 $60,000,000 $50,000,000 $40,000,000 $30,000,000 $20,000,000 $10,000,000 9/30/2015 9/30/2016 9/30/2017 9/30/2018 9/30/2019 et Nonspendable ■Restricted Ile Committed ■Assigned ■Unassigned ■Reserves ENTERPRISE FUND BALANCE ALLOCATIONS $60,000,000 $50,000,000 $40,000,000 $30,000,000 $20,000,000 $10,000,000 9/30/2015 9/30/2016 9/30/2017 9/30/2018 9/30/2019 e Assigned ■Unassigned ■Reserves Page 499 F:\Monthly Reports\Finance Reports\FY2020\FY20-11 Aug Council Report 3 of 3 Fund Balance Item#33. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval of City Benefit Policies and Procedures Page 500 Item#33. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Human Resources Meeting Date: October, 13 2020 Presenter: Crystal Ritchie, Todd Lavoie Estimated Time: None Topic: City Benefit Policies Recommended Council Action: Approval of City Benefit Policy and Procedures Background: On September 22, 2020 Todd Lavoie and I presented the Compensation Committee's FY21 City benefit recommendations for discussion,your consideration and approval. Today we are seeking your approval of the policies to support these recommendations to become effective October 1, 2020. Policies attached. Page 501 Item#33. City of Meridian aWEP,IDIANf- Standard Operating Policy Number 4.2 Vacation Leave Benefits Purpose: To set forth the City's policy defining vacation leave benefits and eligibility requirements. Policy: Eligible City employees with the exception of directors and represented employees under the collective labor agreement shall accrue paid time off based on tenure with the organization or prior relevant experience. Employees may use accrued time off as per this policy at their discretion with appropriate authorization. This policy shall be implemented pursuant to the Vacation Leave Benefits Standard Operating Procedures. Authority&Responsibility: Supervisors shall ensure appropriate coverage for the employee's absence and authorize paid vacation as appropriate so as to meet the needs of City operations. Payroll in conjunction with Human Resources shall ensure proper tracking and payment of vacation hours for employees. Revision Date:10/2020 Page 503 Item#33. a-WERIDIAKv.- City of Meridian Standard Operating Procedures Number 4.2 Vacation Leave Benefits Purpose: To set forth City's vacation leave benefits and eligibility requirements.The City provides paid vacation leave as one of the many ways in which it shows its appreciation for employee's loyalty and service. Procedures and Related Information: I. Accrual Rates A. Vacation accrues from the date of hire. Vacation hours accrue on a calendar'month accrual period basis.The monthly accrual is based on length of service unless otherwise approved in accordance with the procedures. Monthly accrued vacation hours are posted to the employee's vacation leave balance on payday and are available to use on the first day of the calendar month following the accrual period.An employee cannot use vacation hours for a particular calendar month in advance or during the period in which they are earned. B. New Hires and re-hires with prior relevant experience, whose essential duties, responsibilities, knowledge, skills and abilities align with a specific job description can be credited for previous years of service with Department Director and Human Resources Director approval. The accrual rate shall be agreed upon prior to the conditional offer of employment to any applicant and will be effective upon hire. Credited years of service shall not exceed a one for one ratio. C. The monthly accrual rate for employees, other than represented employees in the Fire department are as follows: Length of Service Monthly Accrual Maximum Accrual Limit 0-2 Years 12.00 Hours 288 Hours 3 -4 Years 12.50 Hours 300 Hours 5 -6 Years 13.00 Hours 312 Hours 7—8 Years 13.50 Hours 324 Hours 9—10 Years 14.00 Hours 336 Hours 11-12 Years 14.50 Hours 348 Hours 13—14 Years 15.00 Hours 360 Hours 15—16 Years 15.50 Hours 372 Hours 17—18 Years 16.00 Hours 384 Hours 19—20 Years 16.50 Hours 396 Hours 21—22 Years 17.00 Hours 408 Hours Revision Date:10/2020 Page 504 Item#33. Length of Service Monthly Accrual Maximum Accrual Limit 23—24 Years 17.50 Hours 420 Hours 25 Plus Years 18.00 Hours 432 Hours II. Accrued vacation hours may be carried over from one (1) calendar year to the next up to a two (2) year cap from the employee's maximum annual accrual limit.Any excess over the two (2) year cap will cease to accrue until hours have been taken. A. Regular Full-Time Employees Eligible employees in this group would be eligible to use vacation leave once hours have been accrued following standard department approval processes. Director use of vacation leave is in accordance with Director Benefits Program and related Policy and Procedures, number 5.5. B. Law Enforcement and Represented Employees under the Collective Labor Agreement. 1. Police and represented employees have a one (1)year introductory period and may not use vacation leave benefits during the first year of employment unless approved by the Chief. 2. Vacation leave accruals for represented employees in the Fire Department shall be governed by the provisions of the collective labor agreement. Refer to the union contract for breakdown of schedule. C. Temporary, Seasonal, and Part-Time Employees Seasonal,temporary, and part-time employees are not eligible for vacation leave benefits. III. Vacation Leave Approval Approval for vacation leave must be pre-approved (except for those provisions under FMLA) by the employee's supervisor or department director as necessary so scheduling of work can be accomplished. IV. Other Leave Provisions A. Employees who leave the City's employment are paid all vacation leave accrued up to the time of separation. Employees separating from their employment may not use accrued leave to extend their separation date for the purpose of receiving holiday pay or other benefits. Page 505 Revision Date:10/2020 Item#33. � �� ���� �--• City of Meridian Standard Operating Policy Number 4.5 Bereavement Leave Purpose: To set forth the City's policy providing paid Bereavement Leave for regular full-time employees. Policy: In the event of a death in the immediate family of an employee,the City allows regular full-time employees an absence from work with pay of up to five (5) consecutive workdays. Additional time off may be granted, utilizing the employee's accrued vacation time, consistent with the policies of the City. The employee shall notify his/her supervisor as soon as possible to schedule the use of this leave. This policy shall be implemented pursuant to the Bereavement Leave Standard Operating Procedures. Authority& Responsibility: Immediate supervisor and department director or designee shall be responsible for administration of this policy. Revision Date:10/202 Page 506 Item#33. City of Meridian Standard Operating Procedures Number 4.5 Bereavement Leave Purpose: To set for the City's procedures regarding paid time off for regular full-time employees to address the needs of the employee upon the death of a member of the employee's immediate family. Procedures and Related Information: I. In the event of a death in the immediate family of an employee,the City allows regular full- time employee an absence from work with pay of up to five (5) consecutive workdays. Additional time off may be granted, utilizing the employee's accrued vacation time consistent with the policies of the City.The employee shall notify his/her supervisor as soon as possible prior to the use of this leave. I I II. For purposes of this policy, immediate family shall be defined as current spouse, children, parents, in-laws, brother, sister, grandparents, or grandchild of the employee. In-laws are defined as a father, mother, or grandparents of current spouse, or sister and brother-in-law of the employee.Adopted,foster, or"step" relationships will be considered the same as any other family relationship III. Bereavement Leave provisions for represented employees in the Fire Department shall be governed by the provisions of the current collective labor agreement. 1 Revision Date: 10/202 Page 507 Item#33. * City of Meridian Standard Operating Policy p g Y Number 4.11 Paid Parental Leave (PPL) Purpose: To set forth the City's policy regarding paid parental leave that is offered to eligible employees. Policy: The City recognizes that it is in a unique position to be a model for other government organizations. As such, in an effort to provide an opportunity for parents to bond and welcome a new child to their family, the City offers paid parental leave. Parental leave is available to regular full-time employees, regardless of gender. This policy shall be implemented pursuant to the Paid Parental Leave (PPL) Standard Operating Procedures. Authority and Responsibility: Human Resources is responsible for the administration of this policy. Revision Date 10/2020 Page 508 Item#33. City of Meridian IDI — Standard Operating Procedure Number 4.11 Paid Parental Leave (PPL) Purpose: To set forth the City's procedures regarding paid parental leave that is offered to eligible employees. Procedures and Related Information: I. Definition .Parental leave refers to paid time off following the birth of an employee's natural child or the legal placement of a child with an employee for the purposes of adoption. The maximum amount of paid parental leave, per eligible occurrence, is 480 hours(12 week equivalent). The 480 hours of paid parental leave may be used consecutively or intermittently but will run concurrently with the 12-week approved FMLA event. II. Eligibility A. Coverage and Eligibility:An employee's eligibility for Paid Parental Leave shall be made based on the employee's months of service and hours of work as of the date of the qualifying life event.Employees who become parents via birth,adoption are considered Eligible Employees if: 1. Employee is classified as Regular Full Time. Employee must be eligible for Family and Medical Leave(FMLA)by being in pay status for at least 1,250 hours in the previous 12-month period.3. Eligibility determinations are made as of the date that the child is born or placed via adoption. 4. If both parents are Eligible Employees, each may receive Paid Parental Leave. Both parents may take their leave simultaneously or at different times within the FMLA 12-week eligible period. B. Paid Parental Leave (PPL) provisions for represented employees in the Fire Department shall be governed by the provisions of the current collective labor agreement. III. Certification of Eligibility for Parental Leave A. Eligible Employees shall be required to certify that they will use Paid Parental Leave to give birth to a child or will use Paid Parental Leave to care for or bond Revision Date:10/2020 Page 509 Item#33. with a child. B. Employees may be required to submit documentation (if applicable)to Human Resources. Official documents may include but not limited to: Qualifying Event Acceptable Documentation Adoption • Adoption Order Proof of Placement Birth • Birth Certificate or Report of Birth • Custody Order • Proof of Placement C. Documents provided must show the date of birth or date of placement, if placement was other than the date of birth.The name of the legal parent must appear on the birth certificate, a legal document establishing paternity or a legal document establishing adoption. IV. Timecard Requirements: A. Eligible employees will account for paid parental leave hours using the "parental leave" column of the timecard. Eligible employees will also track FMLA hours in the "FMLA" column fo the timecard,to run concurrently with the paid parental leave hours. Revision Date:10/2020 Page 510 Item#33. City of Meridian Standard Operating Policy Number 5.4 Education Reimbursement Purpose: To set for the City's policy regarding educational reimbursement provided by the City. Policy: The City encourages employees to expand their knowledge and skills through participation in outside educational programs during non-working hours. The City will assist regular full-time employees in, furthering their education by contributing to the cost of approved taken at accredited institutions. This policy shall be implemented pursuant to the Education Reimbursement Standard Operating Procedures. Authority&Responsibility: Department Director, or designee, along with the Human Resources Department are responsible for administering this policy. Revision Date:10/202 Page 511 Item#33. 0 I'll City of Meridian awE t!5' Standard Operating Procedure Number 5.4 Education Reimbursement Purpose: To set forth the City's procedures regarding educational reimbursement provided by the City. Procedures and Related Information: I. The City encourages employees to expand their knowledge and skills through participation in outside educational programs during non-working hours. II. The City will assist regular full-time employees by contributing to the cost of approved courses taken at accredited institutions.The City will reimburse up to $3,000.00 per accounting fiscal year for registration,tuition,fees and books.Travel and similar miscellaneous expenses are not reimbursable.The department director may consider reimbursement in excess of$3,000.00 for registration,tuition,fees and books with the prior approval of the Mayor.The funding for any additional reimbursement above the standard threshold must come from the department's current budget for training. Approval will be on an annual basis in conjunction with the City's annual budget development process.Students must pay the institution directly. No billing statements shall be sent to the City of Meridian finance or any other department for education reimbursement purposes. III. To be eligible for reimbursement the courses must be approved in advance of participation by the department director. IV. To qualify for education reimbursement, an employee must be employed with the City for six (6) months.To receive reimbursement, an employee must be on the payroll at the time the course has begun and completed.The course must be completed with a passing grade of C or better or a P on pass/fail basis. Reimbursement will be made after the successful completion of the course(s). Copies of grades, receipts for tuition, books, and fees must be submitted with the reimbursement request to Human Resources for processing. V. The Application for Education for Reimbursement Form is located on the Human Resources Intranet page or contact Human Resources. VI. Education Reimbursement provisions for represented employees in the Fire Department shall be governed by the provisions of the current collective labor agreement. Revision Date:10/2020 Page 512 Item#33. { City of Meridian � IDI ~- Standard Operating Policy Number 5.5 Director Benefits Program Purpose: To set forth the City's policy outlining fair and equitable benefits for the department directors of the City.The City acknowledges that the directors' work in excess of other positions within the City and hold the highest amount of accountability for the direction of the various Departments.The directors are accountable to the Mayor,the City Council, and the citizens of Meridian. Policy: The department directors of the City serve as appointees pursuant to Idaho Code.The expectation is that the director will perform and meet the expectations of the Mayor and City Council.This benefit plan was developed to insure that the City of Meridian can attract and retain the most qualified directors.This plan provides cost effective and positive incentives to recognize the value and enhancement quality executive personnel can provide to the benefit of Meridian and its citizens. This policy shall be implemented pursuant to the Director Benefits Program Standard Operating Procedures. Authority& Responsibility: Human Resources will be tasked to monitor and implement the requirements of this policy. Human Resources will further be responsible to keep the benefits provided under this policy current with the job market through its normal measures. Revision Date: 10/2020 Page 513 Item#33. WE City of Meridian Standard Operating Procedures Number 5.5 Director Benefits Program Purpose: To set forth the City's procedures outlining additional benefits for the department directors of the City. Procedures and Related Information: I. The department directors shall receive the following benefits in addition to the other City benefits provided: A. No introductory period of employment; B. Annual Leave accrual at 18 hours per month with a maximum accrual of 432 hours; C. Ability to convert up to%of accrued vacation leave annually (maximum annual conversion amount is 100 hours) and direct it to a City deferred compensation plan (All IRS regulations must be adhered to); D. Upon beginning of employment,the director will receive a bank of 40 hours of sick leave and 16 hours of annual leave; E. The City will pay for an additional$80,000 in life insurance coverage above and beyond the City provided coverage; F. If necessary,the City will provide up to the 21 days of paid coverage to qualify for Short Term Disability program (STD). Directors own available leave must be applied first; G. If necessary,the City will provide "make-up" pay between STD and the director's salary for up to 90 days or until Long Term Disability (LTD) becomes available. Director's own available leave must be applied first; H. If necessary,the City will provide make-up pay between LTD and the directors salary for up to 90 days. Director's own available leave must be applied first. II. In areas where director benefits exceed regular employee benefits, directors shall receive the greater benefit. Revision Date:10/202 Page 514 Item#33. City of Meridian Standard Operating Policy Number Retirement Match Program Purpose: To set forth the City's policy regarding the Retirement Match Program. Policy: In support of the City's Vision to provide competitive benefits for all employees post retirement needs, the City has established a retirement match program for all regular full time employees and elected officials contributing to an allowable Retirement Plan as defined in this policy. This policy shall be implemented pursuant to the Retirement Match Program Standard Operating Procedures. Authority&Responsibility: Human Resources is responsible for the administration of this policy. Revision Date: 10/2020 Page 515 Item#33. ERIDIAN City of Meridian Standard Operating Procedure Number Retirement Match Program Purpose: To set forth the City's procedures regarding the Retirement Match Program and eligibility requirements. Procedures and Related Information: I. Eligibility a. All regular full time employees and elected officials contributing to an allowable Retirement Plan as defined in these procedures. b. Retirement match provisions for represented employees in the Fire Department shall be governed by the provisions of the current collective labor agreement. II. Employer Match Amount a. The City of Meridian will match up to a maximum of 2%, or as approved by City Council, of all employee investments into an allowable Retirement Plan as defined in the procedures per pay period. b. The Retirement Match Program is not eligible for Vacation or Sick Time Accrual Rollover Programs. III. Allowable Retirement Programs a. The City of Meridian allowable deferred compensation retirement programs: i. PERSI Choice 401K ii. State 457 Pre-Tax Retirement Plan IV. Employee Match Amount a. Employees electing to participate in the City Retirement Program are limited to whole percentage contribution amounts. i. Allowable contribution amounts: 1. 1% 2. 2% V. Roles and Responsibilities a. Eligible employees are responsible for establishing an allowable retirement account. b. Eligible employees are responsible for notifying Human Resources of their Employee Contribution distribution to allowable retirement plans. c. Human Resources is responsible for managing all paperwork associated with employee contribution amounts. Revision Date: 10/2020 Page 516 Item#34. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Resolution No. 20-2232: A Resolution Authorizing the Seventh Continuance of a Local Disaster Emergency Declaration and its Terms for an Additional Thirty (30) Days; Authorizing the Continued Immediate Expenditure of Public Money to Safeguard Life, Health and Property Page 517 ADA COUNTY RECORDER Phil McGrane 2020-138122 BOISE IDAHO Pgs=3 BONNIE OBERBILLIG 10/15/2020 11:52 AM CITY OF MERIDIAN, IDAHO NO FEE RESOLUTION NO. 20-2232 BY THE COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER A RESOLUTION AUTHORIZING THE SEVENTH CONTINUANCE OF A LOCAL DISASTER EMERGENCY DECLARATION AND ITS TERMS FOR AN ADDITIONAL THIRTY(30)DAYS; AUTHORIZING THE CONTINUED IMMEDIATE EXPENDITURE OF PUBLIC MONEY TO SAFEGUARD LIFE, WEALTH AND PROPERTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the 2019 novel coronavirus (COVID-19)pandemic continues to represent an imminent threat to the life,health, and property of the City of Meridian and its citizens; and WHEREAS, a local disaster emergency, as defined in Section 46-1002, Idaho Code, continues to be in existence in the City of Meridian due to the imminent threat to life and property; and WHEREAS, pursuant to the authority granted in Section 46-1011, Idaho Code, the Mayor of the City of Meridian, on March 16, 2020, declared a local disaster emergency; and WHEREAS, on March 1.7, 2020 the City Council of the City of Meridian passed Resolution 20-2195 ratifying the Mayor's Declaration and authorizing the continuance of the local disaster emergency declaration for a period of thirty(30) days; and WHEREAS, on April 14, 2020 the City Council of the City of Meridian passed Resolution 20-2203 authorizing the continuance of the local disaster emergency declaration for an additional thirty(30) days; and WHEREAS, on May 1.21h, 2020 the City Council of the City of Meridian passed Resolution 20-2210 authorizing the continuance of the local disaster emergency declaration for an additional thirty(30) days; and WHEREAS, on June 9th, 2020 the City Council of the City of Meridian passed Resolution 20-2214 authorizing the continuance of the local disaster emergency declaration for an additional thirty(30) days; and WHEREAS, on July 14th 2020, the CityCouncil of the City of M(ridian passed Resolution 20-2216 authorizing the continuance of the local disaer emergency declaration for an additional thirty (30) days; and WHEREAS, on August 1 lth, 2020, the City Council of the City of Meridian passed Resolution 20-2222 authorizing the continuance of the local disaster emergency declaration for an additional thirty (30) days; and WHEREAS, on September 8th, 2020, the City Council of the City of Meridian passed Resolution 20-2228 authorizing the continuance of the local disaster emergency declaration for an additional thirty(30) days; and Item#34. WHEREAS, it is deemed necessary by the Council of the City of Meridian to extend such local disaster emergency declaration for an additional thirty(30) days to provide for the ongoing response to the COVID-19 pandemic; and WHEREAS, Section 67-2808, Idaho Code, authorizes the Council of the City of Meridian to declare an emergency authorizing the immediate expenditure of public money to safeguard life, health or property; and WHEREAS, the Council of the City of Meridian deems it necessary for the health and safety of the citizens of the City of Meridian to continue the authorization for the immediate expenditure of public money to safeguard life, health and property; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the Declarations of Local Disaster Emergency pursuant to Resolutions 20- 2195, 20-2203, 20-2210, 20-2214, 20-2216, 20-2222, and 20-2228 shall remain in effect for an additional period of thirty(30) days from the effective date of this Resolution unless terminated, modified or unless extended for thirty(30) day increments. Section 2. That the continued immediate expenditure of public money to safeguard the life, health and property of the City of Meridian is hereby authorized for an additional thirty(30) day increment. Section 3. That this Resolution shall be effective on October 13, 2020, and shall establish an uninterrupted period of Emergency Declaration from March 17, 2020 through midnight on November 11, 2020. Section 4. That this resolution shall supersede and void all other resolutions, orders, or parts thereof that may conflict herewith. Section 5. That a copy of this resolution shall be promptly filed with the Ada County Recorder. ADOPTED by the Council of the City of Meridian, Idaho, this 13th day of October 2020. APPROVED by the Mayor of the City of Meridian, this 131h day of October 2020. Robert E. Simison Mayor ATTEST: Chris Johnson City Clerk RESOLUTION REAUTHORIZING DECLARATION OF LOCAL DISASTER EMERGENCY Page 2 page 519 Item#34. STATE OF IDAHO ) ss County of Ada ) On this 13th day of October 2020,before me,a Notary Public,personally appeared Robert E.Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at: Meridian, Idaho Commission expires: 3-28-2022 RESOLUTION REAUTHORIZING DECLARATION OF LOCAL DISASTER EMERGENCY Page 3 page 520 Item#35. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Resolution No. 20-2235: A Resolution of the Mayor and the City Council of the City of Meridian Reappointing John Nesmith to Seat 3 of the Meridian Parks and Recreation Commission Page 521 Item#36. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: AP Invoices for Payment- 09-28-20 - $5,816.78 - Special Page 523 Item#36. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund IDAHO CHILD SUPPORT RECEIPTING Case#251042 B.Caldwell Child Support September 202C 363.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING Case#262519 T.Bryner Child Support September 2020 1,174.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING Case#311213 M.Payne Child Support September 2020 317.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING Case#321962 M.Gould Child Support September 2020 821.71 Total 01 General Fund 2,675.71 60 Enterprise IDAHO CHILD SUPPORT RECEIPTING Case#326566 N.Howell Child Support September 2020 299.00 Fund 60 Enterprise IDAHO CHILD SUPPORT RECEIPTING Case#344238 B.Kerr Child Support September 2020 443.00 Fund 60 Enterprise IDAHO CHILD SUPPORT RECEIPTING Case#352719 B.Arte Child Support September 2020 349.00 Fund 60 Enterprise IDAHO CHILD SUPPORT RECEIPTING Case#352975 B.Blake Child Support September 2020 641.65 Fund 60 Enterprise IDAHO CHILD SUPPORT RECEIPTING Case#354376 M.Edwards Child Support September 221.64 Fund 2020 60 Enterprise IDAHO CHILD SUPPORT RECEIPTING Case#412750 D.Patton Child Support September 2020 604.20 Fund 60 Enterprise IDAHO STATE TAX COMMISSION ID#L1704547008 D.Heaton Sept 2020 #2375605 582.58 Fund Total 60 Enterprise 3,141.07 Fund Report Total 5,816.78 Page 524 Date:9/28/20 03:15:49 PM Page:1 Item#37. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: AP Invoices for Payment- 09-30-20 - $339,605.57 - Special Page 525 Item#37. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund ACCELA, INC. FY21 Accela Citizen Access Annual Maintenance and 65,213.94 Support 01 General Fund AFLAC September 2020 AFLAC 3,855.76 01 General Fund BANK OF AMERICA VISA#5201, 09/30/20 55,936.94 01 General Fund BRIAN MCCLURE#7110 Education Brian McClure University of Southern 2,600.00 California, 01 General Fund CHASE CHRISTOPHER Educ Reimb: C.Christopher Summer AMU 920.00 06/01/20-07/26/20 01 General Fund FRED PRYOR SEMINARS Fred Pryor Trainings P Middleton 199.00 01 General Fund FRED PRYOR SEMINARS FY21 Employee Training. New Clerks Employee 199.00 01 General Fund FRED PRYOR SEMINARS FY21 Renewal Employee Training for Clerks and 3,184.00 Finance 01 General Fund IAFF LOCAL 4627 #4627 Firefighters Dues September 2020 7,260.03 01 General Fund IDAHO STATESMAN ID Statesman credit for duplicate payment (572.80) 01 General Fund IDAHO STATESMAN Job Posting for Administrative Assistant I 8/23-9/21 177.25 01 General Fund IDAHO STATESMAN Refund received 9/17/20 545.81 01 General Fund JOHNSON CONTROLS FIRE 20-0054 Fire Alarm monitoring at Homecourt 149.50 PROTECTION LP 01 General Fund JOHNSON CONTROLS FIRE 20-0054 Sprinkler Test&Inspect Backflow Systerm FS 418.00 PROTECTION LP 5 01 General Fund JOHNSON CONTROLS FIRE 20-0054 Sprinkler test and inspect at Fire Station 5 255.00 PROTECTION LP 01 General Fund JOHNSON CONTROLS FIRE Credit Memo toward invoice 21522395 (368.00) PROTECTION LP 01 General Fund JOHNSON CONTROLS FIRE Credit to Invoice 21363447's Account Maintenance Fee (9.50) PROTECTION LP 01 General Fund M.D.WILLIS,INC. Court Reporting Council&P&Z Hearings September 1,794.00 2020 01 General Fund MASTERCARD MC Fire#5 09/30/20 Statement 932.50 01 General Fund MASTERCARD MC Parks#2 09/30/20 Statement 308.90 01 General Fund MASTERCARD MC Parks#1 09/30/20 Statement 952.27 01 General Fund MASTERCARD MC PD#4 09/30/20 Statement 60.56 01 General Fund MASTERCARD PD#2 09/30/20 Statement 3,505.00 01 General Fund MASTERCARD PD#3 09/30/20 Statement 1,360.58 01 General Fund MASTERCARD PD#5 09/30/20 Statement 2,468.07 01 General Fund NATIONWIDE RETIREMENT September 2020 Pre-Tax Contributions-457 12,939.16 SOLUTIONS,INC 01 General Fund NATIONWIDE RETIREMENT September 2020 ROTH Contributions 44,224.93 SOLUTIONS,INC Page 526 Date:9/30/20 03:37:24 PM Page:1 Item#37. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund NOVUSOLUTIONS/GRANICUS FY21 Boards and CoM,Open Platf Suite 8,400.00 10/1/20-9/30/21 01 General Fund PAM ORR#3566 Reimb:P.Orr Community Events Purchase Costco 132.68 09/24/20 01 General Fund SKYLINE WINDOW CLEANING Window Cleaning to Remove CMU Sealant Overspray 1,156.00 PD 01 General Fund STAPLEY ENGINEERING Veneer Invest, Prof Services from 08/20/20-09/28/20 2,317.50 01 General Fund UNITED WAY OF TREASURE VALLEY #17426 September 2020 Contributions 138.34 01 General Fund WSCFF EMPLOYEE BENEFIT TRUST September 2020 MERP Contributions 8,200.00 Total 01 General Fund 228,854.42 07 Impact Fund BANK OF AMERICA VISA#5201, 09/30/20 (69.98) 07 Impact Fund IDAHO POWER CO WO#27562872 Svc Req#00459354 Scenario Training 9,704.00 Center Servic Total 07 Impact Fund 9,634.02 20 Grant Fund MERIDIAN CHAMBER of COMMERCE 20-0403 Keep Meridian Healthy Campaign 10,040.83 governmental Total 20 Grant Fund 10,040.83 governmental 60 Enterprise AFLAC September 2020 AFLAC 547.40 Fund 60 Enterprise ASSETS&INVESTMENTS MANAGEMENT Refund WT/S/T: 841 N Traquair PI Overpayment from 24.91 Fund Asses&in 60 Enterprise ASSOC OF IDAHO CITIES FWQC Membership for L. McVey Valid From 10/01/20- 500.00 Fund 09/30/21 60 Enterprise BANK OF AMERICA VISA#5201, 09/30/20 18,316.59 Fund 60 Enterprise BILTMORE COMPANY REFUND Sur-2018-0062 Warranty Deposit Whistle Stop 12,468.20 Fund Sub.Org 60 Enterprise DENNIS TELLER Reimb:D.Teller, Donuts for Staff 42.03 Fund 60 Enterprise MCLERAN WELL DRILLING, LLC 20-0314 Winnipeg Well Abandonment Contract FINAL 50,500.00 Fund 60 Enterprise NATIONWIDE RETIREMENT September 2020 Pre-Tax Contributions-457 2,757.88 Fund SOLUTIONS,INC Page 527 Date:9/30/20 03:37:24 PM Page:2 Item#37. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise NATIONWIDE RETIREMENT September 2020 ROTH Contributions 5,727.89 Fund SOLUTIONS,INC 60 Enterprise STEPHANIE JO BURGUESS Refund WT/S/T: 113 E Cholla Hills St Title Company& 156.40 Fund Custome 60 Enterprise UNITED WAY OF TREASURE VALLEY #17426 September 2020 Contributions 35.00 Fund Total 60 Enterprise 91,076.30 Fund Report Total 339,605.57 Page 528 Date:9/30/20 03:37:24 PM Page:3 Item#38. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: AP Invoices for Payment- 10-01-20 - $175,597.00 Page 529 Item#38. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund I.C.R.M.P. Payment for 1st half of FY2021 Ins Premium 131,697.75 10/01/20-09/30/21 Total 01 General Fund 131,697.75 60 Enterprise I.C.R.M.P. Payment for 1st half of FY2021 Ins Premium 43,899.25 Fund 10/01/20-09/30/21 Total60 Enterprise 43,899.25 Fund Report Total 175,597.00 Page 530 Date:10/1/20 03:04:29 PM Page:1 Item#39. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: AP Invoices for Payment- 10-07-20 - $407,003.56 Page 531 Item#39. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund ADA COUNTY PARAMEDICS 220/4 Heartsaver CPR Cards,City Training 80.00 01 General Fund ADA COUNTY SHERIFF'S OFFICE Phone Translation Service Aug 2020 26.28 01 General Fund AMERICAN DOOR SERVICE/MERIDIAN 220/ Panic hardware on door repaired 140.00 DOOR&HARDWARE 01 General Fund ARROWHEAD FORENSIC PRODUCTS Evidence Markers 24.45 01 General Fund ARROWHEAD FORENSIC PRODUCTS Evidence Supplies-Eyewear, Markers 190.33 01 General Fund AUTOMATED OFFICE SYSTEMS Kyocera Cs5053ci click fees 8/14-9/13/20 258.50 01 General Fund BERRY ELECTRICAL SERVICES, INC. 20-0012 Stlt Repair Pole 28893B DAMAGE CLAIM 42.00 01 General Fund BERRY ELECTRICAL SERVICES, INC. 20-0012 Streetlight Repair Pole#40254C 94.00 01 General Fund BERRY ELECTRICAL SERVICES,INC. 20-0012 Streetlight Repair Pole#40525C 94.00 01 General Fund BERRY ELECTRICAL SERVICES,INC. 20-0012 Streetlight Repair Pole#40529C 94.00 01 General Fund BERRY ELECTRICAL SERVICES, INC. 20-0012 Streetlight Repair Pole#40530C 94.00 01 General Fund BERRY ELECTRICAL SERVICES,INC. 20-0012 Streetlight Repair Pole#41100C 94.00 01 General Fund BERRY ELECTRICAL SERVICES,INC. 20-0012 Streetlight Repair Pole#41101C 94.00 01 General Fund BERRY ELECTRICAL SERVICES, INC. 20-0012 Streetlight Repair Pole#4966B 196.00 01 General Fund BERRY ELECTRICAL SERVICES, INC. 20-0012 Streetlight Repair Pole#52987C 148.00 01 General Fund BERRY ELECTRICAL SERVICES,INC. No PO Streetlight Repair Damage Claim Pole 41014C 9,977.00 01 General Fund BOE-Boise Office Equipment CN29065-01 220/Maint. Fee Charged per copy 89.65 8/25-9/24/20 01 General Fund BOISE CRANE 220/hoist stairs on training tower for repair 300.00 01 General Fund BOISE SOFTBALL UMPIRES ASSOC. 20-0231 softball umpires 9/7-9/11/20-qty 30 games 1,488.30 01 General Fund BRADY INDUSTRIES, LLC. 220/Janitorial, Sta. 2 133.36 01 General Fund BROWNELLS Firearms Parts 394.76 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC 220/ MF042 Oil Change,Tire Rotation 76.59 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Fuse Block Replaced Unit# 144 406.75 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for unit# 156 90.94 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit#528 64.99 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change,Wipers,Cabin Filter, Battery Unit#99 232.66 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC One Tire for Unit# 143 150.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Taillight for Unit# 15 22.50 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Vehicel Maintenance The Rotation/Oil Change 54.99 VC20825#3 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Vehicle#15 Maintenance C21308 99.18 01 General Fund CAMPBELL TRACTOR INC. tires for Kleiner Park 997 mower-qty 2 525.50 01 General Fund CDW GOVERNMENT CradlePoint 3M Pwr Direct Wire 12.32 01 General Fund CDW GOVERNMENT Havis 2pt Docking Station 2,205.00 01 General Fund CINTAS First Aid Kit Maintenance 249.86 01 General Fund COMMERCIAL TIRE 220/MF040 Tire Change 68.95 01 General Fund CREWSENSE LLC Support Plan less than 100 users 9/5/20-10/4/20 39.99 01 General Fund D&B SUPPLY Dog Food for K9 Arco 37.99 Page 532 Date:9/29/20 01:12:56 PM Page:1 Item#39. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund D&B SUPPLY Dog Food for K9 Tuso 103.98 01 General Fund DANCE ARTS ACADEMY CHARTERED Payment and Reimb.for Art Week Class and class 99.00 supplies 01 General Fund DIRT ROAD DANCING LLC Payment for Art Week Class 9/20 50.00 01 General Fund DONE RITE TREE CO. Mulberry tree&limb removal at Tully Park-qty 1 700.00 01 General Fund ELECTRICAL WHOLESALE SUPPLY CO 12 30W LED Wall Pack Replacement Lamp 5000K and 976.22 more 01 General Fund ELECTRICAL WHOLESALE SUPPLY CO 220/Patio lights,Sta. 4 Building Maint 68.39 01 General Fund ELECTRICAL WHOLESALE SUPPLY CO 220/2 cord reels,st. 2 162.72 01 General Fund ELECTRICAL WHOLESALE SUPPLY CO 50 SYL CF3DT/E/IN/835/ECO 20885 352.13 01 General Fund ERIC STOFFLE#3071 PerDiem:E.Stoffle,Invst.O.C.,CA 9/21/20-9/25/20 293.25 01 General Fund EVA J BAILEY Payment for Art Week Class 9/20 50.00 01 General Fund FASTENAL COMPANY 220/connectors 4.68 01 General Fund FASTENAL COMPANY epoxy for Kleiner Park-qty 1 29.94 01 General Fund FEDEX Out of state pre employment fingerprinting for G. 38.45 Henson 01 General Fund FEDEX Out of state pre employment fingerprints: 87.76 Delbarrio+Henson 01 General Fund FRANZ WITTE LANDSCAPE James Court sidewalk widening landscape repairs 7,373.00 8/20/20 01 General Fund GRAINGER 220/Batteries AA and AAA,Sta. 3 53.24 01 General Fund GRAINGER 220/Batteries AA,Sta. 1 53.24 01 General Fund GRAINGER 220/Coveralls,Training, Equipment 268.24 01 General Fund GRAINGER 3 aluminum door sweeps for Fire Station 6-S. Smith 45.20 01 General Fund H.D. FOWLER COMPANY filter fittings for Reta Huskey Park-qty 30 50.10 01 General Fund H.D. FOWLER COMPANY filter pipe for Reta Huskey Park-qty 60 ft. 52.20 01 General Fund HOME DEPOT CREDIT SERVICES 4 8' ladders-2 for Police, 1 for Police K-9,&1 for HC 556.00 01 General Fund HOME DEPOT CREDIT SERVICES Firearms Training Suppliles 33.56 01 General Fund HOME DEPOT CREDIT SERVICES K9 Building Lights 33.96 01 General Fund HORIZON DISTRIBUTORS INC Exmark mower rental for Settlers Park 7/7-9/14/20 5,850.00 01 General Fund I.C.R.M.P. Refund C-20-02114012248 For Streetlight 30147C 2,448.00 01 General Fund I.C.R.M.P. Refund C-20-02114012249 For Streetlight 52531C 2,132.00 01 General Fund IDAHO CORRECTIONAL INDUSTRIES Business Cards for KGeorge, 1 box of 500 46.25 01 General Fund IDAHO POWER 2200773816,City Hall Power September 2020 11,252.88 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice-New Citywide Fee Schedule 548.36 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice 9/18/20 ORD. 20-1894 Gen Innovation 125.29 School Anne 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice 9/22/20 Public Hearing Frenze Plaza, 92.35 Victory Ap Page 533 Date:9/29/20 01:12:56 PM Page:2 Item#39. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice 9/4/20 ORD 20-1890 Ascent Townhomes 134.44 Annexation 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice 9/4/20 ORD. 20-1891 Pine Cove 94.18 Annexation 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice Ord. 20-1895,Compass Charter School 116.14 Annexation 01 General Fund IDAHO STATESMAN ID Statesman credit for duplicate payment (572.80) 01 General Fund IDAHO STATESMAN Job Posting for Administrative Assistant I 8/23-9/21 177.25 01 General Fund IDAHO STATESMAN Refund received 9/17/20 545.81 01 General Fund INTERSTATE ALL BATTERY CENTER 220/Backup batteries for Fire Alarm Panel Sta. 3&4 77.60 01 General Fund INTERSTATE ALL BATTERY CENTER 220/Backup batteries for Fire Alarm System-Sta. 1 38.80 01 General Fund INTERSTATE ALL BATTERY CENTER 3v Lithium CR2032 Bulk Buy 25 60.00 01 General Fund JAYKER WHOLESALE NURSERY Pine Avenue tree planting-qty 9 2,204.55 01 General Fund KELLER ASSOCIATES,INC. 20-0096 Electrical Plans Review 8/2020 35 Com/26 23,675.75 Res 01 General Fund KENDALL FORD OF MERIDIAN Charge System Problem Diagnosis&Repairs Unit#40 1,775.69 01 General Fund KENDALL FORD OF MERIDIAN Left Front Seatbelt Buckle for Airbag Light Unit#161 323.29 01 General Fund KENDALL FORD OF MERIDIAN Resealed Transmission Case for Unit# 152 100.00 01 General Fund L.N. CURTIS AND SONS 220/Boots-Welborn 115.00 01 General Fund L.N. CURTIS AND SONS 220/Class A Alteration-Warner 32.50 01 General Fund L.N. CURTIS AND SONS 220/Hurst Tool Repair 110.00 01 General Fund L.N. CURTIS AND SONS 220/Workrite Pants(4) 471.50 01 General Fund L.N. CURTIS AND SONS Replacemetn Shirt for C.Jacob, DR#20-534 105.00 01 General Fund L.N. CURTIS AND SONS Uniform Holster 169.28 01 General Fund LAERDAL MEDICAL CORP 220/Medical, ECG Kid SimPad ECG-child manikin 4,054.00 01 General Fund LAWN CO MAINTENANCE irrigation repairs at multiple contracted sites 1,099.12 8/4-8/21/20 01 General Fund LAWN CO MAINTENANCE Lawn repair due to Equipment used for Mason work 2,550.00 01 General Fund LELAND CONSULTING GROUP INC 20-0167 Reasearch and Economic Development 2,920.00 Analysis 9/20202 01 General Fund LEXIPOL, LLC Annual Law Enforcement Policy Manual&Daily 5,067.00 Training Bullet 01 General Fund LOWE'S Refrigerator and 2 Microwaves for PSTC Student Use 974.70 01 General Fund LUCKY J EXCAVATION Abatement for 1265 E. Drucker, DR# 20-5513 300.00 01 General Fund LUCKY J EXCAVATION Abatement for 3100 N. Centrepoint Way DR#20-5498 1,775.00 01 General Fund MATT FERRONATO#3500 PerDiem:M.Ferronato,Invst. O.C.,CA 9/21/20-9/25/20 293.25 01 General Fund MERCER HEALTH&BENEFITS 20-0333 Benefits Brokerage&Consulting Svcs 5,000.00 Sept202O 01 General Fund MINUTEMAN LOCK&SECURITY Duplicate Keys for CID 14.00 01 General Fund MINUTEMAN LOCK&SECURITY Keys for Nampa's Range 10.00 Page 534 Date:9/29/20 01:12:56 PM Page:3 Item#39. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund MINUTEMAN LOCK&SECURITY Unlock Vehicle for Investigation DR20-5596 55.00 01 General Fund MOTOROLA Larger Knobs for Portable Radios 113.60 01 General Fund MOTOROLA Portable Radio Clips 65.70 01 General Fund MOTOROLA Portable Radio Holster for Duty Use 70.81 01 General Fund MOTOROLA Short Antennas for Portable Radios 42.34 01 General Fund MOTOROLA Travel Chargers for Portable Radios 1,378.70 01 General Fund MOUNTAIN WEST, LLC wood bark for Kleiner Park tree wells-qty 110 yds 3,020.00 01 General Fund NAPA AUTO PARTS 220/MF030 Battery 122.79 01 General Fund NAPA AUTO PARTS Oil Absorbent for CSO's to Carry 41.90 01 General Fund NATIONAL COATINGS INC 20-0318 MPD&K9 Exterior CMU Sealant 17,024.00 01 General Fund NUTRIEN AG SOLUTIONS,INC. Dismiss NXT for all parks-qty 2 1,235.20 01 General Fund NUTRIEN AG SOLUTIONS, INC. Sedgehammer for all parks-qty 2 141.20 01 General Fund OFFICE DEPOT,INC. 220/cardstock,certificate paper,linen 60.24 paper,binders,dividers 01 General Fund OFFICE DEPOT, INC. 220/clips, pens, paper,envelopes,tags, 452.45 tape,toner,folders 01 General Fund OFFICE DEPOT,INC. 220/Paper FSC 6 cases 172.92 01 General Fund OFFICE DEPOT,INC. 220/Pens 5.68 01 General Fund OFFICE DEPOT, INC. 3x3 sticky notes,ca rdstock,d uster rags,3mil 38.34 laminate,notebks 01 General Fund OFFICE DEPOT,INC. Annual bulk order of office supplies for PW Department 390.16 01 General Fund OFFICE DEPOT, INC. Binders, Markers,Sharpies, Dry Erase Pens 164.44 01 General Fund OFFICE DEPOT, INC. Bldg Svcs Printer Toner Inspection Bay 839.13 01 General Fund OFFICE DEPOT,INC. Bldg Svcs Sharpie/Post it 63.08 01 General Fund OFFICE DEPOT,INC. ComDev Inventory 422.47 01 General Fund OFFICE DEPOT, INC. Heavy Duty Tape for Evidence 59.22 01 General Fund OFFICE DEPOT,INC. Inspection Bay Pens/Calendar 2021 106.29 01 General Fund OFFICE DEPOT,INC. Keyboard mouse combo K Aman 19.04 01 General Fund OFFICE DEPOT, INC. Notebooks Inspectors 74.90 01 General Fund OFFICE DEPOT, INC. Office Supplies Com Dev Pens 22.22 01 General Fund OFFICE DEPOT,INC. Paper, Deskpads,Calendars, Mouse wrist support 236.71 01 General Fund OFFICE DEPOT,INC. Pens, Business cards holder 104.62 01 General Fund OFFICE DEPOT, INC. Plan Review Notebooks 75.00 01 General Fund OFFICE DEPOT,INC. Plan Review Pens/Pencils 17.57 01 General Fund OXARC,INC. 220/Medical Oxygen(1) 14.26 01 General Fund RECYCLED MINDS LLC Payment for Art Week Class 9/20 100.00 01 General Fund RICOH USA,INC Print Copies ComDev S/N C8684062 08/23/20-09/22/2C 75.87 01 General Fund RMT EQUIPMENT proximity switch for Jacobsen 311 mower repair-qty 1 81.32 01 General Fund SIGNS, ETC Printing of K9 Cards w/Current Drug Facts for 975.00 Educational Page 535 Date:9/29/20 01:12:56 PM Page:4 Item#39. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund SIGNS, ETC Replace Vinyl Graphics driver side and Passenger side 1,289.00 #163 01 General Fund SILYNX COMMUNICATIONS INC Communication Headset 1,096.40 01 General Fund SNAP PROMOTIONS Canvas lunch bags for staff at PW picnic on 9/23/20 39.75 E.Bowers 01 General Fund SPECIALTY CONSTRUCTION SUPPLY ball field paint-qty 144 717.12 01 General Fund SPECIALTY CONSTRUCTION SUPPLY striping paint for Flag Football-qty 36 179.28 01 General Fund STAR FIRE DISTRICT MAINTENANCE 20-0380 220/MF008 Oil Change 1,034.84 DIVISION 01 General Fund STAR FIRE DISTRICT MAINTENANCE 20-0380 220/ MF040 AC Fan not working 896.10 DIVISION 01 General Fund STAR FIRE DISTRICT MAINTENANCE 20-0380 220/MF040 Intake pilot,Air bag, Rear brakes 2,680.58 DIVISION 01 General Fund STAR FIRE DISTRICT MAINTENANCE 20-0380 220/MF045 New batteries 238.16 DIVISION 01 General Fund STAR FIRE DISTRICT MAINTENANCE 20-0380 220/MF045 Oil change 1,242.67 DIVISION 01 General Fund STAR FIRE DISTRICT MAINTENANCE PO 20-0380 220/MF021 Air conditioner repair 4,262.77 DIVISION 01 General Fund STRIVE WORKPLACE SOLUTIONS 2 Chairs for Patrol 501.98 01 General Fund STRIVE WORKPLACE SOLUTIONS 7 Chairs for PD Records 1,750.00 01 General Fund STRIVE WORKPLACE SOLUTIONS Business Card Stock for CHITS 195.60 01 General Fund STRIVE WORKPLACE SOLUTIONS Hand Sanitzer for PD 66.00 01 General Fund SYRINGA NETWORKS, LLC 20-0040 Dark Fiber(4 strands)SEPT 2020 1,150.00 01 General Fund SYRINGA NETWORKS, LLC Internet Bandwidth(1GB),Internet BNDWTH(100MB) 1,595.00 Sept202O 01 General Fund TANAGER TREE SERVICE tree pruning maintenance at Storey,Water Tower,Jabil 3,040.00 Field 01 General Fund TENZINGA Tenzinga Performance Management Annual License Fee 480.00 01 General Fund THE ANGRY EASEL PAINT PARTIES LLC Payment and Reim.for Art Week Classes and Supplies 300.00 01 General Fund THE UPS STORE#2586 Postage to Return Helmet 15.73 01 General Fund THE UPS STORE#2586 Postage to Send Evidence to Lab 52.45 01 General Fund TREASURE VALLEY CHILDREN'S Payment for Art Week Class Sept 2020 50.00 THEATER 01 General Fund TREASURE VALLEY STEEL,INC. non-vented foam strips for Bear Creek Park metal roof 28.00 x 20 01 General Fund TROPHY HOUSE PROS Plaque for Cpl. Lindley 30.95 01 General Fund ULTRA TOUCH CAR WASH car wash for Ford Escape-license C21309 13.56 01 General Fund ULTRA TOUCH CAR WASH Park Ambassador vehicle wash 13.56 01 General Fund UNIFORMS 2 GEAR Gloves for Honor Guard 7 pr. 56.08 Page 536 Date:9/29/20 01:12:56 PM Page:5 Item#39. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund WIENHOFF DRUG TESTING Parent Prevention Packets for WASD&Comm Events 112.50 Total 01 General Fund 157,242.53 07 Impact Fund CSHQA 20-0163 Design Services for Scenario Village thru 35,000.00 8-31-20 Total 07 Impact Fund 35,000.00 60 Enterprise ADA COUNTY HIGHWAY DISTRICT 20-0312 ACHD-10Mi-Ustick-McMillian W/S Svc to 33,924.98 Fund 6/30/2020 60 Enterprise ASSETS&INVESTMENTS MANAGEMENT Refund WT/S/T: 841 N Traquair PI Overpayment from 24.91 Fund Asses&in 60 Enterprise BILLING DOCUMENT SPECIALISTS 20-0004 FY20 Mailing Regarding Soto Reinstatement 505.05 Fund 60 Enterprise BILTMORE COMPANY REFUND Sur-2018-0062 Warranty Deposit Whistle Stop 12,468.20 Fund Sub.Org 60 Enterprise BOE-Boise Office Equipment CN28256-01 Maint. Fee Charged per Copy 8/10-9/9/20 24.80 Fund 60 Enterprise BROWN&CALDWELL 20-0282 WRRF Digester 6 Design Svcs to 7/23/20 88,350.68 Fund 60 Enterprise BROWN&CALDWELL 20-0357 WRRF Fermenter Evaluation Svcs to 8/20/202C 1,860.00 Fund 60 Enterprise C. H. SPENCER Membrane Filter for Free CL2,ATI Analyzer Solution, 311.50 Fund Qty 5 60 Enterprise CAREER UNIFORMS Caps&beanies for WW staff(20 qty) 159.00 Fund 60 Enterprise CAREER UNIFORMS City Logos on Uniforms,J. Chandler,Qty 7 55.65 Fund 60 Enterprise CAREER UNIFORMS Hats,J. Chandler,Qty 2 37.90 Fund 60 Enterprise CARRIER CORP Shipping cost for burner on inv#90045025 151.58 Fund 60 Enterprise CDW GOVERNMENT Panorama Mini GPS Magnetic Antenna 34.87 Fund 60 Enterprise CH2M HILL ENGINEERS, INC 19-0101 WRRF Process Control Software Services to 12,411.31 Fund 8/21/20 60 Enterprise CIVIL SURVEY CONSULTANTS 20-0257 ACHD-10 Mi-Ustick-McMillian W/S Imp Svc to 1,335.00 Fund 7/31/20 Page 537 Date:9/29/20 01:12:56 PM Page:6 Item#39. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise CRESTLINE SPECIALTIES CO.,INC. Mini hand sanitizers, bags, mini journals, pens&tent 2,346.28 Fund (1,65 60 Enterprise D&B SUPPLY Boot Srcusher, Leather Press Oil,Qty 2 46.98 Fund 60 Enterprise D&B SUPPLY Materials for Blow Off Repairs,Qty 16 69.04 Fund 60 Enterprise D&B SUPPLY PVC Pipe,Coup, PVC Tee for Corporate Repair,Qty 5.17 Fund 3,WO#310699 60 Enterprise D&B SUPPLY Spray Paint,Qty 4 24.76 Fund 60 Enterprise D&B SUPPLY Weed Spray for Well Sites,Qty 1 22.99 Fund 60 Enterprise DC ENGINEERING No PO WRRF Headwrks Gas Alarm Svc 8/15/2020 1,440.00 Fund 60 Enterprise ENVIRONMENTAL EXPRESS,INC. Syringe filters(6 pks) 1,275.43 Fund 60 Enterprise EUROFINS EATON ANALYTICAL LLC PO#20-0007,Compliance Samplign @ Well 10B, 609.00 Fund WO#288375 60 Enterprise EUROFINS EATON ANALYTICAL LLC PO#20-0007,Compliance Sampling @ Well 609.00 Fund 12,WO#288373 60 Enterprise EUROFINS EATON ANALYTICAL LLC PO#20-0007,Compliance Sampling @ Well 21, 569.00 Fund WO#288383 60 Enterprise EUROFINS EATON ANALYTICAL LLC PO#20-0007,Compliance Sampling @ Well 27, 609.00 Fund WO#288382 60 Enterprise EUROFINS EATON ANALYTICAL LLC PO#20-0007,Compliance Sampling @ Well 9, 609.00 Fund WO#288378 60 Enterprise EUROFINS EATON ANALYTICAL LLC PO#20-0019,OCCT Pilot Study @ Well 19 1,142.00 Fund 60 Enterprise EUROFINS EATON ANALYTICAL LLC PO#20-0019,OCCT Pliot Study @ Well 19 120.00 Fund 60 Enterprise EUROFINS EATON ANALYTICAL LLC PO#20-0019,Special Sampling @ Well 10B, 1,173.00 Fund WO#271138 60 Enterprise FASTENAL COMPANY Brass Hex Cap Bolts,Qty 41 370.23 Fund 60 Enterprise FASTENAL COMPANY Caution tape(1 qty) 26.80 Fund 60 Enterprise FERGUSON ENTERPRISES INC. 6in Sigma Bell Restraint,Qty 1,WO#298309 53.98 Fund 60 Enterprise FERGUSON ENTERPRISES INC. Meter Box White Int,Qty 1,WO#309751 205.20 Fund Page 538 Date:9/29/20 01:12:56 PM Page:7 Item#39. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise FERGUSON ENTERPRISES INC. Meter Coup,Brs Bush,Ni,Swvl Adpt,Dbl Hex Nip,Qty 40 1,361.19 Fund 60 Enterprise GRAINGER Chemical spill kit drum(1 qty)&portable generator(1 1,345.34 Fund qty) 60 Enterprise GRAINGER Intake filter housing&filter for screw sucker pump(2 159.80 Fund qty) 60 Enterprise GRAINGER Pipe thread sealant&thread sealant tape(13 qty) 86.01 Fund 60 Enterprise GRAINGER Pipe thread sealant&thread sealant tape(2 qty) 14.74 Fund 60 Enterprise H.D. FOWLER COMPANY 12in Resilient Wedge Gate Valve,Qty 1 1,900.26 Fund 60 Enterprise H.D. FOWLER COMPANY tin Brass Gate Valve,Qty 10 350.60 Fund 60 Enterprise HACH COMPANY ATI Analyzer Sol, Manganese Reagent 1,206.29 Fund Set,Free/Total,PH Chemky 60 Enterprise HACH COMPANY COD vials(2 pkgs) 150.57 Fund 60 Enterprise HACH COMPANY Salt Bridge,Qty 5 418.80 Fund 60 Enterprise HARRINGTON INDUSTRIAL PLASTICS Clear Fluoropolymer Tubing,Qty 100 564.77 Fund 60 Enterprise HAZEL ASPHALT, LLC Asphalt Patch @ 1560 E Jewel St,WO#308910 750.00 Fund 60 Enterprise HOME DEPOT CREDIT SERVICES Paint brush, pail, liner, roller,&roller w/frame(7 qty) 32.01 Fund 60 Enterprise IDAHO CORRECTIONAL INDUSTRIES Business cards for TZarmez(500 qty) 46.25 Fund 60 Enterprise INTEGRITY INSPECTION SOLUTIONS Labor for 3835 Firenze Wy service repair 2,525.00 Fund 60 Enterprise INTERSTATE ALL BATTERY CENTER AAA batteries(1 pk) 8.34 Fund 60 Enterprise JUB ENGINEERS 20-0176 W/S Main State-Meridian-Cathy Svc to 5,611.10 Fund 7/31/2020 60 Enterprise JWC ENVIRONMENTAL INC No PO WRRF Headworks Control Grit Equip Paint 356.58 Fund 09/10/2020 60 Enterprise KELLER ASSOCIATES,INC. 20-0053 Well 18 Water Trmt Svc to 8/31/20 3,608.75 Fund 60 Enterprise KELLER ASSOCIATES,INC. 20-0292 QLPE Rev Svcs,Apex Sewer Truck,8/1-/31,4 1,160.00 Fund pgs Page 539 Date:9/29/20 01:12:56 PM Page:8 Item#39. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise KELLER ASSOCIATES,INC. 20-0292 QLPE Rev Svcs, Firenze Plaza Sub,8/1-/31,9 2,610.00 Fund pgs 60 Enterprise KELLER ASSOCIATES,INC. 20-0292 QLPE Rev Svcs,Oaks North Sub,8/1-/31,4 1,160.00 Fund pgs 60 Enterprise KELLER ASSOCIATES,INC. 20-0292 QLPE Rev Svcs,Sky Mesa Sub,8/1-/31,3 pgs 870.00 Fund 60 Enterprise KELLER ASSOCIATES,INC. 20-0292 QLPE Rev Svcs,Timberline Sub,8/1-/31,6 pgs 1,740.00 Fund 60 Enterprise KELLER ASSOCIATES,INC. 20-0292 QLPE Rev Svcs,Whitecliffe Estates,8/1-/31,2 580.00 Fund pgs 60 Enterprise McCALL INDUSTRIAL Ball valve&bushing (10 qty) 309.58 Fund 60 Enterprise McCALL INDUSTRIAL Bushing,elbow,&coupling(12 qty) 55.58 Fund 60 Enterprise McCALL INDUSTRIAL Nipple, union,valve,&plug (26 qty) 177.26 Fund 60 Enterprise McCALL INDUSTRIAL Nipple,valve,&bell reducer(27 qty) 204.20 Fund 60 Enterprise MCMASTER-CARR SUPPLY COMPANY Link belt for screw sucker pump(20 ft) 248.30 Fund 60 Enterprise MCMASTER-CARR SUPPLY COMPANY O-rings for screw sucker pump repair(1 pk) 13.95 Fund 60 Enterprise MCMASTER-CARR SUPPLY COMPANY Pipe/fittings for building spraybar system (24 qty) 1,178.27 Fund 60 Enterprise METROQUIP, INC. Nozzles for hydrocleaners(2 qty) 6,466.00 Fund 60 Enterprise MINUTEMAN LOCK&SECURITY Install Electric Strike&Exit Device Pushbar on Shop 1,308.00 Fund Door 60 Enterprise MINUTEMAN LOCK&SECURITY Locking door lock&keys for Instrument Tech office(8 189.45 Fund qty) 60 Enterprise MSC INDUSTRIAL SUPPLY CO. 9 1/2 long nitrile gloves (10 bxs)&high strength loctltE 209.30 Fund 60 Enterprise MSC INDUSTRIAL SUPPLY CO. Bolt for stock(1 qty) 14.86 Fund 60 Enterprise MSC INDUSTRIAL SUPPLY CO. Circular pump for Maintenance shop(1 qty) 361.24 Fund 60 Enterprise MSC INDUSTRIAL SUPPLY CO. Cut off blade for lathe in shop(1 qty) 67.90 Fund 60 Enterprise MSC INDUSTRIAL SUPPLY CO. Replacement pressure switch to repair boiler 67.10 Fund compressor Page 540 Date:9/29/20 01:12:56 PM Page:9 Item#39. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise MSC INDUSTRIAL SUPPLY CO. Replacement sockets for shop tools(2 qty) 19.80 Fund 60 Enterprise MURRAYSMITH INC 20-0125 W/S Main Ext Pine-Meridian-3rd Svc 8/31/20 539.00 Fund 60 Enterprise MYFLEETCENTER.COM Oil change on Maintenance truck C9868 47.18 Fund 60 Enterprise NAPA AUTO PARTS Anti freeze for Impala C13669(1 qty)&break cleaner 35.87 Fund (12 qt 60 Enterprise NAPA AUTO PARTS Rain-x windshield washer fluid- D.Heaton PIP05, 4.31 Fund C18640 60 Enterprise OFFICE DEPOT,INC. 1 box purple pens-M.Hoyt,wireless mouse-K. Keith 56.48 Fund 60 Enterprise OFFICE DEPOT,INC. 11X17 case of paper that was missing from original 32.41 Fund order 60 Enterprise OFFICE DEPOT, INC. 3 Miraclebind notesbooks for S. Deardorff and C. 23.80 Fund Ochner 60 Enterprise OFFICE DEPOT,INC. 3x3 sticky notes,ca rdstock,d uster rags,3mil 53.60 Fund laminate,notebks 60 Enterprise OFFICE DEPOT, INC. Angle tabs for C. Ochner to prep next year's Eng desk 9.58 Fund files 60 Enterprise OFFICE DEPOT,INC. Annual bulk order of office supplies for PW Department 993.93 Fund 60 Enterprise OFFICE DEPOT, INC. Credit memo for 11x17 case of missing paper (32.41) Fund 60 Enterprise OFFICE DEPOT,INC. Logitech keyboard and mouse for C.Ochner's 38.07 Fund desk-ergonomic 60 Enterprise OXARC,INC. PO#20-0375,Sodium Hypochlorite,Well 6,805.00 Fund 28,20,19,27,16,11,22 60 Enterprise PACIFIC BACKFLOW LLC Labor&parts to repair backflow device(2 hrs) 1,044.34 Fund 60 Enterprise PACIFIC STEEL&RECYCLING SS pipe for sprayers in collection channel (2 qty) 404.19 Fund 60 Enterprise PACIFIC STEEL&RECYCLING SS plate for guide rail project in Headworks(2 qty) 366.44 Fund 60 Enterprise POSTNET Backflow Sept 1st Past Due Letters,Qty 337, Batch 96.30 Fund 1055 60 Enterprise SIGNS, ETC Vehicle Reflective Sticker,Vehicle Makes Frequent Stops 103.36 Fund 60 Enterprise SNAP PROMOTIONS Canvas lunch bags for staff at PW picnic on 9/23/20 1,112.71 Fund E.Bowers Page 541 Date:9/29/20 01:12:56 PM Page:10 Item#39. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise SPECIALTY CONSTRUCTION SUPPLY 12in Signal Wand,Telspar 10' 14-Gauge,Post 127.16 Fund Anchor,Qty 4 60 Enterprise T-ZERS SHIRT SHOP,INC 1 Micropique Polo 37.25 Fund 60 Enterprise USA BLUEBOOK Leader hose(1 qty) 179.95 Fund 60 Enterprise USA BLUEBOOK Marking Paint, Red,Qty 38 372.98 Fund 60 Enterprise USA BLUEBOOK Refund for double billing on leader hose(1 qty) (179.95) Fund Total 60 Enterprise 214,761.03 Fund Report Total 407,003.56 Page 542 Date:9/29/20 01:12:56 PM Page:11 Item#40. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: AP Invoices for Payment- 10-07-20 - $196,694.07 - Special Page 543 Item#40. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund AT&T MOBILITY LLC ATT First Net invoice 08/21 -9/20/20 700.61 01 General Fund BRONCO MOTORS NISSAN LLC 21-0034 New Fleet Vehicle for CID Unit# 24 V#702949 25,644.50 01 General Fund IDAHO POWER 2200136188, Parks Power September 2020 13,300.98 01 General Fund IDAHO POWER Idaho Power Street Lights 2203586629 Sept 2020 32,265.61 01 General Fund JENNA FLETCHER#7261 Per Diem:].Fletcher,IRPA Conf,Post 274.50 Fa I I s,I D 10/12-20-10/16/20 01 General Fund LEVEL 3 COMMUNICATIONS, LLC. Level 3 Communications Telephone,8/17-9/16/20 1,002.06 268238 01 General Fund M2M WIRELESS Parks Modem Service 8/17-9/16/20 Qty 19 256.89 01 General Fund UNION PACIFIC RAILROAD CO 21-0040 FY21 Lease of South Parking Lot 10/01/20- 1,920.08 10/31/20 01 General Fund VERIZON FINANCIAL SERVICES, LLC. 965467287-00001 Data Plan #1 08/21 -09/20/20 1,418.43 BELLEVUE 01 General Fund VERIZON FINANCIAL SERVICES, LLC. 965467287-00002 Cellphones-8/21 -9/20/20 8,519.88 BELLEVUE 01 General Fund VERIZON FINANCIAL SERVICES, LLC. 965467287-00003 Data Plan #2-8/21-9/20/20 27.03 BELLEVUE 01 General Fund VERIZON FINANCIAL SERVICES, LLC. 965467287-00005 Data Plan #3 08/21 -09/20/20 (6.45) BELLEVUE Total 01 General Fund 85,324.12 60 Enterprise AT&T MOBILITY LLC ATT First Net invoice 08/21 -9/20/20 80.08 Fund 60 Enterprise IDAHO POWER 2202131047,WWTP Power-September 2020 58,704.42 Fund 60 Enterprise IDAHO POWER 2204228288,Water Power September 2020 47,278.47 Fund 60 Enterprise VERIZON FINANCIAL SERVICES, LLC. 965467287-00001 Data Plan #1 08/21 -09/20/20 1,045.12 Fund BELLEVUE 60 Enterprise VERIZON FINANCIAL SERVICES, LLC. 965467287-00002 Cellphones-8/21 -9/20/20 3,148.87 Fund BELLEVUE 60 Enterprise VERIZON FINANCIAL SERVICES, LLC. 965467287-00003 Data Plan #2-8/21-9/20/20 72.39 Fund BELLEVUE 60 Enterprise VERIZON FINANCIAL SERVICES, LLC. 965467287-00005 Data Plan #3 08/21 -09/20/20 1,040.60 Fund BELLEVUE Total 60 Enterprise 111,369.95 Fund Page 544 Date:10/7/20 02:51:13 PM Page:1 Item#40. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount Report Total 196,694.07 Page 545 Date:10/7/20 02:51:13 PM Page:2 Item#41. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: AP Invoices for Payment- 10-14-20 - $1,321,427.58 Page 546 Item#41. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund 45TH PARALLEL ELECTRIC Refund Perf Surety Dep Linder Professional Plaza 13,640.00 01 General Fund ACE AUTO BODY Repair Passenger Side Door Unit# 163 1,064.63 01 General Fund ADA COUNTY HIGHWAY DISTRICT ACHD Impact Fees for September 2020 802,240.00 01 General Fund ADA COUNTY PARAMEDICS 220/ACLS&PALS onine course,A.Howell,class on 264.00 9-22-20 01 General Fund ADA COUNTY PARAMEDICS 220/ACLS Online course, Butterfield,class on 9-9-20 132.00 01 General Fund ADA COUNTY SHERIFF'S OFFICE FY21 Ada Co Emergency Management 1st quarter 4,923.25 contributions 01 General Fund BERLE STOKES#3074 PerDiem:B.Stokes 396.50 FBIColl,W.Yel lowstone,MT10/18/20-10/24/20 01 General Fund BERRY ELECTRICAL SERVICES,INC. 20-0012 Streetlight Repair Pole#40273C 94.00 01 General Fund BERRY ELECTRICAL SERVICES, INC. 20-0012 Streetlight Repair Pole#40501C 94.00 01 General Fund BERRY ELECTRICAL SERVICES,INC. 20-0012 Streetlight Repair Pole#40831C 94.00 01 General Fund BERRY ELECTRICAL SERVICES,INC. 20-0012 Streetlight Repair Pole#41203C 94.00 01 General Fund BERRY ELECTRICAL SERVICES, INC. 20-0012 Streetlight Repair Pole#51661C 196.00 01 General Fund BERRY ELECTRICAL SERVICES, INC. 20-0012 Streetlight Repair Pole#51663C 94.00 01 General Fund BERRY ELECTRICAL SERVICES,INC. 20-0012 Streetlight Repair Pole#51735C 196.00 01 General Fund BERRY ELECTRICAL SERVICES,INC. 20-0012 Streetlight Repair Pole#52230C 94.00 01 General Fund BERRY ELECTRICAL SERVICES, INC. 20-0012 Streetlight Repair Pole#52912C+ 5 more 105.00 01 General Fund BERRY ELECTRICAL SERVICES,INC. 20-0012 Streetlight Repair Pole#29041B 94.00 01 General Fund BERRY ELECTRICAL SERVICES,INC. 20-0012 Streetlight Repair Pole#30555C 94.00 01 General Fund BERRY ELECTRICAL SERVICES, INC. 20-0012 Streetlight Repair Pole#41204C 94.00 01 General Fund BERRY ELECTRICAL SERVICES, INC. 20-0012 Streetlight Repair Pole#54387C 40.00 01 General Fund BOISE FITNESS EQUIPMENT Preventative Maintenace of all fitness equipment 45.00 08/31/20 01 General Fund BOISE FITNESS EQUIPMENT Rowing Machines for Academy Testing 1,890.00 01 General Fund BOISE SOFTBALL UMPIRES ASSOC. 20-0231 softball umpires 9/14-9/18/20-qty 22 games 1,091.42 01 General Fund BONNEVILLE BLUE PRINT SUPPLY printing for Fairview Avenue Connection plan set for 12.54 BriCon 01 General Fund BRADY INDUSTRIES, LLC. 220/Toilet bowl cleaner, Dishsoap-Sta. #3 49.81 01 General Fund BREAKTHROUGH CLEAN Firearms Cleaning Supplies 809.43 TECHNOLOGIES 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Alignment for Unit# 166 69.95 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for unit# 116 70.52 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit# 61 54.99 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change,Cabin Air Filter for Unit#33 94.94 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Radiator/Thermostat,Oil Change, Front Brakes,Wipers 1,305.06 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Rear Brakes for Unit# 131 381.15 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Rear Shocks, Front Brakes and LOF for Unit# 142 869.23 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Wheel and Wheel Cover for Unit# 166 368.79 Page 547 Date:10/6/20 01:39:44 PM Page:1 Item#41. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund CAMPBELL TRACTOR INC. #1 John Deere Gator repair 310.38 01 General Fund CANDLEWOOD SUITES Victim Services 94.75 01 General Fund CITY OF BOISE ATTORNEYS OFFICE 21-0035 Prosecution services for Oct 2020 47,717.45 01 General Fund CITY OF MERIDIAN PETTY CASH Reimburse Cash for U/C Ops Req,Cash Audit 731.06 06/25/20-09/30/20 01 General Fund COMMERCIAL TIRE 220/MFO14 Tires(4) 1,731.96 01 General Fund COMMERCIAL TIRE 220/MF041 Mount tires(6) 87.00 01 General Fund COPE COLLISION CENTER truck#12 repairs-license C21879; PD case#20-4612 1,660.66 01 General Fund CURTIS CLEAN SWEEP INC sweep&detail Settlers Park parking lot 360.00 01 General Fund D&B SUPPLY volleyball clips&lynch pins for mower-qty 11 39.86 01 General Fund DELL MARKETING L.P. Acrobat Pro DC for Teams Subscriptions 187.06 8/25/20-8/24/21 01 General Fund ELECTRICAL WHOLESALE SUPPLY CO cord grips-qty 2 26.81 01 General Fund EMERGENCY RESPONDERS HEALTH 2O-0028 220/4 Prev Health exams&1 fit for duty 3,485.00 CENTER exam 01 General Fund ERS, EMERGENCY RESPONDER Siren Speaker for Unit#60 238.80 SERVICES, INC. 01 General Fund FACKRELL MASONRY AND FY20 NO PO: CMU repair less credit for lawn repair 8,650.00 CONSTRUCTION FINAL 01 General Fund FLAGPOLE FARM Replacement State and US Flags for PD 68.00 01 General Fund FUN EXPRESS summer camp supplies-qty 12 98.37 01 General Fund GARAGE SLICK Vehicle#17 window tinting VIN#248127 65.00 01 General Fund GRAINGER 220/ Railroad Chalk Qty. 144 54.53 01 General Fund GRAINGER 220/DEF, Diesel Exhaust Fluid,St.4 435.38 01 General Fund GRAINGER Pump coupler 63.79 01 General Fund HANSON JANITORIAL 20-0250 Purell hand sanitizer-qty 3 181.32 01 General Fund HARBOR FREIGHT TOOLS cleaning parts for G Harris&Renaissance Park 119.98 restrooms x 2 01 General Fund HOME DEPOT CREDIT SERVICES Hardware to Repair Exterior Door PD Admin 5.06 01 General Fund IDAHO HUMANE SOCIETY 21-0042 FY21 Id Humane Society Animal Control Sery 42,658.58 10/20 01 General Fund IDAHO POWER Fire Department Power- Sept 2020 3,512.15 01 General Fund IDAHO PRESS-TRIBUNE Public Hearing Notice- Modern Craftsmen, Pearson 121.63 Sub. 01 General Fund IDAHO PRESS-TRIBUNE Public Hearing Notice Planning and Zoning, Landing 117.97 South,S 01 General Fund INDEPENDENCE INDOOR SHOOTING Shooting Range Membership for PD Aug 2020 5,160.00 01 General Fund INTERSTATE ALL BATTERY CENTER Batteries for Alarm Panel 38.80 01 General Fund JEFFREY BROWN PerDiem:J.Brown,FBI ComColl,W.Yellowstone,MT 396.50 10/18/20-10/24/ Page 548 Date:10/6/20 01:39:44 PM Page:2 Item#41. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund JENNA FLETCHER#7261 Per Diem:].Fletcher,IRPA Conf,Post 274.50 Fa I I s,I D 10/12-20-10/16/20 01 General Fund JENSEN BELTS ASSOC 20-0154 pay#6 Heroes Park parking lot thru 9/16/20 2,367.40 01 General Fund JENSEN BELTS ASSOC 20-0286 professional services S Slough Path thru 3,216.75 9/16/20 01 General Fund JOHNSON CONTROLS FIRE 20-0054 Fire alarm monitoring for CH, Black Rock,and 159.59 PROTECTION LP MPD 01 General Fund JOHNSON CONTROLS FIRE Credit memo toward invoice#21793947 (31.25) PROTECTION LP 01 General Fund JORDAN MARDIS instructor fee- Disc Golf for Kids 9/9-9/16/20-qty 8 185.60 01 General Fund KENDALL SUPERSTORE Oil Change for Unit# 104 86.46 01 General Fund L.N. CURTIS AND SONS 220/Extrication tool,cutter, received on 9-29-20 5,653.96 01 General Fund LARSON-MILLER,INC 220/medical waste disposal,St. 2 on 8-4-20 48.16 01 General Fund LARSON-MILLER,INC 220/medical waste disposal,St. 3 48.16 01 General Fund LIFEMED SAFETY, INC 220/2 AEDs for reserve engines, E37&E38 4,075.60 01 General Fund MADDYN HOMES LLC Refund:Landscaping Deposit Maddy Village Subdivision 95,498.15 01 General Fund MARIA EVELYN ROM West Ada School District Art Show Award for high 50.00 school 3D A 01 General Fund NAPA AUTO PARTS 220/Shop Supplies,Sta. 6 45.36 01 General Fund OFFICE DEPOT,INC. 220/Binders, pens 32.38 01 General Fund OFFICE DEPOT,INC. 220/Tape, markers,pens,binder,doccover,envel, 174.05 highlight 01 General Fund OFFICE DEPOT, INC. Copy Paper for Mayors Office 61.23 01 General Fund OFFICE DEPOT,INC. Dry Erase Stand for PSTC 108.99 01 General Fund PARMA POST&POLE INC Grounds Main. Fencing Materials Gordon Harris Park 47.70 01 General Fund PAUL'S MERIDIAN STINKER Emmision Test City Hall Pool Car, Blue Fusion, Lic# 20.00 C18641 01 General Fund PITNEY BOWES CH Mail Machine Supplies, Red Ink(3),Adhesive Tape 1,053.94 (2), EZ 01 General Fund PLATT ELECTRIC SUPPLY junction box for cell routers at all parks-qty 1 42.76 01 General Fund RICOH USA,INC C86276344 RICOH image charges for HR copier 177.60 Sept202O 01 General Fund RICOH USA,INC Contract SNC86243698 Copier Expenses 9/2020 64.41 01 General Fund RYAN MASON #10334 Educ Reimb:R.Mason,CWI Spring 01/13/20-05/09/20 249.00 01 General Fund SAFE RESTRAINTS INC Wrap Restraints for Training and Patrol 4,063.41 01 General Fund SIERRA TRAINING AND CONSULTING Rifle Slings Qty. 3 146.32 LLC 01 General Fund SIGNS, ETC fire sign for Homecourt mechanical room back door x 1 34.60 01 General Fund SIGTRONICS CORPORATION 220/Communication Intercom 4 way, repair,done 622.16 9-8-20 Page 549 Date:10/6/20 01:39:44 PM Page:3 Item#41. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund SPECIALTY CONSTRUCTION SUPPLY traffic control for Pine Avenue tree trimming 878.55 01 General Fund STRIVE WORKPLACE SOLUTIONS Credit for Badge Holders Returned (428.89) 01 General Fund STRIVE WORKPLACE SOLUTIONS Plates, Envelopes, Note Pads, Laminating Cartridge& 489.40 Markers 01 General Fund T-ZERS SHIRT SHOP, INC 20-0070 220/Polos for Admnistration 357.00 01 General Fund T-ZERS SHIRT SHOP,INC 20-0070 220/Tshirts,beanies,shorts, pants, hats 3,174.70 01 General Fund TROPHY HOUSE PROS gold plate for C Steele recognition plaque-qty 1 19.20 01 General Fund UNIFORMS 2 GEAR 20-0362 Armor Vests to Replace Expiring Ballistics 22,566.18 01 General Fund UNIFORMS 2 GEAR Armor for K9 1,842.50 01 General Fund UNIFORMS 2 GEAR Body Armor and Carriers 6,709.43 01 General Fund UNIFORMS 2 GEAR Helmets w/Shields,Crowd Team 8,754.40 01 General Fund UNIFORMS 2 GEAR Pouches for Protective Vest 221.00 01 General Fund UNIFORMS 2 GEAR Uniform Equipment Pistol Taco U-Mount 113.76 01 General Fund UNIFORMS 2 GEAR Uniform Equipment Taco U-Mount 236.56 01 General Fund UNIFORMS 2 GEAR Uniform Equipment Tacu U-Mount/Pouch 388.00 01 General Fund UNIFORMS 2 GEAR Uniform to Test for Innovation Committee 35.00 01 General Fund USSSOA 20-0048 Flag Football officials 9/14-9/18/20-qty 4 350.54 01 General Fund USSSOA 20-0048 volleyball officials for games 9/14-9/18/20- 1,071.36 qty 47 01 General Fund VIA PARTNERSHIP pay#3 public art workshop survey,work session& 4,450.00 report 01 General Fund VICTORY GREENS 3/4 rock for Reta Huskey Park filter project-qty 2 52.89 01 General Fund VICTORY GREENS 3/4 rock for Reta Huskey Park filter project-qty 44 99.80 01 General Fund VICTORY GREENS drain rock for Hillsdale Park-qty 3 yds 74.85 01 General Fund VICTORY GREENS pea gravel for Hillsdale Park drains-qty 3 yds 80.85 01 General Fund VICTORY GREENS sales tax reversal reference invoice 542349 (2.99) 01 General Fund VICTORY GREENS sod&topsoil for Hillsdale Park drain project 96.10 01 General Fund VICTORY GREENS topsoil for Discovery Park-qty 2 yds 43.90 01 General Fund WESTERN STATES EQUIPMENT CO PM1 and Load Bank on City Hall Generator 1,106.00 01 General Fund WESTMARK EXPENSE ACCOUNT Refund: Trunk of Treat Event Rec. Can. Due to Covid 200.00 01 General Fund WEX BANK INC #0496-00-332449-8,9/30/2020_WEX_Bank 26,441.50 01 General Fund WIDE EYE PRODUCTIONS 220/Recruitment video, MFD Intro video prduction 8,940.00 Total 01 General Fund 1,156,512.64 07 Impact Fund KB FABRICATION&WELDING INC. 220/Fabrication of 2 brackets,St. 6 150.00 Total 07 Impact Fund 150.00 Page 550 Date:10/6/20 01:39:44 PM Page:4 Item#41. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 20 Grant Fund CITY OF BOISE, HOUSING& FY20 10256 Analysis of Impediments Phase 2 Fair 7,020.00 governmental COMMUNITY DEVELOPMENT Housing 20 Grant Fund RESOURCE CONSULTANTS 20-0330 CDBG Contracted Services Technical 3,750.00 governmental Homebuyer Asst Total 20 Grant Fund 10,770.00 governmental 60 Enterprise ADA COUNTY HIGHWAY DISTRICT 20-0224 ACHD-Linder-Franklin W/S Imprvmt Svc to 15,529.10 Fund 8/25/2020 60 Enterprise ADA COUNTY SHERIFF'S OFFICE FY21 Ada Co Emergency Management 1st quarter 4,923.25 Fund contributions 60 Enterprise AUMA ACTUATORS INC Actuator&coupler to replace actuator in Reuse bldg(2 2,525.63 Fund qty) 60 Enterprise BERKELEY BUILDING CO. Refund:Warranty Surety 2018 0098 Pond Subdivison 19,279.40 Fund 60 Enterprise BOE-Boise Office Equipment 2TX070119 b/w(340 qty)&color(191 qty)images 13.09 Fund 60 Enterprise BOISE RIGGING SUPPLY Slings to replace slings per safety inspection (12 qty) 343.38 Fund 60 Enterprise BOSWELL ASPHALT PAVING Asphalt crack fill&re-stripe 2,597.60 Fund SOLUTIONS INC 60 Enterprise BROWN&CALDWELL 20-0360 WRRF Cap. Exp. Services to 8/20/2020 31,253.50 Fund 60 Enterprise CHEMSCAN INC Injector pump, manifold valve, reagent injector tube, 1,527.00 Fund (5 qty 60 Enterprise COLE INDUSTRIAL,INC. Boiler gasket repair kit for stock(2 qty) 803.88 Fund 60 Enterprise D&B SUPPLY Safety boots for NHowell 134.99 Fund 60 Enterprise D&B SUPPLY T-post to mark reuse valves(21 qty) 174.97 Fund 60 Enterprise DELL MARKETING L.P. Acrobat Pro DC for Teams Subscriptions 187.06 Fund 8/25/20-8/24/21 60 Enterprise DUBOIS CHEMICALS INC 20-0002 Ferric chloride(51,040 Ibs) 8,727.84 Fund 60 Enterprise EDGE ANALYTICAL,INC. IPDES testing(1 test) 97.00 Fund 60 Enterprise EUROFINS EATON ANALYTICAL LLC PO#20-0007,Compliance Sampling @ Well 24, 292.00 Fund WO#288374 Page 551 Date:10/6/20 01:39:44 PM Page:5 Item#41. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise EUROFINS EATON ANALYTICAL LLC PO#20-0007,Compliance Sampling @ Well 578.00 Fund 25,WO#288391 60 Enterprise EUROFINS EATON ANALYTICAL LLC PO#20-0007,Compliance Sampling @ Well 29, 578.00 Fund WO#288372 60 Enterprise EUROFINS EATON ANALYTICAL LLC PO#20-0019,OCCT Pilot Study @ Well 19 400.00 Fund 60 Enterprise FASTENAL COMPANY SS bandit for making up new hoses(1 qty) 58.66 Fund 60 Enterprise FERGUSON ENTERPRISES INC. 3/4in Multi-Purpose Meter Coupling,Qty 15 308.55 Fund 60 Enterprise H.D. FOWLER COMPANY Grip Jnt Cping,Vlv Seat for Waterous Pacer,Qty 7 1,448.11 Fund 60 Enterprise HACH COMPANY Dissolved Iron,Total Alkalinity Chemkeys,Qty 5 279.69 Fund 60 Enterprise HACH COMPANY PO#20-0378,ACDC Cntrlr,Standpipe Install Kit,CL Free 9,108.10 Fund RgntSt 60 Enterprise HACH COMPANY PO#20-0378,Sta nd pipe Install Kit,CL17sc Analyzers, 4,560.00 Fund Qty 2 60 Enterprise HACH COMPANY SL1000 Portable Analyzer, Qty 1 3,415.37 Fund 60 Enterprise IDAHO IRRIGATION PUMPERS ASSOC Idaho Irrigation Pumpers Assoc Memebership Dues, 75.00 Fund 2020 60 Enterprise IDAHO POWER 2205167097 WWTP Power-Liftstations-Sept 2020 4,653.58 Fund 60 Enterprise INTERSTATE ALL BATTERY CENTER Batteries for emergency lights at N&S Black Cat lift 126.15 Fund 60 Enterprise INTERSTATE ALL BATTERY CENTER Replace Battery for Exit Light @ Water Admin,Qty 40.00 Fund 4,WO#311949 60 Enterprise JACK HENRY&ASSOCIATES INC September 2020 Bank Fees 539.93 Fund 60 Enterprise JAG TOOL&EQUIPMENT RENTAL 1/4yard 4 Bag Concrete Hydrant Repair on 106.00 Fund Corporate,WO#298309 60 Enterprise JAMES CLARK#10571 Reimb:J.Clark,Class A Lic Fee/Class ABC Driv Lic Test 340.00 Fund Fee 60 Enterprise JOHNSON CONTROLS FIRE 20-0054 Fire alarm monitoring for CH, Black Rock,and 45.83 Fund PROTECTION LP MPD 60 Enterprise JOHNSON CONTROLS FIRE 20-0054 Fire Alarm Monitoring Well 22 to 9/30 45.83 Fund PROTECTION LP 60 Enterprise JOHNSON CONTROLS FIRE 20-0198 Fire alarm monitoring Blackrock Booster 45.86 Fund PROTECTION LP Treatment Page 552 Date:10/6/20 01:39:44 PM Page:6 Item#41. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise JOHNSON CONTROLS FIRE Alarm monitoring for Sept 2020 274.98 Fund PROTECTION LP 60 Enterprise JOHNSON CONTROLS FIRE Repaired Wet Sprinkler System @ Well 19,WO#311996 540.00 Fund PROTECTION LP 60 Enterprise LAWN CO MAINTENANCE Pruned trees at S Black Cat&Landing lift stations 1,100.00 Fund 60 Enterprise METROQUIP, INC. Labor&parts to repair real seal on debris body tank 1,167.53 Fund (4.79 60 Enterprise MSC INDUSTRIAL SUPPLY CO. 8mm nitrile gloves(10 cs)&hose fitting adapter(2 qty) 198.32 Fund 60 Enterprise MSC INDUSTRIAL SUPPLY CO. Bearing for vacuum pump on screw sucker(1 qty) 7.79 Fund 60 Enterprise MSC INDUSTRIAL SUPPLY CO. Bolts for stock(20 qty) 14.40 Fund 60 Enterprise MSC INDUSTRIAL SUPPLY CO. Bolts for stock(350 qty) 98.89 Fund 60 Enterprise MSC INDUSTRIAL SUPPLY CO. Check valve to repair compressor on boiler 3(3 qty) 44.37 Fund 60 Enterprise MSC INDUSTRIAL SUPPLY CO. Compressor ball check for stock(1 qty) 14.79 Fund 60 Enterprise MSC INDUSTRIAL SUPPLY CO. Copper tube to repair compressor on boiler 3(1 qty) 26.82 Fund 60 Enterprise MSC INDUSTRIAL SUPPLY CO. High capacity HVAC filters(12 qty) 70.68 Fund 60 Enterprise MSC INDUSTRIAL SUPPLY CO. LOTO locks,flap discs,grinding discs,cutting wheel, 1,567.04 Fund (129 60 Enterprise MSC INDUSTRIAL SUPPLY CO. Marking Paint, Black, Red,Qty 36 201.48 Fund 60 Enterprise MSC INDUSTRIAL SUPPLY CO. Nozzle for weir wash pump at secondary clarifier 6(2 65.84 Fund qty) 60 Enterprise MSC INDUSTRIAL SUPPLY CO. Pliers, ratchet,cable cutter,wire stripper,electric tool 912.37 Fund 60 Enterprise MSC INDUSTRIAL SUPPLY CO. Primer for diesel tanks(1 qty) 127.15 Fund 60 Enterprise MSC INDUSTRIAL SUPPLY CO. Replacement water line to repair screens 1 &2 at 211.54 Fund headworks 60 Enterprise MSC INDUSTRIAL SUPPLY CO. Tap A&die sets,wall mount fan,clamp on base bench 1,029.53 Fund vise 60 Enterprise MYFLEETCENTER.COM Oil Change,C19983,WO#308911 63.19 Fund Page 553 Date:10/6/20 01:39:44 PM Page:7 Item#41. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise OFFICE DEPOT, INC. 2021 calendars, binders,copier paper, binder clips, 424.70 Fund pens, 60 Enterprise OFFICE DEPOT,INC. 2021 calendars, DMR folders(19 qty) 256.81 Fund 60 Enterprise OFFICE DEPOT, INC. 3in x 36in storage tubes for record retention in PW dept 35.74 Fund 60 Enterprise OFFICE DEPOT,INC. Pencil sharpeners(12 qty) 15.48 Fund 60 Enterprise OXARC,INC. 450gal Poly Bulk Tank @ Well 29,Qty 1, WO#304632 1,739.00 Fund 60 Enterprise OXARC,INC. PO#20-0342,Sodium Hypochlorite,Well 19,27,22,Qty 3,425.00 Fund 20WO#21857 60 Enterprise OXARC,INC. Sodium Hypochlorite Well 27,19,21,22,Qty 3000gl, 5,115.00 Fund WO#21849 60 Enterprise PLATT ELECTRIC SUPPLY Breaker for Well 19,Qty 1,WO#310752 232.64 Fund 60 Enterprise PRECISION AUTOMATION SYSTEMS 8in Blind Flange,Qty 1 58.05 Fund 60 Enterprise SPECIALTY CONSTRUCTION SUPPLY Traffic cones(5 qty) 105.00 Fund 60 Enterprise SPECIALTY PLASTICS&FAB,INC Cap,coupler,valve,&adapter(19 qty) 127.45 Fund 60 Enterprise STRIVE WORKPLACE SOLUTIONS Coffee for Water Staff,Qty 1 11.99 Fund 60 Enterprise SUPERIOR STRIPING&PLOW Seal Coat&Restripe Front Parking Lot Water Admin 1,475.00 Fund 60 Enterprise T-ZERS SHIRT SHOP,INC Caps for WW staff(20 qty) 266.00 Fund 60 Enterprise USA BLUEBOOK Hydrant Buddy Cordless Hydrant&Gate Valve 4,305.38 Fund Exerciser,Qtyl 60 Enterprise USA BLUEBOOK Returned Marking Paint, Blue,Green, INV#268916 (83.72) Fund 60 Enterprise WESTERN STATES EQUIPMENT CO Semi-annual inspection for GEN#1 -work completed 2,635.29 Fund 9/18/2020 60 Enterprise WESTERN STATES EQUIPMENT CO Semi-annual inspection for GEN#2-work completed 2,327.61 Fund 9/18/2020 60 Enterprise WESTERN STATES EQUIPMENT CO Semi-annual inspection for GEN#3-work completed 1,498.49 Fund 9/18/2020 60 Enterprise WESTERN STATES EQUIPMENT CO Semi-annual inspection for GEN#4-work completed 1,498.49 Fund 9/18/2020 Page 554 Date:10/6/20 01:39:44 PM Page:8 Item#41. City Of Meridian Invoices Selected for Payment-Invoices for Payment- Eunice Fund Code Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise WEX BANK INC #0496-00-332449-8,9/30/2020_WEX_Bank 5,626.48 Fund Total60 Enterprise 153,994.94 Fund Report Total 1,321,427.58 Page 555 Date:10/6/20 01:39:44 PM Page:9 Item#42. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Building Division and Fire Department Report: Adoption of State International Code Adoptions and Amendments, Including Building, Residential, Fire, Electrical, and Mechanical LEI Item#42. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Sam Zahorka, Community Development- Meeting Date: October 13, 2020 Building Services Presenter: Sam Zahorka, Joe Bongiorno Estimated Time: 20 minutes Topic: Building Division and Fire Department Report: Adoption of State International Code Adoptions and Amendments, including Building, Residential, Fire, Electrical, and Mechanical Recommended Council Action: This is informational as a future public hearing(s) will be scheduled to adopt these minimum codes and amendments. Background: The 2020 Legislature approved administrative rules of the Idaho Building Code Board adopting the following International codes for all building authorities in Idaho, to be effective on January 1, 2021: 2018 International Building Code (IBC),with amendments 2018 International Swimming Pool and Spa Code (ISPSC) 2018 International Existing Building Code (IEBC) 2018 Idaho Residential Code (IRC),with amendments 2018 International Energy Conservation Code (IECC),with amendments 2017 Idaho (Uniform) Plumbing Code 2018 Idaho Fire Code (IFC),with amendments 2017 National Electrical Code (NEC) 2018 Mechanical Code (IMC),with amendments 2018 Fuel and Gas Code (IFGC), with amendments Pursuant to Idaho Code, cities are required to adopt the model codes that have been adopted by the Idaho Building Code Board. Idaho Code sections 39-4116(4)(b) and S4-2601(3) establish processes by which cities may adopt local amendments that are more restrictive than these adopted codes, following a public hearing and notice to enumerated stakeholders. The timeline for this process and ultimate adoption of these codes is as follows: October 14, 2020: Building Official mails letter and a copy of the proposed code adoptions and local amendments to Idaho Code section 39-4116(4)(e)/S4-2601(3) stakeholder list Page 557 Item#42. October 16, 2020: Meridian Press publishes notice of November 17, 2020 public hearing November 17, 2020: Public hearing and first reading of ordinance November 24, 2020: Second reading December 1, 2020: Third reading + adoption January 1, 2021: Effective date of City ordinance adopting codes and local amendments The proposed local amendments are summarized as follows. 2018 International Building Code (IBC): • Correlated language with the residential code on personal care, custodial care and childcare • Clarification language to use commercial IBC code for medical care • Deleted previous Lap Splices amendment in masonry chapter (is now in 2018 code) • Less restrictive threshold of when a drinking fountain is required • Correlated language on relocatable modular buildings referencing state statute provisions 2018 International Residential Code (IRC): • Correlated language with the IBC code on personal care, custodial care and child care • More options to address protection of roof eaves close to property lines • Elimination of requirement to protect floors of unfinished basements • Deleted previous townhouse wall options-amendments (are now in 2018 code) • Exceptions from smoke detectors for exterior work or trade permits • Exceptions from carbon monoxide detectors for exterior work or trade permits • Amended flood hazard elevation requirements • Replacement of footing section and Table to former edition of code • Deleted Tiny Homes Appendix amendment (is now in 2018 code available for adoption) 2018 International Energy Conservation Code (IECC): • Amendment, Exception for Air Leakage testing of the thermal envelope in large commercial buildings, allowing portions of building to be tested • Deleted many of the previous residential amendments • Some changes to residential prescriptive insulation and fenestration requirements, and U- Factors • Air leakage rate for homes in Idaho is now to be less than 5 air changes per hour (ACH) vs. 7 ACH under previous code and 3 ACH for the national code • Blower door test required on 20% of homes built by a contractor (this requirement is a reduction and has an implementation schedule of an additional 6 months after January 1, 2021, code adoption for soft implementation for education period for contractors) • Reduction of some requirements for hot water pipe insulation • Lighting requires a minimum of 75% of permanently installed fixtures must have high- efficacy lamps Page 558 ElkIDIAN:--- Building Services I BAH C� Meridian City Hall, Suite 202 33 E. Broadway Avenue Community Development Meridian, Idaho 83642 Department For Immediate Release: Tuesday, October 13th, 2020 MERIDIAN—Beginning Friday,January 15t, 2021, Meridian Community Development Services will be adopting the following code versions. 2018 International Building Code (IBC),with amendments 2018 International Swimming Pool and Spa Code (ISPSC) 2018 International Existing Building Code (IEBC) 2018 Idaho Residential Code (IRC), with amendments 2018 International Energy Conservation Code (IECC), with amendments 2017 Idaho (Uniform) Plumbing Code 2018 Idaho Fire Code (IFC),with amendments 2017 National Electrical Code (NEC) 2018 Mechanical Code (IMC), with amendments 2018 Fuel and Gas Code (IFGC),with amendments Summary-State Code Amendment Changes in the 2018 Codes 2018 International Building Code (IBC)—Adoption with the following amendments: • Correlated language with the residential code on personal care, custodial care and childcare • Clarification language to use commercial IBC code for medical care • Deleted previous Lap Splices amendment in masonry chapter(is now in 2018 code) • Less restrictive threshold of when a drinking fountain is required • Correlated language on relocatable modular buildings referencing state statute provisions 2018 International Residential Code(IRC)—Adoption with the following amendments: • Correlated language with the IBC code on personal care, custodial care and child care • More options to address protection of roof eaves close to property lines • Elimination of requirement to protect floors of unfinished basements • Deleted previous townhouse wall options-amendments (are now in 2018 code) • Exceptions from smoke detectors for exterior work or trade permits • Exceptions from carbon monoxide detectors for exterior work or trade permits • Amended flood hazard elevation requirements • Replacement of footing section and Table to former edition of code • Deleted Tiny Homes Appendix amendment (is now in 2018 code available for adoption) 2018 International Existing Building Code (IEBC)—Adoption with no amendments. 2018 International Energy Conservation Code(IECC)—Adoption with the following amendments: • Amendment, Exception for Air Leakage testing of the thermal envelope in large commercial buildings, allowing portions of building to be tested • Deleted many of the previous residential amendments Ph: 208.887.2211 • www.meridiancity.org • Fax 208.887.1297 Rev:10/2020 ElkIDIAN:--- Building Services I BAH Meridian City Hall, Suite 202 33 E. Broadway Avenue Community Development Meridian, Idaho 83642 Department • Some changes to residential prescriptive insulation and fenestration requirements, and U- Factors • Air leakage rate for homes in Idaho is now to be less than 5 air changes per hour(ACH) vs. 7 ACH under previous code and 3 ACH for the national code • Blower door test required on 20%of homes built by a contractor(this requirement is a reduction and has an implementation schedule of an additional 6 months after January 1, 2021, code adoption for soft implementation for education period for contractors) • Reduction of some requirements for hot water pipe insulation • Lighting requires a minimum of 75% of permanently installed fixtures must have high-efficacy lamps • Energy Rating Index (ERI) (compliance alternative) required score is 68 or less in Climate Zones 5 & 6 (relaxed to a figure more equivalent to the prescriptive method in Idaho) Ph: 208.887.2211 • www.meridiancity.orq • Fax 208.887.1297 Rev:10/2020 Item#42. • Energy Rating Index (ERI) (compliance alternative) required score is 68 or less in Climate Zones 5 & 6 (relaxed to a figure more equivalent to the prescriptive method in Idaho) Page 559 item#42. RAFT • 10/1/2020 CITY OF MERIDIAN ORDINANCE NO. 20- BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERREAULT,STRADER AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 10-1-1, REGARDING ADOPTION OF 2018 INTERNATIONAL BUILDING CODE, 2018 INTERNATIONAL RESIDENTIAL CODE,2018 INTERNATIONAL SWIMMING POOL AND SPA CODE, 2018 INTERNATIONAL ENERGY CONSERVATION CODE, 2018 INTERNATIONAL EXISTING BUILDING CODE, AND RESPECTIVE LOCAL AMENDMENTS;AMENDING MERIDIAN CITY CODE SECTION 10-1-2,REGARDING AMENDMENTS TO INTERNATIONAL BUILDING CODE; AMENDING MERIDIAN CITY CODE SECTION 10-1-3, REGARDING AMENDMENTS TO INTERNATIONAL RESIDENTIAL CODE; REPEALING AND REPLACING MERIDIAN CITY CODE SECTION 10-1-4, REGARDING AMENDMENTS TO INTERNATIONAL ENERGY CONSERVATION CODE; AMENDING MERIDIAN CITY CODE SECTION 10-2-3(B), REGARDING PLUMBING PERMIT AND INSPECTION FEES; AMENDING MERIDIAN CITY CODE SECTION 10-3-3(E), REGARDING ELECTRICAL PERMIT AND INSPECTION FEES; REPEALING AND REPLACING TITLE 10, CHAPTER 4, MERIDIAN CITY CODE, REGARDING ADOPTION OF THE 2018 INTERNATIONAL FIRE CODE AND LOCAL AMENDMENTS THERETO; AMENDING MERIDIAN CITY CODE SECTION 10-5-1, REGARDING ADOPTION OF 2018 INTERNATIONAL MECHANICAL CODE, 2018 INTERNATIONAL FUEL GAS CODE, 2018 INTERNATIONAL RESIDENTIAL CODE PARTS V AND VI, AND RESPECTIVE LOCAL AMENDMENTS; AMENDING MERIDIAN CITY CODE SECTION 10-5-2, REGARDING AMENDMENTS TO 2018 INTERNATIONAL MECHANICAL CODE; AMENDING MERIDIAN CITY CODE SECTION 10-5-3,REGARDING AMENDMENTS TO THE INTERNATIONAL FUEL GAS CODE; AMENDING MERIDIAN CITY CODE SECTION 10-5-4(H—M), REGARDING AMENDMENTS TO PART V (MECHANICAL) AND PART VI (FUEL GAS) OF THE 2018 INTERNATIONAL RESIDENTIAL CODE; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to its authority under Idaho Code section 39-4116(4)(b), the City Council of the City of Meridian hereby finds that good cause exists for the adoption and the following amendments to the 2018 International Building Code (IBC), the 2018 Idaho Residential Code (IRC), 2018 International Energy Conservation Codes (IECC), and the 2018 International Existing Building Code, and that such amendments are reasonably necessary for the protection of the public health, safety, and welfare; WHEREAS,pursuant to its authority under Idaho Code sections 50-301 and 54-2619, the City Council of the City of Meridian hereby finds that good cause exists for the adoption and following amendments to the 2017 Idaho State Plumbing Code (ISPC); WHEREAS,pursuant to its authority under Idaho Code sections 50-301 and 54-1001C, the City Council of the City of Meridian hereby finds that good cause exists for the adoption and following amendments to the 2017 National Electrical Code (NEC); CODE ADOPTION AND LOCAL AMENDMENTS: 2018 IBC,2018 IRC,2017 ISPC,2018 IECC,2017 NEC,2018 IFC,2018 IMC,2018 IFGC PAGE 1 Page 560 item#42. RAFT • 10/1/2020 WHEREAS,pursuant to its authority under Idaho Code sections 50-301, 41-253(1), and 41-256(1), the City Council of the City of Meridian hereby finds that good cause exists for the adoption and following amendments to the 2018 International Fire Code (IFC); WHEREAS,pursuant to its authority under Idaho Code sections 50-301 and 54-5016(4), the City Council of the City of Meridian hereby finds that good cause exists for the adoption and following amendments to the 2018 International Mechanical Code (IMC); WHEREAS,the City Council of the City of Meridian hereby finds that the following amendments do establish at least an equivalent level of protection to that of 2018 IBC, 2018 ISPSC; 2018 IRC, 2018 IECC, 2017 NEC, 2017 ISPC, 2018 IFC, and 2018 IMC; 2018 IFGC; and WHEREAS,pursuant to Idaho Code section 39-4116(4)(b), a public hearing on the amendments to the IBC, IRC, and IECC was conducted on November 17, 2020, following provision of the proposed language of this ordinance to Associated General Contractors of America, Associated builders and contractors, Association of Idaho Cities, Idaho Association of Building Officials, Idaho Association of Counties, Idaho Association of REALTORSV, Idaho Building Contractors Association, American Institute of Architects Idaho Chapter, Idaho Fire Chiefs Association, Idaho Society of Professional Engineers, Idaho State Independent Living Council, Southwest Idaho Building Trades, and Idaho Building Trades,by U.S. mail, on October 9, 2020, and publication of notice of the time and place thereof in the Meridian Press on October 16, 2020; NOW, THEREFORE,BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code section 10-1-1 shall be amended as follows: 10-1-1: ADOPTION OF INTERNATIONAL BUILDING CODE,INTERNATIONAL RESIDENTIAL CODE, INTERNATIONAL ENERGY CONSERVATION CODE, INTERNATIONAL EXISTING BUILDING CODE,AND LOCAL AMENDMENTS: The following codes, published by the International Code Council, inel ding all appen iees thereto, are hereby adopted and incorporated in full as if set forth at length herein, and shall apply and control within the city of Meridian, save and except such portions as hereinafter deleted, modified or amended: A. The 2015-2018 edition of the International Building Code (hereinafter IBC), as amended by section 10-1-2 of this chapter; B. The 20122018 edition of the International Residential Code (hereinafter IRC), as amended by section 10-1-3 of this chapter; C. The 2018 edition of the International Swimming Pool and Spa Code; CODE ADOPTION AND LOCAL AMENDMENTS: 2018 IBC,2018 IRC,2017 ISPC,2018 IECC,2017 NEC,2018 IFC,2018 IMC,2018 IFGC PAGE 2 Page 561 item#42. RAFT • 10/1/2020 497D. As to residential o *The 20122018 edition of the International Energy Conservation Code (hereinafter IECC), as amended by section 10-1-4 of this chapter:; and D-.E. The 2015-2018 edition of the International Existing Building code (hereinafter IEBC), with no amendments. Section 2. That Meridian City Code section 10-1-2 shall be amended as follows: 10-1-2: AMENDMENTS TO INTERNATIONAL BUILDING CODE: The following amendments to the IBC shall apply: A. IBC section 105.2, exception 1 under"Building," shall be amended to read as follows: Building: 1. One-story detached accessory structures used as tool and storage sheds,playhouses, emissions testing facilities, and similar uses, provided that the floor area is not greater than 120 square feet(11 m2). B. IBC section 1 n�107.2.6 shall be amended to read as follows: Site Plan. The construction documents submitted with the application for permit shall be accompanied by a site plan showing, to scale, the size and location of new construction and existing structures on the site, distances from lot lines, the established street grades, and the proposed finished grades. The site plan shall be drawn in accordance with an accurate boundary line survey. In the case of demolition, the site plan shall show construction to be demolished and the location and size of existing structures and construction that are to remain on the site or plot. The building official is authorized to waive or modify the requirement for a site plan when the application for permit is for alteration or repair or when otherwise warranted. All development located in the Meridian floodplain overlay district is required to meet the provisions of the Meridian flood damage prevention ordinance, title 10, chapter 6, Meridian city code. C. IBC section 109.2 shall be amended to provide as follows: Schedule of Permit Fees. The fee for each permit shall be as set forth pursuant to a schedule of permit fees as established by resolution of the city council. The determination of value or valuation under any of the provisions of this code shall be made by the building official. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical,plumbing, heating, air conditioning, elevators, fire extinguishing systems and any other permanent equipment. Final building permit valuation shall be set by the building official for all permits that require initial estimated valuation and final estimated valuation by the applicant. Payment of permit fees is required at the time the permit is issued. Permits shall not be issued or considered valid until fees are paid. D. A new section, section 109.6.1, shall be added to the IBC to provide as follows: Permit Fee Refunds. Up to eighty percent(80%) of the fees paid for a valid permit may be CODE ADOPTION AND LOCAL AMENDMENTS: 2018 IBC,2018 IRC,2017 ISPC,2018 IECC,2017 NEC,2018 IFC,2018 IMC,2018 IFGC PAGE 3 Page 562 item#42. RAFT • 10/1/2020 refunded to the permit holder upon request, if the permit holder has not commenced any work under said permit. The permit holder shall request such refund in writing to the building official no later than one hundred eighty(180) days following the date of permit issuance. Plan review fees shall not be refunded in part or in whole after completion of plan review. E. A new section, section 109.7, shall be added to the IBC to provide as follows: Permit Transfer. A building permit granted pursuant to this code may be transferred from one permit holder to another permit holder upon written request by the current permit holder to the building official. Expired permits may not be transferred. No permit transfer may be made without written approval of the building official; if transfer is attempted without written approval of the building official, such permit shall be deemed void. F. IBC section 202, Definition for Townhouse, shall be amended to provide as follows: A single-family dwelling unit constructed in a group of three or more attached units in which each unit extends from the foundation to the roof, separated by property lines, and with open space on at least two sides. F-.G. IBC section 312.1 shall be amended with the deletion of the requirement for agricultural buildings to comply with the IBC. &.H. IBC section 1612 shall be deleted, and replaced with language to provide as follows: Flood Loads. All development located in the Meridian floodplain overlay district is required to meet the provisions of the Meridian flood damage prevention ordinance, title 10, chapter 6, Meridian city code. HMI. A new section, section 1805.3.4, shall be added to the IBC to provide as follows: Waterproofing Hydraulic Elevator Shaft Pits. Elevator shafts shall be designed to prevent the intrusion of water into the hydraulic elevator shaft pit, with accommodation made for the high groundwater table in the city of Meridian, in accordance with American Society of Mechanical Engineers standard A17.1, section 2.2.2.3. U. IBC section 1807.1.4 shall be deleted, and replaced with language to provide as follows: Wood Footings Or Foundations. Regardless of the provisions of the IRC or IBC, this chapter, related chapters, appendices or tables, the city of Meridian shall not allow the use of wood, treated or otherwise, for footings or foundations. JK. IBC section 3002.4 shall be amended to provide as follows: Elevator Car To Accommodate Ambulance Stretcher. Where elevators are provided in buildings two (2) or-fner-estories above, or-two (2) or-more stories be! above or below grade plane, at least one (1) elevator shall be provided for fire department emergency access to all floors. The elevator car shall be of such a size and arrangement to accommodate an ambulance stretcher twenty-four by eighty-four inches (24" x 84") with not less than five inches (5")radius corners, in the horizontal, open position and shall be identified by the international symbol for emergency medical services (star of life). The symbol shall not be less than three inches (3") high, and shall be placed inside on both sides of the hoistway door frame. CODE ADOPTION AND LOCAL AMENDMENTS: 2018 IBC,2018 IRC,2017 ISPC,2018 IECC,2017 NEC,2018 IFC,2018 IMC,2018 IFGC PAGE 4 Page 563 item#42. RAFT • 10/1/2020 L. IBC Section 3113.1 shall be deleted, and replaced with language to provide as follows: Relocatable Buildings. The provisions of this Section shall apply to relocatable buildings. Relocatable buildings manufactured after the effective date of this code shall comply with the applicable provisions of this code; title 39, chapter 43, Idaho Code; and IDAPA 07.03.03. Excotion: This Section shall not apply to manufactured housing used as dwellings. ISM. IBC section 305.2.3 shall be deleted, and replaced with language to provide as follows: Twelve (12) Or Fewer Children In A Dwelling Unit. A facility such as the above within a dwelling unit and having twelve (12) or fewer children receiving such daycare shall be classified as a group R-3 occupancy or shall comply with the IRG International Residential Code. N. IBC Section 308.2.4 shall be deleted, and replaced with language to provide as follows: Five (5) or fewer persons receiving custodial care. A facility with five (5) or fewer persons receiving custodial care shall be classified as a Group R-3 occupancy or shall comply with the International Residential Code. O. IBC Section 308.3.2 shall be deleted, and replaced with language to provide as follows: Five (5) or fewer persons receiving medical care. A facility with five (5) or fewer persons receiving medical care shall be classified as a Group R-3 occupancy. &P. IBC section 308.6.4 308.5.4 shall be deleted, and replaced with language to provide as follows: Persons Receiving Care In A Dwelling Unit. A facility such as the above within a dwelling unit and having twelve (12) or fewer children receiving daycare or having five (5) or fewer persons receiving custodial care shall be classified as a group R-3 occupancy or shall comply with the HZG International Residential Code. M-.Q. IBC section 310.5-310.4 shall be deleted, and replaced with language to provide as follows: Residential Group R-3. Residential Group R-3 occupancies where the occupants are primarily permanent in natures and not classified as group R-1, R-2, R-4, E, or I, including: 1. Buildings that do not eei#ain more than twe (2) dwelling units; 2 Bear-ding Louses (ne tf , scent)with sixteen (1 6) or-fewer-e nts-, z Bear-ding houses (tfa sieRt) with for (1 mor-fewer-oeeupants; 4. Cafe f4eilities that provide aeeemmodations for-five (5) or-fewer-. 5. Cengff-egate living f4eilities (Heffl- 4-ans-ient) with sixteen (16) or-fewer-eeeupapAs-, 7. Dwelling tmits providing dayear-e for-twelve (12) er-fewer-ehildr-en. g. Lodging heiise with five or-fewer-giiest feems. 1. Buildings that do not contain more than two (2) dwelling 2. Care facilities that provide accommodations for five (5) or fewer persons receiving personal care, custodial care or medical care. 3. Congregate living facilities (nontransient)with sixteen(16) or fewer occupants, including boarding houses nontransient), convents, dormitories, fraternities and sororities, and monasteries. CODE ADOPTION AND LOCAL AMENDMENTS: 2018 IBC,2018 IRC,2017 ISPC,2018 IECC,2017 NEC,2018 IFC,2018 IMC,2018 IFGC PAGE 5 Page 564 item#42. RAFT • 10/1/2020 4. Congregate living facilities (transient)with ten (10) or fewer occupants, including boarding houses (transient). 5. Dwelling units providing day care for twelve (12)or fewer children. 6. Lodging houses (transient)with five (5) or fewer guest rooms and ten(10) or fewer occupants. N-.R. IBC section 310.5.1310.4.1 shall be deleted, and replaced with language to provide as follows: Care Facilities Within A Dwelling. Care facilities for twelve (12) or fewer children receiving daycare or for five (5) or fewer persons receiving personal care or custodial care that are within a single f� il, one- or two-family dwelling are permitted to comply with the IRG International Residential Code. 0. Add footnote (f) 2902.6 in the headef t:ew of the table eeltima labeled"Drinking fettatains"of Table 2902.1 Minimum Number of Requir-ed Plumbing Fixtufts, and add feetnete (f) unde Table 2902.1 to state the following: Drinking fetmtains aF- - H111-1-d for-an eee"a*t lead of (30) fewer. gS. IBC section 2902.6 shall be deleted, and replaced with language to provide as follows: Drinking fountains shall not be-required for an occupant load of thirty(30) or fewer. Q-.T. Footnote (e)to table 2902.1, Minimum Number Of Required Plumbing Fixtures, shall be deleted, and replaced with language to provide as follows: For business occupancies, excluding restaurants, and mercantile occupancies with an occupant load of thirty(30) or fewer, service sinks shall not be required. R-.U. IBC Appendices B, E, F, 14, 1, and T B, H, and I shall be mandatory. Section 3. That Meridian City Code section 10-1-3 shall be amended as follows: 10-1-3: AMENDMENTS TO INTERNATIONAL RESIDENTIAL CODE: The following amendments to the IRC shall apply: A. Parts VII(plumbing), VIII (electrical), and IV (Energy Conservation) shall be deleted. B. Exeeptie„ 1irr of JRG seetie„ R101.2, Seepe, ha'�Releted.. The exception under Section R101.2 Scope shall be deleted and replaced with the following_ Exception: The following shall also be permitted to be constructed, in accordance with this code: 1. Owner-occupied lodging houses with five (5) or fewer guestrooms and ten (10) or fewer total occupants. 2. A care facility with five (5) or fewer persons receiving custodial care within a dwelling unit or single-family dwelling. 3. A care facility for five 5 or fewer persons receiving personal care that are within a dwelling unit or single-family dwelling 4 A care facility with twelve (12) or fewer children receiving day care within a dwelling unit or single-family dwelling_ CODE ADOPTION AND LOCAL AMENDMENTS: 2018 IBC,2018 IRC,2017 ISPC,2018 IECC,2017 NEC,2018 IFC,2018 IMC,2018 IFGC PAGE 6 Page 565 item#42. RAFT • 10/1/2020 G. Exeeption 2 of 1RG seetion R 101.2, Seepe, shall be deleted and r-eplaeed with language to provide as follows: Exeeption: Owner- oeetipied lodging hottses with three (3) fiyg:(5*or-fewer-guestr-ooms shall dwellings. Sueb oeeupaneies shall be r-e"ir-ed to install smoke alafTas and ear-bon mone alarms in acear-danee with seetions R314 and R315, respectively, of the 1RC or one and two family dwellings C. Section R104.10.1 Flood hazard areas shall be deleted. D. Item 2 of the `Building" subsection of IRC section R105.2, Work Exempt from Permit, shall be deleted and replaced with the following_: Fences not over six feet W)high may be exempted from the requirement for a building permit in the absence of any other applicable land use regulations governing the installation, height, type, or other aspect thereof. D—. E. Item 7 of the 'Building" subsection of IRC section R105.2, Work Exempt From Permit, shall be deleted and replaced with the following: Prefabricated swimming pools that are not greater than four(4) feet(one thousand, two hundred nineteen(1219) mm) deep. €-F. A new item, no. 11, shall be added to the 'Building" subsection of IRC section R105.2, Work Exempt From Permit: Flagpoles. F-.-G. A new section, section R108.5.1, shall be added to the IRC to provide as follows: Permit Fee Refunds. Up to eighty percent (80%) of the fees paid for a valid permit may be refunded to the permit holder upon request, if the permit holder has not commenced any work under said permit. The permit holder shall request such refund in writing to the community development director or designee no later than one hundred eighty(180) days following the date of permit issuance. Plan review fees shall not be refunded in part or in whole after completion of plan review. FAH. A new section, section R108.5.2, shall be added to the IRC to provide as follows: Permit Transfer. A building permit granted pursuant to this code may be transferred from one permit holder to another permit holder upon written request by the current permit holder to the Building Official. Expired permits may not be transferred. No permit transfer may be made without written approval of the senm+uni3� development dir-eeter-of- Building Official; if transfer is attempted without written approval, such permit shall be deemed void. I. Section R109.1.3 shall be deleted and replaced with the following: R109.1.3 Floodplain inspections. For construction in areas prone to flooding as established by Table R301.2(1), ppon placement of the lowest floor, including basement, CODE ADOPTION AND LOCAL AMENDMENTS: 2018 IBC,2018 IRC,2017 ISPC,2018 IECC,2017 NEC,2018 IFC,2018 IMC,2018 IFGC PAGE 7 Page 566 item#42. RAFT • 10/1/2020 the building official is authorized to require submission of documentation of the elevation of the lowest floor, including basement, required in Section R322. J. Section R202, Definition for Townhouse, shall be amended to provide as follows: A single—family dwelling unit constructed in a rg_oup of three or more attached units in which each unit extends from the foundation to the roof, separated by_propegy lines, and with open space on at least two sides. H-.-K. Table R201.2(1) R301.2 1 , Climate and Geographic Design Criteria, shall be completed with criteria as follows: GROUND SNOW LOAD: 20 psf. Design roof load shall not be less than a uniform snow load of 25 psf. WIND DESIGN SPEED (mph): 115 mph for risk occupancy II or less; 120 mph for risk occupancy III or greater. WIND DESIGN TOPOGRAPHIC EFFECTS: No, in accordance with Section R301.2.1.5 SEISMIC DESIGN CATEGORY: C WEATHERING: Severe FROST LINE DEPTH: 24 inches TERMITE: Slight to Moderate WINTER DESIGN TEMP: 10 degrees F (annual mean temperature: 51.1 degrees F). The outdoor design dry-bulb temperature shall be selected from the columns of 971/2 percent values for winter from Appendix D of the Idaho State Plumbing Code or as determined by the Building Official. ICE BARRIER UNDER LAYMENT REQUIRED: No FLOOD HAZARDS: Refer to Title 10, Chapter 6, Meridian City Code, Flood Damage Prevention. L. Section R301.2.1.2, Protection of Openings, shall be deleted. -LM. IRC section R301.2.4, shall be deleted, and replaced with language to provide as follows: Floodplain Construction. All development located in the Meridian floodplain overlay district is required to meet the provisions of the Meridian flood damage prevention ordinance, title 10, chapter 6, Meridian City Code. J-.N. IRC Table R302.1(1), Exterior Walls shall be deleted, and replaced with language to provide as follows: CODE ADOPTION AND LOCAL AMENDMENTS: 2018 IBC,2018 IRC,2017 ISPC,2018 IECC,2017 NEC,2018 IFC,2018 IMC,2018 IFGC PAGE 8 Page 567 item#42. RAFT • 10/1/2020 MINIMUM FIRE EXTERIOR WALL ELEMENT MINIMUM FIRE- SEPARATION RESISTANCE RATING DISTANCE 1 hour-tested in accordance Walls Fire-resistance rated with ASTM E 119,ef�UL263 <3 feet with expesufe ffem both sides-,or Section 703.3 of the International Building Code with ex osure from both sides Not fire-resistance rated 0 hours 3 fee t>3 feet Fire-resistance rated 1 hour on the undersides 2 eet>2 feet to<3 feet Projections heave timber,or fire retardant-treated woods,b Not fire-resistance rated 0 hours 3 fee t>3 feet Not allowed N/A <3 feet Openings in 25%maximum of wall 0 hours 3 feet>3 feet to<5 feet Walls area Unlimited 0 hours 5 feet Comply with Section R302.4 <3 feet Penetrations All None required 3€e€ >3 feet For SI: 1 foot= 304.8 mm. N/A=Not Applicable a The fire-resistance rating shall be permitted to be reduced to zero (0)hours on the underside of the eave overhang if fireblocking is provided from the wall top plate to the underside of the roof sheathing. b The fire-resistance rating shall be permitted to be reduced to zero (0)hours on the underside of the rake overhangwhere here gable vent openings are not installed. language to provide as fellews: Exeeption: Two (2) one houf fire r-esistanee rated wall assemblies or-a eenffnea two hett fin r-esistanee rated�vall assembly tested in aeoer-danee with ASTN4 E!19 of UL 263 is pet:mit4ed for-townhettses. if�wo (2) one heiff rated walls afe used, pitffilbing and eleetfi installations within the wall eavity shall eenfeFm with fire r-esistanee penet-Fation A-Re b-ouf rated walls. The two hour-fire r-esistanee rated eeffifflon wa4l shall not eentain pittmbing or-meeha-nieal e"ipmeat, duets, or-vents within its wall ea-vity. The wall shall be m4ed for-fire exposure from both sides and shall extend to and be tight against the exter-ior- walls and the tffider-side of the roof sheathing. Penetfations of eleetfieal eti4let boxes shall be O. Section R302.13, Fire protection of floors, shall be deleted. P. Section R303.4 shall be deleted, and replaced with the following_ CODE ADOPTION AND LOCAL AMENDMENTS: 2018 IBC,2018 IRC,2017 ISPC,2018 IECC,2017 NEC,2018 IFC,2018 IMC,2018 IFGC PAGE 9 Page 568 item#42. RAFT • 10/1/2020 R303.4 Mechanical Ventilation. Dwelling units shall be provided with whole-house mechanical ventilation in accordance with Section M1505.4. &Q IRC section R302.6, Dwelling/Garage Fire Separation, shall be amended to provide as follows: Dwelling/Garage Fire Separation. Walls and ceiling of garages shall be covered with not less than 5/8-inch(15.9 mm)type X gypsum board or equivalent. M. 1RC section R303.4 shall be deleted and replaced with language to provide as fellow&,- Dwelling units shall be provided with whole house fneehanieal ventilation in aeeer-da Exeeption: Where the air-ififiltr-ation rate of a dwelling unit is eqtial to 5 air- ehanges per houf or-greater-when tested with a blower doof!at a pressure of 0.2 inch w.e. (50 pa) in N-.R. The exception to IRC section R313.1, Townhouse Automatic Fire Sprinkler Systems, shall be deleted, and replaced with language to provide as follows: Exception: Automatic residential fire sprinkler systems shall not be required in townhouses where either two (2) one-hour fire-resistance rated walls or a common two-hour fire- resistance rated wall, as specified in item number 2 of Section R302.2.2 is installed between dwelling units or when additions or alterations are made to existing townhouses that do not have an automatic residential fire sprinkler system installed. 0-.S. IRC section R313.2 shall be deleted. T. The exceptions to Section R314.2.2 Alterations, repairs and additions, shall be deleted, and replaced with the following: Exceptions: 1. Work involving the exterior surfaces of dwellings, such as, but not limited to, replacement of roofing or siding, or the addition or replacement of windows or doors, or the addition of a porch or deck or electrical permits, are exempt from the requirements of this section. 2. Installation, alteration or repairs of plumbing or mechanical systems are exempt from the requirements of this section. U. The exceptions to Section R315.2.2 Alterations, repairs and additions, shall be deleted, and replaced with the following: Exceptions: 1. Work involving the exterior surfaces of dwellings, such as, but not limited to, replacement of roofing or siding, or the addition or replacement of windows or doors, or the addition of a porch or deck or electrical permits, are exempt from the requirements of this section. 2. Installation, alteration or repairs of noncombustion plumbing or mechanical systems are exempt from the requirements of this section. P. New lanpage shall be added to 1RG seetien R315.3 to pr-evide as follows.! €xeeptier: WoFk involving the exterior- ees of weiings Q-.V. IRC section R322 shall be deleted, and replaced with language to provide as follows: Flood-Resistant Construction. All development located in the Meridian floodplain overlay CODE ADOPTION AND LOCAL AMENDMENTS: 2018 IBC,2018 IRC,2017 ISPC,2018 IECC,2017 NEC,2018 IFC,2018 IMC,2018 IFGC PAGE 10 Page 569 item#42. RAFT • 10/1/2020 district is required to meet the provisions of the Meridian flood damage prevention ordinance, title 10, chapter 6, Meridian city code. RL.W. IRC section R402.1 shall be amended to provide as follows: Wood. Regardless of the provisions of the IBC or IRC, this chapter, related chapters, appendices or tables, the city of Meridian shall not allow the use of wood, treated or otherwise, for footings or foundations. X. The following tables shall be deleted: Table R403.4 Minimum Depth(D) and Width(W) of Crushed Stone Footings (inches), Table R403.1(1) Minimum Width and Thickness for Concrete Footings for or Light-Frame Construction (inches), Table R403.1(2) Minimum Width and Thickness for Concrete Footings for Light-Frame Construction and Brick Veneer(inches), and Table R403.1(3) Minimum Width and Thickness for Concrete Footings with Cast-In-Place or Fully Grouted Masonry Wall Construction (inched Y. A new table, Table R403.1, shall be added, to read as follows: TABLE R403.1 MINIMUM WIDTH OF CONCRETE,PRECAST,OR MASONRY FOOTINGS (inches)' LOAD-BEARING VALUE OF SOIL(psf) 1,500 2,000 3,000 >4,000 Conventional light-frame construction 1-Story 12 12 12 12 2-Story 15 12 12 12 3-Story 23 17 12 12 4-inch brick veneer over light frame or 8-inch hollow concrete masonry 1-Story 12 12 12 12 2-Story 21 16 12 12 3-Story 32 24 16 12 8-inch solid or fully grouted masonry 1-Story 16 12 12 12 2-Story 29 21 14 12 3-Story 42 32 21 16 For SI: 1 inch=25.4 mm, 1 pound per square foot=0.0479 kPa. 'Where minimum footing width is twelve(12)inches,use of a single width of solid or fully grouted twelve(12)- inch nominal concrete masonry units is permitted. Z. Section R403.1.1 shall be deleted and replaced with the following_ R403.1.1 Minimum size. Minimum sizes for concrete and masonry footings shall be as set forth in Table R403.1 and Figure R403.1(1). The footingwidth idth(W) shall be based on the load bearing value of the soil in accordance with Table R401.4.1. Spread footings shall be at least six (6) inches in thickness (T). Footing_projections (P) shall be at least two (2) inches and shall not exceed the thickness of the footing. The size of footings sppporting piers and CODE ADOPTION AND LOCAL AMENDMENTS: 2018 IBC,2018 IRC,2017 ISPC,2018 IECC,2017 NEC,2018 IFC,2018 IMC,2018 IFGC PAGE 11 Page 570 item#42. RAFT • 10/1/2020 columns shall be based on the tributary load and allowable soil pressure in accordance with Table R401.4.1. S. !R(; seetion R501.3 and its exeeptions shall be deleted. AAA. IRC section R602.10 shall be deleted, and replaced with the following: Wall Bracing. Buildings shall be braced in accordance with this section or, when applicable section R602.12, or the most current edition of APA System Report SR-102 as an alternate method. Where a building, or portion thereof, does not comply with one (1) or more of the bracing requirements in this section, those portions shall be designated and constructed in accordance with section R301.1. U. The fellewing seetiens and tables of 1RC ehapter- 11 shall be amended in aee0FdaR0e With the 1. �--Able N 102 1.1 (1EC;/ table , lastilation And Fene tr—at on Requir-e rrent RDA Component; ''�ble N 1 ,��3 (Ific7c table R402.1.3), Equivalent Faeter-s; > > Wall And Floor-instilationt. 4. Szetion Nl1A2.4.1 (r� R402.4 4),, Building T1,v,-,,..,,1 Envelop c Se t; R402.4.1 1) installation; 6-Table NI 102.4.1.1 (!EGG table R402 n 1 1), Air-u.,ffie,-And lastilation installation; 7.S eetien-N1!102.4.1.2 (IECC R482.4.1.2) Tossing Option 8. Add eeti6 (!EGG R402.4.1.3), Visual >speetion Option; 9. Add seEtletrAl!102.6 (1EGC .42.6),Residential Log Heine-The al E elope Requirements By Component; and BBB. IRC Appendices A, B, C, D, H, I, j, and-K-,and_Q shall be mandatory. Section 4. That Meridian City Code section 10-1-4, shall be repealed, and replaced with the following: 10-1-4: AMENDMENTS TO INTERNATIONAL ENERGY CONSERVATION CODE: The following amendments to the IECC shall apply: A. The rows in Table R402.1.2 for climate zones "5 and Marine 4" and"6" shall be deleted and replaced with the following: TABLE R402.1.2 INSULATION AND FENESTRATION REQUIREMENTS BY COMPONENT a CODE ADOPTION AND LOCAL AMENDMENTS: 2018 IBC,2018 IRC,2017 ISPC,2018 IECC,2017 NEC,2018 IFC,2018 IMC,2018 IFGC PAGE 12 Page 571 ttem#42. RAFT • 10/1/2020 Glazed Wood c d c Basement Slab Crawlspace Climate Fenestration U- b Fenestration Ceiling Frame Mass Wall Floor Skylight Wall R-Value Wall Zone Factorb U-factor SHGCb,a R-Value Wall R-Valuei R-Value R-Value & R-Value R-Value Depth 5 0.32 0.55 NR 38 20 or 13/17 309 15/19 10,2 ft 15/19 13+5h 22 or 309 6 0.30 0.55 NR 49 13+5h 15/20 15/19 10,4 ft 15/19 B. The following footnote shall be added to the title of IRC table R402.1.2, Insulation And Fenestration Requirements By Component: k. For residential log home building thermal envelope construction requirements see section R402.6. C. The rows in Table R402.1.4 for climate zones "5 and Marine 4" and"6" shall be deleted and replaced with the following: TABLE R402.1.4 EQUIVALENT U-FACTORS a Climate Fenestration Skylight Ceiling Frame Wall Mass Wall Floor Basement Crawlspace Zone U-factor U-factor U-factor U-factor U-factorb U-factor Wall Wall U-factor U-factor 5 0.32 0.55 0.030 0.060 0.082 0.033 0.050 0.055 M A 6 0.30 0.55 0.026 0.057 0.060 0.033 0.050 0.055 D. Section R402.4.1 shall be deleted and replaced with the following: R402.4.1 Building thermal envelope. 1. Until June 30, 2021, the building thermal envelope shall comply with Sections R402.4.1.1 (Installation) and either Section R402.4.1.2 (Testing) or Section R402.4.1.3 (Visual inspection). 2. Effective July 1, 2021, the building thermal envelope of a minimum of twenty percent(20%) of all new single-family homes constructed by each builder shall comply with Section R402.4.1.1 (Installation) and Section R402.4.1.2 (Testing). The authority having jurisdiction may: 2.1. Determine how to enforce this requirement, starting with the fifth house and continuing with each subsequent fifth house. 2.2. Waive this requirement if significant testing indicates the five (5) air changes per hour (ACH)requirement is consistently being met or exceeded(resulting in a lower ACH). 2.3. Grant exceptions to this requirement in rural areas where testing equipment is not available or cost effective. 3. Effective July 1, 2021, the building thermal envelope of eighty percent (80%) of all new single-family homes constructed by each builder shall comply with Section R402.4.1.1 (Installation) and either Section R402.4.1.2 (Testing) or Section R402.4.1.3 (Visual inspection). 4. The sealing methods between dissimilar materials shall allow for differential expansion and contraction. E. Section R402.4.1.1 shall be deleted and replaced with the following: R402.4.1.1 Installation. The components of the building thermal envelope as listed in Table R402.4.1.1 shall be installed in accordance with the manufacturer's instructions and the criteria listed in Table R402.4.1.1, as applicable to the method of construction. CODE ADOPTION AND LOCAL AMENDMENTS: 2018 IBC,2018 IRC,2017 ISPC,2018 IECC,2017 NEC,2018 IFC,2018 IMC,2018 IFGC PAGE 13 Page 572 item#42. RAFT • 10/1/2020 F. Section R402.4.1.2 shall be deleted and replaced with the following: R402.4.1.2 Testing. Testing building envelope tightness and insulation installation shall be considered acceptable when tested air leakage is less than five (5) air changes per hour (ACH)when tested with a blower door at a pressure of 33.5 psf(50 Pa). Testing shall occur after rough in and after installation of penetrations of the building envelope, including penetrations for utilities, plumbing, electrical, ventilation and combustion appliances. Testing shall be conducted in accordance with RESNET/ICC 380, ASTM E 779 or ASTM E 1827 and reported at a pressure of 0.2-inch w.g. (50 Pascals). During testing: 1. Exterior windows and doors, fireplace and stove doors shall be closed, but not sealed. 2. Dampers shall be closed, but not sealed, including exhaust, intake, makeup air,backdraft and flue dampers. 3. Interior doors shall be open. 4. Exterior openings for continuous ventilation systems and heat recovery ventilators shall be closed and sealed. 5. Heating and cooling system(s) shall be turned off. 6. HVAC ducts shall not be sealed. 7.Supply and return registers shall not be sealed. G. A new section, Section R402.4.1.3, shall be added, to read as follows: R402.4.1.3 Visual inspection. Building envelope tightness and insulation installation shall be considered acceptable when the items listed in Table R402.4.1.1, applicable to the method of construction, are field verified. Where required by code official an approved party independent from the installer of the insulation shall inspect the air barrier and insulation. H. A new section, Section R402.6, shall be added, to read as follows: R402.6 Residential log home thermal envelope. Residential log home construction shall comply with Section R401 (General), Section R402.4 (Air leakage), Section R402.5 (Maximum fenestration U-factor and SHGC), Section R403.1 (Controls), the mandatory sections of Sections R403.3 through R403.9, Section R404 (Electrical Power and Lighting Systems), and either 1., 2., or 3. as follows: 1. Sections R402.2 through R402.3, Section R403.3.1 (Insulation), Section R404.1 (Lightning equipment), and Table R402.6 (Log Home Prescriptive Thermal Envelope Requirements by Component). 2. Section R405 (Simulated Performance Alternative). 3. REScheck(U.S. Department of Energy Building Codes Program). I. A new table, Table R402.6, shall be added, to read as follows: TABLE R402.6 LOG HOME PRESCRIPTIVE THERMAL ENVELOPE REQUIREMENTS BY COMPONENT For SI: 1 foot=304.8 mm. Min. Slab Crawl Climate Fenestration Skylight Glazed Ceiling Average Floor Basement R-value Space Zone U-factora U-factor Fenestration R-value Log Size R-value Wall & Wall SHGC In R-valued Depthb R-valued Inches 5,6-High efficiency 0.32 0.60 NR 49 5 30 15/19 10,4 ft. 10/13 equipment pathc CODE ADOPTION AND LOCAL AMENDMENTS: 2018 IBC,2018 IRC,2017 ISPC,2018 IECC,2017 NEC,2018 IFC,2018 IMC,2018 IFGC PAGE 14 Page 573 item#42. RAFT • 10/1/2020 5 0.32 0.60 NR 49 8 30 10/13 10,2 ft. 10/13 6 0.30 0.60 NR 49 8 30 15/19 10,4 ft. 10/13 aThe fenestration U-factor column excludes skylights.The SHGC column applies to all glazed fenestration. bR-5 shall be added to the required slab edge R-values for heated slabs. c90%AFUE natural gas or propane, 84%AFUE oil,or 15 SEER heat pump heating equipment(zonal electric resistance heating equipment such as electric base board electric resistance heating equipment as the sole source for heating is con- sidered compliant with the high efficiency equipment path). d"15/19"means R-15 continuous insulated sheathing on the interior or exterior of the home or R-19 cavity insulation at the interior of the basement wall."15/19"shall be permitted to be met with R-13 cavity insulation on the interior of the basement wall plus R-5 continuous insulated sheathing on the interior or exterior of the home."10/13"means R-10 continuous insu-lated sheathing on the interior or exterior of the home or R-13 cavity insulation at the interior of the basement wall. J. Section R403.5.3 shall be deleted and replaced with the following: R403.5.3 Hot water pipe insulation (Prescriptive). Insulation for hot water piping with a thermal resistance, R-value, of not less than R-3 shall be applied to the following: 1. Piping serving more than one (1) dwelling unit. 2. Piping located outside the conditioned space. 3. Piping located under a floor slab. 4. Buried piping. 5. Supply and return piping in recirculation systems other than demand recirculation systems. K. Section R404.1 shall be deleted and replaced with the following: R404.1 Lighting equipment (Mandatory). A minimum of seventy-five percent(75%) of the lamps in permanently installed lighting fixtures shall be high-efficacy lamps or a minimum of seventy-five percent(75%) of the permanently installed lighting fixtures shall contain only high efficacy lamps. L. Section R406.3 shall be deleted and replaced with the following: R406.3 Energy Rating Index. The Energy Rating Index (ERI) shall be determined in accordance with RESNET/ICC 301. Energy used to recharge or refuel a vehicle used for transportation on roads that are not on the building site shall not be included in the ERI reference design or the rated design. M. Table R406.4 shall be deleted and replaced with the following: Table R406.4 - Maximum Energy Rating Index Climate Zone Energy Rating 5 68 6 68 'Where on-site renewable energy is included for compliance using the ERI analysis of Section R406.4, the building shall meet the mandatory requirements of Section R406.2, and the building thermal envelope shall be greater than or equal to the levels of efficiency and SHGC in Table R402.1.2 or Table R402.1.4 of the 2015 International Energy Conservation Code. N. A new section, Section C101.5.2, shall be added to read as follows: C 101.5.2 Industrial, electronic, and manufacturing equipment. Buildings or portions thereof that are heated or cooled exclusively to maintain the required operating CODE ADOPTION AND LOCAL AMENDMENTS: 2018 IBC,2018 IRC,2017 ISPC,2018 IECC,2017 NEC,2018 IFC,2018 IMC,2018 IFGC PAGE 15 Page 574 item#42. RAFT • 10/1/2020 temperature of industrial, electronic, or manufacturing equipment shall be exempt from the provisions of this code. Such buildings or portions thereof shall be separated from connected conditioned space by building thermal envelope assemblies complying with this code. O. The following exception shall be added to Section C402.5 Air leakage—thermal envelope (Mandatory): Exception: For buildings having over fifty thousand(50,000) square feet of conditioned floor area, air leakage testing shall be permitted to be conducted on less than the whole building, provided the following portions of the building are tested and their measured air leakage is area-weighted by the surface areas of the building envelope: 1. The entire floor area of all stories that have any spaces directly under a roof. 2.The entire floor area of all stories that have a building entrance or loading dock. 3. Representative above-grade wall sections of the building totaling at least twenty-five percent(25%) of the above-grade wall area enclosing the remaining conditioned space. Floor area tested under subparagraphs 1. or 2. of this exception shall not be included in the twenty-five percent (25%) of above-grade wall sections tested under this subparagraph. P. The following exception shall be added to Section C403.5 Economizers (Prescriptive): 7. Unusual outdoor air contaminate conditions—Systems where special outside air filtration and treatment for the reduction and treatment of unusual outdoor contaminants, makes an air economizer infeasible. Q. Table C404.5.1 shall be deleted and replaced with the following: TABLE C404.5.1 PIPING VOLUME AND MAXIMUM PIPING LENGTHS NOMINAL PIPE VOLUME MAXIMUM PIPING LENGTH(feet) SIZE(inches) (liquid ounces per Public lavatory faucets Other fixtures foot length) and appliances 1/4 0.33 31 50 5/16 0.5 N/A-non-standard size 50 3/8 0.75 17 50 1/2 1.5 10 43 5/8 2 7 32 3/4 3 5 21 7/8 4 N/A-non-standard size 16 1 5 3 13 1 1/4 8 2 8 1 1/2 11 1 6 2 or larger 118 1 1 4 For SI: 1 inch=25.4 nun; 1 foot=304.8 nun; 1 liquid ounce=0.030 L; 1 gallon= 128 ounces. CODE ADOPTION AND LOCAL AMENDMENTS: 2018 IBC,2018 IRC,2017 ISPC,2018 IECC,2017 NEC,2018 IFC,2018 IMC,2018 IFGC PAGE 16 Page 575 item#42. RAFT • 10/1/2020 Section 5. That Meridian City Code section 10-2-3(B) shall be amended as follows: B. Permit And Inspection Fees: Fees for permits and inspections shall be fixed by the city council by resolution. 1. Payment Due Upon Issuance: Payment for all permit types is required at the time the permit is issued. Permits shall not be issued until fees are paid. 2. Permit Fee Refunds: Up to eighty percent(80%) of the permit fee paid may be refunded to the permit holder upon request, if the permit holder has not commenced any work under said permit. The permit holder shall request such refund in writing to the public works director or designee no later than one hundred eighty(180) days following the date of permit issuance. Plan review fees shall not be refunded in part or in whole after completion of plan review. 3. Permit Transfer: A permit granted pursuant to this chapter may be transferred from one permit holder to another permit holder upon written request by the current permit holder to the public works director or designee. Expired permits may not be transferred. No permit transfer may be made without written approval of the Community Development Department director or designee; if transfer is attempted without written approval of the Community Development Department director or designee, such permit shall be deemed void. Section 6. That Meridian City Code section 10-3-3(E), shall be amended as follows: 10-3-3: PERMIT REQUIRED; APPLICATION; ISSUANCE: E. Permit And Inspection Fees: Fees for permits and inspections shall be fixed by the city council by resolution. 1. Payment Due Upon Issuance: Payment for all permit types is required at the time the permit is issued. Permits shall not be issued until fees are paid. 2. Permit Fee Refunds: Up to eighty percent(80%) of the permit fee paid may be refunded to the permit holder upon request, if the permit holder has not commenced any work under said permit. The permit holder shall request such refund in writing to the Community Development Department director or designee no later than one hundred eighty(180) days following the date of permit issuance. Plan review fees shall not be refunded in part or in whole after completion of plan review. 3. Permit Transfer: A permit granted pursuant to this chapter may be transferred from one permit holder to another permit holder upon written request by the current permit holder to the Community Development Department director or designee. Expired permits may not be transferred. No permit transfer may be made without written approval of the Community Development Department director or designee; if transfer is attempted without written approval of the Community Development Department director or designee, such permit shall be deemed void. CODE ADOPTION AND LOCAL AMENDMENTS: 2018 IBC,2018 IRC,2017 ISPC,2018 IECC,2017 NEC,2018 IFC,2018 IMC,2018 IFGC PAGE 17 Page 576 item#42. RAFT • 10/1/2020 Section 7. That Title 10, Chapter 4, Meridian City Code, shall be repealed and replaced as follows: Chapter 4 FIRE CODE 10-4-1: FIRE CODE ADOPTED: There is hereby adopted by the mayor and the city council of the city of Meridian, county of Ada, state of Idaho, for the purpose of regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the city of Meridian, Idaho, and providing for the issuance of permits for hazardous uses or operations; and each and all of the regulations, provisions, conditions, terms, and appendices of such International Fire Code, 2018 edition, published by the International Code Council, Inc., and the same are hereby adopted and incorporated as fully as if set out at length herein, with the revisions, additions, and deletions thereto as set forth in this chapter. From the date in which this chapter shall take effect, the provisions of the international fire code, 2018 edition, and the revisions, additions, and deletions thereto as set forth in this chapter shall be controlling within the limits of the city of Meridian. 10-4-2: AMENDMENTS TO THE FIRE CODE: To the extent that any provision of the international fire code, 2018 edition (hereinafter IFC) conflicts with a provision of Idaho Code, the provision of Idaho Code shall prevail. Additionally, the following amendments to the IFC shall apply: IFC section 103.2 shall be amended to read as follows: Section 103.2 Appointment. The code official shall be the fire chief of the city of Meridian. In the absence or by designation of the fire chief, the deputy chief/fire prevention or designee shall be the code official. IFC section 103.3 shall be amended to read as follows: Section 103.3 Deputies. In accordance with the prescribed procedures of the city of Meridian the fire chief shall have the authority to appoint a deputy fire chief/fire prevention, or other technical officer, inspectors and other employees. IFC section 104.1 shall be amended to read as follows: Section 104.1 General. The fire code official is hereby authorized to enforce the provisions of the IFC as herein adopted and amended and shall have the authority to render interpretations of the IFC as herein adopted and amended, and to adopt policies, procedures, rules and regulations in order to clarify the application of such provisions. Such interpretations,policies,procedures, rules and regulations shall be in compliance with the intent and purpose of the IFC as herein adopted and amended and shall not have the effect of waiving requirements specifically provided for in the IFC as herein adopted and amended. CODE ADOPTION AND LOCAL AMENDMENTS: 2018 IBC,2018 IRC,2017 ISPC,2018 IECC,2017 NEC,2018 IFC,2018 IMC,2018 IFGC PAGE 18 Page 577 item#42. RAFT • 10/1/2020 The fire chief is authorized to administer and enforce the IFC as herein adopted and amended. Under the fire chiefs direction, the fire department is authorized to enforce all ordinances of the city of Meridian pertaining to: a. The prevention of fires; b. The suppression or extinguishment of dangerous or hazardous fires; c. The storage, use and handling of hazardous materials; d. The installation and maintenance of automatic, manual and other private fire alarm systems and fire-extinguishing equipment; e. The maintenance and regulation of fire escapes; f. The maintenance of fire protection and the elimination of fire hazards on land and in buildings, and other property, including those under construction; g. The maintenance of means of egress; and h. The investigation of the cause, origin and circumstances of fire and unauthorized releases of hazardous materials, except that for authority related to control and investigation of emergency scenes, IFC section 104.11 shall apply. A new section shall be added to the provisions of the IFC as follows: Section 104.10.2 Fire Prevention Personnel And Police. As requested by the fire chief, the chief of police shall be authorized to assign such available police officers as necessary to assist the fire department in enforcing the provisions of the IFC as herein adopted and amended. IFC section 105.1.1 shall be amended to read as follows: Section 105.1.1 Permits required. A property owner or owner's authorized agent who intends to conduct an operation or business, or install or modify systems and equipment that are regulated by this code, or to cause any such work to be performed, shall first make application to the fire code official and obtain a permit if required by the Meridian Fire Department. A new section shall be added to the provisions of the IFC as follows: Section 105.3.9 Working Without Permit. Any person who commences or causes the commencement of work for which a permit is required under the IFC as herein adopted and amended or under other provision of law without first obtaining each and every required permit, shall, upon application for such permit or permits,pay a doubled permit fee or fees, as established by fee schedule. This provision shall not apply to emergency repair work performed during off-business hours, where such emergency repair work is undertaken in order to reinstate operational status, so long as each and every applicable permit is obtained on the next business day. IFC section 110.4 shall be amended to read as follows: Section 110.4 Violation Penalties. Persons who shall violate a provision of the IFC as herein adopted and amended or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of the IFC as herein adopted and amended, shall be guilty of a misdemeanor,punishable by a fine of not more than $500.00 dollars or by imprisonment not exceeding 30 days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. CODE ADOPTION AND LOCAL AMENDMENTS: 2018 IBC,2018 IRC,2017 ISPC,2018 IECC,2017 NEC,2018 IFC,2018 IMC,2018 IFGC PAGE 19 Page 578 item#42. RAFT • 10/1/2020 IFC section 112.4 shall be deleted. IFC section 106.5 shall be amended to read as follows: Section 106.5 Refunds. Up to eighty percent(80%) of the permit fee paid may be refunded to the permit holder upon request. The permit holder shall request such refund in writing to the Community Development Department director or designee no later than one hundred eighty (180) days following the date of permit issuance. Plan review fees shall not to be refunded in part or in whole after completion of plan review. A new section shall be added to the provisions of the IFC as follows: Section 106.6 Permit Transfer. A permit granted pursuant to this code may be transferred from one permit holder to another permit holder upon written request by the current permit holder to the Community Development Department director or designee. Expired permits may not be transferred. No permit transfer may be made without written approval of the Community Development Department director or designee; if transfer is attempted without written approval of the Community Development Department director or designee, such permit shall be deemed void. These definitions shall be added to IFC section 202: DRIVEWAY. A vehicular ingress and egress route that serves no more than six (6) single family dwellings, not including accessory structures. FIRE STATION. A building, or portion of a building that provides, at a minimum, all weather protection for fire apparatus. Temperatures inside the building used for this purpose must be maintained at above thirty-two (32) degrees Fahrenheit. IFC section 307.1.1 shall be amended to read as follows: Section 307.1.1 Prohibited open burning. Open burning shall be prohibited when atmospheric conditions or local circumstances make such fires hazardous. Hazardous conditions shall include, but shall not be limited to: a) winds of ten miles per hour(10 mph) or greater; b) a red flag warning of high fire danger issued by the National Weather Service; or c) an open burning ban due to the air quality index or other conditions determined by the Idaho Department of Environmental Quality. IFC section 307.4.2 shall be amended to read as follows: Recreational fires shall not be conducted within 25 feet (7620 mm) of a structure or combustible material. Conditions that could cause a fire to spread within 25 feet(7620 mm) of a structure shall be eliminated prior to ignition. Recreational fires shall not have a total fuel area larger than three feet(3') in diameter and not more than two feet(2') in height. A new section shall be added to the provisions of the IFC as follows: Section 307.6 Open burning rules. The following additional rules shall apply to open burning: 307.6.1 Hours. Open burning shall be allowed only between 8:00 a.m. and sunset, with the exception of recreational fires. CODE ADOPTION AND LOCAL AMENDMENTS: 2018 IBC,2018 IRC,2017 ISPC,2018 IECC,2017 NEC,2018 IFC,2018 IMC,2018 IFGC PAGE 20 Page 579 item#42. RAFT • 10/1/2020 307.6.2 Prohibited materials. Burning of the following materials shall be prohibited at all times and under all conditions: yard waste, grass clippings, hazardous materials, construction waste, demolition or salvage debris,junk motor vehicles, commercial waste, industrial waste, tar or tar paper, railroad ties, oil, grease, household waste, tires,plastics, paints, petroleum products, telephone poles, rubber, dead animals, asphalt materials,preservative-treated wood, pathogenic waste, and/or insulated wire. 307.6.3 Burn barrels prohibited. Open burning in metal barrels shall be prohibited. 307.6.4 Smoke management. Any person conducting an open burn shall ensure that smoke caused by burning shall rise up and away from neighboring residences, highways, and other populated areas. IFC section 308.1.6.3 shall be amended to read as follows: Section 308.1.6.3 Sky Lanterns. It shall be unlawful for any person to release a sky lantern or cause a sky lantern to be released,whether tethered or untethered. It shall be unlawful for any person to sell sky lanterns inside the boundaries of the City of Meridian. IFC section 501.3 shall be amended to read as follows: 501.3 Construction documents. Construction documents for proposed driveways, fire apparatus access, location of fire lanes, security gates across fire apparatus access roads and construction documents and hydraulic calculations for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. IFC section 501.4 shall be amended to read as follows: 501.4 Timing of installation. Where fire apparatus access roads, driveways, or a water supply for fire protection are required to be installed, such protection shall be installed and made serviceable prior to and during the time of construction except where approved alternative methods of protection are provided. Temporary street signs shall be installed at each street intersection where construction of new roadways allows passage by vehicles in accordance with Section 505.2. A new section shall be added to the provisions of the IFC as follows: Section 501.4.1 Fire Hydrant Installation Timing. All necessary fire hydrants shall be installed and operational before any combustible materials, as such term is defined by the international building code, 2018 edition, may be brought onto the site. Failure to comply with this provision will result in a stop work order which shall be effective until all necessary fire hydrants are installed and operational. The following words shall be added to IFC section 502.1: DRIVEWAY FIRE STATION The following words shall be added to the heading of IFC section 503: AND DRIVEWAYS IFC section 503.1.1 shall be amended to read as follows: CODE ADOPTION AND LOCAL AMENDMENTS: 2018 IBC,2018 IRC,2017 ISPC,2018 IECC,2017 NEC,2018 IFC,2018 IMC,2018 IFGC PAGE 21 Page 580 item#42. RAFT • 10/1/2020 503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building, or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. Driveways shall be provided and maintained in accordance with Sections 503.1.1 through 503.4.1. Exceptions: 1. The fire code official is authorized to increase the dimension of 150 feet (45 720 mm)where any of the following conditions occur: 1.1 The building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1, 903.3.1.2, or 903.3.1.3. 1.2 Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided. 1.3 There are not more than two Group R-3 or Group U occupancies. 2. Where approved by the fire code official, fire apparatus access roads shall be permitted to be exempted or modified for solar photovoltaic power generation facilities. A new section, section 503.7, shall be added to the provisions of the IFC as follows: Section 503.7 Driveways. Driveways shall be provided when any portion of an exterior wall of the first story of a building is located more than 150 feet(45720mm) from a fire apparatus access road. Driveways shall provide a minimum unobstructed width of 12 feet(3658mm) and a minimum unobstructed height of 13 feet 6 inches (4115mm). Driveways in excess of 150 feet (45720mm) in length shall be provided with turnarounds. Driveways in excess of 200 feet (60960mm) in length and less than 20 feet(6096mm) in width may require turnouts in addition to turnarounds. Section 503.7.1 Limits. A driveway shall not serve in excess of six single family dwellings. Section 503.7.2 Turnarounds. See Appendix D, Fire Apparatus Access Roads. Section 503.7.3 Turnouts. Where line of sight along a driveway is obstructed by a man-made or natural feature, turnouts shall be located as may be required by the fire code official to provide for safe passage of vehicles. Driveway turnouts shall be of an all-weather road surface at least 10 feet(3048mm)wide and 30 feet(9144mm) long. Section 503.7.4 Bridge Load Limits. Vehicle load limits shall be posted at both entrances to bridges on driveways and private roads. Design loads for bridges shall be established by the fire code official. Section 503.7.5. Fire Apparatus Access Road Address Markers. All buildings shall have a permanently posted address, which shall be placed at each driveway entrance and be visible from both directions of travel along the road. In all cases, the address shall be posted at the beginning of construction and maintained thereafter. Address signs along one-way roads shall be visible from both the intended direction of travel and the opposite direction. Where multiple addresses CODE ADOPTION AND LOCAL AMENDMENTS: 2018 IBC,2018 IRC,2017 ISPC,2018 IECC,2017 NEC,2018 IFC,2018 IMC,2018 IFGC PAGE 22 Page 581 item#42. RAFT • 10/1/2020 are required at a single driveway, they shall be mounted on a single post, and additional signs shall be posted at locations where driveways divide. Section 503.7.5.1. Lighted Address Markers. If required the address marker shall be backlit or front lit. The accompanying site map shall also be lit for Police, Fire or EMS to easily see them from dusk to dawn. Section 503.7.6 Grade. The gradient for driveways shall not exceed 10 percent unless approved by the fire code official. Section 503.7.7 Security Gates. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and emergency operation shall be maintained operational at all times. Section 503.7.8 Surface. Driveways shall be designed and maintained to support the imposed loads of local responding fire apparatus and shall be surfaced as to provide all weather driving capabilities. IFC Section 505.1.1 shall be amended to read as follows: Section 505.1.1 Address Identification. The required height of each address number shall be calculated by the distance of the addressed building from the road, as follows: where the building is less than one hundred feet(100) from the road, the height of each address number shall be six inches (6") in height; where the building is one hundred feet to one hundred fifty feet (100-150') from the road, the height of each address number shall be at least eight inches (8") in height; where the building is one hundred fifty-one feet to two hundred feet (151-200') from the road, the height of each address number shall be ten inches (10") in height; where the building is two hundred one feet to two hundred fifty-one feet(201-25 F) from the road, the height of each address number shall be twelve inches (12") in height. A new section shall be added to the provisions of the IFC as follows: Section 505.1.2 Multi-Tenant or Suite Identification. "Tenant space or suite identification shall be of sufficient size and be installed on exterior front and rear access doors." IFC section 507.2 shall be amended to read as follows: Section 507.2 Type of Water Supply. A water supply shall consist of water delivered by fire apparatus, reservoirs, pressure tanks, elevated tanks,water mains, or other sources approved by the fire code official capable of providing the required fire flow, except that the water supply required by this code shall only apply to structures served by a municipal fire department of a fire protection district and within ten miles (16093m) of a responding fire station. The exceptions to IFC section 507.5.1 shall not apply. IFC 604.5.4 shall be amended to read as follows: Section 604.5.4 Grounding. Extension cords without a grounding lug shall not be permitted. IFC section 903.3.7 shall be amended to read as follows: CODE ADOPTION AND LOCAL AMENDMENTS: 2018 IBC,2018 IRC,2017 ISPC,2018 IECC,2017 NEC,2018 IFC,2018 IMC,2018 IFGC PAGE 23 Page 582 item#42. RAFT • 10/1/2020 Section 903.3.7 Fire Department Connections. The location of the fire department connection shall be within one hundred feet (100') of a fire hydrant unless approved by the fire chief or designee. A new section shall be added to the provisions of the IFC as follows: Section 903.4.1.1 All Buildings That Are Required To Be Sprinklered. An approved audible sprinkler flow alarm to alert the occupants of each tenant space shall be provided in the interior of the building at a normally attended location within each tenant space with a minimum of one per floor. A new section shall be added to the provisions of the IFC as follows: Section 903.4.2.2 Alarms.Approved audible devices and visual alarms with a minimum candela rating of 110 shall be connected to every automatic sprinkler system on the exterior of the building per NFPA standard 13/13R located above the fire department connection. A combination audible and visual alarm device is acceptable. IFC section 903.4.3 shall be amended to read as follows: Section 903.4.3 Floor Control Valves. Approved supervised indicating control valves shall be provided at the point of connection to the riser on each floor in institutional and multi-tenant buildings two or more stories in height. A new section shall be added to the provisions of the IFC as follows: Section 903.4.4 Location Of Fire Sprinkler Controls. Sprinkler riser and appurtenances shall be enclosed in a one hour rated room equipped with an exterior door. IFC section 904.1.1 shall be amended to read as follows: Section 904.1.1 Certification of service personnel for fire-extinguishing equipment. If required by the authority having jurisdiction, service personnel providing or conducting maintenance on automatic fire-extinguishing systems, other than automatic sprinkler systems, shall possess a valid certificate issued by an approved governmental agency, or other approved organization for the type of system and work performed. IFC section 906.2.1 shall be amended to read as follows: 906.2.1 Certification of service personnel for portable fire extinguishers. If required by the authority having jurisdiction, service personnel providing or conducting maintenance on portable fire extinguishers shall possess a valid certificate issued by an approved governmental agency, or other approved organization for the type of work performed. A new section shall be added to the provisions of the IFC as follows: Section 907.1.4 Non-Required Fire Alarm Systems. Where fire alarm systems not required by the IFC as herein adopted and amended or other provision of law are installed, any and all notification devices shall meet the minimum design, installation, and occupant notification requirements for systems which are required by the IFC as herein adopted and amended or other provision of law. A new section shall be added to the provisions of the IFC as follows: CODE ADOPTION AND LOCAL AMENDMENTS: 2018 IBC,2018 IRC,2017 ISPC,2018 IECC,2017 NEC,2018 IFC,2018 IMC,2018 IFGC PAGE 24 Page 583 item#42. RAFT • 10/1/2020 Section 907.1.5 Partial Or Limited Fire Alarm Detection Systems. Where partial or limited fire alarm detection systems are installed, any and all notification devices shall meet the minimum design, installation, and occupant notification requirements applicable to full and/or unlimited fire alarm systems. IFC section 912.4.1 shall be amended to read as follows: Section 912.4.1 Locking fire department connection caps. Automatic Sprinkler and Standpipe systems shall be equipped with locking caps at all FDC connections. IFC section 1101.1 shall be amended to read as follows: Section 1101.1 Scope. The provisions of this chapter shall apply to existing buildings constructed prior to the adoption of this code only, if in the opinion of the fire code official, they constitute a distinct hazard to life or property. A new section shall be added to the provisions of the IFC as follows: 2404.3.3.7 Inflatable or Portable Spray Booths. Inflatable or portable spray booths shall be prohibited from use unless specifically listed and approved for such use. IFC chapter 56 shall be amended as follows: Chapter 56 Explosives and Fireworks. Delete Sections 5601.1.3, 5601.2.2, 5601.2.3, 5601.2.4.1, 5601.2.4.2, 5608.2, 5608.2.1, and 5608.3. IFC chapter 80 shall be amended as follows: Chapter 80 Referenced Standards. Where referenced, the following NFPA standards shall refer to same in the following editions: Delete Add Delete Add 2-2011 2-2016 105-2013 105-2016 11-2010 11-2016 110-2013 110-2016 13-2013 13-2016 111-2013 111-2016 13D-2013 13D-2016 160-2011 160-2016 13 R-2013 13 R-2016 170-2012 170-2015 14-2013 14-2016 211-2013 211-2016 20-2013 20-2016 265-2011 265-2015 24-2013 24-2016 303-2011 303-2016 All Appendices shall be mandatory except Appendix J. Section 8. That Meridian City Code section 10-5-1 shall be amended as follows: 10-5-1: ADOPTION OF INTERNATIONAL MECHANICAL CODE, INTERNATIONAL FUEL GAS CODE, INTERNATIONAL RESIDENTIAL CODE PARTS V AND VI,AND LOCAL AMENDMENTS: The following codes, published by the International Code Council, including all appendices thereto, are hereby adopted and incorporated in full as if set forth at length herein, and shall apply and control within the City of Meridian, save and except such portions as hereinafter deleted, modified or amended: CODE ADOPTION AND LOCAL AMENDMENTS: 2018 IBC,2018 IRC,2017 ISPC,2018 IECC,2017 NEC,2018 IFC,2018 IMC,2018 IFGC PAGE 25 Page 584 item#42. RAFT • 10/1/2020 A. The 2 1-22018 edition of the International Mechanical Code (her-einafter!MC), including appendix A, as adopted by the State of Idaho, together with rules and regulations adopted by the State of Idaho, as amended by section 10-5-2 of this chapter(hereinafter IMC); B. The 2042 2018 International Fuel Gas Code (hereinafter-WGG) including appendices A, B, C, and D, as adopted by the State of Idaho, together with rules and regulations adopted b. the State of Idaho, as amended by section 10-5-3 of this chapter(hereinafter IFGC); and C. IRC parts V and VI, with appendices A, B, C and D, published under the authority of the International Code Council, Inc., as adopted by the State of Idaho, together with rules and regulations adopted by the State of Idaho, as amended by section 10-5-4 of this chapter. Section 9. That Meridian City Code section 10-5-2 shall be amended as follows: 10-5-2: AMENDMENTS TO INTERNATIONAL MECHANICAL CODE: The following amendments to the IMC shall apply: A. The following definitions provided in IMC section 202, Definitions, shall be amended as follows: Light-Duty Cooking Appliance: Light-duty cooking appliances include gas and electric ovens (including standard, bake, roasting, revolving, retherm, convection, combination convection/steamer, countertop conveyorized baking/finishing, deck,pastry-,ed-eleet+c—a*d ovens), electric and gas steam jacketed kettles, electric and gas pasta cookers, electric and gas compartment steamers (both pressure and atmospheric) and electric and gas cheesemelters. Medium-Duty Cooking Appliance: Medium-duty cooking appliances include electric discrete element ranges (with or without oven), electric and gas hot-top ranges, electric and gas griddles, electric and gas double sided griddles, electric and gas fryers (including open deep fat fryers, donut fryers, kettle fryers and pressure fryers), electric and gas conveyorpizza ovens, electric and gas tilting skillets (braising pans) and electric and gas rotisseries. B. The following language shall be added to IMC section 401.1 Scope: Exception: The principles specified in ASHRAE 62-2010 may be used as an alternative to this chapter to demonstrate compliance with required ventilation air for occupants. C. The following language shall be added to IMC section 504.6.1504.8.1 Material And Size: Exception: Dryer duct may be constructed of 0.013 (30 gage) or equivalent if prefabricated 0.016 (28 gage) ducts and fittings are not available. D. The following language shall be added to IMC table 603.4 Duct Construction Minimum Sheet Metal Thickness For Single Dwelling Units: Exception: Round duct, enclosed rectangular ducts and fittings less than fourteen(14) inches CODE ADOPTION AND LOCAL AMENDMENTS: 2018 IBC,2018 IRC,2017 ISPC,2018 IECC,2017 NEC,2018 IFC,2018 IMC,2018 IFGC PAGE 26 Page 585 item#42. RAFT • 10/1/2020 may be constructed of 0.013 (30 gage) or equivalent if prefabricated 0.016 (28 gage) ducts and fittings are not available. Section 10. That Meridian City Code section 10-5-3 shall be amended as follows: 10-5-3: AMENDMENTS TO THE INTERNATIONAL FUEL GAS CODE: A. IFGC section 109 shall be deleted. A—. B. The last sentence of IFGC section 406.4 shall be deleted, and replaced with language to read as follows: Mechanical gauges used to measure test pressure shall have a range such that the highest end of the scale is not greater than two (2) times the test pressure nor lower than one and one-half (1.5)times the test pressure. B—. C. IFGC section 406.4.1 shall be deleted, and replaced with language to read as follows: Test Pressure. Not less than twenty(20)psig (140kPa gauge) test pressure shall be required for systems with a maximum working pressure up to ten (10) inches water column. For systems with a maximum working pressure between ten (10) inches water column and ten (10)psig (70kPa gauge); not less than sixty(60)psig (420kPa gauge) test pressure shall be required. For systems over ten(10)psig (70kPa gauge)working pressure, minimum test pressure shall be no less than six (6)times working pressure. Q-D. IFGC section 406.4.2 shall be deleted, and replaced with language to read as follows: The test duration shall not be less than twenty(20)minutes. D. The last sen4enee of WGG seetion 408.4 shall be deleted, and r-eplaeed with language to read as follows- applianees for-installation in vented fir-eplaees, and gas fir-eplaees need not be so E. A new section, IFGC section 503.4.1.2, shall be added, to read as follows: Testing. All plastic pipe within a dwelling used for venting flue gases shall be tested at five (5)psi for fifteen (15) minutes. F. Anew sentence shall be added to IFGC section 505.1.1, to read as follows: An interlock between the cooking appliance and the exhaust hood system shall not be required for appliances that are of the manually operated type and are factory equipped with standing pilot burner ignition systems. Section 11. That Meridian City Code sections 10-5-4(H—M) shall be amended as follows: 14. A new sentenee shall be added to seetion M1507.3.1, to read as follows! air-diiets will eentain an aeeessible baek draft damper-and be designed to have an open CODE ADOPTION AND LOCAL AMENDMENTS: 2018 IBC,2018 IRC,2017 ISPC,2018 IECC,2017 NEC,2018 IFC,2018 IMC,2018 IFGC PAGE 27 Page 586 item#42. RAFT • 10/1/2020 er-oss section of twenty (20) square inches per-one thousand (1,000) square feet 0 „ditio e LH. The following language shall be added to table M1601.1.1(2): Round duct, enclosed rectangular ducts and fittings less than fourteen (14) inches may be constructed of 0.013 (30 gage) or equivalent if prefabricated 0.016 (28 gage) ducts and fittings are not available. -J-.I The last sentence of section G2417.4 (406.4) shall be deleted, and replaced with language to read as follows: Mechanical gauges used to measure test pressure shall have a range such that the highest end of the scale is not greater than two (2) times the test pressure nor lower than one and one-half(1.5) times the test pressure. ICJ. Section G2417.4.1 (IFGC 406.4.1) shall be deleted, and replaced with language to read as follows: The test pressure shall not be less than twenty(20)psig(one hundred forty(140)kPa gauge)test pressure shall be required for systems with a maximum working pressure up to ten(10) inches water column. For systems with a maximum working pressure between ten(10) inches water column and ten(10)psig (seventy(70) kPa gauge), not less than sixty(60)psig(four hundred twenty(420)kPa gauge)test pressure shall be required. For systems over ten (10)psig(seventy(70)kPa gauge)working pressure, minimum test pressure shall be no less than six (6)times working pressure. &K. Section G2417.4.2 (IFGC 406.4.2) shall be deleted, and replaced with language to read as follows: The test duration shall not be less than twenty(20) minutes. M-.L. A new section, section G2427.4.1.2, shall be added, to read as follows: Testing. All plastic pipe within a dwelling used for venting flue gases shall be tested at five (5)psi for fifteen (15) minutes. Section 12. It is hereby declared to be the legislative intent that the provisions and parts of this ordinance shall be severable. If any paragraph, part, section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section 13. All City of Meridian ordinances, or resolutions, or parts thereof, which are in conflict herewith, are hereby repealed. Section 14. That this ordinance shall be effective on January 1, 2021. PASSED by the City Council of the City of Meridian, Idaho, this day of , 2020. CODE ADOPTION AND LOCAL AMENDMENTS: 2018 IBC,2018 IRC,2017 ISPC,2018 IECC,2017 NEC,2018 IFC,2018 IMC,2018 IFGC PAGE 28 Page 587 item#42. RAFT • 10/1/2020 APPROVED by the Mayor of the City of Meridian, Idaho, this day of , 2020. APPROVED: ATTEST: Robert Simison, Mayor Chris Johnson, City Clerk STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 20- The undersigned, William L.M.Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached summary of Ordinance no. 20- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this day of , 2020. William L.M. Nary, City Attorney CODE ADOPTION AND LOCAL AMENDMENTS: 2018 IBC,2018 IRC,2017 ISPC,2018 IECC,2017 NEC,2018 IFC,2018 IMC,2018 IFGC PAGE 29 Page 588 item#42. RAFT • 10/1/2020 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 20- An Ordinance amending Meridian City Code section 10-1-1, regarding adoption of 2018 International Building Code, 2018 International Residential Code, 2018 International Swimming Pool And Spa Code, 2018 International Energy Conservation Code, 2018 International Existing Building Code, and respective local amendments; amending Meridian City Code Section 10-1-2, regarding amendments to International Building Code; amending Meridian City Code Section 10- 1-3, regarding amendments to International Residential Code; repealing and replacing Meridian City Code Section 10-1-4, regarding amendments to International Energy Conservation Code; amending Meridian City Code section 10-2-3(B), regarding plumbing permit and inspection fees; amending Meridian City Code section 10-3-3(E), regarding electrical permit and inspection fees; repealing and replacing Title 10, Chapter 4, Meridian City Code, regarding adoption of the 2018 International Fire Code and local amendments thereto; amending Meridian City Code section 10- 5-1,regarding adoption of 2018 International Mechanical Code,2018 International Fuel Gas Code, 2018 International Residential Code Parts V and VI, and respective local amendments; amending Meridian City Code Section 10-5-2, regarding amendments to 2018 International Mechanical Code; amending Meridian City Code section 10-5-3, regarding amendments to the International Fuel Gas Code; amending Meridian City Code sections 10-5-4(H—M), regarding amendments to Part V (Mechanical) and Part VI (Fuel Gas) of the 2018 International Residential Code; adopting a savings clause; and providing an effective date. First Reading: Adopted after first reading by suspension of the rule as allowed pursuant to Idaho Code City of Meridian § 50-902: YES NO Mayor and City Council Second Reading: By: Chris Johnson, City Clerk Third Reading: CODE ADOPTION AND LOCAL AMENDMENTS: 2018 IBC,2018 IRC,2017 ISPC,2018 IECC,2017 NEC,2018 IFC,2018 IMC,2018 IFGC PAGE 30 Page 589 Building Code Adoptions environment. hazards associated with the built and safety that provides safeguards from preserve public health essential tool to The Recommended Council Action: This is informational as a future public hearing(s) will be scheduled to adopt these minimum codes and amendments. Background: The 2020 Legislature approved administrative rules of the Idaho Building Code Board adopting the following International codes for all building authorities in Idaho, to be effective on January 1, 2021: 2018 International Building Code (IBC), with amendments 2018 International Swimming Pool and Spa Code (ISPSC) 2018 International Existing Building Code (IEBC) 2018 Idaho Residential Code (IRC), with amendments 2018 International Energy Conservation Code (IECC), with amendments 2017 Idaho (Uniform) Plumbing Code 2018 Idaho Fire Code (IFC), with amendments 2017 National Electrical Code (NEC) 2018 Mechanical Code (IMC), with amendments 2018 Fuel and Gas Code (IFGC), with amendments Pursuant to Idaho Code, cities are required to adopt the model codes that have been adopted by the Idaho Building Code Board. Idaho Code sections 39-4116(4)(b) and 54-2601(3) establish processes by which cities may adopt local amendments that are more restrictive than these adopted codes, following a public hearing and notice to enumerated stakeholders. The timeline for this process and ultimate adoption of these codes is as follows: October 14, 2020: Building Official mails letter and a copy of the proposed code adoptions and local amendments to Idaho Code section 39-4116(4)(e)/54-2601(3) stakeholder list October 16, 2020: Meridian Press publishes notice of November 17, 2020 public hearing November 17, 2020: Public hearing and first reading of ordinance November 24, 2020: Second reading December 1, 2020: Third reading + adoption January 1, 2021: Effective date of City ordinance adopting codes and local amendments The proposed local amendments are summarized as follows. 2018 International Building Code (IBC): ▪ Correlated language with the residential code on personal care, custodial care and childcare ▪ Clarification language to use commercial IBC code for medical care ▪ Deleted previous Lap Splices amendment in masonry chapter (is now in 2018 code) ▪ Less restrictive threshold of when a drinking fountain is required ▪ Correlated language on relocatable modular buildings referencing state statute provisions 2018 International Residential Code (IRC): ▪ Correlated language with the IBC code on personal care, custodial care and child care ▪ More options to address protection of roof eaves close to property lines ▪ Elimination of requirement to protect floors of unfinished basements ▪ Deleted previous townhouse wall options-amendments (are now in 2018 code) ▪ Exceptions from smoke detectors for exterior work or trade permits ▪ Exceptions from carbon monoxide detectors for exterior work or trade permits ▪ Amended flood hazard elevation requirements ▪ Replacement of footing section and Table to former edition of code ▪ Deleted Tiny Homes Appendix amendment (is now in 2018 code available for adoption) 2018 International Energy Conservation Code (IECC): ▪ Amendment, Exception for Air Leakage testing of the thermal envelope in large commercial buildings, allowing portions of building to be tested ▪ Deleted many of the previous residential amendments ▪ Some changes to residential prescriptive insulation and fenestration requirements, and U- Factors ▪ Air leakage rate for homes in Idaho is now to be less than 5 air changes per hour (ACH) vs. 7 ACH under previous code and 3 ACH for the national code ▪ Blower door test required on 20% of homes built by a contractor (this requirement is a reduction and has an implementation schedule of an additional 6 months after January 1, 2021, code adoption for soft implementation for education period for contractors) ▪ Reduction of some requirements for hot water pipe insulation ▪ Lighting requires a minimum of 75% of permanently installed fixtures must have high- efficacy lamps Item#43. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Parks Department: Presentation of Pathways Map Update for Council Consideration Page 590 Item#43. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Kim Warren, Parks and Recreation Meeting Date: October 13, 2020 Presenter: Kim Warren, Pathways Project Manager Estimated Time: 15 minutes Topic: Presentation of Pathways Map Update for Council consideration Recommended Council Action: Review updated pathways map provided, along with methodology used to keep pathways map current. Background: The pathways map layer was last updated in March of 2019. Staff is proposing a 2020 pathways update for adoption. Staff has provided a map book of pathways for Council review, including highlighted changes made since the last update. In lieu of presenting each individual change to the pathways map, staff will present methodology used to update this information. We ask that council consider this methodology and review the map additionally as/if desired. Staff proposes to return in a week with a formal resolution request for adoption. Page 591 0 Pathways Map Update 6 Octoberzozo fE D. ILIA N�-- �J Parks and Recreation 0 Item#43. • Overview Parks maintains pathways layer (with GIS support) Ongoing process - tracking updates and changes Last Pathways Map Adoption - March 2019 Working Layer - Interim tool, constantly adapting Adopted Layer - Incorporated by resolution into City Code Page 593 Item#43. Meridian Pathway Man 2020(Working) Poge:5 ie:6 A B C 0 E F a H I J K L Legend e _ P—I:-rmrr rli-.r 1 tr.�..0 FFIN�EN>•m�ma». Prv1-invr•v L ncaap 4 7771 Layer - - o:l3nn�rsrnxay --I I... N. I 1 4 �• 1�` _ I Lf Update °i � 1 _ �J'I 1- ,,I I I Chr nnnl Rwtrs I I — � 'a�'-.; � � _ � � ` °'— _ ^.� III I •} . . s L JV.1.__. IT. I Y1 :u � - II •S i ..I .....n 1 .� -I i FEAXCLSF--' I I.I I ..` , -- .. :L � `1r W Ti— r 5 1 - 'J; ' .t -' IITPJ-.. 5s )ill e- BOOKS �:E �b - _ - = - FORMAT x=� E - - _ l :r 7 I _ T- 0 z z Pages _-:: p ::z _ I - - L.0.0.D.1 v.2 6.3 0.d -1 I. - � � ` tiles v' .• �.:. TT _ L15TII�1{�� LJ Allim E IDI IA N� Page 594 Item#43. Need Update Need approved update to Pathways Layer - to stay in step with development Share methodology + objectives for making these amendments rather than review each individual change Page 595 Item#43. rr� AWIV- Methodologyt Three Types of Ma Changes: p 1. Change in Status Newly constructed pathways since last update / Proposed >>> existing YJ _ _■. ! ' Sha an- eetrau ai -y _mil Kairwfew 16 HI{kuy _ 2. Alignment changes x g g Refinement (side of street or canal, fin tuning for ;� � -- lldflr4 I�Ifl,6hL . r a��LjU DOLY 4d19 Ui context and evolving conditions) a L _ R I� 9LIR361 xr � � To take advantage of opportunitiesptalyzed by - - --- a development �a � � Rn DR I +T }r � FS14rE AVE i Proposed New Connections in owth areas t 3 p g ��x* _ —[,Fs .LYE eiNt�AyF'F'piNti av E'RI�IE',3Y'E Page 596 a i.i 9 Item#43. Proposed Connecti* ons OBJECTIVES Enhance connectivity Stay ahead of development Achieve separation from major roadways. Aim to follow _ waterways whenever possible and/or mid-mile collectors Page 597 Item#43. Exhibit August QgDYs Proposed Update P���:,, R 5 C P E f G N I J K L Legend I — ;°,., r3= .j of CI-:'mp:ct - � .. I Proposed Connections I : y, ¢ „r '— V.IG—TORY—7 _ - Growth Areas = =F31-in,re - � Revised Alignment — V I m n RI9TlY lk F'lllg De I e op e t � . . .. _ . I Opportunity -.-. _ jg-T_I,nu..t d P,"h 4 x �j� — �K GII ]ENJ u'I y� t_h I„n'I_:y•_.I l� $ = i � _ :u rl s WGX141.f.N �— rj 3—�� kMI-T-Y—F —EXERIIY FAMII4 �, I pp _ j .• ' C PILAF- eu I z t' FUNKLFh_z W — i uVERlati Is TIC `j 7 Milos ( E IDIAN� 4 tlL'AI4E-HA27EL `-Y II Page 598 Item 3. Proposed Padmvs Update raga:5 A I C D E F G H i J K L Leg end xhib Ei* t - - - - - - �EN, ,,'.:�-.-�r�. I .I AIIPIIY.'i s h-411R _ .:IM1' ' 'yI I — I I -•-• _:l'I��T::I I-I r{4..:: 3 k- i I I�!I I -.I."i I�� 'I .. - k , � "_ _ I . -�- TU.T r.I .. w hIHF 4rru}r44 r, rkkHKL[h-? • .L _ - -" I i' '.5 -_ ..— I W Alignment Changes = --a i uvsniaxu Existin to Pro osed I i �. I: '. + I- �#--�_::�,ir}��R-I i.':.. ' g p WIIOI[ , - .. '' ti' -. - I - - F I II II II - _ L'•g I IISTI{:IR= 'I I Page 599 �/ IDIAN w - - — ;-' T f�Y— Item#4I- hanced D - • Map with priorityroutes highlighted V V SrT1-X•pp•�• .a•vmx — Legend _ I X •• �- Y I — f �f t�iii A W nl_ry 5li.p.l .....J � i I � •� '} •x4Pn WVwy{Mw'W IIC � "NItr"ANE- -klxtavY'— ..... pra�cuy Fah-ry i M':xh•�'-- -. , -:fir.=rrv"_=�r.��_.- —. * '��„' _.�_.__. _ -- �a.•�I�.uxl tl4'tiv+� __�'__••.: _ ...••..•v.m-'r - — •�*---n•�k7-„n ••.r�,..ti..ir_ _ r �a ...�.� - RWW I r 'I 'Fkaxxl�lyep a f 5MT1fA.N.aru.x ry+.w! V� LL ~Wvvbnbmwm E_'rcXl H FID !LN a " Pa e 600 Item#43. Park Commission Input : / Based on explanation of methodology, examples provided, and recent experience from pathways field trip, the Park Commission recommended pathways changes for Adoption. Page 601 Item#43. Please Consider Adoption of this Update / Based on explanation of methodology presented Review of Map Book Update provided, with changes Staff will plan to return next week with resolution Page 602 Item#43. Page 603 Proposed Pathways Update Page: 1 Au Item#43. 20 A B C D E F G H I J K L Legend ' •oy uA Middleton Mill Canal Lateral 12 0. Area of City Impact C0X 3' Parcels-Meridian 1 L ; -fo�o�" '''••••• - __-_ -� Lateral 12C Flake Lateral •STATE-- •<< c. Canal - Preliminary Lines !r,I Middleton,gill ---- Future Roads 1 \- !off Lateral 128 U tie Pioneer Cana/ Waterway groin � - Meridian Parks �o� ned`I 2 co den - Schools - - - Alternative Route Pioneer Canal Existing Pathway •-• Long-Term Route Micro Path 3 'needy Canal On Street Route La nce Proposed Pathway ^ f -- -- - �� • - .l1-II '� ee�c1,oi Boise Rive .� Changed Routes ___ •� �•�,��� 4 �1 ,♦ 11'i5 St�Ug„ ......iiiiiiiq Ba%S ,,I`y` ���'y/111i,A ♦Rey �. , e River cc W� a S� �L• C7 - \ irfii� I Q MCMIL'L•AN W�-C r 5 ,, i�iiii,?hyllis _- Slough / I- '—_ `__ �--- V ..ii ♦� B �USTIGK Z—�-CHERRY FAIRVIEW 1 om PINE = fxfnl)IVE �0(evcl CanO 1 1 YE FRANKL•IN-Q W , , 1 _Eureka Canal —Eureka Canal f' OVERLAND ,0 6 1 `_ - F ( `o Phyllis SlougS 1 VICTORY _ AMI I LAKE HAZEL K16 1 1 - ♦ 7 COL'UMBIA a �Phyllis Cana * P rr r! 8 00.05).1 0.2 0.3 0.4 Miles E ID I A N � I �C• _= Page 604er _IDAHO M MT ^ Proposed Pathways Update Page: 2 Au Item#43. 20 A B C D E F G H I J K L Legend °I Boise Area of City Impact oilIOC Con Parcels-Meridian f —STATE Lateral 12C Middleton Mill '` �i`I�' `M/od/e}cn egnat Preliminary Lines a 6 os� Future Roads Inf.-rnl 19R uNo Pinncc.-� � _ �%Y Waterway \� — Meridian Parks Schools 2 -•-•- Alternative Route Pioneer Canal Existing Pathway •-• long-Term Route Harfon Davis Canal Micro Path 3 On Street Route a, 'ee�C Proposed Pathway r P Changed Routes 4 ♦� PhyOt Siiiiiiiiiii �� Boise Rivet- s,... - ''. H W14 ,^ I s' .' % jE _(tt Z MCMILLAN o�--� 5 -''y C�✓I 1— Boise Rwe U VUSTICK �' B 00'�40 o x ♦ 'o I o .,cn St it kPrc f)itrh A 0—.-CHERRY FAIRVIEW ---- �, -` o�• �,✓ u�+ PINE FxF1E. +• ♦ i i m FRANKL•IN-¢ w % 1 M c b _ EurP�O Cc+not Evreka Cana/ ^` ° RY of / l 6 rse i'hurma.�Dr 2' OVERLAND ,m ♦`-���iiiiiiiigii Drain i YIGTI RY v - AMA.1 E Phyllis Slough LAKE HAZEL - B ] i I � COL'UMBIA I I • i 8 7 '....,.,,,,,,�,,,,.,,�,,,,,�� North Slough Zinger Lateral P 00.0S.1 0.2 0.3 0.4 y \. Miles �F1 -�` z 9 _ _ M•1 C� OU 'IDAHO i� h WE IDIAN + /„ 9h •r NDEN r 1"J 1 Page 605 1 �I 41r1 !Jun un nu u - • - ■.� I�n�is��J��IIn ICI ■�uu0minuni , IF • - + 11111y1/, IflllU► :' �.-.• �!��I��11►, 111 ■1■1 Irh/11�1 Q� 111��'7 O ♦���1 Few 40 �IIIII 111 IC,L-1 1.,��,j i 111111•h111111111 IIIIIII •;�1 r1111.unu■■■■■ — .••�����i� = •Iiuuuunr��11�11 11 r�I/u11 '�1,i �uul - - — ■i 0�n1111 IIn1iII111O1 .�111111 111111 IIIOI; - .. 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Micro Path 3 LJ On Street Route c y fa Proposed Pathway - 1 I 'Inch Lateral i J Changed Routes 1 4 - u�i I H w�44 � a CHINDEN F W ( I� LL_ Z MCMIL'LAN ��--r1 W 5 i I � �,Wes---- 5 FA•I•R•YIEW— ,� dJ y finch Vusr•ICK j (� y lateral g /�`L �a Y—• FAIRVIEW �- F' �� L u�+ PINE FxFCU�E o m FRANKLIN-Uj = f' OVERLAND ,� b _ I[���i Q p CIOVerdc F ( �> 7/e Lateral VIGTI RY wil - tt/ U � + + AMI•TIY LAKE HAZEL —PINE-. ♦ 7 ✓ Settlers Canal COL I B.A LGOni f l -�016?- — �,/EXEGUITIVE EMERAi-D 8 Gruber Lateral 00.0S.1 0.2 0.3 0.4 ` — EvansTDrcjln Miles -- - - - f I, /Cer totera/ 1 q I FA -1, Ridenbaugh Canal (:> E IDIAN 1 � FR•ANKL-I•N- 1 I DAHO / I—F I l : Page614 T_ Proposed Pathways Update Page: 12 Au Item#43. 20 A B C D E F G H I J K L Legend Area of City Impact ' T = FRJ T KLIN= Parcels-Meridian 1 � . - Preliminary Lines L ---- Future Roads : _ •.I� 1. RHINO �'' ,. enmile.Creek Waterwayi �.. Meridian Parks ,, 1 R<Ssenlof Drain Schools ' • '• �' - - - Alternative Route ��'% �' •� — �,.,' �♦_ ` Kennedy Lateral Existing Pathway !- �� %♦ •—• long-Term Route _ �. ; ,` �. %�.� 1 Micro Path 3 -�;.�'41---- s.r +"•� I -- - On Street Route -••- - Proposed Pathway _ —�� A_�-►4--'r- �� �/�.� I Changed Routes J'----► �--.L 4 gib y— a ¢ 1 � CHINDEN W � 1 —�, o z > 1 1 T MCMIL'LAN ��--cc r 5 OVEIU-0 ND c7 gUSTICK T o Liall �+ I—v—CHERRY FAIRVIEW W J PINE f'rfnj I �) \'' / • \\ DIVE NKLIN F � -_- - ------- fir► f OVERLAND G G ♦. `� F- � .- _ d LU 1 0 VICTI RY - ■ + AMI•'l + Uuva/ Crf 4f" ; C E' + 1 Ca I Lateral.✓ ` L•AK_E HAZEL � � 1 I7 W 7 COL'UMB.A ' V-J 8 - $4 A 00.05).1 0.2 0.3 0.4 _ Mlles 1 -- E IDIAN:--- 9 .�. 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I rnuu 1111111111 � iiiiiiiiii t� ■ ,'`1 Illuiunw lilllr ■ 1111111111 � Proposed Pathways Update Page: 20 Au Item#43. 20 A B C D E F G H I J K L Legend `O Area of City Impact ' Parcels-Meridian � L''AKE IiIAZEL— ; R Preliminary Lines I I o pwsan o ---- Future Roads Waterway o — Meridian Parks / / o - Schools 2 — — - Alternative Route Existing Pathway Mason Greek reeurr •—• Long-Term Route Micro Path 3 On Street Route \ BPckdo//!p� Proposed Pathway Changed Routes Ana Cana/ i Z i `�a1 •�c 43 U C •I� J � � W H 7 �a ,�J Q r UA L l v, rr W Z. \ Uj CHIN DEN F NI W z a a s Z MCMIL'LAN ��--0 5 —00L-UMBIA U W ~ r J \ al VUSTICK �' B 1_0 0 Y—CHERRY FAIRVIEW — NJ W Cc co fxf DIVE FRANKL•IN—RQ W J ` J f' OVERLAND 0 6 F `> VIGTI RY OU it � r AMI•- EL I ; 7 C 'UMBIA ■■ ,�Ubbq�O,eO 0 °/O 8 00.05).1 0.2 0.3 0.4 Miles a� E N DIAN:--- 9 —HUBBARD I D A H O Page 623 Proposed Pathways Update Page: 21 Au Item#43. 20 A B C D E F G H I J K L Legend = Area of City Impact i� LAKE IHAZELi Parcels-Meridian Waterway 1 , ♦ � Preliminary Lines ---- Roads o — Meridian Parks i�......�.�.....�,...,.�����.�..��.., �� 3 tom � �• _ 2 Schools i — — - Alternative Route TmIl rrrr Lateral Existing Pathway t '♦♦ 1 •—• Long-Term Route r ♦♦ �`_ Micro Path 3 , Beckdoir`7� ♦♦ W ` On Street Route Tr ♦,` I \ 1 LJ Proposed Pathway ♦♦ Changed Routes \ ♦♦ i 4 i� "�� ��Rawson C4� ♦♦♦ -CHI DEN % 2 u F CX/ )17/ Z MCMIL'LAN 'COLUMBIA„ -----__------------- V W 1: 11 ■ Z gUSTICK Z—?k-CHERRY FAIRVIEW `r u�+ C PINE fxfCU�IyE W j 0 `° ���♦ FRANKL•IN-¢ -�- f Stevens'Lati- •.' i' OVER9d ,a b 'Fa►r�Qfev/ — H ( �� VICTDRY �B I _ AMITY I �0 L �ekF i COL'UMBIA 0 8 00.01D.1 0.2 0.3 0.4 Miles C�WE IDIAN*: 9 HUBEARD I D A H O Page 624 Proposed Pathways Update Page: 22 Au Item#43. 20 A B C D E F G H I J K L Legend W Area of City Impact ' � --LAKE-HAZEL— f Parcels-Meridian = Preliminary Lines U. --- <or B011erLatero� Future Roads Waterway — Meridian Parks \ � - 2 - I;- :) Schools I - - - Alternative Route Farr Lateral a Existing Pathway �♦ ♦ _IIJ D •-• Long-Term Route ♦� J Micro Path 3 % — <'ateral �Gnningham Lateral Hon La feroi _W On Street Route Proposed Pathway Changed Routes ♦♦� n _I '^}Hw144� ,p°wsOn,cp�♦ ♦� 3� oc a • I 3 � "oy. .� , N , ocis Lafero� CHINDEN F � '� � Hill, o i a MCMIL'LAN �—� r 5 - 60L=UMBIA LU VUSTIGKf� F c�i , % LL Gu OJ '� C� Z—?�-CHERRY FAIRVIEW _ u�+ m PINE FxFCU�E / Yi f FRANKLIN-Q ON,GIN W ensL5te r CJ J � � r gtev al 2' OVERLAND .W 6 i Uj VICTORY �u ��� `� Moore�a'c,-:., NeW York Canal _ AMII +I — - �C' LAKE HAZE COL'UM A if I I ..1 0 8 00.01D.1 0.2 0.3 0.4 ` Miles C��fEF,IDIAN�, 9 I D A H O Page 625 Item#44. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Community Development: Ada County Title 9 Application Presentation Page 626 Item#44. Mayor Robert E. Simison City Council Members: E IDIA N AC%-" Treg Bernt Brad Hoaglun Joe Borton Jessica Perreault Luke Cavener Liz Strader MEMORANDUM TO: Mayor and Council FROM: Dave Miles, Chief of Staff DATE: October 7, 2020 SUBJECT: Ada County Title 9 Application Mayor and Council, Planning is bringing forth an agenda item seeking approval to move forward with an application to Ada County to adopt the City's Comprehensive Plan and Area of City Impact vision based on the City's approval of that plan in December 2019 under Resolution No. 19-2179. City staff has been in contact with County staff to discuss this request and the County staff was favorable to the request. In addition, City and County staff discussed County code items that the City believes should be updated to allow orderly growth and development of Meridian in consideration of County standards. Again, County staff was favorable to these discussions and concepts. The attached draft letter and packet information highlight the specific changes that are requested of Council and the County. r'ublic Works Department . 33 E. Broadway Avenue, Suite 200, Meridian, ID 83642 Page 627 Phone 208-898-5500 . Fax 208-898-9551 . www.meridiancity.org Item#44. Mayor Robert E. Simison E IDIAN City Council Members: =�� Treg Bernt Brad Hoaglun Joe Borton Jessica Perreault �.` Luke Cavener Liz Strader October XX, 2020 The Honorable Kendra Kenyon Chair Board of Ada County Commissioners 200 W. Front Street Boise, ID 83702 Dear Chair Kenyon: On December 17, 2019 the Meridian City Council adopted Resolution No. 19-2179, approving a new Comprehensive Plan ("Plan") for the City. Adoption of the Plan culminates the City's nearly two-year long planning effort for lands within our Area of City Impact. This process involved thousands of stakeholders and, in our opinion, the new Plan represents the consensus of the participants. This Plan not only establishes a new vision for the City and implementing policies, it also reflects our ultimate planning boundary. We respectfully request County consideration and adoption of the City's new Plan and associated vision for the future. As part of Plan development, the City evaluated our existing and proposed Area of City Impact as it relates to trade areas, natural features and geographic factors, compliance with COMPASS' Communities in Motion Plan, as well as other technical, economic and financial analysis. With the adoption of the new Plan, there are a list of City amendments that require recognition and adoption by the County in accordance with our Title 9 Agreement, Ada County Code (ACC) 9-4- 5, Renegotiation. As directed by County staff, we have put together the requested documentation for you to process these requests and proceed with amendments to Title 9 of ACC. The City believes the information provided within this letter and attached provides justification and assurances that the City can and will provide urban-level services to all properties within our planning area. The official request is to amend ACC 9-4-1A2 and ACC 9-4-3A, recognizing Meridian's amended City Impact Boundary and our new Plan. The other, associated Title 9 requested change is to ACC 944C 1. We request that all hearing-level applications, not just planned developments, subdivisions and rezones, on properties that are contiguous to City limits be processed by Meridian. In addition to the few changes to Title 9 listed above, there are some sections of Title 8 of Ada County Code we are also requesting you amend. These changes are related to the orderly growth and development of Meridian and the development standards of the County. The City is seeking changes to the way future sewer and water corridors are preserved; provisions for future multi-use pathways and streetlights; and additional improvements in commercial areas like parking lots and street buffers. When amended, these changes to Title 8 should make a seamless transition from County development to City. The City is not proposing detailed language for these changes Page 628 Item#44. currently. Rather, we wish to work with County staff on appropriate verbiage as these changes can be addressed as part of your current effort to update your development code. We look forward to working with you and your staff in moving the matter of Title 9 changes to completion and working to advance changes to Title 8. If you should need any additional information or would like to hold a joint meeting between the Board of County Commissioners and City Council to discuss,please let us know. Thank you in advance for your consideration and favorable action of our request. Sincerely, Robert E. Simison Mayor cc: Ada County Commissioners Meridian City Councilmembers Steve Rutherford, Ada County Chief Operating Officer Richard Beck, Ada County Development Services Interim Deputy Director Jason Boal, Ada County Development Services Interim Deputy Director David Miles, Meridian Chief of Staff Cameron Ariel, Meridian Community Development Director Caleb Hood, Meridian Planning Manager Attachments Page 629 Item#44 Ada CountyApplication • Ada County Code Changes Requests: — Title 9 Requests: • Recognize current Comprehensive Plan and adopt by reference. • Require hearing-level projects (not just PUD's, subdivisions and rezones) on property contiguous to city limits apply for annexation, directed to City processing. — Exceptions: SFR additions, home occupations/in-home daycares, etc. — Title 8 Requests (Conceptual; to be done with larger Ada County Code re-write effort): • Amend Title 8 of ACC to include some urban-level improvements for County-reviewed subdivisions and "commercial" development in Meridian's AOCI but not contiguous** — sewer/water dry-line (or easements)* — landscaping buffers along arterials — parking lot and drive-aisle improvements (paving, wheel stops, landscaping) — multi-use pathways (or easements for future paths) — street light infrastructure (conduit) along streets and at intersections at arterials — requiring public streets (not private) in general with stubs as appropriate and connectivity — restrict/limit access points to arterial roadways and highways — phasing for master site plans and fire code protection — prohibit billboards, barbed-wire and electric fencing * Establish code requirement to ensure City's needs per utility master plans are not bypassed (Rescue Ranch, McDermott Trunk examples) Alt: Consideration of minimum property sizes and development philosophy within AOCI (i.e. make RUT 10 acre minimum), if code for easements not option. ** Need to define application types this would apply to and exact standards (Co. to adopt master plans/maps for sewer, water and streets) • Increase coordination and communication with applicants on what City's requirements will be; City to attend County pre-application meetings. Page 630 Item#44. Ada CountyApplication ( cont . • Future Requests/Questions: • Collection of City Impact Fees for Eligible Services: • Parks, Fire, and/or Police • Requires legal agreement and standard processes for transactions • Code changes needed? • Additional Title 8 (development code) changes Page 631